Planning & Zoning Commission
Regular MeetingRoswell, NM · June 26, 2018
Minutes
P&Z REGULAR MEETING DRAFT MINUTES
Tuesday, June 26, 2018 - 6:00 PM
Roswell Planning & Zoning Commission
Bassett Auditorium, Roswell Museum and Art Center
100 West 11th Street
Chair: Riley Armstrong
Vice Chair: David Storey, Secretary: Jesse McDaniel
Members: Saul Aguilar, James MacCornack
Kent Taylor, Jana 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 –Chair Riley Armstrong
A regular meeting of the Planning & Zoning Commission was called to order at
approximately 6 p.m. by Chair Armstrong.
B. ROLL-CALL
Riley Armstrong (Chair) PRESENT
David Storey PRESENT
Kent Taylor PRESENT
Jesse McDaniel PRESENT
Saul Aguilar PRESENT
Jana Lessard PRESENT
James MacCornack PRESENT
Staff Members Present:
Merideth Hildreth, Planning & Zoning Administrator
Miguel Martinez, Planning & Zoning Technician
William Morris, AICP, CZO, Planning Manager
Louis Najar, Director of Planning & Engineering
Planning & Zoning Commission June 26, 2018 Minutes
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Audience Members Present:
Melvin R Pyeatt, Sr., Paul Weikel, Elizabeth Weikel, Dorothy H. Gonzales, Ruben M
Gonzales, Mariah Guevara, Danny Guevara, Larry Connolly, Josh Skarsgaard, Alfredo
Castaneda
C. SWEARING IN: Chair Armstrong swore in staff and members of the audience.
D. APPROVAL OF THE AGENDA
Commissioner Taylor made a MOTION to approve the agenda as presented.
Second by Commissioner McDaniel.
The motion passed by a voice vote of seven to zero.
E. MINUTES: Consider approval of the May 22, 2018 P&Z Regular Meeting Minutes
Commissioner Storey made a MOTION to approve the minutes for the May 22, 2018
Regular Planning & Zoning Commission Meeting.
Second by Commissioner McDaniel.
The motion passed by a voice vote of seven to zero.
F. ACTION ITEMS (PUBLIC HEARING ITEMS):
1. CASE 18-008 FPLAT: Review of a Final Plat to replat a C-2 property. Legal Description: Subd:
FORREST REDIVISION Block: 0 Lot: 1 THRU 9 INCLUDING VACATED PORTION OF FOREST
STREET BETWEEN RICHARDSON AVE & S MAIN ST & VACATED ALLEY, Subd: OLIVERS REDIV
AMEND Block: 1 Lot: 1 THRU 22 INCLUDING VACATED ALLEY , S: 8 T: 11S R: 24E BK: 804 PG:
526 SWD. & Subd: MAIN MCGAFFEY SUMMARY PLAT Lot: 2 BK: 804 PG: 526 SWD Property
Address: 104 W McGaffey Street. (Owner: Retail Equity Development 5 LLC; Red Shamrock 6
LLC; Retail Equity Development 7 LLC).
Chair Armstrong recused himself from Case 18-008.
Vice Chair Storey introduced Case 18-008 Final Plat to replat a C-2 property on West
McGaffey.
Commissioner McDaniel made a MOTION to waive the Reading of the Finding of Facts
with respect to Case 18-008.
Second by Commissioner MacCornack.
The motion passed by a voice vote of six to zero. (Chair Armstrong recused himself
from this case).
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Vice Chair Storey: Is there anyone wishing to speak in favor of Case: 18-008?
In Favor:
Josh Skarsgaard
Commissioner Storey asked Mr. Skaarsgaard about his understanding of Staff’s
recommendation of approval if the developer installs firewalls between the buildings.
Mr. Skarsgaard stated he supports the condition to install R-value to subdivide O’Reilly
Auto Parts from the adjacent tenant space and will work with Staff.
Commissioner Taylor asked what happens to the existing tenants.
Mr. Skarsgaard stated the existing tenants will remain. Walgreens is owned separate and
apart. There’s about 60,000 square feet of vacant tenant space. Main and McGaffey is an
important intersection and is a target for restaurants and clothing. Retail expert Michael
Butler from Albuquerque is present at the meeting. The replat is necessary in order to
obtain construction financing for the national retail tenants to rehabilitate the property.
Commissioner Taylor asked about the replat allowing development of an out-parcel near
Main Street.
Mr. Skarsgaard answered the replat will create a lot on Main. He also thanked Staff.
Vice Chair Storey: Is there anyone wishing to speak against Case 18-008?
Against:
None
Mr. Morris: Staff commends the applicant in this particular case since this part of the
City needs something good to happen. Planning Staff is supportive of this project with
the one criteria regarding the firewalls. Staff looks forward to working with the applicant
to ensure a good product.
Mr. Najar: The applicant has been working with Engineering in respect to parking lot
maintenance, landscaping, and drainage. Mr. Najar supports this development.
Planning & Zoning Commission June 26, 2018 Minutes
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MOTION – 18-008 FPLAT
Commissioner Taylor made a motion based on the Finding of Facts, the land use and
zoning considerations, testimony and material presented this night, and Staff
recommendations to approve Case Number 18-008.
Second by Commissioner MacCornack
The motion passed by a voice vote of six to zero. (Chair Armstrong recused himself
from this case).
Mr. Morris: This Case will go before City Council on July 12 for final consideration.
2. CASE 18-009 VAR: Request variance for a carport in the front yard setback in R-1. Legal
Description: Subd: KEITHS SOUTHSIDE REDIV Block: 8 Lot: 42 BK: 711 PG: 1453 QCDJT
Property Address: 335 E Poe Street. (Owner: Ivonne Castaneda & Alfredo Castaneda.)
Chair Armstrong resumed chairing the meeting and introduced Case 18-009 Variance.
Commissioner Storey made a MOTION to waive the Reading of the Land Use and
Zoning Considerations and Finding of Facts for Case 18-009.
Second by Commissioner McDaniel.
The motion passed by a voice vote of seven to zero.
Chair Armstrong: Is there anyone wishing to speak in favor of Case: 18-009?
In Favor:
Alfredo Castaneda
Commissioner McDaniel asked if the carport was already built.
Mr. Najar answered the carport was red tagged after the carport was built.
Chair Armstrong: Is there anyone wishing to speak against Case 18-009?
Against:
None
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Mr. Najar: 329 and 331 E Poe were issued permits in 1999 which set a precedence (on
that block). From an engineering point a view, Mr. Najar supports this variance provided
it obtains a building permit.
