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Planning & Zoning Commission

Regular Meeting

Roswell, NM · January 24, 2017

AgendaMinutes

Minutes

APPROVED P&Z MEETING MINUTES Tuesday, January 24, 2017 - 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 Miguel Martinez 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 Staff Members Present: Merideth Hildreth, AICP, Current Planning Administrator; Miguel Martinez, Planning & Zoning Technician; William Morris, AICP, CZO, Planning Manager. Audience Members Present: Jerry Metcalf, Lenore Metcalf, Robert Gonzales, Denise Gonzales, Alicia Berroteran, Mettie P. Cummins, Lisa Dunlap, Omar Osmani, Sana Osmani, Larry Connelly, Fred Boggs. Planning & Zoning Commission January 24, 2017 Minutes Page 1 of 12 C. SWEARING IN: Chair Brown swore in staff and members of the audience. D. APPROVAL OF THE AGENDA MOTION to Approve the Agenda as Presented by Commissioner Childress. Second by Commissioner Gross. The motion passed by a voice vote of seven to zero. E. MINUTES: Consider approval of the December 20, 2016 minutes. MOTION to Approve the December 20, 2016 Minutes as Written by Commissioner Gross. Second by Commissioner Childress. The motion passed by a voice vote of seven to zero. Chair Brown: As a Reminder to the audience, anything that we vote on today can be appealed to City Council. Appeals must be submitted by this Thursday by noon in writing. F. ACTION ITEMS: 1. CASE 17-001 VAR: A Request for Zoning Variance to build in the side yard and front yard setbacks in R-1 Zone, Legal Description: Subd: KEITHS SOUTHSIDE Block: 4 Lot: 30 E 62.2’ BK: 417 PG: 247 QCD known as 331 E Ballard Street (Honorio Contreras/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) Site Plan (G) Elevation Rendering Motion to Waive the Reading of the Finding of Facts with Respect to Case 17-001 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 17-001? Denise Gonzales residing at 1407 Sunset Place: Requested a Variance for 331 East Ballard to extend (to be built) five feet from the east and (an additional) three feet on the south from the porch for a remodel. Planning & Zoning Commission January 24, 2017 Minutes Page 2 of 12 Chair Brown: Is there anyone wishing to speak in opposition to make comments regarding 17-001? There were none. Chair Brown: Staff, do you have any comments? Ms. Hildreth: This case is a zoning variance to allow a first floor addition to be five feet from the east property line and a second story addition over (the first floor) to be ten feet from the east property line. The right-of-way next to the property is approximately 190 feet for HWY 285 with a wide alley easement. There will be no problems with the (clear site triangle) being able to see around it. This is in R-1 Zone. The other part of the variance is in the front yard. In your packet is a picture showing an existing addition. They want to enclose this porch that is part of the existing footprint and is approximately eighteen feet (18’) from the front property line now. They want to extend a front porch three feet beyond that over the doorway which will be part of the architecture of the house. The small porch area will be about fifteen feet (15’) from the front property line. Staff recommends approval for both variances. MOTION – 17-001 VAR Commissioner Armstrong made a motion to approve Case 17-001 based on the finding of facts and the testimony provided this evening. Second by Commissioner Gross. The motion passed by a voice vote of seven to zero. 2. CASE 17-002 VAR: A Request for Zoning Variance to build accessory structure within the side yard setback and taller than primary residential structure in R-1 Zone, Legal Description: Subd: LINCOLN PLACE ANNEX Block: 3 Lot: 1 E 67.20’ Quarter: SW S: 31 T: 10S R: 24E BK: 275 PG: 442 REC known as 1800 W Third Street (Lenore Metcalf & Jerry Metcalf/Owners). Attached: (A) Application – 2 Pages; (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 Motion to Waive the Reading of the Finding of Facts with Respect to Case 17-002 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 17-002? Planning & Zoning Commission January 24, 2017 Minutes Page 3 of 12 Jerry Metcalf - 1800 West Third Street: People opposed may not understand what we are doing. He asked permission to approach the dais to present photos. Photos were presented. This is not a big warehouse, it is a 24’3” square building. The reason he is building the storage is to clear out the rickety structure and multiple storage sheds. This is an improvement to the property to be professionally built by a contractor. It’s not shedding water to any of the neighbors. Commissioner Gross: It appears you are under construction currently. Mr. Metcalf: According to our contractor, we thought we were good. The contractor wasn’t aware of the amendment on the side that anything over twelve (feet in height) had to be an additional foot (setback for every foot over twelve feet in height). I had dug the footings and set the forms. Commissioner Gross: Did the City issue a permit to dig the footings? Mr. Metcalf: We have not had a permit. Only the footings are in. No concrete has been poured, no steel is in place. I intend once the permit (is issued) to have full inspections. Commissioner Gross: Did you have locates done on the property. Mr. Metcalf: I had no locates done on the property. Commissioner Armstrong: I have a question for staff. Is the issue with this the height? Ms. Hildreth: Yes, the building could be placed in the exact location five feet from the property line if it were only twelve feet (12’) high at its peak. Because (the building) is going to be fourteen feet six inches (14’6”), it would need to be scooted over three feet more. It has to be eight feet (8’) instead of five feet (5’) from the property line. There are some site conditions, slope and trees on his property. It would be a better project for him if he could put (the building) five feet (5’) from the property line. If he lowered the roof to twelve feet (12’), he wouldn’t be here tonight; he would already have his building permit. Commissioner Armstrong: My question to Mr. Metcalf is why do you need the additional two foot six inches (2’6”) (height)? Mr. Metcalf: The walls are twelve foot (12’). I’m clearing out other storage sheds and want to have an upper area (in the new structure) for storage. Commissioner McDaniel: The fourteen foot (14’) is at the pitch? Mr. Metcalf: Fourteen foot (14’) at the pitch with twelve foot (12’) walls. Planning & Zoning Commission January 24, 2017 Minutes Page 4 of 12 Chair Brown: Is there anyone wishing to speak in opposition to make comments regarding 17-002? Alicia Berroteran – 1805 West Third Street: The reason I’m opposed to this is not because it’s a huge building, but because he’s running a commercial business in a residential area. With the new building he will bring more business and more vehicles. He blocks the street on Third Street. He blocks the street on Nevada. We cannot see. Fred Boggs – 1813 West Third Street: I’d like to hear the staff summary. Chair Brown: We will get there. Lenore Metcalf – 1800 West Third Street: As far as the vehicles are concerned, a lot are personal vehicles. We have some we park on the side