Planning & Zoning

A GENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive June 15, 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 May 25, 2017 P&Z Meeting 34 4 Petition No. ZC 17-45 – a request from Darrell Elliot for a zone change from MF-L 1 SMHA, Multi-family Low Density with a Special Mobile Home Area Overlay to IND, Industrial for 5.6 acres located at 711 Melba Lane. (Teri Clashin) 5 Petition No. PP 17-47 – a request from Floyd Hinesley, represented by R. Clayton 21 Harrison of CHC Engineers, LLC, for a preliminary plan approval of the Piñon Springs Subdivision Phase 1, a 14-lot subdivision on 4.9 acres located west of English Drive and north of Red Rock Drive. (Cindy Lopez) 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, June 27, 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- 45 Zone Change from Multi-family Low Density – Special Mobile Home Area (MF-L SMHA) to Industrial (IND) 711 Melba Lane A. STAFF REPORT: June 15, 2017 PROJECT INFORMATION Applicants Darrell Elliott Representative Darrell Elliott Date of Application May 11, 2017 Zone Change from Multi-family Low Density – Special Requested Action Mobile Home Area (MF-L SMHA) to Industrial (IND) Location 711 Melba Lane Existing Land Use Vacant and undeveloped Multi-family Low Density – Special Mobile Home Area (MF-L Existing Zoning SMHA) to Industrial (IND) Surrounding Zoning North: Multi-family Low Density – Special Mobile Home and Land Use Area (MF-L SMHA) to Industrial (IND) South: Industrial (IND) East: Multi-family Low Density – Special Mobile Home Area (MF-L SMHA) to Industrial (IND)/Residential West: Planned Development (PD)/ PATH Shelter Notice Publication of Notice for public hearings of the Planning and Zoning Commission appeared in the Daily Times on Sunday, May 28, 2017. Property owners within 100 feet were sent notice by certified mail on Wednesday, May 24, 2017 and a sign was posted on Friday, June 2, 2017. Staff Planner Teri Clashin, Associate Planner Project Description: The petitioner is requesting a zone change from Multi-family Low Density with a Special Mobile Home Area (MF-L SMHA) to Industrial (IND) for 5.60 acres (243,936 sq. ft.) of land located at 711 Melba Lane (R0023119). The surrounding properties are zoned Industrial (IND), Multi-family Low Density – Special Mobile Home Area (MF-L SMHA) and Planned Development (PD). The petitioner Mr. Elliott proposes to develop approximately 2.5 acres for his business (Industrial Coating Inc.), the remaining 3.1 acres will remain undeveloped. Mr. Elliott proposes to put up a pre-fabricated metal building (estimate size 60’ x 80’ x 20’) on his 1 property, it will include a storage yard to store equipment, vehicles, trailer, tools and materials. He estimates six (6) visits per month from customers. Uniform Development Code (UDC) Pursuant to Section 2.3 Permitted Use Table of the Unified Development Code (UDC), industrial sales and services are not permitted in a Multi-family Low Density – Special Mobile Home Area (MF-L SMHA). A zone change to IND would permit industrial sales and services by right. Sec. 3.16 Industrial District: 3.16.1 Purpose: The industrial (IND) district is primarily intended to accommodate existing low intensity industrial uses. It may, however, also be used to accommodate new development proposals in areas that are adequately served by infrastructure. The IND district is intended to implement the planning policies of the comprehensive plan’s “Industrial” land use designation. STAFF ANALYSIS The UDC states that the city shall consider whether the proposed zoning and land use are compatible with the conforming zoning and land use of nearby properties and with the character of the neighborhood. 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? The Comprehensive Plan 2020 Future Land Use map recommends the subject property as a Residential Single Family Urban Area. The subject property zone change request does not support the comprehensive plan’s land use vision. Therefore, the zone change is not consistent with the Comprehensive Plan. The Comprehensive Plan’s Land Use Policy Guideline and Consideration for Industrial Land Use for manufacturing assembly and warehousing require the following:  There should be good access to primary streets and major thoroughfares;  Industrial uses should not be directly adjacent to residential areas  Separation from other uses by buffers should be provided  Industrial development areas should be accessible to truck routes, hazardous materials routes, and railroads  Appropriately designed industrial uses may be developed in the floodplain. The subject property is located on Melba Lane, which is a local street and does not directly connect to Murray Drive a principal arterial road. The property is surrounded by multi-family low density residential homes, including the PATH homeless shelter and transitional apartments. In addition, the property abuts the Animas River to the northwest and is within a floodway and floodplain area. 2  The Comprehensive Plan’s Action 4.6.1 Designate area for industrial development that are accessible to transportation routes and adequate utilities while protecting existing and future neighborhoods from incompatible land uses (4-12). The requested zone change is an incompatible use that will not preserve and protect the already establish residential area. 