Planning & Zoning

January 30, 2014  A G E N D A Planning & Zoning Commission January 30, 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 January 16, 2014 P&Z Meeting 13 4 Petition No. PP 13-03 -– a request from Joe Kozimor, represented by Cheney 1 Walter Echols, for a preliminary plan for the Little Creek Subdivision, Phase IV, a 24-lot subdivision located south of Piedras Street and west of Phase I of the same subdivision. 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, February 11, 2014.  COMMUNITY DEVELOPMENT PETITION REPORT Staff Report Preliminary Plan for Little Creek Subdivision, Phase IV Petition No. PP 13-03 A. STAFF REPORT, January 30, 2014 PROJECT INFORMATION Applicant Joe Kozimor Representative Sakura Engineering Date of Application December 12, 2013 Requested Action Preliminary Plan approval Location 4.80 acres west of Little Creek Subdivision, Phase I and south of Piedras Street. Existing Land Use Vacant Existing Zoning SF-5 Single-family Residential District. Surrounding Zoning North: SF-7 Single-family Residential – Vacant & Land Use South: IND Industrial – Commercial with outside storage. East: SF-7 Single-family Residential – Residential West: SF-5 Single-family Residential – Vacant Subdivision Class Class 1 Notice Notice is not required for preliminary plans. Staff Planner Fran Fillerup, Associate Planner SUBDIVISION INFORMATION Number of Lots 24 lots. Acres of Land 4.80 acres. Minimum Lot Size 5,002 square feet. Water: Per City standards. Utilities Sewer: Per City standards Electric: Per Electrical Engineering The subdivision connects to the existing road network by extending Access & Circulation Piedras Street to the west, with a new road south along the west side of the subdivision, and a new loop street where the lots take access. Street Lights Per City standards Street Signs Per City standards Fire Hydrants Per City standards Drainage Per City standards Recreation Per City standards NBU Mail Box Coordinated with USPS 1 GENERAL INFORMATION The petitioner is requesting preliminary plan approval of a Class 1, 24-lot subdivision of approximately 4.80 acres located west of Little Creek Subdivision, Phase I and south of Piedras Street. The property was recently annexed into the city and has SF-5 zoning. This zoning requires a minimum 5,000 square-foot lot. ISSUES Parks Recreation and Cultural Affairs: Roger Drayer – 599-1405 • PRCA still has the expectation that there will be a park within one of their subdivisions. Traffic Engineering Administrator: Steve Krest – 599-8201 • Street lighting required. City Engineer: Nica Westerling – 599-1316 • A drainage plan was not supplied with the construction drawings and is required. The submittal is still not complete. The rest of the construction drawings have been reviewed and comments will be provided to the petitioner’s engineer. • I am agreeable to postponing the requirement for a Traffic Impact Analysis (TIA) for this phase pending the completion of the land acquisition which would allow Joe Kozimor, developer, to relocate the future collector street further west to the top of the hill. This would insure good sight distance and adequate spacing to allow for a future signal when it becomes warranted. If the acquisition cannot be completed in a timely manner (30-60 days) then a TIA for the existing access point needs to be completed. The Developer has agreed to block the existing access to insure this phase utilizes the existing street network, Piedras in particular, as its main access point. 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 • Street names need to be proposed. A theme should be followed as with other phases of the development or a new theme which can be followed in surrounding phases. The new road running north-south will have a suffix of Avenue or Road. The looped road will have the suffix Circle. • Street signs area required to be paid for by the developer at the time of the final plat submittal. • The setbacks are not recommended to be placed on the plat. • Please address the treatment of rear and street side yards of lots along streets with a plat note identifying if fences are planned along streets. A plat note allowing access for the lots only on the loop street is already shown. • Safe sight triangles must be addressed and anticipated at all intersection pursuant to Section 5.3.6 of the UDC. • According to the petitioner, the north-south road is to be blocked at the south line of the subdivision as shown in the construction drawings (see City Engineer’s 2  comment). The termination of the north-south road needs to be reflected on the plat. The eventual plan for the road, however, needs to be a connection to the south. • Mail service for the subdivision must be accounted for and a Neighborhood Box Unit must be arranged as required by USPS. If an easement is needed within this subdivision phase, it must be shown on the plat. • Addresses will be provided to the surveyor for inclusion on the final plat. • Staff has informed the petitioner’s representative that the drainage plan is still required and is needed to complete the review of this petition. Sherry with Sakura Engineering told staff that her firm has not contracted to prepare the drainage plan. A voicemail message was left for the