Planning & Zoning Commission

Roswell Planning & Zoning Commission Agenda Tuesday, February 23, 2016 - 6:00 PM Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street Planning Commission Chair: Ralph Brown Vice Chair: Riley Armstrong Secretary: Eddie Carrillo Planning Commission Members: Toby Gross, Shirley Childress Bruce Gwartney, David Storey Current Planning Administrator: Merideth Hildreth, AICP Planning Manager: William Morris, AICP, CZO A. Call to Order B. Roll-Call C. Swearing In D. Approval of the Agenda E. Minutes 1. Consider approval of the January 26, 2016 minutes. F. Public Hearing Items 1. CASE 16-01 (CUP) Request for a Conditional Use Permit for a Major Home Occupation – Daycare for up to twelve children per day; Riverside Heights Amend, Block 4, Lot 5 - known as 909 North Union Avenue (Franco/Owner, Franco/Agent). Exhibits Attached: (A) Application; (B) Staff Summary; (C) Letter Notifying Surrounding Property Owners; (D) List of Property Owners Notified; (E) Chaves County Assessor’s Map Identifying Properties with the Notification Area; (F) Aerial Map of Property Requesting CUP; (G) Letter 1; (H) Letter 2. 2. CASE 16-02 (VAR) – Case Withdrawn per Staff Recommendation. Request for a Variance to allow an accessory structure to be placed in front of the residential structure; Fruitland Subdivision, Block 9, Lot 6 W 108’ S 112’ / S 458’ N 508 W 165’ / N 50’ E 65’ W 165’ – known as 1005 East Poe Street (Boehms/Owner & Agent). G. Other Business 1. Presentation of draft mobile vendor ordinance – Attached (2 Pages). 2. Finalized Planning & Zoning Commission 2016 Meeting Schedule – Attached (1 Page). 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: February 17, 2016 Planning & Zoning Commission Agenda 1 February 23, 2016  Roswell Planning & Zoning Commission Minutes Tuesday, January 26, 2016 - 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: Shirley Childress, Toby Gross, Bruce Gwartney, David Storey Planning Staff: Merideth Hildreth, AICP William Morris, AICP, CZO Louis Najar, PE A. 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: B. Roll-Call Ralph Brown (Chair) PRESENT Riley Armstrong (Vice Chair) PRESENT Eddie Carrillo (Secretary) PRESENT Toby Gross PRESENT Shirley Childress PRESENT Bruce Gwartney PRESENT David Storey PRESENT Staff Members Present: Merideth Hildreth, AICP, Current Planning Administrator; William Morris, AICP, CZO, Planning Manager; and Louis Najar, Director of Planning and Engineering C. Approval of the Agenda Chair Brown requested adding “Swear in Audience” in agendas. Motion to Approve the Agenda by Riley Armstrong Second by Bruce Gwartney The motion passed 7 to 0 Planning & Zoning Commission Page 1 of 4 January 26, 2016 Minutes D. Minutes: Consider approval of the December 15, 2015 minutes Motion to Approve the December 15, 2015 Minutes by David Storey Second by Bruce Gwartney The motion passed 7- 0 E. Swearing In: Chair Brown swore in staff and members of the audience. F. Other Business: Zero Zoning Cases were listed on the agenda or presented. 1. Presentation of staff report comparing mobile vendor ordinances and discussion Planning Manager Morris introduced the topic that the Planning & Zoning Commission had requested staff investigate Mobile Vendor Ordinances adopted by surrounding communities. Staff presented a comparison of ordinances from five communities: Artesia, Carlsbad, Hobbs, Las Cruces, and Santa Fe. Mr. Morris mentioned Ruidoso does not allow mobile vendors except during special events. Mr. Morris further stated that safety for pedestrians and vehicular traffic is paramount when staff reviews an applicant’s location. Staff is seeking direction from the Commission. Commissioners discussed differences in requirements for permitting and site requirements for site built businesses and mobile vendors. Mobile vendors should not be able to set up camp but should have to hook up to vehicle and pull away. Mr. Najar asked the Commissioners if they wanted staff to tackle creation of new ordinance. Commissioner Armstrong suggested that the staff report talking points seemed somewhat restrictive. What does it mean to indicate traffic circulation? Mobile vendors are mobile. Permission from the property owner is key and a permit from the City. Mr. Najar said staff wants to make sure vendor placement on the site is thought out, where the driveway entrances are, what parking is designated. Mr. Najar made a point that there have been complaints such as from the Little League that have concessions to make money to support the league and vendors show up. There is nothing in writing. Commissioner Carrillo mentioned an event in Capitan where a vendor propane tank exploded. Todd Alexander with Chef Toddzilla’s Mobile Cuisine spoke and said the statistics on food trucks exploding is low. (Susanna Gonzales said she knew that vendor in Capitan and the tank was improperly filled. At the Fair in Roswell, the Fire Department checks propane tanks and won’t allow vendors to work if