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Planning & Zoning Commission

Regular Meeting

Roswell, NM · May 26, 2015

AgendaMinutes

Minutes

MINUTES OF THE REGULAR MEETING Planning and Zoning Commission MAY 26, 2015 REGULAR MEETING 6:00 P.M. CALL TO ORDER AND WELCOME –Chair- Ralph Brown, Secretary- Eddie Carrillo. A regular meeting of the Planning and Zoning Commission was called to order at approximately 6:05 p.m. by Chair Brown with the following members present: Members present included Bruce Gwartney, Riley Armstrong, Eddie Carrillo, and Toby Gross. Absent members included Shirley Childress and David Storey. Staff present included Louis Najar- City Engineer, Elizabeth Stark-Rankins- Support Services Administrator, Amber Copeland- Zoning Administrator, and Danny Renshaw-Zoning Technician APPROVAL OF MINUTES –March 31, 2015 Mr. Carrillo moved to approve the minutes as presented. Mr. Gwartney seconded the motion and all were in favor. SWEARING IN Chair Brown swore in Staff and members of the audience. PUBLIC HEARING ITEMS 1. ELECTION OF OFFICERS Mr. Carrillo made a motion to postpone the election of officers until all members are present. Mr. Gross seconded the motion and all were in favor. 2. Case 15-04: A Final Plat- Wood Subdivision, a portion of Section 23-T10S- R24E, located at the southwest corner of McPherson and Red Bridge Road, located along the south side of the 3000 Block of McPherson Road, Jeff Wood/Owner, Smith Engineering/Agent. Mike Douglass, agent, spoke in favor of the request. He stated the applicants were requesting Subdivision Approval. The Wood Subdivision is a proposed subdivision within the City’s five-mile platting jurisdiction located at the southwest corner of McPherson Road and Red Bridge Road. The proposed plat would subdivide the existing tract, measuring approximately 223 acres, into thirteen five-acre lots and a remaining tract measuring 157.508 acres, more or less, which will continue to be farmed. Access is from Red Bridge Road and McPherson Road, which are both County maintained roads. The lots to be developed are not located in a flood zone. Water is proposed to be provided by Berrendo Co-op Water. Susan Lippincott, property owner within 100’ in the area, spoke against the request. She stated her concerns about Berrendo Water being able to supply the needs, concerns about increased traffic on the roads, and the Berrendo River Area being a corridor for wildlife. Ms. Lippincott stated she wanted to see the area remain rural. Jason Wiebenger, Wildlife Biologist, stated The Fisheries and Wildlife Department operates a shooting preserve not far from that site and he believed there will be an impact to the riparian area. He also stated his concerns about additional traffic. Mr. Gross asked Mr. Najar for Staff comment. Mr. Najar stated the amount of lots being developed should not cause a detrimental increase in traffic. Mr. Najar stated Berrendo Water Co-op stated they are capable of handling the water needs and that the State Environmental Department has approved the use of septic systems. He stated the Berrendo Creek is a U.S. Army Corp of Engineers regulated creek so anything impacting it will be approved through them and that a storm water pollution prevention plan will be in place. Mr. Douglass stated it had been reviewed by other agencies. He stated there will be no road construction and the proposed lots are not near Berrendo Creek and or in the Flood Plain. Mr. Gwartney stated there is a letter from the State Engineer that water rights could be used in lieu of Berrendo Water if desired. Mr. Douglass stated that is correct. Mr. Armstrong made a motion to recommend approval of Case 15-04 by the City Council based on Findings of Facts and Land Use Considerations. Mr. Gwartney seconded the motion and all were in favor. 3. Case 15-05: a conditional use Permit for a Major Home Occupation, Lots 6 and 7, Block 53 of West Side Subdivision, known as 600 North Pennsylvania Avenue, Colin and Melinda Robson/Owners. Ms. Copeland stated that the case had been withdrawn. 4. Case 15-06: An Amendment to a Special Use- Child Care Facility, Lot 23, Block 3 of Farm Subdivision, known as 1111 South Union Avenue, Maria del Carmen Melendez/Owner. Maria del Carmen Melendez and her daughter, Maria Arrieta, discussed history of the day care center. They stated there is a parking issue but there is a need for an added office and additional record storage. Ms. Arrieta stated they are currently using space in the day care center for record storage as they currently have 3 or 4 programs operating. Mr. Armstrong asked Mr. Najar about the parking and limiting the use of the office for office use only not to increase students. Mr. Najar stated the parking requirements are similar to a school and are based on the number of attending children plus employees. He stated they currently do not meet code but that is part of the Special Use that was granted them, the parking issue will not be resolved. If there is no increase in the number of children the Staff will agree with the stipulation that the space is to be used as an office. Ms. Melendez stated there would be no increase in the number of students. Mr. Carrillo recused himself to speak to the Commission. He stated he felt Ms. Melendez had been doing a great job for the last twenty years. Mr. Armstrong made the motion to approve the request for the Amendment to the Special Use for a Child Care Facility Case 15-06 based on Findings of Facts and Land Use Considerations with Finding of Fact #5 to state the number of children shall not exceed 32 and Finding of Fact #6 to state no changes to the parking are required at this time. Mr. Gwartney seconded the motion and all were in favor with Mr. Carrillo abstaining from voting. 5. Amendments to Zoning Ordinance Number 10-02: Amended Ms. Copeland stated Staff is cleaning up the wording to reflect the new committee structure, and clarifying some definitions. The Recreational Vehicle Parks District will be updated as Special Uses in the C-2 District and the word “Westside” would be removed from the C-4 District. She stated the Legal Committee would take the place of the Planning and Zoning committee. Accessory structure requirements were discussed. Mr. Gwartney made a motion to recommend approval by City Council of the proposed amendments to Zoning Ordinance Number 10-02: Amended. Mr. Carrillo seconded the motion and all were in favor. Adjourn Chair Brown announced the meeting adjourned at 6:46. Ralph Brown- Chair Eddie Carrillo- Secretary ________________________________ _______________________________

