Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive October 13, 2022 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the September 29, 2022 P&Z Meeting 4 PRESENTATION – Hank Adair, FEUS Director, regarding the state of energy in Farmington and the San Juan Power Plant 5 PETITION NO. SUP 22-77 – A request for a Special Use Permit to allow for cannabis cultivation at 4550 Lomas Street. 6 Business From Floor: Chairman: Members: Staff: 7 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 September 29, 2022 The Planning & Zoning Commission met in a regular session on September 29, 2022 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. P&Z Members Present: Chair Joyce Cardon Gary Hanson Cody Waldroup Ryan Brown Shay Davis Clete Berens P&Z Members Absent: Vice Chair Clint Freeman Cheryl Ragsdale Staff Present: Beth Escobar Mike Safrany Colby Gibson Tami Spencer Others Who Addressed the Commission: Mike Hamilton Gayla McCullouch Carlos Garcia Dolcie Crawford Gregory Hill 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 A motion was made by Commissioner Davis and seconded by Commissioner Waldroup to approve the agenda of the September 29, 2022 Planning & Zoning Commission meeting. This motion passed unanimously by a 6-0 vote. 1 Approval of the Minutes A motion was made by Commissioner Brown and seconded by Commissioner Waldroup to approve the minutes of the September 15, 2022 Planning & Zoning Commission meeting. This motion passed unanimously by a 6-0 vote. Swearing of Witnesses Tami Spencer, Administrative Assistant swore in all parties that wished to speak. PETITION NO. PP 22-66- Discussion & possible action regarding 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 Senior Planner Mike Safrany presented the following: • Applicant: Mike Hamilton, Mesa View Development • Representative: Paul Martin, Sakura Engineering • Location: Parcel located at the eastern terminus of Wildflower Mesa Dr. City of Farmington • Existing Zoning: MF-M – Multi-Family Medium • Replat of block 4 of Mesa Vista #8 recorded 9/30/21 Process • The applicant is requesting Preliminary Plan approval per Section 8.8.9.D of the Unified Development Code • The Preliminary Plan review provides for identification of any issues and determination of compliance with all regulations • The Planning & Zoning Commissions is being asked to make a recommendation • Council provides final approval of a Preliminary Plan • The Final Plat may then be submitted 2  Background • 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. • Phases 1-7 of the Mesa Vista Subdivision are almost completely built out. • Mesa Vista No. 8 is a 78 lot subdivision. • The replat involves the section of the approved subdivision between Lily and Rosita Streets. Developer Obligations • Construct extension of Wildflower Mesa Drive to Andrea Drive 3  Proposed Changes • The Replat as submitted will: • Reduce number of lots from 28 to 26 • Increase lot sizes from 7,330/8,331 to 7,609/12,290 • Eliminate Rosita Street • Add four cul-de-sac roads Replacing 100 feet of pavement with 80 feet of pavement-additional infrastructure costs –water valves at cul-de-sac terminals Staff Comments • Per Section 6.4.4(A) of the Uniform Development Code, a block length shall be at least 400 feet and not exceed 1,200 feet in single family residential areas. • Block lengths along Lily Street range from 123 to 188 feet in length • Show NVAE (Non-Vehicular Access Easement) 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. • Show utility easement on cul-de-sacs • Update Plat Notes to correlate correctly with current revisions. 4  • The previous design showed Rosita Street running north and south, which acted as a buffer between residences and the Detention Center. Please explain why this concept was abandoned for the multiple cul-de-sacs along Lily St. with no buffer between properties. Engineering Comments • An updated drainage report is required to recalculate drainage from the new street layout. • A storm water inlet shall be installed at the end of each cul-de-sac. • Include a COF benchmark elevation with northing and easting on one corner of the surveyed lot. • Double check the lots for distances and bearings – some are missing. • 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. • For cul-de-sacs, storm water shall be subsurface. An inlet should be installed at the end of each cul-de-sac. Reviews and comments • Standard review agencies have commented on the plat. • Many comments have not yet been addressed. • Discussion regarding drainage ongoing. • Extensive comments related to construction plans. • Redline sent to engineer on August 18 • Follow up email on August 31 Conclusion 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. Conditions of Approval 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, redline letters and emails. 