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Planning & Zoning Commission

Regular Meeting

Roswell, NM · September 26, 2017

AgendaMinutes

Minutes

FINAL APPROVED P&Z MEETING MINUTES Tuesday, September 26, 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 6:13 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 ABSENT 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 Louis Najar, P.E., Director of Planning & Zoning Aaron Holloman, City Attorney Planning & Zoning Commission September 26, 2017 Minutes Page 1 of 9 Audience Members Present: Larry Connolly, Marcus Green, Joe Campos, Karl Jindra, Karen Melton, William Knight, Jeneva Martinez, Linton Miller, Laura Weathers, Matt Martinez, Tom Jennings, Donna Johnson, Faye Barnett, Karolyn Pond, Collin Underation, Doug Wieser, Molly Boyles, Michael J Alben, Peggie Roberson, Gary Harrell, Ryan Najar, Sarah Myers, Dan Blount, Kathy Blount, Jo Barber, Stephanie Quiroz, Ramon Gonzales, Barry Foster, Sherlea Taylor, Paul Taylor, Kerry Moore, Jerry Dosher, Les Walker, Chris Spear, Shaun Wigley, Lee Sidez, Tara Norwood, Lauren Richardson, Elizabeth Knight, Martin Richardson, Larry Fresquez, Brandon Hebert, Morris Schertz, Jane Ann Oldrup, Victor Guerrero, Tomas Richardson, Will Norwood, Beth Ryan, Del Jurney, City Councilor Savino Sanchez, Gonzalo Corona. C. SWEARING IN: Chair Brown swore in staff and members of the audience. D. APPROVAL OF THE AGENDA MOTION to readjust the Agenda items as shown: number three (3) which is Case Number 17-017 to be heard first, number four (4) on the agenda Case 17-018 to be heard second, number two (2) on the agenda Case 17-016 to be third on the agenda, and Case Number 17-014 which is currently number one (1) on the agenda to be number four (4) by Commissioner Armstrong. Second by Commissioner McDaniel. The motion passed by a voice vote of six to zero. E. MINUTES: Consider approval of the August 22, 2017 minutes. MOTION to Approve the Minutes as Written for August 22 by Commissioner Gross. Second by Commissioner Armstrong. The motion passed by a voice vote of six to zero. F. ACTION ITEMS (PUBLIC HEARING ITEMS): Chair Brown explained the three minute time limit per speaker. Decisions made at the meeting can be appealed to City Council in writing to the City Clerk by noon-time on Thursday. Appeals can be made only by property owners within the one-hundred foot notification area and the City who brought this variance before the Commission. 1. CASE 17-017 VAR: A request for a Variance from the Zoning Code to allow for a temporary homeless facility to be constructed on property located at the northeast corner of Grand Avenue and College Boulevard for a period of no more than thirty (30) months: Legal Description: S: 28 T: 10S R: 24E E2SW4 LYING N & W OF RR & E OF GRAND AVE BK: D BK 223 PG: 107 (Owner: City of Roswell) Property Location: Planning & Zoning Commission September 26, 2017 Minutes Page 2 of 9 Southern Portion of The Wool Bowl. 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 Mr. Morris: The issues associated with Variance 17-017 and 17-018 came out of a process when the Mayor and Administration determined there was a need to look for a short-term site for transitional housing for the homeless. Staff and the Homeless Coalition had a series of meetings whereby the Mayor directed Staff to look for appropriate sites for transitional housing due to the upcoming Winter. There are concerns about a number of individuals living in Berrendo River and around the City. There were about 360 individuals counted in a 24 hour period survey in January of this year. Staff created a process to look for a site and developed a matrix with points to create a campsite like this looking at utility location, water availability, being out of the flood plain, access to mass transit, and staying away from residential areas. Staff presented the matrix to an Ad Hoc Committee on Temporary Transitional Housing called by the Mayor consisting of members of the City Council, Staff, and other representatives. The Ad Hoc Committee on Temporary Transitional Housing prioritized the primary recommendation site to be located at the Parks and Recreation Maintenance Facility located south and east of the intersection on Twelfth and Virginia behind the old Roswell Little Theater. An alternate site approved by City Council by Resolution # 17-46 is south of the Wool Bowl. Resolution #17-46 established another proviso that if the first two locations proved not to be viable, the City Manager was given approval to look for another location. Since outdoor living is not a permitted use in any zoning district, the project had to have a temporary variance – in this case a thirty month variance. In meeting City Council’s requirement to look for a site, the two sites were presented. Chair Brown: First Case is 17-017 on the northeast corner of Grand Avenue and College Boulevard. Commissioner Taylor recused himself from Agenda Item One, Case 17-017. MOTION to waive the Reading of the Land Use and Zoning Considerations and Finding of Facts for Case 17-017 by Commissioner Armstrong. Second by Commissioner Childress. The motion passed by a voice vote of five to zero. Chair Brown: Reminded attendees of the three (3) minute limit in an orderly fashion. Chair Brown: Is there anyone wishing to speak in favor of Case: 17-017? In Favor: Marcus Green Peggy Roberson Planning & Zoning Commission September 26, 2017 Minutes Page 3 of 9 Chair Brown: Is there anyone wishing to speak against Case: 17-017? Against: Michael Allen Martin Richardson Betty Ryan Jerry Dozier Carl Junion Tom Jennings Tom Jennings: Raised Point of Order – if you want to protest you have to live or reside on property approximate to this Case, I believe you must own property, not live or reside there. Mr. Holloman: It is property owners not residents. Chair Brown: Asked for Staff comments. Mr. Morris: I believe all our comments have been listed in the application before you. We stand for questions. Mr. Najar: As City Engineer, regarding economic development, that section of property is for future growth for the Wool Bowl for parking and access is more viable. Elite Fitness looked at buying that property. From an economic point of view, that is prime real estate either for sale or development of future access for more parking at the Wool Bowl and for activities in that area. Commissioner Gross: Why would the City apply for a variance instead of Special Use Permit on this project? Mr. Najar: Variance can be temporary in nature and it was more of a legal aspect. Mr. Holloman, City Attorney: None of the zoning districts allow a Special Use Permit for this kind of project. Between Bill (Morris) and I, this is what we could come up with as to what the code states. Chair Brown: Asked for clarification that a variance allows something to be built. There is another process that deals with security and sanitation Planning & Zoning Commission September 26, 2017 Minutes Page 4 of 9 Mr. Holloman: The idea at this point council with ad hoc committee wanted staff to find a site and negotiate with Homeless Coalition, that insurance and policy and procedures would be in place. This is one step. Mr. Morris: We would look for checks and balances with respect to performance on how this will be operated in the future. It will go through our review process. Chair Brown: We have four written protests from property owners within the one- hundred (100) feet notification area: Mr. Najar: You are above the twenty percent (20%) mark. You will need five (5) commissioners to vote in favor of the variance for it to pass. Mr. Morris: The actual percentage is forty-nine percent (49%). Twenty percent (20%) is the cut-off. Commissioner Gross: Read Article 3, Section 10 of the Zoning Ordinance pertaining to the Commission’s guideline to approve a variance. How does this fit into a variance? Mr. Morris: That definition of a variance does not contemplate this kind of situation or this type of use. This is a unique circumstance and is also a temporary use. There's nothing that says you cannot have a temporary variance. Chair Brown: Entertained a motion on Case17-017. MOTION – 17-017 VAR Commissioner Armstrong made a motion to deny the variance to allow for a temporary homeless facility based on the findings of fact, the information provided by the Staff to the Commission, and the testimony presented this evening. Second by Commissioner Gross. The motion passed by a roll-call vote of six to zero. Chair Brown: YES Commissioner Armstrong: YES Commissioner Gross: YES Commissioner Childress: YES Commissioner McDaniel: YES The motion passed by a roll-call vote of five to zero. Morris: Five votes to deny this variance. (Commissioner Taylor recused himself.) Planning & Zoning Commission September 26, 2017 Minutes Page 5 of 9 Chair Brown: Property owners or Staff can appeal to City Council by Thursday by noon- time. 2. Case 17-018. VAR: A request for a Variance from the Zoning Code to allow for a temporary homeless facility to be constructed on property located at Subdivision: NORTH SPRING RIVER Block: 16 Lot: S 1 THRU 7 LESS RIVER Quarter: NW S: 33 T: 10S R: 24E BK: 406 PG: 592 QCD, for a period of no more than thirty (30) months. (Owner: City of Roswell) Property Location: South side of 200 Block of East Twelfth Street abutting Rail Road Track and one block east of Virginia Avenue. 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 17-018 by Commissioner Armstrong. Second by Commissioner Childress. The motion passed by a voice vote of six to zero. Chair Brown: Is there anyone wishing to speak in favor of Case: 17-018? In Favor: Shaun Wigley Marcus Green Kerry Moore Peggy Robinson Jeneva Martinez Lee Sidez Joe Campos Brandon Hebert Chair Brown: Is there anyone wishing to speak against Case: 17-018? Against: Jane Ann Oldrup AWC Propane Company Molly Boyles Dan Blunt Collin Underation Larry Fresquez Morris Schertz Linton Miller Tom Jennings Doug Wieser Planning & Zoning Commission September 26, 2017 Minutes Page 6 of 9 Mr. Morris: We went through a process. Staff has had discussions on transition for parks. Mr. Najar: From an economic development point of view, I understand those against. Looking at this as a planning and zoning process, this is an industrial site. Las Cruces and Carlsbad have facilities in industrial sites. Mr. Najar recommended that if approved, that this site have screened perimeter fencing. It is a secure facility for the City’s equipment and materials. It would be a secure facility for the homeless. Mr. Morris: There will be a site plan process that will be applied for this as for any other kind of facility. Chair Brown: Asked if there were any written letters of protest? Ms. Hildreth: There were none. Chair Brown: Asked for the list where letters sent. Ms. Hildreth: They’re in the packet. Commissioner McDaniel: Asked when Rivers of Life was closing. Marcus Green: Harvest Ministries supports Rivers of Life financially and weekly with food for residents and guests. It is not for all the homeless with