Planning & Zoning Commission

PLANNING & ZONING COMMISSION Minutes to the September 24, 2013 Meeting Members Present: Mr. Ralph Brown Chair Mrs. Shirley Childress Vice Chair Mr. Eddie Carrillo Secretary Mr. Bruce Gwartney Member Mr. Toby Gross Member Mr. Chris Cortez Member Mr. Riley Armstrong Member Members Absent: None Council Present: None Staff Present: Mr. Louis Najar City Engineer Ms. Barbara Patterson City Attorney Mr. Michael Vickers City Planner 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. MINUTES Chair Brown called for approval of the minutes of the August 27, 2013 minutes. Mr. Cortez stated Chair Brown had not been present at the August meeting and that Mrs. Childress had sworn in those testifying. Mr. Gross made a motion to approve the minutes as corrected. Mr. Armstrong made the second. The motion passed by a vote of seven to zero. INFORMATION ITEMS None. SWEARING IN Chair Brown swore in the audience and Staff. Mrs. Childress recused herself from the following case. Mr. Carrillo 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 13-019: A Conditional Use Permit for a Major Home Occupation- Office, Lot 11, Block 19 of North Spring River Subdivision, known as 1207 North Richardson Avenue, Ray Baca/Renter, Steve Denio/Agent, John Juarez/Owner. Steve Denio, agent, spoke in favor of the request. He stated Ray Baca, renter, needed a Conditional Use Permit to operate an insurance business from the home he rents. Mr. Gross asked where customers would park. Mr. Baca stated two parking spaces had recently been paved in the rear of the lot. Mr. Denio stated the alley behind the home is paved. Mr. Gross asked if the business would be ADA accessible. Mr. Denio stated it would not and that there would not be much public traffic. Mr. Baca stated a building to the south is being converted to a business and that a church had been converted to a Jazzercise center down the street. Chair Brown asked if Mr. Baca understood that no signs would be allowed to indicate a business. Mr. Baca stated he did. Mr. Jaramillo discussed the history of the request. He stated Mr. Baca had originally inquired about a Special Use but that Staff felt a Conditional Use would be a better fit. He stated the Conditional Use would be tied to Ray Baca and his insurance agency and could be discontinued if he stopped operations. Mr. Jaramillo stated the vacant lots hold a Special Use across the street and discussed other vacant Special Uses in the area. He stated the rear parking is accessible by a paved Commercial alley and that Mr. Baca would visit clients with accessibility issues. Mr. Jaramillo stated the home is older and would require a great deal of retrofitting to make it ADA accessible. Mr. Najar stated he had inspected the property and noted that Finding of Fact #3 ties the Conditional Use Permit to Mr. Baca. Mr. Jaramillo stated Mr. Baca must continue to live at the home for the Conditional Use Permit to be allowed. Mr. Baca stated he does live at the home and uses the front portion for business while the rear contains his personal living space. Mr. Cortez asked what duration Mr. Baca's lease specified. Mr. Baca stated his lease is done yearly. Mr. Cortez asked if Mr. Baca was using the detached office and Mr. Baca stated he is not. MOTION Mr. Armstrong made a motion to approve Case 13-019 based on Land Use Considerations, Findings of Facts, and testimony. Mr. Gwartney made the second. There was no further discussion. The motion passed by a vote of six to zero. Mrs. Childress recused. 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. Gross made the second. The motion passed by a vote of seven to zero. CASE 13-020: A Conditional Use Permit for a Major Home Occupation- Child Care, Lot 3, Block 4 of Fruitland Subdivision, known as 1519 South Monroe Avenue, Manuel and Catherine Gamboa/Owners. Cathy Gamboa spoke in favor of the request. She stated she wanted to increase the number of children she is allowed to care for from six to eight. Chair Brown asked if Mrs. Gamboa had sufficient facilities to care for eight children. Mrs. Gamboa stated she did and showed the Commission a map of her home detailing sleeping quarters for the children. Mr. Armstrong asked Staff to describe the changes required to make a home suitable for caring for up to eight children. Mr. Jaramillo stated Staff does not monitor day care and that the State Department of Children, Youth, and Families (CYFD) does. He stated Staff makes sure the zoning is correct for the number of children in the daycare. He stated a letter had been received from CYFD but that it was not specific and was up to interpretation by the Commission. He stated Staff believed the letter to be