Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive September 14, 2023 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the August 24, 2023 P&Z Meeting 4 Petition ZC 23-59 – A request for a Zone Change from SF-7, Single-Family Residential to GC, General Commercial. Located at 4205 Hudson St. Parcel No. R0026516. Presented by Senior Planner Safrany 5 Petition ZC 23-60 – A request for a Zone Change from SF-7, Single-Family Residential to GC, General Commercial. Located at 4201 ½ Hudson St. – Lots 1B (R0031851), 1E (R0030750), 1F (R0026302). Presented by Senior Planner Safrany 6 Petition ZC 23-61 – A request for a Zone Change from Single-Family 7 to Mixed Use to allow for a commercial mixed-use development located on 8.259 acres along Cliffside Dr. (behind Home Depot) Parcel No. R0030308. Presented by Long Range Planner Gibson 7 Petition ZC 23-62 – A request for a Zone Change from OP, Office Professional to IND, Industrial (No minimum lot size). Located at 900 W Pinon St. Parcel No. R4005266. Presented by Senior Planner Safrany 8 Petition SUP 23-63 – A request for an SUP to allow cannabis manufacturing and production at 5100 E. Main St. #105 Parcel No. R0020709. Presented by Long Range Planner Gibson 9 Business From Floor: Chairman: Members: Staff: 10 Adjournment Petition items on this agenda will be scheduled for the next City Council meeting – September 26, 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 24, 2023 The Planning & Zoning Commission met in a regular session on August 24, 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 Gary Hanson Clete Berens Shay Davis P&Z Members Absent Amber Hodge Staff Present: Mike Safrany Colby Gibson Joaquin Gonzalez Tami Spencer Elizabeth Sandoval Others Who Addressed the Commission Bradley Schritter David Schritter 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 Waldroup and seconded by Commissioner Berens to approve the agenda of the August 24, 2023 Planning & Zoning Commission meeting with item #1, Petition SUP 23-54 being indefinitely withdrawn. This motion passed unanimously by an 8-0 vote. Approval of the Minutes A motion was made by Vice Chair Brown and seconded by Commissioner Davis to approve the minutes of the August 10, 2023 Planning & Zoning Commission meeting. This motion passed unanimously by an 8-0 vote. Swearing of Witnesses Tami Spencer, Administrative Assistant swore in all parties that wished to speak. 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) 1 Associate Planner Gonzales Presented the Following: Petition • Applicant: Jessica Trevizo, Tenant • Location: 929 & 931 E. Main Street • Existing Zoning: General Commercial • Request: Special Use Permit (SUP) to allow outside sales and display Subject Property Zoning 2 Area View Street View Site Plan 3  Farmington Comprehensive Plan Unified Development Code Sec. 8.9 • 8.9.1 Purpose: Special Use Permits allow for discretionary approval of uses with unique or widely varying operating characteristics. • 8.9.2 Applicability: Special Use Permit approvals attach to the property and are transferable to subsequent owners. • 8.9.5 Additional Conditions: Additional reasonable conditions may be imposed as necessary to carry out the purpose and intent of the UDC and to mitigate adverse effects of the proposed use. • 8.9.6 Expiration of Approval: • Special Use Permit approval shall expire after 18 months from the date of approval if operation of the approved use has not commenced. • Time limits shall be set through the conditions of approval. 8.9.4 Special Use Review Criteria: The following criteria has been considered in the application review: A. Effect on Environment: Shall not be detrimental to the health, welfare or safety of the neighborhood. B. Compatible with surrounding area: Existing building is in good shape and harmonious with the character of the surrounding area. C. External Impacts Minimized: The proposed outdoor display and sales use will not have a negative impact on existing ` uses in the area. D. Infrastructure Impacts Minimized: No negative impact on existing infrastructure or services. 8.9.4 Special Use Review Criteria: The following criteria has been considered in the application review: E. Consistent with UDC and Comprehensive Plan: Conforms with the UDC Sec. 2.4.46 and with the ‘Commercial Mixed Use’ designation. F. Parcel Size: Subject property size is sufficient for proposed use. 4 G. Site Plan: Site plan meets UDC standards. Public Notice • Letters were sent to 14 surrounding property owners. At the time of this report no public input has been received. 5 Staff Comments 6  Staff Conclusion Compliance: The proposed use complies with the Unified Development Code SUP Sales or display, outdoor standards outlined in UDC Sec. 2.4.46. Consistency: The proposed use is consistent with the 2040 Land Use Plan designation of commercial mixed use. Compatibility: The proposed outdoor display use is appropriate in the subject property location based on the surrounding uses (General Commercial). Staff Recommendation The Community Works Department recommends approval of Petition SUP 23-55, a request from Jessica Trevizo, for outside sales and display at 929 and 931 E. Main Street 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, and UDC section 5.2 Off-street parking and loading standards. • 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. Discussion Associate Planner Gonzalez and the Commission had a conversation regarding the chain-link fence along with the sight triangle. The line of sight (sight triangle) would need to be met for the three entrance/exits and at the southeast corner of Scott Ave. and E. Main St. Staff assured the Commission that the chain-link fence and the ADA parking spaces would be installed properly and to city standards. There would be a final inspection, by the Building Inspection Department upon completion of the fence and parking spots. The Petitioner was not available for questions by the Commission. With no public input Chair Freeman closed the public comment portion of the meeting for petition SUP 23-55. With no Commission discussion needed. Chair Freeman called for a motion. Motion A motion was made by Commissioner Davis and seconded by Commissioner Waldroup to Approve Petition SUP 23-55 as recommended by staff with the following conditions. • 1) Petitioner shall meet the UDC requirements for section 2.4.46: Sales or display, outdoor, and UDC section 5.2 Off-street parking and loading standards. • 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. The motion was passed unanimously on a vote of 8-0. 7 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 Long Range Planner Gibson Presented the Following: Petition Information • Applicant: Bradley Schritter, property owner • Location: 1717 Schofield Lane • Existing Zoning: General Commercial • Existing Land Use: Vacant commercial property • Request: A request for a Special Use Permit to allow for cannabis manufacturing, production and commercial cultivation. Subject Property • Size: 0.483 Acre lot • Two buildings: • 3,112 square foot service repair/garage (south) • Light industrial shell buildings (north west) 8 Zoning 9  Street View Project Description • Seeking SUP to allow for indoor commercial cannabis cultivation, manufacturing and production. Up to 200 plants. • Uses are permitted in the GC zoning district with a SUP. • Does not intend to sell retail at this time. Plans to sell to cannabis retailers. Pickup / drop-off and delivery options. • Hours of operation: 6am-10pm daily. Accessible by appointment only. • Applicant proposes using a solvent free form of extraction using only ice and water. No risk of fire or explosion. • Applicant is also seeking a waiver of the 300-foot distance requirement to residential (separate petition). Site Plan 10  300-Foot Radius o UDC Sec 2.4.69 & 71 distance requirement. o Distance defined. o Residential uses within 300-feet. Cannabis Facilities • The Green House is located 800’ to the north. • Recently approved cannabis retail facility at 1812 E. 20th St 11  Special Use Permits UDC Sec. 8.9 • 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 8.9.6 Expiration of approval. 