Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive May 24, 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 April 26, 2018 P&Z Meeting 24 4 Petition No. ZC 18-30– a request from Jesus Rene Castillo, for a zone change 1 from GC, General commercial to MU, Mixed Use, for 0.29 acres for the purpose of placing a double-wide manufactured home on property located at 603 W. Animas Street. (Teri Clashin) 5 Business from: Floor: Chairman: Members: Staff: 6 Adjournment he recommendation of the Planning and Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, June 12, 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 18-30 Zone Change from GC, General Commercial to MU, Mixed Use 603 W. Animas Street A. STAFF REPORT, May 22, 2018 PROJECT INFORMATION Applicants Jesus Rene Castillo Representative Jesus Rene Castillo Date of Application April 19, 2018 Zone Change from GC, General Commercial to MU, Mixed Requested Action Use Location 603 W. Animas Street (R0021675) Existing Land Use Vacant and undeveloped Existing Zoning GC, General Commercial Surrounding Zoning North: GC, General Commercial; and MU, Mixed Use and Land Use South: IND, Industrial West: GC, General Commercial East: GC, General Commercial; and MU, Mixed Use Notice Publication of Notice for public hearings of the Planning and Zoning Commission appeared in the Daily Times on Wednesday, May 2, 2018. Property owners within 100 feet were sent notice by certified mail on Wednesday, May 2, 2018 and a sign was posted on Friday, May 11, 2018. MRA Consideration May 15, 2018 Staff Planner Teri Clashin, Associate Planner Project Description: The petitioner is requesting a zone change from GC, General Commercial to MU, Mixed Use. The subject property (R0021675) is 0.286 acres and is located at 603 West Animas Street. The property is located in Black’s Addition Subdivision, Block 3, Lots 1 and 2. The lots are 125’ X 50’ = 6,250 ft² each, the combined total is 12,500 ft² or 0.286 acres. The Black’s Addition Subdivision was recorded in 1927 and was platted as a residential subdivision. The size and scale of the subdivision are residential in character. There are businesses to the north on Broadway and to the south of Cedar Street. The block between Animas Street and Cedar Street and Lorena Avenue and Schwartz Avenue are made up of 50’ X 125’ lots that are currently occupied by residential structures. The neighborhood was pre-existing before the implementation of many of the City’s plans and policies, as well as the UDC. The residential structures on the block are considered legal non-conforming uses. 1 Pursuant to UDC Section 2.3 Permitted Use Table, residential uses are not an allowed use in the GC, General Commercial District, except for upper stories. The petitioner is requesting a zone change for the purpose of placing a double-wide Manufactured Home on their property. A manufactured home, multi-section home is a permitted use in the MU, Mixed Use District. The subject property is surrounded by single family residential uses to the north and west and local businesses to the south and east. To the north of the subject property is GC, General Commercial and MU, Mixed Use; to the West is GC, General Commercial; to the south is IND, Industrial District; and to the East is GC, General Commercial and MU, Mixed Use. The requested zone change is on Animas Street where properties in the past have received zone changes to MU, Mixed Use. Please see the map below for location: • ZC 10-10 (401 W. Animas Street) – GC to MU, M&H Construction for Lots 1-6 for the development of 7 residential apartment units. The petition was approved by Council on November 9, 2010. • ZC 10-14 (406 W. Cedar Street) – GC to MU, request from M&H Construction Lots 7 and 8 as part of the development of 7 residential apartment units. The petition was approved by Council on January 25, 2011. • ZC 11-03 (608 W. Animas Street) – GC to MU, to make the existing residence a conforming use, to allow for the sale of the property. The petition was approved by Council on March 22, 2011. • ZC 11-07 (411 W. Animas Street) – GC to MU, the purpose of the zone change is to allow the home to continue to be used as a residence and to become a conforming use for the refinancing of the property. The petition was approved by Council on July 12, 2011. • ZC 11-14 (617 W. Cedar Street) – IND to MU, the zone change was granted to allow the property owner to make his residence legal and conform to the zone for a residential expansion. The petition was approved by Council on October 25, 2011. • ZC 14-04 (505 W. Maple Street) – IND to MU, the subject property is 0.58 acres and the owner wanted to further subdivide the property into four parcels for single family residential properties. The petition request was denied by the Planning and Zoning