Planning & Zoning

A GENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive September 24, 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 September 10, 2015 P&Z Meeting 29 4 Petition No. SUP 15-04 – a request from Vera Matthews for a Special Use Permit 1 to allow one horse on less than one acre in the RE-1 Residential Estate Zoning District for property located at 5991 Hood Mesa Trail. (Steven Saavedra) 5 Petition No. SUP 15-05 – a request from Donna Granko and Deborah DeWees, 17 for a Special Use Permit for a nonconforming residential use in the General Commercial District for 2.17 acres for property located at 2902 Southside River Road. (Keith Neil) 6 Business from: Floor: Chairman: Members: Staff: 7 Adjournment The recommendation of the Planning and Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, October 13, 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  MINUTES PLANNING & ZONING COMMISSION September 10, 2015 The Planning and Zoning Commission met in a regular session on September 10, 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 Cody Waldroup Del Washburn P&Z Members Absent: Rory Jaques Paul Thompson Staff Present: Jennifer Breakell Cynthia Lopez Toni McKnight Keith Neil Steven Saavedra Karen Walker Others Who Addressed the Commission: Sherry Blackmon Virgil Chavez Keri Hutchins 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. 29 Approval of the Minutes A motion was made by Commissioner Davis and seconded by Commissioner Waldroup to approve the minutes of the August 27, 2015 P&Z Meeting. This motion was approved unanimously by a 7-0 vote. COMMUNITY DEVELOPMENT PETITION REPORT Final Plat for Amburn Estates Subdivision Petition FP 15-04 Planning & Zoning Commission Discussion of Petition FP 15-04 on September 10, 2015 Senior Planner Cindy Lopez presented the staff report for FP 15-04, a request from Michael Smith, represented by Sakura Engineering & Surveying, for a Final Plan for property located along County Road 3450 and approximately 2000 feet north of NM 516. The petitioner requests final plat approval of a 7-lot subdivision of approximately 7.25 acres located along CR 3451 including the address of 33 CR 3451. The preliminary plan was approved by City Council on June 25, 2015, with a waiver to requirements of improvements to adjacent, platted access specifically for Lots 1 and 2 as required by UDC Section 6.5. Ms. Lopez continued, per communication with San Juan County staff, this final plat is being viewed as a family exemption survey. Exemption surveys are not allowed to dedicate ROW (Right of Way). San Juan County maintains and will continue to maintain CR 3450 through this subdivision. These properties will not be required by San Juan County to improve access with this exemption survey. Staff concludes that the approval of Petition FP 15-04, Amburn Estates Subdivision, is appropriate. Sherry Blackmon of Sakura Engineering & Surveying, 125 W. Main, stated the lots adjacent to 3450 will have lot lines that go to the center line of the road per an agreement with the County and the City. Planning & Zoning Commission Action of Petition FP 15-04 on September 10, 2015 A motion was made by Commissioner Freeman and seconded by Commissioner Waldroup to approve Petition FP 15-04, a request from Michael Smith, represented by Sakura Engineering & Surveying, for a Final Plat for the Amburn Estates Subdivision with a waiver to requirements 30 of improvements to adjacent access specifically for Lots 1 and 2 as required by UDC Section 6.5 for property located along County Road 3450 and approximately 2000 feet north of NM 516. AYE: Chair Cardon, Commissioners Davis, Freeman, Langenfeld, Ragsdale, Waldroup, and Washburn. NAY: None Abstained: None Absent: Commissioners Jaques and Thompson. Motion passed 7-0 COMMUNITY DEVELOPMENT PETITION REPORT Final Plat for Flora Vista Hillside Estates Subdivision Petition FP 15-05 Planning & Zoning Commission Discussion of Petition FP 15-05 on September 10, 2015 Senior Planner Cindy Lopez presented the staff report for FP 15-05, a request from Michael Smith, represented by Sakura Engineering & Surveying, for a Final Plan for property located east of County Road 3451 and northeast of County Road 3450. The petitioner is requesting Final Plat approval for Flora Vista Hillside Estates Subdivision, a six- lot residential subdivision of 6.82 acres. The Preliminary Plan was approved by City Council on July 14, 2015 with a waiver to allow the 15 foot wide by approximately 280-foot long graveled access easement to be the only access from County Road 3451 to the private 60-foot wide access & utility easement ending in a cul-de-sac inside the subdivision. The residences have been using this roadway for several years. Ms. Lopez continued, per communication with San Juan County staff, this final plat is being viewed as a family exemption survey. Per San Juan County, exemption surveys are not allowed to dedicate ROW. These properties will not be required by San Juan County to improve access with this exemption survey. Staff concludes that the approval of Petition FP 15-05, Flora Vista Hillside Subdivision, is appropriate. 