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Planning & Zoning Commission

Regular Meeting

Roswell, NM · April 26, 2016

AgendaMinutes

Minutes

Roswell Planning & Zoning Commission Minutes Tuesday, April 26, 2016 - 6:00 PM Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street Commission Chair: Ralph Brown Vice Chair: Riley Armstrong Commission Members: Shirley Childress, Toby Gross, David Storey Planning Staff: Merideth Hildreth, AICP William Morris, AICP, CZO Louis Najar, PE A. CALL TO ORDER AND WELCOME – Chair Ralph Brown A regular meeting of the Planning & Zoning Commission was called to order at approximately 6:00 p.m. by Chair Brown with the following members present: B. Roll-Call Ralph Brown (Chair) PRESENT Riley Armstrong (Vice Chair) PRESENT Toby Gross PRESENT Shirley Childress PRESENT David Storey PRESENT Chair Brown: We have a quorum Staff Members Present: Merideth Hildreth, AICP, Current Planning Administrator; and William Morris, AICP, CZO, Planning Manager. C. Swearing In: Chair Brown swore in staff and members of the audience. D. Approval of the Agenda Motion to Approve the Agenda by Commissioner Gross Second by Commissioner Armstrong The motion passed 5 to 0 E. Minutes: Consider approval of the March 22, 2016 minutes Motion to Approve the March 22, 2016 Minutes as Written by Commissioner Gross Second by Commissioner Childress The motion passed 5 to 0 Planning & Zoning Commission Page 1 of 6 April 26, 2016 Minutes F. Public Hearing Items 1. RETRACTION OF 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 Attached: (A) Timeline & Recommendations; (B) Electrical Permit; (C) Photos; (D) Aerial; (E) Area Map. Mr. Morris: This was a variance submitted for the last meeting. The Commission tabled the case and did not render a decision. Planning staff has been going through files and a building permit application for this project to build a workshop appeared. The applicant did submit an application, but a building permit was never issued to a contractor or the applicant. An electrical permit was issued in April 2015. The Zoning Code changed on July 9, 2015. Here we have a gentleman who was in compliance with zoning at the time of construction. We do still have an issue with construction of a building by the contractor without a permit. We would like to retract this case formally. We are directing this case be handed to the building department. The City’s building official, Miller Butts, has the ability to charge double for the building permit. Commissioner Gross made a motion to approve the retraction of Zoning Case 16-03 for a Variance based on findings of the fact and testimony given both past and present. Second by Commissioner Armstrong The motion passed 5 to 0 2. PROPOSED TEXT AMENDMENT to the City of Roswell Zoning Ordinance; Consideration of Recommending Approval for Modification of ARTICLE 22: BUILDING AND PERFORMANCE STANDARDS Section 7: Off-Street Parking and Loading Requirements that would add striping and a maintenance section to existing text. Mr. Morris: Many commercial properties have not been maintained, including parking lots. Section 7 of Article 22 of the City’s Zoning Ordinance shows how to build parking lots, but maintenance is not addressed. We are proposing to add language to address maintenance of parking lots. (Staff’s Proposed Amendments to text below are underscored.) Planning & Zoning Commission Page 2 of 6 April 26, 2016 Minutes Section 7. Off-Street Parking and Loading Requirements I. Construction and maintenance of Off-street Parking and Loading Zones. 1. Construction: All parking and loading zones shall be constructed with either 4 inches of base course and 2 inches of asphalt or a minimum of 6 inches of concrete. A. Each parking space shall be a minimum of 9’ x 18’ with circulation drives of adequate width to make each stall accessible. B. Each Loading Zone shall be a minimum of 12’ x 35’ with a minimum height clearance of 15 feet and it shall not reduce the number of required parking spaces. C. All spaces shall be appropriately striped, including all handicapped access spaces. 2. Maintenance: All previously paved parking and loading areas shall be maintained at all times to be functional and free from trip hazards. Paved areas shall: A. Have no potholes, major cracking, or other types of hazards, and B. Be properly striped; and, C. Properties where funding to perform the upgrades may not be available, shall prepare a parking plan and timeline for completion which will be submitted to the City for the City’s review and approval. Mr. Morris: We are looking at this, even the paved parking lots. One parking lot had a hole so large that someone could have lost a truck tire in it. It took six months before the property owner fixed the pothole. Mr. Morris: A code rewrite group has been meeting regularly. This