CITY OF CARLSBAD CARLSBAD, NEW MEXICO PLANNING AND ZONING COMMISSION

Transcription

1 1 CTY OF CARLSBAD CARLSBAD, NEW MEXCO PLANNNG AND ZONNG COMMSSON Monday, August 1, 2016, 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. Minutes from Meeting held on July 11, Discuss and set date for September Planning & Zoning Meeting. 5. Consider approval of a Conditional Use Permit at 1502 N. Eighth St. to allow a new cell tower. 6. Consider approval of a Conditional Use Permit at 516 Juarez St. to allow a juvenile rehabilitation center. 7. Consider a recommendation regarding a zone change at 618 W. Pierce St. from R-2 Residential to C-2 Commercial. 8. Consider approval of a Conditional Use Permit at 1015 N. Halagueno St. to allow a home photographic services studio. 9. Consider approval of an Appeal (Variance) at 1018 N. Howard St to allow a 0 side setback for a storage building. 10. Report regarding Summary Review Subdivisions. 11. Adjourn. f 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. 1

2 2 Agenda tem #1: Roll Call of Voting Members and determination of Quorum 2

3 3 Agenda tem #2: Approval of Agenda 3

4 4 #3 Approval of Minutes from Previous Meeting 4

5 5 MNUTES OF THE REGULAR MEETNG OF THE City of Carlsbad Planning & Zoning Commission July 11, 2016, at 5:00 p.m. Meeting Held in the Planning Room 5

6 6 CTY OF CARLSBAD CARLSBAD, NEW MEXCO PLANNNG AND ZONNG COMMSSON Monday, July 11, 2016, 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. Minutes from Meeting Held on June 6, Consider Approval of Hillcrest Subdivision Alleyway Vacation. 5. Consider Extension of El Dorado Planned Unit Development. 6. Report Regarding Summary Review Subdivisions. 7. Adjourn. f 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. 6

7 7 MNUTES OF A REGULAR MEETNG OF THE CTY OF CARLSBAD PLANNNG & ZONNG COMMSSON HELD N THE MUNCPAL BULDNG PLANNNG ROOM, 101 N. HALAGUENO STREET, JULY 11, 2016, AT 5:00 P.M. VOTNG MEMBERS PRESENT: JAMES KNOTT BRGDO GARCA WANDA DURHAM LASON BARNEY VOTNG MEMBERS ABSENT: JAMES MCCORMCK EX-OFFCO MEMBERS PRESENT: JEFF PATTERSON GEORGA GOAD TOM CARLSON STEPHANE SHUMSKY SECRETARY PRESENT: PATTE PSTOLE OTHERS PRESENT: JAMES & ANNE LOWERY RAMON VLLAPANDO SHANNON SUMMERS MYRA CARLSON GARY LANE TODD SELLS JM STROZER CHARPERSON COMMSSONER COMMSSONER COMMSSONER COMMSSON SECRETARY PLANNNG DRECTOR PLANNNG DEPUTY DRECTOR PUBLC WORKS DRECTOR DEPUTY CTY ADMNSTRATOR PLANNNG, ENGNEERNG AND REGULATON DEPARTMENT SECRETARY 2202 HLLCREST 2110 HLLCREST CDOD 907 N. EDWARD ALBUQUERQUE, NEW MEXCO SCOTTSDALE, ARZONA ALBUQUERQUE, NEW MEXCO 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 [5:07:51 PM] 0:00:12 1. Roll call of Voting Members and Determination of Quorum. Roll was called, confirming the presence of a quorum of commission members. Present Mr. Knott, Mr. Barney, Mr. Garcia; Absent Ms. Durham, Mr. McCormick. (Ms. Durham came in at 5:25 p.m., during discussion of tem #4.) 0:00:39 2. Approval of Agenda. 7

8 8 Mr. Barney made a motion to approve the Agenda, and Mr. Garcia seconded the motion. The vote was as follows: Yes Mr. Knott, Mr. Barney, Mr. Garcia; No None; Abstained None; Absent Ms. Durham, Mr. McCormick. The motion carried. 0:01:11 3. Approval of Minutes from the Meeting Held June 6, Mr. Barney made a motion to approve the Minutes. Mr. Garcia seconded the motion. The vote was as follows: Yes Mr. Knott, Mr. Barney, Mr. Garcia; No None; Abstained None; Absent Ms. Durham, Mr. McCormick. The motion carried. 0:02:00 4. Consider Approval of Hillcrest Subdivision Alleyway Vacation. The City was the applicant in the matter, represented by Mr. Patterson. This Vacation was approved in 2013, but the original applicant did not carry through with replatting the property. Ms. Shumsky explained that vacation of the property had already been approved in 2013, and that the two-week time period to dispute the decision had expired directly after. The vacation stands, and we can hear opinions on the matter, but we cannot overrule it. There is no time limit, however, on finalizing and recording the vacation with the County. During public comment, Ms. Lowery spoke against the matter, and Mr. Villapondo spoke in favor. Mr. Patterson said that he would pursue getting a resolution before the Council, so that the Vacation could be formally filed with the County. 0:41:56 5. Consider Extension of El Dorado Planned Unit Development. n 2014 Annexation and preliminary plans for a PUD were approved by City Council. The second part of implementing the development was to have a final plan for development. Once the project stalled, for lack of an investor, an extension was granted. n asking for another extension, this time the owner has hired Mr. Lane to help it on to completion. Mr. Lane doesn t think the original master plan by Phoenix fits the City of Carlsbad s comprehensive plan. We need more retirement housing, more affordable housing, and more industrial space. They are in the process of hiring an engineering and planning team, and want community meetings for more input and better PUD results. Mr. Strozier is doing the Eddy County community plan, so he is a very good fit. Mr. Sells added that now there is only one owner to deal with, so the project can move along. Mr. Patterson expressed that the Final and approved Preliminary plans are supposed to line up. Some of the content of the concept plan will need to be changed for the final plan to match. He likes the direction they want to take it, and Staff recommends approval. He also likes the idea of public forums. During public comment, Mr. Carlson stated that he is excited about the plans for moving forward and that this is good timing for the investor. Ms. Shumsky, who had also met with Mr. Lane, said she was confident in his abilities as a planner, and is in favor. Ms. Shannon said that CDOD is meeting with them on Tuesday and was glad to see the project moving forward. Mr. Patterson explained that if the changed plan is approved at the August 9 th City Council meeting, they would be coming back to P & Z with the new concept plan. Mr. Lane said they had three concept plans to show them for input. Ms. Durham made a motion to approve the extension for the PUD, provided that the changes in the original concept were approved by City Council and that P & Z would get a chance to review the alternative plans once they were completed. P & Z would also like to get periodic updates during the progress of the project, at least every 90 days. Mr. Barney seconded the motion. The vote was as follows: Yes Ms. Durham, Mr. Knott, Mr. Barney, Mr. Garcia; No None; Abstained None; Absent Mr. McCormick. The motion carried. 8

9 9 1:06:52 6. Report Regarding Summary Review Subdivisions. There was brief discussion of the plats signed by the commission designees during the previous month. 1:08:52 7. Adjourn. There being no further business, the meeting was adjourned. 1:08:52 Stop Recording [6:16:43 PM] Chairman Date 9

10 10 #4. Discuss and Approve date for September Planning and Zoning Commission meeting: 10

11 DEPARTMENT: Planning, Engineering and Regulation CTY OF CARLSBAD AGENDA BREFNG MEMORANDUM PLANNNG AND ZONNG COMMSSON Meeting Date: 8/1/16 BY: Georgia Goad, Deputy DATE: 7/18/16 Planning Director 11 SUBJECT: Conditional Use Application for a communications tower at 1502 N. Eighth St. according to Section 56-41(c), Table 5. Facility tower height of not more than 85, which is allowed if the engineer has provided justification according to 56-42(k)(c). Applicant: SBA Towers X LLC Verizon Wireless c/o Romano and Associates 8100 Wyoming Blvd. NE, #M4-167 Albuquerque, NM Owner: Shree Properties LLC 2429 W. Pierce St. Carlsbad, NM *The applicant provided the required notification to property owners within 100 and agreed to post the required sign 5-days prior to the public hearing as required by Sec (i). SYNOPSS: The applicant is requesting a Conditional Use Permit in accordance with Section 56-41(c), Table 5, to erect a communications tower at 1502 N. Eighth St. to better serve the north Carlsbad area which has seen much growth in density over the last 10 years as is justified in the application materials. Section 56-42(k)(c) of the Zoning Ordinance, which states that every communications facility or tower shall not exceed a maximum tower height of 100. The applicant is requesting to erect a tower to the height of no more than 85 According to Section 56-42(k)(c): (b) No such facility or tower shall exceed a height of fifty feet (50 ft.) above grade plane, unless the applicant provides a report by a New Mexico registered professional engineer certifying that adequate service to the Carlsbad area cannot be provided from a facility or tower of such height, in which case the facility or tower shall not exceed the minimum height deemed necessary by the engineer, or one hundred feet (100 ft.), whichever is less. The applicant has provided a report and accompanying documentation justifying the requested tower height. MPACT (SAFETY AND WELFARE/FNANCAL/PERSONNEL/NFRASTRUCTURE/ETC.): Approval of this request will result in the construction of a communications tower that does not exceed the maximum allowed height. The following Comprehensive Plan: Strategy 2030 goals apply to this request: Chapter 3: Land Use Goal 2: The City of Carlsbad will make efficient use of government resources through well-planned land use decisions. Goal 4: The City of Carlsbad will strive to create an aesthetically pleasing built environment. PLANNNG STAFF RECOMMENDATON: Based on review of the application and staff comments, planning staff recommends approval because the request would greatly improve wireless communications for the City of Carlsbad residents. 11

12 DEPARTMENT RECOMMENDATON (please check): Approval Denial n/a Approval Denial n/a Public Works Plng., Eng. & Reg. Dept: Fire Department Code Enforcement Division Legal Department Engineering Division Police Department x Planning Division x Utilities Department x Building & Regulation Division Culture & Rec. Dept. Staff Comments: Public Works: recommend approval, no comments. Utilities Department: No comments from utilities. Building Department: no comments. Fire Department: recommend approval, no comments. Code Enforcement: no comments. Legal Department: no comments. Planning Department: recommend approval, see above for comments. Police Department: 1502 N Eighth St. - Conditional Use - Approved: Reviewed; No additional comment. Culture & Recreation Department: recommend approval, no comments. City Engineer: no comments. 12 ATTACHMENTS: Application materials 12

13 13 Conditional Use Application Page of 6 CTY OF CARLSBAD Planning, Engineering, and Regulation Department PO Box 1569, Carlsbad, NM Phone (575) Fax (575) CONDTONAL USE PERMT APPLCATON (NCLUDNG HOME OCCUPATONS) PROCESS FOR ACCEPTANCE AND REVEW OF PLANNNG AND ZONNG COMMSSON MATTERS 1. The Planning and Zoning Commission's regularly scheduled meetings are on the FRST MONDAY OF THE MONTH. Applicant should obtain an Application Packet for the particular type of request (Zone Change, Subdivision, Variance, Annexation, Conditional Use, etc.) from the City of Carlsbad, Planning, Engineering, and Regulation Office. 2. Applicant must submit a completed Application to the Planning. Engineering. and Regulation Office on. or before. the FRST FRDAY OF THE MONTH prior to the desired Commission meeting. The minimum application packet submittal is one (1) copy of the Application \vith original signatures and all required supporting documents. A letter of explanation or clarification may also be provided. The required non-refundable application fee is due with submittal of the application. The desired maximum size for all documents is 11 "x17". However, if the applicant wishes to support his or her application with larger size documents, an original and fifteen (15) copies need to be provided. Separate arrangements for copying these large documents may be possible, but will incur additional costs. 3. The Planning, E ngineering, and Regulation Office will give the Application an initial cursory review. f deficiencies or questions are noted, the Applicant will be advised and provided an opportunity to supplement the application. f the Applicant fails to complete and resubmit the application prior to the above deadline, the matter will not be heard until the next subsequent Commission meeting. The original application fee will be retained and will suffice for the specific original application for a period of 90-days from the date of the original application. 4. Applications appearing complete will be set for full evaluation by City Staff pti.or to the Commission meeting. The purpose of this evaluation is to develop and provide a full briefing report for the Commission. Applicants will be advised of deficiencies noted during this review and will be afforded opportunity to supplement their application during their presentation to the Commission, if they so desire. 5. The Planning and Zoning Commission will vote to approve or deny the request. Applicant or his/her representative must be present to address any questions that Planning and Zoning Commissioners may have. Appeals ofpianning and Zoning Commission decisions wi ll be heard by the City Council pursuant to Sec. 56-l 50(c). 6. The applicant shall mail notice of the Planning and Zoning Commission hearing, via certified mail, to all property owners within one-hundred feet (1 00') of the subject site. Evidence of such notification shall be provided with the application. n addition, the applicant shall post a sign, provided by the City, at the property at least 5 days prior to the public hearing. 13

14 Conditionnl Use Applicotion Page 4 of 6 14 CTY 0 F CARLS BAD AFFDAVT BY PROPERTY 0\VNER(S) F AN APPLCATON S MADE BY SOMEONE OTHER THAN THE PROPERTY OWNER THS FORM MUST ACCOMPANY THE APPLCATON MATERALS. APPLCATON TYPE: DZONNG CHANGE X) CoNDTONAL UsE OV ARANCE OTEMPORARY UsE (WE) HEREBY CERTFY that am (we are) the owners of record of the property described as follows: ADDRESSOFPROPERTY: _w_. PL_ e_r_c_e Mm~~~~ S REit AbbRESS LEGAL DESSCR.PTON: BELVA SUBDVSON 33 BLOCK 33 ( ) LOT OR 1RACT (Ya) HAVE AUTORZED the following individuals to act as my (our) agent with regard to this application. AGENT. Romano & Associates, LLC (Allen Potter) NAME PHONE 8100 Wyoming Blvd. NE, #M4-167, Albuquerque. NM (WE) UNDERSTAND, CONCUR AND AFFRM: That this application may be approved, approved with conditions or denied and that, as the property owner, it is my responsibility to ensure that any conditions are complied with and to ensure that the property is maintained in a condition so as not to jeopardize the heal~ safety or welfare of others and that compliance with all applicable City ordinances is required, and (WE) HEREBY EXECUTE TinS AFFDAVT in support of the proposed application as presented: OWNER : BY: ~ cv... A... ~~~ SGNATJR BY:. s_r_ic_h_a_n_d~d~a~r~a~ ~S~hr~e_e_P_r_o_pe_r_t_i_ea_. ~_c PRNTED NAME DATE:. ""'''lba"*"w~~~.n.l..f-/;,_,;i &::;_ ~ OWNER2: (F APPLCABLE) BY: ""'S""ON"'A'""'fu'"'R ;: BY: "'l': PR~N~T~ED't":NAME.=.., r ~-~~;i;~ ~y- ;;~ ~L 1 i! ; ; i DATE: ~'R""'l':'i7<'['i;"!'r" i, DATE SG'ED! ; ADDTONAL OWNERS: ATTACH SEPARATE SHEETS AS NECESSARY 14

