Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, March 24, 2020 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, CZO A. Call to Order B. Roll-Call C. Swearing In D. Approval of the Agenda E. Approval of the February 25, 2020 P&Z Regular Meeting Minutes F. Public Hearing Items CASE 20-007 VAR: A request for a Yard Setback Variance and Building Height Variance in the R-1 Residential Zoning District. Subd: RIVERSIDE HEIGHTS Block: 35 Lot: 4 E 105' S 100.50' / W 10' E 105' N 60' Quarter: SE S: 31 T: 10S R: 24E BK 674 PG 29 WD. ADDRESS: 63 Riverside Drive (OWNER: SHEILA B. CROSSLEY). CASE 20-008 VAR: A request for west and east Side Yard Setback Variances in the R-1 Residential Zoning District. Subd: LOMITAS ENCANTADAS Block: 5 Lot: 1 AND:- Lot: 2 E 10' , S: 36 T: 10S R: 23E BK: 525 PG: 912 WDJT. ADDRESS: 2600 Highland Road (OWNER: TONY J LARA & ROSIE R LARA). 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: March 20, 2020 Page 1 of 28  P&Z REGULAR MEETING DRAFT MINUTES Roswell Planning & Zoning Commission Tuesday, February 25, 2020 - 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 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 Storey MOTIONED to approve the agenda of the Planning & Zoning Commission Meeting for Tuesday, February 25, 2020 as presented. Seconded by Commissioner Taylor. The motion passed by a voice vote of seven to zero. Page 2 of 28 E. MINUTES: Consider approval of the January 28, 2020 P&Z Regular Meeting Minutes Commissioner Lessard MOTIONED to approve the Regular Planning & Zoning Commission regular meeting minutes for the January 28, 2020 as written. Seconded by Commissioner Storey. The motion passed by a voice vote of seven to zero. F. PUBLIC HEARING ITEMS: 1. CASE 19-024 SUP: A request for a Special Use Permit for Multi-Family in C-2 (Community Commercial Zoning District) with a Variance for the Number of Required Parking Spaces. Subd: SOUTH ROSWELL Block: 5 Lot: 1 AND: - Lot: 2 , BK: 326 PG: 566 REC. ADDRESS: 301 S MAIN STREET (OWNER: TIERRA REALTY TRUST, LLC). (Per Article 3, Section 8(E) of the Roswell Zoning Ordinance, Applicant and Staff are requesting this item remain tabled for up to six months to allow time for additional preparation on the case.) Chair Armstrong introduced Case 19-024, a request to approve a Special Use Permit for multi-family apartments in the C-2 zoning district. 1st and 2nd Cases 19-024 and 19-025 need to be tabled until further motion MOTION – 19-024 SUP Commissioner McDaniel made a motion to table Case 19-024 and Case 19-025 until further notice. Seconded by Commissioner Aguilar. Mr. Morris: Wants the public to be aware that these cases will be readvertised and notices sent out. The motion passed by a voice vote seven to zero. 2. CASE 19-025 SUP: A request for a Special Use Permit for Multi-Family in C-2 (Community Commercial Zoning District) with a Variance for the Number of Required Parking Spaces. Subd: SOUTH ROSWELL Block: 5 Lot: 13 AND:- Lot: 15 AND:- Lot: 17 AND:- Lot: 19 AND:- Lot: 21 AND:- Lot: 23 N 60 FT AND:- Lot: 25 N 60 FT AND:- Lot: 27 N 60 AND:- Lot: 29 N 60 FT AND:- Lot: 31 N 60 FT , , , , , , , , , BK: 326 PG: 566 REC. ADDRESS: 300 S VIRGINIA AVENUE (OWNER: TIERRA REALTY TRUST, LLC). (Per Article 3, Section 8(E) of the Roswell Zoning Ordinance, Applicant and Staff are requesting this item remain tabled for up to six months to allow time for additional preparation on the case.) Chair Armstrong introduced Case 19-025, a request to approve a Special Use Permit for multi-family apartments in the C-2 zoning district. MOTION – 19-025 SUP Commissioner McDaniel made a motion to table Case 19-024 and Case 19-025 until further notice. Seconded by Commissioner Aguilar. Mr. Morris: Wants the public to be aware that these cases will be readvertised and notices sent out. The motion passed by a voice vote seven to zero. Page 3 of 28 3. CASE 20-004 ZOC: A request for a Change in Zoning from R-2 and R-3 Residential Zoning Districts to C-2 Community Commercial. Subd: FRUITLAND Block: 20 Lot: 5 BK: 654 PG: 384 QCD and Subd: FRUITLAND Block: 20 Lot: 6 THRU:- Lot: 8 , , S: 17 T: 11S R: 24E S: 17 T: 11S R: 24E S: 17 T: 11S R: 24E BK: 654 PG: 384 QCD, BK: 654 PG: 384 QCD, BK: 