Legal Committee

LEGAL COMMITTEE MEETING AGENDA Thursday, March 22, 2018 at 4:00PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Chair: Judy Stubbs, Ward 3 Vice Chair: Barry Foster, Ward 5 Members: George Peterson, Ward 4 Savino Sanchez Jr., Ward 4 Staff Liaison: Aaron Holloman CALL TO ORDER ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Approval of the minutes from the Legal Committee meeting on February 22, 2018. page 2 REGULAR ITEMS To recommend to full Council that the following RIAC agreements to existing leases be placed on the Consent agenda for approval: page 5 (A) Old Dog Brotherhood - Consider approval to authorize Old Dog Brotherhood, Roswell Chapter, to renew their current lease agreement on Building No. 734. page 7 (B) Cliff Waide - Consider approval to authorize Cliff Waide, an individual, to renew his current lease agreement on “T” Hangar Building No 120, Space 4. page 9 2. Ord 18-02 – OMA Zoning Districts - Consider approval of Proposed Ordinance 18-02 providing for new zoning districts for development at the Old Municipal Airport. page 11 PUBLIC PARTICIPATION ADJOURN Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and Resolution 17- 49. NOTICE OF POTENTIAL QUORUM – A quorum of the City Council may or may not attend, but there will not be debate by the City Council. The Council, acting as attendees to an informational presentation, will not be discussing public business and no action will be taken. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Printed and posted: Monday, March 19, 2018 --1-- Regular Meeting of the Legal Committee Held in the Conference Room at City Hall February 22, 2018 Notice of this meeting was given to the public in compliance with Section 10-15-1 through 10-15-4 NMSA and Resolution 17-49. ROLL CALL The meeting convened at 4:00 p.m. with Vice Chair Foster presiding and Councilors Best and Oropesa being present and one vacant member seat. Staff present: Scott Stark, Aaron Hollman, Joe Neeb, Bill Morris and Parker Patterson. Guests present: Paul Ragsdale, Chari Woods, Audrey Cottrell, Elaine Mayfield, Amy Davis, John LeMay, Rudy Sanchez, Adrian Sanchez and Alison Penn. APPROVAL OF AGENDA Councilor Best moved to approve the February 22, 2018 Legal Committee meeting agenda. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with one vacant member seat. APPROVAL OF MINUTES Councilor Best moved to approve the minutes from the January 25, 2018 Legal Committee meeting. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with one vacant member seat. REGULAR ITEMS 1. To recommend to full City Council that the following RIAC agreements to existing leases be placed on the consent agenda for approval: (A) Woods -Consider approval to authorize Thurston Woods, an individual, to renew his current lease agreement on a portion of Building No. 1776.- Mr. Stark stated that Thurston Woods leases the building for the purpose of storage of personal items. New rent amount is $177 monthly; $2,124 annually. Rent adjustment is 2.91%. The term is from April 1, 2018 through March 31, 2019. Thurston Woods has been a customer since April 2010. Councilor Best moved to send to full Council on consent agenda recommending approval to authorize Thurston Woods, to renew his current lease agreement on Building No. 1776 subject to all terms and conditions of the lease. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with one vacant member seat. (B) Canright/Putman-Consider approval to authorize Zachary Canright and Jared Putman, as individuals, to renew their current lease agreement on “T” Hangar Building No 120.-Mr. Stark stated that the building is leased for the purpose of aircraft storage and maintenance. New rent amount is $182 monthly; $2,184 --2--  annually. Rent adjustment is 2.25%. The term is from April 1, 2018 through March 31, 2019. Zachary Canright and Jared Putman have been customers since March 2015. Councilor Best moved to send to full Council on consent agenda recommending approval to authorize Zachary Canright and Jared Putman, as individuals, to renew their current lease agreement on “T” Hangar Building No 120 subject to all terms and conditions of the lease. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with one vacant member seat. (C) Pecos Flavors - Consider approval to authorize Pecos Flavors Winery, a New Mexico Limited Liability Partnership, a new lease agreement on a portion of Building No. 1, the coffee shop. -Mr. Stark stated that the new lease agreement is for purpose of operating a restaurant and bar. Rent amount is $100 monthly for the first 6 months; $100 rent monthly and $100 monthly for the liquor license lease for the second 6 months; $1,800 annually. The second year rent will be $300 monthly rent and $250 monthly for the liquor license lease; $6,600 annually. The term is from April 1, 2018 through March 31, 2020. Councilor Best move to amend the new lease agreement to add that Pecos Flavors shall have the first right of negotiation for any catering that is done within the fence to send to full Council on consent agenda recommending approval to authorize Pecos Flavors Winery, a New Mexico Limited Liability Partnership, a new lease agreement on a portion of Building No. 1, the coffee shop and subject to all terms and conditions of the lease. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with one vacant member seat. 2. Historical Society of Southeastern New Mexico (HSSENM) - Consider recommendation of approval of Lease Agreement with Historical Society for Southeastern New Mexico for property located at 208 North Lea Ave., Roswell, New Mexico. Mr. Morris stated that the building is owned by the City and has been leased to the HSSENM previously. The Historical Society of Southeastern New Mexico will not pay rent due to them providing services for the City. Councilor Best moved to send to full Council on consent agenda recommending approval to authorize Lease Agreement with Historical Society for Southeastern New Mexico for property located at 208 North Lea Ave., Roswell, New Mexico. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with one vacant member seat. 3. Diamond Heart Farms - Consider recommendation of approval of Lease Agreement with Diamond Heart Farms for property described as Township 11 South, Range 23 East New Mexico Principal Meridian: Section 2: SE1/4, excepting therefrom that portion heretofore platted and subdivided into what is known as "Gilliland Acres" and shown of record at Page 145 of Book B of Plat Records, Chaves County, NM. Mr. Morris discussed the lease agreement and stated that the property is owned by the City and has been leased to Diamond Heart Farms previously. Annual rent is $6,520.00. The agreement is a 4-year agreement and also includes a CPI adjustment. Councilor Best moved to send to full Council on consent agenda recommending approval to authorize Lease Agreement with Diamond Heart Farms for property described as Township 11 --3-- South, Range 23 East New Mexico Principal Meridian: Section 2: SE1/4, excepting therefrom that portion heretofore platted and subdivided into what is known as "Gilliland Acres" and shown of record at Page 145 of Book B of Plat Records, Chaves County, NM. Councilor Oropesa was the second. A voice vote was 3-0 and the motion passed with one vacant member seat. 4. Resolution 18-13 - Consider recommending approval to full council of Resolution 18- 13 providing for transfer of certain real estate via a quitclaim deed. Mr. Holloman stated that in 1982 the Roswell Water Development Corporation received title to real estate all surrounding a smaller lot containing a home. This transfer failed to properly exclude small portions of the smaller lot which from an examination of the records indicate was intended to remain separate. The smaller lot was transferred in 1983 to a different party. A survey was done in 1983 showing where the boundaries of the smaller lot lie and the extent that it is included in what was transferred with the larger lot. The current owner of the smaller lot is now seeking to have the mistake corrected by a quitclaim deed so that the title can be cleared. Councilor Best moved to send to full City Council Resolution 18- 13 providing for transfer of certain real estate via a quitclaim deed. Councilor Oropesa was second. A voice vote was 3-0 and the motion passed with one vacant member seat. PUBLIC PARTICIPATION None ADJOURN The meeting adjourned at 4:24 pm. --4--  AGENDA ITEM NO. 1– ABSTRACT LEGAL COMMITTEE MEETING Thursday, March 22, 2018 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 RIAC LEASES: (A) Old Dog Brotherhood (B) Cliff Waide ACTION REQUESTED: (A) Consider approval to authorize Old Dog Brotherhood, Roswell Chapter, to renew their current lease agreement on Building No. 734. (B) Consider approval to authorize Cliff Waide, an individual, to renew his current lease agreement on “T” Hangar Building No 120, Space 4. BACKGROUND: (A) Old Dog Brotherhood, Roswell Chapter, leases the building for the purpose of meetings and vehicle maintenance. 2,484 square feet. New rent amount is $228 monthly; $2,736 annually. Rent adjustment is 3.17%. Old Brotherhood, Roswell Chapter has been a customer since April 2011. (B) Cliff Waide leases the building for the purpose of aircraft storage and maintenance. 1,175 square feet. New rent amount $190 monthly; $2,280 annually. Rent adjustment is 2.70%. Cliff Waide has been customer since January 2013. FINANCIAL CONSIDERATION: (A) Old Dog Brotherhood, Roswell Chapter, new rent amount is $228 monthly; $2,736 annually. Rent adjustment is 3.17%.Term: May 1, 2018 through April 30, 2019. (B) Cliff Waide, new rent amount $190 monthly; $2,280 annually. Rent adjustment is 2.70%. Term: May 1, 2018 through April 30, 2019. LEGAL REVIEW: The City Attorney has reviewed the leases. BOARD and/or The Legal Committee is scheduled to meet on Thursday, COMMITTEE ACTION: March 22, 2018. --5-- STAFF (A) Consider approval of a one year lease with Old Dog RECOMMENDATION: Brotherhood of Building No. 734 consisting of 2,484 square feet located at the RIAC, for $2,736.00 payable in 12 monthly installments of $228.00, to be placed on the consent agenda subject to all other terms and conditions of the lease. (B) Consider approval of a one year lease with Cliff Waide of Building No. 120, space 4 consisting of 1,175 square feet at the RIAC, for $2,280.00 payable in 12 monthly installments of $190.00, to be placed on the consent agenda subject to all other terms and conditions of the lease. --6-- THIS LEASE executed in Roswell, New Mexico on this 12th day of April, 2018 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter “Landlord”, and OLD DOG BROTHERHOOD, Roswell Chapter, hereinafter “Tenant”. WHEREAS Landlord has agreed to lease to Tenant the real property described below, together with the improvements thereon, in Chaves County New Mexico, and Tenant has agreed to lease said real property and improvements from Landlord; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. GRANTING CLAUSE AND PREMISES. For the term, at the rent and otherwise upon the terms, provisions and conditions contained herein, Landlord hereby lets and leases unto Tenant the surface only to the following real property, together with all improvements located thereon: Building No. 734 consisting of 2,484 square feet, more or less, located at the Roswell International Air Center, identified on a plat attached hereto and made a part hereof, identified and listed as Exhibit "A" (Premises). 2. TERM. The Lease term is for one (1) year, commencing on May 1, 2018 and ending April 30, 2019 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Two Thousand, Seven Hundred Thirty Six Dollars and No Cents ($2,736.00), payable in 12 monthly installments of $228.00. Rent and other fees are due on the first day of each month. If Tenant fails to pay all rent and other fees due for any month by the tenth calendar day of the month that said rent and fees are due, Tenant shall pay to Landlord an additional 2% finance charge, as a penalty, each month until the full amount of that month’s rent is paid. This penalty shall be immediately payable without limiting Landlord in the exercise of any other right or remedy to which it may be entitled by reason of Tenant’s failure to pay rent when due. All rent shall be paid to Landlord without abatement, reduction or set off of any kind except as herein specifically provided. 4. SECURITY DEPOSIT. Tenant has paid $100.00 in advance as security for Tenant’s full and faithful performance of all terms of this lease. This amount shall be used by Landlord at the termination of this Lease Agreement toward a. payment for rent or penalties due Landlord, b. reimbursement of the costs of cleaning and repairing damages (beyond normal wear and tear) to the Premises and c. the cost of removal of any hazardous material not properly disposed of by Tenant. Landlord shall be the sole and reasonable judge of all cleaning and repairs required for the Premises and the amounts needed for these purposes. Upon termination or expiration of this Lease the security deposit shall first be applied to necessary cleaning and removal, repairs and the remaining balance, if any, may then be applied to rentals and penalties then owing to Landlord. Any refund of the security deposit due Tenant will be delivered or mailed in accordance with Paragraph 26 of this Agreement within 60 days after the termination of this Lease Agreement. 