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. 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. UDC Section 8.9.4 SUP Criteria A. Effect on Environment: 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: 12 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 facility shall comply with industry and state requirements for noise and fumes. A carbon air filter and purification system are proposed. A solvent free production and manufacturing process is proposed, using only water, ice, and heated pressure for extraction. D. Infrastructure impacts minimized: The proposed cannabis production and manufacturing facility will not have a negative impact on existing infrastructure and services. E. Consistent with the UDC and Comprehensive Plan Applicant meets all relevant Code standards with the exception of the 300-distance requirement to residential uses. Commercial Mixed Use • Recommends variety of retail and services. • Flexible for changing commercial trends. F. Parcel Size: The subject property is 0.483 acres in size, sufficient for the use proposed. G. Site Plan: The applicant has submitted a site plan to staff for review, meeting all applicable standards. Public Notice • Legal notices went out 8/7/23 • Letters were sent to 8 surrounding property owners on 8/7/23 • Public notice sign posted 8/14/23 • At the time of this report, no written public comment has been received. 13  Staff Conclusion • Compliance: 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. • Consistency: The proposed use is consistent with the 2040 Comprehensive Plan and compatible with the Future Land Use Plan designation of Commercial Mixed Use. • Compatibility: 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. 14  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. Discussion The Commission Asked Staff: 1. To initiate the Cannabis Variance (CV) does the Special Use Permit (SUP) have to be put in place first? 2. The Boys and Girls Club is next to this proposed location, would they be considered a daycare? 3. If the petitioner was to change their extraction technique would they need to notify the city? 4. If the petitioner wanted to have retail sales would they need to come back for another SUP? 5. What is the reasoning behind the removal of the barbed wire? Why force them to remove it? Staff Replied: 1. Yes, that is correct, one of the conditions of approval for the CV is that the SUP would need to be approved first before the variance could be approved. 2. The Boys and Girls Club is not considered a school or registered day care. They are considered a community facility. 3. The petitioner has a category 3 license which prohibits them from using any kind of flammable or gas for extraction. 4. Yes, that is correct. They are looking at only selling wholesale to the other dispensaries. 5. The use of barbed wire is not permitted in the General Commercial zoning district. The request to remove the barbed wire is also to be consistent. We have had other facilities remove their barbed wire. Petitioner, Brad Schritter, 3902 San Paula Ave., Farmington NM Property Owner, Dave Schritter 6150 Lakeshore Dr., Farmington NM Mr. Schritter stated that he would like to leave the barbed wire for security reasons and a majority of the businesses on Schofield Ln. have the same barbed wire. The Commission Asked Petitioner: 1. How tall is the fence with the barbed wire? 2. Will there be any signs or branding of any kind? 3. Do you have any plans to turn this into a retail facility? 4. On your site plan you have buildings listed as not in use, what are your plans for these buildings? Petitioner Replied: 1. We measured it at 12ft. the privacy portion is 10ft. and the barbed wire is another two ft. 2. No, we want to keep it out of sight out of mind. 15  3. No, not at this time. We are more interested in selling to the retailers. 4. Those buildings are for storage only for our two appliance stores. They will have nothing to do with the cannabis business. The Commission and Petitioner Schritter had a discussion regarding how their property backs up against the Boys and Girls Club. It was stated that there is sufficient barriers between the two properties to keep it separated. With no other public input Chair Freeman closed the public comment portion of the meeting for petition SUP 23-56. Long Range Planner Gibson and the Commission had a discussion regarding the barbed wire either staying intact or having to take it down. Long Range Planner Gibson and the Commission also had a discussion regarding this SUP’s expiration date and why it was set for five years. The Commission wanted to know why some have expiration dates and why some don’t. Motion A motion was made by Commissioner Waldroup and seconded by Commissioner Hanson to Approve Petition SUP 23-56 as recommended by staff with the following conditions and having condition #2 regarding the barbwire removed. 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. The motion was passed on a vote of 7-1 Aye Votes Commissioner Cardon voted to approve because there is history with legal non-conforming and as the UDC has progressed they found individual time sets for each SUP’s expiration was the norm. Commissioner Hanson voted to approve and is in general concurrence with staff’s report. As for the barbed wire he thinks this is a case where it is reasonable to allow it to remain. Commissioner Ragsdale voted to approve for the same reasons Commissioner Hanson stated. Chair Freeman voted for approval of this petition because this is off any main streets and he is ok with leaving the barbed wire because it fits the neighborhood. There was also no history of any police activity and the barbed wire may have had something to do with that. 16 Vice Chair Brown voted for approval because it seems to conform to the area and the added security the barbed wire provides is good for security reasons. Commissioner Waldroup voted to approve for the same reasons stated. If this was a new construction, he could see taking down the barbed wire. Commissioner Berens voted to approve for the same reasons already stated. He feels the barbed wire is already there and has been grandfathered in. Nay Votes Commissioner Davis voted nay, he has no issues with the SUP. This is strictly based on condition #2 regarding the barbed wire. They set UDC standards for a reason and when petitions are brought before the Commission it is our ability to bring places into conformance. He also stated he did not want to set a precedence for allowing variances for barbed wire in the future. 