Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive August 24, 2023 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the August 10, 2023 P&Z Meeting 4 Petition SUP 23-54 – A request for a Special Use Permit to allow for the keeping of two horses at 6230 Hood Mesa Trail, a 2.5-acre property. Parcel No. R0561312 Presented by Long Range Planner Gibson – This petition has been withdrawn. 5 Petition SUP 23-55 – A request for a Special Use Permit to allow for Outdoor Display at 929 E Main St. (R0023747) and 931 E Main St. (R0023748) Presented by Associate Planner Gonzalez 6 Petition SUP 23-56 – A request to allow cannabis manufacturing, production and commercial cultivation at 1717 Schofield Lane, a 0.483-acre property. Parcel No. R0020079. Presented by Long Range Planner Gibson 7 Petition CV 23-57 – A request for a waiver of the required 300-foot distance from a residential use to a cannabis manufacturing, production and commercial cultivation facility at 1717 Schofield Lane, a 0.483-acre property. Parcel No. R0020079. Presented by Long Range Planner Gibson 8 Business From Floor: Chairman: Members: Staff: 9 Adjournment Petition items on this agenda will be scheduled for the next City Council meeting – September 12, 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 August 10, 2023 The Planning & Zoning Commission met in a regular session on August 10, 2023 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. P&Z Members Present: Vice Chair Ryan Brown Cheryl Ragsdale Cody Waldroup Amber Hodge Gary Hanson Shay Davis P&Z Members Absent Chair Clint Freeman Joyce Cardon Clete Berens Staff Present: Beth Escobar Olivia Groeber Tami Spencer David Sypher Others Who Addressed the Commission No others addressed the Commission Call to Order Vice Chair Brown 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 Waldroup and seconded by Commissioner Davis to approve the agenda of the August 10, 2023 Planning & Zoning Commission meeting with item #4, Petition SUP 23-42 removed from the agenda. This motion passed unanimously by a 6-0 vote. Approval of the Minutes A motion was made by Commissioner Ragsdale and seconded by Commissioner Hodge to approve the minutes of the July 27, 2023 Planning & Zoning Commission meeting. This motion passed unanimously by a 6-0 vote. Swearing of Witnesses There were no witnesses to swear in. Farmington Metropolitan Planning Organization Bike & Pedestrian Plan Update MPO Associate Planner Olivia Groeber Presented the following: 1 2 3 4 5 6 7 8 9 10 11 12 13 The Commission and Associate Planner Groeber discussed the boundaries for the Metropolitan Planning Organization (MPO) and how it is a Regional Planning Agency that serves Bloomfield, Farmington, Kirtland, Aztec and San Juan County. The MPO boundary lines will eventually go to the state line. Ms. Groeber also added the Bike & Pedestrian Plan will be available to the public after it is reviewed in September. They also discussed how the MPO gets its funding. There is structured funding that comes from the Federal Highway Association and NMDOT. 14 Subdivision Agreements and Infrastructure Financing Planning Manager Escobar Presented the following: 15 16 The Commission and Planning Manager Escobar discussed the financial assurance aspect of this agreement and that the developer could develop the infrastructure in phases. 17 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 informed the Commission that the building department received 10 commercial permits in one week and that there has been interest from big developers on W. Main St. Ms. Escobar added that at Tuesday’s City Council meeting the Zone Change for Rian French on Pinon Frontage Rd. and the SUP for the co-location for the cell tower on E. Main St. were both approved on the consent agenda. Adjournment: With no further business, a motion to adjourn was made by Commissioner Ragsdale and seconded by Commissioner Waldroup. The motion carried unanimously 6-0 and the meeting was adjourned at 3:29 p.m. _______________________________ _________________________________ Vice Chair Brown Tami Spencer Chair Administrative Assistant 18  COMMUNITY WORKS PETITION REPORT Petition SUP 23-55 929 and 931 E. Main St STAFF REPORT, August 24, 2023 PROJECT INFORMATION Applicant Jessica Trevizo, Tenant Representative N/A Date of Application July 12, 2023 Requested Action Approval of a special use permit to allow for outside sales and display on site. Location 929 and 931 E. Main St. Existing Land Use Outside Sales and Display Existing Zoning General Commercial 2040 Future Land The 2040 Future Land Use Plan designates area as Commercial Use Designation Mixed Use. The proposed outdoor sales and display conforms to the retail aspect of Commercial Mixed Use. Surrounding Zoning North: GC: General Commercial & Land Use South: GC: General Commercial East: GC: General Commercial West: GC: General Commercial Notice Publication of Notice: August 7, 2023, Farmington Daily Times Requirements Property owners letter: August 7, 2023 Sign posted: August 14, 2023 