Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, May 22, 2018 at 6:00 PM Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street Chair: Riley Armstrong; Vice Chair: David Storey; Secretary: Jesse McDaniel Members: Kent Taylor, Saul Aguilar, James MacCornack, Janna Lessard 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 April 24, 2018 P&Z Regular Meeting Minutes F. Public Hearing Items 1. 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). 2. PROPOSED TEXT AMENDMENTS TO THE CITY OF ROSWELL ZONING ORDINANCE: Several text Amendments to the City of Roswell Zoning Ordinance; addition of Reserve Articles; addition of the following Zoning Districts: Very Low Residential, Low Residential, Mixed Use Plaza, Parks and Recreation, Institutional, RV Parks; and Renumbering the Articles. 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: May 17, 2018 Planning & Zoning Commission Agenda 1 May 22, 2018  P&Z REGULAR MEETING DRAFT MINUTES Tuesday, April 24, 2018 - 6:00 PM Roswell Planning & Zoning Commission Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street Vice Chair: Riley Armstrong Members: David Storey, Saul Aguilar, James MacCornack Kent Taylor, Jessie McDaniel, Janna Lessard 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 – Vice Chair Riley Armstrong A regular meeting of the Planning & Zoning Commission was called to order at approximately 6 p.m. by Chair Brown. B. ROLL-CALL Riley Armstrong (Vice Chair) PRESENT David Storey PRESENT James MacCornack PRESENT Saul Aguilar PRESENT Janna Lessard PRESENT Kent Taylor ABSENT Jesse McDaniel PRESENT Staff Members Present: William Morris, AICP, CZO, Planning Manager Miguel Martinez, Planning & Zoning Administrator Louis Najar, Director of Planning & Engineering Audience Members Present: Elizabeth Roberts, Todd Wagener, Sonia Ortega, Albert Ortega, Judy Stubbs, Lisa Dunlap, Larry Fresquez, Shawn Sexton, Vanessa Sexton, Tom Jordan, Sherryl Jordan, Corey Fowler, Larry Connelly, Blanca DeHaro Planning & Zoning Commission April 24, 2018 Minutes Page 1 of 6  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 as presented. Second by Commissioner McDaniel. The motion passed by a voice vote of six to zero. (Absent: Commissioner Taylor) E. MINUTES: Consider approval of the March 27, 2018 P&Z Regular Meeting Minutes Commissioner Storey made a MOTION to approve the March 27, 2018, Regular Meeting Minutes as written. Second by Commissioner McDaniel. The motion passed by a voice vote of six to zero. (Absent: Commissioner Taylor) F. ACTION ITEMS (PUBLIC HEARING ITEMS): 1. ELECTION OF PLANNING & ZONING COMMISSION OFFICERS: The Planning & Zoning Commission will elect officers to serve from April 2018 through March 2019: Chair, Vice Chair, and Secretary. Commissioner Storey made a MOTION to nominate Riley Armstrong as Chairman of Planning & Zoning Commission. Second by Commissioner McDaniel. The motion passed by a voice vote of six to zero. (Absent: Commissioner Taylor) Chair Armstrong made a MOTION to nominate David Storey as Vice Chairman of Planning & Zoning Commission. Second by Commissioner McDaniel. The motion passed by a voice vote of six to zero. (Absent: Commissioner Taylor) Vice Chair Storey made a MOTION to nominate Jesse McDaniel as Secretary of Planning & Zoning Commission. Second by Commissioner Armstrong. The motion passed by a voice vote of six to zero. (Absent: Commissioner Taylor) Planning & Zoning Commission April 24, 2018 Minutes Page 2 of 6  Chair Armstrong recused himself from Cases 18-005 ZOC and 18-006 CUP. Vice Chair David Storey chaired these cases. 2. CASE 18-005 ZOC: A Request for a Change in Zoning from R-1 to R-3 (Residential District) for a Daycare Center. Legal Description: Subd: BINNS Block: 3 Lot: 24 AND: - Lot 25 S: 6 T: 11S R: 24E BK 785 PG 1255 WD. Property Address: 602 S Mississippi Avenue (Owner: First United Pentecostal Church/Agent: Larry D. Fresquez). Commissioner McDaniel made a MOTION to waive the Reading of the Land Use and Zoning Considerations and Finding of Facts for Case 18-005. Second by Commissioner Aguilar. The motion passed by a voice vote of five to zero. (Absent: Commissioner Taylor) (Recused: Chair Armstrong) Vice Chair Storey: Is there anyone wishing to speak in favor of Case: 18-005? In Favor: Larry Fresquez Sonya Ortega Jesse McDaniel: Asked if there was another access or if Mississippi Ave was the only access? Vice Chair Storey: Is there anyone wishing to speak against Case 18-005? Against: None Mr. Morris: Stated the proposed zoning is compatible with the area. Mr. Najar: Stated he agreed that the proposed zoning is a good buffer. MOTION – 18-005 ZOC Commissioner McDaniel made a motion to approve a Zone Change for Case Number 18-005. Second by Commissioner Aguilar. The motion passed by a voice vote of five to zero. (Absent: Commissioner Taylor) (Recused: Chair Armstrong) Planning & Zoning Commission April 24, 2018 Minutes Page 3 of 6  3. CASE 18-006 CUP: A Request for a Conditional Use Permit for a Daycare Center. Legal Description: Subd: BINNS Block: 3 Lot: 24 AND: -Lot 25 S: 6 T: 11S R: 24E BK 785 PG 1255 WD. Property Address: 602 S Mississippi Avenue (Owner: First United Pentecostal Church/Agent: Larry D. Fresquez). Commissioner McDaniel made a MOTION to waive the Reading of the Land Use and Zoning Considerations and Finding of Facts for Case 18-005. Second by Commissioner MacCornack. The motion passed by a voice vote of five to zero. (Absent: Commissioner Taylor) (Recused: Chair Armstrong) Vice Chair Storey: Is there anyone wishing to speak in favor of Case: 18-006? In Favor: Larry Fresquez: CYFD has been included in the inspection of the property as well as the Fire Marshall. Vice Chair Storey: Is there anyone wishing to speak against Case 18-006? Against: None Mr. Morris: Staff recommends approval. Mr. Najar added that he has visited the site and would like to add the condition that additional parking be added to the south side of the building within one year. MOTION – 18-006 CUP Commissioner McDaniel made a motion to approve a Conditional Use Permit for Case Number 18-006 with the condition to add four additional parking spaces to south side of building based on staff recommendations. Second by Commissioner Lessard. The motion passed by a voice vote of five to zero. (Absent: Commissioner Taylor) (Recused: Chair Armstrong) Chair Armstrong returned to his seat and resumed chairing the meeting. Planning & Zoning Commission April 24, 2018 Minutes Page 4 of 6  4. CASE 18-007 FPLAT: A Final Plat to subdivide a lot in Mesa Park Addition No. 1 into five residential lots to be known as Harding and Carver Subdivision. Legal Description: Subd: MESA PARK 1 Block: 6 Lot: 16 Less W 30’ BK 753 PG 665 WD. Property Address: 2400 Carver Drive (Owner: William C Dennis/Agent: Todd Wagener, Wagener Engineering). Commissioner Storey made a MOTION to waive the Reading of the Land Use and Zoning Considerations and Finding of Facts for Case 18-007. Second by Commissioner McDaniel. The motion passed by a voice vote of six to zero. (Absent: Commissioner Taylor) Vice Chair Storey: Is there anyone wishing to speak in favor of Case: 18-007? In Favor: Todd Wagener Commissioner Aguilar: Asked if there were any environmental issues from chlorine or anything? Vice Chair Armstrong: Is there anyone wishing to speak against Case 18-007? Against: Tom Jordan Corey Fowler Shawn Sexton Vanessa Sexton Blanca DeHaro The comments from those who spoke against Case 18-007 FPLAT were general concerns about too many lots, decrease in property values, and increase in traffic. Todd Wagener stated the new homes would meet setback requirements and the lots are deeper than existing lots in the area. Mr. Morris: Square footage of the lots and lot size meets the standards of the R-1 Zoning District. Mr. Najar: Twenty-three percent of the neighbors complained. The proposal does meet City specifications. Planning & Zoning Commission April 24, 2018 Minutes Page 5 of 6  MOTION – 18-007 FPLAT Commissioner Storey made a motion to approve Case 18-007 along with the land use and zoning considerations, finding of facts, staff recommendations, and the testimony we have received tonight. Second by Commissioner McDaniel. The motion passed by a voice vote of six to zero. (Absent: Commissioner Taylor) Mr. Morris: This case will be presented at the City Council on May 10, 2018 at 6:00 p.m., in this room. The Planning & Zoning Commission’s decision is a recommendation to the City Council. Mr. Najar: Made a statement to the audience. This is part of the public hearing process and the letters sent to the neighbors is part of the process. Those who stay home or don’t write forfeit their right to be heard. 