654 PG: 384 QCD. 3200 BLOCK OF S MAIN STREET - ADDRESSING TO BE DETERMINED (OWNER: PRESTIGE WORLD WIDE DEVELOPMENT, INC). Chair Armstrong introduced Case 20-004, a request for a change in zoning for approximately 20 acres from R-2 and R-3 to C-2 in the 3200 Block of South Main Street. Commissioner Storey Recused himself from 20-004. Commissioner Aguilar made a MOTION to waive the Reading of the Finding of Facts and Land Use and Zoning Considerations with respect to Case 20-004. Seconded by Commissioner McDaniel. The motion passed by a voice vote of six to zero. (Storey recused) Chair Armstrong: Is there anyone wishing to speak in favor of Case: 20-004? In Favor: Freddy Nasrallah: Wants to develop a multi-purpose commercial building and a motel. Chair Armstrong: Looks like one of your applications if for Residential to RV Park and the other one. Mr. Nasrallah: The RV Park parcel is the next zoning case. Chair Armstrong: Where is the metal building going to be located? Mr. Nasrallah: On the very back. Chair Armstrong: What about the easement north of the property? Mr. Nasrallah: That is where I will build a road. Chair Armstrong: Will there would be egress and ingress from the alley? Mr. Nasrallah: No. Chair Armstrong: Asked Mr. Najar to address traffic per the protest letter. Mr. Najar: The median crossing will be allowed but must be engineering and a study. To follow up on your comments, there will be a 60’ wide street built to city specs. No access to alley except for trash. Infrastructure to the sewer is available in the sewer. South Main is a major arterial. You can expect traffic to increase upon development. Chair Armstrong: Is there anyone wishing to speak against Case: 20-004? Against: None Staff Comments: Page 4 of 28  Mr. Morris: This property is a request to convert existing residentially zoned properties to C- 2. There is a C-2 Corridor Industrial high intensity use. Rezoning is compatible with high intensity use. Staff is recommending approval. Mr. Najar: Regarding opposition letter referring to the street light, I understand the concerns. The median opening with turning lanes should suffice 34’ wide residential street to service the hotel and RV Park. Engineering supports. MOTION – 20-004 ZOC Commissioner McDaniel made a motion to approve Case Number 20-004 along with the land use and zoning considerations, findings of facts, staff recommendations, and testimony we received this evening. Second by Commissioner Lessard. The motion carried by a voice vote of six to zero (with Commissioner Storey recusing himself). 4. CASE 20-005 ZOC: A request for a Change in Zoning from R-2 and R-3 Residential Zoning Districts to RVP (Recreational Vehicle Park Zoning District). Subd: FRUITLAND Block: 20 Lot: 3 S 434.24 FT AND:- Lot: 4 S 434.24 FT , S: 17 T: 11S R: 24E S: 17 T: 11S R: 24E BK:829 PG:1039 QCD. 3100 BLOCK OF S MAIN STREET - ADDRESSING TO BE DETERMINED (OWNER: PRESTIGE WORLD WIDE DEVELOPMENT, INC). Chair Armstrong introduced Case 20-005, a request for a change in zoning for approximately 5 acres from R-2 and R-3 to RVP in the 3100 Block of South Main Street. Commissioner Storey recused himself. Commissioner Aguilar made a MOTION to waive the Reading of the Finding of Facts and Land Use and Zoning Considerations with respect to Case 20-005. Seconded by Commissioner McCornack. The motion passed by a voice vote of six to zero. Chair Armstrong: Is there anyone wishing to speak in favor of Case: 20-005? In Favor: Freddy Nasrallah: Wants to do an RV Park. The center of the property will have bathrooms and a game room. Joletha Alford: Thinks she’s in favor and has some specific questions. Will there be a solid wall on their side of the alley? How will l trash collection happen, will it happen inside the park or in the alley? Will there be a site manager? I’m glad the developer is a local. Will there be a time limit for stays? Chair Armstrong: There will be a solid wall around the property. Will trash be collected by the city in the alley? Mr. Najar: It may behoove the City to do trash collection inside the RV Park and inside the Commercial area to the south. Mr. Nasrallah: I plan to have a site manager. There will be no longer term parking of