Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive November 16, 2023 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the October 26, 2023 P&Z Meeting 4 Petition CV 23-82 – A request for a waiver of the required 300-foot distance from a residential use to a proposed cannabis retail facility at 850 E. Main Street Suite B, a 1.84- acre property. Presented by Associate Planner Gonzalez (Tabled from the October 26, 2023 meeting.) 5 Petition ZC 23-83 – A request for a Zone Change from RA, Rural Agriculture, to GC, General Commercial. Located at 2105 West Main St. Presented by Senior Planner Safrany 6 Petition SUP 23-87 – A request for a Special Use Permit to allow for commercial cannabis cultivation, manufacturing and production at 2800 Inland Street. Presented by Associate Planner Gonzalez 7 Petition CV 23-89 – A request for a waiver of the 300-foot distance requirement from a residential use to a proposed cannabis retailer at 1050 E. Murray Drive, a 0.223-acre property. Presented by Senior Planner Safrany 8 Business From Floor: Chairman: Members: Staff: 9 Adjournment Petition items on this agenda will be scheduled for the next City Council meeting – November 28, 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 26, 2023 The Planning & Zoning Commission met in a regular session on October 26, 2023 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. P&Z Members Present: Chair Clint Freeman Cheryl Ragsdale Cody Waldroup Clete Berens Gary Hanson P&Z Members Absent Vice Chair Ryan Brown Amber Hodge Joyce Cardon Shay Davis Staff Present: Colby Gibson Mike Safrany Joaquin Gonzalez Jennifer Breakell Russel Frost Tami Spencer Others Who Addressed the Commission Sharon Glover Allen Elmore Paula Nickerson James Spence Abe Nickerson Mark Curnutt 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 Ragsdale and seconded by Commissioner Waldroup to approve the agenda of the October 26, 2023 Planning & Zoning Commission meeting. This motion passed unanimously by a 5-0 vote. Approval of the Minutes A motion was made by Commissioner Waldroup and seconded by Commissioner Berens to approve the minutes of the October 12, 2023 Planning & Zoning Commission meeting. This motion passed unanimously by a 5-0 vote. 1 Swearing of Witnesses Tami Spencer, Administrative Assistant swore in all parties that wished to speak. Petition SUP 23-73 – A request to allow commercial cultivation of cannabis at 421 #B E Broadway Ave, a 0.91-acre property. Senior Planner Safrany Presented the Following: Petition Information  Petitioner: Sharon Glover for Anna Johnson  Zoning: IND: Industrial District  Existing Land Use: Light Industrial  Requesting: SUP to allow for commercial cannabis cultivation. Background • The property is 0.91 acres • There are two existing buildings on the site: 1. 6,000 sf metal structure 2. 4,500 sf metal structure (subject building) • The subject building is 150 feet south of Broadway Ave. behind 421 E Broadway 2  Zoning Map Cannabis Map 3  Distance Requirement Actual Distance from Property line to property line is 284 feet. View from Broadway Ave 4  Northwest Elevation Southwest Elevation Description • Seeking SUP to allow for commercial cannabis cultivation • Commercial cannabis cultivation is permitted in the industrial zoning district with a SUP • The facility will provide cultivation services to cannabis retailers only, there will be no public retail at this time 5  • The business will be open 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 • Cannabis plants will be sold in the immature stage as non-flowering clones for wholesale. • Applicant is also seeking a waiver of the 300-foot distance requirement to a commercial cannabis cultivation site (Petition CV 23-74) Floor Plan (4,500 sf) UDC 8.9.4 – SUP Criteria A. Effect on Environment: The surrounding uses are commercial and industrial and cultivation will be carried out indoors. The building sits behind another commercial building approximately 150 feet off Broadway Ave. B. Compatible with surrounding area: The existing building is harmonious with the surrounding area. No exterior modifications will be done to the current storage warehouse. C. External Impacts: The proposed facility shall comply with industry and state requirements regarding noise and fumes. D. Infrastructure impacts minimized: The facility has existing utilities available. There is ample parking available and there is chain link fencing surrounding the property. UDC 8.9.4 – SUP Criteria 6 E. Consistent with the UDC and Comprehensive Plan: Downtown: Facilities include offices, housing, and specialty retail, cultural and service activities. CB, GC, OP and MU zoning allowed UDC 8.9.4 – SUP Criteria F. Parcel Size: The subject property is 0.91 acres, sufficient for the use proposed G. Site Plan: The existing site meets the standards of the UDC, Section 8.5 with the installation of one van accessible ADA parking space. Public Notice Letters were sent to nine surrounding property owners. Legal notice was published and a sign was posted on the subject property. At the time of this report, no public comment was received. Recommendation The Community Works Department recommends approval of SUP 23-73, a request from Sharon Glover, for a Special Use Permit to allow for commercial cannabis cultivation at 421 #B Broadway Ave. with the following conditions: 1. A State license shall be obtained. 