Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive September 10, 2020 - 3:00 p.m. This meeting will be held virtually using Zoom at https://us02web.zoom.us/j/89047631061 Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the August 13, 2020 P&Z Meeting 4 Draft UDC Updates – Discussion, possible action, regarding proposed revisions to the 2007 Unified Development Code. (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, September 22, 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.  MINUTES PLANNING & ZONING COMMISSION AUGUST 13, 2020 The Planning and Zoning Commission met in a regular session on August 13, 2020 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. P&Z Members Present: Ryan Brown Chair-Joyce Cardon Shay Davis Vice Chair-Clint Freeman Cheryl Ragsdale Mitch Sewell Gary Smouse P&Z Members Absent: Elizabeth Lockmiller Wayne Mangum Cody Waldroup Staff Present: Andrea Jones Beth Escobar Elizabeth Sandoval Others Who Addressed the Commission (Via Zoom Virtual Platform): None 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 & Approval of the Agenda There were no changes to the agenda. A motion was made by Commissioner Davis and seconded by Commissioner Freeman. A roll call vote was taken and this motion was approved unanimously by a 7-0 vote. Approval of the Minutes A motion was made by Commissioner Ragsdale and seconded by Commissioner Smouse to approve the minutes of the February 27, 2020 P&Z Meeting. A roll call vote was taken and this motion was approved unanimously by a 7-0 vote. Swearing in of Witnesses There were not petitions being heard at this meeting. There were no witnesses to swear in. Draft UDC Updates Beth Escobar, Planning Manager, presented the Draft UDC (Unified Development Code) Updates to the commission. COMMUNITY WORKS STAFF REPORT REVISIONS TO THE UNIFIED DEVELOPMENT CODE Review of proposed revisions and updates to the Unified Development Code STAFF REPORT – August 13, 2020 Summary The Unified Development Code (UDC) is the regulatory document for public and private development within the City of Farmington. The last update to the UDC was in 2007. Staff has been working for a year on updates and revisions to the current code. The proposed revisions include: General Changes • Formatting changes to make the code more attractive and readable. • Hyperlinks will be imbedded in the code to allow toggling to cross-referenced sections. • Revisions have been made to conform to changes in state and federal regulations. • Blanket revision that allows the Director to appoint a designee Highlights of changes to specific Articles include: • Section 2 – Use Regulations o Allow for the keeping of fowl as a permitted use. o Allow existing setbacks to be retained when older mobile/manufactured homes are replaced.  o Add language excluding certain sales in Residential and Office Professional Zoning Districts. This is recommended to address possible future legalization of marijuana retail sales. o Add language for small cell wireless deployment in Central Business District. These guidelines were approved by the Metropolitan Redevelopment Agency on January 21, 2020. o Add section for Mobile Food Units. This will incorporate language from Article 13 of the City of Farmington Municipal Code, adopted by Ordinance 2016-1293. o Revise regulations related to Accessory Structures to address issues regarding placement, size, and maximum number of structures. o Allow separate utility meters for apartments and guesthouses. • Section 4 –Overlay and Special Purpose Districts o Exempt manufactured homes in the Special Mobile Home Area Overlay from the requirement for a paved driveway. • Section 5 – Development Standards o Add language requiring incorporation of irrigation best practices. o Add a first flush requirement for stormwater management. o Sign regulations: o Entire Section has been revised for clarity. o Revise entire sign code to comply with the Supreme Court ruling in Reed v. the City of Gilbert prohibiting regulations based on content of sign. o Revise wording for political signs to only allow in certain locations with approval by City Council. o Apply outdoor lighting regulations to all development, not just those adjacent to residential. • Section 6 – Subdivision Standards o Add language regarding lot of record. o Revise sidewalk requirements (these changes are still being discussed by staff). o Recommended changes to clarify development requirements. • Section 8 – Administration and Procedures o Remove the requirement each petitioner submit a title report. This can add a cost of $ 200–$500 to the project. Staff can verify ownership of property within 100 feet through the San Juan County Assessor’s office GIS mapping program to comply with notification process. The right to require a formal title report will be reserved for complicated or controversial applications. o Add acceptance of lot consolidation through a warranty deed or recorded legal survey. A table detailing all proposed revisions is attached. Comprehensive Plan Update Staff has worked with the Comp Plan Update consultants to ensure the proposed revisions are integrated with the comprehensive plan. Administrative Review Board (ARB) On March 5, 2020 staff presented specific UDC recommended changes to the ARB. This discussion was related to recent variance requests heard by the Board and included the allowance of a second electric meter on apartments. Per Sections, 2.5.4.E Apartments and 2.5.8.A.3 Guesthouses of the Unified Development Code (UDC) installation of separate utility meters is prohibited. By definition in the UDC, apartments may be rented upon approval of a Special Use Permit and guesthouses may only be used for temporary occupation by family and