of the road at times with our work machines. We have jobs that take two or three weeks, so we like to have our machinery with us. When we have another job, we take it so the street is clear again. We have Jerry’s work truck. The other vehicle is a van that is pulled into the driveway all the time when not using it. Our employee’s vehicle is parked in the front. We don’t intend on getting any more employees or any more vehicles. Ms. Berroteran: They have heavy equipment that have stayed a month or month and a half. He has three trucks, with attached trailers, and four vehicles in the driveway. All the neighbors have to exit that block at that corner. Commissioner Taylor: Are the construction vehicles parked on Third Street right in front of the house or around the corner? Ms. Berroteran: They are parked on both Third Street and Nevada. He blocks the whole corner. Commissioner Taylor: Mr. Metcalf, is it my understanding that you are running this construction company out of your residence? Mr. Metcalf: This is a plumbing business that I run. I have my plumbing van in the driveway on Third and my employee parks on Third. On the side, I have my main work truck with a cargo trailer. If I feel like I need it enough, I bring in my flat bed that has a mini-excavator and a bobcat on it. When I’m not using it at all, I store it out of town. I am running my business out of my house legally. I do not sell to people. Customers do not come to my house. I don’t have an inventory. Chair Brown: There are two issues, the case before us and the neighbors’ issue with the amount of vehicles at the house. Chair Brown stopped the discussion of the vehicles. Planning & Zoning Commission January 24, 2017 Minutes Page 5 of 12 Commissioner Gross: Asked if Mr. Metcalf intends to put a garage door in the building, and if there would be alley access. Mr. Metcalf: There will be a garage door and the only alley access is through a walk-through gate. Access to the back yard is through a gate from Third (it’s actually Nevada). Mr. Morris: We will have discussions about the vehicles and use of the site to sort it out. That’s one issue. This variance is about an individual with a taller shed than normal trying to locate it in a certain place on the site, there are some other (site) conditions and we understand that. When I arrived (in Roswell) there was an (amendment to the) ordinance (stipulating) that for every foot over a certain height (buildings) would have to be shifted over from the side (property line). I believe this was for a certain two-story type of storage shed that could be bought at Home Depot with upper story windows and glazing that could look over a neighbor’s property. In the short term, we would like to look at this. Is it the height that’s an issue, because you can have a two-story house, or is it about privacy that you might expect as a home owner in your backyard and someone builds something tall with the ability of looking over. In this case, there is a garage that happens to be a couple of feet taller. Staff doesn’t have an issue with respect to that. It’s not imposing anything larger than most people would notice. Is this (clause) in the code really what we want? We’ve had several of these (setback variance cases) already. Commissioner Armstrong: Give a timeline on this other issue and how it will be dealt with. Mr. Morris: We will talk with the Metcalfs in understanding what the rules are starting tomorrow. A resolution will be up to what all the facts are and determining what all is happening. I don’t know the status of the business license. Next month we will bring a report back to you and its final resolution. Commissioner Armstrong: We’ve had one protest and some letters about the other (vehicle) issue. I wonder if these issues need to be resolved before we vote on Case 17-002. Mr. Morris: With respect to the code, there are criteria. There is a variance request and a process in the code, and a building permit (application) that goes with this. The other issue is the type of use for this property in (another part of the code.) From my perspective, these are two separate issues. We will always have these types of complaints because they are movable vehicles that will be there one day and won’t be there another day, which makes this difficult for code compliance. These people have a process to request (a variance), and if they built a building two feet shorter, they wouldn’t even be here. Planning & Zoning Commission January 24, 2017 Minutes Page 6 of 12 Chair Brown: I agree with you. I also agree there are a lot of vehicles there. We will look into it. I’m sure Mr. Metcalf will work with staff. Mr. Morris: Potential uses of the property not stated in the zoning code is not simple as it involves several departments and several parts of the code. Chair Brown: Because of the protest letters, do we have to have a super majority or does this automatically go to City Council? Ms. Hildreth: There were four (protest letters) for the case. Chair: Any decisions can be appealed to City Council appeals due in writing by noon on Thursday. MOTION – 17-002 VAR Commissioner Storey made a motion to approve Zoning Case 17-002, an Application for a Zoning Variance at 1800 West Third Street with the information provided in the packet and the information we received tonight. Second by Commissioner Childress. Ms. Hildreth: We are requesting a Roll Call Vote. Commissioner Armstrong OPPOSE Commissioner Gross OPPOSE Commissioner Childress APPROVE Commissioner Storey APPROVE Commissioner Taylor OPPOSE Commissioner McDaniel APPROVE Chair Brown APPROVE Ms. Hildreth: Four approved and three opposed. Commissioner Storey: Wanted to be sure about the letters. Some look like they are from outside the one hundred foot radius. Mr. Morris: Requested a ten minute recesses to determine if twenty percent of the protest letters were within the one-hundred foot notification area. Mr. Morris: We recalculated the protest letters we have (received). There is only one (protest letter) that fits within the notification distance of one-hundred as stated in Section 4: Procedures of Voting: In that case, all that is required is a favorable vote to proceed onwards. Planning & Zoning Commission January 24, 2017 Minutes Page 7 of 12 Chair Brown: The motion was approved. Appeals are due to City Staff by noon time (on Thursday). City Staff has told me they will provide a report about the outcome of negotiations with Mr. Metcalf regarding the parking of vehicles. 