Planning & Zoning

January 16, 2014  A G E N D A Planning & Zoning Commission January 16, 2014, at 3:00 p.m. Item Page 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the December 12, 2013 P&Z Meeting 87 4 Petition No. ABD 13-03 – a request from Sun Holdings LLC, represented by Cliff 1 Freeman, for an abandonment of a 16 foot wide by 132 foot long alley north of their property in the CB Central Business District located at 602 W. Main Street. 5 Petition No. ZC 13-13 – a request from Matt Pennington for a zone change from the 11 IND Industrial District to the GC General Commercial District for approximately 6.5 acres located at 4001 E. Main Street. 6 Petition No. ZC 13-12 – a request from Randy & Patricia Bible for a zone change from 23 the SF-7 Single-family Residential District to the RA Rural Agricultural District for 4.68 acres located at 6855 Drinen Lane. 7 Petition No. SUP 13-14 – a request from Airgas USA, LLC, represented by Bilyn Ray, for 35 a special use permit for outside storage of an oxygen tank for property located at 2024B N. Sullivan 8 Petition No. SUP 13-15 - a request from John Morgan for a special use permit to build 59 a family care unit on property located at 5611 Wildwood Street. 9 Petition No. SP 13-37 - a request for waivers to the Subdivision Standards requiring 71 easements in the Living Water Subdivision at 601 Ashurst Drive. 10 Discussion and action regarding meeting dates that fall on holidays during 2014. 11 Report on PRCA Master Plan by Commissioner Thompson 12 Business from: Floor: Chairman: Members: Staff: 13 Adjournment The recommendation of the Planning and Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, January 28, 2014. Petition SUP 13-15 will be considered at the City Council Meeting on Tuesday, February 11, 2014, per the petitioner request. 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  602 W. Main St. 3 NORTH 602 W. Main Street 4 5 6 7 8 9 10 11 12 13 4001 E. Main Street N 14 15 16  COMMENT SUMMARY ZC13-13 IND TO GC – 4001 E. MAIN Deadline: December 17, 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 The Police Department has no opinion as to the merits of this petition. There appears to be no POLICE Captain McPheeters known adverse impacts to Police Operations or to Public Safety PRCA Roger Drayer No Comments from PRCA PW Engineering- Virginia King No Response PW Engineering – Nica Westerling No Engineering issues identified (rec’d 12-20-13 @ 10:23am) PW Streets Superintendent - Jim Couch No Response PW Traffic Engineering Admin – Steve Krest No Issues • There’s an existing 6” water-main and 8” sewer-main located behind Raindrops PW Water/Wastewater Admin – Ruben Salcido through an easement area. • There’s an existing 24” water-main fronting the property along Main St. 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 17 18 19 20 21 22  COMMUNITY DEVELOPMENT PETITION REPORT Staff Report Zone Change from SF-7 District to RA District Petition ZC 13-12 – Zone Change for 4.68 acres at 6855 Drinen Lane A. STAFF REPORT, January 16, 2014 PROJECT INFORMATION Applicant Randy and Patricia Bible Representative None Date of Application December 6, 2013 Zone change from the SF-7 Single-family Residential District to Requested Action the RA Rural Agricultural District. Location 4.68 acres at 6855 Drinen Lane. Existing Land Use Vacant land Existing Zoning SF-7 Single-family Residential District North: SF-7 Single-family Residential District / Pasture South: SF-7 Single-family Residential District / Residential and Surrounding Zoning pasture & East: Unincorporated San Juan County / Vacant Land Use West: SF-7 Single-family Residential District / Residential and pasture Notice Publication of Notice for public hearings of the Planning and Zoning Commission appeared in the Daily Times on Tuesday, December 31, 2013. Property owners within 100 feet were sent notice by certified mail on Monday, December 23, 2013 and a sign was posted on Friday, January 3, 2014. Staff Planner Fran Fillerup, Associate Planner STAFF ANALYSIS Project Description The petitioner is requesting a zone change from the SF-7 Single-family Residential District to the RA Rural Agricultural District for 4.68 acres of vacant land. The property is on the west side of Drinen Lane, approximately 1,200 feet south of East Main Street, near the City of Farmington municipal boundary. A portion of the subject property is outside the City limits. The area was annexed in 1959 and zoning appears to have been SF-7 (previously R1-B) since zoning was enacted in 1969. There is no record of a previous zoning action for the property. The petitioners have presented a plan for the property with a single-family residence, a pasture, a barn, a greenhouse and garden. The petitioners have also indicated that there have been animals on the property in the past and they plan to do so in the future, though they have not determined the species and number. ISSUES Water and Wastewater O&M Manager: Ruben Salcido – 599-1284 • There is an existing 8-inch water main fronting the property in Drinen Lane. The nearest sewer is in Pryor Lane to the west. • A septic system for the property requires approval by NM Environment Department. 