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Planning & Zoning Commission

Regular Meeting

Roswell, NM · July 25, 2017

AgendaMinutes

Minutes

FINAL APPROVED P&Z MEETING MINUTES Tuesday, July 25, 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, Planning & Zoning Administrator Miguel Martinez, Planning & Zoning Technician William Morris, AICP, CZO, Planning Manager Audience Members Present Who Signed In: Brad Zieman (Telephonically), Larry Connolly, Tim Lawson, Felipe Navarez. C. SWEARING IN: Chair Brown swore in staff and members of the audience. Planning & Zoning Commission July 25, 2017 Minutes Page 1 of 6 D. APPROVAL OF THE AGENDA MOTION to Approve the Agenda as Presented by Commissioner Childress. Second by Commissioner McDaniel. The motion passed by a voice vote of seven to zero. E. MINUTES: Consider approval of the June 27, 2017 minutes. MOTION to Approve the June 27, 2017 Minutes as Written by Commissioner Gross. Second by Commissioner Childress. The motion passed by a voice vote of seven to zero. F. ACTION ITEMS (PUBLIC HEARING ITEMS): 1. 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 Ms. Hildreth: This case was tabled at the June 27, 2017 Meeting – to be re-opened at the August 22, 2017 Meeting if it is still necessary. 2. CASE 17-014 SUP: A Request for a Special Use Permit for Multi-Family Residential Units in C-4 (Commercial Business District); Legal Description: Subd: FAIR PARK Block: 2 Lot: 1 W 22’ AND:- Lot: 2 AND:- Lot 3 AND:- Lot 4 E 30’,,, S: 6 T: 11S R: 24E BK 716 PG 33 WD (Owner: Petroglyph Realty, LLC) Property Address: 1506 West Second Street. EXHIBITS: (A) Application; (B) Staff Summary; (C) Letter Notifying Surrounding Property Owners; (D) Chaves County Assessor’s Map Identifying Properties within the Notification Area; (E) Property Owners Notified; (F) Zoning Review Letter MOTION to Waive the Reading of the Land Use and Zoning Considerations and Finding of Facts for Case 17-014 SUP by Commissioner Armstrong. Second by Commissioner Childress. The motion passed by a voice vote of seven to zero. Planning & Zoning Commission July 25, 2017 Minutes Page 2 of 6 Chair Brown: Is there anyone wishing to speak in favor of Case: 17-014? Brad Zieman (via telephone) – General Contractor and Co-Owner of Petroglyph Realty for the property located at 1506 West Second Street. Requested a Special Use (Permit) on the property. Hopes the Commission will be in favor to this instead of the motel it used to be. They want to convert it with independent power panels for long term rentals. Introduced Tim Lawson, Manager of the Property to explain details. Mr. Zieman stated the property has had vandalism and thefts. The company is renovating the property and trying to finish it so it is presentable and beautify the property. Tim Lawson – Property Manager: Stated he has been cleaning up the property and talked to neighbors about their concerns. The owners want to turn the property into independent living for renters such as single moms with private yards with no gates – no direct access to the alley or the neighboring property to the west. Mr. Lawson said he will collect the trash daily. This will be a gated community to prevent drug dealing. There will be one (1) entrance and one (1) exit in the front (off West Second Street). The property management will have high standards and conduct background checks. The property has been vacant for eleven (11) years. The company is working on getting permits and plans for sidewalks, traffic control. Chair Brown: Asked Mr. Lawson if he had reviewed the Staff Recommendations? Mr. Lawson: Stated he found out about the meeting today. Chair Brown directed the question to Mr. Zieman: Asked Mr. Zieman if he had reviewed Staff Recommendations, the eleven (11) qualifiers for a Special Use Permit. Mr. Zieman: Indicated he had not reviewed the recommendations. Ms. Hildreth read the Staff Recommendations to Mr. Zieman. Mr. Zieman: Stated he remembered reading the Staff Recommendations. He said they are about half-way done in collecting the required information. He stated he was in agreement with what the City is requesting. Mr. Lawson: Made comments about the plans and what is in progress. Commissioner Gross: Posed a question about the timeline from start to occupying. Mr. Lawson: Stated there is a lot of work and several months. Planning & Zoning Commission July 25, 2017 Minutes Page 3 of 6 Mr. Zieman: Said he wanted to get the roof sealed up as soon as possible to prevent more damage. Commissioner Gross: Stated in order to start as soon as possible, it needs approval from the Planning and Zoning Commission and the City Building Inspector will have to decide if he is willing to issue roofing permit before the (Special Use Permit is granted.) You could start with a building/roofing permit if approved by the City Official. Mr. Morris: Asked if the Commission wanted to see all the plan sets