Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive October 12, 2023 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the September 28, 2023 P&Z Meeting 4 Petition ZC 23-71 – A request for a Zone Change from Industrial to Single Family-7 to allow for the construction of a single family residence located on 2.513 acres at 615 Melba Lane. Parcel No. R0025272. Presented by Long Range Planner Gibson (Pg. 17) 5 Business From Floor: Chairman: Members: Staff: 6 Adjournment Petition items on this agenda will be scheduled for the next City Council meeting – October 24, 2023 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 September 28, 2023 The Planning & Zoning Commission met in a regular session on September 28, 2023 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. P&Z Members Present: Chair Clint Freeman Vice Chair Ryan Brown Cheryl Ragsdale Cody Waldroup Amber Hodge Joyce Cardon Clete Berens Gary Hanson P&Z Members Absent Shay Davis Staff Present: Mike Safrany Colby Gibson Joaquin Gonzalez David Sypher Jennifer Breakell Tami Spencer Others Who Addressed the Commission Michael Schweitz Betty Womack Bryan McCarty Renee Baugh Mary King Sheila Chapman Call to Order Vice Chair Brown called the meeting to order at 3:00 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 Waldroup and seconded by Commissioner Berens to approve the agenda of the September 28, 2023 Planning & Zoning Commission meeting. This motion passed unanimously by a 8-0 vote. Approval of the Minutes A motion was made by Commissioner Ragsdale and seconded by Commissioner Waldroup to approve the minutes of the August 28, 2023 Planning & Zoning Commission meeting. This motion passed unanimously by a 8-0 vote. Swearing of Witnesses Tami Spencer, Administrative Assistant swore in all parties that wished to speak. 1 Discussion regarding Cannabis Variance noticing procedures. Presented by City Attorney Breakell Discussion City Attorney Breakell stated that the City is following the State guidelines when it comes to notifying property owners of cannabis petitions being heard at the Planning & Zoning Commission Meetings. She had provided City Council with a legal memo stating that we can be more restrictive than the state and if they want the noticing procedures to match the distance requirements that is in our cannabis ordinance, we will need to go through the ordinance change process that will establish a 300 ft. noticing procedure for cannabis related zoning action. Right now we have to stay with the 100 ft. noticing procedure because that is what the City ordnance and what the State law says. City Attorney Breakell and the Commission had a discussion on the ordinance change process is and approximately how long it will take. The Commission asked Ms. Breakell if they could make a recommendation to the Mayor and City Council regarding the noticing procedure. Ms. Breakell thought that would be a good idea since the Council values the Commission’s opinion. Petition ZC 23-61 – A request for a Zone Change from Single-Family 7 to Mixed Use to allow for a commercial mixed-use development located on 8.259 acres along Cliffside Dr. (behind Home Depot) Parcel No. R0030308 Long Rage Planner Gibson Presented the Following: Commissioner Berens recused himself from hearing this petition. Petition Information o Applicant: Michael Schweitz o Location: East Cliffside Drive o Existing Zoning: Single-Family 7 o Existing Land Use: Undeveloped o Request: Zone change from Single-Family 7 to Mixed Use to allow for a commercial & residential mixed-use development. Subject Property o Property size: 8.259 acres o Vacant undeveloped property. 2 Area View 3 Street View 4  Project Description • Subdivide the property into 15 parcels. • Four (4) commercial lots are proposed varying in lot size from 11,000 – 42,000 square feet. The actual use of the lots would be required to conform to the permitted use standards for Mixed Use zoning. • Nine (9) lots are planned for duplex (two-family) dwellings with lot sizes varying from 10,000 – 17,000 square feet. • One lot is planned for a multifamily dwelling (4-plex proposed) with a lot size of 66,000 square feet. • Build new road providing access to each of the lots from Herrera Road. • Extend Herrera Road from the southeast to Cliffside Drive. • Preserve trees and vegetation to the north along Cliffside Drive as well as along the western property line. • Dedicate right of way to the City of Farmington east of Mortensen Road to the proposed new road for possible future connectivity. 