Mr. Morris: From a planning point of view, there is a proviso in the Zoning Code that a
building line established in the past becomes the neighborhood norm, then a similar
structure with a similar setback might be allowed. This carport is compatible with the
other carports around it. Normally, Staff would recommend against a carport (in the
front yard setback) or look at it differently. Planning Staff has no objections (to the
granting of a variance) as long as the carport has a building permit and passes
inspection.
Commission Taylor asked for clarification that the carport has not passed construction
inspection.
Mr. Najar: The owner will be required to obtain a building permit and inspection by the
Building Inspector passes it. Any exceptions (violations) found must be corrected prior to
issuance of a Certificate of Occupancy.
MOTION – 18-009 VAR
Commissioner Storey made a motion to approve Case Number 18-009 along with the
land use and zoning considerations, Finding of Facts, the Staff recommendations to
include the Building Permit (application) must be submitted, (building permit) secured,
must pass inspection by the City’s Building Inspector along, with testimony received
from the audience tonight.
Second by Commissioner McDaniel.
The motion passed by a voice vote of seven to zero.
3. CASE 18-010 CUP: Request for Major Home Occupation – Child Care in R-1. Legal
Description: Subd: THORNE Block: 3 Lot: 4 BK: 727 PG: 1493 REC Property Address: 406 S
Cedar Avenue. (Owner: Danny Guevara & Mariah Guevara).
Chair Armstrong introduced Case 18-010 Conditional Use Permit for Major Home
Occupation for Child Care.
Planning & Zoning Commission June 26, 2018 Minutes
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Commissioner Taylor made a MOTION to waive the Reading of the Land Use and
Zoning Considerations and Finding of Facts for Case 18-010.
Second by Commissioner MacCornack.
The motion passed by a voice vote of seven to zero.
Chair Armstrong: Is there anyone wishing to speak in favor of Case: 18-010?
In Favor:
Mariah Guevara
Commissioner Aguilar disclosed he was on the notification mailing list and has no
interest in the property.
Commissioner McDaniel asked how Ms. Guevara has been operating a daycare at that
location.
Ms. Guevara answered she had everything ready in June of last year and CYFD issued the
license in May. She further stated her goal is to open a major commercial building in the
future (at a different location).
Chair Armstrong asked how many children Ms. Guevara currently has in the daycare.
Ms. Guevara answered she currently has up to six children at different times from
different parents and she has three children of her own under the age of six and is in the
process of adopting another child. This causes her to schedule carefully not to go over
six children including her own under the age of six.
Chair Armstrong: Is there anyone wishing to speak against Case 18-010?
Against:
Paul Weikel
Chair Armstrong asked for clarification if Mr. Weikel lives at the adjacent property or if it
is a rental.
Mr. Weikel answered that his property is a rental (that he spent a lot of money
renovating.)
Commissioner Taylor asked Mr. Weikel if he has evidence that demonstrates that
property values diminish near a child care center?
Planning & Zoning Commission June 26, 2018 Minutes
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Mr. Weikel answered he does not have that data.
Ms. Guevara stated she is going to college for child development and does not plan to
operate a daycare at her house for more than four or five years. She stated her plan is to
get a building, but before she can do that, the State has mandated that she run a
daycare out of her home for two years.
Mr. Morris: This is a home occupation use being requested. The Major Home Occupation
requires a Conditional Use Permit. There are a number of these all over the city. The
home occupation appears to meet the requirements the City has listed (in the Zoning
Ordinance) as well as the State’s requirements. Planning Staff’s recommendation is
approval.
Chair Armstrong asked for clarification about appeals.
Mr. Morris answered that if this Commission does approve the case, appeals of this
body’s decision to the City Council must be filed in writing by noon on Thursday to the
City Clerk.
Commissioner Storey clarified that if the Commission denies the case, the applicant has
the same right to file an appeal.
Mr. Morris stated that is correct.
Mr. Najar stated he performed a site review, and the owner has increased/widened their
driveway and parking which is typical in these situations. There was a similar case last
month where the applicant used their house as an incubator business. Mr. Najar stated
he would support the Conditional Use Permit pending the applicant bring the CYFD
paperwork to Staff to maintain on file that the applicant is approved for up to twelve
(12) children.
Planning & Zoning Commission June 26, 2018 Minutes
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MOTION – 18-010 CUP
Commissioner Taylor made a motion to approve Case Number 18-010 based on the
Findings of Fact, the Zoning Considerations, testimony and material presented tonight,
and Staff recommendation.
Second by Commissioner Storey.
The motion passed by a voice vote of seven to zero.
Chair Armstrong mentioned again that appeals may be filed by noon Thursday at City
Hall.
1. PROPOSED TEXT AMENDMENTS TO THE CITY OF ROSWELL ZONING ORDINANCE: Review,
discussion, and recommendation of 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; and Renumbering
the Articles.
Chair Armstrong: Introduced the item to address the Proposed Text amendments to the
City of Roswell Zoning Ordinance, and he asked for a motion to un-table the item.
Commissioner Storey made a motion to un-table the Proposed Text Amendments
presented at the May 22, 2018 P&Z meeting.
Second by Commissioner Lessard.
The motion passed by a voice vote of seven to zero.
Mr. Morris reviewed the items:
Article 4: Definitions Staff came across in daily work that need to be updated. Regarding
Amusements, a laser tag facility is opening on Tilden and Delaware and Staff deems it
necessary to clarify the definitions. Staff recognized the need to separate light and heavy
automotive repair and separated the definitions of townhouse and triplex for clarity.
Article 5 is the establishment of Zoning Districts, adding Residential - Very Low (one-half
to one acre), Residential-Low (2 to 4 units per acre or one-fourth to one-half acre lots),
Mixed Use Plaza, Parks and Recreation, and Institutional. Institutional is considered
societal infrastructure and includes schools, government centers, and NMMI (New
Mexico Military Institute).
Planning & Zoning Commission June 26, 2018 Minutes
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Additional changes include Convenience Stores in C-1 without fueling stations as a
permitted use and Convenience Stores with fueling stations by a Special Use Permit. C-2
will include Automotive Light, Automotive Service Stations, and Convenience Stores with
Fueling Stations as uses by right.
Land Development Standards. There will be specific design criteria for the Plaza in OMA
(Old Municipal Airport) such as sign codes that will be different from the rest of the City.
Specific Commercial standards for the OMA Plaza will be presented next month. OMA
will contain Reserve areas for Commercial to ensure orderly development.
Reserve sections are included in the Code.
Parks and Recreation District will govern parks and golf courses.
Institutional District will provide “truth in advertising” to the City’s Zoning Code and
(Zoning Map).