3. CASE 17-003 ZOC: A Request for Change in Zoning from R-3 and RMS to CO-1 (Commercial Office), Legal Description: Subd: OSMANI-HAMMOND SUMMARY REPLAT Tract: 1 Quarter: NW S: 28 T: 10S R: 24E BK: 701 PG: 005 WDJT known as 402 E Country Club Road (Omar Osmani & Sana Osmani/Owners; Lee Chester, L3 Healthcare/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 17-003 by Commissioner Armstrong. Second by Commissioner Gross. The motion passed by a voice vote of seven to zero. Chair Brown: Is there anyone wishing to speak in favor of 17-003? Omar Osmani – 1 Berrendo Meadows Circle: 17-003 is about building orthopedically-related medical offices that will serve the community. We want to take good care of our neighbors. The building will be recessed, landscaping will improve the property, and the parking and entrance will be on the side. Dr. Osmani requested approval of the project in order to provide the services to the community. Larry Connelly- Residing at 2815 Encanto Drive: This is a great project. Sana Osmani - 1 Berrendo Meadows Circle: Our goal is to build a medical facility to have orthopedic services for the area. Regarding protest letters from the neighbors, their concerns are our concerns, too. We know the traffic is a problem for them. Nationwide, you can see medical offices in residential areas. Landscaping will be on the Country Club Road side. (The project) will increase the value of homes in the area. Part of the land is zoned for RV’s (Manufactured Homes), and I don’t think this (use) increases the value of the neighborhood. When we build a really nice building, it will be a positive addition to the neighborhood. One neighbor is concerned about parking. Most parking will be on the south side with some on the east side. Mrs. Osmani suggested a stop sign. Alicia Berroteran – Residing at 1805 West Third Street: Thanks to Dr. Osmani, I walk. We need that facility in Roswell. Planning & Zoning Commission January 24, 2017 Minutes Page 8 of 12 Chair Brown: Is there anyone wishing to speak in opposition to make comments regarding 17-003? Mettie Cummins – Residing at 411 East Country Club Road – across the road from the property. Spoke against the project because it is a residential area, and not meant to be a commercial area. This neighborhood was a quiet residential neighborhood. Goddard High School has increased traffic. My neighbor to the right doesn’t want it and the neighbors next to it don’t want it. There are a lot of places that would be good for doctor’s offices. I hope you understand my concerns. Dr. Osmani: I want to clarify a few things. The landscaping will beautify what Ms. Cummins is looking at. Right now it’s a dirt lot with mesquite bush and nothing there. Goddard was built in 1969. The students are driving fast. My eighty-year old patients will be driving slow. Our architect lined up Mimosa with our entrance in order to create a corner there, and perhaps a stop sign would help. A deceleration lane is incorporated. The building will be built to look like a house that fits in a residential area. It’s not a commercial business, there won’t be a gas station. Medical offices are quiet and commonly placed in residential areas. Aesthetically, it will look better than the trailer park to the south. Hopefully this facility will attract physicians to take care of the people in Roswell. Commissioner Taylor: Asked about Phase I and Phase II. R-3 allows up to 10,000 square feet for professional office. Dr. Osmani: We may never reach full capacity to develop Phase II. Mr. Morris: (The rezoning) is in anticipation of the future development of this four-acre site which has more potential than the 10,000 square feet (allowed in R-3). We talked about creating a district to mimic residential development with parking in the back, smaller lighting standards, and pitched roofs. We’re looking at the site in its totality. Professional and Commercial Office is not a residential use, but is typically an 8 to 5 use when most people are away from home. Impacts to residential folks is minimized. The Osmani’s purchased land from the (neighboring) bed and breakfast and went through a summary replat to increase the size of the lot to allow for potential future expansion. Latest DOT traffic counts show 7000 trips a day in both directions. Traffic past the high school drops about 1000 trips. The high school is generating about 1000 trips a day. Stop signs increase interlink speeds (that drivers) make up the time they have to stop at a stop sign. Commissioner Storey: There are guidelines that traffic engineers and city’s must follow regarding stop signs. A traffic study could be done. This is not a typical four-way stop intersection with a business as a fourth leg. Country Club Road is designated as a Minor Arterial and is not built to the width of arterial standard. It may be something the city will look at. Planning & Zoning Commission January 24, 2017 Minutes Page 9 of 12 Mr. Morris: There’s already an easement on the (preliminary) site plan in front of you for an east-bound deceleration lane. This will allow for cleaner turning movements. Commissioner Storey: The C0-1 is a new type of zoning, and allows spot zoning in the middle of R-1 or R-3 zoning. Mr. Morris: This is the only zone in the zoning code that utilizes design criteria to minimize and limit impacts. In standard Euclidian Zoning, uses are separated. In my experience, Commercial Office can be fit into other areas through the use of site design criteria. It’s an office building, but doesn’t have to look like an office building. Staff recommends approval. MOTION Commissioner Storey made a motion to approve Case 17-003, a request for a zone change from R-3 and RMS to CO-1 at 402 East Country Club Road along with the information received we tonight that has been presented to us and with the caveat that the site plan be incorporated as much as possible to what was presented to us showing the right turn lane off of Country Club into the property and the six foot tall privacy fence on the east side stucco to be painted to match this house just as near as possible with all the site plans. Second by Commissioner Gross. The motion passed by a voice vote of seven to zero. Commissioner Gross thanked Dr. Osmani for investing the last thirteen years in Roswell and your future in Roswell. 4. Election of Planning & Zoning Commission Officers. MOTION – ELECTION OF OFFICERS Commissioner Childress nominated Ralph Brown as Chairman of the Planning & Zoning Commission for another year. Second by Commissioner Storey. The motion passed by a voice vote of six to one. Commissioner Childress nominated Riley Armstrong to continue as Vice Chair of the Planning & Zoning (Commission) for the next year. Second by Commissioner Gross. The motion passed by a voice vote of seven to zero. Commissioner Storey nominated Shirley Childress to Secretary of the Planning & Zoning. Second by Chair Brown. Planning & Zoning Commission January 24, 2017 Minutes Page 10 of 12 The motion passed by a voice vote of seven to zero. MOTION – APPROVAL OF P&Z CALENDAR OF REGULARLY SCHEDULED MEETINGS IN CALENDAR YEAR 2017 5. Approve Planning & Zoning Commission Meeting Dates for the 2017 Calendar Year. Commissioner Armstrong made a motion that we approve the Planning & Zoning Commission Meeting Schedule as proposed. Second by Commissioner Childress. The motion passed by a voice vote of seven to zero. G. OTHER BUSINESS 1. Discussion of 1901 West Second Street. Mr. Morris: There is a parcel on the north side of West Second Street, pictures in the hand out, is zoned C-4, similar to C-2. (Game & Fish) leases this site to store trailers. The question has been asked in the past whether this was legal without a special use permit. Our interpretation is that the primary use on site is the structure that is there intended to be there as a retail use. Storage is an allowed use on site. If storage were the primary use on site, a special use permit would be (required.) Commissioner