Planning & Zoning

A G E N D A Planning & Zoning Commission City Council Chambers – 800 Municipal Drive March 12, 2015, at 3:00 p.m. Item Page 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the February 26, 2015 P&Z Meeting 37 4 Petition No. SUP 15-01 – a request from Barbara McSmith for a Special Use 1 Permit for a non-conforming residential use in the GC General Commercial District for property located at 704 W. Animas 5 Petition No. PD 15-01 - a request from La Plata Holdings LLC, represented by Paul Silverman, for an amendment to the PD, Planned Development (PD 14-02) for property located north of Pinon Hills Blvd. and east of La Plata Highway. NOTE: This petition will not be heard at the March 12, 2015 P&Z meeting as the petitioner continues to work with City staff to bring forward a completed application for the Planning and Zoning Commission review. 6 Petition No. PD 15-02 – a request from DropTine Investments LLC, represented 12 by Tyson Quail, Quail Law Firm LLC, for a Planned Development PD to allow a free-standing electronic sign with offsite advertising for Crossroads Community Church located at 2400 N. Butler Ave. The current zoning of the property is SF-7 Single Family residential. 7 Business from: Floor: Chairman: Members: Staff: 8 Adjournment The recommendation of the Planning and Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, March 24, 2015. 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 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36  MINUTES PLANNING & ZONING COMMISSION February 26, 2015 The Planning and Zoning Commission met in a regular session on February 26, 2015 at 3:00 p.m. in the City county Chambers, 800 Municipal Drive, Farmington, New Mexico P&Z Members Present: Acting Chair, Clint Freeman Shay Davis Cheryl Ragsdale Cody Waldroup Del Washburn P&Z Members Absent: Chair, Joyce Cardon Rory Jacques Kristin Langenfeld Paul Thompson Staff Present: Russell Frost Mary Holton Cynthia Lopez Sam Montoia Karen Walker Others Who Addressed the Commission: Cory Edgar Steve Melloy Robert Morris Joe Schrag Call to Order The meeting was called to order at 3:03 p.m. by Acting Chair Freeman. There being a quorum present the following proceedings were duly had and taken. Presentation of the Agenda There were no changes to the agenda. Approval of the Minutes A motion was made by Commissioner Cheryl Ragsdale and seconded by Commissioner Cody Waldroup to approve the minutes of the February 12, 2015 P&Z Meeting. This motion was approved unanimously by a 5-0 vote. Those wishing to speak on Petitions were sworn in by Karen Walker. 37  COMMUNITY DEVELOPMENT PETITION REPORT Petition ZC 15-01 - Zone Change from SF-5 to GC South of the East end of E. 22nd St. Planning & Zoning Commission Discussion of Petition ZC 15-01 on February 26, 2015 Deputy City Attorney Russell Frost explained to the Commissioners that the recommendation made at the January 29, 2015 P&Z meeting on Petition ZC 15-01 needed clarification from the Board. The wording of the original proposal created two different zones to the property in question. Another issue was that the commissioners did not have authority to move the property boundary. Mr. Frost recommended an amended motion be approved to clarify where the zone change would be that was not based on property lines. Director Holton agreed with Mr. Frost’s explanation and reiterated that clarification needed to be made on the prior recommendation. Commissioners have the authority to reduce the area to be rezoned, but not to dictate where property lines can be located. Ms. Holton said the City Attorney, Jennifer Breakell, concurred with staff’s analysis to have the original recommendation brought back to the P&Z Commissioners for clarification. Associate Planner Sam Montoia presented the staff report. Zone Change 15-01 is a request from Robert Morris for a zone change from the (SF-5) Single Family District to the (GC) General Commercial District located at the end of East 22nd Street and north of Advantage Dodge to be developed as an overflow parking area for the dealership. This petition was seen previously at the January 29, 2015 P&Z meeting and was brought back for clarification. Mr. Montoia went over the proposed zone change condition of approval for ZC 15-01. The recommended boundary is approximately 60 feet north of the south property boundary, extending eastward from the current south boundary of the residential subdivision. Lot 3 would absorb the area to the north of the proposed zone change. The UDC does not recommend properties or parcels to have more than one zoning designation. The commentary in the UDC states that multiple zoning districts on a single parcel should be avoided. Mr. Montoia