Planning & Zoning Commission

PLANNING & ZONING COMMISSION Minutes to the May 28, 2013 Meeting Members Present: Mr. Ralph Brown-------------------------------------------------------------Chair Mr. Toby Gross-----------------------------------------------------------Member Mr. Chris Cortez----------------------------------------------------------Member Mr. Bruce Gwartney-----------------------------------------------------Member Mr. Riley Armstrong------------------------------------------------------Member Mrs. Shirley Childress---------------------------------------------------Member Mr. Eddie Carrillo---------------------------------------------------------Member Members Absent: None Council Present: Jason Perry Staff Present: Mr. Louis Najar-----------------------------------------------------City Engineer Jared Kallunki-------------------------------------------------------City Attorney Mr. Louis Jaramillo--------------------------------------Zoning Administrator Ms. Amber Copeland--------------------------------------Zoning Technician Others Present: None CALL TO ORDER Chair Brown called the meeting to order and asked those who wished to speak to sign in. ELECTIONS FOR CHAIR, VICE CHAIR, AND SECRETARY Mr. Carrillo nominated Ralph Brown for the position of Chair. Mr. Gross made the second. The motion passed by a vote of seven to zero. Mr. Carrillo nominated Shirley Childress for the position of Vice Chair. Mr. Gross made the second. The motion passed by a vote of seven to zero. Mr. Gross nominated Eddie Carrillo for the position of Secretary. Mr. Brown made the second. The motion passed by a vote of seven to zero. MINUTES Chair Brown called for approval of the minutes of the March 26, 2013 minutes. Mr. Armstrong made a motion to approve the minutes as presented. Mrs. Childress made the second. The motion passed by a vote of seven to zero. SWEARING IN Chair Brown swore in the audience and Staff. INFORMATION ITEMS None. Mrs. Childress recused herself from the following case. Mr. Gwartney made a motion to waive the reading of the ‘Land Use and Zoning Considerations’ and ‘Finding of Facts’ for the following case. Mr. Gross made the second. The motion passed by a vote of six to zero. CASE 13-009: An Amendment to a Special Use Permit from a Professional Office to a Beauty Shop, Unit C of Oak Plaza Condominium Summary Plat, known as 200 W. Wilshire Blvd. Suite C., Sarah T. and Gary P. Shubert/Owners. Sarah Shubert spoke in favor of the request. She stated she wished to operate a beauty salon with room for herself and one other operator. Mr. Armstrong asked Staff how this request is different from a similar request made last year. Mr. Jaramillo stated the previous request had been to rezone the property to a Commercial District because beauty salons were not allowed in the R-4 District. He stated changes had been made to the Zoning Ordinance to allow beauty salons as a Special Use in the R-4 District with restrictions determined by the Commission. He stated occupancy is typically determined by the Roswell Fire Department and the Building Inspector. Mr. Jaramillo stated a previous complaint had been that La Casa Family Health Center had a large volume of clients but that business seemed to have slowed down so that the parking was no longer an issue. Mr. Armstrong asked if protests had been received. Mr. Jaramillo stated they had not. Mr. Jaramillo stated Unit C is 611 square feet and would have room for approximately two stylists. He stated parking would be shared between the Shuberts and the other tenants of the complex. He stated two employee parking spaces per unit were provided behind the building. He stated Staff is in support of the request. MOTION Mr. Armstrong made a motion to approve Case 13-009 based on Findings of Facts with special attention to Finding of Fact #7. Mr. Gross made the second. There was no further discussion. The motion passed by a vote of six to zero. Mrs. Childress made a motion to waive the reading of the ‘Land Use and Zoning Considerations’ and ‘Finding of Facts’ for the following case. Mr. Gwartney made the second. The motion passed by a vote of seven to zero. CASE 13-010: A Conditional Use Permit for a Travel Trailer, Lot 22, Block 20 of Pecos Valley Village, known as 45 E. Wells St., Crystal Sifuentes/Owner. Samuel Sifuentes spoke in favor of the request. He stated he needed a Conditional Use Permit to keep his 5th wheel in his driveway because he has no access to his backyard or anywhere to store it. Mr. Armstrong asked if the signatures included in the packet were from neighbors in support of the request. Mr. Sifuentes stated they were. Mr. Armstrong asked how long the 5th wheel had been parked in that spot. Mr. Sifuentes stated it had been stored at a neighbor's home but that he had been concerned it would be damaged by neighborhood children throwing rocks at it so it he placed it in his driveway. Mr. Jaramillo stated the application would only apply to Crystal Sifuentes and that her husband Samuel would have to be added. He stated the 5th wheel is not within the sight triangle. He stated the Engineering Department had taken additional photos which had not been included in the packet. He stated the trailer abuts the front property line and that a utility pole prevents it from being moved further to the side. Mr. Jaramillo stated Pecos Valley Village at the Roswell International Air Center (RIAC) is one of the most difficult subdivisions for Staff to address due to its lack of alleys and oddly shaped lots. He stated it was given to the City after the utilities were placed and the lots were platted. He stated Finding of Fact #4 stated the 5th wheel occupies the two required parking spaces for a home and asked that Mr. and Mrs. Sifuentes