Planning & Zoning Commission

PLANNING & ZONING COMMISSION Minutes to the November 26, 2013 Meeting Members Present: Mr. Ralph Brown Chair Ms. Shirley Childress Vice Chair Mr. Eddie Carrillo Secretary Mr. Toby Gross Member Mr. Chris Cortez Member Mr. Riley Armstrong Member Mr. Bruce Gwartney Member Members Absent: None Council Present: None Staff Present: Mr. Louis Najar City Engineer Mr. Jared Kalunki 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 October 29, 2013 minutes. Mr. Armstrong made a motion to approve the minutes as written. Mrs. Childress 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 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 13-029: A Zone Change from Mobile Home Community District to Recreational Vehicle Park District, The E. 333', more or less, of Lot 3, Block 26 of Fruitland Subdivision to be known as Lot 2 of the Town and Country RV and Mobile Home Park Summary Plat; 333 W. Brasher Road, Souder, Miller, and Associates/Agent, E.A. Roskovensky/Owner. David Storey of Souder, Miller, and Associates spoke in favor of the request. He stated the property owner wished to change the zoning to allow RVs and presented a new drawing of the proposed site plan to the Commission. He stated concerns raised by the Roswell Fire Department had been addressed and that the new site plan showed locations of hydrants and paving. He stated the existing section of the development that allows RVs is at 100% capacity. Mr. Armstrong asked if all hydrants requested by the Roswell Fire Department had been added and Mr. Storey stated they had. Mr. Jaramillo stated the development had fulfilled requirements set forth by Zoning Ordinance No. 10-02: Amended and that Staff supports the request.  MOTION Mr. Carrillo made a motion to approve Case 13-029 based on Land Use Considerations, Findings of Facts, and testimony. Mr. Armstrong 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 five to zero. CASE 13-030: A Variance to the Required Minimum Lot Size in an R-4 District, Lot 2 of Sherrill Lane Estates; 310 Sherrill Lane, Wagener Engineering/Agent, 320 Sherrill Lanes Estates, LLC./Owner. Marion and Jan Hobbs, owners, spoke in favor of the request. Mrs. Hobbs stated the lots were to be divided to make it easier to sell townhomes. She stated they had had requests from medical personnel for triplexes in the area. Mr. Hobbs stated individual properties across the street are similar. Mr. Jaramillo stated a variance in Case 13-030 is necessary to approve Case 13-031. He stated Staff supports the request and that the requirement for lot sizes in the R-4 District may need alteration. He stated the current requirement is for 4,000 square feet and that a possible amendment to that would be discussed later in the meeting. Mr. Jaramillo stated townhomes with 0' setbacks would require smaller lots to be buildable and that average townhomes are approximately 1,100 square feet. He stated the variance request would apply to two lots and that the third meets current requirements. He stated the townhome development to the north has five lots under the current minimum required size, which has already been lowered from 4,500 square feet to 4,000 square feet. Mr. Armstrong asked if the decreased lot size would make the lots easier to market and Mrs. Hobbs stated it would offer more flexibility. Mr. Vickers stated the smallest lot would be approximately 3,000 square feet. MOTION Mrs. Childress made a motion to approve Case 13-030 based on Findings of Facts. Mr. Gross made the second. The motion passed by a vote of seven to zero. Mr. Gwartney made a motion to waive the reading of the ‘Land Use and Zoning Considerations’ and ‘Finding of Facts’ for the following case. Mrs. Childress made the second. The motion passed by a vote of seven to zero. CASE 13-031: A Final Plat To Be Known As Sherrill Lane Estates No. 2, Lot 2 of Sherrill Lane Estates; 310 Sherrill Lane, Wagener Engineering/Agent, 320 Sherrill Lane Estates, LLC./Owner. Marion Hobbs, owner, spoke in favor of the request. She stated the Final Plat would assist in marketing the lots to the medical community. MOTION Mrs. Childress made a motion to recommend approval by City Council of Case 13-031. Mr. Gross 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 13-032: A Final Plat to be known as Karimian Subdivision, Lots 1-5 of Moorehead Subdivision; the 1600 Block of North Washington Avenue, Wagener Engineering/Agent, Siavash and Irma Karimian/Owners. 2  Siavash Karimian, owner, spoke in favor of the request. He stated he wanted to expand his existing clinic to bring in more doctors and that this case is related to the next case. He stated the five lots would be divided into two lots. Mr. Jaramillo provided the Commission with a copy of an email from a property owner to the north of the property discussing complaints regarding parking and blocking of 17th Street. He stated the original owner of the, Doctor Richardson, obtained a Special Use Permit for a Professional Office in the 1970s at which time the current building was built or modified to accommodate doctors' offices. Mr. Jaramillo stated the property was then sold to Mr. Moorhead who then subdivided the lots. He stated a city-wide zoning change in the 1980s gave the property an R-3 District designation