Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive June 16, 2022 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the May 26, 2022 P&Z Meeting 4 Open Meetings Resolution - 2022 5 PETITION NO. ZC 22-40 – a request for a ZC: Zone Change from GC: General Commercial to MU: Mixed Use, to allow for multifamily dwellings in lieu of the current motel use. Located at 5915 E. Main St. 6 PETITION NO. SUP 22-42 – a request to convert the existing Single Family Special Use Permit to a Multi Family Special Use Permit. The existing garage will be converted into a residential unit. Located at 115 N. Wall Ave. 7 PETITION NO. SUP 22-43 – a request for a Special Use Permit for a commercial cannabis product-testing lab. Located at 3315 Bloomfield Hwy. 8 PETITION NO. SUP 22-44 – a request for a Special Use Permit to allow expansion of a daycare center by placing a portable building on the property to be used as a classroom. A playground will also be added to the site. Located at 1113 N. Auburn Ave. 9 Discussion Regarding Cannabis 10 Business From Floor: Chairman: Members: Staff: 11 Adjournment 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 May 26, 2022 The Planning & Zoning Commission met in a regular session on May 26, 2022 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. P&Z Members Present: Chair Joyce Cardon Clete Berens Shay Davis Cheryl Ragsdale Gary Smouse Ryan Brown P&Z Members Absent: Vice Chair Clint Freeman Gary Hanson Elizabeth Lockmiller Cody Waldroup Staff Present: Beth Escobar Tami Spencer Others Who Addressed the Commission: None Call to Order Chair Joyce Cardon called the meeting to order at 3:00 p.m. There being a quorum present the following proceedings were duly had and taken. Approval of the Agenda A motion was made by Commissioner Davis and seconded by Commissioner Ragsdale to approve the agenda of the May 26, 2022 Planning & Zoning Commission meeting. This motion passed unanimously by a 6-0 vote. Approval of the Minutes A motion was made by Commissioner Berens and seconded by Commissioner Smouse to approve the minutes of the May 12, 2022 Planning & Zoning Commission meeting. This motion passed unanimously by a 6-0 vote. 1 Swearing of Witnesses There were no witnesses present to swear in. PETITION NO. FP 22-35 – Discussion & possible action regarding a request from BC Land Developers Inc., represented by Robert Echols with C-W-E, for final plat approval of an 18- lot residential subdivision. Planning Manager Escobar presented the following: Petition • Applicant: BC Land Developers, Inc. • Representative – Robert Echols, C-W-E • Location: San Juan County • Parcel # R0055371 • Existing Zoning: N/A • Request: Approval of a Final Plat for a 18-lot residential subdivision in Tier II of the City of Farmington’s Planning & Platting Jurisdiction. Aerial Map 2 Final Plat Sheet 1 Final Plat Sheet 2 3  Staff Recommendation The Community Works Department recommends approval of Petition 22-35, a Final Plat for Coyote Ridge Phase Two Subdivision, a submittal from BC Land Developers, represented by Robert Echols of Cheney-Walters-Echols for Final Plat approval of a 18-lot, Class 1, subdivision of a vacant 10.41-acre parcel located in Tier II, San Juan County. 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. Discussion: Commissioner Brown asked Planning Manager Escobar if this subdivision would be on a septic system. Planning Manager Escobar replied yes, the lots range from an acre to just above an acre to meet the required size to allow for septic. The permits would be issued from San Juan County under the purview of New Mexico Environmental Department. Commissioner Davis asked Ms. Escobar if this subdivision is outside the city limits. Ms. Escobar replied it is out of the city limits. Commissioner Davis then asked how it falls under the purview of the City of Farmington. Planning Manager Escobar answered per state regulations the City of Farmington and all municipalities within the State of New Mexico have what is called planning and plating jurisdiction from 5 miles from the city boundaries. Tier I is three miles and Tier II is up to the five miles. She added this particular subdivision is not likely to be annexed into the City. These regulations are put in place so the City has some control as to what happens in that area, like making sure the streets meet fire safety standards. The City of Farmington and San Juan County will both look at the plat. Commissioner Brown asked Planning Manager Escobar how the street names are decided. Ms. Escobar explained the names of the streets are approved through the San Juan County Addressing Division. When there is a submittal to the City in