Commission on May 15, 2014. The petition was withdrawn before it was heard at City Council. In addition, there were two Special Use Permits issued recognizing the properties as residential conforming uses for • SUP 06-23 (609 W. Animas Street) – A SUP was requested to allow a legal nonconforming residential use to be rebuilt if destroyed by more than 50% of its values for mortgaging and insurance purposes. City Council approved on October 10, 2006. • SUP 07-05 (611 W. Animas Street) – A SUP was requested to allow a legal nonconforming residential use to be rebuilt if destroyed by more than 50% of its values for mortgaging and insurance purposes City Council approved on April 24, 2007 2 Unified Development Code (UDC) Sec. 3.11 Mixed Use (MU) District: 3.11.1 Purpose: The Mixed Use (MU) District is intended to accommodate low-intensity mixed-uses with a strong residential character. The MU district provides specific standards for the development of limited business, office, or service uses in existing residential structures, or in new structures within residential areas. The MU District is intended to implement the planning policies of the Comprehensive Plan’s “Mixed Use” land use designation, in the Animas Neighborhood (south of Broadway) and the Civic Center Neighborhood (north and west of the Civic Center). Residential uses in the MU District must meet the density and dimension standards as shown below: Non-Residential District Density and Dimensional Schedule Minimum lot Subject Property is 12,500 ft² area/dwelling unit (ft²) Single-family 6,000 2 Two-family 3,000 4 Multi-family 2,500 5 3  UDC Section 2.8.2 Nonresidential base zoning district density and dimensional schedule. Farmington Comprehensive Plan The Comprehensive Plan’s 2020 Future Land Use Map recommends the subject area as “Office Professional”. The request for the zone change does not comply with the recommendations in the Future Land Use map. However, the Comprehensive Plan does support the need for mixed use residential and commercial in the Animas District. Chapter 13 Downtown Neighborhoods C- Animas Neighborhood Goal: Redevelop the Animas Neighborhood as a mixed-use development with new types of affordable housing, expand medical and cultural facilities linking Downtown to the Riverwalk.  Objective 13C.9: Encourage mixed use residential and commercial by allowing creative housing types.  Action 13.C.9.1: Create Mixed Use zoning district that would allow both housing and commercial uses on smaller lots.  Action 13.C.9.2: Provide incentives to locate the affordable, often smaller, housing in areas that have existing infrastructure and services. Chapter 4 Land Use and Development  Goal: Plan and facilitate land use and development that is consistent, orderly, functional, in harmony with the natural environment, and promotes a progressive, vibrant, scenic, and safe community.  Objective 4.1: Assure the provision of a variety of different land use types in suitable locations, densities, and patterns while avoiding mixing of incompatible uses in close proximity to each other.  Objective 4.4: Consider manufactured homes in the same manner as conventionally constructed homes. Metropolitan Redevelopment Area (MRA) Plan 4 The goals for the MRA were preliminarily established by the Comprehensive Plan. The MRA Plan established goals for the three distinct neighborhoods that make up the MRA. These neighborhoods include the Downtown area, Civic Center Neighborhood and Animas District. The MRA Plan’s vision for the Animas District include the follow goals and objectives:  Animas District Goal: Redevelop the Animas Neighborhood as a mixed-use development with new types of affordable housing, expanded medical and cultural facilities linking Downtown to Riverwalk.  Objective 6: Achieve a more sustainable mix of land uses once the area is remediated including market-rate housing and neighborhood-serving public and institutional uses. The MRA Plan recommends housing opportunities to improve residential livability through new residential development, including compact family dwellings, rental units and specialty housing. The MRA Plan public meeting, resident focus groups indicated “In the Animas District, the main interest was in developing mixed types of housing; market rate residential units for medical staff, affordable housing for low income residents and students, and housing projects for clients of social service agencies” (MRA Plan page 22). 