Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive October 11, 2018, at 3:00 p.m. Item Page 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the September 27, 2018 P&Z Meeting 61 4 Petition No. ZC 18-71 – a request from Bobby Smith (seller), represented by 1 Morey Havens (buyer), for (1) a zone change from CB, Central Business district to MU, Mixed Use district to allow for commercial and residential uses, and (2) a variance of 0 feet to the south side and rear yard setbacks on property located at 116 N. Auburn Avenue. (Helen Landaverde) 5 Petition No. ZC 18-70 – a request from Nathan Manning with Beehive Homes, 21 Southwest, represented by Dan Flack, DTF Engineering, for revisions to the Shea Heights Planned Development District to allow assisted living, independent living, and nursing home units in addition to the already-approved townhome lots within the 4.65-acre property located northeast of the intersection of E. Main Street/NM 516 and Mickey Drive. (Mary Holton) 6 Petition No. UDC 18-73 – Proposed Revision to UDC 8-9-2, Special Use Permits, 55 regarding transferability of ownership. (Mary Holton) 7 Business from: Floor: Chairman: Members: Staff: 8 Adjournment he recommendation of the Planning and Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, October 23, 2018. ATTENTION PERSONS WITH DISABILITIES: The meeting room and facilities are fully accessible to persons with mobility disabilities. If you plan to attend a meeting and need an auxiliary aid or service, please contact the City Clerk's office at 599-1101 or 599-1106, prior to the meeting so arrangements can be made. 1 The applicant, Bobby Smith, is in the process of selling the property to the representative Morey Havens (buyer). The purchase agreement is contingent on the approval of the requested zone change and variance. The surrounding properties are zoned as CB, Central Business and are in the northern portions of the Downtown Neighborhood of the Comprehensive Plan and the MRA Plan (see Figure 1). This area abuts the Civic Center Neighborhood and the bordering properties north of West Arrington Street are zoned as MU RPO, Mixed Use Residential Preservation Overlay. The neighboring properties beside the subject property to the south and east are residential. Household living is not allowed in the CB District, except within the upper stories; however, residential is permitted by right in the MU District. The properties to the north and west are commercial and there is a religious institution in this area. Religious Institutions are not permitted in the CB District, but they are permitted by right in the MU District. The existing land use of the surrounding properties is mostly mixed use even though the area is zoned as CB. Proposal The applicant is proposing a zone change from CB, Central Business District to the MU, Mixed Use District to allow for commercial uses such as catering services and/or office space on the existing building. Additionally, the applicant is proposing residential use(s) on the property and/or existing office building. Household living such as single-family dwellings, multi-section manufactured homes, duplex dwellings, and multifamily dwellings are permitted with an approved Special Use Permit in the CB, Central Business District. Upper-story residential is permitted by right in the CB District. A zone change to MU would allow household living on the property and could allow up to one (1) single-family unit (8,399.760 ft.² ÷ 6,000) or three (3) multifamily units (8,399.760 ft.² ÷ 2,500) on the subject property, if developed to the maximum allowed residential units and only for the use of household living. The property owner would have to provide sufficient parking for whichever household living is developed on the property and/or converted use of the existing structures (see Table 1). If the zone change is approved, the applicant also proposes to have catering services and/or offices on the subject property. A zone change to MU would require off-street parking for commercial and residential uses. For catering services, the applicant is proposing to have two (2) employees. This use would require 1.2 parking spaces. The minimum required off-street parking for offices is 5.6 parking spaces. The applicant is proposing shared parking with an adjoining use in order to meet the minimum required off-street parking for offices or catering services. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24  Petition Report ZC 18-70 Page 1 as an ideal place to retire, but there are relatively few housing units that meet the requirements for smaller housing options.” Additionally, Objective 7.1 states “Provide for a variety of housing options, including traditional subdivisions and mixed use developments, to accommodate housing needs of all residents in Farmington including the elderly, disabled, students, and low-income residents.” Objective 7.3 states “Ensure that there are quality residential areas in and around the community.” Economic Development Transformation Considerations It is noted that the City of Farmington has begun a process of transforming its economy from one primarily reliant on oil, gas, and coal extraction to one that is ideally more diverse based on outdoor recreation, tourism, becoming a retirement destination, manufacturing, education, and health services. This petition supports the City’s efforts. Staff Issues Derrick Childers, Building Inspections Division, Community Development Department • The proposed Nursing and Assisted living buildings are 5 feet from the property line. This will limit the windows in these walls to 25% of the wall space. Toni Sitta, Engineering Division, Public Works Department • I have no comments to add in regards to the zone change. • Construction plans will need to be submitted and approved by the City Engineer for the unimproved portions of the subdivision prior to construction of the improvements. Construction plans are required for streets, utilities and drainage within the subdivision. • All improvements must be constructed