petitioner regarding the drainage plan on January 22, 2014. STAFF CONCLUSION Staff concludes that the possible postponement of consideration Petition PP 13-03, Little Creek Subdivision, Phase IV, is appropriate to allow for the review of the drainage plan. Additionally, street names also need to be submitted for review. Postponing the petition will allow the petitioner time to provide these items, and for staff to complete the review. STAFF RECOMMENDATION The Community Development Department cannot develop a recommendation until the drainage plan and street name proposal has been submitted and reviewed. Unless this occurs prior to the Commission’s meeting, staff is recommending postponing consideration of Petition PP 13-03, a request from Joe Kozimor, represented by Sakura Engineering, for the Preliminary Plan for the Little Creek Subdivision, Phase IV, a 24-lot subdivision on 4.80 acres located west of on Little Creek Subdivision, Phase I and south of Piedras Street. 3 Approx. location of Little Creek Subd., Ph. IV 4 5 6 7 8 9  COMMENT SUMMARY – PP13-03 LITLE CREEK SUBDIVISON, PHASE IV Deadline: January 22, 2014 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 • Need 10’-utility easement labeled on the plat. ELEC Engineering - Luwil Aligarbes • 10’ utility easement on front of property, behind the sidewalk. ELEC T & D - Steve Henson No Response Fire Department criteria will be met through the FIRE Fire Marshall – Bob Popa Building Inspection process. LEGAL Deputy City Attorney – Jennifer Breakell No Comments POLICE Code Compliance No Response The Farmington Police Department recognizes no POLICE Sergeant Flores adverse issues at this time. We still have the expectation that there will be a PRCA Roger Drayer park within one of their subdivisions. PW Engineering- Chico Quintana FYI – I called Scott Martin on the naming of the road, “B Loop Street”. It is only generic for now and should be changed by the final plat. PW Engineering – Nica Westerling No engineering plans have been submitted. The preliminary plan as submitted does not show street or utility grades, drainage or topography. Nothing for Engineering to review. 1-22-14 @ 12:45pm – Jeff and I did look at them. They are missing a drainage plan and have various other redlines. PW Streets Superintendent - Jim Couch No Response PW Traffic Engineering Admin – Steve Krest Street lighting required See comments from reviewed construction plans dated 1-21-14.. PW Water/Wastewater Admin – Manuel Tso 1-22-14 @ 3:57pm – The red-lined comments made in the engineering plan set were not major. The design engineer will be seeing these comments and making the changes. Thank you. Other Entities CH2MHILL OMI No Response Comcast Cable - Mark Johnson No Response 10 New Mexico Gas Company - Ryan Holden No Response Enterprise Field Services No Response Farmington School District No Response No conflict – CenturyLink will work with developer CenturyLink – Laurence Joe to extend telephone lines. U.S. Post Office No Response Williams Field Services - Lloyd Bell No Response 11 12  M I N U T E S PLANNING AND ZONING COMMISSION January 16, 2014 The Planning and Zoning Commission met in a regular session on January 16, 2014, at 3:00 p.m., in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. P&Z Members Present: Chair: Joyce Cardon Commissioners: Kristin Langenfeld Cheryl Ragsdale Paul Thompson Amy Ziesmer Daniel Arnold (Alt) P&Z Members Absent: Shay Davis Clint Freeman Rory Jaques Del Washburn (Alt) Staff Present: Fran Fillerup Mary Holton Virginia King Cynthia Lopez Sam Montoia Dee Dee Moore Cory Styron Nica Westerling Others Who Addressed the Randy Bible Commission: Phil Brumley Matt Dodson Rhonda Frazier Cliff Freeman Paul Martin John Morgan Matt Pennington Bilyn Ray Craig Siegel 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. Chair Cardon explained that this meeting would be conducted as quasi-judicial. Presentation of the Agenda Senior Planner Cynthia Lopez stated that there were no changes to the agenda. 13 Approval of the Minutes A motion was made by Commissioner Ragsdale and seconded by Commissioner Langenfeld to approve the minutes of the December 14, 2013 P&Z Meeting. This motion was approved unanimously by a 6-0 vote. Swearing in of Witnesses All parties that wished to speak on behalf of any agenda item were sworn in by Dee Dee Moore. COMMUNITY DEVELOPMENT PETITION REPORT ABD 13-03 – Alley North of 602 W. Main Street Planning and Zoning Commission Discussion of ABD 13-03 on January 16, 2014 Senior Planner Cynthia Lopez presented the staff report, a request for the abandonment of the alley north of 602 W. Main Street. The alley is 16 feet by 132 feet and is currently owned by the City of Farmington. This alley does not connect to any street and was quit claimed to the city some time ago. The petitioner has a current encroachment agreement to use this space. The petitioner understands that there will still need to be an utility easement for the electric poles and lines located in the alley. Ms. Lopez stated that half of the alley would be included in the petitioner’s parcel, but that the other half would go to the church property. Staff recommends approval of ABD 13-03. There were no questions from the Commission directed to staff. Petitioner Cliff Freeman of 832 Santa Barbara Drive answered Chair Cardon that he had read staff’s report. He stated that he intends to continue to allow the church to use that space for parking for the vans and trailers. He added that the easement will be maintained and that they will not build anything permanent within that space. There were no questions for the Commission directed to the petitioner. 