Planning & Zoning
Regular MeetingFarmington, NM · August 10, 2023
Agenda
AGENDA
Planning & Zoning Commission
City Council Chambers – 800 Municipal Drive
August 10, 2023 - 3:00 p.m.
Item
1 Call Meeting to Order
2 Approval of the Agenda
3 Approval of the Minutes of the July 27, 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Presented by Senior Planner Safrany – This petition has been withdrawn.
5 Presentation of the MPO Bicycle and Pedestrian Plan Presented by MPO Associate
Planner Olivia Groeber
6 Presentation of the Subdivision Agreements for new subdivisions. Presented by Planning
Manager Escobar
7 Business From
Floor:
Chairman:
Members:
Staff:
8 Adjournment
Petition items on this agenda will be scheduled for the next
City Council meeting – August 22, 2023
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Minutes
Planning & Zoning Commission
July 27, 2023
The Planning & Zoning Commission met in a regular session on July 27, 2023 at 3:00 p.m. in the
City Council Chambers, 800 Municipal Drive, Farmington, New Mexico.
P&Z Members Present: Chair Clint Freeman
Vice Chair Ryan Brown
Cheryl Ragsdale
Cody Waldroup
Amber Hodge
Joyce Cardon
Gary Hanson
Clete Berens
P&Z Members Absent Shay Davis
Staff Present: Mike Safrany
Joaquin Gonzalez
Tami Spencer
Others Who Addressed the Commission Mayor Nate Duckett
Rian French
Victoria Chhun
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 Berens and seconded by Commissioner Waldroup to
approve the agenda of the July 27, 2023 Planning & Zoning Commission meeting. This motion
passed unanimously by a 8-0 vote.
Approval of the Minutes
A motion was made by Commissioner Waldroup and seconded by Commissioner Hodge to
approve the minutes of the July 12, 2023 Planning & Zoning Commission meeting. This motion
passed unanimously by a 8-0 vote.
Swearing of Witnesses
Tami Spencer, Administrative Assistant swore in all parties that wished to speak.
Recognition of Service – Mayor Duckett
Mayor Duckett wanted to provide appreciation from himself and City Council for their service on
the Planning & Zoning Commission, which is a unique commission. The Planning & Zoning
Commission deal with subjects that no other board or commission deals with, there are legitimate
tangible issues associated with these Commissions. Mayor Duckett presented the
Commissioners with a City of Farmington bronze coin as a token of his appreciation. The coin
has four words on the back, service, stewardship, civility and citizenship, the front has the City of
Farmington logo and a picture of the bluffs and recognition that the coin is from the office of the
Mayor.
The Commission thanked Mayor Duckett and wanted the Mayor to know they think he is doing an
outstanding job as Mayor. They wanted to thank Mayor Duckett for the opportunity to support him
and what he is doing for the City of Farmington.
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 at Pinon
Frontage Road
Commissioner Berens recused himself from hearing this petition.
Associate Planner Gonzalez presented the following:
Petition
• Applicant: Rian French
• Representative: N/A
• Location: Pinon Frontage Rd
• Existing Zoning: Residential Estate 1
• Existing Land Use: Undeveloped
• Request: Zone Change to Local Neighborhood Commercial to allow for a
Gymnastics Studio.
Subject Property
• 2.36 Acre Parcel
• Parcel is Undeveloped
Area View
Zoning
Street View
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
Road Improvements
Farmington Comprehensive Plan
Employment Mixed Use
• Supports a wide range of employment types with focus on integrated live/work
uses.
• Medium to high density residential.
• Entrepreneurial Start-ups
Pinon Hills Corridor Plan
UDC Sec. 8.7.4
Zone Change Issues for Consideration
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 will allow just that.
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 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 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 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.
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
4,500 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?
Access to the site shall be provided off of Hood Mesa Trail onto Pinon Frontage Road from the
west. Utilities can be reasonably extended by the petitioner. Road improvements on Pinon
Frontage Rd will be required.
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. 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. The Pinon Hills Corridor Plan designates this area for Office/Business uses.
Public Notice
• This petition has been properly noticed.
• Letters were sent to 7 surrounding property owners.
