Planning & Zoning

Please refer to the March 16, 2023 Planning & Zoning meeting Agenda Book for information on items 5, 6 & 7. Please let me know of you have any questions. Thank you, Tami Spencer 505-599-1301  AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive March 30, 2023 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Annual Election of Chair and Vice Chair 4 Approval of the Minutes of the February 16, 2023 P&Z Meeting 5 Petition No. PP 22-66 – A request from Mike Hamilton, represented by Scott Martin, Sakura Engineering, for a Preliminary Plan approval of Mesa Vista No. 8, Replat A, a 26-lot subdivision located in the City of Farmington’s Tier I Planning & Platting Jurisdiction. Postponed from the March 16, 2023 P&Z meeting. Presented by Senior Planner Safrany 6 Petition No. FP 23-04 – A request for Final Plat approval of Windsor Heights Subdivision Number 12, an 18-lot subdivision on two parcels totaling 6.32 acres. Parcel #’s R4005962 & R4003620. Postponed from the March 16, 2023 P&Z meeting. Presented by Planning Manager Escobar 7 Petition No. ZC 23-11 – A request for a ZC: Zone Change from Multi-Family Low Density (MF-L) to Multi Family Medium Density (MF-M). Located at 1041 Schofield Ln. Farmington, NM 87401 Parcel # R0031233. Postponed from the March 16, 2023 P&Z meeting. Presented by Long Range Planner Gibson 8 Petition No. MS 22-82 – A request from Mike Smith, petitioner and property owner, for a waiver to Sections 6.5.3, 6.4.14 and 8.8.6 of the subdivision regulations of the City of Farmington for a minor subdivision located at Road 3451, Flora Vista R4002417. This property is in Tier II of the City's Planning and Platting Jurisdiction. Presented by Planning Manager Escobar 9 Petition No. SUP 23-14 – A request for a Special Use Permit (SUP) to allow for a drive-thru window in an LNC, Local Neighborhood Commercial Zoning District. The business will be walk up and drive-thru service only. Located at 505 E. 20th St. Presented by Senior Planner Safrany 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.  A G E N D A CONTINUED 10 Petition No. CV 23-15 – A request to waive the 300-foot distance requirement from two religious institutions for a potential cannabis retail facility located at 419 W. Main St. Presented by Planning Manager Escobar 11 Business From Floor: Chairman: Members: Staff: 12 Adjournment Petition items on this agenda will be scheduled for the next City Council meeting – April 11, 2023 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 February 16, 2023 The Planning & Zoning Commission met in a regular session on February 16, 2023 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. P&Z Members Present: Vice Chair Clint Freeman Gary Hanson Ryan Brown Cody Waldroup Clete Berens P&Z Members Absent: Chair Joyce Cardon Cheryl Ragsdale Shay Davis Staff Present: Beth Escobar Colby Gibson Joaquin Gonzalez Tami Spencer Others Who Addressed the Commission Tammy Tipton Josh Hawkins Gregory Schumacher Ronnie Cook Bruce Delventhal Call to Order Vice Chair Freeman 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 Waldroup and seconded by Commissioner Berens to approve the agenda, with No. 3, the Annual election of Chair and Vice Chair being moved to the March 16, 2023 meeting. No. 7, Petition SUP 23-03 being withdrawn from the Agenda, No. 6, SUP 23-02 being heard before No. 5, the presentation of the Housing Snapshot Plan. And No. 8 Discussion/Possible Action for the UDC proposed changes being removed, of the February 16, 2023 Planning & Zoning Commission meeting. This motion passed unanimously by a 5-0 vote. Approval of the Minutes A motion was made by Commissioner Berens and seconded by Commissioner Brown to approve the minutes of the January 26, 2023 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. 1 PETITION NO. SUP 23-02 – A request for a Special Use Permit to allow for cannabis cultivation and manufacturing at 620 Dekalb Road. Planning Manager Escobar presented the following: Petition • Applicant: Tammy Tipton & Jerry Edgar • Location: 620 Dekalb Road • Zoning GC: General Commercial • Requesting approval of a Special Use Permit for cultivation and manufacturing of cannabis • Retail sales of adult use cannabis is a permitted use in GC • Parcel Size: 0.48 acres • Current use: Existing 4069 square foot office building and 4500 square foot garage – currently vacant Zoning 2  Aerial Map Long Range View 3 Cannabis facilities in Farmington Street View 4  Side Street View Comp Plan Compliance • The 2040 Future Land Use Plan designates area as Commercial Mixed Use. • The Commercial Mixed Use category is intended to host a variety of retail and services. The proposed cannabis cultivation and manufacturing use fits in this category. 5  Public Input • This petition has been properly noticed. Letters were sent to 6 surrounding property owners. • At the time of this report, no input has been received. Notifications NAME1 ADDRESS CITYSTATEZIP ARMSTRONG ED G AND MARGARET C 1910 RUSTIC PL FARMINGTON, NM 87401 B AND I INVESTMENTS LLC PO BOX 1972 FARMINGTON, NM 87499 BIG A PROPERTIES LLC 634 W APACHE ST FARMINGTON, NM 87401 BULLER MATTIE TRUST 2103 SOUTHSIDE RIVER RD FARMINGTON, NM 874017884 HARD FOUR INVESTMENTS LLC 601 DEKALB RD FARMINGTON, NM 87401 SCHUMACHER GREGORY AND ROBIN ET AL 610 DEKALB AVE FARMINGTON, NM 87401 SUP Criteria • Placement of a cannabis facility at this location should not be injurious to the surrounding neighborhood. Surrounding uses are commercial. The majority of surrounding businesses are related to the energy and construction industries. • Parking on the site is adequate with two delineated ADA van accessible parking spaces • The existing building is in good shape and harmonious with the character of the surrounding area. There is existing landscaping in the front area. • The proposed facility shall comply with industry and state requirements for noise and fumes. • The 2040 Future Land Use Plan designates this area as Commercial Mixed Use. The proposed use is in conformance with this designation. Staff Recommendation • The Community Works Department recommends approval of Petition SUP 23-02, a request from Jerry Edgar and Tammy Tipton of High Society Greenery, LLC, for a cannabis cultivation and manufacturing facility at 620 Dekalb in the GC: General Commercial zoning district with the following stipulations: 1. State license shall be obtained. 