Planning & Zoning

A GENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive June 11, 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 May 28, 2015 P&Z Meeting 13 4 Petition No. ZC 15-05 – a request from Martin Villa, Luis Dominguez, Clayton 1 Cribbs, and Marty Holt for a zone change from GC General Commercial to SF-7 SMHAO Single-family Residential with a Special Mobile Home Area Overlay for property located at 1002, 1003, 1005, and 1007 Don Rovin Lane. (Steven Saavedra) 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, June 23, 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  MINUTES PLANNING & ZONING COMMISSION May 28, 2015 The Planning and Zoning Commission met in a regular session on May 28, 2015 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico P&Z Members Present: Chair- Joyce Cardon Shay Davis Clint Freeman Kristin Langenfeld Cheryl Ragsdale Paul Thompson Cody Waldroup Del Washburn P&Z Members Absent: Rory Jacques Staff Present: Mary Holton Cynthia Lopez Toni McKnight Sam Montoia Steven Saavedra Karen Walker Others Who Addressed the Commission: Jeff Holmes Larry McLey Call to Order Chair Cardon called the meeting to order at 3:02 p.m. 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 Davis and seconded by Commissioner Freeman to approve the minutes of the May14, 2015 P&Z Meeting. This motion was approved unanimously by an 8-0 vote. 13 Swearing in of Witnesses All parties that wished to speak on behalf of any agenda item were sworn in by Karen Walker. COMMUNITY DEVELOPMENT PETITION REPORT Petition ZC 15-06-Zone Change from MF-L to GC District for property located at 941 Schofield Lane Planning & Zoning Commission Discussion of Petition ZC 15-06 on May 28, 2015 Associate Planner Montoia presented the staff report, a request from Larry McLey for a zone change from the MF-L Multifamily Low Density district to the GC, General Commercial District. The property is located at 941 Schofield Lane. The owner intends to sell the property to Budget Blinds which is located at 825 Sullivan Avenue, for light retail use. Budget Blinds will construct a new building for their business. There is Multifamily Low Density to the north and west of the property. The residential home to the north has a 6 foot wall. General Commercial is on the south and east sides of the property. Staff recommends denial of a change to GC, General Commercial for ZC 15-06, but approval of a zone change to the LNC, Local Neighborhood Commercial District as the most appropriate. The property is recommended to be commercial by the Comprehensive Plan. The development of a light retail establishment would be allowed in the LNC District while limiting more intense uses that are allowed in GC. A business in this location could provide services to the existing residential neighborhood to the north and west Mr. Montoia said. Installation of sidewalks at this location would be beneficial to the neighborhood and are required at the time of construction. Commissioner Freeman asked if the setbacks will be the same for LNC, Local Neighborhood Commercial and GC, General Commercial. Mr. Montoia said the setbacks to the north would be the same. The setbacks to the north and west would be 30 feet if it was zoned LNC. Because of residential protections in the GC, the setback along the west would be 26 feet and to the north it will be 30 feet. Setbacks in the GC along the south and east would be zero feet, and in the LNC, setbacks would be 30 and 20 feet respectively. Commissioner Thompson asked if the Planning & Zoning Board was permitted to change the zone requested by the petitioner. Director Mary Holton stated that the Board could change the zone as long as the zone classification was less permissive. Ms. Holton said staff’s 14 recommendation is to grant LNC, to protect the residential neighborhood. This would still allow the construction of the intended building for light retail use. Commissioner Waldroup cited the GC district that surrounds the residential property and asked why it was necessary to protect the residential neighborhood when most of the surrounding property is zoned General Commercial. Ms. Holton responded that the petitioner’s property immediately adjoins two residential properties and staff was looking at the Local Neighborhood Commercial zoning in terms of protecting the residential neighborhood that adjoins this particular property. Larry McLey, who resides at 5242 Juniper Place, stated he agrees with staff’s recommendation of protecting the residential properties, but if a different business were to buy the building in the future, they would need to come to the