CITY OF CARLSBAD CARLSBAD, NEW MEXICO PLANNING AND ZONING COMMISSION

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1 1 CTY OF CARLSBAD CARLSBAD, NEW MEXCO PLANNNG AND ZONNG COMMSSON Monday, July 2, 218 at 5: PM Municipal Annex 114 S. Halagueno Street Planning Room 1. Roll call of voting members and determination of quorum. 2. Approval of Agenda. 3. Approval of Minutes from the Meeting held June 4, Consider recommendation to Council for an Annexation of approximately 5.17 acres located south of 912 Standpipe Rd. 5. Consider recommendation to Council for an Application of R-R Rural Residential Zoning for approximately 5.17 acres located south of 912 Standpipe Rd. 6. Consider approval or denial of a Conditional Use Permit for a Communications Tower to be located at 112 W. Pierce St. 7. Consider recommendation to Council for a Temporary Use Permit for Temporary Housing to be located at 3815 National Parks Highway. 8. Consider recommendation to Council for a Temporary Use Permit for Temporary Housing to be located at 6 Kircher St. 9. Consider recommendation to Council for Temporary Use Permit for Temporary Housing to be located at 712 Kircher St. 1. Consider approval or denial for a Variance request to reduce the required side-yard setback from 1 to 1 at 81 N. Edward St., zoned R-1 Residential 1 District. 11. Consider approval or denial for a Variance request to reduce the required side-yard setback from 1 to at 1612 Westridge Rd., zoned R-1 Residential 1 District. 12. Consider recommendation to Council for a Zone Change request for approximately.17 acres, located at 113 S. Guadalupe St., C-2 Commercial 2 District to R-2 Residential 2 District. 13. Consider recommendation to Council for a Zone Change request for approximately acres, located at 321 San Jose Blvd., R-1 Residential 1 District to C-2 Commercial 2 District. 14. Consider recommendation to Council for a Zone Change request for approximately 1.3 acres, located at 217 San Jose Blvd., R-R Rural Residential District to C-2 Commercial 2 District. 15. Report regarding Summary Review Subdivisions. 1

2 2 16. Adjourn. FOR NFORMATON ONLY Agendas and Planning and Zoning Commission meeting minutes are available on the City web site: cityofcarlsbadnm.com or may be viewed in the Office of the City Clerk or at the Carlsbad Public Library during normal and regular business hours PLANNNG AND ZONNG COMMSSON MEETNG SCHEDULE Regular meeting Monday, August 6, 218 at 5: p.m. f you require hearing interpreter, language interpreters or auxiliary aids in order to attend and participate in the above meeting, please contact the City Administrator s office at (575) at least 48 hours prior to the scheduled meeting time. 2

3 3 Agenda tem #1: Roll Call of Voting Members and determination of Quorum 3

4 4 Agenda tem #2: Approval of Agenda 4

5 5 Agenda tem #3: Approval of Minutes from Previous Meeting 5

6 6 MNUTES OF THE REGULAR MEETNG OF THE City of Carlsbad Planning & Zoning Commission Monday, June 4, 218, at 5: p.m. Meeting Held in the Annex Planning Room 114 S. Halagueno 6

7 7 CTY OF CARLSBAD CARLSBAD, NEW MEXCO Monday, June 4, 218 at 5: PM Municipal Annex 114 S. Halagueno Street Planning Room 1. Roll call of voting members and determination of quorum. 2. Approval of Agenda. 3. Approval of Minutes from the Meeting held May 7, Consider recommendation for an Annexation located east of Martin Farms Subdivision. 5. Consider recommendation for Application of Zoning east of Martin Farms Subdivision. 6. Consider recommendation for Temporary Use at 91 Del Rio Street. 7. Consider an approval of a Vacation Request of a segment of dedicated right-ofway. 8. Consider recommendation for Temporary Use at 4212 Standpipe Road. 9. Consider recommendation for a Zone Change at 2115 San Jose Blvd. 1. Consider recommendation for a Zone Change at 371 San Jose Blvd. 11. Consider recommendation for a Zone Change at 513 Del Rio Street. 12. Consider recommendation for a Zone Change at 59 Del Rio Street. 13. Vote to appoint a Planning & Zoning Commission Chairperson for the coming fiscal year. 14. Report regarding Summary Review Subdivisions. 15. Adjourn. f you require hearing interpreter, language interpreters or auxiliary aids in order to attend and participate in the above meeting, please contact the City Administrator s office at (575) at least 48 hours prior to the scheduled meeting time. CTY OF CARLSBAD CARLSBAD, NEW MEXCO 7

8 8 MNUTES OF A REGULAR MEETNG OF THE CTY OF CARLSBAD PLANNNG & ZONNG COMMSSON HELD N THE MUNCPAL ANNEX PLANNNG ROOM, 114 S. HALAGUENO STREET, JUNE 4, 218, AT 5: P.M. VOTNG MEMBERS PRESENT: JAMES KNOTT JAMES MCCORMCK LASON BARNEY BRGDO GARCA BRAD NESSER VOTNG MEMBERS ABSENT: EX-OFFCO MEMBERS PRESENT: JEFF PATTERSON SECRETARY PRESENT: JENNFER CAMPOS OTHERS PRESENT: GEORGE DUNAGAN RAMONA VLLA MR. KURMSK MRS. KURMSK RALPH MCNVALE RAGESHBHA SHAH WLLAM WALKER WLLAM CARR BARAQUEL ALMUNA DAVD CHURCH AMANDA MASHAW KELLY SANDERS RON SANDERS GEORGE DUNAGAN OFFCER C. GARCA CHARPERSON COMMSSON SECRETARY COMMSSONER COMMSSONER COMMSSONER NONE PLANNNG DRECTOR PLANNNG AND REGULATON DEPARTMENT EXECUTVE SECRETARY 212 W. STEVENS 11 CENTER 2621 SOCORRO 2621 SOCORRO 22 PALMER 2428 W. TEXAS 41 WALKER FARM 615 W. CHAPMAN 71 W. CHAPMAN 188 E LOMAS 212 W. STEVENS 293 PECOS HWY 39 JOHN WESLEY HARDN 212 W. STEVENS 11 N. HALAGUENO Time Stamps and headings below correspond to recording of meeting and the recording is hereby made a part of the official record. Due to technical difficulties there is not a recording to accompany the minutes. :: Start Recording [5:2:18 PM] ::3 1. Roll call of Voting Members and Determination of Quorum. Roll was called, confirming the presence of a quorum of commission members. The following members were present Mr. Garcia, Mr. Barney, Mr. McCormick, Mr. Knott, Mr. Nesser; Absent None. 8

9 9 ::16 2. Approval of Agenda. Mr. McCormick made a motion to approve the Agenda; Mr. Barney seconded the motion. The vote was as follows: Yes Mr. Garcia, Mr. Barney, Mr. Knott, Mr. McCormick, Mr. Nesser; No None; Abstained None; Absent None. The motion carried. ::45 3. Approval of Minutes from Meeting held May 7, 218. Mr. Nesser made a motion to approve the Minutes; Mr. McCormick seconded the motion. The vote was as follows: Yes Mr. Garcia, Mr. Barney, Mr. Knott, Mr. McCormick, Mr. Nesser; No None; Abstained None; Absent None. The motion carried. :1:32 4. Consider recommendation for an Annexation located east of Martin Farms Subdivision. Mr. Patterson explained this applicant is requesting for Annexation of approximately acres located north of Farmview Subdivision. Planning Staff has recommended approval based on the following findings that you will see on page 11 & 12 of your packet. The proposed property is contiguous to the City boundary and the applicant has provided the annexation plat. Mr. Church said he s the Engineer for this property, he s done this many times and he would like for the board to accept this request. Mr. Sanders said he lives at the end of the cul de sac on John Wesley Hardin where would they be putting the roads there. Mr. Church said they have not actually done the Blocks and Lot to know exactly where the roads would be. Mr. Nesser made a motion to recommend for an Annexation, and Mr. Garcia seconded the motion. The vote was as follows: Yes Mr. Garcia, Mr. Barney, Mr. Knott, Mr. McCormick, Mr. Nesser; No None; Abstained None; Absent None. The motion carried. :9:29 5. Consider recommendation for Application of Zoning east of Martin Farms Subdivision. Mr. Patterson explained that they want to change the Zoning, corresponding with the Annexation that was just recommended. Planning staff recommends approval. Mr. Church said he would like for the board to recommend approval to this request. They will have sidewalks, roll over curbs. There was no public comment. Mr. Barney made a motion to recommend approval of the Zone Change, which Mr. Garcia seconded. The vote was as follows: Yes Mr. Garcia, Mr. Barney, Mr. Knott, Mr. McCormick, Mr. Nesser; No None; Abstained None; Absent None. The motion carried. :18:24 7. Consider an approval of a Vacation Request of a segment of dedicated rightof-way. Mr. Patterson explained the applicant is requesting for Vacation of the unnamed ROW west of Lot 1, Hagerman Acres, and Unit 2. This vacation may benefit the City in that it will relieve the City of liability associated with the property. The City has not paved or utilized the right-of-way for vehicular traffic 9

10 1 since it was platted. Planning staff recommends approval. Mr. Carr said himself and his neighbor are willing to share the lot an anyway to benefit the both of them. They are in agreement with each other. Mr. Almuina said he s all for it with Mr. Carr and agrees with anything they have to do. Mr. Dunagan made a suggestion about the utilities that goes along there when he developed the land years ago. Mr. Carr and Mr. Almuina both agreed they would leave room for any utilities to come in and work on the property. Mr. Garcia made a motion to recommend approval of a Vacation, and Mr. McCormick seconded the motion. The vote was as follows: Yes Mr. Garcia, Mr. Barney, Mr. Knott, Mr. McCormick, Mr. Nesser; No None; Abstained None; Absent None. The motion carried. :35:15 9. Consider recommendation for a Zone Change at 2115 San Jose Blvd. Mr. Patterson explained this is a request for Zone Change from R-R Rural Residential to C-2 Commercial District at 2115 San Jose Blvd. Planning staff recommends approval with one condition: The applicant shall provide a property plat prior to the public hearing at Council showing a valid legal description of the property being proposed for a zoning change. Mr. Sanders said he would like for the board to recommend this approval, he would like to move closer into town. There was no public comment. Mr. Barney made a motion to approve the Zone Change. Mr. Garcia seconded the motion. The vote was as follows: Yes Mr. Garcia, Mr. Barney, Mr. Knott, Mr. McCormick, Mr. Nesser; No None; Abstained None; Absent None. The motion carried. :4:5 1. Consider recommendation for a Zone Change at 371 San Jose Blvd. Mr. Patterson explained this is a request for Zone Change from R-R Rural Residential to C-2 Commercial District at 371 San Jose Blvd. Planning staff recommends approval with one condition: The applicant shall provide a property plat prior to the public hearing at Council showing a valid legal description of the property being proposed for a zoning change. There was no public comment. Mr. McCormick made a motion to approve the Zone Change, and Mr. Nesser seconded that motion. The vote was as follows: Yes Garcia, Mr. Barney, Mr. Knott, Mr. McCormick, Mr. Nesser; No None; Abstained None; Absent None. The motion carried. :44: Consider recommendation for a Zone Change at 513 Del Rio Street. Mr. Patterson explained this is a request for Zone Change from R-2 Residential District to C-2 Commercial District at 513 Del Rio Street for Lot 2. This parcel is south of the property as you look on your packet on page 18. Planning staff recommends approval based on the review. Mr. Mcnvale said he would like for the board to recommend approval for this request. There was no public comment. Mr. Nesser made a motion to approve the Zone Change, and Mr. Barney seconded that motion. The vote was as follows: Yes Garcia, Mr. Barney, Mr. Knott, Mr. McCormick, Mr. Nesser; No None; Abstained None; Absent None. The motion carried. :49: Consider recommendation for a Zone Change at 59 Del Rio Street. 1

11 11 Mr. Patterson explained this is a request for Zone Change from R-2 Residential District to C-2 Commercial District at 59 Del Rio Street for Lot 1. This parcel is north of the property as you look on your packet on page 18. This is a continuant to item #12; planning staff recommends approval based on the review. Mr. Mcnvale said he would like for the board to recommend approval for this request. There was no public comment. Mr. McCormick made a motion to approve the Zone Change, and Mr. Barney seconded that motion. The vote was as follows: Yes Garcia, Mr. Barney, Mr. Knott, Mr. McCormick, Mr. Nesser; No None; Abstained None; Absent None. The motion carried. :51: Vote to appoint a Planning & Zoning Commission Chairperson for the coming fiscal year. Mr. Patterson read the votes and Mr. Knott is the Chairperson for the coming fiscal year. :56: Report regarding Summary Review Subdivisions. There was brief discussion regarding some of the plats in the report. 1::5 15. Adjourn. There being no further business, the meeting was adjourned. 1::15 Stop Recording [6:2:32 PM] Chairman Date 11

12 DEPARTMENT: Planning, Engineering & Regulation CTY OF CARLSBAD AGENDA BREFNG MEMORANDUM PLANNNG AND ZONNG COMMSSON Meeting Date: 7/2/218 BY: Jeff Patterson, DATE: 6/19/218 Planning Director SUBJECT: Annexation of approximately 5.17 acres lying between the current corporate boundary and the new southerly line of Tract 1A, created by the Brian Stevens Line Adjustment Plat, located east of Standpipe Rd. and south of Lea St., pursuant to the petition method as provided for in Section et. Seq. NMSA Applicant/Owner: Brian Stevens 36 N. Canal St. Carlsbad, NM *The applicant provided the required notification to property owners within 1 and agreed to post the required sign 5-days prior to the public hearing as required by Sec (i). The City will notify the property owners 15-days prior to the City Council hearing and publish notification in the newspaper 3-days prior to said hearing. SYNOPSS, HSTORY AND MPACT (SAFETY AND WELFARE/FNANCAL/PERSONNEL/NFRASTRUCTURE/ETC.): The applicant has submitted a petition for annexation of approximately 5.17 acres lying between the current corporate boundary and the new southerly line of Tract 1A, created by the Brian Stevens Line Adjustment Plat, located east of Standpipe Rd. and south of Lea St. pursuant to Section et. Seq. NMSA 1978 and more specifically, Section , which states: Annexation; petition by owners of contiguous territory; duty of governing body; ordinance; appeal. A. Except as provided in Sections and NMSA 1978, whenever a petition: (1) seeks the annexation of territory contiguous to a municipality; (2) is signed by the owners of a majority of the number of acres in the contiguous territory; (3) is accompanied by a map that shows the external boundary of the territory proposed to be annexed and the relationship of the territory proposed to be annexed to the existing boundary of the municipality; and (4) is presented to the governing body, the governing body shall by ordinance express its consent or rejection to the annexation of such contiguous territory. B. f the ordinance consents to the annexation of the contiguous territory, a copy of the ordinance, with a copy of the plat of the territory so annexed, shall be filed in the office of the county clerk. After the filing, the contiguous territory is part of the municipality. The clerk of the municipality shall also send copies of the ordinance annexing the territory and of the plat of the territory so annexed to the secretary of finance and administration and to the secretary of taxation and revenue. C. Within thirty days after the filing of the copy of the ordinance in the office of the county clerk, any person owning land within the territory annexed to the municipality may appeal to the district court questioning the validity of the annexation proceedings. f no appeal to the district court is filed within thirty days after the filing of the ordinance in the office of the county clerk or if the court renders judgment in favor of the municipality, the annexation shall be deemed complete. History: 1953 Comp., , enacted by Laws 1965, ch. 3; 1981, ch. 24, 9; 1998, ch. 42, 1. The proposed property is contiguous to the City boundary and the applicant has provided the annexation plat. PLANNNG STAFF RECOMMENDATON: Based on review of the application and staff comments, planning staff recommends approval of this request based on the following findings: 1. The proposed amendment will not adversely impact the public health, safety or general welfare and will not promote the original purposes of the Zoning Ordinance; and 12

13 2. The proposed amendment does respond to changed conditions, such as changes in public capital investments, road locations or functional classification, population trends, density, use or further studies that have been completed since adoption of the Zoning Ordinance; and 3. The proposed amendment is not necessary in order to respond to State and/or Federal legislation; and 4. The proposed amendment does provide additional flexibility in meeting the objectives of this Zoning Ordinance without lowering the standards of the Zoning Ordinance; and 5. The proposed amendment is in substantial compliance with the City's Comprehensive Plan or other City Master Plan; and 6. The proposed amendment will not adversely affect the implementation of the goals and policies of the City's Comprehensive Plan or other City Master Plan; and 7. The proposed amendment is not justified in order to correct a mistake in the Official Zoning Map or the text of the Zoning Ordinance; and 8. The proposed amendment is not justified in order to respond to changes in the City s Comprehensive Plan or other City Master Plan including, but not limited to, changes in land use assumptions, surrounding uses, population forecasts, rates of land consumption, anticipated community needs or other factors. DEPARTMENT RECOMMENDATON (please check): Approval Denial n/a Approval Denial n/a Public Works X Planning, Eng. & Reg. Dept.: Fire Department X Code Enforcement Division X Legal Department X Engineering Division X Police Department X Planning Division X Utilities Department X Building & Regulation Division X Culture & Rec. Dept. X Carlsbad rrigation District X DEPARTMENT COMMENTS: Public Works: No comments. Utilities Department: Approved; Reviewed application. No comments or questions. Building Department: No comments. Fire Department: No comments. Code Enforcement: No comments. Legal Department: No comments. Planning Department: Recommend approval. Police Department: Approved; Reviewed application. No comments or questions. Culture & Rec. Dept.: No comments. Engineering Services: No comments. Carlsbad rrigation District: City Administration: No comments. ATTACHMENTS: Application materials, Ordinance, annexation plat

14 14 ORDNANCE NO AN ORDNANCE ANNEXNG A PORTON OF LAND CONTANNG +/ ACRES MORE OR LESS, CONTGUOUS TO THE CTY OF CARLSBAD, NEW MEXCO, LOCATED AT 912 STANDPPE ROAD, LEGALLY DESCRBED AS LYNG BETWEEN THE CURRENT CORPORATE BOUNDARY AND THE NEW SOUTHERLY LNE OF TRACT 1A, CREATED BY THE BRAN STEVENS LNE ADJUSTMENT PLAT, PURSUANT TO THE PETTON METHOD PROVDED FOR N SECTON ET. SEQ., NMSA WHEREAS, a petition for annexation of territory contiguous to the City of Carlsbad has been presented to the Governing Body of the City of Carlsbad; and WHEREAS, said petition is accompanied by a map showing the external boundary of the territory proposed to be annexed and its relationship to the existing boundary of the City of Carlsbad, New Mexico. NOW THEREFORE, BE T ORDANED BY THE GOVERNNG BODY OF THE CTY OF CARLSBAD, NEW MEXCO: Section 1. Subject to the proviso contained in Section 2 hereof, the City of Carlsbad hereby consents to the annexation of 5.17 acres, more or less, of contiguous territory situated in Eddy County, New Mexico, located at 912 Standpipe Rd., legally described as follows: LYNG BETWEEN THE CURRENT CORPORATE BOUNDARY AND THE NEW SOUTHERLY LNE OF TRACT 1A, CREATED BY THE BRAN STEVENS LNE ADJUSTMENT PLAT Section 2. A copy of this ordinance and the plat of said property shall be filed in the office of the County Clerk of Eddy County. After such filing, the property shall be included in and be a part of the City of Carlsbad. Appeal may be made by any person owning land within this said territory to the District Court of Eddy County within thirty (3) days on the grounds and in the manner provided by law. NTRODUCED, PASSED, ADOPTED, AND APPROVED THS 14TH DAY OF AUGUST, 218. DALE JANWAY, MAYOR ATTEST: CTY CLERK 14

15 15 BRAN STEVENS ANNEXATON PLAT LOT 19 :e-. El(i;l l t ~;~ WELSH be S LOT 2 fi)l Cll ' -----L ~ ' J BDVSO' LEA STREET ~~ c,\ '~ LOT3 LOT 5 LOT7 Vi LOT N 111/lfl/11 g; N "' ~LOT 11 ;, () "' () 1 () w 1111~1111 ~ <(LOT LOT LOT ~::~.,!il ~ > ~- iii ~ g "' ~! ~- 'l: > ~ "' ""!=:i ~ Vl( TRACT A! \ \ \ \ \.,.. \ ~~ Q ~ ~ 'Z AN ANNEXATON OF THAT PORTON OF TRACT A, LYNG BETWEEN THE CURRENT CORPORATE BOUNDARY AND THE NEW SOUTHERLY LNE OF TRACT A, AS CREATED BY THE BRAN STEVENS LNE ADJUSTMENT PLAT, N WHCH ±5.17 ACRES ARE BENG ADDED TO THE CTY OF CARLSBAD, AND DESCRBED AS FOLLOWS: BEGNNNG AT THE NTERSECTON OF THE SOUTH LNE OF THE WEST RGHT -OF-WAY OF STANDPPE ROAD AND THE SOUTH LNE OF BRAN STEVENS LAND DVSON; THEN S88.24' 43"[, ALONG THE SOUTH LNE OF BRAN STEVENS LAND DVSON, FOR FEET; THEN SOZ 12' 15 "E, FOR FEET, TO A PROJECTON OF THE SOUTH LNE, OF TRACT 1 A, BRAN STEVENS LNE ADJUSTMENT; THEN N89.13'7"W, ALONG THE SOUTH LNE OF SAD TRACT 1 A, FOR FEET, TO THE WEST RGHT - OF -WAY OF STANDPPE ROAD; THEN Noo 12'"E, ALONG THE WEST RGHT - OF- WAY, FOR 316. FEET, BACK TO THE PONT OF BEGNNNG. CONTANNG ±5.1 7 ACRES MORE OR LESS. fzl n. ~ (t) - N... N N LECENJ CORNER FOUND AS NOTED. SET #4 REBAR, CAP 2251 SECTON + CORNER CORPORATE BOUNDARY ///// DRANAGE DTCH ~ 8 LAND UN ANNEXAT ON ORDNANCE NUMBER.L ADOPTED AND APPROVAL BY: criy.p..annng COMMmiON THS S TO CERTFY THAT THS ANNEXATON PLAT HAS BEEN APPROVED BY THE CTY PLANNNG COMMSSON OF THE CTY OF CARLSBAD, COUNTY OF EDDY, STATE OF NEW MEXCO, DURNG A REGULARL Y SCHEDULED MEETNG HELD ON THS DAY OF, 2. CHARMAN SECRETARY 1HB CliY OF CARl.S&D THS S TO CERTFY THAT THS ANNEXATON PLAT HAS BEEN APPROVED BY THE CTY PLANNNG COMMSSON OF THE CTY OF CARLSBAD, COUNTY OF EDDY, STATE OF NEW MEXCO, DURNG A REGULARLY SCHEDULED MEETNG HELD ON THS DA Y OF, 2. MA YOR CTY CLERK BLOCK HOOSE ACRES OWNERS STATEMENT AND AFFDAV T STATE OF JV-w) JN. el? : ss COUNTY OF E;'~ : THE ABOVE SGNED lng FRST DULY SWORN ON OATH, STATE: AS THE OWNERS AND PROPRETORS Wf HA'v OF OUR OWN FREE WLL AND CONSENT CAUSED THS PLA T WTH TS ANNEXATON TO BE PLATTED. THE PROPERTY DESCRBED ON THS PLAT LES WTHN THE PLATTNG JURSDCTON OF: EDDY COUNTY CTY Of CARLSBAD AND CARLSBAD PLATTNG AND PLANNNG AREA SUBSCRBED, SWORN TO AND ACKNOWLEDGED BEFORE ME THS~ DA Y of A prv\, 2~ R&R SURVEYNG LLC A LAND SURVEYNG COMPANY SERVNG CARLSBAD AREA FOR 2+ YEARS NDEXNG NFORMATON FOR COUNTY CLERK SECTON 11 & 12 T22S R26E N. M.P. M. SUBDVSON :BRAN STEVENS ANNEXATON PLAT OWNER : BRTAN STEVENS CTY : CARLSBAD COUNTY : EDDY STATE: NEW MEXCO DATE: MARCH 15, 218, MELVN R. PYEATT, JR., A NEW MEXCO REGSTERED PROFESSONAL SURVEYOR, CER TFY THAT AM RESPONSBLE FOR THS SUR'vEY. AND THAT THS SURVEY S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELEF. THS SUR'v Y AND PLAT MEET THE MNMUM STANDARDS FOR SURVEYNG N NEW MEXCO. STATE OF NEW MEXCO, COUNTY OF EDDY, HERE BY CERTFY THAT THS NSTRUMENT WAS FLED FOR RECORD ON MELVN R. PYEATT, JR., 423 W. GREENE ST. SUTE 1, CARLSBAD, N.M., 8822, C R T/FCA TE NO , TEL , FAX

16 ~ 16 BRAN STEVENS LNE ADJUSTMENT LEA STREET A DVSON OF LAND DESCRBED N BOOK 78, PAGE 262, OF THE EDDY COUNTY RECORDS, WHCH S LOCATED N THE NWl/4 OF SECTON 12, TOWNSHP 22 SOUTH, RANGE 26 EAST, N.M.P.M., EDDY COUNTY, NEW MEXCO, N WHCH THE LAND DVSON HAS AN OUTSDE PERMETER DESCRPTON AS DESCRBED AS FOLLOWS:... """"" ""' 13E.GNNNG A 1\-\E. N\N CORNE.R OF SE.CON 2, 1\NNS\-\\P 22 SO\..l\1-\, RANGE. 26 E.AS, N.M.P.M., E.DD'Y CO\JN'Y, NE.\N ME.X\CO, 1\-\E.N S43' 55' 59"E. FOR 42.5 FE. E.\; 1\-\E.N S88' 24' 5"E. FOR 66. FE. E.\, 1\-\E.N SOO' 2' 54"\N FOR 444. FE. E.\, 1 1\-\E. R\JE. PO N\ OF 13E.GNNNG, 1\-\E.N SOO' 32' 49"E. FOR 222. FE. E.\ ; 1\-\E.N S88' 2' 7"E. FOR 29. FE. E.\; 1\-\E.N S'7'2"E. FOR 21. FE.E.\, 1\-\E.N S88'27'43"E. FOR 5. FE.E.; 1\-\E.N S'56'25"E. FOR FE.E.; 1\-\E.N N88'24' 33"\N FOR FE.E., 1 1\-\E. E.AS\ Rj\N OF Sl ANDPPE. ROAD, 1\-\E.N NOO' 2' ()()"E., AlONG 1\-\E. \NE.S\ Rj\N OF SANDPPE. ROAD, FOR 57.7 FE. E.\; 1\-\E.N S88' 8' OO"E. FOR 66. FE. E.\, BACK 1 1\-\E. PO N\ OF 13E.G\NNNG. CONAN\NG ±22.31 ACRE.S MORE. OR le.ss. LOT J LOT~ c)'"~~ ~~+~ " ~ - ~!:) ~ - ~ ~i ~ ~ ~ 11 ~ i ;., > <xi ~ TRACT 1A ±15.6 ACRES """" SlEVENS, 111./N' N - N 8-1>. LECEN.D CORNER FOUND AS NOT SfT /14 REBAR, CAP 2251 SECTON + CORNER LN BENG ADJUST CORPORATE: BOUNDARY ORA/NAG DTCH LAND LN APPROVAL BY THE CTY PLANNNG CO.M.MSSON THS S TO CERTFY THAT THS PLAT HAS BEEN NSPECTED APPROVED BY THE PLANNNG COMMSSON, OR TS DESGNEE, OF THE CTY OF CARLSBAD, COUN TY OF EDDY, STATE OF NEW MEXCO ON THS r;"l:b DAY OF 4lt«L, 2_1 C~S~NEE &-; J.~ k- ~.-a;::;;.;;;;~-..,.-:::.---- BRAN STE:VE:NS OWNERS STATEMENT AND AFFDAVT TRAC 2A BLOCK L.c.. i HOOSE ACR~ NOTES AND OBSERVATONS: J j 1. WATER, SEWER, AND ELECTRC ARE N THE STREET AT THE FRONT OF THE PROPERTY. 2. THERE ARE NO SDEWALKS OR CURB AND GUTTER, AND THERE S ASPHALT N THE ROADWAYS. 3. BULDNG SETBACKS ARE AS PER CTY OF CARLSBAD REQUREMENTS: 4. THE SUBJECT PROPERTY LES N THE CTY LMTS OF CARLSBAD AND N EDDY COUNTY AS SHOWN. 5. LOTS SZES ARE: 1 LOT-±16.46 ACRES 1 LOT-±5.85 ACRES \ THS PLAT S EXEMPT FROM THE STATE SUBDV SON ACT, AND THE COUNTY SUBDVSON ORDNANCE, UNDER M (7) DEF NTONS: THE DVSON OF LAND lles ULTNG ONLY N THE ALTEilATON OF PARCEL BOUNDARES, AND THE NUMBER OF PARCELS S NOT lncreased. ENTTLEMENT OF EXEMPTON FL ON THS DAY OF ~ 2_ A.D. N BOOK_~ PAGE. OF THE EDDY COUNTY RECORDS APPROVED AND ACCEPT BY THE fddy COUNTY BOARD OF COMMSSONERS OF THER DES/GNA T AGENT ON THS DAY OF ~ 2 A.D. B~----~~----~ AGE:NT AT~S~-~~~~---~ COUNTY CLE:RK STAT OF ~ yy y rc" : ss COUNTY OF Cet d ~ : THE ABOVE: S/GN BEN~FRST DULY SWORN ON OATH, STAT : AS THE OWNERS AND PROPRETORS WE HAVE: OF OUR Ol'r!\l FR[ WLL AND CONSENT CAUS THS PLAT WTH TS TRACTS TO BE PLA TTE:D. THE PROPERTY DESCRB ON THS PLAT LES WTHN THE PLA TnNG JURSDCTON OF: fddy COUNTY C/TY Of CARLSBAD AND CARLSBAD PLAmNG AND PLANNNG AREA SUBSCRB, SWORN TO AND ACKNOWLEDGED BEFORE M THS 2;ZtJ y OF< fe.lou eq. 2_lE_. BY J?;, a. +a... c5--t1'~ ~ J>o~ Covoo~ NOTARY PUBLC ' uf'r o15/o'1/ ;:zo;;u R&R SURVEYNG LLC A LAND SURVEYNG COMPANY SERVTNG CARLSBAD AREA FOR 2+ YEARS NDEXNG NFORMATON FOR COUNTY CLERK SECTON 12 T22S R26E N. M. P. M. SUBDVSON BRAN STEVENS LlNE All TUSTMENT OWNER BRAN STEVENS CTY : CARLSBAD COUNTY EDDY STATE: NEW MEXCO DATE: JANUARY 2, 2 18 ACCESS: YES AREA _ ACRF.S 6. THE SUBJECT PROPERTY LES N FLOOD PLANE "A ", WHERE DEPTHS ARE DETERMNED BY FEMA N THE FLOOD NSURANCE BASE FLOOD STUDY TO ACCOMPANY THE FRM 3515C145 D, WTH AN EFFECTVE DATE OF JUNE 4, 21., MEL VfN R. PYEATT, JR., A NEW MEXCO REGSTE:R PROFESSONAL SURVEYOR, CERTFY THAT AM RESPONSBLE FOR THS SURVEY, AND BASS OF BEARNGS AND DSTANCES: 1. BEARNGS SHOWN HEREON ARE REFERENCED TO THE NORTH AMERCAN DATUM OF 1983 (NAD 83), NEW MEXCO EAST ZONE (NM ZONE 31). THAT THS SURVEY S TRUE AND CORRECT TO THE BEST OF MY KNOWLfDG AND BWEF. THS SURVEY AND PLAT MEET THE MNMUM STANDARDS FOR SURVEYNG N NEW MEXCO. STAT OF NEW MEXCO, COUNTY OF EDDY, HERE BY CERTFY THAT THS NSTRUMENT WAS FL FOR RECORD ON 2. AREAS AND DSTANCES ARE SURFACE MEASUREMENTS. THE DSTANCES ARE MEASURED N THE US SURVEY FOOT AND DSTANCES ARE SURFACE DSTANCES. 3. ALL MEASUREMENTS WERE MADE ON JANUARY 11, 218. MELVN R. PYEATT, JR., 423 W. GREEN ST. SUTE: 1, CARLSBAD, N.M., B822, CERTFCATE: NO. 2251, TE:LE , FAX Y: JJo.NUJo.RY 218 SANTOSR SANTOSR \G 16

17 . 17 Application Date: 5-2 i -2 l i PETTON FOR ANNEXATON (SEE NMSA, 1978, FOR PETTON REQUREMEN1S) MAY ~, r. Y'"1"' S? :.. ~.~:--,-.,, ~~ _...,_ Fee Paid:-:(fil"l fey L $-so~ /We, the undersigned owners of the following described real estate, do by our signature, hereby present the City of Carlsbad with this petition for Annexation under Article 7, Section 3-17 et. seq. NMSA 1978, which regulates the annexation ofland. As the property owner(s), /we understand that all required information must be provided in accordance with these regulations. n addition, /we understand that the construction or upgrade of public infrastructure may be required as a condition of approval. n this case, a Development Agreement or an Assessment District may be required by the City. As the applicant, /we may be required to provide a financial guarantee for the construction of said improvements. The financial guarantee and timeline for completion are subject to approval by the City. NAME OF PROPERTY OWNER ACREAGE NAME OF PROPERTY \V'NER ACREAGE ADDRESS ADDRESS 8911 CTTY STATE ZP crry STATE zrr,) lb -'-;c.a.- ~L q 'b ~v ;c._ <a 6J 2o,lf:cJL PHONE El\AL PHONE Etvli\lL ~~~~~~~::~~~====--- SGNATURE DATE SGNATURE DATE Legal description of property being annexed (attach copy of Annexation Plat): Total acreage: '12> \ l Current Zoning: Proposed Zoning: t.- ~ (Please attach a completed Zoning Change application, a separate fee may be required) 17

18 r ~ Receipt Date Stamp L J 18 CTY OF CARLSBAD Planning, Engineering, and Regulation Department 114 S. Halagueno (PO Box 1569) Carlsbad, NM Phone (57 5) Fax (575) APPLCATON FOR ANNEXATON (SEE NMSA, 1978, FOR PETTON REQ_DREMENTS) PROCESS FOR ACCEPTANCE AND REVEW OF PLANNNG AND ZONNG COMMSSON MATTERS 1. The Planning and Zoning Commission's regularly scheduled meetings are on the FRST MONDAY OF THE MONTH. Applicant should obtain an Application Packet for the particular type of request (Zone Change, Subdivision, Variance, Annexation, Special Property Use, etc.) ftom the City of Carlsbad, Planning, Engineering, and Regulation Office. 2. With the exception of Summary Reviews, Applicant must submit a completed Application to the Planning, Engineering, and Regulation Office on, or before, the FRST FRDAY OF THE MONTH prior to the desired Commission meeting. (As per Section NMSA 1978 and Chapter 47 Code of Ordinances, Summary Reviews may be submitted at any time.) The minimum application packet submittal is one (1) copy Qf t_@ AP-P-lil;;atiQn. witb_ QD_gin.a.l ~ignatut!t~ ami a.u_ t!tqujj!td ~Ul212Qrting d.q~;;u.m!tn.ts. f de~ired.. a. letter of explanation or clarification may also be provided. The required non-refundable application fee is due with submittal of the application. The desired maximum size for all documents is 11 "x 17". However, if the applicant wishes to support his or her application with larger size documents, an original and fifteen (15) copies need to be provided. (For Summary Review-an original and three (3) copies are required.) Separate arrangements for copying these large documents may be possible, but will incur additional costs. 3. The Planning, Engineering, and Regulation Office will give the Application an initial cursory review. f deficiencies or questions are noted, the Applicant will be advised and provided an opportunity to supplement the Application. f the Applicant fails to complete and resubmit the application prior to the above deadline, the matter will not be heard until the next subsequent Commission meeting. The original application fee will be retained and will suffice for the specific original application for a period of four months from the date of the original application. 4. Applications appearing complete will be set for full evaluation by City Staff prior to the Commission meeting. The purpose of this evaluation is to develop and provide a full briefing report for the Commission. Applicants will be advised of deficiencies noted during this review and will be afforded opportunity to supplement their application during their presentation to the Commission, if they so desire. 9/'!2/214 18

19 Zoning Change Application Page5 19 of7 CTY OF CARLSBAD AFFDAVT BY PROPERTY OWNER(S) ============= == ===== == - ' F AN APPLCATON S MADE BY SOMEONE OTHER THAN THE PROPERTY OWNER THS FORM MUST ACCOl\fPANY THE APPLCATON MATERALS. APPLCATON TYPE: ~ZONNG CHANGE DCONDTONAL USE DV ARANCE DTEMPORARY USE STATE OF NEW MEXCO) } ss COUNTY OF EDDY ) (WE) HEREBY CERTFY that am (we are) the owners of record of the property described as follows: ADDRESS OF PROPERTY: 9.D() &+u""jp'r<- STREET ADDRESS LEGALDESSCRPTON: 2,niA"' Ste.va.""') Ani'\LJiui-;">1\ Pl+ 1i"c.cJ \A?.llAv. SUBDNSON BLOCK LOT OR TRACT (WE) HAVE AUTHORZED the following individuals to act as my (our) agent with regard to this application. AGENT: R)~~~r~t~~~~~;~~,~~~-=~ NAME 5o\ V C..onyoh (WE) UNDERSTAND, CONCUR AND AFFRM: 515-3o2-92Col PHONE That this application may be approved, approved with conditions or denied and that, as the property owner, it is my responsibility to ensure that any conditions are complied with and to ensure that the property is maintained in a condition so as not to jeopardize the health, safety or welfare of others and that compliance with all applicable City ordinances is required, and (WE) HEREBY EXECUTE THS AFFDAVT in support of the proposed application as presented: OWNER1: ;:.. PRNTED NAME (ADDTONAL OWNERS: ATTACH SEPARATE SHEETS AS NECESSARY) ACKNOWLEDGED, SUBSCRBED, AND SWORN to before me this J.3rd.. day of... ~-=-=>;F----' 2 1:8:_, by.&~ ~UA) Notary Public ~C@ k\p~l~ My commission expires: ~ JfQ {~ OFFCAL SEAL t: DEBB JO SKPWTH NOTARY J>lJBLC STATE OF N~W MEXCO My Commission Expires.5 fp ~Qq.Q 19

20 Zoning Change Application 2 Page 6 of7 NOTFCATON SGN POSTNG AGREEMENT Notification of Public Hearings before the City of Carlsbad Planning and Zoning Commission is required pursuant to Sec (i). Signs shall be posted a minimum of 5 days prior to and shall be removed a maximum of 5 days after the public hearing. f the sign is not posted as required, the application will be delayed and will not be considered at the public hearing as scheduled. The sign shall be posted at the street side property line with a secure stake provided by the appilcant. have read and understand these requirements. understand where the sign is to be located and my obligation to post the sign prior to the public hearing and remove it afterwards. APPLCANT SGNATURE DATE Sign issued by:-=--==-=---:: StaffMember Notification Agreement Rev. 1/11. - ' 1". ~

21 U.S. Postal Service'M CERTFED MAL RECEPT Domestic Mail Only U'J T1 CJ CJ ,.- ' U.S. Postal Service'M CERTFED MAL RECEPT Domestic Mail Only -- ~ 21 CJ ~~~~~~~~~~~~~--~~~~~--~ T1.:t"..D $ $fl flo Extra ervices & Fees (check box, add fee 18'~te) Rotum Receipt (hardcopy) $ ~ " o ~ CJ ORetum~(llleciJ>nlcl s,...1 CJ certj!ed Mall RasltiQ!ecl Delivery $. S Q CJ Adui!SignaturaRequlnld s so CJ AdUlt Signaturo RestJ1cted Delivery S CJ Postage $1) 5 '- $ ~ '*ro""ta"'""po""s"'ta~ge""'a"'"nd""'~,..,_ "',_ l $ =.. u s Postal Service... CERTFED MAL RECEPT Domestic Mail Only : 21

22 Zoning Change Application 22 Page 7 of7 Dear Property Owner, This letter serves as legal notification of a pending action before the City of Carlsbad Planning and Zoning Commission in accordance with Code of Ordinances Sec (i). You are being notified because you are a property owner within one-hundred feet (1') of the subject site. Applicant: ~)C4..-\ t,, "'~"- fi:y1 ;1} C\A~\fiJ'" Name Address Subject Site Location: ;],:,;2 -<ii G> 1_ Phone q~ol.:u=----=-s_,_t=ca:.:...:v'""'j+v-'-l' af-[ ~-=" " T9e proposed action is a:.d{i Zoning Change from Jv A to KP-. in accordance with Sec (b ). D Variance/ Appeal from Sec. in accordance with Sec. 56~15( c). The purpose of the variance/appeal is: D Conditional Use Permit in accordance with Sec (f). The purpose of the permit is for a: D Horne Occupation: D Other Use: The Planni g and Zoning Commission will consider this request at a Public Hearing on: Date: ~O/f3 Ti e: :OOpm Place: City Annex Planning Room 114 S. Halagueno St. Carlsbad, NM 8822 The Code of Ordinances can be found on the City's website For details about this request contact the applicant OR contact the City Planner at or via at jepatterson@cityofcarlsbadnm.com. Sincerely, Wi Applicant/ Agent 22

23 Annexation 912 Standpipe Rd. Parcel City Boundary Area to be Annexed W LEA ST STANDPPE RD , Feet 6/15/218

24 DEPARTMENT: Planning, Engineering & Regulation CTY OF CARLSBAD AGENDA BREFNG MEMORANDUM PLANNNG AND ZONNG COMMSSON Meeting Date: 7/2/218 BY: Jeff Patterson, Planning DATE: 6/19/218 Director SUBJECT: Request for application of R-R Rural Residential Zoning, corresponding with an Annexation Request for approximately 5.17 acres, legally described as a portion of Tract 1A, lying between the current corporate boundary and the new southerly line of Tract 1A, as created by the Brian Stevens Line Adjustment plat, as indicated on the attached property map, pursuant to Section et. Seq. NMSA 1978 and Sections 56-15(b) and 56-14(i), Carlsbad Code of Ordinances. Applicant/Owner: Brian Stevens 36 N. Canal St. Carlsbad, NM 8822 *The applicant provided the required notification to property owners within 1 and agreed to post the required sign 5-days prior to the public hearing as required by Sec (i). The City will notify the property owners 15-days prior to the City Council hearing and publish notification in the newspaper 3-days prior to said hearing. SYNOPSS, HSTORY AND MPACT (SAFETY AND WELFARE/FNANCAL/PERSONNEL/NFRASTRUCTURE/ETC.): Zoning application of soon to be annexed property to R-R Rural Residential District for a portion of Tract 1A, Brian Stevens Line Adjustment. This property is approximately 5.17 acres in size and lies south of the current corporate boundary and north of Tract 2, Brian Stevens Line Adjustment, on the east side of Standpipe Rd. The properties to the north are currently zoned R-R Rural Residential District. The properties to the south and west are zoned R-R Rural Residential District. As such, this zone change would not create a spot zone. Sec. 56-4(b) states: (a) Rural Residential (R-R) District. The Rural Residential District is intended to provide for areas that will accommodate agricultural, ranching, and natural resource uses and very low-density residential uses, until such time as other development is appropriate. Comprehensive Plan: Strategy 23 goals and policies that are applicable to this request are: Chapter 3: Land Use Goal 1: The City of Carlsbad will adopt policies to support the nfill/redevelopment Land Use Scenario. Goal 2: The City of Carlsbad will make efficient use of government resources through well-planned land use decisions. Goal 4: The City of Carlsbad will strive to create an aesthetically pleasing built environment. Goal 5: The City of Carlsbad will ensure that land use does not negatively impact the city s environmental resources. Chapter 4: Housing Goal 1: Carlsbad will continue to encourage the development and redevelopment of housing in appropriate locations and at appropriate densities in order to provide a range of housing choices that meets the needs of current and future Carlsbad residents. Goal 2: Carlsbad will ensure that local housing protects the health, safety, and welfare of residents and their neighbors

