Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive September 29, 2022 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the September 15, 2022 P&Z Meeting 4 PETITION NO. PP 22-66 – A request from Mike Hamilton, represented by Scott Martin, Sakura Engineering, for a Preliminary Plan approval for a 26-lot subdivision located in the City of Farmington’s Tier I Planning & Platting Jurisdiction. Mesa Vista Subdivision #8 Replat A. Parcel No. R60020282. This item was postponed from the September 15, 2022 P & Z agenda. Staff: Mike Safrany. 5 PETITION NO. SUP 22-61 – A request for a Special Use Permit for a cemetery in a residential zone. Property is located at the southwest corner of the intersection of N Dustin Ave and E Amsden Drive. Staff: Colby Gibson 6 PETITION NO. SUP 22-75 – A request for a Special Use Permit to allow for cannabis manufacturing at The alChemist, a cannabis retail store located at 115 W. Main Street. Staff: Beth Escobar 7 Business From Floor: Chairman: Members: Staff: 8 Adjournment Petition items on this agenda will be scheduled for next City Council meeting – October 11, 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 September 15, 2022 The Planning & Zoning Commission met in a regular session on July 14, 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 Gary Hanson Cody Waldroup P&Z Members Absent: Ryan Brown Shay Davis Clete Berens Gary Smouse Staff Present: Beth Escobar Colby Gibson Tami Spencer Others Who Addressed the Commission: Mike Smith Patrick Martinez Call to Order Chair 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 Item #6 PP 22-66 Mesa Vista 8 Replat A was removed from the agenda. This item will be heard by the Planning & Zoning Commission on September 29, 2022. A motion was made by Commissioner Waldroup and seconded by Commissioner Ragsdale to approve the agenda of the September 15, 2022 Planning & Zoning Commission meeting. This motion passed unanimously by a 5-0 vote. Approval of the Minutes A motion was made by Vice Chair Freeman and seconded by Commissioner Waldroup to approve the minutes of the August 25, 2022 Planning & Zoning Commission meeting. This motion passed unanimously by a 5-0 vote. Swearing of Witnesses Tami Spencer, Administrative Assistant swore in all parties that wished to speak.  City of Farmington ZC 22-64 1116 Smith Lane PETITION NO. ZC 22-64- Discussion & possible action regarding a request from Mike Smith for a Zone Change from SF 7 – Single family residential to MF-M - multi-family medium density. Located at 1116 Smith Ln. Parcel No. R0027655. Planning Manager Beth Escobar presented the following: Background The petitioner is requesting a Zone Change from SF:7, single-family residential to MF:M medium family residential to allow for combination with the property to the north at 1116 ½ Smith. 1116 ½ Smith is zoned MF-M. The petitioner plans to remove the existing mobile home at 1116 ½ Smith and place a new manufactured home on the property at 1116 Smith. In addition to the mobile unit at 1116 ½ Smith, there is a two bedroom apartment in the back and a carport. There is a single family residence and a carport on 1116 Smith Lane. Zoning Street View  Aerial View Farmington Comprehensive Plan The Comprehensive Plan’s 2040 Future Land Use Map designation is Medium Density Residential. Medium-density residential is identified as 4 to 20 dwelling units per acre. After combination with the parcel to the north, total lot size would be .5 acres with four dwelling units, which translates to 8 dwelling units per acre which is within the recommended density. 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 ‘medium density’ designation of the 2040 Comprehensive Plan.  City of Farmington ZC 22-64 1116 Smith Lane B. Is the proposed zoning and land use(s) compatible with the present zoning and conforming uses of nearby property and the character of the neighborhood? Yes, the property is adjacent to high to medium density residential on the west, north and east and commercial to the south. The density proposed is compatible with the neighborhood. C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? None identified. The upgrade of the manufactured home unit is an improvement to the property. The Fire Department and Building Division have completed a site visit and did not identify any issues with the project. D. Is the proposed density and intensity of use permitted in the proposed zoning district? Yes, the proposed density conforms to the MF-M density. PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to eight surrounding property owners. At the time of this report no comments have been submitted. STAFF CONCLUSION In staff’s opinion, the zone change request is in line with the rest of the neighborhood and should not have an adverse impact. The upgrade of the manufactured home unit is an improvement to the property and the neighborhood. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition ZC 22-64, a request from Michael Smith, property owner, for a zone change from SF:7, single family residential to MF:M, SMHO, multifamily residential with the extension of the single family mobile home overlay to allow for placement of a new, single-wide manufactured home not on a permanent foundation on the property. 