before (they voted on the Special Use Permit.) Discussion by Commissioner Gross and Commissioner Storey on the order to the building permit process and the Special Use Permit. Ms. Hildreth: Staff takes commercial properties through a development review process before issuance of a building permit. If the Commission is comfortable with issuing a roofing permit, Staff is fine with that. Commissioner Gross: Thinks it is awesome someone wants to improve that property. Wants to know the ABCs, and needs to see the plan and more information before the Commission can change the use. Mr. Morris: Staff can bring this back in two months with the plan set. This allows us to issue building permits for the roof. They still won’t be able to use it. Commissioner Storey: Brought up Requirement Nine. Commissioner McDaniel: Asked what Staff comments are regarding Checks and Balances. Mr. Morris: The checks and balances are in the condition of approval this letter that goes along with the use. The City can issue permits, but they are taking a chance in not getting approval first to change the use. Chair Brown: At the next meeting you can provide the plan and parallel with doing the things you are doing with building and sidewalk permits. Mr. Morris: The applicant can submit plans and Staff can bring this back within a month with the stipulation that Staff allows them to proceed with pulling permits to enclose the shell. Chair Brown: Suggested working with Staff to provide acceptable plans. Planning & Zoning Commission July 25, 2017 Minutes Page 4 of 6 Commissioner Storey: Stipulation number 4 regarding six foot tall screen fence. Had a question about the four foot tall masonry fence on the east. Mr. Morris: Commercial properties are required to install a screen fence between the commercial development and residential. Residential is on the other side of the alley. Ms. Hildreth: Mr. Zieman told me today they plan to install a six foot high fence on the west side as well and enclose those back yards. Commissioner Storey: Stipulation number 7 regarding access to the property. He didn’t have a picture about the west side. Commissioner Armstrong: Requested a picture of the west side of the property. Commissioner Gross: The setbacks are different in the zoning district. Asked if it had been tested for asbestos. Mr. Lawson: Stated it had been tested and they had the paperwork for that. Chair Brown: Is there anyone wishing to speak against 17-014? None Spoke. Ms. Hildreth: Staff received one protest letter. MOTION – 17-014 SUP Commissioner Childress made a motion to table Case 17-014 until our next meeting in August at which time we will see preliminary plans. Second by Commissioner McDaniel. The motion passed by a voice vote of seven to zero. G. Other Business 1. Discussion of dates and times to hold series of Planning & Zoning Commission Workshops to discuss text amendments and interpretations of the code. The most immediate discussion topics may include: Home Occupations – vehicles Exception to Required Front Yard Setback – interpretation New Zoning Districts and Revisions to Existing Districts such as C-4 Housing Topics and definitions Zoning Ordinance Definitions Additional Text Amendments as may arise Planning & Zoning Commission July 25, 2017 Minutes Page 5 of 6 Mr. Morris: Staff has a series of text amendment subjects. Staff would like to schedule workshops at City Hall in the big conference room. Commissioner Armstrong: Suggested 4:00 p.m. on Mondays with a one (1) hour limit. Mr. Morris: Staff will work out a schedule and put together a calendar. H. PUBLIC COMMENTS Ralph Brown: Mentioned the City is busy striping streets by Military Heights Elementary. It looks great for twenty-four (24) hours. This is wasting time, effort, and money. Mr. Morris: Responded that oil-based paint can no longer be used. I. ADJOURN The meeting adjourned at 6:41 p.m. Planning & Zoning Commission July 25, 2017 Minutes Page 6 of 6

Agenda

City of Roswell Planning & Zoning Commission Agenda Tuesday, July 25, 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 Planning & Zoning 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 June 27, 2017 Minutes F. Public Hearing Items 1. 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. EXHIBITS (TABLED AT JUNE 27, 2017 P&Z MEETING. SCHEDULED TO BE REOPENED AT AUGUST 22, 2017 P&Z MEETING.) 