Planning & Zoning Commission

PLANNING & ZONING COMMISSION Minutes to the January 29, 2013 Meeting Members Present: Mr. Ralph Brown-------------------------------------------------------------Chair Mr. Toby Gross-----------------------------------------------------------Member Mr. Eddie Carrillo---------------------------------------------------------Member Mr. Chris Cortez----------------------------------------------------------Member Mr. Bruce Gwartney-----------------------------------------------------Member Mr. Riley Armstrong------------------------------------------------------Member Mrs. Shirley Childress---------------------------------------------------Member Members Absent: None Council Present: None Staff Present: Mr. Louis Najar-----------------------------------------------------City Engineer Mrs. 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 November 27, 2012 minutes. Mr. Armstrong made a motion to approve the minutes as presented. Mr. Carrillo 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 There were no information items. 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 13-001: A Zone Change from R-1 Residential District to RMS District, Lot 5, Block 8 of Fruitland Subdivision, known as 1121 East Marker Street, Eleuterio Cortez/Owner. Eleuterio and Janie Cortez spoke in favor of the request. Mrs. Cortez stated her husband is the owner of the lot. She stated a single-wide trailer had been previously located on the lot but that it had been in bad shape and was removed. She stated she had been told a zone change would be needed to place a new one. Mrs. Childress asked Mr. Jaramillo if the previous mobile home had been a legal non-conforming use. Mr. Jaramillo stated it had not. He stated the lot had been reported to Staff as an illegal commercial site being used as a recycling business. He stated the owner had stopped the commercial use and had come into compliance with the Ordinance. He stated the lot is currently vacant. Mr. Gwartney stated the adjacent lot to the west had a mobile home on it and asked if it was zoned RMS District. Mr. Jaramillo stated the lot is zoned RMS District and that the mobile home seems to be occupied. He stated RMS District is located to the east, southeast, and south. Mrs. Cortez stated her husband believed he had received permission to operate his recycling business at the address and after purchasing the equipment they were informed that the lot was residential and that he would have to find a commercial location. She stated he moved the business at that point and tore down the mobile home. Chair Brown asked about protests to the request. Mr. Jaramillo stated Leonal Wilson, owner of the adjacent lot to the west, had been approached by the applicants regarding the request. The owners submitted the application after speaking with Mr. Wilson. Mr. Wilson then brought Staff a letter of protest to the request. Mr. Jaramillo stated Mr. Wilson's protest constituted over 20% of surrounding property owners, requiring a favorable 2/3 majority vote for the Commission to approve the request. He stated the Findings of Facts included reasons for approval and denial. He stated Finding of Fact #5 should be modified to note that two written protests had been received at the time of the hearing. Christopher Cortez asked if RMS District is low-density. Mr. Jaramillo stated it is medium- to high-density. Christopher Cortez stated the district separations are unusually shaped. Christopher Cortez asked if a stick built home could be been built in the RMS District property across the street and Mr. Jaramillo stated yes. Mr. Armstrong asked if the property owners who had protested the request were here at the meeting. Mr. Jaramillo stated the protestors, the Wilsons and the Mr. and Mrs. Salcido, had not come to the meeting. He stated the Salcidos' property is zoned RMS District and is located across the street from the property requesting the zone change. Mr. Armstrong asked if they had protested the zone change despite having a property in the RMS District. Mr. Jaramillo stated they did. Mr. Gwartney asked if the request would be spot zoning. Mr. Jaramillo stated the property abuts RMS District to the east and south. He stated Mr. Wilson lives in a stick built home abutting Mr. Cortez's property to the west and that the neighbors have a history of issues between them. He stated Mr. Cortez has complied with all regulations and requirements. Christopher Cortez asked if the lot had been divided by taking a legal description from an existing lot. Mr. Jaramillo stated it had and that it had been that way since the 1970s. Mr. Armstrong asked if Mr. Cortez wanted to place a single-wide mobile home on the property. Mr. Cortez stated he did. Mr. Carrillo asked if Mr. Cortez would live in it. Mr. Cortez stated he is selling the property and that the prospective buyers had purchased a mobile home to place on the lot. Mr. Carrillo asked how utilities would be brought to the lot. Mr. Jaramillo stated the owners would have to negotiate an easement with their neighbors to access sewer lines in the alley since the property does not have alley access. MOTION Mr. Carrillo made a motion to approve Case 13-001 based on Findings of Facts #1, #2, and #5. Mr. Gross made the second. There was no further discussion. The motion passed by a vote of six to one. 