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. PLANNING & ZONING COMMISSION ACTION After a brief discussion, the Planning & Zoning Commission took the following action: A motion was made by Vice Chair Freeman and seconded by Commissioner Waldroup to approve ZC 22-64, a request for a zone change from SF:7 – Single-family residential to MF-M SMHAO, Mult-family in the manufactured home overlay district, to allow for combination of two parcels and replacement and relocation of a manufactured home on-site with the following conditions: 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. AYE: Chair Cardon, Vice Chair Freeman, Commissioner Hanson, Commissioner Waldroup, and Commissioner Ragsdale. NAY: None Abstained: None  City of Farmington ZC 22-64 1116 Smith Lane Absent: Commissioner Brown, Commissioner Davis, Commissioner Smouse, and Commissioner Berens. Motion passed 5-0 PETITION NO. SUP 22-67 – Discussion & possible action regarding a request for a Special Use Permit to add the sale and display of portable storage sheds on the property. Located at 2307 E. Main St. Associate Planner Colby Gibson made the following presentation: The subject property is zoned GC: General Commercial, 1.06 acres in size, and includes a 612 square foot office building, a 1500 SQFT shop, and a 576 SQFT storage garage. The applicant is requesting a Special Use Permit (SUP) to add the sale and display of portable storage sheds on the property. The petitioner is planning to continue to sell pre-owned vehicles on the property in addition to the sheds. Per UDC Sec. 2.3, outside sales and display is a special use in the GC zoning district, requires a SUP, and is subject to the use standards outlined in UDC Sec. 2.4.46. Zoning  City of Farmington ZC 22-64 1116 Smith Lane Aerial Map Zoomed Out Aerial Map Zoomed In Site Plan Unified Development Code – Section 2.3 This section of the UDC outlines the allowed uses in each zoning district. Outside sales and display is a special use in the GC zoning district, requiring a Special Use Permit. Unified Development Code – Section 2.4.46 This section of the UDC outlines the use standards for outside display of goods and merchandise: A. A site plan prepared in accordance with the requirements of section 8.5 shall be approved and filed with the findings of fact and conclusions of law as part of the approval. B. The display area shall not encroach or interfere with on-site access, parking, circulation, or required landscaping. C. The display area shall not encroach upon a public street, alley, sidewalk, or other public property unless a permit for any such encroachment has been obtained from the city. D. The display area shall, at all times, be kept neat, clean, and free of litter and debris. E. All goods, merchandise, vehicles, or implements which remain on display shall be properly watched or otherwise secured against theft, vandalism, damage, or loss in accordance with the requirements of section 5.4, fencing and walls. 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. Per UDC Sec. 8.9.6.A, Special Use Permit approval shall expire after 18 months from the date of approval if construction or operation of the approved use has not commenced. Special Use Permit Criteria – Section 8.9.4 of the UDC Section 8.9.4 of the UDC sets forth the criteria for review of a special use permit. The section states that a SUP may be approved where it is reasonably determined that there will be no significant negative impact upon residents of surrounding property or upon the public. The criteria for approval is listed as follows: A. Effect on environment: The location, size, design, and operation characteristics of the proposed use shall not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants and shall not be substantially or permanently injurious to the neighboring property. The proposed business should not be detrimental to health and safety in the surrounding area. B. Compatible with surrounding area: The proposed site plan, circulation plan, and schematic architectural designs shall be harmonious with the character of the surrounding area with relationship to scale, height, landscaping and screening and density. The business will be compatible with the surrounding mixed commercial and industrial uses. C. External impacts minimized: The proposed use shall not have negative impacts on existing uses in the area and in the city through the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard, or other injurious or noxious impact. The applicant shall provide adequate mitigation responses to the impacts. The proposed outdoor display and sales use will not have a negative impact on existing uses in the area. Per the applicant, sheds will be built off site and delivered to the property fully assembled. The sheds will be sold fully assembled from the property. 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. This includes examples 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 will be similar to the existing pre-owned vehicle sales use and should not affect infrastructure in the area. 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’s 2040 Future Land Use Map recommends the subject area as “Employment Mixed Use” designed to serve a range of regional employment and service types with a focus on job types and higher concentration of employees. 