23 Planning Division: Fran Fillerup – 599-1282 • The subject property was created by deed and needs to be surveyed and platted. This must be completed before a building permit can be issued. • 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 urban use with lots of less than 20,000 square feet. A zone change to the RA district is not consistent with the Future Land Use Plan of the Comprehensive Plan. The existing zoning in the SF-7 district is consistent. • 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 The property is surrounded on all sides by large lot residential properties, and by vacant and pasture land. There are some half-acre residences further north along Drinen Lane and several residential properties in and out of the City which are greater than one acre further south and east along Drinen Lane. While the zoning of the area which is inside the City has always been SF-7, the character of the neighborhood has never become that of an urban, smaller lot area. Zoning in the RA district is consistent with the character of the neighborhood and surrounding uses. • Creation of adverse impacts and the ability to mitigate these impacts: o Zoning in the RA district would allow some agricultural and animal keeping uses which may create impacts on adjoining property owners. Any uses established on the property would be subject to the operational performance standards. Animal keeping on the property is subject to Section 2.4.6 of the City of Farmington Unified Development Code, including the animal capacity for the property, and the standards of Chapter 6 of the Farmington City Code regarding animals. • The ability of the proposed use to be accomplished by the proposed zoning district: o The RA district requires a minimum lot size of one acre, and the subject property is 4.68 acres. Based upon the plan presented by the petitioners for the property, the RA district will give them the ability to build a residence and have some agricultural and animal keeping uses which would otherwise require special use permits in the SF-7 district. RA district zoning would allow the petitioners to accomplish the proposed use. • The suitability of the land for the proposed development: o The property is essentially level, with irrigation and some trees. According to the petitioners, they have returned it to pasture. The land appears to be suitable for the proposed use. In the absence of sewer fronting the property, the petitioners must obtain approval of a septic system from the New Mexico Environment Department, or find a means to connect to sewer according to City standards. • The existence of or the applicant’s ability and willingness to provide adequate public facilities: o No additional public facilities are anticipated with the development of the property as presented. If so, the petitioners are responsible for the provision of these facilities. 24  • 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 and would grant the property rights for agricultural and animal keeping uses not granted by right to other properties. In this regard, the subject zone change constitutes a spot zone. STAFF CONCLUSION Staff concludes that approval of ZC 13-12 is appropriate. While the Comprehensive Plan indicates that urban residential lots of less than 20,000 square feet are appropriate along Drinen Lane, the character of the neighborhood has not developed that way. The proposed residential use with agricultural and animal keeping uses is compatible with the surrounding properties, given that the uses comply with standards for such uses in the UDC and the Farmington City Code. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition ZC 13-12, a request from Randy and Patricia Bible for a zone change from the SF-7 Single-family Residential District to the RA Rural Agricultural District for 4.68 acres at 6855 Drinen Lane. 25 26 27 28 29 30 31 32 33 34  COMMUNITY DEVELOPMENT PETITION REPORT Staff Report Petition SUP 13-14 – Special Use Permit for Outside Storage at 2024 B North Sullivan Avenue A. STAFF REPORT, January 16, 2014 PROJECT INFORMATION Applicant Airgas USA, LLC Representative Bilyn Ray Date of Application November 13, 2013 Approval of a special use permit for outside storage of a liquid Requested Action oxygen tank. (Renewal of an SUP issued in 2004) Location 2024 B North Sullivan Avenue Existing Land Use Commercial, including existing oxygen storage tank Existing Zoning GC General Commercial District North OP Office and Professional District / Offices and Single- family residence Surrounding Zoning South: GC General Commercial District / Heating and cooling & contractor Land Use East: GC General Commercial District / Storage units West: GC General Commercial District / Dry cleaners Publication of Notice for public hearings of the Planning and Zoning Commission appeared in the Daily Times on Tuesday, Notice December 31, 2013. Property owners within 100 feet were sent notice by certified mail on Monday, December 23, 2013 and a sign was posted on Friday, January 3, 2014. Staff Planner Fran Fillerup, Associate Planner STAFF ANALYSIS Project Description The petitioner is requesting a special use permit for a bulk oxygen storage tank located at 2024 B North Sullivan Avenue. The tank is behind the Airgas business location at 1800 E. 20th Street on the corner of East 20th Street and North Sullivan Avenue. The tank has been in place since the petitioner obtained approval of a special use permit in April 2004 (Petition 2047). That petition included conditions of approval as follows: 1. Outside storage shall be limited to the bulk oxygen and its accessory equipment. 2. The screening shall be 6-feet high, pre-woven, opaque chain-link fence to be installed within 15 day of installation of the tank. 3. Deliveries of bulk oxygen shall be limited to the hours of 8:00 a.m. and 8:00 p.m. 4. The Special Use Permit shall expire five (5) years from the date of City Council approval. Oxygen is delivered in bulk by tanker and then used to fill smaller oxygen tanks for delivery to medical and industrial customers. The tank is located between two buildings and behind a screening fence and no changes to the fenced area or the operation are proposed. Staff has no record of complaints to the Code Compliance Division since the approval of the SUP 35 in 2004. The SUP expired in 2009 and was not renewed. While staff does maintain a system for tracking expirations of various approvals, this item did not come up and the expiration was brought to staff’s attention by a neighbor. ISSUES Fire Department • The existing bulk oxygen storage tank meets the requirements of the 2003 International Fire Code (IFC) Section 2703.1.1 and Chapter 40. The Fire Department has not had any responses to the location regarding the storage tank. Code Compliance Division • At 1800 East 20th Street, the last violation was on 6/6/03. This was a noise complaint from Allen Theaters, stating that noise could be heard in the theater while a film was playing. It was determined that the noise level was in compliance with the Farmington Municipal Code. There has not been any Code Compliance action taken on the property located at 2024 B North Sullivan Avenue. Planning Division • The Code Compliance of the Farmington Police Department conducted sound testing on the morning of Thursday, January 9 from 8 a.m. to 10 a.m. • Sound was measured for three different events: ambient sound, the oxygen tanker delivery truck and filling a bulk tank for a medical customer. • Sound was measured at three different locations: near the rear of the home at 2101 Schofield Lane, near the storage tank at the fence line behind the heating and cooling contractor at 1806 East 20th Street, and in the parking lot on the south side of the offices at 2110 North Sullivan Avenue. In the case of filling the bulk tank of the medical customer, the fill only lasted approximately 10 minutes and sound was only measured at the rear of the home at 2101 Schofield Lane. • The maximum sounds level for each measuring location is set forth in Section 12-5-8 of the Farmington City Code and is based on the zone district and is for the hours of 7 a.m. to 7 p.m. Results of the tests are as follows: Max Sound Delivery Med. Cust. Location per City Ambient Tanker Bulk Tank Rear of 2101 Schofield (OP zone) 60 55.9 62.7 69.1 Fence line of 1806 E 20th (GC zone) 65 65.2 74.4 NA South of 2110 N Sullivan (OP zone) 60 59.2 60.6 NA Average sound levels in dB Readings taken 1/9/14 between 8 a.m. and 10 a.m. • The delivery tanker exceeds the maximum allowable sound level at each neighboring location. According to the petitioner, the delivery tanker is scheduled to deliver oxygen two times per week, on Tuesdays and Thursdays, usually in the morning. The medical customer bulk tank measured on this occasion exceeded the maximum allowable sound levels at the first location. Special Use Permit Criteria – Section 8.9.4 of the UDC Section 8.9.4 of the City of Farmington Unified Development Code (UDC) sets forth the criteria for review of a special use permit. The section states that an SUP may be approved 36 where it is reasonably determined that there will be no significant negative impact upon residents of surrounding property or upon the public. Criteria are listed as follows: 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, not be substantially or permanently injurious to the neighboring property. The Fire Department does not consider this as hazardous material and the use is not believe to be substantially or permanently injurious to neighboring properties. Staff has no record of complaints to find that the use is a detriment to health, welfare and safety. 