Planning & Zoning Commission
Regular MeetingRoswell, NM · August 23, 2016
Minutes
Roswell Planning & Zoning Commission Minutes
Tuesday, August 23, 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 6:01 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 ABSENT
David Storey ABSENT
Kent Taylor ABSENT
Jesse McDaniel PRESENT
Staff Members Present: Merideth Hildreth, AICP, Current Planning Administrator;
and William Morris, AICP, CZO, Planning Manager; Louis Najar, P.E., Director of
Planning & Engineering
Audience Members Present: Larry C Parker, Nathan Therrien, Bryan Bunney,
Larry LaDunz, Amanda Holley, John Holdson, Irene Gonzales, Rudy Gonzales,
Meighan Sales, Josep Linville, Margie Linville, Steve Therrien, Christopher
Fujishin, Jim Morgan, Court Nichols, George Ross, Zach Therrien, Jessica
Therrien
C. SWEARING IN: Chair Brown swore in staff and members of the audience.
Chair Brown reminded the audience of a three-minute speaking time limit.
Any appeals are due by noon in writing to the City Clerk this Thursday.
Planning & Zoning Commission
Page 1 of 14 August 23, 2016 Minutes
D. APPROVAL OF THE AGENDA
MOTION to Approve the Agenda as written by Commissioner Gross.
Second by Commissioner Armstrong.
The motion passed by a vote of four to zero.
E. MINUTES: Consider approval of the July 26, 2016 minutes.
MOTION to Approve the July 26, 2016 Minutes by Commissioner Gross.
Second by Commissioner Armstrong.
The motion passed by a vote of four to zero.
F. PUBLIC HEARING ITEMS:
1. CASE 16-11 VAR: A Request for Variance to Locate Off-Premise Sign, Subd:
ORIGINAL ROSWELL Block: 15 Lots: 1, 2, & 3, known as 220 East 2nd Street,
Blue Sky Property Holdings, LLC/Owner.
Attached: (A) Application; (B) Staff Summary; (C) Letter Notifying Surrounding Property Owners; (D) Chaves County
Assessor’s Map Identifying Properties with the Notification Area; (E) List of Property Owners Notified
Motion to Waive the Reading of the Finding of Facts with Respect to Case
16-11 by Commissioner Armstrong.
Second by Commissioner Gross.
The motion passed by a vote of four to zero.
Chair Brown: Is there anyone wishing to speak in favor of 16-11?
Court Nichols: I am the applicant for the Variance. I own 3rd Street Station at the
corner of 3rd and Railroad, and want to put sign up to draw people back into the
Railroad District.
Commissioner Armstrong: Is that the sign currently up on the corner of the
Roswell Trading Company?
Mr. Nichols: Right, yes Sir.
Commissioner Armstrong: Is that the sign for the case in question?
Mr. Morris: That's the sign in question. It was put up after the case had been filed
for a variance. We are trying to get a variance for this sign because of the unique
circumstances this business represents as its location in an adopted
redevelopment area for the City, that's why (Staff recommends) approval,
otherwise he would have to take it down.
Commissioner Armstrong: That’s why you need our permission?
Planning & Zoning Commission
Page 2 of 14 August 23, 2016 Minutes
Commissioner Gross: Is this case before us because of Code Enforcement
caught it?
Mr. Morris: This has been back and forth. The issue is there are other off-premise
signs in the area - billboard signs. Our Code treats these little standard off-
premise signs in the same vein as it treats a 640 square foot bill board, which is
really what the intent of the code I believe was supposed to be. We know the
unique circumstance of this business because it’s not located on an arterial, it’s
located internal to the block and is a unique circumstance. (The City has) a
vested interest in trying to maintain businesses in the interior of the Rail Road
MRA that was just adopted. We feel it is absolutely critical that folks can find this
place down that road. That is the basis.
Chair Brown: Anyone else in favor of Case 16-11?
None spoke.
Anyone against 16-11?
None spoke.
Any further discussion?
Mr. Morris: I believe everything stated is in the Staff Report. This is a relatively
small sign. It is necessary for this business and trying to re-establish a
redevelopment area that the City is trying to upgrade.
MOTION FOR CASE 16-11
Commissioner Armstrong made a motion regarding Case 16-11
based on finding of facts and the testimony provided that we approve the
requested variance for an off-premise sign.
Second by Commissioner Gross
The motion passed by a vote of four to zero.
2. CASE 16-12 CUP: A Request for Conditional Use Permit for Dirt Track for
Stock Car Racing and Motor Sport Events including Motor-Cross, Mud
Bogs, Tractor and Truck Pulls, Subd: TOWNSEND SUMMARY PLAT Lot: A
Quarter: SW: S: 4 T: 11S R: 24E, known as 1005 S Atkinson Avenue,
Therrien/Owner.
Attached: (A) Application; (B) Staff Summary; (C) Letter Notifying Surrounding Property Owners; (D) Chaves County
Assessor’s Map Identifying Properties with the Notification Area; (E) List of Property Owners Notified; (F) Sample Photos
from a Different Track; (G) One Letter of Opposition; (H) Two Letters of Affirmation
Planning & Zoning Commission
Page 3 of 14 August 23, 2016 Minutes
Motion to Forgo the Reading of the Finding of Facts with Respect to Case
16-12 by Commissioner Armstrong.
Second by Commissioner Gross.
The motion passed by a vote of four to zero.
Chair Brown: Is there anyone wishing to speak in favor of 16-12?
Larry Parker: Handed out handouts to the Commissioners and staff and
displayed a large map of the area.
What we are proposing is to add to the event center. Three years ago, the owner
Steve Therrien, started having some mud bogs. What we are proposing is a dirt
track, a stock car type place, and other motor sports – tractor and truck pulls,
motor cross. There used to be a track here years ago at the fairgrounds. Steve’s
got 25 acres we could house that type of stuff.
This packet addressed items in the staff report.
A. Provide structural analysis. We haven’t found a common engineering
structure for a fence. I don't have a structural analysis, there are some
photos. Our proposal. Red line (indicates) the safety fence to protect
spectators.
Fence in photo is from Alabama. We are proposing a concrete wall 4 foot
in height and an 8 foot fence with catch cables every 2 feet. This
construction is similar to that at other tracks. The portion of the track in
yellow will be the guard rail. We have state highway department type
guard rail. Photos from Artesia with bill boards – we will have a double
guard rail with telephone poles behind with catch cables.
B. Provide documentation and Engineering Analysis. The dirt track will keep
speeds down; it’s a one-quarter mile track. Track is 100 foot wide track.
We won’t be racing that many cars at a time to take up the whole track.
C. Mitigation of Noise Plan. Joe can talk about the type of equipment to deal
with noise from vehicles. On the south end of the property, where most of
the homes are, there is a metal barrier fence to help with sound. We will
put same type of construction on the north to help reduce noise if
approved. It is a racecar track, there will be some noise.
D. Mitigation of Smoke and Dust. I don't see where smoke is an issue.
May be temporary smoke occasionally. These guys like to race on moist
type track, will keep it moist and keep the dust down. The parking area
may have some dust. The parking area approved for mud bog is millings,
and sprayed emulsion. We will have that type to mitigate dust. Basic
gravel or millings as this grows. Future plans to continually expand parking
as necessary.
Planning & Zoning Commission
Page 4 of 14 August 23, 2016 Minutes
Fire Hydrant on site is just south of the track. The owner owns a water
truck. I don’t like dust myself, I don’t think it will be a problem during
events. Wind storms we can’t help. For our event, we will mitigate dust
with water.
E. Engineering Plans for Paved Parking. Hot mix parking lot through millings.
Louis can tell you about this stuff. Six inches of base and 2 inches of hot
mix is out of the question. Pedestrian concrete or hot mix. We hope to get
approval of what is there before. We will have parking lot attendants. We
have striping for ADA.
F. Parking Lot Striping Plans, I think you can see south of the Bleachers the
stripes for ADA plan. We did before for mudbogs. We can keep those
freshened up and add spaces if needed.
G. Circulation Plan. Entrance on Atkinson at double gate. This will be a 2-way
at gate. I don’t anticipate a traffic problem on Atkinson. There are adjacent
easements on North and South Atkinson. Mr. Therrien owns the building
north of John Deer and could stage people and park people in that area.
H. Provide Plans for ADA Accessible Restroom Facilities. We will start with
port-a-potties.
I. Concession Area Plans. Mr. Therrien has a couple of food trailers that we
will start off with.
J. Signage and Wayfinding. We will keep general public away from pit. Two
types of tickets, general admission and pit pass. There will be attendants
directing people.
K. Sanctions and Rules. Will say on the sheets in the packet. That section
addresses this. There are 2 types of organizations for stock car racing.
Every kind of rule and track official.
L. Safety. Every track has the same kind of inspection. We will do it by the
book and not have outlaw racers. Safety equipment for cars and drivers.
There are guys from Eunice, Hobbs, Las Cruces, El Paso who want to
race every weekend.
M. Insurance. We’ve talked to a national insurance group – we’re finding out
what the City will require and insurance will require.
N. Schedule. Events will be done by 11 (p.m.). Two or 3 hours is about all
folks can stand. Maybe propose some daytime stuff.
Planning & Zoning Commission
Page 5 of 14 August 23, 2016 Minutes
Chair Brown: I gave you more than 3 minutes to address these things.
Commissioner Gross: I know from racing history, people come in motor homes.
Are you going to allow people to camp out and race?
Mr. Parker: That might be in long term plans with some hookups. I think it would
be a good option if allowed.
Commissioner Gross: Dry camping is allowed at fair grounds.
Mr. Parker: Dry camping uses generators.
Chair Brown: You're no tasking for this?
