MINUTES OF THE REGULAR MEETING OF THE. City of Carlsbad Planning & Zoning Commission

Transcription

1 MINUTES OF THE REGULAR MEETING OF THE City of Carlsbad Planning & Zoning Commission February 2, 2015, at 5:00 p.m. Meeting Held in the Planning Room

2 CITY OF CARLSBAD CARLSBAD, NEW MEXICO REVISED AGENDA PLANNING AND ZONING COMMISSION REGULAR MEETING Monday, February 2, 2015 at 5:00 PM Municipal Building 101 N. Halagueno Street Planning Room (Second Floor) 1. Roll call of voting members and determination of quorum. 2. Approval of Agenda. 3. Approval of Minutes from the Meeting held January 12, Approval of Relocation of Planning & Zoning Meetings to Planning & Engineering Conference Room located at 114 S. Halagueno St. Carlsbad, NM. 5. Consider an Appeal of a Zoning Determination issued by the Planning Department (Jeff Patterson, Director), determining the allowance of housing of alternate shift employees at 5315 Lomas Dr., located in the Carlsbad Airport Industrial Park, pursuant to Sec (c), Carlsbad Code of Ordinances. 6. Consider a recommendation regarding a zoning change from R-1 Residential to R-2 Residential located at 403 N. 8th St., legally described as Lot 5, Block 16, Hillside Subdivision. 7. Consider approval of a Conditional Use Permit located at 1416 W. Orchard Ln, legally described as, Riverside Country Club Amended, Block 3, Lot 16, to allow a photography studio business, zoned R-1 Residential. 8. Consider Approval of a Preliminary Plat for Mesa Vista Subdivision, creating Lot 1 and Lot 2, 2.7 acres each, zoned Residential District R-2 pursuant to Code of Ordinances Chapter Consider approval of Conditional Use Permit located at 1003 N. Halagueno St., legally described as Lakeside Country Club, Block 147, Lot 29, to allow an online boutique business, Zoned R- 1 Residential. 10. Review and Consider Approval of West Loop Road, Phase I Monumentation Map. 11. Report regarding plats approved through Summary Review Process. 12. Adjourn. If you require hearing interpreters, language interpreters, auxiliary aids in order to attend and participate in the above meeting, please contact the City Administrator's offices at (575) at least 48 hours prior to the scheduled meeting.

3 MINUTES OF A REGULAR MEETING OF THE CITY OF CARLSBAD PLANNING & ZONING COMMISSION HELD IN THE MUNICIPAL BUILDING PLANNING ROOM, 101 N. HALAGUENO STREET, FEBRUARY 2, 2015, AT 5:00 P.M. VOTING MEMBERS PRESENT: JAMES KNOTT JAMES MCCORMICK WANDA DURHAM LASON BARNEY EDDIE RODRIGUEZ CHAIRPERSON COMMISSION SECRETARY COMMISSIONER COMMISSIONER COMMISSIONER VOTING MEMBERS ABSENT: NONE EX-OFFICIO MEMBERS PRESENT: JEFF PATTERSON GEORGIA GOAD STEPHANIE SHUMSKY BOARD SECRETARY PRESENT: PATTIE PISTOLE PLANNING DIRECTOR PLANNING DEPUTY DIRECTOR DEPUTY CITY ADMINISTRATOR PLANNING, ENGINEERING AND REGULATION DEPARTMENT SECRETARY OTHERS PRESENT: RAGAN REID 2510 MONTE VISTA DIANA BRYANT 1003 N. HALAGUENO VALERIE MURRILL 1408 MUSCATEL WAYNE BINGHAM ALBUQUERQUE, NM MICHAEL Q. STANLEY 309 N. 8 TH JULE CHESTER 1416 W. ORCHARD STEVE SHANORE ROSWELL, NM SHANNON SUMMERS 2610 UTAH LOUISE TRACY BOX 700 TONK CHESTER 1416 W. ORCHARD MARILYN HERSHEY 1005 N. HALAGUENO Time Stamps and headings below correspond to recording of meeting and the recording is hereby made a part of the official record. 0:00:00 Start Recording [5:03:10 PM] 0:00:03 1. Roll call of voting members and determination of quorum. Roll was called, confirming the presence of a quorum of commission members. Present Ms. Durham, Mr. McCormick, Mr. Barney, Mr. Knott; Absent Mr. Rodriguez. (Mr. Rodriguez arrived about 5:25 p.m., during discussion of Agenda Item #5.) 0:00:35 2. Approval of Agenda.

