Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive April 26, 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 March 15, 2018 P&Z Meeting 130 4 Petition No. ANX 18-21– a request from Margery Pruitt for an Annexation of 1 13.66 acres located in the unincorporated area of San Juan County on the southeast corner of Glade Road and 30th Street. (Mary Holton) 5 Petition No. SUP 18-24 – a request from Masada House, represented by Jessica 20 Stopani, for a re-application for a Special Use Permit to operate a group care/transitional home for property located at 610 N. Dustin Ave. (Helen Landaverde) 6 Petition No. SUP 18-27 – a request from Cross Roads Community Church, 83 represented by Rev. Eli Wyatt, for a special use permit to allow the expansion of a private school from K-6 (approx. 40 children) to K-12 (approx. 80 children) and to allow the expansion of a daycare from 19 children to a maximum of 107 children in the SF-10, Single-family Residential District, for property located at 2600 N. Sullivan. (Helen Landaverde) 7 Business from: Floor: Chairman: Members: Staff: 8 Adjournment The recommendation of the Planning and Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, May 8, 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.  ANX 18-21 – Petition Report Page 1 COMMUNITY DEVELOPMENT PETITION REPORT Staff Memo Proposed Annexation and Zoning Assignment ANX 18-21 – Pruitt Annexation 1. PROJECT INFORMATION Petitioners Margery Pruitt, Kevin Brent and Judith E. Pruitt, Steven Gywn Pruitt, and the City of Farmington Representative The City of Farmington Date of Council April 24, 2018 Referral to the P&Z Date of Council May 8, 2018 Consideration of P&Z Recommendation Requested Action Consider Annexation and Zoning Assignment Location and/or Legal The Northwest Quarter of the Southwest Quarter of Section 4, in Description Township 29N, Range 13W, N.M.P.M., San Juan County, New Mexico; Less and Except, all of the following portions: All that portion lying within the Puesta Del Oro Subdivision, and those certain tracts of land described and conveyed in Book 942, page 217, Book 944, pages 75-76, and Book 1211, page 553. Otherwise located on the southeast corner of Glade Road & 30th St. The annexation is also proposed to include the extents of Glade Road and West 30th Street that are adjacent to the tract owned by the Pruitt Family. Existing Land Use The current land uses within the subject area are primarily residential. Because the family has indicated that will remain the future use, SF-7 Residential Zoning is requested and recommended for the tract. Existing Zoning Unincorporated San Juan County Surrounding Zoning North: Unincorporated San Juan County and South: SF-10, Residential Land Use East: SF-7, Residential West: Unincorporated San Juan County Notice Publication of Notice for this public hearing appeared in the Farmington Daily Times on Sunday, April 8, 2018. The City of Farmington notified property owners whose land is included in the annexation by certified mail on Wednesday, April 4, 2018, and a sign was posted on Monday, April 16, 2018. Staff Planner Mary L Holton, AICP, Community Development Director 1  ANX 18-21 – Petition Report Page 2 2. STAFF ANALYSIS Background The Community Development Department has received a request from Margery Pruitt, Kevin Brent and Judith E. Pruitt, and Steven Gywn Pruitt, for the annexation of approximately 13.66 acres, including the area of the adjoining Glade Road. The area of the adjoining portion of West 30th Street amounts to approximately 1.14 acres. Section 3-7-18 NMSA 1978 of the State Statutes requires that any streets located along the boundary of the territory being annexed be included in the annexation. Thus, the annexation would be approximately 15 acres. This annexation would enable the owners to consolidate lots and subdivide the property as they proposed in a summary plat petition they previously submitted to the City. Prior to annexation, many of the lots would have been located partially in the County and partially in the City, thus potentially causing cross-jurisdictional issues. The purpose of the plat is to subdivide the land amongst family members for inheritance purposes and not for development. Because the land is currently used residentially, it is requested and recommended that it be zoned SF-7, Single-family residential. It is noted that the subject area was identified in Figure 5.1, Proposed Annexation Areas, in the City’s 2002 Comprehensive Plan (below). A copy of the proposed annexation plat map and the annexation petition signed by the Pruitt family is enclosed. 2  ANX 18-21 – Petition Report Page 3 The Petition Method of Annexation in New Mexico This request falls under the petition method of annexation, which is initiated by the filing of a petition: (1) That seeks the annexation of territory contiguous to the municipality; and, (2) Is signed by the owners of a majority of the number of acres in the contiguous territory; and, (3) Is accompanied by a map that shows the external boundary of the territory proposed to be annexed and the relationship of the territory proposed to be annexed to the existing boundary of the municipality; and (4) Is presented to the City Council. Annexation proposals are referred to the Planning and Zoning Commission by the City Council for consideration of a recommendation to the City Council. Staff is also required to present proposed annexations to the County Commission so that they can provide input that is forwarded to the City Council. Any municipality annexing any territory shall include in the annexation any streets located along the boundary of the territory being annexed. As used in this section, "street" means any thoroughfare that is open to the public and has been accepted by the board of county commissioners as a public right-of-way. The City Council must, by ordinance, express its consent or rejection to the annexation of such territory within 60 days of receiving the petition. If the ordinance consents to the annexation of the contiguous territory, a copy of the ordinance, with a copy of the plat of the territory so annexed, shall be filed in the office of the San Juan County Clerk. After the filing, the contiguous territory is part of the City. The City Clerk must also send copies of the ordinance annexing the territory and of the plat of the territory so annexed to the NM Secretary of Finance and Administration and to the NM Secretary of Taxation and Revenue. Within thirty days after the filing of the copy of the ordinance with the San Juan County Clerk, any person owning land within the territory annexed to the municipality may appeal to the district court questioning the validity of the annexation proceedings. If no appeal to the district court is filed within thirty days after the filing of the ordinance or if the court renders judgment in favor of the municipality, the annexation shall be deemed complete. Cost Benefit Analysis The cost benefit analysis for the proposed annexation is enclosed for your review. Projected Annexation Timeline April 24, 2018 - The proposal is introduced to Council, and Council is asked to authorize the Mayor to sign the petition to include the extent of Glade Road and 30th Street adjacent to the parcel in the petition; Council is asked to refer the annexation to the Planning & Zoning Commission to start the annexation process. April 26, 2018 - The annexation petition with proposed zoning is considered for a recommendation to the City Council by the P&Z Commission. May 1, 2018 - City staff presents the annexation proposal to the County Commission for their comments 3  ANX 18-21 – Petition Report Page 4 May 8, 2018 - Council considers the annexation and proposed zoning in public hearing; Community Development staff will also request that Legal be given permission to publish the annexation ordinance May 20, 2018 - Legal publishes the Notice of Proposed Ordinance May 22, 2018 - First reading of annexation ordinance at City Council (This is usually called "discussion" on the agenda under the City Attorney’s business) June 12, 2018 - Second reading of annexation ordinance at City Council (Normally known as "final action" on the agenda under the City Attorney’s business) 3. CONCLUSION The Community Development Department concludes that approval of this annexation request is appropriate. The City’s Comprehensive Plan, adopted in 2002, identified this area for annexation. Annexation of this area would eliminate any cross-jurisdictional issues with providing services and would ensure property owners in the area who utilize City of Farmington services support the City’s tax base. Additionally, the annexation would ensure that the City guides the future growth in the area while ensuring that the area’s land use and development standards are consistent with the goals and objectives of the rest of the City. The annexation would also provide the City the ability to protect nearby gateways and the entrance to a residential neighborhood already located in the City. 4. RECOMMENDATION The Community Development Department recommends approval of Petition ANX 18-21, a request from the Pruitt Family and the City of Farmington for the annexation and future zoning of approximately 15 acres located adjacent to the intersection of Glade Road and West 30th Street. 