Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, December 19, 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 November 28, 2017 P&Z Workshop Minutes F. Approval of the November 28, 2017 P&Z Regular Meeting Minutes G. Approval of the December 1, 2017 P&Z Presentation Minutes H. Public Hearing Items 1. CASE 17-026 ZOC: A Request for a Change in Zoning from R-1 Residential to R-3 Residential in order to establish a private legal practice. Legal Description: Subd: WEST SIDE Block: 24 Lots: 8, 9, & 10 W 106.66’ S 40’ Quarter: SE S: 32 T: 10S R 24E BK 770 PG 238 SMD. Property Address: 511 W Seventh Street (Owner: Patterson Law Firm, P.C.) 2. CASE 17-027 VAR: A Request for a Variance from the required setbacks for a telecommunications tower. Legal Description: Subd: EL RANCHO REDIV AMEND Lot: 2 Quarter: NW S: 28 T: 10S R: 24E BK 687 PG 1501 WD CORR, BK 778 PG 1322 WD. Property Address: 112 E 22nd Street (Owner: Mark Willard, Agent: Sean Milks) 3. CASE 17-028 VAR: A Request for a Variance from the required setbacks for a telecommunications tower. Legal Description: Subd: LA RAZA SUMMARY REPLAT Block: 0 Lot: 1A S: 9 T: 11S R: 24E BK 732 PG 984 SWD. Property Address: 201 E Hobbs Street (Owner: Regina Kipp, Agent: Sean Milks) 4. CASE 17-029 VAR: A Request for a Variance for a carport in the side yard setback. Legal Description: Subd: JOHNSON Lot: 11 Quarter: NE S: 4 T: 11S R: 24E BK 790 PG 1479 QCDJT. Property Address: 411 S Holland Ave (Owner: Jose Medina & Helen Medina) Case 17-029 has been officially withdrawn by the applicant with conditions to meet required setbacks, completed by March 6, 2018, and pass inspection by City Building Inspector. 5. CASE 17-030 VAR: A Request for a Variance for a carport in the front yard setback. Legal Description: Subd: KEITHS SOUTHSIDE 2 Block: 4 Lot: 19 BK 285 PG 90. Property Address: 203 E Conner Ave (Owner: Arthur Gonzales & Tina Gonzales) I. Other Business J. Public Comments K. 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: December 14, 2017 Planning & Zoning Commission Agenda 1 December 19, 2017  P&Z WORKSHOP DRAFT MINUTES Tuesday, November 28, 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 17-49. A. CALL TO ORDER AND WELCOME – Chair Ralph Brown A workshop meeting of the Planning & Zoning Commission was called to order at approximately 5:00 p.m. by Chair Brown. 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 ABSENT Staff Members Present: Miguel Martinez, Planning & Zoning Administrator William Morris, AICP, CZO, Planning Manager Louis Najar, P.E., Director of Planning & Zoning C. WORKSHOP BUSINESS Commissioners and Staff discussed the following: Mr. Morris explained this will be the last Planning & Zoning Commission workshop until further notice. Planning & Zoning Commission November 28, 2017 Workshop Minutes Page 1 of 2  Mr. Morris introduced a concept to provide flexibility in C-2 and C-4 setback site development patterns. Staff is proposing options and alternate patterns in the C-2 and C-4 zoning districts. Many parcels on Second Street have less depth and cannot meet a 40 foot setback. An alternate pattern would provide a shorter front yard setback from forty feet to possibly ten feet and alleviate the need for variance requests for these shorter lots. Let the record show that Commissioner Jesse McDaniel joined the meeting at 5:13 p.m. Let the record show that Merideth Hildreth joined the meeting at 5:18 p.m. Ms. Hildreth: Planning & Zoning Commission is invited to attend a 3:30 p.m., Friday, December 1, Texas Tech University College of Architecture Urban Tech Design Center presentation “Roswell: A Study in Placemaking” at the Roswell Chaves County Economic Development Corporation Office at 220 N Main Street. Discussion on possible overlay regulations in the C-3 District. Let the record show that Commissioner Shirley Childress joined the meeting at 5:41. Mr. Morris: Mentioned the addition of a couple of other zoning districts is in the works. Discussion of Planning & Zoning Commissioner terms. D. ADJOURN Chair Brown adjourned the meeting at 5:48 p.m. Planning & Zoning Commission November 28, 2017 Workshop Minutes Page 2 of 2  P&Z PRESENTATION DRAFT MINUTES Tuesday, December 1, 2017 - 3:30 PM Roswell Planning & Zoning Commission Roswell Chaves County Economic Development Corporation 202 N Main 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 17-49. A. CALL TO ORDER AND WELCOME The meeting was called to order at approximately 3:35 p.m. B. NON-ACTION ITEM BUSINESS Final Presentation by Texas Tech University College of Architecture Students Roswell: A Study in Place Making Presentation by eight Texas Tech College of Architecture Fall 2017 graduate students who explored Roswell’s uniqueness of culture and place. These students presented their final group and individual analyses, models, graphic renderings, and findings to enhance both the quality of life for Roswell residents, the visitor experience, and economic vitality. C. ADJOURN The meeting adjourned at 5:00 p.m. Planning & Zoning Commission December 1, 2017 Presentation Minutes Page 1 of 1  P&Z REGULAR MEETING DRAFT MINUTES Tuesday, November 28, 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 17-49. A. CALL TO ORDER AND WELCOME – Chair Ralph Brown A regular meeting of the Planning & Zoning Commission was called to order at approximately 6:00 p.m. by Chair Brown. B. ROLL-CALL Ralph Brown (Chair) PRESENT Riley Armstrong (Vice Chair) PRESENT Toby Gross PRESENT Shirley Childress PRESENT David Storey PRESENT Kent Taylor PRESENT Jesse McDaniel PRESENT Staff Members Present: Merideth Hildreth, AICP, Planning & Zoning Administrator Miguel Martinez, Planning & Zoning Technician William Morris, AICP, CZO, Planning Manager Louis Najar, P.E., Director of Planning & Zoning Audience Members S: Todd Wagener, Bill Davis, Lisa Dunlap, Tyler Carter, Michele Carter, Carlos Laris, Christina Laris Planning & Zoning Commission November 28, 2017 Minutes Page 1 of 7  C. SWEARING IN: Chair Brown swore in staff and members of the audience. D. APPROVAL OF THE AGENDA Commissioner Childress made a MOTION to approve the agenda for the November 28, 2017 Planning & Zoning Commission Regular Meeting with Item Number 6 being tabled. Second by Commissioner Storey. The motion passed by a voice vote of seven to zero. E. MINUTES: Consider approval of the October 24, 2017 P&Z Workshop Minutes Commissioner Armstrong made a MOTION to approve the minutes of the Planning & Zoning workshop held on Tuesday October 24, 2017. Second by Commissioner McDaniel. The motion passed by a voice vote of seven to zero. F. MINUTES: Consider approval of the October 24, 2017 P&Z Regular Meeting Minutes Commissioner Gross made a MOTION to approve the regular meeting minutes of October 24, 2017 Planning & Zoning Commission meeting as written. Second by Commissioner Armstrong. The motion passed by a voice vote of seven to zero. G. ACTION ITEMS (PUBLIC HEARING ITEMS): 1. 