Planning & Zoning Commission

P&Z REGULAR MEETING DRAFT MINUTES Roswell Planning & Zoning Commission Tuesday, October 23, 2018 - 6:00 PM Bassett Auditorium, Roswell Museum and Art Center 1011 N Richardson Avenue 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 6:02 p.m. by Chair Armstrong. B. ROLL-CALL Riley Armstrong (Chair) PRESENT David Storey PRESENT Kent Taylor ABSENT Jesse McDaniel PRESENT Saul Aguilar PRESENT Jana Lessard ABSENT 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, Judy Stubbs (City Councilor), Mauro Gibson, Mrs. Gibson, Lionel Renteria, Rosa Renteria, Robert Kurtz, Cassandra Flores-Sanchez, Robert Jenson, Martin Gilliland, Linda Gilliland, Luke Stiggins, Lisa Dunlap (RDR) 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 for the October 23, 2018 Planning & Zoning Commission meeting. Seconded by Commissioner McDaniel. The motion passed by a voice vote of five to zero. (Absent: Commissioners Taylor and Lessard) Page 1 of 7 E. MINUTES: Consider approval of the September 25, 2018 P&Z Regular Meeting Minutes Commissioner McDaniel MOTIONED to approve the minutes for the September 25, 2018 Regular Planning & Zoning Commission Meeting as written. Seconded by Commissioner Storey. The motion passed by a voice vote of five to zero. (Absent: Commissioners Taylor and Lessard) F. PUBLIC HEARING ITEMS: 1. CASE 18-019 VAR: Request variance to install carport in front yard setback in C-4. Legal Description: Subd: DAVE FRESQUEZ Block: 1 Lot: 10 AND:- Lot: 11 E 3’ , BK: 442 PG: 491 WDJT. Property Address: 1803 W First Street (Owner: Mauro Gibson, Bonita May, and Marla Drake Frey). Chair Armstrong introduced Case 18-019, a variance to install a carport in the front yard setback. Commissioner McDaniel made a MOTION to waive the Reading of the Finding of Facts with respect to Case 18-019. Seconded by Commissioner MacCornack. The motion passed by a voice vote of five to zero. (Absent: Commissioners Taylor and Lessard) Chair Armstrong: Is there anyone wishing to speak in favor of Case: 18-019? In Favor: Mauro Gibson: stated he would like to have a carport since his pickup has been hailed on before. Chair Armstrong: Asked if Mr. Gibson has applied for a building permit. Mr. Martinez: Mr. Mauro has not yet applied for a building permit. Chair Armstrong: Is there anyone wishing to speak against Case: 18-019? None Mr. Najar: Spoke to clarify a couple of things. On page 11 of the Packet, Article 4 Paragraph 8, states the house across the street “has a 15’ setback from the existing carport.” (the text states: “has carport approximately 15’ behind the front property line.”) Mr. Najar stated he measured it at 19'7”. The (north) side of West First requires a 25’ setback and the south side of West First requires a 20’ setback. Mr. Najar stated the owners at 1804 West First did make an attempt to abide by the setback. Mr. Najar further stated he would support the variance with the conditions that the carport be 19' from back of sidewalk and be a carport of similar style and construction to the one at 1804 West First Street and may not be enclosed. Chair Armstrong: Asked if Mr. Gibson is alright with that? Mr. Gibson: Yes. Mr. Morris: Staff concurs and understands Mr. Gibson’s need to protect his vehicle. Page 2 of 7  Chair Armstrong: Motion needs to include setback of 19', similar style to the one across the street, never enclosed, and go through the permitting process. MOTION – 18-019 VAR Commissioner Storey made a motion to approve Case Number 18-019 based on the Finding of Facts, the land use and zoning considerations, testimony we received, Staff recommendation to include a setback from 25' to 19' along with other considerations that the City Engineering Staff has requested as with like construction. Second by Commissioner McDaniel. The motion passed by a voice vote of five to zero. (Absent: Commissioners Taylor and Lessard) 2. CASE 18-020 ZOC: Request change in zoning of northern portion of the lot from R-3 (Residential) to C-4 (Commercial) to match C-4 zoning on southern portion of the lot that fronts Second Street. Subd: WEST SIDE Block: 42 Lot: 1 THRU:- Lot: 7,,,,,, Quarter: SE S: 32 T: 10S R: 24E BK: 298 PG: 128 REC. Property Address: 400 W Third Street (Owner: First Presbyterian Church). Chair Armstrong introduced Case 