Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive June 15, 2023 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the May 25, 2023 P&Z Meeting 4 Open Meetings Resolution – 2023 5 Petition FP 23-32 – A request from Scott D. Bird, represented by Bob Echols of Cheney-Walters-Echols, Inc. for final plat approval of a 55-lot residential subdivision. Parcel No. R0033344. Sandstone Subdivision at San Juan County Club. Postponed from May 11, 2023 Planning & Zoning Meeting. Presented by Senior Planner Safrany 6 Petition PP 23-38 – A request from Silver Ridge Development, Inc. represented by Bob Echols, Cheney-Walters-Echols, Inc. for a Preliminary Plan approval for a 22-lot subdivision located in the City of Farmington’s Tier I Planning & Platting Jurisdiction. Desert Rose Subdivision Ph. IV. Presented by Senior Planner Safrany 7 Petition FP 23-39 – A request from Mike Hamilton, represented by Scott Martin, Sakura Engineering, for a Final Plat approval for a 26-lot subdivision located in the City of Farmington’s Tier I Planning & Platting Jurisdiction. Mesa Vista No. 8 Replat A. Presented by Senior Planner Safrany 8 Petition SUP 23-40 – A request for a Special Use Permit to allow for cannabis cultivation located at 408 E. Broadway Ave, 0.24-Acre Parcel. Parcel No. R0028619. Presented by Associate Planner Gonzalez 9 Business From Floor: Chairman: Members: Staff: 10 Adjournment Petition items on this agenda will be scheduled for the next City Council meeting – June 27, 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 May 25, 2023 The Planning & Zoning Commission met in a regular session on May 25, 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 Clete Berens Joyce Cardon Gary Hanson Amanda Hodge Cody Waldroup P&Z Members Absent Shay Davis Cheryl Ragsdale Staff Present: Beth Escobar Mike Safrany Joaquin Gonzalez Tami Spencer Others Who Addressed the Commission Orlando Maestas Scott Minard Carlyn Rodahl Brandt Thrower 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 Waldroup to approve the agenda with item No. 5, FP 23-32 and item No. 6, ZC 23-33 being removed. This motion passed unanimously by a 7-0 vote. Approval of the Minutes A motion was made by Commissioner Cardon and seconded by Commissioner Berens to approve the minutes of the May 11, 2023 Planning & Zoning Commission meeting. This motion passed unanimously by a 7-0 vote. Swearing of Witnesses Tami Spencer, Administrative Assistant swore in all parties that wished to speak. Petition ZC 23-31 – A request for a zone change from SF:7 Single Family Residential to GC: General Commercial. Located at 4207 Hudson Street. Parcel No. R0026303. Planning Manager Escobar presented the following: 1  Petition  Applicant: Kenny Kendrick, Ken Investment, LLC  Location: 4207 Hudson Street  Requested Action: Zone Change request from SF:7 Single family residential to GC: General Commercial  Existing Land Use: Vacant residential building  Existing Zoning: SF:7 Single family residential  The subject property is 0.23 acres.  The building is rundown and boarded up and the site has been a code enforcement issue due to vagrants, trash, weeds etc.  The petitioner intends to demolish the existing house, finish the lot with gravel and fence it off. Zoning Aerial View 2  City of Farmington ZC 23-35 414 N Wall Ave. FARMINGTON COMPREHENSIVE PLAN The Comprehensive Plan’s 2040 Future Land Use Map designation is Mixed Use Village. One of the trends noted for this land use designation is to ‘create a better balance between market-supported, commercial-designated area and residential areas’. The general location noted for Mixed Use Village land designation includes ‘small pockets buffering commercial area from Medium Density Residential developments. 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 of GC: General Commercial is consistent with the Mixed-Use Village designation of the 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? GC: General Commercial zoning exists across Hudson Street to the north and Iles Avenue to the east. The first lot on the block is also zoned commercial, however there is no structure on the property and it appears to be used as parking. C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? No immediate adverse impacts are noted. Any future commercial development on the property shall comply with the residential protection requirements of Section 5.10 of the Unified Development Code. Demolition of the existing structures and fencing of the property will resolve current code enforcement issues. D. Is the proposed density and intensity of use permitted in the proposed zoning district? Any future commercial development shall comply with the regulations of the GC: General Commercial District. E. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? Future development on the site shall conform to the requirements of Section 2.8.1 of the Unified Development Code. 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? Access and utilities are already in place. 3  G. 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. The proposed zone change is in conformance with the 2040 Comprehensive Plan. PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to eight surrounding property owners. At the time of this report no comments have been submitted. STAFF CONCLUSION In staff’s opinion, the zone change request is appropriate for the neighborhood and will revitalize a dilapidated property. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition ZC 23-31, a request from Ken Kendrick, property owner, for a zone change from SF:7 – Single Family Residential to GC: General Commercial, to allow for commercial development on the property at 4207 Hudson Street. 1. All required building permits shall be obtained. 2. Future commercial development shall comply with the requirements of Section 5.10- Residential Protection of the Unified Development Code. Commission Discussion The Commission discussed the following:  The Mixed-Use Village designation in comparison to the MU: Mixed Use Zoning District as defined by the Unified Development Code (UDC).  The requirements of the Residential Protection regulations in the UDC.  The surrounding commercial uses, including the location of Citizens Bank.  The purpose of the proposed fencing. The Petitioner was not present. Public Comment: Orlando Maestas, 1309 N Tucker Ave., had a question about the lot lines shown on the property. Planning Manager Escobar explained that these lines are not always accurate. In response to a question from the Chair, Mr. Maestas responded that he had no objection to the zone change to commercial. Motion Having found that the petition complies with the zone change criteria in the UDC and is in conformance with the 2040 Comprehensive Plan, a motion was made by Commissioner Hanson and seconded by Commissioner Waldroup to recommend APPROVAL of Petition ZC 23-31, a request from Ken Kendrick, property owner, for a zone change from SF: 7 – Single family residential to GC: General Commercial with the following conditions: 1. All required building permits shall be obtained. 