5 The MRA Plan identified five (5) Catalyst Projects, the petitioner’s property is located closest to section three (3) Development Opportunity Area 3 – San Juan Regional Medical Center. Projects in this area include (MRA Plan page 67): Housing/Residential – As part of the overall strategy to attract additional residents to the MRA, a housing project developed in proximity to the Medical Center would be an excellent component to develop in an early phase. Feasibility is enhanced by virtue of the center and the needs of its employees, but would not be necessarily limited to serving the demand sources. Sub-types of housing which could be included in this project include: Workforce housing; Market rate condos; Live-work space. The housing catalyst project could be a mixed community of market rate single-family homes, patio homes or townhouses, and small apartment units. It could include a small percentage of homes that are rental properties while maintaining a sense of stability and community through the larger percentage of owner- occupied homes. Financial projections for a residential prototype of mixed housing: rental and owned in the affordable (80% of median income) and market rate price range can be found in Technical Memorandum 7- Housing Concept Analysis, provided under separate cover (MRA Plan page 67). Ideally the proposal would more fully address these goals by including up to five (5) dwelling units, rather than just one. 6 New Mexico State Statute The Comprehensive Plan and the MRA Plan both indicate a need for a strong residential character. The success of the Animas District is predicated on the mixes of uses for live/work housing. The petitioner is requesting the zone change to MU, Mixed Use to place a single- family home, specifically a manufactured home. The New Mexico State Statute §3-21A-3: Manufactured housing; permissible regulations, indicate that: In the exercise of any of the powers and duties conferred by law, no governing body of a political subdivision of the state or any planning and zoning agency thereunder shall exclude multi-section manufactured homes form specific-use district in which site-built single-family housing is allowed or place more sever restriction upon a multi-section manufactured home than are placed upon single-family, site-built housing within that specific- use district so long as the manufactured housing is built or constructed according to the Housing and Urban Development Zone Code II or the Uniform Building Code. The governing body or any political subdivision of the state or any planning and zoning agency thereunder is authorized to regulate manufactured housing to require that it meets all requirements other than original construction requirement of other single-family dwellings that are site-built homes in the same specific-use district and to further require by ordinance that such manufactured housing be consistent with applicable historic or aesthetic standards. STAFF ANALYSIS The UDC states that the City shall consider whether the proposed zoning and land use are compatible with the conforming zoning and land uses of nearby properties and with the character of the neighborhood. Section 8.7.4 of the UDC outlines Issues for consideration in determining a proposed zone change as follows: A. Is the proposed zoning consistent with the Farmington Comprehensive Plan? The proposed zone change for the subject property is consistent with the Comprehensive Plan’s Chapter 13 Downtown Neighborhoods and Chapter 4 Land Use and Development, where the Animas Neighborhood Goal is to redevelop the Animas Neighborhood as a mixed-use development with new types of affordable housing, expand medical and cultural facilities linking Downtown to the Riverwalk. The zone change request is MU, Mixed Use. The proposed zoning is consistent with the Comprehensive Plan Chapter 13 Downtown Neighborhoods and Chapter 4 Land Use and Development, and promotes housing in the Animas District. B. Is the proposed zoning and land use(s) compatible with the present zoning and conforming uses of nearby property and the character of the neighborhood? The properties located north and west of the subject property were rezoned to MU, Mixed Use. The proposed zoning for the subject property is compatible with the land uses and character of the area where the Black Addition Subdivision was recorded in 1927 for residential uses. Today, much of the area is still single-family residential. 7  The MRA Plan Figure 19 Infill Potential and 20 Catalyst Project Areas indicate the area as residential. The character of the neighborhood is a mix of uses for housing to the west and east and commercial to the north and south. C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? The proposed zone change should not have an adverse impact on the surrounding area. The petitioner requests a zone change to allow for a single-family residential use. The proposed home will be required to meet all the requirements of the UDC and New Mexico State Statute §3-21A-3. D. Is the proposed density and intensity of use permitted in the proposed zoning district? The petitioner is proposing a zone change to allow for a manufactured home on the subject property. The MU, Mixed Use District requires a minimum of 6,000 square feet per lot area for a single family dwelling. The subject property consists of two lots that are 125’ X 50’ = 6,250 ft² each, the combined total is 12,500 ft² or 0.286 acres. Any future development on the subject property must comply with UDC use regulation, UDC requirements of the zone district and/or subdivision standards. E. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? The subject property is suitable for the development of mixed uses. The subject property is 0.286 acres and is located on Animas Street. The proposed density of the lots is suitable for the proposed MU, Mixed Use District. F. Are adequate public facilities and services available to serve development for the type and scope suggested by the proposed zone? If utilities are not available, could they be reasonably extended by the applicant? Is the applicant willing to pay for the extension of public facilities and services necessary to service the proposed development? The subject property is vacant and undeveloped. The petitioner would be responsible to provide all the necessary infrastructure for the property. G. Does the proposed change constitute “spot zoning” as defined in Article 11, definitions? Article 11 defines “spot zoning” as “Where a particular tract within a larger area is specifically zoned so as to impose upon it restrictions not imposed upon the surrounding lands, or grant to it special privileges not granted generally, not done in pursuance of the Comprehensive Plan.” The proposed zone change for the subject property is consistent with the Comprehensive Plan’s Chapter 13 Downtown Neighborhoods and is partially consistent with the MRA Plan. The requested zone change to MU, Mixed Use is 8  compatible with the character of the area and should not be detrimental to the surrounding neighborhood. The MU District is intended to accommodate low-intensity mixed uses with a strong residential character. The proposed zone change would not be a spot zone. ISSUES Community Development Director: Mary Holton • The proposal is more in line with the SF-10 or SF-7 residential zoning district, rather than the MU District. We need to ask if the proposal for one (1) single- family home is in line with what the City envisions for the MRA. Wouldn’t the proposal be more in line if it were to include a mix of residential and commercial use(s), and/or a proposal for higher density residential? • If approved as submitted, the tract will effectively be a 12,000 sf detached single-family lot in an area designated for commercial/high density residential redevelopment area. If approved, the result will set a precedent for future rezoning’s. • The MRA commission needs to review the proposal. Traffic Engineer: Charlie Trask • All sidewalks and driveways must be ADA compliant. STAFF CONCLUSION Staff concludes that the proposal does not constitute a spot zone and would not adversely impact the area. The requested zone change for this property is in accordance with the Comprehensive Plan and partially with the Metropolitan Redevelopment Area Plan. Approval of ZC 18-30 is appropriate. STAFF RECOMMENDATION Staff recommends approval of Petition ZC 18-30, a request from Jesus Castillo, for a zone change from GC, General Commercial to MU, Mixed Use for property (R0021675) located at 603 West Animas Street. MRA Commission Discussion of Petition ZC18-30 on May 15, 2018 Associate Planner Teri Clashin presented Petition ZC 18-30, a request from Jesus Castillo for a zone change from GC, General Commercial to MU, Mixed Use for 0.29 acres for the purpose of placing a double-wide manufactured home on property located at 603 W. Animas Street. The property is currently vacant and undeveloped, and is in the Black’s Subdivision, which was created in 1927. Ms. Clashin utilized a PowerPoint presentation to show where the property was located, and the surrounding residential and business properties. Businesses are to the north and east of 603 W. Animas Street. There are existing manufactured homes in the area. 9 A map was shown to show other areas in the neighborhood that have been rezoned to MU. The map also showed the zoning surrounding the property. In regards to the MRA Plan, Ms. Clashin said the property is located in an area designated for workforce housing, condominiums, market-rate housing such as townhomes, single-family homes, and small apartment communities. Staff recommends approval. Commissioner Dykeman asked why some properties had Special Use Permits (SUP). Ms. Clashin explained that the SUP’s were due to the residential structures having a non- conforming status. The SUP guarantees to the mortgage company that the structure can be rebuilt if