Planning & Zoning

A GENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive April 13, 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 24, 2016 P&Z Meeting 17 4 Approval of the Open Meetings Resolution 16 5 Petition No. SUP 17-23 – a request from Malissa Owen for a Special Use Permit 1 to allow outdoor sales and display in the GC General Commercial District for property located at 7204 E. Main Street. (Helen Landaverde) 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 25, 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.  Petition Report - SUP 17-23 Page 1 COMMUNITY DEVELOPMENT STAFF REPORT Petition SUP 17-23 – Special Use Permit for outdoor sales and display, 7204 E. Main Street A. STAFF REPORT- April 4, 2017 PROJECT INFORMATION Applicant Malissa Owen Representative Malissa Owen Date of Application March 15, 2017 Approval of a special use permit for outdoor sales and display of Requested Action an assortment of home-décor items, landscaping items and furniture on the property Location 7204 E. Main Street Existing Land Use GC / Commercial Retail Existing Zoning GC General Commercial North: SF-MH Single-family mobile home/ Residential Surrounding Zoning South: GC General Commercial/ Commercial and Retail & East: GC General Commercial/ Retail Sales and Service Land Use West: GC General Commercial/ Retail Sales and Service Publication of Notice for public hearings of the Planning and Zoning Commission appeared in the Daily Times on Thursday, Notice March 26, 2017. Property owners within 100 feet were sent notice by certified mail, March 23, 2017 and a sign was posted on Friday, March 31, 2017. Staff Planner Helen Landaverde, Associate Planner Project Description The applicant is requesting to have outdoor sales or display of an assortment of home-décor items, landscaping items and furniture on the property. The applicant is proposing to display the items on a concrete pad (30 x 40) located in the subject property. The items will remain on display at the property and will be enclosed by a six-foot tall fence around the site. Building permits were issued for a small building with an ADA bathroom on the site (see Exhibit B). STAFF ANALYSIS Special Use Permit Criteria – Section 8.9.4 of the UDC Section 8.9.4 of the Unified Development Code spells out the review criteria for a Special Use Permit as follows: A. Effect on environment: The location, size, design and operation characteristics of the proposed use shall not be detrimental to the health, welfare and safety of the surrounding neighborhood or its occupants, not be substantially or permanently injurious to the neighboring property. 1  Petition Report - SUP 17-23 Page 2 The property is 0.362 acres and it is in the GC General Commercial District. The applicant is proposing to conduct outdoor sales of an assortment of home-décor items, landscaping items, and furniture on the property. The applicant proposes to display items on a 30 x 40 concrete pad and the outdoor sales will only occur inside the gated property. The items will not be located in any required parking area or driveway. The proposed use will not be detrimental to the health, welfare and safety of the surrounding neighborhood and will not affect the neighboring property. B. Compatible with surrounding area: The proposed site plan, circulation plan and schematic architectural designs shall be harmonious with the character of the surrounding area with relationship to scale, height, landscaping and screening and density. The applicant has submitted a site plan showing the proposed location and size of the display. The applicant proposes to have six parking spaces, including handicap parking, inside the gated property. The site is accessed from E. Main Street. There is a driveway that is approximately 24 feet wide, which will be used as an entrance and an exit to the property. The outdoor sales will be located in the GC General Commercial District which permits retail sales and will not generate more traffic than what is associated with outdoor sales and display in the GC District. The properties to the south, east, and west are zoned as GC. The property to the north is zoned as SF-MH Single-family mobile home; however, the outdoor sales and display will be screened by a six-foot wrought iron fence and a chain- link fence. The residential properties to the north are elevated above this site and will not be affected by this use. Overall, the proposed use should be compatible with the general character of the surrounding area. C. External impacts minimized: The proposed use shall not have negative impacts on existing uses in the area and in the city through the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard or other injurious or noxious impact. The applicant shall provide adequate mitigation responses to the impacts. The applicant is proposing to store and display items on a 30 x 40 concrete pad (see Exhibits A, C, G, and H) which will be enclosed by a six-foot tall fence. This use should not create glare, fumes, dust, smoke, vibration or any fire hazards. The applicant is required to mitigate any adverse impacts to the neighborhood. D. Infrastructure impacts minimized: The proposed use shall not have negative impacts on existing uses in the area and in the city through impacts on public