Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, November 19, 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 October 22, 2019 P&Z Regular Meeting Minutes F. Public Hearing Items 1. TEXT AMENDMENT to ZONING ORDINANCE ARTICLE 62: HOME OCCUPATIONS To consider text amendments to modify the section regulating home occupations 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: November 14, 2019 Page 1 of 13  P&Z REGULAR MEETING DRAFT MINUTES Roswell Planning & Zoning Commission Tuesday, October 22, 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 The 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 ABSENT 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 Audience Members Present: Toby Gross, Dana Moore-Smith, David Smith, Matt Castillo, Kathleen Garcia, Jason Garcia, Marcus Green, Joel Wood, Larry Connolly 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 as presented for the October 22, 2019 Planning & Zoning Commission Regular meeting. Seconded by Commissioner MacCornack. The motion passed by a voice vote of six to zero. Page 2 of 13 E. MINUTES: Consider approval of the September 24, 2019 P&Z Regular Meeting Minutes Commissioner Lessard MOTIONED to approve the September 24, 2019 Planning & Zoning Commission Regular Meeting minutes as written. Seconded by Commissioner McDaniel. The motion passed by a voice vote of six to zero. F. PUBLIC HEARING ITEMS: 1. CASE 19-019 SUP: A request for a Special Use Permit for a 6,000 square foot Professional Office Building and parking lot in R-3. Legal Description: Subd: COUNTRY CLUB – WASHINGTON SUMMARY PLAT Lot: 1 S: 20 T: 10S R: 24E BK 808 PG 1801 WD (1/2 INTEREST) BK 726 PG 1036 WD (1/2 INTEREST). ADDRESS: 609 W Country Club Road (OWNER: SBC&W LLC / AGENT: Toby Gross). Chair Armstrong introduced Case 19-019, a request for a Special Use Permit for a 6,000 square foot professional office building and parking lot in R-3. Commissioner McDaniel made a MOTION to waive the Reading of the Finding of Facts and Land Use and Zoning Considerations with respect to Case 19-019. Seconded by Commissioner Storey. The motion passed by a voice vote of six to zero. Chair Armstrong: Is there anyone wishing to speak in favor of Case: 19-019? In Favor: Toby Gross – Requested a Special Use Permit in the R-3 zoning and stated they have addressed the city Right-of-Way, drainage, and parking with the City Engineer, and would like to move forward with the beautiful new building on the corner of Country Club and Washington. Chair Armstrong: Is there anyone wishing to speak against Case: 19-019? Against: None Staff Comments: Mr. Morris: City Staff is in support of this project, it is compatible and to scale with respect to other offices in the area, and is a good conversion use of that corner. Mr. Najar: Agent Toby Gross has done due diligence in respect to access, drainage, parking, ingress, egress. The City Engineer is in support of this request. Page 3 of 13  MOTION – 19-019 SUP Commissioner Storey made a motion to approve Case Number 19-019 a request for a special use permit for a 6,000 square foot professional office building and parking lot in an R-3 designation along with the land use and zoning considerations, finding of facts, and staff recommendations along with testimony received this evening. Seconded by Commissioner McDaniel. The motion passed by a voice vote six to zero. Mr. Gross thanked the Commissioners. 2. CASE 19-020 VAR: A request for a variance to allow tent camping within the fenced area of the Shelter’s property boundary in C-2. Legal Description: Subd: PHYSICIANS DEVELOPMENT SUMMARY REPLAT Block: 0 Lot: 25A S: 4 T: 11S R: 24E BK 700 PG 198 QCD (CORR). Address: 114 E Albuquerque Street (OWNER: The Roswell Homeless Coalition / AGENT: City of Roswell). Chair Armstrong introduced Case 19-020, a request for a Variance to allow tent camping within the fenced area of the Men’s Transitional Housing Shelter property boundary in the C-2 Zoning District. Commissioner Storey made a MOTION to waive the Reading of the Finding of Facts and Land Use and Zoning Considerations with respect to Case 19-020. Seconded by Commissioner MacCornack. The motion passed by a voice vote of six to zero. Chair Armstrong: Is there anyone wishing to speak in favor of Case: 19-020? In Favor: Joel Wood – President of the Roswell Homeless Coalition. The City previously required a 7’ tall privacy fence at the men’s shelter. This fence has since been constructed. There is no intent to move outside that property boundary. The people who stay inside are required to abide by the rules, policies and procedures and are required to go through