Planning & Zoning Commission

Roswell Planning & Zoning Commission Agenda Tuesday, March 22, 2016 - 6:00 PM Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street Planning Commission Chair: Ralph Brown Vice Chair: Riley Armstrong, Secretary: Eddie Carrillo Planning Commission Members: Toby Gross, Shirley Childress Bruce Gwartney, David Storey Current Planning Administrator: Merideth Hildreth, AICP Planning Manager: William Morris, AICP, CZO Planning & Engineering Director, Louis Najar, P.E. A. Call to Order B. Roll-Call C. Swearing In D. Approval of the Agenda E. Minutes 1. Consider approval of the February 23, 2016 minutes. F. Public Hearing Items 1. CASE 16-03 (VAR) Request for a Variance for Side Yard and Rear Yard Setbacks and over forty percent coverage of Rear Yard Setback for Accessory Structure; Tierra Berrenda 5 Amend, Block 2, Lot 6 - known as 855 Swinging Spear Road (Testorff/Owner & Agent). Exhibits for Each Case Attached: (A) Application; (B) Staff Summary; (C) Letter Notifying Surrounding Property Owners; (D) List of Property Owners Notified; (E) Chaves County Assessor’s Map Identifying Properties with the Notification Area; (F) Aerial Map of Property Requesting Variance; (G) Permit Application; (H) Site Plan. 2. CASE 16-04 (VAR) – Request for a Variance to extend an accessory structure roof to extend into required Side Yard on a Corner Lot; West Side Subdivision, Block 60, Lot 7 – known as 1300 North Pennsylvania Avenue (Kosturska- Barrett/Owner & Agent). Exhibits for Each Case Attached: (A) Application; (B) Staff Summary; (C) Letter Notifying Surrounding Property Owners; (D) List of Property Owners Notified; (E) Chaves County Assessor’s Map Identifying Properties with the Notification Area; (F) Aerial Map of Property Requesting Variance; (G) Photos. 3. PROPOSED TEXT AMENDMENT to the City of Roswell Zoning Ordinance; Modification of Article 9: R-3 Residential District, specifically, creating a new Conditional Use for Daycare facilities in the R-3 zoning district, and Article 26: Signs, specifically creating criteria for monument signage. (Attachment – 4 Pages.) G. Other Business 1. Presentation of second draft mobile vendor ordinance: Transient & Itinerant Merchants and Itinerant Vendors (Attachment – 4 Pages.) 2. Presentation of information on manufactured homes and terminology for discussion purposes. (Attachment – 2 Pages.) H. Public Comments I. Adjourn Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and Resolution 15-56. 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: March 17, 2016 Planning & Zoning Commission Agenda 1 March 22, 2016  Roswell Planning & Zoning Commission Minutes Tuesday, February 23, 2016 - 6:00 PM Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street Planning Commission Chair: Ralph Brown Vice Chair: Riley Armstrong Secretary: Eddie Carrillo Planning Commission Members: Toby Gross, Shirley Childress Bruce Gwartney, David Storey Current Planning Administrator: Merideth Hildreth, AICP Planning Manager: William Morris, AICP, CZO Director of Planning & Engineering: Louis Najar, P.E. A. CALL TO ORDER – Chair Ralph Brown A regular meeting of the Planning & Zoning Commission was called to order at approximately 6:00 p.m. by Chair Brown. B. ROLL-CALL Ralph Brown (Chair) PRESENT Riley Armstrong (Vice Chair) PRESENT Eddie Carrillo (Secretary) PRESENT Toby Gross ABSENT Shirley Childress PRESENT Bruce Gwartney PRESENT David Storey PRESENT Staff Members Present: Merideth Hildreth, AICP, Current Planning Administrator and Louis Najar, Director of Planning and Engineering. C. SWEARING IN Chair Brown swore in staff and members of the audience. D. APPROVAL OF THE AGENDA Motion to Approve the Agenda as presented by Shirley Childress Second by Bruce Gwartney The motion passed 6 to 0 E. MINUTES: Consider approval of the January 26, 2016 Minutes Motion to Approve the January 26, 2016 Minutes as presented by Riley Armstrong Second by Bruce Gwartney The motion passed 6 to 0 Planning & Zoning Commission 1 of 6 February 23, 2016 Minutes F. PUBLIC HEARING ITEMS Motion to Waive the Reading of the Finding of Facts with Respect to Case 16-01 by Riley Armstrong Second by Bruce Gwartney The motion passed 6 to 0 1. CASE 16-01 (CUP) Request for a Conditional Use Permit for a Major Home Occupation – Daycare for up to twelve children per day; Riverside Heights A mend, Block 4, Lot 5 - known as 909 North Union Avenue (Franco/Owner, Franco/Agent). Exhibits Attached: (A) Application; (B) Staff Summary; (C) Letter Notifying Surrounding Property Owners; (D) List of