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 petitioner’s zone change request to an industrial use is not compatible with the present zoning and character of the area. The subject property is surrounded by residential parcels to the north, west and east of the property. However, the parcel to the south of the subject property is zoned Industrial. It was approved by Council on June 24, 1975 (42 years ago). Currently, the southern Industrial parcel is a storage yard for KG Sewer & Drain Cleaning Inc. The primary business location is at 817 S. Butler Avenue. There are no buildings for the business developed on the property, just vehicles and equipment for KC Sewer & Drain Cleaning. C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? The subject property abuts the Animas River. The northwest side of the property is in a floodway and the remaining property is located in a floodplain area. According to the UDC 5.6 Floodplains, Compliance: no structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. UDC 5.6.10 Floodways, encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodways unless it satisfies and complies with all applicable flood hazard reduction sections of this article. The impact of building on the subject property will require additional environmental studies and potentially FEMA approval. Additional requirements can be found in the staff comments by Toni Sitta. Increased traffic from employees and customers will impact Melba Lane significantly. Currently, Melba Lane is a local residential road, which is narrow without curb and gutter. D. Is the proposed density and intensity of use permitted in the proposed zoning district? The Industrial District does not require a minimum lot size or minimum lot width. The subject property is 5.6 acres. The petitioner has stated that he will use approximately 2.5 acres for his small business and will leave the remaining acreage undeveloped. However, the subject property is located in a residential area and near the Animas River. E. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? 3  The subject property which abuts the Animas River to the northwest side of the property is in the floodway, and the remaining property is located in the floodplain. The subject property is currently vacant and undeveloped, and will require additional environmental studies and possibly FEMA approval. 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 subject property is vacant and undeveloped. The petitioner will be responsible to provide all the necessary public facilities for the property. Water is available for connection on Melba Lane. In addition, there is an existing sewer main available for sewer connection, it will need to be pumped up to the existing gravity sewer main into a manhole on Hydro Plant Road. 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 requested zone change is not considered a spot zone, because the property abuts an industrial property to the south. The Comprehensive Plan recommends the area as Residential Single Family Urban Area. The requested zone change to Industrial is not compatible with the local residential areas to the north, east, and west and could adversely affect the character of the neighborhood. STAFF COMMENTS Community Development: Mary Holton  What impact would the rezoning and eventual development of the 5.6-acre tract have on the adjoining roadways and residential properties?  The 2020 Future Land Use Plan from the 2002 Comprehensive Plan recommends residential uses for the subject area.  The owner is requesting the change so that he can develop a small shop with a yard. Are the entire 5.6 acres needed for this, or can a smaller portion be utilized and rezoned instead?  The PD property to the west is owned by Four Corners Foundation and houses the “A Path Home” homeless shelter facility (operated by PATH) located just north of Hydro Plant Road. Both the owner and the operator should be noticed regarding this petition. Their Master Plan & ZC 11-11 should be consulted to evaluate impacts to that property. 4 Legal: Russell Frost  This property is located so close to the river that allowing the lot to be zoned as industrial would seem contrary to the nation-wide movement toward environmental conservation and adherence to the Clean Water Act. Allowing a “small shop” now, would seem to open the door to the possibility of a large scale industrial area similar to Haliburton on East Main or the ConocoPhillips yard located on Herrera Road. Any change in zoning from residential to industrial, near the river, should be considered alongside every issue that has come up with the ConocoPhillips and Haliburton yards which are located near the river on East Main. Further, if the City of Farmington is ever going to develop the river front area into a City attraction, then allowing any lot or parcel to become zoned Industrial now, seems contrary toward that end. Legal cannot endorse this petition. Parks, Recreation, and Cultural Affairs: Cory Styron  PRCA would be opposed to any change that would or possibly impact the quality and integrity of the Animas River. PRCA would be interested in any options to secure the floodway with recreational easements and continue to protect the river corridor. Public Works: Tony Sitta Public Works Engineering has no comment in regards to the zone change. However, please note:  Structures, fencing, or grading are not allowed within the Zone AE Floodway in the northwest corner of the property without a Conditional Letter of Map Amendment (CLOMR) with Hydrologic and Hydraulic (H&H) study approved by FEMA per FEMA regulations.  The property is located within the Zone AE Floodplain. All proposed structures will be required to provide a floodplain elevation certificate prior to the issuance of a building permit per FEMA regulations.  Additional FEMA documents, studies and approvals may be required for any proposed fencing to be located within the floodplain.  