Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive March 24, 2022 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda Approval of the Minutes of the March 10, 2022 P&Z Meeting 3 4 Discussion regarding Conflict of Interest definition and regulations 5 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. - This item was postponed from the February 24, 2022 Planning & Zoning Hearing. 6 PETITION NO. SUP 22-08 - Discussion & possible action regarding a request for a Special Use Permit (SUP) for an integrated cannabis facility located at 6161 E Main Street. 7 PETITION NO. ZC 22-11 - Discussion & possible action regarding a request for a ZC: Zone Change from General Commercial to PD: Planned Development to allow for the development of a residential triplex. Located at the corner of Cedar St. and Commercial Ave. 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, April 12, 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 March 10, 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. P&Z Members Present: Chair - Joyce Cardon Vice Chair – Clint Freeman Gary Smouse Cheryl Ragsdale Gary Hanson Ryan Brown P&Z Members Absent: Shay Davis Mitch Sewell Cody Waldroup Elizabeth Lockmiller Staff Present: Beth Escobar Tami Spencer Others Who Addressed the Commission: Jason Little 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 Brown to approve the agenda of the March 10, 2022 Planning & Zoning Commission meeting. This motion passed unanimously by a 6-0 vote. Approval of the Minutes A motion was made by Commissioner Brown and seconded by Commissioner Smouse to approve the minutes of the February 24, 2022 Planning & Zoning Commission meeting. This motion passed unanimously by a 6-0 vote. 1 Swearing of Witnesses Tami Spencer, Administrative Assistant swore in all parties that wished to speak. ____________________________________________________________________________ PETITION NO. SUP 22-06 - Discussion & possible action regarding a request for a Special Use Permit (SUP) for an integrated cannabis facility located at 7101 E Main St. Planning Manager Escobar presented the following: Petition • Applicant: New Mexico Alternative Care • Representative: Jason Little • Location: 7101 E Main Street • Existing Zoning: GC: General Commercial • Request: SUP to allow for cultivation, production and manufacturing of adult cannabis • Retail sales, a permitted use, will be conducted on site. Subject Property 2  Aerial View 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 General Commercial Zoning District requires 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. 3  Staff Analysis • An cannabis cultivation facility seems appropriate for this location. Surrounding uses are a mix of commercial and industrial. • 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 Mixed Use Village. • On-site parking at the site conforms with UDC requirements. Public Notice • Letters were sent to six 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 22-06, a request from Jason Little of New Mexico Alternative Care, for the cultivation, manufacturing and production of recreational cannabis at 7101 E Main Street 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 interior remodeling and placement of the storage container. 4. Petitioner must receive approval of a variance reducing the required distance from a religious institution. 5. Petitioner will submit a completed Industrial and Commercial User Survey to Jacobs, the City’s wastewater contractor prior to issuance of a business registration. Staff is recommending the SUP be good for ten years. Discussion Vice Chair Freeman started a conversation regarding which should come first, the Administrative Review Board (ARB) meeting regarding the variance or the Planning & Zoning meeting regarding the SUP. Planning Manager Escobar explained that the SUP application came first, because it is a land use issue it would come first. When staff reviewed the SUP application , it was determined the petitioner would need to ask for a variance because of being within 300 feet of a religious institution. She also explained that the variance is something the ARB would decide on, but it can be discussed at this meeting. She also stated that without the variance the petitioner could not move forward with any uses related to adult cannabis. Jason Little, 534 E. Broadway, Farmington. Mr. Little stated he had been working on this property for about seven years with Cindy Lopez, the former Planning Manager, for the City of Farmington. At that time, they did not know if the 300 foot distance requirement from any school, daycare or religious institution would be from structure to structure or property line to property line, or if it would be passed in the state or city code. He also stated if you measure from front door to front door, it is approximately 600 feet and with dense vegetation between the structures. 