Administrative Review Board

A G E N D A Administrative Review Board City Council Chambers 800 Municipal Drive, Farmington, NM April 7, 2022 - 6:00 p.m. 1. Call Meeting to Order 2. Approval of the Agenda 3. Approval of Meeting Minutes from March 3, 2022 4. Petition No. ARB 22-13 – A request from Jason Little for a variance to the 300-foot distance requirement from a religious institution for a Cannabis Retail Facility. Located at 7101 E. Main St. 5. Petition No. ARB 22-16 – A request from Charles Bisland for a variance to the required minimum lot area in the RE-2, Residential District. The petitioner is requesting a variance to allow for the existing lot to be split into two lots with one lot to be less than 2 acres. The property is located at 8655 Foothills Drive (R0055005). One lot will be the required 2 acres; the second lot will be 1.954 acres. Located at 8655 Foothills Dr. 6. Business from: Floor: Chairman: Members: Staff: 7. Adjournment ALL DECISIONS OF THE ADMINISTRATIVE REVIEW BOARD ARE FINAL UNLESS APPEALED IN WRITING TO THE CITY CLERK‘S OFFICE WITHIN 15 DAYS. 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 Administrative Review Board March 3, 2022 The Administrative Review Board met in regular session on Thursday, March 3, 2022 at 6:00 p.m. in the Executive Conference Room, 800 Municipal Drive, Farmington, New Mexico. Members Present: Chair James Dennis Vice Chair Brian Erickson Carl Winters Members Absent: Shorty Rogers Staff Present: Mike Safrany Tami Spencer Andrea Jones Others Addressing the Board: Matthew Kopelman – Telephonically Call to Order The meeting was called to order at 6:00 p.m. by Chair James Dennis and there being a quorum present the following proceedings were duly had and taken. Approval of the Agenda Vice Chair Erickson made a motion to approve the Agenda, Board Member Winters seconded the motion. The motion passed unanimously by a vote of 3-0. Approval of the Minutes from the January 6, 2022 Regular Meetings Board Member Winters made a motion to approve the minutes, with noted correction, of the February 3, 2022 regular meeting. Vice Chair Erickson seconded the motion. The motion passed unanimously by a vote of 3-0. Swearing in of Witnesses Tami Spencer, Administrative Assistant swore in all parties that wished to speak. ____________________________________________________________________________ Petition ARB 22-05 – 3150 E. Main St. Ste. A20 Mike Safrany, Associate Planner, presented the following: Variance Request • The petitioner is Matthew Kopelman, potential tenant 1  • Location: 3150 E Main St. Suite A20 • Request: Waiver of the 300-foot distance requirement from a retail cannabis establishment to a religious establishment, a private or public school, and a retail cannabis establishment. Applicable Code • City of Farmington Unified Development Code Section 2.4.41 Recreational cannabis sales: Retailers of recreational cannabis shall be licensed by the New Mexico Cannabis Control Division. Retail sales are permitted in the CB: Central Business, GC: General Commercial and I: Industrial Zoning Districts only. Such uses shall not be permitted within 300 feet of any school (public and private), religious institution, registered daycare center or from another dispensary. Distance is measured by a straight line from the closest property line of the retail business to the closest property line of a religious institution, school, registered daycare or dispensary. (NMSA Chapter 60-6b-10) Aerial View Zoning Map 2  Staff Analysis 1. That special conditions and circumstances exist, which are peculiar to the land, structure or building involved and are not applicable to other lands, structures or buildings in the same district; and, furthermore, that they are not self-imposed, self- created or otherwise the result of actions by the applicant. All three physical buildings are over 700 ft. away from the subject property with retail businesses in between, including several major retail businesses. Also, the buildings are facing different directions and use different parking lots and street entrances. Despite the actual distance, the property lines are considered within 300 ft. from each other. This criterion IS met. 2. That a literal interpretation of the provisions of the Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Code. A literal interpretation of the code would prohibit a retail cannabis facility from being located at 3150 E Main St. This