4 5 6  Summary of Estimated and Projected Costs and Revenues Proposed Pruitt Annexation 15.00 Acres Immediate to Short-Term Impacts Expenditures Revenues Fiscal Impacts to City Departments Annual Costs N/A Capital/One-Time Costs N/A Annual Property Tax Collection 193.80 Annual Gross Receipts Tax Collection N/A Long-Term Impacts Expenditures Revenues Fiscal Impacts to City Departments Annual Costs N/A Capital/One-Time Costs $1,000,000 Annual Property Tax Collection 612.00 Annual Gross Receipts Tax Collection N/A April 2018 Note that "immediate to short-term" refers to the first 5 years of an annexation, and that "long -term" refers to 20 years into the future. 7 12  N ANX 18-21 Annexation of Southeast Corner of Glade Road and 30th Street 13 14 15  NOTICE OF PUBLIC HEARING ZONE CHANGE PETITION NO. ANX 18-21 April 4, 2018 Dear Property Owner: Notice is hereby given that an application has been filed with the Planning and Zoning Commission of the City of Farmington, New Mexico, a request from Margery Pruitt, Steven Gywn Pruitt, Kevin Brent and Judith E. Pruitt, and the City of Farmington to consider an annexation of approximately 15 acres of land located immediately west of the corporate boundaries of the City. The petitioners are requesting Single-family 7 (SF-7) zoning classification for the subject area. The subject area includes the parcel located immediately southeast of the intersection of Glade Road with West 30th Street, and includes the extent of Glade Road and West 30th Street adjacent to the parcel, as depicted in the map below, and located in San Juan County, New Mexico, as described below: LEGAL DESCRIPTION The Northwest Quarter of the Southwest Quarter of Section 4, in Township 29N, Range 13W, N.M.P.M., San Juan County, New Mexico; Less and Except, all of the following portions: All that portion lying within the Puesta Del Oro Subdivision, and those certain tracts of land described and conveyed in Book 942, page 217, Book 944, pages 75-76, and Book 1211, page 553. th Otherwise located on the southeast corner of Glade Road & 30 St. Pursuant to the provisions of Section 3-21-6, New Mexico statutes Annotated, 1978 Compilation, notice is hereby given that the petition will be heard in a public hearing by the Planning and Zoning Commission of the City of Farmington on Thursday, April 26, 2018 at 3:00 p.m. in the City Council Chambers at City Hall, 800 Municipal Drive, Farmington, New Mexico. If forwarded by the Commission, this item will be reviewed by the city council on Tuesday, May 8, 2018 at 6:00 p.m. in the City Council Chambers. All persons shall have an opportunity to be heard why said application should be granted or denied. All persons of interest and citizens are invited to attend said hearing. You are receiving this letter because you may own property within 100 feet (excluding public right-of-way) of the proposed change. You are invited to attend the hearing noted above or submit written comments prior to the meeting to the Community Development Department – Planning Division at 800 Municipal Drive, Farmington, New Mexico 87401. Please be advised that all submitted comments will become public record and that there is the possibility that any petition may be withdrawn before the hearing date. If you have any questions or would like additional information regarding this notice or the petition, please contact Mary Holton at 505-599-1285 or mholton@fmtn.org. Sincerely, Karen Walker Administrative Assistant 16 17 18 19  COMMUNITY DEVELOPMENT PETITION REPORT Petition SUP 18-24 Special Use Permit to continue and retain a group care/transitional home at 610 North Dustin Avenue in the SF-7, Single-family Residential District A. STAFF REPORT, April 12, 2018 PROJECT INFORMATION Applicant Masada House Representative Jessica Stopani Date of March 15, 2018 Application Requested Action Approval of a special use permit to continue and retain a group care/transitional home in the SF-7, Single-family Residential zoning district. Location 610 North Dustin Avenue Existing Land Residential Use Existing Zoning SF-7, Single-family Residential Surrounding North: SF-7, Single-family Residential /residential Zoning & Land South: SF-7, Single-family Residential /residential Use East: SF-7, Single-family Residential /residential West: SF-7, Single-family Residential /residential Notice Publication of Notice for public hearings of the Planning and Zoning Commission appeared in the Daily Times on Wednesday March 21, 2018. Property owners within 100 feet were sent notice by certified mail on Wednesday March 14, 2018 and a sign was posted on Friday, March 29, 2018. Staff Planner Helen Landaverde, Associate Planner 20  City of Farmington 2 SUP 18-24 610 N. Dustin Ave. STAFF ANALYSIS Background The applicant is requesting a Special Use Permit to continue and retain a group care/transitional home (Masada House) at 610 North Dustin Avenue in the SF-7, Single- family Residential District. Pursuant to UDC 2.3 Use Table, Group Care Facilities are allowed uses in the SF-7 District with approval of a Special Use Permit. In 2010 Masada House was granted a Special Use Permit (SUP 10-16) for a transitional home at 610 North Dustin Avenue for a period of five (5) years, pursuant to UDC 8.9.6 Expiration of approval, after which the re-application of this special use permit for the continuance of the existing use is required. Masada House currently provides care and house eight (8) women recovering from alcohol and substance abuse. Men are not housed at Masada House. On January 12, 2011 the City of Farmington and Masada House (Contractor) entered into an Agreement for Transitional Housing and Operation Services (Contract #10-819092) for a minimum of ten (10) years with the City providing a maximum of $129,963.00 through City’s Community Development Block Grant for support (see attachment). The agreement states “CONTRACTOR will operate the Transitional Care Housing Facility for at least, but not limited to, a period of ten (10) years. Cessation of operation before ten (10) years of operation shall be considered, without limitation, a default under this Agreement, and CONTRACTOR will repay grant funds to the CITY in a pro-rated amount based on this period.” This agreement expires in January 12, 2021. Proposal Masada’s services consists of provision of shelter, utilities, food, life skills support, case management, and supervision. Clients may be accommodated at Masada House for a maximum of two (years); however, the average length of stay is 115 days. Masada House staffs two employees, an executive director and overnight peer support volunteer. Masada House does not administer medications, but does store and maintain the clients’ medication in a locked storage area. The clients have access to their medication when requested. Their hours of operation are Monday to Friday from 8:00 a.m. to 5:00 p.m. and weekends by appointments. Masada House has a curfew in place for clients: Sunday-Thursday 10:00 p.m. and Friday and Saturday 11p.m. Additionally, Masada requires that all clients log in and log out and list all of their destinations and times. Clients must report changes and must always be reachable (see attachment). Visitors must be requested 24 hours in advance and are only allowed in the common area. Pursuant to the UDC 5.2.3 Minimum off-street parking requirements the proposed use requires a minimum number of 2 parking spaces per dwelling unit