Staff Planner Joaquin Gonzalez, Associate Planner STAFF ANALYSIS Background The applicant is requesting a Special Use Permit (SUP) to allow for outside sales and display at 929 and 931 E. Main St. The subject properties are located on 1.46 acres. The lots consist of a 0.70-acre parcel (R0023747) and a 10.10-acre parcel (R0023748) they are both zoned General Commercial. There is one 1,300 Square Foot service repair garage on-site built in 1971 on 929 E Main St. There is one 3,480 Square Foot service repair garage on-site built in 1971 on 931 E Main St. 19  City of Farmington SUP 23-55 929 and 931 E. Main St Zoning Map 20  City of Farmington SUP 23-55 929 and 931 E. Main St Aerial Map 21  City of Farmington SUP 23-55 929 and 931 E. Main St Area View 22  City of Farmington SUP 23-55 929 and 931 E. Main St Street View 23  City of Farmington SUP 23-55 929 and 931 E. Main St Site Plan 24  City of Farmington SUP 23-55 929 and 931 E. Main St Unified Development Code (UDC) UDC 8.9. A. Special Use Permits: The purpose of a Special Use Permit is to allow for discretionary approval of uses with unique operating characteristics. A. Special use permit approvals attach to the property and are transferable to subsequent owners. B. Special Use Permit approval shall expire after 18 months from the date of approval if operation of the approved use has not commenced. C. Time limits shall be set through the conditions of approval. If this SUP was approved, it could transfer to another owner, carrier or tenant. Unified Development Code – Section 2.4.46 This section of the UDC outlines the use standards for outside display of goods and merchandise: A. A site plan prepared in accordance with the requirements of section 8.5 shall be approved and filed with the findings of fact and conclusions of law as part of the approval. B. The display area shall not encroach or interfere with on-site access, parking, circulation, or required landscaping. C. The display area shall not encroach upon a public street, alley, sidewalk, or other public property unless a permit for any such encroachment has been obtained from the city. D. The display area shall, at all times, be kept neat, clean, and free of litter and debris. E. All goods, merchandise, vehicles, or implements which remain on display shall be properly watched or otherwise secured against theft, vandalism, damage, or loss in accordance with the requirements of section 5.4, fencing and walls. Special Use Permit Criteria – Section 8.9.4 of the UDC Section 8.9.4 of the UDC sets forth the criteria for review of a special use permit. The section states that a SUP may be approved where it is reasonably determined that there will be no significant negative impact upon residents of surrounding property or upon the public. The criteria for approval is listed as follows: A. Effect on environment: The location, size, design, and operation characteristics of the proposed use shall not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants and shall not be substantially or permanently injurious to the neighboring property. The proposed business should not be detrimental to health and safety of the surrounding area which consists of all commercial uses. The petitioner intends to put a chain link fence around the property to ensure that they will not cause any permanent injuries to the neighboring properties. 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. 25  City of Farmington SUP 23-55 929 and 931 E. Main St Based on information provided by the petitioner, the business should be compatible with the surrounding general commercial uses. Surrounding uses are commercial, the proposed use will be harmonious with the character of the area. 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. The proposed outdoor display and sales use will not have a negative impact on existing uses in the area. The merchandise is made off site and then delivered to the property. D. Infrastructure impacts minimized: The proposed use shall not have negative impacts on existing uses in the area and in the city through impacts on public infrastructure such as roads, parking facilities, and water and sewer systems, and on public services such as police and fire protection and solid waste collection, and the ability of existing infrastructure and services to provide services adequately. The proposed outdoor display and sales use will not have a negative impact on existing uses in the area. Petitioner will be providing adequate spacing/circulation for public access and emergency services. The subject property has access from E Main Street which is classified as a major arterial by the City’s Major Thoroughfare Plan. The subject property will have ample parking for the proposed use. E. Consistent with the UDC and Comprehensive Plan: The proposed use will be consistent with purposes of this UDC, the Comprehensive Plan, and any other statutes, ordinances or policies that may be applicable, and will support rather than interfere with the uses otherwise permitted in the zone in