Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive August 11, 2022 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the July 28, 2022 P&Z Meeting 4 DISCUSSION regarding the Quasi-Judicial Hearing Process 5 PETITION NO. CV 22-60 – A request to waive the 300-foot distance requirement from a cannabis facility and a religious institution for a cannabis retail facility to be located at 109 W Broadway. 6 PETITION NO. ZC 22-62 – A request for a ZC: Zone Change from SF 10 – Single family residential to PD: Planned Development for an Adult Living Community with a Community Center, and Caretakers Plaza. Sandstone at San Juan Country Club. 7 PETITION NO. PP 22-58 – A request for a Preliminary Plan approval for Sandstone at San Juan Country Club, a 55-lot subdivision in Tier I. Parcel No.R0033344 north of San Juan Country Club Phase II. 8 Business From Floor: Chairman: Members: Staff: 9 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 July 28, 2022 The Planning & Zoning Commission met in a regular session on July 28, 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 Cheryl Ragsdale Ryan Brown Cody Waldroup (Telephonically) P&Z Members Absent: Shay Davis Gary Smouse Gary Hanson Clete Berens Staff Present: Beth Escobar Colby Gibson Tami Spencer Others Who Addressed the Commission: Christopher Richardson Brooke Jones Call to Order Chair Cardon called the meeting to order at 3:01 p.m. There being a quorum present the following proceedings were duly had and taken. Approval of the Agenda A motion was made by Vice Chair Freeman and seconded by Commissioner Ragsdale to approve the agenda of the July 28, 2022 Planning & Zoning Commission meeting. This motion passed unanimously by a 5-0 vote. Approval of the Minutes A motion was made by Commissioner Ragsdale and seconded by Commissioner Brown to approve the minutes of the June 16, 2022 Planning & Zoning Commission meeting. This motion passed unanimously by a 5-0 vote. 1 Swearing of Witnesses Tami Spencer, Administrative Assistant swore in all parties that wished to speak. PETITION NO. SUP 22-48 – Discussion & possible action regarding a request for a special use permit for an integrated cannabis facility at 738 W. Main St, which may include production, manufacturing and cultivation. Planning Associate Planner presented the following: Petition • Applicant: Christopher Richardson • Location: 738 W. Main St • Existing Zoning: GC: General Commercial • Land Use: Commercial • Request: SUP for an integrated cannabis facility including cultivation, production and manufacturing. Background • The subject property is owned by Joshua Paulos of Dahms Investments LLC who is leasing the subject property to the applicant. • The property at 738 W. Main is zoned GC: General Commercial. • The applicant is requesting a Special Use Permit to allow for a cannabis micro-producer business on the property. • Per UDC 2.4.69 & 2.4.71 (A) the cultivation, manufacturing and production of cannabis are permitted in GC: General Commercial Zoning District with a SUP. Subject Property • An existing 1,200 square foot building on the south east corner of the property. • The property is 0.56-acre in size. 2 3 4 Zoning 5  Farmington’s Future Land Use Special Use Permits • 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. • Unified Development Code – Section 2.4.69 (A) This section of the UDC allows for cannabis manufacturing and production with a Special Use Permit The manufacturing and production of Cannabis and Cannabidiol (CBD) products is permitted in the Rural Agricultural, General Commercial, and Industrial Zoning Districts with a Special Use Permit. • Unified Development Code – Section 2.4.71 (A) This section of the UDC allows for commercial cannabis cultivation with a Special Use Permit. The planting, growing, harvesting, drying, curing, grading or trimming of cannabis for commercial use is permitted in the General Commercial, Planned Industrial Park, and Industrial Zoning Districts by Special Use Permit. SUP Criteria- Section 8.9.4 of the UDC • Effect on environment • Compatible with surrounding area • Minimizing external impacts 6 • Minimizing infrastructure impacts • Consistent with the UDC and Comprehensive Plan Site Map Floor Plan 7  Public Notice • This petition has been properly noticed. • Letters were sent to 17 surrounding property owners. At the time of this