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Planning & Zoning Commission

Regular Meeting

Roswell, NM · June 28, 2016

AgendaMinutes

Minutes

Roswell Planning & Zoning Commission Minutes Tuesday, June 28, 2016 - 6:00 PM Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street Chair: Ralph Brown, Vice Chair: Riley Armstrong Members: Shirley Childress, Toby Gross, David Storey, Kent Taylor, Jessie McDaniel 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 Kent Taylor PRESENT Jesse McDaniel PRESENT 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 Childress. The motion passed by a vote of seven to zero. E. MINUTES: Consider approval of the May 24, 2016 minutes. MOTION to Approve the May 24, 2016 Minutes by Commissioner Gross. Second by Commissioner Armstrong. The motion passed by a vote of seven to zero. Planning & Zoning Commission Page 1 of 5 June 28, 2016 Minutes F. PUBLIC HEARING ITEMS: 1. CASE 16-06 (VAR): A Request for Zone Change from R-3 to R-4, Lots 1 & 2, 13 through 18 of McDUELL-BROWN SUBDIVISION, known as 3213, 3215, 3217 and three lots north of 3217 and two lots north of 3218 North Richardson Avenue, J&J Campbell Real Estate, Inc/Owner. Motion to Waive the Reading of the Finding of Facts with Respect to Case 16-06 by Commissioner Armstrong. Second by Commissioner Childress. The motion passed by a vote of seven to zero. Commissioner Armstrong asked to recuse himself from Case 16-06. Chair Brown: Is there anyone wishing to speak in favor of 16-06? Todd Wagener with Wagener Surveying and Engineering, the surveyor and engineer for the project spoke: Addressed the Commission about all three Cases to be presented since they concerned the same properties. When FEMA changed the designation of the flood zone, it stopped development altogether. We did some of these same units on Sherrill Lane. By changing to R-4, the developer can build the attached units back farther from street and on smaller lots. Otherwise, development will not be able to occur. In order to develop these lots, the new homes must be built toward the back of the lots, and the floors will have to be raised about three feet off the ground, due to the flood zone designation. The garage can be at a lower grade with a step into the house. A stem wall of two to two and one-half feet will be raised above the foundation and the rest of the structures will be stucco. On the west side of lot 1, the variance request is to allow construction of two to two and one-half feet into the side yard setback. Otherwise the developer will have to reduce the floor plan bedroom size too much on that corner lot. There won't be any problem with clear site triangle because they will landscape to the property line instead of creating a fence on the north property line. The flood zone re-designation changed everything because a developer can’t add the required fill to the lots and include a garage without setting the house toward the rear of the lots. Commissioner Storey: Is the setback variance request on the Berrendo side? Mr. Wagener: It is on the Berrendo side. If there were no re-plat dedicating a ten- foot Right-of-Way on Berrendo, there would be no request for a variance. Without the variance, we will not be able to build the three units. Commissioner Storey: Does the owner know that Berrendo is in the works to be widened? Mr. Wagener: The garage will be as far away from the property line parallel with Berrendo as you can get – roughly thirty feet. Planning & Zoning Commission Page 2 of 5 June 28, 2016 Minutes Commissioner Storey: I am in favor of this development. Commissioner Gross: We are hearing about all three cases. Mr. Morris: Looking at the zoning map, the zones step up or down. Mr. Storey is correct that Berrendo is going to be expanded and will carry more traffic. Chair Brown: Is there anyone wishing to speak against Case 16-06? Dixie D. Edwards (3214 North Richardson): We had a couple of concerns. We are excited about having the subdivision built out. If Mr. Campbell decides not to finish the project, and sells it, where will it stand? We don't quite understand the rezoning. If they build up the lots on the north, what are our assurances that we will not be flooded? Mr. Morris: The rezoning for R-4 will stand. That’s the only type of residential unit that would