A G E N D A. Planning & Zoning Commission City Council Chambers 800 Municipal Drive September 28, 2017, at 3:00 p.m.

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1 A G E N D A Planning & Zoning Commission City Council Chambers 800 Municipal Drive September 28, 2017, at 3:00 p.m. Item Page 1 Call Meeting to Order 2 Approval of the Agenda Approval of the Minutes of the September 14, 2017 P&Z Meeting Petition No. SUP a request from Eleanore Barry-Prather for a SUP to allow an attached Family Care Unit in the SF-10 district for property located at 4900 Evergreen Drive. (Helen Landaverde) Business from: Floor: Chairman: Members: Staff: Adjournment 16 1 The recommendation of the Planning and Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, October 10, 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 or , prior to the meeting so arrangements can be made.

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3 COMMUNITY DEVELOPMENT STAFF REPORT Petition SUP Special Use Permit for an attached Family Care Unit 4900 Evergreen Drive A. STAFF REPORT- September 18, 2017 PROJECT INFORMATION Applicant Eleanore Barry-Prather Representative Eleanore Barry-Prather Date of Application September 1, 2017 Requested Action Approval of a special use permit for an attached family care unit with a second stove. Location 4900 Evergreen Drive (R ) Existing Land Use Residential Existing Zoning SF-10 Single Family Residential District Surrounding Zoning & Land Use Notice Staff Planner Project Description North: SF-10 Single Family/Residential South: SF-10 Single-family/Residential East SF-10 Single Family/Residential West: SF-10 Single Family/Residential Publication of Notice for public hearings of the Planning and Zoning Commission appeared in the Daily Times on Sunday, September 10, Property owners within 100 feet were sent notice by certified mail on Wednesday, September 6, 2017 and a sign was posted on Friday, September 15, Helen Landaverde, Associate Planner The petitioner is requesting a Special Use Permit to allow for an attached Family Care Unit with the installation of a second stove at 4900 Evergreen Drive (R ). San Juan County Tax Assessor s records show that there is a two-story residential structure and a garage on the property; a covered walkway connects the residential structure to the garage. The size of the property is approximately acres (26,789.4 sq. ft.). The footprint of the two-story home is 4,106 square feet and the garage is 784 square feet. The petitioner is proposing to convert the garage into a family care unit of 700 square feet for her aging parents and the remaining 84 square feet will be utilized for storage. 1

4 Page 2 Pursuant to Section 2.5.7(B) Family care units, Occupancy. The principal dwelling and the family care unit together shall be occupied by one family, as defined in section 11.1, but no more than two persons may occupy the family care unit. In addition, at least one person living in either the principal dwelling or family care unit shall be an owner of the property and at least one person shall be 55 years of age or older or, regardless of age, a totally disabled person in accordance with the standards of disability established by the Social Security Administration. Additionally, Section 2.5.7(C) Family care units, Attached unit standards of the UDC states that: Family care units attached to or part of the principal building shall conform to the minimum height and setback requirements for the principal building. The floor area of an attached unit shall not exceed 30 percent of the floor of the principal dwelling up to a maximum of 700 square feet. The petitioner is proposing to convert the garage into a family care unit of 700 square feet for her aging parents. Also, Section 2.5.7(F) Parking, requires one additional off-street parking space be provided behind the required front yard setback. Research shows that the petitioner s property has sufficient space in the existing driveway area to provide the required parking space (see attachments). The approval period for a family care unit by special use permit is five years. Pursuant to Section 2.5.7(G): Such permit may be renewed administratively by the director for successive five-year periods upon making a determination that the conditions existing at the time of issuance of the original permit have not materially changed and that the use will continue to comply with the conditions of this section and the original special use permit. Lastly, Section 2.5.7(I) Conversion, The family care unit shall be converted into an integral part of the single-family dwelling within 90 days after the approved use is discontinued or after the expiration of the approved time period, whichever is earlier. STAFF ANALYSIS Special Use Permit Criteria Section of the UDC Section of the Unified Development Code spells out the review criteria for a Special Use Permit as follows: 2

