Planning & Zoning

A GENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive April 16, 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 March 26, 2015 P&Z Meeting 33 4 Approval of the Open Meetings Resolution 32 5 Petition No. SUP 15-02 – a request from Wal-Mart #3428, represented by 1 Heather Carter for a Special Use Permit for an additional area of outside storage on property located at 1400 W. Main Street. (Steven Saavedra) 6 Petition No. PP 15-01 - a request from Joe Kozimor, represented by George 21 Walters of Cheney-Walters-Echols, Inc., for a preliminary plan for 1.45 acres located west of Starling Lane and Little Creek Subdivision (Phase V). (Sam Montoia) 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, April 28, 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  MINUTES PLANNING & ZONING COMMISSION March 26, 2015 The Planning and Zoning Commission met in a regular session on March 26, 2015 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico P&Z Members Present: Chair, Joyce Cardon Clint Freeman Rory Jacques Kristin Langenfeld Cheryl Ragsdale Paul Thompson Cody Waldroup P&Z Members Absent: Shay Davis Del Washburn Staff Present: Bob Campbell Russel Frost Mary Holton Cynthia Lopez Sam Montoia Steven Saavedra David Sypher Charlie Trask Karen Walker Others Who Addressed the Commission: John Anderson Sherry Blackmon Tyson Quail Ken Weisheit Call to Order Chair Cardon called to order at 3:04 p.m. There being a quorum present the following proceedings were duly had and taken. Presentation of the Agenda Senior Planner Lopez amended the agenda for item 4, SP 15-07, United Food Store; instead of a “maximum of 150 feet to 297 feet in length” it should read to ‘294.67 feet in length’. Item 5, PD 15-02, DropTine Investments, LLC, reads “by Tyson Quail, Quail Law Firm LLC, for a Planned Development PD with a waiver”. Strike ‘with a waiver’ and write in ‘to allow’. 33 Approval of the Minutes A motion was made by Commissioner Clint Freeman and seconded by Commissioner Kristen Langenfeld to approve the minutes of the March 12, 2015 P&Z Meeting. This motion was approved unanimously by a 7-0 vote. Those wishing to speak on Petitions were sworn in by Karen Walker. COMMUNITY DEVELOPMENT PETITION REPORT Petition SP 15-07 – UNITED Summary Plat Request for a waiver to the maximum depth of a flagpole on a lot located at 5697 Highway 64 in Tier 3 of the City’s PPJ Planning & Zoning Commission Discussion of Petition SP 15-07 on March 26, 2015 Associate Planner Saavedra presented the staff report, a request for a waiver to the subdivision standards Section 6.4.5(C) of the Unified Development Code. Section 6.4.5 (C) states the depth of the flagpole or panhandle shall not exceed 150 feet as measured from the adjacent public or private street right-of-way. United Summary Plat would create two lots. Lot 1 is to be 1 acre and Lot 2 is to be 1.33 acres. Lot 2 has a proposed flagpole. The 7-2-11 Store No. 1 will be located on Lot 1 and Lot 2 is currently vacant. Farmington’s UDC allows flag lots as long as certain requirements are met, including the lot having at least 24 feet of frontage on a dedicated public or private street. The length of the pole portion cannot exceed 150 feet without a waiver. The City takes a ‘three-tiered’ approach to development standards. In the case of Tier 3 summary plats, the City defers many standards to San Juan County. Staff recommends approval of the waiver request for Petition SP 15-07 UNITED Summary Plat, submitted by United Food Store No. 1, to waive the required subdivision standard that sets a maximum 150-foot long depth for a flagpole to allow a flagpole for Lot 2 to be 294.76 feet in length, with the following conditions to be included in a plat note: Access to Lot 2 shall comply with the requirements of the San Juan County Fire Department, and in the event of further subdivision of this plat, that a private road be constructed and maintained by all property owners. Commissioner Thompson asked if the San Juan County Fire Code had any requirements. Larry Hathaway, General Services Administrator for San Juan County, stated that the Fire Department is typically concerned with the turning radius of fire trucks. Chair Cardon asked if the property was in city limits and if the property was serviced by the City or the County. Mr. Saavedra stated the property was at the edge of the Farmington Planning and Platting Jurisdiction, but is actually in the county. 