Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, December 20, 2016 at 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 & Zoning Technician: Miguel Martinez 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. Approval of the September 27, 2016 Minutes F. Public Hearing Items 1. CASE 16-16 CUP: A Request for Conditional Use Permit for an accessory residential structure with a kitchen in R-3 Zone, Legal Description: Subd: GRACE CORN HERITAGE SUMMARY PLAT Tract: B S: 49.99’ Quarter: SE S: 32 T: 10S R: 24E BK: 286 PG: 420 known as 406 N Kentucky Avenue(R. Del Jurney & Kristie Jurney/Owners). 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 1. CASE 16-17 VAR: A Request for Zoning Variance to Locate Sign in Right-of-Way in C-2 Zone, Legal Description: Subd: WENNER SUMMARY PLAT Tract A: Quarter: SW S: 30 T: 10S R: 24E BK: 744 PG: 1003 known as 2303 W College Boulevard (Nathan H. Wenner & Jalene C. Wenner/Owners). 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) Site Plan 2. CASE 16-18 ZOC: A Request for Change in Zoning from R-2 to C-2, Legal Description: Subd: OLIVERS REDIV AMEND Block: 2 Lot: 4 AND: 5 BK: 542 PG: 1335 QCD JT known as 106 W Wildy Street (Ben Lueras & Tina Lueras/Owners; Rick Kelley/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 (F) Proposed Site Plan G. Other Business 1. Discussion of 2017 Meeting Dates. 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 16-69. NOTICE OF POTENTIAL QUORUM – A quorum of the City Council may or may not attend, but there will not be debate by the City Council. The Council, acting as attendees to an informational presentation, will not be discussing public business and no action will be taken. 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: December 15, 2016 Planning & Zoning Commission Agenda 1 December 20, 2016  P&Z MEETING MINUTES Tuesday, September 27, 2016 - 6:00 PM Roswell Planning & Zoning Commission 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 Notice of this meeting was given to the public in compliance with Sections 10-15-1 through 10-15-4, NMSA 1978 and City of Roswell, NM Resolution 16-69. A. CALL TO ORDER AND WELCOME – Chair Ralph Brown A regular meeting of the Planning & Zoning Commission was called to order at approximately 6:00 p.m. by Chair Brown with the following members present: B. ROLL-CALL Ralph Brown (Chair) PRESENT Riley Armstrong (Vice Chair) PRESENT Toby Gross PRESENT Shirley Childress PRESENT David Storey PRESENT Kent Taylor PRESENT Jesse McDaniel PRESENT Mr. Morris: All members accounted for and we have a quorum. 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: Jon Hitchcock, Jason Clark (via telephone), Diego H Romero, Rosa Romero. Planning & Zoning Commission September 27, 2016 Minutes Page 1 of 5 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 Storey. The motion passed by a voice vote of seven to zero E. MINUTES: Consider approval of the August 23, 2016 minutes. MOTION to Approve the August 23, 2016 Minutes as Written by Commissioner Gross. Second by Commissioner Childress. The motion passed by a voice vote of seven to zero. Chair Brown asked Ms. Hildreth how to handle the correction to the Variance? Ms. Hildreth stated that there is a correction to Case 16-14 regarding the address which should be 3301 North Main. Chair Brown directed Staff to note the typo that the correct address is 3301 North Main. F. ACTION 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 3301 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 Motion to Waive the Reading of the Finding of Facts with Respect to Case 16-14 by Commissioner Armstrong. Second by Commissioner Childress. The motion passed by a voice vote of seven to zero. Chair Brown: Is there anyone wishing to speak in favor of 16-14? Jon Hitchcock, President of Pioneer Bank in Roswell, New Mexico: We’re presenting this proposal to enhance the value. Planning & Zoning Commission September 27, 2016 Minutes Page 2 of 5  Maintained the branch at 3100 N Main as long as they could. This is an ITM (Interactive Teller Machine). This is new technology and the first to be employed in Southeast New Mexico. Will raise that branch and build offices for lease purposes. Jason Clark, Studio d Architects by telephone from Las Cruces, New Mexico: Entertained