Planning & Zoning

A G E N D A City of Farmington Planning and Zoning Commission November 14, 2013  A G E N D A Planning & Zoning Commission November 14, 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 October 24, 2013 P&Z Meeting 37 4 Petition No. ZC 13-10 – a request from Kimberly Garner for a zone change from 1 the SF-10 Single-family Residential District to the MF-M Multifamily Medium Density District for property located southeast of Murray and Dustin, south of Dollar General in the City of Farmington. 5 Petition No. SUP 13-12 – a request from Jacob Arenas, for a special use permit 11 for a body art establishment at property in the Central Business District for property located at 101 S. Orchard Avenue. 6 Petition No. SUP 13-13 - a request from William Cillessen, for a special use 21 permit for outside storage at property in the GC General Commercial District on property on the southwest corner of Cortland Drive and Malta Avenue for property located at the southwest corner of Cortland Drive & Malta Avenue. 7 Petition No. PP 13-02 – Little Creek PH 3, a request from Joe Kozimor for a 29 preliminary plan for Little Creek Subdivision, Phase III, a Class 1, 10-lot subdivision of approximately 2.24 acres located along Little Rabbit Drive and Soaring Eagle Drive, north of Phase I. 8 Discussion of possible amendments to the P&Z Policies and Procedures 9 Business from: Floor: Chairman: Members: Staff: 10 Adjournment The recommendation of the Planning and Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, December 10, 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.  COMMUNITY DEVELOPMENT PETITION REPORT PETITION REPORT Petition ZC 13-10 Zone Change from SF-10 to MF-M A. STAFF REPORT, October 24, 2013 PROJECT INFORMATION Applicant Kimberly W. Garner Representative Kimberly W. Garner Date of Application September 24, 2013 Zone change from the SF-10 Single-family Residential District to Requested Action the MF-M Multi-family Low Density District. Location Southeast of Murray and Dustin, south of Dollar General Existing Land Use Residential Existing Zoning SF-10 Single-family Residential North: GC General Commercial/Retail Surrounding Zoning East: SF-7 Single-family Residential/Mobile Home Park & West: SF-10 Single-family Residential/ Residential Land Use South: Unincorporated Notice Publication of Notice for public hearings of the Planning and Zoning Commission appeared in the Daily Times on Wednesday, October 9, 2013. Property owners within 100 feet were sent notice by certified mail on Wednesday, October 9, 2013 and a sign was posted on Friday, October 11, 2013. Staff Planner Cynthia Lopez, Senior Planner STAFF ANALYSIS Project Description The petitioner is proposing a zone change from the SF-10 Single-family Residential District to the MF-M Multifamily Medium Density District to construct an apartment complex on a 9.65 acre parcel of vacant land located southeast of Murray and Dustin, south of the Dollar General. The south property line is also the City Boundary. Bluffview Elementary School is to the west of the property and a mobile home park is on the east side. The Unified Development Code Section 2.8.1, Residential Districts Density and Dimensional Schedule, for Multiple-family Medium Density requires a 2,000 square feet minimum lot area per dwelling unit. This requirement would allow a maximum of 210 dwelling units. Section 5.2.3, Minimum Off-Street Parking Requirements, requires 1.5 parking spaces per each efficiency and one-bedroom apartment, 1.75 parking spaces per each 2-bedroom apartment, and 2.0 parking spaces per each 3-bedroom and larger apartment. The petitioner has stated that the apartments will look similar to the apartments on Cannery Court east of American Furniture and the Presbyterian Medical Services. Multiple-family Medium Density has a maximum height requirement of 45 feet. The project will be a mix of efficiency, one-bedroom, 2-bedroom, and 3-bedroom apartments. The proposed project will be constructed in three (3) phases. Two-story apartment buildings will be built on the east and west ends of the property with the possibility of three-story 1  buildings on the north and in the central areas of the site. A one-story building will be constructed on the south side that will accommodate an office, clubhouse, weight room, laundry facility and additional common space. The apartments will be constructed around a central courtyard that will have xeriscaped landscaping, a playground, pavilion, picnic tables and community garden. The property will be a smoke fee environment. Parking will be on the exterior edges along the boundary line. Farmington Comprehensive Plan The Farmington Comprehensive Plan, 2020 Future Land Use Plan, shows the north 2/3 of this property as Light Industrial and the south 1/3 as Residential Single Family Urban (less than 20,000 sq. acre lot). Objective 7.1 of the Comp Plan states “Provide for a variety of housing options, including traditional subdivision and mixed use developments, to accommodate housing needs of all residents in Farmington including the elderly, disabled, students, and low income residents.” The proposed site would be better utilized for multiple-family rather than as light industrial. Apartments would provide a much needed housing type in Farmington. The Comp Plan also states “It is desirable that well-built, safe, and accessible housing in a variety of styles be available in the City for all Types of households.” ISSUES Police Department – Captain McPheeters – 599-1552 • The Police Department supports the requested petition and sees no adverse impact to Police Operations or to Public Safety by the proposed petition. However, the petitioner will need to address access, ingress, egress, number of occupants, parking, etc. Traffic Engineering Administration – Steve Krest – 599-8201 • A Traffic Impact Analysis will be required for this development. Engineering– Nica Westerling – 599-1316 • Needs to connect to Camino Rio or do a TIA which negates the need for secondary access addressing both the existing subdivision and school needs and the proposed use, traffic, irrigation ditch piping for the crossing. • Additional ROW for S. Dustin may be needed. • Storm Water crosses in the lot in several locations and will need to be addressed prior to issuance of a building permit. Water/Wastewater Administration – Ruben Salcido – 599-1284 • There’s and existing 8” and 6” watermain fronting near the northern and western boundaries of the property. • There’s an existing 8” sewermain fronting the northern half within the alleyway of the property. This sewermain extends south along eastern side of the property within a utility easement. • Should S. Dustin be extended further south, the 8” watermain and possibly the 8” sewermain shall also be required to be extended at the developer’s expense. • Our records show an existing irrigation ditch running through the property and another along the S. Dustin western side of the property. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition ZC 13-10, a request from Kimberly Garner for a zone change from the SF-10 Single-family Residential district to the MF-M Multi-family Medium Density district for property located south of Murray Drive and east of South Dustin, south of the Dollar General store. 