Setbacks for Residential – Very Low and Residential – Low have been added to the table
contained under the Development Standards Article. Staff added a section to the
Development Standards Article per the City’s Affordable Housing Study and Affordable
Housing Ordinance that will allow the City to provide flexibility and density bonuses with
respect to the development of affordable low to moderate income housing.
Mr. Morris: If the Commission approves the text amendments, they will go through a
Committee system and be presented to City Council for a final decision.
MOTION – PROPOSED TEXT AMENDMENTS TO THE
CITY OF ROSWELL ZONING ORDINANCE
Commissioner Storey made a motion to approve the Text Amendments of Proposed
Ordinance 18-XXX as presented tonight at the Tuesday, June 26 Planning & Zoning
Commission Meeting.
Second by Commissioner McDaniel.
The motion passed by a voice vote of seven to zero.
Planning & Zoning Commission June 26, 2018 Minutes
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G. OTHER BUSINESS
Commissioner Storey asked if the City had an architect to work on the OMA master
plan.
Mr. Morris answered that the City has a design person to help with the Cielo Grande
Master Plan for reorganization of the plan to ensure there will be enough soccer fields
and parking in the future.
Commissioner Storey asked if the Aquatic Center and Recreation Center were being
built at the same time.
Mr. Najar answered it will be the Roswell Recreation and Aquatic Center.
Commissioner Storey asked if the Convention Center would be ready for Municipal
League conference.
Mr. Najar answered it would be ready for August 29, except the partitions in the new
hall.
Chair Armstrong asked if Union would be ready for the 4th of July.
Mr. Najar answered that Union would be ready in 2020. The rain on the weekends filled
up the ponds and the road and slowed down progress. The City will open
Montana/Union next week (4th of July week) for access to Cielo Grande.
H. PUBLIC COMMENTS
I. ADJOURN
Chair Armstrong adjourned the meeting at 6:48 p.m.
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Agenda
City of Roswell Planning & Zoning Commission Agenda
Tuesday, June 26, 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, Jana 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 May 22, 2018 P&Z Regular Meeting Minutes
F. Public Hearing Items
CASE 18-008 FPLAT: Review of a Final Plat to replat a C-2 property. Legal Description: Subd: FORREST
REDIVISION Block: 0 Lot: 1 THRU 9 INCLUDING VACATED PORTION OF FOREST STREET BETWEEN RICHARDSON
AVE & S MAIN ST & VACATED ALLEY, Subd: OLIVERS REDIV AMEND Block: 1 Lot: 1 THRU 22 INCLUDING
VACATED ALLEY , S: 8 T: 11S R: 24E BK: 804 PG: 526 SWD. & Subd: MAIN MCGAFFEY SUMMARY PLAT Lot: 2
BK: 804 PG: 526 SWD Property Address: 104 W McGaffey Street. (Owner: Retail Equity Development 5 LLC;
Red Shamrock 6 LLC; Retail Equity Development 7 LLC).
CASE 18-009 VAR: Request variance for a carport in the front yard setback in R-1. Legal Description:
Subd: KEITHS SOUTHSIDE REDIV Block: 8 Lot: 42 BK: 711 PG: 1453 QCDJT Property Address: 335 E Poe
Street. (Owner: Ivonne Castaneda & Alfredo Castaneda.)
CASE 18-010 CUP: Request for Major Home Occupation – Child Care in R-1. Legal Description: Subd:
THORNE Block: 3 Lot: 4 BK: 727 PG: 1493 REC Property Address: 406 S Cedar Avenue. (Owner: Danny
Guevara & Mariah Guevara).
PROPOSED TEXT AMENDMENTS TO THE CITY OF ROSWELL ZONING ORDINANCE: Review, discussion, and
recommendation of 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; 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: June 20, 2018
Planning & Zoning Commission Agenda 1 June 26, 2018
P&Z REGULAR MEETING DRAFT MINUTES
Tuesday, May 22, 2018 - 6:00 PM
Roswell Planning & Zoning Commission
Bassett Auditorium, Roswell Museum and Art Center
100 West 11th Street
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 –Chair Riley Armstrong
A regular meeting of the Planning & Zoning Commission was called to order at
approximately 6 p.m. by Chair Armstrong.
B. ROLL-CALL
Riley Armstrong (Chair) PRESENT
David Storey PRESENT
James MacCornack PRESENT
Saul Aguilar PRESENT
Janna Lessard PRESENT
Kent Taylor PRESENT
Jesse McDaniel ABSENT
Staff Members Present:
Merideth Hildreth, Planning & Zoning Administrator
Miguel Martinez, Planning & Zoning Technician
William Morris, AICP, CZO, Planning Manager
Louis Najar, Director of Planning & Engineering
Audience Members Present:
Michael Garcia, John M. Garcia, Lisa Dunlap (Roswell Daily Record)
Planning & Zoning Commission May 22, 2018 Minutes
Page 1 of 6
C. SWEARING IN: 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 Taylor.
The motion passed by a voice vote of six to zero. (Absent: Commissioner McDaniel)
E. MINUTES: Consider approval of the April 24, 2018 P&Z Regular Meeting Minutes
Commissioner Storey made a MOTION to approve the minutes for the April 24, 2018
Regular Planning & Zoning Commission Meeting.
Second by Commissioner MacCornack.
The motion passed by a voice vote of six to zero. (Absent: Commissioner McDaniel)
F. ACTION ITEMS (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).
Chair Armstrong: Introduced this case that was tabled at the March 27, 2018 Meeting
and asked for a motion to un-table the case.
Commissioner Storey made a MOTION to Un-table Case 18-004 from the March 27,
2018 meeting.
Second by Commissioner Taylor.
The motion passed by a voice vote of six to zero. (Absent: Commissioner McDaniel)
Commissioner Storey made a MOTION to waive the Reading of the Land Use and
Zoning Considerations and Finding of Facts for Case 18-004.
Second by Commissioner Aguilar.
The motion passed by a voice vote of six to zero. (Absent: Commissioner McDaniel)
Chair Armstrong: Is there anyone wishing to speak in favor of Case: 18-004?
In Favor:
Michael Garcia
Planning & Zoning Commission May 22, 2018 Minutes
Page 2 of 6
Chair Armstrong asked Mr. Garcia if he had made the changes to the property with the
extra time given.
Mr. Garcia answered “Yes.”
Mr. Morris stated that two items that had to be completed have been completed:
1. Tensioning the power line over the garage for adequate clearance; and
2. Demolishing the shed between the garage and the house.
Mr. Morris stated that Staff recommends the variances be granted due to the
completion of the items. Mr. Morris said that Staff had sent certified letters to the
storage (portable buildings) companies that describe the permitting process and have
spoken to some of them in person. He further stated that the portable buildings industry
had not served this client well.