• At the time of this report, no written public comment has been received.
Staff Comment
Staff Conclusion
Compliance: The proposed use complies 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 and Pinon Hills Corridor 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 23-50, 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 on Pinon Frontage Road from the west on Hood Mesa Trail. Legal access
to the subject property shall require a minimum of a 24-foot wide paved surface with four-
foot shoulders. Surveying will be required to show the existence of an access easement.
3) Petitioner shall meet the requirements set forth for residential protection per UDC
section 5.10.
Discussion
The Commission Asked Staff:
1. Has the issue of the transmission line that my affect the entrance/exit to the property been
taken care of?
Staff Replied:
1. The petitioner is aware and will work with the City Engineer on the access points.
A discussion was had regarding the patent and access easements. It was discussed that the
petitioner would have to provide a survey plat showing the access easement. The petitioner would
also be in charge of building, to city standards, the access road from Hood Mesa Trail to the
entrance of the property. This road would then be maintained by the City.
Petitioner Rian French, 5500 Hogan Pl., Farmington NM
Ms. French stated she has no issue with any of the conditions listed by the City.
With no public input Chair Freeman closed the public comment portion for petition ZC 23-50.
With no Commission discussion needed. Chair Freeman called for a motion.
Motion
A motion was made by Commissioner Cardon and seconded by Commissioner Ragsdale to
Approve Petition ZC 23-50 as recommended by staff with the following conditions.
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 on Pinon Frontage Road from the west on Hood Mesa Trail. Legal access
to the subject property shall require a minimum of a 24-foot wide paved surface with four-
foot shoulders. Surveying will be required to show the existence of an access easement.
3) Petitioner shall meet the requirements set forth for residential protection per UDC
section 5.10.
The motion was passed on a vote of 7-0.
Petition SUP 23-52 – A request for a Special Use Permit (SUP) to allow for a wireless
antenna collocation, to be constructed on the existing tower at 5825 E. Main Street for Dish
wireless communications.
Senior Planner Safrany presented the following:
Petition
• Applicant: Victoria Chhun
• Representative: Victoria Chhun
• Location: 5825 E Main St.
• Existing Zoning: GC – General Commercial
• Land Use: Existing Monopole – Commercial Strip Mall
• Request: SUP to allow collocation of wireless communication equipment
SUPs
• The purpose of a Special Use Permit is to allow for discretionary approval of uses with
unique operating characteristics.
UDC 8.9.2 A. Special Use Permits:
• Special use permit approvals attach to the property and are transferable to subsequent
owners.
• If this SUP was approved, it could transfer to another owner, carrier or tenant.
Background
• The existing monopole is 250’-7” in height.
• There are existing AT&T wireless antennas mounted at 126 feet to 147 feet above ground
level. There are additional equipment pads and equipment shelter buildings fenced in at
ground level.
• The petitioner has submitted a SUP for placement of collocation equipment for DISH at a
height of 230 feet.
• Additional equipment will be installed at ground level within the fenced-in area.
• Power and fiber cables will connect underground to sources located at the NE corner of
the site.
Subject Property
Site Plan
View from E. Main St.
View from Rancho de Animas
Elevation
Collocation Requirements
• UDC 2.4.56.D Collocation Requirements
• As part of the use regulations for telecommunication facilities, the collocation
requirements provide guidance for the orderly deployment of equipment and
facilities throughout the region.
• The placement of DISH equipment on the existing tower on the subject property
complies with these requirements.
• The placement of the equipment on an existing tower satisfies the goal of limiting
a proliferation of cell towers.
• The applicant shall provide information certifying that DISH is in compliance with
all regulations.
Public Notice
• Letters were sent to 8 surrounding property owners. At the time of this report no
public input has been received.
Staff Recommendation
The Community Development Department recommends approval of Petition SUP 23-52, a
request from Victoria Chhun, for placement of a collocation tenant at 230 feet in height on an
existing monopole located at 5825 E Main St, R2001310, subject to the following conditions:
1. Towers and antennae shall be removed, at the owner’s expense, within 180 days of the
discontinuance of use unless the City extends this time in writing.
