Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, March 28, 2023 at 6:00 PM Meeting Room A; Roswell Convention & Civic Center 912 North Main Street Roswell, New Mexico Planning & Zoning Commission Members: Chair: David Storey; Vice Chair: James MacCornack; Secretary: Jesse McDaniel Members: Saul Aguilar, Jana Lessard, Steve Henderson, Richard L. Gutierrez City Staff: Acting CD Director/ Planning & Zoning Administrator Merideth Hildreth, AICP Associate Planner; Miguel Martinez, CZO City Engineer; Louis Najar, P.E. A. Call to Order B. Roll-Call C. Swearing In D. Approval of the Agenda: March 28, 2023 Agenda E. Approval of Minutes: January 24, 2023 P&Z Regular Meeting Minutes F. Public Hearing Items 1. CASE 23-002 ZOC: Request for change of zoning district from R-3 Residential to INST Institutional to build a new Public Health Office at 1601 S Garden Avenue. Subd: FRUITLAND Block: 3 Lot: 5 LESS W 150' S 200' (BOUNDARY SURVEY S27-79) DOC# 202205282 WD (Applicant: Chaves County). 2. Propose Text Amendments to City of Roswell Zoning Ordinance pertaining to Article 52 Building and Performance Standards. G. Other Business H. Public Comments I. 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 23-01. 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. Printed and posted: March 24, 2023 1 1 of 36 TO ATTEND THE PLANNING & ZONING BY GO TO MEETING Tuesday, March 28, 2023 6:00 PM – 7:00 PM (MDT) Please join the meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/518430445 You can also dial in using your phone. United States: +1 (786) 535-3211 Access Code: 518-430-445 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/join/518430445 Help Desk – 575.500.0587 2 2 of 36  P&Z DRAFT REGULAR MEETING MINUTES Roswell Planning & Zoning Commission Tuesday, January 24, 2023 - 6:00 PM Meeting Room A; Roswell Convention and Civic Center 912 North Main Street, Roswell, NM Chair: David Storey; Vice Chair: James MacCornack; Secretary: Jesse McDaniel Members: Saul Aguilar, Jana Lessard, Steve Henderson, Richard L. Gutierrez Kevin L. Maevers, AICP, CZO Merideth Hildreth, AICP Miguel Martinez, CZO 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 Resolution 23-01. A. CALL TO ORDER AND WELCOME – Vice Chair James MacCornack Vice Chair MacCornack called to order the regular meeting of the Planning & Zoning Commission at approximately 6:00 p.m. B. ROLL-CALL David Storey Absent Jesse McDaniel Present Saul Aguilar Present Jana Lessard Present James MacCornack Present Steve Henderson Present Richard L. Gutierrez Present Staff Members Present: Kevin Maevers, AICP, CZO, Community Development Director Merideth Hildreth, AICP, Planning and Zoning Administrator Miguel Martinez, CZO, Associate Planner Louis Najar, P.E., City Engineer Audience Members Present: Cody Fisher with Dreamz Dispensary. C. SWEARING IN: Steve Henderson swore in staff and members of the audience. 1 3 of 36 D. APPROVAL OF THE AGENDA Consider approval of the January 24, 2023 Planning & Zoning Commission meeting agenda. Commissioner Lessard MOTIONED to approve the Tuesday, January 24, 2023 Planning & Zoning Commission agenda as presented. SECONDED by Commissioner McDaniel. A voice vote was as follows: Jesse McDaniel- yes, Saul Aguilar- yes, Jana Lessard- yes, Steve Henderson- yes, Richard Gutierrez- yes, James MacCornack- yes, and the motion passed 6 - 0 with David Storey being absent. E. APPROVAL OF MINUTES: Consider approval of the December 20, 2022 Planning & Zoning Commission meeting minutes. Commissioner Aguilar MOTIONED to approve the minutes of the December 20, 2022 Planning & Zoning Commission meeting as presented. SECONDED by Commissioner McDaniel. A voice vote was as follows: Jesse McDaniel- yes, Saul Aguilar- yes, Jana Lessard- yes, Steve Henderson- yes, Richard Gutierrez- yes, James MacCornack- yes, and the motion passed 6 - 0 with David Storey being absent. F. PUBLIC HEARING ITEMS: 1. CASE 23-001 VAR: Request for approval of a Variance to the authorized and established hours of operation of an adult use retail cannabis establishment (recreational and medical) at 2303 N Main Street, Suites 101 & 102. Subd: KASS PLAZA MIDTOWN ROSWELL SUBDIVISION Lot: 1 Quarter: NW S: 28 T: 10S R: 24E DOC# 202202317 WD (Applicant: Cody Fisher for Dreamz Dispensary). Vice Chair MacCornack introduced Case 23-001 VAR Commissioner McDaniel MOTIONED to waive the reading of the findings of fact and land use and zoning considerations for case 23-001 VAR. SECONDED by Commissioner Lessard. A voice vote was as follows: Jesse McDaniel- yes, Saul Aguilar- yes, Jana Lessard- yes, Steve Henderson- yes, Richard Gutierrez- yes, James MacCornack- yes, and the motion passed 6 - 0 with David Storey being absent. Mr. Kevin Maevers: Presented Case 23-001 VAR, a request by Dreamz Dispensary for a variance to extend the operating hours for an existing adult use recreational and medical cannabis at 2303 N Main Street, Suites 101 & 102 in Kass Plaza. The current hours of operation are Monday thru Saturday 10 AM to 7 PM and Sunday 11 AM to 5 PM as specified in the Conditions of Approval for each retail cannabis establishment. Dreamz Dispensary is requesting Sunday thru Saturday 10 AM to 10 PM hours of operation. Mr. Cody Fisher is here this evening and provided a Letter of Justification located in the Planning & Zoning Commission packet. The Planning & Zoning Commission’s determination will be forwarded to City Council. This is purely 2 4 of 36  a determination of hours of operation and how the decision will impact the surrounding neighborhood. The Commission’s goal is to look at this one location and determine if extension of hours is appropriate for this location. Vice Chair MacCornack: Is there anyone wishing to speak in favor of Case 23-001 VAR? In Favor: Cody Fisher with Dreamz Dispensary. Dreamz Dispensary is in 13 cities and Roswell has the most restrictive hours. The limited mid-day hours is a hardship on people who need these products and work during the day and longer shifts. The dispensary has been opened about three months and has had no issues with crime. Extended hours will allow the dispensary to better serve their clients. Regarding public safety, many studies show that when cannabis access opens up, alcohol and opioid abuse goes down. The dispensary is asking to be treated like any other tax paying business in the city and be open when patients need the dispensary to be open. The cannabis industry questions why there are more restrictions than for alcohol, tobacco, and opioids. Eight Dreamz Dispensaries in New Mexico are open 10 AM to 10 PM and the ninth one closes at 9 PM. Commissioner Discussion: Commissioner Lessard recommended sending this to City Council without a recommendation since City Council set the hours. Vice Chair MacCornack agreed that since City Council set the rule that City Council should decide to enforce it, keep it, or change it. Vice Chair MacCornack: Is there anyone wishing to speak against Case 23-001 VAR? None Motion – 23-001 VAR Based on the land use and zoning considerations, findings of fact, surrounding land uses, regulations established in the Zoning Ordinance and Chapter 27 of the Municipal Code, and testimony received this evening, Commissioner Lessard MOTIONED to recommend forwarding Zoning Case 23-001 VAR to City Council with no recommendation. SECONDED by Commissioner McDaniel. A voice vote was as follows: Jesse McDaniel- yes, Saul Aguilar- yes, Jana Lessard- yes, Steve Henderson- yes, Richard Gutierrez- yes, James MacCornack- yes, and the motion passed 6 - 0 with David Storey being absent. 