Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive April 13, 2023 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the March 30, 2023 P&Z Meeting 4 Petition 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. This item was postponed from the March 30, 2023 P&Z meeting. Presented by Planning Manager Escobar 5 Petition ZC 23-10 – A request for a Zone Change from SF-7: Single-family residential (Minimum 7,000 sf lot size) to MF-M: Multi-family medium density (minimum 8,000 sf lot size) for the development of 4 apartment units. Located at 702 N. Allen Ave. Presented by Senior Planner Safrany 6 Petition SUP 23-18 – A request for a Special Use Permit to allow for cannabis cultivation and manufacturing located at 419 E. Broadway Ave. Presented by Long Range Planner Gibson. This petition has been withdrawn. 7 Business From Floor: Chairman: Members: Staff: 8 Adjournment Petition items on this agenda will be scheduled for the next City Council meeting – April 25, 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 March 30, 2023 The Planning & Zoning Commission met in a regular session on March 30, 2023 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. P&Z Members Present: Chair Joyce Cardon Vice Chair Clint Freeman Cheryl Ragsdale Ryan Brown Clete Berens Shay Davis P&Z Members Absent: Gary Hanson Cody Waldroup Staff Present: Beth Escobar Mike Safrany Colby Gibson Tami Spencer Others Who Addressed the Commission Mike Hamilton Craig Stoabs Bryan McCarty Jack McQuitty Bessie Sifford Scooter Haines 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 Ragsdale to approve the agenda, with item No. 8, PP 22-66 removed from the agenda. Staff is working with Petitioner Smith to work out the issues with the subdivision regulations, and item No. 10, CV 23- 15. With two Commissioners recusing themselves from this petition, there will not be a quorum. This petition will be moved to the April 13, 2023 P&Z meeting. This motion passed unanimously by a 6-0 vote. Annual Election of Chair and Vice Chair Chair Cardon made a motion to appoint Vice Chair Freeman as Chair for the Planning & Zoning Commission. Vice Chair Freeman accepted the nomination. Commissioner Davis seconded the motion. The vote passed unanimously 6-0. Chair Cardon made a motion to appoint Commissioner Brown as Vice Chair for the Planning & Zoning Commission. Commissioner Brown accepted the nomination. Commissioner Davis seconded the motion. The vote passed unanimously 6-0. 1 Approval of the Minutes A motion was made by Commissioner Berens and seconded by Vice Chair Freeman to approve the minutes of the February 16, 2023 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 – 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. Senior Planner Safrany presented the following: Petition • 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 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. • Replat ‘A’ involves the 26-Lot section of the approved subdivision between Lily and Rosita Streets. 2 Aerial Map Plat 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 Additional Developer Obligations • Construct extension of Wildflower Mesa Drive to Andrea Drive 4  Planning 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. Conclusion: Staff has accepted the definition of a block to be surrounded by four streets and accepts the cul-de-sacs as a single block over 400 feet, as the other existing blocks further to the west. 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. Conclusion: The required vinyl fencing along the east side of the development in addition to the existing chain link fence placed by the county will provide a sufficient buffer to the Detention Center. Engineering Comments Engineering staff will have additional technical comments for the construction drawings and drainage report. Staff will approve Preliminary Plan with condition the technical corrections are completed for Final Plat. 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 • Revised drawings were received on January 11 • Redline sent to engineer on January 13 Conclusion & Staff Recommendation STAFF CONCLUSION • Staff recommends approval of Petition PP 22-66, Mesa Vista Subdivision No. 8 Replat “A” as the revised submittal meets the design standards discussed before the Planning and Zoning Commission on September 29, 2022. STAFF RECOMMENDATION • The Community Works Department recommends approval 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. Staff recommends the following conditions of approval: 5  Discussion The Commission asked Staff: 1. Under Staff Comment, what are the concerns of Staff? (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.) 2. How many houses are on the west side of Lily St? 3. What is the issue with the 400 ft. minimum? City Staff replied: 1. Staff was concerned about additional traffic and more activity. With the new layout adding the cul-de-sacs there will be more activity than on the west side of Lilly St. and the conditions have changed with the new layout. 