Planning & Zoning Commission

P&Z REGULAR MEETING MINUTES Tuesday, November 28, 2017 - 6:00 PM Roswell Planning & Zoning Commission Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street Chair: Ralph Brown, Vice Chair: Riley Armstrong Members: Shirley Childress, Toby Gross, David Storey, Kent Taylor, Jessie McDaniel Planning Staff: Merideth Hildreth, AICP; Miguel Martinez William Morris, AICP, CZO; Louis Najar, PE Notice of this meeting was given to the public in compliance with Sections 10-15-1 through 10- 15-4, NMSA 1978 and City of Roswell, NM Resolution 17-49. 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. B. ROLL-CALL Ralph Brown (Chair) PRESENT Riley Armstrong (Vice Chair) PRESENT Toby Gross PRESENT Shirley Childress PRESENT David Storey PRESENT Kent Taylor PRESENT Jesse McDaniel PRESENT Staff Members Present: Merideth Hildreth, AICP, Planning & Zoning Administrator Miguel Martinez, Planning & Zoning Technician William Morris, AICP, CZO, Planning Manager Louis Najar, P.E., Director of Planning & Zoning Audience Members S: Todd Wagener, Bill Davis, Lisa Dunlap, Tyler Carter, Michele Carter, Carlos Laris, Christina Laris Planning & Zoning Commission November 28, 2017 Minutes Page 1 of 7  C. SWEARING IN: Chair Brown swore in staff and members of the audience. D. APPROVAL OF THE AGENDA Commissioner Childress made a MOTION to approve the agenda for the November 28, 2017 Planning & Zoning Commission Regular Meeting with Item Number 6 being tabled. Second by Commissioner Storey. The motion passed by a voice vote of seven to zero. E. MINUTES: Consider approval of the October 24, 2017 P&Z Workshop Minutes Commissioner Armstrong made a MOTION to approve the minutes of the Planning & Zoning workshop held on Tuesday October 24, 2017. Second by Commissioner McDaniel. The motion passed by a voice vote of seven to zero. F. MINUTES: Consider approval of the October 24, 2017 P&Z Regular Meeting Minutes Commissioner Gross made a MOTION to approve the regular meeting minutes of October 24, 2017 Planning & Zoning Commission meeting as written. Second by Commissioner Armstrong. The motion passed by a voice vote of seven to zero. G. ACTION ITEMS (PUBLIC HEARING ITEMS): 1. CASE 17-022 VAR: A Request for a Variance from the Zoning Code to allow a carport to encroach into the south yard setback and a porch to encroach into the north yard setback of an existing accessory residential structure in the C-1 Neighborhood Commercial District. Legal Description: Subd: ALAMEDA HEIGHTS Block: 14 Lot: 4 S 50' BK 765 PG 615 WDJT (REC) (Owner: Juan E Laris & Cristina Laris) Property Address: 710 S Lea Avenue & 503 W Deming Street (residential structure). (Tabled at the October 24, 2017 meeting.) Motion to untable Case Number 17-022 was made by Commissioner Storey. Second by Commissioner Childress. The motion passed by a voice vote of seven to zero. Planning & Zoning Commission November 28, 2017 Minutes Page 2 of 7  MOTION to waive the Reading of the Finding of Facts with respect to Case 17-022 was made by Commissioner Armstrong. Second by Commissioner Childress. The motion passed by a voice vote of seven to zero. Chair Brown: Is there anyone wishing to speak in favor of Case: 17-022? In Favor: Carlos Laris Mr. Najar: Mr. Najar discussed his site visit and recommended approval of the variance for a porch only, nothing enclosed, no carport to be built, sidewalk and driveway constructed in the future must meet code and ADA requirements. Chair Brown: Is there anyone wishing to speak against Case: 17-022? Against: None. Staff Comments: Mr. Morris: Staff is fine with the conditions, building permit required, and no enclosure. MOTION – 17-022 VAR Motion to approve Case 17-022 with the land use and zoning considerations, based on the finding of facts and the testimony presented was made by Commissioner Storey Second by Commissioner McDaniel. The motion passed by a voice vote of seven to zero.  CASE 17-023 PPLAT: A Request for a Preliminary Plat for Bella Piazza Subdivision Unit I to develop and build a professional office subdivision and Unit 2 to build a 19-lot single family subdivision in R-4 Residential Zoning District. Legal Description: Subd: COUNTRY CLUB ESTATES SUMMARY PLAT Tracts A, B, & C S: 30 T: 10S R: 24E BK 571 PG 1117 WD (Owner: Eden Land Development LP) Property Location: 1300 Block on south side of West Country Club Road and 2400 Block on west side of North Union Avenue. MOTION to waive the Reading of the Finding of Facts with respect to Case 17-023 was made by Commissioner Armstrong. Planning & Zoning Commission November 28, 2017 Minutes Page 3 of 7  Second by Commissioner Gross. The motion passed by a voice vote of seven to zero. Chair Brown: Is there anyone wishing to speak in favor of Case: 17-023? In Favor: Todd Wagener Against: None. Staff Comments: Mr. Morris: The subdivision meets all requirements and Staff recommends approval. Questions and discussion regarding storm water retention on individual professional office lots and clarification about the dedicated retention pond on Lot 7 in Unit 2. MOTION – 17-023 PPLAT Motion to approve Preliminary Plat Case Number 17-023 with the land use consideration, the finding of facts, staff recommendation, and the testimony presented was made by Commissioner Storey. Second by Commissioner McDaniel. The motion passed by a voice vote of seven to zero.  