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 Long Range Planner Gibson Presented the Following: Petition Information • Applicant: Bradley Schritter, property owner • Location: 1717 Schofield Lane • Existing Zoning: General Commercial • Existing Land Use: Vacant commercial property • Request: 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. Subject Property 17 Zoning 18  Street View Project Description • Seeking SUP to allow for indoor commercial cannabis cultivation, manufacturing and production. Up to 200 plants. (Separate Petition) • Applicant is seeking a waiver of the 300-foot distance requirement to residential. • Does not intend to sell retail at this time. Plans to sell to cannabis retailers. Pickup / drop-off and delivery options. • Hours of operation: 6am-10pm daily. Accessible by appointment only. • Applicant proposes using a solvent free form of extraction using only ice and water. No risk of fire or explosion. Site Plan 19 Cannabis Facilities 20 Comprehensive Plan 21  Variance Criteria Analysis Summary  Literal interpretation of the Code deprives right commonly enjoyed by other properties within the same district.  The applicant has demonstrated that the request is a minimum easing of the Code requirements.  The use will be carried out indoors and will not be injurious to the neighborhood.  The granting of the variance will not allow any other prohibited uses in the GC zoning district.  No nonconforming uses in the same district have been considered as grounds for approval.  Owning the subject property, the applicant would suffer a hardship if the variance request were denied.  The selection of the subject property for a cannabis use is self-imposed and there are no special conditions which are peculiar to the property that are not applicable to other properties in the same district. Public Notice • Legal notices went out 8/7/23 • Letters were sent to 9 surrounding property owners on 8/7/23 • Public notice sign posted 8/14/23 • At the time of this report, no written public comment has been received. Staff Conclusion • Compliance: 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 regarding this petition. • Consistency: The proposed use is consistent with the 2040 Comprehensive Plan and compatible with the Future Land Use Plan designation of Commercial Mixed Use. • Compatibility: 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. 22  4. 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. Discussion Long Range Planner Gibson and the Commission had a discussion regarding the noticing guidelines. When there are uses within 300 ft. that requires a variance why does staff only notice within 100 ft.? Mr. Gibson stated that this is direction given to staff from the City Legal Department which in is line with the State of New Mexico requirement for noticing. The Commission Asked Staff: 1. Does anyone know how long the mobile homes that are across the street have been there, since they are legal nonconforming? 2. Are they zoned General Commercial? 3. When you send notice, did it go to the residents in those mobile homes? Staff Replied: 1. We do not have a date which they were put in. 2. That is correct, they are zoned General Commercial. 3. The notice is sent to the property owner and it is up to the property owner to notify the residents. There is a sign posted on the property in question and we also post a legal notice in the Daily Times with the details for the petition. With no public input Chair Freeman closed the public comment portion for petition CV 23-57. Commission Discussion The Commission discussed the 300 ft. rule and why it was added to the Cannabis Ordinance. Commissioner Davis struggles granting this variance because of this rule, and the proposed location is across the street from the mobile homes. Commissioner Waldroup agrees with Commissioner Davis, but the last CV petition they had was overturned and approved by City Council. Commissioner Waldroup questioned why this rule was added if they are not going to enforce it. Vice Chair Brown stated since there was no opposition, he would not have a problem approving this petition. Commissioner Berens agrees with Commissioner Davis regarding the 300 ft. rule. With no further discussion needed, Chair Freeman called for a motion. Motion A motion was made by Vice Chair Brown and seconded by Commissioner Waldroup to Approve Petition CV 23-57 as recommended by staff with the following conditions and having condition #2 and #4 removed. 1. A building and fire inspection shall be required. 23  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. The motion was passed on a vote of 7-1 Roll Call Aye Vote Commissioner Berens was conflicted with the 300 ft. rule, but based on the fact that there was no opposition and the mobile homes are legal conforming he voted to approve. Commissioner Waldroup voted to approve based on staff’s presentation and how they felt about it, they felt comfortable enough to recommend approval. He stated that he understands not wanting to set precedence, but with the last CV they voted to deny being overturned by City Council, he has given up trying to deny any other cannabis variance requests. Vice Chair Brown voted for approval because there was no opposition and they have voted for approval on other petitions. Chair Freeman voted for approval because he felt it was applicable to the area and the residential is legal nonconforming which may change in time. Commissioner Ragsdale voted for approval because she agreed with the presentation from staff and felt like it fit the area. Commissioner Hanson voted to recommend approval based on the staff’s report, the application is in compliance with state law and there was no opposition. Commissioner Cardon voted for approval because she agreed with Commissioner Hanson. Nay Vote Commissioner Davis voted nay mostly because of the 300 ft. to a residence rule to protect the residential areas and the Boys and Girls Club. He does not want to set a precedence against that rule. Business from the Floor: There was no business from the floor. 24 Business from the Chair: Chair Freeman directed staff to invite the City Attorney to a Planning & Zoning meeting to explain the noticing procedure. Regarding the 100 ft. distance limitation of the code. He added that he would like to ask if there is a way to mail the notice directly to the resident instead of the property owner, if they are different. Business from the Members: There was no business from the members. Business from Staff: Senior Planner Safrany informed the Commission that there were no petitions to be heard at the last City Council meeting. He added at the September 14, 2023 P&Z meeting there will be five petitions to be heard. Adjournment: With no further business, a motion to adjourn was made by Commissioner Waldroup and seconded by Commissioner Berens. The motion carried unanimously 8-0 and the meeting was adjourned at 4:25 p.m. _______________________________ _________________________________ Clint Freeman Tami Spencer Chair Administrative Assistant 25 26  COMMUNITY WORKS STAFF REPORT Petition ZC 23-59 at 4205 Hudson Street Zone Change from SF-7: Single-Family Residential to GC: General Commercial A. STAFF REPORT, August 1, 2023 PROJECT INFORMATION Applicant Elvira Chavez Representative Hilda Hawbecker Date of Application July 18, 2023 Requested Action Zone Change request from SF:7 Single family residential to GC: General Commercial Location 4205 Hudson Street Existing Land Use Vacant residential building on 3,485 sf (.08 acres) Existing Zoning SF:7 Single family residential 2040 Future Land Use Mixed Use Village Designation Surrounding Zoning & North: GC: General Commercial, Citizens Bank Land Use South: SF-7: Single Family Residential East: GC: General Commercial, Vacant Residence West: SF-7: Single Family Residential, Vacant Lot Notice Requirements Publication of Notice: August 30, 2023, Farmington Daily Times. Property owners letter: September 1, 2023 Sign posted: September 1, 2023 Staff Planner Mike Safrany, Senior Planner STAFF ANALYSIS Background The petitioner is requesting a zone change from SF-7, Single Family Residential to GC, General Commercial. There is an existing 869 square foot residential building constructed in 1950 on the subject property. The building is rundown and boarded up and the site has been a code enforcement issue due to vagrants, trash, weeds etc. The petitioner intends to list the property for sale. The petitioner believes this property is better suited for commercial development due to the surrounding area. The subject property is 008 acres (3,485 sf). 