Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive May 30, 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 May 16, 2019 P&Z Meeting 70 4 Petition No. PP 19-35 – a request from Stonetown Animas Lender, LLC., 1 represented by Cheney-Walters-Echols for a Preliminary Plan approval of the Sunset Ridge Subdivision Phase 1, consisting of 17 lots on 64.17 acres located at the intersection of Road 3000 and Road 3950 in Tier II of Farmington’s Platting and Planning Jurisdiction. (Helen Landaverde) 5 Petition No. ZC 19-37 – a request from Ngyuen Duc Chi Vyong, represented by 13 Anita Graciano, for a Zone Change from SF-7, Single family Residential, to MF-L, Multi-family Low Density, for property located at 1212 Smith Lane. (Francisco Alvarado) 6 Petition No. ZC 19-38 and SUP 19-39 – a request from Sagebrush Community 31 Church, represented by Derald Polston to rezone the properties into one zoning designation of MF-M, Multi-family Medium Density and to request a Special Use Permit to allow a sanctuary space of more than 4,000 sq. ft. (Cindy Lopez) 7 Business from: Floor: Chairman: Members: Staff: 8 Adjournment The recommendation of the Planning and Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, June 11, 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  COMMUNITY DEVELOPMENT PETITION REPORT Petition ZC 19-37 – Zone change from the SF-7, Single-family 7 Residential District to the MF-L, Multifamily Low Density Residential District, to allow for the placement of two manufactured homes in the backyard, for property located at 1212 Smith Lane A. STAFF REPORT, May 30, 2019 PROJECT INFORMATION Applicant Ngyuen Duc Chi Vuong Representative Anita Graciano Date of Application April 29, 2019 Zone change from the SF-7, Single-family Residential District Requested Action to the MF-L, Multifamily Low Density Residential District. Location 1212 Smith Lane (R0020493) Existing Land Use Residence Existing Zoning SF-7, Single-family Residential District MF-L, Multifamily Low Density with a SMHAO, North: Special Mobile Home Area Overlay / Residential. MF-M, Multifamily Medium Density SMHAO, Special South: Surrounding Zoning Mobile Home Area Overlay / Residential. & Land Use SF-7, Single-family with a SMHAO, Special Mobile East: Home Area Overlay / Residential. SF-7, Single-family with a SMHAO, Special Mobile West: Home Area Overlay / Residential. Notice Publication of Notice for public hearings of the Planning and Zoning Commission appeared in the Daily Times on Sunday, May 12, 2019. Property owners within 100 feet were sent notice by certified mail on Wednesday, May 8, 2019 and a sign was posted on Friday, May 17, 2019. Staff Planner Francisco Alvarado, Associate Planner STAFF ANALYSIS Project Description The petitioner, Ngyuen Duc Chi Vuong, is requesting a zone change from the SF-7, Single- family Residential District to the MF-L, Multifamily Low Density Residential District, to allow for the placement of two (2) multi-section manufactured homes in the backyard of property located at 1212 Smith Lane (R0020493). San Juan County Tax Assessor’s records show that the size of the property is 0.438 acres (19079.28 square feet). The property was annexed into the City in 1954 and is considered to be a lot of record. Aerial photographs and other sources provided in this memo indicate 13 that there is a duplex and two accessory structures (sheds) on the subject property. Each unit in the duplex has one bedroom. One unit has an office space. The property has a special mobile home area overlay (SMHAO). The abutting property to the north is zoned MF-L, Multifamily Low Density. The abutting property to the south is zoned MF-M, Multifamily Medium Density. The properties to the east and west are zoned SF-7, Single-family. All the abutting properties have a special mobile home area overlay (SMHAO). Figure 1. City of Farmington Zoning Map Multi-section manufactured homes are not permitted in the SF-7 District; as a result the applicant is requesting a zone change to MF-L, Multi-family Low Density to allow for multi- section manufactured homes on the subject property. The residence, built in 1959, sits at 20 feet from the front yard property line and does not meet the current SF-7 District setbacks. The property would, however, meet the required setbacks for the proposed MF-L District and come into compliance with the City code. 14 Table 1. UDC 2.8.1 - Setbacks for subject property. Standard SF-7 MF-L Front 25’ 20’ Interior Side 5’ 8’ Rear 15’ 25’ Proposal The petitioner is requesting a zone change from the SF-7, Single-family Residential District to the MF-L, Multifamily Low Density Residential District to allow for the placement of two (2) manufactured homes (multi-section) on the property, in addition to the current residence. Future income received from renting the homes would allow him to pay for his children’s education. Under current