a background check. It will be a well-maintained and orderly environment. Commissioner McDaniel: Asked if the tent area will be used for overflow. Mr. Wood: For overflow especially in Winter months and for individuals who have a hard time being in close proximity to others in the group context. Larry Connolly: Spoke in favor of this and congratulated the Homeless Coalition for making great progress over the last two to three year. Chair Armstrong: Is there anyone wishing to speak against Case: 19-020? Against: None Page 4 of 13 Staff Comments: Mr. Morris: As you noticed on the application, the Agent is the City of Roswell in order to work with the Roswell Homeless Coalition on a daunting issue, and it is getting colder. Camping is technically not allowed in the city. This will allow a limited space to be used (for camping) in conjunction with the homeless shelters in a controlled environment and allow for expansion of services to people who are homeless. Based on these conditions, Staff is supportive of this variance request. Mr. Najar: Stated he supports the application as City Engineer. Commissioner Storey: Is this forever? Mr. Morris: Variances are site specific, so the Special Use Permit will last as long as the Roswell Homeless Coalition is at this location. There may be a time when they don’t need the tents if there is an expansion of the facility. At this point it will be used for camping until the site or building is modified. MOTION – 19-020 VAR Commissioner McDaniel made a motion based on the finding of facts, land use and zoning considerations, testimony, material presented during the meeting, and staff recommendations to approve Case 19-020. Seconded by Commissioner Storey. The motion passed by a voice vote six to zero. 3. CASE 19-021 VAR: A request for a variance to allow tent camping within the fenced area of the Shelter’s property boundary in C-1. Legal Description: Subd: SOUTH ROSWELL Block: 34 Lot: 1 BK 604 PG 1546 WD. Address: 400 E Bland Street (OWNER: The Roswell Homeless Coalition / AGENT: City of Roswell). Chair Armstrong introduced Case 19-021, a request for a Variance to allow tent camping within the fenced area of the Women’s Transitional Housing Shelter property boundary in the C-1 Zoning District. Commissioner McDaniel made a MOTION to waive the Reading of the Finding of Facts and Land Use and Zoning Considerations with respect to Case 19-021. Seconded by Commissioner Storey. The motion passed by a voice vote of six to zero. Chair Armstrong: Is there anyone wishing to speak in favor of Case: 19-021? In Favor: Joel Wood – At this particular juncture, (the Homeless Coalition) would appreciate the variance to provide the capacity if ever needed. Currently (the Homeless Coalition) does not intend to have tent camping at the Women’s Shelter at this time because the shelter has several beds and family rooms for mothers with young children in the Women’s Page 5 of 13  Shelter. There is a 6’ tall chain link fence at this time and would have to replace that with a solid fence. Chair Armstrong: Is there anyone wishing to speak against Case: 19-021? Against: None Staff Comments: Mr. Morris: As stated they might not use this for tent camping right away, but we don’t want to wait until a situation arises. This allows them the flexibility with the same conditions. Staff is supportive of this variance in order to alleviate camping occurring in other areas. Mr. Najar: Clarified that on page 28 of the packet, paragraph VI, the requirement is a 6’ tall solid screen fence that is properly permitted through the Planning & Zoning Office, not “property.” As City Engineer he concurred with a 6’ tall solid fence properly permitted and constructed and supports this project with those conditions. MOTION – 19-021 VAR Commissioner Storey made a motion to approve Case 19-021 along with the finding of facts, staff recommendations, materials in the packet, the testimony received tonight, along with the stipulation of the 6’ tall screen fence built with proper city permits Seconded by Commissioner Lessard. The motion passed by a voice vote six to zero. 4. TEXT AMENDMENT to ZONING ORDINANCE ARTICLE 52: SECTION 4. ACCESSORY USES. Chair Armstrong Introduced Item 4 Text Amendment to Article 52: Section 4 of the Zoning Ordinance regulating Accessory Uses. Mr. Morris: This is a text amendment dealing with accessory structures often presented before you in the form of a variance. This is dealing with accessory structures. Ms. Hildreth: For this section of the Zoning Ordinance, Staff clarified the differences between residential and commercial accessory structures, discussed