Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, September 27, 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 August 23, 2016 minutes. F. Public Hearing Items 1. CASE 16-14 VAR: A Request for Zoning Variance to Locate Drive-up ATM Building in Front Yard Setback in C-2 Zone, S: 16 T: 10S R: 24E SW4SW4 N 375’ S 405’ E 240’ W 270’ BK 300 PG 577 WD, known as 3000 North Main Street, Pioneer Bank/Owner; Studio d Architects/Agent. 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 16-15 VAR: A Request for Zoning Variance to Construct Workshop Taller than Residential Structure and within Required Interior Side Yard Setback and Required Rear Yard Setback, Subd: NORTHWEST SUNSET REDIV Block: 0 Lot: 5 BK: 51 PG: 159, known as 709 South Montana Avenue, Romero/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 G. Other Business 1. Discussion about Zoning and Tiny Houses (Micro-Homes) 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: September 21, 2016 Planning & Zoning Commission Agenda 1 September 27, 2016  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 EXHIBIT A: CASE 16-14 (VAR) PAGE 1 OF 6 16-14 VAR 9.27.2016 X SX EXHIBIT A: 16-14 VAR PAGE 2 OF 6 EXHIBIT A: 16-14 VAR PAGE 3 OF 6 26'-6" T.O. Sign EXHIBIT A: 16-14 VAR PAGE 4 OF 6 26'-6" T.O. Sign EXHIBIT A: 16-14 VAR PAGE 5 OF 6 EXHIBIT A: 16-14 VAR PAGE 6 OF 6  EXHIBIT B: STAFF SUMMARY FOR CASE 16-14 (VAR) Page 1 of 4 3000 North Main Street Roswell Planning & Zoning Commission Tuesday, September 27, 2016 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 16-14 (VAR): A Request for Zoning Variance to Locate Drive-up ATM Building in Front Yard Setback in C-2 Zone. Legal Description: S: 16 T: 10S R: 24E SW4SW4 N 375’ S 405’ E 240’ W 270’ BK 300 PG 577 WD Owner: Pioneer Bank Agent: Studio d Architects – Jason Clark, AIA Site Address: 3000 North Main Street Request: Request to Locate Drive-up ATM Building in Front Yard Setback. II. Site data: Site Area: 90,000± square feet UPC: 4136058020507000000 Existing Land Use: Commercial (Bank Building) Proposed Land Use: Commercial Existing Zoning: C-2 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Vacant C-2 South Directly south across Berrendo Road: Gas Station w/ C-2 Convenience Store & Dry Cleaner. R-1 Residential toward the east side of the block across from the Motel. East Motel C-2 West West Side of Main Street: Gas Station w/ C-2 Convenience Store & Fast Food Restaurant Planning & Zoning, 16-14 Page 1 of 4 September 27, 2016  EXHIBIT B: STAFF SUMMARY FOR CASE 16-14 (VAR) Page 2 of 4 3000 North Main Street Chaves County Assessor’s Map – CASE 16-14 (VAR) * * Zoning Map – CASE 16-14 (VAR) * 3000 North Main Street * Planning & Zoning, 16-14 Page 2 of 4 September 27, 2016  EXHIBIT B: STAFF SUMMARY FOR CASE 16-14 (VAR) Page 3 of 4 3000 North Main Street III. Intent of Petition: The applicant is requesting a Variance in Zoning to place a drive-up ATM building at the front of the property within the 40 foot front yard setback in order to have visibility from both North and South Main Street traffic. Pioneer Bank’s existing pole sign will be removed and signage will be placed on the ATM building. IV. Land Use and Zoning Considerations: 1. This property, located at 3000 North Main Street, is on the northeast corner of Berrendo Road and North Main Street. The property is zoned C-2 (Community Commercial. This property has served as a bank. The plan is to redevelop the property as a commercial office/retail mixed use development. 2. A motel abuts the property to the east, and vacant land abuts the property on the north. There is a gas station/convenience store and a dry cleaner located directly across from the property on the south side of Berrendo Road. An alley east of and adjacent to the dry cleaner separates the commercially zoned property from residential property zoned R-1. The R-1 Zone is directly across the street from the motel. Property on the west side of Main Street is zoned C-2 and includes a fast food restaurant, a gas station/convenience store directly across Main Street. 3. First National Bank is located on the southwest corner of Berrendo Road and North Main Street and has a drive-up ATM building. The Applicant’s graphics contained in this packet indicate this ATM structure “inside 40’ setback,” whereas measurements using the Chaves County Assessor’s map indicates that this ATM structure may meet the forty (40) foot front yard setback. 