Property Owners Notified; (E) Chaves County Assessor’s Map Identifying Properties with the Notification Area; (F) Aerial Map of Property Requesting CUP; (G) Letter 1; (H) Letter 2. Ariana Franco who resides at 909 North Union spoke - in hopes that you will grant a Conditional Use Permit for home day care, location at 909 North Union. I have a driveway in the alley for drop off. House is ready and equipped for business. Alley is paved according to the property length. The daycare is for children birth to age twelve and will operate 24 hours a day 6 days a week to accommodate parents who work swing and graveyard shifts. This business will provide employment for at least 2 people. Chair Brown asked if anyone wished to speak in favor of the application for the Conditional Use Permit. Dr. Charles Smith residing at 3410 North Atkinson spoke. The reason I'm here today is that I own most of the property across Union from this address. I have been acquiring my property since the 1990s. I wholeheartedly support upgrading the home business to a Major Home Occupation. Most of the protests involve the use of the alley. I personally have never seen excessive use of this alley. I am in favor of encouraging growth in this area and moving from a minor to a major home occupation. This daycare has been in effect for years and years. I strongly support it. Chair Brown asked if anyone wished to speak against the application for the Conditional Use Permit. No one spoke against the application. Louis Najar spoke with regard to the letters. Mr. Najar stated that he felt the Planning & Zoning Commission should disqualify the letter of protest from Araceli Renteria. Mr. Najar knows her as a City Employee and that the property is outside the one-hundred foot required notification area, and believes she no longer resides in the area. Planning & Zoning Commission 2 of 6 February 23, 2016 Minutes  From an engineering point of view, Mr. Najar stated that he is familiar with this location and alley and has not seen unusual traffic in the alley. He stated that this type of daycare is much needed. Commissioner Armstrong asked if this is a paved alley and if dust is an issue. Mr. Najar answered it is paved just past their property and dust is not an issue at this location. Commissioner Eddie Carrillo made a motion to approve case 16-01 with findings of fact as presented. Second by David Storey. The motion passed 6 to 0. 2. CASE 16-02 (VAR) – Case Withdrawn per Staff Recommendation. Request for a Variance to allow an accessory structure to be placed in front of the residential structure; Fruitland Subdivision, Block 9, Lot 6 W 108’ S 112’ / S 458’ N 508 W 165’ / N 50’ E 65’ W 165’ – known as 1005 East Poe Street (Boehms/Owner & Agent). Case 16-02 was withdrawn. No discussion. G. OTHER BUSINESS 1. Presentation of draft mobile vendor ordinance – Attached (2 Pages). Kerry Moore residing at 3201 North Kentucky # 166 spoke stating the draft Mobile Vendor Ordinance is pretty good and she likes it. She stated her assumption is that her business license fee is down to $35.00 a year and in order to use public property must have insurance on file with the City. Mr. Najar answered, Yes, the fee will be as a regular business. Mr. Najar further clarified Draft Ordinance Section G: “Vendors are not permitted to operate at any city park or facility where there is a concession stand operating at the same time.” He used Little Leagues as an example so that vendors would not compete with fundraiser concessions. Ms. Moore posed the scenario if a vendor could set up in a park if someone wants a vendor at a birthday party at a park. Mr. Najar answered that yes, a vendor in the park is permitted with permission from Parks and Recreation and that the customer applying for a park permit would have to include the Vendor on the permit. Planning & Zoning Commission 3 of 6 February 23, 2016 Minutes  Mr. Moore wanted to know if food trucks could set up at parks, such as in the hot summer months, so people could buy their food and sit in the shade of the trees. Mr. Najar mentioned that Cahoon Park has a pool, and vendors would not be allowed to compete with the Concession. Commissioner David Storey mentioned Riverside has no off-street parking, however there is parking on the east side. Ms. Moore stated she was thinking about near the school. She used Cahoon Park along Park Road, north of Washington Elementary School as an example. Mr. Najar stated that he would discuss the location with the City’s Executive Staff. Ms. Moore suggested that Draft Ordinance