Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive November 11, 2021 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the October 28, 2021 P&Z Meeting 4 Petition No. ZC 21-69 - Discussion & possible action regarding a request from 4 Corners Apartments, LLC, represented by Tanya Martinez, for a Zone Change from GC: General Commercial to MU: Multi Use. Existing hotel rooms will be converted into apartments at 701 Airport Drive, Farmington NM (Beth Escobar) 5 Petition No. SUP 21-70 - Discussion & possible action regarding a request from Jason Little for a Special Use Permit to allow for a vertically integrated cannabis establishment including cultivation and manufacturing facility at 534 E. Broadway Avenue, Farmington NM (Beth Escobar) Discussion & Possible Action – Discussion & possible action 6 regarding proposed revisions to the 2020 Unified Development Code, including revisions to Section 6: Subdivision Standards (Beth Escobar) 7 Business From Floor: Chairman: Members: Staff: 8 Adjournment If applicable, the recommendation of the Planning & Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, December 14, 2021. Virtual participation is available via Zoom at https://us02web.zoom.us/j/81332718728 or by dialing 253-215-8782. Meeting ID: 813 3271 8728 Passcode: 317059 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 October 28, 2021 The Planning & Zoning Commission met in a regular session on October 28, 2021 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. P&Z Members Present: Chair - Joyce Cardon Vice Chair – Clint Freeman Gary Hanson Elizabeth Lockmiller Cheryl Ragsdale Cody Waldroup P&Z Members Absent: Ryan Brown Shay Davis Mitch Sewell Gary Smouse Staff Present: Beth Escobar Elizabeth Sandoval Toni Sitta Others Who Addressed the Commission: None 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. Approval of the Agenda The motion was made by Commissioner Waldroup and seconded by Commissioner Lockmiller to approve the agenda of the October 28, 2021 Planning & Zoning Commission meeting. This motion passed unanimously by a 5-0 vote. Approval of the Minutes Vice Chair Freeman joined the meeting. A motion was made by Commissioner Ragsdale and seconded by Commissioner Waldroup to approve the minutes of the September 30, 2021 Planning & Zoning Commission meeting. This motion passed unanimously by a 5-0 vote. Commissioner Hanson was not a member of the Commission on September 30, 2021 and did not vote. New Commissioner Introduction Planning Manager Escobar introduced Gary Hanson as the new Planning & Zoning Commissioner. ____________________________________________________________________________ Petition No. PP 21-56 - Discussion & possible action regarding Perea Subdivision Replat A – a request from Abner Torres, represented by Bob Echols, C-WE, for Preliminary Plan review of a 6-lot subdivision located in the City of Farmington’s Tier II Planning & Platting Jurisdiction Planning Manager Escobar presented the following: Perea Subdivision Replat A Petition • Applicant: Abner Torres, nephew of property owners • Representative: Robert Echols, Cheney-Walters-Echols • Location: Parcel Number R4009866 • Existing Zoning: N/A; Tier II of Farmington’s Platting and Planning Jurisdiction Process • The applicant is requesting Preliminary Plan approval per Section 8.8.9.D of the Unified Development Code • The Preliminary Plan review provides for identification of any issues and determination of compliance with all regulations • The Planning & Zoning Commissions is being asked to make a recommendation • Council provides final approval of a Preliminary Plan • The Final Plat may then be submitted Background • The petitioner is requesting a preliminary plan approval for Perea Subdivision A, Class 2; a 6-lot subdivision on one parcel totaling 4.77 acres located in San Juan County. • Each of the six lot sizes will be 0.795 acres. • Numbers 4A, 5A and 6A includes a 20 foot wide overhead utility easement. • There is an existing mobile home located on Lot 6A. Reviews and Comments • Standard review agencies have reviewed and commented on the plat. • Majority of agencies had no comment. • Comment from engineering stated: “No maintenance will be done by the City unless first annexed, brought up to City standards per UDC 6.4.7 Streets and Alleys and accepted for maintenance by the City Council. Improvements, improvement costs, and maintenance are the responsibility of the adjacent parcel owners. Conclusion Staff Recommendation The Community Works Department recommends approval of Petition 21-65 a submittal from Abner Torres, represented by Robert Echols of Cheney-Walters-Echols, Inc. for a preliminary plan approval of a Class 2, 6-lot subdivision of one partially developed parcels totaling 4.77 acres in San Juan County, east of Farmington (Tier II).  • All technical corrections to the plat and construction drawings will be finalized and approved prior to submittal of the final plat. Discussion Vice Chair Freeman asked Planning Manager Escobar what is the limitation of Tier 2. Planning Manager Escobar stated that the limits are 3 miles out from the City boundaries. Vice Chair Freeman asked if the petitioner had any issues with the street requirements. Planning Manager Escobar stated that the street requirements are included in the technical corrections. Planning Manager Escobar stated that the petitioner would be tapping into City water and electric, those plans will need to be approved before the final plat is submitted. Commissioner Waldroup asked where the water was located in the area. Planning Manager Escobar stated that she does not know; it could be a well. Commissioner Hanson asked what the family relation exemption relates to. Planning Manager Escobar stated that in the State of New Mexico Subdivision Regulations, petitioners are allowed to do a subdivision up to 5 lots without going through the Board of Real Estate if you are giving the lots to an heir and not selling the lots. Commissioner Hanson asked if the heirs could transfer the properties. Planning Manager Escobar stated that they could and should that happen taxes would need to be paid and the process would have to go through the Real Estate Board. Chair Cardon asked if the petitioner, the petitioner’s representative or any interested parties were present. There was no one. Motion A motion was made by Vice Chair Freeman and seconded by Commissioner Waldroup to APPROVE Petition No. PP 21-65 as recommended by staff. The motion carried unanimously 6- 0. ____________________________________________________________________________ Discussion & Possible Action – Discussion & possible action regarding proposed revisions to the 2020 Unified Development Code Planning Manager Escobar presented the following: Proposed Changes to the Unified Development Code Medical Marijuana • Delete 2.3-Use Table • Delete 2.4 Use Standards • The distinction between Medial Marijuana and Recreational Cannabis has been eliminated with the legalization of cannabis as a retail product. Discussion  Vice Chair Freeman asked if the term medical was being removed and would only be referred to as marijuana. Planning Manager Escobar stated according to the recently adopted cannabis Ordinance everything will read as cannabis. The only distinction that the State is making is that medical marijuana card holders must have a supply available before retail sales can begin. Commissioner Waldroup asked in regards to medical marijuana providers interested in opening a retail store, will there be a delay in the licensing process. Planning Manager Escobar stated no, the City does not issue the license, retail sales are permitted uses. UDC Section 5.2.3.A Minimum Off-Street Parking Requirements • Aviation and Surface Transportation (Subsection 2.7.7B.) • Airports, Heliports - Schedule B • Railroad and Bus Terminals - 1.0 per 200 square feet • Limo and Shuttle Services - Schedule B • Rental Car Agencies - 1.0 per 200 square feet for rental office. • Schedule B for rental fleet vehicles Discussion Commissioner Hanson asked if these requirements would act retrospectively. Planning Manager Escobar stated that it would not. Commissioner Waldroup asked if this requirement can be enforced now. Planning Manager Escobar stated no. Section 5.6 Floodplains • Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement and all mechanical equipment, elevated to one foot or more above the base flood elevation. • Municipal Code Section 14.3.2 will also need to be updated. Discussion Vice Chair Freeman asked how baseline elevation is defined. Planning Manager Escobar stated that FEMA does define the baseline elevation. Section 6.4.8.E Timing of Dedication and Construction • E. Timing of dedication and construction. o (1) All access ways, bikeways and multi-use facilities, as may be required by this