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Planning & Zoning Commission

Regular Meeting

Roswell, NM · July 28, 2015

AgendaMinutes

Minutes

MINUTES OF THE REGULAR MEETING Planning and Zoning Commission JULY 28, 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 6:00 p.m. by Chair Brown with the following members present: Members present included Bruce Gwartney, and Riley Armstrong, Eddie Carrillo and David Storey. Absent members included Shirley Childress and Toby Gross Staff present included Louis Najar- City Engineer, Bill Morris- City Planner, Elizabeth Stark-Rankins- Support Services Administrator, Amber Copeland- Zoning Administrator, and Danny Renshaw- Zoning Technician. APPROVAL OF AGENDA- July 28,2015 Mr. Carrillo moved to approve the agenda by reversing the order of cases 15-08 and 15-09. Mr. Armstrong seconded the motion and all were in favor. APPROVAL OF MINUTES – June 30,2015 Mr. Carrillo moved to approve the minutes as presented. Mr. Armstrong 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 15-07: LAND USE AND ZONING CONSIDERATIONS Sylvia Eaker, owner, is requesting a variance of 8’ to the required 20’ setback for open porches in an R-1 District. The lot measures 50’ by 75’, more or less, is not unusually shaped, and does not possess any unusual topographical features. Access is from East 6th Street, a local street as defined by the 2005 Comprehensive Master Plan’s Street Classification Guide. The lot is zoned R-1 District and abuts R-1 District to the north, west, and south and R-3 District to the east. Residential structures are located on the surrounding lots. Mr. Armstrong made the motion to waive the reading of the Land Use and Zoning Considerations and Findings of Facts for Case 15-07. Mr. Gwartney seconded the motion and all were in favor. Charles Purcell, Private Building Inspector spoke in favor of granting the variance. Since the contractor did not get a permit he is willing to pay double fines. Margaret Barber stated how the remodel has enhanced the neighborhood and helped the character of the area. Gonzales Chaves stated the variance should be granted. Julie Baxley stated the overhang was in poor shape, and how the owner has improved and enhanced the neighborhood. Amber Copeland stated how the construction was started from an old build that had no aerial photos and had lost its legal non-conforming status. That there was one letter of protest that set the percentage at 11.96% so it does not take 5 out of 7 votes to pass. Planning & Zoning Page 1 of 3 July 28, 2015 Mr. Gwartney made the motion to pass the variance. Mr. Carrillo seconded the motion and all were in favor. 2. Case 15-09: LAND USE AND ZONING CONSIDERATIONS: The owners are requesting a Special Use Permit for a Bed and Breakfast in an R- 3 District. The property abuts R-3 District to the east and south and R-1 District to the north and west. To the east is the Roswell Independent School District’s Administrative Services Building, to the south is a credit union, to the west and north are single-family residential homes, and to the northeast is a law firm. Access is from North lea Street and West 4th Street, Local Streets as defined by the 2005 Comprehensive Master Plan’s Street Classification Guide. The area is recommended for low- density residential development by the 2005 Comprehensive Master Plan. Mr. Armstrong made a motion to waive the reading of the Land Use and Zoning Considerations and Findings of Facts for Case 15-09. Mr. Gwartney seconded the motion and all were in favor. Janlee Zumwalt and Rick Wiles- Property and Business Owners provided the history and a Virtual Tour of the property and what they are going to achieve. They stated the importance of the location and what it will bring to the area. Letters of inspection have been received from the State of New Mexico Environment Department and the Roswell Fire Department. Those speaking in favor- Mr. Dick Luntz whose property abuts on the alley stated he if familiar with B&B’s and expect they will maintain the property. Mr. Joshua Watkins is a minister and friend stated he has toured the property and expressed his interest in using the facilities. Ms. Martha Bean spoke in favor stating she has moved from the area but fully support their efforts. No one spoke against. Ms. Copeland stated staff had received no complaints against. Mr. Najar stated they will need 4 plus 2 accessible parking spaces for a total of 6 off street spaces. Mr. Armstrong made the motion to approve Case 15-07 on the consideration and testimony provided. Mr. Carrillo seconded the motion and all were in favor. 3. CASE 15-08: LAND USE AND ZONING CONSIDERATIONS: The property owner is requesting a variance to the required number of parking spaces for a multi-family residential use in an R-3 District. Lots 1 and 2 of Pocono Place Unit One are zoned R-3 District and are located at approximately the northwest corner of North Sycamore Avenue and West College Boulevard. The tract is approximately 13.5 acres, more or less, and is of an irregular shape. A C-2 District lot measuring approximately 240’ by 340’ is located at the immediate corner is not included in the request. Access to Lots 1 and 2 is from North Sycamore Avenue and West College Boulevard, both Minor Arterial Streets as classified by the 2005 Comprehensive Master Plan’s Street Classification Guide. This area is recommended for C-2 Commercial Development by the 2005 Comprehensive Master Plan. Mr. Chad Lydick spoke in favor for the owner and the engineering firm. Stating the parking requirements is the last remaining issue. Mr. Najar passed out drawings of the site plan stating it has been revised three times. Phase One has a ratio of 1.96 and Phase Two has a ratio of 1.8 with a average ratio of 1.89. Planning & Zoning Page 2 of 3 July 28, 2015 Mr. Lydick stated there have been multiple units built and the ratio works. There is a variance for both phases and a temporary detention pond planned for both phases and the Featherstone Property. Phase two may have to be underground. Mr. Najar stated they are 28 spaces short of the requirements. Phase One could be used as a test since there is a need for transitional housing. Mr. Lydick stated there will be a 6 to 9 month lag between phases which will give time to evaluate and adjust before the start of Phase Two. No one spoke against the variance. Mr. Carrillo made the motion to approve with the conclusion of Phase One that provisions for adjustments could be made before Phase Two. Mr. Armstrong seconded the motion and all were in favor. 4. AMENDMENTS TO ZONING ORDINANCES NO. 10-02: AMENDED Mr. Bill Morris- City Planner stated there is a need for change of the mixed use needs but before there is a proposal, there is a need for more refining. F. OTHER BUSINESS Mr. Najar stated this will be Amber Copeland’s last meeting and thanked her for her service. H. ADJOURN Mr. Brown adjourned the meeting at 7:08 pm. Ralph Brown – Chair Eddie Carrillo - Secretary Planning & Zoning Page 3 of 3 July 28, 2015