4 Mr. Little explained they would be opening a full gas station and convenience store, along with the retail cannabis where the liquor portion of the store used be. They would be replacing the gas pumps and awning, the asphalt and perimeter fence, and remodeling the inside of the store. There will also be a detached lab behind the store. Mr. Little reassured the Commission that he would not be growing cannabis at this location. They would also be doing the extraction and production in the detached lab. The detached lab would be a C1D1 certified blast proof lab, which has been engineered to New Mexico State specific regulations to be used as a chemistry lab. Mr. Little believes they are far enough away from the church to be seen from their front door and that there would no smells infiltrating the church. Chair Cardon closed the public hearing potion of this meeting, and asked the Commissioners for any discussions or if any clarification is needed. Chair Cardon called for a motion on SUP 22-06. Motion A motion was made by Commissioner Brown and seconded by Commissioner Hanson to approve SUP 22-06 as presented by staff. The motion carried 4-2. Chair Cardon polled the Commission. Commissioner Smouse voted nay, because he was unclear if the church had been given proper opportunity to see the SUP as well as the variance that is being proposed. That they have not had adequate time to act on the variance associated with this application. Commissioner Brown voted aye, because the variance and the SUP are not mutually exclusive. He did feel like the ARB could make a decision that would sway the P&Z on the variance. Vice Chair Freeman voted nay, because there is very limited restrictions for cannabis facilities and distance to a church or school was one of them. He felt that if something were going to restrict it, it would be that. He also felt that if it had gone to the ARB first and they had approved it, his vote would have probably been yes. Chair Cardon voted aye, because she agreed with Commissioner Brown, we are at a standstill without ARB. She felt if they have their recommendation on the table as a consensus that it would go. Commissioner Ragsdale voted aye, because we still have a buffer for our decision between the ARB and us. Commissioner Hanson voted aye, because he felt this was a two prong legal process, and the church has a chance at both of those prongs. If the applicant fails at either of those, it is over. Planning Manager Escobar noted the vote was 4-2 and will be entered into the record. This will move forward to the City Council. 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 Planning Manager Escobar presented the following: Petition • Applicant: New Mexico Alternative Care • Representative: Jason Little • Location: 220 S Browning Parkway • Existing Zoning: IND: Industrial • Request: SUP to allow for cultivation, production and manufacturing of adult cannabis • Retail sales, a permitted use, will be conducted on site. Subject Property 6  Aerial View 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 General Commercial Zoning District requires 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 • An cannabis cultivation facility seems appropriate for this location. Surrounding uses are a mix of commercial and industrial. • 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 Industrial. • On-site parking at the site conforms with UDC requirements. 7  Public Notice • Letters were sent to nine 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 22-07, a request from Jason Little of New Mexico Alternative for cultivation, manufacturing and production of recreational cannabis at 220 S 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. 