Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, August 22, 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 July 25, 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. (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. (TABLED AT JULY 25, 2017 P&Z MEETING. SCHEDULED TO BE REOPENED AT SEPTEMBER 26, 2017 P&Z MEETING.) 3. CASE 17-015 ZOC: A Request for a Change in Zoning from R-1 (Residential Zoning) to R-3 (Residential Zoning) for Assisted Living Facilities and higher density residential development. Legal Description: Subd: BERRENDO IRRIGATED FARMS Block: 20 Lot: 12 E 641.98’ S 442.34’ S: 20 T: 10S R: 24E BK: 337 PG: 206 SWD (Owner: Harrington Properties, LLC with Sun Country Realty Inc) Property Address: 6.52 acres with the proposed address of 2801 N Washington Avenue. G. Other Business 1. Planning & Zoning Commission Workshops Purpose of Workshops: To review and discuss City of Roswell Zoning Ordinance. Location of Workshops: Roswell City Hall at 425 N Richardson Avenue Workshop Schedule: Monday, August 28, 2017 at 4:00 p.m., in the Large Conference Room Monday, September 11, 2017 at 4:00 p.m., in the Large Conference Room Monday, October 2, 2017 at 4:00 p.m., in the Large Conference Room Monday, October 16, 2017 at 4:00 p.m., in the Mayor’s Conference Room 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. 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Printed and posted: August 16, 2017 Planning & Zoning Commission Agenda 1 August 22, 2017  DRAFT FOR REVIEW & APPROVAL 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 EXHIBIT A: APPLICATION FOR 17-013 (VAR)  EXHIBIT G: STAFF SUMMARY 2 FOR CASE 17-013 (VAR) 821 E ALBUQUERQUE ST (Page 1 of 6) Roswell Planning & Zoning Commission Tuesday, August 22, 2017 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 17-013 (VAR): A REQUEST FOR A VARIANCE Property Location: 821 E ALBUQUERQUE ST Legal Description: Subd: FLORA VISTA Block: 5 Lot: 49 AND:- Lot: 50 BK 738 PG 1833 WD Owner: Favian Fernandez Request: Request for a Variance to keep a carport that is encroaching in the side yard setback II. Site Data: Site Area: 6980 ± square feet UPC: 4136062385220000000 Existing Land Use: Single Family Residential (one story) Proposed Land Use: Single Family Residential with carport Existing Zoning: R-3 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Single Family Residential R-3 South Vacant Lot R-3 East Single Family Residential R-3 West Single Family Residential R-3 Planning & Zoning, 17-013 VAR Page 1 of 6 August 22, 2017  EXHIBIT G: STAFF SUMMARY FOR CASE 17-013 (VAR)  821 E ALBUQUERQUE ST (Page 2 of 6) Chaves County Assessor’s Map Zoning Map –17-013 (VAR) View of Existing Carport in Relation to Property Line View of Existing Carport in Front Yard Context Planning & Zoning, 17-013 VAR Page 2 of 6 August 22, 2017  EXHIBIT G: STAFF SUMMARY FOR CASE 17-013 (VAR) 821 E ALBUQUERQUE ST (Page 3 of 6) III. Intent of Petition: The owner of the residential property at 821 East Albuquerque Street is requesting a variance to keep a non-conforming carport which is approximately one (1) foot away from the east side yard property line. IV. Land Use and Zoning Considerations: 1. The owner of the property at 821 East Albuquerque Street, Favian Fernandez, constructed a twenty-two foot (22’) by thirty foot (30’) carport without a building permit in 2017. City Building Inspector Mike Christensen issued a Correction Notice on May 5, 2017, to the property owner stating, “Permit required for carport – 2 days to come in and apply for permit. May not meet setbacks.” Mr. Fernandez visited the Planning & Zoning Office and applied for a variance. At the June 27, 2017 Planning & Zoning meeting, Mr. Fernandez said he built the carport from a kit and did not know a permit was required. Both of his neighbors had carports. Mr. Fernandez’ carport was constructed approximately one foot (1’) from the east property line and does not meet the required five foot (5’) Side Yard Setback per the Zoning Ordinance Article 22: Development Standards. The property is zoned R-3. The Carport meets the required Front Yard Setback of twenty feet (20’) from the front property line. The Case was heard at the June 27, 2017 Planning & Zoning Commission meeting. The Planning & Zoning Commission tabled Case 17-013 VAR at the June 27, 2017 to give City Staff time to conduct research and meet with neighboring adjacent property owners on the east and west sides of this property regarding their non-conforming carports also constructed without building permits. Code Enforcement Staff posted Correction Notices on the neighboring properties 819 East Albuquerque Street for a carport in the Side Yard Setback and 821 East Albuquerque Street for a carport in the Front Yard Setback. Planning & Zoning, 17-013 VAR Page 3 of 6 August 22, 2017  EXHIBIT G: STAFF SUMMARY FOR CASE 17-013 (VAR) 821 E ALBUQUERQUE ST (Page 4 of 6) 2. 