Planning & Zoning

A G E N D A City of Farmington Planning and Zoning Commission December 12, 2013  A G E N D A Planning & Zoning Commission December 12, 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 November 14, 2013 P&Z Meeting 11 4 Petition No. ZC 13-11 – a request from Tommy Ray King for a zone change from 1 the RE-1 Residential Estates District to the SF-10 Single-Family Residential District for 7.5 acres located east of the extension of North Dustin Avenue and north of Saguaro Trail. 5 Business from: Floor: Chairman: Members: Staff: 6 Adjournment The recommendation of the Planning and Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, January 14, 2014. 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 Staff Report Zone Change from RE-1 District to SF-10 District Petition ZC 13-11 – Zone Change for 7.5 acres east of the alignment of North Dustin Avenue and north of Saguaro Trail A. STAFF REPORT, December 12, 2013 PROJECT INFORMATION Applicant Tommy Ray King Representative None Date of Application November 14, 2013 Zone change from the RE-1 Residential Estate District to the SF- Requested Action 10 Single-family Residential District. 7.5 acres east of the alignment of North Dustin Avenue and Location approximately 300 feet north of Saguaro Trail. Existing Land Use Vacant land Existing Zoning RE-1 Residential Estate District North: RE-1 Residential Estate District / Vacant South: RE-1 Residential Estate District / Senior Living Center Surrounding Zoning and Single-family residential & East: RE-1 Residential Estate District / Vacant Land Use West: PD Planned Development District/ Piñon Hills Community Church Notice Publication of Notice for public hearings of the Planning and Zoning Commission appeared in the Daily Times on Sunday, November 24, 2013. Property owners within 100 feet were sent notice by certified mail on Wednesday, November 20, 2013 and a sign was posted on Friday, November 22, 2013. Staff Planner Fran Fillerup, Associate Planner STAFF ANALYSIS Project Description The petitioner is requesting a zone change from the RE-1 Residential Estate District to the SF-10 Single-family District for 7.5 acres of vacant land. The property is east of the alignment of North Dustin Avenue and approximately 300 feet north of Saguaro Trail. The petitioner has stated that the purpose of the zone change is to develop single-family residential properties. SF-10 district zoning would allow lots to be 10,000 square feet or greater in size. The petitioner has discussed with staff a preliminary drawing showing a cul-de-sac running east/west, beginning on the west at North Dustin Avenue which extends east into the property and terminates in a cul-de-sac turn around. With SF-10 district zoning, the property would be expected to have approximately 20 to 25 single-family residences. The preliminary drawing presented to staff has not been reviewed, is not presented for approval and is not a part of the zoning change petition, but is for discussion only. A preliminary plan application will be required for the subdivision of land and layout of lots. 1 ISSUES Water and Wastewater O&M Manager: Ruben Salcido – 599-1284 • There is an existing 8-inch water main and 8-inch sewer main along North Dustin Avenue available for connection. • Not knowing the topography of these lots, there may be water pressure issues. The existing water pressure in this area is about 65-70 psi. • These lots may be subject to both water and sewer mainline extension fees. City Engineer: Nica Westerling – 599-1306 • Patent easements are likely to exist that will change the lot layout. • The developer needs to address offsite runoff from the undeveloped areas to the north. Traffic Engineering Administrator: Steve Krest – 599-8201 • From a traffic standpoint, the development proposed by this zone change looks like it could work. Planning Division: Fran Fillerup – 599-1282 • Section 8.7.4 of the UDC sets forth issues to be considered for a zone change request. • Consistency with the Comprehensive Plan: o The 2020 Future Land Use Plan of the Farmington Comprehensive Plan shows the subject property as residential single-family use with lots of 20,000 square feet or greater. This would be met by the RE-20 Residential Estate District or the existing RE-1 district. A zone change from the RE-1 district to the SF-10 district is not consistent with the Comprehensive Plan. o The area of this zone change is adjacent to but not a part of the Piñon Hills Boulevard Corridor Plan (PHBCP). The area to the south adjacent to the subject property is shown as residential single-family use with lots of less than 20,000 square feet. • Compatibility of the proposed zoning and land uses with the present zoning and conforming uses of nearby property and the character of the neighborhood: o To the south of the subject property is Cedar Ridge Inn, a senior living facility. To the south and east are single-family residences on 2.5 acres or greater which take access on Saguaro Trail. To the west is the planned development for Piñon Hills Community Church, which includes over 100,000 square feet of facilities for worship services, a youth ministry, a day care, administrative offices, 71 senior residences, 100 independent living units, and a restaurant site. To