A G E N D A. Planning & Zoning Commission City Council Chambers 800 Municipal Drive August 16, 2018, 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 August 16, 2018, at 3:00 p.m. Item Page 1 Call Meeting to Order 2 Approval of the Agenda Approval of the Minutes of the June 28, 2018 P&Z Meeting Petition No. PFP a request from Craig Stoabs of Silver Ridge Development, represented by Cheney-Walters-Echols, Inc. for a preliminary/final plat for Windsor Heights Subdivision No. 5, a 13-lot subdivision within 6.33 acres of land. The property is located north of Majesta Street and east of Camaron Avenue. (Cindy Lopez) Business from: Floor: Chairman: Members: Staff: Adjournment 16 1 he recommendation of the Planning and Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, August 28, 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 PETITION REPORT Preliminary Plan and Final Plat for Windsor Heights Subdivision No.5 Petition No. PFP A. STAFF REPORT, August 16, 2018 PROJECT INFORMATION Applicant Craig Stoabs of Silver Ridge Development Representative Robert Echols, C-W-E Inc. Date of Application July 13, 2018 Requested Action Location Existing Land Use Existing Zoning Surrounding Zoning & Land Use Preliminary Plan and Final Plat approval North of Majesta Street and East of Camaron Avenue Vacant NA North: SF-7 Single-family Residential/Residential South: SF-7 Single-family Residential/Residential East: SF-7 Single-family Residential/Residential West: SF-7 Single-family Residential/Residential Subdivision Class Class 1 Notice Public notice is not required for Preliminary Plans or for Final Plats Staff Planner Cynthia Lopez, Planning Manager SUBDIVISION INFORMATION Number of Lots 13 lots Acres of Land 6.33 ± acres Minimum Lot Size 12,562 square feet, ± acres Water: Per City standards. Utilities Sewer: Per City standards Electric: Per Electrical Engineering Access & Circulation Cyrena Circle, from Camaron Avenue to Majesta Street Street Lights Street Signs Fire Hydrants Drainage Recreation Per City standards Per City standards Per City standards Per City standards Per City standards

4 GENERAL INFORMATION The petitioners are requesting a Preliminary Plan and Final Plat approval of the Windsor Heights Subdivision No. 5, which is a 13-lot subdivision east of Camaron Avenue and north of Majesta Street. The lots will front onto Cyrena Circle. Cyrena Circle is shown with an eyebrow on the south side about half-way through the circle. Four lots connect to the eyebrow. The subdivision contains 8-lots in Block 1 on the north side of Cyrena Circle and 5-lots in Block 2 on the south side of Cyrena Circle. A final plat for the Windsor Heights Subdivision No. 5 was approved by City Council of February 26, 2008 (FP 08-01). A final plat expires if it is not recorded within three years unless an extension is requested and granted. An extension was granted on February 11, 2011 expiring on February 26, 2013 and again on January 23, 2013 expiring on February 26, No further extensions have been granted and the final plat for Windsor Heights Subdivision No. 5 has expired. The original final plat for Windsor Heights Subdivision No. 5 allowed the following variances: a. To allow a maximum 9% grade on Cyrena Circle. b. To allow Cyrena Circle a 24 foot wide face of curb to face of curb street section with no on street parking, except in designated parking areas. c. To allow the 18 inch above gutter requirement for the finished floor be waived and substituted with a 10 foot drainage easement designed to the satisfaction of the City Engineer. and the following conditions: a. The approval shall be subject to any technical corrective changes, or easements required by the Community Development Department. b. The developer will pay $12, dollars towards the cost of the (PRV) pressure reducing valve installed at Messina and Camaron. c. Construction drawings for the eyebrow that will replace the Cyrena Ct. cul-de-sac will be submitted to the City Engineer for review and approval. d. The petitioner shall construct, bond, provide a letter of credit or enter into a subdivision agreement to secure the public improvements prior to the recording of the final plat. e. Construction drawings shall be reviewed and approved by the city engineer prior to the submittal of any final plat for recording. f. No parking on streets unless a parking turnout is provided.