friends. Guesthouses do not currently require a special use permit. The prohibition against individual meters on apartments and guesthouses is designed to prevent illegal conversion of these accessory residential structures into rentals units. The ARB had a detailed discussion of these changes at their March 5 meeting. The recommendation of the Board was to require an administrative approval for both apartments and guesthouses. Approval of a second meter would be handled through the administrative process. The Board supported the additional proposed revisions. A copy of the minutes is included with this report. Internal Review An internal review has been completed by the Engineering and Building Divisions. Some items related to the subdivision development requirements are still under discussion. The draft of the UDC update is currently being reviewed by the Legal Department. Proposed Schedule for Adoption Planning & Zoning Commission • August 13 – Work session to introduce draft changes (Virtual Meeting) • August 27 – Work session for further discussion of draft changes (Virtual Meeting) • September 10 – Public Hearing to review and recommend adoption of draft  City Council • September 15 – Work session to introduce draft changes • September 22 – Public Hearing to adopt recommended changes Public Comment Two Legal Notices will be published in the Farmington Times regarding the September 10 public hearing. Copies of the revised draft will be available for review in the Community Works lobby and City Hall. A copy will be posted on the Planning Division’s webpage. In addition, staff has reached out to local engineering and surveying companies for their input on the proposed changes. Action This is a discussion item only. Staff is requesting input from the Commission on the proposed changes, identification of any clarification or additions needed, and the adoption schedule. Attachments: 1. Table of Proposed Updates/Changes to the Unified Development Code 2. Minutes from the March 5, 2020 ARB meeting 3. Draft of revised Section 5.8 - Signs Attachment 1: Article Section Change Explanation Table of Contents Expand with hyperlinks to all major segments 1 – Introductory 1.9.1 Transitional Change dates to reflect Provisions Provisions adoption of new code 2 – Use 2.1.1 Districts Reformat table to delete Regulations established ‘new’ information from 2007. Insert minimum lot size as quick reference. 2.1.2 Zoning District Delete table Not current Hierarchy 2.1.3 Establishment of Eliminate former name, special purpose and add hyperlinks to overlay overlay zoning districts section Delete dated comments 2.3.2 Temporary Uses Add clarification for Temporary buildings temporary buildings consistent with use per zoning require a building permit not a Temporary Article Section Change Explanation Use Permit Table 2.3 Permitted Use Add hyperlinks to Sections Table Add Mobile Food Units Change carwashes back to See 2.4.13 amendments a permitted use in Site Plan requirements Commercial and Industrial should address Zoning Districts. Would residential protection apply to new development issues only. Separate livestock and Per City Attorney fowl, add fowl as a permitted use in all districts 2.4.2 Agriculture Add language re State of Includes hemp as an New Mexico agricultural crop Add language re code compliance 2.4.7 Animals or Fowl Add fowls as permitted use Add requirement for To be submitted with drainage narrative, waste Special Use Permit management plan and watershed protection plan. 2.4.8.B Assisted Living Delete requirement for Limits location, plus and Nursing Homes assisted living facilities to recent facilities have have direct access to a been permitted without collector or arterial this access - Welbrook 2.4.13.C Car Washes Add language requiring use Would apply to all new of reclaimed water by new or expansion per Section car washes 9.2 of the UDC 2.4.16.D Day Care Modify language about Consistent with NM Centers fence height regulations 2.4.32.D.f Mobile Homes Allows existing setbacks to Removes deterrent to and Manufactured be retained when old upgrade older units Homes mobile/manufactured units are replaced 2.4.49.A.(2) Single-family Add language tying Allows for potential and duplex dwellings minimum square footage future ‘tiny homes’ if to Building Code state modifies code 2.4.51 Small local retail Add language excluding Eliminates more or service certain sales in residential impactful sales such as establishments in and OP tobacco, vape, CBD (in residential and OP preparation for possible Districts legalization of marijuana sales) 2.4.56.M.11 Add language for small cell Based on guidelines Article Section Change Explanation Telecommunication wireless deployment in adopted by the MRA on Facilities historic district February 18, 2020 2.4.57 Upper story Allow upper-story residential residential to continue even if a commercial use is not in existence on bottom floor. 2.4.59.C Vehicle repair, Add clarification for 200 feet distance is paint and body shops distance measurement required, but code doesn’t specify how to measure 2.4.66 – New Section Add section for Mobile Add clarification about Food units power source 2.5.2.B Accessory uses Convert accessory Consistency of the code and structures structure calculations to lot and ease of coverage maximum. Set 20 enforcement. as maximum average Add to definitions: height as calculated by accessory structure code. (Not peak height) consistent with building code, structure-must include a roof, not apply to pools, patios, hot tubs, shade sails. 