in support of Mrs. Gamboa. Mr. Cortez asked if Finding of Fact #2 stated that the request would be allowable in an R-3 District. Mr. Jaramillo stated Major Home Occupations are allowed in all residential districts except for RV and mobile home parks. Mr. Cortez asked if CYFD needed an approval from the City that the zoning allowed the daycare and Mr. Jaramillo stated that was true. Mr. Armstrong asked why a time restriction was not placed on the business hours. Mr. Jaramillo stated child care is necessary at all times of the day and night due to parents' working hours. He stated Staff supports the request and that Finding of Fact #2 should be modified to state the State should set limits on expansion of the day care. Mr. Armstrong asked if the State inspects the facility and Mrs. Gamboa stated her day care is inspected every six months. Mr. Armstrong asked what the maximum number of children in her care would be. Mrs. Gamboa stated she wants to care for no more than eight. Mr. Jaramillo stated that the information requested in the bolded portion of Finding of Fact #8 had been provided. MOTION Mr. Cortez made a motion to approve Case 13-020 based on Findings of Facts with the following modification: removal of the last sentence of Finding of Fact #8. Mrs. Childress made the second. The motion passed by a vote of seven to zero. 2  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. Armstrong made the second. The motion passed by a vote of seven to zero. CASE 13-022: A Conditional Use Permit for a Major Home Occupation- Child Care, Lot 7, Block 1 of Rogers Subdivision, known as 2310 North Garden Avenue, Gary Paul and Ruby Ann Roybal/Owners. Ruby and Gary Roybal spoke in favor of the request. Mrs. Roybal stated she had operated her day care from her home for 20 years and would like to be able to care for up to twelve children. She stated she received the same letter Mrs. Gamboa had shown the Commission. She stated her home had passed inspection by the State. She stated she does day care overnight and that she has had to turn clients away because she was already at a maximum of eight children. Mr. Roybal stated that because of how the parents' shifts are scheduled, sometimes drop-offs and pick-ups overlap, which can cause trouble during an inspection. Chair Brown asked if a sketch of sleeping areas had been included. Mrs. Roybal stated the children sleep on cots in the living room. Mr. Roybal stated enough their home has enough space for up to twelve children. Mr. Jaramillo asked when she was approved for up to eight children. Mrs. Roybal stated that had happened six years ago and that the Commission had approved them for eight at that time. Mr. Roybal stated the State inspector approved them for twelve. Mr. Jaramillo stated the program Staff uses to monitor past zoning cases had been experiencing problems and that the Roybals may already be approved for eight to twelve. Mr. Gross asked if the case was to clarify their Conditional Use and Mr. Jaramillo stated it was. Mrs. Childress asked if the Roybals would care for twelve children full time and Mrs. Roybal stated they wanted to ensure they had extra space to allow for overlaps. MOTION Mr. Cortez made a motion to approve Case 13-022 based on Findings of Facts with the following modifications: Finding of Fact #2 to state that up to twelve children would be allowed and that the applicant will receive written or verbal permission to expand from CYFD, Finding of Fact #7 to state that no time limit will be placed on business hours, and the removal of the last sentence of Finding of Fact #8. Mrs. Childress made the second. The motion passed by a vote of seven 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. Gross made the second. The motion passed by a vote of seven to zero. CASE 13-023: Designate a Residential Zoning District for an Existing Planned Unit Development (PUD)- American Legion, Airport Tract 2, known as 1620 North Montana, Charles M Debremond Post No. 28 The American Legion Department of New Mexico/Owner. Chair Brown asked if Staff was bringing the request before the Commission. Mr. Jaramillo stated Staff must assign underlying zoning districts to Planned Unit Developments (PUDs) and that the process was expected to last until at least June 2014. He stated Case 13-023 needed to be addressed to determine eligibility for a liquor license. He stated the State needs the zoning district in order to process the application. Mr. Jaramillo asked that the Commission listen closely to the applicants' testimony as some uses fall under both C-1 and C-2 District zoning for Permitted Uses.. She stated Staff was attempting to classify the PUDs without disruption and while allowing