Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, March 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 February 27, 2018 P&Z Regular Meeting Minutes F. Public Hearing Items 1. CASE 18-003 CUP: A Request for Conditional Use Permit for Major Home Occupation - Daycare for up to 12 children in the R-1 Residential Zoning District. Legal Description: Subd: STEVEALLEN Block: 2 Lot: 7 BK 761 PG 1242 SWD. Property Address: 2003 W Juniper Street (Owner: Debbie Espinoza; Agent: Martin Espinoza). 2. CASE 18-004 VAR: A Request for a Variance to Rear Yard Setback, Street Side Yard Setback, Rear Yard Coverage for Garage, and non-standard Drivepad. Legal Description: Subd: STEVEALLEN #2 REDIV Block: 1 Lot: 6 BK 585 PG 1137 REC. Property Address: 17 Cedar Drive (Owner: Michael Garcia). 3. NOMINATION OF P&Z COMMISSION MEMBERS TO FILL VACANCIES: The Planning & Zoning Commission will nominate three applicants 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: March 21, 2018 Planning & Zoning Commission Agenda 1 March 27, 2018  P&Z REGULAR MEETING DRAFT MINUTES Tuesday, February 27, 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 Chair Brown. B. ROLL-CALL Ralph Brown (Chair) PRESENT Riley Armstrong (Vice Chair) ABSENT Toby Gross PRESENT Shirley Childress PRESENT David Storey PRESENT Kent Taylor PRESENT Jesse McDaniel PRESENT Staff Members Present: Merideth Hildreth, AICP, Planning & Zoning Administrator William Morris, AICP, CZO, Planning Manager Miguel Martinez, Planning & Zoning Administrator Audience Members Present: Frank Patterson Larry Connolly Lisa Dunlap Planning & Zoning Commission February 27, 2018 Minutes Page 1 of 4  C. SWEARING IN: Chair Brown swore in staff and members of the audience. D. APPROVAL OF THE AGENDA Mr. Morris asked the Commission to consider pulling Agenda Item F.2. (Nomination of Planning & Zoning Commissioners to fill vacancies) from tonight’s agenda and hearing it next month per the City Clerk’s request. Commissioner Childress made a MOTION to approve the agenda as amended. Second by Commissioner Storey. The motion passed by a voice vote of six to zero. (Absent: Vice Chair Armstrong.) E. MINUTES: Consider approval of the January 23, 2018 P&Z Regular Meeting Minutes Commissioner Gross made a MOTION to approve the January 23, 2018, Regular Meeting Minutes with one change on Item A to reflect Vice Chair Armstrong, not Chair Ralph Brown, who called the meeting to order. Second by Commissioner Storey. The motion passed by a voice vote of 6 to zero. (Absent: Vice Chair Armstrong.) F. ACTION ITEMS (PUBLIC HEARING ITEMS): 1. CASE 18-002 SUP: A Request for Special Use Permit for a professional office in the R- 3 Residential Zoning 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.) Commissioner Storey made a MOTION to waive the Reading of the Land Use and Zoning Considerations and Findings of Facts for Case 18-002. Second by Commissioner Childress. The motion passed by a voice vote of six to zero. (Absent: Vice Chair Armstrong.) Chair Brown: Is there anyone wishing to speak in favor of Case: 18-002? In Favor: Frank Patterson who stated the conditions listed to provide off-street parking, install an ADA ramp from the parking area to the front entrance, and fix sidewalk along the front are manageable. Planning & Zoning Commission February 27, 2018 Minutes Page 2 of 4  Chair Brown: Any appeals to City Council for approvals or denials are due on Thursday by noontime in the City Clerk's Office. Commissioner Storey asked if just the sidewalks on Seventh Street are to be fixed or if that includes the sidewalks on Missouri Avenue, and if the property meets the landscaping requirements. Mr. Morris stated all sidewalks in the Right-of-Way are the responsibility of the citizen using the property. Cleaning up the landscaping, clearing the dead vegetation, and refresh landscaping with new plants here and there would suffice for the landscaping. Chair Brown: Is there anyone wishing to speak against Case 18-002? Against: None Commissioner Gross asked if there