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Planning & Zoning

Regular Meeting

Farmington, NM · October 27, 2022

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Agenda

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive October 27, 2022 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the October 13, 2022 P&Z Meeting 4 DISCUSSION regarding proposed changes to the Unified Development Code 5 Business From Floor: Chairman: Members: Staff: 6 Adjournment Petition items on this agenda will be scheduled for the next City Council meeting – November 8, 2022 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 October 13, 2022 The Planning & Zoning Commission met in a regular session on October 13, 2022 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 Cheryl Ragsdale Cody Waldroup Ryan Brown Shay Davis Clete Berens P&Z Members Absent: Gary Hanson Staff Present: Beth Escobar Others Who Addressed the Commission Anthony Pearson (Telephonically) Call to Order Chair Cardon called the meeting to order at 3:06 p.m. There being a quorum present the following proceedings were duly had and taken. Approval of the Agenda A motion was made by Commissioner Davis and seconded by Commissioner Waldroup to approve the agenda of the October 13, 2022 Planning & Zoning Commission meeting. This motion passed unanimously by a 7-0 vote. Approval of the Minutes A motion was made by Commissioner Berens and seconded by Commissioner Davis to approve the minutes of the September 29, 2022 Planning & Zoning Commission meeting. This motion passed unanimously by a 7-0 vote. Swearing of Witnesses Beth Escobar, Planning Manager swore in all parties that wished to speak. Hank Adair, FEUS Director, was unable to attend. PETITION NO. PP 22-77 Discussion & possible action regarding a request for a Special Use Permit to allow for cannabis cultivation at 4550 Lomas Street. Planning Manager Beth Escobar presented the following: Petition • Applicant: Lotus Elite, owners Brenda & Anthony Pearson • Location: 4550 Lomas Street • Existing Zoning: IND: Industrial • Request: SUP to allow for indoor cannabis cultivation Subject Property Aerial View Street View looking West Street View looking East SUPs • The purpose of a Special Use Permit is to allow for discretionary approval of uses with unique operating characteristics. • The manufacturing, production and cultivation of cannabis in the Industrial Zoning District requires a Special Use Permit. UDC 8.9. A. Special Use Permits: • Special use permit approvals attach to the property and are transferable to subsequent owners. • If this SUP was approved, it could transfer to another owner, carrier or tenant. Staff Analysis • A cannabis cultivation facility seems appropriate for this location. Surrounding uses are industrial to the north, east and south. • There is a residential subdivision to the west, 50-feet across Vento Avenue • Staff will work with the business owner to provide the State required letter of water adequacy. The applicant will work with Jacobs, the City’s wastewater contractor, to ensure no damage occurs to the wastewater system. • Consistent with the 2040 Future Land Use designation of Industrial. Public Notice Staff Recommendation • The application meets the criteria for approval of a Special Use Permit. With the investment of the property owner in the new business, staff is recommending, per Section 8.9.6.B, that the SUP be granted for a period of 10 years. • The Community Works Department recommends approval of Petition SUP 22-77, a request from Brenda and Anthony Pearson of Lotus Elite for a cannabis cultivation facility at 4550 Loma in the IND: Industrial zoning district with the following stipulations: 1. Site plan approval for the new building shall be required. 2. A building permit shall be required. Discussion Commissioner Waldroup asked Planning Manager Escobar if this SUP would only allow for indoor growing. Ms. Escobar replied that was correct, cannabis cultivation would be completely contained within the proposed steel building. Commissioner Berens asked Ms. Escobar if the Commission has anything to do with the site plan. Ms. Escobar replied that Staff reviews the site plan internally upon submittal of the building permit. He also wanted to know if Jim Weisart wanted to see the site plan, would that have anything to do with the approval?. Ms. Escobar replied that is only a courtesy to let him see the site plan and it would have nothing to do with the approval process. Petitioner Comments Anthony Pearson, 6700 Alexander Bell Dr. Ste. 200, Columbia MD, 21045 introduced himself as the petition and stated he had nothing to add but he would be happy to answer any questions. Commissioner Brown asked Mr. Pearson to explain the security that would