Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive July 13, 2023 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the June 29, 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. Tabled from the 6/29/23 Planning & Zoning Meeting Presented by Senior Planner Safrany 5 Petition CV 23-48 – a request from Jason Valdez for a waiver of the 300-foot distance requirement for cannabis facilities from a residential zoning district and another cannabis dispensary. The Green House is located at 1901 E. 20th St and the residence is located at 2101 Schofield Ln. Both properties are within 300 feet of the subject property. Presented by Senior Planner Safrany. 6 Petition CV 23-49 – a request from Jason Valdez for a waiver of the 300-foot distance requirement for cannabis facilities from a residential zoning district and a religious institution. Desert Heights Church is located across the street to the south (1835 E. Main St) and the residential zoning district is to the north, off of E. Navajo St. Both properties are within 300 feet of the subject property. Presented by Senior Planner Safrany. 7 Petition ZC 23-50 – A request for a ZC: Zone Change from Residential Estate 1 (RE-1) to Local Neighborhood Commercial (LNC) to allow for a Gymnastics Studio. Located on Pinon Frontage Rd. Parcel No. R0051761. Presented by Associate Planner Gonzalez. 8 Business From Floor: Chairman: Members: Staff: 9 Adjournment Petition items on this agenda will be scheduled for the next City Council meeting – July 25, 2023 ATTENTION PERSONS WITH DISABILITIES The meeting room and facilities are fully accessible to persons with mobility disabilities. If you plan to attend a meeting and need an auxiliary aid or service, please contact the City Clerk's office at 599-1101 or 599-1106, prior to the meeting so arrangements can be made.  Minutes Planning & Zoning Commission June 29, 2023 The Planning & Zoning Commission met in a regular session on June 29, 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 Cheryl Ragsdale Cody Waldroup Joyce Cardon Clete Berens Gary Hanson P&Z Members Absent Shay Davis Amber Hodge Staff Present: Beth Escobar Mike Safrany Colby Gibson Tami Spencer Others Who Addressed the Commission Daniel Steward Don Niccolini Edgar Lohmann Linda Horn Larry Walling Muriel Lee Ginther Terrill Richins Manish Pandya Johnny M. Oakley Eric Hoduski Mark Camrud Melanie Crawford Bob Durbin Lisa Webb 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 1 A motion was made by Commissioner Waldroup and seconded by Commissioner Ragsdale to approve the agenda of the June 29, 2023 Planning & Zoning Commission meeting. This motion passed unanimously by a 7-0 vote. Approval of the Minutes A motion was made by Commissioner Berens and seconded by Commissioner Waldroup to approve the minutes of the June 15, 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 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. Vice Chair Brown recused himself due to a conflict of interest. Senior Planner Safrany presented the following: Petition  Applicant: Exceptional Healthcare  Representative: Daniel Stewart and Don Nicolini  Location: 2710 E Pinon Frontage Road  Parcel #R6001531  Existing Zoning: OP, Office and Professional  Requesting a special use permit to allow for the operation of a helipad  Parcel Size: 2.2 acres (9.4 acres total) Aerial View of Subject Property 2  Zoning Map Overview  Pursuant to Section 2.3 Use Table of the UDC, a helipad is allowed in the OP District with a special use permit.  The helipad will be an accessory use to the 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.  A helipad is required to provide an environmental impact statement approved by the FAA.  Documentation shall be submitted showing the site complies with all applicable state and federal requirements.  A Site Plan has been submitted in accordance with the requirements of the UDC, Section 8.5. 3  Proposed Site Plan Distance to Nearest Residence 4  Area within 1000-Foot Radius Noise Conditions  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 (cities and neighborhoods).  This type of helicopter is most likely to be used by an air transport company. Noise Levels at: Fly Over = 87.1 dB’s Take Off = 89.8 dB’s Approach = 91.4 dB’s These noise levels are equivalent to a hair dryer at 90 dB’s. 5  Aircraft Noise Data Noise Level Comparisons Municode Table I. Sound Levels by Land Use Sec. 12-5-8: Maximum Permissible Sound Levels by Land Use 6  (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. 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. Frequency of Flights  The Exceptional Healthcare Hospital estimates approximately 27 trips per month to service 19 beds.  In comparison San Juan Regional Hospital has transported over 25,000 patients since 1986. This averages to 1.9 patients a day for a 198 bed facility.  Quote from the San Juan Regional Hospital website: View of 40 foot Sandstone Buffer Looking North 7  View of 40 foot Sandstone Buffer Looking East Special Use Permit Criteria  A. Effect on environment: The location, size, design, and operation characteristics of the proposed use shall not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants.  The proposed property for the helipad is directly north of the Pinon Hills Blvd, a four lane arterial street. The two adjacent lots to the north 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 closest residences are a minimum 1000 feet away.  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. 8  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. The petitioner is willing to work with the City to provide additional sod, rock or other landscaping beyond the concrete pad to minimize dust.  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.  E. Consistent with the UDC and Comprehensive Plan: The proposed use will be consistent with purposes of the UDC and Comprehensive Plan.  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. 2040 Land Use Map 9  Special Use Permit Criteria Continued  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.  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. Public Input Four letters and one phone call have been received at this time, opposing the petition. 10  Recommendation The Planning Division recommends approval of Petition SUP 23-42, a request from Daniel Stewart for a special use permit allowing the operation of a helipad at 2710 E Pinon Frontage Road. Discussion The Commission Asked Staff: 1. What is the elevation at the helipad site? Do we know what the elevations is at the residences on Los Arcos? 2. Is the 90 decibels (dB’s) at the helipad or is that at a set measured distance from the helicopter? 3. Is this SUP strictly for the decibel level and the helicopter? 