819 East Albuquerque - Neighbor on the West: Regarding the non-conforming carport at 819 East Albuquerque, due to the amount of time the neighboring carport has been erected, staff recommends the carport located at 819 East Albuquerque Street be “grandfathered” in. Timeline shows carport was already installed as of March 27, 2010, which supports the carport existed before the current owners purchased the home. Chaves County Assessor information confirms the previous owner still owned the lot as of June 29, 2011. This carport was constructed prior to March 27, 2010 per timeline established by Google Earth Photos. The City Building Department has no building permit on file for this carport at View of Neighbor’s Carport at 819 E Albuquerque Ave this address. 3. The neighbor on the east, Mr. Mendoza has agreed to move his carport located at 823 East Albuquerque to the rear yard. As of August 16, 2017, there had been no building permit filed for Mr. Mendoza’s carport, but he has made arrangements with P&Z staff to submit an application as soon as he is able. View of Neighbor’s Carport at 823 E Albuquerque Ave 4. Mr. Jesus Mendoza, who resides at 823 East Albuquerque Street, has submitted a letter approving the carport at 821 East Albuquerque Street as long as gutters are installed on the carport to prevent drainage or runoff into his yard. The gutters have been installed as shown in the photo on Page 2 of this report. (See Exhibit K.) V. Findings of Fact (Conclusions of Law): 1. A notice of the time and place of the public hearing for this case was published in the Roswell Daily Record at least fifteen (15) days prior to the date of this hearing. 2. Notification of the public hearing was mailed via certified mail with return receipt requested to property owners of record, as shown by the Chaves County Assessor, with lots or land within one-hundred (100) feet of the area under consideration, excluding public rights-of-way. Planning & Zoning, 17-013 VAR Page 4 of 6 August 22, 2017  EXHIBIT G: STAFF SUMMARY FOR CASE 17-013 (VAR) 821 E ALBUQUERQUE ST (Page 5 of 6) 3. This agenda which includes this case has been posted at City Hall and on the City of Roswell’s website for over seventy-two (72) hours as required by State of New Mexico law for a public hearing. 4. As of the time of this writing, there have been zero (0) written and zero (0) verbal protests and one (1) written letter of support received by the Planning & Zoning Office. 5. According to the Zoning Ordinance ARTICLE 3: PROCEDURES, AMENDMENTS, AND CHANGES, Section 10: Variances A. “The Planning and Zoning Commission may approve a variance to the zoning requirements for a property if the reason for the requested variance is due to the property being of exceptional narrowness, shallowness, shape, or having topographical or other extraordinary conditions which prevent the property owner from being able to comply with the zoning requirements, and if the strict application of this Ordinance would result in a peculiar, exceptional, or undue hardship, as opposed to a mere inconvenience upon the property owner.” In applying the Zoning Ordinance standard to granting a variance, there are no irregularities to the size, shape, or dimensions of the lot which is fifty feet (50’) in width and one-hundred forty feet (140’) in depth. The adjacent lot on the west (819 E Albuquerque Street) has a carport that encroaches in the side yard setback on the property line abutting 821 Each Albuquerque Street. 