be in place. Mr. Pearson replied they would have an eight to ten foot fence around the entire property and security cameras that are monitored 24 hours a day. They would be following the State requirements. Commissioners Discussion There was no additional discussion by Commissioners. With no further discussion, Chair Cardon called for a motion. A motion was made by Vice Chair Freeman and seconded by Commissioner Ragsdale to approve SUP 22-77 as presented by staff. AYE: Chair Cardon, Vice Chair Freeman, Commissioner Waldroup, Commissioner Brown, Commissioner Davis, Commissioner Berens, and Commissioner Ragsdale NAY: None Abstained: None Absent: Commissioner Hanson 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 Members Business from Staff: Planning Manager Escobar informed the Commission that she attempted to reach out to Mr. Adair and he was in a meeting. She will try to get some information regarding an update to the San Juan Power Plan to share with the Commission. Ms. Escobar also let the Commission know that both SUP’s heard at the September 29, 2022 meeting were unanimously approved by City Council. Adjournment: With no further business, a motion to adjourn was made by Commissioner Waldroup and seconded by Commissioner Davis. The motion carried unanimously 7-0 and the meeting was adjourned at 3:27 p.m. _______________________________ _________________________________ Joyce Cardon Tami Spencer Chair Administrative Assistant To: Planning & Zoning Commission From: Beth Escobar, Planning Manager Date: October 27, 2022 Subject: Proposed updates to the Unified Development Code Staff is proposing several changes, updates and corrections to the current Unified Development Code. A redline version of proposed changes to Sections 2.8 through 10.1 is attached with this report. Staff will present each change at the October 27 meeting. Section 5.3.3 – Access management has been completely rewritten by the Engineering Department. A clean copy of the new version is attached with this report and will be reviewed at the meeting. Staff is presenting these changes at the October 27 meeting to initiate discussion and looks forward to comments and questions from the Commission. CITY OF FARMINGTON PROPOSED AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE Sec. 2.3 Use table Allow restaurants in the Local Neighborhood Commercial zoning district without a special use permit. Sec 2.8 Density and dimensional standards RESIDENTIAL DISTRICTS DENSITY AND DIMENSIONAL SCHEDULE STANDARD RA RE-2 RE-1 RE-20 SF-10 SF-7 SF-5 SF-MH SF-A MF-L MF-M MF-H All Uses —40 —40 —40 —40 —40 —40 —40 —40 —40 45 50 50 Sec. 5.1 Applicability. The development standards of this article shall be applicable to all site development and to all subdivisions in the city or to all subdivisions outside the city limits of Farmington, but lying within five miles of the city, as authorized by NMRS, 1978 §§ 3-21-1 through 3-21-12, as amended, except as otherwise specified herein. No development permit, building permit, certificate of occupancy, or grading permit (Municipal Code, section 12-4-1) shall be approved until all of the applicable standards of this Article 5, development standards, are met. Any violation of this chapter shall be penalized in accordance with Section 1-1-10 of the Farmington City Code as noted in Section 10.1 of the Unified Development Code. 5.2.10 Accessible parking for physically handicapped persons. A portion of the total number of required off-street parking spaces in each off-street parking area shall be specifically designated, located, and reserved for use by persons with physical disabilities; or current New Mexico Building Code requirements. Applicability. (1) New development. The accessible parking standards of this section shall apply to any thnew building constructed and to any new use established. (2) Change of use: Accessible parking must be provided for any change of use. (3) Expansions and alterations. The accessible parking standards of this section shall apply when an existing structure or use is expanded, enlarged or altered. A. Exception for accessible parking. The requirements of this section shall not apply in circumstances which are considered not readily achievable as determined by the director or designee. Readily achievable is defined as “easily accomplishable and able to be carried out without much difficulty or expense”. Fall 2022 UDC changes A. Number of spaces. The minimum number of accessible spaces to be provided shall be a portion of the total number of off-street parking spaces required, as determined from the following schedule. Parking spaces reserved for persons with disabilities shall be counted toward fulfilling off-street parking standards. 