Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive December 13, 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 November 15, 2018 P&Z Meeting 34 4 Discussion and Approval to reschedule or cancel the P&Z meetings for Nov. 28, 2019 and Dec. 26, 2019. 5 Petition No. ZC 18-86 – a request from El Rancho Holdings, LLC, represented by 1 Mike Atchison, for a zone change from the GC, General Commercial district to the MU, Mixed-Use district, to allow for household living and mixed uses on properties located at 2000 W. Main St. & 103 Gower Rd. (Gary Leikness) 6 Petition No. ZC 18-89 – a request from Doug Hunt, represented by Teresa Hunt, 18 for a zone change from the MF-L SMHAO, Multi-family Low Density Special Mobile Home Area Overlay district, to the GC, General Commercial district, to allow for an office and garage for property located at 1105 Schofield Lane. (Helen Landaverde) 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, January 8, 2019. ATTENTION PERSONS WITH DISABILITIES: The meeting room and facilities are fully accessible to persons with mobility disabilities. If you plan to attend a meeting and need an auxiliary aid or service, please contact the City Clerk's office at 599-1101 or 599-1106, prior to the meeting so arrangements can be made.  COMMUNITY DEVELOPMENT PETITION REPORT Petition ZC 18-86 – A Zone Change Request from a General Commercial District to a Mixed Use District at 2000 Main St. and 103 Gower Rd. A. STAFF REPORT, December 13, 2018 PROJECT INFORMATION Applicant El Rancho Holdings, LLC. Representative Mike Atchison Date of Application November 06, 2018 Zone change from the GC, General Commercial District to Requested Action MU, Mixed Use District 2000 W Main St, and 103 Gower Rd, henceforth referred to Location as “subject properties’” as they are contiguous to one another. 2000 W Main, Vacant Commercial Existing Land Use 103 Gower, Vacant Land Existing Zoning GC, General Commercial North: GC, General Commercial/vacant land, with some non-conforming single family residences in the Surrounding vicinity, along Gower Rd. Zoning & Land Use South: MU, Mixed Use/ Navajo Ministries East: GC, General Commercial/ Commercial West: GC, General Commercial/ Commercial Notice Publication of Notice for public hearing of the Planning and Zoning Commission and City Council appeared in the Farmington Daily Times on Sunday, November 25, 2018. Property owners within 100 feet were sent notice by certified mail on Wednesday, November 21, 2018 and a sign was posted at the site on Friday, November 30, 2018. Staff Planner Gary Leikness, AICP, CFM Planning Manager STAFF ANALYSIS Project Description The petitioner is requesting a zone change, for the subject properties, from the GC, General Commercial District to the MU, Mixed Use District. The petitioner is proposing the zone change to allow for him to use the existing structure on 2000 W. Main St, as a single family home, with the option to “run an at-home business.” The Gower property is currently vacant with no immediate plans for development. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24  PLANNING MEMO COMMENTS SUMMARY ZC 18-89 1105 SCHOFIELD LN Deadline: 11/21/18 City of Farmington Departments CD Subject site is located directly across from an existing GC District. Please confirm that redevelopment of the site is planned. Please confirm that the site will no longer be in the SMHAO once rezoned. Director – M. Holton The petitioner needs to be aware that once the site has been zoned to GC that residential use can only exist in the upper stories. Please explain the comment in the review packet regarding relocating because of robberies. Will the 30’ x 80’ building be used to store company vehicles? CD Addressing – Planning Division CD Chief Building Official – D. Childers No comment CD Long Range Planner CD MPO 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 – 1. What type of business do they intend to POLICE conduct? 2. At this time do they only have one access Code Compliance – M. Romero point for the vehicles? 3. This property is surrounded by residential areas, which could cause a noise issue with the business. POLICE Sergeant – P. Flores PRCA S. Reeves/ R. Crosby No comment PRCA ORII – C. Styron 25 26 27 28 29 30 31 32 33  MINUTES PLANNING & ZONING COMMISSION November 15, 2018 The Planning and Zoning Commission met in a regular session on November 15, 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 Clint Freeman Kristin Langenfeld Cheryl Ragsdale Mitchell Sewell Cody Waldroup P&Z Members Absent: Shay Davis Staff Present: Helen Landaverde Mary Holton Toni Sitta Cory Styron Karen Walker Others Who Addressed the Commission: Nicole Barnett Steve Gabaldon Tennille Taylor 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 October 11, 2018 P&Z