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 13-002: A Final Plat to Be Known As CPT Subdivision, Tracts B and C of Conner Summary Plat, located on the north side of the 900 block of East 23rd Street, Wagener Engineering/Agent, CPT Operating, LLC./Owner. Todd Wagener, agent, spoke in favor of the request. He stated the plat is for an existing two-lot subdivision and would give an additional 10' of right-of-way along 23rd Street. He stated the proposed plat would create seven smaller lots and there was no room for an alley along the rear lot line. He stated water and sewer are available, curb and gutter would be extended, and it would be a good in-fill project. Mr. Jaramillo stated the request would require a variance to Subdivision requirements and that Staff supports the variance with one stipulation: any and all accessory structures must be a minimum of 10' from the row of trees along the rear property line for fire safety. He stated the double row of trees screen the Goddard Sports Complex. He stated Staff wished to add Finding of Fact #8 stating the developer has agreed to extend curb and gutter along the north side of 23rd Street and that sidewalk will be developed as lots are developed. He stated the Knights of Columbus had sent a letter to clarify their current operations and to notify the applicant of what activities take place at their facility. He stated Staff is in support of the Final Plat. Mr. Cortez asked for clarification on Finding of Fact #2 referring to the lots being slightly over the three to one ratio. Chair Brown asked Mr. Wagener asked if Finding of Fact #8 would cause any concern and Mr. Wagener stated it would be fine as long as it allowed for the improvements to be made at the time of development. Mr. Najar stated he'd met with Mr. Wagener along with Public Works Director John Miscavage and Utility Director Art Torrez and they had been agreed that curb and gutter would be 2 installed along the north side of 23rd Street with development of those lots. MOTION Mr. Armstrong made a motion to recommend approval by City Council for Case 13-002 based on Findings of Facts. Mr. Carrillo made the second. There was no further discussion. 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. Armstrong made the second. The motion passed by a vote of seven to zero. CASE 13-003: A Vacation/Replat to Be Known as Mescalero Farms Unit One Vacate Plat, Lots 1-9 of Block 1, Lots 1-5 of Block 2, Lots 1-5 of Block 3, and Lots 1-5 of Block 4 and Tract A of Mescalero Farms Unit One, located on the east side of the 2700-2800 block of North Atkinson Avenue, Smith Engineering/Agent, Paul Taylor III/Owner. Mike Douglass of Smith Engineering, agent, spoke in favor of the request. He stated the subdivision had been approved in 2007 but was never developed. He stated the assurance agreement stated infrastructure was to be built within two years or the subdivision would revert back to its original state. He stated the owner wished to vacate all interior lot lines and rights-of-way. Mr. Armstrong asked Staff what would happen if the tract reverted back and then was sold. Mr. Jaramillo stated the interior lot lines would be vacated and it would become one tract. Mr. Armstrong asked what the process would be to create a new subdivision. Mr. Jaramillo stated it would require the standard subdivision process. He stated the assurance agreement had expired and that the property was being used for farming for approximately three years. He stated Paul Taylor, owner, had been notified of the zoning violation in 2012. Mr. Jaramillo stated Mr. Taylor was allowed to finish the growing season. He stated Staff is in support of the vacation/replat and that a recommendation to City Council would need to be made. Mr. Cortez asked about the lot to the south and how it would have access. Mr. Jaramillo stated it was under the same ownership as the lot to its south. MOTION Mr. Gwartney made a motion to recommend approval by City Council for Case 13-003 based on Findings of Facts. Mr. Cortez made the second. Mr. Cortez asked if the additional right-of-way originally given along Atkinson Avenue would remain. Mr. Jaramillo stated it would. There was no further discussion. 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. Armstrong made the second. The motion passed by a vote of seven to zero. CASE 13-004: A Zone Change from R-1 Residential District to R-S Rural Suburban District, Lots 1-9, Block 1, Lots 1-5, Block 2, Lots 1-5, Block 3, and Lots 1-5, Block 4 of Mescalero Farms Unit One, located on the east side of the 2700-2800 block of North Atkinson Avenue, Smith Engineering/Agent, Paul Taylor III/Owner. Mike Douglass, agent, spoke in favor of the request. He stated Paul Taylor, owner, wanted to revert back to the original R-S Rural Suburban zoning to continue farming the land. Mr. Jaramillo stated Staff wished to add Finding of Fact #6 stating the Comprehensive Master Plan recommends the area as mid-density and that R-S Rural Suburban District is the lowest density. He stated Finding of Fact #4 should state that approval of Case 13-004 is contingent on approval of Case 13-003. MOTION Mr. Armstrong made a motion to approve Case 13-004 based on Land Use Considerations and Findings of Fact to include Findings of Fact #1, #2, #3, #4, #5, and #6. Mrs. 3 Childress made the second. There was no further discussion. 