Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, April 23, 2024 at 6:00 PM Roswell Development Services Conference Room 500 N Main Street, Suite 100 (Sunwest Centre) Roswell, New Mexico Planning & Zoning Commission Members: Chair: Vice Chair: Saul Aguilar; Members: Jana Lessard, Steve Henderson, Richard L. Gutierrez, Gregory Holman, Alicia Gilmore City Staff: Community Development Director: Jessica Vickers, Esq Planning & Zoning Administrator: Merideth Hildreth, AICP Associate Planner: Miguel Martinez, CZO City Engineer: Louis Najar, P.E. Senior Engineer: James MacCornack, P.E. A. Call to Order B. Roll-Call C. Swearing In D. Approval of the Agenda: April 23, 2024 Agenda E. Approval of Minutes: March 26, 2024 P&Z Regular Meeting Minutes F. Action Items 1. CASE 23-009 ZOC Request zone change from P&R Parks & Recreation to I-1 Light Industrial for a 1.55-acre lot. Location: Northeast corner of College Blvd and Grand Ave. Legal Description: 1.55 acres in the SE Quarter of the SW Quarter of S: 28 T: 10S R: 24E of RR & E OF GRAND AVE to be known as Subd: OVERLAND NORTH GRAND SUMMARY PLAT. (Property Owner: City of Roswell; Agent: Rodney Parrott, Overland Engineering LLC). G. Other Business 1. Election of Planning & Zoning Commission Officers H. Announcements I. Adjourn Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and Resolution 24-02. NOTICE OF POTENTIAL QUORUM – A quorum of the City Council may or may not attend, but there will not be debate by the City Council, and no action will be taken. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents, including the agenda and minutes, can be provided in various accessible formats; please contact the City Clerk at 575- 624-6700. Printed and posted: April 19, 2024 1 TO ATTEND THE PLANNING & ZONING COMMISSION MEETING BY GO TO MEETING Tuesday, April 23, 2024 6:00 PM – 7:00 PM (MDT) Please join the meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/518430445 You can also dial in using your phone. United States: +1 (786) 535-3211 Access Code: 518-430-445 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/join/518430445 Help Desk – 575.500.0587 2  P&Z DRAFT REGULAR MEETING MINUTES Roswell Planning & Zoning Commission Tuesday, March 26, 2024 - 6:00 PM Roswell Development Services Conference Room 500 N Main Street, Suite 100 (Sunwest Centre) Roswell, New Mexico Chair: David Storey; Vice Chair: Saul Aguilar; Secretary: Jesse McDaniel Members: Jana Lessard, Steve Henderson, Richard L. Gutierrez, Greg Holman Jessica Vickers, Esq Merideth Hildreth, AICP Miguel Martinez, CZO Louis Najar, P.E. James MacCornack, P.E. Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and Resolution 24-02. A. CALL TO ORDER AND WELCOME – Chair David Storey Chair Storey called to order the regular meeting of the Planning & Zoning Commission at approximately 6:03 p.m. B. ROLL-CALL David Storey Present Saul Aguilar Present Jesse McDaniel Present Jana Lessard Present Steve Henderson Present Richard L. Gutierrez Absent Greg Holman Present Staff Members Present: Jessica Vickers, Esq, Community Development Director Merideth Hildreth, AICP, Planning and Zoning Administrator Miguel Martinez, CZO, Associate Planner Louis Najar, P.E., City Engineer James MacCornack, P.E., Senior Engineer Audience Members Present: Bud Kunkel, Juan Carreon, Leonard Salgado, Martin Richardson, Marvel Cordova, Kane Oveiz, Gene Dow, Todd Taylor Online: Terri Harbor with Roswell Daily Record C. SWEARING IN: Commissioner Steve Henderson swore in staff and members of the audience. 1 D. APPROVAL OF THE AGENDA Consider approval of the March 26, 2024 Planning & Zoning Commission meeting agenda. Commissioner Aguilar MOTIONED to approve the Tuesday; March 26, 2024 Planning & Zoning Commission agenda as presented. SECONDED by Commissioner McDaniel. A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, Greg Holman-yes, the motion passed 6- 0 with Richard Gutierrez being absent. E. APPROVAL OF MINUTES: Consider approval of the February 27, 2024 Planning & Zoning Commission meeting minutes. Commissioner Lessard MOTIONED to approve the minutes of the February 27, 2024 Planning & Zoning Commission meeting. SECONDED by Commissioner Holman. A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, Greg Holman-yes, the motion passed 6-0 with Richard Gutierrez being absent. F. PUBLIC HEARING ITEMS: 1. Chair Storey introduced CASE 24-007 SUP: CASE 24-007 SUP: Request for a Special Use Permit in the R-3 Residential Zoning District to ensure school complies with State of New Mexico requirements for accreditation. Location: 1405 N Sycamore Avenue. Chair Storey: Next, we move on to our public hearing items. First up is case number 24-007 which is a SUP a special use permit in the R-3 residential zoning District to ensure school complies with the State of New Mexico requirements for accreditation. Commissioner McDaniel MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to case 24-007 SUP. SECONDED by Commissioner Henderson. A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, Greg Holman-yes, the motion passed 6-0 with Richard Gutierrez being absent. Ms. Merideth Hildreth: Presented Case 24-007 SUP Good evening, Chair Storey, Commissioners. First up - item number one on the public hearing is zoning case 24-007 SUP, a request for a special use permit in the R-3 Residential Zoning District to ensure the existing private school at 1405 North Sycamore Avenue complies with State of New Mexico requirements for accreditation. Here you have a staff photo of the Emanuel Lutheran Church and School. Here's an Assessor map and a Zoning Map; you can see it's an R-3 surrounded by a lot of vacant land and a little bit of commercial development on the north side of College Boulevard and also the Spring River Apartments is 2 down the street on the other side of Sycamore. Excuse me, if you're online please, mute yourself for now. The Comprehensive Master Plan shows this as a mixed-use area in the Preferred Land Use Scenario Map. As of