Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive November 15, 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 October 11, 2018 P&Z Meeting 71 4 Discussion and Approval to cancel the December 27, 2018 P&Z meeting 5 Community Transformation/ORII Presentation – Cory Styron 6 Petition No. ZC 18-78 – a request from AAA, LLC., represented by Nicole Barnett, is 1 requesting (1) a zone change from GC, General Commercial to IND, Industrial, and (2) for a variance to the side yard and rear yard setbacks, on property located at 1630 W. Murray Drive. (Helen Landaverde) 7 Petition No. ZC 18-80 – a request from Tennille Taylor for a zone change from LNC, 16 Local Neighborhood Commercial to MU RPO, Mixed-Use Residential Preservation Overlay, to allow for residential uses for property located at 506 W. Arrington. (Helen Landaverde) 8 Petition No. ZC 18-81 – a request from Steven Gabaldon Trust, represented by 34 Cheney-Walters-Echols, Inc., to rezone 3.34 acres located northeast of the intersection of 20th Street and N. Dustin Avenue from LNC, Local Neighborhood Commercial to PD, Planned Development, to allow for flexibility to height and area regulations and allow for a mix of commercial and residential uses. (Mary Holton) 9 Business from: Floor: Chairman: Members: Staff: 10 Adjournment he recommendation of the Planning and Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, November 27, 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 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70  MINUTES PLANNING & ZONING COMMISSION October 11, 2018 The Planning and Zoning Commission met in a regular session on October 11, 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 P&Z Members Absent: Mitch Sewell Cody Waldroup Staff Present: Teri Clashin Mary Holton Helen Landaverde Sherry Roach Toni Sitta Karen Walker Others Who Addressed the Commission: Dan Flack Morey Havens Georgia Hewitt Jay Manning Jon Moore 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 Davis to approve the minutes of the September 27, 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 18-71 Zone Change from CB to MU and a variance of 0 feet to the south side and rear yard setbacks 116 N. Auburn Ave. Planning & Zoning Commission Discussion of Petition ZC 18-71 on October 11, 2018 Associate Planner Helen Landaverde presented the staff report for ZC 18-71, a request from Bobby Smith (seller), represented by 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 foot to the south side and rear yard setbacks on property located at 116 N. Auburn Avenue. 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. San Juan County Tax Assessor’s records show that the size of the property is 0.16 acres. There is an office building on the property, previously Something Special Bakery & Tea Room, and a detached building on the east side of the property. The representative is proposing commercial uses such as catering services and/or office space in the existing building. Additionally, the representative is proposing residential uses on the property. Upper story residential is permitted by right in CB; however, single-family dwellings, multi-family dwellings, manufactured homes, and duplex dwellings are only permitted with an approved Special Use Permit in the CB district. A zone change to MU would allow household living on the property; however, the property owner would have to provide sufficient parking if household living is developed. A zone change to MU would require off-street parking for commercial uses. For catering services, the representative is proposing to have two employees. This use would require 1.2 parking spaces. The minimum required off-street parking for offices is 5.6 parking spaces. The representative is proposing shared parking with First Baptist Church in order to meet the minimum required off-street parking for offices or catering services. Mr. Havens has submitted a shared parking agreement. The applicant is requesting a variance of 0 feet to the south side and rear yard setbacks. Currently, the existing structures on the subject property do not meet the MU density and dimensional standards. There are no setback requirements in the CB District, thus the existing structures are within close proximity to or on the south side property line and rear property line. 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. This area abuts the Civic Center neighborhood. The MRA Plan recommends MU for the Civic Center neighborhood. The existing land use of the surrounding properties is mostly MU even though they are zoned CB. There is a church in this area. Churches are not permitted in CB by right; however, they are permitted in MU. The neighboring properties to the south and east are residential. The proposed zone change is consistent with the Farmington Comprehensive Plan and MRA Plan. The 2020 Future Land Use Plan recommends commercial; however, the Comprehensive Plan and the Metropolitan Redevelopment Plan also “recommends broadening the allowable residential uses in downtown beyond second story residential” for properties in the Downtown Neighborhood. The proposed zone change supports goals and objectives in the Comprehensive Plan for land use and development and housing. Concerning off-street parking requirements, the Comprehensive Plan and the Unified Development Code allows for flexibility and encourages shared parking for properties located nearby or in the Downtown area. Also, the MRA Plan recommends reducing off-street parking requirements as an incentive for offices in the downtown area. Staff concludes that approval of ZC 18-71 to MU, Mixed Use district is appropriate. The Community Development Department recommends approval of to allow for (1) a zone