Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive December 12, 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 November 14, 2019 P&Z Meeting 15 4 Petition No. ZC 19-94 - a request from Elizabeth Jill Glover for a special use 1 permit to allow for two horses on 1.98 acres of property in the SF-10, Single- family District located at 5302 Marcy Place. (Beth Escobar) 5 Business from: Floor: Chairman: Members: Staff: 6 Adjournment The recommendation of the Planning and Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, January 14, 2020. 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 SUP 19-94 Special Use Permit to allow for the keeping of two horses on a 1.98-acre parcel located at 5302 Marcy Pl A. STAFF REPORT, December 12, 2019 PROJECT INFORMATION Applicant Elizabeth Jill Glover Representative Date of November 12, 2019 Application Requested Action Approval of a special use permit to allow for the keeping of two horses on a 1.98-acre parcel. Location 5302 Marcy Place (newly assigned address) R4009819 Existing Land Use Vacant - Applicant plans to construct a new home and barn on the property Existing Zoning SF-10, Single family residential Surrounding North: SF-10, Single family residential Zoning & Land South: SF-10, Single family residential Use East: SF-10, Single family residential West: SF-10, Single family residential Notice Publication of Notice for public hearings of the Planning and Zoning Commission and City Council appeared in the Daily Times on Sunday, November 24, 2019. Property owners within 100 feet were sent notice by certified mail on Wednesday, November 20, 2019 and a sign was posted on Friday, November 22, 2019. Staff Planner Beth Escobar, Planning Manager STAFF ANALYSIS Background The applicant, Jill Glover, is requesting a Special Use Permit to allow for the keeping of two horses on her 1.98-acre parcel in the A.T. Hogan Addition First Extension Replat B.  City of Farmington 17 SUP 19-94 5302 Marcy Place PLANNING MEMO COMMENTS SUMMARY SUP 19-94 XX 5302 MARCY PLACE Deadline: l l/28/19 City of Fa rmin�ton Deoartments CD Director CD Addressing-Planning Division 1- Any structure or fence constructed will CD Chief Building Official-D. Childers require a buildinJ:?: permit. 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 No comment ELEC T & D - R. Romero FIRE Fire Captain- K. Rix FIRE Fire Marshall-B. Vega No comment LEGAL City Attorney- J. Breakell LEGAL Deputy City Attorney- E. Wayne The property will have to be properly maintained to POLICE Code Compliance- M. Romero avoid the manure smell from over accumulation. POLICE Sergeant - S. Goodsell No comment PRCA S. Reeves/ R. Crosby No comment PRCA ORII - C. Styron PW City Engineer-N. Westerling PW There is a natural drainage (arroyo) channel that runs through the NE corner of the property. This arroyo has not been mapped for the potential impacts of flooding (not included in the FEMA-delineated floodplain boundaries); however, all defined surface water conveyances, arroyos, and other surface water channels are subject to periodic, flash flooding (please see map below). Any proposed development within a natural drainage Engineering-T. Sitta way will be required to include a drainage and grading plan, completed by a licensed professional engineer, to reasonably mitigate potential hazards due to flooding and to preserve the primary function of the natural drainage way. If such mitigation cannot be reasonably mitigated, development may be prohibited within the drainage way. (City of Farmington Unified Development Code Section 5.7-Drainage Natural or Historic Drainage ways)  MINUTES PLANNING & ZONING COMMISSION November 14, 2019 The Planning and Zoning Commission met in a regular session on November 14, 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 Elizabeth Lockmiller Wayne Mangum Cheryl Ragsdale Mitch Sewell Cody Waldroup P&Z Members Absent: Kristin Langenfeld Mitch Sewell Gary Smouse Staff Present: Beth Escobar Toni Sitta David Sypher Karen Walker Others Who Addressed the Commission: Carl Cordell Chuck Hagan 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 Mangum to approve the minutes of the October 24, 2019 P&Z Meeting. This motion was approved unanimously by an 8-0 vote. Swearing in of Witnesses Karen Walker swore in all parties that wished to speak on behalf of any agenda items. CONSIDERATION & RECOMMENDATION ZC 19-89 Zone change from IND, Industrial to GC, General Commercial 4109 E. Main Street Planning & Zoning Commission Discussion of Petition ZC 19-89 on November 14, 2019 Planning Manager Beth Escobar presented the staff report for ZC 19-89, a request from Halliburton Oil Well and Cementing Co., represented by Chuck Hagan with Dimmick Realty, for a zone change from IND, Industrial to GC, General Commercial for 9.94 acres located at 4109 E. Main Street. There is no specific development attached to this request. Halliburton is in the process of relocating and preparing the property for sale. General Commercial zoning makes the property more marketable. The property has been used as an Industrial lot for over 10 years. The properties to the north, south, and west are zoned GC, General Commercial. There is a parcel to the east that is zoned IND with SF, Single-family behind that. The single-family section is accessed through Gila Street. The Comprehensive Plan’s 2020 Future Land Use Map recommends the subject area as commercial. Staff concludes the zone change to GC is appropriate for ZC 19-89. The request supports the objectives of the Land Use and