questions. There were none. Chair Brown: Is there anyone wishing to speak in favor of 16-14? Anyone against Case 16-14? Merideth or Bill, do you have any comments? Ms. Hildreth: The ITM structure will be placed within the setback on the Main Street side. It will look similar in terms of the drive-thru lane and how it is configured to the bank catacorner. It will be in a yard setback and that’s why they are coming forward for a variance. Mr. Morris: Applauded Pioneer Bank for looking at the future conditions of the business and looking at redevelopment of the whole site that will enhance that corner. Staff is in support of this application. MOTION Commissioner Armstrong made a motion to approve Case 16-14 based on the land use and zoning considerations, finding of facts, and the testimony provided this evening. Second by Commissioner Childress. The motion passed by a voice vote of seven to zero. 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 Motion to Waive the Reading of the Finding of Facts with Respect to Case 16-15 by Commissioner Armstrong. Second by Commissioner Childress. The motion passed by a voice vote of seven to zero. Chair Brown: Is there anyone wishing to speak in favor of 16-15? Planning & Zoning Commission September 27, 2016 Minutes Page 3 of 5  Diego H Romero and Rosa at 709 S Montana Avenue. Mr. Romero introduced his project to build a workshop in the back yard. He stated that they were requesting a variance from the setbacks on the north and east sides of the property, and two feet additional height above the height of the house. Chair Brown: Is there anyone wishing to speak against Case 16-15? Mr. Morris: Since there are no second story windows looking onto neighboring properties that would create privacy invasion issues, Staff felt it acceptable to recommend approval. Commissioner Gross: Had a question about the building’s perimeter lighting. Mr. Romero: Standard lighting in the back yard. Commissioner Gross: Lighting must stay in your property. Mr. Morris: This is becoming an issue because LEDs are so much brighter than conventional lighting. Lights need to be pointed down. Commissioner Taylor: Had a question about the variance being on the alley side. Ms. Hildreth: There is also a variance requested on the north side of the property. MOTION Commissioner Storey made a motion to approve Case 16-15 for zoning variance to include the findings of fact, the information provided in the packet and the testimony received tonight. Second by Commissioner McDaniel. The motion passed by a voice vote of seven to zero. G. OTHER BUSINESS Discussion on Tiny Houses (Micro Homes) Ms. Hildreth: Tiny Houses or Micro Homes is a growing industry. Staff recommends amending The City of Roswell’s Zoning Ordinance in order to both accommodate and regulate this type of land use. Staff recommends the use of Tiny Houses with a Special Use Permit as a viable product to accommodate Multi-Generational Housing in the Residential Districts. Mr. Morris: Per State law, municipalities must make accommodation for multi- generational houses in residential district. Staff does not think tiny homes are an Planning & Zoning Commission September 27, 2016 Minutes Page 4 of 5  appropriate use as a primary residential unit. City code does not regulate how small a house can be. Commissioner Armstrong: Posed the question about placing a tiny home in the back yard in place of building a guest house. Mr. Morris: That would be an acceptable use with a maximum size for the secondary house. We need to address this. Some houses are overused with too many people. One or two people would be allowed. But they would not be allowed as primary residential structures. We would like to hear what your thoughts are. Discussion among Commissioners: Suggestions included one tiny home allowed per lot as a multi-generational accessory structure, metered separately. Ms. Hildreth: The City of Albuquerque Tiny Home Guidelines, included in your packet, specifies standards to comply with the International Building Code. H. PUBLIC COMMENTS No Public Comments I. ADJOURN The meeting adjourned at 6:32 p.m. Planning & Zoning Commission September 27, 2016 Minutes Page 5 of 5 EXHIBIT A: 16-16 CUP APPLICATION  EXHIBIT B: STAFF SUMMARY FOR CASE 16-16 (CUP) 406 