5  Site Plan Site Plan Overlay 6  Zoning o North: Single-Family 7 – Residential use o South: General Commercial – Commercial sales and service uses o East: General Commercial – Commercial sales and service uses o West: Single-Family 7 – Residential use UDC Sec. 8.7.4 Zone Change Issues for Consideration A. 7  UDC Sec. 8.7.4 Zone Change Issues for Consideration B UDC Sec. 8.7.4 Zone Change Issues for Consideration C C. Will there be adverse impacts; and can any adverse impacts be adequately mitigated? o Adverse impacts identified. o Noise, traffic, lighting o Applicant proposes mitigation methods through the use of buffering, screening and distance. o Residential protection shall be required as a condition of approval. UDC Sec. 8.7.4 Zone Change Issues for Consideration D-E D. Is the proposed density and intensity of use permitted in the proposed zoning district? o The proposed density and intensity meet UDC Sec. 2.8 standards of 3,000 SQFT / Dwelling Unit for the Mixed Use zoning district. o Density standards do not apply to nonresidential uses. E. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? o Two dwelling units on 10,000 (minimum) and four dwelling units on 66,000 square foot lots is suitable for the development while leaving adequate space for required open space/landscaping and parking. UDC Sec. 8.7.4 Zone Change Issues for Consideration F-G F. Are adequate public facilities and services available to serve development for the type and scope suggested by the proposed zone? 8  o Access provided from new street connecting to Cliffside Drive and Herrera Road (Collector streets with approx. 5,000 ADT). o Utilities available on both Cliffside Drive and Mortensen Road. Adequate to meet the proposed uses. o Applicant responsible for the extension of roads, infrastructure and utilities. G. Does the proposed change constitute “spot zoning” as defined in Article 11, definitions? o Proposed Zone Change does not constitute spot zoning. o Zone change is in pursuance of the Comprehensive Plan. The 2040 Comprehensive Plan Future Land Use Map designates this area as Commercial Mixed Use. The proposed horizontal residential/commercial development is explicitly permitted within the designation. Traffic & Site Access Herrera Rd: o Extend from Home Depot to Cliffside Dr. o 50’ Right of Way dedication. o 40’ street including curb & gutter and 5’ sidewalk (west side only) o Possible slope easement needed due to the elevation and grade. o ADA compliant street crossings at corners. Cliffside Drive: o 60’ Right of Way dedication. (currently varies) o 5’ sidewalk on south side of Cliffside Dr. Right of way provided: o Dedicate 50’ wide right of way between Mortensen Rd and Herrera Rd 9 10  Public Notice o This petition has been properly noticed. o Staff has received several phone calls regarding the petition. (11) emails of opposition have been received. Staff Conclusion o Compliance: The proposed use is in compliance with the Unified Development Code Zone Change criteria and density standards outlined in UDC Sec. 2.8. o Consistency: The proposed Zone Change is consistent with and supported by the 2040 Comprehensive Plan. o Compatibility: The proposed zone change and land uses are compatible with the surrounding area and nearby uses. Adverse impacts can be mitigated. Staff Recommendation The Community Works Department recommends approval of Petition ZC 23-61 with conditions of approval: 1. Site shall be developed in the general conformance to the submitted site plan with the exception of required adjustments. 11  2. Developer shall extend Herrera Road from the current terminus to Cliffside Drive with the following standards: a. 50-foot right of way starting at the existing east right of way line at the toe of the slope. b. 40-foot road width including curb and gutter. c. Five-foot wide sidewalks along the western side of the street only. d. Two (2) ADA compliant ramps installed at the proposed intersection of Cliffside Drive and Herrera Road. 3. Developer shall dedicate a 60-foot wide right of way on Cliffside Drive along the property frontage and install five-foot wide sidewalks along the south side of Cliffside Drive along the property frontage. 4. Developer shall dedicate a minimum 50-foot right of way through the subject property connecting Mortensen Road to the extension of Herrera Road for future development. 5. Residential protection standards within UDC Sec 5.10 shall apply to all single-family and multifamily uses. Discussion The Commission Asked Staff: 1. You mentioned the limited uses for Mixed Use Zoning, can you give examples of the uses allowed? 2. This would not be as restrictive and Local Neighborhood Commercial (LNC)? Would a bar be allowed? 3. If this were to be approved, to progress to development, would require a plat to be submitted? 4. Can you give any examples of the protection standards provided by UDC section 5.10 that are being applied? Where in the process are those specific requirements imposed? 5. Will you explain the density change you mentioned? 6. With the proposed Mixed Use zoning, what would the allowed density be? 7. Does the City have any plans to add sidewalks to Cliffside? 8. Will this development connect with Mortensen Rd? 9. One of the letters of opposition referenced ageing utilities, is that a concern of the City? Staff Replied: 1. The Mixed Use Zoning would permit food service development, such as a restaurant or retail. It would prohibit any type of Industrial use. 2. That is correct, it would not be as restrictive as LNC. Yes a bar would be allowed in the Mixed Use zoning. 