Section F would cover that. “Mobile vendors shall not obstruct traffic, create an impediment or hazard and shall adhere to other instructions as may be directed by the city police department.” Ms. Moore asked to clarify Draft Ordinance Section B “Vendor vehicles and trailers using propane heating sources shall pass an annual inspection by the LP gas inspector with the New Mexico Regulation and Licensing Department, Construction Industries Division. Ms. Moore asked who performs the gas inspection and does the inspection include tanks and lines? Mr. Najar stated that the City’s Fire Chief is not qualified to do that type of inspection, that vendors should make an appointment with the State Inspector. Inspections include the tanks, lines, and everything. Commissioner Eddie Carrillo stated that the State Inspector visits the City every sixty days to inspect restaurant fire suppression. Ms. Moore stated that they want to make sure they can comply. Commissioner David Storey stated it’s an annual inspection. Chair Brown asked, “Do you have to be inspected now?” Ms. Moore stated inspection is in the current Code and they had been to the Fire Marshall, but he could not inspect it. Mr. Najar stated the Fire Marshall will do his part and plumbing will do their inspection. Planning & Zoning Commission 4 of 6 February 23, 2016 Minutes  Commissioner Eddie Carrillo asked if the Ordinance was supposed to include free space (distance restrictions) from restaurants. Mr. Najar stated that staff took that language out due to qualifications. Chair Brown stated we cannot customize an ordinance for a single business. Commissioner Shirley Childress asked about time restrictions. Mr. Najar stated we didn’t put any time restrictions on vendors as long as the property owner okays the amount of time, and vendors must clean up and leave daily. Madux Hobbs residing at 3944 Spring Loop spoke. He stated he owns Roswell Motor Supply, Cowboy Cafe, and Black Betty. Purchased the old Sonic, tore it down, and tried to do something different. It was a positive step at the time to use a rundown piece of property and turn it into something cool. I had designed to do a cool thing. My permanent sign is not permitted. I’m discouraged at how the City has handled that project on Main Street. Competition is good. All these rules are here to keep us all safe. We are just like a restaurant but on wheels. We have more obstacles than a restaurant. I already carry liability insurance and value my employees' safety. I want to make sure whatever we put in place can be maintained and overseen. Who’s going to enforce this after hours, like for guys who sell a cow out of the back of their truck? Do we have the manpower to enforce all this stuff? What is a food truck? It must be self- contained. I want to make a note of the power and water issue. The rule is to get permission to be on someone's property; I think the vendor should be able to work out lease agreement for power and water usage. I know when the Fair comes around, all those vendors would have to run generators and that would be something else to maintain. Mobile vending gives foodies a chance to be creative. We’ve had customers standing in line during sleet and hail. Regarding E (“Mobile vendors shall maintain the area in proximity to the cart in a neat, clean, and hazard free and nuisance free condition and shall dispose of trash off the site.”), if marked as daily removal, what if event lasts several days? Mr. Najar: That (the fair) would be considered a special event. As far as the power, there are food trucks that use property owner's power, that's okay. The City will allow property owners to permit vendors to fill up tanks on site, but the City will not allow water hookups. Sanitary sewer rates are based on effluent rate. A Food Court would be a different animal as it would require infrastructure. A Grease Trap is a considered permanent infrastructure, making the business no longer a mobile vendor. When a business starts installing infrastructure, then it’s treading a line between Planning & Zoning Commission 5 of 6 February 23, 2016 Minutes  being a fixed or mobile vendor. A Grease Trap is infrastructure. When a vendor has a grease trap, the vendor is no longer mobile. Mr. Najar: Staff will take these comments and come back with draft number two. Chair Brown: Whatever Ordinance we put into place, we intend to put into place something that is fair for everyone. 