Agenda

Roswell Planning and Zoning Commission Tuesday, May 26, 2015 at 6:00 p.m. City Council Chambers at Roswell City Hall 425 North Richardson Avenue Commission Chair: Ralph Brown Vice Chair: Shirley Childress Secretary: Eddie Carrillo Commission Members: Riley Armstrong, Toby Gross, Bruce Gwartney, David Storey Staff Coordinator: Amber Copeland A. Call to Order B. Approval of the Agenda C. Minutes 1. Consider approval of the March 31, 2015 Minutes D. Swearing In E. Public Hearing Items 1. Election of Officers 2. Case 15-04: A Final Plat- Wood Subdivision, a portion of Section 23-T10S-R24E, located at the southwest corner of McPherson Road and Red Bridge Road, located along the south side of the 3000 Block of McPherson Road, Jeff Wood/Owner, Smith Engineering/Agent. 3. Case 15-05: A Conditional Use Permit for a Major Home Occupation, Lots 6 and 7, Block 53 of West Side Subdivision, known as 600 North Pennsylvania Avenue, Colin and Melinda Robson/Owners. 4. Case 15-06: An Amendment to a Special Use- Child Care Facility, Lot 23, Block 3 of Farm Subdivision, known as 1111 South Union Avenue, Maria del Carmen Melendez/Owner. 5. Amendments to Zoning Ordinance No. 10-02: Amended F. Other Business G. Public Comments H. Adjourn This is your official meeting notification. Should you be unable to attend or have questions, please call the Zoning Department at 637-6218. 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 14-36. 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: 5-20-15 MEMORANDUM Meeting Date: Tuesday, May 26, 2015 Item No. C-1 To: Planning and Zoning Commission From: Planning and Zoning Department Subject: Approval of minutes from March 31, 2015 meeting. ______________________________________________________________________ Action Requested: To approve the minutes of the March 31, 2015 meeting. Background: Meeting minutes are not official until approved by the Commission. Options: Approval or disapproval of minutes. Staff Recommendation: Approval of minutes. MINUTES OF THE REGULAR MEETING Planning and Zoning Commission March 31, 2015 REGULAR MEETING 6:00 P.M. CALL TO ORDER AND WELCOME –Chair- Ralph Brown, Vice Chair- Shirley Childress, Secretary- Eddie Carrillo. A regular meeting of the Planning and Zoning Commission was called to order at approximately 6:00 p.m. by Chair Brown with the following members present: Members present included Bruce Gwartney, and Riley Armstrong. Absent members included Toby Gross and David Storey Staff present included Louis Najar- City Engineer, Elizabeth Stark-Rankins- Support Services Administrator, and Amber Copeland, Zoning Administrator,and Danny Renshaw-Zoning Technician APPROVAL OF AGENDA Mr. Armstrong made a motion to approve the agenda as presented. Mr.Carrillo seconded the motion and all were in favor. APPROVAL OF MINUTES –January27, 2015 Mr. Armstrong moved to approve the minutes as presented. Mr. Gwartney seconded the motion and all were in favor. SWEARING IN Chair Brown swore in Staff and members of the audience. PUBLIC HEARING ITEMS 1. CASE 15-03: A Vacation of a Public Right-of-Way-Dodson Lumber Summary Replat, A portion of the SE ¼ of Section 28T.10S,R24E., The easternmost 464.10’, more or less, of East 16th Street, located along the east side of the 1600-1700 Blocks of North Garden Avenue, known as 1701 North Garden, Dodson Wholesale/Owner, Smith Engineering/Agent Ms. Childress stated the sale of this property was handled by her real estate brokerage and that she had no financial interest in it. Ms. Childress made a motion to waive the reading of the Land Use and Zoning Considerations and Findings of Facts for Case 15-03. Mr. Gwartney seconded the motion and all were in favor. Mike Douglass, agent, spoke in favor of the request. He stated the applicants were requesting to vacate the right-of-way known as East 16th St. which is currently used to access Dodson Lumber. He stated utilities are located in that right-of-way and that it would be dedicated it as a utility easement. Mr. Douglass stated there was one letter of protest from the property owner to the east. He stated Mr. Dodson met with Mr. Bristol who is representing the property owner, Ainsworth Living Trust and they had reached an acceptable solution to access that property by dedicating a 60’ access easement to the south of Dodson Wholesale Lumber’s property. Mr. Douglass stated an access easement would not require the property owner to the south to have a 30’ side yard setback. Mr. Gwartney asked if that structure that is there now is in compliance. Mr. Douglass stated he did not know. Bob Dodson, owner, stated Dodson Wholesale Lumber is a family owned business that has been in that location since 1972. He stated they had purchased the ADOC Oil property next to them and it had taken about two years to come into compliance. He stated they wanted to expand their business to include a covered parking area for their employees. Mr. Dodson stated they had it designed with a stucco front with their logo on it. He stated they had gone to the City and applied for a permit, ordered the materials, and poured the asphalt. Mr. Dodson stated the returned plans required them to match the existing building’s setbacks. He stated they found they would have to move the building back to meet the existing building. Mr. Dodson stated they then contacted the City to see what to do. Mr. Dodson stated the City had