18-020. Commissioner Storey made a MOTION to waive the Reading of the Finding of Facts and the Land Use and Zoning Considerations with respect to Case 18-020. Seconded by Commissioner MacCornack. The motion passed by a voice vote of five to zero. (Absent: Commissioners Taylor and Lessard) Chair Armstrong: Is there anyone wishing to speak in favor of Case: 18-020? In Favor: Robert Kurtz representing First Presbyterian Church: The church is looking at possible upgrades to signs on the property. When talking with zoning staff, we discovered the southern half of the property is zoned C-4 while the northern portion of the property is zoned R-3. The church is asking to have the whole property zoned C-4. Commissioner Storey: Asked about the type of sign. Mr. Kurtz: The church is looking at installing an electronic sign to replace the static monument sign. Chair Armstrong: Is there anyone wishing to speak against Case: 18-020? None Mr. Morris: It makes sense to rezone this portion of the parcel and is compatible with the general nature of the surrounding properties. Mr. Najar: Engineering supports this request. Page 3 of 7  MOTION – 18-020 ZOC Commissioner McDaniel made a motion based on the Finding of Facts, the land use and zoning considerations, testimony, material presented during this meeting, and Staff recommendations to approve Case Number 18-020. Second by Commissioner Aguilar. The motion passed by a voice vote of five to zero. (Absent: Commissioners Taylor and Lessard) 3. CASE 18-021 VAR: Request approval of three residential units on lot zoned R-2. Subd: ALAMEDA HEIGHTS Block: 10 Lot: 1 N2 BK: 755 PG: 114 QCDJT. Property Address: 600 S Missouri Avenue (Owner: Lionel Renteria and Rosa Renteria). Chair Armstrong introduced Case 18-021. Commissioner Aguilar made a MOTION to waive the Reading of the Finding of Facts and Land Use and Zoning Considerations with respect to Case 18-021. Seconded by Commissioner McDaniel. The motion passed by a voice vote of five to zero. (Absent: Commissioners Taylor and Lessard) Commissioner McDaniel: Stated he just realized that he is on the notification mailing list and asked if he needed to exempt (recuse) himself? Mr. Morris: Not unless you have a personal benefit from this case. Chair Armstrong: Is there anyone wishing to speak in favor of Case: 18-021? In Favor: Lionel Renteria: We have done a lot of upgrades to convert the garage into an apartment. We’re working with staff to get our property to an R-3 zone. Ms. Hildreth: Clarified that this is a request for a variance, not a rezoning. Commissioner McDaniel: There’s a primary house and there’s a second dwelling with two apartments in the same dwelling? Lionel Renteria: Yes sir. Chair Armstrong: Is there anyone wishing to speak against Case: 18-021? Cassandra Flores-Sanchez: Stated she has lived in her home for seven years. The home in question was condemned for several years before Mr. Renteria purchased the home and turned it into an apartment complex. She saw the Red Tag on the window. There have been problems on that property in the past and police have been called as well. Commissioner McDaniel: Asked if the property could have two units right now, as it is zoned R-2? Mr. Morris: Yes, it could have two units. Robert Jenson: The neighborhood has started to deteriorate and I do not want to see three families over there. Page 4 of 7 Chair Armstrong: Mentioned there was one letter received after the packet was put together in opposition. Mr. Storey: Asked about the building permit process. Mr. Morris: The conversion occurred without a permit. The Building Inspector and Fire Marshall issued a red tag after determining there was no insulation. There were amenities installed without a permit. Mr. Renteria: Showed photos and explained he called the police as part of eviction process. Commissioner McDaniel and Aguilar: Is anyone living in the back units now? Mr. Renteria: No. Commissioner McDaniel: For clarification, you improved the building without pulling permits and now you’re trying to get it fixed, and in the process get a variance to allow two apartments instead of one? Mr. Renteria: Yes. Ms. Sanchez: Spoke about going through the proper channels to get permits. Commissioner McDaniel: Asked Ms. Hildreth if it is zoned R-2 for a long time. Ms. Hildreth: Yes. Chair Armstrong: The Commission hears a lot of cases from property owners in the same circumstances that they started projects without a permit. He explained that proper permitting is still required and a Certificate of Occupancy has to be issued before anyone can live there. Chair Armstrong swore in a member of the audience. Luke Stiggens: How does this rezoning affect the value of the surrounding properties? Chair Armstrong: Clarified that this is not a request for rezoning. Luke Stiggins: Asked if this would affect property values. Chair Armstrong: Stated that cannot be answered. By looking at the pictures provided, it is an improvement. Any time there is an improvement, those obviously would better the values. Chair Armstrong: Opened it up for other comments, for or against. None spoke Mr. Morris: There is a need for decent quality, affordable housing. Now we have a house that needs to be rigorously inspected. That may include pealing back walls. Installation of sidewalk and two paved parking spaces for each unit for a total of six spaces. Chair Armstrong: All of this information has been made available in writing to the applicant? Mr. Morris: Yes. It’s in the staff report as well. Ms. Hildreth: The applicant has been given a copy of the packet. Mr. Najar: Stated he agrees with Staff in regards to the development and standards, but disagrees and does not support the variance. A previous case had a similar request and was denied. Mr. Najar stated he would like to remain consistent and does not support this request. Chair Armstrong: If the back unit were one unit instead of two, it would be supported? Mr. Najar: I would support 2 units on the lot with the other conditions. Commissioner Storey: Asked the applicant if he knows about the stipulations. Page 5 of 7 Mr. Renteria: Yes. Commissioner Storey: Were any permits pulled for this project? Mr. Morris: The entire structure is currently red tagged with no permits. Commissioner Aguilar: What is the size of that duplex? Mr. Najar: Stated each unit is approximately 600 square feet each if he were to guess. MOTION – 18-021 VAR Commissioner Storey made a motion to approve Case number 18-021 along with the Finding of Facts, the land use and zoning considerations, testimony received tonight, and Staff recommendations to specifically include Staff recommendations under Number VI (of Exhibit B) and all those be complied to by the applicant. Seconded by Commissioner McDaniel. The motion passed by a voice vote of four to one. (Absent: Commissioners Taylor and Lessard) 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. ARTICLE 3: Procedures, Amendments, and Changes Section 7: Annexation of Territory ARTICLE 4: Definitions ARTICLE 5: Establishment of Zoning Districts ARTICLE 8: R-VL Residential Very Low District ARTICLE 10: R-L Residential Low District ARTICLE 26: MXP Mixed Use Plaza District ARTICLE 28: C-1 Neighborhood Commercial District ARTICLE 30: C-2 Community Commercial District ARTICLE 38: I-1 Light Industrial District Page 6 of 7  ARTICLE 42: P-R Parks and Recreation District ARTICLE 44: INST Institutional District ARTICLE 46: RVP Recreational Vehicle Park ARTICLE 50: Development Standards Mr. Morris talked about the table for setbacks and Section 2.3 regarding the Affordable Housing Plan. ARTICLE 30: C-2 Community Commercial (Strike RV Park Standards) Mr. Morris asked for a motion to approve the text amendments up to Article 50...... Commissioner Storey: Where does it goes from here? Mr. Morris: The text amendments will go through Legal Committee on its way to City Council. Commissioner Storey made a motion to approve the items discussed tonight in the text amendments beginning with Article 3 through Article 50 with the favorable recommendation onto the Legal Committee and the City Council along with the comments and suggestions made this evening. Seconded by Commissioner McDaniel. The motion passed by a voice vote of five to one. (Absent: Commissioners Taylor and Lessard) G. NON-ACTION ITEM H. OTHER BUSINESS I. PUBLIC COMMENTS – Mr. Martinez: Thanked the Planning & Zoning Commission for their patience, time, and effort through this entire text amendment process and working diligently with Staff. J. ADJOURN Chair Armstrong adjourned the meeting at 6:57 p.m. Page 7 of 7