Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, October 24, 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 September 26, 2017 P&Z Workshop Minutes F. Approval of the September 26, 2017 P&Z Regular Meeting Minutes G. Public Hearing Items 1. CASE 17-019 ZOC: A Request for a Change in Zoning from R-2 Residential Zoning District to R-3 Residential Zoning District; Legal Description: Subd: JOSE ALONSO NUNEZ SUMMARY PLAT Tract: A Quarter: SW S: 29 T: 10S R: 24E BK 738 PG 1527 WDJT (Owner: Jose A Nunez & Ayin H Nunez) Property Address: 1821 Cambridge Avenue. 2. CASE 17-020 ZOC: A Request for a Change in Zoning from R-2 Residential Zoning District to R-3 Residential Zoning District; Legal Description: Subd: JOSE ALONSO NUNEZ SUMMARY PLAT Tract: B Quarter: SW S: 29 T: 10S R: 24E BK 738 PG 1527 WDJT (Owner: Jose A Nunez & Ayin H Nunez) Property Address: 1822 N Michigan Avenue. 3. CASE 17-021 SUP: A Request for a Special Use Permit for Professional Office Subdivision in R-4 Residential Zoning District; Legal Description: Subd: COUNTRY CLUB ESTATES SUMMARY PLAT Tract: A (1.13 acres) Tract: B (.21 acres) Tract: C S: 30 T: 10S R: 24E BK 571 PG 1117 WD & COUNTRY CLUB ESTATES SUMMARY PLAT (Owner: Eden Land Development LP) Property Location: 1300 Block on south side of West Country Club Road and 2400 Block on west side of North Union-Montana Avenue. 4. CASE 17-022 VAR: A Request for a Variance from the Zoning Code to allow a carport to encroach into the south yard setback and a porch to encroach into the north yard setback of an existing accessory residential structure in the C-1 Neighborhood Commercial District. Legal Description: Subd: ALAMEDA HEIGHTS Block: 14 Lot: 4 S 50' BK 765 PG 615 WDJT (REC) (Owner: Juan E Laris & Cristina Laris) Property Address: 710 S Lea Avenue & 503 W Deming Street (residential structure). 5. PROPOSED TEXT AMENDMENTS TO THE CITY OF ROSWELL ZONING ORDINANCE FOR THE FOLLOWING: 1) TABLE OF CONTENTS - ADDITION OF RESERVED ARTICLES AND RE-NUMBERING 2) ARTICLE 4: DEFINITIONS 3) ARTICLE 29: HOME OCCUPATIONS 4) ARTICLE 16: C-2 COMMUNITY COMMERCIAL DISTRICT 5) ARTICLE 6: R-S RURAL SURBURBAN DISTRICT 6) ARTICLE 7: R-1 RESIDENTIAL DISTRICT H. Other Business I. Public Comments J. 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 17-49. 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: October 19, 2017 Planning & Zoning Commission Agenda 1 October 24, 2017  DRAFT FOR REVIEW & APPROVAL P&Z WORKSHOP MINUTES Tuesday, September 26, 2017 - 5:00 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 workshop meeting of the Planning & Zoning Commission was called to order at approximately 5:05 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 ABSENT Jesse McDaniel PRESENT Staff Members Present: Merideth Hildreth, AICP, Planning & Zoning Administrator Miguel Martinez, Planning & Zoning Technician William Morris, AICP, CZO, Planning Manager Louis Najar, P.E., Director of Planning & Zoning Aaron Holloman, City Attorney Planning & Zoning Commission September 26, 2017 Workshop Minutes Page 1 of 2  C. WORKSHOP BUSINESS Commissioners and Staff discussed the following: o Definitions of Townhome and Triplex. o Zoning Ordinance Article 23 Section 5 governing “Exceptions to front yard setbacks” regarding unenclosed carports. o Automotive Service Station in the C-2 District. o Home Occupation Article regarding work trucks and trailers. FOR THE RECORD, Commissioner Taylor joined the meeting at 5:20 p.m. D. ADJOURN The meeting adjourned at 5:49 p.m. Planning & Zoning Commission September 26, 2017 Workshop Minutes Page 2 of 2  DRAFT FOR REVIEW & APPROVAL 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 Planning & Zoning Commission September 26, 2017 Minutes Page 3 of 9  Peggy Roberson 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 EXHIBIT A: APPLICATION FOR CASE 17-019 ZOC  EXHIBIT B: STAFF SUMMARY FOR CASE 17-019 (ZOC) 1821 CAMBRIDGE AVE (Page 1 of 6) Roswell Planning & Zoning Commission Tuesday, October 24, 2017 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 17-019 (ZOC): A Request for Zone Change from R-2 to R-3 I. Property Information: Property Location: 1821 Cambridge Avenue Legal Description: Subd: JOSE ALONSO NUNEZ SUMMARY PLAT Tract: A Quarter: SW S: 29 T: 10S R: 24E BK 738 PG 1527 WDJT Owner: Jose A Nunez & Ayin H Nunez Request: Request for a change in zoning from R-2 (Residential District) to R-3 (Residential District) II. Site Data: Site Area: 12,201 square feet: (Frontage 97.61 feet / Depth 125.0 feet) UPC: 4135060215274000000 Existing Land Use: Vacant Land Proposed Land Use: Triplex or Fourplex Existing Zoning: R-2 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Military Heights Elementary School R-1 South Single Family Units R-2 East Vacant Land (Case 17-020 ZOC under consideration for R-3) R-2 West Single Family Residential R-2 Planning & Zoning, 17-019 ZOC Page 1 of 6 October 24, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-019 (ZOC) 1821 Cambridge Avenue (Page 2 of 6) Chaves County Assessor’s Map  Zoning Map – 17-019 (ZOC)  Planning & Zoning, 17-019 ZOC Page 2 of 6 October 24, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-019 (ZOC) 1821 Cambridge Avenue (Page 3 of 6) III. Intent of Petition: The owner of the residential property at 1821 Cambridge Avenue is requesting a zone change from R-2 to R-3 in order to construct a triplex or fourplex for rental purposes. IV. Land Use and Zoning Considerations: 1. The 12,201 square foot parcel is located on the south side of West Nineteenth Street which is designated as a Major Collector in the Functional Street Classification Plan. 2. The property under consideration is surrounded by single-family residential property zoned R-2 (Residential) on the east, west and south. Across the street, Military Heights Elementary School is located on the north side of Nineteenth Street and is zoned R-1 as is the subdivision adjacent to and east of the school property. The nearest R-3 zoned property is located on the east side of North Washington Avenue and on the east side of North Union Avenue between Union and the alley. Aldersgate Methodist Church is located on property zoned R-3 located on the north side of Nineteenth Street between Kansas Avenue and Union Avenue. 