informed him that vacating the right-of-way would be the only option to build there. He stated a railroad spur exists in the right-of-way and that they receive approximately one rail car per day. He stated Dodson Wholesale Lumber had paid to pave the road twice. Mr. Dodson contacted Matthew Bristol about moving that road down to the southernmost property line to align with the center of their property. Matthew Bristol, agent for Dr. Ainsworth spoke against the request. He thanked Mr. Dodson for working with them on this matter. Mr. Bristol stated Mr. Dodson did offer to move the access south and provide a 60’ easement. Mr. Bristol stated his clients withdrew their objection to the application. He stated his agents appreciate him being a good neighbor and that they want to be a good neighbors in return. Mr. Najar stated it had been believed that this was Dodsons’ road to begin with. He stated Staff does not object to the vacation. Mr. Armstrong added this is a good example of two parties that are opposed have worked together to come up with a solution. Chair Brown asked if the commission were making a recommendation to the city council and Ms. Copeland stated that was correct. MOTION Mr. Carrillo made a motion to recommend approval of Case 15-03 by City Council based on Findings of Facts and Land Use Considerations. Ms. Childress seconded the motion and all were in favor. ADJOURN Chair Brown announced the meeting adjourned at 6:15 p.m. Ralph Brown- Chair Eddie Carrillo- Secretary ________________________________ _______________________________ MEMORANDUM Meeting Date: Tuesday, May 26, 2015 Item No. E-1 To: Planning and Zoning Commission From: Planning and Zoning Department Subject: Election of officers. ______________________________________________________________________ Action Requested: To elect Chair, Vice Chair, and Secretary of the Planning and Zoning Commission. Background: Annual elections must be held for officers of the Planning and Zoning Commission. Options: Election of officers. Staff Recommendation: Election of officers. MEMORANDUM Meeting Date: Tuesday, May 26, 2015 Item No. E-2 To: Planning and Zoning Commission From: Planning and Zoning Department Subject: Case 15-04. ______________________________________________________________________ Action Requested: Recommendation to approve or deny Case 15-04. Background: The Planning and Zoning Commission shall make a recommendation to City Council to approve or deny Case 15-04. Options: To recommend approval or denial. Staff Recommendation: A recommendation to City Council. MEMORANDUM Meeting Date: Tuesday, May 26, 2015 Item No. E-3 To: Planning and Zoning Commission From: Planning and Zoning Department Subject: Case 15-05. ______________________________________________________________________ Action Requested: Approval or denial of Case 15-05. Background: The Planning and Zoning Commission shall make a decision to approve or deny Case 15-05. Options: To approve or deny the request. Staff Recommendation: To approve or deny the request. MEMORANDUM Meeting Date: Tuesday, May 26, 2015 Item No. E-4 To: Planning and Zoning Commission From: Planning and Zoning Department Subject: Case 15-06. ______________________________________________________________________ Action Requested: Approval or denial of Case 15-06. Background: The Planning and Zoning Commission shall make a decision to approve or deny Case 15-06. Options: To approve or deny the request. Staff Recommendation: To approve or deny the request. MEMORANDUM Meeting Date: Tuesday, May 26, 2015 Item No. E-4 To: Planning and Zoning Commission From: Planning and Zoning Department Subject: Proposed amendments to Zoning Ordinance No. 10-02: Amended. _____________________________________________________________________ Action Requested: Recommendation of approval or denial of proposed amendments to Zoning Ordinance No. 10-02: Amended. Background: The Planning and Zoning Commission shall make a recommendation to City Council to approve or deny the proposed amendments. Options: To recommend approval or denial of the proposed amendments. Staff Recommendation: To recommend approval of the proposed amendments. Table of Contents Article 1 Title, Purpose & Intent 1 Article 2 Administration of Zoning Ordinance 2 Article 3 Procedures, Amendments, and Changes 4 Article 4 Definitions 11 Article 5 Establishment of Zoning Districts 24 Article 6 R-S Rural Suburban District 26 Article 7 R-1 Residential District 27 Article 8 R-2 Residential District 28 Article 9 R-3 Residential District 29 Article 10 R-4 Residential District 30 Article 11 Residential Mobile Home Subdivision District 31 Article 12 Manufactured/Mobile Home Community District 32 Article 13 Recreational Vehicle Parks and Campground District 35 Article 14 Locations of Mobile Homes, Travel Trailers, Recreational, and/or Oversize 38 Vehicles Outside Of Approved Districts Article 15 C-1 Neighborhood Commercial District 40 Article 16 C-2 Community Commercial District 41 Article 17 C-3 Downtown Business District 43 Article 18 C-4 Westside Commercial Business District 44 Article 19 I-1 Light Industrial District 47 Article 20 I-2 Heavy Industrial District 48 Article 21 Planned Unit Development 49 Article 22 Development Standards 55 Article 23 Building & Performance Standards 57 Article 24 Special Flood Hazard Areas 64 Article 25 Telecommunications 65 Article 26 Renewable/Alternative Energy System 71 Article 27 Signs 80 Article 28 Home Occupations 84 Article 29 Sexually Oriented Business 101 Article 30 Non-Conforming Uses 102 Article 31 Penalties for Non-Compliance 103 FEE SCHEDULE Change of Zoning: A. Less than 5 acres- $200.00 for the first acre plus $15.00 for each additional acre. B. 5 acres to less than 20 acres- $300.00 for the first 5 acres plus $15.00 for each additional acre. C. 20 acres or more- $400.00 for first 20 acres plus $10.00 for each additional acre. Annexation by Petition Method: A. Less than 10 acres- $300.00 for the first 5 acres plus $15.00 for each