2. Finalized Planning & Zoning Commission 2016 Meeting Schedule – Attached (1 Page). Ms. Hildreth: The attached schedule is the schedule the Planning and Zoning Commission agreed to at their meeting in January. H. Public Comments None. I. Adjournment Chair Brown adjourned the meeting at 6:38 p.m. Planning & Zoning Commission 6 of 6 February 23, 2016 Minutes EXHIBIT A: Application for Case 16-03 VAR  EXHIBIT B: STAFF SUMMARY FOR CASE 16-03 VAR 855 SWINGING SPEAR ROAD Roswell Planning & Zoning Commission Tuesday, March 22, 2016 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street Application: Case 16-03 VAR Owner: Martin Testorff Agent: Martin Testorff Address: 855 Swinging Spear Road Legal Description: TIERRA BERRENDA 5 AMEND Block: 2 Lot: 6 S: 16 T: 10S R: 24E BK: 540 PG: 1132 WD Request: Variance for Side Yard and Rear Yard Setbacks and over forty percent coverage of Rear Yard Setback for Accessory Structure II. Site data: Site Area: 11136.0 square feet UPC: 4136058371400000000 Existing Land Use: Single Family Home Proposed Land Use: Single Family Home with 24X26 (624 square foot workshop approximately 16 feet high at the peak) Existing Zoning: R-1 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Single Family Home R-1 South Single Family Home R-1 East Single Family Home R-1 West Single Family Home R-1 Planning & Zoning, 16-01 Page 1 of 2 March 22, 2016 III. Intent of Petition: The applicant is requesting a Variance for Side Yard and Rear Yard Setbacks and over forty percent coverage of Rear Yard Setback for Accessory Structure. The original structure was partially destroyed by fire, smoke and water damage. The applicant installed a metal building to replace the original building. The City’s Zoning Ordinance 15-09 as amended July 9, 2015, Article 22: Building and Performance Standards; Section 4: Accessory Uses governs accessory structures, setbacks, and placement on property. Article 29: Non-Conforming Uses; Section 3. Restrictions; C. Restoration as a Result of Damage governs non- conforming uses. Due to the height of the structure, it should have been placed a minimum of 9 feet from side yard property line and a minimum of 4 feet from the rear yard property line. The rear yard setback maximum lot coverage by accessory structures is forty percent. The rear yard setback area is approximately 1,160 square feet and the 24X26 (624 square foot) accessory structure covers approximately fifty-four percent of the rear yard setback. A variance is required to legalize this new structure as a legal non- conforming use. IV. Findings of Fact (Conclusions of Law): 1. The Planning and Zoning Commission shall make a motion to approve or deny this application based on the Findings of Fact or introduced at the meeting. V. Staff Recommendation: Based on the findings of fact, and the regulations established in the Zoning Ordinance, Staff recommends approval of the variance from setbacks and over forty percent of the rear yard setback coverage for this accessory use structure. Planning & Zoning, 16-01 Page 2 of 2 March 22, 2016  EXHIBIT D Case 16-03 List of Property Owers Notified  EXHIBIT E: Chaves County Assessor's Map Identifying Properties within Notification Area EXHIBIT G: BUILDING PERMIT APPLICATION EXHIBIT H: CASE 16-03 SITE PLAN EXHIBIT A: Application for Case 16-04 VAR  EXHIBIT B: STAFF SUMMARY FOR CASE 16-04 VAR 1300 NORTH PENNSYLVANIA AVENUE Roswell Planning & Zoning Commission Tuesday, March 22, 2016 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street Application: Case 16-04 VAR Owner: Branka Barrett, Marta Kosturska, Jani Kosturska Agent: Branka Kosturska-Barrett Address: 1300 North Pennsylvania Avenue Legal Description: WEST SIDE SUBDIVISION Block: 60 Lot: 7 Quarter: NE S: 32 T: 10S R: 24E BK: 697 PG: 533 GIFT DEED JT Request: Variance to extend an accessory structure roof to extend into required Side Yard on a Corner Lot II. Site data: Site Area: 8000.0 square feet UPC: 4135061444060000000 Existing Land Use: Single Family Home Proposed Land Use: Single Family Home - same Existing Zoning: R-1 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Single Family Home R-1 South Single Family Home R-1 East Single Family Home R-1 West Single Family Home R-1 Planning & Zoning, 16-01 Page 1 of 2 March 22, 2016 III. Intent of Petition: Because of water damage to flooring in an accessory structure due to snow and rain, the applicant would like to extend a roof on an accessory structure. The required side yard setback on the street side of a corner lot in R-1 zoning district is fifteen (15) feet. The Applicant is requesting a Variance from the required Side Yard Setback in order to extend