Planning & Zoning

A GENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive June 25, 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 June 11, 2015 P&Z Meeting 63 4 Petition No. PP 15-04 – a request from Michael Smith, represented by Sakura 1 Engineering & Surveying, for a preliminary plan for property located to the east of County Road 3451 at #33 County Road 3450 in Tier II of the Farmington Planning and Platting Jurisdiction. (Cindy Lopez) 5 Petition No. PP 15-05 – a request from Michael Smith, represented by Sakura 29 Engineering & Surveying, for a preliminary plan for property located along County Road 3450 and approximately 2000 feet north of NM 516 in Tier II of the Farmington Planning and Platting Jurisdiction. (Sam Montoia) 6 Petition No. FP 15-01 – a request from Ron Bliss, represented by Sakura 39 Engineering & Surveying, for a final plan for a 5-lot subdivision located at 4423 Casa Bonita Dr. on 1.98 acres in the City of Farmington. (Steven Saavedra) 7 Petition No. FP 15-02 - a request from Joe Kozimor for a final plan for a 24-lot 49 subdivision west of Little Creek Subdivision Phase IV and south of Piedras Street. (Sam Montoia) 8 Business from: Floor: Chairman: Members: Staff: 9 Adjournment The recommendation of the Planning and Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, July 14, 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 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62  MINUTES PLANNING & ZONING COMMISSION June 11, 2015 The Planning and Zoning Commission met in a regular session on June 11, 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 Rory Jacques Kristin Langenfeld Cheryl Ragsdale Paul Thompson Cody Waldroup Del Washburn P&Z Members Absent: None Staff Present: Mary Holton Cynthia Lopez Steven Saavedra Karen Walker Others Who Addressed the Commission: Clayton Cribbs Luis Dominguez Tracy Holt Call to Order Chair Cardon called the meeting to order at 3:00 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 Ragsdale and seconded by Commissioner Waldroup to approve the minutes of the May 28, 2015 P&Z Meeting. This motion was approved unanimously by a 9-0 vote. 63 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 15-05 Zone Change from GC General Commercial to SF-7 SMHA Single-family Residential with a Special Mobile Home Area Overlay at Don Rovin Lane Planning & Zoning Commission Discussion of Petition ZC 15-05 on June 11, 2015 Associate Planner Steven Saavedra presented the staff report, a request from Martin Villa, Luis Dominguez, Clayton Cribbs, and Marty Holt for a zone change from GC General Commercial to SF-7 SMHA Single-family Residential with a Special Mobile Home Area Overlay for residential properties located at 1002, 1003, 1005, and 1007 Don Rovin Lane. The petitioners intend to bring their properties into conformance with other residential properties on Don Rovin Lane to the north. Currently the homes are located in the GC General Commercial Zoning district and are considered legal nonconforming pursuant to 9.1.2(B) of the Unified Development Code. Section 9.2.4 of the Unified Development Code states: “If a nonconforming use or structure containing a nonconforming use is destroyed by fire, the elements or other causes, it may not be rebuilt except in conformity with the provisions of this UDC. In the case of partial destruction of such a use not exceeding 50 percent of its replacement value, reconstruction may be permitted by special use permit, provided: the size and function of the nonconforming use shall not be expanded; and work on the restoration of the use must begin within six months and be completed within 12 months of the time of the calamity.” This zone change request from GC General Commercial to SF-7 SMHA Single-family Residential with a Special Mobile Home Area Overlay allows residential property owners to rebuild their residential homes if ever destroyed by fire or other causes. The residential properties north on Don Rovin Lane are zoned SF-7 SMHA. The requested zone change brings the petitioner’s residential homes into conformity and character with the neighborhood on Don Rovin Lane. Staff recommends approval of Petition ZC 15-05 for a zone change from GC General Commercial to SF-7 SMHA Single-family Residential with a Special Mobile Home Area Overlay for residential properties located at 1002, 1003, 1005, and 1007 Don Rovin Lane. 64 Commissioner Thompson asked why the residence at 1004 Don Rovin was not included in this petition. Mr. Saavedra stated that 1004 Don Rovin is owned by Randy and Sharon Jensen. A certified letter was sent to the Jensen’s and even after they were informed about the UDC code, their reply was that they did not want to partake in the zone change. Senior Planner Lopez stated that initially Ms. Holt came to the City due to parking issues with people who reside at 1004 Don Rovin. Ms. Holt was told the residents at that address were allowed to park on the street because the area was a GC General Commercial zone. Ms. Holt and the other residents in the area were not aware of the zoning and were concerned about protecting their properties. Tracy Holt of 1007 Don Rovin Lane stated she found out her residence was in a commercial zone when she came to the City. She was alarmed and did not want to risk the inability to rebuild her home if it were destroyed. Clayton Cribbs of 1005 Don Rovin Lane stated that he has owned his property for 25 years and has paid residential taxes. He was unaware that it was not in a residential zone. Luis Dominguez of 1003 Don Rovin Lane stated that he would like to see the zone changed to residential. Planning & Zoning Commission Action of Petition ZC 15-05 on June 11, 2015 A motion was made by Commissioner Langenfeld and seconded by Commissioner Waldroup to approve Petition ZC 15-05 for a zone change from GC General Commercial to SF-7 SMHA Single-family Residential with a Special Mobile Home Area Overlay at 1002, 1003, 1005, and 1007 Don Rovin Lane. AYE: Chair Cardon, Commissioners Davis, Freeman, Jaques, Langenfeld, Ragsdale, Thompson, Waldroup, and Washburn. NAY: None Abstained: None Absent: None Motion passed 9-0 65 Business from the Floor: Commissioner Thompson asked how the area represented in ZC 15- 05 on Don Rovin Lane had become a GC General Commercial District. Ms. Lopez said in the past an area was zoned based on how it might predominately be used in the future. Today zones are based on how the area is currently being used. Ms. Holt asked if it was possible for the whole street on Don Rovin to be zoned residential. Ms. Lopez stated that an area cannot be rezoned without the owner’s permission. Director Mary Holton stated that legally this part of the petition has already been closed and should not be discussed. 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 ZC 15-06, a request from Larry McLey for a zone change from the MF-L Multifamily Low Density District to the GC General Commercial District for property located at 941 Schofield Lane, which was approved by the Planning and Zoning Board for LNC Local Neighborhood Commercial as recommended by staff, was approved as GC General Commercial at the June 9, 2015 City Council Meeting. Adjournment: With no further business and a motion by Commissioner Davis and seconded by Commissioner Ragsdale, the Planning and Zoning Commission meeting of June 11, 2015 was adjourned at 3:17 p.m. ____________________________ _____________________________ Joyce Cardon Karen Walker Chair Administrative Assistant 66