All nonresidential and multifamily development with more than 5,000 square feet of impervious surface shall be subject to the City of Farmington's Supplemental Drainage Requirements of the Unified Development Code (UDC) Section 5.7. Public Works Water/Waste Water: Manuel Tso  Hydro Plant Rd. has an existing sewer main available for sewer connection. However, the sewer connection will need to be PUMPED up to the existing gravity sewer main in Hydro Plant Rd. into a manhole. 5 STAFF CONCLUSION Staff concludes that denial of ZC 17-45 as Industrial is appropriate as the zone change is not in accordance with the City of Farmington’s Comprehensive Plan. Rezoning should be consistent with the policies and land use designations set out in the Comprehensive Plan. The subject property is surrounded primarily by residential uses and it is located within a floodway and floodplain area and an industrial use this close to the river may not be the best use of the land. STAFF RECOMMENDATION The Community Development Department recommends denial of Petition ZC 17-45, a request from Darrell Elliott, for a zone change from Multi-family Low Density with a Special Mobile Home Area (MF-L SMHA) to Industrial (IND) for property located at 711 Melba Lane. 6 7 8 9 10 Photos of subject property 11 12 13 14 15 16 17 18 19 20  Petition Report PP 17-47 Page 1 COMMUNITY DEVELOPMENT PETITION REPORT Preliminary Plan for Piñon Springs Subdivision, Phase I Petition No. PP 17-47 A. STAFF REPORT, June 15, 2017 PROJECT INFORMATION Applicant Floyd Hinesley Representative R. Clayton Harrison of CHC Engineers Date of Application May 18, 2017 Requested Action Preliminary Plan approval Northwest of English Drive north of Crestwood Estates Location Subdivision. Existing Land Use Vacant land Existing Zoning SF-10 Single Family Residential District North: Unincorporated San Juan County & RE-1 Residential Estates – Vacant & Residential Surrounding Zoning & South: SF-10 Single-family Residential – Residential Land Use East: RE-1 Residential Estates/ Vacant West: Unincorporated San Juan County – Vacant Subdivision Class Class 1 Notice Preliminary Plans do not require notice Staff Planner Cynthia Lopez, Planning Manager SUBDIVISION INFORMATION Number of Lots 14 lots. Acres of Land 4.9Acres. Minimum Lot Size 10,012.50 square feet. Water: Per City standards. Utilities Sewer: Per City standards Electric: Per Electrical Engineering Access The subdivision connects to English Drive to the east and & Circulation creates Rosie Court through the subdivision. Street Lights Per City standards Street Signs Per City standards Fire Hydrants Per City standards Drainage Per City standards Parks & Rec Fees Per City standards 21  Petition Report PP 17-47 Page 2 NBU Mail Box Coordinated with USPS GENERAL INFORMATION The petitioner is requesting preliminary plan approval of a Class 1, 14-lot subdivision of 4.9 acres located northwest of English Drive and north of Crestwood Estates Subdivision in the SF-10 Single Family Residential District. This is proposed as Phase I of the Piñon Springs Subdivision. The property was approved for a zone change on December 9, 2014 (AC 14- 07). The entire parcel of land owned by Mr. Hinesley is 39.22 acres. Only the western portion of the parcel was approved for the zone change to SF-10 zoning in 2014, which was proposed on the zone change application as a 48 lot subdivision. The eastern portion of the parcel is zoned RE-1 Residential Estates and was proposed as an eleven lot subdivision in 2014. The petitioner is developing the western portion of the parcel in the SF-10 zoning district in phases. This application is for Phase I and the developer will extend English Drive 287.59 feet to the north and construct a 50 foot Right-of-Way to the west (Rosie Court) from English Drive for access for the 14 lots. The minimum lot size in this development is 10,012.50 square feet and the maximum lot size is 21,928.71 square feet. Rosie Court will eventually make a U-turn and reconnect with English Drive. Phase II will add an additional 7-lots at a future time. A check of the Street Dictionary shows that the only other street in the City with a similar name to Rosie Court is Rosa Street. Rosewood Trail is designated on the City’s GIS Map and proposed in the application for the future Wildflower Subdivision. Rosa Street and Rosa Court are similar sounding street names and could be confused during an emergency. The petitioner should change the name of Rosie Court to meet the requirements of the Farmington Street Naming Policy. Currently Crestwood Estates Subdivision, a 269 lot subdivision, has two access points to English Drive, Crestwood Drive and Sandalwood Drive. At full build-out Piñon Springs Subdivision will be required to connect English Drive with Antelope Junction to the north to provide a third access point. Section 6.4.7 E of the Unified Development Code states: “Dead-end streets shall be no more than 600 feet long unless otherwise necessitated by topography. Temporary turnarounds shall be provided at the closed end with a turnaround have an outside diameter of at least 80 feet. Such temporary turnarounds shall be required where the street stub exceeds on lot or 100 feet in length, whichever is greater. The developer shall provide a sign at the dead-end declaring that the particular street shall connect with any future development.” Construction drawings and drainage calculations for Phase I have been submitted to the Public Works Department which are under review. 22  Petition Report PP 17-47 Page 3 ISSUES Community Development Director: Mary Holton – 599-1285  Traffic Engineering needs to advise if English Drive needs to be extended to Antelope Junction with the development of this subdivision.  Drainage has been identified as a major issue for this area in previous applications. Public Works needs to advise if this issue has been resolved satisfactorily or if it requires additional accommodation by this developer.  