3. One block to the west, there is a two-story duplex located at 1821 North Kansas Avenue. A duplex is a use by right on this 75’ X 130’ lot. This duplex is on an interior lot. The rest of the housing in the neighborhood appears to be single-family. (Google Earth Image Date 3/13) 4. The R-2 Zoning District allows single-family, duplexes (two attached units on one lot), and Townhomes (attached units on individual lots) by right. The R-3 Zoning District allows by right the uses allowed by right in R-2 plus “multiple family dwellings with no more than 12 dwelling units per net acre for single story and 24 dwelling units per net acre for 2 story dwellings” as well as Assisting living homes under Articles 8 and 9 of the Zoning Ordinance. The Zoning Ordinance Article governing Development Standards specifies that in the R-2 Zoning District, a single family residence requires a minimum lot size of 5,000 square feet, and a duplex requires 4,000 square feet per dwelling unit. The R-3 Zoning District requires 4,500 square feet minimum lot size for a single family residence, 3,500 square feet for duplex per unit, and 3,000 square feet per unit for multifamily. The 96.71’ X 125.00’ property under consideration is a 12,201 square foot lot according to the Chaves County Assessor information. Under the R-2 Zoning designation, this property can accommodate a single family home or a duplex without subdividing the lot. An R-3 Zoning designation would allow higher density multi-family development on the property, each unit requiring a minimum of 3,000 square foot of lot area per unit. Planning & Zoning, 17-019 ZOC Page 3 of 6 October 24, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-019 (ZOC) 1821 Cambridge Avenue (Page 4 of 6) 5. This lot under consideration is a corner lot. A corner lot in R-2 requires a twenty-five foot (25’) street side yard setback. A corner lot in R-3 requires a twenty foot (20’) street side yard setback. 6. Curb cuts and drive pads are not allowed on Collectors or Arterials. All curb cuts and driveways must be on Cambridge Avenue. The curb cut for the driveway may be no closer than twenty-five feet (25’) from the curb return. The curb cut must be a minimum of two feet away from the south property line (interior lot line). 7. Currently, there is a “no parking” area twenty-five feet (25’) in length on the southeast corner of Cambridge Avenue and Nineteenth Street due to the school zone. 8. Each residential unit is required to have a minimum of two (2) off-street parking spaces. If the parking spaces are side-by-side, a duplex would require thirty-six feet (36’) of drive pad width. A triplex would require a fifty-four foot (54’) drive pad. The frontage width of this 96.71’ foot lot can accommodate a drive pad that is no greater than sixty-seven feet (67’) long. A curb cut longer than forty feet (40’) requires the City Engineer’s approval. 9. There are several vacant parcels in this neighborhood between Union Avenue, Washington Avenue, Nineteenth Street and Eighteenth Street. Many existing structures are smaller homes built in the 1940s and 1950s. There are homes that have been maintained or improved over time, and a number of homes that have not been maintained or appear dilapidated. A few homes may be architecturally significant from the period in which they were built. A majority of the homes are not considered historically nor architecturally significant. Due to the age and construction of many of the homes and the numerous vacant parcels, this neighborhood could be considered blighted. 10. Infill redevelopment that is compatible in nature and use with the surrounding area is generally encouraged. 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, 17-019 ZOC Page 4 of 6 October 24, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-019 (ZOC) 1821 Cambridge Avenue (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. There are no contiguous R-3 zoned properties. The lot across the alley with the address of 1822 N Michigan Avenue is also under consideration for a zone change from R-2 to R-3 (Zoning Case 17-020.) If one or both lots are rezoned from R-2 to R-3, the rezoning may constitute “spot zoning.” 5. The rezoning request is not compatible with surrounding land uses. However, development of this lot with a duplex or higher density is compatible with the Goals and Objectives in the City of Roswell 2016 Comprehensive Master Plan (see number 8 below.) 6. City of Roswell 2016 Comprehensive Master Plan “Preferred Land Use Scenario” indicates higher Residential densities in this area. 7. According to City of Roswell 2016 Comprehensive Master Plan (Adopted July 14, 2016: Ordinance 16-17), the “R-3 District is intended for medium density residential uses” (nine dwelling units per acre). 8. Page 64 of the City of Roswell 2016 Comprehensive Master, 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.” “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. 