3 5 of 36 G. OTHER BUSINESS 1. DISCUSSION ON ZONING ORDINANCE TEXT AMENDMENTS Mr. Maevers stated that City Council has requested Staff slow down on submitting text amendments and obtain more input from the public before submitting proposed amendments to the Planning & Zoning Commission, Legal Committee, and City Council. Staff is holding a couple of outreach sessions in January. Staff is currently working on a Fugitive Dust Ordinance, amendments to the Zoning and Development Code, and fee amendments. H. PUBLIC COMMENTS None I. ANNOUNCEMENTS None J. ADJOURN Vice Chair MacCornack adjourned the meeting at 6:26 p.m. 4 6 of 36  AGENDA ITEM F.1 City of Roswell Planning & Zoning Commission Zoning Case 23-002 ZOC City of Roswell Planning & Zoning Commission Agenda Tuesday, March 28, 2023 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street ACTION REQUESTED: Planning and Zoning Commission review and approve a Zone Change from R-3 Residential to INST Institutional Zoning District for 3.875 acres at 1601 S Garden Avenue for a Public Health Office. BACKGROUND: Prepared by: Merideth Hildreth, AICP, Planning & Zoning Administrator per application submitted by applicant. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. REVIEW: The proposed Zone Change requires Planning & Zoning Commission review. BOARD OR COMMITTEE ACTION: Request Planning & Zoning Commission review, discuss, and vote on Zoning Case 23-002 ZOC. STAFF RECOMMENDATION: Based upon the Land Use and Zoning Considerations, Findings of Fact, Staff Recommendation, and materials provided, the Planning & Zoning Commission is requested to review, introduce a motion, and vote to approve Zoning Case 23-002 ZOC at the March 28, 2023 public hearing. 7 of 36  EXHIBIT A 23-002 ZOC: APPLICATION R ROWELL CITY OF ROSWELL CHANGE OF ZONING DISTRICT APPLICATION PO Box 1838 • Roswell, NM 88202-1838 Community development Phone: (575) 637-6280 • ROSWELL-NM.GOV 1. Property Owner’s Name: Chaves County, New Mexico Email: bill.williams@chavescounty.gov Phone: 575-624-6602 Address: #1 st. Mary's Place Roswell, NM 88203 2. Property Owner’s Name: Email: Phone: Address: Agent’s Name: Bill Williams Email: bill.williams@chavescounty.gov Phone: 575-624-6602 Address: #1 st Mary's Place Roswell, NM 88203 Legal Description of Proposed Zone Change Area (Lot/Block/Subdivision, Tract, Section-Township/Range): Fruitland, Block 3, Lot 5, Chaves County 1601 S Garden Avenue Change zoning from R-3 Residential Reason for the Request: (Please attach extra sheet if necessary) to INST Institutional Chaves County desires to build a new Public Health Office and requests the property be given a Garden Street Address Proposed Zone Change Area (1 acre = 43,560 sq. ft.): 168,756 sq. ft. Acres: 3.875 By signing this document, I acknowledge that I have been informed of the dates, times, and locations of the meetings for the Planning and Zoning Commission and City Council and that I and/or my agent shall attend the meetings in order to fulfill the requirements of this application. 2. Property Owner’s Signature Agent's Signature FOR OFFICIAL USE ONLY P & Z Case #: 23-002 ZOC Date: 3/28/2023 Located in Historic District: Yes X No Flood Zone: X Comprehensive Master Plan General Development Plan: X Residential Commercial Industrial Public Park & Open Space RS Overflight Area Density Residential: Low/approx. 5 du/net acre Mid/approx. 9 du/net acre X 15 du/net acre Quadrant of the city: DNW DNE DSW DSE Specifications are listed on the Instructional Sheet. All documentation and fees shall be required at the time this application is submitted, unless otherwise noted by Planning and Zoning staff. Application fees are NON-REFUNDABLE. 8 of 36  EXHIBIT B STAFF SUMMARY FOR CASE: 23-002 ZOC REQUEST FOR ZONE CHANGE FROM R-3 TO INST Roswell Planning & Zoning Commission Tuesday, March 28, 2023 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 23-002 ZOC: Request for approval of a Zone Change from R-3 Residential to INST Institutional Zoning District for 3.875 acres at 1601 S Garden Avenue for a Public Health Office. 1. Property Under Consideration: Property Address: 1601 S Garden Avenue Legal Description: Subd: FRUITLAND Block: 3 Lot: 5 LESS W 150' S 200' (BOUNDARY SURVEY S27-79) DOC# 202205282 WD Property Owner: Chaves County, New Mexico Applicant: Bill Williams, County Manager of Chaves County II. Site Data: Site Area: 3.875 acres UPC(s): 4-136-063-286-228-000000 Existing Land Use: Vacant Proposed Land Use: Public Health Office Existing Zoning: Residential R-3 Table 1: Adjacent Existing Land Use and Zoning to the property under consideration Direction: Land Use: Zoning: North Residential Development R-3 South Pecos Elementary School & Corner Vacant Lot INST & R-3 West Residential Development & Corner Vacant Lot R-2 & R-3 East Residential – 1 house and vacant lots R-3 9 of 36 PAGE 1 of 5  EXHIBIT B STAFF SUMMARY FOR CASE: 23-002 ZOC REQUEST FOR ZONE CHANGE FROM R-3 TO INST Maps for 23-002 ZOC Chaves County Assessor’s Map City of Roswell Zoning Map 10 of 36 PAGE 2 of 5  EXHIBIT B STAFF SUMMARY FOR CASE: 23-002 ZOC REQUEST FOR ZONE CHANGE FROM R-3 TO INST III. Intent of Petition: The applicant for Zoning Case 23-002 ZOC is requesting approval of a Zone Change from R-3 Residential to INST Institutional for the 3.875-acre property at 1601 S Garden Avenue for the construction of a new Public Health Office for Chaves County. IV. Planning & Zoning Commission Considerations from Staff Review: 1. The property under consideration is located on the north side of E Hobbs across from Pecos Elementary School. 2. Garden Avenue and Hobbs Street are both classified as Major Collectors. Buena Vista is classified as a Local Street. 3. According to the Preliminary Site/Grading Plan, the access drives will be on S Garden Avenue and E Buena Vista Street. Access from Hobbs is not planned at this time. 4. The proposed Zone Change is compatible with the surrounding residential development and the Elementary School that is zoned INST. 5. A state of the art Public Health Office will benefit the community. 6. The Community Development Department Staff and the City Engineer support this Zone Change request. Staff Photo: Looking north from Pecos Elementary School at property under consideration on north side of E Hobbs Street. 11 of 36 PAGE 3 of 5  EXHIBIT B STAFF SUMMARY FOR CASE: 23-002 ZOC REQUEST FOR ZONE CHANGE FROM R-3 TO INST Staff Photo: Looking south from E Buena Vista Street at property under consideration and Garden Avenue to the west (right). Excerpt from Preliminary Site/Grading Plan. 12 of 36 PAGE 4 of 5  EXHIBIT B STAFF SUMMARY FOR CASE: 23-002 ZOC REQUEST FOR ZONE CHANGE FROM R-3 TO INST 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. Notifications of the public hearing were mailed via certified mail with return receipt requested to property owners of record, as shown by the Chaves County Assessor Map, with lots or land within one-hundred (100) feet of the area under consideration, excluding public right-of-ways. 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, zero (0) verbal protests, and zero (0) inquiries. 