Planning & Zoning

A GENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive March 24, 2016, at 3:00 p.m. Item Page 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the March 10, 2016 P&Z Meeting 90 4 Petition No. PP 16-03 – a request from Pat Messerli, represented by Cheney- 1 Walters-Echols, Inc., for a lot split for 8.70 acres located at the intersection of Cannery Court and Nelson Avenue. (Steven Saavedra) 5 Petition No. ZC 16-02 – a request from San Juan Regional Medical Center for a 13 Zone Change from OP Office Professional and MU Mixed Use zoning districts to IND Industrial for properties located at 804 F S. Drake Avenue and 710 S. Lake Street. (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, April 12, 2016. 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.  COMMUNITY DEVELOPMENT PETITION REPORT Cannery Subdivision Replat “B” Petition No. PP 16-03 A. STAFF REPORT, March 24, 2016 PROJECT INFORMATION Applicant Pat Messerli Representative Cheney-Walters-Echols Inc. Date of Application March 03, 2016 Requested Action Preliminary Plan Approval Location South of Broadway and proposed Nelson Ave Existing Land Use Vacant Existing Zoning Mix Use North: GC General Commercial – Commercial Surrounding Zoning & South: Mixed Use – Residential Land Use East: GC General Commercial – Commercial West: GC General Commercial – Commercial Subdivision Class Class 1 Notice Preliminary Plans do not require notice Staff Planner Steven Saavedra, Associate Planner SUBDIVISION INFORMATION Number of Lots 3 Acres of Land 8.70 acres Minimum Lot Size 0.49 acres Water: Per City standards. Utilities Sewer: Per City standards Electric: Per Electrical Engineering The developer will complete Nelson Ave, extending from Broadway to Access & Circulation Cannery Court Street Lights To City Standards Street Signs To City Standards Fire Hydrants To City Standards Drainage Per City Standards 1  PETITION REPORT PP 16-03 Page 2 GENERAL INFORMATION The petitioner requests a preliminary plan approval of a Class 1 subdivision for 3- lots. The area is approximately 8.70 acres and is located south of Broadway, where it intersects with the proposed Nelson Ave. The plat carves out 1A-1(3.28-Acres), lot 1A-2 (5.42-Acres), and Outlot 1(0.49-acres). According to Cheney-Walters-Echols Inc. a medical rehabilitation center is planned for Lot 1-1A. No other development plans for the remaining lots are known at this time. This plat illustrates Nelson Ave extending to West Broadway. The subject property is in the MU Mixed Use District. The proposed lots are vacant. Currently, Nelson Ave. does not extend to West Broadway. Pursuant to Plat Amendment Application Process Section 8.8.8A of the Unified Development Code “A resubdivision or replat shall be required for any revision or replat involving dedication, vacation or relocation of a public street or other public right-of-way.” Section 8.8.8B states: “All resubdivision and replats require application and processing in accordance with the preliminary and final plat procedures of subsection 8.8.9D and subsection 8.8.9E, respectively.” This preliminary plan is a replat of the Cannery Subdivision, recorded on December 07, 2009. Patrick Messerli agreed to conduct a second Traffic Impact Anlysis (TIA) for the Cannery Subdivison. On June 16, 2013 a revised Traffic Impact Analysis was submitted to the City of Farmington. ISSUES Community Development: Director Mary Holton – 505-599-1285  Public Works/Engineering needs to advise if Outlot 1 can be served by access from Broadway or Nelson Ave. is required to be constructed before any building permits are issued for any lots located within the plat. Electrical Engineering - Luwil Aligarbes – 505-599-8321  The developer is required to show on the plat if there is any existing overhead/underground power lines that belongs to Farmington Electric Utility System (FUES) on the property. Traffic Engineer: Charles Trask - 505-599-8201  The developer needs to improve Broadway, as agreed upon in the 2013 Traffic Impact Analysis (TIA) Public Works - City Engineer- Nica Westerling – 505-599-1316  Per the plans submitted for Nelson Ave, there is culvert conveying the water from the area in front of Ann's Restaurant. This culvert needs to be installed. The City only wants regional detention ponds to design. Public Works – Engineering – Toni Sitta – 505-599-1399  Please address who will maintain the Outlot? If it is to be utilized for Storm Drain Retention, what Lot(s) will be utilizing this area? The Outlot appears to be at a higher 2  PETITION REPORT PP 16-03 Page 3 elevation than Lot 1A-1 and Lot 1A-2. A signed maintenance agreement may be needed for the outlot and recorded with the plat.  Please submit an improvements agreement for Nelson Avenue to be recorded with the plat. Public Works: Ruben Salcido – 505-599-1284  Provide both water and sewer services for each in lot in accordance with City Standards.  It is our understanding the sewer main has been extended somewhat – there may be additional sewer adjustments required when Nelson Ave is extended to Broadway.  