Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive January 10, 2019, at 3:00 p.m. Item Page 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the December 13, 2018 P&Z Meeting 58 4 Petition No. ABD 18-92 – a request from Doug Murray, represented by Sakura 1 Engineering & Surveying, for the abandonment of a City owned alley and street: (1) the northern half of a 40’ alley (20 feet) in between Block 7 in the Inez Subdivision and west of Poulson Street along Lots 1-6 and Lot 11 in Block 8: and (2) a portion of Poplar Street along Lots 9-11 in Block 8 and Lots 6 and 7 in Block 7. (Helen Landaverde) 5 Petition No. ZC 18-95 – a request from Billy Randall, represented by Misty 33 Hensley, for a zone change from SF-7, Single Family District, to the MF-L, Multi- family Low Density District to allow for 2 existing duplexes to be in conformance with the UDC for property located at 2303 and 2305 Nathan Avenue. (Gary Leikness) 6 Business from: Floor: Chairman: Members: Staff: 7 Adjournment The recommendation of the Planning and Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, January 22, 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. 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  MINUTES PLANNING & ZONING COMMISSION December 13, 2018 The Planning and Zoning Commission met in a regular session on December 13, 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 Cody Waldroup P&Z Members Absent: Clint Freeman Kristin Langenfeld Mitchell Sewell Staff Present: Helen Landaverde Gary Leikness Andrea Jones Others Who Addressed the Commission: Mike Atchison Tyrell Atchison Shawn Carlson Doug Hunt Rick Kelly Sheryl Kelly Call to Order Chair Joyce Cardon called the meeting to order at 3:09 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 Davis to approve the minutes of the November 15, 2018 P&Z Meeting. This motion was approved unanimously by a 5-0 vote. Discussion and Approval to reschedule or cancel the P&Z meetings for Nov. 28, 2019 and Dec. 26, 2019. A motion was made by Commissioner Davis and seconded by Commissioner Waldroup to cancel the November 28, 2019 and December 26, 2019 P&Z meetings. The vote was 5-0. Swearing in of Witnesses All parties that wished to speak on behalf of any agenda items were sworn in by Andrea Jones. CONSIDERATION & RECOMMENDATION ZC 18-86 Zone Change from GC to MU 2000 W. Main St. & 103 Gower Road Planning & Zoning Commission Discussion of Petition ZC 18-86 on December 13, 2018 Planning Manager Gary Leikness presented the staff report for ZC 18-86, a request from El Rancho Holdings, LLC, represented by 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. and 103 Gower Road. Zoning to the north is GC, General Commercial with some nonconforming single family residences along Gower Road. To the south is MU, Mixed Use. East and West is GC. The petitioner is proposing the zone change to allow for the use of the existing structure on 2000 W. Main Street 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. Pursuant to UDC 5.3.2(A), “All residential uses take direct access to local streets.” Furthermore, “No single-family residential use shall take direct access to arterial streets. Ground floor single family dwellings are not permitted in the GC District according to UDC Table 2.3. Therefore, the structure cannot be used as a single family home with the current zoning. Pursuant to UDC 3.11.1 MU is “…intended to accommodate low-intensity mixed uses with a strong residential character. The MU district provides specific standards for the development of limited business, office, or service uses in existing residential structures, or in new structures within residential areas.” An analysis of the UDC, said Mr. Leikness, shows how the MU zoning may or may not allow more land uses than GC. The comparison shows that the MU zone allows more residential types of land uses, and less commercial and industrial land uses. While the GC zone has fewer residential land use options, but more commercial and industrial opportunities. Mr. Leikness presented various maps and aerials to determine the area in question. The zone change request is for MU, which is generally consistent with the goals and objectives in the Comprehensive Plan. However, it is not consistent with the 2020 Future Land Use Map, stated Mr. Leikness. The 2020 Future Land Use Plan Map indicates that this area is to remain as GC. The proposed zoning may place limits on adjacent commercial properties in the future. Spot zoning is where a particular tract within a larger area is specifically zoned so as to impose upon it restrictions not imposed upon the surrounding lands or grant to it special privileges not granted generally. The proposed zone change allows residential uses, but is limited with commercial and industrial land use options. Mr. Leikness said the Community Development Director had concerns about a MU zoning due to the activity by fast food chains and the industrial and commercial characterization of the area. Public Works Engineering had comments regarding access limited to Gower if used as a residence. Staff concludes that the requested zone change fails to meet four of the six criteria for approval. Community Development recommends denial. Mike Atchison, 2000 W. Main, representative of El Rancho Holdings, said he was asking for the zone change so he could do something with the empty building on the property. He said there has not been very much development in that area recently. Mr. Atchison said he wanted to put a small apartment in the current structure. Mr. Atchison said the property could always be rezoned back to Commercial. Mr. Atchison said he did not receive a copy of the Planning & Zoning Agenda and staff did not talk with him about the denial prior to this meeting. Sheryl Kelly, 2012 N. Fairview Avenue, owns the property next to Mr. Atchison and would also like a zone change to MU. She said she is having trouble selling her property with the current zoning. Tyrell Atchison, 13B Road 5481, Mike Atchison’s son, said there are several properties in the area that are zoned GC but are used as residential because they are grandfathered in. Mr. Atchison asked how MU could affect future businesses. Ms. Cardon explained that residences should not be in that area based on the Future Land Use Plan. Ms. Cardon discussed commercial uses in an area that would inhibit residential uses. Mr. Atchison said that MU would allow an at-home business that would blend in with the commercial businesses that are currently there. Gary Leikness noted criteria C in the Planning & Zoning agenda Book on page 6 concerning adverse impacts that says, “There may be some incompatibility between