Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive October 26, 2023 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the October 12, 2023 P&Z Meeting 4 Petition SUP 23-73 – A request for a Special Use Permit to allow commercial cultivation of cannabis at 421 #B E Broadway Ave, a 0.91-acre property. Presented by Senior Planner Safrany (Pg 11) 5 Petition CV 23-74 – A request for a waiver of the required 300-foot distance from one commercial cannabis cultivation facility to a proposed cannabis commercial cultivation facility at 421 #B E Broadway Ave, a 0.91-acre property. Presented by Senior Planner Safrany (Pg 33) 6 Petition ZC 23-75 – A request for a Zone Change from Single Family-7 to General Commercial to allow for a mechanic shop and possible future RV park and camp ground located on 37.25 acres south east of Pinon Hills Blvd. Presented by Long Range Planner Gibson. (Pg 49) 7 Petition CV 23-82 – A request for a waiver of the required 300-foot distance from a residential use to a cannabis retail facility at 850 E. Main Street Suite B, a 1.84-acre property. Presented by Associate Planner Gonzalez (Pg 71) 8 Business From Floor: Chairman: Members: Staff: 9 Adjournment Petition items on this agenda will be scheduled for the next City Council meeting – November 14, 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 October 12, 2023 The Planning & Zoning Commission met in a regular session on October 12, 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 Joyce Cardon Clete Berens Gary Hanson P&Z Members Absent Chair Clint Freeman Amber Hodge Shay Davis Staff Present: Colby Gibson Mike Safrany Joaquin Gonzalez Jennifer Breakell Tami Spencer Others Who Addressed the Commission Francisco Gutierrez 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 Cardon to approve the agenda of the October 12, 2023 Planning & Zoning Commission meeting. This motion passed unanimously by a 6-0 vote. Approval of the Minutes A motion was made by Commissioner Ragsdale and seconded by Commissioner Berens to approve the minutes of the September 28, 2023 Planning & Zoning Commission meeting. This motion passed unanimously by a 6-0 vote. Swearing of Witnesses Tami Spencer, Administrative Assistant swore in all parties that wished to speak. 1 Petition ZC 23-71 – A request for a Zone Change from Industrial to Single Family-7 to allow for the construction of a single family residence located on 2.513 acres at 615 Melba Lane. Parcel No. R0025272 Long Rage Planner Gibson Presented the Following: Petition Information o Applicant: Francisco Gutierrez o Location: 615 Melba Lane o Existing Zoning: Industrial o Existing Land Use: Undeveloped, storage o Request: Zone Change from Industrial to Single Family-7 to allow for the construction of a single family residence located on 2.513 acres. Subject Property o Property size: 2.513 acres o Vacant undeveloped property. Currently used for outdoor storage. 2 Area View 3 Street View Site Plan 4  Zoning o North: Multifamily Low Density– Residential and agriculture uses o South: Planned Development – Residential and transitional housing uses o East: Multifamily Low Density – Residential use o West: Planned Development – Residential and recreational uses UDC Sec. 8.7.4 Zone Change Issues for Consideration A. A. Is the proposed zoning consistent with the Farmington Comprehensive Plan? Medium Density Residential o Variety of housing options, multi and single family. o Gridded street network. Walkable and bikeable to city amenities 5  UDC Sec. 8.7.4 Zone Change Issues for Consideration B B. Is the proposed zoning and land use compatible with the present zoning and conforming uses of nearby property and the character of the neighborhood? o Proposed zoning and land use is compatible with present zoning and conforming uses. o Single and multi-family uses in the area 6  UDC Sec. 8.7.4 Zone Change Issues for Consideration C-D-E C. Will there be adverse impacts; and can any adverse impacts be adequately mitigated? o No adverse impacts identified. o The proposed zoning is considered down zoning with a significantly lower impact than existing. D. Is the proposed density and intensity of use permitted in the proposed zoning district? o The proposed density and intensity meet UDC Sec. 2.8 standards of 7,000 SQFT / Dwelling Unit and 7,000 SQFT lot size minimum for the SF-7 zoning district. E. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? o One dwelling unit on a 2.513 acre lot is suitable for the development. UDC Sec. 8.7.4 Zone Change Issues for Consideration F-G F. Are adequate public facilities and services available to serve development for the type and scope suggested by the proposed zone? o Access provided from Melba Lane. o Utilities available from Hydro Plant Road G. Does the proposed change constitute “spot zoning” as defined in Article 11, definitions? o Proposed Zone Change does not constitute spot zoning. o Zone change is in pursuance of the Comprehensive Plan, Medium Density Residential designation. Public Notice o This petition has been properly noticed. o Letters were sent to 12 surrounding property owners. o Staff has not received any community input to date. 7  Staff Conclusion o Compliance: The proposed use is in compliance with the Unified Development Code density standards outlined in UDC Sec. 2.8. o Consistency: The proposed Zone Change is consistent with the 2040 Comprehensive Plan. o Compatibility: The proposed zone change and use is compatible with the surrounding area and nearby uses. Staff Recommendation The Community Works Department recommends approval of Petition ZC 23-71, a request from Francisco Gutierrez, for