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). (Tabled at the October 24, 2017 meeting.) 2. Motion to untable Case Number 17-022 was made by Commissioner Storey. Second by Commissioner Childress. The motion passed by a voice vote of seven to zero. Planning & Zoning Commission November 28, 2017 Minutes Page 2 of 7  MOTION to waive the Reading of the Finding of Facts with respect to Case 17-022 was made by Commissioner Armstrong. Second by Commissioner Childress. The motion passed by a voice vote of seven to zero. Chair Brown: Is there anyone wishing to speak in favor of Case: 17-022? In Favor: Carlos Laris Mr. Najar: Mr. Najar discussed his site visit and recommended approval of the variance for a porch only, nothing enclosed, no carport to be built, sidewalk and driveway constructed in the future must meet code and ADA requirements. Chair Brown: Is there anyone wishing to speak against Case: 17-022? Against: None. Staff Comments: Mr. Morris: Staff is fine with the conditions, building permit required, and no enclosure. MOTION – 17-022 VAR Motion to approve Case 17-022 with the land use and zoning considerations, based on the finding of facts and the testimony presented was made by Commissioner Storey Second by Commissioner McDaniel. The motion passed by a voice vote of seven to zero.  CASE 17-023 PPLAT: A Request for a Preliminary Plat for Bella Piazza Subdivision Unit I to develop and build a professional office subdivision and Unit 2 to build a 19-lot single family subdivision in R-4 Residential Zoning District. Legal Description: Subd: COUNTRY CLUB ESTATES SUMMARY PLAT Tracts A, B, & C S: 30 T: 10S R: 24E BK 571 PG 1117 WD (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 Avenue. MOTION to waive the Reading of the Finding of Facts with respect to Case 17-023 was made by Commissioner Armstrong. Second by Commissioner Gross. Planning & Zoning Commission November 28, 2017 Minutes Page 3 of 7  The motion passed by a voice vote of seven to zero. Chair Brown: Is there anyone wishing to speak in favor of Case: 17-023? In Favor: Todd Wagener Against: None. Staff Comments: Mr. Morris: The subdivision meets all requirements and Staff recommends approval. Questions and discussion regarding storm water retention on individual professional office lots and clarification about the dedicated retention pond on Lot 7 in Unit 2. MOTION – 17-023 PPLAT Motion to approve Preliminary Plat Case Number 17-023 with the land use consideration, the finding of facts, staff recommendation, and the testimony presented was made by Commissioner Storey. Second by Commissioner McDaniel. The motion passed by a voice vote of seven to zero.  CASE 17-024 FPLAT: A Request for a Final Plat for Bella Piazza Subdivision Unit I to develop and build a professional office subdivision in R-4 Residential Zoning District. Legal Description: Subd: COUNTRY CLUB ESTATES SUMMARY PLAT Tracts A, B, & C S: 30 T: 10S R: 24E BK 571 PG 1117 WD (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 Avenue. MOTION to waive the Reading of the Finding of Facts with respect to Case 17-024 was made by Commissioner Armstrong. Second by Commissioner Childress The motion passed by a voice vote of seven to zero. Chair Brown: Is there anyone wishing to speak in favor of Case: 17-024? In Favor: Todd Wagener Planning & Zoning Commission November 28, 2017 Minutes Page 4 of 7  Against: None. Staff Comments: Mr. Morris: This is a recommendation to go to City Council. MOTION – 17-024 FPLAT Motion to approve Case Number 17-024 based on the finding of facts, nature of the proposed land use consideration, and the testimony provided to move forward to City Council was made by Commissioner Armstrong. Second by Commissioner McDaniel. The motion passed by a voice vote of seven to zero.  CASE 17-025 VAR: A Request for a Variance from the Zoning Code to allow a high resolution digital billboard displaying on and off-premise advertising that is less than 1,000 feet from the nearest off-premise sign/billboard on the same side of the street; a variance for more than one free-standing sign on a lot; and a variance to the side property line setback in C-2 Community Commercial Zoning District. Legal Description: Subd: Atwell Summary Plat Lot: 2 Quarter: NW S: 28 T: 10S R: 24E BK 740 PG 1006 WD. (Owner: Tyler Carter) Property Address: 2415 & 2417 N Main Street. MOTION to waive the Reading of the Finding of Facts with respect to Case 17-025 was made by Commissioner Armstrong. Second by Commissioner Childress The motion passed by a voice vote of seven to zero. Chair Brown: Is there anyone wishing to speak in favor of Case: 17-025? In Favor: Tyler Carter Chair Brown: Is there anyone wishing to speak against Case: 17-025? Against: None. Planning & Zoning Commission November 28, 2017 Minutes Page 5 of 7  Staff Comments: Mr. Morris: Most local governments try to regulate large billboard off-premises signs. Our sign code was adopted about 4 years ago and states billboards must be separated by at least 1000 feet on the same side. The applicant is proposing a separation of approximately 350 feet. There are 77 billboard signs inside the City Limits. Most communities do their best to keep billboards out. Our code allows billboards with limitations. Billboards must also be approved by New Mexico Department of Transportation on Main Street and Second Street. This billboard doesn't meet separation requirements in the code. There are no unusual circumstances on the property. This application for a variance is for the applicant to install a revenue-generating sign on the property. In Staff’s view, the application doesn't meet the criteria. Staff recommends denial. Ms. Hildreth: This is a 12X25 foot 300 square foot sign on one side and another 300 square foot sign on the other side. It’s a large sign. Discussions ensued in reference to the sign code, the need for sign code revisions, sign content, nearness of proposed billboard to