Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, January 23, 2018 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 December 19, 2017 P&Z Regular Meeting Minutes F. Public Hearing Items 1. CASE 18-001 VAR: A Request for a Variance for a carport in the front yard setback. Legal Description: Subd: KEITHS SOUTHSIDE 2 Block: 4 Lot: 20 BK 622 PG 9 708 WD. Property Address: 205 E Conner Ave (Owner: Claudia Martinez; Agent: Jesus Carrusco) 2. PROPOSED TEXT AMENDMENTS TO THE CITY OF ROSWELL ZONING ORDINANCE: Addition of Transitional Housing to ARTICLE 20: I-1 LIGHT INDUSTRIAL DISTRICT and ARTICLE 21: I-2 HEAVY INDUSTRIAL DISTRICT. G. Other Business 1. UPDATE REGARDING APPEAL OF P&Z DECISION FOR CASE 17-030 VAR. At the January 11, 2018 City Council Meeting, City Council upheld the Planning & Zoning Commission’s denial of the variance for a carport in the front yard setback at 203 E Conner Street. H. Public Comments I. Adjourn Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and Resolution 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: January 17, 2018 Planning & Zoning Commission Agenda 1 January 23, 2018  P&Z REGULAR MEETING DRAFT MINUTES Tuesday, December 19, 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 6:01 p.m. by Vice Chair Armstrong. B. ROLL-CALL Ralph Brown (Chair) ABSENT Riley Armstrong (Vice Chair) PRESENT Toby Gross PRESENT Shirley Childress ABSENT David Storey PRESENT Kent Taylor PRESENT Jesse McDaniel ABSENT Staff Members Present: Merideth Hildreth, AICP, Planning & Zoning Administrator William Morris, AICP, CZO, Planning Manager Mike Christensen, City Building Inspector Aaron Holloman, City Attorney Audience Members Present: Mel Patterson, Sean Milks, Kevin Winner, Mike Waring, Alison Penn, Frank Patterson, Arthur Gonzales, Mark Willard, Robin Seyler, Adam Barela, Larry Connolly. C. SWEARING IN: Vice Chair Armstrong swore in staff and members of the audience. Planning & Zoning Commission December 19, 2017 Minutes Page 1 of 9  D. APPROVAL OF THE AGENDA Commissioner Storey made a MOTION to rearrange the case order in the following manner, Case Number 5 be heard first, Case Number 1 be heard second, Case Number 3 will remain Number 3, and Case Number 2 is moved to Number 4, and clarify Number 4 Case 17-029 Variance has been officially withdrawn and will not be heard. Second by Commissioner Gross. The motion passed by a voice vote of four to zero. (Absent: Chair Brown, Commissioner Childress, and Commissioner McDaniel.) E. MINUTES: Consider approval of the November 28, 2017 P&Z Workshop Minutes Commissioner Taylor made a MOTION to approve the Workshop Minutes as submitted for November 28, 2017. Second by Commissioner Gross. The motion passed by a voice vote of four to zero (Absent: Chair Brown, Commissioner Childress, and Commissioner McDaniel.) F. MINUTES: Consider approval of the November 28, 2017 P&Z Regular Meeting Minutes Commissioner Gross made a MOTION to approve the November 28, 2017, Regular Meeting Minutes as written. Second by Commissioner Storey. The motion passed by a voice vote of four to zero. (Absent: Chair Brown, Commissioner Childress, and Commissioner McDaniel.) G MINUTES: Consider approval of the December 1, 2017 P&Z Presentation Minutes Commissioner Gross made a MOTION to approve the December 1, 2017, P&Z Presentation Minutes as Written. Second by Commissioner Taylor. The motion passed by a voice vote of four to zero. (Absent: Chair Brown, Commissioner Childress, and Commissioner McDaniel.) Planning & Zoning Commission December 19, 2017 Minutes Page 2 of 9  H. ACTION ITEMS (PUBLIC HEARING ITEMS): 1. 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) Vice Chair Armstrong: Is there anyone wishing to speak in favor of Case: 17-030? In Favor: Arthur Gonzales Vice Chair Armstrong: Is there anyone wishing to speak against Case 17-030? Against: None Mike Christensen, City Building Inspector, explained that he was told this carport was put up without a permit. On December 14, Mr. Christensen explained he red-tagged the carport for not having a permit and visually inspected it since he could not perform a full inspection since a permit had not been issued. Mr. Christensen explained the photos he took showing the construction is over-spanned and the posts are not bearing the load as they should. Mr. Christensen mentioned the (International Building) Code Sections included in the packet. Mr. Christensen deemed the carport unsafe as is. Commissioner Storey asked what it would take to make the carport structurally sound. Mr. Christensen stated it would take