RVs. Chair Armstrong: Is there anyone wishing to speak against Case: 20-005? Page 5 of 28  Against: None Commissioner Aguilar: Is there a certain amount of greenspace required? Mr. Morris: There will have to be a landscaping plan submitted with the plans. Mr. Najar: This is a concept only. The plan review will look at parking, turning radius, ADA parking, landscaping, and drainage. Staff Comments: Mr. Morris: Staff feels this use is compatible with the prevailing norms and uses in the area. Staff is still waiting on a site plan that must meet all criteria in the Zoning Ordinance. Staff recommends approval. Mr. Najar: Engineering is supportive. MOTION – 20-005 ZOC Commissioner McDaniel made a motion to approve Case Number 20-005 along with the land use and zoning considerations, findings of facts, staff recommendations, and testimony we received this evening. Second by Commissioner Lessard. The motion carried by a voice vote of six to zero (with Commissioner Storey recusing himself). 5. CASE 20-006 ZOC: A request for a Change in Zoning from C-2 Community Commercial Zoning District to RVP (Recreational Vehicle Park Zoning District). Subd: MARLEY SUMMARY REPLAT Lot: 1 S: 9 T: 10S R: 24E BK:834 PG:866 WDJT. ADDRESS TO BE ASSIGNED AS 501 E PINE LODGE ROAD (OWNER: LARRY D LOPEZ AND TRACY L LOPEZ). Chair Armstrong introduced Case 20-006, a request for a change in zoning for approximately 11.263 acres from C-2 to RVP on the property located at 501 E Pine Lodge Road. Commissioner Storey recused himself. Commissioner Aguilar made a MOTION to waive the Reading of the Finding of Facts and Land Use and Zoning Considerations with respect to Case 20-006. Seconded by Commissioner Lessard. The motion passed by a voice vote of six to zero (with Commissioner Storey recusing himself). Chair Armstrong: Is there anyone wishing to speak in favor of Case: 20-006? In Favor: Tracy Lopez: I am planning an RV Park on East Pine Lodge Road. All the spaces are designed for pull thru. Looking at naming it Antelope Crossing RV Park. Alex Palamino: In your packet is the conceptual layout. Chair Armstrong: Is there dirt work happening already? Mr. Palamino: Dirt is being moved onto the site to build it up. Page 6 of 28  Chair Armstrong: Is there anyone wishing to speak against Case: 20-006? Against: None Staff Comments: Mr. Morris: When Staff looked at this rezoning, we looked at this as a way to feather C-2 to residential, to step down the intensity. I find it compatible with the general intent of the area. Staff supports the request. Mr. Najar: We have reviewed drainage, bringing in fill due to the floodplain. Sewer and water are available on Pine Lodge. Engineering is in full support of this project. MOTION – 20-006 ZOC Commissioner Lessard made a motion to approve Case Number 20-006 along with the land use and zoning considerations, findings of facts, staff recommendations, and testimony we received this evening. Second by Commissioner Aguilar. The motion carried by a voice vote of six to zero (with Commissioner Storey recusing himself). 6. TEXT AMENDMENT to ZONING ORDINANCE ARTICLE 4: DEFINITIONS SECTION 2: DEFINITIONS to consider text amendment to modify the Zoning Ordinance. Chair Armstrong Introduced Item 6: A Text Amendment to Article 4: Definitions in the Roswell Zoning Ordinance. Mr. Martinez: Staff was looking at the definitions; we are proposing additional language for corner lots. MOTION – TEXT AMENDMENT Commissioner Storey made a motion to recommend approval of the text amendment to Zoning Ordinance Article 4, to amend the definition of Lot line, front as presented. Second by Commissioner Lessard. The motion passed by a voice vote of seven to zero. 7. TEXT AMENDMENT to ZONING ORDINANCE ARTICLE 12: R-1 RESIDENTIAL DISTRICT SECTION 2: USE REGULATIONS A. PERMITTED USES - To consider text amendment to modify the Zoning Ordinance. Chair Armstrong Introduced Item 7: A Text Amendment to Article 12: R-1 Residential District. Staff: Ms. Hildreth: Staff recommends lots with setbacks 75’ or greater be allowed to build second structure in the R-1 zoning district. This allows non-conforming uses to be legal. Page 7 of 28  Mr. Morris: The additional units would have to be compatible with