27  City of Farmington ZC 23-59 4205 Hudson Street Zoning 28  City of Farmington ZC 23-59 4205 Hudson Street Aerial View 29  City of Farmington ZC 23-59 4205 Hudson Street Street View 30  City of Farmington ZC 23-59 4205 Hudson Street FARMINGTON COMPREHENSIVE PLAN The Comprehensive Plan’s 2040 Future Land Use Map designation is Mixed Use Village. One of the trends noted for this land use designation is to ‘create a better balance between market-supported, commercial-designated area and residential areas’. The general location noted for Mixed Use Village land designation includes ‘small pockets buffering commercial area from Medium Density Residential developments. STAFF ANALYSIS The Unified Development Code states that the City shall consider whether the proposed zoning and land use are compatible with the conforming zoning and land use of nearby properties and with the character of the neighborhood. Section 8.7.4 of the Unified Development Code (UDC) outlines issues for consideration in determining a proposed zone change as follows: A. Is the proposed zoning consistent with the Farmington Comprehensive Plan? Yes, the proposed zoning of GC: General Commercial is consistent with the Mixed-Use Village designation of the Comprehensive Plan. B. Is the proposed zoning and land use(s) compatible with the present zoning and conforming uses of nearby property and the character of the neighborhood? GC: General Commercial zoning exists along both sides of Hudson Street. The property directly to the east was rezoned from SF-7 to General Commercial (ZC 23-31) earlier this year, leaving this property the lone SF-7 zoned property along Hudson between Main St. and Washington Ave. C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? 31  City of Farmington ZC 23-59 4205 Hudson Street No immediate adverse impacts are noted. Any future commercial development on the property shall comply with the residential protection requirements of Section 5.10 of the Unified Development Code. D. Is the proposed density and intensity of use permitted in the proposed zoning district? Any future commercial development shall comply with the regulations of the GC: General Commercial District. E. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? Future development on the site shall conform to the requirements of Section 2.8.1 of the Unified Development Code. F. Are adequate public facilities and services available to serve development for the type and scope suggested by the proposed zone? If utilities are not available, could they be reasonably extended by the applicant? Is the applicant willing to pay for the extension of public facilities and services necessary to service the proposed development? Access and utilities are already in place. G. Does the proposed change constitute “spot zoning” as defined in Article 11, definitions? UDC Article 11 defines spot zoning as ‘where a particular tract within a larger area is specifically zoned so as to impose upon it restrictions not imposed upon the surrounding lands, or grant to it special privileges not granted generally, not done in pursuance of the Comprehensive plan’. The proposed Zone Change does not constitute spot zoning by this definition. The proposed zone change is in conformance with the 2040 Comprehensive Plan. PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to eight surrounding property owners. At the time of this report no comments have been submitted. STAFF CONCLUSION In staff’s opinion, the zone change request is appropriate for the neighborhood and will revitalize a dilapidated property. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition ZC 23-59, a request from Elvira Chavez, property owner, for a zone change from SF-7, Single Family Residential to GC, General Commercial, to allow for commercial development on the property at 4205 Hudson Street. 1. Future commercial development shall comply with the development standards of the UDC, Article 5. 32  City of Farmington ZC 23-59 4205 Hudson Street PROPERTY OWNERS WITHIN 100 FEET NAME1 ADDRESS CITYSTATEZIP BUTLER EAST MAIN LLC 6301 TRIANA ST SANTEE, CA 920715671 CITIZENS BANK PO BOX 4140 FARMINGTON, NM 87499 HAMILTON W G INTER VIVOS TRUST ETAL PO BOX 3523 FARMINGTON, NM 87499 KEN INVESTMENT LLC 1451 SHANNON LN FARMINGTON, NM 87401 MAESTAS ORLANDO 1309 N TUCKER AVE FARMINGTON, NM 87401 MAESTAS RAYMONCITA 3503 SIERRA VISTADR FARMINGTON, NM 87402 SANCHEZ RENE AND GONZALES AURTHUR 4301 LARGO ST FARMINGTON, NM 87402 TREADWORKS LLC 4227 E MAIN ST FARMINGTON, NM 87402 BUTLER EAST MAIN LLC 521 SUNRISE PKWY FARMINGTON, NM 87401 4251 E MAIN LLC 6715 PRYOR LANE FARMINGTON, NM 87401 TOLEDO HELEN W 3409 ILES AVE FARMINGTON, NM 87402 33  City of Farmington ZC 23-59 4205 Hudson Street 34  City of Farmington ZC 23-59 4205 Hudson Street 35  City of Farmington ZC 23-59 4205 Hudson Street 36  COMMUNITY WORKS STAFF REPORT Petition ZC 23-60 at 4201-1/2 Hudson Street Zone Change from SF-7: Single-Family Residential to GC: General Commercial A. STAFF REPORT, August 1, 2023 PROJECT INFORMATION Applicant Helen and Orlando Maestas Representative Gary Maestas Date of Application July 21, 2023 Requested Action Zone Change request from SF:7 Single family residential to GC: General Commercial Location 4201-1/2 Hudson Street: Lot 1B (R0031851) 0.023 ac, Lot 1E (R0030750) 0.072 ac, and Lot 1F (R0026302) 0.037 ac Existing Land Use Three vacant lots on 5,750 sf (.132 acres) Existing Zoning SF:7 Single family residential 2040 Future Land Use Mixed Use Village Designation Surrounding Zoning & North: GC: General Commercial, Citizens Bank Land Use South: SF-7: Single Family Residential East: GC: General Commercial, Vacant Residence West: GC: General Commercial, Commercial Retail Notice Requirements Publication of Notice: August 30, 2023, Farmington Daily Times. Property owners letter: September 1, 2023 Sign posted: September 1, 2023 Staff Planner Mike Safrany, Senior Planner STAFF ANALYSIS Background The petitioner is requesting a zone change from SF-7, Single Family Residential to GC: General Commercial. Three lots are owned by the petitioner totaling 5,750 square feet and the three lots are adjacent to another. All three properties are currently vacant. The petitioner believes this property is better suited for commercial development due to the surrounding area. The petitioner intends to either sell the property or develop to suite. The subject property total is 0.132 acres (5,750 sf). 