The name of the proposed new roadway – “Rosie Court” – must be reviewed for any duplications and/or conflicts and approved by San Juan County Communications Authority, as well as by the City’s Police and Fire Departments. Fire Captain: David Doudy – 599-2361  This project will increase the number of single family residences served by a single access from 41 to 55. This will require a second access be provided for fire department access in the continuation of English to a cross street leading to Foothills. Three possible streets are Rinconada, Johnson Terrace or Escalante Trail.  In addition this project will require that addition of fire hydrants and waterlines to comply with city regulations. Fire Chief: Terry Page and Chief Hebbe – 599-1341 & 599-1039  My opinion is that Rosie and Rosa are in fact too similar and could potentially be confused when given over the phone or radio in case of an emergency. My recommendation is to oppose the use of the street name Rosie in Farmington. I have no issues with Rosewood. Engineering: Toni Sitta – 599-1399  Please include a benchmark elevation referenced from City of Farmington GPS monument, including Northing & Easting on one corner of the surveyed lot.  Please include distance and bearing information on drainage easements.  Subdivision Construction Design comments will be made separately. Traffic Engineering: Charles Trask 505-599-8201  Provide curb, gutter, sidewalk conforming to ADA. Provide paving. Please coordinate this comment with City Engineer.  Temporary cul-de-sacs appear to be outside the subdivision. Needs an agreement as to geometry and maintenance 23  Petition Report PP 17-47 Page 4  Provide street lighting on corner lots, Lot 1, facing towards English Drive, Lot 10 facing midpoint of curve on Rosie Court, and Lot 41 facing Rosie Court. Street lighting shall be LED, conform to NM Night Skies Act, and conform to FEUS standards  Provide STOP sign and STREET NAME sign on the southeast corner of English Drive and Rosie Court. Signs and posts shall conform to City Traffic Engineering standards. Water/Wastewater: Manuel Tso– 599-8321  Provide information showing the proposed lot elevations and the calculated static water pressure for each lot in the subdivision. If water pressure is not adequate, the developer will have to extend a waterline from the 6E zone and each lot will have to pay the 6E zone impact fee when permit is issued. Planning Division: Cynthia Lopez– 599-1448  The plat shows 2 cul-de-sacs (temporary turnarounds) at the north end of the development. They are labeled as 50 feet but do not designate if that is a diameter or a radius. They scale as a radius of 50 feet with a diameter of 100 feet. Please label correctly to meet the requirements of the UDC (80 foot diameter) for a temporary turnaround on a dead- end street.  Please include a plat note restricting access to English Drive from the lots. All lots should take access to Rosie Court. STAFF CONCLUSION Staff concludes that the approval of Petition PP 17-47, Piñon Springs Subdivision, Phase I, is appropriate, subject to technical and corrective changes as required by the City of Farmington. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition PP 17-47, a request from Floyd Hinesley represented by R. Clayton Harrison of CHC Engineers, for the Preliminary Plan for the Piñon Springs Subdivision, Phase I, a 14-lot subdivision on 4.9 acres located northwest of English Drive and north of Crestwood Estates Subdivision in the SF-10 Single Family Residential District, with the condition that a plat note restricts access to English Drive from the lots and that the proposed street named on the plat as Rosie Court be changed to meet Farmington’s street naming standards. 24  Petition Report PP 17-47 Page 5 Ph as eI 25  Petition Report PP 17-47 Page 6 Fa rmi ngt on Zo nin g Ma p 26  Petition Report PP 17-47 Page 7 27  Petition Report PP 17-47 Page 8 28  Petition Report PP 17-47 Page 9 29  Petition Report PP 17-47 Page 10 30  Petition Report PP 17-47 Page 11 31  Petition Report PP 17-47 Page 12 32  Petition Report PP 17-47 Page 13 33  MINUTES PLANNING & ZONING COMMISSION May 25, 2017 The Planning and Zoning Commission met in a regular session on May 25, 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 Paul Thompson Cody Waldroup P&Z Members Absent: Del Washburn Staff Present: Helen Landaverde Cindy Lopez Toni Sitta Cory Styron Karen Walker Others Who Addressed the Commission: William Dutremaine Chad Germany Donald Gridley Matilda Gridley Shawn Montoya Doug Murray Mark Silversmith 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 May 11, 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. Commissioner Freeman arrived at 3:05. CONSIDERATION & RECOMMENDATION SUP 17-32 Certificate of Appropriateness for the remodel and addition at the Farmington Civic Center 200 W. Arrington Planning & Zoning Commission Discussion of Petition SUP 17-32 on May 25, 2017 Planning Manager Cindy Lopez presented the staff report for SUP 17-32, a request from the City of Farmington, Parks, Recreation and Cultural Affairs, represented by Sergio A. Meza of GC/SJCF Architects and Cory Styron, Director of Parks, Recreation and Cultural Affairs, for a Certificate of Appropriateness for the remodel of the Civic Center in the MU/RPO Mixed Use District with a Residential Preservation Overlay for property located at 200 W. Arrington. The southern-most properties are in the GC General Commercial District and do not require the approval of a Certificate of Appropriateness, said Ms. Lopez. The northern-most properties are in the MU/RPO. The Certificate of Appropriateness is applicable to the RPO for “an addition to an existing nonresidential building, or an interior or exterior remodeling of any existing building equal to 