them to continue with their uses. Orlando Padilla, Commander of American Legion Post No. 28, spoke about the request. He discussed the history of the chapter. He stated the Post took over the current building three years ago and that major improvements have been made to the building. He stated membership has grown to around 180 members comprised of the Legion itself, the Ladies' Auxiliary, the Legion Riders, and the Sons of the Legion. He stated they are a 501.C-19 charitable organization and are the only Veterans' association in the City with their own building. Mr. Padilla stated 3 Legion business meetings are held on the first Monday of the month and that money is generated by renting the hall for events on weekends. He stated town meetings are held there as well as ceremonies to retire flags. Ralph Tellez, Vice Commander, spoke about the request. He stated they were able to send six students to Boys and Girls State with help from the American Legion. He stated college scholarships are going to be made available to high school students. He stated the Legion wished to obtain a gaming and alcohol license to raise funds to provide more scholarships. He stated the zoning was crucial to the license. Chair Brown asked if Mr. Tellez had spoken to Staff about what zoning would be needed and Mr. Padilla stated he had. Mr. Padilla stated commercial zoning would be required. Mr. Padilla stated there had been complaints about noise from some neighbors and that obtaining the gaming and alcohol license would allow the Legion to make more money and lease the property less. Chair Brown asked Staff if C-1 or C-2 District would best fit the property. Mr. Jaramillo stated he had spoken with Sharon Coll, City Clerk, regarding the alcohol license and that a zoning verification letter would be required with the application. He stated the zoning must allow the sale of alcohol as a Permitted Use. He asked the Commission to review the listings of Permitted Uses in both districts. Mrs. Childress stated the C-2 District allows clubs as well as alcohol sales. Chair Brown asked if it would allow gaming. Mr. Jaramillo stated it would fall under uses that meet the intention of the C-2 District. Mr. Cortez asked what the Old Municipal Airport (OMA) Master Plan specified for the area. Mr. Vickers stated the OMA is an older plan with future park development planned. He stated that commercial potential is present further west in the OMA and that a substantial drainage area makes a large portion of the land unbuildable. He stated the OMA needs to be updated and will be reviewed during the 2015 Master Plan update. Mr. Cortez asked if the Commission members could be provided with a copy of the OMA Master Plan. Mr. Vickers stated the Comprehensive Plan would be going under review in 2015 and that the Commission would be involved. Mr. Cortez asked if the drainage area has an impact on the existing developments. Mr. Vickers stated it does not. Mr. Cortez asked about the City-owned residential home located north of the American Legion. Mr. Vickers stated the City leases the land to individuals and that it had been the home of the airport director. He stated no development plans exist for the home. Mr. Jaramillo stated it is located on a large tract and that the proposed 17th Street could be addressed in the future. Chair Brown stated he felt C-2 District fit the PUD best and that the decision made by the Commission could be appealed. MOTION Mr. Armstrong made a motion to designate a C-2 Commercial District in Case 13-023 based on Land Use Considerations and Findings of Facts. Mr. Carrillo made the second. The motion passed by a vote of seven to zero. Mr. Brown recused himself from the following case. Mr. Carrillo 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 13-024: Designate a Residential Zoning District for an Existing Planned Unit Development (PUD)- Elks Lodge, Tract B2 of Joy Center Summary Replat, known as 1720 North Montana Avenue, Roswell New Mexico Lodge #969 Order of the Elk/Owner. Wayne Mahy, President of Elks Lodge #969, spoke about the request. He stated the Lodge would like to be considered for a C-2 District designation. He stated the Lodge has a liquor license and that it is a private club for its approximately 810 members. He stated the Lodge's charter was granted in 1905 and that the Elks are one of the largest charitable organizations in the country. Mr. Mahy stated that on a local level, the Lodge supports programs to enable Veterans to visit VA hospitals in other cities and raised $20,000.00 last year for that cause. He discussed support of Wounded Warrior projects and stated money stays local. He stated the Lodge is a 501.C-8 non-profit