2. A business registration shall be required. 3. A building and fire inspection shall be required. 4. A building permit shall be required for any interior modifications. 5. The SUP shall be effective for 5 years, at which time the applicant can renew. Discussion The Commission had no question for staff. Petitioner Representative Sharon Glover, 6124 McLeod Rd, Albuquerque, New Mexico, 87109: Ms. Glover stated that the petitioner would only be growing clones that they will be selling to retailers. She added that since these are only clones, which will cut down on any odor, the larger plants are typically where most of the odor comes from. She added the petitioner has obtained their cannabis producer license from the state. Ms. Glover stated that there will be no signage and that the property already has proper fencing and the security measures required by the state. Since this is a wholesale business there will be very few people coming and going. The product will either be picked up by the retailer or it will be delivered to them. The petitioner wants to do things properly and that they are a positive influence in the community. The Commissions Asked the Petitioner’s Representative: 1. This business will have no retail customers? 2. Will most of the product stay local? 7  3. Does the petitioner have other shops? 4. Does the petitioner have any problems with the conditions set forth from staff? The Petitioner’s Representative Replied: 1. That is correct there will be no retail sales from this business. 2. The plan is to pair with local retailers to make sure that the local economy is being stimulated before moving the product elsewhere. 3. No the petitioner is from Farmington but lives in Durango, Colorado now. 4. We have all discussed the conditions and we are all in agreement and are fine with the conditions. With no public comments Chair Freemen closed the public comment portion of the meeting for petition SUP 23-73. The Commission had no other questions for Senior Planner Safrany With no Commission discussion needed. Chair Freeman called for a motion. Motion A motion was made by Commissioner Waldroup and seconded by Commissioner Berens to Approve Petition SUP 23-73 with the condition as recommended by staff. 1. A State license shall be obtained. 2. A business registration shall be required. 3. A building and fire inspection shall be required. 4. A building permit shall be required for any interior modifications. 5. The SUP shall be effective for 5 years, at which time the applicant can renew. AYE: Chair Freeman, Commissioner Hanson, Commissioner Ragsdale, Commissioner Waldroup and Commissioner Berens NAY: None ABSTAIN: None ABSENT: Vice Chair Brown, Commissioner Hodge, Commissioner Davis and Commissioner Cardon APPROVED 5-0 Roll Call Commissioner Berens – Voted aye because he agrees with staff. Commissioner Waldroup – Voted aye because he believes staff has done a great job presenting this petition to help businesses grow here in Farmington. 8  Chair Freeman – Voted aye because he feels it fits in with the current zoning and what’s going on in the area. He feels there is not negative impact on the neighbors or community. Commissioner Ragsdale – Voted aye because it is not retail and it fits in with the current zoning. Commissioner Hanson – Voted aye for very much the same reasons. This was well described by staff and the petition’s representative and it is in a very inconspicuous location. Petition CV 23-74 – A request for a waiver of the required 300-foot distance from one cannabis cultivation facility to a proposed cannabis commercial cultivation facility at 421 #B E Broadway Ave, a 0.91-acre property. Senior Planner Safrany Presented the Following: Petition Information  Petitioner: Sharon Glover for Anna Johnson  Zoning: IND: Industrial District  Existing Land Use: Light Industrial  Requesting: SUP to allow for commercial cannabis cultivation. Background • The property is 0.91 acres • There are two existing buildings on the site: 1. 6,000 sf metal structure 2. 