the Zoning Ordinance. This will allow second unit. Clean up the text to match some of the issues that staff often finds. Commissioner Storey: How will utilities be handled? Mr. Morris: Shared utilities on one parcel under one name. Lot size in R-1 is 6,000. It’s not the intent to create smaller lots. This is seen on interior lots in the older areas, and it would difficult to separate into multiple lots. MOTION – TEXT AMENDMENT Commissioner McDaniel made a motion to recommend approval of the text amendment to Zoning Ordinance Article 12: R-1 Residential District (as presented this evening.) Second by Commissioner Storey. The motion passed by a voice vote of seven to zero. 8. TEXT AMENDMENT to ZONING ORDINANCE ARTICLE 46: RVP RECREATIONAL VEHICLEPARK SECTION 2: GENERAL STANDARDS AND REQUIREMENTS To consider text amendment to modify the Zoning Ordinance. Chair Armstrong Introduced Item 8: A Text Amendment to Article 46: RVP RECREATIONAL VEHICLE PARK. Staff: Ms. Hildreth: Staff is recommending separating parking spaces for vehicles from parking pads for RVs. Commissioner Storey: Some that strictly do pull thru parking limits perimeter spaces. This type of text amendment allows design and better use of the property. Mr. Palomino: Consider the width is not changing from 25’ width. May wish to consider expanding the width and depth requirements. Minimum Mr. Najar: Staff is seeing a possibility of 6 RV parks coming in. Staff is trying to be accommodating. MOTION – TEXT AMENDMENT Commissioner Storey made a motion to recommend approval of the text amendment to Zoning Ordinance Article 46: RVP Recreational Vehicle Park (as presented this evening). Second by Commissioner Aguilar. The motion passed by a voice vote of seven to zero. G. NON-ACTION ITEMS Planning & Zoning Commissioner Terms Riley Armstrong 2nd Term: 4/1/2016 – 3/31/2020 (1st Term: 4/1/2012 – 3/31/2016) (Partial Term 1/2011 – 3/31/2012) Page 8 of 28  David Storey: 1st Term: 4/1/2016-3/31/2020 (Partial Term 2/2014 – 3/31/2016) Kent Taylor 1st Term: 4/1/2016-3/31/2020 Jesse McDaniel 1st Term: 4/1/2016-3/31/2020 Jana Lessard 1st Term: April 2018 - Saul Aguilar 1st Term: April 2018 - James McCornack 1st Term: April 2018 – Mr. Storey mentioned the Commission will need to elect new officers. H. OTHER BUSINESS I. PUBLIC COMMENTS J. REPORTS/ANNOUNCEMENTS K. ADJOURN Chair Armstrong adjourned the meeting at 6:57 p.m. Page 9 of 28 EXHIBIT A: 20-007 VAR APPLICATION - 63 RIVERSIDE DRIVE Page 10 of 28  EXHIBIT B: STAFF SUMMARY FOR CASE 20-007 (VAR) 63 RIVERSIDE DRIVE (PAGE 1 OF 5) Roswell Planning & Zoning Commission Tuesday, March 24, 2020 Meeting Room A: Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 20-007 (VAR): REQUESTING A YARD SETBACK VARIANCE AND BUILDING HEIGHT VARIANCE IN R-1 RESIDENTIAL ZONING DISTRICT. I. Property: Property Location: 63 Riverside Drive Legal Description: Subd: RIVERSIDE HEIGHTS Block: 35 Lot: 4 E 105' S 100.50' / W 10' E 105' N 60' Quarter: SE S: 31 T: 10S R: 24E BK 674 PG 29 WD Property Owner: Sheila B. Crossley Request: Request for a 5’ variance to the north yard setback for a 15’X15’ (225 square foot) two-story loft addition to the garage and to allow the loft addition height to be 19’ tall and higher than the primary residential structure. II. Site Data: Site Area: The lot is approximately 10,500 square feet UPC: 4134061473389000000 Existing Land Use: Primary Residential Structure with detached garage that historically had a small accessory dwelling in a portion of the garage structure. Proposed Land Use: Retain primary residential structure and add a 225 square foot loft addition to garage which has had an accessory residential structure with existing plumbing under 300 square feet without a hood in the kitchen area. Existing Zoning: R-1 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Residential R-1 (Residential) South Nancy Lopez Golf Course at Spring River P-R (Parks & Recreation) East Residential R-1 (Residential) West Residential R-1 (Residential) Page 11 of 28  EXHIBIT B: STAFF SUMMARY FOR CASE 20-007 (VAR)  63 RIVERSIDE DRIVE (PAGE 2 OF 5) Chaves County Assessor’s Map P-R R-1 P-R Google Earth Aerial of the Vicinity P-R Zoning Map for 20-007 (VAR) Page 12 of 