5. CONDITION OF PREMISES. Tenant has inspected Premises and accepts the Premises in its present condition “as is”. Tenant acknowledges that any requirements for accessibility and/or public accommodation(s) are Tenant’s responsibility. Tenant agrees that the Premises is in good repair and condition except as noted herein. Tenant agrees that, at the expiration of the term hereof, it shall yield up and deliver the Premises to --7-- --8-- THIS LEASE executed in Roswell, New Mexico on this 12th day of April, 2018 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter “Landlord”, and CLIFF WAIDE, an individual, hereinafter “Tenant”. WHEREAS Landlord has agreed to lease to Tenant the real property described below, together with the improvements thereon, in Chaves County New Mexico, and Tenant has agreed to lease said real property and improvements from Landlord; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. GRANTING CLAUSE AND PREMISES. For the term, at the rent and otherwise upon the terms, provisions and conditions contained herein, Landlord hereby lets and leases unto Tenant the surface only to the following real property, together with all improvements located thereon: Building No. 120 space 4 consisting of 1175 square feet, more or less, located at the Roswell International Air Center, identified on a plat attached hereto and made a part hereof, identified and listed as Exhibit "A" (Premises). 2. TERM. The Lease term is for one (1) year, commencing on May 1, 2018 and ending April 30, 2019 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Two Thousand, Two Hundred Eighty Dollars and No Cents ($2,280.00), payable in 12 monthly installments of $190.00. Rent and other fees are due on the first day of each month. If Tenant fails to pay all rent and other fees due for any month by the tenth calendar day of the month that said rent and fees are due, Tenant shall pay to Landlord an additional 2% finance charge, as a penalty, each month until the full amount of that month’s rent is paid. This penalty shall be immediately payable without limiting Landlord in the exercise of any other right or remedy to which it may be entitled by reason of Tenant’s failure to pay rent when due. All rent shall be paid to Landlord without abatement, reduction or set off of any kind except as herein specifically provided. 4. SECURITY DEPOSIT. Tenant has paid $164.00 in advance as security for Tenant’s full and faithful performance of all terms of this lease. This amount shall be used by Landlord at the termination of this Lease Agreement toward a. payment for rent or penalties due Landlord, b. reimbursement of the costs of cleaning and repairing damages (beyond normal wear and tear) to the Premises and c. the cost of removal of any hazardous material not properly disposed of by Tenant. Landlord shall be the sole and reasonable judge of all cleaning and repairs required for the Premises and the amounts needed for these purposes. Upon termination or expiration of this Lease the security deposit shall first be applied to necessary cleaning and removal, repairs and the remaining balance, if any, may then be applied to rentals and penalties then owing to Landlord. Any refund of the security deposit due Tenant will be delivered or mailed in accordance with Paragraph 26 of this Agreement within 60 days after the termination of this Lease Agreement. 5. CONDITION OF PREMISES. Tenant has inspected Premises and accepts the Premises in its present condition Aas is@. Tenant acknowledges that any requirements for accessibility and/or public accommodation(s) are Tenant’s responsibility. Tenant agrees that the Premises is in good repair and condition except as noted herein. Tenant agrees that, at the expiration of the term hereof, it shall yield up and deliver the Premises to --9-- --10--  AGENDA ITEM NO. 2– ABSTRACT LEGAL COMMITTEE MEETING Thursday, March 22, 2018 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Adding Old Municipal Airport Specific Zoning Districts ACTION REQUESTED: Consider approval of Proposed Ordinance 18-02 providing for new zoning districts for development at the Old Municipal Airport BACKGROUND: City staff has been working on developing a master plan for the redevelopment of the Old Municipal Airport. The plan being looked at consists on a pattern that would include new large-lot residential areas, as well as a commercial corner at the NE corner of Sycamore and College Blvd. In addition, there is a planned mixed-use area in the core of the NW quadrant of OMA. This agenda is a discussion of the 5 new zoning districts needed to implement the OMA Master Plan. In the attachments, new language is underlined and yellow highlighted. FINANCIAL CONSIDERATION: There are no additional costs associated with this request at this time. LEGAL REVIEW: The City Attorney has reviewed the proposed changes. BOARD and/or The Legal Committee is scheduled to meet on Thursday, March COMMITTEE ACTION: 22, 2018. STAFF Consider approval of Proposed Ordinance 18-02 providing for RECOMMENDATION: new zoning districts for development at the Old Municipal Airport ATT 1 – Proposed Ord. No. page 12 ATT 2 – Visualization of Changes page 15 ATT 3 – OMA Map page 35 --11--  PROPOSED ORDINANCE 18-02 AN ORDINANCE AMENDING THE CITY OF ROSWELL ZONING ORDINANCE TO INCLUDE ADDITIONAL RESIDENTIAL ZONING DISTRICTS Whereas, the City of Roswell owns property referred to as the “Old Municipal Airport;” and Whereas, the City Council desires to ensure the best use of the property according to consistent design and land use principles; and Whereas, the best use of the property can be achieved by the creation of special zoning districts for the Old Municipal Airport. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL AS THE GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that: SECTION 1. Article 7 of the City of Roswell Zoning Ordinance shall be marked “Reserved.” SECTION 2. The following text shall be added as Article 8 of the City of Roswell Zoning Ordinance: ARTICLE 8: R VL RESIDENTIAL VERY LOW DISTRICT Section 1. Purpose This district is intended for very low density single-family detached dwellings, between 1-2 units per acre, and other uses which uphold and maintain the very low density residential nature of the district. Section 2. Use Regulations A. Permitted Uses are as follows: 1. Single-family detached dwellings 2. Home Occupations 3. Publicly owned police/fire stations/parks or playgrounds and related buildings B. Special Uses are as follows: 1. Cemeteries and mausoleums 2. Churches, convents, monasteries, parish houses, rectories, seminaries, and other places of worship and those uses usually associated with them like day care services 3. Community Association swimming pools and/or recreational facilities 4. Golf courses and related buildings 5. Public utility and service facilities 6. Schools; public or private, elementary, secondary, and colleges 7. Community Gardens not to exceed 30,000 square feet in area 8. --12-- Renewable energy facilities  9. Multi-Generational Housing Section 3. Land Development Standards Properties located in