Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive March 10, 2022 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda Approval of the Minutes of the February 24, 2022 P&Z Meeting 3 4 PETITION NO. SUP 22-06 - Discussion & possible action regarding a request for a Special Use Permit (SUP) for an integrated cannabis facility at 7101 E Main St. (Beth Escobar) 5 PETITION NO. SUP 22-07 - Discussion & possible action regarding a request for a Special Use Permit (SUP) for an integrated cannabis facility at 220 Browning Parkway (Beth Escobar) 6 Business From Floor: Chairman: Members: Staff: 7 Adjournment If applicable, the recommendation of the Planning & Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, March 22, 2022. 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 February 24, 2022 The Planning & Zoning Commission met in a regular session on February 24, 2022 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/86493470979 P&Z Members Present: Chair - Joyce Cardon Vice Chair – Clint Freeman Gary Smouse Cheryl Ragsdale Gary Hanson Shay Davis Ryan Brown P&Z Members Absent: Mitch Sewell Cody Waldroup Elizabeth Lockmiller Staff Present: Beth Escobar Tami Spencer Andrea Jones Karen Walker via Zoom Others Who Addressed the Commission: Kevin Winner Don Mix 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 Shay to approve the agenda of the February 24, 2022 Planning & Zoning Commission meeting. This motion passed unanimously by a 7-0 vote. Approval of the Minutes 1 A motion was made by Commissioner Ragsdale and seconded by Commissioner Smouse to approve the minutes of the January 27, 2022 Planning & Zoning Commission meeting. This motion passed unanimously by a 7-0 vote. Swearing of Witnesses Tami Spencer, Administrative Assistant swore in all parties that wished to speak. ____________________________________________________________________________ PETITION NO. SUP 22-02 - Discussion & possible action regarding a request from Gravity Pad Partners for an extension of a previously approved cell tower from 65 feet to 85 feet to accommodate the placement of AT&T wireless communication equipment. Zoning is SF-10 Single Family Residential. The City of Farmington owns the subject property. Located at 5676 College Blvd. Planning Manager Escobar presented the following: Petition • Applicant: Gravity Pad Partners, LLC • Representative: Kevin Winner • Location: 5676 College Blvd • Existing Zoning: SF:10 – Single family residential • Land Use: City of Farmington property – drainage feature • Request: SUP to allow colocation of wireless communication equipment Background • The applicant, Gravity Pad Towers II, LLC received a SUP for construction of a wireless telecommunication facility in 2020. The petitioner has now submitted a SUP for placement of collocation equipment for AT&T at a height of 85 feet. • The applicant has a 25-year lease with the City (5 year terms, renewable every 5 years) • Monthly rental amount of $1,200 • Colocation fee is $4,000 annually 2  Subject Property SUP’s • 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: • 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. 3 Existing Cell Tower at 85 Feet View From Cactus Trail 4  Colocation Requirements • UDC 2.4.56.D Collocation Requirements • As part of the use regulations for telecommunication facilities, the collocation requirements provide guidance for the orderly deployment of equipment and facilities throughout the region. • The placement of AT&T equipment on the existing tower on the subject property complies with these requirements. The placement of the equipment on an existing tower satisfies the goal of limiting a proliferation of cell towers. • The applicant has provided information demonstrating this is the best location for the wireless equipment and certifying that AT&T is in compliance with all regulations. Public Notice • Letters were sent to 23 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 SUP 22-02, a request from Kevin Winner, Gravity Pad Partners II, for placement of a collocation tenant at 85 5 feet in height on an existing monopole located at 5676 College Blvd., R2001310, subject to the following conditions: 1. Towers and antennae shall be removed, at the owner’s expense, within 180 days of the discontinuance of use unless the City extends this time in writing. Planning Commission Discussion Kevin Winners with Gravity Pad Partners II, 1116 Loma Terra Place, Albuquerque, NM 87114, has applied for a Special Use Permit (SUP) for placement of a colocation tenant