Planning & Zoning Commission

Roswell Planning & Zoning Commission Agenda-Amended Tuesday, December 15, 2015 - 6:00 PM Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street Commission Chair: Ralph Brown Vice Chair: Riley Armstrong Secretary: Eddie Carrillo Commission Members: Toby Gross, Shirley Childress Bruce Gwartney, David Storey Staff Coordinator: Merideth Hildreth, AICP A. Call to Order B. Roll-Call C. Approval of the Agenda D. Minutes 1. Consider approval of the October 27, 2015 minutes E. Swearing In F. Public Hearing Items 1. CASE 15-14 (VAR): A Variance Request to Increase the Sign Height, Lot 1 of Roswell Place 1st Addition, known as 4504 North Main Street to a Maximum of 38 Feet, Roswell Place LLC/Owner, Agent. G. Other Business 1. Presentation of materials for mobile vendors H. Public Comments I. Adjourn Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15- 4 NMSA 1978 and Resolution 15-56. 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Printed and posted: December 2, 2015 Planning & Zoning Page 1 of 1 December 15, 2015  Roswell Planning & Zoning Commission Minutes of the Regular October 27, 2015 Hearing REGULAR MEETING 6:00 PM CALL TO ORDER AND WELCOME - Chair Ralph Brown A regular meeting of the Planning & Zoning Commission was called to order at approximately 6:00 p.m. by Chair Brown with the following members present: Members Present: Chair Ralph Brown, Vice Chair Riley Armstrong, Secretary Eddie Carrillo, Toby Gross, and Bruce Gwartney. Staff members present: Merideth Hildreth, AICP, Current Planning Administrator, and William Morris, AICP, CZO, Planning Manager. APPROVAL OF THE AGENDA: Commissioner Gross moved to approve the agenda, with Commissioner Armstrong seconding the motion. The motion passed 5-0. APPROVAL OF MINUTES: Commissioner Gross moved to approve the minutes of August 28, 2015, with Commissioner Armstrong seconding the motion. The motion passed 5-0. SWEARING IN: Chair Brown swore in staff and members of the audience. PUBLIC HEARING ITEMS: The following items presented simultaneously, but voted on independently. 1. CASE 15-12: LAND USE AND ZONING CONSIDERATIONS Larry Latcher, Sr. Pastor for the First Church of the Nazarene of Roswell, located at 501 N. Sycamore Avenue, requested the approval of a variance from the City of Roswell Sign Code, specifically sections 7-2 and section 10.C-1. The variance would allow for a new monument sign to be located within the Planning & Zoning, Minutes Page 1 of 2 December 15, 2015  R-1 zoning district, and would also allow for an LED screen. Commissioner Armstrong made a motion waiving the reading of facts, seconded by Commissioner Gross and approved by a vote of 5-0. Pastor Larry Latcher spoke in favor for the variance applicantion. No one spoke against the proposed variance. Commissioner Armstrong made a motion to approve the variance, seconded by Commissioner Gwartney, and adopted by a vote of 5-0. 2. CASE 15-13: LAND USE AND ZONING CONSIDERATIONS Efrain Nunez and Jacqueline Nunez, owner of property at 1211 N. Delaware Avenue, requested approval of a zoning change from the R-2 to the R-3 zoning district in order to use the site for an 8-unit multi-family residential project. Commissioner Armstrong made a motion waiving the reading of facts, seconded by Commissioner Gwartney and approved by a vote of 5- 0. Efrain Nunez spoke in favor for the applicant and no one spoke out against it. There was discussion concerning the steps needed after the rezoning, which staff replied that the next step would be a site plan review which would address parking and landscaping, as well as all other aspects listed in the Zoning and Building Codes. Commissioner Carrillo made a motion to adopt the zone change, seconded by Commissioner Armstrong, and adopted by a vote of 5-0. OTHER