Planning & Zoning Commission

PLANNING & ZONING COMMISSION Minutes to the July 31, 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 Mr. Bruce Gwartney Member Members Absent: None 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. He stated the Commission typically meets on Tuesdays but that a special meeting of the City Council had forced the Commission to meet on Thursday for the month of August. AGENDA Mr. Gross made a motion to approve the agenda as presented. Mr. Gwartney made the second. The motion passed by a vote of seven to zero. INFORMATION ITEMS There were no information items. Mr. Jaramillo adjusted the microphones after members of the audience stated they could not properly hear the Commission. Chair Brown stated testimony is limited to three minutes. MINUTES Mr. Armstrong made a motion to approve the minutes of the June 24, 2014 meeting. Mr. Carrillo made the second. The motion passed by a vote of seven to zero. Mr. Storey made a motion to approve the minutes of the July 1, 2014 Special Meeting. Mr. Gross made the second. The motion passed by a vote of seven to zero. 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. Carrillo made the second. The motion passed by a vote of seven to zero. CASE 14-24: A Zone Change from R-3 Residential District to C-2 Community Commercial District, Tract A of Cantrall-McDonald Summary Plat, known as 108 West 8th Street, Cross Diamond, Inc./Owner, Tammie Mason/Agent Tammie Mason, agent, spoke in favor of the request. She stated she operates Affordable Screen Printing at 108 West 8th Street. She stated she leases the building from Marcia Tidwell, president of Cross Diamond, Inc. She stated the information she had received indicated that the property was zoned commercial prior to 1984 and that after 1984 it was used as a party facility by McDonald’s and for real estate and insurance offices. She stated she was did not believe the property had ever been used as a residence. She stated the lots to the south and west are residential but the lots to the north and east are zoned commercial. She lots to the north across 8th Street had been zoned commercial and that a trend had been established of commercial properties going toward Pennsylvania Avenue and that the request would continue that trend. Ms. Mason stated she was aware that one of the neighbors had expressed concern that C-2 District zoning would allow for future use as a convenience store. She stated the size and layout of the property were not conducive to a business of that type. She stated that the screen printing business has less foot traffic than it would have had as a real estate office or insurance agency. She stated the business is family owned and operated and that the intention was to pass it down to their children. Ms. Mason stated that if the request were to be approved her family would purchase the property and stay there indefinitely. Marcia Tidwell, owner, stated she was in favor of the request. Mr. Johnson stated the trend in the area was toward commercial development and that a high traffic business such as a convenience store would be difficult to operate on the lot and would require variances to setbacks and parking. Mr. Storey asked about the variances that would be required. Mr. Johnson stated the setback for a new building would be 35’ from residential districts and that the required parking spaces may not fit on the lot. MOTION Mr. Armstrong made a motion to approve Case 14-24 based on Findings of Facts and Land Use and Zoning Considerations. Mr. Carrillo made the second. The motion passed by a vote of seven 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. Gwartney made the second. The motion passed by a vote of seven to zero. CASE 14-26: A Designation of a Zoning District for a Planned Unit Development (PUD) Commercial- located at the northwest corner of 19th Street and Union Avenue, known as 2000 North Union Avenue, Eagle Creek Villas and MBLD Properties, LLC./Owners. Mr. Johnson stated the PUD was part of Staff’s determinations of zoning districts for all PUDs in the City. He stated the PUD was done in 2012 when underlying zoning districts were not required. He stated the existing PUD would not be affected. MOTION Mr. Storey made a motion to assign a zoning designation of C-1 Neighborhood Commercial District in Case 14-26 based on Land Use and Zoning Considerations and Findings of Facts. Mr. Armstrong made the second. The motion passed by a vote of seven 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 seven to zero. CASE 14-22: A Zone Change from C-2 District to I-1 Industrial OR A Special Use for Outside Storage in a C-2 District, Tract 2 of Bennet Summary Subdivision, known as 1612 East 2nd Street, Bill and Mary Shepard/Owners, James Manatt, Jr./Agent. Bill Shepard, owner, spoke in favor of the request. He stated a prospective buyer from Lovington, New Mexico had submitted a letter to the Commission with a recommendation from the City of Lovington. Mr. Shepard stated the buyer would create a similar business in our City. He stated protests had been received from neighbors and had been discussed at the July 1, 2014 Special Meeting. He stated the New Mexico Department of Transportation (NMDOT) had 2 been out to the area at the request of Mr. Shepard and Wesley Needham and that the culverts to divert rain water had been cleaned out to mitigate any flooding issues. Mr. Shepard stated the NMDOT stated the culverts had not been cleaned in decades. He stated the culverts were now free of debris and that the NMDOT would respond quickly if alerted of a problem. He stated the prospective buyer is a professional and would conduct