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 ABD 13-03 on January 16, 2014 A motion was made by Commissioner Thompson, seconded by Commissioner Ziesmer to approve Petition ABD 13-03 as recommended by staff for an abandonment of the alley located to the north of 602 W. Main Street. AYE: Chair Cardon, Commissioners Langenfeld, Ragsdale, Thompson, Ziesmer and Arnold (Alt) NAY: None ABSTAINED: None ABSENT: Commissioners Davis ,Freeman, Jaques and Washburn (Alt) Motion passed 6-0 14  COMMUNITY DEVELOPMENT PETITION REPORT ZC 13-13 – 4001 E. Main Street IND Industrial District to GC General Commercial District Planning and Zoning Commission Discussion of ZC 13-13 on January 16, 2014 Senior Planner Cynthia Lopez presented the staff report, a request from Matt Pennington for a zone change from the IND Industrial District to the GC General Commercial District for property located at 4001 E. Main Street. Ms. Lopez stated that this location has been used for retail and commercial purpose and was zoned long before the commercial activities developed along East Main Street. The area was used in the past as oil and gas business locations, but has developed into a general commercial type area. The property has three buildings, two of which have been added in the last several years. The petitioner is requesting the zone change to allow more commercial uses that are not allowed in the IND district, such as barber/beauty shops, etc. Staff recommends approval of ZC13-13. Commissioner Thompson asked about the zoning to the north and Ms. Lopez stated that the Halliburton Facility is in the IND district. She stated that Webb Chevrolet is IND but Webb Toyota rezoned their property to GC. She added that the City of Farmington Comprehensive Plan shows this area as commercial uses. Petitioner Matt Pennington of 1011 Spencer Lane answered Chair Cardon that he had read staff’s report and added that he felt this zone change would help the property fall more in line with the area and provide a wider base of renters. 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 13-13 on January 16, 2014 A motion was made by Commissioner Langenfeld, seconded by Commissioner Ragsdale to approve Petition ZC 13-13 as recommended by staff for a zone change from IND Industrial District to GC General Commercial District for property located at 4001 E. Main Street. AYE: Chair Cardon, Commissioners Langenfeld, Ragsdale, Thompson, Ziesmer and Arnold (Alt) NAY: None ABSTAINED: None ABSENT: Commissioners Davis, Freeman, Jaques and Washburn (Alt) Motion passed 6-0 15  COMMUNITY DEVELOPMENT PETITION REPORT ZC 13-12 – 6855 Drinen Lane SF-7 Single-family Residential District to RA Rural Agricultural District Planning and Zoning Commission Discussion of ZC 13-12 on January 16, 2014 Associate Planner Fran Fillerup presented the staff report, a request from Randy and Patricia Bible for a zone change of 4.86 acres located just inside the city limits at the boundary of San Juan County. Mr. Fillerup stated that this property was annexed in 1959 and zoned SF-7 in 1969, however this street is rural in nature and never developed as SF-7 zoning and has no existing sewer facilities. There has been some residential development further west along Hallmarc, Pryor and Samantha. Mr. Fillerup stated that the petitioner intends to build a home, a barn, a greenhouse and to have pasture land at this location. Chapter Six of the Farmington City Code and the UDC specify how many animals would be allowed on this property and how they need to be cared for. Mr. Fillerup stated that staff is recommending approval of ZC 13-12. Commissioner Thompson stated he was surprised that this property hadn’t been subdivided and asked if, in 1959, the zoning was done in error. Mr. Fillerup stated that if this property was subdivided the extension of the sewer facilities would have to be built. Commissioner Thompson stated that he would have thought that SF-7 lots would have been shown on the 4.7 acres. Mr. Fillerup stated that this property has always been rural and no plans were ever submitted to develop it into SF-7 lots. Mr. Fillerup added that the petitioner is wanting to keep animals. Commissioner Thompson asked why this petition was not a Special Use Permit versus a Zone Change. Mr. Fillerup explained that a special use permit was considered, but that the petition did not know the number and type of animals he may want to keep, and that the size of the barn and greenhouse, exceeded the maximum size allowed by special use permit in a SF-7 district. A zone change would allow the petitioner to accomplish their plans and avoid having to come back for SUP’s and Variances with the changes they might want. Commissioner Langenfeld asked if the adjacent properties were also zoned SF-7 and if a special use permit were issued then there would not be an appearance of spot zoning. Mr. Fillerup