Planning & Zoning

October 10, 2013  A G E N D A Planning & Zoning Commission October 10, 2013, at 3:00 p.m. Item Page 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the August 15, 2013 P&Z Meeting 25 4 Petition No. ZC 13-09 –a request from Masada House, represented by Karen Chenault, 1 for a zone change from the SF-7 Single-family Residential District to the MF-L Multifamily Low Density District and for a Special Use Permit for a Group Care Facility for property located at 2107 Schofield Lane. 5 Petition No. SUP 13-10 –a request from Evers & Sons, Inc., represented by John 9 Stewart, for a special use permit for a light manufacturing use and outside storage for property located at 130 Airport Drive. 6 Petition No. SUP 13-11 – a request from Derrick Rangel, for a special use permit for 17 residential use of a property in the Central Business District for property located at 115 N. Wall Avenue. 7 Business from: Floor: Chairman: Members: Staff: 8 Adjournment The recommendation of the Planning and Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, October 22, 2013. ATTENTION PERSONS WITH DISABILITIES: The meeting room and facilities are fully accessible to persons with mobility disabilities. If you plan to attend a meeting and need an auxiliary aid or service, please contact the City Clerk's office at 599-1101 or 599-1106, prior to the meeting so arrangements can be made. 1 2 3 4 5 6 7 8 9 10  1 in : 62.59 ft 130 Airport Drive 11 12 13 14 15 16  COMMUNITY DEVELOPMENT PETITION REPORT PETITION REPORT Special Use Permit Petition SUP 13-11 – Single Family Residence in the CB Central Business District A. STAFF REPORT, October 10, 2013 PROJECT INFORMATION Applicant Derrick Rangel Representative Derrick Rangel Date of Application 9-12-2013 Requested Action Approval of Special Use Permit to allow the single family use of a residence in the CB Central Business District Location 115 N. Wall Avenue Existing Land Use Unoccupied Single Family Home Existing Zoning CB Central Business District Surrounding Zoning & North:. CB Central Business District Zoning & undeveloped use. Land Use South: CB District & commercial office use. East: GC General Commercial & Commercial office use West: CB District & public parking use Notice Publication of Notice for public hearings of the Planning and Zoning Commission and also the City Council appeared in the Daily Times on Sunday, September 22, 2013. Property owners within 100 feet were sent notice by certified mail on Wednesday September 18, 2013, and a sign was posted on Friday, September 27, 2013. Staff Planner Sam Montoia, Associate Planner STAFF ANALYSIS Project Description The petitioner requests a special use permit to allow single family residential use at 115 North Wall Avenue in the CB Central Business District. This property is on the first block north of Main Street in the Metropolitan Redevelopment Area (MRA). In 1982, Petition ZC 729 amended the zoning from GC General Commercial (C-2) to CB Central Business (C-3). The petitioner purchased the property in September 2013 as a single family residence in the CB District. This property had been in foreclosure and unoccupied for the last few years, and during this time lost its nonconforming status as a single family residence in the CB district. The petitioner has a mortgage contingent on securing this special use permit for single family residential use. The property owner has stated that he intends to live in the house after securing a special use permit and performing any necessary improvements. He has met with Building Inspection Division staff to review the applicable building codes and standards that will need to be met. 17 The City of Farmington Unified Development Code (UDC) sets forth in Table 2.3 that a special use permit is required for residential use in the CB district. Section 9.7.1 allows for special use permits to eliminate nonconformities as allowed by the Use Table in section 2.3. This table allows single family use with a special use permit in the CB Central Business District. San Juan County records indicate that the structure was constructed in 1953. The property was granted a variance for residential use in 1992. This allowed the property to revert to a non- conforming residential use Metropolitan Redevelopment Area Board: This petition was presented for comments to the Metropolitan Redevelopment Area (MRA) Board on September 19, 2013. Comments from the board included ensuring the applicant understood that the surrounding uses are commercial. Members of the board wished to inform the applicant of the possibility of issues related to residential use in the CB district. The commission did not voice opposition to the petition. Unified Development Code UDC Section 8.9.4 of the UDC sets the criteria for approval of a special use permit. These criteria are designed to fit a broad scope of potential special uses and therefore some may be less applicable than others. A. Effect on environment. The location, size, design, and operation characteristics of the proposed use shall not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, nor be substantially or permanently injurious to neighboring property. Analysis: This petition is not expected to produce outcomes that undermine the health safety or welfare of the surrounding neighborhood, or its occupants. Allowing the use of the existing structure as a residence