2. A building division/fire division inspection shall be required. 3. A business registration shall be required. 4. A building permit shall be required for any interior modifications. 5. A fire suppression system and upgrade to the water line may be required. Discussion The Commission asked Staff: 1. Do know how long the property has been vacant? 2. Didn’t we approve a cannabis facility close to this location? 6  3. Are there a lot that are not operational? City Staff replied: 1. Staff believes the property has been vacant at least one year. 2. There is one located on Bloomfield Hwy, but they are not within 300 feet of each other. The one located on Bloomfield Hwy is not yet operational, they have a building permit issued and are currently working on interior modifications. 3. There are quite a few that are not operational. The cannabis lab has not progressed, and many of the others are having issues getting building supplies. That may be a few of the reasons for the delays. Petitioner Tammy Tipton, 21 Road 2476, Flora Vista, NM Ms. Tipton stated that the first phase of their business will be cultivation, after they get the plants going they will start the extraction and manufacturing process. After the first extraction process, they will see how many retail stores will purchase their products, then decide if they want to continue with the extraction process. The Commission asked the Petitioner: 1. Will you only be cultivating and processing? Will you have retail sales out of that location? 2. Is this the first time you have had a business like this, and how far are you into the state licensing process? 3. Are you renting the building, or do you own it? 4. What made you pick this location? 5. What it the grow process, the water process and any heat processes? 6. Have you had time to read Staff’s report with the specified conditions? 7. What level of security would you have at this location? 8. Can you explain the extraction process, will you use a heat process? 9. If you only do wholesale, would you be delivering or pick up? How much traffic do you expect? 10. Have you submitted your application with the State? The Commission wanted clarification on what exactly the SUP is for. Planning Manager Escobar explained that if recommended for approval the SUP would allow cultivation and manufacturing. Retail sales is permitted in General Commercial zoning. The Commission also wanted more information on what extracting process the Petitioner will be using. Planning Manager Escobar stated if the Commission moves to recommend approval, you can limit the extraction to the licenses that do not require heat for extraction and we can make that one of the conditions. 7 Petitioner Stated: 1. They will have to see how the market is when that time comes. The want to see how many retail stores are open, if there is an abundance of retail locations, they will probably just continue with the cultivation and manufacturing, but she is about 75% sure they will have retail sales. 2. This is the first time, and we have two professional growers. We are in the process of obtaining state licensing. 3. We are renting, and the owners are present at this meeting. 4. We picked this location because it will be an indoor grow, it is a large building with ventilation, and it fits well with what we want to accomplish. 5. These questions are better answered by one our growers Josh Hawkins. 6. We have read the report and have no issues with the stated conditions, we feel they are very attainable. 7. We will have top notch security with controlled access, and we will have ventilation so there will be virtually no smell coming from the building. 8. The extractor has not been purchased yes, so I’m not sure what process would be using yet, but we will not be using a heat process. 9. We will be doing both pickup and delivery. There would be minimal traffic, we can only harvest so often. 10. We are waiting for the SUP to be approved, then the water usage needs to be approved, after that we can submit our application to the state. Petitioner Josh Hawkins, 5603 Lee Lane, Farmington, NM Mr. Hawkins stated that he is one of the two growers for this operation and he wanted to clarify the extraction process, but the person handling that process was not able to attend this meeting. As far as the growing, we would be doing an organic grow that has a zero runoff method, where this would be no draining or flushing so they don’t have to worry about any waste water going into the city system. This will be a perpetual operation where they can have a consistent cycle and hopefully get harvests more often. We are hoping to compete with the demands for cannabis in the area. The Commission asked Josh Hawkins: 1. Will you be using City water, or would you be importing your own water? 