Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, April 23, 2019 at 6:00 PM Meeting Room A, Roswell Convention & Civic Center 912 N Main St Chair: Riley Armstrong; Vice Chair: David Storey; Secretary: Jesse McDaniel Members: Kent Taylor, Saul Aguilar, James MacCornack, Jana Lessard Engineering & PW Director, Louis Najar, P.E.; Community Development Director: William Morris, AICP, CZO; Planning & Zoning Administrator: Merideth Hildreth, AICP; Planning & Zoning Technician: Miguel Martinez A. Call to Order B. Roll-Call C. Swearing In D. Approval of the Agenda E. Approval of the March 26, 2019 P&Z Regular Meeting Minutes F. Public Hearing Items CASE 19-010 VAR: A request for a variance to allow a carport to encroach in the south street side yard setback. Legal Description: S: 6 T: 11S R: 24E NE4SE4 S 104.71' N 211.71' W 208' E 23 BK 672 PG 331 WD. 704 South Sunset Avenue. (Owner: LTF LLC). CASE 19-011 ZOC: A request to administratively change zoning of publicly owned properties within the city’s jurisdiction. G. Other Business H. Public Comments I. Reports/Announcements J. 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 18-55. NOTICE OF POTENTIAL QUORUM – A quorum of the City Council may or may not attend, but there will not be debate by the City Council. The Council, acting as attendees to an informational presentation, will not be discussing public business and no action will be taken. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624- 6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Printed and posted: April 17, 2019 Page 1 of 15  P&Z REGULAR MEETING DRAFT MINUTES Roswell Planning & Zoning Commission Tuesday, March 26, 2019 - 6:00 PM Basset Auditorium; Roswell Museum & 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 6:00 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: Paul Nevarez, Candace Farrar, Martina Uranga, Helen Jobe, Colette Smith, Gloria Wier, Bill Wier, Jeff Smith, Deborah Arnold, Melodi Salas, Jane Moore, Jerry Pope, Linda Montgomery, Kenneth Jennings, Randy Jennings, Bill Wells, Dave Camper, Deborah Pendergrass, Buddy Pendergrass, Jane Nevarez, Maureen McGinn, Connie Helton, Toney Reynolds, Julia Reynolds, Mindea Perham, Allyn Grant, Larry Connolly, Harold Hobson, Mary Rogers, George Reynolds, Lisa Dunlap, Kevin Lukes (via telephone) C. SWEARING IN: Chair Armstrong swore in staff and members of the audience. D. APPROVAL TO AMEND THE AGENDA Commissioner Storey MOTIONED to amend the agenda to remove Case 19-005 from the March 26, 2019 Planning & Zoning Commission Regular meeting to be tabled Page 1 of 4 Page 2 of 15  indefinitely. Seconded by Commissioner Aguilar. The motion passed by a voice vote of six to zero. (Absent: Commissioner McDaniel) Morris: This will be readvertized and notices sent out when it is ready. Chair Armstrong: The applicant has asked due to ETZ Authority, it's not necessary at this point to do this tonight. That doesn't mean it won't come up next month or in May. Mr. Morris: My understanding is the applicant wants to clear up any other cases with the ETZ before it comes back to city P&Z. Wanted it to know if they could leave. To table it means it could be taken off the table later. Armstrong: No, it will not be untabled again. Approval of the Agenda: Commissioner Taylor moved to approve the agenda as amended. Seconded by Commissioner Storey. The motion passed by a voice vote of six to zero. (Absent: Commissioner McDaniel) E. MINUTES: Consider approval of the February 26, 2019 P&Z Regular Meeting Minutes Commissioner Aguilar MOTIONED to approve the minutes for the February 26, 2019 Regular Planning & Zoning Commission Meeting with an amendment to include the audience members on the sign in sheet. Seconded by Commissioner Lessard. The motion passed by a voice vote of six to zero. (Absent: Commissioner McDaniel) F. PUBLIC HEARING ITEMS: 1. CASE 19-008 VAR: Request for variance for east side yard setback for existing residential structure. Legal Description: Subd: SOUTH PLAINS PARK 1 Block: B Lot: 7 W 0.5 FT AND:- Lot: 8 , BK: 814 PG: 590 QCD. Address: 514 W Jaffa Street. (Owner: Wells Fargo Bank / Agent: McCarthy & Holthus LLP). Chair Armstrong introduced Case 19-008, a request for a variance. Commissioner Storey made a MOTION to waive the Reading of the Finding of Facts with respect to Case 19-008. Seconded by Commissioner Taylor. The motion passed by a voice vote of six to zero. Chair Armstrong: Is there anyone wishing to speak in favor of Case: 19-008? In Favor: None Mr. Morris: It’s a long distance applicant. It's a house being conveyed to HUD. It's actually