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. The tank is located between two buildings and is set approximately 200 feet north of 20th Street and approximately 120 feet east of North Sullivan Avenue. The tank is behind a screening fence as required by the original SUP. Access to the tank is on the north side of the tank and is from North Sullivan Avenue. 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 the impacts. Staff has no record of complaints to find that the use has created negative impacts upon existing uses in the area. Sound testing was conducted by City Code Compliance Division, with results presented above. Continued screening and a restriction on the hours of delivery and filling other bulk tanks will facilitate minimizing impacts to the area. Sound levels from the delivery tanker and filling the bulk tank for a medical customer exceed the maximum levels allowed by Farmington City Code. According to the petitioner, oxygen delivery by the tanker is often before 8 a.m. based upon the hours of operation of the tanker delivery company which delivers in other cities within the region. Delivery would need to be scheduled during permitted hours. 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. There are no negative impacts to infrastructure anticipated in relation to the proposed use. E. Consistent with the UDC and Comprehensive Plan: The proposed use will be consistent with purposes of this UDC, the Comprehensive Plan, and any other statutes, ordinances or policies that may be applicable, and will support rather then interfere with the uses otherwise permitted in the zone in which it is located. The Future Land Use Plan of the City’s Comprehensive Plan identifies the area of this request as commercial. Airgas’s business is located at 1800 East 20th Street, with this storage tank to the rear and accessed from North Sullivan Avenue. Insofar as the oxygen storage tank is part of the Airgas business at this location and the tank is used to fill individual tanks and deliver them to medical and industrial customers, the outside storage is consistent with the Comprehensive Plan. The use, together 37  with the entire Airgas business, is required to operate in accordance with the Unified Development Code (UDC) and Farmington City Code. F. Parcel size: The proposed use may be require 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. No changes are proposed to the tank and fenced area and the fenced area appears to be adequate. G. Site Plan: The proposed use shall be required to comply with the site plan review procedures and standards of Section 8.5, site plan review, as specified. No changes are proposed to the layout of the tank and fenced area and no change to the area appears to be required. STAFF CONCLUSION Staff concludes that approval of SUP 13-14 is appropriate, with conditions. The existing oxygen storage tank is a part of the Airgas business and used to fill smaller oxygen tanks for delivery to medical and industrial customers. Staff has no record of complaints about the tank since its placement in 2004. However, delivery and filling at the bulk oxygen tank have been found to exceed the maximum sound levels allowed by Farmington City Code. Limiting the hours during which it is used continues to be appropriate. As the sound levels which have been measured exceed the maximums allowed by Farmington City Code, the petitioner needs to mitigate the sounds in connection with the outside storage tank to meet the requirements of the City Code. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition SUP 13-14, a request from Airgas USA, LLC, represented by Bilyn Ray, for a special use permit for outside storage of a bulk oxygen storage tank at 2024 B North Sullivan Avenue in the GC General Commercial District, subject to conditions a. and b. as follows: a. Deliveries to fill the tank and filling from the bulk oxygen tank shall be limited to the hours of 8:00 a.m. and 8:00 p.m.; and b. That sound mitigation shall be employed during delivery to and filling from the bulk oxygen storage tank. 38 N. Sullivan Ave. E. 20th Street 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58  COMMUNITY DEVELOPMENT PETITION REPORT Special Use Permit Petition SUP 13-15 – Family Care Unit 5611 Wildwood Street A. STAFF REPORT, January 16, 2014 PROJECT INFORMATION Applicant John Morgan Representative John Morgan Date of Application December 19, 2013 Requested Action Approval of a Special Use Permit to allow a family care unit on residential property in the RE-1 Residential Estates 1 District. Location 5611 Wildwood Street Existing Land Use Single-family residential Existing Zoning RE-1 Residential Estates District Surrounding Zoning / North, South, East, West: Zoning: RE-1 Residential Estates 1 / Land Use Land use: Properties to the West and South are vacant. Properties to the North and East are single family residences. 