Planning & Zoning Commission

P&Z REGULAR MEETING DRAFT MINUTES Tuesday, September 25, 2018 - 6:00 PM Roswell Planning & Zoning Commission Bassett Auditorium, Roswell Museum and Art Center 100 West 11th Street Chair: Riley Armstrong, Vice Chair: David Storey, Secretary: Jesse McDaniel Members: Kent Taylor, Saul Aguilar, James MacCornack, Jana Lessard Community Development Staff: William Morris, AICP, CZO; Merideth Hildreth, AICP; Miguel Martinez Engineering Staff: Louis Najar, PE Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4, NMSA 1978 and City of Roswell, NM Resolution 18-55. A. CALL TO ORDER AND WELCOME –Chair Riley Armstrong A regular meeting of the Planning & Zoning Commission was called to order at approximately 6:00 p.m. by Chair Armstrong. B. ROLL-CALL Riley Armstrong (Chair) PRESENT David Storey PRESENT Kent Taylor PRESENT Jesse McDaniel ABSENT Saul Aguilar PRESENT Jana Lessard PRESENT James MacCornack PRESENT Staff Members Present: Louis Najar, PE, Director of Engineering & Public Works William Morris, AICP, CZO, Director of Community Development Merideth Hildreth, AICP, Planning & Zoning Administrator Miguel Martinez, Planning & Zoning Technician Audience Members Present: Larry Connolly, Nicholas Romano, Allen Potter, Olan Featherstone, Jaimie Pack, Lori Pack, C. SWEARING IN: Chair Armstrong swore in staff and members of the audience. D. APPROVAL OF THE AGENDA Commissioner Storey MOTIONED to approve the agenda as presented. Seconded by Commissioner Aguilar. The motion passed by a voice vote of six to zero. (Absent: Commissioner McDaniel) E. MINUTES: Consider approval of the August 21, 2018 P&Z Regular Meeting Minutes  Commissioner Taylor MOTIONED to approve the minutes for the August 21, 2018 Regular Planning & Zoning Commission Meeting. Seconded by Commissioner Storey. The motion passed by a voice vote of six to zero. (Absent: Commissioner McDaniel) F. PUBLIC HEARING ITEMS: 1. CASE 18-012 VAR: Request variance the size of lot and setbacks for a 69’ tall telecommunications monopole tower in C-2. Legal Description: Subd: BERRENDO SUMMARY PLAT 3 Lot: 1B S: 16 T: 10S R: 24E BK: 776 PG: 1556 WD Property Address: 111 E BERRENDO ROAD (Owner: Roswell Hospitality, LLC). Chair Armstrong introduced Case 18-012. Commissioner Storey made a MOTION to waive the Reading of the Land Use Considerations, Finding of Facts, and Staff Recommendation for Case 18-012. Seconded by Commissioner Lessard. The motion passed by a voice vote of six to zero. (Absent: Commissioner McDaniel) Chair Armstrong: Is there anyone wishing to speak in favor of Case: 18-012? In Favor: Allen Potter with Romano & Associates: A couple of minor corrections on Staff Report (Staff Summary Exhibit B) Total height of 70' not 75' on page 1. Page 3, Section 3, overall height of structure will by 70' not 75'. We don't yet know who the contractor will be. Structure needs to be 77' from each property line to meet setback requirements. Page 8: Letter from City's consultant CMS, referenced AT&T rather than Verizon. Staff provided the revised exhibit. Revised to 77'. Locating tower on slightly smaller parcel. Other side of the property to the north and east has a 25' alley and will provide more setback from the residential properties. This site will work with Verizon's other sites, that's why this location is so important to Verizon. It is a growing area for traffic that uses cell tower service. Chair Armstrong: Mentioned that the Commissioners have the letter that was revised. Chair Armstrong: Had a question about the structure not meeting the required setback. Mr. Potter: The setback requirement is 110% of the height of the facility. The structure is 70’ tall. 77’ is required to be setback from the property lines. If you add in the 25 foot Right-of-Way of the alley, that would help us meet the setback. Chair Armstrong: Is there anyone wishing to speak against Case: 18-012? None Mr. Morris: Staff thought about a couple of things such as the additional need. Everyone has more items in their house that use band width. If the tower should fall, the houses are outside the fall zone. This is a relatively short tower. The stealthing in this case didn't seem to make sense such as with a “pine” tree stealthing. Mr. Taylor: Out of the 15 property owners