Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive June 29, 2023 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the June 15, 2023 P&Z Meeting 4 Petition SUP 23-42 – A request for a Special Use Permit (SUP) to allow for a Helipad at the new Exceptional Healthcare building to be constructed at 2670 Pinon Frontage Rd. Presented by Senior Planner Safrany 5 Petition ZC 23-45 – A request for a ZC: Zone Change from Industrial (IND) to Multi-Family Medium Density (MF-M) to allow for a two dwelling unit duplex residence, a 0.17 Acre parcel. 605 E Animas Street Farmington, NM 87401 (R0031768) Presented by Long Range Planner Gibson 6 Presentation of the MPO Bicycle and Pedestrian Plan. Presented by MPO Associate Planner Olivia Groeber 7 Discussion regarding Subdivision Agreements and Infrastructure Cost Funding. Presented by Planning Manager Escobar 8 Business From Floor: Chairman: Members: Staff: 9 Adjournment Petition items on this agenda will be scheduled for the next City Council meeting – July 11, 2023 ATTENTION PERSONS WITH DISABILITIES The meeting room and facilities are fully accessible to persons with mobility disabilities. If you plan to attend a meeting and need an auxiliary aid or service, please contact the City Clerk's office at 599-1101 or 599-1106, prior to the meeting so arrangements can be made.  Minutes Planning & Zoning Commission June 15, 2023 The Planning & Zoning Commission met in a regular session on June 15, 2023 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. P&Z Members Present: Chair Clint Freeman Cheryl Ragsdale Clete Berens Gary Hanson Amber Hodge Shay Davis P&Z Members Absent Vice Chair Ryan Brown Cody Waldroup Joyce Cardon Staff Present: Beth Escobar Mike Safrany Joaquin Gonzalez Tami Spencer Others Who Addressed the Commission Bob Echols Craig Stoabs Chris Jackson Coby Jackson Loren Troutner Lyla Troutner 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 Davis and seconded by Commissioner Ragsdale to approve the agenda of the June 15, 2023 Planning & Zoning Commission meeting. This motion passed unanimously by a 6-0 vote. Approval of the Minutes A motion was made by Commissioner Hanson and seconded by Commissioner Ragsdale to approve the minutes of the May 25, 2023 Planning & Zoning Commission meeting with Commissioner Hodge’s first name corrected. This motion passed unanimously by a 6-0 vote. 1 Open Meetings Resolution - 2023 Planning Manager Escobar asked the Commission if there were any changes to the 2022 Open Meetings Resolution. With no changes requested, a motion was made by Commissioner Davis and seconded by Commissioner Berens to approve this resolution. 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 FP 23-32 Sandstone Subdivision at San Juan Country Club – Final Plat approval for 55-lot subdivision in Tier I of Farmington’s Platting Jurisdiction. Parcel No. 0033344. Commission Berens recused himself due to a conflict of interest. Senior Planner Safrany presented the following: Petition • Applicant: Scott D. Bird, property owner • Representative: Robert Echols, Cheney-Walters-Echols • Location: Parcel Numbers R0033344 • Existing Zoning: PD: Planned Development (ZC 22-62) Background • The petitioner is requesting final plat approval for Sandstone at San Juan Country Club Planned Development Plat, Class 1 subdivision, a 55-lot subdivision on an undeveloped parcel totaling 26.05 acres located in the San Juan Country Club. • The proposed subdivision was approved for a zone change (Petition ZC 22-62) from SF- 10: Single Family Residential to PD: Planned Development for an adult living community. • This subdivision will be a gated Adult-Living Community. • There will be no further subdivision of this property. 2 Due to the number of existing lots in the San Juan Country Club Subdivision, a third egress is required for the new development, per UDC, Section 6.4.6.B(3). Two entrances will be provided along the southern edge of the property via extensions of Club House Drive and Big Cedar Road. The third egress is located at the NE corner of the property and extends to Lakewood Drive. Construction Drawings showing access to Lakewood Drive have been submitted. Lot sizes range from 7,500 square feet to 14,700 square feet. A 6.86 acre open space and a 2.15 acre open space will be part of this plat. All land proposed as common open space shall substantially meet the criteria found in Section 5.9.1 of the UDC. Open Space. At least ten percent of the gross land area in planned unit developments must consist of common open space. 3  The Comprehensive Plan designates this area as Medium Density Residential Conclusion 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 parcel totaling 26.04 acres in the San Juan Country Club. Staff recommends the following conditions of approval, to be finalized and approved prior to recording of the Final Plat: Staff Recommendations for Approval • 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. • The proposed 60-foot right-of-way to Lakewood Drive shall be acquired and recorded. • A subdivision agreement shall be required. • All deficiencies for the existing detention pond (Lot 58), should be corrected by the petitioner or developer to the satisfaction of the City. 4  Discussion The Commission Asked Staff: 1. What exactly is a subdivision agreement? Staff Replied: 1. A subdivision agreement is an agreement between the developer and the City that the subdivision will be developed to City standards. It will also be recorded along with the final mylar plat. The agreement will be drafted by Staff, approved by the Legal Department, signed by the developer and then signed by the Mayor before it is recorded. Petitioner’s Representative Robert Echols of Cheney-Walters-Echols, Inc. 909 W. Apache, Farmington NM Mr. Echols wanted to go on the record with how pleased he was with the ability to work with the Community Works Department to get issues resolved and approved while continuing to work on the final plat. He added that he has no problem with the conditions. The Commission Asked Petitioner’s Representative: 1. When we looked at the preliminary plat there were some issues with the sewer, has that been resolved? Petitioner’s Representative Replied: 1. This project will require the installation of an offsite sewer that will start at E. Main St. (Hwy 516) and will run north about a mile to the Sandstone Subdivision, it will tie in there and get rid of the existing lift station. That is part of the improvements that will be approved by Staff. With no Commission discussion needed, Chair Freeman called for a motion. Motion A motion was made by Commissioner Davis and seconded by Commissioner Ragsdale to recommend APPROVAL of Petition FP 23-32 as presented by staff with the following conditions: 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. The motion was passed unanimously on a vote of 5-0. 