group proposes that this text amendment be heard first by the Planning and Zoning Commission this evening, then by the Legal Committee on Thursday, and then by the City Council for consideration of advertising a public hearing. We see numerous properties with parking lots that are built, but not maintained after built. The City believes it needs to keep up its properties, too. Commissioner Storey: Where is the enforcement? Planning & Zoning Commission Page 3 of 6 April 26, 2016 Minutes Mr. Morris: Code Enforcement will enforce the code. As we go through the ordinances and propose text amendments, we know the City is going to have increase its code enforcement presence. Commissioner Storey: The issue I see is how to define “major cracking.” Mr. Morris: That's a good point. I understand that there will be repair jobs. If you can put a pen in it, water gets to the base. Striping hasn't been maintained, and underlying asphalt is falling apart in some parking lots. We are also looking at the International Property Maintenance Code. We need something on the books. Commissioner Gross: What is the enforcement penalty? Mr. Morris: It’s a petty misdemeanor. Cases will go before Municipal Court. Commissioner Armstrong made a motion to approve submitting text amendments to ARTICLE 22: BUILDING AND PERFORMANCE STANDARDS Section 7: Off-Street Parking and Loading Requirements to the Legal Committee and City Council. Second by Commissioner Storey The motion passed 5 to 0. 3. PROPOSED TEXT AMENDMENT to the City of Roswell Zoning Ordinance; Consideration of Recommending Approval for Modification of ARTICLE 17: C-4 COMMERCIAL BUSINESS DISTRICT Section 8: Sanitation Dumpsters, Grease Bin, and Enclosure Requirements specifying new requirements. Mr. Morris: This is a recommendation that started before I started working for the City. This proposed text amendment was initiated by Solid Waste and went to the Code group. Dumpsters are sitting out on curbs or behind buildings. Many are tipped over and don’t look the best. Recently, newer restaurants have built dedicated dumpster sites. Solid Waste Departments wants to standardize the development of dumpster areas and allow for placement of dumpsters without opening gates and blocking alleys. You will see more graphics in our code sections such as these. This proposed text amendment include three graphics. Figure 12.22.1 is a top view. The next page has a front look – a masonry structure using the same colors and materials as the building. The third figure is about the bollard detail. Planning & Zoning Commission Page 4 of 6 April 26, 2016 Minutes The only place these are specified in the current code is in the C-4 Section on West Second Street. These properties are still required to have grease traps and trash bins in alleys. Any time there is wind, the tops fly off trash bins and trash is all over. Commissioner Armstrong: Is this for all new construction? Mr. Morris: Yes, for new construction, not retroactive unless a property goes through major reconstruction. Commissioner Storey: Some properties don't have a rear property line. Mr. Morris: What I need to do is add another line – to the best extent possible. Commissioner Storey: What happens when the doors swing out into the alley and block the alley? What about Country Market where the setback is not 15 feet? There is no rear line at Mall. The code needs to allow for some flexibility. Mr. Morris: We will include language in the code to allow flexibility for site specific standards. I see your point. This is intended for alleys. Commissioner Storey: I think you will see more developments without alleys. Commissioner Gross: The city sanitation doesn’t have an issued with having to open and close gates? Mr. Morris: this came out of Sanitation. Commissioner Storey: You’d have to have one guy be gate opener and closer. Discussion of Rib Crib – enclosed all around. Commissioner Armstrong: I would like to see the changes in again in writing. Mr. Morris: We will bring it back next month. Commissioner Armstrong made a motion to Table the Proposed Text Amendment for ARTICLE 17: C-4 COMMERCIAL BUSINESS DISTRICT Section 8: Sanitation Dumpsters, Grease Bin, and Enclosure Requirements allowing the City to rewrite as discussed for flexibility of site development. Second by Commissioner Gross The motion passed 5 to 0. Planning & Zoning Commission Page 5 of 6 April 26, 2016 Minutes G. Other Business Commissioner Storey: When is the City anticipating filling the two vacant seats on the Planning and Zoning Commission? Mr. Morris: At the next council meeting. H. Public Comments None I. Adjourn The meeting adjourned at 6:30 p.m. Planning & Zoning Commission Page 6 of 6 April 26, 2016 Minutes

Agenda