4  2. Future commercial development shall comply with the requirements of Section 5.10- Residential Protection of the Unified Development Code 3. The existing structures on the property shall be demolished and removed within 6 months of Council approval. The motion was adopted unanimously on a vote of 7-0. 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. Planning Manager Escobar presented the following:  Applicant: Family Crisis Center  Representative: Carlyn Rodahl  Date of Application: April 8, 2023  Requested Action: Zone Change request from LNC: Local Neighborhood Commercial to MU: Mixed Use to allow for a 5-room group care facility with a kitchen, lounge, office and laundry room. This is an extension of the existing Family Crisis Center at 410 N. Wall Avenue  Location: 414 N. Wall Avenue  Existing Land Use: Commercial building, vacant  Existing Zoning: LNC: Local Neighborhood Commercial  The petitioner is requesting a zone change from LNC: Local Neighborhood Commercial to MU: Mixed Use to allow for a 5-room transitional facility. Rooms may be occupied by an individual or a family.  This is an extension of the Family Crisis Center Group Care Facility located at 410 N Wall Ave. Zoning Aerial View 5 Site Plan Floor Plan 6  City of Farmington ZC 23-36 609 S Carlton Ave. FARMINGTON COMPREHENSIVE PLAN The Comprehensive Plan’s 2040 Future Land Use Map designation is Public Facilities. Public Facilities support civic uses including local and state government buildings such as the airport, offices, libraries, museums, theaters, public and private schools, and colleges. Previously categorized as Institutional, these areas should support the community with accessible walkways, central locations, integrated design standards, and supportive transit. Several of the institutional areas are small buildings mixed with other uses downtown, while others are large campuses with large green spaces, dining facilities, and support a large number of employees. The proposed group home facility use is congruent with the Public Facilities land use designation. MRA District The subject property is located within the Civic Center Neighborhood District of the Metropolitan Regional Area Plan. Two strategies for this district listed in the 2019 Downtown Plan are: 1. Revitalize, protect and reinvest in the Civic Center Neighborhood’s residential character. 2. Review, reevaluate, and revise as appropriate Civic Center Neighborhood zoning to support desired land uses and development projects. The proposed rezone and use supports both of these strategies. 7 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: F. Is the proposed zoning consistent with the Farmington Comprehensive Plan? Yes, the proposed zoning, providing a public service, is consistent with the Public Facilities designation. The property is fully developed with sidewalks on the west providing a walkable connection in the area. G. 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 of MU: Mixed Use is compatible with the surrounding area. There is existed MU zoning to the east, south and west. Per UDC Section 3.11, the mixed-use district is intended to accommodate low-intensity mixed-uses with a strong residential character. A group home facility aligns with this intention. The surrounding developments, including the existing Family Crisis facility to the south, the parking to the east, and the park facility to the west are nicely landscaped. Staff is recommending a condition that landscape areas in conformance with Section 5.5 of the UDC be added to the site within one year of issuance of a certificate of occupancy. H. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? No adverse impacts have been identified. With the connection to the existing facility to the south, and the availability of parking along the east, minimum off-street parking requirements as outlined in UDC Sec. 5.2.3.A are met. Staff is suggesting a condition that one van-accessible ADA parking spot be added as close to the south facing entry door as possible. I. Is the proposed density and intensity of use permitted in the proposed zoning district? Group care facilities are not subject to zoning district density standards, however the propose structure conforms to the density and dimensions of the Mixed-Use District. J. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? The site as proposed meets all of the relevant regulations of the Unified Development Code. Existing buildings and structures will be utilized. A building permit has been submitted for interior building improvements. 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? Access and utilities are already in place. G. Does the proposed change constitute “spot zoning” as defined in Article 11, definitions? 8  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. The 2040 Comprehensive Plan’s Future Land Use Map designates this area as Public Facilities which permits institutional uses. PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to 12 surrounding property owners. At the time of this report no comments have been submitted. STAFF CONCLUSION  The proposed use is in compliance with the Unified Development Code density standards outlined in UDC Sec. 2.8 as well as the standards for group care facilities outlined in UDC Sec. 2.4.25.  The proposed zone change and use is consistent with the 2040 Comprehensive Plan.  The proposed zone change and use is compatible with the surrounding area and nearby uses. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition ZC 23-35, a request from Family Crisis Center, property owner, for a zone change from LNC: Local Neighborhood Commercial to MU: Mixed Use to allow for development of a group care facilities in an existing structure on a 0.36 square foot-property at 414 N. Wall Avenue with the following conditions: 1. All required building permits shall be obtained. 2. One ADA van accessible parking space shall be delineated by the front door. 3. Landscaping in conformance with the Section 5.5 of the UDC shall be installed within a year of issuance of a certificate of occupancy. Commission Discussion The Commission discussed the following:  The lot has existing asphalt.  The property will be fully fenced by a solid wall.  Access will be through the secured existing parking area Petitioner Discussion Carlyn Rodahl, architect, explained the following to the Commission:  There is ADA parking on the existing site that will be connected to the new building via an ADA walkway.  The subject parcel will be fully fenced with a solid masonry wall  The petitioner will be investigating future xeriscape landscaping possibilities Brandt Thrower, board member for Family Crisis Center, provided a summary of the project for the Commission. Planning Manager Escobar advised the Commission that this project was discussed in general at the May 23, 2023 City Council meeting as part of the presentation for FFY 23 CDBG Public Service funds. Public Input There was no public comment on this petition. 9  Motion Having found that the petition complies with the zone change criteria in the UDC and is in conformance with the 2040 Comprehensive Plan, a motion was made by Vice Chair Brown and seconded by Commissioner Cardon to recomment APPROVAL of Petion ZC 23-35, a request from the Faily Crisis Center for a zone change from LNC: Local Neighborhood Commercial to MU: Mixed Use to allow for development of a 5-unit group care facility at 414 N Wall Street with the following conditions: 1. All required building permits shall be obtained. 