5. City of Roswell Zoning Ordinance Article 3: Procedures, Amendments, and Changes Section 9 contains the provisions for Zone Changes. VI. Staff Recommendation: Based on the land use and zoning considerations, findings of fact, surrounding land uses and the regulations established in the Zoning Ordinance and Subdivision Code, Staff recommends: Approval of Zoning Case 23-002 ZOC to grant a Zone Change from R-3 Residential to INST Institutional for the property addressed as 1601 S Garden Avenue for a Public Health Office. VII. Action by the Planning & Zoning Commission: Unless evidence to the contrary is introduced in the public hearing, based on the Land Use and Zoning Considerations, Findings of Fact, Staff Recommendations and materials provided, it is recommended that the Planning and Zoning Commission introduce a motion, and vote to approve Zoning Case 23-002 ZOC. 13 of 36 PAGE 5 of 5  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS OF ZONING CASE 23-002 ZOC LETTER SENT VIA CERTIFIED MAIL ON March 10, 2023 TO SURROUNDING PROPERTY OWNERS CITY OF ROSWELL COMMUNITY DEVELOPMENT DEPARTMENT Planning & Zoning Office 415 N Richardson Avenue, Roswell, NM 88201 Telephone: (575) 637.6294 RE: PUBLIC HEARING NOTICE for ZONING CASE 23-002 ZOC Dear Property Owner: 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 23-002 ZOC. This notice informs you of an upcoming public hearing before the City of Roswell Planning and Zoning Commission regarding a Zoning Case for the following property. DESCRIPTION OF ZONING APPLICATION REQUEST: CASE 23-002 ZOC Request for change of zoning district from R-3 Residential to INST Institutional to build a new Public Health Office PROPERTY OWNER: Chaves County APPLICANT Chaves County PROPERTY LOCATION: 1601 S Garden Avenue LEGAL DESCRIPTION: Subd: FRUITLAND Block: 3 Lot: 5 LESS W 150' S 200' (BOUNDARY SURVEY S27-79) DOC# 202205282 WD The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning cases on Date: TUESDAY, MARCH 28, 2023 at 6:00 p.m. in Meeting Room A of 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, in person, or online at the hearing. To be considered, written protests must be submitted to and received by the Planning and Zoning Office no later than noon on the working day prior to the Planning and Zoning Commission meeting. Written comments may be delivered to the Planning & Zoning Office at 415 North Richardson Avenue, or sent to: City of Roswell, Planning & 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 these zoning cases will be available no later than 5:00 p.m., on Friday, March 24, 2023, and may be viewed at https://www.roswell-nm.gov/489/Planning-Zoning-Commission. You may inspect the information packet in detail by appointment at the Planning & Zoning Office (575.637.6294) located on the first floor of City Hall Annex at 415 North Richardson Avenue. 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: https://library.municode.com/nm/roswell/codes/code_of_ordinances?nodeId=COOR_APXAZO 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, AICP, Planning & Zoning Administrator (Area Map on Reverse Side ) 14 of 36  EXHIBIT D: CASE 23-002 ZOC Request for approval of a Zone Change from R-3 Residential to INST Institutional for new Public Health Office CHAVES COUNTY ASSESSOR’S MAP IDENTIFYING PROPERTY UNDER CONSIDERATION AND PROPERTIES WITHIN ZONING CASE NOTIFICATION AREA 17 18 20 15 16 19 21 13 22 14 23 11 24 12 10 1 25 9 8 7 26 6 5 2 27 4 3 28 PROPERTY UNDER CONSIDERATION – 1601 S Garden Ave NOTIFICATION LETTERS SENT TO PROPERTY OWNERS IN NOTIFICATION AREA 15 of 36  EXHIBIT E: 23-002 ZOC – NOTIFICATION AREA ADDRESSES 1 (VACANT LOT) COUNTY OF CHAVES ATT: BILL WILLIAMS, COUNTY MANAGER #1 ST MARY’S PLACE ROSWELL NM 88203 2 (VACANT LOT) BETHANIE STITES & SUNDAY OYETOLA 1201 E WALNUT ST ROSWELL NM 88203 3 MARIA GALDEANO GONZALEZ 1618 S JACKSON DR ROSWELL NM 88203 4 PRISCILLA CARRILLO 1616 S JACKSON DR ROSWELL NM 88203 5 RAYMOND LUCERO JR & RITA B LUCERO OR CURRENT OWNER 1614 S JACKSON DR ROSWELL NM 88203 RAYMOND LUCERO JR & RITA B LUCERO 2103 E BLAND ST ROSWELL NM 88203-9266 6 LISETTE FONSECA & CARLOS FONSECA 1612 S JACKSON DR ROSWELL NM 88203 7 SAMUEL GARZA & NAOMI GARZA 1613 S JACKSON DR ROSWELL NM 88203 1 16 of 36  EXHIBIT E: 23-002 ZOC – NOTIFICATION AREA ADDRESSES 8 CHRISTINE HERNANDEZ 1611 S JACKSON DR ROSWELL NM 88203 9 VALENZUELA & LORI SCATLIFFE REV TRUST OR CURRENT OWNER 1609 S JACKSON DR ROSWELL NM 88203 VALENZUELA & LORI SCATLIFFE REV TRUST 6701 HIGH PLACE CT NW ALBUQUERQUE NM 87120 10 JOSE ABEL ZAVALA & IRMA ZAVALA OR CURRENT OWNER 1607 S JACKSON DR ROSWELL NM 88203 JOSE ABEL ZAVALA & IRMA ZAVALA 301 E LINDA VISTA BLVD ROSWELL NM 88201 11 MARY TRUJILLA 1605 S JACKSON DR ROSWELL NM 88203 12 (VACANT LOT) ELODIA VALENZUELA ESTATE 129 VEREDA DE VALENCIA SANTA FE, NM 87507 13 DELIA MABI BERNAL C/0 VALENTA BERNAL 610 E BUENA VISTA ST ROSWELL NM 88203 2 17 of 36  EXHIBIT E: 23-002 ZOC – NOTIFICATION AREA ADDRESSES 14 (VACANT LOT) VERONICA VALENZUELA (BETTY) SARA VALENZUELA 129 VEREDA DE VALENCIA SANTA FE, NM 87507 15 JOSE L RAMIERZ JR C/O JAKE RAMIREZ 607 E BUENA VISTA ST ROSWELL NM 88203 JOSE L RAMIERZ JR C/O JAKE RAMIREZ 5 BRIARWOOD PL APT 1712 ROSWELL NM 88201-9568 16 MANUEL G GAMBOA 1519 S GARDEN AVE ROSWELL NM 88203 MANUEL G GAMBOA 1519 S MONROE AVE ROSWELL NM 88203 17 (VACANT LOT – 1517 S GARDEN) SANTOS FRANCO & PRISCILLA FRANCO 1515 S GARDEN AVE ROSWELL NM 88203 18 FRANCESCA WATLEY & CHARLES WATLEY OR CURRENT OWNER 1520 S POPLAR AVE ROSWELL NM 88203 3 18 of 36  EXHIBIT E: 23-002 ZOC – NOTIFICATION AREA ADDRESSES FRANCESCA WATLEY & CHARLES WATLEY 10 BATON ROUGE CT ROSWELL NM 88201 19 (VACANT LOT - 1520 S POPLAR AVE) ALBERTA WOODARD C/O JEANETTA PRINCE 8712 W SPOKANE ST MILWAUKEE WI 53224 20 CHRIS CARRILLO II & OFELIA JOHNSON OR CURRENT OWNER 1517 S POPLAR AVE ROSWELL NM 88203 CHRIS CARRILLO II & OFELIA JOHNSON 1202 CAMINO REAL ROSWELL NM 88203 21 LUPITA GUEVARA & ROBERT J CONTRERAS 1521 S POPLAR AVE ROSWELL NM 88203 22 (VACANT LOT - 1600 BLOCK S POPLAR AVE – DENNY LOT 24) 23 (VACANT LOT - 1600 BLOCK S POPLAR AVE – DENNY LOT 23) DAVID QUINTANA & ANGELICA QUINTANA 714 ELDORA DR ROSWELL NM 88201-6337 24 (VACANT LOT - 1600 BLOCK S POPLAR AVE – DENNY LOT 22) EDUARDO M QUINTANA 1309 PORTALES RD ROSWELL NM 88201-8919 25 (VACANT LOTS - 1600 BLOCK S POPLAR AVE – DENNY LOTS 21 & 20) JESUS LOPEZ & ABIGAIL Q GUTIERREZ 820 E TILDEN ROSWELL NM 88203 4 19 of 36  EXHIBIT E: 23-002 ZOC – NOTIFICATION AREA ADDRESSES 26 (VACANT LOTS - 1600 BLOCK S POPLAR AVE – DENNY LOTS 19, 18, 17, 16) LA KYEEMO Z GRANGER & MISSY GRANGER 1508 JEWEL ST CARLSBAD NM 88220 27 BERTHA SUTHERLAND 701 E HOBBS ST ROSWELL NM 88203 28 ROSWELL ISD ATT: PRINCIPAL 600 E HOBBS ST ROSWELL NM 88203 ROSWELL ISD ATT: SUPERINTENDENT PO BOX 1437 ROSWELL NM 88202-1437 5 20 of 36  AGENDA ITEM F.2 City of Roswell Planning & Zoning Commission Review Zoning Ordinance Proposed Text Amendments Pertaining to ARTICLE 52 BUILDING AND PERFORMANCE STANDARDS City of Roswell Planning & Zoning Commission Agenda Tuesday, March 28, 2023 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street ACTION REQUESTED: Planning and Zoning Commission review proposed Zoning Ordinance Text Amendments pertaining to Building and Performance Standards in Article 52 prepared by Staff. BACKGROUND: Prepared by: Merideth Hildreth, AICP, Planning & Zoning Administrator. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. REVIEW: The proposed Text Amendments require Planning & Zoning Commission review, Legal Committee Review, and City Council review and adoption of ordinance. BOARD OR COMMITTEE ACTION: Request Planning & Zoning Commission review, discuss, and vote on recommendation to City Council regarding proposed Zoning Ordinance Text Amendments pertaining to Building and Performance Standards in Article 52 at the March 28, 2023 public hearing. STAFF RECOMMENDATION: Based upon the Land Use and Zoning Considerations, Staff recommends that the Planning & Zoning Commission review, introduce a motion, and vote to recommend approval of City of Roswell Zoning Ordinance Proposed Text Amendments pertaining to Building and Performance Standards in Article 52 to City Council as written or amended. 