4,500 sf metal structure (subject building) • The subject building is 150 feet south of Broadway Ave. behind 421 E Broadway 9 Zoning Map 10  Cannabis Map Distance Requirement Actual Distance from Property line to property line is 284 feet. 11  Applicable Regulations City of Farmington Unified Development Code Section 2.4.71 Cannabis, commercial cultivation. A. The planting, growing, harvesting, drying, curing, grading or trimming of cannabis for commercial use is permitted in GC, IND and PIP zoning by Special Use Permit. B. Cultivation of plants must be in a green house or other fully enclosed structure with proper ventilation and must incorporate odor mitigation best practices. C. Such uses shall not be permitted within 300 feet of any school (public and private), religious institution, daycare center, residential use, cannabis dispensary, or from another commercial cultivation site. Floor Plan (4,500 sf) Variance Criteria 1. That special conditions exist that are not self-imposed: The physical buildings between the two cultivation sites are over 400 feet in distance. The subject property sits behind an existing commercial building approximately 150 feet from Broadway Ave. 2. That literal interpretation of the code would deprive the applicant of commonly enjoyed rights: 12 The literal interpretation of the code would prohibit the operation of a cultivation site despite the area being properly zoned for Industrial use. 3. That applicant demonstrates the request is a minimum easing of the code: The actual distance from the existing cultivation site and the 150-foot buffer off of Broadway Ave. demonstrates a minimum easing of the code. 4. That the granting of the variance is in harmony with the general interest, the general purpose and intent of the code and not injurious to the neighborhood: The variance is not injurious to the neighborhood. The location is surrounded by commercial and industrial uses and is on a main corridor. 5. That the variance will not permit a use not otherwise allowed in the underlying district: Granting this variance would not permit a use not otherwise allowed in the Industrial zoning district. 6. That no non-conforming use of land, structures or buildings has been considered grounds for the issuance of a variance: No nonconforming uses or buildings have been considered for this request. 7. That the applicant would suffer an unnecessary hardship if the variance request were denied: The applicant would be prevented from opening a commercial cannabis cultivation facility at the location of the subject property. The property owner would lose a potential tenant. Potential employment opportunities would be lost. Public Input This petition was properly noticed. Letters were sent to surrounding property owners within 100 feet from property line to property line excluding right of ways. Legal notice was published and a sign was posted on the subject property. At the time of this report no public input has been received. Recommendation The Community Works Department recommends approval of 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 Broadway Ave. with the following condition of approval: 1. A Special Use Permit must be approved for commercial cannabis cultivation. 13  Discussion The Commission Asked Staff: 1. Do you know what kind of cultivation they are doing across the street? Is it mature plants or clones? 2. The Commission does not have an issue with this petition, but we have a petitioner here asking for a variance and an easing of the code. It seems like we are setting a precedence over and over, having a code that we are trying to find ways around it. It should be looked at to see if changes need to be made with that code. Staff Replied: 1. We believe they are growing mature plants. 2. Staff replied that that is a very good point, in this specific case the distance from building to building is over 400 ft. Petitioner Representative Sharon Glover, 6124 McLeod Rd, Albuquerque, New Mexico, 87109: Ms. Glover stated that she understands the rule and the issue with trying to find ways around the code. She does feel that with this being a cultivation facility there will not be the same kind of traffic as a retail dispensary. She also pointed out that there is future economic growth stimulus providing jobs, and with the tax dollars this will generate. The Commission Asked the Petitioner’s Representative: 1. Will you be selling to the cultivation facility across the street? 2. Are you a wholesaler? Will there be any retail sales? The Petitioner’s Representative Replied: 1. We would not normally sell to a cultivation facility, unless they had a crop fail and needed clones to start another crop. 2. Yes we are a wholesaler, and can only sell directly to retailers. We cannot sell directly to an individual. With no public comments Chair Freemen closed the public comment portion of the meeting for petition CV 23-74. The Commission had no other questions for Senior Planner Safrany With no Commission discussion needed. Chair Freeman called for a motion. Motion A motion was made by Commissioner Hanson and seconded by Commissioner Ragsdale to Approve Petition CV 23-74 with the condition as recommended by staff. 1. A Special Use Permit must be approved for commercial cannabis cultivation. 