Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive May 11, 2023 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the April 27, 2023 P&Z Meeting 4 Petition ZC 23-21 – A request for a zone change from Central Business to PD: Planned Department to allow for the placement of two pre-fab housing units at 121 N Behrend and to legalize the current non-conforming residential use of the existing house on the subject property. Tabled from April 27, 2023 P&Z meeting. Presented by Planning Manager Escobar 5 Petition ZC 23-31 – A request for a zone change from SF: 7 Single Family residential to GC: General Commercial. Located at 4207 Hudson St. Parcel No. R0026303. This petition has been rescheduled to the May 25, 2023 P&Z Meeting. 6 Petition FP 23-32 – A request from Scott D. Bird, represented by Bob Echols of Cheney-Walters-Echols for final plat approval of a 55-lot residential subdivision. Parcel No. R0033344. This petition has been rescheduled to the May 25, 2023 P&Z Meeting. 7 Petition ZC 23-35 – A request for a zone change from LNC: Local Neighborhood Commercial to MU: Mixed Use to allow for a 5-unit group care facility. Located at 414 N. Wall. Parcel No. R0025214. This petition has been rescheduled to the May 25, 2023 P&Z Meeting. 8 Discussion/possible action regarding proposed changes to the Cannabis Regulations of the Unified Development Code. 9 Business From Floor: Chairman: Members: Staff: 10 Adjournment Petition items on this agenda will be scheduled for the next City Council meeting – May 23, 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 April 27, 2023 The Planning & Zoning Commission met in a regular session on April 27, 2023 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. P&Z Members Present: Chair Clint Freeman Vice Chair Ryan Brown Joyce Cardon Cheryl Ragsdale Gary Hanson P&Z Members Absent: Cody Waldroup Clete Berens Shay Davis Staff Present: Beth Escobar Tami Spencer Others Who Addressed the Commission Jason Valdez Pastor Steve Carrington Call to Order 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 Cardon and seconded by Commissioner Ragsdale to approve the agenda of the April 13, 2023. This motion passed unanimously by a 5-0 vote. Approval of the Minutes A motion was made by Commissioner Berens and seconded by Vice Chair Brown to approve the minutes of the March 30, 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. ZC 23-21 – A request for a zone change from Central Business to PD: Planned Department to allow for the placement of two pre-fab housing units at 121 N Behrend. Motion A motion was made by Commissioner Hanson and seconded by Vice Chair Brown to table ZC 23-21 to the May 11, 2023 Planning & Zoning Commission Meeting. The motion carried 5-0. 1 PETITION NO. ZC 23-29 – A request for a zone change from LNC: Local Neighborhood Commercial to GC: General Commercial. Located at 2417 E. 20th St. Planning Manager Escobar presented the following: Petition • Applicant: Jason Valdez, possible tenant • Location: 2417 E 20th Street • Existing Zoning: LNC: Local Neighborhood Commercial • Request: Rezone to GC: General Commercial to allow for adult cannabis retail sales. • Property is 0.25 acres with two existing structures • The front commercial building is 1520 square feet • The rear building is 1008 square feet Zoning 2  Aerial View Street View East Side View 3  Staff Analysis • The proposed zone change to GC: General Commercial is consistent with the 2040 Comprehensive Plan designation of Commercial Mixed Use. • Retail use is consistent with other uses along this section of 20th Street. • This corridor is fully developed. Uses that are not typically allowed in Local Neighborhood Commercial, like theaters, community facilities, larger (box) retail stores would not fit on this property. • Parking is adequate. One van accessible parking space will be required to be installed in front on the building. • Staff has determined this is not spot zoning. Public Notice • Letters were sent to 12 surrounding property owners. • One letter in opposition was submitted by the owners of 2404 E 20th, directly across the street from the subject property. Letter of Opposition 4  Staff Recommendation • The Community Works Department recommends approval of Petition ZC 23-29, a request from Jason Valdez, for a zone change from LNC: Local Neighborhood Commercial to GC: General Commercial to develop an adult cannabis retail sales store with the following conditions: 1. All necessary building permits shall be obtained. 2. One van-accessible ADA parking space shall be installed in the front of the building. 3. Facility shall comply with all State security regulations. 