Planning & Zoning Commission

P&Z REGULAR MEETING DRAFT MINUTES Roswell Planning & Zoning Commission Tuesday, December 17, 2019 - 6:00 PM Roswell Convention Center 912 North Main 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, CZO 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 19-37. A. CALL TO ORDER AND WELCOME – Chair Riley Armstrong The 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, CZO, Planning & Zoning Technician Audience Members Present: Todd Wagener, Todd Wagener, Alberto Alcaraz, Elizabeth Alcaraz, Bruce Ellis, Chris Lucero, Bonnie Bitzer, Melissa Babcock, Virginia Lucero, Kevin Murray, Emma Murray 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 of the Planning & Zoning Commission Meeting for Tuesday, December 17, 2019 as presented. Seconded by Commissioner Aguilar. The motion passed by a voice vote of six to zero. (Commissioner McDaniel absent.) E. MINUTES: Consider approval of the November 19, 2019 P&Z Regular Meeting Minutes Commissioner Aguilar MOTIONED to approve the Planning & Zoning Commission minutes for the November 19, 2019 meeting. Seconded by Commissioner Taylor. The motion passed by a voice vote of six to zero. (Commissioner McDaniel absent.) F. PUBLIC HEARING ITEMS: 1. CASE 19-022 PPLAT: A request for approval of a Preliminary Plat for La Bella Vita Summary Plat No. 2 for single family residential lots in R-4 Residential Zoning District. Legal Description: Subd: LA BELLA VITA SUMMARY PLAT NO. 2 TRACT: B1 QUARTER: NW S: 29 T: 10S R: 24E BK: 614 PG: 282 WD. ADDRESS: 2100 BLOCK N UNION (OWNER: Eagle Creek Villas, LLC / AGENT: Todd Wagener). Chair Armstrong introduced Case 19-022, a request to approve a Preliminary Plat for La Bella Vita Summary Plat No. 2 for single family residential lots in the R-4 zoning district. Commissioner Lessard recused herself from Case 19-022. Commissioner Storey made a MOTION to waive the Reading of the Finding of Facts with respect to Case 19-022. Seconded by Commissioner MacCornack. The motion passed by a voice vote of five to zero. (Commissioner Lessard recused, Commissioner McDaniel absent.) Chair Armstrong: Is there anyone wishing to speak in favor of Case: 19-022? In Favor: Todd Wagener: Representing the land owner for this Preliminary Plat. Bella Vita Drive is a continuation of Karabella Way to make a “horseshoe” street with two entrances onto Union Avenue. Commissioner Story: asked about the addressing on the two different street names.. Mr. Wagener said the City Fire Department prefers two different street names for addressing purposes in situations like this. Chair Armstrong: Is there anyone wishing to speak against Case: 19-022? Against: None Staff Comments: Mr. Morris: Staff is in agreement with this and recommending approval, meets standards, and is a continuation of the plan devised many years ago, and will provide new construction within the City. Mr. Najar: Mr. Wagener said this has been in the works for a while. The intersection with Union Avenue has already been installed. This project has full support from the Engineering Department. MOTION – 19-022 PPLAT Commissioner Storey made a motion to approve Case Number 19-022 along with the land use and zoning considerations, findings of facts, staff recommendations, and  testimony we received this evening. Seconded by Commissioner Aguilar. The motion passed by a voice vote five to zero. (Commissioner Lessard recused, Commissioner McDaniel absent.) 2. CASE 19-023 FPLAT: A request for recommendation of approval of a Final Plat for La Bella Vita Summary Plat No. 2 for single family residential lots in R-4 Residential Zoning District. Legal Description: Subd: LA BELLA VITA SUMMARY PLAT NO. 2 TRACT: B1 QUARTER: NW S: 29 T: 10S R: 24E BK: 614 PG: 282 WD. ADDRESS: 2100 BLOCK N UNION (OWNER: Eagle Creek Villas, LLC / AGENT: Todd Wagener). Chair Armstrong introduced Case 19-023, a request to approve a Final Plat for La Bella Vita Summary Plat No. 2 for single family residential lots in the R-4 zoning district. Commissioner Lessard recused herself from Case 19-023. Commissioner Storey made a MOTION to waive the Reading of the Finding of Facts and Land Use and Zoning Considerations with respect to Case 19-023. Seconded by Commissioner MacCornack. The motion passed by a voice vote of five to zero. (Commissioner Lessard recused, Commissioner McDaniel absent.) Chair Armstrong: Is there anyone wishing to speak in favor of Case: 19-023? In