would be an issue with the sign. Mr. Morris stated that law offices in the general area have signs that are appropriate such as the monument style signs. Having signage is possible. Law offices are like a historic preservation program in this area. Staff supports this endeavor. MOTION – 18-002 SUP Commissioner Storey made a motion to approve Case 18-002 a request for a Special Use Permit for a Professional Office in the R-3 Residential Zoning District along with the findings of facts, the land use and zoning considerations, the conditions included in Section 7, with testimony and material we have heard and received this evening. Second by Commissioner McDaniel. The motion passed by a voice vote of six to zero. (Absent: Vice Chair Armstrong.) 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 Planning & Zoning Commission February 27, 2018 Minutes Page 3 of 4  H. PUBLIC COMMENTS Commissioner Gross wished Ralph Brown well and thanked him for his service on the Planning & Zoning Commission and to the City of Roswell. Chair Brown stated he enjoyed his time serving on the Community Improvements Commission for eight years and on the Planning & Zoning Commission for eight years, and it was a pleasure working with the Commissioners and Staff to hopefully make Roswell a better place. Mr. Morris thanked Chair Brown and the Commissioners leaving (Shirley Childress and Toby Gross) on behalf of Staff and how much everything the Commissioners have done is appreciated. Mr. Morris continued that this is one of the better if not the best Planning Commission he’s ever worked with and wished everyone well. Commissioner Storey asked about the Planning & Zoning Commission member nominations and terms. Mr. Morris said the City Clerk is compiling a list of applicants. Staff will bring this item back next month. The Planning and Zoning Commission will make a recommendation for three new members. The recommendation will go to the Mayor. The Mayor will make a decision on who he wants as new members on the Planning & Zoning Commission in April. The Mayor’s selections will go to City Council for ratification. There is a process. City Council’s meeting has been moved to the third Thursday in March. I. ADJOURN Chair Brown adjourned the meeting at 6:18 p.m. Planning & Zoning Commission February 27, 2018 Minutes Page 4 of 4 EXHIBIT A: 18-003 CUP APPLICATION  EXHIBIT B: STAFF SUMMARY FOR CASE 18-003 (CUP) 2003 W Juniper Street (Page 1 of 4) Roswell Planning & Zoning Commission Tuesday, March 27, 2018 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 18-003 (CUP): A REQUEST FOR A CONDITIONAL USE PERMIT I. Property Location: 2003 W Juniper Street Legal Description: Subd: STEVEALLEN Block: 2 Lot: 7 BK 761 PG 1242 SWD. Owner: Debbie Espinoza Agent: Martin Espinoza Request: A Request for Conditional Use Permit for Major Home Occupation - Daycare for up to 12 children in the R-1 Residential Zoning District. II. Site Data: Site Area: 60’ X 104’8” UPC: 4134062195055000000 Existing Land Use: Single Family Home with Minor Home Occupation Daycare for up to six children. Proposed Land Use: Single Family Home with Major Home Occupation Daycare for up to twelve children Existing Zoning: R-1 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Residential R-3 South Residential R-1 East Residential R-1 West Residential R-1 Planning & Zoning, 18-003 CUP Page 1 of 4 March 27, 2018  EXHIBIT B: STAFF SUMMARY FOR CASE 18-003 (CUP)  2003 W JUNIPER STREET (Page 2 of 4) Chaves County Assessor’s Map Google Earth Images 3/2013 Zoning Map for 18-003 (CUP) Planning & Zoning, 18-003 CUP Page 2 of 4 March 27, 2018  EXHIBIT B: STAFF SUMMARY FOR CASE 18-003 (CUP) 2003 W JUNIPER STREET (Page 3 of 4) III. Intent of Petition: The owner and agent of the residential property at 2003 W Juniper Street are requesting a Conditional Use Permit to increase the size of an existing in-home daycare from six children (minor home occupation) to twelve children as a major home occupation in the R-1 Zoning District. IV. Land Use and Zoning Considerations: 1. The property under consideration is an internal lot currently zoned R-1. 