4. Petitioner will submit a completed Industrial and Commercial User Survey to Jacobs, the City’s wastewater contractor prior to issuance of a business registration. Staff is recommending the SUP be good for ten years. Discussion No discussion from the Commission. Jason Little, 534 E. Broadway, Farmington. Mr. Little stated this was his previous location for medicinal cannabis, packaging, sales and cultivation. Mr. Little mentioned he had previously met with Henry Productions, the business to the north of his property, so they are already familiar with his business. He had also done a good neighbor project to see how they would affect traffic flow into the neighboring businesses, and submitted that to the state. Mr. Little has also kept this location clean of weeds and trash and no problems. It is zoned Industrial, and he is looking to reopen it for retail sales and alcohol extraction. Commissioner Smouse asked Mr. Little if he had had any issues with licensing or had any violations when they had operated there previously. Mr. Little stated they had not. Mr. Little also stated he was issued the first medical dispensary license in San Juan County in December 2010. He has already had fire inspect this location and he will be installing a full sprinkler system installed in this location. Mr. Little stated safety is paramount for him and he has had no infractions with the state, they have also just finished being audited, which they do every year and they are always compliant. Chair Cardon closed the public hearing potion of this meeting, and asked the Commissioners for any discussions or if any clarification is needed. Commissioner Smouse stated he liked to see the good neighbor aspect of this SUP; it goes a long way in his opinion. Chair Cardon called for a motion on SUP 22-07. Motion A motion was made by Vice Chair Freeman and seconded by Commissioner Ragsdale to approve SUP 22-07 as presented by staff. The vote passed unanimously 6-0. 8 Chair Cardon stated this would be heard by City Council on Tuesday, March 22, 2022, at 6:00 pm. 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 that the City Council adopted their approval for the cell tower located at 5676 College Blvd. She stated there will be two applications for the March 24, 2022 meeting; one is a SUP for an integrated cannabis facility, and the other is a rezone in the Animas District for an interesting project. There will also be a final plat review, we are just waiting for the engineering department to finish their review of this property. Adjournment: With no further business, a motion to adjourn was made by Commissioner Smouse and seconded by Commissioner Hanson. The motion carried unanimously 6-0 and the meeting was adjourned at 3:47 p.m. ________________________________ _________________________________ Joyce Cardon Tami Spencer Chair Administrative Assistant 9  COMMUNITY DEVELOPMENT STAFF REPORT Farmington Center Subdivision Petition No. FP 22-03 A. STAFF REPORT, March 24, 2022 PROJECT INFORMATION Applicant Red Shamrock 12, LLC Representative Basin Surveying, Kevin Lane Date of Application January 31, 2022 Requested Action Final Plat Approval Location Parcel No. R0024557, 4109 E Main Existing Zoning GC: General Commercial Surrounding North: GC & SF-7 – Iles Subdivision, 1958 South: GC Zoning and Land East: Industrial Use West: E Main Street, and GC Subdivision Class Class 2 Notice Final Plats do not require notice Staff Planner Beth Escobar, Planning Manager SUBDIVISION INFORMATION Number of Lots 5 Commercial Lots Acres of Land 9.94 Minimum Lot Size Not applicable for Commercial Subdivisions Utilities Water: Per City Standards Sewer: Per City Standards Electric: Per FEUS Engineering Access & Per City Standards Circulation Street Lights Per City Standards Street Sign Per City Standards Fire Hydrants Per City Standards Drainage Per City Standards P & R’s Fees Per City Standards NBU Mail Box Coordinate with USPS 10 GENERAL INFORMATION The petitioner is requesting final plat approval for the Farmington Center Subdivision, located at 4109 E Main, the former Haliburton site. Farmington Center is a five lot commercial subdivision. There are two proposed accesses to public streets, one off East Main and one off Gila Street. This portion of E Main is under the administration of New Mexico Department of Transportation. The Preliminary Plan for this subdivision was approved by City Council on October 12, 2021. The applicant has realigned the connection from Gila Street into the subdivision to avoid impact to the residential development at 4102 Gila Street. STAFF ANALYSIS Per Section 8.8.4 of the Unified Development Code, all subdivisions shall comply with the following minimum standards: A. Design and improvement standards. All subdivisions shall be designed and constructed in accordance with applicable requirements of: (1) Article 5, development standards; and (2) Article 6, subdivision design and improvements. Staff Comments: Through staff review, the plat as presented meets, or will be required to meet through stipulations of approval, development standards and design and improvement requirements. B. Waivers. The commission may recommend and the council may approve, approve with conditions, or deny waivers of the standards in section 6.4, subdivision design standards, during the platting process. Staff Comments: No waivers are requested for this application. C. Zoning consistency. All subdivisions and the resulting lots shall be consistent with the requirements of the applicable underlying zone district. Staff Comments: All lots conform to the minimum standards of the GC: General Commercial zoning district. 