the roofline of an accessory structure approximately eight (8) feet toward the south property line parallel to 13th Street. The accessory structure is approximately 15 feet from the street side property line. The side property line is approximately twenty-two (22) feet from the street. There is enough room for cars to park on the drive pad between the accessory structure and the street. An open patio exists between the accessory structure and an internal fence. This internal fence is approximately eight (8) feet from the property line. The City’s Zoning Ordinance 15-09 as amended July 9, 2015, Article 22: Building and Performance Standards; Section 4: Accessory Uses governs accessory structures, setbacks, and placement on property. A variance is required to legalize this eight (8) foot roof extension in order for the applicant to apply for a building permit. IV. Findings of Fact (Conclusions of Law): 1. The Planning and Zoning Commission shall make a motion to approve or deny this application based on the Findings of Fact or introduced at the meeting. 2. This is a corner lot with approximately twenty-two feet from the street to the property line; rain and snow are trapped inside an internal court yard and flood the accessory structure; the roof extension would be attached to the internal fence to provide sufficient support for the roof extension; the structures on the lot have been built over the course of several decades; this roof extension is necessary to protect the property from water damage. V. Staff Recommendation: Based on the findings of fact, and the regulations established in the Zoning Ordinance, Staff recommends approval of the variance to allow an extension of the accessory structure roof to encroach approximately seven (7) feet into the street side yard setback on this corner lot. Planning & Zoning, 16-01 Page 2 of 2 March 22, 2016  EXHIBIT C: LETTER SENT VIA CERTIFIED MAIL ON MARCH 4, 2016 TO SURROUNDING PROPERTY OWNERS City of Roswell Planning & Zoning Office PO Box 1838 Roswell, NM 88202-1838 Telephone: (575)637-6294 Fax: (575) 624-6820 March 4, 2016 RE: PUBLIC HEARING NOTICE CASE 16-04: Application for a Zoning Variance This notice is being sent to you via certified mail because Chaves County Assessor information indicates you are a property owner of record within 100 feet of Planning and Zoning Case Number 16-04. The Applicant is requesting a Zoning Variance to allow an accessory structure porch roof to be extended into the required side yard setback. PROPERTY STREET ADDRESS: 1300 North Pennsylvania Avenue LEGAL DESCRIPTION: Subd: WEST SIDE Block: 60 Lot: 7 Quarter: NE S: 32 T: 10S R: 24 E BK: 697 PG: 533 GIFT DEED JT OWNER OF PROPERTY: Kosturska-Barrett ZONING DISTRICT: R-1 The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, March 23, 2016 at 6:00 p.m., in the Bassett Auditorium at the Roswell Museum and Art Center, located at 100 West 11th Street. You are entitled, although not obligated, to comment either in writing to our office or in person at the hearing. To be considered, written protests must be submitted to the Planning and Zoning Office no later than noon on the working day prior to the Planning and Zoning Commission meeting. Providing written input to the Planning and Zoning Office at least seven days prior to the hearing will allow your concerns to be addressed in the Staff Report. Written comments may be sent to: Current Planning Administrator, PO BOX 1838, Roswell, NM 88202- 1838 or m.hildreth@roswell-nm.gov. You are invited to inspect the information packet in detail at the Planning and Zoning Office located on the first floor of City Hall Annex at 415 North Richardson Avenue. The information packet will be available after 1:00 p.m., on Wednesday, March 16, 2016. Copies of the information packet may be obtained from the Planning and Zoning Office at a cost of 35 cents per sheet, or viewed online at www.roswell-nm.gov. The Zoning Ordinance is available online at: https://www.municode.com/library/nm/roswell/codes/code_of_ordinances Any person requiring special accommodations to attend or participate in this Public Hearing is asked to contact the City of Roswell Human Resources Department (575) 367-6242 at least 24 hours prior to the hearing. Please call 575.637.6294 with questions on this matter. Respectfully, Merideth Hildreth, M.A., AICP Current Planning Administrator (Area Map on Reverse Side) EXHIBIT D: LIST OF PROPERTY OWNERS NOTIFIED  EXHIBIT E Chaves County Assessor's Map Identifying Properties within Notification Area Pennsylvania Avenue 13th Street  EXHIBIT G Case 16-04 Photos Site Plan: Model Flooring damaged by snow melt Project Area 8 foot depth X 19 feet width View of Project Area from 13th Street: Interior Wall is approximately 30 feet from curb and gutter. Project roof will be approximately 8 feet from the street side yard property line.  