a Zone Change from Industrial to Single Family-7 to allow for the construction of a single family residence located on 2.513 acres at 615 Melba Lane, with the following conditions of approval: 1) Site shall be developed in the general conformance to the submitted site plan. Discussion The Commission asked for a clarification on the current use and zoning. Long Range Planner Gibson explained that the parcel to the north of the subject property is zoned Multi-Family and is being used as Agricultural. Petitioner Francisco Gutierrez, 817 S. Butler Ave., Farmington NM Mr. Gutierrez stated that he has owned the property for about 15 years. It was used as storage for his business. He added that he bought a business on Murray Dr. and had moved his equipment to the new location. He would like the zone change so he can build his family a single story home on this lot. The Commission had no other questions for Mr. Gutierrez. With no further public comments Vice Chair Brown closed the public comment portion of the meeting for petition ZC 23-71. With no Commission discussion needed. Vice Chair Brown called for a motion. Motion A motion was made by Commissioner Waldroup and seconded by Commissioner Cardon to Approve Petition ZC 23-71 with the condition as recommended by staff. 1) Site shall be developed in the general conformance to the submitted site plan. AYE: Vice Chair Brown, Commissioner Berens, Commissioner Hanson, Commissioner Ragsdale, Commissioner Cardon and Commissioner Waldroup NAY: None ABSTAIN: None ABSENT: Chair Freeman, Commissioner Hodge and Commissioner Davis 8  APPROVED 6-0 Business from the Floor: There was no business from the floor. Business from the Chair: There was no business from the Chair. Business from the Members: There was no business from the members. Business from Staff: Senior Planner Safrany informed the Commission that Petition ZC 23-61 was tabled until the October 24, 2023 City Council meeting. Adjournment: With no further business, a motion to adjourn was made by Commissioner Cardon and seconded by Commissioner Berens. The motion carried unanimously 6-0 and the meeting was adjourned at 3:16 p.m. _______________________________ _________________________________ Clint Freeman Tami Spencer Chair Administrative Assistant 9  COMMUNITY WORKS STAFF REPORT Petition SUP 23-73 421 #B E. Broadway Ave. Cannabis Commercial Cultivation STAFF REPORT, October 3, 2023 PROJECT INFORMATION Applicant Anna Johnson Representative Sharon Glover Date of Application September 6, 2023 Requested Action Approval of a Special Use Permit to allow for cannabis commercial cultivation. Location 421 #B E. Broadway Ave Existing Land Use Light Industrial Use Existing Zoning Industrial 2040 Future Land Use The 2040 Future Land Use Plan designates area as Downtown. The Designation proposed cultivation of cannabis conforms to the specialty retail aspect of the Downtown designation. Surrounding Zoning North: GC: General Commercial & Land Use South: I: Industrial East: I: Industrial West: I: Industrial Notice Publication of Notice: October 11, 2023, Farmington Daily Times Requirements Property owners letter: October 16, 2023 Sign posted: October 16, 2023 Staff Planner Michael Safrany, Senior Planner STAFF ANALYSIS Background The applicant is requesting a Special Use Permit (SUP) to allow for indoor production (cultivation) of cannabis at 421 #B E. Broadway Ave. The petitioner is considering leasing the property, contingent on the SUP approval. The petitioner intends to only have indoor cultivation. The 0.91 acre parcel has two existing buildings; a 4,500 square foot storage warehouse built in 1998 (the subject property), and a 6,000 square foot storage warehouse built in 1987. 11  City of Farmington SUP 23-73 421 #B E. Broadway Ave The applicant is proposing to use the property for indoor commercial cannabis cultivation. Per UDC Section 2.4.71, this use is permitted in the Industrial zoning district with a Special Use Permit. The petitioner is requesting a waiver from the City’s 300-foot distance requirement from another commercial cannabis cultivation facility. There is a commercial cannabis cultivation facility located slightly west across Broadway Ave. from the subject property. Distance is measured property line to property line and excludes Right of Way. Proposed retail hours are from 8am to 5pm M-F. The applicant is licensed as a full cannabis producer and proposes to grow up to 500 plants at any given time. Immature non-flowering clones will be sold to retailers. Five to ten employees are projected to be hired within the next 5 years. Air-Lock doors will be installed to mitigate potential odor. Zoning Map 12  City of Farmington SUP 23-73 421 #B E. Broadway Ave San Juan County Assessor's Map 13  City of Farmington SUP 23-73 421 #B E. Broadway Ave Aerial Map 421 #B E Broadway Ave. 14  City of Farmington SUP 23-73 421 #B E. Broadway Ave Southwest Elevation 15  City of Farmington SUP 23-73 421 #B E. Broadway Ave Northwest Elevation 16  City of Farmington SUP 23-73 421 #B E. Broadway Ave Floor Plan 17  City of Farmington SUP 23-73 421 #B E. Broadway Ave Cannabis Map 18  City of Farmington SUP 23-73 421 #B E. Broadway Ave 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. 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. Placement of a cannabis facility at this location should not be injurious to the surrounding neighborhood. Surrounding uses are commercial and industrial and the cultivation will be carried out indoors. The applicant intends to build a secured indoor cannabis cultivation facility and meet the New Mexico Cannabis Control Division requirements. A chain link fence runs along the perimeter of the property. 