criterion IS met. 3. The applicant demonstrates that the request is a minimum easing of the Code requirements, making possible the reasonable use of the land, building or structure. Considering the realities of the distances, the retail buffers plus the 80-foot right-of-way provided by 20th Street and the location of all three institutions being over 700 feet from the subject property, this request is a minimum easing of the Unified Development Code 3  and would allow the property owner to have a retail cannabis sales store on the subject property. This criterion IS met. 4. That the granting of the variance is in harmony with the general interest, the general purpose and intent of the Code, and is not injurious to the neighborhood or otherwise detrimental to the public welfare. The proposed variance is not injurious to the neighborhood. The location is surrounded by commercial businesses and is on one of Farmington’s main commercial corridors. This criterion IS met. 5. That the proposed variance will not permit a use not otherwise allowed in the underlying district. Granting of this variance would not permit a use not otherwise allowed in the GC: General Commercial Zoning District. This criterion IS met. 6. That no nonconforming use of neighboring lands, structures or buildings in the same district and no permitted use of lands, structures or buildings in other districts has been or shall be considered grounds for the issuance of a variance. No nonconforming uses, structures or buildings in the same district have been considered as grounds for this variance request. This criterion IS met. 7. That the applicant would suffer an unnecessary hardship if the variance requested were denied. The applicant would be prevented from opening a retail cannabis facility at the location of the subject property. The property owner would lose a potential tenant. This criterion IS met. Public Notice • Letters were sent to 4 surrounding property owners. At the time of this report, no public input has been received. Staff Recommendation The Community Works Department recommends approval of Petition ARB 22-05 from Matthew Kopelman for a variance from Section 2.4.41 of the City of Farmington Unified Development Code to allow for a waiver of the 300-foot distance requirement from a retail cannabis facility to a religious institution, a school and an adjacent retail cannabis 4 facility. Discussion Chair Dennis stated that the board was familiar with the issues that were presented for this variance. If the distance is measured from the property lines, it is not compliant, but in reality, it meets the intent of the 300 feet distance requirement. Vice Chair Erickson asked Associate Planner Safrany if the school or the religious institution had been notified. Associate Planner Safrany replied the notification letters only go out to the property owners, and he is unaware if the property owner had informed their tenants about this meeting. Mr. Safrany also mentioned that a sign had been posted on the property letting the public know that the petition had been applied for with the dates for this meeting. Mr. Safrany also stated there is a property line that goes down the middle of the parking lot, which is where the 300 feet measurement for the school and religious institute would be measured. Board Member Winters inquired about the residences behind Staples, shouldn’t they be notified. Associate Planner Safrany stated that measurement would start from the property line in the middle of the parking lot and the residences were not within the 100 feet, so they would not receive a letter. Chair Dennis added there is not anything in the code that stipulates a distance to a residence. Mr. Safrany agreed with this statement. Chair Dennis requested petitioner, Matthew Kopelman be sworn in. Administrative Assistant Tami Spencer swore in Matthew Kopelman. Mr. Kopelman stated that the Charter Institute is a for-profit college and that children will not be attending that school. Chair Dennis closed the public portion of this meeting, and asked the Board if they had anything other comments. Board Member Winters wanted clarification of the property line that goes down the middle of the parking lot. Associate Planner Safrany reiterated where the property line was located. Board Member Winters replied that he was concerned if some of the property owners were not notified on an action that had been taken that