Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, February 27, 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 January 23, 2018 P&Z Regular Meeting Minutes F. Public Hearing Items 1. CASE 18-002 SUP: A Request for Special Use Permit for a professional office in the R-3 Residential District 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. NOMINATION OF P&Z COMMISSION MEMBERS TO FILL VACANCIES: The Planning & Zoning Commission will nominate three candidates to serve a four-year term. G. Other Business H. Public Comments I. Adjourn Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and Resolution 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: February 22, 2018 Planning & Zoning Commission Agenda 1 February 27, 2018  DRAFT P&Z REGULAR MEETING MINUTES Tuesday, January 23, 2018 - 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 PRESENT David Storey PRESENT Kent Taylor ABSENT Jesse McDaniel PRESENT Staff Members Present: Merideth Hildreth, AICP, Planning & Zoning Administrator William Morris, AICP, CZO, Planning Manager Miguel Martinez, Planning & Zoning Administrator Mike Christensen, City Building Inspector Audience Members Present: Jesus Carrusco Planning & Zoning Commission January 23, 2018 Minutes Page 1 of 5  C. SWEARING IN: Vice Chair Armstrong swore in staff and members of the audience. D. APPROVAL OF THE AGENDA Commissioner Storey made a MOTION to approve the agenda. Second by Commissioner Gross. The motion passed by a voice vote of five to zero. (Absent: Chair Brown, Commissioner Taylor.) E. MINUTES: Consider approval of the December 19, 2017 P&Z Regular Meeting Minutes Commissioner Storey made a MOTION to approve the minutes from the December 19, 2017 Planning & Zoning Commission Regular Meeting with the revised page 9 of 9 that was submitted to the Commission earlier. Second by Commissioner McDaniel. The motion passed by a voice vote of five to zero. (Absent: Chair Brown, Commissioner Taylor) F. ACTION ITEMS (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 708 WD. Property Address: 205 E Conner Street (Owner: Claudia Martinez / Representative: Jesus Carrasco) Commissioner Storey made a MOTION to waive the Reading of the Land Use and Zoning Considerations and Finding of Facts for Case Number 18-001 Variance. Second by Commissioner McDaniel. The motion passed by a voice vote of five to zero. (Absent: Chair Brown, Commissioner Taylor) Vice Chair Armstrong: Is there anyone wishing to speak in favor of Case: 18-001? In Favor: Jesus Carrasco Vice Chair Armstrong: Is there anyone wishing to speak against Case 18-001? Against: None Planning & Zoning Commission January 23, 2018 Minutes Page 2 of 5  Mr. Morris: Staff has been trying to be consistent with not allowing building in the front setback. Staff stands by the recommendation for denial of the variance. Mr. Christensen, the Building Inspector is available to answer questions. Vice Chair Armstrong: Decisions made by the Planning & Zoning Commission this evening may be appealed to the City Clerk in writing by noon on Thursday. MOTION – 18-001 VAR Commissioner Storey made a motion to deny Case Number 18-001 variance based on land use and zoning considerations, finding of facts, staff recommendation, and testimony heard this evening. Second by Commissioner Childress. The motion passed by a voice vote of five to zero. (Absent: Chair Brown, Commissioner Taylor.) Vice Chair Armstrong stated appeals to the City Council may be made in writing by noon on Thursday to the City Clerk. 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. Mr. Morris: City Council directed Staff to create a place in the Zoning Ordinance with criteria where a transitional housing structure (facility), defined as future housing for homeless people, could go. The Industrial Zoning Districts (I-1 and I-2) were chosen. It would be a conditional use with the listed criteria:  No less than two acres;  Under the control of 501c3;  Fenced with a six foot to eight foot tall fence;  Located beyond 500 feet of a residential district;  Tents could be used on site as long as they are on a ten by ten foot elevated slab to ensure living quarters are above storm water;  Provision is made for adequate sanitary facilities, trash receptacles, and potable water options;  If children are on-site with single-parents, they must be segregated from all male and all female sections;  The site must meet flood plain standards and be located outside flow-ways. Planning & Zoning Commission January 23, 2018 Minutes Page 3 of 5  Vice Chair Armstrong asked if the City would be responsible for sanitary facilities and trash receptacles. Mr. Morris replied this would be the function of a 501(c)(3). Staff is looking for a recommendation from the Planning & Zoning Commission. Commissioner Storey posed a question about the two-acre minimum. Mr. Morris: A transitional housing facility will be a big expenditure and effort. Staff wants to ensure there is adequate room for future expansion on