Planning & Zoning

A GENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive May 11, 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 April 13, 2017 P&Z Meeting 16 4 Petition No. ZC 17-30 – a request from Brad Wenzel for a Zone Change from IND, 1 Industrial to MU, Mixed Use, for 0.668 acres on property located at 511 W. Maple Street. (Helen Landaverde) 5 Business from: Floor: Chairman: Members: Staff: 6 Adjournment e recommendation of the Planning and Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, May 23, 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.  COMMUNITY DEVELOPMENT PETITION REPORT PETITION ZC 17-30 Zone Change from IND Industrial to MU Mixed Use 511 West Maple A. STAFF REPORT, May 2, 2017 PROJECT INFORMATION Applicants Brad Wenzel Representative Brad Wenzel Date of Application April 10, 2017 Requested Action Zone Change from IND Industrial to MU Mixed Use Location 511 West Maple Existing Land Use Vacant and undeveloped Existing Zoning IND Industrial Surrounding Zoning North: IND/Service garage and residential and Land Use South: IND properties and vacant East: IND/Residential West: IND/parking lot and residential Notice Publication of Notice for public hearings of the Planning and Zoning Commission appeared in the Daily Times on Sunday, April 23, 2017. Property owners within 100 feet were sent notice by certified mail on Wednesday, April 19, 2017 and a sign was posted on Friday, April 28, 2017. Staff Planner Helen Landaverde, Associate Planner Project Description: The petitioner is requesting a zone change from IND Industrial to MU Mixed Use for 0.668 acres (29,060 sq. ft.) of land located at 511 West Maple (R0030746). The owner would like to change the zone to MU to allow for multi-family residential uses such as apartments and tiny houses as well as some commercial used. The surrounding properties are zoned IND, Industrial and comprise of industrial and residential uses. The subject property is vacant and undeveloped. The petitioner’s property is located within the Animas Neighborhood of the Farmington Comprehensive Plan (Downtown Neighborhoods) and in the Animas District of the Metropolitan Redevelopment Area. Pursuant to Section 2.3 Permitted Use Table of the Unified Development Code (UDC), multi-family residential uses and commercial uses are not permitted in the IND District. A zone change to MU would permit multi-family residential uses and commercial uses by right. 1  City of Farmington Petition Report – ZC 17-30 P a g e | 2 The proposed zoning is consistent with the Farmington Comprehensive Plan concerning Downtown Neighborhoods and redevelopment in the Animas Neighborhood. Farmington’s Comprehensive Plan outlines the following main goal and one of the objectives for the Animas Neighborhood: “Animas Neighborhood Goal: Redevelop the Animas Neighborhood as a mixed- use development with new types of affordable housing, expanded medical and cultural facilities linking Downtown to the Riverwalk.” “Objective 13C.9: Encourage mixed-use residential and commercial by allowing creative housing types.” Additionally, the subject property is located within the Animas District of the Metropolitan Redevelopment Area. Likewise, the main goal for the Animas Neighborhood in the Comprehensive Plan is interchangeable with the Animas District in the MRA Plan. Moreover, Economic-base Objective 6 of the MRA Plan encourages mixed-use development for the Animas District, “Achieve a more sustainable mix of land uses once the area is remediated including market-rate housing and neighborhood-serving public and institutional uses…” and MRA Design-Based Objective 1 encourages “private property owners to maintain and improve the condition and appearance of their properties.” This petition was presented to the MRA Board of Commissioners on April 20, 2017 meeting as an information item. This petition will also be presented to the MRA Board of Commissioners on May 18, 2017 for a recommendation. Mixed Used District (UDC Sec.3.11): The mixed use (MU) district is intended to accommodate low-intensity mixed-uses with a strong residential character. The MU district provides specific standards for the development of limited business, office, or service uses in existing residential structures, or in new structures within residential areas. The MU district is intended to implement the planning policies of the comprehensive plan's "Mixed Use" land use designation, in the Animas Neighborhood (South of Broadway) and the Civic Center Neighborhood (north and west of the Civic Center). STAFF ANALYSIS Section 8.7.4 of the UDC outlines Issues for consideration in determining a proposed zone change as follows: A. Is the proposed zoning consistent with the Farmington Comprehensive Plan? 2  City of Farmington Petition Report – ZC 17-30 P a g e | 3 The zone change request is MU Mixed Use. The proposed zoning is consistent with (1) the Comprehensive Plan for the Animas Neighborhood and (2) the Metropolitan Redevelopment Area (MRA) Plan. Both plans recommend the subject property as MU Mixed Use. The petitioner’s property is in the Animas District