2. In replat A there are approximately 15 houses. 3. The UDC requires a 400 ft. minimum for the length of a block so there aren’t traffic issues. It is code related for the development of a subdivision. Petitioner Mike Hamilton, 6220 Old Course Dr., Farmington, NM Mr. Hamilton feels that any issues Staff had, have been resolved. Commission Discussion With no commission discussion, Chair Cardon called for a motion. Motion A motion was made by Vice Chair Freeman and seconded by Commissioner Brown to approve PP 22-66 as presented by Staff including the four conditions. The motion carried 6-0. 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. Planning Manager Escobar presented the following: 6  Petition • Applicant: Craig Stoabs • Location: Kingsway & Messina • Parcel # R4005962 & R4003620 • Existing Zoning: Single family residential • Request: Approval of a Final Plat for a 18-lot commercial subdivision. • Preliminary Plan approval for this subdivision was received on February 1, 2018 Zoning 7 Aerial View Final Plat 8  Staff Recommendation • The Community Works Department recommends approval of Petition 23-04, a Final Plat for Windsor Heights Number 12, a submittal from Craig Stoabs, represented by Robert Cheney of Cheney-Walters-Echols, for Final Plat approval of a 18-lot, Class 1, subdivision of two vacant parcels, totaling 6.33 acres within the City of Farmington with the following recommended conditions: 1. All technical corrections to the plat and construction drawings, including all as-built plans, will be finalized and approved prior to submittal of the final plat for signature, including noted issues in this report. 2. A subdivision agreement shall be required. 3. Inspections shall be required. Inspections shall be scheduled 48 hours in advance. Discussion The Commission asked Staff: 1. Aren’t inspections already required in that time frame? 2. How is the space between Pinon Hills and the subdivision zoned? City Staff replied: 1. The Engineering Dept. requested this condition be added, they wanted that requirement reiterated, because sometimes it is forgotten. 2. It is Local Neighborhood and Office Professional. Petitioner Craig Stoabs, 4800 College Blvd., Farmington, NM Mr. Stoabs stated they are finishing up, this is the last subdivision in the area. The Commission had no questions for Mr. Stoabs. Commission Discussion With no commission discussion needed, Chair Cardon called for a motion. Motion A motion was made by Commissioner Davis and seconded by Commissioner Ragsdale to approve FP 23-04 as presented by Staff including the three conditions. The motion carried 6-0. 9 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. Long Range Planner Gibson presented the following: Petition • Applicant: Mariposa Properties LLC • Representative: Bryan McCarty, potential property owner • Location: 1041 Schofield Lane • Existing Zoning: Multi-Family Low Density (MF-L) • Request: Zone Change from Multi-Family Low Density to Multi-Family Medium Density to develop four 2-story 4-plex apartments. Project Description • The petitioner proposes to develop four 2-story 4-plex apartments on the subject property. The petitioner owns the adjacent lot to the west, featuring an identical development. • The applicant is proposing 16 dwelling units in the development. Current zoning (MF-L) currently allows up to 12 dwelling units per UDC Sec. 2.8. MF-M zoning would allow up to 21 dwelling units. • Each of the 16 dwelling units share identical floor plans and are two bedroom 1.5 bath units. • The existing house, garage and in ground swimming pool to be removed. • The petitioner plans to purchase the property if the Zone Change is approved. 10 Subject Property Aerial View 11 Street View Zoning 12 Unit Floor Plan (Main Level) 13 Unit Floor Plan (Upper Level) 14  Farmington Comprehensive Plan Issues for Consideration 1/3 Unified Development Code (UDC) Section 8.7.4 outlines issues for consideration in determining a proposed zone change as follows: • Is the proposed zoning consistent with the Farmington Comprehensive Plan? Yes, the proposed zoning conforms to the ‘Commercial Mixed Use’ designation by fulfilling the higher density multifamily residential aspect presented in a horizontal mixed-use development. • Is the proposed zoning and land use compatible with the present zoning and conforming uses of nearby property and the character of the neighborhood? Yes, properties to the west are zoned MF-L and properties to the south are zoned MF-M, the same as the proposed zoning for the subject property. The land use of surrounding properties in this neighborhood varies, however is primarily multi-family residential. • Will there be adverse impacts; and can any adverse impacts be adequately mitigated? None identified. The petitioner will be subject to all development standards outlined in UDC Article 5. Issues for Consideration 2/3 • Is the proposed density and intensity of use permitted in the proposed zoning district? 