language to provide setback flexibility on corner lots and still maintain clear-site-triangles, discussed deleting the 10’ distance between structures and unattached carports and pergolas, show underground and overheard utilities on site plans, and other minor items. Chair Armstrong: Wanted to make sure these suggestions are based on two or three years of seeing what the issues are with setbacks and so forth. Page 6 of 13 Ms. Hildreth: That is correct, to address the issues that Staff sees on a weekly basis to make permitting easier for Staff and customers and to accommodate the rear yard. Chair Armstrong: Appreciated the flexibility and time putting this together. Mr. Najar: I see what Ms. Hildreth is trying to do. Staff perspective is trying to ease the variances now, but hopes the extra flexibility doesn’t encourage people to ask for more flexibility. Quality of life is important and as is maintaining a standard for safer and better looking neighborhoods. Chair Armstrong: The Commission’s recommendation will go to City Council for final action. MOTION – TEXT AMENDMENT Commissioner Storey made a motion to make the recommendation to approve these text amendments as presented (to City of Roswell Zoning Ordinance Article 52 Section 4 Accessory Uses.) Seconded by Commissioner McDaniel. The motion passed by a voice vote of six to zero. NON-ACTION ITEM G. OTHER BUSINESS H. PUBLIC COMMENTS I. REPORTS/ANNOUNCEMENTS Ms. Hildreth: In November, the Planning & Zoning Commission meeting will be the week before Thanksgiving. J. ADJOURN Chair Armstrong adjourned the meeting at 6:37 p.m. Page 7 of 13  AGENDA ITEM F.1. TEXT AMENDMENTS TO ARTICLE 62: HOME OCCUPATIONS STAFF SUMMARY FOR TEXT AMENDMENTS PROPOSED ORDINANCE NO. 19-XX City of Roswell Planning & Zoning Commission Agenda Tuesday, November 19, 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 62: HOME OCCUPATIONS Initiated by: Bill Morris, Community Development Director BACKGROUND: Staff proposes modification of the Zoning Ordinance to amend the text regarding Accessory Uses. 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 19, 2019 Planning & Zoning Commission Meeting. Page 8 of 13 ARTICLE 62: HOME OCCUPATIONS Section 1. Purpose The standards and regulations of this Article are designed to protect and maintain the character of residential areas while recognizing that certain professional and trade activities may, on a limited scale, with no physical outside evidence of a business use, be acceptable accessory uses in residential dwellings. These activities are subordinate to the right of surrounding residents to enjoy the use of their property for residential purposes. Section 2. Permits and Restrictions A. All Home Occupations shall require an approved Business License from the City of Roswell Business Licensing clerk. B. Minor Home Occupations are permitted in all residential zoning districts, except for including the MHC and RVP Districts with written consent from the property owner/management and approval from the Planning and Zoning Staff. C. Major Home Occupations are permitted in all residential zoning districts, excepting the MHC and RVP Districts. Major Home Occupations shall require a Conditional Use Permit approved by the Planning and Zoning Commission at a Public Hearing prior to the issuance of a Business License. Conditional Use Permits are bonded to the applicant at the residential lot stated on the application and are non-transferable. D. The applicant for the Home Occupation shall live on the premises and shall either be the owner of the residence, have some controlling interest in the property, or have the notarized, written consent or signature of the property owner, which allows the Home Occupation to be conducted on the premises. E. Home Occupations may only be conducted after approval from either Staff or the Planning and Zoning Commission. Approval for Home Occupations may only be granted if the following has been met: 1. Home Occupation application conforms to the provisions of this Ordinance. 2. Conditional Use Permit application conforms to the provisions of this Ordinance. 