5.3.6 Corner setbacks and intersection visibility (safe sight triangle). The following standards shall apply at any corner of intersecting streets or driveways, except in the CB district; provided, however, the director or designee may modify the requirements of this section depending upon- site conditions and as necessary to protect public safety. A. No structure or planting (at mature growth) that exceeds three feet in height shall be permitted within a corner setback. B. Exceptions are permitted for utility poles, lighting standards, fire hydrants, mail boxes, city or state traffic signs, and trees (at mature growth) if the lower canopy allows a clear line of sight between three feet and seven feet above the street grade. C. Transparent fences, such as wrought iron and chain link, may exceed three feet in height in the visibility triangle upon permit approval. D. A sign permitted by section 5.8 may be located within the intersection visibility area, provided that visual clearance exists between three feet and seven feet above the ground. 5.4.4 Fence and wall location and height. Fence and wall locations and heights shall be as follows unless otherwise specified in this UDC: A. Residential districts. (1) Fences and walls located in required front yards (setback) shall be limited to a height of three feet at the front right-of-way line, rising evenly to a maximum of 54 inches at setback line, and thereafter a maximum of six feet. Low opacity Transparent fencing, such as wrought iron and chain link, shall be limited to six feet in height in the front yard (setback). (2) Properties approved for horses in the RA, RE-2 and RE-1 districts may have front yard fences up to four feet in height. (3) Fences and walls not located in the required front yard (setback) shall be limited to six feet in height, unless engineered for stability. Engineered fences shall be limited to a maximum average of eight feet in height. Fall 2022 UDC changes 5.8.5 Sign table –typo corrections Projecting MF Attached 50 Height Bottom of 5.8.7.A.(17) A Building signs (all) to a square of sign shall be Permit is also OP, building feet building eight feet required MU, or other or sign above ground LNC, private to which Encroachment GC, structure attached shall be a CB, minimum of PIP & two feet from I back of curb Temporary MF Attached to 5.8.7.A.(19) Approval from Signs (all) building or Planning OP, freestanding Division is MU, required LNC, GC, CB, PIP & I Off-site MF (all) OP, Along One square 50 Shall be 5.8.7.A.(15) A signs and MU, LNC, principal feet for each feet 750 feet Building billboards GC, CB, PIP & arterial five lineal feet from any Permit is I streets as of highway other off- also shown on frontage not site sign require the major to exceed 200 and 100 thorough- square feet feet from fare with any on-site a medium sign, right-of- including way 200 both sides feet for the street Back to back parallel faces shall constitute one sign Fall 2022 UDC changes 5.8.7 Permitted signs; locations, number and size. Signs shall be permitted in accordance with the table in section 5.8.5, summary of permitted signs. The number in the "Conditions" column for a particular type of sign shall refer to the same-numbered "Condition" on the following pages, which shall apply to that sign in accordance with its terms. b. Allowable height. The maximum allowable height to the top of the sign (in feet) is as follows: MF OP MU LNC GC CB PIP I (ALL) 6 10 10 10 50 50 50 50 Sec. 5.10 Residential protection. 5.10.1 Purpose. The residential protection standards of this section are intended to preserve and protect residential uses and neighborhoods by ensuring that new nonresidential and multifamily development and redevelopment are compatible with the character of the adjacent and nearby areas in which they are located by: A. Increasing minimum side and rear yard setbacks for nonresidential and multifamily uses in proportion to lot size; B. Establishing minimum setbacks for dumpsters and solid waste receptacles; C. Limiting building height in proximity to protected uses and districts; D. Screening equipment and outdoor storage, parking areas, dumpsters and receptacles; and E. Encouraging lighting practices and systems that minimize light pollution and light trespass for the enjoyment and use of property and the night environment. 