Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive December 16, 2021 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Introduction of new Planning Division Administrative Assistant 4 Approval of the Minutes of the November 11, 2021 P&Z Meeting 5 Petition No. SUP 21-71 - Discussion & possible action regarding a request from Joseph Wojcik for a Special Use Permit (SUP) for a vertically integrated cannabis establishment (Beth Escobar) Petition No. ZC 21-75 - Discussion & possible action regarding a request from GRHH Pinon Hills, LLC Britnee Elliott, represented by Cheney-Walters- 6 Echols, Inc for a Zone Change from GC: General Commercial to SF -7 so a portion of the property can be combined with 5701 E Main St. (Beth Escobar) Petition No. SUP 21-76 - Discussion & possible action regarding a request from Jason Martindale of The Grass Station, 928 E. Main St., for a Special Use Permit (SUP) for a commercial (Beth Escobar) 7 8 Business From Floor: Chairman: Members: Staff: 9 Adjournment If applicable, the recommendation of the Planning & Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, January 11, 2022. Virtual participation is available via Zoom at https://us02web.zoom.us/j/84407523711 or by dialing 1 (253) 215-8782 Meeting ID: 844 0752 3711 Passcode: 287204 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 November 11, 2021 The Planning & Zoning Commission met in a regular session on November 11, 2021 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. Virtual participation was available via Zoom at https://us02web.zoom.us/j/81332718728. P&Z Members Present: Chair - Joyce Cardon Vice Chair – Clint Freeman Ryan Brown Elizabeth Lockmiller Cheryl Ragsdale Mitch Sewell Gary Smouse P&Z Members Absent: Gary Hanson Shay Davis Cody Waldroup Staff Present: Beth Escobar Elizabeth Sandoval David Sypher Anita Vigil Others Who Addressed the Commission: Tanya Martinez Ashley Neztsosie Shay Almer Roxanne Crawford (via Zoom) 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 Vice Chair Freeman and seconded by Commissioner Ragsdale to approve the agenda of the November 11, 2021 Planning & Zoning Commission meeting. This motion passed unanimously by a 7-0 vote. Approval of the Minutes A motion was made by Vice Chair Freeman and seconded by Commissioner Ragsdale to approve the minutes of the October 28, 2021 Planning & Zoning Commission meeting. This motion passed unanimously by a 7-0 vote. 1 Swearing of Witnesses Elizabeth Sandoval, Administrative Assistant swore in all parties that wished to speak. ____________________________________________________________________________ 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 Planning Manager Escobar presented the following: Petition • Applicant: 4 Corners Apartments, LLC • Representative: Tanya Martinez • Location: 701 Airport Drive • Existing Zoning: GC: General Commercial • Request: Rezone to MU: Mixed Use to allow for conversion of motel rooms to rental apartments Zoning Aerial Map 2 Subject Property 2040 Comprehensive Plan Zone Change Criteria Section 8.7.4 of the Uniform Development Code • Consistent with the Comprehensive Plan • No adverse effects identified • Site is physically suitable for proposed use • Adequate infrastructure is in place • Not spot zoning, this property is surrounded by MU zoning. • Multifamily apartments are permitted in the Mixed Use Zoning District • 24 apartments would require 12 additional parking spaces, including two ADA spaces Public Notice • Letters were sent to 13 surrounding property owners. At the time of this report no public input has been received. 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: 3 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. 3. A walk through with the Fire Divisions shall be completed within 30 days. Discussion Commissioner Smouse asked if the apartments would be 441 square feet. Planning Manager Escobar stated that was correct and the minimum square footage per the building code is 150 square feet. Planning Manager Escobar stated that a portion of each unit would also include a kitchenette. Commissioner Smouse asked if there was an occupancy limit on each unit. Planning Manager Escobar stated that she did not know, but believes it is 150 square feet per person. Vice Chair Freeman asked what the qualifications are for affordable housing. Planning Manager Escobar stated that per federal regulations the person using the housing cannot spend 30% of their annual income on housing. Vice Chair Freeman asked if staff wants the storage units to be mandated. Planning Manager Escobar stated that the storage units are just a recommended condition, if the Commission is not comfortable with the condition it can be removed. Vice Chair Freeman asked if there are