Mr. Parker: Not at this time unless allowed. Our main objective is to get this
approved.
Joe Linville: They (racers) want to come to Roswell, New Mexico.
Bright lights. We have to have lights. We will open gates at 5. Racing starts at 7.
One class of cars one weekend, another class on a different weekend.
For disorderly conduct, there is a fine in the rules. Will be escorted off by police
or our security. Before they can participate again, whether spectators or racers,
they have to pay a fine.
Chair Brown: Anyone else wishing to speak in favor.
Jim Horgan, I have property directly south. My mother in law lives in house. The
backyard is 30 feet from the fence. She doesn't hear the noise or have dust.
Many people would like this. Mr. Therrien has been here for 2 years and the
mudbogs have been free for kids. There's a lot of people in Roswell who can’t
afford to take families to an event.
John Holse, Original resident of Roswell. Left area and have been involved in
events. There's a well-known band in Iceland that wants to come and play, and
other bands I’ve been involved with. Tourism and money. This town didn't have a
lot of events. They can get involved in cars and business. On a business end, it's
a no brainer to invest in your town. I have a hotel key, I'm staying here in a hotel
to talk about this. Hometown event. It makes perfect sense. I helped create one
of the first motorcycle rallies in India. They didn’t like it first, now they love it.
Planning & Zoning Commission
Page 6 of 14 August 23, 2016 Minutes
Chair Brown: Is there anyone wishing to speak against or have comments
or questions regarding Case 16-12?
Irene Gonzales: (Provided a petition with signatures of people in close proximity
of the track that wanted to go on record as Opposing the proposed Conditional
Use Permit). I'm not against the event coming to Roswell. I feel like it is in the
wrong area. It is light industrial. Read the part of the code in I-1.
He talked about putting mufflers on the cars. Are they put on the tractors? The
pulls?
We have properties at 909, 907, and 911 S Atkinson. Tenants have called to
complain about the loud music. We talked to a lot of the area residents, there are
people opposed.
The Parkers said their dogs (are distressed) – it’s disruptive to animals.
Why not consider the abandoned (track) or the fair grounds.
He said he doesn’t know what it will lead to. We need to know.
I'm speaking against it because it doesn’t fit with this area. Use a place where it
fits more appropriately. I live at 1413 South Missouri. That little light at the school
on S Washington is the sign from the school and this is small in comparison.
Some neighbors have already complained. If you have to raise your voice to
speak, a tenant who is a police officer said it's against the noise ordinance
Mr. Morris read the meeting notification. If the sum of written objections received
is more than 20% of land owners, it requires a favorable vote of two-thirds of all
Planning & Zoning Commission members.
Written protests exceeding twenty percent (20%) of property
owners within the 100 foot notification area against a
proposed case requires a two-thirds vote of all Commission
members for approval.
Mr. Morris, By our math, it is (written protests received) is below twenty percent.
We think it's below 20% (of property owners in opposition) within the 100 foot
notification area.
Commissioner McDaniel: To the proposed billboard area north and west. Will
the billboards be there ahead of time?
Mr. Linville: They will be there ahead of time and they will help with the noise.
Commissioner McDaniel: How tall?
Mr. Linville: Fifteen feet tall on the north and east.
Planning & Zoning Commission
Page 7 of 14 August 23, 2016 Minutes
Commissioner McDaniel: Can we regulate if they do or don't do if we approve?
Mr. Linville: We will do what we need to do to benefit everyone around us. She
(Mrs. Gonzales) mentioned some people sneaking in through the fence. Billboard
(fences) will help keep people from sneaking in.
Chair Brown: There are checks and balances.
Commissioner McDaniel: On east of farm field, is there access?
Mr. Linville: There is a 6 foot high chain link fence around it. That orange line will
represent the billboard and advertising area.
Commissioner Armstrong: What year did the track start?
Mr. Linville: 2012.
Commissioner Armstrong: Louise, have there been any complaints at the time
about the noise?
Mr. Najar: Nothing came to engineering or zoning.
Commissioner Armstrong: Concerns that you have addressed are noise and
dust. I think you have done a good job addressing this.
Is there anyway to do this at 1 or 2 in the afternoon and shut it down at 7 in the
evening?
Mr. Linville: Heat during the day (is not good) for cars running at 7000 rpms and
a lower gear. In the cooler part of the day there is less wear and tear on engines.
In the heat of the day, water will evaporate faster and will have a dust problem.
Jennifer Therrien: We had a monster truck event with 10,000 people and didn’t
have a complaint.
Commissioner Armstrong: Are you addressing people trying to sneak in from
other areas?
Mr. Linville: If we see that, we invite them in. We don't allow that, and we have
people to monitor that.
Mr. Parker: The map shows the boundary. The north lots are vacant, so they line
up along the fence.
Planning & Zoning Commission
Page 8 of 14 August 23, 2016 Minutes
Commissioner Brown: Any questions? Anyone else who wants to speak in
favor or against CASE 16-12? Louis?
Mr. Najar: I did research. There are over 800 of these tracks in the nation.
These guys are trying to adopt association rules.
I want to echo Commissioner McDaniels. The north and west should be fenced
off for noise. When the Monster Trucks event was advertised on the radio, I didn’t
hear any complaints. I assume there is no alcohol. That would require a license.
Most of injuries are to drivers, not audience.
Mr. Morris: Staff put a lot of time and effort into this. The conditions placed here
are more than on most other uses. Noise, safety of spectators, lights. We try to
make this the least intrusive as possible. At its core, it is an industrial area.
Commissioner Armstrong: Larry, do you understand you will have to abide by
these items listed?
Mr. Parker: Yes.
Commissioner Armstrong: You need staff's okay before you start. This only
goes to City Council if appealed?
Mr. Morris: Yes.
MOTION FOR CASE 16-12
Commissioner Armstrong made a motion to approve Case 16-12 with the
following provisions that have been recommended by Staff for those Items A thru
N in addition to consideration of changing the north and west barriers to include
those billboards, based on finding of facts, testimony this evening, and in addition
for the City to monitor progress to make sure the items A thru N are being met.
Second by Commissioner McDaniel.
The motion passed by a vote of four to zero.
Planning & Zoning Commission
Page 9 of 14 August 23, 2016 Minutes
3. CASE 16-13 CUP: A Request for Conditional Use Permit to Park a
Boat with Trailer in Front Driveway, Subd: SOUTH HIGHLANDS HIGH
SCHOOL Block: 3 Lot: 9, known as 607 W Church Street, Fujishin/Owner.
Attached: (A) Application; (B) Staff Summary; (C) Letter Notifying Surrounding Property Owners; (D) Chaves
County Assessor’s Map Identifying Properties with the Notification Area; (E) List of Property Owners Notified
Motion to Waive the Reading of the Finding of Facts with Respect to Case
16-13 by Commissioner Armstrong.
Second by Commissioner Gross.
The motion passed by a vote of 4 to zero.
Chair Brown: Is there anyone wishing to speak in favor of 16-13?
Chris Fujishin: Property owner at 607 West Church Street. I was unaware there
were certain restrictions to park a trailer on own property. I would like to be
considered for the application.
Mr. Morris: With respect to findings, all trash must be removed from the boat and
surrounding area.
Mr. Fujishin: I cleaned up the area before coming in today.
Commissioner Armstrong: There was one protest letter. Were there any others?
Ms. Hildreth: Just the one letter.
Commissioner Armstrong: There are other places to store boats.
Mr. Fujishin: We moved across country and took a pay cut. Storing other vehicles
elsewhere cost $45.00 a month in storage fees.
Commissioner Gross: Is this for a long term or short term?
Mr. Fujishin: Storage is for longer term.
Chair Brown: I’d feel better if this was for 6 months or a year, not 20 years.
Commissioner Armstrong: if we do this on a short term basis, maybe you can
afford to store it in time.
Commissioner Gross: If we allow you to do this, then the neighbors can petition
for the same thing
Commissioner McDaniel: Can you put it (the boatr) in the back?
Mr. Fujishin: There is a 5 foot concrete fence in the back.
Planning & Zoning Commission
Page 10 of 14 August 23, 2016 Minutes
Commissioner McDaniel: I would be more comfortable with a year.
Chair Brown: I feel like you can find another solution in 6 months.
Mr. Fujishin: A neighbor down the road has had a boat in the driveway for 20
years.
Commissioner McDaniel: Was it a complaint by a neighbor?
Mr. Fujishin : A complaint by neighbor, I believe.
Chair Brown: Louis?
Mr. Najar: I agree with the direction you are going. I too, am a boat owner and
have a cinderblock fence and put in a gate and a slab.
Mr. Fujishin: The alley is rather narrow. I would have to have a 15 foot gate.
Mr. Najar: That’s why I put in concrete to maneuver it better.
Mr. Fujishin: Would you consider an extension in 6 months.
Commissioner McDaniel: I think you should have a solution in that time.
Mr. Morris: Six months I think would be appropriate.
Chair Brown: Is there anyone wishing to speak against or have comments
or questions regarding Case 16-13?
None spoke.
MOTION FOR CASE 16-13
Commissioner Armstrong made a motion to approve Case 16-13 request
based on finding of facts and discovery with the stipulation that this
Conditional Use Permit be only for six (6) months beginning today and
ending at the end of six (6) months, at that time the applicant would have to
find other solutions.
Second by Commissioner McDaniel.
The motion passed by a vote of four to zero.
Planning & Zoning Commission
Page 11 of 14 August 23, 2016 Minutes
4. PROPOSED TEXT AMENDMENT TO THE CITY’S ZONING ORDINANCE
TO BE CONSIDERED: Consideration of Recommending Approval for
Creation of a New Zoning District under ARTICLE 18: CO-1
COMMERCIAL OFFICE DISTRICT:
Chair Brown: Bill Morris to present the text amendment.