34 Sherry Blackmon, who works for Sakura Engineering and Surveying at 125 West Main Street, stated that Sakura was proposing an access easement across the front of the property parallel with Highway 64. The 7-2-11 store does not need the full 2 ½ acre property. The length of the first lot, which is one acre, needs to incorporate the current septic and leach field which is why a flag lot is requested for the back portion. Ms. Blackmon stated the pole portion of the flag lot was located on the east side because there was an elevation change between the 7-2-11 store and the back portion. The width of the pole portion is designed to accommodate future development. Planning & Zoning Commission Action of Petition SP 15-07 on March 26, 2015 A motion was made by Commissioner Freeman and seconded by Commissioner Waldroup to approve Petition SP 15-07 as recommended by staff. AYE: Chair Cardon, Commissioners Freeman, Jaques, Langenfeld, Ragsdale, Thompson, and Waldroup. NAY: None Abstained: None Absent: Commissioners Davis and Washburn. Motion passed 7-0 COMMUNITY DEVELOPMENT PETITION REPORT Petition PD 15-02-Planned Development Amendment for CROSSROADS COMMUNITY CHURCH 2400 N. Butler Ave. Planning & Zoning Commission Discussion of Petition PD 15-02 on March 26, 2015 Associate Planner Saavedra presented the staff report, a request for a zone change from the SF- 7 Single-Family Residential District to the ZC/PD Zone Change/Planned Development District and approval of a programmable sign for off-site advertisement. The petitioners are Droptine Investments and Crossroads Community Church, represented by Tyson Quail. The property is located at 2400 North Butler Avenue. A programmable sign is an allowed use in SF-7 Single-family Residential District. However, off- site advertising signs are not allowed. Crossroads Community Church is a legal non-conforming structure because the sanctuary size is greater than 4,000 square feet. A PD Planned Development would make the church and their free-standing sign conforming. 35 Mr. Saavedra presented pictures of similar off-site advertisement signs in the Farmington area, as well as similar on-site signs at other church buildings. Off-site signs on 20th Street are in a commercial corridor with a right-of-way greater than 60’. Section 5.8.7A (18) allows off-site signs and billboards on principal arterials. Butler Street is a minor arterial. Mr. Saavedra stated that the area surrounding Crossroads Community Church is SF Single Family residential. The sign will be visible in various directions by residential property owners. Mr. Saavedra showed a map of visual line-of-sight for people in the neighborhood if the sign was installed. Staff recommends approval of the programmable sign, but denial of off-site advertisement usage. Commissioner Freeman asked if the sign would be in compliance with the UDC code on lumen requirements. Mr. Saavedra stated that it was unknown how bright the sign would be. That issue would be decided by Building Inspection when a permit was issued. Tyson Quail, residing at 4000 E. 30th Street, is an attorney for and investor in Droptine Investments. Mr. Quail stated the sign will be made by Watchfire, which is a company that works with zoning all over the state. The sign automatically adapts to lighting conditions throughout the day and night. Mr. Quail felt it would not be a problem in regards to excessive illumination. Ken Weisheit, Executive Pastor of Crossroads Community Church, 2400 N. Butler, said the church was in full support of the sign. The sign will allow the church the opportunity to do more than the current sign will do. The owners of the sign, Droptine, have offered an opportunity to advertise the church activities. Mr. Weisheit added the sign would not be affordable with current church funds. Commissioner Ragsdale asked Mr. Weisheit if they would still build the sign if off-site advertising was not permitted. Mr. Weisheit said they would not. Commissioner Freeman asked if Crossroads Church would be permitted to advertise church activities if they were to obtain the sign. Mr. Saavedra stated yes, staff did not have issue with the church advertising for themselves. Commissioner Freeman asked if the only difference is with the messages that are displayed on the sign. Director Holton stated the issue has to do with off-site advertisement, which is a billboard. Ms. Holton said this is not viewed as an appropriate place for a billboard. This is not a commercial corridor. It has residential character. The church is nonresidential, but is a nonresidential use that fits within a residential neighborhood. Many churches throughout the city have programmable signs because of their location and zoning classification. Those programmable signs are relatively modest signs. The off-site signage advertising that has been proposed in this petition is very different in nature, and is typically along commercial corridors. That is what staffs perspective is on this petition. Commissioner Freeman made a motion which was seconded by Commissioner Ragsdale and then asked a question of staff if there were any programmable