5 Page 3 A. Effect on environment: The location, size, design and operation characteristics of the proposed use shall not be detrimental to the health, welfare and safety of the surrounding neighborhood or its occupants, not be substantially or permanently injurious to the neighboring property. The property is acres and it is in the SF-10 Single-family Residential District. The petitioner is proposing an attached family care unit for her aging parents. The garage on the subject property will be converted into a 700 square foot family care unit and the remaining 84 square feet will be utilized for storage (see attachment). The proposed use will not be detrimental to the surrounding properties and will maintain the existing character of the area. The Family Care Unit will meet all required setbacks, height restrictions, and off-street parking requirements. B. Compatible with surrounding area: The proposed site plan, circulation plan and schematic architectural designs shall be harmonious with the character of the surrounding area with relationship to scale, height, landscaping and screening and density. The petitioner has submitted a site plan showing the proposed attached family care unit and storage space (see attachment). The proposed use is compatible with the surrounding area and a family care unit is an allowed use with the approval of a Special Use Permit. C. External impacts minimized: The proposed use shall not have negative impacts on existing uses in the area and in the city through the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard or other injurious or noxious impact. The applicant shall provide adequate mitigation responses to the impacts. The petitioner s garage will be converted into a 700 square foot family care unit and a second stove will be installed. The proposed use should not create noise, glare, fumes, dust, smoke, vibration or any fire hazards. The petitioner is required to mitigate any adverse impacts to the neighborhood. D. Infrastructure impacts minimized: The proposed use shall not have negative impacts on existing uses in the area and in the city through impacts on public infrastructure such as roads, parking facilities and water and sewer systems, and on public services such as police and fire protection and solid waste collection, and the ability of existing infrastructure and services to provide services adequately. The garage on the subject property will be converted into family care unit. Adequate facilities and services are currently provided. There should be no negative impacts on existing uses in the area and/or negative impacts on public infrastructure. 3

6 Page 4 E. Consistent with the UDC and Comprehensive Plan: The proposed use will be consistent with purposes of this UDC, the Comprehensive Plan, and any other statutes, ordinances or policies that may be applicable, and will support rather than interfere with the uses otherwise permitted in the zone in which it is located. The Comprehensive Plan calls for this area to be residential. A Special Use Permit for an attached family care unit in a residential district is consistent with the UDC and the Comprehensive Plan. F. Parcel size: The proposed use may be required to have additional land area, in excess of the minimum lot area otherwise required by the underlying zoning district, as necessary to ensure adequate mitigation of impacts on surrounding land uses and the zoning district. The proposed family care unit will be on the subject property. The property is acres (26,789.4 sq. ft.) and the existing garage will be converted into an attached family care unit (700 sq. ft.). The maximum square footage for an attached family care unit is 700 square feet. The proposed use will not require additional land area. G. Site Plan: The proposed use shall be required to comply with the site plan review procedures and standards of Section 8.5, site plan review, as specified. The petitioner provided a site plan that conforms to the standards of Section 8.5 (see attachment). STAFF CONCLUSION Staff concludes that approval of SUP is appropriate. The petitioner s request for an attached family care unit of 700 square feet with a second stove will not adversely affect adjoining properties. The petitioner has provided documents showing the location of the proposed use and the family care unit should not negatively affect the surrounding neighborhood. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition 17-67, a request from Eleanore Barry-Prather, for a Special Use Permit to allow an attached family care unit in the SF-10 Single Family Residential District for property located at 4900 Evergreen Drive. 4

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9 Page 7 San Juan County Assessor s Office (2017). Account: R Available at: < CH&sketchNum=1&page=1> 7

10 Page 8 Photos of Subject Property San Juan County Assessor s Office (2017). Account: R Available at: < =R &an=0&page=1&viewer=true> 8

11 PLANNING MEMO COMMENTS SUMMARY SUP EVERGREEN DR Deadline: 9/13/17 City of Farmington Departments CD Director M. Holton No comment CD CD CD CD CD Addressing Planning Division Chief Building Official D. Childers Long Range Planner MPO D. Garcia Oil & Gas Inspector L. Simms CITY City Manager s Office J. Baird No comment ELEC Customer Care Manager L. Richardson ELEC Electrical Engineering L Aligarbes No comment ELEC FIRE FIRE T & D R. Romero Fire Captain D. Doudy Fire Marshall B. Vega LEGAL City Attorney J. Breakell No comment LEGAL POLICE POLICE Deputy City Attorney R. Frost Code Compliance T. Johnston Sergeant P. Flores PRCA C. Styron No comment PW City Engineer N. Westerling PW Engineering T. Sitta No comment PW Streets Superintendent C. Fuller Page 9 A building permit is required for the renovation of the garage. PW Traffic Engineer C. Trask 9/12/17 verbal: No comment PW Water/Waste Water M. Tso No comment Other Entities New Mexico Gas Company L. Moore CenturyLink D. Willato Enterprise Field Services Comcast Cable M. Johnson CH2MHILL OMI R. Rosen Field Services Farmington School District C. Lyons No comment 9