intersection, and approval by New Mexico Department of Transportation as a condition if a variance is granted, and congestion of signs. Mr. Najar: The issue is on-premise or off-premise. It's Staff's job to enforce the code, and Mr. Najar stands with Planning Staff for denial. Chair Brown: Any decisions today can be appealed to City Council by noon time on Thursday, November 30, 2017 in writing to the City Clerk. MOTION – 17-025 VAR Motion to approve Case Number 17-025 based on the finding of facts and the testimony presented and if approved get permit from NMDOT was made by Commissioner Storey. Second by Commissioner McDaniel. The motion passed by a roll call vote of six to one, with Chair Brown voting nay. Ralph Brown (Chair) PRESENT nay Riley Armstrong (Vice Chair) PRESENT yay Toby Gross PRESENT yay Shirley Childress PRESENT yay David Storey PRESENT yay Kent Taylor PRESENT yay Planning & Zoning Commission November 28, 2017 Minutes Page 6 of 7  Jesse McDaniel PRESENT yay  APPROVE 2018 P&Z COMMISSION REGULAR MEETING SCHEDULE MOTION 2018 P&Z COMMISSION REGULAR MEETING SCHEDULE Motion to approve 2018 P&Z COMMISSION REGULAR MEETING SCHEDULE as proposed was made by Commissioner Armstrong Second by Commissioner Childress. The motion passed by a voice vote of seven to zero.  PROPOSED TEXT AMENDMENTS TO THE CITY OF ROSWELL ZONING ORDINANCE FOR THE FOLLOWING (Note: this item was tabled at the beginning of the meeting.) 1. ARTICLE 20: I-1 LIGHT INDUSTRIAL DISTRICT 2. ARTICLE 21: I-2 HEAVY INDUSTRIAL DISTRICT 3. TABLE OF CONTENTS - ADDITION OF RESERVED ARTICLES AND RE-NUMBERING 4. ARTICLE 4: DEFINITIONS 5. ARTICLE 29: HOME OCCUPATIONS 6. ARTICLE 16: C-2 COMMUNITY COMMERCIAL DISTRICT H. OTHER BUSINESS Discussion referencing the next regular Planning & Zoning Commission meeting scheduled for December 19, 2017. I. PUBLIC COMMENTS Mr. Najar: There is a second draft of the Transitional Housing Ordinance that will go to Infrastructure Committee and will share with you in the December or January meeting. J. ADJOURN The meeting adjourned at 7:09 p.m. Planning & Zoning Commission November 28, 2017 Minutes Page 7 of 7 EXHIBIT A: 17-026 ZOC APPLICATION X X X  EXHIBIT B: STAFF SUMMARY FOR CASE 17-026 (ZOC) 511 W 7TH Street (Page 1 of 4) Roswell Planning & Zoning Commission Tuesday, December 19, 2017 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 17-026 (ZOC): A REQUEST FOR A ZONE CHANGE Property Location: 511 W 7TH ST Legal Description: Subd: WEST SIDE Block: 24 Lots: 8, 9, & 10 W 106.66’ S 40’ Quarter: SE S: 32 T: 10S R 24E BK 770 PG 238 SMD Owner: PATTERSON LAW FIRM, P.C. Agent: Frank Patterson Request: Request for a Change in Zoning from R-1 Residential to R-3 Residential in order to establish a private legal practice II. Site Data: Site Area: 14,980 ± square feet UPC: 4135061335311000000 Existing Land Use: Single Family Home with an Accessory Residential Structure (not currently livable due to damage caused when vacant). Proposed Land Use: R-1 to R-3 in order to operate a private legal practice at this location. Existing Zoning: R-1 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Residential R-1 South Residential R-1 East Residential R-1 West Mirador Apartments LLC R-3 Planning & Zoning, 17-026 ZOC Page 1 of 4 December 19, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-026 (ZOC)  511 W 7TH ST (Page 2 of 4) Chaves County Assessor’s Map Google Earth Images 3/2013 Zoning Map for 17-026 (ZOC) Google Earth Images 5/2013 Planning & Zoning, 17-026 ZOC Page 2 of 4 December 19, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-026 (ZOC) 511 W 7TH ST (Page 3 of 4) III. Intent of Petition: The owner of the residential property at 511 W 7th Street is requesting a change in zoning from R-1 (Residential) to R-3 (Residential) in order to apply for a Special Use Permit for a professional office at this location. IV. Land Use and Zoning Considerations: 1. The property under consideration is a corner lot and is currently zoned R-1. 2. The Mirador Apartments across the street on the west side of Missouri Avenue is zoned R-3. 3. The alley east of the property marks the boundary of the Historic District designated by the Historical Society for Southeast New Mexico, Inc. 4. The residential structure on the lot is considered historic. Built in the 1940s, the house is a typical example of an “Arts and Crafts Bungalow” with a hipped roof and large porch. 5. An area on the 7th Street side may be utilized as paved off-street parking for a professional law office. 6. The owner has two employees, therefore, this professional office would not comply with Section 6. Standards and Regulations for Major Home Occupations in the Home Occupation Article of the Zoning Ordinance which allows no more than one employee plus the inhabitants of the residence. 7. At this time, the owner does not reside on the property, which is also a requirement for a home occupation. 8. If the zone change is approved, the applicant will be required to apply for a Special Use Permit for a professional office under the Zoning Ordinance “Article 9: R-3 Residential District B. Special Uses 8. Professional offices not to exceed 10,000 square feet in gross floor area, where an additional 5% landscaping shall be provided in side yard setbacks on interior lot lines shall be no less than 10 feet.” 9. Three R-1 lots with single family dwellings north of the property under consideration separate the property from the Adult Center on Eighth Street and N Missouri Avenue. 10. A vacant lot is between the property under consideration and the alley. Planning & Zoning, 17-026 ZOC Page 3 of 4 December 19, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-026 (ZOC) 511 W 7TH ST (Page 4 of 4) 11. An easement is between the property under consideration and the residential property to the north. 12. On average, the law practice sees approximately six clients daily and will not generate a substantial increase in traffic. 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 zero (0) written letters 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 17-026 ZOC. 