stated that the surrounding properties are also zoned SF-7. Director Holton added that staff felt that this area was zoned to SF-7 in error and that ideally the other neighbors could have come in with them to avoid spot zoning. Staff feels this zone change is appropriate because of the closeness to the river, no existing sewer facilities, and that this will correct a zoning error from 1969. She stated that this zoning will help avoid having the petitioner repeatedly returning for special use permits for every different type of animals they wish to keep, and for any building exceeding the residential standards. Petitioner Randy Bible of 22 Road 5295 answered Chair Cardon that he had read staff’s report and agreed with the findings. He added that the previous owner (for 50 years) has always had agricultural use on the property and he is trying to keep the same use. He stated that he wants to keep animals, but it may be cows one year and sheep the next. He also stated he wanted to grow crops. He stated that what he is intending to build is in keeping with the rest of the area. He mentioned that Dr. Brimhall stated in his letter that he did not know that the area was zoned for SF-7, but he too, thought it was agricultural. 16 There was no one else who spoke either in favor or in opposition to this petition. Commissioner Thompson stated that he understands that the Planning and Zoning Commission cannot rezone a property but that the owner has to request the change. In this situation we are going from a small lot situation to a rural situation. However most of the neighbors are zoned for small lots even though the use is rural. But what is to prevent a developer from coming and building homes on the property next door which is zoned SF-7, and that is okay according to the zoning, right? Mr. Fillerup stated that SF- 7 Residential zoning requires a minimum lot size of 7,000 square feet and that a developer could build in that zone. Commissioner Thompson asked how could the neighbors be encouraged to rezone to the actual use now, versus what is considered zoned in error to the smaller lot size. Mr. Fillerup stated that there are no plans to contact the surrounding property owners. Commissioner Arnold asked if the area next to this property was being considered for annexation. Director Holton stated no, this area is not currently being considered for annexation. Commissioner Langenfeld stated she was conflicted about the uses of RA zoning and saw it as spot zoning; and, like Commissioner Thompson stated, how a potential development could be impacted being next to a farm. Commissioner Langenfeld also felt that this error in zoning could adversely affect the future of other neighbors in the area. Planning and Zoning Commission Action of ZC 13-12 on January 16, 2014 A motion was made by Commissioner Thompson, seconded by Commissioner Ziesmer to approve Petition ZC 13-12 as recommended by staff for a zone change from SF-7 Single-family Residential to RA Rural Agricultural District for property located at 6855 Drinen Lane. AYE: Chair Cardon, Commissioners, Ragsdale, Thompson, Ziesmer and Arnold (Alt) NAY: Commissioner Langenfeld ABSTAINED: None ABSENT: Commissioners Davis, Freeman, Jaques and Washburn (Alt) Motion passed 5-1 COMMUNITY DEVELOPMENT PETITION REPORT SUP 13-14 – 2024 B N. Sullivan Outside Storage – Bulk Oxygen Tank Planning and Zoning Commission Discussion of SUP 13-14 on January 16, 2014 Associate Planner Fran Fillerup presented the staff report, a request from Bilyn Ray for the renewal of an expired special use permit for Airgas USA, LLC. Staff was recently made aware of the expiration of the previous special use permit from April 2004 that actually expired in 2009. The original special use permit had a five year timeframe. Mr. Fillerup stated that the tank is addressed at 2024 B North Sullivan and access is from the north side via Sullivan. The tank is located between two buildings (east and west) and is screened on the south side. He stated that Code Compliance took sound readings at three locations and the uses did exceed the maximum allowed levels. Mr. 17 Fillerup stated that there have been no complaints for either the office location at 1800 E 20th Street, or the tank location of 2024 B North Sullivan in the past ten years. Staff recommends approval with limitations on hours of delivery and filling tanks and that the petitioner must provide ways to mitigate the sound levels. Chair Cardon asked who governs the noise levels. Mr. Fillerup stated that Code Compliance responds to any noise complaints. Commissioner Langenfeld asked that if there were any ramifications or problems because the noise levels exceeded that code. Mr. Fillerup stated that because the applicant is seeking a special use permit for the use, there is no action taken at this time, and that the petitioner needs to remedy the situation. Commissioner Ziesmer stated that on page 36 of the agenda it says “…staff does maintain a system for tracking expirations…” so why wasn’t this caught. Director Holton stated that since she began working for the city in 2010 the tracking system has been in place, but only for new special use permits. Unfortunately, between 2006-2010, there were a number of personnel changes and the department