25 According to Zoning Ordinance Sec (b)(4). Amendments, Findings Required, a statement of fact regarding each of the following findings is required: An amendment to the Official Zoning Map or to the Text of this Zoning Ordinance must be justified by one or more of the following findings: (a) The proposed amendment will or will not adversely impact the public health, safety or general welfare and will or will not promote the original purposes of the Zoning Ordinance; and (b) The proposed amendment responds or does not respond to changed conditions, such as changes in public capital investments, road locations or functional classification, population trends, density, use or further studies that have been completed since adoption of the Zoning Ordinance; and (c) The proposed amendment is or is not necessary in order to respond to State and/or Federal legislation; and (d) The proposed amendment provides or does not provide additional flexibility in meeting the objectives of this Zoning Ordinance without lowering the standards of the Zoning Ordinance; and (e) The proposed amendment is or is not in substantial compliance with the City's Comprehensive Plan or other City Master Plan; and (f) The proposed amendment will or will not adversely affect the implementation of the goals and policies of the City's Comprehensive Plan or other City Master Plan; and (g) The proposed amendment is justified in order to correct a mistake in the Official Zoning Map or the text of the Zoning Ordinance; and (h) The proposed amendment is justified in order to respond to changes in the City s Comprehensive Plan or other City Master Plan including, but not limited to, changes in land use assumptions, surrounding uses, population forecasts, rates of land consumption, anticipated community needs or other factors. PLANNNG STAFF RECOMMENDATON: Based on review of the application and staff comments, planning staff recommends approval of this request based on the following findings: 1. The proposed amendment will not adversely impact the public health, safety or general welfare and will not promote the original purposes of the Zoning Ordinance; and 2. The proposed amendment does respond to changed conditions, such as changes in public capital investments, road locations or functional classification, population trends, density, use or further studies that have been completed since adoption of the Zoning Ordinance; and 3. The proposed amendment is not necessary in order to respond to State and/or Federal legislation; and 4. The proposed amendment does provide additional flexibility in meeting the objectives of this Zoning Ordinance without lowering the standards of the Zoning Ordinance; and 5. The proposed amendment is in substantial compliance with the City's Comprehensive Plan or other City Master Plan; and 6. The proposed amendment will not adversely affect the implementation of the goals and policies of the City's Comprehensive Plan or other City Master Plan; and 7. The proposed amendment is not justified in order to correct a mistake in the Official Zoning Map or the text of the Zoning Ordinance; and 8. The proposed amendment is not justified in order to respond to changes in the City s Comprehensive Plan or other City Master Plan including, but not limited to, changes in land use assumptions, surrounding uses, population forecasts, rates of land consumption, anticipated community needs or other factors. DEPARTMENT RECOMMENDATON (please check): Approval Denial n/a Approval Denial n/a Public Works X Planning, Eng. & Reg. Dept.: Fire Department X Code Enforcement Division X Legal Department X Engineering Division X Police Department X Planning Division X Utilities Department X Building & Regulation Division X Culture & Rec. Dept. X Carlsbad rrigation District X 25 25

26 DEPARTMENT COMMENTS: 26 Public Works: No comments. Utilities Department: Approved; Reviewed application. No comments or questions. Building Department: No comments. Fire Department: No comments. Code Enforcement: No comments. Legal Department: No comments. Planning Department: Recommend approval. Police Department: Approved; Reviewed application. No comments or questions. Culture & Rec. Dept.: No comments. Engineering Services: No comments. Carlsbad rrigation District: No comments. City Administration: No comments. ATTACHMENTS: Application materials, Ordinance, map 26

27 27 ORDNANCE NO AN ORDNANCE APPLYNG "R-R" RURAL RESDENTAL DSTRCT ZONNG FOR AN APPROXMATELY 5.17 ACRE PROPERTY, LOCATED AT 912 STANDPPE ROAD, LEGALLY DESCRBED AS LYNG BETWEEN THE CURRENT CORPORATE BOUNDARY AND THE NEW SOUTHERLY LNE OF TRACT 1A, CREATED BY THE BRAN STEVENS LNE ADJUSTMENT PLAT, PURSUANT TO SECTON ET. SEQ. NMSA 1978 AND SECTONS 56-15(B) AND 56-14(), CARLSBAD CODE OF ORDNANCES. BE T ORDANED BY THE GOVERNNG BODY OF THE CTY OF CARLSBAD, EDDY COUNTY, NEW MEXCO, that: The official zoning map of the City is hereby amended to apply "R-R" Rural Residential District zoning for an approximately 5.17 acre property, located at 912 Standpipe Rd., Carlsbad, NM, legally described as: LYNG BETWEEN THE CURRENT CORPORATE BOUNDARY AND THE NEW SOUTHERLY LNE OF TRACT 1A, CREATED BY THE BRAN STEVENS LNE ADJUSTMENT PLAT NTRODUCED, PASSED, ADOPTED AND APPROVED this 14th day of August, 218. DALE JANWAY, MAYOR ATTEST: CTY CLERK 27

28 28 BRAN STEVENS ANNEXATON PLAT LOT 19 :e-. El(i;l l t ~;~ WELSH be S LOT 2 fi)l Cll ' -----L ~ ' J BDVSO' LEA STREET ~~ c,\ '~ LOT3 LOT 5 LOT7 Vi LOT N 111/lfl/11 g; N "' ~LOT 11 ;, () "' () 1 () w 1111~1111 ~ <(LOT LOT LOT ~::~.,!il ~ > ~- iii ~ g "' ~! ~- 'l: > ~ "' ""!=:i ~ Vl( TRACT A! \ \ \ \ \.,.. \ ~~ Q ~ ~ 'Z AN ANNEXATON OF THAT PORTON OF TRACT A, LYNG BETWEEN THE CURRENT CORPORATE BOUNDARY AND THE NEW SOUTHERLY LNE OF TRACT A, AS CREATED BY THE BRAN STEVENS LNE ADJUSTMENT PLAT, N WHCH ±5.17 ACRES ARE BENG ADDED TO THE CTY OF CARLSBAD, AND DESCRBED AS FOLLOWS: BEGNNNG AT THE NTERSECTON OF THE SOUTH LNE OF THE WEST RGHT -OF-WAY OF STANDPPE ROAD AND THE SOUTH LNE OF BRAN STEVENS LAND DVSON; THEN S88.24' 43"[, ALONG THE SOUTH LNE OF BRAN STEVENS LAND DVSON, FOR FEET; THEN SOZ 12' 15 "E, FOR FEET, TO A PROJECTON OF THE SOUTH LNE, OF TRACT 1 A, BRAN STEVENS LNE ADJUSTMENT; THEN N89.13'7"W, ALONG THE SOUTH LNE OF SAD TRACT 1 A, FOR FEET, TO THE WEST RGHT - OF -WAY OF STANDPPE ROAD; THEN Noo 12'"E, ALONG THE WEST RGHT - OF- WAY, FOR 316. FEET, BACK TO THE PONT OF BEGNNNG. CONTANNG ±5.1 7 ACRES MORE OR LESS. fzl n. ~ (t) - N... N N LECENJ CORNER FOUND AS NOTED. SET #4 REBAR, CAP 2251 SECTON + CORNER CORPORATE BOUNDARY ///// DRANAGE DTCH ~ 8 LAND UN ANNEXAT ON ORDNANCE NUMBER.L ADOPTED AND APPROVAL BY: criy.p..annng COMMmiON THS S TO CERTFY THAT THS ANNEXATON PLAT HAS BEEN APPROVED BY THE CTY PLANNNG COMMSSON OF THE CTY OF CARLSBAD, COUNTY OF EDDY, STATE OF NEW MEXCO, DURNG A REGULARL Y SCHEDULED MEETNG HELD ON THS DAY OF, 2. CHARMAN SECRETARY 1HB CliY OF CARl.S&D THS S TO CERTFY THAT THS ANNEXATON PLAT HAS BEEN APPROVED BY THE CTY PLANNNG COMMSSON OF THE CTY OF CARLSBAD, COUNTY OF EDDY, STATE OF NEW MEXCO, DURNG A REGULARLY SCHEDULED MEETNG HELD ON THS DA Y OF, 2. MA YOR CTY CLERK BLOCK HOOSE ACRES OWNERS STATEMENT AND AFFDAV T STATE OF JV-w) JN. el? : ss COUNTY OF E;'~ : THE ABOVE SGNED lng FRST DULY SWORN ON OATH, STATE: AS THE OWNERS AND PROPRETORS Wf HA'v OF OUR OWN FREE WLL AND CONSENT CAUSED THS PLA T WTH TS ANNEXATON TO BE PLATTED. THE PROPERTY DESCRBED ON THS PLAT LES WTHN THE PLATTNG JURSDCTON OF: EDDY COUNTY CTY Of CARLSBAD AND CARLSBAD PLATTNG AND PLANNNG AREA SUBSCRBED, SWORN TO AND ACKNOWLEDGED BEFORE ME THS~ DA Y of A prv\, 2~ R&R SURVEYNG LLC A LAND SURVEYNG COMPANY SERVNG CARLSBAD AREA FOR 2+ YEARS NDEXNG NFORMATON FOR COUNTY CLERK SECTON 11 & 12 T22S R26E N. M.P. M. SUBDVSON :BRAN STEVENS ANNEXATON PLAT OWNER : BRTAN STEVENS CTY : CARLSBAD COUNTY : EDDY STATE: NEW MEXCO DATE: MARCH 15, 218, MELVN R. PYEATT, JR., A NEW MEXCO REGSTERED PROFESSONAL SURVEYOR, CER TFY THAT AM RESPONSBLE FOR THS SUR'vEY. AND THAT THS SURVEY S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELEF. THS SUR'v Y AND PLAT MEET THE MNMUM STANDARDS FOR SURVEYNG N NEW MEXCO. STATE OF NEW MEXCO, COUNTY OF EDDY, HERE BY CERTFY THAT THS NSTRUMENT WAS FLED FOR RECORD ON MELVN R. PYEATT, JR., 423 W. GREENE ST. SUTE 1, CARLSBAD, N.M., 8822, C R T/FCA TE NO , TEL , FAX

29 BRAN STEVEN S LNE ADJUSTMENT 29 LEA STREET A DVSON OF LAND DESCRBED N BOOK 78, PAGE 262, OF THE EDDY COUNTY RECORDS, WHCH S LOCATED N THE NWl/4 OF SECTON 12, TOWNSHP 22 SOUTH, RANGE 26 EAST, N.M.P.M., EDDY COUNTY, NEW MEXCO, N WHCH THE LAND DVSON HAS AN OUTSDE PERMETER DESCRPTON AS DESCRBED AS FOLLOWS:... """"" ""' 13E.GNNNG A 1\-\E. N\N CORNE.R OF SE.CON 2, 1\NNS\-\\P 22 SO\..l\1-\, RANGE. 26 E.AS\, N.M.P.M., E.DD'Y CO\JN'Y, NE.\N ME.X\CO, 1\-\E.N S43' 55' 59"E. FOR 42.5 FE. E.\ ; 1\-\E.N S88' 24' 5"E. FOR 66. FE. E.\, 1\-\E.N SOO' 2' 54"\N FOR FE. E.\, 1 1\-\E. R\JE. PO N\ OF 13E.GNNNG, 1\-\E.N SOO' 32' 49"E. FOR 222. FE. E.\ ; 1\-\E.N S88' 2' 7"E. FOR 29. FE. E.\; 1\-\E.N S'7'2"E. FOR 21. FE.E.\, 1\-\E.N S88'27'43"E. FOR 5. FE.E.; 1\-\E.N S'56'25"E. FOR FE.E.; 1\-\E.N N88'24' 33"\N FOR FE.E., 1 1\-\E. E.AS\ Rj\N OF Sl ANDPPE. ROAD, 1\-\E.N NOO' 2' ()()"E., AlONG 1\-\E. \NE.S\ Rj\N OF SANDPPE. ROAD, FOR 57.7 FE. E.\; 1\-\E.N S88' 8' OO"E. FOR 66. FE. E.\, BACK 1 1\-\E. PO N\ OF 13E.G\NN\NG. CONAN\NG ±22.31 ACRE.S MORE. OR le.ss. LOT J LOT~ ~~+~ " c)"" ~ - ~!:) ~ - ~ ~i ~ ~ ~ 11 ~ i ;., > <xi ~ TRACT 1A ±15.6 ACRES """" SlEVEN$, 111./N' N - N 8-1>. LECEN.D CORNER FOUND AS NOT SfT /14 REBAR, CAP 2251 S CnON + CORNER LN BENG ADJUST CORPORATE BOUNDARY ORA/NAG DTCH LAND LN APPROVAL BY THE CTY PLANNNC CONNSSON THS S TO CERTFY THAT THS PLAT HAS BEEN NSPECTED APPROVED BY THE PLANNNG COMMSSON, OR TS DESGNEE, OF THE CTY OF CARLSBAD, COUNTY OF EDDY, STATE OF NEW MEXCO ON THS r;"l:b DAY OF 4lt«L, 2_1 C~S~NEE &-; J.~ k- ~~:<-;;:::::=;--:;-_,.-:::.-- BRAN STEVENS OWNERS STATEMENT AND AFFDAVT TRAC 2A BLOCK L.c.. i HOOSE ACR~ NOTES AND OBSERVATONS: J j 1. WATER, SEWER, AND ELECTRC ARE N THE STREET AT THE FRONT OF THE PROPERTY. 2. THERE ARE NO SDEWALKS OR CURB AND GUTTER, AND THERE S ASPHALT N THE ROADWAYS. 3. BULDNG SETBACKS ARE AS PER CTY OF CARLSBAD REQUREMENTS: 4. THE SUBJECT PROPERTY LES N THE CTY LMTS OF CARLSBAD AND N EDDY COUNTY AS SHOWN. 5. LOTS SZES ARE: 1 LOT-±16.46 ACRES 1 LOT-±5.85 ACRES \ THS PLAT S EXEMPT FROM THE STATE SU BD V fson ACT, AND THE COUNTY SUBDV SON ORDNANCE, UNDER M (7) DEF NTONS: THE DVSON OF LAND lles ULTNG ONLY N THE ALTEilATON OF PARCEL BOUNDARES, AND THE NUMBER OF PARCELS S NOT lncreased. ENTTLEMENT OF EXEMPTON FLED ON THS DAY OF ~ 2_ A.D. N BOOK_~ PAGE. OF THE EDDY COUNTY RECORDS APPROVED AND ACCEPT BY THE EDDY COUNTY BOARD OF COMMSSONERS OF THER DESGNA TEO AGENT ON THS OA Y OF ~ 2 A.D. B~----~~----~ AGE:NT ATrrs~-~~~~---~ COUNTY CLERK STAT OF ~ yy y rc" : ss COUNTY OF Cet d ~ : TH ABOVE: S/GN BEN~FRST DULY SWORN ON OATH, STATE: AS TH OWNERS AND PROPRETORS WE HAVE: OF OUR Ol'r!\l FREE WLL AND CONSENT CAUSED THS PLAT WTH TS TRACTS TO BE PLATTED. THE PROPERTY DESCRBED ON THS PLAT LES WTHN THE PLA TnNG JURSDCTON OF: fddy COUNTY C/TY OF CARLSBAD AND CARLSBAD PLAffiNG AND PLANNNG AR A SUBSCRBED, SWORN TO AND ACKNOWLEDGED BEFORE ME THis 2.:ZtJ Y of, fe.lo.. e. 2o_lE_. BY '"P:> a. +a... c5--.h~ ~ L>o ~ Covo o~ NOTARY PUBLC ' uf'r o15/o'1/ ;:zo;;u R&R SURVEYNG LLC A LAND SURVEYNG COMPANY SERVTNG CARLSBAD AREA FOR 2+ YEARS NDEXNG NFORMATON FOR COUNTY CLERK SECTON 12 T22S R26E N. M. P. M. SUBDVSON BRAN STEVENS LlNE All TUSTMENT OWNER BRAN STEVENS CTY : CARLSBAD COUNTY EDDY STATE: NEW MEXCO DATE: JANUARY 2, 2 18 ACCESS: YES AREA _. 31 ACRF.S 6. THE SUBJECT PROPERTY LES N FLOOD PLANE "A ", WHERE DEPTHS ARE DETERMNED BY FEMA N THE FLOOD NSURANCE BASE FLOOD STUDY TO ACCOMPANY THE FRM 3515C145 D, WTH AN EFFECTVE DATE OF JUNE 4, 21., MEL VfN R. PYEATT, JR., A NEW MEXCO REGSTERED PROFESSONAL SURVEYOR, CERnFY THAT AM RESPONSBL FOR THS SURVEY, AND BASS OF BEARNGS AND DSTANCES: 1. BEARNGS SHOWN HEREON ARE REFERENCED TO THE NORTH AMERCAN DATUM OF 1983 (NAD 83), NEW MEXCO EAST ZONE (NM ZONE 31). THAT THS SURVEY S TRU[ AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELEF. THS SURVEY AND PLAT MEET THE MNMUM STANDARDS FOR SURVEYNG N NEW MEXCO. STATE OF NEW MEXCO, COUNTY OF EDDY. HERE BY CERTFY THAT THS NSTRUMENT WAS FLED FOR RECORD ON 2. AREAS AND DSTANCES ARE SURFACE MEASUREMENTS. THE DSTANCES ARE MEASURED N THE US SURVEY FOOT AND DSTANCES ARE SURFACE DSTANCES. 3. ALL MEASUREMENTS WERE MADE ON JANUARY 11, 218. MELVN R. PYEATT, JR., 423 W. GREENE ST. SUTE 1, CARLSBAD, N.M., B822, CERnFCATE NO. 2251, TEL , FAX Y: JJo.NUJo.RY 218 SANTOSR SANTOSR \G 29

30 Zoning Change Application Page 33 of7 MAY r:nn., :--~, CTY OF CARLSBAD Planning, Engineering, and Regulation Department PO Box 1569, Carlsbad, NM Phone (575) Fax (575) Application Date: Existing Zoning: ZONNG CHANGE APPLCATON Se-e (b) 5-2 '!? B V A Fee Paid ($1.): /f), ~ Proposed Zoning:.((~{{ APPLCANT NFORMATON: \~(-4~i- NAME 1 A~l_ ADDRESS PROPERTY OWNER NFORMATON (attach separate sheet for multiple owners): NAME ADDRESS CTY' STATE ZP PHONE EMAL *A signed affidavit from the property owner(s), consenting to submittal of the application, must be included with the application. LEGAL DESCRPTON AND/OR STREET ADDRESS OF PROPERTY (NCLUDEAMEETSANDBOUNDs DESCRPTON FOR UNPLATTED LAND, ATTACH SEPARATE SHEET, F NECESSARY): qoo :~J\uV\d J, ~ ADDRESS LOT BLOCK SUBDVSON 3

31 Zoning Change Application 31 Page4 of7 REASON FOR THE REQUEST An amendment to the Official Zoning Map or to the Text of the Zoning Ordinance must be justified by one or more of the following. Check all that apply: '',. D n D D D D D D The proposed amendment will not adversely impact the public health, safety or general welfare and will or will not promote the original purposes of the Zoning Ordinance. The proposed amendment responds to changed conditions, such as changes m public capital investments, road locations or functional classification, population trends, density, use or further studies that have been completed since adoption of the Zoning Ordinance. The proposed amendment is necessary in order to respond to State and/or Federal legislation. The proposed amendment provides additional flexibility in meeting the objectives of this Zoning Ordinance without lowering the standards of the Zoning Ordinance. The proposed amendment is in substantial compliance with the City's Comprehensive Plan or other City Master Plan. The proposed amendment will not adversely affect the implementation of the goals and policies of the City's Comprehensive Plan or other City Master Plan. The proposed amendment will correct a mistake in the Official Zoning Map or the text of the Zoning Ordinance. The proposed amendment is justified in order to respond to changes in the City's Comprehensive Plan or other City Master Plan including, but not limited to, changes in land use assumptions, surrounding uses, population forecasts, rates of land consumption, anticipated community needs or other factors. Required prior to P & Z: Complete Application ncluding: D Map Fee Letter Notification Sign Agreement Required prior to City Council: Council Hearing Date: Publication Date: Property Owner Notification Sent (within 1 ' minimum.): D ABM Staff Comments Application Packet Draft Ordinance P&Z Minutes Council Action: D D Denied Other Ordinance No.:

32 Zoning Change Application Page5 32 of7 CTY OF CARLSBAD AFFDAVT BY PROPERTY OWNER(S) ============= == ===== == - ' F AN APPLCATON S MADE BY SOMEONE OTHER THAN THE PROPERTY OWNER THS FORM MUST ACCOl\fPANY THE APPLCATON MATERALS. APPLCATON TYPE: ~ZONNG CHANGE DCONDTONAL USE DV ARANCE DTEMPORARY USE STATE OF NEW MEXCO) } ss COUNTY OF EDDY ) (WE) HEREBY CERTFY that am (we are) the owners of record of the property described as follows: ADDRESS OF PROPERTY: 9.D() &+u""jp'r<- STREET ADDRESS LEGALDESSCRPTON: 2,niA"' Ste.va.""') Ani'\LJiui-;">1\ Pl+ 1i"c.cJ \A?.llAv. SUBDNSON BLOCK LOT OR TRACT (WE) HAVE AUTHORZED the following individuals to act as my (our) agent with regard to this application. AGENT: R)~~~r~t~~~~~;~~,~~~-=~ NAME 5o\ V C..onyoh (WE) UNDERSTAND, CONCUR AND AFFRM: 515-3o2-92Col PHONE That this application may be approved, approved with conditions or denied and that, as the property owner, it is my responsibility to ensure that any conditions are complied with and to ensure that the property is maintained in a condition so as not to jeopardize the health, safety or welfare of others and that compliance with all applicable City ordinances is required, and (WE) HEREBY EXECUTE THS AFFDAVT in support of the proposed application as presented: OWNER1: ;:.. SGNATURE BY~t-qv"-- ;Sfevt.eV'-_5. PRNTED NAME (ADDTONAL OWNERS: ATTACH SEPARATE SHEETS AS NECESSARY) ll ACKNOWLEDGED, SUBSCRBED, AND SWORN to before me this J.3rd.. day of... ~-=-=>;F----' 2 1:8:_, by.&~ ~UA) Notary Public ~C@ ~k\p~1-\l My commission expires: 32 ~ ]Q[~ Of'f'TCAL SEAL : DEBBl JO SKPWTH NOTARY PUBLC STATE OF N~W MEXCO My Commission Expires 5 (Q ~qo

33 Zoning Change Application 33 Page 6 of7 NOTFCATON SGN POSTNG AGREEMENT Notification of Public Hearings before the City of Carlsbad Planning and Zoning Commission is required pursuant to Sec (i). Signs shall be posted a minimum of 5 days prior to and shall be removed a maximum of 5 days after the public hearing. f the sign is not posted as required, the application will be delayed and will not be considered at the public hearing as scheduled. The sign shall be posted at the street side property line with a secure stake provided by the appilcant. have read and understand these requirements. understand where the sign is to be located and my obligation to post the sign prior to the public hearing and remove it afterwards. APPLCANT SGNATURE DATE Sign issued by:-=--==-=---:: StaffMember Notification Agreement Rev. 1/11 - ':,,.,, ' <. 1". ~

34 34 PETTON FOR ANNEXATON (SEE NMSA, 1978, FOR PETTON REQUREMEN1S) MAY Application Date:!) - 2 i -2 ) i /We, the undersigned owners of the following described real estate, do by our signature, hereby present the City of Carlsbad with this petition for Annexation under Article 7, Section 3-17 et. seq. NMSA 1978, which regulates the annexation ofland. As the property owner(s), /we understand that all required information must be provided in accordance with these regulations. n addition, /we understand that the construction or upgrade of public infrastructure may be required as a condition of approval. n this case, a Development Agreement or an Assessment District may be required by the City. As the applicant, /we may be required to provide a financial guarantee for the construction of said improvements. The financial guarantee and timeline for completion are subject to approval by the City. NA_c\1E OF PROPERTY \\7NER ACREAGE NAME OF PROPERTY \\'NER ACREAGE ADDRESS ADDRESS C.ULS811 ) 8811 CfTY STATE zrr CTY STATE ZP PHOl\iE EMAL PHONE Ei'v!AL --~~~:~~-~--~~~~--~~--- SGNATURE DATE SGNATURE DATE Legal description of property being annexed (attach copy of Annexation Plat): t s=. 1 7 Ac.u:s Total acreage: ~ \ l Current Zoning: Proposed Zoning: i- ~ (Please attach a completed Zoning Change application, a separate fee may be required) 34

35 r ~ Receipt Date Stamp L J 35 CTY OF CARLSBAD Planning, Engineering, and Regulation Department 114 S. Halagueno (PO Box 1569) Carlsbad, NM Phone (57 5) Fax (575) APPLCATON FOR ANNEXATON (SEE NMSA, 1978, FOR PETTON REQ_DREMENTS) PROCESS FOR ACCEPTANCE AND REVEW OF PLANNNG AND ZONNG COMMSSON MATTERS 1. The Planning and Zoning Commission's regularly scheduled meetings are on the FRST MONDAY OF THE MONTH. Applicant should obtain an Application Packet for the particular type of request (Zone Change, Subdivision, Variance, Annexation, Special Property Use, etc.) ftom the City of Carlsbad, Planning, Engineering, and Regulation Office. 2. With the exception of Summary Reviews, Applicant must submit a completed Application to the Planning, Engineering, and Regulation Office on, or before, the FRST FRDAY OF THE MONTH prior to the desired Commission meeting. (As per Section NMSA 1978 and Chapter 47 Code of Ordinances, Summary Reviews may be submitted at any time.) The minimum application packet submittal is one (1) copy Qf t_@ AP-P-lil;;atiQn. witb_ QD_gin.a.l ~ignatut!t~ ami a.u_ t!tqujj!td ~Ul212Qrting d.q~;;u.m!tn.ts. f de~ired.. a. letter of explanation or clarification may also be provided. The required non-refundable application fee is due with submittal of the application. The desired maximum size for all documents is 11 "x 17". However, if the applicant wishes to support his or her application with larger size documents, an original and fifteen (15) copies need to be provided. (For Summary Review-an original and three (3) copies are required.) Separate arrangements for copying these large documents may be possible, but will incur additional costs. 3. The Planning, Engineering, and Regulation Office will give the Application an initial cursory review. f deficiencies or questions are noted, the Applicant will be advised and provided an opportunity to supplement the Application. f the Applicant fails to complete and resubmit the application prior to the above deadline, the matter will not be heard until the next subsequent Commission meeting. The original application fee will be retained and will suffice for the specific original application for a period of four months from the date of the original application. 4. Applications appearing complete will be set for full evaluation by City Staff prior to the Commission meeting. The purpose of this evaluation is to develop and provide a full briefing report for the Commission. Applicants. will be advised of deficiencies noted during this review and will be afforded opportunity to supplement their application during their presentation to the Commission, if they so desire. 9/"l2/214 35

36 36 a- U.S. Postal Service'M CERTFED MAL RECEPT Domestic Mail Only, CJ ~ lid ~~~ ~~~~~~~~~~~~~r---~~~~~--~ T1 ~ ~~~~~~~~~~ CJ CJ CJ CJ ~~~~~~~====~ CJ ~ ~~~e.m~~~ ~.-= 1".-=l k~~~~~~.~~f-~.~~ -:~~~2~~.. /..~~~~~!~J~~l~ --~~~ CJ ~~ ~u.'"'''~' 1"- ~x~~~k~~ ~~-,{r~~~- ~~ --- ~~ ~ ~, i U1 T1 CJ CJ ' U.S. Postal Service'M CERTFED MAL RECEPT Domestic Mail Only CJ Postage 1"- $.J..$ (J c::n Cl Total Postage and F.Ms.-= ~,:,-. 9 C".J $ ru :r CJ CJ u.s. Postal Service CERTFED MAL 1 RECEPT Domestic Mail Only, o ~~~~~~~~~~r-~~~~--~. T1 ~ ~~~~~~~~~~~ CJ CJ CJ CJ ~~~~~~===#f CJ!"- ~~==~~~ ~~ CJ...=~ ~~~--~~------~~~~~--~ 36

37 Zoning Change Application 37 Page 7 of7 Dear Property Owner, This letter serves as legal notification of a pending action before the City of Carlsbad Planning and Zoning Commission in accordance with Code of Ordinances Sec (i). You are being notified because you are a property owner within one-hundred feet (1') of the subject site. Applicant: ~)C\v-\ t~' "-~1-. fi.:y,\}co.""''i''" :):-.J2-\jiG.L Name Address i Phone Subject Site Location: q.._,()""-' u=---=s---'t...,u=~n=jq(j'---' +-'"-= T9e proposed action is a:,d( Zoning Change from Jv A- to K(t in accordance with Sec (b ). Variance/Appeal from Sec. in accordance with Sec (c). The purpose of the variance/appeal is: Conditional Use Permit in accordance with Sec. 56-5( f). The purpose of the permit is for a: Home Occupation: OtherUse: The Planni g and Zoning Commission will consider this request at a Public Hearing on: Date: 2!- o f3 Ti e: :OOpm Place: City Annex Planning Room 114 S. Halagueno St. Carlsbad, NM 8822 The Code of Ordinances can be found on the City's website For details about this request contact the applicant OR contact the City Planner at or via at jepatterson@cityofcarlsbadnm.com. Sincerely, Wi Applicant/ Agent 37

38 Application of R-R Zoning Parcel C-1 C-2 Area to be Annexed PUD R-1 R-2 R-R W LEA ST STANDPPE RD ,5 Feet 6/15/218

39 Application of R-R Zoning Parcel C-1 C-2 Area to be Annexed PUD R-1 R-2 R-R W LEA ST STANDPPE RD , Feet 6/15/218

40 DEPARTMENT: Planning, Engineering & Regulation CTY OF CARLSBAD AGENDA BREFNG MEMORANDUM PLANNNG AND ZONNG COMMSSON Meeting Date: 7/2/218 BY: Jeff Patterson, DATE: 6/19/218 Planning Director SUBJECT: Conditional Use Application for a communications tower at 112 W. Pierce St. as required by Section 56-41(c), Table 5, Carlsbad Zoning Ordinance. Applicant: OXY WTP USA 152 Commerce Dr. Carlsbad, NM 8822 Owner: Gregory Enterprises nc. Carlsbad, NM 8822 *The applicant provided the required notification to property owners within 1 and agreed to post the required sign 5 days prior to the public hearing, as required by Sec (i). SYNOPSS and HSTORY: The applicant is requesting a Conditional Use permit in accordance with Section 56-41(c), Table 5, to erect a communications tower at 112 W. Pierce St. Section 56-42(k)(c) of the Zoning Ordinance states: (c) No such facility or tower shall exceed a height of fifty feet (5 ft.) above grade plane, unless the applicant provides a report by a New Mexico registered professional engineer certifying that adequate service to the Carlsbad area cannot be provided from a facility or tower of such height, in which case the facility or tower shall not exceed the minimum height deemed necessary by the engineer, or one hundred feet (1 ft.), whichever is less. The applicant plans to install a 6 temporary communications tower. The applicant should provide a letter from a New Mexico registered engineer stating the need to install a tower taller than 5, as per Sec (k)(c). MPACT: (SAFETY AND WELFARE/FNANCAL/PERSONNEL/NFRASTRUCTURE/ETC.): Approval of this request will result in the construction of a communications tower that does not exceed the maximum allowed height. *Conditional Use Permits are not transferable and do not run with the land. Conditional Use Permits expire upon the sale, transfer, or lease of the property to a new owner or tenant. The following Comprehensive Plan: Strategy 23 goals apply to this request: Chapter 3: Land Use Goal 4: The City of Carlsbad will strive to create an aesthetically pleasing built environment. Chapter 5: Economic Development Goal 4: mprove the appearance of Carlsbad. The Planning and Zoning Commission, in approving a Conditional Use Permit, shall make the following findings and may attach to the permit such reasonable conditions of approval, in addition to those specified in this Zoning Ordinance, to ensure that the development in its proposed location: (a) Will not endanger the public health, safety, or welfare; and (b) Will not adversely impact abutting or nearby properties; and (c) Will not impair the integrity and character of the zoning district in which it is located; and (d) Will be in conformity with the City's Comprehensive Plan and other plans officially adopted by the City. 4 4

41 PLANNNG STAFF RECOMMENDATON: Based on department recommendations and analysis, planning staff recommends approval of the Conditional Use Permit based on the following condition: f approved the project would require engineered drawings stamped by a NM licensed engineer, showing compliance with not only the Building Code but compliance with all FCC and FAA regulations. DEPARTMENT COMMENTS: Approval Denial n/a Approval Denial n/a Public Works X Plng., Eng. & Reg. Dept: Fire Department X Code Enforcement Division X Legal Department X Engineering Division X Police Department X Planning Division X/cond Utilities Department X Building & Regulation Division X/cond Culture & Rec. Dept. X Carlsbad rrigation District X Public Works: No comments Utilities Department: Approved; Reviewed application. No comments or questions Building Department: f approved the project would require engineered drawings stamped by a NM licensed engineer, showing compliance with not only the Building Code but compliance with all FCC and FAA regulations. Fire Department: Conditional Use Code Enforcement: No comments Legal Department: No comments Planning Division: See comments above Engineering Division: N/A Police Department: Approved; Reviewed application. No comments or questions. Culture and Recreation Dept.: No comments Carlsbad rrigation District. No comments ATTACHMENTS: Application materials and plat 41 41

42 42 Conditional Use Application Page 1 of 6 CTY OF CARLSBAD Planning, Engineering, and Regulation Depa1:tment PO Box 1569, Carlsbad, NM Phone (575) Fax (575) CONDTONAL USE PERMT APPLCATON (NCLUDNG HOME OCCUPATONS) PROCESS FOR ACCEPTANCE AND REVEW OF PLANNNG AND ZONNG COMMSSON MATTERS 1. The Planning and Zoning Commission's regularly scheduled meetings are on the FRST MONDAY OF THE MONTH. Applicant should obtain an Application Packet for the particular type of request (Zone Change, Subdivision, Variance, Annexation, Conditional Use, etc.) from the City of Carlsbad, Planning, Engineering, and Regulation Office. 2. Applicant must submit a completed Application to the Planning. Engineering. and Regulation Office on, or before. the FRST FRDAY OF THE MONTH prior to the desired Commission meeting. The minimum application packet submittal is one (1) copy of the Application with original signatures and all required supporting documents. A letter of explanation or clarification may also be provided. The required non-refundable application fee is due with submittal of the application. The desired maximum size for all documents is 11"x17". However, if the applicant wishes to support his or her application with larger size documents, an original and eight (8) copies need to be provided. Separate arrangements for copying these large documents may be possible, but will incur additional costs. 3. The Planning, Engineering, and Regulation Office will give the Application an initial cursory review. f deficiencies or questions are noted, the Applicant will be advised and provided an opportunity to supplement the application. f the Applicant fails to complete and resubmit the application prior to the above deadline, the matter will not be heard until the next subsequent Commission meeting. The original application fee will be retained and will suffice for the specific original application for a period of 9-days from the date of the original application. 4. Applications appearing complete will be set for full evaluation by City Staff prior to the Commission meeting. The purpose of this evaluation is to develop and provide a full briefmg rep'ort for the Commission. Applicants will be advised of deficiencies noted during this review and will be afforded opportunity to supplement their application during their presentation to the Commission, if they so desire. 5. The Planning and Zoning Commission will vote to approve or deny the request. Applicant or his/her representative must be present to address any questions that Planning and Zoning Commissioners may have. Appeals of Planning and Zoning Commission decisions will be heard by the City Council pursuant to Sec (c). 6. The applicant shall mail notice of the Planning and Zoning Commission hearing, via certified mail, to all property owners within one-hundred feet (1') of the subject site. Evidence of such notification shall be provided with the application. n addition, the applicant shall post a sign, provided by the City, at the property at least 5 days prior to the public hearing. 11/14/16 42

43 Conditional Use Application Page 2 of 6 Receipt Date Stamp 43 CTY OF CARLSBAD Planning, Engineering, and Reguladon Department PO Box 1569, Carlsbad, NM Phone (575) Fax (575) CONDTONAL USE PERMT APPLCATON (NCLUDNG HOME OCCUPATONS) Sec (t) Application Date: Fee Paid ($5.): APPLCANT NFORMATON: OXY USAWTP NAME 152 W. Commerce Dr. ADDRESS Carlsbad NM CTY STATE ZP PHONE EMAL PROPERTY OWNER NFORMATON (F DFFERENT PROM APPLCANT"), Gregory Enterprises nc. NAME Carlsbad NM 8822 ADDRESS Cn'Y STATE ZP PHONE EMAL * f the applicant is not the property owner, a signed affidavit from the property owner, consenting to submittal of the application, must be included with the application. LEGAL DESCRPTON AND/OR STREET ADDRESS OF PROPERTY (FOR WHCH CONDTONAL USE S REQUESTED): 112 W. Pierce ADDRESS LOT BLOCK SUBDVSON ZONNG OF PROPERTY: _C_-_2 TYPE OF CONDTONAL USE REQUESTED (F HOME OCCUPATON, NDCATE TYPE):

44 44 Conditional Use Application Page 3 of 6 JUSTFCATON FOR REQUEST AND STE PLAN: (Describe the proposed use and any conditions on the property or within the neighborhood that may affect the use i.e. parking, building locations, neighborhood character, etc. nclude a site plan, drawn to scale or with accurate dimensions, showing property lines, fences and/ or walls, setbacks, building and structure locations and parking areas. Attach a separate sheet if necessary.) OXY USA WTP is requesting permission to install a temporary communications tower at the 112 W. Pierce location for network connectivity to our 152 Commerce Dr. office. Tower will be 6 foot in height and mounted on a trailer. 6 foot height is required to reach the current office, clearing all obstructions in the path.. Required prior to P & Z: Complete Application ncluding: D Site Plan D Fee D Notification DSign Posting Agreement D ABM D Smff Comments P & Z Action: D Approved D Denied D Other D Letter of Explanation DSign Posted D Application Packet Date: 11114/16 44

45 45 Conditional Use.Application Page 4 of 6 CTY OF CARLSBAD AFFDAVT BY PROPERTY OWNER(S) F AN APPLCATON S MADE BY SOMEONE OTHER THAN THE PROPERTY OWNER THSFORMMUST ACCOMPANYTHEAPPLCATONMATERALS. APPLCATON TYPE: ZONNG CHANGE ii CONDTONAL USE OV ARANCE TEMPORARY USE STATE OF NEW MEXCO) ) ss COUNTY OF EDDY ) (WE) HEREBY CERTFY that am (we are) the owners of record of the property described as follows: ADDRESS OF PROPERTY: 11 2 W. Pierce ,s~r~mrr-~~mmmorree~ss LEGALDESSCRPTON:<3r'JrJ: Wlty ~(7/d.J 'T;j<.()-Vf _;;: SUBDVSON BLOCK LCT R TRACT 1 (WE) HAVE AUTHORZED the following individuals to act as my (our) agent with regard to this application. AGENT: ~~~ NAME PHONE (WE) UNDERSTAND, CONCUR AND AFFRM: That this application may be approved, approved with conditions or denied and that, as the property owner, it is my responsibility to ensure that any conditions are complied with and to ensure that the property is maintained in a condition so as not to jeopardize the health, safety or welfare of others and that compliance with all applicable City ordinances is required, and (WE) HEREBY EXECUTE TillS AFFDAVT in support of the proposed application as presented: own<r.j:fr~ A op,y ~Tlq,j lif-=:il'~~. sunscrrnen, AND ~worn BY:{) 1!!;:/_.J}L!_ to before me this $' day o~tj Mt::-., SGNATUH.E BY: 1 <. ~ JJ ~: ft ~ 2 J$, by E PRNTEDNAME PR..ES.D:::.EtJT (ADDTONAL OWNERS: ATTACH SEPARATE SHEETS AS NECESSARY)!1114/!6 OFFCAL SEAL GEORGE T. DUNAGAN NOTARY PUBLC STATE OF NEW MEXCO <g~?-2-'v Commission Expires.,. 45

46 46 Conditionall'se Application Page 5 of 6 NOTFCATON SGN POSTNG AGREEMENT Notification of Public Hearings before the City of Carlsbad Planning and Zoning Commission is required pursuant to Sec (i). Signs shall be posted a minimum of 5 days prior to and shall be removed a maximum of 5 days after the public hearing. f the sign is not posted as required, the application will be delayed and will not be considered at the public hearing as scheduled. The sign shall be posted at the street side property line with a secure stake provided by the applicant. have read and understand these requirements. understand where the sign is to be located and my obligation to post the sign prior to the public hearing and remove it afterwards. APPLCANT G ATURE 6/8/218 DATE Sign issued by: --=-----::::-:-::------= Staff Member Sign Notification Agreement Rev 1/11 46

47 47 Conditional Use Application Page 6 of 6 Date: Dear Property Owner, This letter serves as legal notification of a pending action before the City of Carlsbad Planning and Zoning Commission in accordance with Code of Ordinances Sec (i). You are being notified because you are a property owner within one-hundred feet (1') of the subject site. Applicant: OXY USA WTP Name 152 W. Commerce Dr. Address Subject Site Location: _1_1D_2_W_._p,_ er_c The proposed action is a: D Zoning Change from to in accordance with Sec (b). D Variance/Appeal from Sec. -:-:- in accordance with Sec. 56-! 5( c). The purpose of the variance/appeal is: Phone ii Conditional Use Permit in accordance with Sec (f). The purpose of the penni! is for a: D Home Occupation: -;;-----,----,---::----- ~ Other Use: Temporary Communication Tower The Planning and Zoning Commission will consider this request at a Public Hearing on: Date: -=:-----::-:-:-- Time: 5:pm Place: City Annex Planning Room 114 S. Halagueno St. Carlsbad, NM 8822 The Code of Ordinances can be found on the City's website For details about this request contact the applicant OR contact the City Planner at or via atjepatterson@cityofcarlsbadnm.com. Sincerely, Applicant/ Agent ll/14/j6 47

48 48 48

49 49 COMPLETE FOR CREDT CARD PAYMENT Type of Credit Card: Visa (M""astercafb Discover Credit Card Number: _s s 5_..l_ - k_ ~!l ~ - ~ Jl gi_ z._ - _k _9 l _1_ Expiration: _/_(_;!!_!1_ (Month/DayN ear) Name: KodY'\~ J)Av.,d.c::.ol'l Address: 18 (J \ C...R 39 5 t3i'owt.)9ia..\d. 11( City State Amount to be Charged: $ 5. "1931.b Zip (As it appears on the Credit Card) (Credit Card Billing Address) Telephone: (Be~) fo cS Mail payment information with application/form to: Or fax to: (575) City of Carlsbad Planning, Engineering & Regulation Department PO Box 1569 Carlsbad, NM Or call to provide your information by phone to: (575) (the Planning, Engineering & Regulation Department)

