Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive April 29, 2021 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the February 11, 2021 P&Z Meeting 4 Adoption of a resolution setting and establishing a regular meeting day, time and place for the Planning & Zoning Commission 5 ZC 21-27 1312 Smith Lane – a request from Orthon Cruz, property owner, to rezone a 0.47-acre parcel from SF-7, Single-family residential, to MF-L, Multi-family Low Density, to allow for placement of a manufactured home. There is an existing single-family residence on the property that serves as a rental. The property is located in the Special Mobile Home Overlay District. San Juan County Tax Assessor Parcel account, R0025241. (Beth Escobar) 6 Business From: Floor: Chairman: Members: Staff: 7 Adjournment The recommendation of the Planning and Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, May 11, 2021. 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.  Meeting Minutes Planning & Zoning Commission February 11, 2021 The Planning & Zoning Commission met in a regular session on February 11, 2020 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico via Zoom at https://us02web.zoom.us/j/88043419649. P&Z Members Present: Chair-Joyce Cardon Ryan Brown Shay Davis Cheryl Ragsdale Cody Waldroup P&Z Members Absent: Vice Chair-Clint Freeman Elizabeth Lockmiller Gary Smouse Mitch Sewell Staff Present: Anita Vigil Beth Escobar Elizabeth Sandoval Others Who Addressed the Commission: Paul Martin, Sakura Engineering (Via Zoom Virtual Platform) 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 Waldroup and seconded by Commissioner Davis. A roll call vote was taken and this motion was approved unanimously by an 5-0 vote. Approval of the Minutes A motion was made by Commissioner Ragsdale and seconded by Commissioner Brown to approve the minutes of the January 28, 2021 P&Z Meeting. A roll call vote was taken and this motion was approved unanimously by an 5-0 vote. Swearing in of Witnesses Witnesses were sworn in by Elizabeth Sandoval, Administrative Assistant. Petition No. PP 20-45 – Mesa Vista Subdivision No. 8 Beth Escobar, Planning Manager, presented Petition No. PP 20-45. Applicant: Mike Hamilton, Mesa View Development Representative: Paul Martin, Sakura Engineering Location: Parcel No. 2072171297198 located at the eastern terminus of Wildflower Mesa Dr. City of Farmington Existing Zoning: MF-M – Multi-Family Medium The applicant is requesting Preliminary Plan approval per Section 8.8.9.D of the Unified Development Code. The Preliminary Plan review provides for identification of any issues and determination of compliance with all regulations. The Planning & Zoning Commissions is being asked to make a recommendation. Council provides final approval of a Preliminary Plan; the Final Plat may then be submitted. The petitioner is requesting preliminary plan approval for the Mesa Vista Subdivision No. 8, a Class 1, 80-lot subdivision on a 20-acre undeveloped parcel located east of Mesa Vista Subdivision No 7. This Preliminary Plan is being brought forth in conjunction with an amendment to Cecil’s Subdivision No. 2 to carve out right-of-way from the adjacent parcel to the east to provide a connection of Wildflower Drive to Andrea Drive. The parcel to the east is owned by San Juan County. In addition, Mesa Vista Subdivision is being amended to align right-of-way for Wildflower Drive. Phases 1-7 of the Mesa Vista Subdivision are almost completely built out. Mesa Vista No. 8 is not part of the Mesa Vista Planned Unit Development approved in 2007. The developer will be responsible for construction of all roads and infrastructure shown on the plat, including Lauren Road and the detention pond shown in the southwest corner. Maintenance of the pond shall be the responsibility of the Mesa Vista Property Owner’s Association. This will be noted on the final plat. The developer will also be responsible for construction of the extension of Wildflower Mesa Drive to the Andrea Drive intersection, along with the required intersection improvements identified in the Traffic Impact Analysis prepared by the project engineer. A sidewalk will be required on the north side of the Wildflower Mesa Drive. San Juan County has requested that no sidewalk be constructed on the south side of this road extension due to security concerns with the Juvenile Detention Center. The developer will be responsible for the construction of a 6-foot chain link fence with slats along this perimeter. San Juan County has agreed to construct a similar fence along the western property boundary. A