UDC or recommended by the bikeway plan or other adopted plans, or as may be negotiated through the platting process, shall be dedicated and constructed prior to release of the subdivision guarantee, or as required below:  • a. All required access ways, sidewalks, bikeways multi-use facilities, street lights, traffic signs, pavement markings and traffic signals must be constructed concurrently with the adjacent street or thoroughfare; • b. If the street or thoroughfare is already constructed, prior to acceptance of any improvements. • Revisions submitted by Traffic Engineering on October 1, 2021. Section 6.8 Subdivision Improvements • 6.8.1 Construction of improvements. If, after City approval of the final construction plans, the subdivider elects to construct the required improvements prior to recording of the final plat, after such plat has been approved, all such construction shall be inspected while in progress, by the director, and must be approved upon completion by the director. • A. No infrastructure construction shall begin without first notifying the City Engineer of the start date of construction for any utilities, or improvements including streets, curb and gutter, etc. A City Construction Inspector shall be onsite for the installation of all improvements. The Subdivider or construction representative shall notify the Farmington City Engineer prior to the installation or construction of all improvements. • B. City approval of signed construction plans shall expire 3 years from the date of the Community Works Director’s signature. Section 6.8.2 Financial Assurances • D. Improvements agreement. Has executed an agreement approved by the city attorney (between the subdivider and the city) wherein the subdivider agrees to install all improvements for which the subdivider is responsible under this section. Such agreement shall be signed by the mayor and recorded with the final plat. Section 6.8.3 Release of Financial • D. Upon completion of construction in accordance with approved construction plans, the subdivider shall require his construction contractors, with whom he contracts, to furnish materials and to install improvements required by this section, and shall himself be required to furnish to the city a written post a bond guaranteeing that all workmanship and materials shall be free of defects for a period of 1 year from the date of acceptance by the director. Section 6.8.4 Building Permits Building permits for onsite construction shall not be issued by the City of Farmington until: • A. The final plat and any related documents have been recorded with San Juan County. • B. Construction plans have been approved by the City. • C. All infrastructure, per the approved construction plans, has been installed by a state licensed contractor and approved in writing by the City Engineer. • D. Building permits may be issued for the complete subdivision or portion completed and approved in writing by the City Engineer. Discussion Vice Chair Freeman asked how this process is affected by the shortage of building materials. Planning Manager Escobar stated that if that is a concern of the Commission, she will get back to the Director and get more explanation. Section 6.9.1.B Responsibility for Payment for Installation Costs • B. Streets and road construction for all street improvements including base, grading, curbs, gutters, sidewalks, pavement, culverts, bridges, street lights, traffic signals, pavement markings and traffic signs. The Traffic Engineering Division (TED) will provide cost estimation to the subdivider for the initial material and installation costs. The subdivider shall pay all costs of materials and installation for the pavement markings and traffic signs. The TED will install and maintain the pavement markings and traffic signs. Streets and road construction for all street improvements including base, grading, curbs, gutters, sidewalks, pavement, street name signs, street regulatory signs, culverts, and bridges; Section 8.8 Subdivision Plat Review • E. Final plat review. The final plat shall substantially conform to the preliminary plan as approved by the city council, incorporating all changes, modifications, corrections, and conditions imposed by the city council; and provided further, that it shall conform to all applicable requirements of this UDC. • (2) Construction Plans: Constructions plans for all proposed infrastructure for