5 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 Planning Manager Escobar presented the following: Senior Planner Safrany presented the following: Petition • Applicant: Craig Stoabs, Silver Ridge Development Inc. • Representative: Bob Echols, Cheney-Walters-Echols, Inc. • Location: Parcel located just west of the Animas Subdivision and south of Pinon Hills Blvd. • Existing Zoning: SF-7 , Single family Residential • Phase IV (6.78 acres) of the Desert Rose Subdivision Process • The applicant is requesting Preliminary Plan approval per Section 8.8.9.D of the Unified Development Code • The Preliminary Plan review provides for identification of any issues and determination of compliance with all regulations • The Planning & Zoning Commissions is being asked to make a recommendation • Council provides final approval of a Preliminary Plan • The Final Plat may then be submitted Aerial Map of Area 6  Current Zoning Map Overview • 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. • Beckland Drive and Camellia Street will continue northbound into Phase IV of the subdivision. Street A and Street B will run east and west (perpendicular) between the two streets. • Due to natural rock formations, future access to any west development will not align with Street A or Street B, rather be between the two streets. • A cul-de-sac has been created on the west edge of Beckland drive to allow access to future parcels while preventing vehicles from backing onto Beckland Drive. • Previous plans have shown Bering Street to the east connecting to Camellia Street. Bering Street will now dead end behind Lot 18 along the east side of the subdivision. 7  Preliminary Plat Sheet Engineering Comments Engineering staff will have additional technical comments for the construction drawings and drainage report. Staff will approve Preliminary Plan with condition the technical corrections are completed for Final Plat. Staff Conclusion • Staff recommends approval of Petition PP 23-38, Desert Rose Subdivision Phase IV as the submittal meets the design standards of Article 5 and Article 6 of the Unified Development Code. 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 located west of the Animas Subdivision in the City of Farmington. Staff recommends the following conditions of approval: 8  Recommended Conditions of Approval 1. All technical corrections to the plat and construction drawings will be finalized and approved prior to submittal of the final plat, including drainage report and any noted issues in this report, redline letters and emails. 2. A subdivision agreement shall be required. Discussion The Commission had no questions for staff. Petitioner Craig Stoabs, 4800 College Blvd. Farmington NM Mr. Stoabs stated that he has no problems with the conditions and added that this will be a nice addition in a nice area. The Commission has no questions for Mr. Stoabs. With no Commission discussion needed, Chair Freeman called for a motion. Motion A motion was made by Commissioner Davis and seconded by Commissioner Hodge to recommend APPROVAL of Petition PP 23-38 as presented by staff with the following conditions: 1. All technical corrections to the plat and construction drawings will be finalized and approved prior to submittal of the final plat, including drainage report and any noted issues in this report, redline letters and emails. 2. A subdivision agreement shall be required. The motion was adopted unanimously on a vote of 6-0. Petition PP 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 Senior Planner Mike Safrany presented the following: Petition • Applicant: Mike Hamilton, Mesa View Development • Representative: Paul Martin, Sakura Engineering • Location: Parcel located at the eastern terminus of Wildflower Mesa Dr. City of Farmington • Existing Zoning: MF-M – Multi-Family Medium • Replat of block 4 of Mesa Vista #8 recorded 9/30/21 9  Background • 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. • Phases 1-7 of the Mesa Vista Subdivision are almost completely built out. • Mesa Vista No. 8 is a 78 lot subdivision. • Replat ‘A’ involves the 26-Lot section of the approved subdivision between Lily and Rosita Streets. Aerial View Original Final Plat 10  Proposed Changes • The Replat as submitted will: • Reduce number of lots from 28 to 26 • Increase lot sizes from 7,330/8,331 to 7,609/12,290 • Eliminate Rosita Street • Add four cul-de-sac roads Revised Final Plat Additional Developer Obligation • Construct extension of Wildflower Mesa Drive to Andrea Drive 11  Engineering Comments Engineering staff will have additional technical comments for the construction drawings and drainage report. Staff will approve the Final Plat with condition the technical corrections are completed prior to recording of the Final Plat. Conclusion 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 preliminary plan of a Class 1, 26-lot subdivision on a 7.05-acre undeveloped parcel located at the eastern terminus of Wildflower Mesa Dr. in the City of Farmington. • Staff recommends the following conditions of approval, to be finalized and approved prior to recording of the final plat: Staff Recommendations for Approval 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. Discussion The Commission Asked Staff: 1. Is this the last street for the Mesa Vista Subdivision? Staff Replied: 1. It would be possible for the developer to go north or south, but this is as far as they can go to the east because it backs up to the San Juan County Detention Center. The petitioner was not present at this meeting. With no Commission discussion needed, Chair Freeman called for a motion. Motion A motion was made by Commissioner Berens and seconded by Commissioner Hodge to recommend APPROVAL of Petition FP 23-39 as presented by staff with the following conditions: 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. 12  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. Petition SUP 23-40 – A request for a Special Use Permit to allow for cannabis cultivation at 408 E. Broadway Ave, 0.24-Acre Parcel. Parcel No. R0028619. Associate Planner Joaquin Gonzalez presented the following: Petition • Applicant: Coby Jackson, potential tenant • Location: 408 E. Broadway Ave • Existing Zoning: General Commercial • Request: Special Use Permit (SUP) to allow indoor production (cultivation) of cannabis. Subject Property • 0.24 acre parcel • 4,031 square feet, storage warehouse built in 2008. 