2. How many plants do you anticipate having? 3. Is there a shortage of plants in New Mexico? 4. What will you be using to mitigate the smell? 5. How will you be disposing any waste? Josh Hawkins Stated: 1. We are not too sure about water use yet, but at first we will probably be using City water, and treating it so it will be more beneficial to the plant. Chlorine is not good for the plants. 8  Eventually we want to work up to using reverse osmosis water, which is the cleanest water for plants. 2. We are stating off with a Micro Grow Business License, which will be 200 mature plants at a time. If things are successful we would apply for the larger license, which would fill the building with what we can. We are hoping for 1000 mature plants. 3. He was not sure, but he does know that demand is increasing and some farms are prioritizing quantity over quality. We are hoping to fill the quality niche, which is pure, clean, high quality cannabis for medicinal and recreational use. 4. We will be utilizing as many commercial grade carbon filters as needed to mitigate any smell. Our intake will be fresh air and the exhaust will be going through the carbon filters, which will be replaced as needed to mitigate the smell. 5. The soil we plan to be using is recyclable to an extent. There won’t be much waste other than organic matter. We would most likely be composting, and anything that is potentially hazardous we would take the necessary precautions to dispose of properly, but honestly I don’t think there will be any. Affected Parties Gregory Schumacher, 6303 Ensenada Way, Farmington, NM Mr. Schumacher, property owner, stated this property had been vacant since March of 2022. He was also worried about the smell, because he has other rentals around this property. He went to other grow locations and sat outside to see if there were any smells coming out of those locations, he could not smell anything. After deciding there will not be a smell issue, he does not have a problem leasing this building for the purpose of growing cannabis. The Commission asked Mr. Schumacher: 1. Do you have any concerns for any of your other tenants? Mr. Schumacher Stated: 1. No, he has none. His shop is also located there. He is also a licensed contractor and was going to ask if the new tenants needed any help with any modifications they might be making. Ronnie Cook, 2 Road 5760, Farmington, NM Mr. Cook stated his building is directly behind this building. He operates a business for manufacturing circuit boards. He is concerned about the smell, traffic and what kind of people would be coming around to buy cannabis. He is also worried about any waste that may be thrown out. Mr. Cook is also worried about the children that live in the nearby apartments. Mr. Cook also feels that there are already too many dispensaries, how many does Farmington need. He also brought up the fact that cannabis is illegal on the federal level. 9 He objects to having this located next to his business, he is worried about his property value when he goes to sell some day. He just has many concerns. If he complains about the smell, will something be done? Planning Manager Escobar noted they have not had any smell complaints since April of last year since the first facility opened. She also noted that anyone can complain about the smell and someone would go out and examine the facility. She added there are also state regulations that they cannot dispose of any material that is not inert. Any waste that has the chemical composition that make up cannabis cannot be thrown in the garbage. Most facilities are recycling or composting this kind of waste. Ms. Escobar added she does a monthly check with police and Code Enforcement to see if there have been issues related to any cannabis locations and there has not been any. There has not been issues with loitering, but City Council has been working on a loitering ordinance which will help police enforce any loitering issues. Vice Chair Freeman added that the State has put intense restrictions on the licensees as far as security, smell and other issues. Interested Parties Bruce Delventhal, 1920 Rustic Pl., Farmington, NM Mr. Delventhal and his wife own the property at 1920 Rustic Pl. That property was a big investment for them. When they retire they will try to sell that place. He is worried that if a cannabis facility goes in, it will devalue his property. He was there first, and he owns the property. He is adamant that he does not want this next to his business. Mr. Delventhal added that the water pressure out there is low. So what will they do if they have to fight a fire, and he is also worried about the smell? He also wants to address the apartments that has several children living there. They ride their bikes up and down that road and they are always playing out there. Do you want them playing in the street with the kind of foot traffic this business will attract. It’s just not right. We actually lock our doors because of the transients wondering around and the ladies working here just don’t feel safe. He stated you cannot tell me that you are going to be able to control who is wandering around over there. This just isn’t the right place for that. He added that it is just wrong that the residents of the apartment complex weren’t notified regarding this meeting because they are not in the 100 foot radius of this location. The Commission asked Mr. Delventhal: 1. Do you have any research that shows that this would devalue your property? 