Roswell Planning & Zoning Commission Agenda Tuesday, April 26, 2016 at 6:00 PM Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street, Roswell NM Planning Commission Chair: Ralph Brown Vice Chair: Riley Armstrong, Planning Commission Members: Toby Gross, Shirley Childress, 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 March 22, 2016 minutes. F. Public Hearing Items 1. RETRACTION OF 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 Attached: (A) Timeline & Recommendations; (B) Electrical Permit; (C) Photos; (D) Aerial; (E) Area Map. 2. PROPOSED TEXT AMENDMENT to the City of Roswell Zoning Ordinance; Consideration of Recommending Approval for Modification of ARTICLE 22: BUILDING AND PERFORMANCE STANDARDS Section 7: Off-Street Parking and Loading Requirements that would add striping and a maintenance section to existing text. 3. PROPOSED TEXT AMENDMENT to the City of Roswell Zoning Ordinance; Consideration of Recommending Approval for Modification of ARTICLE 17: C-4 COMMERCIAL BUSINESS DISTRICT Section 8: Sanitation Dumpsters, Grease Bin, and Enclosure Requirements specifying new requirements. G. Other Business 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: April 22, 2016 Planning & Zoning Commission Agenda Meeting on April 26, 2016 1 Roswell Planning & Zoning Commission Minutes Tuesday, March 22, 2016 - 6:00 PM Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street Commission Chair: Ralph Brown Vice Chair: Riley Armstrong Secretary: Eddie Carrillo Commission Members: Shirley Childress, Toby Gross, Bruce Gwartney, David Storey Planning Staff: Merideth Hildreth, AICP William Morris, AICP, CZO Louis Najar, PE A. CALL TO ORDER AND WELCOME – Chair Ralph Brown A regular meeting of the Planning & Zoning Commission was called to order at approximately 6:01 p.m. by Chair Brown with the following members present: B. Roll-Call Ralph Brown (Chair) PRESENT Riley Armstrong (Vice Chair) ABSENT Eddie Carrillo (Secretary) ABSENT Toby Gross PRESENT Shirley Childress PRESENT Bruce Gwartney PRESENT David Storey PRESENT Staff Members Present: Merideth Hildreth, AICP, Current Planning Administrator; William Morris, AICP, CZO, Planning Manager; 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 Made by Commissioner Storey. Second by – Commissioner Childress. The motion passed 5 to 0. Planning & Zoning Commission Page 1 of 8 March 22, 2016 Minutes E. Minutes: Consider approval of the February 23, 2016 minutes Motion to Approve the February 23, 2016 Minutes Made by Commissioner Storey. Second by Commissioner Childress. The motion passed 5 – 0. 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. Mr. Morris: In packet, staff had approval, but after further review, staff recommends denial. Chair Brown: Anyone wishing to speak in favor of Approval of the application. Martin Testorff residing at 855 Swinging Spear Road: My shop burned down October 9, 2015. In January 2015, I applied for a permit. In February, I called again regarding my permit. I talked to my contractor, he said we were good to go. I was given a limited amount of time to use insurance money. It did not change foot print of structure approved in 1995, built the replacement structure taller. My contractor pulled electrical permit, insulated building, spent $31,000 on the project. I was surprised to get a call 8 months later that I was denied. Commissioner Gwartney: Asked about the permit. Mr. Testorff: The agreement with my contractor was for him to pull the permit. I was out of town. He pulled the electrical permit, and I assumed that when the Electrical Inspector came to inspect it, I thought I was on the right path. Commissioner Gross: A lot of times at P&Z we see structure done and built and we see an issue. Mr. Testorff: The only inspections I had was the Electrical Inspector and Insurance Inspector checking on progress. Commissioner Gross: Our only question was were you properly permitted, or to go back on contractor's mistake – which was yours. That's what we are looking at. Planning & Zoning Commission Page 2 of 8 March 22, 2016 Minutes Mr. Morris: One other issued we have identified is that the structure may be encroaching in the alley by about a foot. Melvin Elcott – residing at 861 Swinging Spear. The morning of the fire, I was in the kitchen about 4:30 in the morning. I saw his existing structure fully involved. It had already vented itself and opened up the roof. As a retired fire fighter I saw it as a total loss. I have no objections. I like the workshop and am envious, would like to have a nice structure like it. Chair Brown: Anyone Against 16-03? Mr. Morris: I would say with this was a non-conforming structure, now out of conformance with code adopted in July. I know there is no building permit issued. There is an encroachment into a platted alley and takes up much of the rear yard setback. For these reasons, I recommend to deny. Mr. Testorff: January 16, 2015, I