13  Zoning Area View 14 Street View Site Plan 15  Farmington Comprehensive Plan Cannabis Map Unified Development Code Sec. 8.9 • 8.9.1 Purpose: Special Use Permits allow for discretionary approval of uses with unique or widely varying operating characteristics. • 8.9.2 Applicability: Special Use Permit approvals attach to the property and are transferable to subsequent owners. • 8.9.5 Additional Conditions: Additional reasonable conditions may be imposed as necessary to carry out the purpose and intent of the UDC and to mitigate adverse effects of the proposed use. • 8.9.6 Expiration of Approval: • Special Use Permit approval shall expire after 18 months from the date of approval if operation of the approved use has not commenced. • Time limits shall be set through the conditions of approval. 16  Unified Development Code Sec. 8.9.4 • 8.9.4 Special Use Review Criteria: The following criteria has been considered in the application review: A. Effect On Environment: Shall not be detrimental to the health, welfare or safety of the neighborhood. B. Compatible with surrounding area: Existing building is in good shape and harmonious with the character of the surrounding area. C. External Impacts Minimized: Proposed facility shall comply with state requirements for noise and fumes. D. Infrastructure Impacts Minimized: No negative impact on existing infrastructure or services. E. Consistent with UDC and Comprehensive Plan: Conforms with ‘Downtown’ designation. F. Parcel Size: Subject property size is sufficient for proposed use. G. Site Plan: Site plan meets UDC standards. Public Notice • Letters were sent to 16 surrounding property owners. At the time of this report no public input has been received. Staff Comments 17  Staff Conclusion • The subject property appears to be an appropriate location for a cannabis cultivation facility. Surrounding uses are commercial and industrial. • Consistent with the 2040 Land Use Plan designation of downtown. • The application meets the criteria for approval of a Special Use Permit per UDC Sec. 8.9. • The petitioner meets City standards for cannabis commercial production per UDC 2.4.69 & 2.4.71. 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 5 years, at which 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. Discussion The Commission Asked Staff: 1. What are the UDC Sec. 5.4 standards regarding the fencing? 2. Just to clarify, this SUP if for cultivation only? Staff Replied: 1. UDC 5.4.6 States that Barbed wire and electric fences shall be subject to the following requirements: a. Use of barbed wire, razor wire, and/or electric fences shall be prohibited, except in IND district and the RA district. Mr. Gonzalez added the fencing is already in place and the petitioner would have to remove the barbed wire from the top to be in compliance with the UDC. 2. That is correct, cultivating only, there will be no extraction or production of any kind. 18 Petitioner Chris Jackson, 3015 Hickory Nut Trail, Hendersonville, NC Mr. Chris Jackson addressed the Commission, his only question was regarding the barbed wire that is already on the existing fence. This questions was already addressed by Commissioner Berens. He also stated that about half of the conditions have already been completed. Petitioner Coby Jackson, 4930 Flying West Ranch Road, Colorado Springs, CO Mr. Coby Jackson stated that they had already met with Chief Building Inspector Childers, Assistant Fire Marshall Rix and the property owner Angel Duran. They did a full sweep of the entire building for the fire system and they approved the existing system. The Commission Asked Petitioner - Coby Jackson: 1. Will this location will be for cultivation only? Petitioner Replied: 1. That is correct, no other processes will be done here, we will only be cultivating. Affected Parties Loren Troutner, 105 S. Vine Avenue, Farmington, NM Mr. Troutner wanted to inform the Commission that he is completely against this SUP, and against the sale and cultivation of cannabis in the downtown area. He added they have had a hard time with impaired people wandering around in that part of town forever. He is worried about these people going through the trash to get to the waste generated by this cannabis facility. Mr. Troutner stated they had finally gotten rid of the impaired homeless people when Top Deck went away and he is worried this will bring them back. The Commission Asked Petitioner - Coby Jackson: 1. What is your plan for waste product? 2. Have you considered composting? 3. Will you explain how you will be disposing any waste you may have? 4. Will your locked dumpster be located outside or would you have it inside the building. 5. Is this your first grow facility? 6. What sort of experience did you have working in the Colorado grow facility? 7. Did the Colorado location have neighbors on any kind, was there any complaints regarding any kind of smell? 8. Do you intend to have any signs? 9. Will you be delivering your product or will your customers come and pick up the product? 10. Who will be operating this location? 11. Do you know how long this building has been vacant? Petitioner Replied: 1. The State has immense regulations regarding waste and how it is disposed. We are required to have a secure dumpster that is locked at all times. There will also be a high resolution, 24 hour security system for the entire property. Most of our waste product is unusable and contains no THC, anything that does have THC will be sold to a licensed 19  cannabis producer. They are working hard on having no waste. He added the carbon filtration system needs to be changed regularly or you will get mold spores or pathogens that can get into the flower. 2. We will not be composting, we will be using hydroponics, and if we used the compost it would ruin the hydroponics soil. There are New Mexico regulations and guidelines that we need to follow for disposing your waste material. 3. All waste, would have to be entered into the BioTrack System. BioTrack is New Mexico's official cannabis verification and monitoring system. The State requires that you have a camera with audio that can go back 120 days, that shows you physically placing the waste in a secure bag, weighing the waste and moving it to a secure receptacle. Everything is strictly monitored by the State. 4. The dumpster will be located inside the building. 5. I have worked for two years in a grow facility in Colorado, but yes this is my first grow facility that I own. 6. In the Colorado grow facility the locked waste containers also had a 24/7 live feed monitoring them to make sure no one tried to mess with them. On waste day you would take the secure bag and load it on a truck that would take it to the dump. 7. Yes, there were neighbors and there was no complaints. He stated that he would be replicating their filtration system so there will not be an odor problem. 