Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive September 27, 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 30, 2018 P&Z Meeting 43 4 Petition No. ZC 18-64 – a request from Lonnie Darnell with Child Care Castle 1 Preschool & Early Learning Center for a zone change from the IND, Industrial District to the GC, General Commercial District with a variance for a 0’ east side yard setback for property located at 630 W. Elm Street. (Teri Clashin) 5 Petition No. SUP 18-65 – a request from Donovan M. Heath, for a special use 22 permit to allow (1) the expansion of the existing use, a furniture store, (2) to permanently retain the use of a furniture store (The Browsery) and (3) for outside sales and display at 1603 and 1605 E. 20th Street in the LNC, Local Neighborhood Commercial District. (Teri Clashin) 6 Business from: Floor: Chairman: Members: Staff: 7 Adjournment he recommendation of the Planning and Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, October 9, 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 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42  MINUTES PLANNING & ZONING COMMISSION August 30, 2018 The Planning and Zoning Commission met in a regular session on August 30, 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 Cheryl Ragsdale Mitchell Sewell Cody Waldroup P&Z Members Absent: Clint Freeman Kristin Langenfeld Staff Present: Mary Holton Helen Landaverde Toni Sitta Karen Walker Others Who Addressed the Commission: Mike Mordecki Brad Pierro Rachel Seiferle Mike Smith Alvin Vigil 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 Waldroup to approve the minutes of the August 16, 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 ZC 18-55 Zone Change from SF-7 to MF-M 1116 ½ Smith Lane Planning & Zoning Commission Discussion of Petition ZC 18-55 on August 30, 2018 Associate Planner Helen Landaverde presented the staff report for ZC 18-55, a request from Michael Smith for (1) a zone change from 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. The petitioner is proposing the zone change and variance to come into compliance with the City’s density and dimensional standards and for future development purposes and improvements to the property. San Juan County Tax Assessor’s records show that the size of the property is 0.337 acres. The property is a flag lot and has a Special Mobile Home Area Overlay (SMHAO). The property was annexed into the City in 1954 and has not been platted; therefore, the structures on the property are considered to be legal nonconforming. According to the applicant, there are two structures on the flag lot that are currently used as residential; a mobile home and a 1,620 sq. ft. building that is being utilized as an apartment on the property. Multi-family dwellings are not permitted in the SF-7 District. Currently, the existing structures do not meet the required setbacks in the SF-7 District. The mobile home sits approximately two feet from the property line. The apartment also does not meet the SF-7 District or the MF-M District setbacks for the front, interior side, and rear yard setbacks. The apartment sits at 20.5 feet from the front yard setback, four feet from the south side property line, and 21 feet from the rear (east) property line. The applicant is proposing to rezone the subject property to MF-M, Multi-family Medium Density with a Special Mobile Home Area overlay (SMHAO) to address the existing nonconformity status. The applicant currently manages and rents out the two existing dwelling units. A zone change to MF-M could allow up to eight units on the property. If this property was developed to the maximum allowed residential units, the property would also have to provide sufficient parking at 1.5 parking spaces for each efficiency or one bedroom, 1.75 parking spaces for each two bedroom and 2.0 parking spaces for each 3 bedroom or larger apartments. The residential uses in the MF-M District could be a single-family home, townhouses or apartments. The 2020 Future Land Use Plan indicates that this area is between Commercial and Residential Single Family Urban recommended uses. The property to the north is zoned MF-M, Multi-family Medium Density and the property to the south is zoned GC, General Commercial. The properties to the east and west are zoned SF-7, Single-Family Residential and have a Special Mobile Home Area overlay (SMHAO). The proposed zone change would allow for development compatible with the current land uses and character of the area. The existing land use in this area and along Smith Lane is moderately multifamily even though it is zoned as SF-7. The Community Development Department recommends approval of Petition ZC 18-55, Michael L. Smith for (1) zone change from the SF-7, Single-Family Residential to MF-M, Multi-family Medium Density District with (2) a variance to the required setbacks to come into compliance with the UDC (for future development purposes) for property located at 1116 ½ Smith Lane and subject to the following condition(s): • The property will remain in the Special Mobile Home Area overlay (SMHAO). • The proposed variance to the setbacks would only pertain to the existing structures at 1116 ½ Smith Lane and to the current property lines. • Submittal of a summary plat is required for the setback variances for future development and/or improvements to the property. o Flagpole area: south property line (interior side