any proposed building plans. Planning Manager Escobar stated no, the applicant will only move forward with building permits if the zone change is approved. Commissioner Sewell asked if the units could be rented out as Airbnb style and if there is a limit on how long the unit can be leased. Planning Manager Escobar stated that was correct and there is not a limit, a motel is usually a 30 day limit, enforced by the State. Tanya Martinez, 701 Airport Drive, stated that closets are not being removed, kitchen areas are to be added and that there is a plan to add storage units for tenets. Vice Chair Freeman asked if the applicant had any issues with the proposal that storage units be added. Ms. Martinez stated that there are no issues with the storage unit proposal from staff. Ms. Martinez stated that through her research affordable housing in the Farmington area started at $1250. Ms. Martinez stated that the units at 701 Airport Drive would be $750, in hopes to create affordable housing for the community. 4 Commissioner Smouse asked if people are living in the units now. Ms. Martinez stated that no one is living in the units at this time. Commissioner Smouse asked if there was a history of crime at the proposed location. Ms. Martinez stated no. Commissioner Ragsdale asked if the $750 would cover utilities. Ms. Martinez stated that it would. Motion A motion was made by Commissioner Sewell and seconded by Commissioner Smouse to APPROVE Petition No. ZC 21-69 as recommended by staff. The motion carried unanimously 7- 0. ____________________________________________________________________________ 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 Planning Manager Escobar presented the following: Petition • Applicant: New Mexico Alternative Care • Representative: Jason Little • Location: 534 E Broadway • Existing Zoning: IND: Industrial • Request: SUP to allow for manufacturing, production and cultivation of adult cannabis • Per the applicant, no extraction will occur on the property Subject Property 5 SUPs • The purpose of a Special Use Permit is to allow for discretionary approval of uses with unique operating characteristics. • Per Ordinance No. 2021-1329, adopted by City Council on October 12, 2021, retail sales of adult cannabis are permitted by right in the Industrial Zoning District. • The manufacturing, production and cultivation of cannabis in the Industrial Zoning District require a Special Use Permit. UDC 8.9. A. Special Use Permits: • 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. Staff Analysis • 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. • 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. • Consistent with the 2040 Future Land Use designation of Commercial Mixed Use. • On-site parking at the site conforms to UDC requirements. Public Notice • Letters were sent to 33 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 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. Discussion Vice Chair Freeman asked Planning Manager Escobar what would change with the SUP compared to what is going on now. Planning Manager Escobar stated that applicants could answer that question. Commissioner Smouse asked Planning Manager Escobar if the reason for the SUP would be to fall in line with the new regulations that have been put forward. Planning Manager Escobar stated that was correct. Planning Manager Escobar stated that there is an affected party who is concerned about the possible rise in crime and homelessness in the area, while sympathizing with the affected party, this is a State mandated allowance and is not an issue for the petitioner. 6 Commissioner Smouse asked if the request for an SUP was not previously covered with the zoning that was put into place when the legislation took effect in our city. Planning Manager Escobar stated that medical marijuana dispensaries are permitted by right but retail sales were not covered. Ashley Neztsosie, 534 East Broadway Avenue, stated that she does not have any questions at this time. Ms. Neztsosie stated that the business has already been doing full production, manufacturing and growing/cultivation. Commissioner Smouse asked if the reason for the SUP was to allow for retail sales. Ms. Neztsosie stated that was correct. Commissioner Smouse asked if the business is in good standing with the State of New Mexico. Ms. Neztsosie stated yes. Vice Chair Freeman asked what changes from previous to the issuing of a SUP. Ms. Neztsosie stated that adding recreation is what is changing. Commissioner Smouse asked if the current location has adequate parking. Ms. Neztsosie stated that she believes there is not adequate parking at the location. Commissioner Smouse asked what the hours of operation are for the business. Ms. Neztsosie