evening, could be contested on that basis. Mr. Safrany assured that the property owners with 100 feet had been notified. Chair Dennis called for a motion. Motion Vice Chair Erickson made a motion to approve petition ARB 22-05 as recommended by staff. Board Member Winters seconded the motion. The motion passed unanimously 3-0. AYE: Chair Dennis, Vice Chair Erickson, and Board Member Winters NAY: None ABSTAIN: None ABSENT: None APPROVED 3-0 5 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 Board Members. Business from Staff: There was no business from Staff. Adjournment: A motion was made by Vice Chair Erickson to adjourn the March 3, 2022 meeting of the Administrative Review Board; Board Member Winters seconded the motion. The meeting of March 3, 2022 was adjourned at 6:23 p.m. __________________________________ __________________________________ James Dennis Tami Spencer Chair Administrative Assistant 6  ADMINISTRATIVE REVIEW BOARD PETITION ARB 22-13 Variance to Section 2.4.41 of the City of Farmington Unified Development Code to waive the 300-foot distance requirement from a retail cannabis facility to a religious institution. DESCRIPTION OF PETITION Property owner is asking for a variance from Section 2.4.41 of the Unified Development Code requiring a 300-foot distance from a religious institution to a cannabis retail facility. This distance is measured property line to property line exclusive of right-of-way. LEGAL DESCRIPTION Parcel ID – R0035530 Otherwise located at 7101 E. Main St. GENERAL INFORMATION Applicant Jason Little, potential tenant Property Owner Nexstar 1 LLC Location of Property 7101 E Main Street Nature of Petition The petitioner is requesting a variance to the required distance of 300 feet for a retail cannabis sales operation to a religious institution. Applicable Regulations City of Farmington Unified Development Code Section 2.4.41 Recreational cannabis sales: A. Retailers of recreational cannabis shall be licensed by the New Mexico Cannabis Control Division. B. Retail sales are permitted in the CB: Central Business, GC: General Commercial and I: Industrial Zoning Districts only. C. Such uses shall not be permitted within 300 feet of any school (public and private), religious institution, registered daycare center from another dispensary. Distance is measured by a straight line from the closest property line of the retail business to the closest property line of a religious institution, school, registered daycare or dispensary. (NMSA Chapter 60-6b-10) Zoning GC: General Commercial Existing Use Existing 6,300 square foot commercial building with additional gas pumping stations covered by a canopy Surrounding Zoning/ Land Use North: RA: Rural Agriculture – Well site GC: General Commercial – Rosenbaum Construction Company South: No Zoning/SJ County: – Cave Enterprises Pipe Supplier, Residences East: No Zoning/SJ County: – Vacant Wood Shop West: No Zoning/SJ County: Calvary Chapel 7 Public Notice Publication of Notice of this petition appeared in the Daily Times on Wednesday, March 23, 2022. Property owners within 100 feet were sent notice by certified mail on Wednesday, March 16, 2022. A sign was posted on the property on Friday, March 25, 2022. Staff Michael Safrany, Senior Planner BACKGROUND The property owner is requesting a variance to the 300-foot distance requirement from a retail cannabis facility to a religious institution. The new cannabis ordinance, No. 2021-1329, requires this 300-foot distance. The distance requirement is based on the current liquor license regulations for New Mexico. Measurement is property line to property line exclusive of right-of way. The subject property line at 7101 E Main St, is slightly offset by 200 feet to the property line for the Cavalry Chapel of Farmington at 6925 E Main St. The distance from the subject building to the building of the religious institution is approximately 724 feet. On March 22nd, 2022 City Council unanimously approved a Special Use Permit for an integrated cannabis facility including cultivation, production and manufacturing for this site. 8  ZONING MAP PROPOSED RETAIL LOCATION 9 Aerial View 10  STAFF ANALYSIS Variance Criteria – Section 8.12.4, UDC A variance may be granted only where a literal enforcement of the Code provisions would result in unnecessary hardship for a particular property. In order to grant a variance, the Administrative Review Board (ARB) must make a positive finding