and approved prior to the issuance of any building permits within this subdivision. A Construction General Permit Notice of Intent shall be submitted to the EPA and a copy of the Stormwater Pollution Prevention Plan (SWPPP) submitted to the City Engineer for review prior to construction. Luwil Aligarbes, Farmington Electric Utility System • I just want to double check that the PUE (10'-Wide) is behind the sidewalk. Note: The utility easement is not part of the sidewalk. David Doudy, Fire Department • Additional fire hydrants • Knox over-ride switches on both gates • ALL buildings provided with fire suppression (Fire Sprinklers) 1. CONCLUSION Provisions in the City’s Comprehensive Plan support the request. The request also supports the City’s efforts to become a retirement destination. The proposal is compatible with the existing development within the PD and the surrounding area. Staff concludes that approval of ZC 18-70 is appropriate. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60  MINUTES PLANNING & ZONING COMMISSION September 27, 2018 The Planning and Zoning Commission met in a regular session on September 27, 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 Kristin Langenfeld Cheryl Ragsdale Mitchell Sewell Cody Waldroup P&Z Members Absent: Shay Davis Clint Freeman Staff Present: Teri Clashin Mary Holton Karen Walker Others Who Addressed the Commission: Hazel Darnell Heath Hartman Call to Order Chair Joyce Cardon called the meeting to order at 3:00 p.m. There being a quorum present the following proceedings were duly had and taken. Presentation of the Agenda There were no changes to the agenda. Approval of the Minutes A motion was made by Commissioner Waldroup and seconded by Commissioner Ragsdale to approve the minutes of the August 30, 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 18-64 Zone Change from IND to GC 630 W. Elm Street Planning & Zoning Commission Discussion of Petition ZC 18-64 on September 27, 2018 Associate Planner Teri Clashin presented the staff report for ZC 18-64, a request from Lonnie Darnell with Child Care Castle Preschool & Early Learning Center for a zone change from the IND, Industrial District to the GC, General Commercial District for future improvements to the property located at 630 W. Elm Street. The applicant would like to place a carport at a 0-foot east side yard setback to provide covered parking along the east property line at a later time. The size of the property is 1.533 acres. The property is in the Child Care Castle Subdivision and there is a day care center on the property. The applicant is proposing to place a carport in the enclosed parking lot in the southern area of the property and along the east property line at a 0-foot side yard setback. There is approximately 38 feet between the building and the wall to the east property line. The applicant is proposing a 10-foot tall 30’ x 45’ carport. A zone change to GC, General Commercial would allow for a carport at a 0-foot east side yard setback and for covered parking along the east property line. The required setbacks in the IND District are as follow: Front: 30’ Side: 5’ Street Side: 30’ Rear: 20’ The GC District does not have required setbacks for development and/or property improvements. The properties to the north are zoned as GC, General Commercial. The property to the west is zoned as MF-H, Multifamily High Density. The properties to east and south are zoned IND, Industrial. The property is in the Animas Neighborhood/Animas District of the Comprehensive Plan and the Metropolitan Redevelopment Plan (MRA) Plan. The Comprehensive Plan and the Metropolitan Redevelopment Plan (MRA) Plan recommend and encourage mixed-use development for the subject property in the Animas Neighborhood/Animas District. The required setbacks in the MU District are as follow: Front: 10’ Side: 5’ Street Side: 10’ Rear: 15’ The GC district is intended to accommodate commercial uses. The GC district is not a neighborhood-oriented district and is not generally appropriate for application within residential areas. It is intended to be used to accommodate existing commercial uses along thoroughfares. It may also be used to accommodate new development proposals. The properties to the north are zoned GC, but the current use is residential. The proposed zone change is not consistent with the Comprehensive Plan or the MRA Plan. Those plans call for the area to be MU, Mixed Use. The proposed zone change would be spot zoning and would not be consistent with the City’s vision for the Animas neighborhood or the Animas District. The Community Development Department recommends denial of Petition ZC 18-64, a request from Lonnie Darnell for zone change from the IND, Industrial District to GC, General Commercial District for property located at 630 West Elm Street. However, Staff recommends a zone change to MU, Mixed Use with a variance of 0 feet to the east side yard setback to allow for a carport and covered parking along the east property line at a later time. Building permits for the carport and/or improvements to the subject property are required. Chair Cardon asked if the petitioner felt MU was acceptable. Mary Holton said staff met with the petitioner after the Petition was presented to the MRA, Metropolitan Review Agency, at their September 18, 2018 meeting. MU is recommended for this area because of the MRA Plan. Uses allowed in MU were explained to the petitioner. The MRA concurred with staff’s recommendations. Hazel Darnell, 630 W. Elm, said her questions have been answered, and she was not opposed to the denial of GC and the recommendation of MU with a 0-foot east side yard setback. Planning & Zoning Commission Action of Petition ZC 18-64 on September 27, 2018 A motion was made by Commissioner Langenfeld and seconded by Commissioner Sewell to deny Petition ZC 18-64, a request from Lonnie Darnell with Child Care Castle Preschool & Early Learning Center for a zone change from the IND, Industrial District to the GC, General Commercial District and to approve staff’s