stated that the hours of operation are Monday – Saturday, 10 am – 7 pm, Sunday 10 am – 4 pm. Commissioner Brown asked Ms. Neztsosie what she anticipated as far as sales from what they are currently doing. Ms. Neztsosie stated she anticipated either double or quadruple from what sales are currently. Shay Almer, 534 East Broadway Avenue, stated when the business moved from the Browning Parkway location to the Broadway location there was a jump in patients that were being served, per day there is an average of 100-150 people served per day. Commissioner Smouse asked how much increase in demand is projected for a daily basis. Ms. Almer stated that once marijuana becomes recreational, she predicts a double in demand. Vice Chair Freeman asked what the average time is per customer transaction. Ms. Almer stated that it varies depending on the person’s needs. Commissioner Smouse asked how many parking spaces are there currently. 7 Planning Manager Escobar stated that there are currently 33 parking spaces, calculated to be adequate parking. Commissioner Smouse asked Planning Manager Escobar if she heard back from any affected parties. Planning Manager Escobar stated that there is an affected party joining via Zoom when the public hearing proportion of the meeting is opened. Commissioner Sewell asked if there is room at the current location for the retail aspect of the business. Ms. Neztsosie stated that there is room at the current location for the retail aspect of the business. Ms. Almer stated that the only thing that is going to change is that the facility will offer retail sales. Vice Chair Freeman asked if there had been any break-ins at the current facility. Ms. Almer stated that there was a motion sensor that went off last year but other than that there have not been any issues at this facility. Roxanne Crawford, 1110 San Juan Boulevard, stated that her concern is the impact of an increase in traffic and increased crime in the area due to recreational marijuana sales. Chair Cardon stated that the SUP would go to the facility based on what the State of New Mexico and City Council has already approved regarding recreational marijuana sales. Planning Manager Escobar stated that she would like to clarify for the Commission that the special use permit application is for the cultivation and manufacturing, retail sales are permitted by right in the industrial zoning district. Planning Manager Escobar stated that the code for the City of Farmington was crafted based on research of other cities who allow recreational sales and the police department is aware and gearing up for this change. Planning Manager Escobar stated that if the Planning & Zoning Commission makes a recommendation for the SUP, it will move forward to City Council on December 14, 2021 and Ms. Crawford was welcome to attend and express her concerns. Commissioner Sewell asked that when a SUP is issued, does it go with the applicant or the land. Planning Manager Escobar stated that the SUP attaches to the property. Planning Manager Escobar stated that there is a recommendation of a 10 year time span due to the investment of the business. Vice Chair Freeman asked what the Legal Department's thoughts were on the timeline of the SUP. Planning Manager Escobar stated that the City Attorney is comfortable with the 10 years for this particular use. 8 Commissioner Sewell asked if the business does have the right to grow medical marijuana and if the special use permit is needed to grow for retail. Planning Manager Escobar stated that was correct, the SUP is needed to grow and manufacture marijuana for retail sales. Commissioner Sewell asked if the business will be able to grow for retail sales and supply other retailers as well. Planning Manager Escobar stated that was correct. Commissioner Smouse asked if the zoning falls within the guidelines of what City Council has approved. Planning Manager Escobar stated that was correct. Motion A motion was made by Commissioner Smouse and seconded by Commissioner Lockmiller to APPROVE Petition No. SUP 21-70 as recommended by staff. The motion carried unanimously 7-0. ____________________________________________________________________________ Discussion & Possible Action – Discussion & possible action regarding proposed revisions to the 2020 Unified Development Code, including revisions to Section 6: Subdivision Standards Planning Manager Escobar presented the following: Summary • Delete references to Medical Marijuana • Section 5.2.3.A Schedule B for rental fleet vehicles • Various updates to 5.6 - Floodplains • Several revisions to Section 6: Subdivisions to clarify developer responsibilities • Replace TIA in appendix Additional Changes to 5.7.3 Drainage • 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. • B. Design. Drainage