11 D. Comprehensive plan consistency. All subdivisions shall be reviewed for consistency with the comprehensive plan, and every plat approved by the city shall constitute an amendment, addition or a detail of the comprehensive plan or part thereof adopted by the commission. Staff Comments: The 2020 Comprehensive Plan Land Use map designates this area as General Commercial. 12  Aerial Map of Surrounding Area Please note this aerial is from 2019. All vehicles and equipment have been removed from the site. 13 Final Plat Sheet 1 14 Final Plat Sheet 2 15 STAFF CONCLUSION Staff concludes approval of Petition FP 22-03, Farmington Center Subdivision, a Class 2, 5-lot commercial subdivision in Tier I of the City of Farmington is appropriate. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition 22-03, a Final Plat for Farmington Center Subdivision, a submittal from Red Shamrock 12, LLC, represented by Kevin Lane of Basin Surveying for Final Plat approval of a 5-lot, Class 2, subdivision of a vacant 9.94-acre parcel located at 4109 E. Main Street in Farmington with the following stipulations: 1. All technical corrections to the plat and construction drawings will be finalized and approved prior to submittal of the final plat for signature, including noted issues in this report. 2. A subdivision agreement shall be required. 3. Infrastructure construction shall not commence without an approved construction permit from the City. 4. Inspections shall be required. Inspections shall be scheduled 48 hours in advance. 16 17  COMMUNITY WORKS PETITION REPORT Petition SUP 22-08 – New Mexico Alternative Care – Integrated Cannabis Facility 6161 E Main Street STAFF REPORT, March 10, 2022 PROJECT INFORMATION Applicant Durango Greenery Inc. Representative Joel C Cameron Date of Application February 16, 2022 Requested Action Approval of a special use permit to allow for a vertically integrated cannabis establishment, including cultivation and manufacturing/production of cannabis. Location 6161 E Main Existing Land Use Currently vacant Existing Zoning Industrial Surrounding Zoning North: GC: General Commercial & Land Use South: SF-7: Single-family Residential East: SF-7: Single-family Residential West: GC: General Commercial, vacant Notice Publication of Notice: February 23, 2022, Farmington Daily Times Requirements Property owners letter: March 3, 2022 Sign posted: March 11, 2022 Staff Planner Beth Escobar, Planning Manager STAFF ANALYSIS Background The applicant has an adult cannabis facility in Durango, CO. The petitioner intends to conduct retail sales of adult cannabis inside the existing building. This use is permitted by right in the General Commercial Zoning District. The petitioner would also like to cultivate marijuana hydroponically and manufacture products through various methods. 18  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 6161 E Main Street. 19 Zoning 20 Aerial Map 21 Front of Building 22 Rear Parking Area (looking south) 23 Intersection of Pryor and Schmidt looking north 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 along the main retail corridor for the City. 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 a chip sealed parking lot and excess staff parking in the rear. A line of mature deciduous trees lines the rear property line. 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 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 Mixed Use Village. 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 0.93 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. One hard surface ADA parking space shall be required to be installed in the front of the building. 26 PUBLIC INPUT Letters were sent to 11 surrounding neighbors and the property was posted with a sign. Staff received a phone call from a resident at 5051 Schmitt Road who expressed concerns about the impact of this type of facility to the neighborhood, especially the potential for an increase in crime. (See photo on page 7) At the time of this report no public input has been received. STAFF CONCLUSION The property at 6161 E Main has been vacant for several years. Retail sales of adult use cannabis is a permitted use on this property. The inclusion of manufacturing and production on the site should not increase traffic to the site, other than a small number of employees. Staff concludes approval of Petition SUP 22-08 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 22-08, a request from Joel Cameron of Durango Greenery for cultivation, production and manufacturing of cannabis at an existing building located at 6161 E Main Street 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. 