28  EXHIBIT B: STAFF SUMMARY FOR CASE 20-007 (VAR) 63 RIVERSIDE DRIVE (PAGE 3 OF 5) III. Intent of Petition: The property owner is requesting a yard variance in order to build a 19’ tall loft with a 15’X15’ 225 square foot footprint, and a variance to allow the loft to be taller than the principal residential structure per Article 50: Development Standards Section 2 Table (R-1) Setbacks and Section 2.C. Article 50: Development Standards Section 2. Residential Districts C. “The required 10 foot side yard setback for a residential 2-story structure shall be measured from that portion of the building, as determined by the City Building Inspector, to the nearest side property line. Half-story containing independent living quarters or apartment shall be counted as a full story.” Per the table in Article 50: Development Standards Section 2. Residential Districts, the interior side yard setback for 2 story structures is 10’. IV. Land Use and Zoning Considerations: 1. The property under consideration is currently zoned R-1 Residential per the Zoning Map. 2. The existing garage is approximately 3’ from the north property line. A separate residential property is located on the north side of the property line. The set back on the site plan for the proposed loft is 5’ from the north property line. 3. The proposed loft will be 19’ tall, which is taller than the approximately 14’6” ridge of the house which is shown in the Google Earth May 2013 street view below. 4. The site plan below shows a 5’ yard setback from the north property line/fence line. Page 13 of 28  EXHIBIT B: STAFF SUMMARY FOR CASE 20-007 (VAR) 63 RIVERSIDE DRIVE (PAGE 4 OF 5) 5. The architectural floor plan below shows the existing garage, the existing bath room, the existing kitchen sink area, and the proposed artist studio loft addition. The primary house and garage are separated by a covered patio. V. Findings of Fact (Conclusions of Law): 1. A notice of the time and place of the public hearing for this case was published in the Roswell Daily Record at least fifteen (15) days prior to the date of this hearing. 2. Notification of the public hearing was mailed via certified mail with return receipt requested to property owners of record, as shown by the Chaves County Assessor, with lots or land within one-hundred (100) feet of the area under consideration, excluding public rights-of-way. 3. This agenda which includes this case has been posted at City Hall and on the City of Roswell’s website for over seventy-two (72) hours as required by State of New Mexico law for a public hearing. Page 14 of 28  EXHIBIT B: STAFF SUMMARY FOR CASE 20-007 (VAR) 63 RIVERSIDE DRIVE (PAGE 5 OF 5) 4. At the the time of this writing, the Planning & Zoning Office has received zero (0) written protests and zero (0) verbal protests. VI. Staff Recommendation: Based on the findings of fact; nature of the proposed land use consideration; lot size, conditions, and configuration; surrounding land uses and zoning districts; and the regulations established in the Zoning Ordinance; Staff recommends approval of Zoning Case 20-007 VAR to grant a 5’ setback variance for a loft addition and a height variance for the loft to exceed the height of the primary residential structure. VII. Action by the Planning & Zoning Commission: The Planning and Zoning Commission may make a motion to approve or deny this application based on Findings of Fact, Land Use and Zoning Considerations, and testimony and material introduced at the hearing, with or without specified conditions. Page 15 of 28  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 20-007 (VAR) LETTER SENT VIA CERTIFIED MAIL ON MARCH 12, 2020 TO SURROUNDING PROPERTY OWNERS CITY OF ROSWELL COMMUNITY DEVELOPMENT DEPARTMENT Planning & Zoning Office PO Box 1838, Roswell, NM 88202-1838 415 N Richardson Avenue, Roswell, NM 88201 Telephone: (575) 637-6294 Fax: (575) 637-6277 RE: PUBLIC HEARING NOTICE for ZONING CASE 20-007 (VAR) You have received this notice via certified mail because Chaves County Assessor information indicates you are a property owner of record within 100 feet of City of Roswell Planning & Zoning Case 20-007 VAR. The zoning case is a request for a variance to the north