3. Home Occupation will not alter the residential nature of the home or neighborhood. F. One (1) Home Occupation License per residential dwelling unit and/or tract of land. GF. Violations. If it is determined by inspection or public complaint that the operation of a Home Occupation is in violation of any provision of this article or the Conditional Use Permit, action shall be taken to revoke the Business License through City Council procedures or denied renewal with written notice by Community Development Staff. Violators shall also be subject to legal sanctions. Page 9 of 13  Section 3. General Guidelines for Minor and Major Home Occupations A. A Home Occupation shall not increase the volumes of traffic and/or parking for those normally expected in a residential neighborhood. Deliveries to and from the Home Occupation shall not require the use of vehicles other than standard USPS, Fed-Ex, U.P.S., or similar vehicles. Deliveries by semi-tractor-trailer rigs are not permitted, nor shall the Home Occupation operator make use of these vehicles at the residence for any reason. B. No outdoor storage or display of goods/equipment of any kind. C. No sale or accumulation of salvage or recyclable goods. D. No flammable/explosive/hazardous products and/or materials deemed inappropriate for a residential use by City, State, or other governmental departments shall be permitted. E. No activity shall be allowed which interferes with wireless telecommunications transmissions or reception in the area or creates any offensive noise, vibration, smoke, dust, odor, heat, or glare. F. The sale of products and/or merchandise shall be limited to items normally found in a residential dwelling as permitted in Section 5 and 6 below. G. No external evidence of an activity that creates a public nuisance shall be permitted. H. No heavy equipment shall be stored or used except those normally used in residential homes. I. No mobile or temporary food establishments such as, but not limited to; push carts, ice cream trucks, and other similar uses. J. No signs or other indications of a Home Occupation shall be permitted on the premises. K. Clients or students shall be permitted on the premises only between the hours of 8 7 a.m. and 8 p.m. L. Storage of items shall be totally enclosed. within the floor area allowed for a Home Occupation. A site plan must be approved by Staff prior to the issuance of a Business License. M. Home Occupations are subject to inspection, with reasonable notification, twice per year by Staff. Section 4. Prohibited Home Occupations. The following uses, by nature of the investments or operations involved, have a pronounced tendency once started, to rapidly increase beyond the limits intended for Home Occupations, and thereby impair the use and value of a residential zoning district. Therefore, the uses specified below shall not be permitted as either Minor or Major Home Page 10 of 13 Occupations: 1. Antique, furniture, or gift shops. 2. Beauty, barber, body piercing, or tattoo shops (with the exception of mobile beauty or barber business serving only off-site customers). 3. On-site small engine repair shops. 4. Welding (Non-incidental to the Home Occupation). 5. Pet shops, veterinarian hospitals, or kennels (excepting breeder’s permits as defined in Chapter 4, Article 3 of City Code). 6. Funeral-homes, mortuaries, crematories, and other related services. 7. Restaurants, bars, lounges, or similar types of businesses. 8. Merchandise/equipment rental businesses. 9. Taxi-cab company. service and/or vehicles for hire. 10. Tow truck service or storage of towed vehicles. 11. Trucking company involving parking/storage of oversized trucks, vehicles, and trailers. 1112. Construction contractor involving parking/storage of special purpose vehicles, excavation and earth moving equipment, and oversized vehicles and trailers. 1213. Auto; boat or motor vehicle repair, including but not limited to, body/frame repair, painting or sanding, rebuilding/reconditioning engines, trailers, vehicle steam cleaning or undercoating. 1314. The sale of fuel, oil, or other products for propulsion or lubrication of motor vehicles. 1415. Workshops for heavy carpentry, household furniture, or cabinet making. 1516. Furniture refinishing and/or painting. 1617. Sale of firearms or ammunitions of any kind. 1718. Any use listed as a Commercial or Industrial permitted use. 1819. Any other uses similar and comparable to the examples listed above that do not meet the intent and purpose of this Article and that are in any way detrimental to the character and nature of a residential zoning district. Section 5. Standards and Regulations for Minor Home Occupations A. Minor Home Occupations shall be conducted entirely within the principal dwelling. Exceptions may be approved by Staff for outside activities which create no public nuisance. B. Only persons residing on the premises shall be allowed to conduct business activity on-site of be employed in any Minor Home Occupation. C. No more than 25% of the floor area of the home shall be devoted to the Minor Home Occupation. D. Professional Offices shall not be open to the