2 3 4 5 6 7 8 9 10  COMMUNITY DEVELOPMENT PETITION REPORT Petition Report Special Use Permit for a Body Art Establishment Petition SUP 13-12 – Jake’s Tattoo and Flash A. STAFF REPORT, November 14, 2013 PROJECT INFORMATION Applicant Jacob Arenas Representative Jacob Arenas Date of Application 10/14/2013 Requested Action Special Use Permit for Body Art Establishment Location 101 S. Orchard, Second Floor Existing Land Use Commercial Existing Zoning CB Central Business District North: CB Central Business District / Commercial Surrounding Zoning South: CB Central Business District / Commercial & East: CB Central Business District / Commercial Land Use West: CB Central Business District / Commercial Publication of Notice for public hearings of the Planning and Zoning Commission appeared in the Daily-Times on Sunday Notice October 27, 2013. Property owners within 100 feet were sent notice by certified mail on Wednesday, October 23, 2013 and a sign was posted on Friday, November 1, 2013. Staff Planner Sam Montoia, Associate Planner STAFF ANALYSIS Project Description The petitioner requests a special use permit to operate a body art establishment on the second floor at 101 S. Orchard Avenue. The petitioner is currently the owner and operator of Jake’s Tattoo and Flash; currently located at 2501 E. 20th Street Suite 22. The petitioner has obtained a lease for the second story of the building at the southwest corner of Orchard Avenue and Main Street. In 2008, the City Council passed Ordinance 2008-1206, Body Art Safe Practices, creating Section 8-15 of the Farmington City Code (FCC). According to this section, a body art establishment must obtain a City business license, New Mexico state licensure under the New Mexico Body Art Safe Practices Act, pass state inspections and operate only at its permanent location. The operator of the body art establishment shall not administer body art on any one under the age of 18. The operator is required to obtain proof of age by government-issued photo identification and a second form of government-issued identification. Further, no one under 18 years old shall be admitted to the body art establishment. 11  According to Section 8-15-3 of Farmington City Code, no body art establishment shall be located within 300 feet of a school, church or residence unless waived by the City Council. The section also sets forth penalties for violation of the ordinance. The petitioner plans to operate from the hours of 9:00 am to 7:00 pm Tuesday through Saturday. ISSUES Police Administration: Keith McPheeters – 599-1552 • The hours of operation are acceptable. The police department recommends approval. Planning Division: Sam Montoia – 599-1333 • According to Table 2.3 of the City of Farmington Unified Development Code, a body art establishment in the CB Central Business District requires a special use permit. • According to Section 8-15-3 of FCC, no body art establishment shall be located within 300 feet of a school, church or residence unless waived by the City Council. This distance is measured from the closest boundary line of the property on which the body art establishment is to be located to the closest boundary line of the prohibiting area. Please see the attached map showing the area under consideration. • The petitioner plans to use an existing sign bracket extending from the corner of the building into the ROW. This will require an encroachment permit. • The Christian Science Reading Room is located at 120 West Main Street and is approximately 150 feet from the petitioner’s proposed body art establishment. • At least one residence is within 300 feet of this property. • No schools are within 300 feet of the proposed body art establishment. STAFF CONCLUSION Staff concludes that approval of SUP 13-12 is appropriate. A waiver to 8-15-3 restricting a body art establishment located within 300 feet of a school, church or residence is also appropriate as such a waiver must be granted to allow the business to be established at this location. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition SUP 13-12, a request from Jacob Arenas for a special use permit to operate a body art establishment located at 101 S. Orchard Avenue on the second floor in the CB Central Business District with a waiver to the distance of the body art establishment to any church, school, or residence. 12  115 - 113 - Christian Science Reading Room 105 - 111 120- West Main 111 - 109 - 108 - 106 - C 106 - B 202 208 110 - 116 - 122 - 124 - 126 - 218 - 204 - 126 - 124 - 112 - 108 - - -A 7 104 - MAIN 101 S. Orchard ALLEN CBD 115 101 201 - 219 - 217 - 209 - 203 - 125 - 121 - 111 - 101 - 111 - 119 - 13 213 - 117 -- 1 101--1/2 7 205 101 - ORCHARD 104 105 - 109 - 112 - 100 - 120 - 200 - 100 - 214 - 202 - COMMERCIAL BROADWAY 219 - 215 - 213 - 119 - 115 - 113 - 109 - 101 - 205 - Parcels 123 - 203 - 207 - C 101 - 300' Buffer of 101 S. Orchard 119 - ¯ 7 Apartment 14 15 16 17  COMMENT SUMMARY – SUP13-12 101 S. ORCHARD – BODY ART ESTABLISHMENT Deadline: October 22, 2013 City of Farmington Departments CD Director – Mary L. Holton Comments are incorporated in the staff memo. CD Addressing – Planning Division No Comments CD Chief Building Inspector – Leo Hardie No Comments 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 Comment ELEC Engineering - Luwil Aligarbes No Comment 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 Comment POLICE Code Compliance No Response The Police Department has no opinion as to the merits of this petition. There appears to be no known adverse impact to Police Operations or to public safety. POLICE Captain McPheeters The Police Department cannot make final opinions without knowledge of hours of operations for the proposed establishment and recommends the proposed establishment maintain hours of operation consistent with similarly situated businesses in the area. PRCA Roger Drayer No Comments from PRCA. 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 Response PW Water/Wastewater Admin – Ruben Salcido No Comment Other Entities CH2MHILL OMI No Response Comcast Cable - Mark Johnson No Response New Mexico Gas Company – Paul Ramer No Comment 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 18 19 20  COMMUNITY DEVELOPMENT PETITION REPORT Petition Report Petition SUP 13-13 – Outside Storage Lot 1 Block 3 Watson Commercial Subdivision (Southwest corner of Cortland Drive and Malta Avenue) A. Staff Report, November 14, 2013 PROJECT INFORMATION Applicant William Cillessen Representative William Cillessen Date of Application October 17, 2013 Requested Action Special Use Permit for Outside Storage Location Southwest corner of Cortland Drive and Malta Avenue Existing Land Use Oil Related Business with Light Manufacturing Undeveloped Parcel adjacent to Commercial/Light Industrial Existing Zoning Businesses Surrounding Zoning & North, South, & West: GC General Land Use Commercial/Commecial East: IND Industrial/Industrial Notice Publication of Notice for a public hearing of the City Council appeared in the Daily Times