Planning & Zoning

A GENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive September 14, 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 July 27, 2017 P&Z Meeting 35 4 Petition No. ZC 17-59 – a request from Charles A. Hoisington with Open Loop 1 Energy, Inc., for a zone change from GC, General Commercial, to IND, Industrial District, and for a variance to setback requirements in the IND District, for 1.23 acres for property located at 403 E. Animas. (Cindy Lopez) 5 Discussion and motion to amend the Planning & Zoning Commission Rules of 26 Procedure 6 Business from: Floor: Chairman: Members: Staff: 7 Adjournment The City of Farmington has implemented security procedures that necessitate the need for all attendees of this meeting to enter through the front doors. The recommendation of the Planning and Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, September 26, 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 19 20 21 22 23 24 25  City of Farmington Planning and Zoning Commission Rules of Procedure Article 1 Organization These rules are supplementary to the provisions of the Farmington Municipal Code, Sec. 2- 4-181 through Sec. 2-4-189 for the City of Farmington Planning and Zoning Commission and the Unified Development Code (UDC). The Planning and Zoning Commission (Commission) shall consist of nine (9) members and one alternate who shall be residents of the City of Farmington, appointed by the Mayor and confirmed by the City Council. Article 2 Officers and Duties Section 1. Powers and Duties The Commission shall primarily act as a legislative advisory review commission to the City Council. It shall be the duty of the Commission to advise and submit its recommendations to the City Council on matters submitted to it. More specifically, the Commission shall have the following powers and duties, unless otherwise directed by the City Council. The City Attorney shall be consulted in cases where the powers of the Commission are not clearly defined. Section 2. Officers The officers of the Commission shall be a Chairperson and a Vice-Chairperson elected for one year terms at the first meeting of the Commission in each calendar year. Section 3. Chairperson The Chairperson shall be a voting member of the Commission and shall: A. Call meetings of the Commission; B. Act as spokesperson for the Commission; C. Preside at all meetings; D. Sign documents for the Commission; E. Perform other duties approved by the Commission. Section 4. Vice-Chairperson The Vice-Chairperson shall exercise the duties of the Chairperson in the absence, disability, or disqualification of the Chairperson. In the absence of the Chairperson and Vice- Chairperson, an Acting Chairperson shall be elected by majority vote of the members present. 26 Section 5. Alternates Alternates may be appointed as deemed necessary by the Mayor and confirmed by the City Council. Alternates will be bound by the same requirements as other Commission members. They shall vote as a Commission member when fewer than nine (9) Commissioners are present at a meeting. Alternates shall not vote when all nine (9) Commissioners are present, but may take part in discussion. Section 6. Staff Per Section 7.5.1 of the Unified Development Code, “The person designated by the City Manager as the Community Development Director of the City shall be the Director.” Staff shall be defined as employees of the City of Farmington including the Director and subordinates of the Director. The Director shall provide Staff, as needed, to the Commission. Section 7. Membership Terms A. The Mayor may appoint Commissioners from a variety of professional, occupational, and other groups within the city at his or her discretion for the purpose of creating a representative cross-section of the community. B. Members of the Commission shall serve staggered terms of two (2) years each. Following the expiration of such term, appointments to the Commission shall be automatically extended until the vacancy is filled by appointment of the Mayor, and confirmed by the City Council. C. A vacancy occurring in the membership of the Commission shall be filled as soon as is reasonably possible as appointed by the Mayor and confirmed by the City Council for the remainder of the unexpired term of such member. D. Members may be removed by the Mayor for cause, subject to the approval of the City Council in the manner specified in NMSA 1978, §3-19-2. Article 3 Meetings Section 1. Definition Meeting shall be defined as an “open public forum” held by an advisory board, as opposed to a decision making body which holds “hearings”. Section 2. Time and Place A. Regular meetings shall be held on each Thursday following each second and fourth Tuesday of each month at 3:00 p.m. in the City Council Chambers, unless such day is a City-designated holiday. B. Regular meetings may be canceled by the Chairperson when there are no cases pending. Notification must be given to members not less than forty-eight (48) hours prior to the set date and time for such meeting. Public notice must also be given of a cancelled meeting. C. Special meetings may be called by the Chairperson at his or her discretion, or upon the request of two (2) or more members, provided that 48 72 hour notice is given to each member. D. All meetings shall be open to the public. 