additional acre. B. 10 acres to less than 20 acres- $400.00 for the first 15 acres plus $15.00 for each additional acre. C. 20 acres to less than 40 acres- $500.00 for first 25 acres plus $10.00 for each additional acre. D. 40 acres or more- $600.00 for the first 40 acres plus $10.00 for each additional acre. Special Use Permits : $400.00 per application. Variances: $200.00 per application. Conditional Use Permit: $200.00 per application. Plats: A. Subdivision 1. Preliminary- $200.00 2. Final- $150.00 B. Summary- $10.00 plus $2.00 per lot Vacation of Public Rights-of-Way or Easements: $200.00 per application Deferment or Postponement Initiated by Applicant or Agent: $100.00 per deferment or postponement. Appeal to City Council: $100.00 per Appeal. Zoning Confirmation Letter: $20.00 per site. Planned Unit Developments: A. $400- Preliminary Plan B. $200- Final Plan C. $100- Extension of Time The fees described above are non-refundable. The applicant is required to pay these fees to cover the City's expenses incurred during the application process. The City reserves the right to adjust fees as needed. ARTICLE 2: ADMINISTRATION OF ZONING ORDINANCE Section 1. Organization The administration of this Ordinance is hereby vested in the Planning and Zoning Staff, the City Manager, the Planning and Zoning Commission, the Planning and Zoning Legal Committee, and the Roswell City Council. Section 2. Administration The Planning and Zoning Staff, under the supervision of the City Manager, shall administer and enforce the provisions of this Ordinance. In performing their duties, they shall: A. Receive, review, and analyze all applications and research and prepare cases for all annexations, zone changes, special uses, variances, conditional uses, and amendments to this Ordinance which will be heard by the Planning and Zoning Commission and/or City Council. B. Report determinations concerning all cases heard by the Planning and Zoning Commission to the Planning and Zoning Council Legal Committee and City Council. C. Receive and file copies of all written requests for appeals by any person(s) aggrieved with any cases heard by the Planning and Zoning Commission and any other matters relating to the administration and enforcement of this Ordinance and transmit the same to the City Council. D. Cause inspections of buildings, structures, and uses of land to determine compliance with the provisions of this Ordinance, and where there are violations, initiate action to secure compliance. E. Coordinate and administer all site plan reviews for new commercial construction to determine if construction complies with the provisions of this and other City Ordinances and City Code. F. Maintain permanent records of all current and past comprehensive master plans, zoning Ordinances, maps, zone changes, special uses, variances, conditional uses, amendments to this Ordinance, non-conforming uses, appeals, and applications, to include the recording of zoning district amendments and special uses on the official zoning map. G. Decide or make recommendations on all other matters under this Ordinance upon which the Planning and Zoning Staff is required to act upon on a daily basis. H. Provide such technical assistance as may be required by the Planning and Zoning Commission or the City Council in the exercise of their respective duties. I. Provide public information services relative to matters arising out of this Ordinance. Section 4. Planning and Zoning Council Legal Committee The Planning and Zoning Council Legal Committee: Shall receive, hear, and make recommendation(s) on all Resolutions and Amendments to this Ordinance that come before them in the manner prescribed by the procedures established and report said recommendation(s) to the City Council. May request the City Manager, from time to time, to make or initiate studies and draft reports concerning issues arising from this Ordinance and from other planning and zoning practices. Section 5. City Council The City Council, being duly elected, shall: A. Receive recommendations from the Planning and Zoning Staff, and the Planning and Zoning Commission, on all cases required to be heard by them, including final plats being minor or major subdivisions, annexations, requests for amendments to this Ordinance, and any appeals to cases heard by the Planning and Zoning Commission which are appealed to the City Council, so Council can hear and make determinations upon the same in the manner prescribed by the procedures established by this and other City Ordinances and City Code. B. Receive and hear all written requests for appeals by any person(s) aggrieved with the Planning and Zoning Staff’s decision concerning and related to the administration and enforcement of this Ordinance. C. Instruct the City Manager, from time to time, to make and initiate studies, draft reports, create strategic, and/or master plans concerning issues arising from this Ordinance and from any and all other planning and zoning practices. D. May receive recommendations and/or requests from the Planning and Zoning Legal Committee. ARTICLE 3: PROCEDURES, AMENDMENTS, AND CHANGES Section 1. Procedures - Generally Applications for requested variances, annexations, conditional use, zone changes, special uses, plats, and amendments to this Ordinance shall be made and reviewed according to the following: A. Amendments to this Ordinance may be initiated by any person or party. B Applications for annexations, conditional uses, zone changes, special uses, and plats may be initiated by City Council, the Planning and Zoning Council Legal Committee, the Planning and Zoning Commission, City Manager, or any person or party owning or having a controlling interest in the property for which the application is being initiated within the City Limits. C. Applicants shall first confer with the Planning and Zoning Staff, who shall initially review the proposed request and provide the approved application forms and methods prescribed by this Ordinance for