2. What do you do in your business? Mr. Delventhal stated: 1. That he does not, but think about it, would you want that in your neighborhood? It does not take a rocket scientist to realize that. 10  2. We produce oil and gas. Discussion The Commission asked Staff: 1. There was a mention of water pressure, will there be an issue with this new business going in? 2. If there was a complaint regarding the odor, how is that handled. Does the State have an Enforcement Division? 3. A business that consistently has problems would be considered a nuisance, is there a nuisance ordinance. 4. If they are delivering, do they need license? 5. If it is not a retail business, do you require signage? City Staff Replied: 1. If the Commission will note, one of the requirements is installation of a fire suppression system. If there is not adequate pressure they will have to upgrade the line, and they would be responsible to pay for a portion of that improvement that delivers to their property. They would have to do whatever it takes to get the pressure up to the fire suppression requirements. 2. The complaint would go to the Code Enforcement Division, they will do a site visit, and they would probably involve the Planning Division. Planning would also go out and check with the neighbors, if it is obnoxious enough, we can revoke the SUP. The State is in the process of forming their Enforcement Response Team, however if we received a complaint that is not addressed, the Planning Division would be in contact with the State to get someone out here to evaluate the situation. 3. Yes, typically the first complaint you get 30 days to address the problem, the second complaint you get 15 days and the third complaint you will be going to court. This can cover a variety of complaint issues. 4. No, we do not require a courier’s license, because we cannot control state highways. 5. Signage for any commercial development is allowed based on street frontage and your wall length, but is not a requirement. Planning Manager Escobar added that if they do retail sales, the customer would come into a lobby area and everything behind the lobby area is locked. If they are only doing cultivation and manufacturing they can keep the front door locked until they are having customers pickup. Commission Discussion Commissioner Waldroup stated, we as a recommending body addressed this initially with how many locations are here in town. How do we start to stand up to that because Council was not going to do it? Commissioner Brown added that this is a permitted use in General Commercial 11 as a retail dispensary. Vice Chair Freeman also added that they are already seeing some of these facilities not making it. So maybe Council was correct, that free market is already taking care of some of them. Commissioner Hanson stated some of what they have heard here is a matter of policy, we can recommend policy, but when it comes to an individual application, our role is to make recommendations based on the policy that has been established for us. Motion A motion was made by Commissioner Hanson and seconded by Commissioner Brown to approve SUP 23-02 as presented by Staff. With Staff recommendations 1-5 plus an additional limitation to the extraction processes that do not utilize heat. The motion carried 4-1. Roll Call Aye Votes Chair Freeman voted aye, because looking at that neighborhood and what is going on around it, he does not feel that it would have a negative impact. If he had his preference, it would be a grow facility only and not have retail sales. As a grow facility it is a great spot for that. Commissioner Hanson voted aye, he agrees with Vice Chair Freeman’s comment. Commissioner Berens voted aye, he agrees with Commissioner Hanson’s earlier comment regarding policy that they are bound by. Commissioner Brown voted aye, because they have set precedent where we have already been approving these. It would allow for them to build their business and he feels free market, at some point, will balance it out. Nay Votes Commissioner Waldroup voted nay, he does agree with the other commissioners, but feels like someone needs to stand up for a change that we want to see in our community. He feels City Council made the wrong decision by not putting a limit on the number of cannabis facilities and letting free market control this. 12 City of Farmington 2022 Housing Snapshot Long Range Planner Colby Gibson presented the following: 13 14 15 16 After some discussion between Mr. Gibson and the Commission, the Commission directed staff to make this presentation to the City Council. Vice Chair Freeman called for a motion. 17  Motion A motion was made by Commissioner Waldroup and seconded by Commissioner Hanson to present the City of Farmington 2022 Housing Snapshot to City Council. The motion carried 5-0. 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 the Members. Business from Staff: Planning Manager Escobar informed the Commission that City Council accepted both recommendations for the rezone of the Red Lion and the SUP for the horse property. Ms. Escobar wanted to introduce Joaquin Gonzalez to the Commission. Mr. Gonzalez is our new CDBG Associate Planner. Adjournment: With no further business, a motion to adjourn was made by Commissioner Berens and seconded by Commissioner Waldroup. The motion carried unanimously 5-0 and the meeting was adjourned at 4:47 p.m. _______________________________ _________________________________ Clint Freeman Tami Spencer Vice Chair Administrative Assistant 18  COMMUNITY DEVELOPMENT STAFF REPORT Flora Vista Hillside Estates Subdivision No. 2 Petition No. MS 22-26 Waiver of Subdivision Regulations