conforming. The applicant insisted it’s a formality. Against: None Page 2 of 4 Page 3 of 15  MOTION – 19-008 VAR Commissioner Lessard made a motion based on findings of facts, the land use and zoning considerations, materials presented and staff recommendation to approve Case Number 19-008. Seconded by Commissioner Taylor. The motion passed by a voice vote of six to zero. (Absent: Commissioner McDaniel) 2. CASE 19-009 VAR: Request for variance to allow pole sign to encroach in the front yard setback and Right-of-Way. Legal Description: Not Available, UPC 4135060521164000000. Address: 2200 North Main Street – Denny’s Restaurant. (Owner: DENNY’S INC /Agent: Kevin Lukes, Franchise Signs). Chair Armstrong introduced Case 19-009, a request for a variance. Commissioner Storey made a MOTION to waive the Reading of the Finding of Facts with respect to Case 19-009. 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: 19-009? In Favor: Kevin Lukes via telephone: We are proposing to replace existing Denny’s sign with an updated LED sign and smaller cabinet. The existing sign cabinet is old and dilapidated. It will cost just as much to replace the sign as it would to repair it. Against: None Bill Morris: This is a replacement of an old sign. The proposed sign reduces the cabinet from 20’ wide to 16’ wide. The current sign sits approximately 4’ in the Right-of-Way of US highway 285. City staff would like to move the sign completely out of the Right-of- Way. The sign is a reduction and the non-conforming component goes from a 4’ encroachment to a 2’ encroachment in the Right-of-Way. Staff acknowledges Denny’s efforts in trying to remodel. A variance would make this a conforming sign. Commissioner Taylor: The existing sign is 4’ in the right-of-way right now? Bill Morris: Yes Commissioner Taylor: The proposed sign reduces the encroachment to 2’ in the right-of- way. If the sign moved over 2’ more, there are no problems? Bill Morris: That was originally a request, but the LED relies on a two pole system. It would not be feasible to move the sign anymore. Merideth Hildreth: Even if the sign were even with the property line, it would still require a variance because the sign is still encroaching in the front yard setback. Commissioner Aguilar: Does NM Department of Transportation have anything to do with this? Page 3 of 4 Page 4 of 15  Bill Morris: NMDOT has a certain responsibility to this, but staff has not heard anything from NMDOT. City staff is trying to protect NMDOT right-of-way. Commissioner Storey: Isn’t the airspace under the jurisdiction of the NMDOT? Louis Najar: I would assume the sign already has an airspace encroachment, and the proposed sign reduces the encroachment. I don’t know if NMDOT is aware of the proposed sign, but they should be aware and have a cursory review. Look on page 51 of 52 in the packet, the proposed sign only has one anchor point. I would like to see some structural engineer drawings that show the sign will handle the wind load with one anchor point. Commissioner Lessard: Did the applicant not submit specs? Typically, the specifications will talk about maximum wind load. Merideth showed the specs to City Engineer Louis Najar for review. Louis Najar: The drawings are not part of your packet. The proposed sign will support up to 115mph wind load stamped by Tony Jacob, New Mexico license, 2/6/2019. My recommendation would be to approve recommendation of this variance upon concurrence with NMDOT. Chair Armstrong: You’re ok with the recommendation Bill? Bill Morris: Yes MOTION – 19-009 VAR Commissioner Storey made a motion to approve Case Number 19-009 for a variance on the sign as long as the applicant brings in approval from the New Mexico Department of Transportation. Seconded by Commissioner Lessard. The motion passed by a voice vote of six to zero. (Absent: Commissioner McDaniel) G. NON-ACTION ITEM H. OTHER BUSINESS I. PUBLIC COMMENTS Bill Morris: Staff anticipates holding P&Z in the Convention Center in April. We will confirm and let everyone know. J. ADJOURN Chair Armstrong adjourned the meeting at 6:29 p.m. Page 4 of 4 Page 5 of 15 EXHIBIT A 19-010 VAR APPLICATION Page 6 of 15  EXHIBIT B: STAFF SUMMARY FOR CASE 19-010 (VAR) 704 S SUNSET AVE (PAGE 1 OF 3) Roswell Planning & Zoning Commission Tuesday, April 23, 2019 Meeting Room A; Roswell Convention & Civic Center 912 North Main Street APPLICATION: CASE 19-010 (VAR): REQUESTING VARIANCE TO ALLOW A CARPORT TO ENCROACH IN THE SOUTH STREET SIDE YARD SETBACK I. Property Location: 704 S Sunset Ave Legal Description: S: 6 T: 11S R: 24E NE4SE4 S 104.71' N 211.71' W 208' E 23 