report no public comment has been received Staff Conclusion • The Community Works Department recommends approval of Petition SUP 22-55, a request from Christopher Richardson for a request for a Special Use Permit to allow for the cultivation, manufacturing and production of adult use cannabis at 738 W. Main St. Staff Recommendation • Per Section 8.9.6.B, that the SUP be granted for 10 years, at which time it can be reviewed and renewed. • Conditions • A City of Farmington business registration shall be required. • A building/fire inspection shall be required. • A building permit shall be required for any remodeling. • Per UDC sections 5.2.3 & 5.2.10- Installation of one (1) ADA accessible parking space with a minimum of one (1) van-accessible space with appropriate signage shall be required. Spaces shall be located near the accessible entrances where possible. • Staff recommends the use of street front and/or parking area landscaping per UDC Sec. 5.5 to enhance and preserve the natural environment and beauty of the city, to minimize the adverse effects of development, and to promote the general welfare of the citizens in Farmington. Discussion Vice Chair Freeman asked Associate Planner Gibson if the petitioner would be required to pave the ADA accessible parking space. Associate Planner Gibson replied paving would not be a requirement; it could be crusher fines or crushed gravel. It would also have to be delineated and have the proper signage. Vice Chair Freeman started a conversation regarding making the landscaping and paving the ADA accessible parking space a requirement. Planning Manager Escobar explained the Planning Division does not have the ability to require the landscaping and paving for an existing development. She also added the Commission, as part of the SUP, could make these items a requirement. Commissioner Brown asked if an SUP would be required if the petitioner wanted to do adult cannabis retail sales. Associate Planner Gibson no they would not, by right retail sales is permitted in General Commercial Zoning. Vice Chair Freeman inquired about the square footage of the building. Mr. Gibson replied that the building is 1200 sq. ft. Vice Chair Freeman asked if the petitioner had any plans to expand. 8 Planning Manager Escobar added, she thought they did have plans to expand, and if they did, they would have to come back for an additional SUP. Christopher Richardson, 36 Rd 3791, Farmington NM, 87401 Mr. Richardson explained they would be expanding with an additional building at a later date. Commissioner Brown asked the petitioner if a requirement for paving were added to the SUP, would they be able to accommodate that. Mr. Richardson replied, he would have to check their budget, but he would like to improve the area with paving and landscaping but further down the road would be better for them. Commissioner Brown also asked if they planned on retail sales. Mr. Richardson replied yes, they do plan to fully integrate at some point. Vice Chair Freeman asked what is the footprint of 200 plants? Mr. Richardson replied roughly 800 sq. ft. they intend to cultivate and manufacture in that building. When they expand to retail sales, they would like to build another facility in the back of the property and convert the front building to the retail facility. They also intend to reinforce the fencing and repair the barbed wire that runs across the top. Brooke Jones, 36 Rd 3791, Farmington NM, 87401 Ms. Jones, CFO for the business, wanted to expand on what her husband had explained to the Commission. They would not have much traffic coming into the business while they were only doing cultivation. Ms. Jones stated their goal is to cash flow their selves forward into improving the property. They plan to integrate and expand as they can. Ms. Jones also stated they are trying to be flexible in terms as to what they commit too, but are 100% open to ensuring that they bring the property up to par in terms of appearance. Vice Chair Freeman asked what their timeline was to open a dispensary. Ms. Jones responded they will be proceeding slowly; they want to work with building inspection and the fire department to make sure everything is done properly. They also want to grow a quality product before they transition into retail sales, but she is thinking six months to a year. Commissioner Brown ask Ms. Jones