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 building is a storage warehouse 4,500 square feet in size. No exterior modifications will be done to the current storage warehouse. Only employees will be on-site with scheduled deliveries off site. The product will be securely transported from 421 E Broadway to participating dispensaries. 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 filter system will be installed in order to minimize any potential odor from the cultivation process. 19  City of Farmington SUP 23-73 421 #B E. Broadway Ave 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 cultivation facility will not have a negative impact on existing infrastructure and services. The subject property has access from Broadway Avenue 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. The City will work with the petitioner to ensure the facility has sufficient water and sewer systems. 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. 2.4.71, specifically: • The proposed location is zoned General Commercial, commercial cultivation is permitted in the Industrial zoning district with a Special Use Permit. • The cultivation of plants will be inside a fully enclosed structure (building) with proper ventilation. • The use is within 300’ feet of another cannabis cultivation site. The petitioner is requesting a waiver of the 300' distance requirement. One fully dimensioned ADA van accessible parking space must be provided on the site. The 2040 Future Land Use Plan designates area as Downtown. The proposed sales, manufacturing, and production of cannabis conforms to the specialty retail aspect of the Downtown designation. 20  City of Farmington SUP 23-73 421 #B E. Broadway Ave 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 0.91-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. The site plan meets the standards of Section 8.5 and includes the building layout. PUBLIC INPUT Letters were sent to 9 surrounding neighbors and the property was posted with a sign. At the time of this report no public input has been received. NEIGHBORS WITHIN 100 FEET OF SUBJECT PROPERTY NAME ADDRESS CITY STATE ZIP J and J Realty Co LLC 1621 W Murray Drive Farmington, NM 87401 J and J Realty Co LLC 1621 W Murray Drive Farmington, NM 87401 J and J Realty Co LLC 1621 W Murray Drive Farmington, NM 87401 Cochran Gerald Trust 4495 Monaco Street San Diego, CA 92107 Cochran Gerald Trust 4495 Monaco Street San Diego, CA 92107 Hoisington LLC 2625 W Relations Street Safford, AZ 85546 Hoisington LLC 2625 W Relations Street Safford, AZ 85546 Hoisington LLC 2625 W Relations Street Safford, AZ 85546 DPC Acquisitions LLC PO Box 420 Farmington, NM 87499 21  City of Farmington SUP 23-73 421 #B E. Broadway Ave STAFF CONCLUSION The subject property seems to be an appropriate location for a cannabis cultivation facility. Surrounding uses are industrial and commercial. The use is consistent with the 2040 Land Use Plan designation of downtown. The application meets the criteria for approval of a Special Use permit. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition SUP 23-73, a request from Anna Johnson, for a cannabis cultivation facility at 421 #B E. Broadway Ave in the Industrial zoning district with the following conditions of approval: 1. State license shall be obtained. 2. A building and fire inspection shall be required. 3. A business registration shall be required. 4. A building permit shall be required for any interior modifications. 5. The SUP shall be effective for five years, at which time the applicant can renew. 22  City of Farmington SUP 23-73 421 #B E. Broadway Ave 23  City of Farmington SUP 23-73 421 #B E. Broadway Ave 24  City of Farmington SUP 23-73 421 #B E. Broadway Ave 25  City of Farmington SUP 23-73 421 #B E. Broadway Ave 26  City of Farmington SUP 23-73 421 #B E. Broadway Ave 27  City of Farmington SUP 23-73 421 #B E. Broadway Ave 28  City of Farmington SUP 23-73 421 #B E. Broadway Ave 29  City of Farmington SUP 23-73 421 #B E. Broadway Ave 30  City of Farmington SUP 23-73 421 #B E. Broadway Ave 31  COMMUNITY WORKS STAFF REPORT Petition CV 23-74: 421 #B E Broadway Ave. Cannabis 300-foot Distance Requirement Waiver STAFF REPORT, October 10, 2023 PROJECT INFORMATION Applicant Anna Johnson, Tenant and business owner Representative Sharon Glover Date of Application September 6, 2023 The petitioner is requesting a waiver from the City’s 300-foot distance Requested Action requirement from a commercial cannabis cultivation facility. Location 421 #B E Broadway Ave. Existing Land Use Light Industrial Use The 2040 Future Land Use Plan designates area as Downtown. The 2040 Future Land Use proposed cultivation of cannabis conforms to the specialty retail aspect Designation of the Downtown designation. Existing Zoning Industrial North: General Commercial Surrounding Zoning & South: Industrial Land Use East: Industrial West: Industrial Publication of Notice: October 11, 2023, Farmington Daily Times Notice Requirements Property owners letter: October 16, 2023 Sign posted: October 16, 2023 Staff Planner Mike Safrany, Senior Planner 33 421 #B E Broadway Ave. CV 23-74 Staff Report STAFF ANALYSIS Background The petitioner is requesting a waiver from the City’s 300-foot distance requirement from another commercial cannabis cultivation facility. There is a commercial cannabis cultivation facility located slightly west across Broadway Ave. from the subject property. Distance is measured property line to property line and excludes Right of Way. The 0.91 acre parcel has two existing buildings; a 4,500 