2. CASE 17-014 SUP: A Request for a Special Use Permit for Multi-Family Residential Units in C-4 (Commercial Business District); Legal Description: Subd: FAIR PARK Block: 2 Lot: 1 W 22’ AND:- Lot: 2 AND:- Lot 3 AND:- Lot 4 E 30’,,, S: 6 T: 11S R: 24E BK 716 PG 33 WD (Owner: Petroglyph Realty, LLC) Property Address: 1506 West Second Street. EXHIBITS: (A) Application; (B) Staff Summary; (C) Letter Notifying Surrounding Property Owners; (D) Chaves County Assessor’s Map Identifying Properties within the Notification Area; (E) Property Owners Notified; (F) Zoning Review Letter G. Other Business 1. Discussion of dates and times to hold series of Planning & Zoning Commission Workshops to discuss text amendments and interpretations of the code. The most immediate discussion topics may include: Home Occupations – vehicles Exception to Required Front Yard Setback – interpretation New Zoning Districts and Revisions to Existing Districts such as C-4 Housing Topics and definitions Zoning Ordinance Definitions Additional Text Amendments as may arise 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: July 20, 2017 Planning & Zoning Commission Agenda 1 July 25, 2017 DRAFT FOR APPROVAL P&Z MEETING MINUTES Tuesday, June 27, 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 – Vice Chair Armstrong A regular meeting of the Planning & Zoning Commission was called to order at approximately 6:00 p.m. by Vice Chair Armstrong with the following members present: B. ROLL-CALL Ralph Brown (Chair) ABSENT 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, Planning & Zoning Administrator; Miguel Martinez, Planning & Zoning Technician; William Morris, AICP, CZO, Planning Manager; Louis Najar, P.E., Director of Planning & Engineering Audience Members Present Who Signed In: Favian Fernandez, Rocio Andazda, Larry Connolly, Wenceslas Del Rio, Cindy Wilson, Eppy Flores, Cone Wilson, Brandon Bond, Brandon Arnold, Juan Roberto, Jesus Mendoza, Araceli Mendoza. Planning & Zoning Commission June 27, 2017 Minutes Page 1 of 7 C. SWEARING IN: Vice Chair Armstrong swore in staff and members of the audience. D. APPROVAL OF THE AGENDA MOTION to Approve the Agenda as Written by Commissioner Gross. Second by Commissioner Childress. The motion passed by a voice vote of five to zero. E. MINUTES: Consider approval of the May 23, 2017 minutes. MOTION to Approve the May 23, 2017 Minutes as Presented by Commissioner Childress. Second by Commissioner McDaniel. The motion passed by a voice vote of five to zero. F. ACTION ITEMS (PUBLIC HEARING ITEMS): 1. 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 MOTION to Waive the Reading of the Land Use and Zoning Considerations and Finding of Facts for Case 17-013 ZOC by Commissioner Gross. Second by Commissioner Storey. The motion passed by a voice vote of five to zero. Vice Chair Armstrong: Is there anyone wishing to speak in favor of 17-013? Favian Fernandez: Residing at 821 E Albuquerque Street. Translator: Jesus Mendoza Mr. Fernandez stated he did not know he was doing wrong by building a carport. A neighbor had a similar carport close to the property. Metal will avoid incidents with fire. Vice Chair Armstrong: Is there anyone wishing to speak against 17-013? None spoke. Commissioner Gross: Asked if Code Enforcement cited him, if there was a complaint, or how Mr. Fernandez got to the P&Z meeting? Planning & Zoning Commission June 27, 2017 Minutes Page 2 of 7 Mr. Morris: A building inspector red tagged the carport. There was a complaint about water falling onto the neighbor’s property from the roof of the carport. There was no gutter at that time. The property owner next to this property is likely in violation as well. Carports have been built in the setbacks. The handouts show time line photos. In 2010, there were no carports, after that, there were carports. Property owners created carports in the setback. Comments by this Commission and the City Council indicate that people ask permission after the fact of building a structure without a permit. Staff is concerned that the City needs to establish a consistent pattern that permits must be issued before construction. Commissioner Gross: Asked if the applicant constructed the carport himself? Mr. Najar: Translated that Mr. Fernandez and his friends built it from a kit. Mr. Najar: Discussed the photos and the timeline before and after the carports were installed. Mr. Najar further discussed citations of the properties in non-compliance. Mr. Najar recommended the Commission table the case and possibly have two cases, since both carports are in non-conformance. This will allow Staff time to do more research. There is more than one problem. Mr. Mendoza: Stated (Mr. Fernandez) added gutters. The water drains to the street. Mr. Najar: Asked where the gutters empty and that he would go look again. Ms. Hildreth: The front setback is twenty-five feet (25’) and the house is setback forty feet (40’). Mr. Fernandez could have made the carport smaller and set it five feet (5’) from the property line. Mr. Fernandez could have put a large carport in the rear yard. There are no site conditions to warrant a variance. MOTION – 17-013 VAR Commissioner Storey made a motion to Table Case 17-013 a request for a variance at 821 E Albuquerque. Second by Commissioner Childress. The motion passed by a voice vote of five to zero. Vice Chair Armstrong introduced continuation of 17-012 that was tabled at the May meeting to be reviewed at the June meeting. Planning & Zoning Commission June 27, 2017 Minutes Page 3 of 7 2. 