counted on institutional memory to track expiration. Now, staff keeps a calendar. However, staff has also identified software that would prompt the department on all expiring deadlines. Director Holton thanked the neighbor for bringing this to the department’s attention. Commissioner Thompson asked staff if the “out of limit” noise was for hours or just a big bang. Mr. Fillerup stated that staff conducts 3 readings each last 3 minutes, and are averaged during that time period. A loud noise such as a bang is not likely to register as a violation, sustained noises would. Phil Brumley of Edgewood, NM, representing Airgas, answered Chair Cardon that he had read staff’s report and added that he agreed with staff’s recommendations. He presented information to the commission regarding steps that they have taken to mitigate the noise. A letter stating they have contacted their supplier and will use measures to reduce the noise, such as reducing the RPM’s of the “pony” motor on the delivery truck. Mr. Brumley stated that Airgas will also install a cryogenic whisper vent. All hours of delivery will be between 8 am and 8 pm. He also presented a letter in their favor from the business to the east, Heat-n-Cool Service of 1806 E. 20th Street. Chair Cardon asked when this cryogenic whisper vent could be installed. Mr. Brumley stated “around a month”. Commissioner Arnold asked how often the deliveries are made. Petitioner Ms. Bilyn Ray of Airgas stated that bulk deliveries are once on Tuesday and Thursday. There could be 5-6 customers filling up from the main tank each day. Ms. Ray stated that when she became the new branch manager she did not know there was a special use permit, but that she would make sure and keep track of this one. Rhonda Frazier of 2101 Schofield stated that she was the neighbor that contacted the city. She added that she has no concerns with the special use permit being granted again, but if Airgas moved, she would like to see the tank moved. Regarding the noise, she stated that you can hear the trucks backing, but she has no problem with noise levels. Commissioner Langenfeld stated that she understood that Ms. Frazier feels that Airgas is a good neighbor, but Ms. Frazier would rather not have the tank there if Airgas leaves this location. Ms. Frazier stated that there was one time when the delivery was in the early morning, but after speaking with Airgas, it has not happened again. She stated that she spoke against the initial special use permit, but any concerns she had have been addressed and she is in support of the special use permit for Airgas. 18 There was no one else who spoke either in favor or in opposition to this petition. Commissioner Ziesmer stated that the staff report shows that the previous special use permit had a 5-year time limit, but that there is no mention of a time limit for this request. Mr. Fillerup stated that with no record of complaint, staff felt there was no need for a time limit. Director Holton stated that a time limit could be put in the motion made by the Commission. Commissioner Ragsdale asked if Airgas leaves that location would the special use permit end. Director Holton stated that a special use permit runs with the land, and she is not sure if it can be limited to a particular use. Mr. Brumley stated that if Airgas owns that tank and if they were to leave that location, their policy is to take the tank with them. Commissioner Langenfeld stated that another company with the same function could go in there, but not if the property has lost its non-conforming status. A motion was made by Commissioner Langenfeld to approve SUP 13-14 with conditions a and b as recommended by staff, and adding a condition that the special use permit expires if the current Airgas relinquishes the property. Director Holton stated that with the additional condition, Legal would need to be consulted, because it would be tied to the user rather than the site. Commissioner Thompson felt that it didn’t really need to be added, that even if we pass the special use permit with condition a and b, they still need to meet the noise requirements, it doesn’t matter to him if it’s Company A or B. Commissioner Langenfeld stated that she sees what Commissioner Thompson is saying. Director Holton stated that if a new company came in and wanted a bigger tank, it would prompt a new special use permit. Commissioner Langenfeld amended her motion to remove the additional condition. Planning and Zoning Commission Action of SUP 13-14 on January 16, 2014 A motion was made by Commissioner Langenfeld, seconded by Commissioner Ragsdale to approve Petition SUP 13-14 as recommended by staff, for a special use permit for outside storage of a bulk oxygen storage tank at 2024 B N. 