Planning & Zoning

A GENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive March 16, 2017, 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 16, 2017 P&Z Meeting 20 4 Consideration and Recommendation for approval of changes to UDC, Unified 1 Development Code, Table 2.3 and Section 2.4.7 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, March 28, 2017. 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  MINUTES PLANNING & ZONING COMMISSION February 16, 2017 The Planning and Zoning Commission met in a regular session on February 16, 2017 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. P&Z Members Present: Chair-Joyce Cardon Ryan Brown Shay Davis Kristin Langenfeld Cheryl Ragsdale Paul Thompson Cody Waldroup P&Z Members Absent: Clint Freeman Del Washburn Dacia Yazzie Staff Present: Julie Baird Russel Frost Mary Holton Helen Landaverde Cindy Lopez Toni Sitta Karen Walker Others Who Addressed the Commission: Tay Cline Allen Lyon Jesse Sprague Call to Order Chair Joyce 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 Waldroup and seconded by Commissioner Ragsdale to approve the minutes of the January 26, 2017 P&Z Meeting. This motion was approved unanimously by a 7-0 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 Petition No. SUP 17-09 Special Use Permit to allow three (3) horses and 10-12 Chickens on 3 acres at 5715 Ensenada Way Planning & Zoning Commission Discussion of Petitions SUP 17-09, on February 16, 2017 Senior Planner Cindy Lopez presented the staff report for SUP 17-09, a request from Tay and Tiffany Cline for a Special Use Permit to allow 3 horses and 10-12 chickens (hens) on 3 acres in the RE-2, Residential Estates District, located at 5715 Ensenada Way. Section 11.1 of the Unified Development Code sets the standards for how many horses or chickens are allowed per acre. One horse requires a minimum 1 acre of land and one chicken requires a minimum 0.02 acres (871 square feet) of land. Three horses require 3 acres and 10- 12 chickens will require between 8,710 square feet and 10,452 square feet (0.2-0.24 acres) for a total of 3.2 acres. The property is south of Ensenada Way and east of Foothills Drive. All properties in the area are at least 2 acres. All of the houses in the area are at least 200 feet or more from the proposed corral. The petitioners are proposing to construct a corral and coop on the southeast portion of the property. It would be approximately 60 feet from their south property line and 90 feet from the east property line. The petitioner plans on having a 30 foot by 60 foot area for the corral and coop. Staff recommends approval of SUP 17-09. The property is large. This is an area of the City that has more of a rural setting. This is an area where we’ve approved other horses in the past. The recommendation is subject to the following conditions: A. The petitioner adheres to Farmington’s City Code as set forth in Chapter 6, Animals. B. The petitioner adheres to Farmington’s Unified Development Code Section 2.4.7 D & E, Animals and Fowl. C. No roosters. D. The petitioner will use best management practices to minimize storm water contact with animal waste and to prevent runoff of the waste or contaminated waters from leaving the property. A drainage plan will be submitted to the Public Works Department for approval as part of the building permitting process for the corral and coop. Commissioner Langenfeld asked if 10-12 chickens were the maximum number. Ms. Lopez said the Commissioners can discuss and set the number of chickens allowed. Tay Cline, who resides at 5715 Ensenada Way, stated that he has visited with several of his neighbors. He mentioned the neighbor to the south of him will be most affected by the drainage. Mr. Cline said he plans to work with this neighbor to mitigate any drainage. Mr. Cline stated that he and his children will be cleaning up after the animals once or twice a day. Chair Joyce asked Mr. Cline what he felt about the number of chickens. Mr. Cline said 10 chickens will be plenty. He plans to replenish when the older chickens die off. Commissioner Waldroup asked Mr. Cline how many horse he plans to have. Mr. Cline stated he would like to have no more than 3 horses. Jessie Sprague, who resides at 7700 Foothills Drive, stated that he lives directly south of Mr. Cline and has lived there 23 years. He said he and Mr. Cline have discussed the drainage and said Mr. Cline intends to work with him to mitigate drainage. Mr. Sprague said City Council has had the drainage issue in the Foothills area presented to them about a year and a half ago. Mr. Sprague mentioned his only concern had to do with drainage. He has no problems living next to horses and chickens. Allen Lyon, who