non-vehicular access easement (NVAE) is being required for lots whose northern property lines abut Wildflower Mesa Drive. This is to prevent driveway access to this street, which, upon connection to Andrea Drive will be designated as a collector street. Lots 1 through 8 at the south end of the plat will also be restricted from accessing Lauren Street. Standard review agencies have commented on the plat. Many comments have been addressed. Discussion regarding the drainage is ongoing. Extensive comments related to construction plans. Lauren Street will need to be a 50 foot right-of-way. Mesa Vista No. 7 Replat C Cecil’s Subdivision Replat Staff Conclusion Staff concludes approval of Petition PP 20-45, Mesa Vista Subdivision No. 8 is appropriate, subject to technical and corrective changes as enumerated in this report. Staff Recommendation The Community Works Department recommends approval of Petition PP 20-45, a request from Mike Hamilton, Mesa View Development, represented by Paul Martin of Sakura Engineering, for a preliminary plan of a Class 1, 80-lot subdivision on a 20.00-acre undeveloped parcel located at the eastern terminus of Wildflower Mesa Dr. in the City of Farmington. The lot sizes for No. 8 vary from 7,200 square feet to 11,749 square feet. All technical corrections to the plat and construction drawings will be finalized and approved prior to submittal of the final plat, including noted issues in this report, redline letters and engineering emails. The Summary Plat for Amended Cecil’s Subdivision No. 2 Replat A dedicating the right-of- way for the extension of Wildflower Drive shall be recorded prior to submittal of the final plat for Mesa Vista No. 8. A Subdivision Improvements Agreement enumerating the developer’s responsibilities will be recorded with the final plat. Discussion Commissioner Davis asked what the reason was for the non-vehicular easement. Planning Manager Escobar stated that Wildflower Mesa will be categorized as an atrial street, once the connection to Andrea Dr. is completed. Commissioner Davis asked about Lauren St. Planning Manager Escobar stated that Lauren St. serves as a second access for the property, with future plans to also connect Lauren St. to Andrea Dr., eventually becoming an atrial street. Commissioner Waldroup asked how you stop people from using Lauren St. when it is their backyard. Planning Manager Escobar stated that access can be managed through the building permit process. Commissioner Davis stated that the detention pond seems quite small. Planning Manager Escobar stated that Toni Sitta with Engineering has brought the concern forward and comments have been sent to the surveyor. Commissioner Davis asked if first flush would be required for this area. Planning Manager Escobar stated that first flush is usually not discussed for residential plans. Commissioner Waldroup asked if there were other retention ponds in the area. Planning Manager Escobar stated yes there are and those ponds have remained in private ownership. Engineering has noted in their review that those ponds may not be working properly. Paul Martin, Sakura Engineering, joined the meeting. Planning Manager Escobar asked Mr. Martin if he had heard the discussion that was being had. Mr. Martin stated landscaping will be similar to what was done in the past with previous homeowners. There is a detention pond on Daisy St. that has not been accepted by the City. Planning Manager Escobar asked Mr. Martin if he and the petitioner were good with the recommendations for approval. Mr. Martin stated yes they are. Chair Cardon asked the Commission if they had any questions for Mr. Martin. There were no questions from the Commission for Mr. Martin. Chair Cardon asked if there were any other persons interested in speaking regarding the petition, PP 20-45. There was no one. A motion was made by Commissioner Davis and seconded by Commissioner Waldroup to approve Petition No. PP 20-45, a request from Mike Hamilton, Mesa View Development, represented by Paul Martin of Sakura Engineering, for a preliminary plan of a Class 1, 80-lot subdivision on a 20.00-acre undeveloped parcel located at the eastern terminus of Wildflower Mesa Dr. in the City of Farmington. The lot sizes for No. 8 vary from 7,200 square feet to 11,749 square feet, as presented by staff with the conditions recommended by staff. A roll call vote was taken and this motion was approved unanimously by a 5-0 vote. This petition will move forward to City Council to be heard February 23, 2021. 