square feet storage warehouse built in 1998 (the subject property), and a 6,000 square feet storage warehouse built in 1987. The applicant is proposing to use the property for indoor commercial cannabis cultivation. Per UDC Section 2.4.71.A, this use is permitted in the Industrial zoning district with a Special Use Permit. However, UDC Section 2.4.71.C requires such use be 300 feet from another commercial cultivation site. Proposed retail hours are from 8am to 5pm M-F. The applicant is licensed as a full cannabis producer and proposes to grow up to 500 plants at any given time. Immature non-flowering clones will be sold to retailers. Five to ten employees are projected to be hired within the next 5 years. Air-Lock doors will be installed to mitigate potential odor. Floor Plan 34 421 #B E Broadway Ave. CV 23-74 Staff Report Zoning Map 35 421 #B E Broadway Ave. CV 23-74 Staff Report San Juan County Assessor's Map 36 421 #B E Broadway Ave. CV 23-74 Staff Report 300 Feet Distance 37 421 #B E Broadway Ave. CV 23-74 Staff Report Northwest Elevation 38 421 #B E Broadway Ave. CV 23-74 Staff Report Southwest Elevation 39 421 #B E Broadway Ave. CV 23-74 Staff Report 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 physical building of the subject property is over 400 linear feet away from the existing cannabis cultivation building. There are also two commercial buildings in front of the subject property off of Broadway Ave. that provide an additional buffer between the subject property and the existing cannabis cultivation building. This criterion IS met. 2. That a literal interpretation of the provisions of the Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Code. A literal interpretation of the code would prohibit a retail cannabis facility from being located at 421 #B E Broadway despite the surrounding area being properly zoned Industrial and 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 requirement of the UDC with the exception of the distance requirement to another cannabis cultivation 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 and industrial. The applicant proposes using a filtering system to reduce or eliminate any potential odor. This criterion IS met. 40 421 #B E Broadway Ave. CV 23-74 Staff Report 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 IND: Industrial District. This criterion IS met. 6. That no nonconforming use of neighboring lands, structures or buildings in the same district and no permitted use of lands, structures or buildings in other districts has been or shall be considered grounds for the issuance of a variance. No nonconforming uses, structures or buildings in the same district have been considered as grounds for this variance request. This criterion IS met. 7. That the applicant would suffer an unnecessary hardship if the variance requested were denied. The applicant intends to lease the property. If the variance were to be denied, they would be prevented from opening a commercial cannabis cultivation facility at the location. The applicant has already spent time and effort to get their cultivation license approved. This criterion IS met. PUBLIC INPUT Letters were sent to nine surrounding neighbors and the property was posted with a sign. At the time of this report no public input has been received. APPLICANT JUSTIFICATION FOR A VARIANCE The facility is strictly for the inside cultivation of cannabis plants. This is not a retail location where traffic and/or reasonable use of the building would be affected. The facility will operate as any other manufacturing facility with employees entering and exiting at a minimum, requiring very little easing of the code. The facility would like to exercise their right to cultivate cannabis in a responsible way that creates as minimal disturbance for the local community as possible. STAFF CONCLUSION • The proposed use meets 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. 41 421 #B E Broadway Ave. CV 23-74 Staff Report STAFF RECOMMENDATION The Community Works Department recommends approval of Petition CV 23-74, a request from Sharon Glover, for a waiver from the City’s 300-foot distance requirement from a commercial cannabis cultivation facility at 421 #B E Broadway Ave. in the Industrial zoning district with the following condition of approval: 1. A Special Use Permit must be approved for commercial cannabis cultivation. 42 421 #B E Broadway Ave. CV 23-74 Staff Report 43 421 #B E Broadway Ave. CV 23-74 Staff Report 44 421 #B E Broadway Ave. CV 23-74 Staff Report 45 1717 Schofield Lane SUP 23-56 Staff Report 46 421 #B E Broadway Ave. CV 23-74 Staff Report 47 421 #B E Broadway Ave. CV 23-74 Staff Report Properties within 100 feet NAME ADDRESS CITY STATE ZIP J and J Realty Co LLC 1621 W Murray Drive Farmington, NM 87401 J and J Realty Co LLC 1621 W Murray Drive Farmington, NM 87401 J and J Realty Co LLC 1621 W Murray Drive Farmington, NM 87401 Cochran Gerald Trust 4495 Monaco Street San Diego, CA 92107 Cochran Gerald Trust 4495 Monaco Street San Diego, CA 92107 Hoisington LLC 2625 W Relations Street Safford, AZ 85546 Hoisington LLC 2625 W Relations Street Safford, AZ 85546 Hoisington LLC 2625 W Relations Street Safford, AZ 85546 DPC Acquisitions LLC PO Box 420 Farmington, NM 87499 48  Staff Report: ZC 23-75, Pinon Hills Blvd STAFF REPORT Zone change request from Single-Family 7 to General Commercial to allow for a mechanic shop, RV park, and camping located on 37.25 acres south of Pinion Hills Blvd. STAFF REPORT, October 26, 2023 PROJECT INFORMATION Applicant Loren Healy, potential property owner Representative Allen Elmore Date of Application September 