2. Landscaping in conformance with the Section 5.5 of the UDC shall be installed within five years of issuance of a certificate of occupancy. The motion was adopted unanimously on a vote of 7-0. Petition ZC 23-35 – A request for a zone change from IND: Industrial to MF:L Multi-family low density for a property located at 609 S. Carlton. Commission Berens recused himself due to a conflict of interest. Senior Planner Mike Safrany presented the following: Petition  Applicant: CDW Development, LLC  Representative: Cecil Tullis  Date of Application: March 12, 2023  Requested Action: Zone Change from IND: Industrial to MF-L: Multi-family Low Density Residential  Location: 609 S Carlton Ave.  Existing Land Use: Existing manufactured home on 35,284 sf (.81 acres)  Existing Zoning: IND: Industrial  The applicant is requesting a zone change from an IND, Industrial District to an MF-L, Multi-family Low Density Zone District.  The 3.52-acre parcel currently consists of an existing 15,000 square foot industrial shop and a legal non-conforming residential doublewide (28 x 60) manufactured home. The residence has accessed the property from S Carlton Ave. by driving through the industrial yard being used by the existing business.  A Summary Plat has been recorded on May 2, 2023 to divide the parcel into two lots, Lot 1 (2.71-acres) and Lot 2 (0.81-acres). 10 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. 11  ZONING MAP OVERHEAD VIEW 12 SUMMARY PLAT RECORDED MAY 2, 2023 N ALLEN AVENUE FACING SOUTH 13 N ALLEN AVENUE FACING NORTH HOPI AVENUE FACING WEST 14 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 McCormick School Road. 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. The subject property is located on the east edge of a square mile of Multi-family low-density zoning, and several blocks of Industrial zoning directly to the east. C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? No adverse impacts are expected. The uses are already existing, legal non-conforming. D. Is the proposed density and intensity of use permitted in the proposed zoning district? Yes, along both sides of McCormick School Rd. there is existing Multi-family low density zoning, appropriate for the existing single-family residence on the site. One block to the east along the west side of Carlton Ave. the entire street is zoned industrial, appropriate for the existing business on the east side of the subject property. E. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? The site is currently physically suitable for the existing business and the existing single- family home. 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 MF-L, Multi-family residential lots with a strip of Industrial zoning along Carlton where the existing business will continue to operate. The 2040 Comprehensive Plan shows Medium Density Residential uses with Commercial Mixed Use in the area. PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to seven surrounding property 15 owners. At the time of this report no public comment has been received. STAFF CONCLUSION Staff concludes the zone change from Industrial to MF-L, Multi-family Low Density Residential for Lot 2 of .81 acres 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 23-36, a request from CDW Development, LLC represented by Cecil Tullis, for a zone change from an Industrial district to an MF-L, Multi-family low-density residential district. COMMISSION DISCUSSION  Per staff’s review comments, a six-foot-high masonry wall is required between the industrial parcel and residential parcel  A separate water meter should be installed on the residential unit  The zone change request only applies to lot 2 as shown on the summary plat The petitioner was not present at the meeting. PUBLIC INPUT Scott Minard, owner of property at 718 McCormick School Road requested clarification regarding the location of the access to the multifamily lot. Staff pointed out the existing access easement north of the fire station. Mr. Minard stated he had no objections to the zone change Motion Having found that the petition complies with the zone change criteria in the UDC and is in conformance with the 2040 Comprehensive Plan, a motion was made by Commissioner Waldroup and seconded by Commissioner Hanson to recommend APPROVAL of petition ZC 23-36 a request for a zone change from IND: Industrial to MF-L: Multi-family low density residential for a property located at 609 S. Carlton Ave as presented by staff. The motion passed unanimously 6-0. Commissioner Berens returned to the dais. 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 shared with the Commission that the City Council approved ZC 23-21 for the zone change request 121 N Behrend. The annual open meeting resolution will be on the Commission’s June 15 agenda. 16 Adjournment: With no further business, a motion to adjourn was made by Commissioner Waldroup and seconded by Commissioner Cardon. The motion carried unanimously 7-0 and the meeting was adjourned at 4:13 p.m. _______________________________ _________________________________ Clint Freeman Beth Escobar Chair Planning Manager 17  COMMUNITY DEVELOPMENT STAFF REPORT Final Plat Sandstone at San Juan Country Club Petition No. FP 23-32 A. STAFF REPORT, June 5, 2023 PROJECT INFORMATION Applicant Scott D. Bird Representative Robert Echols of Cheney-Walters-Echols Date of Application March 30, 2023 Requested Action Final Plat Approval Location Property is in San Juan Country Club. Parcel #R0033344 Existing Zoning SF-10 Surrounding North: RE-2: Single-Family Residential South: SF-10: Single-Family Residential Zoning and Land East: RE-20: Vacant Use West: RE-2: Single-Family Residential Subdivision Class Class 1 Notice Final Plat submittals do not require notice Staff Planner Mike Safrany, Senior Planner SUBDIVISION INFORMATION Number of Lots 55 Lots Acres of Land 26.04 Lot Size 7,000 – 22,750 square feet Utilities Water: Per City Standards Sewer: Per City Standards Electric: Per FEUS Engineering Access & Per City Standards Circulation Street Lights Per City Standards Street Sign Per City Standards Fire Hydrants Per City Standards Drainage Per City Standards P & R’s Fees Per City Standards NBU Mail Box Coordinate with USPS 19  Staff Report FP 23-32 Sandstone at SJCC Subdivision GENERAL INFORMATION Petitioner is requesting final plat approval of a 55-lot subdivision in Tier I of the City of Farmington municipal boundary. San Juan County Tax Assessor’s records show that the size of the property is 26.04 acres. The lot is currently vacant. An existing storm water pond is located on a 1.58-acre parcel to the north of the project, that is part of this plat. There will be a 6.86-acre parcel designated as open space, and a 2.15-acre parcel designated as open space. A third access to the subdivision (Lakewood extension) will connect at Club House Drive East heading north and connecting to Lakewood Street. The subdivision will be developed to City standards for a PD - Planned Development