15 Yes, per UDC Section 2.8, the proposed zoning of MF-M allows up to 21 dwelling units. The applicant is proposing 16 dwelling units in the multifamily development. • Is the site physically suitable for development of uses and density permitted by the proposed zoning district? Per UDC Section 2.8, the MF- M: Multifamily Medium Density zoning district requires 2,000 square feet per unit. 16 residential units on 1.0 acre is physically suitable for the parcel. Per UDC Section 5.2.3, 28 parking spaces will be required. Two accessible and one van accessible space will be required. Additionally center parking islands will be required for every 15 linear parking spaces. Issues for Consideration 3/3 • Are adequate public facilities and services available to serve development for the type and scope suggested by the proposed zone? Yes. Site access is provided from Schofield Ln and all utilities are available to the subject property. The applicant will be required to install sidewalk along Schofield Ln, there is currently no sidewalk in place. • Does the proposed change constitute “spot zoning” as defined in Article 11, definitions? UDC Article 11 defines spot zoning as ‘where a particular tract within a larger area is specifically zoned so as to impose upon it restrictions not imposed upon the surrounding lands, or grant to it special privileges not granted generally, not done in pursuance of the Comprehensive plan’. The proposed Zone Change does not constitute spot zoning by this definition. MF-L and MF-M zoning and uses are to the north, south, and west of the subject property. Public Notice 16  Staff Conclusion • The proposed Zone Change aligns with the 2040 Comprehensive Plan. • MF-M zoning is compatible with the existing uses within the neighborhood. • Proposed development well suited for the 1.0 Acre site. • In staff’s opinion, the Zone Change and development will provide a much-needed addition to the rental housing market in Farmington. • The project has the potential to serve as a catalyst in the area for future redevelopment promoting walkable neighborhoods. Staff Recommendation • The Community Works Department recommends approval of Petition ZC 23-11, a request from Mariposa Properties LLC represented by Bryan McCarty, for a zone change from Multi-Family Low Density to Multi-Family Medium Density located at 1041 Schofield Ln to allow for a 16 unit multifamily residential development with the following conditions of approval: 1. A fully dimensioned site plan will be required to be submitted with the building permit showing parking dimensions, aisle widths, landscaping and lighting. Site will be developed in general conformance to the site plan and drawings submitted with the zone change and will conform to all development standards outlined in UDC Article 5. 2. Development of the sidewalk along Schofield Ln will be in the City of Farmington right-of- way. 3. Staff recommends that the petitioner reach out to Tres Rios Habitat for Humanity or other suitable organization if any materials or supplies may be repurposed. Discussion The Commission had no questions for Staff. Petitioner Bryan McCarty, 703 W. Broadway Ave., Farmington, NM Mr. McCarty will have Rodahl & Hummell do the drawings like they did on the past project. They will meet all requirements to submit the set of plans. He stated the build out will happen in two phases. After the demolition the plan is to build the two, 4- plexes to the west then build the other two. The Commission no questions for Mr. McCarty. Affected Parties Jack McQuitty, 2104 N. Cochiti Ave., Farmington NM 17 Mr. McQuitty has rentals on 11th St. He is worried about the water pressure, sewer drainage and other problems may arise with 16 apartments being built. He is also worried about noise from extra traffic. Vice Chair asked Mr. McQuitty if they have had utility problems in the past. Mr. McQuitty replied no he had not. Staff replied no study had been completed with regards to this. This petition was provided to the Community Works Department, which included the Water/Waste Water Department and there was no concern with over usage. As far as noise mitigation, the density does meet the zoning requirements so it would be appropriate for the area. Mr. McCarty stated there are no plans to mitigate the sound, it is not a requirement in the Unified Development Code (UDC). The 4-plexes will be sized according to the unified plumbing code. The utilities run south and he does not feel that if there were any problems with his water or sewage that it would not affect Mr. McQuitty’s property. Vice Chair asked Mr. McCarty if he has had any problems with water pressure or pipes backing up. Mr. McCarty stated they had not. If anything they have more water pressure they then really need. Bessie Sifford, 1209 Schofield Ln., Farmington NM Ms. Sifford stated she is here to oppose the rezoning. There is already a lot of traffic and she feels it would really increase with the new apartments. Schofield Ln. is like a raceway, there would be increased traffic and foot traffic. Commissioner Ragsdale asked Ms. Sifford where her house was located. Ms. Sifford replied it is on the corner of 11th St. and Schofield Ln. With no further public input, Chair Cardon closed the public portion of the meeting. Commission Discussion With no commission discussion, Chair Cardon called for a motion. Motion A motion was made by Commissioner Brown and seconded by Vice Chair Freemen to approve ZC 23-11 as presented by Staff with the three conditions. The motion carried 6-0. 