BUSINESS: Commissioner Toby Gross requested a report on mobile vendors for the December 15, 2015 hearing. Staff indicated that a report would be presented. PUBLIC COMMENTS: No public comments were made by the general public. ADJOURNMENT The meeting is adjourned at 6:26 p.m. Planning & Zoning, Minutes Page 2 of 2 December 15, 2015  Roswell Planning & Zoning Commission Tuesday, December 15, 2015 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street Roswell, NM 88201 I. General Data: Application: Case 15-14 (VAR) Owners: Roswell Place LLC/Owner 6801 Jefferson N.E. Albuquerque, NM 87109 Agent: Amanda Williams, Allen Industries 4100 Sheraston Court Greensburo, NC 27410 Site Address: 4504 North Main Street Legal Description: ROSWELL PLACE 1ST ADDITION Lot: 1 S: 17 T: 10S R: 24E BK: 492 PG: 228 SWD Request: Variance from Article 26, Sign Code, to Increase the Maximum Height of a Sign to 38 Feet, and to allow a sign clearance of 9 Foot-9 Inches, versus the required 10 Feet. II. Site data: Site Area: 1.23 Acres UPC: 4135058517107000000 Existing Land Use: Multi-Tenant Commercial Proposed land Use: Multi-Tenant Commercial Existing Zoning: C-2 Proposed Zoning: C-2 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Future Panda Express C-2 South Restaurant (Chili’s) C-2 East Roswell Mall C-2 West Walmart C-2 Planning & Zoning, 15-14 (VAR) Page 1 of 4 December 15, 2015 III. Intent of Petition: The applicant is requesting a variance from Article 26, Sign Code, in order to locate a pylon sign that display a “Chili’s” sign that is currently 38 feet tall from the north side of the drive aisle to the south side of the drive aisle. The applicant is requesting the installation of a new pole sign that is 38 feet in height. In addition, there is a second variance request to allow a sign clearance of 9‘-9”, versus the required 10’. The relevant specific Sign Code section is as follows: Section 10. General Requirements for Sign Placement and Operation A. ON-PREMISE SIGNS: 1. Only one free-standing or monument sign is allowed per lot, except where the street frontage of the lot exceeds 500 linear feet. For those lots, a second free-standing sign shall be permitted, provided there is a minimum distance of 200 feet between the signs. Multiple businesses shall be encouraged to display one monument multi-face sign. 2. Free standing signs shall not exceed 35 feet in height from natural grade to the highest point of the sign and have a minimum clearance of 10 feet above ground from the bottom of the sign to ensure clearance and unobstructed visibility to motorists. 3. On-Premise Signs shall comply with requirements for both Digital, LED, Neon, and/or Motion Display Signs, as well as Billboard Signs. IV. Findings of Fact (Conclusions of Law): 1. The Planning and Zoning Commission shall make a motion to approve or deny this application based on the Findings of Fact or introduced at the meeting. 2. Per Zoning Ordinance 10-02: Amended, Section 10. (Variances) states the following: A. The Planning and Zoning Commission may approve a variance to the zoning requirements for a property if the reason for the requested variance is due to the property being of exceptional narrowness, shallowness, shape, or having topographical or other extraordinary conditions which prevent the property owner from being able to comply with the zoning requirements and, if the strict application of this Ordinance would result in a peculiar, exceptional, or undue hardship, as opposed to a mere inconvenience upon the property owner. Planning & Zoning, 15-14 (VAR) Page 2 of 4 December 15, 2015  B. The application shall include the following information: 1. The legal and common description of the property to be considered for a variance. 2. The property’s present zoning classification. 