Mr. Najar: The applicant did complete everything Staff asked. Mr. Najar agrees most of
the fault was with the industry not complying with City regulations and did not serve
their client well.
Chair Armstrong mentioned the applicant must submit a building permit and request a
building inspection and submit a curb cut permit.
Vice Chair Armstrong: Is there anyone wishing to speak against Case 18-004?
Against:
None
MOTION – 18-004 VAR
Commissioner Storey made a motion to approve Case Number 18-004 Variance along
with the Finding of Facts, Conclusions, and Staff recommendations, along with
testimony heard this evening.
Second by Commissioner Lessard.
The motion passed by a voice vote of six to zero. (Absent: Commissioner McDaniel)
Planning & Zoning Commission May 22, 2018 Minutes
Page 3 of 6
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.
Chair Armstrong: Introduced the Proposed Text amendment item and asked for a
motion to untable the item.
Commissioner Taylor made a motion to un-table the Proposed Text Amendments
presented at the April 22, 2018 P&Z meeting.
Second by Commissioner Storey.
The motion passed by a voice vote of six to zero. (Absent: Commissioner McDaniel)
Mr. Morris explained the intent of the proposed Text Amendments. This batch of
amendments focuses on the creation of additional zoning districts with respect to
proposed new development at the Old Municipal Airport and districts for some of the
larger uses such as Parks and Recreation and Institutional. He gave the example that
New Mexico Military Institute is zoned R-1 because the City lacks an Institutional District.
Mr. Morris said “societal infrastructure” includes detention centers, governmental
buildings, universities, and large medical facilities that are usually zoned Institutional.
The zoning map will exhibit “truth in advertising” by adding a Parks and Recreation
District and Institutional District that will show the world that the City of Roswell has
these land uses. Zoning districts would match the land uses on the ground.
Mr. Morris discussed plans to create additional residential districts. In the current
Zoning Code, the lowest density residential district is Rural Suburban that requires a 2.5
acre or over 100,000 square foot minimum per lot. The next lowest density is R-1
Residential District that requires 6,000 square feet minimum lot sizes. Estate type
neighborhoods could be established in the Old Municipal Airport area (OMA) with larger
lots. Establishing a Very Low Density Residential Zoning District would create lots
between one-half and one acre (21,780 and 43,560 square feet). Establishing a Low
Density Residential Zoning District would create one-quarter to one-half acre lots
(10,890 and 21,780 square feet). Mr. Morris is proposing a Mixed Use District in the
northwest quadrant of OMA with a mix of commercial and multi-family centered around
a plaza. The proposed ordinance to create the zoning districts is starting to take shape.
Mr. Morris discussed page two of the Text Amendment item that provides new
definition and clarifies the differences between light (brakes, oil and lube) and heavy
automotive repair (frame and body work, painting) and provides a clearer definition for
fueling stations. Several Reserve Chapters will also be added.
Planning & Zoning Commission May 22, 2018 Minutes
Page 4 of 6
The proposed zoning districts are:
Residential Very Low
Residential Low
Mixed Use Plaza
Parks & Recreation
Institutional
Commissioner Storey raised a question about allowing golf courses in Very Low Density
and Low Density Residential Districts. A discussion ensued.
Mr. Morris stated that some development might want to include private golf courses.
Mr. Morris went more in depth in explaining the Mixed Use Plaza District.
Mr. Morris introduced text amendments to distinguish between Convenience Stores
with and without Fueling Stations in C-1 and C-2 Commercial Districts. A discussion
ensued.
Mr. Morris recommended tabling the text amendments until the next meeting so the
Commissioners would have more time to review the proposed text amendments. Next
month there will be another cluster of text amendments which will include the design
criteria for OMA. Probably in two months the text amendments will be sent to City
Council. Mr. Morris stated he wants the Commissioners to be comfortable with the Text
Amendments and have time to review and discuss them.
Chair Armstrong requested receiving the Text Amendments earlier than the packet. He
expressed a concern that the newer members might benefit from workshops like have
been held in the past.
Mr. Najar asked if Chair Armstrong would like to see the OMA presentation.
Mr. Morris said Staff would set up a workshop at 5:00 prior to the June Planning &
Zoning Commission and show the OMA Master Planning presentation and hold a
discussion of the Text Amendments.
Mr. Morris mentioned page 10 of the text amendment item regarding Land
Development Standards for OMA. Mr. Morris refers to some properties as Future
Potential Commercial areas that are not available until a percentage of commercial is
built.
Planning & Zoning Commission May 22, 2018 Minutes
Page 5 of 6
Mr. Morris added setback standards to Very Low Density Residential (R-VL) and Low
Density Residential (R-L) Residential Districts on the Development Standards Table on
page 14. The City completed an Affordable Housing Study and passed an Affordable
Housing Ordinance. This enables the City to incentivize affordable housing by various
means and added a density bonus section under the Development Standards Article.
MOTION – PROPOSED TEXT AMENDMENTS TO THE
CITY OF ROSWELL ZONING ORDINANCE
Commissioner Storey made a motion to table the Proposed Text Amendments until
the June 26, 2018 meeting.
Second by Commissioner MacCornack.
The motion passed by a voice vote of six to zero. (Absent: Commissioner McDaniel)
G. OTHER BUSINESS
Commissioner Storey asked about the outcome of the Harding Carver Plat to redevelop
Mesa Park Pool at City Council.
Mr. Morris said City Council approved the Minor Plat unanimously. Staff was supportive
of the plat as an adaptive reuse infill project and compatible with the surrounding area.
There was a petition with 20 signatures, but no one showed up to the Council Meeting
to speak.
H. PUBLIC COMMENTS
None
I. ADJOURN
Chair Armstrong adjourned the meeting at 6:55 p.m.
Planning & Zoning Commission May 22, 2018 Minutes
Page 6 of 6
EXHIBIT A: 18-008 APPLICATION
EXHIBIT B: STAFF SUMMARY FOR CASE 18-008 (FPLAT)
104 W MCGAFFEY/1300 S MAIN STREET
(Page 1 of 5)
Roswell Planning & Zoning Commission
Tuesday, June 26, 2018
Bassett Auditorium, Roswell Museum and Art Center
100 West 11th Street
APPLICATION: CASE 18-008 (FPLAT): A REQUEST FOR A FINAL PLAT FOR A MINOR SUBDIVISION
I. PROPERTY INFORMATION:
Property Location: 104 W MCGAFFEY/1300 S MAIN STREET
Legal Description: Subd: FORREST REDIV Block: 0 Lot: 1 THRU 9 INCLUDING VACATED
PORTION OF FOREST STREET BETWEEN RICHARDSON AVE & S MAIN ST
AND VACATED ALLEY, Subd: OLIVERS REDIV AMEND Block: 1 Lot 1
THRU 22 INCLUDING VACATED ALLEY, S: 8 T: 11S R: 24E BK: 804 PG:
526 SWD
Owner: Retail Equity Development 7 LLC, Retail Equity Development 5 LLC,
Red Shamrock 6 LLC
Agent: Melvin R Pyeatt, Jr.
