Planning & Zoning Commission

PLANNING & ZONING COMMISSION Minutes to the February 25, 2014 Meeting Members Present: Mr. Ralph Brown Chair Ms. Shirley Childress Vice Chair Mr. Eddie Carrillo Secretary Mr. Toby Gross Member Mr. David Storey 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. AGENDA Mr. Jaramillo stated approval of the agenda had been added to allow the Commission to set the order of cases for the meeting. Ms. Childress made a motion to approve the agenda as presented. Mr. Gwartney made the second. The motion passed by a vote of seven to zero. MINUTES The minutes of the January 28, 2014 meeting were not included in the packet. INFORMATION ITEMS Chair Brown welcomed David Storey to the Commission. SWEARING IN Chair Brown swore in the audience and Staff. Chair Brown asked if the Land Use and Zoning Considerations and Finding of Facts would be read out loud. Ms. 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 stated he would like to hear them read. Ms. Childress withdrew her motion. Mr. Gwartney made a motion to waive the reading of the ‘Land Use and Zoning Considerations’ for the following case. Mr. Armstrong made the second. The motion passed by a vote of seven to zero. Chair Brown asked if the Findings of Facts were Staff recommendations. Mr. Jaramillo stated they are. Mr. Jaramillo stated it could be discussed later. Ms. Copeland read the Findings of Facts. CASE 14-04: A Zone Change from C-4 District to R-3 District, Lots 8 and 9, Block 2 of Wrights Subdivision, as they are divided by deed; known as 1107 and 1109 West 1st Street and 101 North Ohio Avenue, Gregory Joseph Shamas/Owner Gregory Shamas, owner, spoke in favor of the request. He stated he was born and raised in Roswell and now lives in Rio Rancho. He stated his family had owned the lots in the request for sixty years. He stated the home at 1109 West First Street had burned down and that he had been left with the decision to either leave the lots empty or to attempt to obtain a zone change so that they could be developed with residential units. He stated he would like to build three new homes for sale and raise the tax base for the City. Mr. Shamas stated he felt the businesses in the area would benefit as well. Mr. Storey asked Staff if the property to the north was one lot or two. Ms. Copeland stated they were two lots under one tax ID number. Mr. Storey asked if the zone change would require a 35' side yard setback on the 50' wide lot to the north and if the setback requirement could be waived or the existing 0' setback could be grandfathered in. Mr. Jaramillo stated the existing storage building to the north would be allowed to remain as a legal non-conforming use and could be matched for development along Ohio Avenue. He stated any changes to the setbacks for those lots would require a separate variance. Mr. Jaramillo asked Mr. Shamas if the homes he plans to build would be single-family units. Mr. Shamas stated they would be single-family. Mr. Armstrong asked if Mr. Shamas would consider multi-family housing. Mr. Najar stated the case would need to be postponed until the next meeting to allow for re-advertisement of the request. He stated it would allow development of the property while not changing the setback requirement for the commercial lot to the north. He asked if the applicant would be willing to postpone the case. Mr. Storey asked Staff if single-family development is allowed in the C-4 District and Mr. Jaramillo stated they are only allowed as secondary uses to commercial uses on the same lot. Mr. Storey stated he noticed several single-family homes in the C-4 District. Mr. Jaramillo stated three legal non-conforming single-family uses exist in the area. Mr. Shamas asked what would be required to combine the lots. Mr. Jaramillo stated a summary plat would need to be done by a surveyor. Mr. Gross stated he hoped Mr. Shamas could find a way to develop the lots. Ms. Patterson stated tabling the request would only hold it until the end of the meeting but postponing would mean it would be heard at a future meeting. Mr. Shamas stated he would take the next month to study the cost differences between single- and multi-family housing developments. He stated his goal was to make quality, low-cost housing available for purchase and develop the lots. MOTION Ms. Childress made a motion to postpone Case 14-04 until the March 25, 2014 meeting. Mr. Gross made the second. There was no further discussion. The motion passed by a vote of seven to zero. Mr. Storey recommended Mr. Shamas discuss options with Staff. Ms. 