curfews, must be there for meals and chapel services, cannot accept pets, cannot accept married couples, cannot accept single men with minor children. Many homeless don't qualify to stay at Rivers of Life. MOTION – 17-018 VAR Commissioner Armstrong made a motion to deny a variance to allow for a temporary homeless facility based on the findings of fact, the information provided to the Commission, and the testimony introduced this evening. Second by Commissioner Taylor The motion passed by a roll-call vote of six to zero. Chair Brown: YES Commissioner Armstrong: YES Commissioner Gross: YES Commissioner Childress: YES Commissioner Taylor: YES Commissioner McDaniel: YES Mr. Morris: The recommendation of denial has been passed. Planning & Zoning Commission September 26, 2017 Minutes Page 7 of 9 Chair Brown: This can be appealed by property owners and staff by noon time on Thursday. Advised the audience to move out of the room quietly and thanked them for participating in this process. 3. CASE 17-016 SUP: A request for a Special Use Permit for Professional Medical Office in R-3 Residential Zoning District; Legal Description: Subd: ALAMEDA HEIGHTS Block: 2 Lot: 1 S2 BK 732 PG 1051 WD (Owner: Gonzalo Corona) Property Address: 304 S Lea Avenue. 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; (F) 304 S Lea Parking Surface Permit MOTION to waive the Reading of the Land Use and Zoning Considerations and Finding of Facts for Case 17-016 by Commissioner Armstrong. Second by Commissioner Childress. The motion passed by a voice vote of six to zero. Chair Brown: Is there anyone wishing to speak in favor of Case: 17-016? In Favor: Dr. Gonzalo Corona Chair Brown: Is there anyone wishing to speak against Case: 17-016? Opposed: None Spoke Mr. Morris: Staff recommends approval. No letters of opposition. They will have to do parking improvements. That's standard stuff. Mr. Najar: I've been on site review with Merideth – I explained requirements for parking, hard surfaces, ADA. The applicant seems willing and able to do the work. I concur with recommendation MOTION – 17-016 SUP Commissioner Gross made a motion to approve Case Number 17-016 based on finding of facts, and the testimony received here this evening. Second by Commissioner McDaniel. The motion passed by a voice vote of six to zero. Planning & Zoning Commission September 26, 2017 Minutes Page 8 of 9 4. 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; (F) Zoning Review Letter Mr. Morris: Recommended the case be withdrawn until the applicant can provide all the information instead of rolling it over each month. Chair Brown: Asked if it needs to be taken off the table first. Commissioner McDaniel made a motion to Un-table 17-014 Second by Commissioner Gross. The motion passed by a voice vote of six to zero. MOTION – 17-014 SUP MOTION to remove Case 17-014 made by Commissioner Taylor. Second by Commissioner Armstrong. The motion passed by a voice vote of six to zero. G. Other Business H. PUBLIC COMMENTS Chair Brown: Thanked Toby Gross for bringing food (for the workshop). Mr. Morris: Thank you for hanging in there long night and professionalism. I. ADJOURN The meeting adjourned at 7:49 p.m. Planning & Zoning Commission September 26, 2017 Minutes Page 9 of 9

Agenda

City of Roswell Planning & Zoning Commission Agenda Tuesday, September 26, 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 August 22, 2017 Minutes F. Public Hearing Items 1. 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. (P&Z Commission tabled Case at July 25 public hearing, Table of Case continued at August 22, 2017 hearing to be re-opened at September 26, 2017 P&Z Public Hearing.) 2. CASE 17-016 SUP: A Request for a Special Use Permit for Professional Medical Office in R-3 Residential Zoning District; Legal Description: Subd: ALAMEDA HEIGHTS Block: 2 Lot: 1 S2 BK 732 PG 1051 WD (Owner: Gonzalo Corona) Property Address: 304 S Lea Avenue. 3. CASE 17-017 VAR: A Request for a Variance from the Zoning Code to allow for a temporary homeless facility to be constructed on property located at the northeast corner of Grande Avenue and College Boulevard for a period of no more than thirty (30) months: Legal Description: S: 28 T: 10S R: 24E E2SW4 LYING N & W OF RR & E OF GRAND AVE BK: D BK 223 PG: 107 (Owner: City of Roswell) Property Location: Southern Portion of The Wool Bowl. 4. Case 17-018. VAR: A Request for a Variance from the Zoning Code to allow for a temporary homeless facility to be constructed on property located at Subdivision: NORTH SPRING RIVER Block: 16 Lot: S 1 THRU 7 LESS RIVER Quarter: NW S: 33 T: 10S R: 24E BK: 406 PG: 592 QCD, for a period of no more than thirty (30) months. (Owner: City of Roswell) Property Location: South side of 200 Block of East Twelfth Street abutting Rail Road Track and one block east of Virginia Avenue. G. Other Business 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: September 20, 2017 Planning & Zoning Commission Agenda 1 September 26, 2017 DRAFT FOR REVIEW & APPROVAL P&Z MEETING MINUTES Tuesday, August 22, 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 6:01 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 ABSENT 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 Louis Najar, P.E., Director of Planning & Zoning Aaron Holloman, City Attorney Planning & Zoning Commission August 22 2017 Minutes Page 1 of 7 Audience Members Present: Floyd McOsbourn, Ruth David, Ed David, Donna Oracion, Pat Walker, Tasha Olive, Shane Olive, Larry Connolly, Robert Moore, David