the subdivision shall be submitted before or with the Final Plat submission. The Final Plat shall not be recorded without infrastructure construction plans being approved by the Director. (7) Recordation/expiration of approval. • (7) b. If the Subdivider will be constructing required infrastructure, a Subdivision Agreement shall be required to be signed by the Subdivider and recorded at the same time as the Final Plat. Section 13.3 Comprehensive Plan • Replace the Future Land Use plan with the 2040 map. Section 13.4 Traffic Impact Analysis • Delete and replace entire section. See attached revision received from Isaac Blue Eyes, City Engineer. Discussion Planning Manager Escobar stated that the revisions above are for review and plans to bring the revisions back for discussion and possible action at the next Planning & Zoning meeting. Chair Cardon asked if there would be an opportunity for community input on the presented revisions. Planning Manager Escobar stated that she is hoping to present to the Home Builders Association and local contractors. ____________________________________________________________________________ Business from the Floor: There was no business from the Floor. Business from the Chair: Chair Cardon welcomed Commissioner Hanson to the Commission. Business from the Members: There was no business from Members. Business from Staff: Planning Manager Escobar stated that the Preliminary Plans for Farmington Center and Coyote Ridge were approved by Council, Council did take final action was taken on the Fowl Ordinance and next month there will be two vertically integrated cannabis facility special use permit applications brought forward to the Commission. Adjournment: With no further business, a motion to adjourn was made by Commissioner Ragsdale and seconded by Commissioner Lockmiller. The motion carried unanimously 6-0 and the meeting was adjourned at 3:35 p.m. ________________________________ _________________________________ Joyce Cardon Elizabeth Sandoval Chair Administrative Assistant  COMMUNITY WORKS PETITION REPORT Petition SUP 21-70 – New Mexico Alternative Care – Integrated Cannabis Facility A. STAFF REPORT, November 11, 2021 PROJECT INFORMATION Applicant New Mexico Alternative Care Representative Jason Little Date of October 20, 2021 Application Requested Action Approval of a special use permit to allow for a vertically integrated cannabis establishment. Location 534 E. Broadway/ R0029776 Existing Land Use Medical Marijuana Facility Existing Zoning Industrial Surrounding North: IND: Industrial Zoning & Land South: IND: Hotel Use East: IND: Hotel West: IND: Industrial Publication of Notice for public hearings of the Planning and Zoning Commission and City Council appeared in the Daily Times on Tuesday, October 26, 2021. Property owners within 100 feet were sent notice by certified mail on Wednesday, October 20, 2021. A sign was posted on the property on Monday, November 1, 2021. Staff Planner Beth Escobar, Planning Manager STAFF ANALYSIS Background The applicant is requesting a Special Use Permit (SUP) for a vertically integrated cannabis facility. Per state ordinance, this is defined as: a person that is authorized to act as any of the following: (1) a cannabis courier; (2) a cannabis manufacturer; (3) a cannabis producer; and (4) a cannabis retailer. Per Ordinance No. 2021-1329, adopted by City Council on October 12, 2021, retail sales are permitted by right in the IND: Industrial Zoning District. Cultivation, manufacturing and production require a SUP. The SUP being requested is for the cultivation, manufacturing and production of adult use cannabis at 534 E Broadway. No extraction of plant oil will be conducted on site. Zoning Aerial Map Development Code (UDC) The purpose of a Special Use Permit is to allow for discretionary approval of uses with unique operating characteristics. UDC 8.9. A. Special Use Permits: A. Special use permit approvals attach to the property and are transferable to subsequent owners. If this SUP was approved, it could transfer to another owner, carrier or tenant. Special Use Permit Criteria – Section 8.9.4 of the UDC Section 8.9.4 of the UDC sets forth the criteria for review of a special use permit. The section states that a SUP may be approved where it is reasonably determined that there will be no significant negative impact upon residents of surrounding property or upon the public. The criteria for approval is listed as follows: 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 and shall not be substantially or permanently injurious to the neighboring property. New Mexico Alternative Care has been in operation as a medical marijuana facility for five years in Farmington. The transition to retail sales will not increase the impact to the neighborhood. 