5. PROPOSED TEXT AMENDMENTS TO THE CITY OF ROSWELL ZONING ORDINANCE: Several text Amendments to the City of Roswell Zoning Ordinance; addition of Reserve Articles; addition of the following Zoning Districts: Very Low Residential, Low Residential, Mixed Use Plaza, Parks and Recreation, Institutional, RV Parks; and Renumbering the Articles. Commissioner Storey made a motion to table the Proposed Text Amendments for May 28, 2018 P&Z meeting. Second by Commissioner McDaniel. The motion passed by a voice vote of six to zero. (Absent: Commissioner Taylor) G. OTHER BUSINESS None H. PUBLIC COMMENTS Larry Connelly: To the new members on the commission, good luck. Thank you for serving. I. ADJOURN The meeting adjourned at 6:57 p.m. Planning & Zoning Commission April 24, 2018 Minutes Page 6 of 6 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  EXHIBIT F: STAFF SUMMARY FOR CASE 18-004 (VAR) 17 CEDAR DRIVE (PAGE 1 OF 4) Roswell Planning & Zoning Commission Tuesday, May 22, 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 4 May 22, 2018  EXHIBIT F: STAFF SUMMARY FOR CASE 18-004 (VAR)  17 CEDAR DRIVE (PAGE 2 OF 4) Chaves County Assessor’s Map Zoning Map for 18-004 (VAR) Planning & Zoning, 18-004 VAR Page 2 of 4 May 22, 2018  EXHIBIT F: STAFF SUMMARY FOR CASE 18-004 (VAR) 17 CEDAR DRIVE (PAGE 3 OF 4) 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 Case was tabled at the March 27, 2018 Planning & Zoning Commission meeting. Planning & Zoning Commission tabled the Case to allow Mr. Garcia the opportunity to remove the storage shed in order to increase the setback between structures and lift the power line off of the top of his metal garage per request of Planning & Zoning Staff and City Engineer Louis Najar. Photos in Exhibit G show the power line has been lifted and the storage shed has been removed. V. Findings of Fact (Conclusions of Law): 1. A notice of the time and place of the public hearing for this case was published in the Roswell Daily Record at least fifteen (15) days prior to the date of this hearing. 2. Notification of the public hearing was mailed via certified mail with return receipt requested to property owners of record, as shown by the Chaves County Assessor, with lots or land within one-hundred (100) feet of the area under consideration, excluding public rights-of-way. 3. This agenda which includes this case has been posted at City Hall and on the City of Roswell’s website for over seventy-two (72) hours as required by State of New Mexico law for a public hearing. 4. As of the time of this writing, there have been zero (0) written and zero (0) verbal protests and zero (0) written letters of support received by the Planning & Zoning Office. Planning & Zoning, 18-004 VAR Page 3 of 4 May 22, 2018  EXHIBIT F: STAFF SUMMARY FOR CASE 18-004 (VAR) 17 CEDAR DRIVE (PAGE 4 OF 4) VI. Staff Recommendation: Based on the findings of fact, the nature of the proposed land use consideration, the surrounding land uses, the zoning district, regulations established in the Zoning Ordinance, and the applicant having met the Planning & Zoning’s previous conditions, Staff recommends approval of Zoning Case 18-004 VAR to allow existing 20’ by 26’ garage to remain on the property and to approve variance for drive pad built to remain without being brought into compliance. Conditions are: 1. Building permit with Site Plan must be submitted and filed 2. Land Development permit for curb cut and drive pad must be submitted and filed 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 4 of 4 May 22, 2018  EXHIBIT G: STAFF PHOTOS FOR CASE 18-004 (VAR) 17 CEDAR DRIVE PAGE 1 OF 3 Staff Photo: Photo shows storage shed has been removed as requested per P&Z Staff and City Engineer.  EXHIBIT G: STAFF PHOTOS FOR CASE 18-004 (VAR) 17 CEDAR DRIVE PAGE 1 OF 3 Staff Photo: Photo shows power line has been lifted off of the building as requested per P&Z Staff and City Engineer. EXHIBIT G: STAFF PHOTOS FOR CASE 18-004 (VAR) 17 CEDAR DRIVE PAGE 1 OF 3  AGENDA ITEM 2 May 22, 2018 PLANNING & ZONING COMMISSION STAFF SUMMARY FOR TEXT AMENDMENTS PROPOSED ORDINANCE NO. 18-XX Roswell Planning & Zoning Commission Tuesday, May 22, 2018 at 6:00 p.m. Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street 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 4: Definitions; ARTICLE 5: Establishment of Zoning Districts; ARTICLE 8: R-VL Residential Very Low; ARTICLE 10: R-L Residential Low; ARTICLE 26: MXP Mixed Use – Plaza ARTICLE 28: C-1 Neighborhood Commercial District; ARTICLE 30: C-2 Community Commercial District; ARTICLE 42: P-R Parks and Recreation; ARTICLE 44: INST Institutional; and ARTICLE 50: Development Standards BACKGROUND: Staff proposes modification of Zoning Ordinance text to create new zoning districts, revise development standards and definitions. 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: Request Planning & Zoning Commission review and make recommendation on text amendments. STAFF RECOMMENDATION: Staff Recommends Planning & Zoning Commission recommend approval of this Item at the May 22, 2018 Planning & Zoning Commission Meeting.  