Tier I, San Juan County gets the same submittal. The County will review for septic requirements, any improvements to their roads, and they review for addressing. The City will review per our subdivision regulations, right of way width, access and lot configuration. Commissioner Berens asked Ms. Escobar for clarification on green space regulations. The City’s subdivision regulations do require a set aside for green space. There are areas in the city where a development fee is collected per lot, but this is not done outside the city limits. The Commission had no further questions, Chair Cardon called for a motion. A motion was made by Commissioner Brown and seconded by Commissioner Berens to approve the final plat SUP 22-35 as recommended by staff. The motion carried 6-0. 4 Cannabis Discussion: Planning Manager Escobar updated the Commission regarding the signage at 918 E. Main; the owner has contracted with San Juan Signs, who is at least eight weeks out. Ms. Escobar gave the Grass Station until June 30, 2022 to get the sign issues corrected. She also added the first application has come in for a cannabis-testing lab, which will be heard at the June 16 meeting. Commissioner Ragsdale asked how many dispensaries are there. Ms. Escobar replied four that are open, two are pending, and there is five approved for cultivation. Planning Manager Escobar added the restriction of the 300 ft. distance to a daycare, school, religious institution or another cannabis location, has brought five applications to the Administrative Review Board (ARB), which have all been approved for that wavier. Mayor Duckett has asked if those waivers can go through the Planning & Zoning Commission, rather than the ARB, to be recommended to City Council for the final action. The ARB’s action is final unless the decision is appealed. Mayor Duckett has appealed the decision for PurLife, which is the medical dispensary next to Dunkin Donuts, because he wants the Council to weigh in on this variance request Ms. Escobar explained the ARB is sworn in as a quasi-judicial board, per state regulations they stand as the final decision, unless the decision is appealed within 15 days. It is a public hearing and the standard notice process is done. Commissioner Smouse asked what the process is for re-writing code. Ms. Escobar answered we would come forward to the P&Z with a suggested code regulation change. It will be as simple as in the Cannabis Code the Planning & Zoning Commission and City Council hear all variance and waiver request for cannabis related businesses. It would then be published for 30 days; there are three hearings at the City Council during those 30 days before it becomes regulation. The requested code has been written and submitted to the City Attorney’s Office. The City Attorney will handle publication of the notices and presentation to Council. . The City Attorney will put it on an agenda for the City Council first, and then it will go to the Planning & Zoning, and back to the Council two more times. 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 the recommendation to deny the cell tower was set to be heard by City Council in a public hearing last Tuesday. Unfortunately, the Mayor and one of the Councilors were not in attendance, the hearing was tabled to the June 14, 2022 meeting, if they have a quorum. The Council on the Consent Agenda approved the two preliminary plans that were recommended for approval. Ms. Escobar also added that CDBG Associate Planner Colby Gibson has started putting together a housing plan, which is an action item in our Comp Plan. This will be brought to the second meeting in June for discussion. The housing plan will focus on availability of affordable housing, availability for funding for new homebuyers, potential locations for development of multifamily projects and possible funding for those developments and a possibility for expansion of our bus routes. 5 Adjournment: With no further business, a motion to adjourn was made by Commissioner Davis and seconded by Commissioner Smouse. The motion carried unanimously 6-0 and the meeting was adjourned at 3:22 p.m. ________________________________ _________________________________ Joyce Cardon Tami Spencer Chair Administrative Assistant 6  RESOLUTION A RESOLUTION SETTING AND ESTABLISHING A REGULAR MEETING DAY, TIME AND PLACE FOR THE PLANNING AND ZONING COMMISSION PURSUANT TO CITY COUNCIL RESOLUTION NO. 2013-1466 AS RATIFIED WHEREAS, pursuant to the provisions of Resolution No. 2013-1466 as ratified, each board, commission, committee or other policy making body of the City of Farmington which holds regular meetings shall annually, subject to the