2. The owner has no outside employees at this time. The occupants of the house operate the day care. 3. Zoning Ordinance Article 28: HOME OCCUPATIONS Section 6. Standards and Regulations for Major Home Occupations specifies: “B. No more than one employee, plus the inhabitants of the residence shall be on the premises at one time to conduct the Major Home Occupation.” “E. Group Day Care Homes for Children shall be limited to more than 6 but less than 12 children, as determined by the State. The Planning and Zoning Commission shall determine allowable business hours base on the nature of the business. 4. This in-home daycare is considered a twenty-four/7 (24/7) daycare. During weekdays from approximately 7:00 a.m., to 4:00 p.m., there are six or fewer children in the home daycare. From approximately 4:00 p.m., until approximately 11:00 p.m., the home daycare may care for more than six children but no more than twelve children. The hours of operation is to accommodate parents who work in the oil field or have afternoon into evening shifts. The in-home daycare would like to be available to provide childcare on weekends as needed. 5. The drivepad at the residence is approximately thirty feet (30’) long from the façade of the house to back of sidewalk and approximately ten feet (10’) wide for approximately twenty feet (20’) behind the sidewalk onto the property. 6. The property is approximately 60’ wide by 105’ in depth. Planning & Zoning, 18-003 CUP Page 3 of 4 March 27, 2018  EXHIBIT B: STAFF SUMMARY FOR CASE 18-003 (CUP) 2003 W JUNIPER 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. At the time of this writing, the Planning & Zoning Office had received two (2) handwritten protests, and zero (0) verbal protests, and zero (0) written letters of support. 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 18-003 CUP to allow a Major Home Occupation for a Daycare for no more than twelve children and one employee outside of family members on the premises at a time with the following conditions: that the curb cut and paved driveway be widened with a City permit per City Standards to a minimum of eighteen feet (18’) in width by a minimum of eighteen feet (18’) in length per the Parking Standards specified in the Zoning Code’s Building and Performance Standards within one- hundred twenty days (120) days of approval of the minutes from this hearing; and the applicant provide to the City Zoning Office a copy of the license for up to twelve children issued by CYFD (Children Youth and Families Division). 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 Conditional Use Permit. A. Conditions may include the following: Widening the Curb Cut and Drivepad to accommodate parental drop-off and pick-up of children on the premises as well as parking of personal household vehicles. B. Hours of operation. C. Provide copy of CYFD License for up to twelve children to the Planning & Zoning Office. Planning & Zoning, 18-003 CUP Page 4 of 4 March 27, 2018 EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 18-003 (CUP) LETTER SENT VIA CERTIFIED MAIL ON MARCH 12, 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 18-003 CUP Application for a Conditional 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 18-003 CUP. The Property Owner in this case is requesting a Conditional Use Permit for a Major Home Occupation to operate a daycare for up to twelve (12) children. PROPERTY LOCATION: 2003 W Juniper Street LEGAL DESCRIPTION: Subd: STEVEALLEN Block: 2 Lot: 7 BK 761 PG 1242 SWD. OWNER OF PROPERTY: Debbie Espinoza AGENT: Martin Espinoza ZONING DISTRICT: R-1 Request: A Request for Conditional Use Permit for Major Home Occupation - Daycare for up to 12 children in the R-1 Residential Zoning District. The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, March 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, March 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, Merideth Hildreth, M.A., AICP (Area Map on Reverse Side ) Planning & Zoning Administrator EXHIBIT D: CASE 18-003 (CUP) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR A SPECIAL USE PERMIT AND PROPERTIES WITHIN NOTIFICATION AREA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA 2003 W JUNIPER STREET  EXHIBIT E: 18-003 (CUP) LIST OF PROPERTY OWNERS NOTIFIED 1 PATRICK J WILLIAMS OR CURRENT OWNER 9 2006 W 1ST ST DIANE J MORGENTHALER OR CURRENT OWNER ROSWELL, NM 88203 2001 W JUNIPER ST ROSWELL, NM 88201 2 FILIPITA G DENNIS 10 2100 W 1ST STREET JOE J DIAZ & ALMA R DIAZ ROSWELL, NM 88203 PO BOX 3237 ROSWELL, NM 88202 2 FILIPITA G DENNIS OR CURRENT OWNER 10 2004 W 1ST STREET JOE J DIAZ & ALMA R DIAZ OR CURRENT OWNER ROSWELL, NM 88203 1909 W JUNIPER ST ROSWELL, NM 88203 3 LARRY DALE & MARGIE GAIL STEVENS OR OWNER 11 2002 W 1ST STREET CAROLE ANN HENDRICKS OR CURRENT OWNER ROSWELL, NM 88203 2006 W JUNIPER ST ROSWELL, NM 88203 4 LARRY D & MARGIE G STEVENS OR CURRENT OWNER 12 2000 W 1ST STREET JUDY MCDONALD ROSWELL, NM 88203 PO BOX 1227 ROSWELL, NM 88202 5 JOHNNY PACHECO 12 713 W JAFFA ST JUDY MCDONALD OR CURRENT OWNER ROSWELL, NM 88203 2004 W JUNIPER ST ROSWELL, NM 88203 5 JOHNNY PACHECO OR CURRENT OWNER 13 1908 W 1ST STREET RENEE R ROMERO OR CURRENT OWNER ROSWELL, NM 88203 2000 W JUNIPER ST ROSWELL, NM 88203 6 PETE R HERNANDEZ JR & BARBARA HERNANDEZ 14 2007 W JUNIPER ST DEBBIE ESPINOZA, MARTIN ESPINOZA, MARISSA ESPINOZA ROSWELL, NM 88203 1910 W JUNIPER ST ROSWELL, NM 88203 7 KATHLEEN ANN KAUTZ OR CURRENT OWNER 2005 W JUNIPER ST ROSWELL, NM 88203 8 DEBBIE ESPINOZA 1910 W JUNIPER ST ROSWELL, NM 88203 8 MARTIN ESPINOZA & SONYA LARA 2003 W JUNIPER ST ROSWELL, NM 88203 9 DIANE J MORGENTHALER 804 N HALL DR ROSWELL, NM 88201  EXHIBIT F: 18-003 CUP - PROTEST NOTES (PAGE 1 OF 5) COPY OF ENVELOPE 1 THE FOLLOWING TWO ANONYMOUS HANDWRITTEN PROTEST NOTES WERE HAND DELIVERED TO THE PLANNING & ZONING OFFICE ON TUESDAY, MARCH 20, 2018. COPY OF ENVELOPE 2 EXHIBIT F: 18-003 CUP - PROTEST LETTERS (PAGE 2 OF 5) PROTEST NOTE 1: PAGE 1 OF 2  EXHIBIT F: 18-003 CUP - PROTEST LETTERS (PAGE 3 OF 5) PROTEST NOTE 1: PAGE2 OF 2 EXHIBIT F: 18-003 CUP - PROTEST LETTERS (PAGE 4 OF 5) PROTEST NOTE 2: PAGE 1 OF 2  EXHIBIT F: 18-003 CUP - PROTEST LETTERS (PAGE 5 OF 5) PROTEST NOTE 2: PAGE 2 OF 2 EXHIBIT A: 18-004 VAR APPLICATION  EXHIBIT B: STAFF SUMMARY FOR CASE 18-004 (VAR) 17 CEDAR DRIVE (PAGE 1 OF 7) Roswell Planning & Zoning Commission Tuesday, March 27, 2018 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street APPLICATION: CASE 18-004 (VAR): A REQUEST FOR VARIANCES FOR GARAGE I. Property Location: 17 Cedar Drive Legal Description: Subd: STEVEALLEN #2 REDIV Block: 1 Lot: 6 BK 585 PG 1137 REC. Owner: Michael Garcia Request: A Request for the following variances in zoning: Zero foot Street Side Yard Setback on Cedar Avenue, one foot Rear Yard Setback on alley side for garage that is fourteen feet (14’) tall at the peak, Variance to allow up to forty-five percent rear yard coverage, and variance for Driveway Slope and ADA requirement due to slope from street to side yard. II. Site Data: Site Area: 60’ X 103’ Corner Lot UPC: 4134062176084000000 Existing Land Use: Single Family Home with Accessory Garage Proposed Land Use: Single Family Home with 20’x26’ Accessory Garage 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 Residential R-1 Planning & Zoning, 18-004 VAR Page 1 of 7 March 27, 2018  EXHIBIT B: STAFF SUMMARY FOR CASE 18-004 (VAR)  17 CEDAR DRIVE (PAGE 2 OF 7) Chaves County Assessor’s Map Zoning Map for 18-004 (VAR) Planning & Zoning, 18-004 VAR Page 2 of 7 March 27, 2018  EXHIBIT B: STAFF SUMMARY FOR CASE 18-004 (VAR) 17 CEDAR DRIVE (PAGE 3 OF 7) III. Intent of Petition: The owner of the residential property at 17 Cedar Drive is requesting Variances for Zero foot Street Side Yard Setback on Cedar Avenue, one foot Rear Yard Setback on alley side for garage that is fourteen feet (14’) tall at the peak, Variance to allow up to forty-five percent rear yard coverage, and variance for Driveway Slope and ADA requirement due to slope from street to side yard. IV. Land Use and Zoning Considerations: 1. The property under consideration is an internal lot currently zoned R-1. 