50 Conditional Use - Communications Tower C-1 C-2 PUD R-1 R-2 R-R N THOMAS ST 118 W PERCE ST Feet 6/15/218

51 DEPARTMENT: Planning, Engineering & Regulation CTY OF CARLSBAD AGENDA BREFNG MEMORANDUM PLANNNG AND ZONNG COMMSSON BY: Jeff Patterson, Planning Director Meeting Date: 7/2/218 DATE: 6/19/218 SUBJECT: Consider allowing Temporary Housing as a Temporary Use at 3815 National Parks Hwy., zoned C-2 Commercial 2 District, in accordance with Sec and as approved by the City Council 1/22/13. Applicant/Owner: Praful Patel 3815 National Parks Hwy. Carlsbad, NM 8822 *There are no special notification requirements for Temporary Use Permits. SYNOPSS, HSTORY AND MPACT (SAFETY AND WELFARE/FNANCAL/PERSONNEL/NFRASTRUCTURE/ETC.): Due to the growth in the oil, gas, mining and energy sectors in recent years, southeastern New Mexico has seen an unprecedented increase in the demand for workforce and temporary housing. The existing housing market in Carlsbad continues to be insufficient to meet the needs of the current workforce. n an attempt to address this issue, in October 213, the City Council approved temporary housing as one of the uses eligible for a Temporary Use Permit. f approved, in addition to the standard regulations for temporary uses, temporary housing must meet the Council-approved definition for temporary housing (see below) and the criteria described in the Temporary Use Application. Temporary Housing. Housing for individuals or families, on a temporary basis, either in pre-fabricated, completely self-contained modular structures consisting of sleeping quarters, dining facilities, laundry facilities, restroom facilities and other amenities, OR individual self-contained recreational vehicles, not including tents. Specifically for the purpose of this definition, Temporary Housing may also be referred to as crew-camp housing, work force housing, congregate residence or employee housing. Residents living within the temporary housing may be employed solely by one company, industry or project or may be employed by a variety of employers. A stipulation of the Temporary Housing permit Sec is that the property proposed be at least 2 acres as a whole in area. The subject property is approximately 2 acres. The applicant s site-plan indicates how the applicant plans to lay out the modular units for housing. The site plan also indicates that the applicant plans to install an office/laundry and two gazebos. The required perimeter fence is shown on the site plan. There are two ingress/egress points shown, one on San Jose Blvd., and one on National Parks Hwy. The site plan shows a total of 22 modular units will be installed, each holding 4 bedrooms for a total of 88 units. Ninety parking spaces are indicated on the site plan. The site plan fails to indicate how each modular unit will be tied to the City s water and sewer services. The site plan indicates that a solid waste dumpster will be installed within the property. This will need to be approved by the City s Solid Waste department. The applicant will be required to speak with the City s Building Official regarding the modular units proposed in this application. Approval from the Building Official s office is required. Recent predictions are that the regional economy is expected to continue to grow for many more years. The proposed use is intended to address the need for housing temporary workers that have relocated to Carlsbad. PLANNNG STAFF RECOMMENDATON: Based on review of the application materials and other staff comments, the Planning Dept. recommends approval of this request with the following conditions: 51 51

52 1. An engineered plan set will be required for water and sewer connections. 2. The solid waste dumpster will need to be moved for this project and Super 8 motel. This will need to be coordinated with the solid waste dept. The city requires side loader dumpsters only. Front loader dumpster sites will not be accepted. 52 DEPARTMENT RECOMMENDATON (please check): Approval Denial n/a Approval Denial n/a Public Works X Plng., Eng. & Reg. Dept: Fire Department X Code Enforcement Division X Legal Department X Engineering Services X Police Department X Planning Division X/cond Utilities Department X/cond Building & Regulation Division X Culture & Rec. Dept. X Carlsbad rrigation District X DEPARTMENT COMMENTS: Public Works: No comments. Utilities Department: 3815 National Park Hwy 1. An engineered plan set will be required for water and sewer connections. 2. The solid waste dumpster will need to be moved for this project and Super 8 motel. This will need to be coordinated with the solid waste dept. The city requires side loader dumpsters only. Front loader dumpster sites will not be accepted. Building Department: Recommend approval based on need and nature of use of the surrounding area. Fire Department: No comments. Code Enforcement: No comments. Legal Department: No comments. Planning Department: Recommend approval. Police Department: Approved; Reviewed application. No comments or questions Culture & Rec. Department: No comments. Engineering Services: Carlsbad rrigation District: CD does not object to these applications because the applications do not affect our operations. City Administration: No Comments ATTACHMENTS: application materials, site plan and map 52

53 Temporary Use Application Page 1 of 6 V c..< L y ~ J.;:<.? t:f "PN-t -''~ LJ ~ - ::j {< UE._ l..;:zit) t' ~ CTY OF CARLSBAD i!. ' ~ ' Receipt Date Stamp JUN _ Planning, Engineering, and Regulation Department PO Box 1569, Carlsbad, NM Phone (575) Fax (575) # tem~orlryuse APPLCATON Sec and Temporary Housing Application Date: {;jj2f!;;g Fee Paid ($1.): vp Jf? TYPE OF USE REQUESTED: Carnival, Circus, Fair, Public Event Parking Lot Sale Garage, Estate, Yard Sale Natural Disaster, Emergency Personal Assistance Location Real Estate Sales Office lz Temporary Housing Other APPLCANT NFORMATON: ADDRESS CTY STATE ZP PHONE PROPERTY OWNER NFORMATON* (F DFFERENT FROM APPLCANT): NAME ADDRESS CTY STATE ZP PHONE *A signed affidavit from the property owner(s), consenting to submittal of the application, must be included with the application. LEGAL DESCRPTON AND/OR STREET ADDRESS OF PROPERTY (FOR WHCH TEMPORARY USE S REQUESTED): :3 g L5 NaiL Pks. ffw y ADDRESS LOT BLOCK SUBDVSON ZONNG 53

54 54 / /,' 1/ / (_ -..._ -...-, / 1/ 1/ / / / / 1/ f'...,, ' -t -t -t - -t Q Q )> )> ~ r r r ~ r ~ 1J 1J ld ~ ~ ~ ld ::; ~ ~ (> 1J ~ ~ ~ m ~ p ~ ~ (J> (J> -t l> {)) c. r l> -t... > > ::J z () \\) > > (> (J> ld 1J ~ ~ c ~ -t )> (J> ~ Ul m (J> (> ~ NORMAN PATEN & ASSOC. - AACHTEClUAE & PLANNNG 413 CEDAR ST.!! MAN CEDAR HLL, TX / n otten@flash.net 54 PROPOSED TRALER COURT DO

55 Property Record Card Eddy Assessor 55 LN HOSPTALTY CORP 3817 NATONAL PARKS HWY CARLSBAD, NM 8822 Value Summary Account: R14 Tax Area: C_NR - CARLSBAD-N (Nonresidential) Acres:. Value By: Market Override Land (1) $5,25 N/A Total $5,25 $5,25 Parcel: Situs Address: 3815 NATONAL PARKS HWY Legal Description Quarter: SW S: 19 T: 22S R: 27E BEG NTERSECTON OF W ROW HWY 62-18, SWLY 56', NWLY AT RGHT ANGLE 4', NELY AT RGHT ANGLE 152.1', N 18.5', E AT RGHT ANGLE 3' TO W ROW LNE SAN JOSE BLVD, S 3' TO POB MAP# 265A-3.1 LOC 3815 NATONAL PARKS HWY Public Remarks Entry Date Model Remark 11/7/214 BOOK 999 PG 519 Land Occurrence 1 Property Code 2 - NON-RESDENTAL LAND Land Code 111_24999_99 - Commercial Land N/R Description Abstract Summary NON-RESDENTAL LAND Code Classification Actual Value Value Taxable Actual Value Taxable Value Override Override 2 NON-RESDENTAL LAND $5,25 $16,75 NA NA Total $5,25 $16,75 NA NA A#: R14 P#: As of: 6/16/218 Page 1 of 1 55

56 Temporary Use Application Page 2 of 6 56 Description and Duration of Temporary Use: Site Plan: FOR OFFCAL USE ONLY: Approved Approved with Conditions Denied By: Approval Date: Permit Expiration Date: Conditions of approval: 11/14/16 56

57 Temporary Use Application Page 3 of 6 57 SEC TEMPORARY USES. (a) (b) Allowed Uses. Temporary uses shall be allowed in accordance with the standards of the zoning district and this subsection. These uses require written permission from the property owner and an approved Temporary Use Permit from the Planning Director and in some cases a Business Registration, unless otherwise expressly permitted or allowed. 1. Carnivals, Circuses, Fairs and Public Events. Carnivals, circuses, fairs and public events shall only be approved by the City Council on a case by case basis and shall be in accordance with all applicable regulations. Permission of the property owner is required. 2. Garage, estate and yard sales. Garage, estate and yard sales require a Temporary Use Permit but do not require a business registration and may be conducted, but shall comply with the following minimum requirements: (a) (b) (c) (d) (e) (f) There shall be no more than two such activities per residence per twelve month period; Each sale shall begin and end within a consecutive seventy-two hour (72 hr.) period; Sales shall be conducted on the property of the person selling the goods. Multiple home sales must be held on the property of one or more of the participants; No goods purchased for resale may be offered for sale or sold and no consignment goods may be offered for sale or sold; Directional and advertising signs shall not be located in the public right-of-way or attached to utility poles or other structures located in the public right-of-way; and All directional or advertising signs shall be removed within twenty-four hours (24 hrs.) of the completion of the sale. 3. Natural Disaster and Emergency Personal Assistance Locations. Temporary uses and structures needed to provide personal services as the result of a natural disaster or other health and safety emergency are allowed for the duration of the emergency and do not require a temporary use permit or business registration. 4. Parking Lot Sales. Permission of the property owner is required for parking lot sales. Parking lot sales may include the sale of rugs, blankets, fruits, vegetables, and other such items. Parking lot sales are allowed in the parking lot of a permitted structure or use in the C-1, C-2, and zoning districts for up to thirty (3) consecutive days at a time. 5. Real Estate Sales Offices. Sales offices are allowed on development sites in any zone until all lots or houses are sold. Use of the sales office for lots or homes outside of the project area is prohibited. 6. Other Uses. The Planning and Zoning Commission may approve other temporary uses and activities or special events. Such uses shall not jeopardize the health, safety or general welfare, or be injurious or detrimental to properties near the proposed location of the activity. Such uses shall comply with all applicable ordinances, laws, rules, regulations, codes and policies. General Regulations. 1. All temporary uses shall comply with the provisions of this Section: (a) (b) (c) (d) (e) 2. Approval Criteria. Permanent changes to the site are prohibited; Permanent signs are prohibited. All temporary signs associated with the temporary use shall comply with all applicable ordinances, laws, rules, regulations, codes and policies and shall be placed no more than seventy-two hours (72 hrs.) in advance of the event, and shall be removed within twenty-four hours (24 hrs.) of the end of the event; Temporary uses shall not violate any applicable conditions of approval that apply to the principal use on the site; All other required permits and licenses, such as health department permits, shall be obtained; and Temporary uses shall be subject to site plan review as required by the Temporary Use Permit process. 11/14/16 57

58 Temporary Use Application Page 4 of 6 The Planning Director may approve a Temporary Use Permit if it is determined that all of the following conditions are met: (a) (b) (c) (d) (e) 3. Conditions of Approval. That the proposed site is adequate in size and shape to accommodate the temporary use; That the proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary use will or could reasonably generate; That adequate parking to accommodate vehicular traffic to be generated by such use will be available either on-site or at alternate locations (with an approved alternative parking plan); That the operation of the requested use at the location proposed and within the time period specified will not endanger, jeopardize or otherwise constitute a menace to the public health, safety or general welfare; and All other required permits have been obtained. n approving Temporary Use Permits, conditions may be imposed as necessary to reduce or minimize any potential adverse impact upon adjacent property. Conditions shall relate to an impact created or aggravated by the proposed use and shall be roughly proportional to the impact. For example, any or all of the following conditions may be imposed: (a) (b) (c) (d) (e) (f) (g) (h) (i) Provision of temporary parking facilities, including vehicular access, ingress, and egress; Control of nuisance factors such as, but not limited to, the prevention of glare or direct illumination of adjacent properties, dirt, dust, gases, heat, noise, odors, smoke and vibrations; Limits on temporary buildings, facilities and structures, including height, placement and size, and location of equipment and open spaces, including buffer areas and other setbacks; Provision of medical and sanitary facilities; Provision of solid waste collection and disposal; Provision of safety and security measures; Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested or specified in this Section; Submission of a performance bond or other financial guarantee to ensure that any temporary buildings, facilities or structures used for such proposed temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition; and Other conditions deemed appropriate by the City Administrator. n addition to the Temporary Use Regulations provided in Code of Ordinances, Sec. 56-8, the following are requirements for Temporary Housing (as approved by the City Council on 1/22/13 and amended on 8/12/14, 8/11/15 and 8/25/15): Temporary Housing is defined as: Housing for individuals or families, on a temporary basis, either in pre-fabricated, self-contained modular structures with other amenities, OR individual selfcontained recreational vehicles, not including tents, truck campers or camper shells. Specifically for the purpose of this definition, Temporary Housing may also be referred to as crew-camp housing, work force housing, congregate residence or employee housing. Residents living within the temporary housing may be employed solely by one company, industry or project or may be employed by a variety of employers. Temporary Housing, self-contained is defined as: Temporary Housing that does not require connection to city utilities, is served by an independent waste water and freshwater delivery service, and that includes sleeping, cooking, dining, toilet and shower facilities, contained within an individual RV or contained within individual or multiple modular structures. 1. Temporary Housing is permitted only on land currently (as of the date of approval of these regulations) zoned C-2 Commercial District and R-R Rural Residential District, with a minimum of two acres for the temporary housing area, and where primary access to the area of Temporary Housing is from an Arterial Street, as defined in the Code of Ordinances. 2. The land on which a Temporary Housing Use is permitted 58 shall be properly addressed for 911 purposes. 11/14/16 58

59 Temporary Use Application Page 5 of 6 3. Temporary Housing shall be connected to city water and sewer utilities or completely self-contained, except for electrical service, which shall be obtained from the service provider. All electrical work must be conducted by a licensed electrician and City electrical permits and inspections are required. The use of generators is prohibited except in an emergency power outage situation. 4. A site plan shall be provided that identifies: a. the location of all pre-fabricated modular units and/or RV spaces with required setbacks and spacing between units; and b. ingress and egress locations (a minimum of 2 with a minimum width of 24 each); and c. vehicular drive aisles - minimum width of 24 with no on-street parking, minimum chip seal or gravel paving and graded to prevent ruts, muddy and dangerous driving surfaces; and d. emergency access and turn around, if necessary, (minimum 8 diameter); and e. parking spaces (1-9 x18 space per sleeping unit or recreational vehicle space); and f. visitor parking spaces (1 9 x18 space for every 4 sleeping units) in designated visitor parking area; and g. the location of amenities such as park areas, swimming pool, picnic tables and/or recreational activity areas, if provided. h. a utility plan that shows the location, size and details of all lines located on the site as well as connections to temporary housing and any connections to city utilities. 5. A grading and drainage plan is not required because permanent changes to the site, including grading, are not permitted. 6. A minimum 4 tall perimeter fence shall surround the area of the site utilized for temporary housing and parking area. The purpose of this fence is to define the temporary housing area and to prevent litter and debris from blowing onto adjacent land. A building permit for the fence is required. 7. A 2 set back from this fence shall be maintained free of obstructions at all times. 8. A minimum 1 clear separation between all temporary structures shall be maintained at all times. 9. A minimum 1 clear separation between all RV spaces shall be maintained at all times. 1. A minimum 3 set-back from the front property line shall be maintained. This area may be used for landscaping or parking but may not be used for temporary housing units or RV spaces. 11. f not connecting to City sewer facilities, a copy of a NMED approved Sanitation Plan shall be provided to the City. At a minimum, the Sanitation Plan shall indicate the type of service (storage tank, septic system, daily pick up, etc.) and the sanitary service provider s name and contact information, type of sanitary services provided (grey water, black water, fresh water, litter control, trash collection), the schedule or frequency for such service provision, and the responsible party for immediate clean up if a spill occurs. All temporary housing units and/or RVs must be provided sanitary service on a regular basis, as needed, and identified in the Sanitation Plan. 12. The Sanitation provider shall comply with all Federal, State, and Local regulations including obtaining a permit from the City Wastewater Department. 13. Permission to connect to City water and/or sewer facilities is dependent upon approval from the Utilities Department Director. The Director may require detailed plans regarding the size and location of the lines and connections. The developer is responsible for costs associated with the installation of, and connection to, the City facilities, both within the public right-of-way, if applicable, and within the private property used for the temporary housing. All construction work, including connections, will require the proper City permits and inspections will be conducted by the City in order to protect the health, safety and welfare of future temporary housing residents. 14. Temporary Housing shall not be located within a floodway as delineated on the City s Flood nsurance Rate Maps. 15. City Code Enforcement personnel may conduct unscheduled periodic inspections of the temporary housing use to ensure regulations and conditions are met. 16. f all of the requirements are met, staff shall forward the request to the Planning and Zoning Commission for their recommendation to the City Council. The City Council shall make the final decision regarding the issuance of a Temporary Use Permit for Temporary Housing. The City Council may approve a permit for up to five years. The Planning Director may renew a permit for up to an additional five years, if it is determined that the need for temporary housing still exists. f renewal is requested by an applicant, City staff will verify if a need still exists by contacting permitted RV Parks and mobile home parks to assess vacancy rates. 17. A Temporary Use Permit for Temporary Housing may be revoked by the City Administrator upon finding that: a. the temporary housing is unsafe b. the housing or grounds are unsanitary c. crime or safety issues are prevalent 18. f approved, you are required to contact the City Clerk to obtain a lodger s tax application. 19. Water and sewer fees will be based on the number of spaces approved by City Council, not the number of occupied spaces. 2. An approved Temporary Use Permit for Temporary Housing runs with the land and is transferrable to the new land owner for the remainder of the permit timeframe. After expiration of the permit, the new owner may apply for a renewal, as provided for in item #16 above. 21. The permit period begins when the first unit is placed on-site. The permit period ends as specified by the City Council and renewals expire as specified by the Planning Director /14/16 59

60 Temporary Use - Temporary Housing National Parks Hwy SAN JOSE BLVD 384 NATONAL PARKS HWY W SAN JOSE BLVD Feet 6/15/218

61 DEPARTMENT: Planning, Engineering & Regulation CTY OF CARLSBAD AGENDA BREFNG MEMORANDUM PLANNNG AND ZONNG COMMSSON BY: Jeff Patterson, Planning Director DATE: 6/19/218 Meeting Date: 7/2/218 SUBJECT: Consider allowing Temporary Housing as a Temporary Use at 6 Kircher Street, legally described as Petroleum Park Unit Three, Lot 16, Zoned C-2 Commercial 2 District, in accordance with Sec and as approved by the City Council 1/22/13. Applicant/Owner: William Walker PO Box 3234 Carlsbad, NM *There are no special notification requirements for Temporary Use Permits. SYNOPSS, HSTORY AND MPACT (SAFETY AND WELFARE/FNANCAL/PERSONNEL/NFRASTRUCTURE/ETC.): Due to the growth in the oil, gas, mining and energy sectors in recent years, southeastern New Mexico has seen an unprecedented increase in the demand for workforce and temporary housing. The existing housing market in Carlsbad continues to be insufficient to meet the needs of the current workforce. n an attempt to address this issue, in October 213, the City Council approved temporary housing as one of the uses eligible for a Temporary Use Permit. f approved, in addition to the standard regulations for temporary uses, temporary housing must meet the Council-approved definition for temporary housing (see below) and the criteria described in the Temporary Use Application. Temporary Housing. Housing for individuals or families, on a temporary basis, either in pre-fabricated, completely self-contained modular structures consisting of sleeping quarters, dining facilities, laundry facilities, restroom facilities and other amenities, OR individual self-contained recreational vehicles, not including tents. Specifically for the purpose of this definition, Temporary Housing may also be referred to as crew-camp housing, work force housing, congregate residence or employee housing. Residents living within the temporary housing may be employed solely by one company, industry or project or may be employed by a variety of employers. A stipulation of the Temporary Housing permit Sec is that the property proposed be at least 2 acres as a whole in area. The subject property is close to 3.28 acres. The applicant s site-plan indicates how the applicant plans to connect to the City s water main and sewer main along Meters and Sewer cleanouts. The site-plan also shows how the water and sewer lines within the property will serve the RV spaces being created. The site plans shows the general layout of the park, as well as indicating the ingress/egress locations. Required setbacks are indicated along with the required space sizes for RV spaces. Trash dumpsters will be located along Kircher St. The location of these dumpsters will need approval from the City s Solid Waste Dept. A perimeter fence is also appears on the site-plan. The siteplan indicates 54 RV spaces. The applicant has also provided electrical plans for review by the City s Electrical nspector. Recent predictions are that the regional economy is expected to continue to grow for many more years. The proposed use is intended to address the need for housing temporary workers that have relocated to Carlsbad. PLANNNG STAFF RECOMMENDATON: Based on review of the application materials and other staff comments, the Planning Dept. recommends approval of this request. 61

62 DEPARTMENT RECOMMENDATON (please check): Approval Denial n/a Approval Denial n/a Public Works X Plng., Eng. & Reg. Dept: Fire Department X Code Enforcement Division X Legal Department X Engineering Services X Police Department X Planning Division X Utilities Department X/cond Building & Regulation Division X Culture & Rec. Dept. X Carlsbad rrigation District X 62 DEPARTMENT COMMENTS: Public Works: No comments. Utilities Department: 6 Kircher 1. Developer will need to coordinate with the utilities dept. to determine water meter location and sizing. Building Department: Recommend approval based on need and nature of use of the surrounding area. Fire Department: No comments. Code Enforcement: No comments. Legal Department: No comments. Planning Department: Recommend approval. Police Department: Approved; Reviewed application. No comments or questions Culture & Rec. Department: No comments. Engineering Services: Carlsbad rrigation District: CD does not object to these applications because the applications do not affect our operations. City Administration: No Comments ATTACHMENTS: application materials, site plan and map 62

63 Temporary Use Application Page of 6 '. i :. ~ ~ '., ',. --~- :_ "--:::--'., ' ; Rec ~ipt f~te Swmp MAY 1~. : n. t r; :,~,-, i"' ~ r '~" -~g, 'iii: 63 CTY OF CARLSBAD Planning, Engineering, and Regulation Department PO Box 1569, Carlsbad, NM Phone (57 5) Fax (575) TYPE OF USE REQUESTED: Carnival, Circus, Fair, Public Event Parking Lot Sale Garage, Estate, Yard Sale Natural Disaster, Emergency Personal Assistance Location Real Estate Sales Office j' Temporary Housing Other APPLCANT NFORMATON: {AJ //;&~ NAJ\E la Jt. Kt r ADDRESS PROPERTY OWNER NFORMATON* (F DFFERENT FROMAPPUCAN): NAME ADDRESS CTY STATE ZP PHONE E!vL\L *A signed affidavit from the property owner(s), consenting to submittal of the application, must be included with the application. LEGAL DESCRPTON AND/OR STREET ADDRESS OF PROPERTY (FOR WHCH TEMPORARY USE S REQUESTED): bod l4,1rcber- CacbkJ N-tY\; x~-re.ot. -ttfy1. :P-A-k.t;: UMT -r-1:1~ Ltff 1'-1 ADDREss LOT BLOCK SUBDVSON ZONNG 63

64 Temporary Use Application Page 2 of 6 64 Description and Duration of Temporary Use: lo be v~ej 45 T ~~ RtJ Pork :)- D '/ r-.s. Site Plan: DApproved D Approved with Conditions DDenied By: Approval Date:----- Pe:tmit Expiration Date: Conditions of approval: 64

65 Temporary Use Application Page 3 of 6 65 SEC TEMPORARY USES. (a) (b) Allowed Uses. Temporary uses shall be allowed in accordance with the standards of the zoning district and this subsection. These uses require written permission from the property owner and an approved Temporary Use Permit from the Planning Director and in some cases a Business Registration, unless otherwise expressly permitted or allowed. 1. Carnivals, Circuses, Fairs and Public Events. Carnivals, circuses, fairs and public events shall only be approved by the City Council on a case by case basis and shall be in accordance with all applicable regulations. Permission of the property owner is required. 2. Garage, estate and yard sales. Garage, estate and yard sales require a Temporary Use Permit but do not require a business registration and may be conducted, but shall comply with the following minimum requirements: (a) (b) (c) (d) (e) (f) There shall be no more than two such activities per residence per twelve month period; Each sale shall begin and end within a consecutive seventy-two hour (72 hr.) period; Sales shall be conducted on the property of the person selling the goods. Multiple home sales must be held on the property of one or more of the participants; No goods purchased for resale may be offered for sale or sold and no consignment goods may be offered for sale or sold; Directional and advertising signs shall not be located in the public right-of-way or attached to utility poles or other structures located in the public right-of-way; and All directional or advertising signs shall be removed within twenty-four hours (24 hrs.) of the completion of the sale. 3. Natural Disaster and Emergency Personal Assistance Locations. Temporary uses and structures needed to provide personal services as the result of a natural disaster or other health and safety emergency are allowed for the duration of the emergency and do not require a temporary use permit or business registration. 4. Parking Lot Sales. Permission of the property owner is required for parking lot sales. Parking lot sales may include the sale of rugs, blankets, fruits, vegetables, and other such items. Parking lot sales are allowed in the parking lot of a permitted structure or use in the C-1, C-2, and zoning districts for up to thirty (3) consecutive days at a time. 5. Real Estate Sales Offices. Sales offices are allowed on development sites in any zone until all lots or houses are sold. Use of the sales office for lots or homes outside of the project area is prohibited. 6. Other Uses. The Planning and Zoning Commission may approve other temporary uses and activities or special events. Such uses shall not jeopardize the health, safety or general welfare, or be injurious or detrimental to properties near the proposed location of the activity. Such uses shall comply with all applicable ordinances, laws, rules, regulations, codes and policies. General Regulations. 1. All temporary uses shall comply with the provisions of this Section: (a) (b) (c) (d) (e) 2. Approval Criteria. Permanent changes to the site are prohibited; Permanent signs are prohibited. All temporary signs associated with the temporary use shall comply with all applicable ordinances, laws, rules, regulations, codes and policies and shall be placed no more than seventy-two hours (72 hrs.) in advance of the event, and shall be removed within twenty-four hours (24 hrs.) of the end of the event; Temporary uses shall not violate any applicable conditions of approval that apply to the principal use on the site; All other required permits and licenses, such as health department permits, shall be obtained; and Temporary uses shall be subject to site plan review as required by the Temporary Use Permit process. 11/14/16 65

66 Temporary Use Application Page 4 of 6 The Planning Director may approve a Temporary Use Permit if it is determined that all of the following conditions are met: (a) (b) (c) (d) (e) 3. Conditions of Approval. That the proposed site is adequate in size and shape to accommodate the temporary use; That the proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary use will or could reasonably generate; That adequate parking to accommodate vehicular traffic to be generated by such use will be available either on-site or at alternate locations (with an approved alternative parking plan); That the operation of the requested use at the location proposed and within the time period specified will not endanger, jeopardize or otherwise constitute a menace to the public health, safety or general welfare; and All other required permits have been obtained. n approving Temporary Use Permits, conditions may be imposed as necessary to reduce or minimize any potential adverse impact upon adjacent property. Conditions shall relate to an impact created or aggravated by the proposed use and shall be roughly proportional to the impact. For example, any or all of the following conditions may be imposed: (a) (b) (c) (d) (e) (f) (g) (h) (i) Provision of temporary parking facilities, including vehicular access, ingress, and egress; Control of nuisance factors such as, but not limited to, the prevention of glare or direct illumination of adjacent properties, dirt, dust, gases, heat, noise, odors, smoke and vibrations; Limits on temporary buildings, facilities and structures, including height, placement and size, and location of equipment and open spaces, including buffer areas and other setbacks; Provision of medical and sanitary facilities; Provision of solid waste collection and disposal; Provision of safety and security measures; Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested or specified in this Section; Submission of a performance bond or other financial guarantee to ensure that any temporary buildings, facilities or structures used for such proposed temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition; and Other conditions deemed appropriate by the City Administrator. n addition to the Temporary Use Regulations provided in Code of Ordinances, Sec. 56-8, the following are requirements for Temporary Housing (as approved by the City Council on 1/22/13 and amended on 8/12/14, 8/11/15 and 8/25/15): Temporary Housing is defined as: Housing for individuals or families, on a temporary basis, either in pre-fabricated, self-contained modular structures with other amenities, OR individual selfcontained recreational vehicles, not including tents, truck campers or camper shells. Specifically for the purpose of this definition, Temporary Housing may also be referred to as crew-camp housing, work force housing, congregate residence or employee housing. Residents living within the temporary housing may be employed solely by one company, industry or project or may be employed by a variety of employers. Temporary Housing, self-contained is defined as: Temporary Housing that does not require connection to city utilities, is served by an independent waste water and freshwater delivery service, and that includes sleeping, cooking, dining, toilet and shower facilities, contained within an individual RV or contained within individual or multiple modular structures. 1. Temporary Housing is permitted only on land currently (as of the date of approval of these regulations) zoned C-2 Commercial District and R-R Rural Residential District, with a minimum of two acres for the temporary housing area, and where primary access to the area of Temporary Housing is from an Arterial Street, as defined in the Code of Ordinances. 2. The land on which a Temporary Housing Use is permitted 66 shall be properly addressed for 911 purposes. 11/14/16 66

67 Temporary Use Application Page 5 of 6 3. Temporary Housing shall be connected to city water and sewer utilities or completely self-contained, except for electrical service, which shall be obtained from the service provider. All electrical work must be conducted by a licensed electrician and City electrical permits and inspections are required. The use of generators is prohibited except in an emergency power outage situation. 4. A site plan shall be provided that identifies: a. the location of all pre-fabricated modular units and/or RV spaces with required setbacks and spacing between units; and b. ingress and egress locations (a minimum of 2 with a minimum width of 24 each); and c. vehicular drive aisles - minimum width of 24 with no on-street parking, minimum chip seal or gravel paving and graded to prevent ruts, muddy and dangerous driving surfaces; and d. emergency access and turn around, if necessary, (minimum 8 diameter); and e. parking spaces (1-9 x18 space per sleeping unit or recreational vehicle space); and f. visitor parking spaces (1 9 x18 space for every 4 sleeping units) in designated visitor parking area; and g. the location of amenities such as park areas, swimming pool, picnic tables and/or recreational activity areas, if provided. h. a utility plan that shows the location, size and details of all lines located on the site as well as connections to temporary housing and any connections to city utilities. 5. A grading and drainage plan is not required because permanent changes to the site, including grading, are not permitted. 6. A minimum 4 tall perimeter fence shall surround the area of the site utilized for temporary housing and parking area. The purpose of this fence is to define the temporary housing area and to prevent litter and debris from blowing onto adjacent land. A building permit for the fence is required. 7. A 2 set back from this fence shall be maintained free of obstructions at all times. 8. A minimum 1 clear separation between all temporary structures shall be maintained at all times. 9. A minimum 1 clear separation between all RV spaces shall be maintained at all times. 1. A minimum 3 set-back from the front property line shall be maintained. This area may be used for landscaping or parking but may not be used for temporary housing units or RV spaces. 11. f not connecting to City sewer facilities, a copy of a NMED approved Sanitation Plan shall be provided to the City. At a minimum, the Sanitation Plan shall indicate the type of service (storage tank, septic system, daily pick up, etc.) and the sanitary service provider s name and contact information, type of sanitary services provided (grey water, black water, fresh water, litter control, trash collection), the schedule or frequency for such service provision, and the responsible party for immediate clean up if a spill occurs. All temporary housing units and/or RVs must be provided sanitary service on a regular basis, as needed, and identified in the Sanitation Plan. 12. The Sanitation provider shall comply with all Federal, State, and Local regulations including obtaining a permit from the City Wastewater Department. 13. Permission to connect to City water and/or sewer facilities is dependent upon approval from the Utilities Department Director. The Director may require detailed plans regarding the size and location of the lines and connections. The developer is responsible for costs associated with the installation of, and connection to, the City facilities, both within the public right-of-way, if applicable, and within the private property used for the temporary housing. All construction work, including connections, will require the proper City permits and inspections will be conducted by the City in order to protect the health, safety and welfare of future temporary housing residents. 14. Temporary Housing shall not be located within a floodway as delineated on the City s Flood nsurance Rate Maps. 15. City Code Enforcement personnel may conduct unscheduled periodic inspections of the temporary housing use to ensure regulations and conditions are met. 16. f all of the requirements are met, staff shall forward the request to the Planning and Zoning Commission for their recommendation to the City Council. The City Council shall make the final decision regarding the issuance of a Temporary Use Permit for Temporary Housing. The City Council may approve a permit for up to five years. The Planning Director may renew a permit for up to an additional five years, if it is determined that the need for temporary housing still exists. f renewal is requested by an applicant, City staff will verify if a need still exists by contacting permitted RV Parks and mobile home parks to assess vacancy rates. 17. A Temporary Use Permit for Temporary Housing may be revoked by the City Administrator upon finding that: a. the temporary housing is unsafe b. the housing or grounds are unsanitary c. crime or safety issues are prevalent 18. f approved, you are required to contact the City Clerk to obtain a lodger s tax application. 19. Water and sewer fees will be based on the number of spaces approved by City Council, not the number of occupied spaces. 2. An approved Temporary Use Permit for Temporary Housing runs with the land and is transferrable to the new land owner for the remainder of the permit timeframe. After expiration of the permit, the new owner may apply for a renewal, as provided for in item #16 above. 21. The permit period begins when the first unit is placed on-site. The permit period ends as specified by the City Council and renewals expire as specified by the Planning Director /14/16 67

68 68 WW CONSTRUCTON TEMPORARY RV PARKS 91 DEL RO ST 712 KRCHER ST 6 KRCHER ST CARLSBAD, NM PRELMNARY REVEW CONSTRUCTON PLANS PACKET NCLUDES: 1. TTLE SHEET 2. GENERAL NOTES 3. STE OVERVEW 4. STE LAYOUT PLANS 5. STE UTLTY PLANS 68

69 69 GENERAL CONSTRUCTON NOTES: ADDTONAL NOTES: 1. CONSTRUCTON SPECFCATONS: UNLESS OTHERWSE STATED OR SHOWN N THE 1. ALL SURFACES TO BE HARD PACKED WTH GRAVEL. PROJECT PLANS, ALL WORK PERFORMED AND MATERALS PROVDED SHALL COMPLY WTH THE REQUREMENTS SET FORTH N THE CTY OF CARLSBAD PUBLC NFRASTRUCTURE SPECFCATONS, UNLESS NOT SET FORTH N WHCH CASE ALL OTHER WORK SHALL COMPLY WTH THE NEW MEXCO STANDARD SPECFCATONS FOR PUBLC WORKS CONSTRUCTON, LATEST ADDTON. 2. OSHA. T S THE CONTRACTORS RESPONSBLTY TO KNOW AND COMPLY WTH THE OCCUPATONAL SAFETY AND HEALTH ACT OF 197 OR LATEST ADDTON THEREOF. ""'" 3. DSPOSAL STES. THE CONTRACTOR SHALL BE RESPONSBLE FOR OBTANNG DSPOSAL < STES THAT ARE ENVRONMENTALLY SUTABLE FOR DSPOSAL OF TEMS NOT SPECFED TO BE SALVAGED. THE CONTRACTOR S EXPECTED TO ABDE BY ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATONS N OBTANNG THE NECESSARY PERMTS FROM ALL APPLCABLE AGENCES AND/OR PRVATE PROPERTY OWNERS. ALL COSTS ASSOCATED "' LO WTH OBTANNG THESE PERMTS SHALL BE NCDENTAL TO THE COMPLETON OF THE PROJECT AND NO DRECT MEASURE OR PAYMENT SHALL BE MADE THEREFORE. "' LOC) THE CONTRACTOR SHALL PROVDE THE PROJECT MANAGER WTH COPES OF ALL z PERTNENT NFORMATON, AGREEMENTS, AND PERMTS RELATED TO DSPOSAL STE UTLZED. BORROW MATERAL, ROCK WASTE, AND VEGETATVE DEBRS CANNOT BE PLACED N WETLANDS, ARROYOS, OR AREAS THAT MAY MPACT THREATENED OR ENDANGERED SPECES. ARCHAEOLOGCAL AND ENVRONMENTAL CLEARANCES MUST BE OBTANED BEFORE DSPOSAL OR REMOVAL OF WORK BY THE CONTRACTOR. 4. EPA STORM WATER DSCHARGE REGULATONS. THE CONTRACTOR S RESPONSBLE FOR >O COMPLANCE TO APPLCABLE PORTONS OF THE EPA STORM WATER DSCHARGE REGULATONS. ~~-- 5. DUST ABATEMENT. THE CONTRACTOR SHALL USE WATERNG EQUPMENT FOR DUST >- POLLUTON ABATEMENT AS REQURED OR AS DRECTED BY THE ENGNEER. THE ::::::::> CONTRACTOR SHALL BE RESPONSBLE FOR LOCATNG AND SUPPLYNG WATER. THS WORK SHALL BE CONSDERED NCDENTAL TO CONSTRUCTON. 6. VERFCATON. CONTRACTOR SHALL VERFY ALL EXSTNG ELEVATONS SHOWN ON PLANS ocn AND REPORT ANY DSCREPANCES TO ENGNEER MMEDATELY. a.z 7. EXSTNG UTLTES. ALL EXSTNG UTLTES SHOWN ARE APPROXMATE LOCATON ONLY. T S THE CONTRACTORS RESPONSBLTY TO LOCATE UTLTES N THE FELD, PROR TO ~ CONSTRUCTON, SO THAT GRADE ADJUSTMENTS CAN BE MADE BY DESGN wo PROFESSONAL F NECESSARY. 1-s 8. ABUTTNG NEW PAVEMENT TO EXSTNG. WHEN ABUTTNG NEW PAVEMENT TO EXSTNG, CUT EXSTNG PAVEMENT TO A NEAT STRAGHT LNE AS REQURED TO REMOVE ANY zw BROKEN OR CRACKED PAVEMENT AND MATCH NEW TO EXSTNG. NO SEPARATE o- PAYMENT WLL BE MADE FOR CUTTNG EXSTNG PAVEMENT BUT SHALL BE CONSDERED -> NCDENTAL TO THE PROJECT. CUTTNG OF PAVEMENT SHALL BE N CONFORMANCE 1-W WTH THE PLANS AND SPECFCATONS. ::: 9. TRAFFC CONTROL DEVCES. ALL TRAFFC CONTROL DEVCES NSTALLED OR USED DURNG THE CONSTRUCTON OF THS PROJECT SHALL CONFORM TO THE "MANUAL ON ~& UNFORM TRAFFC CONTROL DEVCES," LATEST EDTON. THE CONTRACTOR SHALL 1-<( PREPARE AND SUBMT FOR APPROVAL BY THE ENGNEER, TAAFFC CONTROL PLAN AND cnz PROJECT SCHEDULE PROR TO THE PRE-CONSTRUCTON CONFERENCE. THE Z- CONTRACTOR S RESPONSBLE FOR MANTANNG ALL TRAFFC CONTROL DEVCES 24 HRS A DAY AND SHALL PROVDE THE NAME AND PHONE NUMBER OF THE CONTACT ~ PERSON TO THE CTY, AND ENGNEER. 1. CONSTRUCTON SGN MANTENANCE. THE CONTRACTOR SHALL BE RESPONSBLE FOR MANTANNG CONSTRUCTON SGNS, BARRCADES ETC., FOR THE COMPLETON OF THE PROJECT AND SHALL HAVE PERSONNEL AVALABLE AT ALL TMES TO REPAR AND/OR REPLACE SGNS AND BARRCADES ETC. THERE WLL BE NO DRECT COMPENSATON FOR THS SERVCE. 11. UTLTY LOCATON. CONTRACTOR S RESPONSBLE FOR FELD VERFCATON OF LOCATON AND ELEVATON OF ALL EXSTNG UTLTES. 12. SUBGRADE. ALL SUBGRADE AND TRENCH BACKFLL SHALL BE COMPACTED TO 95% ASTM D ALL SUBGRADE AND BACKFLL SHALL BE COMPACTED N MAXMUM 8' - co LOOSE LFTS. MOSTURE CONTENT AT THE TME OF COMPACTON SHALL NOT EXCEED OPTMUM OR BE LESS THAN 5 PERCENTAGE PONTS BELOW OPTMUM. DRVEWAYS, T"" APRONS, FLLETS, CURB AND GUTTER, AND OTHER CONCRETE PAVEMENT SHALL BE 1'- T"" PLACED ON 6" OF COMPACTED SUBGRADE. 69 ~::s ~a. o..z ~~ Q::i ~~ io

70 7 MER 'F '-3" ""j EXSTNG 6' FENCE PROPERTY LNE '" TOR!lfP oo 11. \l. 11. f"rl< lng ~ ~ \ 685'.5% "SAS.,\ \ \\:,\ \ ~ ~~1Kr~~~~~~~~~~~~~~~~-\~~~~~ ~P~ ~ 7 ~. ~ 'llll v j \. TOR F RKNC 712'.5% 'SAS ~2' f.-3'~ '-S' j b T 2' ~CO"'-'".. '-... pp PROPERT line EXSTNG 8" SAS ~ pp pp ElECTRC POWER POLE 1:> 5 AMP RV PEDESTAL NGHT lite, CAMERA, WF D ~g MAN HOLE 8" SEWER l ClEANOUT - NEW 3" WATER z ~ :::> ::: ~ z C) ~ C/) LU ~ C/) 1i: (.!) z Ci5 :::> :r >o ::: ~~ a.r r5~ l-1 EXSTNG 6' FENCE PROPERTY LNE t '-5"

71 1:3,3 Address Verification Petroleum Park 71 Map# 1365_ed1!Lot ~'1, Legend Address j.....,_ Feet 1, c::j Parcel Roads 71 MPORTANT: Maps, products l!nd data are NOT surveyor quahty and are only to be used as a reference.