21 of 36  DRAFT v1 – Ordinance 23-XX Article 52 Building and Performance Standards 1 ORDINANCE 23-XX 2 3 AN ORDINANCE TO AMEND CERTAIN SECTIONS OF THE ZONING ORDINANCE, 4 APPENDIX A OF THE ROSWELL CITY CODE, RELATED TO 5 BUILDING AND PERFORMANCE STANDARDS 6 7 WHEREAS, the City Council desires to encourage the development, redevelopment, and 8 revitalization of residential districts, the downtown business district, community commercial 9 districts, and light industrial districts; and 10 11 WHEREAS, the City Council may wish to allow provisions to encourage property 12 development within certain zoning districts; and 13 14 WHEREAS, the City Council hereby intends to amend certain sections of the City of 15 Roswell Zoning Ordinance to facilitate the consistent application of development standards. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL AS THE 18 GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that: 19 20 SECTION 1. Article 52 of Appendix A - Zoning of the Roswell City Code is hereby amended to 21 include the following: Building and Performance Standards 22 23 ARTICLE 52: BUILDING AND PERFORMANCE STANDARDS 24 25 Section 1. Purpose 26 The purpose of this article is to establish general building and performance standards to 27 preserve and promote an attractive, well-planned, and stable urban environment. 28 29 Section 2. Access to Public Streets 30 Except in the PUD district and as otherwise provided for in this and other Ordinances, every 31 residential dwelling unit structure constructed or erected after the effective date of this 32 Ordinance shall be located on a lot which has access to or abuts, as a minimum, a local public 33 street. 34 35 Section 3. Buildings Per Lot 36 37 A. In residentially zoned districts, every single-family detached dwelling, mobile home, 38 2 family attached dwelling, or multiple family dwellings used for rental purposes, 39 constructed or erected after the effective date of this Ordinance, shall be located on 40 one duly subdivided and recorded lot and there shall not be more than one principal 41 building on one lot; excepting in the R-3, and R-4 districts with exceptions noted in 42 specific Zoning District Articles. 43 44 B. When 2 or more lots, each of which lacks adequate area and dimension alone to 45 qualify for a permitted use, are contiguous and are held under single ownership, they 46 may be used as one zoning lot for such use following the completion of a boundary Page 1 of 15 22 of 36  DRAFT v1 – Ordinance 23-XX Article 52 Building and Performance Standards 1 survey to combine the parcels into a single parcel. 2 3 Section 4. Accessory Uses 4 5 A. For residential zoned districts, 2 sets of plans containing a site plan and structure 6 design shall be required for all accessory structures. All construction shall comply 7 with the latest City approved and accepted New Mexico Building Code, International 8 Building Code, International Fire Code, National Electrical Code NEC, Uniform 9 Mechanical Code, and Uniform Plumbing Code. Accessory structures uses require 10 a permit and shall also meet the following requirements: 11 1. An accessory building shall be compatible with the principal building that it 12 serves and shall not be constructed prior to the construction of the principal 13 building, except when used for agricultural purposes in the R-S district. 14 2. Location of an accessory structure shall meet the following requirements: 15 a. Shall not be within the front yard setback established and permitted for a lot 16 in that zoning district. 17 b. Shall be a minimum of 5’ from all shared property lines. A shared property 18 line is a side or rear property line abutting a neighboring property with no 19 alley or easement in between. 20 c. Shall be a minimum of 10’ 5’ for structures up to 200 square feet and a 21 minimum of 10’ for structures over 200 square feet or a maximum of 25’ 22 from the street side yard property line for corner lots or at the discretion 23 of Planning & Zoning staff and the City Engineer to ensure clear sight 24 triangle and safe distance from utilities. from the street side yard property 25 line for corner lots. 26 Shall be a minimum of 10’ from the principal building with the exception 27 of carports and pergolas which may be attached or unattached with no 28 specified distance between carport or pergola and principle structure. 29 Distance between all structures shall comply with the International Fire 30 Code IFC and International Building Code IBC. 31 d. Structures 200 square feet or less not requiring a building permit shall 32 require a placement permit to ensure adequate setbacks and other 33 requirements are met. 34 3. Accessory structures shall not occupy more than 40% of the required Rear Yard 35 Ordinance 19-02 75, Amended March 14, 2019 setback area., nor have more 36 floor area than the principal structure it serves, nor exceed the height of the 37 principal building it serves. 38 4. All runoff or drainage from an accessory structure shall remain on the lot that it 39 serves and shall not encroach on an abutting lot or alley. 40 5. Tanks used for storage of fuel used for heating shall be located in the rear yard 41 or side yard and shall not be closer than 10 feet to the principle building or 42 structure that it serves, or any other structure, and 10’ feet from the interior side 43 property line and 30’ from street side yard setback on corner lots. 44 6. In-ground swimming pools and ponds shall require a building permit and 45 shall be a minimum of 40 feet from the front property line, 5 foot from interior 46 and rear property lines, 15 feet from street side property lines, and 10 6’ feet Page 2 of 15 23 of 36  DRAFT v1 – Ordinance 23-XX Article 52 Building and Performance Standards 1 from any other structure on the lot., avoid easements on the lot, comply with 2 NEC, and be properly secured. Construction shall comply with the latest 3 approved International Building Code standards per the City. 4 5 B. For commercial and industrial zoned districts, 3 sets of plans containing a site plan 6 with overhead and underground utilities noted and structure design shall be required 7 for all accessory structures. All construction shall comply with the latest City 8 approved and accepted New Mexico Building Code, International Building Code, 9 International Fire Code, National Electrical Code NEC, Uniform Mechanical Code, 10 and Uniform Plumbing Code. Accessory structures uses require a permit and shall 11 also meet the following requirements: 12 1. An accessory building shall be compatible with the principal building that it 13 serves, shall not occupy any required parking space or area as determine by 14 Planning and Zoning staff, and shall not be constructed prior to the construction 15 of the principal building. 16 2. Location of an accessory structure shall meet the following requirements: 17 a. Shall not be within the front yard setback established and permitted for a lot 18 in that zoning district. 19 b. Shall be a minimum of 5’ from all shared property lines. A shared property 20 line is a side or rear property line abutting a neighboring property with no 21 alley or easement in between. 22 c. Shall be a minimum of 30’ or at a distance at the discretion of Planning & 23 Zoning staff and the City Engineer to ensure clear sight triangle and other 24 considerations from the street side yard property line for corner lots. 25 d. Shall be a minimum of 10’ from the principal building with the exception 26 of carports and pergolas which may be attached or unattached with no 27 specified distance between carport or pergola and principle structure. 28 Distance between all structures shall comply with the International Fire 29 Code IFC and International Building Code IBC. 30 e. Structures 120 square feet or less not requiring a building permit shall 31 require a placement permit to ensure adequate setbacks and other 32 requirements are met. 33 3. Accessory structures shall not occupy more than 40% of the required setback 34 area., nor have more floor area than the principal structure it serves, nor exceed 35 the height of the principal building it serves. 