Favor: Todd Wagener: This is the final plat for the same property as reviewed under case 19-022. Chair Armstrong: Is there anyone wishing to speak against Case: 19-023? Against: None Staff Comments: Mr. Morris: Consistent with the standards in the code, is a needed product, consistent with the land use and zoning in that area. Staff recommends approval. Mr. Najar: This subdivision meets all ordinances and codes for Public works and Engineering and is fully supported. MOTION – 19-023 FPLAT Commissioner Taylor made a motion based on the finding of facts, the nature and purpose, land use considerations, the lot size and lot considerations, surrounding land uses, and regulations established in the zoning ordinance to recommend approval of Case 19-023. Seconded by Commissioner Storey. The motion passed by a voice vote five to zero. (Commissioner Lessard recused, Commissioner McDaniel absent.) 3. CASE 19-024 SUP: A request for a Special Use Permit for Multi-Family in C-2 (Community Commercial Zoning District). Subd: SOUTH ROSWELL Block: 5 Lot: 1 AND: - Lot: 2 , BK: 326 PG: 566 REC. ADDRESS: 301 S MAIN STREET (OWNER: TIERRA REALTY TRUST, LLC). Chair Armstrong introduced Case 19-024, a request to approve a Special Use Permit for multi-family apartments in the C-2 zoning district. Commissioner Storey made a MOTION to waive the Reading of the Finding of Facts and Land Use and Zoning Considerations with respect to Case 19-024. Seconded by Commissioner Aguilar. The motion passed by a voice vote of six to zero. (Commissioner McDaniel absent.) Chair Armstrong: Is there anyone wishing to speak in favor of Case: 19-024? In Favor: Melissa Babcock: Appeared to request a Special Use Permit for multi-family apartments in C-2 Community Commercial Zoning District. In the beginning stages of planning this project. The intent is to building an apartment complex ranging from 60 to 90 units, for two adjacent lots. Commissioner Storey: Asked about the existing building, whether to refurbish it or demolish it. Ms. Babcock: It’s too early to say, but the intent now is to refurbish it. Chair Armstrong: Where is the parking going to go? Ms. Babcock: We’re not far along enough. Chair Armstrong: The parking is critical and difficult to make a decision tonight unless we have some idea of the parking plan. Ms. Hildreth: Spoke with the architect and project lead and was told the new structures will be built on pylons with parking beneath. Chair Armstrong: Wants to see that and will not be in favor without knowing where the parking will be. Commissioner Story: Agreed with Chair Armstrong that the Commission needs to see some renderings and plans. Ms. Babcock: In Hobbs we have complex of 60 units in 2 buildings. In the early stages of this the intent is to have two buildings with 3 or 4 levels. Chair Armstrong: There is not enough information to consider. Chair Armstrong clarified that the Commission is not opposed to it, but parking is a big issue and the Commission needs to see it. Ms. Babcock: Asked if they could get back on the agenda and previous to that submit what level of plans? Not going to vote on a project of this nature where the parking is going to be. Commissioner Taylor: Suggested the architect put together some schematic drawings and site plan and some description of how parking will be met. Mr. Morris: Staff is requesting this case be tabled so the information can be prepared and brought back.  Chair Armstrong: Requested a timeline and suggested January 2020 and then retable it to February 2020 if they need more time. Mr. Najar: You can table it because if it gets voted down, it can’t come back for 6 months. MOTION – 19-024 SUP Commissioner Storey made a motion to table Case 19-024 until the January 2020 Planning & Zoning Commission meeting. Seconded by Commissioner MacCornack. The motion passed by a voice vote six to zero. (Commissioner McDaniel absent.) 