this district which are located in the Old Municipal Airport (OMA) shall utilize the standards located Article 68 (Design Guidelines – Old Municipal Airport) of the Zoning Code. SECTION 3. Article 9 of the City of Roswell Zoning Ordinance shall be marked “Reserved.” SECTION 4. The following text shall be added as Article 10 of the City of Roswell Zoning Ordinance: ARTICLE 10: R L RESIDENTIAL LOW DISTRICT Section 1. Purpose This district is intended for low density single-family detached dwellings, between 2-4 units per acre, and other uses which uphold and maintain the low density residential nature of the district. Section 2. Use Regulations A. Permitted Uses are as follows: 1. Single-family detached dwellings 2. Home Occupations 3. Publicly owned police/fire stations/parks or playgrounds and related buildings B. Special Uses are as follows: 1. Community Association swimming pools and/or recreational facilities 2. Golf courses and related buildings 3. Public utility and service facilities 4. Multi-Generational Housing Section 3. Land Development Standards Properties located in this district which are located in the Old Municipal Airport (OMA) shall utilize the standards located Article 68 (Design Guidelines – Old Municipal Airport) of the Zoning Code. SECTION 5. Article 11 of the City of Roswell Zoning Ordinance shall be marked “Reserved.” SECTION 6. The former Article 7 “Residential Districts” shall be renumbered Article 12 of the City of Roswell Zoning Ordinance. SECTION 7. Article 13 of the City of Roswell Zoning Ordinance shall be marked “Reserved.” --13-- SECTION 8. The former Article 8 “R-2 Residential Districts” shall be renumbered Article 14 of the City of Roswell Zoning Ordinance. SECTION 9. Article 15 of the City of Roswell Zoning Ordinance shall be marked “Reserved.” SECTION 10. The former Article 9 “R-3 Residential Districts” shall be renumbered Article 16 of the City of Roswell Zoning Ordinance. SECTION 11. Article 17 of the City of Roswell Zoning Ordinance shall be marked “Reserved.” SECTION 12. All subsequent articles of the City of Roswell Zoning Ordinance shall be renumbered consistent with this ordinance. SECTION 13. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby repealed to the extent of such inconsistency. This repealer shall not be construed to revive any ordinance or part of any ordinance heretofore repealed. SECTION 14. If any section, paragraph, clause or provisions of this ordinance for any reason shall be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any other part of this ordinance. SECTION 15. This ordinance shall be effective after five (5) days following its publication as required by law. PASSED, ADOPTED, SIGNED and APPROVED the ___ day of May, 2018. CITY SEAL _____________________________ Dennis Kintigh, Mayor ATTEST _____________________ Sharon Coll, City Clerk Underscoring indicates addition to existing Code section. Strike through indicates delete of an existing Code section. --14-- ARTICLE 6: R-S RURAL SUBURBAN DISTRICT Section 1. Purpose This district is intended for agricultural uses, very low density single-family residential development, one residential unit per 2.5 acres, and other uses which maintain the low density residential nature of the district. Section 2. Use Regulations A. Permitted Uses are as follows: 1. Agricultural uses 2. Animals, livestock 3. Home Occupations 4. Publicly owned police/fire stations/parks or playgrounds and related buildings 5. Temporary real estate sales office for use during subdivision development 6. Single-family detached dwellings B. Special Uses are as follows: 1. Agri-businesses and plant nurseries 2. Airports, heliports, and aircraft landing fields 3. Cemeteries, including mausoleums 4. Churches, convents, monasteries, parish houses, rectories, seminaries, and other places of worship and those uses usually associated with them like child care services 5. Golf courses and related buildings, including accessory retail sales, and restaurants / food / drink / lounges / liquor sales 6. Landfills 7. Extraction, loading, hauling, screening, crushing, washing, and storage of sand, gravel, topsoil, or other aggregate or minerals, including supporting equipment and buildings 8. Oil and gas wells and pumping stations 9. Penal, correctional, and other institutions necessitating restraint of occupants 10. Public utility/service/television/radio companies 11. Riding academies, stables, and similar uses 12. Schools; public or private, elementary, secondary, and colleges 13. Renewable energy facilities 14. Animal control shelter/facility/centers 15. Veterinary hospitals 16. Accessory retail, which shall be limited to no more than one thousand (1,000) square feet of interior space and two thousand (2,000) square feet of outdoor space, and must be accessory to a permitted use onsite. The products shall be limited to those associated with homemade food and craft products and collectables. There shall be a minimum of 5 parking spaces which may remain unpaved. 17. Multi-Generational Housing ARTICLE 7: RESERVED --15-- ARTICLE 8: R-VL RESIDENTIAL VERY LOW DISTRICT Section 1. Purpose This district is intended for very low density single-family detached dwellings, between 1-2 units per acre, and other uses which uphold and maintain the very low density residential nature of the district. Section 2. Use Regulations A. Permitted Uses are as follows: 1. Single-family detached dwellings 2. Home Occupations 3. Publicly owned police/fire stations/parks or playgrounds and related buildings B. Special Uses are as follows: 1. Cemeteries and mausoleums 2. Churches, convents, monasteries, parish houses, rectories, seminaries, and other places of worship and those uses usually associated with them like day care services 3. Community Association swimming pools and/or recreational facilities 4. Golf courses and related buildings 5. Public utility and service facilities 6. Schools; public or private, elementary, secondary, and colleges 7. Community Gardens not to exceed 30,000 square feet in area 8. Renewable energy facilities 9. Multi-Generational Housing Section 3. Land Development Standards Properties located in this district which are located in the Old Municipal Airport (OMA) shall utilize the standards located Article 68 (Design Guidelines – Old Municipal Airport) of the Zoning Code. ARTICLE 9: RESERVED --16-- ARTICLE 10: R-L RESIDENTIAL LOW DISTRICT Section 1. Purpose This district is intended for low density single-family detached dwellings, between 2-4 units per acre, and other uses which uphold and maintain the low density residential nature of the district. Section 2. Use Regulations A. Permitted Uses are as follows: 1. Single-family detached dwellings 2. Home Occupations 3. Publicly owned police/fire stations/parks or playgrounds and related buildings B. Special Uses are as follows: 