Planning & Zoning Commission

PLANNING & ZONING COMMISSION Minutes to the July 1, 2014 Special Meeting Members Present: Mr. Ralph Brown Chair Mr. Eddie Carrillo Secretary Mr. Toby Gross Member Mr. David Storey Member Mr. Bruce Gwartney Member Members Absent: Ms. Shirley Childress Vice Chair Mr. Riley Armstrong 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 CALL TO ORDER Chair Brown called the meeting to order and asked those who wished to speak to sign in. AGENDA Mr. Gross made a motion to hear Case 14-23 before 14-22. Mr. Gwartney made the second. The motion passed by a vote of five to zero. INFORMATION ITEMS There were no information items. MINUTES There were no minutes. SWEARING IN Chair Brown swore in the audience and Staff. 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. Carrillo made the second. The motion passed by a vote of five to zero. CASE 14-23: A Zone Change from MHC Mobile Home Community District to R-S Rural Suburban District, Tract 1 of Bennet Summary Subdivision, Bill and Mary Shepard/Owners, James Manatt, Jr./Agent. Jim Manatt, agent, spoke in favor of the request. He stated the proposed zone change would bring 18 new jobs to the area. He stated the City has been losing jobs and population and that the owners would sell the property to a business owner, Junior Hernandez, who would use the property for oilfield-associated work. Mr. Manatt stated the owners had worked with the New Mexico Department of Transportation (NMDOT) to remediate drainage issues and that new drains under the highway had been created to channel runoff. He stated Mr. Hernandez would utilize the property to house water-hauler trucks for oilfield work, which would travel approximately 80 miles to the field and leave and return to the site empty. He stated the property value would improve and that the proposed R-S District tract to the south would be a buffer zone of 14 acres surrounding the northern 3 acres. He stated Mr. Hernandez planned to irrigate and farm the proposed R-S District tract. Wesley Needham, adjacent property owner, asked if his property abutting East 2nd Street could be rezoned from C-2 District to R-S District. Mr. Johnson stated Mr. Needham could apply for a zone change. Mr. Carrillo stated it would be a separate case. Bill Shepard, owner, spoke in favor of the request. He stated Mr. Hernandez would bring jobs to the area and that the zone change would have no adverse effect on the surrounding properties. He stated the portion of the property to be utilized would be paved to mitigate any dust issues and that drainage problems have been resolved. Mr. Needham stated the drains would not completely take care of the drainage issues. He stated the NMDOT had placed two 12” culverts at the highway but that they had become clogged with debris after the highway had been resurfaced and that flooding continued. He stated that development is important but that the drainage issues are more so. Mr. Storey asked Mr. Needham to specify the issues with the culverts. Mr. Needham stated the culverts are approximately 4’ apart and clogged after the recent rains. He stated he was concerned that the trucks would worsen the runoff. Suzanne Sourk, 1601 East 2nd Street, spoke in opposition to the request. She stated her allergies would be exacerbated by the dust from trucks moving on the property and that she was concerned about issues related to noise, traffic, and drainage. She stated the culverts had filled up twice and that the drainage ditch did not extend far enough. Ms. Sourk stated the hours of operation were unknown and that she was concerned that the trucks would use her driveway to access the lot. She asked what the water source would be. Mr. Gross stated the cases had been reversed and that the current case was to discuss the Tract 1, which was proposed to be R-S District. Chair Brown asked that comments be restricted to Case 14-23. Mr. Manatt stated the zone change would allow for an investment in the area. He stated the prospective buyer was looking to buy water rights in order to cultivate the property and build a home for a future manager. Erin McGonagle, 1702-1706 East 2nd Street, stated he and his wife, Debbie, own and operate Trailer Village RV Park. He stated he did not receive a notification of the zone change despite his property abutting the request. Mr. Jaramillo stated Staff was looking to determine whether a notice had been sent to Mr. McGonagle. Mr. McGonagle stated they were concerned about the details of the request and asked if the proposal would allow for a home to be built on the southernmost tract. Chair Brown stated that was correct. Mr. McGonagle asked how that would affect setbacks for his property and for any structures he might build in the future. He stated commercial property next to his would affect his setbacks. Mr. Storey stated it would not affect the neighboring property. Mr. Jaramillo stated the tract is already MHC District and therefore residential. He stated the R-S District would be more restrictive regarding density. Debbie McGonagle stated their RV park is typically busy with tourists to the City and asked if the zone change would impact their property. She stated Tract 1 is much larger than Tract 2 and she was concerned Tract 1 would also be used for the oil-related business. Mrs. McGonagle stated her business brings a lot of money to the City and that the area does not need any more noise. She stated she was concerned that more activity would be detrimental to their business. Mr. Carrillo stated the request would allow for the land to be farmed and for a home to be built there. Mr. Needham stated there is a 4’ elevation drop from Alameda Street to 2nd Street. He stated high borders would be necessary to keep flooding controlled. He stated a previous farmer of the land had utilized 2’ high borders. Mr. Johnson stated the drainage issues had been discussed with Cisco Sanchez, NMDOT, to make them aware of any problems. Mr. Johnson stated the Flood Commissioner had also been made aware. Mr. Johnson stated the flooding is a concern and that it would be addressed during the development phase. He stated the R-S District would have less impact than MHC District would. He stated it would be good use of the property. Mr. Storey asked if a permit would be required for a single-family home and if the drainage would be addressed at that time. Mr. Johnson stated the drainage would likely not be addressed on that lot at that time. He stated the impact would be negligible and that Staff simply wanted to make everyone aware of potential issues. MOTION 2  Mr. Gwartney made a motion to approve Case 14-23 based on Findings of Facts and Land Use and Zoning Considerations. Mr. Gross made the second. The motion passed by a vote of five to zero. CASE 14-22: A Special Use for Outside Storage in a C-2 District OR A Zone Change from C-2 District to I-1 Industrial, Tract 2 of Bennet Summary Subdivision, known as 1612 East 2nd Street, Bill and Mary Shepard/Owners, James Manatt, Jr./Agent. Mr. Manatt, agent, spoke in favor of the request. He stated he hoped the community would be welcoming of new jobs and new neighbors. He stated Junior Hernandez, proposed buyer, would work with neighbors to. He stated Mr. Hernandez planned to pave Tract 2 to alleviate dust and to start off small with approximately 18 trucks. Mr. Jaramillo stated Staff had discovered that not all property owners within 100’ had been notified of the case and that proceeding with the case could result in decisions that could be nullified by District Court. He asked that the cases both be postponed until the regular July meeting on the 29th so that all owners could be notified. Mr. Jaramillo apologized to those present. Mr. Shepard asked if the owners were within 100’. Mr. Jaramillo stated they were abutting the request. Chair Brown asked if the vote would need to be nullified. MOTION Mr. Gross made a motion to nullify the vote for Case 14-23 based on failure to notify all property owners. Mr. Gwartney made the second. The motion passed by a vote of five to zero. Mr. Storey made a motion to postpone Case 14-22 until the July 29th meeting. Mr. Gross made the second. The motion passed by a vote of five to zero. Chair Brown stated Cases 14-22 and 14-23 would be heard at the July 29th meeting. The meeting was adjourned at 6:58 p.m. Chair Ralph Brown Secretary Eddie Carrillo _________________________________ _________________________________ 3