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. Armstrong made the second. The motion passed by a vote of seven to zero. CASE 12-027: A Preliminary Plat to be known as Veterans Memorial Cemetery Subdivision, A portion of the N 1/2 N 1/2 of Sec. 16, T. 11S., R.24E., located on the west side of the 2400-2500 block of S.E. Main Street, City of Roswell/Owner. Mr. Jaramillo asked the Commission to disregard the plat provided in their packets and stated that a new plat had been distributed. Mr. Vickers stated the new plat changed the block numbers to 1A, 1B, 2, 3, 4, and 5. Bert Eldridge stated he had gotten the land donated for the Veterans Cemetery. He stated he had worked for two years on planning for the cemetery and that a waiting list of 22 veterans had come about in that time. Chair Brown thanked Mr. Eldridge for the work he had done. Mr. Jaramillo stated Finding of Fact #3 should be stricken because no access would be allowed from Southeast Main Street. He stated Finding of Fact #6 should state Block 1B instead of Block 6. Mr. Vickers stated the Final Plat would be in the following case. He stated 1A and 1B had been designated to establish an order for phasing of construction. He stated the Preliminary Plat showed the interior road and that access would be from South Park Cemetery. He stated the road would go in one direction and be 29' in width with no parking lots. He stated it follows national VA requirements for cemeteries with the farthest distance of a grave from a paved surface being no more than 400'. He stated future access to Southeast Main was possible in the future but not guaranteed. Mr. Wagener asked if the blocks could be given the designations of V1, V2, etc., to allow them to be easily distinguished from those in South Park Cemetery. Mr. Eldridge stated that would be a good idea. Mr. Jaramillo stated the change would be included as Finding of Fact #14 stating the blocks would all include the letter "V" before their numbers. MOTION Mr. Cortez made a motion to recommend approval by City Council of Case 12-027 based on Findings of Facts #1-#14 as added. Mrs. Childress made the second. There was no further discussion. 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 12-028: A Final Plat to be known as Veterans Memorial Cemetery Subdivision, A portion of the N 1/2 N 1/2 of Sec. 16, T. 11S., R.24E., located on the west side of the 2400-2500 block of S.E. Main Street, City of Roswell/Owner. Mr. Jaramillo stated the first line in Finding of Fact #3 referring to access from Southeast Main Street must be stricken. He stated Finding of Fact #6 should be added to include the addition of the letter "V" to all block numbers: V1, V2, V3, V4, V5, V1B. MOTION Mr. Armstrong made a motion to recommend approval by City Council of Case 12-028 based on Findings of Facts #1-#14 as added. Mr. Carrillo made the second. There was no further discussion. 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. 4  CASE 12-029: A Special Use Permit for a Cemetery in an R-1 Residential District, Veterans Memorial Cemetery Subdivision, located on the west side of the 2400-2500 block of S.E. Main Street, City of Roswell/Owner. Mr. Jaramillo stated Staff is in support of the request based on previous testimony. Mr. Vickers stated Finding of Fact #5 should be amended to change the designation of the block numbers to V1, V2, V3, V4, V5, V1B. MOTION Mrs. Childress made a motion to approve Case 12-029 based on Land Use Considerations and Findings of Facts as corrected. Mr. Armstrong made the second. There was no further discussion. The motion passed by a vote of seven to zero. An Amendment to Zoning Ordinance No. 10-02 Chair Brown stated the chief concern at the January 8th Planning and Zoning Committee meeting and workshop had been Article 21: Planned Unit Developments (PUDs). He stated Mr. Wagener had written an opinion on the proposed changes. Mrs. Patterson stated a motion to either recommend approval or denial by City Council would be required in order to have further discussion. MOTION Mr. Carrillo made a motion to recommend approval by City Council of the proposed amendments to Zoning Ordinance No. 10-02. Mr. Gross made the second. Chair Brown asked if the changes recommended during the workshop had been included in the Ordinance. Mr. Jaramillo stated they had. He stated PUDs had been eliminated as a zoning district and been made a development type. He stated all changes are shown in red in the Ordinance provided to the Commission. He stated the application process had been increased. He stated Staff had been instructed at the workshop to contact local developers to gather input. Mr. Jaramillo stated Staff spoke with representatives from Smith Engineering and Wagener Engineering, firms responsible for the majority of existing PUDs. He stated he had provided the Commission with their responses. Mr. Armstrong asked when it would need to go before the City Council. Mrs. Patterson stated the Committee would meet on March 5th and had invited the Councilors to attend the meeting to review the proposed changes. Mr. Jaramillo discussed proposed changes to the Ordinance and reviewed what had been discussed at the previous workshop. Chair Brown amended the motion to recommend approval by City Council of the proposed amendments to Zoning Ordinance No. 10-02 with input and revision by the Planning and Zoning Committee with close attention Article 21: Planned Unit Developments (PUDs). Mr. Armstrong made the second. Mr. Jaramillo suggested the input of Smith Engineering and Wagener Engineering be included. Chair Brown stated that was his intent. Mr. Najar stated it would be ideal for the Commissioners to stay involved and give input to Council. Mr. Cortez stated many cases he had seen had not been because the Ordinances had not been in place but that the public is not aware of the rules. He stated he felt cleaning up of zoning borders would be beneficial. The motion passed by a vote of seven to zero. Mr. Jaramillo asked the Commissioners to see Staff with any concerns or comments by that Friday morning. Other Business: The meeting was adjourned at 8:47 p.m. _________________________________ ______________________________ 5 Ralph Brown- Chair Shirley Childress- Vice Chair 6