notified, no one sent anything? Ms. Hildreth: No one sent anything. Mr. Morris: Earlier in my career, towers were 165' tall. The height has been minimized. Mr. Najar: Stated he supports the variance. The foundation is sound. MOTION – 18-012 VAR Commissioner Storey made a motion to approve 18-012 a variance for cell tower based on the Finding of Facts, the land use and zoning considerations, testimony, material presented during the meeting, and Staff recommendations. Second by Commissioner MacCornack. The motion passed by a voice vote of six to zero. (Absent: Commissioner McDaniel) 2. CASE 18-013 ZOC: Request for a change in zoning from R-1 to R-3. Subd: BERRENDO IRRIGATED FARMS Block: 20 Lot: 37 N 107’ S 250’ W 250’ S: 20 T: 10S R: 24E BK: 802 PG: 1218 WD Property Address: 2503 N Washington Avenue (Owner: SBC&W, LLC). Chair Armstrong introduced Case 18-013. Commissioner Taylor made a MOTION to waive the Reading of the Finding of Facts with respect to Case 18-013. Seconded by Commissioner Aguilar. The motion passed by a voice vote of six to zero. (Absent: Commissioner McDaniel) Chair Armstrong: Is there anyone wishing to speak in favor of Case: 18-013? In Favor: Olan Featherstone: Said he didn't have specific plans yet, but for an office. In order to combine the two lots, they must have the same zoning and will have 9.2 acres. The corner lot by itself is too small to develop with the setbacks. Chair Armstrong: Is there anyone wishing to speak against Case: 18-013? None Mr. Morris: Staff recommends approval. It is a compatible zoning for the office, church, and golf course, medical offices. This is an opportunity for the development of an office of some sort given the road and adjacent uses. Mr. Najar: Supports the change to R-3 as an infill project. Storey: Asked if anyone who was notified had comments? Ms. Hildreth: No one commented. MOTION – 18-013 ZOC Commissioner Storey made a motion to approve Case 18-013 zone change based on the Finding of Facts, the land use and zoning considerations, testimony, material presented during the meeting, and Staff recommendations. Second by Commissioner Lessard. The motion passed by a voice vote of six to zero. (Absent: Commissioner McDaniel)  Note: Cases 18-014, 18-015, 18-016 have been withdrawn 3. CASE 18-017 VAR: Request variance for the street side yard setback in R-1 for a new home. Legal Description: Subd: CUMMINGS SUMMARY PLAT REPLAT Lot: A1 S: 16 T: 10S R: 24E BK: 807 PG: 1021 WDJT Property Address: 301 Mission Arch Drive (Owner: Jamie & Lori Pack). Chair Armstrong introduced Case 18-017. Commissioner Lessard made a MOTION to waive the Reading of the Finding of Facts with respect to Case 18-017. Seconded by Commissioner Taylor. The motion passed by a voice vote of six to zero. (Absent: Commissioner McDaniel) Chair Armstrong: Is there anyone wishing to speak in favor of Case: 18-017? In Favor: Jaimie Pack is asking for a variance to the side yard setback on the corner to build his home. Chair Armstrong: Mentioned he understands the reason for the request and clarified the setback would be 15' if a variance for 10' is granted. Chair Armstrong: Is there anyone wishing to speak against Case: 18-017? None Mr. Morris: Staff recommends approval of this variance request. It is compatible with the nature of the neighborhood. It is at the end of this road. It is not inconsistent with the other corner lots. Mr. Najar: Supports it from an engineering point of view. Does not pose a problem with the clear site triangle and provides infill. Brad McFadden visited the office last week and is in support of the variance. MOTION – 18-017 VAR Commissioner Taylor made a motion based on the Finding of Facts, the land use and zoning considerations, testimony, material presented during the meeting, and Staff recommendations to approve Case Number 18-017. Second by Commissioner MacCornack. The motion passed by a voice vote of six to zero. (Absent: Commissioner McDaniel) 4. CASE 18-018 ZOC: Request for a change of zoning from RMS to R-3 for all properties on the 2300 Block of Davis Avenue. Legal Description: Subd: DAVIS Lots: 1-20 Quarter: NW S: 28 T: 10S R: 24E and CORZINE SUMMARY PLAT Lot: 1 Quarter: NW S: 28 T: 10S R: 24E BK 679 PG 841 REC known as 2306 Davis Avenue. . Chair Armstrong