14  AYE: Chair Freeman, Commissioner Hanson, Commissioner Ragsdale, Commissioner Waldroup and Commissioner Berens NAY: None ABSTAIN: None ABSENT: Vice Chair Brown, Commissioner Hodge, Commissioner Davis and Commissioner Cardon APPROVED 4-1 Roll Call Commissioner Hanson – Voted aye because he is satisfied that staff has fairly presented the criteria and this request satisfies the elements of that criteria for a variance. Commissioner Ragsdale – Voted aye because she felt that from door to door it’s a little over 400 ft. and she felt comfortable in this situation. Chair Freeman – Voted aye, even though he appreciates Commissioner Waldroup’s stance and that there is a code for a reason. He feels like this is a little different business and it is different enough that it’s not two businesses doing the same thing on the same block. Commissioner Berens – Voted aye because door to door is over 300 ft. and the cultivating facility will be very plain Commissioner Waldroup – Voted nay because we keep granting these variances and he wants to take a stance regarding that code. It does not have anything to do with the business. He is hoping that one day the City Council will get it. Petition ZC 23-75 – A request for a Zone Change from Single Family-7 to General Commercial to allow for a mechanics shop and possible future RV park and camp ground located on 37.25 acres south east of Pinon Hills Blvd. Long Range Planner Presented the Following: Petition Information o Applicant: Loren Healy o Representative: Allen Elmore o Location: Pinon Hills Blvd, R0030411 15 o Existing Zoning: Single Family-7 o Existing Land Use: Undeveloped o Request: Zone Change from Single Family-7 to General Commercial to allow for a mechanic shop and future RV park and camp ground. Subject Property o Property size: 37.25 acres o Vacant undeveloped property. o Oil & Gas Location o Glade Arroyo Area View 16 Street View: East Street View: North Street View: South 17 Street View: West Site Plan 18 Site Plan: Mechanic Shop Floor Plan: Mechanic Shop 19 Profile: Mechanic Shop Site Plan: RV Park 20  Zoning Surrounding Land Uses North: Undeveloped, recreational use. South: Residential and agricultural uses. East: Undeveloped federal land with residential uses further out. West: Undeveloped 21  Pinon Hills Boulevard Corridor Plan UDC Sec. 8.7.4 Zone Change Issues for Consideration A. UDC Sec. 8.7.4 Zone Change Issues for Consideration B-C 22  UDC Sec. 8.7.4 Zone Change Issues for Consideration D-E UDC Sec. 8.7.4 Zone Change Issues for Consideration F-G Applicable UDC Standards UDC Sec. 2.4.41: Recreational vehicle parks and campgrounds 23  Applicable UDC Standards UDC Sec. 2.4.59: Vehicle repair; mechanical, paint and body shops Public Notice o This petition has been properly noticed. o Letters were sent to 14 surrounding property owners. o Staff has received written opposition. 24 27 28  Staff Comments o Enterprise Field Services: Gas pipelines present on the property. o FEUS: There is no FEUS infrastructure yet in the parcel. o MPO: o Concerns with GC zoning uses creating adverse impacts on neighboring properties. o Concerns related to accessing the east side of the subject property. o Concern regarding setting a precedent for rezoning other parcels nearby (contrary to Future Land Use Plan). o Planning: 29  o Concerned with the proposed use and zoning not conforming with Future Land Use Plan. o Concerns with adverse impacts on nearby properties. o Spot zoning o Economic Development / ORII: o COF is looking to add a well-managed RV/Cabin camp ground. o Site appears to be a benefit for visitors and those accessing public lands. o Good for outdoor recreation landscape for City. o CW Engineering: o Promotes the change from residential use to commercial due to existence of the floodplain. o Any development in the FEMA designated floodplain/floodway will be required to meet City and FEMA requirements. Traffic Engineering o Farmington Major Thoroughfare Plan considerations: o Planned extension of 35th St runs through this parcel with the following requirements: o Access to site from existing driveway/right of way from Pinon Hills Boulevard o Development of site requires sidewalks on south side of Pinon Hills Boulevard 30 o Dedication of right of way to COF along northern boundary line (60- foot width) o Execute non-remonstrance agreement with COF for future extension and construction of 35th Street based on potential development of adjacent parcel. Traffic Engineering 31  Staff Conclusion o Compliance: The proposed uses and zone change does not meet the Zone Change criteria of UDC Sec. 8.7.4 o Consistency: 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 use aligns with two identified goals outlined in the City’s Comprehensive Plan. o Compatibility: 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. Staff Recommended Conditions 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. Discussion The Commission Asked Staff: 1. Where does the pipeline run through this property and will they be able to build on top of it. 32  2. If this gets approved by the City Council, will this require a replat? Will this be split into three lots, one for each use? 3. Would a Planned Unit Development (PUD) be more beneficial for all of the proposed uses? 4. Are there rules for crossing an arroyo? 