making application. D. The applicant shall complete and submit the approved application forms, with help from the Planning and Zoning Staff, along with the processing fee by the required deadline for that given month. E. The Planning and Zoning Staff shall share the application with all departments affected by, or having authority over, anything regarding the application. Meetings with the various departments shall be concluded within 10 business days after application deadline to allow Staff proper time to prepare the case for advertising prior to the Planning and Zoning Commission meeting for that month. F. The Planning and Zoning Staff are required to advertise all cases a minimum of 15 days prior to the date of the Planning and Zoning Commission meeting for that month. G. The Planning and Zoning Staff are required to deliver all cases, the meeting agenda, and the minutes from the previous Planning and Zoning Commission meeting to all Commissioners, Committee members, City Council and City Management at least 48 hours in advance of the Planning and Zoning Commission meeting date and time. Section 6. Amendments to this Ordinance A. Any person(s) may make application for an Amendment to this Ordinance which shall state the section of the Ordinance proposed for amendment, the proposed substitute wording, the reasons for requesting the amendment, and any other information which the Planning and Zoning Staff and City Manager feels that the Planning and Zoning Commission, Planning and Zoning Legal Committee and City Council may require to make a proper decision on the matter. Graphics or visual aids may also be submitted if desired. B. No amendment to this Ordinance shall be adopted until a public hearing has been held by the Planning and Zoning Commission, Planning and Zoning Legal Committee and City Council in accordance with this Ordinance. C. The City Council shall consider the recommendation of the Planning and Zoning Commission and Planning and Zoning Legal Committee in deciding whether or not to adopt a proposed amendment to this Ordinance. In its deliberations, both bodies may consider all oral or written statements from the applicant, the public, City Staff, and its own members. Neither body shall approve the amendment unless it finds the proposed amendment is in the public interest and is not solely in the interest of the applicant. D. If approved, the Planning and Zoning Staff shall revise this Ordinance accordingly. ARTICLE 4: DEFINITIONS (Excerpt) Section 2. Definitions For the purposes of this Ordinance, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. Committee. The City of Roswell Planning and Zoning Council Legal Committee. Family. One or more persons related to each other, or a group of persons not related, living together in a dwelling unit. A family may also include boarders, roomers, or permanent guests. An individual or a group of two (2) or more persons related by blood, marriage, or adoption, including foster children and domestic servants, or a group not to exceed five (5) persons not related by blood, marriage, or adoption, living together as a single housekeeping unit and using a single common cooking facility. ARTICLE 13: (RVP) RECREATIONAL VEHICLE PARKS AND CAMPGROUND DISTRICT Section 1. Purpose Enforce minimum standards for travel trailer and recreational vehicle parks and primitive campgrounds to promote the public health, safety, and welfare, establishing requirements for the design, construction, alteration, extension, and maintenance of a RVP and related utilities and facilities. Section 2. Use Regulations A. Permitted Uses are as follows. 1. Recreational vehicles and travel trailers. 2. Temporary buildings to be used incidental to construction work and to be removed upon completion or abandonment of construction. 3. Those uses customarily associated with a RVP that are essential to its operation and maintenance, such as but not limited to, manager office or maintenance building B. Special Use as follows: 1. An accessory commercial use, being a C-1 District permitted use, not to exceed 5,000 sq. ft. of gross floor area. Section 3. Site Development Requirements In the RVP District, the following requirements shall apply to all buildings and structures, unless otherwise specified in this Ordinance. A. RVP site area. A RVP shall not be less than 2.5 acres in size and shall be so dimensioned as to facilitate efficient design and management. Occupancy shall not be permitted until all infrastructures, facilities, and improvements are installed. Section 4. Area, Setback, and Height Requirements Minimum Front setback Front setback Rear setback Minimum Spacing Maximum from all from all from property between structures: HEIGHT Space per property lines property lines lines. unit to Local/ to Side to Side 25’ Width collector And streets. Arterial streets End to End 1,250 S.F. 20’ 35’ 20’ 10 20’ 35’ Section 5. General Standards and Requirements A development plan shall be submitted to the Planning and Zoning Office in accordance with the procedures established in this Ordinance and meeting the following standards and requirements before the issuance of a building permit. A. Development Plan. Plans shall be drawn to scale on an 18"x 24" sheet. The following additional information shall also be shown: 1. A detailed ALTA/ACSM Land Title Survey of the proposed RVP area provided by a Registered Licensed Surveyor. 2. Name of the proposed RVP and name and address of the property owner and/or developer. 3. The location and width of all proposed rights-of-way, easements, and required building setback lines. 4. The locations, dimensions, and area of all proposed or existing lots, home spaces. 5. Identification of the use of any lot or space (single or multi-section units) with consecutive numbering. 6. The location of any proposed accessory structures such as decks, open or enclosed carports, garages, storage sheds, or items of a similar nature, which are subordinate and serve a principal structure or use, located on the home space. 