signs in the area on Butler north 36 of 30th Street or if there were any off-site programmable signs or billboards on minor arterials in the City. Senior Planner Lopez stated there were not. Mr. Quail asked to speak again. Deputy City Attorney Russel Frost stated that the discussion had already closed and Mr. Quail could not speak unless a question came from the Commissioners. Planning & Zoning Commission Action of Petition PD 15-02 on March 26, 2015 A motion was made by Commissioner Freeman and seconded by Commissioner Ragsdale to approve PD 15-02 to change the property to a planned development and to allow a free- standing programmable sign. AYE: Chair Cardon, Commissioners Freeman, Jaques, Langenfeld, Ragsdale, Thompson, and Waldroup. NAY: None Abstained: None Absent: Commissioners Davis and Washburn. Motion passed 7-0 A motion was made by Commissioner Thompson and seconded by Commissioner Waldroup for an amendment to PD 15-02 to change zoning to a planned development to allow a free- standing programmable sign, but to prohibit off-site advertising. AYE: Chair Cardon, Commissioners Freeman, Jaques, Langenfeld, Ragsdale, Thompson, and Waldroup. NAY: None Abstained: None Absent: Commissioners Davis and Washburn. Motion passed 7-0 A roll call was taken so that the Commissioners could express the reasons for their votes. Commissioner Jacques stated he felt the surrounding neighborhoods needed to be protected from a sign of that size and brightness. Commissioner Langenfeld stated she felt this was not an appropriate place for off-site advertising as it was a minor arterial. Chair Cardon said the commission had to abide by the laws in the UDC which was written for the protection of the neighborhood. Commissioner Waldroup said he felt the lighting was not appropriate for the surrounding neighborhood. Commissioner Freeman said this was an opportunity to set 37 precedence on where off-site programmable signs should be allowed. Commissioner Thompson stated that the sign was inconsistent with the neighborhood. COMMUNITY DEVELOPMENT PETITION REPORT La Plata Ranch – Planned Development Amendment PETITION PD 15-01 Planning & Zoning Commission Discussion of Petition PD 15-01 on March 26, 2015 Director Holton presented the staff report on Petition PD 15-01. Staff had been working with the petitioner to resolve outstanding issues since this item was tabled on January 29, 2015. Ms. Holton made corrections to the current memo on this petition. On the Memo page, under Subject, in the Additional Information for La Plata Ranch, the words “Addendum to the Staff Memo” should be struck. On page 4, paragraph where it is written ”In any event, whether the City Council grants a waiver to the first or second standard or does not grant either waiver, staff recommends that a condition be placed on the intersection that it should never to be signalized”, the word ‘to’ needs to be removed. On the first page of the Memo, paragraph 5, Ms. Holton asked the Commissioners to note that staff and the petitioner continue to work together to resolve all remaining technical details and issues in the Traffic Impact Analysis (TIA) as they pertain to the amendments to the La Plata Ranch planned development. Ms. Holton highlighted 3 major points in regards to details that have been worked out with the petition request. The first point is the request for a waiver to UDC 6.4.6B, which pertains to required access points. On February 11, 2015, staff met with the developer and worked out a compromise. The initial phase of La Plata Ranch will be served by La Plata Ranch Road with access to Pinon Hills Boulevard. Additional access improvements are required as the project is built, subject to four triggers. These four triggers are explained in more detail in the Additional Information to the Agenda. Staff recommends the waiver be approved. The second point is minor revisions to the Traditional Neighborhood Development (TND) code. On February 25, David Sypher, Public Works Director, requested the TND Code pages 5-2 through 5-5 be revised to call out a separate bike path in the note section, and that Chapter 8 of the TND Code 8.040 and 8.050 should include the requirement that the sign specifications shall also meet the requirements of the Manual on Uniform Traffic Control Devices (MUTCD) manual. The first request was addressed in a revised TND Code with a note indicated in red. The second part of that request can be resolved before City Council through revisions by the petitioner or as a condition on the PD. Staff is also recommending that the TND Code be revised to reflect that curb radii be a minimum of 15 feet, not a maximum, and that restricted parking be painted yellow and not red. The petitioner is working the details out with Mr. Sypher. 