4. Petitioner will submit a completed Industrial and Commercial User Survey to Jacobs, the City’s wastewater contractor prior to issuance of a business registration. 27 28 29 30 31  PLANNING MEMO COMMENTS SUMMARY SUP 22-08 DEADLINE: February 24, 2022 City of Farmington Departments CW Planning Manager – B. Escobar CW Addressing – Planning Division 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 ELEC I have "No Comment" on this request; however, they will need to apply for Electrical Engineering –Roberto Ga service upgrade if additional loads are to be installed. ELEC T&D – Field Op – L. Lugenbeel FIRE Fire Captain – K. Rix My only comment is that we did not do a fire inspection, rather a walk-through to FIRE Fire Marshall – B. Vega discuss with them their operation, possible building set-up, and advised that they need to submit plans for our review. LEGAL City Attorney – J. Breakell LEGAL Location appears to be in town but rural. Many private residences are surrounding the property. This might create ingress/egress issues for residents and business patrons. Deputy City Attorney – R. Frost In addition, nuisance factor of smell and industrial noise associated with cannabis facility may infringe on private owner interest. POLICE Code Compliance – M. Romero No Comment POLICE Sergeant – J. Jensen PRCA Parks - R. Crosby No Comment PRCA ORII – W. Unsicker CW City Engineer – I. BlueEyes CW Engineering – T. Sitta No Comment 32 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 33 Notification sent to properties within 100 feet FARMINGTON, NM 87402- AAA LIMITED LIABILITY COMPANY 6208 E MAIN ST 3030 CREWS SCHMITT LLOYD MICHAEL 5112 SCHMITT RD FARMINGTON, NM 87402 FOUTZ WARD LAURIE J 5108 SCHMITT RD FARMINGTON, NM 87402 GOSSENS PHYLLIS LOUISE 6208 E MAIN ST FARMINGTON, NM 87402 HOODOO B LLC ATTN DIMMICK LYNN 3591 NYLAND WAY LAFAYETTE, CO 80026 FARMINGTON, NM 87402- HOPPER DOYLE R JR & MYRNA LARI 5110 SCHMITT RD 3038 LILLYWHITE LORIN ROSS & LERLYN 85 ROAD 2553 AZTEC, NM 87410 MAGEE RANDALL C & PATRICIA J LIVING TR 6430 OLD COURSE DR FARMINGTON, NM 87402 NEWTON LUCILLE L THOMPSON 2552 CABEZON DR NE RIO RANCHO, NM 87144-6734 SCHMITT REVOCABLE TRUST PO BOX 267 KIRTLAND, NM 87417 VELASQUEZ VANGIE 11 ROAD 4399 FLORA VISTA, NM 87415 34  COMMUNITY WORKS PETITION REPORT Petition ZC 22-11 NE Corner of Commercial & Cedar A. STAFF REPORT, March 24, 2022 PROJECT INFORMATION Applicant Tristan Hawkins Representative Same Date of Application February 2, 2022 Requested Action Zone Change request from GC: General Commercial to PD: Planned Development to allow for development of a three-unit residential project. Location East Cedar Street, northeast corner of Cedar and Commercial/R0028432 Existing Land Use Vacant Existing Zoning General Commercial Surrounding Zoning North: GC: General Commercial – Al’s Trailer Sales & Land Use South: IND: Industrial – Public Parking/San Juan County District Attorney East: GC: General Commercial – Al’s Trailer Sales West: GC: Industrial Storage (legal, non-conforming) Notice Requirements Publication of Notice: February 23, 2022, Farmington Daily Times Property owners letter: March 3, 2022 Sign posted: March 11, 2022 Staff Planner Beth Escobar, Planning Manager STAFF ANALYSIS Background The applicant is requesting a zone change from GC: General Commercial to PD: Planned Development to allow for development of a triplex residential unit. The property size is 0.11 acres and is currently vacant. The property was until recently heavily vegetated and has a history of occupation by homeless individuals. 35 The applicant is proposing to construct three rental units on the site. One two-bedroom unit, a one-bedroom unit and a studio. The two-bedroom unit will have all-accessible features to accommodate tenants with disabilities. Each unit will have a small outdoor covered porch. Landscaping will be placed in the open area. Parking will be off Cedar Street. The petitioner intends to put a sidewalk along the E Cedar Street property edge. The final design of the sidewalk and driveway placement will be finalized with the engineering department through the building permit process. Mr. Hawkins intends to purchase the property if the zoned change is approved. 