4. Zone change approval is contingent on approval of waiver request of the 300-foot distance requirement from a religious institution (CV 23-30). Discussion The Commission Asked Staff: 1. The letter of opposition stated their concern regarding adequate parking. Does the City feel there is enough customer parking for the proposed use? 2. Will the entire property move from LNC to General Commercial? What is the use for the brown building on the back of the property? 3. Shouldn’t the owners try to bring the entire property into compliance? 4. Would it be appropriate for staff to consider a no change zone change for 2415 E. 20th St. to give it some consistency? Staff Replied: 1. Yes, for the retail space we require six parking spaces. Staff has determined there is adequate parking for the use proposed. 2. That is correct, the building on the back of the lot has been used as a residence for several years and is considered legal non-conforming. 3. The legal non-conforming status for that portion of the property will transfer and remain legal non-forming as long as it remains a residence. What makes this legal is the use has been continuous through all the zone changes that have been overlaid on this property. The property owner did sign off on the cannabis variance application, so they are aware of what is being requested. If the owner at some point wants to revert the residence structure to commercial, he can. If it was zoned commercial, the owner could not bring in a big box store or a moving theater. It would have to be something that would be complimentary to the local neighborhood commercial uses. 4. Yes, it would be appropriate and it would fit in with our long range planning efforts. Staff is looking at the commercial corridors to see if we need to address some of these inconsistencies. 5 Petitioner Jason Valdez, 3109 N. Mesa Verde Ave., Farmington NM Mr. Valdez stated that the owner of this property is aware of the proposed use, and has signed off on it. The owner also wants to sell this property on a real estate contract, Mr. Valdez is in negations to purchase the property. The Commission had no questions for the petitioner. There were not affected parties or interested parties that would like to address the Commission. Motion A motion was made by Commissioner Hanson and seconded by Commissioner Cardon to approve ZC 23-29 as presented by staff. The motion carried 5-0. PETITION NO. CV 23-30 – A request for a waiver of the 300-foot distance requirement of a cannabis adult retail facility from a religious institution. Located at 2417 E. 20th St. Planning Manager Escobar presented the following: Petition • Applicant: Jason Valdez, possible tenant • Location: 2417 E 20th Street • Request: a waiver of the required 300-foot distance from a religious institution to a cannabis facility • Property is 0.25 acres with two existing structures • The front commercial building is 1520 square feet • The rear building is 1008 square feet 6  Zoning Aerial View 7  Street View Property Boundary View 8  Aerial View of Property Boundary Staff Analysis • 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 • Since July 2022, the Planning & Zoning Commission has recommended approval of three requests for a waiver of the 300-foot distance requirement: 109 W Broadway – High Altitude Exotics 1930 San Juan Blvd – Kannabis Klub 419 W Main – Hristopolous • City Council approved two of these petitions. The petition for 419 W Main will be heard by City Council on April 25. 9 • There is an existing dispensary, The Green House, located at 1901 E 20th at the southeast corner of Schofield and 20th. • No negative impacts have been noted related to the existing cannabis businesses in the area. • The entrance of the building on the subject property faces 20th Street. The entrance for the church building faces Fairview Ave. It is approximately 480 feet from front door to front door. • In staff’s opinion, this storefront on a busy commercial corridor is an appropriate location for an adult cannabis facility. Although the subject property shares a boundary with the church facility, there is no direct line of site between the facilities. Property Boundary Public Notice • Letters were sent to 12 surrounding property owners. • One letter in opposition was submitted by the owners of 2404 E 20th, directly across the street from the subject property. 10  Letter of Opposition Staff Recommendation • The Community Works Department recommends approval of Petition CV 23-30, a request from Jason Valdez, owner of Zia Toke, for a waiver of the 30-foot distance requirement from a religious institution with the following conditions of approval: 11  1. All necessary building permits shall be obtained. 