50% or more of the building’s value.” The district standards state “In addition to standards of the underlying zoning district and other applicable standards of this UDC, all development in the RPO district shall be subject to the approval of a “Certificate of Appropriateness” in accordance with the procedures of section 8.9, special use permits…” Ms. Lopez said the remodel of the Farmington Civic Center consists of exterior and interior work for the exhibit hall buildings and for the theater building. The exhibit hall will also receive a new 5,500 gross square foot addition to the exhibit hall ballroom. The remodel will include updates to the meeting rooms, kitchen, existing administrative offices, restroom areas, lobby and theater. The existing ballrooms will receive new roofing and HVAC work. The exterior walls will receive patching of damaged wall areas, as well as, a new color scheme. Landscaping will be added on the south of the property. Staff recommends approval of this petition. Cory Styron noted that the Civic Center project is approximately a $12 million upgrade that will help improve the downtown area. This was part of a feasibility study to determine the correct size of the facility. The remodel has been through several public meetings and the City Council. Mark Silversmith, who resides at 206 N. Allen, asked what the City planned to do with the dirt area where the Daily Times building used to be. Mr. Styron said that area will be updated with handicapped parking and landscaping. Planning & Zoning Commission Discussion of Petition SUP 17-32 on May 25, 2017 A motion was made by Commissioner Langenfeld and seconded by Commissioner Brown to approve Petition SUP 17-32, a request from the City of Farmington, Parks, Recreation and Cultural Affairs, represented by Sergio A. Meza of GC/SJCF Architects and Cory Styron, for a Certificate of Appropriateness for the remodel of the Civic Center in the MU Mixed Use District with a Residential Preservation Overlay for property located at 200 W. Arrington. AYE: Chair Cardon, Commissioners Brown, Davis, Freeman, Langenfeld, Ragsdale, Thompson, and Waldroup. NAY: None Abstained: None Absent: Commissioner Washburn. Motion passed 8-0 CONSIDERATION & RECOMMENDATION ZC 17-33 Zone Change from PD LNC to GC 5600 Mickey Drive Planning & Zoning Commission Discussion of Petition ZC 17-33 on May 25, 2017 Associate Planner Helen Landaverde presented the staff report for ZC 17-33, a request from Linda and Anthony Montoya for a Zone Change from LNC PD, Local Neighborhood Commercial Planned Development to GC, General Commercial for 0.72 acres located at 5600 Mickey Drive. The owner would like to change to GC to allow for other commercial uses that are less restrictive at this location for potential commercial tenants; more specifically a mortgage company. There is a shopping center on the property, said Ms. Landaverde. Surrounding properties are zoned SF Single Family, GC, and OP Office Professional. The property to the east is GC and there are other GC areas along East Main Street. The purpose of GC is to accommodate existing commercial uses along thoroughfares and may be used to accommodate new development proposals. The property had a previous zone change. Petition No. 1770 changed the zoning from R-1A, Residential Single Family to C-1/PUD Local Commercial Planned Unit Development under the previous zoning code. The current zoning is LNC Local Neighborhood Commercial with a PD Planned Development overlay. Ms. Landaverde said the proposed zone change complies with objectives and actions of the Comprehensive Plan concerning different land use types and commercial development. Additionally, the petitioner meets the following guidelines and considerations for the proposed zone change: businesses should be accessible from residential areas, commercial uses should be along major thoroughfares and intersections, and there should be a mixture of shopping malls, commercial strip centers, free standing commercial sites, and neighborhood stores. The petition is compatible with the neighborhood, does not adversely impact the area, and meets the density standards for GC. Staff recommends approval. Commissioner Thompson asked if GC allows for outdoor storage. Ms. Lopez said it will allow outside display with a SUP, Special Use Permit. Outdoor storage must be screened from view. Commissioner Freeman asked what the history of the property was when it went from Residential to LNC and why the property was not zoned GC from the beginning. Ms. Lopez said when the petitioner decided to build the shopping center, staff at that time recommended LNC because there was opposition from the residents to the north. The LNC PD zoning was done prior to our current code. Ms. Lopez noted that the area is changing to more commercial uses along E. Main Street. Commissioner Langenfeld asked if the less restrictive zone of GC might be an issue for the residential area in the future. Ms. Lopez said GC is less restrictive than LNC but should not be a problem. The main issue may be that GC would allow that LNC would not allow is a drive-thru window for a restaurant. Due to the layout of the building, a drive-thru would be very difficult to achieve. The property to the east is zoned GC and is owned by the same family as this property. Commissioner Freeman asked why the petitioner wanted the zone change. Ms. Lopez said the petitioner wanted to have a loan company go into one of the shops. Loan companies are not allowed in LNC. Shawn Montoya, who resides at 966 Highway 170, is Anthony Montoya’s son and is representing him. Mr. Montoya said there are no changes proposed with this zone change and there are no plans for a drive-thru window or outside storage. It was recommended to ask for a zone