yard) - a two (2) foot setback o front yard setback - a 20.5-foot setback o south property line (interior side yard) - four (4) foot setback o west (rear) property line - 21-foot setback Chair Cardon asked if the variance conditions will change if the current structures are replaced. Ms. Landaverde said the variance would include any new structures, but a summary plat would need to be submitted to show the variance was granted. Commissioner Waldroup questioned the contradiction to the condition that “The proposed variance to the setbacks would only pertain to the existing structures at 1116 ½ Smith Lane and to the current property lines”. Chair Cardon asked if the current structures were destroyed, will the ‘grandfathering’ condition become void? Ms. Landaverde said that any further improvements would only pertain to the existing structures. Any other improvements would require a summary plat for the variance conditions to remain. Mary Holton, Community Development Director, said that variances run with the land. The variance is based on the existing structures to make them legal rather than legal nonconforming. The petitioner would like to make improvements. The setbacks stated for the variance would be the required setbacks for any future developments and for the existing buildings. Ms. Holton said there are several lots in this neighborhood that have legal nonconforming status. The UDC (Unified Development Code) is not a ‘one size fits all’, and this petition is an example of the UDC being applied on a site specific basis. Commissioner Davis asked why the petitioner had originally asked for the zone change. Ms. Landaverde said the petitioner had asked for a building permit for a carport and it was discovered during the permitting process that there were two residences on the property in a single family zoning district. The Commissioners discussed a possible driveway easement on the property and possible parking issues if there were the maximum eight units built on the property. Ms. Landaverde said the petitioner would need to show the driveway on a summary plat. Commissioner Waldroup said he did not think eight units would fit on the lot. Mike Smith, 102 E. Nambe, said he did not plan to expand to eight units on the property. He said he did not know that the property was not zoned properly when he came in for the building permit for a carport for one of the residences. Mr. Smith said the home to the back of the property is a two-bedroom house that fronts on Smith Lane. Both units have their own private back yards. He said he is just trying to improve the property for the people who live there. Mr. Smith noted that he could have put up the carport without a building permit and no one would have probably noticed, but he was trying to do it the correct way. Alvin Vigil, 1209 Utton Lane, questioned Mr. Smith on what he planned to build. Mr. Vigil remarked that he would not like to see apartments built on the property. Commissioner Waldroup asked if the carport would be allowed with the zone change. Ms. Holton said Mr. Smith would have to have a summary plat in order to obtain a building permit to build the carport. The variances would be noted on the summary plat and would protect the current owner and any future owners. Mr. Smith asked to clarify that he would need a summary plat to get the building permit to build the carport. Mr. Smith said he was never made aware of the requirement for a summary plat until now. Ms. Holton confirmed that he would need a summary plat due to the variances. Ms. Landaverde said the variances were necessary for the setbacks to the carport. Mr. Smith said that was never explained to him. He said a summary plat would require the expense of a surveyor and would be very costly. Mr. Smith said he was told at the Developmental Review Committee (DRC) meeting that he needed a zone change to build the carport and a summary plat would be needed only if he intended to add units to the property. He said he should have been made aware of the summary plat requirement before he filed for this petition. Mr. Smith was upset that he will now have to spend thousands of dollars to put up a $1,300 carport to comply with City requirements, and was disappointed that he was just now finding this out. Ms. Holton apologized and said she had just become involved in this petition a week ago. She said she would be glad to meet with Mr. Smith after the meeting to discuss the issue. Mr. Smith was upset that a summary plat would take several months to process and he wanted to have the carport built in September. The fact that he had already invested quite a bit of money in the zone change petition and now would be required to invest more money for a summary plat before he could put up a $1,300 carport did not make sense, said Mr. Smith. Commissioner Waldroup asked why a summary plat was required for a temporary structure. Ms. Holton said the summary plat was required due to the conditions of the variance. She said the Commissioners could decide if they wanted to retain the conditions that staff recommended. Commissioner Waldroup asked why the petitioner was required to have a zone change for an accessory structure. He felt the two residences should be grandfathered into the area regardless of the zoning. Mr. Waldroup said this was only an accessory structure that was not even a permanent structure, and he did not understand the need for a