Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, June 27, 2017 at 6:00 PM Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street Chair: Ralph Brown, Vice Chair: Riley Armstrong, Secretary: Shirley Childress Members: Toby Gross, 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 May 23, 2017 Minutes F. Public Hearing Items CASE 17-013 (VAR): A Request for a Variance to the Side Yard for Carport in R-3 (Residential District); Legal Description: FLORA VISTA Block: 5 Lot: 49 AND: - Lot 50, BK 738 PG 1833 WD (Owner: Favian Fernandez) Property Address: 821 E Albuquerque Street. (A) Application; (B) Staff Summary; (C) Letter Notifying Surrounding Property Owners; (D) Chaves County Assessor’s Map Identifying Properties with the Notification Area; (E) Property Owners Notified CONTINUATION OF CASE 17-012 (SUP): A Request for a Special Use Permit in I-1 (Light Industrial) for Livestock feed and sales yard, Recycling Activities in a structure with outside storage as a secondary use, and Recycling center with outside storage as a principal use, such as a junk yard. Legal Description for three lots under this Special Use Permit Request: Subd: WOODS Lot: 1 N 320.20 FT S 390.40 FT AND: Lot: 2 N 30.40 FT S 354.40 FT AND: -Lot: 3 N 312.4 FT S 352.40 FT / W 35 FT N 400 FT AND: -Lot: 10 N 110. FT,,, Quarter: NE S: 33 T: 10S R: 24E BK: 736 PG: 1158 SWD. (Owner: CUSTOM CONSTRUCTION & ROOFING, LLC) Subd: WOOL BOWL INDUSTRIAL PARK Lot: 4 Quarter: NE S: 33 T: 10S R: 24E BK: 697 PG: 386 WD JT. (Owner: BRANDON & AMANDA ARNOLD) Property Address: 4 Wool Bowl Circle. Subd: WOOL BOWL INDUSTRIAL PARK Lot: 3 Quarter: NE S: 33 T: 10S R: 24E BK: 697 PG: 246 REC. (Owner: BRANDON & AMANDA ARNOLD) Property Address: 3 Wool Bowl Circle. EXHIBITS: (G) Meeting Notes; (H) Applicant Letter; (I) Letter from Applicant’s Attorney; (J) Staff Summary. (Case 17-012 (SUP) was Tabled at the May 23, 2017 P&Z Meeting.) G. Other Business 1. Interpretation of Zoning Code ARTICLE 23: BUILDING & PERFORMANCE STANDARDS 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. 2. Discussion of Zoning Code ARTICLE 28: HOME OCCUPATIONS regarding work vehicles, vehicles for hire, and trucking companies. 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: June 21, 2017 Planning & Zoning Commission Agenda 1 June 27, 2017  DRAFT FOR APPROVAL P&Z MEETING MINUTES Tuesday, May 23, 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 & Engineering 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 6:06 p.m. by Chair Brown with the following members present: B. ROLL-CALL Ralph Brown (Chair) PRESENT Riley Armstrong (Vice Chair) PRESENT Toby Gross ABSENT Shirley Childress PRESENT David Storey ABSENT 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 & Interim City Manager Planning & Zoning Commission May 23, 2017 Minutes Page 1 of 10  Audience Members Present Who Signed In: Fred Moran, Cindy Wilson, Cone Wilson, Larry Connolly, Thomas Jennings, Britt Bourque, Max Contreras, Veronica Romero, Jacqueline Hyatt, Brandon Bond, Amanda Arnold C. SWEARING IN: Chair Brown swore in staff and members of the audience. Chair Brown: Three-minute reminder on the microphone. Appeals to the City Council are due to the City Clerk by noon on Thursday in writing. D. APPROVAL OF THE AGENDA MOTION to Approve the Agenda as Presented by Commissioner Childress. Second by Commissioner Armstrong. The motion passed by a voice vote of four to zero. E. MINUTES: Consider approval of the April 25, 2017 minutes. MOTION to Approve the April 25, 2017 Minutes as Written by Commissioner Armstrong. Second by Commissioner Childress. The motion passed by a voice vote of four to zero. F. ACTION ITEMS (PUBLIC HEARING ITEMS): 1. CASE 17-008 ZOC: A Request for a change in zoning from R-1 (Residential) to C-2 (Community Commercial); Legal Description: S: 8 T: 11S R: 24E E2SE4NE4 N 342.87’ W 378.70’ E 402.21’ - S 166.81’ N 416.24’ W 261.31’ E 663.45’ PER S15- 38 BK 723 PG 1354 WD (CORR) (Owner: Valley Christian Academy, Inc.) Property Address: 1500 South Main Street. CASE WITHDRAWN IN WRITING ON MAY 5, 2017. Chair Brown: Is it correct that 17-008 has been withdrawn? Ms. Hildreth: That is correct. 2. CASE 17-009 ZOC: A Request for a change in zoning from R-1 (Residential) to R-3 (Residential); Legal Description: Subd: EAST VIEW Lot: 37 W 211’ S 193’ & E 80’ W 291’ S 133’ S: 34 T: 10S R: 24E SW4N24 N 10’ E 291’ W 321’ BK 591 PG 1271 WD JT (Owner: BRITT BOURQUE) Property Address: 1101 North Atkinson Avenue. EXHIBITS: (A) Application; (B) Staff Summary; Planning & Zoning Commission May 23, 2017 Minutes Page 2 of 10  Motion to Waive the Reading of the Land Use and Zoning Considerations and Finding of Facts with Respect to Case 17-009 ZOC by Commissioner Armstrong. Second by Commissioner Childress The motion passed by a voice vote of four to zero. Chair Brown: Is there anyone wishing to speak in favor of 17-009? Britt Bourque, 1101 N Atkinson Avenue: Thanked the Commissioners for allowing her to speak and especially thanked Merideth, Miguel, and Bill Morris in the Planning Office. She merely went in to check on the zoning of the property, and ended up filling out the application and got incredible help with it. Ms. Borque introduced her Partner Max Contreras and Office Manager Veronica Romero. Ms. Bourque said she came to Roswell in 2003 when her kids were at NMMI and renovated a cottage at her house on North Lea, furnished it, and Created Cozy Cowboy Rentals fifteen years ago. Ms. Bourque continued that she bought the property on Atkinson 10 years ago. She had a dream to create a writer's symposium where the writer’s would stay in the cottages and meet for writing critiques and a meal in the main house in the evening. Ms. Bourque requested a change to the proper zoning that it should have in that it is more than an acre with five (5) units that were there when she bought it. She Requested a Special Use Permit for a Bed & Breakfast, event office, and commercial kitchen. An architect will stay on the property this summer and help with the planning. Would like to have Quinceneras, small weddings, and things like that and wants to improve and beautify the property. Because the view of the zoo is so beautiful on two sides, she plans to put in wrought iron fencing if the zoo will allow it and asks for a variance on fencing. She is planning (on installing) a six foot (6') tall wooden fence between her property and the mobile home park. Commissioner Armstrong clarified that this (testimony) is for three (3) cases 17-009, 17-010, and 17-011. Chair Brown: Is there anyone wishing to speak against 17-009? None spoke. Mr. Morris: With Respect to the zoning change from R-1 to R-3, staff feels it is appropriate given the size of the property and what is on the property. It is in close proximity to the R-3 across the street and the mobile home park has higher density. With respect to transitional zoning, staff feels rezoning is consistent with other zoning on the map and is appropriate. Planning & Zoning Commission May 23, 2017 Minutes Page 3 of 10  MOTION – 17-009 ZOC Commissioner Childress made a motion to approve Case 17-009 based on the finding of facts and the information presented and testimony here today and the staff recommendation. Second by Commissioner McDaniel. The motion passed by a voice vote of four to zero. 3. CASE 17-010 SUP: A Request for a Special Use Permit for a Bed & Breakfast utilizing the five existing residential structures on the property, a Commercial Kitchen within the primary residential structure, an event planning office, and permission to host events on the property; Legal Description: Subd: EAST VIEW Lot: 37 W 211’ S 193’ & E 80’ W 291’ S 133’ S: 34 T: 10S R: 24E SW4N24 N 10’ E 291’ W 321’ BK 591 PG 1271 WD JT (Owner: BRITT BOURQUE) Property Address: 1101 North Atkinson Avenue. EXHIBITS: (A) Application; (B) Staff Summary Motion to Waive the Reading of the Land Use and Zoning Considerations and Finding of Facts for Case 17-010 SUP by Commissioner Armstrong. Second by Commissioner Childress. The motion passed by a voice vote of four to zero. Chair Brown: Is there anyone wishing to speak in favor of 17-010? Chair Brown asked Ms. Bourque if she wished to add anything. Ms. Bourque did not add anything to previous testimony. Chair Brown: Is there anyone wishing to speak against 17-010? None spoke. Mr. Morris: With respect to 17-010, we are fine with the uses requested and uses are compatible. The applicant will be required to provide a site plan with parking, etc., Staff supports it. MOTION – 17-010 SUP Commissioner Armstrong made a motion to approve Case 17-010 based on the finding of the facts and the testimony provided herewith. Second by Commissioner Childress. The motion passed by a voice vote of four to zero. Planning & Zoning Commission May 23, 2017 Minutes Page 4 of 10 4. CASE 17-011 VAR: A Request for a Variance from Zoning Ordinance to waive the requirement to construct a six foot tall screen fence on the north and east sides of the property; Legal Description: Subd: EAST VIEW Lot: 37 W 211’ S 193’ & E 80’ W 291’ S 133’ S: 34 T: 10S R: 24E SW4N24 N 10’ E 291’ W 321’ BK 591 PG 1271 WD JT (Owner: BRITT BOURQUE) Property Address: 1101 North Atkinson Avenue. EXHIBITS: (A) Application; (B) Staff Summary Motion to Waive the Reading of the Land Use and Zoning Considerations and Finding of Facts with Respect to Case 17-011 VAR by Commissioner Armstrong. Second by Commissioner Childress The motion passed by a voice vote of four to zero. Chair Brown: Is there anyone wishing to speak in favor of 17-011? Chair Brown: Is there anyone wishing to speak against 17-011? None spoke. Ms. Hildreth: We presented this information to the Parks and Recreation Board last Monday, and there were no comments. Mr. Morris: The proposed use is amenable with the type of clear view to the amenities at the zoo. If this use changes, the provisions of the fence would be reconsidered. An iron fence would be okay. The Variance would be for Special Use Permit issued in the previous case (17-010 SUP). Let the Record Show Commissioner Taylor joined the meeting at approximately 6:22 p.m. MOTION – 17-011 VAR Commissioner Childress made a motion to approve Case 17-011 a fence variance request with the stipulation that if the use of the property changes that it will be discussed at a future meeting. Second by Commissioner Armstrong. The motion passed by a voice vote of four to zero. Planning & Zoning Commission May 23, 2017 Minutes Page 5 of 10  5. CASE 17-012 SUP: A Request for a Special Use Permit in I-1 (Light Industrial) for Livestock feed and sales yard, Recycling Activities in a structure with outside storage as a secondary use, and Recycling center with outside storage as a principal use, such as a junk yard. Legal Description for three lots under this Special Use Permit Request: Subd: WOODS Lot: 1 N 320.20 FT S 390.40 FT AND: Lot: 2 N 30.40 FT S 354.40 FT AND: -Lot: 3 N 312.4 FT S 352.40 FT / W 35 FT N 400 FT AND: -Lot: 10 N 110. FT,,, Quarter: NE S: 33 T: 10S R: 24E BK: 736 PG: 1158 SWD. (Owner: CUSTOM CONSTRUCTION & ROOFING, LLC) Subd: WOOL BOWL INDUSTRIAL PARK Lot: 4 Quarter: NE S: 33 T: 10S R: 24E BK: 697 PG: 386 WD JT. (Owner: BRANDON & AMANDA ARNOLD)Property Address: 4 Wool Bowl Circle. Subd: WOOL BOWL INDUSTRIAL PARK Lot: 3 Quarter: NE S: 33 T: 10S R: 24E BK: 697 PG: 246 REC. (Owner: BRANDON & AMANDA ARNOLD)Property Address: 3 Wool Bowl Circle. EXHIBITS: (A) Application; (B) Staff Summary; (C) Letter Notifying Surrounding Property Owners; (D) Chaves County Assessor’s Map Identifying Properties with the Notification Area; (E) Property Owners Notified Motion to Waive the Reading of the Land Use and Zoning Considerations and Finding of Facts with Respect to Case 17-012 SUP by Commissioner Armstrong. Second by Commissioner Childress. The motion passed by a voice vote of five to zero. Chair Brown: Is there anyone wishing to speak in favor of Case 17-012? Brandon Bond residing at 17 E Vista Parkway: Spoke in regards for Brandon Arnold who was not able to make it to the meeting. Mr. Arnold applied for a Special use permit for Sheep and Goats to keep the weeds down as (the company) was incapable of controlling weeds by manpower. (The company) Requested a (Special Use Permit) for Recycling Activities. The (company) recycles materials from demolished buildings at the Roswell International Air Center and abandoned buildings through the Mayor's Clean up Roswell Act. (The company) keeps the scrap metal in the yard until a complete truck load (is accumulated) to send to Albuquerque. There have been complaints. They requested an eight foot (8') tall fence along river and on Garden. The fence is not completed yet, but in process. Chair Brown: Is there anyone wishing to speak against Case 17-012? Fred Moran resides at 707 Sherrill Lane: Mr. Moran thanked the Commission for allowing him to speak. He owns the business Rich Glo Products at 2 Petro Drive, directly across from the property under review. Over a two (2) year