Gross: It should be condemned and it is not in use. (The building) is not a safe facility. It was used as a carwash spray booth, and was rusted. Chair Brown: Comments were made about state and federal governments being exempt from local zoning ordinances. Would it fall under this umbrella? Mr. Morris: I don’t think they are. I didn’t know about any problem with the structure. If it goes away, or if the building is not usable as a primary use it cannot be considered a primary use (it would need a special use permit to be used as a parking lot.) Game and Fish doesn’t get a business license (from the City.) Commissioner Gross and Commissioner Armstrong: Does the individual have a business license (to lease it)? Planning & Zoning Commission January 24, 2017 Minutes Page 11 of 12 Mr. Morris: I don’t know if the owner has to get a business license to lease it to another entity. Commissioner Armstrong: Typically, the business leasing the property and running the business is required to have the business license, not the owner. Mr. Morris: I will relook at that. I had not heard about the condition of the building. Commissioner Gross: This issue is they are circumventing everything, no city taxes are being paid, no business license. The city has a junkyard, it’s a little nicer than that. It’s the state stuff that is dilapidated. What would prevent me from opening a junk yard down the street in C-4? Mr. Morris: If you are the operator, you would need a business license. The state is exempt. If you are a property owner and not using your site, you don’t have to have a business license. You have a boarded up building, and as long as not using it, no business license is required. Chair Brown: Bill, you will look into this. H. PUBLIC COMMENTS None I. ADJOURN The meeting adjourned at 7:32 p.m. Planning & Zoning Commission January 24, 2017 Minutes Page 12 of 12

Agenda

City of Roswell Planning & Zoning Commission Agenda Tuesday, January 24, 2017 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 December 20, 2016 Minutes F. Public Hearing Items CASE 17-001 VAR: A Request for Zoning Variance to build in the side yard and front yard setbacks in R-1 Zone, Legal Description: Subd: KEITHS SOUTHSIDE Block: 4 Lot: 30 E 62.2’ BK: 417 PG: 247 QCD known as 331 E Ballard Street (Honorio Contreras/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) Site Plan (G) Elevation Rendering CASE 17-002 VAR: A Request for Zoning Variance to build accessory structure within the side yard setback and taller than primary residential structure in R-1 Zone, Legal Description: Subd: LINCOLN PLACE ANNEX Block: 3 Lot: 1 E 67.20’ Quarter: SW S: 31 T: 10S R: 24E BK: 275 PG: 442 REC known as 1800 W Third Street (Lenore Metcalf & Jerry Metcalf/Owners). Attached: (A) Application – 2 Pages; (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 CASE 17-003 ZOC: A Request for Change in Zoning from R-3 and RMS to CO-1 (Commercial Office), Legal Description: Subd: OSMANI-HAMMOND SUMMARY REPLAT Tract: 1 Quarter: NW S: 28 T: 10S R: 24E BK: 701 PG: 005 WDJT known as 402 E Country Club Road (Omar Osmani & Sana Osmani/Owners; Lee Chester, L3 Healthcare/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 Election of Planning & Zoning Commission Officers. Approve Planning & Zoning Commission Meeting Dates for the 2017 Calendar Year. G. Other Business Discussion of 1901 West Second 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: January 18, 2017 Planning & Zoning Commission Agenda 1 January 24, 2017 DRAFT FOR APPROVAL P&Z MEETING MINUTES Tuesday, December 20, 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 Miguel Martinez 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 ABSENT Jesse McDaniel PRESENT Staff Members Present: Merideth Hildreth, AICP, Current Planning Administrator; Miguel Martinez, Planning & Zoning Technician; William Morris, AICP, CZO, Planning Manager; Louis Najar, P.E., Director of Planning & Engineering; Aaron Holloman, City Attorney. Audience Members Present: Del Jurney, Kristie Jurney, Reese Smolky, Nathan Wenner. Planning & Zoning Commission December 20, 2016 Minutes Page 1 of 6 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 Childress. Second by Commissioner Armstrong. The motion passed by a voice vote of six to zero. E. MINUTES: Consider approval of the September 27, 2016 minutes. MOTION to Approve the September 27, 2016 Minutes as Written by Commissioner Armstrong. Second by Commissioner Gross. The motion passed by a voice vote of six to zero. Ms. Hildreth introduced new City Staff Aaron Holloman, City Attorney and Miguel Martinez, Planning and Zoning Technician. F. ACTION 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 Motion to Waive the Reading of the Finding of Facts with Respect to Case 16-16 by Commissioner Armstrong. Second by Commissioner Gross. The motion passed by a voice vote of six to zero. Chair Brown: Is there anyone wishing to speak in favor of 16-16? Del Jurney, residing at 406 North Kentucky Avenue: Mr. Jurney requested a Conditional Use Permit to turn a detached garage into a casita for his mother-in- law. Without the Conditional Use Permit, we can do everything except install a stove in the kitchenette. The stove requires a Conditional Use Permit. Mr. Jurney asked the Commission to approve the request so they can install a stove to complete the project. Planning & Zoning Commission December 20, 2016 Minutes Page 2 of 6 Chair Brown: Is there anyone who wishes to speak against Case 16-16? There were no comments. Mr. Morris: The idea is these are accessory units called generational housing. The intent is to allow relatives to have an independent unit on the same piece of property with familial ties. A stove is the one piece that defines a residential unit. We think this meets the intent of the State Statutes for Generational Housing. We would like to talk about additional criteria at a later time. At this time, Staff is secure with this approval. MOTION Commissioner Storey made a motion to approve Case 16-16 Application for Conditional Use Permit for an Accessory Residential Structure with a Kitchen in the R-3 Zoning District along with the finding of facts and the testimony we received tonight. Second by Commissioner Armstrong. The motion passed by a voice vote of six to zero. 2. 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 Motion to Waive the Reading of the Finding of Facts with Respect to Case 16-17 by Commissioner Armstrong. Second by Commissioner Childress. The motion passed by a voice vote of six to zero. Chair Brown: Is there anyone wishing to speak in favor of 16-17? Nathan Wenner: a doctor at Smith Animal Clinic and building the new vet hospital on College near Sycamore. Dr. Wenner asked the Commission to approve a variance for a small monument sign in the style of the building so customers can find the exact location and not miss the turn. Chair Brown: Is there anyone who wishes to speak against Case 16-17? There were no comments. Planning & Zoning Commission December 20, 2016 Minutes Page 3 of 6 Chair Brown: Staff, do you have any comments? Mr. Najar: This Right-of-Way is extremely wide when we developed the corridor for College Boulevard. As you can tell on the plans, it is forty foot wide from back of curb to the property line. His sign will be approximately twenty-three feet from back of the curb. There will be no site distance problems. You can actually stack a long bed truck with a double cab and still have plenty of site distance for the sign and the people ingressing and egressing. My recommendation is to allow the variance. Mr. Morris: I echo what Mr. Najar said. There is plenty of room there. Lower signs fit with the architecture of this area. Staff is supportive of this variance. MOTION Commissioner Armstrong made a motion to approve Case 16-17 a request for a zoning variance to locate a sign in the right-of-way in a C-2 Zone based on the finding of facts and the testimony provided. Second by Commissioner Gross. The motion passed by a voice vote of six to zero. 3. 