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, 17-026 ZOC Page 4 of 4 December 19, 2017  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 17-026 (ZOC) LETTER SENT VIA CERTIFIED MAIL ON NOVEMBER 30, 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 RE: PUBLIC HEARING NOTICE for ZONING CASE 17-026 ZOC 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 17-026 ZOC. The Property Owner in this case is requesting a Change in Zoning from R-1 Residential to R-3 Residential in order to establish a private legal practice. PROPERTY LOCATION: 511 W 7TH ST LEGAL DESCRIPTION: Subd: WEST SIDE Block: 24 Lots: 8, 9, & 10 W 106.66’ S 40’ Quarter: SE S: 32 T: 10S R 24E BK 770 PG 238 SMD OWNER OF PROPERTY: PATTERSON LAW FIRM P.C. AGENT: FRANK PATTERSON ZONING DISTRICT: R-1 The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, DECEMBER 19, 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 eight 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, December 13, 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 (Area Map on Reverse Side ) Planning & Zoning Technician EXHIBIT D: CASE 17-026 (ZOC) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR ZONE CHANGE AND PROPERTIES WITHIN NOTIFICATION AREA 14 3 13 2 4 11 1 12 5 9 10 8 6 7 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA  EXHIBIT E: 17-026 ZOC LIST OF PROPERTY OWNERS NOTIFIED 1 11 FRANK B PATTERSON FABIOLA E GUERRA PATTERSON LAW FIRM 935 DAVIDSON DR 5030 W BERRENDO ROAD ROSWELL, NM 88203 ROSWELL, NM 88201 12 2 BERKE FAMILY TRUST CITY OF ROSWELL 700 N LEA AVE PO BOX 1838 ROSWELL, NM 88201 ROSWELL, NM 88202 13 3 HUBBARD & SONS INVESTMENT LLC ROBERT & AMY SCOTT PO BOX 3415 709 N MISSOURI AVE ROSWELL, NM 88201 ROSWELL, NM 88201 13 4 HUBBARD & SONS INVESTMENT OR OWNER MIRADOR APARTMENTS LLC 704 N LEA AVE 301 W ALAMEDA, BOX O ROSWELL, NM 88201 ROSWELL, NM 88203 14 DAVID & LORUAL PESCHKA 5&6 708 N LEA AVE MARVIN & DELLA DAVIS ROSWELL, NM 88201 566 SURREY LANE SWEET HOME, OR 97386 5&6 MARVIN & DELLA DAVIS OR OWNER 612 N MISSOURI AVE ROSWELL, NM 88201 7 PATRICIA MEALAND 28 OTERO RD ROSWELL, NM 88201 7 PATRICIA MEALAND OR OWNER 608 N MISSOURI AVE ROSWELL, NM 88201 8 RICHARD & IRENA GALASSINI 613 N MISSOURI AVE ROSWELL, NM 88201 9 HANAN GALASSINI 508 W 7TH ST ROSWELL, NM 88201 10 E E LEADINGHAM 612 N LEA AVE ROSWELL, NM 88201  EXHIBIT A: 17-027 VAR APPLICATION 17-027 VAR 12-19-2017 X X 85' TALL TELECOMMUNICATIONS TOWER X VARIANCE FROM 93'6" SETBACK IN ALL DIRECTIONS  EXHIBIT B: STAFF SUMMARY FOR CASE 17-027 (VAR) 112 E 22ND ST (Page 1 of 10) Roswell Planning & Zoning Commission Tuesday, December 19, 2017 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 17-027 (VAR): A REQUEST FOR A VARIANCE Property Location: 112 E 22ND ST Legal Description: Subd: EL RANCHO REDIV AMEND Lot: 2 Quarter: NW S: 28 T: 10S R: 24E BK 687 PG 1501 WD CORR, BK 778 PG 1322 WD Owner: Mark Willard Agent: Sean Milks, Project Director for Flagship 1, LLC (Representative for AT&T Mobility Request: Request for a Variance from the required setbacks for a telecommunications tower. II. Site Data: Site Area: 13,716 ± square feet UPC: 4136060041176000000 Existing Land Use: Vacant Proposed Land Use: Eighty-five foot tall telecommunications tower Existing Zoning: C-2 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Christa Lee Manor Apartments R-3 South Budget Inn and south of Budget Inn is Lovelace C-2 Regional Medical Center East Vacant Lot zoned C-2. East of the C-2 lot is MHC – C-2 Roadrunner Mobile Home Park West Los Cerritos Restaurant C-2 Planning & Zoning, 17-027 VAR Page 1 of 10 December 19, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-027 (VAR)  112 E 22ND ST (Page 2 of 10) Chaves County Assessor’s Map MHC Zoning Map for 17- 027 (VAR) Planning & Zoning, 17-027 VAR Page 2 of 10 December 19, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-027 (VAR) 112 E 22ND ST (Page 3 of 10) III. Intent of Petition: The owner of the commercial property at 112 East Twenty-Second Street is requesting a variance from the required setbacks to allow an eighty-five foot tall telecommunications tower. IV. Land Use and Zoning Considerations: 1. The property is zoned C-2 (Community Commercial District) 2. Zoning Ordinance Article 26: Telecommunications Sec 6. – Setback requirements stipulates the following: 3. In order to comply with the Zoning Ordinance, a 200 foot by 200 foot property could accommodate an 85 foot tall tower. 4. According to the Chaves County Assessor Map and Information (see below), the property frontage is 108.0000 feet and the property depth is 127.0000 feet. Without a variance, the property under consideration would not be able to accommodate an eighty-five foot telecommunications tower and be in compliance with the Zoning Ordinance. Planning & Zoning, 17-027 VAR Page 3 of 10 December 19, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-027 (VAR) 112 E 22ND ST (Page 4 of 10) 5. The zoning ordinance requires the proposed eighty-five foot (85’) tall telecommunications tower be located a minimum of ninety-three feet six inches (93’6”) from all property lines. The site plan below shows the tower location is in the northeast corner of the property, 6. The close up of the proposed tower location shows the center of the tower to be located 11 feet 8 inches (11’8”) from the north property line fronting Twenty-Second Street and 29 feet (29.0’) from the east property line. This leaves 70 feet (70’) from the center of the tower to the west property line, and 115 feet (115’) from the center of the tower to the south property line. The diameter of the tower is forty-one inches (41”) at the base and twenty-two inches (22”) at the top of the monopole. The antennas will project approximately two feet to three feet beyond the pole. Planning & Zoning, 17-027 VAR Page 4 of 10 December 19, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-027 (VAR) 112 E 22ND ST (Page 5 of 10) 7. Stealth requirement are contained in Zoning Ordinance Article 26: Telecommunications Section 5. – Visibility of wireless telecommunications facilities: 8. Further stealth requirement are contained in Zoning Ordinance Article 26: Telecommunications Section 4. – Permit application contents and other requirements. 9. According to Section 7. Security of wireless telecommunications facilities, the site must be fenced or otherwise secured. 