Planning & Zoning Commission

PLANNING & ZONING COMMISSION Minutes to the May 27, 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. Marlin Johnson 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. 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. INFORMATION ITEMS Chair Brown welcomed Marlin Johnson as the new City Planner. He stated Mr. Johnson had previously been the Planning Director for Chaves County. 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. 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 14-13: A Zone Change from R-3 District to C-4 District, Lots 11-14 of Tuckers Subdivision; known as 207 North Union Avenue, SWS Family, LLC/Owner Steve Smith, owner, spoke in favor of the request. He stated his intention for a zone change was to allow more flexibility regarding the types of businesses that could rent in his plaza. He stated the property is largely a medical plaza currently but he would like more commercial in the future. He stated food-based businesses were interested in the property. Mr. Johnson stated he supported the request and that it is in line with the Comprehensive Master Plan (CMP). Mr. Armstrong asked if the parking would be sufficient for a commercial business. Mr. Jaramillo stated the parking would be considered legal non-conforming. Chair Brown asked if a screen fence would be required. Mr. Jaramillo stated the building is on the property lines and that there is no room for a fence. Mr. Storey asked about Finding of Fact (FOF) #6, which discussed additional parking across the alley behind a residential structure. Mr. Jaramillo stated the west half of 208 North Kansas Avenue has been used as parking for employees of the medical plaza while the home itself is a rental. He stated additional parallel parking exists along the south side of 3rd Street. MOTION Mr. Armstrong made a motion to approve Case 14-13 based on Findings of Facts and Land Use and Zoning Considerations. Ms. Childress made the second. The motion passed by a vote of six to zero. 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 14-14: A Designation of a Zoning District for an Existing Planned Unit Development (PUD)-La Placita, Lots 1-28 of La Placita, known as 1-25 La Placita Drive and and 1-10 Solana Lane, Michael and Nancy Woods, Phillip and Michelle Shackelford, Corina and Phelps White, Randal and Antje Brown, William and Kay Owen, John and Jo Lynne Phinizy, Debra Heimmermann, James Stout, Gabe and Jane Martin, Don and Valerie Poling, Thomas and Reta Faye Wright, Wayne and Zoe Ann Milner, Duran Living Trust, William Hahn, Jr., Robert and Denise Garcia, John and Paula Grieves, John and Jan Holland, Robert and Shannon Kuykendall, Loney and Viola Ashcraft, Sheila Greeson/Owners. Mr. Jaramillo stated changes to Ordinance No. 10-02: Amended required Staff to assign underlying zoning districts to all PUDs in the City. He stated Staff had met with several owners of La Placita on May 15th. He stated the six owners from La Placita had favored R-2 District zoning as it would allow townhomes and single-family homes while maintaining low- to mid-density housing. Mr. Najar stated he had attended the meeting and that the residents were comfortable with R-2 District. He stated the vote had been unanimous. MOTION Ms. Childress made a motion to assign a zoning designation of R-2 District in Case 14-14 based on Findings of Facts. Mr. Armstrong made the second. The motion passed by a vote of six to zero. 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 14-15: A Designation of a Zoning District for an Existing Planned Unit Development (PUD)-Quail Village, Lots 7-70 of Quail Village Replat, Lots 14-18 and Lot 28 of North Springs Amended #3, and Lot 1 of Roswell Retirement Center, known as known as 2611, 2715, and 2801 North Kentucky Avenue and 2716 North Pennsylvania Avenue, Howard Irwin, Pamela Brightwell, Schwarz Family Trust, Barbara House, Paul Jr. and Sherlea Taylor, Stanley and Cynthia Brewster, Roger and Nancy Castillo, Tracy and Guadalupe Laney, Leslie McPherson, Bernard and Mary Johnston, Whited Trust, F. Andrew Grooms, Mary Hunter, Cheri Redmon, Clyde and Twyla McKee, Quail Village Association, Inc., Lorraine Link, Sigrid Webb, Orrison Trust, Stephani Lyn Corn Greathouse, Quesenberry, DE, Joey Lopez, Margaret Humphreys, Karen Rawdon, Alden and Louis Ritch, Joseph and Gloria Record, Janet Eldridge, Kennedy Living Trust, HCP SH ELP1 Properties, LLC, Lauralea Marley-McCrea, Secretary of Veterans Affairs, Hand and Yukie Ebara Pfeuffer, Mary Ann Kelly, Jean Poorbaugh, Larry and Connie Lessen, Barbara and Brian Morales, Barbara Hannifin, Alma Crockett, James Dodson, Mitchell Irrevocable Trust, Richard Mooney, 2  Horton Trust, Jeffrey and Kenni Jasper, Hatcher Revocable Living Trust, Laura Jennings, Jean Noebel, Alpers Living Trust, Jo Ann Huddle, Mary Ely, Bergener Trust, Dan Herring, Pauline Mann, Wanda De Shurley, Rodneey and Donia Miller, Edna Turner, Dee and Mary Jeffers, Spurlin Family Trust, Leon and Laqueta Whitcamp, Christy Trust, Weber Revocable Trust, Claudette Foster/Owners. Mr. Jaramillo stated Staff had met with approximately nine residents of Quail Village. He stated it is one of the few PUDs that has been fully developed. He stated it has a similar development plan to North Springs to the south. Mr. Jaramillo stated the residents had unanimously agreed on R-4 District. Mr. Storey noted that Pennsylvania and Kentucky Avenues are local streets and that the streets within the PUD are private. Mr. Jaramillo stated he will discuss issues brought forth by the residents later in the meeting. MOTION Mr. Carrillo made a motion to assign a zoning designation of R-4 District in Case 14-15 based on Findings of Facts and to correct the labeling of Pennsylvania and Kentucky Avenues as local streets. Mr. Armstrong made the second. The motion passed by a vote of six to zero. 