It is our understanding the water main will be extended and connected to Broadway with the development of the new road extension to Broadway.  We are not sure the purpose of the new “outlot” lot. Is this a “remnant” piece or is development proposed for the lot? What is the intent for this outlet lot? Legal: Deputy City Attorney-Russel Frost 505-599-1124  It appears that a traffic study is necessary to determine the traffic signal at Nelson and Broadway. A commitment to perform the traffic study and install the street and traffic control device at Nelson and Broadway should be required before allowing Petitioner to proceed with a building permit, given the excessive cost of street and traffic control device. Associate Planner: Steven Saavedra – 505-599-1282  Prior to any building permits issued, the completion of Nelson Ave needs to be constructed and completed to City Standards.  The developer(s) are required to install sidewalks prior to any building permits issued for any lots located with the plat.  The petitioner may need a permit from the Army Corp. of Engineers prior to developing the lots shown on the plat.  The Outlot as shown on this plat is 0.49-acres. The Community Development recommends consolidating this outlot with an adjoining lot, 0.49-acres of land is arduous for developmental purposes. STAFF CONCLUSION Staff concludes approval of Petition 16-03, Cannery Subdivision Replat “B,” is appropriate, subject to technical and corrective changes as enumerated in this report. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition 16-03, a request from Pat Messerli represented by Cheney-Walters-Echols Inc., for the Preliminary Plan for the Cannery Subdivision Replat “B” on 8.70- acres located at south of Broadway and Nelson Ave, subject to the following conditions: A. Nelson Ave. is required to be constructed and completed to City Standards prior to any building permits issued for any lots located within the replat. 3  PETITION REPORT PP 16-03 Page 4 B. The developer will make the necessary improvements to Broadway, as agreed upon with the Public Works Department and based on the 2013 Traffic Impact analysis. 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 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89  MINUTES PLANNING & ZONING COMMISSION March 10, 2016 The Planning and Zoning Commission met in a regular session on March 10, 2016 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico P&Z Members Present: Vice Chair-Paul Thompson Ryan Brown Shay Davis Clint Freeman Rory Jaquez Kristin Langenfeld Cody Waldroup Del Washburn P&Z Members Absent: Joyce Cardon Cheryl Ragsdale Staff Present: Bob Campbell Russel Frost Mary Holton Cynthia Lopez Keith Neil Toni Sitta Karen Walker Others Who Addressed the Commission: Vernon Gladden Mario Marquez Call to Order Vice Chair Thompson 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 Cindy Lopez mentioned that she will be presenting Petitions PP 16-01 and PP 16-02 together, even though it will be necessary to have separate motions for each petition. Paul Thompson, Vice Chair, recommended that the agenda be changed to hear Petition SUP 16- 01 first because it is a ‘quasi-judicial’ hearing and then hear the Preliminary Plans after. The Commissioners agreed. Approval of the Minutes A motion was made by Commissioner Freeman and seconded by Commissioner Waldroup to approve the minutes of the February 11, 2016 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 items were sworn in by Karen Walker. COMMUNITY DEVELOPMENT PETITION REPORT Special Use Permit for a Nonconforming Use for 4307 Hannon Drive Petition No. SUP 16-01 Planning & Zoning Commission Discussion of Petition SUP 16-01 on March 10, 2016 Associate Planner Keith Neil presented the staff report for SUP 16-01, a request from Martha and Alexander Wu, Sy Ming Deng, and Kang Ho for a Special Use Permit for a nonconforming residential use in the IND Industrial District to allow the structure to be rebuilt if destroyed by more than 50% for property located at 4307 Hannon Drive. Mr. Neil explained the petitioners were attempting to refinance the property when they were made aware of the non-conforming status. The property is a residential parcel of land that was part of an area annexed into the City of Farmington in 1956. The annexed area was zoned IND Industrial at that time. The residence was built in 1940. The property also contains additional accessory structures. Mr. Neil noted the property is surrounded on three sides (west, east and south) by the Ralph W. Miller Inc. Company. To the northeast of the property are additional residences located within the SF-7 Single Family zoning district. Directly to the north is another legal, non-conforming residence located in the IND district. Mr. Neil pointed out that 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 cause, it may not be rebuilt except in conformity with the provisions of this UDC. However, Section 9.2.6(A) states: “Any lawful nonconforming use of a building