3. Yes if this were to be approved the petitioner would have to go through the re-platting process, which is also a public hearing. Any conditions of approval would be enforced. 4. The UDC standards would apply to the screening, the applicant would be required to install a minimum six ft. privacy fence, and from there other requirements may be added such as distancing and height restrictions. Those requirements will be imposed during the building permit process. 5. The existing zoning and what it could permit a density of 6.14 dwelling units per acre and what is being proposed will allow 4.56 dwelling units per acre. The Mixed Use zoning 12  would allow a greater density, however what is being proposed with this development is what we will be holding the petitioner responsible for. 6. For Mixed Use, it would depend on the type of development being proposed. If you look at a two family development it would require 3000 sq. ft. per dwelling unit. 7. At this point in time there are no plans to add sidewalks to Cliffside. 8. No, the petitioner will have the cul-de-sac and will not connect with Mortensen Rd. 9. No, after speaking with the Community Works Water/Wastewater Division they validated that utilities are up to supporting the proposed development. Petitioner Michael Schweitz, 122 Horse Thief Ln., Durango CO, 81301 Mr. Schweitz stated that this was a very quiet lot and he will try to preserve as many trees as he can on that parcel of land. He would also like to have a garden style commercial space. He would like to make cluster buildings to try to have some open space. The Commission Asked the Petitioner: 1. What do you envision for the commercial space? 2. Will the duplexes be built on site, and not anything pre-manufactured or mobile homes? 3. Will you be developing this all the way through or will you be selling vacant lots? 4. Would the four-plex on the back of the lot be one story or two story? 5. How would you access lot C2? 6. Do you plan on keep the lots vacant until you have a tenant or will they be spec buildings to rent out? 7. If you do develop the residential property yourself, do you anticipate becoming a landlord and renting those units or having them for sale? The Petitioner Replied: 1. I would like to develop something that compliments Home Depot possibly DIY or contractors, not something the will compete with them. 2. Yes, everything will built on site, and the theme will be similar. 3. I would like to develop the lots himself. 4. I would like to do two story to keep more of the open space. 5. My plan is that C1 & C2 will be used together. 6. My plan is to have spec buildings to rent out. 7. I definitely believe in ownership opportunities. Affected Party Betty Womack. 3210 Mortensen Rd., Farmington NM Ms. King asked Petitioner Schweitz if the units would be purchased or rentals? Mr. Schweitz replied his intention is to offer ownership opportunities for the retail and residential parts of the development. Current Property Owner, Brian McCarty, Mariposa Properties, P.O. Box 3086, Farmington NM Mr. McCarty expressed his concern about adding any further conditions or stipulations to this SUP. Mr. McCarty and the Commission had a discussion regarding the current and proposed density. 13 City Attorney Breakell added that the Commission can add a condition for a limited development where the zone change is specific to the developer’s ownership. That way if for some reason the real estate deal falls through that limitation will fall off. Affected Parties Betty Womack. 3210 Mortensen Rd., Farmington NM Ms. Womack stated that she is opposed to the zone change and the affect will have on the neighborhood. She is worried about the trees and wants to be sure that there will be some kind of fencing to keep people from getting into her yard. This is their retirement home and a zone change will add more people and take away from the peacefulness of the area. She is also worried about the increase of traffic and noise this development will bring. Renee Baugh for Diana Griffith, 3305 Mortenson Rd., Farmington NM Ms. Baugh (the executor of her mother’s estate) stated that she grew up at this address. She added how peaceful and quite the area is. Ms. Vaughn is opposed to the zone change. She is worried about the increase of traffic. Commissioner Waldroup explained how having Herrera Rd. connecting with Cliffside Dr. will help elevate some of the traffic concerns. Mary King, 3400 Alta Vista Dr., Farmington NM Ms. King stated she lives above Cliffside Dr. Her greatest concern is the increase in traffic and noise. Interested Party Sheila Chapman, 2608 Arch Ln., Farmington NM Ms. Chapman stated that they have just purchased this property. They picked this property because there was limited traffic in the area. Since then they have experienced how difficult it is to turn from Arch Ln. onto Cliffside Dr., in either direction. Ms. Chapman would like to see a left turn arrow from Cliffside Dr. onto E. Main St. and a left turn lane from Cliffside Dr. onto Herrera Rd. With no further public comments Chair Freeman closed the public comment portion of the meeting for petition ZC 23-61. The Commission Asked Petitioner: 1. Is there already a fence between Home Depot and this property, which would serve as a double barrier after you install your privacy fence? 