destroyed by more than 50%. Ms. Clashin explained that residential properties are not allowed in the GC district. Ms. Lopez noted that the MRA Plan requests the Animas district to be MU so that residential and businesses can be located in the area. Commissioner McNeill asked for clarification on Family Residential versus Mixed Use. He asked if MU meant there should be separate properties for residential and separate properties for businesses, or does MU mean there should be residential above and businesses below on the same property. Ms. Lopez said MU pertains to both. There could be residential and business on the same property or on separate properties. The point of zoning the area Mixed Use is to allow for a mix of uses in the same area. There is a symbiotic relationship between residential and commercial. The commercial is supported by the residential uses in close proximity and the residential relies on the commercial for services. Commissioner McNeill asked if a single-family residence was built in an MU area, can the resident complain if a business goes in next to it and has activity day and night, or produces traffic or noise. Ms. Lopez said the applicant should be aware the area has businesses and if he chooses to move in near noisy businesses, he needs to understand that they were there first. Commissioner McNeill said he was wondering about Community Development Director Mary Holton’s comment to the petition regarding noise. Ms. Lopez said noise levels are different depending on the zoning and in this case it would be limited because it is not an Industrial district. Zoning this property to a MU district can allow for it to change in the future because a residence can become a business or a business can become a residence. In an MU area a business has the right to conduct business next to a residence. The applicant should be made aware of that. Commissioner McNeill added that a nice home rather than a vacant lot might attract businesses to the area. He supported the applicant and feels the applicant needs to be aware of the potential of a business next to his residence. 10 Commissioner Unsicker added that the mixed use capabilities of the MRA District are crucial as we move forward, increasing density and adding addition commercial use is a long term goal we need to focus on, so I support the petition. Chair Polston supports the petition with the encouragement of higher density which is what we are hoping to get to in the Animas District 11 12 13 14 15 16 17 18 19 20 21 22 23  MINUTES PLANNING & ZONING COMMISSION April 26, 2018 The Planning and Zoning Commission met in a regular session on April 26, 2018 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. P&Z Members Present: Chair-Joyce Cardon Ryan Brown Shay Davis Clint Freeman Kristin Langenfeld Cheryl Ragsdale Paul Thompson Cody Waldroup P&Z Members Absent: Del Washburn Staff Present: Julie Baird Teri Clashin Mary Holton Helen Landaverde Cindy Lopez Toni Sitta Karen Walker Others Who Addressed the Commission: Steve Crawford Eulene Pruitt Jessica Stopani Rev. Eli Wyatt Call to Order Chair Joyce Cardon called the meeting to order at 3:00 p.m. There being a quorum present the following proceedings were duly had and taken. Presentation of the Agenda There were no changes to the agenda. Approval of the Minutes A motion was made by Commissioner Ragsdale and seconded by Commissioner Brown to approve the minutes of the March 15, 2018 P&Z Meeting. This motion was approved unanimously by an 8-0 vote. Swearing in of Witnesses All parties that wished to speak on behalf of agenda items SUP 18-24 or SUP 18-27 were sworn in by Karen Walker. CONSIDERATION & RECOMMENDATION ANX 18-21 – Pruitt Annexation Proposed Annexation and Zoning Assignment Planning & Zoning Commission Discussion of Petition ANX 18-21 on April 26, 2018 Community Development Director Mary Holton presented the staff report for ANX 18-21, a request from Margery Pruitt, Kevin Brent and Judith Pruitt, and Steven Gywn Pruitt, for the annexation of approximately 15 acres located in the unincorporated area of San Juan County on the southeast corner of Glade Road and 30th Street. The annexation was originally for 13.66 acres. 