a lot of work. The carport is not bearing load on top of the posts but is nailed at the sides. The Code requires either mechanical fasteners or be load bearing. The span is over twenty feet wide, and a two-by-six is only allowed to span 11 feet wide. The span is almost twice the width of what the Code allows and there is no supporting beam. It would take quite a bit of work to make it safe. Commissioner Storey made a MOTION to waive the Reading of the Land Use and Zoning Considerations and Finding of Facts for Case 17-030. Second by Commissioner Gross. The motion passed by a voice vote of four to zero. (Absent: Chair Brown, Commissioner Childress, and Commissioner McDaniel.) Planning & Zoning Commission December 19, 2017 Minutes Page 3 of 9  Ms. Hildreth: Exhibit G on the Commissioner’s desk contains photos by the building inspector Mike Christensen and excerpts from the International Building Code. Commissioner Storey asked Commissioner Gross his construction opinion. Commissioner Gross stated his recommendation is always that the permit is to be pulled and guided by the City Building Official. Applicants should start with an application for a building permit and approval of a variance before the building permit is issued and meet or exceed all code requirements. Mr. Morris: This carport is about eight feet from the front property line (back of sidewalk) on a shorter, older lot. Encroachment into the front by these type of structures is a concern. The setback for this carport should be 25 feet. This is a significant intrusion into the setback without a permit application. Ms. Hildreth stated the lot is approximately 62 feet by 110 feet. Based on the additional information by the building inspector, Staff has changed its recommendation from tabling the case to denying the variance. Vice Chair Armstrong asked the owner if the carport could be put up in the back yard. Mr. Gonzales: The backyard is fenced in with cinderblock. MOTION – 17-030 VAR Commissioner Taylor made a motion to deny a variance for Case Number 17-030. Second by Commissioner Gross. The motion passed by a voice vote of four to zero. (Absent: Chair Brown, Commissioner Childress, and Commissioner McDaniel.) Vice Chair Armstrong stated appeals to the City Council may be made in writing by noon on Thursday to the City Clerk. Planning & Zoning Commission December 19, 2017 Minutes Page 4 of 9  2. 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.) Commissioner Storey made a MOTION to waive the Reading of the Land Use and Zoning Considerations and Finding of Facts for Case 17-026. Second by Commissioner Gross. The motion passed by a voice vote of four to zero. (Absent: Chair Brown, Commissioner Childress, and Commissioner McDaniel.) Vice Chair Armstrong: Is there anyone wishing to speak in favor of Case 17-026? In Favor: Frank Patterson, Patterson Law Firm Vice Chair Armstrong asked if the property was in the Historic District. Ms. Hildreth answered the property is just outside the Historic District. The alley is the dividing line. Mr. Morris: There have been a couple of other law offices in the area that have readapted historic residential buildings as a form of historic preservation. Vice Chair Armstrong: Is there anyone wishing to speak against Case 17-026? Against: None Mr. Morris: This rezoning is compatible with the general area. The proposed use for a small scale professional office is compatible. The rezoning is appropriate and consistent for use as a professional office. Commissioner Gross asked if parking was adequate. Ms. Hildreth: There is ample space for parking on the east side of the lot. Commissioner Storey asked if this property will come back to the Planning & Zoning Commission for a Special Use Permit. Mr. Morris: Rezoning is the first step. Meantime, the owner can apply for building permits. Parking can be addressed during the request for a Special Use Permit. Planning & Zoning Commission December 19, 2017 Minutes Page 5 of 9  MOTION – 17-026 ZOC Commissioner Taylor made a motion to approve Case Number 17-026 based on the finding of facts and the testimony given tonight and recommendations from Staff to approve Case 17-026 to change the zoning from R-1 to R-3. Second by Commissioner Storey. The motion passed by a voice vote of four to zero. (Absent: Chair Brown, Commissioner Childress, and Commissioner McDaniel.) 2. 