EXHIBIT A: PROPOSED TEXT AMENDMENTS (16 PAGES) ORDINANCE 18-XX AN ORDINANCE OF THE CITY OF ROSWELL, NEW MEXICO, ADOPTING MODIFICATIONS TO THE ZONING CODE, PROVIDING FOR SEVERABILITY, AND FOR AN EFFECTIVE DATE. WHEREAS, the City of Roswell has a Zoning Code to assist in the proper development of the City; and, WHEREAS, the City of Roswell has determined that the Zoning Code should be modified from time to time to address current land development conditions; and, WHEREAS, the City supports the property owner of 200 S. Main Street submitting for a vacation of the alley and the placement of an Access and Utility Easement on the same property. NOW, THEREFORE, be it resolved by the governing body, the City Council of Roswell, New Mexico: that the City adopts the following changes. Section 1. APPROVAL OF ATTACHMENT 1. 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. APPROVED, ADOPTED AND SIGNED on this XXth day of XXXXXXXXXX, 2018. CITY SEAL _____________________________ Dennis Kintigh, Mayor ATTEST: _____________________________ Sharon Coll, City Clerk Ordinance 18-XX 1 Amended XXXXXXXX, 2018 Attachment 1 ARTICLE 4: DEFINITIONS Amusement establishment. A structure or facility offering a variety of recreational activities such as, pool halls, miniature golf, driving ranges, go-cart tracks, amusement parks, skating rinks, and game rooms. Amusement Commercial, Indoor. Establishment which provides indoor recreational activities including but not limited to bowling alleys, movie theaters, dance halls, banquet halls, performance halls, athletic courts, and video games arcades. Amusement Commercial, Outdoor. Establishment which provides outdoor recreational activities including but not limited to drive-in theaters, miniature golf courses, go-kart tracks, and carnival or amusement park rides. Automotive repair, heavy. General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including body work, framework, welding, and major painting service. Automotive repair, light. An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers, and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups, and transmission work, provided it is conducted within a completely enclosed building. Fueling Station. The location of fueling pumps for primarily automotive vehicles, and can be either petroleum, natural gas, or electrical. Townhouse. Including but not limited to Patio Homes; being one structural unit of contiguous single-family dwelling units which are joined by a common wall/property line. Townhouse/Townhome. A single structure with a common roofing system containing two (2) or more attached dwelling units with common walls and shared lot lines, each dwelling unit being located on its own individual property. Triplex. A structure containing three (3) dwelling units located on a single lot held under one ownership. Ordinance 18-XX 2 Amended XXXXXXXX, 2018 ARTICLE 5: ESTABLISHMENT OF ZONING DISTRICTS Section 1. Establishment of Zoning Districts In order to fulfill the purposes and provisions of this Ordinance, the area within the corporate limits of the City of Roswell is divided into the following zoning districts: ResidentialR-S Rural Suburban District R-VL Residential Very Low District R-L Residential Low District R-1 Residential District R-2 Residential District R-3 Residential District R-4 Residential District RMS Mobile Home Subdivision District MHC Mobile Home Community District Mixed Use MX-P Mixed Use - Plaza Commercial C - 1 Neighborhood Commercial District C-2 Community Commercial District C-3 Downtown Business District C-4 Commercial Business District CO - 1 Commercial Office District Industrial I-1 Light Industrial District I-2 Heavy Industrial District Other P-R Parks and Recreation INST Institutional ARTICLE 6: R-S RURAL SUBURBAN DISTRICT ARTICLE 7: RESERVED Ordinance 18-XX 3 Amended XXXXXXXX, 2018 ARTICLE 8: R-VL RESIDENTIAL VERY LOW DISTRICT Section 1. Purpose This district is intended for very low density single-family detached dwellings, between 1-2 units per acre, and other uses which uphold and maintain the very low density residential nature of the district. Section 2. Use Regulations A. Permitted Uses are as follows: 1. Single-family detached dwellings 2. Home Occupations 3. Publicly owned police/fire stations/parks or playgrounds and related buildings B. Special Uses are as follows: 1. Cemeteries and mausoleums 2. Churches, convents, monasteries, parish houses, rectories, seminaries, and other places of worship and those uses usually associated with them like day care services 3. Community Association swimming pools and/or recreational facilities 4. Golf courses and related buildings 5. Public utility