which it is located. The petitioner meets the requirements of UDC Sec. 2.4.46, specifically: • The proposed location is zoned General Commercial, outdoor display is permitted in the General Commercial zoning district with a Special Use Permit. • A site plan was prepared and in accordance with the requirements of section 8.5 • The display area does not encroach or interfere with on-site access, parking, and circulation. • The display area does not encroach upon a public street, alley, sidewalk, or other public property unless a permit for any such encroachment has been obtained from the city. • All goods, merchandise, vehicles, or implements which remain on display are and will be properly watched or otherwise secured against theft, vandalism, damage, or loss in accordance with the requirements of section 5.4, fencing and walls. The 2040 Future Land Use Plan designates area as Commercial Mixed Use. The proposed outdoor display conforms to the retail aspect of the Commercial Mixed Use designation. 26  City of Farmington SUP 23-55 929 and 931 E. Main St F. Parcel size: The proposed use may be required to have additional land area, in excess of the minimum lot area otherwise required by the underlying zoning district, as necessary to ensure adequate mitigation of impacts on surrounding land uses and the zoning district. The subject properties combined are 1.46 acres in size, sufficient for the use proposed. G. Site Plan: The proposed use shall be required to comply with the site plan review procedures and standards of Section 8.5, site plan review, as specified. The site plan meets the standards of Section 8.5 and includes the outdoor display layout. PUBLIC INPUT Letters were sent to 14 surrounding neighbors and the property was posted with a sign. At the time of this report no public input has been received. 27  City of Farmington SUP 23-55 929 and 931 E. Main St STAFF COMMENTS Assistant Fire Marshal - Kipp Rix ‘Joaquin, I walked today with the owners of Camino Real Imports located at 931 E. Main St. The indicated that the central entrance gate would be required to be minimum 20 feet in width, other accessory gates had no minimum width as far as fire was concerned. a minimum of 23 ft clear width would be required between the two structures and in front of the east structure. Their non- combustible products could be located next to the exterior of the building but could not block exit doors, I suggested that product be moved away from the sidewalk to allow for proper sight clearance of oncoming traffic. I also advised them to submit a set of plans to you as to the desired fence location and marking of all gates. I advised that a KNOX Box would be required on the main gate with keys to the gate and structure entry doors.’ STAFF CONCLUSION The subject property seems to be an appropriate location for outdoor display. Surrounding uses are general commercial. The use is consistent with the 2040 Land Use Plan designation of commercial mixed use. The application meets the criteria for approval of a Special Use permit. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition SUP 23-55, a request from Jessica Trevizo, for outdoor display at 929 and 931 E. Main St. in the General Commercial zoning district with the following conditions of approval: 1. Petitioner shall meet the UDC requirements for section 2.4.46: Sales or display, outdoor. 2. All access requirements contained in the Fire Marshall’s comments shall be maintained. 3. The SUP shall be effective for five years, at which time the applicant can renew 28  City of Farmington SUP 23-55 929 and 931 E. Main St 29  City of Farmington SUP 23-55 929 and 931 E. Main St 30  City of Farmington SUP 23-55 929 and 931 E. Main St 31  COMMUNITY WORKS STAFF REPORT Petition SUP 23-56: 1717 Schofield Lane Cannabis Manufacturing, Production and Commercial Cultivation. STAFF REPORT, August 24, 2023 PROJECT INFORMATION Applicant Bradley Schritter, property owner Representative N/A Date of Application July 12, 2023 The petitioner is requesting a Special Use Permit to allow for Requested Action cannabis manufacturing, production and commercial cultivation. Location 1717 Schofield Lane Existing Land Use Vacant commercial property Future Land Use Commercial Mixed Use Designation Existing Zoning General Commercial North: General Commercial – Industrial sales and service uses Surrounding Zoning & South: General Commercial – Commercial sales and service uses Land Use East: General Commercial – Industrial and residential uses West: Multi-Family Low Density – Community service uses Publication of Notice: August 7, 2023, Farmington Daily Times Notice Requirements Property owners letter: August 7, 2023 Sign posted: August 14, 2023 Staff Planner Colby Gibson, Long Range Planner Page 1 of 31 33 1717 Schofield Lane SUP 23-56 Staff Report STAFF ANALYSIS Background The San Juan County Tax Assessor’s records shows the lot size as 0.483 acres. There is one 3,112 square foot service repair garage built in 1970 on the property. There are also light industrial