27 Section 3. Agenda A written agenda shall be furnished by Staff to each member of the Commission, and shall be posted at least five (5) days prior to each regular meeting, and at least twenty-four (24) seventy-two (72) hours prior to a special meeting. Items may be added to the agenda by majority vote at a meeting. Section 4. Notices for Meetings An annual schedule of regular meetings shall be adopted, published and posted at the office of the Community Development Department in December of each year. Special meetings may be called by the Chairperson upon twenty-four (24) seventy-two (72) hour notice, posted and delivered to all members and local news media. Meetings shall be held at the location stated in the notice, and shall be open to the public. Article 4 Procedures Section 1. Legislative Meetings versus Quasi-judicial Meetings All Meetings of the Commission shall be assumed to be Legislative Meetings unless otherwise stated on the agenda or during the meeting to be Quasi-judicial Meetings as defined in Article 7, Section 1. A specific portion of a meeting may be specified to be Quasi- judicial while the rest of the meeting is legislative, in which case the item to be heard as Quasi-judicial should be the last item on the agenda, prior to business from the floor. Section 2. Order of Business In matters brought before the Commission which were initiated by an applicant, the normal order of the meeting, subject to modification by the Chairperson, shall be as follows: A. Statement of matter to be heard (Chairperson) B. Presentation by Staff C. Presentation by Applicant and/or Representative D. Presentation by Opponents E. Rebuttal by Applicant and/or Representative F. Other public comment when appropriate G. The Commission may question participants at any point in the meeting H. Matters in which additional time is needed may be moved to the end of the agenda Section 3. Applicant Applicant shall be defined as a person, firm, or corporation submitting an application for development, a permit, or other required approval under the Farmington Municipal Code. “Applicant” includes the owner of the property subject to the application and any person designated by the owner to represent the owner. The Applicant, or person acting on the applicant’s behalf (Representative) for consideration of items before the Commission, shall appear at the scheduled public meeting. Failure to appear on planning and zoning-related applications submitted by the Applicant shall not bar the Commission from acting on the item. The Commission may, at its discretion, conduct the public meeting as scheduled, taking public comment from those in attendance. 28 Section 4. Requests for Tabling Any applicant may request that the Commission table their application by submitting such request in writing to Staff. The Commission may, upon good cause shown, table such item upon its own motion. Items should be tabled to a specific meeting date whenever possible, but may also be tabled indefinitely. Section 5. Withdrawal If an applicant desires to have an application removed from the table, the applicant shall notify the Staff in writing. If tabled to a date-specific meeting, the applicant does not have to request removal for that date. Article 5 Conduct Section 1. Ex Parte Communications Ex Parte Communications are defined as talking, either in person or by phone, to a commission member when the other side is not present; or presenting information to the member that the other side does not receive. A. The Planning and Zoning Commission recognizes that the prevention of ex parte communications may be impossible. In order to do our best to ensure a fair and open meeting and decision making process, the Commission will use the following protocol when involved in contacts with the public outside of the public meeting: 1. Keep such contacts to a minimum in those areas of concern, especially when the issue involves final action by the Commission 2. If there are ex parte contacts with the applicant or opponent that result in new information, such contacts and the information should be disclosed on the record to give the other side the opportunity to refute. After a public meeting is closed, such contacts should be kept to a minimum. 3. On items that are likely to generate a request to defer the vote for additional information or continued discussion, the Commission should continue the public meeting. 4. The Commissioners will request that comments or additional information be put in writing and sent to the Community Development Department for distribution to all Commissioners, as well as the applicant and his/her representative. 5. Commissioners may contact Staff to ask generalized questions. Staff shall endeavor to send written responses to all commission members. 