8, 2023 The petitioner is requesting a Zone Change from Single Family-7 to General Commercial to allow for a mechanic shop and possible future Requested Action RV park and camp ground located on 37.25 acres south east of Pinon Hills Blvd. Location R0030411, Farmington NM 87401 Existing Land Use Undeveloped Existing Zoning Single-Family 7 2040 Future Land Medium Density Residential Use Designation North: Single-Family 7– Undeveloped, recreational use. South: Single-Family 7 and San Juan County– Residential and Surrounding Zoning agricultural (SJC) uses. & Land Use East: Single-Family 7 – Undeveloped federal land with residential uses further out. West: San Juan County (No zoning), undeveloped Publication of Notice: October 9, 2023, Farmington Daily Times Notice Property owners letter: October 9, 2023 Requirements Sign posted: October 16, 2023 Staff Planner Colby Gibson, Long Range Planner 1|Page 49  Staff Report: ZC 23-75, Pinon Hills Blvd BACKGROUND The San Juan County Tax Assessor’s records show the subject property as 37.25 acres in size. The parcel is currently undeveloped but does have one oil and gas well site located on the property (approved Special Use Permit). The petitioner is requesting a Zone Change from Single Family-7 to General Commercial. The petitioner has submitted a phased site plan to show the intended uses on the parcel. Phase 1 is the only use planned at this time and includes a mechanic / off road and racing shop. Phase 2 and 3 are envisioned for the future, however not planned out at this time. These phases may include a RV park and camping sites. All of the proposed uses are permitted in GC zoning. The applicant proposes a 90’ x 150’ shop building, approximately 13,500 square feet. The floor plan indicates spaces for an office, show room, main shop, fabrication shop and storage. The majority of the parcel is located in the FEMA designated flood plain, zone AE. The applicant will be required to meet UDC Section 2.4.59 for the proposed mechanic shop and 2.4.41 for the proposed RV Park and camp grounds. 2|Page 50  Staff Report: ZC 23-75, Pinon Hills Blvd Shop Floor Plan Proposed Future RV Park Layout 3|Page 51  Staff Report: ZC 23-75, Pinon Hills Blvd Shop Elevation / Profile Proposed Shop Layout 4|Page 52  Staff Report: ZC 23-75, Pinon Hills Blvd Aerial Map 5|Page 53  Staff Report: ZC 23-75, Pinon Hills Blvd Area Overview 6|Page 54  Staff Report: ZC 23-75, Pinon Hills Blvd Surrounding Uses 7|Page 55  Staff Report: ZC 23-75, Pinon Hills Blvd Zoning 8|Page 56  Staff Report: ZC 23-75, Pinon Hills Blvd 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 Medium Density Residential. The Medium Density Residential designation supports a wide range of housing options as well as a gridded street network and access to city amenities. The proposed uses of mechanic shop and camping do not conform with the designation. Additionally the proposed zone change to General Commercial is not supported by the Future Land Use Plan designation of Medium Density Residential. While the proposed zone change and uses do not conform with the Future Land Use Plan, the proposed use of camping, cabins and RV Park align with multiple goals identified in the 2040 Comprehensive Plan: • Goal 2.3: Ensure appropriate zoning to support the viability of existing and new commercial development. • Goal 6.7: Work with the Economic Development Department to assess the feasibility of a luxury RV Resort. 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 General Commercial zoning is not compatible with the present zoning. The majority of the area is zoned Single-Family 7 with the exception of the unzoned land to the west and south west in San Juan County. General Commercial zoning permits a wide variety of uses with moderate to high intensities while Single-Family 7 zoning permits only single family residences. The proposed uses are not compatible with the residential uses to the south and southeast. It is unknown at this time how the properties to the north, west, and east will develop. If the undeveloped properties to the north and east develop as currently zoned (SF-7 and SF-10), the proposed use will not be compatible. 9|Page 57  Staff Report: ZC 23-75, Pinon Hills Blvd C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? Staff has noted a number of concerns related to the proposed zone change and uses having an adverse impact on surrounding properties. The proposed use of a mechanic shop and camp sites have the potential to create noise, fumes, noxious odors, dust, smoke, fire hazard among other possible injurious or noxious impacts. The impacts can be minimized through the use of buffering, distance and screening, however this may not address all of the potential negative external impacts. The area to the north and west of the subject property are currently undeveloped. A 10- acre undeveloped federal parcel separates the subject property from the nearest residences to the east (approximately 650 feet). Directly south from the proposed mechanic shop is a 36-acre parcel which appears to be used for agricultural purposes. Staff’s main concern is the residential subdivision which abuts the far south east property line. The subdivision is estimated to be just over 1,000 feet away from the proposed shop which will help mitigate adverse impacts. The residential subdivision sits almost 90’ in elevation higher than the subject property (5,437’ / 5,526’). D. Is the proposed density and intensity of use permitted in the proposed zoning district? The General Commercial zoning district does not have minimum size or density requirements. Mechanic shop and RV/camp ground uses are permitted within the proposed General Commercial zoning district. If approved, this petition would allow any of the uses permitted in the General Commercial to be located on this parcel. E. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? The subject property is 37.25 acres in size and appears to be large enough to accommodate the proposed uses. Additionally the location of the parcel is 0.8 miles from the Farmington Glade recreational area, which is advantageous for the proposal. The property is divided by the Farmington Glade Arroyo, which provides a substantial challenge to accessing the east half of the lot. The Fire Marshall’s Office has expressed concern regarding the eastern portion of the lot being accessible to emergency personnel in the event of an emergency. The subject property has over 10 acres of usable space on the west side of the Glade Arroyo. A significant amount of the parcel is located within the FEMA designated floodplain. All development within the flood plain will be required to meet City and FEMA standards, including but not limited to elevating any proposed buildings or structures to one foot above the base flood elevation. F. Are adequate public facilities and services available to serve development for the type and scope suggested by the proposed zone? If utilities are not available, could they be reasonably extended by the applicant? Is the applicant willing to pay for the extension of public facilities and services necessary to service the proposed development? Access to the site is provided from Pinon Hills Blvd, classified as a major arterial per the Farmington Major Thoroughfare Plan. Utilities are not available from Pinon Hills Blvd. The nearest available utilities are located to the west off of 35th St and just north of West 30th St. 10 | P a g e 58  Staff Report: ZC 23-75, Pinon Hills Blvd The applicant will be required to extend any infrastructure necessary to serve the proposed development. The development will be required to install a paved driveway connecting parking areas to Pinon Hills Blvd. 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 constitute spot zoning by this definition based on two findings: (1) the Future Land Use Plan does not support General Commercial zoning in this area and (2) the proposed zoning would grant the parcel special privileges not granted in within the area. Applicable UDC Standards: UDC Sec. 2.4.41: Recreational vehicle parks and campgrounds. A. Minimum space area 1. Recreational vehicle, motor home, cap trailer and similar uses: 1,200 SQFT 2. Cabin or tent: 800 SQFT B. Minimum space width: 30 feet C. Recreational Vehicle Park shall be occupied only by persons using recreation vehicles as defined in section 11.1, and small cabins without plumbing and tents for overnight, short duration, or seasonal camping. D. Each park shall be served by central water and sewer facilities. E. Each park shall provide common restroom and shower facilities in accordance with the requirements of the San Juan County Health Department. F. No space shall be located more than 300 feet from common restroom and shower facilities. G. Landscaping and screening shall be provided in accordance with the provisions of section 5.5, landscaping and screening. H. One tree of a species suitable for the area shall be provided for each two spaces, and shall be located in close proximity to those spaces (existing trees on the site may be used to satisfy this requirement). UDC Sec. 2.4.59 Vehicle repair; mechanical, paint and body shops A. All repairs must be conducted within an enclosed building. B. All inoperable vehicles upon which repairs are to be conducted shall be enclosed behind a six-foot screening fence. C. No repairs shall be conducted within 200 feet of any property line of a residential use located within a residential boundary. This distance is measured from the property line to the front of the repair shop or area bay door. D. No vehicle repair or service facility shall be permitted to have bay doors facing a residential use located within a residential district. 11 | P a g e 59  Staff Report: ZC 23-75, Pinon Hills Blvd PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to 14 surrounding property owners. At the time of this report, no written public comment has been received. Staff has received multiple phone calls from affected parties. Concern has been expressed regarding the mechanic shop creating loud noise, outdoor lighting, and outdoor storage. STAFF COMMENTS Enterprise Field Services – M. Waszut Enterprise Field Services has pipelines that cross this proposed project area. Metropolitan Planning Organization Officer – P. Koeppel 1. As noted in the planning memo, this is not consistent with the future land use map and there are concerns about potential flooding. Crossing the parcel may be difficult during/after rain/snow. 2. Potential traffic impacts should be carefully analyzed, especially with the proposed RV Park and campground. 3. Access from the east is difficult/impossible. 4. If this is approved, does that set a precedent for rezoning other parcels along the corridor (again contrary to the future land use plan)? 5. GC zoning may allow too many (potentially undesirable) uses near established Neighborhoods ORII – W. Unsicker The City of Farmington is very keen to add well managed full service RV/Cabin campgrounds. The ease of access and visibility of this particular site would seem to be a benefit for visitors, especially those interested in nearby recreational activities on public lands. The site seems to be far enough removed from residential due to natural height separation. Likewise, the secondary use of a shop that holds potential for impact on the residences is far removed and fronting on Pinon Hills Blvd. As such, I see this as a great addition to the Outdoor Rec landscape for the City. Long Range Planning – C. Gibson 1. The 2040 Future Land Use Plan designates the subject property as ‘Medium Density Residential’. The proposed zone change and use does not conform to the designation. 