shell buildings on the property built in 1987. The applicant is proposing to use the property for indoor commercial cannabis cultivation, manufacturing, and production. Per UDC Sections 2.4.69 and 2.4.71, these uses are permitted in the General Commercial zoning district with a Special Use Permit. The subject property is within 300 feet of multiple residential uses and is seeking a waiver to the City’s distancing requirement. The applicant does not currently plan to sell retail. Proposed retail hours are from 6am to 10pm Sunday-Saturday. The facility will be accessible by appointment only. The applicant proposes up to 200 plants total. A solvent free form of extraction will be used involving only using ice and water. A site plan showing the proposed layout is shown below: Page 2 of 31 34 1717 Schofield Lane SUP 23-56 Staff Report Zoning Map Page 3 of 31 35 1717 Schofield Lane SUP 23-56 Staff Report Zoning Map: Area Page 4 of 31 36 1717 Schofield Lane SUP 23-56 Staff Report Aerial Map Page 5 of 31 37 1717 Schofield Lane SUP 23-56 Staff Report Aerial Map: Area Page 6 of 31 38 1717 Schofield Lane SUP 23-56 Staff Report Street View Page 7 of 31 39 1717 Schofield Lane SUP 23-56 Staff Report Unified Development Code (UDC) Special Use Permits Section 8.9.1 - The purpose of a Special Use Permit is to allow for discretionary approval of uses with unique operating characteristics. Section 8.9.2 A. - 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. Section 8.9.4 – Special use review criteria. Special use permits be approved where it is reasonably determined that there will be no significant negative impact upon residents of surrounding property or upon the public. The following criteria shall be considered in the application review: A. Effect on environment: The location, size, design, and operation characteristics of the proposed use shall not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants and shall not be substantially or permanently injurious to the neighboring property. Placement of a cannabis facility at this location should not be injurious to the surrounding neighborhood. Surrounding uses are largely commercial and industrial. The use will be carried out indoors and be required to install a security system and alarms within the facility. B. Compatible with surrounding area: The proposed site plan, circulation plan, and schematic architectural designs shall be harmonious with the character of the surrounding area with relationship to scale, height, landscaping and screening and density. The existing building is in good shape and harmonious with the character of the surrounding area. The petitioner does not intend to have any signage on the building, giving it continued discretion in the area. The property is secured with a chain-link fence with privacy slats. 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. The proposed facility shall comply with industry and state requirements for noise and fumes. A carbon air filter and purification system are proposed to eliminate any potential fumes or odors. A solvent free production and manufacturing process is proposed, using only water, ice, and heated pressure for extraction. The applicant states that the product will be sealed and frozen after harvest, minimizing ay potential odors. Page 8 of 31 40 1717 Schofield Lane SUP 23-56 Staff Report D. Infrastructure impacts minimized: The proposed use shall not have negative impacts on existing uses in the area and in the city through impacts on public infrastructure such as roads, parking facilities, and water and sewer systems, and on public services such as police and fire protection and solid waste collection, and the ability of existing infrastructure and services to provide services adequately. The proposed cannabis production and manufacturing facility will not have a negative impact on existing infrastructure and services. The subject property has access from Schofield Ave, classified as a local street by the City’s Major Thoroughfare Plan with no Average Daily Traffic count. The City will work with the petitioner to ensure the facility has sufficient water and sewer systems. The petitioner will be required to stripe off a minimum of three parking spaces and one ADA/Van accessible parking space with applicable signage. 