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. AYE: Chair Cardon, Commissioners Langenfeld, Ragsdale, Thompson, Ziesmer and Arnold (Alt) NAY: None ABSTAINED: None ABSENT: Commissioners Davis, Freeman, Jaques and Washburn (Alt) Motion passed 6-0 19  COMMUNITY DEVELOPMENT PETITION REPORT SUP 13-15 – 5611 Wildwood Attached Family Care Unit Planning and Zoning Commission Discussion of SUP 13-15 on January 16, 2014 Associate Planner Sam Montoia distributed the protective covenants received today for this property to the Commission. Section 2.5.7 of the Unified Development Code required a special use permit for a family care unit. Mr. Montoia stated that after the permit expires, it can be administratively renewed by the Director. He presented an aerial photo of the existing home with the proposed construction overlayed onto the picture. This construction would include a one car attached garage and living quarters for his parents on the southwest side of the existing home. The petitioner has been informed that he will need to meet the requirements for a new septic system for this construction. Mr. Montoia stated that this construction is within the required 35 foot setback. Staff recommends approval for SUP 13-15 and also mentioned that this petition would not go to City Council until February 11, 2014, as requested by the petitioner. John Morgan of 5611 Wildwood answered Chair Cardon that he had read the reports and would like to add two items. He stated that he first applied for this unit for his parents, but since the application date, his father has passed away. He would like to proceed to build now for his mother. He presented a signed petition from the neighbors stating that they were in favor of this addition. Commissioner Thompson asked if there would be issues with the septic system. Mr. Morgan stated that he is completing the application and doesn’t think there will be for this 1 bathroom unit. He added that the existing septic system is on the east side of the home. Mr. Morgan stated that he understands that if the septic permit is not approved he will not be able to build. 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 SUP 13-15 on January 16, 2014 A motion was made by Commissioner Thompson, seconded by Commissioner Ragsdale to approve Petition SUP 13-15 as recommended by staff for a family care unit to be attached to an existing home located at 5611 Wildwood. AYE: Chair Cardon, Commissioners Langenfeld, Ragsdale, Thompson, Ziesmer and Arnold (Alt) NAY: None ABSTAINED: None ABSENT: Commissioners Davis, Freeman, Jaques and Washburn (Alt) Motion passed 6-0 20  COMMUNITY DEVELOPMENT PETITION REPORT SP13-37 – 601 Ashurst Waiver Request for Trail Easement and Drainage Easement Planning and Zoning Commission Discussion of SP 13-37 on January 16, 2014 Associate Planner Fran Fillerup presented the staff report for a request from Mr. Craig Siegel for waivers to the Subdivision Standards requiring easements in the Living Water Subdivision at 601 Ashurst Drive. Mr. Fillerup presented additional documentation and colored copies of the maps that are in the agenda to the Commissioners. This subdivision plat is for a lot split and the petitioner plans to build a second residence on the new lot. Mr. Fillerup showed maps indicating the location which staff has requested for a drainage easement and also for a trail easement. He indicated that the Comprehensive Plan shows a proposed hike and bike trail along the arroyo which runs through Mr. Siegel’s property. A petition from neighbors indicates those who do not want a trail along or through their property. The future trail would connect Brookside Park to Brookhaven East and West with a trail, including along the existing gravel driveway for the two well sites located in the Glade and eventually to the San Juan River. Mr. Fillerup stated that staff recommends denial of the waivers. Commissioner Ziesmer asked how the petitioner became aware of the easement requirement and, if in 2002 when the Comprehensive Plan was approved, who may have known that this trail/bike system would go straight through this property. Commissioner Thompson stated that this required easement for the trail system sounds like eminent domain. Director Holton stated that the Unified Development Code has requirements for flood mitigation and trail plans. She added that basically this bike/hike trail has been in the Comprehensive Plan for 12 years and PRCA has been dealing with getting easements based on the trail alignment. Director Holton stated that Public Works is requiring the drainage easement. Both of these departments are in attendance to answer questions. Petitioner’s representative Paul Martin of Sakura Engineering stated that Mr. Siegel started this process in June and has worked with the city and got to the point where they were informed by City staff that he would have to give a portion of his property for a separate trail and drainage easement, for this area in the glade. Mr. Martin stated that he understands the section that staff mentioned, that you have to participate to give up property for a development, but that is not a “one size fits all” requirement. He provided an example that if you are a developer and have 40 acres for sale, that the developer would give up property for the streets, parks or pay fees. This is a different situation, this is a single-family, small parcel of land where the petitioner wants to build a home for themselves and remodel the existing home for this son. Mr. Martin stated these codes really effect the small property owner and for a park plan to automatically place a trail through your property, then there is a problem with the rules and regulations. This property is a rural setting inside the city limits. Mr. Martin stated that staff has