improvements shall be designed in accordance with the following standards: • (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 9  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 5.7.3.B.5 • (5) New construction shall incorporate on-site 'first flush' retention best practices. First Flush on-site retention shall be sized to retain the 90 th 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. Discussion Commissioner Sewell asked for clarification on drainage. David Sypher, Community Works Director, 800 Municipal Drive, stated that the proposed revisions are largely housekeeping issues for the City Engineering Division for implementation. Mr. Sypher stated that the 90th percentile refers to the calculation of 0.53 inches to calculate the first flush retention amount, first flush retention needs to be able to have the capacity to deal with the volume and should not be an issue to a developer, but is an expectation of the developer. Commissioner Smouse asked if the first flush is a standard practice. Mr. Sypher stated that it is and the State of New Mexico does not have primacy with the EPA, the standards are just being adopted. Mr. Sypher stated that developers do not have objection to the standard, but use the standard as a basis for their planning. Commissioner Smouse asked for information regarding the revisions to the rental fleet. Planning Manager Escobar stated the Enterprise property has had issues with fleet parking and the revision is to make sure that the fleet parking requirements are not missed in the future. Motion A motion was made by Vice Chair Freeman and seconded by Commissioner Ragsdale to MOVE FORWARD the proposed revisions to the 2020 Unified Development Code, including revisions to Section 6: Subdivision Standards, to City Council. The motion carried unanimously 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 Members. Business from Staff: Planning Manager Escobar stated there will be a meeting on December 16, 2021; all meeting will have a Zoom participation option. Planning Manager Escobar stated 10 that Perea Subdivision is moving forward to Council. Planning Manager Escobar stated that this will be Elizabeth Sandoval’s last meeting with the Planning & Zoning Commission. Adjournment: With no further business, a motion to adjourn was made by Commissioner Smouse and seconded by Vice Chair Freeman. The motion carried unanimously 7-0 and the meeting was adjourned at 4:09 p.m. ________________________________ _________________________________ Joyce Cardon Elizabeth Sandoval Chair Administrative Assistant 11  COMMUNITY WORKS PETITION REPORT Petition SUP 21-71 – Integrated Cannabis Facility A. STAFF REPORT, December 16, 2021 PROJECT INFORMATION Applicant Joseph Wojcik Representative Same Date of Application October 28, 2021 Requested Action Approval of a special use permit to allow for a vertically integrated cannabis establishment including cultivation and extraction. Location 1801 Bloomfield Hwy/R6001623 Existing Land Use Admiral Beverage Company Existing Zoning GC: General Commercial Surrounding Zoning & North: GC: General Commercial Land Use South: GC: General Commercial East: GC: General Commercial West: GC: General Commercial Notice Requirements Publication of Notice: November 30, 2021, Farmington Daily Times Property owners letter: November 23, 2021 Sign posted: December 2, 2021 Staff Planner Beth Escobar, Planning Manager STAFF ANALYSIS Background The parcel at 1801 Bloomfield Highway is zoned GC: General Commercial. 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. 12 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 on a 1.38-acre parcel located at 1801 Bloomfield Hwy in Farmington. Extraction of cannabis oils is proposed at this site. 13 Zoning 14 Aerial Map 15 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. The proposed business should not be detrimental to health and safety in the surrounding area. The existing building is 10,000 square feet. There is a City of Farmington fire hydrant approximately 150 feet away at the northeast corner of the intersection of Cortland Drive and Bloomfield Hwy. 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 will be compatible with the surrounding commercial and industrial uses. 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. Estimated daily water use is 1,000 gallons The applicant will work with Jacobs, the City’s wastewater contractor, to ensure no damage occurs to the wastewater system. In the application letter, the petitioner states charcoal filters will be used to remove odors. 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, 16  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 1.38 acres and can easily accommodate the required parking and loading area. 