6. Staff may not provide specific information about upcoming applications that is not already included in the agenda and backup materials. Section 2. Conflicts of Interest A Conflict of Interest is a contradiction between an individual’s personal interest and his or her public duty. It can include a financial interest, meaning an interest held by a person, that person’s spouse or minor children, which is any ownership interest in a business, any employment, or any prospective employment for which negotiations have already begun. A conflict of interest can exist whether or not there is a financial interest involved. If a Commissioner feels they have a possible or perceived conflict of interest, they must disclose the circumstances to the Chairperson during the scheduled meeting for that specific item. Conflicts of interest should be disclosed prior to the presentation of the applicable item, or immediately after a Commissioner becomes aware of the conflict of interest, whichever 29 occurs first. After disclosing the conflict of interest to the Chairperson, the Commissioner shall then choose from the following options: A. If the Commissioner feels they are unable to remain neutral or if they feel that the appearance of impropriety would prevent them from participating, they may voluntarily withdraw from further discussion or action by requesting Recusal from the Chairperson. If the Recusal is granted, the Commissioner should leave the room only for the item in question. B. If the Commissioner feels they are able to remain neutral and participate with regard to the item, the Commission may discuss the conflict of interest, ask questions, and vote for Disqualification. If the Commission votes for Disqualification, the Commissioner should not participate in the discussion or vote on the item. If the Commission votes against Disqualification, the Commissioner may fully participate in discussion and vote on the item. Section 3. Meeting Conduct A. The Commission shall deal with only one matter at a time. B. All people attending the meeting have equal rights, privileges, and obligations. C. Every matter presented for decision should be discussed fully. D. A member always has the right to request information on any question or motion presented that he or she does not thoroughly understand. Section 4. Individuals Addressing the Commission A. Persons addressing the Commission should direct their comments to the Chairperson unless addressing a specific Commission member’s question or statement. Unless stated to be a quasi-judicial meeting, at no time shall speakers address any one but the Commission. B. While addressing the Commission, all persons will be courteous and shall not make any personal, impertinent, or slanderous remarks. No person shall act in a disorderly manner. C. The Chairperson may prohibit any person, who violates these rules, or fails to comply with directions given by the Chairperson, from continuing to speak and may also have him or her removed from the meeting. D. Requests to speak shall be addressed to the Chairperson and the person shall not speak until recognized by the Chairperson. E. All speakers must state their name and address for the record at the beginning of their remarks. No one who refuses to identify themselves shall be recognized. F. Only one person may speak at a time. G. No one may interrupt a person who is speaking except: A member of the Commission to ask a question, after which the speaker may continue speaking unless he or she has been ruled out of order; or the Chairperson in order to enforce these rules. H. No person speaking at a public meeting shall be subject to cross-examination unless it has been stated to be a quasi-judicial meeting. All questions shall be posed by members of the Commission. In matters not initiated by an applicant, members of the public shall speak in the order in which requests were received, or in such order as the Commission shall determine. I. A public meeting or meeting is understood to be a forum for people interested in the subject matter to present information to the Commission for their consideration as they deliberate an issue. It is not a forum for opponents and proponents to debate their differences, and neither is it a forum for debate or argument between members of the Commission and opponents or proponents, or each other. 30 Section 5. Attendance and Punctuality All Commission members are expected to attend meetings regularly and punctually. There may be times when Commission members will be unable to attend meetings or to report on time, due to illness, accident, or emergency situations. Such occurrences should be kept to a minimum. Commission members shall provide notice to Staff at least forty-eight (48) hours prior to any scheduled meeting that they will be unable to attend or report to on time. Staff shall include in the minutes both those Commissioners who are present and those who are absent or arrive after the meeting has already been called to order. The Mayor may request an attendance report be compiled by Staff for the current membership term of any or all current members of the Commission. Such attendance reports may be used by the Mayor as a factor in determining a Commissioner’s suitability for reappointment to the Commission. Article 6 Decisions Section 1. Motions Motions should be made in the affirmative (for example, “I move that we recommend approval/denial…”) after the Chairperson has stated “we will entertain a motion.” A commission member must second the motion. Motions that are not seconded have failed. The Chairperson will restate the motion and entertain discussion. The member making the motion is allowed to speak first. All discussion on the motion should be directed to the Chairperson. Section 2. Discussion The Chairperson shall ask if there is any further discussion after a motion has been