will not be permanently nor substantially, injurious to neighboring property. B. Compatible with surrounding area. The proposed site plan, circulation plan, and schematic architectural designs shall be harmonious with the character of the surrounding area with relationship to scale, height, landscaping and screening, and density. Analysis: The proposed use of 115 N. Wall is for a residence. Currently the building is a residence and has historically been a residence. The existing properties in this area are zoned for commercial use. Existing buildings in the neighborhood were formerly residential properties which have been converted into commercial use. Aside from the presence of signage locating the businesses, the buildings are residential in character and or aesthetic. C. External impacts minimized. The proposed use shall not have negative impacts on existing uses in the area and in the city through the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard, or other injurious or noxious impact. The applicant shall provide adequate mitigation responses to these impacts. Analysis: Residential use is less intense relative to commercial use. Therefore the 18  proposed use should have fewer impacts on the neighborhood. D. Infrastructure impacts minimized. The proposed use shall not have negative impacts on existing uses in the area and in the city through impacts on public infrastructure such as roads, parking facilities and water and sewer systems, and on public services such as police and fire protection and solid waste collection, and the ability of existing infrastructure and services to provide services adequately. Public infrastructure exists at this location and the proposed use will have almost no noticeable impact in this area, particularly when compared to commercial use. E. Consistent with UDC and comprehensive plan. The proposed use will be consistent with the purposes of this UDC, the comprehensive plan, and any other statutes, ordinances or policies that may be applicable, and will support rather than interfere with the uses otherwise permitted in the zone in which it is located. Analysis: City of Farmington Comprehensive Plan: The Farmington Comprehensive Plan sets forth a general vision for commercial use at this location. The Future Land Use Map (Figure 4.2 of the plan) delineates the area along Main Streent, north to Arrington for commercial use. In Chapter 13, the Comprehensive Plan identifies that “few people live downtown.” It states: “changes to the zoning ordinance to allow more diverse residential uses and rezoning of vacant land to residential uses are ways the City can encourage redevelopment.” The comprehensive plan also details a Main Street Shopping Park between Auburn and Wall. It encourages second story residential development to attract more residents downtown. 115 N. Wall is in a transition zone between Downtown and the Civic Center Neighborhood. In the Civic Center neighborhood the plan calls for the preservation and redevelopment of existing housing. Metropolitan Redevelopment Area Plan: The MRA plan is a 2009 update and expansion to elements of the Comprehensive Plan about Downtown and the Civic Center Neighborhoods. The MRA plan shows existing uses for the property as residential among the commercial properties in Downtown. F. Parcel size. The proposed use may be required to have additional land area, in excess of the minimum lot area otherwise required by the underlying zoning district, as necessary to ensure adequate mitigation of impacts on surrounding land uses and the zoning district. Analysis: The property is adequate for the proposed use. No additional structures are proposed. G. Site plan. The proposed use shall be required to comply with the site plan review procedures and standards of section 8.5 of the UDC, site plan review, as specified. Analysis: This petition proposes no changes to the site. 19 ISSUES Building Inspection: Leo Hardie • A certificate of occupancy will be required in converting a commercial building into a single-family residence. A building permit is required for a remodel. STAFF CONCLUSION Staff concludes that approval of SUP 13-11 is appropriate. The UDC allows for a special use permit for residential use in the CB Central Business district. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition SUP 13-11, a request from Derrick Rangel, for a special use permit for single family residential use of property located at 115 North Wall Avenue in the CB Central Business District 20 21  MU RPO GC ARRINGTON 132 - 122 - 22 115 - GC CBD 116 - 113 - WALL 111 - Parcels 110 - 1 inch = 40 feet ¯  COMMENT SUMMARY SUP 13-11 – 115 N. WALL AVENUE Deadline: September 24, 2013 City of Farmington Departments CD Director – Mary L. Holton Comments are incorporated in the staff memo. CD Addressing – Planning Division No Comments If approved, a certificate of occupancy will be required in converting a commercial building into CD Chief Building Inspector – Leo Hardie a single-family residence. A building permit is required for a remodel. Please have the petitioner contact Leo Hardie at 505-599-1305. CD MPO - Joe Delmagori No MPO comments CD Oil & Gas Inspector No Comments City Manager’s Office – Bob Campbell No objections ELEC Customer Care Manager – Nicki Parks No Comments ELEC Engineering - Luwil Aligarbes No Conflict ELEC T & D - Steve Henson No Response Fire