period the building was planned and took eight (8) months constructing it with a cost of over half million dollars. Installation of landscaping required by the City is in progress. (Rich Glo) operates light industrial manufacturing jewelry cleaning products. Mr. Moran expressed opposition to Mr. Arnold’s proposals this Planning & Zoning Commission May 23, 2017 Minutes Page 6 of 10  evening because it doesn’t seem to be in keeping with the issues the City was concerned about when Rich Glo built one of the nicest buildings in Roswell. Mr. Moran expressed Concerned about the activities and the broad statement of what could happen there with scrap over there and scrap metal fence and a couple of goats to keep the weeds down. Mr. Moran expressed his concern about loss of property value and hiring new employees. Who wants to have a $600,000 building across the street from a junk yard? Mr. Moran expressed concern that there are no provisions for oversight on what is being dumped that could contaminate the ground and ground water. Tom Jennings: Thanked the Commissioners for serving on the Commission and thanked Staff for doing an exemplary job on behalf of the City. This case wouldn't be here if I hadn't complained. Mr. Jennings stated that they built the property (where Mr. Moran’s business is located) and met all the extensive parameters. Mr. Jennings commented on the packet with photos taken today by City Staff (of the subject property) that is looks pretty nice and clean. Mr. Jennings provided a packet with details of why I am opposed to providing this Special Use and discussed the photos he took showing trash (photo from August 16, 2016), hole in fence, abandoned vehicles, dumping, goat and sheep on property without a permit, trash and debris. There is no sidewalk and no landscaping. Mr. Jennings mentioned that Lovelace Park has an Outdoor Classroom. According to City Staff, they were showing their employees how to use excavation equipment and made a hole in the park. The Roswell Refuge has sandbags on that building. When it rains, it drains into building of Roswell Refuge. After complaints, they built and eight foot (8') and over eight foot (8') fence of scrap paneling without a permit. There's already graffiti on it. Holes in the chain link are not repaired. These violations have been persistent. Mr. Jennings asked the Commission to decline this and in the long scheme of things we should be developing our city in an orderly fashion for a clean and safe community, especially in the parks, and thanked the Commission for its consideration. Planning & Zoning Commission May 23, 2017 Minutes Page 7 of 10  Cindy Wilson, 6 West Vista Circle, Executive Director of Roswell Refuge: Ms. Wilson thanked the Commission for serving the community and for the opportunity to speak. She spoke about a goat that got out and onto the Roswell Refuge property last week. Ms. Wilson stated the back (of the property) is an eyesore. The company uses the trash-bin paid by Roswell Refuge. Employees zip across the Roswell Refuge parking lot, where women and children are. The Refuge would like to see (the company) take more responsibility about the trash. After the Big Goliath Snow, the cul-de-sac was cleaned, the rest of the snow was on Refuge parking lot. Ms. Wilson stated she has found them not to be very good neighbors. Jacqueline Hyatt, 710 North Kentucky: Requested the committee deny the Special Use Permit in Case 17-012. Ms. Hyatt stated she is concerned the impact this permit will do have on Roswell’s soil and fresh water and the applicant’s compliance history with Roswell’s City Codes. The property is located on Spring River. The discharge from materials stored on the property will drain directly into the Spring River contaminating surface water. Their status of mandatory water permitting is unknown. Prior to issuing this Special Use Permit, this committee should investigate and answer the following questions. 1. Outside of this hearing, what violations has this committee gathered of Custom Construction, LLC? 2. What knowledge does this committee have of the solvency of this LLC? The LLC has a history of not remediating sites by not filling in the hole from excavation training. 3. Does this company have a Storm Water Permit from the Environment Department? Have there been any applications for a permit? If so, have there been any denials and on what grounds? 4. Does this company have a Ground Water Discharge Permit from the Agriculture Compliance Section for this Special Use Permit since they will be adding livestock to the property? Ms. Hyatt further stated that approving this permit could have significant environmental impacts to the City of Roswell, the soil located on this property, and downstream from Spring River. It’s important to think about why we have zoning laws and that’s to provide equal justice and equal protection among property owners. We should not allow them an additional permit to expand their operation when they have a bad track record of complying with the City’s ordinances. Chair Brown asked Mr. Najar to comment. Mr. Najar: Stated he did not know if the applicant received a copy of the letter of complaint from Tom Jennings dated today. The environmental and engineering issues are pertinent to the Engineering Department’s purview. Mr. Najar asked the Commission to either have Custom Planning & Zoning Commission May 23, 2017 Minutes Page 8 of 10  Construction give a blanket clearance to do what he requests in the future under all those items or that the Commission table this for one month to allow some research. Spring River is a live stream, a perineal stream under the Army Corps of Engineers. The drainage to the Refuge is under his purview. All these things can be fixed. Recycling is changing the condition of use. As City Engineer, he worries about the rivers and drainage onto neighbors. Mr. Morris: With respect to zoning, these requests are allowed under I-1 (Industrial) Zoning District. Across the street, within 500 feet, are cattle pens that have been there over eighty (80) years. If worried about the number of sheep, this Commission has the power to limit the number of animals located on the site. With respect to drainage on the Refuge, Mr. Morris didn’t know if (City) Staff has ever had contact with the County Staff. You have the authority to add to conditions of approval. I would like to support tabling this to resolve issues. Commissioner Armstrong: I would suggest if we table this that