Meeting. This motion was approved unanimously by a 7-0 vote. Swearing in of Witnesses All parties that wished to speak on behalf of any agenda items were sworn in by Karen Walker. Discussion and Approval to cancel the December 27, 2018 P&Z meeting A motion was made by Commissioner Ragsdale and seconded by Commissioner Sewell to cancel the December 27, 2018 Planning & Zoning meeting. The vote was 7-0. Community Transformation/ORII Presentation – Cory Styron Cory Styron, Outdoor Recreation Director, said with the ¼% GRT for Community Transformation and Economic Development for outdoor recreation that was added last summer, there is now funding for the ORII, Outdoor Recreation Industry Initiative. Mr. Styron’s presentation noted that the Farmington area has numerous outdoor recreation areas that are underutilized. Development of these areas will create consumer spending, tax revenue, and jobs. Mr. Styron explained various projects and recommendation that have been implemented and are planned for the future to stimulate Farmington’s outdoor recreation development. CONSIDERATION & RECOMMENDATION ZC 18-78 Zone Change from GC to IND and a variance to the north side and rear yard setbacks 1630 W. Murray Planning & Zoning Commission Discussion of Petition ZC 18-78 on November 15, 2018 Associate Planner Helen Landaverde presented the staff report for ZC 18-78, a request from AAA, LLC., represented by Nicole Barnett, for (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. The northern half of the property is in the GC District and the southern half is in the IND District. The southern portion of the property was annexed into the City in 2007. The size of the property is 0.88 acres. There are self-storage/mini-warehouses on the subject property. According to the representative, Nicole Barnett, there have been many burglaries on the property. In order to secure the property, she had a barbed wired fence placed on the northern portion of the property. Pursuant to UDC 5.4.6(A): “Use of barbed wire, razor wire, and/or electric fences shall be prohibited, except in IND district and the RA district.” The applicant is also requesting a variance of 0 feet to the northwest side yard and a reduction to the northeast rear yard setback from 20 feet to 12 feet to address the current existing structures on the subject property that do not meet the IND density and dimensional standards. The subject property currently does not meet the five-foot side yard setback for the northwest property line, and it does not meet the required 20 feet rear yard setback for the northeast property line. There are no setback requirements in the GC District, therefore, the existing structures are on or within close proximity to the northeast and northwest property lines. The properties to the north are zoned as GC, General Commercial. The properties to the east, west, and south are zoned as IND, Industrial. The 2020 Future Land Use Plan recommends light industrial for the subject property. The proposed zone change supports the Land Use and Development and the Comprehensive Plan “Objective 4.6.1: Designate areas for industrial development that are accessible to transportation routes and adequate utilities while protecting existing and future neighborhoods from incompatible land uses. The subject property has direct access to W. Murray Drive, a principal arterial street. The IND district is primarily intended to accommodate existing low intensity industrial uses. The current land use is consistent with the Comprehensive Plan. Additionally, a variance of 0 feet to the northwest side yard and a 12-foot setback to the northwest rear yard is appropriate for the subject property. The Community Development Department recommends approval. Director Mary Holton said the primary reason for the zone change is because the property is in two zoning districts. Several Commissioners questioned the zoning of surrounding properties. Ms. Landaverde said the surrounding properties are General Commercial and Industrial. Commissioner Sewell questioned the need for the variance. Ms. Landaverde said it was necessary for future improvements and possible expansion of the use on the property. Nicole Barnett, 5603 Terry Terrace Dr., said the property had easy access on one side where vandals were accessing and damaging the property. The barbed wire was installed to prevent this from happening. Ms. Barnett said she did not know the installer of the barbed wire did not pull a permit. Planning & Zoning Commission Action of Petition ZC 18-78 on November 15, 2018 A motion was made by Commissioner Waldroup and seconded by Commissioner Brown to approve Petition ZC 18-78, a request from AAA, LLC., represented by Nicole Barnett, for (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. The conditions were removed