ROSWELL NEW MEXICO Planning & Zoning Committee Tuesday, March 22, 2016 at 6:00 p.m. Roswell Museum and Art Center 199 W. 11th – Roswell, NM 88201 ACTION REQUESTED: Consideration of Recommending Approval for Modification of Article 9: R-3 Residential District, specifically, creating a new Conditional Use for Daycare facilities in the R-3 zoning district, and Article 26: Signs, specifically creating criteria for monument signage. BACKGROUND: Currently, daycare facilities in the R-3 zoning district are limited to a maximum of eleven children if approved by the Planning & Zoning Commission. City staff has determined that there may be some locations which might be able to accommodate a larger facility. The amendment would establish a list of conditions which would have to be met in order for a new facility to be approved. In addition, staff is proposing creating criteria for monument signs that would be constructed in residential district as part of Special Use or Conditional Use permit. FINANCIAL CONSIDERATION: There are no financial considerations with the proposed Zoning Code changes. LEGAL REVIEW: The City Attorney has reviewed this Resolution. BOARD AND/or COMMITTEE ACTION: This item is scheduled to be heard by the Legal Committee on March 24, 2016. STAFF RECOMMENDATION: Recommendation of Approval to the Roswell City Council ARTICLE 9: R-3 RESIDENTIAL DISTRICT Section 1. Purpose This district is intended for medium density residential uses provided through a variety of housing types and other non-residential uses that are compatible with the surrounding area and which uphold and maintain the medium density residential district. Multi-family dwellings in excess of 2 story structures are not permitted. A 6 foot screen fence shall be required along for religious assemblies, multiple family dwellings, assisted living homes, group homes, etc., and/or any Special Use (Section 2.B.),along all property lines abutting single-family residential dwellings. Section 2. Use Regulations A. Permitted Uses are as follows: 1. Any use permitted in the R-2 District 2. Churches, convents, monasteries, parish houses, rectories, seminaries, and other places of worship and those uses usually associated with them like child care services. 3. Multiple family dwellings with no more than 12 dwelling units per net acre for single story and 24 dwelling units per net acre for 2 story dwellings. 4. Home Occupations 5. Assisted living homes, group care homes, convalescent homes, and retirement centers (Occupancy load to be determined by the Building Inspector and Fire Marshall.) B. Special Uses are as follows: 1. Any special use in the R-2 District. 2. Parking lots as a principal use. 3. Bed and Breakfast - 3 units maximum including the operators dwelling unit. 4. Boarding homes, lodging homes, or hostels 5. Hospitals and sanitariums 6. Libraries 7. Museums and art galleries 8. Professional offices not to exceed 10,000 square feet in gross floor area, where an additional 5% landscaping shall be provided and side yard setbacks on interior lot lines shall be no less than 10 feet. 9. Recreation buildings and community centers 10. Schools; such as, music, dance, business, commercial, and trade 11. Animal control shelters/facilities/centers 12. Veterinary hospitals 13. Barbershops and beauty shops Day Care Centers – R-3 District Page 1 of 3 Draft 3/7/16 C. Conditional Uses are as follows: 1. Day care centers with twelve (12) or more children, subject to the following conditions of approval. A. The location is compliant with the provisions of 8.16.2.1, Social Services, NMAC, for daycare operations as administered by the Children, Youth and Families Department (CYFD). B. Shall not exceed 10,000 square feet in gross floor area, side yard setbacks on interior lot lines shall not be less than ten (10) feet. C. Signage built to the standards of Article 26.7. D. The location is accessed by a public road for use by police and fire vehicles. E. Adequate and safe egress and ingress is provided for child pick-up and drop-off. F. Adequate parking spaces are to be provided for all employees. ARTICLE 26: SIGNS: Section 7. Signs Allowed with a Special Use or Conditional Use Permit in Residential Districts 1. 