today’s date, the Planning and Zoning Division has received zero written protests and zero inquiries pertaining to this Case. Based on the land use and zoning considerations, findings of fact, conclusions of law, regulations established in the Zoning Ordinance, materials provided, and testimony received, I'm asking the Planning and Zoning Commission to make a motion and vote on this case 24- 007 SUP. And Bud Kunkel is here to speak in favor of this case. I stand for questions. Chair Storey: Any questions for Merideth? Thank you Merideth. Anyone wishing to speak in favor of this case please step forward state your name and address please. Favor: Bud Kunkel: Bud Kunkel, 6 Mercedes Court, Roswell, New Mexico. I'm here to present this on behalf of Emanuel Lutheran Church and School. The school has been there about 16 years. If you'll look closely, and Merideth brought this to my attention um so good job staff, thank you, there is not the word school in R-3 Zoning. You've got a lot of other things in there but not school. And if we if the church and school intend to get State accreditation, being proactive we decided that it would be a good idea to ensure that we have a Special Use Permit allowing the school there because we didn't want the state coming back and saying well you've got a school there but it's not in zoning so shut it down. So that's why we're here today. Chair Storey: Any questions of Bud? Commissioner McDaniel: Pretty simple. Chair Storey: Thank you. Bud Kunkel: Thank you, appreciate it. Chair Storey: Anyone else in the audience wishing to speak in favor of case 24- 007? Anyone in the audience wishing to speak against Case 24-007? Anyone against it? Being none, I would accept a motion please. Motion – 24-007 SUP Based on the land use and zoning considerations, findings of fact, conclusions of law, surrounding land uses, regulations established in the Zoning Ordinance, materials presented, and testimony received, Commissioner Lessard MOTIONED to approve Case 24-007 SUP. SECONDED by Commissioner McDaniel. 3  A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, Greg Holman-yes, the motion passed 6-0 with Richard Gutierrez being absent. 2. Chair Storey introduced CASE 24-008 ZOC Request zone change from ETZ R-S Rural Suburban to City of Roswell I-1 Light Industrial for a 10.00-acre annexation into City of Roswell municipal boundary. Location: 402 E Brasher Road. Chair Storey: Next, we have case number 24-008 which is a request for a zone change from ETZ R-S Rural Suburban to City of Roswell I-1 light industrial for a 10-acre annexation into the City of Roswell Municipal Boundary. Could I have a motion to wave the Reading of the Finding of Facts please. Commissioner Aguilar MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to case 24-008 ZOC. SECONDED by Commissioner Lessard. A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, Greg Holman-yes, the motion passed 6-0 with Richard Gutierrez being absent. Chair Storey: Merideth. Ms. Merideth Hildreth: Presented Case 24-008 ZOC Thank you, Chair Storey, Commissioners. Item number F.2 is zoning case 24- 008 ZOC. It’s a zone change request from ETZ R-S Rural Suburban to City of Roswell I-1 Light Industrial for a 10-acre annexation tract. As you can see, you've seen this case before when it came before you for annexation. The City Council did approve the annexation. So now it's before you for the zone change. Here is an aerial from the Chaves County Assessor’s map and the Zoning Map. As you can see, there's Light Industrial, city zoned Light Industrial in the surrounding neighborhood on both sides of Brasher Road. These are staff photos for the property under consideration for the zone change looking across from the FedEx building. And you can see that corridor there. The building on the first photo is Legendary Services. And the owner of the property under consideration wishes to build something similar to that, a different type of business but in the same kind of industrial use. This is the excerpt from the Comprehensive Master Plan Preferred Land Use Scenario Map. As you can see, the Preferred Land Use Scenario is Light Industrial. On January 23rd, 2024, City of Roswell Planning and Zoning Commission voted six to zero to recommend approval of Zoning Case 23- 007 ANNEX to City Council. And on March 14th, 2024, Roswell City Council approved Ordinance 24-02 to Annex 10-acre tract into the Municipal Boundary, which was the Zoning Case 23- 007 ANNEX. As of today's date, the Planning and Zoning Commission or the Planning and Zoning Office has received zero written protests and zero inquiries regarding zoning case 24-008 ZOC. And we request, staff requests that you review and make a motion and vote on Zoning Case 24-008. I'll just read it. Based on land use and zoning considerations, 4 findings of fact, conclusions of law, regulations established in the zoning ordinance, materials provided, and testimony received, Planning and Zoning Commission is requested to make a motion and vote on Zoning Case 24-008 ZOC. I stand for questions and Juan Carreon is in the audience to speak in favor. Chair Storey: Any questions Commissioners? Commissioner Holman: Just curious, is this a matter of procedure that that we have to do the zone change after the annexation? Ms. Merideth Hildreth: It has to be annexed first and then the zone change occurs. Commissioner McDaniel: A lot of excessive steps. Thank you, Merideth. Chair Storey: Thank you, Merideth. Is there anyone in the audience wishing to speak in favor of case 24-008? Please come forward state your name and address, please. Juan Carreon: Yes, I'm Juan Caron 25 Haley Circle. That's where I live, Roswell. As you guys know, I'm back again, third time, so I mean any questions or anything, I'm here to answer Commissioner McDaniel: We admire your persistence. Commissioner Lessard: We really do. You've really hung in there. I wish you the best in your business. Chair Storey: Any other questions of the applicant? Thank you, sir. Anyone else in the audience wishing to speak in favor of this case? Being none, anybody in the audience against this case? Anybody wishing to speak against this case? Being none, I'd accept a motion. Motion – 24-008 ZOC Based on the land use and zoning considerations, findings of fact, conclusions of law, surrounding land uses, regulations established in the Zoning Ordinance, materials presented, and testimony received, Commissioner Lessard MOTIONED to approve Case 24-008 ZOC. SECONDED by Commissioner Holman. A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, Greg Holman-yes, the motion passed 6-0 with Richard Gutierrez being absent. 