15 15 Conditional Usc Application Page 5 of 6 NOTFCATON SGN POSTNG AGREEMENT Notification of Public Hearings before the City of Carlsbad Planning and Zoning Commission is required pursuant to Sec (i). Signs shall be posted a minimum of 5 days prior to and shall be removed a maximum of 5 days after the public hearing. f the sign is not posted as required, the application will be delayed and will not be considered at the public hearing as scheduled. The sign shall be posted at the street side property line with a secure stake provided by the applicant. have read and understand these requirements. understand where the sign is to be located and my obligation to post the sign prior to the public hearing and remove it afterwards. APPL~+ 6,--- ~~b DATE Sign issued by:--:-----, Staff Member Sign Notification A greement Rev. 10/11 ) ~( '{ (.. 15

16 16 Conditional Usc Application Page 6 of 6 Date: r/ t /f ~ Dear Property Owner, This letter serves as legal notification of a pending action before the City of Carlsbad Planning and Zoning Commission in accordance with Code of Ordinances Sec (i). You are being notified because you are a property owner within one-hundred feet (1 00') of the subject site. Applicant: SBA c/o Romano and Associates, 8100 Wyoming Blvd #M4-167, ABQ NM Name Address Phone Subject Site Location: 2429 W Pierce Carlsbad NM The proposed action is a: D Zoning Change from to in accordance with Sec (b ). D Variance/ Appeal from Sec. in accordance with Sec ( c). The purpose of the variance/appeal is: lla Conditional Use Permit in accordance with Sec (t). The purpose of the permit is for a: D Home Occupation: Q Other Use: Wireless Communication Facility The Planning and Zoning Commission will consider this request at a Public Hearing on: ~ la si /, 2rJ!i Ti~e: 5:00pm Place: City Hall Planning Room, 2"d Floor 101 N. Halagueno St. Carlsbad, NM Date: The Code of Ordinances can be found on the City's website For details about this request contact the applicant OR contact the City Planner at or via at jepatterson@cityofcarlsbadnm.com. Sincerely, Applicant/Agent 16

17 Certificate Of ~t.:tl ltng 17 CM ficale Of Mailing ftht-(7/h _,, h ' " '"- - C~fi~te O~Matlln~ -~~'! c. A.!~ ( A p~ S-tot:> ~~~~ ~0,;- Certificate 01 Moiling.....o.... CertlfiCOite 01 Moiling Certificate 01.M"'""~ PS Fmn 3817 ""' 2007 PSN 7<30-0l OOMOOS J l<f- QO, c!:l98-0'-1 Q Pc:t F<7m 3817 AQA ~7 PSN '!.\!' ifl\ ( co-o "fl 1-- Lf<i7--<> r- ' Certificate 01 Moiling... ~.....,. Certificate 01 Mailing '(.;l/-1.:;j../ 17

18 18 FOOftil:.L ~!Jl\J1 LO!'A> SL VO ~"E A,li<.J::tHOLf ~ '1!!9 J.;{)1o40!.2t 07108, Jio Clll)()l2~ o l Tl ~~~ Proc..,t Otiscr lpt 1cr...,..ty F,rst-Class $0.;1 Hall Lotter <Oolaest tovepl A'li PARK KS 66t2'Jl <llel;t;t 0.b 0 70 Ozl E~o.r ~:.~tea Du'.. ~: r, Otst) "" ).~.l:s.',..1 1 ~:.c:f'l!t te~: c' "''.l. 1 Sl JC '.\ff1 ~ad.\!nquf"t 1'1 f' f "" lass 1 SJ ll ~ail Lett or roo<n~st" 1 <CARt SilAO NM (Weight 0 Lb Ozl <.pee ted Doll vor y Oav l (~ 07111, Ce.-r of ~a ll $1 10 < Aff ~>ed A'""'-"t $0.001 f~rst-class SO 41 ~a ll Lottor tllo<oest c <ROS~Elc Nil 8820JJ t~oi!j"t o Lb o eo 021 <E<!>8Cted Oa r,ory Oavl {Mondat 07/11 201&1 Cert of ~11 $1 n!a1f l>ad A.'OUflt t 00> first Cl ass $0 47 Hail letter <Dmest1cl CCAAl.SBAO. Nl (Voight 0 lb 0 70 Ozl (Expected Del; very Oavl (Monday 01/ ) Cart of Mall l $1 JO <Affixed A"""'"t $0 001 first Class 1 Hail so 47 Lotter (J<me tlcl (CARLSBAD t.t !Wolllht 0 l.b <E oo<llod Dol vory Oayl!Honday 07/1! Cert of Mall 1 $1 JO {Aff ed A"~Xr~t $0 00) F rst-ciass Hall Lottor $0 41 (O.,ostlcl (N<JlTH dl KfSilORO :aio!l!il!we i O'lt 0 Lb 'Expected Oel,.,., Oav ~ y Cl61 cert of Ma11 Sl JO <Aff.,ed Motllt SO 00> F!r.;t-Ciaso $0 47 Mall Lett or (0onest1C) <PECOS. TX <Woutn 0 Lb 0 70 Ozl <Expected Oellverv llayl (Hooday 07/1! Ce< t of Mall $! ){) Aff~>ed Amo<Jlt $0 001 F>rst-Ciass SO 47 Hat Lotter <Do!>estlcl t CARLSBAD. N > <Weight 0 Lb 0 70 Ozl tf>poctod Oollv..-y OaYl!Monday 071!11201&1 Cart of Ha1l 1 $1 lo <Affixed Aroou~t$0.001 First-Class $0 47 ~~~ Letter!Oonest1cl <CLOVS. M > Wolght.0 Lb 0 70 Ozl <Exoectad Ool' r-v Oevl <Hondav CertofHatl 1 SJO <Affixed A'Olt $0 001 o1rst Cless 1 sc 47 ~<ll Lotter <Do!ulst <CAA.SBAD, Ml 88220!llol!ilt;O Lb {fl(p<l(:ted 0.11 VijCy lla. (~<>~ ~ 07/ Cert of Hall $1 10 (Affixed Mount $0.001 Total $17 70 C 'odlt Ca1 d R""i td <Card NaM:AMEXl $17 :o Accomt l:xxxm)(l(xxxxx200~l!approval r <Transact 1 on r. 301 l 18

19 STATE OF NEW MEXCO 19 OmCEOF THE STATE CORPORATON COMMSSON CERTFCATE OF ORGANZATON OF SHREE PROPERTES, L. L. C. ; The State Corporation <;:om"(tl.ission certifies that the Articles of Organization, -duly 'Signed :and verified pursuant to the provisions of the.,. LMTED LABLTY COMPANY ACT ( TO 53 ~. 19.,._7 4. NMSA ) have been received by it and are found to conform to law. Accordingly, by virtue of th~ authority vested in it by law, the State Corporation Commission issues this Certificate of Organ ization and,attaches hereto., ::a duplicate of the Artic~es of Organization. 7C Dated:,JULY 28, 1997 n Testimony Whereof, the swc Corporattoa Commt_ssion of the State of New Mexico bu caused this certificate to be slped by its Chairman and the Seal of said Commtuion to be ~~tb ~0 k_ Chairmm -Director 19

20 20 NM6 Bohemia L TE Coverage and Capacity 20 Hamdi Alaaldin RF Design May 2016 Por=

21 21 Voice & Date Usage Today On average, voice and data usage is growing exponentially based on the amount of devices being used today. Below are current statistics that are driven by the demand for additional data services from all commercial carrier customers and public agencies. The demand for wireless data services is expected to grow 650% between 2013 and 2018 (CTA, June 2015) 70% of9-1-1 calls originate from a cellular phone (FCC, March 2015) 39% of households are wireless only (CTA, June 2015), and that number is only increasing More than 7 5% of prospective home buyers prefer strong wireless communications (RootMetrics, June 2015) Verizon Wireless Proprietary and Confidential 2 y-- venz_onwireless 21

22 22 Existing L TE Coverage/Capacity Gap in the Area NM6 Bohemia is located at the north end of Carlsbad along Highway 285. Primarily this site is designed to provide needed capacity and coverage to travelers entering or leaving town and visitors staying at the hotels in the area. Currently the site called NM6 Ocotillo Hills supports this area from the top of the hill to the west. Growth and development in this area has pushed this site to its limits as far as the amount of voice/data traffic it can reliably handle. n addition, both indoor and outdoor coverage strength is low for both voice and data usage. The consequences of this situation are dropped calls, inability to connect calls, and slow data downloads in this immediate area. Ground elevation at the Ocotillo Hills site is approximately 3,500' whereas ground elevation at the Bohemia site is only 3, 150'. Since the Ocotillo Hills site is on such high ground, we cannot point additional antennas directly towards this area. f we do so, it would absorb traffic from the entire city and the site will be out of capacity immediately due to the expansive area it would cover. A new site is needed in order to offload the increasing volume of voice/data traffic the network sees in this area. An 80' tall site is needed at Bohemia in order to cover a sufficient area Going with lower height such as 50' would not cover a sufficient area to relieve the Ocotillo Hills of some of the traffic it currently carries. n order for the new Bohemia site to divert significant network traffic off the Ocotillo Hills site, it needs to be 80' tall to reach in-building signal levels in the hotels, hospitals, shopping areas, and educational institutions in the vicinity. Verizon Wireless Proprietary and Confidential 3 v--- venzjll1wireless 22

23 Area coverage with no Bohemia ~=====~----:~ Area with 23 Verizon Wireless Proprietary and Confidential 6 ~ venzgnwireless 23

24 Area coverage with Bohemia ~ ~--~ -----~ ~ New Bohemia site will improve in-building coverage and offload traffic from surrounding sites \ 24 Verizon Wireless Proprietary and Confidential 7 v-- venz_onwireless 24

25 25 NM6 Bohemia at 50' - Smaller coverage footprint at 50' vs. 80' means that the new site carries less traffic and does not solve network capacity issues currently experienced in this ~ NMG_fEACH - t ~,. L TE Signal Coverage Reception Ne~~~ i Excellent ndoor & Outdoor ~ \ Excellent Outdoor & n Vehicle NMG OLVE / - ~,1.:-- Excellent n Veh1cle & No ndoor Partial in Vehicle & OK Outdoor No Coverage Legend Verizon Wireless Proprietary and Confidential 4 ~ venzgnwireless 25

26 26 NM6 Bohemia at 80' --=::::= :'--=;====-=.:-~--~"""""', _ 1 Stronger coverage in these areas will offload more traffic to mitigate call drops, blocking, and slow data speeds Stronger coverage in these areas will offload more traffic to mitigate.. call drops, blocking, ~ and slow data speeds.,.._ NMB:Quve \ l TE Signal Coverage Reception Ne'tl Excellent ndoor & Outdoor Excellent Outdoor & n Vehicle Excellent n Vehicle & No ndoor Partial in Vehicle & OK Outdoor No Coverage Leeend Verizon Wireless Proprietary and Confidential 5 ~ venz:gnwireless 26

27 o Executive Summary 27 NM6 Bohemia is design to cover the multiple hotels, medical businesses, shopping areas, and highway traffic entering and leaving Carlsbad. The main justification for its 80' height is to offload sufficient traffic from the NM6 Ocotillo Hills site and provide added network capacity and data speed to customers who live, work, and commute in the area. The increasingly more dense built environment means more calls and data usage in an area where signal from the distant Ocotillo Hills site cannot penetrate adequately. As such, the new Bohemia site will bolster network coverage in this vicinity and offload the increasing network traffic from surrounding sites to ensure a positive customer experience. Verizon Wireless Proprietary and Confidential 8 v-- venz;_onwiretess 27

28 N EGHTH ST 1:1,300 Conditional Use 2429 W. Pierce St. 28 Map # 1050_ed W PERCE ST CAMP AVE OSBORNE RD Author: Heather Roy Legend! Address Roads Area of nterest Parcel Feet Date: 7/14/ MPORTANT: Maps, products and data are NOT surveyor quality and are only to be used as a reference. "

29 29 DEPARTMENT: Planning, Engineering, and Regulation CTY OF CARLSBAD AGENDA BREFNG MEMORANDUM PLANNNG AND ZONNG COMMSSON Meeting Date: 8/1/16 BY: Georgia Goad, DATE: 7/14/2016 Deputy Planning Director SUBJECT: Request for a Conditional Use Permit to allow a Juvenile Rehabilitation and Training Center at 516 Juarez St.in accordance with Sections 56-41(g) Table 2(4)(b) (All Other Community Services), legally described as Lot 14, Block E, San Jose East Addition, Zoned R-2 Residential District. Applicant: Miguel Lopez 305 Cypress St Carlsbad, NM *The applicant provided the required notification to property owners within 100 and agreed to post the required sign 5 days prior to the public hearing as required by Sec (i). SYNOPSS: The applicant is requesting a Conditional Use Permit to allow a Juvenile Rehabilitation and Training Center at 516 Juarez St. The proposed use is listed as a Conditional Use in the R-2 zoning district provided the applicant complies with the regulations set forth in 56-41(c), Table 2(4)(b) (All Other Community Services) which is: Approval of a Conditional Use Permit. The requirements for the application for and issuance of a Conditional Use Permit are listed under Sec (f) of the City s Zoning Ordinance. The applicant has met all of the requirements for the application of the Conditional Use Permit with the exception of: Providing the Planning Dept. a letter of explanation detailing the type of facility the applicant wants to operate. This was required by the Planning Director because there is no definition in the Ordinance for a Juvenile Rehabilitation and Training Center. *Conditional Use Permits are not transferable and do not run with the land. Conditional Use Permits expire upon the sale, transfer, or lease of the property to a new owner or tenant or upon the expiration of a City Business Registration. MPACT (SAFETY AND WELFARE/FNANCAL/PERSONNEL/NFRASTRUCTURE/ETC.): The drawing provided by the applicant indicates where the center is located. There is sufficient space on the property for parking. The proposed use, as supported by the application materials including the site plan, indicate that the following Greater Carlsbad Comprehensive Plan; Strategy 2030 goals are applicable to this request: Chapter 3: Land Use Goal 4: The City of Carlsbad will strive to create an aesthetically pleasing built environment. Chapter 4: Housing 29

