Planning & Zoning

September 11, 2014  A G E N D A Planning & Zoning Commission City Council Chambers – 800 Municipal Drive September 11, 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 August 28, 2014 P&Z Meeting 5 4 Petition No. UDC 14-03 –a request from the City of Farmington to propose a change to 1 Section 8.9.3 of the Unified Development Code pertaining to the revocation process for a special use permit (Cynthia Lopez). 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, September 23, 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. 1 2 3 4  M I N U T E S PLANNING AND ZONING COMMISSION August 28, 2014 The Planning and Zoning Commission met in a regular session on August 28, 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: Shay Davis Kristin Langenfeld Cheryl Ragsdale Paul Thompson Del Washburn (Alt) P&Z Members Absent: Commissioner: Rory Jaques Clint Freeman Cody Waldroup Staff Present: Jennifer Breakell Mary Holton Cynthia Lopez Dee Dee Moore Others Who Addressed the Tammy Nothstine Commission: Jack Smalley Call to Order The meeting was called to order at 3:00 p.m. by Chair Cardon. 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 cancellation notification from the petitioner for ZC 14-09, so that petition would not be heard at this meeting. Approval of the Minutes Ms. Lopez identified that throughout the minutes the date of August 11, 2014 needed to be changed to August 14, 2014. A motion was made by Commissioner Ragsdale and seconded by Commissioner Washburn to approve the minutes of the August 14, 2014 P&Z Meeting with the change in dates as noted by staff. This motion was approved unanimously by a 6-0 vote. Chair Cardon advised that the following proceedings would be held as a quasi-judicial meeting and provided a brief explanation of how the meeting would be run. Anyone wishing to speak on a petition was sworn in by Secretary Dee Dee Moore. 5  COMMUNITY DEVELOPMENT PETITION REPORT ABD 14-03 – Abandonment of Lorena Street between Pinon and Auburn Planning and Zoning Commission Discussion of ABD 14-03 on August 28, 2014 Senior Planner Cynthia Lopez presented the staff report, noting that the petitioner is the City of Farmington. This street is currently a stretch of dirt road with no paving. The two property owners have each signed an affidavit for the abandonment. The plat needs to provide an easement for the stormwater lines that currently exists in the Right-of-Way. Public Works is examining the width of that easement, which could be 20-30 feet, because of the two 42 inch storm lines. Ms. Lopez stated that before the plat is recorded the easement width will be noted on the plat. Staff is recommending approval of ABD 14-03. Commissioner Thompson asked if anything could be built over the stormwater lines, in the easement. Ms. Lopez stated that the owners have stated that they will use this area for parking and driveway access, which is allowed in an easement. Petitioner’s representative, Director Mary Holton stated that this road was closed off about 20 years ago and since that time this area has been annexed into the city limits. She added that aesthetically this is a good thing, and the owner also has plans to clean up the area and use it for parking. The City is recommending the abandonment of the right-of-way and also the requirement for an easement over the stormwater lines. Chair Cardon asked if staff was in approval for driveway cuts. Director Holton stated that the owners would work with Public Works, but staff doesn’t see it being an issue. There were no affected parties to speak in favor or opposition to this petition. There were no interested parties to speak in favor or opposition to this petition. There was no discussion among the commissioners. Planning and Zoning Commission Action of ABD 14-03 on August 28, 2014 A motion was made by Commissioner Thompson to approve ABD 14-03 as recommended by staff. Commissioner Davis seconded the motion. The motion passed unanimously by a 6-0 vote. AYE: Chair Cardon, Commissioners Davis, Langenfeld, Ragsdale, Thompson and Washburn (Alt) NAY: None ABSTAINED: None ABSENT: Commissioner Arnold, Freeman, Jaques and Waldroup Motion passed 6-0 6  COMMUNITY DEVELOPMENT PETITION REPORT SUP 14-12 – 6001 Pryor Court Horse-keeping Planning and Zoning Commission Discussion of SUP 14-12 on August 28, 2014 Senior Planner Cynthia Lopez provided history for this petition, stating that the previous special use permit was for 2 horses. The previous petition had expired and was identified