residential subdivision with a community center and/or medical aid center. Lot sizes range from 7,000 square-feet to 22,750 square-feet. The Preliminary Plan for this subdivision was approved by City Council on August 23, 2022. STAFF ANALYSIS Per Section 8.8.4 of the Unified Development Code (UDC), all subdivisions shall comply with the following minimum standards: A. Design and improvement standards. All subdivisions shall be designed and constructed in accordance with applicable requirements of: (1) Article 5, development standards; and (2) Article 6, subdivision design and improvements. Staff Comments: The final plat complies with the approved preliminary plan and the requirements of Article 5 & 6. B. Waivers. The commission may recommend and the council may approve, approve with conditions, or deny waivers of the standards in section 6.4, subdivision design standards, during the platting process. Staff Comments: No waivers are requested for this application. C. Zoning consistency. All subdivisions and the resulting lots shall be consistent with the requirements of the applicable underlying zone district. Staff Comments: The plat is consistent with the approved zone change to a PD - Planned Development zoning district, Petition ZC 22-62. D. Comprehensive plan consistency. All subdivisions shall be reviewed for consistency with the comprehensive plan, and every plat approved by the city shall constitute an amendment, addition or a detail of the comprehensive plan or part thereof adopted by the commission. Staff Comments: The 2040 Comprehensive Plan Land Use map designates this area as Medium Density Residential (4 to 20 dwelling units per acre lot). 20  Staff Report FP 23-32 Sandstone at SJCC Subdivision 2040 Comprehensive Plan Land Use Map Current Zoning Map 21  Staff Report FP 23-32 Sandstone at SJCC Subdivision ISSUES IDENTIFIED DURING INITIAL REVIEW It is required prior to Final plat submittal to provide a plat showing a dedicated right-of-way connection to Lakewood Drive. All land proposed as common open space shall substantially meet the criteria found in section 5.9.1 of the UDC. At least ten percent of the gross land area in planned unit developments must consist of common open space. There will be no further subdivision of the property. Engineering Staff –Toni Sitta 1) City Engineering Staff has reviewed the Final Plat and it does not appear that the drainage concerns mentioned in the Preliminary Plan have been addressed: a. Contours within the Preliminary Plan Submittal PP 22-58 indicate that there is a drainage channel that continues from the Final Plat proposed pond location No. 2 through the lots 16 and 17. i. A natural drainage way should not be dead ended in a pond. A pond should be a control feature designed to a minimum standard to control the outflow of the natural drainage feature in a design storm event. An outlet and overflow should be designed or incorporated in the subdivision plans for the safety of potential residents in Lots 16 and 17. b. Contours from the PP 22-58 submittal also indicated that there is a natural drainage way that goes through the proposed lots 43 and 44. Historical flooding has occurred in Lots 445 and 446 of the San Juan Country Club Subdivision Phase 2 No. 4 from this natural drainage way. c. A minimum 40 foot drainage easement is requested to be shown on the plat for the existing natural drainage ways of concern. d. Please revise the drainage report for this final plat to address, with engineering calculations and design, the natural and historic drainage features that cross this property, to include the outlet to the ponds and natural drainage that crosses from the west. 2) City Engineering Staff does not recommend the acceptance of dedication of the existing detention pond (Lot 58) unless the following information can be provided, reviewed, and inspected by City Engineering or designated representative. Any and all deficiencies should be corrected by the petitioner or developer to the satisfaction of the City prior to the City’s acceptance of dedication for any facility: a. Construction Plans and As-built Plans for the detention pond; b. Maintenance report of the pond by the developer; and c. The right of City staff or representative to inspect the pond for structural and maintenance deficiencies and any noted issues to be corrected by the developer. 22  Staff Report FP 23-32 Sandstone at SJCC Subdivision 3) City Engineering recommends a meeting with the Petitioner and the Engineer of Record regarding the drainage issues and concerns of this proposed development. CenturyLink/Lumens - L. Joe Lumen – Developer will need to coordinate with Lumen for any communications to be extended into this development. Lumen will provide a cost estimate for communication services. Developer may contact Engineer Laurence Joe for this portion of the development. CW – Planning Manager – B. Escobar Per Section 6.4.6 of the UDC, please show the connection of Lakewood Drive to the north on the plat. Rezoning approval was for a PD, not PUD, please correct plat title Please add notation to the plat indicting uses of lot 13 & 14. CW – Addressing – Planning Division Big Cedar Circle should be renamed to avoid confusion. This street does not meet the definition of a circle per the COF’s addressing policy. Should be road. Because Country Club Road splits, they should be labeled east and west. (eme) 23 Aerial Map of Surrounding Area 24  Staff Report FP 23-32 Sandstone at SJCC Subdivision FINAL PLAT - Sheet 1 25  Staff Report FP 23-32 Sandstone at SJCC Subdivision FINAL PLAT - Sheet 2 26  Staff Report FP 23-32 Sandstone at SJCC Subdivision FINAL PLAT - Sheet 3 27  Staff Report FP 23-32 Sandstone at SJCC Subdivision STAFF CONCLUSION Staff concludes approval of Petition FP 23-32, Sandstone at San Juan Country Club Final Plat, a Class 1, 55-lot subdivision in Tier I of the City of Farmington’s Planning & Platting Subdivision is appropriate. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition FP 23-32 a submittal from Scott D. Bird, represented by Robert Echols of Cheney-Walters-Echols, Inc. for a final plat approval of a Class 1, 55-lot subdivision of one undeveloped 26.04- acre parcel located in San Juan Country Club. Staff recommends the following conditions of approval, to be finalized and approved prior to recording of the Final Plat: 1. All technical corrections to the plat and construction drawings will be finalized and approved, including the drainage report and any noted issues in this report, redline letters and emails. 2. The proposed 60-foot right-of-way to Lakewood Drive shall be acquired and recorded. 3. A subdivision agreement shall be required. 