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 Motion to Waive the Reading of the Finding of Facts with Respect to Case 16-18 by Commissioner Armstrong. Second by Commissioner Childress. The motion passed by a voice vote of six to zero. Chair Brown: Is there anyone wishing to speak in favor of 16-18? None spoke Chair Brown: Is there anyone wishing to speak against Case 16-18? Reece Smolky: residing at #4 Taos Court; Bruce Smolky and Reece Smolky own 108 W Wildey next door. Mr. Smolky discussed his concerns for the neighborhood due to unsanitary conditions and litter caused by a past tenant and Planning & Zoning Commission December 20, 2016 Minutes Page 4 of 6 complaints filed with Code Enforcement. He discussed the property owner’s old pickup on the property. He discussed the depleted fence on the property and stated the fence on the west side is not that stable. He stated he doesn’t mind a business going there, but wants reassurance from the Commission that the property will be cleaned up and issues are addressed before anything is changed. He stated he put up a fence on the east side of his property to keep out litter. He realizes the property owner may be able to rent to the Water Windmill. Commissioner Armstrong asked Mr. Smolky to approach the dais and identify his property in the picture. Ms. Hildreth: The lot on the east is already commercial. The application is to change the zoning on the west lot to make it commercial as well. The Water Windmill is likely to go on the eastern lot that is already zoned commercial. This application was already submitted when they decided to change their site plan and not consolidate the lots and place the Water Windmill on the east lot. It makes sense to rezone it to Commercial since it has been used historically commercially and it is paved. Mr. Najar: From an engineering point of view, it is a simple kiosk type business. You have vehicles that go in and go out. With regard to zoning, and Mr. Morris can correct me, once zoned C-2, no one can live on it, so it would be strictly commercial. Mr. Morris: An accessory residential structure is allowed in C-2. Mr. Najar: The existing building currently splitting the property lines will be relocated to the back of lot 5. The kiosk will go on the front part of Lot 4. It will have to be kept clean. Since it is commercial, the screen fences will have to be maintained. We have a new parking lot ordinance. The parking lot will have to be maintained. The abandoned truck is a Code Enforcement issue. There was discussion among Commissioners and Mr. Smolky and Staff about fencing between the C-2 and Residential zones to the west and the south. Mr. Morris: A fence would have to be placed next to a residential zone. There will be cars in the parking lot with lights shining onto the residential property. Mr. Najar: Solid fencing between residential and C-2 would be required on the west and south side. A solid fence can be constructed of wood, metal, cinderblock, vinyl of conventional material properly constructed to code and maintained. In the fence ordinance, tall fences must be twenty feet from the back of the curb so there is no site hazard for either property. Planning & Zoning Commission December 20, 2016 Minutes Page 5 of 6 Mr. Smolky: Are three buildings are allowed on two lots? Mr. Morris: Yes. Commissioner Storey: What improvements will the owner have to make to the lot to bring it up to code? Mr. Najar: Two driveways are already there, and a cable barrier is in the front. The asphalt serves as a sidewalk and meets the cross slope, and will have to be maintained. We discussed landscaping at the plan review. Landscaping will be required. MOTION Commissioner Storey made a motion to approve Case 16-18, a request to change zoning from R-2 to C-2 with the legal description OLIVERS REDIV AMEND Block: 2 Lot: 5 with the address of 106 West Wildey along with finding of facts and the testimony received tonight and with the caveat that Planning & Zoning and Engineering make sure that a six foot tall screen fence is erected on the west and south side and the remainder of the lot is brought up to code as far as landscaping and other city requirements. Second by Commissioner Armstrong. The motion passed by a voice vote of six to zero. Chair Brown: Appeals in writing to any case heard tonight are due to the Planning & Zoning Office this Thursday by noon. G. OTHER BUSINESS 1. Discussion of 2017 Meeting Dates H. PUBLIC COMMENTS Commissioner Storey: Requested discussion of a property on West Second Street at the next Planning & Zoning Commission Meeting. Mr. Morris: Staff will make a presentation at the next meeting. I. ADJOURN The meeting adjourned at 6:41 p.m. Planning & Zoning Commission December 20, 2016 Minutes Page 6 of 6 EXHIBIT A: 17-001 VAR APPLICATION EXHIBIT B: STAFF SUMMARY FOR CASE 17-001 (VAR) Page 1 of 4 311 E Ballard Street Roswell Planning & Zoning Commission Tuesday, January 24, 2017 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 17-001 (VAR): A Request for Zoning Variance to the Side Yard Setback to construct an addition within five feet of the east property line and a Variance to the Front Yard setback to enclose the existing porch area and add an additional three foot deep unenclosed porch entrance. I. Legal Description: Subd: KEITHS SOUTHSIDE Block: 4 Lot: 30 E 62.2’ BK: 417 PG: 247 QCD. Owner: Honorio Contreras Site Address: 331 E Ballard Street Request: Zoning Variance on a Corner Lot to construct an addition within five feet of the east property line and a Variance to the Front Yard setback to enclose the existing porch area and add an additional three foot deep unenclosed porch entrance. II. Site data: Site Area: 6,944 ± square feet UPC: 4136063220392000000 Existing Land Use: Single Family Residential (one story) Proposed Land Use: Single Family Residential (two story) 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 Community Commercial on the other side of 190’ C-2 R-O-W (US HWY 285) West Single Family Residential R-1 Planning & Zoning, 17-001 Page 1 of 4 January 24, 2017 EXHIBIT B: STAFF SUMMARY FOR CASE 17-001 (VAR) Page 2 of 4 311 E Ballard Street * Chaves County Assessor’s Map – CASE 17-001 (VAR) * * Zoning Map – CASE 17-001 (VAR)* GOOGLE EARTH PRO AERIAL of 331 E Ballard Street (Accessed 1.17.2017) GOOGLE EARTH PRO STREET VIEW of 331 E Ballard Street – Showing Slope (Accessed 1.17.2017) Planning & Zoning, 17-001 Page 2 of 4 January 24, 2017 