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. ADA parking spaces shall be required to be installed on-site for the retail portion of the business. Employee parking will be on the west side of the building. PUBLIC INPUT Letters were sent to 23 surrounding property owners and the property was posted with a sign. At the time of this report no public input has been received. 17 STAFF CONCLUSION Staff concludes approval of Petition SUP 21-71 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 21-71, a request from Joseph Wojcik, located at 1801 Bloomfield Hwy 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. Two hard surface ADA parking spaces, one van accessible, shall be installed in front of the retail portion of the building. Staff is recommending the SUP be good for ten years. 18 19 20 21 22  COMMUNITY WORKS PETITION REPORT Petition ZC 21-76 928 E Main A. STAFF REPORT, December 16, 2021 PROJECT INFORMATION Applicant The Grass Station - Jason Martindale Representative Jason Martindale Date of Application November 18, 2021 Requested Action A Special Use Permit for a cannabis cultivation facility. Location 928 E Main Street Existing Land Use Commercial Existing Zoning General Commercial Surrounding Zoning & Land North: GC: General Commercial Use South: GC: General Commercial East: GC: General Commercial West: GC: General Commercial Notice Requiements Publication of Notice: November 30, 2021, Farmington Daily Times Property owners letter: November 23, 2021 Sign posted: December 2, 2021 Staff Planner Beth Escobar, Planning Manager STAFF ANALYSIS Background The property at 928 E Main is zoned GC: General Commercial. There are three existing buildings on this property. The applicant is requesting a Special Use Permit to allow for cultivation of adult use cannabis in one of the existing buildings. A second building will be used for sales of cannabis. This is a permitted use in the GC zoning district. Per Ordinance No. 2021-1329, adopted by City Council on October 12, 2021, cultivation, manufacturing and production require a SUP. Per the applicant, production and manufacturing will not be conducted on this site. 23 Zoning 24 Aerial Map 25 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. The proposed business should not be detrimental to health and safety in the surrounding area. 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 will be compatible with the surrounding commercial and industrial uses. 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. Estimated daily water use is 1,000 gallons The applicant will work with Jacobs, the City’s wastewater contractor, to ensure no damage occurs to the wastewater system. The applicant will incorporate industry best practices to mitigate odors. 26 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 Comprehensive Plan’s 2040 Future Land Use Map recommends the subject area as “Commercial Mixed Use” PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to five surrounding property owners. At the time of this report no public comment has been received. STAFF CONCLUSION Staff concludes the approval of Petition SUP 21-71 a request for a Special Use Permit to allow for the cultivation of adult use cannabis conforms to the 2040 Comprehensive Plan and is in keeping with the general character of the surrounding properties. 27 STAFF RECOMMENDATION The Community Works Department recommends approval of Petition ZC 21-76, a request from Jason Martindale of the Grass Station for a Special Use Permit for an adult use cannabis cultivation facility at 928 E Main Street with the following recommended conditions of approval: 1. A City of Farmington business registration will be required. 2. A building/fire inspection shall be required. 3. Two hard-surface, van-accessible ADA parking spaces will be required. Staff is recommending the SUP be good for ten years. 28 29 November 18, 2021 The Grass Station LLC. 2844 E. Main Street Suite 106-313 Farmington, NM 87401 City of Farmington Planning and Zoning Farmington, NM RE: City of Farmington Special Use Permit Dear City of Farmington Planning and Zoning Committee, The Grass Station LLC is requesting a Special Use Permit to conduct Cannabis Growing and Retail Operations at 928 E. Main Street in Farmington, NM. Our intention is to grow up to 200 plants at a time as well as sell the grown products to adult recreational users 21 or older. We have signed a lease for the property at 928 E. Main Street which includes building 1 and building 2. Building 1 is 2112 square feet and will be used strictly for Cannabis Growing only. It will be set up with high efficiency LED lighting and a commercial water drip system for watering of the cannabis plants. Our goal is to consume