build two additional parking spaces if their request is approved. He stated the permit could be issued for a period of one year and then brought before the Commission for review. Chair Brown asked if it is a requirement for any residential home to have two off-street parking spaces and Mr. Jaramillo stated it is. Mr. Armstrong asked if the applicants were aware of and approved of the conditions. Mr. Jaramillo stated they were. Mr. Gross asked if the 5th wheel is supposed to be stored with the slide out left open. Mr. Sifuentes stated he had been told they should be stored that way. Mr. Gross stated the slide out takes up room that the Roswell Fire Department may need for access. Mr. Sifuentes stated he would close the slide out. MOTION Mr. Cortez made a motion to deny Case 13-010 based on Findings of Facts with the addition of Finding of Fact #13 stating the 5th wheel would be stored with its slide out in the closed position and Finding of Fact #14 stating Samuel Sifuentes would be added to the application. Mr. Armstrong made the second. The motion passed by a vote of seven to zero. Mr. Najar stated a sewer manhole is located within the property line. He stated he had spoken with Mr. Sifuentes earlier that day and asked him to cover the manhole with 10" of concrete to prevent it from caving in. 2  An Amendment to Zoning Ordinance 10-02 Amended: Sexually Oriented Businesses Mr. Jaramillo stated changes had been made to the proposed amendment and that Sections 3 and 4 had been removed. He stated a special meeting of the Planning and Zoning Committee had been held on May 21st to discuss the proposed amendment. He stated the Chaves County Planning Department had discussed the issue with Staff and that a dialogue was ongoing. He stated the issue had been addressed at New Mexico League of Zoning Officials conferences and that City Code could be challenged as currently written. He stated the latest version of the proposed amendment had not been made available because it was still being rewritten. He discussed existing Industrial Districts at RIAC and Petro Park in the City and possible future areas that could be zone changed. He stated Industrial Districts along the main arterials could be a possibility. Councilor Jason Perry stated he had spoken with members of the City government in Lancaster, California and that the basis for the proposed amendment had come from their ordinance. He stated Roswell is changing and that something should be in place to regulate SOBs. He stated Lancaster, California has over 150,000 people and no SOBs in the city limits. He stated the Committee had worked extensively on the proposed amendment. Mr. Cortez stated he saw the goal of the proposal to be to ban SOBs within the City entirely and asked why the City couldn't ban them outright. He stated the current proposal requires 1,500' between a proposed SOB and a residential area or public park, making it almost impossible to place one anywhere in the City. He stated they would just move to just beyond the City limits. Councilor Perry stated they can't put a prohibition in place that would hold up in court. He stated 1,500' had been chosen so that if challenged it can be reduced and still be effective. He stated a recommendation could be made to approve the proposal with changes. Mr. Cortez asked if the County Planning Department was going to do something similar. Councilor Perry stated he could not speak for the County. Mr. Cortez asked how far a bar would have to be from a school or church. Councilor Perry stated 300'. Mr. Cortez asked Mr. Najar to have Staff plot distances to see if there are possible sites within the City. Mr. Carrillo asked if similar restrictions could be placed on businesses that sell smoking paraphernalia. Councilor Perry stated he would like to do something similar. Chair Brown asked Staff if a recommendation to Council was necessary. Mr. Jaramillo stated that was correct. Chair Brown asked Staff to look at the distance requirement. Mr. Gwartney asked about the items in red. Mr. Kallunki stated the portions in red relate to California law. He stated the City Attorney's office was looking at comparable New Mexico statutes to use in the proposed amendment. Mr. Gross stated he did not feel comfortable voting on an unfinished document. Mr. Armstrong stated he could not endorse an incomplete document. Councilor Perry stated he understood the Commissioners' position and that any changes would be to references to New Mexico case law. Mr. Armstrong asked if a vote of no recommendation could be sent to Council. Mr. Jaramillo stated the vote could be to approve, deny, or abstain. Councilor Perry stated Barbara Patterson, City Attorney, had an emergency and could not finish the document. Discussion on the legal process currently in place for SOBs ensued. MOTION Mr. Armstrong made a motion to for a vote of No Recommendation on An Amendment to Zoning Ordinance 10-02-Amended. Mrs. Childress made the second. There was no further discussion. The motion passed by a vote of five to two. Other Business: Mr. Jaramillo stated the process would be beginning soon to give Planned Unit Developments (PUDs) across the City a new zoning designation. He stated some PUDs may be eliminated. He asked that Commissioners not discuss the process with applicants or with more than one Commissioner at a time. Mr. Jaramillo stated Mr. Gross and Mr. Gwartney attended the NMLZO training in May and 3 that another session would be held in Roswell in September. He stated the City may be able to sponsor some Commissioners if any would like to attend the training. The meeting was adjourned at 8:05 p.m. _________________________________ ______________________________ Ralph Brown- Chair Shirley Childress- Vice Chair 4