5. For the extension of 35th St., would that be feasible with the elevation change? What would trigger the extension of 35th St. to Pinon Hills Blvd? 6. How are the surrounding parcels zoned? Staff Replied: 1. It runs from the existing gas line going to the south, they will not be able to build within 100 ft. or 200 ft. per our Municipal Code and of course it will be looked at if this gets developed. 2. It would not necessarily need to replat. If the petitioner is the owner of the entire parcel all three uses are permitted in GC. 3. The applicant is looking at a zone change to General Commercial because all three of these uses would be permitted in GC. 4. This will be private property, however it is a major drainage feature for the City of Farmington. They would not be able to alter the arroyo in any way. They could go over it, and that would have to be engineered as long as it does not change drainage function. Flood Plan Manager Toni Sitta added to cross the arroyo the crossing would need to be engineered and approved by the Army Core of Engineers. There would also need to be engineer studies which would need to be sent to FEMA for their approval. 5. Associate Traffic Engineer Demetrius Henry stated dirt work would need to be done to extend 35th St. The extension would be contingent on the development of the federal land that is next to the proposed site the petitioner is looking at. 6. Further to the north there is Office Professional, Local Neighborhood Commercial off of Hood Mesa Tr. and as you get to E. Main St. the zoning is GC. Affected Parties Cross Examination of Staff Paula Nickerson, 3210 Municipal Dr., Farmington NM Ms. Nickerson was there a mistake in zoning of if this considered down zoning? How would this benefit the neighborhood? Staff Replied: Long Range Planner Gibson stated the change from SF-7 to CG would not be considered down zoning. Down zoning would be when you become more restrictive. For example if you go from GC to SF-7 that would be considered down zoning. Mr. Gibson added that he does not feel the assigned zoning was a mistake. Chair Freeman explained how the zoning was assigned to different areas of town. James Spence, 3201 Espacio St., Farmington NM Mr. Spence stated that he owned a parcel just south of the proposed site. He is worried that if this is developed, he would be land locked and will lose the access to his land. Staff Replied: Long Range Planner Gibson stated that every parcel in the City of Farmington has to have legal access to it. He feels this need to be addressed whether or not this petition is approved. 33 Petitioner Representative, Allen Elmore, 4001 Skyline Ct., Farmington NM Mr. Elmore stated that he had an issue with the petitioner extending 35th St. if the federal land is developed. He will get with the petitioner to discuss that condition. He also informed Mr. Spence that there is an easement on record that goes to his property, so there will always be access to his property. Mr. Elmore introduced himself to the Commission and listed the benefits this petition, if approved, would bring to Farmington, the Four Corners and the outdoor industry. He also gave a brief bio on Loren Healy, the petitioner. He added that Mr. Healy would like to expand the size of his shop to build his vehicles and he would like to be able to test his vehicles out in Choke Cherry Canyon. Mr. Elmore added the dirt bikes that are already using the dirt bike trails on this parcel, make more noise than Mr. Healy’s shop will make. The shop will be heavily insulated and all the work will be done inside. The Commission Asked Petitioners Representative: 1. We would like to keep Pinon Hills Blvd. aesthetically pleasing to the eye. Can you speak to that? 2. Is this a space for Mr. Healy to build and work only on his cars, will there be any retail business? 3. What is the vision from the Outdoor Recreation Industry Initiative (ORII) Mr. Elmore Replied: 1. Along with what Mr. Healy does, his image is very important to him. Anything that is done on the property will reflect his image. 2. This will not be a retail space, but there may be occasions when he will allow others to work on their vehicles. For instance if someone is here for a rock crawling event he may allow them to come in and work on their vehicle for and during the event. 