infrastructure such as roads, parking facilities and water and sewer systems, and on public services such as police and fire protection and solid waste collection, and the ability of existing infrastructure and services to provide services adequately. The outdoor sales and display will be located within the property and enclosed by a six-foot tall fence. There is a small building with an ADA bathroom on the property (see Exhibit B). There should be no negative impacts on existing uses in the area and/or negative impacts on public infrastructure. E. Consistent with the UDC and Comprehensive Plan: The proposed use will be consistent with purposes of this UDC, the Comprehensive Plan, and any other statutes, ordinances or policies that may be applicable, and will support rather than interfere with the uses otherwise permitted in the zone in which it is located. 2  Petition Report - SUP 17-23 Page 3 The 2020 Future Land Use Plan of the Farmington Comprehensive Plan identifies the subject property to be Commercial and encourages commercial uses throughout the City. The proposed outdoor sales and display complies with the UDC and the Comprehensive Plan. In addition, the proposed site is located in the GC General Commercial District and outdoor sales and display is an allowed use with the approval of a Special Use Permit. F. Parcel size: The proposed use may be required to have additional land area, in excess of the minimum lot area otherwise required by the underlying zoning district, as necessary to ensure adequate mitigation of impacts on surrounding land uses and the zoning district. The GC General Commercial District does not have minimum lot area requirements. The property is 0.362 acres and outdoor sales and display will be displayed on a 30 x 40 concrete pad. The proposed use will not generate more traffic than what is associated with outdoor sales and display in the GC District. G. Site Plan: The proposed use shall be required to comply with the site plan review procedures and standards of Section 8.5, site plan review, as specified. The applicant provided a site plan that conforms to standards of Section 8.5 (see Exhibits F, G, and H). STAFF CONCLUSION Staff concludes that approval of SUP 17-23 is appropriate. The applicant’s request for outdoor sales and display will not adversely affect adjoining properties. The applicant has provided documents showing the location of the proposed use, which should not negatively affect the surrounding neighborhood. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition 17-23, a request from Malissa Owen, for a Special Use Permit to allow outdoor sales and display in the GC General Commercial District for property located at 7204 E. Main Street. 3  Petition Report - SUP 17-23 Page 4 EXHIBIT A 4  Petition Report - SUP 17-23 Page 5 EXHIBIT B 5  Petition Report - SUP 17-23 Page 6 EXHIBIT C 6  Petition Report - SUP 17-23 Page 7 EXHIBIT D 7  Petition Report - SUP 17-23 Page 8 EXHIBIT E 8  Petition Report - SUP 17-23 Page 9 Site Plan EXHIBIT F 9  Petition Report - SUP 17-23 Page 10 Site Plan EXHIBIT G 10  Petition Report - SUP 17-23 Page 11 Site Plan EXHIBIT H 11  Petition Report - SUP 17-23 Page 12 EXHIBIT I 12  Petition Report - SUP 17-23 Page 13 EXHIBIT J 13  Petition Report - SUP 17-23 Page 14 EXHIBIT K 14  Petition Report - SUP 17-23 Page 15 EXHIBIT L 15  RESOLUTION A RESOLUTION SETTING AND ESTABLISHING A REGULAR MEETING DAY, TIME AND PLACE FOR THE PLANNING AND ZONING COMMISSION PURSUANT TO CITY COUNCIL RESOLUTION NO. 2013-1466 AS RATIFIED WHEREAS, pursuant to the provisions of Resolution No. 2013-1466 as ratified, each board, commission, committee or other policy making body of the City of Farmington which holds regular meetings shall annually, subject to the ratification and approval of the City Council of the City of Farmington, establish a regular meeting day, time and place; and WHEREAS, the Planning and Zoning Commission of the city of Farmington has determined and does recommend to the City Council that the regular meeting day, time and place of the Planning and Zoning Commission of the City of Farmington and the location where a copy of the agenda of such meetings may be obtained shall be as set forth in this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF FARMINGTON: That the regular meeting day, time and place of the Planning and Zoning Commission of the City of Farmington shall be held on each Thursday following each second and fourth Tuesday of each month at 3:00 p.m., in the Council Chambers, Municipal Building, 800 Municipal Drive, Farmington, New Mexico and that the location where a copy of the agenda of the regular meeting may be inspected seventy-two (72) hours in advance of such meeting shall be at the Community Development Department, 805 Municipal Drive, Municipal Annex, Farmington, New Mexico. PASSED, SIGNED, APPROVED and ADOPTED this ______ day of April, 2017. By: Chairperson, Planning and Zoning Commission 16  MINUTES PLANNING & ZONING COMMISSION March 16, 2017 The Planning and Zoning Commission met in a regular session on March 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 Shay Davis Kristin Langenfeld Cheryl Ragsdale Cody Waldroup P&Z Members Absent: Ryan Brown Clint Freeman Paul Thompson Del Washburn Dacia Yazzie Staff Present: Helen Landaverde Cindy Lopez Karen Walker Others Who Addressed the Commission: None 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 Ragsdale and seconded by Commissioner Waldroup to approve the minutes of the February 16, 2017 P&Z Meeting. This motion was approved unanimously by a 5-0 vote.  