72 72 J 2A 2 POLE \., BREAKER J 2A 2 POLE (_ BREAKER 2A 2 POLE BREAKER ~ 1~~ 1 ~;~ 1~~i~gxv Pad Mt Trfrnr 3-5 AL PER PHASE t 3 _- 3/ AL NEUTRAL PER 25.12(C) (1) 25.24(C) (2) o 3 4" PVC CONDUT SODA CT PANEL 2A ; 2 POLE \_ BREAKER J 2A 2 POLE \_ BREAKER GENERAL NOTES: TO SODA CT CABNET: PROVDE AND NSTALL THREE (3) PARALLEL RUNS OF SOO KCML (AL) PER PHASE AND THREE (3) PARALLEL RUNS OF 3/ AWG (AL) NEUTRAL PROVDE AND NSTALL THREE (3) 4" PVC CONDUTS AT 8A CT CABNET: NSTALL THREE (3) 1/ AWG (CU) GROUNDNG ELECTRODE CONDUCTOR SZED PER NEC ARTCLE Z5.66 WTH ZO' OF BARE 1/ (CU) BURED, CONNECTED TO TWO (Z) 5/8" x 8' GROUND RODS WTH REQURED SEPARATON MNMUM 6' PER NEC ZS.66 (B) TO RV PEDESTALS: SEE LSTED CABLE SZES ON ONE LNE DRAWNG. NEUTRAL CONDUCTOR SZED SAME AS PHASE CONDUCTORS PER NEC 31S(S)(B) AT RV PEDESTALS: PROVDE AND NSTALL ONE (1) #4 AWG (CU) GROUNDNG ELECTRODE CONDUCTOR CONNECTED TO ONE (1) S/8" X B' GROUND ROD TYPCAL RV PEDESTAL CALCULATED AT 1ZOOOVA, EACH WTH (1) SOA, (1) 3A, (1) ZOA GFC RECEPTACLES PER ARTCLE AND USNG DEMAND FACTORS FROM NEC TABLE SS1.73(A) < 2-4/ AL 1-4/ AL 1-6 cu 1-2" PVC 2-4/ AL 1-4/ AL 1-6 cu 1-2" PVC 2-4/ AL 1-4/ AL 1-6 cu 1-2" PVC 2-4/ AL 1-4/ AL 1-6 cu 1-2" PVC / AL 1-4/ AL ~ 1-6 cu 1-2" PVC 2-4/ AL 1-4/ AL l - 6 cu 1-2" PVC 2 2-4/ AL 1-4/ AL 1-6 cu l-2" PVC 2-4/ AL l - 4/ AL 1-6 cu l-2" PVC / AL 1-4/ AL ~ 1-6 cu 1-2" PVC 2-4/ AL 1-4/ AL l - 6 cu 1-2" PVC 2 2-4/ AL 1-4/ AL 1-6 cu 1-2" PVC 2-4/ AL l - 4/ AL 1-6 cu 1-2" PVC / AL 1-4/ AL 1-6 cu 1-2" PVC 2-4/ AL 1-4/ AL l - 6 cu 1-2" PVC 3 2-4/ AL l - 4/ AL 1-6 cu 1-2" PVC / AL 1-4/ AL l - 6 cu 1-2" PVC 2-4/ AL 1-4/ AL 1-6 cu 1-2" PVC 2-4/ AL 1-4/ AL 1-6 cu 1-2" PVC 2-4/ AL l - 4/ AL 1-6 cu 1-2" PVC PEDESTAL SHALL BE NTEGRATED WTH CRCUT BREAKERS SERVNG EACH NSTALLED RECEPTACLE. COORDNATE EXACT CONNECTON REQUREMENTS WTH EQUPMENT PROVDER PROR TO ROUGH-N NSTALLATON. FAULT CURRENT: AT PEDESTALS: 8,963 AMPS AT BOOA METERS: 26, AMPS PANEL SCHEDULE (kva) PaneliO: RV- 1 Location: KRCHER RD- CARLSBAD Pro ect No.: W. W. CONSlRUCTlON Voltage: 28 V Phase: 3 Wire: 4 Main Disconnect: Lugs Only C: 26 ka RemarKs: PANELS ARE LABELED RV 1 - RV 3, with RV-1 Being Top Left on Layout, RV-2 being Top Right. and RV-3 being bottom center Brkr. Brkr. Ckt. Left Side, kva Right Side, kva Ckt Description Amp Amp Description No. No. Pole Pole A B c A B c RVS 212,, 212 4RVS RVS 212 4RVS 2/ "' RVS cr: >..-- Q) (.) > ro ::: c. _J (/') UJ z -.:1' Li'l ' <.( t: c.. ~ 2 w...j UJ 1ii!::: z t- t: f'.' (!) :::::i (.) (.) z -, UJ ~ UJ a: ro ~ a. c... Cl ~ ~ z DRAWN BY: JCK JOB NUMBER: _Billy Walker RV Park DATE: 4/21/218 SCALE: NTS Load Subtotal. Left (kva): Load Subtotal, Right (kva): Load Total (kva): SHEET: E1 ver 1 72

73 73, , , ,,l Xcel Energy GENERAL NOTES: 3ph 12/28V Pad Mt Trfmr TO 8A CT CABNET: PROVDE AND NSTALL THREE (3) PARALLEL RUNS OF SOO KCML (AL) PER PHASE AND THREE (3) PARALLEL RUNS OF 3/ AWG (AL] NEUTRAL PROVDE AND NSTALL THREE (3) 4" pvc CONDUTS 3-5 AL PER PHASE 2A 2 POLE BREAKER j 2A 2 POLE (. BREAl!:ER 3-3/ AL NEUTRAL PER (C) (1) (C) (2) ~ 3-4" PVC CONDUT BOOA CT PANEL j 2A 2 POLE (. BREAl!:ER j 2A 2 POLE (. BREAKER AT 8A CT CABNET: NSTALL THREE (3) 1/ AWG (CU) GROUNDNG ELECTRODE CONDUCTOR SZED PER NEC ARTCLE 2S.66 WTH ZO' OF BARE 1/ (CU) BURED, CONNECTED TO TWO (2) S/8" x 8' GROUND RODS WTH REQURED SEPARATON MNMUM 6' PER NEC 2S.66 (B) TO RV PEDESTALS: SEE LSTED CABLE SZES ON ONE LNE DRAWNG. NEUTRAL CONDUCTOR SZED SAME AS PHASE CONDUCTORS PER NEC 31S(S)(B) AT RV PEDESTALS: PROVDE AND NSTALL ONE (1) #4 AWG (CU) GROUNDNG ELECTRODE CONDUCTOR CONNECTED TO ONE (1) S/8" X 8' GROUND ROD TYPCAL RV PEDESTAL CALCUlATED AT 12VA, EACH WTH (1) SOA, (1) 3A, (1) 2A GFC RECEPTACLES PER ARTCLE 5S1.81 AND USNG DEMAND FACTORS FROM NEC TABLE (A) < 2-4/ AL l - 4/ AL 1-6 cu 1-2" PVC 2-4/ 1-4/ AL 1-6 cu 1-2" PVC 2-4/ AL 1-4/ AL 1-6 cu 1-2" PVC 2-4/ AL l - 4/ AL l - 6 cu 1-2" PVC 2-4/ AL 1-4/ AL 1-6 cu 1-2" PVC 2 2-4/ AL~ 1-4/ AL 1-6 cu 1-2" PVC 3 2-4/ ALl 1-4/ AL 1-6 cu 1-2" PVC 4 2-4/ AL l - 4/ AL 1-6 cu 1-2" PVC 2-4/ AL 1-4/ AL 1-6 cu 1-2" PVC 2-4/ AL l - 4/ AL 1-6 cu 1-2" PVC / AL 1-4/ AL 1-6CU ': 1-2" PVC ctj 2-4/ AL l - 4/ AL 1-6 cu 1-2" PVC 2-4/ AL 1-4/ AL 1-6 cu 1-2" PVC 2-4/ 1-4/ AL 1-6 cu 1-2" PVC / AL& 1-4/ AL 1-6 cu 1-2'' PVC 4 PEDESTAL SHALL BE NTEGRATED WTH CRCUT BREAKERS SERVNG EACH NSTALLED RECEPTACLE. COORDNATE EXACT CONNECTON REQUREMENTS WTH EQUPMENT PROVDER PROR TO ROUGH-N NSTALlATON. FAULT CURRENT: AT PEDESTALS: 8,963 AMPS AT 8A MfTERS: 26, AMPS PANEL SCHEDULE (kva) PaneliD: RV- 2 Location: KRCHER RD- CARLSBAD Project No.: W. W. CONSTRUCTON Voltage: 28 V Phase: 3 Wire: 4 Main Disconnect: Lugs Only!C: 26 ka Remarks: PANELS ARE LABELED RV 1 - RV 3,...,;th RV-1 Being Top Left on Layout, RV-2 being Top Right, and RV-3 being bottom center Brkr. Brl<r. Ckt Left Side, kva Right Side, kva Ckt. Description Amp Amp Description No. No. Pole Pole A B c A B c RVS 2/2 2/2 4 RVS 4 RVS 2/2 4 RVS 2/ ;:,,:: : 48.. ~- r.::. : :,, [~.~' :,, h"' ,,: > N a:: Q) (.J > ro n::: w z a. _J (J) "<t L() <( c:... ""B 2 w...j w f- Ci5 f= z c: (!) _J () z ~ w (.J "' w a ~~ ~ z a:.. DRAWN BY: JCK JOB NUMBER: _Billy Walker RV Pari< DATE: 4/21/218 SCALE: NTS Load Subtotal, Left (kva): Load Subtotal, Right (kva): Load Total (kva): SHEET: E2 ver1 73

74 74 Xcel Energy 3ph 12/28V Pad Mt Trfmr 5 AL PER PHASE 3/ AL NEUTRAL PER 25.12(C) (1) 25.24(C) (2) 4" PVC CONDUT GENERAL NOTES: TO BOOA CT CABNET: PROVDE AND NSTALL THREE (3) PARALLEL RUNS OF SOD KCML (AL) PER PHASE AND THREE (3) PARALLEL RUNS OF 3/ AWG (AL) NEUTRAL PROVDE AND NSTALL THREE {3) 4" PVC CONDUTS AT BOOA CT CABNET: NSTALL THREE (3) 1/ AWG (CU) GROUNDNG ELECTRODE CONDUCTOR SZED PER NEC ARTCLE 2SD.66 WTH 2' OF BARE 1/D (CU) BURED, CONNECTED TO TWO (2) S/B" x B' GROUND RODS WTH REQURED SEPARATON MNMUM 6' PER NEC (B) TO RV PEDESTALS: SEE LSTED CABLE SZES ON ONE LNE DRAWNG. NEUTRAL CONDUCTOR SZED SAME AS PHASE CONDUCTORS PER NEC 31S(S){B) AT RV PEDESTALS: PROVDE AND NSTALL ONE {1) 114 AWG (CU) GROUNDNG ELECTRODE CONDUCTOR CONNECTED TO ONE (1) S/B" X B' GROUND ROD 2A 2 POLE BREA!(ER TYPCAL RV PEDESTAL CALCULATED AT 12DOOVA, EACH WTH (1) SOA, (1) 3A, (1) 2A GFC RECEPTAClES PER ARTCLE SS1.B1 AND USNG DEMAND FACTORS FROM NEC TABLE SS1.73(A) 2-4/ AL 1-4/ AL 1-6 cu 1-2" PVC 2-4/ AL 1-4/ AL 1-6 cu 1-2" PVC 3 2-4/ AL > 1-4/ AL& 1-6 cu 1-2" PVC 4 2-4/ 1-4/ AL 1-6 cu 1-2" PVC 2-4/ 1-4/ AL 1-6 cu 1-2" PVC PEDESTAL SHALL BE NTEGRATED WTH CRCUT BREAKERS SERVNG EACH NSTALLED RECEPTACLE. COORDNATE EXACT CONNECTON REQUREMENTS WTH EQUPMENT PROVDER PROR TO ROUGH-N NSTALLATON. FAULT CURRENT: AT PEDESTALS: 8,963 AMPS AT SODA METERS: 26, AMPS r ~t PANEL SCHEDULE (kva) w,, location: KRCHER RD- CARLSBAD Project ~~~~~ ~~~~~~~~~~~--~~~~~~~~~~~.. No.: W. W. CONSTRUCTON ~ '" ~CL~ Phase: 3 Wire; 4 C: 26 ka and RV-3 being bottom center c :g 2 (ij DRAWN BY: w _J 1- ;::: (!) z ~ J c K C") ~ _J w z <( a.. w z ::J w z 4 RVS Description Ckt Brkr. Amp No. Pole 4 6 2/2 4RVS Description JOB NUMBER: _BHiy Walker_RV _Park 4RVS 4/21/218 4 RVS /2 2 RVS DATE: SCALE: NTS Load Subtotal. Leff (kva): Load Subtotal, Right (kva): Load Total (kva): SHEET: E3 ver1 74

75 Property Record Card Eddy Assessor 75 WALKER, WLLAM W P O BOX 3234 CARLSBAD, NM 8822 Value Summary Account: R11941 Tax Area: C_NR - CARLSBAD-N (Nonresidential) Acres:. Value By: Market Override Land (1) $1,467 N/A Total $1,467 $1,467 Parcel: Situs Address: DEL RO STREET Legal Description Subd: PETROLEUM PARK UNT THREE Lot: 16 LOT 16 MAP# 263- PP3-16 CAB# LOC W OF 415 DEL RO ST LOT SZE 25.13' X ' AVG Public Remarks Entry Date Model Remark 9/21/215 BOOK 139 PG 919 Land Occurrence 1 Property Code 2 - NON-RESDENTAL LAND Land Code 113_45 - Misc Land Vacant C - 45 Description Abstract Summary NON-RESDENTAL LAND Code Classification Actual Value Value Taxable Actual Value Taxable Value Override Override 2 NON-RESDENTAL LAND $1,467 $489 NA NA Total $1,467 $489 NA NA A#: R11941 P#: As of: 6/16/218 Page 1 of 1 75

76 Temporary Use - Temporary Housing - 6 Kircher St KRCHER ST Feet 6/15/218

77 DEPARTMENT: Planning, Engineering & Regulation CTY OF CARLSBAD AGENDA BREFNG MEMORANDUM PLANNNG AND ZONNG COMMSSON BY: Jeff Patterson, Planning Director DATE: 6/19/218 Meeting Date: 7/2/218 SUBJECT: Consider allowing Temporary Housing as a Temporary Use at 712 Kircher Street, legally described as Petroleum Park Unit Three, Lot 14 Zoned C-2 Commercial 2 District, in accordance with Sec and as approved by the City Council 1/22/13. Applicant/Owner: William Walker PO Box 3234 Carlsbad, NM *There are no special notification requirements for Temporary Use Permits. SYNOPSS, HSTORY AND MPACT (SAFETY AND WELFARE/FNANCAL/PERSONNEL/NFRASTRUCTURE/ETC.): Due to the growth in the oil, gas, mining and energy sectors in recent years, southeastern New Mexico has seen an unprecedented increase in the demand for workforce and temporary housing. The existing housing market in Carlsbad continues to be insufficient to meet the needs of the current workforce. n an attempt to address this issue, in October 213, the City Council approved temporary housing as one of the uses eligible for a Temporary Use Permit. f approved, in addition to the standard regulations for temporary uses, temporary housing must meet the Council-approved definition for temporary housing (see below) and the criteria described in the Temporary Use Application. Temporary Housing. Housing for individuals or families, on a temporary basis, either in pre-fabricated, completely self-contained modular structures consisting of sleeping quarters, dining facilities, laundry facilities, restroom facilities and other amenities, OR individual self-contained recreational vehicles, not including tents. Specifically for the purpose of this definition, Temporary Housing may also be referred to as crew-camp housing, work force housing, congregate residence or employee housing. Residents living within the temporary housing may be employed solely by one company, industry or project or may be employed by a variety of employers. A stipulation of the Temporary Housing permit Sec is that the property proposed be at least 2 acres as a whole in area. The subject property is close to 3.27 acres. The applicant s site-plan indicates how the applicant plans to connect to the City s water main and sewer main along Meters and Sewer cleanouts. The site-plan also shows how the water and sewer lines within the property will serve the RV spaces being created. The site plans shows the general layout of the park, as well as indicating the ingress/egress locations. Required setbacks are indicated along with the required space sizes for RV spaces. Trash dumpsters will be located along Kircher St. The location of these dumpsters will need approval from the City s Solid Waste Dept. A perimeter fence is also appears on the site-plan. The siteplan indicates 54 RV spaces. The applicant has also provided electrical plans for the park for review by the City s Electrical inspector. Recent predictions are that the regional economy is expected to continue to grow for many more years. The proposed use is intended to address the need for housing temporary workers that have relocated to Carlsbad. PLANNNG STAFF RECOMMENDATON: Based on review of the application materials and other staff comments, the Planning Dept. recommends approval of this request. 77

78 DEPARTMENT RECOMMENDATON (please check): Approval Denial n/a Approval Denial n/a Public Works X Plng., Eng. & Reg. Dept: Fire Department X Code Enforcement Division X Legal Department X Engineering Services X Police Department X Planning Division X Utilities Department X/cond Building & Regulation Division X Culture & Rec. Dept. X Carlsbad rrigation District X 78 DEPARTMENT COMMENTS: Public Works: No comments. Utilities Department: 712 Kircher 1. Developer will need to coordinate with the utilities dept. to determine water meter location and sizing. Building Department: Recommend approval based on need and nature of use of the surrounding area. Fire Department: No comments. Code Enforcement: No comments. Legal Department: No comments. Planning Department: Recommend approval. Police Department: Approved; Reviewed application. No comments or questions. Culture & Rec. Department: No comments. Engineering Services: Carlsbad rrigation District: City Administration: No Comments ATTACHMENTS: application materials, site plan and map 78

79 Temporary Use Application Page of 6 79 CTY OF CARLSBAD Planning, Engineering, and Regulation Department PO Box 1569, Carlsbad, NM Phone (575) Fax (575) TYPE OF USE REQUESTED: Carnival, Circus, Fair, Public Event Parking Lot Sale Garage, Estate, Yard Sale Natural Disaster, Emergency Personal Assistance Location APPLCANT u NFORMATON: LLa$ ulvjke~p"" ADDRESS Real Estate Sales Office ~ Temporary Housing Other C1Y STATE ZP PHONE PROPERTY OWNER NFORMATON* (F DFFERENT FROM APPLCAN'): NAME ADDRESS C1Y STATE ZP PHONE EJ;AL *A signed affidavit from the property owner(s), consenting to submittal of the application, must be included with the application. LEGAL DESCRPTON AND/OR STREET ADDRESS OF PROPERTY (FORWHCHTEMPORARY USE S REQUESTED): '2J J. l<, nle r ADDRESS Car J dx~cj NVV\, -lot?fl~wj i?ar.k UNiC7J--"fT",UJ7 /p BLOCK SUBDVSON ZONNG 79

80 Temporary Use Application Page 2 of 6 8 Description and Duration oftemporru.y Use: To be used \S Te(V\(bro.J7 Rv ~.ll. s--d yr.j Site Plan: ft lt-ac-hed DApproved Approved with Conditions DDenied By: Approval Date:----- Permit Expiration Date:----- Conditions of approval: 8

81 Temporary Use Application Page 3 of 6 81 SEC TEMPORARY USES. (a) (b) Allowed Uses. Temporary uses shall be allowed in accordance with the standards of the zoning district and this subsection. These uses require written permission from the property owner and an approved Temporary Use Permit from the Planning Director and in some cases a Business Registration, unless otherwise expressly permitted or allowed. 1. Carnivals, Circuses, Fairs and Public Events. Carnivals, circuses, fairs and public events shall only be approved by the City Council on a case by case basis and shall be in accordance with all applicable regulations. Permission of the property owner is required. 2. Garage, estate and yard sales. Garage, estate and yard sales require a Temporary Use Permit but do not require a business registration and may be conducted, but shall comply with the following minimum requirements: (a) (b) (c) (d) (e) (f) There shall be no more than two such activities per residence per twelve month period; Each sale shall begin and end within a consecutive seventy-two hour (72 hr.) period; Sales shall be conducted on the property of the person selling the goods. Multiple home sales must be held on the property of one or more of the participants; No goods purchased for resale may be offered for sale or sold and no consignment goods may be offered for sale or sold; Directional and advertising signs shall not be located in the public right-of-way or attached to utility poles or other structures located in the public right-of-way; and All directional or advertising signs shall be removed within twenty-four hours (24 hrs.) of the completion of the sale. 3. Natural Disaster and Emergency Personal Assistance Locations. Temporary uses and structures needed to provide personal services as the result of a natural disaster or other health and safety emergency are allowed for the duration of the emergency and do not require a temporary use permit or business registration. 4. Parking Lot Sales. Permission of the property owner is required for parking lot sales. Parking lot sales may include the sale of rugs, blankets, fruits, vegetables, and other such items. Parking lot sales are allowed in the parking lot of a permitted structure or use in the C-1, C-2, and zoning districts for up to thirty (3) consecutive days at a time. 5. Real Estate Sales Offices. Sales offices are allowed on development sites in any zone until all lots or houses are sold. Use of the sales office for lots or homes outside of the project area is prohibited. 6. Other Uses. The Planning and Zoning Commission may approve other temporary uses and activities or special events. Such uses shall not jeopardize the health, safety or general welfare, or be injurious or detrimental to properties near the proposed location of the activity. Such uses shall comply with all applicable ordinances, laws, rules, regulations, codes and policies. General Regulations. 1. All temporary uses shall comply with the provisions of this Section: (a) (b) (c) (d) (e) 2. Approval Criteria. Permanent changes to the site are prohibited; Permanent signs are prohibited. All temporary signs associated with the temporary use shall comply with all applicable ordinances, laws, rules, regulations, codes and policies and shall be placed no more than seventy-two hours (72 hrs.) in advance of the event, and shall be removed within twenty-four hours (24 hrs.) of the end of the event; Temporary uses shall not violate any applicable conditions of approval that apply to the principal use on the site; All other required permits and licenses, such as health department permits, shall be obtained; and Temporary uses shall be subject to site plan review as required by the Temporary Use Permit process. 11/14/16 81

82 Temporary Use Application Page 4 of 6 The Planning Director may approve a Temporary Use Permit if it is determined that all of the following conditions are met: (a) (b) (c) (d) (e) 3. Conditions of Approval. That the proposed site is adequate in size and shape to accommodate the temporary use; That the proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that such temporary use will or could reasonably generate; That adequate parking to accommodate vehicular traffic to be generated by such use will be available either on-site or at alternate locations (with an approved alternative parking plan); That the operation of the requested use at the location proposed and within the time period specified will not endanger, jeopardize or otherwise constitute a menace to the public health, safety or general welfare; and All other required permits have been obtained. n approving Temporary Use Permits, conditions may be imposed as necessary to reduce or minimize any potential adverse impact upon adjacent property. Conditions shall relate to an impact created or aggravated by the proposed use and shall be roughly proportional to the impact. For example, any or all of the following conditions may be imposed: (a) (b) (c) (d) (e) (f) (g) (h) (i) Provision of temporary parking facilities, including vehicular access, ingress, and egress; Control of nuisance factors such as, but not limited to, the prevention of glare or direct illumination of adjacent properties, dirt, dust, gases, heat, noise, odors, smoke and vibrations; Limits on temporary buildings, facilities and structures, including height, placement and size, and location of equipment and open spaces, including buffer areas and other setbacks; Provision of medical and sanitary facilities; Provision of solid waste collection and disposal; Provision of safety and security measures; Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested or specified in this Section; Submission of a performance bond or other financial guarantee to ensure that any temporary buildings, facilities or structures used for such proposed temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition; and Other conditions deemed appropriate by the City Administrator. n addition to the Temporary Use Regulations provided in Code of Ordinances, Sec. 56-8, the following are requirements for Temporary Housing (as approved by the City Council on 1/22/13 and amended on 8/12/14, 8/11/15 and 8/25/15): Temporary Housing is defined as: Housing for individuals or families, on a temporary basis, either in pre-fabricated, self-contained modular structures with other amenities, OR individual selfcontained recreational vehicles, not including tents, truck campers or camper shells. Specifically for the purpose of this definition, Temporary Housing may also be referred to as crew-camp housing, work force housing, congregate residence or employee housing. Residents living within the temporary housing may be employed solely by one company, industry or project or may be employed by a variety of employers. Temporary Housing, self-contained is defined as: Temporary Housing that does not require connection to city utilities, is served by an independent waste water and freshwater delivery service, and that includes sleeping, cooking, dining, toilet and shower facilities, contained within an individual RV or contained within individual or multiple modular structures. 1. Temporary Housing is permitted only on land currently (as of the date of approval of these regulations) zoned C-2 Commercial District and R-R Rural Residential District, with a minimum of two acres for the temporary housing area, and where primary access to the area of Temporary Housing is from an Arterial Street, as defined in the Code of Ordinances. 2. The land on which a Temporary Housing Use is permitted 82 shall be properly addressed for 911 purposes. 11/14/16 82

83 Temporary Use Application Page 5 of 6 3. Temporary Housing shall be connected to city water and sewer utilities or completely self-contained, except for electrical service, which shall be obtained from the service provider. All electrical work must be conducted by a licensed electrician and City electrical permits and inspections are required. The use of generators is prohibited except in an emergency power outage situation. 4. A site plan shall be provided that identifies: a. the location of all pre-fabricated modular units and/or RV spaces with required setbacks and spacing between units; and b. ingress and egress locations (a minimum of 2 with a minimum width of 24 each); and c. vehicular drive aisles - minimum width of 24 with no on-street parking, minimum chip seal or gravel paving and graded to prevent ruts, muddy and dangerous driving surfaces; and d. emergency access and turn around, if necessary, (minimum 8 diameter); and e. parking spaces (1-9 x18 space per sleeping unit or recreational vehicle space); and f. visitor parking spaces (1 9 x18 space for every 4 sleeping units) in designated visitor parking area; and g. the location of amenities such as park areas, swimming pool, picnic tables and/or recreational activity areas, if provided. h. a utility plan that shows the location, size and details of all lines located on the site as well as connections to temporary housing and any connections to city utilities. 5. A grading and drainage plan is not required because permanent changes to the site, including grading, are not permitted. 6. A minimum 4 tall perimeter fence shall surround the area of the site utilized for temporary housing and parking area. The purpose of this fence is to define the temporary housing area and to prevent litter and debris from blowing onto adjacent land. A building permit for the fence is required. 7. A 2 set back from this fence shall be maintained free of obstructions at all times. 8. A minimum 1 clear separation between all temporary structures shall be maintained at all times. 9. A minimum 1 clear separation between all RV spaces shall be maintained at all times. 1. A minimum 3 set-back from the front property line shall be maintained. This area may be used for landscaping or parking but may not be used for temporary housing units or RV spaces. 11. f not connecting to City sewer facilities, a copy of a NMED approved Sanitation Plan shall be provided to the City. At a minimum, the Sanitation Plan shall indicate the type of service (storage tank, septic system, daily pick up, etc.) and the sanitary service provider s name and contact information, type of sanitary services provided (grey water, black water, fresh water, litter control, trash collection), the schedule or frequency for such service provision, and the responsible party for immediate clean up if a spill occurs. All temporary housing units and/or RVs must be provided sanitary service on a regular basis, as needed, and identified in the Sanitation Plan. 12. The Sanitation provider shall comply with all Federal, State, and Local regulations including obtaining a permit from the City Wastewater Department. 13. Permission to connect to City water and/or sewer facilities is dependent upon approval from the Utilities Department Director. The Director may require detailed plans regarding the size and location of the lines and connections. The developer is responsible for costs associated with the installation of, and connection to, the City facilities, both within the public right-of-way, if applicable, and within the private property used for the temporary housing. All construction work, including connections, will require the proper City permits and inspections will be conducted by the City in order to protect the health, safety and welfare of future temporary housing residents. 14. Temporary Housing shall not be located within a floodway as delineated on the City s Flood nsurance Rate Maps. 15. City Code Enforcement personnel may conduct unscheduled periodic inspections of the temporary housing use to ensure regulations and conditions are met. 16. f all of the requirements are met, staff shall forward the request to the Planning and Zoning Commission for their recommendation to the City Council. The City Council shall make the final decision regarding the issuance of a Temporary Use Permit for Temporary Housing. The City Council may approve a permit for up to five years. The Planning Director may renew a permit for up to an additional five years, if it is determined that the need for temporary housing still exists. f renewal is requested by an applicant, City staff will verify if a need still exists by contacting permitted RV Parks and mobile home parks to assess vacancy rates. 17. A Temporary Use Permit for Temporary Housing may be revoked by the City Administrator upon finding that: a. the temporary housing is unsafe b. the housing or grounds are unsanitary c. crime or safety issues are prevalent 18. f approved, you are required to contact the City Clerk to obtain a lodger s tax application. 19. Water and sewer fees will be based on the number of spaces approved by City Council, not the number of occupied spaces. 2. An approved Temporary Use Permit for Temporary Housing runs with the land and is transferrable to the new land owner for the remainder of the permit timeframe. After expiration of the permit, the new owner may apply for a renewal, as provided for in item #16 above. 21. The permit period begins when the first unit is placed on-site. The permit period ends as specified by the City Council and renewals expire as specified by the Planning Director /14/16 83

84 84 WW CONSTRUCTON TEMPORARY RV PARKS 91 DEL RO ST 712 KRCHER ST 6 KRCHER ST CARLSBAD, NM PRELMNARY REVEW CONSTRUCTON PLANS PACKET NCLUDES: 1. TTLE SHEET 2. GENERAL NOTES 3. STE OVERVEW 4. STE LAYOUT PLANS 5. STE UTLTY PLANS 84

85 ' 85 GENERAL CONSTRUCTON NOTES: ADDTONAL NOTES: 1. CONSTRUCTON SPECFCATONS: UNLESS OTHERWSE STATED OR SHOWN N THE 1. ALL SURFACES TO BE HARD PAOKED WTH GRAVEL. PROJECT PLANS, ALL WORK PERFORMED AND MATERALS PROVDED SHALL COMPLY WTH THE REQUREMENTS SET FORTH N THE CTY OF CARLSBAD PUBLC NFRASTRUCTURE SPECFCATONS, UNLESS NOT SET FORTH N WHCH CASE ALL OTHER WORK SHALL COMPLY WTH THE NEW MEXCO STANDARD SPECFCATONS FOR PUBLC WORKS CONSTRUCTON, LATEST ADDTON. 2. OSHA. T S THE CONTRACTORS RESPONSBLTY TO KNOW AND COMPLY WTH THE "' OCCUPATONAL SAFETY AND HEALTH ACT OF 197 OR LATEST ADDTON THEREOF. 3. DSPOSAL STES. THE CONTRACTOR SHALL BE RESPONSBLE FOR OBTANNG DSPOSAL c.o STES THAT ARE ENVRONMENTALLY SUTABLE FOR DSPOSAL OF TEMS NOT SPECFED TO BE SALVAGED. THE CONTRACTOR S EXPECTED TO ABDE BY ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATONS ln OBTANNG THE NECESSARY PERMTS FROM ALL """ APPLCABLE AGENCES AND/OR PRVATE PROPERTY OWNERS. ALL COSTS ASSOCATED!) WTH OBTANNG THESE PERMTS SHALL BE NCDENTAL TO THE COMPLETON OF THE PROJECT AND NO DRECT MEASURE OR PAYMENT SHALL BE MADE THEREFORE. """ DC/) THE CONTRACTOR SHALL PROVDE THE PROJECT MANAGER WTH COPES OF ALL z PERTNENT NFORMATON, AGREEMENTS, AND PERMTS RELATED TO DSPOSAL STE UTLZED. BORROW MATERAL, ROCK WASTE, AND VEGETATVE DEBRS CANNOT BE ~<( PLACED N WETLANDS, ARROYOS, OR AREAS THAT MAY MPACT THREATENED OR ::--' ENDANGERED SPECES. ARCHAEOLOGCAL AND ENVRONMENTAL CLEARANCES MUST <(.. BE OBTANED BEFORE DSPOSAL OR REMOVAL OF WORK BY THE CONTRACTOR. a..z 4. EPA STORM WATER DSCHARGE REGULATONS. THE CONTRACTOR S RESPONSBLE FOR >O COMPLANCE TO APPLCABLE PORTONS OF THE EPA STORM WATER DSCHARGE a::.,_ REGULATONS. 5. DUST ABATEMENT. THE CONTRACTOR SHALL LSE WATERNG EQUPMENT FOR DUST >- POLLUTON ABATEMENT AS REQURED OR AS DRECTED BY THE ENGNEER. THE ::::::> CONTRACTOR SHALL BE RESPONSBLE FOR LOCATNG AND SUPPLYNG WATER. THS WORK SHALL BE CONSDERED NCDENTAL TO CONSTRUCTON. 6. VERFCATON. CONTRACTOR SHALL VERFY ALL EXSTNG ELEVATONS SHOWN ON PLANS ocn AND REPORT ANY DSCREPANCES TO ENGNEER MMEDATELY. a_z 7. EXSTNG UTLTES. ALL EXSTNG UTLTES SHOWN ARE APPROXMATE LOCATON ONLY. T S THE CONTRACTORS RESPONSBLTY TO LOCATE UTLTES N THE FELD, PROR TO ~ CONSTRUCTON, SO THAT GRADE ADJUSTMENTS CAN BE MADE BY DESGN wo PROFESSONAL F NECESSARY. -' 8. ABUTTNG NEW PAVEMENT TO EXSTNG. WHEN ABUTTNG NEW PAVEMENT TO EXSTNG, z~ CUT EXSTNG PAVEMENT TO A NEAT STRAGHT LNE AS REQURED TO REMOVE ANY ow BROKEN OR CRACKED PAVEMENT AND MATCH NEW TO EXSTNG. NO SEPARATE PAYMENT WLL BE MADE FOR CUTTNG EXSTNG PAVEMENT BUT SHALL BE CONSDERED -> NCDENTAL TO THE PROJECT. CUTTNG OF PAVEMENT SHALL BE N CONFORMANCE 1-W WTH THE PLANS AND SPECFCATONS. :: 9. TRAFFC CONTROL DEVCES. ALL TRAFFC CONTROL DEVCES NSTALLED OR USED ::::>>- DURNG THE CONSTRUCTON OF THS PROJECT SHALL CONFORM TO THE "MANUAL ON O::o::: UNFORM TRAFFC CONTROL DEVCES," LATEST EDTON. THE CONTRACTOR SHALL -<( PREPARE AND SUBMT FOR APPROVAL BY THE ENGNEER, TRAFFC CONTROL PLAN AND PROJECT SC,HEDULE PROR TO THE PRE-CONSTRUCTON CONFERENCE. THE cnz Z- CONTRACTOR S RESPONSBLE FOR MANTANNG ALL TRAFFC CONTROL DEVCES 24 HRS A DAY AND SHALL PROVDE THE NAME AND PHONE NUMBER OF THE CONTACT PERSON TO THE CTY, AND ENGNEER. 1. CONSTRUCTON SGN MANTENANCE. THE CONTRACTOR SHALL BE RESPONSBLE FOR MANTANNG CONSTRUCTON SGNS, BARRCADES ETC., FOR THE COMPLETON OF THE PROJECT AND SHALL HAVE PERSONNEL AVALABLE AT ALL TMES TO REPAR AND/OR REPLACE SGNS AND BARRCADES ETC. THERE WLL BE NO DRECT COMPENSATON FOR THS SERVCE. 11. UTLTY LOCATON. CONTRACTOR S RESPONSBLE FOR FELD VERFCATON OF LOCATON AND ELEVATON OF ALL EXSTNG UTLTES. 12. SUBGRADE. ALL SUBGRADE AND TRENCH BACKFLL SHALL BE COMPACTED TO 95% - ASTM D ALL SUBGRADE AND BACKFLL SHALL BE COMPACTED N MAXMUM 8" co LOOSE LFTS. MOSTURE CONTENT AT THE TME OF COMPACTON SHALL NOT EXCEED...- OPTMUM OR BE LESS THAN 5 PERCENTAGE PONTS BELOW OPTMUM. DRVEWAYS, APRONS, FLLETS, CURB AND GU-TTER, AND OTHER CONCRETE PAVEMENT SHALL BE PLACED ON 6" OF COMPACTED SUBGRADE. ~~ :2: O::::i ~~ """...-!) 85

86 86. '" l--2' T '-3'' ; EXSTNG 6' FENCE PROPERTY LNE '" TOR ;~~~ ~-\~68-5' ~.5_% ~~\- AS ~~\ \~\~~~~+J~~\~~~~~~~-~~~~ ~ ig io N... 'l ll/ TOR RKN'f 712' J L S% ' SAS ->n - o --+if-1f-=j.l. -s- r r ': -...,_ 2" ~ l '" ;... pp PROPER LNE EXSTNG 8" SAS - pp pp ELECTRC POWER POLE 1:' 5 AMP RV PEDESTAL NGHT LTE, CAMERA. WF ~g ~g~:t~~~;f~rmer MAN HOLE 8" SEWER CLEAN OUT - NEW3"WATER z ~ ~ z u ~ (/) w ~ (/) ~ (.!) z Cii :::> J: >o a:o ~~ Q.O :Er-; w"' 1--:;; EXSTNG 6' FENCE PROPERTY LNE l '-5''

87 1:3,3 Address Verification Petroleum Park 87 Map # 1365_ed1 Legend Address. -~ Feet 1, c::j Parcel Roads 87 MPORTANT: Maps, products and data are NOT surveyor quality and are only to be used as a reference.

88 88 GENERAL NOTES: TO 8DOA CT CABNET: PROVDE AND NSTALL THREE (3) PARALLEL RUNS OF SOO KCML (AL) PER PHASE AND THREE (3) PARALLEL RUNS OF 3/ AWG (AL) NEUTRAL 2A 2 POLE BREAKER j 2A 2 POLE \. BREAKER 3-5 AL PER PHASE 3-3/ AL NEUTRAL PER 25.12(C) (1) 25.24(C) (2) i; 3-4" PVC CONDUT SOOA CT PANEL 2A 2 POLE BREAKER j 2A 2 POLE l BREAKER j 2A 2 POLE l BREAKER PROVDE AND NSTALL THREE (3) 4" PVC CONDUTS AT 8A CT CABNET: NSTALL THREE (3) 1/ AWG (CU) GROUNDNG ELECTRODE CONDUCTOR SZED PER NEC ARTCLE 2S.66 WTH 2' OF BARE 1/ (CU) BURED, CONNECTED TO TWO (Z) 5/8" x 8' GROUND RODS WTH REQURED SEPARATON MNMUM 6' PER NEC 2S.66 (B) TO RV PEDESTALS: SEE LSTED CABLE SZES ON ONE LNE DRAWNG. NEUTRAL CONDUCTOR SZED SAME AS PHASE CONDUCTORS PER NEC 31S(S)(B) AT RV PEDESTALS: PROVDE AND NSTALL ONE (1) #4 AWG {CU) GROUNDNG ELECTRODE CONDUCTOR CONNECTED TO ONE (1) S/8" X 8' GROUND ROD TYPCAL RV PEDESTAL CALCUlATED AT 12VA, EACH WTH (1) SOA, (1) 3A, {1) 2A GFC RECEPTACLES PER ARTCLE 5S1.81 AND USNG DEMAND FACTORS FROM NEC TABLE S51.73(A) 2-4/ AL 1-4/ AL~ 1-6 co 1-2" PVC 1 2-4/ AL 1-4/ AL 1-6 co 1-2" PVC 2 2-4/ AL 1-4/ AL 1-6 co 1-2" PVC 3 2-4/ AL~ 1-4/ AL 1-6 co 1-2" PVC 4 2-4/ AL ~ : ~'goal" 1-2" PVC 1 2-4/ AL 1-4/ AL 1-6 co 1-2" PVC 2 2-4/ AL 1-4/ AL 1-6 co 1-2" PVC 3 2-4/ AL 1-4/ AL 1-6 co 1-2" PVC 4 2-4/ AL ~ : ~/goal~ 1-2" PVC 1 2-4/ AL 1-4/ AL 1-6 co 1-2" PVC 2 2-4/ AL 1-4/ AL 1-6 co 1-2" PVC 3 2-4/ AL 1-4/ AL 1-6 co 1-2" PVC 4 2-4/ AL / AL c 6 cu 1-2" PVC 1 '- 1 - to 4/ n~ AL 1-6 co 1-2" PVC 2 2-4/ AL 1-4/ AL 1-6 co 1-2" PVC 3 2-4/ AL 1-4/ AL 1-6 co 1-2" PVC 4 '- "' 1-4/ AL ~J 1-6 co 1-2" PVC 1 ~ = :~g ~t 1-6 co 1-2" PVC 2 2-4/ AL 1-4/ AL 1-6 co 1-2" PVC 3 2-4/ AL 1-4/ AL 1-6 co 1-2" PVC 4 PEDESTAL SHALL BE NTEGRATED WTH CRCUT BREAKERS SERVNG EACH NSTALLED RECEPTACLE. COORDNATE EXACT CONNECTON REQUREMENTS WTH EQUPMENT PROVDER PROR TO ROUGH-N NSTALlATON. FAULT CURRENT: AT PEDESTALS: 8,963AMPS AT BOOA METERS: 26, AMPS PANEL SCHEDULE (kva) Panel to: RV 1 Local ion: KRCHER RD- CARLSBAD Pro eel No.: W. W. CONS1RUC11N Voltage: 28 V Phase: 3 Wire: 4 Main Disconnect: Luos Only!C: 26 ka Remarks: PANELS ARE LABELED RV 1 ~ RV 3, with RV 1 Being Top Left on Layout, RV-2 being Top Right, and RV~3 being bottom center Description Brkr. Ckt. Amp No. Left Side, kva Right Side, kva Brkr. Ckl Amp No. Description Pole Pole A B c A B c 4 RVS RVS 4RVS RVS 4RVS >... ::: Q) > ty: u ll c. (/)...J '<t L!) w z <( c: a.. u w w 2..J f- z Ui c: i= (!) :J u (.) z w C3 a:: ~ z a. "' w ~ DRAWN BY: JCK JOB NUMBER: _Billy Walker RV Park DATE: 4/21/218 SCALE: NTS Load Subtotal, Left (kva): Load Subtotal. Right (kva): Load Total kva): SHEET: E1 ver 1 88

89 89 Xcel Energy 3ph 12/28V Pad Mt Trfmr 5 AL PER PHASE 3/ AL NEUTRAL PER 25.12(C) (1) 25.24(C) (2) 4" PVC CONDUT GENERAL NOTES: TO SOOA CT CABNET: PROVDE AND NSTALL THREE (3) PARALLEL RUNS OF 5 KCML (AL) PER PHASE AND THREE (3) PARALLEL RUNS OF 3/ AWG (AL) NEUTRAL PROVDE AND NSTALL THREE (3) 4" PVC CONDUTS AT BOOA CT CABNET: NSTALL THREE (3) 1/ AWG (CU) GROUNDNG ELECTRODE CONDUCTOR SZED PER NEC ARTCLE WTH 2' OF BARE 1/ (CU) BURED, CONNECTED TO TWO (2) 5/8" X 8' GROUND RODS WTH REQURED SEPARAnON MNMUM 6' PER NEC (B) TO RV PEDESTALS: SEE LSTED CABLE SZES ON ONE LNE DRAWNG. NEUTRAL CONDUCTOR SZED SAME AS PHASE CONDUCTORS PER NEC 315(5)(8) 2A 2 POLE BREAKER 2-4/ 1-4/ AL 1-6 cu l-2'' PVC l-2 11 PVC AT RV PEDESTALS: PROVDE AND NSTALL ONE (1) #4AWG (CU) GROUNDNG ELECTRODE CONDUCTOR CONNECTED TO ONE (1) S/8" X 8' GROUND ROD TYPCAL RV PEDESTAL CALCULATED AT 12VA, EACH WTH (1) SOA, (1) 3A, (1)2A GFC RECEPTACLES PER ARnCLE AND USNG DEMAND FACTORS FROM NEC TABLE 5Sl.73(Al PEDESTAL SHALL BE NTEGRATED WTH CRCUT BREAKERS SERVNG EACH NSTALLED RECEPTACLE. COORDNATE EXACT CONNECTON REQUREMENTS WTH EQUPMENT PROVDER PROR TO ROUGH N NSTALLATON. FAULT CURRENT: AT PEDESTALS: 8,963 AMPS AT BOOA METERS: 26, AMPS > Ck: N Ql > u co :: c. _J (j) w 1. z ""'" <( a.. w z :::::i w z 89

90 9 Xcel Energy 3ph 12/28V Pad Mt Trfmr 5 AL PER PHASE 3/ AL NEUTRAL PER 25.12(C) (1) 25.24(C) (2) 4" PVC CONDUT GENERAL NOTES: TO 8A Cf CABNET: PROVDE AND NSTALL THREE (3) PARALLEL RUNS OF SOO KCML (AL) PER PHASE AND THREE (3) PARALLEL RUNS OF 3/ AWG (AL) NEUTRAL PROVDE AND NSTALL THREE (3) 4" PVC CONDUTS AT 8A CT CABNET: NSTALL THREE (3) 1/ AWG (CU) GROUNDNG ELECfRODE CONDUCTOR SZED PER NEC ARTCLE WTH 2' OF BARE 1/ (CU) BURED, CONNECfED TO TWO (2) 5/8" x 8' GROUND RODS WTH REQURED SEPARATON MNMUM 6' PER NEC Z5.66 (B) TO RV PEDESTALS: SEE LSTED CABLf SZES ON ONE LNE DRAWNG. NEUTRAL CONDUCfOR SZED SAME AS PHASE CONDUCTORS PER NEC 315(5)(B) AT RV PEDESTALS: PROVDE AND NSTALL ONE (1) #4 AWG (CU) GROUNDNG ELECfRODE CONDUCfOR CONNECTED TO ONE (1) 5/8" X 8' GROUND ROD 2-4/ AL 1-4/ ALol 1-6CU ") 1-2" PVC 2-4/ 1-4/ AL 1-6 cu 1-2" PVC 2A 2 POLE BREAKER 2-4/ 1-4/ AL 1-6 cu 1-2" PVC 2-35 AL "t 1-35 AL ~ ~-~.. 6~ l 2-4/ AL 1-4/ AL 1-6 cu 1-2" PVC 2 TYPCAL RV PEDESTAL CALCUlATED AT 1ZOOOVA, EACH WTH (1) 5A, (1) 3A, (1) 2A GFC RECEPTACLES PER ARTCLf SS1.81 AND USNG DEMAND FACfORS FROM NEC TABLE SS1.73(A) PEDESTAL SHALL BE NTEGRATED WTH CRCUT BREAKERS SERVNG EACH NSTALLED RECEPTACLE. COORDNATE EXACf CONNECfiON REQUREMENTS WTH EQUPMENT PROVDER PROR TO ROUGH-N NSTALlATON. FAULT CURRENT: AT PEDESTALS: 8,963 AMPS AT 8A METERS: 26, AMPS > (") :: Q) u ro ~ a. (/)...J UJ """ lo z <( a._ 2-4/ 1-4/ AL 1-6 cu 1-2" PVC UJ z ::J UJ z CkCt<imb~rl <1'4!21/2 18 rf 9