3 wall signs (Per International Building Code Standards). 2. 1 on-premise free standing or monument, non-digital sign One (1) Monument sign built to the following criteria. A. Not to exceed thirty-five (35) square feet in total area and five feet (5') in height above the average grade of the nearest public right-of-way. (See Figure 7.1) B. Monument signs shall be built on a monument base. C. Monument signs shall use permanent materials matching the primary building material in color and finish. D. Signs may be single or double-faced. E. The thickness of the sign shall not exceed thirty inches (30"). F. Detached monument signs may be internally or externally illuminated. G. May not be constructed of wood or be a painted. H. An electronic message board sign shall not be allowed as part of the sign. Day Care Centers – R-3 District Page 2 of 3 Draft 3/7/16  Figure 7.1 Day Care Centers – R-3 District Page 3 of 3 Draft 3/7/16 ARTICLE IX. - TRANSIENT AND ITINERANT MERCHANTS AND ITINERANT VENDORS DIVISION 1. - IN GENERAL Sec. 7-106. - Definition. (a) For the purpose of this article, a transient merchant, itinerant merchant or itinerant vendor is defined as any person, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the city, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, public room in hotels, lodging houses, apartments, shops, or any street, alley, or other place within the city, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction; provided, that such definition shall not be construed to include any person who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer. (b) For purposes of this chapter, "temporary" shall refer to activities whose expected duration is less than 120 consecutive hours. Sec. 7-107. - Enforcement by police. Code enforcement and police officers of the city shall examine all places of business and persons subject to the provisions of this chapter to determine if this chapter has been complied with, and shall enforce the provisions of this chapter against any person found to be violating such provisions. Sec. 7-108. - City records, reports, etc. The police department shall attain the record of fingerprints of each licensee under this chapter, together with the license number. The chief of police shall report to the business licensing clerk any complaints against any person licensed under the provisions of this chapter and any convictions for a violation of this chapter. The business licensing clerk shall keep a record of all such licenses and of such complaints and violations. Sec. 7-109. - City's right to observe sales and inspect books. The business licensing clerk or his designee shall have the power and authority to enter any store, building or any other place in which any temporary business regulated by this chapter may be conducted at any time during business hours for ascertaining the amount of sales made and shall at all times have access to the books of such business. Sec. 7-110. - Noise. No licensee under this chapter, nor anyone in his behalf, shall shout, make an outcry, blow a horn, ring a bell or use any other sound device including any loud speaking radio or amplifying system upon any of the streets, alleys, parks or other public places of the city or upon any private premises in the city where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, avenues, alleys or parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell. Sec. 7-111. Itinerant Vendor Requirements: The City may grant yearly permits to itinerant mobile vendors to sell food and beverages or nonfood items, or both within the City limits. Itinerant vendors shall not be allowed in any area that may hinder the flow of vehicular or pedestrian traffic on public or private property, or block alleyways, fire zones, sidewalk, and other easements. Applicants for a vendor permit on private property will be required to comply with Sections 7-111 of this chapter and other requirements as may be prescribed by the City Council prior to the issuance of a permit by the City. (a) Itinerant vendors on public property. In addition to the requirements for permitting on private property, itinerant vendors wanting to operate on public property shall need the prior approval of the City Planning Manager. (b) Requirements for all itinerant vendor permit applications. Application Requirements for all itinerant vendors: Applications for permits shall include the following: 1. Name, address and phone number of the applicant. 2. Site plan showing proposed location of the vendor site. 3. Proof of food inspection certificate from the State Environment Department if appropriate. 