Planning & Zoning Commission
Regular MeetingRoswell, NM · July 25, 2017
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
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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
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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
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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
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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
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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
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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
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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.
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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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