of fact concerning each of the following or, if a positive finding of fact cannot be made that the ARB specifically describes the circumstance that would outweigh the strict requirement for a positive finding of fact and determine that the variance will not be a public detriment: 1. That special conditions and circumstances exist, which are peculiar to the land, structure or building involved and are not applicable to other lands, structures or buildings in the same district; and, furthermore, that they are not self-imposed, self-created or otherwise the result of actions by the applicant. The physical buildings are approximately 725 ft. away from each other with the old Aztec Hwy and natural landscape separating the two buildings. Despite the actual distance, the property lines are considered within 300 ft. from each other. The southern and western boundaries of the subject property are heavily vegetated, providing a natural buffer. This criterion IS met. 2. That a literal interpretation of the provisions of the Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Code. A literal interpretation of the code would prohibit a retail cannabis facility from being located at 7101 E Main St. despite the property being zoned General Commercial. The subject property is located on Farmington’s main commercial corridor. This criterion IS met. 3. The applicant demonstrates that the request is a minimum easing of the Code requirements, making possible the reasonable use of the land, building or structure. Considering the realities of the distances, plus the right-of-way provided by Old Aztec Hwy. and the location of the religious institution being over 725 feet from the subject property, this request is a minimum easing of the Unified Development Code and would allow the property owner to have a retail cannabis sales store on the subject property. This criterion IS met. 11 4. That the granting of the variance is in harmony with the general interest, the general purpose and intent of the Code, and is not injurious to the neighborhood or otherwise detrimental to the public welfare. The proposed variance is not injurious to the neighborhood. The location is on a commercial corridor along with other commercial businesses. This criterion IS met. 5. That the proposed variance will not permit a use not otherwise allowed in the underlying district. Granting of this variance would not permit a use not otherwise allowed in the GC: General Commercial Zoning District. This criterion IS met. 6. That no nonconforming use of neighboring lands, structures or buildings in the same district and no permitted use of lands, structures or buildings in other districts has been or shall be considered grounds for the issuance of a variance. No nonconforming uses, structures or buildings in the same district have been considered as grounds for this variance request. This criterion IS met. 7. That the applicant would suffer an unnecessary hardship if the variance requested were denied. The applicant would be prevented from opening a retail cannabis facility at the location of the subject property. This criterion IS met. CONCLUSION The Community Works Department concludes that approval of ARB 22-13 is a minimum easing of the code, meets the intent of the code and is a property that has characteristics unique enough to allow for waiver of the 300-foot distance requirement. RECOMMENDATION The Community Works Department recommends approval of Petition ARB 22-13 from Jason Little for a variance from Section 2.4.41 of the City of Farmington Unified Development Code to allow for a waiver of the 300-foot distance requirement from a retail cannabis facility to a religious institution. 12 PETITIONER’S JUSTIFICATION FOR A VARIANCE The 300 ft. restriction between property lines is preventing 7101 E Main from utilizing the property in a manner consistent with other similarly zoned properties in the area. REVIEWING AGENCIES COMMENTS No comments received INPUT FROM NEIGHBORS: Letters were sent out to eight property owners within 100 feet. NOTIFICATION LETTERS Cave Jack and Lee O PO Box 79 Flora Vista, NM 87415 Jaquez Ernie R and Rosemarie PO Box 610 Flora Vista, NM 87415 Nexstar1 LLC, Clifton Horace 4300 E Main St. Farmington, NM 87402 Smith James and Jolene 7075 Old Aztec Hwy Farmington, NM 87402 Toy Barn LLC 3906 N Buena Vista Ave. Farmington, NM 87401 Rosenbaum Development LLC PO Box 2308 Farmington, NM 87499 Montoya Anthony and Linda 1611 NM 170 La Plata, NM 87418 Calvary Chapel 6925 E Main St. Farmington, NM 87402 One phone call was received by staff in support of the variance. No other comments have been received from the neighbors at the time of this report. 