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: Commissioner Davis stated that it is exciting to see more land opening up for development. Business from Staff: Planning Manager Escobar stated that Council has begun the review of the UDC last Tuesday. Next Tuesday at the Council work session, a page by page review will begin. March 9, 2021 is still the goal to get the UDC adopted. There are currently no petitions for the next meeting. Planning Manager Escobar stated that she plans to share some exciting new in regards to commercial development at the second meeting in March. Commissioner Davis asked if Planning Manager Escobar could share any of the information regarding the projects now. Planning Manager Escobar stated that a new assisted living facility is being built at the old American Furniture site; the Anasazi Inn property has been purchased, with Council allocating $150,000 to assist with demolition. There are two projects on east Main St. that are in talks. Adjournment: With no further business and a motion by Commissioner Waldroup and seconded by Commissioner Ragsdale, the Planning & Zoning Commission meeting of February 11, 2021 was adjourned at 3:25 p.m. A roll call vote was taken and this motion to adjourn was approved by a 4-1 vote. _________________________________ _______________________________________ Joyce Cardon Elizabeth Sandoval Chair Administrative Assistant  RESOLUTION A RESOLUTION SETTING AND ESTABLISHING A REGULAR MEETING DAY, TIME AND PLACE FOR THE PLANNING AND ZONING COMMISSION PURSUANT TO CITY COUNCIL RESOLUTION NO. 2013-1466 AS RATIFIED WHEREAS, pursuant to the provisions of Resolution No. 2013-1466 as ratified, each board, commission, committee or other policy making body of the City of Farmington which holds regular meetings shall annually, subject to the ratification and approval of the City Council of the City of Farmington, establish a regular meeting day, time and place; and WHEREAS, the Planning and Zoning Commission of the city of Farmington has determined and does recommend to the City Council that the regular meeting day, time and place of the Planning and Zoning Commission of the City of Farmington and the location where a copy of the agenda of such meetings may be obtained shall be as set forth in this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF FARMINGTON: That the regular meeting day, time and place of the Planning and Zoning Commission of the City of Farmington shall be held on each Thursday following each second and fourth Tuesday of each month at 3:00 p.m., in the Council Chambers, Municipal Building, 800 Municipal Drive, Farmington, New Mexico and that the location where a copy of the agenda of the regular meeting may be inspected seventy-two (72) hours in advance of such meeting shall be at the Community Works Department, 805 Municipal Drive, Municipal Annex, Farmington, New Mexico. PASSED, SIGNED, APPROVED and ADOPTED this ______ day of _______, 2021. By:______________________________________ Chairperson, Planning and Zoning Commission  COMMUNITY WORKS PETITION REPORT PETITION ZC 21-27 A zone change from the SF-7, Single-family Residential District to the MF-L, Multi-family Low Density for a 0.47 parcel located at 1312 Smith Ln. in the City of Farmington A. STAFF REPORT, April 29 2021 PROJECT INFORMATION Applicants Henry C Putman & Othon and Irma Cruz Representative Othon (Edgar) Cruz Date of Application March 30, 2021 A zone change from the SF-7, Single-family Residential District to MF-L, Multi-family Low Density to allow for Requested Action placement of a manufactured home unit on a 0.47-acre parcel located at 1312 Smith Lane, in the City of Farmington, San Juan County, New Mexico. Location 1312 Smith Lane, Farmington New Mexico Existing Land Use Residential Existing Zoning SF-7, Single-family Residential District Surrounding Zoning North: SF-7, Single-family Residential District/Multi-family and Land Use Residential East: SF-7, Single-family Residential District/Residential West: SF-7, Single-family Residential District/Residential South: SF-7, Single-family Residential District/Residential Notice Publication of Notice for public hearings of the Planning and Zoning Commission appeared in the Daily Times on Sunday, April 11, 2021. Property owners within 100 feet were sent notice by certified mail on Monday, April 12, 2021 and a sign was posted on Friday, April 16, 2021. Staff Planner Beth Escobar, Planning Manager Project Description: The petitioner is requesting a zone change from the SF-7, Single-family Residential District to the MF-L, Multi-family Low Density for a 0.47 acre parcel located at 1312 Smith Lane in Farmington.  