zone change. Ms. Holton said a variance would still be required for the carport due to the setbacks. Ms. Landaverde confirmed this. Ms. Holton mentioned that Mr. Smith could withdraw his petition. Mr. Smith said he would have done it differently if he had known all of the requirements. He said the DRC did not say he needed the summary plat unless he added density. Ms. Holton said the summary plat would document the variances if the property was ever sold. She said the subdivision ordinance requires the summary plat, but the Commissioners are allowed to make their own conditions and recommendations. Commissioner Davis asked what the purpose would be for the summary plat. Ms. Holton said the summary plat would document the variance if the property was sold. Mr. Smith asked if the variances could be documented in a different form such as the Planning & Zoning recommendations or the City Council minutes. Ms. Holton said Planning & Zoning can only make recommendations to City Council, but City Council approval can serve as documentation. The Commissioners discussed various recommendations. Ms. Holton suggested approving the variance conditions for the carport and require a summary plat if there was any future development on the property. Mr. Smith acknowledged that we would agree with that recommendation and said that was consistent with what he was told at the DRC meeting. The Commissioners decided to eliminate the following conditions: • The proposed variance to the setbacks would only pertain to the existing structures at 1116 ½ Smith Lane and to the current property lines. • Submittal of a summary plat is required for the setback variances for future development and/or improvements to the property. An alternate recommendation was added. Planning & Zoning Commission Action of Petition ZC 18-55 on August 30, 2018 A motion was made by Commissioner Davis and seconded by Commissioner Waldroup to approve Petition ZC 18-55, a request from Michael Smith for (1) a zone change from 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 subject to the following conditions: • The property will remain in the Special Mobile Home Area overlay (SMHAO). • After the 2-car carport is built, any future development to the property will require a summary plat. o Flagpole area: south property line (interior side yard) - a two (2) foot setback o front yard setback - a 20.5-foot setback o south property line (interior side yard) - four (4) foot setback o west (rear) property line - 21-foot setback AYE: Chair Cardon, Commissioners Brown, Davis, Freeman, Ragsdale, and Waldroup. NAY: None Abstained: None Absent: Commissioners Freeman and Langenfeld. Motion passed 6-0 CONSIDERATION & RECOMMENDATION SUP 18-58 Special Use Permit to allow up to 3 horses/mules 5301 Tampico Way Planning & Zoning Commission Discussion of Petition SUP 18-58 on August 30, 2018 Associate Planner Helen Landaverde presented the staff report for SUP 18-58, a request from Brad Pierro, for a Special Use Permit to allow two mules and one horse in the RE-2 Residential Estate District at property located at 5301 Tampico Way. The petitioner is requesting a special use permit to allow the keeping of up to two mules and one horse on 3.02 acres. The petitioner is in the process of selling the property and the buyer, Rachel Seiferle, would like to keep the animals at this location. The keeping of horses is allowed in the RE-2 district with a special use permit. The property was created through deed and annexed into the City in 1996. It is currently vacant and undeveloped. The intention is to build a house and an accessory structure on the property. The applicant is proposing a summary plat application to come into compliance with subdivision regulations and proposes to develop the site prior to having the animals on the property. Construction will begin in September and hopefully be finished in May of 2019. The applicant also proposes to install culvert(s) throughout the construction process as needed and in compliance with City standards. The residence will be constructed 55 feet from the front (north) property line and 50 feet from the west side property line. 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 potential owner of the property, Rachel Seiferle, has expressed that she would like to keep the shelter for the animals closer to the residence. 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. 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. If approved, the special use permit shall be subject to the UDC’s Expiration of approval where Pursuant to the UDC 8.9.6(A), “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.” Also, Pursuant to the UDC 9.2.2, “(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.” SUP 18-58 meets the Special Use criteria listed in section 8.9.4 of the UDC. The Community Development Department recommends approval of SUP 18-58, a request from Brad Pierro, for a special use permit to allow two mules and one 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 for the keeping of the animals. 