5 3. Chair Storey introduced CASE 24-006 CANN: Request for approval of a Variance for property in C-4 with respect to C-2 underlying zoning requirement, Variance to residential distance requirements, Zone Change to CCAN, and Conditional Use Permit to operate an adult use retail cannabis establishment. Location: 1407 W 2nd Street Commissioner Holman MOTIONED to waive the reading of the findings of fact and land use and zoning considerations with respect to case 24-006 CANN. SECONDED by Commissioner Aguilar A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, Greg Holman-yes, the motion passed 6-0 with Richard Gutierrez being absent. Chair Storey: Next, we have Merideth. Ms. Merideth Hildreth: Presented Case 24-006 CANN. Chair Storey, Commissioners. Item number three is Case 24-006 CANN, a request for approval of variances, zone change to CCAN, and a CUP to operate an adult use retail cannabis establishment. I'll go over each of these. In the zoning case there's a request for two variances. So, the first variance is for a property in the C-4 with respect to C-2 underlying zoning requirements. And what that is all about is in the Chapter 27 of the Municipal Code, the Cannabis Chapter, the code was written to allow retail cannabis establishments in the C-2 Zoning District. In your packet you can see where the Zoning Ordinance allows anything in the C-2 to also be allowed in the C-4 Zoning Ordinance. I just put everything in here from the cannabis chapter as well so that you could actually see the language; so that's on page 43 of your Packet. Second variance is a variance request to the residential distance requirements. Again, the Code specifies a 300-foot distance from the establishment to residential. There is residential directly behind the alley of this one, and that seems to be fairly common in our city. There's a request for a zone change to CCAN also as specified in the Chapter 27 of the Municipal Code related to cannabis. The zone change to CCAN - CCAN is a floating Zone; it is Commercial Cannabis Zone. It's a floating zone that is just applied to individual properties where commercial cannabis is approved. And then also a Conditional Use Permit which is in Appendix F of your packet. And this is all to operate an adult use retail cannabis establishment at 1407 West Second Street. Here you can see staff photos of the property under consideration at 1407 West Second Street. This used to be the Tokay Beaded Art Gallery. It does have on-site parking and ample expansion area in the back, but there is paved parking toward the front with one access point to Second Street. This is a map of the Chaves County Assessor’s Map. You can see the surrounding land uses. You can see the Monterey Shopping Center across the street and also commercial properties on the east and west. And, as you can see, the Zoning Map. You can see there's a commercial corridor all along Second Street. And you can also see the Residential Zoning District to the north on the other side of the alley. The Comprehensive Master Plan shows the property in a commercial corridor on West Second Street as well. As of today's 6 date, the Planning and Zoning Division has received zero written protests, and I don't remember receiving any inquiries pertaining to this case. We do have several audience members present who may wish to speak in regard to this case. Based on the land use and zoning considerations, findings of fact, conclusions of law, regulations established in the zoning ordinance, City Ordinance Chapter 27, materials provided, and testimony, Planning and Zoning Commission is requested to make a motion and vote on a recommendation to City Council pertaining to zoning case 24-006 CANN. And when you do make your motion, please put it in the affirmative. If you wish to vote against it, please vote no or nay. I stand for questions. Chair Storey: Any questions for Merideth or the other staff? James? Jessica? You guys got any comments? Ms. Merideth Hildreth: Leonard Salgado is here to speak in favor of the case. Chair Storey: All right, we'll get to that in a minute. Any questions of Merideth? Everybody good? Thank you Merideth. Is there anyone wishing to speak in favor of case 24-006? Please state your name and address, please. Leonard Salgado: That would be me. I'm Leonard Salgado. My address is 335 San Pedro Northeast in Albuquerque. I am here representing OCC ABQ LLC also known as uh Oasis Cannabis. And I'm involved in the business development and expansion for the organization. I am proud to represent the organization because actually one of the members of the company actually is a longtime resident of Roswell and his family has operated a very successful business here for over 40 years, so we definitely have some ties to the community. We're grateful certainly for the oppor- tunity to expand our cannabis business in Roswell, and we do we're doing this actually through a merger with an existing dispensary operator known as South- west Organic Producers. And they are located at 610 West Second Street. So, through this merger we will close that particular location and move to our pro- posed location site at 1407 West Second Street, which is of course approxi- mately eight blocks to the west of the present location. So, we believe that this is a very beneficial move for the