change to allow fewer restrictions for the shop renters. Ms. Lopez said the tenants were having issues with allowable signage because LNC is more restrictive. The zone change is reasonable considering the progress of commercial uses in the area. Planning & Zoning Commission Discussion of Petition ZC 17-33 on May 25, 2017 A motion was made by Commissioner Waldroup and seconded by Commissioner Freeman to approve Petition ZC 17-33, a request from Linda and Anthony Montoya for a Zone Change from LNC PD, Local Neighborhood Commercial Planned Development to GC, General Commercial for 0.72 acres located at 5600 Mickey Drive. AYE: Chair Cardon, Commissioners Brown, Davis, Freeman, Langenfeld, Ragsdale, Thompson, and Waldroup. NAY: None Abstained: None Absent: Commissioner Washburn. Motion passed 8-0 CONSIDERATION & RECOMMENDATION SUP 17-36 Special Use Permit for Mining and Extractive Prior to Allowing a Permanent Asphalt/Concrete/Redi-Mix Plant East side of Troy King Rd. & south of Twin Peaks Blvd. Planning & Zoning Commission Discussion of Petition SUP 17-36 on May 25, 2017 Planning Manager Cindy Lopez presented the staff report for SUP 17-36, a request from ABC Concrete, represented by Nathan A. Barton of Wasteline6, for an SUP Special Use Permit for Mining and Extractive Uses prior to allowing a permanent Asphalt/Concrete/Redi-mix plant located on 9.5 acres on the east side of Troy King Road and approximately 1,500 feet south of Twin Peaks Boulevard. The petitioner is requesting a SUP for mining, extraction, processing and storage of aggregates while the site is being graded to prepare the site for a permanent industrial use as a concrete manufacturing facility. The proposed area of operations of the Mining and Extractive Use is in the northeast corner of the site. The properties around it are primarily vacant and zoned IND Industrial. However, there is a single-family mobile home area to the southwest. It is approximately 500 feet from the nearest residence to the corner of the property, said Ms. Lopez. The area was annexed into the city when Tibbets Middle School was built in 2011. There is GC General Commercial to the north and east, PIP Planned Industrial Park to the west, and IND to the south. There is a Concrete/Asphalt plant with an SUP north of the proposed property in the IND district. The conditions for Mining and extractive uses is that they must have a minimum of 5 acres, and they must be in compliance with bonding, revegetation, and reclamation requirements of the New Mexico Energy, Minerals, and Natural Resources Department. The applicant submitted an Air Quality Application with the State on April 25, 2017, as well as a Storm Water Application. Ms. Lopez stated the conditions for an Asphalt/Concrete/Redi-mix plant are a minimum lot area of 5 acres and minimum setbacks of 100 feet on all sides, The owners are currently negotiating with the adjacent property owner to the east and north to buy more land for more opportunity for extracting aggregate materials. This petition meets the Comprehensive Plan for an IND site. The area was once outside the city limits, but was recommended in the 2020 Future Land Use Map to be IND. Staff recommends approval with the condition that the petitioner will submit an application to the City for a SUP with a site plan prior to review and approval by the City Council for the permanent concrete manufacturing plant. Doug Murray of 1004 S. Lake, owner of ABC Concrete, said he owns a precast operation on S. Lake where he sells concrete. The purpose of the operation on Troy King Road is to provide sand and gravel for the concrete. The property was purchased 8 years ago, and when the property was annexed into the city, it was requested that it be rezoned for use as an asphalt plant. Currently, there is a shortage of competition for sand and gravel sales. Mr. Murray said his precast operation covers 46 states. He is doing work for the government and needs to have specific materials that are necessary for military use. Mr. Murray said he is using extensive dust control and noise suppression to provide a low impact on neighboring residents. Commissioner Thompson asked Mr. Murray if he will be lowering the grade during excavation. Mr. Murray said the initial survey allows for a 40 to 50 foot lowering of the grade, but it will be filled back in after excavation is finished. Guidelines must be followed during the process. The area will have to have a berm around it according to requirements. It has been used as a dumping site in the past. The debris will be cleaned up. Mr. Murray said he has verbal commitments to purchase the properties to the east and to the north. The land to the north will provide fill dirt after the excavation is finished. Commissioner Freeman asked about the creation of dust from wind and from the crusher. Mr. Murray said the crusher has minimal dust and a spray bar will be used to eliminate dust. It will not be a continual operation with the crusher. The crusher is mobile and will be taken off line at times. Don Gridley, Mesa Community Mobile Home Park manager at 2011 Troy King Road, said he is concerned about the creation of dust and noise. Mr. Gridley said he has not had any problems with the other concrete plant on Troy King Road, but he is mainly concerned about the increase in traffic from large trucks and any issue with safety due to cars driving fast on that road. Commissioner Freeman asked Mr. Gridley how far the entrance to the mobile home park was from Mr. Murray’s property. Mr. Gridley said it was approximately 800-1000 feet away. Matilda Gridley, Mesa Community Mobile Home Park manager, asked if the area of operation would ever expand. She also asked if there was any recourse if the dust or noise became a problem. Ms. Lopez