A. STAFF REPORT, March 30, 2023 PROJECT INFORMATION Applicant Mike Smith Representative Cheney-Walters-Echols Date of Application September 27, 2022 Requested Action Waiver of Subdivision Regulations Location 10 C Road 3451/R4002417 Existing Zoning N/A San Juan County Surrounding There is no zoning in San Juan County. The surrounding land uses are residential. Zoning and Land Use Subdivision Class Class 3 Notice Minor Subdivisions & Waivers do not require notice Staff Planner Beth Escobar, Planning Manager SUBDIVISION INFORMATION Number of Lots 4 Acres of Land 6.42 Lot Size 1.34 – 1.91 acres Utilities Water: Flora Vista Mutual Domestic Water Association Sewer: Septic Electric: Per FEUS Engineering Access & Per City Standards Circulation Street Lights None Street Sign Per San Juan County Standards Fire Hydrants Per Fire Department Standards Drainage Per City Standards P & R’s Fees None NBU Mail Box Coordinate with USPS 19  Flora Vista Hillside Estates No. 2 MS 22-82 Waiver Request GENERAL INFORMATION The Petitioner submitted a minor subdivision of a 6.42-acre parcel located in San Juan County. The property is within Tier II of the City of Farmington’s Planning & Platting Jurisdiction and is located approximately 1.1 miles from the City’s municipal boundaries. The plat indicates a 4-lot subdivision. Lot sizes range from 1.34 acres to 1.91 acres. There is a proposed 30-foot access easement that provides access to all four lots. Lots 3 & 4 have a 30-foot waterline easement along their eastern borders. The regulations for a minor subdivision are contained in Section 8.8.6 of the Unified Development Code. This is an administrative procedure and is not presented to the Planning & Zoning Commission unless there are issues. A minor subdivision, as defined in Section 8.8.6.F shall create no more than five lots. The minor subdivision, being located within Tier II of the Planning & Platting Jurisdiction of the City, is subject to the following sections of the UDC: Sec. 6.5 - Rural residential subdivisions (Tier 2). 6.5.1 General. The requirements outlined in this section are intended to allow the development of rural residential subdivisions in the areas outside the City of Farmington but within Tier 2 of the city's planning and platting jurisdiction (PPJ), as defined by the 20  Flora Vista Hillside Estates No. 2 MS 22-82 Waiver Request comprehensive plan (see Article 14, appendix section 13.3); and, in the RE-2, RE-1 and RA districts where deemed appropriate by the city council. It is the intent of this section that these regulations be used to allow a rural-type atmosphere for development in areas where the council deems it appropriate. It is not the intent of this section to sacrifice the integrity of the City of Farmington's current or future infrastructure systems. The requirements of section 6.4, subdivision design standards, shall apply to all rural residential subdivisions, with the following modifications. 6.5.3 Streets and alleys. A. Streets shall comply with the requirements of section 6.4.7; provided, however, that streets Class 2 and 3 subdivisions shall have: (1) All-weather, gravel or crushed stone base; (2) Road surfaces with not less than a double penetration chip seal surface; (3) Road surface width of not less than 24 feet; and (4) Eight-foot shoulder on each side. The petitioner intends to finish the roads with road base only. B. Minimum rights-of-way width shall be 50 feet. The access easement shown on the plat is 30 feet in width. In addition, a drainage report is required to ensure compliance with UDC Section 6.4.14. ISSUES IDENTIFIED DURING INITIAL REVIEW CW Engineering – T. Sitta - UDC 6.5.3 B - The proposed lots do not meet the minimum right-of-way width of 50 feet. - UDC 6.5.3 – Streets shall be constructed with all-weather, gravel or crushed stone base and surfaced with not less than a double penetration chip seal surface not less than 24 feet wide. Eight (8) foot gravel shoulders and drainage ditches and culverts shall be incorporated in the road design. - A joint use driveway easement and maintenance agreement will be required for access easements not accepted for dedication and shall be recorded with the plat. - A note shall be added to the plat stating the responsibility of maintenance of the access easement. Will there be a homeowners association or will the maintenance be the burden of each lot owner as it crosses each lot? 21  Flora Vista Hillside Estates No. 2 MS 22-82 Waiver Request - UDC 6.4.14 and 8.8.6 - Please provide a drainage report for this subdivision to include existing off-site and on-site drainage, what drainage facilities will be proposed along the utility and access easement and how that drainage will be handled without causing a safety and general welfare hazard to access, utilities and adjacent lots. - The Vicinity Map should have a scale. This property is outside the City of Farmington Fire Department’s jurisdiction. Farmington would respond to the site if mutual aid was requested. Thirty feet of road width is not adequate, especially if cars are parked along the road. Review Process for Minor Subdivisions A letter was sent to the applicant, Cecil Tullis with Cheney-Walters-Echols, listing staff’s comments. Per the petitioner’s letter dated February 17, 2023 the petitioner is requesting a waiver of the following subdivision regulations:  the road construction requirements of §6.4.7.A,  the easement width requirement of §6.5.3.B  the drainage report requirement of §6.4.14 Section 8.8.4 of the Unified Development Code allows for waivers to the subdivision regulations: 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 Analysis Purpose of the Planning & Platting Jurisdiction Section 3-19-5 of New Mexico Statutes allows municipalities to control residential subdivision within a five-mile distance of municipal boundaries. This includes all territory within five miles of its boundary and not within the boundary of another municipality. This purpose of this rule is to provide for the orderly development of suburban property surrounding the city which in the future might be annexed. 