2. The proposed zone change to GC would constitute spot zoning as defined by UDC Article 11 definitions. Electrical Engineering - Roberto Ga There is no FEUS infrastructure yet in that parcel. CW – Engineering – T. Sitta 1. City of Farmington Floodplain Management regulations support this zone change, however, please be advised that any/all proposed development within all Zones AE designations require a floodplain development permit to be issued by the City Floodplain Manager prior to the start of any development, including grading, grubbing and storage actives. 12 | P a g e 60  Staff Report: ZC 23-75, Pinon Hills Blvd 2. Any proposed development (grading, grubbing, storage, structures, bridges, crossings, etc.) in the Zone AE Floodway must provide all required engineering (certified) and surveying documents and may require FEMA letters and Army Corps permits. Federal agency reviews may take months to complete, not including time for engineering, analysis and local permit review. 3. Proposed development within all other Zone AE designations will require certification documents provided by a licensed surveyor or flood proofing documentation provided by a licensed professional engineer, depending on the proposed development plan. 4. All required documentation must be submitted and reviewed by City Staff prior to the issuance of any development or building permits. Please see the City’s Unified Development Code (UDC) - Section 5.6 for floodplain regulations. All other applicable development standards in the City’s UDC must be complied with prior to the issuance of any permit. City Engineer & Traffic Engineer The City’s Major Thoroughfare Plan shows an extension of 35th St through this property. If approved, the applicant will be required to construct the road to City standards. Per the Pinon Hills Boulevard Access Plan, the site will need to utilize the existing driveway. 13 | P a g e 61  Staff Report: ZC 23-75, Pinon Hills Blvd STAFF CONCLUSION • The proposed uses are in compliance with the Unified Development Code standards. • The proposed zone change and uses are not consistent with the 2040 Future Land Use Plan or the Pinon Hills Boulevard Corridor Plan. The proposed zone change and use align with two identified goals outlined in the City’s Comprehensive Plan. • The proposed zone change and uses are not compatible with the surrounding Single- Family 7 zoning and residential uses. STAFF RECOMMENDATION The Community Works Department recommends denial of Petition ZC 23-75, a request from Loren Heal represented by Allen Elmore for a Zone Change from Single Family-7 to General Commercial to allow for a mechanic shop, RV park and camp ground located on 37.25 acres south east of Pinon Hills Blvd. If the Planning and Zoning Commission were to recommend approval of this zone change petition, staff recommends the following conditions of approval: 1. All development of the subject property shall comply with UDC Article 5 standards including but not limited to parking, access management, landscaping and screening, floodplains, drainage, signs, and lighting. 2. No outdoor storage shall be allowed. 3. Access to the property shall be from Pinon Hills Boulevard via the existing 80- foot-wide right of way driveway through property R0027076, north of property R0030411. 4. Applicant shall construct concrete curb, gutter and 5-foot sidewalks along the south side of Pinon Hills Boulevard adjacent to the subject property prior to the issuance of a building permit. 5. Applicant shall dedicate City right of way 60-feet in width for the extension of 35th Street along the northern boundary line of the subject property, connecting to an existing 80-foot-wide right of way driveway prior to the issuance of a building permit. 6. Applicant shall execute a non-remonstrance agreement with the City of Farmington, committing to constructing and extending 35th Street per the most recent adopted City technical specifications and standards at the time when property R4004754 is developed. 14 | P a g e 62  Staff Report: ZC 23-75, Pinon Hills Blvd 15 | P a g e 63  Staff Report: ZC 23-75, Pinon Hills Blvd 16 | P a g e 64  Staff Report: ZC 23-75, Pinon Hills Blvd 17 | P a g e 65  Staff Report: ZC 23-75, Pinon Hills Blvd 18 | P a g e 66  Staff Report: ZC 23-75, Pinon Hills Blvd 19 | P a g e 67  Staff Report: ZC 23-75, Pinon Hills Blvd 20 | P a g e 68  Staff Report: ZC 23-75, Pinon Hills Blvd 21 | P a g e 69  Staff Report: ZC 23-75, Pinon Hills Blvd 22 | P a g e 70  COMMUNITY WORKS STAFF REPORT Petition CV 23-82: 850 E. Main Street Suite B Cannabis 300-foot Distance Requirement Waiver STAFF REPORT, October 26, 2023 PROJECT INFORMATION Applicant Wilber Garcia, property owner Representative N/A Date of Application September 14, 2023 The petitioner is requesting a waiver of the required 300-foot distance Requested Action from a residential use to a cannabis retail facility at 850 E. Main Street Suite B, a 1.84-acre property. Location 850 E. Main Street Suite B Existing Land Use Vacant commercial property Future Land Use Employment Mixed Use Designation Existing Zoning General Commercial North: Mixed Use Surrounding Zoning South: General Commercial & Land Use East: General