13 14 PLANNING MEMO COMMENTS SUMMARY ARB 22-13 DEADLINE: March 4, 2022 City of Farmington Departments CW Planning Manager – B. Escobar CW Addressing – Planning Division CW Chief Building Official – D. Childers No Comment CW Long Range Planner CW MPO – P. Koeppel CW Oil & Gas Inspector CITY City Manager’s Office – J. Baird No Comment ELEC Customer Care Manager – L. Richardson "No Comment" on this request. If additional ELEC Electrical Engineering –Roberto Ga loads are to be installed, they will have to apply for service upgrade. ELEC T&D – Field Op – L. Lugenbeel FIRE Fire Captain – K. Rix FIRE Fire Marshall – B. Vega No Comment LEGAL City Attorney – J. Breakell LEGAL Deputy City Attorney – R. Frost No Comment POLICE Code Compliance – M. Romero No Comment POLICE Sergeant – J. Jensen PRCA Parks - R. Crosby PRCA ORII – W. Unsicker CW City Engineer – I. BlueEyes CW Engineering – T. Sitta No Comment CW Streets Superintendent – C. Fuller CW Traffic Engineer – M. Hathcock No Comment 15 CW Water/Waste Water – D. Dalton Other Entities New Mexico Gas Company – R. Castillo No Comment CenturyLink – D. Willato Enterprise Field Services – M. Waszut No Comment Comcast Cable – M. Johnson JACOBS CH2MHILL OMI Surface Land Negotiator for BP – M. Venzara Farmington School District – C. Lyons 16 17 18 19  ADMINISTRATIVE REVIEW BOARD Petition ARB 22-16 Variance to the minimum lot size requirement in the RE-2, Residential District 8655 Foothills Drive April 7, 2022 DESCRIPTION OF PETITION Petition No. ARB 22-16 is a request from Charles Bisland for a variance to the required minimum lot area for property located at 8655 Foothills Drive in the RE-2, Residential District. Pursuant to Section 2.8, Density and Dimensional Standards, of the Unified Development Code (UDC) the minimum lot size requirement in the RE-2 District is two (2) acres (87,120 sf). The property is legally described as: LEGAL DESCRIPTION Parcel ID – R0055005 Otherwise located at 8655 Foothills Drive GENERAL INFORMATION Applicant .......................... Charles Bisland Property Owner ............... Charles Bisland and Cathy Greaney Location of Property ....... 8655 Foothills Drive (R0055005) Nature of Petition ............ The applicant requests a variance to the required minimum lot area in the RE-2, Residential District. Applicant wishes to subdivide the property through the summary plat process and create one additional lot. One lot will be smaller than the required 2 acre minimum. Applicable Regulations... City of Farmington Unified Development Code (UDC): Pursuant to Section 2.8. Density and Dimensional Standards the required minimum lot area is 2 acres in the RE-2, Residential District. Zoning .............................. RE-2, Residential District Existing Use ..................... Vacant Surrounding Zoning/ ….. North: RE-2, Residential Land Use South: RE-2, Residential East: RE-2, Residential West: RE-2, Residential Public Notice……………. Publication of Notice of this petition appeared in the Daily Times on Wednesday, March 23, 2022. Property owners within 100 feet were sent notice by certified mail on Wednesday March 16, 2022. A sign was posted on the property on Friday, March 25, 2022. Staff Mike Safrany, Senior Planner 20  ARB 22-16 Petition Report Page 2 BACKGROUND The applicant wishes to subdivide his 3.95-acre property. Mr. Bisland is requesting a variance to the minimum lot area in the RE-2, Residential District to allow for the minimum lot size of one lot to be less than 2 acres. Proposed Lot at south end with the existing residential structure will be approximately 1.95 acres, and the proposed second Lot at the north end will be 2.0 acres. The applicant is requesting a variance to reduce the minimum lot area for the purpose of developing a single-family dwelling on the subject property located at 8655 Foothills Drive. The square footage difference for the southern Lot would be approximately 2,178 ft.