continued to show the UDC considerations and conditions for zone changes under UDC Sections 8.7.4 and 8.7.5. As the commission had recommended, the approximate acreage for the zone change is 60 feet by 230 feet, or approximately 13,800 square feet or approximately half of the proposed amount requested by the petitioner. Robert Morris, the current property owner, whose address is at P.O. Box 6767, Farmington, NM, stated that he was not able to attend the previous meeting on January 29, 2015. Mr. Morris stated that the area at the end of 22nd Street was never intended to be a cul-de-sac. Currently, it is a temporary turnaround. Mr. Melloy’s fence collects trash. The new owner would clean up the property and put in a cement block fence as a screen. Mr. Morris explained that the strip of land not included in the zone change would become part of one of the lots yet to be developed. 38 Steve Melloy, owner of Advantage Dodge, who resides at 5705 Chaparral Avenue, Farmington, NM, explained that he needs the property for storage parking. He had no intention of building on the property. The area would be cleaned up and a block wall fence would be built. Mr. Melloy explained that the reason the property in the proposed zone change did not continue up to 22nd Street is because they did not want to put a block wall toward the front of the houses on E. 22nd Street. The block wall would be on the north and west side of the proposed property. Mr. Melloy stated his reason to acquire the property was for storage of vehicles. He asserted that there may not be a need for lighting, but that he would follow City standards for such lighting. Joe Schrag, a property owner who resides at 2201 Terrance Ave., reiterated his opposition to the proposed zone change and stated that if a house will fit between the easement and the right-of-way, he would not have a problem with the zone change proposal. Cory Edgar, a homeowner who resides at 2200 Terrance Ave., said he was concerned with safety if commercial traffic is allowed. He was not opposed if a nice wall was built. Mr. Edgar’s only other concern is who would maintain the property if a house did not get built. Senior Planner Cynthia Lopez stated that a house could not be built on the easements. If a house can be designed to meet the setbacks, it can be built on this lot. The lot in question could also be made larger when the property went into the subdivision stage. Currently, there is an existing sewer line as shown on the plat. As far as maintaining the property, Ms. Lopez explained that Code Compliance will cite the owner if the property needed to be cleaned. Deputy City Attorney Frost advised the Commissioners on how to proceed with their recommendation to meet legal requirements. He advised the commission to amend the recommendation as originally proposed or to dissolve the prior recommendation and make a new motion to comply with Quasi-judicial proceedings. Minutes from the January 29, 2015 meeting can be taken into account. Acting Chair Freeman asked for a motion to adopt the minutes from January 29, 2015 as part of the present P&Z meeting. A motion was made by Commissioner Ragsdale and seconded by Commissioner Davis to adopt the minutes from January 29, 2015 as part of the present P&Z meeting. The motion passed by a 5-0 vote. Mr. Edgar asked if the lot in question was not developed, could it be turned into a park. Director Holton explained that the P&Z Commissioners did not have jurisdiction over that parcel located outside the subject tract. Mr. Morris stated that he had considered making it into a park and had tried to contact Parks and Recreation. A park, in Mr. Morris opinion, would bring more traffic into the neighborhood. 39 Planning & Zoning Commission Action of Petition ZC 15-01 on February 26, 2015 A motion was made by Commissioner Waldroup and seconded by Commissioner Ragsdale to dissolve the original recommendation and to approve Petition ZC 15-01 as recommended by staff in the staff report of January 29, 2015 P&Z Meeting. The motion passed by a 5-0 vote. AYE: Acting Chair Freeman, Commissioners Davis, Ragsdale, Waldroup, and Washburn. NAY: None Abstained: None Absent: Chair Cardon, Commissioners Jacques, Langenfeld, and Thompson. Motion passed 5-0 Business from the Floor: There was no business from the Floor. Business from the Chair: There was no business from the Chair. Business from the Members: There was no business from the Members. Business from Staff: There was no business from Staff. Adjournment: The Planning and Zoning Commission meeting of February 26, 2015 was adjourned at 3:51 p.m. ____________________________ _____________________________ Clint Freeman Karen Walker Acting Chair Administrative Assistant 40