Department criteria will be met through the FIRE Fire Marshall – Bob Popa Building Inspection process. LEGAL Deputy City Attorney – Jennifer Breakell No Comments POLICE Code Compliance No Response The Police Department sees no adverse impact to POLICE Captain McPheeters Police Operations or to Public Safety by the proposed SUP. PRCA Roger Drayer No Response PW Engineering- Virginia King No Response PW Engineering – Nica Westerling No Response PW Streets Superintendent - Jim Couch No Response PW Traffic Engineering Admin – Steve Krest No Issues PW Water/Wastewater Admin – Ruben Salcido No comments Other Entities CH2MHILL OMI No Response Comcast Cable - Mark Johnson No Response New Mexico Gas Company - Ryan Holden No Comment NMGCo Enterprise Field Services No Response Farmington School District No Response CenturyLink – Laurence Joe No Response U.S. Post Office No Response Williams Field Services - Lloyd Bell No Response 23 24  M I N U T E S PLANNING AND ZONING COMMISSION August 15, 2013 The Planning and Zoning Commission met in a regular session on August 15, 2013 at 3:00 p.m., in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. P&Z Members Present: Vice-Chair: Joyce Cardon Commissioners: Rory Jaques Kristin Langenfeld Cheryl Ragsdale Amy Ziesmer P&Z Members Absent: Chairman: Dennis Ivie Commissioners: Bruce Buchanan Clint Freeman Paul Thompson Daniel Arnold (Alt) Del Washburn (Alt) Staff Present: Fran Fillerup Cynthia Lopez Mary Holton Sam Montoia Dee Dee Moore Others Present: Dwight Jacobson Call to Order The meeting was called to order at 3:00 p.m. by Vice-Chair Cardon and there being a quorum present the following proceedings were duly had and taken. Presentation of the Agenda Senior Planner Cynthia Lopez stated there were no changes to the agenda. Approval of the Minutes A motion was made by Commissioner Ragsdale and seconded by Commissioner Ziesmer to approve the minutes of the August 15, 2013 P&Z Meeting. This motion was approved unanimously by a 5-0 vote. Swearing in of Witnesses All parties that wished to speak on behalf of an agenda item were sworn in by Dee Dee Moore. 25  COMMUNITY DEVELOPMENT PETITION REPORT ZC 13-08 – MF-L to GC 1001 N. Farmington Avenue Planning and Zoning Commission Discussion of ZC 13-08 on August 15, 2013 Associate Planner Fran Fillerup presented the staff report for a zone change for property location at 1001 N. Farmington Avenue. This property is currently zoned as MF-L Multifamily Low Density District as is the property directly to the west. The properties to the north, south and east are all zoned GC General Commercial District. The Comprehensive Plan shows that commercial use is appropriate for this location. The petitioner mentioned in his application that this property has been used as commercial for many years and there is a commercial building on the property now. Staff recommends approval. Commissioner Jaques asked about the difference between the FCC and the UDC. Mr. Fillerup stated that the FCC is the Farmington City Code and that the UDC is the Unified Development Code, which is now a part of the FCC. Mr. Dwight Jacobson of 1209 E. 35th Street stated that this property was represented to him as zoned C-2 General Commercial in 1999 when it was purchased. However, when he listed this property for sale, it was identified as MF-L Multifamily Low Density. Vice- Chair Cardon asked if he had read staff’s description of the zoning history in the report. Mr. Jacobson stated that he had read it and understands staff’s findings. Planning and Zoning Commission Action of ZC 13-08 on August 15, 2013 A motion was made by Commissioner Langenfeld, seconded by Commissioner Ziesmer to approve Petition ZC 13-08, a request from Dwight Jacobson for a zone change from MF-L Multifamily Low Density District to the GC General Commercial District for property located at 1001 N. Farmington Avenue AYE: Vice-Chair Cardon, Commissioners Jaques, Langenfeld, Ragsdale, and Ziesmer NAY: None ABSTAINED: None ABSENT: Chairman Ivie, Commissioners Buchanan, Freeman, Thompson, Arnold (Alt) and Washburn (Alt) Motion passed 5-0 Business from the Floor: There was no business from the floor. Business from the Vice-Chair: There was no business from the Vice-Chair. Business from Members: There was no business from the Members. 26 Business from Staff: Ms. Lopez stated the four petitions forwarded to City Council were approved. The petitions for Brady Trucking and for CenturyLink were approved on the City Council consent agenda. The petition for the crematorium at the animal shelter was approved after a brief discussion. The petition for horsekeeping was discussed and modified to remain in effect until “Sophie” passes, and that no other horse would be kept after that occurs. Ms. Lopez reminded the commissioners about the October 2-5, 2013 New Mexico State Planning Conference. She reiterated that the Board & Commissioner’s training on Friday afternoon is free to all Planning Commissioners. She stated that if the Commissioners were interested in attending the conference and/or the commissioner training that they should contact staff and staff will handle the registrations. Adjournment With no further business the Planning and Zoning Commission meeting of August 15, 2013 was adjourned at 3:13 p.m. __________________________ ____________________________ Joyce Cardon Dee Dee Moore Vice-Chair Office Manager 27