4. All deficiencies for the existing detention pond (Lot 58), should be corrected by the petitioner or developer to the satisfaction of the City. 28  Staff Report FP 23-32 Sandstone at SJCC Subdivision 29  Staff Report FP 23-32 Sandstone at SJCC Subdivision 30  Staff Report FP 23-32 Sandstone at SJCC Subdivision 31  Staff Report FP 23-32 Sandstone at SJCC Subdivision 32  COMMUNITY DEVELOPMENT STAFF REPORT Preliminary Plan for Desert Rose Subdivision Phase IV Petition PP 23-38 A. STAFF REPORT, June 5, 2023 PROJECT INFORMATION Applicant Craig Stoabs, Silver Ridge Development Inc. Representative Bob Echols, Cheney-Walters-Echols, Inc. Date of Application April 19, 2023 Requested Action Preliminary Plan Approval Location Not addressed. Parcel is just west of the Animas Subdivision south of E Pinon Hills Blvd. Existing Zoning SF – 7, Single-Family Residential Surrounding North: SF-10, Undeveloped Single Family Residential South: SF-7, Single Family Residential Zoning and Land East: SF-5, Single Family Residential Use West: SF-7, Undeveloped Single Family Residential Subdivision Class Class 1 Notice Preliminary Plans do not require notice Staff Planner Mike Safrany, Senior Planner SUBDIVISION INFORMATION Number of Lots 22 lots Acres of Land 6.78 Acres Minimum Lot Size 7,000 square feet (7,205 square feet is the smallest lot proposed) Utilities Water: Per City Standards Sewer: Per City Standards Electric: Per FEUS Engineering Access & Per City Standards Circulation Street Lights Per City Standards Street Sign Per City Standards Fire Hydrants Per City Standards Drainage Per City Standards P & R’s Fees Per City Standards NBU Mail Box Coordinate with USPS 33  Staff Report PP 23-38 Desert Rose Subdivision Phase IV Page 2 GENERAL INFORMATION The petitioner is requesting preliminary plan approval for the Desert Rose Subdivision Phase IV, a Class 1, 22-lot subdivision on a 6.78-acre undeveloped parcel located west of the Animas Subdivision. A zone change was approved (Petition 1758) for this parcel by the Planning & Zoning Commission on October 14, 1999 and approved at City Council on October 26, 1999. The zone change went from an R-1A Single Family Residential District to an R-1B Single Family Residential District. This zone change is equivalent from an SF-10 to an SF-7 zone change in our current zoning standard. Phases 1-3 of the Desert Rose Subdivision are almost completely built out. The Preliminary Plan proposes a continuation of Camellia Street and Beckland Drive to the north with Street A and Street B running east and west linking the two forming a street block in the center of the development. To the west of Beckland Drive, between Street A and Street B is a future connection heading west. This street is not aligned with either Street A or Street B due to natural rock formations to the west, constraining development options heading west. The cul-de-sac on the west side of Beckland Drive will allow access to future parcels while preventing vehicles from backing onto Beckland Drive. A temporary cul-de-sac will terminate Beckland Drive to the north until further development progresses. Previous plans have shown Bering Street to the east connecting to Camellia Street. This has been revised to show Bering Street dead end behind Lot 18 of the preliminary plan. Traffic has reviewed and approved this revision. ISSUES IDENTIFIED DURING INITIAL REVIEW Engineering Staff –Toni Sitta: 599-1399 and tsitta@fmtn.org According to the City of Farmington Unified Development Code Section 13.2.12 Preliminary Subdivision Plat Review, this submission in incomplete and cannot be reviewed by Community Works Engineering at this time. Please see the missing documents and studies below: 1) A drainage report has not been received by the City for review. This is a requirement of the preliminary plan review. a. A master drainage report was not included with the 1999 Master Plan drawing. b. The proposed Phase IV has not been studied for storm water impacts to adjacent subdivisions and properties. c. The drainage report must include the details of UDC 13.2.12.L and address the requirements of UDC 6.4.14 Additional notes and concerns noted: 34  Staff Report PP 23-38 Desert Rose Subdivision Phase IV Page 3 1) Bering Street should not be left at a dead end from the adjacent Animas Subdivision to the east. According to the 1999 Master plan for the Desert Rose Subdivision, Bering St was proposed to connect through to Camellia St. Engineering Staff –Isaac Blue Eyes: 599-1316 and iblue_eyes@fmtn.org From a traffic engineer's opinion, it would be nice to have Bering Street connect east into English Road as that was the original plan for the area, but the Traffic Engineering Division currently does not have a plan or code that supports this opinion. Only that it would improve connectivity for the area. Therefore, being that Desert Rose Subdivision Phase 4 meets the UDC standards for accesses via Artic Street and Beckland Drive (and later via Pinon Hills Boulevard), it seems like Mr. Stoabs may proceed with his proposal to forgo the connection of Bering Street. Fire Marshall – Brandy Vega (505) 599-1439 bvega@firenet.org • Hydrant infrastructure must be approved and put in and street widths must be sufficient. Century Link/Lumens – L. Joe laurence.joe@lumen.org • Developer will need to coordinate communications extension into new lots, there may be costs associated with the extension build. Developer can contact Lumen engineer Laurence Joe for further information. Laurence Joe May 4, 2023 35  Staff Report PP 23-38 Desert Rose Subdivision Phase IV Page 4 Planning Division – Mike Safrany 599-1333 and msafrany@fmtn.org 1. Driveway widths at Lots 12,15,16 do not meet the minimum 50 feet lot width requirements. UDC, Section 6.4.5.A(2). 2. Bering St. dead ends behind lots 17 and 18. 3. Continuation to future development to the west does not line up Street B. UDC, Section 6.4.7B. 4. Under Plat notes, remove Lot No. 11 as not having direct driveway access to Beckland Ave. 5. What is the purpose of the bump along the west side of Beckland Drive? Per Section 8.8.4 of the Unified Development Code, all subdivisions shall comply with the following minimum standards: A. Design and improvement standards. All subdivisions shall be designed and constructed in accordance with applicable requirements of: (1) Article 5, development standards; and (2) Article 6, subdivision design and improvements. Staff Comments: Through staff review, the plat as presented meets, or will be required to meet through stipulations of approval, development standards and design and improvement requirements. B. Waivers. The commission may recommend and the council may approve, approve with conditions, or deny waivers of the standards in section 6.4, subdivision design standards, during the platting process. Staff Comments: No waivers are requested for this application. C. Zoning consistency. All subdivisions and the resulting lots shall be consistent with the requirements of the applicable underlying zone district. Staff Comments: All lots conform to the minimum standards of the SF-7 Single Family Residential Zone, as do the setbacks, which are noted on the plat. D. Comprehensive plan consistency. All subdivisions shall be reviewed for consistency with the comprehensive plan, and every plat approved by the city shall constitute an amendment, addition or a detail of the comprehensive plan or part thereof adopted by the commission. Staff Comments: The proposed single-family use is consistent with the 2040 Comprehensive Plan Land Use map, which designates this area as Medium Density Residential. 