4. The Site Plan for the proposed Pioneer Bank ATM building depicts that the ATM Building will be setback a minimum of twenty (20) feet from the property line parallel to Main Street. Vehicles accessing the ATM building will stack on the east side of the building rather than the west side/Main Street side. This configuration and separation of the ATM lane from on-site parking will allow traffic to flow more smoothly on site. 5. A variance is required to allow placement of the ATM building within the required setback from the property line parallel to Main Street. According to the City of Roswell Zoning Ordinance, ARTICLE 21: DEVELOPMENT STANDARDS Section 3. Commercial and Industrial Districts A. Front Yard Setbacks 1. The minimum setback shall be 40 feet or the setback line established by an existing principal building on an adjacent lot within the same block, whichever is less. Planning & Zoning, 16-14 Page 3 of 4 September 27, 2016  EXHIBIT B: STAFF SUMMARY FOR CASE 16-14 (VAR) Page 4 of 4 3000 North Main Street B Side Yard Setbacks 3. Where the side yard is on the street side of a corner lot, the minimum side yard setback shall be 30 feet or the setback line established by an existing principal building on an adjacent lot within the same block, whichever is less. 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,  proposed configuration of the site based on the site plan,  separation of ATM traffic lane from the site’s off-street parking areas and structures,  compatibility of surrounding land uses,  use of the ATM building for signage placement,  enhancement of the streetscape and the site through architectural design elements, and  redevelopment of the site as a whole, Staff recommends approval of the requested variance to place the ATM Building within the required C-2 Zone Yard Setback from the property line parallel to Main 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, 16-14 Page 4 of 4 September 27, 2016  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 16-14 (VAR) LETTER SENT VIA CERTIFIED MAIL ON SEPTEMBER 14, 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 September 13, 2016 RE: PUBLIC HEARING NOTICE for CASE 16-14 VAR: Application for a Zoning 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 16-14. The Property Owner is requesting a Variance to place a drive-up ATM building within the property’s required forty (40) foot front yard setback. PROPERTY LOCATION: 3000 North Main Street LEGAL DESCRIPTION: S: 16 T: 10S R: 24E SW4SW4 N 375’ S 405’ E 240’ W 270’ BK 300 PG 577 WD OWNER OF PROPERTY: Pioneer Bank ZONING DISTRICT: C-2 The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, SEPTEMBER 27, 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 PLEASE ENTER MUSEUM THROUGH THE COURT YARD ON 11TH STREET hearing. 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. The information packet for this zoning case will be available after 1:00 p.m., on Wednesday, September 21, 2016. You may 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 P&Z Packet may be viewed online at www.roswell-nm.gov. Copies of the information packet may be obtained from the Planning and Zoning Office at a cost of 35 cents per sheet. The City’s Zoning Ordinance is available online at: http://roswell-nm.gov/DocumentCenter/View/768 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. For information about the Case, call 575.637.6294. Respectfully, Merideth Hildreth, M.A., AICP (Area Map on Reverse Side ) Current Planning Administrator EXHIBIT D: CASE 16-14 ZONE CHANGE – CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR ZONE CHANGE AND PROPERTIES WITHIN NOTIFICATION AREA 10 4 3 1 5 2 6 9 8 7  EXHIBIT E: LIST OF PROPERTY OWNERS NOTIFIED FOR CASE 16-14 VAR 1. Pioneer Bank P.O. Box 130 Roswell, NM 88202-0130 2. Pearson Oil Co., Inc. Or Current Owner P.O. Box 1288 Hobbs, NM 88241 3. B & B Merritt Real Estate, LLC Or Current Owner 750 N. 17th St. Las Cruces, NM 88005 4. Jay Gluck Or Current Owner 204 W. 4th St. Roswell, NM 88201 5. Roswell Hospitality, LLC Or Current Owner 211 Stardust Trail Waxahachie, TX 75165 6. Irma Zavala Or Current Owner 301 E. Linda Vista Roswell, NM 88201 7. Karlee, LLC Or Current Owner P.O. Box 99 Roswell, NM 88202 8. SG National, LLC Or Current Owner 1185 6th Ave. – 10th Floor New York, NY 10036 9. First National Bank Or Current Owner P.O. Box 1857 Roswell, NM 88202 10. John Clifford Henry Sally May Sanford Or Current Owner 207 N. Union, Suite C Roswell, NM 88201 EXHIBIT A: APPLICATION CASE 16-15 VAR PAGE 1 OF 3 EXHIBIT A: APPLICATION CASE 16-15 VAR PAGE 2 OF 3 EXHIBIT A: APPLICATION CASE 16-15 VAR PAGE 3 OF 3  EXHIBIT B: STAFF SUMMARY FOR