7. The applicant shall provide the City of Roswell 4 sets of the Development Plan at the time of application. Upon final approval the applicant shall furnish the City with 2 sets of the Development Plan for recording purposes. 8. If construction has not begun within one year from the date of approval of the development plan, the approval shall be considered null and void. B. Street Surfacing and Maintenance. As specified in the latest adopted City of Roswell Public Works Specification Ordinance. C. Fencing, screening and landscaping. A solid screen fence or wall made of brick, masonry, stone, or wood, no less than 6 feet in height; or an irrigated and maintained landscaped fence planted with a density equaling the opacity and height of a solid fence or wall; or any combination thereof at all perimeter lot lines of the park. Landscaping shall be provided in accordance with this Ordinance. D. Access to the Site. Direct vehicular access to the park shall be provided by means of an abutting collector or arterial street. Direct vehicular access shall not be provided through an alley or easement. E. Design of Driveway Entrances and Exits. Entrances and exits shall be designed for safe and convenient movement of traffic into and out of the park and to minimize marginal friction with movement of traffic on adjacent streets. A minimum of 2 access points shall be provided, and all traffic into and out of the park shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended, and radii of curbs and pavement at intersections shall be a minimum of 25 feet to facilitate easy turning movements for vehicles with trailers attached. No object shall obscure the view of an approaching driver in the right lane of the street. No entrance or exit shall be located closer than 40 feet from any street intersection or 10 feet from the radius point, whichever is more. F. Internal Streets. Streets shall be privately owned and maintained and provided in the park where necessary to allow safe, convenient access to all spaces and facilities used by occupants. G. Street Alignment and Gradient. Street alignment and gradient shall be properly adapted to topography for safe movement of traffic anticipated and to control surface and ground water. H. Street Widths. Streets shall be of adequate width to accommodate the anticipated parking and traffic load per City Fire Department and City Engineer J. Parking Spaces. One hard-pack, off-street parking space per lot. Parking spaces shall be designed as a drive-through space to eliminate backing of vehicles. No loading or maneuvering shall be permitted on any public street, sidewalk, right-of- way, or public grounds. K. Management Offices and Common Facilities. Buildings(s) containing the management office, recreational facilities, toilets, showers, and other common facilities shall be conveniently located for the uses intended. Consolidation of all facilities into a single building and location is acceptable, and must meet the requirements of the current Uniform Building Code. A City of Roswell building permit must be obtained prior to construction. L. Disposal of Wastewater, Sewage, and Trash. No unit shall dispose of wastewater, sewage or trash except in approved facilities provided by management for that purpose. All disposal areas shall be clearly marked and kept clean by management. M. Sanitary Stations. 1. Sufficient facilities shall be provided at sanitary stations for the sole purpose of removing and disposing of waste from all holding tanks, in a clean, efficient, and convenient manner. 2. Each sanitary station shall consist of a drainage basin constructed of impervious material, and containing a disposal hatch and self-closing cover and related working facilities. 3. Sanitary stations shall be located no less than 50 feet from any space or other residential area. Such facilities shall be screened from other activities by visual barriers such as a fence, wall, or natural growth. 4. The disposal hatch of sanitary station units shall be connected to the park sewage disposal system. Related facilities required to wash holding tanks and the general area of the sanitary station shall be connected to the park water supply system. N. Minimum Required Toilet Facilities. 2 toilets, 2 sinks, and 2 bathing facilities shall be required in each facility, men and women, whether dependent or independent units. The following schedule is for dependent units. Urinals shall be acceptable for no more than one-third of the toilets required in the men’s facilities. No. of Dependent Trailer Spaces Toilets Sinks Bathing Stalls 6-10 4 2 2 11-20 6 2 2 21-30 8 4 4 31-55 10 4 4 56-80 12 4 4 81-105 14 4 4 O. Cooking Shelters, Barbecue Pits, and Fireplaces. Shall be so located, constructed, maintained, and used to minimize fire hazards and smoke nuisance both on and off the property. No open fire shall be permitted except in approved facilities. No open fire shall be left unattended, and all open fires shall be extinguished before occupants of spaces retire or leave the area. No fuel or material which emits dense smoke or objectionable odors shall be used or burned. P. Spaces for Occupancy. RVP spaces in travel trailer parks may only be used by travel trailers, equivalent facilities on or towed by vehicles, tents, or other short-term housing. The wheels of a travel trailer shall not be removed except temporarily for repairs. Jacks or stabilizers may be placed under travel trailer to prevent movement while the trailer is parked and occupied. ARTICLE 16: C-2 COMMUNITY COMMERCIAL DISTRICT 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. Auto repair 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. B. Special Uses are as follows: 1. Any special use in the C-l 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 with the following development requirements: An RV park shall not be less than 2.5 acres in size and shall be so dimensioned as to facilitate efficient design and management. Occupancy