4. In this presentation there is an assumed condition that the FAA conduct its own environmental analysis and provide an approval to the plan of operation. Staff Replied: 1. The Civil Engineer for the petitioner is in attendance and he can answer these questions. 2. The Civil Engineer can also answer this question. 3. The SUP requirement is specifically for the helipad not just the noise generated by the use? The exception to the noise ordinance is being provided as a comparison for the Commission. In our Municipal Code we do have an emergency waiver for emergency uses. 4. Yes, that is correct, that is stated in the Unified Development Code (UDC). Staff does not need to make it a condition. Staff and the Commission had a discussion regarding what the UDC and what the Municipal Code will allow. It was decided to continue on to hear from the petitioner, the petitioner’s Civic Engineer and the public have to add to this discussion. Petitioner’s Representative Daniel Stewart, Project Manager, Development Engineering Consultants, LLC - 5300 Town & Country Blvd. Ste. 150, Frisco TX. Mr. Stewart stated, he is pleased with the presentation staff has put together. He also wanted to address a few questions and concerns the Commission had. 1. The helicopter landing and takeoff will only be used for life and death emergencies. The helicopter will only be on the helipad for loading or unloading patients, it will not be idling for long periods of time. 2. We have received the approval from the FAA. 3. We are looking, on our own accord at stabilization measures to help mitigate the dust around the helipad. The Commission Asked Petitioner’s Representative: 1. Is the 90 dB’s at the helipad or is that at a set measured distance from the helicopter? 11  2. What is the dissipation level at 500 ft. and 1000 ft.? 3. For the dust, what is the cone of impact of the helicopter? 4. Is there a set traffic pattern? 5. Where will the helicopter be parked when not in use? 6. Will you be excavating where you put the helipad? 7. What is the elevation difference between Pinon Hills Blvd. and the helipad? Petitioner’s Representative Replied: 1. That 90 dB’s is at the helipad. 2. That is out of my realm, I would have to look that up for you. 3. We have never been asked this question, so we are looking into any studies that have been performed to see what the ultimate range is for an impact. The elevation is 40 feet lower that the closest residence. Depending on the location, some other residences are five to ten feet higher. There is a significate elevation rise and there is also a crest before you get to the majority of the residences. 4. The traffic pattern would depend on where the helicopter is flying from. 5. There is an operator who owns the helicopter and they have a facility where it will be housed. 6. Yes, there is a consistent grade, we are building a retaining wall on the back side of the hospital that will make up that grade difference, and then the rock formation will be behind that. Which will help mitigate the noise and dust. 7. The elevation of the helipad is about 10 ft. above the elevation of Pinon Hills Blvd. Petitioner’s Representative Don Niccolini, Vice President of Real Estate Development, Exceptional Healthcare – 3514 Cedar Springs Rd, Dallas TX Mr. Niccolini stated he is very pleased with the job staff did in putting this presentation together. He stated he is not a helicopter operator, and the approximate number of 27 trips per month was the average of two of the facilities that are in operation in Arizona. One in Maricopa and one in Yuma, both of which opened last year. The care flight operators are a private enterprise and they come to us to do 1) to have access to that helipad, and 2) to coordinate the helipad with air traffic control. Air traffic control would also control the direction of the helicopter’s approach and departure. The Commission Asked Petitioner’s Representative: 1. Will you give us a brief background about the hospital? 2. Will this facility be primarily emergency service? 3. You will be helicoptering in patients, will you be flying patients out as well. 4. The hospitals you built in Arizona are they in the vicinity of any neighborhoods? 5. Is the plan for the new hospital contingent on the helipad? 6. Do you know who will provide the private service for the helicopter, and at this point you don’t know who that will be? Petitioner’s Representative Replied: 1. This community hospital concept is brand new in the nation. It is in response to a paper prepared by the USDA looking at healthcare delivery services in rural America. One thing they discovered in their study is that the typical large facility cost millions of tax payer 12  dollars to build and maintain. The smaller community hospital can be built anywhere, the larger hospitals cannot. The smaller hospitals that were built in Arizona have had overwhelming success by acceptance of the neighborhood because we are conveniently located, we offer a concierge service at no extra charge and you can get in and out quickly. As an example, a patient was driven to the hospital, during the course of treatment by an emergency room doctor it was decided the patient needed a higher level of care and was air lifted to a different facility. We create about 100 permanent jobs, 14 physicians, lab/imaging techs and nurses etc. 2. We will have 11 emergency exam rooms and seven overnight patient rooms for people needing observation. 3. It does happen at times that we would need to fly patients out. 4. Both the Arizona hospitals are in the vicinity of neighborhoods and they fly over those neighborhoods with no complaints. 5. We have not talked about that yet, this is the first time anyone has required an SUP for a helipad. We have the two hospitals in Arizona, four in construction and four in pre- development, and no one has required an SUP before. 