30 Goal 2: Carlsbad will ensure that local housing protects the health, safety, and welfare of residents and their neighbors. 30 The Planning and Zoning Commission, in approving a Conditional Use Permit, shall make the following findings and may attach to the permit such reasonable conditions of approval, in addition to those specified in this Zoning Ordinance, to ensure that the development in its proposed location: (a) Will not endanger the public health, safety, or welfare; and (b) Will not adversely impact abutting or nearby properties; and (c) Will not impair the integrity and character of the zoning district in which it is located; and (d) Will be in conformity with the City's Comprehensive Plan and other plans officially adopted by the City. PLANNNG STAFF RECOMMENDATON: Based on review of the application materials and the comments provided by staff, planning staff recommends approval based on the condition that the applicant provides in writing a detailed explanation of the type of facility that will be operated at this location. f this written letter is not provided, the Planning Staff recommends denial. DEPARTMENT RECOMMENDATON (please check): Approval Denial n/a Approval Denial n/a Public Works Plng., Eng. & Reg. Dept: Fire Department Code Enforcement Division Legal Department Engineering Division Police Department x Planning Division Utilities Department x Building & Regulation Division Culture & Rec. Dept. Carlsbad rrigation District x Staff Comments: Public Works: No Comments or concerns from Utilities. Utilities Dept.: No Comments Received. Building Department: No comments received. Fire Department: Reviewed, no comments. Code Enforcement: No comments received. Legal Department: No comments received. Planning Department: Recommend approval based on conditions. Police Department: 516 Juarez St. - Conditional Use - Approved: Reviewed; No additional comment. Culture & Recreation Dept.: Reviewed, no comments. City Engineer: n/a Carlsbad rrigation District: CD neither objects nor endorses these applications since they do not affect our operations. ATTACHMENTS: Application materials 30

31 Conditional Use Application Page 1 of 6 31 CTY OF CARLSBAD Plannin Engineering, and Regulation Department PO Box 1569, Carlsbad, NM Phone (575) Fax (575) CONDTONAL USE PERMT APPLCATON (NCLUDNG HOME OCCUPATONS) PROCESS FOR ACCEPTANCE AND REVEW OF PLANNNG AND ZONNG C01tWSSON MATTERS 1. The Planning and Zoning Commission's regularly scheduled meetings are on the FRST MONDAY OF THE MONTH. Applicant should obtain an Application Packet for the particular type of request (Zone Change, Subdivision, Variance, Annexation, Conditional Use, etc.) from the City of Carlsbad, Planning, Engineering, and Regulation Office. 2. Applicant must submit a completed Application to the Planning, Engineering, and Regulation Office on, or before, the FRST FRDAY OF THE MONTH prior to the desired Commission meeting. The minimum application packet submittal is one (1) copy of the Application with original signatures and all required supporting documents. A letter of explanation or clarification may also be provided. The required non-refundable application fee is due with submittal of the application. The desired maximum size for all documents is 11 "x17". However, if the applicant wishes to support his or her application with larger size documents, an original and fifteen (15) copies need to be provided. Separate arrangements for copying these large documents may be possible, but will incur additional costs. 3. The Planning, Engineering, and Regulation Office will give the Application an initial cursory review. f deficiencies or questions are noted, the Applicant will be advised and provided an opportunity to supplement the application. f the Applicant fails to complete and resubmit the application prior to the above deadline, the matter will not be heard until the next subsequent Commission meeting. The original application fee will be retained and will suffice for the specific original application for a period of 90-days from the date of the original application. 4. Applications appearing complete will be set for full evaluation by City Staff prior to the Commission meeting. The purpose of this evaluation is to develop and provide a full briefing report for the Commission. Applicants will be advised of deficiencies noted during this review and will be afforded opportunity to supplement their application during their presentation to the Commission, if they so desire. 5. The Planning and Zoning Commission will vote to approve or deny the request. Applicant or his/her representative must be present to address any questions that Planning and Zoning Commissioners may have. Appeals of Planning and Zoning Commission decisions will be heard by the City Council pursuant to Sec (c). 6. The applicant shall mail notice of the Planning and Zoning Commission hearing, via certified mail. to all property owners within one-hundred feet (1 00') of the subject site. Evidence of such notification shall be provided with the application. n addition, the applicant shall post a sign, provided by the City, at the property at least 5 days prior to the public hearing l 31

32 Conditional Use Application Page 2 of 6 32 CTY OF CARLSBAD Planning, Engineering, and Regulation Department PO Box 1569, Carlsbad, NM Phone (575) Fax (575) CONDTONAL USE PERMT APPLCATON (NCLUDNG HOME OCCUPATONS) Sec (f) Application Date: S / J '1. /? t:> ~ f APPLCANT NFORMATON: /jjjc/el ij&iu=~ Z;t(}i2c? NAt'vffi ADDRESS Rf;kZo (57~ lt:11o C1Y STAT E ZP PHONE s....,. Ei\AL PROPERTY OWNER NFORMATON (FDFFERENTFROMAPPLCANT*): NANffi C1Y STATE ZP PONE EMAL * f the applicant is not the property owner, a signed affidavit from the property owner, consenting to submittal of the application, must be included with the application. LEGAL DESCRPTON AND/OR STREET ADDRESS OF PROPERTY (FOR WHCH CONDTONAL ' USE S REQUESTED): $;4, ~l 4!;~-6 4..()r 'f.b<; E S./J,.kl 00.SE" ~AS[ 4'D't>77CJN ADDRESS LOT BLOCK SUBDVSON ZONNG OF PROPERTY: TYPE OF CONDTONAL USE REQUESTED (FHOMEOCCUPATON, NDCATETYPE): i-l ~ "\

33 Conditional Usc Application Page 3 of 6 33 JUSTFCATON FOR REQUEST AND STE PLAN: (Describe the proposed use and any conditions on the property or within the neighborhood that may affect the use i.e. parking, building locations, neighborhood character, etc. nclude a site plan, drawn to scale or with accurate dimensions, showing property lines, fences and/ or walls, setbacks, building and structure locations and parking areas. Attach a sep~q\te sheet if necessary.) _ ~);~ T~- J"~-- =- 1 ) ) ) f. ) f ) 5-) i ) ) ~~ FOR OFFCAL USE ONLY~ Required prior to P & Z: Complete Application ncluding: 0 Site Plan 0 Fee 0 Notification OSign Posting Agreement 0 ABM 0 Staff Comments P & Z Action: 0 Approved 0 Denied 0 Other OLetterofExplanation O Sign Posted 0 Application Packet Date:

34 Cond itional Use Application Page 4 of 6 34 CTY OF CARLSBAD AFFDAVT BY PROPERTY OWNER(S) F AN APPLCATON S MADE BY SOMEONE OTHER THAN THE PROPERTY OWNER TDS FORM MUST ACCOMPANY THE APPLCATON MATERALS. APPLCATON TYPE: 0 ZONNG CHANGE D CoNDTONAL UsE DV ARANCE D TEMPORARY USE (WE) HEREBY CERTFY that am (we are) the owners of record of the property described as follows: ADDRESS OF PROPERTY: 5/ /o.jlja?.i;z... s;(. / STREET ADDRESS LEGAL DESSCRPTON: -----=-:7==:-:-----/::: ---=-==L;:-o-'-1( --'-J-'-f\----$-'-J_._J_v_S, :-::=-=c:-:::a:::-s:-::t-=- -'-/J.-=.1)-'-/-'-71,;,;7 o:;,_a.).::<_ SUBDVSON BLOCK LOT OR TRACT l (WE) HAVE AUTHORZED the following individuals to act as my (our) agent with regard to this application. AGENT: NAM PHONE (WE) UNDERSTAND, CONCUR AND AFFRM: That this application may be approved, approved with conditions or denied and that, as the property owner, it is my responsibility to ensure that any conditions are complied with and to ensure that the property is maintained in a condition so as not to jeopardize the health, safety or welfare of others and that compliance with all applicable City ordinances is required, and 1 (WE) HEREBY EXECUTE THS AFFDAVT in support of the proposed application as presented: OWNERl: ~ - av?vv-jm"..{)~ 'd~l BY: M!CtNEL AtdcJ!Go LoOG?_ PRNTED NAME f DATE: ~ - f'- ~0/[... DATE SGNED OWNER 2: (F APPLCABLE) BY: ==~~ SONATURE NOTARY SEA L BY: ~==~~ PRJNTED NAME DATE: ~~=,_ DATEsroNED ADDTONAL OWNERS: ATTACH SEPARATE SHEETS AS NECESSARY '). J(t

35 Conditional Use Application Page 5 of 6 35 NOTFCATON SGN POSTNG AGREEMENT Notification of Public Hearings before the City of Carlsbad Planning and Zoning Commission is required pursuant to Sec (i). Signs shall be posted a minimum of 5 days prior to and shall be removed a maximum of 5 days after the public hearing. f the sign is not posted as required, the application will be delayed and will not be considered at the public hearing as scheduled. The sign shall be posted at the street side property line with a secure stake provided by the applicant. have read and understand these requirements. understand where the sign is to be located and my obligation to post the sign prior to the public hearing and remove it afterwards. 2vc~.. L at:;:., ~ L APPLT SGNATURE? Sign issued by: -HDJ-,i.:_!)\F-: r-aff~m ber Sign Notification Agre_ement Rev. 10/

36 Zoning Change Application 36 Date:.s/ 11o/zu 1 2P r ' Dear Property Owner, This letter serves as legal notification of a pending action before the City of Carlsbad Planning and Zoning Commission in accordance with Code of Ordinances Sec (i). You are being notified because you are a property owner within one-hundred feet (100') of the subject site. Applicant:M teucl t Lof G2-3 OS S. ~ p,g::-55.s {. Name Address 7 Subject Site Location: 51 & '":J ut+e f 2:- (S75)3?-1-bb9 D Phone The proposed action is a: 0 Zoning Change from to in accordance with Sec (b ). 0 Variance/Appeal from Sec. in accordance with Sec (c). The purpose of the variance/appeal is: JZl Conditional Use Permit in accordance with Sec (f). The purpose of the permit is for a: 0 Home Occupation:, ~ Other Use:...:r u W. /...1 /LE: Re.tlJ 7bTS+-1 t.t 1 f.-/ b The Planning and Zo~ing Commis~?n will consider this request at a Public Hearing on: Date: v-iv;z d>z ~ 0-- / -{ Y Time: S:dop Place: City Hall Planning Room, 2"d Floor 101 N. Halagueno St. Carlsbad, NM The Code of Ordinances can be found on the City' s website ww\v.citvofcarlsbadnm.com. For details about this request contact the applicant OR contact the City Planner at or via "hil::!.nt Sincerely,. ~ ~ 36

37 37 Mail Service Center 522 W. Mermod St. Carlsbad, NM or Fax * ~k D Credit Card D Charge \ i l 1 0 UPS 1Z6569E803 0 (GROUND) 1Z6569E802 0 {2nd Day} 1Z6569E801 0 {Next Day} 0 Fed Ex 0 Ground 0 Express PO# NS. DATE: &:,- 7- )(o QTY Description Unit Price Amount 10 C /t.. L- L \(L> ) CSlu '-:)) bo! f '! :,>,- ~. ~~ \ - -- L - - r,.._._ ' r i J 0 MAL SERVCE CENTER PACKNG SUBTOTAL <~ - J ~ t>. (J \; 0 CUSTOMER PACKNG TAX CUSTOMER REJECTS NSURANCE TOTAL. 'S.,, ) 1 res y 'T ~r JJj = L_ ~ 37

38 38 MAL SERVCE CENTER 522 W. MERMOD ST. CARLSBAD, NM OR FAX CASH 0 CHECK 0 CREDT CARD 0 CHARGE ' PURCHASE ORDER NUMB ER ' DATE QTY DESCRPTON UNT PRCE AMOUNT 'D4-V~d_ r p,' V1~ (L_ {:: {'C;. 1/1 c. \ s (_-7} Oh..fO... L.\A-"'] ~ (}.._ V\._ -\-t o..._c r> r p. PeL t-t Q.. t e '1\ t i-.e t e...v1 /~et ~Q V\ A e J.- 0 MAL SERVCE CENTER PACKNG SUBTOTAL 0 CUSTOMER PACK NG TAX 0 CUSTOMER REJECTS NSURANCE TOTAL THE MAL SERVCE CENTER S NOT RESPONSBLE OR LABLE FOR OAHAGE TO CONTENTS CAUSED BY SHPPNG OR PACKNG. T S THE RESPONSB LTY OF THE CUSTOMER TO ENSURE THE ACCURACY OF THE DESTNA TON ADDRESS. ANY ADDTONAL CHARGES ENCURRED DUE TO AN NCORRECT ADDRESS ARE THE RESPONSBLTY OF THE CUSTOMER AND YOU HAY BE BLLED ACCORD NGLY. L 38

39 39 MAL SERVCE CENTER 522 W. MERMOD ST. CARLSBAD, NM OR FAX CASH 0 CHECK 0 CREDT CARD 0 CHARGE PURCHASE ORDER NUMBER DATE QTY DESCRPTON UNT PRCE AMOUNT ~~ o'i SCA.. f Q.L(,s T a.. vo. 0 MAL SERVCE CENTER PACKNG SUBTOTAL 0 CUSTOMER PACKNG TAX 0 CUSTOMER REJECTS NSURANCE TOTAL l THE MAL SERVCE CENTER S NOT RESPONSBLE OR LABLE FOR DAMAGE TO CONTENTS CAUSED BY SHPPNG OR PACKNG. T S THE RESPONSBLTY Of THE CUSTOMER TO ENSURE THE ACCURACY OF THE DESTNATON ADDRESS. A NY ADDTONAL CHARGES ENCURRED DUE TO AN NCORRECT ADDRESS ARE THE RESPONSBLTY OF THE CUSTOMER AND YOU MAY BE BLLED ACCORDNGLY. 39

40 1:500 Conditional Use 516 Juarez St. 40 Map # 1051_ed01 CHAVEZ ST 516 JUAREZ ST Author: Heather Roy Legend! Address Roads Area of nterest Parcel Feet Date: 7/14/ MPORTANT: Maps, products and data are NOT surveyor quality and are only to be used as a reference. "