2. A Subdivision Improvements Agreement enumerating the developer’s responsibilities will be recorded with the final plat. 5  3. A revised drainage report shall be submitted prior to Council review. 4. A revised subdivision agreement must be submitted prior to Final Plat approval. Discussion Commissioner Davis questioned with the lots getting larger from east to west from the first plat to the second plat, would that increase the block length? He asked how the block length is measured. Senior Planner Safrany replied the lots did increase east to west, but they decreased north to south. Commissioner Hanson asked what the purpose is for the minimum block length. Planning Manager Escobar replied that typically, you are looking at blocks for addressing; a good block length is 400-500 feet. The block length will affect addressing, emergency services and postal deliveries. Ms. Escobar noted the block length is also a design principal and that length is what is in the Unified Development Code (UDC). Commissioner Waldroup inquired why the added buffer is an issue? Senior Planner Safrany replied it is to keep anyone climbing the Detention Center fence and ending up in someone’s private yard, which is why it is preferred to have a public street as a buffer. Petitioner Mike Hamilton, 6220 Old Course Dr., Farmington NM stated he is looking at the whole street as a block, not each cul-de-sac. He also stated the legal description describes it as Block 4, and he does not feel the legal description would be calling different blocks all Block 4. The City is calling each cul-de-sac a block and the definitions he found define a block as surrounded by four streets. Mr. Hamilton handed out the documentation supporting his definitions. (See documentation below 6 He also explained that he was having the replat done because the cost of materials has gone up exponentially and he added the cul-de-sacs to add more homes to help offset some of the rising costs. Chair Cardon asked Mr. Hamilton if he feels that the buffer zone from the Detentions Center fence to the homes is enough to protect the residents who will be living there. Mr. Hamilton explained that San Juan County has put up a chain link fence with razor wire and it would be about 25-35 feet from the property line. He added as those houses are built, they would be putting up a six- foot fence between the houses and the existing chain link fence. Chair Cardon asked about Wildflower Mesa Rd. Mr. Hamilton stated that the City is requiring him to put the extension through to Andrea Dr. to ease the traffic access to the area. Commissioner Brown asked about his reasoning for the redesign was it for cost savings. Mr. Hamilton replied that was one of the reasons, the other reason was by doing this design he feels he can make most of the cul-de-sacs storm water drain into the existing draining structures. With this new layout, he will save on the sewage, underground electrical and gas lines costs. 7  Commission Discussion Commissioner Waldroup asked if the six-foot fence and the Detention Center chain link fence would be enough of a buffer. Planning Manager Escobar stated she does not see the rational in eliminating Rosita St. The rest of Mesa Vista Subdivision is a north south grid, she feels without a drainage study, and with the additional infrastructure needed to go into the cul-de-sacs, he will not be saving money with this design. The cul-de-sacs are going to require more infrastructure at the end because they are the termination of a storm water inlet. The storm water will need to be directed somewhere, and it cannot be directed onto the San Juan County property. Ms. Escobar also noted that there are more concerns. This is the Juvenile Detention Center and it is more than just people climbing over the fence, something can be thrown over the fence into someone’s yard. There is also potential for noise, because we cannot control what happens on the San Juan County property, they are exempt from our zoning. Commissioner Waldroup pointed out that they will not know until it is built if there were any problems, and the street will not stop the noise. Ms. Escobar noted that a street would allow PD and emergency access if something were occurring; it is harder to into someone’s back yard. She