Planning & Zoning Commission

PLANNING & ZONING COMMISSION Minutes to the January 28, 2014 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 Ms. Barbara Patterson 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. MINUTES Chair Brown called for approval of the minutes of the November 26, 2013 minutes. Mr. Carrillo 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. Gross made the second. The motion passed by a vote of seven to zero. CASE 14-01: A Zone Change from R-1 District to R-3 District, Lots 8, 9, 10, and a portion of lot 11, Block 24 of Original Roswell Subdivision and Lots 12, 13, 14, and 15 of Rhea's Subdivision, Phillip Hutsell/Agent, Charles and Vera Fenzi, Lydia Meeks, Martha Bean, Mike Tellez/Owners Phillip Hutsell, agent, spoke in favor of the request. He stated he and his wife had moved into the house and wanted to open a bed and breakfast to offer visitors a chance to stay at an historic home. He stated the bed and breakfast would have two to three guest rooms and that the home had adequate parking for both the owners and guests. Sarah Kelly, 700 North Pennsylvania Avenue, spoke against the request. She stated her family has lived in their home for ten years and were invested in the neighborhood. She stated her the neighborhood is family-based residential and that several homes in the immediate vicinity had young children. She stated they are located in the Historic District with unique and beautiful homes. She stated it was important that the zoning process be done carefully and that the character of the neighborhood not be diminished. She stated she believed the applicants had moved into the home within the last month and that no information on the proposed bed and breakfast had been provided with the Zone Change application. She stated a lack of information on how the request would affect the neighborhood obligated her to protest the case. Mrs. Kelly stated she would like information on the proposed maximum occupancy, rooms to be let, lighting, and signage. Joanne De Michele, 707 North Pennsylvania Avenue, spoke against the request. She stated she is the owner of Lot 11. She asked for clarification on the legal descriptions in the request. She stated she shares a driveway with the applicants and that her concerns include noise, privacy, and safety. Mrs. De Michelle stated there is very little parking in the Historic District with most houses having two parking spaces. She stated traffic at the intersection of 8th Street and Pennsylvania Avenue is dangerous. She stated the proposed Zone Change incorporates several properties and read a listing of possible Permitted and Special Uses in the R-3 District. She stated commercial uses change the marketability of the neighborhood. She stated the Main Street Master Plan and the 2005 Comprehensive Master Plan recommend the area to be residential. She asked if the Special Use could be granted without a Zone Change. Peter Kelly, 700 and 706 North Pennsylvania Avenue, spoke against the request. He stated he shared the concerns of the other residents and asked that the property be kept residential. He stated he operates a home occupation from 700 North Pennsylvania Avenue and that 706 North Pennsylvania Avenue is a rental property. Mr. Jaramillo stated the applicants were all necessary for contiguous zoning and that a bed and breakfast is not allowed in an R-1 District as a Permitted or Special Use. He stated Case 14-01 is only for a Zone Change and not for a Special Use Permit and that details of the possible bed and breakfast have not been established. He stated 707 North Pennsylvania Avenue has a legal non-conforming secondary residential structure in the rear of the lot which is not permitted in the R-1 District. He provided the Commission with a map showing which homes on the block had legal non-conforming secondary residential structures on their lots and discussed the multi-family residential property one block to the north. He stated the R-3 District would protect the secondary homes and bring them into compliance. Mr. Jaramillo stated the Comprehensive Master Plan is due for renewal and update and that commercial zoning is spreading west of Main Street. He stated the R-3 District has a larger list of possible Special Uses. Mr. Carrillo asked if Martha Bean and Mike Tellez were present to speak for the case and Mr. Jaramillo stated they were not. Devona Hutsell spoke in favor of the request. She stated she had spoken with Mrs. Bean and Mrs. Bean is an elderly woman who was not able to attend. She stated Mrs. Bean was in favor of the request and that Mrs. Bean felt that her own property would be ideal for a professional office. Mrs. Hutsell stated Mr. Tellez lives out of state and that his home is empty and is frequently vandalized. Mrs. Hutsell stated she and her husband were doing a lease-to-own deal on the home and that it had been for sale for four years. She stated she and her husband had no investment in the home and that she understood the neighbors did have a vested interest in theirs. She stated she believed the Zone Change would be best for the City. Mrs. Hutsell stated guest parking would be located in the front portion of the lot and the owners' parking would be in the rear portion. She stated no street parking would be necessary. Mrs. Hutsell stated she understood the City has regulations on signage so that it does not become obtrusive and that she understands the concerns of the neighbors. She stated the Meeks, co-applicants who live in the home directly to the east, planned to continue living in their home. Mrs. Kelly stated she had spoken to Mrs. Bean and that Mrs. Bean had agreed to the Zone Change to avoid having the home at 215 West 7th remain vacant. Mrs. Childress asked Staff if the additional uses in the R-3 District would be permitted with the Zone Change and Mr. Jaramillo stated they would. Mrs. Childress asked if the Commission could ask the applicants to meet with the concerned neighbors to have them work out their differences. Mr. Jaramillo stated it would be up to the applicants. Mr. Cortez asked if the area to be Zone Changed is less than one acre and Mr. Jaramillo stated it is. Mr. Cortez stated indirect testimony regarding applicants' motivations could not be taken into account. He asked what the right-of-way of Pennsylvania Avenue measured and asked for accident counts on Pennsylvania Avenue and 8th Street. Mr. Najar stated the right-of-way for Pennsylvania Avenue is 100' with a street width