business in a beneficial manner. Jim Manatt, Jr., agent, spoke in favor of the request. He stated the neighbors are protesting nature. He stated new culverts have been added by the NMDOT and that the problems heard at the last meeting were the immediate result of a recent 4” rain. He stated the buyer presented an opportunity to bring the oil and gas boom to the City. Mr. Manatt stated 100 new wells have been discovered 40 miles east of town. He stated other cities are booming and that the City has available land close to the new wells. He stated the buyer could locate his business in the County but that the City would lose out on gross receipts tax revenue. Mr. Manatt stated approval of the request would signify that the City is open for business and that it could help to restore lost population. John Mulcahy, 700 Cobean, spoke in favor of the request. Mr. Mulcahy is president of the Roswell-Chaves County Economic Development Corporation. He stated his job is to find new opportunities for growth for the area. He stated he had not met with the prospective buyer, Junior Hernandez, in person but had spoken with him over the phone and had researched his business. Mr. Mulcahy stated Mr. Hernandez had indicated that approximately 16 jobs would be created if he were to establish a business location at the site of the request. Mr. Mulcahy stated the operation is well-capitalized and that it has been recommended as being good for growth. He stated the City has been on the edge of the oil boom and that approval of the request would enable to the City to gain more job opportunities and more tax revenue. He stated he had done his due diligence in researching the company and that approval of the request would enable him to approach oil companies in Texas and attract new businesses. Suzanne Sourk, 1601 East 2nd Street, spoke against the request. She stated the culvert to the west of her property is currently flowing well but that the ditch dug by the County allows water to collect in a large pool without being absorbed. She stated 16 more jobs would increase traffic in the area and that she was concerned for existing pedestrian traffic which she stated included mothers pushing strollers. Ms. Sourk stated 16 jobs would mean work trucks which could make it difficult for local residents who must cross the highway to get to their postal boxes. Walter Johnson, 1710 East 2nd Street, spoke against the request. He stated he is a drilling contractor and had installed the two drains referred to earlier in the meeting. He stated they were a temporary solution and haven’t solved the problem. He stated they had been cleaned three years ago and that the problem was the volume of water coming through the properties. Mr. Johnson provided the Commission with a letter. He stated the 2005 Comprehensive Master Plan (CMP) specified the area for residential uses and that the Roswell International Air Center (RIAC) had available industrially zoned properties. He stated his concerns included increases in traffic and safety issues. Mr. Johnson stated the pictures distributed to the Commission show flooding in his backyard. He stated placing asphalt on the lot in the request would make flooding worse. He stated he owned the well at the southernmost property line of Tract 1 and had not been notified of the hearing. Mr. Jaramillo stated well owners are not required to be notified, only property owners, per State statute. Diana Tuttle, 1700 East 2nd Street, spoke against the request. She stated she owns Puppy Love Grooming and showed pictures of flooding on her property after a 4” rain. She stated the NMDOT had cleaned the culverts but that she had spoken with Frankie Garcia at the NMDOT and had been told that flooding on her property was not their problem. She stated she did not believe the NMDOT would be responsive to future issues. Ms. Tuttle stated she was not protesting nature but that she was concerned about putting more pressure on an already inadequate drainage system. She stated that during previous heavy rains she’d had 3” of water in her house and shop and had lost equipment and furniture. She stated the problem had not been addressed. Erin McGonagle, 1702-1706 East 2nd Street, spoke against the request. He stated he and his wife own Trailer Village RV Park which is adjacent to Tract 1. He stated they serve tourists at their RV park and were concerned about the negative impact a trucking facility would 3 have on their business. Mr. McGonagle stated he was concerned that noise would be a problem 24 hours a day and would disturb his customers. He stated he had developed a good clientele and that their business provided revenue for the City by sending customers to local restaurants and shops. He stated that in July they’d had 1,707 customers and that if each person spent $24.00 in the City it would equate to $34,000.00 in tax revenue going to the City. He stated a trucking facility was not compatible next to an RV park and asked that the Commission consider uses surrounding the proposed use. Mr. Jaramillo stated Mr. McGonagle’s property is zoned County Commercial. Mr. Jaramillo stated the aerial photos listed the property as County Rural Suburban but that it was County Commercial. Mr. McGonagle stated he is aware. Mr. Johnson stated the zoning had been changed in a recent Extraterritorial Zoning (ETZ) Commission ruling. Wesley Needham, 1624 East 2nd Street, spoke against the request. He stated his property is the center of the flooding. He stated the culverts abut his property and that he’d lost two homes due to flooding. He stated it is cost prohibitive to rebuild there. He stated budget costs had been the