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. Senior Planner Safrany presented the following: 18  Petition • Applicant: Scorpion 505 Development, LLC • Representative: Scooter Haynes and Julia Maccini • Location: 505 E 20th St. • Existing Zoning: LNC: Local Neighborhood Commercial • Request: SUP to allow for a drive-thru window • Construction drawings have been submitted to the building department for a new commercial retail building on the site • There will be no indoor seating available at this location Zoning Map 19 Aerial View 20  UDC Design Standards • A restaurant drive-thru is required to have a minimum of six stacking spaces measured from the order window. Stacking spaces shall be 9’ x 20’ • The planned stacking spaces meet the UDC requirements • The proposed parking lot design provides a U-shaped design creating additional vehicle stacking space and preventing cars from backing up onto 20th street traffic • The UDC requires coffee shops and stands to have one parking space for every 200 square foot of building with a minimum of one van ADA space • The current parking site plan indicates fifteen parking spaces • All exterior lighting must be fully shielded • All Article 5 development standards of the UDC have been met SUPs • 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. Special Use Permit Criteria • 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- thru. The proposed drive-thru 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. 21 • 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. • A site plan and construction documents were submitted to Community Works Building Division. 22  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-through at 505 E. 20th Street, in the LNC Local Neighborhood Commercial District. Discussion The Commission asked Staff: 1. Is the reason to have a Special Use Permit for a drive thru widow in LNC to cut back on traffic? City Staff replied: 1. Staff stated that LNC within the neighborhood, it could be traffic, and it is just a bit more restrictive than General Commercial. Petitioner Scooter Haines, Scorpion 505 Development, P.O. Box 9043, Albuquerque NM Mr. Haines stated that Staff has done a fantastic job and he would like to thank them for the presentation and their help through this process. Mr. Haines wanted to address a few of questions in the Staff comments. 1. He does not feel there would be any negative impact on surrounding properties or the environment in the area. 2. There will be permanent concrete barrier between the Starbucks drive through and Johnny O’s drive through. 23  3. He also stated the proposed drive through is congruent with surrounding properties. Properties on both sides have a drive through window. 4. Starbucks does a good job in researching nationwide how long from point of order to the pick-up window. Nationally they ask all developers to place seven car length between the pick-up window and the order board. That is the most efficient spacing that we can provide in a site plan. As for moving the ADA parking space closer to the pick-up window, he asked the architect to move it a little further away, he wanted to be sure that there was no unevenness in their path. With no further public input, Chair Cardon closed the public portion of the meeting. Commission Discussion With no commission discussion, Chair Cardon called for a motion. Motion A motion was made by Commissioner Davis and seconded by Commissioner Ragsdale to approve SUP 23-14 as presented by Staff. The motion carried 6-0. Business from the Floor: There was no business from the floor. Business from the Chair: Chair Cardon wanted to thank the Commission and wish them luck in the future. She also wanted to thank Staff for doing an excellent job. Business from the Members: The Members wanted to thank Chair Cardon for her years of service. Business from Staff: Planning Manager Escobar thanked Chair Cardon for her service and stated Staff has appreciated her so much. We will be bringing forward the meeting resolution as we do every year, for next year’s schedule. Ms. Escobar wants the Commission to think if a different day or time would work better for anyone. Ms. Escobar noted the Council heard the presentation from Mr. Gibson on the housing snapshot that went very well. It will go to Council for adoption in April. We received from Council to draft potential changes to the Cannabis Ordinance to include a 300 foot distance requirement from residential areas. We anticipate bringing this forward for your consideration in May. Hopefully we can bring Joaquin Gonzalez, our new Associate Planner to the next meeting, so you all can meet him. Adjournment: With no further business, a motion to adjourn was made by Commissioner Berens and seconded by Commissioner Ragsdale. The motion carried unanimously 6-0 and the meeting was adjourned at 4:13 p.m. _______________________________ _________________________________ Clint Freeman Tami Spencer Chair Administrative Assistant 24  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. 