Mr. Morris: This is proposed text amendment to City's Zoning Ordinance for
consideration of adoption. (This text) is to create an office district for professional
office uses next to residential. I look at them as complimentary uses because
people are gone during the day and come home when the office is closing.
We are trying to keep design standards including parking areas in rear and side
yards instead of front as is typical in commercial. Trying to keep height down and
lighting at 20 feet instead of 35 feet. Staff report on design – buildings cannot be
metal buildings, roof standards pitched or appeared to be pitched similar to a
typical of a house. To create a district that is surrounded by residential and is
perfect for office works better if it looks and acts more like residential. Window
standards and colors to look more like residential with earth tones. Take a non-
residential use and make it look more like residential. It’s common in other areas
to have office next to residential.
Commissioner McDaniel: Do you have areas?
Mr. Morris: To get this into your toolbox.
If (the square footage of a proposed office) building is bigger than R-3 or R-4, the
only option is commercial zoning. An office fits well with residential because it’s
not a night time use. This includes the same sign limitation as in R-3 for a
monument sign (and not a pole sign).
Chair Brown Is there anyone wishing to speak in favor of this proposed text
amendment to create a Commercial Office District?
None spoke.
Chair Brown: Is there anyone wishing to speak against or have comments or
questions regarding this proposed text amendment to create a Commercial Office
District?
None spoke.
Gross: I'd like to know Mr. Najar's opinion?
Planning & Zoning Commission
Page 12 of 14 August 23, 2016 Minutes
Mr. Najar: I'm for it. Some sort of conceptual design, especially for 600 acres at
OMA. As a developer, what do you think?
Commissioner Gross: It’s another tool in my box
MOTION FOR TEXT AMENDMENT TO
CREATE COMMERICAL OFFICE
DISTRICT C0-1
Commissioner Armstrong made a motion to move this to agenda item for
the creation C0-1 to the Council with a favorable vote of the proposed text
amendment to create a Commercial Office District.
Second by Commissioner Gross.
The motion passed by a vote of 4 to zero.
5. PROPOSED TEXT AMENDMENT TO THE CITY’S ZONING ORDINANCE
TO BE CONSIDERED: Consideration of Recommending Approval for
Creation of eight RESERVE ARTICLES and to Renumber Articles
following ARTICLE 18 incorporating new Reserve Articles in the Zoning
Ordinance.
Chair Brown: Bill Morris will present the text amendment.
Mr. Morris: We stacked all the Articles together, (and didn’t create any reserve
sections. This amendment will create reserve articles in the Zoning Ordinance.)
Chair Brown Is there anyone wishing to speak in favor of this proposed text
amendment to create additional Reserve Articles and Renumber Articles in the
Zoning Ordinance?
None spoke.
Chair Brown: Is there anyone wishing to speak against or have comments or
questions regarding creating additional Reserve Articles and Renumber Articles
in the Zoning Ordinance?
None spoke.
Planning & Zoning Commission
Page 13 of 14 August 23, 2016 Minutes
MOTION FOR TEXT AMENDMENT TO
CREATE RESERVE ARTICLES IN THE
ZONING ORDINANCE AND
RENUMBER THE ARTICLES
Commissioner Armstrong made a motion to recommend moving Item #5 to
City Council with a favorable vote for the proposed text amendment to
create additional Reserve Articles and Renumber Articles in the Zoning
Ordinance.
Second by Commissioner Gross.
The motion passed by a vote of 4 to zero.
G. OTHER BUSINESS
H. PUBLIC COMMENTS
I. ADJOURN
The meeting adjourned at 7:42 p.m.
Planning & Zoning Commission
Page 14 of 14 August 23, 2016 Minutes
Agenda
City of Roswell Planning & Zoning Commission Agenda
Tuesday, August 23, 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
A. Call to Order Planning Manager: William Morris, AICP, CZO
B. Roll-Call Planning & Engineering Director, Louis Najar, P.E.
C. Swearing In
D. Approval of the Agenda
E. Minutes
1. Consider approval of the July 26, 2016 minutes.
F. Public Hearing Items
1. CASE 16-11 VAR: A Request for Variance to Locate Off-Premise Sign, Subd:
ORIGINAL ROSWELL Block: 15 Lots: 1, 2, & 3, known as 220 East 2nd Street,
Blue Sky Property Holdings, LLC/Owner.
Attached: (A) Application; (B) Staff Summary; (C) Letter Notifying Surrounding Property Owners; (D) Chaves
County Assessor’s Map Identifying Properties with the Notification Area; (E) List of Property Owners Notified;
2. CASE 16-12 CUP: A Request for Conditional Use Permit for Dirt Track for
Stock Car Racing and Motor Sport Events including Motor-Cross, Mud Bogs,
Tractor and Truck Pulls, Subd: TOWNSEND SUMMARY PLAT Lot: A Quarter:
SW: S: 4 T: 11S R: 24E, known as 1005 S Atkinson Avenue, Therrien/Owner.
Attached: (A) Application; (B) Staff Summary; (C) Letter Notifying Surrounding Property Owners; (D) Chaves
County Assessor’s Map Identifying Properties with the Notification Area; (E) List of Property Owners Notified; (F)
Sample Photos from a Different Track; (G) One Letter of Opposition; (H) Two Letters of Affirmation
3. CASE 16-13 CUP: A Request for Conditional Use Permit to Park a Boat with
Trailer in Front Driveway, Subd: SOUTH HIGHLANDS HIGH SCHOOL Block: 3
Lot: 9, known as 607 W Church Street, Fujishin/Owner.
Attached: (A) Application; (B) Staff Summary; (C) Letter Notifying Surrounding Property Owners; (D) Chaves
County Assessor’s Map Identifying Properties with the Notification Area; (E) List of Property Owners Notified
4. PROPOSED TEXT AMENDMENT TO THE CITY’S ZONING ORDINANCE TO BE
CONSIDERED: Consideration of Recommending Approval for Creation of a
New Zoning District under ARTICLE 18: CO-1 COMMERCIAL OFFICE DISTRICT:
5. PROPOSED TEXT AMENDMENT TO THE CITY’S ZONING ORDINANCE TO BE
CONSIDERED: Consideration of Recommending Approval for Creation of
eight RESERVE ARTICLES and to Renumber Articles following ARTICLE 18
incorporating new Reserve Articles in the Zoning Ordinance.
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: August 17, 2016
Planning & Zoning Commission Agenda 1 August 23, 2016
Roswell Planning & Zoning Commission Minutes
Tuesday, July 26, 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 6:02 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 ABSENT
Staff Members Present: Merideth Hildreth, AICP, Current Planning Administrator;
and William Morris, AICP, CZO, Planning Manager; Louis Najar, P.E., Director of
Planning & Engineering
Audience Members Present: Albert Ortega, City Councilor Jason Perry, Larry
Connolly.
C. SWEARING IN: Chair Brown swore in staff and members of the audience.
D. APPROVAL OF THE AGENDA
MOTION to Approve the Agenda as written by Commissioner Gross.
Second by Commissioner Childress.
The motion passed by a vote of six to zero.
E. MINUTES: Consider approval of the June 28, 2016 minutes.
Commissioner Childress pointed out that the spelling of Sherrill Lane was
incorrect in the first paragraph and would like it corrected.
MOTION to Approve the June 28, 2016 Minutes as corrected by
Commissioner Childress.
Second by Commissioner Storey.
The motion passed by a vote of six to zero.
Planning & Zoning Commission July 26, 2016 Minutes
Page 1 of 7
F. PUBLIC HEARING ITEMS:
1. CASE 16-09 (ZC): A Request for Zone Change from MHC to C-2, Lot 1 of VILLA
MOBILE HOME PARK SUMMARY PLAT, known as 301 East 19th Street,
Mellgren/Owner.
Motion to Waive the Reading of the Finding of Facts with Respect to Case
16-10 by Commissioner Armstrong.
Second by Commissioner Storey.
The motion passed by a vote of six to zero.
Mr. Morris: This is a request to change zoning from mobile home(MHC), to C-2 to
create medical, possibly out-patient surgical center. Site development criteria will
involve construction of a wall at rear of property. Staff determined this is
consistent with area and recommend approval of zoning change.
Commissioner Gross: Asked Mr. Najar his opinion of the project.
Mr. Najar: We are excited about this development. The project will have to turn in
a drainage plan, sidewalk plan, and total site development plan. I agree with Bill
that it is compatible with the development of commercial and office on 19th.
Chair Brown: Is there anyone wishing to speak in favor of 16-09?
There were none who spoke.
Chair Brown: Is there anyone wishing to speak against or have comments
or questions regarding Case 16-09?
There were none who spoke.
MOTION: CASE 16-09
Commissioner Storey made a motion to approve Case 16-09 based on
finding of facts, testimony provided, and staff comments.
Second by Commissioner Childress.
The motion passed by a vote of six to zero.
Planning & Zoning Commission July 26, 2016 Minutes
Page 2 of 7
2. CASE 16-10 (CUP): A Request for Conditional Use Permit, Lot 7 of FARM
SUBDIVISION, known as 913 Davidson Drive, Ortega/Owner.
Motion to Waive the Reading of the Finding of Facts with Respect to Case
16-10 by Commissioner Armstrong.
Second by Commissioner Childress.
The motion passed by a vote of six to zero.
Chair Brown: Is there anyone wishing to speak in favor of 16-10?
Sonia Ortega, residing at 913 Davidson Drive: Asked to approach the dais to
present a letter she wrote and photos she wanted to show the Commission.