site. There is a new intensity level for providing facilities. A two-acre site will also allow for ten by ten foot tent pads with adequate separation. Commissioner McDaniel asked what is the old Rivers of Life is zoned. Mr. Morris: The men's shelter is a C-2 designated spot. That building was never meant for human occupation. It was designed to be a laundry and to keep people out. Sometimes Rivers of Life had up to 20 people in there. Staff has recently received building permit application for improvements such as shower and toilet facilities. The occupancy level is for ten people. Staff is in the process of working through the building permit process with their architect. Staff considers them a non-conforming use as long as they can open within six months from the time Rivers of Life shut down. Mr. Morris: The Women and Children's shelter is R-1. Mr. Morris stated he understood it was built for human occupation. Vice Chair Armstrong mentioned the manned entry point. Mr. Morris explained the manned entry point is to maintain control of the site and introduce consistency of life rules and check in time. Commissioner McDaniel stated he understands the Homeless Coalition is looking for a full-time person for the Women and Children's facility. Commissioner Gross stated that page two of five calls for an eight foot tall fence. The cost of the eight foot fence will put a greater expense on the project over a six foot tall fence. Commissioner McDaniel agreed that a six foot tall fence would be adequate. Planning & Zoning Commission January 23, 2018 Minutes Page 4 of 5  Commissioner Storey and Mr. Morris clarified parents with children are to be separated from all male or all female sections. Commissioner Storey asked for clarification of the Proposed Ordinance 17-XXX or 18- XXX. Mr. Morris stated the “XX” was his nomenclature for a holding place. The process to draft the ordinance began in 2017, and continues in 2018. The City Clerk will assign the final ordinance number. Mr. Morris: Criteria specified in Conditional Use Permits are placed on the development order. MOTION – TEXT AMENDMENT FOR TRANSITIONAL HOUSING DEFINITION AND IN I-1 AND 1-2 DISTRICTS Commissioner Storey made a motion to recommend for approval the changes designated as Ordinance 18-XX changes to the I-1 and I-2 ordinance along with the recommendations that the fence height be changed from eight feet to six feet and with additional text on Section C. 1. line G to include separation from male and female facilities. Second by Commissioner McDaniel. The motion passed by a voice vote of five to zero. (Absent: Chair Brown, Commissioner Taylor) 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. Mr. Morris said City Council recommended eight to two to uphold Planning & Zoning Commission’s decision. H. PUBLIC COMMENTS None I. ADJOURN The meeting adjourned at 6:41 p.m. Planning & Zoning Commission January 23, 2018 Minutes Page 5 of 5 EXHIBIT A: 18-002 SUP APPLICATION  EXHIBIT B: STAFF SUMMARY FOR CASE 18-002 (SUP) 511 W 7TH Street (Page 1 of 5) Roswell Planning & Zoning Commission Tuesday, February 27, 2018 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 18-002 (SUP): A REQUEST FOR A SPECIAL USE PERMIT 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 Special Use Permit for a professional office in the R-3 Residential Zoning District 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: Special Use Permit in R-3 in order to operate a private legal practice at this location. Existing Zoning: R-3 (Zoning Case 17-026 ZOC) 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, 18-002 SUP Page 1 of 5 February 27, 2018  EXHIBIT B: STAFF SUMMARY FOR CASE 18-002 (SUP)  511 W 7TH ST (Page 2 of 5) Chaves County Assessor’s Map Staff Photo Taken 1/12/2018 Zoning Map for 18-002 (SUP) Google Earth Images 5/2013 Planning & Zoning, 18-002 SUP Page 2 of 5 February 27, 2018  EXHIBIT B: STAFF SUMMARY FOR CASE 18-002 (SUP) 511 W 7TH ST (Page 3 of 5) III. Intent of Petition: The owner of the residential property at 511 W 7th Street is requesting a Special Use Permit for a professional office in the R-3 Residential Zoning District in order to establish a private legal practice. IV. Land Use and Zoning Considerations: 1. The property under consideration is a corner lot and is currently zoned R-3. 2. The property was rezoned from R-1 to R-3 in December 2017 under Zoning Case 17-026 ZOC. 3. 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. 4. At this time, the owner does not reside on the property, which is also a requirement for a home occupation. 5. In order to establish a professional office on this property, the applicant is 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.” 6. The Mirador Apartments across the street on the west side of Missouri Avenue is zoned R-3. 7. 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. 8. The alley east of the property marks the boundary of the Historic District designated by the Historical Society for Southeast New Mexico, Inc. 9. 