4 Mr. Patterson asked that Item #4 be removed from the agenda. Also, he asked that consider be removed from the description of Item #10. The Commission is reviewing the plans for information only. Mr. McCormick made a motion to approve the amended agenda. Ms. Durham seconded the motion. The vote was as follows: Yes Ms. Durham, Mr. Knott, Mr. McCormick, Mr. Barney; No None; Abstained None; Absent Mr. Rodriguez. The motion carried. 0:02:33 3. Approval of Minutes from the Meeting held January 12, Ms. Durham motioned and Mr. McCormick seconded to approve the Minutes. The vote was as follows: Yes Ms. Durham, Mr. McCormick, Mr. Barney; No None; Abstained Mr. Knott; Absent Mr. Rodriguez. The motion carried. 0:03:45 5. Consider an Appeal of a Zoning Determination issued by the Planning Department (Jeff Patterson, Director), determining the allowance of housing of alternate shift employees at 5315 Lomas Dr., located in the Carlsbad Airport Industrial Park, pursuant to Sec (c), Carlsbad Code of Ordinances. Mr. Shanore, attorney, attended the meeting in an advisory capacity to the City. Mr. Bingham, attorney, attended as the party making the appeal on behalf of Ms. Murrill. All parties making statements or answering questions regarding the item were sworn in before they spoke. This included Mr. Bingham, Mr. Patterson, Ms. Shumsky, and Ms. Murrill. There was disagreement over the meaning of residence. The determination letter was read. Mr. Patterson and Mr. Bingham explained their opposing stances. Mr. Bingham and Ms. Murrill contended that people were living at the address on Lomas. Mr. Patterson explained that because of the nature of the business, employees need to be present at all times. Keeping employees there for long periods of time does not constitute residing there. They were on duty for 24 or 48 hour shifts and then went home. Ms. Shumsky said it was similar to firemen. They were there when on duty, but didn t live there. Mr. Patterson also clarified that he had seen Ms. Riordan for advice regarding the matter and had separately spoken with Mr. McCutcheon about his interpretation. There was never a meeting with both of them. Mr. Bingham said that the zoning ordinance had changed, and that the City Council would not have wanted residences allowed for shift workers. He said the interpretation was beyond what the Council intended. Ms. Murrill spoke regarding her disagreement with the determination. There was discussion regarding the role of Code Enforcement in monitoring and validating residences. Several of the commissioners asked questions. After further discussion, Mr. Knott asked Mr. Shanore to clarify for the committee what action needed to be taken. Mr. Shanore stated that they could overturn or affirm Mr. Patterson s interpretation and decision. Motion was made by Mr. Knott to uphold and affirm Mr. Patterson s interpretation and determination issued to allow housing of alternate shift employees at 5315 Lomas Drive. Mr. McCormick seconded the motion. The vote was as follows: Yes Mr. Knott, Mr. McCormick, Mr. Barney; No Mr. Rodriguez; Abstained Ms. Durham; Absent None. The motion carried. 1:04:40 6. Consider a recommendation regarding a zoning change from R-1 Residential to R-2 Residential located at 403 N. 8th St., legally described as Lot 5, Block 16, Hillside Subdivision. Ms. Reid was present for her zone change request. Mr. Patterson explained that the area is predominantly zoned R-1, and that the change would create a spot zone. Staff recommended denial, because it would adversely impact the community and would not promote the goals of city ordinances. Once a zone change was granted, uses would be allowed that don t fit for the area. The owner wouldn t