rear yard setback for the existing garage and a new loft addition to the garage and a variance for the loft height to be taller than the house in the R-1 Zoning District. OWNER OF PROPERTY: Sheila B Crossley PROPERTY LOCATION: 63 Riverside Drive LEGAL DESCRIPTION: Subd: RIVERSIDE HEIGHTS Block: 35 Lot: 4 E 105' S 100.50' / W 10' E 105' N 60' Quarter: SE S: 31 T: 10S R: 24E BK 674 PG 29 WD The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on Date: TUESDAY, MARCH 24, 2020 at 6:00 p.m., in Meeting Room A at the Roswell Convention & Civic Center, located at 912 North Main Street. You are entitled, although not obligated, to comment either in writing to our office or in person at the hearing. To be considered, written protests must be submitted to the Planning and Zoning Office no later than noon on the working day prior to the Planning and Zoning Commission meeting. Providing written input to the Planning and Zoning Office by noon on March 17, 2020 will allow your concerns to be addressed in the Staff Report. Comments provided by noon on March 23, 2020 will be provided to the Commissioners at the meeting. Written comments may be delivered to the Planning & Zoning Office at 415 North Richardson Avenue, or sent to: City of Roswell, Zoning Administrator, PO BOX 1838, Roswell, NM 88202-1838 or via email to m.hildreth@roswell- nm.gov or submitted in person to the Planning & Zoning Office. The information packet for this zoning case will be available after 1:00 p.m., on Wednesday, March 18, 2020. You may inspect the information packet in detail at the Planning & Zoning Office located on the first floor of City Hall Annex at 415 North Richardson Avenue. The P&Z Packet may be viewed online at www.roswell-nm.gov. Copies of the information packet may be obtained from the Planning and Zoning Office at a cost of 35 cents per sheet. The City’s Zoning Ordinance is available online at: http://roswell-nm.gov/189/Planning-Zoning. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Respectfully, Merideth Hildreth (Area Map on Reverse Side ) Planning & Zoning Administrator Page 16 of 28  EXHIBIT D: CASE 20-007 (VAR) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION AND PROPERTIES WITHIN NOTIFICATION AREA 6 8 9 4 5 7 2 3 1 10 11 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA 63 RIVERSIDE DRIVE Page 17 of 28 1 9 SHEILA CROSSLEY WILLIAM & SUE BRINEY PO BOX 2909 1406 HIGHLAND RD ROSWELL, NM 88202 ROSWELL, NM 88201 2 WILLIAM & SUE BRINEY OR CURRENT OWNER AYAME ARCHULETTA 1410 HIGHLAND RD 504 N LOUISIANA ROSWELL, NM 88201 ROSWELL, NM 88201 10 3 JESSICA ATKINS & CHRISTOPHER CORTEZ JON E HITCHCOCK 403 VIALE BOND PO BOX 2930 ROSWELL, NM 88201 ROSWELL, NM 88202 11 JON E HITCHCOCK CITY OF ROSWELL 67 RIVERSIDE DR PO BOX 1838 ROSWELL, NM 88201 ROSWELL, NM 88202 4 ERIC D MANN & ASHLEY MANN 1508 HIGHLAND RD ROSWELL, NM 88201 5 PETER L ATKINSON 1504 HIGHLAND RD ROSWELL, NM 88201 6 NICHOLE & ANDREW LUEVANO 1502 HIGHLAND RD ROSWELL, NM 88201 7 LISA VERDI 703 DEBORAH DR ROSWELL, NM 88201 LISA VERDI OR CURRENT OWNER 1500 HIGHLAND RD ROSWELL, NM 88201 8 PETER L ATKINSON OR CURRENT OWNER 1412 HIGHLAND RD ROSWELL, NM 88201 Page 18 of 28 EXHIBIT A: 20-008 VAR APPLICATION FOR 2600 HIGHLAND ROAD X X Page 19 of 28  EXHIBIT B: STAFF SUMMARY FOR CASE 20-008 (VAR) 2600 HIGLAND ROAD (PAGE 1 OF 6) Roswell Planning & Zoning Commission Tuesday, March 24, 2020 Meeting Room A: Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 20-008 (VAR): REQUESTING YARD SETBACK VARIANCES FROM THE WEST INTERIOR PROPERTY LINE AND THE EAST STREET SIDE YARD PROPERTY LINE FOR AN EXISTING PRIMARY RESIDENTIAL STRUCTURE IN THE R-1 RESIDENTIAL ZONING DISTRICT. I. Property: Property Location: 63 Riverside Drive Legal Description: Subd: LOMITAS ENCANTADAS Block: 5 Lot: 1 AND:- Lot: 2 E 10' , S: 36 T: 10S R: 23E BK: 525 PG: 912 WDJT Property Owner(s): Tony J. Lara & Rosie R. Lara Request: Request for a 3’ side yard variance from southwest corner of house to the west interior property line and a 16’7” street side yard variance on Minor Arterial (Sycamore Avenue) for an existing primary structure built c. 2010 on an odd shaped corner lot in the R-1 Residential Zoning District. II. Site Data: Site Area: The lot