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, January 5, 2014. Property owners within 100 feet were sent notice by certified mail on December 23, 2013, and a sign was posted on January 3, 2014. Staff Planner Sam Montoia, Associate Planner STAFF ANALYSIS Project Description The petitioner requests a special use permit to allow the construction of a family care unit attached to his residence located at 5611 Wildwood Street. The proposed addition includes an additional garage as well as the family care unit. The existing home is 3038 square feet. The proposed family care unit is 24.5 feet by 28 feet totaling 686 square feet of living space and the additional garage is 337 square feet. The petitioner proposes to add a driveway fronting the proposed garage (approximately a 24 foot by 12 foot). The petitioner’s application states the proposed family care unit will be the primary residence for his parents. The subject property is approximately 1.51 acres and meets the standards for minimum lot size in the RE-1 District. The proposed Family Care Unit will be located inside a 35-foot setback on the west side along Foothills Drive. Section 2.5.7 of the UDC requires that a special use permit be obtained for the construction of a family care unit in residential districts, and sets forth the applicable standards for their construction and use. The petitioner meets these criteria. These criteria include but are not limited to: • A maximum of one family care unit per lot is permitted. 59  • No more than 2 persons may occupy the unit, at least one person must be 55 years of age or older, or totally disabled in accordance with standards of disability established by the Social Security Administration. • Requires that at least one person living in the primary dwelling or the family care unit be the owner of the property. • Requires that attached units shall be no more than 30% of the floor of the principal dwelling with maximum of 700 square feet. • Requires that exterior modifications retain the appearance of a single family residence • Requires one additional off street parking space. • Approval period shall be up to five years and may be renewed by the Community Development Director administratively. • Requires a plan for integrating of the Family Care Unit into the existing structure within 90 days of the end of its use. The site plan and building plans were provided by the applicant at the time of the petition application. The site plan depicts property boundaries, and setbacks, and building locations. The building plans indicate that the addition will match in appearance with the existing structure. The subject property’s zoning and use match the City’s Comprehensive Plan’s Figure 4.2 2020 Future Land Use Plan which shows Residential Single Family, Low Density. The petitioner plans to install a new septic system for the proposed family care unit as shown on the site plan. The petitioner has stated that he is aware of the requirements for a new septic system and has contacted the New Mexico Environmental Department. The petitioner is unable to attend meetings the week of January 27 through January 31, including the City Council meeting of January 28, 2014 and requests that the petition be forwarded to the City Council for consideration at the regular meeting of February 11, 2014. ISSUES Planning Division: Sam Montoia • The petitioner has been advised to review his residential subdivision for the existence of covenants that may restrict accessory family care units in a single-family residential district. The petitioner has stated that he is unaware of any covenants. However, staff has discovered on the subdivision plat of High Point Phase 1 Subdivision, the ownership of petitioner’s parcel (Lot 1 Block 2) is required to maintain the median on the west end of Wildwood Street. This plat note refers to “see protective covenants for more details” and staff has asked the petitioner to provide a copy of these details through his title company or the San Juan County Clerk. Water/Wastewater: Jeff Smaka • The proposed unit seeks to add another septic tank, the New Mexico Environmental Department will require an additional permit for this system. STAFF CONCLUSION Staff concludes that approval of SUP 13-15 is appropriate. The proposed addition meets the standards of the UDC. 60 STAFF RECOMMENDATION The Community Development Department recommends approval of Petition SUP 13-15, a request from John Morgan, for a special use permit to construct a family care unit on property located at 5611 Wildwood Street in the RE-1 Residential Estates 1 District. 