36 Zoning 37 Aerial View 38 Residential Uses 39  401 N Auburn Project Petitioner Completed in 2021 40 Farmington Comprehensive Plan The Comprehensive Plan’s 2040 Future Land Use Map designation is ‘Downtown’. The Plan states the Downtown District should: • Incorporate diversity of residential uses (including higher density) • Focus buildings to the street • Activate the pedestrian corridor • Align with the 2019 Downtown MRA Plan The subject property is located within the Animas District of the Metropolitan Redevelopment Area. Strategies for this district include: ‘Revise zoning codes to reflect the community vision as a mixed use neighborhood focused on outdoor recreation activities, related business and manufacturing and urban housing development.’ 41 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 Unified Development Code (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 ‘Downtown’ designation by addressing identified strategies in the 2019 Downtown MRA Plan. 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? This type of urban development, a triplex on a small lot, is compatible with neighborhood areas that incorporate a mix of uses that include residential, commercial, industrial, and public buildings. As the applicant states in his narrative, there is a need for workforce housing in the area. This development could serve as temporary housing for hospital workers, legal personnel, or rental housing for workers o any of the small businesses in the area. The petitioner intends to build energy efficient units with a fire suppression system and supplemental solar radiant heat. 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? The zone change being requested is to PD: Planned Development. Unified Development Code Sec. 4.1 - Planned development (PD). 4.1.1 Purpose. The planned development (PD) district is a special purpose district, intended to accommodate combinations of business and residential uses in areas of older structures or vacant land that may include new types of housing, residential/commercial conversions, infill development, starter homes, cluster homes, senior living developments, and planned commercial development. In all cases, new development in the PD district should be adequately served by infrastructure. The PD district is further intended to encourage innovative land planning and site design that ensures neighborhood, resource, and environmental protection, high quality appearance, open space preservation and the provision of amenities and other city goals by: • Reducing or eliminating the inflexibility that sometimes results from strict application of zoning standards that were designed primarily for development on individual lots; 42  • Rights and responsibilities are directly linked by the PD district. The PD district provides more flexibility than is otherwise allowed by any base district. Development rights—expressed as allowed uses, and density and dimensional standards—may be (proposed by the developer) increased in exchange for development plans that provide greater benefits to the community that base zoning district. For example, greater height and more flexible uses may be approved in exchange for more "usable open space," in accordance with subsection 4.1.8B. It's a trade-off for increased development rights that benefits both the developer and community. • Allowing greater freedom in selecting the means to provide access, light, open space and design amenities; • Promoting quality design and environmentally sensitive development by allowing development to take advantage of special site characteristics, locations and land use arrangements. • The PD district is intended to implement the infill and redevelopment policies of the comprehensive plan. By rezoning to a PD: Planned Development, the applicant is granted flexibility in design and density. The City is granted assurance that the property will develop as approved, with installation of landscaping and a sidewalk along Cedar Street. E. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? Three residential units on 0.11 acres is comparable with the MF- H: Multifamily High Density zoning district that requires 1,500 square feet per unit. The proposed five parking spaces conforms with the requirements of Section 5.2.3 of the UDC. Across Cedar Street, on the west side of Commercial, there is public parking that would be available for any quests of the residential development. This parking was installed in City right-of-way as part of the development of the District Attorney’s office. 