91 91 1' '-3' EXSTNG 6' FENCE PROPERTY LNE in N _ pp PROPER LNE 1 ' EASEMENT 2'SETBACK EXSTNG 6" SAS ~ pp 'l ll f jj 27._ 1 \!TOR j F RKNq 712'J;L C.5% SAS -2' 3o'-+27' 7~i4-L "- l o PP ELECTRC POWER POLE t> 6 AMP RV PEDESTAL NGHT LTE, CAMERA WF :~ ~~:t~~:;r~rmer MAN HOLE 8' SEWER CLEAN OUT - NEW3'WATER M~ FP EXSTNG 6' FENCE PROPERTY LNE '-5''

92 92 573'-3" EXSTNG 6' FENCE io C\1...- w ~., _ pp 1 ' EASEMENT 2'SETBACK EXSTNG 8" SAS - pp PP ELECTRC POWER POLE ~ L f /, 2 ~-~-, TOR Jl F RKNC 712TJ c.5% 'SAS -2'- 3'----4~ - - )' 5 AMP RV PEOEST AL NGHT LTE, CAMERA. WF ::~~:T~~:;F~MER MAN HOLE 8' SEWER a CLEANOUT - NEW3"WATER EXSTNG 6' FENCE PROPERTY LNE '-5"' ' 92

93 Property Record Card Eddy Assessor 93 WALKER, WLLAM W P O BOX 3234 CARLSBAD, NM 8822 Value Summary Account: R11939 Tax Area: C_NR - CARLSBAD-N (Nonresidential) Acres:. Value By: Market Override Land (1) $1,482 N/A Total $1,482 $1,482 Parcel: Situs Address: 712 KRCHER STREET CARLSBAD, 8822 Legal Description Subd: PETROLEUM PARK UNT THREE Lot: 14 Public Remarks Entry Date Model Remark 9/21/215 BOOK 139 PG 919 Land Occurrence 1 Property Code 2 - NON-RESDENTAL LAND Land Code 113_45 - Misc Land Vacant C - 45 Description Abstract Summary NON-RESDENTAL LAND Code Classification Actual Value Value Taxable Actual Value Taxable Value Override Override 2 NON-RESDENTAL LAND $1,482 $494 NA NA Total $1,482 $494 NA NA A#: R11939 P#: As of: 6/16/218 Page 1 of 1 93

94 Temporary Use - Temporary Housing Kircher St KRCHER ST Feet 6/15/218

95 DEPARTMENT: Planning, Engineering and Regulation CTY OF CARLSBAD AGENDA BREFNG MEMORANDUM PLANNNG AND ZONNG COMMSSON Meeting Date: 7/2/218 BY: Jeff Patterson, Planning DATE: 6/19/218 Director 95 SUBJECT: Appeal (variance) from Section 56-9(b) to allow a 1 foot side setback rather than 1 feet for a residential lot zoned R-1 Residential 1 District at 81 N. Edward St. Applicant: Tammy Ruiz 81 N, Edward St. Carlsbad, NM 8822 *The applicant provided the required notification to property owners within 1 and agreed to post the required sign 5-days prior to the public hearing as required by Sec (i). SYNOPSS: The applicant is requesting a variance from Sec. 56-9(b), Table 6 part (A) of the City s Zoning Ordinance, which requires 1 side setback for a corner lot located in R-1 Residential 1 zoning districts. This ordinance is meant to guide development in the City and provide a more uniform look and design to residential developments. The applicant is requesting to reduce the setback to 1 rather than 1. The applicant plans to install a 5 X24 garage at the rear of the property. This proposed location of the new garage will encroach upon the 1 required setback for a corner lot in R-1 zoning. The applicant has stated that this reduction is needed in order to make the proposed garage more feasible. MPACT (SAFETY AND WELFARE/FNANCAL/PERSONNEL/NFRASTRUCTURE/ETC.): Sec (k) of the Zoning Ordinance states: The Planning and Zoning Commission shall only approve a variance if it makes the following findings: (a) (b) (c) (d) (e) (f) (g) The stated hardship is one that is unique to the applicant rather than one suffered by the neighbors or the general public, and The hardship relates to the applicant's land, rather than personal circumstances, and The hardship is not the result of the applicant's own actions, and The granting of the variance is consistent with the City's Comprehensive Plan or other City master plan, and The granting of the variance is in harmony with the purpose and intent of the Zoning Ordinance, and The variance granted is the minimum necessary to make possible the reasonable use of the land or structure, and The granting of the variance will not be injurious to adjacent property or the neighborhood or detrimental to the public health, safety or general welfare, and (h) The variance will neither result in the extension or expansion of a non-conforming structure or use in violation of Article V nor authorize the initiation of a nonconforming use of land. The applicant did not provide justification of this request that meets the criteria above. 95

96 The following Greater Carlsbad Comprehensive Plan: Strategy 23 goals apply to this request: Chapter 3: Land Use Goal 4: The City of Carlsbad will strive to create an aesthetically pleasing built environment. Chapter 4: Housing Goal 2: Carlsbad will ensure that local housing protects the health, safety, and welfare of residents and their neighbors. PLANNNG STAFF RECOMMENDATON: Based on the application materials and staff comments, the Planning Staff recommends approval. DEPARTMENT RECOMMENDATON (please check): Approval Denial n/a Approval Denial n/a Public Works X Plng., Eng. & Reg. Dept: Fire Department X Code Enforcement Division X Legal Department X Engineering Division X Police Department X Planning Division X Utilities Department X Building & Regulation Division X Culture & Rec. Dept. X Carlsbad rrigation District X Department Comments: Public Works: No Comments. Utilities Department: The Utilities dept. has no issues with the ABM for 81 N. Edwards. Building Department: f approved the code would require 5/8 type X throughout to maintain required fire rating of garage. Fire Department: No comments. Code Enforcement: No comments. Legal Department: No Comments. Planning Department: See comments above. Police Department: Approved; Reviewed application. No comments or questions. Culture and Recreation Department: No comments. Engineering Services: No comments. City Administration: No Comments. Carlsbad rrigation District: These applications do not affect CD operations. ATTACHMENTS: Application materials, map

97 Board of Appeals Application Page 1 of 7 BOARD OF APPEALS APPLCATON (VARANCE FROM SUBDVSON OR ZONNG ORDNANCE) Sec or Sec (c) 97 CTY OF CARLSBAD Planning, Engineering, and Regulation Department PO Box 1569, Carlsbad, NM Phone (575) Fax (575) PROCESS FOR ACCEPTANCE AND REVEW OF PLANNNG AND ZONNG COMMSSON MATTERS 1. The Planning and Zoning Commission's regularly scheduled meetings are on the FRST MONDAY OF THE MONTH. Applicant should obtain an Application Packet for the particular type of request (Zone Change, Subdivision, Variance, Attnexation, Conditional Use, etc.) from the City of Carlsbad, Planning, Engineering, and Regulation Office. 2. Applicant must submit a completed Application to the Planning, Engineering, and Regulation Office on, or before, the FRST FRDAY OF THE MONTH prior to the desired Commission meeting. The minimum application packet submittal is one (1) copy of the Application with original signatures and all required supporting documents. A letter of explanation or clarifi.cation may also be provided. The required non-refundable application fee is due with submittal of the application. The desired ma.xinium size for all documents is 11 "x17". However, if the applicant wishes to support his or her application with larger size documents, an original and eight (8) copies need to be provided. Separate arrangements for copying these large docuinents may be possible, but will incur additional costs. 3. The Planning, Engineering, and Regulation Office will give the Application an initial cursory review. f deficiencies or questions are noted, the Applicant will be advised and provided an opportunity to supplement the application. f the Applicant fails to complete and resubmit the application prior to the above deadline, the matter will not be heard until the next subsequent Commission meeting. The orig1nal application fee will be retained and will suffice for the specific orig1nal application for a period of 9~days from the date of the original application. 4. Applications appearing complete will be set for full evaluation by City Staff prior to the Commission meeting. The purpose of this evaluation is to develop and provide a full briefing report for the Commission. Applicants will be advised of deficiencies noted during this review and will be afforded opportunity to supplement their application during their presentation to the Commission, if they so desire. 5. The Planning and Zoning Commission will vote to approve or deny the request. Applicant or his/her representative must be present to address any questions that Planning and Zoning Commissioners may have. Appeals of Planning and Zoning Commission decisions will be heard by the City Council pursuant to Sec ( c). 6. The applicant shall mail notice of the Planning and Zoning Commission hearing, via certified mail to all property owners within one-hundred feet (1 ') of the subject site. Evidence of such notification shall be provided with the apylication. n addition, the applicant shall post a sign, provided by the City, at the property at least 5 days prior to the public hearing. 11/14/16 97 '!-

98 Board of Appeals Application Page 2 of7 JUN ~--,:,-~~. ~~-:::;-~~ 98!CTY OF CARLSBAD Planning, Engineering, ;. and Regulation Department L }/ ~ PO Box 1569, Carlsbad, NM t l l Phone (575) Fax (575) Application Date: b- '-1-8' APPLCANT NFORMATON: /(\ rn m t..f R i.1 ; z. NAME BOARD OF APPEALS APPLCATON (VARANCE FROM SUBDVSON OR ZONNG ORDNANCE) Sec or Sec (c) ADDRESS ( ) 3C, d. - <) r Fee Paid ($5.):../pJ VJ CTY STATE ZP PHONE EMAL PROPERTY OWNER NFORMATON (F DFFERENT FROM APPLCANT): NAME ADDRESS CTY STATE ZP PHONE E.MAL LEGAL DESCRPTON AND/OR STREET ADDRESS OF PROPERTY (FOR WHCH VARANCE S REQUESTED): TYPE OF REQUEST (CHECK ONE): VARANCE FROM THE SUBDVSON REGULATONS (CHAPTER47- CODE OF ORDNANCES) AS PROVDED FOR N SECTON 47-7, VARANCES. SPECFY REGULATON AND/OR SUBSECTON: X VARANCE FROM THE ZONNG ORDNANCE (CHAPTER 56- CODE OF ORDNANCES) AS PRbvri:)ED FOR N SECTON 56-lSO(c). SPECFY REGULATON AND/OR SUBSECTON: 5/p-qo ( bj T o...b (e._ to 98

99 Board of Appeals Application Page 3 of7 99 JUSTFCATON FOR REQUEST AND STE PLAN: (Describe the topographical uniqueness of the property or extreme practical difficulties or undue hardship that would result from the strict application of the requitemerit(s) contained in the ordinance section from which the variance is requested. nclude a site plan drawn to scale or with accurate dimensions showing property lines, existing and proposed fences and/ or walls, setbacks, building and structure locations and parking areas. Attach a separate sheet if necessary.) The var~ctnc-e., req_,uesf wll{ ma>t:,tm/z.e backyar-d us-e.. in an a...ppet:tlt'ng man 11 er-.x.+ VJill 1-<e.ep <Oa..s, w~-ter, and sewer //nets a ccessible.... 'The. vartan~ eould t:tllo w abou+ 2<;{-g'Sf_U"lt-~.f.12~-{. o/). o..dd('-ft 1 C'J1!J<:t.r-C\.!fe SptStce...,. 11/14/16 99

100 Board of Appeals Application Page 4 of 7 1 Zoning Ordinance Criteria for Appeals- Sec (c)(4): The purpose of the appeal procedure is to determine if the decision being appealed meets the requirements of this Zoning Ordinance. The City Council or the Planning and Zoning Commission, when hearing an appeal, is limited to the following determinations: (a) (b) (c) The decision-maker made an error in reviewing whether a standard was met, by a misreading of the facts, plans, regulations or an error in judgment. Where conflicting evidence exists, the appeal is limited to determining what evidence or testimony bears the greatest credibility. The decision-maker made the decision on standards not contained in this or other City ordinances, regulations or state law; or a standard was applied more strictly or broadly than is appropriate to implement the City's Comprehensive Plan and this Zoning Ordinance. Subdivision Regulations Criteria for Appeals- Sec Whenever, in the opinion of the board of appeals, the strict application of the requirements contained in this chapter would result in extreme practical difficulties or undue misuse of property, the board may modify such requirements as are necessary so that the subdivider is allowed to develop his/her property in a reasonable manner providing that the public interests of the community and its citizens are protected and the general intent and spirit of these regulations are preserved. The board shall grant such a variance or modification only upon determination that: 1. The variance will not be detrimental to the public health, safety and general welfare of the community; 2. The variance will not adversely affect the reasonable development of adjacent property; 3. The variance is justified because of topographic or other special conditions unique to the property involved in contradistinction to mere inconvenience or fmancial disadvantage; 4. The variance is consistent with the objectives of this chapter and will not have the effect of nullifying the intent or purpose of this chapter or the comprehensive plan; 5. The variance has been shown to be in the best interest of the general public and not only of interest to the developer, land owner or other interested party; 6 The hardship must not be pecuniary and must be a direct result of the land location, topography or other characteristic; 7 Where a variance is requested from the required provision of sidewalks, and ADA compliant, alternative route to the nearest bus stop or school is required. f an alternative route cannot be provided, a variance :shall not be approved. Required prior to P & Z: Complete Application ncluding: D Site Plan D Fee D Notification DSign Posting Agreement ABM Staff Comments Letter of Explanation DSign Posted D Application Packet P & Z Action: Approved ODenied Other Date: 11/14/16 1

101 Board of Appeals Application Page 6 of 7 NOTFCATON SGN POSTNG AGREEMENT 11 Notification of Public Hearings before the City of Carlsbad Planning and Zoning Commission is required pursuant to Sec (i). Signs shall be posted a minimum of 5 days prior to and shall be removed a maximum of 5 days after the public hearing. f the sign is not posted as required, the application will be delayed and will not be considered at the public hearing as scheduled. The sign shall be posted at the street side property line with a secure stake provided by the applicant. have read and understand these requirements. understand where the sign is to be located and my obligation to post the sign prior to the public hearing and remove it afterwards. h '~ 'Tu.M.!, t.o 11" DATE Sign issued by: +Q~\J-H LO ~mber Rev. 1/11 11

102 Board of Appeals Application Page 7 of 7 Date: ~ Y, Dear Property Owner, 1bis letter serves as legal notification of a pending action before the City of Carlsbad Planning and Zoning Commission in accordance with Code of Ordinances Sec (i). You are being notified because you are a property owner within one-hundred feet (1') of the subject site. Applicant: Ta YYl YYl y R ui :l. 1q1 Name A {\-ddress J Phone SubjectSite Location: 8 1\l, E. d W ClV' The proposed action is a: Zoning Change from to in accordance with Sec (b). fa Variance/Appeal from Sec. 5 b- qq (b) T te,in accordance with Sec (c). ljj,e purpose of the variance/appeal is: ~, n _ ~~:-:fl~ :s.cl-6a.c!- ra e( ~~+) Conditional Use Permit in accordance with Sec. 56-5( f). The purpose of the permit is for a: Home Occupation: OtherUse: ~ The Plan:nin~d Zoning Commission will consider this request at a Public Hearing on: Date: ~~ 1 )..Dl 'it Time: :OOpm 1 Place: City Annex Planning Room 114 S. Halagueno St. Carlsbad, NM 8822 The Code of Ordinances can be found on the City's website For details about this request contact the.applicant OR contact the City Planner at or via atjepatterson@cityofcarlsbadnm.com. Sincerely, _j~ Applicant/ Agent 11/14/16 12

103 13 TYPCAL PLOT PLAN BULDNG LOCATON: LOT BLOCK 3. LOT SZE <os' X 12.5' so1 t.j t:.dward S+iee+ REAR LOT UNE -l :r G. A. RAG c-j ~ J'~ J... 5o' ~ 13' toe ::;o ft1 )> ::;o (/) ft1 - m )> A (/) ft1 r - c z ft1.._ - BACK SDE SET~ HOUSE OR BULDNG -~ M ~ - SDE -SET... BACK!n ft1 5 - c z J'T } ::;o. z - FRONT LOT UNE (/) ft1 - m )> :A 13

104 14 UPC OWner Name OWner Address City State Zip ALLSON, STANLEY & MALGORZATA A 91 N THOMAS STREET CARLSBAD Nl.l 8822 t BEARD, CHRSTOPHER DAN 84 N EDWARDS CARLSBAD NM 8822 t ll ()..516 DLLARD, JOHN D & CfLA M (JT) LOPEZ, ALBERTO & ZELMA K/S CARLSBAD NM 8822 t FLORES, BRAN 91 N EDWARDS ST CARLSBAD NM 8822 t GONZALES, MARTHA P PO BOX144 CARLSBAD Nl.l ~ HERNANDEZ, CHRSTOPHER C & HERNANDEZ, MCHELLE SULLVAN (JT) 83 N EDWARDS CARLSBAD NM 8822 t n -497 MCCLOSKEY, OAVDA& BETTY J {JT) 11 2 W EDWARDS ST CARLSBAD Nl.l t ~~~t9 REDONA,RAULO 86 W EDWARDS CARLSBAD NM 8822 t RUZ, RONNE P & TAMMY {JT) 81 N EDWARDS CARLSBAD NM 8822 l VANNATTER, KNA R 87 N EDWARDS CARLSBAD NM 8822 t WARD, KAREN 811 NTHOMAS CARLSBAD NM 8822 t ~3-497 WEYANT, JAMES A & TFFANY S {JT) 14 N EDDY ST CARLSBAD NM WGGNS, NEL E & OLGA L {JT) 92 NTHOMAS CARLSBAD NM 8822 l GtSSff-S~S o.(l{ice... o..r 1 OCJK u r Of) f?oj'ttwela 14

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107 N THOMAS ST Variance Request - Side Setback - 81 N. Edward St W EDWARD ST N EDWARD ST Feet 6/15/218

108 DEPARTMENT: Planning, Engineering and Regulation CTY OF CARLSBAD AGENDA BREFNG MEMORANDUM PLANNNG AND ZONNG COMMSSON Meeting Date: 7/2/218 BY: Jeff Patterson, Planning DATE: 6/19/218 Director 18 SUBJECT: Appeal (variance) from Section 56-9(b) to allow a foot side setback rather than the required 1 feet for a lot zoned R-1 Residential 1 District, located at 1612 Westridge Rd. Applicant: Brian McGonagill 1612 Westridge Rd. Carlsbad, NM 8822 *The applicant provided the required notification to property owners within 1 and agreed to post the required sign 5-days prior to the public hearing as required by Sec (i). SYNOPSS: The applicant is requesting a variance from Sec. 56-9(b), Table 6 of the City s Zoning Ordinance, which requires 1 side setback for a corner lot in R-1 Residential zoning. This ordinance is meant to guide development in the City and provide a more uniform look and design to residential developments. The applicant is requesting to reduce the setback to rather than 1 in order to install a RV carport along the west side of the property. The applicant states the carport will be even with the block fence at the property to the north, and that this reduction is needed in order to make the proposed carport more feasible. MPACT (SAFETY AND WELFARE/FNANCAL/PERSONNEL/NFRASTRUCTURE/ETC.): Sec (k) of the Zoning Ordinance states: The Planning and Zoning Commission shall only approve a variance if it makes the following findings: (a) (b) (c) (d) (e) (f) (g) The stated hardship is one that is unique to the applicant rather than one suffered by the neighbors or the general public, and The hardship relates to the applicant's land, rather than personal circumstances, and The hardship is not the result of the applicant's own actions, and The granting of the variance is consistent with the City's Comprehensive Plan or other City master plan, and The granting of the variance is in harmony with the purpose and intent of the Zoning Ordinance, and The variance granted is the minimum necessary to make possible the reasonable use of the land or structure, and The granting of the variance will not be injurious to adjacent property or the neighborhood or detrimental to the public health, safety or general welfare, and (h) The variance will neither result in the extension or expansion of a non-conforming structure or use in violation of Article V nor authorize the initiation of a nonconforming use of land. The applicant did not provide justification of this request that meets the criteria above. 18

109 The following Greater Carlsbad Comprehensive Plan: Strategy 23 goals apply to this request: Chapter 3: Land Use Goal 4: The City of Carlsbad will strive to create an aesthetically pleasing built environment. Chapter 4: Housing Goal 2: Carlsbad will ensure that local housing protects the health, safety, and welfare of residents and their neighbors. PLANNNG STAFF RECOMMENDATON: Based on the application materials and staff comments, the Planning Staff recommends denial. DEPARTMENT RECOMMENDATON (please check): Approval Denial n/a Approval Denial n/a Public Works X Plng., Eng. & Reg. Dept: Fire Department X Code Enforcement Division X Legal Department X Engineering Division X Police Department X Planning Division X Utilities Department X Building & Regulation Division X Culture & Rec. Dept. x Carlsbad rrigation District X Department Comments: Public Works: No Comments. Utilities Department: The Utilities dept. has a concern with the Variance at 1612 Westridge. The water main line is located 4 to 5 feet behind the back of the curb. Having a structure built this close may cause maintenance problems in the future. Building Department: My only comment would be that if granted the construction type would be noncombustible materials. Fire Department: No comments. Code Enforcement: No comments. Legal Department: No Comments. Planning Department: See comments above. Police Department: Approved; Reviewed application. No comments or questions. Culture and Recreation Department: No comments. Engineering Services: No comments. City Administration: No Comments. Carlsbad rrigation District: These applications do not affect CD operations. ATTACHMENTS: Application materials, map

110 11 Board of Appeals Application Page 1 of 7 BOARD OF APPEALS APPLCATON (VARANCE FROM SUBDVSON OR ZONNG ORDNANCE) Sec or Sec (c) CTY OF CARLSBAD Planning, Engineering, and Regulation Department PO Box 1569, Carlsbad, NM Phone (575) Fax (575) PROCESS FOR ACCEPTANCE AND REV1EW OF PLANNNG AND ZONNG COMMSSON MATTERS 1. The Planning and Zoning Commission's regularly scheduled meetings are on the FRST MONDAY OF THE MONTH. Applicant should obtain an Application Packet for the particular type of request (Zone Change, Subdivision, Variance, Annexation, Conditional Use, etc.) from the City of Carlsbad, Planning, Engineering, and Regulation Office. 2. Applicant must submit a completed Application to the Planning, Engineering, and Regulation Office on, or before, the FRST FRDAY OF THE MONTH prior to the desired Commission meeting. The minimum application packet submittal is one (1) copy of the Application with original signatures and all required supporting documents. A letter of explanation or clarification may also be provided. The required non-refundable application fee is due with submittal of the application. The desired maximum size for all documents is 11 "x17". However, if the applicant wishes to support his or her application with larger size documents, an original and eight (8) copies need to be provided. Separate arrangements for copying these large documents may be possible, but will incur additional costs. 3. The Planning, Engineering, and Regulation Office will give the Application an initial cursory review. f deficiencies or questions are noted, the Applicant will be advised and provided an opportunity to supplement the application. f the Applicant fails to complete and resubmit the application prior to the above deadline, the matter will not be heard until the next subsequent Commission meeting. The original application fee will be retained and will suffice for the specific original application for a period of 9-days from the date of the original application. 4. Applications appearing complete will be set for full evaluation by City Staff prior to the Commission meeting. The purpose of this evaluation is to develop and provide a full briefing report for the Commission. Applicants will be advised of deficiencies noted during this review and will be afforded opportunity to supplement their application during their presentation to the Commission, if they so desire. 5. The Planning and Zoning Commission will vote to approve or deny the request. Applicant or his/her representative must be present to address any questions that Planning and Zoning Commissioners may have. Appeals of Planning and Zoning Commission decisions will be heard by the City Council pursuant to Sec ( c). 6. The applicant shall mail notice of the Planning and Zoning Commission hearin via certified mail, to all property owners within one-hundred feet (1') of the subject site. Evidence o s notification shall be provided with the application. n addition, the applicant shall post a sign, provided by the City, at the property at least 5 days prior to the public hearing. 11

111 111 Board of Appeals Application Page 2 of 7 CTY OF CARLSBAD \ Planning, Engineering,. ~ S, ',_ 1 and Regulation Department '. PO Box 1569, Carlsbad, NM Phone (575) Fax (575) Application Date' (/t }1 </ APPLCANT NFORMATON: Bno t>. Y'fl ~ fr,-o'1 1 J1 1 b )2 NAME BOARD OF APPEALS APPLCATON (VARANCE FROM SUBDVSON OR ZONNG ORDNANCE) Sec or Sec (c) Fee Paid ($5.): r:jj~rjfl C'TY 1 STATE ZP PROPERTY OWNER NFORMATON (FDFFERENTFROMAPPUCANT):. ~ 1':f NAME ADDRESS CTY STATE ZP PHONE EMAL LEGAL DESCRPTON AND/OR STREET ADDRESS OF PROPERTY (FORWHCHVARANCEis REQUESTED): ~ TYPE OF REQUEST (CHECK ONE): VARANCE FROM THE SUBDVSON REGULATONS (CHAP1ER47- CODE OF ORDNANCES) AS PROVDED FOR N SECTON 47-7, VARANCES. SPECFY REGULATON AND/OR SUBSECTON: " VARANCE FROM THE ZONNG ORDNANCE (CHAPTER 56- CODE OF ORDNANCES) AS ~ED FOR N SECTON 56-lSO(c). SPECFY REGULATON AND/OR SUBSECTON: 4.- '--/.;2 (t12st-z:: b 11/14/16 111

112 112 Board of Appeals Application Page 3 of 7 JUS1'FCATON FOR REQUEST AND STE PLAN: (Describe the topographical uniqueness of the property or extreme practical difficulties or undue hardship that would result from the strict application of the requitement(s) contained in the ordinance section from which the variance is requested. nclude a site plan drawn to scale or with accurate dimensions showing property lines, existing and proposed fences and/ or walls, setbacks, building and structure locations and parking areas. Attach a separate sheet if necessary.) ~ ~ i ~ ~ l'-- ~ 5 r:$ o) ~ J 112

113 113 GoogleMaps 69, ,1 2mldata.. Go gle Maps '- - /) ;.-- GfV\. fe-qveb"t"'1 a (Je('m,v-'"'16.Pvr 1\ 1.2,X 3o 15. v {!p,f/ulr" Of' ~ ~J~o~-r4lv,v~e-o.'T' )1,12-We6Tr ~a. rt N'DJd k_ 1 N L' tv e.. \V ~ 'T'4 C. '.& loa:. ~'ve_ -t ""ik 1--o V.JL au~ 'T4. cjl "/.:f /v:;.~e..- '({\Ofj:_J tf '"' ~- ~ 5e..-r12P.c.L ~ '-t'k_ &tr~ (l.jt> tj f J ~ 1.' 6'.._ be "s4_ 6Ah'-~. r{jo.cl:_ ~ '14 t"rol''1"" of '1k 1-o V b.l. wo,;{ J.. 1 of 1 5/151218, 4:16 p 113

114 114 Board of Appeals Application Page 4 of 7 Zoning Ordinance Criteria for Appeals- Sec (c)(4): The purpose of the appeal procedure is to determine if the decision being appealed meets the requirements of this Zoning Ordinance. The City Council or the Planning and Zoning Commission, when hearing an appeal, is limited to the following determinations: (a) (b) (c) The decision-maker made an error in reviewing whether a standard was met, by a misreading of the facts, plans, regulations or an error in judgment. Where conflicting evidence exists, the appeal is limited to determining what evidence or testimony bears the greatest credibility. The decision-maker made the decision on standards not contained in this or other City ordinances, regulations or state law; or a standard was applied more strictly or broadly than is appropriate to implement the City's Comprehensive Plan and this Zoning Ordinance. Subdivision Regulations Criteria for Appeals- Sec Whenever, in the opinion of the board of appeals, the strict application of the requirements contained in this chapter would result in extreme practical difficulties or undue misuse of property, the board may modify such requirements as are necessary so that the subdivider is allowed to develop his/her property in a reasonable manner providing that the public interests of the community and its citizens are protected and the general intent and spirit of these regulations are preserved. The board shall grant such a variance or modification only upon determination that: 1. The variance will not be detrimental to the public health, safety and general welfare of the community; 2. The variance will not adversely affect the reasonable development of adjacent property; 3. The variance is justified because of topographic or other special conditions unique to the property involved in contradistinction to mere inconvenience or financial disadvantage; 4. The variance is consistent with the objectives of this chapter and will not have the effect of nullifying the intent or purpose of this chapter or the comprehensive plan; 5. The variance has been shown to be in the best interest of the general public and not only of interest to the developer, land owner or other interested party; 6 The hardship must not be pecuniary and must be a direct result of the land location, topography or other characteristic; 7 Where a variance is requested from the required provision of sidewalks, and ADA compliant, alternative route to the nearest bus stop or school is required. f an alternative route cannot be provided, a variance shall not be approved. Required prior to P & Z: Complete Application ncluding: Site Plan Fee Notification OSign Posting Agreement ABM Staff Comments Letter of Explanation OSign Posted Application Packet P & Z Action: Approved Denied Other Date: 114

115 115 Board of Appeals Application Page 5 of7 CTY OF CARLSBAD AFFDAVT BY PROPERTY OWNER(S) F AN APPLCATON S MADE BY SOMEONE OTHER THAN THE PROPERTY OWNE TDS FORM MUST ACCOMPANY THE APPLCATON MATERALS. APPLCATON TYPE: DZoNNG CHANGE OCoNDTONAL UsE DV ARANCE STATE OF NEW MEXCO) ) ss COUNTY OF EDDY ) (WE) HEREBY CERTFY that am (we are) the owners of record of the pr LEGALDESSCRPTON:---;;;.-;==~----=;;;; ==-:;:~;;: subdvson BLOCK LOT OR TRACT (WE) HAVE AUTHORZED the following individuals to act as my ur) agent with regard to this application. AGENT: ~~----~---- NAME PHONE (WE) UNDERSTAND, CONCUR AND AFFRM: ~ tm That this application may be approved, appr ed with conditions or denied and that, as the property owner, it is my responsibility to ensure th any conditions are complied with and to ensure that the property is maintained in a condition so s not to jeopardize the health, safety or welfare of others and that compliance with all applicable C" ordinances is required, and (WE) HEREBY EXECUTE THS AFF A VT in support of the proposed application as presented: OWNERl: ACKNOWLEDGED, SUBSCRBED, AND SWORN to before me this day of 2---Jby. Notary Public (ADDTO OWNERS: ATTAC EPARATESHEETS SSARY) My commission expires: /14/16 115

116 116 Board of Appeals Application Page 6 of 7 NOTFCATON SGN POSTNG AGREEMENT Notification of Public Hearings before the City of Carlsbad Planning and Zoning Commission is required pursuant to Sec (i). Signs shall be posted a minimum of 5 days prior to and shall be removed a maximum of 5 days after the public hearing. f the sign is not posted as required, the application will be delayed and will not be considered at the public hearing as scheduled. The sign shall be posted at the street side property line with a secure stake provided by the applicant. have read and understand these requirements. understand where the sign is to be located and my obligation to post the sign prior to the public hearing and remove it afterwards. G:~t~,.../ /,/?/ ~ Rev

117 117 Dear Property Owner, This letter serves as legal notification of a pending action before the City of Carlsbad Planning and Zoning Commission in accordance with Code of Ordinances Sec (i). You are being notified because you are a property owner within one-hundred feet (1') of the subject site. Applicant: Jj lbi:l {;.,,f.} ~;/of~!j/tz 1~ Name Subject Site Location:-~-' The proposed action is a: D Zoning Change from to in accordance with Sec (b). \(i Variance/Appeal from Sec. 54-4'..2 ~l.tn accordance with Sec (c). The purpose of the variance/appeal is: 61 P SEz Bd-C!K 'Ml:t ~ D Conditional Use Permit in accordance with Sec (±). The purpose of the permit is for a: D Home Occupation: D OtherUse: The Planning and Zoning Commission will consider this request at a Public Hearing on: Date: :: 1t[L '( a.;2$ Time: 5:pm Place: City Annex Planning Room 114 S. Halagueno St. Carlsbad, NM 8822 The Code of Ordinances can be found on the City's website For details about this request contact the applicant OR contact the City Planner at or via at jepatterson@cityofcarlsbadnm.com. Applicant/ Agent 11 / J 117

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120

121 4 O Variance - Side Setback Westridge Rd. Water Mains WESTRDGE RD W URAL DR Feet 6/25/218

122 DEPARTMENT: Planning, Engineering & Regulation CTY OF CARLSBAD AGENDA BREFNG MEMORANDUM PLANNNG AND ZONNG COMMSSON Meeting Date: 7/2/218 BY: Jeff Patterson, Planning DATE: 6/19/218 Director SUBJECT: Request for a Zone Change from C-2 Commercial 2 District to R-2 Residential 2 District for approximately.17 acres, legally described as Lot 13, Block 95, Stevens Second Addition, located at 113 S. Guadalupe St., pursuant to Section et. Seq. NMSA 1978 and Sections 56-15(b) and 56-14(i), Carlsbad Code of Ordinances. Applicant/Owner: Victoria Romero 69 W. Riverside Dr. Carlsbad, NM 8822 *The applicant provided the required notification to property owners within 1 and agreed to post the required sign 5-days prior to the public hearing as required by Sec (i). The City will notify the property owners 15-days prior to the City Council hearing and publish notification in the newspaper 3-days prior to said hearing. SYNOPSS, HSTORY AND MPACT (SAFETY AND WELFARE/FNANCAL/PERSONNEL/NFRASTRUCTURE/ETC.): Zoning Change from C-2 Commercial 2 District to R-2 Residential 2 District for approximately.17 acres, legally described as Lot 13, Block 95, Stevens Second Addition, located at 113 S. Guadalupe St. The properties to the north, east, and west are zoned C-2 Commercial 2 District. The properties to the south across Fox St. are zoned R-2 Residential 2 District and C-1 Commercial 1 District. This zone change would not create a spot zone. Sec. 56-4(b) states: (c) Residential 2 (R-2) District. The Residential 2 District is intended to accommodate higher density single-family, duplex, multiple-family, and mobile home parks and subdivisions and to provide land-use protection for areas that develop in such a manner. According to Zoning Ordinance Sec (b)(4): Amendments, prior to approving a zoning change, the City Council must find whether or not the proposal would improve or damage the comprehensive zoning plan herein established. Comprehensive Plan: Strategy 23 goals and policies that are applicable to this request are: Chapter 3: Land Use Goal 1: The City of Carlsbad will adopt policies to support the nfill/redevelopment Land Use Scenario. Goal 2: The City of Carlsbad will make efficient use of government resources through well-planned land use decisions. Goal 4: The City of Carlsbad will strive to create an aesthetically pleasing built environment. Goal 5: The City of Carlsbad will ensure that land use does not negatively impact the city s environmental resources. Chapter 5: Economic Development Goal 4: mprove the appearance of Carlsbad. Sec (b)(4): An amendment to the Official Zoning Map or to the Text of this Zoning Ordinance must be justified by one or more of the following findings: (a) The proposed amendment will or will not adversely impact the public health, safety or general welfare

123 and will or will not promote the original purposes of the Zoning Ordinance; and (b) The proposed amendment responds or does not respond to changed conditions, such as changes in public capital investments, road locations or functional classification, population trends, density, use or further studies that have been completed since adoption of the Zoning Ordinance; and (c) The proposed amendment is or is not necessary in order to respond to State and/or Federal legislation; and (d) The proposed amendment provides or does not provide additional flexibility in meeting the objectives of this Zoning Ordinance without lowering the standards of the Zoning Ordinance; and (e) The proposed amendment is or is not in substantial compliance with the City's Comprehensive Plan or other City Master Plan; and (f) The proposed amendment will or will not adversely affect the implementation of the goals and policies of the City's Comprehensive Plan or other City Master Plan; and (g) The proposed amendment is justified in order to correct a mistake in the Official Zoning Map or the text of the Zoning Ordinance; and (h) The proposed amendment is justified in order to respond to changes in the City s Comprehensive Plan or other City Master Plan including, but not limited to, changes in land use assumptions, surrounding uses, population forecasts, rates of land consumption, anticipated community needs or other factors. PLANNNG STAFF RECOMMENDATON: Based on review of the application and staff comments, planning staff recommends approval of this request based on the following findings: 1. The proposed amendment will not adversely impact the public health, safety or general welfare and will not promote the original purposes of the Zoning Ordinance; and 2. The proposed amendment does respond to changed conditions, such as changes in public capital investments, road locations or functional classification, population trends, density, use or further studies that have been completed since adoption of the Zoning Ordinance; and 3. The proposed amendment is not necessary in order to respond to State and/or Federal legislation; and 4. The proposed amendment does provide additional flexibility in meeting the objectives of this Zoning Ordinance without lowering the standards of the Zoning Ordinance; and 5. The proposed amendment is in substantial compliance with the City's Comprehensive Plan or other City Master Plan; and 6. The proposed amendment will not adversely affect the implementation of the goals and policies of the City's Comprehensive Plan or other City Master Plan; and 7. The proposed amendment is not justified in order to correct a mistake in the Official Zoning Map or the text of the Zoning Ordinance; and 8. The proposed amendment is not justified in order to respond to changes in the City s Comprehensive Plan or other City Master Plan including, but not limited to, changes in land use assumptions, surrounding uses, population forecasts, rates of land consumption, anticipated community needs or other factors. DEPARTMENT RECOMMENDATON (please check): Approval Denial n/a Approval Denial n/a Public Works X Planning, Eng. & Reg. Dept.: Fire Department X Code Enforcement Division X Legal Department X Engineering Division X Police Department X Planning Division X Utilities Department X Building & Regulation Division X Culture & Rec. Dept. X Carlsbad rrigation District X 123 DEPARTMENT COMMENTS: Public Works: No comments. Utilities Department: Approved; Reviewed application. No comments or questions. Building Department: No comments. 123

124 Fire Department: No comments. 124 Code Enforcement: No comments. Legal Department: No comments. Planning Department: Recommend approval. Police Department: Approved; Reviewed application. No comments or questions. Culture & Rec. Dept.: No comments. Engineering Services: No comments. Carlsbad rrigation District: These applications do not affect CD operations. City Administration: No comments. ATTACHMENTS: Application materials, ordinance, map. 124

125 125 ORDNANCE NO AN ORDNANCE REZONNG PART OF C-2 COMMERCAL 2 DSTRCT TO "R-2" RESDENTAL 2 DSTRCT FOR AN APPROXMATELY.17 ACRE PROPERTY, LOCATED AT 113 SOUTH GUADALUPE STREET, LEGALLY DESCRBED AS LOT 13, BLOCK 95, STEVENS SECOND ADDTON, PURSUANT TO SECTON ET. SEQ. NMSA 1978 AND SECTONS 56-15(B) AND 56-14(), CARLSBAD CODE OF ORDNANCES. BE T ORDANED BY THE GOVERNNG BODY OF THE CTY OF CARLSBAD, EDDY COUNTY, NEW MEXCO, that: The official zoning map of the City is hereby amended to rezone part of "C-2" Commercial 2 District to "R-2" Residential 2 District, for an approximately.17 acre property, located at 113 S. Guadalupe St., Carlsbad, NM, legally described as: LOT 13, BLOCK 95, STEVENS SECOND ADDTON NTRODUCED, PASSED, ADOPTED AND APPROVED this 14th day of August, 218. DALE JANWAY, MAYOR ATTEST: CTY CLERK 125

126 126. Zoning Change Application Page 1 of7 CTY OF CARLSBAD Planning, Engineering, and Regulation Department PO Box 1569, Carlsbad, NM Phone (575) Fax (575) ZONNG CHANGE APPLCATON Sec (b) PROCESS FOR ACCEPTANCE AND REVEW OF PLANNNG AND ZONNG COMMSSON MATTERS 1. The Planning and Zoning Commission's regularly scheduled meetings are on the FRST MONDAY OF 1HE MON1H. Applicant should obtain an Application Packet for the particular type of request (Zone Change, Subdivision, Variance, Annexation, Conditional Use, etc.) from the City of Carlsbad, Planning, Engineering, and Regulation Office. 2. Atwlicant must submit a completed Aoolication to the Planning. Engineering. and Regulation Office on, or before, the FRST FRDAY OF THE MONTH prior to the desired Commission meeting. The minimum application packet submittal is one (1) copy of the Application with original_ signatur~s and all required supporting documents. A letter of explanation or clarification may also be provided. The required non-refundable application fee is due with submittal of the application. The desired maximum size for all documents is 11 "x17". However, if the applicant wishes to support his or her applicatiott with larger size documents, an original and eight (8) copies need to be provided. Separate arrangements for copyip.g these large documents may be possible, but will incur additional costs. 3. The Planning, Engineering, and Regulation Office will give the Application an initial cursory review. f deficiencies or questions are noted, the Applicant will be advised and provided an opportunity to supplement the Application. f the Applicant fails to complete and resubmit the application prior to the above deadline, the matter will not be heard until the next subsequent Commission meeting. The original application fee will be retained and will suffice for the specific original application for a period of 9-days from the date of the original application. 4. Applications appearing complete will be set for full evaluation by City Staff prior to the Commission meeting. The purpose of this evaluation is to develop and provide a full briefing report for the Commission. Applicants will be advised of deficiencies noted during this review and will be afforded opportunity to supplement their application during their presentation to the Commission, if they so desire

127 127 Zoning Change Application Page2 of7 ADDTONAL PROCEDURAL REQUREMENTS FOR ZONNG CHANGES: 1) PRESENCE AT MEETNG: The Planning and Zoning Commission will vote to recommend to the City Council approval or denial of request. Applicant or his/her representative must be present to address any questions that Planning and Zoning Commissioners may have. 2) CTY COUNCL SETS A HEARNG DATE: After the Planning and Zoning Commission has made a recommendation on the request, the City Council (at their next regular meeting) will set a date for a public hearing. The date will be set for a regularly scheduled City Council meeting a minii:num of 3 days from that date. A "notice of public hearing" is published in the Current Argus at least 3 days prior to the hearing. 3) NOTFCATON: The applicant shall mail notice of the Planning and Zoning Commission meeting, via certified mail, to all property owners within one-hundred feet (1') of the subject site. Evidence of such notification shall be provided with the application. n addition, the applicant shall post a sign, provided by the City, at the property at least 5 days prior to the public hearing. At least fifteen (15) days prior to the City Council hearing, the City will notify adjacent property owners within 1' of the subject property via first-class mail for properties greater than one (1) block in size, or via certified mail for properties one (1) block or less in size. The notification will include a description of the request, applicant's information, legal description of subject property, and the date of the hearing. 4) PUBLC HEARNG: The Public Hearing will be held during a regularly scheduled City Council meeting, and the applicant or his/her representative MUST BE PRESENT to address any questions that the Mayor or Council members may have. 5) ZONNG CHANGE S FNAL: f the City Council approves the zone change, the ordinance is published in the Current Argus. The change is considered final five (5) days after publication

128 128 Zoning Change Application Page 3 of7 ---"~ ~ ~ Jc Uate -:;tatl1a' g JUN - 1 LU ~.} j ~. ' l CTY OF CARLSBAD Planning, Engineering~ and Regulation Department PO Box 1569, Carlsbad, NM Phone (575) Fax (575) ZONNG CHANGE APPLCATON Sec (b) Application Date: lq \ \ \8 Existing Zoning:,C..=----""--"---- Fee P $1.): f) lq).92 Proposed Zoning: B -.;1 APPLCANT NFORMATON: NAl\lli ADDRESS =z \o-5l;l\ PHONE PROPERTY OWNER NFORMATON (attach separate sheet for multiple owners): NAME ADDRESS CTY *A signed affidavit from the property owner(s), consenting to submittal of the application, must be included with the application. LEGAL DESCRPTON AND/OR STREET ADDRESS OF PROPERTY (NCLUDEAMEETSANDBOUNDS DESCRPTON FOR UNPLATTED LAND, ATTACH SEPARATE SHEET, F NECESSARY): \\3 s. G\lmll\.t?R S\- ADDRESS \,..n \'.\3 LOT ])~c'h' ~ d.~ Add\-\\ CYl BLOCK SUBDVSON 128