work on these lots. Mr. Wagener: Mr. Campbell will begin with the six units on the east side. They will take four to six months to build. He will then begin the other six units. This is the only type of development that can happen. A big apartment complex will not fit because of the flood plain issue. The City and I believe it should not have been included in the flood zone, but FEMA found an elevation someplace and determined the flood elevation at a certain point on the map. Water would have to come back over the inlet in the Berrendo. These lots will not affect flow. It would be the same impact with or without building. Commissioner Taylor commented about the differences in the required minimum lot size in the R-3 and R-4 zones. Mr. Wagener: R-4 allows multiple common walls, and there is a difference between R-3 with minimum lot size of 4,000 square feet and R-4 with a minimum lot size of 3,000 square feet. Dirk Decker (3216 North Richardson): During heavy rains, the flow on Richardson is from south to north. I think this project will exacerbate the amount of water due to increased elevations and paved surfaces. Had a question about sidewalks. Mr. Wagener: The sidewalk will be ADA built on Berrendo. Chairman Brown: Any appeals will need to be filed with Planning & Zoning prior to noon on the second business day following the hearing. Planning & Zoning Commission Page 3 of 5 June 28, 2016 Minutes MOTION Commissioner Gross made a motion to approve Case 16-06 based on finding of facts, testimony provided, and provisions of law. Second by Commissioner Childress. The motion passed by a vote of six to zero. Commissioner Armstrong recused. 2. CASE 16-07: A Request for Variance of a Street Side Yard Setback, Lot 1 (Lot 1A on proposed replat) of McDUELL-BROWN SUBDIVISION, located on the Southwest Corner of North Richardson Avenue and West Berrendo Road, J&J Campbell Real Estate, Inc/Owner. Motion to Waive the Reading of the Finding of Facts with Respect to Case 16-07 by Commissioner Armstrong. Second by Commissioner Childress. The motion passed by a vote of seven to zero. Commissioner Armstrong: I need to recuse myself from Case 16-07. Chair Brown: Is there anyone wishing to speak in favor of 16-07? None spoke. Chair Brown: Is there anyone wishing to speak against 16-07? None spoke. Any questions on 16-07? To reduce the setbacks on corner None spoke. MOTION Commissioner Storey made a motion to approve Case 16-07 to include the testimony we heard tonight including testimony given for Case 16-06. Second by Commissioner Gross. The motion passed by a vote of six to zero. Commissioner Armstrong recused. 3. CASE 16-08: J&J SUBDIVISION, A minor resubdivision of Lots 1 & 2, 13 through 18 of McDUELL-BROWN SUBDIVISION, known as 3213, 3215, Planning & Zoning Commission Page 4 of 5 June 28, 2016 Minutes 3217 and three lots north of 3217 and two lots north of 3218 North Richardson Avenue, J&J Campbell Real Estate, Inc/Owner. Motion to Waive the Reading of the Finding of Facts with Respect to Case 16-08 by Commissioner Armstrong. Second by Commissioner Childress. The motion passed by a vote of seven to zero. Commissioner Armstrong asked to recuse himself from CASE 16-08. Chair Brown: Is there anyone wishing to speak in favor of CASE 16-08? None spoke Chair Brown: Is there anyone wishing to speak against of 16-08? None spoke Is there a motion to approve this minor resubdivision of lots to create J&J Subdivision from 8 lots into 12 lots? MOTION Commissioner Storey made a motion to approve CASE 16-08 based on testimony, materials in the packet, and testimony on CASE 16-06. Second by Commissioner Gross. The motion passed by a vote of six to zero. Commissioner Armstrong recused. G. OTHER BUSINESS None H. PUBLIC COMMENTS None I. ADJOURN The meeting adjourned at 6:32 p.m. Planning & Zoning Commission Page 5 of 5 June 28, 2016 Minutes

Agenda