8. There will be no signs or any kind of advertising. 9. I will be delivering the product personally. We are in the process of buying a vehicle that we will modify for safety. 10. I plan to move here and run this location. I will be the head grower. 11. I believe it has been vacant less than a year. Lyla Troutner, 105 S. Vine Avenue, Farmington, NM Ms. Troutner stated when Top Deck was in operation, they had a lot of problems. Things have been cleaned up since it has been shut down. She added why would you want to put a place this in the middle of town? Why can’t we put them on the outskirts of town? Why would you want people to drive by this place? People are going to know what this place is and she believes that cannabis has taken the place of alcohol. She also added they have security cameras and lighting, and have been broken into several times. She reiterated that she is worried about people getting high and passing out like they did when the Top Deck was still open. She objects to this and feels like it is being crammed down everyone’s throat. With no more public input, Chair Freeman closed the public portion of this meeting. With no Commission discussion needed, Chair Freeman called for a motion. Motion A motion was made by Commissioner Hodge and seconded by Commissioner Hanson to recommend APPROVAL of Petition SUP 23-40 as presented by staff with the following conditions: 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 5 years, at which the applicant can renew. 20  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. The motion was adopted unanimously on a vote of 5-1. Roll Call Aye Votes Commissioner Hanson voted aye because he found staff’s report very through and the petitioner’s explanation adequate. He also feels it is within the state and city guidelines. Commissioner Ragsdale voted aye, she agrees with Commissioner Hanson. Chair Freeman voted aye because he feels like this business does fit in with this location. You have automotive, San Juan Spring across the street. There will not be any signs or advertising on the building. If this had been a dispensary, he would have felt differently about it. Commissioner Hodge voted aye because it follows all the city and state guidelines and it will be secure. She stated she does not have any negative feeling toward it being in this location. Commissioner Davis voted aye for all the same reasons already given by the other Commissioners. Nay Votes Commissioner Berens voted nay because he appreciated the comments from the Troutner’s and there are other areas that are not in the downtown area. 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 adopted all the recommendations from the last meeting. The zone changes for Family Crisis Center, 4207 Hudson Ave. and 2908 Carlton Ave. She also thanked Commissioner Hanson for bringing up the question regarding the Subdivision Agreement, we will bring one forward at the next meeting. Chair Freeman asked Ms. Escobar about the recommendation to add the 300 ft. distance from a residence to the cannabis ordinance. Ms. Escobar stated it had its second reading at the last City Council Meeting, and it has been published with no comments. So that will be moving forward, it is scheduled for June 27, 2023 for final action. 21 Adjournment: With no further business, a motion to adjourn was made by Commissioner Berens and seconded by Commissioner Ragsdale. The motion carried unanimously 6-0 and the meeting was adjourned at 4:08 p.m. _______________________________ _________________________________ Clint Freeman Tami Spencer Chair Administrative Assistant 22  COMMUNITY WORKS PETITION REPORT Petition SUP 23-42 Special Use Permit allowing the operation of a helipad At 2710 E Pinon Frontage Road A. STAFF REPORT, June 19 2023 PROJECT INFORMATION Applicant Exceptional Healthcare Representative Daniel Stewart and Don Nicolini Date of Application May 9, 2023 Approval of a special use permit to allow for the operation of a Requested Action helipad Location 2710 E Pinon Frontage Road Existing Land Use Vacant Land Existing Zoning OP - Office and Professional Use North: RE-1, Residential District (Vacant) Surrounding Zoning & South: RA, Rural Agriculture (SJ College) Land Use East: OP, Office and Professional Use West: RE-1, Residential District (Vacant) Publication of Notice: June 14, 2023 Farmington Daily Times Notice Property Owners Certified Mail: Tuesday June 16, 2023 Sign Posted: Friday June 16, 2023 Staff Planner Mike Safrany, Senior Planner STAFF ANALYSIS BACKGROUND The petitioner requests a special use permit to allow a helipad for the Exceptional Healthcare facility at 2710 Pinon Frontage Road. The helipad will be located on Lot 1 of the Antlers Subdivision, a 2.20-acre parcel directly to the west of Lot 2, where the Exceptional Healthcare facility will be located. The proposed 20,800 sf hospital will have nineteen beds and provide care to all residents of Farmington and the surrounding communities. Construction documents for the healthcare facility have been submitted to the building department and are currently under review. Pursuant to Section 2.3 the Use Table of the UDC, a helipad is permitted in the OP, Office and Professional district with an approved special use permit. The helipad will be used as an accessory use to the Exceptional Care hospital and will only be used for emergency pickup and drop-off. No aircraft will be on site full time and no fueling will be done on site. The natural topography provides a forty-foot buffer for properties to the north. To the south is easy vehicular access via Pinon Frontage Road directly off the Pinon Hills Blvd. arterial street. A helipad is required to provide an environmental impact statement approved by the Federal Aviation Administration (FAA). A site plan has been submitted in accordance with the requirements of the UDC, Section 8.5 to the building department. Documentation shall be submitted showing that the site complies with all applicable state and federal requirements. 23  Petition Report SUP 23-42–– Page 2 NOISE ANALYSIS The petitioner has provided planning staff with the decibel levels of the Eurocopter AS 350 B2. This helicopter is designed specifically for flying in populated areas (neighborhoods, cities) and for noise control and is most likely to be used by an air transport company. EXHIBIT 1: Noise levels at: Fly Over = 87.1 dB's Take Off = 89.8 dB's Approach = 91.4 dB's EXHIBIT 2: These noise levels are equivalent to a hair dryer at 90 dB's. FARMINGTON CITY CODE - MUNICODE ARTICLE 5. - NOISE Sec. 12-5-1. - Definitions. Decibel means a unit for measuring the volume of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter). Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage, which demands immediate action. Emergency work means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. Sec. 12-5-6. - Exemption for emergencies, emergency work. This article shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work. Sec. 12-5-8. - Maximum permissible sound levels by receiving land use. (a) No person shall operate or cause to be operated on private property any source of sound in such a manner as to create a sound level which exceeds the limit set forth for the receiving land use category in table I when measured at or within the property boundary of the receiving land use. TABLE I. SOUND LEVELS BY RECEIVING LAND USE 24  Petition Report SUP 23-42–– Page 3 EXHIBIT 1 25  Petition Report SUP 23-42–– Page 4 EXHIBIT 2 26  Petition Report SUP 23-42–– Page 5 ZONING MAP 27  Petition Report SUP 23-42–– Page 6 AERIAL VIEW OF SITE 28  Petition Report SUP 23-42–– Page 7 PROPOSED SITE PLAN 29  Petition Report SUP 23-42–– Page 8 DISTANCE TO NEAREST RESIDENCE 30  Petition Report SUP 23-42–– Page 9 AREA WITHIN 1000-FOOT RADIUS 31  Petition Report SUP 23-42–– Page 10 32  Petition Report SUP 23-42–– Page 11 33  Petition Report SUP 23-42–– Page 12 SPECIAL USE PERMIT CRITERIA – Section 8.9.4 of the UDC Section 8.9.4 of the UDC sets forth the criteria for review of a special use permit. The section states that an SUP may be approved where it is reasonably determined that there will be no significant negative impact upon residents of surrounding property or upon the public. Criteria are listed as follows: A. Effect on environment: The location, size, design, and operation characteristics of the proposed use shall not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, not be substantially or permanently injurious to the neighboring property. The petitioner has provided a site plan for the proposed helipad location. The proposed property for the helipad is directly north of the Pinon Hills Blvd. and Pinon Frontage Road. Pinon Hills Blvd. is a four lane arterial street connecting the west and east side of Farmington along the north boundary of the city. The two adjacent lots to the north of the Healthcare facility are 2.5 acres each and are being purchased by the petitioner. These lots contain natural sandstone rock formations approximately 40 feet in height, providing a natural noise and dust buffer between neighboring properties to the north. The overall site plan design, including landscaping, parking and accessible routes meets the UDC, Article 5 development standards. B. Compatible with surrounding area: The proposed site plan, circulation plan, and schematic architectural designs shall be harmonious with the character of the surrounding area with relationship to scale, height, landscaping and screening and density. The site is in the office professional area. The proposed healthcare facility with helipad is allowed in the office professional district and is compatible with the surrounding area, where there is limited development. The forty-foot high natural sandstone formations to the north and the Pinon Hills Blvd. arterial street to the south provides the appropriate distance and buffer for the helipad. South to Pinon Hills Blvd. is San Juan College property. 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. Pursuant to UDC 2.4.4, all heliports shall be required to provide an environmental impact statement approved by the Federal Aviation Administration (FAA). Furthermore, documentation must be submitted showing that the site complies with all applicable state and federal requirements. 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 development will extend the existing water and wastewater utilities further to the west and Pinon Frontage Road will be paved up to the west boundary of Lot 2. Pinon Frontage Road will also be further developed west if/when Lot 1 is developed. The development will not have a negative impact on the existing infrastructure. 34  Petition Report SUP 23-42–– Page 13 E. Consistent with the UDC and Comprehensive Plan: The proposed use will be consistent with purposes of this UDC, the Comprehensive Plan, and any other statutes, ordinances or policies that may be applicable, and will support rather than interfere with the uses otherwise permitted in the zone in which it is located. The Comprehensive Plan calls for this area to be a mixed-use village. Healthcare services are consistent with the UDC and the Comprehensive Plan. Office and Professional uses are consistent within the mixed-use village such as medical facilities that provide medical or surgical care to patients and which offer overnight care. The intent of the Mixed-use village is to balance between commercial-designated areas and residential areas. This land use designation promotes development of vacant land along arterial corridors. F. Parcel size: The proposed use may be required to have additional land area, in excess of the minimum lot area otherwise required by the underlying zoning district, as necessary to ensure adequate mitigation of impacts on surrounding land uses and the zoning district. N/A G. Site Plan: The proposed use shall be required to comply with the Site Plan Review - Procedures and Standards, of Section 8.5, site plan review, as specified. A site plan and construction documents were submitted to Community Development’s Building Division. 35  Petition Report SUP 23-42–– Page 14 City of Farmington Community Works Comments Electrical Engineering: Roberto Ga 505-599-8314  A minimum of two (2) orange marker balls shall be installed on the topmost conductor of the 115kV transmission line along Pinon Hills Blvd. The material and labor cost to install shall be shouldered by the requestor. Planning Manager: Beth Escobar 505-599-1285  Provide documentation on noise levels for when helicopters are arriving and departing. Does the helicopter depart immediately after discharge of the patient? Will there be fueling pumps on site? Code Compliance: Mark Romero 505-599-1318  The sound/noise of the helicopter when in operation.  The dirt and debris that will be kicked up when the helicopter is in operation. PUBLIC INPUT Letters were sent to eleven surrounding properties and a sign was posted on the property. At the time of this report, no public input has been received. STAFF CONCLUSION Staff concludes approval of SUP 23-42 is appropriate. A helipad for this healthcare facility will only have a minimal impact on the environment or surrounding properties. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition SUP 23-42, a request from DEC LLC, represented by Daniel Stewart, for a special use permit to have a helipad at 2710 Pinon Frontage Road, in the OP Office and Professional District. 36  Petition Report SUP 23-42–– Page 15 37  Petition Report SUP 23-42–– Page 16 38  Petition Report SUP 23-42–– Page 17 NEIGHBORS WITHIN 100 FEET OF SUBJECT PROPERTY NAME ADDRESS CITY STATE ZIP Order of Farmington Elks Lodge 801 Municipal Drive Farmington, NM 87401-2623 Terry and Sheila Chapman Revocable 317 N Monterey Ave Farmington, NM 87401 College Hills Professional Plaza LLC 1509 Knudsen Ave Farmington, NM 87401 Carlos Randall and Judy Mae Hale 5309 Evans St Farmington, NM 87401 Craig and Linda Horn Trust 3600 N Coronado Ave Farmington, NM 87401 Craig Horn Trustee 3600 N Coronado Ave Farmington, NM 87401-4121 Edgar Harold Lohmann 9928 Wagner Lane Westminster, CO 80031 Elizabeth Anne McBride Trust 1703 Chaco Ave Farmington, NM 87401-7009 Elias and Gloria Quintana Trust 309 Jefferson St NE Albuquerque, NM 87108 San Juan College Business Office 4601 College Blvd Farmington, NM 87402-4609 Nick Francisco Vendetti 11 Road 3143 Aztec, NM 87410 39 40  Staff Report: ZC 23-45 - 605 E. Animas Street STAFF REPORT A request for a Zone Change from Industrial to Multi-Family Medium Density to allow for a two dwelling unit duplex residence on a 0.17 Acre parcel. STAFF REPORT, June 29, 2023 PROJECT INFORMATION Applicant Lisa L Webb Representative N/A Date of Application May 17, 2023 The petitioner is requesting a Zone Change to Multi-Family Medium Requested Action Density to allow for a two dwelling unit duplex residence to be built on the property. Location 605 E Animas Street Farmington, NM 87401 (R0031768) Vacant unused lot. A home previously on the site was burned down Existing Land Use in a fire and removed. Existing Zoning Industrial 2040 Future Land Use Employment Mixed Use Designation North: IND: Industrial - Hotel Surrounding Zoning & South: IND: Industrial – Single-family residence Land Use East: IND: Industrial – Light Industrial West: IND: Industrial – Vacant lot Publication of Notice: June 12, 2023, Farmington Daily Times Notice Requirements Property owners letter: June 12, 2023 Sign posted: June 19, 2023 Staff Planner Colby Gibson, Long Range Planner 1|Page 41  Staff Report: ZC 23-45 - 605 E. Animas Street BACKGROUND The San Juan County Tax Assessor’s records show 605 E Animas St 0.17 acres in size. The parcel has been cleared after a house fire and is now vacant. The petitioner is requesting a Zone Change to Multi-Family Medium Density to allow for a two dwelling unit duplex residence to be built on the property. Industrial zoning does not allow for residential uses. The legal non-conforming residential use has been vacated. Per UDC Sec. 9.2.4, to retain legal non-conforming uses after destruction or demolition, work on the restoration of the use must begin within six months and be completed within 12 months of the time of the calamity. The subject property’s lot is 7,500 square feet in size and does not meet the minimum lot size requirements for the Multi-Family Medium Density zoning district of 8,000 square feet. Staff has determined an administrative adjustment for a reduction of six percent (500 square feet) towards the minimum required lot size shall be granted if the zone change is approved. Administrative adjustments are minor variances, up to a maximum of ten percent from otherwise applicable development standards and are authorized by the Director or designee per UDC Sec. 8.13. The petitioner has provided staff with a proposed site plan for the potential duplex development. The site plan shows two dwelling units, each with two bedrooms and one bathroom. Parking, sidewalks and landscaping is also displayed. 2|Page 42  Staff Report: ZC 23-45 - 605 E. Animas Street 605 E Animas Street 3|Page 43  Staff Report: ZC 23-45 - 605 E. Animas Street Area Overview 4|Page 44  Staff Report: ZC 23-45 - 605 E. Animas Street Surrounding Uses Subject Property Single-Family Residential Multifamily Residential Commercial Industrial Vacant / Unused 5|Page 45  Staff Report: ZC 23-45 - 605 E. Animas Street Zoning 6|Page 46  Staff Report: ZC 23-45 - 605 E. Animas Street 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? The 2040 Future Land Use Map designates this area as Employment Mixed Use. This designation supports a wide range of employment types with a focus on integrated live/work uses with medium to high density residential. The proposed zone change to Multi- Family Medium Density fits into the medium density residential aspect of the designation. 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 Multi-Family Medium Density zoning and land use is compatible with the current conforming uses and character of the neighborhood. Property uses in the area vary greatly and include multi-family and single family residential, restaurants, sales, automotive service, accommodations, and outdoor storage. C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? No adverse impacts have been identified with the proposed land use. The area contains an array of identical residential uses as well as more intensive uses than what is proposed. 7|Page 47  Staff Report: ZC 23-45 - 605 E. Animas Street D. Is the proposed density and intensity of use permitted in the proposed zoning district? The Multi-Family Medium Density zoning district requires 2,000 square feet per dwelling unit. Two dwelling units, as proposed is permitted as it meets this requirement. The proposed use of multi-family residential is permitted in the proposed zoning district. UDC Sec. 3.9 - Multifamily, low, medium and high density (MF-L, MF-M, and MF-H). • Multifamily Low, Medium and High Density Districts are intended to accommodate a substantial portion of the city's residential growth over the 20-year planning horizon covered by the comprehensive plan. By allowing many residential development options (from detached houses on small lots to relatively high density apartments), the MF-L, MF-M and MF-H districts provide the widest range of housing choices for city residents. In all cases, development in the multifamily districts shall be adequately served by infrastructure. Although the MF-L, MF-M and MF-H districts allow moderate to high residential densities they are not generally appropriate for application in areas that are most appropriately suited to intensive nonresidential development. The provision of community open space, neighborhood parks, outdoor recreational areas, and pedestrian facilities is strongly encouraged. • The MF-L, MF-M, and MF-H districts are intended to implement the residential planning policies of the comprehensive plan's "Residential High Density" land use designation. These districts may also be appropriate for lands currently zoned R-4, office and professional, where predominate land use is multifamily. • 3.9.2 Allowed uses. Uses are allowed in the MF-L, MF-M, and MF-H districts in accordance with the use table of section 2.3. • 3.9.3 Density and dimensional standards. All development in the MF-L, MF-M, and MF-H districts shall be subject to the density and dimensional standards of section 2.8. • 3.9.4 District standards. To the extent practical, all parking shall be located in the side or rear yard. E. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? Two dwelling units on 0.17 acres is suitable for the site while leaving adequate space for required open space/landscaping and parking. 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 to the site is provided by Animas Street. Animas is a local street and has not had a study conducted to calculate average daily traffic numbers. All utilities are available to the site and the infrastructure is adequate for the use and number of proposed dwelling units. 8|Page 48  Staff Report: ZC 23-45 - 605 E. Animas Street 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 because it is in pursuance of the Comprehensive Plan. The 2040 Comprehensive Plan Future Land Use Map designates this area as Employment Mixed Use which permits live/work uses with medium to high density residential. The proposed multi-family use would provide medium density residential options in the area. PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to six surrounding property owners. At the time of this report, no written public comment has been received. STAFF COMMENTS Community Works Engineering has determined that the subject property is within the Animas River Floodway. Any development within the property will be subject to Federal Emergency Management Agency (FEMA) floodway regulations. Staff has provided the petitioner with notice of the required FEMA documentation that will need to be submitted prior to the issuance of a building permit. STAFF CONCLUSION • The proposed use is in compliance with the Unified Development Code density standards outlined in UDC Sec. 2.8. • 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 23-45, a request from Lisa L Webb, for a Zone Change from Industrial to Multi-Family Medium Density to allow for a two dwelling unit duplex residence at 605 E. Animas Street with the following conditions of approval: 1) The parcel shall be limited to a maximum of two dwelling units. 2) An administrative adjustment for a reduction of six percent (500 square feet) towards the minimum required lot size shall be granted. 3) The site shall meet all relevant development standards outlined in UDC Article 5. 9|Page 49 Staff Report: ZC 23-45 - 605 E. Animas Street 10 | P a g e 50 Staff Report: ZC 23-45 - 605 E. Animas Street 11 | P a g e 51 Staff Report: ZC 23-45 - 605 E. Animas Street 12 | P a g e 52 Staff Report: ZC 23-45 - 605 E. Animas Street 13 | P a g e 53 Staff Report: ZC 23-45 - 605 E. Animas Street 14 | P a g e 54 Staff Report: ZC 23-45 - 605 E. Animas Street 15 | P a g e 55 Staff Report: ZC 23-45 - 605 E. Animas Street 16 | P a g e 56 Staff Report: ZC 23-45 - 605 E. Animas Street 17 | P a g e 57 Staff Report: ZC 23-45 - 605 E. Animas Street 18 | P a g e 58  6/21/2023 SUBDIVISION AGREEMENTS AND INFRASTRUCTURE FINANCING Planning & Zoning Commission June 29, 2023 DEVELOPER OBLIGATIONS UDC 6.91 The subdivider shall pay all costs of materials and installation of the following: • Setting of survey monuments and markers • Streets and road construction for all street improvements including base, grading, curbs, gutters, sidewalks, pavement, culverts, bridges, street lights, traffic signals, pavement markings and traffic signs • Water and sewer line installations including fire hydrants and manholes • Required storm water system and/or other drainage improvements • Traffic signals • Street lighting • Electric, gas, and other utilities 59 1  6/21/2023 FINANCIAL ASSURANCES UDC 6.8.2 • Performance Bond • Trust agreement – deposit • Letter of credit • Includes any special requirements such as off-site improvements Must be in amount of 125 percent of engineer’s estimate based on City approved construction plans SUBDIVISION AGREEMENT • Required for all major subdivisions – commercial and residential • Identifies method of financial assurance OR • States the subdivider will install all improvements • Signed by the mayor and recorded with the final plat • Sets a 3-year time limit for completion of construction 60 2  6/21/2023 ACCEPTANCE BY CITY • ‘As builts’ are required to be presented to City Engineer • Shows construction details and location of all infrastructure • Inspections are completed by the City • Financial assurances are released by the City • Building permits can be issued QUESTIONS & DISCUSSION 61 3  AGREEMENT SUBDIVISION IMPROVEMENTS SANDSTONE AT SAN JUAN COUNTRY CLUB THIS AGREEMENT made and entered into between the CITY OF FARMINGTON, a municipal corporation of San Juan County, New Mexico, herein for convenience called the "City", and SANDSTONE AT SAN JUAN COUNTRY CLUB, herein for convenience called the "Subdivider"; WITNESSETH: WHEREAS, the Subdivider has proposed the improvements of certain property to be known as Sandstone at San Juan Country Club located in the City of Farmington, San Juan County, New Mexico, and has presented construction plans to the City for approval as required by the City; and will construct on-site and off-site improvements to the conforming standards of the City of Farmington in the right-of-way and utility easement per the Land Subdivision Regulations of the City of Farmington; and WHEREAS, the City has agreed to allow the Subdivider to install streets, sidewalks, trails and access ways, water and sewer, drainage facilities and other improvements required by the Unified Development Code Subdivision Standards and the Design and Construction Standards of the City of Farmington upon certain conditions, taking no longer than three years from recording of this Agreement; and WHEREAS, it is further understood that this Agreement concerns and pertains to the above described land that is to be subdivided and it shall be a covenant to run with the land and to attach to each lot and parcel of real property in the said subdivision; and WHEREAS, the parties wish to reduce such understanding and Agreement to writing to assure compliance with Subdivision Regulations of the City of Farmington and to provide notice to all subsequent purchasers of the real property located in the said subdivision that said Agreement has been entered into and does run with and attach to land within the subdivision. NOW, THEREFORE, in consideration of the mutual agreement between them, the parties agree as follows: 1. The City will record the final plat of Sandstone at San Juan Country Club, approved by the City of Farmington Planning & Zoning Commission, per Section 8.8.9 Major Subdivision, of the Unified Development Code of the City of Farmington, New Mexico. This Agreement also shall be recorded with the Clerk of San Juan County, New Mexico. 