ratification and approval of the City Council of the City of Farmington, establish a regular meeting day, time and place; and WHEREAS, the Planning and Zoning Commission of the city of Farmington has determined and does recommend to the City Council that the regular meeting day, time and place of the Planning and Zoning Commission of the City of Farmington and the location where a copy of the agenda of such meetings may be obtained shall be as set forth in this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF FARMINGTON: That the regular meeting day, time and place of the Planning and Zoning Commission of the City of Farmington shall be held on each Thursday following each second and fourth Tuesday of each month at 3:00 p.m., in the Council Chambers, Municipal Building, 800 Municipal Drive, Farmington, New Mexico and that the location where a copy of the agenda of the regular meeting may be inspected seventy-two (72) hours in advance of such meeting shall be at the Community Works Department, 805 Municipal Drive, Municipal Annex, Farmington, New Mexico. PASSED, SIGNED, APPROVED and ADOPTED this ______ day of ________, 2022. By: Chairperson, Planning and Zoning Commission 7  COMMUNITY WORKS PETITION REPORT Petition ZC 22-40 5915 E Main St. A. STAFF REPORT, June 9, 2022 PROJECT INFORMATION Applicant Wild Goose Investments II, LLC Representative Curtis Cassida Date of Application May 6, 2022 Requested Action Zone Change from GC: General Commercial to MU: Mixed Use to allow for multifamily dwellings in lieu of the current commercial motel use Location 5915 E Main St. / R0028200 Existing Land Use Restaurant and Motel Existing Zoning GC: General Commercial Surrounding Zoning & North: GC: General Commercial Land Use South: SF-7: Residential East: SF-7: Residential and GC: General Commercial West: GC: General Commercial Notice Requirements Publication of Notice: May 29, 2022, Farmington Daily Times Property owners letter: May 25, 2022 Sign posted: June 3, 2022 Staff Planner Mike Safrany, Senior Planner STAFF ANALYSIS Background San Juan County Tax Assessor’s records show that the size of the property is 1.77 acres. There is currently a motel (National 9 Inn) and restaurant (the Long Dragon) on the site. The petitioner is requesting a Zone Change from General Commercial (GC) to Mixed Use (MU) so the motel can be converted into multifamily use. Currently 95% of the occupied rooms are used as long-term residences but the owner and the residents are unable to benefit from landlord-tenant laws due to the motel status. Multifamily dwellings allow for an application process which would provide a safer and more peaceful environment. 8  City of Farmington ZC 22-40 5915 E Main St. Zoning 9  City of Farmington ZC 22-40 5915 E Main St. Aerial View Subject Property 10  City of Farmington ZC 22-40 5915 E Main St. 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? SITE Yes, the proposed zoning conforms with the future land use designation of Mixed Use Village along East Main St. 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? The proposed rezoning to Mixed Use will be compatible with the General Commercial Zoning to the North and West, and the Single Commercial Zoning to the East and South. The site offers easy access, within a quarter mile, to Red Apple public transit service. C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? No adverse impacts are expected. The amount of residences will remain unchanged. D. Is the proposed density and intensity of use permitted in the proposed zoning district? Yes, multifamily apartments and Restaurants not serving liquor are permitted in the Mixed Use Zoning District. 11  City of Farmington ZC 22-40 5915 E Main St. E. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? The site as proposed meets all of the relevant regulations of the Unified Development Code with the exception of required parking. Forty-Four parking spaces are required for 29 apartment units, including three ADA parking spaces, one of which is van accessible. Staff will allow a 10% reduction of parking spaces due to the proximity of the Red Apple Transit and surrounding employment availability within walking distance of the site. Forty required parking spaces are available on the site. The ADA parking spaces must meet the requirements per Section 5.2.10 of the UDC. Per Section 2.4.34 of the UDC, staff would suggest the applicant install storage units for the apartments. Staff also recommends street frontage landscaping along Main St. using planter boxes and low water use plants. 