Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive February 15, 2024 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the January 25, 2024 P&Z Meeting 4 Petition SUP 24-01 – A request for a Special Use Permit to allow for keeping of one horse on a residential property. Located at 300 Dekalb Rd. Presented by Planning Manager Gibson (Pg. 23) 5 Business From Floor: Chairman: Members: Staff: 6 Adjournment Petition items on this agenda will be scheduled for the next City Council meeting – February 27, 2024 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 January 25, 2024 The Planning & Zoning Commission met in a regular session on January 25, 2024 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 Amber Hodge Clete Berens Gary Hanson Cody Waldroup Shay Davis P&Z Members Absent None Staff Present: Colby Gibson Joaquin Gonzalez Tami Spencer Others Who Addressed the Commission Aaron Spellbring Danielle Wilson Jayashree Narayana Call to Order Chair Freeman called the meeting to order at 3:00 p.m. Approval of the Agenda A motion was made by Commissioner Davis and seconded by Commissioner Waldroup to approve the agenda of the January 25, 2024 Planning & Zoning Commission meeting. This motion passed unanimously by a 8-0 vote. Annual Election of Chair and Vice Chair Commissioner Davis made a motion to re-appoint Chair Freeman as Chair for the Planning & Zoning Commission. Chair Freeman accepted the nomination. Commissioner Waldroup seconded the motion. The vote passed unanimously 8-0. Commissioner Berens made a motion to re-appoint Vice Chair Brown as Vice Chair for the Planning & Zoning Commission. Commissioner Brown accepted the nomination. Commissioner Waldroup seconded the motion. The vote passed unanimously 8-0. 1 Approval of the Minutes A motion was made by Commissioner Waldroup and seconded by Commissioner Ragsdale to approve the minutes of the January 11, 2024 Planning & Zoning Commission meeting. This motion passed unanimously by an 8-0 vote. Swearing of Witnesses Tami Spencer, Administrative Assistant swore in all parties that wished to speak. Petition ZC 23-106 – A zone change request from GC General Commercial to MF-M Multi- family Medium Density for Tract 8A-2 of the Peninsula Park Subdivision Replat “G”, addressed as 601 Dekalb RD Associate Planner Gonzalez Presented the Following: Commissioner Berens recused himself from hearing this petition. Petition Information • Applicant: Aarron Spellbring • Representative: Jake Spellbring • Location: 601 Dekalb Road • Existing Zoning: General Commercial • Existing Land Use: Undeveloped • Request: Zone Change from General Commercial (GC) to Multi Family Medium Density (MF-M) to construct town home residences (20 units). Subject Property • 1.775 Acre Parcel • Parcel is Undeveloped 2 Area View 3  Zoning Street View 4  Project Description BACKGROUND • The San Juan County Tax Assessor’s records show 601 Dekalb Road Tract 8A-2, NM 87401 (R4009865) as 1.775 acres in size. The parcel is undeveloped. Project Description • The petitioner is requesting a Zone Change from General Commercial (GC) to Multi- Family Medium Density (MF-M) to construct town home residences, 20 units in total. Site Plan 5  Farmington Comprehensive Plan Commercial Mixed Use • This designation supports horizontal mixed use and community parks (large parcels redeveloped with smaller format retail and multifamily density residential). • Medium to high density residential. UDC Sec. 8.7.4 Zone Change Issues for Consideration A. Is the proposed zoning consistent with the Farmington Comprehensive Plan? The 2040 Future Land Use Map designates this area as Commercial Mixed Use. This designation supports horizontal mixed use and community parks (large parcels redeveloped with 6 smaller format retail and multifamily density residential). The proposed zone change to Multi Family Medium Density is compatible with the land use designation. B. Is the proposed zoning and land use compatible with the present zoning and conforming uses of nearby property and the character of the neighborhood? The proposed Multi Family Medium Density zoning and land use is compatible with the current conforming uses and character of the neighborhood. Property uses in the area vary and include Multi Family, Oilfield/Construction Offices/Uses, and Vacant/unused Land. C. Will there be adverse impacts; and can any adverse impacts be adequately mitigated? The proposed use has the potential to create an increase of the average daily traffic count. Dekalb is classified as a Local street according to the City Major Thoroughfare Plan suitable for the proposed multifamily townhomes. Traffic engineering does not see any issues with the increase in traffic. D. Is the proposed density and intensity of use permitted in the proposed zoning district? Per UDC Section 2.8, the proposed Multi Family Medium Density zoning district allows up to 38 units. The applicant is proposing 20 units in the multifamily development. E. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? The subject property is 1.775 acres (77,319 square feet) in size and meets the minimum lot size requirements for the Multi Family Medium Density zoning district of 8,000 square feet. Per UDC Section 2.8, the MF- M: Multifamily Medium Density zoning district requires 2,000 square feet per unit. 20 units on 1.775 acres is physically suitable for the parcel. Per UDC Section 5.2.3, 40 parking spaces will be required. Three accessible and one van accessible space will be required. Additionally center-parking islands will be required for every 15 linear parking spaces. F. Are adequate public facilities and services available to serve development for the type and scope suggested by the proposed zone? Site access is provided from Dekalb Road and all utilities are available there would not be any negative effect to the pressure or existing utilities. 