change from the CB, Central Business District to the MU, Mixed Use District for commercial and residential uses and (2) variance of 0 feet to the south side and rear yard setbacks for the existing structures for property located at 116 N. Auburn Avenue in the Locke’s Addition Subdivision and subject to the following condition:  • Any future demolition and redevelopment to the subject property will need to come into compliance with the setback requirements of five feet for the south side yard setback and 15 feet for the rear yard setback. The petition will be presented to the Metropolitan Redevelopment Agency, MRA, on October 23, 2018. A staff report has been submitted to the MRA to review. Commissioner Langenfeld asked if the surrounding properties, such as the church and the residential properties, were legal non-conforming since they are in the CB district. Ms. Landaverde stated that they appeared to be legal non-conforming. Commissioner Freeman wanted to disclose that he owns a business in the area, but it is not within 100 feet and he did not receive a property owner letter. He asked if it was appropriate for him to vote in this matter. The other Commissioners said they had no issue with Commissioner Freeman participating. Morey Havens, 207 RD 3950, said he attended the Developmental Review Committee meeting, DRC, and did not have any issues with the Staff Report. Mr. Havens said he is the owner of Boon’s Family Thai BBQ. He would like to buy this property at 116 N. Auburn to expand his business and facilitate a catering service. He would also like to use the building to house a few of his employees who will be helping with the catering service. Mr. Havens said he hopes the catering service will be beneficial during the construction phase of the Complete Streets project downtown. Mr. Havens said the 3 parking spaces on the property should be sufficient for the catering service, but he wanted to have options to use the building as a residential unit and/or an office which would require a total of 7 parking spaces. Therefore, he has a shared parking agreement with First Baptist Church for 4 additional parking spaces. Mr. Havens said he also has the option of allowing the realty business that is currently using the building, to remain as a renter. Commissioner Langenfeld asked Mr. Havens if 7 parking spaces would be sufficient. Mr. Havens said according to Ms. Landaverde, he would only be required to have a total of 7 parking spaces. Commissioner Langenfeld mentioned the suggestion in the comments of the Staff Report to consider a Planned Development, PD, rather than MU. Mr. Havens said he had a brief discussion with Ms. Landaverde and it was decided that the property did not meet the criteria for a PD. Commissioner Freeman asked for clarification on whether the church parking lot was in CB. He also asked if the rezoning to MU for 116 N. Auburn would be spot zoning in the CB district. Mary Holton said the property is located within the downtown district and is in close proximity to a variety of mixed uses. She said it was not considered spot zoning because of the proximity. Ms. Holton said she had considered the Planned Development, PD, but revised her comments after further consideration because the property did not really meet the criteria for a PD. Commissioner Freeman asked if the Legal Department was agreeable with the zoning of MU. Ms. Holton said the Legal Department looks at all petitions the Planning Division does and staff did not receive any spot zoning comments from Legal. Commissioner Davis asked to clarify the condition associated with the recommendation. He asked if “future demolition and redevelopment” would limit remodeling of the building. Ms. Landaverde said if the building was demolished it could not be rebuilt with the existing setbacks. She said adding on to the building would be acceptable, but destroying a building to rebuild would require bringing the building into compliance. Commissioner Langenfeld said she had similar concerns as Commissioner Freeman in regards to spot zoning. She asked if the only lacking component was first floor residential to warrant the zone change. Ms. Holton said CB would allow residential in the upper story, but MU would allow residential on any floor. She said the property is close to other MU district properties, and the MRA Plan recommends MU in this area. Commissioner Freeman asked if the property to the east, Front Line Missions, was in the MU district. Ms. Holton said she did not recall what district it is in. She noted that there are no buildings to the north of the Auburn property until the next street. Planning & Zoning Commission Action of Petition ZC 18-71 on October 11, 2018 A motion was made by Commissioner Langenfeld and seconded by Commissioner Ragsdale to approve Petition ZC 18-71, a request Bobby Smith (seller), represented by Morey Havens (buyer), to allow for (1) a zone change from the CB, Central Business District to the MU, Mixed Use District for commercial and residential uses and (2) a variance of 0 feet to the south side and rear yard setbacks for the existing structures for property located at 116 N. Auburn Avenue in the Locke’s Addition Subdivision and subject to the following condition(s): • Any future demolition and redevelopment to the subject property will need to come into compliance with the setback requirements of five (5) feet for the side (south) yard setback and 15 feet for the rear yard setback. AYE: Chair Cardon, Commissioners Brown, Davis, Freeman, Langenfeld, and Ragsdale. NAY: None Abstained: None Absent: Commissioners Sewell and Waldroup.  