5 Construction drawings for the eyebrow design have been submitted to Public Works. The drawings are substantially complete and require minor corrections. The final plan shows a 10-foot drainage easement along the back of Lots 1 & 2 of Block 1 and along the front of Lots 3-7 in Block 1. A drainage easement also runs from the back of Lots 1-8 Block 1 to the front of the lots along the side property lines. Public Works is working with the developer on determining the need for a Geotechnical Report regarding the assumed clay on the site. On July 3, 2008 the City of Farmington negotiated with Craig Stoabs for an exchange of property in lieu of paying the $12,500 cost for the PRV Pressure Reducing Valve at Camaron and Messina. The Outlot 1 Block 1 of the Wilshire Estates #6 Phase 3A Subdivision recorded on July 9, 2008 is dedicated to the City of Farmington per the negotiated agreement of July 3, ISSUES Technical and Corrective Changes: Toni Sitta Technical corrections on construction and drainage plans will be completed prior to the signing of the final plat. Electrical Engineering: Luwil Aligarbes Need to show on the plat the existing underground power line. Water/Waste Water: Manuel Tso The existing fire hydrant needs a concrete base poured per COF Detail D New Mexico Gas Company: L. Moore NMGCO has gas line running in the street through this subdivision. I do not see it noted anywhere? Community Development: Mary Holton No comments, except that any waivers requested to the subdivision regulations will require a meeting with the Director of Community Development and the Director of Public Works with the applicant prior to the Planning & Zoning Commission s consideration. STAFF CONCLUSION Staff concludes that approval of the Preliminary/Final Plat is appropriate. The variances for the site were approved in 2008 and are still appropriate. The conditions of the original Final Plat have been substantially reviewed and need minor corrections. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition PFP 18-52, a request from Craig Stoabs of Silver Ridge Developers, represented by Robert Echols of Cheney-Walters-Echols Inc. for a

6 Preliminary/Final Plat for Windsor Heights Subdivision No. 5, with the following conditions: a. The approval shall be subject to any technical corrective changes, or easements required by the Community Development Department. b. Construction drawings are submitted but require approval by the city engineer prior to the submittal of any final plat for recording. c. No parking on streets unless a parking turnout is provided. d. If required by the City Engineer a Geotechnical Report will be submitted to the City, prior to the issuance of any building permits.

7 AERIAL OF WINDSOR HEIGHTS SUBDIVISION NO. 5

8 FINDINGS FROM ORIGINAL FINAL PLAT APPROVAL CITY OF FARMINGTON FINDINGS OF FACT, CONCLUSIONS OF LAW, AND FINAL DECISION REQUEST: PETITION FP Windsor Heights Subdivision No. 5 Petition FP is a request from Craig Stoabs, represented by George Walters of Cheney-Walters-Echols, Inc, for the Windsor Heights Subdivision No. 5, for final plat approval of a 13-lot subdivision of 6.33 acres located north of Majesta Street and east of Camaron Ave. in the SF-7 Single-Family Residential District. PUBLIC PARTICIPATION: A. Publication of Notice is not required for final plats. B. The Planning and Zoning Commission conducted a public meeting on this request on Thursday, February 14, The petitioner s representative was present at the hearing and spoke in favor of the request. SUMMARY OF RELATED FACTS: The Property Location Physical Characteristics Existing Land Use Existing Zoning Surrounding Zoning and Land Use North: South: East: West: North of Majesta Street and east of Camaron Ave. Small Canyon Vacant SF-7 Single Family Residential District SF-7 Single Family Residential District-Residential SF-7 Single Family Residential District-Residential SF-7 Single Family Residential District-Residential SF-7 Single Family Residential District-Residential Description of Proposed Activity The petitioner is proposing a 13-lot subdivision of 6.33 acres in the SF-7 Single-Family Residential District. The Planning and Zoning Commission granted preliminary plan approval on July 12, Public improvements are in the process of being installed. The petitioner is asking for variances to the maximum grade of Cyrena to be 9%, that lots 1-4 Block 1 have the 18 inch above gutter requirement for the finished floor be waived and substituted with a 10 foot drainage easement designed to the satisfaction of the City Engineer, the width of Cyrenas be reduced to 21 feet back of curb, the width of the cul-de-sac be 60 feet back of

9 curb and street parking be limited to areas where parallel parking spaces are provided. FINDINGS: 1. Craig Stoabs is the owner of the property. 2. The preliminary plan for the Windsor Heights Subdivision No. 5 was approved by City Council on July 12, The approved preliminary plan was for a 13-lot subdivision on 6.33 acres. 3. The developer has agreed to pay $12, towards the cost of the pressure reducing valve (PVC) that the City installed at Messina and Camaron. 4. The petitioner has requested variances to the maximum grade of Cyrena to be 9%, that lots 1-4 Block 1 have the 18 inch above gutter requirement for the finished floor be waived and substituted with a 10 foot drainage easement designed to the satisfaction of the City Engineer, the width of Cyrena be reduced to 21 feet back of curb, the width of the cul-de-sac be 60 feet back of curb and street parking be limited to areas where parallel parking spaces are provided. 5. At the Planning and Zoning meeting the petitioner requested that the Cyrena Ct. cul-de-sac be modified to an eyebrow eliminating the cul-desac and that sidewalks be waived for Lots An eyebrow instead of a cul-de-sac as shown on the petitioners hand drawn site plan (submitted on 2/13/08 to the Community Development Department) shows Lots 2, 3 and 4 Block 2 as flag lots. The petitioner will need to meet flag lot requirements pursuant to 6.4.5C in the Unified Development Code. 7. The City Engineer recommended a street section of 24 foot wide face of curb to face of curb with no street parking instead of the requested variance for a 21 foot back of curb street section. COMMISSION ACTION of February 14, 2008: Motion was made by Commissioner Ivie and seconded by Commissioner Williams to approve FP 08-01, from Craig Stoabs, represented by George Walters of Cheney-Walters-Echols, Inc, for the Windsor Heights Subdivision No. 5, for final plat approval of a 13-lot subdivision of 6.33 acres located north of Majesta Street and east of Camaron Ave. in the SF-& Single-Family Residential District, with the following variances: d. To allow a maximum 9% grade on Cyrena Circle. e. To allow Cyrena Circle a 24 foot wide face of curb to face of curb street section with no on street parking, except in designated parking areas.