Mr. Morris: There is also a letter on the dais in front of you that is retracting an
earlier letter of objection.
Mrs. Ortega: I am seeking to get licensed for up to 12 children for child care (in
my home). I have four (4) children of my own. That’s the reason I want to
increase to twelve (12). I will have more children, but the same amount of traffic.
The neighbor (who originally protested) thought I was going to open a center like
the one down the street. In the past, I watched up to eight (8) children in my
home, but he was not aware of it. He said it wasn't much difference if four (4) of
the children are yours. I'm not going to have twelve (12) extra children above
mine.
Commissioner Armstrong: In the paragraph you wrote that you plan to extend
parking.
Mrs. Ortega: Earlier in the year, we got a bid from a contractor to increase the
driveway. If I'm able to get approved, I can afford to make the driveway bigger.
Commissioner Armstrong: Is it easy access to the area in the back?
Mrs. Ortega: Yes, for ourselves. Not for clients.
Commissioner Taylor: I want clarification on parking. Will clients park in back?
Mrs. Ortega: No. It is a ten-minute drop-off time frame (in the front).
Commissioner Taylor: According to the law, it looks like you will need five (5) off-
street spaces.
Mr. Morris: The concern we always have for daycares is pick-up and drop-off
hours. It is a strange location, in a kind of cul-de-sac on a pie shaped lot. Staff
recommendation is that we look at and monitor the site - with cars coming and
going and not staying all day. Monitor extending the driveway.
Planning & Zoning Commission July 26, 2016 Minutes
Page 3 of 7
Mrs. Ortega: The extension will create up to three (3) spaces in the front and
removal of the fence in front.
Mr. Morris: Staff will support looking at this over a specific period of time with the
City Engineer. Staff could support this with a review time.
Commissioner Taylor: This is a tough (decision) with this site. I’m concerned
about the parking. If staff recommends looking at this and giving it a try.
Mr. Najar: I’m very concerned about drop-off and pick-up and traffic. Mrs. Ortega,
are you saying that you and your family and staff will park in the back?
Mrs. Ortega: The young lady who will be helping me part time will be dropped-off
or picked-up and will not be parking on the site in the front or back.
Mr. Najar: Your helper has two (2) kids?
Mrs. Ortega: She has two (2) children of her own she will be bringing. There’s a
neighbor with three (3) children, and a family member who has three (3) children.
Three different vehicles will pick-up and drop-off.
Commissioner Taylor: (In the Code), Parking (for this use) is three (3) plus one
(1) per three (3) children, that would be seven (7) spaces.
Mrs. Ortega: We could fit up to nine (9) cars.
Commissioner Taylor: The code is probably conservative. I believe the code is
very conservative.
Mr. Najar: Mrs. Ortega, how soon would you widen the driveway? (Place) family
and staff parking in rear. We will evaluate at one (1) month and at six (6) months
on how it is going, and that at six (6) months you will follow through (with
increasing the front drive pad). Do you have your permit (Childcare Permit from
the State)?
Mrs. Ortega: I passed the city inspections from the Fire Marshall, FBI
background, and was waiting for this approval before the final step.
Commissioner Storey: You may consider creating a circular drive, but not certain
you have the room.
Mrs. Ortega: My husband and I talked about that. We would be fine with that.
Chair Brown: any other questions? Thank you very much.
Anyone else wishing to speak in favor of 16-10.
Planning & Zoning Commission July 26, 2016 Minutes
Page 4 of 7
Chair Brown: There was a lot of talking going on regarding reviews.
Mr. Morris: We recommend a one (1) month review and a six (6) month review for
the paving. I agree with the eyebrow pull through but may be a tight geometry.
Commissioner Gross: I think we are addressing a parking issue six (6) months
from now and need to address parking now.
Mr. Najar: Staff and I are trying to be compassionate for their economic needs.
It’s up to the commission.
Commissioner Gross: We can address this to her situation specifically?
Mr. Najar: That is correct. Her kids could grow up and she would have twelve (12)
individual kids. I understand what she is trying to do, and I agree a better
situation could be found somewhere else.
Chair Brown: If this is passed, there are some checks and balances that have to
be fulfilled.
Mrs. Ortega: One more thing I didn't mention. At the first of the year, we were
looking to find a commercial property. Once our income is steady, our goal is to
get into a commercial property within two (2) years.
Chair Brown: Is there anyone wishing to speak against or have comments
or questions regarding Case 16-10?
There were none who spoke.
Chair Brown: Appeals are due in writing before noon on Thursday. The decision
(made by this Commission) can be appealed to City Council.
MOTION: CASE 16-10
Commissioner Armstrong made a motion to approve Case 16-10 with
restrictions of Staff site visits initially during the first month and every
month during the first year and every quarter thereafter, and paved parking
in the front yard for three vehicles within six months, based on finding of
facts and testimony given with the stipulation of working with the City if
there are issues with parking.
Second by Commissioner Storey.
The motion passed by a vote of six to zero.
Planning & Zoning Commission July 26, 2016 Minutes
Page 5 of 7
G. OTHER BUSINESS
1. Discussion of Proposed Text Amendment to Create Office Zoning
District (non-action item).
Mr. Morris: Mr. Chairman, Commissioners, I’ve been looking through the zoning
code and it appears to me we are missing an office district. You have a hand out
that provides some scenarios for including Office Districts.
Offices are usually a daytime use between 8 a.m. and 5 p.m. Offices are the type
of uses that can serve as a buffer between commercial and residential.
Exhibit Two is a common scenario to step down from Commercial to Residential
density. Retail uses often go into the evening.
In some planning agencies, this is called feathering or transitioning. Office is
usually a day-time use while people are away at work during the day.
We have blocks of residentially zoned districts that have some properties that
want to create office type uses. We don’t want to plop commercial zones down in
residential zones. There are properties in R-2 and R-3 that could be developed
for 20,000 or 30,000 square foot office space. These offices could be designed to
be compatible with surrounding residential.
Mr. Morris read a list of types of uses typically found in Office zoning districts.
Commissioner Armstrong: Personally, I know where you are coming from with
this. As realtors, we are encountering this right now. Homes in the downtown
historic district are being converted into office space.
Lubbock is an example. One thing that businesses do is keep property values
higher. I’m for this because I think I know where we need to go in the future with
this. It flows well, and I think it makes sense.
Mr. Morris: An Office District is a tool in the (planning and zoning) toolkit. An area
surrounded by residential can have office projects that look more like residential.
Commissioner Taylor: I like this idea (of a Business District) as well, and we need
it in the zoning code. What became apparent to me is the need for design,
parking and circulation and maybe (the code needs to provide) a little lengthy
and detailed (description) so we can develop these zones the way we want to.
Chair Brown: What do we need to do?
Mr. Morris: Just a general nod (to proceed with developing code for a text
amendment to the Zoning Ordinance).
Chair Brown: Go forth.
Planning & Zoning Commission July 26, 2016 Minutes
Page 6 of 7
H. PUBLIC COMMENTS
Mr. Najar: During August and September, we are repairing the pedestrian bridge
at the Roswell Museum and Art Center (RMAC). You will need to enter through
the (Eleventh) Street side (for the August and September Planning & Zoning
Commission meetings).
You know we have an interim city manager who will be leaving at the end of
August. The City is going to hire a professional temporary firm while a search is
underway.
Until we have a full time city manager, we are going to slow down on code and
ordinance changes, because the flag bearer will be the city manager.
I want to give you kudos on the process tonight –on the way you read the packet
and the ordinance and work with staff.
The City Attorney (Bill Zarr) is leaving in August. (Last day was August 2, 2016).
Deanna Phillips, Director of Public Affairs, is leaving on August 15.
Interim City Manager, Jonathan Phillips, is leaving at the end of August.
Staff will continue to try to do the best for the City and stay professional, and stay
technical.
Commissioner Storey: Merideth, please remind us to use the (Eleventh) Street
entrance at the next meeting.
I. ADJOURN
The meeting adjourned at 6:47 p.m.
Planning & Zoning Commission July 26, 2016 Minutes
Page 7 of 7
EXHIBIT A: APPLICATION CASE 16-11 (VAR)
EXHIBIT B: STAFF SUMMARY FOR CASE 16-11 (VAR)
220 East 2nd Street
Roswell Planning & Zoning Commission
Tuesday, AUGUST 23, 2016
Bassett Auditorium, Roswell Museum and Art Center
100 West 11th Street
APPLICATION: CASE 16-11 (VAR): A Request for a Variance to Post an Off-
Premise Sign within one-thousand (1000) feet of Existing
Billboards.
Legal Description: Subd: ORIGINAL ROSWELL Block: 15 Lots:1, 2, & 3
Owner: Blue sky Property Holdings, LLC
Agent: Court Nichols
Site Address: 220 East Second Street
Request: Request for Off-Premise Sign to be located at 220 East 2nd
Street to advertise a business at 301 North Railroad Avenue.