plus one space per employee (see Table 1). Masada House meets Farmington’s parking requirements and 21  City of Farmington 3 SUP 18-24 610 N. Dustin Ave. has sufficient off-street parking. According to the applicant’s representative, Jessica Stopani, clients rarely have their own motor vehicle for transportation. There is an additional two (2) parking spaces on the north portion of the property; subject property is a flag lot. Table 1. Minimum off-street parking requirements UDC 5.2.3 Minimum off-street parking Minimum number of space required requirements 2.0 per dwelling unit plus 1 per employee 4 Reported Code Violations and/or Incidents: Staff has verified and confirmed that there has not been a history of zoning code violations associated with the existing use. The Police Department reported a total of 38 complaints/incidents associated with Masada House in the past eight (8) years (4 complaints per year). Ms. Stopani verified the reported complaints and identified majority of the incidents documented by the Police Department (see attachment) as incidents reported by Masada House for occurrences unrelated to their services or clients, except for three incidents. Incident No. 1: Date unknown – a client violated probation/parole (drinking/intoxicated). Incident No. 2: In 2014, a complaint was filed about a client stealing from her place of work. Masada House immediately discharged the client from the program and the property. Incident No. 3: In 2018, a client had a relapse at Masada House and staff called the police to request for the client to be taken to the hospital. Consistency with the Comprehensive Plan and Land Use Plan The existing and proposed group care/transitional home is consistent with Farmington’s Comprehensive Plan. The proposed use promotes and facilitates the City’s Housing goals and objectives for alternative housing. “Goal: Promote quality, affordable, and safe housing that meets the needs of the community and assure implementation of sound standards for orderly development and growth.”1 1 Farmington Comprehensive Plan (2002). Chapter 7 Housing (2002: 7-11). 22  City of Farmington 4 SUP 18-24 610 N. Dustin Ave. “Objective 7.1: 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, disable, students, and low-income residents.” The group care/transitional home is also consistent with the City’s 2020 Future Land Use Plan. The plan calls for this area to be residential (see attachment). A Special Use Permit for a group care/transitional home in the SF-7, Single-family Residential District is consistent with the Comprehensive Plan. The surrounding properties are zoned as SF-7 District. Consistency with HUD Fair Housing Act In addition, the proposed use facilitates in the implementation of The Department of Housing and Urban Development’s (HUD) Fair Housing Act2; intended to increase housing opportunities for people with disabilities. The Fair Housing Act applies to municipalities and other local government entities and prohibits zoning or land use decisions or implementing land use policies that exclude or otherwise discriminate against protected persons, including persons in need of transitional housing. Furthermore, Section 504, Rehabilitation Act of 1973 prohibits discrimination against individuals with disabilities “solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service.”3 Municipal Code The Municipal Code Chapter 22 Article 7 Section 22-7-5 prohibits discrimination of “the development, construction, occupancy and operation of an affordable housing program or an affordable housing project financed or assisted under the Act…” The City provides Community Development Block Grant funds to Masada House. The City of Farmington and Masada House entered into an Agreement for Transitional Housing and Operation Services (Contract #10-819092) for a minimum of ten (10) years. This agreement expires in January 12, 2021. Special Use Permit Criteria – Section 8.9.4 of the UDC Section 8.9.4 of the UDC sets forth the criteria for review of a special use permit. The section states that an SUP may be approved where it is reasonably determined that there 2 U.S. Department of Housing and Urban Development (2018). Reasonable Accommodations Under the Fair Housing Act. Available at: <https://www.hud.gov/program_offices/fair_housing_equal_opp/ReasonableAccommodations15> 3 29 U.S.C. § 794. and U.S. Department of Labor (2018). Section 504, Rehabilitation Act of 1973. Available at: < https://www.dol.gov/oasam/regs/statutes/sec504.htm> 23  City of Farmington 5 SUP 18-24 610 N. Dustin Ave. will be no significant negative impact upon residents of surrounding property or upon the public. Criteria are listed as follows: A. Effect on environment: The location, size, design, and operation characteristics of the proposed use shall not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, not be substantially or permanently injurious to the neighboring property. The group care/transitional home has been existent since 2010. Staff has not found any zoning code violations related to the use. Majority of the reported incidents to the police were made by Masada House and unrelated to the applicant’s services and/or clients. The proposed group care/transitional home meets the City’s Unified Development Code and should not be detrimental to the surrounding properties. B. Compatible with surrounding area: The proposed site plan, circulation plan, and schematic architectural designs shall be harmonious with the character of the surrounding area with relationship to scale, height, landscaping and screening and density. The group care/transitional home is compatible with the surrounding residential area and is in harmony with the character of the surrounding area. The proposed use meets all UDC development and use requirements for a group care/transitional home. The group care/transitional home is an allowed use with the approval of a Special Use Permit in SF-7, Single-family Residential District. C. External impacts minimized: The proposed use shall not have negative impacts on existing uses in the area and in the city through the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard, or other injurious or noxious impact. The applicant shall provide adequate mitigation responses to the impacts. Staff has determined that there has not been a history of zoning code violations associated with the existent use and there have been nominal incidents reported concerning Masada House and/or clients. There are no negative impacts concerning noise, glare fumes, dust, smoke, or vibration. The petitioner is required to mitigate any adverse impacts to the area. D. Infrastructure impacts minimized: The proposed use shall not have negative impacts on existing uses in the area and in the city through impacts on public infrastructure such as roads, parking facilities and water and sewer systems, and on public services such as police and fire protection and solid waste collection, and the ability of existing infrastructure and services to provide services adequately. 24  City of Farmington 6 SUP 18-24 610 N. Dustin Ave. The proposed use will not have a negative impact on existing uses in the area and/or negative impacts on public infrastructure. Adequate facilities and services are currently provided. E. Consistent with the UDC and Comprehensive Plan: The proposed use will be consistent with purposes of this UDC, the Comprehensive Plan, and any other statutes, ordinances or policies that may be applicable, and will support rather than interfere with the uses otherwise permitted in the zone in which it is located. The Comprehensive Plan calls for this area to be residential and encourages alternative housing. A Special Use Permit for a group care/transitional home in the SF-7, Single-family Residential District is consistent with the UDC and the Comprehensive Plan. F. Parcel size: The proposed use may be required to have additional land area, in excess of the minimum lot area otherwise required by the underlying zoning district, as necessary to ensure adequate mitigation of impacts on surrounding land uses and the zoning district. N/A G. Site Plan: The proposed use shall be required to comply with the site plan review procedures and standards of Section 8.5, site plan review, as specified. The petitioner provided a site plan that conforms to the standards of Section 8.5 (see attachment). STAFF CONCLUSION Staff concludes approval of SUP 18-24 is appropriate. The proposed group care/transitional home has been existent since 2010. The City of Farmington and Masada House have a binding agreement for Transitional Housing and Operation Services (Contract #10-819092) for a minimum of ten (10) years. This agreement expires in January 12, 2021. Staff has determined that Masada House services and program is designed in a manner that provides a safe and stable environment for its clients and future residents. Masada House has been operating compatibly since 2010 in the neighborhood and the continuance of the group care/transitional home would not have any adverse effects on the surrounding area. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition SUP 18-24, a request from Masada House, represented by Jessica Stopani for a special use permit to continue and retain a group care/transitional home at 610 North Dustin Avenue in the SF-7, Single-family Residential District and with no additional special use permit renewals for a group care/transitional home. 25  City of Farmington 7 SUP 18-24 610 N. Dustin Ave. 26  City of Farmington 8 SUP 18-24 610 N. Dustin Ave. Photo of subject property 27  City of Farmington 9 SUP 18-24 610 N. Dustin Ave. 28  City of Farmington 10 SUP 18-24 610 N. Dustin Ave. 29  City of Farmington 11 SUP 18-24 610 N. Dustin Ave. 30  City of Farmington 12 SUP 18-24 610 N. Dustin Ave. 31  City of Farmington 13 SUP 18-24 610 N. Dustin Ave. 32  City of Farmington 14 SUP 18-24 610 N. Dustin Ave. 33  City of Farmington 15 SUP 18-24 610 N. Dustin Ave. 34  City of Farmington 16 SUP 18-24 610 N. Dustin Ave. 35  City of Farmington 17 SUP 18-24 610 N. Dustin Ave. 36  City of Farmington 18 SUP 18-24 610 N. Dustin Ave. 37  City of Farmington 19 SUP 18-24 610 N. Dustin Ave. 38  City of Farmington 20 SUP 18-24 610 N. Dustin Ave. 39  City of Farmington 21 SUP 18-24 610 N. Dustin Ave. 40  City of Farmington 22 SUP 18-24 610 N. Dustin Ave. 41  City of Farmington 23 SUP 18-24 610 N. Dustin Ave. 42  City of Farmington 24 SUP 18-24 610 N. Dustin Ave. 43  City of Farmington 25 SUP 18-24 610 N. Dustin Ave. 44  City of Farmington 26 SUP 18-24 610 N. Dustin Ave. 45  City of Farmington 27 SUP 18-24 610 N. Dustin Ave. 46  City of Farmington 28 SUP 18-24 610 N. Dustin Ave. 47  City of Farmington 29 SUP 18-24 610 N. Dustin Ave. 48  City of Farmington 30 SUP 18-24 610 N. Dustin Ave. Unified Development Code 2.4.25 2.4.25 Group care facilities. (Residential land use categories; congregate living). Group care facilities shall comply with the standards of this section. A. Care may be provided for more than eight adults or 12 minors; and more than eight adults, including 24-hour caregivers, may reside in any group care facility. B. City Council may increase occupancy limits where the square footage of the building, lot size, sanitary facilities, traffic impacts, and similar factors warrant increased occupancy. C. Applications for group care facilities shall include: (1) A site plan prepared in accordance with the requirements of section 8.5 shall be approved and filed with the findings of fact and conclusions of law as part of the approval; (2) Detailed plan of operation showing proposed hours, number of residents, number of staff and number of 24-hour equivalent staff, lighting and other similar components which could impact neighboring uses; (3) Demonstration that a group care home will not be used for purposes other than serving the residents except for normally allowed uses in the district in which the use is located; and (4) Off-street parking plan in accordance with the provisions of section 5.2. D. Applications for permission to construct or operate a group home shall be accompanied by copies of all valid permits required by the State of New Mexico. If such permit cannot be obtained prior to the time of application, the application shall be accompanied by a report from the applicable licensing agency stating the licensing requirements and an explanation of how the applicant intends to meet these requirements. Any approval may be conditioned upon approval by the appropriate state agency. E. All group care facilities shall have direct access to a dedicated public street. F. All group care facilities shall comply with applicable state requirements for the location of such facilities and the minimum square feet of safe, outdoor recreation area and usable floor area for every person that the assisted living facility or nursing home is licensed to accommodate. G. The applicant must demonstrate adequate access and circulation for police, fire, ambulance and other emergency vehicles and must prominently display the street address. Increases in traffic above the allowed uses in the zoning district may not impact the safety of abutting landowners. H. The city may impose other conditions that it deems necessary and appropriate to safeguard the public health, safety and welfare and as may be imposed to limit any adverse effect on adjacent properties as a result of the proposed use including a provision that the special use permit may be revoked, after notice and hearing, for un-remedied material violations of any such conditions. 49  City of Farmington 31 SUP 18-24 610 N. Dustin Ave. I. For purposes of this section, a 24-hour equivalent care provider shall be a single provider residing in the facility or a number of providers who together provide coverage totaling 24 hours. Such care providers may be housed on-site. J. Services shall be provided to persons who, because of mental or physical disability, addiction to drugs, alcohol, incarceration, or family/school problems, require specialized attention and care to achieve personal independence. 50  City of Farmington 32 SUP 18-24 610 N. Dustin Ave. PLANNING MEMO COMMENTS SUMMARY SUP 18-24 MASADA HOUSE (RENEWAL OF SUP 10-16) Deadline: 3/26/18 City of Farmington Departments CD Director – M. Holton No comment 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 Customer Care Manager – L. ELEC Richardson ELEC Electrical Engineering – L Aligarbes No comment ELEC T & D – R. Romero FIRE Fire Captain – D. Doudy FIRE Fire Marshall – B. Vega LEGAL City Attorney – J. Breakell LEGAL Deputy City Attorney – E. Wayne No comment POLICE Code Compliance – M. Romero No comment POLICE Sergeant – P. Flores PRCA C. Styron No comment PW City Engineer – N. Westerling PW Engineering – T. Sitta No comment PW Streets Superintendent PW Traffic Engineer – C. Trask No comment Water Utilities Div. Comments: For the PW purposes of the SUP, there’s no requirements at this time. The City has a 6-inch waterline (looped) and an 8-inch sewer line fronting the property. There Water/Waste Water – R. Salcido are several fire hydrants in the area from the subject property. The nearest hydrant is about 200 ft. south of the subject property at the corner of E. Comanche St and N. Dustin. 51  City of Farmington 33 SUP 18-24 610 N. Dustin Ave. Other Entities New Mexico Gas Company – L. Moore No comment CenturyLink – D. Willato No comment Enterprise Field Services Comcast Cable – M. Johnson CH2MHILL OMI – R. Rosen Field Services Farmington School District – C. Lyons 52  City of Farmington 34 SUP 18-24 610 N. Dustin Ave. 53  City of Farmington 35 SUP 18-24 610 N. Dustin Ave. 54  City of Farmington 36 SUP 18-24 610 N. Dustin Ave. 55  City of Farmington 37 SUP 18-24 610 N. Dustin Ave. 56  City of Farmington 38 SUP 18-24 610 N. Dustin Ave. 57  City of Farmington 39 SUP 18-24 610 N. Dustin Ave. 58  City of Farmington 40 SUP 18-24 610 N. Dustin Ave. 59  City of Farmington 41 SUP 18-24 610 N. Dustin Ave. 60  City of Farmington 42 SUP 18-24 610 N. Dustin Ave. Site Plan 61  City of Farmington 43 SUP 18-24 610 N. Dustin Ave. 62  City of Farmington 44 SUP 18-24 610 N. Dustin Ave. 63  City of Farmington 45 SUP 18-24 610 N. Dustin Ave. 64  City of Farmington 46 SUP 18-24 610 N. Dustin Ave. 65  City of Farmington 47 SUP 18-24 610 N. Dustin Ave. 66  City of Farmington 48 SUP 18-24 610 N. Dustin Ave. 67  City of Farmington 49 SUP 18-24 610 N. Dustin Ave. 68  City of Farmington 50 SUP 18-24 610 N. Dustin Ave. 69  City of Farmington 51 SUP 18-24 610 N. Dustin Ave. 70  City of Farmington 52 SUP 18-24 610 N. Dustin Ave. 71  City of Farmington 53 SUP 18-24 610 N. Dustin Ave. 72  City of Farmington 54 SUP 18-24 610 N. Dustin Ave. 73  City of Farmington 55 SUP 18-24 610 