41 DEPARTMENT: Planning, Engineering & Regulation CTY OF CARLSBAD AGENDA BREFNG MEMORANDUM PLANNNG AND ZONNG COMMSSON Meeting Date: 8/1/16 BY: Georgia Goad, Deputy DATE: 7/13/16 Planning Director SUBJECT: Zoning Change from R-2 Residential District to C-2 Commercial District for Lot 2, Block 181, Westfall Subdivision, located on the northeast corner of Spring St and Pierce St., pursuant to Section et. Seq. NMSA 1978 and Sections (b) and (i), Carlsbad Code of Ordinances. Applicant/Owner Robert C. Murray 1007 N. Shore Dr. Carlsbad, NM *The applicant provided the required notification to property owners within 100 and agreed to post the required sign 5-days prior to the public hearing as required by Sec (i). The City will notify the property owners 15-days prior to the City Council hearing and publish notification in the newspaper 30-days prior to said hearing. SYNOPSS, HSTORY AND MPACT (SAFETY AND WELFARE/FNANCAL/PERSONNEL/NFRASTRUCTURE/ETC.): The applicant is requesting a Zoning Change from R-2 Residential District to C-2 Commercial District at the subject site. There is mixed zoning in the area from R-2 and C-2. (see attached map). According to Zoning Ordinance Sec (b)(4): Amendments, prior to approving a zoning change, the City Council must find whether or not the proposal would improve or damage the comprehensive zoning plan herein established. Comprehensive Plan: Strategy 2030 goals and policies that are applicable to this request are: Chapter 3: Land Use Goal 1: The City of Carlsbad will adopt policies to support the nfill/redevelopment Land Use Scenario. Goal 2: The City of Carlsbad will make efficient use of government resources through well-planned land use decisions. Goal 4: The City of Carlsbad will strive to create an aesthetically pleasing built environment. Goal 5: The City of Carlsbad will ensure that land use does not negatively impact the city s environmental resources. Chapter 5: Economic Development Goal 4: mprove the appearance of Carlsbad. Sec (b)(4): An amendment to the Official Zoning Map or to the Text of this Zoning Ordinance must be justified by one or more of the following findings: (a) The proposed amendment will or will not adversely impact the public health, safety or general welfare and will or will not promote the original purposes of the Zoning Ordinance; and (b) The proposed amendment responds or does not respond to changed conditions, such as changes in public capital investments, road locations or functional classification, population trends, density, use or further studies that have been completed since adoption of the Zoning Ordinance; and (c) The proposed amendment is or is not necessary in order to respond to State and/or Federal legislation; and (d) The proposed amendment provides or does not provide additional flexibility in meeting the objectives of this Zoning Ordinance without lowering the standards of the Zoning Ordinance; and (e) The proposed amendment is or is not in substantial compliance with the City's Comprehensive Plan or other City Master Plan; and (f) The proposed amendment will or will not adversely affect the implementation of the goals and policies of the City's Comprehensive Plan or other City Master Plan; and 41 41

42 (g) The proposed amendment is justified in order to correct a mistake in the Official Zoning Map or the text of the Zoning Ordinance; and (h) The proposed amendment is justified in order to respond to changes in the City s Comprehensive Plan or other City Master Plan including, but not limited to, changes in land use assumptions, surrounding uses, population forecasts, rates of land consumption, anticipated community needs or other factors. PLANNNG STAFF RECOMMENDATON: Based on review of the application and staff comments, planning staff recommends approval of this request based on the following findings: 1. The proposed amendment will not adversely impact the public health, safety or general welfare and will not promote the original purposes of the Zoning Ordinance; and 2. The proposed amendment does respond to changed conditions, such as changes in public capital investments, road locations or functional classification, population trends, density, use or further studies that have been completed since adoption of the Zoning Ordinance; and 3. The proposed amendment is not necessary in order to respond to State and/or Federal legislation; and 4. The proposed amendment does provide additional flexibility in meeting the objectives of this Zoning Ordinance without lowering the standards of the Zoning Ordinance; and 5. The proposed amendment is in substantial compliance with the City's Comprehensive Plan or other City Master Plan; and 6. The proposed amendment will not adversely affect the implementation of the goals and policies of the City's Comprehensive Plan or other City Master Plan; and 7. The proposed amendment is not justified in order to correct a mistake in the Official Zoning Map or the text of the Zoning Ordinance; and 8. The proposed amendment is not justified in order to respond to changes in the City s Comprehensive Plan or other City Master Plan including, but not limited to, changes in land use assumptions, surrounding uses, population forecasts, rates of land consumption, anticipated community needs or other factors. DEPARTMENT RECOMMENDATON (please check): Approval Denial n/a Approval Denial n/a Public Works Planning, Eng. & Reg. Dept.: Fire Department Code Enforcement Division Legal Department Engineering Division Police Department x Planning Division x Utilities Department x Building & Regulation Division Culture & Rec. Dept. Carlsbad rrigation District x 42 DEPARTMENT COMMENTS: Public Works: No comments. Utilities Department: No comments or concerns from Utilities. Building Department: No comments. Fire Department: No comments. Code Enforcement: No comments. Legal Department: No comments. Planning Department: Recommend approval. Police Department: 618 W. Pierce St. - Zone Change - Approved; Reviewed; No additional comment. Culture & Rec. Dept.: No comments. 42

43 City Engineer: N/A 43 Carlsbad rrigation District: CD neither supports nor objects to this application because it does not affect our operations. City Administration: No comments. ATTACHMENTS: Application materials, Ordinance, P & Z Minutes. 43

44 Zoning Change Applicalion Page of7 44 CTY OF CARLSBAD Planning, Engineering, and Regulation Department PO Box 1569, Carlsbad, NM Phone (575) Fax (575) ZONNG CHANGE APPLCATON Sec. 56-lSO(b) PROCESS FOR ACCEPTANCE AND REVEW OF PLANNNG AND ZONNG COMMSSON MATTERS. The Planning and Zoning Commission's regularly scheduled meetings are on the FRST MONDAY OF THE MONTH. Applicant should obtain an Application Packet for the particular type of request (Zone Change, Subdivision, Variance, Annexation, Conditional Use, etc.) from the City of Carlsbad, Planning, Engineering, and Regulation Office. 2. Applicant must submit a completed Application to the Planning, Engineering, and Regulation Office on, or before, the FRST FRDAY OF THE MONTH prior to the desired Commission meeting. The minimum application packet submittal is one (1) copy of the Application with original signatures and all required supporting documents. A letter of explanation or clarification may also be provided. The required non-refundable application fee is due with submittal of the application. The desired maximum size for all documents is 11 "x17". However, if the applicant wishes to support his or her application with larger size documents, an original and fifteen (15) copies need to be provided. Separate arrangements for copying these large documents may be possible, but will incur additional costs. 3. The Planning, Engineering, and Regulation Office will give the Application an initial cursory review. f deficiencies or questions are noted, the Applicant will be advised and provided an opportunity to supplement the Application. f the Applicant fails to complete and resubmit the application prior to the above deadline, the matter will not be heard until the next subsequent Commission meeting. The original application fee will be retained and will suffice for the specific original application for a period of 90-days from the date of the original application. 4. Applications appearing complete will be set for full evaluation by City Staff prior to the Commission meeting. The purpose of this evaluation is to develop and provide a full briefing report for the Commission. Applicants will be advised o f deficiencies noted during this review and will be afforded opportunity to supplement their application during their presentation to the Commission, if they so desire. 44

45 Zoning Change Application Page 2 of 7 45 ADDTONAL PROCEDURAL REQUREMENTS FOR ZONNG CHANGES: 1) PRESENCE AT MEETNG: The Planning and Zoning Commission will vote to recommend to the City Council approval or denial of request. Applicant or his/her representative must be present to address any questions that Planning and Zoning Commissioners may have. 2) CTY COUNCL SETS A HEARNG DATE: After the Planning and Zoning Commission has made a recommendation on the request, the City Council (at their next regular meeting) will set a date for a public hearing. The date will be set for a regularly scheduled City Council meeting a minimum of 30 days from that date. A "notice of public hearing" is published in the Current Argus at least 30 days prior to the hearing. 3) NOTFCATON: The applicant shall mail notice of the Planning and Zoning Commission meeting, via certified mail, to all property owners within one-hundred feet (100') of the subject site. Evidence of such notification shall be provided with the application. n addition, the applicant shall post a sign, provided by the City, at the property at least 5 days prior to the public hearing. At least fifteen ( 15) days prior to the City Council hearing, the City wi ll notify adjacent property owners within 00' of the subject property via first-class mail for properties greater than one ( ) block in size, or via certified mail for properties one () block or less in size. The notification will include a description of the request, applicant's information, legal description of subj ect property, and the date of the hearing. 4) PUBLC HEARNG: The Public Hearing will be held during a regularly scheduled City Council meeting, and the applicant or his/her representative MUST BE PRESENT to address any questions that the Mayor or Council members may have. 5) ZONNG CHANGE S FNAL: f the City Council approves the zone change, the ordinance is published in the Current Argus. The change is considered final five (5) days after publication. 45

46 Zoning Change Application Page 3 of7 46 Receipt Date ~lamp JUL ! ' '! CTY OF CARLSBAD Planning, Engineering, and Regulation Department PO Box 1569, Carlsbad, NM Phone (57 5) Fax (575) Application D ate: ~+-,:--~-'-'-- Existing Zoning: - ---S-'---'---- APPLCANT NFORMATON: ZONNG CHANGE APPLCATON Sec. 56-lSO(b) "( ~ Fee Paid ($100.00): /etj :;.--- V.pip Proposed Zoning: C ;2 ADDRESS ~t1a?l>~~ ;f/17 F.f~~CJ 7/s-~ Yf~ ;rc;-,-;z CTY STATE ZP Pl!ONE F.Mt\T. PROPERTY OWNER NFORMATON (attach separate sheet for multiple owners}: /2oiJtJ8T C: /1 V;4fl;9 Y /t'o 7 p J'/PC c_ -/J/8 NAME ADDRESS {#S/J#& ~/1 fj~;;;cj 57s-.-Jg :3'5'S""'2 JT/7uf)fYJ1:LrZ617fJit.t'oV1 CTY STAT E ZP P-lONE EMAL * A signed affidavit from the property owner(s}, consenting to submittal of the application, must be included with the application. LEGAL DESCRPTON AND/ OR STREET ADDRESS OF PROPE RTY (NCLUDEAMEETSANDBO UNDS DESCRPTON FOR UNPLATTED LAND, ATTACH SEPARATE SH EET, F NECESSARY): ADDRESS LOT BLOCK SUBDVSON 46

47 Zoning Change Application Page 4 of7 47 REASON FOR THE REQUEST An amendment to the Official Zoning Map or to the Text of the Zoning Ordinance must be justified by one or more of the following. Check all that apply: ~ ~roposed amendment will not adversely impact the public health, safety or general welfare and ~r will not promote the original purposes of the Zoning Ordinance. 0 The proposed amendment responds to changed conditions, such as changes in public capital investments, road locations or functional classification, population trends, density, use or further studies that have been completed since adoption of the Zoning Ordinance. 0 The proposed amendment is necessary in order to respond to State and/or Federal legislation. ~ The proposed amendment provides additional fl exibility in meeting the objectives of this Zoning Ordinance without lowering the standards of the Zoning Ordinance. 0 The proposed amendment is in substantial compliance with the City's Comprehensive Plan or other City Master Plan. ~The proposed amendment will not adversely affect the implementation of the goals and policies of the City's Comprehensive Plan or other City Master Plan. 0 The proposed amendment will correct a mistake in the Official Zoning Map or the text of the Zoning Ordinance. ~ prop osed amendment is justified in order to respond to changes in the City's Comprehensive Plan or other City Master Plan including, but not limited to, changes in land use assumptions, surrounding uses, population forecasts, rates of land consumption, anticipated community needs or other factors. Required prior to P & Z: Complete Application ncluding: 0 Map 0 Fee 0 Letter 0 Notification 0 Sign Agreement Required prior to City Council: Council Hearing Date: Publication Date: Property Owner Notification Sent (within 100' minimum.): D ABM D Staff Comments D Application Packet D Draft Ordinance D P&Z Minutes Council Action: 0 Approved D Denied 0 Other Ordinance No.: 47

48 Zoning Change Application Page 5 of? 48 CTY OF CARLSBAD AFFDAVT BY PROPERTY OWNER(S) F AN APPLCATON S MADE BY SOMEONE OTHER THAN THE PROPERTY OWNER THS FORM MUST ACCOMPANY THE APPLCATON MATERALS. APPLCATON TYPE: DZONNG CHANGE 0CONDTONAL USE OV ARANCE 0TEMPORARY USE (WE) HEREBY CERTFY that am (we are) the owners of record of the property described as follows: ADDRESS OF PROPERTY: STREET ADDRESS LEGAL DESSCRPTON: SUBDVSON BLOCK LOT OR TRACT (WE) HAVE AUTHORZED the following individuals to act as my (our) agent with regard to this application. AGENT: NAME PHON F. ADDRESS (WE) UNDERSTAND, CONCUR AND AFFRM: That this application may be approved, approved with conditions or denied and that, as the property owner, it is my responsibility to ensure that any conditions are complied with and to ensure that the property is maintained in a condition so as not to jeopardize the health, safety or welfare of others and that compliance with all applicable City ordinances is required, and (WE) HEREBY EXECUTE THS AFFDAVT in support of the proposed application as presented: OWNER!: BY: ~~~~ stgnarure BY: --===.,.,..,.., PRNTED NAME DATE:...,-;;~"i'M:T;;;; DATEstGNED :... ; OWNER 2: (F APPLCABLE) BY: ~~~~ stgnature r : NOTARY SEAL BY: ~~~~ PRNrEo NAME DATE: "'r;"a";;"""'=e., DATE SGNED : ; ADDTONAL OWNERS: ATTACH SEPARATE SHEETS AS NECESSARY 48

49 Zoning Change Application Page 6 of7 49 NOTFCATON SGN POSTNG AGREEMENT Notification of Public Hearings before the City of Carlsbad Planning and Zoning Commission is required pursuant to Sec (i). Signs shall be posted a minimum of 5 days prior to and shall be removed a maximum of 5 days after the public hearing. f the sign is not posted as required, the application will be delayed and will not be considered at the public hearing as scheduled. The sign shall be posted at the street side property line with a secure stake provided by the applicant. have read and understand these requirements. understand where the sign is to be located and my obligation to post the sign prior to the public hearing and remove it afte rds. Sign issued by: --:-Q-t-L:---fYD stff M~r Notification Agreement Rev. 10/1 1 49

50 Zoning Change Application Page 7 of? 50 Dear Property Owner, This letter serves as legal notification of a pending action before the City of Carlsbad Planning and Zoning Commission in accordance with Code of Ordinances Sec (i). You are being notified because you are a property owner within one-hundred feet (100') of the subject site. Applicant: /2of3l/~ T {.!fcjt;cij-f. /CY01- ;(/..f~c J/~. (;JtLJ;J~///1 ff.?;;20 Subject Site L:C~ion: {/S {,u, 'l~cc CM 5/JJO A//7 Pho~;;;;; ~l :.f'j')-j ')~ ) The proposed action is a: /,] 7 C ~ ing Change from --'/'--L-~---''-- to.;{ in accordance with Sec (b). 0 Variance/Appeal from Sec. in accordance with Sec (c). The purpose ofthe variance/appeal is: 0 Conditional Use Permit in accordance with Sec ( f). The purpose of the permit is for a: 0 Home Occupation: 0 Other Use: The Planning and Zoning Commission will consider this request at a Public Hearing on: Date: ~/t / z:ot {.p Time: S:tlOpm Place: City Hall Planning Room, 2nd Floor 101 N. Halagueno St. Carlsbad, NM The Code of Ordinances can be found on the City's website For details about this request contact the applicant OR contact the City Planner at or via at jepatterson@cityofcarlsbadnm.com. Sincerely, Applicant/ Agent 50