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) Commissioner Storey made a MOTION to waive the Reading Finding of Facts and Land Use and Zoning Considerations for Case 17-028. Second by Commissioner Gross. The motion passed by a voice vote of four to zero. (Absent: Chair Brown, Commissioner Childress, and Commissioner McDaniel.) Vice Chair Armstrong: Is there anyone wishing to speak in favor of Case: 17-028? In Favor: Sean Milks, Gravity Pad Towers Kevin Winner, Gravity Pad Towers Mike Wearing AT&T FirstNet Representative for NM Vice Chair Armstrong: Is there anyone wishing to speak against Case: 17-028? Against: None Ms. Hildreth introduced Mel Patterson with CMS, the City’s Telecommunications Consultant in the room and available for questions. Mr. Morris: Staff concurs with Mr. Patterson’s recommendation to approve the tower for co- locations. Planning & Zoning Commission December 19, 2017 Minutes Page 6 of 9  Mr. Patterson with the Center for Municipal Solutions (CMS) stated to make sure the variance for the setback includes the specifics CMS recommended including Class III structural requirements and the tower’s loading capacity not exceed ninety percent for the tower’s lifetime. With those conditions, Mr. Patterson stated he had no objections to the setback variance being granted. MOTION – 17-028 VAR Commissioner Storey made a motion to approve Case Number 17-028 along with the finding of facts, the land use and zoning considerations, specific requirements required as part of the setback waiver with Class III specifications and stealth design based on testimony we heard tonight and Mr. Patterson’s testimony. Second by Commissioner Gross. The motion passed by a voice vote of four to zero. (Absent: Chair Brown, Commissioner Childress, and Commissioner McDaniel.) 3. 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) Commissioner Storey made a MOTION to waive the Reading of the Land Use and Zoning Considerations and Finding of Facts for Case 17-027. Second by Commissioner Gross. The motion passed by a voice vote of four to zero. (Absent: Chair Brown, Commissioner Childress, and Commissioner McDaniel.) Vice Chair Armstrong: Is there anyone wishing to speak in favor of Case: 17-027? In Favor: Sean Milks, Gravity Pad Towers Kevin Winner, Gravity Pad Towers Mark Willard Against: Adam Barela, Security Supervisor at Lovelace Hospital Planning & Zoning Commission December 19, 2017 Minutes Page 7 of 9  Mr. Winner stated in response to the helicopter flight path that the tower company is willing to locate the tower approximately one-hundred feet west to the west side of the lot so the tower is approximately one-hundred seventy feet away instead of seventy feet from the flight path and near the existing forty-five foot tall power lines. The tower company is also willing to install a medium intensity strobe during the day and a single solid red light at night and refile with the FAA as a lit structure in the interest of safety. Ms. Hildreth cited Section 5 of the Article pertaining to Telecommunications in the Zoning Ordinance that “Telecommunications facilities shall not be lighted or marked, unless required by law.” Vice Chair Armstrong stated that it would be common sense for the tower to be lit from a safety stand point and asked how to address that issue. Mr. Morris: It would be part of the Commission’s motion. Mr. Patterson with CMS, the City’s Telecommunications Consultant stated he would have no objection to the setback waiver for this specific site if the Commission applies the same criteria applied to the other site including Class III requirements and no more than ninety percent loading. Regarding lighting the tower, it would be prudent for the hospital to file their flight path with the FAA. If the FAA, hospital, and helicopter operators can agree, Mr. Patterson stated he would have no objections and that lighting should be the last resort. There are ways to up-light and not affect the neighborhoods. Mr. Morris clarified that during Staff discussions with the FAA, is was not that the FAA had no issues with the application, but the FAA did not have jurisdiction because the flight operators never filed for a protected route status. This is a safety issue. Mr. Morris recommended tabling the case in order to have a clear understanding of where the tower will be located, with lights, and with a site plan showing exactly where it will go. Mr. Patterson: If the company relocates the tower to the west and with a light, they will have to refile with the FAA. Mr. Morris: We could list conditions including paperwork from the FAA before they could proceed. Planning & Zoning Commission December 19, 2017 Minutes Page 8 of 9  Ms. Hildreth asked Mr. Milks if the tower is in the location on the