on an existing 81.5 (the height has been verified by petitioner Kevin Winner) monopole located at 5676 College Blvd. This property is owned by the City of Farmington. The subject property is zoned SF: 10, which is Single family residential. This property has an existing drainage feature along the eastern boundary of the property. Mr. Winner is requesting this SUP to allow for colocation of wireless equipment for AT&T. There were notifications sent out to property owners that were within 1000 feet of the subject property. Donald Mix, 2711 Lions Tr., Farmington was concerned that if the monopole was any taller, and after the AT&T equipment was added, that that would hinder the view from his house. Mr. Winner, who appeared via Zoom, assured Mr. Mix that the existing monopole was already at the maximum height, and that it would not get any taller. Mr. Winner also stated that the monopoles at 85 feet tend to blend in better in the urban areas. He also feels that the monochrome finish will blend in better with the sky. This clarification addressed Mr. Mix’s concerns. Chair Cardon called for a motion on ZC 21-83. Motion A motion was made by Commissioner Davis and seconded by Commissioner Brown to approve SUP22-02 for collocation of wireless communication equipment for AT&T on an existing 85-foot high cell tower. The vote passed unanimously 7-0. Chair Cardon stated this would be heard by City Council on Tuesday, March 8, 2022, at 6:00 pm. PETITION NO. FP 22-03 - Discussion & possible action regarding a request from Red Shamrock 12, LLC, represented by Basin Surveying, for final plat approval of a five lot commercial subdivision. Zoning is GC: General Commercial. Located at 4109 E. Main St. Planning Manager Escobar explained this is the development of the old Halliburton property on E. Main. The preliminary plan recommendation and approval by City Council required the construction plans be submitted prior to bringing the final plat to the Planning & Zoning Commission. Those construction plans have not been received yet, they are still in the development stage. The applicant said they would have the plans ready by March 8, 2022, so they can be reviewed in time for the March 24th meeting. Planning Manager Escobar asked to have this item postponed per the request of the applicant to the March 24, 2022 meeting. 6 Chair Cardon called for a motion on FP 22-03 Motion A motion was made by Vice Chair Freeman and seconded by Commissioner Ragsdale to table FP 22-03 until the March 24, 2022 meeting of the Planning & Zoning Commission. The vote passed unanimously 7-0 Annual Election of Chair and Vice Chair Commissioner Smouse made a motion to retain Joyce Cardon as Chair for the Planning & Zoning Commission. Chair Cardon accepted the nomination. Commissioner Shay seconded the motion. The vote passed unanimously 7-0. Chair Cardon made a motion to retain Clint Freeman as Vice Chair for the Planning & Zoning Commission. Vice Chair Freemen accepted the nomination. Commissioner Shay seconded the motion. The vote passed 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 informed the Commission there will be two SUP petitions for integrated cannabis facilities for the March 10, 2022 agenda. For the March 24, 2022 meeting there is a petition for a zone change in the Animas District, which is an exciting project. The final plat that was just postponed will also be on the March 24th agenda. Adjournment: With no further business, a motion to adjourn was made by Commissioner Ragsdale and seconded by Vice Chair Freeman. The motion carried unanimously 7-0 and the meeting was adjourned at 3:40 p.m. ________________________________ _________________________________ Joyce Cardon Tami Spencer Chair Administrative Assistant 7  COMMUNITY WORKS PETITION REPORT Petition ZC 22-06 – Integrated Cannabis Facility at 7101 E Main Street A. STAFF REPORT, March 10, 2022 PROJECT INFORMATION Applicant New Mexico Alternative Health Care Representative Jason Little Date of Application February 4, 2022 Requested Action A Special Use Permit for an integrated cannabis facility including cultivation, production and manufacturing. Location 7101 E Main Street Existing Land Use Commercial Existing Zoning General Commercial Surrounding Zoning & North: RA: Rural Agricultural Land Use South: None: San Juan County East: None: San Juan County West: GC: General Commercial Notice Requirements Publication of Notice: February 23, 2022, Farmington Daily Times Property owners letter: February 16, 2022 Sign posted: February 25, 2022 Staff Planner Beth Escobar, Planning Manager STAFF ANALYSIS Background The property at 7101 E Main is zoned GC: General Commercial. There is an existing 5,690 square foot building on this property as well as a fuel station canopy. The applicant is requesting a Special Use Permit to allow for cultivation and manufacturing of adult use cannabis in a shipping container to be placed on the site. The applicant plans to reopen the fuel station, and have retail sales of adult use cannabis from inside the existing building. 