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 business has operated at this location for five years. 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. Staff will work with the business owner to provide the State required letter of water adequacy. The applicant will work with Jacobs, the City’s wastewater contractor, to ensure no damage occurs to the wastewater system. D. 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 2040 Future Land Use Plan, designates this corner as Commercial Mixed Use. E. 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 subject property is 0.98 acres. F. 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. No additions to the building are considered at this time. On-site parking at the site conforms with UDC requirements. PUBLIC INPUT Letters were sent to 33 surrounding neighbors and the property was posted with a sign. At the time of this report no public input has been received. STAFF CONCLUSION The property at 534 E. Broadway has been used as a medical marijuana facility since 2017. The transition to a retail cannabis facility should be seamless. Staff concludes approval of Petition SUP 21-70 is appropriate. The application meets the criteria for approval of a Special Use Permit. With the investment of the property owner in the new business, staff is recommending, per Section 8.9.6.B, that the SUP be granted for a period of 10 years. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition SUP 21-70, a request from Jason Little of New Mexico Alternative Care, located at 534 E Broadway for cultivation, production and manufacturing of cannabis with the following stipulations: 1. A City of Farmington business registration will be required. 2. A building/fire inspection shall be required. 3. If extraction of cannabis is commenced at the facility a fire suppression system shall be required to be installed in the building.  PLANNING MEMO COMMENTS SUMMARY SUP 21-70 534 E. BROADWAY AVE. DEADLINE: 10/29/21 City of Farmington Departments CW Planning Manager – B. Escobar CW Addressing – Planning Division As long as extraction does not take place this CW Chief Building Official – D. Childers building meets the requirements of the building code for the attended use. CW Long Range Planner CW MPO – P. Koeppel CW Oil & Gas Inspector CITY City Manager’s Office – J. Baird No Comment Customer Care Manager – L. ELEC Richardson ELEC Electrical Engineering –Roberto Ga No Comment ELEC T&D – Field Op – L. Lugenbeel FIRE Fire Captain – K. Rix The Fire Marshal’s office would like to make clear FIRE Fire Marshall – B. Vega that there can be no extraction at any time at this location. LEGAL City Attorney – J. Breakell As long as extraction does not take place this LEGAL Deputy City Attorney – R. Frost building meets the requirements of the building code for the attended use. POLICE Code Compliance – M. Romero No Comment POLICE Sergeant – S. Goodsell PRCA Parks - R. Crosby No Comment 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 CW Water/Waste Water – D. Dalton 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 NAME1 ADDRESS CITYSTATEZIP A AND K LLC 911 SAN JUAN BLVD FARMINGTON, NM 87401-2721 AVERY RONALD D AND PEGGY 1111 SAN JUAN BLVD FARMINGTON, NM 87401-2735 B & G REAL ESTATE INVESTMENTS 525 E BROADWAY FARMINGTON, NM 87401 B AND B MERRITT REAL ESTATE LLC 750 N 17TH ST LAS CRUCES, NM 88005 3131 ADAMS ST NE APT BAI XIANG PENG H104 ALBUQUERQUE, NM 87110 CONGDON ASSOCIATES LTD ATTN ELLEN QUEVED PO BOX 2212 FARMINGTON, NM 87499 DAHMS BRADLEY AND SONIA M 6460 RIM VIEW PL FARMINGTON, NM 87402 DELANEY WELDON V JR AND LOLITA 2305 E 14TH ST FARMINGTON, NM 87401 DESERT PROPERTIES OF THE SOUTHWEST 1004 S LAKE ST FARMINGTON, NM 87401 DF & EF INVESTMENTS LLC 2517 SAN JUAN BLVD FARMINGTON, NM 87401 DORMAN WALTER AND TAMMY 607 LITTLE RABBIT AZTEC, NM 87410 ELS LLC NO 3 550 E ANIMAS ST FARMINGTON, NM 87401 EM INC 601 E BROADWAY FARMINGTON, NM 87401 FERRENDELLI ALEX AND EDNA LIVING TRUST 5924 INVERNESS DR FARMINGTON, NM 87402 HARPER AIDA M 735 E MAIN ST FARMINGTON, NM 