25  Hristopoulos Cannabis Variance -waiver of 300-foot distance requirement CV23-15 Zoning 26  Hristopoulos Cannabis Variance -waiver of 300-foot distance requirement CV23-15 Aerial Map 27  Hristopoulos Cannabis Variance -waiver of 300-foot distance requirement CV23-15 Street View 28  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. 29  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. 30  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. 31 Hristopoulos Cannabis Variance -waiver of 300-foot distance requirement CV23-15 32 Hristopoulos Cannabis Variance -waiver of 300-foot distance requirement CV23-15 33 Hristopoulos Cannabis Variance -waiver of 300-foot distance requirement CV23-15 34  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 35 36  City of Farmington ZC 23-10 702 N Allen Ave. COMMUNITY WORKS PETITION REPORT Petition ZC 23-10 Zone Change from SF-7: Single-family to MF-M: Multi-family Medium Density A. STAFF REPORT, March 3, 2023 PROJECT INFORMATION Applicant PROS Investments LLC Representative Brandon Ryan Date of Application February 2, 2023 Requested Action Zone Change from SF-7: Single-family Residential to MF-M: Multi- family Medium Density to convert an existing church to a four-plex rental property. Location 702 N Allen Ave. Existing Land Use Vacant Church Building on 10,900 sf (.25 acres) Existing Zoning SF-7: Single-family Residential Surrounding Zoning North: SF-7: Single-family Residential District & Land Use South: SF-7: Single-family Residential District East: SF-7: Legal Non-conforming Single-family Residential West: SF-7: Single-family Residential District Notice Requirements Publication of Notice: March 21, 2023, Farmington Daily Times Property owners letter: March 27, 2023 Sign posted: March 24, 2023 Staff Planner Mike Safrany, Senior Planner STAFF ANALYSIS BACKGROUND The applicant is requesting a zone change from an SF-7, Single-family Zone District to an MF-M, Multi-family Medium Density Zone District. The current zoning is in the SF-7, Single-family Residential District. The existing building is currently legal non-conforming due to setback violations at the front setback and the street-side setback. A 1996 survey shows the front of the building 17.7 feet from the front property line and 11 feet from the south side-street property line. The existing building appears to be angling slightly southward towards the east, further narrowing the distance from the southern property line. The applicant is also requesting a variance with a separate petition waiving the 20-foot front setback and the 20-foot street-side setback requirements. The lot size meets the minimum 8,000 sf lot size for a MF-M district. 37 The existing building is 1520 square feet and will be remodeled into two rental units approximately 760 square feet each. Two additional new rental units at 24 ft. x 30 ft. each will be added onto the east end of the existing building, each unit being 720 square feet. This will add an additional 1,440 square feet to the existing 1520 square feet for an approximately 2,960 square foot-building total. Off-street parking will be provided for the four units off the alley to the east of the property. Additionally, the safe sight triangle for a driveway/alley and/or a Local/Collector to a Local/Collector is 20 feet by 20 feet. The proposed site plan showing the new building to the property line meets the safe sight triangle requirements. 2040 FUTURE LAND USE PLAN: 2040 COMPREHENSIVE PLAN (Medium Density Residential) Medium Density Residential areas primarily contain traditional gridded-street neighborhoods. New neighborhoods, or upgrades to existing neighborhoods, would provide a walkable environment intermixed with public facilities, retail services, housing, and park areas. A mix of housing options supports vibrant and inclusive neighborhoods including townhomes, duplexes, and live/work units, and group care facilities. Limited high-density would also be appropriate in this area. Accessory dwelling units (ADUs) or detached apartments are allowed in this area on single-family structures with administrative review. Planning trends show housing opportunities should be available for all income groups with a diverse mix including duplexes, townhouses, apartments, condominiums, workforce housing, and single-family homes ranging in size. A community must guard against an abundance of subdivisions in similar and repetitive densities, appearances, and price ranges. 