tanks are not properly working.) Mr. Alexander gets permission from Planning & Zoning Commission Page 2 of 4 January 26, 2016 Minutes  property owners and often pays a fee to the property owner plus the license fee. Other issues include not going on some City property. Also, there are trucks that only come out at night. Food is sold out of trunks of cars, and who knows what equipment has been used to cook the food. Are they complying with the code? Mr. Alexander said they care about what they do and are doing it the right way. Commissioner Armstrong asked what the feeling is to designate an area. Mr. Alexander said that would be awesome. Every major city has a court with food trucks. As a business owner that creates competition. Susanna Gonzales, owner of ChupaCabra Truck said that people sell menudo out of homes at the air center. The put signs up at night. Mr. Alexander said some people post on Facebook and sell cake out of the homes in unsanitary conditions. He said the Health Department checks every food truck at every event. Commissioner Armstrong asked how many food vendors are in Roswell. Mr. Alexander thought nine, Mrs. Gonzales thought about fifteen. Mr. Alexander mentioned vendors from out of town pay an annual fee of $35.00 whereas he pays $240.00 annually. Commissioner Gross said we should write an ordinance to protect both local mobile vendors and the City. Larry Connolly at 2815 Encanto wondered if the National Food Truck Association might have a set of guidelines the City could review. The Restaurant Association has guidelines. Commissioner Carrillo and Commissioners discussed requirements for obtaining permits for special events, that the event sites designate areas for vendors. There was also discussion on Code Enforcement issues. Code Enforcement needs a rule in order to enforce. Commissioner Storey said it comes down to safety: paved level surface, adequate ingress and egress and timeline of packing up and leaving each night. When applying health and safety issues, grandfathering does not apply. Commissioner Childress asked if mobile vendors are required to obtain liability insurance. Kerry Moore with Chef Toddzilla’s Mobile Cuisine said the City does not require food trucks to obtain liability insurance, some businesses do. City festivals require liability insurance. Major city’s require propane tank inspections. We tried to get a propane tank inspection from the City’s Fire Department. Food Mobile Vendors are not defined in the City Code. Commissioner Gwartney suggested the National Food Truck Association can help cities develop ordinances. Mr. Morris said staff will look at code issues for the next meeting. Planning & Zoning Commission Page 3 of 4 January 26, 2016 Minutes  2. Discussion of home-based day cares Mr. Morris introduced home-based day cares. Minor Home Occupation allows up to six children per day and Major Home Occupation allows up to twelve per day with approval from Planning and Zoning Commission. Considerations are traffic flow – getting in and out of vehicles safely on neighborhood roads; neighborhood character; lot size. Commission agreed to keep cap at twelve per day for home based day cares. If over twelve, the daycare should be in a business area. Leave Childcare Centers in C1, C2, and C4. 3. Establish 2016 Planning & Zoning Commission Calendar Calendar presented by staff accepted as the meeting schedule for 2016. G. Public Comments No further public comments I. Adjourn The meeting adjourned at 7:13 p.m. Planning & Zoning Commission Page 4 of 4 January 26, 2016 Minutes EXHIBIT A: APPLICATION FOR CASE 16-01 x x  EXHIBIT B: STAFF SUMMARY OF CASE 16-01 Roswell Planning & Zoning Commission Tuesday, February 23, 2016 Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street I. General Data: Application: Case 16-01 Owners: Lorenzo & Angelica Franco Agent: Ariana Franco Address: 909 North Union Avenue Legal Description: RIVERSIDE HEIGHTS AMEND, Block 4, Lot 5 S2 AND: Lot:S2, Quarter: NW S: 32 T: 10S R: 24E Bk: 420 PG: 1505 WD Request: Conditional Use Permit for Major Home Occupation - Daycare II. Site data: Site Area: 9817.5 square feet UPC: 4135061161212000000 Existing Land Use: Single Family Home Proposed land Use: Single Family Home with In-home Daycare Existing Zoning: R-3 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Vacant R-3 South Single Family Home R-3 East Single Family Home R-3 West Vacant and Single Family Homes R-3 Planning & Zoning, 16-01 Page 1 of 3 February 23, 2016 III. Intent of Petition: The applicant is requesting a conditional use permit for a Major Home Occupation to operate an in-home daycare for up to twelve children per day. The applicant’s parents operated an in-home day care at this same location until March of 2015. The property is already set up for use as a home daycare with a fenced in playground, activity area for the daycare, and designated drive pad for drop-off and pick-up. The City’s Zoning Ordinance 15-09 as amended July 9, 2015, Article 