also stated the missing information not presented with the required engineering may answer those questions. We have not received updated drainage plans with this new plat. Plans refer to the existing drainage study. It has to have changed because a road was removed. Planning Manager Escobar wanted to note that if we had received a response to the engineering review questions, and that had been submitted so we could review it and it would work, Staff would recommend approval. As it is now, it is not a complete application. Commissioner Hanson asked if in the Addressing Ordinance, is there a provision for a variance to be applied for? Ms. Escobar replied that there was not. If we had the important information on the engineering of the subdivision we would bring forward this application with a request to waive that block legnth. Commissioner Waldroup wanted to know if it would be best to table this petition instead of a recommendation for denial. Planning Manager Escobar responded that we had had problems with the particular engineering firm not getting us the information needed, but there are other enginering firms in town that could assist Mr. Hamilton. We could do conference calls with Mr. Hamilton and his engineer to get the information we need. Commissioner Berens agrees with tabeling this petition until Mr. Hamilton can get the information needed to proceed. With no further discussion, Chair Cardon called for a motion. A motion was made by Commissioner Waldroup and seconded by Commissioner Berens to table PP 22-66 until Mr. Hamilton is able to get the information needed to proceed. AYE: Chair Cardon, Commissioner Hanson, Commissioner Waldroup, Commissioner Brown and Commissioner Davis NAY: Commissioner Hanson Abstained: None Absent: Vice Chair Freeman and Commissioner Ragsdale 8 Chair Cardon polled Commissioner Hanson regarding his nay vote: Commissioner Hanson voted nay because the petition is not in complete compliance. This has been tabeled from a previous meeting and he feels the petitioner needs to get the information ready for a full review. If he cannot get the information needed, Commissioner Hanson would be in favor of recommending a denial. Motion Passed 5-1 PETITION NO. SUP 22-61- Discussion & possible action is requesting the Special Use Permit for a cemetery in a residential zoning district. Associate Planner Colby Gibson presented the following: Petition • Applicant: Greenlawn Cemetery Association • Representative: Gayla McCulloch • Location: 1300 Amsden Dr. (SW Corner of Dustin Ave and Amsden Dr) • Existing Zoning: SF-A: Single Family Attached • Land Use: Vacant Lot • Request: SUP to allow a cemetery in a residential zoned area (SF-A). 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 SF-A zoning district. • The Greenlawn Cemetery Association is looking to expand their existing property across the street (1606 Dustin Ave) and is looking to purchase the subject property if the SUP is approved. Project Proposal • (685) 4’x10’ burial plots, (104) 3’x3’ cremated remain burial plots • Shade pavilion located in the middle of the property. • Tiered retaining walls along East Boyd Dr and N Dustin Ave to take up steep grade • 12 columbaria walls built into the retaining walls, each housing 50 niches (600 niches total). Phased build. • A 20-ft storage building with screened fenced storage. • One cross walk, Amsden Dr. to overflow parking. • Landscaping: • Turf • Trees • Shrubs • Perimeter and interior sidewalks. • Parking: • Off street parking to the north of site, providing 24 parking spaces and 2 Accessible spaces. 9 • 20’ alleyway to west of site. Used as access to 12 parking spaces and 2 Accessible spaces and funeral vehicle drop-off and staging. (40 parking spaces provided on site). • 6’ ornamental perimeter fence with access gates at key locations. • Grass water quality bio swale along all four sides of interior sidewalks (drainage feature). 10 11  Schedule B Parking • Anticipated use of site and parking needs: Used historic average attendance of the existing Greenlawn Cemetery. • Average: 10 attendees • Maximum: 30 attendees • Project proposal: 12  • Total of 40 parking spaces • West: 12 standard + 2 ADA/Van • North: 24 standard + 2 ADA/Van • Approved by Community Works Director. Expected Water Consumption • Irrigation water calculations for the site: 45,377 sf turf grass = 1.04 acres 1.04 acre turf x 1.5” water/week = 1.56” / week 24,228 sf shrub beds = .55 acres X 50% coverage of live plant material = .27 acres .27 acre shrubs x 1’ water/week = .27” / week 1.56” + .27” = 1.83” / week x 28 weeks (April thru Oct) = 51” x .0833 = 4.25 acre feet of water needed per season. • Will negotiate water agreement as a condition of SUP approval. 