and service facilities 6. Schools; public or private, elementary, secondary, and colleges 7. Renewable energy facilities 8. Multi-Generational Housing Section 3. Land Development Standards Properties located in this district which are located in the Old Municipal Airport (OMA) shall utilize the standards located in Article XX (Design Guidelines – Old Municipal Airport) of the Zoning Code. ARTICLE 9: RESERVED Ordinance 18-XX 4 Amended XXXXXXXX, 2018 ARTICLE 10: R-L RESIDENTIAL LOW DISTRICT Section 1. Purpose This district is intended for low density single-family detached dwellings, between 2-4 units per acre, and other uses which uphold and maintain the low density residential nature of the district. Section 2. Use Regulations A. Permitted Uses are as follows: 1. Single-family detached dwellings 2. Home Occupations 3. Publicly owned police/fire stations/parks or playgrounds and related buildings B. Special Uses are as follows: 1. Cemeteries and mausoleums 2. Churches, convents, monasteries, parish houses, rectories, seminaries, and other places of worship and those uses usually associated with them like day care services 3. Community Association swimming pools and/or recreational facilities 4. Golf courses and related buildings 5. Public utility and service facilities 6. Schools; public or private, elementary, secondary, and colleges 7. Renewable energy facilities 8. Multi-Generational Housing Section 3. Land Development Standards Properties located in this district which are located in the Old Municipal Airport (OMA) shall utilize the standards located in Article XX (Design Guidelines – Old Municipal Airport) of the Zoning Code. ARTICLE 11: RESERVED Ordinance 18-XX 5 Amended XXXXXXXX, 2018 ARTICLE 7 12: R-1 RESIDENTIAL DISTRICT ARTICLE 13: RESERVED ARTICLE 8 14: R-2 RESIDENTIAL DISTRICT ARTICLE 15: RESERVED ARTICLE 9 16: R-3 RESIDENTIAL DISTRICT ARTICLE 17: RESERVED ARTICLE 10 18: R-4 RESIDENTIAL DISTRICT ARTICLE 19: RESERVED ARTICLE 11 20: RMS RESIDENTIAL MOBILE HOME SUBDIVISION DISTRICT ARTICLE 21: RESERVED ARTICLE 12 22: MHC MANUFACTURED/MOBILE HOME COMMUNITY DISTRICT ARTICLE 23: RESERVED ARTICLE 13 24: LOCATIONS OF MOBILE HOMES, TRAVEL TRAILERS, RECREATIONAL, AND/OR OVERSIZE VEHICLES OUTSIDE OF APPROVED DISTRICTS ARTICLE 25: RESERVED Ordinance 18-XX 6 Amended XXXXXXXX, 2018 ARTICLE 26: MXP MIXED USE PLAZA DISTRICT Section 1. Purpose This district is intended to provide for a mixed-use development that would accommodate a variety of arts and entertainment, retail, personal service, office, and residential uses in close proximity of each other found around the central plaza which is intended to become a new meeting location for the City. It is intended that this district will be a mixed-use area with the placement of residential and commercial uses and structures in close proximity that will provide for an active area for interacting with local residents and visitors. Section 2. Use Regulations (Non-Residential) A. Permitted Uses are as follows: 1. Athletic clubs/gyms 2. Banks/credit unions/financial institutions 3. Barber/Beauty shops/day spas 4. Child care centers 5. Commercial retail 6. Drugstores/food stores/markets 7. Florists 8. Government offices 9. Hotels and motels 10. Laundries/dry cleaning 11. Liquor service and stores 12. Medical facilities/offices/centers 13. Museums and art galleries 14. Music/dance school 15. Private or public parking lots/garages/decks 16. Professional offices 17. Restaurants/food/drink/lounges/liquor 18. Theaters, indoor B. Special Uses are as follows: 1. Outdoor seating areas Section 3. Use Regulations (Residential) A. Permitted Uses are as follows: 1. Multifamily Residential Units as outlined under the R-4 Residential District to be placed above the commercial first floor. Section 3. Land Development Standards Properties located in this district which are located in the Old Municipal Airport (OMA) shall utilize the standards located in Article XX (Design Guidelines – Old Municipal Airport) of the Zoning Code. ARTICLE 27: RESERVED Ordinance 18-XX 7 Amended XXXXXXXX, 2018 ARTICLE 14 28: C-1 NEIGHBORHOOD COMMERCIAL DISTRICT Section 1. Purpose This district is intended to provide for retail and personal service types of uses of a limited nature for the consumer population of the neighborhoods in which they are located and is not intended for those types of uses that will either attract the consumer population of the entire community, attract large volumes of traffic, or have an appearance and performance that may be detrimental to the neighborhoods in which they are located. Permitted uses shall not exceed 7,000 square feet in gross floor area. Special Use Permits shall not exceed 10,000 square feet in gross floor area, except for parking lots. Section 2. Use Regulations A. Permitted Uses are as follows: 1. Accessory Living quarters for a single-family residential unit per each lot and shall not be for sale or lease separate from the principle use or for use involving the conduct of a business. 