6. That is correct, I believe there is a care flight base here at your airport. They would dispense from the airport land at the hospital to pick up the patient and then go. Affected Parties Edgar Lohmann, 9928 Wagner Ln, Westminster, CO Mr. Lohmann stated in the presentation, the 40 ft. sound barrier is mostly to the north of the proposed hospital. There are power lines to the south of this location. Which way will the helicopter be coming in from? He added that he is in agreeance with the proposed hospital. Staff Replied to Mr. Lohmann Staff replied this petition was reviewed by our Electric Engineer, he is requiring placement of the orange visibility markers for crossing visibility that will need to be installed by the petitioner. But, he had no concerns with the helipad. Linda Horn, 3600 N. Coronado Ave., Farmington, NM Miss Horn stated we have two lots involved with this petition, and that she is opposed to the hospital being built there. She added these were estate lots and we fought to keep the value of these lots when Pinon Hills Blvd went in. We did not fight the dentist office when it went it because it has operation hours, the hospital will be 24 hours. A better place to put this would be the corner of Pinon Hills Blvd. and College Blvd. An agreement was made to keep the development to the major intersections. She is worried about creeping zoning. Interested Parties Larry Walling, 5710 Los Arcos Dr., Farmington, NM Mr. Walling stated he is just beyond the 1000 ft. range. He used to be an ER doctor in level 2 and 3 trauma centers and trying to get helicopter services is a very complicated process to set up. As far as saving lives, is life flight going to stop an urgent care on their way to a level 3 trauma center like we have here at SJRMC? If you are having chest pains are you going to stop at a glorified 13 urgent care or are you going to a place that has a Cath lab? There are a lot of issues that need to be considered here. As for the noise issue, we have a helicopter that fly’s over from time to time and it is louder than a hair dryer. I strongly oppose this hospital because of the noise and you are turning our neighborhood into an airport, and question the need for this medical facility in general. Muriel Lee Ginther, 1113 Griffin Ave., Farmington, NM Ms. Ginther stated she lives east of SJRMC. As someone who has needed the emergency services more than once applauds this hospital and am hoping it gets approved. I have lived by SJRMC for 19 years and I am in the flight pattern and have very rarely heard the helicopter. Terrill Richins, 5301 Hood Mesa Tr., Farmington, NM Mr. Richins stated that he is opposed to the hospital because he feels it is not necessary. It is a waste of time and money. A helicopter that is not housed there where it will be taking off from or landing? This makes the flight more risky. The Commission Asked Mr. Richins: 1. Where is your house located on Hood Mesa Trail? Mr. Richins Responded: 1. I’m the second lot up, south of the Lutheran Church. Manish Dandya, 6225 Hood Mesa Tr., Farmington, NM Mr. Dandya stated he is against this proposal. The flight will approach from the SE, where his house is. His house is at the highest elevation. When he worked at Flagstaff Medical Center, we had two air flight accident in the neighborhood and a lot of people on the ground were hurt. I am worried that the traffic pattern will go directly above my house. I am strongly opposed to this facility. There will be more than just the helicopter noise, you will also have ambulances and the noise of a 24 hospital. Johnny M. Oakley, 5712 Holmes Dr., Farmington, NM Mr. Oakley stated one of his concerns when he moved back to Farmington was having the capability to have good medical care. He is in strong agreeance for this hospital with the helipad. Eric Hoduski, 5725 Los Arcos Dr., Farmington, NM Mr. Hoduski stated he lives directly behind where the proposed hospital would be built. He moved there because he wanted out of the city. He is against the hospital mainly because of the helipad. Why would someone want to come here when SJRMC has a higher trauma rating? Is there a need for another hospital with a helipad needed here? There is a house being built on a lot that is touching this proposed site. He added the rescue helicopter will be large and very loud. 14 Mark Camrud, 5610 Los Arcos Dr., Farmington, NM Mr. Camrud wanted to go on record as being opposed to the helipad. He used to live on a piece of land that was under the flight path from our airport. I put up with airport noise for 25 years until I bought my land and built my house, I have enjoyed peace and quiet for the last 25 years. I don’t want the noise or the dust from this helipad and don’t feel it is compatible to have a hospital in a residential neighborhood. Melanie Crawford, 4408 Casa Bonita Dr., Farmington, NM Ms. Crawford stated she has lived here her whole life, and has had some bad experiences at SJRMC and feels competition is a good thing. I also deal with retiree’s looking to move here and the biggest concern is the hospital that doesn’t get good reviews. I think having another option is great for the community. I am definitely for the new hospital with the helipad. Bob Durbin, P.O. Box 358, Farmington, NM Mr. Durbin stated that he lives east of the proposed site. The other night he was sitting on his porch and was watching a helicopter circling and get closer to his location, as it did, he did not hear a thing. 15 Letters of Opposition 16 17 18 19  Commission Discussion The Commission had many questions regarding the decibels of the sound and how that is applied to the ordinance. They would like to hear from the City’s Legal Department and Code Compliance regarding Sec. 12-5-6 from the UDC and ARTICLE 5. – NOISE Sec. 12-5-1. - Definitions. Sec. 12-5-1. - Definitions  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.  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. After this discussion the Commission decided to table this petition until these questions can be answered and the city’s Legal Department can help with the interpretation of the code 12-5-6 of the UDC. 20 The Commission would also like more definitive answers regarding how many trips the helicopter is anticipated to make, who the operator would be, the decibel level for the helicopter at 500 ft. and 1000 ft. away. They would also like to know if there is a specific flight plan and if this hospital is contingent on the helipad. Motion A motion was made by Commissioner Waldroup and seconded by Commissioner Hanson to TABLE Petition SUP 23-42 to the July 13, 2023 Planning & Zoning Meeting to have the City’s Legal Department and Code Compliance attend this meeting to get clarification on the listed items. And to received information from the petitioner regarding the helicopter and the noise it creates. The motion was passed unanimously on a vote of 6-0. 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. Senior Planner Safrany presented the following: Petition  Applicant: Lisa L Webb  Representative: N/A  Location: 605 E. Animas Street  Existing Zoning: Industrial  Existing Land Use: Vacant  Request: Zone Change to Multi-Family Medium Density to allow for a two dwelling unit duplex residence. Subject Property  0.17 Acre (7,500 square feet) property  Parcel has been cleared after a house fire. 21 Area View Street View 22  Zoning Project Description  The petitioner is requesting a Zone Change to Multi-Family Medium Density to allow for a two dwelling unit duplex residence. Industrial zoning does not allow for residential uses. The legal non-conforming residential use has been vacated.  