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 for Case 17-012 by Commissioner Gross. Second by Commissioner McDaniel. The motion passed by a voice vote of five to zero. Vice Chair Armstrong: Is there anyone wishing to speak in favor of 17-012? Cindy Wilson: Represents the management team at Roswell Refuge. Ms. Wilson stated she attended the previous meeting and took the Commission’s advice. She met with (Custom Construction) and found they have common goals and rectified any issues. She categorically stated she has not seen not see any drainage from the (Custom Construction) property (onto the Roswell Refuge property) then or now. The Construction company installed a flap on the Roswell Refuge garage door. Ms. Wilson stated she didn’t anticipate any trouble in the future. Larry Connolly: Residing at 2815 Encanto Drive. Mr. Connolly stated he walked the location on Sunday and thought the graffiti Mr. Jennings mentioned was not a big deal. He commended the staff. Mr. Connolly stated Custom Construction needs to be a better housekeeper in their yard and are making great progress. Mr. Connolly further stated the desire for a stipulation that piles of materials go a certain height, not over the fence level. Brandon Bond: Residing at 710 E Vista Parkway. Mr. Bond said he was at the last meeting, and met with Mr. Najar, installed storm water detention and the rip rap is in progress and has pictures that work is in progress. He stated that Mr. Najar visited the property today. The issue of runoff into the Spring River has been fully addressed. Planning & Zoning Commission June 27, 2017 Minutes Page 4 of 7 Brandon Arnold: Residing at 420 Tierra Berrenda, Owner of the Custom Construction company. Mr. Arnold clarified that the company smashes airplanes at the airport and hauls material straight to the recycling facility or shredder in Rio Rancho. The company doesn’t buy recycling from anyone. The company doesn’t stockpile airplane parts or debris in the yard and isn’t buying recycling products from public. The company demolished a building at the airport, metal was taken to the yard, cut up and prepped until it could be shipped out. A customer uses red brick that the company cleans and processes. Brandon Bond: In discussions with City Staff, the Construction Company removed recycling from the Special Use Permit. The company performs assembly, disassembly, and processing of materials and does not buy recyclables. The main thing we are here for is sheep for lawn care, to keep the weeds down. Our employees already work an average of ten hours of overtime a week. It's not feasible to have a full time employee with a weed eater. Vice Chair Armstrong: Is there anyone wishing to speak against 17-012? None spoke. Vice Chair Armstrong: Wanted assurance from staff that the issue is a request for a Special Use Permit to allow sheep and goats for weed control and to withdraw the request for Special Use Permit for recycling activities. Vice Chair Armstrong: Any comments from commission members? Commissioner Storey: What is the ordinance on allowing sheep and why is a Special Use Permit required to allow sheep on the property? Ms. Hildreth: This property is zoned I-1 which allows livestock with a Special Use Permit, it’s not a use by right. That’s why they are requesting a Special Use Permit. Mr. Najar: Agreed the company is not recycling and supports the sheep. City Staff is requesting a Commission put a couple of stipulations that City staff will conduct a minimum of one Annual inspection of the yard to make sure the sheep are doing what they are supposed by doing, and to inspect housekeeping of the yard and drainage control upkeep. The rip rap rock is there, they have to put it in place. Mr. Morris: Pointed out that a complete list of conditions is on page six (6) of the Staff Report. Planning & Zoning Commission June 27, 2017 Minutes Page 5 of 7 Vice Chair Armstrong: Asked what the difference is between their request for a Special Use for sheep and what Livestock Auction does. Ms. Hildreth: Livestock Auction is I-2 and livestock is a use by right in I-2. Vice Chair Armstrong: Does the City inspect Roswell Livestock Auction? Mr. Najar: USDA separately inspects them. As City Engineer, Mr. Najar goes around town looking at properties with drainage issues. Met with Custom Construction on May 31, and they are good with (the inspections). Commissioner Storey: Went over the conditions and clarified annual inspection and keeping sheep enclosed on the property. Vice Chair Armstrong: Asked Mr. Arnold if he is comfortable with stipulations. Mr. Arnold indicated affirmative. Vice Chair Armstrong: Before we take a vote, our concern was some contention last month. This is a good example of when people get together and work out differences. MOTION – 17-012 SUP Commissioner Storey made a motion to approve Case 17-012 with the special use permit for the use of the sheep for the property, along with the finding of facts and conditions imposed by staff 1 through 8 and staff recommendations 1-3 with the inclusion of number 4 to have staff inspection yearly along with the testimony we received tonight. Second by Commissioner McDaniel. The motion passed by a voice vote of five to zero. 