Planning & Zoning Commission

Roswell Planning and Zoning Commission Tuesday, June 30, 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 May 26, 2015 minutes D. Swearing In E. Public Hearing Items 1. Election of Officers 2. 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: 6-2415  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 ________________________________ _______________________________  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-LD1 Residential District Article 8 R-LD2 Residential District Article 9 R-LD3 Residential District Article 10 R-1 Residential District 27 Article 11 R-2 Residential District 28 Article 12 R-3 Residential District 29 Article 13 R-4 Residential District 30 Article 14 Residential Mobile Home Subdivision District 31 Article 15 Manufactured/Mobile Home Community District 32 Article 16 Locations of Mobile Homes, Travel Trailers, Recreational, and/or Oversize 38 Vehicles Outside Of Approved Districts Article 17 CR Commercial Residential Mixed Use District Article 18 C-1 Neighborhood Commercial District 40 Article 19 C-2 Community Commercial District 41 Article 20 C-3 Downtown Business District 43 Article 21 C-4 Commercial Business District 44 Article 22 I-1 Light Industrial District 47 Article 23 I-2 Heavy Industrial District 48 Article 24 Overlay Districts Article 25 Planned Unit Development 49 Article 26 Development Standards 55 Article 27 Building & Performance Standards 57 Article 28 Special Flood Hazard Areas 64 Article 29 Telecommunications 65 Article 30 Renewable/Alternative Energy System 71 Article 31 Signs 80 Article 32 Home Occupations 84 Article 33 Sexually Oriented Business 101 Article 34 Non-Conforming Uses 102 Article 35 Penalties for Non-Compliance 103 ARTICLE 4: DEFINITIONS Beauty shop. An establishment, licensed by the state of New Mexico, providing women with services that include hair treatment, manicures, and facials. Café. A small restaurant selling light meals and drinks, such as a coffee shop. Restaurant. A business establishment where meals or refreshments may be purchased. Tavern. An establishment for the sale of beer and other drinks to be consumed on the premises, sometimes also serving food. ARTICLE 5: ESTABLISHMENT OF ZONING DISTRICTS Section 1. Establishment of Zoning Districts In order to fulfill the purposes and provisions of this Ordinance, the area within the corporate limits of the City of Roswell is divided into the following zoning districts: Residential R-S Rural Suburban District R - LD1 Residential Low-Density 1 District R - LD2 Residential Low-Density 2 District R - LD3 Residential Low-Density 3 District R-1 Residential District R-2 Residential District R-3 Residential District R-4 Residential District RMS Mobile Home Subdivision District MHC Mobile Home Community District C-R Commercial Residential Mixed Use District Commercial C-1 Neighborhood Commercial District C-2 Community Commercial District C-3 Central Business District C-4 Commercial Business District Industrial I-1 Light Industrial District I-2 Heavy Industrial District ARTICLE 7: RESIDENTIAL LOW-DENISTY 1 (R-LD1) DISTRICT Section 1. Purpose This district is intended for low density single family detached dwellings, 1 unit 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. Churches, convents, monasteries, parish houses, rectories, seminaries, and other places of worship and those uses usually associated with them like day care services 2. Community Association swimming pools and/or recreational facilities 3. Golf courses and related buildings 4. Public utility and service facilities 5. Schools; public or private, elementary, secondary, and colleges ARTICLE 8: RESIDENTIAL LOW-DENISTY 2 (R-LD2) DISTRICT Section 1. Purpose This district is intended for low density single family detached dwellings, 1 unit per net 30,000 square feet, 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. Any Permitted Use in the R-LD1 District. B. Special Uses are as follows: 1. Any Special Use in the R-LD1 District ARTICLE 9: RESIDENTIAL LOW-DENISTY 3 (R-LD3) DISTRICT Section 1. Purpose This district is intended for low density single family detached dwellings, 1 unit per net 15,000 square feet, 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. Any Permitted Use listed in the R-LD1 District B. Special Uses are as follows: 1. Any Special Use listed in the R-LD1 District. ARTICLE 17: CR COMMERCIAL RESIDENTIAL MIXED USE DISTRICT Section 1. Purpose This district is intended to provide a mixture of neighborhood retail, personal service, high-density residential, and public spaces designed for residents of that neighborhood. These uses should add benefit to the immediate area and not have a detrimental effect