resides at 5951 San Marcos Drive, said he has lived at this residence for 17 years. He said he is concerned about the smell of 3 horses in that small of an area. Mr. Lyon said he walks his dog every day in the 8300 block of Hood Mesa Trail and the smell of horses is atrocious. He said he can pick up the horse smell at his house. Mr. Lyon said he does not have a problem with chickens, but he does have a problem with horses. He does not feel 3 acres is enough area for 3 horses. Chair Cardon asked Mr. Lyon if he has ever reported the strong horse smell to Code Compliance. Mr. Lyon said he has not reported it to Code Compliance. Ms. Cardon mentioned that there might be an issue with the horses on Hood Mesa Trail that could concern the living conditions of the animals. She mentioned the City has regulations on the care of horses. Commissioner Waldroup asked about the most recent letter of complaint from Frank and Beth Schumacher. Ms. Lopez said the Schumacher’s did not live within 100 feet of the petitioner. She did not know how close they lived. Commissioner Waldroup said he is concerned that the City is allowing too many people to have horses and other animals in the Foothills area. Commissioner Thompson stated that he lives in the Foothills area. His neighbors have horses and said he has never had a problem with smell. Mr. Thompson said he feels the issue is more about the upkeep of the animals. Chair Cardon said that Mr. Cline has accepted the responsibility of the horses and chickens. She mentioned that some people do not know they need a special use permit to have horses. Ms. Cardon said she feels confident with staff’s recommendation and Mr. Cline seems to be conscious of his neighbor’s concerns. Commissioner Thompson asked what would happen if someone did not comply after Code Compliance has been involved. Ms. Lopez said the special use permit (SUP) could be revoked and the City must follow the same process as an SUP to revoke the SUP. Commissioner Waldroup said the City needs to be mindful of how it is growing. The Foothills area is growing expansively, and decisions made today can affect the area in the future. Commissioner Davis said Mr. Waldroup thoughts are good to consider. Mr. Davis said he feels the purpose of the Planning & Zoning Commission is to interpret the code based on facts and findings. He said the Foothills area and the code allow horses and chickens. If the code is not right for an area, said Mr. Davis, then that is when the Commission should be mindful of a change. Planning & Zoning Commission Action of Petition SUP 17-09 on February 16, 2017 A motion was made by Commissioner Davis and seconded by Commissioner Brown to approve Petition SUP 17-09, a request from Tay and Tiffany Cline for a Special Use Permit to allow 3 horses and only 10 chickens (hens) on 3 acres in the RE-2, Residential Estates District, located at 5715 Ensenada Way with the following conditions: a. The petitioner adheres to Farmington’s City Code as set forth in Chapter 6, Animals. b. The petitioner adheres to Farmington’s Unified Development Code Section 2.4.7 D & E, animals and Fowl. c. No roosters. d. The petitioner will use best management practices to minimize storm water contact with animal waste and to prevent runoff of the waste or contaminated waters from leaving the property. A drainage plan will be submitted to the Public Works Department for approval as part of the building permitting process for the corral and coop. AYE: Chair Cardon, Commissioners Brown, Davis, Langenfeld, Ragsdale, Thompson, and Waldroup. NAY: None Abstained: None Absent: Commissioners Freeman, Washburn and Yazzie. 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: Ms. Lopez commented that Petitions ZC 16-119 and SUP 16-120, a request from Martin and Carrie Lamb for a zone change and a special use permit to allow livestock for property located at 450, 450A, and 460 Valentine Road, was approved on consent at the February 14, 2017 City Council Meeting. Ms. Lopez stated the Subcommittee for P&Z will meet this month to discuss changes to the UDC regarding chickens and rabbits, and craft distilleries. The subcommittee consists of Joyce Cardon, Paul Thompson, and Clint Freeman. Mr. Freeman is not at this meeting, but Ms. Cardon and Mr. Thompson asked to meet on February 22nd at 10:30. Results of the subcommittee will be presented at a future Planning & Zoning Meeting. Adjournment: With no further business and a motion by Commissioner Ragsdale and seconded by Commissioner Davis, the Planning and Zoning Commission meeting February 16, 2017 was adjourned at 3:27 p.m. ____________________________ _____________________________ Joyce Cardon Karen Walker Chair Administrative Assistant