22  Flora Vista Hillside Estates No. 2 MS 22-82 Waiver Request Exemption Plats The plat as presented does not qualify for an exemption under Section 8.8.2 of the City of Farmington Unified Development Code: Applicability B. Outside the City of Farmington and in the five-mile platting jurisdiction, subdivision approval shall be required for the division of land into two or more parts of less than five acres in any one calendar year for the following purposes: (1) Sale for building purposes; (2) Laying out a municipality or any part thereof; (3) Adding to a municipality; (4) Laying out lots; or 5) Resubdivision. San Juan County has approved this plat as an exemption plat so it is not subject to the regulations of the state’s subdivision laws. Flora Vista Hillside Estates Subdivision No. 1, just south of the proposed No. 2, was platted in 2015. This 6-lot subdivision included a 60-foot private access easement ending in a cul-de-sac. A drainage narrative was submitted with this plat. This was also a San Juan County Exemption Plat. There is no platted extension of the easement shown in the plat for No. 2 through property on No. 1 23 24 In 2020, the Planning & Zoning Commission tabled action on a preliminary plan for the Scales Subdivision, a 6-lot subdivision located off of County Road 3450 due to the fact it was not developed to City standards. Staff Recommendation: Staff does not support this waiver request. The subject property has topographical challenges. The plat as presented does not meet minimum safety standards for access. Waiver of the requested regulations would put the final buyer of the subdivided lots at risk. 25  Flora Vista Hillside Estates No. 2 MS 22-82 Waiver Request STREET VIEW Arrow indicates approximate western boundary line of subdivision 26  Flora Vista Hillside Estates No. 2 MS 22-82 Waiver Request AERIAL MAP 27  Flora Vista Hillside Estates No. 2 MS 22-82 Waiver Request 28  Flora Vista Hillside Estates No. 2 MS 22-82 Waiver Request 29  Flora Vista Hillside Estates No. 2 MS 22-82 Waiver Request PLAT SHEET 2 30 Staff Report PP 21-25 Ridgeview Subdivision Number Four Page 13 31  Staff Report PP 21-25 Ridgeview Subdivision Number Four Page 14 Flora Vista Hillside Estates No 2 Flora Vista Hillside Estates No. 1 Scales Subdivision 32  COMMUNITY WORKS PETITION REPORT Petition SUP 23-14 Special Use Permit allowing a drive-through window At 505 E 20th Street. A. STAFF REPORT, March 23 2023 PROJECT INFORMATION Applicant Starbucks Representative Scooter Haynes and Julia Maccini Date of Application February 16, 2023 Approval of a special use permit to allow a drive through window Requested Action in the LNC Zone district. Location 505 E 20th Street. Existing Land Use Vacant Land/Commercial Use Existing Zoning LNC Local Neighborhood Commercial District Surrounding Zoning & North, South, East & West: LNC Local Neighborhood Commercial Land Use District / Commercial Publication of Notice: March 21, 2023 Farmington Daily Times Notice Property Owners Certified Mail: Tuesday March 27, 2023 Sign Posted: Friday March 24, 2023 Staff Planner Mike Safrany, Senior Planner STAFF ANALYSIS BACKGROUND The petitioner requests a special use permit to allow a drive-through for a restaurant on 0.75-acre property at 505 E. 20th Street. Pursuant to Section 2.3 the Use Table of the UDC, a drive-thru restaurant is permitted in the LNC district with an approved special use permit. A restaurant drive-through is required to have a minimum of six (6) stacking spaces. The stacked spaces are to be measured from the order window. The site plan provided by the petitioner indicates sufficient stacking spaces and the drive-through window to be located at the east side of the proposed building. Stacking spaces must be a minimum 9 feet by 20 feet each. The Planning & Zoning Division calculations indicate six (6) stacking spaces, 9 feet by 20 feet from the order window. The site plan is congruent with an order window; the planned stacking spaces meet the UDC’s requirements. The building’s dimensions, scaled from the site plan, indicate that the building is approx. 1,400 square feet of building space. There will be no indoor seating at this location, however a walk-up order window will also be provided. Section 5.2.3 Table A of the UDC requires coffee shops and stands to have one parking space for every 200 square foot of building. The current parking site plan indicates fifteen parking spaces. A minimum of one van- accessible parking space for the physically handicapped is required. The parking requirements have been reviewed during the building permit process. 