Planning & Zoning

A GENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive January 11, 2018, at 3:00 p.m. Item Page 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the December 14, 2017 P&Z Meeting 18 4 Election of Officers 5 Petition No. ZC 17‐95 – a request from Ron Fellabaum, represented by Paul 1 Martin of Sakura Engineering for a zone change from the CB, Central Business District to the MU, Mixed Use District for 2 parcels of 0.16 acres each, totaling 0.32 acres, located at 129 N. Behrend. (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, January 23, 2018. 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 17-95 Zone Change from the CB Central Business District to the MU Mixed Use District 129 N. Behrend A. STAFF REPORT, January 11, 2018 PROJECT INFORMATION Applicants Frontline Missions with Four Corners Reentry Representative Paul Martin of Sakura Engineering Date of Application December 13, 2017 Zone Change from the CB Central Business district to Requested Action the MU Mixed Use district Location 129 N. Behrend (R0022632 & R0022039) Existing Land Use Food Pantry and Soup Kitchen Existing Zoning CB Central Business Surrounding Zoning North: GC General Commercial and Land Use South, East and West: CB Central Business Northwest: MU Mixed Use Notice Publication of Notice for public hearings of the Planning and Zoning Commission appeared in the Daily Times on Sunday, December 24, 2017. Property owners within 100 feet were sent notice by certified mail on Tuesday, December 19, 2017 and a sign was posted on Friday, December 29, 2017. Staff Planner Cynthia Lopez, Planning Manager Project Description: The petitioner is requesting a zone change from the CB, Central Business District to the MU, Mixed Use District for two parcels of land (0.16 acres each) totaling 0.32 acres located at 129 N. Behrend. Frontline Missions would like to provide transitional housing for former inmates. A group care facility is not allowed in the CB Central Business district but is allowed in the MU Mixed Use District. FrontLine Mission currently operates a Food Pantry and Soup Kitchen. They are collaborating with Four Corners Reentry to provide for the transitional housing. The building is located fully on the northern-most parcel. The parcels are on the southwest corner of Behrend and Arrington diagonally across from the Civic Center. The building is a one story structure for about ¾ of its length and has a 1 second and third story on the west ¼ of the structure. There is also a basement. Clients will receive rehabilitation and treatment at the facility and are expected to stay long term but not more than a year. The facility will also offer aftercare on a case by case basis after the one year is completed. The program will house a minimum of four participants to begin and a maximum of twenty participants at its peak of operations. The program is intended to teach life skills, provide for basic needs and assist inmates in procuring necessary documents to aid in achieving work and life goals. The petitioner has stated that this location is ideal for this type of program as it provides access to potentioal employers, local physicians, and other necessary entities for helping the participant’s transition into the community. The building is sprinkled and did at one time have residential rooms on the premises. The facility has a kitchen and dining area large enough to accommodate this use. There are several areas that can be utilized for bedrooms and at least two bathrooms on the first floor. The first floor also has offices and classrooms. The use of the building as transitional housing is primarily residential in character and blends with the residential character of the majority of the civic center neighborhood. Directly to the north across Arrington from Frontline Missions is the Kaiser Building that is in the GC General Commercial District. North of the Kaiser Building and diagonally across Arrington to the northwest is the MU Mixed Use District. The majority of the Civic Center District to the north is zoned MU Mixed Use. Mixed Use 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 is intended to implement the planning policies of the comprehensive plan’s “Mixed Use” land use designation, in the Animas Neighborhood and the Civic Center Neighborhood. Farmington Comprehensive Plan The 2002 Farmington Comprehensive Plan Future Land Use Plan recommends the area as “Commercial” south of Arrington and as “Mixed Use” north of Arrington. The Comp Plan has several goals and objectives that support this request. Housing Objective 7.1 states: “Provide for a variety of housing options, including traditional subdivisions and mixed use developments, to