1. Community Association swimming pools and/or recreational facilities 2. Golf courses and related buildings 3. Public utility and service facilities 4. Multi-Generational Housing Section 3. Land Development Standards Properties located in this district which are located in the Old Municipal Airport (OMA) shall utilize the standards located Article 68 (Design Guidelines – Old Municipal Airport) of the Zoning Code. ARTICLE 11: RESERVED --17-- ARTICLE 7 12: R-1 RESIDENTIAL DISTRICT Section 1. Purpose This district is intended for low density single-family detached dwellings, 5 units per net acre, and other uses which uphold and maintain the low density residential nature of the district. Section 2. Use Regulations A. Permitted Uses are as follows: 1. Single-family detached dwellings 2. Home Occupations 3. Publicly owned police/fire stations/parks or playgrounds and related buildings B. Special Uses are as follows: 1. Cemeteries and mausoleums 2. Churches, convents, monasteries, parish houses, rectories, seminaries, and other places of worship and those uses usually associated with them like day care services 3. Community Association swimming pools and/or recreational facilities 4. Golf courses and related buildings, including accessory retail sales, and restaurants / food / drink / lounges / liquor sales 5. Public utility and service facilities 6. Schools; public or private, elementary, secondary, and colleges 7. Community Gardens not to exceed 30,000 square feet in area 8. Renewable energy facilities 9. Multi-Generational Housing ARTICLE 13: RESERVED --18-- ARTICLE 8 14: R-2 RESIDENTIAL DISTRICT Section 1. Purpose This district is intended for low to medium density dwellings units, 5 to 9 units per net acre, and other uses which uphold and maintain the low to medium density residential nature of the district. Section 2. Use Regulations A. Permitted Uses are as follows: 1. Any use permitted in the R-1 District 2. Townhouse 3. Duplex B. Special Uses are as follows: 1. Any special use permitted in the R-1 District ARTICLE 15: RESERVED --19-- ARTICLE 9 16: R-3 RESIDENTIAL DISTRICT Section 1. Purpose This district is intended for medium density residential uses provided through a variety of housing types and other non-residential uses that are compatible with the surrounding area and which uphold and maintain the medium density residential district. Multi-family dwellings in excess of 2 story structures are not permitted. A 6 foot screen fence shall be required along for religious assemblies, multiple family dwellings, assisted living homes, group homes, etc., and/or any Special Use (Section 2.B.),along all property lines abutting single-family residential dwellings. Section 2. Use Regulations A. Permitted Uses are as follows: 1. Any use permitted in the R-2 District 2. Churches, convents, monasteries, parish houses, rectories, seminaries, and other places of worship and those uses usually associated with them like child care services 3. Multiple family dwellings with no more than 12 dwelling units per net acre for single story and 24 dwelling units per net acre for 2 story dwellings 4. Home Occupations 5. Assisted living homes, group care homes, convalescent homes, and retirement centers (Occupancy load to be determined by the Building Inspector and Fire Marshall) B. Special Uses are as follows: 1. Any special use in the R-2 District 2. Parking lots as a principal use 3. Bed and Breakfast - 3 units maximum including the operators dwelling unit 4. Boarding homes, lodging homes, or hostels 5. Hospitals and sanitariums 6. Libraries 7. Museums and art galleries 8. Professional offices not to exceed 10,000 square feet in gross floor area, where an additional 5% landscaping shall be provided and side yard setbacks on interior lot lines shall be no less than 10 feet 9. Recreation buildings and community centers 10. Schools; such as, music, dance, business, commercial, and trade 11. Animal control shelters/facilities/centers 12. Veterinary hospitals 13. Barbershops and beauty shops C. Conditional Uses are as follows: 1. Day care centers with twelve (12) or more children, subject to the following conditions of approval: A. The location is compliant with the provisions of 8.16.2.1, Social Services, NMAC, for daycare operations as administered by the Children, Youth and Families Department (CYFD) B. Shall not exceed 10,000 square feet in gross floor area, side yard setbacks --20--  on interior lot lines shall not be less than ten (10) feet C. Signage built to the standards of Article 26.7 D. The location is accessed by a public road for use by police and fire vehicles E. Adequate and safe egress and ingress is provided for child pick-up and drop-off F. Adequate parking spaces are to be provided for all employees ARTICLE 17: RESERVED --21-- ARTICLE 10 18: R-4 RESIDENTIAL DISTRICT Section 1. Purpose This district is intended for high density residential uses provided through a variety of housing types and other non-residential uses that are compatible with the surrounding area and which uphold and maintain the high density residential nature of the district. Multiple family dwellings in excess of 2 stories and which exceed the high density requirements of dwelling units per net acre shall be reviewed and approved by the Planning and Zoning Staff, Building Inspector, and Fire Marshall prior to the issuance of a Building Permit to ensure that the life safety issues have been addressed and the development fits in with the area or neighborhood where the proposed dwelling units are to be built. A 6 foot screen fence shall be required for religious assemblies, multiple family dwellings, assisted living homes, group homes, etc., and/or any Special Use (Section 2.B.), along all property lines abutting single-family residential dwellings. Section 2. Use Regulations A. Permitted Uses are as follows: 1. Any permitted use in the R-3 District 2. Multiple family dwellings with no more than 20 dwelling units per net acre for single story and 40 dwelling units per net acre for 2 story dwellings B. Special Uses are as follows: 1. Any special use in the R-3 District 2. Professional offices not exceeding 15,000 square feet in gross floor area, where an additional 10% landscaping may be provided, and side yard setbacks on interior lot lines may be no less than 10 feet ARTICLE 19: RESERVED --22-- ARTICLE 26: MXP MIXED USE PLAZA DISTRICT Section 1. Purpose This district is intended to provide for a mixed-use development that would accommodate a variety of arts and entertainment, retail, personal service, office, and residential uses in close proximity of each other found around the central plaza which is intended to become a new meeting location for the City. It is intended that this district will be a mixed-use area with the placement of residential and commercial uses and structures in close