37  City of Farmington ZC 23-60 4201-1/2 Hudson Street Zoning 38  City of Farmington ZC 23-60 4201-1/2 Hudson Street Aerial View 39  City of Farmington ZC 23-60 4201-1/2 Hudson Street Street View 40  City of Farmington ZC 23-60 4201-1/2 Hudson Street FARMINGTON COMPREHENSIVE PLAN The Comprehensive Plan’s 2040 Future Land Use Map designation is Mixed Use Village. One of the trends noted for this land use designation is to ‘create a better balance between market-supported, commercial-designated area and residential areas’. The general location noted for Mixed Use Village land designation includes ‘small pockets buffering commercial area from Medium Density Residential developments. STAFF ANALYSIS The Unified Development Code states that the City shall consider whether the proposed zoning and land use are compatible with the conforming zoning and land use of nearby properties and with the character of the neighborhood. Section 8.7.4 of the Unified Development Code (UDC) outlines issues for consideration in determining a proposed zone change as follows: A. Is the proposed zoning consistent with the Farmington Comprehensive Plan? Yes, the proposed zoning of GC: General Commercial is consistent with the Mixed-Use Village designation of the Comprehensive Plan. B. Is the proposed zoning and land use(s) compatible with the present zoning and conforming uses of nearby property and the character of the neighborhood? GC: General Commercial zoning exists along both sides of Hudson Street. The property directly to the east was rezoned from SF-7 to General Commercial (ZC 23-31) earlier this year. A rezone to GC, General Commercial is compatible with the surrounding area. C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? 41  City of Farmington ZC 23-60 4201-1/2 Hudson Street No immediate adverse impacts are noted. Any future commercial development on the property shall comply with the residential protection requirements of Section 5.10 of the Unified Development Code. D. Is the proposed density and intensity of use permitted in the proposed zoning district? Any future commercial development shall comply with the regulations of the GC: General Commercial District. E. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? Future development on the site shall conform to the requirements of Section 2.8.1 of the Unified Development Code. F. Are adequate public facilities and services available to serve development for the type and scope suggested by the proposed zone? If utilities are not available, could they be reasonably extended by the applicant? Is the applicant willing to pay for the extension of public facilities and services necessary to service the proposed development? Access and utilities are already in place. G. Does the proposed change constitute “spot zoning” as defined in Article 11, definitions? UDC Article 11 defines spot zoning as ‘where a particular tract within a larger area is specifically zoned so as to impose upon it restrictions not imposed upon the surrounding lands, or grant to it special privileges not granted generally, not done in pursuance of the Comprehensive plan’. The proposed Zone Change does not constitute spot zoning by this definition. The proposed zone change is in conformance with the 2040 Comprehensive Plan. PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to eight surrounding property owners. At the time of this report no comments have been submitted. STAFF CONCLUSION In staff’s opinion, the zone change request is appropriate for the neighborhood and will revitalize a dilapidated property. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition ZC 23-60, a request from Orlando and Helen Maestas, property owner, for a zone change from SF:7 – Single Family Residential to GC: General Commercial, to allow for commercial development on the property at 4201-1/2 Hudson Street, including lots 1B (R0031851), 1E (R0030750), and 1F (R0026302). 1. Future commercial development shall comply with the development standards of the UDC, Article 5. 42  City of Farmington ZC 23-60 4201-1/2 Hudson Street PROPERTY OWNERS WITHIN 100 FEET NAME1 ADDRESS CITYSTATEZIP BUTLER EAST MAIN LLC 6301 TRIANA ST SANTEE, CA 920715671 CITIZENS BANK PO BOX 4140 FARMINGTON, NM 87499 HAMILTON W G INTER VIVOS TRUST ETAL PO BOX 3523 FARMINGTON, NM 87499 KEN INVESTMENT LLC 1451 SHANNON LN FARMINGTON, NM 87401 MAESTAS ORLANDO 1309 N TUCKER AVE FARMINGTON, NM 87401 MAESTAS RAYMONCITA 3503 SIERRA VISTADR FARMINGTON, NM 87402 SANCHEZ RENE AND GONZALES AURTHUR 4301 LARGO ST FARMINGTON, NM 87402 TREADWORKS LLC 4227 E MAIN ST FARMINGTON, NM 87402 BUTLER EAST MAIN LLC 521 SUNRISE PKWY FARMINGTON, NM 87401 4251 E MAIN LLC 6715 PRYOR LANE FARMINGTON, NM 87401 TOLEDO HELEN W 3409 ILES AVE FARMINGTON, NM 87402 43  City of Farmington ZC 23-60 4201-1/2 Hudson Street 44  City of Farmington ZC 23-60 4201-1/2 Hudson Street 45  City of Farmington ZC 23-60 4201-1/2 Hudson Street 46  Staff Report: ZC 23-61 Cliffside Drive STAFF REPORT Zone change request from Single-Family 7 to Mixed Use to allow for a residential/commercial mixed-use development located on 8.259 acres south of Cliffside Drive. STAFF REPORT, September 14, 2023 PROJECT INFORMATION Applicant Michael Schweitz, potential property buyer Representative N/A Date of July 27, 2023 Application The petitioner is requesting a zone change from Single-Family 7 to Requested Action Mixed Use to allow for a residential and commercial mixed-use development located on 8.259 acres south of Cliffside Drive. Undeveloped lot located on the south side of Cliffside Dr in Farmington. (R0030308) TRACT 1 BEG S00-52-40W 161.86 FT FROM NW CORNER OF NE/4 SW/4 OF SEC 1 29 13. THENCE S00-52-40W 1119.19 FT, N30-50-08E 1021.32 FT, N48-10-29W 156.57 FT, 143.06 FT ALONG CURVE TO Location RIGHT, N05-29-04W 44.92 FT, 93.15 FT ALONG CURVE, S85-10-16W 230.83 FT TO BEG.ALSO TRACT 2 BEG AT NW CORNER OF NE/4 SW/4 OF SEC 1 29 13. THENCE S89-37-26E 581.40 FT, S75-35-16W 211.68 FT, 156.34 FT ALONG CURVE, S85-10-16W 224.74 FT, N00- 52-40E 101.54 FT TO BEG.BK.1573 PG.198 Existing Land Use The parcel is currently undeveloped. Existing Zoning Single-Family 7 2040 Future Land Commercial Mixed Use Use Designation North: Single-Family 7 – Residential use Surrounding South: General Commercial – Commercial sales and service uses Zoning & Land East: General Commercial – Commercial sales and service uses Use West: Single-Family 7 – Residential use Publication of Notice: August 28, 2023, Farmington Daily Times Notice Property owners letter: August 28, 2023 Requirements Sign posted: September 4, 2023 Staff Planner Colby Gibson, Long Range Planner 1|Page 47  Staff Report: ZC 23-61 Cliffside Drive BACKGROUND The San Juan County Tax Assessor’s records show the subject property as 8.259 acres in size. The parcel is currently undeveloped. The applicant proposes the following project if the zone change request is approved: • Subdivide the property into 16 parcels. • Build one road for residential access with a 50’ Right of Way. The road may connect to Cliffside Drive and Mortensen Road. • Extend Herrera Road from the southeast to Cliffside Drive, which will provide access to the commercial lot (Lot 1). • Preserve existing forested/vegetated areas on three parcels labeled “Lot 0”. Two of these lots are located just south of Cliffside Drive and provide a natural buffer from the road. The third lot is to the far south and will serve as a community park and open space. • Lot 1 is being proposed as a commercial use. • Lots 2-12 are being proposed as duplex residential uses. o Lots 2-8 are 10,000 square feet in size. o Lots 9-12 are 14,000 square feet in size. • There is not currently a plan for Lot 13. The topography, shape, and size of the lot present challenges. The applicant plans to reserve this lot at this time. 2|Page 48  Staff Report: ZC 23-61 Cliffside Drive Site Plan 3|Page 49  Staff Report: ZC 23-61 Cliffside Drive Aerial Map 4|Page 50  Staff Report: ZC 23-61 Cliffside Drive Area Overview 5|Page 51  Staff Report: ZC 23-61 Cliffside Drive Surrounding Uses 6|Page 52  Staff Report: ZC 23-61 Cliffside Drive Zoning 7|Page 53  Staff Report: ZC 23-61 Cliffside Drive 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 Future Land Use Plan designates this area as Commercial Mixed Use. The proposed zone change and use conforms with the horizontal mixed use intent of the designation and promoted development with smaller format retail and multi-family density residential. 