2.5.4 Apartments Allow separate electric Apartments require a meters for apartments special use permit and (ARB recommendation is may be rented-not to require an allowing separate meters administrative review of does not make sense applications for apartments) 2.5.8 Guesthouses Allow separate electric Guesthouses, by meters for guest houses definition, are not rental (ARB recommendation is units. Many times to require an separate meters are administrative review of required due to use load. applications for Guest Require SUP for guest houses) houses per ARB direction. 2.5.9.H Home Remove language Conflicts with Section Occupations prohibiting signs for Home 5.8.7.A.13 which has Occupation Businesses regulations for Home Occupation signs-wall signs only will be permitted 2.5.10 Limited retail and See 2.4.51 service Article Section Change Explanation 2.8.3 Measurements and See 2.5 re accessory Consistency in code exceptions structures 3- Base Districts No changes 4 – Overlay and 4.5.6 Special Mobile Exempt manufactured Inhibits development of Special Purpose Home Area Overlay homes in the SMHAO from affordable housing Districts stem wall foundation requirement 5 – Development 5.2.3 – after table Add language regarding Allows flexibility in Standards reduction of required off design, reduces potential street parking is possible for over parking per Director’s review and approval 5.2.11.C.1 Parking Design Removes requirement for Adds cost burden, Standards-Surfacing and paving of parking areas for impedes development of maintenance replacement of residential affordable housing units 5.2.11.C.(2) Parking Adds requirement for Ensures retention of Design Standards planning division review correct number of and approval of regular and ADA parking commercial/industrial spaces and location of parking lot resurfacing ADA spaces. 5.3.3.A.3 Driveways and Gravel minimum for Paving requirement adds parking lot access driveways for replacement cost burden that may Mobile and Manufactured prevent Homes upgrade/replacement of pre 1976 units 5.3.6.B Corner setbacks Redo graphics to be Will use NMDOT graphic and intersection visibility consistent with code 5.5.6.D Parking Area Add landscape island Break up large stretches Landscaping requirement of every 15 of pavement. Code lineal parking spaces. Trees currently requires in islands shall have a terminal islands for every minimum height of eight 30 lineal parking spaces, (8) feet of clearance from this change would the ground to the canopy. require an island at the Applies to new halfway point. development only 5.5.8.B Irrigation Add language requiring Language is broad to incorporation of irrigation encourage participation best practices and flexibility 5.6.4.C Flood Hazard Update FIRM info 5.7.3.B.5 Supplementary New construction shall To prevent accumulated drainage requirements incorporate on-site first sanitary solids and flush retention practices pollutants from entering stormwater system per the City’s Stormwater Article Section Change Explanation Management Plan 5.7.3.B.6 Supplementary Encourage rainwater drainage requirements harvesting Align with Section 6.4.14 No conflict Drainage regulations for subdivision 5.8.3 Signs allowed Add clarification regarding without a permit murals F. 5.8.3.G and 5.8.7.A.3.a.3 Remove references to To bring sign code into commercial message compliance with Reed v. Gilbert 5.8.4.B Prohibited sins Allow for decorative string Not currently enforced lighting 5.8.4.G Removes portable signs We have not been from prohibited sign list enforcing this 5.8.6 Summary of Adds portable signs, permitted signs adopts standards-size, location, weighting requirements 5.8.7.A.13 Home Limit to wall signs only Business Signs 5.10.8 Outdoor Lighting Applies lighting code to all Would apply to new development, not just development only those adjacent to residential 5.10.8.A.2 Outdoor Update allowed lighting Conform with new FEUS Lighting sources standards 5.10.B.4 String lighting See 5.8.4.B 6 – Subdivision 6.3.C – E Building Lots Add language regarding lot Remove burden from Standards of record property owner to receive summary plat approval 6.4.3.E Engineering and Exempts existing lots in Check with Nica – Construction Standards developed subdivisions sidewalk ordinance 1969 from having to put in applied only to sidewalks/curbs and gutter subdivisions 6.4.7.J.2 Geometric Change from back of curb standards to face of curb 7 – Review and Director to Director or Decision Making designee and Bodies Community Development to Community Works changes only 8 – Administration 8.1.3. B & C Minimum Remove the requirement Article Section Change Explanation and Procedures Submission for title report except in Requirements certain cases 8.8.5.A.1.C Summary Add acceptance of lot Subdivision Application consolidation through a process warranty deed or recorded legal survey 8.8.5.A.3 Summary Add exemptions to Subdivision Application summary plat process requirements. 9- Director to Director or Nonconformities designee changes only 10 – Violations, Director to Director or penalties and designee and Enforcement Community Development to Community Works changes only 11 – Definitions Under Review for Revise definition of completeness with structure entire code – definitions Revise definition of may be added. mobile home to eliminate dimension requirements 12- Index Will be reconfigured after all edits are reviewed/approved. 