during the summer. The petitioner was notified that he would have to resubmit an application to this Commission. She added that this area/community is rural in nature and that the petitioner has met all the conditions that were part of the original special use permit, which was also for 2 horses. Ms. Lopez stated that staff is recommending approval. Commissioner Thompson asked about the process of catching these special use permits prior to expiration and if it is a requirement to have a time limit on the special use permit. Ms. Lopez stated that there is now a process in place and that is why this is the second special use permit to come back before the Commission. She added that staff is not asking for a time limit as a condition to the approval. Mr. Jack Smalley of 5611 Tee Drive stated that he had read and reviewed staff’s report and had nothing further to add. There were no questions of Mr. Smalley from the Commission. Tammy Nothstine of 6003 Pryor Court stated that she lives just south of Mr. Smalley’s property. She added that Mr. Smalley rents out the property and according to the code (6.1.5) the area should be kept clean. She stated that the other surrounding neighbors clean their corrals. She said that the neighbors at Mr. Smalley’s have not been good at cleaning up after the horses and that during a heavy rain, the manure/water mix runs down onto her property. Commissioner Thompson asked if this has been ongoing. She stated yes, but she did not report the neighbors. The previous ones (renters) did clean up after their horses, sometimes. The current renter does not clean up after the horses. Commissioner Thompson asked if she has horses. She answered no, but most of the neighbors do. Commissioner Ragsdale asked if the horses belong to the renters. Ms. Nothstine stated she believed that they did. Mr. Smalley stated that this is the first he has heard that his renters are not maintaining the property. He added that he is available by phone and that the lease states that the renters must take care of the property. He stated that he only checks on the property about every other month. Chair Cardon asked if the horses belonged to Mr. Smalley. He stated no, they belong to the renters. Commissioner Langenfeld asked if during a visit to his property if he had ever noticed a problem with the upkeep. Mr. Smalley stated no, he had not. There were no affected parties to speak in favor or opposition to this petition. There were no interested parties to speak in favor or opposition to this petition 7 Commissioner Thompson asked if there is a 3-strike rule that would revoke the special use permit. Ms. Lopez stated that if it is a public nuisance it can be revoked, but there must be documentation. Director Holton stated that a revocation would have to come before this Commission and also the City Council. Commissioner Davis asked the other commissioners if they should place a condition specifying a time frame. Commissioner Thompson stated that the neighbors are now aware that Code Compliance should be notified if there are issues surrounding the horse keeping. Commissioner Davis agreed with that reasoning and negated his suggestion of a time frame. Director Holton shared that the Code Compliance Officers are part of the Police Department which is responsible for enforcing the Farmington City Code. Planning and Zoning Commission Action of SUP 14-12 on August 28, 2014 A motion was made by Commissioner Thompson, seconded by Commissioner Ragsdale, to approve Petition SUP 14-12, a request from Jack Smalley, for a special use permit to keep 2 horses on 2.54 acres on property located at 6001 Pryor Lane. The motion passed unanimously by a 6-0 vote. AYE: Chair Cardon, Commissioners Davis, Langenfeld, Ragsdale, Thompson and Washburn (Alt) NAY: None ABSTAINED: None ABSENT: Commissioner Arnold, Freeman, Jaques and Waldroup Motion passed 6-0 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: Senior Planner Cynthia Lopez stated that the August 26, 2014, City Council Meeting was cancelled and all petitions have been scheduled for September 9, 2014. Ms. Lopez introduced the new Community Development Long Range Planner, John Shepard. Mr. Shepard shared his experience and education and stated he was looking forward to working with the Commission in the future. Adjournment The Planning and Zoning Commission meeting of August 28, 2014, was adjourned at 3:25p.m. __________________________ ____________________________ Joyce Cardon Dee Dee Moore Chair Secretary to Commission 8