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. Planning & Zoning, 17-019 ZOC Page 5 of 6 October 24, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-019 (ZOC) 1821 Cambridge Avenue (Page 6 of 6) 10. 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.” 11. As of the time of this writing, there have been zero (0) written and one (1) verbal protest and one (1) inquiry for the P&Z Packet received by the Planning & Zoning Office. 12. At the time of writing of this packet, the property owner had not submitted a more detailed conceptual plan. The City Planning & Zoning Staff requested a conceptual site plan to better evaluate the zoning request. 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 2016 Comprehensive Master Plan and the City of Roswell Affordable Housing Plan, Staff is supportive of the development of this parcel with a duplex, which is a use-by-right in the R-2 District. However, Staff is concerned that changing the zoning to R-3 and increasing the density of this corner parcel and the corner parcel under consideration in Zoning Case 17-020 ZOC directly across from an elementary school may potentially result in increased traffic congestion and safety concerns for school generated pedestrian and vehicular traffic. Also, constructing a higher density project on a corner lot with the required street side yard setback reduces the amount of living space that can be developed per unit. Additionally, approval of this request would result in de facto “spot zoning.” 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 Land Use and Zoning Considerations, Findings of Fact and testimony and material introduced at the hearing. Planning & Zoning, 17-019 ZOC Page 6 of 6 October 24, 2017  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 17-019 (ZOC) LETTER SENT VIA CERTIFIED MAIL ON OCTOBER 6, 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 17-019 (ZOC) Applications for Change in Zoning 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 17-019 ZOC. PROPERTY OWNER: Jose Nunez & Ayin Nunez PROPERTY LOCATION: 1821 Cambridge Avenue LEGAL DESCRIPTION: Subd: JOSE ALONSO NUNEZ SUMMARY PLAT Tract: A Quarter: SW S: 29 T: 10S R: 24E BK 738 PG 1527 WDJT CURRENT ZONING DISTRICT: R-3 DESCRIPTION OF ZONING APPLICATION REQUEST: A Request for a Change in Zoning from R-2 Residential Zoning District to R-3 Residential Zoning District in order to build a triplex or fourplex. The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, OCTOBER 24, 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, October 18, 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 page. The City’s Zoning Ordinance is available online at: https://library.municode.com/nm/roswell/codes/code_of_ordinances?nodeId=COOR_APXAZO. 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: CASE 17-019 (ZOC) – CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR SPECIAL USE PERMIT Legal Description: Subd: JOSE ALONSO NUNEZ SUMMARY PLAT Tract: A Quarter: SW S: 29 T: 10S R: 24E BK 738 PG 1527 WDJT 1821 CAMBRIDGE AVENUE AND PROPERTIES WITHIN 100’ NOTIFICATION AREA 11 10 1 2 9 4 8 6 3 4 4 7 5 4 4 4 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA  EXHIBIT E: 17-019 Z0C FOR 1821 CAMBRIDGE AVE- LIST OF PROPERTY OWNERS NOTIFIED 1&2 JOSE & AYIN NUNEZ 7300 VALLEY CANTERO LN NW ALBUQUERQUE, NM 87114-6415 3 KURT GASS OR OWNER 1818 N MICHIGAN AVE ROSWELL, NM 88201 4 VICTOR & SOCORRO RUIZ 1200 HALL DRIVE ROSWELL, NM 88201 (FOR 1816 N MICHIGAN AVE) 5 ROBERTO VALERO & ALMA ENRIQUEZ 1719 N LEA AVE ROSWELL, NM 88201 (FOR 1817 CAMBRIDGE AVE) 6 MARTIN RENTERIA PO BOX 3092 ROSWELL, NM 88202-3092 (FOR 1819 CAMBRIDGE AVE) 7 JOSE LUIS AGUILAR & SANDRA CALVILLO OR OWNER 1816 CAMBRIDGE AVE ROSWELL, NM 88201 8 LUIS GERARDO AGUIRRE & OLGA AGUIRRE OR OWNER 1818 CAMBRIDGE AVE ROSWELL, NM 88201 9 ARABELLA HORTON OR OWNER 1820 CAMBRIDGE AVE ROSWELL, NM 88201 10 LORETTA HALL BOYD 7707 FOREST DREAM LIVEOAK, TX 78233 (FOR 1822 CAMBRIDGE AVE) 11 OFFICE OF THE SUPERINTENDENT ROSWELL INDEPENDENT SCHOOL DISTRICT PO BOX 1437 ROSWELL, NM 88202 EXHIBIT A: APPLICATION FOR CASE 17-020 ZOC  EXHIBIT B: STAFF SUMMARY FOR CASE 17-020 (ZOC) 1822 N MICHIGAN AVE (Page 1 of 6) Roswell Planning & Zoning Commission Tuesday, October 24, 2017 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 17-020 (ZOC): A Request for Zone Change from R-2 to R-3 I. Property Information: Property Location: 1822 N Michigan Avenue Legal Description: Subd: JOSE ALONSO NUNEZ SUMMARY PLAT Tract: B Quarter: SW S: 29 T: 10S R: 24E BK 738 PG 1527 WDJT Owner: Jose A Nunez & Ayin H Nunez Request: Request for a change in zoning from R-2 (Residential District) to R-3 (Residential District) II. Site Data: Site Area: 12,147 square feet: (Frontage 97.43 feet / Depth 125.0 feet) UPC: 4135060230274000000 Existing Land Use: Vacant Land Proposed Land Use: Triplex or Fourplex Existing Zoning: R-2 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Military Heights Elementary School R-1 South Single Family Units R-2 East Single Family Residential Unit and Vacant Residential Lot R-2 West Vacant Land (Case 17-019 ZOC under consideration for R-3) R-2 Planning & Zoning, 17-020 ZOC Page 1 of 6 October 24, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-020 (ZOC) 1822 N MICHIGAN AVE (Page 2 of 6) Chaves County Assessor’s Map  Zoning Map – 17-020 (ZOC)  Planning & Zoning, 17-020 ZOC Page 2 of 6 October 24, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-020 (ZOC) 1822 N MICHIGAN AVE (Page 3 of 6) III. Intent of Petition: The owner of the residential property at 1822 N