2. The 24 foot access easement on the east side of the site must remain clear at all times.
3. The applicant shall provide state and federal information certifying that DISH is in
compliance with all regulations. UDC Sec. 2.4.56.E (4) and (5).
4. The SUP shall not have a time limit for renewal.
Discussion
The Commission Asked Staff:
1. Will there antennas installed at the top?
Staff Replied:
1. To staff’s understanding, it will be antennae’s.
Petitioner Victoria Chhun, 820 Katy Frwy, Houston TX, 77024
Ms. Chhun questioned the condition regarding the equipment removal, and the 180 days after
discontinuance time limit.
Senior Planner Safrany explained that is a UDC requirement and if they needed an extension of
the 180 days that could be addressed in writing and then possibly extended.
There was a discussion regarding the 24-foot access easement required by the fire department
for emergency access.
With no public input Chair Freeman closed the public comment portion for petition SUP 23-52.
With no Commission discussion needed. Chair Freeman called for a motion.
Motion
A motion was made by Commission Waldroup and seconded by Commissioner Cardon to
recommend APPROVAL of Petition SUP 23-52 as presented by staff with the following
conditions:
1. Towers and antennae shall be removed, at the owner’s expense, within 180 days of the
discontinuance of use unless the City extends this time in writing.
2. The 24 foot access easement on the east side of the site must remain clear at all times.
3. The applicant shall provide state and federal information certifying that DISH is in
compliance with all regulations. UDC Sec. 2.4.56.E (4) and (5).
4. The SUP shall not have a time limit for renewal.
The motion was passed on a vote of 8-0.
Future Land Use Presentation.
Long Range Planner Gibson presented the following:
The Commission and Long Range Planner Gibson discussed the Future Land Use presentation
along with future growth areas and design standards. The Commission thanked Mr. Gibson for
his hard work on this presentation.
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: Senior Planner Safrany shared with the Commission that the City Council
adopted both cannabis variances with votes of 3-2. Mayor Duckett had the deciding vote for both
variances.
Adjournment: With no further business, a motion to adjourn was made by Commissioner
Waldroup and seconded by Commissioner Cardon. The motion carried unanimously 8-0 and the
meeting was adjourned at 4:21 p.m.
_______________________________ _________________________________
Clint Freeman Tami Spencer
Chair Administrative Assistant
Farmington Metropolitan
Planning Organization
Bike & Pedestrian Plan Update
SUBDIVISION AGREEMENTS AND
INFRASTRUCTURE FINANCING
Planning & Zoning Commission
August 10, 2023
Minutes
Planning & Zoning Commission
July 27, 2023
The Planning & Zoning Commission met in a regular session on July 27, 2023 at 3:00 p.m. in the
City Council Chambers, 800 Municipal Drive, Farmington, New Mexico.
P&Z Members Present: Chair Clint Freeman
Vice Chair Ryan Brown
Cheryl Ragsdale
Cody Waldroup
Amber Hodge
Joyce Cardon
Gary Hanson
Clete Berens
P&Z Members Absent Shay Davis
Staff Present: Mike Safrany
Joaquin Gonzalez
Tami Spencer
Others Who Addressed the Commission Mayor Nate Duckett
Rian French
Victoria Chhun
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 Berens and seconded by Commissioner Waldroup to
approve the agenda of the July 27, 2023 Planning & Zoning Commission meeting. This motion
passed unanimously by a 8-0 vote.
Approval of the Minutes
A motion was made by Commissioner Waldroup and seconded by Commissioner Hodge to
approve the minutes of the July 12, 2023 Planning & Zoning Commission meeting. This motion
passed unanimously by a 8-0 vote.
Swearing of Witnesses
Tami Spencer, Administrative Assistant swore in all parties that wished to speak.
Recognition of Service – Mayor Duckett
Mayor Duckett wanted to provide appreciation from himself and City Council for their service on
the Planning & Zoning Commission, which is a unique commission. The Planning & Zoning
Commission deal with subjects that no other board or commission deals with, there are legitimate
tangible issues associated with these Commissions. Mayor Duckett presented the
Commissioners with a City of Farmington bronze coin as a token of his appreciation. The coin
has four words on the back, service, stewardship, civility and citizenship, the front has the City of
Farmington logo and a picture of the bluffs and recognition that the coin is from the office of the
Mayor.