to talk about their plans to secure the property. Ms. Jones explained they are required to have security cameras both inside and outside of the building. The fence that is already there is six feet high with another two feet of barbed wire. She added the two doors used for access would have upgraded locks on them. When they expand, they will add extra security to the back of the property. Vice Chair asked about the water usage and disposal. Ms. Jones explained they have worked with the City water department, and they would be going out to inspect their watering set up. They will also be capturing as much water as possible to reuse. Any runoff that would be left would be diluted before it was disposed into the city sewer. Commissioner Waldroup asked about the barbed wire on the existing fence. Planning Manager Escobar stated since this was an existing fence; they can repair it or make modifications to it. She added by the time they move to retail sales, staff will ask them replace the fence. With no further public input Chair Cardon closed the public portion of the meeting. 9  Commission Discussion Vice Chair Freeman was still concerned about the ADA parking spot, but feels as long as it’s a grow facility and not used for retail sales, it should be ok. He also feels if they put a requirement in the SUP, that if they expand to retail sales, it should be paved. Chair Cardon added they would need five parking spots along with the one ADA parking spot. Planning Manager Escobar added they have the room for those spots. Vice Chair Freeman does not feel comfortable with giving them a time line for paving the parking lot, because it may take longer for the expansion into retail sales. Chair Cardon agreed about the timeline and added they could stipulate “when” they are ready to expand into retail sales that is when they should have the lot paved. Commissioner Waldroup agreed with this statement. Planning Manager Escobar informed the Commission when the petitioner applies for their business license; the Planning Division would be notified and can follow up on the SUP stipulations. With no further discussion, Chair Cardon called for a motion. A motion was made by Vice Chair Freeman to approve SUP 22-55 with the five conditions as presented by staff, and a sixth condition added requiring that before retail sales can begin, the parking lot should be paved and a new fence, that meets city standards be constructed. Commissioner Brown seconded the motion. The motion carried 5-0. The discussion’s regarding the draft Housing Snapshot Plan and the Wildland Urban Interface were tabled to a meeting with more Commissioner in attendance. 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: Vice Chair Freeman mentioned his business received the Edge Award from Four Corners Economic Development for company culture. Business from Staff: Planning Manager Escobar informed the Commission that the City Council adopted their unanimous recommendation for SUP 22-48 the integrated facility at 1512 W. Murray Dr. City Council also had the final reading for the changes to the Cannabis Ordinance. The Commissions first variance on the distance requirement will be heard at the August 11, 2022. Council also made a change to the Cannabis Ordinance operating hours. They will now be 7:00 am – 11:00 pm and will go into effect August 3, 2022. Adjournment: With no further business, a motion to adjourn was made by Commissioner Brown and seconded by Commissioner Ragsdale. The motion carried unanimously 5-0 and the meeting was adjourned at 3:45 p.m. _______________________________ _________________________________ Joyce Cardon Tami Spencer Chair Administrative Assistant 10  COMMUNITY WORKS PETITION REPORT Petition CV – High Altitude Exotics – Cannabis Sales 300-foot distance requirement waiver 109 W Broadway STAFF REPORT, March 10, 2022 PROJECT INFORMATION Applicant High Altitude Exotics Representative Martin Archuleta Date of Application July 6, 2022 Requested Action Waiver of the 300-foot distance requirement from a cannabis facility to another cannabis facility and a religious institution Location 109 W Broadway Existing Land Use Retail business, 9,422 square foot building Existing Zoning CB: Central Business Surrounding Zoning & North: CB: Central Business - offices Land Use South: GC: General Commercial East: CB: Central Business – Restaurant West: CB: Central Business – medical/retail Notice Requirements Publication of Notice: July 27, 2022, Farmington Daily Times Property owners letter: July 21, 2022 Sign posted: August 1, 2022 Staff Planner Beth Escobar, Planning Manager STAFF ANALYSIS Background The petitioner is requesting a waiver of the 300-foot distance requirement from a retail cannabis facility at 115 W Main, The alChemist, and a religious institution at 213 S Orchard, Restoration Family Worship Center. Per Section 2.4.67.C of the Unified Development Code retail sales shall not be permitted within 300 feet of any school (public and private), religious institution, registered daycare center or from another dispensary. Distance is measured by a straight line from the closest property line of the retail business to the closest property line of a religious institution, school, registered daycare or dispensary exclusive of public right-of-way. The subject property is within 100-feet of the property lines of The alChemist and Restoration Family Worship Center exclusive of right-of-way. High Altitude has operated as a smoke shop, selling CBD products and paraphernalia, since 2018. They have applied to the state for their cannabis retail license. 11  City of Farmington SUP 22-60 109 W Broadway Zoning 12  City of Farmington SUP 22-60 109 W Broadway Aerial Map 13  City of Farmington SUP 22-60 109 W Broadway Street View 14  City of Farmington SUP 22-60 109 W Broadway Unified Development Code (UDC) On July 26, 2022 adopted a resolution requiring that the Planning & Zoning Commission review all variance and waiver requests related to cannabis. The Commission will make a recommendation to City Council. Previously, per the Unified Development Code, all waiver and variance requests were heard by the Administrative Review Board. Since 2021, the Administrative Review Board has approved five requests for a variance to the 300-foot distance requirement: 4339 E Main Street – Zia Toke 3000 E 20th - The Reef Joint 3150 E Main St – Score 420 7101 E Main St – NM Alternative Care 3024 E Main – PurLife The ARB found in all cases that the applications were a minimum easing of the code, met the intent of the code and were properties that had characteristics unique enough to allow for waiver of the 300-foot distance requirement. Consistency with the UDC and Comprehensive Plan: The 2040 Future Land Use Plan designates this location as ‘Downtown’. Downtown facilities include offices, housing, restaurants, specialty retail, lodging, urban residential living, and cultural and service activities. The proposed use of cannabis retail sales conforms with the ‘specialty retail’ use. 15  City of Farmington SUP 22-60 109 W Broadway PUBLIC INPUT Letters were sent to 27 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 subject property is in a commercial area. The actual walking distance from the front door of The alChemist to the subject property is 565 feet. It is 477 feet from the subject property to the Restoration Worship Center at 213 S Orchard. Staff concludes approval of Petition SUP 22-60 for a retail sales facility at 109 W Broadway is appropriate. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition SUP 22-60, a request from Martin Archuleta of High Altitude Exotics for a waiver of the 300-foot distance requirement from another retail cannabis facility and a religious institution. 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. 16  City of Farmington SUP 22-60 109 W Broadway 17  City of Farmington SUP 22-60 109 W Broadway Properties within 100 feet NAME1 ADDRESS CITYSTATEZIP 201 W MAIN LLC 840 SUNRISE CT FARMINGTON, NM 87401 ARC THRIFTOWN INC 200 W BROADWAY FARMINGTON, NM 87401 BEGAY BERNICE LEE 123 W BROADWAY FARMINGTON, NM 87401 BRANNEN RICHMOND SCOTT AND MCPEEK BRANNE 510 GLADE RD FARMINGTON, NM 87401 BS ENTERPRISES LLP 101 E MAIN ST FARMINGTON, NM 87401 CATHOLIC CHARITIES OF GALLUP 119 W BROADWAY FARMINGTON, NM 87401 5200 VILLA VIEW DR APT FARMINGTON, NM DAVIS ANNIE CHARLENE TRUST 10A 874028254 EMERSON ANTHONY H AND MICHELE J PO BOX 719 KIRTLAND, NM 87417 EYE GLASS PROPERTIES LLC 113 W BROADWAY FARMINGTON, NM 87401 FARMINGTON CITY OF 800 MUNICIPAL DR FARMINGTON, NM 87401 FULLER GLEN AND REBECCA FAMILY LIVING TR 6990 FOOTHILLS DR FARMINGTON, NM 87402 GARCIA JENNIE S ET AL 106 E CEDAR ST FARMINGTON, NM 87401 FARMINGTON, NM HILL