North Kentucky Avenue (Page 1 of 4) Roswell Planning & Zoning Commission Tuesday, DECEMBER 20, 2016 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 16-16 (CUP): A Request for Conditional Use Permit for an Accessory Residential Structure with a Kitchen in R-3 Zone Legal Description: Subd: GRACE CORN HERITAGE SUMMARY PLAT Tract: B S: 49.99’ Quarter: SE S: 32 T: 10S R: 24E BK: 286 PG: 420 Owner: Del Jurney & Kristie Jurney Agent: Same as Above Site Address: 406 N Kentucky Avenue Request: Request for Conditional Use Permit for an Accessory Residential Structure with a Kitchen in R-3 Zone (Multi-Generational Unit) II. Site data: Site Area: 800 square feet in GRACE CORN HERITAGE SUMMARY PLAT UPC: 4135061400429000000 Existing Land Use: Single Family Residential Proposed Land Use: Same Primary Residence plus conversion of existing detached garage into accessory residential quarters with a kitchen. Existing Zoning: R-3 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Single Family Residential R-3 South Single Family Residential R-3 East Single Family Residential C-3 West Single Family Residential R-1 Planning & Zoning, 16-16 Page 1 of 4 December 20, 2016  EXHIBIT B: STAFF SUMMARY FOR CASE 16-16 (CUP) 406 North Kentucky Avenue (Page 2 of 4) Chaves County Assessor’s Map – CASE 16-16 (CUP) Fifth Street N Lea Ave N Kentucky Ave 406 N Kentucky Fourth Street RISD Zoning Map CASE 16-16 (CUP)  Planning & Zoning, 16-16 Page 2 of 4 December 20, 2016  EXHIBIT B: STAFF SUMMARY FOR CASE 16-16 (CUP) 406 North Kentucky Avenue (Page 3 of 4) III. Intent of Petition: The applicant is requesting a Conditional Use Permit to install a kitchen in an accessory detached residential structure on the property IV. Land Use and Zoning Considerations: 1. This property, located at 406 N Kentucky Avenue, is a single-family residence zoned R-3. This property is located in a single-family residential neighborhood with C-3 (Downtown Business District) across the street and R-1 Residential west of the alley. 2. The lot has a fifty (50) foot frontage and is one-hundred sixty (160) feet deep. 3. In accordance with State Statutes, City of Roswell Zoning Ordinance “shall accommodates multigenerational housing” in residentially zoned districts. a) City of Roswell Zoning Ordinance Number 16-13 Amended June 9, 2016, Article 5: Establishment of Zoning Districts, Section 4. Conditional Use Permit- Multigenerational states the following: “Pursuant to NMSA Section 3-21-1 (F), a property owner may apply for a Conditional Use Permit for a second kitchen within a single-family residential home located within a residential zoned district. No Conditional Use Permit shall be approved until a public hearing has been held by the Planning and Zoning Commission in accordance with this Ordinance. Conditional Use Permits are not transferable and are bound to the applicant at the residential lot stated on the application.” b) “2015 New Mexico Statutes; Chapter 3: Municipalities; Section 21. Zoning Regulations; Section 3.21.1 Zoning; authority of county or municipality 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.” 4. The property owner applying for this Conditional Use Permit intends the accessory multigenerational residential unit to be inhabited by a family member and not as a rental unit. Planning & Zoning, 16-16 Page 3 of 4 December 20, 2016  EXHIBIT B: STAFF SUMMARY FOR CASE 16-16 (CUP) 406 North Kentucky Avenue (Page 4 of 4) Aerial – CASE 16-16 (CUP) 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- 3. 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. VI. Staff Recommendation: Based on the current findings of fact, residential zoning of the property, the nature of the proposed use, and conditions of the lot, Staff recommends approval of the requested Conditional Use Permit to allow an accessory residential structure on the lot in which a full kitchen including a stove and hood is installed. 