of the MRA Plan and the requested zone change is consistent with the recommended revised zoning for IND to MU. B. Is the proposed zoning and land use(s) compatible with the present zoning and conforming uses of nearby property and the character of the neighborhood? The proposed zoning for this property is compatible with the present zoning and character of the neighborhood. The surrounding properties comprise of industrial and residential uses. The petitioner is proposing multifamily residential uses and some commercial uses for the property. The Comprehensive Plan and the MRA Plan recommend MU Mixed Use for the subject property located within the Animas Neighborhood/Animas District. C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? There should be no adverse impacts considering that the petitioner’s proposal will serve to further the goals and objectives for the Animas Neighborhood and Animas District. The Comprehensive Plan and the MRA Plan recommend MU Mixed Use for the subject property. According to the Comprehensive Plan and the MRA Plan, the properties in the general vicinity of the petitioner’s property are also in the Animas Neighborhood/Animas District. Those properties have also been identified as MU Mixed Use for future land use. D. Is the proposed density and intensity of use permitted in the proposed zoning district? The MU District requires a minimum lot size of 2,500 sq. ft. and a minimum lot width of 60 feet for multifamily uses. The subject property is 29,060 sq. ft. with a lot width of approximately 136-186 feet. There is no minimum lot area requirement for nonresidential uses in the MU District. The MU District density and dimensional standards will allow the petitioner to build multi-family residential uses and have some commercial uses on the subject property. E. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? 3  City of Farmington Petition Report – ZC 17-30 P a g e | 4 The subject property is vacant and the land appears to be suitable for the proposed use. However, the property may require environmental clean-up if in the past the property was used for storage purposes. F. Are adequate public facilities and services available to serve development for the type and scope suggested by the proposed zone? If utilities are not available, could they be reasonably extended by the applicant? Is the applicant willing to pay for the extension of public facilities and services necessary to service the proposed development? The petitioner or developer of the property would have to provide sidewalks and other infrastructure as required by the UDC to City of Farmington Standards. Public facilities are available for this property. The petitioner is responsible to provide all the necessary public facilities for the property. G. Does the proposed change constitute “spot zoning” as defined in Article 11, definitions? Article 11 defines “spot zoning” as “Where a particular tract within a larger area is specifically zoned so as to impose upon it restrictions not imposed upon the surrounding lands, or grant to it special privileges not granted generally, not done in pursuance of the Comprehensive Plan.” The Comprehensive Plan and the MRA Plan recommend the subject property as MU Mixed Use. The subject property is in the general vicinity of the Animas Neighborhood/Animas District. This request is compatible with the character of the area and the requested zone change will not be detrimental to the surrounding neighborhood as it will be in compliance with both the Comprehensive Plan and the MRA Plan. STAFF COMMENTS Community Development: Mary Holton • The MRA Commission needs to review all petitions located in the MRA District, including this one, and provide the P&Z and the City Council with a recommendation. It is recommended that the petitioner attend the MRA Commission Meeting on May 18, 2017 to discuss his project. 4  City of Farmington Petition Report – ZC 17-30 P a g e | 5 STAFF CONCLUSION Staff concludes that the proposal does not constitute a spot zone and will not adversely impact the area. The proposed use for this property is consistent with the Comprehensive Plan and the MRA Plan for the Animas Neighborhood and the Animas District. Approval of ZC 17-30 is appropriate. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition ZC 17-30, a request from Brad Wenzel, for a zone change from the IND Industrial District to the MU Mixed Use District for property located at 511 West Maple. 