13 – Appendices No changes First Review-David Sypher Reviewed: DS/BE Date: 12/27/19 First Review-Derrick Childers Reviewed: DC Date: 2-18-20 First Review Engineering Reviewed: NW, TS & LBEH Date: 2-25-20 Updates since David’s Reviewed: DS/BE Date: 5-19-20 First review Specific interest for Rob Items needing further discussion by Staff First Review by Legal Reviewed: Date: Attachment 2: Administrative Review Board Meeting Minutes March 5, 2020 – 6:00 P.M. Revised The Administrative Review Board met in regular session on Thursday, March 5, 2020 at 6:00 p.m. in the City Council Chamber, 800 Municipal Drive, Farmington, New Mexico. Members present Chair James Dennis Brian Erickson Jeff Johanson Cindy Lopez Members absent: Paul Martin Staff present: Beth Escobar Elizabeth Sandoval Others addressing the Board: None Call to Order The meeting was called to order at 6:01 p.m. by Chair James Dennis and there being a quorum present the following proceedings were duly had and taken. Introduction of New Board Member Cindy Lopez was introduced as the new member of the Administrative Review Board. Approval of the Agenda A motion was made by Board Member Johanson and seconded by Board Member Erickson to approve the agenda. The motion passed unanimously by a vote of 4-0. Election of Officers A motion was made by Board Member Johanson to keep Chair Dennis as Chair and nominated Cindy Lopez as Vice Chair. The motion was seconded by Board Member Erickson. The motion passed unanimously by a vote of 4-0. Approval of the Minutes from the February 6, 2020 Regular Meetings Board Member Johanson made a motion to approve the minutes of the February 6, 2020 regular meeting. The motion was seconded by Board Member Erickson and passed unanimously by a vote of 3-0. Vice Chair Lopez did not vote because she was not a member of the board at the time of the February 6, 2020 meeting. Discussion regarding proposed changes to the Unified Development Code Beth Escobar, Planning Manager, presented a memo from the Administrative Review Board regarding proposed changes to the Unified Development Code. Ms. Escobar discussed the following: Second Meters for Apartments Per Sections, 2.5.4.E Apartments and 2.5.8.A.3 Guesthouses of the Unified Development Code (UDC) installation of separate utility meters is prohibited. By definition in the UDC, apartments may be rented upon approval of a Special Use Permit and guesthouses may only be used for temporary occupation by family and friends. The prohibition against individual meters on apartments and guesthouses is designed to prevent illegal conversion of these accessory residential structures into rentals units. As we have seen through recent variance requests, there are many situations where second utility meters are warranted for new construction and remodel projects. Installation costs, including underground trenching, can be prohibitive to the projects. Prohibiting meter installations on apartments and guesthouses to prevent conversion to rental units seems inefficient. An apartment that is officially approved through the Special Use Permit process is already allowed to be a rental. Installing a second meter so that the tenant pays the utility bills directly may be a preference of the landlord. In fact, any accessory structure can be converted to a rental unit by a property owner who is intent on skirting the regulations. A second meter is not necessary in these scenarios. The best way to control these types of illegal rentals is through neighbor complaints and consistent code enforcement. Since the prohibition to a second meter seems inefficient and unnecessarily burdensome to the property owner, staff is proposing to amend this section of the UDC: 2.5.4 Apartments (accessory). An apartment may be allowed as an accessory use to a single-family dwelling by special use permit, subject to compliance with the standards of this section. A. One accessory apartment may be allowed per single-family dwelling in the RE-2, RA, RE-1, RE-20, SF-10, SF-7 and SF-5 districts; provided, however that no lot shall have both an accessory guest house and an accessory apartment. B. Such apartments may either be "attached to" or "detached from" the principal single-family dwelling. C. Such apartments shall be similar in appearance and design to the principal structure, with respect to roof design and materials, siding materials and window treatments. D. Such apartments may be rented, but not sold, separately from the principal dwelling unit. E. Such apartments and the primary dwelling shall share utilities or have separate utility meters if approved through the Special Use Permit process. Apartments may have a kitchen. 2.5.8 Guesthouses. Guesthouses (a maximum of one) may be allowed as an accessory use to single-family dwellings, subject to compliance with the standards of this section. A. General. All guesthouses shall comply with the standards of this subsection. (1) Guesthouses may be utilized by guests and persons employed on-site by the resident family of the principal dwelling, and may not be rented or sold separately from the principal dwelling unit. (2) Notwithstanding other provisions to the contrary, guesthouses: a. Shall comply with the setback standards applicable to the primary dwelling; and b. May be built to the same height as otherwise allowed for the primary dwelling. (3) Guesthouses and the primary dwelling shall share utilities or have separate utility meters. Guesthouses shall not have a natural gas stub or 220-volt wiring in the kitchen area. Board Discussion: Board Member Lopez –Need to recognize the impact on the neighbors and take that into consideration when revising code. Our processes are about making sure it is equal for everyone, and we should not take that community voice away. There is no process to ensure neighborhood input Chair Dennis – Apartment are designed to be rented out to other entities. It needs to be zoned appropriately, needs a Special Use Permit. If it goes through this review process, it should have a separate meter. Is a guesthouse separate from the main structure? Planning Manager Escobar- Guesthouses can be included in the main structure or a separate structure. Chair Dennis – Need to give thought to