Roswell Planning & Zoning Commission Agenda Tuesday, June 28, 2016 - 6:00 PM Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street Chair: Ralph Brown, Vice Chair: Riley Armstrong Members: Toby Gross, Shirley Childress, David Storey, Kent Taylor, Jesse McDaniel 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 May 24, 2016 minutes. F. Public Hearing Items 1. CASE 16-06 (VAR): A Request for Zone Change from R-3 to R-4, Lots 1 & 2, 13 through 18 of McDUELL-BROWN SUBDIVISION, known as 3213, 3215, 3217 and three lots north of 3217 and two lots north of 3218 North Richardson Avenue, J&J Campbell Real Estate, Inc/Owner. 2. CASE 16-07: A Request for Variance of a Street Side Yard Setback, Lot 1 (Lot 1A on proposed replat) of McDUELL-BROWN SUBDIVISION, located on the Southwest Corner of North Richardson Avenue and West Berrendo Road, J&J Campbell Real Estate, Inc/Owner. 3. CASE 16-08: J&J SUBDIVISION, A minor resubdivision of Lots 1 & 2, 13 through 18 of McDUELL-BROWN SUBDIVISION, known as 3213, 3215, 3217 and three lots north of 3217 and two lots north of 3218 North Richardson Avenue, J&J Campbell Real Estate, Inc/Owner. 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: June 22, 2016 Planning & Zoning Commission Agenda 1 June 28, 2016 Roswell Planning & Zoning Commission Minutes Tuesday, May 24, 2016 - 6:00 PM Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street Chair: Ralph Brown, Vice Chair: Riley Armstrong Members: Shirley Childress, Toby Gross, David Storey, Kent Taylor, Jesse McDaniel 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 Kent Taylor PRESENT Jesse McDaniel PRESENT Staff Members Present: Merideth Hildreth, AICP, Current Planning Administrator; and William Morris, AICP, CZO, Planning Manager. Chair Brown welcomed the two new commissioners Kent Taylor and Jesse McDaniel. 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 7 to 0 Planning & Zoning Commission Page 1 of 5 May 24, 2016 Minutes E. Minutes: Consider approval of the March 22, 2016 minutes Motion to Approve the April 26, 2016 Minutes as written by Commissioner Gross Second by Commissioner Armstrong The motion passed 7 to 0 F. Public Hearing Items 1. CASE 16-05 (VAR) Request for a Variance for Rear Yard Setback and Coverage of over forty percent of Rear Yard Setback for Accessory Structure; WEST SIDE, Block 53, Lot 6 AND Lot 7, S: 32 T: 10S R: 24E - known as 600 North Pennsylvania Avenue (Rita Ballou, LLC/Owner & Adriann Ragsdale/Agent). Exhibits Attached: (A) Application (2 pages); (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 of Property; (H) Site Plan; (I) Drawings Motion to Waive the Reading of the Finding of Facts with Respect to Case 16-05 by Commissioner Armstrong Second by Commissioner Childress The motion passed 7 to 0 Chair Brown asked if anyone in favor of Case 16-05 wished to speak. Luke Ragsdale: 1 Desert Rose in Roswell My wife and I are owners of 600 North Pennsylvania, the subject of this variance. I'm happy to say business is good. So, we need an additional conference room. We want to raze part of an accessory building and rebuild and extend it. We will retain the same amount of parking. Mr. Ortega is here, our contractor. I see that staff has recommended approval and we are asking for approval as well. Ms. Hildreth: We have received additional information this week from the contractor. The entire accessory building may be razed including the existing garage due to damage from the snow storm. The owners would like the rebuild to be in its current location or possibly rebuild the accessory structure no farther than five feet from the north property line. Mr. Morris: This accessory structure with its rebuild and addition is in keeping with community character. This is a situation where a property owner is reinvesting in the historic district and using the building. It's an adaptive reuse. What they are proposing has an interesting facade, not just a box. The design is in character with the density and with the neighborhood. The rear yard setback coverage will exceed forty percent. Planning & Zoning Commission Page 2 of 5 May 24, 2016 Minutes Chair Brown asked if anyone in wished to speak against Case 16-05. There were none. Commissioner Armstrong made a motion based on findings of fact, testimony, and staff recommendation to approve case 16-05 Second by Commissioner Childress The motion passed 7 to 0 2. 