10. The City’s consultant for Wireless Telecommunications projects is CMS. Currently, Mel Patterson is the CMS consultant assigned to Roswell. Section 3. Permit Application Process and Other Requirements of the Telecommunications Article specifies the following: Planning & Zoning, 17-027 VAR Page 5 of 10 December 19, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-027 (VAR) 112 E 22ND ST (Page 6 of 10) 11. Mr. Patterson’s recommendation for waiving the setback requirement with conditions is provided in a letter in Exhibit F. An excerpt from the letter is provided below. We have reviewed all of the materials submitted by the applicant for the above referenced application and we find them to be complete and in compliance with Article 25 Telecommunications with exceptions noted in the conditions below. They are proposing to build a new 85’ Monopole Tower with 6 panels and associated hardware that are not in a stealth configuration and there are some concerns expressed with the proposed tower’s proximity to the existing helipad. Additional efforts with the FAA and others will be taken prior to the application be considered complete. The proposed site needs to go before a public hearing and the Planning and Zoning Commission to address the following issue: The proposed site does not meet set back requirements, therefore requires a waiver. CMS’s recommendations on this application are submitted below: The P&Z Hearing is set for December 19th and CMS will attend should you determine it to be helpful. 12. Facilities for Wireless Telecommunications is necessary and vital for community growth and economic development. AT&T Mobility will be the anchor tenant on this tower and the tower will be structurally designed to accommodate three additional carriers. This tower will provide future capacity. City Staff prefers one tower with multiple carriers over multiple towers wit capacity for one carrier. Planning & Zoning, 17-027 VAR Page 6 of 10 December 19, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-027 (VAR) 112 E 22ND ST (Page 7 of 10) 13. Below is a series of simulated renderings of the view of the tower on the proposed property. However, the towers in these renderings are not in the same location on the property as the tower location indicated on the site plan. Updated renderings will be provided at the P&Z meeting. 14. Below are photos from the proposed tower location looking south toward the Lovelace Regional Medical Center’s helipad and from the helipad looking north toward the proposed tower location. Staff photo from helipad toward proposed tower site HELIPAD  Staff photo from helipad of powerlines toward Grand Ave Staff photo from proposed tower site toward helipad Planning & Zoning, 17-027 VAR Page 7 of 10 December 19, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-027 (VAR) 112 E 22ND ST (Page 8 of 10) 15. See below an elevation study of the proposed 85 foot tower and screen fence with multiple antennas for up to four wireless telecommunications companies. 16. The tower’s proposed location is approximately 350 feet from the Lovelace Regional Medical Center’s helipad. 17. The location of the proposed wireless telecommunications tower is north of the Lovelace Regional Medical Center and adjacent to a lot that the medical center leases for parking. Staff spoke to personnel at Lovelace Regional Medical Center and garnered the following input. A. Adam Barela, Security Supervisor specified that the cell tower would pose a “health risk for the helicopter. B. Brad Sample, Line Pilot for Air Methods told Staff that the proposed lot for the tower is in the main and least impeded approach to the helipad. The tower would be a hazard. The helicopter “would have to maneuver around the cell tower and would compromise safety for the pilots, crew, patients, and anyone in the immediate area.” C. Kris Stoop, Aviation Manager with Air Methods is concerned that there is “only one general narrow span in and out to the helipad and a tower would create an added margin of risk.” Planning & Zoning, 17-027 VAR Page 8 of 10 December 19, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-027 (VAR) 112 E 22ND ST (Page 9 of 10) 18. The following Google Earth Map (Image Date: 10/4/2014) shows the approximate distance of 350 feet from the proposed tower location to the helipad. 19. On November 16, 2017, the Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group issued a “Determination of No Hazard to Air Navigation” for the proposed tower (Exhibit F). In preparation of this zoning case and at the time of the writing of this Staff Report, Planning Staff has been in contact with the FAA and has requested further review of the determination by the FAA to verify whether or not the proximity of the helipad was taken into consideration. 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, 17-027 VAR Page 9 of 10 December 19, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-027 (VAR) 112 E 22ND ST (Page 10 of 10) 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 zero (0) written letters of support received by the Planning & Zoning Office. One neighboring property owner expressed concern about safety for the helicopter, especially during fog, and the aesthetics of a tower. VI. Staff Recommendation: Staff recommends tabling this case pending more information from the Federal Aviation Administration regarding public safety with respect to the proximity of the proposed tower location to the Lovelace Regional Medical Center’s helipad and helicopter flight path. Staff will present information that arrives between the writing of this recommendation and the P&Z meeting. VII. Action by the Planning & Zoning Commission: The Planning and Zoning Commission shall make a motion to approve, deny, or table 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, 17-027 VAR Page 10 of 10 December 19, 2017  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 17-027 (VAR) LETTER SENT VIA CERTIFIED MAIL ON NOVEMBER 30, 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 RE: PUBLIC HEARING NOTICE for ZONING CASE 17-027 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 17-027 VAR. The Property Owner in this case is requesting a Variance from the required setbacks for a telecommunications tower. PROPERTY LOCATION: 112 E 22ND ST LEGAL DESCRIPTION: Subd: EL RANCHO REDIV AMEND Lot: 2 Quarter: NW S: 28 T: 10S R: 24E BK 687 PG 1501 WD CORR, BK 778 PG 1322 WD OWNER OF PROPERTY: MARK WILLARD AGENT: SEAN MILKS ZONING DISTRICT: C-2 The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, DECEMBER 19, 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 eight 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, December 13, 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 (Area Map on Reverse Side ) Planning & Zoning Technician EXHIBIT D: CASE 17-027 (VAR) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR VARIANCE AND