on Sunday, October 27, 2013. Property owners within 100 feet were sent notice by certified mail on Wednesday, October 23, 2013 and a sign was posted on Friday, November 1, 2013. Staff Planner Cynthia Lopez, Senior Planner STAFF ANALYSIS Project Description The petitioner is requesting a special use permit for outside storage for equipment on an undeveloped lot (Lot 1 Block 3) in the Watson Commercial Subdivision in GC General Commercial District. The lot is adjacent to several properties owned by the petitioner on the block. One of Mr. Cillessen’s tenants would like to store equipment on Lot 1. The tenants occupy a building on the same block as the storage yard. The property is fenced with opaque fencing and blocks the view of the stored materials from the street. A secured gate will provide access to the property. Two other properties on the block have been approved for special use permits for outside storage. The property of this petition is across the street (Malta Ave.) from an IND Industrial District that allows outside storage as a permitted use. Several other properties in the area have outside storage and have had the storage since the 1980’s. 21 This area of the City has business types that have the need for outside storage as part of the way they conduct business. ISSUES Police Department: Captain McPheeters • The Police Department has no opinion as to the merits of this petition. There is insufficient information in the petition by which to render an informed opinion as to the impact of Police Operations or to Public Safety: types of material or objects to be stored outside, security of the stored objects, nature and type of fencing if any, etc… Community Development: Cynthia Lopez • Section 2.4.54 of the Unified Development Code requires that the outside storage shall be screened in accordance with section 5.5.7; the site shall be kept in an orderly manner, free of litter and debris; shall be related to a nonresidential use allowed in such district, and located on premises or in close proximity to and directly-related to the principal business premises; and are properly watched or otherwise secured against theft, vandalism, damage, or loss.. STAFF CONCLUSION Staff concludes that the special use permit for outside storage is appropriate in this location and because the property is already fenced with opaque fencing the storage materials will not be visible from the street or other properties in the area. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition SUP 13- 13, a request from William Cillessen for a special use permit for outside storage in the GC General Commercial District located on Lot 1 Block 3 of the Watson Commercial Subdivision. 22 23 24 25 26 27 28  COMMUNITY DEVELOPMENT PETITION REPORT Staff Report Preliminary Plan for Little Creek Subdivision, Phase III Petition No. PP 13-02 A. STAFF REPORT, November 14, 2013 PROJECT INFORMATION Applicant Joe Kozimor Representative George Walters, Cheney-Walters-Echols, Inc. Date of Application October 3, 2013 Requested Action Preliminary Plan approval Location 2.24 acres north of Little Creek Subdivision, Phase I. The subdivision is an extension of Little Rabbit Drive and Soaring Eagle Drive. Existing Land Use Vacant Existing Zoning Presently unincorporated San Juan County (Tier 2 of City’s 5-mile Planning and Platting Jurisdiction). Current annexation petition, ANX 13-03, proposes SF-7 Single-family Residential District. Surrounding Zoning North: Unincorporated – Vacant & Land Use South: SF-7 Single-family Residential District – Residential East: Unincorporated – Vacant West: Unincorporated – Vacant Subdivision Class Class 1 Notice Notice is not required for preliminary plans. Staff Planner Fran Fillerup, Associate Planner SUBDIVISION INFORMATION Number of Lots 10 lots. Acres of Land 2.24 acres. Minimum Lot Size 7,703 square feet. Water: Per City standards. Utilities Sewer: Per City standards Electric: Per Electrical Engineering Lots in the subdivision have access to the south by Little Rabbit Drive Access & Circulation and Soaring Eagle Drive. Street Lights Per City standards Street Signs Per City standards Fire Hydrants Per City standards Drainage Per City standards Recreation Per City standards 29 GENERAL INFORMATION The petitioner is requesting preliminary plan approval of a Class 1, 10-lot subdivision of approximately 2.24 acres located along Little Rabbit Drive and Soaring Eagle Drive north of Little Creek Subdivision, Phase I. The property is presently unincorporated San Juan County, but an annexation petition has been submitted by the petitioner for this subdivision and the land is proposed to be in the SF-7 Single-family Residential District. As of the date of this staff report, the annexation could be approved by Council on December 10, 2013 which is the same day on which this preliminary plan could be approved by Council. Staff’s review has considered that the area will be annexed by the time the final plat is presented for approval. ISSUES Technical and Corrective Changes: Virginia King – 599-1306 • Please provide a vicinity map. City Engineer: Nica Westerling – 599-1316 • Construction drawings have been reviewed and comments will be provided to petitioner’s engineer. • The temporary cu-de-sacs shall be constructed of 8-inches of base course. Water and Wastewater O&M Manager: Ruben Salcido – 599-1284 • There are existing 8-inch water and 8-inch sewer utilities present within Piedras Street, and within Soaring Eagle Drive and Little Rabbit Drive to extend north and west for future development. Associate Planner: Fran Fillerup – 599-1282 • The rear yard stated in plat notes could be 15 feet, pursuant to Section 2.8 of the City of Farmington Unified Development Code (UDC). This is the setback for the SF- 7 district which has been requested in the annexation for this land. Setbacks are not required to be shown on the plat. • The plat will need to be reduced to 18 inches by 24 inches for the final plat. • Addresses will be provided to the surveyor for inclusion on the final plat. STAFF CONCLUSION Staff concludes that approval of Petition PP 13-02, Little Creek Subdivision, Phase III, is appropriate. The subdivision is reviewed according to City standards. There is a concurrent annexation petition for the area of this subdivision and the area is expected to be within the City when the final plat is submitted. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition PP 13-02, a request from Joe Kozimor, represented by Robert Echols of Cheney-Walters-Echols, Inc., for the Preliminary Plan for the Little Creek Subdivision, Phase III, a 10-lot subdivision on 2.24 acres located on Little Rabbit Drive and Soaring Eagle Drive. 