10 f. To allow the 18 inch above gutter requirement for the finished floor be waived and substituted with a 10 foot drainage easement designed to the satisfaction of the City Engineer. and subject to the following conditions: g. The approval shall be subject to any technical corrective changes, or easements required by the Community Development Department. h. The developer will pay $12, dollars towards the cost of the (PRV) pressure reducing valve installed at Messina and Camaron. i. Construction drawings for the eyebrow that will replace the Cyrena Ct. cul-de-sac will be submitted to the City Engineer for review and approval. j. The petitioner shall construct, bond, provide a letter of credit or enter into a subdivision agreement to secure the public improvements prior to the recording of the final plat. k. Construction drawings shall be reviewed and approved by the city engineer prior to the submittal of any final plat for recording. l. No parking on streets unless a parking turnout is provided. AYE: NAY: ABSTAINED: ABSENT: Chairman Shields, Commissioners Buchanan (alt.), Byrom, Ivie, Kuchera, Moffett, Simpson, and Williams None None Commissioners Bird and Cardon The motion passed (8-0) COUNCIL ACTION: On February 26, 2008 the City Council adopted the Planning and Zoning Commission Action Summary and approved Petition FP 08-01, from Silver Ridge Development/Craig Stoabs, represented by George Walters with Cheney- Walters-Echols Inc., for Final Plat approval of the Windsor Heights Subdivision No. 5, a 13-lot subdivision on 6.33 acres in thesf-7 Single-family Residential District, located north of Majrsta Street and east of Camaron Ave., subject to conditions approved by the Planning and Zoning Commission.

11 PLANNING MEMO COMMENTS SUMMARY PFP WINDSOR HEIGHTS SUBDIVISION #5 (FP 08-01) Deadline: 7/23/18 City of Farmington Departments CD CD Director M. Holton Addressing Planning Division No comments, except that any waivers requested to the subdivision regulations will require a meeting with the Director of Community Development and the Director of Public Works with the applicant prior to the Planning & Zoning Commission s consideration. CD Chief Building Official D. Childers No comment CD Long Range Planner CD MPO D. Garcia CD Oil & Gas Inspector L. Simms CITY City Manager s Office J. Baird No comment ELEC Customer Care Manager L. Richardson ELEC 1. Need to show on the plat the existing underground power line. Please see Electrical Engineering L Aligarbes attached map. 2. If you have questions, please call Luwil at ELEC T & D R. Romero FIRE Fire Captain D. Doudy FIRE Fire Marshall B. Vega LEGAL City Attorney J. Breakell LEGAL Deputy City Attorney E. Wayne No comment POLICE Code Compliance M. Romero POLICE Sergeant P. Flores PRCA C. Styron No comment PW City Engineer N. Westerling PW Technical corrections on construction and Engineering T. Sitta drainage plans will be completed prior to the signing of the final plat. PW Streets Superintendent PW PW Traffic Engineer C. Trask Water/Waste Water M. Tso 7/30/18 The existing fire hydrant needs a concrete base poured per COF Detail D-207. Other Entities New Mexico Gas Company L. Moore NMGCO has gas line running in the street

12 CenturyLink D. Willato Enterprise Field Services Comcast Cable M. Johnson CH2MHILL OMI R. Rosen Field Services Farmington School District C. Lyons through this subdivision. I do not see it noted anywhere? No comment

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18 MINUTES PLANNING & ZONING COMMISSION June 28, 2018 The Planning and Zoning Commission met in a regular session on June 28, 2018 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 Shay Davis Kristin Langenfeld Cheryl Ragsdale Mitchell Sewell Ryan Brown Clint Freeman Cody Waldroup Teri Clashin Cindy Lopez Toni Sitta Karen Walker Frank Patterson 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 Davis to approve the minutes of the May 24, 2018 P&Z Meeting. This motion was approved unanimously by a 5-0 vote. It was noted that Petition No. ZC 18-39, a request from Steven Gabaldon Trust, represented by Cheney-Walter-Echols, was postponed at the petitioner s request.

