Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive August 30, 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 August 16, 2018 P&Z Meeting 44 4 Petition No. ZC 18-55 – a request from Michael Smith for (1) a zone change from 1 SF-7 to MF-M, and (2) a variance to the required setbacks to come into compliance with the UDC for property located at 1116 ½ Smith Lane. (Helen Landaverde) 5 Petition No. SUP 18-58 – a request from Brad Pierro, for a Special Use Permit to 22 allow three horses in the RE-2 Residential Estate District at property located at 5301 Tampico Way. (Helen Landaverde) 6 Business from: Floor: Chairman: Members: Staff: 7 Adjournment The recommendation of the Planning and Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, September 11, 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21  COMMUNITY DEVELOPMENT STAFF REPORT Petition SUP 18-58 Horse and Mule Keeping at 5301 Tampico Way August 30, 2018 1. PROJECT INFORMATION Applicant Brad Pierro Representative Brad Pierro Date of Application July 31, 2018 A Special Use Permit for the keeping of two (2) mules and Requested Action one (1) horse That part of the S/2SW/4SE/4NW/4 of Section 18, Location Township 30 North, Range 12 West, N.M.P.M., in the City of Farmington, San Juan County, New Mexico. Existing Land Use Vacant Existing Zoning RE-2, Residential Estate District North: RE-2, Residential Estate District/ Residential Surrounding South: RE-2, Residential Estate District/ Residential Zoning and East: RE-2, Residential Estate District/ Residential Land Use West: RE-2, Residential Estate District/ Residential Notice Publication of Notice for this public hearing appeared in the Daily Times on Sunday, August 12, 2018. Adjoining property owners were sent notice by certified mail on Wednesday, August 8, 2018 and a sign was posted on Friday, August 17, 2018. Staff Planner Helen Landaverde, Associate Planner 2. STAFF ANALYSIS Project Description The petitioner is requesting a special use permit to allow the keeping of up to two (2) mules and one (1) horse on a 3.02 acres property located at 5301 Tampico Way. The petitioner is in the process of selling the subject property and the buyer, Rachel Seiferle, would like to keep the animals at this location. The keeping of horses (and other animals or fowl) is allowed in the RE-2 district with an approved special use permit. The subject property was created through deed in 1996 and was annexed into the City in 1996. The property is currently vacant and undeveloped. The intention is to build a house on the property and to be able to keep two (2) mules and one (1) horse on the site. 22  Petition Report– SUP 18-58 Page 2 Subdivision Standards Pursuant to UDC Section 6.3 Building Lots: “No electrical service and, where applicable, no permit for the construction of a building or buildings upon any lot, tract or parcel shall be issued until a building lot, tract or parcel has been created by compliance with one of the following conditions: A. Platted subdivisions B. Lots of record. The lot, tract or parcel faces upon a dedicated street and was a "lot of record" prior to the effective date of the original subdivision regulations [Ordinance Number 510, Adopted June 22, 1971] of the City of Farmington in which event, a building permit conforming to all the requirements of this UDC may be issued without first complying with subsection 6.3A., platted subdivisions (see also section 9.4, nonconforming lots of record).” Proposal The applicant is proposing to submit a summary plat application to come into compliance with the City of Farmington’s subdivision regulations and proposes to build a residence prior to building an accessory structure for the horses (see Site Plan). The applicant also proposes to install culvert(s) throughout the construction process as needed and in compliance with City standards. According to the applicant, development on the subject property will commence on September 15, 2018 and will be completed by May 15, 2019. The residence will be constructed 55 feet from the front (north) property line and 50 feet from the west side property line (see Site Plan and aerial of property). The shelter for the animals will be constructed approximately 60 feet from the west side property line and 20 feet from the rear (south) property line. However, the buyer, Rachel Seiferle (potential new property owner), has expressed that she would like to keep the shelter for the animals closer to the residence. The buyer, Ms. Seiferle, would like to relocate her two (2) mules and a horse at 5301 Tampico Way. Ms. Seiferle proposes the following manure/waste management plan: hand clean stables and utilize a tractor to remove the waste, which will be placed in a dumpster obtained by Waste Management and/or the waste will be removed from the site and taken to a waste management facility. Animal Control Pursuant to UDC Section 11.1, the minimum lot area per horse and/or mule is one (1) acre. Additionally, Section 2.4.7 D states: “Adequate fencing, screening or separation from adjoining premises shall be provided based upon the type, number and size of animals … for protection of the animals; … protection of the public; and for control of dust, noise, odors or similar nuisance factors.” 