Michigan Avenue is requesting a zone change from R-2 to R-3 in order to construct a triplex or fourplex for rental purposes. IV. Land Use and Zoning Considerations: 1. The 12,147 square foot parcel is located on the south side of West Nineteenth Street which is designated as a Major Collector in the Functional Street Classification Plan. 2. The property under consideration is surrounded by single-family residential property zoned R-2 (Residential) on the east, west and south. Across the street, Military Heights Elementary School is located on the north side of Nineteenth Street and is zoned R-1 as is the subdivision adjacent to and east of the school property. The nearest R-3 zoned property is located on the east side of North Washington Avenue and on the east side of North Union Avenue between Union and the alley. Aldersgate Methodist Church is located on property zoned R-3 located on the north side of Nineteenth Street between Kansas Avenue and Union Avenue. 3. One block to the west, there is a two-story duplex located at 1821 North Kansas Avenue. A duplex is a use by right on this 75’ X 130’ lot. This duplex is on an interior lot. The rest of the housing in the neighborhood appears to be single-family. (Google Earth Image Date 3/13) 4. The R-2 Zoning District allows single-family, duplexes (two attached units on one lot), and Townhomes (attached units on individual lots) by right. The R-3 Zoning District allows by right the uses allowed by right in R-2 plus “multiple family dwellings with no more than 12 dwelling units per net acre for single story and 24 dwelling units per net acre for 2 story dwellings” as well as Assisting living homes under Articles 8 and 9 of the Zoning Ordinance. The Zoning Ordinance Article governing Development Standards specifies that in the R-2 Zoning District, a single family residence requires a minimum lot size of 5,000 square feet, and a duplex requires 4,000 square feet per dwelling unit. The R-3 Zoning District requires 4,500 square feet minimum lot size for a single family residence, 3,500 square feet for duplex per unit, and 3,000 square feet per unit for multifamily. The 96.43’ X 125.00’ property under consideration is a 12,147 square foot lot according to the Chaves County Assessor information. Under the R-2 Zoning designation, this property can accommodate a single family home or a duplex without subdividing the lot. An R-3 Zoning designation would allow higher density multi-family development on the property, each unit requiring a minimum of 3,000 square foot of lot area per unit. Planning & Zoning, 17-020 ZOC Page 3 of 6 October 24, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-020 (ZOC) 1822 N MICHIGAN AVE (Page 4 of 6) 5. This lot under consideration is a corner lot. A corner lot in R-2 requires a twenty-five foot (25’) street side yard setback. A corner lot in R-3 requires a twenty foot (20’) street side yard setback. 6. Curb cuts and drive pads are not allowed on Collectors or Arterials. All curb cuts and driveways must be on Michigan Avenue. The curb cut for the driveway may be no closer than twenty-five feet (25’) from the curb return. The curb cut must be a minimum of two feet away from the south property line (interior lot line). 7. Currently, there is a “no parking” area twenty-five feet (25’) in length on the southwest corner of Michigan Avenue and Nineteenth Street due to the school zone and fire hydrant location. 8. Each residential unit is required to have a minimum of two (2) off-street parking spaces. If the parking spaces are side-by-side, a duplex would require thirty-six feet (36’) of drive pad width. A triplex would require a fifty-four foot (54’) drive pad. The frontage width of this 96.43’ foot lot can accommodate a drive pad that is no greater than sixty-seven feet (67’) long. A curb cut longer than forty feet (40’) requires the City Engineer’s approval. 9. There are several vacant parcels in this neighborhood between Union Avenue, Washington Avenue, Nineteenth Street and Eighteenth Street. Many existing structures are smaller homes built in the 1940s and 1950s. There are homes that have been maintained or improved over time, and a number of homes that have not been maintained or appear dilapidated. A few homes may be architecturally significant from the period in which they were built. A majority of the homes are not considered historically nor architecturally significant. Due to the age and construction of many of the homes and the numerous vacant parcels, this neighborhood could be considered blighted. 10. Infill redevelopment that is compatible in nature and use with the surrounding area is generally encouraged. 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, 17-020 ZOC Page 4 of 6 October 24, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-020 (ZOC) 1822 N MICHIGAN AVE (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. There are no contiguous R-3 zoned properties. The lot across the alley with the address of 1822 N Michigan Avenue is also under consideration for a zone change from R-2 to R-3 (Zoning Case 17-020.) If one or both lots are rezoned from R-2 to R-3, the rezoning may constitute “spot zoning.” 5. The rezoning request is not compatible with surrounding land uses. However, development of this lot with a duplex or higher density is compatible with the Goals and Objectives in the City of Roswell 2016 Comprehensive Master Plan (see number 8 below.) 