a single family home and an auto repair center, for example, adverse impacts: future development on the subject property and surrounding properties will follow all applicable codes, which are intended to ensure Life/Safety.” Mr. Leikness mentioned the possibility of a Special Use Permit to allow two uses next to each other that might not normally be compatible. However, in this situation, said Mr. Leikness, a commercial business could produce noise, odor, or other adverse effects. Mr. Leikness also referenced page 5 of the agenda book. Commissioner Davis commented that he was concerned that the applicant was not consulted about the denial before going through the entire process. Chair Cardon voiced the same concern. Planning & Zoning Commission Action of Petition ZC 18-86 on December 13, 2018 A motion was made by Commissioner Davis and seconded by Commissioner Waldroup to deny Petition ZC 18-86, a request from El Rancho Holdings, LLC, represented by 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. and 103 Gower Road. AYE: Chair Cardon, Commissioners Brown, Davis, Ragsdale, and Waldroup NAY: None Abstained: None Absent: Commissioners, Freeman, Langenfeld, and Sewell. Motion passed 5-0 CONSIDERATION & RECOMMENDATION ZC 18-89 Zone Change from MF-L SMHAO to GC 1105 Schofield Lane Planning & Zoning Commission Discussion of Petition ZC 18-89 on December 13, 2018 Associate Planner Helen Landaverde presented the staff report for ZC 18-89, a request from Doug Hunt, represented by Teresa Hunt, for a zone change from the MF-L SMHAO, Multi-family Low Density Special Mobile Home Area Overlay District, to GC, General Commercial, to allow for commercial use on property located at 1105 Schofield Lane. San Juan County Tax Assessor’s records show that the size of the subject property is 1.009 acres. There is a residence and a detached storage building on the property. Ms. Landaverde stated the properties to the north are zoned MF-L SMHAO and GC, General Commercial. The properties to the west and south are zoned as MF-L SMHAO and the property to the east is zoned as GC. There are some residential uses along Schofield Lane; however, most of the land use on Schofield Lane is commercial and it is zoned as GC. The applicant would like to construct a 2,000 ft.² office building for commercial use and a 2,400 ft.² garage to store company vehicles on the property. According to the applicant, Hard Rock Builders, Inc., a concrete construction business, has been experiencing burglaries at their existing location and they would like to use the subject property for a new location or for the relocation of the company. Commercial uses and offices are not permitted in the MF-L SMHAO, Multifamily Low Density Special Mobile Home Area Overlay District. A zone change to GC would allow commercial and/or office use on the property, said Ms. Landaverde. The property owner would have to provide sufficient off-street parking for commercial and/or office use. The applicant is proposing to have 14 off-street parking spaces. The minimum required off-street parking for office use is eight spaces. The minimum required off-street parking for retail sales and services will vary depending on the proposed use. Parking could vary depending on the use of the retail space. The General Commercial District is intended to accommodate commercial uses, stated Ms. Landaverde. It may also be used to accommodate new development proposals. The GC district is intended to implement the planning policies of the Comprehensive Plan's "Commercial" land use designation. The 2020 Future Land Use Plan recommends commercial use for the subject property. The proposed zone change supports the Land Use and Development objectives in the Comprehensive Plan. The proposed zone change will not be a spot zone. The Community Development Department recommends approval. Commissioner Davis questioned the existing zoning adjacent to the property. Ms. Landaverde said there are two zoning districts to the north, GC and MF-L SMHAO. To the south is MF-L SMHAO. To the east is GC, but there are residential uses that are legal nonconforming and are grandfathered in. The zoning district along Schofield is GC. Doug Hunt, 4103 Old Mission Road, said he has owned the property for 13 years as a single family residence, and would like to turn it into commercial suites. Currently, it is a rental property. Shawn Carlson, 1815 E. 11th Street, said the petitioner’s property backs up to her property. She said there is enough traffic and noise in the area and is concerned about another business going in to the neighborhood. Currently there is a lot of trash and debris. Ms. Carlson said the property and a 10-foot utility easement have not been maintained. She said a garage would not be acceptable next to her property. She was concerned that another business would lower property values for the residences. Ms. Carlson said she is against the zone change. Commissioner Ragsdale asked Ms. Carlson how long she has owned her property. Ms. Carlson said she has owned the property for two years and bought it because it was a quiet neighborhood. Mr. Hunt said if the property is developed, there will be a 6-foot privacy fence and the property will be cleaned up. He said he is aware that the property has not been maintained. Commissioner Brown asked Mr. Hunt what he intended to use the garage for. Mr. Hunt said the garage would be used to store equipment and trucks. It will not be a mechanic shop. Ms. Landaverde noted that a vehicle repair shop would not be allowed that close to the residences. Noise levels would have to follow City code and would be enforced by Code Compliance. Planning & Zoning Commission Action of Petition ZC 18-89 on December 13, 2018 A motion was made by Commissioner Brown and seconded by Commissioner Ragsdale to approve Petition ZC 18-89, a request from Doug Hunt, represented by Teresa Hunt, for a zone change from the MF-L SMHAO, Multi-family Low Density Special Mobile Home Area Overlay District, to GC, General Commercial, to allow for commercial use on property located at 1105 Schofield Lane. AYE: Chair Cardon, Commissioners Brown, Davis, Ragsdale, and Waldroup NAY: None Abstained: None Absent: Commissioners, Freeman, Langenfeld, and Sewell. 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: Gary Leikness introduced himself to the Commissioners. Adjournment: With no further business and a motion by Commissioner Davis and seconded by Commissioner Waldroup, the Planning and Zoning Commission meeting of December 13, 2018 was adjourned at 4:02 p.m. ____________________________ _____________________________ Joyce Cardon Karen Walker Chair Administrative Assistant