NATHAN AND CARSON SANDRA 119 E MAIN ST 874010000 MARTIN PAUL F AND MARIE TRUST 606 E DIAMOND ST FARMINGTON, NM 87401 FARMINGTON, NM 87401- MARTINEZ JOSEPH M AND SALLY C 203 W BROADWAY 6419 NEW MEXICO STATE OF ATTN FACILTY MANAGEM PO BOX 6850 SANTA FE, NM 87502 NEW MEXICO STATE OF PROPERTY CONTROL DIV PO BOX 6850 SANTA FE, NM 87502 RC AND TG PROPERTIES LLC 101 W BROADWAY FARMINGTON, NM 87401 FARMINGTON, NM 87401- RESTORATION FAMILY WORSHIP CENTER INT 213 S ORCHARD AVE 0000 FARMINGTON, NM 87401- S M AND M PROPERTIES LLC 203 W BROADWAY 6421 SHANMON HOLDINGS LLC 2306 E BLANCO BLVD BLOOMFIELD, NM 87413 STRICKLAND ALBERT PO BOX 363 LA PLATA, NM 87418 FARMINGTON, NM TGH TRUST 117 W MAIN ST 874010000 VALDEZ JAMES I 200 W 20TH ST FARMINGTON, NM 87401 WELLS FARGO BANK NEW MEXICO ATTN THOMSON PO BOX 2609 CARLSBAD, CA 92018 WINTERS CHARLES B 4720 WESTWIND AVE FARMINGTON, NM 87401 WINTERS CHARLES B 4720 WESTWIND AVE FARMINGTON, NM 87401 WISNER FAMILY INVESTMENTS LLLP 2 STUART PL DURANGO, CO 81301 18  City of Farmington SUP 22-60 109 W Broadway PLANNING MEMO COMMENTS SUMMARY CCV 22-60 DEADLINE: July 19, 2022 City of Farmington Departments CW Planning Manager – B. Escobar CW Addressing – Planning Division CW A building permit will be required for Chief Building Official – D. Childers any renovations. 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 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 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 Other Entities New Mexico Gas Company – R. Castillo No Comment CenturyLink/Lumens – L. Joe 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 Deputy City Attorney – R. Frost 19  City of Farmington SUP 22-60 109 W Broadway COMMENTS AND RECOMMENDATIONS The Family Worship Center, located on 213 S. Orchard, should be contacted for their position, and for confirmation that 213 S. Orchard is still being used as a place of worship. Concerning the proximity to the other cannabis facility, the areas of main street and Broadway are designated as areas of commercial use and ideal for businesses. Therefore, legal has can find no law or statute which would restrict the granting of the license, other than the City of Farmington Ordinance requiring 300-foot separation between dispensaries. 20  City of Farmington ZC 22-62 Sandstone at San Juan Country Club COMMUNITY WORKS PETITION REPORT Petition ZC 22-62 Sandstone at San Juan Country Club A. STAFF REPORT, August 11, 2022 PROJECT INFORMATION Applicant Scott Bird Representative Robert Echols, Cheney-Walters-Echols Date of Application July 15, 2022 Requested Action Zone Change request from SF-10: Single Family Residential to PD: Planned Development for an Adult Living Community Location Parcel # R0033344, north of Footjoy Road. Existing Land Use No existing structures, there is a drainage feature along the northern property line Existing Zoning SF:10 – Single family residential, 10,000 square foot minimum lot size Surrounding Zoning & North: RE:2- Single family residential, large lot Land Use South: SF:10 – San Juan Country Club Phase 2 East: RE-2- Single family residential, large lot West: RE:20 Vacant Notice Requirements Publication of Notice: July 27, 2022 Farmington Daily Times Property owners letter: July 21, 2022 Sign posted: July 29, 2022 Staff Planner Beth Escobar, Planning Manager STAFF ANALYSIS Background The petitioner is requesting a Zone Change from SF: 10, Single-family residential to PD: Planned Development for Adult Living Community with 53 residential lots, 2 open space lots, a stormwater pond, a caretakers plaza (Lot 13) and a community center. Lots range from 7,500 square feet to 14,700 square feet. Residential lots are proposed to have a 20-foot front setback, 25 feet for a garage, a 25-rear setback, and a 20-foot street side setback. The applicant is requesting a zone change from SF:10 to PD to allow for smaller lots and two non-residential uses. The standard setbacks for the SF:10 zoning district are 30 feet in the front, 15 feet in the rear and five on the interior sides for single story homes. 21  City of Farmington ZC 22-62 Sandstone at San Juan Country Club Lot sizes range from 7,000 square feet to 22,750 square feet. Entrances to the subject property will be from two existing roads in San Juan Country Club, Footjoy and Big Cedar. Due to the number of existing lots in the San Juan Country Club Subdivision, a third egress is required for the new development, per Section 6.4.6.B.