3. Warren Unsicker the Director of Economic Development and ORII is present and he can speak to the vision of ORII. We see a lot of outdoor recreation here in Farmington. The Cliff Hangers and 4WD Club has brought the National Outdoor Rock Crawling Competition here for the last five years. They used to move from city to city, but they have decided to come here for many years. We have the Fall Crawl and the Downtown Takeover where there is a car show and different rock crawler competitions, which draws a huge crowd. We have people coming from all over to use our facilities. Choke Cherry Canyon is world renown. He added that with the volunteer hours from the two trash clean ups held out at Choke Cherry Canyon. BLM received money and has built a campground because of those hours. Mr. Elmore feels that we are under implementing that piece of property. They would like to see a grand entrance that says Choke Cherry Canyon Glade Recreation Area with RV camping. The Commission and Mr. Elmore discussed the possibility of a PUD vs. CG Zoning. Mr. Elmore stated that that may be an option. Affected Parties Cross Examination of Petitioner’s Representative Abe Nickerson, 3210 Municipal Dr., Farmington NM 34 Mr. Nickerson brought up the 10 ft. wall and the line of sight barrier. He lives 100 ft. above the property, and he wants to know how you are going to protect his line of sight? Mr. Elmore Petitioner’s Representative Replied: Mr. Elmore replied it was his understanding the line of sight barrier would be used to keep junk cars and car parts out of sight. He added that Mr. Healy has a shop on La Plata Hwy that he would like people to drive by and see how clean it is kept. Mr. Healy does not use car parts from other vehicles. His parts are all ordered new and kept inside the shop. All his vehicles are built from scratch there will be no junk cars or other debris on the property. Mark Curnutt, 3209 Espacio St., Farmington NM Mr. Curnutt have you done any studies to determine the viability or economic standards that would be in place for being the first domino in this development. Mr. Curnutt added that we are not desperate for this kind of change. Why is this the place and time as opposed to further north or across the street? Mr. Elmore Petitioner’s Representative Replied: Mr. Elmore replied that he can only speak to his personal experience. He has seen other cities that were drying up and were revived due to outdoor recreation. Mr. Elmore added that to the property to the north is owned by the City of Albuquerque and there is no other spot if we want to be close to the Glade. You will find that some of the rock crawling trails in the Glade is zoned SF-7. Abe Nickerson, 3210 Municipal Dr., Farmington NM Mr. Nickerson stated that the Deputy City Attorney Frost mentioned that this zone change would be spot zoning. Spot zoning is very specific in regards to preferential treatment. The applicant does not own the property, it is all contingent on special treatment. Mr. Elmore Petitioner’s Representative Replied: Mr. Elmore explained that the sale of the property is contingent on the zone change. Commissioner Hanson informed Chair Freeman that he needed to excuse himself from the meeting at 5:15. Chair Freeman called for a motion to table petition ZC 23-75. Motion A motion was made by Commissioner Hanson and seconded by Commissioner Waldroup to table Petition ZC 23-75 to an undetermined date. AYE: Chair Freeman, Commissioner Hanson, Commissioner Ragsdale, Commissioner Waldroup and Commissioner Berens NAY: None 35  ABSTAIN: None ABSENT: Vice Chair Brown, Commissioner Hodge, Commissioner Davis and Commissioner Cardon APPROVED 5-0 Chair Freeman called for a motion to table petition CV 23-82. Motion A motion was made by Commissioner Waldroup and seconded by Commissioner Berens to table Petition CV 23-82 to the November 16, 2023 meeting. AYE: Chair Freeman, Commissioner Hanson, Commissioner Ragsdale, Commissioner Waldroup and Commissioner Berens NAY: None ABSTAIN: None ABSENT: Vice Chair Brown, Commissioner Hodge, Commissioner Davis and Commissioner Cardon APPROVED 5-0 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: There was not business from Staff. Adjournment: With no further business, a motion to adjourn was made by Commissioner Hanson and seconded by Commissioner Ragsdale. The motion carried unanimously 5-0 and the meeting was adjourned at 5:16 p.m. _______________________________ _________________________________ Clint Freeman Tami Spencer Chair Administrative Assistant 36  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 37  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: 38  City of Farmington CV 23-82 850 E. Main St Suite B ZONING MAP 39  City of Farmington CV 23-82 850 E. Main St Suite B ZONING MAP: AERIAL VIEW 40  City of Farmington CV 23-82 850 E. Main St Suite B AERIAL MAP 41  City of Farmington CV 23-82 850 E. Main St Suite B AERIAL MAP: AREA 42  City of Farmington CV 23-82 850 E. Main St Suite B 300-FOOT PERIMETER Subject Property Residential 43  City of Farmington CV 23-82 850 E. Main St Suite B STREET VIEW 44  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. 45  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. 46  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. 