proximity that will provide for an active area for interacting with local residents and visitors. Section 2. Use Regulations (Non-Residential) A. Permitted Uses are as follows: 1. Athletic clubs/gyms 2. Banks/credit unions/financial institutions 3. Barber/Beauty shops/day spas 4. Child care centers 5. Commercial retail 6. Drugstores/food stores/markets 7. Florists 8. Government offices 9. Hotels and motels 10. Laundries/dry cleaning 11. Liquor service and stores 12. Medical facilities/offices/centers 13. Museums and art galleries 14. Music/dance school 15. Private or public parking lots/garages/decks 16. Professional offices 17. Restaurants/food/drink/lounges/liquor 18. Theaters, indoor B. Special Uses are as follows: 1. Outdoor seating areas Section 3. Use Regulations (Residential) A. Permitted Uses are as follows: 1. Multifamily Residential Units as outlined under the R-4 Residential District to be placed above the commercial first floor. Section 3. Land Development Standards Properties located in this district which are located in the Old Municipal Airport (OMA) shall utilize the standards located Article 68 (Design Guidelines – Old Municipal Airport) of the Zoning Code. ARTICLE 27: RESERVED --23-- ARTICLE 14 28: C-1 NEIGHBORHOOD COMMERCIAL DISTRICT Section 1. Purpose This district is intended to provide for retail and personal service types of uses of a limited nature for the consumer population of the neighborhoods in which they are located and is not intended for those types of uses that will either attract the consumer population of the entire community, attract large volumes of traffic, or have an appearance and performance that may be detrimental to the neighborhoods in which they are located. Permitted uses shall not exceed 7,000 square feet in gross floor area. Special Use Permits shall not exceed 10,000 square feet in gross floor area, except for parking lots. Section 2. Use Regulations A. Permitted Uses are as follows: 1. Accessory Living quarters for a single-family residential unit per each lot and shall not be for sale or lease separate from the principle use or for use involving the conduct of a business. 2. Barber/Beauty shops/Day Spas 3. Bed and Breakfast (5 units max, includes owner) 4. Boarding, Lodging Homes, or Hostels 5. Child care centers 6. Banks/Credit Unions/Financial institutions 7. Drugstores/Food Stores/Markets 8. Convenience stores without Fueling Stations 9. Retail Florists 10. Laundries/Dry Cleaning 11. Libraries and other public facilities 12. Museums and art galleries 13. Professional office not to exceeding 10,000 square feet in gross floor area 14. Recreational Buildings/Community centers 15. Music/Dance/Trade Schools 16. Any other use that meets the intent and purpose of this Article and is similar and comparable to those uses listed above B. Special Uses are as follows: 1. Greenhouses 2. Automobile service stations 3. Public utility/service/television companies 4. Permitted uses in excess of 7,000 sq. ft. of gross floor area. 5. Parking lots, as a principal use. 6. Multi-Family Residential Units 7. Self -Storage Units 8. Religious Institution 9. Convenience stores with Fueling Stations ARTICLE 29: RESERVED --24-- ARTICLE 15 30: C-2 COMMUNITY COMMERCIAL DISTRICT Section 1. Purpose This district is intended to provide for a wide variety of retail, personal service, wholesale office, and other general service types of uses for the consumer population of the entire community and, because of their heavy traffic generating characteristics, ability to stay open 24 hours per day and potentially detrimental appearance and performance, are located on the periphery of residential areas along collector and arterial street facilities. Section 2. Use Regulations A. Permitted Uses are as follows: 1. Any use permitted in the C-l District 2. Amusement Parks 3. Athletic clubs/Gyms 4. Auditoriums/ Banquet halls/Convention/Exhibition Centers 5. Banks/Credit Unions/Financial institutions 6. Hospitality Establishments (Example: hotels and motels) 7. Liquor Service and Stores 8. Lodges, Clubs, Fraternal, Religious (No gun clubs) 9. Commercial Retail/Service stores 10. Rental Stores and Self-Storage Units 11. Professional Offices 12. Funeral Parlors/Crematorium 13. Golf courses 14. Animal hospitals, clinics, and kennels 15. Medical facilities/offices/centers 16. Newspaper and/or Magazine offices 17. Private or public parking lots/garages/decks 18. Government offices 19. Public or private utility/Service/radio/TV/cable 20. Restaurants/food/drink/lounges/liquor 21. Stadiums and arenas 22. Theaters, indoor 23. Automotive Repair, Light with temporary outside storage utilizing no more than 20% of net area of the lot. 24. Carnivals, circuses or menageries; shall be located on a paved or hard pack surface and shall not occupy more than 10% of the required parking spaces for that location or business. 25. Vendors shall be located on a paved surface and shall not occupy more than 10% of the required parking spaces for that location or business. 26. Off-site sales shall be located on a paved surface and shall not occupy more than 10% of the required parking spaces for that location or business. 27. Any other use that meets the intent and purpose of this Article and is similar and comparable to those uses listed above. 28. Automotive Service Stations 29. Convenience Stores with Fueling Stations B. Special Uses are as follows: --25--  1. Any special use in the C-1 District 2. Airports/heliports/landing fields 3. Bottling works 4. Bus stations and terminals 5. Gun clubs with indoor firing range 6. Outdoor theaters, drive-ins 7. Outside storage as a principal use 8. Parcel delivery/mail order 9. Penal/Correctional institutions 10. Light welding and fabrication 11. Warehouses and/or storage units 12. RV Parks subject to the development requirements in sections 3 and 4 below Section 3. Land Development Standards Properties located in this district which are located in the Old Municipal Airport (OMA) shall utilize the standards located Article 68 (Design Guidelines – Old Municipal Airport) of the Zoning Code. Section 4. Commercial Reserve Zones (OMA Area) Properties designated as C-2 (R) are considered as being reserved until such time as other commercial parcels in the OMA Area have been developed. These designations are applicable to City-owned parcels in the OMA Area. ARTICLE 31: RESERVED --26-- ARTICLE 16 32: C-3 DOWNTOWN BUSINESS DISTRICT Section 1. Purpose This district is intended to provide for retail, personal service, wholesale, office, and other general service types of uses for the consumer population of the entire community in a centrally located and contained high density setting. Section 2. Use Regulations A. Permitted Uses are as follows: 1. Athletic clubs/Gyms 2. Auditoriums/Banquet Halls/Convention/Exhibition Centers 3. Banks/Credit Unions/Financial institutions 4. Hospitality Establishments (Example: hotels and motels) 5. Liquor Service and Stores 6. Clubs, Lodges, Fraternal, Religious (No gun clubs) 7. Commercial Retail/Service Stores (No vehicle retail stores) 8. Professional Offices 9. Medical Facilities/Offices/Centers 10. Newspaper and/or Magazine Offices 11. Private or Public Parking Lots/Garages/Fecks 12. Government Offices 13. Public or Private Utility/Service/Radio/TV/Cable 14. Restaurants/Food/Drink/Lounges/Liquor 15. Stadiums and Arenas 16. Theaters, Indoor 17. Attached single and/or multi-family residential units 18. Carnivals, circuses, or menageries located on a paved or hard pack gravel surface. 