Agenda

Roswell Planning and Zoning Commission Tuesday, July 28, 2015 at 6:00 p.m. Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street 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 June 30, 2015 minutes D. Swearing In E. Public Hearing Items 1. CASE 15-07: A Variance of 13’ to the Required 25’ Front Yard Setback in an R-1 Residential District, the East 50’ of Lot 14 and the East 50’ of the Northern Half of Lot 13, Block 39 of West Side Addition, known as 408 West 6 th Street, Sylvia Eaker/Owner 2. CASE 15-08: A Variance to the Required Number of Parking Spaces for a Multi- Family Residential Development in an R-3 District, Lots 1 and 2 of Pocono Place Unit One, located at the northwest corner of North Sycamore Avenue and West College Boulevard, Spring River Apt. Limited Partner, L.L.L.P./Owner, Chad Lydick P.E./Agent 3. CASE 15-09: A Special Use for a Bed and Breakfast in an R-3 Residential District, Lots 1, 2, and 3, Block 20 of West Side Division, known as 312 North Lea Street, Janlee Zumwalt and Rick Wiles/Owners 4. 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: 7-22-15 MINUTES OF THE REGULAR MEETING Planning and Zoning Commission JUNE 30, 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 6:00 p.m. by Chair Brown with the following members present: Members present included Bruce Gwartney, and Riley Armstrong, Eddie Carrillo, Toby Gross, Shirley Childress. Absent members included David Storey. Staff present included Elizabeth Stark-Rankins- Support Services Administrator, Amber Copeland- Zoning Administrator, and Danny Renshaw- Zoning Technician APPROVAL OF AGENDA- June 30, 2015 Mr. Gross moved to approve the agenda as presented. Mr. Carrillo seconded the motion and all were in favor. APPROVAL OF MINUTES –May 26, 2015 Mr. Armstrong moved to approve the minutes as presented. Mr. Carrillo 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 Ms. Childress requested to step down as Vice Chair. Mr. Armstrong made the motion to elect Mr. Brown as Chair. Mr. Carrillo seconded the motion and all were in favor. Mr. Carrillo made the motion to elect Mr. Armstrong as Vice Chair. Ms. Childress seconded the motion and all were in favor. Mr. Gross made the motion to elect Mr. Carrillo as Secretary. Mr. Armstrong seconded the motion and all were in favor. 2. Amendments to Zoning Ordinance No. 10-12: Amended Ms. Copeland stated this is the second round of changes to the Zoning Ordinance. She stated first round will be going to City Council July the Ninth. She stated Staff has added new zoning districts with larger lot sizes with much lower density, a commercial/residential mixed use district, and an Overlay District. Ms. Copeland stated definitions were updated and that restaurants, cafes, and taverns and that the definition of beauty shops was updated. Ms. Copeland stated Residential Low-Density Districts were added with larger lot sizes. Mr. Armstrong asked if the Commercial/Residential District would allow residential uses above commercial in the same building. Ms. Copeland stated that could definitely be a possibility and that the idea was to encourage a more urban style of zoning with residential near to shopping and restaurants. Mr. Carrillo stated a similar use currently exists at the corner of Alameda Street and Main Street. Ms. Copeland stated C-2 Districts allow for a single residential use as an accessory to a commercial use, provided it is not rented or sold separately. Mr. Armstrong asked if the Commission would be making a recommendation to City Council. Ms. Copeland stated Staff was primarily concerned with getting Commission input and that revisions would go before the Legal Committee. Mr. Armstrong stated it seemed that the revisions were an attempt to broaden the scope of zoning and asked if the City was responding to requests from developers. Ms. Copeland stated Staff was attempting to anticipate future needs and to help property owners better utilize their properties. She stated the Low Density Residential Districts were created in response to research which indicated that current low-density requirements were comparable to other municipalities’ medium- to high-density requirements. Mr. Armstrong asked if the City currently has Overlay Districts. Ms. Copeland stated the City does not. She stated the City does have Planned Unit Developments (PUDs) but that those are a different development type. She stated no changes would be