36 4. All runoff or drainage from an accessory structure shall remain on the lot that 37 it serves and shall not encroach on an abutting lot or alley. 38 39 Section 5. Exceptions to Required Yards 40 A required yard space shall remain open and unobstructed, except as follows 41 42 A. Eaves, overhangs, ornamental features, and other common projections normally 43 associated with residential dwellings may project no more than 18 inches into 44 required yard spaces. 45 46 B. Open stairways, balconies, and chimneys may project no more than 5 feet into Page 3 of 15 24 of 36  DRAFT v1 – Ordinance 23-XX Article 52 Building and Performance Standards 1 required front yard, rear yard, or street side yard on a corner lot. 2 3 C. A non-enclosed porch, carport, or patio cover shall not project more than 5 feet into 4 the required front yard setback or street side yard setback. 5 6 D. A non-enclosed porch or attached non-enclosed patio cover shall not project more 7 than 10 feet into the required rear yard spaces. 8 9 E. Carports are required to meet setbacks, have a building permit, and pass 10 inspection; and the front edge of a carport may be located behind the front 11 property line or behind the street side yard property line, and shall be located a 12 minimum of 15’ behind the back of curb, shall not encroach on the sidewalk, 13 parkway, right-of-way, or easement, shall meet the side yard requirements for the 14 zoning district, and have sides open for clear site of sidewalk and right-of-way for 15 vehicular and pedestrian safety. Community Development staff shall have 16 discretion to adjust measurements for safety or clear site triangle concerns. 17 18 E.F. Where a lot is adjacent to a lot with a principal building that projects into the required 19 front yard setback and if both lots are in the same block on the same side of the street, 20 then the required front yard setback of the lot may be that as established by the 21 adjacent principal building setback, and the required side yard setback on a corner lot 22 may be that as established by the existing or adjacent principal building setback 23 providing that clear sight triangles are met. 24 25 Section 6. Exceptions to Height Requirements 26 Except in the C-3 and C-4 districts, the following are exceptions to the height requirements. 27 28 A. Public service buildings, hospitals, institutions, or schools shall not exceed 60 feet in 29 height. 30 31 B. Churches, temples, and their spires shall not exceed 75 feet in height. 32 33 C. In residentially zoned areas, privately-owned, non-commercial radio towers, 34 Antennas, monuments, steeples, chimneys, or other similar structures shall not exceed 35 60 feet in height. 36 37 Section 7. Off-Street Parking and Loading Requirements 38 39 A. Location of Off-Street Parking Spaces. All required off-street parking spaces shall 40 be located within the property lines of the same lot that accommodates the building 41 or use being served, except that where an increase in the number of spaces is required 42 by a change or enlargement of a use, or where such spaces are provided collectively 43 and are to be used jointly or shared by 2 or more uses as provided herein, the required 44 spaces may be located not more than 200 feet from the property line if the lot 45 accommodates the use being served. If such is the case, a written agreement assuring 46 their retention for such purposes, shall be properly drawn and executed by the parties Page 4 of 15 25 of 36  DRAFT v1 – Ordinance 23-XX Article 52 Building and Performance Standards 1 concerned, approved as to form by the City Attorney, and shall be filed' with the 2 application for a building permit. 3 4 B. Shared Off-Street Parking. Up to 50% of the off-street parking spaces provided for 5 other uses may be utilized by those uses seeking additional off-street parking spaces, 6 provided that the 2 uses are not normally open, used, or operated during the same 7 hours. The parking spaces must be within the distance requirement set forth herein. 8 9 C. Rules for Computing the Number of Off-Street Parking Spaces. The number of 10 required off-street parking spaces to be provided for each use shall be determined as 11 set forth herein. 12 1. The parking space requirement for a use not specifically mentioned herein shall 13 be the same as required for a use of a similar nature, as determined by the Planning 14 and Zoning Staff. 15 2. Except as otherwise indicated, the number of parking spaces shall be determined 16 by the net floor area, which for the purpose of this section, shall mean that floor 17 area of the building accessible to or devoted to use by the customer or patron. Net 18 floor area shall not include those areas used for storage, cooking, stairwells, etc. 19 3. Where fractional spaces result, the parking spaces required shall be constructed 20 to be the nearest whole number. 21 4. Whenever a building or use is changed or enlarged in floor area, number of 22 employees, number of dwelling units, seating capacity, or otherwise, to create a 23 need for an increase of 10% or more in the number of existing parking spaces, 24 such spaces shall be provided on the basis of the change or enlargement. 25 26 D. Accessible parking standards. No building permit shall be issued for the 27 construction or substantial renovation of a commercial building inviting public access 28 unless the parking lot has designated accessible parking spaces for persons with 29 significant mobility limitation. The following requirements are minimum standards, 30 additional requirements and standards may be found in the latest City accepted New 31 Mexico building code: 32 1. Designated accessible parking spaces shall be located so as to provide the most 33 convenient access to entranceways; 34 2. A minimum of one van accessible parking space shall be designed to 35 accommodate a motor vehicle passenger van and there shall be a minimum of one 36 such space for every 8 designated accessible parking spaces. a “van accessible” 37 sign shall be posted. the required loading and unloading area shall be clearly 38 marked by diagonal, blue pavement striping with the language “no parking” 39 painted in white; 40 3. Accessible spaces shall be identified by a sign centered at the head of each parking 41 space with the international symbol for accessibility; and shall be clearly marked 42 with a depiction of the symbol painted in blue on the pavement surface. Striping 43 and unloading areas shall also be painted in blue and white. All posted signs shall 44 have designated language “violators are subject to a fine and/or towing.” 45 46 E. The minimum number of designated accessible parking spaces shall be as follows: Page 5 of 15 26 of 36  DRAFT v1 – Ordinance 23-XX Article 52 Building and Performance Standards 1 Total Parking Spaces Required Minimum Accessible Spaces 1 to 25 1 26 to 35 2 36 to 50 3 51 to 100 4 101 to 300 8 301 to 500 12 501 to 800 16 801 to 1,000 20 More than 1,000 20, plus 1 per 100 over 1,000 2 F. Minimum Standards for the number of Off-Street Parking Spaces. For all 3 zoning districts, except C-3 or C-4, the minimum number of off-street parking 4 spaces required shall be as follows: 5 1. Amusement parks: 1 per 3 persons in designed capacity, plus 2 per every 3 6 employees during peak hours. 