on that neighborhood. Section 2. Use Regulations A. Permitted Uses are as follows: 1. Neighborhood athletic clubs/Gyms 2. Banks/Credit Unions/Financial institutions 3. Hospitality Establishments (Example: hotels and motels) 4. Lodges, Clubs, Fraternal, Religious (No gun clubs) 5. Commercial Retail/Service stores less than 25,000 square feet 6. Professional Offices 7. Multi-family housing 8. Medical facilities/offices/centers less than 25,000 square feet 9. Private or public parking lots/garages/decks 10. Public or private utility/Service/radio/TV/cable 11. Restaurants/bars/cafés/taverns and similar uses 12. Theaters, indoor 13. Vendors shall be permitted during community events and festivals with appropriate permits from the City of Roswell. 14. Community gardens 15. Any other use that meets the intent and purpose of this Article and is similar and comparable to those uses listed above. ARTICLE 21: C-4 COMMERCIAL BUSINESS DISTRICT Section 8. Sanitation Dumpsters and Grease Bin Enclosure Requirements A. All commercial properties in the C-4 District will have their sanitation and/or grease removed from the alley ways. B. All dumpsters (and grease bins if required) shall be located in their own separate enclosures. If both dumpsters and grease bins are required for a site, they must each be located in a single enclosure with a concrete masonry unit (CMU) wall separating the two of them. At no time will the dumpster and grease bin be permitted inside a single enclosure together. C. Pipe bollards shall be located inside each separate enclosure between the dumpster and/or grease bin and the rear wall of the enclosure to prevent damage to the rear wall from the routine sanitation pick-up services. D. Enclosures shall be constructed with the rear wall of the enclosure at the rear property boundary line, with the opening of the enclosure(s) facing towards the alley way. Should a different location be requested, it is the developer’s responsibility to get this location pre-approved by the Director of Sanitation before a Building Permit can be issued. B. All sanitation dumpsters and grease bins shall be lidded. C. All sanitation dumpsters shall be enclosed on three sides with walls no less than 6’ in height constructed with consistent masonry building materials used in the main commercial property. 1. Enclosure openings shall abut the rear property line (at a right angle OR at a 15 degree angle facing N/S/E/W according to the Sanitation Department’s route plan for service) and be located away from high-traffic public areas such as eating tables. 2. Enclosures shall have metal-framed doors to fully enclose sanitation dumpsters installed. 3. Sanitation dumpster enclosures shall have dimensions of a minimum of 7’ by 9’ per dumpster to include space for pipe bollards and associated railing. 4. Pipe bollards and connected railing shall be installed within the enclosure to prevent damage to the enclosure from routine sanitation pick-up services. a. Three pipe bollards shall be located inside each separate enclosure between the sanitation dumpster or grease bin and the rear wall located at either corner and in the center. b. Pipe bollards shall be placed on either side of the sanitation dumpster location at the opening of the enclosure. Therefore, an enclosure with one sanitation dumpster will necessitate five bollards whereas an enclosure with two sanitation dumpsters will necessitate eight bollards. (Please reference Figure 1 below.) c. All bollards shall be a minimum of 3” in diameter and 32” in height and constructed of metal. d. All bollards shall be connected by 2” diameter metal railing which shall be welded to the bollards. D. Grease bins shall be located in a separate enclosure from the sanitation dumpsters with separate access and conform to the same requirements for the enclosure as listed above for sanitation dumpsters except for the following requirements: 1. The grease bin enclosure may be attached to the sanitation dumpster enclosure, but shall be separated by a wall of the same material used for the sanitation dumpster. 