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. 13  • 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. 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: standards for cemeteries: • Minimum lot area: 20-acres. This requirement would need to be waived as part of the SUP. Existing cemetery = approximately 10-acres. • Minimum setback, buildings (all sides): 30 feet. No buildings are proposed. The storage shed conforms with setback requirements for an accessory building. • 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. • 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. Conforms to UDC. • There shall be adequate provisions for perpetual care. Similar in nature to existing cemetery. SUP Criteria- Section 8.9.4 of the UDC: • Effect on environment: Use of retaining walls for grade. Bio swales considered green drainage infrastructure. • Compatible with surrounding area: Compatible scale, height, landscaping, density. Similar in nature to existing cemetery. Use of landscape buffer. • Minimizing external impacts: Six-foot ornamental perimeter fence with buffer to minimize any external impacts. • Minimizing infrastructure impacts: Adequate parking proposed for the use. Installation of sidewalks. Water right agreement with City as condition of approvel. EPA WaterSense irrigation best practice as condition of approval. • Consistent with the UDC and Comprehensive Plan: Meets UDC standards for cemetery, consistent with the Comprehensive Plan. Public Notice • 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. City of Farmington Department Comments • CW - Planning Manager – B. Escobar: Please request a landscape list for review. Would suggest incorporation of non-deciduous trees to provide yearlong shade. Parking requirements will fall under Schedule B – Please request a narrative of parking needs from the applicant. Will funerals be conducted on site? • Legal - Deputy City Attorney – R. Frost: 14 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. • 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. • CW – Water/Wastewater – D. Dalton: I brought it up in the DRC meeting that the sewer line and MH within the property will need to be abandoned. The raw water agreement is up to Sypher and Sova. Will they need any potable water? Staff Conclusion • Staff concludes the approval of Petition SUP 22-61 a request for a Special Use Permit to allow a cemetery in the SF-A zoning district. 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 water rights agreement between Greenlawn Cemetery and the City of Farmington 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’. Discussion Commissioner Davis asked Staff about conidiion #4, if this is city standard that this is based on. Planning Manager Escobar replied that last year it was adopted change in the Unified Development Code (UDC) to incorporate the EPA best water practices for any new development. Petitioner Comments Petitioner Gayla McCulloch 2651 Farmington Ave., Farmington NM. Ms McCulloch let the Commissioner know they are prepared to meet the conditions if this petition is recommended for approval. Planning Manager Escobar asked Ms. McCulloch to talk about on of the complaints received regading this petition. Ms. McCulloch explained each caskets would be sealed into a concrete vault before it is placed in the ground. 15  Public Comment – Affected Parties Carlos Garcia, 1304 N. Orchard Ave., Farmington NM – Mr. Garcia stated he is worried about the ground water contamination since he has a water well on his property. He is also concerned about the long term financial commitment, and what would happen if they fell on financial hardships, would they file for bankruptcy. Then who would take of the cemetery. Amy Garcia, 1304 N. Orchard Ave., Farmington NM – Ms. Garcia asked if there is any data regarding ground water contamination when a cemetery is close to residental areas. She was also worried about her childrens anxiety and fear living so close to a cemetery. Ms. Mculloch explained they are a non-profit organization and have over $2 million dollars in an account that they operate off of. It is a fund so they can operate the cemetery into perpitutity. The board has taken care to see that these funds are well protected and invested. Commissioner Brown asked if the lots are sold out if the maintenance would continue. Ms. McCulloch repled yes it would. They have