23  Petition Report– SUP 18-58 Page 3 Further, the use shall be maintained in compliance with Chapter 6, Animals, of the Farmington City Code. Section 6-1-5 of the Farmington City Code states that: “(a) No person who is the owner, tenant or person in possession and control of any stable, corral, lot, pasture, stall, shed, apartment, yard or premises in the city in which any animal, including …horses, is kept or maintained shall allow the accumulation of manure, water, moisture, animal droppings, or liquid discharges of such animal which create a stench or emit offensive odors or which are otherwise injurious to the public health and safety. (b) Stalls or stables, corrals, lots or pastures shall be kept sprayed with disinfectant to kill germs and to prevent the premises from becoming a breeding place for flies, mosquitoes or other insects.” The surrounding properties are zoned RE-2. In the past, the keeping of animals in this area has been permitted with an approved special use permit. Petition SUP 06-05 was approved by City Council on April 11, 2006, for the keeping of one horse at 8450 Hood Mesa Trail (see Figure 1 and attachment). Figure 1. Aerial view of subject property. Subject SUP 06- Property 05 If approved, the special use permit shall be subject to the UDC’s Expiration of approval. Unified Development Code Pursuant to the UDC 8.9.6(A) Expiration of approval. 24  Petition Report– SUP 18-58 Page 4 “A. Special use permits shall be valid for a period of 18 months from the date of approval. If construction or operation of the approved use has not commenced within this period, the special use permit shall expire.” 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: 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 surrounding properties are zoned RE-2 and the keeping of horses and mules is permitted with an approved special use permit. In the past, the keeping of animals, such as horses, has been permitted in the area with an approved special use permit. The keeping of horses and mules is compatible with this area and the request should not be detrimental to the surrounding properties. The size of the subject property is 3.02 acres and should be sufficient to handle and keep two (2) mules and one (1) horse. The buyer intends to clean up the waste and maintain the area clean. Drainage design and construction should be taken into consideration. Additionally, best management practices need to be implemented to minimize storm water contact with animal waste and prevent runoff of the waste or contaminated waters from leaving the 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. The applicant has submitted a site plan showing the proposed location of the residence and shelter for the horses. The applicant proposes to construct the residence 55 feet from the front (north) property line and 50 feet from the west side property line. The barn will be constructed approximately 60 feet from the west side property line and 20 feet from the rear (south) property line. However, the buyer has expressed that she would like to keep the shelter for the horses closer to the residence. The proposed keeping of two (2) mules and one (1) horse is compatible with the surrounding area and is in harmony with the character of the surrounding area. The surrounding properties are zoned the same, RE-2 District, and the keeping of horses and mules is allowed with the approval of a Special Use Permit in RE-2, Residential Estate District. 25  Petition Report– SUP 18-58 Page 5 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. There are no negative impacts concerning noise, glare fumes, dust, smoke, or vibration. The applicant and/or new property owner is required to mitigate any adverse impacts to the area. Improvements and/or development to the subject property will require building permits and will require all of the standards for keeping of animals to be complied with. 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 use will not have a negative impact on existing uses in the area and/or negative impacts on public infrastructure. 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, 2020 Future Land Use Plan, calls for this area to be Residential Single Family Low Density (greater than or equal to 1.0 acre lot). A Special Use Permit for the keeping of horses and mules in the RE-2, Residential Estate 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. According to UDC Section 11.1, a lot, which is 1.00 acre, is recommended to be adequate for one horse/mule. The petitioner requests to keep two (2) mules and one (1) horse on 3.02 acres of land. This area is consistent with the keeping of two (2) mules and one (1) horse. 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). 26  Petition Report– SUP 18-58 Page 6 CONCLUSION Staff concludes approval of Petition SUP 18-58 is appropriate with conditions. The property is 3.02 acres and is surrounded by other 2+ acre parcels of land. The applicant needs to mitigate the impact of the horse and mule keeping use by maintaining the shelter and removing waste. Additionally, drainage design and construction of the shelter for the animals should be taken into consideration. Best management practices need to be implemented to minimize storm water contact with animal waste and prevent runoff of the waste or contaminated waters from leaving the property. RECOMMENDATION The Community Development Department recommends approval of SUP 18-58, a request from Brad Pierro, for a special use permit to allow two (2) mules and one (1) horse at property located at 5301 Tampico Way in the RE-2, Residential Estate District and subject to the following conditions: 1. The applicant is to submit a summary plat application to come into compliance with the City of Farmington’s subdivision regulations. 2. The residence and the shelter for the animals must be constructed prior to the relocation/keeping of the animals. 3. Building permits for the development and/or improvements of subject property are required. 