reason given for the NMDOT not adhering to the original plan of creating more extensive flood control at the properties. He stated he felt a need to voice his objections to allow him to have any recourse in the future. Chair Brown asked what had happened at Mr. Needham’s property during the last heavy rains. Mr. Needham stated the culverts had helped but that his property had still flooded. Mr. Jaramillo stated the aerial photos listed the property addresses incorrectly and that the addressed along the south side of the 1600 Block of East 2nd Street had been corrected approximately three years ago. Mr. Gross asked if the Commission was hearing a drainage issue case or a zone change. He stated nothing could be done about the drainage issues and that the proposed parking lot would be forced to accommodate plans for flooding. Chair Brown stated he was not done asking questions but that neighbors were expressing concern over impacts to their properties. Debbie McGonagle, 1702-1706 East 2nd Street, spoke against the request. She asked if the City allows Industrial Zoning next to motels and hotels. She stated she believed the 2.953 acres Mr. Shepard is asking to rezone for 18 trucks could be done elsewhere. She stated her business brings revenue to the City and that Industrial Zoning next to it could hurt her business. Ms. McGonagle stated her clientele includes oilfield workers. Mr. Najar stated Staff has been aware of the flooding conditions for some time and that a lot of the drainage area comes in from the City. He stated he felt the drainage area hadn’t developed in a long time and that the problem is to get the water to the river by crossing the highway with the permission of the NMDOT and area property owners. Mr. Najar stated he didn’t know how possible it would be for the City to place more drains with the permission of the NMDOT. He stated he had been at Mr. Needham’s property in approximately 2004 to observe flooding and that no plans currently exist to improve the drainage issues. Mr. Johnson stated the property can be developed Commercially as its currently zoned and the drainage problems would still exist. He stated County Industrial Zoning exists across the street. He stated a Special Use Permit is an option to allow the outside storage while limit areas where parking is allowed. He stated the prospective buyer could also buy both parcels and adjust boundary lines to create a buffer area. Mr. Johnson stated an engineering study would be required for development as well as a detention pond. Mr. Najar stated City Codes require that development not make flooding issues worse. Mr. Gross stated the drainage is a separate issue. Ms. Tuttle stated it would impact neighboring properties. Mr. Gross stated the development phase would address drainage and that it could improve the situation. Chair Brown stated the retention pond in front of Home Depot improved flooding on North Main Street. Mr. Manatt stated the buyer would build a retention pond on Tract 1. Mr. Jaramillo stated a Special Use Permit could require that the area abutting properties to the east not be used for parking. Mr. Manatt stated the area to the east is shown on the drawing as a paved area. He stated that although the business would create approximately 18 jobs, only 6-10 trucks would be in use. He stated that it’s possible the trucks would be arriving and leaving at different times 24 hours a day, seven days a week. He stated the prospective buyer planned to build a retention pond on the adjacent tract. Mr. Armstrong asked who would dictate the necessity of a retention pond. Mr. Najar stated Staff cannot comment until a 4 development plan is seen and an engineering analysis is done. Mr. Johnson stated the development plan included with the application does not include the portion to the east. Mary Shepard, owner, spoke in favor of the request. She stated she has two degrees in geology and had worked for the State of Michigan in the water department. She stated the land in question has always flooded and that testimony previously given shows the flooding was an issue since at least 2004-2005. She stated approval of the request would not change the characteristics of the land. Mrs. Shepard stated the other property owners can install bar ditches, culverts, and drains. She stated the flooding is not a Zoning issue. Mike Johnson, 1801 East 2nd Street, stated the business will expand with the growing oil boom. He stated the hoses on the trucks will have oil on them which would washed off and be carried in any flooding. He stated a detention pond would not hold all flooding. He stated rains would carry the contaminants to other properties and that the neighborhood would begin to smell like Artesia. Mr. Jaramillo asked Mr. Johnson to clarify whether he is for or against the request. Mr. Johnson stated he is in favor of the oil business but against the request. Mr. Najar stated any new development cannot exacerbate existing flooding issues per City Code. Mr. Johnson asked Mr. Najar if the detention/retention pond can be placed on neighboring property. Mr. Najar stated bigger culverts or a detention pond on the adjacent property would be required to solve the flooding issues. Mr. Johnson stated he was looking for a way to abate the issue if not solve it completely. Mr. Najar stated he could not comment until he saw a development plan and that the NMDOT would have to approve any plans. He stated a more extensive plan had been considered but not implemented. Mr. Storey stated he could give a historical perspective on the issue. He stated the aerial photo showed R-2 District along East Alameda Street which the