31 Sherry Blackmon of Sakura Engineering & Surveying, 125 W. Main, stated per recommendation from the County, easements and a driveway crossing lots 6B and 6C were added to the plat as they were currently in existence. Planning & Zoning Commission Action of Petition FP 15-05 on September 10, 2015 A motion was made by Commissioner Davis and seconded by Commissioner Freeman to approve Petition FP 15-05, a request from Michael Smith, represented by Sakura Engineering & Surveying, for a Final Plat for the Flora Vista Hillside Estates Subdivision with a waiver to allow the 15 foot wide by approximately 280 foot long graveled access easement to be the only access from County Road 3451 to the private 60 foot wide access & utility easement ending in a cul-de-sac inside the subdivision for property located east of County Road 3451 and northeast of County Road 3450. AYE: Chair Cardon, Commissioners Davis, Freeman, Langenfeld, Ragsdale, Waldroup, and Washburn. NAY: None Abstained: None Absent: Commissioners Jaques and Thompson. Motion passed 7-0 COMMUNITY DEVELOPMENT PETITION REPORT Preliminary Plan for Pyramid Petroleum Co. Petition PP 15-07 Planning & Zoning Commission Discussion of Petition PP 15-07 on September 10, 2015 Associate Planner Steven Saavedra presented the staff report for PP 15-07, a request from Tommy Ruff of Pyramid Petroleum Co., represented by Cheney-Walters-Echols, for a preliminary plan for property located at E. Piñon Street and S. Miller Avenue. The area is approximately 5.42 acres. This property is located in the IND Industrial Zoning District. There are no minimum lot size requirements in the IND Industrial Zoning District. The preliminary plan requests a lot consolidation and a lot split, with street dedication of 140 square feet on the corner of W. Miller and Piñon St. The Preliminary Plan is carving out 1.10 acres of land to the west, where Garden Party Tents & Events is currently located. On June 19, 2015 the building to the east of the property was destroyed by a fire. The remains of the 32 destroyed building are enclosed by a chain link fence. The petitioner intends to use the subject property for commercial purposes. Chair Cardon asked if the building that caught fire is scheduled to be demolished. Mr. Saavedra stated the owner of the subject property plans to demolish and remove the building. However, no timeframe has been set. Farmington’s Fire Department believes it is in the best interest of the community for the building to be demolished and removed. Staff concludes that the approval of Petition PP 15-07 Pyramid Subdivision is appropriate. Ms. Lopez stated the purpose of this Preliminary Plan was to approve the dedication of the street on the corner of Piñon and Miller. The City wants to create a corner with an improved turning radius for trucks. A street dedication is required to go through the Planning & Zoning and City Council approval process. Planning & Zoning Commission Action of Petition PP 15-07 on September 10, 2015 A motion was made by Commissioner Waldroup and seconded by Commissioner Washburn to approve Petition PP 15-07, a request from Tommy Ruff of Pyramid Petroleum Co., represented by Cheney-Walters-Echols, for a preliminary plan for property located at E. Pinon Street and S. Miller Avenue. AYE: Chair Cardon, Commissioners Davis, Freeman, Langenfeld, Ragsdale, Waldroup, and Washburn. NAY: None Abstained: None Absent: Commissioners Jaques and Thompson. Motion passed 7-0 Swearing in of Witnesses All parties that wished to speak on behalf of the agenda item were sworn in by Karen Walker. COMMUNITY DEVELOPMENT PETITION REPORT Special Use Permit for Conoco Phillips Co. Petition SUP 15-03 33 Planning & Zoning Commission Discussion of Petition SUP 15-03 on September 10, 2015 Associate Planner Steven Saavedra presented the staff report for SUP 15-03, a request from Conoco Phillips Co., represented by Keri Hutchins, for a Special Use Permit for outside storage of three propane tanks and six fueling kiosks for property located at 4551 Herrera Road on 30.30 acres. The petitioner is requesting