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. Chair Cardon asked who was applying for the SUP. Ms. Landaverde said the owner of the property, Brad Pierro was applying for the SUP and Rachel Seiferle would be buying the property if the SUP is granted. Ms. Cardon asked what would happen if Ms. Seiferle chooses not to buy the property. Ms. Landaverde said the SUP would not be valid if that happened. Brad Pierro, #30 Road 6669, said he owns the property and has a contract with Ms. Seiferle to build the house and other buildings contingent on the approval of the SUP. He said he would like to start building as soon as possible and Cheney-Walters-Echols was working on the summary plat. Mr. Pierro said he is aware of the drainage issue on the property and will not be blocking it in any way. Rachel Seiferle, 23 Road 6541, said she is aware of the drainage issue. She asked if it was possible to have the SUP transfer to a new owner if she sold the property. She said she will be spending a lot of money building facilities to accommodate animals and would like for the SUP to be transferable for future selling purposes. Chair Cardon said the SUP is usually not transferable when it pertains to animals, but will take the request into consideration. Commissioner Ragsdale said she was confused on the transferability of the SUP in regards to Mr. Pierro and Ms. Seiferle. Ms. Landaverde explained that under condition #6, “The SUP shall apply only to the new property owner, Rachel Seiferle”, means that the SUP will be given to Mr. Pierro as the property owner, but it will transferable only to Ms. Seiferle when she purchases the property from Mr. Pierro. Commissioner Waldroup asked if there were any setbacks required between the barn and the house. Ms. Landaverde said the UDC does not have any separation of property lines for animals. Neither does the Municipal Code, said Ms. Landaverde. The code only says the property used by the animals will need to be kept clean. There are setbacks to the placement of the structures but not to the placement of the structures from the house in regards to animal use. Commissioner Waldroup was confused on condition #7, “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.” Ms. Holton said the 18 months pertains to the amount of time animals must be located on the property after the SUP is granted. She said the animals could not be located on the property until a Certificate of Occupancy was given for the structures. Ms. Seiferle asked if she could have animals on the property prior to building the structures. Ms. Holton said that would have to be specified as part of the recommendation by the Commissioners. Commissioner Davis asked if the SUP expired in 5 years. Ms. Landaverde said 5 years is the maximum recommendation, but she was not recommending that as a condition of the SUP. Ms. Holton said the department policy is to not recommend limitations of SUP’s. Commissioner Davis commented that limitations for staff have only been done in the past if there are concerns by neighbors. Ms. Holton said SUP’s do not run with the land where animals are concerned and it is recommended that any future owners of the property come in for an SUP if they want animals. Mike Mordecki, 1403 N. Carlton, owns the property to the west and said he is concerned about devaluation of his land if the subject property has animals. He said he is also concerned about the drainage and runoff from animal waste. Chair Cardon said the drainage will be addressed by city engineers during the building permit process. Violation of the drainage will be a Code Compliance issue. Ms. Cardon said Mr. Mordecki’s concerns will be noted in the minutes. This particular area has been prominent for animals, she said. Commissioner Davis mentioned that any SUP can be revoked if the conditions are not being followed. Toni Sitta, 800 Municipal Drive, City Engineer, stated that there is runoff through the property and it is a natural drainage that runs into the property to the west. The Federal Clean Water Act prohibits disposal of waste into waterways. Best management practices will need to be followed to minimize the impacts of runoff. Placement of the structures will be determined during the building permit phase. Blockage of the drainage will not be allowed. Ms. Seiferle stated that she understands her neighbors concerns and plans to keep the wash open. The pens will be cleaned daily and the flies will be addressed so they do not become a nuisance. Commissioner Davis asked if there were any other properties in the area with horses. Ms. Landaverde said she did not know of any other properties that currently had horses with an SUP other than SUP 06-05 for 8450 Hood Mesa Trail, and she did not know if they still had a horse. Planning & Zoning Commission Action of Petition SUP 18-58 on August 30, 2018 A motion was made by Commissioner Waldroup and seconded by Commissioner Davis to approve Petition SUP 18-58, a request from Brad Pierro, for a Special Use Permit to allow three horses in the RE-2 Residential Estate District at property located at 5301 Tampico Way 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. AYE: Chair Cardon, Commissioners Brown, Davis, Freeman, Ragsdale, and Waldroup. NAY: None Abstained: None Absent: Commissioners Freeman and Langenfeld. 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: Ms. Holton stated that Petition PFP 18-52 for Windsor Heights will go before City Council on September 11, 2018. Adjournment: With no further business and a motion by Commissioner Brown and seconded by Commissioner Waldroup, the Planning and Zoning Commission meeting of August 30, 2018 was adjourned at 4:25 p.m. ____________________________ _____________________________ Joyce Cardon Karen Walker Chair Administrative Assistant