3. A site plan drawn to scale showing the subject property and all adjacent properties. 4. The location, dimensions, and square footage of all structures, existing and proposed. 5. The variance requested and existing hardships that caused the variance request. 6. Any other information the Planning and Zoning Commission may need to make a decision. C. No variance request shall be approved until a public hearing has been held by the Planning and Zoning Commission in accordance with this Ordinance. D. The Planning and Zoning Commission shall decide whether or not to approve a variance request based on all oral and written statements from the applicant, the public, the City Staff, and its own members. The Planning and Zoning Commission shall also consider the effect of the proposed variance upon, neighborhood traffic, the public health, safety, and welfare of the community. The Planning and Zoning Commission shall not approve a variance unless it is satisfied that the request will alleviate some unusual hardship, is consistent with the general intent of this Ordinance, that it conforms to the Comprehensive Master Plan- City's Land Use Plan, and that it is in the public interest and is not solely in the interest of the applicant. E. Limitations, Amendments, and Revisions. The Planning and Zoning Commission may approve, deny, or table a variance request for not more than one regularly scheduled Commission meeting or for a period of time specified at the public hearing. The Planning and Zoning Commission may stipulate conditions and restrictions upon the property benefited by the variance as may be necessary to comply with the standards set forth in this Ordinance, to reduce or minimize the adverse effect the variance may have upon adjacent properties, and to ensure consistency with the general intent of the Ordinance. 3. The original sign’s height of 38 feet makes it a legal non-conforming sign which cannot be replicated in terms of height without a variance. 4. The parcel is regularly shaped and the topography is flat. 5. The proposed sign exceeds the maximum height of 35 feet by 3 feet, or 9%. Planning & Zoning, 15-14 (VAR) Page 3 of 4 December 15, 2015 6. The section of North Main Street in front of the subject property has a maximum speed of 35 mph which creates significant reaction time for drivers to make a decision concerning whether to patronize businesses that are advertising on that particular sign. 7. There appears to be no justification to allow for a variance, since the sign at a 35 foot height will be able to be seen by the travelling public. V. Staff Recommendation: Based on the findings of fact that there are no unusual or special conditions existing with this subject property, staff is recommending Denial of Application 15- 14 (VAR). Planning & Zoning, 15-14 (VAR) Page 4 of 4 December 15, 2015  Owner Information ROSWELL PLACE LLC 6801 JEFFERSON NE ALBUQUERQUE, NM 87109 UPC: 4135058517107000000 Account Number: R006308 Site Information 4504 N MAIN ST ROSWELL 88201 Legal Description: Subd: ROSWELL PLACE 1ST ADDITION Lot: 1 S: 17 T: 10S R: 24E K: 492 PG: 228 SWD 0 200 400 600 Feet Chaves County, NM This map is for illustrative purposes only and does not represent a survey. It is provided 'as is' without warranty or any representation of accuracy, timeliness or completeness. The user acknowledges and accepts all inherent limitations of the maps and data, including the fact that the maps and data are dynamic and in a constant state of Date Printed: November 17, 2015 maintenance, correction and revision. No liability is assumed by Chaves County as to the accuracy of the data delineated hereon.  