30  Area of Little Creek Subd., Ph. III (2.24 ac.) Soaring Eagle Drive 31 32 33 34 35  COMMENT SUMMARY PP 13-02 – LITTLE CREEK SUBDIVISION, PHASE III Deadline: November 4, 2013 City of Farmington Departments CD Director – Mary L. Holton Comments are incorporated in the staff memo. CD Addressing – Planning Division No Comments CD Chief Building Inspector – Leo Hardie No Comments 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 Response 10’-wide utility easement is provided by this plat. ELEC Engineering - Luwil Aligarbes Everything looks good, Luwil 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 Response POLICE Code Compliance No Response POLICE Captain McPheeters No Response PRCA Roger Drayer No comments from PRCA PW Engineering- Virginia King No vicinity map (email rec’d 11/7/13 @ 9:10am) PW Engineering – Nica Westerling Construction drawings have been reviewed and comments will be provided to petitioner’s engineer. The temporary cul-de-sacs shall be constructed of 8-inches of base course. PW Streets Superintendent - Jim Couch No Response PW Traffic Engineering Admin – Steve Krest No Response There are existing 8” water and 8” sewer utilities present within Piedras, Soaring Eagle Dr and Little PW Water/Wastewater Admin – Ruben Salcido Rabbit Dr to extend north and west for future development. Other Entities CH2MHILL OMI No Response Comcast Cable - Mark Johnson No Response New Mexico Gas Company - Ryan Holden No Response 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 36  October 24, 2013 P&Z Draft Minutes Page 1 M I N U T E S PLANNING AND ZONING COMMISSION October 24, 2013 The Planning and Zoning Commission met in a regular session on October 24, 2013 at 3:00 p.m., in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. P&Z Members Present: Vice-Chairperson: Joyce Cardon Commissioners: Clint Freeman Kristin Langenfeld Cheryl Ragsdale Paul Thompson Amy Ziesmer Del Washburn (Alt) P&Z Members Absent: Commissioners: Rory Jaques Daniel Arnold (Alt) Staff Present: Fran Fillerup Cynthia Lopez Mary Holton Sam Montoia Dee Dee Moore Others Who Addressed the Carmen Baca Commission: Jay Burnham Karen Chenault Kim Dutremaine Rhonda Frazier Brian Gottschell Joe Kozimor Krista Lawrence Alena Ortega Juan Ortega Hector Rangel Jerry Worrell 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 that the petitioner for ZC 13-10 requested that the petition be tabled until the November 14, 2013 meeting. There were no others changes to the agenda. 37  October 24, 2013 P&Z Draft Minutes Page 2 Approval of the Minutes A motion was made by Commissioner Thompson and seconded by Commissioner Freeman to approve the minutes of the October 10, 2013 P&Z Meeting. This motion was approved unanimously by a 7-0 vote. COMMUNITY DEVELOPMENT PETITION REPORT ANX 13-03 – 59.67 acres North of W. Main and West of the City Limits Joe Kozimor/Hector Rangel Planning and Zoning Commission Discussion of ANX 13-03 on October 24, 2013 Associate Planner Fran Fillerup presented the staff report for petition to request annexation by Joe & Stan LLC, represented by Joe Kozimor for 50.48 acres located to the west of the current city limits. The report identified a total of 58.67 acres within five parcels of land; one federally owned parcel of 1.49 acres, one owned by Hector Rangel Trust of 0.9 acres, two owned by Joe Kozimor totaling 50.48 acres and the adjoining right-of-way of US 64/W. Main Street of 5.8 acres. The additional parcels were included to continue the annexation all the way along W. Main Street. Mr. Kozimor has requested zoning for these areas starting at the north end of the annexation and moving south as; SF-7 Single Family Residential (minimum 7,000 square foot lots), SF-5 Single-Family Residential (minimum 5,000 square foot lots), and IND Industrial District. The parcels owned by Hector Rangel Trust, Joe & Stan, LLC, and the Federal government are also proposed for IND district zoning. Mr. Fillerup presented a summary of the estimated costs and benefits of this annexation. This information was collected by surveying the departments within the city and requesting short-term (immediate to 5-years) and long-term (10-years and more) annual impacts to their departments. The report shows that the annexation area is small enough to allow most departments to absorb the short-term increases within their current operations. Some additional supplies may be needed. In the long-term, there are more costs and may include additional staffing. The GRT and property taxes are also projected as revenue. Mr. Fillerup stated that the continuation of the development of the single family neighborhood would use the same zoning ordinances currently in place. There are qualitative annexation benefits which relate to growth of the neighborhood in a consistent, compatible way. Staff is recommending approval of ANX 13-03. Commissioner Thompson asked if this was typical for the city to annex land at a loss. Mr. Fillerup mentioned that with the majority of the zoning being residential, that it will not generate a lot of revenue but commercial will create the GRT revenue which makes the annexation more financially beneficial to the city. He added that there is the benefit of continuity, protection, and quality development to the existing and future residents in the Little Creek neighborhood. Director Holton stated that this annexation was requested initially by the developer and that the city is also working on larger annexations at this time. Commissioner Freeman asked how realistic the cost structure was. Mr. Fillerup stated that any attempt to project revenue can only be an educated attempt, because there is no way to know what type of businesses might locate to this area. Commissioner Thompson asked if the 58 acres would be used for 250 houses. Mr. Fillerup stated that the developer is planning 38  October 24, 2013 P&Z Draft Minutes Page 3 approximately 140 houses. Commissioner Thompson figured 4 people per house, but Director Holton stated that the average for the city is 2.7 persons per household. Commissioner Freeman questioned the need for ½ policeman included in the analysis. Mr. Fillerup shared that he had discussed this with the Deputy Chief. He indicated that as the area grows there will be greater needs to service the residents, and this reflects that. He also spoke with the Fire Department and other city departments, and many felt that since the increase for services would be incremental and this is quite small as far as an annexation is typically, that the needs were based on future growth. Commissioner Freeman asked about the 900 hours for animal control and how realistic that number was. Director Holton felt that she couldn’t speak for other departments, and each department’s information was provided by the department head. She pointed out that petitions have only a 60-day completion timeframe. She added that the other annexations, being initiated by the city, have a longer timeframe in which to analysis and summarize the information as they are only in the planning stages. Commissioner Freeman identified that over the 10 years it appears that the city will lose $300,000 dollars or $30,000 per year. Director Holton responded that this is the highest residential growth area currently in the city. Commissioner Freeman asked why the property along W. Main Street was identified as an IND Industrial district zone. Mr. Fillerup stated that Joe Kozimor, the petitioner, requested the IND zoning, but that the commission could considered other zoning districts for the parcels. Commissioner Freeman also asked if the parcel was zoned GC General Commercial