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 1.06 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. The applicant has submitted a site plan indicating the location for parking on the site and includes three parking spaces, one of which is an ADA Van-Accessible space. The site plan also includes the proposed placement of sheds and vehicles on the site. PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to nine surrounding property owners. At the time of this report, no public comment has been received. CITY OF FARMINGTON DEPARTMENT COMMENTS Traffic Engineer – Mark Hathcock • From the aerial view of the shed placements, it seems they will be blocking that southernmost entrance on Tucker Avenue. I would like the petitioner to abandon that driveway and replace it with curb and gutter. • At this point, I do not know how many deliveries they will be expecting via semi-truck, therefore I will want to see a plan on how the trucks will be entering and exiting the business when deliveries are made. There will be no unloading on the city street. POLICE Code Compliance – M. Romero • Make sure that the placement of the buildings does not impede the sight of traffic on Main Street or Tucker Avenue. The petitioner was able to provide an updated site plan to staff on August 31, 2022 that resolved the concerns. STAFF CONCLUSION Staff concludes the approval of Petition SUP 22-67 a request for a Special Use Permit to allow for the outside sale and display of portable storage sheds on the property. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition SUP 22-67, a request from Patrick Martinez for a Special Use Permit to allow for the use of outdoor sales and display of portable storage sheds at 2307 E. Main St. with the following conditions of approval: 1. Per UDC section 5.2.3 & 5.2.10 – Installation of three parking spaces, one of which is to be ADA accessible / Van Accessible with appropriate signage shall be required. Spaces shall be located near the accessible entrances where possible. 2. Per UDC Sec. 8.9.6.B that the SUP be granted for a period of five years, at which time it can be reviewed and renewed. Planning & Zoning Commission Action of Petition SUP 22-67 on September 15, 2022 After a brief discussion, the Planning & Zoning Commission took the following action: A motion was made by Commissioner Waldroup and seconded by Commissioner Ragsdale to approve SUP 22-67 with the conditions as recommended by staff with a change in the SUP’s expiration of approval from five to ten years upon a request from the applicant. 1. Per UDC section 5.2.3 & 5.2.10 – Installation of three parking spaces, one of which is to be ADA accessible / Van Accessible with appropriate signage shall be required. Spaces shall be located near the accessible entrances where possible. 2. Per UDC Sec. 8.9.6.B that the SUP be granted for a period of ten years, at which time it can be reviewed and renewed. AYE: Chair Cardon, Vice Chair Freeman, Commissioner Hanson, Commissioner Waldroup, and Commissioner Ragsdale. NAY: None Abstained: None Absent: Commissioner Brown, Commissioner Davis, Commissioner Smouse, and Commissioner Berens. Motion passed 5-0 DISCUSSION regarding Updated Wildland Urban Interface. Staff: Colby Gibson Mr. Gibson presented the updated map to the Commission. Due to concerns that the map would alarm people who own or purchasing property in the high risk zone, the Commission directed staff to change the color scheme of the map. 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 there were no petitions on the last City Council agenda. Adjournment: With no further business, a motion to adjourn was made by Commissioner Ragsdale and seconded by Vice Chair Freeman. The motion carried unanimously 5-0 and the meeting was adjourned at 4:10 p.m. _______________________________ _________________________________ Joyce Cardon Tami Spencer Chair Administrative Assistant  COMMUNITY DEVELOPMENT STAFF REPORT Mesa Vista #8 Replat ‘A’ Petition No. PP 22-66 A. STAFF REPORT, August 22, 2022 PROJECT INFORMATION Applicant Mike Hamilton, Mesa View Development Company Representative Scott Martin, Sakura Engineering Date of Application August 22, 2022 Requested Action Preliminary Plan Approval Location Block 4 and Lot 7, Block 3 located in the NE1/2 of the SW1/4 of Section 18, T29N, R12W, N.M.P.M. is a partially undeveloped parcel located at the eastern terminus of Wildflower Mesa Dr. City of Farmington. Existing Zoning MF – M, Multi-family Medium. Surrounding Zoning North: MF-M Undeveloped South: IND - Gravel mining and Land Use East: RA – San Juan County Juvenile Detention Center West: PD – Mesa Vista #7 Subdivision Class Class 1 Notice Preliminary Plans do not require notice Staff Planner Mike Safrany, Senior Planner SUBDIVISION INFORMATION Number of Lots 26 lots Acres of Land 7.05 Acres Minimum Lot Size 6,000 square feet (7,205 square feet is the smallest lot proposed) 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  Staff Report PP 22-66 Mesa Vista Subdivision No. 8 Replat “A” Page 2 GENERAL INFORMATION The petitioner is requesting preliminary plan approval for the Mesa Vista Subdivision No. 8, Replat A, a Class 1, 26-lot subdivision on a 7.05-acre undeveloped parcel located east of Mesa Vista Subdivision No 7. The final plat for Mesa Vista No. 8 was approved by the Planning & Zoning Commission on September 16, 2021 and the plat was recorded on September 30, 2021. The plat was approved in conjunction with Cecil’s Subdivision No. 2 Replat