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. All utilities are existing. G. Does the proposed change constitute “spot zoning” as defined in Article 11, definitions? No. Although there is no specific Mixed Use zoning in the area, there is a variety of Multi- Family, General Commercial and Residential zoning in the surrounding area. PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to 6 surrounding property owners. At the time of this report no public comment has been received. STAFF CONCLUSION Staff concludes the zone change to Mixed Use to allow for conversion of motel units to apartments is supported by the 2040 Comprehensive Plan and in keeping with the general character of the neighborhood. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition ZC 22-40, a request from Wild Goose Investments II, LLC represented by Curtis Cassida, for a zone change of a 1.77- acre parcel, #R0028200, from GC: General Commercial to MU: Mixed Use to allow for a restaurant and multifamily dwellings in lieu of the current motel use with restaurant. 12  City of Farmington ZC 22-40 5915 E Main St. 13  City of Farmington ZC 22-40 5915 E Main St. 14  City of Farmington ZC 22-40 5915 E Main St. 15  City of Farmington ZC 22-40 5915 E Main St. PLANNING MEMO COMMENTS SUMMARY ZC 22-25 DEADLINE: April 12, 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 My only comment would be to make sure there is an access sufficient for our Fire Marshall – B. Vega trucks from the front and throughout the storage area. LEGAL City Attorney – J. Breakell LEGAL Deputy City Attorney – R. Frost POLICE Code Compliance – M. Romero 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 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/Lumens – D. Willato Enterprise Field Services – M. Waszut Comcast Cable – M. Johnson JACOBS CH2MHILL OMI Surface Land Negotiator for BP – M. Venzara Farmington School District – C. Lyons 16  City of Farmington ZC 22-40 5915 E Main St. Properties within 100 feet NAME1 ADDRESS CITYSTATEZIP BELLA LUNA INVESTMENTS LLC 3101 MCCOLM DRIVE FARMINGTON, NM 87402 GLEN AND REBECCA FULLER TRUST 6990 FOOTHILLS DRIVE FARMINGTON, NM 87402 KAREN D HUNTSMAN 5919 PRYOR LANE FARMINGTON, NM 87402 ELIZABETH R KAIME TRUST 1830 BOSTON DRIVE LAS CRUCES, NM 88001 CHARLES AND NADINE COLE 2020 N 21ST PL PHOENIX, AZ 85006 HOODOO B LLC ATTN DIMMICK LYNN 3591 NYLAND WAY LAFAYETTE, CO 80026 17  COMMUNITY WORKS PETITION REPORT Petition SUP 22-42 115 N Wall St. A. STAFF REPORT, May 24, 2022 PROJECT INFORMATION Applicant Derrick Rangel Representative N/A Date of Application May 11, 2022 Requested Action A request to convert the existing Single-Family Special Use Permit to a Multi-Family Special Use Permit. Location 115 N Wall Ave. Existing Land Use Single-Family with SUP 13-11 Existing Zoning CB Central Business Surrounding Zoning & North: CB: Central Business –Vacant Lot Land Use South: CB: Central Business – Single Family Residential Use East: GC: General Commercial - Businesses West: CB: Central Business – Parking Lot Notice Requirements Publication of Notice: May 29, 2022, Farmington Daily Times Property owners letter: May 25, 2022 Sign posted: June 3, 2022 Staff Planner Mike Safrany, Senior Planner STAFF ANALYSIS Background The property at 115 N Wall Ave. is zoned CB: Central Business and is currently used as a single family residence under the SUP 13-11, single family residence. The petitioner requests the special use permit for a single-family residence be converted to a special use permit for multi-family residences. The owner intends to convert the existing garage in the rear of the property into a rental property with separate utilities. Off-street parking will be provided by removing a portion of the existing CMU wall to gain access through the parking lot/alley along the rear of the property. There is a 15 ft. access easement along the rear of the property. 18  City of Farmington SUP 22-42 115 N Wall Ave. Zoning 19  City of Farmington SUP 22-42 115 N Wall Ave. Aerial Map 20  City of Farmington SUP 22-42 115 N Wall Ave. Site Plan 21  City of Farmington SUP 22-42 115 N Wall Ave. 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 residence should not be detrimental to health, welfare and safety in the surrounding area. The use of the property will remain residential. 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 residence will be compatible with the surrounding commercial and residential uses. There is an existing single-family residence to the south of the subject property. Several small private businesses are located across the street. 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. The proposed use will not have negative impacts on the existing uses in the area. The existing garage will be converted to the new residence. Required off-street parking will be provided with access through the rear of the property. 