would the business located there be out of compliance. Mr. Fillerup stated that they have outside storage. Director Holton added that any zoning designation upon annexation grants non-conforming status and that if zoned GC General Commercial, a special use permit could be requested by the owners eventually. Joe Kozimor of 503 French Drive in Aztec stated that he had read the staff report and would like to make a statement. He added that there is currently manufacturing in the area being requested to be zoned IND west of HD Supply Waterworks and that W. Main Street could be zoned Commercial. He added that it would be easier, in the future, to rezone to Commercial versus rezoning to Industrial. He clarified that the smaller residential lots to the south of Piedras Street would act as a buffer to the commercial district. Director Holton introduced Mr. Hector Rangel, another property owner of property located in the proposal. Hector Rangel of 5901 W. Main Street stated that he does not want to be included in this annexation and wants his 0.9 acres removed. Vice-Chair Cardon asked if he could explain why he did not want to be annexed into the city. Mr. Rangel stated that he would have to pay more taxes and be required to meet more regulations. Commissioner Thompson asked him why he was included in the annexation in the first place if he didn’t want to be annexed. Mr. Rangel stated that he did not know why he was included. Commissioner Ragsdale asked if he owned other property. Mr. Rangel stated that he owns a total of 21 acres and they are all outside the city limits. He added that this parcel is currently being leased to someone who had their business pushed out of the city limits. He prefers to stay in the county for monetary reasons. Commissioner Thompson asked what type of business was located on the property. Mr. Rangel stated that is it a business that sells storage buildings, they used to be at Main and Broadway but 39  October 24, 2013 P&Z Draft Minutes Page 4 because it would take 2-3 months to get permission to operate, they decided to go outside the city limits. The public hearing portion of this petition was closed. Commissioner Thompson asked staff to explain why Mr. Rangel’s property was included when he obviously did not want to be annexed into the city. If it could be removed, and would the right-of-way being annexed also change. Mr. Fillerup stated that he was included because his property is in alignment with the western boundary of Mr. Kozimor’s property and that if removed the right-of-way along US 64 would also be removed. The new line could be along the eastern portion of Mr. Rangel’s property. Vice-Chair Cardon asked where the new border would be. Mr. Fillerup stated that the revised boundary would be to the East and the North of Mr. Rangel’s property. Vice-Chair Cardon asked if the area was identified in the Comprehensive Plan for annexation. Mr. Fillerup stated that this property is not. Commissioner Freeman asked about protection for the residential areas adjacent to the Industrial zoning. Director Holton stated that people want to know what could be built near them, and without the zoning and annexation, the property would not be in the city and not under the City’s jurisdiction. The zoning was requested by Joe Kozimor and the Industrial district has greater setbacks required than a General Commercial district, and residential protections apply to all non-residential uses proposed to be located next to residential properties. Planning and Zoning Commission Action of ANX 13-03 on October 24, 2013 A motion was made by Commissioner Freeman, seconded by Commissioner Thompson to approve Petition ANX 13-03 as recommended by staff including the proposed zoning districts, but excluding the property owned by Mr. Hector Rangel, for annexation. AYE: Vice-Chair Cardon, Commissioners Freeman, Langenfeld, Ragsdale, Thompson, Ziesmer and Washburn (Alt) NAY: None ABSTAINED: None ABSENT: Commissioners Buchanan, Jaques and Arnold (Alt) Motion passed 7-0 Swearing in of Witnesses All parties that wished to speak on behalf of an agenda item were sworn in by Dee Dee Moore. COMMUNITY DEVELOPMENT PETITION REPORT ZC 13-09/SUP 13-09 2107 Schofield Lane Planning and Zoning Commission Discussion of ZC 13-09/SUP 13-09 on October 24, 2013 Senior Planner Cynthia Lopez presented the staff report a request from Masada House, represented by Karen Chenault, for a zone change and a special use permit. She asked the commission to decide first, if the zoning is appropriate and then decide if the special use permit is appropriate, these are two different actions. 40  October 24, 2013 P&Z Draft Minutes Page 5 Ms. Lopez stated that Masada House is requesting a zone change from SF-7 Single- family Residential to MF-L Multifamily Low Density District and the special use permit to allow a group care facility at 2107 Schofield Lane. This property already has a special use permit in place that would allow up to 8 adults including a caregiver in the existing residential district. The MF-L district requires that a special use permit be granted to allow a group care facility. The petitioner is requesting space for 12 adults and the facility would be used as a transitional home for substance abuse recovery. This petition was first heard at the October 10, 2013 Planning and Zoning Commissioner meeting but was postponed to allow Masada House to set up neighborhood meetings. These meetings took place on October 12, 2013 at the Masada House location at 610 N. Dustin and on October 19, 2013 at the location of 2107 Schofield Lane. Both of these meetings provided the opportunity for the neighborhood to tour the facilities and to speak with the residents at the N. Dustin location. Information about the program was available during these meetings. A copy of the reports for the neighborhood meetings was provided as well as addition copies of emails and letters received prior to the agenda being published. Ms. Lopez handed out a letter that was received in the afternoon of Wednesday, October 23rd and also a letter received in the morning of Thursday, October 24th. Commissioner Freeman asked if there was a zone change for the existing Masada House location on N. Dustin. Ms. Lopez stated that because there were only 8 live-in residents it was allowed through a special use permit. Commissioner Langenfeld asked about the feel of the neighborhood to which Ms. Lopez explained that to the east is the Farmington Library, to the west is the church, to the south the property is zoned multi- family and along 20th Street it is commercial. To the north and northwest is residential and Schofield Lane dead-ends at the north into the Drake property, she added that she thought there were 10-12 homes. Commissioner Langenfeld also stated that at the last meeting there were concerns about enough on-site parking and that at least 7 spaces would be required. Ms. Lopez stated that there is sufficient off-street parking. Ms. Lopez stated that she received a report from the Police Department and was advised that no calls were directed to the 610 N. Dustin address since Masada House has been there. She also stated that