51 rrt CJ CJ CJ U.S. Postal Service'M. CERTFED MAL RECEPT ~ Domestic Mail Only 0 Return Receipt {electronic) 0Certi(oed ~ Restricted Delivery $ =-1-H+'~ 0 Adult Signature Required $ --;{ : : QAdu't Signature Restricted Delivery S.. ~ Postage $0.47 ) $..-=! Total Postage and Fees $6. 47 ) ~$~~~ ~------~ , 8 ;~~~~~nd "p-clo::ai fi~iaox fjc;_~ '-. Cirr:s;;,;;,;zif>+4" ll 0"" r::() 1"'- 0"" 1'..ll ru rrt CJ CJ Cl U.S. Postal Service~ :~ -, 51-.: CERTFED MAl~ - ~ECEPT. _.. Domestic Mail Only t.. -. :. CAR~SBAD; Nl Adult S gnatum ReqWed D Adult Signature Res!ricted Delivery S Cl Postage ru $0.47 $ 07/07/2016 ).-:1 Ciii. s;;,;;,; zif> PS Form 3800, Apri12015 PSN ooo-9047 See Reverse for nstructions PS Form 3800, April 2015 PSN 7531Hl2-ooD-9047 See Reverse for nstructions ) Jl r::() '- D"" 1' Jl ru rrt CJ CJ CJ CJ ru ) r-'l ) r-'l CJ 1'- xtra ervices & Fees (check box, add fee 0 Roturn Receipt (hardcopy} S -..!..'-'--",:jl_- 0 Return Receipt (etectronic) S -.:p.l.j4-'."- D Certified Mail Restricted Delivery S $) (( 0 Adutt Signature Required S -tf.t-;tjtj- 0 Adult Signature Restricted Delivery S Postage $0.47 0"" 1'...0 ru rrt CJ CJ Cl '...:-:...\" r. ~ J ' 1,, u.s.-postal'service'm.. :. CERTFED MAL RECEPT. Domestic Mail Only. _ CARLSBADlo Ntt CiiY.'siaie;ziF>+4~ ,.... i'! ~ =.. M ffl!' cr 1'..ll ru rrt CAR!.SBADJ Nl1 R8220 t r Certilied Mail Fee $:3.30 s. xtra ervices & Fees (check box, odd fee s P{"{flale) O Return Receipt (hardcopy) S 1 0 Return Receipt (electronic) S _$1 0 Certified Mail Restricted Delivery S $( 1 00 O Adult Signature Required 0 Adult Signature Restricted Delivery S 0 Postage ru $0.47 U1 s Total Postage and Fe~s..-=! $6.47 s..-=! Sen t-~~ L U1 0 1'- $i;cet and Apt. No., or Ciiy,. Siaie; Zif>+4... S --${1-;{ttt _ ~ ll :1 51 CAR~SBADJ NM 0"" ('- Certified Mail Fee $ ~ ~....0 $ :, :.u rtj Extra Services & Fees (chock box, add fee rrt 0 0 Cl 0 Return Receipt (hardcopy) S - =CL.'.=-- 0 Return Receipt (eloctronfc) s ---$..lj_._l)q 0 Certifiod Mail Restricted Delivery $ --$-MEJ--- 0Adult Signature Required s -$t:l 1 : 1 t't 0 Adult Signature Restncted Doll very S CJ Postage nj s $0.47 ~ f,~~o~ta"pp~osclt~ag~e~a~n~d~f~e~e~s ~ $6.47 ; ~ Ciir:siaie;zit>+4~ PS Form 3800, April 2015 PSN ooD See Reverse for nstructions

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53 53 Memo To: From: Jeff Patterson Bob Murray cc: Date: June 24, 2016 Re: Zone Change Request Jeff, have attached the documents got off the web site for the Zone Change we have discussed. have filled them out on behalf of my dad. He will represent himself at the P&Z Meeting and then at the Council Meeting. You had indicated to me that you would let us know the people affected within the 100' boundary so we would know who we needed to send letters to. Please let me know if we need to provide anything else at this time. Thank you for your help, Bob Murray f Amarillo, TX 53

54 North Shore Dr Carlsbad, NM June 15, 2016 RE: Zone Change at 618 West Pierce, Carlsbad, NM City of Carlsbad P&Z: Sirs: am requesting that the zoning on the above referenced property be changed from R2 to C2. The property was originally developed as a dental office in the 1960' s and has continued to be used for one since then. t has come to my attention that based upon City changes made in 2011 that if this property is to be used for its intended purpose or any other purpose other than a residence, then a zoning change must take place. have retired from my dental practice and now would like to lease the building out. My intention is to lease the building to another dentist, a medical doctor, a veterinarian, an insurance agent or any other small business that is interested in the property. To accomplish this, will need to have the property re-zoned from R2 to C2. Further justification for the Zone Change to C2 is that the majority of the surrounding area is C2 and the property is located along the Pierce Street C2 corridor. Thank you for your consideration of this request. 54

55 1:1,000 Zone Change 618 W. Pierce St. 55 Map # 1053_ed01 LAKESDE DR LAKESDE DR SPRNG ST 618 W PERCE ST Author: Heather Roy Legend! Address Roads Area of nterest Parcel Feet Date: 7/27/ MPORTANT: Maps, products and data are NOT surveyor quality and are only to be used as a reference. "

56 DEPARTMENT: Planning, Engineering, and Regulation CTY OF CARLSBAD AGENDA BREFNG MEMORANDUM PLANNNG AND ZONNG COMMSSON Meeting Date: 8/1/16 BY: Georgia Goad, DATE: 7/13/2016 Deputy Planning Director 56 SUBJECT: Request for a Conditional Use Permit to allow an in home photography business located at 1015 N. Halagueno St., legally described as Lakeside Country Club Addition, Block 147, Lot 17, zoned R-1 Residential District, in accordance with Section 56-70(d)(9)(b)(ii). Applicant: Nicholas & Grace Franke 1015 N. Halagueno St. Carlsbad, NM *The applicant provided the required notification to property owners within 100 and agreed to post the required sign 5 days prior to the public hearing as required by Sec (i). SYNOPSS: The applicant is requesting a Conditional Use Permit to allow an in home photography studio at 1015 N. Halagueno St. Dr. Customers will come by appointment only and adequate parking is available in the existing driveway. The Carlsbad City Ordinances allows artists studios within the R-1 Residential Zone, but require a Conditional Use Permit. Sec (d)(9) states: (d) (e) (f) (g) Employees. There shall be a maximum number of one (1) non-resident employee. Operational Standards. (i) The premises upon which the home occupation occurs shall be the primary residence of the person operating the business. (ii) The use shall comply with all applicable ordinances, laws, rules, regulations, codes and policies. (viii) All required licenses, permits, and certifications shall be obtained and maintained at all times. (ii) As measured at the property lines, there shall be no offensive dust, fumes, noise, odors or electromagnetic interference. (iii) The operation shall not result in increased on-street parking in the area. (vii) There shall be no usage, disposal or storage of corrosive, explosive, flammable, hazardous or toxic substances. Such substances shall not be stored or used on City rights-of-way, spilled on or soaked into the ground, nor shall they be deposited or rinsed into a sanitary or storm sewer. tems having or containing such substances shall not be placed in City solid waste receptacles. Outdoor Appearance (i) The home occupation shall be conducted in such a manner as to maintain the residential character of all buildings and structures and in such a manner as not to give an outward appearance nor manifest any characteristic of a business; (ii) No changes in the exterior appearance of the dwelling to accommodate the home occupation shall be allowed, except that one sign may be used. Such sign shall not be illuminated and shall not exceed 1 square foot in size (1 ft. by 1 ft.). The sign shall not be placed within the public right-of-way and must be maintained wholly within the property lines; and (iii) There shall be no outdoor storage of equipment or materials in conjunction with the home occupation. All materials and equipment shall be stored in a fully enclosed area. Parking. (i) A home occupation shall provide additional off-street parking adequate to accommodate all needs created by the home occupation, but in no case shall designate more than two additional, permanent off-street parking spaces; and 56

57 (ii) Required off-street parking to serve a home occupation shall not be permitted in the front setback of the dwelling, other than in a driveway. All parking shall be properly surfaced and maintained to be dust-free 57 *Conditional Use Permits are not transferable and do not run with the land. Conditional Use Permits expire upon the sale, transfer, or lease of the property to a new owner or tenant or upon the expiration of a City Business Registration. MPACT (SAFETY AND WELFARE/FNANCAL/PERSONNEL/NFRASTRUCTURE/ETC.): The drawing provided by the applicant indicates where the studio is located. There is sufficient space on the property for parking. The proposed use, as supported by the application materials including the site plan, indicate that the following Greater Carlsbad Comprehensive Plan: Strategy 2030 goals are applicable to this request: Chapter 3: Land Use Goal 4: The City of Carlsbad will strive to create an aesthetically pleasing built environment. Chapter 4: Housing Goal 2: Carlsbad will ensure that local housing protects the health, safety, and welfare of residents and their neighbors. The Planning and Zoning Commission, in approving a Conditional Use Permit, shall make the following findings and may attach to the permit such reasonable conditions of approval, in addition to those specified in this Zoning Ordinance, to ensure that the development in its proposed location: (a) Will not endanger the public health, safety, or welfare; and (b) Will not adversely impact abutting or nearby properties; and (c) Will not impair the integrity and character of the zoning district in which it is located; and (d) Will be in conformity with the City's Comprehensive Plan and other plans officially adopted by the City. PLANNNG STAFF RECOMMENDATON: Based on review of the application materials and the comments provided by staff, planning staff recommends approval with the following condition: The City will reserve the right to monitor the usage rates of all utilities at this location and change the utility classification of the applicant from residential rates to commercial rates if the usage reflects a substantial increase. DEPARTMENT RECOMMENDATON (please check): Approval Denial n/a Approval Denial n/a Public Works Plng., Eng. & Reg. Dept: Fire Department Code Enforcement Division Legal Department Engineering Division Police Department x Planning Division Utilities Department x Building & Regulation Division Culture & Rec. Dept. Carlsbad rrigation District x 57

58 Staff Comments: Public Works: No Comments or concerns from Utilities. 58 Utilities Dept.: No comments Received. Building Department: No comments received. Fire Department: No objections or comments. Code Enforcement: No comments received. Legal Department: No comments received. Planning Department: Recommend approval based on conditions. Police Department: 1015 N. Halagueno St. - Conditional Use - Approved: Reviewed; No additional comment. Culture & Recreation Dept.: No comments. City Engineer: n/a Carlsbad rrigation District: CD neither supports nor objects to these applications since they do not affect our operations. ATTACHMENTS: Application materials 58

59 ConditioM Use Application Page 1 of 6 59 CTY OF CARLSBAD Planning, Engineering, and Regulation Department PO Box 1569, Carlsbad, NM Phone (575) Fax (575) CONDTONAL USE PERMT APPLCATON (NCLUDNG HOME OCCUPATONS) PROCESS FOR ACCEPTANCE AND REVEW OF PLANNNG AND ZONNG COMMSSON MATTERS 1. The Planning and Zoning Commission's regularly scheduled meetings are on the FRST MONDAY OF THE MONTH. Applicant should obtain an Application Packet for the particular type of request (Zone Change, Subdivision, Variance, Annexation, Conditional Use, etc.) from the City of Carlsbad, Planning, Engineering, and Regulation Office. 2. Applicant must submit a completed Application to the Planning, Engineering, and Regulation Office on, or before, the FRST FRDAY OF THE MONTH prior to the desired Commission meeting. The minimum application packet submittal is one (1) copy of the Application with original signatures and all required supporting documents. A letter of explanation or clarification may also be provided. The required non-refundable application fee is due with submittal of the application. The desired maximum size for all documents is 11 "x17". However, if the applicant wishes to support his or her application with larger size documents, an original and fifteen (15) copies need to be provided. Separate arrangements for copying these large documents may be possible, but will incur additional costs. 3. The Planning, Engineering, and Regulation Office will give the Application an initial cursory review. f deficiencies or questions are noted, the Applicant will be advised and provided an opportunity to supplement the application. f the Applicant fails to complete and resubmit the application prior to the above deadline, the matter will not be heard until the next subsequent Commission meeting. The original application fee will be retained and will suffice for the specific original application for a period of 90-days from the date of the original application. 4. Applications appearing complete will be set for full evaluation by City Staff prior to the Commission meeting. The purpose of this evaluation is to develop and provide a full briefing report for the Commission. Applicants will be advised of deficiencies noted during this review and will be afforded opportunity to supplement their application during their presentation to the Commission, if they so desire. 5. The Planning and Zoning Commission will vote to approve or deny the request. Applicant or his/her representative must be present to address any questions that Planning and Zoning Commissioners may have. Appeals of Planning and Zoning Commission decisions will be heard by the City Council pursuant to Sec (c). 6. The applicant shall mail notice of the Planning and Zoning Commission hearing, via certified mail, to all property owners within one-hundred feet (1 00') of the subject site. Evidence of such notification shall be provided with the application. n addition, the applicant shall post a sign, provided by the City, at the property at least 5 days prior to the public hearing. 9- Jo-201-t 59

60 Conditional Use Application Page 2 of 6 JUN CTY OF CARLSBAD Planning, Engineering, and Regulation Department PO Box 1569, Carlsbad, NM Phone (57 5) Fax (575) CONDTONAL USE PERMT APPLCATON Application D ate: {p)jy/d,tjj~ APPLCANT NFORMATON: (NCLUDNG HOME OCCUPATONS) Sec. 56-lSO(f) N /LH0L4.S A~ C,AA~~ r ft2aa/ke- NAME ADDRESS Fee Paid ($50.00): p_ij27 ~~ Cln' ST ATE ZP P lone PROPERTY OWNER NFORMATON (FDFFERENTFROMAPPLlCANT*): NAME ADDRESS ClT' STATE ZP PHONE * f the applicant is not the property owner, a signed affidavit from the property owner, consenting to submittal of the application, must be included with the application. LEGAL DESCRPTON AND/OR STREET ADDRESS OF PROPERTY (FOR WHCH CONDTONAL USE S REQUESTED): L...All,z.s}l)l- COV\Jrl'<_'f ' 0 15 N HA l/t&j U/3iVO ~~ 7 J 0 / 7 c,~v,e 1 ~T /Otv ADDRESS LOT BLOCK SUBDVSON ZONNG OF PROPERTY:._ fl _j TYPE OF CONDTONAL USE REQUESTED (F HOME OCCUPATON, NDCATE TYPE): OC.C..Vft\ n 6Jj - $AL. -S/Jrfl{l/t Ul ~ r~to MP\-1\c... f.fi.(l.vc,es.91u() o (.t&}-1/l - ll _il. 60