6. The encroachment of the carport structure into the Side Yard setback is a roof and posts. The structure is not enclosed and appears to improve the property. Mr. Mendoza, the neighbor most impacted by the structure, has submitted a letter to staff showing his support for the structure as long as a gutter is installed to prevent runoff in his property. A gutter has been installed on the carport to prevent drainage onto the neighboring property. Granting this variance will not be detrimental nor injurious to the public health, safety, morals, or general welfare of the community. VI. Staff Recommendation: Based on the findings of fact, the nature of the proposed land use consideration, the surrounding land uses and zoning districts, and the regulations established in the Zoning Ordinance, Staff recommends approval of Zoning Case 17-013 to allow a variance for the carport to remain in the Side Yard Setback. Planning & Zoning, 17-013 VAR Page 5 of 6 August 22, 2017  EXHIBIT G: STAFF SUMMARY FOR CASE 17-013 (VAR) 821 E ALBUQUERQUE ST (Page 6 of 6) If the request for a variance to allow the carport to remain is approved, the Applicant shall: 1) Submit and obtain a building permit for the carport and all new construction. A double fee for the Building Permit will be assessed by the City’s Building Official. 2) Include as part of the construction plan, a gutter on the carport along the property line with the neighbor. 3) Structure must be inspected and approved by Building Inspector. VII. Action by the Planning & Zoning Commission: The Planning and Zoning Commission shall make a motion to approve or deny this application based on Findings of Fact, Land Use and Zoning Considerations, and testimony and material introduced at the hearing. The Planning and Zoning Commission may choose to add conditions to the granting of the Variance. Planning & Zoning, 17-013 VAR Page 6 of 6 August 22, 2017 EXHIBIT K: 17-013 VAR - APPROVAL LETTER FROM MR. & MRS. MENDOZA  EXHIBIT A: APPLICATION FOR 17-015 ZOC (Page 1 of 5) Under Purchase Contract pending this Application 2801 N Washington Avenue EXHIBIT A: APPLICATION FOR 17-015 ZOC (Page 2 of 5) EXHIBIT A: APPLICATION FOR 17-015 ZOC (Page 3 of 5) EXHIBIT A: APPLICATION FOR 17-015 ZOC (Page 4 of 5) EXHIBIT A: APPLICATION FOR 17-015 ZOC (Page 5 of 5)  EXHIBIT B: STAFF SUMMARY FOR CASE 17-015 (ZOC) 2801 N WASHINGTON AVE (PROPOSED ADDRESS) (Page 1 of 6) Roswell Planning & Zoning Commission Tuesday, August 22, 2017 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 17-015 (ZOC): A Request for Zone Change from R-1 to R-3 Property Location: 2810 N Washington Avenue (Proposed Address) Legal Description: Subd: BERRENDO IRRIGATED FARMS Block: 20 Lot:12 E 641.98’ S 442.34’ S: 20 T: 10S R: 24E BK: 377 PG: 206 SWD Owner: Harrington Properties, LLC with Donald Elwell Jr. c/o Sun Country Realty, Inc. Applicant: Britt Bourque Request: Request for a change in zoning from R-1 (Residential District) to R-3 (Residential District) II. Site Data: Site Area: 6.52 Acres UPC: 4135059304315000000 Existing Land Use: Vacant Land Proposed Land Use: Assisted Living Facility and possibly mixed density housing. Existing Zoning: R-1 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Vacant 2.852 Acre Parcel R-1 South Single Family Units – Chrysler Square Subdivision R-1 East Worship Facility – Assumption Parish, Inc. R-1 West Single Family Residential - Stephens Square Subd, R-1 and 4.66 Acre Vacant Parcel where a house was R-1 demolished. Planning & Zoning, 17-015 ZOC Page 1 of 6 August 22, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-015 (ZOC) 2801 N Washington Avenue (proposed address) (Page 2 of 6) Chaves County Assessor’s Map  Zoning Map –17-015 (ZOC) Planning & Zoning, 17-015 ZOC Page 2 of 6 August 22, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-015 (ZOC) 2801 N Washington Avenue (proposed address) (Page 3 of 6) III. Intent of Petition: The owner of the residential property at 2801 N Washington Avenue (proposed address) is requesting a zone change from R-1 to R-3 in order to construct an assisted living facility on the property and possibly mixed density housing. The primary intent is to provide senior housing options. IV. Land Use and Zoning Considerations: 1. The 6.52 acres parcel is located on the east side of North Washington Avenue approximately two-hundred (200 feet) south of Mescalero Road. 2. The property under consideration and the surrounding properties are zoned R-1 (Residential). There are low density Single-Family lots on the west side of Washington and south of the property abutting the southern property line with approximately 14,000 square foot to over 21,000 square foot lots. 3. The property abuts Assumption Parish on the east property line. 4. An existing private assisted living facility is located on North Washington Avenue approximately one-hundred seventy feet (170’) north of Mescalero Road. This property is zoned R-1. Source: Google Earth (Image date 4/2013) 5. Washington Avenue and Mescalero Boulevards are both classified as a Major Collectors on the City of Roswell 