2. Barber/Beauty shops/Day Spas 3. Bed and Breakfast (5 units max, includes owner) 4. Boarding, Lodging Homes, or Hostels 5. Child care centers 6. Banks/Credit Unions/Financial institutions 7. Drugstores/Food Stores/Markets 8. Convenience stores without Fueling Stations 9. Retail Florists 10. Laundries/Dry Cleaning 11. Libraries and other public facilities 12. Museums and art galleries 13. Professional office not to exceeding 10,000 square feet in gross floor area 14. Recreational Buildings/Community centers 15. Music/Dance/Trade Schools 16. Any other use that meets the intent and purpose of this Article and is similar and comparable to those uses listed above B. Special Uses are as follows: 1. Greenhouses 2. Automobile service stations 3. Public utility/service/television companies 4. Permitted uses in excess of 7,000 sq. ft. of gross floor area. 5. Parking lots, as a principal use. 6. Multi-Family Residential Units 7. Self -Storage Units 8. Religious Institution 9. Convenience stores with Fueling Stations ARTICLE 29: RESERVED Ordinance 18-XX 8 Amended XXXXXXXX, 2018 ARTICLE 15 30: C-2 COMMUNITY COMMERCIAL DISTRICT Section 1. Purpose This district is intended to provide for a wide variety of retail, personal service, wholesale office, and other general service types of uses for the consumer population of the entire community and, because of their heavy traffic generating characteristics, ability to stay open 24 hours per day and potentially detrimental appearance and performance, are located on the periphery of residential areas along collector and arterial street facilities. Section 2. Use Regulations A. Permitted Uses are as follows: 1. Any use permitted in the C-l District 2. Amusement Parks 3. Athletic clubs/Gyms 4. Auditoriums/ Banquet halls/Convention/Exhibition Centers 5. Banks/Credit Unions/Financial institutions 6. Hospitality Establishments (Example: hotels and motels) 7. Liquor Service and Stores 8. Lodges, Clubs, Fraternal, Religious (No gun clubs) 9. Commercial Retail/Service stores 10. Rental Stores and Self-Storage Units 11. Professional Offices 12. Funeral Parlors/Crematorium 13. Golf courses 14. Animal hospitals, clinics, and kennels 15. Medical facilities/offices/centers 16. Newspaper and/or Magazine offices 17. Private or public parking lots/garages/decks 18. Government offices 19. Public or private utility/Service/radio/TV/cable 20. Restaurants/food/drink/lounges/liquor 21. Stadiums and arenas 22. Theaters, indoor 23. Automotive Repair, Light with temporary outside storage utilizing no more than 20% of net area of the lot. 24. Carnivals, circuses or menageries; shall be located on a paved or hard pack surface and shall not occupy more than 10% of the required parking spaces for that location or business. 25. Vendors shall be located on a paved surface and shall not occupy more than 10% of the required parking spaces for that location or business. 26. Off-site sales shall be located on a paved surface and shall not occupy more than 10% of the required parking spaces for that location or business. 27. Any other use that meets the intent and purpose of this Article and is similar and comparable to those uses listed above. 28. Automotive Service Stations 29. Convenience Stores with Fueling Stations B. Special Uses are as follows: Ordinance 18-XX 9 Amended XXXXXXXX, 2018  1. Any special use in the C-1 District 2. Airports/heliports/landing fields 3. Bottling works 4. Bus stations and terminals 5. Gun clubs with indoor firing range 6. Outdoor theaters, drive-ins 7. Outside storage as a principal use 8. Parcel delivery/mail order 9. Penal/Correctional institutions 10. Light welding and fabrication 11. Warehouses and/or storage units 12. RV Parks subject to the development requirements in sections 3 and 4 below Section 3. Land Development Standards Properties located in this district which are located in the Old Municipal Airport (OMA) shall utilize the standards located in Article XX (Design Guidelines – Old Municipal Airport) of the Zoning Code. Section 4. Commercial Reserve Zones (OMA Area) Properties designated as C-2 (R) are considered as being reserved until such time as other commercial parcels in the OMA Area have been developed. These