said if there are any problems, Code Compliance officers can address the problem. NMED New Mexico Environmental Department can also be notified if there are problems with dust or noise. Doug Murray said the Air Quality permit is very specific and any violation will result in a loss of operation. Mr. Murray said the permit for noise is also specific. There is a maximum decibel level that cannot be violated. The plant is permitted to operate between 7:00 a.m. and 7:00 p.m., six days a week and not on Sunday. The maximum number of trucks allowed is 90 per day at full production. A traffic analysis was done and Troy King Road is capable of handling 3-times that number of trucks going both directions. Mr. Murray said a lot of time was spent to make sure everything is done correctly and that there is not a negative impact on the neighbors. Mr. Murray said he intends to move downhill to the east, which is further away from the neighbors as he progresses with the extracting. Chair Cardon asked if the operation will become larger. Mr. Murray pointed to a map with an outline on where the crusher will have to go. He said the entire property will be mined and refilled. Ms. Gridley asked if the operation will go up to the property line. Mr. Murray said he has to maintain predetermined setbacks of 25 feet. He mentioned that the operation will take place over a 6-7 year span. Commissioner Freeman asked if acceleration or deceleration lanes were recommended in the traffic study. Mr. Murray said the traffic study did not recommend them. He noted that the main traffic on Troy King Road is from Tibbetts Middle School. Oil field companies and another concrete plant also use the road. He said traffic is very minimal on Troy King Road. Mr. Murray noted that the main entrance to Mesa Community Mobile Home Park is 1,222 feet from the entrance to the concrete operation. Commissioner Freeman asked what percentage of trucks will be going out of the plant. Mr. Murray said it will probably be less than a truck a day for now. Future progress will depend on the economy. Don Gridley said he wanted it on record that the Mesa Community Mobile Home Park has 466 mobile home sites and over 900 cars. He said Troy King Road can be very busy. William Dutremaine who resides at 511 E. 20th Street said he owns the property around Mr. Murray’s operation. Mr. Murray has shown interest in buying his property to the east. If that happens, Mr. Murray can move his crusher downhill where it will be less of a problem for neighbors in regards to dust or noise. Commissioner Langenfeld asked for a clarification from staff on the conditions in the staff recommendation. She asked if the condition that the petitioner submits an application to the City for a SUP with a site plan prior to review and approval by the City Council for the permanent concrete manufacturing plant addresses the comment by Director Holton where she says “the proposed site diagrams should be referenced and attached to the Findings of Fact.” Ms. Lopez said this petition, SUP 17-36, is for the mining and extraction process. Mr. Murray will have to come back for another SUP when he is ready to build the concrete/asphalt plant. That process is not included in this SUP. This application was only for mining and extraction. The petition report does include the site diagrams and they are part of the record. Commissioner Waldroup asked if this SUP will suffice if the company buys the other property and wants to move the crusher. Ms. Lopez said the other property is zoned GC General Commercial and would require a zone change. Mr. Waldroup asked if there was any way to simplify the process for Mr. Murray so he would not have to do another SUP. Ms. Lopez said the UDC Unified Development Code lists mining and extraction in a different category. It requires a different permit for an asphalt plant because of bigger setbacks and the requirement review of a site plan. Planning & Zoning Commission Discussion of Petition SUP 17-36 on May 25, 2017 A motion was made by Commissioner Davis and seconded by Commissioner Thompson to approve Petition SUP 17-36, a request from ABC Concrete, represented by Nathan A. Barton of Wasteline6, for an SUP Special Use Permit for Mining and Extractive Uses located on 9.5 acres east of Troy King Road and south of Twin Peaks Boulevard with the condition that another SUP be acquired when ABC Concrete is ready to build the asphalt plant. AYE: Chair Cardon, Commissioners Brown, Davis, Freeman, Langenfeld, Ragsdale, Thompson, and Waldroup. NAY: None Abstained: None Absent: Commissioner Washburn. Motion passed 8-0 CONSIDERATION & RECOMMENDATION SUP 17-37 Special Use Permit for a Daycare in the RE-1 District at Copper Ridge Church and a Waiver to the Outdoor Play Yard Fence Height 805 Saguaro Trail Planning & Zoning Commission Discussion of Petition SUP 17-37 on May 25, 2017 Associate Planner Helen Landaverde presented the staff report for SUP 17-37, a request from Copper Ridge Church, formerly First Assembly of God, represented by Chad Germany, for a daycare to be located in the church in the RE-1 Residential district at 805 Saguaro Trail, and a waiver to the height of the outdoor play yard fence for the daycare. Pursuant to the City of Farmington UDC 2.4.16(D) Day Care Centers “Outdoor play or instruction area shall be enclosed by a fence or hedge no less than six feet in height.” The petitioner is requesting a waiver to allow a four-foot tall fence for the outdoor play area. The proposed day care center will be in the existing building of Copper Ridge Church. The property is 10.8 acres. The surrounding properties are zoned residential. Daycares are allowed in the RE district with an SUP Special Use Permit. The petitioner is proposing to initially provide