2. The Subdivider shall install all streets, sidewalks, trails and access ways, water and sewer, drainage facilities and other improvements required by the Subdivision Standards of the City of Farmington as indicated on Exhibit A, and satisfy the conditions of the construction improvement plans Sandstone at San Juan Country Club Page 1 63  approved by the City Engineer in a satisfactory manner in accordance with all minimum standards established by the City within three years of the date this Agreement is recorded, except as modified within this document. Required improvements are not complete until they have been inspected and accepted by the City. 3. In addition to the required onsite improvements, the Subdivider shall construct, to City standards, the extension of Lakewood Drive across Parcel Number 2071176135135 to the north to connect with the eastern terminus of Lakewood Drive to City street standards. 4. The Subdivider shall complete all improvements outlined in the Sandstone at SJCC Main Sewer Line Agreement entered into February 15, 2023. 5. Both parties agree that no residential building permits will be issued by the City for a lot in the subdivision until all required public improvements discussed in this document for the entire subdivision have been installed by the developer and inspected by the City: water and sewer, drainage facilities, gas, and road grades with road pavement prepared with curb and gutter. The subdivider is responsible for calling the City to schedule inspections prior to construction being commenced. . 6. In the event that Subdivider fails to install improvements within three years, or fails to correct deficiencies within three years, the Subdivider shall be deemed to be in default of this Agreement and the City reserves the right, upon such default, to refuse to issue building permits or utility hookups on any lot or parcel of land in said subdivision until the required improvements in the subdivision are installed, and may seek any and all remedies it may have against the Subdivider whether at law, or in equity or otherwise. 7. The Subdivider shall install the improvements and the Subdivider further agrees that: a. Following construction and installation of the said improvements, the Subdivider shall make, execute, and deliver to the Community Works Director "as built" or "as constructed" drawings which shall conform to the following: i. Be prepared and stamped by the engineer of record for the development; ii. Be in such form and size as the Director, or Director’s designee may require; iii. Be prepared on reproducible mylar or similar material satisfactory to the Director and in an electronic format compatible with Autocad; iv. Show horizontal and vertical locations (above and below ground) of all improvements required by the Agreement and all public Sandstone at San Juan Country Club Page 2 64  utilities, including, but not necessarily limited to streets, drainage ways, storm drainage, irrigation facilities, utility (gas, water, sewer, electric, cable TV, etc.) lines and facilities, recreation areas and facilities, common use areas, and slope stabilization, which the City, at present or in the future, may be required to locate or to maintain. b. The location of improvements on such drawings shall be tied to lines which can be re-established through survey, i.e., a survey base line tied to section corners, quarter corners, other survey reference markers, property lines or right-of-way lines. Horizontal distances and vertical elevations shall be based on exact measurements taken during construction and shall be within one tenth of one foot (0.10 foot) of the exact location. c. All such "as built" or "as constructed" drawings shall be submitted to and approved by the City Engineer prior to acceptance by the City of the improvement, development or facility. 7. Upon completion of construction in accordance with approved construction plans, the subdivider shall require his construction contractors, with whom he contracts, to furnish materials and to install improvements required by this section, and shall himself be required to furnish to the city a written guarantee that all workmanship and materials shall be free of defects for a period of 1 year from the date of acceptance by the director. 8. This Agreement shall constitute a covenant which shall run with the land and shall attach to each and every lot or parcel of land in the said Sandstone at San Juan Country Club, and shall be binding upon the Subdivider, his heirs, successors, executors, administrators and assigns, and all future owners of any lots or parcels of land in said Subdivision. 9. It is further understood and agreed that a reasonable attorney's fee and costs shall be allowed to the City should it be necessary for the City to enforce this Agreement against the Subdivider in the courts. The parties further agree that the laws of the State of New Mexico shall govern the interpretation of this Agreement and that venue of any suit filed in any court to enforce the terms of this Agreement shall lie in San Juan County, State of New Mexico. Sandstone at San Juan Country Club Page 3 65  SANDSTONE AT SAN JUAN COUNTRY CLUB ACKNOWLEDGEMENTS IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this _____ day of _______________, 2023. CITY OF FARMINGTON SUBDIVIDER By______________________________ By______________________________ Nate Duckett, Mayor Scott D Bird Principle, Sandstone at San Juan Country Club ______________________________ ATTEST: _____________________________ Andrea Jones, City Clerk STATE OF NEW MEXICO COUNTY OF SAN JUAN The above and foregoing Agreement was acknowledged before me this _____ day of _______________, 2023, by Nate Duckett, Mayor of the City of Farmington, a municipal corporation, on behalf of said corporation. NOTARY PUBLIC My Commission expires: _______________ STATE OF NEW MEXICO COUNTY OF SAN JUAN The above and foregoing Agreement was acknowledged before me this _____ day of _______________, 2023, by Scott D. Bird, Principal, San Juan Country Club My Commission expires: _______________ Sandstone at San Juan Country Club Page 4 66 LEGAL DEPARTMENT APPROVED AS TO FORM BY: DATE: Sandstone at San Juan Country Club Page 5 67  EXHIBIT A Sandstone at San Juan Country Club Page 6 68