22  City of Farmington SUP 22-42 115 N Wall Ave. 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 expansion of housing options in the MRA is consistent with the Comprehensive Plan. The 2019 Downtown MRA Plan encourages mixed-use, single-family, multi-family, affordable, senior and assisted, and market-rate housing throughout the district. The subject property is located along the Historic Downtown and Civic Center Neighborhood boundaries of the MRA. 23  City of Farmington SUP 22-42 115 N Wall Ave. PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to eight surrounding property owners. At the time of this report no public comment has been received. STAFF CONCLUSION Staff concludes the approval of Petition SUP 22-42 a request for a Special Use Permit to allow for multi-family residences and is in keeping with the general character of the surrounding properties. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition SUP 22-42, a request from Derrick Rangel for a Special Use Permit for multi-family residences at 115 N Wall Ave. Staff is recommending the SUP be good for five years. 24  City of Farmington SUP 22-42 115 N Wall Ave. 25  City of Farmington SUP 22-42 115 N Wall Ave. 26  City of Farmington SUP 22-42 115 N Wall Ave. 27  City of Farmington SUP 22-42 115 N Wall Ave. 28  City of Farmington SUP 22-42 115 N Wall Ave. 29  City of Farmington SUP 22-42 115 N Wall Ave. 30  City of Farmington SUP 22-42 115 N Wall Ave. Properties within 100 feet NAME1 ADDRESS CITY STATE ZIP 302 Limited LLC 302 E Main St Farmington, NM 87401 Cinkardia LLC 1605 Camina Placer Farmington, NM 87401 Jack D Cook 126 E Main St Farmington, NM 87401 Scott Ferrera Hutton Living Trust Po Box 5522 Farmington, NM 87499 Sandy Foxwell 3706 San Medina Ave Farmington, NM 87401 LDT Enterprises L 481 Quantum Rd NE Rio Rancho, NM 87124 Mangum Properties LLC 124 N Orchard Ave Farmington, NM 87401 Glen W and Michele J Russell 122 N Wall Ave Farmington, NM 87401 31  City of Farmington SUP 22-43 3315 Bloomfield HWY – Analyte Research Labs LLC. COMMUNITY WORKS PETITION REPORT Petition SUP 22-43 – Special Use Permit to allow for a commercial cannabis product- testing laboratory. STAFF REPORT, June 9, 2022 PROJECT INFORMATION Applicant Cory Edgar & Erik Arellano M.D. / Analyte Research Labs LLC. Representative N/A Date of Application May 12, 2022 Requested Action Approval of a Special Use Permit to establish a product safety- testing laboratory specializing in consumable cannabis testing. Location 3315 Bloomfield HWY Existing Land Use Office space- Vacant Existing Zoning IND: Industrial Surrounding Zoning & North: IND: Industrial- Industrial buildings Land Use South: IND: Industrial- Industrial buildings East: IND: Industrial- Driving school West: IND: Industrial- Industrial buildings The subject property is adjacent to a single family home zoned SF- 7: Single-family 7 to the southwest. Notice Requirements Publication of Notice: May 25, 2022, Farmington Daily Times Property owners letter: May 25, 2022 Sign posted: June 6, 2022 Staff Planner Colby Gibson, Associate Planner STAFF ANALYSIS Background The property at 3315 Bloomfield HWY is zoned I: Industrial. The subject property is a 1.07-acre lot with a 5,217 sq. ft. building constructed in 1981. The building appears to have served as an office, however is now vacant. Analyte Research Labs, LLC is a product safety-testing laboratory specializing in testing for biological and chemical contaminants in consumable products. The petitioner is requesting a Special Use Permit for establishing a product safety-testing laboratory specializing in cannabis testing for biological and chemical contaminants in consumable 32 products. The sampling, collection and testing of cannabis products is permitted in the GC: General Commercial and I: Industrial Zoning districts with a Special Use Permit. Aerial View 33  Zoning View Unified Development Code – Section 2.470 A. This section of the UDC allows for a cannabis-testing laboratory with a Special Use Permit a. The sampling, collection and testing of cannabis products is permitted in the GC: General Commercial and I: Industrial Zoning Districts with a Special Use Permit. UDC 8.9. A. Special Use Permits: The purpose of a Special Use Permit is to allow for discretionary approval of uses with unique operating characteristics. A. Special use permit approvals attach to the property and are transferable to subsequent owners. This SUP, if approved could transfer to another owner, carrier or tenant. 