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. Therefore, the annexation will be approximately 15 acres. Ms. Holton presented several maps of the location in a PowerPoint presentation. The annexation will enable the owners to consolidate lots and subdivide the property as they have proposed in a summary plat petition 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. Ms. Holton noted the cost benefit analysis and the timeline for the annexation. The City’s Comprehensive Plan, adopted in 2002, identified this area for annexation. The Community Development Department recommends approval. Steve Crawford, 840 Santa Barbara Drive, stated the proposed annexation area is next to his property. Mr. Crawford was concerned how future development might affect his property. Cindy Lopez said the owners are not currently asking to develop the property. If the annexation is approved, the properties will be required to meet City codes for any type of development. Eulene Pruitt, 900 W. 30th Street, has property to the north of the proposed annexation. Ms. Pruitt stated that she is against the annexation because she feels it will affect her property. Planning & Zoning Commission Action of Petition ANX 18-21 on April 26, 2018 A motion was made by Commissioner Waldroup and seconded by Commissioner Ragsdale to approve Petition ANX 18-21, a request from Margery Pruitt, Kevin Brent and Judith Pruitt, and Steven Gywn Pruitt, for the annexation of approximately 15 acres located in the unincorporated area of San Juan County on the southeast corner of Glade Road and 30th Street. AYE: Chair Cardon, Commissioners Brown, Davis, Freeman, Langenfeld, Ragsdale, Thompson, and Waldroup. NAY: None Abstained: None Absent: Commissioner Washburn. Motion passed 8-0 CONSIDERATION & RECOMMENDATION SUP 18-24 Special Use Permit for a group care/transitional home Planning & Zoning Commission Discussion of Petition SUP 18-24 on April 26, 2018 Associate Planner Helen Landaverde presented the staff report for SUP 18-24, a request from Masada House, represented by Jessica Stopani, for a re-application for a Special Use Permit to operate a group care/transitional home for property located at 610 N. Dustin Avenue In 2010 Masada House was granted a Special Use Permit (SUP 10-16) for a period of five years. The applicant is requesting a Special Use Permit to continue the group care/transitional home in the SF-7, Single-family Residential District. Masada House currently provides care and housing for eight women recovering from alcohol and substance abuse. On January 12, 2011 the City of Farmington and Masada House entered into an agreement for Transitional Housing and Operation Services for a minimum of 10-years with the City which was provided by Community Development Block Grant funds for support. A default under this agreement states that Masada House would have to repay grant funds to the City in a prorated amount. This agreement expires in January 12, 2021. Clients at Masada House may stay for a maximum of two years, although the average length of stay is 115 days. Masada House meets Farmington’s parking requirements and has sufficient off-street parking. 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 years, averaging 4 complaints per year. Ms. Stopani stated that all but three incidents were unrelated to Masada House or their clients. All the incidents were reported to the police by Masada House and involved incidents in the neighborhood. The group care/transitional home is consistent with the City’s 2020 Future Land Use Plan. 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 proposed use facilitates the implementation of The Department of Housing and Urban Development’s (HUD) Fair Housing Act. Masada House meets the criteria for Section 8.9.4 of the UDC. This 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. The Community Development Department recommends approval of Petition SUP 18-24 with no additional special use permit renewals for a group care/transitional home. Commissioner Davis asked why the original SUP was limited to 5 years. Ms. Lopez said the approval of the original SUP happened in 2010 and would have expired in 2015, but was not noticed until recently. The original 5-year condition on the SUP could have been included due to possible controversy with having a group/transitional home in the neighborhood. Commissioner Langenfeld asked if the SUP stayed with the property if Masada House was no longer operating as a group home. Ms. Lopez said the SUP would stay with the property. Jessica Stopani, 1103 N. Allen, manages Masada House. Ms. Stopani gave positive statistics in regards to the women who have been helped at Masada House. She explained that Masada House is continuously staffed and all except three of the police reports involved incidents in the neighborhood and were not associated with Masada House. Commissioner Thompson asked what would happen to the SUP if another group home facility chose to use the property should Masada House ever decided not to continue and the new facility was not successful. Ms. Lopez said an SUP can be revoked by the City if regulations are not followed. Planning & Zoning Commission Action of Petition SUP 18-24 on April 26, 2018 A motion was made by Commissioner Davis and seconded by Commissioner Brown to approve Petition SUP 18-24, a request from Masada House, represented by Jessica Stopani, for a