38 The third point is a requested waiver to the minimum access spacing standards approved for Pinon Hills Boulevard (previously named Glade Hills), by the City Council in 1981. The two standards are “Not more than one access point every one-quarter mile length of roadway, with a minimum separation on one-quarter mile between similar access points, where such access requires a median crossing,” and “Not more than one access point every 600 feet of roadway with a minimum separation of 600 feet between other access points, where such access does not require a median crossing.” A median crossing is the same as a full-service access. Initially, in 2013 when staff began meeting with the petitioner, staff told the petitioner they would support a ‘right-in/right-out’ design for the second access and that it would require a waiver to the second standard. The developer then asked staff to consider a ‘hooded left’ design. An example of this design is on Westbound East Main Street in Farmington going into Chili’s restaurant. The proposed distance between the La Plata Ranch Road and the Bayless Road access points is approximately 500-600 feet, which is below the one-quarter mile standard for a full-service access. The City Council has been consistent in requiring staff to implement the 1981 standards so that the roadway’s specific access policies are maintained and in order to protect adjoining property owner’s access to Pinon Hills Boulevard. Staff feels City Council will have to determine if a waiver will be allowed. Staff recommends that a condition be placed on the intersection that it should never be signalized because of its proximity to the development’s primary intersection. Staff supports a waiver on the second access point to standard number 2 only. This would allow access, but not a full-service access. Commissioner Cardon asked to have the access to La Plata Highway explained further. Ms. Holton stated there would be 4 triggers to the improvements required that includes that access. In the first phase, it would be built as an emergency access only. The developer will dedicate an 80 foot wide right-of-way. When specific triggers are met, the road would be built to NMDOT standards. These triggers deal with the public safety concerns from Community Development and the Fire Department. Instead of relying on the UDC for the number of dwelling units, this compromise would rely on traffic volume and flow. Staff would deal administratively with any issues of roundabouts, stop signs, or lights at the access points. John Anderson of 300 Broadway Boulevard, NE, Albuquerque, NM, stated that issues with the third access have been worked out with triggers that measure the average peak hour delays on Pinon Hills Boulevard at La Plata Ranch Road and Bayless Road. If the average delay is 45 seconds or more, the La Plata Highway intersection and the third access road would be made accessible. The idea is based on the function of the road, the capacity of the subdivision, and safety. Mr. Anderson apologized if the submittal of a roundabout in the beginning package was confusing. Commissioner Thompson asked Mr. Anderson if he was ok with staff recommendation ‘G’ which states that the access on Bayless Road will not have full-service access. Mr. Anderson stated that he would prefer a full access roundabout, but would support staff recommendation 39 that the Bayless Road access not be signalized. Mr. Anderson said two full-service accesses would be safer and easier for people using the road. A roundabout would help to reduce speed. The staff report recommends limited access. A roundabout would fall into the full access category. The applicant was trying to work with the City to cooperate with City Engineers. Staff recommended the second access to be limited access. Mr. Anderson stated that he would try to push for a roundabout at that intersection. Planning & Zoning Commission Action of Petition PD 15-02 on March 26, 2015 A motion was made by Commissioner Thompson and seconded by Commissioner Ragsdale to approve Petition PD 15-01 with recommendations of staff and conditions A-H. A. A Traffic Impact Analysis for the entire Master plan has been submitted to the City Engineer. The petitioner will continue to work with the Public Works Department of the City of Farmington on review and approval regarding access and subdivision improvements for on-site and off-site infrastructure design, traffic signals, street lighting, etc. All final designs shall be approved by City staff. ; And, B. The developer providing, at the first phase of development, a second access onto Piñon Hills Boulevard that meets the recommendations from the Traffic Impact Analysis and the requirements of the Unified Development Code; and, C. A copy of the New Mexico Department of Transportation permit