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. The petitioner has requested an administrative adjustment of six percent to go toward the lot size requirement.  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. Site Plan 23  UDC Sec. 8.7.4 Zone Change Issues for Consideration A-B 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 conforms to the medium density residential aspect of the designation. B. Is the proposed zoning and land use 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. UDC Sec. 8.7.4 Zone Change Issues for Consideration C-E C. Will there be adverse impacts; and 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. 24 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. 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. UDC Sec. 8.7.4 Zone Change Issues for Consideration F-G F. Are adequate public facilities and services available to serve development for the type and scope suggested by the proposed zone? 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. 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 Notice  This petition has been properly noticed.  Letters were sent to 6 surrounding property owners.  At the time of this report, no written public comment has been received. 25  Staff Comment  Property located within the Animas River Floodway.  Subject to FEMA regulations and documentation requirements prior to issuance of building permit.  Hydrologic and Hydraulic Study  Conditional Letter of Map Revision (CLOMR)  Finished floor at or above one foot above base flood elevation.  Letter of map revision (LOMR) Staff Conclusion  Compliance: The proposed use is in compliance with the Unified Development Code density standards outlined in UDC Sec. 2.8.  Consistency: The proposed Zone Change is consistent with the 2040 Comprehensive Plan.  Compatibility: 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 at 605 E. Animas Street with the following conditions of approval: 1. The parcel shall be limited to a maximum of two dwelling units. 26  2. An administrative adjustment for a reduction of six percent (500 square feet) towards the minimum required lot shall be granted. 3. The site shall meet all relevant development standards outlined in UDC Article 5. Discussion The Commission Asked Staff: 1. If it is Medium Density, is it still considered Mixed Use? 2. It is in the Employment-Mixed Use area? 3. Is this controlled by the same MRA that controls by the hospital? 4. Why not do a mixed use vs. a medium density. 5. If it is Mixed Use, wouldn’t Multi-Family Medium Use be permitted by right? Staff Replied: 1. Multi-Family Medium Density would not permit any non-residential uses, it would be strictly residential. 2. Yes, that is the overlying 2040 Comprehensive Plan for that area. 3. No, this is not part of the MRA District and not part of the MRA plan. 4. When the petitioner reached out with this proposal, she was seeking to use Multi-Family Medium Density. 5. Yes, it would. Petitioner Lisa Web, PO Box 133, Bloomfield, NM Ms. Webb stated this was originally a multi-family older property that burned down, and in order for us to replace the residence, it must be zoned Multi-Family for financing purposes. The Commission Asked Petitioner: 1. Multi-Family Medium Density zoning is specific to get the tax credits? Petitioner Replied: 1. Yes, for the credits and to rebuild the residence like it was, it must be zoned Multi-Family Medium Density. With no Commission discussion needed, Chair Freeman called for a motion. Motion A motion was made by Commissioner Berens and seconded by Commissioner Cardon to recommend APPROVAL of Petition ZC 23-45 as presented by staff with the following conditions: 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 shall be granted. 27  3. The site shall meet all relevant development standards outlined in UDC Article 5. The motion was adopted unanimously on a vote of 7-0. Business from the Floor: There was no business from the floor. Business from the Chair: There was no business from the Chair. Business from the Members: There was no business from the members. Business from Staff: Planning Manager Escobar shared with the Commission that the City Council adopted their unanimous recommendation of the Preliminary Plan for Desert Rose and after a public hearing they approved the cannabis cultivation SUP at 408 E. Broadway Ave. They also took final action on the cannabis 300 ft. distance requirement for any cannabis facility from a residence. She also thanked Commissioner Hanson for bringing up the question regarding the Subdivision Agreement, we will bring one forward at the next meeting. Adjournment: With no further business, a motion to adjourn was made by Commissioner Ragsdale and seconded by Commissioner Cardon. The motion carried unanimously 7-0 and the meeting was adjourned at 5:15 p.m. _______________________________ _________________________________ Clint Freeman Tami Spencer Chair Administrative Assistant 28  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. 29  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 30  Petition Report SUP 23-42–– Page 3 EXHIBIT 1 31  Petition Report SUP 23-42–– Page 4 EXHIBIT 2 32  Petition Report SUP 23-42–– Page 5 ZONING MAP 33  Petition Report SUP 23-42–– Page 6 AERIAL VIEW OF SITE 34  Petition Report SUP 23-42–– Page 7 PROPOSED SITE PLAN 35  Petition Report SUP 23-42–– Page 8 DISTANCE TO NEAREST RESIDENCE 36  Petition Report SUP 23-42–– Page 9 AREA WITHIN 1000-FOOT RADIUS 37  Petition Report SUP 23-42–– Page 10 38  Petition Report SUP 23-42–– Page 11 39  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. 40  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. 41  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. 42  Petition Report SUP 23-42–– Page 15 43  Petition Report SUP 23-42–– Page 16 44  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 45  COMMUNITY WORKS PETITION REPORT Petition CV – Cannabis Sales 300-foot distance requirement waiver 1812 E 20th Street STAFF REPORT, July 5, 2023 PROJECT INFORMATION Applicant Jason Valdez, property owner Representative Jason Valdez Date of Application February 16, 2023 Requested Action Waiver of the 300-foot distance requirement from a residential district and from another dispensary. Location 1812 E 20th St / R0030128 Existing Land Use Lauter Haus – Storage Building Existing Zoning GC: General Commercial Surrounding Zoning & North: MF-L: Multi-Family Low Density – Residential Land Use South: GC: General Commercial – Movie Theatre East: GC: General Commercial – Brewery West: GC: General Commercial – Auto Repair Notice Requirements Publication of Notice: June 26, 2023, Farmington Daily Times Property owners letter: June 28, 2023 Sign posted: June 30, 2023 Staff Planner Mike Safrany, Senior Planner STAFF ANALYSIS Background The petitioner is proposing a retail cannabis business at the property at 1812 E 20th St. and is requesting a waiver of the 300-foot distance requirement from the residential district at 2101 Schofield Lane and another dispensary at 1901 E. 20th St., the Greenhouse Dispensary. Both properties are within 300 feet of the subject property. Per Section 2.4.67.C of the Unified Development Code retail sales shall not be permitted within 300 feet of any school (public and private), residential use or district, any religious institution, registered daycare center or from another dispensary. Distance is measured by a straight line from the closest property line of the retail business to the closest property line of a religious institution, school, registered daycare or dispensary exclusive of public right-of-way. Beginning July 5 2023, this distance requirement also includes any residential districts. 