shall not be permitted until all infrastructures, facilities, and improvements are installed. Section 3. Area, Setback, and Height Requirements Minimum Front setback Front setback Rear setback Minimum Spacing Maximum from all from all from property between structures: HEIGHT Space per property lines property lines lines. unit to Local/ to Side to Side 25’ Width collector And streets. Arterial streets End to End 1,250 S.F. 20’ 35’ 20’ 10 20’ 35’ Section 4. General Standards and Requirements A development plan shall be submitted to the Planning and Zoning Office in accordance with the procedures established in this Ordinance and meeting the following standards and requirements before the issuance of a building permit. A. Development Plan. Plans shall be drawn to scale on an 18"x 24" sheet. The following additional information shall also be shown: 1. A detailed ALTA/ACSM Land Title Survey of the proposed RV park area provided by a Registered Licensed Surveyor. 2. Name of the proposed RV park and name and address of the property owner and/or developer. 3. The location and width of all proposed rights-of-way, easements, and required building setback lines. 4. The locations, dimensions, and area of all proposed or existing lots, home spaces. 5. Identification of the use of any lot or space (single or multi-section units) with consecutive numbering. 6. The location of any proposed accessory structures such as decks, open or enclosed carports, garages, storage sheds, or items of a similar nature, which are subordinate and serve a principal structure or use, located on the home space. 7. The applicant shall provide the City of Roswell 4 sets of the Development Plan at the time of application. Upon final approval the applicant shall furnish the City with 2 sets of the Development Plan for recording purposes. 8. If construction has not begun within one year from the date of approval of the development plan, the approval shall be considered null and void. B. Street Surfacing and Maintenance. As specified in the latest adopted City of Roswell Public Works Specification Ordinance. C. Fencing, screening and landscaping. A solid screen fence or wall made of brick, masonry, stone, or wood, no less than 6 feet in height; or an irrigated and maintained landscaped fence planted with a density equaling the opacity and height of a solid fence or wall; or any combination thereof at all perimeter lot lines of the park. Landscaping shall be provided in accordance with this Ordinance. D. Access to the Park. Direct vehicular access to the park shall be provided by means of an abutting collector or arterial street. Direct vehicular access shall not be provided through an alley or easement. E. Design of Driveway Entrances and Exits. Entrances and exits shall be designed for safe and convenient movement of traffic into and out of the park and to minimize marginal friction with movement of traffic on adjacent streets. A minimum of 2 access points shall be provided, and all traffic into and out of the park shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended, and radii of curbs and pavement at intersections shall be a minimum of 25 feet to facilitate easy turning movements for vehicles with trailers attached. No object shall obscure the view of an approaching driver in the right lane of the street. No entrance or exit shall be located closer than 40 feet from any street intersection or 10 feet from the radius point, whichever is more. F. Internal Streets. Streets shall be privately owned and maintained and provided in the park where necessary to allow safe, convenient access to all spaces and facilities used by occupants. G. Street Alignment and Gradient. Street alignment and gradient shall be properly adapted to topography for safe movement of traffic anticipated and to control surface and ground water. H. Street Widths. Streets shall be of adequate width to accommodate the anticipated parking and traffic load per City Fire Department and City Engineer J. Parking Spaces. One hard-pack, off-street parking space per lot. Parking spaces shall be designed as a drive-through space to eliminate backing of vehicles. No loading or maneuvering shall be permitted on any public street, sidewalk, right-of- way, or public grounds. K. Management Offices and Common Facilities. Buildings(s) containing the management office, recreational facilities, toilets, showers, and other common facilities shall be conveniently located for the uses intended. Consolidation of all facilities into a single building and location is acceptable, and must meet the requirements of the current Uniform Building Code. A City of Roswell building permit must be obtained prior to construction. L. Disposal of Wastewater, Sewage, and Trash. No unit shall dispose of wastewater, sewage or trash except in approved facilities provided by management for that purpose. All disposal areas shall be clearly marked and kept clean by management. M. Sanitary Stations. 1. Sufficient facilities shall be provided at sanitary stations for the sole purpose of removing and disposing of waste from all holding tanks, in a clean, efficient, and convenient manner. 2. Each sanitary station shall consist of a drainage basin constructed of impervious material, and containing a disposal hatch and self-closing cover and related working facilities. 3. Sanitary stations shall be located no less than 50 feet from any space or other residential area. Such facilities shall be screened from other activities by visual barriers such as a fence, wall, or natural growth. 4. The disposal hatch of sanitary station units shall be connected to the park sewage disposal system. Related facilities required to wash holding tanks and the general area of the sanitary station shall be connected to the park water supply system. N. Minimum Required Toilet Facilities. 