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 compliance with the Comprehensive Plan. The 2040 Comprehensive Plan Future Land Use Map designates this area as Commercial Mixed Use, the propose use of multi-family residential aligns 7 with the horizontal mixed use – commercial/residential aspect of the designation. There is also existing multi-family zoning to the north and northeast of the subject property. Public Notice • This petition has been properly noticed and posted. • Letters were sent to 10 surrounding property owners. • At the time of this report, no written public comment has been received. Staff Conclusion Compliance: The proposed use complies with the Unified Development Code density standards outlined in UDC Sec. 2.8. Consistency: The proposed zone change and use is consistent with the 2040 Comprehensive Plan. Compatibility: 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 23-106, a request from Aarron Spellbring and Jake Spellbring, for a Zone Change from General Commercial (GC) to Multi Family Medium Density (MF-M) to construct town home residences, with the following conditions of approval: 1) An updated fully dimensioned site plan shall be required to be submitted with the building permit, showing all parking dimensions, aisle widths, landscaping and lighting. Site will be developed in general conformance to the approved site plan, which shall conform to all development standards outlined in UDC Article 5, including but not limited to parking, landscaping, lighting, and screening. 8 2) Permits shall be required for construction. Discussion The Commission had no questions for staff. Petitioner Aarron Spellbring, 350 Sunrise Pkwy, Farmington NM Mr. Spellbring stated that he has property across the street and feels that this is a good place for the townhomes to be built. They are also trying to provide a more affordable housing in Farmington. The Commission Asked Mr. Spellbring: 1. There are two recommendations from staff, do you have any issues with them? 2. Are you going to sell each unit or will you be renting them out yourself? Mr. Spellbring Replied: 1. No sir, there is no issue with the recommendations. 2. We plan to own them and rent them out. They also have property on Butler Ave. that we plan to develop at a later date. With no public comment or Commission discussion needed Chair Freeman called for a motion. A motion was made by Commissioner Waldroup and seconded by Commissioner Ragsdale to Approve Petition ZC 23-106 with the condition as recommended by staff. Staff Recommendation 1) An updated fully dimensioned site plan shall be required to be submitted with the building permit, showing all parking dimensions, aisle widths, landscaping and lighting. Site will be developed in general conformance to the approved site plan, which shall conform to all development standards outlined in UDC Article 5, including but not limited to parking, landscaping, lighting, and screening. 2) Permits shall be required for construction. AYE: Chair Freeman, Vice Chair Brown, Commissioner Hanson, Commissioner Ragsdale, Commissioner Hodge Commissioner Davis, and Commissioner Waldroup NAY: None ABSTAIN: Commissioner Berens ABSENT: None APPROVED 7-0 9 Animas Action Plan presented by Danielle Wilson with Sites Southwest and Jayashree Narayana with Livable Plans and Codes 10 11 12 13 14 15 16 17 18 19  Discussion The Commission had a discussion with Ms. Wilson and Ms. Narayana regarding areas for future housing, place making, and what it will take to develop these properties. They also discussed 20 some of the zoning areas that the City would need to change and what incentives would be needed to help attract developers. Planning Manager Gibson added that this will go before the MRA at their next meeting for a recommendation of approval to be adopted by City Council. Any zone changes will be on a case by case basis. The City has been working with two possible housing developers that would be using the low income housing tax credit. He added that the housing first strategy mentioned by Ms. Wilson and Ms. Narayana is what would come first. As you bring people into the area to live then the business would follow. There are different incentives that could be brought into the discussion, we would have to adopt an incentive zoning ordinance into the city’s Municipal Code to do something like that. There are also grant opportunities that can be utilized for aging infrastructure. The 2040 Comp Plan and the Animas Action Plan will be a shared resource for development in that area. 