5.10.2 Applicability. A. Residential protection standards shall apply to all multi-family residential and/or nonresidential (commercial) development when such development occurs: (1) Across the street from or adjacent to a lot containing a single-family, attached single-family or duplex dwelling. B. The provisions of this section shall apply for all multi-family residential and/or nonresidential development adjacent to any lots with a residential use. For purposes of this section, protected zoning district shall include the following districts: (1) Residential estate-2 district; (2) Rural agricultural district; (3) Residential estate-1 district; (4) Residential estate-20 district; Fall 2022 UDC changes (5) Single-family-10 district; (6) Single-family-7 district; (7) Single-family-5 district; and (8) Single-family attached district. C. The provisions of this section shall apply only to new structures and uses, and to that portion of existing structures and uses being expanded and to change of use. D. The provisions of this section shall not apply where nonresidential development occurs adjacent to nonresidential uses in a residential district. E. The provisions of this section shall apply even if the adjacent properties are outside the City limits. Sec 5.13 Street Classification Add the following: see City of Farmington Technical Specifications and Construction Standards for city standards on roundabouts Sec. 6.1 Purpose. The subdivision of land is a major factor in the process of sound community growth and ultimately becomes a public responsibility in that the streets must be maintained and various public services customary to urban areas must be provided. The welfare of the entire community is thereby affected in many important respects. Therefore, it is to the interest of the public, to the developer, and to the future owners, that subdivisions be conceived, designed, and developed in accordance with sound rules and proper minimum standards. It is in the intent of these regulations to encourage the growth of the City of Farmington in an orderly manner. Any violation of this chapter shall be punished in accordance with Section 1-1-10 of the Farmington City Code as noted in Section 10 of the Unified Development Code. Sec. 8.15 Appeals of administrative decisions. 8.15.1 Applicability. Appeals to the ARB may be taken by any person with standing who is aggrieved by any written interpretations made pursuant to section 8.13, or by other final administrative decisions. Building permit approvals by the Community Works Division may not be appealed. provided however, that building permit appeals shall be subject to the requirements of State of New Mexico Construction Industries Division. (This is already stated in Section 8.2.4) To have "standing" such persons shall: A. Be a resident of the City of Farmington or the city's extraterritorial jurisdiction, or B. Own property within the City of Farmington or the city's extraterritorial jurisdiction. Fall 2022 UDC changes Sec. 10.1 [Enforcement.] All articles in the Unified Development Code are subject to the provisions of Per Section 1-1-102-3-162 General penalty, additional fees; additional penalties for certain acts of the City of Farmington Municipal Code. Per Section 2-3-162 of the City of Farmington Municipal Code, the Code Compliance officer enforces various provisions of the building code and the Unified Development Code. Sec. 5.3 Access management. 5.3.2 Street5.3.2 Street access. Street access per functional classification of street. No use shall be permitted to take direct access to a street except as allowed in this section. Purpose: To manage street access in a safe manner. The number of private access points allowed will depend on the functional classification of the roadway, whether the requested curb cut is located in a residential or nonresidential area and the length of the front property line measured along the adjacent street. Limitations shall be administered to site access along high average daily traffic (ADT) corridors and other areas where the goal is to minimize traffic flow interruptions. A. Single family Residential (1) (Lanes, Alleys and Local streets. All single-family residential uses shall take direct access to local streets. (2) Collector streets. Single-family residential uses shall not take direct access to a collector street, except when a local street is not available. A single-family dwelling may take direct access to collector streets that primarily serve residential purposes. (3) Arterial streets, minor and principal. Single-family residential uses shall not take direct access to arterial streets. When there is no alternative and a single-family residential use takes access to an arterial street, the point of access shall be directly across from another existing point of access, or spaced at least 200 feet from any intersecting street or other point of access to the arterial. (4) Nonresidential uses in residential zoning districts shall not take direct access to local streets, provided that any lot located within a nonresidential subdivision or any parcel adjacent to a street within a nonresidential subdivision takes direct access to the local street internal to the subdivision, and provided that any corner lot abutting a local street and an arterial or collector street or highway takes access to the local street if such access is approved by the authority having jurisdiction. B. Multi-family and Residential (1) Access for multi-family and non-residential streets may be approved by the Director or designee only when access to a collector or arterial street is not available. 