2. One ADA Van Accessible parking space shall be demarcated in front of the building. 3. Waiver of the distance requirement is contingent upon approval of ZC 29-29, a request to rezone the subject property from LNC: Local Neighborhood Commercial to GC: General Commercial. Discussion The Commission had no questions for staff. Petitioner Jason Valdez, 3109 N. Mesa Verde Ave., Farmington NM Mr. Valdez stated there are shops popping up all over town, and that cannabis was legalized to increase tax revenue for the State of New Mexico. This is supposed to be a two million dollar market. We are competing against stores from Colorado who have 10 years’ experience and they are mopping up the floor with us. The first month we had $500,000, second month $600,000, so it probably is a two million dollar market. They want to keep the tax revenue local from the sales of cannabis. Right now dispensaries from Colorado and Albuquerque have almost 60% of the market share. There are 17 dispensaries right now that are doing $18,000 to $30,000 a month, he does not think that is sustainable and that roughly 40% of these dispensaries will probably be closing. He feels their customers will go to The Greenhouse, a Colorado dispensary located up the street, which the owner and its employees live in Durango. He stated, yes we will be getting excise tax and gross receipts tax, but not taxes from their employees spending money in Farmington, and any donations made will go to Colorado. They are trying to keep the money here in Farmington, their basis to opening another dispensary is to capture the customers from the shops that end up closing. They have a good reputation and are sitting about fifth or sixth in monthly gross sales. Their sales are behind the Colorado and Albuquerque dispensaries, but for local dispensary sales, they are in the top three. He added the top three Farmington dispensaries are working together so the market won’t get taken over by dispensaries that are not local. 12 Petitioner Jason Valdez presented the following: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Commission had no questions for Petitioner Valdez. 29  Affected Parties Steve Carrington, Pastor at United Pentecostal Church, 1900 N. Fairview Ave., Farmington NM Pastor Carrington stated he came to oppose this variance. He added as a Pastor he does have concerns regarding this market and what it is doing to people and families, even if it is for medicinal purposes. There are about 30 – 50 youth at the church (the larger building, that backs up where his shop would be) every Friday evening. He opposes this because it is so close and he feels he needs to protect the people he is trying to pastor. Pastor Carrington added he had a family in the church, the father injured his back and used medical marijuana, against his advice. He added that he needed to be cautious of the addictive nature. In time the wife was using it as well and the father was using it for more than just back pain. Before long, the children were using it and now the parents are divorced. He appreciates the 300 foot variance and he wanted to come in person and ask that the variance not be granted. The Commission had not questions for Pastor Carrington. Petitioner Valdez Addressed the Commission: Mr. Valdez believes they are generalizing a product, yes it can be abused, but it does help people. He added that he does not think it is fair to grant variance to some locations and not grant it to others. The Commission Asked Petitioner: 1. You currently have one dispensary? Have you had any issues of any kind? 2. If you had an issue from another business owner, would you be willing to deal with that? 3. This dispensary if for retail sales only? No smoking of the marijuana allowed? 4. Do you see foot traffic coming in to purchase marijuana? 5. You say you are only having a small sign, is that correct? Petitioner Replied: 1. Yes, we have dispensary. We have had zero issues. 2. We would absolutely deal with it. 3. Yes sir, retail sales only for recreational and medicinal. Per state law, no smoking is allowed. 4. Possibly, but the majority is automobile traffic. 5. The sign will go in the existing stand, it will be approximately 4’ x 3’. Commission Discussion With no commission discussion needed, Chair Freeman called for a motion. 30  Motion A motion was made by Vice Chair Brown and seconded by Commissioner Hanson to approve CV 23-30 as presented by staff. 