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Planning & Zoning Commission

Regular Meeting

Roswell, NM · September 24, 2019

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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 1 of 19 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 2 of 19 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: 3 of 19 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: 4 of 19 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. 5 of 19 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? 6 of 19 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 7 of 19 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. 8 of 19 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. 9 of 19 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. 10 of 19 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. 11 of 19 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. 12 of 19 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 13 of 19 14 of 19 15 of 19 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. 16 of 19 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. 17 of 19 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 18 of 19 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. 19 of 19

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