Air B & B impact. How are we dealing with this? Planning Manager Escobar – Discussion regarding Air B & B is not on the agenda tonight. Vice Chair Lopez – Guesthouse is allowed by right, by allowing a second meter that could be marketed as a rental unit in the future. Okay with individual meters, but this is a back door for having an apartment without having to go through a Special Use Permit process. The process is not equitable. Chair Dennis – He agrees that neighborhood input is important. We also need to be aware of need for affordable housing units. Vice Chair Lopez – This is a responsibility to the neighbors. Guesthouses should be required to get a SUP if they want a second meter. Planning Manager Escobar – Requiring a SUP adds an additional burden for those people interested who want to have a guesthouse. Board Member Johanson - There is a public process involved when they ask for a second meter and come before the ARB. The Board discusses different scenarios for single-family homes with apartments and guesthouses. Planning Manager Escobar pointed out that properties without Special Use Permits cannot be marketed as having legal apartments. Chair Dennis – Asked if Planning reviews setbacks, parking and other issues when reviewing permits. Planning Manager Escobar responded yes. Chair Dennis – Can see many angles. Board Member Lopez asked that we consider removing the SUP for apartments and require an administrative review where the neighbors receive notification. Chair Dennis – Would just have administrative review for apartments with neighborhood notification? What if you have neighbors that don’t like you? Vice Chair Lopez – Staff would have to weigh neighbor input. Planning Manager Escobar – We would look at the same criteria used by the ARB. Are there public health or safety issues? This would carry a lot of weight. Chair Dennis – Do we require guesthouses and apartments be built to standards to preserve the integrity of the neighborhood? Planning Manager – Apartments must be built to match the primary residence per current code. We could carry this over to guesthouses. Vice Chair Lopez - Can a mobile home district have any accessory apartment? Detached can only go in certain districts. Chair Dennis – Parking of RV’s on adjacent lots occurs. How this different as a guesthouse. Planning Manager Escobar – RV’s do not qualify as guesthouses. Placement of new, or replacement of existing, mobile/manufactured homes Several issues have come up over the last year regarding the following regulations related to manufactured/mobile homes: UDC Section 5.3.3.A-requiring pavement of all parking areas UDC Section 6.4.3 – as interpreted to require sidewalks on all streets Manufactured and mobile homes are an affordable housing option in the area. Requiring paved driveways and installation of sidewalks prior to the placement of a new or replacement unit adds a substantial cost burden to property owners and becomes an impediment to affordable housing in the City. Staff is proposing the following modifications to the UDC to eliminate these requirements: 5.3.3 Driveways and parking lot access. All driveways and parking lot entrances and exits shall be subject to the approval of the Director or designee and the following requirements: A. Paving requirements. All required parking areas must be connected to a public street or alley by means of a driveway or private access easement. All driveways providing access to such parking areas shall be paved, except as follows: (1) In the RA district, RE-1 district, RE-2 district and RE-20 district, driveways shall be: a. Surfaced with a minimum of four inches of gravel road base, and b. Have a paved apron ten feet in depth and the width of driveways adjoining paved streets.  (2) Driveways accessing industrial yards, vehicle storage yards, car sale facilities or like uses, not including employee parking, which require outside or vehicular storage shall be: a. Surfaced with a minimum of four inches of gravel road base, and b. Have a paved apron 15 feet in depth and the width of driveways adjoining paved streets. (3) Driveways for properties with an existing mobile or manufactured home that replaced with a newer or upgraded unit shall consist of a compact surface such as gravel. 6.4.3 Engineering and construction standards. A. All required improvements, including but not limited to streets, sidewalks, trails and access ways, water and sewer, and drainage facilities, shall be designed by a licensed engineer registered in New Mexico in accordance with the requirements of the most recent City of Farmington "Design & Construction Standards with Technical Specification." B. All required improvements, including but not limited to streets, sidewalks, trails and access ways, water and sewer, and drainage facilities, shall be constructed in accordance with the most recent City of Farmington "Design & Construction Standards with Technical Specification." C. All streets, water, sewer, and drainage facilities shall be designed and constructed to, and through, the property in question in accordance with the requirements of this article. D. Where city standards do not specifically cover a design or construction issue, the director may enforce other recognized industry standards. E. Undeveloped lots in existing subdivisions where sales and construction have begun are exempt from the requirements of this Section. In addition to these recommended changes, relief from setback requirements is also under consideration: Board Discussion: Vice Chair Lopez: Agree, except wording should be corrected to ‘manufactured homes that are in place. It is a burdensome requirement to property owners. Chair Dennis – Agrees with the changes. Planning Manager Escobar – So does the Board support waiving parking and sidewalk requirements? The Board agreed. 