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 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. For properties where the rear property line is along an alley, 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. Properties which are not abutting an alley shall locate the dumpster towards the rear of the site, and in a manner that is acceptable with the Sanitation Department. Mr. Morris: Last meeting we brought the text amendment to the Planning & Zoning Commission. Commissioner Storey brought up a question about wording in Section B1 – the yellow paragraph in front of you. The north end of town and some other areas have no alleys. The text in the highlighted paragraph was modified to allow the requested flexibility. We are looking for approval of the text if it meets the intent. Commissioner Storey: Where does it go next? Mr. Morris: Back to Legal Committee and then to City Council. Commissioner Storey made a motion to approve the text amendment Second by Commissioner Armstrong The motion passed 7 to 0 Planning & Zoning Commission Page 3 of 5 May 24, 2016 Minutes 3. PROPOSED TEXT AMENDMENT to the City of Roswell Zoning Ordinance; Consideration of Recommending Approval for Modification of ARTICLE 6: R-S RURAL SUBURBAN DISTRICT, specifically, creating a new Special Use for Accessory Retail in the R- S zoning district to allow the sale of products associated with homemade food and craft products and collectables. (Attachment – 2 Pages.) ARTICLE 6: R-S RURAL SUBURBAN DISTRICT Section 2. Use Regulations B. Special Uses are as follows: 16. Accessory retail, which shall be limited to no more than one thousand (1,000) square feet of interior space and two thousand (2,000) square feet of outdoor space, and must be accessory to a permitted use onsite. The products sold shall be limited to those associated with homemade food and craft products and collectables. There shall be a minimum of 5 parking spaces which may remain unpaved. Mr. Morris: This came up as a request by the Code Review committee to add accessory retail to existing uses in the R-S (Rural Suburban) Zoning District. R- S is the most rural district we have in zoning. It is Semi-Agricultural with 2.5 acre minimum lots. Uses by right are listed. Special uses require P&Z approval. We have some businesses approved. There is a horse operation on the north side and they would like to sell hay, and tack. There must be an existing business to obtain a special use permit. The additional Special Use this text amendment would allow a secondary use that can utilize up to 1,000 square feet for homemade food, crafts, and collectables. In keeping with the “countryesque” character, five unpaved parking spaces will be required. This zone is not for uses such as tractor supplies. That's not what we are looking for. Commissioner Storey: This text seems very restrictive. I would suggest to leave it out. Maybe put something in that says compatible with primary use. Mr. Morris: Motion could include to modify or delete that sentence. Commissioner Storey: I have a question about the unpaved parking spaces. Morris: This is a rural area, not an urban setting. The retail area would accommodate up to 1,000 square feet with five parking spaces. The owner will be required to tell us where the parking is located. Commissioner Storey: Is this coming from Staff? Mr. Morris: It was brought forth by Code Rewrite Group. It gives these little uses an income stream. I don't anticipate many of these. Planning & Zoning Commission Page 4 of 5 May 24, 2016 Minutes Commissioner Armstrong: There is no accessory retail right now? Mr. Morris: You can have airports, oil and gas, correctional facilities. We're just talking about an add on to another special use. Commissioner Gross: Is this what you really want, Bill? Commissioner Storey: Landfills are allowed in R-S. Do we have much R-S? Morris: North of Pine Lodge. Commissioner Taylor: Another R-S section is northeast by the Country Club. Commissioner Brown: Will it go to Council or Legal Committee first? Mr. Morris: It will go to Legal Committee then to Council. Commissioner Storey made a motion to approve the text amendment to add accessory retail to the R-S District as a Special Use as presented. Second by Commissioner Gross The motion passed 7 to 0 G. Other Business Commissioner Taylor: Mr. Chairman, did we ever get sworn in as Commissioners? Commissioner Storey: I think being approved by Mayor and Council makes the Planning & Zoning Commissioners official. H. Public Comments None I. Adjourn The meeting adjourned at 6:26 p.m. Planning & Zoning Commission Page 5 of 5 May 24, 2016 Minutes EXHIBIT A: STAFF SUMMARIES