19 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 from SF-7 SMHA to GC 1405 Hutton Avenue Planning & Zoning Commission Discussion of Petition ZC on June 28, 2018 Associate Planner Teri Clashin presented the staff report for ZC 18-43, a request from Nina Patterson Revocable Trust, represented by Frank Patterson, for a zone change from SF-7 SMHA, Single Family Residential with a Special Mobile Home Area Overlay to GC, General Commercial in the Industrial Subdivision, for property located at 1405 Hutton Avenue. Basin Roof Systems Construction Contractors, Inc. is located at this address. The Industrial Subdivision was recorded on January 25, 1954 and was platted as a residential subdivision. The property was originally a gas station in the 1950s. According to the petitioner, his family purchased the property in 1967 and established Universal Equipment & Brokers. Later, in 1986, the petitioner s family established Basin Roof Systems Construction Contractors, Inc. The business property was pre-existing before the implementation of many of the City s plans and policies, as well as the UDC, Unified Development Code. Consequently, the property is considered to have legal nonconforming use. Pursuant to UDC Section 2.3 Permitted Use Table, service businesses are not an allowed use in the SF-7 SMHA. The petitioner is requesting a zone change for the purpose of bringing their business into compliance by eliminating the nonconforming status and to make improvements to the property. Industrial Sales and Services are a permitted use in the GC district. To the north of the property is zoned MF-M, Multi-Family Medium Density with existing apartments; to the west and south is SF-7 SMHA; to the east is GC and SF-7. The Animas Elementary School is located across Hutton Avenue to the northeast. This area along Hutton Avenue has been changing and as you get closer to Main Street, there are more commercial uses along the street. The proposed zone change is consistent with the Farmington Comprehensive Plan, the Economic Development Plan, and is compatible with the character of the commercial properties in the neighborhood. Staff recommends approval. Frank Patterson, 1405 Hutton Avenue, said he is trying to restore the property to its original condition. Mr. Patterson said the area consisted mostly of vacant properties when his family bought the property and it has never been used as a residence. The property was developed as

20 a commercial property. It was one of the last gas stations on the way out of town. Residential uses developed around the property later. Commissioner Sewell asked Mr. Patterson why he was seeking a zone change. Mr. Patterson said he came to the Planning Division to get a permit to put an awning on the front of the business so that he and his staff could work on their business vehicles. That was when he found out the property was zoned residential and he would not be allowed to make these improvements. Commissioner Sewell asked about the neighboring property, 1408 Pear Grove Lane, that is also owned by Mr. Patterson. Mr. Patterson said he has been remodeling the residence on that property. Currently, his employees park their vehicles there when they are out on jobs. Commissioner Langenfeld asked that the Planning Division keep the future zoning map in mind for future zoning on this property. She said she would like to see the area zoned LNC, Local Neighborhood Commercial, in the future. Chair Cardon noted that the current business has been there for a number of years and shows a solid business background. If the business use were to change in the future, consolidation with the zoning in the area might be considered. Planning & Zoning Commission Action of Petition ZC on June 28, 2018 A motion was made by Commissioner Langenfeld and seconded by Commissioner Ragsdale to approve Petition ZC 18-43, a request from Nina Patterson Revocable Trust, represented by Frank Patterson, for a zone change from SF-7 SMHA, Single Family Residential with a Special Mobile Home Area Overlay to GC, General Commercial in the Industrial Subdivision, for property located at 1405 Hutton Avenue. AYE: Chair Cardon, Commissioners Davis, Freeman, Langenfeld, and Ragsdale. NAY: None Abstained: None Absent: Commissioners Brown, Freeman, and Waldroup. Motion passed 6-0 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

21 Business from Staff: Ms. Lopez introduced Mitch Sewell, the new Planning & Zoning Commissioner. It was noted by Ms. Lopez that Petition ZC 18-30, a request from Jesus Rene Castillo, for a zone change from GC, General Commercial to MU, Mixed Use for property located at 603 W. Animas Street was approved on consent at the June 12, 2018 City Council meeting. Ms. Lopez asked the Commissioners if they could volunteer or nominate three Planning & Zoning Commissioners to participate on a UDC, Unified Development Code Advisory committee to help write a change for the UDC concerning SUPs, Special Use Permits. Ms. Lopez discussed the change that is required for the SUP code. Commissioners Cardon and Sewell volunteered to be on the committee. Commissioner Freeman, who was not present, was nominated to be on the committee. Adjournment: With no further business and a motion by Commissioner Davis and seconded by Commissioner Sewell, the Planning and Zoning Commission meeting of June 28, 2018 was adjourned at 3:33 p.m. Joyce Cardon Chair Karen Walker Administrative Assistant