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 2040 Future Land Use Plan designates the subject property Commercial Mixed Use. The proposed use of commercial cannabis cultivation, manufacturing, and production conforms to the retail aspect of the Commercial Mixed Use designation. F. Parcel Size: The proposed use may be required to have additional land area, in excess of the minimum lot area otherwise required by the underlying zoning district, as necessary to ensure adequate mitigation of impacts on surrounding land uses and the zoning district. The subject property is 0.483 acres, sufficient for the use proposed. G. Site Plan: The proposed use shall be required to comply with the site plan review procedures and standards of Section 8.5, site plan review, as specified. Page 9 of 31 41 1717 Schofield Lane SUP 23-56 Staff Report The applicant has submitted a site plan to staff for review, meeting all applicable standards. Section 8.9.6 Expiration of approval. A. Special use permit approvals shall expire after 18 months from the date of approval if construction or operation of the approved use has not commenced. B. Time limits of Special Use Permits shall be set through the conditions of approval. The city council may extend the special use permit for a definitive time period upon written request from the applicant, which must be received before the date of expiration. PUBLIC INPUT Letters were sent to eight surrounding neighbors and the property was posted with a sign. At the time of this report no public input has been received. STAFF CONCLUSION • The proposed use meets the Special Use Permit criteria outlined in the Unified Development Code Section 8.9.4. Staff has not received any community opposition regarding this petition. • The proposed use is consistent with the 2040 Comprehensive Plan and compatible with the Future Land Use Plan designation of Commercial Mixed Use. • The proposed use should not have a negative impact on the environment or surrounding area. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition SUP 23-56, a request from Bradley Schritter, for a Special use Permit to allow for cannabis manufacturing, production and commercial cultivation at 1717 Schofield Lane in the General Commercial zoning district with the following conditions of approval: 1. A building and fire inspection shall be required. 2. The existing barbed wire shall be removed from the exterior fence per UDC Section 5.4.6 standards. 3. The applicant shall install three parking spaces including one ADA accessible parking space per UDC section 5.2.3 and 5.2.10. 4. The SUP shall be effective for five years, at which time the applicant can renew. Page 10 of 31 42 1717 Schofield Lane SUP 23-56 Staff Report Page 11 of 31 43 1717 Schofield Lane SUP 23-56 Staff Report Page 12 of 31 44 1717 Schofield Lane SUP 23-56 Staff Report Page 13 of 31 45 1717 Schofield Lane SUP 23-56 Staff Report Page 14 of 31 46 1717 Schofield Lane SUP 23-56 Staff Report Page 15 of 31 47 1717 Schofield Lane SUP 23-56 Staff Report Page 16 of 31 48 1717 Schofield Lane SUP 23-56 Staff Report Page 17 of 31 49 1717 Schofield Lane SUP 23-56 Staff Report Page 18 of 31 50 1717 Schofield Lane SUP 23-56 Staff Report Page 19 of 31 51 1717 Schofield Lane SUP 23-56 Staff Report Page 20 of 31 52 1717 Schofield Lane SUP 23-56 Staff Report Page 21 of 31 53 1717 Schofield Lane SUP 23-56 Staff Report Page 22 of 31 54 1717 Schofield Lane SUP 23-56 Staff Report Page 23 of 31 55 1717 Schofield Lane SUP 23-56 Staff Report Page 24 of 31 56 1717 Schofield Lane SUP 23-56 Staff Report Page 25 of 31 57 1717 Schofield Lane SUP 23-56 Staff Report Page 26 of 31 58 1717 Schofield Lane SUP 23-56 Staff Report Page 27 of 31 59 1717 Schofield Lane SUP 23-56 Staff Report Page 28 of 31 60 1717 Schofield Lane SUP 23-56 Staff Report Properties within 100 feet Page 29 of 31 61 1717 Schofield Lane SUP 23-56 Staff Report Page 30 of 31 62 1717 Schofield Lane SUP 23-56 Staff Report Page 31 of 31 63  COMMUNITY WORKS STAFF REPORT Petition CV 23-57: 1717 Schofield Lane Cannabis 300-foot Distance Requirement Waiver STAFF REPORT, August 24, 2023 PROJECT INFORMATION Applicant Bradley Schritter, property owner Representative N/A Date of Application July 12, 2023 The petitioner is requesting a waiver from the City’s 300-foot distance Requested Action requirement from a residential use and a commercial cannabis manufacturing, production and cultivation facility. Location 1717 Schofield Lane Existing Land Use Vacant commercial property Future Land Use Commercial Mixed Use Designation Existing Zoning General Commercial North: General Commercial Surrounding Zoning South: General Commercial & Land Use East: General Commercial West: Multi-Family Low Density Publication of Notice: August 7, 2023, Farmington Daily Times Notice Requirements Property owners letter: August 7, 2023 Sign posted: August 14, 2023 Staff Planner Colby Gibson, Long Range Planner Page 1 of 30 65 1717 Schofield Lane CV 23-57 Staff Report STAFF ANALYSIS Background The San Juan County Tax Assessor’s records shows the lot size as 0.483 acres. There is one 3,112 square foot service repair garage built in 1970 on the property. There are also light industrial shell buildings on the property built in 1987. The applicant is proposing to use the property for indoor commercial cannabis cultivation, manufacturing, and production. Per UDC Sections 2.4.69 and 2.4.71, these uses are permitted in the General Commercial zoning district with a Special Use Permit. The petitioner is requesting a waiver from the City’s 300-foot distance requirement from a residential use and a commercial cannabis manufacturing, production and cultivation facility. There are five residences located directly across the street from the subject property as