Petition Report ZC 21-27 Page |2 Figure 1. Farmington Zoning Map. Subject Property  Petition Report ZC 21-27 Page |3 There is an existing site built home on the property that is already a rental unit. An aerial map from 2009 shows there was previously a single-wide mobile home on the property. The subject property is in the Special Mobile Home Overlay District (SMHO) Farmington Comprehensive Plan The Comprehensive Plan’s 2020 Future Land Use Map recommends the subject area as “Residential Single Family Urban Area”. Although the request for the zone change does not comply with the recommendations in the Future Land Use map, the request supports the following goals and objectives, regarding housing development, of the City’s Comprehensive Plan: Chapter 7 Housing Objective 7.1: Provide for a variety of housing options, including traditional subdivisions and mixed use developments, to accommodate housing needs of all residents in Farmington including the elderly, disabled, students, and low-income residents. Action STAFF ANALYSIS The Unified Development Code states that the City shall consider whether the proposed zoning and land use are compatible with the conforming zoning and land use of nearby properties and with the character of the neighborhood. Section 8.7.4 of the UDC outlines issues for consideration in determining a proposed zone change as follows: A. Is the proposed zoning consistent with the Farmington Comprehensive Plan? The proposed zone change for the subject property is consistent with the Comprehensive Plan’s Chapter 7, Housing. The placement of a manufactured home on the property provides an additional rental unit. 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 adjacent properties are zoned SF-7, Single Family Residential. However, an aerial view of the neighborhood shows several multi-family developments in the general vicinity. C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated?  Petition Report ZC 21-27 Page |4 The proposed zone change should not have an adverse impact on the surrounding area. D. Is the proposed density and intensity of use permitted in the proposed zoning district? The property is 0.47 acres, 20, 473 square feet. The parcel could be subdivided into two approximately 10,000 square-foot parcels and still meet the minimum lot size of 7,000 square feet required in the SF-7 Zoning District. E. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? The subject property has supported two residential units in the past. If the zone change is approved, fire access and building separation requirements will be reviewed at the time a permit is submitted for the new unit. F. 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 service the proposed development? The subject property has access to all utilities. G. 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.” The proposed zone change for the subject property is consistent with the Comprehensive Plan’s Chapter 7 Housing by providing additional rental housing. If the use of the surrounding properties is examined, there is a preponderance of multi-family residential uses in the neighborhood. Rezoning the subject property would be consistent with the current uses in the area.  Petition Report ZC 21-27 Page |5 STAFF COMMENTS Public Works: Tony Sitta Per the City of Farmington Code: • A 4’ wide sidewalk shall be extended to the edge of the property. Where sidewalk crosses driveway, the driveway crossing shall meet ADA standards. (UDC 6.4.8.C Sidewalks). Fire Marshal : Brady Vega • Fire access shall be maintained to both residences. PUBLIC COMMENTS This petition has been properly noticed. At the time of this report no public comment has been received. STAFF CONCLUSION Staff concludes the zone change to Multi-family Low Density is consistent with the current land uses in the area and would not have a negative impact on the neighborhood. The addition of a rental unit would be a benefit in the current housing market. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition ZC 21-27, a request from Othon Cruz, property owner, for a zone change from the SF-7, Single- family residential to MF-L, Multi-family Low Density for a 0.47-acre parcel located at 1312 Smith Lane, subject to the following conditions/UDC requirements: 1. No more than one additional residential unit shall be placed on the subject property. 2. Installation of the manufactured home shall be in conformance with the requirements of the Special Manufactured Home Overlay District. 3. The required sidewalk extension shall be completed prior to a final inspection for the home. 4. A hard surface parking area and driveway with a minimum 20-foot width shall be installed.  