full time employees year round, and more part-time help throughout the summer. Commissioner Brown also asked if there is standard operting procedures for a cemetery. Ms. McCulloch replied after looking at state statutes and has found very little guidelines pertaining to the operation of a cemetery. Plannining Manager Escobar added after doing some research that the State of New Mexico has no requirements for burials, each cemetery and funeral home has addopted best practices and the vault is specially designed to prevent leakage. Ms. McCulloch wanted to add she ownes property next to Memory Gardens that has a water well, and she has never had any issues. Associate Planner Gibson added there are other cemeteries next to residential and commercial areas throughout the state. Public Comment – Interested Parties Dolcie Crawford, 49 Rd. 5387, Farmington NM – Ms. Crawford wanted to voice her concern about water contamination and wanted to know if there is a guarantee that there will be no leakage. Assoicate Planner Gibson stated he has no information on any guarantee. Commissioner Discussion Commissioner Waldroup wanted to know how the Garcia’s felt after hearing Ms. McCulloch’s response regarding water leakage. Ms. Garcia is still worried about the water leakage and who will take care of the cemetery if something should happen. Commissioner Brown asked Ms. McCullouch if she was aware of any environmental hazards associated with a cemetery. Ms. McCulloch stated that she was not. The same practices will be the same as Greenlawn Cemetery which is across the street from the proposed location. Commissioner Davis asked how they planned to fund the construction of this cemetery. Ms. McCulloch stated the funding would come from the sale of the burial plots, and those funds will go into the investment account. With no further discussion, Chair Cardon called for a motion. A motion was made by Commissioner Brown and seconded by Commissioner Hanson to approve SUP 22-61 as presented by staff. 16 AYE: Chair Cardon, Commissioner Hanson, Commissioner Waldroup, Commissioner Brown, Commissioner Davis and Commissioner Hanson NAY: None Abstained: None Absent: Vice Chair Freeman and Commissioner Ragsdale Motion Passed 6-0 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 St. Petition • Applicant: The alChemist • Representative: Gregory Hill, business owner and tenant • Location: 115 W Main • Existing Zoning: CB: Central Business • Request: SUP to allow for manufacturing of a cannabis product • Retail sales, a permitted use, has been conducted on site since July 1, 2022 Subject Property 17  Aerial View Proposed Use Section 2.7.2 Similar Uses • 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: 18  • Proposal does not substantially alter existing operations • Activity is directly connected to existing retail sales • No greater impact greater than a typical restaurant kitchen. • Through state licensing requirements and City code requirements, no negative impact should occur. SUPs • The purpose of a Special Use Permit is to allow for discretionary approval of uses with unique operating characteristics. • Per Ordinance No. 2021-1329, adopted by City Council on October 12, 2021, retail sales of adult cannabis are permitted by right in the Industrial Zoning District. • The manufacturing, production and cultivation of cannabis in the General Commercial Zoning District requires a Special Use Permit. UDC 8.9. A. Special Use Permits: • Special use permit approvals attach to the property and are transferable to subsequent owners. • If this SUP was approved, it could transfer to another owner, carrier or tenant. Staff Analysis • An cannabis cultivation facility seems appropriate for this location. Surrounding uses are a mix of commercial and industrial. • Staff will work with the business owner to provide the State required letter of water adequacy. The applicant will work with Jacobs, the City’s wastewater contractor, to ensure no damage occurs to the wastewater system. • Consistent with the 2040 Future Land Use designation of Industrial. Public Notice • Letters were sent to 16 surrounding property owners. At the time of this report no public input has been received. Staff Recommendation The Community Works Department recommends approval of Petition SUP 22-75, 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. 