2.4.32. D. Dimensional standards. All principal and accessory structures shall be subject to the following required front, rear or side setback requirements. (1) Maximum height: 2 stories or 30 feet, whichever is less. (2) Minimum lot area: 6,000 square feet. (3) Minimum lot width: 50 feet. (4) Minimum setbacks: a. Front: 25 feet. b. Side, Street: 15 feet. c. Side, interior: 5 feet (1) Single-section manufactured homes: 5 feet. (2) Mobile homes: 8 feet. d. Rear: 15 feet. e. Exception for accessory structures. Accessory structures, including awnings and carports, which are open at the front and rear, which are made of noncombustible material, and which are not less than five feet from the property line may be placed in any interior side yard. f. Exception for replacement of existing mobile/manufactured home units. Setback requirements for replacement units shall be those in existence on site before the existing unit was removed. This change is derived from several recent ARB petitions where older mobile home units were being replaced and the larger units could not conform to the setbacks of the underlying zoning district. In each case a reduction of the setback requirements had a nominal impact on the surrounding neighbors. Each of the recent ARB petitions asking for relief from the above referenced regulations have been approved and determined to be a minimal easing of the code. To place these proposed code changes in a broader picture, zoning regulations throughout the country are changing to address a myriad of issues, including lack of affordable housing, diversity of housing, climate change, shrinking land availability and sky rocketing cost of infrastructure. There are some communities, including cities in California and Minnesota, that are eliminating single-family zoning and promoting high density, multi-use zoning. In the 2019 City of Farmington Analysis of Impediments to Fair Housing Choice Update the Farmington City Council certified that it will affirmatively further fair housing. Relaxing the zoning regulations discussed above helps promote development of low-to-moderate housing options throughout the city. Board Discussion: Vice Chair Lopez – Are we looking at setback averaging? We need to consider fire and safety separation to make sure these are met, and maybe this makes more sense than applying specific setbacks. We want to encourage new manufactured homes that meet safety standards. What if we just have minimum safety separations? Planning Manager Escobar – We are not vacating building and fire code requirements. Vice Chair Lopez – Could the setback requirements be amended to be specific to the width and length of manufactured homes. This would be another way of looking at it. Could potentially avoid future variances. Chair Dennis – We should always uphold safety standards. Vice Chair Lopez – We have minimum width and length for mobile homes. Chair Dennis – Is this for mobile or manufactured homes. Planning Manager Escobar – For both. Vice Chair Lopez – I think our code is really good. Chair Dennis – I agree. Vice Chair Lopez asked for clarification on Section 6.4.3.E Planning Manager Escobar stated we have received input from Toni Sitta in the Engineering Department clarifying this wording: Undeveloped residential lots where sidewalks were not required or were waived during the subdivision review process are exempt from the requirements of this Section with the exception of lots that fall under the requirements of City Ordinance 7.1.2 which requires installation of sidewalks for commercial subdivisions. Vice Chair Lopez – That clears it up. Discussion: This is a discussion item only to provide an update to the Board on these proposed changes to the UDC and to allow for the Board’s input. The Board discussed the proposed revisions to the Unified Development Code and provided input on several points. This input will be under consideration as the update to the UDC moves forward. 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: The March 5, 2020 meeting of the Administrative Review Board was adjourned at 6:59 p.m. _______________________________ ____________________________________ James Dennis - Chair Elizabeth Sandoval - Administrative Assistant Attachment 3: Vice Chair Freeman asked if the changes regarding mobile home setbacks were only referring to mobile homes. Planning Manger Escobar stated that was correct. Commissioner Smouse asked what the minimum square footage for tiny homes was. Planning Manager Escobar stated currently it is 1,500 square feet. Chair Cardon asked how we would regulate the use of guest houses being turned into rental units. Planning Manager Escobar stated that neighbors would be the monitors of the guest house structures and would hopefully report if the guest house looks to be used as a rental unit. Commissioner Davis stated that requiring landscape for commercial properties seems to be counterintuitive to cost reduction that seems to be aligning with the updates being made to the UDC. Planning Manager Escobar said that was a good point for further discussion. Commissioner Sewell asked about the sidewalk replacement requirements and when would be a good time to put sidewalk in if not at the time of improvement? Planning Manager Escobar stated that this has been a discussion for over a year and she was not sure how to resolve this issue. Commissioner Smouse asked if we were allowed to keep fowl within City Limits. Planning Manager Escobar stated yes and per the direction of the City Attorney, we do not implement the section of the code that does not allow fowl. We would like to align the code with the direction