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. The renovation of this structure and adaptive reuse as a professional office will Staff Photo Taken 1/12/2018 preserve this historic building. Planning & Zoning, 18-002 SUP Page 3 of 5 February 27, 2018  EXHIBIT B: STAFF SUMMARY FOR CASE 18-002 (SUP) 511 W 7TH ST (Page 4 of 5) 10. A vacant lot is between the property under consideration and the alley. 11. An easement is between the property under consideration and the residential property to the north. 12. An area approximately fifty feet wide on the 7th Street Parking Area along Seventh Street side may be utilized as paved off-street parking for a Staff Photo Taken 1/12/2018 professional law office. 13. On average, this 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 Proposed Parking Configuration property owners of record, as shown by the Chaves Google Earth Images 5/1/2014 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 18-002 SUP. Planning & Zoning, 18-002 SUP Page 4 of 5 February 27, 2018  EXHIBIT B: STAFF SUMMARY FOR CASE 18-002 (SUP) 511 W 7TH ST (Page 4 of 5) VII. Action by the Planning & Zoning Commission: The Planning and Zoning Commission shall make a motion to approve or deny this application based on Findings of Fact, Land Use and Zoning Considerations, and testimony and material introduced at the hearing. The Planning and Zoning Commission may choose to add conditions to the granting of the Special Use Permit. Conditions may include the following: 1. Install paved parking area with one van accessible ADA Space and ADA aisle. 2. Install a ramp to the front porch to make the building ADA accessible. 3. Replace broken and damaged public sidewalk. 4. Replace broken concrete walkway on property. Sidewalk along Seventh Street Staff Photo Taken 1/12/2018 5. Provide landscaping plan showing removal of dead vegetation and replacement vegetation. 6. Upon submission of a building permit application, the application will undergo City Staff Plan Review Process. Property along Missouri Avenue Staff Photo Taken 1/12/2018 Walkway to Front Door Staff Photo Taken 1/12/2018 Planning & Zoning, 18-002 SUP Page 5 of 5 February 27, 2018  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 18-002 (SUP) LETTER SENT VIA CERTIFIED MAIL ON FEBRUARY 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 18-002 SUP Application for a Special Use Permit You have received this notice via certified mail because Chaves County Assessor information indicates you are a property owner of record within 100 feet of Planning & Zoning Case 18-002 SUP. The Property Owner in this case is requesting a Special Use Permit for a professional office in the R-3 Residential Zoning District 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-3 The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, February 27, 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 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, February 21, 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 18-002 (SUP) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR A SPECIAL USE PERMIT AND PROPERTIES WITHIN NOTIFICATION AREA 3 14 2 13 4 11 1 12 5 9 10 8 6 7 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA  EXHIBIT E: 18-002 (SUP) 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  AGENDA ITEM 2 FEBRUARY 27, 2018 PLANNING & ZONING COMMISSION STAFF SUMMARY FOR PLANNING & ZONING COMMISSION NOMINATIONS (PAGE 1 OF 1) Roswell Planning & Zoning Commission Tuesday, February 27, 2018 at 6:00 p.m. Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street Consideration of recommending to City Council nominees to fill Planning & Zoning Commission vacancies. NOMINATION OF P&Z COMMISSION MEMBERS TO FILL VACANCIES: The Planning & Zoning Commission will nominate three candidates to serve a four-year term. ACTION REQUESTED: Staff requests the Planning and Zoning Commission consider recommending a list of three nominees to fill three Planning & Zoning Commissioner positions whose terms expire in March 2018. BACKGROUND: Three of the Planning & Zoning Commission Members’ terms expire at the end of March 2018. The Planning & Zoning Commission may consider a list of interested citizens who submitted applications to the City Clerk’s office. Once the P&Z Commission have selected three nominees from the list, the Commission may recommend the nominees to the City Council for final approval at the April 12, 2018 City Council Meeting. The new P&Z members will begin four year terms at the Regular April 2018 P&Z Meeting. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. LEGAL REVIEW: None BOARD OR COMMITTEE ACTION: This item was placed on February 27, 2018 Planning & Zoning Commission Agenda. STAFF RECOMMENDATION: Staff Recommends Planning & Zoning Commission table this item to be heard at the March 27, 2018 Planning & Zoning Commission Meeting. This will allow an additional month for advertising the open positions and meet the City Council timeline.