Hecht, Bonnie Puntch, Steve Puntch, Efren Luna, Favian Fernandez, Alexis Swoboda, Bob Armstrong, Robert S. Herring, Anthony Fish, Sharon Fish, William Kennedy, Alisa Kennedy, Gina Buldra, George Finley, Todd Dekay, Kurt Gass C. SWEARING IN: Chair Brown swore in staff and members of the audience. D. APPROVAL OF THE AGENDA MOTION to Move Case Three 17-015 Request for Change in Zoning from R-1 Residential to R-3 Residential from Number Three up to Number One and move One and Two down accordingly by Commissioner Storey. Second by Commissioner Armstrong. The motion passed by a voice vote of six to zero. E. MINUTES: Consider approval of the July 25, 2017 minutes. MOTION to Approve the July 25, 2017 Meeting Minutes as Written by Commissioner Gross. Second by Commissioner Storey. The motion passed by a voice vote of six to zero. F. ACTION ITEMS (PUBLIC HEARING ITEMS): 1. 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: Address not yet assigned – 6.52 acres property on east side of N Washington Avenue south of Mescalero Road across from property addressed as 2814 N Washington Avenue. Mr. Morris: Concerning Case 17-015, this is a request for change in zoning from R-1 Residential Zoning to R-3 Residential Zoning for the purpose of Assisted Living facilities and higher density residential development. Staff received a letter from the applicant requesting this case be withdrawn. Mr. Morris requested a motion and a second from the Planning and Zoning Commission and a final vote to confirm the request for withdrawal. Planning & Zoning Commission August 22 2017 Minutes Page 2 of 7 Motion by Commissioner Armstrong based on the email presented to the City to withdraw Case Number 17-015 from our Agenda. Second by Commissioner McDaniel The motion passed by a voice vote of six to zero. Chair Brown: Case 17-015 to rezone from R-1 to R-3 has been withdrawn and will not be heard tonight. Chair Brown stated he has no other information than what the City Planner told us. It was moved up in the agenda so those in attendance regarding Case 17-015 would not have to sit through two cases. There is no action regarding rezoning of that property. If this Case comes up again, notifications will be sent out just like this last time. It will be the same process we follow for all rezoning changes in the City. Mr. Morris: Given all the folks who are here, Staff understands the will of the neighborhood is to remain R-1. Chair Brown: Thanked the audience members for their participation and reminded them that the Commission has two more cases to hear. Chair Brown: Asked that conversations be moved to the hallway so the Commission could continue the meeting. 2. 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 by Commissioner Armstrong. Second by Commissioner Gross The motion passed by a voice vote of six to zero. MOTION to pull Case Number 17-013 a request for variance of a side yard for carport in R-3 setback that was Tabled at the June 27, 2017 P&Z Meeting to be removed from the Table for Discussion by Commissioner Storey. Second by Commissioner Armstrong. The motion passed by a voice vote of six to zero. Chair Brown: Any appeals of any rulings tonight must be in City Clerk’s office before noon on Thursday. Planning & Zoning Commission August 22 2017 Minutes Page 3 of 7 Favian Fernandez residing at 821 E Albuquerque (property owner) and Efren Luna (translator) residing at 25 Wildy Drive: Mr. Luna referred to a letter from the neighbor. Commissioner Armstrong: Clarified the letter written by the neighbor stating he had no issues with the carport as long as drainage did not go onto his property. Ms. Hildreth: The letter from the neighbor at 823 East Albuquerque is Exhibit K in the Packet. Commissioner Gross: Mentioned the Commission requested for a permit and inspection by the Building Official. Mr. Morris: Referred to conditions in the Staff Summary including applicant submittal of an application to obtain a building permit for the carport, with a double fee to be assessed by the City Building Official, guttered on side, and pass Building Official’s inspection as any other structure. The applicant is working to improve the property, has resolved issue with the neighbor. Staff supports this particular case. This speaks to the bigger issue that word needs to go out to the community to get permits and talk to Staff. Chair Brown: Stated there is still no building permit. Mr. Morris: This is required of the applicant to obtain immediately with the conditions in the Staff Report. Mr. Luna: Asked if the carport still needed an inspection. Mr. Morris: Yes, the carport has to be built to meet the code and the carport needs an inspection. Mr. Martinez: The applicant has submitted a building permit application and it is still being processed pending this case. Commissioner Taylor: Have we heard anything from the property owner at 819 East Albuquerque? Mr. Najar: Staff did research on both 819 to the west and (823) to the east. After reviewing all aerials and research titles of 819 East Albuquerque, that property with the carport in a similar condition was built before the current property owner had it. The property owner to the east is coming in for a building permit and wishes to move it and relocate it and go through the process. Chair Brown: Is there anyone wishing to speak in favor of Case: 17-013? No one spoke. Planning & Zoning Commission August 22 2017 Minutes Page 4 of 7 Chair Brown: Is there anyone wishing to speak against Case: 17-013? No one spoke. Mr. Morris: Staff is fine with the conditions being applied, and things have settled out with the neighbors. Miguel is making sure they go through the proper permitting process. MOTION – 17-013 VAR Commissioner Storey made a motion to approve Case Number 17-013 a variance request for a variance to the side yard for a carport in a R-3 Residential, this was previously tabled at the June 27th meeting and re-opened tonight to be approved along with the land use and zoning considerations, the finding of facts, and the Staff recommendation along with testimony we received tonight. Second by Commissioner McDaniel. The motion passed by a voice vote of six to zero. 3. 