129 129 Zoning Change Application Page4of7 REASON FOR THE REQUEST An amendment to the Official Zoning Map or to the Text of the Zoning Ordinance must be justified by one or more of the following. Check all that apply: The proposed amendment will not adversely impact the public health, safety or general welfare and will or will not promote the original purposes of the Zoning Ordinance. D D The proposed amendment responds to changed conditions, such as changes in public capital investments, road locations or functional classification, population trends, density, use or further studies that have been completed since adoption of the Zoning Ordinance. The proposed amendment is necessary in order to respond to State and/or Federal legislation. The proposed amendment provides additional flexibility in meeting the objectives of this Zoning Ordinance without lowering the standards ofthe Zoning Ordinance. D D D D The proposed amendment is in substantial compliance with the City's Comprehensive Plan or other City Master Plan. The proposed amendment will not adversely affect the implementation of the goals and policies of the City's Comprehensive Plan or other City Master Plan. The proposed amendment will correct a mistake in the Official Zoning Map or the text of the Zoning Ordinance. The proposed amendment is justified in order to respond to changes in the City's Comprehensive Plan or other City Master Plan including, but not limited to, changes in land use assumptions, surrounding uses, population forecasts, rates of land consumption, anticipated community needs or other factors. Requited prior to P & Z: Complete Application ncluding: Map D Fee Letter D Notification Sign Agreement Requited prior to City Council: Council Hearing Date:-----~--- Publication Date: Property Owner Notification Sent (within 1' minimum.): ABM D Staff Comments Application Packet D Draft Ordinance D P&Z Minutes Council Action: Approved D Denied Other Ordinance No.:

130 13 Zoning Change Application PageS of7 CTY OF CARLSBAD AFFDAVT BY PROPERTY OWNER(S) F AN APPLCATON S MADE BY SOMEONE OTHER THAN THE PROPERTY OWNER TDS FORM MUST ACCOMPANY THE APPLCATON MATERALS. APPLCATON TYPE: ZONNG CHANGE CONDTONAL USE VARANCE DTEMPORARY USE STATE OF NEW MEXCO) ) ss COUNTY OF EDDY ) (WE) HEREBY CERTFY that am (we are) the owners of record of the property described as follows: ADDRESSOFPROPERTY: ~:.=-== srreet ADDRESS LEGAL DESSCRPTON: ~&m~d~nffi~mon~---~b~w~~~ ~l~o~to~r~~~ct~ (WE) HAVE AUTHORZED the following individuals to act as my (our) agent with regard to this application. AGENT: ==~ NAME PHONE (WE) UNDERSTAND, CONCUR AND AFFRM: That this application may be approved, approved with conditions or denied and that, as the property owner, it is my responsibility to ensure that any conditions are complied with and to ensure that the property is maintained in a condition so as not to jeopardize the health, safety or welfare of others and that compliance with all applicable City ordinances is required, and (WE) HEREBY EXECUTE TDS AFFDAVT in support of the proposed application as presented: OWNERl: BY= ~~==~ signature BY: PRNTED NAME (ADDTONAL OWNERS: ATTACH SEPARATE SHEETS AS NECESSARY) ACKNOWLEDGED, SUBSCRBED, AND SWORN to before me this day of --:~ 2---Jby_. ~ Notary Public My commission expires:

131 131 Zoning Change Application Page6of7 NOTFCATON SGN POSTNG AGREEMENT Notification of Public Hearings before the City of Carlsbad Planning and Zoning Commission is required pursuant to Sec (i). Signs shall be posted a minimum of 5 days prior to and shall be removed a maximum of 5 days after the public hearing. f the sign is not posted as required, the application will be delayed and will not be considered at the public hearing as scheduled. The sign shall be posted at the street side property line with a secure stake provided by the applicant. have read and understand these requirements. understand where the sign is to be located and my obligation to post the sign prior to the public hearing and remove it afterwards. #~ a: ;/~,_,-(~ APPLCANt SGNATURE DATE Sign issued by: -1~-.JYDF--: sltlffm~er Notification Agreement Rev. 1/

132 132 Zoning Change Application Dat~: w{l,,b Page? of7 Dear Property Owner, This letter serves as legal notification of a pending action before the City of Carlsbad Planning and Zoning Commission in accordance with Code of Ordinances Sec (i). You are being notified because you are a property owner within one-hundred feet (1') of the subject site. [S 51 Applicant: \} i l::\at"'i o. f\.'fut!r.jd /lrf'f'l W. ] \v.f:xj ide Dr./ C1.J; - ~ U. '() Name Address Phone Subject Site Location: \ \ 'b 5 Gua::i. \~ The proposed action is a: 'f/j. Zoning Change from C- ca to~- in accordance with Sec. 56-lSO(b). Variance/Appeal from Sec. in accordance with Sec. 56-lSO(c). The purpose of the variance/appeal is: Conditional Use Permit in accordance with Sec. 56-lSO(t). The purpose of the permit is for a: Home Occupation: OtherUse: The Phlnn~~d Zoning Commission will consider this request at a Public Hearing on: Date: <:if.t. d-. 1,:Z.O g me: :OOpm Place: City Annex Planning Room 114 S. Halagueno St. Carlsbad, NM 8822 The Code of Ordinances can be found on the City's website For details about this request contact the applicant OR contact the City Planner at or via at jepatterson@cityofcarlsbadnm.com. Sincerely, Applicant/ Agent

133 < 1" [J"" [J"" U.S. Postal Servicerr.' CERTFED MAL RECEPT Domestic Mail Only - ' ""''-'" - u.s.. P'a~tal Service, CERTFED MAL RECEPT Domestic Mail Only. ~ k-.~~~l_~~~~~~~--~~~~--~ rn rn ~~~~~==~~~~~ Cl postmalft g S't:o' -!"181'9. Cl "Z-1.. Cl ~~~~~~~====~ ::r Cl ~~~~~= ~ 6/1!218 rn 1"- ~=-~~~-----~~~~~--~~~~ 8 f.~-~r~~~6~~~~~~~.ng~~~:v.~:~~~l ~~~~= -- j "- ~=--1J.~~~~~--~~----- ~~L~ ~x~~~~~~~ i U') < [J"" [!"" U.S. Postal Service'" CERTFED MAL RECEPT Domestic Mail Only. ' 1:' < ~~~~~~~~~~~~r-~~~~~--~ rn - rn ~iis'ein!ces&f:eeii~tbox;iiddi~~~~ ye-~) 1 g %J Postmarll \~~ Cl.!,, '!"!- ) ~ ~~~~~~~===~ \~ ~c9/~~ rn ~ -'~~ -...:.... U.S. Postal Service'., CERTFED MAL RECEPT Domestic Mail On }' "- ~~~~----T ~~--~------~ r-"1 o ~~J~r~m~i~~~ :~~~7"~~- -'7~~~~~ ~"- Cl r=l U') ru U.S. Posta ~ Service"' : CERTFED MAL RECEPT! Domestic Mail Only ~ ~~~~~~~~~~~~~~~~~~~_J rn rn ~~~~~~~~~~~~ \ u::; ~~,.. Cl Cl ~. g '..CA~ Cl ~~~~~~~~====-~ ~-:..- ::r ~~~~~= i rn 6/1/218 1"- ~~~ ~--~~ , r-"1 Cl f~~~;i~~~~~~-~~~--~~~-~:l.~ -~ - ---~-,--.. c J '- 133

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135 135 Niki Lawson From: Sent: To: Subject: Heather R <hnroy@cityofcarlsbadnm.com> Friday, June 1, 218 1:26 AM Niki Lawson 113 S Guadalupe St Heather Roy. GS Coordinator City of Carlsbad, New Mexico "Love has boundaries, like a map, and guess that makes me a cartographer. Don't take this the wrong way, but you're too topographical for my taste." - Jarod Kintz \> ea.coc -- ~Q \ \.D. U\'Q D (. \"'\arc\_ - \ tcj f'r S E-r~ up-e {\~'-\- C)O Stf\-tr''-( qyc(-e_ 1135

136 Zone Change Request - C-2 to R S. Guadalupe St. Carlsbad Zoning C-1 C-2 PUD R-1 R-2 R-R S GUADALUPE ST W FOX ST Feet 6/15/218

137 DEPARTMENT: Planning, Engineering & Regulation CTY OF CARLSBAD AGENDA BREFNG MEMORANDUM PLANNNG AND ZONNG COMMSSON Meeting Date: 7/2/218 BY: Jeff Patterson, Planning DATE: 6/19/218 Director SUBJECT: Request for a Zone Change from R-1 Residential 1 District to C-2 Commercial 2 District for approximately acres, legally described as Quarter: SW S: 18 T: 22S R: 27E S2SW (LESS 1' STRP & LESS SAN JOSE BLVD REPLAT) MAP# 263-4, as indicated on the attached property report card, located at 321 San Jose Blvd. (addressed as 3 San Jose Blvd. in the Assessor s records), pursuant to Section et. Seq. NMSA 1978 and Sections 56-15(b) and 56-14(i), Carlsbad Code of Ordinances. Applicant/Owner: David and Laverne Maley P.O. Box 519 Carlsbad, NM *The applicant provided the required notification to property owners within 1 and agreed to post the required sign 5-days prior to the public hearing as required by Sec (i). The City will notify the property owners 15-days prior to the City Council hearing and publish notification in the newspaper 3-days prior to said hearing. SYNOPSS, HSTORY AND MPACT (SAFETY AND WELFARE/FNANCAL/PERSONNEL/NFRASTRUCTURE/ETC.): Zoning Change from R-1 Residential 1 District to C-2 Commercial 2 District for an approximately acre property located at 321 San Jose Blvd. (addressed as 3 San Jose Blvd. in the Assessor s records). The properties to the north are currently zoned C-2 Commercial 2 District. The properties to the south are zoned R-R Rural Residential District and PUD Planned Unit Development District. The properties to the east are zoned R-1 Residential 1 District. The properties to the west are zoned ndustrial District. As such, this zone change would not create a spot zone. Sec. 56-4(e) states: (e) Commercial 2 (C-2) District. The Commercial 2 District is intended to accommodate community and regional-scale retail and commercial uses. Such uses are regulated in order to be compatible with surrounding uses and existing infrastructure. According to Zoning Ordinance Sec (b)(4): Amendments, prior to approving a zoning change, the City Council must find whether or not the proposal would improve or damage the comprehensive zoning plan herein established. Comprehensive Plan: Strategy 23 goals and policies that are applicable to this request are: Chapter 3: Land Use Goal 1: The City of Carlsbad will adopt policies to support the nfill/redevelopment Land Use Scenario. Goal 2: The City of Carlsbad will make efficient use of government resources through well-planned land use decisions. Goal 4: The City of Carlsbad will strive to create an aesthetically pleasing built environment. Goal 5: The City of Carlsbad will ensure that land use does not negatively impact the city s environmental resources. Chapter 5: Economic Development Goal 4: mprove the appearance of Carlsbad. 137 Sec (b)(4): An amendment to the Official Zoning Map or to the Text of this Zoning Ordinance 137

138 must be justified by one or more of the following findings: (a) The proposed amendment will or will not adversely impact the public health, safety or general welfare and will or will not promote the original purposes of the Zoning Ordinance; and (b) The proposed amendment responds or does not respond to changed conditions, such as changes in public capital investments, road locations or functional classification, population trends, density, use or further studies that have been completed since adoption of the Zoning Ordinance; and (c) The proposed amendment is or is not necessary in order to respond to State and/or Federal legislation; and (d) The proposed amendment provides or does not provide additional flexibility in meeting the objectives of this Zoning Ordinance without lowering the standards of the Zoning Ordinance; and (e) The proposed amendment is or is not in substantial compliance with the City's Comprehensive Plan or other City Master Plan; and (f) The proposed amendment will or will not adversely affect the implementation of the goals and policies of the City's Comprehensive Plan or other City Master Plan; and (g) The proposed amendment is justified in order to correct a mistake in the Official Zoning Map or the text of the Zoning Ordinance; and (h) The proposed amendment is justified in order to respond to changes in the City s Comprehensive Plan or other City Master Plan including, but not limited to, changes in land use assumptions, surrounding uses, population forecasts, rates of land consumption, anticipated community needs or other factors. PLANNNG STAFF RECOMMENDATON: Based on review of the application and staff comments, planning staff recommends approval of this request based on the following findings: 1. The proposed amendment will not adversely impact the public health, safety or general welfare and will not promote the original purposes of the Zoning Ordinance; and 2. The proposed amendment does respond to changed conditions, such as changes in public capital investments, road locations or functional classification, population trends, density, use or further studies that have been completed since adoption of the Zoning Ordinance; and 3. The proposed amendment is not necessary in order to respond to State and/or Federal legislation; and 4. The proposed amendment does provide additional flexibility in meeting the objectives of this Zoning Ordinance without lowering the standards of the Zoning Ordinance; and 5. The proposed amendment is in substantial compliance with the City's Comprehensive Plan or other City Master Plan; and 6. The proposed amendment will not adversely affect the implementation of the goals and policies of the City's Comprehensive Plan or other City Master Plan; and 7. The proposed amendment is not justified in order to correct a mistake in the Official Zoning Map or the text of the Zoning Ordinance; and 8. The proposed amendment is not justified in order to respond to changes in the City s Comprehensive Plan or other City Master Plan including, but not limited to, changes in land use assumptions, surrounding uses, population forecasts, rates of land consumption, anticipated community needs or other factors. DEPARTMENT RECOMMENDATON (please check): Approval Denial n/a Approval Denial n/a Public Works X Planning, Eng. & Reg. Dept.: Fire Department X Code Enforcement Division X Legal Department X Engineering Division X Police Department X Planning Division x Utilities Department X Building & Regulation Division X Culture & Rec. Dept. X Carlsbad rrigation District X 138 DEPARTMENT COMMENTS: Public Works: No comments. Utilities Department: Approved; Reviewed application. No comments or questions. 138

139 Building Department: No comments. 139 Fire Department: No comments. Code Enforcement: No comments. Legal Department: No comments. Planning Department: Recommend approval. Police Department: Approved; Reviewed application. No comments or questions. Culture & Rec. Dept.: No comments. Engineering Services: Carlsbad rrigation District: These applications do not affect CD operations. City Administration: No comments. ATTACHMENTS: Application materials, ordinance, map. 139

140 14 ORDNANCE NO AN ORDNANCE REZONNG PART OF R-1 RESDENTAL 1 DSTRCT TO "C-2" COMMERCAL 2 DSTRCT FOR AN APPROXMATELY ACRE PROPERTY, LOCATED AT 321 SAN JOSE BOULEVARD, LEGALLY DESCRBED AS QUARTER: SW S: 18 T: 22S R: 27E S2SW (LESS 1' STRP & LESS SAN JOSE BLVD REPLAT) MAP# 263-4, PURSUANT TO SECTON ET. SEQ. NMSA 1978 AND SECTONS 56-15(B) AND 56-14(), CARLSBAD CODE OF ORDNANCES. BE T ORDANED BY THE GOVERNNG BODY OF THE CTY OF CARLSBAD, EDDY COUNTY, NEW MEXCO, that: The official zoning map of the City is hereby amended to rezone part of "R-1" Residential 1 District to "C-2" Commercial 2 District, for an approximately acre property, located at 321 San Jose Blvd., Carlsbad, NM, legally described as: QUARTER: SW S: 18 T: 22S R: 27E S2SW (LESS 1' STRP & LESS SAN JOSE BLVD REPLAT) MAP# NTRODUCED, PASSED, ADOPTED AND APPROVED this 14th day of August, 218. DALE JANWAY, MAYOR ATTEST: CTY CLERK 14

141 141 Zoning Change Application Page 1 of7 3fJZ( ~?:,oi\~11\ v-d CTY OF CARLSBAD Planning, Engineering, and Regulation Department PO Box 1569, Carlsbad, NM Phone (575) Fax (575) ZONNG CHANGE APPLCATON Sec. 56-lSO(b) PROCESS FOR ACCEPTANCE AND REVEW OF PLANNNG AND ZONNG COMMSSON MATTERS 1. The Planning and Zoning Commission's regularly scheduled meetings are on the FRST MONDAY OF THE MONTH. Applicant should obtain an Application Packet for the particular type of request (Zone Change, Subdivision, Variance, Annexation, Conditional Use, etc.) from the City of Carlsbad, Planning, Engineering, and Regulation Office. 2. Applicant must submit a completed Application to the Planning. Engineering. and Regulation Office on. or before. the FRST FRDAY OF THE MONTH prior to the desired Commission meeting. The minimum application packet submittal is one (1) copy of the Application with original signatures and all required supporting documents. A letter of explanation or clarification may also be provided. The required non-refundable application fee is due with submittal of the application. The desired maximum size for all documents is 11"x17". However, if the applicant wishes to support his or her application with larger size documents, an original and.eight (8) copies need to be provided. Separate arrangements for copying these large documents may be possible, but will incur additional costs. 3. The Planning, Engineering, and Regulation Office will give the Application an initial cursory review. f deficiencies or questions are noted, the Applicant will be advised and provided an opportunity to supplement the Application. f the Applicant fails to complete and resubmit the application prior to the above deadline, the matter will not be heard until the next subsequent Commission meeting. The original application fee will be retained and will suffice for the specific original application for a period of 9-days from the date of the original application. 4. Applications appearing complete will be set for full evaluation by City Staff prior to the Commission meeting. The purpose of this evaluation is to develop and provide a full briefing report for the Commission. Applicants will be advised of deficiencies noted during this review and will be afforded opportunity to supplement their application during their presentation to the Commission, if they so desire

142 142 Zoning Change Application Page2 of7 ADDTONAL PROCEDURAL REQUREMENTS FOR ZONNG CHANGES: 1) PRESENCE AT MEETNG: The Planning and Zoning Commission will vote to recommend to the City Council approval or denial of request. Applicant or his/her representative must be present to address any questions that Planning and Zoning Commissioners may have. 2) CTY COUNCL SETS A HEARNG DATE: After the Planning and Zoning Commission has made a recommendation on the request, the City Council (at their next regular meeting) will set a date for a public hearing. The date will be set for a regularly scheduled City Council meeting a minimum of 3 days from that date. A "notice of public hearing" is published in the Current Argus at least 3 days prior to the hearing. 3) NOTFCATON: The applicant shall mail notice of the Planning and Zoning Commission meeting, via certified mail, to all property owners within one-hundred feet (1') of the subject site. Evidence of such notification shall be provided with the application. n addition, the applicant shall post a sign, provided by the City, at the property at least 5 days prior to the public hearing. At least fifteen (15) days prior to the City Council hearing, the City will notify adjacent. property owners within 1' of the subject property via first-class mail for properties greater than one (1) block in size, or via certified mail for properties one (1) block or less in size. The notification will include a description of the request, applicant's information, legal description of subject property, and the date of the hearing. 4) PUBLC HEARNG: The Public Hearing will be held during a regularly scheduled City Council meeting, and the applicant or his/her representative MUST BE PRESENT to address any questions that the Mayor or Council members may have. 5) ZONNG CHANGE S FNAL: f the City Council approves the zone change, the ordinance is published in the Current Argus. The change is considered fmal five ( 5) days after publication

143 143 Zoning Change Application Page 3 of7 CTY OF CARLSBAD Planning, Engineering, and Regulation Department PO Box 1569, Carlsbad, NM Phone (575) Fax (575) Application Date: Existing Zoning:,...~""""" ZONNG CHANGE APPLCATON Sec. 56-lSO(b) {o -K-J& <;-----L- 1 Fee Paid ($1.): 7"':-f-,...,...L Proposed Zoning: ----""" <-=--- APPLCANT NFORMATON: fxlv~cl~ lqvtr~ (frtlttj ro f}jy_s ci NALvfE ADDRESS Ccu\~bc~cL NVV\ ~~])_ :SJ~-& 1Pttol C1Y STATE ZP PHONE EMA r~ras.euuc PROPERTY OWNER NFORMATON (attach separate sheet for multiple owners) J)A_vt'ul ~ lctvtyy\ - fy\oj-tcf _u_j~g ~ox _?l~ ~ NAME ADDRESS Co..r t c.j::o d, t-.jjvl ~ ~ llu r-~:>1s- 3{R -lt lid ( CTY STATE ZP PHONE *A signed affidavit from the property owner(s), consenting to submittal of the application, must be included with the application. LEGAL DESCRPTON AND/OR STREET ADDRESS OF PROPERTY (NCLUDE A MEETS AND BOUNDS DESCRPTON FOR UNPLATTED LAND, ATTACH SEPARATE SHEET, F NECESSARY): 3&\7 curtjo<t- f1tv-d P-t ors/su]l-f SR_c \~ D-2S Qnc ADDRESS 32.(

144 144 Zoning Change Application Page 4 of.7 REASON FOR THE REQUEST An amendment to the Official Zoning Map or to the Text of the Zoning Ordinance must be justified by one or more of the following. Check all that apply: D The proposed amendment will not adversely impact the public health, safety or general welfare and will or will not promote the original purposes of the Zoning Ordinance. The proposed amendment responds to changed conditions, such as changes in public capital investments, road locations or functional classification, population trends, density, use or further studies that have been completed since adoption of the Zoning Ordinance. D D D D D D The proposed amendment is necessary in order to respond to State and/or Federal legislation. The proposed amendment provides additional flexibility in meeting the objectives of this Zoning Ordinance without lowering the standards of the Zoning Ordinance. The proposed amendment is in substantial compliance with the City's Comprehensive Plan or other City Master Plan. The proposed amendment will not adversely affect the implementation of the goals and policies of the City's Comprehensive Plan or other City Master Plan. The proposed amendment will correct a mistake in the Official Zoning Map or the text of the Zoning Ordinance. The proposed amendment is justified in order to respond to changes in the City's Comprehensive Plan or other City Master Plan including, but not limited to, changes in land use assumptions, surrounding uses, population forecasts, rates of land consumption, anticipated community needs or other factors. Required prior to P & Z: Complete Application ncluding: D Map D Fee D Letter D Notification D Sign Agreement Required prior to City Council: Council Hearing Date: Publication Date: Property Owner Notification Sent (within 1' minimum.): D ABM D Staff Comments D Application Packet D Draft Ordinance D P&Z Minutes Council Action: D D Denied D Other Ordinance No.:

145 145 Zoning Change Application Page 5 of7 CTY OF CARLSBAD AFFDAVT BY PROPERTY OWNER F AN APPLCATON S MADE BY SOMEONE OTHER THAN THE PROPERTY OWNER THS FORM MUST ACCOMPANY THE APPLCATON MATERALS. APPLCATON TYPE:.&oNNG CHANGE CONDTONAL USE DV ARANCE TEMPORARY USE STATE OF NEW MEXCO) ) ss COUNTY OF EDDY ) (WE) HEREBY CERTFY that am (we are) the owners of record of the property described as follows: ADDRESS OF PROPERTY: ~ ~V\_ J~e Q,t vcr STREET ADDRESS LEGAL DESSCRPTON:Pt-or sf zswt 4 Sec 1 TZAS Qn c SUBDVSON BLOCK LOT OR TRACT (WE) HAVE AUTHORZED the following individuals to act as my (our) agent with regard to this application. AGENT -ecr<t-cttn~ Avn;u.Jo._~ "5f5-7Ctr7._Cb/ oi- 1Jl_L. b--\ev"q_k)s!-. NAMCL<T~L MYV1 ~~22~ H one ~-?}J2-b3~?_ ADDRESS (WE) UNDERSTAND, CONCUR AND AFFRM: That this applicalio.<lillj) LJ'~ utjl-'~uvcj, U};p~uv-.:d vviih conditions 1 Jcnic-.~ and llil',, ac> l:l'"' 1-l:opcrty owner, it is my responsibility to ensure that any conditions are complied with and to ensure that the property is maintained in a condition so as not to jeopardize the health, safety or welfare of others and that compliance with all applicable City ordinances is required, and (WE) HEREBY EXECUTE THS AFFDAVT in support of the proposed application as presented: BY: ~vfd ~ ~ ~r n.t ~ PRNTED NAME (ADDTONAL OWNERS: ATTACH SEPARATE SHEETS AS NECESSARY) ACKNOWLEDGED, SUBSCRBED, AND SWORN to before me this l bt day of :JU...(\ 2 tb 'b;dcajal" b:- \ X o.vv{j\.l-~'i Notary Publ~ Qb [A 1 h L\vG My commission expires: tj. \ 3D t 2_ 2 OFFCfAL SEAL Shelly Whteler NOTARY 'UOLC " STATE OF NEW MEXCO My Commission Expires<.! '3" [?. 2. Q 145

146 146 Zoning Change Application Page 6 of7 NOTFCATON SGN POSTNG AGREEMENT Notification of Public Hearings before the City of Carlsbad Planning and Zoning Commission is required pursuant to Sec (i). Signs shall be posted a minimum of 5 days prior to and shall be removed a maximum of 5 days after the public hearing. f the sign is not posted as required, the application will be delayed and will not be considered at the public hearing as scheduled. The sign shall be posted at the street side property line with a secure stake provided by the applicant. Sign issued by: _,_/O-l..'--'Vf.-.Fr{;)f %lffme~r Notification Agreement Rev. /

147 Carlsbad, NM nformation /carlsbadnm.maps.arcgis.com/apps/webappviewer/index.html?id=oafe36aaae Carlsbad, NM nformation. Pic ometr lnternattonal 3 San Jose Blvd, Carlsbad, Nl X 3 San Jose Blvd, Carlsbad, New Mexico, of 1 5/211218, 11:1 AM

148 148 Zon.ing Change Application Date: Le/1/ (2 Poge 7 of7 Dear Property Owner, This letter serves as legal notification of a pending action before the City of Carlsbad Planning and Zoning Commission in accordance with Code of Ordinances Sec (i). You are being notified because you are a property owner within one-hundred feet (1 ') of the subject site. Applicant: rn Vl'd ~ La vent ['Me4 ~ w ~ ~ Name?::f;cO ~,.; n J, -Phone Subject Site Location: ~- ~.Jose. \QtYC{ Th_7 proposed action is a: o.. / [ } 121' ZonmgChange from f to -- ;..._., in accordance with Sec (b). Ca 1~ 6ls-~)-bleD _ D Variance/ Appeal from Sec. The purpose of the variance/appeal is: in accordance with Sec ( c). D Conditional Use Permit in accordance with Sec. 5tl-15(f). The purpose of the permit is for a: D Home Occupation: D Other Use: The Plannino and Zoning Commission will consider this request at a Public Hearing on: Date: '1/ 'L S Time: 5:pm Place: City Annex Planning Room 114 S. Halagneno St. Carlsbad, NM 8822 The Code of Ordinances can be found on the City's website For details about this request contact the applicant OR contact the City Planner at or via at jepatterson@cityofcarlsbadnm.com. i j.. ] )- h 148

149 ------~-.. 1 un. OwnerName. J OwnerAddress City St3te Zip D-1~32// <Null> +!a.r\j L~nA Co f ~ Co..rc:.i i<llul> C) 'X 'N. J"(\o,,,.,.si-l<llull> <Null> 149 '<Null> <Null> <Null> <flu > <Null> ~32 \' <Nulf><:;:,n, ' ' - ;<t:ull> ~ ' )<!lull> 88 DD~ <Null> <Null> <Null> <Null> JM 8& /./ BROW'N, MARY E : 324LLOYD CARLSBAD tlt.l '> ,j/ CTY OF CAR!..SBAD ;PQ BOX 159 :CARLSBAD NM ,. t-' --~ Q..l29-s~..J.J cci'iis.><jctor5aic uo3ssciv-orifi :c;r>.l.sii'ad -- - JJ,\ &J Jl <Null> ll\f914~r: t'c '1-\-{..-.( (Qir--o.A \<Uui>W!:::":ClK:.:SiJ-)_ i<uull>('_ccr l'; l ;_. ~ ,f BAEZA,AUGUST!A M& NEVAREZ,f.ARK(JT."l.jHARGS, MCHAEL & GNA KlS ; CARLSBAD ' 4-15Q t, DOUGLASS FAMLY TRUST & DOUGLASS, E W Uffi:R V~/OS TRUST :877 OORJ,AN COVE ;AUSTN X / 4-1!: ~.t DOUGLASS FA.MLYTRUST & DOUGLASS. E W Bffi:R \WOS TRUST :877 OORJ,\AN COVE 'AUSTN X L NM 8822 GARNER, J R '; 1812 ~JDAN ROAD :c.t;rlsbad D-18-7f-fv' GAANER,JR i1b12jjdanroad 'C.AF.LSBAD Nl.l 8822!Jl,l! ! GAHNER,JR 1812BlDAN HOAD CARLSB.AD } GAHNER. J R :1812 rldan ROAO ;CARLsBAD fl!.l l}..2$1-il24 GARNER,J R 1812 UJDAJ ROAD CAil.LSBAO NM J.H, ~ NJ,\ GAHNER, J R r is1i'ifj(it.i.,iifioai) 'c.a!li.s6ad i " P GUADALUPE PROPERTES NC ;Po 6X216S -----CARLSBAO i f/ GUERAA,HECTORH&OEBBE (JT) i321l.!ontclar CARLSBAD NJ,\ 8822 L / J &B 1.1Bl HOJES :323LLOYDS 'CARLSBAD J,\ 8822,l-. ~ J, LEATON, ELUS & SANCHEZ-ELLS, ELVA {JT} m (,, -,.-, ~ J<, i;,.,,.;_~ores, HECTOR ESTRADA K:ALBUQUERQUE Nl.t 87'121!'' '-.: 1 LEATON,EWS&SA.NCHEZ-ELLS,ELVA {JT} P,v'4.w).P, ib, iflores,hecorestrada K;ALBUQUEROUE Nf,\ l ,f,; t.!aley, OAVD& LAVER JE (JD ipo BOX S19 icarlsbad W.l 8& i }.,(,/ NATUAALG.AS COMPRESSON SYS1EMS ;24-8 AfRO PARK DR~E ;TRAVERSE CTY Ml v',j' PEREA-RU!Z. MANUEL & PEP.EA, ROSAE (JT}! TClAJR CARLSBAD W.l ' \/.J R R & D LLC (2-' \VEST CQr.tPRESS ROAO iars ~S1A. fj!,, o-~-----~ s /',1 Rv CARLSBAD LLc ' ;so,-cerrrury'paiir<"ea.sr-mtt:os AiioEL'fs o.. -- ~ooey Q yv' SHOUPGR-'!lDOiiLDRENS RREVTRUST 1CARLSB.AD NATONAL B.i\.NKl"RCARLSBAD m-1 - BSz211359' i 4-1:-6-1~-52-4 SHOUP, GEORGE M SR ET AL ipo EOXS88 icarlsbad Nr.l &J Vy SRPSON, TilEP.ESAA LMNG TRUS1 i 161 VSTA HER!JOSA TRAL ;FARMNG 1 ON Nl.l 8741 _,-... ~~!\ {)23,f-t UNTED STAn:SPOSTALSERVJCE!YEST:RN FACLrTES SERVOFi'DWVER f'o.!3. _"l!_i.,s CO S26{!.!913) 4-15Q..13a-..~34,('( VALLEYR"'JSPORTA11N LLC 132fl1 BOYD DR~E :c.4r!.s6ad u -- UJ.l \l\/ WALKER,\'rll!A!.W ipobox3234 ;CARLSBAD NJ,\ &l SS-378ll WALKER, WlllAJ.W \PO BOX3234 ';CARLSBAD tjt,\ [B , ~-157-1Jll {)18 WHTE fa.ly TRUST :1437 lieghts BLVD :HOUSTON TX ilO? WHTE FAJ.LY TRUST ; 1~37 HEGHTS BLVD, HOUSTON TX D {)7!i WHTE FA.LYTRUST Ti~37 HEGHTS BLVD -----:HOUSTON TX \ D '/V 1NHiiEFAl..YTRUST 1437 HEGHTS BLVD :HOUS!ON X WHTE FA11LY!RUST 1437 HEGHTS BLVD HOUS1N X NHffE FAJ.LY TRUST 1437 HEGHTS BLVD HOUStON X 778! WHTE FA11LYTRUST 1437 HEGHTS BLVD JHOUSON X HE)GH 1 S BLVD!HOUSTON TX i {) "~HifE,CLEEH&PJTAL (JT) 1'.37 HEGHTS BLVD :Housror; TX 778

150 tr ::r Cl.Jl ; v ~y ' ' U.S. Postal Serviee'" eertfed MAL REeEJPT Domestic Mail On!Y - ~~~~~-i,;~~~~~--~~~~--~.::r i~ ll~\~~~;~~~~~~:ll~~~~~~~~~, D ~~~~~~~~----~ 15 CARLSBAD 31 N CANVON ST CAR~SBAO NM fl 3~ Oti/14/218 \BOCJ :1 AM Pr~odllct Oeser' pt on Sale Oty Final Price B f'- l'k;;;-;;;---- WHTE, CLEVE & 1437 HEGHTS BlVD r- HOUSTON, TX 778.Jl U"J 'Cl.Jl < ~idli ru "" };~,:~~~ ~.~~ D 6 ~~~~ ~~ ~ r'l r B f.s;,;;,;n;;;'ixni. f'- 1,;,; ;~,,,.,,;, Cl r-. Cl r'l r- r'l Dj f'- ' JTOR FLORES, HECTOR 1632 ANDALUSAN AVE SW Albuquerque, NM !\ 15 ; '.. - "'" Letter <Domestl c) <AUSTN, TX 787:7) <Waight:O Lb.3 Ozl (Estimated Deli very Date) /MondaY 6/18/218) Corti lied 1 $3.45 (!il~usps Cer tified Mall #l ( ) Fi s~-class 1 $.5 Mal Letter mon:wst~ c) CARLSBAD, NM 8822) (Weight:O Lb.3 Ozl (Estimated Deliver y Date) (Satur day 6/16/218) Certified 1 $3.45 (ij<iusps Certified Mail#) ( 718&8C9:l i 8526) ilrsh;]ass 1 $.5 ~al! Letter <Dcmef;t i c) (CARLSBAD. NM 88221) \Wsigl1t:O Lb.3 Oz) <Estimated De 11 ver y Dote) (Satundav 6/15/218) Certified 1 $3.45 <~l!jsps Cert f: ed Mall #) ( : FJrst~Ciass 1 $.5 Ma: Letter <Dornesticl <CARLSBAD. ~H 8822) <Weigllt:O Lb.3 Ozl (Est mated De VEH'Y Oa te) <Saturday 6/16/218) Cer t<fled 1 $3.45 (~@USOS Ce:ti fled flo: #) (71868C9318~4l First-Cl~ss 1 $.5 Mai 1 Letter <Domestic) 88221l <CARLSBAD. NM \Welght:O Lb.3 Oz) Estlllated Dolivet'Y Date) <Saturday 6/16/218) Certifiec 1 $3.45 ( ~iiiusps ~er t f i ed Mall J ( ) lirst,closs 1 $,5 Mal 1 Letter- Womestl c) (CARt_SBAO, NM 8822) (Welght:O Lb.3 Ozl <Es'timeted Del ver-y Di1tel (Saturday 6/l6/2lll) Cel't l f ed 1 $:l. ~5 {Q: :JSP;J (;u:--t, ~! ec t4t:.: l Ji) r 1n1 on;:;:>jtlf\nfl'lo"::i Qr;::;nt:L. 1

151 U.S. Postal Service'" CERTFED MAL RECEPT Domestic Mail Only -~~~ ~ ~~~~~~ J r'l ~~nh ~~~ 8 ts;;;,;;;;nii"afi No.;:;;?ci~i ~~~;,-~ti~;o~:; H~~O~U~ST;:O:N~,T::x:_.7::7~-:8~ J Cl Cl r'l...d WHTE, CLEVE H & RTA l ! 1437 HEGHTS BlVD HOUSTON, TX 778 ~S Formas~o. Aprif 215 PSN 7,'i~O 2"'947 See Reverse fur '"struotk>lls U.S. Postal Service'" CERTFED MAL RECEPT Domestic Mail Only co b=~o:-!!-4~_3!!!'...-..!!j::~t--~~~ ~~ j ru :,;~~~~ Cl Cl Cl D~~~~~~~===== D ~~11'o.ti9o"iindi'i~;.;:-----j...=! GRANDCHLDRES ioo! \/ TRS ~ ~=--- CARLSBAD NATONAL BANK ----, 8 ~~lf' l-1iiee1'miillido. PO BOX 1359,,-~,,~-,,~,,.--=CA_:".::~:B::A:D~: _N M s s_z z_l_-_1_3 s_ ; 151 -,:.,. 1_._ -' ----<oomestl c> <CARLSBAD, NM 8822l <Wei gilt: Lb.3 Oz) 151 (Estimated Delivery Date) <Saturday 6/16/218) Certified 1 $3.45 (@@USPS Certified Mail #) ( ) First-Class 1 $.5 Mall Letter <Domestic) (TRAVERSE CTY, M 49686l <Welght:O Lb.3 Ozl (Estimated Delivery Date) (Monday 6/18/218) Certl fled 1 $3.45 (@@USPS Certified Mal #) ( ) F"St-Cl ass 1 $.5 Mai Letter <Domestic). <FARMNGTON, NM 874[) <Welght:O Lb.3 Ozl (Estimated Dell very Date) (SatiJrday 6/16/218) Certi fled 1 $3.45 (@@USPS Certified Mal #) ( ) First-Class 1 $.5 Mal Letter Womesti c) (CARLSBAD, NM 8822ll <Weigllt:O Lb.3 Oz) <Estimated Delivery Date) <SaturdaY 6/16/218) Certified 1 $3.45 (@@USPS Certified Mail #) ( ) Fit'st-Class 1 $.5 Mai Lettel' <Domestic) (LOS ANGELES, CA 967) <Welght:O Lb.3 Oz) <Estimated Del very Date) <Monday 6/18/218) Certified 1 $3.45 (@@USPS Certified Mail #) ( ) First-Class 1 $.5 Mall l.etter <Domestic) (CARLSBAD, NM 8822) <Weight:O Lb.3 Oz) <Estimated Delivery Date) <SaturdaY 6/16/218) Cer-tified 1 $3.45 (@@USPS Certified Mal #) ( ) First-Class 1 $.5 Mai Letter (Qomestl c) <DENVER. CO 829) <Welght:O Lb.3 Oz) <Estimated Del very Date) (Monday 6/18/218) Certified 1 $3.45 (@@USPS Cer ti fi ed Mall #) ( ) Flr st-ciass 1 $.5 Mal Lettei- <Domesti c) <CARLSBAD, NM 88221) <Welgllt:O Lb.3 Oz) <Estimated Deli ver-y nate) (SatU'day 6/16/218) Cc: lifiecl 1 $:J ~o

152 1"' H r'!...!] U.S. Postal Service'" CERTFED MAL RECEPT Domestic Mail Only UNTED STATES POSTAL SERVCE WESTERN FACLTES SERV OFFCE PO BOX DENVER, CO PS Form 38, April 215 E'Stil753'o2-ooo 9'4J U.S. Postal Service'" CERTFED MAL RECEPT Domestic Mail Only :11, ' o ttl o See Reverse fo~"<lnstr-uctions "-\\li'~uyv'-vo'!" l..-l"n,.,,./tielll-rr/ ( ) F i r'st-cl ass 1 $ Mal Letter (Domestic) <HOUSTO~, T)( 778 l <Weight:O Lb.3 Oz) <Estimated Del iver'y D1tel <Monday 6/16/218) Cer'tified 1 $3.45 (@@USPS Certified Mail #l ( ) First-Class 1 $.5 Mall Letter <Domestic) <HOUSTON, T)( 778) <Weight:O Lb.3 Ozl (Estimated Del iver y Date) <Monday 6/18/216) Certified 1 $3.45 (@@USPS Certlfi ed Mall #) ( ) First-Class 1 $.5 Mal Letter <Domest c l (CARLSBAD, NM 88221l <Weight:O Lb.3 Oz) <Estimated Delivery Date) (Saturday 6/16/218) Certified 1 $3.45 (@@USPS Certified Mail #l ( ) First-Class 1 $.5 Mal Letter <Domestic) (ALBUQUERQUE, NM 87121) <Weight:O Lb.3 Oz) (ff;ti mated Del very Date) (Saturday 6/16/218) Cer'tlfied 1 $3.45 (@@USPS Certifed Ma i # l ( ) First-Class 1 $.5 Mal Letter <Domestic) <HOUSTON, TX 778) <Weig11t:O Lb.3 Ozl (Estimated Deli very Date) <Monday 6/18/218) Certified 1 $3.45 < USPS Cer t f ed Ma i #) ( ) rota ~----- debit card Remlt'd- - ;f!o2:io-- <Car-d Name:VSAl (Account #: XXXl(Xl<XXl<XXX 1336) (Appr'oval #: ) <Tr'ansaction #:944) (Receipt #:17856) <Deb t Car'd P1.11'Chase: $12. 7) (Cash Back:$.) <Entry Mode:Chipl (AD:A9884l (Application Label :US DEBT) <PN: Verit ed by PHil <Cr-yptogram: 1D83BEF5115EFOE l (ARC:OO) (CVR:42l (lad:61a36l <TS:66) <TVR: 8848l T e;<t your' tracking number- to (2USPS) to get the atest status. Standar-d Message and Data nrtes may apply. You may also vlsit U~PS lr ag<llt9 ut' call

153 < lm U S Postal service CERTFED MAL RECEPT Domestic Mail Only ' ' 153 : ~-a J : ll g SHOUP, pqbox988 c~rlsb~d, NM,8~8: 22 ~:l~~:9"'88- "'"""'"'"'"'"'"'""'""''"l : e(j,lllap e,.jno,\!m epo~ S)~~ ueos Jo u.s. Postal Service'" CERTFED MAL RECEPT Domestic Mail Only W-Li:8(;g-8i:OOO-b-9W-OL8g-ob8 Slld/111 ecjus)jedxe 1 e~sod;;: sdhl/ :o~ 9 3JN3H3dil3 lv lsod 1N3:JJC/ HrlOA lf18v sn ll31 H31B8 fioa 3AJ3S sn dl3h sseu )snq,jnol\ JoJ noll >/UP.~l 1\[Uo seo!<~jas pee~up.jp.nb.joj. spunjeh ebe].sod pue sriiup.+s uo (?UiJ sates V SMPSON, THERESA A LVNG 161 V>STA HERMOSA TRAL FARMNGTON, NM 8741 s Form aaoo_. Apri1215 ~N 753'2 ooo:-s4l.. 95 PERA~RUZ, MANUEL & 322 MONTCJ.R CARLSBAD, NM See Reverse: for ns rue ons Here 6/14/218 ll.l.jj,...,.jj JOo A.leA 11 eppa~joju! MMM 33Hd.OJ dn UBS sabe~oed JnoA ~oejl [!?W JllO! Ma MJd : ' U.S. Postal Service'" CERTFED MAL RECEPT Domestic Mail Only ~~~~~~-n~~~~~~~~~~~ ll.l ::r ~~~~~~- D D~~~~~~==~ D /fotarpoita,eiiiidl~~---~ 6/H/213 f'- fk"th-- u"'" ~ "' CDMPRESSCn SYSTEMS-----, ~ fsb'siionillliit''n f'-~,; swem~a :. ~ ' ' 153

154 , U.S. Postal Service~-, -. CERTFED MAL RECEPT, Domestic Mail Q!!ly ' ; '....-'1 "'... "' ru :r u.s. Po$ta1 Servfce'M. CERTFED MAL RECEPT Clome$tlc Mall Only 154 i~~~ ~ ~]:~~ t:j!t.f.;ip<iiiiilii'iiiii!f\ji:'ij5----j PO BOX~~~~D & >r.rrrm.r.r.rrmrm.rrl CARlSB'<D, N~ 882 Gii)i, '11i1lie;'tJP:,4''"''""...,,,.,._,.,,..., J ~-!.i> ii' fi i i lii!@f#ll<ji!> $!Mti M;@M@iiiM@.i i U.S. Postal Service" ' CERTFED MAL RECEPT Domestic Mail Only r- RR&DlLC 24 WEST CO rot PRESS ROAD... j.-'1 hwi<iriinil'liiic\'ci\:< AR~ESA, NM 8821 u:s. Postal Service'" CERTiFU:O MAL ' RECEPT Domestic Malt Only., ; ' 154