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 14-06: A Change to a Planned Unit Development- Fred Pool Subdivision Summary Replat 2nd Correction, Lot 1 of Fred Pool Subdivision Summary Replat 2nd Correction; located on the south side of the 700 Block of East College Boulevard, Smith Engineering/Agent, Robert and Pauline Amador/Owners Scott Hicks of Smith Engineering, agent, spoke in favor of the request. He stated the owners had purchased the property near the beginning of the year and that it is comprised of a mobile home park and small RV park at the corner of North Atkinson Avenue and East College Boulevard, as well as the vacant property to the west. He stated the owners wished to amend the PUD to allow a separate RV park on the vacant property. He stated a development plan had been provided to the Commission. Mr. Jaramillo stated Findings of Facts #1-7 were to be answered by the applicant. Mr. Armstrong stated similar uses are existing in the area and asked what is different about the request. Mr. Jaramillo stated the applicant could answer that question better than Staff. Mr. Hicks stated the questions in Findings of Facts had been addressed by the development plan. He stated the differences would be that RV spaces are smaller and are not permanent. He stated laundry and bath facilities would be provided. He stated the utilities are already in place and that consideration had been given to emergency vehicles. Mr. Najar stated Staff had reviewed the plans and that they were adequate from an engineering perspective. MOTION Ms. Childress made a motion to recommend approval by City Council of Case 14-06 based on Findings of Facts. Mr. Carrillo made the second. The motion passed by a vote of seven to zero. 2  Ms. 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 14-07: A Variance to Zoning Ordinance #10-02: Amended, Article 27, Section 2.8- "Prohibited Signs in the Right-of-Way", Lots 1-16 including the vacated alley of Block 51, West Side Addition; known as 400 North Pennsylvania Avenue, Connie Harrell/Agent, First National Tower, Ltd./Owner Sona Osmani, applicant, spoke in favor of the request. She stated her husband had begun his medical practice ten years ago and was now in private practice at 400 North Penn Plaza on North Pennsylvania Avenue. She stated his medical office is difficult to find for some patients and that they wished to place a sign in the right-of-way to help them locate it. She stated it would be placed on the east side of the lot. She stated his practice is orthopedic urgent care and that it is important for patients with spinal and other injuries to be able to find it quickly and easily. Connie Harrell, agent, spoke in favor of the request. She stated the owners agree with the Ordinance and that they believe they are requesting a variance in accordance with the stipulations set forth by the Ordinance. She stated it is a benefit to the public as an orthopedic clinic, that it would be an asset to the public, that two preexisting signs are already in place in the right-of-way, and that the sign would not exceed the size of those preexisting signs. Mr. Jaramillo stated Staff does not support the request. He stated Staff understands patients must find the office but that a sign in the right-of-way would not be more effective than a sign within the property lines or on the building. He stated seven legal non-conforming signs currently exist on that block which were installed in the 90s. He stated adequate space may exist on the lot for a monument sign. He stated that with a twelve-story building, it's possible all tenants may want their own signs in the right-of-way. Ms. Harrell stated the sign would interfere with pedestrian and vehicle traffic if it were placed in the parking lot. Mr. Jaramillo stated it would be in compliance if placed in the parking lot. Ms. Harrell stated she did not understand why it would be better to place it in the parking lot as opposed to the grassy area. Mr. Carrillo asked what situation could cause each tenant wanting to place their own signs in the same location. Ms. Harrell stated it would require landlord approval. Mr. Jaramillo stated it would not and that it would only require a variance. Mr. Carrillo stated tenants would be asking for variances. Ms. Harrell asked why the property owner had to sign the application. Mr. Jaramillo stated he was not sure who had asked the owners to sign. Ms. Harrell stated the City of Roswell Application for a Variance required a signature from a property owner. Mr. Jaramillo stated they were not the owner of the right-of-way. Ms. Harrell stated First