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 by Commissioner Armstrong. Second by Commissioner McDaniel . The motion passed by a voice vote of six to zero. There was discussion among Commissioners that Case 17-014 was Tabled at a previous meeting. Mr. Morris: The applicant did not supply the information for this particular round. Staff is not adverse to tabling it to next month. Ms. Hildreth: Reviewed the July 25, 2017 minutes for Case 17-014 SUP. The motion in the minutes stated this case was tabled at the July 25, 2017 Meeting – to be re-opened at the August meeting at which time we will see preliminary plans. Ms. Hildreth stated Planning & Zoning Commission August 22 2017 Minutes Page 5 of 7 she contacted the owner of the property to include the plans in the packet. They did not have them ready. Mr. Morris: Tabling this Case one more month until the September meeting would be fine with Staff. MOTION – 17-014 SUP Commissioner Storey made a motion that Case Number 17-014 request for a Special Use Permit for Multi-Family Residential Units in a C-4 that was Tabled at the July 25th meeting be continuous Tabled until the September 26th P&Z meeting. Second by Commissioner McDaniel. The motion passed by a voice vote of six to zero. G. Other Business 1. Discussion of dates and times to hold series of Planning & Zoning Commission Workshops Mr. Morris: This is a list of workshops and schedule. 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 The Commissioners discussed the schedule. The Commissioners decided it would be better to hold the workshops on the same day as the Planning and Zoning Commission public hearings. The Planning & Zoning Workshops will be rescheduled from 5:00 to 6:00 p.m., prior to the Planning & Zoning Commission hearings starting in September. H. PUBLIC COMMENTS Larry Connolly residing at 2815 Encanto: My first impression about the case was this is great, we should do this. Stated he hopes the Harrington Brothers will reapply. Planning & Zoning Commission August 22 2017 Minutes Page 6 of 7 Aaron Holloman: Because Commissioners have to make decisions based on information presented at public hearings, encouraged the Commissioners to deflect any waves of comments from people when shopping or at church that people not have discussions with the Commissioners about Cases, but attend the hearing in order make public comment so all Commissioners can benefit. This will shield the Commissioners from potential conflict. Commissioners added their thoughts and how they address people who want to have conversations, that the commissioners do not discuss cases outside the hearings. Commissioners can tell people how to participate. Mr. Morris: Speaking as a Planner, that area has a lot of vacant land and a small area plan would be appropriate. Commissioners discussed the idea of planning for this area. Mr. Najar: Cannot have R-1 fronting Collector roads, they will have to put in cul-de-sacs or loop roads. Adam Harrington with HB Construction in Albuquerque is award winning contractors, designers. Mr. Najar expressed his “hope” that the Harrington Brothers come back with modern ideas and outside money. I. ADJOURN The meeting adjourned at 6:36 p.m. Planning & Zoning Commission August 22 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 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 EXHIBIT A: 17-016 SUP - APPLICATION EXHIBIT B: STAFF SUMMARY FOR CASE 17-016 (SUP) Page 1 of 4 304 S Lea Avenue Roswell Planning & Zoning Commission Tuesday, September 26, 2017 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 17-016 (SUP): A Request for a Special Use Permit for Professional Medical Office in R-3 Residential Zoning District I. Legal Description: Subd: ALAMEDA HEIGHTS Block: 2 Lot: 1 S2 BK 732 PG 1051 Avenue Owner: Gonzalo Corona II. Site Address: 304 S Lea Avenue Request: Request for Special Use Permit for a Professional Medical Office in the R-3 Residential Zoning District II. Site data: Site Area: 12,000 square feet Main Building (Existing): 2,163 square feet UPC: 4135062361133000000 Existing Land Use: Single Family Dwelling that was a professional office Proposed Land Use: Professional Medical Office with Living Quarter Existing Zoning: R-3 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Professional Office R-3 South Single Family Residential R-3 East Single Family Residential R-3 West Single Family Residential R-3 & R-2 Planning & Zoning, 17-016 (SUP) Page 1 of 4 September 26, 2017 EXHIBIT B: STAFF SUMMARY FOR CASE 17-016 (SUP) Page 2 of 4 304 S Lea Avenue * Chaves County Assessor’s Map CASE 17-016 SUP * Zoning Map CASE 17-016 (SUP) Planning & Zoning, 17-016 (SUP) Page 2 of 4 September 26, 2017 EXHIBIT B: STAFF SUMMARY FOR CASE 17-016 (SUP) Page 3 of 4 304 S Lea Avenue III. Intent of Petition: The applicant is requesting a Special Use Permit for a Professional Medical Office in the R-3 Residential Zoning District IV. Land Use and Zoning Considerations: 1. This interior property, located at 304 S Lea Ave, is in the R-3 Residential Zoning District. 