Request: Request for a Final Plat for Roswell Pavilion Shopping Center Plat, a
Minor Plat to consolidate smaller lots, reconfigure lots for lease
purposes, and to create an outparcel on the property’s southeast
corner.
II. Site Data: 274,806 +/- square feet or approximately 6.3 acres
Existing Land Use: Developed Shopping Center and a vacant 61’X282’ parcel
Proposed Land Use: Roswell Pavilion Shopping Center Plat: Remodel and upgrade existing
tenant spaces, upgrade the commercial lots, and create an outparcel
for potential development.
Existing Zoning: C-2
Table 1: Adjacent Existing Land Use and Zoning
Direction: Land Use: Zoning:
NORTH COMMERCIAL C-2
SOUTH COMMERCIAL & RESIDENTIAL C-2 & R-2
EAST COMMERCIAL C-2
WEST COMMERCIAL & RESIDENTIAL C-2, R-2 & R-3
Planning & Zoning, 18-008 FPLAT Page 1 of 5 June 26, 2018
EXHIBIT B: STAFF SUMMARY FOR CASE 18-008 (FPLAT)
104 W MCGAFFEY/1300 S MAIN STREET
(Page 2 of 5)
Chaves County Assessor’s Map
Zoning Map –18-008 (FPLAT)
Planning & Zoning, 18-008 FPLAT Page 2 of 5 June 26, 2018
EXHIBIT B: STAFF SUMMARY FOR CASE 18-008 (FPLAT)
104 W MCGAFFEY/1300 S MAIN STREET
(Page 3 of 5)
III. Intent of Petition:
The owner of the property zoned C-2 located at 104 W McGaffey/1300 S Main Street
(previously Skeen’s Furniture) is seeking approval of a Final Minor Plat for Roswell Pavilion
Shopping Center in order to consolidate smaller lots, reconfigure lots for lease purposes, and
to create an outparcel on the property’s southeast corner.
IV. Land Use and Zoning Considerations:
1. The 6.3 acre area under consideration for a Final Plat is a shopping center that has a few
tenants and large tenant spaces that have been vacant for several years.
2. The shopping center is zoned C-2. Walgreens is contiguous but not included in the replat
area.
3. The owner is requesting the replat in order to reconfigure the lease areas for
marketability and to create an outparcel.
4. Planning & Engineering staff have reviewed the proposed plat and have approved the
design.
Roswell Pavilion
Shopping Center Plat
Detail
Planning & Zoning, 18-008 FPLAT Page 3 of 5 June 26, 2018
EXHIBIT B: STAFF SUMMARY FOR CASE 18-008 (FPLAT)
104 W MCGAFFEY/1300 S MAIN STREET
(Page 4 of 5)
V. Findings of Fact (Conclusions of Law):
1. A notice of the time and place of the public hearing for this case was published in the
Roswell Daily Record at least fifteen (15) days prior to the date of this hearing.
2. Notification of the public hearing was mailed via certified mail with return receipt
requested to property owners of record, as shown by the Chaves County Assessor, with
lots or land within one-hundred (100) feet of the area under consideration, excluding
public rights-of-way.
3. This agenda which includes this case has been posted at City Hall and on the City of
Roswell’s website for over seventy-two (72) hours as required by State of New Mexico
law for a public hearing.
4. As of the time of this writing, there have been zero (0) written and zero (0) verbal protests
received by the Planning & Zoning Office. Staff received several calls requesting
clarification of the case.
5. City of Roswell 2016 Comprehensive Master Plan “Preferred Land Use Scenario” indicates
this area as a commercial area within an “Infill/Redevelopment Opportunities” area.
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 and Subdivision Regulations, Staff recommends approval of Case 18-008 FPLAT
for a Final Minor Plat for Roswell Pavilion Shopping Center with the provision that the
developer install firewalls that meet the 2015 IFC and 2015 IBC where lot lines divide
buildings into separate lots. The Planning & Zoning Commission’s recommendation will be
presented to City Council for a final decision
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. Staff recommends approval. City Council will make
the final decision regarding this case.
Planning & Zoning, 18-008 FPLAT Page 4 of 5 June 26, 2018
EXHIBIT B: STAFF SUMMARY FOR CASE 18-008 (FPLAT)
104 W MCGAFFEY/1300 S MAIN STREET
(Page 5 of 5)
Planning & Zoning, 18-008 FPLAT Page 5 of 5 June 26, 2018
EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR
ZONING CASE 18-008 (FPLAT)
LETTER SENT VIA CERTIFIED MAIL ON JUNE 8, 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) 637-6277
RE: PUBLIC HEARING NOTICE for ZONING CASE 18-008 (FPLAT)
Application for Approval of a Final Plat
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 18-008 FPLAT. The Property Owner in this
case is requesting approval of a Minor Subdivision Final Plat in the C-2 (Community Commercial) Zoning District.
PROPERTY LOCATION: 104 W MCGAFFEY (Also known as 1300 or 1302 S MAIN) (Formerly Skeens)
LEGAL DESCRIPTION: Subd: FORREST REDIVISION Block: 0 Lot: 1 THRU 9 INCLUDING VACATED PORTION OF
FOREST STREET BETWEEN RICHARDSON AVE & S MAIN ST & VACATED ALLEY, Subd: OLIVERS REDIV AMEND
Block: 1 Lot: 1 THRU 22 INCLUDING VACATED ALLEY , S: 8 T: 11S R: 24E BK: 804 PG: 526 SWD. & Subd: MAIN
MCGAFFEY SUMMARY PLAT Lot: 2 BK: 804 PG: 526 SWD
OWNER OF PROPERTY: Retail Equity Development 5 LLC; Red Shamrock 6 LLC; Retail Equity Development 7 LLC
AGENT: Melvin R Pyeatt Jr
CURRENT ZONING DISTRICT: C-2
REQUEST: A Request for approval of a Minor Subdivision Final Plat.
The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on
TUESDAY, June 26, 2018 at 6:00 p.m., in the Bassett Auditorium at the Roswell Museum and Art Center,
located at 100 West 11th Street. You are entitled, although not obligated, to comment either in writing to our
office or in person at the hearing.