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, 16-16 Page 4 of 4 December 20, 2016  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 16-16 (CUP) LETTER SENT VIA CERTIFIED MAIL ON DECEMBER 7, 2016 TO SURROUNDING PROPERTY OWNERS City of Roswell Planning & Engineering Department Planning & Zoning Office PO Box 1838 Roswell, NM 88202-1838 Telephone: (575)637-6294 Fax: (575) 624-6820 PUBLIC HEARING NOTICE CASE 16-16: Application for Conditional Use Permit for an Accessory Residential Structure with a Kitchen in R-3 Zoning District. This notice is being sent to you via certified mail because is it indicated that you are a property owner of record within 100 feet of Planning and Zoning Case Number 16-16. The Applicant is requesting a Conditional Use Permit for an Accessory Residential Structure with a Kitchen in R-3 Zoning District. PROPERTY STREET ADDRESS: 406 North Kentucky Avenue LEGAL DESCRIPTION: Subd: GRACE CORN HERITAGE SUMMARY PLAT Tract: B S: 49.99’ Quarter: SE S: 32 T: 10S R: 24E BK: 286 PG: 420 OWNER(S) OF PROPERTY: Jurney APPLICANT: Jurney ZONING DISTRICT: R-3 The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, DECEMBER 20, 2016 at 6:00 p.m., in the Bassett Auditorium at the Roswell Museum and Art Center, located at 100 West 11th Street. You are entitled, although not obligated, to comment either in writing to our office or in person at the hearing. To be considered, written protests must be submitted to the Planning and Zoning Office no later than noon on the working day prior to the Planning and Zoning Commission meeting. Providing written input to the Planning and Zoning Office at least seven days prior to the hearing will allow your concerns to be addressed in the Staff Report. Written comments may be delivered to the Planning & Zoning Office at 415 North Richardson Avenue, or sent to: City of Roswell, Zoning Administrator, PO BOX 1838, Roswell, NM 88202-1838 or via email to m.hildreth@roswell-nm.gov or submitted in person to the Planning & Zoning Office. The information packet for this zoning case will be available after 1:00 p.m., on Wednesday, December 14, 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 this Case, call 575.637.6294. Respectfully, Merideth Hildreth, M.A., AICP (Area Map on Reverse Side ) Current Planning Administrator EXHIBIT D: CASE 16-16 CUP – CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR CONDITIONAL USE PERMIT AND PROPERTIES WITHIN NOTIFICATION AREA 8 7 9 10 6 1 2 5 4 3 Property Under Consideration Properties Within Notification Area  EXHIBIT E: 16-16 CUP LIST OF PROPERTY OWNERS NOTIFIED 1&9. JURNEY, DEL; KRISTIE OR PROPERTY OWNER 406 N KENTUCKY ROSWELL, NM 88201 2. JAMCO OR PROPERTY OWNER 406 N KENTUCKY ROSWELL, NM 88201 3. HANAGAN, MICHAEL G PO BOX 1737 ROSWELL, NM 88202 4&5. CHAVEZ, GONZALO 505 N LEA AVE ROSWELL, NM 88201 6. SALAS, ALMA OR PROPERTY OWNER 405 N LEA AVE ROSWELL, NM 88201 7. HANSEN, PETER; JOHN OR PROERTY OWNER 409 N LEA AVE ROSWELL, NM 88201 8. BEST; JEANINE CORN 1300 W 4TH ST ROSWELL, NM 88201 10. FIRST NATIONAL TOWER, LTD ATT: PROPERTY MANAGER 400 N PENNSYLVANIA AVE ROSWELL, NM 88203 EXHIBIT A: 16-17 VAR APPLICATION  EXHIBIT B: STAFF SUMMARY FOR CASE 16-17 (VAR) 2303 W College Blvd (Page 1 of 4) Roswell Planning & Zoning Commission Tuesday, December 20, 2016 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 16-17 (VAR): A Request for Zoning Variance to Locate Sign in Right-of-Way in C-2 Zone Legal Description: Subd: WENNER SUMMARY PLAT Tract A: Quarter: SW S: 30 T: 10S R: 24E BK: 744 PG: 1003 Owner: Nathan H. Wenner & Jalene C. Wenner Agent: Same as Above Site Address: 2303 West College Boulevard Request: Request for Zoning Variance to Variance to Locate Sign in City Right-of-Way in C-2 Zone II. Site data: Site Area: 1.148 acres (According to Chaves County Assessor Information) UPC: 4134060066524000000 Existing Land Use: Vacant Land zoned C-2 (Community Commercial) Proposed Land Use: Veterinary Clinic is Under Construction. Proposed Free-Standing Monument Sign in the City Right-of-Way near the Sidewalk. Existing Zoning: R-2 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Single Family Residential R-1 (OMA) South Residential R-3 East Community Commercial C-2 West Community Commercial C-2 Planning & Zoning, 16-17 Page 1 of 4 December 20, 2016  EXHIBIT B: STAFF SUMMARY FOR CASE 16-17 (VAR) 2303 W College Blvd (Page 2 of 4) Chaves County Assessor’s Map – CASE 16-17 (VAR) * * * Zoning Map – CASE 16-17 (VAR) R-S Planning & Zoning, 16-17 Page 2 of 4 December 20, 2016  EXHIBIT B: STAFF SUMMARY FOR CASE 16-17 (VAR) 2303 W College Blvd (Page 3 of 4) III. Intent of Petition: The