care to 65-85 children and may later expand supervision to a total of 135 children. The daycare center will initially occupy six rooms for a total of 2,831 sq. ft. The proposed hours of operation will be Monday through Friday from 6:00 a.m. to 6:00 p.m. The entrance to the daycare center will be from the east end of the building. The drop-off and pick-up area will be at the main entrance on the north side of the building. The drop-off area will be closed from 8:30 a.m. - 5:30 p.m. and pick-up time will be after 5:30 p.m. Pursuant to UDC Section 13.4.1, Traffic impact analysis, a TIA shall be prepared for proposed developments, or additions to existing developments, that generate more than 100 trips during the morning or afternoon peak hour period. It is not anticipated that the addition of 85 children to the daycare will require a TIA at this time. The petitioner is also proposing to have indoor and outdoor recreation areas. There is an existing outdoor play area with approximately 1,677 sq. ft. of space on the east side of the subject property. The outdoor play area is enclosed by a four-foot tall wrought iron fence. Pursuant to New Mexico Administrative Code (NMAC) 8.16.2.24 (J) (2) “A center will enclose the outdoor play area with a fence at least four feet high. SUP 17-37 meets the criteria listed in the UDC. The daycare would be at a capacity to provide daycare to 80 children and would meet the NMAC requirements. There is adequate space for off-street parking and drop-offs/pick-ups. The proposed use is compatible and consistent with the Comprehensive Plan. Any additional space for the daycare within the existing building or surrounding property would have to comply with state requirements and UDC standards. Staff recommends approval for Petition SUP 17-37 and the waiver for the 4 foot tall fence subject to the conditions that the petitioner provide a copy of the child care license from the State of New Mexico to the City Clerk for Business Registration Application, and if the day care center capacity increases to over 85 children, the petitioner will apply to the Community Development Department to amend the approved SUP to determine the need for a TIA. Commissioner Freeman asked what the UDC height requirement was for the fence. Ms. Landaverde said the requirement is 6 feet. Commissioner Langenfeld asked about Director Holton’s comment about a site plan for the size at build out. Ms. Landaverde said all necessary documentation was provided. Commissioner Waldroup mentioned that Director Holton made a comment about the Engineering Department reviewing the petition. Ms. Landaverde said it had been reviewed by Traffic Engineering. Chad Germany, pastor of Copper Ridge Church at 805 Saguaro Trail, said there is a preexisting 4 foot fence and the church would like to not incur the additional cost of raising the fence 2 feet. Mr. Germany said the child care facility and fence meet CYFD Children, Youth, and Family Department, requirements. He said Cooper Ridge Church intended to launch the daycare with 65 children and does not intend to expand the current building. Additional lighting and an egress window is required for the daycare rooms, and that is being done by Sunglass. Mr. Germany said there are additional rooms that can be used in the future if business goes well. Commissioner Freeman recused himself when he became aware that the petitioner was using Sunglass to comply with the daycare requirements. Commissioner Langenfeld mentioned a comment from the legal department about a previous agreement with this property and the City of Farmington. Ms. Lopez said Mr. Russel, with the legal department, was confusing this property with the church next door. Commissioner Davis asked if this petition will have any effect on the improvements to Dustin. Ms. Lopez said Saguaro Trail intersects with Dustin before Dustin becomes unpaved. All requirements necessary are currently present for this part of Dustin. Commissioner Thompson asked why the UDC states that a 4 foot tall fence is not high enough, but CYFD regulations stated that 4 foot is enough. Ms. Lopez said the State used to require a 6 foot tall fence, and the City code was written using the previous requirement. The State has changed their requirements and the City will need to change their code. Commissioner Thompson asked if a specific type of fence is required for a 4 foot tall fence. Mr. Thompson said a chain-link fence would be very easy for a child to climb. He said the city might want to consider that issue when they change the code. Planning & Zoning Commission Discussion of Petition SUP 17-37 on May 25, 2017 A motion was made by Commissioner Brown and seconded by Commissioner Ragsdale to approve Petition SUP 17-37, a request from Copper Ridge Church, formerly First Assembly of God, represented by Chad Germany, for a daycare to be located in the church in the RE-1 Residential district at 805 Saguaro Trail. AYE: Chair Cardon, Commissioners Brown, Davis, Freeman, Langenfeld, Ragsdale, Thompson, and Waldroup. NAY: None Abstained: None Absent: Commissioner Washburn. 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 the Members Business from Staff: Ms. Lopez stated that Petition ZC 17-30 from Brad Wenzel for a zone change at 511 W. Maple was taken off consent at the May 23, 2017 City Council meeting. A neighbor expressed concerns about Mr. Wenzel’s intentions for the property. City Council ultimately approved the petition. Adjournment: With no further business and a motion by Commissioner Ragsdale and seconded by Commissioner Thompson, the Planning and Zoning Commission meeting May 25, 2017 was adjourned at 4:314p.m. ____________________________ _____________________________ Joyce Cardon Karen Walker Chair Administrative Assistant