Mr. Arnold make every effort to be here. You already have the goats there and some of this stuff going. MOTION – 17-012 SUP Commissioner Armstrong made a motion to table Case 17-012 until next month’s meeting based on the finding of facts and other evidence brought forward by the City Engineering Department. Second by Commissioner McDaniel. Discussion: Commissioner Childress asked a question about anything in Planning and Zoning for site maintenance and are there any guidelines for trucks traffic going through the Refuge’s parking lot. Mr. Morris stated we would have further discussions with the Refuge on this. Commissioner McDaniel advised during this month to talk to Louis (Mr. Najar) and see what you need to do and make amends with the neighbors. Motion passed with a voice vote of five to zero. G. OTHER BUSINESS: None from Staff Planning & Zoning Commission May 23, 2017 Minutes Page 9 of 10 H. PUBLIC COMMENTS None I. ADJOURN The meeting adjourned at 6:54 p.m. Planning & Zoning Commission May 23, 2017 Minutes Page 10 of 10 EXHIBIT A: APPLICATION FOR 17-013 (VAR)  EXHIBIT B: STAFF SUMMARY FOR CASE 17-013 (VAR) 821 E ALBUQUERQUE ST (Page 1 of 4) Roswell Planning & Zoning Commission Tuesday, June 27, 2017 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 17-013 (VAR): A REQUEST FOR A VARIANCE Property Location: 821 E ALBUQUERQUE ST Legal Description: Subd: FLORA VISTA Block: 5 Lot: 49 AND:- Lot: 50 BK 738 PG 1833 WD Owner: Favian Fernandez Request: Request for a Variance to keep a carport that is encroaching in the side yard setback II. Site Data: Site Area: 6980 ± square feet UPC: 4136062385220000000 Existing Land Use: Single Family Residential (one story) Proposed Land Use: Single Family Residential with carport Existing Zoning: R-3 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Single Family Residential R-3 South Vacant Lot R-3 East Single Family Residential R-3 West Single Family Residential R-3 Planning & Zoning, 17-013 VAR Page 1 of 4 June 27, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-013 (VAR)  821 E ALBUQUERQUE ST (Page 2 of 4) Chaves County Assessor’s Map Zoning Map –17-013 (VAR) View of Existing Carport in Relation to Property Line View of Existing Carport in Front Yard Context Planning & Zoning, 17-013 VAR Page 2 of 4 June 27, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-013 (VAR) 821 E ALBUQUERQUE ST (Page 3 of 4) III. Intent of Petition: The owner of the residential property at 821 East Albuquerque Street is requesting a variance to keep a non-conforming carport which is approximately one (1) foot away from the side property line. IV. Land Use and Zoning Considerations: 1. The property is located on the north side of East Albuquerque Street and is adjacent to Single Family Residential on the property’s west and east boundary lines. Single-Family residential structures in the R-3 (Residential District) are situated directly across Albuquerque Street on the south side of the street and north of the alley. 2. An approximately twenty-five by twenty-two foot (30’X22’) carport has already been built on the property. Mr. Favian Fernandez was under the impression that he didn’t need a permit to set up a portable carport on his property. 3. Neighbor at 819 East Albuquerque also has a carport encroaching the side yard setback. This carport was built many years ago. View of Neighbor’s Carport at 819 E Albuquerque Ave 4. Code Enforcement red tagged Mr. Fernandez’s carport on May 15, 2017. 5. Neighbors who reside at 823 East Albuquerque have submitted a letter approving the carport as long as gutters are installed on the carport to prevent drainage or runoff into their yard. 6. The neighboring residential structure at 823 East Albuquerque is approximately ten feet from the west property line. 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. Planning & Zoning, 17-013 VAR Page 3 of 4 June 27, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-013 (VAR) 821 E ALBUQUERQUE ST (Page 4 of 4) 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 and one (1) written letter of support received by the Planning & Zoning Office. VI. Staff Recommendation: Based on the findings of fact, the nature of the proposed land use consideration, the surrounding land uses and zoning districts, and the regulations established in the Zoning Ordinance, Staff cannot recommend approval of Zoning Case 17-013 to allow a variance for the carport. There are no site conditions that would prevent a carport from being built in compliance with setbacks established in the Zoning Ordinance. The carport was built encroaching in the east side yard setback without a building permit. The house is setback approximately forty-six feet (46’) from the front property line providing ample room for a smaller carport that would be in compliance. Furthermore, there are no observed constraints in the rear yard that would have prevented the carport from being constructed in the rear yard and meet all setbacks. The applicant’s house is setback approximately six feet (6’) from the west property line, approximately ten feet (10’) from the east property line, and approximately fifty- three (53’) from the rear property line. If the request for a variance to allow the carport to remain is approved, the Applicant shall: 1) Submit and obtain a building permit for the carport and all new construction. 2) Include as part of the construction plan, a gutter on the carport along the property line with the neighbor. VII. Action by the Planning & Zoning Commission: The Planning and Zoning Commission shall make a motion to approve or deny this application based on Findings of Fact, Land Use and Zoning Considerations, and testimony and material introduced at the hearing. The Planning and Zoning Commission may choose to add conditions to the granting of the Variance. Planning & Zoning, 17-013 VAR Page 4 of 4 June 27, 2017  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 17-013 (VAR) LETTER SENT VIA CERTIFIED MAIL ON JUNE 9, 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 June 9, 2017 RE: PUBLIC HEARING NOTICE for ZONING CASE 17-013 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 17-013 VAR. The Property Owner in this case is requesting a Variance to the Side Yard Setback to keep a non-conforming carport which is approximatley one (1) foot away from the side property line. PROPERTY LOCATION: 821 East Albuquerque Street LEGAL DESCRIPTION: Subd: FLORA VISTA Block: 5 Lot: 49 AND:- Lot: 50 BK 738 PG 1833 WD OWNER OF