87401 HATCHER EDMUN J AND JEANNE E 806 E MAIN ST FARMINGTON, NM 874012718 HAVENS BRADLEY ET AL 4401 PACIFIC ST FARMINGTON, NM 87402 HONG LYNDON W AND MOON S IRRV TRUST 708 S BERENDO ST LOS ANGELES, CA 90005 INTERMOUNTAIN FARMERS ASSOC PO BOX 30168 SALT LAKE CITY, UT 84130 M AND N INVESTMENTS LLC PO BOX 6821 FARMINGTON, NM 87499 MACE CYNTHIA LOU 635 E MAIN ST FARMINGTON, NM 874012713 MACE FAMILY PROPERTIES LLC ET AL 405 E MOHAVE ST FARMINGTON, NM 87401 PADILLA PROPERTIES INC 446 ROAD 3000 AZTEC, NM 87410-9502 QUALITY APPLIANCE COMPANY 522 E BROADWAY FARMINGTON, NM 874017110 RONLOC LLC 5708 COUNTY CLUB DR FARMINGTON, NM 87402 ROPER CLINT L AND TERI L 23 ROAD 3333 AZTEC, NM 87410 SAN JUAN CENTER FOR INDEPENDENCE 1204 SAN JUAN BLVD FARMINGTON, NM 87401-0000 SANDYS AUTOMOTIVE SERVICE INC 909 SAN JUAN BLVD FARMINGTON, NM 87401-2721 SCHRITTER RAY C AND REBECCA LIVING TRUST 1024 ROAD 3000 FARMINGTON, NM 87401 SHREE GAJANAN LLC 652 E MAIN ST FARMINGTON, NM 87401 THOMPSON BERT C AND SANDRA 2417 PHEASANT PL FARMINGTON, NM 87401-5425 WATSON DAVID W TST EST ET AL PO BOX 2811 FARMINGTON, NM 87401 WESTERN REFINING RETAIL LLC PO BOX 592809 TX1-047 SAN ANTONIO, TX 78259  COMMUNITY WORKS PETITION REPORT Petition ZC 21-69 701 Airport – Royal Inn A. STAFF REPORT, November 11, 2021 PROJECT INFORMATION Applicant 4 Corners Apartments, LLC Representative Tanya Martinez Date of October 19, 2021 Application Requested Action Zone Change request from GC: General Commercial to MU: Mixed Use to allow for conversion of 24 motel rooms to rental apartments Location 701 Airport Drive/ R0025046 Existing Land Use Motel – Royal Inn Existing Zoning General Commercial Surrounding North: MU: Single Family Residential Zoning & Land South: OP: Office Building Use East: MU: Office Building West: MU: Industrial Publication of Notice for public hearings of the Planning and Zoning Commission and City Council appeared in the Daily Times on Tuesday, October 26, 2021. Property owners within 100 feet were sent notice by certified mail on Wednesday, October 20, 2021. A sign was posted on the property on Monday, November 1, 2021. Staff Planner Beth Escobar, Planning Manager STAFF ANALYSIS Background The applicant is requesting a zone change from GC: General Commercial to MU: Multi use to allow the conversion of 24 hotel units to residential apartments. The only additional construction the applicant is planning at this point is to install a children’s playground. The property is 4.25 acres and has two existing buildings, including a 10,600 square foot, 24- unit, two story apartment complex and 2646 square foot office/managers quarters building. According to the San Juan County Assessor’s site, the buildings were constructed in 1959. Zoning Aerial Map Farmington Comprehensive Plan The Comprehensive Plan’s 2040 Future Land Use Map recommends the subject area as “Employment Mixed Use” Employment Mixed Use serves a range of regional employment and service types with a focus on job types and a higher concentration of employees. These employment types might include light manufacturing, warehousing/ distribution, business incubators, and markers/artists spaces in multi-story or smaller, standalone structures, surrounded by walkable street level shops and restaurants. They support the expanding educational, technology, and research industries. While most of these areas in the City are developed, this category is designed to support entrepreneurial start-ups as redevelopment occurs as well as investment and innovation of established businesses. Large employers are supported but integrated with urban elements such as pedestrian connectivity and green space. Art is integrated with urban pocket parks to provide visual relief from the urban environment. Converting the motel rooms into rental apartments supports the Employment Mixed Use district by providing affordable housing close to employers and along a transit Red Apple Transit route. 2040 Farmington Comprehensive Plan Goal 1. Housing: Promote attainable, accessible, and quality housing and neighborhoods that meet the needs of the residents and respond to standards. Goal 1.12 Community Theme Action Plan Table Continue to work with partners and identify new organizations and resources to facilitate home ownership and quality, attainable housing for low- to moderate-income households, with special attention given to workforce housing. Sec. 3.11 - Mixed use (MU). 