27 governs home occupations. Article 27: HOME OCCUPATIONS Section 2. Permits and Restrictions: A. All Home Occupations shall require an approved Business License from the City of Roswell Business Licensing clerk. C. Major Home Occupations shall require a Conditional Use Permit approved by the Planning and Zoning Commission at a Public Hearing prior to issuance of a Business License. Conditional Use Permits are bonded to the applicant at the residential lot state on the application and are non-transferable. D. The applicant for the home occupation shall live on the premises and shall either be the owner of the residence, have some controlling interest in the property, or have the notarized, written consent or signature of the property owner, which allows the home occupation to be conducted on the premises. 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. The Planning and Zoning Commission may place conditions on a Conditional Use Permit such as limitations on hours of operation, number of clients per day, parking areas, and other restrictions to the operation of a business. Article 27: HOME OCCUPATIONS Section 2. Permits and Restrictions E. Home occupations may only be conducted after approval from either staff or the planning and zoning commission. Approval for home occupations may only be granted if the following items have been met: 1. Home occupation application conforms to the provisions of this ordinance. 2. Conditional use permit application conforms to the provisions of this ordinance. 3. Home occupation will not alter the residential nature of the home or neighborhood. Planning & Zoning, 16-01 Page 2 of 3 February 23, 2016 Section 6. Standards and Regulations for Major Home Occupations E. Group day care homes for children shall be limited to more than six but less than 12 children, as determined by the state. The Planning and Zoning Commission shall determine allowable business hours based on the nature of the business. 3. If approved, a City of Roswell business license must be obtained and kept current. 4. One (1) protest has been received at the time of this writing. V. Staff Recommendation: Based on the findings of fact, and the regulations established in the Zoning Ordinance, Staff recommends approval of the conditional use permit for a major home occupation to allow an in-home day care for up to twelve children per day. Planning & Zoning, 16-01 Page 3 of 3 February 23, 2016 EXHIBIT C: LETTER SENT CERTIFIED MAIL ON FEBRUARY 3, 2016 TO SURROUNDING PROPERTY OWNERS EXHIBIT D: LIST OF PROPERTY OWNERS TO WHOM NOTIFICATION SENT EXHIBIT E: MAP OF SURROUNDING PROPERTIES/NOTIFICATION SENT TO OWNERS  EXHIBIT F: AERIAL VIEW OF 909 NORTH UNION AVENUE 909 North Union Case 16-01 Conditional Use Permit Home Day Care Play Room ** *************** Paved Alley **************** Playground 2- Car Driveway & Garage Pick-up & for Home Owner Drop-off Drive Pad  EXHIBIT G: LETTER 1 February 5, 2016 Re: Protesting the use Permit: Public Hearing Notice Case 16-01: Application for Conditional Use Permit for Major Home Occupation –Daycare Dear Ms. Meredith Hildreth, Thank you for notifying us regarding the Application for use the permit for the Daycare address 909 North Union Ave, Roswell, NM. I Laura L. Hill and my husband Richard G. Hill strongly protest the applicant for approval permit for the Home Occupation for an in-home Day Care for up to 12 Children. I would like to share a bit of history with the Daycare that has been in operation for years’ time. Between my home 904 N. Kansas Ave and next door neighbors across the alley 906 N. Kansas Ave there is an alley that runs east to west which the day care is down the alley at 909 North Union Ave. For years it has been a contention with them due to cars using the alley as a street at all times of the day and night. The cars have pitched rocks in to the yards, cut across our yard, and often traveling at a high rate of speed. We have put posting up that stated watch for children. We have grandchild who play in the front yard and it is dangerous with the traffic in the alley. Through the years we have complained to the City office but was told I signed an approval for it years ago by me. I asked to see my signature and was told they have did not have it and there was nothing we could do. We purchased our home in 1991, I have never nor my husband signed or verbally given approval of the Daycare. It is my understanding that alleys are not to be use as a street for a businesses. I had spoken to the owners in the past regarding the traffic and they said they would talk to the parents who pick up their children and ask them to use the driveway on Union Ave. That didn’t last a week and it still continues. Both or the homes that boarder the alley have bedrooms on the alley side it is difficult to say the least most evening when the cars come thorough at night. I thank you for your reading this letter. I hope you will take our protest under consideration. Please let me know if you have