of 34' from curb to curb. Mr. Najar stated 8th Street is a Minor Collector and that studies conducted every other year do not support making the intersection a four-way stop. Mr. 2 Jaramillo stated more than 20% of property owners within 100' had protested the request and that a 2/3 majority vote would be required to approve it. Mr. Kelly stated he had not understood the request was only for a Zone Change and asked that the process begin again with the Commission taking into account the fact that the Special Use was not the request being considered. Chair Brown stated the Commission understood that the Zone Change was the only request being heard. Mrs. Kelly stated the Special Use was the only rationale given for requesting the Zone Change. Mr. Armstrong stated the Special Use had nothing to do with the current request. Mr. Cortez stated the Zone Change was necessary for the Special Use and that the applicants had been forthcoming regarding their intentions. Chair Brown asked the Commission to review Permitted and Special Uses listed in the R-1 and R-3 Districts. MOTION Mr. Armstrong made a motion to deny Case 14-01 based on Land Use Considerations, Findings of Facts, and testimony presented. Mrs. Childress made the second. There was no further discussion. The motion passed by a vote of seven to zero. Chair Brown informed the applicants of procedures for appealing the decision. 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 14-02: A Zone Change from C-2 District to C-4 District, Lot 44 of Belle Plain Subdivision; 909 East 2nd Street, Smith Engineering/Agent, 444 Real Estate, LLC./Owner Mike Douglass of Smith Engineering, agent, spoke in favor of the request. He stated the owner wished to rezone the property to C-4 District to reduce the required rear yard setback from 35' to 5'. He stated there is currently a building on the rear property line which the owner plans to demolish so that a new one may be built 24' from the rear property line. He stated it is not practical for trucks to turn from 2nd Street onto the property with the setbacks required by the C-2 District. He stated the Zone Change would allow for the property to be developed. Mr. Armstrong stated a 6' screen fence would be required and asked Staff if that would be the same in the C-4 District on West 2nd Street. Mr. Jaramillo stated both districts would require the screen fence. He stated Staff supports the request and that it will provide infill. Mr. Cortez asked about the expansion of the C-4 District and Mr. Najar stated it was approved by Council for individual lots to apply for it. MOTION Mr. Gwartney made a motion to approve Case 14-02 based on Findings of Facts. Mr. Gross made the second. The motion passed by a vote of seven to zero. Mrs. Childress and Mr. Cortez recused themselves. Mr. Armstrong made a motion to waive the reading of the ‘Land Use and Zoning Considerations’ and ‘Finding of Facts’ for the following case. Mr. Carillo made the second. The motion passed by a vote of seven to zero. CASE 14-03: A Designation of a Zoning District for an Existing Planned Unit Development (PUD)- Tuscany West Subdivision, Lots 1-36 of Tuscany West Subdivision, located at the 400-500 block of Viale Bond Tuscany West, LLC., Joseph and Janet Jankowski, John and Dorothy Herring, John Charles Koenig, Marshall Revocable Trust, Paul and Ann Herring, Tucker Renovations, Inc., George and Barbara Rizzo, Carl Edward and Dean Day, Stephani Greathouse, Diane Coston, Kunko 2010 Living Trust, Janlee Zumwalt, Richard Wiles, Robert and Konstance Nelson, Christopher Stokes, Madison Vickers, Judith Armstrong, Brad Ussery, Lisa McClellan, SBBB, LLC., Ian Glahn, Bishop Living Trust, Martin and Linda Kral, Clark and Beverly Elliott, Jessica Leigh Atkins, Curtis Trust, Alfred and Rita Keeling/Owners 3  Mr. Jaramillo stated he, Mr. Najar, and Ms. Copeland had met with several owners from Tuscany West to discuss the most appropriate zoning for the subdivision. He stated Tuscany West was originally designed for townhomes and the development plan was changed to also allow for four single-family homes. He stated Staff and the residents who attended the meeting support R-1 District. Mr. Jaramillo stated the PUD protects the townhomes and that the R-1 District guarantees no duplexes could be built there. Mr. Najar stated the R-1 District would exist underlying the PUD. Mr. Gross asked if those who had attended the meeting were present for the hearing. Mr. Najar stated those present were there to ensure Staff followed through with their wishes. MOTION Mr. Gwartney made a motion to designate a zoning of R-1 District in Case 14-03. Mr. Armstrong made the second. The motion passed by a vote of five to zero. Other Business: Mr. Jaramillo stated a citizen wished to speak to the Commission regarding covenants. Mr. Cortez stated covenants are private agreements between sellers and owners. Mr. Jaramillo stated the City does not enforce covenants but that the citizen wished to voice her concerns. Ms. Patterson stated it is a civil matter and that the Commission could hear the comments but could not act on them. Linda Gilmore spoke regarding changes to the covenants for Tijmor Subdivision. She provided the Commission with a handout regarding changes to the covenants and stated they had been amended without proper notification. She stated homes were being built differently than those already in the subdivision and that property values would suffer. She stated the residents were looking for help and asked that an ordinance be drafted regarding covenants. Chair Brown stated the Commission had no legal standing to intervene and suggested Mrs. Gilmore speak with her City Councilor regarding a possible ordinance. Mrs. Gilmore stated she had spoken to Councilor Jimmy Craig and he had said he would not bring it to Council. Mr. Armstrong advised Mrs. Gilmore speak to an attorney. Mr. Cortez discussed State laws regarding subdividers and disclosure statements. Mr. Jaramillo stated the Commission would be asked for their input regarding change to the Comprehensive Master Plan over the next few months. Mr. Cortez stated he was resigning from the Commission and thanked Staff and his fellow Commissioners for the experience of serving on the Commission. He also added that the Seahawks would certainly beat the Broncos in the Superbowl. The meeting was adjourned at 8:08 p.m. Chair Ralph Brown Secretary Eddie Carrillo _________________________________ _________________________________ 4