36  Staff Report PP 23-38 Desert Rose Subdivision Phase IV Page 5 2040 Comprehensive Plan Land Use Map Current Zoning Map 37 Aerial Map of Surrounding Area 38  Staff Report PP 23-38 Desert Rose Subdivision Phase IV Page 7 Preliminary Plan 39 STAFF CONCLUSION Staff concludes approval of Petition PP 23-38, Desert Rose Subdivision Phase IV, a Class 1, 22-lot subdivision in Tier I of the City of Farmington is appropriate, subject to technical and corrective changes as enumerated in this report. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition PP 23-38, a request from Craig Stoabs, Silver Ridge Development, represented by Bob Echols of Cheney-Walters-Echols, Inc, for a preliminary plan of a Class 1, 22-lot subdivision on a 6.78-acre undeveloped parcel. Staff recommends the following conditions of approval, to be finalized and approved prior to approval of the Final Plat: 1. All technical corrections to the plat and construction drawings will be finalized and approved, including the drainage report and any noted issues in this report, redline letters and emails. 2. A subdivision agreement shall be required. 40 Staff Report PP 23-38 Desert Rose Subdivision Phase IV Page 9 41 Staff Report PP 23-38 Desert Rose Subdivision Phase IV Page 10 42 Staff Report PP 23-38 Desert Rose Subdivision Phase IV Page 11 43  COMMUNITY WORKS STAFF REPORT Petition FP 23-39 A Request for Final Plat Approval for Mesa Vista No. 8, Replat ‘A’ A. PROJECT INFORMATION Applicant Mike Hamilton, Mesa View Development Company Representative Scott Martin, Sakura Engineering Date of Application April 19, 2023 Requested Action Final Plat Approval Location Block 4 and Lot 7, Block 3 located in the NE1/2 of the SW1/4 of Section 18, T29N, R12W, N.M.P.M. is a partially undeveloped parcel located at the eastern terminus of Wildflower Mesa Dr. City of Farmington. Existing Zoning MF – M, Multi-family Medium. Surrounding North: MF-M Undeveloped South: IND - Gravel mining Zoning and Land East: RA – San Juan County Juvenile Detention Ctr. Use West: PD – Mesa Vista #7 Subdivision Class Class 1 Notice Final Plat approvals do not require notice Staff Planner Mike Safrany, Senior Planner SUBDIVISION INFORMATION Number of Lots 26 lots Acres of Land 7.05 Acres Min. Lot Size 6,000 square feet (7,205 square feet is the smallest lot proposed) Utilities Water: Per City Standards Sewer: Per City Standards Electric: Per FEUS Engineering Access & Per City Standards Circulation Street Lights Per City Standards Street Sign Per City Standards Fire Hydrants Per City Standards Drainage Per City Standards P & R’s Fees Per City Standards NBU Mail Box Coordinate with USPS 45  Staff Report FP 23-39 Mesa Vista Subdivision No. 8 Replat “A” Page 2 GENERAL INFORMATION The petitioner is requesting final plat approval for the Mesa Vista Subdivision No. 8, Replat A, a Class 1, 26-lot subdivision on a 7.05-acre undeveloped parcel located east of Mesa Vista Subdivision No 7. The final plat for Mesa Vista No. 8 was approved by the Planning & Zoning Commission on September 16, 2021 and the plat was recorded on September 30, 2021. The plat was approved in conjunction with Cecil’s Subdivision No. 2 Replat A, a recorded Final Plat that carved out a right-of-way from the adjacent parcel to the east to provide a connection of Wildflower Drive to Andrea Drive. The parcel to the east is owned by San Juan County and is the location of the Juvenile Detention Center. Phases 1-7 of the Mesa Vista Subdivision are almost completely built out. Mesa Vista No. 8 is not part of the Mesa Vista Planned Unit Development approved in 2007. The replat proposes a series of east/west cul-de-sacs connected to Lily Street and the removal of the north/south road, Rosita Street along the eastern boundary line adjacent to the detention center. The developer will be responsible for construction of all roads and infrastructure shown on the plat, including one-half of Lauren Road and the detention pond at Sophia and Lauren Street. Upon completion of the detention pond, maintenance will be the responsibility of the Mesa Vista Property Owners Association. This will be noted on the final plat. The developer will also be responsible for construction the extension of Wildflower Mesa Drive to the Andrea Drive intersection, along with the required intersection improvements identified in the Traffic Impact Analysis prepared by the project engineer. A sidewalk will be required on the north side of the Wildflower Mesa Drive. San Juan County has requested that no sidewalk be constructed on the south side of this road extension due to security concerns with the Juvenile Detention Center. The developer will be responsible for the construction of a 6-foot chain link fence with slats along this perimeter. San Juan County has agreed to construct a similar fence along the western property boundary. A non-vehicular access easement (NVAE) is being required for lots whose northern property lines abut Wildflower Mesa Drive. This is to prevent driveway access to this street, which, upon connection to Andrea Drive will be designated as a collector street. Lot 7A at the south end of the plat will also be restricted from accessing Lauren Street. 46  Staff Report FP 23-39 Mesa Vista Subdivision No. 8 Replat “A” Page 3 ISSUES IDENTIFIED DURING INITIAL REVIEW Engineering Staff –Toni Sitta: 599-1399 and tsitta@fmtn.org • Please make the metes and bounds legible. Most of the callouts are hard to read and are buried under property lines. • Please check the lots for survey closure standards. Please review lots 8A, 16A, 17A, 27A and 28A for closure standards. • Please include a COF benchmark elevation with northing and easting on one corner of the surveyed lot. • Please double check the lots for distances and bearings – some are missing. • Please double check the length of the east boundary of the plat. The addition of the lengths of lots on that side do not seem to add up to the listed 1314.75 distance. • Please check the Plat Notes – if the notes do not apply to the Replat A area, please remove from the plat. Century Link/Lumens – L. Joe Lumen - Developer will need to coordinate communications extension into new lots, there may be costs associated with the extension build. Developer can contact Lumen engineer Laurence Joe for further information. Engineering Staff –Isaac Blue Eyes: 599-1316 and iblue_eyes@fmtn.org • Recalculation on drainage for the new street/cul-de-sac layout. • For all cul-de-sacs, storm water shall be sub-surface. An inlet should be installed at the end of each cul-de-sac. Fire Marshall – Brandy Vega (505) 599-1439 bvega@firenet.org • Please submit full size site plan to assure hydrant number and placement are sufficient, road widths are sufficient and also cul-de-sacs are up to code. Planning Division – Mike Safrany 599-1333 and msafrany@fmtn.org • Per Section 6.4.4(A) of the Unified Development Code, a block length shall be at least 400 feet and not exceed 1,200 feet in single family residential areas. This issue will need to be resolved prior to the Preliminary Plan moving forward to the Planning and Zoning meeting. • Also show non-vehicular access easement (NVAE) on Plat drawing in addition to the note. Please include the lots whose north property lines are adjacent to Wildflower Mesa Drive and south property line of Lot 7A, Block 3. • Update Plat notes to correlate correctly with current revisions. • Please note the multiple Cul-de-Sac design does not substantially conform to the recorded plat of the Mesa Vista subdivision. There will be multiple points of contention brought up at the Planning and Zoning meeting such as Rosita Ct. no longer being a buffer between the Detention Facility and the residences. Increased traffic intersections at the Cul-de-Sac streets, awkward curb cuts to driveways limiting right of way parking, and also headlights shining into residences on the west side of Lily St. Staff would also like more detail as to the amount of cost savings this design would provide in lieu of the previous layout. 