6. City of Roswell 2016 Comprehensive Master Plan “Preferred Land Use Scenario” indicates higher Residential densities in this area. 7. According to City of Roswell 2016 Comprehensive Master Plan (Adopted July 14, 2016: Ordinance 16-17), the “R-3 District is intended for medium density residential uses” (nine dwelling units per acre). 8. Page 64 of the City of Roswell 2016 Comprehensive Master, 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.” “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. 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. Planning & Zoning, 17-020 ZOC Page 5 of 6 October 24, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-020 (ZOC) 1822 N MICHIGAN AVE (Page 6 of 6) 10. 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.” 11. As of the time of this writing, there have been zero (0) written and one (1) verbal protest and one (1) inquiry for the P&Z Packet received by the Planning & Zoning Office. 12. At the time of writing of this packet, the property owner had not submitted a more detailed conceptual plan. The City Planning & Zoning Staff requested a conceptual site plan to better evaluate the zoning request. 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 2016 Comprehensive Master Plan and the City of Roswell Affordable Housing Plan, Staff is supportive of the development of this parcel with a duplex, which is a use-by-right in the R-2 District. However, Staff is concerned that changing the zoning to R-3 and increasing the density of this corner parcel and the corner parcel under consideration in Zoning Case 17-019 ZOC directly across from an elementary school may potentially result in increased traffic congestion and safety concerns for school generated pedestrian and vehicular traffic. Also, constructing a higher density project on a corner lot with the required street side yard setback reduces the amount of living space that can be developed per unit. Additionally, approval of this request would result in de facto “spot zoning.” 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 Land Use and Zoning Considerations, Findings of Fact and testimony and material introduced at the hearing. Planning & Zoning, 17-020 ZOC Page 6 of 6 October 24, 2017  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 17-020 (ZOC) LETTER SENT VIA CERTIFIED MAIL ON OCTOBER 6, 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 17-020 ZOC Applications for Change in Zoning 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 17-020 ZOC. PROPERTY OWNER: Jose Nunez & Ayin Nunez PROPERTY LOCATION: 1822 N Michigan Avenue LEGAL DESCRIPTION: Subd: JOSE ALONSO NUNEZ SUMMARY PLAT Tract: B Quarter: SW S: 29 T: 10S R: 24E BK 738 PG 1527 WDJT CURRENT ZONING DISTRICT: R-3 DESCRIPTION OF ZONING APPLICATION REQUEST: A Request for a Change in Zoning from R-2 Residential Zoning District to R-3 Residential Zoning District in order to build a triplex or fourplex. The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, OCTOBER 24, 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, October 18, 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 page. The City’s Zoning Ordinance is available online at: https://library.municode.com/nm/roswell/codes/code_of_ordinances?nodeId=COOR_APXAZO. 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: CASE 17-020 (ZOC) – CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR SPECIAL USE PERMIT Legal Description: Subd: JOSE ALONSO NUNEZ SUMMARY PLAT Tract: B Quarter: SW S: 29 T: 10S R: 24E BK 738 PG 1527 WDJT 1822 N MICHIGAN AVENUE AND PROPERTIES WITHIN 100’ NOTIFICATION AREA 12 2 4 3 1 11 4 4 4 10 8 5 4 9 7 6 4 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA  EXHIBIT E: 17-020 Z0C FOR 1822 N MIGHICAN AVE- LIST OF PROPERTY OWNERS NOTIFIED 1 & 11 12 JOSE & AYIN NUNEZ OFFICE OF THE SUPERINTENDENT 7300 VALLEY CANTERO LN NW ROSWELL INDEPENDENT SCHOOL DISTRICT ALBUQUERQUE, NM 87114-6415 PO BOX 1437 ROSWELL, NM 88202 2 JOHN & KIMBERLY BUCKMISTER 3 JEMEZ CT ROSWELL, NM 88201 3 GERARDO A SANCHEZ 1823 N MICHIGAN AVE ROSWELL, NM 88201 4 AARON & CYNTHIA TRUJILLO 1526 N KANSAS ROSWELL, NM 88201 (FOR 1821 N MICHIGAN) 5 BARGER PARTNERSHIP 102 COUNTY RD 306 UNIT A-1 SEMINOLE, TX 79360-5998 (FOR 1819 N MICHIGAN AVE) 6 SEBI, INC PO BOX 901 DEXTER, NM 88230 (FOR 1817 N MICHIGAN AVE) 7 VICTOR & SOCORRO RUIZ 1200 HALL DRIVE ROSWELL, NM 88201 (FOR 1816 N MICHIGAN AVE) 8 KURT GASS OR OWNER 1818 N MICHIGAN AVE ROSWELL, NM 88201 9 ROBERTO VALERO & ALMA ENRIQUEZ 1719 N LEA AVE ROSWELL, NM 88201 (FOR 1817 CAMBRIDGE AVE) 10 MARTIN RENTERIA PO BOX 3092 ROSWELL, NM 88202-3092 (FOR 1819 CAMBRIDGE AVE) EXHIBIT A: APPLICATION FOR CASE 17-021 SUP  EXHIBIT B: STAFF SUMMARY FOR CASE 17-021 (SUP) 1300 W COUNTRY CLUB (Page 1 of 7) Roswell Planning & Zoning Commission Tuesday, October 24, 2017 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 17-021 (SUP): A REQUEST FOR A SPECIAL USE PERMIT I. PROPERTY INFORMATION: Property Location: 1300 W COUNTRY CLUB Legal Description: Subd: COUNTRY CLUB ESTATES SUMMARY PLAT Tract: C S: 30 T: 10S R: 24E BK: 571 PG: 1117 WD COUNTRY CLUB ESTATES SUMMARY PLAT Tract: A S: 30 T: 10S R: 24E BK: 571 PG: 1117 WD (1.13 acres in the area of the 2400 Block on the west side of North Union Avenue) COUNTRY CLUB ESTATES SUMMARY PLAT Tract: B S: 30 T: 10S R: 24E BK: 571 PG: 1117 WD (CORR) (.21 acres) Owner: Eden Land Development Agent: Todd Wagener Request: Request for a Special Use Permit for a Professional Office Subdivision in R-4 Residential Zoning District. II. Site Data: 6.16 +/- Acre Area for Special Use Permit Request All of Tract C = 4.76 acres UPC: 4134060524020000000 Portion of Tract B = .21 acres UPC: 4134060493045000000 Portion of Tract A = 1.13 acres UPC: 4134060538058000000 Existing