PROPERTY: Favian Fernandez ZONING DISTRICT: R-3 The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, JUNE 27, 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, June 21, 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, Miguel Martinez Miguel Martinez (Area Map on Reverse Side ) Planning & Zoning Technician EXHIBIT D: CASE 17-013 (VAR) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR VARIANCE AND PROPERTIES WITHIN NOTIFICATION AREA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA  EXHIBIT E: 17-013 VAR LIST OF PROPERTY OWNERS NOTIFIED 1. TERRAZAS, JUAN; PEREZ, MARIE ISABEL 816 E HENDRICKS ST ROSWELL, NM 88203 2. CASTRO, SAMUEL; CASTRO, LUZ MARIA 818 E HENDRICKS ST ROSWELL, NM 88203 3. SANCHEZ, VINCENT; SANCHEZ, RITA M 822 E HENDRICKS ST 10&11 MACIAS, ANA ROSWELL, NM 88203 PO BOX 502 PECOS, NM 87552 12&13 BEARD, FRED; BEARD, DEBORAH 4. VILLELA, ARNULFO; PEREA, MARIA 185 MEANS RD CARLSBAD, NM 88220 407 N OAK ST KERMIT, TX 79745 14. MONTOYA, STANLEY; MONTOYA, JOSEPHINE 334 E 8TH ST ROSWELL, NM 88201 5. PEREA, MIGUEL A 826 E HENCRICKS ST ROSWELL, NM 88203 6. PEYTON, ARCELIA S; (PEYTON, ALBERT-LIFE ESTATE) 1229 PALOMAS DR SE – APT 20 ALBUQUERQUE, NM 87108 7. ROBERTO, JUAN PABLO; LUJAN, LAURA 910 S MULBERRY ROSWELL, NM 88203 8. FERNANDEZ, FAVIAN OSVALDO 821 E ALBUQUERUE ST ROSWELL, NM 88203 9. MENDOZA, ARACELI; MENDOZA, JESUS ALONSO 823 E ALBUQUERQUE ST ROSWELL, NM 88203  EXHIBIT G: 17-012 (SUP) - JUNE 5, 2017 LETTER CONTAINING MAY 31, 2017 MEETING NOTES City of Roswell Planning & Engineering Department Planning & Zoning Office PO Box 1838 Roswell, NM 88202-1838 Telephone: (575) 637-6294 Fax: (575) 637-6277 June 5, 2017 Mr. Brandon Arnold & Mr. Brandon Bond Custom Construction & Roofing, LLC customconstructionnm@live.com May 31, 2017 Meeting Notes RE: ZONING CASE 17-012 SUP REQUEST FOR SPECIAL USE PERMIT FOR SHEEP AND RECYCLING ACTIVITIES (Legal Description Subd: WOOL BOWL INDUSTRIAL PARK Lot: 3 Quarter: NE S: 33 T: 10S R: 24E BK: 697 PG: 246 AND Lot: 4 Quarter: NE S: 33 T: 0S R: 24E BK: 697 WD JT AND Subd: WOODS Lot: 1 N 320.20 FT S 390.40 FT AND :- Lot: 2 N 30.40 FT S 354.40 FT AND:- Lot: 3 N 312.4 FT S 352.40 FT / W 35 FT N 400 FT AND:- Lot: 10 N 110.44 FT , , , Quarter: NE S: 33 T: 10S R: 24E BK: 736 PG: 1158 SWD) Site Address: 3 Wool Bowl Circle, 4 Wool Bowl Circle, and adjacent lot to the East. City Staff in Attendance at Meeting: Louis Najar – Director of Planning & Engineering; William Morris – Planning Manager; Merideth Hildreth, Planning & Zoning Administrator; Brandon Arnold, Owner of Custom Construction & Roofing, LLC; Brandon Bond, Supervisor with Custom Construction & Roofing, LLC. Dear Mr. Arnold and Mr. Bond: Thank you for visiting with Planning & Engineering Staff regarding the decision of the City of Roswell Planning Commission’s decision to table Zoning Case 17-012 SUP at the May 23, 2017 P&Z meeting. The following are notes from your meeting with Staff on May 31, 2017. Mr. Morris requested a site plan of all activities on site and improvements discussed below. Mr. Arnold brought up a discussion on the definition of “Recycling.” City Staff will discuss recycling and the definition with the City Attorney and provide a decision as to whether the activities on site constitute recycling activities and would require a Special Use Permit. If Staff determines recycling activities are not occurring on site, Mr. Arnold will withdraw the request for Special Use Permit for recycling activities and continue his request for Special Use Permit for sheep. The company hauls building materials from demolition projects at the airport and processes the materials. The company cleans red brick and sells brick to Chisum Travel Centers. In the letter, define the company’s activities so Staff can analyze if activities fall under the recycling definition in the City’s Zoning Ordinance. Discussion of Sheep. Mr. Arnold said the sheep are kept in a secondary enclosure during the week. When the front gates are closed on the weekends, the sheep can roam on all three properties. Since the property is adjacent to the North Spring River, Mr. Najar provided “before development and after development” pictures from Google Earth. Page 2: June 5, 2017 Letter from City of Roswell, NM Meeting of May 31, 2017 with Custom Construction & Roofing, LLC Zoning Case 17-012 SUP Meeting Notes 3 & 4 Wool Bowl Circle and Tract adjacent and to the East Mr. Arnold stated that the runoff from College Boulevard comes onto the property and flows into the pasture. Mr. Bond stated he spoke to Cindy Wilson, Director of the Roswell Refuge. The runoff from the top of their roof is flooding their own building which is a foot and a half below grade. Custom Construction put rubber seals on the Refuge’s garage doors after the meeting. Mr. Arnold discussed a survey of his property that describes the back lot behind the Refuge and 5' of the corner of their building are on Custom Construction property. Mr. Arnold stated the Refuge wants his company to leave the chain link fence and not install a solid fence because the clients like to look at the sheep. Mr. Najar requested Custom Construction build a foot high berm inside the fence to act as retention and protect the river from contaminants such as leaking oil from equipment. Mr. Najar stated he noticed a couple of holes in the fence where water could get through. Mr. Najar further requested the company install rip-rap on the south side in the vicinity of the SE Corner near the fence to slow down run-off and trap contaminants. Mr. Najar mentioned industrial permits if recycling definition is met. Mr. Morris asked if Mr. Arnold knows about holes on the park that Tom Jennings mentioned at the P&Z meeting. Mr. Arnold said he walked the whole park and didn’t find any holes. The only thing the company did was blade a fourteen foot (14’) swath along the fence line to make it level to install a fence (seven feet (7') on Custom Construction side and seven feet (7’) on park side. Mr. Bond or Mr. Arnold stated a homeless individual built a fire and caught trees in the park on fire. Mr. Morris asked Ms. Hildreth to obtain the fire report. Mr. Najar asked about sidewalks. Mr. Arnold stated the company poured sidewalk on the cul-de-sac. He asked if they could use brick for sidewalk on Garden. Mr. Najar said brick is not allowed by ADA for sidewalks. The City is installing a new bridge across the street on Garden Avenue. Mr. Najar instructed Mr. Arnold to talk with Jim Thomas in Engineering to