Motion passed 6-0 CONSIDERATION & RECOMMENDATION ZC 18-70 Proposed Revisions to the Shea Heights PD NE of the Intersection of E. Main and Mickey Dr. Planning & Zoning Commission Discussion of Petition ZC 18-70 on October 11, 2018 Director Mary Holton made an agenda correction on this petition. She said a nursing home is not involved in regards to Petition ZC 18-70. The licensing will be for 2 assisted living buildings. Ms. Holton provided the Commissioners with copies of the PowerPoint presentation and other items of correspondence from the petitioner and others. Director Mary Holton presented the staff report for ZC 18-70, a request from Nathan Manning with Beehive Homes, Southwest, represented by Dan Flack, DTF Engineering, for revisions to the Shea Heights Planned Development District to allow assisted living and independent living 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. In 2010, Developer Merl Farnsworth petitioned and obtained a zone change for the subject tract from the GC General Commercial District to the PD Planned Development District for the construction of a 41 lot townhome development. Mr. Farnsworth also successfully petitioned for a preliminary plan and a final plat for the subject tract. The final plat was recorded on June 7, 2012. The petitioner proposes consolidating the units located north of Casey Drive. These lots would be developed into two 8,575 square-feet buildings to house the assisted living home units, and associated parking areas. Lots to the south of the assisted living home units would be to construct a 4,000 square-foot multi-use building and associated parking. The multi-use building would be used as a gathering place for residents, including the provision of meals. Of the two assisted living buildings, one would be dedicated to memory loss clients and the other to clients in need of assisted living. To date, only three townhome lots have been developed. The balance of the subject tract is now owned by the Bank of the Southwest, who currently has a purchase agreement with Nathan Manning of Beehive Homes Southwest. Mr. Manning, the petitioner, proposes to add a housing development to the remaining 36 undeveloped lots in the tract that will be designed specifically for seniors, to include assisted living and independent living. The lots north of the three developed townhomes would become open space. The balance of land would be utilized for the development of independent living units. The petitioner is requesting to retain the private streets with 32-foot widths and restricted parking that were approved for the PD in 2010. He plans to include fire suppression systems in the buildings as was proposed and approved in 2010. The petition also includes plans to gate the development. Locations for the planned gates are indicated on the New Plan. The 2010 PD also approved 53.3% paving coverages for the two-car drive pads located in the front yards, as well as the following minimum setbacks for the townhomes: 20-feet for front yards; 20-feet for rear yards; and 0-feet for side yards. The petitioner is asking to retain those provisions for the independent living units. For the assisted living and multi-use buildings, the petitioner is requesting minimum 5-foot setbacks for all sides. The maximum building height for all buildings in the PD should meet the City’s standard for townhomes, which is 26-feet. 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. If this petition is approved, the petitioner’s New Plan would be adopted as the PD’s Master Plan. Commissioner Davis asked if the gated entrances are on Hwy. 516. Ms. Holton said access is directly off of Main Street onto Mickey Drive. There is a roadway, Shea Heights Drive, that provides access to the private drives. Only a portion of the roadway to the west is currently constructed. The petitioner will utilize plans that were approved in 2010. Commissioner Freeman asked why this petition was listed as a zone change. Ms. Holton said the proposed revisions were major enough to amend the PD, and that the amended PD required the same noticing and requirements as a zone change. Dan Flack, DTF Engineering, said he was working on the construction drawings. Consolidation/replatting of the lots was covered in the PowerPoint presentation. Jay Manning, 10 Champion Drive, Albuquerque, said Beehive Homes currently has four homes in Farmington. The homes are full and there is a waiting list. Mr. Manning said this part of Farmington has a need for an assisted living facility. The Bridge is the only other independent living facility in Farmington. He said the units will be 1,200 sq. ft. with a garage. Cleaning, cooking, yard work, and property taxes will be provided for each client. Commissioner Freeman asked what the difference was between a nursing home and assisted living. Mr. Manning said his facility is not a medical provider and does not do nursing skills. Commissioner Freeman asked what the purpose was for the open space. Mr. Manning said he intends to have a hot tub, lap pool, and a whiffle ball court. The three privately owned homes that currently exist will be part of the gated facility and will have access to the facilities in the open space. Mr. Manning said there will be a maximum of 15 clients in the assisted living facility and 15 in the memory loss facility. There will be 25 independent living units with 1 to 2 people in each. There will be a total of 12 employees for the assisted living and memory loss buildings, and 4 employees for the independent living units. Georgia Hewett, 2707 La Salle, Senior Vice President and Division Manager for Bank of the Southwest, said the bank has owned this property since 2015. Bank of the Southwest has financed other Beehive Homes in the past. The facility will be an asset to that end of town. The people who currently own