CASE 16-15 (VAR) Page 1 of 4 709 South Montana Roswell Planning & Zoning Commission Tuesday, September 27, 2016 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 16-15 (VAR): A Request for Zoning Variance to Construct Workshop Taller than Residential Structure and within Required Interior Side Yard Setback and Required Rear Yard Setback Legal Description: Subd: NORTHWEST SUNSET REDIV Block: 0 Lot: 5 BK: 51 PG: 159 Owner: Diego & Rosa Romero Agent: Diego & Rosa Romero Site Address: 709 South Montana Avenue Request: Request for Zoning Variance to encroach in Required Side Yard Setback and Rear Yard Setback for placement of a 45 X 25 foot accessory structure in Rear Yard. Request for a two- foot variance in height so the structure can be 18’ tall at highest point. II. Site data: Site Area: 10,324± square feet UPC: 413506203529000000 Existing Land Use: Residential (Single Family) with a Detached Garage Proposed Land Use: Single Family Residential with Detached Garage and construction of a 45X25 foot accessory structure Existing Zoning: R-2 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Single Family Residential R-2 South Single Family Residential R-2 East Single Family Residential R-2 West Single Family Residential R-3 Planning & Zoning, 16-14 Page 1 of 4 September 27, 2016  EXHIBIT B: STAFF SUMMARY FOR CASE 16-15 (VAR) Page 2 of 4 709 South Montana Chaves County Assessor’s Map – CASE 16-15 (VAR) * * AERIAL OF 709 S MONTANA AVE * Zoning Map – CASE 16-15 (VAR) * * Planning & Zoning, 16-14 Page 2 of 4 September 27, 2016  EXHIBIT B: STAFF SUMMARY FOR CASE 16-15 (VAR) Page 3 of 4 709 South Montana III. Intent of Petition: The applicant is requesting Variances in Zoning to place a forty-five (45) foot by twenty-five (25) foot accessory structure in the rear yard to be used as a workshop. The height of the prefabricated structure is eighteen (18) feet at the tallest point. The applicant is requesting the following variances. a. A height variance to allow the accessory structure to exceed the height of the primary residential structure by two (2) feet. The primary residential structure is approximately sixteen (16) feet tall. A variance is required to allow the accessory structure to be eighteen (18) feet in height. b. A rear yard variance of one (1) foot would allow placement of the structure at five (5) feet from the rear property line instead of the required six (6) feet for a structure of its height. c. An interior side yard variance of four (4) feet would allow placement of the structure at seven (7) feet from the rear property line instead of the required eleven (11) feet for a structure of its height. The applicant would like the structure to appear aesthetically pleasing, and requests a side yard variance in order for the accessory structure to be even with the existing house and to provide more open yard area. IV. Land Use and Zoning Considerations: 1. This property, located at 709 South Montana Avenue, is a single-family residence within the R-2 Residential Zoning District. 2. This property abuts an alley on both the south side and the east side. The property abuts a residential lot on the north side. 3. City of Roswell Zoning Ordinance ARTICLE 22: BUILDING AND PERFORMANCE STANDARDS states the following: Section 4: Accessory Uses A. For residential zoned districts…. 2. Location of an accessory structure shall meet the following requirements. b. Shall be a minimum of 5’ from all shared property lines. e. Structures must be an additional 1’ from side and rear property lines for every 1’ in height over 12’ while meeting all other applicable setback requirements. 7. The accessory structure will not have windows overlooking the north property line. Garage doors will be located on the south side of the structure. 8. This accessory structure is intended as a personal workshop. Planning & Zoning, 16-14 Page 3 of 4 September 27, 2016  EXHIBIT B: STAFF SUMMARY FOR CASE 16-15 (VAR) Page 4 of 4 709 South Montana 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 configuration of the lot, the fact that no windows will face the neighboring property to the north, Staff recommends approval of this application to allow a height variance for the accessory structure to exceed the height of the primary residential structure by two (2) feet, to approve an Interior Side Yard Variance of four (4) feet for placement of the structure seven (7) feet from the north property line, and a Rear Yard Variance of one (1) foot to allow placement of the structure five (5) feet from the east property line. 