2. This property abuts an alley on the west side. This alley separates R-3 fronting on Lea Ave from R-2 and R-3 fronting Missouri Ave. The property abuts an R-3 residential lot on the south side and north sides. R-3 residential lots front on the east side of Lea Ave. 3. City of Roswell Zoning Ordinance ARTICLE 9: R-3 RESIDENTIAL DISTRICT states the following: “This district is intended for medium density residential uses provided through a variety of housing types and other non-residential uses that are compatible with the surrounding area and which uphold and maintain the medium density residential district. Multi-family dwellings in excess of two (2) story structures are not permitted. A six foot (6’) screen fence shall be required along for religious assemblies, multiple family dwellings, assisted living homes, group homes, etc., and/or any Special Use (Section 2.B.), along all property lines abutting single family residential dwellings.” 4. This use is permitted in R-3 with a Special Use Permit per Article 9: R-3 Residential District; Section 2: Special Uses; 8. “Professional offices not to exceed 10,000 square feet in gross floor area, where an additional 5% landscaping shall be provided and side yard setbacks on interior lot lines shall be no less than 10 feet. “ 5. The structure was used as a professional office in the past. The applicant intends to convert the structure into a professional office for a medical practice. 6. See EXHIBIT F 17-016 SUP 304 S LEA PARKING SURFACE PERMIT for parking area. 7. The adjacent property to the north with the address 300 S Lea Avenue is a business with a paved parking lot. 304 S Lea Avenue grass 300 S Lea Avenue area to be paved parking Planning & Zoning, 17-016 (SUP) Page 3 of 4 September 26, 2017 EXHIBIT B: STAFF SUMMARY FOR CASE 17-016 (SUP) Page 4 of 4 304 S Lea Avenue 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: Based on the Land Use and Zoning Considerations stated above, Staff recommends approval of this application to allow a Special Use Permit to for a Professional Medical Office in the R- 3 Residential Zoning 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, information provided in the Staff Summary and packet, testimony and material introduced at the hearing with or without specifying conditions. Planning & Zoning, 17-016 (SUP) Page 4 of 4 September 26, 2017 EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 17-016 (SUP) LETTER SENT VIA CERTIFIED MAIL ON SEPTEMBER 15, 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 17-016 (SUP) Applications for a 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 Cases 17-016 (SUP) - A Request for a Special Use Permit for a Professional Medical Office in R-3 Zoning District. OWNER/APPLICANT: GONZALO CORONOA PROPERTY LOCATION: 304 S LEA AVENUE. LEGAL DESCRIPTION: Subd: ALAMEDA HEIGHTS Block: 2 Lot: 1 S2 BK 732 PG 1051 WD CURRENT ZONING DISTRICT: R-3 The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, SEPTEMBER 26, 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. 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, September 20, 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) EXHIBIT D: CASE 17-016 (SUP) – CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR SPECIAL USE PERMIT Legal Description: Subd: ALAMEDA HEIGHTS Block: 2 Lot: 1 S2 BK 732 PG 1051 WD 304 S LEA AVENUE AND PROPERTIES WITHIN 100’ NOTIFICATION AREA 11 10 1 4 12 9 14 2 13 4 8 15 3 16 4 7 4 6 5 4 17 4 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA EXHIBIT E: 17-016 SUP - LIST OF PROPERTY OWNERS NOTIFIED ROSWELL HOUSE OF FLOWERS CHRISTOPHER LUCERO JR OR RESIDENT 1 405 W ALAMEDA 12 510 W ALAMEDA ST ROSWELL, NM 88203 ROSWELL, NM 88203 ROSWELL HOUSE OF FLOWERS CHRISTOPHER LUCERO JR OR RESIDENT 1 211 S LEA AVE 13 303 S MISSOURI AVE ROSWELL, NM 88203 ROSWELL, NM 88203 PAUL & MARIA SEIFERT SANDRA KAY WALTERS & RICHARD VILLARD 2, 3 5319 KACHINA ST NW 14 506 W ALAMEDA ST ALBUQUERQUE, NM 87120-3392 ROSWELL, NM 88203 2, 3 PAUL & MARIA SEIFERT OR RESIDENT 15 HECTOR CHAVEZ 414 W ALAMEDA ST 6033 N ATKINSON AVE ROSWELL, NM 88203 ROSWELL, NM 88201 APRIL J MEANS HECTOR CHAVEZ OR RESIDENT 4 15 413 W TILDEN ST 305 S MISSOURI AVE ROSWELL, NM 88203 ROSWELL, NM 88203 SPECTRUM CONSULTING TINO LLC 5 1509 LATIGO LN 16 1010 N LEA AVE 1 ROSWELL, NM 88201 ROSWELL, NM 88201 SPECTRUM CONSULTING OR RESIDENT TINO LLC OR RESIDENT 5 415 W TILDEN ST 16 307 S MISSOURI AVE 1 ROSWELL, NM 88203 ROSWELL, NM 88203 JOANNA HERR & SUSAN MCCLURE KAREN SCHOOLEY 6 PO BOX 4494 17 511 W TILDEN 1 ROSWELL, NM 88202 ROSWELL, NM 88203 JOANNA HERR & SUSAN MCCLURE OR RESIDENT KAREN SCHOOLEY OR RESIDENT 6 312 S LEA AVE 309 S MISSOURI AVE 17 1 ROSWELL, NM 88203 ROSWELL, NM 88203 RICHARD & RHONDA GUTIERREZ 7 310 S LEA AVE 6 1 ROSWELL, NM 88203 1 8 DR GONZALO CORONA 1 304 S LEA AVE ROSWELL, NM 88203 BAC REAL ESTATE LLC 9 300 S LEA AVE 1 ROSWELL, NM 88203 CRAIG DURAN & NICOLE DURAN 10 212 S LEA AVE 1 ROSWELL, NM 88203 BUTTS/MCLEAN REVOCABLE FAMILY TRUST 11 509 W ALAMEDA ST 1 ROSWELL, NM 88203 CHRISTOPHER LUCERO JR 12, 13 35 CEDAR DR 1 ROSWELL, NM 88203 EXHIBIT F 17-016 SUP 304 S LEA PARKING SURFACE PERMIT - PAGE 1 OF 2 EXHIBIT F 17-016 SUP 304 S LEA PARKING SURFACE PERMIT - PAGE 2 OF 2 EXHIBIT A: 17-017 VAR- APPLICATION EXHIBIT B: STAFF SUMMARY FOR CASE 17-017 (VAR) Page 1 of 4 WOOL BOWL AREA Roswell Planning & Zoning Commission