Planning & Zoning Commission

PLANNING & ZONING COMMISSION Minutes to the September 30, 2014 Meeting Members Present: Mr. Ralph Brown Chair Mr. Eddie Carrillo Secretary Mr. Toby Gross Member Mr. Riley Armstrong Member Mr. David Storey Member Mr. Bruce Gwartney Member Members Absent: Ms. Shirley Childress Vice Chair 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. AGENDA Mr. Armstrong made a motion to approve the agenda as presented. Mr. Gwartney made the second. The motion passed by a vote of six to zero. MINUTES Mr. Storey made a motion to approve the minutes from the August 26, 2014 meeting. 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. INFORMATION ITEMS There were no information items. 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. Storey made the second. The motion passed by a vote of six to zero. CASE 14-34: A Zone Change From C-2 Community Commercial District to C-4 Commercial Business District, The portion of Lot 43 of Belle Plain Subdivision lying south of Vista Verde Redivision Amended Subdivision, except the south 75’ of the west 90’, located along the north side of the 900 Block of East 2nd Street, Elliott Partners, Ltd./Owners, Smith Engineering/Agent. Scott Hicks of Smith Engineering, agent, spoke in favor of the request. He stated the lot is adjacent to the new Family Dollar Store which had recently had the same zone change request approved and that both had similar lot size and depth. Mr. Jaramillo stated Staff supports the request which will encourage development along East 2nd Street. He stated the goal of allowing C-4 District zoning in that area had been to encourage development and that Staff saw no adverse effects for local residents. He stated all access would be from East 2nd Street and that no access would allowed from the alley. Mr. Storey asked if the 6’ screen fence would be required only along the north side because that is the only side abutting R-3 District and Mr. Jaramillo stated that was correct. Mr. Storey stated the lines shown on the aerial drawing appeared to show the alley narrowing toward the western portion of the lot. Mr. Hicks stated the lot lines were a result of an glitch in the CAD drawing and that the alley does not narrow. Mr. Gross asked if the curb cut is already existing. Mr. Hicks stated it is and that Smith Engineering would be doing the civil plans for the project and would alter the entrance to the lot if necessary with the New Mexico Department of Transportation (NMDOT). Mr. Najar stated it would be a joint effort with the NMDOT and Staff. Mr. Hicks stated he had a site plan overlaid with the aerial photo but that the Commission already had the same plan. MOTION Mr. Storey made a motion to approve Case 14-34 based on those Findings of Facts in favor of approval and Land Use and Zoning Considerations. Mr. Gwartney made the second. The motion passed by a vote of six to zero. Mr. Armstrong 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 14-35: A Zone Change from C-2 Community Commercial District to R-3 Residential District, Lot 2 the N66’ E66’ W133’/S66.5’ N132.5’ E64’ W131, Block 17 of South Highlands Subdivision, known as 216 West McGaffey Street, Sophie A. Erickson-Hamilton and Connie S. Berry/Owners. Mr. Jaramillo read a letter from Connie Berry, Bonnie Talbott, and Sophie Hamilton, owners, withdrawing Case 14-35 as they have entered into an agreement to sell the home. Mr. Armstrong 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 14-36: A Zone Change from C-2 Community Commercial District to R-3 Residential District, Lots 16 and 17, Block 2 of Roswell Homes Redivision, known as 223 West McGaffey Street, John and Nancy Pantuso/Owners. John and Nancy Pantuso, owners, spoke in favor of the request. Mrs. Pantuso stated she and her husband wanted to get a zone change to R-3 District in order to be able to keep their home without having to have a business on the property. Mr. Pantuso read a prepared statement. He stated they felt the zone change was in the best interest of the public and that prior to 1984 the lots were zoned residential. He stated the zone change in 1984 changed the property as well as the two lots to the east to commercial but that it had only ever been used as a residence. He stated the history of the lots and the neighborhood supported residential zoning. Mr. Pantuso stated he and his wife had done a complete remodel on the home in 2013 and that it had been vacant for quite some time when they purchased it. He stated it had been a neighborhood hangout and that it had been a collecting spot for debris and litter. He stated their occupancy and renovations had helped keep loiterers away. Mr. Pantuso stated the home had become an asset to the neighborhood. He stated the property is comprised of two lots and that the lots to the north of them are residential. Mr. Armstrong stated it appeared that Chewning footwear, which had been located across the street to the west, had been tied into the Pantuso’s lots. Mr. Armstrong stated it didn’t appear to make sense. Mr. Storey asked Staff if the zone change would create hardships for any commercial lots and if the setbacks apply across alleys. Mr. Jaramillo stated the commercial lots to the east could come before the Commission to request a variance to the setbacks if the owners wished to use them commercially. He stated he had been informed that the owners of the lots to the east would also be coming before the Commission to request for zone changes to R-3 District, as well. Mr. Armstrong asked if the other lots on the block would have the same opportunity and Mr. Jaramillo stated they would. Mr. Storey asked if a variance could be granted and Mr. Jaramillo stated it could. Mr. Jaramillo stated the zone change would be in the best interest of the community and that it would be unlikely the lots would be used for commercial purposes. He stated two letters of support had been received from surrounding commercial property owners, including those with commercial properties. He stated that a barber shop, a flower shop, and a day care are all located nearby supported the request. He stated they had been the original locations of commercial zoning prior to 1984 and were designated C-1 District. Mr. Jaramillo 2 stated the 2005 Comprehensive Master Plan (CMP) did not evaluate that particular area and relied on the 1984 zone changes. He stated the area is a good example of why mixed-use areas should be considered for mixing residential and commercial. He stated Staff would be evaluating it in the future. Mr. Armstrong asked if that would be on a case-by-case basis and Mr. Jaramillo stated that was correct. MOTION Mr. Armstrong