Development objective 4 of the Comprehensive Plan, and the Economic Development section of the Municipal Code. The proposed zone change is compatible with the land uses and character of the area along the east Main Street corridor. Residential protection requirements with buffering, screening, and increased setbacks would be enforced for any new commercial development on the property. Any required site improvements and infrastructure upgrades would be identified at the time of redevelopment. The request does not constitute spot zoning, as GC is consistent with the area. The Community Development Department recommends approval subject to the following conditions/UDC requirements:  1. All commercial development shall abide by the City’s Unified Development Code (UDC) Section 5 – Development Standards. The UDC Development Standards address issues such as parking, access management, screening, drainage, residential protections, etc., for all commercial development. Development Standards are required to be included with any development permit (building permit), as part of the design and site plan submittal. No building permit can be issued until the conditions of the UDC Section 5 are met and no certificate of occupancy can be approved until all improvements are constructed. 2. All non-residential development requires a grading and drainage plan, prepared by a New Mexico Licensed Engineer, as part of any building permit. This shall be submitted and approved prior to the issuance of a building permit. 3. Easements for existing water/wastewater infrastructure shall be granted to the City prior to redevelopment of the property. Due to holiday scheduling, if the Commission decides to move this petition forward, it will be heard at the November 19, 2019 City Council Work Session at 9:00 a.m. in the Executive Chambers at City Hall. Commissioner Freeman asked if the other IND property to the east would be a spot zone. Ms. Escobar said that property could remain IND, and rezoning the Halliburton property will not threaten the zoning rights of the property to the east. Chair Cardon asked if a problem would be created due to noise from the IND property to the east. Ms. Escobar explained buffering that would address noise issues. Commissioner Freeman asked if the City should approach the IND property owners to the east about rezoning. Ms. Escobar responded that direction could be taken from the City Council. Chuck Hagan, 3555 E. Main Street, Dimmick Realty, said the property is under contract with a development group and he anticipates a commercial venture. Mr. Hagan submitted a preliminary development plan that includes a few box stores and restaurants for the area. Carl Cordell, 703 N. Vine Avenue, asked if the property would be undergoing chemical cleanup. Chair Cardon said the property owners would need to follow City Code if cleanup is required. Mr. Hagan said the property is under contract and any lender would require the property to be clean to Phase 1 and Phase 2 standards. Mr. Hagan said Halliburton had worked on remediating the property. A Phase 2 environmental audit is in progress. A condition of closing on the property is that the property be clean of chemicals. Planning & Zoning Commission Action of Petition ZC 19-89 on November 14, 2019 A motion was made by Commissioner Waldroup and seconded by Commissioner Freeman to approve Petition ZC 19-89, a request from Halliburton Oil Well and Cementing Co., represented by Chuck Hagan with Dimmick Realty, for a zone change from IND, Industrial to GC, General Commercial for 9.94 acres located at 4109 E. Main Street, subject to the following conditions/UDC requirements: 1. All commercial development shall abide by the City’s Unified Development Code (UDC) Section 5 – Development Standards. The UDC Development Standards address issues such as parking, access management, screening, drainage, residential protections, etc., for all commercial development. Development Standards are required to be included with any development permit (building permit), as part of the design and site plan submittal. No building permit can be issued until the conditions of the UDC Section 5 are met and no certificate of occupancy can be approved until all improvements are constructed. 2. All non-residential development requires a grading and drainage plan, prepared by a New Mexico Licensed Engineer, as part of any building permit. This shall be submitted and approved prior to the issuance of a building permit. 3. Easements for existing water/wastewater infrastructure shall be granted to the City prior to redevelopment of the property. AYE: Chair Cardon, Commissioners Brown, Davis, Freeman, Lockmiller, Mangum, Ragsdale, and Waldroup NAY: None Abstained: None Absent: Commissioners Langenfeld, Sewell, and Smouse. Motion passed 8-0 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: Beth Escobar noted the City Councilors upheld the decision of denial for Petition ZC 19-82. Ms. Escobar said on either January 23 or January 30, 2020 there will be TED talk type event on the Comprehensive Plan Update at the Civic Center. Ms. Escobar distributed a handout on a survey for the Commissioners to participate in concerning the Comprehensive Plan Update. Adjournment: With no further business and a motion by Commissioner Davis and seconded by Commissioner Waldroup, the Planning and Zoning Commission meeting of November 14, 2019 was adjourned at 3:22 p.m. ____________________________ _____________________________ Joyce Cardon Karen Walker Chair Administrative Assistant