and the Special Use Permit was recognized for Lots 1-4. He stated Lot 5 had a nursery which was a non-conforming use and that when it was no longer in use it revered back to residential. He stated the proposed tracts are oddly shaped for the purposes of the future development. He stated a parking area would be created in the rear of the lot and that the building would be constructed to the south. Mr. Jaramillo stated access would be from 17th Street onto Tract B and that an alley requested by Staff had been provided by the owner. He stated Staff supports the request. Mr. Armstrong asked if the next case would be a recommendation to Council and Mr. Jaramillo stated a Special Use does not require Council approval. Mr. Brown asked what would happen to the Special Use if Council denied the Final Plat and Mr. Vickers stated it would revert back. Mr. Najar stated a buffer had been provided between the right-of-way and parking. He stated parking would be off-street with extra right-of-way. Mr. Armstrong stated backing out of the parking spaces had been an issue. MOTION Mr. Cortez made a motion to recommend approval by City Council of Case 13-032 with the correction of Finding of Fact #6 to state that a protest had been received and the addition of Finding of Fact #7 to state that parking concerns had been addressed. 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. Cortez made the second. The motion passed by a vote of seven to zero. CASE 13-033: An Amendment to a Special Use Permit- Professional Office, Tract A of Karimian Subdivision; 1621 North Washington Avenue, Wagener Engineering/Agent, Siavash and Irma Karimian/Owners. Siavash Karimian, owner, spoke in favor of the request. He stated he needed to expand his clinic to accommodate more doctors. He stated the plans included an assisted living facility adjacent to the clinic. Mr. Jaramillo stated the request for an Amendment to a Special Use Permit was to clarification. He stated the Case 05-043 had been approved with a one year reverter clause. He stated the original request in 1984 or 1985 did not recognize Lot 5 as part of the original request. MOTION Mr. Cortez made a motion to approve Case 13-033 with the additions of Finding of Fact #6 to state a protest had been received, Finding of Fact #7 to state that parking issues had been addressed, and Finding of Fact #8 to state that approval is contingent upon approval of Case 13-032 by City Council. Mr. Armstrong made the second. The motion passed by a vote of seven to zero. 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 13-034: A Designation of a Zoning District for an Existing Planned Unit 3  Development (PUD)- Coronado #3 Subdivision, Lots 1-5 and 13-19 of Coronado #3 Subdivision, Lot 6 of Coronado Summary Replat, Lots 7-10 of Coronado Summary Replat 2, and Lots 11 and 12 of Coronado Summary Replat 3, located at the 2600 and 2700 Blocks of Coronado Drive, and Mercedes Drive, Leonard Trust, Zachary Sussman, SP III and Barbara Johnson, Roger and Linda Kaiser, Sally Stockton Revocable Trust, Van W. and La Nelle Witt, Robert Bean, Janice Bell, Stokes Trust, Paula Campbell, David Sorenson, Ronald and Martha Mayer, Hultman Family Trust, Mario and Ilsa Gutierrez, Sue Hanson McBride, James and Ellen Castle, Guy and Holly Tipton, William and Susan Clem, Corn Revocable Living Trust/Owners. Chair Brown asked for input from affected property owners. Stuart Shanor, 2715 Coronado Drive, stated he had concerns about the proposal. He stated if the Commission were to consider R-2 District zoning, he would protest the decision. He stated if the Commission were to consider R-1 District zoning, he would support it. He discussed the position paper he had filed with the Commission. Mr. Jaramillo stated the current development would not be affected and that the PUD would not change. He stated the existing PUD has townhomes and single-family homes and that it would be fitting for R-2 District but that a PUD can contain multiple types of housing. Mr. Vickers stated revisions to Zoning Ordinance No. 10-02: Amended made it possible to have townhomes in lower-density districts. He stated PUDs are no longer considered districts and that underlying districts are established. He stated buffer zones with R-3 or R-4 District surrounding commercial is ideal. Mr. Armstrong asked if single-family and townhomes are both designed in a PUD and the chance of future development is slim, why does the issue need to be addressed. Mr. Vickers stated all PUDs in the City would be assigned underlying zoning designations because PUDs are no longer zoning districts. Mr. Armstrong asked if the PUD met the requirements in place at the time it was created. Mr. Jaramillo stated PUDs were considered zoning districts but are not anymore. Chair Brown stated the PUD sounded like it should be an R-1 District. Mr. Cortez asked if the PUD would remain in place. Mr. Vickers stated it would. MOTION Mr. Cortez made a motion to assign a zoning designation of R-1 District in Case 13-034 based on Findings of Facts and Conclusions of Law with the removal of Findings of Fact #3 and #4 and the addition of #8 to state that a position paper of protest was received. Mr. Armstrong 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. Carrillo made the second. The