(3). Per the Preliminary Plan submitted this third access will be constructed at the north end of the project, across a private property parcel and connect with Lakewood Drive. The request for smaller lots, less than the required 10,000 square foot lot size required in the SF:10 zoning district, is to create a walkable community. The caretaker’s plaza and community center will provide services to the residents of Sandstone at San Juan Country Club. The two open space parcels will dedicate a total of 9.03 acres to remain undeveloped. Lot 58 designates an existing stormwater pond. This will be a gated community. The subject property is 26.05 acres. 22  City of Farmington ZC 22-62 Sandstone at San Juan Country Club Zoning 23  City of Farmington ZC 22-62 Sandstone at San Juan Country Club Aerial View 24  City of Farmington ZC 22-62 Sandstone at San Juan Country Club Site Plan 25  City of Farmington ZC 22-62 Sandstone at San Juan Country Club Farmington Comprehensive Plan The Comprehensive Plan’s 2040 Future Land Use Map designation is ‘Medium Density Residential’. Medium Density Residential areas primarily contain traditional gridded-street neighborhoods. New neighborhoods, or upgrades to existing neighborhoods, should provide a walkable environment intermixed with public facilities, retail services, housing, and park areas. The desired density in this designation is 4 to 20 dwelling units per acre. 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: 1. Is the proposed zoning consistent with the Farmington Comprehensive Plan? Yes, the proposed Planned Development creates a walkable community with built-in services for the residents. Under the SF:10 zoning designation, approximately 100 residential lots could be developed on this property. 2. 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? 26  City of Farmington ZC 22-62 Sandstone at San Juan Country Club The lot sizes proposed for Sandstone are smaller than the surrounding areas, which range from 2 acres to the north, and ½ to 1/3 acres to the south. The proposed layout provides buffering to the north, south and west so the higher density of residential units does not negatively impact the surrounding properties. 3. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? None identified. The subdivision shall be connected to city infrastructure. Any existing drainage issues and wastewater infrastructure issues shall be addressed through the platting process. 4. 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; • 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. 27  City of Farmington ZC 22-62 Sandstone at San Juan Country Club 5. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? Yes, the existing 25-acre property can accommodate the plan as proposed. 6. 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 required to construct the offsite street connection. 7. Does the proposed change constitute “spot zoning” as defined in Article 11, definitions? No. PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to 24 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, Sandstone at San Juan Country Club will create a quality residential walkable neighborhood with amenities attractive to older active adults. Staff concludes the zone change from SF:10 to PD: Planned Development conforms to the 2040 Comprehensive Plan and is an appropriate development for the area. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition ZC 22-62, a request from Scott Bird for a Planned Development for Adult Living Community with 53 residential lots, 2 open space lots, a stormwater pond, a caretakers plaza (Lot 13) and a community center(Lot 14. Lots range from 7,500 square feet to 14,700 square feet. 1. Site will be developed in general conformance to the site plan and drawings submitted with the zone change application. 2. Final Plat approval for Sandstone at San Juan County shall be required. 3. All necessary building permits shall be obtained. 