33  Petition Report 23-14–– Page 2 ZONING MAP 34  Petition Report 23-14–– Page 3 AERIAL VIEW OF SITE 35  Petition Report 23-14–– Page 4 PROPOSED SITE PLAN 36  Petition Report 23-14–– Page 5 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 an 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. Criteria are 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, not be substantially or permanently injurious to the neighboring property. The petitioner has provided a parking and stacking space site plan for the proposed drive-through. The proposed drive-through meets the vehicle-stacking requirements of the UDC. The overall site plan design, including landscaping, parking and accessible routes meets the UDC, Article 5 development standards. B. Compatible with surrounding area: The proposed site plan, circulation plan, and schematic architectural designs shall be harmonious with the character of the surrounding area with relationship to scale, height, landscaping and screening and density. The site is in the local neighborhood commercial area. The proposed coffee shop is allowed in the LNC District and is compatible with the surrounding area. C External impacts minimized: The proposed use shall not have negative impacts on existing uses in the area and in the city through the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard, or other injurious or noxious impact. The applicant shall provide adequate mitigation responses to the impacts. There are no negative impacts concerning noise, glare fumes, dust smoke, or vibration. Pursuant to UDC 3.12, standards pertain but are not limited to building setbacks, building height, screening, dumpsters, and outdoor lighting. 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 amount of stacking spaces provided from the pick-up window to the south end of the property is sufficient for this business. Additional vehicles can line up inside the parking area aisle, which will create a U-shape, provide the maximum stacking spaces possible, and keep the line from backing onto 20th street. 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 calls for this area to be commercial. A coffee shop is consistent with the UDC and the Comprehensive Plan. 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. N/A G. Site Plan: The proposed use shall be required to comply with the Site Plan Review - Procedures and Standards, of Section 8.5, site plan review, as specified. 37  Petition Report 23-14–– Page 6 A site plan and construction documents were submitted to Community Development’s Building Division. Traffic Engineering: Mark Hathcock 505-599-8201  5.2.9.C - Location. Stacking spaces may not impede on- or off-site traffic movements or movements into or out of off-street parking spaces. Having the 6 required spaces would possibly impede the parking spaces, however the impedance could happen along the entirety of what looks to be approximately 20-ft between the outer edge of parking stalls to the edge of the outside curbing in the driving area. Due to the potential volume of customers stacking up. I have seen this happen in a few other drive thru’s such as Sonic on 20th St. My only concern would be for vehicles stacking into the street, and I do not see this happening, therefore I would be okay with having only 4 stacking spaces from the ordering box. Planning Manager: Beth Escobar 505-599-1285  The drive through for the business to the east (Johnny O’s Spudnuts) tends to get backed up onto 20th at busy times. I would suggest the tapered curb shown on the site plan be changed to a full curb to prevent Johnny O’s customers from using the Starbuck’s space.  Seems to be an excessive amount of parking for just a drive through. Is this a requirement of Starbucks?  Can the ADA parking spaces be closer to the pickup window? PUBLIC INPUT Letters were sent to eight surrounding properties and a sign was posted on the property. At the time of this report, no public input has been received. STAFF CONCLUSION Staff concludes approval of SUP 23-14 is appropriate. A drive through window for this business does not have a negative impact on the environment or surrounding properties. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition SUP 23-14, a request from Scorpion 505 Development, represented by Scooter Haynes and Julia Maccini, for a special use permit to have a drive-thru at 505 E. 20th Street, in the LNC Local Neighborhood Commercial District. 38  Petition Report 23-14–– Page 7 39  Petition Report 23-14–– Page 8 NEIGHBORS WITHIN 100 FEET OF SUBJECT PROPERTY NAME ADDRESS CITY STATE ZIP BS Squared LLC 3203 Municipal Drive Farmington, NM 87401 Cavin Joseph and Micaela 5 Road 31150 Aztec, NM 87410 Kuchera Jerry L and Katheryn M 605 W 24th St Farmington, NM 87401 Serrano Bernardo J and Doris J PO Box 555 Chama, NM 87520-0555 Simmons S Elena PO Box 1203 Farmington, NM 87499-1203 Smiths Food and Drug Ctn, Inc. 1014 Vine St. FL 7 Cincinnati, OH 45202 Vigil Sandra 512-1/2 E 18th St Farmington, NM 87401 Wells Fargo Bank NM PO Box 2609 Carlsbad, CA 92018 Scorpion 505 Development, LLC PO Box 9043 Albuquerque, NM 87119 40  COMMUNITY WORKS PETITION REPORT Petition CV – Hristopoulos – Cannabis Sales 300-foot distance requirement waiver 419 W Main Street STAFF REPORT, March 30, 2023 PROJECT INFORMATION Applicant George Hristopoulos, property owner Representative John Hristopoulos, son Date of Application February 16, 2023 Requested Action Waiver of the 300-foot distance requirement from a cannabis facility to two religious institutions Location 419 W Main St/R0023526 Existing Land Use Auto detailing business – Tint My Ride Existing Zoning CB: Central Business Surrounding Zoning & North: CB: Central Business – Wal Art Gallery Land Use South: CB: Central Business – Law Office East: CB: Central Business – Vacant West: CB: Central Business – Citizens Bank Notice Requirements Publication of Notice: March 15, 2023, Farmington Daily Times Property owners letter: March 13, 2023 Sign posted: March 17, 2023 Staff Planner Beth Escobar, Planning Manager STAFF ANALYSIS Background The petitioner is proposing a retail cannabis business at the property at 419 W Main and is requesting a waiver of the 300-foot distance requirement from the River Community Church (formerly the Farmington Indian Baptist Church) at 501 W Broadway and the First Baptist Church of Farmington at 511 W. Arrington Street. 