rules and regulations to give up easements for a subdivision even when it’s a two lot split and that any split fits under that rule. He said Mr. Siegel feels that the City is taking his property and interrupting the animals and vegetation on his land. Mr. Martin stated that the City first said that there would be two 21 easements, now they are saying that the drainage and easement can be all in one, but they do not know exactly where this trail would be. Mr. Martin added that he and Mr. Siegel met with Councilor Fischer and she invited them to take this to a work session. There were pleased at the reception they received, but are following the procedure and going through the process to the Planning and Zoning Commission. Mr. Siegel has to allow the city to taking his property and ruin his lifestyle. Mr. Martin pointed out that the neighbors that signed the petition do not want this trail system at their back door. Mr. Siegel of 601 Ashurst stated he purchased this property in January of last year and because it was a rural setting for himself and close to town for his wife. He added there is an abundance of wildlife on this property and after spending about $4,000 dollars on a home design, he finds out that there is now going to be a trail at his backdoor for the homeless, high school students and gang bangers to hang out at. He added that there are fire concerns with people using this area and if you compare the trail below Child Haven, there are alcohol bottles, syringes, condoms and trash lying around on that trail. Mr. Siegel stated that he took the neighborhood petition around to his neighbors. Commissioner Ziesmer asked if he felt the drainage easement on his property was needed. Mr. Siegel stated there was no flooding on his property during the recent storms and this is a minor stream compared to the 20 foot wide arroyo that the city has dug out on Shadow Valley. He stated that he wants to keep the natural appearance of the land and not a dug out stream. Commissioner Thompson asked when he purchased this land. Mr. Siegel stated in January 2013. Mr. Siegel stated that if he was not subdividing this property, he would not have to give the up easements. Commissioner Ziesmer asked if there were any easements noted on the plat when he purchased the property. Mr. Siegel answered no, not one. Mr. Martin of Sakura Engineering stated that he and Mr. Siegel had discussed his options, there are two, depending on what the Commission decides. Option one is to stop the subdivision process and go somewhere else. They felt this has been handled poorly and that if Mr. Siegel were approached later he would not be willing to give up the easement. The second option is to go ahead and move forward and give up and let the city take the land, but does not think this is a viable option. He stated Mr. Siegel is very upset about this whole situation and it’s taken a long time. Commissioner Ragsdale asked if she understood that if this property was not being subdivided then everything stays as is. Mr. Martin stated yes, that is correct. Commissioner Ragsdale asked if that was because there would be no easements. Mr. Martin stated yes, and that then the city would need to buy the property in order to place the trail and access easements for the drainage issue. There was no one else who spoke either in favor or in opposition to this petition. Commissioner Thompson asked for clarification because he thought that the drainage easement should have shown up on the plat. Director Holton stated that this property has never been platted previously. She added that Mr. Fillerup informed them of the need for drainage and trail easement during discussion of a variance in mid-2013, prior to submittal of the plat. This property has approval from the ARB for a flaglot access. She stated that Mr. Siegel is asserting that, in his opinion, the city is taking his land, but there are specific requirements in the code. This is an “exaction” subject to subdivision of lots and the Comprehensive Plan provides a legal foundation and that this is an 22 nationally-acceptable practice at the time the property is platted. Commissioner Thompson stated that he knows the city has cleaned out the glade wash and asked if the city has rights to clean out this arroyo or if the city would have to negotiate with the owner. Nica Westerling, City Engineer, stated that in a life threatening situation the city could go onto private property, but otherwise the city does not clean out arroyos without permission. She added that the Shadow Valley arroyo runs from Colorado approximately 320 square miles, but that the Butler Arroyo has drainage from about Pinon Hills Boulevard and is still a large arroyo. She stated that in September the storm the water that ran down Auburn, curb to curb and six inches deep, should have been running through this property. Commissioner Thompson asked who would be responsible for the maintenance and cleaning of this easement. Ms. Westerling stated Public Works is responsible for cleaning the trees out of the arroyo and maintenance of the banks or the arroyo. Chair Cardon asked who maintains the bike/hike trail and would it be paved. Cory Styron, PRCA Director, stated that his department maintains the trails and that most are 