allowing access to La Plata Highway being provided to the Community Development Department prior to the submittal of any preliminary plan for that phase of the development in accordance with the Unified Development Code; and, D. The developer shall prepare and submit the final set of covenants, conditions, and restrictions (CCR's), for the development prior to the submittal of the first final plat in accordance with UDC 6.10. Such CCR's shall fully comply with UDC 6.10, and shall include all provisions outlined in the draft CCR's submitted by the developer and dated August 7, 2014, and shall be recorded with all final plats for the development. The existing conditions should remain, except for Condition B and the noted underlined change to Condition A. The following additional conditions should be added: E. Street signs shall meet the requirements of the Manual on Uniform Traffic Control Devices (MUTCD) manual. F. The TND Code shall be revised to reflect that curb radii be a minimum of 15 feet, not a maximum, and that restricted parking be painted yellow and not red. 40  G. This PD is exempt from the minimum access spacing standards approved for Glade Hills (Pinon Hills) Boulevard by the City Council in 1981, but only to allow a second non-signalized access onto Pinon Hills Boulevard at Bayless Road within 600 feet of the Pinon Hills Boulevard and La Plata Ranch Road intersection, as shown on the Master Plan. This access shall not have full-service access, nor should it be signalized. H. In lieu of UDC 6.4.6B, the developer may utilize the “Four Triggers for Phasing Access,” which consists of: The initial phase of La Plata Ranch will be served by La Plata Ranch Rd with access to Pinon Hills Blvd. Additional access improvements are required as the project is built, subject to the following Four Triggers: 1. When the project exceeds 50 residential units the second access on Pinon Hills Blvd must be opened at Bayless Rd. 2. When the geometry of the early phases exceed the requirements of the Fire Code for a project with two access points, the road connecting to La Plata Hwy in the NW section of the site will be built initially as an emergency access, providing the additional access standards required under the Fire Code. The developer will dedicate an 80' wide right-of-way and construct the 20' wide emergency access road on a compacted road bed 24' wide. Access will be restricted to emergency vehicles with a FFD-approved crash gate. 3. If either of the two intersections along the Pinon Hills Blvd frontage reaches a level of congestion in which the peak hour average delay is 45 seconds or more, the crash gates will be removed and the third access road shall be used as part of the La Plata Ranch street network. 4. If, after the removal of the crash gates, the peak hour average delay at the Pinon Hills Blvd intersection reaches 45 seconds or more, the La Plata Hwy intersection and the 3rd access road will be improved to full NMDOT standards. In any case, the full improvements for the La Plata Hwy intersection and the 3rd access road shall be made prior to the acceptance of the final plat filing. AYE: Chair Cardon, Commissioners Freeman, Jaques, Langenfeld, Ragsdale, Thompson, and Waldroup. NAY: None Abstained: None Absent: Commissioners Davis and Washburn. Motion passed 7-0 41 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: Ms. Lopez stated at the March 24 City Council Meeting the Special Use Permit 15-01 for 704 Animas for a petitioner refinancing her home, passed on consent. Zone Change 15-03, SJ IPA, off Dustin and North of Pinon Hills Boulevard, was approved with the condition if it was not built in two years, the City Council could bring it back for rezoning back to the current zoning in a public hearing. A handout was given to each Commissioner on the New Mexico League of Zoning Officials (NMLZO) Commissioner Training May 6-8, 2015 in Albuquerque, NM. Ms. Lopez explained the Commissioner Training would be on Thursday, May 7, 2015. Randy Van Vleck, General Counsel for the NM Municipal League would be the speaker. Community Development offered to reimburse Commissioners for their registration fee. Another handout was given to each Commissioner on a Planning Commissioner Ethics webinar. The webinar will be held on Monday, April 20th in the Executive Conference Room, 800 Municipal Drive, Farmington, NM at 5:15 p.m. The fee will be covered by Community Development, and Commissioners were invited to attend. Community Development needs a commitment from at least two Commissioners to order the webinar. Adjournment: The Planning and Zoning Commission meeting of March 26, 2015 was adjourned at 4:19 p.m. ____________________________ _____________________________ Joyce Cardon Karen Walker Chair Administrative Assistant 42