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, 16-14 Page 4 of 4 September 27, 2016  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 16-15 (VAR) LETTER SENT VIA CERTIFIED MAIL ON SEPTEMBER 14, 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 September 13, 2016 RE: PUBLIC HEARING NOTICE for CASE 16-15 VAR: Application for a Zoning 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 & Zoning Case 16-15. Property Owner is requesting a Variance to the Side Yard, Rear Yard, and Height Requirements for the placement of an Accessory Workshop Structure. PROPERTY LOCATION: 709 South Montana Avenue LEGAL DESCRIPTION: Subd: NORTHWEST SUNSET REDIV Block: 0 Lot: 5 BK: 51 PG 159 OWNER OF PROPERTY: Diego & Rosa Romero ZONING DISTRICT: R-2 The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, SEPTEMBER 27, 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 To be considered, written protests MAIN ENTRANCE CLOSED DUE TO PEDESTRIAN BRIDGE CONSTRUCTION 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. The information packet for this zoning case will be available after 1:00 p.m., on Wednesday, September 21, 2016. You may 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 P&Z Packet may be viewed online at www.roswell-nm.gov. Copies of the information packet may be obtained from the Planning and Zoning Office at a cost of 35 cents per sheet. The City’s Zoning Ordinance is available online at: http://roswell-nm.gov/DocumentCenter/View/768 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. For information about the Case, call 575.637.6294. Respectfully, Merideth Hildreth, M.A., AICP (Area Map on Reverse Side ) Current Planning Administrator EXHIBIT D: CASE 16-15 ZONE CHANGE – CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR ZONE CHANGE AND PROPERTIES WITHIN NOTIFICATION AREA 7 4 5 6 8 3 2 1 9 16 15 14 13 12 11 10  EXHIBIT E: LIST OF PROPERTY OWNERS NOTIFIED FOR CASE 16-15 VAR 1. Diego H. Romero 9. 2M Properties, LLC Rosa I. Romero Or Current Owner 709 S. Montana Ave. 6728 Old Dexter Highway Roswell, NM 88203 Dexter, NM 88230 2. Davis Family Trust 10. Hubbard & Sons Investment, LLC Lorraine I. Davis Trustee Or Current Owner Or Current Owner P.O. Box 3415 708 S. Montana Ave. Roswell, NM 88202 Roswell, NM 88203 11. Joe S. Aranda 3. Carmen Martinez Linda P. Aranda Michael A. Martinez Or Current Owner Or Current Owner 1205 W. Deming St. 706 S. Montana Ave. Roswell, NM 88203 Roswell, NM 88203 12. Laney R. Chance 4. Roy Andazola; Daniel Andazola; Or Current Owner Freddy Andazola 1207 W. Deming St. Or Current Owner Roswell, NM 88203 308 S. Richardson Ave. Roswell, NM 88203 13. Robert L. Brewington Mike A. Brewington 5. Adolfo Reyes Or Current Owner Alma Reyes 1209 W. Deming St. Or Current Owner Roswell, NM 88203 705 S. Montana Ave. Roswell, NM 88203 14. Douglas K. Mayes Emily Mayes 6. George E. Bennett Or Current Owner Amy V. Bennett 1211 W. Deming St. Or Current Owner Roswell, NM 88203 1919 Highway 35 N #89 Rockport, TX 78382-3344 15. Phillip Mark Staab Or Current Owner 7. Kevin Bruce Meadows 533 Grenache Ave. Or Current Owner Madera, CA 93637 1108 W. 1st St. Roswell, NM 88203 16. Celestino Romero Or Current Owner 8. Cara Sue Rich 1303 W. Deming St. Or Current Owner Roswell, NM 88203 706 S. Ohio Ave. 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 G – OTHER BUSINESS 1: DISCUSSION ABOUT ZONING AND TINY HOUSES (MICRO-HOMES) STAFF REQUEST: Discussion with the Planning & Zoning Commission regarding processing of Tiny House and Micro-Home applications as Primary Structure. Discussion of Tiny House and Micro-Home applications as Multi-Generational Home under Zoning Ordinance Article 5, Section 4. BACKGROUND: The Tiny House Movement is growing in momentum. In order to provide a solid permitting process for Tiny Houses and Micro Homes, Staff is requesting a discussion with the Planning & Zoning Commission to garner a policy direction. The Zoning Ordinance has no minimum “heated area” standards for residential construction in any of the Residential Zones. Update of housing definitions are needed in the Zoning Ordinance. From New Mexico State Statute: F. Zoning authorities, including zoning authorities of home rule municipalities, shall accommodate multigenerational housing by creating a mechanism to allow up to two kitchens within a single-family zoning district, such as conditional use permits. G. For the purpose of this section, "multigenerational" means any number of persons related by blood, common ancestry, marriage, guardianship or adoption.