61 62 63 64 65 66 67 68 69 70  COMMUNITY DEVELOPMENT PETITION REPORT Staff Report Petition SP 13-37 – Living Water Subdivision Summary Plat Request for Waivers to Subdivision Standards Requiring Easements at 601 Ashurst Drive A. STAFF REPORT, January 16, 2014 PROJECT INFORMATION Applicant Craig Siegel Representative Sakura Engineering Date of Application January 7, 2014 Requested Action Waiver of easements for drainage and recreational trail. Location 601 Ashurst Drive Existing Land Use Residential Existing Zoning SF-7 & SF-10 Single-family Residential Districts North and West: SF-10 Single-family Residential District / Surrounding Zoning Residential & South and East: SF-7 Single-family Residential District / Land Use Residential; and OP Office and Professional District / Commercial Notice is not required on waiver requests for subdivision plats, Notice except on agendas. Staff Planner Fran Fillerup, Associate Planner STAFF ANALYSIS Project Description The petitioner is requesting waivers to the subdivision standards requiring easements for drainage and a future trail along the east side of the property within an arroyo. The summary plat would create two lots. The petitioner has a residence at 601 Ashurst Drive with accessory buildings on one lot, and proposes a second home on the other lot. According to Section 8.8.4 of the UDC, all subdivisions are required to comply with the development standards of Article 5 of the UDC and the subdivision standards of Article 6 of the UDC. Additionally, the subdivision must be consistent with the zoning for the property and the City’s Comprehensive Plan. As part of staff’s review of the subject subdivision, the need for a trail easement along the brook (the arroyo which extends south from Brookside Park) was identified in a letter to the applicant’s representative dated September 30, 2013. According to Section 6.4.8 E. of the UDC, accessways, bikeways, and multi-use facilities are to be dedicated and constructed as may be negotiated through the subdivision process and as may be required by the bikeway plan or other adopted plan. In the City Comprehensive Plan, the Bikeway Plan, Figure 6.6, identifies a hike and bike trail along the brook to be constructed. Also, the Parks and Recreational Facilities map, Figure 9.1, identifies a future trail at this location (near label #21). The trail easement may be located within the drainage easement. Copies of these maps are attached. 71 In addition to the trail easement, a drainage easement for the brook/arroyo was required to be dedicated as part of the plat. In the same letter of September 30, 2013, the location of the edge of the arroyo was requested to be shown on the plat as it was previously not shown. Once that was shown on a subsequent copy of the plat by the surveyor, staff requested a drainage easement in a letter dated November 7, 2013. According to Section 6.4.10 A. of the UDC, where a drainage way traverses a subdivision, a drainage easement may be required. The easements requested represent a needed connection both for drainage and for a trail between properties or easements the City already has obtained. The City owns land to the south and west of the subject property extending south to Navajo Street, then along the arroyo to Brookhaven East and West parks. To the northeast of the subject property are privately owned properties to the intersection of Auburn Avenue and Glade Road. Brookside Park extends from that intersection to the northeast. ISSUES Parks Recreation and Cultural Affairs Department • The easement requested is identified as part of the trail corridor identified in the 2002 Comprehensive Plan. The easement would preserve the land for the addition of the trail at a later date as funds are not immediately available for construction. This parcel would provide a North and South trail connection that links Farmington High School, Brookside Park to the Municipal Complex and ultimately to the west side of downtown. Currently sections are completed on the South end of the corridor that link Brookhaven East and West. The trail along the floodplain would provide dual access with the trail and access to maintenance of the corridor by Public Works for flow management. Public Works Department • The Brook Wash, a major spur of the Farmington Glade, runs through the property in question. The City needs access and the ability to clean the arroyo to insure the arroyo remains unobstructed and the flood carrying capacity is maintained. There are existing homes that could be flooded if the capacity is not maintained and or the channel becomes partially blocked. The Brook Wash runs up through Brookside Park, through the Civitan Golf Course, Civitan Park and picks up both the Butler and Dustin arroyos just south of 30th Street. The drainage area that feeds this arroyo runs all the way to Piñon Hills Boulevard. STAFF CONCLUSION Staff concludes that denial of a request for waivers for easements on SP 13-37 is appropriate. The required easements are consistent with the subdivision standards of the City of Farmington Unified Development Code and with the City’s Comprehensive Plan. The easements will allow for maintenance of the arroyo, facilitate flood control upstream of the property and move the City closer to completing a connection for a future trail within the area. STAFF RECOMMENDATION The Community Development Department recommends denial of a waiver request for Petition SP 13-37, the Living Water Subdivision summary plat from Craig Siegel, represented by Sakura Engineering, to waive the required drainage easement and trail easement on property at 601 Ashurst Drive. 