see what the limits of construction are. Ms. Hildreth stated that permits for sidewalks are issued by the Zoning Office. Mr. Najar requested Custom Construction document all their uses and activities on site, drainage mitigation project, sidewalk, fence and fence height, sheep, etc., in a letter and provide it to Planning and Zoning Staff by June 16. This letter will be included in the Planning & Zoning Commission Packet for the June 27 P&Z Meeting. Please contact me should you have any questions. Sincerely, Merideth Hildreth, AICP Current Planning Administrator 575.652.0024 m.hildreth@roswell-nm.gov cc: Louis Najar, P.E., Director of Planning & Engineering William Morris, AICP, CZO, Planning Manager Jim Thomas, Jr., CFM, Civil Engineer II Miguel Martinez, Planning & Zoning Technician EXHIBIT H: 17-012 SUP APPLICANT LETTER RECEIVED JUNE 20, 2017 BY THE PLANNING & ZONING OFFICE EXHIBIT I: 17-012 SUP LETTER FROM APPLICANT'S ATTORNEY REGARDING RECYCLING DEFINITION  EXHIBIT J: STAFF SUMMARY FOR CASE 17-012 (SUP) Page 1 of 7 3 Wool Bowl Circle, 4 Wool Bowl Circle & adjacent lot to the east Roswell Planning & Zoning Commission Tuesday, June 27, 2017 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street CONTINUATION OF CASE 17-012 (SUP): Special Use Permit to allow sheep and goats for weed control and recycling activities. The Planning & Zoning Commission Tabled Case 17-012 (SUP) at the May 23, 2017 Public Hearing. The following exhibits were included in the May 23, 2017 P&Z Meeting Packet and may be accessed on line at http://roswell-nm.gov/ EXHIBITS: (A) Application; (B) Staff Summary; (C) Letter Notifying Surrounding Property Owners; (D) Chaves County Assessor’s Map Identifying Properties with the Notification Area; (E) Property Owners Notified I. Legal Description: Subd: WOOL BOWL INDUSTRIAL PARK Lot: 3 Quarter: NE S: 33 T: 10S R: 24E BK: 697 PG: 246 AND Lot: 4 Quarter: NE S: 33 T: 0S R: 24E BK: 697 WD JT AND Subd: WOODS Lot: 1 N 320.20 FT S 390.40 FT AND :- Lot: 2 N 30.40 FT S 354.40 FT AND:- Lot: 3 N 312.4 FT S 352.40 FT / W 35 FT N 400 FT AND:- Lot: 10 N 110.44 FT , , , Quarter: NE S: 33 T: 10S R: 24E BK: 736 PG: 1158 SWD Owner: Brandon Arnold Applicant: Brandon Arnold II. Site Address: 3 Wool Bowl Circle, 4 Wool Bowl Circle, and adjacent lot to the East. Request: Request for Special Use Permit to allow sheep and goats for weed control and to withdraw Request for Special Use Permit for recycling activities. II. Site data: Site Area: 3 Wool Bowl Cir: 35,196± square feet; 4 Wool Bowl Cir: 35,196± square feet; adjacent lot to the east: 189,660± square feet UPC: 4136061302060000000; 4136061302041000000; 4136061324060000000 Existing Land Use: Custom Construction & Roofing, LLC Proposed Land Use: Light Industrial Activities with sheep and goats for weed control. Existing Zoning: I-1 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Fastenal I-1 South Industrial Warehouse I-2 East Industrial Warehouse, Vacant Lots I-1 R-3 & PUD West Roswell Refuge & Culligan I-1 & I-1 Planning & Zoning, 17-012 (SUP) Page 1 of 7 June 27, 2017  EXHIBIT J: STAFF SUMMARY FOR CASE 17-012 (SUP) Page 2 of 7 3 Wool Bowl Circle, 4 Wool Bowl Circle & adjacent lot to the east * * * * Loveless Park * * Chaves County Assessor’s Zoning Map * CASE 17-012 SUP Zoning Map CASE 17-012 SUP *  Roswell Livestock Auction Google Earth Pro Image Date 10/4/2014 Planning & Zoning, 17-012 (SUP) Page 2 of 7 June 27, 2017  EXHIBIT J: STAFF SUMMARY FOR CASE 17-012 (SUP) Page 3 of 7 3 Wool Bowl Circle, 4 Wool Bowl Circle & adjacent lot to the east III. Intent of Petition: The applicant’s original request was to obtain a Special Use Permit to allow goats and sheep for weed control and recycling activities in an I-1 zone. The applicant is withdrawing the request for recycling activities. Staff has re-evaluated the differences between processing, recycling, assembly/disassembly, and materials recovery. Staff has determined that the activities being conducted by the applicant on the property under consideration do not meet the definition of “Recycling Center” as defined in the Zoning Ordinance. Further, Staff has determined that the applicant is not conducting “Recycling Activities” on site, but rather the temporary storage of products that have been “recovered or diverted from solid waste.” IV. Land Use and Zoning Considerations: 1. The interior lot properties, located at 3 & 4 Wool Bowl Circle and the adjacent lot to the east, are industrial lots within the I-1 Industrial Zoning District. 2. These properties abut an I-1, R-3 (Loveless Park) and RVP/PUD on the east side. These properties also abut an I-2 Industrial lot on the south side and I-1 Industrial lots are on the west side. 3. City of Roswell Zoning Ordinance ARTICLE 19: I-1 LIGHT INDUSTRIAL DISTRICT states the following: “This district is intended to provide for light manufacturing, fabrication, assembly/disassembly, processing, and treatment activities conducted in a manner not detrimental to the rest of the community by reason of emission or creation of noise, vibration, smoke, dust or other particulate, toxic or noxious materials, odors, fire, explosive hazards, glare, or heat.” 4. The Applicant is withdrawing the Request for Special Use Permits specified in Article 18: I-1 Light Industrial District; Section 2: Use Regulations; B. Special Uses: 7: Recycling activities in a structure with outside storage as a secondary use. Outside storage to be screened with an 8 foot high solid wall except for access openings, with a maximum opening of 16 feet with a solid gate(s); and 8. Recycling center with outside storage as a principal use, such as a junk yard. EXHIBIT H: 17-012 (SUP) APPLICANT LETTER states the activities conducted on site including “parking of equipment, company vehicles, trailers and employee vehicles, office, and reusable material is process and non-reusable material is shipped out.” Discussions with the Applicant have revealed that the bricks on site are hand cleaned and no pressure washing is involved. Further, most of brick cleaning is performed on construction sites where the brick is reused, because the old mortar is desirable in these repurposed installations. Planning & Zoning, 17-012 (SUP) Page 3 of 7 June 27, 2017  EXHIBIT J: STAFF SUMMARY FOR CASE 17-012 (SUP) Page 4 of 7 3 Wool Bowl Circle, 4 Wool Bowl Circle & adjacent lot to the east The Applicant has stated that metal recovered from building demolitions is temporarily stored on site until a truckload has been