Planning and Zoning

Planning & Zoning Commission December 11 th, 2013 Minutes City Council Chambers The regular meeting of the Planning and Zoning Commission was called to order at 7:00 p.m. by Vice- Chairman K. Wilson Upon roll call, the following were present: Chairman K. Wilson Commissioner J. Fuhs (Sr.) Commissioner K. MacKenzie-Chavez Commissioner J. Dooley Commissioner F. Pawlowski Commissioner F. Kozeliski Upon roll call, the following were absent: Chairman P. Garcia Presented to the Chairman and Commissioners for their approval were the minutes of the October t9 h, 2013 meeting. Commissioner Kozeliski motioned for approval of minutes as presented. Seconded by Commissioner, Dooley A.V.A. Motion Carried. ITEM ONE: CASE #13-0020005: City initiated request on behalf of John M. Fuhs Sr. and the City of Gallup for Concurrent Preliminary and Final Hat Approval of a Major Subdivision Fuhs Firebrick— Canyon Subdivision. The property is located East of Cliff Drive, between Aztec Avenue and Mesa Avenue; more particularly described as a Replat of a portion of the A.O. Lebeck Addition No. I and the Cottage Heights Addition and Lot No. 2 of the Brickyard Subdivision and a 23’ x 142’ (mIl) tract of unplatted land. Chairman K Wilson administered the oath required by state law for public forum. CB thanked Chairman K. Wilson and directed everyone’s attention to the overhead screen and stated that the City recently constructed a new bike park just south of Junker Bridge, and in the old Brickyard canyon. As part of that construction there were 3 different property owners and the properties were all in 3 different subdivisions and zoning districts. The property owners donated property to the City of Gallup in order to construct the bike park. CB clarified where the old tract lines are to the commission and those present and continued to state that the City is replatting all the tracts into one (1) lot in which the bike park will sit on and a portion of the tracts that were donated by Mr. Fuhs will be replatted into four (4) lots. The bike park, formerly under the ownership of three (3) different owners, is now under the ownership of the City of Gallup. So now we have to clean it up, replat it under one (I) lot to contain the bike park. The four (4) new lots will be under a private owner for sale, development, etc... CB continued on the other Planning & Zoning Commission Meeting December 11,2013 Minutes Page 1 of5 section mentioned, the 23’ x 142’on Hill Avenue and the entrance to the Bike Park. A driveway was needed to gain entry into the Bike Park. The property owner was gracious enough to donate the twenty three feet (23’) of land to the City, which was an unplotted tract created by default when all the other lots were subdivided and around it and created. The tract is basically an uplatted tract of land; the portion will be incorporated into Lot 3B. At this time, CB asked if there were any questions. Commissioner Dooley requested for clarification on what was being asked of the Commission. To which CB responded that the City is replatting this property. Commissioner Dooley acknowledged that it was a request to replat. CB continued to state the City is replatting the three (3) separate lots including a smaller tract in one (1) lot and creating four (4) new lots. Further stating the City is replatting the old tract and that there are 3 different subdivisions; the Cottage Heights Addn., the Brickyard Subdivision and the Lebeck Addition. So being that there are three (3) different subdivisions, we are creating one (1) subdivision now to include Lot 3B (which contains the bike park). And then there will be Lot 3A, 2A, 2B and 2C. The reason for 2A, 2B, and 2C is because Lot 2 was a big tract with Tract 2 being donated to the City for the park and the other land the owner wanted to retain to create three (3) small lots and one (1) big lot. Commissioner Kozeliski asked if the lots were going to be big enough to build a house on the lots and meet the setbacks. CB confirmed that the lots are big enough and that will be clarified further on the rezone of the property. The lots meet all the dimensional requirements for the proposed RM-4 zoning district. The Commissioner asked how wide the lots were to which CB responded Lots 2A, 2B and on 2C are sixty two point eighty nine feet (62.89’) and one hundred feet (100’) on Lot 3A. Commissioner Kozeliski asked how wide will the house be able to be and CB stated that the home will need to be designed to meet the setbacks. A five feet (5’) set back is required to which Commissioner Dooley stated that it leaves room for a fifty feet (50’) wide house. Commissioner clarified his question if the house can be fifty four feet (54’) wide, to which CB stated that you’re losing ten (10’) due to the setback and the home can be a