Planning & Zoning Commission

City of Roswell Planning & Zoning Commission Agenda Tuesday, May 26, 2020 at 6:00 PM Meeting Room A, Roswell Convention & Civic Center 912 N Main Street, Roswell, NM 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, CZO A. Call to Order B. Roll-Call C. Swearing In D. Approval of the Agenda E. Approval of the March 24, 2020 P&Z Regular Meeting Minutes p. 3 F. Public Hearing Items 1. TEXT AMENDMENTS TO CITY OF ROSWELL ZONING ORDINANCE: p. 7 ARTICLE 4: DEFINITIONS to consider adding new definitions. ARTICLE 52: BUILDING & PERFORMANCE STANDARDS consider adding a new Section 18 to address Airport Hazards and Obstructions. 2. PLANNING & ZONING COMMISSION MEMBERS p. 10 Recommendation of new Planning & Zoning Commission Members. G. Other Business Voting in of Planning & Zoning Commission Officers. 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 20-26. 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, 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: May 21, 2020 "THE PUBLIC IS ENCOURAGED TO PARTICIPATE ELECTRONICALLY THROUGH THE GOTO MEETING APPLICATION AND NOT PHYSICALLY ATTEND DURING THE PANDEMIC." 1 TO ATTEND THE PLANNING & ZONING BY GO TO MEETING Tuesday, May 26, 2020 6:00 PM – 8:00 PM (MDT) Please join my meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/653041813 You can also dial in using your phone. United States: +1 (571) 317-3122 Access Code: 653-041-813 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/653041813 Help Desk – 575.500.0587 2  P&Z REGULAR MEETING DRAFT MINUTES Roswell Planning & Zoning Commission Tuesday, March 24, 2020 - 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 ABSENT Jesse McDaniel ABSENT Saul Aguilar PRESENT VIA TELEPHONE Jana Lessard ABSENT James MacCornack PRESENT VIA TELEPHONE Staff Members Present: William Morris, AICP, CZO, Director of Community Development Merideth Hildreth, AICP, Planning & Zoning Administrator Audience Members Present: Sheila Crossley, and Tony Lara participated by phone. C. SWEARING IN: Chair Armstrong swore in staff and members of the audience. Sheila Crossley, and Tony Lara participated by phone. D. APPROVAL OF THE AGENDA Commissioner Storey MOTIONED to approve the agenda for the Tuesday, March 24, 2020 Planning and Zoning Commission as presented. Seconded by Commissioner Aguilar. The motion passed by a voice vote of four to zero. With Commissioners Aguilar and MacCornack participating by phone and Commissioners McDaniel, Taylor, and Lessard being absent. 3 E. MINUTES: Consider approval of the February 25, 2020 P&Z Regular Meeting Minutes Commissioner Storey MOTIONED to approve the minutes from the February 25, 2020 Planning & Zoning Commission regular meeting. Seconded by Commissioner MacCornack. The motion passed by a voice vote of four to zero. With Commissioners Aguilar and MacCornack participating by phone and Commissioners McDaniel, Taylor, and Lessard being absent. F. PUBLIC HEARING ITEMS: 1. CASE 20-007 VAR: A request for a Yard Setback Variance and Building Height Variance in the R-1 Residential Zoning District. Subd: RIVERSIDE HEIGHTS Block: 35 Lot: 4 E 105' S 100.50' / W 10' E 105' N 60' Quarter: SE S: 31 T: 10S R: 24E BK 674 PG 29 WD. ADDRESS: 63 Riverside Drive (OWNER: SHEILA B. CROSSLEY). Chair Armstrong introduced Case 20-007, a request for a yard variance and a height variance for a loft addition to an existing garage in the R-1 Zoning District. Commissioner Storey made a MOTION to waive the Reading of the Land Use and Zoning Considerations, Finding of Facts, and Staff Recommendation with respect to Case 20-007. Seconded by Commissioner Aguilar. The motion passed by a voice vote of four to zero. With Commissioners Aguilar and MacCornack participating by phone and Commissioners McDaniel, Taylor, and Lessard being absent. Chair Armstrong: Is there anyone wishing to speak in favor of Case: 20-007? Sheila Crossley is requesting a variance to add an addition to what was originally a garage apartment to add an art studio with a small loft and will need a height variance and setback variance. Chair Armstrong mentioned the drawings rendered by an architect in the packet. Chair Armstrong: Is there anyone wishing to speak against Case: 20-007? Against: None Staff Comments: Mr. Morris: Staff has reviewed the request that is well thought-out and is a valid request consistent and compatible with development in the area. Staff is supportive of this variance. MOTION – 20-007 VAR Commissioner Storey made a motion to approve Case Number 20-007 along with the land use and zoning considerations, finding of facts, staff recommendations, and testimony we have received this evening. Second by Commissioner MacCornack. The motion carried by a voice vote of four to zero. With Commissioners Aguilar and MacCornack participating by phone and Commissioners McDaniel, Taylor, and Lessard being absent. 