general public. All meetings with clients shall be by appointment only. Only one client shall be allowed on the premises at any given time for a maximum of 6 clients per day. Page 11 of 13 F. Family Child Care Homes for children shall be limited to 6 children per day. G. Family Adult Care Homes for adults are limited to 4 adults per day. H. Instruction of students in music, arts, crafts, dance, and tutoring shall be limited to 3 pupils at a time for maximum of 6 per day. I. Medical offices are permitted for personal use scheduling and paperwork but neither for the practice of the profession nor for consultation with clients except in the case of an emergency. J. Small home crafts, workshops or studios for an artist, photographer, writer, composer, dressmaker, tailor, typist, or computer programmer (some light carpentry or light welding incidental to the craft or art is acceptable). Such home workshops or studios shall not be open to the general public. Meetings with a client shall be by appointment only and only one client shall be allowed on the premises at any given time for a maximum of 6 per day. K. On-site and Mmobile repair service conducted at the client's site (small appliance, computer, and electronics). No exception for outside activity or storage is permitted. L. Small engine repair as a mobile service conducted at the customer’s site only. No on-site repair, outside activity or storage is permitted. L M. Contractors, trucking companies, mobile mechanics and similar occupations may request a license for a home occupation for the purpose of scheduling, bookkeeping, and clerical activities only by immediate family members who reside on the property with strict compliance that no customer or employee vehicles, oversized vehicles, trailers, or construction equipment including excavation and earth moving equipment be allowed to be stored on or parked on the property or in the easements, alley, or right-of-way adjacent to or near the property. Only one regular size work-related truck or van is allowed to be parked on site or in the driveway along with personal vehicles belonging to residents of the property. Secondary or additional work-related vehicles shall not be parked in the easements, alley, or right-of-way. N. Contractors with a vehicle for hire may request a license for a home occupation with the provision that not more than 2 personal vehicles, mini-vans, 15- passenger vans, and limousines be permitted and only driven by residents residing on the property. Vehicles shall be parked on the property with direct access entry to a street, shall be parked on an off-street paved surface on the property, and shall not overhang the sidewalk or be parked in the right-of-way, easement, or alley. Oversized vehicles shall not be permitted. LO. Other uses that meet the intent and purpose of this section as determined by Planning and Zoning Staff. Page 12 of 13 Section 6. Standards and Regulations for Major Home Occupations A. The business shall be conducted entirely within enclosed structures with the exception of child care outdoor play areas. Exceptions may be granted by the Planning and Zoning Commission for outside activities that do not create a public nuisance. B. No more than one employee, plus the inhabitants of the residence shall be on the premises at one time to conduct the Major Home Occupation. C. No more than 25% of all structures shall be devoted to the major home occupation and storage shall not exceed 10% of the total floor area and be wholly enclosed inside a structure. Accessory building(s) may be used for a Major Home Occupation if approved by the Planning and Zoning Commission. D. Instruction of students shall be limited to 6 pupils at a time for a maximum of 12 per day, or as determined by the Planning and Zoning Commission. E. Group Day Care Homes for Children shall be limited to more than 6 but less than and no more than 12 children, as determined by the State. The Planning and Zoning Commission shall determine allowable business hours based on the nature of the business. F Group Day Care Homes for Adults are limited to more than 4 but less than and no more than 6 adults, as determined by the State. The Planning and Zoning Commission shall determine allowable business hours based on the nature of the business. G. Small appliance, computer, and small electronic repair. No exception for vehicle repair, outside activity or storage is permitted. H. Small engine repair as a mobile service, conducted at the customer’s site. No outside activity or storage is permitted. I G. Other uses that meet the intent and purpose of this section. Page 13 of 13