applicant is requesting a Variance in Zoning to place a free-standing monument sign outside the property boundaries and within the City Right-of-Way. The Right-of-Way is approximately forty feet (40’) deep from the curb to the property line. The five foot (5’) wide sidewalk is to be constructed in the Right- of-Way abutting the property line. If the variance is approved, the proposed sign’s northern edge will be placed approximately three feet (3’) south of the sidewalk. The proposed sign will be constructed perpendicular to the sidewalk and extend nine feet (9’) toward the south. Encroachment of the sign into the Right- of-Way will be seventeen feet (17’) south of the property line. The southernmost edge of the sign will be located approximately twenty-three +/- north of the College Boulevard curb. Excerpt from EXHIBIT F: 16-17 (VAR SITE PLAN IV. Land Use and Zoning Considerations: 1. This property, located at 2303 West College Boulevard is a professional office (Veterinary Clinic) within the C-2 Community Commercial Zoning District. 2. The total width of the public Right-of-Way in this segment of West College Boulevard is approximately one-hundred fifteen feet (115’). 3. City of Roswell Zoning Ordinance 16-13 Amended June 9, 2016; Article 3: Procedures, Amendments, And Changes; Section 10. Variances provides the Planning and Zoning Commission with the authority to “approve a variance to the zoning requirements for a property if the reason for the requested variance is due to the property being of exceptional narrowness, shallowness, shape, or having topographical or other extraordinary conditions which prevent the property owner from being able to comply with the zoning requirements and, if the strict application of this Ordinance would result in a peculiar, exceptional, or undue hardship, as opposed to a mere inconvenience upon the property owner.” 7. Granting a variance to allow placement of a monument sign not to exceed 5’ in height and not to exceed 9’ in width in the Right-of-Way will allow the size of the sign to be smaller than if it were placed in compliance with the City’s Sign Ordinance Article 26: Signs; of the City of Roswell Zoning Ordinance 16-13 Amended June 9, 2016. Section 9 of the Sign Ordinance governs setbacks; “Section 9. Sign Setback Requirements B. Monument and Pole Covered signs shall be a minimum of 10 feet from all property lines.” Planning & Zoning, 16-17 Page 3 of 4 December 20, 2016  EXHIBIT B: STAFF SUMMARY FOR CASE 16-17 (VAR) 2303 W College Blvd (Page 4 of 4) 8. If the property owner and business were to comply with the setback criteria established by the Sign Ordinance, the copy area of the sign face would need be approximately one/third larger in area for the sign message to be legible to vehicular traffic. (Reference: United States Sign Council Sign Legibility Rules of Thumb (2006) Equation 1 on page 17. Parallel Letter Height Model Equations Equation #1: LH = (LN x 10 + LO) / 5 where: LH is letter height in inches. LN is the number of lanes of traffic. LO is the lateral offset from curb in feet. 9. In the opinion of the City Engineer, the sign will not pose a hazard in the clear-site-triangle since the edge of the sign is a minimum of twenty (20) feet from back of the curb. Excerpt from EXHIBIT F: 16-17 (VAR SITE PLAN 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 distance of the property line from the curb and the commercial nature of this property within a commercially zoned district, the City Engineering and Planning Staff recommend approval of this variance request. 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, 16-17 Page 4 of 4 December 20, 2016  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 16-17 (VAR) LETTER SENT VIA CERTIFIED MAIL ON DECEMBER 7, 2016 TO SURROUNDING PROPERTY OWNERS City of Roswell Planning & Engineering Department Planning & Zoning Office PO Box 1838 Roswell, NM 88202-1838 Telephone: (575)637-6294 Fax: (575) 624-6820 PUBLIC HEARING NOTICE CASE 16-17: Application for Zoning Variance to Locate Sign in Right-of-Way in C-2 Zone This notice is being sent to you via certified mail because is it indicated that you are a property owner of record within 100 feet of Planning and Zoning Case Number 16-17. The Owner is requesting a Zoning