and that all money goes to charity and community projects. He stated it comes to hundreds of thousands of dollars a year. He stated gaming events currently 4 take place at the Lodge. Rick Callaway, Past President of the Lodge, spoke about the request. He discussed the history of the Lodge and stated they have invested over $1,000,000.00 in the community. He stated he was president of the Lodge in 2003 when the former building was sold and that he'd worked with the City to put the Lodge in its current location. Mr. Mahy discussed benefits the Elks provide to the community, such as drug prevention programs, raising $250,000.00 for a children's hospital, funding veterans programs, providing scholarships, and offering employment to local citizens. He stated they are regulated by the Elks at the local, state, and national levels. He stated a C-2 District designation will allow the Lodge to continue benefitting the community. Mr. Jaramillo asked if the facility leases space to others. Mr. Callaway stated they do and that fees are waived for charitable organizations. He stated the RV park is members only and that it is a good way to get members to visit the City. Mr. Mahy stated he felt the Lodge is the best looking property in the area and that no issues involving the police have occurred at that location. MOTION Mr. Armstrong made a motion to designate a C-2 Commercial District in Case 13-024 based on Land Use Considerations and Findings of Facts. Mr. Carrillo made the second. 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. Cortez made the second. The motion passed by a vote of seven to zero. CASE 13-025: Designate a Residential Zoning District for an Existing Planned Unit Development (PUD)- Joy Center, Tract B1 of Joy Center Summary Replat, known as 1822 North Montana Avenue, Chaves County Joy Center/Owner. Mr. Jaramillo stated Staff could give a background and history on the case. Mr. Gross stated Staff would not know any plans the County may have and that a representative of the County should speak on the case. MOTION Mr. Cortez made a motion to postpone Case 13-025 until a representative of Chaves County could speak on the case. Mr. Armstrong made the second. The motion passed by a vote of seven 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. Carrillo made the second. The motion passed by a vote of seven to zero. CASE 13-026: Designate a Residential Zoning District for an Existing Planned Unit Development (PUD)- A Portion of Tract B of the Joy Center Summary Replat, known as Noon Optimist Park, City of Roswell/Owner. Mr. Jaramillo stated the Noon Optimist Park was originally a part of the PUD that included the American Legion. He stated Staff is requesting a designation of R-1 District which allows a park as a Permitted Use. He stated no changes have occurred since the original PUD was created. Mr. Gwartney stated the park would be surrounded by C-2 District. Mr. Jaramillo stated the park and American Legion are still considered PUDs and that the park would not be required to build a screen fence because the PUDs already exist. He stated the American Legion provides additional parking for the park. Mr. Cortez asked if the next case would terminate the. Mr. Gross asked what would happen if the American Legion moves and leaves behind its now C-2 District lot. Mr. Jaramillo stated the PUD is still attached to the property and that any changes to it would require notification of property owners within 100' and a public hearing. Mr. Cortez stated the trend of Montana Avenue going commercial could present an issue on parking because of the width of the street and asked Mr. Vickers if designating possibly three commercial developments on a local road could be spot zoning. Mr. Vickers stated it's not what would have been ideal but 5 that the developments were already existing. He stated Montana Avenue has a 60' right-of-way and that the residential development on the east side of the street would present issues for any future commercial developments. He stated they would have to comply with engineering, parking, and zoning standards. Mr. Vickers stated access could become an issue and hinder development. He stated 19th Street may be extended further to the west in the future and that mixed uses could be seen in the area. Mr. Najar stated the reason the underlying zonings are being assigned to the PUDs is because they created special circumstances. He stated the only complaint that he had heard about in the area was related to the Noon Optimist Park. He stated the other buildings have adequate off-street parking but that a large amount of on-street parking is used during athletic events at the park. Ms. Patterson stated