a special use permit for the storage of hazardous materials and a waiver to the Farmington City Code, Section 13-3-2, to allow three (3) 1,990 gallon above ground propane tanks for Conoco Phillips in the IND Industrial District. Conoco Phillips is converting their fleet of vehicles to propane. Mr. Saavedra continued to explain the 30.30 acre parcel is located in City and County limits, but the intended site of the three propane tanks and six fueling kiosks are within the 2.5 acres in the City limits. Staff concludes that the installation of three (3) 1,990 gallon above ground propane tanks on 2.5 acres of the 30.30 acre parcel of land is appropriate subject to the following conditions: • Dispensing of fuel will be used solely by ConocoPhillips and not for public consumption. • The City of Farmington requires Conoco Phillips to participate in paving Herrera Road, should the City of Farmington pave the road in the next 10 years. The cost of participation will be calculated by their street frontage. ConocoPhillips waives their right to protest. Keri Hutchins, a representative of Conoco Phillips, 3401 E. 30th Street, stated that Conoco Phillips was concerned about waiving their right to protest should the road be paved. Conoco Phillips management would like to be an active participant in paving negotiations. Ms. Hutchins said management would want to know when paving will happen and how much it will cost. Chair Cardon said it would be difficult to give an estimate or particular date at this time, but the request will be entered into documentation and will be submitted when this petition goes to City Council. Commissioner Freeman asked for legal counsel on the language as far as Conoco Phillips waiving the right to protest. Jennifer Breakell, City Attorney for the City of Farmington, explained waiving the right to protest was standard language used to deter entities from holding up an entire paving district that could harm other neighbors. Typically paving costs are based on the percentage of road frontage or the percentage of use. The language was inserted at the request of the Public Works Department. Ms. Hutchins commented that Conoco Phillips 34 is in favor of paving the road and wants to be an active participant in the negotiations. Ms. Lopez said that typically the City will negotiate with all parties in a paving district prior to assessing a fee for paving the street. Ms. Lopez explained that a condition that Conoco Phillips pave the road now could have been added to the current Special Use Permit. However, staff felt that the road improvements were not necessary at this time but may be needed in the future. Therefore, staff felt this condition would better fit the current situation. The City used the ‘waiver to protest’ verbiage to insure that Conoco Phillips will participate in the cost of the paving when the City is ready to pave. Planning & Zoning Commission Action of Petition SUP 15-03 on September 10, 2015 A motion was made by Commissioner Freeman and seconded by Commissioner Waldroup to approve Petition SUP 15-03, a request from Conoco Phillips Co., represented by Keri Hutchins, for a Special Use Permit for outside storage of three propane tanks and six fueling kiosks for property located at 4551 Herrera Road on 30.30 acres with the following conditions: • Dispensing of fuel will be used solely by ConocoPhillips and not for public consumption. • The City of Farmington requires Conoco Phillips to participate in paving Herrera Road, should the City of Farmington pave the road in the next 10 years. The cost of participation will be calculated by their street frontage. ConocoPhillips waives their right to protest, and will openly participate in the negotiation process with the City. AYE: Chair Cardon, Commissioners Davis, Freeman, Langenfeld, Ragsdale, Waldroup, and Washburn. NAY: None Abstained: None Absent: Commissioners Jaques and Thompson. Motion passed 7-0 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: Petition PP 15-06, a request from Piñon Hills Community Church, represented by George Walters of Cheney-Walters-Echols Inc., for a preliminary plan for the dedication of Dustin Avenue on the east side of their property located at 5101 N. Dustin passed on consent at the September 8, 2015 City Council Meeting. 35 Adjournment: With no further business and a motion by Commissioner Davis and seconded by Commissioner Ragsdale, the Planning and Zoning Commission meeting of September 10, 2015 was adjourned at 3:38 p.m. ____________________________ _____________________________ Joyce Cardon Karen Walker Chair Administrative Assistant 36