City had attempted to purchase from the State to put in a detention pond to control flow but that the State would not sell it. He stated the State hired a drainage expert who had looked at the issue. He stated attempts may have been made to purchase easements across private property but that property owners had not been receptive. Mr. Storey stated a solution may not be found with Cases 14-22 and 14-23. Chair Brown reminded the audience any protests to the decisions made by the Commission must be in by noon on Monday August 4th. Mr. Storey asked if the Commission was supposed to decide on a Zone Change or a Special Use Permit and how to word a motion in order to designate the difference. Mr. Johnson stated a Special Use Permit could include restrictions on the way the land is used. Mr. Gross asked if the Special Use Permit stayed with the land or the owner. Mr. Jaramillo stated it would remain with the property. He stated it could limit the type of business allowed and locations used. Mr. Storey asked if the decision could be appealed to Council and Mr. Jaramillo stated it could. Chair Brown stated restrictions could be included in the motion. Mr. Jaramillo stated the Commission could go into closed session to discuss the issue. Mr. Manatt stated the owner and prospective buyer have been transparent in their plans for the property. He stated the trucks would be empty when they left and came back to the property. Ms. McGonagle asked where the owner was and stated they would like to ask him for specifics. Mr. Jaramillo stated a motion would need to refer to Findings of Facts (FOF) for reasons to approve or deny the request. He stated an appeal to Council would rely on the FOF presented. Mr. Armstrong stated the Commission faced a dilemma and that the issue of flooding would impact neighbors but was not necessarily a Zoning concern. Mr. McGonagle stated his property is 81’ from the proposed request and that it abuts the City limits. Mr. Carrillo called for a five minute recess to go into a closed session. Ms. Childress made the second. The motion passed by a vote of seven to zero. The Commission returned from recess at 8:31 p.m. MOTION Mr. Armstrong made a motion to deny the Zone Change in Case 14-22 and to require the applicants to submit an application for a Special Use Permit based on Findings of Facts, Land Use and Zoning Considerations, and Testimony provided. Mr. Carrillo made the second. Mr. Johnson stated the applicant had submitted an application for a Special Use Permit and already paid the fee for that application. Chair Brown suspended the motion. He asked how the restrictions on the Special Use Permit would be determined. Mr. Johnson stated additional 5 information could be requested and that Staff had not presumed any conditions would be needed due to a lack of protests from surrounding property owners until days before the meeting. Mr. Storey asked Staff if the City has any control over monitoring the environmental effects of the proposed business. Mr. Najar stated Pretreatment would monitor anything emptied into the City’s sewer system but that a sewer tie-in was not available at that location. He stated the New Mexico Environmental Department would regulate such a business and that the City does not yet have urban environmental standards. Chair Brown asked that the motion be amended to allow the Case to be heard at the next meeting. Mr. Armstrong stated the Commission needed more answers. Mr. Manatt stated the potential buyer may decide to go elsewhere. Mr. Armstrong stated the decision could be appealed to Council. Mr. Shepard stated the buyer had intended to be at the meeting but that an emergency had occurred. Mr. Manatt stated the buyer had tired of the delay. Mr. Armstrong stated the decision to deny the Zone Change could be appealed. Mr. Storey asked that the Case be separated into two motions. Mr. Gross stated using the word “Or” in the request was unwise. Mr. Armstrong withdrew his motion. Mr. Storey made a motion to deny the Zone Change in Case 14-22 based on Land Use and Zoning Considerations, Findings of Facts, and Testimony presented. Mr. Gwartney made the second. The motion passed by a vote of seven to zero. Mr. Storey made a motion to postpone the Special Use Permit in Case 14-22 until the August 26, 2014 meeting to allow for additional information. Mr. Gwartney made the second. The motion passed by a vote of seven to zero. Chair Brown informed those in the audience of procedures for appeals and stated they must be in to Staff by noon on Monday August 4th. 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, stated the owner would like to withdraw the request. Mr. Najar stated if a motion is withdrawn that it cannot be heard again for a period of one year. Mr. Jaramillo stated the request could be postponed until Case 14-22 was resolved. Bill Shepard, owner, asked to postpone the request. MOTION Mr. Gross made a motion to postpone Case 14-23 until the August 26, 2014 meeting. Mr. Carrillo made the second. The motion passed by a vote of seven to zero. Non-Agenda and Public Comments: There were no Non-Agenda or Public Comments. Other Business: Mr. Jaramillo stated changes to the Comprehensive Master Plan would be seen by the Commission in the coming months. Mr. Johnson stated funding for it had been approved in the recent budget. Mr. Jaramillo stated Staff was looking at how to deal with two-story accessory structures. He stated the Old Municipal Airport would be replatted in the near future. The meeting was adjourned at 8:51 p.m. Chair Ralph Brown Secretary Eddie Carrillo _________________________________ _________________________________ 6 7