from the action. AYE: Chair Cardon, Commissioners Brown, Freeman, Langenfeld, Ragsdale, Sewell, and Waldroup. NAY: None Abstained: None Absent: Commissioner Davis. Motion passed 7-0 CONSIDERATION & RECOMMENDATION ZC 18-80 Zone Change from LNC to MU RPO 506 W. Arrington Street Planning & Zoning Commission Discussion of Petition ZC 18-80 on November 15, 2018 Associate Planner Helen Landaverde presented the staff report for ZC 18-80, a request from Tennille Taylor for a zone change from LNC, Local Neighborhood Commercial to MU RPO, Mixed-Use Residential Preservation Overlay, to allow for residential uses for property located at 506 W. Arrington Street. The property is in the Civic Center Neighborhood in the Metropolitan Redevelopment Area Plan (MRA). The applicant initially requested a variance to the side yard setback; however, this request has been removed. The size of the property is 0.418 acres. There is a two-story office building and a two-story residence on the subject property. Pursuant to UDC 2.3 the only household living permitted in the LNC District is upper-story residential. Residential is permitted by right on any floor in the MU District. The applicant would like to switch her utility services from commercial to residential and would like to primarily utilize the subject property for household living. A zone change to MU would allow household living on the property. The property owner would have to provide sufficient parking for residential uses. Pursuant to UDC 3.11.4(A) District standards, “All parking shall be located in the rear yard, or interior of the property, and accessed from an alley where such alley access is available.” The proposed zone change is consistent with Farmington’s Comprehensive Plan and the MRA Plan. Both Plans recommend MU for this area. It also supports the MRA’s goal for the Civic Center neighborhood to “Preserve the neighborhood character by protecting existing structures…”and the Comprehensive Plans goal to “protect the character of the neighborhood residential character”. The zone change further supports the goals for Land Use and Development and Housing. The mixed use (MU) district is intended to accommodate low-intensity mixed-uses with a strong residential character. The MU district is intended to implement the planning policies of the Comprehensive Plan's "Mixed Use" land use designation, in the Civic Center Neighborhood. The properties to the north and east are zoned as LNC and are also in the Civic Center Neighborhood in the MRA Plan. The property to the west is zoned as MU RPO and is in the Civic Center Neighborhood in the MRA Plan. This petition was presented to the MRA on November 13, 2018. The proposed zone change was approved 4-0. The Community Development Department recommends approval. Commissioner Freeman questioned whether there was adequate parking. Ms. Landaverde said there was adequate parking. Tennille Taylor, 508 W. Arrington Street, said she and her husband have lived next door to this property since 2004. The subject property once belonged to Ms. Taylor’s great grandparents in 1907. It was built in 1886 and was once Farmington’s first library. It has been a law office since 1981. The house still maintains its historic character as a home. The alley is a private alley and was included with the property at the time of purchase. The alley area provides 3-4 parking spaces. There is also a small carriage house in the back. Planning & Zoning Commission Action of Petition ZC 18-80 on November 15, 2018 A motion was made by Commissioner Freeman and seconded by Commissioner Ragsdale to approve Petition ZC 18-80, a request from Tennille Taylor for a zone change from LNC, Local Neighborhood Commercial to MU RPO, Mixed-Use Residential Preservation Overlay, to allow for residential uses on property located at 506 W. Arrington Street. AYE: Chair Cardon, Commissioners Brown, Freeman, Langenfeld, Ragsdale, Sewell, and Waldroup. NAY: None Abstained: None Absent: Commissioner Davis. Motion passed 7-0  CONSIDERATION & RECOMMENDATION ZC 18-81 Zone Change from LNC to PD Northeast of intersection of 20th St. & N. Dustin Ave. Planning & Zoning Commission Discussion of Petition ZC 18-81 on November 15, 2018 Director Mary Holton presented the staff report for ZC 18-81, a request from Steven Gabaldon Trust, represented by 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. Ms. Holton described the other businesses in the area. The Gladden-Peterson Commercial Subdivision encompassed those tracts where the following uses are now located: Laundratopia; Subway; the Car Wash; Schlotzsky’s Deli; Southwest Financial Services; and Smith’s Groceries and Fuel Center. This area is currently zoned LNC, Local Neighborhood Commercial District. The owner of the subject tract, the Steve Gabaldon