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 Manager Gibson informed the Commission that Commissioner Cardon has resigned from the Commission, so we now have three open positions for this Commission. He added that City Council approved both petitions, ZC 23-92 and ZC 23-95 from this last P&Z meeting. Adjournment: With no further business, a motion to adjourn was made by Commissioner Ragsdale and seconded by Commissioner Davis. The motion carried unanimously 8-0 and the meeting was adjourned at 4:02 p.m. _______________________________ _________________________________ Clint Freeman Tami Spencer Chair Administrative Assistant 21 22  COMMUNITY WORKS PLANNING STAFF REPORT Petition SUP 24-01 300 Dekalb St– Keeping of one horse PROJECT INFORMATION Applicant David Hampton, property owner Representative N/A Date of Application January 4, 2024 A request for a Special Use Permit to allow for the keeping of Requested Action one horse. Location 300 Dekalb St Existing Land Use Multi-family residential Existing Zoning Multi-Family Medium Density North: Rural Agricultural zoning; Residential and agricultural uses. Surrounding South: Multi-Family Medium Density zoning; Residential use. Zoning & Land Use East: Multi-Family Medium Density and Rural Agricultural zoning; Agricultural uses. West: SF:7 Single-family 7; Residential uses. Publication of Notice: January 29, 2024 Farmington Daily Notice Times Requirements Property owners’ letter: January 29, 2024 Sign posted: February 5, 2024 Staff Planner Colby Gibson, Planning Manager 23  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-01 300 DEKALB ST Background: The subject property is zoned MF-M: Multifamily Medium Density. The San Juan County Assessor’s Office shows the property size as 0.88 acres with four (4) residential structures; one (1) single family, two (2) duplexes, and one (1) apartment. A total of nine (9) residential units are located within the subject property. Properties to the north and east are zoned RA Rural Agricultural and have agriculture uses. Properties to the west are single-family while properties to the south have multi-family and commercial uses. Request: The petitioner is requesting a Special Use Permit to allow for keeping of one horse. Per the Unified Development Code (UDC), Section 2.4.7, the keeping of horses in any zoning district outside of Rural Agricultural requires a special use permit. 24  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-01 300 DEKALB ST ZONING: Multi-Family Medium Density 25 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-01 300 DEKALB ST Aerial View 26  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-01 300 DEKALB ST UDC SEC. 8.9 – SPECIAL USE PERMITS+ o 8.9.1 Purpose: Allows for City Council discretionary approval of uses with unique or widely varying operating characteristics, neighborhood compatibility uses, or unusual site development features, subject to the terms and conditions set forth in this UDC. o 8.9.2 Applicability: Special Use Permits may or not be appropriate in a given zone district depending upon the nature and compatibility of surrounding uses, and mitigating site- specific conditions or requirements. Such uses require individual review of their location, design, configuration, density, and intensity, in order to determine whether or not a use should be allowed; and may require the imposition of additional conditions in order to ensure the appropriateness and compatibility of the use at a particular location. o Special use permit approvals attach to the property and are transferable to subsequent owners. o 8.9.3 Special use application process: The Special Use Permit application process shall be followed per UDC Sec. 8.9.3 o Pursuant to UDC 8.9.3(H) the Special Use Permit may be revoked by this section whenever: o It is determined that a use of property for which a special use permit has been granted is not being conducted within the terms of the special use permit including [section] 8.9.4 special use criteria; that such use has been allowed to accumulate litter or debris, to be a public nuisance, to an attractive nuisance to children, or to attract vagrants, criminals or public intoxication; or is otherwise detrimental to the public health, safety or welfare. o Before the special use has commenced, and it is determined that such special use is not in the public interest; or o The owner of the property affected petitions for revocation. o 8.9.4 Special use review criteria: Special use permits may be approved where it reasonably determines that there will be no significant negative impact upon residents of surrounding property or upon the public. As part of this Special Use Permit application review, staff has considered the following criteria: o Effect on environment: The proposed horse on the property is not expected to have any detrimental effects to the health, welfare or safety of the surrounding neighborhood or its occupants. o Compatible with surrounding area: The surrounding properties to the north and west are low density residential, many with large lots and horses or other livestock uses. The proximity to the Animas River and Willett Ditch provides natural vegetation and trees in the area. Properties to the south and east vary in use with multi-family, single-family and commercial uses. o External impacts mitigated? Per the narrative provided with the petition application, the horse stall is mucked out every day and contained in an enclosed container with a tight-fitting lid. Waste will be transported off site once per week. Dust and sound mitigation efforts are being proposed per the applicant’s narrative which mitigate negative impacts on existing uses in the area. Specifically, the applicant proposes to use coarse sand in the corral and four-foot-tall wood planks are proposed around the inside of the 27  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-01 300 DEKALB ST shelter which will help minimize dust. An existing concrete border will help mitigate storm water runoff to nearby structures. o Infrastructure impacts minimized There are no infrastructure impacts. o Consistent with the UDC and comprehensive plan The applicant meets the standards applicable to keeping a horse on the property. The comprehensive plan intends for this area as “Medium Density Residential”. o 8.9.5 Additional Conditions: The Planning and Zoning Commission may