applied for Building Permit. I keep the area between the building and alley spotless and weeded. Chair Brown: If appeal is filed, required to be submitted in writing by noon on Thursday to the City Clerk. Commissioner Gross: If you are asking for permission after the fact, to be in compliance, we would have to go back to a building permit of some sort. Compassionately I understand your dilemma. Chair Brown: The contractor would have pushed to get building permit. Mr. Testorff: I called 3 times. Chair Brown: One thing that troubles me is that the applicant went through the process to apply for a building permit. Mr. Morris: Can I ask the applicant of the Timeline. Mr. Testorff: I filled out application on January 16, 2015. I got sent off by American Airlines for a month to school. Commissioner Gross: Louis, what is your take? Mr. Najar: He built building, pushed the fence out. He does have a nice building, fence is protruding into right of way. The power lines with 17 foot structure doesn't look like it has adequate clearance. Planning & Zoning Commission Page 3 of 8 March 22, 2016 Minutes He would need to come up with a remedy to right-of-way encroachment and drainage from roof line. Not as clean as he said. I would like to know if his run off goes into neighbor's yard to west. Commissioner Storey: I recommend tabling this case to the next meeting for remedy to encroachment, and run-off, and power line clearance – would like to possibly table this one and let this gentleman prove he has a viable solution, and notify CID that a contractor did build without a permit, and recommend a double fine. Commissioner Gross: I think he needs to reapply for building permit, and ask for permission for what he has done. Xcel Energy is a big one. David Storey: I don't disagree with that. Mr. Testorff: I assumed it was turned in on January 16, 2015, why was it not denied by Merideth until January 29, 2016. Mr. Najar: The City didn't have the setbacks until July 2015. Chair Brown: Bill, would you be willing to look at this? Commissioner Gross: I would like you to write this down. Commissioner Story: Made a motion to table Case 16-03 requesting a Variance and how the owner and agent work with City Staff to look at remedies. Second by Commissioner Gross. The motion passed 5 to 0. 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. Chair Brown: Anyone in favor of approving Case 16-04? Branka Barrett – residing at 1300 North Pennsylvania. I made this little model to show the roof extension over a patior. I like to design and make things look beautiful. We had much rain and snow the last two years that destroyed the floors and walls that we tried to make beautiful. I came up with Planning & Zoning Commission Page 4 of 8 March 22, 2016 Minutes an idea to make a cover either this way or this way. I am planning to do a beautiful gate and wall. Commissioner Storey: You would like to cover the patio? Mr. Najar: I met with the lady on site. She would like to do wrought iron supports and make an awning for the porch and match existing décor. Chair Brown: Anyone else wishing to speak in favor of 16-04. Mr. Morris: What she is proposing is consistent with the character of the area. Chair Brown: Any one against 16-04? Chair Brown: Commission, is there discussion? Commissioner Childress: Made a motion to approve a variance for Case 16- 04 with findings of fact as presented and staff recommendation. Second by Commissioner Gwartney. The motion passed 5 to 0. 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.) Mr. Morris: There is an interest to allow daycares in R-3 above 12 children. Up to 5 for children are allowed for a Minor Home Occupation and 6 to 12 children are allowed for a Major Home Occupation. Just to let you know, we have a code writing committee looking at creating a Unified Development Code. We are looking at making Day Care Centers in R-3 as a Conditional Use. This acknowledges this as a commercial use in a residential area. Ingress and Egress for drop-off and pick up, parking for employees on site will have to be provided. Our code now allows a 35-foot tall sign in the residential district with a Special Use permit. We would like to change the code to specify a sign that fits with residential area for conditional or special use permit. Signs would meet the six criteria listed above. Chair Brown: Bill, would we be making a recommendation to City Council? Mr Morris: Yes, the recommendation would go to our Legal Committee first. Planning & Zoning Commission Page 5 of 8 March 22, 2016 Minutes Chair Brown: Riley Armstrong and myself are on this code writing committee. There has been input from Riley and myself. Planning and Zoning Commission has two seats on this group. Mr. Morris: The Code Writing Committee is comprised of 2 members of Council, 2 members of Planning and