3.11.1 Purpose. The mixed use (MU) district is intended to accommodate low-intensity mixed- uses with a strong residential character. The MU district provides specific standards for the development of limited business, office, or service uses in existing residential structures, or in new structures within residential areas. The MU district is intended to implement the planning policies of the comprehensive plan's "Mixed Use" land use designation, in the Animas Neighborhood (South of Broadway) and the Civic Center Neighborhood (north and west of the Civic Center). 3.11.2 Allowed uses. Uses are allowed in the MU district in accordance with the use table of section 2.3. 3.11.3 Density and dimensional standards. All development in the MU district is subject to the density and dimensional standards of section 2.8. A. Minimum front setbacks shall be treated as (mandatory) build-to lines as specified in section 2.8.2, nonresidential base zoning district density and dimensional standards. 3.11.4 District standards. Standards applicable in the MU district include the following: A. All parking shall be located in the rear yard, or interior of the property, and accessed from an alley where such alley access is available. STAFF ANALYSIS The Unified Development Code states that the City shall consider whether the proposed zoning and land use are compatible with the conforming zoning and land use of nearby properties and with the character of the neighborhood. Section 8.7.4 of the UDC outlines issues for consideration in determining a proposed zone change as follows: A. Is the proposed zoning consistent with the Farmington Comprehensive Plan? Yes, the proposed zoning conforms with the Employment Mixed Use designation. B. Is the proposed zoning and land use(s) compatible with the present zoning and conforming uses of nearby property and the character of the neighborhood? Yes, this property is in close proximity to other MU: Mixed Use zoned property. This section of Airport Drive is categorized as an arterial road, designed to carry large amounts of traffic. The subject property is within walking distance of several small businesses and Brookhaven Park. C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? None identified. D. Is the proposed density and intensity of use permitted in the proposed zoning district? Yes, multifamily apartments are permitted in the Mixed Use Zoning District.  E. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? Yes. The site as proposed meets all of the relevant regulations of the Unified Development Code. Thirty six parking spaces are required for 24 apartment units, including two ADA parking spaces, one of which is van accessible. Per Section 2.4.34 of the UDC, staff would suggest the applicant install storage units for the apartments. F. Are adequate public facilities and services available to serve development for the type and scope suggested by the proposed zone? If utilities are not available, could they be reasonably extended by the applicant? Is the applicant willing to pay for the extension of public facilities and services necessary to service the proposed development? Yes. G. Does the proposed change constitute “spot zoning” as defined in Article 11, definitions? No. There are a variety of Mixed Use parcels in the surrounding area. PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to 13 surrounding property owners. At the time of this report no public comment has been received. STAFF CONCLUSION Staff concludes the zone change to Mixed Use to allow for conversion of motel units to apartments is supported by the 2040 Comprehensive Plan and in keeping with the general character of the neighborhood. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition ZC 21-69, a request from Four Corners Apartments LLC., property owner, for a zone change from GC: General Commercial to MU: Mixed Use to allow for conversion of motel rooms into rental apartments with the following conditions: 1. Additional parking be delineated along the northern property line. 2. Within one year of the zone change approval the property owner shall construct individual storage units for each of the 24 apartments. NAME1 ADDRESS CITYSTATEZIP CIVIL AIR PATROL ATTN: GENERAL COUNSEL 105 S HANSELL ST BLDG 714 MAXWELL AFB, AL 36112 CLAYTON INVESTMENT CO 501 AIRPORT DR STE 100 FARMINGTON, NM 87401 DUGAN PRODUCTION CORP PO BOX 420 FARMINGTON, NM 87499-0420 