Land Use: Vacant Proposed Land Use: Professional Office Subdivision Existing Zoning: R-4 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Peachtree Village Retirement Apartments R-3 & ETZ South Vacant Land (Portions of Tract A and B) R-4 East Place of Worship - First Assembly of God R-1 West Vacant Tract R-4 Planning & Zoning, 17-021 SUP Page 1 of 7 October 24, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-021 (SUP)  1300 W COUNTRY CLUB (Page 2 of 7) TRACT C TRACT B TRACT A Chaves County Assessor’s Map Zoning Map –17-021 (SUP) Planning & Zoning, 17-021 SUP Page 2 of 7 October 24, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-021 (SUP) 1300 W COUNTRY CLUB (Page 3 of 7) III. Intent of Petition: The owner of the property zoned R-4 located on the southwest corner of the intersection of West Country Club Road and North Union-Montana Avenue is seeking a Special Use Permit in order to build a new Professional Office Subdivision. IV. Land Use and Zoning Considerations: 1. The 6.16 acre area under consideration for a Special Use Permit is currently vacant and zoned R-4 (Residential Zoning District). 2. Under Zoning Ordinance Article 10: R-4 Residential District Section 2: Use Regulations B. Special Uses 2. Professional offices not exceeding 15,000 square feet in gross floor area, where an additional 10% landscaping may be provided, and side yard setbacks on interior lot lines may be no less than 10 feet. (Professional Offices are allowed in the R-4 District with a Special Use Permit.) Planning & Zoning, 17-021 SUP Page 3 of 7 October 24, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-021 (SUP) 1300 W COUNTRY CLUB (Page 4 of 7) 3. Country Club Road and Union-Montana Avenue are both classified as Minor Arterials in the Functional Street Classification Plan. 4. The proposed southern boundary of the southernmost proposed lot for Professional Office is approximately one-hundred eighty feet (180’) from the northern boundary line of the alley abutting Sorrento Subdivision’s northern boundary. 5. The proposed “Site Plan of Proposed Professional Office Complex” of the area under consideration for a Special Use Permit shows six (6) lots for Professional Office development. Planning & Zoning, 17-021 SUP Page 4 of 7 October 24, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-021 (SUP) 1300 W COUNTRY CLUB (Page 5 of 7) 6. Concept Plan for Phase I (Professional Office Subdivision) and Phase 2 (Residential Subdivision) shows a proposed twenty-five foot (25’) wide alley adjacent to the western boundary of Tract B under Phase 2. Below the Proposed Professional Office Subdivision is a concept to create a subdivision with eighteen (18) residential lots. The proposed residential subdivision will abut Sorrento Subdivision north of an existing alley. The proposed Phase 2 Residential Subdivision will serve as a buffer between the existing residential R-4 Sorrento Subdivision and the proposed Phase I Professional Office Subdivision. Planning & Zoning, 17-021 SUP Page 5 of 7 October 24, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-021 (SUP) 1300 W COUNTRY CLUB (Page 6 of 7) 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 protests and one (1) written letter of support received by the Planning & Zoning Office. 5. City of Roswell 2016 Comprehensive Master Plan “Preferred Land Use Scenario” indicates higher Residential densities for this area. 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 Case 17-021 for a Special Use Permit to allow a 6.16 +/- acre Professional Office Subdivision in the R-4 Zoning District with the provision that the on-site development pattern be reconfigured to increase detention and landscaping along the frontage of Country Club Road and Union-Montana Avenue, construct the office buildings closer to the front property lines with a twenty foot (20’) minimum front yard setback if requested through a variance with submission of the plat, and place shared parking areas in the rear yards and locations on the property that meet approval by City Staff upon development review. GRAPHIC A: STANDARD LAYOUT GRAPHIC B: PREFERRED LAYOUT Planning & Zoning, 17-021 SUP Page 6 of 7 October 24, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-021 (SUP) 1300 W COUNTRY CLUB (Page 7 of 7) 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 Special Use Permit. Planning & Zoning, 17-021 SUP Page 7 of 7 October 24, 2017  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 17-021 (SUP) LETTER SENT VIA CERTIFIED MAIL ON OCTOBER 6, 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 17-021 SUP Applications for Change in Zoning 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 17-021 SUP. PROPERTY OWNER: Eden Land Development LP AGENT: Wagener Engineering (Todd Wagener) PROPERTY LOCATION: 1300 Block on south side of West Country Club Road and 2400 Block on west side of North Union Avenue. LEGAL DESCRIPTION: Subd: : COUNTRY CLUB ESTATES SUMMARY PLAT Tract: C S: 30 T: 10S R: 24E BK 571 PG 1117 WD; COUNTRY CLUB ESTATES SUMMARY PLAT Tract: B S: 30 T: 10S R: 24E BK 571 PG 1117 WD (CORR); & COUNTRY CLUB ESTATES SUMMARY PLAT Tract: A S: 30 T: 10S R: 24E BK: 571 PG: 1117 WD CURRENT ZONING DISTRICT: R-4 DESCRIPTION OF ZONING APPLICATION REQUEST: A Request for a Special Use Permit for Professional Office Subdivision in R-4 Residential Zoning District The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, OCTOBER 24, 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, October 18, 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 page. The City’s Zoning Ordinance is available online at: https://library.municode.com/nm/roswell/codes/code_of_ordinances?nodeId=COOR_APXAZO. 