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18 MINUTES PLANNING & ZONING COMMISSION September 14, 2017 The Planning and Zoning Commission met in a regular session on September 14, 2017 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. P&Z Members Present: P&Z Members Absent: Staff Present: Others Who Addressed the Commission: Chair-Joyce Cardon Clint Freeman Kristin Langenfeld Cheryl Ragsdale Paul Thompson Cody Waldroup Del Washburn Ryan Brown Shay Davis Julie Baird Mary Holton Helen Landaverde Cindy Lopez Karen Walker Alicia Corbell Charles Hoisington Call to Order Chair Joyce Cardon called the meeting to order at 3:00 p.m. There being a quorum present the following proceedings were duly had and taken. Presentation of the Agenda There were no changes to the agenda. Approval of the Minutes A motion was made by Commissioner Ragsdale and seconded by Commissioner Waldroup to approve the minutes of the July 27, 2017 P&Z Meeting. This motion was approved unanimously by a 7-0 vote.

19 Chair Cardon said her son works for Open Loop Energy. She declared that she has no monetary interest in the company and has not discussed the zone change with her son. She asked the Commissioners if she should recuse herself. The Commissioners voted unanimously to allow Ms. Cardon to participate in the discussion and vote for ZC Swearing in of Witnesses All parties that wished to speak on behalf of any agenda items were sworn in by Karen Walker. CONSIDERATION & RECOMMENDATION ZC Zone Change GC to IND with a variance to the setback requirements Planning & Zoning Commission Discussion of Petition ZC on September 14, 2017 Associate Planner Helen Landaverde presented the staff report for ZC 17-59, a request from Charles Hoisington with Open Loop Energy, Inc., for a zone change from GC, General Commercial to IND, Industrial, and for a variance to the front, rear, and side yard setback requirements in the IND District for 1.23 acres for property located at 403 E. Animas. The owner would like to relocate Open Loop Energy, Inc. s existing machine shop at 409 E. Broadway to 403 E. Animas. San Juan Tax Assessor s records show that the following are on the property: an office building, mini-warehouses, and storage warehouse. The proposed machine shop will be in the existing storage building which is located on the site that is currently zoned GC. The industrial district is intended to accommodate low-intensity uses and new development proposals in areas that have adequate infrastructure. The property is located within the Animas Neighborhood of the Farmington Comprehensive Plan and the Animas District of the Metropolitan Redevelopment Area (MRA), said Ms. Landaverde. The Comprehensive Plan and the MRA Plan recommend and encourage mixed-use development for the property. The proposed zone change promotes the City s Economic Development Plan, which is one of the core goals of the Comprehensive Plan. The MRA Board recommended approval of the proposed zone change from General Commercial to Industrial by a vote of 4-0 on August 17, 2017.

20 Ms. Landaverde said the proposed zone change meets the Comprehensive Plan s Land Use and Development Objective The property has access to primary streets and major thoroughfares. Research shows that the subject property is not located within a flood zone. The petitioner is also requesting a variance to the required front, rear, and side yard setbacks for the property, stated Ms. Landaverde. The property is a double-frontage lot and is currently zoned General Commercial, which does not have setback requirements. For the zone change to industrial, the required front setback is 30 feet, a rear setback of 20 feet, and a side setback of 5 feet. The mini-warehouses are approximately 11 feet from the front yard property line and 16 feet from the side yard property line. The office building is approximately 11 feet from the north front property line. The storage warehouse is approximately 7 feet from the north front property line and zero feet from the side property line. The proposed variance, if approved, would allow the property to come into compliance with the Industrial District density and dimensional standards. In addition, said Ms. Landaverde, the property presently does not meet the Code s parking requirement in the IND District for the proposed industrial use. Should the change be approved, the petitioner will be required to provide marked parking spaces for the industrial use. The proposed zone change is consistent with the Comprehensive Plan and the city s Municipal Code. It would allow for a machine shop in the Industrial District and the petitioner has stated that he might expand the machine shop at a later time. Any industrial use in the Industrial District must comply with Unified Development Code (UDC) use regulations and off-street parking regulations. Any future redevelopment or demolition will need to meet the established requirements of the Industrial District. The Community Development Department recommends approval of Petition ZC Commissioner Langenfeld asked if the variance stayed with the property in regards to setbacks or do any new buildings have to come into compliance with Industrial District standards. Planning Manager Cindy Lopez said the current buildings are grandfathered in. The variance would allow the petitioner to add on to the current buildings and would allow the existing buildings to be replaced with the same setbacks if destroyed. Commissioner Freeman asked if there would be a parking problem if the property was zoned Industrial. Ms. Lopez said there is sufficient property for parking, but as an Industrial area they would have to provide striped parking.