zoning (SF-7), the property’s special mobile home area overlay (SMHAO) allows for one single-section mobile or manufactured home on the lot. He has not requested a change regarding the SMHAO. Pursuant to UDC Section 2.8 Density and dimensional standards, the minimum lot area per multifamily dwelling unit in the MF-L District shall be 3,500 sq. ft. The subject property is 19,079.28 sq. ft., and the existing residence is 1,512 sq. ft. The maximum allowed number of multifamily units in the remaining lot area (17,567.28 ÷ 3,500) is five (5). The applicant has expressed his interest for two (2) multifamily manufactured homes (24’ x 54’, 1,296 sq. ft.). One home will be placed vertically, next to the rear lot line. The second home will be placed horizontally, next to the southern lot line, by the first home (Figure 2). Figure 2. Proposed Placement 15 The petitioner’s representative, Anita Graciano, has indicated that Mr. Ngyuen would like for each manufactured home to have three bedrooms and two bathrooms. The petitioner would have to provide sufficient off-street parking for the proposed homes. The minimum requirements for off-street parking are two (2) spaces per manufactured dwelling unit. Table 2. UDC 5.2.3.A - Minimum off-street parking Use Classification Minimum Number of Spaces Required Single-family, manufactured 2.0 per dwelling unit dwellings, and mobile homes Multifamily Efficiency & one- 1.5 per dwelling unit dwellings bedroom 2-bedroom 1.75 per dwelling unit 3-bedroom 2.0 per dwelling unit Consistency with the Farmington Comprehensive Plan The 2020 Future Land Use Plan visualizes this area as having a Residential Single Family Urban land use. The proposed use supports the following core goals and objectives in the Comprehensive Plan: Land Use and Development 1 Goal: Plan and facilitate land use and development that is consistent, orderly, functional, in harmony with the natural environment, and promotes a progressive, vibrant, scenic, and safe community. Objective 4.1: Assure the provision of a variety of different land use types in suitable locations, densities, and patterns while avoiding mixing of incompatible uses in close proximity to each other. Objective 4.1.2: Continue to recommend appropriate locations for…multi-family residential areas as shown on the 2020 Future Land Use Plan… Housing 2 Goal: Promote quality, affordable, and safe housing that meets the needs of the community and assure implementation of sound standards for orderly development and growth. Action 7.1: Provide for a variety of housing options…to accommodate housing needs of all residents in Farmington… 1 Farmington Comprehensive Plan (2002). Chapter 4 Land Use and Development, pp. 4-11 – 4-12. 2 Farmington Comprehensive Plan (2002). Chapter 7 Housing, pp. 7-11. 16 Figure 2. 2020 Future Land Use Plan Compatible Land Use with the Neighboring Area The property to the north is zoned MF-L, Multi-family Low Density and the property to the south is zoned MF-M, Multi-family Medium Density. The properties to the east and west are zoned SF-7, Single-Family Residential. All the abutting properties have a Special Mobile Home Area Overlay (SMHAO). The proposed zone change to MF-L, Multi-family Low Density would allow for development consistent with the current land uses and character of the surrounding area. Although zoning in the general area is SF-7, the proposed land use is compatible with mobile/manufactured homes in the neighborhood, as well as the abutting multi-family low and medium density districts. Multifamily, low, medium and high density (MF-L, MF-M, and MF-H) Multifamily Low, Medium and High Density (MF-L, MF-M and MF-H) Districts are intended to accommodate a substantial portion of the city's residential growth over the 20-year planning horizon covered by the comprehensive plan. By allowing many residential development options (from detached houses on small lots to relatively high density apartments), the MF-L, MF-M and MF-H districts provide the widest range of housing choices for city residents. The provision of pedestrian facilities is strongly encouraged (UDC 3.9). STAFF ANALYSIS A. Is the proposed zoning consistent with the Farmington Comprehensive Plan? The zone change request is for MF-L, Multi-family Low Density is consistent with several goals and objectives of the Comprehensive Plan for Land Use and Development regarding multi-family residential areas and housing options for the community. 