EXHIBIT B: STAFF SUMMARY FOR CASE 17-001 (VAR) Page 3 of 4 311 E Ballard Street III. Intent of Petition: The applicant is requesting Variances in Zoning to construct an addition to the first floor and a second floor addition within the required side yard setback for a corner lot, and to enclose an existing front porch and add a covered entrance that may encroach into the required front yard setback. The applicant is requesting the following variances. a. A variance to the required setback of the eastern street side yard to allow a first floor addition to be constructed five feet (5’) from the eastern property line and a second floor addition to be constructed ten feet (10’) from the eastern property line. b. A variance to the required front yard setback to enclose the existing front porch area and add a three-foot deep covered porch entrance. The existing structure is approximately twenty-five feet (25’) behind the back of sidewalk. If the back of sidewalk were the property line, no variance would be required. However, the property line appears to be located up to ten feet (10’) behind the sidewalk, in which case a variance would be required. There is a curvature on the front of this lot, creating more space between the sidewalk and property line than properties to the west. IV. Land Use and Zoning Considerations: 1. This corner lot property, located at 331 E Ballard Street, is a single-family residence within the R-1 Residential Zoning District. 2. The lot dimensions are sixty-two feet by one-hundred twelve feet (62’X112’). 3. On the east, the property abuts a Right-of-Way that is approximately one-hundred ninety feet (190’) wide and includes an abutting alley and Southeast Main Street also known as US HWY 285, which is classified as a Principal Arterial under the Functional Street Classification Plan. The measurement from the property’s eastern boundary to the nearest curb of US HWY 285 is approximately seventy feet (70’). The alley area on the eastern boundary between the property line and the US HWY 285 curb is approximately thirty-eight feet (38’) in width. Due to this configuration, this is not a typical corner lot abutting either a Local Street or an Arterial. Construction of the additions will not pose visibility issues within the clear sight triangle. 4. According to the Chaves County Assessor’s information, the house was constructed in 1953. 5. Several corner lots on streets parallel to Ballard Street appear to have construction up to or close to the eastern boundary line. Planning & Zoning, 17-001 Page 3 of 4 January 24, 2017 EXHIBIT B: STAFF SUMMARY FOR CASE 17-001 (VAR) Page 4 of 4 311 E Ballard Street 6. City of Roswell Zoning Ordinance ARTICLE 21: DEVELOPMENT STANDARDS states the following: Section 2: Residential Districts R-1 Front Yard setback required for Local or Collector streets is twenty-five feet (25’). R-1 Street side yard setback required for Arterials is thirty-five feet (35’). R-1 Street side yard setback required for Local or Collector Streets is twenty-five feet (25’). 7. City of Roswell Zoning Ordinance ARTICLE 22: BUILDING AND PERFORMANCE STANDARDS states the following: Section 5: Exceptions to Required Yards C. A non-enclosed porch or terrace shall not project more than 5 feet into the required front yard spaces. 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, and the approximately seventy foot (70’) distance between the lot and the nearest curb of US HWY 285, Staff recommends approval of case 17-001 to allow construction in the street side yard setback of the first floor addition five feet (5’) from the eastern property line, construction of the second floor addition ten feet (10’) from the eastern property line, enclosure of the existing front porch area, and construction of a three-foot deep covered porch entry within the 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, information provided in the Staff Summary and packet, testimony and material introduced at the hearing. Planning & Zoning, 17-001 Page 4 of 4 January 24, 2017 EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 17-001 (VAR) LETTER SENT VIA CERTIFIED MAIL ON JANUARY 5, 2017 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 January 5, 2017 RE: PUBLIC HEARING NOTICE for ZONING CASE 17-001 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 17-001 VAR. The Property Owner in this case is requesting a Variance to the Side Yard Setback to construct an addition within five feet of the east property line and a Variance to the Front Yard setback to enclose the existing porch area and add an additional three foot deep unenclosed porch entrance. PROPERTY LOCATION: 331 E Ballard Street LEGAL DESCRIPTION: Subd: KEITHS SOUTHSIDE Block: 4 Lot: 30 E 62.2’ BK: 417 PG: 247 QCD OWNER OF PROPERTY: Honorio Contreras ZONING DISTRICT: R-1 The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, JANUARY 24, 2017 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, January 18, 2017. 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 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. Respectfully, Merideth Hildreth, M.A., AICP (Area Map on Reverse Side ) Current Planning Administrator EXHIBIT D: CASE 17-001 (VAR) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR VARIANCE AND PROPERTIES WITHIN NOTIFICATION AREA 2 10 3 1 6 5 4 11 9 8 12 7 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA EXHIBIT E: 17-001 VAR LIST OF PROPERTY OWNERS NOTIFIED 10. BELL REALTY CO 2. MARTINEZ, MIGUEL & MARIBELL PO BOX 490 326 E CHURCH ST ROSWELL, NM 88202 ROSWELL, NM 88203 11. SHYNE, C MICHAEL PO BOX 554 3. GOMEZ, ABEL C & LINDA M ALAMOGORDO, NM 88311 PO BOX 726 ROSWELL, NM 88202 12. VIGIL, BOBBIE J 326 E BALLARD ST 4. HENKE, JAY W ROSWELL, NM 88203 601 W CHURCH ROSWELL, NM 88203 5. MONYOYA, RUBEN 1. CONTRERAS, HONORIO P 327 E BALLARD ST 321 E CHURCH ST ROSWELL, NM 88203 ROSWELL, NM 88203 6. BARRIENTOS, BACILIO & FABIANA 329 E BALLARD ST ROSWELL, NM 88203 7. BECERRA, DAVID A PO BOX 14 LAKE ARTHUR, NM 88253 8. DURAN, LUPE 244 VERMONT SE ALBUQUERQUE, NM 87108 9. MARIN, ERLINDA 323 E BALLARD ST ROSWELL, NM 8820 EXHIBIT E: 17-001 VAR LIST OF PROPERTY OWNERS NOTIFIED EXHIBIT F: 17-001 VAR SITE PLAN EXHIBIT G: 17-001 VAR ELEVATION RENDERING EXHIBIT A: 17-002 VAR APPLICATION (PAGE 1 OF 2 EXHIBIT A: 17-002 VAR APPLICATION (PAGE 2 OF 2) EXHIBIT B: STAFF SUMMARY FOR CASE 17-002 (VAR) Page 1 of 4 1800 W Third Street Roswell Planning & Zoning Commission Tuesday, January 24, 2017 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 17-002 (VAR): A Request for Zoning Variance to Construct Workshop Taller than Residential Structure and within Required Interior Side Yard Setback I. Legal Description: Subd: LINCOLN PLACE ANNEX Block: 3 Lot: 1 E 67.20’ Quarter: SW S: 31 T: 10S R: 24E BK: 275 PG: 442 REC Owner: Lenore Metcalf & Jerry Metcalf Agent: Lenore Metcalf & Jerry Metcalf Site Address: 1800 W Third Street Request: Request for Zoning Variance to encroach in Required Side Yard Setback for placement of a 24’3” X 24’3” foot accessory structure in Rear Yard. Request for a variance in height for the structure to be 14’6” tall at highest roof peak, whereas the residential structure is approximately 13’8” tall at the roof peak. II. Site data: Site Area: 12,261± square feet UPC: 4134061269496000000 Existing Land Use: Single Family Residential Proposed Land Use: Single Family Residential and construction of a 24’3”X24’3” accessory structure in the Rear Yard. 