Tuesday, September 26, 2017 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 17-017 (VAR): Variance to allow for a temporary homeless facility Legal Description: Subd: S: 28 T: 10S R: 24E E2SW4 LYING N & W OF RR & E OF GRAND AVE BK: D BK 223 PG: 107 Owner: City of Roswell Applicant: City of Roswell I. Site Address: Wool Bowl II. Request: Requesting a Variance to allow for a temporary homeless facility. II. Site data: Site Area: 4.78 acres UPC: 4136060189370000000 Existing Land Use: Wool Bowl Proposed Land Use: Temporary homeless facility Existing Zoning: R-1 (Residential) Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Roswell Self Storage and vacant lots C-2 & RMP South Commercial/Industrial businesses I-1 East Vacant lots, homes, Commercial/Industrial businesses I-1 West Burrito Express and NMMI Field R-1 & C-2 Planning & Zoning, 17-017 (VAR) Page 1 of 4 September 26, 2017 EXHIBIT B: STAFF SUMMARY FOR CASE 17-017 (VAR) Page 2 of 4 Wool Bowl Area * * Chaves County Assessor’s Map Zoning Map CASE 17-017 (VAR) CASE 17-017 (VAR) Planning & Zoning, 17-017 (VAR) Page 2 of 4 September 26, 2017 EXHIBIT B: STAFF SUMMARY FOR CASE 17-017 (VAR) Page 3 of 4 WOOL BOWL AREA IV. Intent of Petition: The applicant is requesting a Variance to allow for a temporary homeless facility in the R-1 (Residential District) for a timeframe of no more than thirty (30) months. V. Land Use and Zoning Considerations: 1. While the area is located within the R-1 zoning district, it is surrounded by existing institutional and commercial uses, specifically, the Wool Bowl, the Anderson Museum of Contemporary Art, professional offices, and Burrito Express. 2. The site is located outside of a floodplain, and does have access to utilities and mass transit. 3. This variance is temporary with a timeframe of no more than thirty (30) months. VI. 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. Planning & Zoning, 17-017 (VAR) Page 3 of 4 September 26, 2017 EXHIBIT B: STAFF SUMMARY FOR CASE 17-017 (VAR) Page 4 of 4 WOOL BOWL AREA VII. Staff Recommendation: Based on the Land Use and Zoning Considerations stated above, recommendation of approval of VAR 17-017 (VAR) for a period of no more than thirty (30) months from the date of the approval. 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, 17-017 (VAR) Page 4 of 4 September 26, 2017 EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 17-017 (VAR) LETTER SENT VIA CERTIFIED MAIL ON SEPTEMBER 15, 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 SEPTEMBER 15, 2017 RE: PUBLIC HEARING NOTICE for ZONING CASE 17-017 VAR - Application for Variance You have received this notice via certified mail because Chaves County Assessor information indicates you are a property owner of record within 100 feet of Planning & Zoning Case 17-017 VAR. The Applicant in this case is requesting a Variance from the Zoning Code to allow for a temporary homeless facility to be constructed on property located at the northeast corner of Grand Avenue and College Boulevard for a period of no more than thirty (30) months. PROPERTY LOCATION: Southern Portion of the Wool Bowl. LEGAL DESCRIPTION: S: 28 T: 10S R: 24E E2SW4 LYING N & W OF RR & E OF GRAND AVE BK: D BK 223 PG: 107 PROPERTY OWNER: City of Roswell APPLICANT: City of Roswell CURRENT ZONING DISTRICT: R-1 The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, SEPTEMBER 26, 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.martinez@roswell-nm.gov. The information packet for this zoning case will be available after 1:00 p.m., on Wednesday, SEPTEMBER 20, 2017. You may inspect the information packet in detail at the Planning & Zoning Office located on the first floor of City Hall Annex at 415 North Richardson Avenue. The P&Z Packet may be viewed online at www.roswell-nm.gov. Copies of the information packet may be obtained from the Planning and Zoning Office at a cost of 35 cents per sheet. The City’s Zoning Ordinance is available online at: http://roswell-nm.gov/DocumentCenter/View/768 If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Respectfully, Miguel Martinez (Exhibit D: Area Map on Reverse Side ) Planning & Zoning Technician EXHIBIT D: CASE 17-017 (VAR) – CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR VARIANCE Legal Description: S: 28 T:10S R: 24E E2SW4 LYING N & W OFF RR & E OF GRAND AVE BK: D BK 223 PG:107 20 18 16 21 22 19 17 15 14 23 13 12 11 24 10 9 6 8 7 25 1 5 4 26 3 27 2 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA EXHIBIT E: 17-017 VAR - LIST OF PROPERTY OWNERS NOTIFIED 1. City of Roswell 16, 17. Roswell Self Storage PO Box 1838 PO Box 1268 Roswell, NM 88202 Roswell, NM 88202 2. Ritter Investments LLC 18. Woods, Michael G; Woods, Nancy L PO Box 1836 25 La Placita Dr Roswell, NM 88202 Roswell, NM 88201 3. Anderson, Donald B; Roswell Artist-in- 19. Wright, Minnie Residence Foundation Inc 106 Tamerack Rd PO Box One Ruidoso, NM 88345 Roswell, NM 88202 20. Wright, Minnie 4. Elwell Revocable Trust; Don Jr & 10136 Newcastle Dr Barbara A Trustees El Paso, TX 79924 720-B S Sunset Ave 21. Mellgren, G M Sally Roswell, NM 88203 2202 Sena Rd 5. Dodson Wholesale Lumber Co, Inc Roswell, NM 88201 PO Box 1851 22. Johnson, SP III & B J Trust; P J C Roswell, NM 88202 Revocable Trust 6. Pool, Fred F III; Pool, Susan G PO Box 1713 PO Box 132 Roswell, NM 88202 Roswell, NM 88202 23. AC Roswell, LLC 7. Wilmink, John W 7620 N Harman LN Suite 106 1703 N Garden Ave Tucson, AZ 85743 Roswell, NM 88201 24, 25. New Mexico Military Institute; 8, 9, 10 Ridens, Janet W; Ridens, Thomas