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 14-16: A Zone Change from R-2 District to I-1 District, Lot 42 of Lea Subdivision; known as 404 East 4th Street, Larry Stanton/Owner, Court Nichols/Agent Court Nichols, agent, spoke in favor of the request. He stated he is rehabbing properties in the area and that he planned to use the lot for parking which would allow him to make full use of the building in which he has a restaurant. Mr. Johnson stated he had added FOF #7 discussing enhancements that would occur on the property if the request were to be approved. He stated it meets the Comprehensive Master Plan and would support economic development. Mr. Storey asked if the sale of the property was contingent upon approval of the request. Mr. Nichols stated he would close on the property the following day if the request were approved. He stated Mr. Nichols would expand parking to the east and remove the building on the lot. Mr. Najar stated Lot 45 is currently paved. Mr. Jaramillo stated the current parking for the restaurant is across 3rd Street and is only sufficient for half of the building. He stated the development would be welcome and would relieve the parking stress in the area. Mr. Gross asked if the signature on the application was provided by the property owner. Mr. Nichols stated Mr. Stanton had signed and that he was acting as agent. Chair Brown stated a typo in FOF#3 listed access as being from West 4th Street instead of East 4th Street. Mr. Najar stated possible future plans for Railroad Avenue could change it to a one-way street. Mr. Gross asked if the parking would be paved and Mr. Najar stated it would. MOTION Mr. Armstrong made a motion to Case 14-16 based on Findings of Facts, Land Use and Zoning Considerations, and testimony provided. Mr. Gross made the second. The motion passed by a vote of six to zero. 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 five to zero. Mr. Armstrong recused himself from the following case. CASE 14-17: A Variance of 10' to the 10' Required Setback from the Front and Street Side Property Lines for a Monument Sign, Lots 8 and 9, Block 10 of Original Roswell Subdivision; known as 501 North Main Street, MD&D Investments, LLC,/Owner. Bill Davis, owner, spoke in favor of the request. He stated the business would be undergoing a name change and that the existing pole sign would be replaced with a monument sign with a water feature. He stated the sign would not be a sight hazard. Mr. Johnson stated the 3 Ordinance allows a 0' setback for buildings in the C-3 District and that the sign would be similar. Mr. Najar stated traffic is a worry in the area but that the sign would not be a sight hazard. MOTION Ms. Carrillo made a motion to approve Case 14-17 based on Findings of. Mr. Carrillo made the second. The motion passed by a vote of five to zero. Non-Agenda and Public Comments: Mr. Jaramillo stated residents of Quail Village had expressed concern over the flight patterns of helicopters leaving and returning to local hospitals. The residents stated they are disturbed at all hours of the day and night by low-flying helicopters. He stated Staff is looking into the issue. Mr. Storey asked why Commissioners were not permitted to go look at properties listed in requests. Mr. Gross stated training for Commissioners had been held with Randy Van Vleck, attorney for the New Mexico League of Zoning Officials, and that Commissioners had been instructed not to look at testimony other than what was given to them at the meeting. Mr. Jaramillo stated that it was not necessarily unwise to go look at the properties individually, but that discussing information taken from that could not be brought up during the meeting. He stated that would cross into giving testimony. Mr. Johnson stated he disagreed with Mr. Van Vleck's opinion and that he thought it would benefit cases for Commissioners to have firsthand knowledge. Mr. Gross stated members were instructed to go as a group. Chair Brown stated the opinions were given by Mr. Van Vleck and Barbara Patterson, former City Attorney. Mr. Gross stated the Commission was told to act in a judicial manner. Mr. Jaramillo stated Staff must inform applicants to completely make their own cases. Mr. Najar stated Commissioner discussion with the applicant is strictly prohibited. Mr. Storey asked if Staff could be asked for recommendations. Mr. Jaramillo stated Staff must write cases neutrally and provide Findings of Facts which can be used to justify either approving or denying a case. He stated Mr. Johnson would give the opinion of the City Planner. Mr. Najar stated Planning and Engineering may disagree but would give opinions if asked by the Commission. Mr. Najar stated Engineering would begin providing opinions on summary plats in the Extraterritorial Zone (ETZ) within a 5 mile radius. Mr. Johnson stated Staff should have input per the City of Roswell Subdivision Ordinance. Chair Brown asked if the ETZ Commission made decisions on plats. Mr. Johnson stated they deal with zoning. He stated an official opinion is in development and that State statute states the City's jurisdiction extends out 5 miles. The meeting was adjourned at 7:48 p.m. Chair Ralph Brown Secretary Eddie Carrillo _________________________________ _________________________________ 4