the townhomes will have access to all accommodations in the gated community based on an agreement, and they will never have to pay an HOA fee. Jon Moore, 6909 Melissa Ct., said the proposed facility will adjoin his property. He asked about noise from clients in the memory loss building. Mr. Manning said he has never had an issue with noise outside the buildings before. Mr. Moore said he was also concerned about traffic on Mickey Drive and asked if a traffic light will be installed. Mr. Flack said a traffic count has been done and will actually decrease traffic from the original proposal of 41 lots. He said a traffic light was not warranted. Mr. Moore asked when the traffic study was done and if it included the traffic from the new subdivision on the back of Mickey Drive. Mr. Flack said a traffic study was not warranted on the original submittal in 2010. Commissioner Freeman asked if there was a master plan for when Lakewood eventually ties into the Old Aztec Hwy. Ms. Holton said a traffic study would depend on whether it was warranted and she would have to defer the question to a traffic engineer. Planning & Zoning Commission Action of Petition ZC 18-70 on October 11, 2018 A motion was made by Commissioner Davis and seconded by Commissioner Ragsdale to approve Petition ZC 18-70, a request from Nathan Manning with Beehive Homes, Southwest, represented by Dan Flack, DTF Engineering, for revisions to the Shea Heights Planned Development District to allow assisted living and independent living 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. AYE: Chair Cardon, Commissioners Brown, Davis, Freeman, Langenfeld, and Ragsdale. NAY: None Abstained: None Absent: Commissioners Sewell and Waldroup. Motion passed 6-0 Commissioner Davis had to leave the meeting for a previously scheduled obligation. CONSIDERATION & RECOMMENDATION UDC 18-73 Proposed Revisions to the Unified Development Code regarding Special Use Permits Planning & Zoning Commission Discussion of Petition UDC 18-73 on October 11, 2018 Director Mary Holton presented the staff report for UDC 18-73, a request for revisions to the Unified Development Code regarding transferability of ownership of an SUP, Special Use Permit. Recently, the City Attorney provided the Community Development Department a legal opinion that special use permits do not run with the land but are owner-specific. Mary Holton, Helen Landaverde, Jennifer Breakell (City Attorney), along with the P&Z Subcommittee (Joyce Cardon, Mitchell Sewell, and Clint Freeman) met on September 14, 2018 to discuss issues with SUPs. The fact is, said Ms. Holton, that SUPs do not run with the land. SUPs are owner and site specific. Yet, there are a number of people who invest quite a bit of money when it comes to non-residential SUPs. A resolution is necessary to protect and insure that the businesses will not have to go through the SUP process every time the business changes hands. A text amendment to the Unified Development Code is proposed to be added to make a new subsection to 8.9.2.A that says: "Except as provided herein or specified in the conditions of a special use permit, ownership of a special use permit is not transferable. However, special use permits associated with nonresidential uses are transferrable." This would allow the P&Z Commissioners and City Council the ability to look at the residential SUPs, specifically areas that are requesting SUPs for animals. There are situations where it can be a condition of an SUP for residential use, but this gives protection to business owners. Staff is requesting the Commissioners to review the proposal and develop a recommendation to forward to City Council. Staff is recommending approval. Commissioner Brown questioned the process of an SUP if the property is sold. Ms. Holton said the owner would need to come into the office to discuss the SUP. If it is a residential property, the new owner would have to apply for a new SUP to continue the use. Commissioner Brown asked if it would be the same for people who have an SUP to allow horses if the new owner wanted to continue the same use. Ms. Holton said it gives the neighbors a chance to speak for or against the use. Chair Cardon suggested realtors need to pass the word that SUPs for horses do not stay with the land. Planning & Zoning Commission Action of Petition UDC 18-73 on October 11, 2018 A motion was made by Commissioner Freeman and seconded by Commissioner Ragsdale to approve Petition UDC 18-73, a request for revisions to the Unified Development Code regarding transferability of ownership of an SUP, Special Use Permit with an amendment to 8.9.2A that states: "Except as provided herein or specified in the conditions of a special use permit, ownership of a special use permit is not transferable. However, special use permits associated with nonresidential uses are transferrable." AYE: Chair Cardon, Commissioners Brown, Freeman, Langenfeld, and Ragsdale. NAY: None Abstained: None Absent: Commissioners Davis, Sewell and Waldroup. Motion passed 5-0 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 advised that the Commissioners would consider cancelling the December 27, 2018 P&Z meeting at a future meeting. Ms. Holton noted that Petition ZC 18-64 for 630 W. Elm Street and Petition SUP 18-65 for the Browsery at 1603 and 1605 E. 20th Street stayed on consent and were approved at the October 9, 2018 City Council meeting. Adjournment: With no further business and a motion by Commissioner Langenfeld and seconded by Commissioner Brown, the Planning and Zoning Commission meeting of October 11, 2018 was adjourned at 4:14 p.m. ____________________________ _____________________________ Joyce Cardon Karen Walker Chair Administrative Assistant