accommodate housing needs of all residents in Farmington including the elderly, disabled, students, and low income residents.” HUD Fair Housing Act The Department of Housing and Urban Development’s (HUD) Fair Housing Act applies as it is intended to increase housing opportunities for people with disabilities. The Fair Housing Act does apply to municipalities and other local government entities and prohibits them from making zoning or land use decisions or implementing land use policies that exclude or otherwise discriminate against 2 protected persons, including persons in need of transitional housing. As a result, it is unlawful to refuse to make reasonable accommodation in land use and zoning policies and procedures when such accommodations may be necessary to afford persons or groups of persons with disabilities an equal opportunity to use and enjoy housing. The UDC does provide opportunities for Group Care Facilities in Farmington. However, consideration should be given for Frontline Missions to be able to provide transitional housing at this location. STAFF CONCLUSION Staff concludes that the request meets the intent of the UDC Mixed Use District and the 2002 Comprehensive Plan. It is also consistent with the HUD Fair Housing Act. It is diagonally across from a MU district and will not be a spot zone. It will not adversely affect surrounding properties or the neighborhood. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition ZC 17-95, a request from Frontline Missions with Four Corners Reentry, represented by Paul Martin of Sakura Engineering for a zone change from the CB Central Business District to the MU Mixed Use District for two parcels of land (R0022632 & R0022039) totaling 0.32 acres located at 129 N. Behrend. 3  MU GC CB 129 N. Behrend 4  129 N. Behrend CB Zoning Map of Area 5 2002 Farmington Comprehensive Plan Land Use Map 6 7 8 9 10 11 12 13 14 15 16 17  MINUTES PLANNING & ZONING COMMISSION December 14, 2017 The Planning and Zoning Commission met in a regular session on December 14, 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 Cody Waldroup Del Washburn P&Z Members Absent: Paul Thompson Staff Present: Mary Holton Cindy Lopez Toni Sitta Karen Walker Ellen Wayne Others Who Addressed the Commission: Bob Echols Tony Whiting Call to Order Chair Joyce Cardon called the meeting to order at 3:00 p.m. There being a quorum present the following proceedings were duly had and taken. Presentation of the Agenda There were no changes to the agenda. Approval of the Minutes A motion was made by Commissioner Waldroup and seconded by Commissioner Ragsdale to approve the minutes of the November 16, 2017 P&Z Meeting. This motion was approved unanimously by an 8‐0 vote.  CONSIDERATION & RECOMMENDATION ZC 17‐87 Zone Change to reconfigure the RE‐20 SMHAO and the LNC southwest of Andrea Drive and Wildflower Parkway Planning & Zoning Commission Discussion of Petition ZC 17‐87 on December 14, 2017 Planning Manager Cindy Lopez presented the staff report for ZC 17‐87, a request from Stonetown 4 Investors, LLC, represented by Cheney‐Walters‐Echols for a zone change to reconfigure 9.63 acres of vacant land in the LNC, Local Neighborhood Commercial District located at the southwest corner of Wildflower Parkway and Andrea Drive and to zone the remainder of the original 10 acres to RE‐20 SMHAO, Residential Estate Special Mobile Home Area Overlay District. This area was annexed into the City of Farmington in April of 2000. The agreement of annexation was for 800 feet on Andrea Drive and 545 feet on Wildflower Parkway. A Master Plan has been completed and the petitioner would like to reconfigure the commercial property into 9.63 acres of LNC. The 2002 Farmington Comprehensive Plan recommends the area as “Neighborhood Commercial”. Staff concludes that the request meets the intent of the Annexation Ordinance and will provide amenities for the residences in the area. Staff recommends approval. Bob Echols of Cheney‐Walters‐Echols, 909 W. Apache, Farmington, stated that he is trying to clean up the area to match the Master Plan that has been put together. Planning & Zoning Commission Discussion of Petition ZC 17‐87 on December 14, 2017 A motion was made by Commissioner Brown and seconded by Commissioner Waldroup to approve Petition ZC 17‐87, a request from Stonetown 4 Investors, LLC, represented by Cheney‐ Walters‐Echols for a zone change to reconfigure 9.63 acres of vacant land in the LNC, Local Neighborhood Commercial District located at the southwest corner of Wildflower Parkway and Andrea Drive and to zone the remainder of the original 10 acres to RE‐20 SMHAO, Residential Estate Special Mobile Home Area Overlay District. AYE: Chair Cardon, Commissioners