FARMINGTON CITY OF 800 MUNICIPAL DR FARMINGTON, NM 87401 FARMINGTON CITY OF 800 MUNICIPAL DR FARMINGTON, NM 87401 GABALDON STEVEN J AND MARIE S TRUST 2014 SAN JUAN BLVD STE H FARMINGTON, NM 87401 IPS MC HENRY LLC ATTN IVAN SERGEJEV 125 W 23RD ST VANCOUVER, WA 98660 LCJ LLC ATTN D C MCAUTHUR LTD QUAIL PK I 4811 HARDWARE DR NE BLDG D STE 1 ALBUQUERQUE, NM 87109 QUINN JOHN G AND LINDA L 53 ROAD 1639 FARMINGTON, NM 87401 RADOSEVICH D MICHAEL TRUST 5764 PINEHURST DR FARMINGTON, NM 87401-0000 ROYAL INN LLC 701 AIRPORT DR FARMINGTON, NM 87401 TUBB SCOTT 3700 E MAIN ST FARMINGTON, NM 87401 UIRC GSA VII FARMINGTON MC NM LLC 15700 W 103RD ST LEMONT, IL 60439 WESTMORELAND SARAH ROBERTS 9704 WAYNE AVE LUBBOCK, TX 79424-4817  Memo To: Planning & Zoning Commission From: Beth Escobar, Planning Manager Date: November 11 Subject: Additional Code Revisions Subsequent to the October 28, 2021 Planning & Zoning Commission meeting, the Engineering Department has requested additional revisions to Sections 5.7.3, 5.7.3.B.5 and 6.4.14 regarding first flush and drainage requirements: Section 5.7.3 Supplementary drainage requirements. Where drainage detention improvements, including detention basin(s), have not yet been constructed for a site, all nonresidential and multifamily development with more than 5,000 square feet of impervious surface shall be subject to the following requirements: A. Drainage detention basin. A detention basin shall be provided where necessary, to limit post development flows to pre-development flow rates and sediment loading. Such basin(s) shall be capable of handling the calculated difference between historic flows and the anticipated post-development 25- year, 24 hour frequency storms for maximum period of intensity within the entire project boundary in which the proposed structure is to be located. Detention basin design should be calculated using the Rational Formula Method or Modified Rational Formula Method for properties within City limits. Alternate hydrologic methods may be used with prior approvals from the City Engineer or their designee. Maintenance of all such drainage improvements shall be the responsibility of the property owner, unless otherwise accepted by the city for ownership and maintenance. B. Design. Drainage improvements shall be designed in accordance with the following standards: (1) A New Mexico-registered engineer shall design and certify drainage improvements. (2) Adequate provision for short- and long-term ownership, maintenance, and operation of the storm water management system shall be required. (3) Where water velocities may reasonably be expected to cause erosion problems, satisfactory means shall be provided to prevent such  erosion, including concrete head walls and wing walls where conditions require. (4) Water supply systems and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. (5) New construction shall incorporate on-site 'first flush' retention best practices. First Flush on-site retention shall be sized to retain the 90th percentile rainfall depth (inches) multiplied by the new development impervious area. The 90th percentile rainfall depth for the City of Farmington is 0.53 inches. The first flush design requirement is in addition to and does not replace the requirement of Section 5.7.3.A. Section 6.4.14 Drainage. A. Drainage facilities shall be provided to handle runoff as calculated, street inlets for a 25-year, 24 hour storm; storm sewers for a 25-year storm, 24-hour storm; and bridges for a 100-year, 24 hour storm, all as approved by the director. Water shall not be carried on the street for a distance greater than a ten-year storm will overflow the curb. Section 5.7.3.B.5 Supplementary drainage requirements (5) New construction shall incorporate on-site 'first flush' retention best practices. First Flush on-site retention shall be sized to retain the 90th percentile rainfall depth (inches) multiplied by the new development impervious area. The 90th percentile rainfall depth for the City of Farmington is 0.53 inches. The first flush design requirement is in addition to and does not replace the requirement of Section 5.7.3.A. All ponds, including retention ponds, shall be dry within 96 hours. Retention pond design submittals shall include geotechnical analysis (percolation tests) to support compliance with the 96-hour rule. Maintenance of all drainage improvements shall comply with section 5.7.3.A.