5-24 5.3.3 Driveways/Curb Cuts (All Development) All driveways and parking lot entrances and exits shall be subject to the approval of the director or designee and the following requirements: (1) Shared driveways. Shared driveways shall must be allowed and may be required by the director or designee at the time of platting, or as a replat of the affected lots. (2) Abandoned Site Access PointsDriveway: any abandoned curb cuts must be replaced with sidewalk, curb, and gutter by the property owner. As a part of any Community Works roadway projects, after 30-day notice, the Citycity may close abandoned site accesses. (3) Requested Site AccessDriveway Point Removal: The Director may consider the removal of any excessive curb cuts per this section. All driveways and parking lot entrances and exits shall be subject to the approval of the director or designee and the following requirements: A. Curb cuts for residential properties (single lot) Table 1 Description Dimensions Minimum Distance Between Driveways 1630-feet (includes transitions) Minimum Distance from Property Line 520-feet Minimum Adjacent Roadway Frontage for 80-feet Two Driveways (1) Residential driveways that straddle property lines, or are entirely on one property but used by another property, shall have a recorded access easement. Sufficient area behind the driveway apron must be provided for the proper operation of the curb cut. (2) For residential properties with a minimum of 80-feet of frontage adjacent to the roadway two driveways may be installed upon approval of the City Engineer. a. For residential properties with interior lots with two access points, driveways shall be spaced a minimum 16 30 feetfeet including curb cut fromtransitions from each other. 5-25 (3) Driveways shall be a minimum of 320 feet, including tranisitons, from the adjacent neighboring properties. (4) Driveways located on corner properties shall be located 20 5 feet from the beginning of the curve at the curbcurb line, point of radius curvature or or 20 feet from the property line. The greater distance will be the deciding factor. (5) Driveway width may be increased to 35 36 feet to allow for a single access three- car garage or recreational vehicle or boat parking if the lot width and distance from adjacent property meets requirements of Sections 5.3.3.A and 5.3.3.A.and 5.3.3.A.(4). 5-26 (6) Any existing residential driveways that access arterial or collector streets directly may install a circular driveway; if all frontage requirements and site triangle are met and approved by the City Engineer.. (7) New dDriveways that straddle property lines, or are entirely on one property, shall have access easements. Sufficient area behind the drivepaddrive pad apron for the proper operation of the curb cut, as determined by the City Engineer, must be included. (8) For small lots with 40 feet or less of road frontage the site access where possible, should be shared by two lots, leaving area for a minimum of one on-street parking space. a. Shared access driveways may be separated beyond the back of the sidewalk. b. The maximum width of the shared access point allowed is 30 36 feet. c. Shared driveways shall be evaluated on a case by casecase-by-case basis for unique safety concerns. 5-27 5-28 B. Paving Requirements for Residential Driveways (1) All required parking areas for residential units 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: a. In the RA district, RE-1 district, RE-2 district and RE-20 district, driveways shall be: i. Surfaced with a minimum of four six inches of gravel road base, and ii. Have a paved drivepaddrive pad apron ten twenty feet in depth and the minimum width of driveways adjoining paved streets. (2) Driveways for properties with an existing mobile or manufactured home that are replaced with a newer or upgraded unit shall consist of at a minimum a compacted all-weather surface with a ten-foot-wide concrete apron. (3) No more than 50 percent of the front yard shall be covered with concrete or asphalt. (See Section 5.2.6.B.