introduced Case 18-018. Commissioner Storey made a MOTION to waive the Reading of the Finding of Facts with respect to Case 18-017. Seconded by Commissioner Aguilar. The motion passed by a voice vote of six zero. (Absent: Commissioner McDaniel) Ms. Hildreth: Staff recommends rezoning this neighborhood from RMS (Residential Manufactured Home Subdivision) to R-3 (Residential). The 2300 block of north Davis Avenue has brick homes built circa in the 1960’s. There are a couple of doublewides also on this block. The surrounding blocks on the east and west sides are a mixture of singlewides, doublewides, and site built homes. They are also zoned RMS. RMS allows for singlewides and is the only zoning district besides mobile home parks that allows singlewides. The lots on Davis Avenue are shorter lots and are more difficult to accommodate longer singlewides. Lots are only 123’ deep and have a 20’ setback in the front and rear. The streets on these blocks are more rural with approximately 20’ asphalt pavement widths without curb, gutter or sidewalk. There are several vacant lots on the Davis Avenue block. R-3 allows for single family duplexes, town homes and multi-family homes, only on lots that are large enough to accommodate those uses. Article 22 Development Standards has been included in the packet for reference. The lot to the north has been replatted and rezoned to Commercial Office. City staff recommends approval of the zone change and city staff brought forward the zone change. Mr. Morris: Replace the current zoning district with a zoning district that is more compatible for what is currently on that stretch of road. Chair Armstrong: Is there anyone wishing to speak in favor of Case: 18-018? In Favor: Larry Connolly: This neighborhood has been a mess and a zone change would be a great improvement. Mr. Martinez: Stated he has had calls from around the community supporting the zone change. Chair Armstrong: Is there anyone wishing to speak against Case: 18-018? None Mr. Morris: Staff recommends approval. Mr. Najar: Agrees and it would help maintain the quality the economics of their house. Mr. Martinez: Many of the lots are owned by the same property owner. MOTION – 18-018 ZOC Commissioner Storey made a motion to approve 18-018 zone change from RMS to R-3 based on the Finding of Facts, the land use and zoning considerations, testimony, material presented during the meeting, and Staff recommendations to approve Case Number 18-018. Second by Commissioner MacCornack. The motion passed by a voice vote of six to zero. (Absent: Commissioner McDaniel)  5. PROPOSED TEXT AMENDMENTS TO THE CITY OF ROSWELL ZONING ORDINANCE: Review, discussion, and recommendation of several text Amendments to the City of Roswell Zoning Ordinance. Chair Armstrong: Introduced the item to address the Proposed Text amendments to the City of Roswell Zoning Ordinance. Some Commissioners have asked to defer to another time or if we could address the most pertinent ones. Mr. Morris: On page 30, we will review commercial and oversize trucks and heavy equipment at a different time. We have recommended striking this from Home Occupations Article. These vehicles will be addressed under the section of the Code that governs Oversized Vehicles. Page 43, if an intersection has lighting, we took that out and showed graphics showing Art Deco examples of lighting fixtures. Chair Armstrong: Asked if text amendments can be sent earlier so Commissioners have more time to review this. Mr. Morris: Has no problem rolling this same packet to next month. Commissioner Taylor: Asked about holding a workshop prior to the meeting. Mr. Morris: Suggested looking at it and send Mr. Morris an email. Commissioner Lessard: Asked if we get a lot of calls about oversized vehicles. Mr. Morris: There are more of these large vehicles than in the past. There are cul-de- sacs at night that have more large vehicles that come in at night. Commissioner Storey: Have you received complaints about a very large structure on Cajun Court and is it permitted? Mr. Morris: Yes and yes. Chair Armstrong: Recommended holding Workshop on Text Amendments one hour before October's meeting. G. NON-ACTION ITEM H. OTHER BUSINESS I. PUBLIC COMMENTS J. ADJOURN Chair Armstrong adjourned the meeting at 6:53 p.m.