Planning & Zoning

A GENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive October 15, 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 24, 2015 P&Z Meeting 16 4 Petition No. SUP 15-06 – a request from United Rentals, represented by Robert 1 Echols of Cheney-Walters-Echols, for two new (500 gallon) above-ground fuel tanks on 4.34 acres, located at 171 S. Browning Parkway. (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, October 27, 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  MINUTES PLANNING & ZONING COMMISSION September 24, 2015 The Planning and Zoning Commission met in a regular session on September 24, 2015 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico P&Z Members Present: Chair-Joyce Cardon Rory Jacques Kristin Langenfeld Paul Thompson Cody Waldroup Del Washburn P&Z Members Absent: Shay Davis Clint Freeman Cheryl Ragsdale Staff Present: Cynthia Lopez Toni McKnight Keith Neil Steven Saavedra Andrea Jones Others Who Addressed the Commission: Donna Granko Alan Huntsman Vera Matthews 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 Thompson and seconded by Commissioner Langenfeld to approve the minutes of the September 10, 2015 P&Z Meeting. This motion was approved unanimously by a 6-0 vote. 16 Swearing in of Witnesses All parties that wished to speak on behalf of any agenda item were sworn in by Andrea Jones. COMMUNITY DEVELOPMENT PETITION REPORT Petition SUP 15-04 – Special Use Permit for Horse Keeping at 5991 Hood Mesa Trail Planning & Zoning Commission Discussion of Petition SUP 15-04 on September 24, 2015 Associate Planner Steven Saavedra presented the staff report for SUP 15-04, a request from Vera Matthews for a Special Use Permit 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. The petitioner requests a special use permit to keep one horse on a 0.67-acre property that is a single-family residence. Mr. Saavedra explained that in 2005, the Administrative Review Board approved ARB 05-10 which allowed a 0.33 acre reduction in the minimum lot size of the 1.0 acre to provide a right- of-way for Hood Mesa Trail, resulting in the property being reduced to 0.67 acres. There was a zoning map error which showed the property at 5991 Hood Mesa Trail to be zoned RA, Rural Agricultural. The property was actually in the RE-1, Residential Estate Zoning District. Prior to the adoption of the UDC requiring one acre per horse, the City of Farmington allowed a horse on 10,000 square feet per grazing area. The subject property currently has an open-face shed and portable fencing. The fenced off area needs to be at least 10,000 square feet for the horse. Staff concludes that approval of SUP 15-04 is appropriate subject to the following condition: • Petitioner is required to obtain a building permit for the open-faced shed and fence. • A minimum of 10,000 square feet of grazing area for the horse. Vera Matthews, 5991 Hood Mesa Trail, briefly reviewed her horse’s attributes and stated that she takes very good care of the horse and maintains the property well. She stated that she would prefer to keep the temporary, portable fencing but would do whatever the City mandated to obtain the SUP. 17 Alan Huntsman, 6115 Hood Mesa Trail, spoke in support of Ms. Matthews stating she takes good care of her horse, the fencing is adequate and she maintains the property well. He pointed out that several properties have horses, including his. A motion was made by Commissioner Thompson to approve Petition SUP 15-04, a request by Vera Matthews, for a Special Use Permit to keep one horse at 5991 Hood Mesa Trail, with the condition that the petitioner is required to obtain a building permit only for the open-faced shed, and a waiver to the requirement of one acre per horse to allow one horse on 0.67 acres. The motion died for lack of a second. Commissioner Thompson asked for Mr. Huntsman’s opinion on the temporary fencing. Mr. Huntsman stated that he felt it was adequate but permanent perimeter fencing would make it safer in case the horse got out of the temporary fencing. Mr. Saavedra reported that the permit requires a designated area for the fence. Chair Cardon noted that something permanent is needed for the safety of the horse since the road runs right by the property. Senior Planner Lopez stated that staff is recommending 10,000 square feet be fenced permanently and then Ms. Matthews would still be able to move the temporary fencing around within the permanently fenced area. Planning & Zoning Commission Action of Petition SUP 15-04 on September 24, 2015 A motion was made by Commissioner Waldroup and seconded by Commissioner Washburn to approve Petition SUP 15-04, a request from Vera Matthews for a Special Use Permit to keep one horse at 5991 Hood Mesa Trail with a waiver to the requirement of one acre per horse to allow one horse on 0.67 acres with the following condition: • Petitioner is required to obtain a building permit for the open-faced shed and fence. • A minimum of 10,000 square feet of grazing area for the horse. AYE: Chair Cardon, Commissioners Jaques, Langenfeld, Thompson, Waldroup, and Washburn. NAY: None Abstained: None Absent: Commissioners Davis, Freeman, and Ragsdale. Motion passed 6-0 18  COMMUNITY DEVELOPMENT PETITION REPORT Petition SUP 15-05 – Special Use Permit for Nonconforming Use of 2.17 acres Located at 2902 Southside River Road Planning & Zoning Commission Discussion of Petition SUP 15-05 on September 24, 2015 Associate Planner Keith Neil presented the staff report for SUP 15-05, a request from Donna Granko and Deborah DeWees for a Special Use Permit for a nonconforming residence in a GC General Commercial District for 2.17 acres for property located at 2902 Southside River Road. The petitioners are requesting a Special Use Permit for a nonconforming residential use in the GC-General Commercial District to allow structures to be rebuilt if destroyed by more than 50%. Mr. Neil reported the petitioners are attempting to list the property for sale. In order for a potential purchaser of the property to gain financing and insurance for this property, certain stipulations must be met. A zone change would not be beneficial because the property includes the main home and two additional accessory structures which would require a multi-family zone resulting in spot zoning. Mr. Neil pointed out that this SUP would only allow the structures to be rebuilt in the exact same manner and would not allow them to be expanded on. Staff concludes that approval of SUP 15-05 is appropriate in that it would allow a nonconforming residence to be rebuilt if destroyed by more than 50%. Donna Granko, 603 E. 39th Street, stated that the intention for the property is to sell it as a residence because it is the highest and best use, but noted that obtaining insurance and financing for a new owner would be difficult without a guarantee that the structures could be rebuilt if damaged. Responding to Commissioner Waldroup, Ms. Lopez reported that the SUP stays with the property even if sold and stated the property cannot be expanded on as is. Planning & Zoning Commission Action of Petition SUP 15-05 on September 24, 2015 A motion was made by Commissioner Langenfeld and seconded by Commissioner Thompson to approve Petition SUP 15-05, a request from Donna Granko and Deborah Dewees for a Special Use Permit to allow a nonconforming residential use to be rebuilt to the same size and location of the existing nonconforming use but not be expanded if destroyed by more than 50% in the GC General Commercial District for property located at 2902 Southside River Road. AYE: Chair Cardon, Commissioners Jaques, Langenfeld, Thompson, and Washburn. NAY: None 19 Abstained: None Absent: Commissioners Davis, Freeman, and Ragsdale. Motion passed 6-0 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: Ms. Lopez stated that petitions PP 15-07 and SUP 15-03 remained on the City Council consent agenda and were approved as presented. Adjournment: The Planning and Zoning Commission meeting of September 24, 2015 was adjourned at 3:50 p.m. ____________________________ _____________________________ Joyce Cardon Andrea Jones Chair Deputy City Clerk 20