City for a zone change. Mr. McLey said several businesses could go into this location that would be acceptable if it were zoned GC, General Commercial. As General Commercial, it would give the property owner more uses. Mr. McLey stated he would rather the property be zoned General Commercial. Commissioner Freeman asked if the zoning dictated the size of the building. Mr. McLey said it did because with General Commercial, there would be 0 setbacks to the east and south and the building could be larger. Jeff Holmes of 825 N. Sullivan submitted handouts of the type of building he would like to build on the property. Mr. Holmes stated that he and his wife, Nancy, have owned Budget Blinds for 17 years and have leased commercial space during this time. He stated that it is difficult to find smaller commercial properties and this property will give them the chance to build their own facility. The building they wish to build is 3,200 square feet and will be used as a warehouse with offices. Mr. Holmes stated access to the building will be primarily from the alley by several large freight trucks. Mr. Holmes said he would like to construct the building to the north-west corner of the property. Commissioner Freeman said the placement to the north-west corner of the lot would not change much if the property is zoned Local Neighborhood Commercial or General Commercial. Mr. Freeman asked Mr. Holmes if he had a preference on the zoning. Mr. Holmes stated he would prefer General Commercial. Mr. Holmes’ proposed building will be 40 foot by 80 foot. Ms. Lopez stated that to the west side, Mr. Holmes has a 30-foot setback with Local Neighborhood Commercial and a 26-foot setback if General Commercial because of residential protections. 15 Planning & Zoning Commission Action of Petition ZC 15-06 on May 28, 2015 A motion was made by Commissioner Freeman and seconded by Commissioner Thompson to deny the (GC) General Commercial request for Petition ZC 15-06 and approve the (LNC) Local Neighborhood Commercial recommendation by staff. AYE: Chair Cardon, Commissioners Davis, Freeman, Langenfeld, Ragsdale, Thompson, and Washburn. NAY: Commissioner Waldroup Abstained: None Absent: Commissioners Jaques. Motion passed 7-1 Chair Cardon asked the Commissioners to explain their voting. Commissioner Thompson stated he voted aye because the LNC classification was a reasonable compromise and seems to meet the needs of the current purchaser of the property. The concern was that it seems to be a spot zoning issue with this as the only LNC, Local Neighborhood Commercial in the neighborhood. It appears to be a reasonable buffer between the current residential and existing GC, General Commercial zones. Commissioner Langenfeld stated she voted aye because the LNC, Local Neighborhood Commercial was more restrictive and certain businesses were not allowed. This would be better for the current residential area. Spot zoning was not a concern because both GC and LNC are commercial zones. Commissioner Washburn stated he voted aye. He agreed with both Commissioner Thompson and Commissioner Langenfeld. Chair Cardon stated she voted aye because as Commissioners, we are charged with the protection of citizens and residents who live in the area. There is also a need to go forward with the building. Commissioner Waldroup stated he voted nay because he felt for the future use of the property, it should be zoned GC, General Commercial which is the same as the surrounding area. Commissioner Ragsdale stated she voted aye because there would be plenty of room for the building as well as parking with the LNC, Local Neighborhood Commercial zoning. 16 Commissioner Freeman stated he voted aye because he felt LNC allowed for a good transitional zone between the neighborhood and the GC, General Commercial District. Commissioner Davis stated he voted aye because he thought LNC, Local Neighborhood Commercial was a good compromise. General Commercial may allow for more uses in the future, but LNC, Local Neighborhood Commercial will protect the neighborhood. 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: Senior Planner Lopez stated SUP 15-02, a request for additional outside storage at Wal-Mart, located at 1400 W. Main, and ZC 15-04, a request for a zone change from R-4 to GC, LNC and SF-10 for property located on Main and Beckland, remained on consent and were approved at the May 26, 2015 City Council Meeting. Adjournment: The Planning and Zoning Commission meeting of May 14, 2015 was adjourned at 3:33 p.m. ____________________________ _____________________________ Joyce Cardon Karen Walker Chair Administrative Assistant 17