2. Grease bin enclosures shall be no less than 6’ in height and allow for dimensions to accommodate the size of the grease bin and required bollards with connective railing. Grease bin enclosures shall have floor drains installed which drain into an approved grease receptor as listed in City Code and approved by Staff. Figure 1: ARTICLE 24: OVERLAY DISTRICTS Section 1. Purpose Overlay districts provide a flexible zoning apparatus to allow for a mixture of uses that may be necessary or desirable for a particular area. Overlay districts can encompass multiple lots, property owners, and underlying zoning districts to achieve a desired goal. Mixtures of commercial, industrial, and residential uses can be combined beyond traditional zoning. Overlay districts shall be in harmony with surrounding zoning and environments and the specific needs of that area. Section 2. Land Areas Included Overlay districts may be established in districts zoned to permit residential, commercial, or industrial uses as an essential or primary use and only in accordance with the provisions of this Article. Section 3. Permitted Uses Uses allowed in the underlying zoning district shall guide the uses allowed in the overlay district. However, each overlay district can more specifically identify those uses that are permitted. The overlay district shall override specific items from the underlying zoning district if specifically included in the overlay district code. Section 4. Application of Zoning Regulation The approval of development in an overlay district may include modifications in the requirements and standards of the underlying zoning classifications of the property upon which the project is located, subject to the limitations provided by the standards set forth in this Article. If the land within the proposed development is also to be subdivided, it shall also be subject to the City of Roswell Subdivision Ordinance. Section 5. Process City Staff shall initiate the process to create Overlay Districts. The process shall consist of the following: A. A conceptual review by City Staff and the affected property owners shall be held to determine if the proposed Overlay District corresponds well with the immediate and surrounding areas and needs from the community. B. Review of the proposed Overlay District shall be done by the Planning and Zoning Commission and a recommendation shall be made to the City Council. C. If approved, the Overlay District shall be noted on the Official Zoning Map and included with this article of the Zoning Ordinance below. Section 6. Planning and Zoning Commission Recommendation The Planning and Zoning Commission shall review the proposed Overlay District at a regular meeting and may, after public hearing, on the vote of a majority of the total members of the Planning and Zoning Commission, disapprove the request or recommend to the City Council that approval be granted, subject to such changes therein or impose such conditions of approval, if any, as are in its judgment necessary to ensure conformity to all pertinent standards and regulations. A recommendation shall be based on the Planning and Zoning Commission’s written Findings of Facts as to: A. Whether the proposed Overlay District will be detrimental to present and potential surrounding land use or will have a beneficial effect; B. Whether land surrounding the proposed Overlay District can be planned in coordination and can be developed so as to be mutually compatible; C. Whether utility services and other improvements, existing and proposed, are adequate for development; D. Whether each phase of the proposed Overlay District contains the required setbacks, parking spaces, open spaces, drainage area, landscape and utility areas necessary for creating and sustaining a desirable and stable environment; F. Whether the proposed Overlay District will implement the goals and objectives of the Comprehensive Master Plan. The determination of the Planning and Zoning Commission to approve the Overlay District or to approve it with modifications shall be forwarded to the City Council. Section 7. City Council Consideration of the Overlay District Upon receipt of a request for an Overlay District from the Planning and Zoning Commission other than an appeal of the Planning and Zoning Commission’s disapproval of a request, the City Council shall approve the Planning and Zoning Commission’s decision with or without modifications, or remand the request to the Planning and Zoning Commission for reconsideration, or disapprove the request. The public hearing before the Planning and Zoning Commission shall constitute the public hearing by the City Council and no further public hearing before the City Council shall be required. Section 8. Permits The Building Inspector shall issue building permits for buildings and structures that conform to the Overlay District and with all other applicable City Ordinances and regulations. The Building Inspector shall issue a Certificate of Occupancy for completed buildings or structure which conforms to the requirements of the approved Overlay Districts and all other applicable City Ordinances and regulations; provided, however, that the construction and development of all public improvements, utilities, landscaping, open spaces and parkand recreation facilities of each project phase must be completed before any Certificate of Occupancy shall be issued.  