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 – across the alley C-4 East Single Family Residential R-1 West Single Family Residential R-1 Planning & Zoning, 17-002 Page 1 of 4 January 24, 2017 EXHIBIT B: STAFF SUMMARY FOR CASE 17-002 (VAR) Page 2 of 4 1800 W Third Street Chaves County Assessor’s Map – CASE 17-002 (VAR) * * * Zoning Map – CASE 17-002 (VAR) * GOOGLE EARTH PRO AERIAL of 1800 W Third Street (Accessed 1.17.2017) GOOGLE EARTH PRO STREET VIEW of 1800 W Third Street – Showing Slope (Accessed 1.17.2017) Planning & Zoning, 17-002 Page 2 of 4 January 24, 2017 EXHIBIT B: STAFF SUMMARY FOR CASE 17-002 (VAR) Page 3 of 4 1800 W Third Street III. Intent of Petition: The applicant is requesting Variances in Zoning to place a twenty-four foot three inch (24’3”) by twenty-four foot three inch (24’3”) accessory structure in the rear yard to be used as a workshop. The height of the structure at its peak is fourteen feet six inches (14’6”). 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 approximately ten (10) inches. The primary residential structure is approximately thirteen feet eight inches (13’8”) tall. A variance is required to allow the accessory structure to be taller than the height of the primary structure. b. An interior side yard variance of three (3) feet would allow placement of the structure at five (5) feet from the side property line instead of the required eight (8) feet for a structure of its height. The applicant requests this side yard variance from the property’s west boundary line in order for the accessory structure to be constructed in a location to avoid an existing tree and a slope in the rear yard. The walls of the accessory structure’ will be twelve feet (12’) tall. The accessory structure will not have windows on the west side of the structure. IV. Land Use and Zoning Considerations: 1. This corner lot property, located at 1800 W Third Street, is a single-family residence within the R-1 Residential Zoning District. 2. This property abuts an alley on the south side. This Alley separates R-1 fronting on Third Street from C-4 fronting Second Street. The property abuts a residential lot on the west side. Residential lots front on the north side of Third Street. East of Nevada Avenue is R-1 Residential on the south side of Third Street, and Spring River Golf Course on the north side of Third Street. 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. Planning & Zoning, 17-002 Page 3 of 4 January 24, 2017 EXHIBIT B: STAFF SUMMARY FOR CASE 17-002 (VAR) Page 4 of 4 1800 W Third Street 7. The applicant has specified that the accessory structure will not have windows overlooking the west property line. 8. This accessory structure will be located approximately seven feet from the rear property line and exceeds setback requirements. 9. The lot is sixty-seven by one-hundred eighty three feet (67’X183’). 10. The high part of a slope begins at the rear property line. The back of the house is approximately ninety feet (90’) from the rear property line. 11. The applicant plans to remove two (2) or three (3) smaller existing accessory structures in the rear yard. 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 one (1) verbal protest received by the Planning & Zoning Office. VI. Staff Recommendation: Based on the current findings of fact, the configuration of tree(s) and sloping topography of the lot, the fact that no windows will face the neighboring property to the west, 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 one (1) foot, to approve an Interior Side Yard Variance of three feet (3’) for placement of the structure five feet (5’) from the west 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, testimony and material introduced at the hearing. Planning & Zoning, 17-002 Page 4 of 4 January 24, 2017 EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 17-002 (VAR) LETTER SENT VIA CERTIFIED MAIL ON JANUARY 5, 2017 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 January 5, 2017 RE: PUBLIC HEARING NOTICE for ZONING CASE 17-002 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 17-002 VAR. The Property Owner in this case is requesting a Variance for a 14’6” tall Accessory Structure to be constructed five feet from the West Property Line and to be taller than the 13’8” tall Residential structure. PROPERTY LOCATION: 1800 West Third Street LEGAL DESCRIPTION: Subd: LINCOLN PLACE ANNEX Block: 3 Lot: 1 E 67.20’ Quarter: SW S: 31 T: 10S R: 24E BK: 275 PG: 442 REC OWNER(S) OF PROPERTY: Lenore Metcalf & Jerry Metcalf ZONING DISTRICT: R-1 The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, JANUARY 24, 2017 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, January 18, 2017. 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 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. Respectfully, Merideth Hildreth, M.A., AICP (Area Map on Reverse Side ) Current Planning Administrator EXHIBIT D: CASE 17-002 (VAR) CHAVES COUNTY ASESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR VARIANCE AND PROPERTIES WITHIN NOTIFICATION AREA 2 3 11 5 4 1 10 9 6 7 8 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICAION AREA EXHIBIT D: CASE 17-002 (VAR) CHAVES COUNTY ASESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR VARIANCE AND PROPERTIES WITHIN NOTIFICATION AREA EXHIBIT E: 17-002 VAR LIST OF PROPERTY OWNERS NOTIFIED 1. METCALF, JERRY & LENORE 11. ROSWELL, CITY OF 1800 W THIRD ST PO BOX 1838 ROSWELL, NM 88201 ROSWELL, NM 88202-1838 2. VAN RAES, ANDREA R & THOMAS L 300 N NEVADA AVE ROSWELL, NM 88201 3. BERROTERAN, ALICIA C 1805 W 3RD ST ROSWELL, NM 88201 4. KIRK, CONSTANCE H 1804 W 3RD ST ROSWELL, NM 88201 5. LEATHERMAN REVOCABLE; LIVING TRUST OR PROPERTY OWNER 1802 W 3RD ST ROSWELL, NM 88201 6. & 7. KRUM LAND & CATTLE COMPANY LLC OR PROPERTY OWNER PO BOX 1858 ROSWELL, NM 88202 8. FEATHERSTONE DEV CORP OR PROPERTY OWNER PO BOX 429 ROSWELL, NM 88202 9. HEALY, RANDALL J & DESDA R 1718 W 3RD ST ROSWELL, NM 88201 10. GINSBERG TRUST; BERNARD R & MARY H TRUSTEES PO BOX 100 ROSWELL, NM 88202 EXHIBIT F: 17-002 VAR SITE PLAN EXHIBIT A: 17-003 ZOC APPLICATION EXHIBIT B: STAFF SUMMARY FOR CASE 17-003 (ZOC) 402 E Country Club Road (Page 1 of 4) Roswell Planning & Zoning Commission Tuesday, January 24, 2017 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 17-003 (ZOC): A Request for Zone Change from R-3 & RMS to CO-1 1. Legal Description: Subd: OSMANI-HAMMOND SUMMARY REPLAT Tract: 1 Quarter: NW S: 28 T: 10S R: 24E BK: 701 PG: 005 WDJT Owner: Omar Osmani & Sana Osmani Agent: Lee Chester, L3 Healthcare Address: 402 E Country Club Road Request: Request for a change in zoning from R-3 (Residential District) and RMS (Residential Mobile Home Subdivision) to CO-1 (Commercial Office District) II. Site data: Site Area: Approximately 4.024 Acres UPC: 4136060171034000000 Existing Land Use: Vacant Land Proposed Land Use: Commercial Office for Medical Center. Existing Zoning: R-3 and RMS Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Single Family Residential R-3 South Single Family Residential (Mobile Home