questions. Sincerely Laura L. Hill Richard G. Hill  EXHIBIT H: LETTER 2 2/16/2016  Araceli Renteria 902 North Kansas Ave. Roswell, NM 88201 575-317-7843 Merideth Hildreth, M.A., AICP Current Planning Administrator Dear Mrs. Hildreth, I am the owner of 902 North Kansas Avenue, this letter is a response to the Public Hearing Notice to protest against Case# 16-01 Application for Conditional Use Permit for Major Home Occupation Daycare at 909 North Union Avenue. My personal reason for this protest is due to the high traffic through the alley we have due to the current Minor Home Occupation Daycare at the same location. The alley is being used to drop off and pick up the children, starting at Kansas next to my home and ends on Union, it is not completely paved and there is traffic at all hours which is causing a lot of issues. The curbs have been chipped, cracked and there is a lot of dust due to this traffic. My understanding is that this is a violation of Roswell Zoning Ordinance #10-02 Article 28 Section 3 A & K. Respectfully, Araceli Renteria  DRAFT ORDINANCE FOR DISCUSSION Presented to City of Roswell Planning & Zoning Commission, February 23, 2016 5.12.140: MOBILE FOOD VENDORS: The City may grant yearly permits to mobile food vendors to sell food and beverages or nonfood items or both within the City limits. Mobile vendors shall not be allowed in any area that may hinder the flow of vehicular or pedestrian traffic on public or private property, or block alleyways, fire zones, sidewalk, and other easements. Applicants for a vendor permit on private property will be required to comply with section XXX of this chapter and other requirements as may be prescribed by the City Council prior to the issuance of a permit by the City. XXX: MOBILE VENDORS ON PUBLIC PROPERTY: In addition to the requirements for permitting on private property, mobile vendors wanting to operate on public property shall need the approval of the City Engineer. XXX: REQUIREMENTS FOR PERMIT APPLICATIONS: Application Requirements: Applications for permits shall include the following: 1. Name, address and phone number of the applicant. 2. Site plan showing proposed location of the vendor site. 3. Proof of food inspection certificate from the State Environment Department if appropriate. 4. Proposed days and hours of operation. 5. A state taxpayer identification number. 6. Proof of comprehensive general public liability and property damage insurance naming the City of Roswell as an additional insured and providing coverage in at least the maximum liability amounts specified in the New Mexico tort claims act New Mexico Statutes Annotated section 41-4-19. In the application, the applicant shall also indemnify and hold harmless the City of Roswell against all liability, harm or claims arising out of the permitted use. 7. Vendors shall have a valid thirty five dollar ($35.00) business registration fee issued by the City. 8. Written permission from property owner to allow the use of the site. XXX: CONDITIONS OF OPERATION FOR VENDORS: A. Vendor vehicles and trailers shall pass an annual inspection by the City Fire Marshal prior to use. B. Vendor vehicles and trailers using propane heating sources shall pass an annual inspection by the LP gas inspector with the New Mexico Regulation and Licensing Department, Construction Industries Division. Mobile Food Vendors Page 1 of 2 1/27/16 C. Vendors shall pass an inspection by the State Environment Department and receive a food inspection certificate prior to vending. D. Vendor vehicles and trailers shall be fully independent concerning water, sewage and power, consistent with all State regulations. E. Mobile vendors shall maintain the area in proximity to the cart in a neat, clean, and hazard free and nuisance free condition and shall dispose of trash off the site. F. Mobile vendors shall not obstruct traffic, create an impediment or hazard and shall adhere to other instructions as may be directed by the city police department. G. Vendors are not permitted to operate at any city park or facility where there is a concession stand operating at the same time. XXXX: NONCOMPLIANCE; RIGHT TO REVOKE PERMIT: If, in the reasonable opinion of the city manager, a vendor is in violation of any of the conditions of this chapter or any other regulation or provision of law, the City may revoke the permit, giving the vendor a minimum of twenty four (24) hours' notice of the revocation. Mobile Food Vendors Page 2 of 2 1/27/16  Planning & Engineering Department City of Roswell PO Box 1838 Roswell, NM 88202-1838 2016 Planning & Zoning Commission Meeting Dates Meetings will be held at 6:00 p.m. Roswell Museum and Art Center Bassett Auditorium January 26, 2016 February 23, 2016 March 22, 2016 April 26, 2016 May 24, 2016 June 28, 2016 July 26, 2016 August 23, 2016 September 27, 2016 October 25, 2016 November 15, 2016 (Third Tuesday) December 20, 2016 (Third Tuesday) (Schedule Approved by the Planning & Zoning Commission on January 26, 2016)