155 CJ,::t l::::l,.., ~ "'"" - U.S.-Posta! service'" CERTFED MAL.RECEPT. Domestic Mail Only ',..; [' CJ L.l1 U.S. Postal Si!ivice"' ' 155 CERTFED MAL RECEPT. Domestic Mall 1'/iY ~ ~~~~~~~~~~T-~~~~_j rn : ~~~::.!:~rn~~~~ D ' n rn rn i::::l f.11,co r'l rn T l:::l l:::l l:::l CJ CJ oo.jj f:::l oo r'l CJ r- "' GUADALUPE propertes NC PO BX216B C.A~t..Stli\D, NM 88221"2168! CJ CJ t::j "'J...n on r'l r- " U.S. Poatal Service'" CERTFED MAL RECEPT Domestic Mail Dilly r i::::l f.11 ~ H M o- CJ CJ t:j D u.s. Postal Service~ CERTFED MAL RECEPT Domestic M,/1 Only '!);;;;=---- GARNER, J~ 18121NDAN ROAD CARLSBAD, NM 8822 D f'(j,.!\ D co r'l Cl ~~ fa;,;-,,,.,.-'""'-'"'' C1Y OF LMiL5EiAD PO BOX 1569 CARlSBAD, NM /H/218 ' 155

156 156 tr -" Cl U1 "" -",, tr D Cl D Cl Cl ""..o Cl i-'1 "" ::J 1"'- U.S. Postal Service'" CERTFED MAL RECEPT Domestic Mail Only PS Form 38, Apri/215 fsf'! See Reverse for nstructions 156

157 157 rn...ll CJ...ll < k. =,;. u.s. Posti11 servi~;;,.... CERTFED NAL<lil RECEPT Domestic Mall OnlY.::t' "''"' ~E ~~ gl"~~~ CARLSBAD 31 N CANYON ST CARLSBAD NM /218 <8J :22 A~, Product Oeser! ptl on Sale Oty Final Price First-Class $o. 5o Mai Lett!( <Llc~ost cl (CAiLSBAD. NM 8822) <Yielght:O Lb 1 3 Gz) <Est mated De 1 :very Date) (Saturday 6/16/218) Certified 1 $3.45 (NUSPS Corti fled Mall nl (71717QC Jl MARKOR 3 HARGS, TERRY & DEBBE ::Z CARLSBAD, NM 8822 oebti: TarClllem 1 t d $3. 95 (:ard Name: VT.S.A.l (Account #: XXXXX)(XXXXXl(1336) (Approval #:.. l <Transact! on #: 9'1! <Recalpt #:17857) (Deb\t Card P~rchasa:$.95) (Cash Back:$C.OOl \Erti'Y Mode:Chi pl (AO:AJ988<l (App' cation Label :US DEBifl \P~:Verif\ed by PN) \Cryptogram:514EE9B63887BAl \ARC:OOl (CVR:42) (AD:61A36l nsr :68) <TVR:8848) "' -- ~ , <')"TT7 ' 157

158 Property Record Card Eddy Assessor 158 MALEY, DAVD & LAVERNE (JT) PO BOX 519 CARLSBAD, NM Value Summary Account: R46179 Tax Area: C_NR - CARLSBAD-N (Nonresidential) Acres: 77. Value By: Market Override Land (1) $7,699 N/A Total $7,699 $7,699 Parcel: Situs Address: 3 SAN JOSE BOULEVARD Legal Description Quarter: SW S: 18 T: 22S R: 27E S2SW (LESS 1' STRP & LESS SAN JOSE BLVD REPLAT) MAP# Public Remarks Entry Date Model Remark 7/31/215 BOOK 132 PG 11 Land Occurrence 1 Property Code 2 - NON-RESDENTAL LAND Land Code 192_99_99 - Excess Misc Land Description NON-RESDENTAL LAND Measure A - Acres Abstract Summary Code Classification Actual Value Value Taxable Actual Value Taxable Value Override Override 2 NON-RESDENTAL LAND $7,699 $2,566 NA NA Total $7,699 $2,566 NA NA A#: R46179 P#: As of: 6/16/218 Page 1 of 1 158

159 PROSPECT AVE Zone Change Request - R-1 to C San Jose Blvd. Carlsbad Zoning C-1 C-2 PUD R-1 R-2 R-R KRCHER ST SAN JOSE BLVD MONTCLAR ST CARVER ST BOYD DR 321 W ROSE ST LLOYD ST SOUTHERN SKY ST W PECAN ST , 2, Feet 6/15/218

160 DEPARTMENT: Planning, Engineering & Regulation CTY OF CARLSBAD AGENDA BREFNG MEMORANDUM PLANNNG AND ZONNG COMMSSON Meeting Date: 7/2/218 BY: Jeff Patterson, Planning DATE: 6/18/218 Director SUBJECT: Request for a Zone Change from R-R Rural Residential District to C-2 Commercial 2 District for approximately 1.3 acres, legally described as part of Tract 2, Old Rose Farm #3, pursuant to Section et. Seq. NMSA 1978 and Sections 56-15(b) and 56-14(i), Carlsbad Code of Ordinances. Applicant/Owner: David and Laverne Maley P.O. Box 519 Carlsbad, NM 8822 *The applicant provided the required notification to property owners within 1 and agreed to post the required sign 5-days prior to the public hearing as required by Sec (i). The City will notify the property owners 15-days prior to the City Council hearing and publish notification in the newspaper 3-days prior to said hearing. SYNOPSS, HSTORY AND MPACT (SAFETY AND WELFARE/FNANCAL/PERSONNEL/NFRASTRUCTURE/ETC.): Zoning Change from R-R Rural Residential District to C-2 Commercial 2 District for a portion of Tract 2, Old Rose Farm #3. This property is approximately 1.3 acres in size and lies on the west side of San Jose Blvd. The properties to the north are currently zoned R-1 Residential District. The properties to the south, west, and north are all zoned R-R Rural Residential District. The property to the east is zoned C-2 Commercial 2 District. As such, this zone change would not create a spot zone. Sec. 56-4(e) states: (e) Commercial 2 (C-2) District. The Commercial 2 District is intended to accommodate community and regional-scale retail and commercial uses. Such uses are regulated in order to be compatible with surrounding uses and existing infrastructure. According to Zoning Ordinance Sec (b)(4): Amendments, prior to approving a zoning change, the City Council must find whether or not the proposal would improve or damage the comprehensive zoning plan herein established. Comprehensive Plan: Strategy 23 goals and policies that are applicable to this request are: Chapter 3: Land Use Goal 1: The City of Carlsbad will adopt policies to support the nfill/redevelopment Land Use Scenario. Goal 2: The City of Carlsbad will make efficient use of government resources through well-planned land use decisions. Goal 4: The City of Carlsbad will strive to create an aesthetically pleasing built environment. Goal 5: The City of Carlsbad will ensure that land use does not negatively impact the city s environmental resources. Chapter 5: Economic Development Goal 4: mprove the appearance of Carlsbad. Sec (b)(4): An amendment to the Official Zoning Map or to the Text of this Zoning Ordinance must be justified by one or more of the following findings: (a) The proposed amendment will or will not adversely impact the public health, safety or general welfare and will or will not promote the original purposes of the Zoning Ordinance; and 16 16

161 (b) The proposed amendment responds or does not respond to changed conditions, such as changes in public capital investments, road locations or functional classification, population trends, density, use or further studies that have been completed since adoption of the Zoning Ordinance; and (c) The proposed amendment is or is not necessary in order to respond to State and/or Federal legislation; and (d) The proposed amendment provides or does not provide additional flexibility in meeting the objectives of this Zoning Ordinance without lowering the standards of the Zoning Ordinance; and (e) The proposed amendment is or is not in substantial compliance with the City's Comprehensive Plan or other City Master Plan; and (f) The proposed amendment will or will not adversely affect the implementation of the goals and policies of the City's Comprehensive Plan or other City Master Plan; and (g) The proposed amendment is justified in order to correct a mistake in the Official Zoning Map or the text of the Zoning Ordinance; and (h) The proposed amendment is justified in order to respond to changes in the City s Comprehensive Plan or other City Master Plan including, but not limited to, changes in land use assumptions, surrounding uses, population forecasts, rates of land consumption, anticipated community needs or other factors. PLANNNG STAFF RECOMMENDATON: Based on review of the application and staff comments, planning staff recommends approval of this request based on the following findings: 1. The proposed amendment will not adversely impact the public health, safety or general welfare and will not promote the original purposes of the Zoning Ordinance; and 2. The proposed amendment does respond to changed conditions, such as changes in public capital investments, road locations or functional classification, population trends, density, use or further studies that have been completed since adoption of the Zoning Ordinance; and 3. The proposed amendment is not necessary in order to respond to State and/or Federal legislation; and 4. The proposed amendment does provide additional flexibility in meeting the objectives of this Zoning Ordinance without lowering the standards of the Zoning Ordinance; and 5. The proposed amendment is in substantial compliance with the City's Comprehensive Plan or other City Master Plan; and 6. The proposed amendment will not adversely affect the implementation of the goals and policies of the City's Comprehensive Plan or other City Master Plan; and 7. The proposed amendment is not justified in order to correct a mistake in the Official Zoning Map or the text of the Zoning Ordinance; and 8. The proposed amendment is not justified in order to respond to changes in the City s Comprehensive Plan or other City Master Plan including, but not limited to, changes in land use assumptions, surrounding uses, population forecasts, rates of land consumption, anticipated community needs or other factors. DEPARTMENT RECOMMENDATON (please check): Approval Denial n/a Approval Denial n/a Public Works X Planning, Eng. & Reg. Dept.: Fire Department X Code Enforcement Division X Legal Department X Engineering Division X Police Department X Planning Division X Utilities Department X Building & Regulation Division X Culture & Rec. Dept. X Carlsbad rrigation District X 161 DEPARTMENT COMMENTS: Public Works: No comments. Utilities Department: No comments. Building Department: No comments. 161

162 Fire Department: No comments. 162 Code Enforcement: No comments. Legal Department: No comments. Planning Department: Recommend approval. Police Department: Approved; Reviewed application. No comments or questions. Culture & Rec. Dept.: No comments. Engineering Services: Carlsbad rrigation District: These applications do not affect CD operations. City Administration: No comments. ATTACHMENTS: Application materials, ordinance, map. 162

163 163 ORDNANCE NO AN ORDNANCE REZONNG PART OF R-R RURAL RESDENTAL DSTRCT TO "C-2" COMMERCAL 2 DSTRCT FOR AN APPROXMATELY 1.3 ACRE PROPERTY, LOCATED AT 217 SAN JOSE BLVD, LEGALLY DESCRBED AS PART OF TRACT 2, OLD ROSE FARM #3, PURSUANT TO SECTON ET. SEQ. NMSA 1978 AND SECTONS 56-15(B) AND 56-14(), CARLSBAD CODE OF ORDNANCES. BE T ORDANED BY THE GOVERNNG BODY OF THE CTY OF CARLSBAD, EDDY COUNTY, NEW MEXCO, that: The official zoning map of the City is hereby amended to rezone part of "R-R" Rural Residential District to "C-2" Commercial 2 District, for an approximately 1.3 acre property, located at 217 San Jose Blvd., Carlsbad, NM, legally described as: PART OF TRACT 2, OLD ROSE FARM #3 NTRODUCED, PASSED, ADOPTED AND APPROVED this 14th day of August, 218. DALE JANWAY, MAYOR ATTEST: CTY CLERK 163

164 164 Zoning Change Application Page 1 of7 CTY OF CARLSBAD Planning, Engineering, and Regulation Department PO Box 1569, Carlsbad, NM Phone (575) Dlrt &w-jo~f?avcf Fax(575) ZONNG CHANGE APPLCATON Sec. 56-lSO(b) PROCESS FOR ACCEPTANCE AND REVEW OF PLANNNG AND ZONNG COMMSSON MATTERS 1. The Planning and Zoning Commission's regularly scheduled meetings are on the FRST MONDAY OF THE MONTH. Applicant should obtain an Application Packet for the particular type of request (Zone Change, Subdivision, Variance, Annexation, Conditional Use, etc.) from the City of Carlsbad, Planning, Engineering, and Regulation Office. 2. Applicant must submit a completed Application to the Planning. Engineering. and Regulation Office on, or before, the FRST FRDAY OF THE MONTH prior to the desired Commission meeting. The minimum application packet submittal is one (1) copy of the Application with original signatures and all required supporting documents. A letter of explanation or clarification may also be provided. The required non-refundable application fee is due with submittal of the application. The desired maximum size for all documents is 11"x17". However, ifthe applicant wishes to support his or her application with larger size documents, an original and eight (8) copies need to be provided. Separate arrangements for copying these large documents may be possible, but will incur additional costs. 3. The Planning, Engineering, and Regulation Office will give the Application an initial cursory review. f deficiencies or questions are noted, the Applicant will be advised and provided an opportunity to supplement the Application. f the Applicant fails to complete and resubmit the application prior to the above deadline, the matter will not be heard until the next subsequent Commission meeting. The original application fee will be retained and will suffice for the specific original application for a period of 9-days from the date of the original application. 4. Applications appearing complete will be set for full evaluation by City Staff prior to the Commission meeting. The purpose of this evaluation is to develop and provide a full briefing report for the Commission. Applicants will be advised of deficiencies noted during this review and will be afforded opportunity to supplement their application during their presentation to the Commission, if they so desire

165 165 Zoning Change Application Page 2 of7 ADDTONAL PROCEDURAL REQUREMENTS FOR ZONNG CHANGES: 1) PRESENCE AT MEETNG: The Planning and Zoning Commission will vote to recommend to the City Council approval or denial of request. Applicant or his/her representative must be present to address any questions that Planning and Zoning Cotnmissioners may have. 2) CTY COUNCL SETS A HEARNG DATE: After the Planning and Zoning Commission has made a recommendation on the request, the City Council (at their next regular meeting) will set a date for a public hearing. The date will be set for a regularly scheduled City Council meeting a minimum of 3 days from that date. A "notice of public hearing" is published in the Current Argus at least 3 days prior to the hearing. 3) NOTFCATON: The applicant shall mail notice of the Planning and Zoning Commission meeting, via certified mail, to all property owners within one-hundred feet (1 ') of the subject site. Evidence of such notification shall be provided with the application. n addition, the applicant shall post a sign, provided by the City, at the property at least 5 days prior to the public hearing. At least fifteen (15) days prior to the City Council hearing, the City will notify adjacent property owners within 1' of the subject property via first-class mail for properties greater than one (1) block in size, or via certified mail for properties one (1) block or less in size. The notification will include a description of the request, applicant's information, legal description of subject property, and the date of the hearing. 4) PUBLC HEARNG: The Public Hearing will be held during a regularly scheduled City Council meeting, and the applicant or his/her representative MUST BE PRESENT to address any questions that the Mayor or Council members may have. 5) ZONNG CHANGE S FNAL: f the City Council approves the zone change, the ordinance is published in the Current Argus. The change is considered final five ( 5) days after publication

166 166 Zoning Change Application Page 3 of7 CTY OF CARLSBAD Planning, Engineering, and Regulation Department PO Box 1569, Carlsbad, NM Phone (575) Fax (575) G-r-13 Application Date: -+A--t--.-A-f-+--- Existing Zoning: ---1iLF"""-----1k:. ZONNG CHANGE APPLCATON Sec. 56-lSO(b) APPLCA~T NFORMATON: {l Q1vrd ~ lav'ert\t!y'illr!f AD~-&u 6it1 Fee Paid ($1.): (iyf P Proposed Zoning:~ PROPERTY OWNER NFORMATON (attach separate sheet for multiple owners):!!vld~ U\.Vtr~ V'l'oJ..e~t&~x?t! [Q(!i'Jad NM 'lid-1?n-?ial-~!d>l cl t~@v'ls.io'\. CTY STATE ZP PHONE ~~s. ~ *A signed affidavit from the property owner(s), consenting to submittal of the application, must be included with the application. LEGAL DESCRPTON AND/OR STREET ADDRESS OF PROPERTY (NCLUDEAMEETSANDBOUNDS ;z~;m~~~~achsepara?±~issaro!d ~()}L ~fit!\< 3 ADDRESS LOT BLOCK SUBDVSON

167 167 Zoning Change Application Page4 of7 REASON FOR THE REQUEST An amendment to the Official Zoning Map or to the Text of the Zoning Ordinance must be justified by one or more of the following. Check all that apply: D The proposed amendment will not adversely impact the public health, safety or general welfare and will or will not promote the original purposes of the Zoning Ordinance. The proposed amendment responds to changed conditions, such as changes in public capital investments, road locations or functional classification, population trends, density, use or further studies that have been completed since adoption of the Zoning Ordinance. D D D D D D The proposed amendment is necessary in order to respond to State and/or Federal legislation. The proposed amendment provides additional flexibility in meeting the objectives of this Zoning Ordinance without lowering the standards of the Zoning Ordinance. The proposed amendment is in substantial compliance with the City's Comprehensive Plan or other City Master Plan. The proposed amendment will not adversely affect the implementation of the goals and policies of the City's Comprehensive Plan or other City Master Plan. The proposed amendment will correct a mistake in the Official Zoning Map or the text of the Zoning Ordinance. The proposed amendment is justified in order to respond to changes in the City's Comprehensive Plan or other City Master Plan including, but not limited to, changes in land use assumptions, surrounding uses, population forecasts, rates of land consumption, anticipated community needs or other factors. Required prior to P & Z: Complete Application ncluding: D Map D Fee D Letter D Notification D Sign Agreement Required prior to City Council: Council Hearing Date: Publication Date: Property Owner Notification Sent (within 1 ' minimum.): D ABM D Staff Comments D Application Packet D Draft Ordinance D P&Z Minutes Council Action: D D Denied D Other Ordinance No.:

168 168 Zoning Change Application Page 5 of7 CTY OF CARLSBAD AFFDAVT BY PROPERTY OWNER(S) F AN APPLCATON S MADE BY SOMEONE OTHER THAN THE PROPERTY OWNER THS FORM MUST ACCOMPANY THE APPLCATON MATERALS. APPLCAT}1N TYPE: SfLoNNG CHANGE CONDTONAL USE DV ARANCE TEMPORARY USE STATE OF NEW MEXCO) ) ss COUNTY OF EDDY ) (WE} HEREBY CERTFY that am (we are) the owners of record of the pr~pfrty described as follows: ADDRESS OF PROPERTY: Sal\ ~5;~ fk\ VC\ LEGALDESSCRYTON()d ~KArMi3ADoP-t oftmcl "t SUBDVSON BLOCK LOT OR TRACT (WE} UNDERSTAND, CONCUR AND AFFRM: That this application may be approved, approved with conditions or denied and that, as the property owner, it is my responsibility to ensure that any conditions are complied with and to ensure that the property is maintained in a condition so as not to jeopardize the health, safety or welfare of others and that compliance with all applicable City ordinances is required, and (WE} HEREBY EXECUTE THS AFFDAVT in support of the proposed application as presented: ACKNOWLEDGED, SUBSCRBED, AND SWORN to before me this Dt day of ;fu_l'\..e,, 2 lb._, hyba.ut..l-\- X,a..V:.Q J'YN,fuili'{ Notary Publi~ LLJ ~,... e_jj... o.-1'-l (ADDTONAL OWNERS: ATTACH SEPARATE SHEETS AS NECESSARY) My commission expires: l{ \_ 3 l L_ '2-. OFFCAL SEAL Shelly Wht.eler, --., NOTARY PUBLC '" STATE OF NEW MEXCO My Commission Explres<-\13' /2 oz.o

169 169 Zoning Change Application Page 6 of7 NOTFCATON SGN POSTNG AGREEMENT Notification of Public Hearings before the City of Carlsbad Planning and Zoning Commission is required pursuant to Sec (i). Signs shall be posted a minimum of 5 days prior to and shall be removed a maximum of 5 days after the public hearing. f the sign is not posted as required, the application will be delayed and will not be considered at the public hearing as scheduled. The sign shall be posted at the street side property line with a secure stake provided by the applicant. have read and understand these requirements. understand where the sign is to be located and my obligation to post the sign prior to the public hearing and remove it afterwards. " te}tlus DATE Sign issued by: +~-1-.f.-LfM...L\{-lJQ=er Notification Agreement Rev, 1/11 l1 -J5, 1 () 169

170 17 Zoning Change Application Page 7 of7 Dear Property Owner, This letter serves as legal notification of a pending action before the City of Carlsbad Planning and Zoning Commission in accordance with Code of Ordinances Sec (i). You are being notified because you are a property owner within one-hundred feet (1') of the subject site. ;:~::;o;.~~~ijr;~~~~ ~~ 6ls-3wl-tokD Th.9 proposed action is a: n ~[) c "7 ' Zoning Change from-'-l',_k-=-_to --,z _in accordance with Sec (b). D Variance/Appeal from Sec. --:-: in accordance with Sec. 56-lSO(c). The purpose of the variance/appeal is: D Conditional Use Permit in accordance with Sec. 56-!SO(f). The purpose of the permit is for a: D Home Occupation: D Otber Use: The Planning and Zoning Commission will consider this request at a Public Hearing on: Date: '1 ( 2--liB Time: 5:pm Place: City Annex Planning Room 114 S. Halagneno St. Carlsbad, NM 8822 The Code of Ordinances can be found on the City's website For details about tbis request contact the applicant OR contact the City Planner at or via at jepatterson@cityofcarlsbadnm.com. 17

171 171 7D17 17 DODD DODD DODD

172 172 u.s, Postal Service'" CERTFED MAL RECEPT Domestic Mail Only CAHLSBAD 31 N CANYON ST CARLSBAD NM /14/218 <8CJ> :31 AM ru m CJ.JJ - ' ~ ' - ' U.S. Postal Service'" - CERTifiED MAL RECEPT Dom~stic Ml/if Only ' u.s.. Postal Servioo,; CERTFED MAL RECEPT Domestic Mall Only -::t\~~~t3: ~~ ~r:~;~(~ c::j t'- ~~~~-~~~<9~~i i MALEY, DAVJD & laverne PO BOX CARlSBAD, NM , 172 : :r:.:.'. P:~oo~Jct Cescr-iptlon Sale Qty Fino Pt'ice First-Class ' Mal Lette' <Do~ est c) <CARLSBAD, NM 88221) <Welgilt:O Lb.4 Ozi <Est mated Deli ver y Date) <Saturday 6/161218) Certified 1 $3.45 (@O:JSPS Certified Mail#) ( ) Firs:-Ciass 1 $.5 Mall Letter Womes:i cl (CARLSBAD, NM 88221l <weight:o Lb.4 Ozl <Estimated Delivery Date} <Saturday 6/16/218) Certified 1 $3.45 (li USPS Cer--: i f i ed Ma: # l ( ) First-Class ' $.5 Mai; _etter <Dorest i c) (carlsbad, NM 88221) (\!eigi ~:O Lb.4 Ozl (Estlrrated Delivery Date) (SatLtrday 6/:o/2181 Certifi ea 1 $3A5 (blllliljsps Certiflea Mall #) ( ) oe5i ~ -c:ar:a.r"er t'd -- $1:.85 --:t:-1. s5 (Card Name:VSAl ( Accour:t #: XXXXXXXXXXXl<D36 l <App"oval #: ) Cransacti on #:942) (Receipt #:17854) Web t Card Purchase :$11. 85) (Cash Back:$.) <Entry Mcde:Chip) <AD:A9884Gl (f,ppllcation Label :US DEBTl PN:Va.~ifl e<j by PlNl (Cryptcgr am: 7FE2FCE58E4869CBJ (ARC:OOl ( CVR : 42Q; \AD:OG1A368Cl <TS:68l TVR:8848Gl

173 L L.. lsbad, NM lntormation carlsbadnm.maps.arcgis.com/apps/webappviewer/index.html?id=oafe3 6aaae Carlsbad, NM nformation San Jose Blvd, carlsbad, Nr X Sa;Jsse ~ Carlsbad, New Mexico, 8822 (C- k, of 1 5/211218, 1:58 AM

174 174 CTY OF C.ARLSBAD Phone (57 5) Fax (575) ~ ~~~ ~ / ~- _j THS S A REQUEST FOR: ~ New Address Address Change Additional Address USE OF PROPERTY: Single-Family Residence Residential Duplex Multi-Family Residence Commercial Property ndustrial Property '<71 Other (describe) ii :'..,, f"j \"'--\'-. '- (\ ~ NOTE TO APPLCANTS Properties are assigned both a street address, for the purpose of general location, and geodetic coordinates that are used fore emergency response. Consequently, specific details are required to define tile location of the primary structure and access to each property. Addresses will not be assigned to vacant properties, unless they are located in a subdivision and further subdivision ls not possible, or unless development is imminent. Addresses are only assigned to property defined as developable under the Carlsbad Code of Ordinances. The address number shall conform to Ordinance No regarding Chapter 46, Article V, of the Code of Ordinances, City of Carlsbad, concerning posting of address numbers. The Property owner is responsible for installing and maintaining address numbers. An occupancy permit will not be ssued unless the address numbers are properly installed. CHANGE OF ADDRESS: (CHECK REASON FOR CHANGE) Existing address is out of sequence or range. Property is on a corner lot, and primary access is referenced to the wrong street. Existing address is a duplicate of another address or street name. Problems exist receiving emergency or other city services. Other: (Describe on other side of application) LOCATON OF PROPERTY AND PROPOSED ACCESS: Lf _ \ ~ l- 2_(}-?Lf _, Universal Parcel Code - UPC (Assigned By Eddy County Assessor):...-! lt CAtf5 Cucrent Add cess (f Appli~a91'\~: pte ~ '2_ )_\ Si::iX\.J ".. 8J Vel ~ ~. Property Location: lcll..(o: -~~ccnv\ N~). 3 l. or-r;:= L SubdtV1SOn Name ocl< Lot REQURED DOCUMENTATON: Copy of the recorded plat of the property, if not located in a platted and recorded subdivision. Site plan or sketch which shows the property lines, the footprint of the new building(s), and location of the entrance dimensioned from the property lines along street frontage. APPLCANT NFORMATON: Name: l.'av cd~;tc"ty-:e.rt\f:jy\c;) fll{ Firm: Property Owner Developer Tenant Architect/Engineer Contract<?[. Other : Address: t{) B-X "SlC:! Telephone:t::51'5--?;;( [-ltwo \ Ltt r l sl.cc~cl, kl \'V\ 6 23 )_J o Facsimile: OWNER APPROVAL: Printed Name: Address: leohone 5f:)-3Je -f (co) ' '-.:. 174

175 1:1,56 l inch = 13 feet Address Assignment 217 San Jose Blvd 175 Map # 1526_ed1 Date: 6/1/218 Address Roads c:j Parcel Feet 22 MPORTANT: Maps, products and data are NOT surveyor quality and are only to be used as a reference '

176 BNDEL ST Zone Change Request - R-R to C San Jose Blvd. Carlsbad Zoning C-1 C-2 PUD R-1 R-2 R-R SAN JOSE BLVD W WOOD AVE HARPER ST 2115 LAREDO ST PEACHTREE ST PLUM ST DAVS ST ,5 Feet 6/15/218

177 Zone Change Request - R-R to C San Jose Blvd. Carlsbad Zoning C-1 C-2 PUD R-1 R-2 R-R SAN JOSE BLVD W WOOD AVE HARPER ST , Feet 6/15/218

178 178 Agenda tem #15: Report Regarding Plats Approved Through Summary Review Process 178

179 179 STONE LNE ADJUSTMENT LOT 2 JfEST FOX STREET ~ FOUND #4 REBAR; NO CAP ~ FOUND 1" PPE ~ LOT 1 FOUND #4 REBAR; CAP 851 A REPLAT OF LOTS 5 &:- 7, BLOCK 45 OF STEVENS ADDTON SUBDVSON, RECORDED N CABNET 1 SLDE 7-2 OF THE MAPPNG RECORDS OF EDDY COUNTY, NEW MEXCO; N WHCH LOT 15 S BENC CREATED AND WHOSE PERMETER S FURTHER DESCRBED AS FOLLOWS: BEGNNNG AT THE NORTHWEST CORNER OF LOT 9, BLOCK 45; THEN N'39'16"E, ALONG THE EAST R.O. W OF A 2 FOOT ALLEY TO THE SOUTHWEST CORNER OF LOT 3, FOR 1. FEET; THEN S89'28"37"E, ALONG THE SOUTH LNE OF LOT J TO THE WEST R.. W. OF NORTH ALAMEDA STREET, FOR FEET; THEN S.38'33"W, ALONG THE WEST R.. W. OF NORTH ALAMEDA STREET TO THE NORTHEAST CORNER OF LOT 9, FOR 1. FEET; THEN N89'28'31 "W, ALONG THE NORTH LNE OF SAD LOT 9, FOR FEET, BACK TO THE PONT OF BEGNNNG, CONTANNG.34 ACRES, MORE OR LESS. LOT 4 RTA ~ST 17/665 LOT 3 AND THS PLAT S SUBJECT TO ALL EASEMENTS OF RECORD. LOT 6 LOT 8 LOT 1 S89'26'27" 15.12' FOUND 2" PPE > " ~ }L -1 > (.()... > Q_ <:- ---9!') o LOT 15..._. a g \ ±.34 ACRES ~ a... ~ a ~ UNE: BENG ADJUSTED ~ '* ~~ P.O. B. v 14Q,99' N89'28'31"W LOT 9 ELSA D MADRD 86/ 723 LOT 12 LOT 11 FOUND 1" PP LOT 14 LOT 13 d z ::J FOUND 1" ) PPE (J) a (.,.j Q) ~ <.-., ~~ STATE OF.bxYJ ~~------' -.Ad :SS OWNERS STATEMENT AND AFFDAVT COUNTY OF tlo ~ : THE ABOVE SGNED )3 1NG FRST OUL Y SWORN ON OATH, STATE: AS THE OWNERS AND PROPRETORS WE HAVE OF OUR OWN FREE WLL AND CONSENT CAUSED THS PLAT WTH TS LOT TO BE PLATTED. THE PROPERTY DESCRBED ON THS PLAT LES WTHN THE PLA TT/NG JURSDCTON OF: CTY OF CARLSBAD SUBSCRBED, SWORN TO AND ACKNOWLEDGED BEFORE ME THS ~~ DAY OF,J\.lt\Q.,, 2~l8,.. ---: BY uca t/r S~ NOTARY PRNT OWNERS NAME 1fEST GREENE STREET OFF CAL SEAL Rachel Pyeatt ~ NOTARY PUBLC STATE OF NEW ;:;..reo My Commission Ex p i;~s lv ZcC Scale 1 " = 5' OTES AND OBSERVATONS:. THE SUBJECT PROPERTY LES N THE CTY LMTS OF CARLSBAD. 2. WATER, SEWER, GAS, AND ELECTRC ARE N THE ALLEY BEHND THE PROPERTY. LECEN.D CORNER FOUND AS NOTED SET /14 REBAR, CAP lf.-~-x- F NC LN FOUND COTTON PCKER SPNDLE NEW & OLD EASEMENTS APPROVAL BY THE CTY PLANNNG COMMSSON THS S TO CERTFY THAT THS PLAT HAS BEEN NSPECTED APPROVED BY THE PLANNNG COMMSSON, OR TS DESGN. OF THE CTY OF CARLSBAD. COUNTY OF EDDY, STATE OF NEW MEXCO ON THSJ.f!!:_ DA Y OF :;; 1..Z-, 2 /r{. 3. THE ROAD$ HAVE CURB, GUTTER AND SDEWALK$, AND THERE 1$ ASPHALT N THE NORTH ALAMEDA STREET. BULDNG SETBACKS ARE A$ PER LEA COUNTY REQUR M N TS: FRONT - 3 FEET REAR - 1 SDE - 5 FEET LOT SZE: ±.34 ACRES 6. THE SUBJECT PROPERTY LES N FLOOD PLANE "X", WHERE AREAS ARE DETERMNED TO LE OUTSDE THE.2% CHANCE ANNUAL FLOODPLAN, ACCORDNG TO THE FRM 3515C165 D, WTH AN EFFECTVE DATE OF UN 4, 21 ASS OF BEARNGS AND DSTANCES:. BEARNG$ SHOWN HEREON ARE REFERENCED TO THE NORTH AMERCAN ATUM OF 1983 (NAD 83), NEW MEXCO EAST ZONE (NM ZONE 31).. AREAS AND DSTANCES ARE SURFACE MEASUREMENTS.. ALL MEASUREMENT$ WERE MADE ON MAY 1, 218. THE DSTANCES ARE ASUR D N THE US SURVEY FOOT. R&R SURVEYNG LLC A LAND SURVEYJNG COMPANY SERVNG CARLSBAD AREA FOR 2+ YEARS NDEXNG NFORMATON FOR COUNTY CLERK SEC. 6 T22S R27E N. M. P. M. SUBDTVSON: STONE LNE ADJUSTMENT OWNER: LNDA A STONE CTY: CARLSBAD COUNTY: E DY STATE: NEW MEXCO DATE: MAY 1, 218 ACCESS: YES STATE OF NEW MEXCO, COUNTY OF EDDY, HER BY CERTFY THAT THS NSTRUMENT WAS FL FOR RECORD ON, MELVN R. PY A TT, JR., A NEW MEXCO REGSTERED PROFESSONAL SURVEYOR, CERTFY THAT AM RESPONSBLE FOR THS SURVEY, AND THAT THS SURVEY S TRUE AND CORRECT TO THE BEST OF MY KNO'NLEDGE AND BELEF. THS SURVEY AND PLAT MEET THE MNMUM STANDARDS FOR SURVEYNG N NEW MEXCO. /1111~ MELVN R. PY A TT, JR., 423 W. GREEN ST. SUT 1, CARLSBAD, N.M., 8822, CERTFCATE NO. 2251, TEL , FAX Reception: Cab: 7 Slide: 152 p es: 1 Recorded: 6/18/218 1 :45 PM Faa: $25. '!ddy County, :\"ew Mexico - Robin Van Natra, o 1111 y Jerk ( ) 179

180 <> o ' -~ N 8"22'27' --F-O-UN_.D~#-: :FTiiouiJr;NmD"-]/f44o/ REBAR, NO a REBAR. NO C/P CAP TRACT 14 RCK & LORRANE ORTZ 514/737 - HDAlGO ~AD ' LNES BENG ADJUSTED ' TRACT fb :to. 82 ACRES REDVSON OF TRACT 1 OF TRANGLE SUBDVSON A REPLAT OF TRACT 1, OF TRANGLE SUBDVSON, AS SHOWN N CABNET A SLDE OF THE MAPPNG RECORDS OF EDDY COUNTY. NEW MEXCO, N WHCH TRACTS la, B &: C ARE BENG CREATED AND WHOSE PERMETER S FURTHER DESCRBED AS FOLLOWS: BEGNNNG AT THE NORTHWEST CORNER OF SAD TRACT 1; THEN N88.22'27"W, ALONG THE SOUTH R.O. W. OF HDALGO ROAD TO THE WEST R.O. W. OF NA T/ONAL PARKS HGHWAY, FOR FEET; THEN S29.59'33"W, ALONG THE WEST R.O. W. OF NATONAL. PARKS HGHWAY, FOR FEET; THEN N 86.49'47"W, ALONG THE NORTH LNE OF TRACT 2, FOR FEET; THEN N86"25'46"W, ALONG THE NO(?THERL Y LNE OF TRACT 4, FOR FEET; THEN Noo o6'25"e, TO THE SOUTH R.O. W. OF A 2 FOOT ALLEY, FOR FEET; THEN N88"35'56"E FOR 1. FEET; THEN N"6'21,ALONG THE EA ST R.O. W. OF SAD 2 FOOT ALLEY FOR 3. FEET, BACK TO THE PONT OF BEGNNNG, CONTANNG 6.55 ACRES ALL TOGETHER. TRACT fa :t5.29 ACRES AND THS PLAT S SUBJECT TO ALL EASEMENTS OF RECORD. BARRE HOOD NC 29/239 NBB"J3'~6"E 1. k4-- BARR HOOD NC ~Lu 1.{) ~ (.() p FOUND /14 TRACT 4 a REBAR, NO :::::CliP ' CB RV PROPERTES 116/727 N86.25'46"W FOUND //4 REBAR, NO CAP TRACT 2 ALBERT MARCHONE 234/285 FOUND #4 REBAR, NO CAP N86"49'47"W SCOTT BEAN, PRESDENT OF BARR/ HOOD NC STAT OF _ OWNERS STATEMENT AND AFFDAVT _.., k)=ry/..:...:. -,,d COUNTY OF k '-1. tt ~ - ss TH ABOVE" SGNED B /~G FRST DULY SWORN ON OATH, STAT : AS TH OWNERS AND PROPRETORS WE HA Vf OF OUR OWN FR ~LL AND CONSENT CAUSED THS PLAT ~TH TS TRACTS TO B PLA TTEO. TH PROPERTY DESCRBED ON THS PLAT LES WTHN THE PLATTNG JURSDCTON OF: CTY OF CARLSBAD SUBSCRif!_ED, SWORN TO AND ACKNOW.. DG D -r:gor ME THS~DAY OF \X'o.\, 2 \ BY _:"i (tt\- buclo ~ f'- HliJtl ~ LECEND 9 9 CORNER FOUND AS NOTED SET 14 REBAR, Scale 1 " = 9' CAP »--»--"- FENC LNE NEW & OLD EASEMENTS LAND LNE LN 8 /NG ADJUSTED NOTES AND OBSERVATONS: 1. THE SUBJECT PROPERTY LES N THE CTY LMTS OF CARLSBAD. 2. BULDNG SETBACKS ARE AS PER CTY OF CARLSBAD REQUREMENTS: FRONT- 3 FEET 3. THE ROADS HAVE CURB AND GUTTER, AND THERE S ASPHALT N NATONAL PARKS HGHWAY. 4. WATER, SEWER, AND ELECTRC ARE N NATONAL PARKS HGHWAY. 5. THE SDEWALKS ARE N GOOD REPAR AROUND THE SUBJECT PROPERTY. 6. LOTS SZES ARE: 1 LOT-±.7 ACRES 1 LOT-±.8 ACRES 1 LOT-±.9 ACRES 7. THE SUBJECT PROPERTY LES N FLOOD PLANE "X", WHERE AREAS ARE DETERMNED TO LE OUTSDE THE.2% CHANCE ANNUAL FLOODPLAN, ACCORDNG TO THE FRM 3515C1325 D. WTH AN EFFECTVE DATE OF JUNE 4, BASS OF BEARNGS AND DSTANCES: 1. BEARNGS SHOWN HEREON ARE REFERENCED TO THE NORTH AMERCAN DATUM OF 1983 (NAD 83), NEW MEXCO EAST ZONE (NM ZONE 31 ). 2. AREAS AND DSTANCES ARE SURFACE MEASUREMENTS. THE DSTANCES ARE MEASURED N THE US SURVEY FOOT AND DSTANCES ARE SURFACE DSTANCES. 3. ALL MEASUREMENTS WERE MADE ON APRL 3, APPROVAL BY 7'HE Cl7'Y PLANNNC COMMSSON THS S TO CERTFY THAT THS PLAT HAS BEEN NSPECTED APPROVED BY THE PLANNNG COMMSSON, OR TS DESGNEE, OF THE CTY OF CARLSBAD. COUNTY OF EDDY. STATE OF NEW MEXCO ON THS ;tf1 DAY OF -y;q. 2_jj_. /, MELVN R. PYEATT. JR., A N W MEXCO REGSTERED PROFESSONAL SURVEYOR, CERTFY THAT AM RESPONSBLE FOR THS SURVEY, AND THAT THS SURVEY S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELEF. Tl f/s SURVEY AND PLAT MEET TH MNMUM STANDARDS FOR SURVEYNG N NEW MEXCO. MELVN R. PYEATT, JR., 423 W. GREENE ST. SU T 1, CARLSBAD. N.M., 8822, C R71FCA TE NO. 2251, TEl , FAX OFFCAL SEAL Rachel Pyeatt NOTARY PUBLC STATE OF NEW MEXCO My Commission Explrea\Vtc zo\'8 R&R SURVEYJNC LLC A LAND SURVEYNG COMPANY SERVNG CARLSBAD AREA FOR 2+ YEARS lndexng NFORMATON FOR COUNTY CLERK SEC. 3 T22S R27E N.M.P M. SUBDVSON: REDVJSON OF TRACT 1 OF TRANGLE SUBDVSON OWNER: BARRE HOOD NC C1Y: CARLSBAD COUNTY: EDDY STATE: NEW MEXCO DATE: APRL 3, 2J 8 ACCESS: YES AREA: ±6.55 ACRES TOOE1HER STAT OF NEW MEXCO, COUNTY OF EDDY, HERE BY CERTFY THAT THS NSTRUMENT WAS FLED FOR RECORD ON Y: APRL 218 BRSKEYSR 43!8 BRSK YSR D4J1B.DWG 18