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. There is a religious institution within 300 feet of the subject property. The applicant will need to receive a variance from the Administrative Review Board to waive the distance requirement of Sections 2.4.41.C and 2.4.45.C of the Unified Development Code (ARB 22-13). 8  City of Farmington SUP 22-06 7101 E Main Street – Integrated Cannabis Facility The applicant is proposing to place a 40-foot container on the east side (rear) of the property to be used as a lab. This will be placed on a concrete pad. 9  City of Farmington SUP 22-06 7101 E Main Street – Integrated Cannabis Facility Zoning Calvary Chapel of Farmington 10  City of Farmington SUP 22-06 7101 E Main Street – Integrated Cannabis Facility Aerial Map 11  City of Farmington SUP 22-06 7101 E Main Street – Integrated Cannabis Facility EXISTING SITE, LOOKING EAST 12  City of Farmington SUP 22-06 7101 E Main Street – Integrated Cannabis Facility EXISTING SITE, LOOKING WEST 13  City of Farmington SUP 22-06 7101 E Main Street – Integrated Cannabis Facility REAR OF EXISTING BUILDING 14  City of Farmington SUP 22-06 7101 E Main Street – Integrated Cannabis Facility 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 noise and odors. 15  City of Farmington SUP 22-06 7101 E Main Street – Integrated Cannabis Facility 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 “Mixed Use Village” designed to promote vibrant walkable areas combined with a diversity of shops and services. 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 1.99 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. A building permit shall be required for placement of the storage container and any interior remodeling to the existing building. On-site parking at the site conforms with UDC requirements, including one ADA Van Accessible parking space. PUBLIC COMMENTS 16  City of Farmington SUP 22-06 7101 E Main Street – Integrated Cannabis Facility This petition has been properly noticed. Letters were sent to six surrounding property owners. At the time of this report no public comment has been received. STAFF CONCLUSION Staff concludes the approval of Petition SUP 22-06 a request for a Special Use Permit to allow for the cultivation, manufacturing and production of adult use cannabis conforms to the 2040 Comprehensive Plan and is in keeping with the general character of the surrounding properties. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition ZC 22-06, a request from Jason Little of New Mexico Alternative Care for a Special Use Permit for an adult use cannabis cultivation, production and manufacturing facility at 7101 E Main Street with the following conditions of approval: 1. A City of Farmington business registration will be required. 2. A building/fire inspection shall be required. 3. A building permit shall be required for interior remodeling and placement of the storage container. 4. Petitioner must receive approval of a variance reducing the required distance from a religious institution. Staff is recommending the SUP be good for ten years. 17  City of Farmington SUP 22-06 7101 E Main Street – Integrated Cannabis Facility 18  City of Farmington SUP 22-06 7101 E Main Street – Integrated Cannabis Facility 19  City of Farmington SUP 22-06 7101 E Main Street – Integrated Cannabis Facility Properties within 100 feet NAME1 ADDRESS CITYSTATEZIP CALVARY CHAPEL OF FARMINGTON PO BOX 1551 FARMINGTON, NM 87499 CAVE JACK AND LEE O PO BOX 79 FLORA VISTA, NM 87415 MONTOYA ANTHONY AND LINDA ET AL 1611 NM 170 LA PLATA, NM 87418 NEXSTAR 1 LLC ATTN CLIFTON HORACE 4300 E MAIN ST FARMINGTON, NM 87402 FARMINGTON, NM 87499- ROSENBAUM DEVELOPMENT LLC PO BOX 2308 2308 SMITH JAMES RUSSELL AND JOLENE 7075 OLD AZTEC KAY HWY FARMINGTON, NM 87402 20  COMMUNITY WORKS PETITION REPORT Petition SUP 22-07 – New Mexico Alternative Care – Integrated Cannabis Facility 220 Browning Parkway STAFF REPORT, March 10, 2022 PROJECT INFORMATION Applicant New Mexico Alternative Care Representative