CASE 17-024 FPLAT: A Request for a Final Plat for Bella Piazza Subdivision Unit I to develop and build a professional office subdivision in R-4 Residential Zoning District. Legal Description: Subd: COUNTRY CLUB ESTATES SUMMARY PLAT Tracts A, B, & C S: 30 T: 10S R: 24E BK 571 PG 1117 WD (Owner: Eden Land Development LP) Property Location: 1300 Block on south side of West Country Club Road and 2400 Block on west side of North Union Avenue. MOTION to waive the Reading of the Finding of Facts with respect to Case 17-024 was made by Commissioner Armstrong. Second by Commissioner Childress The motion passed by a voice vote of seven to zero. Chair Brown: Is there anyone wishing to speak in favor of Case: 17-024? In Favor: Todd Wagener Planning & Zoning Commission November 28, 2017 Minutes Page 4 of 7  Against: None. Staff Comments: Mr. Morris: This is a recommendation to go to City Council. MOTION – 17-024 FPLAT Motion to approve Case Number 17-024 based on the finding of facts, nature of the proposed land use consideration, and the testimony provided to move forward to City Council was made by Commissioner Armstrong. Second by Commissioner McDaniel. The motion passed by a voice vote of seven to zero.  CASE 17-025 VAR: A Request for a Variance from the Zoning Code to allow a high resolution digital billboard displaying on and off-premise advertising that is less than 1,000 feet from the nearest off-premise sign/billboard on the same side of the street; a variance for more than one free-standing sign on a lot; and a variance to the side property line setback in C-2 Community Commercial Zoning District. Legal Description: Subd: Atwell Summary Plat Lot: 2 Quarter: NW S: 28 T: 10S R: 24E BK 740 PG 1006 WD. (Owner: Tyler Carter) Property Address: 2415 & 2417 N Main Street. MOTION to waive the Reading of the Finding of Facts with respect to Case 17-025 was made by Commissioner Armstrong. Second by Commissioner Childress The motion passed by a voice vote of seven to zero. Chair Brown: Is there anyone wishing to speak in favor of Case: 17-025? In Favor: Tyler Carter Chair Brown: Is there anyone wishing to speak against Case: 17-025? Against: None Planning & Zoning Commission November 28, 2017 Minutes Page 5 of 7  Staff Comments: Mr. Morris: Most local governments try to regulate large billboard off-premises signs. Our sign code was adopted about 4 years ago and states billboards must be separated by at least 1000 feet on the same side. The applicant is proposing a separation of approximately 350 feet. There are 77 billboard signs inside the City Limits. Most communities do their best to keep billboards out. Our code allows billboards with limitations. Billboards must also be approved by New Mexico Department of Transportation on Main Street and Second Street. This billboard doesn't meet separation requirements in the code. There are no unusual circumstances on the property. This application for a variance is for the applicant to install a revenue-generating sign on the property. In Staff’s view, the application doesn't meet the criteria. Staff recommends denial. Ms. Hildreth: This is a 12X25 foot 300 square foot sign on one side and another 300 square foot sign on the other side. It’s a large sign. Discussions ensued in reference to the sign code, the need for sign code revisions, sign content, nearness of proposed billboard to intersection, and approval by New Mexico Department of Transportation as a condition if a variance is granted, and congestion of signs. Mr. Najar: The issue is on-premise or off-premise. It's Staff's job to enforce the code, and Mr. Najar stands with Planning Staff for denial. Chair Brown: Any decisions today can be appealed to City Council by noon time on Thursday, November 30, 2017 in writing to the City Clerk. MOTION – 17-025 VAR Motion to approve Case Number 17-025 based on the finding of facts and the testimony presented and if approved get permit from NMDOT was made by Commissioner Storey. Second by Commissioner McDaniel. The motion passed by a roll call vote of six to one, with Chair Brown voting nay. Ralph Brown (Chair) PRESENT nay Riley Armstrong (Vice Chair) PRESENT yay Toby Gross PRESENT yay Shirley Childress PRESENT yay David Storey PRESENT yay Kent Taylor PRESENT yay Jesse McDaniel PRESENT yay Planning & Zoning Commission November 28, 2017 Minutes Page 6 of 7   APPROVE 2018 P&Z COMMISSION REGULAR MEETING SCHEDULE MOTION 2018 P&Z COMMISSION REGULAR MEETING SCHEDULE Motion to approve 2018 P&Z COMMISSION REGULAR MEETING SCHEDULE as proposed was made by Commissioner Armstrong Second by Commissioner Childress. The motion passed by a voice vote of seven to zero.  PROPOSED TEXT AMENDMENTS TO THE CITY OF ROSWELL ZONING ORDINANCE FOR THE FOLLOWING (Note: this item was tabled at the beginning of the meeting.) 1. ARTICLE 20: I-1 LIGHT INDUSTRIAL DISTRICT 2. ARTICLE 21: I-2 HEAVY INDUSTRIAL DISTRICT 3. TABLE OF CONTENTS - ADDITION OF RESERVED ARTICLES AND RE-NUMBERING 4. ARTICLE 4: DEFINITIONS 5. ARTICLE 29: HOME OCCUPATIONS 6. ARTICLE 16: C-2 COMMUNITY COMMERCIAL DISTRICT H. OTHER BUSINESS Discussion referencing the next regular Planning & Zoning Commission meeting scheduled for December 19, 2017. I. PUBLIC COMMENTS Mr. Najar: There is a second draft of the Transitional Housing Ordinance that will go to Infrastructure Committee and will share with you in the December or January meeting. J. ADJOURN The meeting adjourned at 7:09 p.m. Planning & Zoning Commission November 28, 2017 Minutes Page 7 of 7