the least amount of water and electricity for our grow operations. The building will be completely enclosed and will have no windows that allow viewing by the public. We will install a security alarm system and video surveillance in accordance with the New Mexico Cannabis producers’ requirements. The building will also be compliant with a local and state fire codes and requirements. We will also conduct retail operations in building 2. Building 2 is 2848 square feet. All retail operations will be conducted in compliance with any and all City of Farmington and State of New Mexico rules and regulations. We would appreciate your consideration in granting The Grass Station LLC a special use permit to conduct business in the City of Farmington. If there are any questions or if any clarification is required, please let us know. Kind Regards, Jason Martindale Managing Partner The Grass Station LLC thegrassstationnm@gmail.com 30 Recreational Retail Location Growing Location The Grass Station LLC Site Plan The Grass Station Will Conduct Grow Operations in Building 1 that is listed as Storage/Warehouse. This space will only be used to grow and harvest cannabis plants. All marketable flowers will be stored in accordance with the State of New Mexico. We have elected to use FloraFlex as our supplier for Lighting, Grow Boxes and our Irrigation System. Our intention is to start with 160 plants and expand up to 200 plants over time. The Grass Station growing building is fully enclosed and will incorporate adequate ventilation and will incorporate odor mitigation best practices. The building will remain inconspicuous and will not have any windows that allow public view. There will be no signage on building stating what the purpose will be. This building will only be accessed by ownership and designated employees of The Grass Station LLC. Based on an initial study, the property at 928 E Main Street meets the zoning requirements for General Commercial or Industrial. The property is greater than 300 feet from any school, religious institution, registered day care, dispensary or another commercial cultivation site. The Grass Station will conduct Retail Sales in Building 2. This building will be designed to have a designated patron entrance and a designated exit. There will also be a separate employee entrance away from any public entrance. The retail building will have adequate parking around property and will not interfere with business conducted by Liberty Tax. Building 2 is set back off of Main Street and provides customers with privacy away from public view from Main Street. The Grass Station is planning to start with 160 Plants and expand up to 200 Plants in 2022. Using FloraFlex products we have found will be the most cost effective and will minimize electricity and water consumption the best we possibly can. Below is the layout of how the grow operations will be in a 20’ x 30’ area of Building 1. We may space out to a 25’ x 40’ area if we can work around some of the structural support beams. The Grass Station LLC Project Plan Cont.… We will use the FloraFlex Micro Drip System to irrigate our plants. With this system we will use 1Gallon per plant per day. We will use an automation to control water flow and disbursement to the plants. Water Consumption Estimates as follows: 160 Plants x 1 Gallon = 160 Gallons PerDay 200 Plants x 1 Gallon = 200 Gallons Per Day 160 Gallons x 30 Days = 4,800 Gallons Per Month 200 Gallons x 30 Days = 6,000 Gallons Per Month We estimate we will use between 57,600 and 72,000 Gallons a Year for Growing Operations. 31 For Artificial Light, we will use the FloraFlex LED 650W Lights. We anticipate needing 10 Light Fixtures to grow160 plants. The light system will be equipment with automation to control timing. Each Light Fixtures can be up to 11.7 kWh per day, per fixture. This represents 18 hours per day initially and will drop to 12 hours per day in flowering stage. The Grass Station LLC Site Plan 32 33 The Grass Station Will Conduct Grow Operations in Building 1 that is listed as Storage/Warehouse. This space will only be used to grow and harvest cannabis plants. All marketable flowers will be stored in accordance with the State of New Mexico. We have elected to use FloraFlex as our supplier for Lighting, Grow Boxes and our Irrigation System. Our intention is to start with 160 plants and expand up to 200 plants over time. The Grass Station growing building is fully enclosed and will incorporate adequate ventilation and will incorporate odor mitigation best practices. The building will remain inconspicuous and will not have any windows that allow public view. There will be no signage on building stating what the purpose will be. This building will only be accessed by