Commercial West: General Commercial Publication of Notice: October 9, 2023, Farmington Daily Times Notice Requirements Property owners letter: October 9, 2023 Sign posted: October 16, 2023 Staff Planner Joaquin Gonzalez, Associate Planner 71  City of Farmington CV 23-82 850 E. Main St Suite B STAFF ANALYSIS Background The San Juan County Tax Assessor’s records shows the lot size as 1.84 acres. The proposed Cannabis Retail Suite B being used is 1536 square foot Office/Clinic building built in 1977. The applicant is proposing to use the property for cannabis retail. Per UDC Sections 2.4.67 cannabis retail is a permitted use in the General Commercial zoning district. The petitioner is requesting a waiver from the City’s 300-foot distance requirement from a residential use. There is a mobile home park (Thunderbird MHP) residences located west from the subject property 40-feet away. Distance is measured property line to property line and excludes Right of Way. Distance measured from the front door of the proposed cannabis retail facility to the front door of the closest mobile home is about 380-feet away. Hours of operation will be from Sunday-Saturday 9 am to 9 pm. There will be only 2 employees on site. A floor plan showing the proposed layout is shown below: 72  City of Farmington CV 23-82 850 E. Main St Suite B ZONING MAP 73  City of Farmington CV 23-82 850 E. Main St Suite B ZONING MAP: AERIAL VIEW 74  City of Farmington CV 23-82 850 E. Main St Suite B AERIAL MAP 75  City of Farmington CV 23-82 850 E. Main St Suite B AERIAL MAP: AREA 76  City of Farmington CV 23-82 850 E. Main St Suite B 300-FOOT PERIMETER Subject Property Residential 77  City of Farmington CV 23-82 850 E. Main St Suite B STREET VIEW 78  City of Farmington CV 23-82 850 E. Main St Suite B Consistency with the UDC and Comprehensive Plan The 2040 Future Land Use Plan designates the subject property Employment Mixed Use. The proposed use of cannabis retail conforms to the light manufacturing and entrepreneurial start- ups of the Employment 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 not self-imposed. The petitioner originally submitted a request for a business license from the City of Farmington on August 23, 2022 almost one year before the 300’ distance requirement to residential standard was in place. 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. This criterion IS met. 79  City of Farmington CV 23-82 850 E. Main St Suite B 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 850 E. Main Street despite the surrounding area being properly zoned General Commercial. The Grass Station dispensary operates a cannabis cultivation facility approximately 400 feet to the east on Main Street. This criterion IS met. 3. The applicant demonstrates that the request is a minimum easing of the Code requirements, making possible the reasonable use of the land, building or structure. The petitioner has met every other requirement of the UDC with the exception of the distance requirement to a residential use. 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 securely indoors and is not injurious to the neighborhood. The location is surrounded by several general commercial uses. The subject property has access from E Main Street which is classified as a major arterial by the City’s Major Thoroughfare Plan. Distance measured from the front door of the proposed cannabis retail facility to the front door of the closest mobile home is about 380-feet away more than 300 feet from the residential ‘use’. To prevent odor, they will keep the product correctly stored and use an odor purifier with a filter. 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. Per UDC Sections 2.4.67 cannabis retail is a permitted use in the General Commercial zoning 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. 80  City of Farmington CV 23-82 850 E. Main St Suite B This criterion IS met. 7. That the applicant would suffer an unnecessary hardship if the variance requested were denied. 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 nine surrounding neighbors and the property was posted with a sign. At the time of this report no public input has been received. STAFF COMMENTS STAFF CONCLUSION • Compliance: The proposed use meets all of the variance criteria outlined in UDC Sec. 8.12.4. Staff has not received any community opposition to this petition. • Consistency: The proposed use is consistent with the 2040 Comprehensive Plan and compatible with the Future Land Use Plan designation of Employment Mixed Use. • Compatibility: The proposed use should not have a negative impact on the environment or surrounding area. 81  City of Farmington CV 23-82 850 E. Main St Suite B STAFF RECOMMENDATION The Community Works Department recommends approval of Petition CV 23-82, a request from Wilber Garcia, for a waiver of the required 300-foot distance from a residential use to a cannabis retail facility at 850 E. Main Street Suite B in the General Commercial zoning district with the following conditions of approval: 1. A building and fire inspection shall be required. 2. The applicant shall install one ADA van accessible parking space per UDC section 5.2.3 and 5.2.10. 100 Feet Notification 82  City of Farmington CV 23-82 850 E. Main St Suite B 83  City of Farmington CV 23-82 850 E. Main St Suite B 84  City of Farmington CV 23-82 850 E. Main St Suite B 85 1717 Schofield Lane SUP 23-56 Staff Report 86  City of Farmington CV 23-82 850 E. Main St Suite B 87  City of Farmington CV 23-82 850 E. Main St Suite B 88  City of Farmington CV 23-82 850 E. Main St Suite B 89  City of Farmington CV 23-82 850 E. Main St Suite B 90