Site Planning & Zoning Case #15‐14 – Sign Variance City of Roswell 415 N. Richardson Ave. Roswell, NM 88202 Chili’s Pylon Sign, 4504 N. Main Street www.roswell‐nm.gov  Current Location Wal‐Mart Parking Lot Proposed Location Planning & Zoning Case # 15‐14 – Sign Variance City of Roswell 415 N. Richardson Ave. Roswell, NM 88202 Chili’s Pylon Sign, 4504 N. Main Street www.roswell‐nm.gov  12-14 12-15-15 X  CFT Sign to be located here or further north Roswell Place Sign to be relocated to here L81 IT EX LY ON  4 10/01/15 Roswell, NM SIGN PROGRAM  SIGN CODE page 2 Roswell, NM, Zone: C-2, Community Commercial District ARTICLE 27: SIGNS Section 8. Signs Allowed in Commercial/Industrial Districts 4 10/01/15 1. Off-premise outdoor advertising or “Billboard” signs. (C-2, C-4, I-1 and I-2 Districts Only) 2. On-premise free standing or monument sign. 3. 1 apartment complex identification sign per entrance. 81 4. Directional and/or Information signs. 5. Canopy and/or Awning Signs 6. Wall Signs. 7. Projecting signs. 8. Marquee signs. 9. Digital or LED signs. 10. On-premise Roof Signs. Section 9. Sign Setback Requirements Setbacks shall be measured from the nearest point of the sign to the property line. Location of all necessary property lines shall be shown to scale on the required site plan. A. All free-standing signs shall be a minimum of 5 feet from all property lines. B. Monument and Pole Covered signs shall be a minimum of 10 feet from all property lines. Section 10. General Requirements for Sign Placement and Operation No sign shall be erected or maintained at any location where by reason of its position, working, illumination, shape, symbol, color, form, or character, may obstruct, impair, obscure, interfere with the view of or may be confused with any authorized traffic sign, signal or device, or interfere with, mislead, confuse or disrupt traffic flow or traffic safety. A. ON-PREMISE SIGNS: 1. Only one free-standing or monument sign is allowed per lot, except where the street frontage of the lot exceeds 500 linear feet. For those lots, a second free-standing sign shall be permitted, provided there is a minimum distance of 200 feet between the signs. Multiple businesses shall be encouraged to display one monument multi-face sign. 2. Free standing signs shall not exceed 35 feet in height from natural grade to the highest point of the sign and have a minimum clearance of 10 feet above ground from the bottom of the sign to ensure clearance and unobstructed visibility to motorists. 3. On-Premise Signs shall comply with requirements for both Digital, LED, Neon, and/or Motion Display Signs, as well as Billboard Signs. Client Review Status Notes Date / Description Project Information Allen Industries, Inc. requires that an " Approved" drawing be obtained 03/18/15 Issue Date_CFT Client Panda Express from the client prior to any production release or production release revision. 07/20/15 1 SITE PLAN-CFT Roswell, NM Approved Approved as Noted Revise &Resubmit 08/27/15 2 NEW Monument per Survey-ED Name 08/28/15 3 SINGLE POST-ED File Roswell, NM_ PANDA.409 CFT Title Date 10/01/15 4 Engineering Sales CB Design DE/BH/ED PM AR This is an original unpublished drawing, created by Allen Industries, Inc. It is submitted for your personal use in connection with the project being planned for you by Allen Industries, Inc. It is not to be shown to anyone outside your organization, nor used, reproduced, copied or exhibited in any fashion whatsoever. All or part of this design (except for registered trademarks) remain the property of Allen Industries, Inc.  OVERALL SITE PLAN SCALE:NTS page 3 4 10/01/15 TENANT 8'-6"H X 13'-9" W TENANT 2'-11"H X 13'-11"W TENANT 2'-11"H X 13'-11"W TENANT 2'-11"H X 13'-11"W TENANT 2'-11"H X 13'-11"W TENANT 2'-11"H X 13'-11"W TENANT 2'-11"H X 13'-11"W Monument N Client Review Status Notes Date / Description Project Information Allen Industries, Inc. requires that an " Approved" drawing be obtained 03/18/15 Issue Date_CFT Client Panda Express from the client prior to any production release or production release revision. 