7 2. Athletic clubs /Gyms: 3 plus, 1 per 250 square feet of net floor area. 8 3. Bowling alley: 3 plus, 2 spaces per lane, plus additional spaces as required for 9 ancillary uses. 10 4. Business, professional, medical, or public office building: 1 per 200 square 11 feet of net floor area. 12 5. Community center, library, museum, private club, or lodge: 1 per 200 13 square feet of net floor area. 14 6. Convention, Banquet halls, Auditoriums, Exhibition Centers: 1 per 200 15 square feet of net floor area. 16 7. Child care facilities: 3 plus, 1 per 3 children, during peak hours. 17 8. Bank/credit unions/Financial Services: 1 per 250 square feet of net floor area. 18 9. Furniture/household equipment or appliance store: 1 per 300 square feet 19 of net floor area. 20 10. Hospital: 1 per 2 beds plus 1 for every 2 employee during peak shift. 21 11. Hotel, motel: 3 plus, 1 per room plus additional spaces as required for 22 ancillary uses. 23 12. Industrial or manufacturing establishment: 3 plus1 per employee during 24 peak shift plus 1 for each company vehicle used for business purposes. 25 13. Motor vehicle or machinery sales: 3 plus, 1 per 300 square feet of net 26 floor area. 27 14. Outside sales areas: where items are displayed for sale and are accessible 28 to patron, the display area shall be paved as specified for a parking lot. 29 15. Religious Assembly: 1 per 3 seats in designed capacity. 30 16. Residential dwelling: 2 per dwelling unit. 31 17. Restaurants, night club, café, or similar activity: 1 per 200 square feet of net 32 floor area. 33 18. Retail sales: 1 for every 200 square feet of net floor area. 34 19. Retirement/convalescent, sanitarium, or group care facility: 1 per 2 beds 35 plus 1 per each employee, during peak hours. 36 20. Theater, stadium, or auditorium: 1 per 4 seats, plus 2 per every 3 Page 6 of 15 27 of 36  DRAFT v1 – Ordinance 23-XX Article 52 Building and Performance Standards 1 employees during peak hours. 2 21. Shopping center: 1 per 300 square feet of net floor area, including mall areas. 3 22. Schools: Elementary and Junior High = 3.5 per classroom; high schools, trade 4 schools, colleges and universities = 1 for every 2 students enrolled. 5 23. Warehouses/storage establishment or motor freight terminal: 3 plus 1 per 6 employee during peak shift plus 1 per each company vehicle used for business 7 purposes. 8 9 G. Minimum Standards for parking lots. Parking lots shall be designed to City 10 standards for efficient access, traffic flow, and drive lanes and shall be approved by 11 the City Engineer. 12 13 H. Loading Zones. For all zoning districts where loading and unloading is needed, 14 except the C-3 and C-4 districts, a designated off-street Loading Zone shall be 15 provided so as not to obstruct parking, pedestrian or vehicular traffic flows on-site or 16 to adjacent properties, streets, and alleys. 17 18 I. Construction and maintenance of Off-street Parking and Loading Zones: 19 20 1. Construction: All parking and loading zones shall be constructed with either 4 21 inches of base course and 2 inches of asphalt, or a minimum of 6 inches of 22 concrete. 23 A. Each parking space shall be a minimum of 9’ x 18’ with circulation drives of 24 adequate width to make each stall accessible. 25 B. Each Loading Zone shall be a minimum of 12’ x 35’ with a minimum height 26 clearance of 15 feet and it shall not reduce the number of required parking 27 spaces. 28 C. All spaces shall be appropriately striped, including all handicapped access 29 spaces. 30 2. Maintenance: All previously paved parking and loading areas shall be 31 maintained at all times to be functional and free from trip hazards. Paved areas 32 shall: 33 A. Have no potholes, major cracking, or other types of hazards, and 34 B. Be properly striped; and, 35 C. Properties where funding to perform the upgrades may not be available, may 36 prepare a parking plan and timeline for completion which will be submitted 37 to the City for the City’s review and approval. 38 39 Section 8. Fences, Walls, and Other Obstructions 40 Except as set forth elsewhere in this Ordinance and in other Ordinances, rear yard fences and 41 walls shall not exceed 8 feet in height. Front yard fences on individual lots in C-1, C-3, C-4, 42 and R-1 through R-4 zoning districts shall not exceed 4 feet in height with the exception of 43 ornamental or design elements that meet with staff approval, and chain link fences must 44 remain see through above 3 feet and shall not exceed (5) feet in height in residential 45 districts and six (6) feet in C-3 and C-4 districts. Front yard fences and walls in R- S, R- 46 VL and R-L, and around subdivisions and gated communities are allowed to exceed four (4) Page 7 of 15 28 of 36  DRAFT v1 – Ordinance 23-XX Article 52 Building and Performance Standards 1 feet in height under approval by Staff through the development review process. Front yard 2 fences and gates in C-2, I-1, and I-2 may exceed four (4) feet in height and be no higher than 3 six (6) feet in height unless approved by Staff through the development review process for 4 security purposes and designed to meet clear site triangle safety standards. Fences or walls 5 over 7 feet in height require a Building Permit from the Building Inspection Department. A 6 placement permit shall be required for all new fences and walls. Fence and wall permits shall 7 be reviewed by Staff. Code Enforcement Officials have the authority to condemn and cause to 8 have demolished fences and walls that are unsafe and pose a potential health or safety hazard. 9 All fences and walls must be of uniform construction from standard fence or wall materials, 10 and must be properly maintained. Upon Staff discretion, fences and walls constructed of non- 11 uniform building materials may be subject to review by the Planning & Zoning Commission 12 through the Variance process. 13 14 A. Fences shall not consist of barbed wire, except if the fence is constructed with 15 conventional materials, then no more than 3 strands of barbed wire may be placed at 16 the top of the fence for security purposes. Such exception is only allowed in the 17 commercial/industrial districts, publicly owned properties, and related buildings, 18 utility and service facilities. 19 20 B. Fences may not be located within the public right-of-way of streets and/or alley-ways. 21 22 C. Fences located within any sight-triangle of any ingress or egress of a lot or public 23 right-of- way may not exceed 3 feet in height from natural ground. 24 25 D. High voltage electric fences are prohibited within city limits, but do not include 26 animal restrain electric fences. 27 28 Section 9. Outside Storage 29 All outside storage of materials, not on display for direct sale or rental 30 to the consumer, shall be enclosed and effectively screened from 31 adjacent streets and properties by placing a solid fence or wall, made 32 of brick, masonry, stone, or wood at the property line not less than 6 33 feet in height or the height of the materials being screened, whichever 34 is greater. 35 36 Section 10. Lighting 37 A. All lighting, glare, and/or general illumination shall not be 38 cast upon any other properties from which the lighting, glare, 39 and/or general illumination originates. 40 B. No lighting, glare, and/or general illumination which flashes, 41 revolves, or otherwise resembles a traffic control signal or in 42 any way creates a hazard for passing traffic shall be 43 permitted. 44 C. All exterior lighting shall conform to the New Mexico Night 45 Skies Sky Protection Act. 46 D. All signage and street graphics may be backlit or down-lit, Figure (52-10-1): Page 8 of 15 29 of 36  DRAFT v1 – Ordinance 23-XX Article 52 Building and Performance Standards 1 but shall not be up-lit. 2 E. LED lighting: Specific criteria for LED lighting shall be as follows 3 4 1. All light poles shall not exceed twenty-five (25) feet in height with the exception 5 of street lighting in public rights-of-way (ROW) as approved by the City 6 Engineer. 