2015 Comprehensive Master Plan “Functional Street Classification Plan.” 6. According to the Institute of Transportation Engineers Common Trip Generation Rates (PM Peak Hour) from the Trip Generation Manual, 9th Edition): Single Family Detached Housing generate 1.00 trips per dwelling unit; Congregate Care Facilities generate 0.17 trips per dwelling unit; Assisted Living generates 0.22 trips per bed; Attached Senior Adult Housing generate 0.25 trips per dwelling unit; Detached Senior Adult Housing generate 0.27 trips per dwelling unit; and Continuing Care Retirement Community generate .016 trips per dwelling unit. Planning & Zoning, 17-015 ZOC Page 3 of 6 August 22, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-015 (ZOC) 2801 N Washington Avenue (proposed address) (Page 4 of 6) V. Findings of Fact (Conclusions of Law): 1. A notice of the time and place of the public hearing for this case was published in the Roswell Daily Record at least fifteen (15) days prior to the date of this hearing. 2. Notification of the public hearing was mailed via certified mail with return receipt requested to property owners of record, as shown by the Chaves County Assessor, with lots or land within one-hundred (100) feet of the area under consideration, excluding public rights-of-way. 3. This agenda which includes this case has been posted at City Hall and on the City of Roswell’s website for over seventy-two (72) hours as required by State of New Mexico law for a public hearing. 4. The rezoning request is compatible with surrounding land uses on the east (Assumption Parish), the vacant land north and east. The nearest R-3 Zoning District is located on the east side of Kentucky Avenue across from Assumption Parish. The Rezoning request is compatible with the Goals and Objectives in the City of Roswell 2015 Comprehensive Master Plan (see number 8 below.) 5. City of Roswell 2015 Comprehensive Master Plan “Preferred Land Use Scenario” indicates lower Residential densities in this area. The Scenario follows the existing land use development pattern. 6. Major Collector and Arterial Intersections typically generate greater traffic and higher density uses. This parcel is located on a Major Collector and within two-hundred (200) feet of an intersecting Major Collector. 7. According to City of Roswell 2015 Comprehensive Master Plan, the “R-3 District is intended for medium density residential uses” (nine dwelling units per acre). The R-3 District allows assisted living homes, group care homes, convalescent homes, and retirement centers as a permitted use-by-right. “The R-1 District is intended for low density single family detached dwellings (5 units per net acre.)” (Source: City of Roswell 2015 Comprehensive Master Plan, pages 37 and 38.) 8. City of Roswell 2015 Comprehensive Master Plan, Chapter 4: Land Use, 4.9 Land Use Goals, Policies, and Implementation Strategies states the following: “Land Use Goal 1: Promote quality infill development within existing neighborhoods or areas that are already served by City infrastructure. Objective A: To create a more compact urban form that results in more walkable, mixed use neighborhoods that integrates single family and multi-family residential, neighborhood-scale commercial retail and services, parks, trails, and open space. Planning & Zoning, 17-015 ZOC Page 4 of 6 August 22, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-015 (ZOC) 2801 N Washington Avenue (proposed address) (Page 5 of 6) Objective B: To allow for a more efficient and cost effective delivery of urban services. Land Use Implementation Strategy 1.1: Provide incentive for infill development, including but not limited to, reductions or waivers in extension and/or review fees, density bonuses, and where appropriate, relaxed development standards.” 9. City of Roswell Affordable Housing Plan 3.9 Community and Housing Profile Summary Approximately 38 percent of the housing was built before 1960, 48 percent between 1960 and 1990, and only 14% since 1990. Table 14. Population with a Disability, 2009-2013 shows that Seniors represent nearly half (45.3%) of the disabled population in Roswell. Statistic show 16.7% or 7,989 people in Roswell live with a disability (nearly half of which are Seniors – 65 and over). Of the 7,989 total disabled persons, Seniors have the following disabilities: Hearing difficulty: 17.6% Vision difficulty: 7.1% Cognitive difficulty: 13.0% Ambulatory difficulty: 27.5% Self-Care difficulty: 6.8% Independent living difficulty: 15.2% Veterans with any disability: 29.4% Chaves County numbers are similar with a total of 10,742 persons with a disability of the 64,630 total Chaves County Population. 