collected for shipment to recycling facilities outside Chaves County. Staff has determined the activities occurring on the Applicant’s property fall under the following definitions from the Solid Waste Disposal Act [SWDA] 42 U.S.C.A. § 6903. Definitions [SWDA § 1004] * (18) The term “recoverable” refers to the capability and likelihood of being recovered from solid waste for a commercial or industrial use. *(19) The term “recovered material” means waste material and byproducts which have been recovered or diverted from solid waste, but such term does not include those materials and byproducts generated from, and commonly reused within, an original manufacturing process. *(20) The term “recovered resources” means material or energy recovered from solid waste. *(21) The term “resource conservation” means reduction of the amounts of solid waste that are generated, reduction of overall resource consumption, and utilization of recovered resources. In reference to EXHIBIT H: 17-012 (SUP) APPLICANT LETTER and EXHIBIT G: 17-012 (SUP) JUNE 5, 2017 LETTER CONTAINING MAY 31, 2017 MEETING NOTES, Staff has determined that the following activities are not purposefully occurring on the Applicant’s site and that measures have been implemented by the Applicant based on the City Engineer’s recommendations to mitigate any potential substances that might occur in runoff considered harmful to the environment. *(3) The term “disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.” *(5) The term “hazardous waste” means a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may— (A) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (B) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, or transported, or disposed of, or otherwise managed. *Source: West Publishing Co. 1990. Selected Environmental Law Statutes 1990-91 Educational Edition. St. Paul, MINN: West Publishing Co. (Solid Waste Disposal Act [SWDA] 42 U.S.C.A. § 6903. Definitions [SWDA § 1004] pages 530 and 531.) Planning & Zoning, 17-012 (SUP) Page 4 of 7 June 27, 2017  EXHIBIT J: STAFF SUMMARY FOR CASE 17-012 (SUP) Page 5 of 7 3 Wool Bowl Circle, 4 Wool Bowl Circle & adjacent lot to the east 5. The applicant intends to use goats and sheep for weed control and is seeking a Special Use Permit as specified in Article 18: I-1 Light Industrial District; Section 2: Use Regulations; ; B. Special Uses: 3: Livestock feed and sales yards. The Applicant’s goal is to keep up to four (4) sheep on the property, with the occasional production of offspring. Roswell Livestock and Auction, located in near proximity at 900 North Garden Avenue in the I-2 (Industrial District) on the west side of Garden, contains livestock pens that have been used for cattle sales for decades. 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 the May 23, 2017 and this June 27, 2017 hearing. 2. Notification of the May 23, 2017 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 one (1) written presented at and four (4) verbal protests heard by the Planning & Zoning Commission at the May 23, 2017 meeting. VI. Staff Recommendation: Based on the Land Use and Zoning Considerations, Findings of Fact stated above, and the following conditions to address concerns raised at the May 23, 2017 Planning & Zoning Commission public hearing, Staff recommends approval of the Withdrawal of the Application for Special Use Permits for: Article 18: I-1 Light Industrial District; Section 2: Use Regulations; B. Special Uses: 7: Recycling activities in a structure with outside storage as a secondary use. Outside storage to be screened with an 8 foot high solid wall except for access openings, with a maximum opening of 16 feet with a solid gate(s); and 8. Recycling center with outside storage as a principal use, such as a junk yard. Planning & Zoning, 17-012 (SUP) Page 5 of 7 June 27, 2017  EXHIBIT J: STAFF SUMMARY FOR CASE 17-012 (SUP) Page 6 of 7 3 Wool Bowl Circle, 4 Wool Bowl Circle & adjacent lot to the east Conditions: 1) The Applicant provide to City Planning & Engineering Staff a site plan showing all activities and improvements stated in EXHIBIT G: 17-012 (SUP) JUNE 5, 2017 LETTER CONTAINING MAY 31, 2017 MEETING NOTES. 2) The Applicant construct a one-foot (1’) high berm inside the fence to act as retention and protect the North Spring River from contaminants such as leaking oil from equipment. Equipment is to be maintained and no equipment will be allowed to leak oil on site. 3) The Applicant install and maintain rip-rap on the south side of the property in the vicinity of the SE corner near the fence to slow down run-off and trap any contaminants that may occur. 4) The Applicant was instructed to speak to Engineering Staff about installation of a sidewalk in front of the Applicant’s property on North Garden. This sidewalk must be permitted and inspected through the Planning & Engineering Department and meet City specifications and comply with ADA specifications. 5) The City Engineer requested the Applicant document all their uses and activities on site, drainage mitigation project, fence and fence height, sheep, etc., in a letter. The Applicant submitted this letter, refer to EXHIBIT H: 17-012 (SUP) APPLICANT LETTER. 6) The City Engineer will conduct an annual inspection of the activities on site, fencing, and drainage control berm and rip-rap systems. 7) Equipment and materials must be organized and remain organized on the lots. 8) Applicant must maintain the lots and outside the perimeter fencing free of trash, weeds, and graffiti. All fencing must be maintained and repairs made in a timely manner. Staff recommends approval of the Application granting a Special Use Permit to allow up to four goats and sheep with occasional offspring on the property for weed control with the following conditions: 1) Animals stay enclosed within the lots. (Applicant stated in his Letter that “the sheep are kept in a secondary enclosure during the week and allowed access to the three properties on the weekends when the front gates are closed.”) 