that we have received. If complaints arise from neighbors, then a special use permit would be required. It would be good to track who has fowl for health and safety issue that may arise. Commissioner Davis asked if it could be considered that there be some constraints, possibly a limit of how many fowl a person can have? Planning Manager Escobar stated that she would look and see what other cities in New Mexico are doing and bring back some suggestions. Vice Chair Freeman stated that a while ago the issue of fowl did go to Council and could we possible look at the discussion that was made from that time. Planning Manager Escobar said that she would look into that and bring this back for discussion in two weeks. Commissioner Smouse asked about the setback requirements in regards to mobile homes and if we have guidance on that and what would they be? Planning Manger Escobar said there are established setbacks and it is the rear that we see the biggest issues with. The lots are smaller and we would establish that if your current unit is 10 feet from rear property line, your new unit has to be 10 feet. Commissioner Sewell asked about the setback for vehicle repairs, 2.4.59.C, and the 200 feet distance required is from what? Planning Manager Escobar stated that is what we are going to clarify. Clarification would be that the 200 is from where the repairs are being made, the front door to the property boundaries. Commissioner Sewell stated this has been discussed previously and it was decided it should be from the front of the bay door. Planning Manager Escobar referenced Reed v. City of Gilbert, where the Supreme Court ruled you cannot regulate signs based on content. So we have revised Section 5 of the sign code and removed any reference to the type of message on signs. We have also reformatted the code to combine two tables into one, making it easier to find and adding hyperlinks. The third thing that has changed is per the Mayor, we revised the allowance of political signs. Currently political signs are allowed on private property and public right-of-way. The Mayor has asked to restrict the placement to get a better control of where these signs go. Language has been added that signs place on public right-of- way must be approved by City Council. The intersection of 20th Street and Main Street is NMDOT right-of-way and this would not impact that area. Commissioner Smouse asked if there are permitting requirements from the New Mexico Department of Transportation. Planning Manager Escobar stated that there are, however they have struggled answering complaints. Planning Manager Escobar asked that the commissioners take some time to go through the revised sign code and have any recommendations ready at the next Planning & Zoning meeting to be ready to present top Council sometime in September. Commissioner Davis thanked Ms. Escobar for working on updating the UDC. Planning Manager Escobar stated that she plans to reach out specifically to surveyors and home owner association to solicit their input since this will impact those most. 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: Planning Manger Escobar mentioned some of the business Downtown using the sidewalk for business and how in April City Council adopted a new permitting process for Downtown business to use the right-of-way. Outdoor dining was then expanded to the rest of the City. We have issued 22 permits and we are happy that we are able to help. Downtown is open, Phase I is complete and Phase II is on schedule. Highway 64 is scheduled to be completed 2 month early. CDBG funds are being awarded this year and that will be going to Council at the end of August, beginning of September. Adjournment: With no further business and a motion by Commissioner Sewell and seconded by Commissioner Davis, the Planning and Zoning Commission meeting of August 13, 2020 was adjourned at 3:48 p.m. A roll call vote was taken and this motion was approved by a 6 -1 vote. ____________________________ _____________________________ Joyce Cardon Elizabeth Sandoval Chair Administrative Assistant  COMMUNITY WORKS STAFF REPORT REVISIONS TO THE UNIFIED DEVELOPMENT CODE Review of proposed revisions and updates to the Unified Development Code STAFF REPORT – September 10, 2020 Summary The Planning & Zoning Commission began reviewing the proposed changes to the Unified Development Code on August 13, 2020 and requested more information on the following topics: Section 2 – Use Regulations 2.4.7 Animals or fowl. • Allow for the keeping of fowl as a permitted use. The current policy, based on a white paper from the City Attorney, is to allow the keeping of chickens without a requirement for a Special Use Permit. The keeping of rosters is not allowed. The proposed change to the UDC is to list the keeping of fowl, except rosters, as a permitted use in all zoning districts. • A definition of fowl will be added to Section 11 of the UDC: Any kind of domesticated bird raised for meat, eggs or feathers. • Section 2.47.7 shall be amended to read: Keeping or raising animals or fowl shall comply with the standards of this section. A. The number of animal units allowed per acre shall be determined by using the recommended animal unit capacity provided in the definition of animal unit in Article 11, definitions. (1) Within the residential agricultural (RA) district, the keeping of animals or fowl in accordance with the recommended animal unit capacity per acre is permitted by right. (2) In all other districts other than (RA) the keeping of fowl is a permitted subject to the guidelines of Section 6-4-2 – General cleanliness of premises where animals are kept – of the City of Farmington Municipal Code. a. The keeping of roosters is not permitted. b. If