company and certainly we recognize that it also I think is in keeping with the preservation of the Historical District for Roswell. So, I think we accomplish a couple of things by moving just west. Certainly, we want to thank Merideth for developing the report and the help of her staff. And certainly, we have provided with her to her any supporting documentation. And with that, we certainly are prepared to comply with her conditions of approval in accor- dance with the ordinances that have been developed and approved by the City of Roswell and of this committee. I would like to share just a couple of things and then certainly I'm open to any questions that you may have. This location is very important to us in many different ways. And it's, we're very excited and anxious to move into this facility through our merger with Southwest Organics. This new location will serve actually as a Southeastern New Mexico Regional Hub because this facility will support other dispensaries that come about through this 7 merger in Clovis, in Portales, and also Hobbs. So, we see a large expansion in the Southwest, I'm sorry Southeast area of the state. We will employ approxi- mately 35 new staff members that will be joining us at this facility. We will be certainly paying a competitive wage of $15 an hour to start. After 90 days, those employees will be eligible for a salary increase, and they'll also be able to participate in the company's other benefits such as medical, dental, and vision care. And they will be eligible after 90 days. These new employees by the way will join our current team of 125 people that we have primarily in the Albuquerque and Farmington areas. So, as I said this, this facility is very, very important to us as we look at regional development of this area. This new facility will also be by the way a training facility for again the new employees that will be joining us from this part of the state. In addition, very quickly here this location will serve, to also serve the over 2500 medical cannabis patients that currently reside in Chaves County. So that's very important to us. And if approved, this location in Roswell will add to the total dispensary network that we have throughout the state, which will be 17 in New Mexico. So let me just kind of wrap things up here a little bit by saying that as I'm sure all of you aware, our industry is very highly regulated from the state level, from the municipality level. From every level you can probably think of we are certainly an industry that gets a lot of attention. And we're used to that being the case. We're a very compliance driven organization. We have to be very transparent in the way we do business. So, from the Department of Health, to the Cannabis Control Division, to every municipality that we operate in, we are very, very transparent. And I just want you all to know that that's just the way we do business. So, let me just summarize very quickly and just say that with the history we already have in Roswell, we're looking to just build on that. We look to build on that through our dispensary here. We want to create jobs. We want to create growth opportunities for the team members that will join us here. Certainly it goes without saying, every time that we make a sale at the adult use level there's tax receipts that we collect, reoccurring receipts that we hope will help the community benefit from. Lastly, we certainly want to bring the very best and the most effective cannabis products to our patients and our customers at the most affordable price possible. And I think the community is going to appreciate that we certainly want to create a professional and safe dispensary environment and really work with anyone, anyone who is interested in getting educated about the medical benefits of using cannabis. And I guess I'll sum it up by saying we're looking forward to being and continuing to be business partners in the community and give back to the City of Roswell and to Chaves County whenever possible. So that's our story; we're sticking to it. We certainly appreciate the opportunity, and I'm open for questions that you may have. Chair Storey: Commissioners, any questions? I think we're good. Appreciate it very much. Leonard Salgado: Thank you, sir. Thank you all. Chair Storey: Is there anyone else in the audience wishing to speak in favor of this case? Anybody else? Is there anybody online wishing to speak in favor of 8 this case? Being none, is there anybody wishing to speak against Case Number 24-006? Yes, sir. Please come forward and state your name and address, please. Gene Dow: My name is Gene Dow. I am with Pecos Valley Broadcasting Company. Our business is at 317 West Quay in Artesia. And we own the building right next door to this proposed location at 1405 West Second Street. And if on your map that is location number 27. What we wanted to make the Commission aware of is that we have a tenant that rents that building from us that operates a private business. It is a boxing training facility for children. It is called Barron Boxing. The owner of it is Silver Barron. They have children as young as six years of age that take classes and work out at that facility. Sometimes, weather permitting, the workouts are on the outside of the building and he'll have anywhere from 15 to 20 kids that will be a part of his boxing program and his training program. The kids currently participate in those classes at Barron Boxing. So, I want to bring that to attention to the Commission. As looking at Section 27.65 A.1 being near schools and other facilities that involve children. We would urge the Commission to consider not approving this particular variance at this particular location due to the fact that we have the boxing school that's in the building right next door to this proposed location. Chair Storey: Thank you, sir. Any questions of this gentleman? Merideth is that a consideration when it talks about being close to schools and things? Does it