PROPERTIES WITHIN NOTIFICATION AREA 3 2 4 1 7 5 6 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA  EXHIBIT E: 17-027 VAR LIST OF PROPERTY OWNERS NOTIFIED 1,4,7. MARK D WILLARD; JINGER URQUIDES 4 EL ARCO IRIS ROSWELL, NM 88201 2. WILLIAM A LE MASTERS 1204 MECHEM, STE 11 RUIDOSO, NM 88345 3. PATEL AND PATER PARTNERSHIP 3344 E INGLEWOOD CIR PHOENIX, AZ 85013 4,5. DAYALSHARAN COPORATION C/O BUDGET INN 2101 N MAIN ST ROSWELL, NM 88201  EXHIBIT F: 17-027 VAR - CMS LETTER REGARDING STATUS AND RECOMMENDATION 711-22 Tramway Pl. NE Albuquerque, NM 87122 (505)828-9087 (505)401-5056 melpatcms@gmail.com December 8, 2017 Updated 12/13/17 based on safety concerns with the site’s proximity to Hospital Helipad Merideth Hildreth Planning & Zoning City of Roswell P.O. Box 1838 Roswell, NM 88202 Via email RE: AT&T N226 Willard; New Tower CMS Project: Roswell NM AT&T 22nd & Grand APPLICATION STATUS & RECOMMENDATION: INCOMPLETE & PENDING SET BACK VARIANCE Dear Merideth: We have reviewed all of the materials submitted by the applicant for the above referenced application and we find them to be complete and in compliance with Article 25 Telecommunications with exceptions noted in the conditions below. They are proposing to build a new 85’ Monopole Tower with 6 panels and associated hardware that are not in a stealth configuration and there are some concerns expressed with the proposed tower’s proximity to the existing helipad. Additional efforts with the FAA and others will be taken prior to the application be considered complete. The proposed site needs to go before a public hearing and the Planning and Zoning Commission to address the following issue: The proposed site does not meet set back requirements, therefore requires a waiver. CMS’s recommendations on this application are submitted below: The P&Z Hearing is set for December 19th and CMS will attend should you determine it to be helpful. Set Back Waiver – The applicant has committed to insuring the site will be safe by stipulating that the site will be designed to meet ANSI 222 G Class III requirements and the loading will not exceed 90% of design capacity. CMS’s opinion is that the stipulated design criterion provides the City with adequate safety margins and the specified criteria is measurable and verifiable. Therefore, CMS recommends that the Set Back waiver be granted with the following conditions: 1. AT&T’s set back waiver is granted based on the site being designed in accordance with ANSI 222 G, Class III specifications being applied to the Certified Structural Analysis and the loading of the proposed tower will not exceed 90% of the designed load at anytime during its useful life. 2. That the site meets all requirements of the Article 25 – Telecommunications and Building Permitting, including stealth design approved by City Staff. Merideth should there be any questions don’t hesitate to let me know. The next step, if you agree, would be to await the P&Z Commission’s decision and wait for a complete application that meets the overall requirements. Thanks. Respectfully Submitted, Mel Patterson Regional Director, CMS Cc: Dick Comi, CMS via email EXHIBIT G: 17-027 VAR FAA DETERMINATION LETTER ISSUED 11/16/2017 PG 1 OF 6 EXHIBIT G: 17-027 VAR FAA DETERMINATION LETTER ISSUED 11/16/2017 PG 2 OF 6 EXHIBIT G: 17-027 VAR FAA DETERMINATION LETTER ISSUED 11/16/2017 PG 3 OF 6 EXHIBIT G: 17-027 VAR FAA DETERMINATION LETTER ISSUED 11/16/2017 PG 4 OF 6 EXHIBIT G: 17-027 VAR FAA DETERMINATION LETTER ISSUED 11/16/2017 PG 5 OF 6 EXHIBIT G: 17-027 VAR FAA DETERMINATION LETTER ISSUED 11/16/2017 PG 6 OF 6  EXHIBIT A: 17-028 VAR APPLICATION 17-028 VAR 12-19-2017 X X 85' TALL TELECOM X TOWER Variance from Requiresd 93'6" setback in all directions  EXHIBIT B: STAFF SUMMARY FOR CASE 17-028 (VAR) 201 E HOBBS ST (Page 1 of 8) Roswell Planning & Zoning Commission Tuesday, December 19, 2017 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 17-028 (VAR): A REQUEST FOR A VARIANCE Property Location: 201 E Hobbs Street Legal Description: Subd: LA RAZA SUMMARY REPLAT Block: 0 Lot: 1A S: 9 T: 11S R: 24E BK 732 PG 984 SWD (Eastern portion of this lot) Owner: Regina Kipp Agent: Sean Milks Request: Request for a Variance from the required setbacks for a telecommunications tower II. Site Data: Site Area: 19,845 ± square feet (east portion of the lot 135’± wide by 147’± deep) UPC: 4136063031248000000 Existing Land Use: Vacant portion of lot east of Pizza Hut Proposed Land Use: Eighty-five foot (85’) tall wireless telecommunications tower Existing Zoning: C-2 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Vacant C-2 South K-Mart C-2 East Chaves County Facility Maintenance Department C-2 West Pizza Hut C-2 Planning & Zoning, 17-028 VAR Page 1 of 8 November 28, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-028 (VAR) 201 E HOBBS ST (Page 2 of 8) Chaves County Assessor’s Map Chaves County Assessor’s Map Zoning Map for 17-028 (VAR) Planning & Zoning, 17-028 VAR Page 2 of 8 November 28, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-028 (VAR) 201 E HOBBS ST (Page 3 of 8) III. Intent of Petition: The owner and agent of the commercial property at 201 E Hobbs Street are requesting a variance from the required setbacks to allow an eighty-five foot tall telecommunications tower. IV. Land Use and Zoning Considerations: 1. The property is zoned C-2 (Community Commercial District) 2. Zoning Ordinance Article 26: Telecommunications Sec 6. – Setback requirements stipulates the following: 3. In order to comply with the Zoning Ordinance, a 200 foot by 200 foot property could accommodate an 85 foot tall tower. 