original site plan, or at the front of the site. Mr. Milks and Mr. Winner stated the tower would be approximately ten feet away from the east side of the alley in north east corner with a dark brown CMU wall. MOTION – 17-027 VAR Mr. Storey made a Motion to approve Case Number 17-027 along with the finding of facts, stipulations in the packet, Staff recommendations, that the pole be lit, that the pole be moved to the west approximately one-hundred feet, that the application refile and submit plans back to Planning & Zoning Commission, and to include Mr. Patterson’s recommendations in his letter, and also set forth in the packet and the testimony we received tonight. Second by Commissioner Gross. The motion passed by a voice vote of four to zero. (Absent: Chair Brown, Commissioner Childress, and Commissioner McDaniel.) 5. 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. I. OTHER BUSINESS J. PUBLIC COMMENTS General Comments wishing everyone safe and happy holidays. K. ADJOURN The meeting adjourned at 7:06 p.m. Planning & Zoning Commission December 19, 2017 Minutes Page 9 of 9 EXHIBIT A: 18-001 VAR APPLICATION  EXHIBIT B: STAFF SUMMARY FOR CASE 18-001 (VAR) 205 E CONNER STREET (Page 1 of 4) Roswell Planning & Zoning Commission 6:00 p.m., Tuesday, January 23, 2018 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 18-001 (VAR): REQUEST FOR A VARIANCE I. Property Location: 205 E CONNER Legal Description: Subd: KEITHS SOUTHSIDE 2 Block: 4 Lot: 20 BK 622 PG 708 WD Owner: CLAUDIA MARTINEZ Request: Request for a Variance for a carport in the front yard setback II. Site Data: Site Area: 63 feet wide by 109 feet depth: 6867 ± square feet UPC: 4136064089110000000 Existing Land Use: Single Family Residential Proposed Land Use: Existing Zoning: R-1 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Vacant R-1 South Residential R-1 East Residential R-1 West Residential R-1 Planning & Zoning, 18-001 VAR Page 1 of 4 January 23, 2018  EXHIBIT B: STAFF SUMMARY FOR CASE 18-001 (VAR) 205 E CONNER (Page 2 of 4) Chaves County Assessor’s Map Zoning Map for 18-001 (VAR) Planning & Zoning, 18-001 VAR Page 2 of 4 January 23, 2018  EXHIBIT B: STAFF SUMMARY FOR CASE 18-001 (VAR) 205 E CONNER STREET (Page 3 of 4) III. Intent of Petition: The owner of the residential property at 205 E Conner Street is requesting a variance to allow an existing 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 a twenty-five (25) foot front yard setback. 3. Carport is approximately eight feet (8’) from front property line. 4. Carport was constructed without a building permit. 5. Photos below show the existing carport at 205 E Conner Street. Planning & Zoning, 18-001 VAR Page 3 of 4 January 23, 2018  EXHIBIT B: STAFF SUMMARY FOR CASE 18-001 (VAR) 205 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 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 18-001 VAR be denied. 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 if a decision is made to grant a Variance. Planning & Zoning, 18-001 VAR Page 4 of 4 January 23, 2018  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 18-001 (VAR) LETTER SENT VIA CERTIFIED MAIL ON JANUARY 5, 2018 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 18-001 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 18-001 VAR. The Property Owner in this case is requesting a Variance for a carport in the front yard setback. PROPERTY LOCATION: 205 E CONNER AVE LEGAL DESCRIPTION: Subd: KEITHS SOUTHSIDE 2 Block: 4 Lot: 20 BK 622 PG 708 WD OWNER OF PROPERTY: CLAUDIA MARTINEZ ZONING DISTRICT: R-1 The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, JANUARY 23, 2018 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 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, January 17, 2018. 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 18-001 (VAR) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR VARIANCE AND PROPERTIES WITHIN NOTIFICATION AREA 6 5 4 7 1 2 3 8 9 10 11 12 13 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA  EXHIBIT E: 18-001 VAR -- LIST OF PROPERTY OWNERS NOTIFIED 1. CLAUDIA MARTINEZ 205 E CONNER ST ROSWELL, NM 88203 2. CHARLES E LUECHTEFELF JR; EDDIE L LUECHTEFELD 807 THIRD ST ALAMOGORDO, NM 88310 3. MICHAEL SANDOVAL 2001 S ADAMS DR ROSWELL, NM 88203 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. ARTHUR R GONZALES; TINA GONZALES 203 E CONNER ST ROSWELL, NM 88203 9. MARTHA DE LA PENA 202 E CONNER ST ROSWELL, NM 88203 10. AARON ORDONEZ-HERMOSILLO 204 E CONNER ST ROSWELL, NM 88203 11. GUADALUPE MARTINEZ 206 E CONNER ST ROSWELL, NM 88203 12. ALEXIS ARIEL GONZALEZ 208 E CONNER ST ROSWELL, NM 88203 13. ARACELI ARELLANES 706 S ADAMS AVE ROSWELL, NM 88203  AGENDA ITEM 2 JANUARY 23, 2018 PLANNING & ZONING COMMISSION STAFF SUMMARY FOR TEXT AMENDMENTS PROPOSED ORDINANCE NO. 17-XX (PAGE 1 OF 2) Roswell Planning & Zoning Commission Tuesday, January 23, 2018 at 6:00 p.m. Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street Consideration of recommending approval for modification of text in Zoning Ordinance. ACTION REQUESTED: PROPOSED TEXT AMENDMENTS TO THE CITY OF ROSWELL ZONING ORDINANCE FOR THE FOLLOWING Staff requests Planning and Zoning Commission consider recommendation of approval of Proposed Text Amendments: ARTICLE 19: I-1 LIGHT INDUSTRIAL DISTRICT; ARTICLE 20: I-2 HEAVY INDUSTRIAL DISTRICT; and ARTICLE 4: DEFINITIONS BACKGROUND: Staff proposed modification of Zoning Ordinance text governing the I-1 and I-2 Zoning Districts to allow for transitional housing as a Conditional Use. The locational criteria addresses minimum site size, fencing, separation from residential areas, insurance and internal requirements. The City’s Infrastructure Committee reviewed and recommended approval of the proposed text amendments at the December 12, 2017 Infrastructure Committee Meeting. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. LEGAL REVIEW: Legal Committee will review these proposed text amendments upon recommendation by Planning & Zoning Commission. If recommended for approval, the text amendment will be submitted to the City Council for final action. BOARD OR COMMITTEE ACTION: This item was placed on November 28, 2017 Planning & Zoning Commission and tabled until further review by the Infrastructure Committee. STAFF RECOMMENDATION: Staff Recommends Planning & Zoning Commission recommend approval of this Item at the January 23, 2018 Planning & Zoning Commission Meeting.  ORDINANCE NO. 18-XX AN ORDINANCE OF THE CITY OF ROSWELL MODIFYING ZONING ORDINANCE ARTICLE 4 (DEFINITIONS), ARTICLE 19 (I-1 LIGHT INDUSTRIAL DISTRICT) AND ARTICLE 20 (I-2 HEAVY INDUSTRIAL DISTRICT), TO ALLOW FOR TRANSITIONAL HOUSING SITE AS A CONDITIONAL USE, AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Roswell, New Mexico, has determined that there are a significant number of people who are homeless; and, WHEREAS, the City of Roswell City Council has determined that there is a need to determine appropriate zoning districts and criteria to allow for transitional housing use; and. WHEREAS, the City Council has determined that it is in the best interest of the City to allow for transitional housing uses in the I-1 and 1-2 zoning districts as a Conditional Use. NOW THEREFORE, be it ordained by the governing body of the City of Roswell, State of New Mexico: Section 1. Modifications Text Which is New Text Which Has Been Deleted ARTICLE 4: DEFINITIONS Transitional Housing: Temporary housing for the homeless population which is set up to assist in the transition of the residents from a homeless situation into permanent, affordable housing. This housing can include kitchens, training rooms, and other types of support services located onsite. This definition does not pertain to group housing as identified in the federal Fair Housing Act. ARTICLE 19: I-1 LIGHT INDUSTRIAL DISTRICT Section 1. Purpose This district is intended to provide for light manufacturing, fabrication, assembly/disassembly, processing, and treatment activities conducted in a manner not detrimental to the rest of the community by reason of emission or creation of noise, vibration, smoke, dust or other particulates, toxic or noxious materials, odors, fire, explosive hazards, glare, or heat. Section 2. Use Regulations Draft Ordinance 17-XX Page 1 of 5 Trans. Housing  A. Permitted Uses are as follows: 1. Any use permitted in the C-2 districts, except for assisted living homes, group care homes, convalescent homes, and retirement centers, etc. 2. Any primary use which includes light manufacturing, fabrication, assembly/disassembly, processing or treatment of goods and products 3. Bottling works 4. Bus stations and terminals 5. Food and grain processing, canning, and storage, excluding meat, fish, and poultry 6. Gun clubs containing an indoor firing range 7. Machinery and service for farm, tractor and trailer rigs, and well drilling equipment 8. Outdoor theaters, drive-in 9. Parcel delivery, mail order services, and motor freight terminals 10. Wholesale distribution centers 11. Warehouses with outside storage 12. Welding 13. Any other use meeting the intent of this Article and comparable with the above B. Special Uses