4. The number of horse and/or mule animal units kept on the subject property is limited to three (3). 5. The subject property shall not be subdivided to less than three (3) acres. 6. The SUP shall apply only to the new property owner, Rachel Seiferle, for property located at 5301 Tampico Way. 7. Pursuant to the UDC 8.9.6(A) Expiration of approval. “A. Special use permits shall be valid for a period of 18 months from the date of approval. If construction or operation of the approved use has not commenced within this period, the special use permit shall expire.” 8. The SUP is nontransferable and does not stay with the property (“run with the land”). 9. City Staff shall perform a yearly inspection to verify the site plan remains unchanged and in conformance with the UDC and the Municipal Code. 27  Petition Report– SUP 18-58 Page 7 28  Petition Report– SUP 18-58 Page 8 Photos of subject property (views from front property line) 29  Petition Report– SUP 18-58 Page 9 30  Petition Report– SUP 18-58 Page 10 31  Petition Report– SUP 18-58 Page 11 32  Petition Report– SUP 18-58 Page 12 33  Petition Report– SUP 18-58 Page 13 PLANNING MEMO COMMENTS SUMMARY SUP 18-58 5301 TAMPICO WAY Deadline: 8/10/18 City of Farmington Departments CD The UDC requires that the principal use (the home) be in place before any accessory use (keeping of horses) is established within a lot. If an SUP for the horses is granted prior to the construction of the home, it is recommended that a condition regarding a time limit for the home to be built and retaining the SUP be considered. Director – M. Holton A proposed site plan that includes all proposed buildings and structures, including the future home, as well as exercise areas and stalls or a barn for the horses, with expected time-frames, must be submitted no later than 10 days before the Planning & Zoning Commission Meeting so that staff can include it in their review in the staff memo that is due the week before the meeting. CD Addressing – Planning Division A building permit will be required for any fences CD Chief Building Official – D. Childers and shelters. CD Long Range Planner CD MPO – D. Garcia CD Oil & Gas Inspector – L. Simms CITY City Manager’s Office – J. Baird No comment ELEC Customer Care Manager – L. Richardson ELEC Electrical Engineering – L Aligarbes 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 The only issue we can see in the future is the POLICE possible smell of the horse manure becoming a Code Compliance – M. Romero nuisance to surrounding residences. This horse area will have to be well maintained to prevent this violation. POLICE Sergeant – P. Flores PRCA C. Styron PW City Engineer – N. Westerling PW - FYI: City Code (Chapter 6, Animals) and the Federal Clean Water Act prohibit disposal of animal waste into natural Engineering – T. Sitta drainage channels to include arroyos, drainage ditches, surface waters, storm drains, etc. Failure to keep the property 34  Petition Report– SUP 18-58 Page 14 clean of animal waste/debris could result in a violation of City Code and the Federal Clean Water Act. - FYI: A building permit is required for all proposed structures or fencing to be placed on the property. Natural drainage channels cannot be blocked by fences. Natural drainage must be allowed to pass through the property. PW Streets Superintendent PW Traffic Engineer – C. Trask PW Water/Waste Water – M. Tso 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 35  Petition Report– SUP 18-58 Page 15 36  Petition Report– SUP 18-58 Page 16 37 38 Petition Report– SUP 18-58 Page 17 39  Petition Report– SUP 18-58 Page 18 40  Petition Report– SUP 18-58 Page 19 41  Petition Report– SUP 18-58 Page 20 42  Petition Report– SUP 18-58 Page 21 43  MINUTES PLANNING & ZONING COMMISSION August 16, 2018 The Planning and Zoning Commission met in a regular session on August 16, 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 Clint Freeman Kristin Langenfeld Cheryl Ragsdale Mitchell Sewell P&Z Members Absent: Ryan Brown Cody Waldroup Staff Present: Helen Landaverde Cindy Lopez Toni Sitta Karen Walker Others Who Addressed the Commission: Craig Stoabs Call to Order Chair Joyce Cardon called the meeting to order at 3:03 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 Davis to approve the minutes of the June 28, 2018 P&Z Meeting. This 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 PFP 18-52 Preliminary Plan and Final Plat for Windsor Heights Subdivision No. 5 Planning & Zoning Commission Discussion of Petition PFP 18-52 on August 16, 2018 Planning Manager Cindy Lopez presented the staff report for PFP 18-52, a request from Craig Stoabs of Silver Ridge Development, represented by Cheney-Walters-Echols, Inc., for a preliminary/final plat for Windsor Heights Subdivision No. 5, a 13-lot subdivision within 6.33 acres of land. The property is located north of Majesta Street and east of Camaron Avenue. A final plat for the Windsor Heights Subdivision No. 5 was approved by City Council of February 26, 2008 (FP 08-01). A final plat expires if it is not recorded within three years unless an extension is requested and granted. An extension was granted on February 11, 2011 expiring on February 26, 2013 and again on January 23, 2013 expiring on February 26, 2015. No further extensions have been granted and the final plat for Windsor Heights Subdivision No. 5 has expired. The original final plat for Windsor Heights Subdivision No. 5 allowed the following variances: a. To allow a maximum 9% grade on Cyrena Circle. b. To allow Cyrena Circle a 24-foot-wide face of curb