To be considered, written protests must be submitted to the Planning and Zoning Office no later than noon on
the working day prior to the Planning and Zoning Commission meeting. Providing written input to the Planning
and Zoning Office at least ten days prior to the hearing will allow your concerns to be addressed in the Staff
Report. Written comments may be delivered to the Planning & Zoning Office at 415 North Richardson Avenue,
or sent to: City of Roswell, Zoning Administrator, PO BOX 1838, Roswell, NM 88202-1838 or via email to
m.hildreth@roswell-nm.gov or submitted in person to the Planning & Zoning Office.
The information packet for this zoning case will be available after 1:00 p.m., on Wednesday, June 20, 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/189/Planning-Zoning
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 18-008 (FPLAT)
CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION (104 W MCGAFFEY)
FOR CONSIDERATION OF APPROVAL OF MINOR SUBDIVISION FINAL PLAT
AND PROPERTIES WITHIN NOTIFICATION AREA
2 3 4
32
33
5
31 7
26
6
30
1B
8
29
26
28 11
26 1A
27 9
26
26
12
25
24
10
22 20 18 16
23
19 17 15 14
21
13
PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA
104 W McGaffey (FORMERLY SKEENS)
EXHIBIT E: 18-008 (FPLAT) LIST OF PROPERTY OWNERS NOTIFIED
1 14
RETAIL EQUITY DEVELOPMENT 5 LLC DICKIE DAVIS & PAM DAVIS
RED SHAMROCK 6 LLC 1400 S MAIN ST
RETAIL EQUITY DEVELOMENT 7 LLC ROSWELL, NM 88203
8220 SAN PEDRO NE, STE 500
ALBUQUERQUE, NM 87113 15
VLADIMIR VILTCHINSKI & ELENA VILTCHINSKAIA
2 102 W WILDY ST
LOUIS R ANGELOS JR & PAMELA JEAN ANGELOS ROSWELL, NM 88203
3314 HIGHLAND ROAD
ROSWELL, NM 88201 16
BENNY R LUERAS & TINA LUERAS
3 807 CONCHAS PL
JONES LIMITED PARTNERSHIP ROSWELL, NM 88203
5908 LOS HERMANOS CT NE
ALBUQUERQUE, NM 87111 17
REECE J SMOLKY & BRUCE B SMOLKY
4 4 TAOS CT
SAFEWAY INC ROSWELL, NM 88201
7830 ORLANDO AVE
LUBBOCK, TX 79423 18
LOLLIE URBAN
5&6 25 GAIL HARRIS ST
JOHNSON TRUST ROSWELL, NM 88203
C/O JOEL JOHNSON
37 BROOKHAVEN PL 19
LITTLETON, CO 80123 JESUS REYNALDO MORALES & SILVIA MORALES
213 US HWY 285
7 ENCINO, NM 88231
SS&S PROPERTIES LLC
502 BARNETT DR 20
ROSWELL, NM 88203 JIMMY R RAMIREZ
802 BARNETT DR
8 ROSWELL, NM 88203
CHAVES COUNTY
ATT: PLANNING & ZONING DEPT 21
PO BOX 1817 MANUEL CARO-RODRIGUEZ & MARTHA RODRIGUEZ-LOPEZ
ROSWELL, NM 88202 116 W WILDY ST
ROSWELL, NM 88203
9
KURT RICHARDSON & SANDRA RICHARDSON 22
1510 LATIGO CIR REBECCA PEREZ & JOSE MORENO
ROSWELL, NM 88201 309 E HARVEY ST
ROSWELL, NM 88203
10
MATTHEW LITTLE & MONICA LITTLE 23
1909 N GARDEN AVE RUBEN M GONZALES & DOROTHY H GONZALES
ROSWELL, NM 88201 200 W WILDY ST
ROSWELL, NM 88203
11 & 12
ROBERT CROW & ROZAN CROW 24
1 GAYE DR CHARLES D COBOS
ROSWELL, NM 88201 1710 N PONTIAC DR
ROSWELL, NM 88201
13
UNITED NEW MEXICO BANK 25 & 26
PO BOX 2609 WES HOME SOLUTIONS
CARLSBAD, CA 92018 2502 GAYE DR
ROSWELL, NM 88201
EXHIBIT E: 18-008 (FPLAT) LIST OF PROPERTY OWNERS NOTIFIED
27
TINA M TYREE
PO BOX 1302
LA LUZ, NM 88337
28
JULIAN CARLOS REVOCABLE TRUST
PO BOX 1106
ROSWELL, NM 88202
29 & 30
MANUEL GUTIERREZ & MARIA ELENA GUTIERREZ
1210 S RICHARDSON AVE
ROSWELL, NM 88203
31
DAVID MELENA
24 MORNINGSIDE DR
ROSWELL, NM 88201
32
RICK WILES
PO BOX 1750
ARTESIA, NM 88211
33
MAIN/MCGAFFEY LLC
MILTON W HOWE
4141 SMITH GRADE
SANTA CRUZ, CA 95060
EXHIBIT A: 18-009 VAR APPLICATION - 335 E POE STREET
VAR
EXHIBIT B: STAFF SUMMARY FOR CASE 18-009 (VAR)
335 E POE STREET
(Page 1 of 4)
Roswell Planning & Zoning Commission
6:00 p.m., Tuesday, June 26, 2018
Bassett Auditorium, Roswell Museum and Art Center
100 West 11th Street
APPLICATION: CASE 18-009 (VAR): REQUEST FOR A VARIANCE
I. Property Location: 335 E POE ST
Legal Description: Subd: KEITHS SOUTHSIDE REDIV Block: 8 Lot: 42 BK 711 PG 1453 QCDJT
Owner: ALFREDO & IVONNE CASTANEDA
Request: Request for a Variance for a carport in the front yard setback
II. Site Data:
Site Area: 58 feet wide by 123 feet depth: 7134 ± square feet
UPC: 4136063233513000000
Existing Land Use: Single Family Residential
Proposed Land Use: Single Family Residential with carport extending into front yard
setback
Existing Zoning: R-1
Table 1: Adjacent Existing Land Use and Zoning
Direction: Land Use: Zoning:
North Residential R-1
South Vacant C-2
East Residential R-1
West Residential R-1
Planning & Zoning, 18-009 VAR Page 1 of 4 June 26, 2018
EXHIBIT B: STAFF SUMMARY FOR CASE 18-009 (VAR)
335 E POE STREET
(Page 2 of 4)
Chaves County Assessor’s Map
Zoning Map for 18-009 (VAR)
Planning & Zoning, 18-009 VAR Page 2 of 4 June 26, 2018
EXHIBIT B: STAFF SUMMARY FOR CASE 18-009 (VAR)
335 E POE STREET
(Page 3 of 4)
III. Intent of Petition:
The owner of the residential property at 335 E Poe Street is requesting a variance to allow an existing
carport to encroach in the front yard setback.
IV. Land Use and Zoning Considerations:
1. The property is zoned R-1 (Residential District).
2. Minimum requirement in R-1 zoning district is a twenty-five (25) foot front yard setback.
3. Carport posts are approximately sixteen feet (16’) from front property line.
4. Carport was constructed without a building permit. Building Inspector red tagged carport
on 5/3/18. Applicant submitted building permit application with site plan and applied for
a variance.
5. City Staff issued two permits for carports
at 329 E Poe and 331 E Poe in 1999, which
set a precedence on this portion of the
block for permitted carports encroaching
in the front yard setback.
Planning & Zoning Staff Photo: May 18, 2018
Applicant’s Site Plan Included with
Building Permit Application
Planning & Zoning, 18-009 VAR Page 3 of 4 June 26, 2018
EXHIBIT B: STAFF SUMMARY FOR CASE 18-009 (VAR)
335 E POE STREET
(Page 4 of 4)
V. Findings of Fact (Conclusions of Law):
1. A notice of the time and place of the public hearing for this case was published in the
Roswell Daily Record at least fifteen (15) days prior to the date of this hearing.
2. Notification of the public hearing was mailed via certified mail with return receipt
requested to property owners of record, as shown by the Chaves County Assessor, with
lots or land within one-hundred (100) feet of the area under consideration, excluding
public rights-of-way.
3. This agenda which includes this case has been posted at City Hall and on the City of
Roswell’s website for over seventy-two (72) hours as required by State of New Mexico
law for a public hearing.
4. As of the time of this writing, there have been zero (0) written and zero (0) verbal protests
received by the Planning & Zoning Office.
VI. Staff Recommendation:
Based on the findings of fact, the nature of the proposed land use consideration, the
regulations established in the Zoning Ordinance, and the precedence previously established
on this portion of East Poe Street through the building permit process, Staff recommends
Zoning Case 18-009 VAR be approved upon meeting the following conditions:
1. Building permit must be submitted.
2. Structure must pass inspection by City Building Inspector.
VII. Action by the Planning & Zoning Commission:
The Planning and Zoning Commission may make a motion to approve, deny, or table this
application based on Findings of Fact, Land Use and Zoning Considerations, and testimony
and material introduced at the hearing. The Planning and Zoning Commission may choose to
add conditions if a decision is made to grant a Variance.
Planning & Zoning, 18-009 VAR Page 4 of 4 June 26, 2018
EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR CASE 18-009 (VAR)
LETTER SENT VIA CERTIFIED MAIL ON JUNE 6, 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) 637.6277
RE: PUBLIC HEARING NOTICE for ZONING CASE 18-009 VAR
Application for a Zoning Variance
You have received this notice via certified mail because Chaves County Assessor information indicates you are a
property owner of record within 100 feet of Planning & Zoning Case 18-009 VAR. The Property Owner in this case is
requesting a Variance for a carport in the front yard setback.
PROPERTY LOCATION: 335 E POE ST
LEGAL DESCRIPTION: Subd: KEITHS SOUTHSIDE REDIV Block: 8 Lot: 42 BK 711 PG 1453 QCDJT
OWNER OF PROPERTY: ALFREDO & IVONNE CASTANEDA
ZONING DISTRICT: R-1
The City of Roswell Planning and Zoning Commission will hear public comments on the above case on TUESDAY,
JUNE 26, 2018 at 6:00 p.m., in the Bassett Auditorium at the Roswell Museum and Art Center, located at 100 West
11th Street. You are entitled, although not obligated, to comment either in writing to our office or in person at the
hearing.
To be considered, written protests must be submitted to the Planning and Zoning Office no later than noon on the
working day prior to the Planning and Zoning Commission meeting. Providing written input to the Planning and Zoning
Office at least ten days prior to the hearing will allow your concerns to be addressed in the Staff Report. Written
comments may be delivered to the Planning & Zoning Office at 415 North Richardson Avenue, or sent to: City of Roswell,
Zoning Administrator, PO BOX 1838, Roswell, NM 88202-1838 or via email to m.hildreth@roswell-nm.gov or submitted
in person to the Planning & Zoning Office.
The information packet for this zoning case will be available after 1:00 p.m., on Wednesday, June 20, 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/189/Planning-Zoning
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 18-009 (VAR) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION
FOR VARIANCE AND PROPERTIES WITHIN NOTIFICATION AREA
4
5
7 6
8
3
1 2
10
9
11
12
PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA
EXHIBIT E: 18-009 VAR -- LIST OF PROPERTY OWNERS NOTIFIED
1. ALFREDO & IVONNE CASTANEDA
335 E POE ST
ROSWELL, NM 88203
2. AURORA JIMENEZ
337 E POE ST
ROSWELL, NM 88203
3. GABRIELA MARTINEZ-MERCADO
1507 PECOS DR
ROSWELL, NM 88203
4. MARY JANE COBOS; ANNETTE M VIGIL
2208 S WASHINGTON AVE
ROSWELL, NM 88203
5. CRUZ DILLARD, OLGA FUENTES; JOE F DILLARD
334 E HERVEY ST
ROSWELL, NM 88203
6. MARIANO E ESPINOZA JR
2804 PRINCETON DR
ROSWELL, NM 88203
7. JOSE E BERRONES
PO BOX 1652
ROSWELL, NM 88202
8. ELIA SERNA
328 E HERVEY ST
ROSWELL, NM 88203
9. ROBERT A GIBSON SR; ESTHER M GIBSON
331 E POE ST
ROSWELL, NM 88203
10. LUIS G RODRIQUEZ; LYDIA RODRIQUEZ
333 E POE ST
ROSWELL, NM 88203
11. TOWN & COUNTRY FOOD STORES INC
C/O KE ANDREWS & COMPANY
1900 DALROCK RD
ROWLETT TX 75088
12. B P O ELKS (LODGE 969)
BOX 1678
ROSWELL, NM 88202
EXHIBIT A: 18-010 CUP APPLICATION 406 S CEDAR AVENUE
EXHIBIT B: STAFF SUMMARY FOR CASE 18-010 (CUP)
406 S CEDAR AVENUE
(PAGE 1 OF 4)
Roswell Planning & Zoning Commission
Tuesday, June 26, 2018
Bassett Auditorium, Roswell Museum and Art Center
100 West 11th Street
APPLICATION: CASE 18-010 (CUP): CONDITIONAL USE PERMIT FOR A CHILD CARE CENTER
I. Property Location: 406 S CEDAR AVENUE
Legal Description: Subd: THORNE Block: 3 Lot: 4 BK 727 PG 1493 REC
Owner: DANNY & MARIAH GUEVARA
Request: A Request for a Conditional Use Permit to operate a Major Home
Occupation Child Care Center.