PLANNING MEMO COMMENTS SUMMARY ZC 21-27 - 1312 SMITH LN. DEADLINE: 4/15/2021 City of Farmington Departments CW Planning Manager – B. Escobar CW Addressing – Planning Division CW Chief Building Official – D. Childers No Comment CW Long Range Planner CW MPO – P. Koeppel CW Oil & Gas Inspector CITY City Manager’s Office – J. Baird No Comment ELEC Customer Care Manager – L. Richardson ELEC Electrical Engineering –Roberto Ga ELEC T&D – Field Op – L. Lugenbeel FIRE Fire Captain – K. Rix Placement must allow for firefighting FIRE Fire Marshall – B. Vega access. LEGAL City Attorney – J. Breakell LEGAL Deputy City Attorney – E. Wayne No Comment POLICE Code Compliance – M. Romero No Comment POLICE Sergeant – S. Goodsell PRCA Parks - R. Crosby No Comment PRCA ORII – W. Unsicker CW City Engineer – I. BlueEyes CW A 4’ wide sidewalk shall be extended to the edge of the property. Where Engineering – T. Sitta sidewalk crosses driveway, the driveway crossing shall meet ADA standards. (UDC 6.4.8.C Sidewalks) CW Streets Superintendent – C. Fuller CW Traffic Engineer – M. Hathcock CW Water/Waste Water – D. Dalton  Petition Report ZC 21-27 Page |7 Other Entities New Mexico Gas Company – R. Castillo No Comment CenturyLink – D. Willato Enterprise Field Services – M. Waszut No Comment Comcast Cable – M. Johnson JACOBS CH2MHILL OMI Surface Land Negotiator for BP – M. Venzara Farmington School District – C. Lyons  Petition Report ZC 21-27 Page |8 April 1, 2021 According to the rezoning petition application submitted on March 30, 2021, Othon Cruz requested a zone change for the property located at 1312 Smith lane Farmington NM 87401. The property is currently zoned as a Single Family property and I am requesting the property be rezoned as a Multi Family property. The property sits on .8 acres of land and currently has a 2 bedroom home that is facing Smith Lane. The request to rezone would allow for us to place a mobile home on the back half of the property, approximately 100 feet from the main home. As I understand it would follow orders from the fire department in case of emergencies. I hope this letter serves to describe our plan in requesting the rezoning of 1312 Smith Lane. Thank you Othon Cruz Petition Report ZC 21-27 Page |9  Petition Report ZC 21-27 P a g e | 10 NOTICE OF PUBLIC HEARING ZONE CHANGE PETITION NO. ZC 21-27 April 12, 2021 Dear Property Owner: Notice is hereby given that an application has been filed with the Planning and Zoning Commission of the City of Farmington, New Mexico, a request from Othon Cruz for a zone change from SF-7, Single-family residential, to MF-L, Multi-family Low Density to allow for placement of a manufactured home unit on a 0.47-acre parcel located at 1312 Smith Lane, in the City of Farmington, San Juan County, New Mexico, as described below: LEGAL DESCRIPTION BEGN69-36-0E 453.8 FT AND N0-59-0W 1166.3 FT FROM INTERSECTION OF N LINE HWY 550 WITH W LINE OF NW/4 SE/4 OF SEC 11 29 13. TH N0-59-0W 151 FT, S89-01-0E 251.36 FT, S0-49-0W 151 FT, N89-01-0W 251.76 FT TO BEG. LESS N 70 FT. BK.1319 PG.216 BK.1527 PG.82 Otherwise located at 1312 Smith Lane Pursuant to the provisions of Section 3-21-6, New Mexico statutes Annotated, 1978 Compilation, notice is hereby given that the petition will be heard in a public hearing by the Planning and Zoning Commission of the City of Farmington on Thursday, April 29, 2021 at 3:00 p.m. in the City Council Chambers at City Hall, 800 Municipal Drive, Farmington, New Mexico. If forwarded by the Commission, this item will be reviewed by the City Council on Tuesday, May 11, 2021 at 6:00 p.m. in the City Council Chambers. All persons shall have an opportunity to be heard why said application should be granted or denied. All persons of interest and citizens are invited to attend said hearing. You are receiving this letter because you may own property within 100 feet (excluding public right-of-way) of the proposed change. You are invited to attend the hearing noted above or submit written comments prior to the meeting to the Community Development Department – Planning Division at 800 Municipal Drive, Farmington, New Mexico 87401. Please be advised that all submitted comments will become public record and that there is the possibility that any petition may be withdrawn before the hearing date. If you have any questions or would like additional information regarding this notice or the petition, please contact Beth Escobar at 505-599-1285 or bescobar@fmtn.org. Sincerely, Elizabeth Sandoval Administrative Assistant