47  Staff Report FP 23-39 Mesa Vista Subdivision No. 8 Replat “A” Page 4 Per Section 8.8.4 of the Unified Development Code, all subdivisions shall comply with the following minimum standards: A. Design and improvement standards. All subdivisions shall be designed and constructed in accordance with applicable requirements of: (1) Article 5, development standards; and (2) Article 6, subdivision design and improvements. Planning Staff Comments: The final plat complies with the approved preliminary plan and the requirements of Article 5 & 6. Through staff review and comments received from the Planning and Zoning Commission on September 29, 2022, the plat as presented meets, or will be required to meet through stipulations of approval, development standards and design and improvement requirements. 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. 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. The driveway placements and additional intersections were not concerns of the Planning and Zoning Commission at this time. B. Waivers. The commission may recommend and the council may approve, approve with conditions, or deny waivers of the standards in section 6.4, subdivision design standards, during the platting process. Staff Comments: No waivers are requested for this application. C. Zoning consistency. All subdivisions and the resulting lots shall be consistent with the requirements of the applicable underlying zone district. Staff Comments: The plat is consistent with the approved zone change to a PD - Planned Development zoning district, Petition ZC 22-62. D. Comprehensive plan consistency. All subdivisions shall be reviewed for consistency with the comprehensive plan, and every plat approved by the city shall constitute an amendment, addition or a detail of the comprehensive plan or part thereof adopted by the commission. Staff Comments: The 2040 Comprehensive Plan Land Use map designates this area as Low Density Residential (4 dwelling units per acre lot). 48  Staff Report FP 23-39 Mesa Vista Subdivision No. 8 Replat “A” Page 5 2040 Comprehensive Plan Land Use Map Current Zoning Map 49 Aerial Map of Surrounding Area 50  Staff Report FP 23-39 Mesa Vista Subdivision No. 8 Replat “A” Page 7 Preliminary Plat Sheet 51  Staff Report FP 23-39 Mesa Vista Subdivision No. 8 Replat “A” Page 8 Preliminary Plat Sheet 2 52 STAFF CONCLUSION Staff concludes approval of Petition FP 23-39, Mesa Vista Subdivision #8, Replat 'A' Final Plat, a Class 1, 26-lot subdivision in Tier I of the City of Farmington’s Planning & Platting Subdivision is appropriate. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition FP 23-39, a request from Mike Hamilton, Mesa View Development, represented by Paul Martin of Sakura Engineering, for a final plat approval 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, to be finalized and approved prior to recording of the Final Plat: 1. All technical corrections to the plat and construction drawings will be finalized and approved, including any noted issues in this report, redline letters and emails. 2. The Final Plat submitted for signatures, shall show the east extension of Wildflower Mesa Drive connecting to Andrea Drive. See UDC, Section 6.4.6 Subdivision Access. 3. A subdivision agreement shall be required to include previously obligated access connection to Andrea Drive. 53 Staff Report FP 23-39 Mesa Vista Subdivision No. 8 Replat “A” Page 10 54 Staff Report FP 23-39 Mesa Vista Subdivision No. 8 Replat “A” Page 11 55 Staff Report FP 23-39 Mesa Vista Subdivision No. 8 Replat “A” Page 12 56  COMMUNITY WORKS PETITION REPORT Petition SUP 23-40 408 E. Broadway Ascendance Farms STAFF REPORT, June 8, 2023 PROJECT INFORMATION Applicant Coby Jackson Representative N/A Date of Application May 1, 2023 Requested Action Approval of a special use permit to allow for cannabis production cultivation on site. Location 408 E. Broadway Ave Existing Land Use Vacant Existing Zoning General Commercial 2040 Future Land The 2040 Future Land Use Plan designates area as Downtown. The Use Designation proposed sales, manufacturing, and production of cannabis conforms to the specialty retail aspect of the Downtown designation. Surrounding Zoning North: GC: General Commercial & Land Use South: I: Industrial East: GC: General Commercial West: GC: General Commercial Notice Publication of Notice: May 24, 2023, Farmington Daily Times Requirements Property owners letter: March 24, 2023 Sign posted: June 5, 2023 Staff Planner Joaquin Gonzalez, Associate Planner STAFF ANALYSIS Background The applicant is requesting a Special Use Permit (SUP) to allow for indoor production (cultivation) of cannabis at 408 E. Broadway Ave. The petitioner is considering leasing the property, contingent on the SUP approval. The petitioner intends to only have indoor cultivation. The 0.24 acre parcel has one existing building; 4,031 square feet, storage warehouse built in 2008. 57  City of Farmington SUP 23-40 408 E. Broadway Ave Zoning Map 58  City of Farmington SUP 23-40 408 E. Broadway Ave Aerial Map 59  City of Farmington SUP 23-40 408 E. Broadway Ave Area View 60  City of Farmington SUP 23-40 408 E. Broadway Ave Street View 61  City of Farmington SUP 23-40 408 E. Broadway Ave Site Plan 62  City of Farmington SUP 23-40 408 E. Broadway Ave Cannabis Map 63  City of Farmington SUP 23-40 408 E. Broadway Ave Unified Development Code (UDC) UDC 8.9. A. Special Use Permits: The purpose of a Special Use Permit is to allow for discretionary approval of uses with unique operating characteristics. A. Special use permit approvals attach to the property and are transferable to subsequent owners. B. Special Use Permit approval shall expire after 18 months from the date of approval if operation of the approved use has not commenced. C. Time limits shall be set through the conditions of approval. If this SUP was approved, it could transfer to another owner, carrier or tenant. Special Use Permit Criteria – Section 8.9.4 of the UDC Section 8.9.4 of the UDC sets forth the criteria for review of a special use permit. The section states that a SUP may be approved where it is reasonably determined that there will be no significant negative impact upon residents of surrounding property or upon the public. The criteria for approval is listed as follows: A. Effect on environment: The location, size, design, and operation characteristics of the proposed use shall not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants and shall not be substantially or permanently injurious to the neighboring property. Placement of a cannabis facility at this location should not be injurious to the surrounding neighborhood. Surrounding uses are commercial and industrial and the cultivation will be carried out indoors. Ascendance Farms intends to build a secured indoor cannabis cultivation facility and meet the New Mexico Cannabis Control Division requirements. There will be a high resolution security camera and alarm system put in place that is on a 24/7 live feed. A chain link fence runs along the perimeter of the property. Ascendance farms takes a natural approach to pest and mold management and does not use harsh chemicals. The petitioner intends to use a combination of predator bugs having no impact on the natural setting and biology of Farmington, as well as essential oil sprays on immature plants only so there is no residue on consumable products. 