CONSIDERATION & RECOMMENDATION For Approval of Changes to UDC, Unified Development Code Table 2.3 and Section 2.4.7 Planning & Zoning Commission Discussion the Unified Development Code Table 2.3 on March 16, 2017 Senior Planner Cindy Lopez presented the Memorandum for consideration and recommendation for approval for Table 2.3 in the Unified Development Code (UDC) Permitted Use Table under Retail Sales and Services, Personal Service Oriented shows Wineries (small) and Micro-Breweries as permitted uses in Mixed-Use (MU), Local Neighborhood Commercial (LNC), Central Business (CB), General Commercial (GC), Planned Industrial Park (PIP), and Industrial (IND) districts. The New Mexico State Statute, said Ms. Lopez, has recently modified this category to include Craft Distillery. Ms. Lopez stated that the state has added a Craft Distiller’s License to be similarly licensed under the provisions of the Liquor Control Act to the Domestic Winery and Small Brewery. Staff is recommending adding Craft Distillery to the category of Wineries (small) and Micro- Breweries. Planning & Zoning Commission Discussion the Unified Development Code Table 2.3 on March 16, 2017 A motion was made by Commissioner Waldroup and seconded by Commissioner Langenfeld to approve the changes to the Unified Development Code Table 2.3 Wineries (small) and Micro- Breweries to add Craft Distillery. Planning & Zoning Commission Discussion the Unified Development Code Section 2.4.7 on March 16, 2017 Ms. Lopez presented the Memorandum for consideration and recommendation for approval of Section 2.4.7 in the Unified Development Code (UDC) Animal and fowl. The Community Development Department has received a number of petitions for chickens. Ms. Lopez stated that people have been raising rabbits as well as chickens. As more people want to know where their food is coming from, chickens and rabbits have become more popular. Ms. Lopez said the benefits of raising chickens or rabbits are producing fresh eggs, eating garden pests, producing fertilizer, teaching animal husbandry, and preserving rare breeds. Raising chickens and rabbits is a benefit for 4-H kids. During WWII people had Victory Gardens and also raised chickens and rabbits. Ms. Lopez said there seems to be a resurgence of people who have similar interests and desires. Ms. Lopez said the current process of obtaining a Special Use Permit to raise chickens or rabbits is very costly for the petitioner. The processing fee is $80, which goes toward publishing a legal ad in the newspaper and mailing certified letters to all property owners within 100 feet. That process typically costs the City more than $80. It is required that the petitioner obtain a list of those property owners within 100 feet from a title company. This can cost the petitioner up to $400. Most people just want a few chickens or rabbits and the Special Use Permit is very costly. Across the nation, said Ms. Lopez, communities are allowing chickens and rabbits by right by keeping down the number allowed. If we allow 4 cats or 4 dogs, we should allow chickens and rabbits if certain conditions are met. Chickens and rabbits are small animals and are often considered to be pets. The recommendation was taken to the Planning & Zoning Sub-committee. Based on research and what has been observed from other communities, the recommendation is for an addition to Section 2.4.7 to include the allowance of up to 6 rabbits or 6 chickens or a combination totaling a maximum of 6 rabbits and chickens. The recommendation will also include enough land area for each animal and adequate shelter and fencing. This means each animal would need 10 square feet of fenced land and 2 square feet of shelter. Sanitary and clean conditions will be required to prevent odor, bugs, or illness of the animals. The shelter will be located no closer than 15 feet from a dwelling unit or an abutting property, and will not be allowed in a front or side yard. It is recommended that no roosters be allowed. These recommendations are referenced in the Planning & Zoning March 16, 2017 Agenda Book. Commissioner Waldroup asked Ms. Lopez how she came up with the number 6 for the maximum number of rabbits or chickens. Ms. Lopez said she researched other communities and their requirements. She also based the decision on the amount of property each animal required and the amount of property in the average residential areas. Six is a comfortable number to allow chickens and rabbits by right or to have as pets. If a petitioner would like to exceed the maximum number of 6, they would have to go through the Special Use Permit process. Commissioner Langenfeld asked if enforcement would come from Animal Control. Ms. Lopez said Animal Control enforces the City code that requires a maximum of 4 dogs or 4 cats. Code Compliance and Animal Control would work together on the enforcement if there were odor, noise, or other complaints. Commissioner Davis asked if in the research there were any residual complaints. Ms. Lopez said complaints