Zoning Commission, and 5 staff. Commissioner Storey: Do you need to take into account parking, including temporary parking when parents pick up and drop off children? Mr. Morris: You are right, we will come up with another way to phrase that. Commissioner Storey: Would signs be allowed in right-of-way? Mr. Morris: No, signs will be required to meet sign setback criteria. Chair Brown: Could we make a motion to include drop-off and pick up location criteria? Mr. Morris: Yes. Commissioner Storey: Made a motion to forward the Proposed Text Amendment on to City Council with changes for positive approval to approve the Proposed Text Amendment. Second by Commissioner Childress. The motion passed 5 to 0. G. Other Business 1. Presentation of second draft mobile vendor ordinance: Transient & Itinerant Merchants and Itinerant Vendors (Attachment – 4 Pages.) Mr. Morris: Staff requests to look at all vendors, not just food vendors. Before you had a draft ordinance for “food vendor.” Now you have in front of you a draft ordinance for “itenerant vendors.” Mr. Morris pointed out changes to Sections nine and ten. The one section above is for non-food vendors who need a vendor permit like anyone else. Must set up as shown on permit. Tents and temporary displays must be secure and have adequate night lighting if set up at night. This is a non-action item and is still evolving. Commissioner Gross; Had a question about 120 consecutive hours. It doesn't look like temporary. Could set up all week. I think what we were trying to do is make temporary as temporary. Planning & Zoning Commission Page 6 of 8 March 22, 2016 Minutes Commissioner Storey: Section B. 10. Itenerant Vendors – must move belongings from site every day. How does that work with the 120 consecutive hours? I have a problem with police department obtaining finger prints. Mr. Morris: We will look at this. I am not thrilled with the first part from the original text. We are looking at conditions to keep all vendors safe. Mr. Najar: I think 120 hours is for fireworks vendors. Mr. Morris: What if Sears wants to have a sale in their parking lot – then it is special outdoor sales for them. Commissioner Gross: If that property is in C-2, he should be compliant in C-2 – if he wants to put sign or chair or table on property. Mr. Morris: This came from the Building Official. Commissioner Gross: Don't have to be ADA compliant – how do you address the guy who owns a piece of dirt and has a trailer? He has to be compliant for the property and the trailer. Chair Brown: As soon as open chairs and tables, it is open it to public. If placed on a sidewalk, it becomes a trip hazard and code enforcement issue. Mr. Najar: Let us go back and research some more. If a mobile vendor is located at a park, the vendor would get a mobile vendor permit for the day as long as the vendor is not set up at a park with concession. 2. Presentation of information on manufactured homes and terminology for discussion purposes. (Attachment – 2 Pages.) Ms. Hildreth presented information about manufactured homes and that the Code’s language and definitions need updating. Mr. Morris: When we adopted amendments in July 2015, double-wides are manufactured home and are built to HUD standards and have a plate. New Mexico states that manufactured homes are not to be treated any differently. We now have single-wide manufactured, double wide, and mobile homes (built before 1974). Chair Brown: Thank you for laying the ground work. Chair Brown: Are we changing the format to the Packets? If you would look at previous format. If format is changed, let us know. Planning & Zoning Commission Page 7 of 8 March 22, 2016 Minutes Mr. Morris: We will look at previous format. H. Public Comments I am Mary Dixon. I purchased a 1962 Mobile Home and my goal is to completely renovate and bring it up to code. It will all be done through electrical and gas contractor. I have spoken to Betty Blanton, When I contacted staff, told anything older than 1974, was not allowed in city limits. I came tonight to be sure that I can site the home in the City. Betty will not give a qualified inspection for something that doesn't meet code. Mr. Morris: Two tests here. Has to be upgraded by licensed contractors. Make sure Betty is happy and can certify that it is up to standards. Staff can help you locate an appropriate zoning location. Ms. Dixon: It is sitting in Chaves County. I don't know if I need building permits from City, or just placement permit, Mr. Najar: When renovated, will it get the HUD sticker? Ms. Hildreth: No, because it was built prior to 1974, it can't be approved by HUD for HUD certification Mr. Morris: It will be considered a Mobile Home Restoration. Chair Brown: I see we have a term expired by Eddie Carrillo, David Storey is close. Mr. Carillo will be termed out at the end