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 existing building is in good shape and harmonious with the character of the surrounding area. The building is a storage warehouse 4,031 square feet in size. No exterior modifications will be done to the current storage warehouse. Only employees will be on-site with scheduled deliveries off site. The product will be securely transported from 408. E Broadway to participating dispensaries. 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. 64  City of Farmington SUP 23-40 408 E. Broadway Ave The proposed facility shall comply with industry and state requirements for noise and fumes. A carbon filter system will be installed in order to minimize any potential odor from the cultivation process. 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 proposed cannabis production facility will not have a negative impact on existing infrastructure and services. The subject property has access from Broadway Avenue which is classified as a major arterial by the City’s Major Thoroughfare Plan. The subject property will have ample parking for the proposed use. The City will work with the petitioner to ensure the facility has sufficient water and sewer systems. 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 petitioner meets the requirements of UDC Sec. 2.4.69 & 2.4.71, specifically: • The proposed location is zoned General Commercial, commercial cultivation is permitted in the General Commercial zoning district with a Special Use Permit. • The cultivation of plants will be inside a fully enclosed structure (building) with proper ventilation. • The use is not within 300’ feet of any school, religious institution, registered daycare center, dispensary, or another cannabis facility site. One fully dimensioned ADA van accessible parking space exists on the site. There is an existing barbed wire fence around the storage warehouse. It shall be removed or replaced to meet UDC Sec. 5.4 General Commercial standards. • 5.4.6 Barbed wire and electric fences. : Use of barbed wire, razor wire, and/or electric fences shall be prohibited, except in IND district and the RA district. The 2040 Future Land Use Plan designates area as Downtown. The proposed sales, manufacturing, and production of cannabis conforms to the specialty retail aspect of the Downtown designation. 65  City of Farmington SUP 23-40 408 E. Broadway Ave F. Parcel size: The proposed use may be required to have additional land area, in excess of the minimum lot area otherwise required by the underlying zoning district, as necessary to ensure adequate mitigation of impacts on surrounding land uses and the zoning district. The subject property is 0.24-acres, sufficient for the use proposed. 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. The site plan meets the standards of Section 8.5 and includes the building layout. PUBLIC INPUT Letters were sent to 16 surrounding neighbors and the property was posted with a sign. At the time of this report no public input has been received. 66  City of Farmington SUP 23-40 408 E. Broadway Ave STAFF CONCLUSION The subject property seems to be an appropriate location for a cannabis cultivation facility. Surrounding uses are industrial and commercial. The use is consistent with the 2040 Land Use Plan designation of downtown. The application meets the criteria for approval of a Special Use permit. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition SUP 23-40, a request from Coby Jackson, for a cannabis production (cultivation) facility at 408 E. Broadway Ave in the General Commercial zoning district with the following conditions of approval: 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. The SUP shall be effective for five years, at which time the applicant can renew. 6. The existing barbed wire fence shall be removed or replaced to meet UDC Sec. 5.4 standards prior to a City of Farmington business registration is issued. 67  City of Farmington SUP 23-40 408 E. Broadway Ave PLANNING MEMO COMMENTS SUMMARY SUP 23-40 DEADLINE: May 19, 2023 City of Farmington Departments CW Parking appears adequate for cultivation only with 3 employees. Planning Manager – B. Escobar Any new exterior lighting shall be fully shielded. New signage will require a permit. CW Addressing – Planning Division CW Chief Building Official – D. Childers See Comment Below CW Long Range Planner – C. Gibson See Comment Below: 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 I have "No issues" on this request, but ELEC Electrical Engineering –Roberto Ga application for electric service upgrade is required for added electrical loads. FIRE Fire Captain – K. Rix FIRE Fire Marshall – B. Vega No Comment 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 – D. Henry No Comment CW Water/Waste Water – D. Dalton No Comment Other Entities New Mexico Gas Company – R. Castillo 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 – M. Blades No Comment 68  City of Farmington SUP 23-40 408 E. Broadway Ave COMMENTS AND RECOMMENDATIONS CW – Chief Building Inspector – D. Childers 1- The appropriate plumbing, mechanical, electrical and building permits will need to be issued before construction can begin. 2- I recommend an onsite meeting before construction, with the owner and the fire department and I. CW - Long Range Planner - C. Gibson The 2040 Future Land Use Map designates this area as Downtown, hosting a wide variety of retail, restaurants, services and residential uses. The proposed use of cultivation sales meets the intended specialty retail aspect of the designation. CW - Planning Manager – B. Escobar Parking appears adequate for cultivation only with 3 employees. Any new exterior lighting shall be fully shielded. New signage will require a permit. ELEC - Electrical Engineering –Roberto Ga I have "No issues" on this request, but application for electric service upgrade is required for added electrical loads. 69  City of Farmington SUP 23-40 408 E. Broadway Ave 70  City of Farmington SUP 23-40 408 E. Broadway Ave 71  City of Farmington SUP 23-40 408 E. Broadway Ave 72  City of Farmington SUP 23-40 408 E. Broadway Ave 73  City of Farmington SUP 23-40 408 E. Broadway Ave 74  City of Farmington SUP 23-40 408 E. Broadway Ave 75  City of Farmington SUP 23-40 408 E. Broadway Ave 76