28  City of Farmington ZC 22-62 Sandstone at San Juan Country Club 29  City of Farmington ZC 22-62 Sandstone at San Juan Country Club 30  City of Farmington ZC 22-62 Sandstone at San Juan Country Club NAME1 ADDRESS CITYSTATEZIP AKINS RANDAL D AND LISA M 6312 HIGH POINT DR FARMINGTON, NM 87402 FORTNER BILL 6405 PUTTER PL FARMINGTON, NM 87402 FORTNER HEATHER D 6630 FOOTJOY RD FARMINGTON, NM 874020000 FRED CHARLES AND KYONG 6730 FOOTJOY RD FARMINGTON, NM 87402 GONZALES AMELIA F 6320 HIGH POINT DR FARMINGTON, NM 87402-0000 HOWELL DAVID J AND LAURIE D 6725 HIGH POINT DR FARMINGTON, NM 87402 J AND S ENTERPRISES PO BOX 629 FARMINGTON, NM 87499 LOCKMILLER JOHN H AND ELIZABETH 6655 HIGH POINT DR FARMINGTON, NM 87401-0950 MEAD JEREMY B AND DEANZA D 6622 FOOT JOY RD FARMINGTON, NM 87402 MELAZZO CHARLES AND MARGARET LIVING TRUS 6635 HIGH POINT DR FARMINGTON, NM 87402 MOBLEY AUSTIN CRAIG 6825 HIGH POINT DR FARMINGTON, NM 87402 MULLIS WD TRUST 6700 FOOTJOY RD FARMINGTON, NM 87402 MURRIETA HECTOR AND LIDIA 6910 HIGH POINT DR FARMINGTON, NM 87402 NOVAK ANDREAS 6710 HIGH POINT DR FARMINGTON, NM 87402 PROCTOR FREDDY E AND GINA 6720 FOOTJOY RD FARMINGTON, NM 87402 SAN JUAN COUNTRY CLUB ESTATES ASSOCIATIO 6490 OLD COURSE DR FARMINGTON, NM 87402 SAN JUAN DEVELOPMENT CORP 5775 COUNTRY CLUB DR FARMINGTON, NM 87402-5085 SEABOLT STEPHANIE KATHLEEN AND JUSTIN LE 6614 FOOTJOY RD FARMINGTON, NM 87402 2900 LOUISIANA BLVD NE SL FARMINGTON LAND LLC STE 250 ALBUQUERQUE, NM 87110 STEVENS KENNETH D 6701 CLUB HOUSE DR FARMINGTON, NM 874020000 VAN SICKLE CHAD AND LISA 6531 MULLIGANS RD FARMINGTON, NM 87402 VISCONTI WATSON REVOCABLE TRUST 6316 HIGH POINT DR FARMINGTON, NM 87402 WARREN MASON H AND PATTI L 6525 HIGH POINT DR FARMINGTON, NM 87402 ZIEMS MICHAEL AND MARY 6710 FOOTJOY RD FARMINGTON, NM 87402-0000 31  An COMMUNITY DEVELOPMENT STAFF REPORT Preliminary P.U.D. Plat Sandstone at San Juan Country Club Petition No. PP 22-58 A. STAFF REPORT, August 4, 2022 PROJECT INFORMATION Applicant Scott D. Bird Representative Robert Echols of Cheney-Walters-Echols Date of Application July 6, 2022 Requested Action Preliminary Plan Approval Location Property is in San Juan Country Club. Parcel #R0033344 Existing Zoning SF-10 Surrounding North: RE-2: Single-Family Residential South: SF-10: Single-Family Residential Zoning and Land East: RE-20: Vacant Use West: RE-2: Single-Family Residential Subdivision Class Class 1 Notice Preliminary Plans do not require notice Staff Planner Mike Safrany, Senior Planner SUBDIVISION INFORMATION Number of Lots 55 Lots Acres of Land 26.04 Lot Size 7,000 – 22,750 square feet 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 32  Staff Report PP 22-58 Sandstone at SJ Country Club GENERAL INFORMATION Petitioner is asking for preliminary plan approval of a 55-lot subdivision in Tier I. San Juan County Tax Assessor’s records show that the size of the property is 26.04 acres. The lot is currently vacant. An existing storm water pond is located on a 1.58-acre parcel to the north of the project, that is part of this plat. There will be a 6.86-acre parcel designated as open space, and a 2.15-acre parcel designated as open space. ISSUES IDENTIFIED DURING INITIAL REVIEW The subject property is zoned SF-10. A zoning change will be submitted to accommodate undersized and commercial lots. It is required prior to Final plat submittal to provide a plat showing a dedicated right-of-way connection to Lakewood Drive. All land proposed as common open space shall substantially meet the criteria found in section 5.9.1 of the UDC. At least ten percent of the gross land area in planned unit developments must consist of common open space. There will be no further subdivision of the property. Engineering Staff –Toni Sitta 1) City Engineering Staff does not recommend the acceptance of dedication of the existing detention pond (Lot 58) unless the following information can be provided, reviewed, and inspected by City Engineering or designated representative. Any and all deficiencies should be corrected by the petitioner or developer to the satisfaction of the City prior to the City’s acceptance of dedication for any facility: a. Construction Plans and As-built Plans for the detention pond; b. Maintenance report of the pond by the developer; and c. The right of City staff or representative to inspect the pond for structural and maintenance deficiencies and any noted issues to be corrected by the developer. 