Subdivision) RMS East Single Family Residential R-3 & RMS West Bed & Breakfast R-3 & RMS Planning & Zoning, 17-003 Page 1 of 4 January 24, 2017 EXHIBIT B: STAFF SUMMARY FOR CASE 17-003 (ZOC) 402 E Country Club Road (Page 2 of 4) Chaves County Assessor’s Map – CASE 17-003 (ZOC)   GOOGLE EARTH PRO AERIAL of 402 E Country Club Road (Accessed 1.17.2017) Zoning Map – CASE 17-003 (ZOC)  Planning & Zoning, 17-003 Page 2 of 4 January 24, 2017 EXHIBIT B: STAFF SUMMARY FOR CASE 17-003 (ZOC) 402 E Country Club (Page 3 of 4) III. Intent of Petition: The applicant is requesting a zone change from R-3 Residential District and RMS (Residential Mobile Home Subdivision) to CO-1 Commercial Office in order build a medical facility. IV. Land Use and Zoning Considerations: 1. This is the first request for rezoning to CO-1 Commercial Office District, since the CO-1 Zoning District was created via Ordinance 16-20 on November 10, 2016. ARTICLE 15: 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 (Out Patient only, no ambulances) 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 2. A preliminary site plan shows a building area with 38,000 square feet of building areas for an outpatient medical center. 3. The lot is in a residential area. The standards adopted with the CO-1 Zoning District are intended to encourage construction of Commercial Offices that are compatible in terms of hours of operation and architectural design with surrounding residential uses. 4. Professional offices are also allowed in Commercial Districts as well as the R-3 Residential District not to exceed 10,000 square feet in gross floor area with a Special Use Permit. The CO-1 Commercial Office District was created as a new zoning district to provide a district for larger professional and commercial office projects to be located within compatible residentially zoned areas. Planning & Zoning, 17-003 Page 3 of 4 January 24, 2017 EXHIBIT B: STAFF SUMMARY FOR CASE 17-003 (ZOC) 402 E Country Club (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 zero (0) 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 Zoning Case 17-003 to change the zoning from R-3 Residential District and RMS Residential Mobile Home Subdivision to CO-1 Commercial Office 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 testimony and material introduced at the hearing. Planning & Zoning, 17-003 Page 4 of 4 January 24, 2017 EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 17-003 (ZOC) LETTER SENT VIA CERTIFIED MAIL ON JANUARY 5, 2017 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 January 5, 2017 RE: PUBLIC HEARING NOTICE for ZONING CASE 17-003 ZOC Application for a Change in Zoning 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 17-003 ZOC. The Property Owner in this case is requesting a Change in Zoning from R-3 (Residential Zoning District and RMS (Residential Mobile Home Subdivision District) to CO-1 (Commercial Office District). PROPERTY LOCATION: 402 East Country Club Road LEGAL DESCRIPTION: Subd: OSMANI-HAMMOND SUMMARY REPLAT Tract: 1 Quarter: NW S: 28 T: 10S R: 24E BK: 701 PG: 005 WDJT OWNER(S) OF PROPERTY: Dr. Omar Osmani & Dr. Sana Osmani REPRESENTATIVE: Lee Chester, L3 Healthcare CURRENT ZONING DISTRICT: R-3 & RMS The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, JANUARY 24, 2017 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, January 18, 2017. 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 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. Respectfully, Merideth Hildreth, M.A., AICP (Area Map on Reverse Side ) Current Planning Administrator EXHIBIT D: CASE 17-003 (ZOC) – CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR ZONE CHANGE AND PROPERTIES WITHIN NOTIFICATION AREA. 7 6 5 4 3 2 10 8 9 1 21 20 19 18 16 17 11 14 15 12 13 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA EXHIBIT E: 17-003 ZOC LIST OF PROPERTY OWNERS NOTIFIED 11. HUNT, TANDY L; HUNT, MARNA 1. OSMANI, OMAR & SANA 116 E COUNTRY CLUB ROAD 1 BERRENDO MEADOWS ROSWELL, NM 88201 ROSWELL, NM 88201 2. 21. CARDONA, ALEX P 412 E COUNTRY CLUB ROAD 12. HENINGTON-MOHON FAMILY TRUST, JAMES E & JOLENE L ROSWELL, NM 88201 PO BOX 1732 ARTESIA, NM 88211 3. RIDLON, GEORGE EVERETTE 410 E COUNTRY CLUB ROAD 13. ALVIDREZ, DOMINGO & MARIA ROSWELL, NM 88201 ROSWELL, NM 88201 2313 N DAVIS AVE ROSWELL, NM 88201 4. VILLA, JOSE E 14. GOODPASTURE/MINTER LIVING TRUST 413 E COUNTRY CLUB ROAD 4845 RIVER HEIGHTS DR ROSWELL, NM 88201 LAS CRUCES, NM 8800 5. CUMMINS, WILLIE L; CUMMINS, METTIE P & ERNEST T 411 E COUNTRY CLUB ROAD 15. HEATH, HOWARD L; HEATH MICHAEL ROSWELL, NM 88201 78 HILLSDALE ROAD DEXTER, NM 88230 6. SPALDING, JOE & BARBARA 3208 N GARDEN AVE 16. SEDILLO, ROBERT & VERONICA ROSWELL, NM 88201 2324 N TEXAS ST ROSWELL, NM 88201 17. BURROLA, NENA 7. NYHOFF, KURT & LILLIAN 401 E 24TH ST 311 E COUNTRY CLUB ROAD ROSWELL, NM 88201 ROSWELL, NM 88201 18. 20. MUNOZ, VICTOR 8. 9. WILLOW TERRACE, INC OR PROPERTY OWNER 403 E 24TH ST 306 E COUNTRY CLUB ROAD ROSWELL, NM 88201 ROSWELL, NM 88201 19. URQUIDES, CARLOS & MARY F 10. HAMMOND, JOSEPH B; BEATRICE W 407 E 24TH ST 400 E COUNTRY CLUB RD ROSWELL, NM 88201 ROSWELL, NM 88201 ROSWELL, NEW MEXICO Planning & Zoning Commission Tuesday, January 24, 2017 6:00 p.m. Roswell Museum and Art Center – 100 West 11th Street ACTION REQUESTED: Elect Planning & Zoning Commission Officers BACKGROUND: Under the Zoning Ordinance, Article 2: Administration of the Ordinance, Section 3. Planning and Zoning Commission establishes a seven (7) member board to “review zoning and planning decisions, initiate planning and zoning projects, and recommend action to the City Council.” 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 action by the P&Z Commission. Current Members of the Planning and Zoning Commission and Terms Shirley Childress – Second Term Expires 3/31/2018 Ralph Brown – Second Term Expires 4/1/2018 Toby Gross – Second Term Expires 4/1/2018 Riley Armstrong – Second Term Expires 4/1/2020 David Storey – First Term Expires 3/31/2020 Kent Taylor – First Term Expires c. May 2020 Jesse McDaniel – First Term Expires c. May 2020 Nominate and Elect the Following Positions: Chair: Vice Chair: Secretary: ROSWELL, NEW MEXICO Planning & Zoning Commission Tuesday, January 24, 2017 6:00 p.m. Roswell Museum and Art Center – 100 West 11th Street ACTION REQUESTED: Approve the 2017 Planning & Zoning Commission Meeting Dates BACKGROUND: The proposed meeting dates were presented during the December 20, 2016 Planning & Zoning Commission for review. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. Museum Staffing costs may be similar to those incurred in 2016 to hold Planning & Zoning Commission Meetings at 6:00 p.m. LEGAL REVIEW: N/A. BOARD OR COMMITTEE ACTION: N/A. STAFF RECOMMENDATION: Discussion and action by the P&Z Commission. 2017 Planning & Zoning Commission PROPOSED Meeting Dates Meetings will be held at 6:00 p.m. Roswell Museum and Art Center Bassett Auditorium (Unless Otherwise Noted at the Time of the Meeting) January 24, 2017 February 28, 2017 March 28, 2017 April 25, 2017 May 23, 2017 June 27, 2017 July 25, 2017 August 22, 2017 September 26, 2017 October 24, 2017 November 28, 2017 December 19, 2017 (Third Tuesday)

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