Planning & Zoning Commission

P&Z REGULAR MEETING MINUTES Roswell Planning & Zoning Commission Tuesday, December 28, 2021 - 6:00 PM Meeting Room A; Roswell Convention and Civic Center 912 North Main Street, Roswell, NM Chair: David Storey; Vice Chair: James MacCornack; Secretary: Jesse McDaniel Members: Saul Aguilar, Jana Lessard, Steve Henderson, Richard L. Gutierrez Kevin L. Maevers, AICP Merideth Hildreth, AICP Spencer Aiken 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 Resolution 21-7. A. CALL TO ORDER AND WELCOME – Chair David Storey Chair Storey called to order the regular meeting of the Planning & Zoning Commission at approximately 6:03 p.m. B. ROLL-CALL David Storey PRESENT Jesse McDaniel PRESENT Saul Aguilar PRESENT Jana Lessard PRESENT James MacCornack PRESENT Steve Henderson PRESENT Richard L. Gutierrez PRESENT Staff Members Present: Kevin Maevers, AICP, Community Development Director Merideth Hildreth, AICP, Planning & Zoning Administrator Spencer Aiken, Associate Planner Louis Najar, P.E., City Engineer Audience Members Present: Glenn Fellows, Tom Krumland, Karina Jager, Judy Stubbs, Juno Ogle, Fran Boue, Hudson Boue, Tamara Kozma, Rochelle Currier, Charles Currier, Hess Yntema, Andrea Moore, Juan Campos, Scott Hicks, Mike Espiritu, and Michael Moore C. SWEARING IN: Commissioner Henderson swore in staff and members of the audience. 1 D. APPROVAL OF THE AGENDA Consider approval of the December 28, 2021 Planning & Zoning Commission meeting agenda. Commissioner Aguilar MOTIONED to approve the Tuesday, December 28, 2021 Planning & Zoning Commission agenda. SECONDED by Commissioner McDaniel. The motion passed by a voice vote of 7-0. E. APPROVAL OF MINUTES: Consider approval of the November 16, 2021 Planning & Zoning Commission meeting minutes. Commissioner Henderson MOTIONED to approve the minutes from the November 16, 2021 Planning & Zoning Commission meeting as presented. SECONDED by Commissioner Lessard. The motion passed by a voice vote of 7-0. F. PUBLIC HEARING ITEMS: 1. CASE 21-017 PPLAT: A request for approval of a Preliminary Plat for the purposes of lot consolidation and lot line adjustment to facilitate financing for the development of a new Ford Automobile Dealership in the C-2 and C-4 zoning districts. 2001 W 2nd St - Subd: KRUMLAND AUTO PARK EASEMENT PLAT 2 Lot: 1A Quarter: SW S: 31 T: 10S R: 24E BK: 644 PG: 1675 WD, SEE PLAT #1432. 1909 W 2nd St - Subd: LINCOLN PLACE ANNEX Block: 3 Lot: 21 THRU:- Lot: 28 , , , , , , , S: 31 T: 10S R: 24E SE4SW4 E 5 FT N 155 FT S 205 FT W OF LOT 28 LINCOLN PLACE ANNEX BK: 644 PG: 1663 WD. 1901 W 2nd St - Subd: LINCOLN PLACE ANNEX Block: 3 Lot: 19 AND:- Lot: 20 , Quarter: SW S: 31 T: 10S R: 24E BK 678 PG 1428 WD. Chair Storey introduced Case 21-017 PPLAT. Mr. Kevin Maevers: Presented Case 21-017 PPLAT, Case 21-018 ZOC and Case 21-019 ZOC. Mr. Maevers presented the zoning cases together as the locations are adjacent to each other and the purposes are compatible. The proposed zoning cases would help facilitate local economic activity and create new jobs. The previous decisions regarding these zoning cases go back to 2002, and the Community Development Department believes these decisions were made inaccurately. Mr. Tom Krumland, the Curriers, and the Department of Community Development have agreed to come to a compromise with proposed conditions of agreement. Zoning cases 21-017 PPLAT, 21-018 ZOC and 21-019 ZOC can be approved on the condition that the following measures, which all concerned parties have agreed upon, are executed and implemented. These conditions are requirements before the issuance of a Certificate of Occupancy can be granted. The conditions are as follows. 1. “Developer agrees to extend the existing 8’ High Decorative perimeter wall, southerly and adjacent to the existing trapezoidal channel, near the east property line of the proposed Ford Dealership and along the northerly property line of the proposed Ford Quicklane facility. 2. Developer agrees to add additional landscaping (trees) to provide both a visual and noise buffer along the north property within the existing and proposed retention basins. Trees to be spaced at 30’ on center and shall be of a type to be approved by 2  the Director of Community Development as appropriate for a visual and noise buffer. 3. To provide additional flood protection, the Developer agrees to interconnect the proposed retention basin for the Ford Dealership with the existing retention basin on the site of the Nissan Dealership and provide positive drainage to the existing trapezoidal channel located on the easterly property line of the proposed development. 