17 B. Is the proposed zoning and land use(s) compatible with the present zoning and conforming uses of nearby property and the character of the neighborhood? The property to the north is zoned MF-L, Multi-family Low Density and the property to the south is zoned MF-M, Multi-family Medium Density. The properties to the east and west are zoned SF-7, Single-Family Residential. All the abutting properties have a Special Mobile Home Area Overlay (SMHAO). The proposed zoning for this property is compatible with the present zoning and character of the neighborhood. Additionally, the proposed zone change supports the goals and objectives in the Comprehensive Plan for Land Use and Development and Housing. C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? There should be no adverse impacts; however, the applicant is required to mitigate adverse impacts. D. Is the proposed density and intensity of use permitted in the proposed zoning district? The zone change request is MF-L, Multi-family Low Density and multi-section manufactured homes are allowed. At the moment, the subject property does not meet the front yard setback for the existing principal structure. The applicant would come into compliance with the City’s Code regarding residential density and dimensional standards in the MF-L District. Any future demolition and redevelopment will need to meet established requirements of the zone district and off-street parking regulations. E. Are adequate public facilities and services available to serve development for the type and scope suggested by the proposed zone? If utilities are not available, could they be reasonably extended by the applicant? Is the applicant willing to pay for the extension of public facilities and services necessary to serve the proposed development? The subject property has already been developed. Public facilities have been provided. Any future demolition and redevelopment will need to meet established requirements of the district. F. Does the proposed change constitute "spot zoning" as defined in Article 11, definitions? Article 11 defines “spot zoning” as “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, not done in pursuance of the Comprehensive Plan”. 18  The proposed zone change for the subject property is in line with several goals and objectives of the Comprehensive Plan regarding land use and development, as well as housing. Although the 2020 Future Land Use Plan visualizes this area as Residential Single Family Urban and the current zoning is SF-7, Single-family Residential, the existing land use on Smith Lane and the surrounding area is multifamily. The requested zone change to MF-L is consistent with the character of the area and will not be detrimental to the surrounding neighborhood. The proposed zone change will not be a spot zone. STAFF CONCLUSION Staff concludes that approval of ZC 19-37 is appropriate. The requested zone change to MF-L is consistent with the land use and character of the area and will not be detrimental to the surrounding neighborhood. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition ZC 19-37, a request from Ngyuen Duc Chi Vuong for a zone change from the SF-7, Single-Family Residential to MF-L, Multi-family Low Density District to allow for the placement of two multi-section manufactured homes in the backyard, for property located at 1212 Smith Lane and subject to the following conditions and/or UDC requirements: • The property will maintain the Special Mobile Home Area Overlay (SMHAO). • The manufactured housing units will need to be placed a minimum of 10 feet apart from each other and from other accessory structures, including those in adjacent properties (2015 IRC: Table R302.1(1) & Sec. R202). • Sidewalk installation will be required as part of any building or mobile home parking permit (UDC 7.1.2) 19 20 Photos of subject property 21 Residential Ocurrence 22  PLANNING MEMO COMMENTS SUMMARY ZC 19-37 1212 SMITH LANE Deadline: 5/13/19 City of Farmington Departments CD Director CD Addressing – Planning Division The manufactured housing units will need to CD Chief Building Official – D. Childers be placed a minimum of 10 feet apart. CD Long Range Planner CD MPO CD Oil & Gas Inspector – L. Simms CITY City Manager’s Office – J. Baird No comment Customer Care Manager – L. ELEC Richardson ELEC Electrical Engineering – L Aligarbes No comment ELEC T & D – R. Romero FIRE Fire Captain – K. Rix FIRE Fire Marshall – B. Vega No comment LEGAL City Attorney – J. Breakell No comment LEGAL Deputy City Attorney – E. Wayne POLICE Code Compliance – M. Romero No comment POLICE Sergeant – P. Flores PRCA S. Reeves/ R. Crosby No comment PRCA ORII – C. Styron No comment PW City Engineer – N. Westerling PW No comment regarding the zone change. However, sidewalk installation will be required Engineering – T. Sitta as part of any building or mobile home parking permit in accordance with City Ordinance Section 7-1-2. PW Streets Superintendent PW Traffic Engineer – I. BlueEyes No comment PW Water/Waste Water – M. Tso No comment Other Entities New Mexico Gas Company – R. Castillo No comment CenturyLink – D. Willato Enterprise Field Services Comcast Cable – M. Johnson CH2MHILL OMI Surface Land Negotiator for BP – M. Venzara Farmington School District – C. Lyons 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  MINUTES