N. Dustin Ave. 74  City of Farmington 56 SUP 18-24 610 N. Dustin Ave. 75  City of Farmington 57 SUP 18-24 610 N. Dustin Ave. 76  City of Farmington 58 SUP 18-24 610 N. Dustin Ave. 77  City of Farmington 59 SUP 18-24 610 N. Dustin Ave. 78  City of Farmington 60 SUP 18-24 610 N. Dustin Ave. 79  City of Farmington 61 SUP 18-24 610 N. Dustin Ave. 80  City of Farmington 62 SUP 18-24 610 N. Dustin Ave. 81  City of Farmington 63 SUP 18-24 610 N. Dustin Ave. 82  COMMUNITY DEVELOPMENT PETITION REPORT Petition SUP 18-27 Special Use Permit to expand a private school and to expand existing child day care center at 2600 North Sullivan Avenue in the SF-7, Single-family Residential District A. STAFF REPORT, April 26, 2018 PROJECT INFORMATION Applicant Cross Roads Community Church Representative Rev. Eli Wyatt Date of March 29, 2018 Application Requested Action Approval of a special use permit to expand a private school from K-6 to K-12 with a maximum capacity of 98 children, and to expand the existing child day care center from 19 children to 107 children in the SF-7, Single-family Residential zoning district. Location 2600 North Sullivan Avenue Existing Land Private school and child day care center Use Existing Zoning SF-7, Single-family Residential Surrounding North: SF-7, Single-family Residential/residential Zoning & Land South: SF-7, Single-family Residential/residential Use East: SF-7, Single-family Residential/residential West: SF-7, Single-family Residential/residential Notice Publication of Notice for public hearings of the Planning and Zoning Commission appeared in the Daily Times on Sunday April 8, 2018. Property owners within 100 feet were sent notice by certified mail on Wednesday April 4, 2018 and a sign was posted on Friday, April 13, 2018. Staff Planner Helen Landaverde, Associate Planner 83  City of Farmington 2 SUP 18-27 2600 N. Sullivan STAFF ANALYSIS Background The applicant Cross Roads Community Church, represented by Rev. Eli Wyatt, is requesting a Special Use Permit to expand a private school from K-6 to K-12 with a maximum capacity of 98 children, and to expand the existing child day care center from 19 children to 107 children. The subject property is located at 2600 North Sullivan Avenue in the SF-7, Single-family Residential District. Research shows that the school, Acts Christian Academy, existed prior to the adoption of the Unified Development Code in 2008; therefore, the existing school is a legal nonconforming use. Pursuant to Section 9.2.2 Special use “A use existing on the effective date of this UDC, or subsequent amendment applicable to the use, which would only be permitted as a special use, shall be deemed to have a special use permit. Any change or expansion of such use shall require a new special use permit pursuant to section 8.9.” The private school has been expanded without a revision to the special use permit and 86 children are currently enrolled in Acts Christian Academy. The applicant is proposing to expand the existing school from K-6 to K-12 to allow a maximum capacity of 98 children. First Steps Day Care was approved for a Special Use Permit (SUP 08-19) on October 14, 2008 and allows the use with a maximum of 19 children per New Mexico State Child Care Licensing (see attachment). The day care center has been expanded without a revision to SUP 08-06. There are currently 45 children enrolled at First Steps Day Care plus 35 children in the after school program (see Figure 2). There is a total of 80 children enrolled at First Steps Day Care. The applicant is proposing to expand the existing child day care center to 107 children. San Juan County Tax Assessor’s records show that the size of the subject property is 2.62 acres and the subject building is approximately 12,070 sq. ft. However, construction plans indicated that the size of the subject building is 16,708 sq. ft. Acts Christian Academy According to the applicant’s representative, Rev. Eli Wyatt, Acts Christian Academy serves 86 children with four (4) full-time teachers, one (1) part-time teacher, and one (1) principal. At present, Acts Christian Academy has six (6) main classrooms for pre-K to 12th grade (see Figure 2 and 3). The school is open 8:00 a.m. to 3:15 p.m., Monday through Friday. Based on the information provided by the applicant, the private school currently occupies 4,095 square feet (existing space). The applicant proposes to expand the use into an additional 4,173 square feet (including shared space) to allow for a maximum capacity of 98 children with 10 to 15 staff members. The total proposed square footage for Acts Christian Academy is 8,268 sq. ft. The applicant proposes to add a library (72 84  City of Farmington 3 SUP 18-27 2600 N. Sullivan sq. ft.), workroom (46 sq. ft.), supplies room (50 sq. ft.), office space (749 sq. ft. includes shared space), and a multipurpose area (3,256 sq. ft.; shared space) (see Figure 1). The hours and days of operation would remain the same. Figure 1. Existing Spaces and Proposed Additions Existing spaces Additional Rooms First Steps Day Care Documents provided by the applicant indicate that the daycare occupies approximately 3,682 square feet and the proposed expansion is an additional 7,777 square feet. The total proposed square footage for First Steps Day Care is 11,459 sq. ft. (including shared space). The day care center has seven (7) main classrooms for infants, toddlers, and children less than five years of age (see Figure 2). The day care center is open from 7:00 a.m. to 6:00 p.m. Monday through Friday and currently serves up to 94 children with 10 employees, one (1) director, and one (1) administrative assistant. There is an outdoor play area on the rear side of the property measuring approximately 8,400 sq. ft. (40' x 60'). Additionally, First Steps Day Care has an after school program from 3:15 p.m. to 6:00 p.m. 85  City of Farmington 4 SUP 18-27 2600 N. Sullivan Figure 2. Current Use for Acts Christian Academy & First Steps Day Care 86  City of Farmington 5 SUP 18-27 2600 N. Sullivan Figure 3. Current Use for Acts Christian Academy & First Steps Day Care Upper Level The applicant is requesting an expansion of the current use and facility in order to serve a maximum of 107 children with 15 to 20 staff members. The applicant proposes to add and/or remodel seven (7) classrooms (3,925sq. ft.), add office/storage space (596 sq. ft.; includes shared space), and a multipurpose area (3,256 sq. ft.; shared space). The hours and days of operation would remain the same. 87  City of Farmington 6 SUP 18-27 2600 N. Sullivan Figure 4. Proposed expansion of private school and day care center. 88  City of Farmington 7 SUP 18-27 2600 N. Sullivan Figure 5. Proposed expansion of day care center. Pursuant to the UDC 5.2.3 Minimum off-street parking requirements the number of parking spaces for educational facilities K – 8 is one (1) per teacher and employee. For 9+ Grade the parking requirement is one (1) per teacher and employee plus one (1) per three (3) students (see Table 1). The minimum off-street parking requirement for a day care center is 1.0 per 250 square feet. There are a total of 94 off-street parking spaces on subject property. The north parking lot has 68 parking spaces with three (3) ADA parking spaces and the south parking lot has 26 parking spaces with four (4) ADA parking spaces. Off-street parking for the proposed expansion of the private school and day care center exceeds the minimum off-street parking requirements. 