FOR CASE 16-06 ZONE CHANGE CASE 16-07 VARIANCE CASE 16-08 MINOR RESUBDIVISION 3200 BLOCK OF NORTH RICHARDSON AVENUE Roswell Planning & Zoning Commission Tuesday, JUNE 28, 2016 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street All three cases on the agenda are submitted by the same owner and agent for the same proposed development area. Please find details for all three cases in this Staff Summary. APPLICATION: CASE 16-06 REQUEST FOR ZONE CHANGE FROM R-3 TO R-4 Legal Description: Lots 1 & 2, 13 through 18 of McDUELL-BROWN SUBDIVISION, known as 3213, 3215, 3217 and three lots north of 3217 and two lots north of 3218 North Richardson Request: Request for a zone change from R-3 Residential District to R-4 Residential District. APPLICATION: CASE 16-07 REQUEST FOR A VARIANCE – TO REDUCE THE SETBACK ON A CORNER LOT STREET SIDE YARD Legal Description: Lot 1 (Lot 1A on proposed replat)of McDUELL-BROWN SUBDIVISION, located on the Southwest Corner of North Richardson Avenue and West Berrendo Road Request: Request for a 2.2 foot side yard variance to the required twenty-five foot street side yard variance. APPLICATION: CASE 16-08 MINOR RESUBDIVISION OF LOTS IN MC DUELL- BROWN SUBDIVISION TO CREATE J&J SUBDIVISION Legal Description: Lots 1 & 2, 13 through 18 of McDUELL-BROWN SUBDIVISION, known as 3213, 3215, 3217 and three lots north of 3217 and two lots north of 3218 North Richardson Request: Request for a Minor Resubdivision to create the J&J Subdivision with twelve (12) lots from eight (8) existing lots in the McDuell-Brown Subdivision. Planning & Zoning, 16-06 Page 1 of 7 June 28, 2016 Owner: J&J Campbell Real Estate, Inc. Agent: Todd P. Wagener, Wagener Engineering Address: 3200 Block of North Richardson Avenue (North Richardson Avenue and Berrendo Road) BERRENDO ROAD II. SITE DATA: Site Area: 1.21 ± acres in the McDuell-Brown Subdivision UPC: 4135059475013 (Lot 1) 4135059475019 (Lot 2) 4135059492013 (Lot 13) 4135059492019 (Lot 14) 4135059492024 (Lot 15) 4135059492029 (Lot 16) 4135059492034 (Lot 17) 4135059492039 (Lot 18) Existing Land Use: Residential - Vacant Proposed Land Use: Residential Town Homes Existing Zoning: R-3 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Farmland R-S South Residential Townhomes R-3 East Bank and Commercial Entity C-2 West Mobile Home Park MHC Planning & Zoning, 16-06 Page 2 of 7 June 28, 2016 Zoning Map III. INTENT OF PETITION: CASE 16-06 REQUEST FOR ZONE CHANGE FROM R-3 TO R-4 Legal Description: Lots 1 & 2, 13 through 18 of McDUELL-BROWN SUBDIVISION, known as 3213, 3215, 3217 and three lots north of 3217 and two lots north of 3218 North Richardson Request: Request for a zone change from R-3 Residential District to R-4 Residential District. The applicant is requesting a zone change from R-3 Residential District to R-4 Residential District in order to build town homes on smaller lots. The purpose of the zone change request is to enable the developer to increase the number of developable lots (through a replat) thereby decreasing the lot size below the R-3 minimum lot size requirement. City of Roswell Zoning Ordinance 15-09 as amended July 9, 2015, Article 21: Development Standards specifies minimum lot sizes required for each residential zoning district. The minimum lot size for a townhouse in R-3 is 4,000 square feet per unit. The minimum lot size for a townhouse in R-4 is 3,000 square feet per unit. As currently platted, each of the interior lots is approximately 5,815 square feet in area. The proposed replat (Case 16-08) will increase the number of lots from eight (8) to twelve (12), thereby decreasing the size of the lots to under 4,000 square feet. According to the applicant, a change in the 2009 Flood Zone requires substantial fill be placed on the lots before development can occur. This requirement adds to the cost of development. The creation of additional lots makes this proposed development financially viable. Planning & Zoning, 16-06 Page 3 of 7 June 28, 2016 IV. FINDINGS OF FACT (CONCLUSION OF LAW): CASE 16-06 REQUEST FOR ZONE CHANGE FROM R-3 TO R-4 1. The Planning and Zoning Commission shall make a motion to approve or deny this application based on these Findings of Fact or material introduced at the meeting. 