to face of curb street section with no on street parking, except in designated parking areas. c. To allow the 18 inch above gutter requirement for the finished floor be waived and substituted with a 10-foot drainage easement designed to the satisfaction of the City Engineer, and the following conditions: a. The approval shall be subject to any technical corrective changes, or easements required by the Community Development Department. b. The developer will pay $12,500.00 dollars towards the cost of the (PRV) pressure reducing valve installed at Messina and Camaron. c. Construction drawings for the “eyebrow” that will replace the Cyrena Ct. cul-de-sac will be submitted to the City Engineer for review and approval. d. The petitioner shall construct, bond, provide a letter of credit or enter into a subdivision agreement to secure the public improvements prior to the recording of the final plat. e. Construction drawings shall be reviewed and approved by the city engineer prior to the submittal of any final plat for recording. f. No parking on streets unless a parking turnout is provided. Ms. Lopez said the construction drawings for the eyebrow design have been submitted to Public Works. The drawings are substantially complete and require minor corrections. The final plan shows a 10-foot drainage easement along the back of Lots 1 & 2 of Block 1 and along the front of Lots 3-7 in Block 1. A drainage easement also runs from the back of Lots 1-8 Block 1 to the front of the lots along the side property lines. Public Works was working with the developer on determining the need for a Geotechnical Report regarding the assumed clay on the site. It was determined that the Geotechnical Report was not necessary. On July 3, 2008 the City of Farmington negotiated with Craig Stoabs for an exchange of property in lieu of paying the $12,500 cost for the PRV, Pressure Reducing Valve, at Camaron and Messina. The Outlot 1 Block 1 of the Wilshire Estates #6 Phase 3A Subdivision recorded on July 9, 2008 is dedicated to the City of Farmington per the negotiated agreement of July 3, 2008. The Community Development Department recommends approval of Petition PFP 18-52 with the following variances: a. To allow a maximum 9% grade on Cyrena Circle. b. To allow Cyrena Circle a 24-foot-wide face of curb to face of curb street section with no on street parking, except in designated parking areas. c. To allow the 18 inch above gutter requirement for the finished floor be waived and substituted with a 10-foot drainage easement designed to the satisfaction of the City Engineer, and the following conditions: a. The approval shall be subject to any technical corrective changes, or easements required by the Community Development Department. b. Construction drawings are submitted but require approval by the city engineer prior to the submittal of any final plat for recording. c. No parking on streets unless a parking turnout is provided. d. If required by the City Engineer a Geotechnical Report will be submitted to the City, prior to the issuance of any building permits. Craig Stoabs, 4800 College Blvd., stated the economy was not doing very well back in 2008 to proceed with the subdivision. He said he agrees with conditions ‘a-c’ and asked that condition ‘d’ be removed as it has been determined that a Geotechnical Report will not be necessary. City Engineer Toni Sitta confirmed that a Geotechnical Report was not needed. Planning & Zoning Commission Action of Petition PFP 18-52 on August 16, 2018 A motion was made by Commissioner Freeman and seconded by Commissioner Ragsdale to approve Petition PFP 18-52, a request Craig Stoabs of Silver Ridge Development, represented by Cheney-Walters- Echols, Inc., for a preliminary/final plat for Windsor Heights Subdivision No. 5, a 13-lot subdivision within 6.33 acres of land for property located north of Majesta Street and east of Camaron Avenue with the following variances: a. To allow a maximum 9% grade on Cyrena Circle. b. To allow Cyrena Circle a 24-foot-wide face of curb to face of curb street section with no on street parking, except in designated parking areas. c. To allow the 18 inch above gutter requirement for the finished floor be waived and substituted with a 10-foot drainage easement designed to the satisfaction of the City Engineer, and the following conditions: a. The approval shall be subject to any technical corrective changes, or easements required by the Community Development Department. b. Construction drawings are submitted but require approval by the city engineer prior to the submittal of any final plat for recording. c. No parking on streets unless a parking turnout is provided. AYE: Chair Cardon, Commissioners Davis, Freeman, Langenfeld, and Ragsdale. NAY: None Abstained: None Absent: Commissioners Brown, Freeman, and Waldroup. Motion passed 6-0 Business from the Floor: There was no business from the Floor. Business from the Chair: Chair Cardon congratulated Cindy Lopez on her upcoming retirement. The P&Z Commissioners gave Ms. Lopez a standing ovation for her contributions to the City. Ms. Lopez expressed gratitude with the support that has been provided by the Commissioners. Business from the Members: There was no business from the Members Business from Staff: There was no business from Staff. Adjournment: With no further business and a motion by Commissioner Langenfeld and seconded by Commissioner Sewell, the Planning and Zoning Commission meeting of June 28, 2018 was adjourned at 3:14 p.m. ____________________________ _____________________________ Joyce Cardon Karen Walker Chair Administrative Assistant