designations are applicable to City-owned parcels in the OMA Area. Section 5 3. Area, Setback, and Height Requirements Minimum Spacing Minimum Front setback from all Front setback from Rear setback Maxim between structures: Space per unit property lines to Local/ all property lines to from property um Side to Side 25’ Width collector streets. Arterial streets lines. Height And End to End 1,250 S.F. 20’ 35’ 20’ 10’ 20’ 35’ ARTICLE 31: RESERVED Ordinance 18-XX 10 Amended XXXXXXXX, 2018 ARTICLE 16 32: C-3 DOWNTOWN BUSINESS DISTRICT ARTICLE 33: RESERVED ARTICLE 17 34: C-4 COMMERCIAL BUSINESS DISTRICT ARTICLE 35: RESERVED ARTICLE 18 36: CO-1 COMMERCIAL OFFICE DISTRICT ARTICLE 37: RESERVED ARTICLE 19 38: I-1 LIGHT INDUSTRIAL DISTRICT ARTICLE 39: RESERVED ARTICLE 20 40: I-2 HEAVY INDUSTRIAL DISTRICT ARTICLE 41: RESERVED Ordinance 18-XX 11 Amended XXXXXXXX, 2018 ARTICLE 42: P-R PARKS AND RECREATION DISTRICT Section 1. Purpose This district is intended to provide for both private-sector, as well as public sector, recreational and park facilities that are primarily located outdoors. Section 2. Use Regulations A. Permitted Uses are as follows: 1. City, County, State, or Federal parks or open spaces 2. Golf courses, public or private B. Special Uses are as follows: 1. Golf courses and related buildings, including accessory retail sales, and restaurants / food / drink / lounges / liquor sales C. Development standards are as follows: 1. Development standards shall be based on those consistent with current land development standards, best management practices, and those which are approved by the City Council. ARTICLE 43: RESERVED Ordinance 18-XX 12 Amended XXXXXXXX, 2018 ARTICLE 44: INST INSTITUTIONAL DISTRICT Section 1. Purpose This district is intended to provide for nonprofit or quasi-public use, such as a religious institution, library, public or private school, hospital, or government-owned or government- operated structure or land used for public purpose. Section 2. Use Regulations A. Permitted Uses are as follows: 1. City, County, State, or Federal buildings and facilities 2. Elementary, middle, and high schools, public 3. Hospitals, medical centers 4. Public facilities, including storm water detention areas, governmental buildings and facilities B. Special Uses are as follows: 1. Elementary, middle, and high schools, private 2. Large-scale power generating facilities C. Section 3. Development Standards: 1. Development standards shall be based on those consistent with current land development standards, best management practices, and those which are approved by the managing entity. ARTICLE 45: RESERVED Ordinance 18-XX 13 Amended XXXXXXXX, 2018 ARTICLE 21 48: PUD PLANNED UNIT DEVELOPMENT ARTICLE 49: RESERVED ARTICLE 22 50: DEVELOPMENT STANDANDS Section 1. Generally Every building, structure and use hereafter constructed or established shall meet the following area, setback, and height requirements in addition to requirements set forth elsewhere in this Ordinance. Section 2. Residential Districts The minimum lot size and principal structure location requirements for residential uses in the R- S through R-4 zoning districts are as follows: Side Yard Front Yard Street side Front yard setback setback yard setback setback Rear Yard required Zoning Minimum required required Maximum Use required setback for interior District Lot Size Local or Local or Height arterial required lots collector Collector / streets 1 story/2 streets Arterial story R-S Rural Single-family 2.5 acres 25 35 20 5 / 10 25 / 35 35 Suburban Residence R – VL Single-family 21,780 SF 25 35 20 5 / 10 25 / 35 35 Residential Residence R–L Single-family 10,890 SF 25 35 20 5 / 10 25 / 35 35 Residential Residence R–1 Single-family 6,000 S.F. 25 35 20 5 / 10 25 / 35 35 Residential Residence Single-family 5,000 S.F. 25 25 20 5 / 10 25 / 25 35 Residence R–2 4,500 S.F. Residential Townhouse B 25 25 20 5 / 10 25 / 25 35 Per Unit Duplex A 4,000 S.F. 25 25 20 5 10 / 10 25 / 25 35 Single-family 4,500 S.F. 20 25 20 5 / 10 20 / 25 35 Residence Per Unit 4,000 S.F. R–3 Townhouse B 20 25 20 5 / 10 20 / 25 35 Per Unit Residential Duplex A 3,500 S.F. 20 25 20 5 / 10 20 / 25 35 Multi Family 3,000 S.F. 20 25 20 10 / 10 20 / 25 35 Residence A Per Unit Single-family 4,000 S.F. 20 25 20 5 / 10 20 / 25 35 Residence Per Unit Townhouse B 3,000 S.F. R–4 20 25 20 5 / 10 20 / 25 35 or D Per Unit Residential Duplex A 3,000 S.F. 20 25 20 5 / 10 20 / 25 35 Multi Family 2,000 S.F. 20 25 20 10 / 10 20 / 25 35 Residence A Per Unit *On lots subdivided and recorded after the effective date of this Ordinance, including Summary