7 2. Lighting shall not exceed 4,000K CCT (Correlated Color Temperature). 8 3. Light units shall be adjusted to ninety (90) degrees from the light pole and 9 oriented perpendicularly to the ground. 10 4. Light units, including freestanding, wallpacks and all other fixtures, shall be 11 full cut-off shielded or hooded to prevent light spilling onto or in the direction 12 of residential areas or adjacent and surrounding properties. 13 14 Section 11. Landscaping 15 To promote and preserve an aesthetically pleasing setting, reduce water erosion and runoff and 16 improve the overall quality of the environment, the owners of all buildings and parking lots 17 hereinafter erected or constructed in the R-3 through I-2 zoning districts, except C-3 and C-4, 18 shall provide and maintain landscaping in the amount and locations as set forth herein. 19 20 A. Definition. Landscaping shall mean trees with a combination of either shrubs or 21 ground cover. Trees are mandatory for landscaping to count towards the total 22 required landscaping. 23 1. Deciduous or evergreen trees shall be placed throughout the required landscaped 24 area, spaced no more than 40 feet on-center. Trees shall have a minimum 2 inch 25 caliper trunk at the time of planting, which is measured 4 inches above the soil 26 line in the container or 4 inches above the soil line on a balled-and-bur lapped 27 tree. Trees planted in turf shall have a 3 inch deep by 4 foot radius mulch ring. 28 The material shall be an organic type of bark mulch. The bark shall not be placed 29 within 3 inches of the base of the trunk to inhibit pathogens from entering the tree. 30 2. Shrubs shall be a minimum of 2 feet in height at the time of planting and shall be 31 no more than 6 feet apart at the time of planting. Trees and shrubs shall be planted 32 in accordance with ANSI A300 Part 6 (Transplanting) American National 33 Standard Institute, which is available through the City Park’s Superintendent 34 and/or Urban Forrester. 35 3. Where trees are planted in parking lot islands, the islands shall be a minimum of 36 6 feet wide by 6 feet long. The soil contained in the islands shall be of quality 37 topsoil with a minimum of 20% organic material. Engineered fill is not 38 acceptable. 39 4. Grass and/or low-lying green plants shall be planted to provide at least 75% 40 coverage of the ground area at maturity. 41 5. Mulch, bark, asphalt, concrete, gravel, or other decorative or non-decorative 42 aggregate are not permitted as ground cover for the required landscaping 43 purposes. 44 6. Materials. All planting materials shall be selected for drought tolerance, water 45 conservation, and adaptability to the climate in the Roswell area. 46 Page 9 of 15 30 of 36  DRAFT v1 – Ordinance 23-XX Article 52 Building and Performance Standards 1 B. Location and area requirements. 2 1. To determine the required area to be landscaped, take the area (square footage) to 3 be developed and subtract the square footage of structure(s) and required parking 4 area; this shall be called the remaining area (square footage). Multiply the 5 remaining area by 12% to calculate the required landscape area. Exception: in the 6 C-4 Districts use 8% to calculate the required area. 7 2. The required landscaped areas shall be clearly visible from bordering streets but 8 not within the sight triangle for public safety. Up to 1/2 of the total required 9 landscaping and its required irrigation may be located within the public right-of- 10 way with prior written approval from the City Engineer and/or the New Mexico 11 Department of Transportation (NMDOT), whichever has jurisdiction over said 12 right- of-way. This area may be limited for reasons of safety, practicality, and/or 13 accessibility. Landscaping located in the sight triangle at intersections shall be in 14 accordance with City Codes. 15 3. Landscaping for phased developments may be determined based on the square 16 footage of the area to be developed per each phase. 17 4. Landscaped areas shall not be used for temporary or permanent retail sales, 18 product or vehicular displays, signage, or any kind of storage. 19 20 C. Landscape screen fence. This section only includes screen fencing made from 21 living plants. 22 1. A screen fence shall have the opacity of a solid fence to a height of at least 6 feet 23 at the time of maturity. In no instance shall plants that cannot survive in this close 24 proximity to other plants be permitted in the screen fence. 25 2. A screen fence shall be irrigated and maintained continuously. 26 3. A screen fence shall not extend onto sidewalks, drive lanes, or public rights-of- 27 ways. 28 4. A screen fence can account for up to 2% of the total 12% required landscaping. 29 5. A screen fence shall not be changed, modified, reduced, or deleted at any time 30 without approval of the Planning and Zoning Staff. 31 32 D. Other location criteria. Up to half of the required landscaped area and its required 33 irrigation may be located within the public rights-of-way with approval from the City 34 Engineer or the NMDOT to ensure that safety, practicality and accessibility are not 35 hindered. 36 37 E. Landscape plan review. A landscape plan shall include the type and location of all 38 living plants and irrigation system components. This plan shall be submitted in 39 conjunction with the site plan during the building permit application and shall be 40 reviewed and approved by Planning and Zoning Staff in accordance with this 41 Ordinance. Changes to the landscaping during construction will require approval 42 prior to planting. 43 44 F. Installation. In order to receive a Certificate of Occupancy the irrigation system and 45 all landscaping must be in place in accordance with the approved Landscape Plan. 46 Only one Temporary Certificate of Occupancy (maximum of 60 days) may be granted Page 10 of 15 31 of 36  DRAFT v1 – Ordinance 23-XX Article 52 Building and Performance Standards 1 to complete the landscaping. 2 3 G. Maintenance. It is the property owner's responsibility to maintain all landscaped 4 areas, including public rights-of-way and sight triangles in a healthy, neat, trimmed, 5 clean, and weed-free condition, whether or not negligence or damage to the 6 landscaping was the cause of the owner. Dead plant material shall be replaced with 7 new plant material in accordance with this article within 60 days of receiving written 8 notice from City Staff. 9 10 H. Approved landscaping shall not be changed, modified, reduced, or removed at any 11 time without approval of the Planning and Zoning Staff. When landscaping is 12 removed for construction or any other reason, it shall be replanted within 180 days 13 after being removed. 14 15 I. Landscaped areas shall not be used for retail sales, temporary signs or any kind of 16 temporary or permanent storage. Landscaped areas shall not be used for any type of 17 vehicular parking. This includes, but is not limited to, the parking of carts, ATVs, 18 motorcycles, cars, trucks, utility vehicles, recreational vehicles, trailers, boats, and 19 airplanes. 20 21 Section 12. Site Specific Drainage Control Requirements 22 23 A. For a residential-commercial, commercial, or industrial development, as required by 24 the City Engineer or the NMDOT, the developer shall provide a drainage site plan 25 which shows the site elevations for the existing and developed conditions and how 26 the storm water shall be detained on the property. This sheet may also require the 27 calculations and design for the detention structure as designed by a professional 28 engineer registered in New Mexico. 