72  9/17/2013 SP 13-37 - Living Water Subdivision, 601 Ashurst Drive 73 74 75 76 77 78 79 80 81 82 83 84 85 86  M I N U T E S PLANNING AND ZONING COMMISSION December 12, 2013 The Planning and Zoning Commission met in a regular session on December 12, 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 Rory Jaques Kristin Langenfeld Cheryl Ragsdale Amy Ziesmer Daniel Arnold (Alt) Del Washburn (Alt) P&Z Members Absent: Clint Freeman Paul Thompson Staff Present: Fran Fillerup Cynthia Lopez Dee Dee Moore Others Who Addressed the Donald Anderson Commission: Curtis Gurley Tommy Ray King 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 there were no changes to the agenda. Approval of the Minutes A motion was made by Commissioner Ragsdale and seconded by Commissioner Washburn to approve the minutes of the November 14, 2013 P&Z Meeting. This motion was approved unanimously by a 7-0 vote. Swearing in of Witnesses All parties that wished to speak on behalf of any agenda item were sworn in by Dee Dee Moore. 87  COMMUNITY DEVELOPMENT PETITION REPORT ZC 13-11 – 7.5 acres east of the alignment of N. Dustin and north of Saguaro Trail RE-1 to SF-10 Planning and Zoning Commission Discussion of ZC 13-11 on December 12, 2013 Associate Planner Fran Fillerup presented the staff report, a request from Tommy Ray King for a zone change from RE-1 Residential Estates to SF-10 Single Family Residential District for 7.5 acres, 3 parcels of 2.5 acres each, located along the extension of N. Dustin and approximately 300 feet north of Saguaro Trail. Commissioner Arnold arrived at 3:06 pm. The properties to the north, south and east are all RE-1 zoning and to the west is the Planned Development for Pinon Hills Community Church. Mr. Fillerup stated that the Comprehensive Plan shows this area to be residential lots half-acre or larger. He displayed a concept plan produced by the petitioner showing 24 individual lots, but stated it is for an idea of the proposed development and it is not being reviewed today. This petition is only for the zone change. Chair Cardon asked if he could explain the difference in density. Mr. Fillerup stated in the RE-1 district 1 acre is the smallest lot size, with no requirements for curb, gutter or sidewalks. The SF-10 stands for a minimum lot size of 10,000 square feet, and must have curbs, gutters, sidewalks and sewer connections. To have a septic system the lots must be a minimum of ¾ of an acre. He also stated that the need to address access to surrounding properties has been discussed with the petitioner. Chair Cardon also asked about the engineer’s comment regarding the drainage. Mr. Fillerup stated that those concerns would also be addressed during the preliminary plan. Staff is recommending approval of ZC13-11. Commissioner Langenfeld asked if there were any significant differences in the allowed uses between the two zoning districts. Mr. Fillerup stated the answer is in Section 2.3 of the UDC, but that both are primarily for single-family use and the two zones are essentially the same. For example, even to keep certain types of animals a special use permit would be required in both zoning districts. Petitioner Tommy Ray King of 4998 Antelope Junction stated that he read staff’s report and had no further comments or questions regarding the report. He added that they are looking to expand on development done in the Sunrise area and that the growth is in this direction. He stated that he had not spoken with an engineer but is trying to get their foot in the door with this zone change. There were no questions from the Commission. Curtis Gurley, whose mailing address is P.O. Box 1618, Aztec, spoke for residents Sandel and Voecks. He identified the properties owned by these individuals and stated that his clients were opposed to this zone change. He stated that in the staff report, the items identified one by one from Section 8.7 of the UDC, each one is answered no or don’t know. He added that once you change the zoning it is done. He felt that given the 88 topography of the land it is going to have to have massive amounts of dirt work and that any drainage issues would need to be handled up front. He stated that in the Foothills area, some changes were made a little at a time and so the issues were small, but when they are all in place at the same time it become a bigger problem. Mr. Gurley also thought that the road to the tower located on a hill to the northeast is an FAA easement and the conceptual drawing shows that road through at least 4 lots. There appears to