(2)) C. Maximum curb cut width. Curb cuts shall conform to the following maximum width requirements: (1) Residential. Maximum width of curb cuts accessing residential uses only shall be as follows: a. Curb cuts accessing one-car garages, carports or paved driveway: 12 feet. b. Curb cuts two-car garages, carports or paved driveway: 24 feet. c. Curb cuts three-car garages, carports or paved driveway: 35 36 feet. d. The maximum curb cut for any residential property shall not exceed 35 36 feet. (2) Nonresidential. Maximum width of driveways accessing nonresidential uses shall be determined by the city or state (NMDOT) authority having jurisdiction over the roadway from which access is being taken. In no case shall an individual driveway width be greater than 35 36 feet. The width of a landscaped center median shall not count towards this standard. a. The driveway width requirement may require a trip generation report produced by the non-residential property owner as determined by the City 5-29 Engineer. 5-30 Table 2 DRIVEWAY WIDTHS Use Served Number of Spaces Minimum Width in Feet Single-family dwellings 2 9 Duplex dwellings 4 9 Multifamily dwellings 6 or less 10 7+ 12 if 1-way, 20 if 2-way Nonresidential 24 or less 12 if 1-way, 20 if 2 way 25+ 15 if 1-way, 24 if 2-way D. Emergency turnarounds-all uses. Internal emergency vehicle turnarounds shall be provided as required by the fire code. E. Turn radius – all uses. Turn radii requirements are listed below and shall be the minimum unless a variance is approved by the City Engineer. Table 3 Commercial Curb Return Radii by Design Vehicle Maximum Minimum Radius at Curb Face Design Vehicle Flow Line Car Only 1520-feet SU-30 (box truck, trash truck) 30-feet WB-40 (45-foot tractor trailer) 35-feet WB-62 (69-foot tractor trailer) 40-feet WB-67 (74-foot tractor trailer) 50-feet (1) (1) Prior to approval of a curb cut for a non-residential use, the property owner shall provide detail as to what types of vehicles the curb cut is designed to accommodate. 5.3.4 Street intersections and curb cut separations-nonresidential uses. A. Curb cuts for Multi-Family, Mixed Use, and Nonresidential Sites (1) Location of site access points should include the following considerations: a. Minimum distance from an intersection. 5-31 b. Maximum number of site access points allowed by corridor type per site. (2) Site accesses should be evenly spaced in areas where more than one driveway per site is proposed. Table 42 All Other Non-Residential Access Separations from Intersections Cross-Street Classes Type of Street Arterial Collector Local A D A D A D Arterial 200-ft 150-ft 150-ft 100-ft 150-ft 100-ft Collector 100-ft 75-ft 100-ft 75-ft 75-ft 75-ft Local (queue lengths may 75-ft 75-ft 50-ft 50-ft 25-ft 25-ft require longer distances) Page 5 of the Pinon Hills Boulevard Corridor plan states the following: “Full intersections with median breaks were permitted at one quarter mile intervals. Pinon Hills Boulevard In between, right-turn-only access points were required to be at least 600 feet from one another or from any “full” interaction.” (3) 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 six inches of gravel road base, and b. Have a three inch 3” paved drivepaddrive pad apron 15 20 feet in depth and the width of driveways adjoining paved streets. 5-32 B. Non-residential Driveway/Curb cuts Site Distances from an Intersection (1) Table 42 gives the required measurements for intersection driveway distance based on the roadway classification. (2) A written variance from the City Engineer shall be requested to shorten the distance of any commercial access point. If the variance is granted only a right-in and right-out access will be granted. C. Curb cut separation on highways. Curb cut separation on highways shall be subject to the approval of both the director or designee and New Mexico Department of Transportation (NMDOT). Recorded easements for shared access, provision of acceleration/deceleration lanes, TIA traffic signals and other right-of-way improvements for these cuts may be required. D. Curb cut separation on arterials. Curb cut separation on arterials (principal and minor) other than state highways shall be subject to the approval of the director or designee. Recorded easements for shared access may be required. Adjoining parcels under common ownership may be required to share a curb cut. An TIA and associated improvements may be required. 