of this month. Mr Morris: The three that are eligible need to turn in applications. The Council will take them into consideration. I. Adjourn The meeting adjourned at 7:18 p.m. Planning & Zoning Commission Page 8 of 8 March 22, 2016 Minutes EXHIBIT A: CASE 16-03 TIMELINE CITY OF ROSWELL PLANNING & ZONING DEPARTMENT Planning & Zoning Office PO Box 1838 Roswell, NM 88202-1838 Telephone: (575) 637-6294 Fax: (575) 624-6820 For Presentation at April 26, 2016 Planning & Zoning Commission Meeting TIMELINE FOR CASE 16-03: A Request for a Setback Variance, Lot 6, Block 2 of Tierra Berrenda 5 Amend Subdivision, known as 855 Swinging Spear Road, Testorff/Owner 10.10.2014 Unattached garage caught fire. According to the Fire Department, approximately 65% of the building was damaged. 1.16.2015 Martin Testorff signed and dated a completed Building Permit Application for the workshop. Building permit application was dated 1/16/2015. 4.7.2015 Elite Electric submitted application for Electrical Permit for the Workshop, permit issued on the same day. Electrical permit was a new service (new meter, new panel, and new auxiliary plug). City Electrical Inspector conducted inspection on same day. 7.9.2015 Zoning Ordinance amended previous ordinance which did not specify side yard setbacks for accessory structures, nor greater setbacks for accessory structures over twelve feet in height. At the time the building was built, it was in compliance with the Zoning Ordinance at the time of construction. However, no building permit was on file. 2.9.2016: Discussion of Building Permit Application for Workshop that had already been built. (Merideth and Bill) 2.9.2016: Zoning Administrator Merideth Hildreth denied building permit application based on setbacks – variance required. City Building Inspector Miller Butts called the Contractor Mr. Mascerenas to tell him there was a problem with the permit. Mr. Mascerenas contacted Mr. Testorff. 2.16.2016 Mr. Testorff visited Planning & Zoning Office and filled out Variance Request Application and paid fee. 1 EXHIBIT B: CASE 16-03 TIMELINE 3.22.2016 Case 2016-03 (VAR) Planning & Zoning Commission Hearing. Commission voted to table the case until the meeting in April. 3.25.2016 Reverification of earlier information before variance was filed. According to the Building Department: The only permits issued for 855 Swinging Spear since 2005 were: 1) 2005 Re-Roof 2) April 2015 Electrical Permit by Elite Electric for 100 Amp Service 3.25.2016 According to discussion with Contractor Rocky Mascerenas, Mr. Testorff filled out building permit application around Dec 2014. Rocky installed the building in February 2015, where the original building had been on the on the original slab. Conclusion: A building permit was never issued by the City for the original building permit application dated January 16, 2015. An electrical permit was issued on April 7, 2015 for the completed building. The accessory building met the City’s Zoning Ordinance adopted at the time of construction. Upon closer review, the required rear yard setback is approximately 1,166 square feet in area. The accessory structure covers approximately 408 square feet or approximately 35 percent of the rear yard setback. Mr. Testorff indicated that he replaced the fence along the alley in 2011 in the same location as the original fence. He stated he did not relocate the fence during construction of the accessory building. Recommendations: Staff recommends dismissal of Zoning Case 16-03 and the application be released to the City’s Building Department for review. 2 EXHIBIT B: CASE 16-03 ELECTRICAL PERMIT EXHIBIT C: 855 SWINGING SPEAR PHOTOS Found one original metal stake outside the gate. When I rebuilt/replaced the old wood falling down fence in 2011, I used the same post holes and stayed inside the stakes I found. Xcel Energy has no issues because my poll is on the same side of the alley, and the power wire is now 4 foot higher than it was on my original shop. My fence starts after the curve in the road when heading east. The front yard picture is pointing west the back fence is pointing east. I'm careful to not put items between the building and alley and especially between the building and neighbor’s fence. Roof slopes north to south - towards alley and my yard. EXHIBIT D: Case 16-03 Aerial 855 Swinging Spear Road EXHIBIT E: Case 16-03 Area Map of 855 Swinging Spear Showing Street and Alley Configurations Roswell Planning & Zoning Commission Tuesday, April 26, 2016 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street Roswell, NM 88201 I. Item Summary: Discussion of proposed Commercial Property Parking Areas amendments. II. Agenda Item Summary: The issue is two-part concerning the required paving of commercial off-street parking and loading zones. The following section from the Zoning Code states: Section 7. Off-Street Parking and Loading Requirements I. Construction and maintenance of Off-street Parking and Loading Zones. All parking and Loading Zones shall be constructed with either 4 inches of base course and 2 inches of asphalt or a minimum of 6 inches of concrete. 