5  City of Farmington Petition Report – ZC 17-30 P a g e | 6 6  City of Farmington Petition Report – ZC 17-30 P a g e | 7 7  City of Farmington Petition Report – ZC 17-30 P a g e | 8 Photos of subject property 8  City of Farmington Petition Report – ZC 17-30 P a g e | 9 PLANNING MEMO COMMENTS SUMMARY ZC 17-30 511 W. MAPLE Deadline: 4/20/17 City of Farmington Departments CD The MRA Commission needs to review all petitions located in the MRA District, including this one, and provide the P&Z and the City Director – M. Holton Council with a recommendation. It is recommended that the petitioner attend the MRA Commission Meeting to discuss his project. CD Addressing – Planning Division CD Chief Building Official – D. Childers No comment CD Long Range Planner CD MPO – D. Garcia CD Oil & Gas Inspector – L. Simms CITY City Manager’s Office – J. Baird No comment ELEC Customer Care Manager – L. Richardson ELEC Electrical Engineering – L Aligarbes No conflict ELEC T & D – R. Romero FIRE Fire Captain – D. Doudy FIRE Fire Marshall – B. Vega No comment LEGAL City Attorney – J. Breakell LEGAL Deputy City Attorney – R. Frost POLICE Code Compliance – T. Johnston POLICE Sergeant – P. Flores PRCA C. Styron No comment PW City Engineer – N. Westerling PW Engineering – T. Sitta No comment PW Streets Superintendent –J. Couch PW Traffic Engineer – C. Trask PW Water/Waste Water – M. Tso No comment Other Entities New Mexico Gas Company – R. Owens CenturyLink – D. Willato No comment Enterprise Field Services Comcast Cable – M. Johnson CH2MHILL OMI – R. Rosen Field Services Farmington School District – C. Lyons 9  City of Farmington Petition Report – ZC 17-30 P a g e | 10 10  City of Farmington Petition Report – ZC 17-30 P a g e | 11 11  City of Farmington Petition Report – ZC 17-30 P a g e | 12 12  City of Farmington Petition Report – ZC 17-30 P a g e | 13 13  City of Farmington Petition Report – ZC 17-30 P a g e | 14 14  City of Farmington Petition Report – ZC 17-30 P a g e | 15 15  MINUTES PLANNING & ZONING COMMISSION April 13, 2017 The Planning and Zoning Commission met in a regular session on April 13, 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 Clint Freeman Kristin Langenfeld Cheryl Ragsdale P&Z Members Absent: Paul Thompson Cody Waldroup Del Washburn Staff Present: Helen Landaverde Cindy Lopez Karen Walker Others Who Addressed the Commission: Malissa Owen 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 Davis to approve the minutes of the March 16, 2017 P&Z Meeting. This motion was approved unanimously by a 6-0 vote. Approval of the Open Meetings Resolution A motion was made by Commissioner Langenfeld and seconded by Commissioner Ragsdale to approve the Open Meeting Resolution. This motion was approved unanimously by a 6-0 vote. Swearing in of Witnesses All parties that wished to speak on behalf of any agenda items were sworn in by Karen Walker. CONSIDERATION & RECOMMENDATION Petition SUP 17-23 Outdoor Sales and Display - 7204 E. Main St. Planning & Zoning Commission Discussion of Petition SUP 17-23, on April 13, 2017 Associate Planner Helen Landaverde presented the staff report for SUP 17-23, a request from Malissa Owen for a Special Use Permit for outdoor sales and display in the GC General Commercial District for 0.362 acres on property located at 7204 E. Main Street. Ms. Landaverde said the applicant is requesting to have outdoor sales or display of home-décor items, landscaping items and furniture. The items will be displayed on a 30 x 40 foot concrete pad and will be enclosed by a six-foot tall gated fence around the site. The property has a small building with an ADA bathroom, and 6 parking spaces that include handicapped parking. Ms. Landaverde pointed out access to the property from a 24-foot wide driveway on East Main Street. Ms. Landaverde stated the properties to the south, east, and west are zoned GC. The property to the north is zoned as SF-MH Single-family mobile home, and is elevated above this site. The proposed use shall not have negative impacts on existing uses in the area. It is consistent with the Comprehensive Plan, and will not generate more traffic then what is already present. Staff recommends approval of Petition 17-23. Malissa Owen of 7204 E. Main said she agrees with the recommendation. Planning & Zoning Commission Action of Petition SUP 17-23, on March 16, 2017 A motion was made by Commissioner Freeman and seconded by Commissioner Brown to approve SUP 17-23, a request from Malissa Owen for a Special Use Permit for outdoor sales and display in the GC General Commercial District for 0.362 acres on property located at 7204 E. Main Street. AYE: Chair Cardon, Commissioners Brown, Davis, Freeman, Langenfeld, and Ragsdale. NAY: None Abstained: None Absent: Commissioners Thompson, Waldroup, and Washburn. 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 public meetings were held on April 10 and April 12, 2017 regarding chickens and rabbits within city limits. No one showed up at the April 10 meeting, but quite a few people attended the April 12 meeting. Ms. Lopez pointed out an online survey on the City of Farmington web page and Facebook site. The responses have been very positive with the majority of people in favor of having chickens and rabbits allowed by right within city limits with specific conditions. Ms. Lopez said the petition will go to the City Council on April 25 or May 9, 2017. The exact date will be advertised. Adjournment: With no further business and a motion by Commissioner Davis and seconded by Commissioner Ragsdale, the Planning and Zoning Commission meeting April 13, 2017 was adjourned at 3:18 p.m. ____________________________ _____________________________ Joyce Cardon Karen Walker Chair Administrative Assistant