4  2. CASE 20-008 VAR: A request for west and east Side Yard Setback Variances in the R-1 Residential Zoning District. Subd: LOMITAS ENCANTADAS Block: 5 Lot: 1 AND:- Lot: 2 E 10' , S: 36 T: 10S R: 23E BK: 525 PG: 912 WDJT. ADDRESS: 2600 Highland Road (OWNER: TONY J LARA & ROSIE R LARA). Chair Armstrong introduced Case 20-008, a request for two yard variances for an existing primary residential dwelling in the R-1 Zoning District. Commissioner Storey made a MOTION to waive the Reading of the Finding of Facts, Land Use and Zoning Considerations, and Staff Recommendations with respect to Case 20-008. Seconded by Commissioner Aguilar. The motion passed by a voice vote of four to zero. With Commissioners Aguilar and MacCornack participating by phone and Commissioners McDaniel, Taylor, and Lessard being absent. Chair Armstrong: Is there anyone wishing to speak in favor of Case: 20-008? Tony Lara asked the Commission to consider variances for the west and east side yards. Chair Armstrong: Is there anyone wishing to speak against Case: 20-008? Against: None Staff Comments: Mr. Morris: This house is located on a piece of property that has strange configurations, it is narrow at the back, and has topography issues as well. This variance will allow this house to be a conforming structure. Staff feels this request for a variance is compatible with the neighborhood and consistent with the intent of the zoning code and recommends approval. MOTION – 20-008 VAR Commissioner Storey made a motion to approve Case Number 20-008 along with the land use and zoning considerations, finding of facts, staff recommendations, and testimony we received this evening. Second by Commissioner MacCornack. The motion carried by a voice vote of four to zero. With Commissioners Aguilar and MacCornack participating by phone and Commissioners McDaniel, Taylor, and Lessard being absent. G. NON-ACTION ITEMS H. OTHER BUSINESS I. PUBLIC COMMENTS Mr. Morris thanked Riley Armstrong for nine plus years of service on the Planning & Zoning Commission since being appointed to fill a partial term in January 2011, for his time, patience, and guidance on this Commission. Thanked the Commission for a successful meeting in this new format of calling in. 5  Commissioner Storey asked if there could be a Skype or video meeting platform. Mr. Morris said the City is exploring that, and Staff would like to start using PowerPoint during the Commission meetings. Chair Armstrong stated he appreciates Staff. It’s been a real pleasure to serve, appreciates everybody, and it’s been a fun nine years. J. REPORTS/ANNOUNCEMENTS The Planning & Zoning Commission will not meet in April. Zero zoning cases were submitted for the April meeting. K. ADJOURN Chair Armstrong adjourned the meeting at 6:19 p.m. 6  AGENDA ITEM F.1 PROPOSED TEXT AMENDMENTS TO CITY OF ROSWELL, NM ZONING ORDINANCE ARTICLE 4: DEFINITIONS SECTION 2 (ADD DEFINITIONS) ARTICLE 52: BUILDING AND PERFORMANCE STANDARDS (ADD SECTION 18. AIRPORT HAZARDS AND OBSTRUCTIONS) STAFF SUMMARY FOR TEXT AMENDMENTS PROPOSED ORDINANCE NO. 20-XX City of Roswell Planning & Zoning Commission Agenda Tuesday May 26, 2020 at 6:00 PM Meeting Room A, Roswell Convention & Civic Center 912 N Main Street, Roswell, NM ACTION REQUESTED: Staff requests Planning and Zoning Commission review, comment, and make recommendation for Proposed Text Amendments to add definitions and clarify code for zoning and development purposes: BACKGROUND: Initiated by: Bill Morris, Community Development Director. Staff proposes modification of the Zoning Ordinance to amend the text AN ORDINANCE AMENDING THE ROSWELL CITY ZONING CODE RELATING TO AIRPORT HAZARDS AND AIRPORT OBSTRUCTIONS BY MODIFYING ARTICLE 4 (DEFINITIONS), AND ADDING A NEW ARTICLE 52, SECTION 18 (AIRPORT HAZARDS AND OBSTRUCTIONS), AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE FINANCIAL CONSIDERATION: There are no additional costs associated with this request. LEGAL REVIEW: Legal Committee will review these proposed text amendments upon recommendation by Planning & Zoning Commission. If recommended for approval, the text amendment will be submitted to the City Council for final action. BOARD OR COMMITTEE ACTION: Request Planning & Zoning Commission review, discuss, and make recommendation on text amendments. STAFF RECOMMENDATION: Staff Recommends Planning & Zoning Commission review and consider recommending approval of this Item at the May 26, 2020 Planning & Zoning Commission Meeting. 