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. Mr. Morris: We’ve had questions in respect to exceptions to carports in the front yard setback. We are introducing this and will bring this back to the Commission. Planning & Zoning Commission June 27, 2017 Minutes Page 6 of 7 2. Discussion of Zoning Code ARTICLE 28: HOME OCCUPATIONS regarding work vehicles, vehicles for hire, and trucking companies. Mr. Morris: This introduction deals with Home Occupations. Certain situations with certain types of uses resulting in nuisances and neighborhood discord and disruption. There are issues with vehicles and big equipment with certain types of contractors and landscapers with home occupations. Vice Chair Armstrong: Clarified these items are for review and discussion at the July meeting. H. PUBLIC COMMENTS None. I. ADJOURN The meeting adjourned at 6:36 p.m. Planning & Zoning Commission June 27, 2017 Minutes Page 7 of 7 EXHIBIT A: 17-014 SUP APPLICATION EXHIBIT B: STAFF SUMMARY FOR CASE 17-014 (SUP) Page 1 of 5 1506 W SECOND STREET Roswell Planning & Zoning Commission Tuesday, July 25, 2017 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 17-014 (SUP): Special Use Permit to allow Multi-Family Use in C-4 (Commercial Business District) Legal Description: Subd: FAIR PARK Block: 2 Lot: 1 W 22’ AND:- Lot: 2 AND:- Lot 3 AND:- Lot 4 E 30’,,, S: 6 T: 11S R: 24E BK 716 PG 33 WD Owner: Petroglyph Realty, LLC Applicant: Julie Farrer I. Site Address: 1506 West Second Street Request: Requesting a Special Use Permit to Allow Apartments in C-4. II. Site data: Site Area: Four contiguous lots 30’, 50’, 50’, 22’ in width by 136.5’ in depth. UPC: 4134062453013000000 Existing Land Use: Vacant buildings built c. 1954 that were used as apartments and a motel in the past. Proposed Land Use: Eleven-unit apartment complex. Existing Zoning: C-4 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Automobile Sales Lot – north side of 2nd Street C-4 South Single Family Dwellings – south side of alley R-3 East Vacant Commercial Building – was a hair salon C-4 West Lot and Commercial Building under common ownership – C-4 Killgo’s Breaks and Alignment Planning & Zoning, 17-014 (SUP) Page 1 of 5 July 25, 2017 EXHIBIT B: STAFF SUMMARY FOR CASE 17-014 (SUP) Page 2 of 5 1506 West Second Street * Chaves County Assessor’s Map CASE 17-014 (SUP) * * Zoning Map CASE 17-014 (SUP) * Planning & Zoning, 17-014 (SUP) Page 2 of 5 July 25, 2017 EXHIBIT B: STAFF SUMMARY FOR CASE 17-014 (SUP) Page 3 of 5 1506 West Second Street III. Intent of Petition: The applicant is requesting a Special Use Permit for Apartments in C-4 (Commercial Business District). IV. Land Use and Zoning Considerations: 1. The C-4 (Commercial Business District) allows any Permitted Uses (uses by right) that are allowed in the C-2 (Community Commercial District) which allows any Permitted Uses (uses by right) allowed in C-1 (Neighborhood Commercial District.) Multi-Family Residential Units are not allowed as a Permitted Use (use by right) in the C-1 or C-2 Zoning Districts. 2. The C-1 Zoning District allows Multi-Family Residential Units as a Special Use. C-2 specifies that it allows “Any special use in the C-1 District.” C-4 allows “Any special use in the C-2 District.” Therefore, the applicant is applying for the required Special Use Permit in order to operate a Multi-Family Dwelling Unit facility in the C-4 District. 3. Chaves County Assessor information indicates one of the buildings was constructed in 1954 and the description is “MOTEL.” Source: Chaves County Assessor http://chavesnm.mygisonline.com/ Accessed July 18, 2017 4. The City issued a Building Permit on May 8, 2002 to a previous owner of the property for repairs to an “apartment complex.” 5. The City issued a building permit for this property under the current ownership on June 13, 2011 for a remodel, clean-up, roof repair, stabilize utilities, windows and doors. Sinai Apartments is the name on the 2011 permit application and the Google Earth Street View (image date: 7/13). This permit expired before the work was completed. Planning & Zoning, 17-014 (SUP) Page 3 of 5 July 25, 2017 EXHIBIT B: STAFF SUMMARY FOR CASE 17-014 (SUP) Page 4 of 5 1506 West Second Street 6. On April 20, 2017, the City Building Official issued a Red Tag Warning to stop work on repairs until a new building permit application was submitted and a Building Permit issued. Upon submittal and review of the Building Permit Application, the Planning & Zoning Office requested the property owner apply for a Special Use Permit and specified other requirements for a proper review of the project. (See EXIBIT F: 17-014 SUP Zoning Review Letter.) 