89  City of Farmington 8 SUP 18-27 2600 N. Sullivan Table 1. Minimum off-street parking requirements UDC 5.2.3 Minimum off-street parking Minimum number of space required requirements K – 8 - one (1) per teacher and employee 20 9+ Grade - one (1) per teacher and employee plus 15 (teacher) + 1 (4 students) = 16 one (1) per three (3) students day care center - 1.0 per 250 square feet 45 Total off-street parking spaces 81 Consistency with the Land Use Plan The existing and proposed expansion of the private school and day care center are consistent with Farmington’s 2020 Future Land Use Plan. The plan calls for this area to be Residential Single Family Urban (see attachment). One of the guidelines for Residential Land Use is “schools, parks, and community facilities should be close by.” In addition, a private school and/or daycare center in the SF-7, Single-family Residential District is an allowed use with an approval of a Special Use Permit. The surrounding properties are zoned residential. The request for the expansion of the private school and the day care center is for the continuation of an alternative educational service provided to the community. Staff has verified and confirmed that there has not been a history of zoning code violations associated with the existing use. Special Use Permit Criteria – Section 8.9.4 of the UDC Section 8.9.4 of the UDC sets forth the criteria for review of a special use permit. The section states that an SUP may be approved where it is reasonably determined that there will be no significant negative impact upon residents of surrounding property or upon the public. Criteria are listed as follows: 90  City of Farmington 9 SUP 18-27 2600 N. Sullivan A. Effect on environment: The location, size, design, and operation characteristics of the proposed use shall not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, not be substantially or permanently injurious to the neighboring property. The private school has been in operation before 2008 and the child day care has been existent since 2010 without detrimental impacts to nearby properties. Staff has not found any zoning code violations related to both uses. The proposed expansion of the private school, at a maximum capacity of 98 children, and the expansion of the day care center, at a maximum capacity of 107 children, is not expected to have adverse impacts on the livability of the residential area. All operating characteristics will remain the same and should not affect the surrounding neighborhood or the neighboring property. B. Compatible with surrounding area: The proposed site plan, circulation plan, and schematic architectural designs shall be harmonious with the character of the surrounding area with relationship to scale, height, landscaping and screening and density. There is sufficient space for the expansion of the private school and child day care center. The size of the building is approximately 16,708 sq. ft. The total proposed square footage for Acts Christian Academy is 8,268 sq. ft. (including shared space). The total proposed square footage for First Steps Day Care is 11,459 sq. ft. (including shared space). The combined size of both uses including shared space is approximately 16,108 sq. ft. The proposed expansion is compatible with the surrounding residential area and is in harmony with the character of the surrounding area. A private school and child day care center are allowed uses with the approval of a Special Use Permit in SF-7, Single-family Residential District. The proposed expansion shall meet all State and UDC development and use requirements for a private school and child day care center. C. External impacts minimized: The proposed use shall not have negative impacts on existing uses in the area and in the city through the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard, or other injurious or noxious impact. The applicant shall provide adequate mitigation responses to the impacts. Staff has determined that there has not been a history of zoning code violations associated with the existent uses. There are no negative impacts concerning noise, glare fumes, dust, smoke, or vibration. The petitioner is required to mitigate any adverse impacts to the area. 91  City of Farmington 10 SUP 18-27 2600 N. Sullivan D. Infrastructure impacts minimized: The proposed use shall not have negative impacts on existing uses in the area and in the city through impacts on public infrastructure such as roads, parking facilities and water and sewer systems, and on public services such as police and fire protection and solid waste collection, and the ability of existing infrastructure and services to provide services adequately. The proposed expansion will not have a negative impact on existing uses in the area and/or negative impacts on public infrastructure. Adequate facilities and services are currently provided. E. Consistent with the UDC and Comprehensive Plan: The proposed use will be consistent with purposes of this UDC, the Comprehensive Plan, and any other statutes, ordinances or policies that may be applicable, and will support rather than interfere with the uses otherwise permitted in the zone in which it is located. The Comprehensive Plan calls for this area to be residential and encourages schools and community facilities to be within close proximity to residential uses. A Special Use Permit for a private school and a child day care center in the SF-7, Single-family Residential District is consistent with the UDC and the Comprehensive Plan. F. Parcel size: The proposed use may be required to have additional land area, in excess of the minimum lot area otherwise required by the underlying zoning district, as necessary to ensure adequate mitigation of impacts on surrounding land uses and the zoning district. The size of the building is approximately 16,708 sq. ft. The total proposed square footage for Acts Christian Academy is 8,268 sq. ft. (including shared space). The total proposed square footage for First Steps Day Care is 11,459 sq. ft. (including shared space). The combined size of both uses including shared space is approximately 16,108 sq. ft. Any additional space for the private school and child day care center within the existing building or on the subject property will have to comply with (1) all applicable state requirements for school and child day care center facilities and (2) with the UDC density and dimensional standards for nonresidential uses in the SF-7 District. G. Site Plan: The proposed use shall be required to comply with the site plan review procedures and standards of Section 8.5, site plan review, as specified. The petitioner provided a site plan that conforms to the standards of Section 8.5 (see attachment). STAFF CONCLUSION Staff concludes approval of SUP 18-27 is appropriate. The proposed expansion of the private school and child day care center should not have any adverse effects on the surrounding area. 92  City of Farmington 11 SUP 18-27 2600 N. Sullivan STAFF RECOMMENDATION The Community Development Department recommends approval of Petition SUP 18- 27, a request from Cross Roads Community Church, represented by Rev. Eli Wyatt, for a special use permit to expand a private school and a child day care center at 2600 North Sullivan Avenue in the SF-7, Single-family Residential District and subject to the following conditions: 1. Both uses, private school and day care center, must meet all the requirements of Public Works for traffic impacts, the building code and fire code; 2. The special use permit is specific to the expansion of the private school from K-6 to K-12 with maximum capacity of 98 children, and to expand the existing child day care center from 19 children to 107 children; 3. If the private school capacity increases over 98 children the applicant will apply to the Community Development Department to amend the approved Special Use Permit; and 4. If the day care center capacity increases over 107 children the applicant will apply to the Community Development Department to amend the approved Special Use Permit. 93  City of Farmington 12 SUP 18-27 2600 N. Sullivan 94  City of Farmington 13 SUP 18-27 2600 N. Sullivan Photo of subject property 95  City of Farmington 14 SUP 18-27 2600 N. Sullivan 96  City of Farmington 15 SUP 18-27 2600 N. Sullivan 97  City of Farmington 16 SUP 18-27 2600 N. Sullivan PLANNING MEMO COMMENTS SUMMARY SUP 18-27 2600 N. SULLIVAN Deadline: 4/13/18 City of Farmington Departments CD Director – M. Holton No comment CD Addressing – Planning Division 1) A plan of the building with the CD room uses, including the age of the children in each room, will need to be provided to determine if the space meets the building code for the different ages and occupancy classifications. 