she contacted the Girl Scout Organization in Albuquerque and was told that there are no distance restrictions in place to limit troop meetings for this type of use. Karen Chenault, Program Director for Masada House, agreed with staff’s recommendations. She expressed that the community is in need of this type of facility and that the program is a tried and true model. They do not accept people who do not want to be there. No one is forced to live at Masada House. She stated that she sees the issue as not that the neighborhood doesn’t want the facility in their backyard, it is all about fear. She added that these men want to get back to work and that going back to their families may not be the answer. The best way to recovery is in a peer environment. She stated that the program has an open door policy to community members and that this is a great opportunity to make a difference in the community. She said the fencing and lighting for this property were discussed at the open house meeting. Commissioner Thompson asked about whether Masada House was planning to fence the property on Schofield. Ms. Chenault stated that it can be fenced and part of the $70,000 from the CDBG Grant can be used to improve this property. Commissioner Langenfeld asked how critical the number 12 was in the program. Ms. Chenault stated 41  October 24, 2013 P&Z Draft Minutes Page 6 that she believed that the previous women’s shelter housed about 20 people. She said that 2 of the rooms will be for group services and teaching space. Two reasons that 12 is a better number is; 1) the additional money and, 2) the group dynamics which would include more people at different stages of recovery. Commissioner Freeman asked if there had been any consideration of making it the women’s home. Ms. Chenault stated that they are looking at that possibility. Commissioner Freeman asked if you had space for 12 women would you be able to fill the additional space, and what feeds the population of the house. Ms. Chenault stated that the residents are referred mostly from local agencies. Some of these agencies are SWI, Access, Cottonwood Clinic, Drug and Treatment Court, Four Winds and A PATH Home. The clients have already completed treatment and are ready for the next step. Commissioner Freeman asked if they had any referrals from outside the area. Ms. Chenault stated they had one referral from Albuquerque and when the client completed the program she stayed here in Farmington. Krista Lawrence of 801 Crestview is on the Board of Directors for Masada House. She stated that she has worked with clients through the drug court and when the treatment phase is complete, where are they going to go, back to the same environment where they got into trouble? This program holds the individual responsible to meet the rules. It provides interaction with others who are going through the same things. These individuals need to have access to public transportation, jobs, schooling and education which is available at this location. Ms. Lawrence stated that Masada House provides a safe place for individuals after treatment. Kim Dutremaine of 511 E. 20th Street is the CEO of Cottonwood Clinic on 20th Street. She identified who “these people” are. They are professionals, firemen, judges, doctors, nurses, they are all of us. She stated that sometimes people need a transitional home and the success rate is greater in a group setting. She added that in her experience women have more issues than men. She added that there could be alcoholic or drug addicts living next door to any of us. She closed by saying that this service is greatly needed in this community. There were no others who wished to speak in favor of the petition. Rhonda Frazier of 2101 Schofield Lane who lives next door and to the south of the subject property stated firstly, she would like to thank the city employee who called the Girl Scout office as she is no longer a leader and her troop will be disbanded. She also stated that she spoke with a drug addict and that person would choose going to this type of place rather than living on the street and stay clean if he had a place to live. She felt that the city was going to go ahead with allowing Masada House to be at this place irregardless of what the neighborhood wanted. To clarify a previous answer regarding how many homes were on the street, she said there were 18 on the west side before it dead ends. If faced with this facility, she stated she would prefer men over the women. Commissioner Thompson asked if she attended any of the community meetings and what was her impression of the Dustin facility. Ms. Frazier stated the property was cleaned up, the employees are nice and a couple of the women were nice too. She felt that the property value of the facility might go up but the overall area values would decline. She said the facility is needed, but not at this location. Commissioner Freeman asked her if she knew of another location. She stated that there are some old empty hotels on Airport Drive that might be a better location. Commissioner Ragsdale asked if Ms. Frazier’s property was zoned MF-L, Ms. Frazier said it was, but she didn’t know that before this petition began. She said she would give up her MF-L zoning to keep this facility from going in next door to her property. 42  October 24, 2013 P&Z Draft Minutes Page 7 Jerry Worrell, Crime Analyst for the Farmington Police Department, stated that he was asked to provide a report for incidents at 610 N. Dustin, the Masada House for women. Initially the information showed no calls, but additional research showed the list he presented at the hearing. He added that this list, about 20 calls, is for the time period of February 2011 to current. He said there are really only 3 calls that are directly related to Masada House, the others are for incidents that occurred or were dispatched to that address. He stated that the 3 calls were instigated by Masada House personnel to notify police of parole violations, such as being out past curfew. Vice-Chair Cardon asked if the records search included incidents up to 100 feet from the address. Officer Worrell stated no, only the one address and that with the system the department is currently using, that size of a search would be exhaustive. City Attorney, Jay Burnham, addressed the Commission and informed the Commission & audience that this meeting is a Quasi Judicial proceeding. He clarified that the petitioner and people who live within 100 feet of the property are considered parties to the petition and can introduce evidence and ask questions of other parties. The people outside of the 100 feet can still testify as witnesses, but they cannot cross examine other parties. Brian Gottschell of 3021 Crestridge Drive is the co-pastor of Grace Baptist Church. Vice-Chair Cardon identified Mr. Gottschell as a party to the petition. He stated that the church acknowledges the need for this type of service. However with 92 children attending their K-12 school they are concerned for the safety of the students. He added that a fence can provide separation and they fear any familiarity between the students and the residents will decrease