complaints are received regarding the keeping of fowl on a property, issues must be addressed immediately or the right to keep fowl will be revoked. A Special Use Permit that addresses any complaints received shall be obtained in order to retain the right to keep fowl on the property. c. The maximum number of fowl permitted per property is six. d. No shelter for fowl shall be erected closer than 10 feet to a neighboring dwelling unit. No shelter for fowl shall be erected in the front or side yard setbacks. e. No slaughtering of fowl on the property is permitted. This reflects the ordinance the Planning & Zoning Commission recommended in 2018. Section 2.4.59.c Vehicle repair, paint and body shops, has been amended to state: 1  No repairs shall be conducted within 200 feet of any property line of a residential use located within a residential boundary. This distance is measured from the property line to the front of the repair shop or area bay door. 2.5.2.B Accessory uses and structures Remove the limitation of three accessory structures per property and replace with a 30 percent lot coverage maximum. This would allow for a variety of separate buildings on a property but limit the overall building footprint. The larger the property the higher the allowable building foot-print. Language has been added specifying accessory structures 50 square feet or smaller are not subject to regulations or permit requirements. Setback requirements have been simplified. Minimum setbacks for accessory structure would be three feet from the side yard line and 5 feet from the rear lot line Section 2.5.4 & 2.5.8 Apartments and Guest Houses Code modifications are suggested to allow for the placement of separate utility meters on apartments and guesthouses. This includes the removal of the requirement for a Special Use Permit for an apartment. Applications for both apartments and guesthouses would be subject to an Administrative Review. This would be an internal process and would not go to a public hearing. Neighbors within 100 feet would be notified and any concerns that arise would be addressed. The need for a second meter could be evaluated and approved through this process. This change treats apartments and guest houses equally, tracks their use, and allows a contract between the property owner and the City to ensure that the units are used as intended. Section 5 – Development Standards 5.5.6.D – Parking Area Landscaping A requirement for landscape islands every 15 lineal parking spaces to include one tree of eight feet of height has been added. This requirement would help break up the expanse of asphalt and provide shade in the parking area. Initial landscaping costs may be higher by $300-500 per required island. The development, neighboring locations and the City would all benefit from an improved visual presentation. 5.5.8.B – Irrigation Add language requiring incorporation of irrigation best practices. This should not add a substantial cost to any new development. These best practices, such as having rain sensors on the irrigation equipment that shut the system down if it rains, have become industry standards. 5.7.3.B.5 Drainage Requirements Add a first flush requirement for stormwater management. Some up front engineering costs and minimal material costs, such as rocks and boulders would be incurred by the developer. This is a critical requirement to prevent sludge from parking areas washing 2 into the City’s stormwater system and eventual into our rivers. Rainwater harvesting concepts can often be incorporated into first flush capture designs. 5.8 Signs The following changes are proposed to the sign regulations: 1. Clarification to allow for murals without advertising copy 2. Adds an allowance for portable signs (sandwich boards) with an approved permit 3. Adds an allowance for home based business signs, 3-square feet and wall only, with an approved permit 4. Prohibits political signs in public right-of-way unless approved by City Council 5. Adopts height maximums of five feet (residential areas) and 10 feet (commercial area) for construction signage 6. Adopts a height maximum of 25 feet for freestanding signs in commercial areas 7. Adopts a height minimum of eight feet for signs crossing a walkway 8. Adopts a maximum size and heights for programmable and projecting signs 5.10.8 Outdoor lighting Apply outdoor lighting regulations to all development, not just those adjacent to residential communities. These requirements include fully shielded lightening standards, limitation of overall lumens and light temperature and prohibition of light trespass. Should be minimal cost to developers. The above changes to Development Standards apply to new development only. Changes to regulations related to Mobile and Manufactured homes: Section 2.4.32.D.f: Allow existing setbacks to be retained when older mobile/manufactured homes are replaced. This would apply to replacement units in zoning districts other than SF-MH (Single family manufactured housing). This change would allow units to be replaced to the same setbacks as the existing unit that is being removed from the propety. Has minimal impact on neighbors since it would replace an existing unit. This would facilitate an updgrade to a housing unit. Section 5.2.11.C.1 & 5.3.3. A.3: Suggested changes would waive the requirement for paved parking areas and driveways for replacement units. A paved apron where the driveway connects with a City street would be required. Action: Staff is asking the Planning and Zoning Commission to provide feedback on the proposed changes, ask questions or request clarification regarding the items discussed or other changes identified, and to recommend approval of the draft update to City Council. 3