the north is vacant land. o A zone change from the RE-1 district to the SF-10 district is compatible with the more intensive land uses to the south and west. The existing uses to the south and east are also single-family residential, though they are less dense than that proposed by the petitioner. A zone change from the RE-1 district to the SF-10 district conforms to the character of the more intense commercial uses to the south and west, but is a different character of residential development than presently exists to the south and east. • Creation of adverse impacts and the ability to mitigate these impacts: o During review of a preliminary plan of the proposed development, the petitioner will be required to resolve the access from the existing street network to the proposed development and the access across the subject property to adjoining properties. This will clarify if there are any impacts related to traffic on adjoining neighbors. However, regardless of the configuration of streets, the 20 to 25 residences would not trigger the need for a traffic impact analysis. A zone 2  change to the SF-10 district would allow a more intense use of the property, but would still be a single-family residential use and is not anticipated to create any adverse impacts which would not be expected by any development of the property. • The ability of the proposed use to be accomplished by the proposed zoning district: o The petitioner has met with staff and indicated that the purpose of the zone change would be to develop single-family residential lots of 10,000 square feet or greater. Table 2.3, permitted uses, of the UDC indicates that single-family residential development is permitted in the SF-10 district. • The suitability of the land for the proposed development: o In order to develop a subdivision as the petitioner has proposed, North Dustin Avenue would need to be extended to the end of the property. The alignment of North Dustin Avenue is on the east 60 feet of the property belonging to Piñon Hills Community Church to the west. The church is to construct North Dustin Avenue to its north property line as part of the completion of Phase I of its planned development (Petition PD 08-01). At this time, the right-of-way for the street has not been dedicated. o In addition to the need to secure and construct access to the subject property, the petitioner needs to ensure access to adjoining properties. The layout of streets and resolution of access will be required during the review of the preliminary plan for the proposed development. o Due to the length of the property, the cul-de-sac which the petitioner proposes running east/west in the center of the property would create a cul-de-sac which may exceed the 600-foot maximum length allowed by Section 6.4.7 F. of the UDC. o No other issues regarding the suitability of the subject property for development have been identified. • The existence of or the applicant’s ability and willingness to provide adequate public facilities: o The petitioner is responsible to provide all the necessary public facilities for the development and to resolve the need for constructed access to the subject property. This will be required to be resolved as part of the preliminary plan. • Whether the proposed zoning constitutes a spot zone as defined in Article 11 of the UDC: o In Article 11 of the UDC, spot zoning is “where a particular tract within a larger area is specifically zoned so as to impose upon it restrictions not imposed upon the surrounding lands, or grant to it special privileges not granted generally, not done in pursuance of the Comprehensive Plan.” The subject zone change is not consistent with the land use identified by the Comprehensive Plan. However, the subject zone change does not grant the property special privileges in terms of the density of development than that already granted to uses adjoining on the south and west. In this regard, the subject zone change does not constitute a spot zone. STAFF CONCLUSION Staff concludes that approval of ZC 13-11 is appropriate. As set forth in the UDC, the development standards for the Residential Estate Districts, including the existing zoning RE-1, do not require curb, gutter and sidewalk and allow for larger lot sizes. The Single-family Residential Districts, including the proposed SF-10 zoning, is required to have curb gutter and sidewalk and allows smaller lot sizes. The Comprehensive Plan shows the area of this zone 3 change as being appropriate for lots of one half-acre or larger. The subject zone change is not necessarily incompatible with the land uses to the south and east, but is more intense. There are more intense residential and non-residential uses to the south and west, and sewer exists nearby within the right-of-way of North Dustin Avenue and makes the higher density single-family use appropriate. The petitioner still needs to resolve issues relating to access for the subject property, and from the subject property to adjoining properties. The preliminary drawing presented to staff has not been reviewed, is not presented for approval and is not a part of the zoning change petition, but is for discussion only. A preliminary plan application will be required for the subdivision of land and layout of lots. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition ZC 13-11, a request from Tommy Ray King for a zone change from the RE-1 Residential Estate District to the SF-10 Single-family Residential District for 7.5 acres east of the alignment of North Dustin Avenue and north of Saguaro Trail. 4 N. Dustin Ave. 5  325728.57 Sq. Feet 7.4777 Acres 6 DUSTIN AVENUE  325728.57 Sq. Feet 7.4777 Acres 7 DUSTIN AVENUE  COMMENT SUMMARY ZC13-11 – RE-1 TO SF-10 Deadline: November 21, 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 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 Comment POLICE Code Compliance No Response POLICE Captain McPheeters No Response PRCA Roger Drayer No comment 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 Looks like it could work • There’s an existing 8” Water and 8” Sewer- main along N. Dustin available for connection. • Not knowing the topo of these lots, there PW Water/Wastewater Admin – Ruben Salcido may be water pressure issues. The existing water pressure in this area is about 65-70 psi. • These lots may be subject to both water and sewer mainline extension fees. 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 8 9 10  M I N U T E S PLANNING AND ZONING COMMISSION November 14, 2013 The Planning and Zoning Commission met in a regular session on November 14, 2013 at 3:00 p.m., in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. P&Z Members Present: Chair: Joyce Cardon Commissioners: Shay Davis Clint Freeman Rory Jaques Cheryl Ragsdale Paul Thompson Amy Ziesmer Daniel Arnold (Alt) Del Washburn (Alt) P&Z Members Absent: Commissioners: Kristin Langenfeld Staff Present: Fran Fillerup Cynthia Lopez Mary Holton Dee Dee Moore Others Who Addressed the Jacob Arenas Commission: William Cillessen Joe Kozimor Call to Order The meeting was called to order at 3:00 p.m. by 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 staff had received a withdrawal request from the petitioner of ZC 13-10. There were no other changes to the agenda. Approval of the Minutes A motion was made by Commissioner Freeman and seconded by Commissioner Ziesmer to approve the minutes of the October 24, 2013 P&Z Meeting. This motion was approved unanimously by a 9-0 vote. 11  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 during the Presentation of the Agenda, this petition was withdrawn per the petitioner’s email. COMMUNITY DEVELOPMENT PETITION REPORT SUP 13-12 – 101 S. Orchard Jacob Arenas Planning and Zoning Commission Discussion of SUP 13-12 on November 14, 2013 Senior Planner Cynthia Lopez presented the staff report for a special use permit for a body art establishment at property in the CB Central Business District at 101 S. Orchard. The petitioner currently has a business located in the Hutton Plaza and would like to relocate to this location. The proposed location is on the second floor and the planned hours of operation are Tuesday-Saturday 9:00 a.m. to 7:00 p.m. A waiver to the 300 foot separation distance from a church or resident will also be required, since there is a Christian Science Reading Room and at least one resident within that distance. Chair Cardon asked if the waiver was separate from the special use permit. Ms. Lopez stated that it could be included in the motion. Commissioner Thompson asked if the petitioner needed to obtain waiver letters from those locations. Ms. Lopez stated that he can get letters of support from them but that the City Council would need to grant the waivers. Commissioner Thompson asked if those establishments had been notified of this special use permit. Director Holton stated that Associate Planner Sam Montoia sent notices specifically to the Reading Room and also to the tenant(s) and property owner(s) for the residences. Swearing in of Witnesses All parties that wished to speak on behalf of any agenda item were sworn in by Dee Dee Moore. Jacob Arenas of 2501 Hutton stated that he had read the staff report and had no questions. He added that he has been in business at the current location for seven years and that during that time there have been no complaints or interactions with the law. He added that he is looking forward to relocating into the downtown area. Commissioner Thompson asked if his current location needed waivers. Mr. Arenas stated that waivers were required because of apartments and the Pentecostal Church, but he did not obtain them personally. Commissioner Jaques asked if there was another body art establishment near this location. Mr. Arenas stated he thought it was about one block away. Commissioner Freeman asked where the second floor access was. Mr. Arenas stated that there is a separate door along Orchard and not through the first floor business. Commissioner Freeman asked if there was an elevator in this building. Mr. Arenas stated there was not an elevator. 