7. In order to comply with the current Zoning Ordinance, a Special Use Permit is required for Multi-Family in the C-4 Zoning District. Rezoning this property to R-3 or R-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. As of the time of this writing, there have been zero (0) written and zero (0) verbal protest received by the Planning & Zoning Office. VI. Staff Recommendation: (See EXIBIT F: 17-014 SUP Zoning Review Letter.) Based on the Land Use and Zoning Considerations stated above, the historic use of the property for multi-family dwellings Staff recommends approval of this application to allow a Special Use Permit to allow an eleven (11) unit Multi-Family Dwelling Apartment complex with the following conditions: 1) A professionally rendered site plan must be submitted showing the requirements established in the Zoning Ordinance pertaining to Building and Performance Standards in order for City Staff to conduct a proper review before a Building Permit can be issued. 2) The four separate lots must be consolidated through a summary plat performed by a land surveyor licensed in the State of New Mexico and filed with Chaves County. 3) There must be a minimum of twenty-two on-site paved parking spaces that meet City Code and a minimum of one paved van accessible ADA parking stall and access aisle that meets City Code. The parking surface must be installed to City Standards and must be maintained over time. Planning & Zoning, 17-014 (SUP) Page 4 of 5 July 25, 2017 EXHIBIT B: STAFF SUMMARY FOR CASE 17-014 (SUP) Page 5 of 5 1506 West Second Street 4) A six foot (6’) tall screen fence is required on the rear property line to serve as a buffer between the Multi-Family Use and the R-3 Residential Zoning District on the south side of the alley. 5) A landscaping plan with an irrigation plan and planting list is required as part of the commercially rendered plan submittal before a Building Permit can be issued. Required landscaping must be installed with an irrigation system. Dead landscaping must be removed. Landscaping must be maintained over time and replaced or refreshed as needed. 6) Dumpster Enclosure conforming to standards in City Zoning Ordinance must be installed. 7) Both Drive Entrances and the Sidewalk on Second Street must be improved or installed to meet ADA requirements and City and State of New Mexico Standards. The portion of the front fence blocking the drive entrance on the west side of the property must be removed to allow two access points onto the property. Front fence will be assessed for vehicular egress safety. Removal or modification may be necessary. 8) If signage is to be installed, the signage must be professionally produced. Any and all façade and free-standing signage must be placed on the site plan. Signage must be installed by a licensed contractor who will submit a separate application for a building permit. 9) The property must conform to the Zoning Ordinance and Municipal Code and criteria imposed by Staff during Development Review. 10) Property must be maintained and must remain free of litter and refuse. 11) City Staff may revoke this Special Use Permit if the structures on this property cannot be successfully restored to the standards of the version of the International Building Code adopted by the City of Roswell to be safe for habitation. Source: Google Earth – Image Date 7/13 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 with or without specifying conditions. Planning & Zoning, 17-014 (SUP) Page 5 of 5 July 25, 2017 EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 17-014 (SUP) LETTER SENT VIA CERTIFIED MAIL ON JULY 7, 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) 637.6277 SENT VIA CERTIFIED MAIL ON JULY 7, 2017 RE: PUBLIC HEARING NOTICE for ZONING CASE 17-014 SUP Application for Special Use Permit You have received this notice via certified mail because Chaves County Assessor information indicates you are a property owner of record within 100 feet of Planning & Zoning Case 17-014 SUP. The Applicant in this case is requesting a Special Use Permit for the property known as 1506 West Second Street to permit a Multi-Family Residential complex in the C-4 (Commercial Business District). PROPERTY LOCATION: 1506 WEST SECOND STREET LEGAL DESCRIPTION: Subd: FAIR PARK Block: 2 Lot: 1 W 22’ AND:- Lot: 2 AND:- Lot 3 AND:- Lot 4 E 30’,,, S: 6 T: 11S R: 24E BK 716 PG 33 WD PROPERTY OWNER: Petroglyph Realty, LLC APPLICANT: Julie Farrer CURRENT ZONING DISTRICT: C-4 (COMMERCIAL BUSINESS DISTRICT) The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, JULY 25, 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 ten 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 mailed to: City of Roswell, Zoning Administrator, PO BOX 1838, Roswell, NM 88202-1838, or via email to m.hildreth@roswell-nm.gov. The information packet for this zoning case will be available after 1:00 p.m., on Wednesday, July 19, 2017 for viewing online at http://roswell-nm.gov/AgendaCenter, or for viewing at the Planning & Zoning Office located on the first floor of City Hall Annex at 415 North Richardson Avenue. 