motion passed by a vote of seven to zero. CASE 13-035: A Designation of a Zoning District for an Existing Planned Unit Development- La Sierra Townhomes Subdivision, Lots 1-15 of La Sierra Townhomes PUD Subdivision and Lots 16A-21A of La Sierra Townhomes Replat; 1-21 Jack McClellan Drive, La Sierra, LLC., Barbara McClellan, Jane Grubb, and Smith Revocable Trust/Owners. Mr. Jaramillo stated the PUD had been modified in 2011 to allow for varying lot sizes. He stated La Sierra Townhomes was designed for townhomes but now accommodates single-family homes. He stated it is surrounded by R-1 District and is only developed in the center of the PUD. He stated it is a private, gated community and that all infrastructure is in place. He stated R-4 District is located across the street. Chair Brown asked if townhomes are allowed in R-1 District. Mr. Jaramillo stated no; however, a PUD can be modified to allow them because it overlays the district. Mr. Cortez stated with a church and commercial development nearby he believed it is more similar to R-2 District. Mr. Vickers stated the church is residentially zoned and that this PUD is different from the one in the last request. MOTION Mr. Armstrong made a motion to assign a zoning designation of R-1 District in Case 4 13-034 based on Findings of Facts and Conclusions of Law. Mr. Carrillo 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 13-036: A Designation of a Zoning District for an Existing Planned Unit Development- Sulimar Subdivision, Lots 1-49 of Amended Sulimar Subdivision No. 1 and Tracts D and E of Sulimar Subdivision Summary Plat No. 2, located on the south side of the 600 Block of West Berrendo Road, McClellan Oil Corporation and First Baptist Church/Owners. Mr. Jaramillo stated the PUD had not been developed. He stated high-density development exists to the east and low-density to the west. He stated Staff suggests R-2 District as to fit the PUD's original plan for townhomes, duplexes, and single-family homes. He stated the proposed townhomes would have abutted the Mobile Home Community. He stated the next case, 13-037, would be a request to terminate the PUD. Mr. Gwartney asked if the owner requested a particular zoning. Mr. Jaramillo stated they would support R-2. Mr. Najar stated the owner agreed to R-2 District to act as a buffer and that Mike Douglass had acted as a representative at the meeting. MOTION Mr. Armstrong made a motion to assign a zoning designation of R-2 District in Case 13-036 based on Findings of Facts and Conclusions of Law. Mr. Gwartney 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 13-037: A Termination of a Zoning District for an Existing Planned Unit Development- Sulimar Subdivision, Lots 1-49 of Amended Sulimar Subdivision No. 1 and Tracts D and E of Sulimar Subdivision Summary Plat No. 2, located on the south side of the 600 Block of West Berrendo Road; McClellan Oil Corporation/Owner. Mr. Najar stated the developer had not followed through on the PUD and that the next case is a replat of the property. Mr. Armstrong asked if the developer would have to come back with new plans for a PUD. Mr. Vickers stated they would have to come back with plans for a new subdivision. Mr. Cortez stated he would amend Finding of Fact #4 to make it clearer. He stated removing "but not any possible" from #4. MOTION Mr. Cortez made a motion to terminate Sulimar Subdivision in Case 13-037 based on Findings of Facts and Conclusions of Law with the amendment of Finding of Fact #4 to remove "but not any possible." 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. Gross made the second. The motion passed by a vote of seven to zero. CASE 13-038: A Vacation Replat of Amended Sulimar Subdivision No. 1 and Tracts E of Sulimar Subdivision Summary Plat No. 2, located on the south side of the 600 Block of West Berrendo Road; McClellan Oil Corporation/Owner, Smith Engineering/Agent. 5  Mike Douglass of Smith Engineering, agent, stated the assurance agreement for the subdivision had expired. Mr. Najar stated it would provide a clean slate to work with and would allow Missouri Avenue to continue on from Mescalero Road to Berrendo Road. Mr. Carrillo asked what utilities would be provided. Mr. Najar stated the developer would responsible for any utilities and that the water line had been placed as far as First Baptist Church. Mr. Jaramillo stated the Missouri Avenue right-of-way would remain and that two tracts would be created. MOTION Mr. Cortez made a motion to recommend approval by City Council of the Vacation Replat of Sulimar Subdivision in Case 13-038 based on Findings of Facts and Conclusions of Law with the amendment of Finding of Fact #8 to say that Missouri Avenue would continue through to Berrendo Road. Mr. Carrillo made the second. The motion passed by a vote of seven to zero. An Amendment to Zoning Ordinance No. 10-02: Amended Mr. Jaramillo spoke regarding proposed changes to the Ordinance and presented aerial maps showing East 2nd Street from Orchard Avenue to Railroad Avenue. He stated the presented amendments had been approved by the Planning and Zoning Committee. Mr. Vickers and Mr. Jaramillo discussed proposed changes to the definition of Special Uses in the Ordinance. Mr. Vickers stated the definition had been created with assistance