21 Commissioner Thompson asked if there was any advantage to merging the two properties that Mr. Hoisington owned into one lot. There was some discussion on the abandoned road that abuts the property. Ms. Lopez said it could be consolidated, but it was not necessary. Commissioner Langenfeld asked if there was any other zoning that would work besides another industrial zone in that area of the Animas District in the MRA. Ms. Lopez said a machine shop is only allowed in the Industrial District. Ms. Landaverde mentioned that other properties next to this property are owned by Mr. Hoisington and are also zoned Industrial. Charles Hoisington, who lives at 2625 W. Relation St, Safford, Arizona, noted that the home office for his company is in Safford, Arizona. He bought San Juan Spring when they decided to close their business, and has added 35 employees from San Juan Spring to his company. Commissioner Thompson asked Mr. Hoisington to point out the properties that he owned. Mr. Hoisington pointed to several properties and said the buildings on each of the two lots noted in this petition are actually attached. He said he did not know a machine shop was not allowed on the 403 Animas parcel until after he bought the property. Mr. Hoisington said he currently houses his machine shop in a building next to Walmart on West Main Street, and explained that it was inefficient to have the machine shop so far away from the rest of the business. Commissioner Thompson asked if the two lots, 401 and 403 E. Animas, were combined, would the setback issues be a problem. Ms. Lopez said all except the north side would still be affected. Community Development Director Mary Holton said if Mr. Hoisington were to come back with a large redevelopment, then it would be required to be consolidated. She said it is allowed in the UDC on nonconforming structures. Commissioner Thompson asked if the Commissioners could approve the variance just on the 403 E. Animas property. Yes, said Ms. Holton, and added that variances are typically submitted to the Administrative Review Board, however, because the City Council has the ultimate decision-making authority, the variance was combined with the zone change to expedite the process for the petitioner. Chair Cardon asked Mr. Hoisington is his plan was to close the machine shop by Walmart and combine everything on the east Animas properties. Mr. Hoisington said that was the ultimate plan.

22 Alicia Corbell, Director of Retention and Expansion with 4-Corners Economic Development, said she is in support of the zone change for Mr. Hoisington. She discussed the amount of revenues and jobs that Mr. Hoisington is bringing into our economy. Ms. Corbell said Mr. Hoisington s business is the type that every community works to acquire in their town, and she was in support of Mr. Hoisington s business. Commissioner Waldroup asked staff if Mr. Hoisington would be able to use the abandoned property on the north and the south. Ms. Lopez said the abandoned property would be incorporated into his property. Commissioner Thompson said he was concerned about granting the variance if it stayed forever with the property. He said he was in favor of the application, but was concerned that if all the buildings were demolished and other buildings were built, that the GC setbacks would still be permitted in an Industrial District. Ms. Holton noted that GC has zero setbacks. Commissioner Freeman asked if the IND zoning could be granted without the variance. Ms. Holton said staff was trying to allow flexibility in case Mr. Hoisington needed to add on to the existing buildings. Ms. Lopez explained that if the buildings were demolished and rebuilt, Mr. Hoisington would be required to consolidate the properties. The setbacks would then be less of an issue because right now the variance is to the property lines as they currently exist and would not include the abandoned property. Ms. Lopez said there would also be building code issues that would have to be met for commercial buildings. Planning & Zoning Commission Discussion of Petition ZC on September 14, 2017 A motion was made by Commissioner Thompson and seconded by Commissioner Ragsdale to approve Petition ZC 17-59, a request from Charles Hoisington with Open Loop Energy, Inc., for a zone change from GC, General Commercial to IND, Industrial, and for a variance to allow an 11 foot setback on the west and north property lines, a 16 foot setback on the south property line, and zero foot setback from the east property line, for 1.23 acres for property located at 403 E. Animas. AYE: Chair Cardon, Commissioners Freeman, Langenfeld, Ragsdale, Thompson, Waldroup, and Washburn. NAY: None Abstained: None Absent: Commissioners Brown, and Davis.

23 Motion passed 7-0 Discussion and motion to amend the Planning & Zoning Commission Rules of Procedure Chair Cardon noted the highlighted changes for the Planning & Zoning Commission Rules of Procedure in the Agenda Book. Ms. Lopez said there had been changes in the Open Meetings Act that required changes to the Rules of Procedure in regards to providing 72 hours notice for any Planning & Zoning emergency meeting rather than 48 hours. A motion was made by Commissioner Waldroup to approve the changes to the Planning & Zoning commission Rules of Procedure as shown in the P&Z Agenda Book. The motion was seconded by Commissioner Ragsdale. The vote was 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 the Members Business from Staff: There was no business from Staff. Adjournment: With no further business and a motion by Commissioner Waldroup and seconded by Commissioner Ragsdale, the Planning and Zoning Commission meeting of September 14, 2017 was adjourned at 3:36 p.m. Joyce Cardon Chair Karen Walker Administrative Assistant