4. Proposed days and hours of operation. 5. A state taxpayer identification number. 6. Proof of comprehensive general public liability and property damage insurance naming the City of Roswell as an additional insured and providing coverage in at least the maximum liability amounts specified in the New Mexico tort claims act New Mexico Statutes Annotated section 41-4-19. In the application, the applicant shall also indemnify and hold harmless the City of Roswell against all liability, harm or claims arising out of the permitted use.  7. Vendors shall have a valid business registration fee issued by the City. 8. Written permission from property owner to allow the use of the site. (c) Conditions of operation for non-food itinerant vendors. 1. Vendors shall have a valid vendor permit as shown in Section 7-111(b) above. 2. Vendors shall not obstruct traffic, create an impediment or hazard and shall adhere to other instructions as may be directed by the City Police Department or the Planning and Engineering Department. 3. Vendors shall locate any tents or vehicles as shown of the approved vendor permit. 4. All tents and temporary displays shall be secured properly so as to prevent becoming a wind-born hazard. 5. Vendors operating during night-time hours will need to demonstrate that there is adequate site lighting. 6. Vendors may have one (1) sign so long as it is properly secured so as to not become a wind-born hazard. (d) Conditions of operation for food itinerant vendors: 1. Vendors shall have a valid vendor permit as shown in Section 7-111(b) above. 2. Vendor vehicles and trailers shall pass an annual inspection by the City Fire Marshal prior to use. 3. Vendor vehicles and trailers using propane heating sources shall pass an annual inspection by the LP gas inspector with the New Mexico Regulation and Licensing Department, Construction Industries Division. 4. Vendors shall pass an inspection by the State Environment Department and receive a food inspection certificate prior to vending. 5. Vendor vehicles and trailers shall be fully independent concerning water, sewage and power, consistent with all State regulations. 6. Vendors shall maintain the area in proximity to the food cart in a neat, clean, and hazard free and nuisance free condition and shall dispose of trash off the site. 7. Vendors shall not obstruct traffic, create an impediment or hazard and shall adhere to other instructions as may be directed by the City Police Department or the Planning and Engineering Department. 8. Itinerant food vendors are not permitted to operate at any city park or facility where there is a concession stand operating at the same time. 9. Vendors may have one (1) sign so long as it is properly secured so as to not become a wind-born hazard. 10. Vendors shall remove all personal items from the site at the end of each day including tables, chairs, signs, trash bins, equipment, etc. (e) Noncompliance; right to revoke permit.  If, in the reasonable opinion of the city manager, a vendor is in violation of any of the conditions of this chapter or any other regulation or provision of law, the City of Roswell may revoke the permit, giving the vendor a minimum of twenty four (24) hours' notice of the revocation. Secs. 7-112—7-115. - Reserved.  INFORMATION FOR DISCUSSION PURPOSES TOPIC: MANUFACTURED HOUSING Presented to the City of Roswell, New Mexico Planning & Zoning Commission, March 22, 2016 - 6:00 p.m. BACKGROUND: Definitions of Mobile Home and Manufactured Home in the City’s Zoning Code should be updated to reflect current terminology. Clarification of Manufactured Housing in regards to zoning is needed. The age of Mobile Homes allowed to move into the City should be determined. Consideration of a Tiny House or Micro House is also a discussion topic. In July 2015, the Zoning Ordinance was amended in regards to Manufactured/Mobile homes on individual lots in designated areas on the official zoning map. New planning staff members are in place since the amendment and staff needs clarification and direction on this issue. Staff will provide additional information at the Planning & Zoning Meeting on March 22 regarding definitions. Pictures of new manufactured homes are attached with HUD (Housing and Urban Development) certification plates. MANUFACTURED HOMES – BUILT TO HUD STANDARDS – HUD CERTIFIED RED PLATE SINGLE WIDE MANUFACTURED HOME WITH HUD CERTIFICATION CONSTRUCTION MODEL OF MANUFACTURED HOME MULTI-SECTIONAL MANUFACTURED HOME WITH HUD CERTIFICATION