4. According to the Chaves County Assessor Map and Information (see below), the eastern portion of the property under consideration for a variance has a frontage of approximately 135 feet and depth of 147.74± feet. Without a variance, the property under consideration would not be able to accommodate an eighty-five foot telecommunications tower and be in compliance with the Zoning Ordinance. Planning & Zoning, 17-028 VAR Page 3 of 8 November 28, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-028 (VAR) 201 E HOBBS ST (Page 4 of 8) 5. The zoning ordinance requires the proposed eighty-five foot (85’) tall telecommunications tower be located a minimum of ninety-three feet six inches (93’6”) from all property lines. The site plan below shows the tower location is in the northeast corner of the property, 6. The proposed tower location shows the center of the tower to be located: Sixty-one feet (61’) from the north property line, Eighty-five feet one inch (85’1”) from the south property line, Sixty-five feet eight inches (65’8”) from the east property line, and Sixty-eight feet five inches (68’5”) from the west property line. The diameter of the tower is forty-one inches (41”) at the base and twenty-two inches (22”) at the top of the monopole. The antennas will project approximately two to three feet beyond the pole. Planning & Zoning, 17-028 VAR Page 4 of 8 November 28, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-028 (VAR) 201 E HOBBS ST (Page 5 of 8) 7. Stealth requirement are contained in Zoning Ordinance Article 26: Telecommunications Section 5. – Visibility of wireless telecommunications facilities: 8. Further stealth requirement are contained in Zoning Ordinance Article 26: Telecommunications Section 4. – Permit application contents and other requirements. 9. According to Section 7. Security of wireless telecommunications facilities, the site must be fenced or otherwise secured. 10. The City’s consultant for Wireless Telecommunications projects is CMS. Currently, Mel Patterson is the CMS consultant assigned to Roswell. Section 3. Permit Application Process and Other Requirements of the Telecommunications Article specifies the following: Planning & Zoning, 17-028 VAR Page 5 of 8 November 28, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-028 (VAR) 201 E HOBBS ST (Page 6 of 8) 11. Mr. Patterson’s recommendation for waiving the setback requirement with conditions is provided in a letter in Exhibit F. An excerpt from the letter is provided below. 12. Facilities for Wireless Telecommunications is necessary and vital for community growth and economic development. AT&T Mobility will be the anchor tenant on this tower and the tower will be structurally designed to accommodate three additional carriers. This tower will provide future capacity. City Staff prefers one tower with multiple carriers over multiple towers wit capacity for one carrier. 13. Below is a series of simulated renderings of the view of the proposed tower from various locations. Planning & Zoning, 17-028 VAR Page 6 of 8 November 28, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-028 (VAR) 201 E HOBBS ST (Page 7 of 8) 14. See below an elevation study of the proposed eighty-five foot (85’) tower and screen fence with multiple antennas for up to four wireless telecommunications companies. 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. Planning & Zoning, 17-028 VAR Page 7 of 8 November 28, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-028 (VAR) 201 E HOBBS ST (Page 8 of 8) 4. As of the time of this writing, there have been zero (0) written and zero (0) verbal protests and zero (0) written letters 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, CMS recommendation, and the regulations established in the Zoning Ordinance, Staff recommends approval of Case 17-028 to allow variances from all property lines for the installation of an eighty-five foot (85’) tall monopole wireless telecommunications tower with the following stipulations: 1) The tower design and installation meet all pertinent municipal, state and federal regulations and code requirements; 2) Be designed to meet ANSI 222 G Class III requirements and the loading will not exceed ninety percent (90%) of design capacity; 3) Meet the Zoning Ordinance standards per Staff approval regarding mitigation of visual impact. VII. Action by the Planning & Zoning Commission: The Planning and Zoning Commission shall make a motion to approve, deny, or table 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, 17-028 VAR Page 8 of 8 November 28, 2017  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 17-028 (VAR) LETTER SENT VIA CERTIFIED MAIL ON NOVEMBER 30, 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 RE: PUBLIC HEARING NOTICE for ZONING CASE 17-028 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 17-028 VAR. The Property Owner in this case is requesting a Variance from the required setbacks for a telecommunications tower. PROPERTY LOCATION: 201 E HOBBS ST LEGAL DESCRIPTION: Subd: LA RAZA SUMMARY REPLAT Block: 0 Lot: 1A S: 9 T: 11S R: 24E BK 732 PG 984 SWD OWNER OF PROPERTY: REGINA KIPP AGENT: SEAN MILKS ZONING DISTRICT: C-2 The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, DECEMBER 19, 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 eight 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, December 13, 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 (Area Map on Reverse Side ) Planning & Zoning Technician EXHIBIT D: CASE 17-028 (VAR) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR VARIANCE AND PROPERTIES WITHIN NOTIFICATION AREA 2 1 4 3 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA  EXHIBIT E: 17-028 VAR LIST OF PROPERTY OWNERS NOTIFIED 1&2. REGINA KIPP 610 CROMPTON RD REDWOOD CITY, CA 94061 3. NEW MEXICO K-MART 7017; C/O PROPERTY TAX COMPLIANCE DEPT 768TAX, B2-116A PO BOX 927000 HOFFMAN ESTATES, IL 60179 4. COUNTY OF CHAVES #1 ST MARY’S PLACE ROSWELL, NM 88203  EXHIBIT F: 17-028 VARCMS LETTER REGARDING STATUS ANDRECOMMENDATION 711-22 Tramway Pl. NE Albuquerque, NM 87122 (505)828-9087 (505)401-5056 melpatcms@gmail.com December 7, 2017 Merideth Hilldreth Planning & Zoning City of Roswell P.O. Box 1838 Roswell, NM 88202 Via email RE: AT&T N225 Kipp; New Tower CMS Project: Roswell NM AT&T Main & Hobbs APPLICATION STATUS & RECOMMENDATION: INCOMPLETE & PENDING SET BACK VARIANCE Dear Merideth: We have reviewed all of the materials submitted by the applicant for the above referenced application and we find them to be complete and in compliance with Article 25 Telecommunications with exceptions noted in the conditions below. They are proposing to build a new 85’ Monopole Tower with 12 panels and associated hardware that are not in a stealth configuration. The proposed site needs to go before a public hearing and the Planning and Zoning Commission to address the following issue: The proposed site does not meet set back requirements, therefore requires a waiver. CMS’s recommendations on this application are submitted below: The P&Z Hearing is set for December 19th and CMS will attend should you determine it to be helpful. Set Back Waiver – The applicant has committed to insuring the site will be safe by stipulating that the site will be designed to meet ANSI 222 G Class III