Trust, proposes to develop three new uses: a neighborhood commercial retail center located on the southern portion with a drive-up or drive-through window located on the southern portion; a gated/fenced two-story indoor self-storage facility on the northwestern portion; and a three-story 6-unit residential condominium building with a garage on the northeastern portion. Internal drives and associated parking for the three uses would be included. Ms. Holton said that LNC requires a Special Use Permit, SUP, to allow for drive-up or drive-through windows, as well as a self-storage or mini-warehouse. By proposing a PD district, the Planning & Zoning Commissioners and the City Council will be affectively deciding that the additional requirement of SUPs would not be necessary. The petitioner is requesting flexibility in allowing these uses, as well as with setbacks and building height within the Planned Development. Specifically, he is requesting a building height of 60 feet for the condominium building, and 0 setbacks for all sides of buildings. Both the indoor storage facility and the retail center buildings would comply with LNC height standards, which is 35 feet. Other uses in the retail center would also comply with LNC standards. The Farmington Comprehensive Plan’s 2020 Future Land Use Plan recommends the area as Local Neighborhood Commercial. The request is considered to be an infill development, which is highly encouraged in the area due to area constraints and lack of private land. The proposal is compatible with the existing development and the surrounding area of existing uses. Staff concludes that approval of ZC 18-81 is appropriate. If this petition is approved, the petitioner’s proposed site plan would be adopted as the PD’s Master Plan. Commissioner Freeman asked if P&Z would be looking at the zone change or at the specifics of the PD. Ms. Holton said the Commissioners will be looking at the specifics of this petition in terms of the setbacks, height and area regulations, and uses. The primary focus for zoning is the land use and any variations from what is required in the LNC District. Commissioner Langenfeld asked about the public open space for the PD. Ms. Holton said the PD requires 10% of public open space. This proposal exceeds that. Commissioner Langenfeld asked if the open space was flexible in terms of whether it is developed open space. Ms. Holton responded, yes. Commissioner Freeman asked if a new very different use would require reviewing the PD again by the Commission and the Council. Ms. Holton responded, yes, but said that minor modifications to the plan could be administratively approved by Community Development staff. Steve Gabaldon, 5921 Del Rio Court, said he built the car wash and laundry next to the property. The PD could be expensive due to the constraints on the property. Mr. Gabaldon explained that there will be 6 condominiums with a garage on the ground floor and three floors above the garage. He is proposing to have two units on each floor. The mini-storage will be climate controlled. The 60-foot height will be from the ground floor garage. Commissioner Waldroup questioned the amount of parking for the storage units. Mr. Gabaldon said the laundry or car wash parking lots can be used to get to the storage units due to the access easements on the other properties. Commissioner Sewell questioned the drive-through on the retail center. He asked why Subway did not have a drive-through. Ms. Holton said the Subway restaurant on the corner would require an SUP for a drive-through because it is in the LNC District, and there has not been a request from that Subway for a drive-through. Commissioner Waldroup questioned if the current accesses to all of those businesses would be adequate. Ms. Holton said access to the new businesses would be internal through the current accesses. Any additional access points would need to be approved by Traffic Engineering. Planning & Zoning Commission Action of Petition ZC 18-81 on November 15, 2018 A motion was made by Commissioner Langenfeld and seconded by Commissioner Waldroup to approve Petition ZC 18-81, a request from Steven Gabaldon Trust, represented by 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. AYE: Chair Cardon, Commissioners Brown, Freeman, Langenfeld, Ragsdale, Sewell, and Waldroup. NAY: None Abstained: None Absent: Commissioner Davis. Motion passed 7-0 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: There was no business from Staff. Adjournment: With no further business and a motion by Commissioner Waldroup and seconded by Commissioner Freeman, the Planning and Zoning Commission meeting of November 15, 2018 was adjourned at 4:00 p.m. ____________________________ _____________________________ Joyce Cardon Karen Walker Chair Administrative Assistant