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 Mixed Use zoning and land use is compatible with the current conforming uses and character of the neighborhood. Properties to the west are residential which have the same impact as the use being proposed on the west side of the mixed-use development. Properties to the east are commercial and service which are identical to the proposed use for Lot 1. The proposed development incorporates the use of open space with mature trees and other vegetation which provide a natural buffer from other properties within the area. Additionally the community park space will be complimentary to the area. 8|Page 54  Staff Report: ZC 23-61 Cliffside Drive C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? The proposed use of commercial in Lot 1 has the potential to create adverse impacts on the adjoining existing residential uses such as increased noise and outdoor lighting. These impacts should be mitigated through the use of buffering, distance and screening. There is a higher potential for these adverse impacts to affect the proposed residential, specifically proposed lots 2-7 as these lots back the commercial lot. UDC Section 5.10 Residential Protection standards shall apply in order to minimize the impact through distancing and screening. D. Is the proposed density and intensity of use permitted in the proposed zoning district? Mixed Use zoning requires a minimum lot area of 3,000 square feet per dwelling unit for two-family uses, therefore requiring a minimum lot area of 6,000 square feet. The proposed residential lots have a proposed lot size of 10,000 square feet and 14,000 square feet, each more than meet this standard. The proposed development additionally meets the minimum lot width and minimum lot area standards of UDC Section 2.8.2. These standards do not apply to nonresidential uses. Sec. 3.11 - Mixed use (MU). 3.11.1 Purpose. The mixed use (MU) district is intended to accommodate low-intensity mixed-uses with a strong residential character. The MU district provides specific standards for the development of limited business, office, or service uses in existing residential structures, or in new structures within residential areas. The MU district is intended to implement the planning policies of the comprehensive plan's "Mixed Use" land use designation, in the Animas Neighborhood (South of Broadway) and the Civic Center Neighborhood (north and west of the Civic Center). 3.11.2 Allowed uses. Uses are allowed in the MU district in accordance with the use table of section 2.3. 3.11.3 Density and dimensional standards. All development in the MU district is subject to the density and dimensional standards of section 2.8. A. Minimum front setbacks shall be treated as (mandatory) build-to lines as specified in section 2.8.2, nonresidential base zoning district density and dimensional standards. 3.11.4 District standards. Standards applicable in the MU district include the following: A. All parking shall be located in the rear yard, or interior of the property, and accessed from an alley where such alley access is available. E. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? Two dwelling units on 10,000 and 14,000 square feet lots is suitable for the development while leaving adequate space for required open space/landscaping and parking. F. Are adequate public facilities and services available to serve development for the type and scope suggested by the proposed zone? If utilities are not available, could they be reasonably extended by the applicant? Is the applicant willing to pay for the extension of public facilities and services necessary to service the proposed development? 9|Page 55  Staff Report: ZC 23-61 Cliffside Drive Access to the development is provided from Cliffside Drive and Herrera Road. Both streets are identified as Collector Streets as defined by the City of Farmington’s Major Thoroughfare Plan with an estimated 5,000 Average Daily Traffic (ADT) count. The potential extension of Mortenson Road would provide additional connectivity that the area currently lacks. Utilities are available from both Cliffside Drive and Mortensen Road and are adequate to meet the proposed uses. The applicant will be responsible for the extension of any applicable roads, infrastructure and utilities for the proposed development. 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 Commercial Mixed Use. The proposed horizontal residential/commercial development is explicitly permitted within the designation. STAFF COMMENTS Planning Manager – Beth Escobar: • Mortensen Rd is not constructed to City standards. I suggest this is an emergency access only. • It is unclear what the proposed use of Lot 13 is. • What is the acreage of the parcel designated as a community park? • Residential protection will apply to development on Lot 1. • I suggest landscaping along the border between commercial and residential and preservation of trees along Cliffside and within site. Engineering – Toni Sitta: • No comments regarding the zone change. • All proposed subdivisions and developments must meet the City’s standards within the Unified Development Code Article 5 and Article 5. • Long Range Planning – Colby Gibson: • The future land use plan designates this area as Commercial Mixed Use. The proposed zone change and uses conform to the horizontal mixed-use intent of the designation and promotes development with a smaller format retail and multi-family density residential. Traffic Engineering and City Engineer - D. Henry & I. Blue Eyes: Today, Demetrius and I met with Vaughn in the field and looked at the current right of way for Herrera Road. For any future development of this property behind Home Depot and Star Collision, the city will be requiring right of way for Herrera Road and Cliffside Drive. We will also be requiring connection and construction of Herrera Road from Cliffside Drive to Home Depot. Currently Herrera Road is built closely to 36 feet in pavement width (maybe just a little narrower) 10 | P a g e 56  Staff Report: ZC 23-61 Cliffside Drive therefore we would require Herrera Road to be built per the City's residential plans for a residential street, meaning 50 foot right of way and 40 foot wide street (including curb and gutter), with 5 foot sidewalks on the west side. For the properties frontage off Cliffside Drive, we will also require development: 60-foot right of way and maybe some street widening, curb/gutter, and 5 foot sidewalk. HERRERA ROAD EXTENSION Herrera Road is classified as a Collector street as defined by the City’s Major Thoroughfare Plan. The extension of Herrera Road has been planned since at least the year 2000. Herrera Road has an Average Daily Traffic of 5,000 at the Main St approach. Herrera Rd Extension The extension is shown as part of the Plaza Farmington Subdivision Plat: 11 | P a g e 57  Staff Report: ZC 23-61 Cliffside Drive PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to 16 surrounding property owners. At the time of this report, staff has received one phone call in opposition of the potential development from an affected party. The property owner located at 3210 Mortensen Road expressed concern regarding the duplex dwelling units having a negative effect on property values and had asked about whether the developer could be required to install a privacy fence along the rear of each of the proposed residences along the frontage of the property. STAFF CONCLUSION • The proposed use is in compliance with the Unified Development Code density standards outlined in UDC Sec. 2.8. • The proposed zone change and use is consistent with the 2040 Comprehensive Plan. • The proposed zone change and land use is compatible with the surrounding area and nearby uses. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition ZC 23-61, a request from Michael Schweitz, for a zone change from Single-Family 7 to Mixed Use to allow for a horizontal mixed-use development located on 8.259 acres south of Cliffside Drive with the following conditions of approval: 1) Site shall be developed in the general conformance to the submitted site plan with the exception of required adjustments recommended by staff. 2) Developer shall extend Herrera Road from the current terminus to Cliffside Drive with the following standards: a. 50-foot right of way starting at the existing eastern right of way line at the toe of the slope. b. 40-foot road width including curb and gutter. c. Five-foot wide sidewalks along the western side of the street only. d. Two (2) ADA compliant ramps installed at the proposed intersection of Cliffside Drive and Herrera Road. 3) Developer shall dedicate a 60-foot wide right of way on Cliffside Drive along the property frontage and install five-foot wide sidewalks along the south side of Cliffside Drive along the property frontage. 4) Developer shall dedicate a minimum 50-foot right of way through the subject property connecting Mortensen Road to the extended Herrera Road for future development. 5) Residential protection standards provided within UDC Sec 5.10 shall apply to all residential and/or multifamily uses. 12 | P a g e 58  Staff Report: ZC 23-61 Cliffside Drive 13 | P a g e 59  Staff Report: ZC 23-61 Cliffside Drive Properties within 100’ 14 | P a g e 60  Staff Report: ZC 23-61 Cliffside Drive 15 | P a g e 61  Staff Report: ZC 23-61 Cliffside Drive See Comment Below: 16 | P a g e 62  Staff Report: ZC 23-61 Cliffside Drive D. Henry & I. Blue Eyes – Traffic Engineering and City Engineer Today, Demetrius and I met with Vaughn in the field and looked at the current right of way for Herrera Road. For any future development of this property behind Home Depot and Star Collision, the city will be requiring right of way for Herrera Road and Cliffside Drive. We will also be requiring connection and construction of Herrera Road from Cliffside Drive to Home Depot. Currently Herrera Road is built closely to 36 feet in pavement width (maybe just a little narrower) 17 | P a g e 63  Staff Report: ZC 23-61 Cliffside Drive therefore we would require Herrera Road to be built per the City's residential plans for a residential street, meaning 50 foot right of way and 40 foot wide street (including curb and gutter), with 5 foot sidewalks on both sides. For the properties frontage off Cliffside Drive, we will also require development here as well: 60- foot right of way and maybe some street widening, curb/gutter and 5 foot sidewalk. 18 | P a g e 64  City of Farmington ZC 23-62 900 W Pinon St. COMMUNITY WORKS PETITION REPORT Petition ZC 23-62 Zone Change from OP: Office Professional to IND: Industrial A. STAFF REPORT, August 14, 2023 PROJECT INFORMATION Applicant El Rancho Holdings LLC Representative Mike Atchison Date of Application July 31, 2023 Requested Action Zone Change from OP: Office Professional to IND: Industrial Location 900 W Pinon St. Existing Land Use Two existing industrial warehouses on the property Existing Zoning OP: Office and Professional Surrounding Zoning & North: IND: Industrial District Land Use South: IND: Industrial District East: MF-M: Multi-family Medium West: OP: Office Professional Notice Requirements Publication of Notice: August 30, 2023, Farmington Daily Times Property owners letter: September 1, 2023 Sign posted: September 1, 2023 Staff Planner Mike Safrany, Senior Planner STAFF ANALYSIS BACKGROUND The applicant is requesting a zone change from an OP, Office Professional District to an IND, Industrial District. The property is labeled as Lot 2 in the Genevieve Subdivision. The current zoning is in the OP, Office Professional District. The 0.66-acre parcel currently consists of two existing industrial storage warehouses; both are metal buildings and each have two industrial- sized loading doors to service the warehouse areas. One unit is 2,000 square foot with an office space, and the second is a 2,500 square foot unit with an office and restrooms. The west building is secured with a six-foot high chain link fence with barbwire on top. The two buildings were built in 1999 per the San Juan County Assessor website. Due to the building type, the owner intends to sell the properties to a dog grooming business with dog kennels. This use is allowed in GC, General Commercial and IND, Industrial uses. The property was annexed along with 888 acres by the City of Farmington in 2014 and was zoned Office Professional. 65  City of Farmington ZC 23-62 900 W Pinon St. ZONING MAP OF ANNEXED AREA 66 CURRENT ZONING MAP 67 OVERHEAD VIEW 68 GENEVIEVE SUBDIVISION 69  City of Farmington ZC 23-62 900 W Pinon St. 2040 FUTURE LAND USE PLAN: 70 PINON STREET FACING WEST PINON STREET FACING EAST 71 FRONT ELEVATION OF 900 W PINON STREET 72  City of Farmington ZC 23-62 900 W Pinon St. 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 proposed zoning shown in the Comprehensive Plan is Commercial Mixed Use, which is general commercial and office professional oriented. The existing storage warehouse buildings are appropriate for light industrial use. The comprehensive Plan also shows Industrial Uses to the south and to the west of the subject property. B. Is the proposed zoning and land use(s) compatible with the present zoning and conforming uses of nearby property and the character of the neighborhood? The proposed zoning is compatible with the area. The subject property has Industrial zoning on adjacent properties to the north and south. To the west is also Industrial zoning. Of the 888 acres which was annexed by the city in 2014, the vast majority of the area was zoned Industrial. C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? No adverse impacts are expected. The uses are already existing, non-conforming. D. Is the proposed density and intensity of use permitted in the proposed zoning district? Yes, the light industrial warehouse buildings meet the density and dimensional standards of the UDC Table 2.82 with appropriate setbacks and parking areas. E. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? The site as proposed must meet all of the relevant regulations of the Unified Development Code. F. Are adequate public facilities and services available to serve development for the type and scope suggested by the proposed zone? If utilities are not available, could they be reasonably extended by the applicant? Is the applicant willing to pay for the extension of public facilities and services necessary to service the proposed development? Yes. All utilities are existing. 