61 Conditionftl U~c Applicfttion P~ge 3 of 6 61 JUSTFCATON FOR REQUEST AND STE PLAN: (Describe the proposed use and any conditions on the property o r within the neighborhood that may affect the use i.e. parking, building locations, neighborhood character, etc. nclude a site plan, drawn to scale or with accurate dimensions, showing property Jines, fences and/ or waus, setbacks, building and structure locations and parking areas. Attach a separate sheet if necessary.) fl.jj,t>r.sf 5;. ~ AriA'--H-~ D.Po&UtM.NT..5, A c..of'1 ofv TJ.;t :)u~t -VlcATON rott R.~R(J~5>T was rfflov'dgd WTH- ~uh 1! 4 t D AJ '-~ TT ~{.,4t.!:P N GLND 1. p (2., of ffi_ -r1 o vj N,. (( fvo t r-( ~ i.aj TH~ /),4-C, 1(~/ jl(~.--~ : _ L'r:z,ll.-nPJi 6 ~1\1 <.JA.J0 Qttt:e- -PT5,. ~\S rt of Pfl..oP e f.j.'f 0~1\J~A.~ w ( TH-.N JooP/ {~nov(._ 7'( 6J..s) - 5VS TtF LATJoN ~bfz: te {\)V~s.. T _ ~ t 1 D taeryaa.vl... jvottpica-rn.)tj ~~Z -LOfY Dr f\.)'1'1 BU5tAJe..S5 ~~&)f.st<atd!v G-fifJ..rtF-c..AT,~ ~ FOR OFFCAL USE ONLY: Required prior to P & Z: Complete Application ncluding: 0 Site Plan D Fee D otification DSign Posting Agreement D ABM D Staff Comments P & Z Action: D Approved D Denied D Other D Letter of Explanation DSign Posted D Application Packet Date: 61

62 Conilitional Use t\ pplication Page 4 of 6 62 CTY OF CARLSBAD AFFDAVT BY PROPERTY OWNER(S) F AN APPLCATON S MADE BY SOMEONE OTHER THAN THE PROPERTY OWNER TDS FORM MUST ACCOMPANY THE APPLCATON MATERALS. APPLCA TlON TYPE: 0ZONNG CHANGE OCONDTONAL USE OV ARANCE 0TEMPORARY USE (we) HEREBY CERTFY that am (we are) the owners of record of the property described as follows: ADDRESS OF PROPERTY: ~==~==== STREET ADDRESS LEGAL DESSCRPTON: -===,.,-, :::-:::-:::-: ,-~~== subdvson BLOCK LOT OR TRACT (WE) HAVE AUTHORZED the following individuals to act as my (our) agent with regard to this application. AGENT: NAME PHONE (WE) UNDERSTAND, CONCUR AND AFFRM: That this application may be approved, approved with conditions or denied and that, as the property owner, it is my responsibility to ensure that any conditions are complied with and to ensure that the property is maintained in a condition so as not to jeopardize the health, safety or welfare of others and that compliance with all applicable City ordinances is required, and (WE) HEREBY EXECUTE THS AFFDAVT in support of the proposed application as presented: OWNERl: BY: ~~~ SGNATURE NOTARY SEAL BY: n.rn~~~ PR!J"'TED NAME DA TE:...,_...,.,==r: DATEsroNED OWNER 2: (F APPLCABLE) BY: ==~== stonature NOTARY SEAL BY: ru==r.~~ PRNTED NAME DATE:..,..,..,=-:;o=r: DATEstGNED ADDTONAL OWNERS: ATTACH SEPARATE SHEETS AS NECESSARY )11 62

63 63 NOTFCATON SGN POSTNG AGREEMENT Notification of Public Hearings before the City of Carlsbad Planning and Zoning Commission is required pursuant to Sec (i). Signs shall be posted a minimum of 5 days prior to and shall be removed a maximum of 5 days after the public hearing. f the sign is not posted as required, the application will be delayed and will not be considered at the public hearing as scheduled. The sign shall be posted at the street side property line with a secure stake provided by the applicant. have read and understand these requirements. understand where the sign is to be located and my obligation to post the sign prior to the public hearing and remove it ds. Sigo '""'' by' ();?.~ (f2 St fmem r Rev. lo 63

64 Conditional Use Application Page 6 of 6 64 Dear Property Owner, This letter serves as legal notification of a pending action before the City of Carlsbad Planning and Zoning Commission in accordance with Code of Ordinances Sec (i). You are being notified because you are a property owner within one-hundred feet (100 ') of the subject site. Applicant: "'A Nl'-ti.- PJoTot,M!ty to S ;\S HALA<:t~1-;\X) ~ ( ~01) 3 'fer- &1Cf 6 Name Address A'. Phone Subject Site Location: SJVS1 D,i:. (AU- 0N frdf~t'1 crid.b.~ ~ The proposed action is a: 0 Zoning Change from to in accordance with Sec (b ). 0 Variance/Appeal from Sec. in accordance with Sec (c). The purpose of the variance/appeal is: ~ Conditional Use Permit in accordance with Sec (t). The purpose of the permit is for a: ~ Home Occupation: ph-old StTVbJ 0 ( tjo ~}}/l.;vi_m-l ])~VtLJ:>f;/:'.Nb;) 0 OtherUse: The Planning and Zoning Commission will consider this request at a Public Hearing on: J'l1 of') ba-~ Ao&, u~ T 1 d.. o b Time: 5:00pm Place: City Hall Planning Room, 2nd Floor 101 N. Halagueno St. Carlsbad, NM Date: The Code of Ordinances can be found on the City's website For details about this request contact the applicant OR contact the City Planner at or via at jepatterson@cityofcarlsbadnm.com. S~incerely, c::::::: ( 7 = Applicant/ Agent ' 64

65 65 FRANKE PHOTOGRAPHY CONDTONAL USE PERMT APPLCATON JUSTFCATON FOR REQUEST We propose to operate a professional photography studio out of our home in accordance with all applicable Federal, State, County, and City laws, regulations, and ordinances. We will operate on an appointment-only basis, during normal waking hours and not early in the morning or late at night. Photographic services businesses are not reasonably expected to create unusual noise, light, air quality, or other scenarios that are out of place in a residential environment. Photographic prints will be processed by a third-party photo lab, eliminating the need for large equipment or chemicals. We will not be posting large signs or other unsightly structures in the area of the business. The private nature of an indoor, appointment-based business results in very low impacts to the character of the neighborhood; indeed, the predominant source of noise pollution on our street is vehicles being driven loudly and rapidly through the area. We do not expect to contribute a significant amount of additional traffic, light, or pollution in the neighborhood. Give n that all business operations are by appointment, we anticipate one or maybe two additional vehicles at a time to be utilizing the property. Due to the setback of the structure from the street, and the existence of a carport, there is ample parking space in our private driveway, reducing or eliminating the need for parking on City streets; however, such parking is allowed in the area and is a very common occurrence, especially for homeowners lacking sufficient parking space on their private property. n summary, we expect the operation of our home occupancy business to cause very little or no change to the character of the neighborhood, and we do not expect it to ca use any bother to others in the area. Nicholas A Franke, General Manager 65

66 ..:_. ~~r 1 - fwllf L,.~ ~ "[, /,/ : y ' Mlu CA! ' '.\K n.'ng / "' :.----,( (J -.. f) ('t}!=).._ 0 (t) <J a... l'>v ;: 0 ~~. (] (l(j' ~ '"' il >i ~t; lb r!'@ 1.. "- "?. ~,_ f:~ t>l ( ~:!: ~ ' J \ -- \ ~ ~. ~ ~ ~.;!. --= >"'' -=..! :=. ::- r ~ ---2;~.o"O --L ~ f.l fj' 01 '" g' Q 0 Q :!1, ~ ;~ ol ':!: ~, ~i J _,. 4 4 ~\) a oo ~ 0,, G) ' 101') N. HAJAGCHNO 66 S1'

67 67 Pkor~R TY ()WtJr 1'2.> LJ 1/H\J }C90P/ 0 F suetk-t S(T!Z Owner Name Mailing Address City State ZP Search Address Lo-+ BOLES, RANDALL L & MARY KAY 1014 N ALAMEDA CARLSBAD NM N ALAMEDA STREET ta' ~5. BOLES, WANDA L 1012 N ALAMEDA CARLSBAD NM N ALAMEDA STREET bt1(;, ~ CRUSE, TRACY DEAN & KELLY ELANE 1013 N HALAGUENO CARLSBAD NM N HALAGUENO STREET ;;:;; DENTON, PERRY & ELZABETH REV TRST 1011 N HALGUENO CARLSBAD NM N HALAGUENO STREET "'"'s- DENTON, PERRY & ELZABETH REV TRST 1011 N HALAGUENO CARLSBAD NM N HALAGUENO STREET - )_0 '?:. DETRCK, GARY D & STARLET L (JT) 1020 N ALAMEDA CARLSBAD NM N ALAMEDA STREET 613"( DOUGHTY, DAVD E 1019 N HALAGUENO ST CARLSBAD NM N HALAGUENO STREET &,t)..' MCBRDE, SAMUEL R & SABEL S (JT) 1020 N HALAGUENO CARLSBAD NM N HALAGUENO STREET '1;110 ONGAGA, FRED B & JUANA 1018 N HALAGUENO CARLSBAD NM N HALAGUENO STREET kjo~~ - PATERSON, BRAN L PO BOX 1628 CARLSBAD NM N HALAGUENO STREET PTZER, JOHN D & LLA LEE (JT) 1014 N HALAGUENO CARLSBAD NM N HALAGUENO STREET ~ 1t; fjsj:. QUNTANA, ROLAND L 1608 N M SSON AVE CARLSBAD NM N HALAGUENO STREET b65'1 REMPEL, DANEL & BARBARA (JT) 1016 N ALAMEDA CARLSBAD NM N ALAMEDA STREET ~o t.~ J1{;v ~ { l f.!,. f. '-'/ 67

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70 70 REGSTRATON CERTFCATE Date D ssued DENTFCATON NUMBER Business Start Date 03-Jun Jun-2016 Business Location 1015 N HALAGUENO ST -*'.,.... ~ - ;--. City and State ~ CARLSBAD, NM,.,,.-... ''\. Taxpayer Name. GRACE FRANKE j Firm Name FRANKE P HOTOGRAPHY ' ',,. "' ' ~."" - Business End Date Zip Code Taxpayer Type PROPRETOR " Filing Frequency. Quarterly This Registration Certificate is issued pursuant to Section NMSA 1978 for Gross Receipts, County Gross Receipts, Municipal Gross Receipts, Compensating and Withholding Taxes. This copy must be displayed conspicuously in the place of business. Any purchaser of the registrants business is subject to certain requirements under Section NMSA Division Director Tax Administration By ~)1 /~ Mailing Address 1015 N HALAGUENO ST City and State CARLSBAD, NM Form Rev1sed 02/ 2003 '~-. r ' Any inquiries concerning your dentification Number should be ' c addressed to the Audit & Compliance Division, P.O. Box 630, Santa Fe, New Mexico ; - Zip Code THS CERTFCATE S NOT TRANSFERABLE STATE OF NEW MEXCO TAXATON AND REVENUE DEPARTMENT REGSTRATON CERTFCATE 70

71 1:700 Variance 1015 N. Halagueno St. 71 Map # 1054_ed N HALAGUENO ST Author: Heather Roy Legend! Address Roads Area of nterest Parcel Feet Date: 7/14/ MPORTANT: Maps, products and data are NOT surveyor quality and are only to be used as a reference. "

72 DEPARTMENT: Planning, Engineering and Regulation CTY OF CARLSBAD AGENDA BREFNG MEMORANDUM PLANNNG AND ZONNG COMMSSON Meeting Date: 8/1/16 BY: Georgia Goad, Deputy DATE: 7/14/2016 Planning Director 72 SUBJECT: Appeal (variance) from Section 56-90(b) to allow a side-yard setback variance of 0 from the side property line rather than the required 5, at 1018 N. Howard St., legally described as Lot 24, Block 8, Carter Unit #2, zoned R-1 Residential District. Applicant: Shaun Box 1018 N. Howard St. Carlsbad, NM *The applicant provided the required notification to property owners within 100 and agreed to post the required sign 5-days prior to the public hearing as required by Sec (i). SYNOPSS: The applicant is requesting a variance from the 5 side setback to 0 setback for a storage building in the backyard. Sec (k) of the Zoning Ordinance states: The Planning and Zoning Commission shall only approve a variance if it makes the following findings: (a) (b) (c) (d) (e) (f) (g) The stated hardship is one that is unique to the applicant rather than one suffered by the neighbors or the general public, and The hardship relates to the applicant's land, rather than personal circumstances, and The hardship is not the result of the applicant's own actions, and The granting of the variance is consistent with the City's Comprehensive Plan or other City master plan, and The granting of the variance is in harmony with the purpose and intent of the Zoning Ordinance, and The variance granted is the minimum necessary to make possible the reasonable use of the land or structure, and The granting of the variance will not be injurious to adjacent property or the neighborhood or detrimental to the public health, safety or general welfare, and (h) The variance will neither result in the extension or expansion of a nonconforming structure or use in violation of Article V nor authorize the initiation of a non-conforming use of land. The applicant did not provide justification of this request that meets the criteria above. MPACT (SAFETY AND WELFARE/FNANCAL/PERSONNEL/NFRASTRUCTURE/ETC.): The back-yard setback standards of Section 56-90(b) of the Zoning Ordinance is meant to preserve a buffer along the backs of residential properties. This buffer is designed to provide access for emergency situations and for safety purposes. 72