little over fifty two feet (52’). Commissioner Dooley stated that the City lots are 25’ x 120’ to which she compared to the houses on Green and Logan Avenue. Commissioner Kent Wilson wanted to know if the lots were wide enough so that one could get to the back yard. CB stated that whoever develops on these properties will have to design the house to meet the setbacks and that they can build as big as long as it is within the setbacks and they want and go two (2) stories as well and limited to thirty five feet (35’) in this district. After lengthy discussion, CB stated that the minimum width requirement for the RM-4 district is sixty feet (60’). Chairman Wilson asked if there were any other questions or comments. Commissioner Dooley asked about the rezone of the lots, and CB confirmed that this action will require a rezone once it is approved. Due to three (3) different zoning districts and none of them apply now with the current development. Peggy Menapace wished to speak to the Commission regarding her concerns with the lots, rezoning and of the future development of the property. She was concerned with if the lots were to be used for commercial or residential purposes or if mobile home would be allowed to be placed on the lots. CB stated that he could answer the questions now or that it would be more appropriate to answer her questions when the zoning presentation so that he can describe which uses are permitted for those zoning districts. Chairman Wilson stated that because one action creates another he thought it best to clarify it now regarding zoning. CB stated that the area to the west is zoned RM-4 and got split to C2B and RSOD located in the canyon below Junker Bridge. He continued that there is a section that was already zoned an RM4. ChairmanWilson asked if the RI\14 was residential to which CB responded that is a mixed use district that is primarily residential, multi-family, duplex town house and single family And the way the lots were platted it could only be for single family dwelling could be built. The three lots (Lots 2A, 2B and 2C) already designated as RM4 and proposing to carry that zoning over to the larger Lot 3A. C.B. Planning & Zoning Commission Meeting December 11, 2013 Minutes Page 2 of 5 continued that one can locate a manufactured home there, it is federal law that you cannot zone out manufactured home. It cannot be a trailer house, built to HUD standard, 4’ wide 36’ deep and at least 6400 square feet, on a permanent foundation, and the front door has to face the street. Now in some brand multi-lot subdivisions, the developers can place covenants that prohibit manufactured homes. However, the City does not enforce covenants; it is done by the neighborhood association. Trailer houses are different; they can only be placed in a trailer house park. Wilson asked if Ms. Peggy Mortenson if her questions were answered. Another question was asked about 2 businesses near that location why they are permitted in a residential district. To which CB responded that the RM4 allows for light commercial, such as business offices and would have meet the minimums for parking, building, and landscaping. CB continued to list various examples of permitted uses of the RM4 zoning district. Each use has a dimensional requirement depending on the use; CB used the town houses and single family dwellings as examples for the differences between lot requirements. Wilson asked if the new proposed 62’ lots were the original width like back in the “1 800’s”. CB stated the new lots are created from 1 large tract of land. Wilson continued by confirming that the lots sizes are not conducive for commercial use but more for residential use. Wilson asked one were to buy all 4 of the lots (Lot 3A, 2A, 2B and 2C ) and place a business, would the zoning prohibit that type of business. CB stated that they could replat all the lots into 1 big lot and place a business there, but it would have to go before the Commission for approval and meet all the landscaping, parking, ADA, etc... which would not leave very much room nor would it be the right spot for it. CB reminded Chairman Wilson that Commissioner Fuhs is the property owner, he will need to recues himself. Wilson then requested that Commissioner Fuhs recues himself. CB also reminded Commissioner Fuhs that he has a right to ask any questions. Motion by Commissioner K. MacKenzie-Chavez to approve this item as presented based on Staff findings. Seconded by Commissioner Kozeliski. Commissioner Fuhs did not vote on this item. Commissioner Kozeliski, Commissioner Dooley, and Commissioner Wilson voted “Yes” and the motion was carried. ITEM TWO: CASE # 13-00200007: City initiated request, on behalf of Donna A. Bruce, LLC, Property Owner, for Concurrent Preliminary and Final Plat Approval of a Major Subdivision. The