PLANNING & ZONING COMMISSION May 16, 2019 The Planning and Zoning Commission met in a regular session on May 16, 2019 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 Joseph Mangum Cheryl Ragsdale Gary Smouse P&Z Members Absent: Elizabeth Lockmiller Mitch Sewell Cody Waldroup Staff Present: Francisco Alvarado Cindy Lopez Toni Sitta David Sypher Karen Walker Others Who Addressed the Commission: Felix Briones Tristan Hawkins Call to Order Chair Joyce Cardon called the meeting to order at 3:01 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 Freeman and seconded by Commissioner Ragsdale to approve the minutes of the April 25, 2019 P&Z Meeting. This motion was approved unanimously by an 8-0 vote. 1 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 19-33 Zone Change from LNC, Local Neighborhood Commercial to MU, Mixed Use 401 N. Auburn Avenue Planning & Zoning Commission Discussion of Petition ZC 19-33 on May 16, 2019 Associate Planner Francisco Alvarado presented the staff report for ZC 19-33, a request from Tristan Hawkins for a zone change from LNC, Local Neighborhood Commercial, to MU, Mixed Use, and for variances (1) to the rear yard setback from the required 15 feet to 5 feet, (2) to allow for one off-street parking space in the front yard area, and (3) to allow for an additional curb cut of 32 feet to access a proposed driveway with four parking spaces and two proposed, attached one-car garages for property located at 401 N. Auburn Avenue. Staff determined item (3) is not needed for this petition. This property is located in the Civic Center neighborhood of the MRA, Metropolitan Redevelopment Area. San Juan County Tax Assessor’s records show that the size of the property is 0.13 acres. The property was annexed into the City in 1901 and is considered to be a lot of record. There is a residential structure consisting of three rooms with separate entrances, and an additional storage room on the subject property. Multifamily dwellings are not an allowed use in LNC, the current district at this location, but they are allowed in MU, the proposed zoning district. The applicant would like to redevelop the subject property. He is proposing to build three residential units with three attached garages. Two garages will face Ross Street and one garage will face Auburn Avenue. Garage dimensions are proposed to be approximately 13 x 22 feet. Mr. Hawkins is also requesting a variance to reduce the rear yard setback from 15 feet to 5 feet. Additionally, he is requesting a variance to allow for one off-street parking space in the front yard area. Initially, staff considered the need for a variance for an additional curb cut of 32 feet on Ross Street, but upon further review, since the existing and proposed districts are nonresidential, the variance is not necessary if the proposed curb cut is less than 35 feet. 2 A zone change to MU would allow household living and commercial uses on the property. In the MU District, the maximum allowed units would be three for this property. The property owner would have to provide sufficient parking for residential uses and commercial uses. The parking requirements will vary depending on the proposed use. The applicant has expressed his interest for mainly residential use, with commercial use only if future tenants are able to comply with UDC regulations. The petitioner is proposing 2 two-bedroom units that will require (a total of) 3 parking spaces, and one 3-bedroom unit that will require 2 parking spaces. The total required off-street parking for the proposed residential use is five spaces. In the MU District, 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 pursuant to UDC, Unified Development Code, Section 3.11.4(A). Because the applicant would like to redevelop the property and maintain a similar layout to the existing structure or development, he is proposing to preserve the existing off-street parking driveway in the front yard. For this reason, the applicant is requesting a variance to allow for one existing off-street parking in the front yard. The applicant is requesting a variance to reduce the rear yard setback from 15 feet to 5 feet. Currently, the existing structure’s rear yard setback is approximately 12 feet and does not meet the required rear yard setback in the MU District. The 2020 Future Land Use Plan recommends OP, Office Professional for this property. However, the MRA Plan recommends MU. MU is located within 0.5 blocks from this property. The MRA Plan recommends a variety of uses that include Single Family, Multifamily, and light office uses. The MRA Plan concerning urban fabric and setbacks recommends relaxing the guidelines within the MRA to promote dense, pedestrian-friendly development, and says the City must determine the appropriate minimum setback and how to apply that setback based on the immediate local context. The City may choose to create an overlay