07/20/15 1 SITE PLAN-CFT Roswell, NM Approved Approved as Noted Revise &Resubmit 08/27/15 2 NEW Monument per Survey-ED Name 08/28/15 3 SINGLE POST-ED File Roswell, NM_ PANDA.409 CFT Title Date 10/01/15 4 Engineering Sales CB Design DE/BH/ED PM AR This is an original unpublished drawing, created by Allen Industries, Inc. It is submitted for your personal use in connection with the project being planned for you by Allen Industries, Inc. It is not to be shown to anyone outside your organization, nor used, reproduced, copied or exhibited in any fashion whatsoever. All or part of this design (except for registered trademarks) remain the property of Allen Industries, Inc.  14'-0" OPTION #1_OAH 38'-0"_PYLON page 4 9" Radius 18" 13'-9" 4 10/01/15 8'-9" TENANT 8'-6" 8'-6"H X 13'-9" W 8" 13'-11" TENANT 2'-11" 2'-11"H X 13'-11"W 9'-1" TENANT 2'-11"H X 13'-11"W TENANT 2'-11"H X 13'-11"W 8" 38'-0" 38'-0" SPECIFICATIONS TBV TENANT 2'-11"H X 13'-11"W A B 30'-8" FOOTING TENANT CABINETS 9'-1" TENANT INDIVIDUAL 4"D .090" ALUMINUM 2'-11"H X 13'-11"W INSTALLATION TO BE AS PER ENGINEERED COMPUTATIONS FABRICATED CABINETS WITH PER SIGN LOCATION TO MEET POLYCARBONATE FACES; ALL LOCAL AND STATE BUILDING FIRST SURFACE APPLIED GRAPHICS. TENANT CODE REQUIREMENTS. .090" ALUM WRAP AFTER INSTALL. 2'-11"H X 13'-11"W FACE MATERIAL: .177" SG 404 ELECTRICAL SERVICE AND #7328 WHITE POLYCARBONATE. CONNECTION TO SIGN TO BE 14'-0" PROVIDED BY OTHERS. ELEC LED ILLUMINATION SERVICE TO MEET ALL STATE AND MANUFACTURER: AA LED LOCAL BUILDING CODES COLOR: EXO WHITE LED TRANSFORMER: __ SUPPORT STEEL AS PER ENGINEERING. 9'-9" 24”x12” TBV BLACK PMS BLACK 7C MAKROLON #7328 WHITE/ WHITE FRONT ELEV SIDE ELEV SCALE: 3/16"= 1'-0" SCALE: 3/16"= 1'-0" STANDARD PANDA FACE, RETURNS AND TRIM CAP COLOR SPECS Client Review Status Notes Date / Description Project Information Allen Industries, Inc. requires that an " Approved" drawing be obtained 03/18/15 Issue Date_CFT Client Panda Express from the client prior to any production release or production release revision. 07/20/15 1 SITE PLAN-CFT Roswell, NM Approved Approved as Noted Revise &Resubmit 08/27/15 2 NEW Monument per Survey-ED Name 08/28/15 3 SINGLE POST-ED File Roswell, NM_ PANDA.409 CFT Title Date 10/01/15 4 Engineering Sales CB Design DE/BH/ED PM AR This is an original unpublished drawing, created by Allen Industries, Inc. It is submitted for your personal use in connection with the project being planned for you by Allen Industries, Inc. It is not to be shown to anyone outside your organization, nor used, reproduced, copied or exhibited in any fashion whatsoever. All or part of this design (except for registered trademarks) remain the property of Allen Industries, Inc.  PYLON ENGINEERING page 5 4 10/01/15 Client Review Status Notes Date / Description Project Information Allen Industries, Inc. requires that an " Approved" drawing be obtained 03/18/15 Issue Date_CFT Client Panda Express from the client prior to any production release or production release revision. 07/20/15 1 SITE PLAN-CFT Roswell, NM Approved Approved as Noted Revise &Resubmit 08/27/15 2 NEW Monument per Survey-ED Name 08/28/15 3 SINGLE POST-ED File Roswell, NM_ PANDA.409 CFT Title Date 10/01/15 4 Engineering Sales CB Design DE/BH/ED PM AR This is an original unpublished drawing, created by Allen Industries, Inc. It is submitted for your personal use in connection with the project being planned for you by Allen Industries, Inc. It is not to be shown to anyone outside your organization, nor used, reproduced, copied or exhibited in any fashion whatsoever. All or part of this design (except for registered trademarks) remain the property of Allen Industries, Inc.