38  ZONING MAP N ALLEN AVENUE FACING SOUTH 39 N ALLEN AVENUE FACING NORTH HOPI AVENUE FACING WEST 40 EXISTING SITE PLAN PROPOSED SITE PLAN 41  CURRENT AERIAL VIEW OF SITE PROPOSED SITE PLAN W/ BACKGROUND 42  City of Farmington ZC 23-10 702 N Allen Ave. 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 future land-use designation of Medium Density Residential along N Allen Ave. Planning trends show housing opportunities should be available for all income groups with a diverse mix including duplexes, townhouses, apartments, condominiums, workforce housing, and single-family homes ranging in size. A community must guard against an abundance of subdivisions in similar and repetitive densities, appearances, and price ranges. B. Is the proposed zoning and land use(s) compatible with the present zoning and conforming uses of nearby property and the character of the neighborhood? The proposed zoning is compatible with the area. Currently the area consists of numerous blocks of SF-7, Single-family residential lots with a scattering of multi-family residential properties, which have been rezoned to meet the housing needs of the area. C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? No adverse impacts are expected. The increase of residences is minimal. D. Is the proposed density and intensity of use permitted in the proposed zoning district? Yes, the proposed multi-family residence will be a 2960 sf single-story building. This will cover under 40% of the lot, the allowable amount of building space that the other lots are allowed in the same area. This is consistent with the surrounding district. E. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? The site as proposed must meet all of the relevant regulations of the Unified Development Code. Landscaping must meet the requirements of Section 5.5 of the UDC. There are eight off-street parking spaces being proposed with direct access from the alley off Hopi Street. This is adequate for up to four multi-family units with three bedrooms each. The applicant is also requesting a variance with a separate petition waiving the 20- foot front setback and the 20-foot street-side setback requirements. The lot size meets the minimum 8,000 sf lot size for a MF-M district. 43  F. Are adequate public facilities and services available to serve development for the type and scope suggested by the proposed zone? If utilities are not available, could they be reasonably extended by the applicant? Is the applicant willing to pay for the extension of public facilities and services necessary to service the proposed development? Yes. All utilities are existing. G. Does the proposed change constitute “spot zoning” as defined in Article 11, definitions? No. The area consists of numerous blocks of SF-7, Single-family residential lots with a scattering of multi-family residential properties. The 2040 Comprehensive Plan states a community must guard against an abundance of subdivisions in similar and repetitive densities, appearances, and price ranges. PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to seven surrounding property owners. At the time of this report no public comment has been received. STAFF CONCLUSION Staff concludes the zone change to MF-M, Multi-family Medium Density Residential to allow for the conversion of vacant church building to a four-plex is supported by the 2040 Comprehensive Plan and in keeping with the general character of the neighborhood. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition ZC 23-10, a request from PROS Investments, LLC represented by Brandon Ryan, for a zone change from an SF-7, Single-family residential district to an MF-M, Multi-family medium density residential district to allow for the conversion of vacant church building to a four-plex residential building. Staff recommends the following conditions of approval: 1. The developer must obtain all necessary building permits and must meet the requirements of the UDC Article 5 – Development Standards. 2. A building/fire inspection shall be required. 44 45 46 47 NAME ADDRESS CITY STATE ZIP Tammy Abeyta 706 N Allen Ave. Farmington, NM 87401 Kirk Cross and Tammy Morris 615 N Allen Ave. Farmington, NM 87401 Elouise Dickenman 420 7th Ave. NE Farmington, NM 87124 Earth Properties LLC 2844 E Main St. Ste 106 Farmington, NM 87402 Avalyn Harris 709 N Orchard Ave. Farmington, NM 87401 Dennis and Melody Ivie 201 Taylor Dr. Farmington, NM 87401-6075 Roger and Marcie Loudermilk 6135 Lake Shore Dr. Flora Vista, NM 87415 Sophia Newton 710 N Allen Ave. Farmington, NM 87401 Linda Ritta 616 N Allen Ave. Farmington, NM 87401 Susan Ann Sledge 302 N Loma Linda Farmington, NM 87401 James Robert Tansey 613 N Orchard Ave. Farmington, NM 87401 Matlock Real Estate Holdings 1348 Avenida Del Sol Durango, CO 81301 48