2) It will need to be determined if Chief Building Official – D. Childers there is any fire barriers existing that divides the building into different fire areas, to allow the proposed increased occupant load and occupancy classification. A building permit will be required for any modifications to the existing space used for the daycare or any expansion into the other spaces CD Long Range Planner CD MPO – D. Garcia CD Oil & Gas Inspector – L. Simms CITY City Manager’s Office – J. Baird No comment Customer Care Manager – L. ELEC Richardson Building or any proposed structure on ELEC property needs 50-foot of clearance from Electrical Engineering – L Aligarbes the transmission center line that runs along Sullivan Ave. ELEC T & D – R. Romero FIRE Fire Captain – D. Doudy 98  City of Farmington 17 SUP 18-27 2600 N. Sullivan FIRE Fire Marshall – B. Vega LEGAL City Attorney – J. Breakell LEGAL Deputy City Attorney – E. Wayne No comment POLICE Code Compliance – M. Romero No comment POLICE Sergeant – P. Flores PRCA C. Styron No comment PW City Engineer – N. Westerling PW Engineering – T. Sitta No comment PW Streets Superintendent We need to know if there will be more PW than 100 trips. It’s possible that these are family groups that ride together in one vehicle. We need an evaluation by Traffic Engineer – C. Trask the owner as to how many actual trips there will be and then we can determine whether or not it meets the threshold for a TIA. This would apply to the parking analysis also 4/16/18 PW Water/Waste Water – M. Tso No comment Other Entities New Mexico Gas Company – L. Moore No comment CenturyLink – D. Willato No comment Enterprise Field Services Comcast Cable – M. Johnson CH2MHILL OMI – R. Rosen Field Services Farmington School District – C. Lyons 99  City of Farmington 18 SUP 18-27 2600 N. Sullivan 100  City of Farmington 19 SUP 18-27 2600 N. Sullivan 101  City of Farmington 20 SUP 18-27 2600 N. Sullivan 102  City of Farmington 21 SUP 18-27 2600 N. Sullivan 103  City of Farmington 22 SUP 18-27 2600 N. Sullivan 104  City of Farmington 23 SUP 18-27 2600 N. Sullivan 105  City of Farmington 24 SUP 18-27 2600 N. Sullivan 106  City of Farmington 25 SUP 18-27 2600 N. Sullivan 107  City of Farmington 26 SUP 18-27 2600 N. Sullivan 108  City of Farmington 27 SUP 18-27 2600 N. Sullivan 109  City of Farmington 28 SUP 18-27 2600 N. Sullivan 110  City of Farmington 29 SUP 18-27 2600 N. Sullivan 111  City of Farmington 30 SUP 18-27 2600 N. Sullivan 112  City of Farmington 31 SUP 18-27 2600 N. Sullivan 113  City of Farmington 32 SUP 18-27 2600 N. Sullivan 114  City of Farmington 33 SUP 18-27 2600 N. Sullivan 115  City of Farmington 34 SUP 18-27 2600 N. Sullivan 116  City of Farmington 35 SUP 18-27 2600 N. Sullivan 117  City of Farmington 36 SUP 18-27 2600 N. Sullivan 118  City of Farmington 37 SUP 18-27 2600 N. Sullivan 119  City of Farmington 38 SUP 18-27 2600 N. Sullivan Floor Plan Lower (current) 120  City of Farmington 39 SUP 18-27 2600 N. Sullivan Floor Plan Lower (proposed) 121  City of Farmington 40 SUP 18-27 2600 N. Sullivan Floor Plan Upper (current) 122  City of Farmington 41 SUP 18-27 2600 N. Sullivan Floor Plan Upper (proposed) 123  City of Farmington 42 SUP 18-27 2600 N. Sullivan 124  City of Farmington 43 SUP 18-27 2600 N. Sullivan 125  City of Farmington 44 SUP 18-27 2600 N. Sullivan 126  City of Farmington 45 SUP 18-27 2600 N. Sullivan 127  City of Farmington 46 SUP 18-27 2600 N. Sullivan 128  City of Farmington 47 SUP 18-27 2600 N. Sullivan 129  MINUTES PLANNING & ZONING COMMISSION March 15, 2018 The Planning and Zoning Commission met in a regular session on March 15, 2018 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. P&Z Members Present: Chair-Joyce Cardon Shay Davis Kristin Langenfeld Cheryl Ragsdale Paul Thompson Cody Waldroup P&Z Members Absent: Ryan Brown Clint Freeman Del Washburn Staff Present: Mary Holton Helen Landaverde Cindy Lopez Toni Sitta Karen Walker Others Who Addressed the Commission: Bob Echols Doug Kinsey Craig Stoabs Scott Weaver 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 Cindy Lopez said she would be presenting ZC 18-01 as Teri Clashin was not able to attend the meeting. Approval of the Minutes A motion was made by Commissioner Thompson and seconded by Commissioner Ragsdale to approve the minutes of the January 25, 2018 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 Waldroup and seconded by Commissioner Ragsdale to approve the Open Meetings Resolution of 2018. The 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 ZC 18-01 Zone Change from MF-M to LNC Planning & Zoning Commission Discussion of Petition ZC 18-01 on March 15, 2018 Planning Manager Cindy Lopez presented the staff report for ZC 18-01, a request from Leaf Properties, represented by Doug Kinsey, for a zone change from Multi-Family Medium Density (MF-M) to Local Neighborhood Commercial (LNC) for 5.47 acres of property located on Wildflower Parkway approximately 576 feet east of Wildflower Mesa Drive. The owner would like to change the zone to build a small retail store on a portion of the parcel. Ms. Lopez noted UDC 3.16.1, which states that the LNC district “is intended to accommodate neighborhood-oriented, low-intensity retail sales and services used in commercial clusters and/or nodes along thoroughfares and at intersections that are readily accessible from surrounding residential areas. LNC district uses attract customers from a limited area and are typically located along collector or arterial streets.” The proposed zoning is consistent with sections of the Comprehensive Plan and promotes and facilitates both land use development and economic growth. In many ways a retail use in this location would serve the needs of nearby residents, said Ms. Lopez. The properties to the west are zoned Residential Estate - 20 Special Mobile Home Area Overlay (RE -20 SMHAO). The properties to the south are zone Multi-family Medium Residential (MF- M). The properties to the east are zoned as Multi-family Medium Residential (MF-M) and General Commercial Planned Development (GC PD). The properties to the north are located in San Juan County. The property to the south and west are vacant. The property to the north has commercial uses, but most of the property is vacant. Staff recommends approval of this petition with the condition that the property will be subdivided and the right-of-way for Wildflower Parkway will be dedicated with the subdivision plat prior to any building permits being issued. Doug Kinsey, representing Leaf Properties located in Helen, Georgia, said Leaf Properties would like to build in the LNC district to provide goods and services to residents and to take advantage of the traffic flow in the area. Planning & Zoning Commission Action of Petition ZC 18-01 on March 15, 2018 A motion was made by Commissioner Waldroup and seconded by Commissioner Ragsdale to approve Petition ZC 18-01, a request from Leaf Properties, represented by Doug Kinsey, for a zone change from Multi-Family Medium Density (MF-M) to Local Neighborhood Commercial (LNC) for 5.47 acres of property located on Wildflower Parkway approximately 576 feet east of Wildflower Mesa Drive. AYE: Chair Cardon, Commissioners Brown, Davis, Langenfeld, Ragsdale, Thompson, and Waldroup. NAY: None Abstained: None Absent: Commissioners Brown, Freeman, and Washburn. Motion passed 6-0 CONSIDERATION & RECOMMENDATION FP 18-09 Final Plat for Wildflower Heights Subdivision No. 1 Planning & Zoning Commission Discussion of Petition FP 18-09 on March 15, 2018 Planning Manager Cindy Lopez presented the staff report for FP 18-09, a request from Stonetown 4 Investors, LLC, represented by Bob Echols with Cheney-Walters-Echols, for a Final Plat for Wildflower Heights No. 1, a 16-lot subdivision on 136.52 acres of vacant land, located south of Wildflower Parkway, east of Goldenrod Trail, and north of Melissa Street. Andrea Drive runs diagonally through the property from the southwest corner to the northeast corner of the property. Ms. Lopez noted the preliminary plan was approved by City Council on January 9, 2018. Issues and comments from staff on the preliminary plan have been addressed. The project was also approved for a zone change to reconfigure the commercial area (Lot 1 Block 4) as shown on the final plat and to designate the remainder of the property that was commercial to RE-20 for residential uses. The petitioner is requesting the abandonment of a 120-foot wide right-of-way that was part of the Elena Gallegos Land exchange of 1983, which was included in the preliminary plan that was approved. Staff recommends approval of Petition FP 18-09 with the abandonment of the 120-foot wide right-of-way easement as shown on the subdivision plat and with the following conditions: • All technical corrections to the plat will be corrected and reviewed by staff prior to the recording of the plat. Bob Echols