stemmed around noise and odor due to the lack of cleanliness. Those issues are the same complaints with dogs or cats. Chair Cardon commented that the regulation could be changed if a lot of complaints began to come in. Ms. Cardon said she would like to see the regulation fairly open to begin with. She mentioned that there are a lot of people who do not know they need a permit to have chickens or rabbits. Ms. Cardon said she thinks people are ready for this change. Ms. Lopez said that just as some people do not like have a barking dog next door, there will be some people who may object to having chickens or rabbits next door. People who have animals have to take care of them. Hens and rabbits do not usually make a lot of noise. Commissioner Davis asked when the UDC change would come into effect if the City Council approves it. Ms. Lopez said there is a 15 day appeal period once the City Council approves it. Commissioner Ragsdale noted that there are some subdivisions with covenants that will not allow residents to have chickens or rabbits. Commissioner Langenfeld asked if the Mixed Use (MU) district would be allowed to have chickens and rabbits. The MU district is where people live and work. Ms. Lopez said it would be allowed and if problems arise, the code could be changed. The requirement to have the shelter 15 feet from a dwelling unit or an abutting property might be restrictive enough for the MU district. Ms. Lopez said the recommendation for chickens or rabbits is for residential, noncommercial purposes and will be limited to residential districts with restrictive conditions. The owners will be required to keep the animals secured to the backyard. Commissioner Langenfeld suggested the City have information available for people who want chickens or rabbits on what these animals require so they are properly housed and maintained. She also mentioned that some people may be slaughtering chickens in their yard once the chickens no longer are able to lay eggs. The same might happen with rabbits. Some people may raise the chickens and rabbits for food. Ms. Lopez said most people will raise chickens and rabbits for pets. Commissioner Davis said that he liked the idea of starting less restrictive and revisitng if it becomes an issue. He said he appreciated the time staff has put into this petition and thinks it will be a positive change to the UDC. Planning & Zoning Commission Discussion the Unified Development Code Section 2.4.7 on March 16, 2017 A motion was made by Commissioner Davis and seconded by Commissioner Waldroup to approve the changes to the Unified Development Code Section 2.4.7 Animals and fowl, to the following recommendations: 3) The keeping of six (6) chickens or rabbits for residential, noncommercial purposes, shall be permitted in accordance with the following: a. The Maximum number of permissible chickens or rabbits not requiring a special use permit is six (6) on any residential lot provided that there must be at least two square feet of permeable land area available for each chicken/rabbit, plus at least two square feet of shelter space per chicken/rabbit; b. Adequate shelter must be provided to protect chickens/rabbits from the elements and to prevent wildlife and other predators from gaining entry. Shelter must be properly ventilated. Shelter must be kept in a clean, dry, odor-free and sanitary condition at all times; c. Adequate fencing shall be provided to prevent chickens from escaping when not in their shelter; d. During daylight hours, chickens shall have access to the sun within a secure fenced yard or adequate shelter. Chickens/rabbits shall be kept within a secure shelter at night; e. No chickens or shelter shall be kept: i. Closer than 15 feet to a dwelling unit on abutting property; or ii. In the required front and side yard setbacks. f. The keeping and maintenance of chickens and rabbits as provided in this section, shall comply with all applicable health and sanitation laws and with requirements as set forth in Chapter 6 of the Farmington City Code. g. all areas devoted to chickens and rabbits, including shelter, shall be constructed and maintained to discourage the concentration and breeding of insects or rodents; and h. No roosters are allowed. AYE: Chair Cardon, Commissioners Davis, Langenfeld, Ragsdale, and Waldroup. NAY: None Abstained: None Absent: Commissioners Brown, Freeman, Thompson, Washburn and Yazzie. Motion passed 5-0 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: Commissioner Waldroup voiced appreciation of the time and work involved in researching these topics for changes in the UDC. Business from Staff: Ms. Lopez stated that Petition SUP 17-09, a request from Tay and Tiffany Cline for three horses and ten chickens at 5715 Ensenada Way was approved on consent at the February 28, 2017 City Council Meeting. Ms. Lopez mentioned the upcoming construction planned for City Hall. Meetings may have to be scheduled at alternative locations during this time. Adjournment: With no further business and a motion by Commissioner Langenfeld and seconded by Commissioner Waldroup, the Planning and Zoning Commission meeting of March 16, 2017 was adjourned at 3:33 p.m. ____________________________ _____________________________ Joyce Cardon Karen Walker Chair Administrative Assistant