Variance to Locate a Sign in the Right-of-Way. PROPERTY STREET ADDRESS: 2303 West College Boulevard LEGAL DESCRIPTION: Subd: WENNER SUMMARY PLAT Tract A: Quarter: SW S: 30 T: 10S R: 24E BK: 744 PG: 1003 OWNER(S) OF PROPERTY: Wenner ZONING DISTRICT: C-2 The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, DECEMBER 20, 2016 at 6:00 p.m., in the Bassett Auditorium at the Roswell Museum and Art Center, located at 100 West 11th Street. You are entitled, although not obligated, to comment either in writing to our office or in person at the hearing. To be considered, written protests must be submitted to the Planning and Zoning Office no later than noon on the working day prior to the Planning and Zoning Commission meeting. Providing written input to the Planning and Zoning Office at least seven days prior to the hearing will allow your concerns to be addressed in the Staff Report. Written comments may be delivered to the Planning & Zoning Office at 415 North Richardson Avenue, or sent to: City of Roswell, Zoning Administrator, PO BOX 1838, Roswell, NM 88202-1838 or via email to m.hildreth@roswell-nm.gov or submitted in person to the Planning & Zoning Office. The information packet for this zoning case will be available after 1:00 p.m., on Wednesday, December 14, 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 this Case, call 575.637.6294. Respectfully, Merideth Hildreth, M.A., AICP (Area Map on Reverse Side ) Current Planning Administrator EXHIBIT D: CASE 16-17 (VAR) – CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR VARIANCE AND PROPERTIES WITHIN NOTIFICATION AREA 3 2 1 4 5 Property Under Consideration Properties Within Notification Area  EXHIBIT E: 16-17 VAR LIST OF PROPERTY OWNERS NOTIFIED 1. DESERT ROCK, LLC 3304 YOUNG PL ROSWELL, NM 88201 2. MASONIC BUILDING ASSOCIATION PO BOX 1512 ROSWELL, NM 88202 3&5 CITY OF ROSWELL PO BOX 1838 ROSWELL, NM 88202 4. IMMANUEL EVANGELICAL LUTHERAN CHURCH 1405 N SYCAMORE ROSWELL, NM 88201 EXHIBIT F: 16-17 (VAR) SITE PLAN FOR SIGN IN ROW 2303 W COLLEGE BLVD EXHIBIT A: 16-18 ZOC APPLICATION  EXHIBIT B: STAFF SUMMARY FOR CASE 16-18 (ZOC) 106 West Wildy Street (Page 1 of 4) Roswell Planning & Zoning Commission Tuesday, December 20, 2016 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 16-18 (ZOC): A Request for Zone Change from R-2 to C-2 1. Legal Description: Subd: OLIVERS REDIV AMEND Block: 2 Lot: 4 AND: 5 BK: 542 PG: 1335 QCD JT Owner: Ben Lueras & Tina Lueras Agent: Charlotte Thompson Address: 106 W Wildy Street Request: Request for a change in zoning from R-2 (Residential District) to C-2 (Community Commercial District) II. Site data: Site Area: Approximately 5100 square feet in OLIVERS REDIV AMEND Block: 2 Lot: 5 UPC: 4135063538076000000 (Lot 5) Existing Land Use: Commercial Structure situated on either side of the lot line dividing Lot 4 and Lot 5. Proposed Land Use: Commercial Existing Zoning: R-2 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Commercial Retail (Skeens) C-2 South Single Family Dwellings R-2 East Commercial properties C-2 West Single Family Dwellings R-2 Planning & Zoning, 16-18 Page 1 of 4 December 20, 2016  EXHIBIT B: STAFF SUMMARY FOR CASE 16-18 (ZOC) 106 West Wildy Street (Page 2 of 4) Chaves County Assessor’s Map – CASE 16-18 (ZOC) South Main Street Skeens 106 Zoning Map – CASE 16-18 (ZOC)   Planning & Zoning, 16-18 Page 2 of 4 December 20, 2016  EXHIBIT B: STAFF SUMMARY FOR CASE 16-18 (ZOC) 106 West Wildy Street (Page 3 of 4) Street View – CASE 16-18 (ZOC) Source: http://www.gosur.com/map/?search=Street%20Level%20Maps%20&%20Routes# This street view accessed December 14, 2016 III. Intent of Petition: The applicant is requesting a zone change from R-2 Residential District C-2 Community Commercial District in order to legally conduct commercial business on the property. IV. Land Use and Zoning Considerations: 1. This property has a commercial structure on the property situated on either side of the lot line dividing Lot 4 and Lot 5. Historically, both lots under the same owner have been used as commercial. There is paved parking on both lots. 2. Lot 4 (104 West Wildy Street) is already zoned C-2. 