2. These eight (8) lots under consideration for rezoning are located in R-3 Residential Zoning District on a block that has been developed with townhomes. 3. The development area is located in the AE Flood Zone and will require fill in order for development to occur. 6. The applicant is requesting a zone change from R-3 to R-4 in order to create a higher density development. 7. The proposed development plan will replat the existing eight (8) lots to create twelve (12) lots. The proposed replat includes: Redivision of two lots into three lots on the west side of North Richardson Avenue; Redivision of six lots into nine lots on the east side of North Richardson Avenue. 8. Case 16-08 Minor Resubdivision is scheduled for a public hearing at this meeting held by the Planning & Zoning Commission. 9. The proposed townhome development will be compatible in density and character with the existing townhome development on block. 10. C-2 Commercial District abuts the proposed townhome development on the east and a high density MHC Mobile Home Community District abuts the development on the west. Berrendo Road, classified as a Minor Arterial, separates the proposed development from the R-S Rural Suburban Zone to the north. V. STAFF RECOMMENDATION: CASE 16-06 REQUEST FOR ZONE CHANGE FROM R-3 TO R-4 Based on the findings of fact, the nature of the proposed development, and the regulations established in the Zoning Ordinance, Staff recommends approval of CASE 16-06 to authorize the requested zone change from R-3 Residential to R-4 Residential. Planning & Zoning, 16-06 Page 4 of 7 June 28, 2016 VI. INTENT OF PETITION: CASE 16-07 REQUEST FOR A VARIANCE – TO REDUCE THE SETBACK ON A CORNER LOT STREET SIDE YARD Legal Description: Lot 1 (Lot 1A on proposed replat) of McDUELL-BROWN SUBDIVISION, located on the Southwest Corner of North Richardson Avenue and West Berrendo Road Request: Request for a 2.2 foot side yard variance to the required twenty-five foot street side yard variance. Applicant is requesting a Variance for a corner lot from the required Side Yard Setback (on the Berrendo Road side of the property). Berrendo Road is classified as a Minor Arterial under the City’s Functional Street Classification Plan. R-3 and R-4 corner lots abutting an arterial are required to observe a twenty-five (25) five foot street side yard setback. Applicant is requesting a setback variance of two feet and two inches (2.2 feet) in which to build. If allowed to build in the setback, the building would be constructed twenty-two feet ten inches (22.10 feet) from the property line parallel to Berrendo Road. VII. FINDINGS OF FACT (CONCLUSION OF LAW): CASE 16-07 REQUEST FOR A VARIANCE – TO REDUCE THE SETBACK ON A CORNER LOT STREET SIDE YARD 1. The Planning and Zoning Commission shall make a motion to approve or deny this application based on these Findings of Fact or material introduced at the meeting. 2. The property owner is requesting a variance for Lot 1 in McDuell-Brown Subdivision. This lot is included in Case 16-06 Zone Change and Case 16-08 Minor Resubdivision. 3. The Minor Resubdivision (J&J Subdivision) going before the Planning & Zoning Commission under Case 16-08 shows a dedication of a ten (10) foot additional Right-of-Way. Before dedication of the Right-of-Way, the original property line is located ten (10) additional feet to the north. If there were no dedication of Right- of-Way, a setback variance would not be requested. 4. The garage and off street parking area are located outside the twenty-five (twenty- five) foot setback area. (See the detailed site plan) A fence will be constructed along the property line parallel to Berrendo Road. VIII. STAFF RECOMMENDATION: CASE 16-07 REQUEST FOR A VARIANCE – TO REDUCE THE SETBACK ON A CORNER LOT STREET SIDE YARD Based on the findings of fact, the nature property, and the regulations established in the Zoning Ordinance, Staff recommends approval of CASE 16-07 to authorize the requested corner lot street side yard variance to allow construction to occur within two feet two inches (2.2 feet) of the side yard setback. Planning & Zoning, 16-06 Page 5 of 7 June 28, 2016 IX. INTENT OF PETITION: CASE 16-08 MINOR RESUBDIVISION OF LOTS IN MC DUELL-BROWN SUBDIVISION TO CREATE J&J SUBDIVISION Legal Description: Lots 1 & 2, 13 through 18 of McDUELL-BROWN SUBDIVISION, known as 3213, 3215, 3217 and three lots north of 3217 and two lots north of 3218 North Richardson Request: Request for a Minor Resubdivision to create the J&J Subdivision with twelve (12) lots from eight (8) existing lots in the McDuell- Brown Subdivision. X. FINDINGS OF FACT (CONCLUSION OF LAW): CASE 16-08 MINOR RESUBDIVISION OF LOTS IN MC DUELL- BROWN SUBDIVISION TO CREATE J&J SUBDIVISION 1. The Planning and Zoning Commission shall make a motion to approve or deny this application based on these Findings of Fact or material introduced at the meeting. 