recommendation for a zone change to MU, Mixed Use, with a 0-foot east side yard setback on the property line for property located at 630 W. Elm Street. AYE: Chair Cardon, Commissioners Brown, Freeman, Langenfeld, Ragsdale, and Waldroup. NAY: None Abstained: None Absent: Commissioners Davis and Freeman. Motion passed 6-0 CONSIDERATION & RECOMMENDATION SUP 18-65 Special Use Permit 1603 & 1605 E. 20th Street (The Browsery) Planning & Zoning Commission Discussion of Petition SUP 18-65 on September 27, 2018 Associate Planner Teri Clashin presented the staff report for SUP 18-65, a request from Donovan M. Heath, for a special use permit to allow for (1) the expansion of the existing use, a furniture store, (2) to permanently retain the use of a furniture store (The Browsery) at 1603 and 1605 E. 20th St., and (3) for outside sales and display at 1603 and 1605 E. 20th St. in the LNC, Local Neighborhood Commercial District. Furniture stores and outside sales and display are permitted in the LNC district only with an approved special use permit. The furniture store, The Browsery, has been in existence since 1985 at 1605 E. 20th St. and is considered to be a grandfathered use or a legal nonconforming use. An SUP for outside sales and display at 1605 E. 20th St. was approved by City Council on April 28, 1992. Petition 1143 allows for 200 ft.² of space for outside sales and display of furniture items. San Juan County Tax Assessor’s records show that 1603 E. 20th St. is owned by Raymond T. Hartman Trust and 1605 E. 20th St. is owned by the petitioner. Both parcels are located in a neighborhood shopping center. The applicant owns The Browsery furniture store at 1605 E. 20th St. and is currently leasing the space at 1603 E. 20th St. for one year in order to expand and increase his furniture store. Prior to notifying the City Clerk of the business expansion, the applicant signed a one-year lease for the space at 1603 E. 20th St. The Planning Division normally conducts the zoning compliance and approval process prior to the relocation and/or expansion of a business for business license registration purposes. During the zoning compliance and approval process, it was discovered that the existing furniture store is a legal nonconforming use and the expansion of a nonconforming use requires a special use permit. 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 applicant would like to increase the area of the nonconforming use, a furniture store, into the next building at 1603 E. 20th St. He intends to move furniture into the next building. He is also proposing outside sales and display at 1603 E. 20th St. and the continuation of the 200 ft.² outside sales and display at 1605 E. 20th St. The applicant is proposing 150 ft.² of space for outside sales and display of furniture items at 1603 E. 20th St. The proposed expansion and continuation of the existing furniture store and outside sales at 1603 E. 20th St.is compatible with the surrounding area and is in harmony with the area. The property to the north is zoned GC PD, General Commercial Planned Development, and the properties to the east and west are zoned LNC, Local Neighborhood Commercial. The properties to the south are zoned SF-7, Single-family Residential. The applicant will maintain the existing character of the building. If approved, the special use permit shall be subject to the UDC’s expiration of approval Section 8.9.4, “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.” The Community Development Department recommends approval of SUP 18-65, a request from Donavan M. Heath for a special use permit to allow for (1) the expansion of the existing use, a furniture store, (2) permanently retain the furniture store use at 1603 and 1605 E. 20th Street, and (3) allow for outside sales and display at both locations 1603 and 1605 E. 20th Street. Heath Hartman, 1603 E. 20th Street, is the executor of the trust for 1603 E. 20th Street. Mr. Hartman said 1603 is actually addressed as 1601 E. 20th Street, Suite A, B, and C in the trust. He said he leased the building to Mr. Heath 3 months ago and is in favor of the expansion of his business. Mr. Hartman asked if the other suites needed to have an SUP. It was explained to Mr. Hartman that the SUP was required due to the nature of Mr. Heath’s business, a furniture store. Other businesses may not require an SUP. Mary Holton asked Ms. Clashin to check the accuracy of the address on the other buildings. Planning & Zoning Commission Action of Petition SUP 18-65 on September 27, 2018 A motion was made by Commissioner Waldroup and seconded by Commissioner Ragsdale to approve Petition SUP 18-65, a request from Donovan M. Heath, for a special use permit to allow for (1) the expansion of the existing use, a furniture store, (2) to permanently retain the use of a furniture store (The Browsery) at 1603 and 1605 E. 20th Street, and (3) for outside sales and display at 1603 and 1605 E. 20th Street in the LNC, Local Neighborhood Commercial District. AYE: Chair Cardon, Commissioners Brown, Freeman, Langenfeld, Ragsdale, and Waldroup. NAY: None Abstained: None Absent: Commissioners Davis and Freeman. 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 said changes to the UDC concerning SUP’s will be brought before the Commissioners in October. Ms. Holton mentioned that ZC 18-55, a zone change from SF-7 to MF-M for property located on 1116 ½ Smith Lane, stayed on consent at the September 11, 2018 City Council meeting. Petition SUP 18-58, a special use permit to allow horses and mules on property located at 5301 Tampico Way, was taken off consent due to objections from a neighbor in regards to animals in that area. The petition was approved by City Council at the September 11, 2018 meeting. Adjournment: With no further business and a motion by Commissioner Sewell and seconded by Commissioner Waldroup, the Planning and Zoning Commission meeting of September 27, 2018 was adjourned at 3:35 p.m. ____________________________ _____________________________ Joyce Cardon Karen Walker Chair Administrative Assistant