2) City Engineering Staff has reviewed the preliminary plat and lot layout for drainage and has noted the following issues: a. The provided contours indicate historic drainage channels in both of the proposed Open Space Lots 56 and 57. These drainage channels appear to have the potential to cause flooding to proposed lots 43, 44, 16, and 17 and existing lots 445 and 446 of the San Juan Country Club Subdivision 2 #4. City Engineering recommends all drainage in the undeveloped area be shown and lot layouts corrected or drainage re- alignments drawn and designed with proposed construction plans submitted to City Engineering for review. 33  Staff Report PP 22-58 Sandstone at SJ Country Club b. A minimum 40 foot drainage easement is requested to be shown on the plat for the existing arroyo as it is located south of the existing detention pond (Lot 58). The easement shall be for the purpose of protecting the drainage from future development with maintenance responsibilities on the Private Development unless otherwise accepted by the City. c. City Engineering Staff will provide comments on the submitted Drainage Report separately from the Preliminary Plat Review (Comments and requested corrections for the Drainage Report should be addressed prior to acceptance of the Final Plat) 3) City Engineering Staff with provide comments on the submitted construction plans separately from the Preliminary Plat Review. (Comments and requested corrections for the Construction Plans should be addressed prior to acceptance of the Final Plat) Fire Marshall – Brandy Vega • There must be an access to the north, and the cul-de-sac must meet fire code (60 ft.). We will review hydrants when we have a site plan. Assistant Fire Marshall – Kipp Rix • Ensure Cul-de-sac is minimum 96 ft. diameter. • Add fire hydrant between lots 54/55; travel distance from FH south of lot 40 to FH at lot 49 is + - 790 ft. CenturyLink/Lumens - D. Willato • Developer will need to contact Lumen for any line extension for communications. Developer may need to pay for line extension into new subdivision. Revisions addressing these comments have not been received. Staff is including a recommended condition of approval to address these issues. 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. 34  Staff Report PP 22-58 Sandstone at SJ Country Club 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: The subject property is currently requesting a zone change (Petition ZC 22-62) from SF-10: single family residential to PD: Planned Development for an adult living community. The lot sizes will range from 7,500 square feet to 14,700 square feet. Residential lots are proposed to have a 20 foot front setback, 25 feet for a garage, a 25 foot rear setback and a 20 foot street side setback. 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 Residential Single Family Urban (Less than 20,000 sf acre lot). 35 Aerial Map of Surrounding Area 36  Staff Report PP 22-58 Sandstone at SJ Country Club Zoning Map of Surrounding Area 37  Staff Report PP 22-58 Sandstone at SJ Country Club PRELIMINARY PLAN - Sheet 1 38  Staff Report PP 22-58 Sandstone at SJ Country Club PRELIMINARY PLAN - Sheet 2 39  Staff Report PP 22-58 Sandstone at SJ Country Club STAFF CONCLUSION Staff concludes approval of Petition 22-58, Sandstone at San Juan Country Club Preliminary P.U.D. Plat, a Class 1, 55-lot subdivision in Tier I of the City of Farmington’s Planning & Platting Subdivision is appropriate, subject to technical and corrective changes as enumerated in this report. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition 22-58 a submittal from Scott D. Bird, represented by Robert Echols of Cheney-Walters-Echols, Inc. for preliminary plan approval of a Class 1, 55-lot subdivision of one undeveloped 26.04-acre parcel located in San Juan Country Club. 1. All technical corrections to the plat and construction drawings will be finalized and approved prior to submittal of the final plat, including noted issues in this report. 2. The final plat shall contain a note stating there will be no further subdivision of the property. 40  Staff Report PP 22-58 Sandstone at SJ Country Club 41  Staff Report PP 22-58 Sandstone at SJ Country Club 42  Staff Report PP 22-58 Sandstone at SJ Country Club 43  Staff Report PP 22-58 Sandstone at SJ Country Club 1. Ensure Cul-de-sac is minimum 96’ diameter 2. Add fire hydrant between lots 54/55; travel distance from FH south of lot 40 to FH at lot 49 is + - 790' Thank you, Kipp Rix Assistant Fire Marshal Farmington Fire Department (505) 566-2361 44  Staff Report PP 22-58 Sandstone at SJ Country Club 45