BK 672 PG 331 WD Owner: LTF LLC Agent: Request: Applicant is requesting a variance to allow a carport to encroach in the south side yard setback. II. Site Data: Site Area: UPC: 4134062535281000000 Existing Land Use: Out of This World Taxidermy Proposed Land Use: Same Existing Zoning: C-2 Table 1: Adjacent Existing Land Use and Zoning Direction: Land Use: Zoning: North Residential C-2 South Sunset Business Park C-2 East Residential R-3 West Storage Units/Vacant C-2 Page 7 of 15 EXHIBIT B: STAFF SUMMARY FOR CASE 19-010 (VAR)  704 S SUNSET AVE (PAGE 2 OF 3) Chaves County Assessor’s Map Zoning Map for 19-010 (VAR) Page 8 of 15  EXHIBIT B: STAFF SUMMARY FOR CASE 19-010 (VAR) 704 S SUNSET AVE (PAGE 3 OF 3) III. Intent of Petition: The property owner is requesting a variance to allow a 12’x30’ carport to encroach in the south street side yard setback. IV. Land Use and Zoning Considerations: 1. The property under consideration is currently zoned C-2. 2. The property is approximately 105’ wide by 208’ in depth. 3. The requested setbacks are 2’ from the rear property line and 5’ from the street side yard property line. 4. Minimum setback requirement for street side yard setback is 15’ for accessory structures. 5. The street side yard is on a private drive. V. Findings of Fact (Conclusions of Law): 1. A notice of the time and place of the public hearing for this case was published in the Roswell Daily Record at least fifteen (15) days prior to the date of this hearing. 2. Notification of the public hearing was mailed via certified mail with return receipt requested to property owners of record, as shown by the Chaves County Assessor, with lots or land within one-hundred (100) feet of the area under consideration, excluding public rights-of-way. 3. This agenda which includes this case has been posted at City Hall and on the City of Roswell’s website for over seventy-two (72) hours as required by State of New Mexico law for a public hearing. 4. As of the time of this writing, there have been zero (0) written and zero (0) verbal protests and zero (0) written letters of support received by the Planning & Zoning Office. VI. Staff Recommendation: Based on the findings of fact, the nature of the proposed land use consideration, the lot size and lot configuration, the surrounding land uses, the zoning district, and the regulations established in the Zoning Ordinance, Staff recommends approval of Zoning Case 19-010 VAR. VII. Action by the Planning & Zoning Commission: The Planning and Zoning Commission may make a motion to approve or deny this application based on Findings of Fact, Land Use and Zoning Considerations, and testimony and material introduced at the hearing. Page 9 of 15  EXHIBIT C: LETTER NOTIFYING SURROUNDING PROPERTY OWNERS FOR ZONING CASE 19-010 (VAR) LETTER SENT VIA CERTIFIED MAIL ON APRIL 8, 2019 TO SURROUNDING PROPERTY OWNERS City of Roswell Community Development Department Planning & Zoning Office PO Box 1838 Roswell, NM 88202-1838 Telephone: (575) 637-6294 Fax: (575) 637-6277 RE: PUBLIC HEARING NOTICE for ZONING CASE 19-010 (VAR) You have received this notice via certified mail because Chaves County Assessor information indicates you are a property owner of record within 100 feet of Planning & Zoning Case 19-010 VAR. The property owner in this case is requesting a variance to allow a carport to encroach in the south street side yard setback on the property located at 704 South Sunset Avenue. LEGAL DESCRIPTION: S: 6 T: 11S R: 24E NE4SE4 S 104.71' N 211.71' W 208' E 23 BK 672 PG 331 WD ADDRESS: 704 S Sunset Ave The City of Roswell Planning and Zoning Commission will hear public comments on the above zoning case on Date: TUESDAY, April 23, 2019 at 6:00 p.m., in Meeting Room A at the Roswell Convention & Civic Center, located at 912 North Main Street. You are entitled, although not obligated, to comment either in writing to our office or in person at the hearing. To be considered, written protests must be submitted to the Planning and Zoning Office no later than noon on the working day prior to the Planning and Zoning Commission meeting. Providing written input to the Planning and Zoning Office at least ten days prior to the hearing will allow your concerns to be addressed in the Staff Report. Written comments may be delivered to the Planning & Zoning Office at 415 North Richardson Avenue, or sent to: City of Roswell, Zoning Administrator, PO BOX 1838, Roswell, NM 88202-1838 or via email to m.hildreth@roswell-nm.gov or submitted in person to the Planning & Zoning Office. The information packet for this zoning case will be available