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 apologized for the confusion on Mr. Nygren’s application. We will get it straightened out and re-published. On the May 11, 2023 meeting we will have out first discussion changes to the cannabis regulations requested by Mayor Duckett. He wants us to look at adopting a 300 foot restriction for residential. City Attorney Breakell has drafted up and ordinance, we can add to or detract from that, then it will move forward to City Council. At the May 25, 2023 Planning & Zoning meeting, we have a presentation from Olivia Groeber, our MPO Planner, on the Bike and Pedestrian trail update. Chair Freeman you had inquired about signage on windows. Cannabis facilities, if they have product or anything related to the produce visible they have to block their window. That is why we are seeing that around town. They denied the cannabis variance for 417 W. Main St. based on the input from the First Presbyterian Church. At Tuesday’s meeting, City Council unanimously approved the zone change at 702 N. Allen Ave. which you had recommended for approval. Adjournment: With no further business, a motion to adjourn was made by Commissioner Ragsdale and seconded by Commissioner Cardon. The motion carried unanimously 5-0 and the meeting was adjourned at 4:14 p.m. _______________________________ _________________________________ Clint Freeman Tami Spencer Chair Administrative Assistant 31 32  COMMUNITY WORKS PETITION REPORT Petition ZC 23-21 121 N Behrend Ave A. STAFF REPORT, April 27, 2023 PROJECT INFORMATION Applicant Scott Nygren Representative Same Date of Application March 6, 2023 Requested Action Zone Change request from CB: Central Business to PD: Planned Development to allow for the addition of a two-unit prefab residence, legalize the existing non-conforming residential use and allow for low impact commercial use, retail and office, in the future. Location 121 N. Behrend Ave R0027843 Existing Land Use Residential (non-conforming) Existing Zoning CB: Central Business 2040 Future Land Downtown Use Designation Surrounding North: MU: Frontline Mission Zoning & Land Use South: CB: Pals Private Duty and Homecare East: CB: Mason Lodge and Parking Lot West: CB: Locke Streets Eats Food Court Notice Publication of Notice: April 12, 2023 and May 4, 2023 Farmington Daily Requirements Times Property owners letter: April 11, 2023 and April 28, 2023 Sign posted: April 14, 2023 Staff Planner Beth Escobar, Planning Manager STAFF ANALYSIS PROPOSAL The petitioner is requesting a zone change from CB: Central Business to PD: Planned Development. The petitioner wishes to add a 2-unit modular building to the parcel. There is an existing structure on the property that is currently used as a residence. This is a non-conforming use. This building was constructed in 1895. This 824 square foot building faces Behrend and was the Hippenmeyer House and later became the location of the telephone company. Property is part of the Locke’s Addition No. 2 platted in 1903. The property is 0.16 acres, 6,969.6 square feet, and centered between Arrington and Main St. 33  City of Farmington ZC 23-21 121 N Behrend Ave The shed shown on the zoning map has been removed. The petitioner also wishes to retain the right to allow for commercial uses in the existing Central Business zoning in the existing structure. The petitioner is proposing to place a pre-fab, modular duplex residential unit or two separate prefab units on the subject property. Each unit will be 600 square feet and have two bedrooms and face west towards the alley. Three parking spaces, including one ADA van accessible space would be required for the two housing units. A 20-foot wide aisle way onto the property from the alley must provide access to the duplex. On-street parking on Behrend Avenue is available for guests. Residents of the new duplex also have the opportunity to use the existing parking on the east side of the subject property. In order to fit the proposed duplexes and the required parking spaces, the existing fence running north to south across the property will need to be removed. The subject property is 50 feet wide by 140 feet long. There is a 20-foot wide alley to the west. 34  City of Farmington ZC 23-21 121 N Behrend Avenue Zoning 35  City of Farmington ZC 23-21 121 N Behrend Ave Aerial View 36  City of Farmington ZC 23-21 121 N Behrend Ave SAMPLE FLOOR PLAN 37  City of Farmington ZC 23-21 121 N Behrend Ave SAMPLE SITE PLAN 38  City of Farmington ZC 23-21 121 N Behrend Avenue FARMINGTON COMPREHENSIVE PLAN The Comprehensive Plan’s 2040 Future Land Use Map designation is Downtown. Downtown facilities include offices, housing, restaurants, specialty retail, lodging, urban residential living, and cultural and service activities. METROPOLITAN REDEVELOPMENT AREA (MRA) The subject property is located in the Historic Downtown District subarea of the MRA. Per the 2019 Farmington Downtown MRA Plan: ‘Historic Downtown will also benefit from the introduction of housing over time to provide more “feet on the street” and additional market support for businesses.’ 