73 The following Greater Carlsbad Comprehensive Plan: Strategy 2030 goals apply to this request: Chapter 3: Land Use Goal 4: The City of Carlsbad will strive to create an aesthetically pleasing built environment. Chapter 4: Housing Goal 2: Carlsbad will ensure that local housing protects the health, safety, and welfare of residents and their neighbors. PLANNNG STAFF RECOMMENDATON: Based on the application materials and staff comments, the Planning staff recommends denial. DEPARTMENT RECOMMENDATON (please check): Approval Denial n/a Approval Denial n/a Public Works Plng., Eng. & Reg. Dept: Fire Department Code Enforcement Division Legal Department Engineering Division Police Department x Planning Division x Utilities Department x Building & Regulation Division Culture & Rec. Dept. Carlsbad rrigation District x DEPARTMENT COMMENTS: Public Works: No comments Utilities Department: No Comments or concerns from Utilities. Building Department: No comments. Fire Department: No objections or comments. Code Enforcement: No comments. Legal Department: No comments. Planning Department: See comments above. Police Department: 1018 N. Howard St. - Variance - Approved: Reviewed; No additional comment Culture and Recreation Department: No comments. City Engineer: Carlsbad rrigation District: CD neither supports nor opposes this application since the application does not impact our operations. 73 ATTACHMENTS: Application materials 73

74 Board of Appt.-als Application Page of CTY OF CARLSBAD Planning, Engineering, and Regulation Department PO Box 1569, Carlsbad, NM Phone (575) Fax (575) BOARD OF APPEALS APPLCATON (VARANCE FROM SUBDMSON OR ZONNG ORDNANCE) Sec or Sec (c) PROCESS FOR ACCEPTANCE AND REVEW O F PLANNN G AND ZONN G COMMSSON MATTERS 1. The Planning and Zoning Commission's regularly scheduled meetings are on the FRST MONDAY OF THE MONTH. Applicant should obtain an Application Packet for the particular type of request (Zone Change, Subdivision, Variance, Annexation, Conditional Use, etc.) from the City of Carlsbad, Planning, Engineering, and Regulation Office. 2. Applicant must submit a completed Application to the Planning, Engineering, and Regulation Office on, or before, the FRST FRDAY OF THE MONTH prior to the desired Commission m eeting. The minimum application packet submittal is one (1) copy of the Application with original signatures and all required supporting documents. A letter of explanation or clarification may also be provided. The required non-refundable application fee is due with submittal of the application. The desired maximum size for all documents is 11 "x17". However, if the applicant wishes to support his or her application with larger size documents, an original and fifteen (15) copies need to be provided. Separate arrangements for copying these large documents may be possible, but will incur additional costs. 3. The Planning, Engineering, and Regulation Office will give the Application an initial cursory review. f deficiencies or questions are noted, the Applicant will be advised and provided an opportunity to supplement the application. f the Applicant fails to complete and resubmit the application prior to the above deadline, the matter will not be heard until the next subsequent Corrunission meeting. The original application fee will be retained and will suffice for the specific original application for a period of 90-days from the date of the original application. 4. Applications appearing complete will be set for full evaluation by City Staff prior to the Commission meeting. The purpose of this evaluation is to develop and provide a full briefing report for the Commission. Applicants will be advised of deficiencies noted during this review and will be afforded opportunity to supplement their application during their presentation to the Commission, if they so desire. ~:>- / 5. The Planning and Zoning Commission will vote to approve or deny the request. Applicant or his/her representative must be present to address any questions that Planning and Zoning Commissioners may have. Appeals of Planning and Zoning Commission decisions will be heard by the City Council pursuant to Sec (c). 6. The applicant shall mail notice of the Planning and Zoning Commission hearing, via certified mail, to all property owners within one-hundred feet (1 00') of the subject site. Eviaence of such notification shall be provided with the application. n addition, the applicant shall post a sign, provided by the City, at the property at least 5 days prior to the public hearing

75 Board of Appeals Application Page 2 of 7 '. '..,. \... 1 Receipt Date w:j: Stamp, JUL CTY OF CARLSBAD Planning, Engineen"ng, and Regulation Department PO Box 1569, Carlsbad, NM Phone (575) Fax (575) BOARD OF APPEALS APPLCATON (VARANCE FROM SUBDVSON OR ZONNG ORDNANCE) Sec or Sec (c) Application Date:,._ 30 - { h Fee Paid ($50.00): _ APPLCANT NFORMATON: Shtwn r3c9&. NAME ADDRESS Cor tsia.cl A1 8YJ.;.o.S7S'20o---63rf ors-7.f:" 7J~6 7 CTY STATE ZP PHONE PROPERTY OWNER NFORMATON (F DFFERENTFROMAPPUCANT): SA-M f3 NAME ADDRESS CTY STATE Z P PHONE EM.i\L LEGAL DESCRPTON AND/OR STREET ADDRESS OF PROPERTY (FORWH CH VARANCE S REQUESTED): TYPE OF REQUEST (CHECK ONE): VARANCE FROM THE SUBDVSON REGULATONS (CHAPTER 47 - CODE OF ORDNANCES) AS PROVDED FOR N SECTON 47-7, VARANCES. SPECFY REGULATON AND/ OR SUBSECTON: A VARANCE FROM THE ZONNG ORDNANCE (CHAPTER 56- CODE OF ORDNANCES) AS PROVDED FOR N SECTON 56-l SO(c). SPECFY REGULATON AND/OR SUBSECTQN,5b - qo ib) T ah/ e.? \ 75

76 76 Board of Appeals Application Page 3 of 7! JUSTFCATON FOR REQUEST AND STE PLAN: (Describe the topographical uniqueness of the p.roperty of.extreme practical difficulties or undue hardship that would result from the strict application of the requirement(s) contained in the ordinance section from which the variance is requested. nclude a site plan drawn to scale or with accurate dimensions showing property lines, existing and proposed fences and/ or walls, setbacks, building and structure locations and parking areas. Attach a separate sheet if necessary.) l - r~ ~s~ \ t Le..M~'r+- 'to' - ~ g~ f r~tio J 'l old.s~ta v~f, otlf>'s~ ~ ~~'hit ~~ \ Bo.c \ rbrc.h Lf.~~\ 76

77 77 Board of Appeals Application Page -1 of 7 Zoning Ordinance Criteria for Appeals- Sec (c)(4): The purpose of the appeal procedure is to determine if the decision being appealed meets the requirements of this Zoning Ordinance. The City Council or the Planning and Zoning Commission, when hearing an appeal, is limited to the following determinations: (a) (b) (c) The decision-maker made an error in reviewing whether a standard was met, by a misreading of the facts, plans, regulations or an error in judgment. Where conflicting evidence exists, the appeal is limited to determining what evidence or testimony bears the greatest credibility. The decision-maker made the decision on standards not contained in this or other City ordinances, regulations or state law; or a standard was applied more strictly or broadly than is appropriate to implement the City's Comprehensive Plan and this Zoning Ordinance. Subdivision Regulations Criteria for Appeals-Sec Whenever, in the opinion of the board of appeals, the strict application of the requirements contained in this chapter would result in extreme practical difficulties or undue misuse of property, the board may modify such requirements as are necessary so that the subdivider is allowed to develop his/her property in a reasonable manner providing that the public interests of the community and its citizens are protected and the general intent and spirit of these regulations are preserved. The board shall grant such a variance or modification only upon determination that: 1. The variance will not be detrimental to the public health, safety and general welfare of the community; 2. The variance will not adversely affect the reasonable development of adjacent property; 3. The variance is justified because of topographic or other special conditions unique to the property involved in contradistinction to mere inconvenience or financial disadvantage; 4. The variance is consistent with the objectives of this chapter and will not have the effect of nullifying the intent or purpose of this chapter or the comprehensive plan; 5. The variance has been shown to be in the best interest of the general public and not only of interest to the developer, land owner or other interested party; 6 The hardship must not be pecuniary and must be a direct result of the land location, topography or other characteristic; 7 Where a variance is requested from the required provision of sidewalks, and ADA compliant, alternative route to the nearest bus stop or school is required. f an alternative route cannot be provided, a variance shall not be approved. Required prior to P & Z: Complete Application ncluding: FOR OFFCAL USE ONLY: D Site Plan D Fee D Notification DSign Posting Agreement D ABM 0 Staff Comments D Letter of Explanation DSign Posted 0 Application Packet P & Z Action: 0 Approved D Denied 0 Other Date: 77

78 78 Board of Appeals Application Page 5 of 7 CTY OF CARLSBAD AFFDAVT BY PROPERTY OWNER(S) F AN APPLCATON S MADE BY SOMEONE OTHER THAN THE PROPERTY OWNER THS FORM MUST ACCOMPANY THE APPLCATON MATERALS. APPLCATON TYPE: 0ZONNG CHANGE DCONDTONAL USE mvarance 0TEMPORARY USE (WE) HEREBY CERTFY that am (we are) the owners of record of the property described as follows: ADDREss of PRoPERTY: /otr /V Howwa:l.tst J Cct-~fs~ (1//f/1. g?f?..9-0 STREET ADDRESS LEGAL DESSCRPTON: -==== :::-::-=,., ;-;;::;:-;;-;::-=:-:=: subdvsion BLOCK LOT OR TRACT 1 (WE) HAVE AUTHORZED the following individuals to act as my (our) agent with regard to this application. AGENT: NAME PHONE (WE) UNDERSTAND, CONCUR AND AFFRM: That this application may be approved, approved with conditions or denied and that, as the property owner, it is my responsibility to ensure that any conditions are complied with and to ensure that the property is maintained in a condition so as not to jeopardize the health, safety or welfare of others and that compliance with all applicable City ordinances is required, and (WE) HEREBY EXECUTE THS AFFDA YT in support of the proposed application as presented: w OWNERl:~ BY ~URb BY: s ha.,ufl DO)( PRNTED NAME A E NOTARY SEA L OWNER 2: (F APPLCABLE) BY: -=====~ SGNATURE NOTARY SEAL BY: ~==~~ PRNTED NAME DATE: -=:-=""'=~ DATESGNED ADDTONAL OWNERS: ATTACH SEPARATE SHEETS AS NECESSARY 78

79 79 Board of Appeals Application Page 6 of 7 NOTFCATON SGN POSTNG AGREEMENT Notification of Public Hearings before the City of Carlsbad Planning and Zoning Commission is required pursuant to Sec (i). Signs shall be posted a minimum of 5 days prior to and shall be removed a maximum of 5 days after the public hearing. f the sign is not posted as required, the application will be delayed and will not be considered at the public hearing as scheduled. The sign shall be posted at the street side property line with a secure stake provided by the applicant. have read and understand these requirements. understand where the sign is to be located and my obligation to post the sign prior to the public hearing and remove it afterwards. 6-3o-10 DATE sign issued by: +0 -:-lvor>hl., ~rttfnbe r Rev. 10/ 11 79

80 Zoning Change Application Page 7 of7 80 Date: p- 3D-/~ Dear Property Owner, This letter serves as legal notification of a pending action before the City of Carlsbad Planning and Zoning Commission in accordance with Code of Ordinances Sec (i). You are being notified because you are a property owner within one-hundred feet (100') of the subject site. A pp li cant: :::.':"C-'-.!.>o<..-'0 >..,...!..--'-----= 5'--0=---.!...X~-'--'-...:...=:, ; '----''---:-""...loll.ll"""-'----~~:...: ~ The proposed action is a: 0 Zoning Change from to in accordance with Sec (b). 'tj Variance/Appeal from Sec561Q{b) TaiJ/e., ~in accordance with Sec (c). llb'?urpose ofthe rrcelappeal is: ' + ' -4-A r,t/4 fja, ;;!@;a fj~~jdj-,~;;' J;}gr:: ner ' najl 0 Conditional Use Permit in accordance with Sec (f). The purpose of the permit is for a: 0 Home Occupation: _ 0 OtherUse: The Planning and Zoning Co~~ ission will consider this request at a Public Hearing on: Date: A=ufn : h.oif{:j Time: 5:00 m Place: City Hall Planning Room, 2nd Floor 101 N. Halagueno St. Carlsbad, NM The Code of Ordinances can be found on the City's website For details about this request contact the applicant OR contact the City Planner at or via at jepatterson@cityofcarlsbadnm.com. Sincerely, ~&7( Applicant/ Agent 80

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84 1:550 Variance 1018 N. Howard St. 84 Map # 1052_ed N HOWARD ST Author: Heather Roy Legend! Address Roads Area of nterest Parcel Feet Date: 7/14/ MPORTANT: Maps, products and data are NOT surveyor quality and are only to be used as a reference. "

85 85 Agenda tem #10: Report Regarding Plats Approved Through Summary Review Process 85