34 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 testing laboratory should not have a detrimental effect on the surrounding properties. The subject property will have a similar design and use on the exterior. The applicant states that there will be no public access to the building and that there will be locked RFID doors to enter the lab. The State of New Mexico regulates that testing samples be transported to cannabis testing labs through certified couriers. Most samples are destroyed in the testing process; leftover samples are allowed to be returned to the producer or destroyed according to state regulation NMAC 16.8.2.15. 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. At the current time, this property and the surrounding areas are developed as industrial type of buildings. No changes are proposed to be made to the exterior of the building. The applicant states that the facility will conduct all activities inside the building with no outside markings or signage other than a company name / logo on the door. 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. There are no anticipated negative impacts foreseen from the prospected establishment of the lab. Testing processes are to be conducted inside an enclosed workspace. NM regulation states that all phases where cannabis or cannabis products are stored or weighed shall take place in a designated limited-access area where cannabis and cannabis products are not visible from a public place. The proposed chemicals and testing processes used in the lab are approved by the State of New Mexico. Per the Fire Department, all chemicals stored on site shall be inventoried and include a hazardous materials (MSDS) sheet. Per the applicants, all supplies used are available to the public over the counter and will not be used in large quantities. 35 D. Infrastructure impacts minimized: The proposed use shall not have negative impacts on existing uses in the area and in the city through impacts on public infrastructure such as roads, parking facilities and water and sewer systems, and on public services such as police and fire protection and solid waste collection, and the ability of existing infrastructure and services to provide services adequately. Per NMAC 16.8.2.10 A, a monitored alarm system and digital video surveillance system will be required for the facility. The alarm system must be able to provide an alert to a designated employee and, if necessary, law enforcement within 5 minutes after a notification of an alarm. E. 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 area of Farmington as industrial, which is the current zoning district. Per the UDC, Cannabis Laboratories are allowed in IND zoning districts with a Special Use Permit. 36  F. 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 1.07 acres, which seems appropriate for its intended use. G. 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. N/A PUBLIC INPUT Letters were sent to 16 surrounding neighbors and the property was posted with a sign. At the time of this report, no public input has been received. STAFF CONCLUSION The proposed cannabis product-testing lab seems appropriate for the industrial area. Staff concludes approval of Petition SUP 22-43 for the allowance of the cannabis product-testing lab. 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, at which time it can be reviewed and renewed. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition SUP 22-43, a request from Analyte Research Labs LLC, to allow for a cannabis product-testing lab at 3315 Bloomfield Highway with the following conditions: 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. 37  City of Farmington SUP 22-43 3315 Bloomfield HWY – Analyte Research Labs LLC. 38  City of Farmington SUP 22-43 3315 Bloomfield HWY – Analyte Research Labs LLC. 39 40 41 42  City of Farmington SUP 22-43 3315 Bloomfield HWY – Analyte Research Labs LLC. PLANNING MEMO COMMENTS SUMMARY SUP 22-43 DEADLINE: May 23, 2022 COMMENTS AND RECOMMENDATIONS City of Farmington Departments CW Planning Manager – B. Escobar CW Addressing – Planning Division CW A plan review and building permit will Chief Building Official – D. Childers be required for this project. 