47  Cannabis Variance -waiver of 300-foot distance requirement CV23-48 Zoning Map 48  Cannabis Variance -waiver of 300-foot distance requirement CV23-48 Aerial Map 49  Cannabis Variance -waiver of 300-foot distance requirement CV23-48 Street View 50  Cannabis Variance -waiver of 300-foot distance requirement CV23-48 Consistency with the UDC and Comprehensive Plan: The 2040 Future Land Use Plan designates this location as ‘Commercial Mixed Use’. The proposed use of cannabis retail sales conforms to commercial mixed use. 2040 Comprehensive Plan - Land Use Map: 51  Cannabis Variance -waiver of 300-foot distance requirement CV23-48 Exhibit A: City/Owner Agreement 52  Cannabis Variance -waiver of 300-foot distance requirement CV23-48 Exhibit B: Approved Site Plan 53  Cannabis Variance -waiver of 300-foot distance requirement CV23-48 Exhibit C: Current Site 54  Cannabis Variance -waiver of 300-foot distance requirement CV23-48 ANALYSIS Variance Criteria – Section 8.12.4, UDC A variance may be granted only where a literal enforcement of the Code provisions would result in unnecessary hardship for a particular property. In order to grant a variance, the ARB must make a positive finding of fact concerning each of the following or, if a positive finding of fact cannot be made that the ARB specifically describes the circumstance that would outweigh the strict requirement for a positive finding of fact and determine that the variance will not be a public detriment: 1. That special conditions and circumstances exist, which are peculiar to the land, structure or building involved and are not applicable to other lands, structures or buildings in the same district; and, furthermore, that they are not self-imposed, self- created or otherwise the result of actions by the applicant. The physical building of the second dispensary is over 450 ft. away from the subject property. In addition, a major arterial street is separating the two establishments to the south. However, the residence to the north is less than 300 feet away building to building and only 50 feet away property line to property line. There are no unique conditions or circumstances present to justify the close distance to the north residence. This criterion IS NOT met. 2. That a literal interpretation of the provisions of the Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Code. A literal interpretation of the code would prohibit a retail cannabis facility from being located at 1812 E 20th St. despite the surrounding area being properly zoned General Commercial. The Green House dispensary operates a retail business approximately 400 feet to the east on 20th street. This criterion IS met. 3. The applicant demonstrates that the request is a minimum easing of the Code requirements, making possible the reasonable use of the land, building or structure. The existing site plan and parking layout has not been completed per the agreement dated May 6 2019 for the Lauter House Brewery located directly to the west (Exhibit A). Both properties share parking on the subject property at 1812 E 20th Street (Exhibit B). The unresolved issues include paving, striping and a drainage pond. These discrepancies are not a minimum easing of the code and leave the parking issues for the proposed dispensary unresolved. This criterion IS NOT met. 4. That the granting of the variance is in harmony with the general interest, the general purpose and intent of the Code, and is not injurious to the neighborhood or otherwise detrimental to the public welfare. 55  Cannabis Variance -waiver of 300-foot distance requirement CV23-48 The proposed variance is injurious to the neighborhood. Drainage and parking issues must be resolved prior to another business operating on the property, which will add further flooding and vehicle circulation risks (Exhibit C). This criterion IS NOT met. 5. That the proposed variance will not permit a use not otherwise allowed in the underlying district. The granting of this variance will not allow any other prohibited uses in the GC: General Commercial District. This criterion IS met. 6. That no nonconforming use of neighboring lands, structures or buildings in the same district and no permitted use of lands, structures or buildings in other districts has been or shall be considered grounds for the issuance of a variance. No nonconforming uses, structures or buildings in the same district have been considered as grounds for this variance request. This criterion IS met. 7. That the applicant would suffer an unnecessary hardship if the variance requested were denied. The applicant would be prevented from opening a retail cannabis facility at the location of the subject property. The property owner would lose a potential tenant. This criterion IS met. PUBLIC INPUT Letters were sent to 10 surrounding neighbors and the property was posted with a sign. No public input has been received at this time. PETITIONER’S JUSTIFICATION FOR A VARIANCE We feel that if one variance is approved then they should all be. There are currently cannabis dispensaries operating within 300 feet of religious institutions. REVIEWING AGENCIES COMMENTS Derrick Childers, Chief Building Official: 1- A building permit will need to be issued for any renovations. 