the safety of the students. Mr. Gottschell advised the Commission that the church’s emergency egress/evacuation is over the fence at the southeast corner of the property and along Ms. Frazier’s driveway to Schofield Lane. He added that they are concerned about property damage and break-ins. Commissioner Thompson asked if the Grace Baptist Church discourages addicts from attending services. Mr. Gottschell stated that if the church is approached, the individual is encouraged to attend, and they help people in the community, but did not want them viewing the property or students. They could meet in the main hall which goes directly to the pastor’s offices. Commissioner Freeman asked about the trend of churches having additional programs such as this and that this tends to be the opposite in his statements. Mr. Gottschell stated that the issue isn’t the program, but to keep it separate from the students. He stated that other churches support these programs but not at their church campuses. Commissioner Ragsdale asked if the church would still have an issue if there was an eight foot tall fence on the 3 sides of the location. Mr. Gottschell stated that he is much more comfortable with that because if would avoid the familiarity and provide privacy. Commissioner Thompson asked if Pastor Gottschell was able to attend the neighborhood meetings. He stated he did not, but the senior pastor did and voiced the same understanding that the program was needed, but still had concerns for their students. Alena Ortega of 2109 Schofield Lane stated she was speaking for her father. She presented into evidence a map indicating who was for or against the petition within the 100 foot distance. She also presented a letter from the Drake Family, and a signed petition from the neighborhood. She stated that the neighborhood understands that there is a need for this type of program, but not at this location. Her parents were directly affected by the women’s shelter that was at this address, additional traffic, and people asking them for money and arguments from the residents. Ms. Ortega added 43  October 24, 2013 P&Z Draft Minutes Page 8 that this neighborhood has bonded over this petition and they have met new neighbors. Commissioner Thompson asked is she had the opportunity to attend one of the neighborhood meetings. Ms. Ortega stated not the first one, but the one next door was attended by her sister and her father. Commissioner Thompson asked her about fencing between the properties. She stated that it would take away their views. Currently there is no fence in the front, then a short fence, and then a link fence about four feet high. Commissioner Thompson asked if a fence would make a difference to her. Ms. Ortega stated that it would not. She closed by saying that this neighborhood has tried this type of facility before and that it didn’t work then, so they shouldn’t have to do it again. Vice-Chair Cardon identified Ms. Ortega as a party to this petition. Carmen Baca of 2503 Schofield spoke for Mr. Chavez who also approached the lectern, of 2003 Schofield who owns the vacant lot two properties to the south. She read a letter from Mr. Chavez that stated he was opposed to this petition. This letter was presented into evidence. Ms. Baca stated Mr. Chavez’s concerns about people asking for handouts and disturbing the neighbors. Commissioner Thompson asked if she had the opportunity to attend one of the neighborhood meetings. Ms. Baca stated that they both attended the meeting on Schofield Lane and added they are not against the program, just the location. Vice-Chair Cardon identified Mr. Chavez as a party to this petition. Officer Worrell provided additional information that City Ordinance prohibits the residency of sex offenders at this location. Ms. Chenault readdressed the Commission and stated that they work closely with the Police Department, if residents are not complying with the rules. None of the calls presented in the report of Officer Worrell were for disturbances and Masada House holds the residents accountable for their actions. She also confirmed that their program does not accept sex offenders. Pastor Gottschell stated that it is good for people to get back involved in a church and just because they are recovering is no reason to keep them from church. Some churches actually pick up the clients and take them to church. He added that Faith is a big component in recovering. Ms. Lawrence stated that her work with probation clients has shown that if people are using they do not want to be around people who are clean. She added that Masada House calls the police if they come back to the home under the influence. Ms. Ortega added that when the women’s shelter was at this location they had to call the police twice. She also stated that she does not think the church is against the program, that they are trying to protect the kids. Unlike the last home where the women and children did not ask to be there, these men took drugs by choice and she didn’t think it was fair to make the neighbors suffer for the recovering residents’ choices. Ms. Dutremaine added that her experience shows that domestic violence offenders are the most aggressive and they are screened from Masada House. She stated she would rather have next door neighbors that were clean and sober in a program, than to have a neighbor that is doing some type of criminal activity. Juan Ortega of 2109 Schofield stated that he understands that a facility is needed but not in his backyard. He stated that his wife pushed to get the house next door for the women’s shelter and worked with alcoholics too. They can be unpredictable and change 44  October 24, 2013 P&Z Draft Minutes Page 9 for a while but go back to drinking. He stated that his property line is 38 inches from the facility. He closed by saying that he admires Masada House for helping their clients, but some just don’t want help. Yes to the need for the program, no for this location. Vice- Chair Cardon stated that Mr. Ortega was a party to this petition. Pastor Gottschell added that addiction leads to crime and recovering addicts are not regularly using. He added that the church would welcome anyone to the services and would even provide bible service at the program location. The church allows them access to any help they can give them, but they would not be allowed to interact with the children. He believes that there is a need to maintain privacy to reduce familiarity. At this time there were no others wishing to speak to the Commission. At this time the public discussion was closed. Commissioner Langenfeld began the discussion by sharing her concerns regarding the zone change proposal. She felt that by changing the zoning of the property to MF-L that it was moving that zoning closer to the single-family neighborhood. She added that there is commercial already along 20th street and that she tends to think of the transition already in place with the MF-L zoning on Ms. Frazier’s property. The implication is in the terms of things allowed by right, most allowed uses in MF-L usually have to do with residential uses but a group care facility could go in there and she is