Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive February 27, 2020 - 3:00 p.m. Item Page 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the January 30, 2020 P&Z Meeting 14 4 Petition No. ABD 20-08 – a request from David Koury, representative for Joe G 1 Maloof Realty, property owner, for abandonment of a City alley way. Current zoning is GC, General Commercial and the adjacent property address is 1801 Bloomfield Highway. This abandonment request is connected with the Watson Commercial Subdivision Replat. (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, March 10, 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 ABD 20-08 Abandonment of a portion of an unnamed City alleyway running parallel to the western property line of 1801 Bloomfield Highway. A. STAFF REPORT, February 27, 2020 PROJECT INFORMATION Applicant Joe G. Maloof Realty Representative David Koury/Cecil Tullis Date of January 29, 2020 Application Requested Action Abandonment of an unnamed City alleyway Location To the west of 1801 Bloomfield Hwy, R0025533 Existing Land Use Commercial building Existing Zoning 1801 Bloomfield Hwy is zoned GC – General Commercial Surrounding North: GC – General Commercial Zoning & Land South: GC - General Commercial Use East: GC – General Commercial West: GC – General Commercial Publication of Notice for public hearings of the Planning and Zoning Commission and City Council appeared in the Daily Times on Sunday, February 9, 2020. Property owners within 100 feet were sent notice by certified mail on Thursday, January 31, 2020 and a sign was posted on Friday, February 14, 2020. Staff Planner Beth Escobar, Planning Manager STAFF ANALYSIS Background The petitioner initially submitted a summary plat application (SP 20-04) to reconfigure lots in the Watson Commercial Subdivision. As part of this, the petitioner has submitted a request to abandon a portion of the alleyway that currently transects two of the parcels to be consolidated.  City of Farmington 2 SUP 20-08 City alleyway abandonment Figure 1. Aerial View Alleyway to be abandoned  City of Farmington 3 SUP 20-08 City alleyway abandonment The portion being requested to be abandoned is approximately 4,800 square feet in area. Only a section of the alleyway to the edge of the existing cul-de-sac is included in the abandonment request. Abandonment of this portion of alleyway will not impact access for any of the surrounding properties.  City of Farmington 4 SUP 20-08 City alleyway abandonment Consistency with the Comprehensive Plan Figure 3. Future Land Use Plan The subject The property adjacent to the alley way is designated as Commercial in the 2020 Future Land Use Map Unified Development Code (UDC) Pursuant to UDC 8.8.7A Abandonment/vacation plat application process, “an abandonment/vacation plat shall be required where a resubdivision or replat vacates or relocates any street, alley, or other public right-of-way”. Pursuant to UDC 8.8.7C, City Council shall review and have final action on the abandonment/vacation plat. Abandonment/Vacation Plat Criteria – UDC Section 8.8.7.D. In determining whether to approve, approve with modifications, or deny the proposed abandonment/vacation plat, the City shall consider the following criteria: 1. Consistency with the comprehensive plan: The Comprehensive Plan does not specifically address abandonment of City property. The Comprehensive Plan does encourage the City to pursue compliance with the Unified Development Code. The abandonment would bring the subject property into compliance since it appears the existing structure and related parking currently encroach into the right-of-way. 2. Transportation and circulation needs of nearby property, the neighborhood and the city:  City of Farmington 5 SUP 20-08 City alleyway abandonment Abandonment of this alley way should have no impact on the nearby properties. The reconfiguration of the parcels provides direct access to a dedicated City street. 3. Right-of-way needs relative to sewer, water, and stormwater facilities. All City of Farmington Utility Departments and New Mexico Gas and Century Link have reviewed the proposed abandonment and have no issues. STAFF CONCLUSION Staff concludes approval of Petition SUP 20-08 is appropriate. Abandonment of an unused alleyway will resolve a non-conforming issue related to building and parking placement. The alleyway to be abandoned does not currently provide access to property owned by anyone other than the petitioner. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition SUP 20-08, a request from Joe G. Maloof Realty to abandon the alleyway that currently transects two parcels to be consolidated with the following condition: 1. An abandonment/vacation plat shall be recorded in the office of the San Juan County Clerk within (1) year from the date of approval of City Council.  City of Farmington 6 SUP 20-08 City alleyway abandonment  City of Farmington 7 SUP 20-08 City alleyway abandonment  City of Farmington 8 SUP 20-08 City alleyway abandonment  City of Farmington 9 SUP 20-08 City alleyway abandonment  City of Farmington 10 SUP 20-08 City alleyway abandonment  City of Farmington 11 SUP 20-08 City alleyway abandonment  City of Farmington 12 SUP 20-08 City alleyway abandonment  City of Farmington 13 SUP 20-08 City alleyway abandonment  MINUTES PLANNING & ZONING COMMISSION January 30, 2020 The Planning and Zoning Commission met in a regular session on January 30, 2020 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. P&Z Members Present: Chair-Joyce Cardon Vice Chair-Clint Freeman Kristin Langenfeld Elizabeth Lockmiller Cheryl Ragsdale Mitch Sewell Gary Smouse P&Z Members Absent: Ryan Brown Shay Davis Wayne Mangum Cody Waldroup Staff Present: Beth Escobar Elizabeth Sandoval Others Who Addressed the Commission: Michael Smith 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 Smouse to approve the minutes of the December 12, 2019 P&Z Meeting. This motion was approved unanimously by a 7-0 vote. Swearing in of Witnesses Elizabeth Sandoval, Administrative Assistant, swore in all parties that wished to speak on behalf of any agenda items. Page 1  CONSIDERATION & RECOMMENDATION SUP 20-01 Special Use Permit to allow for the operation of a home mortgage loan company on developed 0.17 acre parcel in the LNC, Local Neighborhood Commercial District, 211 N. Auburn Ave. Planning & Zoning Commission Discussion of Petition SUP 20-01 on January 30, 2020 Beth