The Commission thanked Mayor Duckett and wanted the Mayor to know they think he is doing an
outstanding job as Mayor. They wanted to thank Mayor Duckett for the opportunity to support him
and what he is doing for the City of Farmington.
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 at Pinon
Frontage Road
Commissioner Berens recused himself from hearing this petition.
Associate Planner Gonzalez presented the following:
Petition
• Applicant: Rian French
• Representative: N/A
• Location: Pinon Frontage Rd
• Existing Zoning: Residential Estate 1
• Existing Land Use: Undeveloped
• Request: Zone Change to Local Neighborhood Commercial to allow for a
Gymnastics Studio.
Subject Property
• 2.36 Acre Parcel
• Parcel is Undeveloped
Area View
Zoning
Street View
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
Road Improvements
Farmington Comprehensive Plan
Employment Mixed Use
• Supports a wide range of employment types with focus on integrated live/work
uses.
• Medium to high density residential.
• Entrepreneurial Start-ups
Pinon Hills Corridor Plan
UDC Sec. 8.7.4
Zone Change Issues for Consideration
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 will allow just that.
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 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 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 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.
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
4,500 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?
Access to the site shall be provided off of Hood Mesa Trail onto Pinon Frontage Road from the
west. Utilities can be reasonably extended by the petitioner. Road improvements on Pinon
Frontage Rd will be required.
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. 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. The Pinon Hills Corridor Plan designates this area for Office/Business uses.
Public Notice
• This petition has been properly noticed.
• Letters were sent to 7 surrounding property owners.
• At the time of this report, no written public comment has been received.
Staff Comment
Staff Conclusion
Compliance: The proposed use complies 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 and Pinon Hills Corridor 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 23-50, 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 on Pinon Frontage Road from the west on Hood Mesa Trail. Legal access
to the subject property shall require a minimum of a 24-foot wide paved surface with four-
foot shoulders. Surveying will be required to show the existence of an access easement.
3) Petitioner shall meet the requirements set forth for residential protection per UDC
section 5.10.
Discussion
The Commission Asked Staff:
1. Has the issue of the transmission line that my affect the entrance/exit to the property been
taken care of?
Staff Replied:
1. The petitioner is aware and will work with the City Engineer on the access points.
A discussion was had regarding the patent and access easements. It was discussed that the
petitioner would have to provide a survey plat showing the access easement. The petitioner would
also be in charge of building, to city standards, the access road from Hood Mesa Trail to the
entrance of the property. This road would then be maintained by the City.
Petitioner Rian French, 5500 Hogan Pl., Farmington NM
Ms. French stated she has no issue with any of the conditions listed by the City.
With no public input Chair Freeman closed the public comment portion for petition ZC 23-50.
With no Commission discussion needed. Chair Freeman called for a motion.
Motion
A motion was made by Commissioner Cardon and seconded by Commissioner Ragsdale to
Approve Petition ZC 23-50 as recommended by staff with the following conditions.
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 on Pinon Frontage Road from the west on Hood Mesa Trail. Legal access
to the subject property shall require a minimum of a 24-foot wide paved surface with four-
foot shoulders. Surveying will be required to show the existence of an access easement.
3) Petitioner shall meet the requirements set forth for residential protection per UDC
section 5.10.
The motion was passed on a vote of 7-0.
Petition SUP 23-52 – A request for a Special Use Permit (SUP) to allow for a wireless
antenna collocation, to be constructed on the existing tower at 5825 E. Main Street for Dish
wireless communications.
Senior Planner Safrany presented the following:
Petition
• Applicant: Victoria Chhun
• Representative: Victoria Chhun
• Location: 5825 E Main St.
• Existing Zoning: GC – General Commercial
• Land Use: Existing Monopole – Commercial Strip Mall
• Request: SUP to allow collocation of wireless communication equipment
SUPs
• The purpose of a Special Use Permit is to allow for discretionary approval of uses with
unique operating characteristics.
UDC 8.9.2 A. Special Use Permits:
• Special use permit approvals attach to the property and are transferable to subsequent
owners.