is approximately 10,527 square feet UPC: 4133061533398000000 Existing Land Use: Primary Residential Structure built c. 2010 and properly permitted. Proposed Land Use: Same as Existing Existing Zoning: R-1 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Residential R-1 (Residential) South Residential R-1 (Residential) East First Church of the Nazarene R-3 (Residential) East Residential P-R (Parks & Recreation) West Residential R-1 (Residential) Page 20 of 28  EXHIBIT B: STAFF SUMMARY FOR CASE 20-008 (VAR)  2600 HIGHLAND ROAD (PAGE 2 OF 6) Source: Chaves County Assessor’s Map P-R P-R Zoning Map for 20-008 (VAR) Page 21 of 28  EXHIBIT B: STAFF SUMMARY FOR CASE 20-008 (VAR) 2600 HIGHLAND ROAD (PAGE 3 OF 6) III. Intent of Petition: In order for this R-1 odd-shaped lot with non-conforming setbacks of an existing primary residential dwelling built c. 2010 to become legally non-conforming per the current Zoning Ordinance, the property owner is requesting the following yard variances due to encroachment in the setbacks: 1) A 3’ variance for the southwest corner of the house which was constructed 2’ from the west interior property line; and 2) A 16’7” street side yard variance for the eastern edge of the existing house that is encroaching in the 35’ street side yard setback established for corner lots in the R-1 on Minor Arterials (Sycamore Avenue) Reference: Zoning Ordinance Article 50: Development Standards Section 2 Table (R-1) Setbacks and Section 2.C. Page 22 of 28  EXHIBIT B: STAFF SUMMARY FOR CASE 20-008 (VAR) 2600 HIGHLAND ROAD (PAGE 4 OF 6) IV. Land Use and Zoning Considerations: 1. The property under consideration is on odd-shaped corner lot on Highland Road and Sycamore Avenue in the R-1 Residential Zoning District. 2. The City of Roswell Building Office issued a building permit No. 43811 on August 31, 2009. The Zoning Office approved a hand-drawn site plan on August 28, 2009 that shows a side yard setback of 7’ of the southwestern corner of the house from the west property line and a 25’ street side yard setback from the property line parallel to Sycamore Avenue. The Building Office issued a Certificate of Occupancy on August 6, 2010. 3. On December 19, 2019, Rains Surveying issued an Improvement Location Report showing a side yard setback of 2’ of the southwestern corner of the house from the west property line and a 18.5’ street side yard setback from the property line parallel to Sycamore Avenue. 4. Possibly due to the angle of the western lot line, the corner of the house was built encroaching into the interior side yard setback. 5. The most current Functional Street Classification Plan included in the 2016 Comprehensive Master Plan designates N Sycamore Avenue as a Minor Arterial which requires a 35’ street side yard setback in the R-1 Zoning District for corner lots. The 2005 Comprehensive Master Plan also designated N Sycamore Avenue as a Minor Arterial and the 1993 Zoning Ordinance also required the 35’ street side yard setback on corner lots on Minor Arterials. 6. The Rains Surveying Improvement Location Report is provided on page 5 of this Staff Summary. (The northeast corner of the house is approximately 22’ from the eastern property line and approximately 29’ from the curb. V. Findings of Fact (Conclusions of Law): 1. A notice of the time and place of the public hearing for this case was published in the Roswell Daily Record at least fifteen (15) days prior to the date of this hearing. 2. Notification of the public hearing was mailed via certified mail with return receipt requested to property owners of record, as shown by the Chaves County Assessor, with lots or land within one-hundred (100) feet of the area under consideration, excluding public rights-of-way. Page 23 of 28  EXHIBIT B: STAFF SUMMARY FOR CASE 20-008 (VAR) 2600 HIGHLAND ROAD (PAGE 5 OF 6) 3. This agenda which includes this case has been posted at City Hall and on the City of Roswell’s website for over seventy-two (72) hours as required by State of New Mexico law for a public hearing. 