recommend and the City Council may impose additional reasonable conditions as necessary to carry out the purpose and intent of this UDC and to mitigate adverse effects of the proposed use. o Staff recommends the Commission and City Council impose the following conditions of approval: o Only one horse shall be kept on the property. o Petitioner shall muck the horse stall and corral once per day and relocate animal waste from the subject property once per week at a minimum. o Animal waste while kept on site shall be kept in an enclosed container a minimum of 10 feet away from any habitable structure. o A building permit shall be required for the horse shelter. o 8.9.6 Expiration of Approval: o Special Use Permit approval shall expire after 18 months from the date of approval if construction or operation of the approved use has not commenced. o Time limits of Special Use Permits shall be set through the conditions of approval. The City Council may extend the Special Use Permit for a definitive time period upon written request from the applicant. o Staff recommends this Special Use Permit be permitted for a time period of five (5) years, at which point it can be renewed if so desired. o 8.9.7 Appeals: Any person aggrieved by a decision of the City Council pursuant to this section may appeal to the district court within 30 days of the date of the decision rendered by the City Council. If no appeal is filed in writing within 30 days, the decision shall be considered final. Use Regulations: Unified Development Code – Section 2.4.7 Animals or fowl I. In all residential districts other than residential agricultural (RA) the keeping of animals such as horses requires a Special Use Permit. Zoning of the subject property is Multi-Family Medium Density, requiring a Special Use Permit. K. Adequate fencing, screening or separation from adjoining premises shall be provided based upon the type, number and size of animals for protection of the animals or fowl; protection of the public; and for control of dust, noise, odors or similar nuisance factors. The applicant has submitted a site plan showing the proposed location and size of the horse stall and corral. The horse corral structure is proposed to be constructed  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-01 300 DEKALB ST with a metal pipe frame and four-foot-high wood planks along the bottom. The horse shelter/stall is proposed to be constructed with metal panels. The applicant states that a layer of plywood will be provided underneath the roof to minimize the sound of rain. The location of the stall and corral is approximately 30 feet away from the residential units to the north and approximately 36 feet away from the residential units to the south. The applicant proposes to use coarse sand in the corral to minimize dust. The neighborhood consists of large lots, most of which are over an acre which provide distance and natural vegetation as buffers. L. A drainage narrative, waste management plan and watershed protection plan shall be required to accompany a special use permit for the keeping of animals in all districts. The applicant has provided a wastewater management plan. In the stated plan, manure will be placed and held in a closed container throughout the week and transported to Bloomfield on a weekly basis. Planning and Engineering staff have conducted an on-site visit of the property to assess the drainage of the area. The property is fairly flat with a slight slope to the south. Staff do not anticipate any animal waste drainage issues regarding the keeping of one horse on the property. PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to seven (7) surrounding property owners. A public notice sign was posted on the subject property on February 5 in plain sight at the entrance of the property. As of the date of this report, no feedback has been received regarding the petition. STAFF CONCLUSION & RECOMMENDATION Compliance: The proposed use complies with the Unified Development Code Section 8.9.4 Special use review criteria as well as 2.4.7 Animals or fowl. Compatibility: The proposed keeping of one horse is compatible with the surrounding neighborhood and uses. The Community Works Department recommends approval of Petition SUP 24-01, a request from David Hampton, property owner, for a Special Use Permit to allow for the keeping of one horse located at 300 Dekalb St with the following conditions of approval: 1. A maximum number of one horse shall be kept on the property. 2. The petitioner shall muck the horse stall and corral once per day and keep animal waste in an enclosed container a minimum of 10-foot away from any residential dwelling. 3. Animal waste shall be properly disposed of and relocated from the subject property a minimum of once per week. 4. A building permit shall be required for the horse shelter. 5. This Special Use Permit shall be permitted for a time period of five (5) years, at which point it can be renewed by the property owner. 29 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-01 300 DEKALB ST 30 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-01 300 DEKALB ST 31 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-01 300 DEKALB ST 32  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-01 300 DEKALB ST 100-Foot Property Owner Notices 33 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-01 300 DEKALB ST 34 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-01 300 DEKALB ST 35 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-01 300 DEKALB ST 36 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-01 300 DEKALB ST 37