2) Must have 8 foot tall solid perimeter fence. (The Applicant is in the process of completing construction of an eight foot (8’) tall fence.) Planning & Zoning, 17-012 (SUP) Page 6 of 7 June 27, 2017  EXHIBIT J: STAFF SUMMARY FOR CASE 17-012 (SUP) Page 7 of 7 3 Wool Bowl Circle, 4 Wool Bowl Circle & adjacent lot to the east 3) Lots must remain free of litter and weeds along rights-of-way in the Wool Bowl Circle cul- de-sac, North Garden, and East College Boulevard as well as fencing line along North Spring River easement and other outside fencing. Sheep on the Property VII. Action by the Planning & Zoning Commission: The Planning and Zoning Commission shall make a motion to approve or deny this application for a Special Use Permit based on these Findings of Fact, the Land Use and Zoning Considerations, information provided in the Staff Summary and packet, testimony and material introduced at the hearing and may specify conditions. Planning & Zoning, 17-012 (SUP) Page 7 of 7 June 27, 2017  AGENDA ITEM G ITEM 1: STAFF SUMMARY DISCUSSION OF EXCEPTIONS TO REQUIRED FRONT YARD (PAGE 1 OF 3) Roswell Planning & Zoning Commission Tuesday, June 27, 2017 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street ITEM FOR DISCUSSION 1. Interpretation of Zoning Code ARTICLE 23: BUILDING & PERFORMANCE STANDARDS 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. STAFF REQUEST: Planning & Zoning Staff have recently received requests for portions of carports to be built in the front-yard. Some of these requests could be accommodated if the carport could project into the front yard set back by up to five feet (5’). Staff is requesting interpretation of the Zoning Ordinance regarding the definition of non- enclosed porch or terrace as Exceptions to Required Yards (in this case the Front Yard). The Zoning Ordinance does not include definitions for “porch” or “terrace.” Does this exception to the front yard include carports? Are unenclosed carports allowed to project up to five feet (5’) into the front yard setback? In most cases, carports in the front yard would be attached to the house. Attached and Unattached carports are required to meet the five foot (5’) side yard setback. The Zoning Ordinance includes the following definition: Carport. An open-sided shelter for a car attached or detached to a structure. The City of Roswell does not provide design standards or criteria for carports in the front yard.  AGENDA ITEM G ITEM 1: STAFF SUMMARY DISCUSSION OF EXCEPTIONS TO REQUIRED FRONT YARD (PAGE 2 OF 3) Source of Definitions for “Porch” Michael Davidson and Fay Dolnick, Eds., A Planners Dictionary (Chicago: American Planning Association, 2004).  AGENDA ITEM G ITEM 1: STAFF SUMMARY DISCUSSION OF EXCEPTIONS TO REQUIRED FRONT YARD (PAGE 3 OF 3) A Planner’s Dictionary does not contain a definition for “terrace.” However, online searches show that “terrace” is often interchangeable with “Patio.” There are various definitions of “Patio.” Typically, people in Roswell use the term “Patio” to mean a level surface, paved with concrete or brick or unpaved, adjacent to the principal building, sometimes adjacent to an accessory structure, for an outdoor living space. Patio’s in Roswell are often included in the design of the home when it is built and covered by the original roofing system or later added to the primary or an accessory structure by attaching a roof-like structure supported by poles or posts. Source of Definitions for “Porch” Michael Davidson and Fay Dolnick, Eds., A Planners Dictionary (Chicago: American Planning Association, 2004).  AGENDA ITEM G ITEM 2: STAFF SUMMARY DISCUSSION OF HOME OCCUPATIONS - VEHICLES (PAGE 1 OF 2) Roswell Planning & Zoning Commission Tuesday, June 27, 2017 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street ITEM FOR DISCUSSION 2. Discussion of Vehicles in Zoning Code ARTICLE 28: HOME OCCUPATIONS STAFF REQUEST: Initiate discussions about possible text amendments to clarify the Zoning Ordinance Article governing Home Occupations. BACKGROUND: A growing issue for Planning and Zoning is the Home Occupation Ordinance with a few specific things in mind. A big issue is with building and trade contractors and landscape maintenance contractors who have home occupation businesses. Contractors have numerous work vehicles, trailers and equipment they are parking at their home and creating a nuisance. Trailers are parked attached to a truck and unattached in the street, equipment is blocking sidewalks, vehicles and trailers are parked over sidewalks, heavy equipment such as tractors are being parked on a trailer and the trailer is parked in the street. These are just a few issues that Planning and Zoning is constantly getting reports about. Staff is proposing amendments to help alleviate some of the hassle and get this under control. Proposed amendments and discussions for amendments to the City of Roswell Zoning Ordinance include: 1. Only one (1) work vehicle and one (1) work trailer will be allowed at a residence for a Home Occupation. It should also clearly state that these vehicles with trailers are not to be parked in the street or over the sidewalk and must have a minimum of eight feet of clearance from the curb. The work vehicle and trailer will be parked in the driveway when not in use, or in a side yard, rear yard, or within a fenced area in the rear or side yard on a corner lot. 2. Any heavy equipment will not be stored in a residential area other than the staging area for a job site where applicable. 3. Equipment such as tools, safety equipment (barrels, cones, etc.,) will not be left unattended on the sidewalk. 4. If multiple work vehicles and trailers are owned, then a Commercial Business License should be considered instead of a Home Occupation.  AGENDA ITEM G ITEM 2: STAFF SUMMARY DISCUSSION OF EXCEPTIONS TO REQUIRED FRONT YARD (PAGE 2 OF 2) 5. Discussion of commercial and work trucks in residential areas. 6. Discussion of vehicles for hire. These are prohibited under the Home Occupation Article. For instance, this would exclude drivers for companies such as Uber who use of a personal car for income purposes. 7. Trucking companies should be allowed as home occupations only if no trucks or tractor trailers are stored or parked on the property or on the street. Another developing issue we’re having is trucking businesses as a Home Occupation. Oversized vehicles are not allowed in a residential area. A clear definition is needed of what is considered an oversized vehicle including truck, truck tractor, van, trailer, and heavy equipment. Size should include weight, length, width and height of each individual item or combined. These vehicles are to be kept offsite in a Commercial, Industrial or County location to reduce traffic hazards and noise complaints in a residential zone. City of Roswell Zoning Ordinance Definition: “Oversized vehicle or trailer. A vehicle, trailer, or boat which exceeds 18 feet in length, 8 feet in width, or 10 feet in height.”