², approximately 5% less than the minimum required size. San Juan County Tax Assessor’s records show that the size of the subject property is 3.95 acres. The properties in the surrounding area are primarily residential and are zoned RE-2. Lot sizes in this area are a minimum of two (2) acres. The request is to legitimize the size of the south end lot through a variance. The proposed lot size could be challenging for the applicant in the attainment of building permits for the development and/or improvements to the properties as well as future real estate transaction(s). ANALYSIS Variance Criteria – Section 8.12.4, UDC A variance may be granted only where a literal enforcement of the Code provisions would result in unnecessary hardship for a particular property. In order to grant a variance, the ARB must make a positive finding of fact concerning each of the following or, if a positive finding of fact cannot be made that the ARB specifically describes the circumstance that would outweigh the strict requirement for a positive finding of fact and determine that the variance will not be a public detriment: 1. That special conditions and circumstances exist, which are peculiar to the land, structure or building involved and are not applicable to other lands, structures or buildings in the same district; and, furthermore, that they are not self-imposed, self-created or otherwise the result of actions by the applicant. The subject property was assessed and sold to the applicant as a 3.95 acre parcel. Due to the minimum lot area requirement of 2 acres, the lot cannot be divided for further development of the property. The RE-2 zoning requiring a 2- acre minimum was not in place at the time of the purchase of the property. The existing circumstances are unique and were not created by the applicant. This criterion IS met. 21  ARB 22-16 Petition Report Page 3 2. That a literal interpretation of the provisions of the Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Code. The literal interpretation of the provisions of the UDC would deprive the applicant of the rights commonly enjoyed by other property owners in the surrounding area. The square footage difference for the proposed south end lot would be less than 5% of the minimum required size. Building permits cannot be approved and/or issued for the development of the subject property, improvements as well as future real estate transactions could become challenging. This criterion IS met. 3. The applicant demonstrates that the request is a minimum easing of the Code requirements, making possible the reasonable use of the land, building or structure. The requested variance is a minimum easing of the code. The proposed lot size for the south end lot is approximately 5% less than the minimum required size. The proposed lots would be in compliance with the zoning requirements (setbacks). The applicant is proposing to use the property in a reasonable manner, to build a single-family dwelling, and would not result in disorderly development. The request is reasonable and in keeping with the spirit and intent of the Code and the City’s Comprehensive Plan. This criterion IS met. 4. That the granting of the variance is in harmony with the general interest, the general purpose and intent of the Code, and is not injurious to the neighborhood or otherwise detrimental to the public welfare. The applicant has demonstrated that the requested variance is in harmony with the general interest, purpose and intent of the UDC. The requested variance will not be injurious to the surrounding neighborhood or otherwise detrimental to the public welfare. This criterion IS met. 5. That the proposed variance will not permit a use not otherwise allowed in the underlying district. The granting of this variance will not allow a use that is not otherwise allowed in the RE-2 District. This criterion IS met. 22  ARB 22-16 Petition Report Page 4 6. That no nonconforming use of neighboring lands, structures or buildings in the same district and no permitted use of lands, structures or buildings in other districts has been or shall be considered grounds for the issuance of a variance. No nonconforming uses, structures or buildings in the same district have been considered as grounds for this variance request. This criterion IS met. 7. That the applicant would suffer an unnecessary hardship if the variance requested were denied. The applicant would suffer an unnecessary hardship if the variance were denied. The intent of the minimum lot area regulation is to support appropriate density and development in residential districts. The strict adherence to the code would restrict the reasonable use of the land and/or potential improvements