are as follows: 1. Airports, heliports, and aircraft landing fields 2. Hospitals and sanitariums 3. Livestock feed and sales yards 4. Oil and gas wells and pumping stations 5. Penal, correctional, and other institutions necessitating restraint of patients 6. Saw mills or other similar types of mills like pulp mills 7. Recycling activities in a structure with outside storage as a secondary use. Outside storage to be screened with an 8 foot high solid wall except for access openings, with a maximum opening of 16 feet with a solid gate(s) 8. Recycling center with outside storage as a principal use, such as a junk yards C. Conditional Uses are as follows: 1. Transitional Housing Site, subject to the following: a. Minimum lot area shall be no less than two (2) acres. b. The site shall be under the control by a licensed 501 entity. c. The entire site shall be fenced with a height of at least six (6) eight (8) feet of screening to visually block the site, which Draft Ordinance 17-XX Page 2 of 5 Trans. Housing  will also include a manned entry point into the site with 24- hour security. d. No such site shall be established or located within five hundred (500) 750 feet of any existing residential zone (to the extent such residential zone may feasibly be used for a residential dwelling unit of a type permitted by the City), residential use, park, public building (which the public is authorized to attend), religious institution, school, boys club, girls club, child care facility, licensed, or similar existing youth organization. The distances set forth above shall be measured in a straight line from the nearest property lines of the transitional housing site to the property lines of the property so zoned or used without regard to intervening structures, easements,or rights-of-way. e. Any tents to be used onsite shall be located on ten foot by foot (10’ x 10’) elevated space. Tent pads will be separated ten from other tent pads by at least ten (10’) feet. f. The site shall be served with adequate capacity of sanitary facilities, trash receptacles, and potable water options. g. Areas for single parents with children and females shall be provided to ensure separation from the male facilities. h. Site will need to be able to meet the standards and provisions of Article 24 (Special Flood Hazard Areas). i. Adequate insurance to be able to protect the property owner if the site is to be leased by the 501 entity. ARTICLE 20: I-2 HEAVY INDUSTRIAL DISTRICT Section 1. Purpose This district is intended to provide for a wide range of industrial activities including heavy manufacturing, fabrication, assembly/disassembly, processing, and treatment activities conducted in a manner not detrimental to the rest of the community by reason of the emission or creation of noise, vibration, smoke, dust, or other particulate matter, toxic or noxious materials, odors, fire, explosive hazards, glare, or heat. Section 2. Use Regulations A. Permitted uses are as follows: 1. Any use permitted in the I-1 District 2. Any primary use which includes heavy manufacturing, fabrication, assembly, disassembly, processing, and/or treatment of goods and products 3. Food and grain processing, canning, and storage, including meat, Draft Ordinance 17-XX Page 3 of 5 Trans. Housing  fish, and poultry 4. Foundries, iron works, and steel fabricating 5. Livestock feed and sales yards 6. Recycling center with outside storage as a principal use, such as a junk yards 7. Petroleum products including refining and storage 8. Saw mills and other types of mills 9. Any other use that is similar and comparable to those listed above B. Special Uses are as follows: 1. Any special use permitted in the I-1 District 2. Mining, loading, and hauling of sand, gravel, top soil, or other aggregate or minerals, including equipment and buildings or structures for screening, crushing, mixing, washing, storage, or office purposes 3. Recycling activities with a structure and permanent outside storage. All outside storage shall be screened with a minimum of an 8 foot high solid wall except for access openings, with a maximum opening of 16 feet with a solid gate(s) 4. Sexually Oriented Business C. Conditional Uses are as follows: 1. Any Conditional Use permitted in the I-1 District. 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 XXth day of XXXXXXXXXX, 201X. CITY SEAL _____________________________ Dennis Kintigh, Mayor Draft Ordinance 17-XX Page 4 of 5 Trans. Housing ATTEST: _____________________________ Sharon Coll, City Clerk Draft Ordinance 17-XX Page 5 of 5 Trans. Housing