shall be considered to be in conformity with the terms of this Code upon application and approval of a Special Use Permit.” Staff recommends approval. Commissioner Thompson asked if there was any other option to protect residential properties located in IND. Ms. Lopez explained that a Special Use Permit was the best option for these types of situations. It allows the property owner to obtain financing and insurance for their property, but also allows the property to remain IND. This is beneficial if the market changed and the property required the IND zoning. Commissioner Freeman asked if the Special Use Permit stayed with the property forever. Mr. Neil confirmed that it did stay with the property forever. Mario Marquez of 5208 Hallmark informed the Commissioners that he was speaking for the Wu family. Mr. Marquez indicated that when the Wu’s went to refinance their house, they were informed by the bank that a loan would not be approved with the current nonconforming issue. Planning & Zoning Commission Action of Petition SUP 16-01 on March 10, 2016 A motion was made by Commissioner Davis and seconded by Commissioner Waldroup to approve Petition SUP 16-01, a request from Martha and Alexander Wu, Sy Ming Deng, and Kang Ho for a Special Use Permit for a nonconforming residential use in the IND Industrial District to allow the structure to be rebuilt if destroyed by more than 50% for property located at 4307 Hannon Drive. AYE: Vice Chair Thompson, Commissioners Brown, Davis, Freeman, Jaquez, Langenfeld, Waldroup, and Washburn. NAY: None Abstained: None Absent: Commissioners Cardon and Ragsdale. Motion passed 8-0 COMMUNITY DEVELOPMENT PETITION REPORT Preliminary Plan for L and V Subdivision No. 1 & No. 2 Petitions No. PP 16-01 & PP 16-02 Planning & Zoning Commission Discussion of Petitions PP 16-01 and PP 16-02 on March 10, 2016 Senior Planner Cindy Lopez presented the staff report for PP 16-01 and PP 16-02, requests from Vernon Gladden, represented by George Walters of Cheney-Walters-Echols, Inc., for Preliminary Plans for L & V Subdivision No. 1 and L & V Subdivision No. 2. These are 5-lot subdivisions, each on 4.73 acres located at the intersection of County Road 6480 and 6478. All of the lots are 0.75-acres to 0.87-acres in size. These properties do not meet subdivision standards because they were subdivided by deed in 1974. They were required to be reviewed and approved by the City of Farmington. The review and approval had been required for subdivisions in the City’s Planning and Platting Jurisdiction since 1971. The Preliminary Plans will establish the two large lots as legal lots and allow them to further subdivide as proposed. Staff recommends approval. Commissioner Freeman asked if the petitioner would be required to pave the road. Ms. Lopez stated that the properties are in the county and would follow county standards. Vernon Gladden of P.O. Box 1065, Kirtland, NM commented that he has spoken with Dave Burnett from the county and paving of the road would not be required. Planning & Zoning Commission Action of Petition PP 16-01 on March 10, 2016 A motion was made by Commissioner Freeman and seconded by Commissioner Jaquez to approve Petition PP 16-01, a request from Vernon Gladden, represented by George Walters of Cheney-Walters-Echols, Inc., for a Preliminary Plan for L & V Subdivision No. 1, a 5-lot subdivision on 4.73 acres located at the intersection of County Road 6480 and 6478. AYE: Vice Chair Thompson, Commissioners Brown, Davis, Freeman, Jaquez, Langenfeld, Waldroup, and Washburn. NAY: None Abstained: None Absent: Commissioners Cardon and Ragsdale. Motion passed 8-0 Planning & Zoning Commission Action of Petition PP 16-02 on March 10, 2016 A motion was made by Commissioner Freeman and seconded by Commissioner Washburn to approve Petition PP 16-02, a request from Vernon Gladden, represented by George Walters of Cheney-Walters-Echols, Inc., for a Preliminary Plan for L and V Subdivision No. 2, a 5-lot subdivision on 4.73 acres located at the intersection of County Road 6480 and 6478. AYE: Vice Chair Thompson, Commissioners Brown, Davis, Freeman, Jaquez, Langenfeld, Waldroup, and Washburn. NAY: None Abstained: None Absent: Commissioners Cardon and Ragsdale. Motion passed 8-0 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 Members. Business from Staff: Ms. Lopez informed the Commissioners that Petition ZC 16-01, a Zone Change from IND to SF-MH for properties located on Fox Street was approved at the February 23, 2016 City Council meeting. Ms. Lopez noted that Petition PFP 15-01, a Preliminary Final Plat for Nygren Subdivision No. 5, Replat B, was approved at the February 23, 2016 City Council meeting with a condition to meet the 1992 agreement. Adjournment: With no further business and a motion by Commissioner Washburn and seconded by Commissioner Davis the Planning and Zoning Commission meeting March 10, 2016 was adjourned at 3:23 p.m. ____________________________ _____________________________ Paul Thompson Karen Walker Vice-Chair Administrative Assistant