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, providing housing within walking distance of downtown shops and restaurants, conforms to the ‘Downtown’ designation of the 2040 Comprehensive Plan. 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? 39  City of Farmington ZC 23-21 121 N Behrend Ave The proposed zoning of Planned Development will provide much needed housing. The property is walkable to restaurants, retail stores, city facilities and a Red Apple transit stop. There are pockets of residential uses in the Central Business District. C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? None identified. D. Is the proposed density and intensity of use permitted in the proposed zoning district? The purpose of the Planned Development zoning is to allow for creative design and land use. The subject property is 6,970 square feet. The density proposed of three units conforms to the requirements of the Multi-family Medium Density zoning District. The petitioner is asking for reduced setbacks for the new duplex residential units. The duplex will have five-foot side setbacks and a 25-foot front setback. Other residential districts with a 5-foot side setback requirement include SF-7, SF-5 and SF-A. PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to five surrounding property owners. At the time of this report no comments have been submitted. Letters were resent to clarify the proposed uses on the property on April 28, 2023. STAFF CONCLUSION In staff’s opinion, the zone change request is appropriate for the neighborhood, adding a much- needed housing option that is close to employment and services. Retention of typical uses allowed in the Central Business District also makes sense at this location. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition ZC 23-21, a request from Scott Nygren, property owner, for a zone change from CB: Central Business to PD: Planned Development to allow for a placement of two small prefabrication units or one duplex on the western portion of the lot, to allow for a residential use in the existing structure, and to allow for future uses typically allowed in the Central Business District in the existing structure at 121 N. Behrend Avenue. 1. All required building permits shall be obtained. 2. A detailed site plan delineating all dimensions shall be required to be submitted with the building permit. Site plan shall include one ADA van accessible parking space. 3. The existing fence which transects the property shall be removed. 4. One ADA van accessible parking space shall be delineated at the front of the existing structure facing Behrend Avenue. 5. Construction of a barrier shall be required protecting the 20-foot driveway. 6. Parking in the alley shall be prohibited. 40  City of Farmington ZC 23-21 121 N Behrend Ave PROPERTY OWNERS WITHIN 100 FEET NAME1 ADDRESS CITYSTATEZIP FARMINGTON, NM ANIMAS LODGE #15 AF AND AM PO BOX 599 874990599 FRONTLINE MISSION INC AND GRIFFITH DEBBI PO BOX 2635 FARMINGTON, NM 87499 200 N ORCHARD MOFFITTS 4 LLC AVE FARMINGTON, NM 87401 NYGREN INVESTMENT LLC PO BOX 561 FARMINGTON, NM 87499 WEBB PERRY M GST EXEMPTION TRUST AND 653 W ARRINGTON ALL ST FARMINGTON, NM 87401 653 W ARRINGTON WILLIAM AND KIM DUTREMAINE LLC ST FARMINGTON, NM 87401 41  City of Farmington ZC 23-21 121 N Behrend Ave 42  City of Farmington ZC 23-21 121 N Behrend Ave PLANNING MEMO ZC 23-21 DEADLINE: April 6, 2023 City of Farmington Departments CW Planning Manager – B. Escobar CW Addressing – Planning Division CW Chief Building Official – D. Childers See Comment Below: CW Long Range Planner – C. Gibson CW MPO – P. Koeppel No Comment CW Oil & Gas Inspector CITY City Manager’s Office – J. Baird No Comment ELEC Customer Care Manager – L. Richardson ELEC Electrical Engineering –Roberto Ga No Comment FIRE Fire Captain – K. Rix Emergency access was already mentioned, FIRE Fire Marshall – B. Vega so no other comments from the Fire Marshal's Office. LEGAL City Attorney – J. Breakell LEGAL Deputy City Attorney – R. Frost POLICE Code Compliance – M. Romero No Comment POLICE Sergeant – J. Jensen PRCA Parks - R. Crosby PRCA ORII – W. Unsicker CW City Engineer – I. BlueEyes CW Engineering – T. Sitta No Comment CW Streets Superintendent – C. Fuller CW Traffic Engineer – M. Hathcock Need to know if another water meter needs CW Water/Waste Water – D. Dalton to be added for the 2nd living space. Other Entities New Mexico Gas Company – R. Castillo No Comment CenturyLink/Lumens – L. Joe Enterprise Field Services – M. Waszut No Comment Comcast Cable – M. Johnson JACOBS – P. Johnson No Comment Surface Land Negotiator for BP – M. Venzara Farmington School District – C. Lyons COMMENTS AND RECOMMENDATIONS 43  City of Farmington ZC 23-21 121 N Behrend Ave CW – Chief Building Official – D. Childers 1- If these units are manufactured homes (mobile homes) they will need to be HUD approved. 