12 There was no one else who spoke either in favor or in opposition to this petition. Planning and Zoning Commission Action of SUP 13-12 on November 14, 2013 A motion was made by Commissioner Freeman, seconded by Commissioner Ziesmer to approve Petition SUP 13-12 as recommended by staff 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 including the waiver to the distance of the body art establishment to any church, school, or residence. AYE: Chair Cardon, Commissioners Davis, Freeman, Jaques, Ragsdale, Thompson, Ziesmer, Arnold (Alt) and Washburn (Alt) NAY: None ABSTAINED: None ABSENT: Commissioner Langenfeld Motion passed 9-0 COMMUNITY DEVELOPMENT PETITION REPORT SUP13-13 – Outside Storage Malta & Cortland Planning and Zoning Commission Discussion of SUP 13-13 on November 14, 2013 Senior Planner Cynthia Lopez presented the staff report for a special use permit requested by Bill Cillessen who owns the property at the southwest corner of Cortland and Malta in the GC General Commercial District. There is IND Industrial zoning across the street on Malta. This request is to allow one of the tenants to use the lot for outside storage. There is existing fencing with screening. Staff recommends approval of SUP13-13. Mr. Bill Cillessen of 21 Road 3941 stated he had read the staff report and had no questions or statements. There was no one else who spoke either in favor or in opposition to this petition. Planning and Zoning Commission Action of ZC 13-09/SUP 13-09 on November 14, 2013 A motion was made by Commissioner Thompson, seconded by Commissioner Ragsdale to approve Petition SUP 13-13 as recommended by staff a request from William Cillessen for a special use permit for outside storage for property located on Lot 1 Block 3 of the Watson Commercial Subdivision on the southwest corner of Cortland Drive and Malta Avenue. AYE: Chair Cardon, Commissioners Davis, Freeman, Jaques, Ragsdale, Thompson, Ziesmer, Arnold (Alt) and Washburn (Alt) NAY: None ABSTAINED: None ABSENT: Commissioner Langenfeld Motion passed 9-0 13  COMMUNITY DEVELOPMENT PETITION REPORT PP 13-02 Little Creek Subdivision Phase III Planning and Zoning Commission Discussion of PP 13-02 on November 14, 2013 Associate Planner Fran Fillerup presented the staff report for a preliminary plan of Little Creek Subdivision Phase III. Mr. Kozimor is proposing to build 10 lots on 2.24 acres. This area is currently within a proposed annexation with proposed zoning of SF-7 Single- family Residential District. Mr. Fillerup stated that this subdivision will extend Soaring Eagle Drive and Little Rabbit Drive to the north. Staff is recommending approval of PP 13-02. Mr. Joe Kozimor of 503 French Drive in Aztec stated that he had read staff’s report and had no questions or statements. Commissioner Thompson asked if the temporary cul- de-sacs were to allow him to extend the streets further north. Mr. Kozimor stated that the streets would be extended. He stated that Soaring Eagle Drive will eventually go north to tie into Stillwater Subdivision as shown in the master plan that staff has reviewed. There was no one else who spoke either in favor or in opposition to this petition. Planning and Zoning Commission Action of PP 13-02 on November 14, 2013 A motion was made by Commissioner Arnold, seconded by Commissioner Freeman, to approve 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, as recommended by staff. AYE: Chair Cardon, Commissioners Davis, Freeman, Jaques, Ragsdale, Thompson, Ziesmer, Arnold (Alt) and Washburn (Alt) NAY: None ABSTAINED: None ABSENT: Commissioner Langenfeld Motion passed 9-0 Discussion of the P&Z Policies and Procedures: Ms. Lopez asked if the Commissioners had any questions or concerns that they thought may need for the procedures to be revised. Commissioner Ziesmer suggested that an addition be added to mention that the Policy & Procedures should be reviewed annually. Chair Cardon felt the language could be included since the policy does not state it at this time. Commissioner Thompson felt it was a good idea, and maybe it could say “at least annually”. Commissioner Freeman thought that there should be some mechanism in place to review them, and felt it should be included. Commissioner Ziesmer stated that they should be reviewed annually as a refresher and if there is a change it could be addressed. Chair Cardon stated that she felt at least one set time should be established because in the past it had been set aside for many years. Commissioner Ziesmer made a motion to add that the P&Z Rules and Procedures be reviewed “at least annually or as 14 needed”. Commissioner Washburn seconded the motion. The motion passed by a 9-0 vote. Business from the Floor: There was no business from the floor. Business from the Chair: There was no business from the Chair Business from Members: Commissioner Arnold shared that his attendance has been affected by unforeseen family medical situations and that he should be able to attend future meeting regularly. He thanked everyone for their patience during this time. Business from Staff: Ms. Lopez informed the Commission that only one item went to City Council on November 12, 2013 and was approved on the consent agenda. She added that Masada House, ZC 13-09/SUP 13-09 was postponed until the December 10, 2013 City Council Meeting. Ms. Lopez introduced the new Commissioner, Shay Davis. He is currently employed by Jaynes Corporation and will be attending new commissioner training on Friday, November 15, 2013. Adjournment With no further business the Planning and Zoning Commission meeting of November 14, 2013, Commissioner Ragsdale called for adjournment at 5:26 p.m. __________________________ ____________________________ Joyce Cardon Dee Dee Moore Chair Office Manager 15