property is located South of Hill Avenue and East of Country Club Drive; more particularly described as a Replat No. 1 of Lots 7 and 8, Block 1 of A. 0. Lebeck Addition No. 1 and a 52’ x 142’ (mIl) portion of an unplatted tract of land lying west of and adjacent to Lot 7. CB restated that the property of these lots donated some property to the City and was included with previous subdivision and thus needed to be replatted. The property includes a single family dwelling and some accessory structures. CB continued to describe the reconfiguring the lot by taking off the portion that was donated to the City, replatting three (3) lots into one (1) and creating Lot 8A. The unplatted tract will be absorbed into 8A. Commissioner Dooley asked about the set back on one of the structures on the property. CB stated that the portion of portion of property that is being referenced has not been addressed and the location she referenced will stay non-conforming and if the structure is removed, and then it will have to comply with the current set back requirements. Also, that it should not hurt the sale of the property. Chairman Wilson asked if there were any questions, to which there were none. He then asked CB how wide the lots are and CB stated that they are twenty five foot (25’) lots. CB continued that back in the 1890’s, early 1900’s; 1 lots were platted in twenty five foot (25’) lots and as deep as 142 and 130. Discussion continued between members about the history of why the lots were made to be in that particular dimension. CB discussed that its common to property owners own several lots and have them Planning & Zoning Commission Meeting December 11, 2013 Minutes Page 3 of 5 replatted into one (1) big lot because they would need that much land. Now lots are platted in a sufficient size to build a house on them. Motion by Commissioner Kozeliski to approve this item as presented based on Staff findings; seconded by Commissioner Palowski. Commissioner Kozeliski, Commissioner K. MacKenzie-Chavez, Commissioner Dooley, and Commissioner Fuhs voted “Yes” and the motion was carried. Before the last item was presented, Vice Chairman K. Wilson asked Commissioner Fuhs to recuse himself being that he is a property owner in the case. CB stated that it would be ok to which Vice Chairman K. Wilson said that Commissioner Fuhs would not vote. ITEM THREE: CASE # 13-00600002: City initiated request for the rezoning of approximately 4.77 acres from General Commercial District (C2B), Multiple Family Residential Mixed Use (RM-4) and — Single-Family Residential Overlay District (RS-OD) to Rural Holding Zone District; and 0.31 acres from General Commercial District (C2B) to Multiple Family Residential Mixed Use District (RM-4). The — properties are Lots 3A and 3B located in the proposed Fuhs Firebrick Canyon Subdivision. CB restated that there were originally three (3) different zoning districts of the properties: C2B, RSOD and RIv1-4. What this action is doing is removing all those zoning designations (with the exception of the lots already zoned RM-4). The City is now going rezone the entire bike park to R1-IZ (Rural Holding Zone) because there is no type of development other than recreational. Also, newly platted Lot 3A will be rezoned to into RM-4. Lot 2A, 2B, and 2C will not change and remain RM-4. The rezoning needs to occur because the current zoning districts are not appropriate for what is currently there. Commissioner Dooley did mention that there was an opposition. Vice Chairman K. Wilson elaborated that there was a letter of opposition mailed to the City regarding the rezone from Sharon Manini McClintock. The concern was that with the new RM-4 designation, it would allow apartments to be built in the area and thus decrease property value of the existing homes. CB clarified that there may have been a misunderstanding on where she thought the City was rezoning whereas her property was located more near the bike park which will be R1-IZ and does not allow for apartments. CB stated that he will email or call her back and convey that the City has addressed her concerns and that the chance for a multi-family zoning district in her area cannot happen for that location. Motion by Commissioner Kozeliski to approve this item as presented based on Staff findings. The motion was seconded by Commissioner Palowski. A.V.A. Motion Carried. There was brief discussion for Item Four regarding City Council Action and the approval of the Rehoboth Annexation and no discussion on Item Five. Planning & Zoning Commission Meeting December 11. 2013 Minutes Page 4 of 5 Commission Adjourned at 7:40 p. in. PLANNING & ZONING COMMISSION / PHILIP G. GARCIA, CHAIRMAN ATTEST: CLY (C.B.) STRAIN SECRETARY TO PLANNING & ZONING Planning & Zoning Commission Meeting December 11, 2013 Minutes Page 5 of5