2- If these units are modular buildings they will need a New Mexico Construction Industries approval plate attached to them. 44 To: Planning & Zoning Commission From: Beth Escobar, Planning Manager Date: May 11, 2023 Subject: Revisions to cannabis regulation The Mayor has directed staff to revise the current regulation in the Unified Development Code regarding cannabis to require a 300-foot distance for cannabis facilities from residential uses. A draft resolution with those changes is attached. Also attached is an updated map indicating (by push pin) all or the existing and previously approved cannabis facilities that would have required a variance due to being within 300 feet of a residence. 1 45 46 2.4.67 Recreational cannabis sales. A. Retailers of recreational cannabis shall be licensed by the New Mexico Cannabis Control Division. B. Retail sales are permitted in the CB: Central Business, GC: General Commercial and I: Industrial Zoning Districts only. C. Such uses shall not be permitted within 300 feet of any school (public and private), religious institution, registered daycare center, residential use or from another cannabis 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, residential use or cannabis dispensary.(NMSA Chapter 60-6B-10) D. Sales and consumption is not permitted on public property or in public places as defined in Farmington City Code 18-5-14.E.Business hours shall be daily from eight in the morning till eight in the evening. 2.4.68 Cannabis consumption area. A. Are not permitted within the City of Farmington. 2.4.69 Cannabis, manufacturing and production. A. The manufacturing and production of Cannabis and Cannabidiol (CBD) products is permitted in the RA: Rural Agricultural, GC: General Commercial and I: Industrial Zoning Districts with a Special Use Permit. B. Such uses shall not be permitted within 300 feet of any school (public and private), religious institution, registered daycare center, residential use, cannabis dispensary, or from another commercial cultivation site. 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, cannabis dispensary or other commercial cultivation site. 2.4.70 Cannabis testing laboratory. A. The sampling, collection and testing of cannabis products is permitted in the GC: General Commercial and I: Industrial Zoning Districts with a Special Use Permit. 2.4.71 Cannabis, commercial cultivation. A. The planting, growing, harvesting, drying, curing, grading or trimming of cannabis for commercial use is permitted in GC: General Commercial, PIP: Planned Industrial Park and I: Industrial by Special Use Permit. 47 B. Cultivation of plants must be in a green house or other fully enclosed structure with proper ventilation and must incorporate odor mitigation best practices. C. Such uses shall not be permitted within 300 feet of any school (public and private), religious institution, registered daycare center, residential use, cannabis dispensary, or from another commercial cultivation site. 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, cannabis dispensary or other commercial cultivation site. 2.4.72 Cannabis, personal cultivation. A. Cultivation of six plants per person who are 21 years or older with a maximum of twelve per household with two or more individuals who are 21 years or older, cannabis plants for personal use are permitted in all residential zoning areas. (Must comply with Section 25 of the New Mexico Cannabis Regulation Act.) B. Cultivation of plants must be in a green house or other fully enclosed structure with proper ventilation and must incorporate odor mitigation best practices. 2.4.73 Variance and waiver requests. A. All requests for a variance or waiver to the regulations in section 2.4.41 through 2.4.46 of the Unified Development Code shall be heard by the planning and zoning commission in a public hearing. The commission shall make a recommendation to city council. The city council shall make the final determination. 48