National Tower was of the opinion they had owned and maintained the right-of-way for over thirty years, including the sidewalks and grounds. She stated the preexisting signs are in the right-of-way, not the parking lot. Mr. Armstrong stated seven existing legal non-conforming signs are in the right-of-way and asked what that meant. Ms. Patterson stated the Sign Ordinance was enacted in 2010 and that signs installed before that were grandfathered in. Mr. Armstrong asked if a variance is the proper way to approach the situation and Ms. Patterson stated that was correct. Ms. Patterson stated the rules have changed and that signs in the right-of-way are prohibited but that a variance can be requested. Ms. Harrell stated the urgent care is in the best interest of the community. Ms. Childress asked if the sign would be only for that applicant. Ms. Harrell stated the owner would not sign the application or support the request for any other tenants. Mr. Gwartney stated numerous signs on the building would lead to a cluttered appearance. Ms. Childress stated the property has always been well maintained. Mr. Jaramillo stated anyone can apply for a variance to place a sign in the right-of-way and that those with businesses in other places in town may apply to place signs in the same location. Chair Brown stated a lot of work had gone into the Sign Ordinance and asked if more signs to be added to those grandfathered in. Mr. Gross asked if a marquee sign could be used for multiple tenants. Ms. Harrell stated no other tenants had requested signs. She stated Doctor Osmani has an office on the first floor and that the owners would not approve a sign on the building. Mr. Gross stated he could see the importance of the sign but that other tenants could make similar requests. Ms. Patterson stated the right-of-way is an irrevocable gift and that the City can exercise dominion over it. She stated the other tenants could make the same request. Mr. Storey stated Rains Surveying, which does not have an office in the building, could request a sign there. Mr. Najar stated it would be similar to billboards along highways. Chair Brown reminded those present that 3 any appeals must be in by the following Thursday at noon. Mr. Gross asked if alternatives were available and Mr. Jaramillo stated there were none Staff could see. Mr. Najar stated they could do as they wished if it were on their own property. Ms. Childress stated each tenant wishing to place a sign in the right-of-way would require their own variance. Mr. Jaramillo stated Findings of Facts are necessary to support approval or denial. Ms. Osmani stated the sign is for an orthopedic urgent care which is unique for the City. MOTION Mr. Carrillo made a motion to approve Case 14-07 based on Findings of Facts #1 and #2. Ms. Childress made the second. The motion passed by a vote of five to two. Ms. 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 14-08: A Final Plat- Sherrill Lane Estates No. 3, Lot 1 of Sherrill Lane Estates; known as 320 West Sherrill Lane A, B, and C, Wagener Engineering/Agent, 320 West Sherrill Lane, LLC/Owner Todd Wagener of Wagener Engineering spoke in favor of the request. He stated the property is zoned R-4 District and that the minimum lot size requirement for townhomes in that zoning had been reduced within the last few months. He stated the lot size requirement is now 3,000 square feet and that the three existing townhomes could now have their own individual lots. He stated the owners may wish to do a PUD in the future. Mr. Storey asked if the townhomes would be sold individually and how the ownership currently works. Mr. Wagener stated the townhomes are currently on one lot so separate owners are not possible. He stated the units all share common walls and that the lot lines run between the walls, which are actually two separate walls. He stated covenants will be written to ensure the owners are protected regarding damage to the shared walls. Mr. Jaramillo stated Staff supports the request. MOTION Ms. Childress made a motion to recommend approval by City Council of Case 14-07 based on Findings of Facts. Mr. Gross made the second. The motion passed by a vote of seven to zero. Other Business: Mr. Jaramillo stated a workshop would be held in April to discuss the Comprehensive Master Plan. Mr. Gross asked that a reminder be sent before that workshop. Ms. Patterson stated the City Attorney position was being advertised again. The meeting was adjourned at 8:11 p.m. Chair Ralph Brown Secretary Eddie Carrillo _________________________________ _________________________________ 4