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. 41  Hristopoulos Cannabis Variance -waiver of 300-foot distance requirement CV23-15 Zoning 42  Hristopoulos Cannabis Variance -waiver of 300-foot distance requirement CV23-15 Aerial Map 43  Hristopoulos Cannabis Variance -waiver of 300-foot distance requirement CV23-15 Street View 44  Hristopoulos Cannabis Variance -waiver of 300-foot distance requirement CV23-15 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. Since July 2022, the Planning & Zoning Commission has recommended approval of two requests for a waiver of the 300-foot distance requirement: 109 W Broadway – High Altitude Exotics 1930 San Juan Blvd – Kannabis Klub City Council approved both of these petitions. The alChemist, an approved retail dispensary located at 115 W Main is approximately 1,600 feet east of the subject property. There are two cannabis dispensaries just on the outside of the Central Business District. The Oasis Cannabis Dispensary at 428 E Main has been open since May 2022. Kind Bud, located at 738 W. Main, received approval for a Vertically Integrated Cannabis Enterprise. They plan to begin operations at this location within the next few months. No negative impacts have been noted related to the existing cannabis businesses in the area. 45  Hristopoulos Cannabis Variance -waiver of 300-foot distance requirement CV23-15 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. The building on the subject property is listed on the National Register of Historic Places as a contributing building to the Historic Downtown Commercial District. This does not place any restrictions on what the property owner may do with their property, however significant modifications may result in the removal from the National Register. PUBLIC INPUT Letters were sent to 26 surrounding neighbors and the property was posted with a sign. Staff has received several phone calls from people with questions regarding the petition, but 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 419 W Main to the First Baptist Church of Farmington on the corner of W Arrington and S Auburn Ave is approximately 536 feet. The walking distance to the River Community Church at 501 W Broadway is approximately 422 feet. There is no direct line of site from either of the front doors of the religious institutions to the front door of 419 E Main. 46  Hristopoulos Cannabis Variance -waiver of 300-foot distance requirement CV23-15 Considering these factors, the request is a minimum easing of the code and should not have any negative impact on the surrounding commercial properties. Staff concludes approval of Petition CV23-15 for a retail sales facility at 419 W Main is appropriate. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition CV23-15, a request from George and John Hristopoulos to waive the 300-foot distance requirement from two religious institutions in order to operate an adult cannabis retail sale facility. 1. A City of Farmington business registration will be required. 2. A building/fire inspection shall be required. 3. A building permit shall be required for any remodeling. 4. One ADA van accessible parking space will be developed on site. 47 Hristopoulos Cannabis Variance -waiver of 300-foot distance requirement CV23-15 48 Hristopoulos Cannabis Variance -waiver of 300-foot distance requirement CV23-15 49 Hristopoulos Cannabis Variance -waiver of 300-foot distance requirement CV23-15 50  Hristopoulos Cannabis Variance -waiver of 300-foot distance requirement CV23-15 Properties within 100 feet NAME1 ADDRESS CITYSTATEZIP 422 W MAIN LLC 422 W MAIN ST FARMINGTON, NM 87401 517 W BROADWAY LLC ET AL 654 W MAIN ST FARMINGTON, NM 87401 ACT INVESTMENTS LLC PO BOX 6517 FARMINGTON, NM 87499 CALDWELL ANDREW AND RODI 1001 N BUENA VISTA FARMINGTON, NM 87401 CHAMBERS BARBARA 4728 HILLTOP CT FARMINGTON, NM 87402 CITIZENS BANK ATTN CONTROLLER ATTN FARMINGTON, NM LINDA PO BOX 4140 874994140 DINNING THOMAS M AND K EILEEN TRUST ET A 6213 FOOTHILLS DR FARMINGTON, NM 87401 EL KENNEDY AND ASSOC INC PO BOX 2206 ST JOHNS, AZ 85936 FAST FREDDYS AUTO REPAIR LLC 400 E BROADWAY FARMINGTON, NM 87401 FIRST BAPTIST CHURCH OF FARMINGTON 511 W ARRINGTON ST FARMINGTON, NM 87401 FIRST INDIAN BAPTIST CHURCH PO BOX 2892 FARMINGTON, NM 87499 FOUR CORNERS COMMUNITY BANK 500 W MAIN ST STE 101 FARMINGTON, NM 87401 FARMINGTON, NM HRISTOPOULOS GEORGE TRUST 1048 CRESTVIEW CIR 874019105 IOOF LODGE PROPERTY LLC 410 N LOCKE AVE FARMINGTON, NM 87401 FARMINGTON, NM 87401- MOELLER F DOUGLAS AND TRYA B 424 W BROADWAY 5908 MONTGOMERY COMMERCIALS LLC PO BOX 6517 FARMINGTON, NM 87499 NINOS FELICES INC ATTN JOSEPH JAMES VERC 413 W MAIN ST FARMINGTON, NM 87401 NINOS FELICES INC ATTN JOSEPH JAMES VERC 413 W MAIN ST FARMINGTON, NM 87401 3907 N BUENA VISTA NOSTAW PROPERTIES LLC AVE FARMINGTON, NM 87401 NYGREN INVESTMENT LLC PO BOX 561 FARMINGTON, NM 87499 PADILLA LAND AND CATTLE CO 446 ROAD 3000 AZTEC, NM 87410-9502 REIGN ENTERPRISES LLC 37 ROAD 5413 BLOOMFIELD, NM 87413 ROGERS JAMES AND MARY REVOCABLE TRUST 400 W MAIN ST FARMINGTON, NM 87401 SNEED KERMIT K AND JOYCE C AB TRUST 2304 N SANTIAGO AVE FARMINGTON, NM 87401 SUN HOLDING LLC 602 W MAIN ST FARMINGTON, NM 87401 YOWS LARRY GAIL ESTATE 17 ROAD 5795 FARMINGTON, NM 87401 51