4. As of the time of this writing, the Planning & Zoning Office has received zero (0) written protests and zero (0) verbal protests. VI. Staff Recommendation: Based on the findings of fact; nature of the proposed land use consideration; lot size, conditions, and configuration; surrounding land uses and zoning districts; and the regulations established in the Zoning Ordinance; Staff recommends approval of the interior and street side yard variances for Zoning Case 20-008 ZOC. VII. Action by the Planning & Zoning Commission: The Planning and Zoning Commission may make a motion to approve or deny this application based on Findings of Fact, Land Use and Zoning Considerations, and testimony and material introduced at the hearing, with or without specified conditions. Page 24 of 28 EXHIBIT B: STAFF SUMMARY FOR CASE 20-008 (VAR) 2600 HIGHLAND ROAD (PAGE 6 OF 6) Page 25 of 28  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 20-008 (VAR) LETTER SENT VIA CERTIFIED MAIL ON MARCH 12, 2020 TO SURROUNDING PROPERTY OWNERS CITY OF ROSWELL COMMUNITY DEVELOPMENT DEPARTMENT Planning & Zoning Office PO Box 1838, Roswell, NM 88202-1838 415 N Richardson Avenue, Roswell, NM 88201 Telephone: (575) 637-6294 Fax: (575) 637-6277 RE: PUBLIC HEARING NOTICE for ZONING CASE 20-008 (VAR) You have received this notice via certified mail because Chaves County Assessor information indicates you are a property owner of record within 100 feet of City of Roswell Planning & Zoning Case 20-008 VAR. The zoning case is a request for a variance to the west interior side yard setback and east street side yard setback on an asymmetrical lot for the existing house built c. 2010 in the R-1 Zoning District. OWNER OF PROPERTY: Tony J. Lara and Rosie R. Lara PROPERTY LOCATION: 2600 Highland Road LEGAL DESCRIPTION: Subd: LOMITAS ENCANTADAS Block: 5 Lot: 1 AND:- Lot: 2 E 10' , S: 36 T: 10S R: 23E BK: 525 PG: 912 WDJT The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on Date: TUESDAY, MARCH 24, 2020 at 6:00 p.m., in Meeting Room A at the Roswell Convention & Civic Center, located at 912 North Main Street. You are entitled, although not obligated, to comment either in writing to our office or in person at the hearing. To be considered, written protests must be submitted to the Planning and Zoning Office no later than noon on the working day prior to the Planning and Zoning Commission meeting. Providing written input to the Planning and Zoning Office by noon on March 17, 2020 will allow your concerns to be addressed in the Staff Report. Comments provided by noon on March 23, 2020 will be provided to the Commissioners at the meeting. Written comments may be delivered to the Planning & Zoning Office at 415 North Richardson Avenue, or sent to: City of Roswell, Zoning Administrator, PO BOX 1838, Roswell, NM 88202-1838 or via email to m.hildreth@roswell- nm.gov or submitted in person to the Planning & Zoning Office. The information packet for this zoning case will be available after 1:00 p.m., on Wednesday, March 18, 2020. You may inspect the information packet in detail at the Planning & Zoning Office located on the first floor of City Hall Annex at 415 North Richardson Avenue. The P&Z Packet may be viewed online at www.roswell-nm.gov. Copies of the information packet may be obtained from the Planning and Zoning Office at a cost of 35 cents per sheet. The City’s Zoning Ordinance is available online at: http://roswell-nm.gov/189/Planning-Zoning. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Respectfully, Merideth Hildreth (Area Map on Reverse Side ) Planning & Zoning Administrator Page 26 of 28  EXHIBIT D: CASE 20-008 (VAR) CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION AND PROPERTIES WITHIN NOTIFICATION AREA 2 9 8 7 1 6 3 4 5 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA 2600 HIGHLAND ROAD Note: Per Recent information from the Chaves County Assessor’s Office, Properties 7, 8, 9 are under the ownership of Jackie D. Atkins Page 27 of 28 1 LARA, TONY J; LARA, ROSIE R 1401 SIMPSON DR ROSWELL NM 88201 2. FIRST CHURCH OF NAZARENE 501 N SYCAMORE AVE ROSWELL NM 88201 3. CITY OF ROSWELL PO BOX 1838 ROSWELL NM 88202 4&5 ELWELL REVOCABLE TRUST; DON JR & BARBARA A TRUSTEES 720 S SUNSET AVE STE B ROSWELL NM 88203 6. SWENSON, GEORGE R; SWENSON, MYRA P 2602 HIGHLAND RD ROSWELL NM 88201 7, 8 & 9 ATKINS, JACKIE D 500 N SYCAMORE AVE ROSWELL NM 88201 Page 28 of 28