not convinced that is good. Commissioner Freeman mentioned a wall around the 3 sides, north, west and south of the property. Commissioner Thompson stated that from the testimony today, the main concern for the church is interaction between the residents and the children. He stated that he didn’t know why the clients would hang out in the back yard and watch the kids, and that 99 percent of the time the kids were supervised and not allowed to run around. The church felt a 5 foot chain link fence did not work because you could see through it or climb over it. Commissioner Thompson stated that the pastor suggested the 8 foot fence, and Commissioner Freeman thought it should wrap around the side near the Ortega’s property and the church school property too. Commissioner Thompson felt that to the south there is only a 1 foot step which is no barrier and the pastor also stated that was their emergency escape plan exit. He said that a fence from the north east corner of the house west to the rear property line, south to Ms. Frazier’s property and east to the front yard setback should be considered. Commissioner Freeman asked if the fence should be shorter in height on the sides. Commissioners Ragsdale and Thompson felt it should be the same 8 feet in height all the way around. Vice-Chair Cardon added that adding a wall between Ms. Ortega’s property would add privacy to both parties and even if her view were impacted any property owner could still have a fence installed. Commissioner Ziesmer asked if a six foot fence was allowed. Ms. Lopez clarified that a six foot fence is allowed in a residential district but an eight foot fence must be engineered for safety reasons. Commissioner Washburn asked if the side fences could be eight feet tall. Ms. Lopez stated that they would have to begin behind the required front yard setbacks and then yes, they could be eight feet in height. Ms. Lopez advised that the Commission can make separate motions if they had different conditions. The zone change can be approved or denied, and then a special use permit can be approved or denied with conditions. Or, they can both be denied or approved in one motion. 45  October 24, 2013 P&Z Draft Minutes Page 10 Planning and Zoning Commission Action of ZC 13-09/SUP 13-09 on October 24, 2013 A motion was made by Commissioner Thompson to approved ZC 13-09 and SUP 13-09 as recommended by staff, adding the condition that an opaque fence, eight feet in height be installed from the front-yard setbacks and surrounding the property on the north, west and south property lines, the motion was seconded by Commissioner Freeman. This is a request from Masada House, represented by Karen Chenault, 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. Commissioner Ziesmer proposed to amend the special use permit potion to include a 1- year time frame to allow Masada House to establish the facility and gauge neighborhood interaction. Commissioner Thompson felt that installing a fence was a pretty big expense for a one year commitment. Ms. Chenault commented that they are looking at a 6-8 month timeframe to just complete the construction and almost a year to get the program going. She added that she wants this process to be transparent and that she would not want to lose the CDG funding that has already been secured. She added that any of the neighbors are welcomed to get involved. Commissioner Freeman asked if a temporary special use permit was required for the Dustin location. Ms. Chenault stated it was not. Commissioner Washburn stated that he felt the time limit was not reasonable and was against adding the condition because it would be a waste of money if the special use permit renewal was denied. The amendment to the motion failed for a lack of second. The original motion stood. The Commissioners were polled by voice vote and the motion passed. AYE: Vice-Chair Cardon, Commissioners Freeman, Ragsdale, Thompson and Washburn (Alt) NAY: Commissioners Langenfeld and Ziesmer ABSTAINED: None ABSENT: Commissioners Buchanan, Jaques and Arnold (Alt) Motion passed 5-2 COMMUNITY DEVELOPMENT PETITION REPORT ZC 13-10 – SF-10 to MF-M South of Murray on the East Side of Dustin There was no discussion on this petition. As noted, this petition was postponed until November 21, 2013 per the petitioner’s letter. Election of Officers: Vice-Chair Cardon asked the Commissioner’s how the 3:00 p.m. meeting time was working for everyone. They all agreed they liked it better than the previous 2:00 p.m. time. There was a call for nominations for Chairperson. The question was asked if it was just for the remainder of 2013 or could include all of 2014 too. Director Holton stated that the Commission could make that determination. Commissioner Thompson asked if the 46  October 24, 2013 P&Z Draft Minutes Page 11 Mayor had appointed a new commissioner. Director Holton stated that she understands the Mayor is proposing a replacement for Commissioner Buchanan. Commissioner Thompson made a motion to elect Joyce Cardon as Chairperson. Commissioner Langenfeld seconded the motion and it passed by a 6-0 vote. Commissioner Freeman made a motion to elect Paul Thompson as Vice-Chair. Commissioner Ragsdale seconded the motion and it passed by a 6-0 vote. Commissioner Freeman made a motion that the nominations made today remain in effect through the end of 2014. Commissioner Ragsdale seconded the motion and it passed by a 7-0 vote. Ms. Lopez stated that the regularly scheduled P&Z meeting landed on the Thanksgiving Holiday this year and also that the regularly scheduled P&Z meeting at the end of December is the day after Christmas. She stated that the Commission did have the opportunity to cancel either or both of these meeting. Chairperson Cardon opened the floor for a motion. Commissioner Ragsdale made the motion to cancel both the November 28th and the December 26th regularly scheduled Planning and Zoning Meetings. The motion was seconded by Commissioner Ziesmer and passed by a 7-0 vote. Business from the Floor: There was no business from the floor. Business from the Chairperson: Chairperson Cardon commended the commissioners for the work done at this meeting, saying that when hearts are involved it is tough to remain a judge and not to witness, great job everyone! Business from Members: There was no business from the Members. Business from Staff: Ms. Lopez informed the Commission that the two items that went to City Council on October 22, 2013 stayed on the consent agenda and were approved. She reminded the commissioners that the Policies and Procedures would be discussed at the next meeting. She asked them to look it over to see what is working and what might need improvement. Commissioner Thompson asked if there were currently any changes to be made. Ms. Lopez stated that the only change has been the revision of the new meeting time, but that change had already been updated. Adjournment With no further business the Planning and Zoning Commission meeting of October 24, 2013, Commissioner Ragsdale called for adjournment at 5:26 p.m. __________________________ ____________________________ Joyce Cardon Dee Dee Moore Chairperson Office Manager 47