II. Site data:
Site Area: 25,740 ± square feet in ORIGINAL ROSWELL SUBDIVISION
UPC: 4136062099006000000 (Lot 1, 2, & 3)
Existing Land Use: Industrial – (space leased by Roswell Baseball Institute)
Proposed Land Use: Will retain same Industrial use
Existing Zoning: I-1
Table 1: Adjacent Existing Land Use and Zoning
Direction: Land Use: Zoning:
North Light Industrial – Vacant north side of 2nd Street I-1
South Utility – S W P S I-1
East Office C-3
West Rail Road & Industrial I-1
Planning & Zoning, 16-11 Page 1 of 5 August 23, 2016
Chaves County Assessor’s Map – CASE 16-11 (VAR)
*301 E 19th
*
E 19th Street
Zoning Map – CASE 16-11 (VAR) – 220 East 2nd Street
*
*
Planning & Zoning, 16-11 Page 2 of 5 August 23, 2016
III. Intent of Petition:
The applicant is requesting a Variance in Zoning to post a large off-premise sign on the
west-facing building façade at 220 East 2nd Street. This sign is located within one-thousand
(1,000) feet of two other off-premise signs on the same side of the street (East 2nd). The sign
will be located on the owner/agent’s property to advertise the location of another
property/business owned by the same. One existing billboard is located on the southeast
corner of East 2nd Street and Lincoln Avenue approximately six-hundred forty (640) feet from
The other billboard is located on the southwest corner of East 2nd Street and Virginia Avenue
approximately three-hundred sixty-three (363) feet from the off-premise sign at 220 East 2nd
Street. The owner/agent is requesting this variance in order to legally place this off-premise
sign.
PHOTO OF OFF-PREMISE SIGN – CASE 16-11 (VAR)
Planning & Zoning, 16-11 Page 3 of 5 August 23, 2016
IV. Land Use and Zoning Considerations:
1. This property, located at 220 East 2nd Street, is a metal industrial building and is
zoned I-1 (Light Industrial) This property is located in an industrial area.
2. The eight by sixteen (8X16) foot one-hundred twenty-eight (128) square foot off-
premise sign is attached to the western facing building façade beneath an existing
on-premise sign.
3. ARTICLE 26: Signs of the City of Roswell Zoning Ordinance states the following:
Section 10: General Rquirements for Sign Placement and Operation.
B. Off-Premise Outdoor Advertising or Billboard Signs:
1. Non-digital billboards signs shall be separate a minimum of 1,000 feet from each
other or a digital billboard sign, along the same side of the same street, measured
center-to-center between signs.
4. ARTICLE 4: Definitions, Section 2: Definitions of the City of Roswell Zoning
Ordinance provides the following.
Sign. Any item or structure used to display a visual image, message, or advertising
on any building, structure, or surface produced by the construction, erection,
attachment, or placement of a structure or object on any land or on any other
structure.
Billboard Sign. A large outdoor sign in commercial/industrial districts or along
highways constructed for the sole purpose of being rented for advertisement.
On-Premise Sign. A sign advertising the business or activity located on the same
property.
Off-Premise Sign. (The code does not provide a definition for off-premise sign.)
Wall Sign. A sign which (is) attached flush to or erected on the exterior of a wall which
advertises the business or activity located inside the structure or on the same
property.
5. The off-premise sign advertises a business located on Railroad Avenue between 3rd
and 4th Streets.
6. The owner/agent is requesting a Variance for the off-premise sign at 220 East Second
in order to be able to legally advertise the business on Railroad Avenue. This off-
premise sign was displayed several months ago. The City’s Planning & Engineering
Department asked for removal of this off-premise sign since it was considered non-
conforming to the code’s requirement of placing billboards 1,000 feet apart. The
owner/agent removed the sign.
Planning & Zoning, 16-11 Page 4 of 5 August 23, 2016
7. The owner/agent has an off-premise sign on the north side of the street that is painted
on the Paint & Body Shop eastern facing façade at 401 East 2 nd Street (northeast
corner of Railroad Street and East 2nd Avenue). The adjacent property owner to the
east of this building has placed an on-premise sign on their property, thus blocking
the view of the adjacent off-premise sign.
V. Findings of Fact (Conclusions of Law):
1. A notice of the time and place of the public hearing for this case was published in the
Roswell Daily Record at least fifteen (15) days prior to the date of this hearing.
2. Notification of the public hearing was mailed via certified mail with return receipt
requested to property owners of record, as shown by the Chaves County Assessor,
with lots or land within one-hundred (100) feet of the area under consideration,
excluding public rights-of-way.
3. This agenda which includes this case has been posted at City Hall and on the City of
Roswell’s website for over seventy-two (72) hours as required by State of New Mexico
law for a public hearing.
4. As of the time of this writing, there have been zero (0) written and zero (0) verbal
protests received by the Planning & Zoning Office.
VI. Staff Recommendation:
Based on the current findings of fact, the size of the sign, the City’s support of
redeveloping the Railroad District, the owner/agent’s need for signage on 2 nd Street
for the business on an internal street in the Railroad District, Staff recommends
approval of the requested variance for an off-premise sign within 1,000 feet of two
Billboards on the same side of East 2nd Street.
VII. Action by the Planning & Zoning Commission:
The Planning and Zoning Commission shall make a motion to approve or deny this
application based on these Findings of Fact, information provided in the Staff
Summary and packet, and material introduced at the hearing.
Planning & Zoning, 16-11 Page 5 of 5 August 23, 2016
EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 16-11
LETTER SENT VIA CERTIFIED MAIL ON AUGUST 5, 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
August 5, 2016
RE: PUBLIC HEARING NOTICE for CASE 16-11: 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 16-11. The
Property Owner is requesting a Variance to install an Off-Premise sign at 220 East Second Street
within one thousand (1,000) feet of other off-premise signs or billboards located on the south side
of East 2nd Street.
PROPERTY LOCATION: 220 East 2nd
LEGAL DESCRIPTION: Subd: ORIGINAL ROSWELL Block: 15 Lot 1 AND: - Lot 2 AND: - Lot 3 N 30 FT
OWNER OF PROPERTY: Blue Sky Property Holdings, LLC
ZONING DISTRICT: I-1
The City of Roswell Planning and Zoning
Commission will hear public comments
on the above case on TUESDAY, AUGUST
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. PLEASE ENTER MUSEUM THROUGH THE COURT YARD ON 11TH STREET
MAIN ENTRANCE CLOSED DUE TO PEDESTRIAN BRIDGE CONSTRUCTION
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 at 415 North Richardson
Avenue, 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, August 17, 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 D: CASE 16-11 VAR – CHAVES COUNTY ASSESSOR’S MAP IDENTIFING PROPERTY
UNDER CONSIDERATION FOR A VARIANCE AND PROPERTIES WITHIN NOTIFICATION AREA
11 9
12 10 8 13
1 6
3
4
2 7
5
EXHIBIT E: LIST OF PROPERTY OWNERS NOTIFIED FOR CASE 16-11 (VAR)
1. Blue SKY PROPERTY HOLDINGS, LCC 11. SMITH REVOCABLE TRUST;GEORGE
OR PROPERTY OWNER &ALICE B TRUSTEES
423 E. 2ND OR PROPERTY OWNERS
ROSWELL, NM 88201 3108 N. MONTANA AVE
ROSWELL,NM 88201
2. SWPS
OR PROPERTY OWNER 13. CATER, GARY & SUSIE
P. O. BOX 840 OR PROPERTY OWNER
DENVER, CO 802010840 507 E. 3RD ST
ROSWELL,NM 88201
3&4. TRES H LLC
OR PROPERTY OWNER
P. O. BOX 936
ROSWELL, NM
5. GUERRA,FABIOLA E
OR PROPERTY OWNER
935 DAVIDSON DR
ROSWELL,NM 88203
6&7. BREWER OIL CO
OR PROPERTY OWNER
P.O BOX 1347
ARTESIA, NM 882111347
8&9. NESSELRODT, ROBERT I lll
OR PROPERTY OWNER
309 N. VIRGINIA AVE
ROSWELL,NM 88201
10&12. DESERT SAND ENTERPRISE ,LLC
OR PROPERTY OWNER
506 DEARMEADOW PL SW
LEESBURG, VA 20175 Page 1 of 1
EXHIBIT A: APPLICATION FOR CASE 16-12 (CUP)
EXHIBIT B: STAFF SUMMARY FOR CASE 16-12 (CUP)
1005 South Atkinson Avenue
Roswell Planning & Zoning Commission
Tuesday, AUGUST 23, 2016
Bassett Auditorium, Roswell Museum and Art Center
100 West 11th Street
APPLICATION: CASE 16-12 (CUP): A Request to Operate a Dirt
Track for Stock Car Racing and other Motor Sport Events in I-1 Zoning District
Legal Description: Subd: TOWNSEND SUMMARY PLAT Lot: A Quarter: SW S: 4
T: 115 R: 24E Bk: 703 PG: 1497 REC
Owner: Steve Therrien
Agent: Larry C. Parker
Site Address: 1005 South Atkinson Avenue
Request: Request for Conditional Use Permit Operate a Dirt Track
for Stock Car Racing and other Motor Sport Events in I-1
Zoning District
II. Site data:
Site Area: 25.3336 ± acres in TOWNSEND SUMMARY PLAT
UPC: 4137062092401000000 (Lot A)
Existing Land Use: Industrial and Storage (Was originallyAgriculture)
Proposed Land Use: Dirt Track for Stock Car Racing and Motor Sports
Existing Zoning: I-1
Table 1: Adjacent Existing Land Use and Zoning
Direction: Land Use: Zoning:
North Residential – Single Family R-3
South Residential – Single Family R-3
East Agriculture – in the County (outside City Limits) County
West Industrial I-1
Planning & Zoning, 16-12 Page 1 of 10 August 23, 2016
Zoning Map – CASE 16-12 (CUP)
*
III. Intent of Petition:
The applicant is requesting a Conditional Use Permit to operate a Dirt Track for Stock Car
Racing and other Motor Sport Events including Motor-Cross, Mud Bogs, Tractor and Truck
Pulls.
IV. Land Use and Zoning Considerations:
1. This property, located at 1005 South Atkinson Avenue, is approximately twenty-five
(25) acres. This parcel is located within the City limits and adjacent to the City
boundary line (on the east). It is zoned I-1 (Light Industrial). Several large metal
structures, historically used for agriculture, are constructed on site. The Dirt Track is
located on the northern portion of this “T-shaped” property. The entrance is on the
east off of Atkinson Avenue. The Dirt Track already has stands for spectators and a
fence separating spectator seating from the track. Some events have been held on
site.
