Planning & Zoning

A GENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive November 12, 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 October 29, 2015 P&Z Meeting 10 4 Petition No. FP 15-06 – a request from Tommy Ruff of Pyramid Petroleum Co., 1 represented by Cheney-Walters-Echols, for a Final Plat for property located at E. Piñon Street and S. Miller Avenue. (Steven Saavedra) 5 Business from: Floor: Chairman: Members: Staff: 6 Adjournment Final Plats do not continue on to City Council Meetings. 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  MINUTES PLANNING & ZONING COMMISSION October 29, 2015 The Planning and Zoning Commission met in a regular session on October 29, 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 Jaques Staff Present: Cynthia Lopez Keith Neil Steven Saavedra Others Who Addressed the Commission: Leslie Dimmick Lerlyn Lillywhite 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 October 15, 2015 P&Z Meeting. This motion was approved unanimously by an 8-0 vote. 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 ABD 15-01 – Abandonment of Right-of-way Viento Place Planning & Zoning Commission Discussion of Petition ABD 15-01 on October 29, 2015 Associate Planner Steven Saavedra presented the staff report for ABD 15-01, a request from Dimmick Family Partners, represented by Leslie Dimmick, for the abandonment of a 423.67 foot long right-of-way, which is a cul-de-sac, named Viento Place in the IND Industrial District, located to the east of Viento Avenue between Piedras Street and Lomas Street. Mr. Saavedra explained the cul-de-sac is part of the Harper Hill Industrial Subdivision. The Subdivision was recorded in 1977. Six (6) lots abut Viento Place. There is no evidence of continual use of the unimproved cul-de-sac. All of the lots in the subdivision have access to either Piedras Street or Lomas Street. All of the abutting property owners authorized the abandonment of the right-of-way in writing. However, the owner of Lots 8 and 9, the Jerris Group, conditionally approved the agreement. That approval is dependent upon a cost benefit analysis from their attorney. If City Council approves the abandonment of the right-of-way, the property owners will need to submit a replat of the Harper Hill Industrial Subdivision to reflect the change in the property. Ms. Dimmick wishes to use her property, Lot 14, for rental storage and will be fencing off the area. Staff concludes approval of ABD 15-01 is appropriate. Leslie Dimmick of 15 Road 3649, Aztec, stated she had spoken with George Walters of Cheney- Walters-Echols Engineering and Surveying about replatting the property. The cost is $350 per lot to have the replat completed. Planning & Zoning Commission Action of Petition ABD 15-01 on October 29, 2015 A motion was made by Commissioner Davis and seconded by Commissioner Waldroup to approve Petition ABD 15-01, a request from Dimmick Family Partners, represented by Leslie Dimmick, for the abandonment of 423.67 foot long right-of-way, which is a cul-de-sac, named Viento Place in the IND Industrial District located to the east of Viento Avenue between Piedras Street and Lomas Street. AYE: Chair Cardon, Commissioners Davis, Freeman, Langenfeld, Ragsdale, Thompson, Waldroup, and Washburn. NAY: None Abstained: None Absent: Commissioner Jaques. Motion passed 8-0 COMMUNITY DEVELOPMENT PETITION REPORT Petition ZC 15-10 – Zone Change from GC to SF-7 6401 E. Main Street Planning & Zoning Commission Discussion of Petition ZC 15-10 on October 29, 2015 Associate Planner Steven Saavedra presented the staff report for ZC 15-10, a request from Ross and Lerlyn Lillywhite for a Zone Change from GC General Commercial to SF-7 Single Family Residential for 0.4351 acres for property located at 6401 E. Main Street. The property is a legal nonconforming structure. This zone change request from GC General Commercial to SF-7 Single-Family Residential would allow the residential property owner to rebuild their residential home if ever destroyed by fire or other causes. The requested zone change brings the petitioner’s residential home into conformity and character with the neighborhood to the south. However, GC General Commercial zoning is to the North, East, and West of the subject property. The petitioner intends to transfer the property to a family member for residential use in the future. The zone change will allow the residential property to be eligible for mortgage purposes. Staff concludes approval of ZC 