7  AGENDA ITEM F.1 Presented to Roswell Planning & Zoning Commission May 26, 2020 AN ORDINANCE AMENDING THE ROSWELL CITY ZONING CODE RELATING TO AIRPORT HAZARDS AND AIRPORT OBSTRUCTIONS BY MODIFYING ARTICLE 4 (DEFINITIONS), AND ADDING A NEW ARTICLE 52, SECTION 18 (AIRPORT HAZARDS AND OBSTRUCTIONS), AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE ARTICLE 4: DEFINITIONS Section 2. Definitions Aircraft means any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air. Airport hazard means any overhead power line which interferes with radio communication between a publicly owned airport and aircraft approaching or leaving same; or any structure or tree which obstructs the aerial approaches of such an airport or is otherwise hazardous to its use for landing or taking off. Airport means the area of land owned by the city whether inside or outside the city limits that is used or intended to be used for the landing and takeoff of aircraft, including all property owned by the city contiguous thereto which is held or used for airport purposes and any purposes incidental thereto, and further includes all areas, facilities and improvements on or within said property regardless of the fact that they may be owned, controlled, leased or occupied by persons or governmental agencies other than the city. Structure means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks and overhead transmission lines. Tree means any object of natural growth. ARTICLE 52, BUILDING AND PERFORMANCE STANDARDS Section 18. Airport Hazards and Obstructions A. Airport Hazards Generally: (1) Airport hazards not in public interest. It is hereby found and declared that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking-off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein, and is therefore not in the interest of the public health, public safety or general welfare. 8  (2) Airport hazards include not only physical obstructions, but also include light features that may pose a hazard to aircraft by potentially blinding aircraft operators, including, but not limited to, searchlights, lasers, or ground-mounted lighting that may mimic landing areas. In addition, hazards may include any non-official activities that generate any types of non-physical hazards that may interfere with the operations of aircraft. B. Preparation of airport approach plans. The governing body is hereby empowered to formulate and adopt, and from time to time as may be necessary, revise an airport approach plan for any publicly-owned airport within its corporate or political limits. Each such plan shall indicate the hazards, the area within which measures for the protection of the airport's aerial approaches should be taken, and what the height limits and other objectives of such measure should be. In adopting or revising any such plan, the governing body shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the nature of the terrain, the height of existing structures and trees above the level of the airport, and the possibility of lowering or removing existing obstructions, and the governing body may obtain and consider the views of the agency of the federal government charged with the fostering of civil aeronautics as to the aerial approaches necessary to safe flying operations at the airport. C. Removal of airport obstructions. The governing body hereby is authorized and empowered whenever, in its judgment, any structure or object located adjacent to the airport or landing field constitutes a hazard to the efficient and safe use of the airport, or whenever notified of the existence of any such hazard, to require the removal and elimination or relocation of such structure or such object, and to acquire all necessary lands or rights-of-way and easements over lands incidental to such removal, elimination or relocation of any such structure or object upon payment to the owner of any land that may be affected by such relocation and the damages occasioned by such removal, elimination or relocation. 9  AGENDA ITEM F.2 APPOINTMENT OF PLANNING & ZONING COMMISSION MEMBERS City of Roswell Planning & Zoning Commission Agenda Tuesday May 26, 2020 at 6:00 PM Meeting Room A, Roswell Convention & Civic Center 912 N Main Street, Roswell, NM ACTION REQUESTED: Staff requests Planning and Zoning Commission review, comment, and make recommendations for the appointment of Planning & Zoning Commissioners to fill 4 positions. BACKGROUND: Initiated by: Bill Morris, Community Development Director. Staff will provide applications submitted by residents to the Planning & Zoning Commissioners at the meeting. FINANCIAL CONSIDERATION: There are no additional costs associated with this request. REVIEW: The Mayor will review the Planning & Zoning Commission’s recommendations and provide a recommendation to the City Council to confirm at the June 11, 2020, City Council meeting. BOARD OR COMMITTEE ACTION: Request Planning & Zoning Commission review, discuss, and vote on recommendations to provide to the Mayor. (The Planning & Zoning Commission will elect officers at their June meeting.) STAFF RECOMMENDATION: Staff Recommends Planning & Zoning Commission review and consider the applications presented at the May 26, 2020 Planning & Zoning Commission Meeting. 10