to the property. The request is to legitimize the size of the lots through a variance in order to make the proposed lots buildable lots and to obtain building permits for the subject property. The strict adherence to UDC 2.8. Density and Dimensional Standards would not allow for building permits to be approved and/or issued for the development of the subject property. This criterion IS met. CONCLUSION The Community Development Department concludes that approval of ARB 22-16, is appropriate. The request is a minimum easing of the code, is in harmony with the neighborhood, and will not be injurious to the neighbors. RECOMMENDATION The Community Development Department recommends approval of Petition ARB 22- 16, a request from Charles Bisland for a variance to allow the minimum lot area for the south end Lot to be less than 2 acres in the RE-2, Residential District for property located at 8655 Foothills Drive. The easement running east and west along Colibri Pl and the easement running north and south along Foothills Drive, as reflected on the legal description for the property, shall be dedicated to the City during the Plat process. 23  ARB 22-16 Petition Report Page 5 24  ARB 22-16 Petition Report Page 6 25  ARB 22-16 Petition Report Page 7 26  ARB 22-16 Petition Report Page 8 PLANNING MEMO COMMENTS SUMMARY ARB 22-16 8655 FOOTHILLS DR Deadline: 3/18/22 City of Farmington Departments CW Planning Manager – B. Escobar CW Addressing – Planning Division CW Chief Building Official – D. Childers No Comment CW Long Range Planner CW MPO – P. Koeppel CW Oil & Gas Inspector CITY City Manager’s Office – J. Baird No Comment ELEC Customer Care Manager – L. Richardson ELEC Just a note that there is an overhead electric line on the East side of the Electrical Engineering –Roberto Ga property, running along South to North of Foothills Drive. ELEC T&D – Field Op – L. Lugenbeel FIRE Fire Captain – K. Rix FIRE Fire Marshall – B. Vega No Comment LEGAL City Attorney – J. Breakell LEGAL Deputy City Attorney – R. Frost POLICE Code Compliance – M. Romero No Comment POLICE Sergeant – J. Jensen PRCA Parks - R. Crosby PRCA ORII – W. Unsicker CW City Engineer – I. BlueEyes CW I have no comment in regards to the size of the property. The remaining section of Foothills (total Engineering – T. Sitta 60’ width) and Colibri (total 50’ width) will be required to be dedicated as part of the plat process. CW Streets Superintendent – C. Fuller CW Traffic Engineer – M. Hathcock CW Water/Waste Water – D. Dalton 27  ARB 22-16 Petition Report Page 9 Other Entities New Mexico Gas Company – R. Castillo No Comment CenturyLink – D. Willato No Comment Enterprise Field Services – M. Waszut No Comment Comcast Cable – M. Johnson JACOBS CH2MHILL OMI Surface Land Negotiator for BP – M. Venzara Farmington School District – C. Lyons REVIEWING AGENCIES COMMENTS Engineering Staff - Toni Sitta: 599-1399 and tsitta@fmtn.org No comment in regards to size of the property. The remaining section of Foothills (total 60 foot width) and Colibri (total 50 foot width) will be required to be dedicated as part of the plat process. Electrical Engineering Staff – Roberto Ga: 599-8314 and robertoga@fmtn.org Note that there is an overhead electrical line on the east side of the property running along south to north of Foothills Drive. City Attorney – Jennifer Breakall: 599-1285 and jbreakall@fmtn.org The City Attorney determined in an email correspondence that this application was not eligible for application of the ten percent Administrative Adjustment. INPUT FROM NEIGHBORS: Letters were sent out to eight property owners within 100 feet. NOTIFICATION LETTERS NAME ADDRESS CITYSTATEZIP 5441 Colibri LLC 1515 E 20th St Ste D FARMINGTON, NM 87401 Catherine Treinen Baker 6010 Laurie St FARMINGTON, NM 87401 Ryan and Brandy Brown 6001 Wildwood St FARMINGTON, NM 87402 Trenton and Robin Keeling 8668 Foothills Dr. FARMINGTON, NM 87402 Kinsey Trail LLC 8450 Hood Mesa Trail FARMINGTON, NM 87401 Otteson Van Horn Family Trust 8680 Foothills Dr. FARMINGTON, NM 87402 Billy and Lynn Ortiz Randall 5400 Colibri Pl. FARMINGTON, NM 87402 Marquel Alyce Ryan 8560 Foothills Dr. FARMINGTON, NM 87402 No comments have been received from the neighbors at the time of this report. 28  ARB 22-16 Petition Report Page 10 29  ARB 22-16 Petition Report Page 11 30  ARB 22-16 Petition Report Page 12 31  ARB 22-16 Petition Report Page 13 32  ARB 22-16 Petition Report Page 14 33