ownership and designated employees of The Grass Station LLC. Based on an initial study, the property at 928 E Main Street meets the zoning requirements for General Commercial or Industrial. The property is greater than 300 feet from any school, relis institution, registered day care, dispensary or another commercial cultivation site. The Grass Station will conduct Retail Sales in Building 2. This building will be designed to have a designated patron entrance and a designated exit. There will also be a separate employee entrance away from any public entrance. The retail building will have adequate parking around property and will not interfere with business conducted by Liberty Tax. Building 2 is set back off of Main Street and provides customers with privacy away from public view from Main Street. 34 Properties within 100 feet NAME1 ADDRESS CITYSTATEZIP CHAVEZ CARLOS PO BOX 751 AZTEC, NM 874100751 DAB INC PO BOX 38 GALLUP, NM 873010038 ELMORE ROBERT S AND PATRICIA E 928 E MAIN FARMINGTON, NM ETAL ST 874010000 PO BOX BIG SQUARES REZONIG LLC 35532 ALBUQUERQUE, NM 87176 925 E MAIN FARMINGTON, NM PARADISE VILLAGE FARMINGTON LLC ST 874010000 35  COMMUNITY WORKS PETITION REPORT Petition ZC 21-75 E Main A. STAFF REPORT, December 16, 2021 PROJECT INFORMATION Applicant GRHH Pinon Hills, LLC – Britnee Elliot Representative Robert Echols, C-W-E Date of Application November 12, 2021 Requested Action Zone Change request from GC: General Commercial to SF-7: Single family residential to combine with property at 5701 E Main Location Not Addressed – R6000174 Existing Land Use Vacant Existing Zoning General Commercial Surrounding Zoning & North: GC: General Commercial Land Use South: SF:7 Single family residential East: SF:7 Single family residential West: SF:7 Single family residential Notice Requirements Publication of Notice: November 30, 2021, Farmington Daily Times Property owners letter: November 23, 2021 Sign posted: December 2, 2021 Staff Planner Beth Escobar, Planning Manager STAFF ANALYSIS Background The applicant is requesting a zone change from GC: General Commercial to SF: 7- single family residential to allow for the combination with property located at 5701 E. Main through a summary plat. The property at 5701 E Main is zoned SF: 7. The portion of the subject property to be rezoned is approximately 82,250 square feet, or just under two acres. Staff has reviewed the Agave Subdivision Replat A and it meets the requirements for a summary plat. 36  Zoning Portion to be rezoned. 37 Aerial Map 38 Farmington Comprehensive Plan The Comprehensive Plan’s 2040 Future Land Use Map recommends the subject area as “Medium Density Residential” Medium Density Medium Family Residential: Primarily contain traditional gridded-street neighborhoods. New neighborhoods, or upgrades to existing neighborhoods, would provide a walkable environment intermixed with public facilities, retail services, housing, and park areas. 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 to the Medium Family Residential 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, the single-family residential zoning will connect two properties currently zoned SF- 7. C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? 39  None identified. D. Is the proposed density and intensity of use permitted in the proposed zoning district? Yes, medium family residential ranges from 4 to 20 dwelling units per acre. The proposed density if much lower. 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. 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. This zone change request will eliminate an inappropriate commercial buffer. PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to five surrounding property owners. At the time of this report no public comment has been received. STAFF CONCLUSION Staff concludes the zone change to SF-7 conforms to the 2040 Comprehensive Plan and is in keeping with the general character of the surrounding properties. Rezoning this portion of the commercially zoned property will prevent any conflicts in the future for the two adjacent single- family residential properties. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition ZC 21-75, a request from GRHH Pinon Hills, LLC., property owner, represented by Britnee Elliot, for a zone change from GC: General Commercial to SF:7 Single family residential. 40 41 Properties within 100 feet NAME1 ADDRESS CITYSTATEZIP FARMINGTON CITY OF 800 MUNICIPAL DR FARMINGTON, NM 87401 GRHH PINION HILLS LLC ETAL 855 W BROAD ST STE 300 BOISE, ID 83720 HAGEN GERALD W AND CHARLENE 4551 RANCHO DE ANIMAS FARMINGTON, NM MICHELLE DR 874020000 17832 E BEAR WALLOW HUSSON STEVEN D WAY RIO VERDE, AZ 85263 4651 RANCHO DE ANIMAS MICHELICH JOSHUA AND COURTNEY DR FARMINGTON, NM 87402 42