2- I recommend a site visit with the fire department and I before a building permit is submitted. Colby Gibson, Long Range Planner: The 2040 Future Land Use Plan designates this area as Commercial Mixed Use. The proposed use is consistent with the retail sales aspect of the designation. STAFF CONCLUSION The Community Works Department concludes that petition CV 23- 48 is not a minimum easing of the code and does not meet the intent of the code. The proposed property is not fully developed to previous agreements between the owner and the city. 56  Cannabis Variance -waiver of 300-foot distance requirement CV23-48 STAFF RECOMMENDATION The Community Works Department recommends denial of Petition ARB 23-48 from Jason Valdez for a variance from Section 2.4.67.C of the City of Farmington Unified Development Code to allow for a waiver of the 300-foot distance requirement from a religious institution, and a residential use area. 57 Cannabis Variance -waiver of 300-foot distance requirement CV23-48 58 Cannabis Variance -waiver of 300-foot distance requirement CV23-48 59 Cannabis Variance -waiver of 300-foot distance requirement CV23-48 60 Cannabis Variance -waiver of 300-foot distance requirement CV23-48 61 Cannabis Variance -waiver of 300-foot distance requirement CV23-48 62  Cannabis Variance -waiver of 300-foot distance requirement CV23-48 Properties within 100 feet NAME1 ADDRESS CITYSTATEZIP Allen Theatres Properties LLC PO Box 1500 Farmington, NM 87499-1500 B C And G Properties LLC Attn Bradshaw S 112 W Twilight Dr Farmington, NM 87401 Chavez Carlos & Bertina PO Box 751 Aztec, NM 87410-0751 Flack Family Investments Limited Partner 1030 Walnut Dr Farmington, NM 87401 Frazier Garland Ray & Rhonda Leigh 2101 Schofield Ln Farmington, NM 87401-2522 Heath Properties LLC 4180 Vista Pinon Dr Farmington, NM 87401 Lee Avenue LLC 707 E Crestview Dr Farmington, NM 87401 Mace Capital Inc 5600 Largo St Farmington, NM 87401 Stanco Alan D 1820 E 20th St Farmington, NM 87401-4312 Summers Thomas Y & Tammie Marie PO Box 26 Flora Vista, NM 87415 63  COMMUNITY WORKS PETITION REPORT Petition CV –Cannabis Sales 300-foot distance requirement waiver 1932 E Main Street STAFF REPORT, July 5, 2023 PROJECT INFORMATION Applicant Jason Valdez, property owner Representative Jason Valdez Date of Application May 30, 2023 Requested Action Waiver of the 300-foot distance requirement from a religious institution and a residential zoning district. Location 1932 E Main St/R0023766 Existing Land Use Auto detailing and hydraulics business - Unique Detail Existing Zoning GC: General Commercial Surrounding Zoning & North: GC: General Commercial – Commercial Buildings Land Use South: GC: General Commercial – Singleton's Mobile Homes East: GC: General Commercial – Polar Station, Ice & Water West: GC: General Commercial – Que Rico Restaurant Notice Requirements Publication of Notice: June 26, 2023, Farmington Daily Times Property owners letter: June 28, 2023 Sign posted: June 30, 2023 Staff Planner Mike Safrany, Senior Planner STAFF ANALYSIS Background The petitioner is proposing a retail cannabis business at the property at 1932 E Main St. and is requesting a waiver of the 300-foot distance requirement from the Desert Heights Church located at 1835 E. Main St. and residential uses to the north, off E. Navajo St. Both properties are within 300 feet of the subject property. Per Section 2.4.67.C of the Unified Development Code retail sales shall not be permitted within 300 feet of any school (public and private), residential use or district, any religious institution, registered daycare center or from another dispensary. Distance is measured by a straight line from the closest property line of the retail business to the closest property line of a religious institution, school, registered daycare or dispensary exclusive of public right-of-way. Beginning July 5 2023, this distance requirement also includes any residential districts. 65  Cannabis Variance -waiver of 300-foot distance requirement CV23-49 Zoning 66  Cannabis Variance -waiver of 300-foot distance requirement CV23-49 Aerial Map 67  Cannabis Variance -waiver of 300-foot distance requirement CV23-49 Street View 68  Cannabis Variance -waiver of 300-foot distance requirement CV23-49 Consistency with the UDC and Comprehensive Plan: The 2040 Future Land Use Plan designates this location as ‘Commercial Mixed Use’. The proposed use of cannabis retail sales conforms to commercial mixed use. 69  Cannabis Variance -waiver of 300-foot distance requirement CV23-49 2040 Comprehensive Plan - Land Use Map: ANALYSIS Variance Criteria – Section 8.12.4, UDC A variance may be granted only where a literal enforcement of the Code provisions would result in unnecessary hardship for a particular property. In order to grant a variance, the ARB must make a positive finding of fact concerning each of the following or, if a positive finding of fact cannot be made that the ARB specifically describes the circumstance that would outweigh the strict requirement for a positive finding of fact and determine that the variance will not be a public detriment: 1. That special conditions and circumstances exist, which are peculiar to the land, structure or building involved and are not applicable to other lands, structures or buildings in the same district; and, furthermore, that they are not self-imposed, self- created or otherwise the result of actions by the applicant. The physical building of the religious institution is over 300 ft. away from the subject property. In addition, a major arterial street is separating the two establishments to the south. The residences to the north are two streets away from proposed location with several commercial buildings separating the establishments. This criterion IS met. 70  Cannabis Variance -waiver of 300-foot distance requirement CV23-49 2. That a literal interpretation of the provisions of the Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Code. A literal interpretation of the code would prohibit a retail cannabis facility from being located at 1932 E Main St. despite the surrounding area being properly zoned General Commercial. This criterion IS met. 3. The applicant demonstrates that the request is a minimum easing of the Code requirements, making possible the reasonable use of the land, building or structure. Considering the realities of the distances, the retail buffers plus the 90 ft. right-of-way provided by Main Street, this request is a minimum easing of the Unified Development Code and would allow the property owner to have a retail cannabis sales store on the subject property. There is currently no opposition from the public. This criterion IS met. 4. That the granting of the variance is in harmony with the general interest, the general purpose and intent of the Code, and is not injurious to the neighborhood or otherwise detrimental to the public welfare. The proposed variance is not injurious to the neighborhood. The location is surrounded by commercial businesses and is on one of Farmington’s main commercial corridors. This criterion IS met. 5. That the proposed variance will not permit a use not otherwise allowed in the underlying district. The granting of this variance will not allow any other prohibited uses in the GC: General Commercial District. This criterion IS met. 6. That no nonconforming use of neighboring lands, structures or buildings in the same district and no permitted use of lands, structures or buildings in other