2. Do you have any idea at this time what kind of fence you would be putting up? The Petitioner Replied: 1. Yes there is already a fence there and the proposed buildings would add an additional layer of sound barrier. 2. I would like the fence to look natural and go with the welcome space that I am trying to create. 14 The Commission Asked Staff: 1. What is the right of way along Mortensen Rd.? 2. Could the residents leave through Mortenson Rd.? 3. Will the fencing go from Cliffside Dr. to the back property line? Staff Replied: 1. The right of way along Mortensen Rd. varies between 22ft. to 40ft.The City standard for a local street is 50ft. 2. No, they would not. As proposed it does not change the exit or access onto Mortenson Rd. 3. Yes, the fencing will go from Cliffside Dr. to the back property line. Commission Discussion The Commission had a brief conversation to see if they wanted to impose any other conditions to the already existing conditions. With no further Commission discussion needed. Chair Freeman called for a motion. Motion A motion was made by Commissioner Hanson and seconded by Commissioner Hodge to Approve Petition ZC 23-61 with the conditions as recommended by staff. 1. Site shall be developed in the general conformance to the submitted site plan with the exception of required adjustments. 2. Developer shall extend Herrera Road from the current terminus to Cliffside Drive with the following standards: a. 50-foot right of way starting at the existing east right of way line at the toe of the slope. b. 40-foot road width including curb and gutter. c. Five-foot wide sidewalks along the western side of the street only. d. Two (2) ADA compliant ramps installed at the proposed intersection of Cliffside Drive and Herrera Road. 3. Developer shall dedicate a 60-foot wide right of way on Cliffside Drive along the property frontage and install five-foot wide sidewalks along the south side of Cliffside Drive along the property frontage. 4. Developer shall dedicate a minimum 50-foot right of way through the subject property connecting Mortensen Road to the extension of Herrera Road for future development. 5. Residential protection standards within UDC Sec 5.10 shall apply to all single-family and multifamily uses. The motion was passed with a vote of 7-0 15 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: Senior Planner Safrany informed the Commission that City Council had approved the Zone Changes ZC 23-59 and ZC 23-60 off Hudson St., ZC 23-62 at 900 Pinon St. and ZC 23-63 for the cannabis manufacturing at 5100 E. Main St. from the last meeting. Adjournment: With no further business, a motion to adjourn was made by Commissioner Ragsdale and seconded by Commissioner Waldroup. The motion carried unanimously 7-0 and the meeting was adjourned at 4:52 p.m. _______________________________ _________________________________ Clint Freeman Tami Spencer Chair Administrative Assistant 16  Staff Report: ZC 23-71 615 Melba Lane STAFF REPORT Zone change request from Industrial to Single-Family 7 to allow for the construction of a single family residence located on 2.513 acres at 615 Melba Lane. STAFF REPORT, October 12, 2023 PROJECT INFORMATION Applicant Francisco Gutierrez, property owner Representative N/A Date of Application September 1, 2023 The petitioner is requesting a Zone Change from Industrial to Single Requested Action Family-7 to allow for the construction of a single family residence located on 2.513 acres at 615 Melba Lane. Location 615 Melba Lane, Farmington NM 87401 Existing Land Use The parcel is currently undeveloped and is used as storage. Existing Zoning Industrial 2040 Future Land Medium Density Residential Use Designation North: Multifamily Low Density– Residential and agriculture uses South: Planned Development – Residential and transitional housing Surrounding Zoning uses & Land Use East: Multifamily Low Density – Residential use West: Planned Development – Residential and recreational uses Publication of Notice: September 25, 2023, Farmington Daily Times Notice Requirements Property owners letter: September 25, 2023 Sign posted: October 2, 2023 Staff Planner Colby Gibson, Long Range Planner BACKGROUND The San Juan County Tax Assessor’s records show the subject property as 2.513 acres in size. The parcel is undeveloped and currently being used as storage. The petitioner owns the property and wishes to build a single family residence on the property. Building and site plans have been submitted to the Community Works Department. The proposed residence meets all of the required dimensional standards for the Single Family-7 zoning district. 