• If this SUP was approved, it could transfer to another owner, carrier or tenant.
Background
• The existing monopole is 250’-7” in height.
• There are existing AT&T wireless antennas mounted at 126 feet to 147 feet above ground
level. There are additional equipment pads and equipment shelter buildings fenced in at
ground level.
• The petitioner has submitted a SUP for placement of collocation equipment for DISH at a
height of 230 feet.
• Additional equipment will be installed at ground level within the fenced-in area.
• Power and fiber cables will connect underground to sources located at the NE corner of
the site.
Subject Property
Site Plan
View from E. Main St.
View from Rancho de Animas
Elevation
Collocation Requirements
• UDC 2.4.56.D Collocation Requirements
• As part of the use regulations for telecommunication facilities, the collocation
requirements provide guidance for the orderly deployment of equipment and
facilities throughout the region.
• The placement of DISH equipment on the existing tower on the subject property
complies with these requirements.
• The placement of the equipment on an existing tower satisfies the goal of limiting
a proliferation of cell towers.
• The applicant shall provide information certifying that DISH is in compliance with
all regulations.
Public Notice
• Letters were sent to 8 surrounding property owners. At the time of this report no
public input has been received.
Staff Recommendation
The Community Development Department recommends approval of Petition SUP 23-52, a
request from Victoria Chhun, for placement of a collocation tenant at 230 feet in height on an
existing monopole located at 5825 E Main St, R2001310, subject to the following conditions:
1. Towers and antennae shall be removed, at the owner’s expense, within 180 days of the
discontinuance of use unless the City extends this time in writing.
2. The 24 foot access easement on the east side of the site must remain clear at all times.
3. The applicant shall provide state and federal information certifying that DISH is in
compliance with all regulations. UDC Sec. 2.4.56.E (4) and (5).
4. The SUP shall not have a time limit for renewal.
Discussion
The Commission Asked Staff:
1. Will there antennas installed at the top?
Staff Replied:
1. To staff’s understanding, it will be antennae’s.
Petitioner Victoria Chhun, 820 Katy Frwy, Houston TX, 77024
Ms. Chhun questioned the condition regarding the equipment removal, and the 180 days after
discontinuance time limit.
Senior Planner Safrany explained that is a UDC requirement and if they needed an extension of
the 180 days that could be addressed in writing and then possibly extended.
There was a discussion regarding the 24-foot access easement required by the fire department
for emergency access.
With no public input Chair Freeman closed the public comment portion for petition SUP 23-52.
With no Commission discussion needed. Chair Freeman called for a motion.
Motion
A motion was made by Commission Waldroup and seconded by Commissioner Cardon to
recommend APPROVAL of Petition SUP 23-52 as presented by staff with the following
conditions:
1. Towers and antennae shall be removed, at the owner’s expense, within 180 days of the
discontinuance of use unless the City extends this time in writing.
2. The 24 foot access easement on the east side of the site must remain clear at all times.
3. The applicant shall provide state and federal information certifying that DISH is in
compliance with all regulations. UDC Sec. 2.4.56.E (4) and (5).
4. The SUP shall not have a time limit for renewal.
The motion was passed on a vote of 8-0.
Future Land Use Presentation.
Long Range Planner Gibson presented the following:
The Commission and Long Range Planner Gibson discussed the Future Land Use presentation
along with future growth areas and design standards. The Commission thanked Mr. Gibson for
his hard work on this presentation.
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: Senior Planner Safrany shared with the Commission that the City Council
adopted both cannabis variances with votes of 3-2. Mayor Duckett had the deciding vote for both
variances.
Adjournment: With no further business, a motion to adjourn was made by Commissioner
Waldroup and seconded by Commissioner Cardon. The motion carried unanimously 8-0 and the
meeting was adjourned at 4:21 p.m.
_______________________________ _________________________________
Clint Freeman Tami Spencer
Chair Administrative Assistant
Farmington Metropolitan
Planning Organization
Bike & Pedestrian Plan Update
SUBDIVISION AGREEMENTS AND
INFRASTRUCTURE FINANCING
Planning & Zoning Commission
August 10, 2023
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