after 1:00 p.m., on Wednesday, April 17, 2019. You may inspect the information packet in detail at the Planning & Zoning Office located on the first floor of City Hall Annex at 415 North Richardson Avenue. The P&Z Packet may be viewed online at www.roswell-nm.gov. Copies of the information packet may be obtained from the Planning and Zoning Office at a cost of 35 cents per sheet. The City’s Zoning Ordinance is available online at: http://roswell-nm.gov/189/Planning-Zoning If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Respectfully, Miguel Martinez Miguel Martinez Merideth Hildreth (Area Map on Reverse Side ) Planning & Zoning Technician Planning & Zoning Administrator Page 10 of 15  EXHIBIT D: 19-010 VAR 704 S SUNSET ASSESSOR’S MAP 13 3 2 12 4 11 1 10 9 5 8 6 7 PROPERTY UNDER CONSIDERATION PROPERTIES WITHIN NOTIFICATION AREA Page 11 of 15  EXHIBIT E: 19-010 (VAR) LIST OF PROPERTY OWNERS NOTIFIED 1. LTF LLC PO BOX 1775 ROSWELL NM 88202 2, GARY & MARY GOURLEY 2810 W 23RD ST ROSWELL NM 88201 3,4,5,6,7,8 ELWELL REVOCABLE TRUST, DON JR & BARBARA 702-B S SUNSET AVE ROSWELL NM 88203 9. REYNALDO R & LORI B MARTINEZ 708 S MONTANA AVE ROSWELL NM 88203 10. CARMEN & MICHAEL A MARTINEZ 706 S MONTANA AVE ROSWELL NM 88203 11. ROY ANDAZOLA; DANIEL ANDAZOLA; FREDDY ANDAZOLA 308 S RICHARDSON AVE ROSWELL NM 88203 12. EMMANUEL A GRANADOS 1049 W POE ST ROSWELL NM 88203 13. JOHNNY S & HELEN GARCIA % KIM CASTRO 2115 BARNETT DR ROSWELL NM 88203 Page 12 of 15  EXHIBIT B: STAFF SUMMARY FOR CASE 19-011 (ZOC) City-Wide Rezoning (Page 1 of 2) Roswell Planning & Zoning Commission Tuesday, April 23, 2019 Roswell Convention Center 912 North Main Street APPLICATION: CASE 19-011 (ZOC): REQUESTING REZONING OF PUBLICALLY- OWNED PROPERTIES I. Property Description: Property Location: City-wide Legal Description: Publically-owned properties Owner: Local, State, and Federal government Agent: N/A Request: Applicant is requesting the rezoning of publically-owned properties throughout the City. II. Specific Intent of Petition: CASE 19-011 ZOC: A request to administratively change zoning of publicly-owned properties within the City’s jurisdiction as follows. 1. City parks and recreational facilities, and publicly-owned golf courses to the Parks & Recreation (P-R) Zone; 2. Federal, State and Local governmental facilities, and hospitals to the Institutional (INST) Zone; 3. City-owned Properties within the Old Municipal Airport (OMA) zoned to Residential Very Low (R-VL), Residential Low (R-L), and Mixed Use - Plaza (MXP) as shown on the OMA Master Plan. III. Land Use and Zoning Considerations: 1. The property under consideration is currently publically-owned properties. 2. The properties included both existing and vacant sites. 3. The properties included will not be adversely affected by the rezonings. Page 13 of 15 IV. Findings of Fact (Conclusions of Law): 1. A notice of the time and place of the public hearing for this case was published in the Roswell Daily Record at least fifteen (15) days prior to the date of this hearing. 2. Notification of the public hearing was mailed via certified mail with return receipt requested to property owners of record, as shown by the Chaves County Assessor, with lots or land within one-hundred (100) feet of the area under consideration, excluding public rights-of-way. 3. This agenda which includes this case has been posted at City Hall and on the City of Roswell’s website for over seventy-two (72) hours as required by State of New Mexico law for a public hearing. 4. As of the time of this writing, there have been zero (0) written and zero (0) verbal protests and zero (0) written letters of support received by the Planning & Zoning Office. V. Staff Recommendation: Based on the findings of fact, the nature of the proposed land use consideration, the lot size and lot configuration, the surrounding land uses, the zoning district, and the regulations established in the Zoning Ordinance, Staff recommends approval of Zoning Case 19-011 (ZOC). VI. Action by the Planning & Zoning Commission: The Planning and Zoning Commission may make a motion to approve or deny this application based on Findings of Fact, Land Use and Zoning Considerations, and testimony and material introduced at the hearing. Page 14 of 15  19th Street Proposed OMA R-L Rezoning (Residential Low Scheme District) C-2 (R) MU-P Nevada Ave. (Mixed Use - INST P-R C-2 C-2 (R) Plaza) (Inst.) (Parks – Rec (Comm.) District) College Blvd Sycamore Ave. Montana Ave. R-L (Residential Low District) P-R (Parks – Recreation District) R-VL (Residential-Very Low District) 8th Street Page 15 of 15