D Foundation Inc PO Box 3746 101 W College Blvd Roswell, NM 88202 Roswell, NM 88201 11. Griffith, James W; Griffith, Joyce D 26. Burrito Express, Inc 211 E College Blvd 1414 S Union Ave Apt C4 Roswell, NM 88201 Roswell, NM 88203 27. P T Productions Inc 12, 13. Jennings, Thomas E C/O Paul Taylor III PO Box 344 PO Box 1797 Roswell, NM 88202 Roswell, NM 88202 14. Amarrador, Judy Raymund 1901 N Garden Ave Roswell, NM 88201 15. Melton, Allen D; Melton, Rebecca J 521 E 19th St Roswell, NM 88201 EXHIBIT A: 17-018 VAR- APPLICATION EXHIBIT B: STAFF SUMMARY FOR CASE 17-018 (VAR) Page 1 of 3 EAST TWELFTH & RR Roswell Planning & Zoning Commission Tuesday, September 26, 2017 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 17-018 (VAR): Variance to allow for a temporary homeless facility Legal Description: Subd: NORTH SPRING RIVER Block: 16 Lot: S 1 THRU 7 LESS RIVER Quarter: NW S: 33 T: 10S R: 24E BK: 406 PG: 592 QCD Owner: City of Roswell Applicant: City of Roswell I. Site Address: 200 Block of E Twelfth St & RR (south side of street) II. Request: Requesting a Variance to allow for a temporary homeless facility III. Site data: Site Area: 1.10 acres UPC: 4136061096124000000 Existing Land Use: City of Roswell Parks and Recreation Vehicle and Equipment Yard & Maintenance Shop Proposed Land Use: Temporary homeless facility Existing Zoning: I-1 (Light Industrial District) Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Vacant lots I-1 South Hondo River and vacant lots I-1 East Vacant lots, Commercial/Industrial businesses I-2 West Roswell Community Theatre I-1 Planning & Zoning, 17-018 (VAR) Page 1 of 3 September 26, 2017 EXHIBIT B: STAFF SUMMARY FOR CASE 17-018 (VAR) Page 2 of 3 200 BLOCK E TWELFTH & RR * * Chaves County Assessor’s Map Zoning Map CASE 17-018 (VAR) CASE 17-018 (VAR) Planning & Zoning, 17-018 (VAR) Page 2 of 3 September 26, 2017 EXHIBIT B: STAFF SUMMARY FOR CASE 17-018 (VAR) Page 3 of 3 200 BLOCK E TWELFTH & RR IV. Intent of Petition: The applicant is requesting a Variance to allow for a temporary homeless facility in an I-1 (Light Industrial District) for a timeframe of no more than thirty (30) months. V. Land Use and Zoning Considerations: 1. The subject site is surrounded by vacant and underutilized industrial parcels. 2. The site has access to utilities and mass transit. 3. This variance is temporary with a timeframe of no more than thirty (30) months. VI. 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: Based on the Land Use and Zoning Considerations stated above, recommendation of approval VAR 17-018 (VAR) for a period of no more than thirty (30) months from the date of the approval. VIII. 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, 17-018 (VAR) Page 3 of 3 September 26, 2017 EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 17-018 (VAR) LETTER SENT VIA CERTIFIED MAIL ON SEPTEMBER 15, 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 SEPTEMBER 15, 2017 RE: PUBLIC HEARING NOTICE for ZONING CASE 17-018 VAR Application for Variance You have received this notice via certified mail because Chaves County Assessor information indicates you are a property owner of record within 100 feet of Planning & Zoning Case 17-018 VAR. The Applicant in this case is requesting a Variance from the Zoning Code to allow for a temporary homeless facility to be constructed on property located at the Southeast corner of East Twelfth Street and North Virginia Avenue for a period of no more than thirty (30) months. PROPERTY LOCATION: South side of East Twelfth Street abutting Rail Road Track and one block east of Virginia Avenue. LEGAL DESCRIPTION: Subd: NORTH SPRING RIVER Block: 16 Lot: S 1 THRU 7 LESS RIVER Quarter: NW S: 33 T: 10S R: 24E BK: 406 PG: 592 QCD PROPERTY OWNER: City of Roswell APPLICANT: City of Roswell CURRENT ZONING DISTRICT: I-1 The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, SEPTEMBER 26, 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.martinez@roswell-nm.gov. The information packet for this zoning case will be available after 1:00 p.m., on Wednesday, SEPTEMBER 20, 2017. You may inspect the information packet in detail at the Planning & Zoning Office located on the first floor of City Hall Annex at 415 North Richardson Avenue. The P&Z Packet may be viewed online at www.roswell-nm.gov. Copies of the information packet may be obtained from the Planning and Zoning Office at a cost of 35 cents per sheet. The City’s Zoning Ordinance is available online at: http://roswell-nm.gov/DocumentCenter/View/768 If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Respectfully, Miguel Martinez (Exhibit D: Area Map on Reverse Side ) Planning & Zoning Technician EXHIBIT D: CASE 17-018 (VAR) – CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR VARIANCE Legal Description: Subd: NORTH SPRING RIVER Block: 16 Lot: 8 LESS RIVER AND:- Lot: 9 THRU:- Lot: 14 ,,,,,, Quarter: NW S: 33 T: 10S R: 24E TOGETHER WITH A PORTION OF THE ADJACENT VACATED ELEVENTH STREET BK: 693 PG: 1586 WDJT AND PROPERTIES WITHIN NOTIFICATION AREA 7 6 5 4 3 2 1 8 11 9 10 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA EXHIBIT E: 17-017 VAR - LIST OF PROPERTY OWNERS NOTIFIED 17-018 MAILING LIST 1. City of Roswell PO Box 1838 Roswell, NM 88202 2. DETERMAN, DONALD J PO BOX 1332 ROSWELL, NM 88202 3, 4, 5, 6, 7, 8, 9. Schertz, Morris E; Schertz, Holly K 1407 S Sunset Ave Roswell, NM 88203 10, 11. Burlington Northern The & ; Santa Fe Railway Co PO Box 961089 Fort Worth TX 76161

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