from the Chaves County Planning Director Anders Sheridan. Mr. Jaramillo stated an amendment to Article 14 would require RVs and travel trailers to be mobile and would not allow them to be stored on blocks. Mr. Vickers stated Article 15 removed Section 2.A.1for clarification. Mr. Vickers spoke on Medical Marijuana Distribution Centers as a Special Use in C-2 Districts. He stated they are permitted by the State, as well as private growth licenses, and that secrecy cannot be maintained with a public hearing required for a Special Use. He stated marijuana's illegal status per the Federal government was cited by the Committee as a reason to remove it from the Ordinance. Mr. Vickers and Mr. Jaramillo discussed the processes for medical marijuana distribution centers to be licensed. Mr. Jaramillo stated licensed distributors are allowed to come to the City to provide patients with marijuana. Mr. Cortez asked if there was a conflict with State law and stated that the Roswell Police Department is alerted of individual growers per State law. Mr. Kalunki discussed licensing distribution centers. Chair Brown asked if would be possible to allow the Council to decide. Mr. Cortez stated Council had already approved it in the last Ordinance. Mr. Cortez stated he wished to recuse himself because his firm had been contacted by possible distributors to determine locations within the City. Mr. Gwartney stated it could fall under medical distribution and Mr. Vickers stated it could be considered a warehouse. Mr. Gwartney stated it would be best to take it out as a Special Use and allow it to fall under #27, "Any other use that meets the intent and purpose of this Article and is similar and comparable to those uses listed above." The Commission agreed to remove it as a Special Use. Mr. Jaramillo distributed a handout regarding Article #18 and amendments to the C-4 Westside Business District. Mr. Vickers stated allowing the C-4 District to expand to all of 2nd Street would reduce restrictions to developers on East 2nd Street. Mr. Armstrong asked why businesses on East 2nd Street couldn't individually apply for a C-4 District designation and asked why the amendment was required. Mr. Jaramillo stated the C-4 District is limited to West 2nd Street and that those on East 2nd Street wouldn't be able to apply. Mr. Armstrong stated businesses on West 2nd Street had opposed to the regulations in the C-4 District. Mr. Jaramillo stated some may prefer to abide by the regulations than attempt to obtain a variance for which they may not be eligible. He stated the zoning would not be changed for any individual lots but they would be able to apply for it. Mr. Armstrong asked where the idea came from. Mr. Jaramillo stated developers had brought the idea to Staff. Mike Douglass, Smith Engineering, stated he had been approached about the idea from developers and would be representing a client in the next month. Mr. Cortez stated he would be recusing himself from the vote because his firm had been approached by possible developers. Mr. Carrillo stated the property owners could bring it up. Mr. Vickers stated it would not be grounds for a variance. Mr. Gross stated it would unlock some properties with restrictive setbacks to potential development. Mr. Jaramillo stated he had discussed the issue of reducing required lot sizes in the R-3 District with an amendment to Article 22 with Todd Wagener and Barbara Patterson. Mr. 6 Jaramillo stated it would enable developers to build townhomes with common walls on smaller lots. MOTIONS Mr. Cortez made a motion to approve the amendments to Article 3, Section 8.A. Mr. Gwartney made the second. The motion passed by a vote of seven to zero. Mr. Armstrong made a motion to approve the amendments to Article 14, Section 2. A and B. Mr. Gwartney made the second. The motion passed by a vote of seven to zero. Mr. Cortez made a motion to approve the amendments to Article 15, Sections 2.A and 2.B. Mrs. Childress made the second. The motion passed by a vote of seven to zero. Mrs. Childress made a motion to approve the amendments to Article 15, Section 2.B. Mr. Gwartney made the second. The motion passed by a vote of six to zero. Mr. Cortez recused himself. Mr. Gwartney made a motion to not approve amendments to Article 18 pending review in 2015. Mrs. Childress made the second. The motion passed by a vote of six to zero. Mr. Cortez recused himself. Mr. Armstrong made a motion to approve amendments to Article 22. Mrs. Childress made the second. The motion passed by a vote of seven to zero. ____________________________________________________________________________ Meeting Dates for 2014 Mrs. Childress made a motion to approve the meeting dates of 2014. Mr. Armstrong made the second. The motion passed by a vote of seven to zero. Mrs. Childress made a motion to cancel the December 2013 meeting. Mr. Carrillo made the second. The motion passed by a vote of seven to zero. ____________________________________________________________________________ Other Business: Mr. Jaramillo stated no meeting would be held in December due to software upgrades for Staff's records. The meeting was adjourned at 9:02 p.m. Chair Ralph Brown Vice Chair Shirley Childress _________________________________ _________________________________ 7