A, a recorded Final Plat which carved out a right-of-way from the adjacent parcel to the east to provide a connection of Wildflower Drive to Andrea Drive. The parcel to the east is owned by San Juan County and is the location of the Juvenile Detention Center. Phases 1-7 of the Mesa Vista Subdivision are almost completely built out. Mesa Vista No. 8 is not part of the Mesa Vista Planned Unit Development approved in 2007. The replat proposes a series of east/west cul-de-sacs connected to Lily Street and the removal of the north/south road, Rosita Street along the eastern boundary line adjacent to the detention center. The developer will be responsible for construction of all roads and infrastructure shown on the plat, including one-half of Lauren Road and the detention pond at Sophia and Lauren Street. Upon completion of the detention pond, maintenance will be the responsibility of the Mesa Vista Property Owners Association. This will be noted on the final plat. The developer will also be responsible for construction the extension of Wildflower Mesa Drive to the Andrea Drive intersection, along with the required intersection improvements identified in the Traffic Impact Analysis prepared by the project engineer. A sidewalk will be required on the north side of the Wildflower Mesa Drive. San Juan County has requested that no sidewalk be constructed on the south side of this road extension due to security concerns with the Juvenile Detention Center. The developer will be responsible for the construction of a 6-foot chain link fence with slats along this perimeter. San Juan County has agreed to construct a similar fence along the western property boundary. A non-vehicular access easement (NVAE) is being required for lots whose northern property lines abut Wildflower Mesa Drive. This is to prevent driveway access to this street, which, upon connection to Andrea Drive will be designated as a collector street. Lot 7A at the south end of the plat will also be restricted from accessing Lauren Street. ISSUES IDENTIFIED DURING INITIAL REVIEW Engineering Staff –Toni Sitta: 599-1399 and tsitta@fmtn.org • Please include a COF benchmark elevation with northing and easting on one corner of the surveyed lot. • Please double check the lots for distances and bearings – some are missing. • Please double check the length of the east boundary of the plat. The addition of the lengths of lots on that side do not seem to add up to the listed 1314.75 distance. • Please check the Plat Notes – if the notes do not apply to the Replat A area, please remove from the plat.  Staff Report PP 22-66 Mesa Vista Subdivision No. 8 Replat “A” Page 3 Engineering Staff –Isaac Blue Eyes: 599-1316 and iblue_eyes@fmtn.org • Recalculation on drainage for the new street/cul-de-sac layout. • For all cul-de-sacs, storm water shall be sub-surface. An inlet should be installed at the end of each cul-de-sac. Fire Marshall – Brandy Vega (505) 599-1439 bvega@firenet.org • Please submit full size site plan to assure hydrant number and placement are sufficient, road widths are sufficient and also cul-de-sacs are up to code. Planning Division – Mike Safrany 599-1333 and msafrany@fmtn.org • Per Section 6.4.4(A) of the Unified Development Code, a block length shall be at least 400 feet and not exceed 1,200 feet in single family residential areas. This issue will need to be resolved prior to the Preliminary Plan moving forward to the Planning and Zoning meeting. • Also show non-vehicular access easement (NVAE) on Plat drawing in addition to the note. Please include the lots whose north property lines are adjacent to Wildflower Mesa Drive and south property line of Lot 7A, Block 3. • Update Plat notes to correlate correctly with current revisions. • Please note the multiple Cul-de-Sac design does not substantially conform to the recorded plat of the Mesa Vista subdivision. There will be multiple points of contention brought up at the Planning and Zoning meeting such as Rosita Ct. no longer being a buffer between the Detention Facility and the residences. Increased traffic intersections at the Cul-de-Sac streets, awkward curb cuts to driveways limiting right of way parking, and also headlights shining into residences on the west side of Lily St. Staff would also like more detail as to the amount of cost savings this design would provide in lieu of the previous layout. 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: The proposed replat does not meet the requirements of Section 6.2.2 (A) of the Unified Development Code (UDC) requiring a block length of 400 feet minimum. Per UDC Section 6.4.7, staff has concerns about this new layout of cul-de-sacs negatively affecting the existing lots to the west of Lily Street and not being consistent with the rest of the Mesa Vista Subdivisions. In the original plat, Rosita Street, a 50-foot right-of-way along the eastern boundary with the detention center provided a buffer to the residential lots. With the replat, these lots will now share a property line with the detention center. 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 Report PP 22-66 Mesa Vista Subdivision No. 8 Replat “A” Page 4 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: Proposed replat is consistent with the underlying zoning of MF: M. 