10. Recently adopted planning documents and studies demonstrate a need in the City of Roswell and Chaves County for new housing, decent housing for all age groups and income levels, and specialized housing to care for the elderly and disabled persons. 11. According to the City of Roswell Zoning Ordinance, ARTICLE 3: PROCEDURES, AMENDMENTS, AND CHANGES; Section 9. Zone Changes “D. The Planning and Zoning Commission shall decide whether or not to approve a request for a zone change. In its deliberations, the Planning and Zoning Commission shall not approve a zone change unless it finds it conforms to the City’s Land Use Plan, is in the public interest, and is not solely in the interest of the applicant.” 12. As of the time of this writing, there have been zero (0) written and zero (0) verbal protests and one (1) inquiry for the P&Z Packet received by the Planning & Zoning Office. Planning & Zoning, 17-015 ZOC Page 5 of 6 August 22, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-015 (ZOC) 2801 N Washington Avenue (proposed address) (Page 6 of 6) VI. Staff Recommendation: Based on the findings of fact, the nature of the proposed land use consideration, the surrounding land uses and zoning districts, the regulations established in the Zoning Ordinance, and goals and objectives in City of Roswell 2015 Comprehensive Master Plan and City of Roswell Affordable Housing Plan, Staff recommends approval of Zoning Case 17-015 to change the zoning of the parcel with the legal description: Subd: BERRENDO IRRIGATED FARMS Block: 20 Lot:12 E 641.98’ S 442.34’ S: 20 T: 10S R: 24E BK: 377 PG: 206 SWD from R-1 (Residential District) to R-3 (Residential District). VII. Action by the Planning & Zoning Commission: The Planning and Zoning Commission shall make a motion to approve or deny this application based on these Findings of Fact and testimony and material introduced at the hearing. Planning & Zoning, 17-015 ZOC Page 6 of 6 August 22, 2017  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 17-015 (ZOC) LETTER SENT VIA CERTIFIED MAIL ON AUGUST 10, 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 RE: PUBLIC HEARING NOTICE for ZONING CASE 17-0015 (ZOC) Application for Change in Zoning from R-1 (Residential) to R-3 (Residential) 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 Cases 17-015 (ZOC). PROPERTY LOCATION: 6.52 acres at 2801 N Washington Avenue (proposed address) LEGAL DESCRIPTION: Subd: BERRENDO IRRIGATED FARMS Block: 20 Lot: 12 E 641.98’ S 442.34’ S: 20 T: 10S R: 24E BK: 337 PG: 206 SWD PROPERTY OWNER: Harrington Properties, LLC with Sun Country Realty, Inc. CURRENT ZONING DISTRICT: R-1 The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, AUGUST 22, 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, August 16, 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 (Exhibit D Area Map on Reverse Side of Page)  EXHIBIT D: ZONING CASES 17-015 (ZOC) – CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR ZONE CHANGE AND PROPERTIES WITHIN ONE-HUNDRED FOOT NOTIFICATION AREA Address of Property Under Consideration for a Zone Change from R-1 to R-3: 2801 N Washington Avenue (proposed address) 6.52 acres LEGAL DESCRIPTION: Subd: BERRENDO IRRIGATED FARMS Block: 20 Lot: 12 E 641.98’ S 442.34’ S: 20 T: 10S R: 24E BK: 337 PG: 206 SWD Mescalero Road Washington Ave 2 3 12 1 4 5 6 7 8 9 10 11 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA  EXHIBIT E: 17-015 ZOC – LIST OF PROPERTY OWNERS NOTIFIED 10. ALL SAINTS CATHOLIC SCHOOL OF ROSWELL 1. SUN COUNTRY REALTY INC 2700 N KENTUCKY AVE 720-B SUNSET AVE ROSWELL, NM 88201 ROSWELL, NM 88203 2. GASS PROPERTIES, LLC 11. ASSUMPTION PARISH INC, ROSWELL 1509 LATIGO CIRCLE 1280 MED PARK DR ROSWELL, NM 88201 LAS CRUCES, NM 88005 3. ALLEN, DANNY HOWARD; ALLEN, ANN R 12. HARRINGTON PROPERTIES, LLC 6283 OLD CLOVIS HIGHWAY C/O ADAM HARRINGTON ROSWELL, NM 88201 3010 MONTE VISTA BLVD ALBUQUERQUE, NM 87106 4. CHEW TRUST; JACK AND SUSIE TRUSTEES 2513 W 2ND ST ROSWELL, NM 88201 5. ALLISON PROPERTIES LTD 2724 CHRYSLER DR ROSWELL, NM 88201 6. PUNTCH, STEPHEN; PUNTCH, BONNIE PO BOX 130 ROSWELL, NM 88202 7. DAVID REVOCABLE TRUST, EDWARD N & RUTH B 2 CHRYSLER PL ROSWELL, NM 88201 8. FISH, ANTHONY; FISH, SHARON 3 CHRYSLER PLACE ROSWELL, NM 88201 9. SLAVICH, MICHAEL D; SLAVICH, BARARA E 4 CHRYSLER PLACE ROSWELL, NM 88201