made to existing PUDs and that they would not be affected by the proposed changes. Ms. Copeland stated an Overlay District can be placed over existing zoning districts to expand uses. Ms. Stark-Rankins stated the City would likely initiate Overlay Districts whereas developers would initiate PUDs. Ms. Copeland stated property owners affected by the Overlay District would still have to approve the request and be in agreement with the proposal and that Overlay Districts can be tailored to the specific need. Ms. Stark-Rankins stated the Overlay District being listed allows for their creation. She stated areas like the Metropolitan Redevelopment Area of the Railroad District and Old Municipal Airport would be possible candidates for Overlay Districts. She stated Overlay Districts would default to the underlying zoning while either adding flexibility or creating firmer guidelines. Ms. Stark-Rankins stated the difference between a Zone Change and an Overlay District would be that an Overlay District is initiated by the City and can affect numerous property owners, as opposed to a Zone Change which is typically initiated by property owners and is limited to their own property. She stated Overlay Districts can make provisions for a certain style of architecture to be maintained or for certain uses to be allowed and becomes a part of the Zoning Map. Mr. Armstrong stated under this concept to the Old Municipal Airport Area could became an Overlay District with industrial, commercial, and multi-family and single-family residential in a mixed use area. Ms. Stark- Rankins stated the Old Municipal Airport is a large area of vacant property that the City would like to see developed in a planned manner. She stated Overlay Districts can encompass open space, commercial, and residential but with a consistent aesthetic throughout. Ms. Copeland stated the process is very similar to the Planned Unit process, but that Overlay Districts will not deal with layouts of streets and rights-of-way. She stated Staff would work very closely with the property owners and that the public hearing process would be similar to the PUD process. Ms. Stark-Rankins stated Overlay Districts are very common and that Steve Polasek, City Manager, is from Keller, Texas, which utilizes them. Mr. Armstrong stated he thought Lubbock, Texas also has Overlay Districts. Chair Brown stated he felt the City of Santa Fe has an overly restrictive building code regarding architectural details and uses that he does not want to see the City of Roswell adopt. Ms. Copeland stated that is not Staff’s goal and Ms. Stark-Rankins agreed. Ms. Copeland stated public participation will help to prevent that. Ms. Stark-Rankins stated Staff hopes to help developers by providing Overlay Districts so that they are given greater assurance that their new development will be surrounded by others similar in quality. Chair Brown stated he agreed with Staff’s approach. Chair Brown asked if any Zone Changes were planned. Ms. Copeland stated they were not. Ms. Stark-Rankins stated future Zone Changes could be possible but that the Comprehensive Master Plan was still undergoing updates. She stated many ideas being introduced by Staff originated with City Management. Ms. Copeland stated a good deal had come from discussions with other municipalities and from discussions with developers. Chair Brown asked if Staff would like a recommendation for Council and Ms. Copeland stated that the Commission could make a recommendation or review the issue until the next meeting. Chair Brown stated the Commission could make a recommendation after the Legal Committee had reviewed the material. Ms. Stark-Rankins stated Staff wanted to make sure the Commission would be involved in the process of revisions. MOTION Mr. Armstrong made a motion to recommend approval by the Legal Committee of Proposed Amendments to Zoning Ordinance No. 10-02: Amended with the provision that the amendments would be reviewed by the Commission prior to a recommendation for approval by City Council. Mr. Gwartney seconded the motion and all were in favor. Other Business Discussion ensued regarding mobile vendors and the Commission asked that Staff review possible changes to the Zoning Ordinance regarding mobile vendors. Adjourn Chair Brown announced the meeting adjourned at 7:00. 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:

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