talk about uses by students or children? Ms. Merideth Hildreth: if you look in your packet, I believe the language is stated. Chair Storey. Commissioners, it's on page 44; it talks about prohibited locations and activities Section 27.65 A.1 “No cannabis related businesses shall be permitted within 300 feet of all schools, parks, churches, recreation facilities, child care facilities, military facilities, senior care facilities, retirement facilities, and medical facilities.” Chair Storey: Any other questions or discussion? Anybody in the audience wishing to speak against this case, or online against this case? Staff, any questions comments of Staff or of the applicant or anybody? Yes, sir. Could you state your name again so we know who's talking please? Leonard Salgado: It's Leonard Salgado. The Section A, I believe to protect the health safety and welfare of the community’s most vulnerable populations particularly children. I would like to state that as an organization, again, we appreciate the fact that we are highly regulated from every state and municipality Department that you could probably think of, including the Department of Health. We're very sensitive certainly to particularly children in the community. I can assure you that we take every public safety, not only inside our facility but outside of our facility. There are cameras throughout the interior and exterior of the facility. We are taking every measure to ensure that the safety of our customers, of our patients, of our employees is well observed and taken care of 9 to the best of our ability. We're a good neighbor wherever we operate and we will do everything in our power to make sure that we are sensitive to our neighbors and whatever activity they are involved in. So, I just want to state that for the record, please. Chair Storey: Thank you, sir. Commissioners, questions? I remind anybody or whoever makes the motion that this motion is to go to the City Council to recommend of approval. I guess the motion can't be for denial because you want an affirmative motion. How do you make a recommendation of no recommendation or a motion of no recommendation? That's our choices, right? Recommend approval, denial, or come forth with no recommendation. Ms. Merideth Hildreth: Chair Storey, Commissioners. That's correct. You can make a recommendation of approval, denial, or no recommendation. Chair Storey: A recommendation of denial is not in the affirmative. Is that correct? We'll take it one step at a time. Whoever makes a motion make it for approval and then we'll see what goes from there. I’ll accept a motion. Commissioner Lessard: Based on the land use and zoning considerations, finding of facts, conclusion of law, surrounding land uses, regulations established in the Zoning Ordinance, Article 27 of the Municipal Code, materials presented, and testimony received, I make a motion to recommend an approval of Zoning Case 24-006 CANN to City Council. Chair Storey: Got a motion by Jana and a second by Steve to recommend to the City Council approval of case number 24-006 CANN. May we have a roll call please? Motion – 24-006 CANN Based on the land use and zoning considerations, findings of fact, conclusions of law, surrounding land uses, regulations established in the Zoning Ordinance, Article 27 of the Municipal Code, materials presented, and testimony received, Commissioner Lessard MOTIONED to recommend approval of Zoning Case 24-006 CANN to City Council. SECONDED by Commissioner Henderson. A roll call vote was as follows: Saul Aguilar-yes, Jesse McDaniel-no, Jana Lessard-yes, Steve Henderson-yes, Greg Holman-no, David Storey-yes, the motion passed 4-2 with Richard Gutierrez being absent. Ms. Merideth Hildreth: There's four in the affirmative, two in the negative. The motion carries. 10  Chair Storey: Sir you, have the right to appeal to City Council even though it does go to City Council, and we've had this discussion before, you're more than welcome to appear at the City Council. No, never mind. Ms. Jessica Vickers: Just to clarify on that, this is just a recommendation to City Council, so you're welcome to come to City Council and speak, but City Council will then vote. And then, at that point, you could go through with the appeal process. There's really nothing to appeal at this point. Chair Storey: That clear? Okay, that case has gotten a four to two approval from the Commission. Thank you all very much. You're welcome to stick around, or you're welcome to leave, whatever you'd like to do. It's pretty exciting stuff we do here. Now we have other business. G. OTHER BUSINESS 1 & 2. Chair Storey introduced Other Business, Commissioner Position 5 and Commissioner Position 6. Ms. Merideth Hildreth: Two applicants submitted applications to the City Clerk. Alicia Gilmore spoke to the Commission during the public comment period at last month’s meeting. Todd Taylor is in the audience. The Planning and Zoning Commission may make a recommendation to the Mayor and City Council on both Position 5 and Position 6. Todd Taylor: Addressed the Commission, spoke about his experience as realtor and developer, and would like to serve on the Commission. Motion – Item G.1 Planning & Zoning Commissioner Recommendation Position 5 Commissioner McDaniel MOTIONED for Todd Taylor to fill Position Number 5 for the term of 4.1.2024 to 3.31.2028. SECONDED by Commissioner Lessard. A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, Greg Holman-yes, the motion passed 6-0 with Richard Gutierrez being absent. Motion – Item G.2 Planning & Zoning Commissioner Recommendation Position 6 Commissioner McDaniel MOTIONED for Alicia Gilmore to fill Position Number 6 for the term of 4.1.2024 to 3.31.2028. SECONDED by Commissioner Lessard. A voice vote was as follows: David Storey-yes, Saul Aguilar-yes, Jesse McDaniel-yes, Jana Lessard-yes, Steve Henderson-yes, Greg Holman-yes, the motion passed 6-0 with Richard Gutierrez being absent. 