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 Planning & Zoning Administrator (See Reverse Side – Exhibit D: Map of Notification Area) EXHIBIT D: CASE 17-0014 (SUP) – CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR SPECIAL USE PERMIT Legal Description: Subd: FAIR PARK Block: 2 Lot: 1 W 22’ AND:- Lot: 2 AND:- Lot 3 AND:- Lot 4 E 30’,,, S: 6 T: 11S R: 24E BK 716 PG 33 WD addressed as 1506 W Second Street) AND PROPERTIES WITHIN NOTIFICATION AREA 1 2 3 4 4 4 4 6 7 5 8 9 10 11 12 13 14 15 16 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA EXHIBIT E: 17-014 SUP - LIST OF PROPERTY OWNERS NOTIFIED STEVE BRINKER YOUR BUDGET CARS & TRUCKS, LLC FAUSTINO RAUL LOPEZ OR OWNER PO BOX 83 1503 W 1ST ST ROSWELL, NM 88202 ROSWELL, NM 88203 HUBBARD & SONS INVESTMENT, LLC STEVE BRINKER PO BOX 3415 1505 W 2ND ST ROSWELL, NM 88202 ROSWELL, NM 88201 SECOND STREET DEVELOPMENT LLC LILIA GOMEZ 6 QUEDO RD 7048 E 73RD AVE SANTA FE, NM 87508 COMMERCE CITY, CO 80022 LATIGO RANCH LLC PO BOX 2391 ROSWELL, NM 88202-2391 BRUCE MEYER OR OWNER 1508 W 2ND ST ROSWELL, NM 88201 PETROGLPH REALTY, LLC ATT: JULIE FARRER 9615 MERION CIRCLE ALBUQUERQUE, NM 87111 JULIE FARRER PETROGLPH REALTY, LLC 5533 VIA CONGO ALBUQUERQUE, NM 87111 MICHELLE ROMERO 12723 POINT CANYON SAN ANTONIO, TX 78253 FREDERICO & OFELIA PARDO 403 CIELITO DR ROSWELL, NM 88201 CARLOS GUTIERREZ OR OWNER BRENDA VILLEGAS-GUTIERREZ 1509 W 1ST ST ROSWELL, NM 88203 JOSEPH BERSON & SCOTT UTTER 1107 HIGHLAND RD ROSWELL, NM 88201 JOHNNY GAMBOA OR OWNER 1505 W 1ST ST ROSWELL, NM 88203 EXHIBIT F: 17-014 SUP - ZONING REVIEW LETTER City of Roswell Planning & Engineering Department Planning & Zoning Office PO Box 1838 Roswell, NM 88202-1838 Telephone: (575) 637-6294 Fax: (575) 637.6277 3 July 2017 Zoning Review of Building Permit Application for Petroglyph Realty 1506 W Second Street Roswell, NM (Legal Description Subd: FAIR PARK Block: 2 Lot: 1 W 22’ AND:- Lot 2 AND:- Lot 3 AND:- Lot 4 E 30’, , , S: 6 T:11S R: 24E BK: 716 PG: 33 WD The property is zoned C-4. Dear Sirs: Thank you for submitting a Building Permit Application for renovations to the property at 1506 West Second Street. Below is a review by the City of Roswell Planning & Zoning Staff and the requirements that must be met in order to proceed with review of the application. As this is a commercial enterprise, the Building Permit Application as submitted is incomplete. Please see the requirements below. Planning and Engineering Department: ___1. Zoning Designation – Special Use Permit Required: This property is zoned C-4 (Commercial Business District). Apartments are allowed in the C-4 District with a Special Use Permit for Multi-Family Residential Units. This requires submission of a Special Use Permit Application with a $400.00 application fee. The application will be submitted to the Planning & Zoning Commission. If the application and fee are received by June 28, 2017, the zoning case can be placed on the agenda for the July 25, 2017, or by July 25, 2017, the case can be placed on the August 22, 2017 agenda for the Planning & Zoning Commission public hearing. The Special Use Permit is required prior to issuance of a building permit. (The 2015 Comprehensive Plan’s Preferred Land Use Scenario Map indicates “Commercial” for the West Second Street corridor including this property.) ___2. Lot Consolidation: The Chaves County Assessor’s information indicates that this property is comprised of four (4) separate lots. Before a building permit is issued for this project, these four (4) lots are required to be consolidated into one (1) lot through the filing of a Summary Plat by a Registered Land Surveyor licensed in the State of New Mexico. July 3, 2017 DRC Staff Report Petroglyph Apartments – 1506 W 2nd Street Page 2 ___3. Site Plan: Four (4) sets of professionally rendered site plans are required for commercial properties. Site plans must be to scale, must show all existing and proposed structures, dimensions of structures, square footage of structures, setback distances from property lines, all utilities, paved parking areas, sidewalk, curb cuts/approaches with dimensions, landscaping areas, stormwater retention areas, screening, fencing, open spaces, signage, lighting, and other related items. ___4. Zoning Code: Commercial Development, including Multi-Family developments, must comply with the City’s Zoning Code Development Standards and the ARTICLE governing Building and Performance Standards. ___5. Paved Parking: Adequate paved (concrete or asphalt installed to City specified standards) on-site parking must be provided including