there have been unsubstantiated noise complaints related to the commercial developments on Montana Avenue. Chair Brown stated he was on the Community Improvement Commission when the Elks Lodge moved to their current property and that it seemed like the best use of that property. Mr. Jaramillo stated there had been abuses of the PUDs to allow commercial developments on local streets. MOTION Mr. Gwartney made a motion to designate an R-1 Residential District in Case 13-026 based on Findings of Facts. Mrs. Childress made the second. The motion passed by a vote of seven 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 13-027: Termination of an Existing Planned Unit Development (PUD)- A Portion of Tract B of the Joy Center Summary Replat, known as Noon Optimist Park, City of Roswell/Owner. Mr. Jaramillo asked the Commission to table the case while Staff held discussion. Mr. Cortez made a motion to table Case 13-027. Mr. Carrillo made the second. All were in favor. Mr. Jaramillo stated Staff wished to withdraw Case 13-027. MOTION Mr. Gwartney made a motion to accept the withdrawal of Case 13-027. Mr. Gross made the second. The motion passed by a vote of seven to zero. Amend Zoning Ordinance No. 10-02-Amended to include Multi-family Residential Development and Warehouse/Outside Storage as Special Uses in C-1 Neighborhood Commercial District. Mr. Vickers stated recent cases involving requests to construct multi-family housing in C-1 Commercial Districts prompted review of Zoning Ordinance No. 10-02: Amended. He stated multi-family housing was taken out of C-1 Districts in the last amendment of the Ordinance. He stated the latest amendment had established PUDs as a way to create mixed-use districts in a way that is similar to how they are used in other municipalities across the country. He stated PUDs are designed to meet the needs of a neighborhood and that multi-family housing in C-1 Districts can fit that criteria. He stated the recent amendment contradicted itself by removing multi-family from C-1 District. He stated the Staff requests that the stricken text be removed while the portions in red be added. Chair Brown asked if this would be a recommendation to Council. Mr. Gwartney asked if religious institutions were being removed from the list of uses and Mr. Vickers stated he didn't believe the City should regulate that. Mr. Vickers stated they could be placed under Permitted Uses. Mr. Carrillo asked if a church next to a bar could create issues. Mr. Jaramillo stated the attempt would be to limit their effects on one another. He stated the Planning and Zoning Committee had asked Staff to review the issue. Mr. Armstrong stated that while the Ordinance can change, that it should not change for one case. Mr. Cortez asked if the changes could create legal non-conforming uses by removing religious institutions from the C-1 District. 6 He asked Staff to review religious institutions in various districts and see how they would affected. He stated he felt the Commission did not have enough information. Mr. Najar asked if the Commission would like Staff to postpone the case until more information could be obtained and Mr. Armstrong stated he would agree to that. Ms. Patterson discussed the definition of a church. Mr. Armstrong stated Billy Ray's Bar is located close to The Door Ministry. Mr. Jaramillo stated the term doesn't apply solely to churches but to all religious institutions. Mr. Jaramillo stated an issue with medical marijuana distribution centers would possibly be forthcoming. He stated one possible applicant had questions about the Special Use Permit process and how to proceed with some level of secrecy as the applicant stated is required by the State. Ms. Patterson stated she there are some exceptions to the Open Meetings Act and Inspections of Public Records Act. She stated the medical marijuana distribution center process would have to be looked into. MOTION Mr. Gwartney made a motion to withdraw the request to Amend Zoning Ordinance No. 10-02-Amended to include Multi-family Residential Development and Warehouse/Outside Storage as Special Uses in C-1 Neighborhood Commercial District. Mr. Armstrong made the second. The motion passed by a vote of seven to zero. Other Business: Mr. Jaramillo stated he would look into the medical marijuana issue. Ms. Patterson stated she is researching SOBs and Mr. Jaramillo discussed a related case that had been heard by the State Supreme Court. Mr. Jaramillo stated more PUDs will be appearing before the Commission over the coming months. The meeting was adjourned at 8:48 p.m. Chair Ralph Brown Vice Chair Shirley Childress _________________________________ _________________________________ 7