11 H. PUBLIC COMMENTS None. I. ANNOUNCEMENTS None. J. ADJOURN Chair Storey adjourned the meeting at 6:48 p.m. 12  AGENDA ITEM F.1 City of Roswell Planning & Zoning Commission Zoning Case 24-009 ZOC City of Roswell Planning & Zoning Commission Agenda Tuesday, April 23, 2024 Roswell Development Services Conference Room 500 N Main Street, Suite 100 ACTION REQUESTED: Planning and Zoning Commission review and approve a Zone Change from P&R Parks & Recreation to I-1 Light Industrial District for a 1.55-acre lot at the northeast corner of College Boulevard and Grand Avenue. BACKGROUND: Prepared by: Merideth Hildreth, AICP, Planning & Zoning Administrator per the application submitted by applicant. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. REVIEW: The proposed Zone Change requires Planning & Zoning Commission review. BOARD OR COMMITTEE ACTION: Request Planning & Zoning Commission review, discuss, and vote on Zoning Case 24-009 ZOC. STAFF RECOMMENDATION: Based upon the Land Use and Zoning Considerations, Findings of Fact, and materials provided, the Planning & Zoning Commission is requested to review, introduce a motion, and vote to approve or deny Zoning Case 24-009 ZOC at the April 23, 2024 public hearing. EXHIBIT A 24-009 ZOC: APPLICATION PAGE 1 OF 2  EXHIBIT A 24-009 ZOC: APPLICATION PAGE 2 OF 2 LEGAL DESCRIPTION OVERLAND NORTH GRAND LOT 1: A LOT LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 10 SOUTH, RANGE 24 EAST, NEW MEXICO PRINCIPAL MERIDIAN, CHAVES COUNTY, NEW MEXICO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2” IRON ROD WITH CAP #21204 FOR THE SOUTHWEST CORNER OF SAID LOT, WHENCE A 1/2” IRON ROD FOUND AT THE CENTERLINE OF EAST COLLEGE BOULEVARD FOR THE WEST 1/16TH CORNER BETWEEN SECTION 28 AND SECTION 33, BEARS SOUTH 00°06'36" EAST, A DISTANCE OF 30.38 FEET; THENCE, NORTH 0° 10' 51" EAST, A DISTANCE OF 311.20 FEET TO A 1/2” IRON ROD WITH CAP #21204; THENCE, 90°00'00" EAST, A DISTANCE OF 353.61 FEET TO A 1/2” IRON ROD WITH CAP #21204; THENCE, SOUTH 42°05'08" EAST, A DISTANCE OF 119.55 FEET TO A POINT OF CURVATURE; THENCE, ALONG A CURVE TO THE LEFT AN ARC DISTANCE OF 290.72 FEET, HAVING A DELTA ANGLE OF 06°10'13" AND RADIUS OF 2699.54 FEET WITH A CHORD BEARING OF SOUTH 39°59'12" WEST, AND CHORD LENGTH OF 290.58 FEET TO A 1/2” IRON ROD WITH CAP #21204; THENCE, NORTH 89°53'18" WEST, A DISTANCE OF 87.73 FEET TO THE POINT OF BEGINNING; CONTAINING 1.55 ACRES, MORE OR LESS.  EXHIBIT B STAFF SUMMARY FOR CASE: 24-009 ZOC REQUEST FOR ZONE CHANGE FROM P&R to I-1 Roswell Planning & Zoning Commission Tuesday, April 23, 2024 Roswell Development Services Conference Room 500 North Main Street, Suite 100 (SunWest Centre) Roswell, NM 88201 APPLICATION: CASE 24-009 ZOC: Request for change of zoning from P&R Parks and Recreation to I-1 Light Industrial for a 1.55-acre lot located at the northeast corner of Grand Avenue & College Boulevard. I. Property Under Consideration: Property Address: Grand Avenue & College Boulevard Legal Description: S: 28 T: 10S R: 24E E2SW4 LYING N & W OF RR & E OF GRAND AVE BK: D BK 223 PG: 107 To be known as Subd: OVERLAND NORTH GRAND SUMMARY PLAT Property Owner: City of Roswell Applicant/Agent: Rodney Parrott – Overland Engineering LLC II. Site Data: Site Area: 1.55 acres UPC(s): 4-136-060-189-370-000000 Existing Land Use: Undeveloped Proposed Land Use: Develop new Dollar General Existing Zoning: P&R Parks & Recreation Table 1: Adjacent Existing Land Use and Zoning to the property under consideration Direction: Land Use: Zoning: North Wool Bowl P&R South Shamrock Food Service Warehouse on south side of College I-1 West Burrito Express – west side of Grand Ave C-2 East Anderson Museum – east of railroad track I-1 PAGE 1 of 7  EXHIBIT B STAFF SUMMARY FOR CASE: 24-009 ZOC REQUEST FOR ZONE CHANGE FROM P&R to I-1 Maps for 24-009 ZOC Chaves County Assessor’s Map City of Roswell Zoning Map PAGE 2 of 7  EXHIBIT B STAFF SUMMARY FOR CASE: 24-009 ZOC REQUEST FOR ZONE CHANGE FROM P&R to I-1 III. Intent of Petition: The applicant for Zoning Case 24-009 ZOC is requesting a change of zoning from P&R Parks & Recreation to I-1 Light Industrial for the 1.55-acre property located at the northeast corner of Grand Avenue & College Boulevard. IV. Planning & Zoning Commission Considerations from Staff Review: 1. The property under consideration is currently owned by the City of Roswell and zoned P&R Parks & Recreation. 2. The property under consideration is a corner lot. On the 2016 Functional Street Classification Plan, East College Boulevard is classified as a Minor Arterial and intersects with North Grand Avenue classified as a Local Street. 3. BNSF Railroad runs parallel with the east property line. 4. The Zoning Map shows the property under consideration is located in the East College Boulevard Commercial and Light Industrial Corridor. Within this context and adjacent location to the railroad, I-I Light Industrial designation is a compatible zoning designation. 5. A summary plat has been generated to create a 1.55-acre lot from the parent tract. 6. The 1.55-acre lot is under contract for purchase by The Overland Group, LLC for development of a Dollar General. Per Section 7 Paragraph B. Mutual Cooperation of the PURCHSE AND SALE CONTRACT, the “Property shall be properly zoned for commercial real estate” by the Closing Date. PAGE 3 of 7  EXHIBIT B STAFF SUMMARY FOR CASE: 24-009 ZOC REQUEST FOR ZONE CHANGE FROM P&R to I-1 7. The 2016 Comprehensive Master Plan shows the tract is located in an area with Light Industrial as the preferred land use and within a commercial and industrial corridor. Grand Ave Main Street College Blvd Excerpt from 2016 Comprehensive Master Plan Preferred Land Use Scenario Map. 8. City Engineering has reviewed this zone change request, and does not oppose it; the usual comprehensive plan set including civil site plan, drainage and grading plan, drainage report, utility plan, truck access and onsite circulation movements, landscaping / irrigation plan, and outdoor lighting plan will be required for the development review process. PAGE 4 of 7  EXHIBIT B STAFF SUMMARY FOR CASE: 24-009 ZOC REQUEST FOR ZONE CHANGE FROM P&R to I-1 9. Excerpts from the OVERLAND NORTH GRAND SUMMARY PLAT by Souder, Miller & Associates. PAGE 5 of 7  EXHIBIT B STAFF SUMMARY FOR CASE: 24-009 ZOC REQUEST FOR ZONE CHANGE FROM P&R to I-1 10. Excerpt from a Preliminary Site Plan by Overland Engineering, LLC. See Appendix F. 11. Google Earth Street View photo from June 2021 showing the property. PAGE 6 of 7  EXHIBIT B STAFF SUMMARY FOR CASE: 24-009 ZOC REQUEST FOR ZONE CHANGE FROM P&R to I-1 Findings of Fact (Conclusions of Law): 1. A notice of the time and place of the public hearing for this case was published in the Roswell Daily Record at least fifteen (15) days prior to the date of this hearing. 