Plats, Replats, and Revisions of a PUD. If otherwise, the requirements in effect at the time the lots were recorded shall apply. A. All dwelling units on a single lot held under one owner. B. Townhouse structures with one common wall/ property line on one side and a 5 foot side Ordinance 18-XX 14 Amended XXXXXXXX, 2018  yard setback on the opposite side. Structures sharing a common wall shall be constructed simultaneously. C. The required 10 foot side yard setback for a residential 2-story structure shall be measured from that portion of the building, as determined by the City Building Inspector, to the nearest side property line. Half-story containing independent living quarters or apartment shall be counted as a full story. D. Townhouse structures with more than one common wall/ property line on each side. Structures sharing a common wall shall be constructed simultaneously. E. Development projects which have be determined by the City to be consistent with the provisions of the Affordable Housing Plan and implementing Ordinance 16-18, may utilize a maximum density that is one-hundred and fifty percent (150%) of the allowed density under this code for that zoning district, subject to being able to meet all applicable land development criteria. Section 3. Commercial and Industrial Districts All commercial and industrial buildings and/or structures in the C-1, C-2, I-1 and I-2 Districts shall meet the following setbacks, screening, and height requirements. A. Front Yard Setback 1. The minimum setback shall be 40 feet or the setback line established by an existing principal building on an adjacent lot within the same block, whichever is less. B. Side Yard Setback 1. A side yard setback shall not be required, except where the side lot line abuts a residential zoning district or an adjacent street. 2. Where the interior side lot line abuts a residential zoning district, the minimum side yard setback shall be 20% of the lot width or 35 feet, whichever is less. The lot shall be effectively screened by placing a solid fence or wall no less than 6 feet in height on the structure side of the lot line, made of brick, masonry, stone, wood, or an irrigated and maintained landscaped area, planted at a density equal to the opacity and height of a solid fence or wall or any combination thereof. 3. Where the side yard is on the street side of a corner lot, the minimum side yard setback shall be 30 feet or the setback line established by an existing principal building on an adjacent lot within the same block, whichever is less. C. Rear Yard Setback 1. The minimum setback shall not be less than 15 feet, except where the rear lot line abuts a residential zoning district. 2. Where the rear lot line abuts a residential zoning district the minimum rear yard setback shall then be 20% of the lot depth or 35 feet, whichever is less. The lot shall be effectively screened by placing a solid fence or wall no less than 6 feet in height on the structure side of the lot line, made of brick, masonry, stone, wood, or an irrigated and maintained landscaped area, planted at a density equal to the opacity and height of a solid fence or wall or any combination thereof. D. Building Height Restrictions Ordinance 18-XX 15 Amended XXXXXXXX, 2018  1. In the C-1 district, a building or structure shall not exceed 35 feet in height. 2. In the C-2, C-4, I-1, and 1-2 districts, a building shall not exceed 45 feet in height without approval by the City of Roswell Fire Department. 3. In the C-3 district, a building's or structure’s height shall be subject to approval by the City of Roswell Fire Department. E. Structure Height Restrictions Antennas, monuments, towers, church spires, and/or other such structures not intended for residential dwelling, shall be reviewed on an individual by City Staff through the Building Permit/Plan Review process to determine if the structure’s height poses any threat to the health, safety, welfare, and/or aesthetics of the adjacent properties or the community as a whole. ARTICLE 51: RESERVED ARTICLE 23 52: BUILDING AND PERFORMANCE STANDARDS ARTICLE 53: RESERVED ARTICLE 24 54: SPECIAL FLOOD HAZARD AREAS ARTICLE 55: RESERVED ARTICLE 25 56: TELECOMMUNICATIONS ARTICLE 57: RESERVED ARTICLE 26 58: RENEWABLE/ALTERNATIVE ENERGY SYSTEM ARTICLE 59: RESERVED ARTICLE 27 60: SIGNS ARTICLE 61: RESERVED ARTICLE 28 62: HOME OCCUPATIONS ARTICLE 63: RESERVED ARTICLE 29 64: SEXUALLY ORIENTED BUSINESS (SOB) ARTICLE 65: RESERVED ARTICLE 30 66: NON-CONFORMING USES ARTICLE 67: RESERVED ARTICLE 31 68: PENALTIES FOR NON-COMPLIANCE ARTICLE 69: RESERVED Ordinance 18-XX 16 Amended XXXXXXXX, 2018