with Cheney-Walters-Echols, located at 909 W. Apache Street, said he has no objections to the comments in the staff report and is in the process of addressing the technical portions of the plat. Planning & Zoning Commission Action of Petition FP 18-09 on March 15, 2018 A motion was made by Commissioner Langenfeld and seconded by Commissioner Thompson to approve Petition FP 18-09, a request from Stonetown 4 Investors, LLC, represented by Bob Echols with Cheney-Walters-Echols, for Wildflower Heights No. 1, a Final Plat of a Class 1, 16-lot subdivision on 136.52 acres of vacant land, located south of Wildflower Parkway, east of Goldenrod Trail, and north of Melissa Street, with the abandonment of the 120-foot wide right-of-way easement as shown on the subdivision plat and with the following conditions: • All technical corrections to the plat will be corrected and reviewed by staff prior to the recording of the plat. AYE: Chair Cardon, Commissioners Davis, Langenfeld, Ragsdale, Thompson and Waldroup. NAY: None Abstained: None Absent: Commissioners Brown, Freeman, and Washburn. Motion passed 6-0  CONSIDERATION & RECOMMENDATION SUP 18-12 Special Use Permit to allow a bar in the LNC District Planning & Zoning Commission Discussion of Petition SUP 18-12 on March 15, 2018 Associate Planner Helen Landaverde presented the staff report for SUP 18-12, a request from Mr. 4s, DBA Traegers, represented by Scott Weaver, for a Special User Permit to allow for a bar in the Local Neighborhood Commercial (LNC) district for property located in Silver Ridge Plaza at 5170 College Blvd. #106. The applicant is proposing to use the first floor as a bar and the second floor for special events. Bars, taverns, and lounges are allowed uses in the LNC District with the approval of a Special Use Permit. Ms. Landaverde stated a liquor license was previously approved and issued for Fire House Java & Cuisine at Silver Ridge Plaza, 5150 College Boulevard #206. There has not been a history of code violations associated with the previous use and the sale and service of alcoholic beverages. Pursuant to New Mexico State Statute, 60-6B-10 Business Licenses, “no license shall be issued by the state for the sale of alcoholic beverages that is within three hundred (300) feet of any church or school without a waiver from the local governing body.” The proposed bar for 5170 College Boulevard #106 is approximately 50 feet from San Juan College’s Quality Center for Business. The applicant has communicated that he will meet with San Juan College on March 13, 2018 to discuss the proposed use in regards to the State’s 300- foot rule. The proposed bar is approximately 635 feet from the New Covenant United Methodist Church and 1,015 feet from the Church of Jesus Christ of Latter-day Saints. The property to the north of the subject property is zoned as LNC, Local Neighborhood Commercial. The property to the south is zoned SF-10 Single-family residential and it is currently vacant and undeveloped. The property to the east is zoned as OP, Office Professional and to the west the property is zoned RA, Rural Agriculture. San Juan College Quality Center for Business is located directly across from the subject property. Ms. Landaverde said the proposed building at 5170 College Boulevard #106 is approximately 2,700 square feet with an outdoor patio measuring 500 square feet. The applicant proposes to have a total of 80 seats for the first floor and 32 seats for the second floor. The second floor will be used only for special events. Construction plans for Silver Ridge Plaza show that there are a total of 123 off-street parking spaces for Silver Ridge Plaza. The proposed use meets Farmington’s parking requirements for a bar and will have sufficient off-street parking and shared parking, as well as access to driveways from College Boulevard. The proposed bar is consistent with Farmington’s Comprehensive Plan and promotes and facilitates the City’s Land Use and Development goals and objectives for commercial land use, as well as the City’s Economic Development Plan. The proposed use is consistent with the City’s 2020 Future Land Use Plan. The proposed hours of operation will not generate noise in the late evening or early morning hours. The sale of alcohol will be conducted under a license from the New Mexico Regulation and Licensing Department in accordance with the Liquor Control Act. Staff recommends approval of petition SUP 18-12 with the following conditions: 1. The use must meet all requirements of the building and fire codes; and 2. The use shall be limited to the type of operation presented by the applicant and described in this staff report. Any change to the bar’s hours of operation, sale and service of alcoholic beverages or entertainment arrangements, will require approval of an amendment to the Special Use Permit by the Planning and Zoning Commission. Commissioner Waldroup asked if the liquor license was only for beer and wine. Ms. Landaverde did not know, but said a bar that served hard liquor was allowed in LNC. Commissioner Waldroup asked if residential uses would be developed behind Silver Ridge Plaza. Ms. Landaverde said it was currently zoned Office Professional (OP). Commissioner Davis asked why limited hours of operation were included in this petition. Ms. Landaverde said limited hours would be more conducive to the neighborhood. Scott Weaver, 4800 Bering Street, said he met with San Juan College on March 13, 2018. Mr. Weaver submitted a copy of a letter from San Juan College that was signed by John Thompson, Chairman of San Juan College Board of Trustees. The letter stated a motion passed to provide consent to Mr. 4s, LLC (DBA) Traegers for its proposed location and alcohol license at 170 College Blvd. #106. Mr. Weaver said he would like to promote performers from the college, but did not intend to have loud concert type venues or DJs. Mr. Weaver asked to reserve the right to operate at the full extent of the legal hours of operation for a bar in LNC rather than having restricted hours of operation. Commissioner Thompson expressed concern about loud bands at the bar. Ms. Lopez said the City has a noise ordinance that will restrict the decibels that are allowed. Ms. Lopez also commented that there should not be too may restrictions placed on a business. Commissioner Thompson asked if there would be package sales of liquor. Mr. Weaver said he did not want to sell packaged liquor. Commissioner Waldroup asked if food would be served. Mr. Weaver said it would be snacks and finger-food. Craig Stoabs, 4800 College Blvd., is the builder of Silver Ridge Plaza. He stated the surrounding land will not be residential. Mr. Stoabs mentioned that San Juan College has outdoor bands and concerts frequently. The Commissioners discussed the petition and agreed that there were sufficient regulations in the City’s codes to address any noise violations. They also agreed that liquor laws in New Mexico are strict and would regulate any liquor violations. The Commissioners decided to eliminate condition #2 in the recommendations by staff. Planning & Zoning Commission Action of Petition SUP 18-12 on March 15, 2018 A motion was made by Commissioner Thompson and seconded by Commissioner Waldroup to approve Petition SUP 18-12, a request from Mr. 4s, DBA Traegers, represented by Scott Weaver, for a Special User Permit to allow for a bar in the Local Neighborhood Commercial (LNC) district for property located at 5170 College Blvd. #106 with the following condition: • The use must meet all requirements of the building and fire codes. AYE: Chair Cardon, Commissioners Davis, Langenfeld, Ragsdale, Thompson, and Waldroup. NAY: None Abstained: None Absent: Commissioners Brown, Freeman, 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: Commissioner Davis asked if the Planning Department has received any petitions for chickens lately. Ms. Lopez replied that there have not been any petitions recently. The discussion to allow chickens by right was put on hold last year and will be brought back again in the near future. Adjournment: With no further business and a motion by Commissioner Waldroup and seconded by Commissioner Davis, the Planning and Zoning Commission meeting of March 15, 2018 was adjourned at 4:57 p.m. ____________________________ _____________________________ Joyce Cardon Karen Walker Chair Administrative Assistant