the specified number of ADA parking stalls. (Refer to the Zoning Ordinance ARTICLE pertaining to Building and Performance Standards.) Contact the Zoning Office regarding this issue and where the project plans to place parking (all of which must be properly paved). ___6. Signs: Submit separate building permit application(s) for any signage - including directional signage. ___7. Landscaping: Before a building permit is issued, the submission of a Landscaping Plan is required. This plan must comply with the zoning ordinance and be approved by Planning Staff. With the Landscaping Plan, showing planting areas, provide a planting list indicating the number of each type of tree and plant, caliper of trees, and size of plant buckets for each landscaping area. Installation of irrigation system and landscaping is required to be completed before the Occupancy Permit will be granted. (Refer to the Zoning Ordinance ARTICLE pertaining to Building and Performance Standards.) Also, indicate any and all vegetation that is to be removed such as the dead tree in the courtyard. ___8. Dumpsters: In the Site Plan, a Dumpster Detail is required and must comply with Standards for Dumpster Enclosures in the ARTICLE pertaining to Building and Performance Standards. ___9. Lighting: Indicated all lighting and type of lighting (such as LED) on the site plan. Set all lighting at 90 Degree angle to prevent light spill and comply with New Mexico Night Sky Protection Act. 4,000 CCT maximum per lamp. (Refer to the Zoning Ordinance ARTICLE pertaining to Building and Performance Standards.) The existing pole light is not compliant as it is not properly shielded. July 3, 2017 DRC Staff Report Petroglyph Apartments – 1506 W 2nd Street Page 3 ___10. Fence: All existing and proposed fencing must be indicated on the site plan (including height and materials of fencing). This property abuts an alley with a residentially zoned district on the opposite side of the alley. Under the C-4 Zoning requirements, this lot will require a permanent solid screen fence or wall that is six (6) feet in height along the alley. If the project requires parking in the back, the alley must be paved and an application for a Request for a Variance must be submitted. The Variance application is $200.00. ___11. Sidewalks: Sidewalks must be maintained and be ADA compliant. Any new curb cuts or curb cut expansions must have a permit issued by City Zoning Staff. Building Department: ___1. Code: Compliance with the most Current Code. 2015 IBC & IRC 2015 IFC 2014 NEC 2012 UMC-UPC Source: Google Earth Image Date: 7/2013 Fire Marshall: Sidewalks not in compliance ___1. Entrance: Comments will be made once complete site plan is reviewed. Please contact me should you have any questions. Sincerely, Merideth Hildreth, AICP Current Planning Administrator 575.652.0024 CC: Louis Najar, P.E., Director of Planning & Engineering m.hildreth@roswell-nm.gov William Morris, AICP, CZO, Planning Manager Miller Butts, Building Official Attachments: Building and Performance Standards from Zoning Code Mike Christensen, Building Inspector C-1 (Neighborhood Business District) Gus Garcia, Mechanical & Plumbing Inspector C-2 (Community Business District) Marti Smith, Electrical Inspector C-4 (Commercial Business District) Matt Miller, Fire Marshall ADA Parking Diagram Art Torres, Utilities Director Sign Ordinance from Zoning Code Lorenzo Sanchez, Water & Sewer Line Superintendent Application for a Special Use Permit Miguel Martinez, Planning & Zoning Technician Application for a Variance AGENDA ITEM G (1): STAFF SUMMARY DISCUSSION TO HOLD PLANNING & ZONING COMMISSION WORKSHOPS (PAGE 1 OF 1) Roswell Planning & Zoning Commission Tuesday, July 25, 2017 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street ITEM FOR DISCUSSION 2. Discussion of Dates and Times to Hold a Series of Planning & Zoning Commission Workshops to Discuss Text Amendments and Interpretations of the Zoning Ordinance. STAFF REQUEST: Initiate discussions about holding a series of Planning & Zoning Commission Workshops. BACKGROUND: In order to obtain direction on specific issues and changes to the Zoning Ordinance, Staff proposes the Planning & Zoning Commission hold a series of regularly scheduled workshops in addition to regularly scheduled public hearings. The Planning & Zoning Commission will take no formal action during the workshops. Workshops will be for discussion purposes. Staff is seeking interpretation of certain items in the Zoning Ordinance, direction to change and clarify code language, and guidance to draft code for arising land use issues that are not addressed in the current code. These workshops will be the first step in the process for Planning and Zoning Staff to begin drafting a Unified Land Development Code. P&Z WORKSHOPS SCHEDULE: PLACE: CITY HALL CONFERENCE ROOM DAYS: TIME: LENGTH OF TIME:

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