Planning & Zoning Commission

PLANNING & ZONING COMMISSION Minutes to the April 29, 2014 Meeting Members Present: Mr. Ralph Brown Chair Ms. Shirley Childress Vice Chair Mr. Eddie Carrillo Secretary Mr. Toby Gross Member Mr. Riley Armstrong Member Mr. David Storey Member Members Absent: Mr. Bruce Gwartney Member Council Present: None Staff Present: Mr. Louis Najar City Engineer 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 Ms. Childress made a motion to approve the agenda as presented. Mr. Armstrong made the second. The motion passed by a vote of six to zero. MINUTES Mr. Carrillo made a motion to approve the minutes of the March 25, 2014 meeting. Mr. Gross made the second. The motion passed by a vote of six to zero. INFORMATION ITEMS There were no information items. ELECTION OF OFFICERS Mr. Jaramillo stated the offices of Chair, Vice Chair, and Secretary were up for election. Mr. Carrillo made a motion to nominate Ralph Brown for the office of Chair. Mr. Gross made the second. The motion passed by a vote of six to zero. Mr. Carrillo made a motion to nominate Shirley Childress for the office of Vice Chair. Mr. Armstrong made the second. The motion passed by a vote of six to zero. Mr. Gross made a motion to nominate Eddie Carrillo for the office of Secretary. Mr. Armstrong made the second. The motion passed by a vote of six to zero. SWEARING IN Chair Brown swore in the audience and 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. Gross made the second. The motion passed by a vote of six to zero. CASE 14-11: A Variance of 5' to the Required 10' Setback Between Structures, A Variance of 15' to the Required 15' Street Side Yard Setback for Accessory Structures, and A Variance to Zoning Ordinance #10-02: Amended, Article 23, Section 4: Structures in the Right-of-Way, Lot 1, Block 4 of North Plains Park  Subdivision #3; known as 44 Ridgecrest Drive, Jose Felix and Rosa Maria Velazquez/Owners Jose Felix Velazquez, agent, spoke in favor of the request with the aid of his son, whose name was unknown, as interpreter. Mr. Velazquez stated he did not know he was in violation of the Ordinance and that he had spent his savings to build the structure. Juan Chavez, 45 Ridgecrest Drive, spoke in favor of the request with the aid of an interpreter. Mr. Chavez stated he did not think it should be taken down and that it was not bothering anyone. Mr. Jaramillo stated letters of protest had been received and that they comprised less than 20% of property owners within 100', meaning that a 2/3 majority vote was not necessary. He stated half of the structure is in the right-of-way. He stated one protestor had applied for a similar permit and had been denied. Mr. Carrillo asked if the structure had been built to code and if it met the requirements for a variance. Mr. Jaramillo stated the lot is not oddly-shaped and has no topographical issues and that the structure had been built without a permit. He stated Miller Butts, Building Official, had found the structure after an anonymous complaint. Mr. Jaramillo stated Ms. Copeland sent a letter to the owner informing him of the violation and that the owner had then decided to apply for a variance. Mr. Jaramillo stated Staff debates how much of the public right-of-way property owners are responsible for maintaining and how much must remain open. He stated a variance remains with the property. Mr. Storey asked if the structure was on a slab. Mr. Velazquez stated it is not and that it is set on posts poured into concrete. Mr. Najar stated Staff has no problem with fences in the right-of-way but that structures are a different matter. Mr. Brown asked if it could be relocated to a different location on the property. Mr. Jaramillo stated the home occupies almost all of the buildable area but that it could possibly be placed in the driveway for a carport. Mr. Storey asked for the width of the right-of-way. Mr. Najar stated it is 60'. Ms. Childress asked if the structure would have to be removed if the request was denied. Mr. Jaramillo stated it would. Mr. Gross stated he appreciated how hard the applicant had worked to build the structure and understood the money that had gone into it, but that it was built without a permit and did not meet the requirements for a variance. He asked if the applicant could apply for a permit and Mr. Jaramillo stated Staff would have to deny it based on Zoning Ordinance No. 10-02: Amended. Mr. Najar stated Staff would ideally try to work with the applicant to find something that would work. He stated if a variance were granted then similar requests would appear. Chair Brown stated he felt badly but that numerous violations were present and three variances would have to be granted. MOTION Mr. Armstrong made a motion to deny Case 14-11 based on Findings of Facts. Ms. Childress made the second. The motion passed by a vote of six to zero. Chair Brown explained the process of appeal to the applicant. 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 six to zero. CASE 14-12: A Final Plat- Buffalo Wild Wings Subdivision Plat, Tract 1 of the UFO Museum Boundary Replat, located on the east side of the 700 Block of North Main Street, UFO Museum/Owner, Michael Dixson/Agent Bill Davis, agent, spoke in favor of the request. He stated the property is a prime one for development that has been vacant for a few years. He stated the developer is a large one in New Mexico and other western states. He stated the proposal would replat the tract with the front half being developed as two lots with a Carl's Jr. and a Buffalo Wild Wings. Mr. Jaramillo stated the tract had originally been 14 separate lots. He stated the alley had been vacated and the lots combined into one tract a few years ago. He stated the developer wished to divide it into three tracts with Tract 3 along Virginia Avenue zoned I-1 Industrial and Tracts 1 and 2 along Main Street zoned C-2 Commercial. Mr. Storey asked if that was the current zoning and Mr. Jaramillo stated yes. Mr. Storey asked if the 25' utility access easement would remain and Mr. Jaramillo stated yes and would remain with Tract 3. Mr. Najar stated it would not be a City alley. He stated the developer originally wanted a driveway in the center of the lot which 2 was opposed by Staff and that the ingress and egress would be placed on 7th and 8th Streets. Mr. Storey asked if the New Mexico Department of Transportation (NMDOT) had considered a traffic signal at that intersection. Mr. Najar stated review may take place again at a later date. Chair Brown asked if a recommendation was to be made to Council and Mr. Jaramillo stated yes. Mr. Najar stated Buffalo Wild Wings would be on the north side of the lot and Carl's Jr. would be on the south side. Mr. Storey asked who owned the property and Mr. Jaramillo stated the UFO Museum. Mr. Davis stated the UFO Museum would still market the remaining lot but may wait a few years. Mr. Storey asked if 8th Street was a collector east of Main Street or if it stopped west of Main Street. Mr. Jaramillo stated 8th Street is a local street east of Main Street and that 5th Street is a collector. He stated no additional right-of-way is required. MOTION Mr. Gross made a motion to recommend approval by City Council of Case 14-12 based on Findings of Facts. Mr. Carrillo made the second. The motion passed by a vote of six to zero. Other Business: Mr. Jaramillo stated Marlin Johnson would begin as City Planner on May 1, 2014. He stated McDonald's would be moving from inside of WalMart to a lot in front of Sam's Club. He stated a car wash had been proposed on the lot south of Murphy's gas station and that the Family Dollar Store on East 2nd Street was under construction. Non-Agenda and Public Comments: Mr. Jaramillo stated no response had been received from the Roswell Independent School District (RISD) regarding the drop-off and parking situations at local schools. Mr. Gross stated he had met with Rick Velasquez of the RISD and that he had agreed to meet with the Commission and Staff. Mr. Najar stated he had called Mr. Velasquez and that his call had not been returned. Mr. Gross stated he would like to arrange a meeting. The meeting was adjourned at 7:36 p.m. Chair Ralph Brown Secretary Eddie Carrillo _________________________________ _________________________________ 3