86 86 SPRNG HOLLOW UNT 2 PHASE 1 REPLAT 1 A DVSON OF LOT 23, BLOCK 3, OF SPRNG HOLLOW UNT 2, PHASE 1, FLED N CABNET 6, SLDE 465-1, OF THE MAPPNG RECORDS FOR EDDY COUNTY, NEW MEXCO, N WHCH LOTS 23A AND 23B ARE BENG ee~\e'o 1 AND DESCRBED BY THER PERMETER AS FOLLOWS: BEGNNG AT THE SOUTHWEST CORNER OF WAGNER LAND REALGNMENT, FLED N CABNET 3, SLDE 742-2, OF THE MAPPNG RECORDS FOR EDDY COUNTY, NEW MEXCO; THEN N8T35'16"W, ALONG THE SOUTH LNE OF SPRNG HOLLOW UNT 2, PHASE 1 SUBDVSON, FOR FEET, TO THE EAST LNE OF LOT 24, BLOCK 3; THEN N00'01'17"W, ALONG THE EAST LNE OF SAD LOT 24, FOR FEET; THEN THRU A CURVE TO THE RGHT FEET, WTH A RADUS OF FEET, AND A CHORD THAT BEARS N61'28'58"[ FOR FEET, TO THE SOUTHERLY LNE OF LOT 22, BLOCK 3; THEN S27'43'21"[, ALONG THE SOUTH LNE OF SAD LOT 22, FOR FEET; THEN N89'58'43"[, CONTNUNG ALONG THE SOUTHERLY LNE OF SAD LOT 22, FOR FEET, TO THE EAST LNE OF SPRNG HOLLOW AND THE WEST LNE OF WAGNER LAND REALGNMENT; THEN S00'04'34"[, ALONG SAD LNE FOR FEET BACK TO THE PONT OF BEGNNNG. CONTANNG 0.54 ACRES MORE OR LESS. r- ::!...,----LO_T_1_ ,--.,.. o:::----- LOT 20 LOT 21 LOT 22 LOT 23 LOT "' /"""'>. 0 L() '--' w > 0:: 0 w ~ w z <(...J LOT 2 LOT 1 1'0 '...,/,, '!'---- ( BLOCK 3 Gtt N : :5... l() 5!2! N ""~~ : 1- N~~~ g 1-"'2' r-. O<rJo ~ J ~ J:... :ro'<..- t 0':0 0 a. ', _j_[ -8..._ 0 L() 1- a::: ::J 0 () 0...J <( a::: w ~ w <(tg ~~ no:::~~,. Uo -... N<!:~~ ~ L_~,t;;~.--\.... ~-== o..--;i!:~ _jo ::.:g, +1 ~8 1'0 N89'58' 43"E LOT 20 ~ U LOT 21 0 _j m 6~ w ~!'.,; z ~ t;j (_') "' <( (/)~ ~ ~. oco ~~ iii -:;: ~0 coo oz ;:5~ 5~.--~ Q~ ~~ ;:5~ O:.c K N THURSTON D 1/f:LOP ~ g CORPOATON, 1015/194..., -' LOT 22 il8~ o~"'r- 1 anuin ' 1 0 1(./) -f>:. ~ ~ LOT 2JB ~ ±0.42 AC~S K N THURSTON 'i l.op COR_POATON. S/ 194 f z w 2 z (_') _j <( w 0::: 0 z <( _j 0::: w z (_') <( 3: ~ N ~FOUND #4., ~ 52.11' "'1 _,_-----, t«ei 1 LECENJ.., ',' N87'35'f6"W ~~~-~~~N D- -.. :;~.~: ~~-~~~-R.c:_Ao_ ~ j LAND UN LOTl J grebar, CAP p SH /4 R 8AR, A~~~TS _.. _.. _.. _ CAP CT2 L0T1 :J _,LT2 D APPROVAL BY THE CTY PLANNNG COMMSSON THS S TO CERTFY THAT THS PLAT HAS BEEN NSPECTE:o APPROVED BY THE PLANNNG J 20 COMMSSON, OR TS DESGN[[, OF THE CTY OF CARLSBAD, COUNTY OF EDDY, STATE OF -- - '\ 'i 1 J 1 NEW MEXCO ON rv 7.., 11 / /'\ ',,,,~ ~' i '.'.., THS..!izL DAY OF JULY, 20i., z_,.d;i.~ COMMSSON DESGN NOTES AND OBSERVA T/ONS: 1. WA TER, SEWER, AND ElECTRC ARE N THE STREET AT THE FRONT OF THE PROPERTY. 2. THE SDEWALKS ARE N GOOD REPAR AROUND THE SUBJECT PROPERTY. 3. THE ROADS HAVE CURB AND GUTTER, AND THERE S ASPHALT N THE ROADWAYS. 4. BULDNG SETBACKS ARE AS PER CTY OF CARLSBAD PUD REQUREMEN TS: FRONT- 20 FEET 5. THE SUBJECT PROPERTY LES N THE CTY LMTS OF CARLSBAD. BASS OF BEARNGS AND DSTANCES: 1. BEARNGS SHOWN HEREON SPRNG HOLLOW UNT 2 PHASE 1 PLAT FLED N CABNET 6, SLDE AREAS AND DSTANCES ARE SURFACE MEASUREMENTS. THE DSTANCES ARE MEASURED N THE US SURVEY FOOT AND DSTANCES ARE SURFACE DSTANCES. 3. ALL MEASUREMENTS WERE MADE ON MAY 16, 2016., MELVN R. PYF:A TT, JR., A NEW MEXCO REGSTERED PROFESSONAL SURVEYOR, CERTFY THAT AM RESPONSBLE FOR THS SURVEY, AND THAT THS SURVEY S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELEF. THS SURVEY AND PLAT MEET THE MNMUM STANDARDS FOR SURV!:"NG N NEW MEXCO. j}1.j_. f'~a l "'~'\~\ ~. - ~.~. ;"/ ~ ' r? '..' :..}'..... r\ ' 7, -~.-: ': -' "';~,. :_ ~ EN THURSTON. DEVELOPMENT CORPORATON ~ : (, t: X::::. EN THURSTON, PRESDENT OF KEN THURSTON:: /.." 0'> r \ DEVELOPMENT CORPORATON -;.,. '- '-' ' O~ ERHTATE~ENT AND AFFDAVT ",.,,;~-'t7> :..._,,' STATE OF u ;, e,x a!!n : r,, ~1 tl\1/-\.'..>,,, SS 1 '' t\,,,. ~,&no \ 1 ' ' COUNTY OF c 1\o : THE ABOVE SGNED BENG FRST DULY SWORN ON OATH, STATE: AS THE OWNERS AND PROPRETORS WE HAVE OF OUR OWN FREE WLL AND CONSENT CAUSED THS PLAT WTH TS LOTS TO BE PLATTED. TH E PROPERTY DESCRBED ON THS PLAT LES WTHN THE PLATTNG JURSDCTON OF: C\1'( Of Cf\RLS8AD. SUBSCRBED, SWORN TO AND ACKNOWLEDGED BEFORE ME THS~ DAY OF '3'u. ~ 20~ BY: ~'?~&1it;6,,tMJ~,\'~~ ~ ~fb Oi'ARY.~.. ~ et>mma5s,o,1 ~ CK-D5.').();;J> R&R SURVEYNC LLC A LAND SURVEYNG COMPANY NDEXNG NFO. FOR CO. CLERK MELVN R. PYEATT, JR., 423 W. GREENE ST. SUTE 1, CARLSBAD, N.M., 88220, CERTFCATE NO , TEL , FAX ~ SEC. 25 T21S R26E N.M.P.M. STATE OF NEW MEXCO, COUNTY OF EDDY, HER BY SUBDMSON: CERTFY THAT THS NSTRUMENT WAS FLED FOR RECORD ON SPRNG HOLLOW UNT 2 PHASE 1 REPLA T 1 THS DAY OF 20 A.D. OWNER: KEN THURSTON DEVELOPMENT CORPORATON AT O'CLOCK _.M. CTY: CARLSBAD COUNTY: EDDY CABNET SLD STATE: NEW MEXCO ROBN VAN NA TTA- COUN-T-:-Y-C-LE:-:R~K DATE: MAY 17, 2016 ACCESS: YES BY. DEPUTY AREA: ±0.54 ACRES 86

87 RAYMOND BLANTON 87 TRACTS AMENDED REPLAT,. CHUCKWAGON ROAD (ECR 804) NO WAGON LOT 8 Doran. Cooper, LOT 9 Angelo Williams, 828/ 11_75 #4 ACRES LOT 10 LOT 11 LOT 12 Jose D. &: Gino R. Osorio, 952/0046 Sharon K. Harris, Patrick D. &: Rhonda Yeager K/S Lyle D. &: Karen F. M!itman. 731/ /743 LOT 15 LOT 14 LOT 13 Wenda/ R. &: Becky A. Manley, 571/0083 Jimmy Fuson K/S Luis &: Gladys Varela, 992/370 LOT 4 Keith D. &: Tonno L. Reo, 261/251 LOT 7 Lorrine Fronco Nojero, 277/368, FENCE UES ON THE SUBJECT PROPERTY. FROM 2.23' AT 1.85' AT EAST UNE LOT 11, AND NOTED AT THE OTHER LOT 6 John D. &: Pamela A. Adkins, 627/ 258 LECEN.D 1- ~ ~ TRACT A LOT 5 Joe E. &: Linda M. Chumley, 640/0012 (z9.33 ACRES FREE OF ROAD) , < ().->..; Q) V\fUPNJ g LOT 4 13 n w Jeri Lynn Bums, 465/ 140 ~ ~b ~~ (/) + Raymond A. Blanton, 191/1042 ~~ ~~~~=t-ffi-0~ :;:;:- (3 i:9.37 ACRES "'wz ::::i LOT 5 CORNER FOUND AS N07ED SET 14 REBAR, CAP 2D251 < () - REFERENCE MONUMENT SET ( /) SECTON CORNER > ' MEASURED DSTANCE (R RECORDED DSTANCE - aq) ~ (/) ---o---<>--- GAS UN ""'0:::" :::: ::: ::: ::: :::: DRT ROAD LAND LN (._) ~ ~~ ~~~~-~r ~~ "'5o ~ '< \!! z u..., ~g~ LOT 3 Gran vi/ W. &: Jennifer Lewis, ~ ~«: "'. ::J ~ 9~ 699/11J4 CAP g~~ BEGNNNG AT THE SOUTHEAST CORNER OF CALLED TRACT 1, A PONT THAT LES N00"47'28"W FEET FROM THE SOUTHEAST CORNER OF SAD SECTON 7; THEN S89"21'08"W, ALONG THE NORTHERLY BOUNDARY LNE OF SHOWN TRACT 2, FOR M= FEET (Rec= FEET); THEN N00"51'1 O"W, CONTNUNG ALONG SAD NORTHERLY BOUNDARY, FOR M= FEET (Rec= FEET) ; THEN S89"38'35''W, CONTNUNG ALONG SAD NORTHERLY BOUNDARY, FOR M= FEET (Rec= FEET), TO THE EAST LNE OF WAGONWHEEL ACRES UNT No.4 SUBDVSON; THEN N00"48'21"W, ALONG SAD EAST LNE, FOR M= FEET (Rec= FEET) TO THE SOUTH LNE OF WAGONWHEEL ACRES UNT No.4 SUBDVSON; THEN N89"36'18"E, ALONG SAD SOUTH LNE, FOR M= FEET (Rec= FEET); THEN N88"22'18"E, CONTNUNG ALONG SAD SOUTH LNE, FOR M= FEET (Rec= FEET), TO THE EAST OF SAD SECTON 7; THEN S00'47'28"E, ALONG SAD EAST LNE, FOR M= FEET (Rec= FEET) TO THE PONT OF BEGNNNG. CONTANNG ACRES, MORE OR LESS, AND S SUBJECT TO ALL PERTANNG EASEMENTS. ~ _,..., FENCE UN >~ :r: A SURVEY OF TRACT 1 OF THERA YMOND BLANTON TRACTS AMENDED PLAT (CAB 3 SLDE 219-2, EDDY COUNTY RECORDS), WHCH LAND LlES N SESE OF SECTON 7, TOWNSHP 23 SOUR, RANGE 27 EAST, N.M.P.M., EDDY COUNTY, NEW MEXCO, WHCH PLAT S CREATNG TRACT A AND TRACT B, WHCH TRACTS HAVE A PERMETER DESCRPTON AS FOLLOWS: > R~A~ -Lu Cl::: " '( 75D5 OLD CA VCRN HGHWAY CARLSBAD, N.M., Cl::: Q. OWNERS STATEMENT AND AffiDAVT STA7E OF (._) CH OPERA Tllllt-:.---1 COMPANY GAS LN ~ e:~ a -.J TRACT B LOT 6 (:1:12.50 ACRES FREE OF ROAD) Brady M. Smith, 850/ 1218 : ;. ss county OF THE ABOVE: SGNED BD FRST DULy SWORN ON OATH, STA 7E: AS THE OWNERS AND PROPRETORS HA V OF OUR OWN FR WLL AND CONSENT CAUSED THS PLAT WTH TS TRACTS TO BE PLA T7ED. THE PROPERTY DESCRBED ON THS PLAT U S WTHN THE PLA mng JURSDCTON OF: 0 i:/3.02 ACRES LOT 2 bdl Ec~ c1~ Raymond A. Blon ton, 191/1042 LOT 1 Scale 1" = 100' THE RAYMOND BLANTON TRACTS AMENDED (CAB 3 SUD MRE!;) Raymond Morin, 962/448 TRACT 2 Justin de Johanna Rankin, OFFCAL SEAL 627/ Rachel Pyeatt NOTES AND OBSERVATONS: 1. WATER AND ELECTRC ARE N OLD CAVERN HWY AT THE FRONT OF THE PROPERTY. THE SEWER S SEPTC TANK. 2. NO SDEWALKS ARE AROUND THE SUBJECT PROPERTY. 3. THE ROADS DO NOT HA V CURB AND GUTTER, THERE S ASPHALT N THE ROADWAYS. 5. LOTS SZES ARE: TRACT A-±9.37 ACRES TRACT B-±13.02 ACRES 6. THE SUBJECT PROPERTY LES N FLOOD PLANE x, 'M-ERE AREAS ARE DETERMNED TO UE OUTSDE THE 0.20% CHANCE ANNUAL FLOODPLAN, ACCORDNG TO THE FRM 35015C325 D, WTH AN EFFECTVE: DATE OF JUNE 4, BASS OF BEARNGS AND DSTANCES: 1. BEARNGS SHOWN HEREON ARE REFERENCED TO THE NORTH AMERCAN NEW APPROVAL BY THE CTY PLANNNG COMMSSON THS S TO CERTFY THAT THS PLAT HAS BEEN NSPECTED APPROVED BY THE: PLANNNG COMMSSON, OR TS DESGNEE:. OF THE CTY OF CARLSBAD, COUNTY OF EDDY, STATE OF NEW MEXCO ON. r:;. t~ 7 L4JL THS 4. THE SUBJECT PROPERTY UES OUTSDE THE CTY LMTS OF CARLSBAD. NOTARY PUBLC /5 i!j DAy OF :r::~y STATE OF NEWMEXCO My Commission THS PLAT S EXEMPT FROM THE STATE SUBDVSON ACT, AND THE: COUNTY SUBDVSON ORDNANCE, UNDER M(J) DEFNTONS (EFFECTVE 201J); THE SALE: OR CONVEYANCE OF A SNGLE PARCEL FROM A TRACT WTHN A 5 YEAR PEROD (NOT A PRE:VOUSL Y APPROVED SUBDVSON)., MELVN R. PYEATT, JR., A NEW MEXCO REGSTERED PROFESSONAL SURVCYOR, CERTFY THAT AM RESPONSBLE FOR THS SURVCY. AND THAT THS SURVCY S TRUE AND CORRECT TO THE BEST OF MY KNOittEDGE AND BEU F. THS SURVCY AND PLAT MEET THE MNMUM STANDARDS FOR SURVCYNG N NEW MEXCO. 20 MELVN R. PYEATT, JR., 423 W. GREEN ST. SU17E 1, CARLSBAD, N.M., 8822D, C RTFCA 7E NO. 2D251, 7EL , FAX ENTTLEMENT EXEMPTON FLED ON TH DAY OF ~ 20_A.D. DAWM OF 1983 (NAD 83), NEW MEXCO EAST ZONE (NM ZONE 3001). N BOOK PAGE OF THE (ECR). THS DAY 2. THE COMBNED FACTOR FOR THS SURVEY S D AREAS AND DSTANCES ARE SURFACE MEASUREMENTS. THE DSTANCES ARE MEASURED N THE US SURVCY FOOT AND DSTANCES ARE SURFACE DSTANCES. AT O'CLOCK APPROVED AND ACCEPTED BY THE EDDY COUNTY BOARD OF COMMSSONERS OR AGENT THS DAY OF OF ~ 2D ii.d. ~M. CABNET SLD ~ ROBN VAN NA TTA-COUNTY CLERK 20~ 4. ALL MEASUREMENTS ter MADE ON JUNE 24, B Y : , -, = ATTEST: -----===-==,----commr CU: BY 87 DEPUTY