4. Developer shall add a Dedication of Limited Development Rights to the Final Plat (20-017) and shall designate a 125’ wide strip of land (as measured from the existing 8’ property line wall), located north of the proposed Ford Dealership, as being limited to ancillary uses. Those ancillary uses are those which support the primary facility development and may include: a. Landscaping b. Retention Basin(s) c. Parking and Driveways d. Security Lighting e. Underground Utilities f. Other ancillary uses subject to review and approval by the Director of Community Development No new construction of primary structures may take place within this area, as this area of Limited Development Rights will preserve a reasonable separation of land uses between the existing residential developments and any proposed new commercial development. 5. Prior to receiving a certificate of occupancy for future development or additions to the existing Nissan Dealership, the developer shall prepare and process a Summary Plat which includes a Dedication of Limited Development Rights similar to that described above (Mitigation Measure 4) to preserve a reasonable separation of land uses between the existing residential developments and any proposed new commercial development.” Chair Storey: Can the area of limited development rights be put on a plat? I would suggest the limited development rights be formally put on the final plat. Mr. Scott Hicks: Yes, we can put the conditions of the proposed limited development rights on the final plat. Commissioner Lessard MOTIONED to waive the reading of the findings of facts and land use and zoning considerations with respect to case 21-017. SECONDED by Commissioner Henderson. The motion passed by a voice vote of 7-0. Chair Storey: Is there anyone wishing to speak in favor of Case 21-017? In Favor: Mr. Glenn Fellows: I appreciate your volunteerism as Commissioners, I support the zone changes and preliminary plat, and I am here to answer any architectural questions. 3 Mr. Mike Espiritu: This plat is important because it will help facilitate the creation of new jobs and local economic activity. Chair Storey: Is there anyone wishing to speak against Case 21-017? Against: Mr. Charles Currier: I am speaking in regard to all three proposals in lieu of each one individually. I want to ensure everyone in the audience who is interested has copies of the proposed mitigation measures. I think the Community Development Department, Mr. Yntema, and my wife and I have come to an agreement on the proposed mitigation measures that have been presented by Mr. Maevers. We are in favor of economic development. My wife and I have agreed to preliminarily withdraw our written protest if we can see the final plat with the proposed mitigation measures. After we are okay with the final plat, we will be waiving our written protest, but only on the condition we can see the final plat. If we can see the final plat, we will also waive our right to cross examine. Chair Storey: The final plat would be introduced in the subsequent months. The final plat will go through this Commission again, would reflect the agreed upon conditions of approval, and then would go to City Council. The zone changes would not go to City Council, correct? Also, does the Nissan dealership, which is only a proposed zone change, require a plat or a replat? Kevin Maevers: The Commission can approve the zone change and have it not become effective until conditions are shown on a plat and agreed upon. Louis, if we are adding an easement, would that fall under a summary plat, or would the Nissan have to go through the preliminary and final plat process? Mr. Louis Najar: To add the transitional buffer, only a summary plat would be required as lot sizes, etc. are not changing. For Nissan to develop that 125’ zone, they would need to come back with a summary plat. Mr. Charles Currier: Can the Commission hold off on the zone changes until we see the final plat? Kevin Maevers: We will withhold Mr. Krumland’s Certificate of Occupancy until he abides by the agreed upon conditions of approval. Mr. Currier, in regard to your right to protest these cases—in one month, we will meet again for P&Z Commission. If the proposals are not to your satisfaction, you have every right to refile your protest. Mr. Charles Currier: If the zone change is approved, do we file our appeal to City Council? Commissioner McDaniel: Yes. 4 Kevin Maevers: Approval