15-10 is appropriate. Commissioner Freeman inquired as to where the access was for the residence. Mr. Saavedra said access comes from the Lillywhite stone yard next to the residence. This was not a concern at this time because the same family owned both properties and the properties have been in the family for several generations. If either property was sold outside the family, an access agreement or alternate access would become necessary. Ms. Lopez added that access could also come directly from Main Street for the home. Commissioner Langenfeld commented that she would rather see the petition as an SUP Special Use Permit rather than a ZC Zone Change. Ms. Langenfeld’s concern stemmed from the fact that most of the surrounding property was zoned GC General Commercial. She stated that GC is what is called for in the Comprehensive Plan for the City along that part of Main Street. Chair Cardon asked if there could be recommendations to have the zoning of the property revert back to GC if it was ever sold outside of the family. Ms. Lopez explained that the property would have to go through a re-zoning process to change it back to GC. Mr. Saavedra explained that if the residence was sold and the new owner wished to have it zoned GC, a petition could be submitted. Mr. Saavedra continued to explain that with an SUP, if the residence was destroyed by fire, the elements or other causes, reconstruction may be permitted provided the size and function of the destroyed buildings were not expanded upon. The owners would be permitted to reconstruct the current residence, but they would not be allowed to add on to the residence or build any type of exterior buildings such as a shed. With a ZC, if the residence was destroyed, the owner would be permitted to build an addition or exterior building. Lerlyn Lillywhite of 85 County Road 2553, Aztec, stated that the property is being sold to her son. He will be the co-owner of Lillywhite Stone. She commented that financial institutions prefer to have the zoning changed with a ZC rather than an SUP because there were fewer restrictions if the residence were ever destroyed. Commissioner Langenfeld asked how the property was taxed by the county. Ms. Lillywhite stated that when the property was divided when her in-laws purchased the property, the county mixed up the taxation and the residence was taxed commercially while the Lillywhite stone yard was taxed as a residence. This was just recently discovered and was in the process of being corrected. Planning & Zoning Commission Action of Petition ZC 15-10 on October 29, 2015 A motion was made by Commissioner Waldroup and seconded by Commissioner Ragsdale to approve Petition ZC 15-10, a request from Ross and Lerlyn Lillywhite for a Zone Change from GC General Commercial to SF-7 Single Family Residential for property located at 6401 E. Main Street. AYE: Chair Cardon, Commissioners Davis, Freeman, Ragsdale, Thompson, and Washburn. NAY: Commissioner Langenfeld Abstained: None Absent: Commissioner Jaques. Commissioners were polled on their responses. Chair Cardon said she felt the change was appropriate because it has been a residence for a long time. Commissioner Davis said he felt there should not be a problem since the property has been a residence since 1967. Commissioner Freeman said he felt the zone change would not have an impact on the neighbors. Commissioner Langenfeld said she voted nay because she felt the zone change did not comply with the Comprehensive Plan. Commissioner Ragsdale said she felt it was appropriate because it was close to other residences. Commissioner Thompson said the explanation that a ZC could become a GC later if needed satisfied him. Commissioner Waldroup said he felt the zone change was for the greater good of the people involved. Commissioner Washburn said he agreed with Commissioner Freeman. Motion passed 7-1 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 petition SUP 15-06 for United Rentals remained on the City Council consent agenda and was approved as presented. Petition SUP 15-04 was approved with the condition that Ms. Matthews put a permanent fence around the property, obtain permits for the fence and the horse shelter, and follow UDC and City Codes for the maintenance and care of the horse. Adjournment: The Planning and Zoning Commission meeting of October 29, 2015 was adjourned at 3:37 p.m. ____________________________ _____________________________ Joyce Cardon Karen Walker Chair Administrative Assistant