requirements and the loading will not exceed 90% of design capacity. CMS’s opinion is that the stipulated design criterion provides the City with adequate safety margins and the specified criteria is measurable and verifiable. Therefore, CMS recommends that the Set Back waiver be granted with the following conditions: 1. AT&T’s set back waiver is granted based on the site being designed in accordance with ANSI 222 G, Class III specifications being applied to the Certified Structural Analysis and the loading of the proposed tower will not exceed 90% of the designed load at anytime during its useful life. 2. That the site meets all requirements of the Article 25 – Telecommunications and Building Permitting, including stealth design approved by City Staff. Merideth should there be any questions don’t hesitate to let me know. The next step, if you agree, would be to await the P&Z Commission’s decision and wait for a complete application that meets the overall requirements. Thanks. Respectfully Submitted, Mel Patterson Regional Director, CMS Cc: Dick Comi, CMS via email EXHIBIT A: 17-029 VAR APPLICATION PAGE 1 OF 3 EXHIBIT A: 17-029 VAR APPLICATION PAGE 2 OF 3 EXHIBIT A: 17-029 VAR APPLICATION PAGE 3 OF 3 EXHIBIT B: 17-029 FORMAL WITHDRAWAL OF CASE EXHIBIT A: 17-030 VAR APPLICATION  EXHIBIT B: STAFF SUMMARY FOR CASE 17-030 (VAR) 203 E CONNER STREET (Page 1 of 4) Roswell Planning & Zoning Commission Tuesday, December 19, 2017 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 17-030 (VAR): A REQUEST FOR A VARIANCE Property Location: 203 E CONNER Legal Description: Subd: KEITHS SOUTHSIDE 2 Block: 4 Lot: 19 BK 285 PG 90 Owner: ARTHUR GONZALES & TINA GONZALES Request: Request for a Variance for a carport in the front yard setback II. Site Data: Site Area: 6867 ± square feet UPC: 4136064082110000000 Existing Land Use: Residential Proposed Land Use: Existing Zoning: R-1 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Residential R-1 South Residential R-1 East Residential R-1 West Vacant R-1 Planning & Zoning, 17-030 VAR Page 1 of 4 December 19, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-030 (VAR) 203 E CONNER (Page 2 of 4) Chaves County Assessor’s Map Zoning Map for 17-030 (VAR) Planning & Zoning, 17-030 VAR Page 2 of 4 December 19, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-030 (VAR) 203 E CONNER STREET (Page 3 of 4) III. Intent of Petition: The owner of the residential property at 203 E Conner Street is requesting a variance to allow a carport to encroach in the front yard setback. IV. Land Use and Zoning Considerations: 1. The property is zoned as R-1 (Residential District). 2. Minimum requirement in R-1 zoning district is twenty-five (25) foot setback in the front yard. 3. Carport is approximately eight feet (8’) from front property line. 4. Carport was being constructed without a building permit. Planning and Zoning Technician noticed construction of the carport and spoke to the property owner and reported the violation to the Building Inspector. 5. Neighbor at 205 E Conner Street has similar carport constructed without a building permit. A violation letter has been issued. Neighbor plans to submit Request for Variance Application before the end of December 2017. 6. Photos below show the existing carport at 203 E Conner Street. Planning & Zoning, 17-030 VAR Page 3 of 4 December 19, 2017  EXHIBIT B: STAFF SUMMARY FOR CASE 17-030 (VAR) 203 E CONNER STREET (Page 4 of 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 protests and a petition of support (Exhibit F) received by the Planning & Zoning Office. VI. Staff Recommendation: Based on the findings of fact, the nature of the proposed land use consideration, and the regulations established in the Zoning Ordinance, Staff recommends Zoning Case 17-030 VAR be tabled. The property owner located at 205 E Conner has been in contact with staff and plans also apply for a variance. Staff would like to present both cases simultaneously. VII. Action by the Planning & Zoning Commission: The Planning and Zoning Commission shall make a motion to approve, deny, or table 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, 17-030 VAR Page 4 of 4 December 19, 2017  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 17-030 (VAR) LETTER SENT VIA CERTIFIED MAIL ON NOVEMBER 30, 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 RE: PUBLIC HEARING NOTICE for ZONING CASE 17-030 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 17-030 VAR. The Property Owner in this case is requesting a Variance for a carport in the front yard setback. PROPERTY LOCATION: 203 E CONNER AVE LEGAL DESCRIPTION: Subd: KEITHS SOUTHSIDE 2 Block: 4 Lot: 19 BK 285 PG 90 OWNER OF PROPERTY: ARTHUR GONZALES; TINA GONZALES ZONING DISTRICT: R-1 The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, DECEMBER 19, 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 eight 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, December 13, 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 (Area Map on Reverse Side ) Planning & Zoning Technician EXHIBIT D: CASE 17-030 (VAR) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR VARIANCE AND PROPERTIES WITHIN NOTIFICATION AREA 8 5 9 6 4 10 7 2 1 3 11 12 13 15 17 14 16 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA  EXHIBIT E: 17-030 VAR LIST OF PROPERTY OWNERS NOTIFIED 1. ARTHUR R GONZALES; TINA GONZALES 15. AARON ORDONEZ-HERMOSILLO 203 E CONNER ST 204 E CONNER ST ROSWELL, NM 88203 ROSWELL, NM 88203 2. CLAUDIA MARTINEZ 16. GUADALUPE MARTINEZ 205 E CONNER ST 206 E CONNER ST ROSWELL, NM 88203 ROSWELL, NM 88203 3. CHARLES E LUECHTEFELF JR; EDDIE L 17. ALEXIS ARIEL GONZALEZ LUECHTEFELD 208 E CONNER ST 807 THIRD ST ROSWELL, NM 88203 ALAMOGORDO, NM 88310 4. WORLEY ENTERPRISES, LLC PO BOX 756 ROSWELL, NM 88202 5. EVERADO L MORALES; LUZ M VASQUEZ-FLORES 6232 SE MAIN ST ROSWELL, NM 88203 6. SHAWN S ALLAN 204 HEFLIN ST ROSWELL, NM 88203 7. ELIZA LOYA 705 S PLAZA DR ROSWELL, NM 88203 8. ELMER L SMITH 2408 S VIRGINIA AVE ROSWELL, NM 88203 9. ELMER SMITH 2500 S VIRGINIA AVE ROSWELL, NM 88203 10. CHRISTINA DURAN; NEMORIA DURAN 2502 S VIRGINIA AVE ROSWELL, NM 88203 11. LAURA DE LA HOYA 2504 S VIRGINIA AVE ROSWELL, NM 88203 12. HELEN T HERNANDEZ 2506 S VIRGINIA AVE ROSWELL, NM 88203 13. LILY LOYA 200 E CONNER ST ROSWELL, NM 88203 14. MARTHA DE LA PENA 202 E CONNER ST ROSWELL, NM 88203 EXHIBIT F: 17-029 VAR PETITION PAGE 1 OF 2 EXHIBIT F: 17-029 VAR PETITION PAGE 2 OF 2