2. The property is approximately 60’ wide by 103’ in depth and has a small rear yard approximately 22’ in depth by 60’ in width. 3. Chaves County Assessor Information indicates the house was constructed in 1956. 4. Garage (20’ X 26’) built without a building permit occupies more than forty (40) percent of total Rear Yard Setback. 5. Minimum requirement for an accessory structure is a fifteen foot (15’) Street Side Yard Setback. 6. Garage is situated approximately on the Street Side Yard property line with approximately zero foot setback. 7. Garage is approximately one foot (1’) from rear property line. 8. There is less than one foot (1’) separation between structures. The minimum requirement is ten (10) feet separation between structures. 9. Garage stands approximately fourteen (14) feet in height. 10. Garage is a portable building assembled on site by a contractor without a permit and without a City Business License 11. Affordable Portables, dealer located in Chaves County, sold structure to applicant. Staff contacted the dealer who told Staff that the dealer’s policy makes property owners responsible for obtaining building permits prior to installation of structures. Dealer arranges a third party contractor to install structures. Staff visited Affordable Portables to discuss their process. Staff has invited the dealer to visit the Planning & Zoning Office to discuss ways to avoid future installations of non-complying structures without permits. 12. Curb Cut and Driveway were installed without a permit from the City Planning & Engineering Office, do not meet City specifications, and are not ADA compliant. Planning & Zoning, 18-004 VAR Page 3 of 7 March 27, 2018  EXHIBIT B: STAFF SUMMARY FOR CASE 18-004 (VAR) 17 CEDAR DRIVE (PAGE 4 OF 7) Staff Photo taken 2/13/2018: Photo shows garage is located approximately on Street Side Yard property line parallel with Cedar Avenue. Photo also shows garage is located approximately one foot from back fence. Photo shows lack of specified sidewalk configuration on drivepad. Staff Photo taken 2/13/2018: Photo shows steep slope of drivepad and does not meet ADA standards. Planning & Zoning, 18-004 VAR Page 4 of 7 March 27, 2018  EXHIBIT B: STAFF SUMMARY FOR CASE 18-004 (VAR) 17 CEDAR DRIVE (PAGE 5 OF 7) Staff Photo taken 2/13/2018: Photo shows steep slope of new drivepad and slope of older drivepad to an older garage. Photo also shows difference of setbacks between the older garage and the new garage. Staff Photo taken 2/13/2018: Photo shows difference of setbacks between the original house facade and the new garage. Planning & Zoning, 18-004 VAR Page 5 of 7 March 27, 2018  EXHIBIT B: STAFF SUMMARY FOR CASE 18-004 (VAR) 17 CEDAR DRIVE (PAGE 6 OF 7) Site plan provided by Applicant showing new garage and approximate 11’ distance from curb for new garage and approximate 24’ distance from curb of house. 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, 18-004 VAR Page 6 of 7 March 27, 2018  EXHIBIT B: STAFF SUMMARY FOR CASE 18-004 (VAR) 17 CEDAR DRIVE (PAGE 7 OF 7) 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, the zoning district, and the regulations established in the Zoning Ordinance, Staff recommends denial of Zoning Case 18-004 VAR to allow existing 20’ by 26’ garage built without a city building permit to remain on the property and to deny variance for drivepad built without a city permit to remain without being brought into compliance. 