1. Each parking space shall be a minimum of 9’ x 18’ with circulation drives of adequate width to make each stall accessible. 2. Each Loading Zone shall be a minimum of 12’ x 35’ with a minimum height clearance of 15 feet and it shall not reduce the number of required parking spaces. III. Proposed Amendments: Staff is proposing the following amendments that would add a maintenance section to the existing text shown above. I. Construction and maintenance of Off-street Parking and Loading Zones. 1. Construction: All parking and loading zones shall be constructed with either 4 inches of base course and 2 inches of asphalt or a minimum of 6 inches of concrete. A. Each parking space shall be a minimum of 9’ x 18’ with circulation drives of adequate width to make each stall accessible. Planning & Zoning, Comm. Parking Page 1 of 2 April 26, 2016 B. Each Loading Zone shall be a minimum of 12’ x 35’ with a minimum height clearance of 15 feet and it shall not reduce the number of required parking spaces. C. All spaces shall be appropriately striped, including all handicapped access spaces. 2. Maintenance: All previously paved parking and loading areas shall be maintained at all times to be functional and free from trip hazards. Paved areas shall: A. Have no potholes, major cracking, or other types of hazards, and B. Be properly striped; and, C. Properties where funding to perform the upgrades may not be available, shall prepare a parking plan and timeline for completion which will be submitted to the City for the City’s review and approval. Planning & Zoning, Comm. Parking Page 2 of 2 April 26, 2016 Roswell Planning & Zoning Commission Tuesday, April 26, 2016 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street Roswell, NM 88201 I. Item Summary: Discussion of proposed Dumpster Enclosure amendments. II. Agenda Item Summary: The following section from the C-4 Zoning Code states: Section 8. Sanitation Dumpsters, Grease Bin, and 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. The issue is that it is only in the C-4 district that has to build dumpsters as described. Staff believes that this should be applicable to development in all commercial districts. III. Proposed Amendments: Staff is proposing the following amendments to require all new commercial properties build dumpster to the following standards. Planning & Zoning, Dumpsters Page 1 of 5 April 26, 2016 Article 22 Building and Performance Standards Section 12. Dumpsters and Grease Bins (New Section) A. All sanitation dumpsters and grease bins in all commercial districts shall be constructed as shown below. B. All sanitation dumpsters shall be enclosed on three sides with walls no less than six feet (6’) in height constructed with consistent masonry building materials used on 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. Dumpsters shall include a pedestrian access isle with a minimum width of three feet (3’). 5. 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 X 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. Planning & Zoning, Dumpsters Page 2 of 5 April 26, 2016 C. 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 six feet (6’) in height and allow for dimensions to accommodate the size of the grease bin and required bollards with connective railing. 3. Grease bin enclosures shall have floor drains installed which drain into an approved grease receptor as listed in City Code and approved by Staff. D. The City Engineer shall have final approval of all dumpster and grease bin locations and layouts. Figure 12.22.1, Top View Planning & Zoning, Dumpsters Page 3 of 5 April 26, 2016 Figure 12.22.2, Dumpster Front Detail Figure 12.22.3, Bollard Detail Also: C-4 District Section 8. Sanitation Dumpsters, Grease Bin, and Enclosure Requirements A. All commercial properties in the C-4 District will have their sanitation and/or grease removed from the alley. A. All commercial properties in the C-4 District shall have their dumpsters and grease bins located in the alleyways, where all removal of rubbish and grease shall also occur. In addition, dumpsters shall not be placed so to impede access thru alleys to the extent possible. B. All new dumpsters and grease bins in the C-4 District shall be constructed as shown in Article 22, Section 7. 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 Planning & Zoning, Dumpsters Page 4 of 5 April 26, 2016 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. Planning & Zoning, Dumpsters Page 5 of 5 April 26, 2016

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