Planning & Zoning, 16-12 Page 2 of 10 August 23, 2016
Chaves County Assessor’s Map of Property – CASE 16-12 (CUP)
*
2. Residentially zoned lots are adjacent to the property on the north. The nearest
existing residential structure in this R-3 Zone is located on Hinkle Street
approximately three-hundred ninety (390) feet north of the northern property line.
CULLEN SUBDIVISION is platted, but to date, no development has occurred. There
are residential structures in the 1500 Block on East Bland and the northern lots of
Hinkle Street.
Planning & Zoning, 16-12 Page 3 of 10 August 23, 2016
Residential Area North of Subject Property’s Northern Boundary Line
*
3. Developed residentially zoned lots abut the property line on the south. The Dirt Track
“area” is located approximately six-hundred fifty (650) feet from this R-3 residential
neighborhood adjacent to the southern property line.
Residential Area South of Subject Property’s Southern Boundary Line
*
Planning & Zoning, 16-12 Page 4 of 10 August 23, 2016
4. The entrance to the subject property is from Atkinson Avenue. The abutting properties
on the north and south that also front Atkinson Avenue are zoned I-1. The property
on the west side of Atkinson Avenue is also zoned I-1.
5. The subject property’s eastern boundary abuts agricultural property that is outside
the City Limits in Chaves County. This property is irrigated agricultural land.
5. The City of Roswell’s Zoning Ordinance ARTICLE 18: I-1 LIGHT INDUSTRIAL
governs the I-1 zoning districts. Section 1. Purpose states:
This district is intended to provide for light manufacturing, fabrication,
assembly/disassembly, processing, and treatment activities conducted in a
manner not detrimental to the rest of the community by reason of emission or
creation of noise, vibration, smoke, dust or other particulates, toxic or noxious
materials, odors, fire, explosive hazards, glare, or heat.
V. Findings of Fact (Conclusions of Law):
1. A notice of the time and place of the public hearing for this case was published in the
Roswell Daily Record at least fifteen (15) days prior to the date of this hearing.
2. Notification of the public hearing was mailed via certified mail with return receipt
requested to property owners of record, as shown by the Chaves County Assessor,
with lots or land within one-hundred (100) feet of the area under consideration,
excluding public rights-of-way.
3. This agenda which includes this case has been posted at City Hall and on the City of
Roswell’s website for over seventy-two (72) hours as required by State of New Mexico
law for a public hearing.
4. The City’s future land use map indicates this parcel for Light Industrial. It is currently
zoned I-1 (Light Industrial). The County’s future land use map indicates the parcel to
the east (in the county) for Irrigated Agriculture.
5. As of the time of this writing, there have been one (1) written and zero (0) verbal
protests received by the Planning & Zoning Office. There have been two (2) letters
received in affirmation of the use.
6. Staff has provided recent photographs of the existing site conditions in this Staff
Summary.
7. On June 19, 2014, the City of Roswell issued a Business License to the Hooraw Event
Center to hold Mud Bogs on site.
Planning & Zoning, 16-12 Page 5 of 10 August 23, 2016
8. The agent has provided a plan for the site and an email listing safety items (see plan
and email below).
Site Amenities Provided by Applicant
Planning & Zoning, 16-12 Page 6 of 10 August 23, 2016
Planning & Zoning, 16-12 Page 7 of 10 August 23, 2016
Photos of Existing Site – Taken 8.16.2016 by P&Z Staff
Planning & Zoning, 16-12 Page 8 of 10 August 23, 2016
Planning & Zoning, 16-12 Page 9 of 10 August 23, 2016
VI. Staff Recommendation:
Staff recommends Approval of a Conditional Use Permit for Case 16-12 to construct
a Dirt Track for events with the provisions listed below being met.
a. Provide structural analysis and plans of the guardrail and fencing and other
structures to protect spectators and from crashes.
b. Provide documentation and Engineering Analysis that the Spectator Area and
perimeter fencing can withstand crashes at high speeds and protect property on
the other side of the fencing.
c. Provide plan for Mitigation of Noise including sections for vehicles, loud speakers,
etc.
d. Provide plan for Mitigation of Smoke and Dust.
e. Provide Engineering Plans for Paved Parking.
f. Provide Striping Plan for Paved Parking Area(s) – including ADA stalls.
g. Provide Traffic and Circulation Plan.
h. Provide Plans for ADA Accessible Restroom Facilities.
i. Provide Plans for Concession Area.
j. Provide Signage Plan including wayfinding signs on site.
k. Provide information on race track organization sanctions or rules and regulations
for racing/events.
l. Provide safety requirements for race track operation and for vehicles and drivers
including safety equipment.
m. Provide insurance policy information for the track and events.
n. Provide anticipated schedule and hours of operation.
VII. Action by the Planning & Zoning Commission:
The Planning and Zoning Commission shall make a motion to approve, deny, or table
this application based on these Findings of Fact and material introduced at the
hearing.
Planning & Zoning, 16-12 Page 10 of 10 August 23, 2016
EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 16-12 (CUP)
LETTER SENT VIA CERTIFIED MAIL ON AUGUST 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
August 8, 2016
RE: PUBLIC HEARING NOTICE for CASE 16-12: Application for a Conditional Use Permit
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 16-12. The
Property Owner is requesting a Conditional Use Permit to operate a Dirt Track for Stock Car Racing
and Motor Sports Events including Motor-Cross, Mud Bogs, Tractor and Truck Pulls.
PROPERTY LOCATION: 1005 South Atkins Avenue
LEGAL DESCRIPTION: Subd: TOWNSEND SUMMARY PLAT Lot: A Quarter: SW S: 4 T: 11S R: 24E BK: 703 PG 1497 REC
OWNER OF PROPERTY: Therrien, Steve
ZONING DISTRICT: I-1
The City of Roswell Planning and Zoning
Commission will hear public comments
on the above case on TUESDAY, AUGUST
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. PLEASE ENTER MUSEUM THROUGH THE COURT YARD ON 11TH STREET
MAIN ENTRANCE CLOSED DUE TO PEDESTRIAN BRIDGE CONSTRUCTION
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 at 415 North Richardson
Avenue, 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, August 17, 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 D: CASE 16-12 CUP – CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER
CONSIDERATION FOR A CONDITIONAL USE PERMIT AND PROPERTIES WITHIN NOTIFICATION AREA
10 8 6 4 3 2
9
7 1 5
11
1 1 1 1 1
1 1 1
12
1
13
1
14
34 15
1 36
16 1
1 1
133 1
17
1 1
1
1
1 18
21 23 25 27 29 31
191 32
20 22 24 26 28 30 35
1 1 1 1 1 1
1 1
1 1 1 1 1 1 1
EXHIIT E: LIST OF PROPERTY OWNERS NOTIFIED FOR CASE 16-12 (CUP)
1. THERRIEN,STEVE
OR PROPERTY OWNER
5004 CALUMET
ROSWELL, NM 88201 14&15. CANDELARIA, RUDY
OR PROERTY OWNER
P. O. BOX 593
ROSWELL, NM 88202
2&36. PIRTLE FARMS LIMITED
OR PROPERTY OWNER
3001 W. MC GAFFEY 16. CATTLE FEEDS, LTD
ROSWELL, NM 88203 OR PROPERTY OWNER
P .O. BOX 8178
ROSWELL, NM 88203
3. JUAREZ, HILARIO, LILLY/ETAL
OR PROPERTY OWNER
706 S. HINKLE AVE 17. THERRIN, STEVE
ROSWELL, NM 88203 OR PROPERTY OWNER
5001 CALUMET RD
ROSWELL, NM 88201
4-8. CULLEN-PARKER, VICKI L
OR PROPERTY OWNER
1508 E BLAND ST 18. TUSCANY WEST, LLC
ROSWELL, NM 88201 OR PROPERTY OWNER
P. O. BOX 1422
RUIDOSO, NM 88355-1422
9. ORNELAS, YOLANDA
OR PROPERTY OWNER
605 GREENBRIER 19. SANCHEZ, PAUL; LUJAN, ARMIRA
ROSWELL, NM 88203 OR PROPERTY OWNER
P. O. BOX 3324
ROSWELL, NM 88202
10. GOODPASTURE FAMILY LTD
OR PROPERTY OWNER 20. LUJAN, ANDREA
4845 RIVER HEIGHTS DR OR PROPERTY OWNER
LAS CRUCES, NM 88007 1319 E HOAGLAND
ROSWELL, NM 8803
11. ORNELAS, ISMAEL S
OR PROPERTY OWNER 21. A&M RENTALS, LLC
605 GREENBRIER OR PROPERTY OWNER
ROSWELL, NM 88203 P.O. BOX 4283
ROSWELL, NM 88202
12. FINNEY, HERBERTE; LEANDRA J
OR PROPERTY OWNER 22. GUTIERREZ, FILADELFIO
3904 LA JOYA RD OR PROPERTY OWNER
ROSWELL, NM 88201 615 E CHERRY ST
ROSWELL, NM 88201
13. ABRAHAM’S CONSTUCTION
OR PROPERTY OWNER 23. GUTIERREZ, DANIEL; ROBERT
7707 BROADAY BLVD OR PROPERTY OWNER
ALBUQERQUE, NM 87105 615 E CHERRY ST
ROSWELL, NM 88201
EXHIIT E: LIST OF PROPERTY OWNERS NOTIFIED FOR CASE 16-12 (CUP)
24. PRUDENCIO, ALVINAL; JUAN B 34. ALPHA BUILDING MATERIALS
OR PROPERTY OWNER OR PROPERTY OWNER
1401 E HOAGLAND ST P.O. BOX 177
ROSWELL, NM 88203 ROSWELL, NM88202
25. HAWTHORNE, ASHLEE DAWN 35. NATURE’S DAIRY INC
OR PROPERTY OWNER OR PROPERTY OWNER
3521 N ALTUROS AVE P.O. BOX 5820
ODESSA, TX 79764 ROSWELL, NM 88202
26. KENNEDY, TOM
OR PROPERTY OWNER
1405 E HOAGLAND ST
ROSWELL, NM 88203
27. LOPEZ, JAUN CARLOS
OR PROPERTY OWNER
52443 CALLE AVILA
COACHELLA, CA 92236
28. DENNIS, E L; RONALD W