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 if variances are granted. Planning & Zoning, 18-004 VAR Page 7 of 7 March 27, 2018 EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 18-004 (VAR) LETTER SENT VIA CERTIFIED MAIL ON MARCH 13, 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 18-004 VAR Application for a Conditional 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 18-004 VAR. The Property Owner in this case is requesting variances to the street side yard setback, rear yard setback, percentage of rear yard setback coverage, and driveway slope for a garage. PROPERTY LOCATION: 17 Cedar Drive LEGAL DESCRIPTION: Subd: STEVEALLEN #2 REDIV Block: 1 Lot: 6 BK 585 PG 1137 REC. OWNER OF PROPERTY: Michael Garcia ZONING DISTRICT: R-1 Request: A Request for Variances to the street side yard setback, rear yard setback, percentage of rear yard setback coverage, and driveway slope for garage installation. The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY, March 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, March 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, Merideth Hildreth, M.A., AICP (Area Map on Reverse Side ) Planning & Zoning Administrator EXHIBIT D: CASE 18-004 (VAR) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR A SPECIAL USE PERMIT AND PROPERTIES WITHIN NOTIFICATION AREA 1 2 3 4 5 6 7 8 9 10 11 12 13 15 14 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA 17 CEDAR DRIVE  EXHIBIT E: 18-004 (VAR) LIST OF PROPERTY OWNERS NOTIFIED 1 10 MELBA KELLEY & RONALD DEAN COURTS JOHNNY RAINS & JANE RAINS OR CURRENT OWNER 1200 N PENNSYLVANIA AVE 2012 W JUNIPER ST ROSWELL, NM 88201 ROSWELL, NM 88203 10 2 JOHNNY RAINS & JANE RAINS RONALD DEAN COURTS OR CURRENT OWNER COREY & SAAR M COURTS 13 CEDAR DR PO BOX 298 ROSWELL, NM 88203 ROSWELL, NM 88202 11 2 JULIA PAYAN, JAIMIE PAYAN, MARIA PAYAN VACANT PROPERTY OR CURRENT OWNER 2100 W JUNIPER 11 CEDAR DR ROSWELL, NM 88203 3 FELIX M PONCE & ESTER PONCE 12 OR CURRENT OWNER SARLI REALTY INC 2008 W JUNIPER 1516 S BROWN RD ROSWELL, NM 88203 ROSWELL, NM 88203 4 12 CAROLE ANN HENDRICKS OR CURRENT OWNER CURRENT RESIDENT 2006 W JUNIPER ST 29 CEDAR DR ROSWELL, NM 88203 ROSWELL, NM 88203 5 13 RAYMOND R HILLS & JUDITH M HILLS VERONICA Y TREVINO OR CURRENT OWNER OR CURRENT OWNER 25 CEDAR DR 10 CEDAR DR ROSWELL, NM 88203 ROSWELL, NM 88203 6 14 G A ROTTMAN & JINY S ROTTMAN LAURA BALBINO OR CURRENT RESIDENT 903 LE ANN DR 23 CEDAR DR ROSWELL, NM 88201 ROSWELL, NM 88203 14 7 LAURA BALBINO OR CURRENT RESIDENT JEFFREY TAFOYA & TILLIE SARAH TAFOYA 31 CEDAR DR OR CURRENT OWNER ROSWELL, NM 88203 21 CEDAR DR ROSWELL, NM 88203 15 KEITH ODELL & SUSAN ODELL 8 OR CURRENT OWNER MICHAEL E GARCIA 8 CEDAR DR 17 CEDAR DR ROSWELL, NM 88203 ROSWELL, NM 88203 9 DAVID S STEVENSON & FARAH A STEVENSON OR CURRENT OWNER 15 CEDAR DR ROSWELL, NM 88203  AGENDA ITEM 3 MARCH 27, 2018 PLANNING & ZONING COMMISSION STAFF SUMMARY FOR PLANNING & ZONING COMMISSION NOMINATIONS (PAGE 1 OF 1) Roswell Planning & Zoning Commission Tuesday, March 27, 2018 at 6:00 p.m. Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street NOMINATION OF P&Z COMMISSION MEMBERS TO FILL VACANCIES: The Planning & Zoning Commission will nominate three applicants 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 vacancies. 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 has selected three nominees from the list, the Commission may recommend the nominees to the Mayor. The Mayor may provide a list of nominees for City Council ratification at the City Council meeting scheduled for April 12, 2018. The new P&Z members will begin four year terms at the regularly scheduled April 2018 P&Z Meeting. As of the writing of this agenda item, the City Clerk’s Office had received four applications. All applications received in the City Clerk’s Office by noon on Monday prior to the P&Z Meeting will be made available at the time of the P&Z Commission Meeting. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. LEGAL REVIEW: None BOARD OR COMMITTEE ACTION: This item was placed on the February 27, 2018 Planning & Zoning Commission Agenda. Per the City Clerk’s Request, the agenda item was rescheduled to be heard at the March 27, 2018 P&Z meeting. STAFF RECOMMENDATION: Staff Recommends the Planning & Zoning Commission review the list of applicants and their applications to be provided at the Planning & Zoning Commission’s March 27, 2018 meeting, and recommend three of the applicants to the Mayor.