73  G. Does the proposed change constitute “spot zoning” as defined in Article 11, definitions? No. There is a variety of Industrial zoned properties in the surrounding area. PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to six surrounding property owners. At the time of this report, no public comment has been received. STAFF CONCLUSION Staff concludes the zone change from an OP, Office Professional district to an IND, Industrial district, for a property of .66 acres is supported by the general character of the neighborhood. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition ZC 23-62, a request from El Rancho Holdings LLC, represented by Mike Atchison, for a zone change from an OP, Office Professional district to an IND, Industrial district at 900 West Pinon Street with the following condition. 1. Future commercial development shall comply with the requirements of Article 5 of the Unified Development Code. 74 75 76 77 NAME ADDRESS CITY STATE ZIP Church of Jesus Christ of LDS 50 E North Temple Fl 22 Salt Lake City, UT 84150-3620 James K Crotty 3614 Roosevelt Drive Midland, TX 79703-6225 Cannery Housing LLC 201 Bradenton Ave. Ste 120 Dublin, OH 43017 San Juan Regional Medical 801 W Maple St. Farmington, NM 87401-5630 El Rancho Holdings LLC PO Box 537 Blanco, NM 87412 Alpen Shadow LLC PO Box 1304 Farmington, NM 87499-1304 78  COMMUNITY WORKS STAFF REPORT Petition SUP 23-63: 5100 E. Main Street #105 Cannabis Manufacturing and Production STAFF REPORT, September 14, 2023 PROJECT INFORMATION Applicant Mothers Meds LLC (Lava Leaf Organics) Representative Tony Martinez, tenant Date of Application August 2, 2023 The petitioner is requesting a Special Use Permit to allow for Requested Action cannabis manufacturing and production. Location 5100 E Main Street #105 Farmington, NM 87402 Existing Land Use Cannabis retail sales Future Land Use Mixed Use Village Designation Existing Zoning General Commercial North: General Commercial Surrounding Zoning & South: General Commercial Land Use East: General Commercial West: General Commercial Publication of Notice: August 28, 2023, Farmington Daily Times Notice Requirements Property owners letter: August 28, 2023 Sign posted: September 4, 2023 Staff Planner Colby Gibson, Long Range Planner 79 5100 E Main Street #105 SUP 23-63 Staff Report STAFF ANALYSIS Background The San Juan County Tax Assessor’s records shows the lot size as 1.365 acres. There are nine commercial units located on the property; the applicant leases unit number 105 which is 1,800 square feet in size. The applicant currently operates as a cannabis retailer. The applicant is proposing to use the property for commercial cannabis manufacturing. Per UDC Sections 2.4.69, commercial cannabis manufacturing and production are permitted in the General Commercial zoning district with a Special Use Permit. The subject property meets all of the distancing requirements of UDC Section 2.4.69. The applicant plans to continue to sell retail. The applicant has provided staff with information regarding the method of cannabis extraction and has obtained a level III manufacturing license from the New Mexico Regulation and Licensing Department. The level III manufacturing license permits the applicant to use mechanical or nonvolatile solvent methods of extraction. The petitioner plans to use a process consisting of ice, water, mesh bags, freeze dryer, heat press and filters. The applicant cultivates outside of the City limits and will not be using the subject property for cultivation. This Special Use Permit would not allow cultivation. The applicant estimates that the extraction space will take up about 120 square feet within the existing building. Hours of operation are Monday – Saturday from 10am – 7pm. No additional signage will be used. A site plan is provided below for the subject property. 80 5100 E Main Street #105 SUP 23-63 Staff Report Zoning Map 81 5100 E Main Street #105 SUP 23-63 Staff Report Aerial Map 82 5100 E Main Street #105 SUP 23-63 Staff Report Aerial Map: Area 83 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 is not expected to be injurious to the surrounding neighborhood. The use will be carried out indoors and be required to meet the New Mexico CCD regulations. The level III license does not permit the applicant to use any chemical agents or hydrocarbons in the manufacturing process. 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 newer and in good condition. The petitioner does not intend to add any additional signage to the building. No changes to the exterior are proposed. Surrounding uses are commercial and the closest residential use is more than 300 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. The applicant shall provide adequate mitigation responses to the impacts. The Class III manufacturing license issued by the New Mexico Cannabis Control Division limits the applicant to using either mechanical or nonvolatile solvents for extraction. Adequate mitigation to any potential impacts are provided through an air filter system to eliminate any potential fumes or odors. 84 5100 E Main Street #105 SUP 23-63 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 E. Main Street, classified as a major arterial by the City’s Major Thoroughfare Plan. The City will work with the petitioner to ensure the facility has sufficient water and sewer systems. The building meets UDC standards for number of parking and accessible parking spaces. 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 this area as Mixed Use Village. The proposed additional use of cannabis manufacturing conforms to the variety of shops, services and neighborhood commercial aspects within the 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 1.365 acres in size and suite 105 is 1,800 square feet, sufficient for the use proposed. The applicant estimates that the manufacturing process will take only 120 square feet of space. 85 5100 E Main Street #105 SUP 23-63 Staff Report 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 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 seven 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. The proposed location meets the UDC Section 2.4.69 distancing requirements. • The proposed use is consistent with the 2040 Comprehensive Plan and compatible with the Future Land Use Plan designation of Mixed Use Village. • 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 23-63, a request from Mothers Meds LLC, for a Special use Permit to allow for cannabis manufacturing and production at 5100 E. Main Street unit #105 in the General Commercial zoning district with the following conditions of approval: 1. A building and fire inspection shall be required. 2. The SUP shall be effective for five years, at which time the applicant can renew. 86 5100 E Main Street #105 SUP 23-63 Staff Report 87 5100 E Main Street #105 SUP 23-63 Staff Report 88 5100 E Main Street #105 SUP 23-63 Staff Report 89 5100 E Main Street #105 SUP 23-63 Staff Report 90 5100 E Main Street #105 SUP 23-63 Staff Report 91 5100 E Main Street #105 SUP 23-63 Staff Report 92 5100 E Main Street #105 SUP 23-63 Staff Report 93 5100 E Main Street #105 SUP 23-63 Staff Report 94 5100 E Main Street #105 SUP 23-63 Staff Report 95 5100 E Main Street #105 SUP 23-63 Staff Report 96 5100 E Main Street #105 SUP 23-63 Staff Report 97 5100 E Main Street #105 SUP 23-63 Staff Report 98