5-33 Table 54: Number of Allowable Curb Cuts on Arterial Streets (Excluding Pinon Hills BoulevardB & NMDOT) Number of Curb Cuts Adjacent Frontage Width 1 - Curb Cuts 150-feet or less 2 - Curb Cuts 151 to 250-feet 3 - Curb Cuts 251 to 350-feet Add 100 feet of frontage width for each additional curb cut (1) Commercial Property Curb Cut Separations on Arterial Streets (see Table 4) a. The number of full access driveways shall be based on the frontage the property shares with the adjacent roadway. b. Commercial property along an arterial street (principal or minor) with 150 feet or less of property lot width adjacent to the street shall only be allowed one driveway access point; if the business cannot be accessed by way of a collector or local street. c. Commercial property along an arterial street (principal or minor) with 151 feet to 250 feet of property lot width adjacent to the street may have two driveway access points if the property cannot be accessed by way of a collector or local street. These driveway access points should be evenly spaced within the property lot. d. Thereafter, each additional 100 feet or property lot width will allow for an additional driveway access point. Driveway access points within the property lines should be evenly spaced. e. Commercial driveways that have 100 linear feet of frontage property width adjacent to the roadway such as drive-thru restaurants may install two driveways that are entrance and exit only if there is no available driveway access on a collector or local street. f. Separation on Pinon Hills Boulevard and NMDOT right-of-way does not apply to this section. E. Curb cut separation on collectors. Curb cut separation on collector streets shall be subject to the approval of the director or designee. (1) Commercial Property Curb Cut Separations on Collector Streets 5-34 a. The number of full access driveways shall be based on the frontage the property shares with the adjacent roadway. b. For commercial access points that enter into a gravel or dirt parking area, the paved driveway drive pad apron shall extendt a minimum length of 20 feet from the roadway while maintaining the same original driveway width. This requirement is to keep the gravel off the roadway. This requirement is both for new development, change of ownership or evidence of an existing traffic hazard. c. Commercial property along a collector street with 101with 101 feet to 200 feet of property lot width adjacent to the street, may have two driveway access points. These driveway access points should be evenly spaced within the property lot. d. Each additional 100 feet of property lot width will allow for an additional driveway access point. Driveway access points within the property lines should be evenlevenly spaced. e. driveways to commercial and industrial properties having minimal frontage property width adjacent to the roadway may install two driveways that are entrance and exit only. F. Curb cut separation on local streets. Curb cut separation on local streets shall be subject to the approval of the director or designee and generally follow residential standards in the UDC and City specifications. G. Limited access. Corner parcels may be required to have all access from a side street or alley as determined by the director or designee. A non-vehicular easement may be required to restrict curb cuts to approved locations. 5.3.5 Signalized intersections required. Major employment sites and retail centers shall have access to a signalized intersection unless waived by the director or designee based on a traffic impact analysis (TIA). 5.3.6 Corner setbacks and intersection visibility (safe sight triangle). The following standards shall apply at any corner of intersecting streets or driveways, except in the CB district; provided, however, the director or designee may modify the requirements of this section depending upon-site conditions and as necessary to protect public safety. 5-35 Visual Clearance Adjacent to Travel Way A. No structure or planting (at mature growth) that exceeds three feet in height shall be permitted within a corner setback. Exceptions are permitted for utility poles, lighting standards, fire hydrants, mail boxes, city or state traffic signs, and trees (at mature growth) if the lower canopy allows a clear line of sight between three feet and seven feet above the street grade. A sign permitted by section 5.8 may be located within the intersection visibility area, provided , that visual clearance exists between three feet and seven feet above the ground. B. Corner setbacks for sight distance extend within the area formed by the legs of a triangle whose apex is the point of intersection of the rights-of-way lines of the adjacent streets. C. Corner setbacks for sight distance apply to the intersection of driveways with other driveways. 5-36 Intersection Corner View Triangle 5-37 Driveway to Street Corner View Triangle Table 6 Minimum Corner Setbacks For 90° Intersections Intersection Type Dimensions Local/collector to local/collector 20 feet by 20 feet Local/collector to arterial 20 feet by 40 feet Arterial to arterial 40 feet by 40 feet Driveway to local/collector 20 feet by 20 feet Driveway to arterial 20 feet by 40 feet For non-90° intersections, a TIA oran engineering study may be required to determine safe required site triangles. 5-38

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