19  Discussion Chair Cardon asked when will the alChemist be able to start using the rosin press? Planning Manger Escobar stated with the state issued manufacturing pre license and if this petition is approved by the City Council, the next step would be to schedule the building and fire inspection. Commissioner Waldroup asked about the disposal of any waste byproduct. Planning Manager Escobar stated that is not something we have the capacity to monitor, but they will have to meet the state regulations and pass state inspections. Commissioner Brown asked Planning Manager Escobar with the approval of this SUP, would that open the door for other types of manufacturing. Planning Manager Escobar answered that the last license level with the state is a Class 5 which allows for extraction using solvents or super critical CO2. They could not do that without coming back for review. Petitioner Comments Gregory Hill, 115 W. Main St. Farmington NM answered Commissioner Waldroup question regarding the disposal of the waste byproduct. He explained the process of the rosin press and that the cleanup is done with regular soap and water. The leftover flower (biomass) with be held for 72 hours, which is a state requirement, then it will donate it for composting. Commissioner Brown asked if this is approved could someone else come and use a process that uses the volatile solvents. Planning Manager Escobar replied no, this SUP is for a manufacturing license 3 which does not allow the use of solvents. If they wanted to use flammable solvents, they would have to get a Class 4 license through the state and get an amendment to the SUP. With no further discussion, Chair Cardon called for a motion. A motion was made by Commissioner Waldroup and seconded by Commissioner Hanson to approve SUP 22-75 as presented by staff. AYE: Chair Cardon, Commissioner Hanson, Commissioner Waldroup, Commissioner Brown, Commissioner Davis and Commissioner Hanson NAY: None Abstained: None Absent: Vice Chair Freeman and Commissioner Ragsdale Motion Passed 6-0 Business from the Floor: There was no business from the floor. Business from the Chair: There was no business from the Chair. 20 Business from the Members: There was no business from Members Business from Staff: Planning Manager Escobar informed the Commission that Commissioner Smouse has resigned from his position on the Commission. She added the City Council adopted your recommendations for the zone change at 1116 Smith Ln. and the SUP for outdoor display. Adjournment: With no further business, a motion to adjourn was made by Commissioner Waldroup and seconded by Commissioner Davis. The motion carried unanimously 6-0 and the meeting was adjourned at 4:47 p.m. _______________________________ _________________________________ Joyce Cardon Tami Spencer Chair Administrative Assistant 21  COMMUNITY WORKS PETITION REPORT Petition SUP 22-77 – Lotus Elite 4550 Lomas St Cannabis Cultivation STAFF REPORT, October 13, 2022 PROJECT INFORMATION Applicant Lotus Elite Representative Brenda & Anthony Pearson Date of Application September 7, 2022 Requested Action Approval of a special use permit to allow for cannabis cultivation on site. Location 4550 Lomas St Existing Land Use Vacant Existing Zoning IND: Industrial Surrounding Zoning & Land North: IND: Industrial: Oil & Gas Use South: IND: Industrial East: IND: Self storage facility West: SF-7: Single family residential, Four Seasons Estates Notice Requirements Publication of Notice: September 14, 2022, Farmington Daily Times Property owners letter: September 26, 2022 Sign posted: October 3, 2022 Staff Planner Beth Escobar, Planning Manager STAFF ANALYSIS Background The applicant is requesting a Special Use Permit (SUP) to allow for indoor cultivation of cannabis at 4550 Lomas Street. The petitioner has the property in escrow contingent upon approval of the SUP. The 1.37 acre parcel is currently vacant. The petitioner is proposing to place a 3,000 square-foot building on the property. 22  City of Farmington SUP 22-77 4550 Lomas Street Zoning 23  City of Farmington SUP 22-77 4550 Lomas Street Aerial Map 24  City of Farmington SUP 22-77 4550 Lomas Street Unified Development Code (UDC) 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. Placement of a cannabis facility at this location should not be injurious to the surrounding neighborhood. B. Compatible with surrounding area: The proposed site plan, circulation plan, and schematic architectural designs shall be harmonious with the character of the surrounding area with relationship to scale, height, landscaping and screening and density. If the SUP is granted, the petitioner shall be required to receive site plan approval. The 1.37- acre parcel can easily accommodate the proposal to set a 3,000 square foot building along with required parking and vehicular circulation. 