10-12 feet wide and covered with crusher fines. Chair Cardon asked if this trail would be gated or secured to maintain safety, and who would keep these areas safe. Director Styron stated that the park rangers and the police protect safety in the parks. PRCA does work with the owners to install barriers, either natural or a fence to protect the owner’s property. Commissioner Thompson stated that Mr. Martin mentioned he had proposed alternate routes and had they been looked at. Director Styron stated that most people do not want it by their house, they want to keep their privacy, however this is a natural walkway between the high school, Brookside Park, the Municipal Complex and the downtown area. PRCA does not have anything planned at this time, or the funding at this time, to build in this location, but PRCA does need to look at the long term. Commissioner Thompson asked what PRCA would do if the petitioner does not complete the lot split. Director Styron stated that the city would then need to negotiate for the property, as they have done along the river trail. Commissioner Arnold read the section 6.4.19 from the UDC which describes ownership improvement requirements. Mr. Martin pointed out that this may be good for the city, but the issues of negotiating with the property owner and placing a fence, that is not the feel that Mr. Siegel wants on his property. Maybe 20 years from now, the city could negotiate for that property, but right now, Mr. Siegel feels the city is taking his property and that the easements are a lot of property considering the size of his land. Mr. Martin stated that when the time comes to design the trail, it might not even be in this location. Mr. Matt Dodson of 620 Gladeview Drive stated he is on the Board of Directors for the River Reach Trails Committee and that the committee is always looking at the bigger picture. The connection of Brookside to other areas is not along Auburn where the traffic is just a few feet away from the sidewalk. He added that if this property had been owned by Mr. Siegel for 30 years it would be different. He asked the Commission to discourage handing out waivers that would hinder the opportunity to design a trail system. The public comment period was closed and discussion of the Commission began. Commissioner Thompson stated he was struggling with the lack of notification to the property owner upon purchasing this land. He said that even if Mr. Siegel had looked at all the legal documentation there would have been no reference to these easements. Commissioner Ragsdale stated that only if the seller had disclosed the potential for this trail would the realtor have known about this requirement. Commissioner Thompson said he understood that during the normal course of business this proposed trail was not 23 known about. Commissioner Arnold reminded the commission that they are to uphold the code. Commissioner Langenfeld stated that this is an issue where the subdivision lot split does not need to occur. The information presented suggests that the bike/walkway is a planned connection and is available for public review. Mr. Martin stated that if this is not granted Mr. Siegel will go to City Council and if denied, not proceed with the subdivision lot split. Why would he give up his property, privacy and rights? Planning and Zoning Commission Action of SP 13-37 on January 16, 2014 A motion was made by Commissioner Langenfeld, seconded by Commissioner Arnold to deny Petition SP 13-37 a request from Mr. Craig Siegel for waivers to the subdivision standards as recommended by staff for property located at 601 Ashurst. AYE: Chair Cardon, Commissioners Langenfeld, Ragsdale, Thompson, Ziesmer and Arnold (Alt) NAY: None ABSTAINED: None ABSENT: Commissioners Davis, Freeman, Jaques and Washburn (Alt) Motion passed 6-0 Discussion of 2014 Scheduled Meeting Dates: Ms. Lopez stated that there are two scheduled meeting dates on the 2014 calendar that fall on a City holiday, Thanksgiving on November 27, 2014 and Christmas on December 25, 2014. Ms. Lopez stated that if these meetings are cancelled the petitioners would be advised of the next available meeting at the time of application. Commissioner Ziesmer made a motion to cancel the November 27, 2014 and the December 25, 2014, Planning and Zoning Commission Meetings. The motion was seconded by Commissioner Ragsdale and passed by a 6-0 vote. Discussion of the PRCA Master Plan: Director Styron stated that the plan committee has mailed out surveys to homes and have encouraged people to fill out the on-line survey. The survey is due to be completed in February. Current information regarding the process will be updated on the PRCA website. The team consultant will be compiling the information to take before the board and to city council for final approval. 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 the two items that went to City Council on January 14, 2014 were denied. They were; Masada House, ZC 13-09/SUP 13-09, and ZC13-11 on N. Dustin by petitioner Tommy Ray King. 24 Adjournment With no further business the Planning and Zoning Commission meeting of January 16, 2014, was adjourned at 5:28 p.m. __________________________ ____________________________ Joyce Cardon Dee Dee Moore Chair Office Manager 25