29 30 B. The amount of storm water that shall be detained and the rate at which it can be 31 released shall be in accordance with the standards and procedures as required by the 32 City Engineer or the NMDOT, and as adopted and required by the City in this and 33 other Ordinances. 34 35 Section 13. Site Specific Traffic Analysis Requirements 36 For a residential-commercial, commercial, or industrial development, as required by the City 37 Engineer or the NMDOT, the developer shall provide a traffic impact analysis for 38 developments which require in excess of 12 parking spaces. If required by the City Engineer, 39 the traffic impact analysis shall be prepared by a professional engineer registered in New 40 Mexico. 41 42 Section 14. Dumpsters and Grease Bins 43 44 A. All sanitation dumpsters and grease bins in all commercial districts shall be 45 constructed as shown below. 46 Page 11 of 15 32 of 36  DRAFT v1 – Ordinance 23-XX Article 52 Building and Performance Standards 1 B. All sanitation dumpsters shall be enclosed on three sides with walls no less than six 2 feet (6’) in height constructed with consistent masonry building materials used on the 3 main commercial property. 4 1. Enclosure openings shall abut the rear property line (at a right angle OR at a 15 5 degree angle facing N/S/E/W according to the Sanitation Department’s route plan 6 for service) and be located away from high-traffic public areas, such as eating 7 tables. 8 2. Enclosures shall have metal-framed doors to fully enclose sanitation dumpsters 9 installed. 10 3. Sanitation dumpster enclosures shall have dimensions of a minimum of 7’ by 9’ 11 per dumpster to include space for pipe bollards and associated railing. 12 4. Dumpsters shall include a pedestrian access isle with a minimum width of three 13 feet (3’). 14 5. Pipe bollards and connected railing shall be installed within the enclosure to 15 prevent damage to the enclosure from routine sanitation pick-up services. 16 a. Three pipe bollards shall be located inside each separate enclosure between 17 the sanitation dumpster or grease bin and the rear wall located at either corner 18 and in the center. 19 b. Pipe bollards shall be placed on either side of the sanitation dumpster location 20 at the opening of the enclosure. Therefore, an enclosure with one sanitation 21 dumpster will necessitate five bollards whereas an enclosure with two 22 sanitation dumpsters will necessitate eight bollards. (Please reference Figures 23 52.14.1 thru 3 below.) 24 c. All bollards shall be a minimum of 3” in diameter and 32” in height and 25 constructed of metal. 26 d. All bollards shall be connected by 2” diameter metal railing which shall be 27 welded to the bollards. 28 29 C. Grease bins shall be located in a separate enclosure from the sanitation dumpsters 30 with separate access and conform to the same requirements for the enclosure as listed 31 above for sanitation dumpsters except for the following requirements: 32 1. The grease bin enclosure may be attached to the sanitation dumpster enclosure, 33 but shall be separated by a wall of the same material used for the sanitation 34 dumpster. 35 2. Grease bin enclosures shall be no less than six feet (6’) in height and allow for 36 dimensions to accommodate the size of the grease bin and required bollards with 37 connective railing. 38 3. Grease bin enclosures shall have floor drains installed which drain into an 39 approved grease receptor as listed in City Code and approved by Staff. 40 41 D. The City Engineer shall have final approval of all dumpster and grease bin locations 42 and layouts. Page 12 of 15 33 of 36  DRAFT v1 – Ordinance 23-XX Article 52 Building and Performance Standards 1 2 Figure 52.14.1, Top View 3 Figure 52.14.2, Dumpster Front Detail 4 Figure 52.14.3, Bollard Detail Page 13 of 15 34 of 36  DRAFT v1 – Ordinance 23-XX Article 52 1 Section 18. Airport Hazards and Obstructions) 2 3 A. Airport Hazards Generally: 4 5 1. Airport hazards not in public interest. It is hereby found and declared that an 6 airport hazard endangers the lives and property of users of the airport and of 7 occupants of land in its vicinity, and also, if of the obstruction type, in effect 8 reduces the size of the area available for the landing, taking-off and maneuvering 9 of aircraft, thus tending to destroy or impair the utility of the airport and the public 10 investment therein, and is therefore not in the interest of the public health, public 11 safety or general welfare. 12 13 2. Airport hazards include not only physical obstructions, but also include light 14 features that may pose a hazard to aircraft by potentially blinding aircraft 15 operators, including, but not limited to, searchlights, lasers, or ground-mounted 16 lighting that may mimic landing areas. In addition, hazards may include any non- 17 official activities that generates any types of non-physical hazards that may 18 interfere with the operations of aircraft. 19 20 B. Preparation of airport approach plans. The governing body is hereby empowered to 21 formulate and adopt, and from time to time as may be necessary, revise an airport 22 approach plan for any publicly-owned airport within its corporate or political limits. 23 Each such plan shall indicate the hazards, the area within which measures for the 24 protection of the airport's aerial approaches should be taken, and what the height 25 limits and other objectives of such measure should be. In adopting or revising any 26 such plan, the governing body shall consider, among other things, the character of the 27 flying operations expected to be conducted at the airport, the nature of the terrain, the 28 height of existing structures and trees above the level of the airport, and the possibility 29 of lowering or removing existing obstructions, and the governing body may obtain 30 and consider the views of the agency of the federal government charged with the 31 fostering of civil aeronautics as to the aerial approaches necessary to safe flying 32 operations at the airport. 33 34 C. Removal of airport obstructions. The governing body hereby is authorized and 35 empowered whenever, in its judgment, any structure or object located adjacent to the 36 airport or landing field constitutes a hazard to the efficient and safe use of the airport, 37 or whenever notified of the existence of any such hazard, to require the removal and 38 elimination or relocation of such structure or such object, and to acquire all necessary 39 lands or rights-of-way and easements over lands incidental to such removal, 40 elimination or relocation of any such structure or object upon payment to the owner 41 of any land that may be affected by such relocation and the damages occasioned by 42 such removal, elimination or relocation. 43 44 45 ARTICLE 53: RESERVED 46 Page 14 of 15 35 of 36  DRAFT v1 – Ordinance 23-XX Article 52 1 SECTION 2. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby 2 repealed to the extent of such inconsistency. This repealer shall not be construed to revive any 3 ordinance or part of any ordinance heretofore repealed. 4 5 SECTION 3. If any section, paragraph, clause or provisions of this ordinance for any reason shall 6 be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, 7 clause or provision shall not affect any other part of this ordinance. 8 9 SECTION 4. This ordinance shall be effective after five (5) days following its publication as 10 required by law. 11 12 PASSED, ADOPTED, SIGNED and APPROVED ___ , . 13 14 CITY SEAL 15 16 17 _____________________________ 18 Timothy Z. Jennings, Mayor 19 ATTEST 20 21 22 ______________________________ 23 Amalia Martinez, City Clerk 24 Page 15 of 15 36 of 36