of the zone change would simply change the zone. It would not give Mr. Krumland the right to develop his property. That would be the Certificate of Occupancy, which we will withhold until the aforementioned conditions are met. Mr. Hessel Yntema: Has the Commission determined whether the 20% protest rule effects these zoning cases? Mr. Kevin Maevers: At this point, the 20% protest rule does apply, which requires a ¾ vote of the Commission or five approvals. However, if the received protests are withdrawn, we fall below the 20% protest rule threshold. Mr. Hessel Yntema: If the 20% protest rule is in effect and the protests are not withdrawn, my interpretation of state law reads that these zoning cases must be voted on by the City Council under NMSA 321.6, which states “if 20% or more of the lots of land, including the area proposed to be changed by zoning regulation, or within 100’, excluding public Right of Way of the area proposed, shall be approved by members of the Governing Body of the municipality.” Chair Storey: You’re recommending we go forward with the preliminary plats and table the zone changes for next month? Mr. Tom Krumland: With these zone changes, there are no differences regarding what we can build. Our current setback for the Ford dealership would be 139’, where we only need to be at 125’. Nothing has changed except financing people say we need consistent commercial zoning. Mr. Hessel Yntema: This agreement has not been vetted by a land use attorney to ensure it is lawful. Mr. Kevin Maevers: Because the zone change and final plat are joined together, you could approve the preliminary plat tonight, you could approve the 2 zone changes within 30 days, where we would be back with the final plat. Then, you could approve the final plat and 2 zone changes simultaneously. I think that should result in the withdrawal of any objections. As soon as the final plat is presented to us, we can show Mr. Yntema and Judge Currier for those to be agreed upon beforehand. The Land Use Attorney (Mr. Yntema) can assist us with the language so we can all come to an agreement. Motion – 21-017 PPLAT Commissioner MacCornack MOTIONED to approve Case 21-017 Preliminary Plat with the findings of facts, land use and zoning considerations, staff recommendations and testimony heard tonight with the understanding that the proposed mitigation measures will be adhered to. SECONDED by Commissioner McDaniel. The motion passed by a roll call vote of 7-0. 5 David Storey Yes Jesse McDaniel Yes Jana Lessard Yes Saul Aguilar Yes Richard L. Gutierrez Yes Steve Henderson Yes James MacCornack Yes 2. CASE 21-018 ZOC: A request for a change in zoning from the R-2 Residential zoning district to C-2 Community Commercial zoning district on a portion of the property currently owned by the applicant, to facilitate financing for the development of a new Ford Automobile Dealership. Subd: KRUMLAND AUTO PARK EASEMENT PLAT 2 Lot: 1A Quarter: SW S: 31 T: 10S R: 24E BK: 644 PG: 1675 WD, (PLAT #1432). Address: 2001 West 2nd Street Chair Storey introduced Case 21-018 ZOC. Motion – 21-018 ZOC Commissioner McDaniel MOTIONED to continue Case 21-018 a change of zoning from R-2 to C-2 to the next Planning and Zoning Commission meeting on January 25, 2022. SECONDED by Commissioner Aguilar. The motion passed by a voice vote of 7-0. 3. CASE 21-019 ZOC: A request for a change in zoning from the R-2 Residential zoning district to C-2 Community Commercial zoning district on a portion of the property currently owned by the applicant, to facilitate financing for the development of the current Nissan Automobile Dealership. Subd: KRUMLAND AUTO PARK EASEMENT PLAT 2 Lot: 2A Quarter: SW S: 31 T: 10S R: 24E BK: 690 PG: 1820 WD, (PLAT #1432). Address: 2099 West 2nd Street. Chair Storey introduced Case 21-019 ZOC. Motion – 21-019 ZOC Commissioner McDaniel MOTIONED to continue Case 21-019 a change in zoning from R-2 to C-2 to the next Planning and Zoning Commission meeting on January 25, 2022. SECONDED by Commissioner Lessard. The motion passed by a voice vote of 7-0 6 4. CASE 21-020 PPLAT: A request for approval of a Preliminary Plat for the purposes of lot consolidation, lot line adjustment, 3rd Street abandonment, and vacation of the 25’ eastward/westward alley east of Sequoia Ave to facilitate financing for the development of a new Hyundai Automobile Dealership in the C-2 and R-3 zoning districts. 