4. CASE 19-025 SUP: A request for a Special Use Permit for Multi-Family in C-2 (Community Commercial Zoning District). Subd: SOUTH ROSWELL Block: 5 Lot: 13 AND:- Lot: 15 AND:- Lot: 17 AND:- Lot: 19 AND:- Lot: 21 AND:- Lot: 23 N 60 FT AND:- Lot: 25 N 60 FT AND:- Lot: 27 N 60 AND:- Lot: 29 N 60 FT AND:- Lot: 31 N 60 FT , , , , , , , , , BK: 326 PG: 566 REC. ADDRESS: 300 S VIRGINIA AVENUE (OWNER: TIERRA REALTY TRUST, LLC). Chair Armstrong introduced Case 19-025, a request to approve a Special Use Permit for multi-family apartments in the C-2 zoning district. Commissioner Storey made a MOTION to waive the Reading of the Finding of Facts and Land Use and Zoning Considerations with respect to Case 19-025. Seconded by Commissioner Aguilar. The motion passed by a voice vote of six to zero. (Commissioner McDaniel absent.) MOTION – 19-025 SUP Commissioner Storey made a motion to table Case 19-025 until the January 2020 meeting. Seconded by Commissioner Lessard. The motion passed by a voice vote six to zero. (Commissioner McDaniel absent.) Chair Armstrong: asked City Staff not to bring back the case until it is fully put together. 5. TEXT AMENDMENT to ZONING ORDINANCE ARTICLE 52: SECTION 5. Exceptions to Required Yards: C. To consider text amendments to modify the section regulating exceptions to required yard spaces. Chair Armstrong Introduced Item 5: A Text Amendment to Article 52: Section 5 of the Zoning Ordinance regulating Exceptions to Required Yards. Ms. Hildreth: reviewed the text amendments with the Commission and answered questions.  MOTION – TEXT AMENDMENT Commissioner Storey made a motion to recommend approval to City Council of text amendments as presented to Zoning Ordinance Article 52: Section 5, Exceptions to Required Yards as presented this evening. Second by Commissioner Lessard. The motion passed by a voice vote of six to zero. (Commissioner McDaniel absent.) 6. TEXT AMENDMENT to ZONING ORDINANCE ARTICLE 62: HOME OCCUPATIONS: To consider text amendments to modify the section regulating home occupations. Chair Armstrong Introduced Item 5: A Text Amendment to Article 62 Article of the Zoning Ordinance regulating Home Occupations. Mr. Martinez reviewed highlighted sections that have been modified from the November meeting. Commissioner Storey has read it and has no questions. Mr. Martinez: Section 3 (H) – broke down some text to clarify regarding oversize vehicles. Mr. Martinez spoke with the Streets Department Quinn Miller and Frank Rincon to review heavy equipment and oversized vehicles that includes skidsters, front loaders and rear loaders not a good fit in residential. N. Only two regular size work-related vehicles/trailers are allowed to be parked on site in the driveway along with personal vehicles belonging to residents of the property, and shall not block sidewalks. O. Additional standard size work-related vehicles/trailers parked on site are required to have street access to the site, must be parked in a rear or side yard with solid fencing, are prohibited from alley access, and shall not be parked in the street, easements, alley, or right-of-way. Rules out using alleys to get to the rear yard in order to protect the utilities and equipment in the alleys. Section 4: Prohibited Home Occupations 12. We have a lot a requests for trucking companies, to prevent from congesting local roads, easements, and rights of way. Section 5: Standards K. Removed “conducted at client’s site” for smaller computer repair and small appliances to allow the business to be more mobile. M. Contractors, maintenance businesses, trucking companies, mobile mechanics to allow scheduling and book keeping.  N. Contractors with a vehicle for hire in reference to an Uber or Lyft type service. MOTION – TEXT AMENDMENT Commissioner Lessard made a motion to (recommend approval to City Council of text amendments as presented to Zoning Ordinance Article 62: Home Occupations. Second by Commissioner Storey. The motion passed by a voice vote of six to zero. (Commissioner McDaniel absent.) NON-ACTION ITEMS G. OTHER BUSINESS Mr. Morris: I want to express how sorry Staff is with respect to preparation of the two cases. Commissioner Storey: Are there guidelines for these type of submittals? Mr. Morris: As you know, the site plan it reviewed by Staff during submittal. Perhaps we do need an internal checklist for a conceptual site plan. H. PUBLIC COMMENTS Mr. Martinez: Staff appreciates the Commissioners and hope you have a Merry Christmas. Mr. Ellis: Appreciate the opportunity to say a few things about the case that was tabled having served on this body, and appreciate your efforts to follow the master plan. There was a discussion on notification and Assessor information. Both the owner of record and the physical site of the business received certified mail. I. REPORTS/ANNOUNCEMENTS Ms. Hildreth: 2020 Planning & Zoning Commission Regular Meeting Schedule J. ADJOURN Chair Armstrong adjourned the meeting at 7:07 p.m.