re- application for a Special Use Permit to operate a group care/transitional home with no additional special use permit renewals required, for property located at 610 N. Dustin Avenue. AYE: Chair Cardon, Commissioners Brown, Davis, Freeman, Langenfeld, Ragsdale, Thompson, and Waldroup. NAY: None Abstained: None Absent: Commissioner Washburn. Motion passed 8-0 CONSIDERATION & RECOMMENDATION SUP 18-27 Planning & Platting Jurisdiction Planning & Zoning Commission Discussion of Petition SUP 18-27 on April 26, 2018 Associate Planner Helen Landaverde presented the staff report for SUP 18-27, a request from Cross Roads Community Church, represented by Rev. Eli Wyatt, for a Special Use Permit to allow the expansion of a private school from K-6 to K-12 with a maximum capacity of 98 children, and to allow the expansion of a daycare from 19 children to a maximum of 107 children in the SF-7, Single-family Residential District, for property located at 2600 N. Sullivan Avenue. The existing school, Acts Christian Academy, is a legal nonconforming use. Any change or expansion of this use requires a new special use permit. 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. 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. The applicant is proposing to expand the existing child day care center to 107 children. Ms. Landaverde stated that according to the applicant’s representative, Rev. Eli Wyatt, Acts Christian Academy serves 86 children with four full-time teachers, one part-time teacher, and one principal. At present, Acts Christian Academy has six main classrooms for pre-K to 12th grade. Based on the information provided by the applicant, the private school currently occupies 4,095 square feet of existing space. The applicant is proposing to expand into an additional 4,173 square feet 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 square feet. The applicant proposes to add a library, workroom, supply room, office space, and a multipurpose area. 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 day care center has seven main classrooms for infants, toddlers, and children less than five years of age. The day care center currently serves up to 94 children with 10 employees, one director, and one administrative assistant. There is an outdoor play area on the rear side of the property measuring approximately 8,400 square feet. First Steps Day Care has an after school program. 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 classrooms, add office/storage space, and a multipurpose area. Off-street parking for the proposed expansion of the private school and day care center exceeds the minimum off-street parking requirements. The existing and proposed expansion of the private school and day care center are consistent with Farmington’s 2020 Future Land Use Plan. The Community Development Department recommends approval 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. Rev. Eli Wyatt, 105 Creekside Village Court, Aztec, stated Acts Christian Academy only has 45 children enrolled. The renovations are mostly for the daycare. The academy is separate from the daycare. Square footage is not being added. The current sanctuary and another area are being remodeled. Rev. Wyatt said he is working with the Fire Marshal and the Building Inspector to be sure all City code requirements are followed for the school and daycare. Planning & Zoning Commission Action of Petition SUP 18-27 on April 26, 2018 A motion was made by Commissioner Langenfeld and seconded by Commissioner Waldroup to approve Petition SUP 18-27, a request from Cross Roads Community Church, represented by Rev. Eli Wyatt, for a Special Use Permit to allow the expansion of a private school from K-6 to K- 12 with a maximum capacity of 98 children, and to allow the expansion of a daycare from 19 children to a maximum of 107 children in the SF-7, Single-family Residential District, for property located at 2600 N. Sullivan Avenue 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. AYE: Chair Cardon, Commissioners Brown, Davis, Freeman, Langenfeld, Ragsdale, Thompson, and Waldroup. NAY: None Abstained: None Absent: Commissioner Washburn. Motion passed 8-0 Business from the Floor: There was no business from the Floor. Business from the Chair: There was no business from the Chair. Business from the Members: Commissioner Thompson gave his letter of resignation. He said he was resigning due to a scheduling conflict. Business from Staff: There was no business from Staff. Adjournment: With no further business and a motion by Commissioner Waldroup and seconded by Commissioner Davis, the Planning and Zoning Commission meeting of April 26, 2018 was adjourned at 4:00 p.m. ____________________________ _____________________________ Joyce Cardon Karen Walker Chair Administrative Assistant