OR PROPERTY OWNER
20 HARTFORD RD
DEXTER, NM 88230
29. PENDERGRAFT, SAMMY; RITA
OR PROPERTY OWNER
1411 E HOAGLAND ST
ROSWELL, NM 88203
30. WEIMER, LE ROY
OR PROPERTY OWNER
323 E HERVEY ST
ROSWELL, NM 88203
31&32. GREENUP, THERESA A
OR PROPERTY OWNER
2595 PARKLANE DR
BOSQUE FARMS, NM 87068
33. ORTEGA, ERNES; ANDREW, ELOY & ROBERT
OR PROPERTY OWNER
708 E BLAND ST
ROSWELL, NM 88203
PAGE 2 of 2
EXHIBIT F: CASE 16-12 (CUP) EXAMPLES OF TRACK PHOTOS PROVIDED BY APPLICANT
(THE SITE DOES NOT LOOK LIKE THIS AT THIS TIME)
EXAMPLE
Photos of A Different Track’s Spectator Stand, Guard Rail, Fence
Provided by Applicant
EXHIBIT G: CASE 16-12 (CUP) LETTER OF OPPOSITION
EXHIBIT H: CASE 16-12 (CUP) LETTER OF AFFIRMATION (1 OF 2)
EXHIBIT H: CASE 16-12 (CUP) LETTER OF AFFIRMATION (2 OF 2)
EXHIBIT A: APPLICATION CASE 16-13 (CUP)
EXHIBIT B: STAFF SUMMARY FOR CASE 16-13 (CUP)
607 West Church Street
Roswell Planning & Zoning Commission
Tuesday, AUGUST 23, 2016
Bassett Auditorium, Roswell Museum and Art Center
100 West 11th Street
APPLICATION: CASE 16-13 (CUP): A Request for Conditional Use Permit to
Park Boat with Trailer in Front Driveway
Legal Description: Subd: SOUTH HIGHLANDS HIGH SCHOOL Block: 3 Lot: 9 BK:
761 PG: 09 WDJT
Owner: Christopher Fujishin & Teresa Fujishin
Agent: Same as Above
Site Address: 607 West Church Street
Request: Request for Conditional Use Permit to park twenty-three (23)
foot long Boat with Trailer in Front Driveway
II. Site data:
Site Area: 8900 square feet in SOUTH HIGHLANDS HIGH SCHOOL
SUBDIVISION
UPC: 4135063339345000000 (Lot 9 of Block 3)
Existing Land Use: Single Family Residential
Proposed Land Use: Will retain same residential use
Existing Zoning: R-1
Table 1: Adjacent Existing Land Use and Zoning
Direction: Land Use: Zoning:
North Single Family Residential R-1
South Single Family Residential R-1
East Single Family Residential R-1
West Single Family Residential R-1
Planning & Zoning, 16-13 Page 1 of 6 August 23, 2016
Chaves County Assessor’s Map – CASE 16-13 (CUP)
S Lea Ave
Zoning Map – CASE 16-13 (CUP)
Planning & Zoning, 16-13 Page 2 of 6 August 23, 2016
III. Intent of Petition:
The applicant is requesting a Conditional Use Permit to Park a Boat with Trailer in Front
Driveway.
IV. Land Use and Zoning Considerations:
1. This property, located at 607 West Church Street, is a single-family residence zoned
R-1. This property is located in a single-family residential neighborhood.
2. This property is served by an alley. However, a concrete block wall in the rear of the
lot does not have a large enough gate to allow parking of the boat in the rear yard.
3. The lot has an eighty-nine (89) foot frontage and is one-hundred (100) feet deep.
4. The Drive Pad is thirty (30) feet long by twenty-two (22) feet wide according to the
applicant. The end of the boat trailer is approximately seven (7) feet from the back of
sidewalk according to the applicant.
Aerial – CASE 16-13 (CUP)
Planning & Zoning, 16-13 Page 3 of 6 August 23, 2016
Google Earth Street View – CASE 16-13 (CUP)
Photo of Property with Boat Taken 8.16.2016 by P&Z Staff
Planning & Zoning, 16-13 Page 4 of 6 August 23, 2016
V. Findings of Fact (Conclusions of Law):
1. A notice of the time and place of the public hearing for this case was published in the
Roswell Daily Record at least fifteen (15) days prior to the date of this hearing.
2. Notification of the public hearing was mailed via certified mail with return receipt
requested to property owners of record, as shown by the Chaves County Assessor,
with lots or land within one-hundred (100) feet of the area under consideration,
excluding public rights-of-way.
3. This agenda which includes this case has been posted at City Hall and on the City of
Roswell’s website for over seventy-two (72) hours as required by State of New Mexico
law for a public hearing.
4. The future land use map indicates this parcel for residential. It is currently zoned R-
1.
5. As of the time of this writing, there have been zero (0) written and zero (0) verbal
protests received by the Planning & Zoning Office.
6. City of Roswell Code Enforcement cited the Property owner for having a “boat parked
in the front yard area within the 25 foot front yard setback, on the property at 607 W.
Church St. Notification had been sent on 07/20/2016. This same property was
checked for compliance on 08/02/2016 and the situation is still the same.” “Contrary
to City Code(s) Zoning Ordinance 10-02, Article 14, Section 2A.
7. In order to remedy the situation and to legalize the parking of the boat with trailer in
the driveway with the front yard setback, the Applicant has requested a Condition Use
Permit per ARTICLE 13: LOCATIONS OF MOBILE HOMES, TRAVEL TRAILERS,
RECREATIONAL, AND/OR OVERSIZE VEHICLES OUTSIDE OF APPROVED
DISTRICTS; Section1. Use Regulations
B. Conditional use permit. Parking of an oversize trailer, travel trailer,
recreational vehicle, or boat in the required front or side yard is permitted with a
conditional use permit. A conditional use application shall be completed and
submitted in accordance with Article 3, section 1. The application shall include the
VIN number, make/model, year, insurance, and external dimensions. A
conditional use permit is only good for the vehicle described in the application and
for the location stated in the required site plan. Conditional use permits are non-
transferable.
8. The applicant did submit the Verification of Insurance with the VIN number
handwritten on the paper that describes the Watercraft and hull identification
number. (This document is on file.)
Planning & Zoning, 16-13 Page 5 of 6 August 23, 2016
VI. Staff Recommendation:
Based on the current findings of fact, the nature of the proposed use, the conditions
of the lot, Staff recommends approval of the requested Conditional Use Permit to park
the boat with trailer, as identified in the Conditional Use Permit Application, in the
Driveway at 607 West Church Street and within the property’s twenty-five (25) foot
front yard setback.
VII. Action by the Planning & Zoning Commission:
The Planning and Zoning Commission shall make a motion to approve or deny this
application based on these Findings of Fact and material introduced at the hearing.
Planning & Zoning, 16-13 Page 6 of 6 August 23, 2016
EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 16-13 (CUP)
LETTER SENT VIA CERTIFIED MAIL ON AUGUST 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
August 8, 2016
RE: PUBLIC HEARING NOTICE for CASE 16-13: Application for a Conditional Use Permit
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 16-13. The
Property Owner is requesting a Conditional Use Permit to park a Boat with Trailer in the front
driveway.
PROPERTY LOCATION: 607 West Church Street
LEGAL DESCRIPTION: Subd: SOUTH HIGHLANDS HIGH SCHOOL Block: 3 Lot: 9 BK: 761 PG: 09 WDJT
OWNER OF PROPERTY: FUJISHIN, CHRISTOPHER & TERESA
ZONING DISTRICT: R-1
The City of Roswell Planning and Zoning
Commission will hear public comments
on the above case on TUESDAY, AUGUST
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. PLEASE ENTER MUSEUM THROUGH THE COURT YARD ON 11TH STREET
MAIN ENTRANCE CLOSED DUE TO PEDESTRIAN BRIDGE CONSTRUCTION
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 at 415 North Richardson
Avenue, 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, August 17, 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 D: CASE 16-13 CUP - CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER
CONSIDERATION FOR A CONDITIONAL USE PERMIT AND PROPERTIES WITHIN NOTIFICATION AREA
8 7 6 5 4
7
9 10 1 2 3
10
11 12 13 14 15
EXHIBIT E: LIST OF PROPERTY OWNERS NOTIFIED FOR CASE 16-13 (CUP)
1. FUJSHIN, CHRIS; TERESA 12. POGAN, DANNY; ROSEMARY
OR PROPERTY OWNER OR PROPERTY OWNER
607 W CHURCH ST P.O. BOZ 1731
ROSWELL, NM 88203 ROSWELL, NM 88202
2. EAKER, MATTHEW; ANNETTE 13. LODOZA, EFREN JR
OR PROPERTY OWNER OR PROPERTY OWNER
605 W. CHURCH ST 606 W CHURCH ST
ROSWELL, NM 88203 ROSWELL, NM 88203
3. MARSHALL, JOSEPH 14. ALMANZA, JIMRAY; YVETTE ORNELAS
OR PROPERTY OWNER OE PROPERTY OWNER
603 W CHURCH ST 604 W CHURCH ST
ROSWELL, NM 88203 ROSWELL, NM 88203
4&5. MARTINEZ, GRATIA 15. MARTINEZ, RAMIRO JR; KERNS, JESSICA
OR PROPERTY OWNER OR PROPERTY OWNER
602 W FRAZIER 602 W CHURCH ST
ROSWELL, NM 88203 ROSWELL, NM 88203
6. RAMIRE, MARTINO; ANNA MAE
OR PROPERTY OWNER
606 W FRAZIER ST
ROSWELL, NM 88203
7. GAVI, JOHN
OR PROERTY OWNER
608 W. FRAZIER ST
ROSWELL, NM 88203
8. POINTS, MIKE; EDIE
OR PROPERTY OWNER
610 W FRAZIER ST
ROSWELL, NM 88203
9. FLORES, MARTIN A
OR PROPERTY OWNER
611 W. CHURCH ST
ROSWELL, NM 88203
10. QUEZADA, EDUARDO; LILIA H
OR PROPERTY OWNER
15124 SALANO CREEK DR
FRISCO, TX 75035
11. KNIGHT, JON M; SARA B
OR PROPERTY OWNER Page 1 of 1
610 W CHURCH ST
ROSWELL, NM 88203
ROSWELL, NEW MEXICO
Planning & Zoning Commission
August 23, 2016, 6:00 p.m.