districts has been or shall be considered grounds for the issuance of a variance. No nonconforming uses, structures or buildings in the same district have been considered as grounds for this variance request. This criterion IS met. 7. That the applicant would suffer an unnecessary hardship if the variance requested were denied. The applicant would be prevented from opening a retail cannabis facility at the location of the subject property. The property owner would lose a potential tenant. This criterion IS met. 71  Cannabis Variance -waiver of 300-foot distance requirement CV23-49 PUBLIC INPUT Letters were sent to 15 surrounding neighbors and the property was posted with a sign. No public input has been received at this time. PETITIONER’S JUSTIFICATION FOR A VARIANCE The property is just under 300' from property lines. This is an easing of city code. They would still meet state laws. REVIEWING AGENCIES COMMENTS Derrick Childers, Chief Building Official: 1- A building permit will need to be issued for any renovations. 2- I recommend a site visit with the fire department and I before a building permit is submitted. Colby Gibson, Long Range Planner: The 2040 Future Land Use Plan designates this area as Commercial Mixed Use. The proposed use is consistent with the retail sales aspect of the designation. STAFF CONCLUSION The Community Works Department concludes that approval of CV 23- 49 is a minimum easing of the code, meets the intent of the code and is a property that has characteristics unique enough to allow for waiver of the 300-foot distance requirement. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition ARB 23-49 from Jason Valdez for a variance from Section 2.4.67.C of the City of Farmington Unified Development Code to allow for a waiver of the 300-foot distance requirement from a religious institution, and a residential use area with the following conditions: 1. A City of Farmington business registration will be required. 2. A building/fire inspection shall be required. 3. A building permit shall be required for any remodeling. 72 Cannabis Variance -waiver of 300-foot distance requirement CV23-49 73 Cannabis Variance -waiver of 300-foot distance requirement CV23-49 74 Cannabis Variance -waiver of 300-foot distance requirement CV23-49 75 Cannabis Variance -waiver of 300-foot distance requirement CV23-49 76 Cannabis Variance -waiver of 300-foot distance requirement CV23-49 77  Cannabis Variance -waiver of 300-foot distance requirement CV23-49 Properties within 100 feet NAME1 ADDRESS CITYSTATEZIP Bhagvan Jagdish & Patel Pushpa 1900 E Main St Farmington, NM 87401-7712 William & Juanell Blasingame Trst B 1417 Laguna Ave Farmington, NM 87401-2437 Castro Alfredo & Luz Elena 507 Winter Solstice Farmington, NM 87401 Chapin Investments Doto LLC 904 Schofield Ln Farmington, NM 87401 Cinkardia LLC 122 E Main St Farmington, NM 87401 The Farmington Group LLC PO Box 2098 Farmington, NM 87499 Foutz Revocable Trust 2873 E Elgin St Chandler, AZ 85225 Ronald Lee & Sarah Kathleen Ivie Livin 1009 Orchard Dr Farmington, NM 87401 McCarty Bryan F & Tesia K 7631 Tuscany Way Farmington, NM 87402-8273 Pini Dario L PO Box 4853 Santa Barbara, CA 93140 Scfrc Hw V LLC 900 Schofield Ln Farmington, NM 87401 Shermann Samala Singleton Trust 2001 E Main St Farmington, NM 87401-7713 Desert Heights Community Church PO Box 3752 Farmington, NM 87499 Alfred Eugene& Alberta Mae 12 Road 5467 Nbu 3041 Farmington, NM 87401-1420 United Food Store No 3 Inc 904 Schofield Ln Farmington, NM 87401 78  STAFF REPORT A request for a Zone Change from Residential Estate 1 (RE-1) to Local Neighborhood Commercial (LNC) to allow for a Gymnastics Studio. STAFF REPORT, July 13, 2023 PROJECT INFORMATION Applicant Rian French Representative N/A Date of Application May 31, 2023 Requested Action The petitioner is requesting a Zone Change from Residential Estate 1 (RE-1) to Local Neighborhood Commercial (LNC) to allow for a gymnastics studio. Location Pinon Frontage Road Farmington, NM 87401 (R0051761) Existing Land Use Undeveloped Parcel Existing Zoning Residential Estate 1 2040 Future Land Use Employment Mixed Use Designation Surrounding Zoning North: RE-1: Residential Estate 1 – Residential & Land Use South: OP: Office and Professional – Residential/Oilfield East: RU: Rural Agricultural – Undeveloped Parcel West: RE-1: Residential Estate 1 – Undeveloped Parcel Notice Requirements Publication of Notice: June 26, 2023, Farmington Daily Times Property owners letter: June 26, 2023 Sign posted: July 3, 2023 Staff Planner Joaquin Gonzalez, Associate Planner 1|Page 79  City of Farmington ZC 23-50 Pinon Frontage Road BACKGROUND The San Juan County Tax Assessor’s records show Pinon Frontage Road (R0051761) as 2.36 acres in size. The parcel is undeveloped. Project Description The petitioner is requesting a Zone Change to Local Neighborhood Commercial (LNC) to allow a gymnastics studio to be built on the property. Residential Estate 1 zoning does not allow for athletic/health clubs. The subject property is 2.36 acres (101,762 square feet) in size and meets the minimum lot size requirements for the Local Neighborhood Commercial zoning district of 10,890 square feet. The applicant is proposing a 4,000 square feet gymnastics studio, which will be able to accommodate 170 kids. The petitioner desires a large open space facility with designated areas for all of their gymnastics equipment and a party/parent viewing area. Hours of operation will be the same as their existing facility on E. Main St, from Monday – Thursday 4:00 pm to 7:00 pm. SITE PLAN 2|Page 80 PINON FRONTAGE RD 3|Page 81 AREA OVERVIEW 4|Page 82  City of Farmington ZC 23-50 Pinon Frontage Road SURROUNDING USES Subject Property Residential Religious Assembly Oilfield/Construction Storage Vacant/Unused Land 5|Page 83  City of Farmington ZC 23-50 Pinon Frontage Road ZONING 6|Page 84  City of Farmington ZC 23-50 Pinon Frontage Road 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 as well as entrepreneurial start-ups. The proposed zone change to Local Neighborhood Commercial is compatible with the land use 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 Local Neighborhood Commercial zoning and land use is compatible with the current conforming uses and character of the neighborhood. Property uses in the area vary and include Residential, Religious Assembly, Oilfield/Construction Storage, and Vacant/unused Land. C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? An adverse impact has been identified with the proposed land use. There will be an increase in average daily traffic count. The petitioner has estimated 30 vehicle trips from 4-7pm. This 7|Page 85  City of Farmington ZC 23-50 Pinon Frontage Road will be mitigated by road improvements on Pinon Frontage Rd per section 5.13. As well as residential protection being put in place in accordance to section 5.10. The area contains an array of residential, rural agricultural and office professional uses. D. Is the proposed density and intensity of use permitted in the proposed zoning district? The Local Neighborhood Commercial zoning district requires 10,890 square feet per The proposed use of a athletic/health club (gymnastics studio) is permitted in the proposed zoning district. UDC Sec. 3.12 - Local neighborhood commercial (LNC). 