made a motion to approve Case 14-36 based on those Findings of Facts in favor of approval and Land Use and Zoning Considerations with the amendment to Finding of Fact #5 to include five letters instead of three. Mr. Gross made the second. The motion passed by a vote of six to zero. Mr. Armstrong 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 14-37: A Conditional Use Permit to Park a Travel Trailer in the Required 25’ Front Yard Setback in an R-1 Residential District, Lot 26, Block 18 of Mesa Park 4, known as 8 Sunset Place, Sherry Hanson/Owner Sherry Hanson, owner, spoke in favor of the request. She stated her brother is the owner of the travel trailer and that he is about to transfer to a halfway house to finish his sentence. She stated she has been storing the trailer for him to use as a home when he is released. She stated no one goes into the trailer and that it is padlocked. Ms. Hanson stated she is unable to get the trailer into the backyard due to the angle of the alleyway and the fact that the street is a cul-de-sac. She stated she can’t store it at a storage facility because she does not have the title for the trailer. Mr. Gross asked if the Commission had heard this case before. Ms. Hanson stated she had obtained a previous Conditional Use Permit for the same trailer for a period of 18 months and was applying for a renewal. Mr. Storey asked if her brother would live in the trailer at her home and Ms. Hanson stated the trailer would be moved elsewhere and that he would not live at her home. Mr. Gross asked if she was asking for a specific amount of time. Ms. Hanson stated she would like to ask for one year. She stated she could knock down a tree and her fence in order to get the trailer in her backyard but that she would prefer not to. She stated she had fixed the window as requested by the Commission at her last hearing. She stated she would not need more than 18 months for the permit. Mr. Gwartney asked what stipulations had been imposed by the Commission at the previous hearing. Ms. Hanson stated she had been asked to fix the broken window and padlock the trailer. She stated the propane tank has been disconnected. Chair Brown asked if 18 months would be adequate. Ms. Hanson stated it would. Mr. Jaramillo stated Staff supports the request. He stated if the trailer is moved to the backyard it would be easier for someone to live in it without Staff knowing. He stated it is not a nuisance and stated that it would be reasonable for the Commission to grant a period of 18 months with an additional three months to be available at the discretion of Staff. Mr. Jaramillo stated the additional three months could be useful for Ms. Hanson’s brother if the trailer should require repairs or maintenance upon his release from prison in order to make it livable and so that he would have time to find a job. Ms. Hanson stated her brother had received his HVAC certification while in prison. Mr. Jaramillo stated there had been verbal protests but that the callers would not leave their names. He stated their complaints involved parking in the street. Ms. Hanson stated her neighbors park in the street but that her vehicles are parked on her lot. Mr. Jaramillo stated the Findings of Facts for the current request had been done differently than those in the previous cases and were not broken into those for and those against. Mr. Gross asked what basis Staff would use to determine whether or not to extend the permit. Mr. Jaramillo stated Staff would remain in contact with the applicant and would receive updates on progress being made. Mr. Gross asked what had brought the request back before the Commission. Mr. Jaramillo stated Staff had found the previous permit had expired in December of 2013 and stated no complaints had been received about the trailer in the two years it had been parked at its current location. 3  MOTION Mr. Storey made a motion to approve Case 14-36 for a period of 18 months with a possible extension of three months to be granted at the discretion of Staff based on Land Use and Zoning Considerations and Findings of Facts. Mr. Gwartney made the second. The motion passed by a vote of six to zero. Consideration of meeting times Mr. Jaramillo stated a motion would be required to move the meetings to 6:00 p.m. and that the current times had been approved in December 2013. Mr. Armstrong asked if the time change would be effective for the January meeting. Mr. Jaramillo stated it would depend on the motion made by the Commission. Mr. Storey asked if the times would need to be revisited in December and Mr. Jaramillo stated the calendar for 2015 would have to be approved in December regardless. Mr. Armstrong stated he liked the idea of meeting at 6:00 p.m. MOTION Mr. Armstrong made a motion to approve moving the meeting times to 6:00 p.m. for the remainder of the calendar year. Mr. Gross made the second. The motion passed by a vote of six to zero. Mr. Zarr asked if the meeting times had been published when the dates were originally approved. Mr. Jaramillo stated they were not. Non-Agenda and Public Comments: Mr. Jaramillo stated he had recently been to the annual meeting of the New Mexico League of Zoning Officials (NMLZO) which had discussed agricultural uses and beehives in residential areas. He stated Staff would be researching how to regulate two-story and livable accessory structures as well as whether or not to require placement permits for structures under 200 square feet. He stated structures under 200 square feet do not require building permits but must still comply with zoning setbacks. He stated the permits could be free or generate a source of revenue. Mr. Jaramillo stated the issue would be discussed by the Planning and Zoning Committee before coming to the Commission. He stated there would be more cell phone towers coming to the area with the major providers looking to provide more coverage to rural areas. He stated cell towers are required to have a setback adequate to ensure that they will remain on their own property if they should fall over but that it is possible to use summary plats as loopholes in order to get around that restriction. Mr. Armstrong asked if they are designed to collapse as they fall. Mr. Jaramillo stated they are designed to do that in theory but that there are examples of that design failing. Mr. Gross asked if any planning updates were coming and Mr. Jaramillo stated Mr. Johnson could answer that question at the next meeting. Other Business: There was no other business. The meeting was adjourned at 7:46 p.m. Chair Ralph Brown Secretary Eddie Carrillo _________________________________ _________________________________ 4