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 issue" with this request. Electrical Engineering –Roberto Ga Should there be any additional loads, they shall apply for electric service upgrade. ELEC T&D – Field Op – L. Lugenbeel FIRE Fire Captain – K. Rix FIRE Fire Marshall – B. Vega No comment for the SUP, but we'll need to see plans moving forward. LEGAL City Attorney – J. Breakell LEGAL Deputy City Attorney – R. Frost See Comment Below 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 CW Streets Superintendent – C. Fuller CW Traffic Engineer – M. Hathcock No Comment CW Water/Waste Water – D. Dalton No Comment Other Entities New Mexico Gas Company – R. Castillo No Comment 43 CenturyLink/Lumens – 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 44 Notification to properties within 100 feet 45  COMMUNITY DEVELOPMENT PETITION REPORT Petition SUP 22-44 – Day Care Center Classroom Expansion. The zoning is OP – Office Professional Zoning District. Property is located at 1113 N. Auburn Ave. A. STAFF REPORT, May 31, 2022 PROJECT INFORMATION Applicant Bella Luna Investments LLC Representative Rick Tedrow Date of Application May 13, 2022 Requested Action Approval of a special use permit to allow for a portable building classroom for the expansion of a Day Care Center. Location 1113 N. Auburn Ave. - R0031625 Existing Land Use Office/Storage in existing building – 0.73 acres Existing Zoning OP – Office Professional Surrounding Zoning & North: OP – Day Care Center Land Use South: SF-7 – Residential East: SF-7 – Residential West: SF-10 – Residential Notice Publication of Notice: May 29, 2022. Farmington Daily Times Property owners letter: May 25, 2022 Sign posted: June 3, 2022. Staff Planner Mike Safrany, Senior Planner STAFF ANALYSIS Background The applicant is requesting a special use permit (SUP) to allow for the expansion of the existing day care facility which is located on two properties directly to the north. Applicant intends to place a portable building to be used as a classroom on the property. The day care center will be open Monday to Friday from 6:30 a.m. to 6:00 p.m. The existing building on the site is currently used for office and storage, this use will not change. 46  City of Farmington 2 SUP 22-44 1113 N. Auburn Ave. In July 1983, Petition 803 was approved for a day care center for a maximum of 75 children at 1117 N. Auburn, which lies two lots north of the subject property. In July 1989, Petition 1024 was approved to expand the day care center for 1117 N. Auburn Ave. to 100 children. No specific conditions were attached. The applicant received a Special Use Permit in 2005 (SUP 2178) for a day care facility to serve 50 children at 1115 N. Auburn Ave. the property directly north of the subject property. The proposed classroom will serve the children of the existing day care center and will not increase the number of children being served. Figure 1. Aerial View The property is bounded on the south, east and west sides by single family residences, and on the north side by vacant land zoned SF-7. PROPOSED PLAN 47  City of Farmington 3 SUP 22-44 1113 N. Auburn Ave. Consistency with the Comprehensive Plan Figure 3. Future Land Use Plan The subject property is designated as Medium Density Residential in the 2040 Future Land Use Map There are Parks and Open Space uses in the surrounding area with Employment Mixed Use zoning to the southwest. Unified Development Code (UDC) The purpose of a Special Use Permit is to allow for discretionary approval of uses with unique operating characteristics. Day care centers are permitted with a Special Use Permit in all Office/Professional zoned districts and allowed by right in all commercial districts. Special use permits associated with commercial uses are transferrable. UDC 8.9.2 Special Use Permits: 48  City of Farmington 4 SUP 22-44 1113 N. Auburn Ave. A. Special use permit approvals attach to the property and are transferrable to subsequent owners. 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 use and location of the portable daycare center classroom will not be detrimental to the health, welfare and safety of the neighborhood. B. Compatible with surrounding area: The proposed site plan, circulation plan, and schematic architectural designs shall be harmonious with the character of the surrounding area with relationship to scale, height, landscaping and screening and density. Existing circulation and parking is harmonious with the character of the area and meets the requirements of the Unified Development Code. At this time, no additional parking will be added, the daycare center will not serve additional children. The scale and design of the portable building is in harmony with the surrounding residential buildings. 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. There are no anticipated negative impacts foreseen from operation of the proposed daycare center. The portable building that will house the classroom is located at the rear of the property, mitigating any noise or disturbance to neighbors. The day care center will be open Monday to Friday from 6:30 a.m. to 6:00 p.m. D. Infrastructure impacts minimized: The proposed use shall not have negative impacts on existing uses in the area and in the city through impacts on public infrastructure such as roads, parking facilities and water and sewer systems, and on public services such as police and fire protection and solid waste collection, and the ability of existing infrastructure and services to provide services adequately. The proposed use should have no impact on existing infrastructure. 