made and seconded. At this time, any Commissioner may speak, ask questions, or request time to think. This discussion shall be limited to all members of the Commission; however, it must still take place in an open meeting. Section 3. Voting A member must be present to vote. Each member shall vote on every question unless abstaining, disqualified, or absent due to recusal. Voting shall take place by voice vote when the vote is called by the Chairperson, unless the Chairperson chooses to poll each Commissioner in order. Poll voting may take place at the Chairperson’s discretion when a controversial item has been presented, or the Chairperson otherwise feels it would benefit the Commission, Staff, and/or public. If the Chairperson chooses to poll votes, he or she shall request the staff member taking minutes to poll the Commissioners. Staff shall then poll each member beginning on one side of the podium and polling in turn, including the Chairperson, until all members have voted. Voting must take place in the order polled by Staff. Each Commissioner should provide a brief justification for his or her vote when polled. Section 4. Abstentions A non-vote is an abstention. A Commissioner who wishes to abstain due to lack of sufficient information shall request permission from the Chairperson to abstain immediately after a motion has been made and seconded. At this time, the Chairperson may request that further discussion take place in an effort to provide further information sufficient for each Commissioner to vote. 31 Section 5. Quorum Pursuant to the City of Farmington Municipal Code Sec. 2-4-185: “The Planning and Zoning Commission may conduct an official meeting with a quorum of as few as five members present. A majority vote of such quorum shall suffice for transaction of business. The Chairperson or Acting Chairperson shall vote unless disqualified due to a conflict of interest.” Section 6. Recommendations A. The Commission shall review and make recommendations to the City Council on matters that are primarily of a legislative nature, subject to the terms and conditions set forth for such uses in the UDC for the following: 1. Special Use Permits 2. Zoning Map Amendments (Rezoning); 3. Planned Developments; 4. Planned Unit Developments; 5. Text Amendments; 6. Preliminary Plans; and 7. Comprehensive Plan (including Plan Amendments) 8. Other applicable plans, such as the Access Management Plan, Major Thoroughfare Plan, or similar. B. Recommendations to the City Council may include the following content: 1. A summary of the application, matter or action, the substance of the recommendation and Specific Findings 2. Specific findings upon the following: a. Consistency with the Comprehensive Plan; b. Compliance with the applicable standards of this UDC; c. Specific Conditions; and d. Compliance with other applicable plans 3. Conditions of operation, location, arrangement, and construction of any use for which approval is recommended by the Commission. In authorizing the location of any use, the Commission may impose such development standards and safeguards as the conditions and location indicate to be important to the welfare and protection of adjacent property from noise, vibration, dust, dirt, smoke, fumes, gas, odor, explosion, glare, traffic circulation or other undesirable or hazardous conditions. C. The Commission shall make every effort to send a recommendation to City Council. The Chairperson may choose to send no recommendation to City Council only after two (2) or more motions have been made, seconded, and failed. Section 7. Final Action The Commission shall hear and take final action on Final Plats. 32  Article 7 Quasi-Judicial Meetings Section 1. Definition Quasi-Judicial Meetings are defined as matters which meet one or more of the following requirements: A. Have a direct affect on the applicant’s legal rights in regard to a specific issue and location B. Require a formal record of evidence and facts presented, and justification for votes of Commissioners C. Involve a strict application of an existing law or ordinance in a specific instance and location D. Require the Commission to narrow its focus to a single, well-defined question that must be answered using only presented facts E. Include the interests of specific parties who are easily identifiable Section 2. Specific Rules for Quasi-judicial Meetings The policies and procedures listed elsewhere in this document shall apply to Quasi-judicial meetings, as well as the rules specifically listed below. Where conflict occurs between the rules below and those listed elsewhere in this document, the rules below shall be used. A. Testimony – All parties and their witnesses offering testimony shall first be sworn to tell the truth by a Notary Public. All persons offering testimony shall be subject to cross- examination by all other parties, staff and members of the Governing Body. Objections against any testimony must be made at the time it is offered. B. Order – The order of presentation of evidence will be determined by the Chairperson, but will normally be (1) staff, (2) proponents, (3) opponents, (4) proponents rebuttal. C. Documents – Parties may submit relevant written documents at any time before the hearing is closed. All relevant written materials presented by parties other than staff will be