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 proposed single-family use is consistent with the Comprehensive Plan Land Use map, which designates this area as Low Density Residential of 4 dwelling units per acre The lot size does not conform to the ‘less than 1 acre but greater than 20,000 square feet’ designation of the plan. However, previous approvals for this subdivision include lots less than 10,000 square feet. The proposed lot sizes for No. 8 comply with the underlying zoning of MF-M. Aerial Map of Surrounding Area  Staff Report PP 22-66 Mesa Vista Subdivision No. 8 Replat “A” Page 6 Preliminary Plat Sheet  Staff Report PP 22-66 Mesa Vista Subdivision No. 8 Replat “A” Page 7 Preliminary Plat Sheet 2  Staff Report PP 22-66 Mesa Vista Subdivision No. 8 Replat “A” Page 8 Final Plat to Cecil’s Subdivision to dedicate road right of way STAFF CONCLUSION Staff recommends denial of Petition PP 22-66, Mesa Vista Subdivision No. 8 Replat “A” as the design does not substantially conform to the recorded plats of the Mesa Vista subdivisions, does not meet the minimum block length of 400 feet and removes a buffer to the property to the east. STAFF RECOMMENDATION The Community Works Department recommends denial of Petition PP 22-66, a request from Mike Hamilton, Mesa View Development, represented by Paul Martin of Sakura Engineering, for a preliminary plan of a Class 1, 26-lot subdivision on a 7.05-acre undeveloped parcel located at the eastern terminus of Wildflower Mesa Dr. in the City of Farmington. The lot sizes for No. 8 Replat “A” vary from 7,205 square feet to 13,559 square feet. Staff Report PP 22-66 Mesa Vista Subdivision No. 8 Replat “A” Page 10 Staff Report PP 22-66 Mesa Vista Subdivision No. 8 Replat “A” Page 11 Staff Report PP 22-66 Mesa Vista Subdivision No. 8 Replat “A” Page 12  COMMUNITY WORKS PETITION REPORT Petition SUP 22-61 – Cemetery at the SW Corner of Dustin Ave. and Amsden Dr. A. STAFF REPORT, September 29, 2022 PROJECT INFORMATION Applicant Greenlawn Cemetery Association Representative Gayla McCulloch Date of Application July 18, 2022; Site plan received August 29, 2022 Requested Action A Special Use Permit for a cemetery in a residential zoned area. Location 1300 Amsden Dr.Southwest corner of Dustin Ave and Amsden Dr. Existing Land Use Vacant Land Existing Zoning SF-A: Single Family Attached Surrounding Zoning & Land North: LNC: Local Neighborhood Commercial. Use is Use professional. South: SF-7: Single Family-7. Use is residential. East: SF-7: Single Family-7. Use is residential. West: SF-7: Single Family-7. Use is residential. Notice Requirements Publication of Notice: September 14, 2022, Farmington Daily Times Property owners letter: September 7, 2022 Sign posted: September 19, 2022 Staff Planner Colby Gibson, Associate Planner STAFF ANALYSIS Background The subject property is 1.86 acres of undeveloped vacant land at the corner of Dustin Ave and Amsden Dr zoned SF-A: Single Family Attached. Cemeteries are a special use in the Zoning District SF-A. The petitioner is requesting the Special Use Permit for a cemetery in a residential zoning district. UDC Sed. 2.4.14 provides the criteria for cemeteries and mausoleums. The minimum lot area is 20 acres and minimum setbacks for buildings on all sides is 30 feet. The 20-acre minimum size requirement would need to be waived as a part of this SUP.  City of Farmington SUP 22-61 Greenlawn Cemetery Zoning  City of Farmington SUP 22-61 Greenlawn Cemetery Aerial Map  City of Farmington SUP 22-61 Greenlawn Cemetery Site Plan  City of Farmington SUP 22-61 Greenlawn Cemetery Unified Development Code – Section 2.3 This section of the UDC outlines the allowed uses in each zoning district. Cemeteries are a special use in the SF-A zoning district, requiring a Special Use Permit. Unified Development Code – Section 2.4.14 This section of the UDC outlines the standards for cemeteries and mausoleums: A. Minimum lot area: 20acres. A waiver is being requested as part of this SUP due to the proximity of the existing cemetery. The existing Greenlawn Cemetery site does not meet the minimum lot area requirements at approximately 10.3-acres. Memory Gardens in Farmington and the Kirtland Cemetery in Kirtland are additionally just over 10-acres in lot areas. B. Minimum setback, buildings (all sides): 30 feet. No buildings are proposed. The storage shed in the southeast corner conforms with the setback requirements for an accessory building. C. The site proposed for a cemetery shall not interfere with the development of a public infrastructure system, including streets, sewers and other utilities. The project includes installation of new City sidewalks and extension of water and wastewater utilities. D. Buildings shall be used for cemetery purposes only, including offices memorial chapels, mausoleums, vaults, columbaria, and other such structures as may be necessary for the preparation, presentation, and interment of human or pet remains and the maintenance of the cemetery. E. There shall be adequate provisions for perpetual care. 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. Per UDC Sec. 8.9.6.A, Special Use Permit approval shall expire after 18 months from the date of approval if construction or operation of the approved use has not commenced. 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 should not be detrimental to health and safety in the surrounding area. The applicant proposes to use retaining walls to take up the steep grade to the south of the property. Green infrastructure such as bio swales will be used on the property to as a drainage feature.  