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 facility shall comply with industry and state requirements for noise and fumes. Vento Avenue provides a 50-foot buffer between the subject property and the rear yards of the residential homes to the west. No retail sales are proposed at the facility so traffic in and out of the property should be limited. 25  City of Farmington SUP 22-77 4550 Lomas Street D. Consistent with the UDC and Comprehensive Plan: The proposed use will be consistent with purposes of this UDC, the Comprehensive Plan, and any other statutes, ordinances or policies that may be applicable, and will support rather than interfere with the uses otherwise permitted in the zone in which it is located. The 2040 Future Land Use Plan designates this corner as Industrial. S E. Parcel size: The proposed use may be required to have additional land area, in excess of the minimum lot area otherwise required by the underlying zoning district, as necessary to ensure adequate mitigation of impacts on surrounding land uses and the zoning district. The subject property is 1.37 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. This will be done as part of the building permit process. PUBLIC INPUT Letters were sent to 14 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 seems to be an appropriate location for a cannabis cultivation facility. If the SUP is granted, staff will work with the applicant to locate the building with appropriate buffering from the residential homes across the street. 26  City of Farmington SUP 22-77 4550 Lomas Street Staff concludes approval of Petition SUP 22-77 to allow for cultivation of cannabis at 4550 Lomas 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 22-77, a request from Brenda and Anthony Pearson of Lotus Elite for a cannabis cultivation facility at 4550 Loma in the IND: Industrial zoning district with the following stipulations: 1. Site plan approval for the new building shall be required. 2. A building permit shall be required. 27  City of Farmington SUP 22-77 4550 Lomas Street PLANNING MEMO COMMENTS SUMMARY SUP 22-77 DEADLINE: September 16, 2022 City of Farmington Departments CW Planning Manager – B. Escobar CW Addressing – Planning Division CW Any building renovations including electrical, plumbing and mechanical will Chief Building Official – D. Childers be required to be permitted. CW Long Range Planner CW MPO – P. Koeppel CW Oil & Gas Inspector CITY City Manager’s Office – J. Baird ELEC Customer Care Manager – L. Richardson ELEC I have "No Issues" on this cannabis request. Application for New Electric Electrical Engineering –Roberto Ga Service should the cultivation permit be approved. ELEC T&D – Field Op – L. Lugenbeel FIRE Fire Captain – K. Rix FIRE Building on this lot will most likely require a hydrant, and we would need the Fire Marshall – B. Vega site plan and building size to verify the needed fire flow. LEGAL City Attorney – J. Breakell LEGAL Deputy City Attorney – R. Frost No Comment 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 CW If approved, would need to pay for the Water/Waste Water – D. Dalton installation of a water meter. Size will be up to their choosing 28  City of Farmington SUP 22-77 4550 Lomas Street 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 No Comment Surface Land Negotiator for BP – M. Venzara Farmington School District – C. Lyons 29  City of Farmington SUP 22-77 4550 Lomas Street 30  City of Farmington SUP 22-77 4550 Lomas Street 31  City of Farmington SUP 22-77 4550 Lomas Street Notification sent to properties within 100 feet NAME1 ADDRESS CITYSTATEZIP BEGAY EDISON A PO BOX 6233 GALLUP, NM 87305 FARMINGTON, NM BLUEEYES FABIAN 1224 WINTER PARK 874010000 CURLEY DUSTIN AND VERONICA 1216 WINTER PARK FARMINGTON, NM 87401 DARWIN DONOVAN AND VALERIE 1300 WINTER PARK CT FARMINGTON, NM 87401 DIMMICK FAMILY PARTNERS 3591 NYLAND WAY LAFAYETTE, CO 80026 FARMINGTON, NM DUGAN PRODUCTION CORP PO BOX 420 874990420 FARMINGTON, NM 87401- FARMINGTON CONSTRUCTION INC 1030 WALNUT DR 3857 FLACK MATTHEW AND REBECCA 726 W ANIMAS ST FARMINGTON, NM 87401 HARPER HILL RV AND SELF STORAGE 5151 E BROADWAY STE LLC 1600 TUCSON, AZ 85711 HAYES SEAN S AND DENISE L 1208 WINTER PARK FARMINGTON, NM 87401 FARMINGTON, NM 87401- HEWEY TERRY AND CHARITY 1200 WINTER PARK 0000 JERRIS GROUP LLP 1115 W CLARINDA ST MERIDIAN, ID 83642 MADRID KRISTAL ROSE 1304 WINTER PARK CT FARMINGTON, NM 87401 PATEL JAYESH V AND MINAL J 3605 OASIS SPRINGS RD NE RIO RANCHO, NM 87144 32