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: CASE 17-021 (SUP) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR SPECIAL USE PERMIT AND PROPERTIES WITHIN NOTIFICATION AREA 6 5 7 4 1 8 2 3 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA  EXHIBIT E: 17-021 SUP LIST OF PROPERTY OWNERS NOTIFIED 1,2,3,8 EDEN LAND DEVELOPMENT, LP 526 KINGWOOD DR, STE 344 KINGWOOD TX 77339 4. FIRST ASSEMBLY OF GOD PO BOX 1993 ROSWELL, NM 88202 5. GWARTNEY, BRUCE; GWARTNEY, GINGER 512 S MAIN ST ROSWELL, NM 88203 6. CSL – ROSWELL, LLC 1580 VALLEY RIVER DR STE 260 EUGENE, OR 97401 7. P T PRODUCTIONS INC PO BOX 344 ROSWELL, NM 88202 EXHIBIT A 17-022 VAR  EXHIBIT B: STAFF SUMMARY FOR CASE 17-022 (VAR) 503 W DEMING ST (Page 1 of 5) Roswell Planning & Zoning Commission Tuesday, October 24, 2017 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 17-022 (VAR): A REQUEST FOR A VARIANCE Property Location: 503 W DEMING ST Legal Description: Subd: ALAMEDA HEIGHTS Block: 14 Lot: 4 S 50’ BK 765 PG 615 WDJT (REC) Owner: Juan and Cristina Laris Agent: Carlos Laris Request: Request for a Variance to allow a carport to encroach in the south yard setback and a porch to encroach in the north yard setback II. Site Data: Site Area: 6980 ± square feet UPC: 4135062357427000000 Existing Land Use: Hair Salon with Accessory Single Family Residential Structure (one story) Proposed Land Use: Hair Salon with Accessory Single Family Residential Structure with carport Existing Zoning: C-1 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Single Family Residential C-1 South Vacant Lot R-3 and R-1 East Single Family Residential C-1 West Single Family Residential R-2 Planning & Zoning, 17-022 VAR Page 1 of 5 October 24, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-022 (VAR)  503 W Deming St (Page 2 of 5) Chaves County Assessor’s Map Zoning Map for 17-022 (VAR) Planning & Zoning, 17-022 VAR Page 2 of 5 October 24, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-022 (VAR) 503 W DEMING ST (Page 3 of 5) III. Intent of Petition: The owner of the commercial property at 503 West Deming Street is requesting a variance to allow a 14’x24’ carport to encroach on the south side yard setback and to allow a 4 ½’ x 24’ porch to encroach on the north side yard setback on an accessory living structure. IV. Land Use and Zoning Considerations: 1. The property is zoned as C-1 (Neighborhood Commercial District) which contains a Hair Salon as a primary structure and an accessory living structure in the rear property setback. 2. The accessory living structure faces West Deming Street and is located approximately fifteen (15) feet from the south property line and approximately twelve (12) feet from the north property. 3. Property to the north is also zoned C-1. Side yard setback is not required except where the side lot line abuts a residential zoning district or an adjacent street. 4. The neighboring lot to the west also has a carport that encroaches in the front yard setback approximately six (6) feet from front property line. Image Date: Google Earth Pro 3/27/2010 5. The following site plan shows an approximate distance of fourteen feet (14’) between the curb and the sidewalk. The property line is approximately twenty-two feet (22’) behind the curb. Planning & Zoning, 17-022 VAR Page 3 of 5 October 24, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-022 (VAR) 503 W DEMING ST (Page 4 of 5) 3’ between sidewalk & property line Sidewalk 14’ Area between Curb & Sidewalk Deming Street Planning & Zoning, 17-022 VAR Page 4 of 5 October 24, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-022 (VAR) 503 W DEMING ST (Page 5 of 5) 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 protests and one (1) written letter of support received by the Planning & Zoning Office. VI. Staff Recommendation: Based on the findings of fact, the nature of the proposed land use consideration, the surrounding land uses and zoning districts, and the regulations established in the Zoning Ordinance, Staff recommends approval of Zoning Case 17-022 to allow a variance for the carport and porch. If the request for a variance to allow the carport and the porch is approved, the Applicant shall: Apply for a Building Permit and pass all inspections. 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, 17-022 VAR Page 5 of 5 October 24, 2017  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 17-022 (VAR) LETTER SENT VIA CERTIFIED MAIL ON OCTOBER 6, 2017 TO SURROUNDING PROPERTY OWNERS City of Roswell Planning & Engineering Department Planning & Zoning Office PO Box 1838 Roswell, NM 88202-1838 Telephone: (575)637-6294 Fax: (575) 624-6820 October 6, 2017 RE: PUBLIC HEARING NOTICE for ZONING CASE 17-022 VAR Application for a Zoning Variance You have received this notice via certified mail because Chaves County Assessor information indicates you are a property owner of record within 100 feet of Planning & Zoning Case 17-022 VAR. The Property Owner in this case is requesting a Variance to allow a carport to encroach in the South Yard Setback and a porch to encroach in the North Yard Setback. PROPERTY LOCATION: 503 West Deming LEGAL DESCRIPTION: Subd: ALAMEDA HEIGHTS Block: 14 Lot: 4 S 50’ BK 76 PG 615 WDJT (REC) OWNER OF PROPERTY: Juan and Cristina Laris AGENT: Carlos Laris ZONING DISTRICT: C-1 The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, OCTOBER 24, 2017 at 6:00 p.m., in the Bassett Auditorium at the Roswell Museum and Art Center, located at 100 West 11th Street. You