Roswell Museum and Art Center
199 W. 11th – Roswell, NM 88201
AGENDA ITEM 4: REQUESTED TEXT AMENDMENT TO CREATE
CO-1 COMMERCIAL OFFICE DISTRICT
ACTION REQUESTED: Discussion and possible recommendation of
approval of Proposed Text Amendment to
Create Commercial Office (CO-1) Zoning
District.
BACKGROUND: This is a discussion for the creation of an office
zoning district. Currently, office can be placed
in the R-3 or R-4 residential districts, as well as
thru the C-1 to C-4 commercial districts.
Staff is proposing the creation of a new
Commercial Office district that could be located
inside residential areas so that the residential
uses are not adversely impacted. The intent is
to be able to place larger, professional office
uses closer to residential areas by using
architectural design to minimize3the impacts of
these commercial uses.
FINANCIAL CONSIDERATION: There are no additional costs associated with
this request.
LEGAL REVIEW: N/A.
BOARD OR COMMITTEE ACTION: N/A.
STAFF RECOMMENDATION: Discussion and possible recommendation of
approval.
ARTICLE 18: CO-1 COMMERCIAL OFFICE DISTRICT
Section 1. Purpose:
The purpose and intent of this zoning district is to provide suitable sites for the
development of well-planned and attractive commercial office buildings which will not
adversely impact adjacent residential development.
Section 2. Use Regulations:
A. Permitted Uses are as follows:
1. Banks/Credit Unions/Financial institutions
2. Professional offices
3. Land development services
4. Medical facilities/offices/centers
5. Counseling, child guidance and family service
6. Government offices (No outdoor storage)
7. Any other use that meets the intent and purpose of this Article and is
similar and comparable to those uses listed above
B. Special Uses are as follows:
1. Child day care center
Section 3. Site Development Standards (Single Building):
A. Setbacks:
Yard: Setback (feet):
Any Property Line to Local / Collector Streets 20’
Any Property Line to Arterial Streets 25’
Rear Yard 20’
Side Yard (Interior) 20’
B. Parcel Dimensions:
Parcel Aspect: Criteria:
Minimum Parcel Size: 20,000 square feet
Minimum Parcel Width: 100 feet
Maximum Building Height: 32 feet and not more than three (2) stories
C. General Site Design Standards:
All office development shall comply with all applicable requirement of
Article 22, Building and Performance Standards, with the following
exceptions.
CO-1 Commercial Office District Page 1 of 3 Version 8-17-16
1. Height Requirements: In addition to the requirements of Section 6
(Height Restrictions), the following are also required. Antennas,
monuments, towers, church spires, and/or other such structures not
intended for residential dwelling, shall be reviewed on an individual
basis by City Staff through the Building Permit/Plan Review process
to determine if the structure’s height poses any threat to the health,
safety, welfare, and/or aesthetics of the adjacent properties or the
community as a whole.
2. Off-Street Parking and Loading Requirements: In addition to the
requirements of Section 7 (Off-Street Parking and Loading
Requirements, the following are also required. Parking areas shall
be maintained along the rear and side yards of the structure. No
parking shall be located any closer to the street than the front of the
building.
3. Fences, Walls, and Other Obstructions: In addition to the
requirements of Section 8 (Fences, Walls, and Other Obstructions),
the following are also required. The lot shall be effectively screened
by placing a solid fence or wall no less than 6 feet in height on the
structure side of the lot line, made of brick, masonry, or stone.
4. Lighting: In addition to the requirements of Section 10 (Lighting),
the following are also required.
a. Lighting standards shall not exceed twenty (20) feet in
height.
b. Lamp heads shall be fixed at 90 degrees from the light pole.
c. Lighting shall be shielded to prevent light spillage into
residential areas.
D. Signage: All office development shall comply with all applicable
requirement of Article 26, Signage, Section 7, with the following exception
concerning wall signs.
There shall be allowed one (1) attached wall-mounted sign per building with
a copy area determined by using the formula of 0.076 times the square
footage of the designated front of the building(s). Multiple occupant
structure may have multiple signs based on the formula times the square
footage of each bay. Office centers with multiple buildings may use the
formula on each building. Buildings located on a corner lot may have
attached signage facing both roads.
CO-1 Commercial Office District Page 2 of 3 Version 8-17-16
E. Design:
The intent of this district is to be able to locate office uses close to residential
areas without creating additional adverse impacts. The following standards
are to be adhered to:
1. Exterior building materials standards: The use of bare metal-sided
buildings is prohibited, unless the walls are coated with stucco or
rock veneers.
2. Roof Standards: Roofs are to be pitched, or appear to be pitched
from the street thru architectural design including gabled, hipped and
mansard styles.
3. Window Standards: Windows or pseudo-windows are required on
all sides and all floors of the office structure and provide a compatible
appearance with residential structures in regard to window
treatments and fenestration.
4. Colors: Office structures shall be painted in earth tones or pastels.
No garish or bright colors are permitted.
F. Multi-Building Criteria:
1. If more than a single building is located in the project areas, signage,
building design and landscaping shall be consistent thru-out the
development site
2. Single entrances for multiple structures is encouraged.
CO-1 Commercial Office District Page 3 of 3 Version 8-17-16
ROSWELL, NEW MEXICO
Planning & Zoning Commission
August 23, 2016, 6:00 p.m.
Roswell Museum and Art Center
199 W. 11th – Roswell, NM 88201
AGENDA ITEM 5: REQUEST FOR TEXT AMENDMENT TO THE ZONING ORDINANCE
ACTION REQUESTED: Discussion and possible recommendation of
approval to create eight (8) Reserve Articles and
to Renumber Articles following ARTICLE 18
incorporating new Reserve Articles in the
Zoning Code.
BACKGROUND: This is a discussion for the creation of eight (8)
Reserve Articles in the Zoning Ordinance and to
Renumber Articles following ARTICLE 18 in
order to incorporate new Reserve Articles in the
Zoning Code.
This will allow flexibility in the Zoning Ordinance
in order to add new Articles as necessary.
FINANCIAL CONSIDERATION: There are no additional costs associated with
this request.
LEGAL REVIEW: N/A.
BOARD OR COMMITTEE ACTION: N/A.
STAFF RECOMMENDATION: Discussion and possible recommendation of
approval.
PROPOSED TEXT AMENDMENT TO THE CITY OF ROSWELL ZONING ORDINANCE
(CREATING EIGHT RESERVE ARTICLES AND RENUMBERING ARTICLES)
Table of Contents
Article 1 Title, Purpose & Intent
Article 2 Administration of Zoning Ordinance
Article 3 Procedures, Amendments, and Changes
Article 4 Definitions
Article 5 Establishment of Zoning Districts
Article 6 R-S Rural Suburban District
Article 7 R-1 Residential District
Article 8 R-2 Residential District
Article 9 R-3 Residential District
Article 10 R-4 Residential District
Article 11 Residential Mobile Home Subdivision District
Article 12 Manufactured/Mobile Home Community District
Article 13 Locations of Mobile Homes, Travel Trailers, Recreational, and/or
Oversize Vehicles Outside Of Approved Districts
Article 14 C-1 Neighborhood Commercial District
Article 15 C-2 Community Commercial District
Article 16 C-3 Downtown Business District
Article 17 C-4 Commercial Business District
Article 18 (RESERVED) *
Article 19 (RESERVED)
Article 20 I-1 Light Industrial District
Article 21 I-2 Heavy Industrial District
Article 22 Planned Unit Development
Article 23 (RESERVED)
Article 24 (RESERVED)
Article 25 Development Standards
Article 26 Building & Performance Standards
Article 27 (RESERVED)
Article 28 Special Flood Hazard Areas
Article 29 (RESERVED)
Article 30 Telecommunications
Article 31 Renewable/Alternative Energy System
Article 32 Signs 87
Article 33 Home Occupations
Article 34 Sexually Oriented Business
Article 35 (RESERVED)
Article 36 (RESERVED)
Article 37 Non-Conforming Uses
Article 38 Penalties for Non-Compliance
*(Possibly for CO-1 Commercial Office District)
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