Brown, Davis, Freeman, Langenfeld, Ragsdale, Waldroup, and Washburn. NAY: None Abstained: None Absent: Commissioner Thompson. Motion passed 8‐0 CONSIDERATION & RECOMMENDATION PP 17‐48 Preliminary Plan for / Wildflower Heights Subdivision No. 1 Planning & Zoning Commission Discussion of Petition PP 17‐48 on December 14, 2017 Planning Manager Cindy Lopez presented the staff report for PP 17‐48, a request from Stonetown 4 Investors, LLC, represented by Cheney‐Walters‐Echols for a preliminary plan approval of the Wildflower Heights Subdivision, a 16‐lot subdivision, located south of Wildflower Parkway and west of the city limits. The property is approximately 144 acres. Annexation Petitions No. 1779 and 1720 indicated that the City intended to abandon the 120 foot wide right‐of‐way in the annexation area as it was unneeded due to the dedication of the Andrea Drive alignment. Andrea Drive is a minor arterial and a plat note needs to be included that restricts access for Lot 9 in Block 3, and Lot 2 and 3 in Block 2 from taking direct access to Andrea Drive. Phase 1 of the Wildflower Heights Subdivision consists of 9 lots in Block 3 and an Outlot, 3 lots in Block 2, 1 lot in Block 1, and 1 lot in each of Blocks 4, 5, and 6. Issues identified by staff in the staff report need to be addressed. The main issue is a drainage study for the master plan. The plat indicates an Outlot 1 in Block 3 that needs to be incorporated into one of the lots on either side due to the Outlot being unbuildable and the petitioner has not provided a means to maintain the lot. Block 4 is in the LNC district. Blocks 5 and 6 are reserved for future development. Staff recommends approval with the abandonment of the 120 foot wide right‐of‐way and with the following conditions:  The final plat will include a plat note that restricts access for Lot 9 in Block 3, and Lot 2 and 3 in Block 2 from taking direct access to Andrea Drive.  All technical corrections to the plat and construction drawings will be finalized and approved prior to submittal of the final plat, including noted issues in the staff report. Toni Sitta, Associate City Engineer for Public Works, 800 Municipal Drive, stated that staff is requesting a drainage study for the drainage from increased density from the preliminary plan and entire subdivision. Bob Echols, Cheney‐Walters‐Echols, 909 W. Apache, Farmington, stated that a master drainage plan has been completed and will be submitted to the City. Mr. Echols said there will be detention ponds to the north and south. He said there is an arroyo that crosses the property. At this time, future development is not certain, said Mr. Echols. Staff’s comments have been addressed and a revised preliminary plan will be submitted next week. Commissioner Freeman asked about the existing culverts under Wildflower Drive. Mr. Echols said those culverts are very large and will remain. Tony Whiting of 365 Desert Rose Trail asked what type of businesses will be allowed in on the LNC district, and how will those businesses affect the residents. Ms. Lopez said LNC allows neighborhood oriented, low intensity retail sales and services. The types of businesses allowed in LNC would be beneficial to a residential subdivision. Planning & Zoning Commission Discussion of Petition PP 17‐48 on December 14, 2017 A motion was made by Commissioner Davis and seconded by Commissioner Ragsdale to approve Petition PP 17‐48, a request from Stonetown 4 Investors, LLC, represented by Cheney‐ Walters‐Echols for a preliminary plan approval of the 16‐lot Wildflower Heights Subdivision located south of Wildflower Parkway, west of the City limits with the abandonment of the 120 foot wide right‐of‐way as shown on the subdivision plat and with the following conditions:  The final plat will include a plat note that restricts access for Lot 9 in Block 3, and Lot 2 and 3 in Block 2 from taking direct access to Andrea Drive.  All technical corrections to the plat and construction drawings will be finalized and approved prior to submittal of the final plat, including noted issues in the staff report. AYE: Chair Cardon, Commissioners Brown, Davis, Freeman, Langenfeld, Ragsdale, Waldroup, and Washburn. NAY: None Abstained: None Absent: Commissioner Thompson. 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 said PPJ 17‐79 was approved by City Council at the November 28, 2017 City Council meeting. Adjournment: With no further business and a motion by Commissioner Waldroup and seconded by Commissioner Freeman, the Planning and Zoning Commission meeting of December 14, 2017 was adjourned at 3:31 p.m. ____________________________ _____________________________ Joyce Cardon Karen Walker Chair Administrative Assistant