2. Notifications of the public hearing were mailed via certified mail with return receipt requested to property owners of record, as shown by the Chaves County Assessor Map, with lots or land within one-hundred (100) feet of the area under consideration, excluding public rights-of-way. 3. This agenda, which includes this case, has been posted at City Hall and on the City of Roswell’s website for over seventy-two (72) hours as required by State of New Mexico law for a public hearing. 4. As of the time of this writing, the Planning & Zoning Office has received zero (0) written protests, zero (0) verbal protests, and one (1) inquiry. 5. City of Roswell Zoning Ordinance Article 3: Procedures, Amendments, and Changes; Section 9. Zone Changes contains the provisions for Zone Changes. 6. Zoning Ordinance Article 38: I-1 Light Industrial District stipulates allowed uses in the in the Light Industrial Zoning District. V. Action by the Planning & Zoning Commission: Unless evidence to the contrary is introduced in the public hearing, based on the Land Use and Zoning Considerations, Findings of Fact, Staff Recommendations and materials provided, it is recommended that the Planning and Zoning Commission introduce a motion and vote to approve or deny Zoning Case 24-009 ZOC. PAGE 7 of 7  EXHIBIT C.1: 24-009 ZOC LETTER NOTIFYING SURROUNDING PROPERTY OWNERS (Page 1 of 2) LETTER SENT VIA CERTIFIED MAIL ON April 5, 2024 TO SURROUNDING PROPERTY OWNERS COMMUNITY DEVELOPMENT DEPARTMENT 500 N Main Street, Suite 100 Roswell, NM 88201 Telephone: (575) 637.6294 RE: PUBLIC HEARING NOTICE for ZONING CASE 24-009 ZOC Dear Property Owner: You have received this notice via certified mail because Chaves County Assessor information indicates you are a property owner of record within 100 feet of City of Roswell Planning & Zoning Case 24-009 ZOC. This notice informs you of an upcoming public hearing before the City of Roswell Planning and Zoning Commission regarding a Zoning Case for the following property. DESCRIPTION OF ZONING APPLICATION REQUEST: CASE 24-009 Request zone change from P&R Parks & Recreation to I-1 Light Industrial for a 1.55-acre lot. PROPERTY OWNER: City of Roswell APPLICANT: Rodney Parrott, Overland Engineering LLC PROPERTY LOCATION: Northeast corner of College Blvd & Grand Avenue LEGAL DESCRIPTION: Subd: 1.55 acres in the SE Quarter of the SW Quarter of S: 28 T: 10S R: 24E of RR & E OF GRAND AVE to be known as Subd: OVERLAND NORTH GRAND SUMMARY PLAT. The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on Date: TUESDAY, April 23, 2024 at 6:00 p.m. in the Roswell Development Services Conference Room located at 500 North Main Street, Suite 100 in the Sun West Centre Office Complex. You are entitled, although not obligated, to comment either in writing to our office, or in person or online at the hearing. To be considered, written protests must be submitted to and received by the Planning and Zoning Division no later than noon on the working day prior to the Planning and Zoning Commission meeting. Written comments may be delivered to the Planning & Zoning Division in the Roswell Development Services Office at 500 N Main Street Suite 100, or sent to: City of Roswell, Planning & Zoning Administrator, PO BOX 1838, Roswell, NM 88202- 1838 or via email to m.hildreth@roswell-nm.gov .  EXHIBIT C.1: 24-009 ZOC LETTER NOTIFYING SURROUNDING PROPERTY OWNERS (Page 2 of 2) The information packet for these zoning cases will be available no later than 5:00 p.m., on Friday, April 19, 2024, and may be viewed at https://www.roswell-nm.gov/489/Planning-Zoning-Commission. You may inspect the information packet in detail by calling 575.637.6294 for an appointment at the Planning & Zoning Division in the Roswell Development Services Office at 500 N Main Street Suite 100. You may obtain copies of the information packet at a cost of 35 cents per sheet. The City’s Zoning Ordinance is available online at: https://library.municode.com/nm/roswell/codes/code_of_ordinances?nodeId=COOR_APXAZO If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Respectfully, Merideth Hildreth Miguel Martinez Merideth Hildreth, AICP Miguel Martinez, CZO Planning & Zoning Administrator Associate Planner (Area of Notification Map attached)  ANEXO C.2: 24-009 CARTA DE ZOC NOTIFICANDO A LOS PROPIETARIOS DE LOS ALREDEDORES (Página 1 de 2) CARTA ENVIADA POR CORREO CERTIFICADO EL 5 DE ABRIL DE 2024 A LOS PROPIETARIOS DE LOS ALREDEDORES COMMUNITY DEVELOPMENT DEPARTMENT 500 N Main Street, Suite 100 Roswell, NM 88201 Teléfono: (575) 637.6294 RE: AVISO DE AUDIENCIA PÚBLICA para el CASO DE ZONIFICACIÓN 24-009 ZOC Estimado propietario: Usted ha recibido este aviso por correo certificado porque la información del Tasador del Condado de Chaves indica que usted es un propietario registrado dentro de los 100 pies del Caso de Planificación y Zonificación de la Ciudad de Roswell 24-009 ZOC. Este aviso le informa de una próxima audiencia pública ante la Comisión de Planificación y Zonificación de la Ciudad de Roswell con respecto a un caso de zonificación para la siguiente propiedad. DESCRIPCIÓN DE LA SOLICITUD DE ZONIFICACIÓN: CASO 24-009 Solicitar el cambio de zona de P&R Parks & Recreation a I-1 