2. The proposed townhome development plan includes a replat of the existing eight (8) lots to create twelve (12) lots. The proposed replat includes: Redivision of two lots into three lots on the west side of North Richardson Avenue; Redivision of six lots into nine lots on the east side of North Richardson Avenue. 3. The development area is located in the AE Flood Zone and will require fill in order for development to occur. 4. The proposed townhome development will be compatible in density and character with the existing townhome development on the block. 5. The replat includes the dedication of a ten (10) foot Right-of-Way parallel to Berrendo Road. 6. The recommendation of the Planning & Zoning Commission will be forwarded to the City Council for final approval and signature of the Minor Resubdivision of the specified lots in McDuell-Brown Subdivision to create J&J Subdivision. XI. STAFF RECOMMENDATION: CASE 16-08 MINOR RESUBDIVISION OF LOTS IN MC DUELL- BROWN SUBDIVISION TO CREATE J&J SUBDIVISION Based on the findings of fact, the nature of the proposed development, and the regulations established in the Zoning Ordinance, Staff recommends approval of CASE 16-08 for a Minor Subdivision to create twelve (12) lots from eight (8) lots and dedication of an additional ten (10) foot Right-of-Way. Planning & Zoning, 16-06 Page 6 of 7 June 28, 2016 XII. LIST OF EXHIBITS FOR ALL THREE CASES 16-06, 16-07, & 16-08 EXHIBIT A: STAFF SUMMARIES FOR CASE 16-06 ZONE CHANGE CASE 16-07 VARIANCE CASE 16-08 MINOR RESUBDIVISION EXHIBIT B: APPLICATION FOR CASE 16-06 ZONE CHANGE EXHIBIT C: APPLICATION FOR CASE 16-07 VARIANCE (2 PAGES) EXHIBIT D: APPLICATION FOR CASE 16-08 MINOR RESUBDIVISION EXHIBIT E: CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTIES UNDER CONSIDERATION FOR ZONE CHANGE IN CASE 16-06 AND RESUBDIVISION IN CASE 16-08 EXHIBIT F: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASES 16-06 AND 16-08 EXHIBIT G: LIST OF PROPERTY OWNERS NOTIFIED FOR CASES 16-06 AND 16-08 EXHIBIT H: CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTIES NOTIFIED OF PUBLIC HEARING FOR ZONE CHANGE CASE 16-06, VARIANCE CASE 16-07, & MINOR RESUBDIVISION CASE 16-08 EXHIBIT I: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 16-07 EXHIBIT J: CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR VARIANCE IN CASE 16-07 EXHIBIT K: LIST OF PROPERTY OWNERS NOTIFIED FOR CASE 16-07 EXHIBIT L: DETAIL SHOWING VARIANCE REQUEST FOR CASE 16-07 EXHIBIT M: J&J SUBDIVISION FOR CASE 16-08 Planning & Zoning, 16-06 Page 7 of 7 June 28, 2016 EXHIBIT B: APPLICATION FOR CASE 16-06 ZONE CHANGE EXHIBIT C: APPLICATION FOR CASE 16-07 VARIANCE (PAGE 1) EXHIBIT C: APPLICATION FOR CASE 16-07 VARIANCE (PAGE 2) EXHIBIT D: APPLICATION FOR CASE 16-08 MINOR RESUBDIVISION EXHIBIT E: CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTIES UNDER CONSIDERATION FOR ZONE CHANGE IN CASE 16-06 & RESUBDIVISION IN CASE 16-08 AREA MAP REGARDING CASES 16-06 & 16-08 (Lots shaded in pink are under consideration of a Zone Change Request from R-3 to R-4 and Redivision from 8 lots to 12 lots EXHIBIT F: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASES 16-06 & 16-08 LETTER SENT VIA CERTIFIED MAIL ON JUNE 8, 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 JUNE 8, 2016 RE: PUBLIC HEARING NOTICE for CASE 16-06: Application for a Zone Change AND Case 16-08: Application for J&J Subdivision You have received this notice 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 16-06. The Property Owner is requesting a Zone Change from R-3 to R-4 (Residential District) Zone. Case 16-08: J&J Subdivision - Resubdivision of eight (8) existing lots into twelve (12) lots. PROPERTY LOCATION: 3200 Block of North Richardson Avenue LEGAL DESCRIPTION: Subd: MC DUELL-BROWN Lots 1, 2, 13, 14, 15, 16, 