5 have to stick to the proposed use, but could use the property for anything allowed in an R-2 zone. Ms. Reid stated that they had remodeled the building for a multi-family setting. There were six bedrooms, but a common kitchen and living area. It had been used as a church in the past, but could now be used as a group home. Mr. Knott asked and the applicant confirmed that it had already been remodeled and all the appropriate building permits had been obtained. Ms. Reid added that there was plenty of room for parking in the front and back of the building. During public comment, Mr. Stanley spoke against the zone change. He said he was hesitant because his property boundaries had been encroached on in the past. Mr. Rodriguez made a motion to recommend denial of the Zone Change. Ms. Durham seconded his motion. The vote to recommend denial was as follows: Yes Ms. Durham, Mr. Knott, Mr. McCormick, Mr. Rodriguez, Mr. Barney; No None; Abstained None; Absent None. The motion carried. 1:17:58 7. Consider approval of a Conditional Use Permit located at 1416 W. Orchard Ln, legally described as Riverside Country Club Amended, Block 3, Lot 16, to allow a photography studio business, zoned R-1 Residential. Ms. Chester attended the meeting to answer any questions regarding her request. Mr. Patterson stated that Staff recommended approval. All photography will be digital, so there will not be any chemicals used in the process. The City reserves the right, however, to monitor utility rates. Should anything change significantly, such as solid waste, then rates could be increased to the commercial rates. Ms. Chester explained that she has been in business since 2010, registered with the city. She recently started doing studio photography, as there is a demand in Carlsbad. She says she has parking for up to twenty vehicles in her circular drive. She is close the Riverside Country Club, which has big events with overflow parking in the neighborhood. Mr. Patterson said there had been complaints from neighbors regarding the traffic and parking from her business. Someone even complained of broken irrigation lines. Without a conditional use, there should not have been any customers coming to the home, or any sign of a business. Ms. Chester had erected a sign, but covered it up when told it was not allowed. There was no public comment. Mr. Rodriguez made a motion to approve the Conditional Use. Ms. Durham seconded the motion. The vote was as follows: Yes Ms. Durham, Mr. Knott, Mr. McCormick, Mr. Rodriguez, Mr. Barney; No None; Abstained None; Absent None. The motion carried. 1:32:48 8. Consider Approval of a Preliminary Plat for Mesa Vista Subdivision, creating Lot 1 and Lot 2, 2.7 acres each, zoned Residential District R-2 pursuant to Code of Ordinances Chapter 47. Since neither the applicant, nor a representative for the applicant, appeared for the item, Mr. Rodriguez made a motion to table the item until the next meeting. Mr. Barney seconded the motion. The vote was as follows: Yes Ms. Durham, Mr. Knott, Mr. McCormick, Mr. Rodriguez, Mr. Barney; No None; Abstained None; Absent None. The motion carried. 1:34:11 9. Consider approval of Conditional Use Permit located at 1003 N. Halagueno St., legally described as Lakeside Country Club, Block 147, Lot 29, to allow an online boutique business, Zoned R-1 Residential.

6 Ms. Bryant came forward to present a request for a conditional use permit. Mr. Patterson explained that it would be mainly an online business and that Staff recommended approval. Any large recyclable materials would need to be disposed of at the recycle center. Also, the City reserves the right to monitor utility rates. Should anything change significantly, such as solid waste, then rates could be increased to commercial rates. Ms. Bryant said she wanted to bring something new to town. She is not planning to have more than three customers at a time. They would come to browse the boutique by appointment only, since she has a full-time job outside the home. Eventually she would like to rent a commercial building. The next door neighbor, Ms. Hershey, spoke against the conditional use. She had concerns regarding traffic and signs. She doesn t want to change the neighborhood. Mr. Patterson explained that for a conditional use there can be no change in the exterior, except for an unlit, one-square-foot sign. There cannot be any outside storage, and there can be no more than two vehicles parking off-street, other than the driveway. Mr. McCormick made a motion to approve the Conditional Use. Ms. Durham seconded the motion. The vote was as follows: Yes Ms. Durham, Mr. Knott, Mr. McCormick, Mr. Rodriguez, Mr. Barney; No None; Abstained None; Absent None. The motion carried. 1:49: Review West Loop Road, Phase I Monumentation Map. There was discussion as to why the City was reviewing the matter, since the route is completely outside the city, in the county. It is not a subdivision; it just shows the route for the Loop Road. We do not have the authority to sign off on it anyway. In addition, there was not an application submitted with the map, just a name and number. Mr. Patterson said that if the County needs a letter to say the City reviewed it, then we can supply one. Otherwise, there isn t anything we can do with it. 1:56: Report regarding plats approved through Summary Review process. Mr. Patterson presented a report about the plats he had signed off on during the previous month. There was brief discussion to clarify the locations. 2:00: Adjourn. There being no further business, the meeting was adjourned. 2:00:23 Stop Recording [7:03:27 PM] Chairman Date