2301 W 2nd St - Subd: KRUMLAND SUMMARY PLAT Lot: 6A Quarter: SW S: 31 T: 10S R: 24E BK: 566 PG: 991 WD. 209 N Sequoia Ave - Subd: JOSEPH LEA SUB Lot: 2 Quarter: SW S: 31 T: 10S R: 24E BK: 734 PG: 814 WD. North of 2301 W 2nd St – 347’ wide southwestern portion of WINNERS CIRCLE ROW VACATE PLAT Lot: 5A Quarter: SW S: 31 T: 10S R: 24E BK: 566 PG: 991 WD. Chair Storey introduced Case 21-020 PPLAT. Mr. Kevin Maevers: Presented Case 21-020 PPLAT and Case 21-021 ZOC simultaneously as the locations are adjacent to each other and the purposes are compatible. The purpose of the preliminary plat and zone change is for the development of a Hyundai automobile dealership. We have received one opposition letter, a procedural letter from Mr. Yntema, so the 20% opposition rule does not apply to these two cases. For Case 21- 020, easements are to be abandoned with the proposed preliminary plat. The zone change is to facilitate commercial development. Commissioner McDaniel MOTIONED to waive the reading of the findings of facts and land use and zoning considerations with respect to case 21-020. SECONDED by Commissioner Aguilar. The motion passed by a voice vote of 7-0. Chair Storey: Is there anyone wishing to speak in favor of Case 21-020? In Favor: Mr. Scott Hicks: We’re adjusting some lot lines, abandoning some old lot lines, and abandoning one easement and one right of way. We have not talked to utility companies because there aren’t any private companies. The sewer was abandoned as it is not complete. The north and south easements along Sequoia Avenue have active utilities, and those will remain in place. Mr. Mike Espiritu: This project will be very impactful to our community. Krumland Auto Group does not only create jobs and money, but they do a lot for local charity that contributes to the overall growth of our community. Chair Storey: Is there anyone wishing to speak against Case 21-020? Against: Mr. Hess Yntema: The procedural section of the Zoning Ordinance says that if a city department is affected, the Planning Division is supposed to meet with the affected entity. Has the Parks Department commented on this proposed preliminary plat? 7 Mr. Louis Najar: This project was reviewed by the Engineering Department. This is a recreational trail, therefore, does not abut the Parks Department. Motion – 21-020 PPLAT Commissioner Aguilar MOTIONED to approve Case 21-020 Preliminary Plat with respect to the findings of facts, land use and zoning considerations and staff recommendations. SECONDED by Commissioner McDaniel. The motion passed by a roll call vote of 7-0. Richard L. Gutierrez YES David Storey YES James MacCornack YES Jesse McDaniel YES Jana Lessard YES Saul Aguilar YES Steve Henderson YES 5. CASE 21-021 ZOC: A request for a change in zoning from the R-3 Residential zoning district to C-2 Community Commercial zoning district on a portion of the property currently owned by the applicant, to facilitate financing for the development of a new Hyundai Automobile Dealership. 347’ wide southwestern portion of WINNERS CIRCLE ROW VACATE PLAT Lot: 5A Quarter: SW S: 31 T: 10S R: 24E BK: 566 PG: 991 WD. Address: Property north of 2301 West 2nd Street. Chair Storey introduced Case 21-021 ZOC. Commissioner McDaniel MOTIONED to waive the reading of the findings of facts and land use and zoning considerations with respect to case 21-021. SECONDED by Commissioner Aguilar. The motion passed by a voice vote of 7-0. Chair Storey: Is there anyone wishing to speak in favor of Case 21-021? In Favor: Mr. Scott Hicks: The current zoning does not allow for use as an automobile loading and staging area, and that is what this zone change is being proposed to facilitate. Chair Storey: Is there anyone wishing to speak against Case 21-021? Against: Mr. Hess Yntema: I reiterate my previous arguments from this meeting. 8  Motion – 21-021 ZOC Commissioner Lessard MOTIONED to approve Case 21-021 a change in zoning from R-3 to C-2 with the findings of facts, land use and zoning considerations, staff recommendations and materials provided at the meeting tonight. SECONDED by Commissioner Henderson. The motion passed by a roll call vote of 7-0. David Storey YES Steve Henderson YES Jesse McDaniel YES Jana Lessard YES Richard L. Gutierrez YES Saul Aguilar YES James MacCornack YES G. OTHER BUSINESS 1. Staff Communications, Reports, Information, and Updates Based on tonight’s meeting, we will have 10 items at the January 2022 P&Z Commission meeting. H. PUBLIC COMMENTS None I. ANNOUNCEMENTS Chair Storey: In the future, we should look to have city legal representation present at P&Z Commission meetings. J. ADJOURN Chair Storey adjourned the meeting at 8:00 p.m. 9