17, 18 S:20 T: 10S R: 24E OWNER OF PROPERTY: J&J Campbell Real Estate, Inc. ZONING DISTRICT: R-3 The City of Roswell Planning and Zoning Commission will hear public comments on the above cases on TUESDAY, JUNE 28, 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 delivered to the Planning & Zoning Office or 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 & 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, June 22, 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) 637-6242 at least 24 hours prior to the hearing. Please call 575.637.6294 with questions on this matter. Case 16-08 will also be heard by City Council for a final decision at the regularly scheduled Council Meeting to be held on July 14, 2016. Respectfully, Merideth Hildreth, M.A., AICP Current Planning Administrator (Area Map on Reverse Side) EXHIBIT G: LIST OF PROPERTY OWNERS NOTIFIED FOR CASES 16-06 & 16-08 JOHN CLIFFORD HENRY DIXIE DIANE EDWARDS SALLY MAY SANFORD Or current owner Or current owner 207 N. UNION, SUITE C 3214 N. RICHARDSON AVE. ROSWELL, NM 88201 ROSWELL, NM 88201 FIRST NATIONAL BANK LEE M. ROGERS, III Or current owner Or current owner P.O. BOX 1857 3211 N. RICHARDSON AVE. ROSWELL, NM 88202 ROSWELL, NM 88201 TED D. PARSONS KENNETH GRAFE APRIL BELLINI PARSONS Or current owner Or current owner 6309 SAGE HILL CT NW 3218 N. RICHARDSON AVE. ALBUQUERQUE, NM 87120 ROSWELL, NM 88201 MARTHA R. MURPHY TRUST ELIZABETH ARMENDARIZ C/O MARTHA R. & MARK BERTRAM MURPHY Or current owner CO-TRUSTEES 3208 N. RICHARDSON AVE. Or current owner 5 Bayou Court ROSWELL, NM 88201 Roswell, NM 88201 WENDELL R. WAKEFIELD ZETTLEMOYER LIVING TRUST C/O MARGIE S. ZETTLEMOYER, TRUSTEE Or current owner Or current owner 2708 N. ATKINSON AVE. 3216 N. RICHARDSON AVE. ROSWELL, NM 88201 ROSWELL, NM 88201 TERESSA HARRIS HEATHER A. YOUNGMAN Or current owner Or current owner 3207 N. RICHARDSON AVE. 206 W. BERRENDO RD. ROSWELL, NM 88201 ROSWELL, NM 88201 LARRY A. GARNER NETA M. JENNINGS BEVERLY GARNER Or current owner Or current owner 3210 N. RICHARDSON AVE. 3212 N. RICHARDSON AVE. ROSWELL, NM 88201 ROSWELL, NM 88201 PEARSON OIL CO., INC. J&J CAMPBELL REAL ESTATE INC Or current owner 9 NORTH SYCAMORE COURT P.O. BOX 1288 ROSWELL, NM 88201 HOBBS, NM 88241 EXHIBIT H: CHAVES COUNTY ASSESSOR'S MAP IDENTIFYING PROPERTIES NOTIFIED OF PUBLIC HEARING FOR ZONE CHANGE CASE 16-06, VARIANCE CASE 16-07, & MINOR RESUBDIVISION CASE 16-08 EXHIBIT I: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 16-07 LETTER SENT VIA CERTIFIED MAIL ON JUNE 8, 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 JUNE 8, 2016 RE: PUBLIC HEARING NOTICE for CASE 16-07: Application for a Variance You have received this notice 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 16-07. The Property Owner is requesting a Variance to build 2.2 feet into the required Side Yard Setback on the street side of a Corner Lot. PROPERTY LOCATION: 3200 Block of North Richardson Avenue, Lot on the southwest corner of Berrendo Road and Richardson Avenue. LEGAL DESCRIPTION: Subd: MC DUELL-BROWN Lot 1 OWNER OF PROPERTY: J&J Campbell Real Estate, Inc. ZONING DISTRICT: R-3 The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, JUNE 28, 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 delivered to the Planning & Zoning Office or 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 & 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, June 22, 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) 637-6242 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 J: CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR VARIANCE IN CASE 16-07 AREA MAP REGARDING CASE 16-07 (Lot shaded in pink is under consideration of a Variance Request) EXHIBIT K: LIST OF PROPERTY OWNERS NOTIFIED FOR CASE 16-07 ZETTLEMOYER LIVING TRUST HEATHER A. YOUNGMAN Or current owner Or current owner 3216 N. RICHARDSON AVE. 206 W. BERRENDO RD. ROSWELL, NM 88201 ROSWELL, NM 88201 JOHN CLIFFORD HENRY KENNETH GRAFE SALLY MAY SANFORD Or current owner Or current owner 3218 N. RICHARDSON AVE. 207 N. UNION, SUITE C ROSWELL, NM 88201 ROSWELL, NM 88201 J&J CAMPBELL REAL ESTATE INC 9 NORTH SYCAMORE COURT ROSWELL, NM 88201 EXHIBIT L: DETAIL SHOWING VARIANCE REQUEST FOR CASE 16-07 EXHIBIT M: J&J SUBDIVISION CASE 16-08

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