49  City of Farmington 5 SUP 22-44 1113 N. Auburn Ave. E. 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 indicates this area is appropriate for medium density residential development. A daycare center is a low impact commercial activity. There are limited residential uses that could be negatively impacted by the proposed facility due to several open green spaces in the surrounding area. Entrance to the complex is off an existing driveway from Auburn Avenue. F. 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. This parcel is 0.73 acres with one existing office/storage building. G. 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. The submitted preliminary site plan meets the requirements of the Unified Development Code. The building permit submittal must meet the accessibility standards of the IBC and Unified Development Code. Unified Development Code The day care facility shall comply with the Use Standards of Section 2.4.16 of the UDC, including the following: • Day care centers shall comply with all applicable state requirements for the location of such facilities. • Outdoor recreation areas shall be screened in accordance with the provisions of 5.5.7, screening standards. 50  City of Farmington 6 SUP 22-44 1113 N. Auburn Ave. Reviewing agencies comments on this petition Engineering Staff - Toni Sitta: 599-1399 and tsitta@fmtn.org No comment regarding the Special Use Permit. Please be aware that the west side of this property, near the existing buildings is within a Zone A regulated floodplain. The additional parking is ok if the natural ground elevation is not altered. A building permit is required for the placement of any structures. Any new or added structures to this property must be placed outside of the floodplain or required to be in compliance with FEMA regulations. Chief Building Official - Derrick Childers: 599-1305 and dchilders@fmtn.org A plan review and building permit will be required for this project. If Farmington Schools is installing the portable it will be a CID permit. If the Daycare is installing the portable it will be a City of Farmington permit. Fire Marshal – Brandy Vega: 599-1439 and bvega@fmtn.org Must ensure proper Fire Department access. PUBLIC INPUT Six property owners within 100 feet of the subject property boundaries were mailed notification regarding this application. To date, staff has not received any public comments on this application. Properties within 100 feet NAME1 ADDRESS CITY STATE ZIP Thomas and Eileen Dinning Trust 6213 Foothills Drive Farmington, NM 87402 Varga Goff 1109 N Auburn Ave Farmington, NM 87401 Helen Handley Trust 416 Kathleen Pl Farmington, NM 87401 Willie J Kutac Jr 418 Kathleen Pl Farmington, NM 87401-3535 Living Water LLC 601 Ashurst Drive Farmington, NM 87401 Steven and Samantha Siegel 601 Ashurst Drive Rio Rancho, NM 87401 51  City of Farmington 7 SUP 22-44 1113 N. Auburn Ave. 52  City of Farmington 8 SUP 22-44 1113 N. Auburn Ave. STAFF CONCLUSION Staff concludes approval of Petition SUP 22-44 is appropriate. The subject property has been used for office and professional services complimentary to the neighboring Daycare Center. The large .73-acre property and surrounding open green space allows for adequate buffering from surrounding properties. The daycare classroom will provide services to existing daycare clients of the adjacent property to the north. The application meets the criteria for approval of a Special Use Permit. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition SUP 22-44, a request from Rick Tedrow, owner, Bella Luna Investments, LLC for operation of a daycare center classroom expansion at 1113 N. Auburn Ave, R0031625 subject to the following condition: 1. A plan review and building permit will be required for this project. 2. The petitioner shall submit proof of licensing by and compliance with the rules of the State of New Mexico for day care facilities. 3. The SUP shall be terminated if the state license is lapsed or revoked. 53  City of Farmington 9 SUP 22-44 1113 N. Auburn Ave. 54  City of Farmington 10 SUP 22-44 1113 N. Auburn Ave. 55  City of Farmington 11 SUP 22-44 1113 N. Auburn Ave. 56  City of Farmington 12 SUP 22-44 1113 N. Auburn Ave. 57  City of Farmington 13 SUP 22-44 1113 N. Auburn Ave. 58