Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, November 27, 2018 at 6:00 PM Bassett Auditorium, Roswell Museum and Art Center 1011 N Richardson Ave Chair: Riley Armstrong; Vice Chair: David Storey; Secretary: Jesse McDaniel Members: Kent Taylor, Saul Aguilar, James MacCornack, Jana Lessard Engineering & PW Director, Louis Najar, P.E.; Community Development Director: William Morris, AICP, CZO; Planning & Zoning Administrator: Merideth Hildreth, AICP; Planning & Zoning Technician: Miguel Martinez A. Call to Order B. Roll-Call C. Swearing In D. Approval of the Agenda E. Approval of the October 23, 2018 P&Z Workshop Minutes F. Approval of the October 23, 2018 P&Z Regular Meeting Minutes G. Public Hearing Items CASE 18-022 VAR: Request for 17’ variance in rear yard setback for an apartment in R-3 (Residential) zoning district. Legal Description: Subd: LINDA ESTADO 1-A Lot: 9 Quarter: NE S: 21 T: 10S R: 24E BK: 800 PG: 1762 WD. Property Address: 3017 Mission Arch Dr. (Owner: Molly Kaye Redden). 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. H. Other Business I. Public Comments J. Reports/Announcements K. 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 18-55. 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: November 21, 2018 Page 1 of 36  P&Z WORKSHOP DRAFT MINUTES Tuesday, October 23, 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: Kent Taylor, Saul Aguilar, James MacCornack, Jana Lessard Community Development Staff: William Morris, AICP, CZO; Merideth Hildreth, AICP; Miguel Martinez Engineering Staff: Louis Najar, PE Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4, NMSA 1978 and City of Roswell, NM Resolution 18-55. A. CALL TO ORDER AND WELCOME –Chair Riley Armstrong Chair Armstrong called to order the Planning & Zoning Commission Workshop at approximately 5:04 p.m. B. ROLL-CALL Riley Armstrong (Chair) PRESENT David Storey PRESENT Kent Taylor ABSENT Jesse McDaniel ABSENT Saul Aguilar PRESENT Jana Lessard ABSENT James MacCornack PRESENT Staff Members Present: Merideth Hildreth, Planning & Zoning Administrator Miguel Martinez, Planning & Zoning Technician William Morris, AICP, CZO, Director of Community Development Louis Najar, Director of Planning & Engineering Audience Members Present: Judy Stubbs (City Councilor), Larry Connolly Page 2 of 36 C. WORKSHOP BUSINESS Mr. Morris reviewed the following items: Let the Record show that Jesse McDaniel joined the meeting at 5:07 p.m. ARTICLE 3: Procedures, Amendments, and Changes Section 7: Annexation of Territory Mr. Morris: Reviewed the three methods of annexation, wanted to include the state statute language in the Zoning Ordinance. 1. Petition Method – property owners ask to come into the city. 2. Arbitration Method – somebody is asking to come into the city as a private owner. 3. Municipal Boundary Commission Method – a group of people not associated with your community listens to the merits of the proposed annexations and rule on it. Chair Armstrong: This text comes from state statutes, so do other municipalities use and make adjustments from this text? Mr. Morris: No, state statutes lay out the three methods available. An individual can ask to come in as a private property owner, a group of people can ask to be petitioned in, or a local government can request annexation of an area. Commissioner Storey: Under Arbitration Method in the packet, it states “the benefits of annexation can be made within a reasonable time frame.” Does that apply to the other two options? Mr. Morris: Yes, the condition applies to all three options. The Annexation Commission requires utilities and services be provided to properties annexed. Staff will add another paragraph under Section 3 with the language, “The benefits of annexation will be made within a reasonable time frame for all annexation methods.” One of the benefits of being annexed is that a property will obtain the services that all property owners in the City receive. The City has to show capacity and ability to provide services, utilities, and first responder service to annexation areas and provide a time line. Councilor Stubbs: How is “reasonable time” defined? Mr. Morris: This is a question frequently raised in courts of law. Five years is a reasonable amount of time that is typically recognized. ARTICLE 4: Definitions Mr. Morris: Explained the difference between Indoor Entertainment and Outdoor Entertainment, the difference between Light Automotive Repair and Heavy Automotive Repair. Fueling stations have pumps. Staff wanted to break out the definition of Townhouse/Townhome and create a definition for Triplex. Page 3 of 36 ARTICLE 5: Establishment of Zoning Districts Mr. Morris: This page shows the zoning districts to be created. ARTICLE 8: R-VL Residential Very Low District Mr. Morris: Staff kept these uses similar to Rural Suburban with single-family between 1 and 2 units per acre. ARTICLE 10: R-L Residential Low District Mr. Morris: This district is for single family residential with 2 to 4 units per acre. ARTICLE 26: MXP Mixed Use Plaza District Mr. Morris: City owned properties in the Old Municipal Airport (OMA) will have design standards applied to them parcels that are sold for development. The Mixed Use Plaza District is a high intensity, high density component of the Old Municipal Airport Master Plan. This includes Special Use Permits for outdoor seating areas. This area will have standards for large, wide sidewalks in the plaza to enable cafés and other businesses to have outdoor seating. The intent is to encourage commercial on the ground floor with wide sidewalks and a residential component above the commercial based on R-4 Multi- family criteria. ARTICLE 28: C-1 Neighborhood Commercial District Mr. Morris: Staff has some concerns that some of the C-1 parcels are very small with a gas station and convenience stores. There are multiple access points on corner lots. This amendment creates a provision for Special Use Permits for Convenience Stores with Fueling Stations. He explained Section 4 of C-2, Commercial Reserve Zones in OMA. ARTICLE 30: C-2 Community Commercial District Mr. Morris: This amendment clarifies Automotive Light allowed by right in C-2. Automotive Heavy will be relegated to Industrial districts. This amendment will remove RV Parks from C-2 and place it under its own zoning category. ARTICLE 38: I-1 Light Industrial District Mr. Morris: Automotive Repair, Heavy will be added under Permitted Uses to the I-1 District. It makes sense to allow Child care centers in the Industrial Districts, such as near the university and airport and industries in the industrial park with a Special Use Permit. ARTICLE 42: P-R Parks and Recreation District Mr. Morris: The purpose is to showcase what Roswell has on the zoning map. Right now, there is no green on the zoning map. This will allow the map to show parks, golf courses, recreation center, and other quality of life amenities. Page 4 of 36 David Storey: Should the golf courses be specified as public and private under Special Uses? Mr. Morris: Staff will include private golf courses in the text amendment. ARTICLE 44: INST Institutional District Mr. Morris: The INST District will indicate institutional facilities (public libraries, courthouses, government buildings, etc.) and identify where they are on the map. New Mexico Military Institute (NMMI) is zoned R-1 and is not R-1 by any stretch of the imagination. ARTICLE 46: RVP Recreational Vehicle Park Mr. Morris: Staff has moved RV Parks from C-2 and created its own zoning district. No changes have been made to the text. Mr. Storey: Asked to add to the amendment under A. Development Plan “Plans shall be drawn to a minimum scale on 11X17.....” Mr. Morris: We can state “Plans will be a minimum 11X17 or larger as needed.” Commissioner Storey: Can we make a recommendation to move forward with the Text Amendments we have already looked at? Mr. Morris: We will take anything we can so we can process the amendments through the Legal Committee. I recommend we take a break here. Chair Armstrong: After we hear the last case for tonight, are we going to hear the rest of these before Non-Action Items? Mr. Morris: We would like to get through everything up to Article 70. (The following articles were not discussed during the P&Z Workshop) ARTICLE 50: Development Standards ARTICLE 30: C-2 Community Commercial (Strike RV Park Standards) ARTICLE 52: Building and Performance Standards ARTICLE 62: Home Occupations ARTICLE 66: Non-Conforming Uses ARTICLE 70: Design Guidelines – Old Municipal Airport (new) D. ADJOURN Chair Armstrong adjourned the meeting at 5:48 p.m. Page 5 of 36  P&Z REGULAR MEETING DRAFT MINUTES Tuesday, October 23, 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: Kent Taylor, Saul Aguilar, James MacCornack, Jana Lessard Community Development Staff: William Morris, AICP, CZO; Merideth Hildreth, AICP; Miguel Martinez Engineering Staff: Louis Najar, PE Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4, NMSA 1978 and City of Roswell, NM Resolution 18-55. A. CALL TO ORDER AND WELCOME –Chair Riley Armstrong A regular meeting of the Planning & Zoning Commission was called to order at approximately 6:02 p.m. by Chair Armstrong. B. ROLL-CALL Riley Armstrong (Chair) PRESENT David Storey PRESENT Kent Taylor ABSENT Jesse McDaniel PRESENT Saul Aguilar PRESENT Jana Lessard ABSENT James MacCornack PRESENT Staff Members Present: Louis Najar, PE, Director of Engineering & Public Works William Morris, AICP, CZO, Director of Community Development Merideth Hildreth, AICP, Planning & Zoning Administrator Miguel Martinez, Planning & Zoning Technician Audience Members Present: Larry Connolly, Lionel Renteria, Rosa Renteria, Robert Kurtz, Cassandra Flores-Sanchez, Robert Jenson C. SWEARING IN: Chair Armstrong swore in staff and members of the audience. D. APPROVAL OF THE AGENDA Commissioner Storey MOTIONED to approve the agenda for the October 23, 2018 Planning & Zoning Commission meeting. Seconded by Commissioner McDaniel. The motion passed by a voice vote of five to zero. E. MINUTES: Consider approval of the September 25, 2018 P&Z Regular Meeting Minutes Page 6 of 36  Commissioner McDaniel MOTIONED to approve the minutes for the September 25, 2018 Regular Planning & Zoning Commission Meeting as written. Seconded by Commissioner Storey. The motion passed by a voice vote of five to zero. F. PUBLIC HEARING ITEMS: 1. CASE 18-019 VAR: Request variance to install carport in front yard setback in C-4. Legal Description: Subd: DAVE FRESQUEZ Block: 1 Lot: 10 AND:- Lot: 11 E 3’ , BK: 442 PG: 491 WDJT. Property Address: 1803 W First Street (Owner: Mauro Gibson, Bonita May, and Marla Drake Frey). Chair Armstrong introduced Case 18-019, a variance to install a carport in the front yard setback. Commissioner McDaniel made a MOTION to waive the Reading of the Finding of Facts with respect to Case 18-019. Seconded by Commissioner MacCornack. The motion passed by a voice vote of five to zero. Chair Armstrong: Is there anyone wishing to speak in favor of Case: 18-019? In Favor: Mauro Gibson: I would like to have a carport since my pickup has been hailed on before. Chair Armstrong: Asked if Mr. Mauro has applied for a building permit. Mr. Martinez: Mr. Mauro has not yet applied for a building permit. Chair Armstrong: Is there anyone wishing to speak against Case: 18-019? None Mr. Najar: To clarify a couple of things on page 11 Article 4.8, it states “the house across the street has a 15’ setback from existing carport.” Measured it today, it is 19'7”. It's a 20' setback on the south side and did attempt to meet the setback. I support with the conditions that the carport be 19' from the back of sidewalk and be similar to the one at 1804 W First Street and may not be enclosed. Chair Armstrong: Asked if Mr. Gibson is alright with that? Mr. Gibson: Yes. Mr. Morris: Staff concurs. We understand his need to protect his vehicle. Chair Armstrong: Motion needs to include setback of 19', similar style to the one across the street, never enclosed, and go through the permitting process. MOTION – 18-019 VAR Commissioner Storey made a motion based on the Finding of Facts, the land use and zoning considerations, testimony we received to include a setback from 25' to 19' with Page 7 of 36  like construction and Staff recommendations to approve Case Number 18-019. Second by Commissioner McDaniel. The motion passed by a voice vote of five to zero. 2. CASE 18-020 ZOC: Request change in zoning of northern portion of the lot from R-3 (Residential) to C-4 (Commercial) to match C-4 zoning on southern portion of the lot that fronts Second Street. Subd: WEST SIDE Block: 42 Lot: 1 THRU:- Lot: 7,,,,,, Quarter: SE S: 32 T: 10S R: 24E BK: 298 PG: 128 REC. Property Address: 400 W Third Street (Owner: First Presbyterian Church). Chair Armstrong introduced Case 18-020. Commissioner Storey made a MOTION to waive the Reading of the Finding of Facts with respect to Case 18-020. Seconded by Commissioner MacCornack. The motion passed by a voice vote of five to zero. Chair Armstrong: Is there anyone wishing to speak in favor of Case: 18-020? In Favor: Robert Kurtz representing First Presbyterian Church: Looking at possible upgrades to signs on property. When talking with zoning staff, we discovered the southern half of the property is zoned C-4 while the northern portion of the property is zoned R-3. We are asking to have the whole property be zoned C-4. Commissioner Storey: Asked about the type of sign. Mr. Kurtz: The church is looking at installing an electronic sign to replace the static monument sign. Chair Armstrong: Is there anyone wishing to speak against Case: 18-020? None Mr. Morris: It makes sense to rezone this portion of the parcel and is compatible with the general nature of the surrounding properties. Mr. Najar: Engineering supports this request. MOTION – 18-020 ZOC Commissioner McDaniel made a motion based on the Finding of Facts, the land use and zoning considerations, testimony, material presented during the meeting, and Staff recommendations to approve Case Number 18-020. Second by Commissioner Aguilar. The motion passed by a voice vote of five to zero. Page 8 of 36 3. CASE 18-021 VAR: Request approval of three residential units on lot zoned R-2. Subd: ALAMEDA HEIGHTS Block: 10 Lot: 1 N2 BK: 755 PG: 114 QCDJT. Property Address: 600 S Missouri Avenue (Owner: Lionel Renteria and Rosa Renteria). Chair Armstrong introduced Case 18-021. Commissioner Aguilar made a MOTION to waive the Reading of the Finding of Facts and Land Use and Zoning Considerations with respect to Case 18-021. Seconded by Commissioner McDaniel. The motion passed by a voice vote of five to zero. Commissioner McDaniel: I just realized that I’m on the notification mailing list. Do I need to exempt myself? Mr. Morris: Not unless you have a personal benefit from this case. Chair Armstrong: Is there anyone wishing to speak in favor of Case: 18-021? In Favor: Lionel Renteria: We have done a lot of upgrades to convert the garage into an apartment. We’re working with staff to get our property to an R-3 zone. Ms. Hildreth: Clarified that this is a request for a variance, not a rezoning. Commissioner McDaniel: There’s a primary house and there’s a second dwelling with two apartments in the same dwelling? Lionel Renteria: Yes sir. Chair Armstrong: Is there anyone wishing to speak against Case: 18-021? Cassandra Flores-Sanchez: I’ve lived in my home for seven years. The home in question was condemned for several years before Mr. Renteria purchased the home and turned it into an apartment complex. There has been problems on that property in the past and police have been called as well. Commissioner McDaniel: It could have two units right now, as it is zoned R-2? Mr. Morris: Yes, it could have two units. Robert Jenson: The neighborhood has started to deteriorate and I do not want to see three families over there. Chair Armstrong: Mentioned there was one letter received after the packet was put together in opposition. Mr. Storey: Asked about the building permit process. Mr. Morris: The conversion occurred without a permit. The Building Inspector and Fire Marshall issued a red tag after determining there was no insulation. There were amenities installed without a permit. Mr. Renteria: Showed photos and explained he called the police as part of eviction process. Commissioner McDaniel and Aguilar: Is anyone living in the back units now? Mr. Renteria: No. Commissioner McDaniel: For clarification, you improved the building without pulling permits and now you’re trying to get it fixed, and in the process get a variance to allow two apartments instead of one? Page 9 of 36 Mr. Renteria: Yes. Ms. Sanchez: Spoke about going through the proper channels to get permits. Commissioner McDaniel: Asked Ms. Hildreth if it is zoned R-2 for a long time. Ms. Hildreth: Yes. Chair Armstrong: The Commission hears a lot of cases from property owners in the same circumstances that they started projects without a permit. He explained that proper permitting is still required and a Certificate of Occupancy has to be issued before anyone can live there. Chair Armstrong swore in a member of the audience. Luke Stiggens: How does this rezoning affect the value of the surrounding properties? Chair Armstrong: Clarified that this is not a request for rezoning. Luke Stiggins: Asked if this would affect property values. Chair Armstrong: Stated that cannot be answered. By looking at the pictures provided, it is an improvement. Any time there is an improvement, those obviously would better the values. Chair Armstrong: Opened it up for other comments, for or against. None spoke Mr. Morris: There is a need for decent quality, affordable housing. Now we have a house that needs to be rigorously inspected. That may include pealing back walls. Installation of sidewalk and two paved parking spaces for each unit for a total of six spaces. Chair Armstrong: All of this information has been made available in writing to the applicant? Mr. Morris: Yes. It’s in the staff report as well. Ms. Hildreth: The applicant has been given a copy of the packet. Mr. Najar: I agree with Staff in regards on the development and standards. I disagree and will not support the variance. A previous case had a similar request and was denied. I would like to remain consistent and I do not support this request. Chair Armstrong: If the back unit were one unit instead of two, it would be supported? Mr. Najar: I would support 2 units on the lot with the other conditions. Commissioner Storey: Asked the applicant if he knows about the stipulations. Mr. Renteria: Yes. Commissioner Storey: Were any permits pulled for this project? Mr. Morris: The entire structure is currently red tagged with no permits. Commissioner Aguilar: What is the size of that duplex? Mr. Najar: I would guess each unit is 600 square feet each. MOTION – 18-021 VAR Commissioner Storey made a motion to approve Case number 18-021 based on the Finding of Facts, the land use and zoning considerations, testimony, material presented during the meeting, and Staff recommendations under Number 6 and all those complied with by the applicant. Seconded by Commissioner McDaniel. The motion passed by a voice vote of four to one. Page 10 of 36 5. 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. Chair Armstrong: Introduced the item to address the Proposed Text amendments to the City of Roswell Zoning Ordinance. ARTICLE 3: Procedures, Amendments, and Changes Section 7: Annexation of Territory ARTICLE 4: Definitions ARTICLE 5: Establishment of Zoning Districts ARTICLE 8: R-VL Residential Very Low District ARTICLE 10: R-L Residential Low District ARTICLE 26: MXP Mixed Use Plaza District ARTICLE 28: C-1 Neighborhood Commercial District ARTICLE 30: C-2 Community Commercial District ARTICLE 38: I-1 Light Industrial District ARTICLE 42: P-R Parks and Recreation District ARTICLE 44: INST Institutional District ARTICLE 46: RVP Recreational Vehicle Park ARTICLE 50: Development Standards Mr. Morris talked about the table for setbacks and Section 2.3 regarding the Affordable Housing Plan. ARTICLE 30: C-2 Community Commercial (Strike RV Park Standards) Page 11 of 36  Mr. Morris asked for a motion to approve the text amendments up to Article 50...... Commissioner Storey: Where does it goes from here? Mr. Morris: The text amendments will go through Legal Committee on its way to City Council. Commissioner Storey made a motion to approve the items discussed tonight in the text amendments beginning with Article 3 through Article 50 with the favorable recommendation onto the Legal Committee and the City Council along with the comments and suggestions made this evening. Seconded by Commissioner McDaniel. The motion passed by a voice vote of five to one. G. NON-ACTION ITEM H. OTHER BUSINESS I. PUBLIC COMMENTS – Mr. Martinez: I just wanted to say you all have been really patient through this entire process and working with us diligently and we appreciate your time and effort in all of this. J. ADJOURN Chair Armstrong adjourned the meeting at 6:57 p.m. Page 12 of 36 EXHIBIT A: 18-022 VAR Page 13 of 36  EXHIBIT B: STAFF SUMMARY FOR CASE 18-022 (VAR) 3017 MISSION ARCH DRIVE (PAGE 1 OF 7) Roswell Planning & Zoning Commission Tuesday, November 27, 2018 Bassett Auditorium, Roswell Museum & Arts Center 1011 N Richardson Ave APPLICATION: CASE 18-021 (VAR): REQUEST TO ALLOW 3 RESIDENTIAL UNITS IN R-2 I. Property Location: 3017 Mission Arch Dr Legal Description: Subd: ALAMEDA HEIGHTS Block: 10 Lot: 1 N2 BK: 755 PG: 114 QCDJT Owner: Molly Kaye Redden Request: Requesting 17’ variance in rear yard setback II. Site Data: Site Area: 75’ X 160’ = 12,000 square feet UPC: 4136059444148000000 Existing Land Use: Single Family Dwelling and Workshop Proposed Land Use: Single Family Dwelling and Workshop Converted into Apartment Existing Zoning: R-3 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Residential R-3 South Residential R-3 East Residential R-3 West Residential R-3 Page 14 of 36  EXHIBIT B: STAFF SUMMARY FOR CASE 18-022 (VAR)  3017 MISSION ARCH DRIVE (PAGE 2 OF 7) Chaves County Assessor’s Map Zoning Map for 18-022 (VAR) Page 15 of 36  EXHIBIT B: STAFF SUMMARY FOR CASE 18-022 (VAR) 3017 MISSION ARCH DRIVE (PAGE 3 OF 7) III. Intent of Petition: Applicant is requesting a 17’ variance in the rear yard setback for an existing workshop to be converted into an apartment in the R-3 Zoning District. IV. Land Use and Zoning Considerations: 1. The property under consideration is currently zoned R-3. 2. The property is approximately 92’ wide by 110’ in depth. 3. The majority of homes on Mission Arch Dr are Single-Family Dwellings. 4. Existing workshop was approved with a building permit 6/9/1993. No variances were required for the workshop. 5. No exterior work is being done to structure. 6. There is an existing drive pad for the home and slab that was used for an RV that will now accommodate enough parking space for up to four vehicles. Page 16 of 36 EXHIBIT B: STAFF SUMMARY FOR CASE 18-022 (VAR) 3017 MISSION ARCH DRIVE (PAGE 4 OF 7) Page 17 of 36 EXHIBIT B: STAFF SUMMARY FOR CASE 18-022 (VAR) 3017 MISSION ARCH DRIVE (PAGE 5 OF 7) Page 18 of 36 EXHIBIT B: STAFF SUMMARY FOR CASE 18-022 (VAR) 3017 MISSION ARCH DRIVE (PAGE 6 OF 7) Page 19 of 36  EXHIBIT B: STAFF SUMMARY FOR CASE 18-022 (VAR) 3017 MISSION ARCH DRIVE (PAGE 7 OF 7) 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 two (2) verbal protest 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 lot size and lot configuration, the surrounding land uses, the zoning district, and the regulations established in the Zoning Ordinance, Staff recommends approval of Zoning Case 18-022 VAR with the following conditions: • submission of application for a building permit • must pass building inspection 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. Page 20 of 36  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 18-022 (VAR) LETTER SENT VIA CERTIFIED MAIL ON NOVEMBER 2, 2018 TO SURROUNDING PROPERTY OWNERS City of Roswell Community Development 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 18-022 (VAR) Application to request 17’ variance in rear yard setback in R-3 (Residential) zoning district. 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 18-022 VAR. PROPERTY OWNER: Molly Kaye Redden PROPERTY LOCATION: 3017 Mission Arch Dr LEGAL DESCRIPTION: Subd: LINDA ESTADO 1-A Lot: 9 Quarter: NE S: 21 T: 10S R: 24E BK: 800 PG: 1762 WD REQUEST: Requesting a 17’ variance in the rear yard setback for an apartment in the R-3 Zoning District. The City of Roswell Planning and Zoning Commission will hear public comments at a public hearing on the above zoning case on TUESDAY, November 27, 2018 at 6:00 p.m., in the Bassett Auditorium at the Roswell Museum and Art Center, located at 1011 North Richardson Avenue. 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, November 24, 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 Page 21 of 36  EXHIBIT D: CASE 18-022 (VAR) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION FOR A VARIANCE FOR A WORKSHOP CONVERTED INTO AN APARTMENT AT 3017 MISSION ARCH DRIVE AND PROPERTIES WITHIN NOTIFICATION AREA 17 5 4 3 16 2 15 6 7 1 14 12 11 8 13 10 9 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN 3017 MISSION ARCH DRIVE NOTIFICATION AREA Page 22 of 36 1 MOLLY KAYE REDDEN 10 3017 MISSION ARCH DR DEACON J BELYEU ROSWELL, NM 88201 1107 KACHINA DR ROSWELL, NM 88201 2 CAITLIN VILLALOBOS 11 3019 MISSION ARCH DR JOHN P BETTINGER; TRUDY A BETTINGER ROSWELL, NM 88201 2221 SARATOGA DR EVANSVILLE, IN 47715 3 JENNIFER BRADY 12 3021 MISSION ARCH DR KELLY JEAN DAGUE; JENNIFER RAE SMITH ROSWELL, NM 88201 3015 MISSION ARCH DR ROSWELL, NM 88201 4 SCHARMER REVOCABLE TRUST; WILLIS JAY & 13 JUDITH KATHERINE, TRUSTEES MARK L HUDDLE; ELIZABETH A HUDDLE PO BOX 1066 3013 MISSION ARCH DR ROSWELL, NM 88202 ROSWELL, NM 88201 5 14 GLENNA ROARK FRANCISCO I SANCHEZ; SONIA P SANCHEZ 1102 MONTERREY DR 26 LA PAZ ST ROSWELL, NM 88201 ROSWELL, NM 88201 6 15 CARROLL HARGROVE; JOYCE A HARGROVE JOSHUA PAUL HUDSON; RENEE LYNNE HUDSON 1103 ELM DR 24 LA PAZ ST ROSWELL, NM 88201 ROSWELL, NM 88201 7 16 JERRY WAYNE DOCKAL; LYNETTE DOCKAL BOBBY H & YVONNE L GRAVES 1105 ELM DR 22 LA PAZ ST ROSWELL, NM 88201 ROSWELL, NM 88201 8 17 MICHAEL E MARTINEZ; CYNTHIA J MARTINEZ CHARLOTTE GLENETA LEWIS 1104 ELM DR 10 LA PAZ ST ROSWELL, NM 88201 ROSWELL, NM 88201 9 LYNNE ANN YBARRA 1105 KACHINA DR ROSWELL, NM 88201 Page 23 of 36  AGENDA ITEM 2 NOVEMBER 27, 2018 PLANNING & ZONING COMMISSION STAFF SUMMARY FOR TEXT AMENDMENTS PROPOSED ORDINANCE NO. 18-XX Roswell Planning & Zoning Commission Tuesday, November 27, 2018 at 6:00 p.m. Bassett Auditorium, Roswell Museum and Art Center 1011 N Richardson Avenue ACTION REQUESTED: PROPOSED TEXT AMENDMENTS TO THE CITY OF ROSWELL ZONING ORDINANCE FOR THE FOLLOWING Staff requests Planning and Zoning Commission review, comment, and recommendation of Proposed Text Amendments: ARTICLE 52: Building and Performance Standards ARTICLE 66: Non-Conforming Uses ARTICLE 70: Design Guidelines – Old Municipal Airport (new) BACKGROUND: Staff proposes modification of Zoning Ordinance text to create a new zoning districts, revise section on annexations, create development standards for OMA, and other text amendments. 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, discuss, and make recommendation on text amendments. STAFF RECOMMENDATION: Staff Recommends Planning & Zoning Commission review and consider recommending approval of this Item at the November 27, 2018 Planning & Zoning Commission Meeting. Page 24 of 36 ARTICLE 23 52: BUILDING AND PERFORMANCE STANDARDS Section 1. Purpose thru Section 2. Access to Public Streets (unchanged) Section 3. Buildings Per Lot A. In residentially zoned districts, every single-family detached dwelling, mobile home, 2 family attached dwelling, or multiple family dwellings used for rental purposes, constructed or erected after the effective date of this Ordinance, shall be located on one duly subdivided and recorded lot and there shall not be more than one principal building on one lot; Excepting in the R-3 and R-4 districts. B. When 2 or more lots, each of which lacks adequate area and dimension alone to qualify for a permitted use, are contiguous and are held under single ownership, they may be used as one zoning lot for such use following the completion of a boundary survey to combine the parcels into a single parcel. Section 4. Accessory Uses thru Section 7. Off-Street Parking and Loading Requirements deleted for brevity (Unchanged) Section 8. Fences, Walls, and Other Obstructions Except as set forth elsewhere in this Ordinance and in other Ordinances, rear yard fences and walls shall not exceed 8 feet in height. Front yard fences on individual lots in C-1, C-3, C-4, and R-1 through R-4 zoning districts shall not exceed 4 feet in height with the exception of ornamental or design elements that meet with staff approval. Front yard fences and walls in R- S, R-VL and R-L, and around subdivisions and gated communities are allowed to exceed four (4) feet in height under approval by Staff through the development review process. Front yard fences and gates in C-2, I-1, and I-2 may exceed four (4) feet in height and be no higher than six (6) feet in height unless approved by Staff through the development review process for security purposes and designed to meet clear site triangle safety standards. Fences or walls over 6 feet in height require a Building Permit from the Building Inspection Department. A placement permit shall be required for all new fences and walls. Fence and wall permits shall be reviewed by Staff. Code Enforcement Officials have the authority to condemn and cause to have demolished fences and walls that are unsafe and pose a potential health or safety hazard. All fences and walls must be of uniform construction from standard fence or wall materials, must be visually appealing, and must be properly maintained. Upon Staff discretion, fences and walls constructed of non-uniform building materials may be subject to review by the Planning & Zoning Commission through the Variance process. A. Fences shall not consist of barbed wire, except if the fence is constructed with conventional materials, then no more than 3 strands of barbed wire may be placed at the top of the fence for security purposes. Such exception is only allowed in the commercial/industrial districts, publicly owned properties, and related buildings, utility and service facilities. B. Fences may not be located within the public right-of-way of streets and/or alley-ways. C. Fences located within any sight-triangle of any ingress or egress of a lot or public right-of- way may not exceed 3 feet in height from natural ground. D. High voltage electric fences are prohibited within city limits, and does not include animal restrain electric fences. Page 25 of 36 Section 9. thru Section 14. Dumpsters and Grease Bins deleted for brevity (unchanged) ARTICLE 53: RESERVED ARTICLE 24 54: SPECIAL FLOOD HAZARD AREAS thru ARTICLE 29 64: SEXUALLY ORIENTED BUSINESS (SOB) Deleted for brevity (unchanged) ARTICLE 65: RESERVED ARTICLE 30 66: NON-CONFORMING USES Section 1. Purpose thru 3.F deleted for brevity G. Signs on Vacant Property: Signs that were used to advertise for a business on property which are no longer located onsite, or located on vacant properties, must remove the sign and pole within 60 days of closure. ARTICLE 67: RESERVED ARTICLE 31 68: PENALTIES FOR NON-COMPLIANCE (unchanged) ARTICLE 69: RESERVED Page 26 of 36 ARTICLE 70: DESIGN GUIDELINES – OLD MUNICIPAL AIRPORT Section 1. Purpose: The purpose of this article is to provide design guidelines for the Old Municipal Airport (OMA). This area is bounded by 8th Street on the south, Sycamore Road on the west, Montana Avenue on the east, and 19th Street along the north. Development within the MXP zoning district shall conform to the following land development standards. Section 2. Building Mass: Structures in the MXP area shall be multiple stories with the bottom floor being used for commercial purposes. Upper floors shall be used for residential purposes. The overall height of the structure shall not exceed forty-five (45) feet as shown in Figure 70-1. Figure 70-1 Section 3. Parking: Residential properties located in the Residential – Very Low (R-VL), Residential – L (R-L), and the townhouse and apartments developments inside the MXP zone but which are not fronting the plaza, shall be based on 2 spaces per unit. Details for this parking shall be based on the standards shown in Article 22 (Building and Performance Standards), Section 7 (Off-Street Parking and Loading Standards). Properties in the MXP zone which front onto the plaza shall not be required to provide off-street parking, but off-street parking may be provided, so long as the parking spaces are located to the backside of the property and does not front the plaza. Section 4. Signage: A. General Provisions for All OMA Zoning Districts 1. Flags - State or national flags are permitted in all districts except that each flag pole in excess of thirty feet (30’) shall be erected in compliance with recommendations of a signed, sealed report from a New Mexico registered structural engineer for pole height, pole installation methods, and flag size. Page 27 of 36 2. Hazardous or Nuisance Signs - No sign shall be located in a manner that could constitute a hazard or nuisance; or no sign shall be illuminated to an intensity or brightness to a degree that could constitute a hazard or nuisance. Moving, flashing, intermittently-lighted, changing colors, beacons, revolving or similarly constructed signs are not allowed in any zoning district. It shall be an affirmative defense if such signs are otherwise allowed in this Code. 4. Illuminated Signs - No internally illuminated sign shall be erected in single family or two-family residential zoning districts; or within one hundred and fifty feet (150’) of a single family or two-family residential development unless the lighting is shielded from view of the residential development. 5. Murals - Murals require a permit. A drawing of the mural, size and specifications, shall be attached to the permit application. Murals shall not provide signage or advertisement for a business and shall be compatible with the character of the general area. 6. Restricted Language or Wording - Signs shall not display gestures or words that are obscene, profane, or pornographic in nature or any other manner promote activities that are illegal under state or federal law. 7. Searchlights - Searchlights require a permit and are limited to a seventy-two (72) hour operation period. Consecutive permits are not allowed for continuous use and a permit shall be limited to the initial opening of a business. 8. Sign on Fence, Wall, etc. - No person shall paint a sign or attach a sign, other than a nameplate and address (showing a street number), to the outside of a fence, railing or a wall which is not a structural part of a building. The name of the company that constructed the fence is permitted but not exceeding one square foot in size. 9. Sign on Sidewalk, Street, etc. - No person shall attach any sign, paper, or material, or paint, stencil, or write any name, number (except house or street address numbers) or otherwise mark on any sidewalk, curb, gutter, or street. 10. Sign on Tree, Pole, or similar objects etc. - No person shall attach or maintain any sign upon any tree or utility pole, light pole, traffic control sign pole, or similar structure located within the right-of-way. 11. Signs over Rights-of-Way - Signs over or in public rights-of-way are prohibited, except movement control, traffic control devices, street signs, way-finding, entry- way or portal signs, or directional signs placed by the City or State. Projected banner signs over U.S. Highway 285 (Main Street) right of way are allowed in areas specified in the City Wayfinding Plan if part of a special event and if in compliance with New Mexico Department of Transportation guidelines. 12. Temporary Real Estate Directional Signs - Temporary signs known as weekend real estate directional signs may be posted so long as they are sandwich board style and collected at the end of each weekend. The maximum width is twenty- four inches (24"). The maximum height is forty-eight inches (48”). 13. Off-Premise Signs - Off- premise signage is prohibited unless specifically allowed by this Code. Page 28 of 36 F. Protective Signs The occupant of a premise may erect two protective signs, in accordance with the following provisions: 1. Attached sign shall not exceed one (1) square foot in effective area. 2. Detached signs shall not exceed one (1) square feet in area and two feet (2') in height. 3. Letters shall not exceed four inches (4") in height. G. Political Signs. 1. Political signs shall comply with this Code to the extent allowed by State and Federal law. 2. Political signs will not require a permit. 3. Political signs are not allowed in the right-of-way, on any public property, or located on any utility, light, traffic signal or sign pole 4. No political signs can be within 100 feet of any polling location on election day when voting at a school, church or private residence; and one hundred feet of the door through which voters may enter to vote at the office of the county clerk, an alternate voting location, a mobile voting site or any location used as a polling place on election day that is not a school, church or private residence. H. Signs Not Requiring Permits No permit shall be required for the following signs although the standards of this Code shall be met: 1. Signs advertising the sale or lease of real property on which they are located on subject property. 2. A garage sale sign located on the same premise having the sale. 3. A protective sign that has as its purpose the protection of life and property. 4. A sign or marker giving information about the location of underground electric transmission lines, telegraph or telephone properties and facilities, pipelines, public sewers, or water lines or other public utilities. 5. Political signs as governed by State law. 6. Memorial signs or tablets, names of buildings and date of erection, when cut into any masonry surface or when constructed of bronze or other similar materials. 7. Flags, emblems, and insignia of any governmental body; decorative displays for holidays or public demonstrations which do not contain advertising. I. Construction and Development Signs 1. Residential - Two (2) temporary construction or development signs may be permitted for a residential subdivision. The signs may be off-site or onsite. Developers may have the temporary development signs until houses have been Page 29 of 36  constructed on eighty percent (80%) of the lots in the advertised subdivision. Off- site signs shall not exceed eight feet (8') in height or thirty-two (32) square feet per side. The sign shall be placed on private property with the permission of property owner. The Building Official may order a sign to be removed if it does not meet the requirements of this Code. Failure of the Building Official to order removal is not a defense to a violation of this Code. 2. Non-Residential - Only one (1) temporary on-site development sign advertising builder, contractor, architect, lending institution, and/or name of specific business coming soon is allowed. a. The sign may be erected for a period of ninety (90) days prior to the submittal of development plans for the project. If no development plans are submitted in ninety (90) days prior, the sign shall be removed. The City Council may grant a one-time extension of forty-five (45) days upon request. b. The sign may remain on the property for the duration of construction and shall be removed prior to the issuance of a Certificate of Occupancy. c. A permit is not required for this sign, however the size may not exceed thirty-two (32) square feet and may not stand higher than eight feet (8') from the ground to the top of the sign. d. Two sided signs are permitted. J. Sign Requirements for Non-Residential Zoning 1. Detached Building Signs a. General Provisions 1. Detached building signs shall be located on-premise unless otherwise allowed by this Code. 2. Unless otherwise allowed in this Code, only the following types of signs shown below are permitted in all non-residential zoning districts. Figure 70.2 3. Sign height and copy area is determined by the type of classification Page 30 of 36  of the roadway, shown below in Table 70.3. Table 70.3: Monument Height and Copy Area Standards Roadway: Height: Copy Area: Number of Signs: Arterials 10 Feet 90 Sq. Ft. 1/Lot or 500 Ft. Frontage Collectors 8 Feet 70 Sq. Ft. 1/Lot or 500 Ft. Frontage 4) All signs shall have decorative surface areas that equal a minimum of 20% of the total surface area square footage. This area shall be constructed thru the use of stone, brick, or other masonry materials. Wood may be incorporated as an accent material. 5) The width of the support case on pylon signs shall be no less than 50% of the width of the copy area. 6) Detached signs may be internally or externally illuminated. 7) All detached building signs shall be constructed of materials matching the primary building material in color and finish. 8) Signs may be single or double-faced. 9) The sign shall be located a minimum of five feet (5') from the public right-of-way and shall not create hazards to traffic or pedestrians. The Planning Manager or designee shall approve the exact location of the sign at the time of sign permit. 10) Message boards are allowed as part of a sign but shall not occupy more than twenty-four (24) square feet of the area of the sign face. This area shall be included in the total sign area. Non-profit organizations may utilize fifty percent (50%) of a sign as a message board. 2. Attached Building Signs a. General Provisions 1) Attached signs are permitted in non-residential zoning districts in accordance with the provisions of this Code. 2) Attached signs may be internally or externally illuminated. 3) No business or non-residential occupancy shall erect a sign above the eaves or edge of the roof or on a parapet or edge of a canopy unless no other area is feasible and can be demonstrated at the time of permit. 4) Signs for buildings in a multi-use development approved as part of one preliminary site evaluation or zoning application shall be compatible in design, size, material and lighting. b. Attached wall-mounted signs allowed using the formula of 0.076 times the square footage of the designated front of the building(s). Multiple occupant structure may have multiple signs based on the formula times the square footage of each bay. Commercial centers with multiple buildings may use Page 31 of 36  the formula on each building. Buildings located on a corner lot may have attached signage facing both roads. 3. Signs and Awning Projecting from Building Surface a. Any non-residential occupancy may erect one (1) attached sign projecting up to a maximum of six feet (6') from a vertical building surface, but not above the roof. The sign shall be located a minimum of ten feet (10’) above grade and shall not project into or over any public right-of-way (see Figure 70.4 below), unless approval is obtained from the ROW owner. Figure 70.4 b. Any non-residential occupancy may erect awnings projecting out to a maximum of six feet (6') from a vertical building surface, but not above the roof, and shall be located a minimum of eight feet (8’) above grade and shall not project into or over any public right-of-way (see Figure 70.5 below), unless approval is obtained from the ROW owner. Figure 70.5 c. Projecting signs may be combined with awnings, but neither may project above the building parapet wall. Page 32 of 36  Figure 70.6 d. Square footage for the copy area of the awning face or projecting sign face shall be determined as shown in Section 70.6. Square footage of the awning face and projecting sign faces combined for the copy area shall be determined as shown in Section 70.5. 4. Menu Board Signs A maximum of two (2) menu boards for drive-through cafes/restaurants are permitted per lot. The sign shall not exceed eight feet (8') in height and shall be single-faced with the message area not exceeding thirty-two (32) square feet. The area may be increased to forty (40) square feet if one sign is utilized for the lot. The signs shall not face a public right-of-way that serves the front of the building. 5. Movement Control Signs a. Movement Control Signs (entrance/exit) may be erected for non-residential uses. The signs may be attached or detached, and shall be erected in accordance with the following requirements: b. Each sign not exceed six (6) square feet in effective area and four feet (4') in height. c. If a sign is an attached sign, the letters shall not exceed four inches (4") in height. d. Each sign must convey a message which directs vehicular or pedestrian movement within or onto the premise on which the sign is located. e. The signs must contain no advertising but logos are allowed. 6. Temporary Signage for Non-Residential Uses a. A permit is required for all temporary signs. b. Temporary signs are allowed as follows: 1) Temporary signs are prohibited within the right-of-way or adjacent to the right of way, and shall not be located in the parking area, on parking lot lights or on detached signs of any business. 2) One (1) attached temporary sign shall be allowed per building for single occupant buildings or per business for multiple occupant Page 33 of 36  buildings for a maximum duration of thirty (30) calendar days two (2) times per calendar year provided there is a minimum sixty (60) day separation between the placement of temporary signs. The allowable sign area for a temporary banner sign is one-half (0.5) square feet of sign area for every one (1) linear foot of building or lease space frontage up to a maximum of twenty (20) square feet. Temporary banner signs shall be made of cloth, plastic or other fabric-like flexible material. Temporary banner signs shall be securely anchored to the building. c. Other temporary signs are allowed as follows: 1) Temporary/promotional items such as inflatable or air-blown devices, flags, small balloons, pennants, or banners are allowed on a temporary basis for thirty (30) days for the opening date of a business. The thirty-day (30-day) period may start on the date of issuance of a Certificate of Occupancy for the business, but shall not start later than six (6) months after the issuance of the Certificate of Occupancy. Flags or pennants shall be located only on the main building of the business and not within parking lots, light poles etc. 2) Window displays of open/close signs, name of business, hours of operation, and acceptance of credit cards shall be allowed and is not considered as part of the twenty-five percent (25%) coverage. The letters for such information shall not exceed six inches (6") in height. 3) Free standing advertising/signs or other signs inside the building(s) shall be located a minimum of three feet (3') away from the windows. d. All existing non-residential uses shall conform to the provisions of this sub- section upon the adoption of this Code. 7. Signage for Non-Occupied Buildings All sign faces for a non-occupied building or premise shall be removed upon vacation of the property. The sign structure may remain for future occupancies. It is the responsibility of the property owner to cause such a removal. 8. Real Estate Signs for Non-Residential or Undeveloped Property a. A permit is not required. b. Property owners are allowed to have one (1) sign per street frontage to advertise the sale or lease of a property. The sign shall be located on premise and shall not exceed six feet (6') in height or twenty (20) square feet in total area. c. The sign shall be self-supporting. d. The sign shall be removed after eighty percent (80%) of the property is sold or leased. e. One (1) “For Lease" or “For Sale" sign may be located inside the building on the window front. Page 34 of 36 K. Signage for OMA Residential Zoning Districts: 1. 3 wall signs (Special Uses and Conditional Uses). 2. One (1) Monument sign built to the following criteria. a. Not to exceed thirty-five (35) square feet in total area and five feet (5') in height above the average grade of the nearest public right-of-way. (See Figure 70.7) b. Monument signs shall be built on a monument base. c. Monument signs shall use permanent materials matching the primary building material in color and finish. d. Signs may be single or double-faced. e. The thickness of the sign shall not exceed thirty inches (30"). f. Detached monument signs may be internally or externally illuminated. g. May not be constructed of wood or be a painted. h. An electronic message board sign shall not be allowed as part of the sign. Figure 70.7 L. Government Signs Nothing in this Code shall be construed to prevent the display of a national flag or state flag, or to limit flags, insignia, legal notices, or informational, directional, or traffic signs which are legally required or necessary to the essential functions of government agencies. Section 4. Lighting: A. Project Applicability: Street lights shall be installed in subdivisions, developments, at all intersections, development entrances, and along internal streets. B. Street Light System Design: The proposed street light system shall meet the following conditions: Page 35 of 36  1. Style. Streetlights shall be vintage or art-deco-style use poles (See Figure 70-8 for examples) and fixtures that do not exceed 18 feet in height. Figure 70-8 2. Continuity: Street lights shall be consistent style throughout the entire development. 3. If a street light exists along the street on which the entrance to the development is located, the applicant shall install the same or similar street light at the entrance. 4. At Intersections, the applicant shall propose a lighting design that provides the minimum amount of light necessary for vehicular and pedestrian safety at all intersections within the development. Section 5: Utility Installations: All utilities needed to support the development shall be located underground. Section 6. Architectural Standards: All non-residential architecture shall be encouraged to incorporate vintage, art – deco -style architectural elements, including materials, windows, and colors. ARTICLE 71: RESERVED Page 36 of 36