City of Farmington SUP 22-61 Greenlawn Cemetery 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 proposed site plan should be compatible with the surrounding area. The site plan will be similar in nature to the cemetery across the street with grass, trees, and other landscape features. Additionally, a landscape buffer will exist along the west side of the property. The applicant provided a drought tolerant plant list. The proposed parking on the north side of the property is away from the existing residential to the south. The petitioner will be improving the alleyway on the east to a gravel surface. 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 a negative impact on the existing uses in the area. A six -foot tall ornamental fence is proposed to surround the property and provide vehicular and pedestrian gates at key locations. 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 site plan incorporates 24 parking spaces and 2 handicap accessible spaces to the north of the site. An additional 12 parking spaces and 2 handicap spaces will be provided (total of 40). Additional overflow parking is designated to the north of the site. The petitioner has been asked to develop a written agreement with the property owner for overflow parking and will be a condition of approval. A Schedule B parking plan has been submitted by the petitioner and approved by the Director. The applicant plans to irrigate the property with raw, untreated water. Greenlawn Cemetery does not currently have a water agreement with the City of Farmington. Conditions of approval include: A. Greenlawn Cemetery execute a written water agreement with the City of Farmington for the existing cemetery and the new development. B. All irrigation systems at the new development shall follow the EPA’s WaterSense best practices. 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’s 2040 Future Land Use Map recommends the subject area as “Mixed Use Village” designed to promote walkable areas with a combined diversity of shops  City of Farmington SUP 22-61 Greenlawn Cemetery and services. The proposed cemetery aligns with the comp plan’s land use recommendation for this area as it promotes walkability to and around the site. The sidewalk improvements will enhance pedestrian experience for the area to those seeking to walk to the cemetery, nearby service establishments, and the Brookside Park to the north. The proposed cemetery further aligns with the Mixed Use Village land use designation as it aims to develop vacant land and build areas with a unique character such as plazas, common areas, and outdoor seating. 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 2.06 acres. Per UDC Sec. 2.4.14, the minimum lot area for a cemetery is 20 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. The petitioner has submitted a site plan as part of the SUP application process. The site plan has been revised to meet the comments of staff. Staff concerns have been addressed. CITY OF FARMINGTON DEPARTMENT COMMENTS:  City of Farmington SUP 22-61 Greenlawn Cemetery CW - Planning Manager – B. Escobar: Please request a landscape list for review. Would suggest incorporation of non-deciduous trees to provide yearlong shade. Landscaping plant list has been added to site plan. Evergreen trees have been incorporated on each side of columbaria walls. Parking requirements will fall under Schedule B – Please request a narrative of parking needs from the applicant. Will funerals be conducted on site? A parking narrative has been provided in the site plan and has been approved by the Community Works Director. Some gravesite funerals are conducted on site (same as existing cemetery), most funerals are conducted elsewhere. Legal - Deputy City Attorney – R. Frost: I see this as an extension of the Greenlawn cemetery. I don’t see the structure in the center of the proposal fitting the spirit or definition of a building. Legal has no opposition to this petition. Applicant indicated that they understood. CW - Traffic Engineer – M. Hathcock: The trees in the conceptual layout look to be in the sight triangle on both Amsden and Boyd for motorists coming onto Dustin. Any vegetation that hinders the sight triangles should be removed from the final plan if this proposal is approved. Sight triangles have been added to the intersections of Amsden Dr & Dustin Ave and Boyd Dr. & Dustin Ave. Note has been added to site plan to limb trees up to seven feet. CW – Water/Wastewater – D. Dalton: I brought it up in the DRC meeting that the sewer line and MH within the property would need to be abandoned. The raw water agreement is up to Sypher and Sova. Applicant indicated that they understood. Will they need any potable water? The proposed site will not need potable water. PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to 19 surrounding property owners. At the time of this report, no public comment has been received. STAFF CONCLUSION Staff concludes the approval of Petition SUP 22-61 a request for a Special Use Permit to allow a cemetery in a residential zoned area. With the proposed use as a cemetery, staff is recommending, per Section 8.9.6.B, that the SUP be granted without a termination date.  