be a gas pipeline which has setback requirements and yet the answers in the staff report are “don’t know”. He stated that he thought these were originally called Veteran’s lots, which have patent easements of 33 feet on at least 2 sides, and that those easements cannot be removed. He added that he thought that the length of the road was longer than 600 feet. He stated that there is not a problem with the development but the problem with all the questions. He stated that; an engineer should be involved, address drainage, access issues and patent easement issues. He felt it was not right for a decision at this point and perhaps should go back to staff for a closer look. Mr. Gurley read Section 8.7.4, Issues for consideration, A-G from the UDC and the answers contained with the staff report. He stated that none of the answers to any of these questions was a “yes”. Commissioner Arnold asked Mr. Gurley if his clients had taken into consideration that the current Comprehensive Plan was from 2002 and that the city has gone through development changes since that plan. Mr. Gurley stated that his clients had, and that that was why they bought in this area. He added that people get upset when things change, even if they knew it was going to change. At the invitation of Chair Cardon Mr. King re-addressed some concerns. He stated that he would like to get with the church and help get the north part of Dustin dedicated and constructed. He added that all of the building area of the lots are above street grade and that the drainage would be downhill towards Dustin not to other people’s property. There would be retaining walls to help with water control and that alleys are intended to provide access to other property to the north and east. He stated that there is sewer and water at the end of Dustin at Saguaro and those facilities would be extended to this development. Donald Anderson, was sworn in at the podium and lives at 1301 W. Apache. He is the co-owner of the property. He stated that this was a perfect spot for the development. He stated that there is no FAA easement, because he has an agreement with them that is paid by the year to use that road through the corner of the property. Chair Cardon asked if this was a yearly agreement. Mr. Anderson stated that they are paid yearly and have been for decades. It is not a “FAA” easement. Commissioner Arnold asked if Mr. Anderson knew of pipelines that went through the properties. Mr. Anderson stated there are a couple of markers in the area, way down on the east end, but that is the only one he knows about. Commissioner Arnold also asked about the topography and the rise in elevation. Mr. Anderson stated that the increase in elevation is not that great until you get to the farthest east end of the property. He added that there are a lot of “dippity do’s” and did not think there was much dirt work needed. Mr. Fillerup addressed the Commission and stated that he had forgotten to mention that he received a call from Mr. Bickford, who owns the property to the north and was unable 89 to attend today. Mr Bickford stated he was not opposed to the zone change but had concerns about ensuring access to his property. Mr. Bickford also stated that he was planning to be in attendance at the City Council Meeting. There was no one else who spoke either in favor or in opposition to this petition. There was no discussion by the commissioners. Planning and Zoning Commission Action of ZC 13-11 on December 12, 2013 A motion was made by Commissioner Langenfeld, seconded by Commissioner Arnold to approve Petition ZC 13-11 as recommended by staff for a zone change from RE-1 Residential Estates to SF-10 Single Family Residential District for 7.5 acres located east of N. Dustin and approximately 300 feet north of Saguaro Trail. AYE: Chair Cardon, Commissioners Davis, Jaques, Langenfeld, Ragsdale, Ziesmer, Arnold (Alt) and Washburn (Alt) NAY: None ABSTAINED: None ABSENT: Commissioners Freeman and Thompson Motion passed 8-0 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: There was no business from the members. Business from Staff: Ms. Lopez informed the Commission that all three items that went to City Council on December 10 2013 were approved on the consent agenda. She added that Masada House, ZC 13-09/SUP 13-09 is scheduled to be considered at the January 14, 2014 City Council Meeting, when all councilors are planning to be in attendance. Ms. Lopez added that there are two regularly scheduled 2014 meeting dates that coincide with Thanksgiving (11-27-14) and Christmas (12-25-14). They can be placed on the next agenda and voted on whether they should be cancelled or moved to another date Adjournment With no further business the Planning and Zoning Commission meeting of December 12, 2013, Commissioner Ragsdale called for adjournment at 3:42 p.m. __________________________ ____________________________ Joyce Cardon Dee Dee Moore Chair Office Manager 90