zone within the MRA that eliminates minimum setbacks. Staff recommends approval of Petition ZC 19-33, a request from Tristan Hawkins for (1) a zone change from the LNC, Local Neighborhood Commercial District to the MU, Mixed Use District and (2) variances to the rear yard setback from 15 feet to 5 feet, and (3) to allow for one off- street parking area in the front yard area. Commissioner Freeman asked what the zoning was from Main Street to Apache Street on Auburn. Cindy Lopez said there is mostly LNC on Auburn with MU around the Civic Center area. There is also some single family and multifamily in the area. Some areas are legal nonconforming. Ms. Lopez said this is not a spot zoning issue as there is multifamily on the 3 west side. The petitioner is proposing to use the property primarily as multifamily, and is replacing what is currently existing with possibly a small commercial office space. Commissioner Langenfeld asked if a Residential Protection Overlay, RPO, would be required for this area. Ms. Lopez said RPO was designed for the Civic Center area to preserve the residential character of the neighborhood. This neighborhood on Auburn does not have a residential character as there are several businesses in the area. Ms. Langenfeld questioned whether there would be enough parking if one of the units became an office. Ms. Lopez said there is off- street parking available and said there should be enough parking for an office. David Sypher, Acting Community Development Director, said it is difficult for staff to determine parking until the building permit stage. Parking requirements will need to be met at that time. Tristan Hawkins, 5009 Largo Street, said commercial use is not part of his plan at this time. He said he is asking for MU to accommodate someone who might want to work out of their home. Parking will not be an issue as there should be 8 spaces once construction is completed. Mr. Hawkins said he does not feel tenants will be using neighboring parking spaces. The units will be 2-levels, but plans have not been finalized yet. Felix Briones, 1017 Crestview Circle, practices law with his son Paul Briones next to the property in question. Mr. Briones said he is concerned about safety when entering and exiting his parking lot. He is concerned about the number of units and the number of cars that will be using the lot next to his property. For every person who rents a unit, there may be several cars. Mr. Briones said he is happy the property is being improved. Mr. Hawkins is trying to do the right thing, but Mr. Briones asked that his concerns be taken into account. Commissioner Mangum asked about the square footage of the existing building. Mr. Hawkins said the existing building is approximately 2,400 sq. ft. and there is currently only one off-street parking space. Commissioner Langenfeld asked what the square footage will be for each proposed units. Mr. Hawkins said each unit will be roughly 1,000 sq. ft. on 2 levels. Chair Cardon clarified that letters received from neighbors or others concerned are to be disregarded if the person does not attend the meeting. That is protocol. Ms. Lopez added that legally at a quasi-judicial hearing, all parties have the right to cross examine. Evidence has to be heard at the hearing so there is opportunity for cross examination. Letters and emails are not fair to the other party because the person cannot be cross examined. The letters and emails are included in the agenda book so the Commissioners know there are concerns. Planning & Zoning Commission Action of Petition ZC 19-33 on May 16, 2019 4 A motion was made by Commissioner Brown and seconded by Commissioner Ragsdale to approve Petition ZC 19-33, a request from Tristan Hawkins for a zone change from LNC, Local Neighborhood Commercial, to MU, Mixed Use, and for variances (1) to the rear yard setback from the required 15 feet to 5 feet, and (2) to allow for one off-street parking space in the front yard area for property located at 401 N. Auburn Avenue. AYE: Chair Cardon, Commissioners Brown, Davis, Freeman, Langenfeld, Mangum, Ragsdale, and Smouse. NAY: None Abstained: None Absent: Commissioners Lockmiller, Sewell, and Waldroup. Motion passed 8-0 Business from the Floor: There was no business from the Floor. Business from the Chair: Chair Cardon welcomed new Planning & Zoning member Gary Smouse. Business from the Members: There was no business from the Members Business from Staff: David Sypher mentioned that Cindy Lopez is working temporarily with Community Development until a new Planning Manager can be hired. Adjournment: With no further business and a motion by Commissioner Davis and seconded by Commissioner Ragsdale, the Planning and Zoning Commission meeting of May 16, 2019 was adjourned at 3:47 p.m. ____________________________ _____________________________ Joyce Cardon Karen Walker Chair Administrative Assistant 5