City of Farmington SUP 22-61 Greenlawn Cemetery STAFF RECOMMENDATION The Community Works Department recommends approval of Petition SUP 22-61, a request from Greenlawn Cemetery Association, represented by Gayla McCulloch for a Special Use Permit to allow a cemetery in the SF-A zoning district at 1300 Amsden Dr with the following conditions of approval: 1. Building permits shall be required for construction. 2. The execution of a written water rights agreement between the City of Farmington and Greenlawn Cemetery shall be required prior to the issuance of a building permit. 3. The execution of a written parking agreement between Greenlawn Cemetery and the property owner to the north for overflow parking for both sites shall be submitted prior to the beginning of operations on the subject property. 4. The irrigation system for the Greenlawn Cemetery new development shall follow WaterSense best practices’. City of Farmington SUP 22-61 Greenlawn Cemetery City of Farmington SUP 22-61 Greenlawn Cemetery City of Farmington SUP 22-61 Greenlawn Cemetery City of Farmington SUP 22-61 Greenlawn Cemetery  City of Farmington SUP 22-61 Greenlawn Cemetery Subdivision Plat  City of Farmington SUP 22-61 Greenlawn Cemetery Properties within 100 feet  City of Farmington SUP 22-61 Greenlawn Cemetery City of Farmington Department Comments City of Farmington SUP 22-61 Greenlawn Cemetery City of Farmington SUP 22-61 Greenlawn Cemetery City of Farmington SUP 22-61 Greenlawn Cemetery  COMMUNITY WORKS PETITION REPORT Petition SUP 22-75 – The alChemist -115 W Main Cannabis Manufacturing – License 3 STAFF REPORT, March 10, 2022 PROJECT INFORMATION Applicant The alChemist Representative Gregory Hill Date of Application August 25, 2022 Requested Action Approval of a special use permit to allow for a manufacturing of a cannabis product on site. Location 115 W Main Existing Land Use Retail Cannabis Sales Existing Zoning Central Business Surrounding Zoning & North: CB: Central Business Land Use South: CB East: IND: Oil & Gas Facility West: IND: Industrial Notice Requirements Publication of Notice: September 14, 2022, Farmington Daily Times Property owners letter: September 8, 2022 Sign posted: September 19, 2022 Staff Planner Beth Escobar, Planning Manager STAFF ANALYSIS Background The property at 115 W Main is zoned Central Business. The alChemist, the tenant, has been operating as a retail cannabis sales facility since July 1, 2022. The business owner wishes to begin extracting rosin from the cannabis plant on site using an electric press. This requires a Manufacturer Level 3 license from the state. Per Section 2.4.67 of the Unified Development Code (UDC), retail sales are permitted within the CB: Central Business District. Per Section 2.4.69, the manufacturing and production of Cannabis and Cannabidiol (CBD) products is permitted in the RA: Rural Agricultural, GC: General Commercial and I: Industrial Zoning Districts with a Special Use Permit.  City of Farmington SUP 22-75 115 W Broadway The applicant is requesting a Special Use Permit (SUP) for manufacturing as a similar use to those allowed in the GC: General Commercial under Section 2.7.2. Zoning  City of Farmington SUP 22-75 115 W Broadway Aerial Map  City of Farmington SUP 22-75 115 W Broadway Unified Development Code (UDC) Section 2.7.2 similar use interpretations A. If an application is submitted for a use type not listed in the use table, section 2.3, the director or designee shall be authorized to make a similar use interpretation, based on the following considerations: (1) The actual or projected characteristics of the activity in relationship to the stated characteristics of each use type: Staff comments: The petitioner plans to use an electric rosin press to extract the material from raw cannabis flowers: The product is pressed between two hot plates. The unit plugs into a regular outlet. (2) The relative amount of site area or floor space and equipment devoted to the activity: Rosin presses average 7 x 10 inches wide. (3) Relative amounts of sales from each activity: The manufacturing process will enhance the product sold on site. The petitioner hopes this will help increase sales. (4) The customer type for each activity: Same as current patrons. (5) The relative number of employees in each activity: 1-2 (6) Hours of operation: Same as current. (7) Building and site arrangement: Same as existing (8) Vehicles used with the activity: None (9) The relative number of vehicle trips generated by the use: N/A (10) Signs: Already in place (11) Advertising: standard advertising/online  City of Farmington SUP 22-75 115 W Broadway (12) Whether the activity is likely to be found independent of the other activities on the site: No, the activity is directly tied to the sale of retail cannabis. 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. If this SUP was approved, it could transfer to another owner, carrier or tenant. Special Use Permit Criteria – Section 8.9.4 of the UDC Section 8.9.4 of the UDC sets forth the criteria for review of a special use permit. The section states that a SUP may be approved where it is reasonably determined that there will be no significant negative impact upon residents of surrounding property or upon the public. The criteria for approval is listed as follows: A. Effect on environment: The location, size, design, and operation characteristics of the proposed use shall not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants and shall not be substantially or permanently injurious to the neighboring property. The addition of the manufacturing process should have no negative impact on the surrounding businesses. The petitioner will be required to receive clearance from Jacobs, our wastewater contractor, for discharge of any product residue resulting from the manufacturing operation. 