181 181 A REDVSON OF BACA LNE ADJUSTMENT REPLAT OF BACA LNE ADj1JSTMENT, RECORDED J.N CABNET 6, SLDE 654-1, OF THE MAPPNG RECORDS OF EDDY COUNTY, NEW MEXCO; N WlH CH TRACTS 1, 2, 3, 4, 5, 6, 7 & 8 ARE BElNG CREATED Al\TD ARE FURTHER DESCRBED AS FOLLOWS: BEGNNNG AT THE NORTHEAST CORNER OF SOUTHERN SKY UNT 2 SUBDVSON, FLED N CABNET 1, SUD 165-2, OF THE MAPPNG RECORDS FOR EDDY COUNTY, NEW MEXCO; THEN S1"35 '26", ALONG THE EAST LNE OF CALLED SUBDVSON, FOR FEET; THEN THRU A CURVE TO THE LEFT FOR 28.9 FEET (RAD= FEET), WTH A CHORD THAT BEARS S89'39'35" FOR FEET; THEN N88'23'19"[, ALONG THE NORTH UN OF SOUTHERN SKY UNT 1, FOR 445. FEET, TO THE WEST LNE OF AN ALLEY; THEN N1'35'1"W, ALONG THE SA D WEST LNE, FOR M= (REC=399.8 FEET). TO THE SOUTH LNE OF W. ROSE STREET; THEN S88"25'36" W, ALONG THE SOUTH UN OF ROSE STREET, FOR FEET, BACK TO THE PONT OF BEGNNNG. CONTANNG 4.34 ACRES MORE OR LESS _. _ FOUND #4 T- lb -~- - 3?S~. sr:f!e~_r_.. _.._.. _.. _.._.._.. _ ~~ 8 ~~ p S88.25'36"W FOUND # 4. JF~O~U~N~D~#~4~~~~~~~ ~~~~.,~~~--~~~~.,~~~--1t~~~-,~~--~~--~A~--~~~--r REBAR NO CAP 1 -r REBAR, NO CAP r V) :u 54.47' l/) 54.47' a~ ~ -...\ll ~ r r r. Ol ln <..i 1 CJl M ~ 'V "-.) (J) 1\-:) ~ ) rrf ~ 73.14' ' (/) 54.47' (/) (/) l/) a a CX) -... ~ - ~ ~ ~ ~ Ol Ol Ol Ol ) <..i <..i t--.5 c) ) '.J '.J l>l co <) M M M M OFFCAL SEAL Rachel Pyeatt (/) /\: -< "' :;o < ~ (/) ft1 lj c )> :;o rn A l/) - =l ft1 -< (/) - z c z <..N <.o N Co \~ 1-t- a ~~ ~~ a~ a ~ ~ ~CJ ::t:.,.cj CJ~ CJ~ ~... ::~ Vj ~ 1-t- ~ a ~~ a~ ::t:.,.cj ~~ a~ ::t:.,.cj (")~ CJ~ ;tit.,:) ;ti~ ~ ~ HAML TON ROOFNG COMPAN) TERRY L. BA(t-A & ANDREW ~ STNG, 129; 788 l>l 1 ~ ~ co ~ ' '... ~ '.J '.J t- ~ a - ~ ~~ Q)~ a~ ~ ~CJ ::t:..cj CJ..., (")~ ~) ~C) Vj V) HAML TO/\ ROOFNG COMPAN ~. TERRY L. BA{;A & ANDREW NESTNG, t ALLEY 54.47' ~ ~ '.J l>l ' ~ '.J... 1-t- 1-ta 1-ta 1-t- 1-t- a - ~ -~ )~ )~ ""\2~ ""\2~ ~CJ ~CJ CJ~ ~'\! Vj V) C'J~ ~Q:) t-,) a :t. r- r- 1"1 -< HAML TCN ROOFNG COMPA Y, TERRY L B~CA & ANDREV NESTNG, 12~/788 s 2: STATE OF COUNTY OF OWNERS STATEMENT AND AFFOA VT --rcx(l:s t=} f'a~ : ss THE ABOVE SGNED BENG FRST DUL Y SWORN ON OATH, STATE: AS THE OWNERS AND PROPRETORS ~ HAVE OF OUR OWN FREE WLL AND CONSENT CAUSED THS PLAT W TH TS TRACTS TO BE PLATTED. THE PROPERTY DESCRBED ON THS PLAT LES W THN THE PLATTNG JURSDCTON OF: CTY OF CARLSBAD SUBSCRB~t.'~N ~AND ~LEDGED BEFORE ME THS~ DAYOFs. ~,2~ By Ard rc"\j N e~cs AND 'To:C~ BtJc ~r~- '- -r--c.. '-%JS~t&r NO TARY PUB SHAWNA RENEE ANGULO NOTARY PUBLC STATE OF TEXAS MY COMM. EXP. 2/1f.?O NOTARY 1 135:)2()2.() LOT 2 LOT 1 LOT 4 LOT 3 BL 1 NOTES AND OBSERVATONS: 1. TH SUBJ CT PROPERTY L/ S N TH CTY LM TS OF CARLSBAD. 2. BULDNG SETBACKS AR AS PER CTY OF CARLSBAD ZONNG REQUREMENTS: FRONT -.3 F T SD F T REAR - 1 F T.3. WATER, S W R, GAS, AND L CTRC AR N TH ALL YS TO TH AST OF AND B HND TH SUBJ CT PROPERTY. 4. TH ROAD DOES NOT HAVE CURB AND GUTTER OR SDEWALKS, AND TH R S ASPHALT N TH ROADWAY. BASS OF BEARNGS AND DSTANCES: 1. BEARNGS SHOWN H R N AR REFERENCED TO THE NORTH AM RCAN DATUM OF (NAD 83), N W MEXCO AST ZON (NM ZONE.31 ). 2. AREAS AND DSTANCES ARE SURFAC MEASUREMENTS. TH DSTANCES AR M ASUR D N THE US SUR 'v'ey FOOT..3. ALL M ASUR M NTS WERE MAD ON AUGUST 18, 215. BLOCK 3 S UTHERN SKY SU DVSON UNT. 1 6 LECEN.D CORNER FOUND AS NOTED SET 114 REBAR, CAP 2251 QUARTER CORNER NE1Y.t OLD EASEMENTS LAND LNE 6 12 ' 7iil~~=~i Scale 1 " = 6' APPROVAL BY THE CTY PLANNNC COMMSSON THS S TO CERTFY THAT THS PLAT HAS BEEN NSPECTED APPROVED BY TH PLANNNG COMMSSON, OR TS DESGN, OF THE CTY OF CARLSBAD, COUNTY OF DDY, STATE OF NEW MEXCO ON THS (tf_j DAY OF Jvu, 2jL, MELVN R. PYEATT, JR., A NEW MEXCO REGSTERED PROFESSONAL SURVEYOR, CERnFY THAT AM RESPONSBLE FOR THS SURVEY, AND THAT THS SURVEY S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELEF. THS SURVEY AND PLAT MEET THE MNMUM STANDARDS FOR SURVEYNG N NEW MEXCO. MEL VN R. P YEATT, JR., 423 W. GREENE ST. SUTE 1, CARLSBAD, N.M., 8822, CERTFCATE NO. 2251, TEl FAX R&R SURVEYNG LLC A LAND SURVEYNG COMPANY SERVNG CARLSBAD AREA FOR 2+ YEARS NDEXNG NFORMAT ON FOR COUNTY CLERK SEC. 19 T22S R27E N. M. P.M. SUBDVSON: REDYSON OF BACA LNE ADJUST~illNT OWNER: HAMLTON ROOFNG COMPANY ANDREW NESTNG & TERRY BACA CTY: CARLSBAD COUNTY: EDDY STATE: NEW MEXCO DATE: MAY 21, 218 ACCESS : YES STATE OF NEW MEXCO, COUNTY OF EDDY, HERE BY CERnFY THAT THS NSTRUMENT WAS FLED FOR RECORD ON 181

182 182 OLD ROSE FARM BOUNDARY ADJUSTMENT SURVEY REPLAT OF TRACT 2 OF OLD ROSE FARM #4 AND TRACT 3 OF OLD ROSE FARM #2 CARLSBAD ============EDDY COUNTY===========NEW MEXCO DEDCATON: "'o- -1a OLD ROSE FARM NO. 7 ~6'- C'$'6' (/);. 6'~ '<1)).. 6'~ ~6'~ ~$'-1-~ ~$'-1-)' ~ / / ( _ / / / / / / / / AVALON AT CARLSBAD PHASE APARTMENTS ~ _l "' "' "l q c }> --l r= =i m -< en en ~ m en 1';; m ;:: m m ;:: m z --l z --l TRACT2A ACRES±.. - N89"11'22"E ' (3') S"29'12"W 29.79' ~ 8 z 5/8" REBAR S89"11 '32"W 48.48' (48.38') TRACT 4 OLD ROSE FARM NO. 3 1/2" REBAR WTH CAP "851" S89"9'51''W 48.38' ~ 'J S89"9'11"~... - w. ~ ;.. ~!:"> TRACT 3A Lti p 2.617:ACRES± ~ g (/) '. ~ CD w (/) -, z cji... Troy Young Community Park 1 J-lt1;f!m:l S,; _!!- ~. ;;- Si ~ ",M;.- ;: 1:'! f)' ~ g- :.J VCNTY MAP Pt.nc l ACKNOWLEDGMENT STATE OF NEW MEXCO) COUNTY Of EDDY) THS S TO CERTFY THAT T""" FOREGONG JSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THS THE '-\ DAY OF!LY\R 218, BY LAVERNE MALEY. MY COMMSSON EXPRES: S/~ jqo)l DEDCATON: STATE OF NEW MEXCO) COUNTY OF EDDY) BE T KNOWN THAT THE UNDERSGNED OWNER AND PROPRETOR OF TRACT 2 OF OLD ROSE FARM NO.4 AND TRACT 3 OF OLD ROSE FARM NO.2, CTY OF CARLSBAD, EDDY COUNTY, NEW MEXCO, HAVE CAUSED THE SAME TO BE PLATED, WTH HS FREE WLL AND DESRE, NTO WHAT S KNOWN AND HEREBY DESGNATED AS OLD :~';~~'' ~") '"'m.,~~ _,M, rn"''oo'n DAVDMrlh ~ STATE OF NEW MEXCO) COUNTY OF EDDY) OLD ROSE FARM NO x x LEGEND c;; PROPERTY LNE PROPERTY LNE ABANDONED PER THS PLAT ADJACENT PROPERTY LNE EXSTNG EASEMENT LNE 3' ACCESS AND UTLTY EASEMENT LNE PER THS PLAT BARBED WRE FENCE FOUND 1/2" REBAR UNLESS OTHERWSE NOTED SET 1/2" REBAR WlirH PLASTC CAP STAMPED "2127" RECORD DSTANCE MEASURED DSTANCE THS S TO CERTFY THAT T4 FOREGONGJNSTJ1UMENT WAS ACKNOWLEDGED BEFORE ME ON THS THE DAY OF lll\-(. 218, BY DAVD MALEY MY COMMSSON EXPRES: sjti QcO-\ APPROVAL BY THE CTY OF CARLSBAD PLANNNG COMMSSON THS S TO CERTFY THAT THS SUMMARY SUBDVSON PLAT HAS BEEN NSPECTED AND APPROVED BY THE CTY PLANNNG COMMSSON OF THE CTY OF CARLSBAD, EDDY COUNTY, NEW MEXCO. ONTHS /t{/: DAYO <:::::::::::: ATTEiST m ~ a N N ' 4' 3. MTH ENGNEERMG r;._.- SOLUTONS FOR TODAY... VSON FOR TOMORROW 41 Pennsylvania Roswell, NM 8821 Phone: (575) Fax: (575) NOTES: 1. BEARNGS BASED UPON NEW MEXCO STATE PLANE COORDNATES, GRD ZONE EAST. DSTANCES SHOWN ARE MEASURED GROUND DSTANCES, US SURVEY FEET. COMBNED SCALE FACTOR= RECORD AND FLED MEASUREMENTS ARE EQUVALENT UNLESS OTHERWSE NOTED. UTLTY LNES AND OTHER MPROVEMENTS ARE NOT SHOWN EXCEPT THOSE WHCH MAY BE NTERPRETED AS A BOUNDARY LNE OR SHOW A LNE OF OCCUPATON. DOCUMENTS USED N PERFORMNG THS SURVEY: OLD ROSE FARM NO. 7, CABNET 5, SLDE 48-1 OLD ROSE FARM NO. 4, CABNET 3. SLDE OLD ROSE FARM NO.4 REPLAT. CABNET 5, SLDE 29-1 OLD ROSE FARM NO.3, CABNET3, SLDE OLD ROSE FARM NO.2, CABNET2, SLDE NDEXNG NFORMATON FOR COUNTY CLERK SURVEYOR'S CERTFCATE OWNER(S): DAYD AND LA\(ERNE MALEY, CASEY K. HUNTER, NEW MEXCO PROFESSONAL SURVEYOR No.2127, DO SECTON(S): 7 AND 18 TOWNSHP(S):.,2'-"2S, RANGE(S): -"'27'-'E~-~ HEREBY CERTFY THAT THS BOUNDARY SURVEY PLAT AND THE ACTUAL SURVEY ON THE GROUND UPON WHCH T S BASED WERE PERFORMED BY ME OR UNDER SUBDVSON: OLD ROSE FARM NO.4 AND OLD ROSE FARM NO.2 MY SUPERVSON; THAT AM RESPONSBLE FOR THS SURVEY; THAT THS SURVEY MEETS THE MNMUM STANDARDS FOR SURVEYNG N NEW MEXCO; AND THAT T S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELEF. FURTHER FLNG AND RECORDNG CERTFY THAT THS SURVEY S A LAND DVSON OR SUBDVSON AS DEFNED N THE NEW MEXCO SUBDVSON ACT AND S N THE JURSDCTON OF THE CTY OF cm-tsm-4 FLED FOR RECORD N THE EDDY COUNTY CLERK'S OFFCE ON THE -----~ iiiiiiii.eddy COUNTY, NEW MEXCO. ALL SGNATJRES WERE OBTANED AFTER DAY OF.218 AT., ~ CABNET.SLDE~ ALL REVSONS ERE MADE TO THE FNAL PLAT. CASEY K. H R, P.S. NO PEN~SVLVANA AVE. ROSWELL, NEW MEXCO 8821 DATE OF SURVEY: 5/22/21 8 5/31/218 DATE: FEE: ~ RECEPT# ~ COUNTY CLERK DEPUTY 182

183 183 CHASTAN LAND DNSON A LAND DVSON OF THE 1.98 ACRES SHOWN ON CHASTAN REPLAT #!(CABNET 6, SLDE 58- OF THE MAP RECORDSOF EDDY COUNTY), LYNG N SECTON 27, TOWNSHP 22 SOUTH, RANGE 27 EAST, N.M.P.M., N WDCH TRACTS AND 2 ARE BENG CREATED AND DESCRBED BY TER PERMETER AS FOLLOWS: BEGNNNG AT A PONT ON THE SOUTH LNE OF SAD SECTON 27, WHCH PONT S 144. FEET WEST OF THE SOUTHEAST CORNER OF SAD SECTON 27; THEN S89.46'23"W, CONTNUNG ALONG THE SOUTH LNE OF SAD SECTON 27, FOR FEET, TO THE NTERSECTON PONT OF THE EASTERLY RGHT-OF- WAY OF THE B.N.S.F. RALROAD AND THE SOUTHERLY SECTON LNE OF SAD SECTON 27; THEN N46"2J'7"W, ALONG THE EASTERLY RGHT-OF- WAY OF THE RALROAD, FOR FEET, THE THE NORTH LNE OF SE1/4SW1/4 OF SAD SECTON 27; THEN N89"38'5"E, ALONG THE NORTH LNE OF SAD SECTON, FOR 94.2 FEET, TO THE CENTER OF A CONCRETE LNED DTCH; THEN S46"21'2"E, ALONG THE CENTER OF A CONCRETE LNED DTCH, FOR FEET; THEN S89"1'16"E, ALONG THE CENTER OF A CONCRETE LNED DTCH, FOR FEET, TO THE WEST LNE OF BECKETT TRACTS; THEN SOZ5'42"E, ALONG THE WEST LNE OF CALLED BECKETT TRACTS, FOR FEET; THEN S2"1'41"W, ALONG THE WEST LNE OF THE ANAYA PROPERTY, FOR FEET, BACK TO THE PONT OF BEGNNNG. CONTANNG ±11.98 ACRES, MORE OR LESS, AND S SUBJECT TO ALL PERTANNG EASEMENTS OF RECORD.. SET/4. REBAR, CAP ' ~~~ ' --y ' ' JJO' 6 TRACT LARRY ct ~y BE:CKE:TT, TRf:Y.t KAU H~GH(S, 116/4 N89 7'38'5o"E 56.41' JJO' - T--83tr.41.!. 1 1'.nl '<t- l'j" PLATED 15' UllUTY EASEMENT, BECKm TRACTS (/) ~ a al ~: VJ VJ rrf LECENJ CORNER FOUND LAND LNE AS NOTED <) LNE BENG ADJUSTED SET 1/4 REBAR, CAP 2251 RALROAD llllllllll COTTON PCKER SET (CPS) 6 MEASURED DSTANCE ( :34'} SECTON CORNER RECORDED DSTANCE + (R 12.34'} QUARTER CORNER r:::q:::j APPROVAL BY THE CTY PLANNNC CONNSS/ON THS JS TO CERTFY THAT THS PLAT HAS BEEN NSPECTED APPROVED BY THE PLANNNG COMMSSON, OR TS DESGNEE, OF THE CTY OF CARLSBAD, COUNTY OF EDDY, STATE OF NEW MEXCO ON flf- ~){;~ A:}!; THS c~ ' CONCRETE RRGAllON DTCH ' TRACT 1 ±7.15 ACRES TRACT 2 ±4.83 ACRES ' FOUND #4 REBAR, NO C FOUND /4 R BAR, NO CAP N"16'44"W ' N'7'2rw _, ' ENTTLEMENT EXEMPTON FLED ON THS DAY...J DAY OF. 2. A.D. N BOOK. PAGE ~ OF THE EDDY COUNTY RECORDS SET 14 REBAR, p ~ CONCRETE RRGATON DTCH SMEDLEY ROAD (6') 144' R 74) FOUND /16. TE TO PROPERTY REBAR, NO CAP THS PLAT S EXEMPT FROM THE STATE SUBDV1SON ACT, AND THE COUNTY SUBDVSON ORDNANCE, UNDER M(13) DEFNJTONS (EFFECTVE 213); THE SALE OR CONVEYANCE OF A SNGLE PARCEL FROM A TRACT WTHN A 5 YEAR PEROD (NOT A PREVOUSLY APPROVED SUBDJ VSON). NOTES AND OBSERVATONS: 1. WATER AND ELECTRC ARE N THE STREET AT THE FRONT OF THE PROPERTY. SEWAGE S SEPTC. 2. THERE ARE NO SDEWALKS OR CURB AND GUTTER. THERE S ASPHALT N THE ROADWAYS. 4. EDDY COUNTY DOES NOT HAVE ANY SETBACK REQUREMENTS. 5. THE SUBJECT PROPERTY LES N THE PLATTNG JURSDCTON OF EDDY COUNTY. 6. LOTS SZES ARE: 1 LOT-± 7.15 ACRES 1 LOT-±4.83 ACRES 7. THE SUBJECT PROPERTY LES N FLOOD PLANE "X", WHERE AREAS ARE DETERMNED TO LE OUTSDE THE.2% CHANCE ANNUAL FLOODPLAN, ACCORDNG TO THE FRM 3515C1325 D, WTH AN EFFECTVE DATE OF JUNE 4, 21. BASS OF BEARNGS AND DSTANCES: 1. BEARNGS SHOWN HEREON ARE REFERENCED TO THE NORTH AMERfCAN DATUM OF 1983 (NAD 83), NEW MEXCO EAST ZONE (NM ZONE 31). 2. AREAS AND DSTANCES ARE SURFACE MEASUREMENTS. THE DSTANCES ARE MEASW?ED!N THE US SUR\1 '( FOOT AND DSTANCES ARE SURFACE DSTANCES. 3. ALL MEASUREMENTS WERE MADE ON APRL 23, 218. OWNERS STATEMENT AND AFFDA 111T state of New N\ax::~o :SS ~~~r:oef Sr;;N1J B't~G F1R~T DULY SWORN ON OATH, STATE: AS THE OWNERS AND PROPRETORS WE HAVE' OF OUR OWN FREE WLL AND CONSENT CAUSED THS PLAT WTH TS TRACTS TO BE PLATTED. THE PROPERTY DESCRBED ON THS PLAT LES WTHN THE PLATTNG JURSDCTON OF: EDDY COUNTY AND CARLSBAD PLANNNG AND PLADNG AREA, SUBSCRBED, SWORN TO AND ACKNOWLEDGED BEFORE ME THS s~ DA Y OF ~.$ 4Jt=f, 2~ vj -t. OFFCAL SEAL Suzan M. Pyeatt NOTARY PUBLC ~.t...:.~~::::..._.,---l-~o<;...::..:..._. STATEOFNE ME CO APPROVED AND ACCEPTED BY THE EDDY COUNTY BOARD OF COMMSSONERS OR AGENT THS DAY OF 2~ B~------= ~ AG NT ATTES~---~~~= ~ COUNTY Clf:RK, MEL 111N R. PYEATT, JR., A NEW MEXCO REGSTERED PROFESSONAL SURVE'YOR, CERTFY THAT AM RESPONSBLE FOR THS SURVEY, AND THAT THS SURVEY S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELEF. THS SURVEY AND PLAT MEET THE MNMUM STANDARDS FOR SURVEYNG N NEW MEXCO. MEL'=lU.J R. PYfATT. JR., 42J W. GREEt.JE S SU/1f 1, CARLSBAD, N.M., 8822, CERTFCATE NO. 2251, TELE , FAX R&R SURVEYNC LLC A LAND SURVEYNG COMPANY SERVNG CARLSBAD AREA FOR 2+ YEARS NDEXNG NFORMATON FOR COUNTY CLERK SECTON 27 T22S R27E N. M.P. M. SUBDVSON: Ci~STAlN LAND DVSON OWNER: RCHARD W. CHASTAN CTY: CARLSBAD COUNTY: EDDY STATE: NEW MEXCO DATE: MAY 31,218 ACCESS: YES AREA: ± ACRES TOGETHER STATE OF NEW MEXCO, COUNTY OF EDDY, HERE BY CERTFY THAT THS NSTRUMENT WAS FLED FOR RECORD ON My Commission Expires~~..uL-- 183

184 CASA DEL & A OWNERS DEDCATON, STATEMENT AND AFFDAVT STATE OF NEW MEXCO) COUNTY OF EDDY) RO ESTATES, BLOCK 2, LOT PORTON OF LOT 14 REPLAT THE UNDERSGNED BENG FRST DULY SWORN ON OATH, STATE: LOT 14 STEVEN M. GARZA AND LNDSAY F. GARZA (BK 469, PG. 633) " \ \ AS OWNER AND PROPRETOR HAVE OF OUR OWN FREE WLL AND CONSENT CAUSED THS PLAT WTH TS TRACTS AND EXSTNG ROAD RGHT-OF- WAY AND EASEMENTS TO BE PLATTED N SECTON 31, TOWNSHP 21 SOUTH, RANGE 27 EAST, N.M.P.M., EDDY COUNTY, NEW MEXCO. THE PROPERTY DESCRBED ON THS PLAT LES WTHN THE PLANNNG AND PLATTNG JURSDCTON OF EDDY COUNTY, NEW MEXCO GREGORY H. VAUGHAN - TRUSTEE OF THE JOHN FARRS VAUGHAN AND RUTH H. VAUGHAN REVOCABLE TRUST \ \ \ \ LNDSAY F. GARZA \ (BK 469, PG. 633) TRUSTEE OF THE JOHN FARRS VAUGHAN AND RUTH H. VAUGHAN REVOCABLE TRUST (BK 241, PG. 1193) TRACT A.454 Acres LOT 13 WLL M. BRANTLEY AND MELANE D. BRANTLEY (BK 764, PG. 67) LOT 12 ACKNOWLEDGMENT STATE OF NEW MEXCO) COUNTY OF EDDY) THS NSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THS DAY OF, 218 BY GREGORY H. VAUGHAN - TRUSTEE OF THE JOHN FARRS VAUGHAN AND RUTH H. VAUGHAN REVOCABLE TRUST. MY COMMSSON EXPRES: NOTARY PUBLC LEGEND - DENOTES FOUND MONUMENT AS NOTED - DENOTES SET OR FOUND 7/2" STL W/OC MKD "HARCROW 17777" DENOTES PROPERTY LNE DENOTES FENCE j - DENOTES 7 7' DRANAGE, UTLTY, & RRGATON DTCH EASEMENT - ELECTRC - SEWER MANHOLE r... 'j - CONCRETE ---~ r APPROVAL BY THE CTY PLANNNG COMMSSON THS S TO CERTFY THAT THS REPLAT HAS BEEN APPROVED BY THE CTY PLANNNG COMMSSON, OR TS DESGNEE, OF THE CTY OF CARLSBAD, COUNTY OF EDDY, STATE OF NEW MEXCO, ON THE DAY OF, 218. COMMSSON DESGNEE SURVEYOR'S CERTFCATON, CHAD HARCROW, A NEW MEXCO REGSTERED PROFESSONAL SURVEYOR CERTFY THAT DRECTED AND AM RESPONSBLE FOR THS SURVEY, THAT THS SURVEY S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELEF, AND THS SURVEY AND PLAT MEET THE MNMUM STANDARDS FOR SURVEYNG N NEW MEXCO. N WTNESS WHEREOF HEREUNTO SET HAND AND AFFX MY OFFCAL SEAL THS DAY OF, 218. PROPERTES TO BE REPLATTED: THE FOREGONG REPLAT OF LOT 13 AND PART OF LOT 14, BLOCK 2 OF THE CASA DEL RO ESTATES TO THE COUNTY OF EDDY N SECTON 31, TOWNSHP 21 S, RANGE 27 E AS DESCRBED BY DEED RECORDED N BOOK 241, PAGE 1193 AND 1194 OF THE OFFCAL RECORDS OF EDDY COUNTY, NEW MEXCO. SUBJECT TO RESERVATONS, RESTRCTONS, EASEMENTS OF RECORD AND N OPEN VEW AND EDDY COUNTY PROPERTY TAXES. FLOOD ZONE: THS PROPERTY S N FLOOD ZONE ( X ) as shown on the FEMA, Flood nsurance Rate Map, Community-Panel Number: 3515C155D, Map Effective: June 4, 21. PURPOSE: THE PURPOSE OF THS PLAT S TO COMBNE LOT 13 AND PART OF LOT 14 TO ONE TRACT. NOTE: LOCATONS OF UTLTES ARE BASED ON ABOVE GROUND PHYSCAL EVDENCE AND/OR ONE CALL MARKNGS. BASS OF BEARNG: BEARNGS SHOWN HEREON ARE MERCATOR GRD AND CONFORM TO THE NEW MEXCO COORDNATE SYSTEM "NEW MEXCO EAST ZONE" NORTH AMERCAN DATUM DSTANCES ARE SURFACE VALUES. ARC LENGTH CHORD LENGTH CHORD BEARNG DELTA ANGLE 8.46' 8. 15' S65"39'42"E 17"27'21" LNE BEARNG DSTANCE L1 S75"8 '16 "E 1.' L2 N42"56'51 "E 27.59' VCNTY MAP NOT TO SCALE 184 NDEXNG NFORMATON FOR COUNTY CLERK CHAD HARCROW N. M.P. S. NO OWNER: GREGORY H. VAUGHAN - TRUSTEE OF THE JOHN FARRS VAUGHAN AND RUTH H. VAUGHAN REVOCABLE TRUST SECTON: SEC. 31, T 21 S, R 27 E, NMPM RELATED SURVEY: CASA DEL RO ESTATES (CAB. 1, SLDE 137-1) ACREAGE: TRACT A:..454 AC. HARCROW SURVEYNG, LLC ls 2314 W. MAN ST, ARTESA, N.M PH: (575) FAX: (575) c.harcrow@harcrowsurveying.com ~ ~ ~ HHHHH SCALE: 1"=3' FlUNG AND RECORDNG SURVEY DATE: JUNE 1, 218 DRAFTNG DATE: JUNE 14, 218 PAGE: 1 OF 1 APPROVED BY: CH DRAWN BY: AM FLE:

185 185 7/2" STL W/OC STAMPED "5412' w "'" OJ z ~mg 33'55"E ' GARAGE TRACT A ACRES HOUSE 1/2" STL W/OC STAMPED "54 2' \ \ RCHARD J. FORREST, SR. M~D BETTY J. FORREST REVOCABLE TRUST (BK. 258, PG. 18) NS9"16'31"E ' ' ME~H ~PUMP,:_PowcRF~ -~-==~,- _ ~, t=~ --~''c'-;-il m ~ L[) X X Q N ~! ~,~ HOUSE ~ N CORRAL ~ X ~ OJ n "' b X X \ ~~ Lx_j \ "'\m - _\_ :: - X X LOT 1. w z ~ ~ w " Q m X X " ~ [() n AZZNARO /HYDEN OWNERS STATEMENT AND AFFDAVT STATE OF NEW MEXCO) COUNTY OF EDDY) THE UNDERSGNED BENG FRST DULY SWORN ON OATH, STATE: REPLAT & VACATON AS OWNER AND PROPRETOR HAVE OF MY OWN FREE WLL AND CONSENT CAUSED THS PLAT WTH TS TRACTS AND EXSTNG ROAD RGHT-OF-WAY AND EASEMENTS TO BE PLATTED. THE PROPERTY DESCRBED ON THS PLAT LES WTHN THE PLANNNG AND PLATTNG JURSDCTON OF EDDY COUNTY, NEW MEXCO. DAVD AZZNARO TODD S HYDEN ACKNOWLEDGMENT STATE OF NEW MEXCO) COUNTY OF EDD'r) THS NSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THS AZZNARO MELSSA AZZNARO ROBYN S. HYDEN DAY OF, 218 BY DAVD AZZNARO AND MELSSA w "'" " OJ z X S89"16'3"W 251.3' TRACT B 1.7 ACRES FORMERLY LOT 2 OF THE C & T SUBDVSON (CAB. 5, SLDE 671-1) DAVD AZZNARO AND MELSSA AZZNARO (BK. 955, PG. 988) S89" 16' 19"W 253.8' 1/2"STL LYLE R. FOLSOM M~O Ml YUNG M FOLSOM LEGEND (BK. 872, PG. 373) DENOTES SEPTC DENOTES GAS DENOTES COMM. PEO e - DENOTES FOUND MONUMENT AS NOTED - DENOTES SET OR FOUND 7/2" STL W/OC MKD "HARCROW 1777r ----D DENOTES WOOD FENCE --- X - DENOTES METAL FENCE _,, DENOTES POWERUNE W/POLE DENOTES NEW BOUNDARY LNE DENOTES FBER OPTC CABLE --~ -o"--- DENOTES GAS LNE - DENOTES WATER LNE cs=~ ~- DENOTES 2' TO BE VACATED \ ;~ Ct PROPERTY TO BE DVDED: THE FOREGONG LAND DVSON OF LOT 2 OF THE C & T SUBDVSON TO THE COUNTY OF EDDY N SECTON 3, TOWNSHP 21 S, RANGE 27 E AS DESCRBED BY DEED RECORDED N BOOK 955, PAGE 988 OF THE OFFCAL RECORDS OF EDDY COUNTY, NEW MEXCO. OJ n b Vl ~ ~ 5' UTLTY EASEMEijT PER THS-PLAT i (FORMERLY 5' PRVATE ACCESS M<D 19.54' /UTLTY EASEMEijT (CAB. 5, SLDE 671-1)) S88'59'4~3_1"W~"2~3~8~.5~6~ ~:=~;:=~~-=~~;;;:o;:;;;;c;;;i=j r \CAB.TSl.JDEBii=l) ~ w ~s 1~~=R~GAS L<E EA;~MEJT "'"--"""-= =- ~~ -"' - : ~ER OPTC r "" TODD S HYDE~~ M~D 1/2" STL STAMPED ROBY~" S. HYDE~~ (BK. 926, PG. 334) so.oo'_j 2o.oo ~~/ r- L W/OC "5412' 3o' ACCEss Nm UTLTY 64 ' EASEME~H (PER THS PLA.T) ACRES S89" 16'31 "W 31.87' ROBERT R. CULVER M~D ELZABETH J. CULVER (BK., PG. 886) l co n i 'Vl /1 1 Jl t j! " ~+--. " "!) 2" STL CURVE RADUS ARC LENGTH CHORD LENGTH CHORD BEARNG DELTA ANGLE C1 5.' ' J/.62' 571"J7'J2''W 323"7'48.4" " MY COMMSSON EXPRES: ACKNOWLEDGMENT STATE OF NEW MEXCO) COUNTY OF EDDY) NOTARY PUBLC THS NSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THS HYDEN MY COMMSSON EXPRES: NOTARY PUBLC DAY OF, 218 BY TODD S HYDEN AND ROBYN S. APPROVAL BY THE CTY PLANNNG COMMSSON THS S TO CERTFY THAT THS LAND DVSON PLAT HAS BEEN APPROVED BY THE CTY PLANNNG COMMSSON, OR TS DESGNEE, OF THE CTY OF CARLSBAD, COUNTY OF EDDY, STATE OF NEW MEXCO, ON THE DAY OF, 218. COMMSSON DESGNEE SURVEYOR'S CERTFCATON, CHAD HARCROW, A NEW :MEXCO REGSTERED PROFESSONAL SURVEYOR CERTFY THAT DRECTED AND AM RESPONSBLE FOR THS SURVEY, THAT THS SURVEY S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELEF, AND THS SURVEY AND PLAT MEET THE MNMUM STANDARDS FOR SURVEYNG N NEW MEXCO. N WTNESS WHEREOF HEREUNTO SET HAND AND AFFX MY OFFCAL SEAL THS DAY OF CHAD HARCROW N.M.P.S. NO NDEXNG NFORMATON FOR COUNTY CLERK OWNER(S): DAVD AZZNARO AND MELSSA AZZNARO, TODD S HYDEN AND ROBYN S. SECTON: SECTON 3, TOWNSHP 21 S, RANGE 27 E RELATED SURVEY: C & T SUBDVSON (CAB. 5, SLDE 671-1) ACREAGE: TRACT A: TRACT B: ACRES 1.7 ACRES 218. SUBJECT TO RESERVATONS, RESTRCTONS, EASEMENTS OF RECORD AND N OPEN VEW AND EDDY COUNTY PROPERTY TAXES. TOTAL: ACRES FLOOD ZONE: THS PROPERTY S N FLOOD ZONE X as shown on the FEMA, Flood nsurance Rate Map, Community-Panel Number: 3515C155D, Map Effective: June 4, 21. PURPOSE: THE PURPOSE OF THS PLAT S TO DVDE LOT 2 ~HO TRACTS A M~D TRACT B. NOTE: LOCATim"S OF UTLTES ARE BASED m" ABOVE GROU~m M~D/OR m"e CALL MARK~~GS. PHYSCAL EVDE~"CE BASS OF BEARNG: BEAR~~GS SHOW~~ HEREm~ ARE MERCATOR GRD Nm cm~form TO THE ~~EW MEXCO COORO~"ATE SYSTEM "l"ew MEXCO EAST zm"e" ~~ORTH AMERCM" DATUM OSTM~CES ARE SURFACE VALUES. VCNTY MAP NOT TO SCALE ls HARCROW SURVEYNG, LLC 2314 W. MAN ST, ARTESA,N.M.821 PH; (575) FAX: (575) clllm:row~ 5 5 SCALE: 1"-5' 1 FLNG AND RECORDNG SURVEY DATE: MAY 23, 218 DRAFTNG DATE: MAY 3, 218 PAGE: OF 1 APPROVED BY: CH DRAWN BY: LL FLE:

186 186 LOT t Q!UAHACA. ACRE$, ~lot:~ ~, l/2" S1L R BR COG OP RATNG LLC Blll!lllll!lll11'.DE AWJS1JWE1r W/P.c. """' (BK. 1, PG. 1J6) (TE) (CAB. 6, SLD[ 17-1) "J~ Z.54' : N89'5J'41"E ' 1/2' PP< N89'57'2"E ' "--.. VZ'RffiM +-~~~~~~==~x~;;~--~~~------~~~----~ ==~~~~~~~~~ ~ V/"'f.C. /12641 QUAHAOC»AACFR~ E: J.L ~~'~i F Wi ~ fr:==:.:..:=:llt\"jo' PfPEUNE EASEMENT (CAB. A, SLD 181) t ~ - ;--- (BK. 688, PG. 1226) LOT 2A. ~ ~ {BK. 692, PG. 475) THOMAS A & ~ g ~ BG EDDY MARY H. APPUNG g C"\1 ~ lw'"""'-t1l.vunt 1Jt5o (BK. J44, PG. 99J) ~ 1/r REBA_:..,. :N.::8;;9;;:'5;;4;;'J;:;-;;1 ".;;[;-;;--;-;;4::66;:: ;;.5;1-' -~~r'/2" REBAR ~~ ;? PREVOUSLY LOT 28 ;;:;::: ~ ~ ~ ~ ltii-r.,----_1--~-;....- lt--'---{f- <ci CLARA E. BROWN co 2j.&!i..- ~ ~ (BK. 252, PG. 465} ~ "..- #f''f""" "---,===;;;---:==--'"'"fu, _..- 1/2"PPE"" S89'54'J1"W '. ~ 4 BPL ENERGY TWJS.. LOT 3 SPECTRAS/'Tf COMMUNCA T/ONS NC. ;::. (BK. 89J, PG. J49} Jz " <ci ~ ---1/2;--;;;;;t --~~ ,{f- TRACT A Ac. NCDENT CATERNG SERVCES, LLC, DBA ELLPSE GLOBAL (BK. 118, PG. 194} ""' 8Pco --~~ -/1----_ f ODERS STJ.TEBNT AND AJ'J'DJ.VlT STATE OF NEW :MEXCO) COUNTY OF EDDY) QUAHADA ACRES, LOTS 2B, 6 & 7 BOUNDARY LNE ADJUSTMENTS THE UNDERSGNED BENG FRST DULY SWORN ON OATil, STATE: AS OWNERS AND PROPRETORS WE HAVE OF OUR OWN FREE WLL AND CONSENT CAUSED THS PLAT WTH TS TRACTS AND EXSTNG ROAD RGHT-OF-WAY AND EASEMENTS TO BE PLAT'ED. THE PROPERTY DESCRBED ON THS PLAT JES WTHN THE PLANNNG AND PLATTNG JURSDCTON OF THE CTY OF CARLSBAD, EDDY COUNTY, NEW MEXCO =~~~==~==~=~= GLEN DEAL, VCE PRCSDENT NCDENT CATERNG SERVCES, LLC, DBA ELJPSE GLOBAL CLARA E. BROWN JCKROlllJ!lllC>En STATE OF NEW :MEXCO) COUNTY OF EDDY) ROBERT JABLONSK THS NSTRUMENT lras ACKNOWLEDGED BEFORE l4e ON THS ---- DAY OF BY GLEN DEAL, VCE PRESDENT - NCDENT CATERNG SERVC~. LLC, DBA EJ.PSE GDBAL MY COMMJSSON EXPRES: JCKROlllEDG..., STATE OF NEW l4exco) COUNTY OF EDDY) THS NSTRUMENT lras ACKNOWLEDGED BEFORE ME ON THS MY COMMJSSON EXPRES: N~OT"-ARY'"'PUBUC.,.., DAY OF, 218 BY CLARA E. BROWN. LOT 4 TGB EQUPMENT LEASNG ll_c (BK. 18, PG. 754} PREYOUSLY LOT 7 ili!a\!!1\ 1\1:11~,!!W:OC 1, lllll!lil!ll\1111' UE \W!iil1rMEil1r (CAB. 6, SUD 17-1) JCKROlllEDG..., STATE OF NEW l4exco) COUNTY OF EDDY) THS NSTRUMENT lras ACKNOWLEDGED BEFORE ME ON THS MY COMMJSSON EXPRES: ~~~~ NOTARY PUBJC DAY OF, 218 BY ROBERT JABDNSK. N~OT"-ARY'"'PUBUC.,.., APPROVAL BY '1"111: Crr'f PLAlfli1lm CODSSOii THS S TO CERTFY TAT TillS REPLA.T HAS BEEN APPROVED BY THE CTY PLANNNG COMMSSON, OR TS DESGNEE, OF THE CTY OF CARLSBAD, COUNTY OF EDDY, STATE OF NEW MEXCO, ON THE ---- DAY OF LOT 5 ROBERT JABLONSK (BK. 229, PG. 445} 1 PPE 14' ACCESS EASEMENT PER "'is PA T l'" N89'57'J6"E ' 1 S89"57'J6"W ' ~ li!q ""' ~ c:d NCDENT CATERNG SEFMC 5, o:.o ~ ~ r r-... lic, ~ EWPSE GLOBAL C'\1 8 - (BK. 118, PG. 94}.-.: N89'55'JJ"E ' <: ~ ~-~~~~~~~~r------x--- ~...- PREYOUSLY LOT 6 ~ a =t.w L-----X, ~~ TRACT B : ROBERT JABLONSK 7. "'36 A (BK. 229, PG. 445} 3 ~ "'-'' C. ~ ~ ~~- Q) 1/:1 PPE UES N84'24'2:J"W.61' F1K»>,_,./ POS. OF PROP. COR. S89'58 n-w S89'58'4"W ' 1/2" PPE (BE:f.lr} PROPBRTJES TO BE ADJUSTBD: THE FOREGONG BOUNDARY LNE ADJUSTMENT OF DT '', OF THE QUAHADA ACR!S, BlDCK 1, BOUJmAKY LNE AD.US'l'KBNT, DT 2B OF THE QUAHADA ACRC!3 REPLAT OF ldt 2, 1: ldt 6 OF ''BB QUAHADA ACRES. ALL TO THE COUNTY OF EDDY N SllCTJDlf 1'1', '1'11lf9HP 21 9, WGB 28 B AS DESCRBED BY DEEDS RECORDED N BOOK 118, PAGE 194, BOOK 252, PAGE 465, &: BOOK 229, PAGE 445 OF THE OFFCAL RECORDS OF EDDY COUNTY, NEW MEXCO. SUBJECT TO RCSERVATONS, RCSTRCTONS, EASEMENTS OF RECORD AND N OPEN VEW AND EDDY COUNTY PROPERTY TAXES. J'DOD ZONB: THS PROPERTY S N FDOD ZONE X as shown on the FElL\, Flood nsurance Rate llap, Community-Panel Number: 3515C11D, llap Effective: June 4, 21. TBB PLAT l9 BXEMPT FROM '1"111: NEW liexco BUBDmBDlf Cf AND '1"111: EDDY COUlft'Y SUBDMSlDN Rl!lGULA.'liDlfS UJmD 4.'1'-6-2 lflmj. 19'1'8 P l '' DD'lflTJDlfS Bn'EC'."'VV!: njly '', BXEMPTJON REASON USED: ('') The division of land resulting only in the alteration of parcel boundaries where parcels are altered for the purpose of lncreasl.ng or reducl.ng the al2e of contiguous parcela and where the number ot pcm:elfl ill not increflbed. AnACB CERllflED 9UBVEY9 SHDPC- AU. PARCBLS AND PARCEL BOUNDARS BEJ'ORB AND AJ'TER PROPOSED.ALTERATON. P1lR'OSlO THE PURPOSE OF THS PLAT S TO ADJUST THE BOUNDARY OF LOT 7, LOT 28, & LOT 6 TO CREATE TRACTS A & 8.,.,,., LOCATONS OF UTLTES ARE BASED ON ABOVE GROUND PHYSCAL EVDENCE AND/OR ONE CALL t.arkngs. BASS OF BBARJNG: BEARNGS SHOWN HEREON ARE t-4ercator GRD AND CONFOR'-4 TO THE NEW t-4exco COORDNATE SYSTEt.l ~NEW MEXCO EAST ZONE~ NORTH AMERCAN DATUM DSTANCES ARE SURFACE VALUES. GLO B.C. 1943" (S/4 COR. SEC ~ -- -i'f--- SECTON 7 =non 18 LEGEND MARK BOND (BK. 7J, PG. 122) JACK & TAMARA FAULK (BK. 431, PG. 684} MONUMENT FOUND AS NOTED SET OR FOUND 1/2" STL. W/O.C. MKD. "HARCROW 17777" OL WELL BARBED-WRED FENCE PPE FENCE POWERLNE W/POLE & ANCHOR BURED PPELNE CALCHE ROAD EASEMENT AS NOTED VCNTY MAP NOT TO SCALE 1/2 PPE UES S84'24'5"W 9.5' FROM POS. OF PROP. COR., COl4MSSON DESGNEE EDDY COUlft'Y APPROVAL APPROVED AND ACCEPTED BY THE EDDY COUNTY BOARD OF COUNTY COMMSSONER'S OR AGENT THS THE ---- DAY OF BY'== AGENT SURUYOR'S CEilTJ'CA.'l'OR ~~~==~~= COUNTY CLERK L CHAD HARCROW, A NEW :MEXCO REGSTERED PROFESSONAL SURVE'YtiR CERTFY THAT DRECTED AND AM RESPONSBLE FOR THS SURVEY, THAT THS SURVEY S TRUE AND CORRECT TO THE Bm:T OF MY KNOWLEDGE AND BELEF, AND THS SURVEY AND PLAT MEET THE MNJ:MUK STANDARDS FOR SURVEYNG N NEW MEXCO. N WTNESS WHEREOF HEREUNTO SET HAND AND AFFX liy OFFCAL SEAL THS ---- DAY OF CHAD HARCROW N.K.P.S. NO BNTl'l'lEKElfT EDPTOlf J'llED OR THE ---- DAY OF N BOOK ---- PAGE ---- OF THE OmciAL RECORDS OF EDDY COUNTY. NDBXlfG MFORU.TOii FOR COUNTY CLBRK OWNERS: GElf BEAL, VCE PRESDDT - CLARA & BROWN ROBDT labdnsk SD;:TQN: ~lictqfi 1'7 1 TQQBHP 21 ~~ W«ili 21J RELATED SURVEYS: QUAHADJ. ACRES, BDCK 1, BliDY. LNE ADlUS'l'. (C.AB. 6, SLDE 1'1'--1) lfcdelft CJ.TERilfG SERv:tt:G, lu:. DBA ELLPSE GDBAL QUAHADJ. 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