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. The applicant will be installing a sidewalk along the southern boundary of the property along E Cedar Street. G. Does the proposed change constitute “spot zoning” as defined in Article 11, definitions? No. There are pockets of residential uses along East Cedar Street and north along S Animas Street. Rezoning to allow for three residential units aligns with the visions of the Comprehensive Plan and Downtown MRA plan to create viable, mixed-use neighborhoods. 43 PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to eight surrounding property owners. Staff has had conversations with two effected property owners asking questions about the proposed project At the time of this report, no written public comment has been received. STAFF CONCLUSION In staff’s opinion, this project provides much needed affordable rental housing. The project has the potential to serve as a catalyst in the area for future redevelopment promoting walkable neighborhoods. There is a variety of small and large employers in the area making this a good location for workforce housing. Staff concludes the zone change to GC: General Commercial to PD: Planned Development conforms to the 2040 Comprehensive Plan and the 2019 MRA Downtown Plan. The project will provide much-needed workforce housing in an area with a high concentration of employment opportunities. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition ZC 22-11, a request from Tristan Hawkins, potential property owner, for a zone change from General Commercial to Planned Development for a property located on the northeast corner of the intersection of S Commercial Street and E Cedar St. to allow for development of a three-unit residential project with the following conditions of approval: 1. Site will be developed in general conformance to the site plan and drawings submitted with the zone change application. 2. All necessary building permits shall be obtained. 3. Development of the sidewalk along E Cedar Street will be in the City of Farmington right- of-way. The applicant will work with the City engineer to place the driveways. 44  PLANNING MEMO COMMENTS SUMMARY ZC 22-11 DEADLINE: February 24, 2022 City of Farmington Departments CW Planning Manager – B. Escobar CW Addressing – Planning Division CW Chief Building Official – D. Childers No Comment CW Long Range Planner CW MPO – P. Koeppel CW Oil & Gas Inspector CITY City Manager’s Office – J. Baird No Comment ELEC Customer Care Manager – L. Richardson ELEC Electrical Engineering –Roberto Ga No Comment ELEC T&D – Field Op – L. Lugenbeel FIRE Fire Captain – K. Rix FIRE Fire Marshall – B. Vega LEGAL City Attorney – J. Breakell A tri-plex structure on .11 acres seems extremely tight. Further, parking for 3 different residential units will probably be on Cedar Street and Commercial Ave. Cedar and Commercial Ave. do not appear to have sufficient width for residential parking. LEGAL Deputy City Attorney – R. Frost Lastly, this area has many transient traffic and excessive homeless occupancy. The owner may not have considered that making this a residential area will result in increase conflict between renters and people obtaining homeless/social services. POLICE Code Compliance – M. Romero No Comment POLICE Sergeant – J. Jensen PRCA Parks - R. Crosby No Comment PRCA ORII – W. Unsicker CW City Engineer – I. BlueEyes 45 CW - Sidewalk placement looks to be behind the driveway aprons and set back from the road. This puts the sidewalk outside of the right- of-way for Cedar St and would make it very difficult to continue the sidewalk for any future development along E Cedar ST. Is this the best placement for Engineering – T. Sitta sidewalk? - Please check with the Traffic or City Engineer regarding the placement of the proposed driveway aprons, particularly from the intersection of Cedar and Commercial. It currently appears that there is only one driveway apron to this property. 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 46 47 48 49 Properties within 100 feet BARLOW MILTON & LINDA TRUST 385 TETON DR FARMINGTON, NM 87401 CULLER KARL S & MANDY J 6308 RED ROCK DR FARMINGTON, NM 87402 GARCIA JENNIE S ET AL 106 E CEDAR ST FARMINGTON, NM 87401 GUYNN JAMES & VICKIE 3102 ESPACIO ST FARMINGTON, NM 87401 JENNINGS RONALD E & JUDITH ANN TRUST 3108 N MESA DR FARMINGTON, NM 87401 RINER ERNIE or SHARON PO BOX 6777 FARMINGTON, NM 87499 SAN JUAN COUNTY BOARD OF COUNTY COMMISSIONERS 100 S OLIVER DR AZTEC, NM 87410-2400 VALDEZ JAMES I 200 W 20TH ST FARMINGTON, NM 87401 50