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. There will be no exterior changes as a result of the manufacturing use. The petitioner must comply with all state regulations. 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 press will be located in the back of the building, away from the public area.  City of Farmington SUP 22-75 115 W Broadway 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 Downtown. Specialty retail is a recommended use in the Downtown area. 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 0.07 acres, sufficient for the use proposed. 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. The petitioner shall comply with all state requirements for a manufacturer 3 license. The Building Division and the Fire Department will inspect the property prior to the beginning of the manufacturing process. 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  City of Farmington SUP 22-75 115 W Broadway The manufacturing process using electric hot plates to extract resin from cannabis flowers does not seem to create an impact greater than a typical restaurant kitchen. Several of the Vertically Integrated Cannabis Facilities approved for locations in the GC: General Commercial and Industrial Districts are using the same type of process to extract rosin. Staff concludes approval of Petition SUP 22-75 to allow for manufacturing of cannabis rosin at 115 W Main Street 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 22-75, a request from Gregory Hill, owner of the alChemist, for manufacturing of cannabis product at 15 W Main, with the following stipulations: 1. Proof of receipt of the required State of New Mexico manufacturing 3 license shall be required. 2. A building/fire inspection shall be required. 3. A building permit shall be required for any remodeling.  City of Farmington SUP 22-75 115 W Broadway PLANNING MEMO COMMENTS SUMMARY SUP 22-75 DEADLINE: September 6, 2022 City of Farmington Departments CW Planning Manager – B. Escobar CW Addressing – Planning Division CW Chief Building Official – D. Childers See Comment Below: 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 See Comment Below: ELEC T&D – Field Op – L. Lugenbeel FIRE Fire Captain – K. Rix FIRE Fire Marshall – B. Vega See Comment Below: LEGAL City Attorney – J. Breakell LEGAL Deputy City Attorney – R. Frost POLICE Code Compliance – M. Romero No Comment POLICE Sergeant – J. Jensen PRCA Parks - R. Crosby PRCA ORII – W. Unsicker CW City Engineer – I. BlueEyes CW Engineering – T. Sitta No Comment CW Streets Superintendent – C. Fuller CW Traffic Engineer – M. Hathcock CW Water/Waste Water – D. Dalton See Comment Below: 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 – Philip Johnson See Comment Below: Surface Land Negotiator for BP – M. Venzara Farmington School District – C. Lyons COMMENTS AND RECOMMENDATIONS: JACOBS CH2MHILL OMI – Philip Johnson:  City of Farmington SUP 22-75 115 W Broadway What waste byproduct will be the result of this process? What, if any, waste will need to be disposed of in sanitary sewer? What manufacturing processes are using this technology and can the waste stream be identified through them? CW – Chief Building Official – D. Childers: I will need specifications on the press to determine any code requirements before a building permit can be issued. Elec - Electrical Engineering – Robert Ga: "No Issues" on this request. As stated, this application is for simple repackaging only. Should there be a significant electric load; service upgrade application to FEUS shall be submitted. Fire – Fire Marshall – B. Vega: We will need all the information regarding the non-solvent process, before commenting. CW – Water/Wastewater – D. Dalton: If approved, the manufacturing might require a larger water meter due to demand if they so choose. City of Farmington SUP 22-75 115 W Broadway City of Farmington SUP 22-75 115 W Broadway  City of Farmington SUP 22-75 115 W Broadway Notification sent to properties within 100 feet NAME1 ADDRESS CITYSTATEZIP BRANNEN RICHMOND SCOTT AND MCPEEK BRANNE 510 GLADE RD FARMINGTON, NM 87401 BROWN`S SHOE FIT COMPANY 111 N SYCAMORE ST SHENANDOAH, IA 51601 CATHOLIC CHARITIES OF GALLUP 119 W BROADWAY FARMINGTON, NM 87401 5200 VILLA VIEW DR APT DAVIS ANNIE CHARLENE TRUST 10A FARMINGTON, NM 874028254 ELSSBURY KAREN K AND HAZEN PATRICK E 306 N LOMA LINDA AVE FARMINGTON, NM 87401 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 FARMINGTON INVESTMENT CO PO BOX 958 FARMINGTON, NM 87499 FIRST CHURCH OF CHRIST SCIENTIST 713 N DUSTIN AVE FARMINGTON, NM 874016101 MARTIN PAUL F AND MARIE TRUST 606 E DIAMOND ST FARMINGTON, NM 87401 MERRION MICHAEL K TRUST 12441 E DESERT VISTA DR SCOTTSDALE, AZ 85255 RC AND TG PROPERTIES LLC 101 W BROADWAY FARMINGTON, NM 87401 SHANMON HOLDINGS LLC 2306 E BLANCO BLVD BLOOMFIELD, NM 87413 TGH TRUST 117 W MAIN ST FARMINGTON, NM 874010000 WISNER FAMILY INVESTMENTS LLLP 2 STUART PL DURANGO, CO 81301