Jason Little Date of Application February 4, 2022 Requested Action Approval of a special use permit to allow for a vertically integrated cannabis establishment. Location 220 Browning Parkway Existing Land Use Medical Marijuana Facility (currently closed) Existing Zoning Industrial Surrounding Zoning & North: IND: Industrial Land Use South: IND: Redi Storage East: IND: Oil & Gas Facility West: IND: Industrial Notice Requirements Publication of Notice: February 23, 2022, Farmington Daily Times Property owners letter: February 16, 2022 Sign posted: February 25, 2022 Staff Planner Beth Escobar, Planning Manager STAFF ANALYSIS Background The property at 220 S Browning Parkway is zoned IND: Industrial. There is an existing 2,400 square foot building on this property which is currently vacant. 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. The petitioner intends to conduct retail sales of adult cannabis inside the existing building. 21  City of Farmington SUP 22-07 220 S Browning Parkway 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 220 Browning Parkway. 22 Zoning 23 Aerial Map 24 Unified 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. This location is situated at a developed, signal controlled, intersection and is surrounded by commercial and industrial uses. 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 site is fully developed with required parking. There is driveway access off of Morning Star Drive and an exit only driveway onto Browning Parkway. 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. Best practices of the industry will be incorporated to mitigate noise and odor. 25  City of Farmington SUP 22-07 220 S Browning Parkway 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 Industrial. 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 0.75 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, including one ADA Van Accessible parking space. PUBLIC INPUT Letters were sent to nine surrounding neighbors and the property was posted with a sign. At the time of this report no public input has been received. 26  City of Farmington SUP 22-07 220 S Browning Parkway STAFF CONCLUSION The property at 220 S Browning Parkway has been used as a medical marijuana facility in the recent past. The transition to a retail cannabis facility should be a seamless process. The manufacturing and production should not increase traffic to the site. Staff concludes approval of Petition SUP 22-07 for an integrated cannabis facility, including manufacturing, production and cultivation 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 22-07, a request from Jason Little of New Mexico Alternative Care for cultivation, production and manufacturing of cannabis at an existing building located at 220 Browning Parkway, with the following stipulations: 1. A City of Farmington business registration will be required. 2. A building/fire inspection shall be required. 3. A building permit shall be required for any remodeling. 27  City of Farmington SUP 22-07 220 S Browning Parkway PLANNING MEMO COMMENTS SUMMARY SUP 22-07 DEADLINE: February 16, 2022 City of Farmington Departments CW Planning Manager – B. Escobar CW A building permit is required for any Addressing – Planning Division remodeling CW Chief Building Official – D. Childers 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 I have "No Comment" on this request, however, if they will have some ELEC Electrical Engineering –Roberto Ga additional loads due to cultivation, they will have to apply for a 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 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 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 28  City of Farmington SUP 22-07 220 S Browning Parkway 29  City of Farmington SUP 22-07 220 S Browning Parkway 30  City of Farmington SUP 22-07 220 S Browning Parkway 31  City of Farmington SUP 22-07 220 S Browning Parkway Notification sent to properties within 100 feet NAME1 ADDRESS CITYSTATEZIP DUGAN PRODUCTION CORP PO BOX 420 FARMINGTON, NM 874990420 LAPLATA CONSTRUCTION INC 5645 US 64 STE B FARMINGTON, NM 87401 MACNAT LLC 4608 SAMANTHA LN FARMINGTON, NM 87402 MERRION FAMILY LTD PARTNERSHIP 610 REILLY AVE FARMINGTON, NM 87401-2634 NEXSTAR 1 LLC ATTN CLIFTON HORACE 4300 E MAIN ST FARMINGTON, NM 87402 PARKWAY LLC ATTN JESSE F AVERETT 2517 SAN JUAN BLVD FARMINGTON, NM 87401 REDI DOOR STORAGE INC 904 SCHOFIELD LN FARMINGTON, NM 87401 SCFRC HW V LLC 902 CARNEGIE CTR STE 520 PRINCETON, NJ 08540 TIMES 6 LLC 3900 MORNINGSTAR DR FARMINGTON, NM 87401 32