1|Page 17  Staff Report: ZC 23-71 615 Melba Lane Site Plan 2|Page 18  Staff Report: ZC 23-71 615 Melba Lane Aerial Map 3|Page 19  Staff Report: ZC 23-71 615 Melba Lane Area Overview 4|Page 20  Staff Report: ZC 23-71 615 Melba Lane Surrounding Uses 5|Page 21  Staff Report: ZC 23-71 615 Melba Lane Zoning 6|Page 22  Staff Report: ZC 23-71 615 Melba Lane 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 Unified Development Code (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 Future Land Use Plan designates this area as Medium Density Residential. The Medium Density Residential designation supports a wide range of housing options including single family homes as proposed. 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 proposed Single Family-7 zoning is compatible with the zoning and land uses in the area. The majority of the area is zoned Multi-Family Low Density and has both single family and multifamily uses. C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? No adverse impacts have been identified. The proposed zoning is considered down zoning as the proposed zoning district has a significantly lower impact than the existing Industrial zoning district. 7|Page 23  Staff Report: ZC 23-71 615 Melba Lane D. Is the proposed density and intensity of use permitted in the proposed zoning district? The Single Family-7 zoning district requires 7,000 square foot minimum lot size and a density maximum of 7,000 square feet per dwelling unit. The subject property is 2.513 acres in size with one dwelling unit and meets these standards. Sec. 3.6 - Single-family 10, 7 and 5 (SF-10, SF-7 and SF-5). 3.6.1 Purpose. The single-family 10, 7 and 5 (SF-10, SF-7 and SF-5) districts are expected to accommodate a large percentage of the residential growth projected in the city over the 20-year planning horizon covered by the comprehensive plan. The districts are primarily intended to accommodate low to moderate density residential development that can be served by the full range of infrastructure. The districts are generally intended to be applied in areas with existing infrastructure. The uses and densities allowed in the SF-10, SF-7 and SF-5 districts (3.4 to 6.8 units per net acre) offer city residents a variety of housing choices in the low to moderate density range. E. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? One dwelling unit on a 2.513 acre lot is suitable for the development. The parcel is located within the FEMA flood plain, however the applicant has raised the pad of the home so that it is located a minimum of one foot above the base flood elevation. An elevation certificate has been submitted to the City’s flood plain engineer. 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? Access to the site is provided from Melba Lane which is identified as a Local Street as defined by the City of Farmington’s Major Thoroughfare Plan with no available Average Daily Traffic (ADT) count. Utilities are available from Hydro Plant Road Drive and are adequate to meet the proposed use. The applicant will be responsible for the extension of any applicable infrastructure and utilities for the proposed residence. G. Does the proposed change constitute “spot zoning” as defined in Article 11, definitions? UDC 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 does not constitute spot zoning by this definition because it is in pursuance of the Comprehensive Plan. The 2040 Comprehensive Plan Future Land Use Map designates this area as Medium Density Residential which permits single-family dwellings and land uses. The existing Industrial zoning is considered spot zoning, the proposed zone change will bring the parcel into conformance with the Future Land Use Plan. 8|Page 24  Staff Report: ZC 23-71 615 Melba Lane PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to 12 surrounding property owners. At the time of this report, no written public comment has been received. STAFF CONCLUSION • The proposed use is in compliance with the Unified Development Code density standards outlined in UDC Sec. 2.8. • The proposed zone change and use is consistent with the 2040 Comprehensive Plan. • The proposed zone change and use is compatible with the surrounding area and nearby uses. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition ZC 23-71, a request from Francisco Gutierrez, for a Zone Change from Industrial to Single Family-7 to allow for the construction of a single family residence located on 2.513 acres at 615 Melba Lane, with the following conditions of approval: 1) Site shall be developed in the general conformance to the submitted site plan. 9|Page 25  Staff Report: ZC 23-71 615 Melba Lane 10 | P a g e 26  Staff Report: ZC 23-71 615 Melba Lane 11 | P a g e 27  Staff Report: ZC 23-71 615 Melba Lane 12 | P a g e 28  Staff Report: ZC 23-71 615 Melba Lane 13 | P a g e 29  Staff Report: ZC 23-71 615 Melba Lane 14 | P a g e 30