are entitled, although not obligated, to comment either in writing to our office or in person at the hearing. To be considered, written protests must be submitted to the Planning and Zoning Office no later than noon on the working day prior to the Planning and Zoning Commission meeting. Providing written input to the Planning and Zoning Office at least seven days prior to the hearing will allow your concerns to be addressed in the Staff Report. Written comments may be delivered to the Planning & Zoning Office at 415 North Richardson Avenue, or sent to: City of Roswell, Zoning Administrator, PO BOX 1838, Roswell, NM 88202-1838 or via email to m.hildreth@roswell-nm.gov or submitted in person to the Planning & Zoning Office. The information packet for this zoning case will be available after 1:00 p.m., on Wednesday, October 18, 2017. You may inspect the information packet in detail at the Planning & Zoning Office located on the first floor of City Hall Annex at 415 North Richardson Avenue. The P&Z Packet may be viewed online at www.roswell-nm.gov. Copies of the information packet may be obtained from the Planning and Zoning Office at a cost of 35 cents per sheet. The City’s Zoning Ordinance is available online at: http://roswell-nm.gov/DocumentCenter/View/768 If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Respectfully, Miguel Martinez Miguel Martinez (Area Map on Reverse Side ) Planning & Zoning Technician EXHIBIT D: CASE 17-022 (VAR) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR VARIANCE AND PROPERTIES WITHIN NOTIFICATION AREA 3 4 12 2 6 5 1 7 8 9 10 11 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA  EXHIBIT E: 17-022 VAR LIST OF PROPERTY OWNERS NOTIFIED 1. LARIS, JUAN E; LARIS, CRISTINA 11. SUMMERS, DANIEL A JR 1014 S LEA AVE 932 E EDISON ST ROSWELL, NM 88203 TUCSON, AZ 85719 2. GARZA, JUAN JR 12. AA&S INC 3003 RIVERSIDE DR 12066 SINGING WINDS ST ROSWELL, NM 88201 PARKER, CO 80138 3. DI PONZIO, JOHN T 55 MAIN ST BLACKSTONE, MA 01504 4. BOULOUS, ELLIOTT J 709 S MISSOURI AVE ROSWELL, NM 88203 5. STEPHENS, HORTENCIA B R 800 CAMINISITO ST ROSWELL, NM 88201 6. GARCIA, LUIS RUBEN & VERONICA RT 1 BOX 228 ROSWELL, NM 88201 7. ELLIOTT REVOCABLE TRUST, THERESA K PO BOX 1106 ROSWELL, NM 88202 8. CARLOS REVOCABLE TRUST, JULIAN PO BOX 1106 ROSWELL, NM 88202 9&10 CITY OF ROSWELL PO BOX 1838 ROSWELL, NM 88202  STAFF SUMMARY FOR TEXT AMENDMENT PROPOSED ORDINANCE NO. 17-24 RE: GOLF COURSES IN THE R-S AND R-1 ZONING DISTRICTS Roswell Planning & Zoning Commission Tuesday, October 24, 2017 at 6:00 p.m. Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street ACTION REQUESTED: Consideration of Recommending Approval for Modification of text in Zoning Ordinance: Article 6: R-S Rural Suburban District Section 2. Use Regulations, B. Special Uses, 5. Golf courses and related buildings; and Article 7: R-1 Residential District, Section 2. Use Regulations, B. Special Uses, 4. Golf courses and related buildings. BACKGROUND: Under current zoning, the three golf courses in the City are zoned R-1 Residential. As a special use, golf courses typically have associated activities including retail sales as well as restaurants that serve alcoholic beverages. Staff is proposing creating additional language to specifically include the associated activities in the R-S and R-1 zoning districts for golf courses as part of a Special Use permit. FINANCIAL CONSIDERATION: There are no financial considerations with the proposed Zoning Code changes. LEGAL REVIEW: The City Attorney has reviewed this Resolution. BOARD AND/OR COMMITTEE ACTION: This item is scheduled to be heard by the Legal Committee on October 26, 2017. STAFF RECOMMENDATION: Recommendation of Approval to the Roswell City Council.  ORDINANCE NO. 17-24 AN ORDINANCE OF THE CITY OF ROSWELL MODIFYING ARTICLE 6: (R-S RURAL SUBURBAN DISTRICT) AND ARTICLE 7 (R-1 RESIDENTIAL DISTRICT), TO ALLOW FOR RETAIL, FOOD AND ALCOHOL SALES AT GOLF COURSE AS PART OF A SPECIAL USE APPROVAL, AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Roswell, New Mexico, has determined that there are significant benefits for the City’s residents to be able to play golf; and, WHEREAS, the City of Roswell City Council has determined that retail sales of golf- related equipment, and food and alcoholic drinks are normal activities found in successful golf courses; and. WHEREAS, the City Council has determined that it is the best interest of the City to allow for these uses in golf courses located in the R-S and R-1 zoning districts as Special uses. NOW THEREFORE, be it ordained by the governing body of the City of Roswell, State of New Mexico: Section 1. Modifications A. Article 6: R-S Rural Suburban District, Section 2. Use Regulations, B. Special Uses are as follows: 5. Golf courses and related buildings, including accessory retail sales, and restaurants / food / drink / lounges / liquor sales. B. Article 7: R-1 Residential District, Section 2. Use Regulations, B. Special Uses are as follows: 4. Golf courses and related buildings, including accessory retail sales, and restaurants / food / drink / lounges / liquor sales. Section 2. SEVERABILITY. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of that section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. Section 3. EFFECTIVE DATE. This ordinance shall be effective after five (5) days following its publication as required by State law. PASSED, ADOPTED, SIGNED and APPROVED the 14th day of December, 2017. CITY SEAL _____________________________ Dennis Kintigh, Mayor ATTEST: _____________________________ Sharon Coll, City Clerk