well as two additional residences to the south (250-feet away). Distance is measured property line to property line and excludes Right of Way. Proposed retail hours are from 6am to 10pm Sunday-Saturday. The facility will be accessible by appointment only. The applicant proposes up to 200 plants total. A solvent free form of extraction will be used involving only using ice and water. A site plan showing the proposed layout is shown below: Page 2 of 30 66 1717 Schofield Lane CV 23-57 Staff Report Zoning Map Page 3 of 30 67 1717 Schofield Lane CV 23-57 Staff Report Zoning Map: Area Page 4 of 30 68 1717 Schofield Lane CV 23-57 Staff Report Aerial Map Page 5 of 30 69 1717 Schofield Lane CV 23-57 Staff Report Aerial Map: Area Page 6 of 30 70 1717 Schofield Lane CV 23-57 Staff Report 300-foot Perimeter There are several residential uses within 300-feet of the subject property Page 7 of 30 71 1717 Schofield Lane CV 23-57 Staff Report Street View Page 8 of 30 72 1717 Schofield Lane CV 23-57 Staff Report Consistency with the UDC and Comprehensive Plan The 2040 Future Land Use Plan designates the subject property Commercial Mixed Use. The proposed use of commercial cannabis cultivation, manufacturing, and production conforms to the retail aspect of the Commercial Mixed Use designation. STAFF 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, a positive finding of fact concerning each of the following or, if a positive finding of fact cannot be made specifically describing 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 selection of the subject property for a cannabis use is self-imposed. The physical building of the subject property is only 95 linear feet away from the nearest residence. The only buffer between the subject property and the residences to the east is Schofield Lane which is only a two lane road with a 50 foot right of way. There are five (5) residences across the street on Schofield Ln within 300 linear feet, not excluding right of way. The distancing requirement is in place to protect existing residences from nearby cannabis land uses however the subject property is properly zoned for a commercial cannabis facility. The residential uses within 300 feet of the subject property are not permitted in GC zoning and are therefore legal non-conforming. This criterion IS NOT met. Page 9 of 30 73 1717 Schofield Lane CV 23-57 Staff Report 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 1717 Schofield Ln. 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. The petitioner has met every other requirement of the UDC with the exception of the distance requirement to a residential use. In addition the use will be carried out indoors and should not have a negative impact on the surrounding neighborhood. Staff believes that the applicant has demonstrated that the request is a minimum easing of the Code requirements. 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 use is carried out indoors and is not injurious to the neighborhood. The location is surrounded by wide variety of uses including commercial, industrial and residential. The applicant proposes using a carbon filtering system to reduce or eliminate any potential 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. Page 10 of 30 74 1717 Schofield Lane CV 23-57 Staff Report The applicant currently owns the subject property. If the variance were to be denied, they would be prevented from opening a retail cannabis facility at the location. This criterion IS met. PUBLIC INPUT Letters were sent to eight surrounding neighbors and the property was posted with a sign. At the time of this report no public input has been received. STAFF CONCLUSION • The proposed use meets all but one of the variance criteria outlined in UDC Sec. 8.12.4. Staff has not received any community opposition to this petition. • The proposed use is consistent with the 2040 Comprehensive Plan and compatible with the Future Land Use Plan designation of Commercial Mixed Use. • The proposed use should not have a negative impact on the environment or surrounding area. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition CV 23-57, a request from Bradley Schritter, for a waiver from the City’s 300-foot distance requirement from a residential use and a commercial cannabis manufacturing, production and cultivation facility at 1717 Schofield Lane in the General Commercial zoning district with the following conditions of approval: 1. A building and fire inspection shall be required. 2. The existing barbed wire shall be removed from the exterior fence per UDC Section 5.4.6 standards. 3. The applicant shall install three parking spaces including one ADA accessible parking space per UDC section 5.2.3 and 5.2.10. 4. The SUP shall be effective for five years, at which time the applicant can renew. 5. Waiver of the distance requirement is contingent upon approval of SUP 23-56, a request for a Special Use Permit to allow for commercial cannabis manufacturing, production and cultivation. 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