marked and numbered prior to or at the time of submission. Submission shall be to the Staff. All proceedings, testimony or documents considered by any board, commission or other City body on the same matter prior to consideration by the Planning and Zoning Commission, will be considered part of the record before the Planning and Zoning Commission. D. Argument – Oral argument will only be allowed by the Chairperson. Written arguments may be submitted at any time prior to the closing of the hearing. E. Ex Parte Communication – Members of the Planning and Zoning Commission shall refuse to discuss the merits of any matter that is or will come before them in a quasi- judicial proceeding outside of the formal hearing before the entire Commission. Likewise, they should not read or consider any written materials not included as a part of the record of the hearing. F. Findings and Decision – At the conclusion of the hearing, the Chairperson will entertain a motion to vote. No motion will be accepted that does not provide sufficient findings to support the proposed decision. After the findings and decision are approved, the Chairperson shall cause such findings and decision (facts, findings and conclusions of law) to be put in proper written form, which shall then be signed by the Chairperson and attested to by the Staff. The executed findings and decision shall then be served on all parties as provided by law. 33  Article 8 Records The Commission shall keep a record of its resolutions, transactions, findings and determinations, which shall be a matter of public record. Permanent records of all proceedings of the Commission shall be kept and minutes thereof shall be submitted to the City Council within (ten) 10 days of the date of any Commission hearing. Article 9 Amendment of Rules The rules may be amended by an affirmative majority vote of all members of the Commission. The proposed amendment must be presented in writing at a regular or special meeting preceding the meeting at which the vote is taken. Article 10 Conflicts In the event that any of these rules are found to be inconsistent with one another, the more specific provision shall control. If any of these rules conflict with any existing statute, code, ordinance or regulation of the State of New Mexico or City of Farmington, said provisions shall prevail over any of these rules which are less restrictive. Approved this _______day of ___________, 20_____. ATTEST: _______________________________ _______________________________ Joyce Cardon- Chairman Karen Walker-Administrative Assistant 34  MINUTES PLANNING & ZONING COMMISSION July 27, 2017 The Planning and Zoning Commission met in a regular session on July 27, 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 Clint Freeman Kristin Langenfeld Cheryl Ragsdale Cody Waldroup Del Washburn P&Z Members Absent: Ryan Brown Paul Thompson Staff Present: Julie Baird Mary Holton Cindy Lopez Karen Walker Nica Westerling Others Who Addressed the Commission: Clayton Harrison 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 Davis to approve the minutes of the June 15, 2017 P&Z Meeting. This motion was approved unanimously by a 7-0 vote.  CONSIDERATION & RECOMMENDATION FP 17-53 Final Plat Pinon Springs Subdivision Phase I Planning & Zoning Commission Discussion of Petition FP 17-53 on July 27, 2017 Director Mary Holton presented the staff report for FP 17-53, a request from Floyd Hinesley, represented by R. Clayton Harrison of CHC Engineers, LLC for final plat approval of Piñon Springs Subdivision Phase I, a fourteen-lot subdivision and the English Drive right-of-way. Ms. Holton provided the Commissioners with a copy of the plat in a larger format and a copy of the revised and consolidated Comments. Ms. Holton noted that the Preliminary Plat for this petition was approved by City Council on July 11, 2017. Staff recommends approval of the petition subject to the technical and corrective requirements noted in the revised Comments Summary. Clayton Harrison of CHC Engineers, 50 Valley Court, Durango, Colorado said he did not have anything more to add. He is okay with the technical and corrective requirements. Planning & Zoning Commission Discussion of Petition FP 17-53 on July 27, 2017 A motion was made by Commissioner Ragsdale and seconded by Commissioner Davis to approve Petition FP 17-53, a request from Floyd Hinesley, represented by R. Clayton Harrison of CHC Engineers, LLC for final plat approval of Piñon Springs Subdivision Phase I, subject to the technical and corrective requirements noted in the revised Comments Summary. AYE: Chair Cardon, Commissioners Brown, Davis, Freeman, Langenfeld, Ragsdale, Waldroup, and Washburn. NAY: None Abstained: None Absent: Commissioners Brown and Thompson 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 noted that the Preliminary Plan for FP 17-53 went before City Council on July 11, 2017. After discussion with Public Works Director David Sypher and Fire Chief Terry Page, the Preliminary Plan was approved. Adjournment: With no further business and a motion by Commissioner Ragsdale and seconded by Commissioner Waldroup, the Planning and Zoning Commission meeting of July 27, 2017 was adjourned at 3:08 p.m. ____________________________ _____________________________ Joyce Cardon Karen Walker Chair Administrative Assistant