3. Lot 4 is under consideration for lease to Windmill Express as a relocation site for the drive-up drinking water dispenser that is currently located across the street on the Skeens property. If Windmill Express relocates to this site, the site will be improved per the Building and Performance standards in the Zoning Ordinance. 4. If Lot 5 (106 West Wildy Street) is approved for rezoning, the existing commercial structure will be relocated on Lot 5 in compliance with required setbacks. Planning & Zoning, 16-18 Page 3 of 4 December 20, 2016  EXHIBIT B: STAFF SUMMARY FOR CASE 16-18 (ZOC) 106 West Wildy Street (Page 4 of 4) 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 rezoning request is compatible with surrounding land uses. 5. As of the time of this writing, there have been zero (0) written and one (1) verbal protests received by the Planning & Zoning Office. VI. Staff Recommendation: Based on the findings of fact, the nature of the proposed development, the surrounding land uses and zoning districts, and the regulations established in the Zoning Ordinance, Staff recommends approval of the requested zone change from R-2 Residential District to C-2 Community Commercial District. 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, 16-18 Page 4 of 4 December 20, 2016  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 16-18 (ZOC) LETTER SENT VIA CERTIFIED MAIL ON DECEMBER 7, 2016 TO SURROUNDING PROPERTY OWNERS City of Roswell Planning & Engineering Department Planning & Zoning Office PO Box 1838 Roswell, NM 88202-1838 Telephone: (575)637-6294 Fax: (575) 624-6820 PUBLIC HEARING NOTICE CASE 16-18: Application to Request Change in Zoning from R-2 to C-2 This notice is being sent to you via certified mail because is it indicated that you are a property owner of record within 100 feet of Planning and Zoning Case Number 16-18. The Owner is requesting a Change in Zoning from R-2 to C-2. PROPERTY STREET ADDRESS: 106 W Wildy Street LEGAL DESCRIPTION: Subd: OLIVERS REDIV AMEND Block: 2 Lot: 4 AND: 5 BK: 542 PG: 1335 QCD JT OWNER(S) OF PROPERTY: Lueras AGENT: Rick Kelley ZONING DISTRICT: R-2 The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, DECEMBER 20, 2016 at 6:00 p.m., in the Bassett Auditorium at the Roswell Museum and Art Center, located at 100 West 11th Street. You are entitled, although not obligated, to comment either in writing to our office or in person at the hearing. To be considered, written protests must be submitted to the Planning and Zoning Office no later than noon on the working day prior to the Planning and Zoning Commission meeting. Providing written input to the Planning and Zoning Office at least seven days prior to the hearing will allow your concerns to be addressed in the Staff Report. Written comments may be delivered to the Planning & Zoning Office at 415 North Richardson Avenue, or sent to: City of Roswell, Zoning Administrator, PO BOX 1838, Roswell, NM 88202-1838 or via email to m.hildreth@roswell-nm.gov or submitted in person to the Planning & Zoning Office. The information packet for this zoning case will be available after 1:00 p.m., on Wednesday, December 14, 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 this Case, call 575.637.6294. Respectfully, Merideth Hildreth, M.A., AICP (Area Map on Reverse Side ) Current Planning Administrator EXHIBIT D: CASE 16-18 (ZOC) – CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR ZONE CHANGE AND PROPERTIES WITHIN NOTIFICATION AREA Property Under Consideration is 106 West Wildy Street 5 1 2 3 4 7 6 10 9 8 13 12 11 Property Under Consideration Properties Within Notification Area  EXHIBIT E: 16-18 ZOC LIST OF PROPERTY OWNERS NOTIFIED 1. LUERAS, BENNY R; TINA 807 CONCHAS PL ROSWELL, NM 88203 2. WGC ROSWELL, LLC 7500 RIALTO BLVD, SUITE 250 AUSTIN, TX 78735 3. 7. 8. & 9. DAVIS, DICKIE C; PAM OR PROPERTY OWNER 1400 S MAIN ST ROSWELL, NM 88203 4. VILTCHINSKI, VLADIMIR; ELENA OR PROPERTY OWNER 102 W WILDY ST ROSWELL, NM 88203 5. SMOLKY, REECE J; BRUCE 4 TAOS CT ROSWELL, NM 88201 6. URBAN, LOLLIE 25 GAIL HARRIS ST ROSWELL, NM 88203 10. BORUNDO, ROSENDO & QUINTANA, SOCORRO OR PROPERTY OWNER 107 W OLIVER ST ROSWELL, NM 88203 11. ALBAREZ, JESUS OR PROERTY OWNER 109 W OLIVER ST ROSWELL, NM 88203 12. GUTIERREZ, MANUEL; MARIA 1210 S RICHARDSON AVE ROSWELL, NM 88203 EXHIBIT F: 16-18 ZOC PROPOSED SITE PLAN 46' LOT 4 LOT 5 25' 20' ELEC. Relocate Landlord's Building here 15'