19. Any other use that meets the intent and purpose of this Article and is similar and comparable to those uses listed above, including a mixture of 2 or more permitted uses B. Special Uses are as follows: 1. Bus stations and terminals 2. Parcel delivery/mail order 3. Heliports ARTICLE 33: RESERVED --27-- ARTICLE 17 34: C-4 COMMERCIAL BUSINESS DISTRICT Section 1. Purpose, Intent, and Boundaries This district is intended to provide for a wide variety of retail, personal service, wholesale office, and other general service types of uses for the consumer population of the entire community and to accommodate for the typically heavy traffic generating characteristics and potentially detrimental appearance and performance of the uses in this district. This district is available, upon application to the City of Roswell with approval by the Planning and Zoning Commission under the rules of the Commission and City Council, to property owners located on the periphery of residential areas on the north and south sides of Second Street (U.S. Hwy 70/380). Section 2. Use Regulations A. Permitted Uses 1. Any use permitted in the C-2 District. B. Special Uses 1. Any special use permitted in the C-2 District. Section 3. Site Access Restrictions All commercial lots in the C-4 District shall conform to the following site access restrictions to deter encroachment of commercial traffic into residential areas and promote a harmonious shift from commercially zoned districts to the residentially zoned districts. A. Commercial lots abutting an alley with a residentially zoned district on the opposite side of that alley are required to have a permanent and solid screen fence or wall, 6 feet in height, along the entire property line abutting the alley and residentially zoned district. This fence or wall shall be constructed to prevent vehicular or pedestrian access onto the commercial lot from the alley or residentially zoned district. Alley access to commercial lots in the C-4 District will not be permitted in order to promote a harmonious shift from commercial to residential, reduce traffic and improve public safety. B. Commercial lots abutting a local street with a residentially zoned district on the opposite side of that street will have limited access to the commercial lot from the local street. A fence or wall shall be constructed to limit vehicular or pedestrian access onto the commercial lot from the local street or residentially zoned district. Local street access in the C-4 District will be limited in order to promote a harmonious shift from commercial to residential, reduce traffic and improve safety. Section 4. Setback Requirements A. Front Yard Setback 1. Properties facing onto Second Street shall be no less than 40 feet from the designated front or address property line. --28--  2. Properties facing onto all other Streets shall be no less than 25 feet from the designated front or address property line. B. Rear Yard Setback shall be no less than 5 feet from the rear property line when abutting the alley. C. Side Yard Setback is not required unless the side property line abuts a residential zoning district. Where a side property line abuts a residential district, the minimum side yard setback shall be 20% of the lot width or 35 feet, whichever is less. D. Street Side Yard Setback 1. Properties abutting Second Street shall be no less than 40 feet from the designated property line. 2. Properties abutting all other streets shall be no less than 25 feet from the property line. Section 5. Parking Requirements A. The minimum number of parking spaces required for any given use in the C-4 District will be as outlined in the Zoning Ordinance for all uses, less 10%, to accommodate the smaller commercial lots on Second Street in the C-4 District. B. On-street parking is allowed in the right-of-way along Second Street wherever parking lanes have been provided and indicated by the NMDOT. These dedicated on-street parking areas, wherever legal, can be used to count towards the minimum parking requirements for each lot as outlined in this section and in the Zoning Ordinance for all uses. Section 6. Loading Requirements Commercial developments in the C-4 District are not required to designate a specific site for loading or unloading; however, adequate access must be provided to allow a means for delivery trucks to enter and exit the property without creating a safety hazard for patrons or vehicular traffic on Second Street, U.S. Highway 70/380. Access from the alley is not permitted and access from local streets is restricted. Section 7. Fences, Walls, Accessory Buildings, and other Obstructions A. Screen fences along or abutting Second Street shall not be permitted. Fences and walls shall be placed at the property lines adjacent to or abutting the alley and may have a pedestrian gate to allow for access to the alley from the property. Dumpsters shall be wholly enclosed with a 6 foot high screen fence accessible from the alley. Fences and walls may not exceed 8 feet in height. B. Accessory structures on a commercial lot in the C-4 District shall be attached to, and on the side of the principal structure with the rear wall of the structure at the rear property line of the lot. The accessory building shall not extend beyond the limits of the principal structure to the front and the side yard setbacks. Accessory structures shall not be placed in existing required parking spaces and/or landscape areas. C. All structures and other obstructions that require space or that obstruct the free-flow of --29--  pedestrian, handicapped, or vehicular traffic shall be included on the construction plans submitted for a building permit. These include, but are not limited to: fire hydrants, landscaping, signs, accessory structures, and utility poles. D. Where the fence or wall is constructed out of conventional materials, barbed wire is only used at the top of the fence or wall for security purposes then no more than 3 strands of barbed wire may be placed at the top of the fence. Fences shall not consist of barbed wire alone. Concertina wire is not permitted for commercial/industrial security fencing purposes. Section 