3.12.1 Purpose. The local neighborhood commercial (LNC) district is intended to accommodate neighborhood-oriented, low-intensity retail sales and service uses in commercial clusters and/or nodes along thoroughfares and at intersections that are readily accessible from surrounding residential areas. LNC district uses attract customers from a limited area and are typically located along collector or arterial streets. The LNC district includes specific standards designed to ensure the compatibility with the residential-scale and style of the neighborhoods they serve. It is appropriate for application in areas that are already developed with such uses, and it may also be used to accommodate new development proposals that are compatible with such uses. In all cases, new development in the LNC district should be adequately served by infrastructure. The LNC district is intended to implement, in part, the planning policies of the comprehensive plan's "Commercial" land use designation. The LNC district may further be appropriate for implementation, in part, of the Piñon Hills Plan. 3.12.2 Locational requirement. In addition to the rezoning issues for consideration of section 8.7.4, rezoning to the LNC district, and may be limited to: A. Areas located within 1,000 feet of the intersection of two collector streets; or B. Areas located within 1,000 feet of the intersection of a collector street with a local street; C. Development of LNC nodes may include all four corners at intersections and be at least one-half mile away from any other LNC district. 3.12.3 Allowed uses. Uses are allowed in the LNC district in accordance with the use table of section 2.3. 3.12.4 Density and dimensional standards. All development in the LNC district is subject to the density and dimensional standards of section 2.8; provided, however, that: A. Maximum lot size/contiguous area. Development within the LNC district is limited to the following: (1) Collector/collector street intersections. The maximum lot size/contiguous area shall be no greater than ten acres per quadrant. (2)Collector/local street intersections. The maximum lot size/contiguous area shall be no greater than five acres per quadrant. 3.12.5 District standards. District standards applicable in the LNC district include the following: A. Building design.(1)Exhibit a unity of design for buildings within multi-building complexes through the use of similar elements such as rooflines, materials, window arrangement, sign location, and details.(2)Incorporate, within all walls over 100 feet in length, at least four recesses, offsets, angular forms and other features within each 100-foot length to provide a visually interesting shape.(3)Utilize colors complementary to that of other structures in the area or vicinity 8|Page 86  City of Farmington ZC 23-50 Pinon Frontage Road without calling undue attention to the development.B. Landscaping and screening. All development in the LNC district shall comply with the requirements of section 5.5, landscaping and screening, including but not limited to the requirements of [section] 5.5.6, parking area landscaping.C. Signs. In addition to the sign requirements of section 5.8, signs, all signs shall be architecturally integrated with the building by including materials, shapes, and/or colors utilized in the building design. E. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? The subject property is 2.36 acres (101,762 square feet) in size and meets the minimum lot size requirements for the Local Neighborhood Commercial zoning district of 10,890 square feet. A 4,000 square feet gymnastics studio is suitable for the site while leaving adequate space for required parking/landscaping. 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 shall be provided by an extension of Pinon Frontage Road from the east. Pinon Frontage Rd is a local street and has not had a study conducted to calculate average daily traffic numbers. Utilities can be reasonably extended by the petitioner. Road improvements on Pinon Frontage Rd will be required per section 5.13 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 compliance with the Comprehensive Plan and the Pinon Hills Corridor 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 as well as entrepreneurial start-ups. The Pinon Hills Corridor Plan designates this area for Office/Business uses. This plan was adopted by Council in 2004 and provides a development plan for the corridor, including access management and land use guidance. PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to seven surrounding property owners. At the time of this report, no written public comment has been received. STAFF CONCLUSION 9|Page 87  City of Farmington ZC 23-50 Pinon Frontage Road • The proposed use complies 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 and adopted Pinion Hills Corridor 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 23-50, a request from Rian French, for a Zone Change from Residential Estate 1 (RE-1) to Local Neighborhood Commercial (LNC) to allow for a gymnastics studio, with the following conditions of approval: 1) A fully dimensioned site plan shall be required to be submitted with the building permit, showing all parking dimensions, aisle widths, landscaping and lighting. Site will be developed in general conformance to the approved site plan which shall conform to all development standards outlined in UDC Article 5, including but not limited to parking, landscaping, lighting, paving, and screening. 2) Developer shall work with the City Engineer to design and construct access to the subject property from Pinon Frontage Road. This includes providing a survey showing the existence of an access easement. 3) Petitioner shall meet the requirements set forth for residential protection per UDC section 5.10. 4) Permits shall be required for construction. 10 | P a g e 88  City of Farmington ZC 23-50 Pinon Frontage Road 11 | P a g e 89  City of Farmington ZC 23-50 Pinon Frontage Road 12 | P a g e 90  City of Farmington ZC 23-50 Pinon Frontage Road 13 | P a g e 91  City of Farmington ZC 23-50 Pinon Frontage Road 14 | P a g e 92  City of Farmington ZC 23-50 Pinon Frontage Road 15 | P a g e 93  City of Farmington ZC 23-50 Pinon Frontage Road 16 | P a g e 94