2 toilets, 2 sinks, and 2 bathing facilities shall be required in each facility, men and women, whether dependent or independent units. The following schedule is for dependent units. Urinals shall be acceptable for no more than one-third of the toilets required in the men’s facilities. No. of Dependent Trailer Spaces Toilets Sinks Bathing Stalls 6-10 4 2 2 11-20 6 2 2 21-30 8 4 4 31-55 10 4 4 56-80 12 4 4 81-105 14 4 4 O. Cooking Shelters, Barbecue Pits, and Fireplaces. Shall be so located, constructed, maintained, and used to minimize fire hazards and smoke nuisance both on and off the property. No open fire shall be permitted except in approved facilities. No open fire shall be left unattended, and all open fires shall be extinguished before occupants of spaces retire or leave the area. No fuel or material which emits dense smoke or objectionable odors shall be used or burned. P. Spaces for Occupancy. RV park spaces in travel trailer parks may only be used by travel trailers, equivalent facilities on or towed by vehicles, tents, or other short-term housing. The wheels of a travel trailer shall not be removed except temporarily for repairs. Jacks or stabilizers may be placed under travel trailer to prevent movement while the trailer is parked and occupied. ARTICLE 23: BUILDING AND PERFORMANCE STANDARDS Section 4. Accessory Uses A. Residential zoned districts 3 sets of plans containing a site plan and structure design shall be required for all accessory structures. All construction shall comply with the latest City approved and accepted New Mexico Building Code, International Building Code, International Fire Code, National Electrical Code, Uniform Mechanical Code, and Uniform Plumbing Code. Accessory structures uses shall also meet the following requirements: 1. An accessory building shall be compatible with the principal building that it serves and shall not be constructed prior to the construction of the principal building, except when used for agricultural purposes in the R-S district. 2. Location of an accessory structure shall meet the following requirements: a. shall not be within the Front Yard setback established and permitted for that lot in that lot. b. shall be a minimum of 15 feet from the street side property line for corner lots. c. shall be a minimum of 10 feet to the principal building or any other structure on that lot. d. shall be a minimum of 5 foot from the Rear Yard property line lots that do not abut dedicated, platted, public right-of-way such as an alleyway. 2. Location of an accessory structure shall meet the following requirements: a. Shall not be within the front yard setback established and permitted for a lot in that zoning district. b. Shall be a minimum of 5’ from all shared property lines. A shared property line is a side or rear property line abutting a neighboring property with no alley or easement in between. c. Shall be a minimum of 15’ from the street side yard property line for corner lots. d. Shall be a minimum of 10’ from the principal building and/or any other structure on that lot. e. Structures must be an additional 1’ from side and rear property lines for every 1’ in height over 12’ while meeting all other applicable setback requirements. f. Structures less than 120 square feet not requiring a building permit shall require a placement permit to ensure adequate setbacks are met. 3. Accessory structures shall not occupy more than 40% of the required Rear Yard setback area, nor have more floor area than the principal structure it serves, nor exceed the height of the principal building it serves. 4. All runoff or drainage from an accessory structure shall remain on the lot that it serves and shall not encroach on an abutting lot. 5. Tanks used for storage of fuel used for heating shall be located in the rear yard and shall not be closer than 10 feet to the principle building or structure that it serves, or any other structure, and 5 feet from the side property line. 6. In-ground swimming pools and ponds shall be a minimum of 40 feet from the front property line, 5 foot from interior and rear property lines, 15 feet from street side property lines, and 10 feet from any other structure on the lot. Construction shall comply with the latest approved International Building Code standards per the City. B. Commercial and Industrial zoned districts 3 sets of plans containing a site plan and structure design shall be required for all accessory structures. All construction shall comply with the latest City approved and accepted New Mexico Building Code, International Building Code, International Fire Code, National Electrical Code, Uniform Mechanical Code, and Uniform Plumbing Code. Accessory structures uses shall also meet the following requirements: 1. An accessory building shall be compatible with the principal building that it serves, shall not occupy any required parking space or area as determine by Planning and Zoning Staff, and shall not be constructed prior to the construction of the principal building. Section 8. Fences, Walls, and Other Obstructions Except as set forth elsewhere in this Ordinance and in other Ordinances, rear yard fences and walls shall not exceed 8 feet in height. Front yard fences shall not exceed 6 feet in height. Fences over 6 feet in height require a Building Permit from the Building Inspection Department. Front yard fences and fences within sight triangles shall not exceed 3’ in height. A fence permit shall be required for all new fences. A. Fences shall not consist of barbed wire, except if the fence is constructed with conventional materials, then no more than 3 strands of barbed wire may be placed at the top of the fence for security purposes. Such exception is only allowed in the commercial/industrial districts, publicly owned properties, and related buildings, utility and service facilities. B. Fences may not be located within the public right-of-way of streets and/or alley-ways. C. Fences located within any sight-triangle of the principal ingress or egress of a lot or public right-of-way may not exceed 3 feet in height from natural ground.

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