Escobar, Planning Manager, presented the staff report for SUP 20-01, a request from Michael Smith, property owner, for a special use permit to allow for the operation of a home mortgage loan company in the LNC, Local Neighborhood Commercial District, located at 211 N. Auburn Ave. Loan companies are permitted by right in the GC – General Commercial Zoning District but are required to obtain a Special Use Permit in the LNC – Local Neighborhood Commercial. The subject parcel is located in the Mahany Tract of the Ross’s Second Addition Subdivision platted in 1905. The subject property has an existing structure constructed in 1975 and renovated in 1994. The property is used as a commercial rental. Access to the property is from N. Auburn onto an alley between 201 and 211. The applicant owns the property directly to the north which is currently occupied by a real estate office. The 2002 Comprehensive Plan indicates this area is appropriate for mixed-use development which combines business and residential uses in the same neighborhood. The proposed use at the subject property complies with this designation. The purpose of a Special Use Permit is to allow for discretionary approval of uses with unique operating characteristics. Some loan businesses, such as payday loans, can be an intensive, high traffic use not compatible with a neighborhood location. Union home mortgage, the proposed tenant at 211 N. Auburn Ave. is a full service mortgage company and does not process payday loans. If granted, this special use permit for a commercial business would be transferable to future owners. Page 2 The subject property is located in an area with existing office and residential uses. The addition of a home mortgage company would not have a negative impact on the surrounding neighborhood. Existing circulation and parking is harmonious with the character of the surrounding area and meets the requirements of the Unified Development Code. The proposed use should have minimal impact on existing infrastructure. There are eleven properties within the effected area, two of these properties are owned by the Petitioner. Staff concludes approval of Petition SUP 20-01 is appropriate. The subject property has been used as a commercial rental for an extended period of time. Minimum lot size and setback requirements do not conform to the Local Neighborhood Commercial standards, however, the lot is determined to be legal, non-conforming. Lot coverage and minimum parking requirements and building setbacks comply with the Unified Development Code. Operation at this location of a home mortgage company is compatible with the surrounding neighborhood and meets the intent of the Local Neighborhood Commercial District to accommodate neighborhood-oriented, low-intensity retail sales and services. The Community Development Department recommends approval of Petition SUP 20-01, a request from Mike Smith to allow for operation of a home mortgage loan company at 211 N. Auburn Avenue, a 0.17-acre property located at 211 N. Auburn Avenue, Tax ID # R0030042. Ms. Escobar asked if there were any questions. Commissioner Freeman asked if the applicant is the owner and if the owner sells the property is the SUP transferable. Ms. Escobar responded that the applicant is the owner and that the SUP is transferable. Commissioner Freeman asked if the SUP could specify that it is only for a home mortgage loan company and not for payday loan companies. Michael Smith, 102 E. Nambe, Farmington, NM, asked if loan company was primarily put in the code so payday loans and title loan companies would not be located in local neighborhood Page 3 areas and if small loan companies, such as Security Finance, are considered payday loan or title loans. Ms. Escobar responded that if they list it as a service they offer, then yes. Ms. Escobar also stated that payday loan and title loan companies are not prohibited, but do have to go through the SUP process. Planning & Zoning Commission Action of Petition SUP 20-01 on January 30, 2020 A motion was made by Commissioner Freeman and seconded by Commissioner Smouse to approve Petition SUP 20-01, a request from Michael Smith, property owner, for a special use permit to allow for the operation of a home mortgage loan company in the LNC, Local Neighborhood Commercial District, located at 211 N. Auburn Ave., with the condition that the SUP will apply to home mortgage companies and will exclude payday loans. Michael Smith, petitioner, asked if the SUP applied to home mortgage or union home mortgages. Ms. Escobar stated that it was home mortgage only. Commissioner Langenfeld asked if the loan type language had been covered. Ms. Escobar said that she could not think of anything else. Commissioner Freeman stated that clarification to his motion could be made that the language could state that the SUP only covered home mortgage companies and excluded payday loans, vehicle title loans or anything similar. Commissioner Smouse agreed to the amendment motion. AYE: Chair-Joyce Cardon, Commissioner Freeman, Commissioner Langenfeld, Commissioner Lockmiller, Commissioner Ragsdale, Commissioner Sewell, Commissioner Smouse NAY: None Abstained: None Absent: Commissioner Brown, Commissioner Davis, Commissioner Mangum, Commissioner Waldroup Page 4 Chair Cardon stated this petition will go to City Council on Tuesday, February 11, 2020. 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: Ms. Escobar stated that City Council denied SUP 19-94, Elizabeth Jill Glover’s petition for keeping of two horses on 1.98 acres parcel, located at 5302 Marcy Place, at the January 14, 2020 City Council meeting. The vote was 3-1, 2 Council members thought the keeping of horses was not appropriate in that neighborhood and 1 Council member did not support the application. Ms. Escobar also stated that the Main Street Project has started, with the contract being awarded to AUI, a New Mexico company. Ms. Escobar stated that updates about the project are provided online on the City’s webpage. Ms. Escobar announced that there is an Abandonment Petition set for the February 27, 2020 P&Z meeting. Adjournment: With no further business and a motion by Commissioner Langenfeld and seconded by Commissioner Freeman, the Planning and Zoning Commission meeting of January 30, 2020 was adjourned at 3:21 p.m. ____________________________ _____________________________ Joyce Cardon Elizabeth Sandoval Chair Administrative Assistant Page 5