II. Site Data:
Site Area: 60’ X 130’ Interior Lot
UPC: 4134062164155000000
Existing Land Use: Single Family Dwelling
Proposed Land Use: Single Family Dwelling with Child Care Center
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, 18-010 CUP Page 1 of 4 June 26, 2018
EXHIBIT B: STAFF SUMMARY FOR CASE 18-010 (CUP)
406 S CEDAR AVENUE
(PAGE 2 OF 4)
Chaves County Assessor’s Map
Zoning Map for 18-010 (CUP)
Planning & Zoning, 18-010 CUP Page 2 of 4 June 26, 2018
EXHIBIT B: STAFF SUMMARY FOR CASE 18-010 (CUP)
406 S CEDAR AVENUE
(PAGE 3 OF 4)
III. Intent of Petition:
The owner of the residential property at 406 S Cedar Avenue is requesting a Conditional Use Permit
to operate a Child Care Center.
IV. Land Use and Zoning Considerations:
1. The property under consideration is an interior lot currently zoned R-1.
2. The property is approximately 60’ wide by 130’ in depth.
3. Property is surrounded by residential properties and R-1 District.
4. Property owner widened the drivepad to a width of approximately 19 feet.
Staff Photo of Drivepad
Planning & Zoning, 18-010 CUP Page 3 of 4 June 26, 2018
EXHIBIT B: STAFF SUMMARY FOR CASE 18-010 (CUP)
406 S CEDAR AVENUE
(PAGE 4 OF 4)
V. Findings of Fact (Conclusions of Law):
1. A notice of the time and place of the public hearing for this case was published in the
Roswell Daily Record at least fifteen (15) days prior to the date of this hearing.
2. Notification of the public hearing was mailed via certified mail with return receipt
requested to property owners of record, as shown by the Chaves County Assessor, with
lots or land within one-hundred (100) feet of the area under consideration, excluding
public rights-of-way.
3. This agenda which includes this case has been posted at City Hall and on the City of
Roswell’s website for over seventy-two (72) hours as required by State of New Mexico law
for a public hearing.
4. As of the time of this writing, there have been one (1) 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 approval of Zoning Case 18-010 CUP.
VII. Action by the Planning & Zoning Commission:
The Planning and Zoning Commission may 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, 18-010 CUP Page 4 of 4 June 26, 2018
EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR
ZONING CASE 18-010 (CUP)
LETTER SENT VIA CERTIFIED MAIL ON JUNE 6, 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) 637-6277
RE: PUBLIC HEARING NOTICE for ZONING CASE 18-010 (CUP)
Application for Major Home Occupation – Childcare
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 18-010 CUP. The Property Owner in this
case is requesting approval of a Conditional Use Permit in the R-1 (Residential) Zoning District.
PROPERTY LOCATION: 406 S CEDAR AVENUE
LEGAL DESCRIPTION: Subd: THORNE Block: 3 Lot: 4 BK: 727 PG: 1493 REC
OWNER OF PROPERTY: Danny Guevara and Mariah Guevara
CURRENT ZONING DISTRICT: R-1
REQUEST: A Request for a Conditional Use Permit for Major Occupation – Childcare for up to twelve children.
The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on
TUESDAY, June 26, 2018 at 6:00 p.m., in the Bassett Auditorium at the Roswell Museum and Art Center,
located at 100 West 11th Street. You are entitled, although not obligated, to comment either in writing to our
office or in person at the hearing.
To be considered, written protests must be submitted to the Planning and Zoning Office no later than noon on
the working day prior to the Planning and Zoning Commission meeting. Providing written input to the Planning
and Zoning Office at least ten days prior to the hearing will allow your concerns to be addressed in the Staff
Report. Written comments may be delivered to the Planning & Zoning Office at 415 North Richardson Avenue,
or sent to: City of Roswell, Zoning Administrator, PO BOX 1838, Roswell, NM 88202-1838 or via email to
m.hildreth@roswell-nm.gov or submitted in person to the Planning & Zoning Office.
The information packet for this zoning case will be available after 1:00 p.m., on Wednesday, June 20, 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/189/Planning-Zoning
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 18-010 (CUP)
CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION (406 S CEDAR AVENUE)
FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE CENTER
AND PROPERTIES WITHIN NOTIFICATION AREA
15 16
4 3
5 2 14
6 1 13
12
7 9
8 10 11
PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA
406 S CEDAR AVENUE
EXHIBIT E: 18-010 (CUP) LIST OF PROPERTY OWNERS NOTIFIED
1. DANNY & MARIAH GUEVARA 15 & 16. J&S HOLDINGS, LLC
406 S CEDAR AVE 2 TOTTENHAM CT
ROSWELL, NM 88203 ROSWELL, NM 88201
2. PAUL S & ELIZABETH T WEIKEL
5002 THUNDERBIRD LN
ROSWELL, NM 88201
3. MARIA VIGIL
402 S CEDAR AVE
ROSWELL, NM 88203
4. GERARDO D & MARTHA GONZALEZ
403 S ASPEN AVE
ROSWELL, NM 88203
5. ALAN S & ONALISA SMITH
405 S ASPEN AVE
ROSWELL, NM 88203
6. ROBERT L & LISA E SMITH
407 S ASPEN AVE
ROSWELL, NM 88203
7. LNJ II, LLC
6913 GUADALUPE TR NW
ALBUQUERQUE, NM 87107
8. TEODORO N VILLA
340 PAMELA KAY LN
LA PUENTE, CA 91746
9. MARY J WARD REVOCABLE TRUST ; MARY J
WARD, TRUSTEE
2607 SERENATA DR
ROSWELL, NM 88201
10. MICHAEL ROBERTSON
410 S CEDAR AVE
ROSWELL, NM 88203
11. ANTONIO GUARDADO
412 S CEDAR AVE
ROSWELL, NM 88203
12. MILTON CLAY CUNNINGHAM
409 S CEDAR AVE
ROSWELL, NM 88203
13. SEAN P KERWICK
407 S CEDAR AVE
ROSWELL, NM 88203
14. JAMES M SCOTT
405 S CEDAR AVE
ROSWELL, NM 88203
EXHIBIT E: 18-010 CUP PROTEST LETTER
AGENDA ITEM 4
JUNE 26, 2018 PLANNING & ZONING COMMISSION
STAFF SUMMARY FOR TEXT AMENDMENTS
PROPOSED ORDINANCE NO. 18-XX
Roswell Planning & Zoning Commission
Tuesday, June 26, 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 June 26,
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
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