ARTICLE 26: DEVELOPMENT STANDARDS Section 1. Generally Every building, structure and use hereafter constructed or established shall meet the following area, setback, and height requirements in addition to requirements set forth elsewhere in this Ordinance. Section 2. Residential Districts The minimum lot size and principal structure location requirements for residential uses in the R-S through R-4 zoning districts are as follows: Side Yard Street side Front Yard setback yard Front required setback setback yard required required setback for interior Local or Local or required lots Collector collector arterial 1 story/2 / Minimum streets Rear Yard Arterial Zoning streets setback story Maximum District Use Lot Size required Height R-S Rural Single Family 2.0 2.5 25 35 20 5 / 10 25 / 35 35 Suburban Residence acres R-LD 1 Low-Density 1 acre 40 40 30 20/20 30/30 35 Single Family Residential R-LD 2 Low-Density 30,000 S.F. 35 35 25 15/15 25/25 35 Single Family Residential R-LD 3 Low-Density 15,000 S.F. 30 30 20 15/15 25/25 35 Single Family Residential R–1 Single Family 6,000 S.F. 25 35 20 5 / 10 25 / 35 35 Residential Residence R–2 Single Family 5,000 S.F. 25 25 20 5 / 10 25 / 25 35 Residential Residence Townhouse B 4,500 S.F. 25 25 20 5 / 10 25 / 25 35 Per Unit Duplex A 4,000 S.F. 25 25 20 10 / 10 25 / 25 35 R–3 Single Family 4,500 S.F. 20 25 20 5 / 10 20 / 25 35 Residential Residence Per Unit  Townhouse B 4,000 S.F. 20 25 20 5 / 10 20 / 25 35 Per Unit Duplex A 3,500 S.F. 20 25 20 5 / 10 20 / 25 35 Multi Family 3,000 S.F. 20 25 20 10 / 10 20 / 25 35 Residence A Per Unit R–4 Single Family 4,000 S.F. 20 25 20 5 / 10 20 / 25 35 Residential Residence Per Unit Townhouse B 3,000 S.F. 20 25 20 5 / 10 20 / 25 35 or D Per Unit Duplex A 3,000 S.F. 20 25 20 5 / 10 20 / 25 35 Multi Family 2,000 S.F. 20 25 20 10 / 10 20 / 25 35 Residence A Per Unit C-R Commercial 25 30 25 15/15 20/25 35 Residential Mixed Use Heights greater then 35’ shall require approval from Staff Section 14. Sanitation Dumpsters and Grease Bin Enclosure Requirements A. All commercial properties in any commercial districts, including properties identified as commercial within mixed-use districts, will have their sanitation and/or grease removed from the alley ways unless otherwise approved in writing by all applicable departments. B. All sanitation dumpsters and grease bins shall be lidded. C. All sanitation dumpsters shall be enclosed on three sides with walls no less than 6’ in height constructed with consistent masonry building materials used in the main commercial property. 1. Enclosure openings shall abut the rear property line (at a right angle OR at a 15 degree angle facing N/S/E/W according to the Sanitation Department’s route plan for service) and be located away from high-traffic public areas such as eating tables. 2. Enclosures shall have metal-framed doors to fully enclose sanitation dumpsters installed. 3. Sanitation dumpster enclosures shall have dimensions of a minimum of 7’ by 9’ per dumpster to include space for pipe bollards and associated railing.  4. Pipe bollards and connected railing shall be installed within the enclosure to prevent damage to the enclosure from routine sanitation pick-up services. a. Three pipe bollards shall be located inside each separate enclosure between the sanitation dumpster or grease bin and the rear wall located at either corner and in the center. b. Pipe bollards shall be placed on either side of the sanitation dumpster location at the opening of the enclosure. Therefore, an enclosure with one sanitation dumpster will necessitate five bollards whereas an enclosure with two sanitation dumpsters will necessitate eight bollards. (Please reference Figure 1 below.) c. All bollards shall be a minimum of 3” in diameter and 32” in height and constructed of metal. d. All bollards shall be connected by 2” diameter metal railing which shall be welded to the bollards. D. Grease bins shall be located in a separate enclosure from the sanitation dumpsters with separate access and conform to the same requirements for the enclosure as listed above for sanitation dumpsters except for the following requirements: 3. The grease bin enclosure may be attached to the sanitation dumpster enclosure, but shall be separated by a wall of the same material used for the sanitation dumpster. 4. Grease bin enclosures shall be no less than 6’ in height and allow for dimensions to accommodate the size of the grease bin and required bollards with connective railing. 5. Grease bin enclosures shall have floor drains installed which drain into an approved grease receptor as listed in City Code and approved by Staff. Figure 1: