Planning & Zoning Commission
Regular MeetingRoswell, NM · September 24, 2019
Minutes
P&Z REGULAR MEETING DRAFT MINUTES
Roswell Planning & Zoning Commission
Tuesday, September 24, 2019 - 6:00 PM
Roswell Convention Center
912 North Main 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, CZO
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 19-37.
A. CALL TO ORDER AND WELCOME – Chair Riley Armstrong
A regular meeting of the Planning & Zoning Commission was called to order at
approximately 6:00 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:
Louis Najar, PE, Director of Engineering & Public Works
William Morris, AICP, CZO, Director of Community Development
Merideth Hildreth, AICP, Planning & Zoning Administrator
Miguel Martinez, CZO, Planning & Zoning Technician
Audience Members Present:
C. SWEARING IN: Chair Armstrong swore in staff and members of the audience.
D. APPROVAL OF THE AGENDA
Commissioner Lessard MOTIONED to approve the agenda as presented for the
September 24, 2019 Planning & Zoning Commission Regular meeting. Seconded by
Commissioner McDaniel. The motion passed by a voice vote of seven to zero.
Page 1 of 6
E. MINUTES: Consider approval of the August 27, 2019 P&Z Regular Meeting Minutes
Commissioner Storey MOTIONED to approve the minutes from the August 27, 2019
Regular Planning & Zoning Commission Meeting. Seconded by Commissioner
MacCornack. The motion passed by a voice vote of seven to zero.
F. PUBLIC HEARING ITEMS:
1. TEXT AMENDMENT to ARTICLE 4: DEFINITIONS: To clarify existing definitions and
possibly add new definitions.
Chair Armstrong Introduced Item 1 Text Amendments to Article 4 of the Zoning Ordinance.
Mr. Morris: There are three sets of amendments included in this packet dealing with a new
situation that has arisen over the last few years called Tiny Homes. The state has come up with a
section in the New Mexico Administrative Code that describes tiny homes and the standards
applied to them. The state defines a tiny home as a dwelling that is 400 square feet or less in size.
We want to create two types of houses in the city: tiny and large. The text amendment to the
Zoning Ordinance Definitions Article is intended to differentiate the two types of single-family
homes: tiny homes to be 400 square feet or less and a large home to be defined as over 400
square feet. The State Statutes are included on pages 14 and 15 of your package, and lays out the
requirements for Tiny Homes in the State of New Mexico Administrative Code under the Building
Code.
Chair Armstrong: asked when the state code was put together.
Mr. Morris stated that the City's Building Office received this code about four months ago. It
reworded the Single-Family residence definition to Single-Family detached dwelling to
differentiate tiny homes (400 square feet or less) from large homes (over 400 square feet).
MOTION – TEXT AMENDMENT TO ARTICLE 4:
DEFINITIONS
Commissioner Storey made a motion to recommend approval of the text amendment
to Zoning Ordinance Article 4: Definitions.
Seconded by Commissioner McDaniel.
The motion passed by a voice vote seven to zero.
Page 2 of 6
2. TEXT AMENDMENT to ARTICLE 20: RMS RESIDENTIAL MOBILE HOME SUBDIVISION.
To consider adding tiny homes of 400 square feet or less as a primary residential
structure to the RMS zoning district and any other modifications to the district to
accommodate tiny homes (proposed rename of article to ARTICLE 20: RMS
RESIDENTIAL MOBILE HOME / TINY HOME SUBDIVISION DISTRICT.)
Chair Armstrong Introduced Item 2 Text Amendment to Article 20 of the Zoning Ordinance
starting on Page 11 of the Meeting PACKET.
Mr. Morris: The intent of amending Article 20 is to utilize an existing zoning district and modify it
to allow tiny homes. One of the issues was it seems like we were mixing uses and so a
recommendation is to eliminate uses permitted in the R-1 Zoning District from the RMS District.
The underlining should go from 4 through 6 since these are proposed additions to the RMS
District. Home Occupations and parks could go in the RMS and delete the special uses in the RMS
that are listed in the R-1 District. Could have mobile homes, manufactured homes, modular
homes, tiny homes, container homes and the whole gamut of these types of structures subject
to the criteria below. The lot size is important because the “toys” don't get smaller (vehicles,
carports, sheds, RVs).
Commissioners discussed the minimum unit size.
Mr. Morris: suggested eliminating the Minimum Unit Size “box” in the text.
Mr. Najar: Just because they have a tiny home, doesn't mean they won't have a truck or boat or
RV. The lot size will need to accommodate the vehicles and accessory structures.
Chair Armstrong: What stops someone from placing a camper or travel trailer and removing the
axel on an RV and calling it a tiny home?
Mr. Najar: The Building Code will cover that.
Mr. Storey: The proposed text amendment provides for a 40X8 with or without a permanent
foundation which is the size of a manufactured home.
Mr. Morris and Commissioners: Article 21 will be an attempt to create a tiny home subdivision
district for tiny homes only.
Ms. Hildreth: On page 14, Appendix Q Tiny Houses, the State Administrative Code says in the first
paragraph “tiny houses constructed on a chassis with permanent axel shall be considered
recreational vehicles and shall meet codes for and be licensed as a recreational vehicles as long
as the axel remains in place.”
Mr. Najar: Article 20 is for Mobile Home Park, not a RV Park. RV Parks have a separate zoning
district. Article 20 Section 2(A)4. “A tiny home must be on a foundation.”
Mr. Morris: This statute excludes tiny homes not on permanent foundations and is applicable to
Article 20.
Mr. Najar: If a tiny home is mobile and on wheels and licensed as a RV vehicle, it can be parked
in an RV Park, even if it is a tiny home on wheels.
Mr. Najar: Suggested adding tiny homes to Section 1 “Purpose” text in Article 20.
Mr. Morris: Recommended adding text at the end of Section 1, “by permitting low to medium
density mobile home and tiny home development…”
Page 3 of 6
Discussion on Height: Height is governed by Zoning Ordinance Article 52: Building and
Performance Standards.
MOTION – TEXT AMENDMENT TO ARTICLE 20:
RMS RESIDENTIAL MOBILE HOME/TINY HOME
SUBDIVISION DISTRICT
Commissioner Storey made a motion to recommend approval of the text amendment
to Zoning Ordinance Article 20: RMS Residential Mobile Home / Tiny Home
Subdivision District with the minimum unit size of 40’ X 8’ struck from Section 2 Use
Regulations Sentence 1; Section 3 Minimum Unit Size, and Maximum HEIGHT of
Structures and Signs also in Section 3; add tiny homes to the Section 1 Purpose behind
the mobile home development.
Seconded by Commissioner McDaniel.
The motion passed by a voice vote seven to zero.
1 Purpose Section 1 - add “and Tiny Homes.”
2 Section 2 – Delete 1. Any use permitted in the R-1 District and 40’ X 8’.
3 Section 3 - Delete Minimum Unit Size and Maximum Height boxes in the table.
3. TEXT AMENDMENT: Consider creation of a new zoning district for tiny home
subdivisions (proposed ARTICLE 21: RTH RESIDENTIAL TINY HOME SUBDIVISION DISTRICT.
Chair Armstrong Introduced Item 3 proposed Text Amendment to Article 21 of the Zoning
Ordinance, RTH Residential Tiny Home Subdivision District.
Mr. Morris: This is our first attempt at creating a new solely tiny home subdivision with homes
400 square feet or less. This district will allow tiny homes on permanent foundations, modular
homes on a permanent foundation not to exceed 400 square feet, parks, and home occupations.
Staff is proposing a maximum unit size and minimum lot size of 3,000 square feet, however staff
has no problem increasing the minimum lot size. The text amendment proposes only one unit per
lot with 400 square foot maximum unit size, one 200 square foot maximum accessory structure
(storage shed), screened fence or wall on arterial and collector streets, underground electric,
signage for subdivisions the same as in the sign code.
Page 4 of 6
There was a discussion on minimum lot size, a shorter front yard setback for carports, setbacks
as relates to quality of life in tiny home subdivisions, and verbiage regarding screened fencing
on subdivision properties abutting arterials and collector streets.
Mr. Martinez: (Per the Zoning Ordinance) an open porch can encroach 5' in the setback, but a
carport cannot. If a 10’ encroachment is too much (for a carport), would a 5’ (encroachment) be
any different? Since the code states that an open porch can encroach 5’ into the front yard
setback, this could apply to a carport as well, and it could be another compromise (to allow
carports to encroach 5’ into the front yard setback, too.)
Commissioner Storey: Tiny homes are different and might justify having different setbacks.
Mr. Najar: Tiny Home Subdivisions might be able to go in any part of town and must be designed
for good quality of life, stop people from parking on the sidewalk because it’s adding to the
problem when guests don’t have room to park.
Mr. Najar: One other comment on page 18 line J, let’s make it all underground utilities.
Commissioner Storey: If we move the required front yard for a carport to 15’, will the required
front yard for the home stay at 20’?
Mr. Najar: Yes. Then add a porch in the front (that encroaches 5’ in the setback), and the carport
would match the porch.
Mr. Martinez: Added, it would have to remain open and not be enclosed.
Mr. Morris: The concern is to accommodate a carport in the front and storage in the back in a
subdivision that is not meant to be a full-size subdivision. I think the 15’ and the 15’ is a good
compromise and gives us flexibility. Whoever designs these subdivisions will not be dealing with
existing conditions, but a new situation with new rules.
Mr. Najar: I'll compromise for the 15' setbacks.
Mr. Morris: I'm good with the 15' setbacks.
MOTION – TEXT AMENDMENT TO ARTICLE 21: TO
CREATE ZONING DISTRICT - RTH RESIDENTIAL TINY
HOME SUBDIVISION DISTRICT
Commissioner Storey made a motion to recommend approval of the text amendment
to Zoning Ordinance Article 21: RTH Residential Tiny Home Subdivision District with
the changes to the required front yard setback for a carport to 15'; the required rear
yard setback to 15'; Section 4: General Standards D to a 15’ setback (for carports); I to
modify abutting to clean up the verbiage of frontage on collector and arterial streets;
and J to include all underground utilities.
Seconded by Commissioner McDaniel.
The motion passed by a voice vote seven to zero.
Mr. Morris: These (text amendments) will be forwarded to the Legal Committee and based on
their recommendation forwarded to City Council for two readings.
Page 5 of 6
4. TEXT AMENDMENT: Other text amendments in the Zoning Ordinance regarding the
regulation of tiny homes.
Mr. Morris: Staff requests to table this item. This was included in case changes needed to be
made to other articles (regarding tiny homes).
MOTION – TEXT AMENDMENT
Commissioner Lessard made a motion to table agenda item F4.
Seconded by Commissioner Storey.
The motion passed by a voice vote seven to zero.
NON-ACTION ITEM
G. OTHER BUSINESS
Mr. Morris: We do have a series of rolling amendments that we want to talk about later
to discuss carports and other structures on existing lots in the city. After that, look at
possible text amendments for large Rolling Stock in general. We started to have this
discussion before about storage, carports, RVs, fifth-wheels, and boats. When much of
the housing was built in the 1950s, 60s, and 70s, a lot of families had one car. Now almost
everyone over the age of 16 has a motor vehicle.
H. PUBLIC COMMENTS
Jesse McDaniel: Staff is doing a good job and appreciates the work.
Barbara Sheer: Appreciate the fact that the Planning & Zoning Commission is considering
tiny homes.
I. REPORTS/ANNOUNCEMENTS
J. ADJOURN
Chair Armstrong adjourned the meeting at 7:13 p.m.
Page 6 of 6
Agenda
City of Roswell Planning & Zoning Commission Agenda
Tuesday, September 24, 2019 at 6:00 PM
Meeting Room A, Roswell Convention & Civic Center
912 N Main Street, Roswell, NM
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 August 27, 2019 P&Z Regular Meeting Minutes
F. Public Hearing Items
1. TEXT AMENDMENT to ARTICLE 4: DEFINITIONS: To clarify existing definitions and possibly add new
definitions. (page 9)
2. TEXT AMENDMENT to ARTICLE 20: RMS RESIDENTIAL MOBILE HOME SUBDIVISION. To consider adding
tiny homes of 400 square feet or less as a primary residential structure to the RMS zoning district and
any other modifications to the district to accommodate tiny homes (proposed rename of article to
ARTICLE 20: RMS RESIDENTIAL MOBILE HOME / TINY HOME SUBDIVISION DISTRICT.) (page 11)
3. TEXT AMENDMENT: Consider creation of a new zoning district for tiny home subdivisions (proposed
ARTICLE 21: RTH RESIDENTIAL TINY HOME SUBDIVISION DISTRICT. (page 16)
4. TEXT AMENDMENT: Other text amendments in the Zoning Ordinance regarding the regulation of tiny
homes. (page 19)
G. Other Business
H. Public Comments
I. Reports/Announcements
J. 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 19-37.
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, 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: September 20, 2019
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P&Z REGULAR MEETING DRAFT MINUTES
Roswell Planning & Zoning Commission
Tuesday, August 27, 2019 - 6:00 PM
Roswell Convention Center
912 North Main 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 19-37.
A. CALL TO ORDER AND WELCOME – Chair Riley Armstrong
A regular meeting of the Planning & Zoning Commission was called to order at
approximately 6:00 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:
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:
Gary Key, Todd Wagener, Yesenia Palacios, Mike Aziz, Kenneth Bevers, Linda Bevers, Jason Estrada, Larry
Connolly, Lisa Dunlap
C. SWEARING IN: Chair Armstrong swore in staff and members of the audience.
Correction on ownership for case 19-018 on the agenda. Record shows the property owner to be
Yesenia Palacios and Emilio Estrada.
D. APPROVAL OF THE AGENDA
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Commissioner Storey MOTIONED to approve the agenda for the August 27, 2019
Planning & Zoning Commission Regular meeting as presented. Seconded by
Commissioner McDaniel. The motion passed by a voice vote of seven to zero.
Did not meet for lack of a quorum in July 23, 2019.
E. MINUTES: Consider approval of the June 25, 2019 P&Z Regular Meeting Minutes
Commissioner Lessard MOTIONED to approve the minutes for the June 25, 2019 as
corrected earlier in the meeting. Regular Planning & Zoning Commission Regular
Meeting minutes. Seconded by Commissioner McDaniel. The motion passed by a voice
vote of seven to zero.
F. PUBLIC HEARING ITEMS:
1. CASE 19-015 VAR:
Chair Armstrong introduced Case 19-015, a request for a change in zoning.
Commissioner Storey made a MOTION to waive the Reading of the Finding of Facts
and Land Use and Zoning Considerations with respect to Case 19-015. Seconded by
Commissioner McCornack. The motion passed by a voice vote of seven to zero.
Chair Armstrong: Is there anyone wishing to speak in favor of Case: 19-015?
In Favor: Gary Key This piece of property off Keys Building and Pump Service, has dead
trees and trash. Want to put nice solid fence around it and use it for storage. We request
zoning change be made. Part of the property is already zoned C-2, asking for the other
half to be rezoned C-2.
Against: None
Ms. Hildreth: Staff supports the request.
Mr. Najar: He supports the staff recommendation.
MOTION – 19-015 ZOC
Commissioner Storey made a motion to approve the request for zone change for Case
Number 19-015 a zone change taking into account the Land Use and Zoning
considerations, Findings of Facts and the testimonies heard tonight. Seconded by
Commissioner McDaniel. The motion passed by a voice vote of seven to zero.
2. CASE 19-016 ZOC:
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Chair Armstrong recused himself from this case
Vice Chair Storey introduced Case 19-016, a request for a change in zoning.
Vice Chair Swore in Riley Armstrong to testify on behalf of the applicant.
Commissioner Taylor made a MOTION to waive the Reading of the Finding of Facts and
Land Use and Zoning Considerations with respect to Case 19-016. Seconded by
Commissioner McDaniel. The motion passed by a voice vote of six to zero. (Recused:
Chair Armstrong)
Vice Chair Storey: Is there anyone wishing to speak in favor of Case: 19-016?
In Favor: Riley Armstrong represented the applicant. 360' of frontage, 140' for storage
units. Currently zoned I-1. Consideration would be to change the eastern portion to
rezone to R-3. Western portion to remain I-1. Applicant will need to rework a summary
plat.
Vice Chair Storey: Will the storage units be self-contained and fenced off separately?
Mr. Armstrong: Said he believed they would be self-contained.
Against: None
Mr. Martinez: Staff supports
Mr. Najar: The developer has talked with Mr. Najar. The water and sewer utilities are
available. 60' easement was required. Dodson abandoned road in front of the building
and made it an easement.
Discussion on the 60' easement on Property Number 4 on Exhibit D owned by Dodson
Lumber. Vacated a street to improve property. Easement running east west was
established to provide possible future access.
MOTION – 19-016 ZOC
Commissioner McDaniel made a motion to approve the request for zone change for
Case Number 19-016 based on the Finding of Facts, Land Use and Zoning
considerations, testimony heard, material presented and staff recommendation, after
the western portion of the lot remain I-1 and the eastern portion of the lot be rezoned
to R-3, that the property owner is required to split the lot via a summary plat process.
Seconded by Commissioner Lessard. The motion passed by a voice vote of six to zero.
(Recused: Chair Armstrong)
3. CASE 19-017 VAR:
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Chair Armstrong introduced Case 19-017, a request for a variance.
Commissioner Lessard made a MOTION to waive the Reading of the Finding of Facts
and Land Use and Zoning Considerations with respect to Case 19-017. Seconded by
Commissioner Storey. The motion passed by a voice vote of seven to zero.
Chair Armstrong: Is there anyone wishing to speak in favor of Case: 19-017?
In Favor: Mike Aziz: The sign is hiding and not visible. Need to move it. City staff visited
the site and moved it.
Against: None
Mr. Martinez: Staff discussed it, did a site visit, and tried to show in visuals the sign to be
removed. The new location looks like a sign had been there previously. Discussion with
City Engineer, post of sign needs to be a minimum of 5' from the water line and needs to
be located with 811.
Mr. Najar: 5’ includes any of the excavation and foundation away from the water line. 5'
of the pole, structure, foundation. 24” concrete cylinder water line. The water meter is
visible in the photo.
Commissioner Storey: We have a representative from the gas company. Where is the
location of the gas line?
Commissioner MacCornack: 2” line under the sidewalk.
Commissioner Taylor: Recommends staff be aware of location before digging takes
place.
Mr. Najar: 811 is required. Staff can make sure the location prior to issuance of permit.
MOTION – 19-017 VAR
Commissioner Aguilar made a motion based on the Findings of Facts, Land Use and
Zoning Considerations, testimony and materials presented during the meeting, staff
recommendations, providing the sign on the south side of the property to be removed,
the sign must be at least 5’ from the water line including the foundation and to be
located using 811 to approve the request for variance for Case Number 19-017.
Seconded by Commissioner McDaniel. The motion passed by a voice vote of seven to
zero.
4. CASE 19-018 ZOC:
Chair Armstrong introduced Case 19-018, a request for a change in zoning from MHC to
RMS.
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Commissioner Storey made a MOTION to waive the Reading of the Finding of Facts
and Land Use and Zoning Considerations with respect to Case 19-018. Seconded 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: 19-018?
In Favor: Todd Wagener: No way they can make a full subdivision, but can place 6 lots up
front and large lot in the back. It's about the only way that tract can be developed. They
will drill a well to irrigate a few trees. It's the only way to make it a viable subdivision.
The only difference between Mobile Home Subdivision and Mobile Home Park is the
ability to sell the land.
Commissioner Storey: Will it be replatted? Will there be access to the back lot?
Wagener: Yes, into 7 lots with a 60' access road to the back lot.
Against: Larry Connolley: Chair of ETZ, had 40 people at ETZ meeting. Problem with Man
Camps and RV parks are coming to Chaves County. City nuisance law – when
This particular property, I'm not sure who they will sell the lots to, but I'd like to ask a
couple of questions. Will the back lot be hooked up to city sewer?
Wagener: Yes, the sanitary sewer cuts the corner on the back part of the property and
goes down the east side of the property.
Conolley: What size of a mobile home are they planning on setting?
Wagener: The applicant is looking at double wide (DW) 24X54. Can put 48' wide on a lot
and however deep. They are intending to purchase substantial DW for rent or sale.
Kenneth Bevers: I can't see anyone who lives in a home who would want a mobile home
park. Two or three blocks from Nancy Lopez Elementary School and Berrendo Middle
School. The sewer line referred to runs along my fence line. The property is between my
house and the apartments on the corner of Alameda and Atkinson. The lot has never
been used. I have 5 acres and got a notice from city that the two RVs living on my own
land. The only mobile home is a DW down the street.
Mr. Najar: The lots being proposed will have to be set on permanent foundations and
plumbed.
Ms. Hildreth: A separation fence would be required for MHC but not RMS. Also, DW are
allowed in any residential district unless otherwise stated in the restrictive covenants.
Single wides are only allowed in RMS and MHC.
Linda Bevers: Against rezoning the lot.
Staff comments: Mr. Najar: I understand Bevers and Spicewood were over 20% – require
2/3 vote in favor to approve.
Martinez: When a protest against the proposed case exceeds 20% of the total
notification area, a 2/3 vote is required.
Commissioner Storey: Which property is the sewer line?
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Wagener: The sewer is on the property to the east at the property line and there is an
easement. We anticipate one access point. It is a city line and the City said it would make
the connection and put the fence back.
Commissioner Storey: Mr. Hance's letter is asking about setbacks. Have those setbacks
been met?
Wagener: The setbacks will be 20 or 25 foot. We will probably give a little of property for
Alameda ROW. There's not much difference between R-1 lot and the RMS. It's better to
be mobile home (MH) Subdivision than a MH Park – would have at least 10 lots along
Alameda as a MH Park. It's unlikely that area would be a success with a full subdivision
all the way to the back. This is a way to develop the property and clean up the area and
make it look better with driveways and sidewalks. The intention is to bring some used
DW and improve them and develop the lots.
Mr. Najar: To finish answering Commissioner Storey's question, only 2 properties along
Spicewood Apartment side so they would have plenty of side yard setback. With the oil
field now, the apartments down south, you can see 3 or 4 oil patch vehicles on single
family lots. We have no ordinance restricting the number of non-family members.
Chair Armstrong: Do we require a 2/3 vote?
Mr. Martinez: Yes it will require 5 of you.
MOTION – 19-018 ZOC
Commissioner Storey made a motion to approve Case 19-018 the request for zone
change MHC to RMS along with the Findings of Facts, Land Use and Zoning
considerations, staff recommendations and the testimony we have received tonight.
Seconded by Commissioner MacCornack. The motion passed by a roll call vote of
seven to zero.
MacCornack - Yes
Lessard -Yes
McDaniel - Yes
Storey - Yes
Taylor - Yes
Aguilar - Yes
Armstrong - Yes
Chair Armstrong: You may file an appeal in writing with city Clerk no later than noon this
coming Thursday in writing. If the decision made tonight is appealed, it would go before
City council.
G. OTHER BUSINESS – Tiny Homes: Ms. Hildreth: Staff would like to accommodate and
regulate tiny homes with a text amendment. Tiny homes include modular homes and
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shipping container homes that have been approved by the International Building Code
(IBC) and Construction Industry Division (CID).
Chair Armstrong: These smaller homes are becoming more popular. The coming
generation appear to be less interested in larger homes due to costs.
Commissioner McDaniel: We need to designate a size requirement. I’m just throwing out
300 to 600 sf as definition of tiny home and also create a specific subdivision for them to
include size and location. Staff could put something together. It’s a reasonable alternative
to man camps and RVs.
Commissioner Taylor: Does this differ from fifth wheels and RVs?
Ms. Hildreth: No, those are not certified by IBC. Manufactured homes such as single or
double wide are certified by HUD.
Wagener: Need to be in core service area. Think about the lot size. You don't want them
on a 6000 sf lot. Do you stay with fire codes, smaller lots, off-site parking, and community
off-site parking? What design standards are important? Do you pack them in one spot?
MH Parks and MHCs are too far away from amenities.
Ms. Hildreth: Do you prefer to have a tiny home subdivision and/or include them in
RMS?
Commissioner McDaniel: Both.
Chair Armstrong: Agrees.
Commissioner McDaniel: It might be cool to see them in the OMA subdivision or
somewhere close.
Commissioner Taylor: We should set a standard for siding. Are the axels removed or on
permanent foundation?
Mr. Najar: These need to be regulated in MHS and in their own Subdivision. We also need
to consider parking, setbacks, etc… Size might present an issue with setbacks and
yardage.
Ms. Hildreth: Our zoning ordinance does not have a required minimum heated area size.
We may want to explore this idea.
Mr. Martinez: I spoke to City's Building Official. We've been approached already, and the
Building Official would like to see something in writing so they have some guidelines to
enforce.
Commissioner McDaniel: It’s a good idea to have some text to start with and have some
site requirements. It can always be amended later.
Mr. Najar: I believe Mr. Morris has a draft and will bring it forward.
H. PUBLIC COMMENTS
I. REPORTS/ANNOUNCEMENTS - Mr. Martinez: Send prayers to Mr. Morris for a speedy
recovery. Kevin home and recovering.
J. ADJOURN
Chair Armstrong adjourned the meeting at 7:27 p.m.
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AGENDA ITEM F.1.
TEXT AMENDMENTS TO ARTICLE 4: DEFINITIONS
STAFF SUMMARY FOR TEXT AMENDMENTS
PROPOSED ORDINANCE NO. 19-XX
City of Roswell Planning & Zoning Commission Agenda
Tuesday, September 24, 2019 at 6:00 PM
Meeting Room A, Roswell Convention & Civic Center
912 N Main Street, Roswell, NM
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 4: DEFINITIONS
BACKGROUND: Initiated by: Bill Morris, Community Development Director
Staff proposes modification of the Zoning Ordinance to revise the
definition for Single-family residence and add a definition for Tiny
home.
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
September 24, 2019 Planning & Zoning Commission
Meeting.
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ARTICLE 4: DEFINITIONS
Section 2. Definitions
Single-family residence detached dwelling. A single-family detached residential
dwelling that is more than 400 square feet (37 m2) in floor area.
Tiny home. A primary residential dwelling that is 400 square feet (37 m2) or less in floor
area.
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AGENDA ITEM F.2.
TEXT AMENDMENTS TO ARTICLE 20: RMS RESIDENTIAL MOBILE HOME / TINY HOME
SUBDIVISION DISTRICT
STAFF SUMMARY FOR TEXT AMENDMENTS
PROPOSED ORDINANCE NO. 19-XX
City of Roswell Planning & Zoning Commission Agenda
Tuesday, September 24, 2019 at 6:00 PM
Meeting Room A, Roswell Convention & Civic Center
912 N Main Street, Roswell, NM
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 20: RMS RESIDENTIAL MOBILE HOME / TINY HOME
SUBDIVISION DISTRICT
BACKGROUND: Initiated by: Bill Morris, Community Development Director
Staff proposes modification of the Zoning Ordinance to revise
ARTICLE 20 to include tiny homes and modular homes in the RMS
District.
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
September 24, 2019 Planning & Zoning Commission
Meeting.
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ARTICLE 20: RMS RESIDENTIAL MOBILE HOME / TINY HOME
SUBDIVISION DISTRICT
Section 1. Purpose
This district shall be a minimum of 2.5 acres in size and is intended to provide an
alternative to conventional housing by permitting low to medium density mobile home
development on privately owned or rented lots in subdivisions designed for such
development.
Section 2. Use Regulations
A. Permitted Uses are as follows:
1. Any use permitted in the R-1 District.
1. An Independent Manufactured/Mobile home with a minimum size requirement
per lot: (40’ x 8’ with or without permanent foundation on individual lots).
2. A Manufactured Home per lot (as defined by the New Mexico Manufactured
Housing Act).
3. A Modular Home certified by the New Mexico Construction Industries and
Manufactured Home Division that is built to current adopted International Building
Code (IBC) and International Fire Code (IFC) standards.
4. Tiny Homes on a permanent foundation constructed according to 14.73.28
Appendix Q (Tiny Houses) NMAC.
5. Home Occupations.
6. Parks.
B. Special Uses are as follows:
1. Any special use permitted in the R-1 District. None
Section 3. Area, Setback, and Height Requirements
In the RMS district, the following requirements shall apply:
Minimum Minimum Required Required Required Required Required Maximum
Unit Size Lot Size Front Front Rear Side Street Side HEIGHT of
Yard Yard Yard Yard Yard Structures
and Signs
Collector Interior Local/Collector
Local or or Arterial
Street Arterial ½ Street
Street stories
40’ x 8’ 4,500 S.F. 20’ 25’ 20’ 5’ /10 20’ / 25’ 35
Section 4. General Standards
A. Manufactured/Independent Mobile Homes shall be installed according to the
requirements contained in the most current New Mexico Manufactured Housing
Act.
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B. Tiny Homes shall be constructed according to 14.73.28 Appendix Q (Tiny Houses)
NMAC (New Mexico Administrative Code).
C. Signage shall be consistent with Article 60, Section 6.1 “1 subdivision identification
sign per entrance.”