Light Industrial para un lote de 1.55 acres. PROPIETARIO: Ciudad de Roswell SOLICITANTE: Rodney Parrott, Overland Engineering LLC UBICACIÓN DE LA PROPIEDAD: Esquina noreste de College Blvd y Grand Avenue DESCRIPCIÓN LEGAL: Subd: 1.55 acres en el Barrio SE del Cuarto SW de S: 28 T: 10S R: 24E de RR & E OF GRAND AVE que se conocerá como Subd: OVERLAND NORTH GRAND SUMMARY PLAT. La Comisión de Planificación y Zonificación de la Ciudad de Roswell escuchará los comentarios públicos sobre el caso de zonificación anterior de la Fecha: MARTES, 23 de Abril de 2024 a las 6:00 p.m. en la Sala de Conferencias Roswell Development Services ubicada en 500 North Main Street, Suite 100 en el Complejo de Oficinas Sun West Centre. Usted tiene derecho, aunque no está obligado, a comentar por escrito a nuestra oficina, en persona o en línea en la audiencia. Para ser consideradas, las protestas por escrito deben ser presentadas y recibidas por la División de Planificación y Zonificación a más tardar al mediodía del día hábil anterior a la reunión de la Comisión de Planificación y Zonificación. Los comentarios por escrito pueden enviarse a la División de Planificación y Zonificación en la Oficina de Servicios de Desarrollo de Roswell en 500 N Main Street Suite 100, o enviarse a: Ciudad de Roswell, Administrador de Planificación y Zonificación, PO BOX 1838, Roswell, NM 88202-1838 o por correo electrónico a m.hildreth@roswell-nm.gov .  ANEXO C.2: 24-009 CARTA DE ZOC NOTIFICANDO A LOS PROPIETARIOS DE LOS ALREDEDORES (Página 2 de 2) El paquete de información para estos casos de zonificación estará disponible a más tardar a las 5:00 p.m., el viernes 19 de abril de 2024, y se puede ver en https://www.roswell-nm.gov/489/Planning-Zoning-Commission. Puede inspeccionar el paquete de información en detalle llamando al 575.637.6294 para una cita en la División de Planificación y Zonificación en la Oficina de Servicios de Desarrollo de Roswell en 500 N Main Street Suite 100. Puede obtener copias del paquete de información a un costo de 35 centavos por hoja. La Ordenanza de Zonificación de la Ciudad está disponible en línea en: https://library.municode.com/nm/roswell/codes/code_of_ordinances?nodeId=COOR_APXAZO Si usted es una persona con una discapacidad que necesita un lector, amplificador, intérprete calificado de lenguaje de señas o cualquier otra forma de ayuda o servicio auxiliar para asistir o participar en la audiencia o reunión, comuníquese con Recursos Humanos al 575-624-6700 al menos una semana antes de la reunión o lo antes posible. Los documentos públicos, incluidos el orden del día y las actas, pueden proporcionarse en varios formatos accesibles. Comuníquese con el Secretario Municipal al 575-624- 6700 si necesita un resumen u otro tipo de formato accesible. Respetuosamente, Merideth Hildreth Miguel Martinez Merideth Hildreth, AICP Miguel Martinez, CZO Planning & Zoning Administrator Associate Planner (Se adjunta Mapa del Área de Notificación)  EXHIBIT D: CASE 24-009 ZOC Request for zone change from P&R Parks & Recreation to I-1 Light Industrial for 1.55-acre lot N Grand Ave N Garden Ave N Main Street 2 3 8 7 4 1 E College Blvd 6 5 PROPERTY UNDER CONSIDERATION – NE CORNER GRAND AVE & COLLEGE BLVD NOTIFICATION LETTERS SENT TO PROPERTY OWNERS IN NOTIFICATION AREA  EXHIBIT E: 24-009 ZOC– NOTIFICATION AREA ADDRESSES 1 CITY OF ROSWELL PO BOX 1838 ROSWELL NM 88202-1838 RODNEY PARROTT PE OVERLAND ENGINEERING LLC 1598 IMPERIAL CTR STE 2009 WEST PLAINS MO 65775 2 (Wool Bowl) CITY OF ROSWELL PO BOX 1838 ROSWELL NM 88202-1838 3 (Undeveloped) 1600 N Garden Ave ELWELL REVOCABLE TRUST ELWELL DISCLAIMER TRUST 605 GOLONDRINA DR ROSWELL NM 88201 4 DONALD B ANDERSON ROSWELL ARTIST-IN-RESIDENCE FOUNDATION INC PO BOX 1 ROSWELL NM 88202 DONALD B ANDERSON ROSWELL ARTIST-IN-RESIDENCE FOUNDATION INC 409 E COLLEGE BLVD ROSWELL NM 88201 5 RITTER INVESTMENTS LLC PO BOX 1836 ROSWELL NM 88202-1836 RITTER INVESTMENTS LLC 410 E COLLEGE BLVD ROSWELL NM 88201 1  EXHIBIT E: 24-009 ZOC– NOTIFICATION AREA ADDRESSES 6 PT PRODUCTIONS INC PAUL TAYLOR III PO BOX 344 ROSWELL NM 88202 PT PRODUCTIONS INC PAUL TAYLOR 602 E COLLEGE BLVD ROSWELL NM 88201 7 BURRITO EXPRESS INC OWNER OR MANAGER 211 E COLLEGE BLVD ROSWELL NM 88201 8 NEW MEXICO MILITARY INSTITUTE KENT TAYLOR DIR OF FACILITIES 101 W COLLEGE BLVD ROSWELL NM 88201 2  APPENDIX F 24-009 ZOC: PRELIMINARY SITE PLAN FOR PROPOSED DOLLAR GENERAL CITY, STATE - STREET: PRELIMINARY SITE PLAN ROSWELL, NM PROTOTYPE: E PLUS DEVELOPER DESIGNER DATE: BLDG/SALES SF: 10,542 / 8,496 COMPANY: OVERLAND GROUP, LLC COMPANY: OVERLAND ENGINEERING, LLC 9/07/23 ACREAGE: ±2.00 NAME: SID AULTMAN NAME: ERIC OBERDORF PARKING SPACES: 35 PHONE #: 205-995-2990 PHONE #: 417-256-8150 PARKING SPACES REQUIRED BY CODE: 1/200 sf NFA = 43 PARKING VARIANCE REQUIRED CONCRETE AREA: 21,730 SF SIDEWALK AREA: 3,990 SF DRIVEWAY APRON: 1,220 SF RETAINING WALL: 0 LF PRIVACY FENCE: 0 LF PARKING OVER 35 SP: 0 SF ASPHALT AREA: 0 SF PROPOSED N. GRAND AVE. DOLLAR GENERAL STORE 140' x 76' 10,640 SF Prototype E PLUS AD With Vestibule RO HVAC On Roof RA IL E. COLLEGE BLVD. SCALE = NTS © 2023 Overland Engineering, LLC.  ABSTRACT FOR AGENDA ITEM G.1 City of Roswell Planning & Zoning Commission P&Z Commission Officer Election Planning & Zoning Commission Abstract Tuesday, April 23, 2024 Roswell Development Services Conference Room 500 N Main Street, Suite 100 ACTION REQUESTED: Planning and Zoning Commission vote on Commissioner Officer Positions: Chair, Vice Chair, and Secretary. BACKGROUND: Prepared by: Merideth Hildreth, AICP, Planning & Zoning Administrator. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. REVIEW: Commission may vote to elect officers. BOARD OR COMMITTEE ACTION: Request Planning & Zoning Commission discuss, and consider electing new officers for Chair, Vice Chair, and Secretary. STAFF RECOMMENDATION: Staff recommends Planning & Zoning Commission consider this request, make a motion and vote on officer positions necessary to conduct business.