8. Sanitation Dumpsters, Grease Bin, and Enclosure Requirements A. All commercial properties in the C-4 District shall have their dumpsters and grease bins located in the alleyways, where all removal of rubbish and grease shall also occur. In addition, dumpsters shall not be placed so to impede access thru alleys to the extent possible. B. All new dumpsters and grease bins in the C-4 District shall be constructed as shown in Article 22, Section 14. ARTICLE 35: RESERVED --30-- ARTICLE 18 36: CO-1 COMMERCIAL OFFICE DISTRICT Section 1. Purpose: The purpose and intent of this zoning district is to provide suitable sites for the development of well-planned and attractive commercial office buildings which will not adversely impact adjacent residential development. Section 2. Use Regulations: A. Permitted Uses are as follows: 1. Banks/Credit Unions/Financial institutions 2. Professional offices 3. Land development services 4. Medical facilities/offices/centers (Out Patient, no ambulances) 5. Counseling, child guidance and family service 6. Government offices (No outdoor storage) 7. Any other use that meets the intent and purpose of this Article and is similar and comparable to those uses listed above B. Special Uses are as follows: 1. Child day care center Section 3. Site Development Standards (Single Building): A. Setbacks: Yard: Setback (feet): Any Property Line to Local / Collector Streets 20’ Any Property Line to Arterial Streets 25’ Rear Yard 20’ Side Yard (Interior) 20’ B. Parcel Dimensions: Parcel Aspect: Criteria: Minimum Parcel Size: 20,000 square feet Minimum Parcel Width: 100 feet Maximum Building Height: 30 feet and not more than two (2) stories C. General Site Design Standards: All office development shall comply with all applicable requirement of Article 23, Building and Performance Standards, with the following exceptions. 1. Height Requirements: In addition to the requirements of Section 6 (Height Restrictions), the following are also required. Antennas, monuments, towers, church spires, and/or other such structures not intended for residential dwelling, shall be reviewed on an individual by City Staff through the Building Permit/Plan Review process to determine if the structure’s height poses any threat to the health, safety, welfare, and/or aesthetics of the adjacent properties or the community as a whole. --31--  2. Off-Street Parking and Loading Requirements: In addition to the requirements of Section 7 (Off-Street Parking and Loading Requirements, the following are also required. Parking areas shall be maintained along the rear and side yards of the structure. No parking shall be located any closer to the street than the front of the building. 3. Fences, Walls, and Other Obstructions: In addition to the requirements of Section 8 (Fences, Walls, and Other Obstructions), the following are also required. The lot shall be effectively screened by placing a solid fence or wall no less than 6 feet in height on the structure side of the lot line, made of brick, masonry, or stone. 4. Lighting: In addition to the requirements of Section 10 (Lighting), the following are also required. a. Lighting standards shall not exceed twenty-five (25) feet in height. b. Lamp heads shall be fixed at 90 degrees from the light pole. c. Lighting shall be shielded to prevent light spillage into residential areas. D. Signage: All office development shall comply with all applicable requirement of Article 27, Signage, Section 7, with the following exception concerning wall signs. There shall be allowed one (1) attached wall-mounted sign per building with a copy area determined by using the formula of 0.076 times the square footage of the designated front of the building(s). Multiple occupant structure may have multiple signs based on the formula times the square footage of each bay. Office centers with multiple buildings may use the formula on each building. Buildings located on a corner lot may have attached signage facing both roads. E. Design: The intent of this district is to be able to locate office uses close to residential areas without creating additional adverse impacts. The following standards are to be adhered to: 1. Exterior building materials standards: The use of bare metal-sided buildings is prohibited, unless the walls are coated with stucco or rock veneers. 2. Roof Standards: Roofs are to be pitched, or appear to be pitched from the street thru architectural design. 3. Colors: Office structures shall be painted in earth tones or pastels. No garish or bright colors are permitted. F. Multi-Building Criteria: 1. If more than a single building is located in the project areas, signage, building design and landscaping shall be consistent thru-out the development site 2. Single entrances for multiple structures is encouraged. ARTICLE 37: RESERVED --32-- ARTICLE 42: P-R PARKS AND RECREATION DISTRICT Section 1. Purpose This district is intended to provide for both private-sector, as well as public sector, recreational and park facilities that are located outdoors. Section 2. Use Regulations A. Permitted Uses are as follows: 1. City, County, State, or Federal parks or open spaces 2. Golf courses, public or private B. Special Uses are as follows: 1. Golf courses and related buildings, including accessory retail sales, and restaurants / food / drink / lounges / liquor sales C. Development standards are as follows: 1. Development standards shall be based on those consistent with current land development standards, best management practices, and which are approved by the City Council. ARTICLE 43: RESERVED --33-- ARTICLE 44: INST INSTITUTIONAL DISTRICT Section 1. Purpose This district is intended to provide for nonprofit or quasi-public use, such as a religious institution, library, public or private school, hospital, or government-owned or government- operated structure or land used for public purpose. Section 2. Use Regulations A. Permitted Uses are as follows: 1. City, County, State, or Federal buildings and facilities 2. Elementary, middle, and high schools, public 3. Hospitals, medical centers 4. Public facilities, including detention areas, governmental buildings and facilities 5. Large-scale power generating facilities B. Special Uses are as follows: 1. Elementary, middle, and high schools, private C. Section 3. Development Standards: 1. Development standards shall be based on those consistent with current land development standards, best management practices, and which are approved by the managing entity. ARTICLE 45: RESERVED --34--  19th Street Proposed OMA R‐L Rezoning (Residential Low C‐2 (R) Scheme District) MU‐P (Mixed Nevada Ave. Use ‐ INST P‐R C‐2 C‐2 (R) Plaza) (Inst.) (Parks – Rec (Comm.) District) College Blvd Sycamore Ave. Montana Ave. R‐L (Residential Low District) P‐R (Parks – Recreation District) R‐VL (Residential‐Very Low District) 8th Street --35--