D. All provisions of Article 52 (Building and Performance Standards) are applicable
and shall be met.
Article 21: Reserved
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AGENDA ITEM F.3.
TEXT AMENDMENTS TO ARTICLE 21: RTH RESIDENTIAL TINY HOME SUBDIVISION DISTRICT
STAFF SUMMARY FOR TEXT AMENDMENTS
PROPOSED ORDINANCE NO. 19-XX
City of Roswell Planning & Zoning Commission Agenda
Tuesday, September 24, 2019 at 6:00 PM
Meeting Room A, Roswell Convention & Civic Center
912 N Main Street, Roswell, NM
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 21: RTH RESIDENTIAL TINY HOME SUBDIVISION DISTRICT
BACKGROUND: Initiated by: Bill Morris, Community Development Director
Staff proposes modification of the Zoning Ordinance to create
ARTICLE 21, a zoning district for tiny home subdivisions.
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
September 24, 2019 Planning & Zoning Commission
Meeting.
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ARTICLE 21: RTH RESIDENTIAL TINY HOME SUBDIVISION DISTRICT
Section 1. Purpose
This district shall be a minimum of 2.5 acres in size and is intended to provide an
alternative to conventional housing by permitting medium density tiny homes
development on privately owned or rented lots in subdivisions designed for such
development.
Section 2. Use Regulations
A. Permitted Uses are as follows:
1. Tiny Homes on a permanent foundation.
2. Modular Homes on a permanent foundation not to exceed 400 square feet.
3. Home Occupations.
4. Parks.
B. Special Uses are as follows:
1. None
Section 3. Area, Setback, and Height Requirements
In the RTH district, the following requirements shall apply:
Maximum Minimum Required Required Required Required Required
Unit Size Lot Size Front Front Rear Side Street Side
Yard Yard for Yard Yard Yard
for Home Carport
Interior Local/Collector
Local Local or Arterial
Street Street Street
40’ x 10’ 3,000 S.F. 20’ 10’ 20’ 5’ 20’ / 25’
or 400
SF
Section 4. General Standards
A. Tiny Homes shall be constructed according to 14.73.28 Appendix Q (Tiny Houses)
NMAC.
B. Modular Homes shall be constructed according to the adopted International
Building Code (IBC) and International Fire Code (IFC) and be approved by the
New Mexico Construction Industries and Manufactured Housing Division.
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C. One tiny home, modular home, or site built home is allowed per lot on a permanent
foundation that does not exceed 400 square feet in area.
D. One unattached 400 SF maximum unenclosed carport allowed with 10’ setback
from front property line with zero foot minimum distance from house.
E. One unattached 200 SF maximum accessory structure allowed in rear yard or rear
yard setback with 10’ minimum separation from the house, 5’ setback from interior
side property line, and 0’ minimum separation from rear property line abutting alley.
F. Each lot is required to provide a minimum of 2 off-street paved parking spaces in
the front yard setback area.
G. Lots shall front on interior local streets built to city code specifications with 60’
Right-of-Way, curb, gutter, sidewalks, and ADA ramps.
H. Public Alleys required with 20’ Right-of-Way.
I. All frontage along collector or arterial streets shall be screened by a minimum 6’
tall solid fence or wall.
J. Underground electric required.
K. Signage shall be consistent with Article 60 Section 6.1 “1 subdivision identification
sign per entrance.”
L. All provisions of Article 52 (Building and Performance Standards) are applicable
and shall be met unless otherwise specified in this article.
Article 22: Reserved
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AGENDA ITEM F.4.
TEXT AMENDMENTS TO OTHER ARTICLES REGULATING TINY HOMES
STAFF SUMMARY FOR TEXT AMENDMENTS
PROPOSED ORDINANCE NO. 19-XX
City of Roswell Planning & Zoning Commission Agenda
Tuesday, September 24, 2019 at 6:00 PM
Meeting Room A, Roswell Convention & Civic Center
912 N Main Street, Roswell, NM
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:
TEXT AMENDMENTS TO OTHER ARTICLES REGULATING TINY HOMES
BACKGROUND: Initiated by: Bill Morris, Community Development Director
Staff proposes modification of the Zoning Ordinance to revise other
articles pertaining to tiny homes and modular homes.
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
September 24, 2019 Planning & Zoning Commission
Meeting.
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