47  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 48  City of Farmington CV 23-82 850 E. Main St Suite B 49  City of Farmington CV 23-82 850 E. Main St Suite B 50  City of Farmington CV 23-82 850 E. Main St Suite B 51 1717 Schofield Lane SUP 23-56 Staff Report 52  City of Farmington CV 23-82 850 E. Main St Suite B 53  City of Farmington CV 23-82 850 E. Main St Suite B 54  City of Farmington CV 23-82 850 E. Main St Suite B 55  City of Farmington CV 23-82 850 E. Main St Suite B 56  City of Farmington ZC 23-83 2105 E Main St. COMMUNITY WORKS PETITION REPORT Petition ZC 23-83 Zone Change from RA: Rural Agricultural to GC: General Commercial A. STAFF REPORT, October 23, 2023 PROJECT INFORMATION Applicant Sizzling Caesars LLC Representative Tyler Moncur Date of Application September 17, 2023 Requested Action Zone Change from RA: Rural Agricultural to GC: General Commercial Location 2105 W Main St. - Parcel R0023998 Existing Land Use One existing industrial warehouse on the property Existing Zoning RA: Rural Agricultural Surrounding Zoning & North: GC: General Commercial Land Use South: RA: Rural Agricultural East: MU: Mixed Use West: GC: General Commercial Notice Requirements Publication of Notice: November 1, 2023, Farmington Daily Times Property owners letter: November 6, 2023 Sign posted: November 6, 2023 Staff Planner Mike Safrany, Senior Planner STAFF ANALYSIS BACKGROUND The applicant is requesting a zone change from a RA, Rural Agricultural District to a GC, General Commercial District. The 1.89-acre parcel currently has an existing 3,240 square foot light commercial utility building on site. The building was built in 1940 per the San Juan County Assessor website. In addition there are several metal storage contains randomly placed on the property, along with a few boats and trucks and other miscellaneous materials. The applicant intends to subdivide the property into a 35,000 square foot lot and a 47,328 square foot lot. The existing building will be demolished. The property is adjacent to General Commercial uses to the west and to the north. There are multiple fast food restaurants in this area. The petitioner intends to develop fast food services at the subject property. There is Mixed Use zoning to the east and Rural Agricultural uses to the south. 57  City of Farmington ZC 23-83 2105 E Main St. CURRENT ZONING MAP 58 OVERHEAD VIEW 59 SITE PLAN 60 SITE SURVEY 61  City of Farmington ZC 23-83 2105 E Main St. 2040 FUTURE LAND USE PLAN: 62  WEST MAIN STREET FACING SOUTHWEST SOUTH OF PROPERTY FACING NORTH TO MAIN STREET 63 EAST EDGE OF SUBJECT PROPERTY WEST EDGE OF SUBJECT PROPERTY 64  City of Farmington ZC 23-83 2105 E Main 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 proposed general commercial zoning is appropriate for this land use and fits the land use designation better than the existing Rural Agriculture zoning. The comprehensive Plan also shows consistent Commercial Mixed Use along West Main Street. 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 General Commercial zoning on adjacent properties to the north and west. In addition, West Main Street is a principal arterial street. C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? No adverse impacts are expected. The same uses are already existing along W Main St. D. Is the proposed density and intensity of use permitted in the proposed zoning district? Yes, the proposed development meets 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. G. Does the proposed change constitute “spot zoning” as defined in Article 11, definitions? No. There is a variety of General Commercial zoned properties in the surrounding area. 65 PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to nine surrounding property owners. At the time of this report, no public comment has been received. STAFF CONCLUSION Staff concludes the zone change from a RA, Rural Agricultural district to a GC, General Commercial district, for a property of 1.89 acres is supported by the general character of the neighborhood. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition ZC 23-83, a request from Sizzling Caesars LLC, represented by Tyler Moncur, for a zone change from a RA, Rural Agricultural district to a GC, General Commercial district at 2105 W Main Street with the following condition: 1. Future commercial development shall comply with the requirements of Article 5 of the Unified Development Code. 66 67 NAME ADDRESS CITY STATE ZIP Andrew J Erbes 2205 W Main St. Farmington, NM 87401 Erickson & Erickson Partnership 3110 Pontiac Drive Farmington, NM 87401 B&B Merritt Real Estate LLC 750 N 17th St. Las Cruces, NM 88005-4153 Navajo Mission Inc. PO Box 1230 Farmington, NM 87499-1230 Four Corners Home for Children Inc. PO Box 1230 Farmington, NM 87499 4Ct Holdings LLC 2226 E Main St. Farmington, NM 87401 Nizhoni Properties trust PO Box 2766 Farmington, NM 87499 Arjad Alex Trust & Arjad Alen Trust 245 Virginia Place Costa Mesa, CA 92627 Garden Spot Produce Inc. PO Box 109 Farmington, NM 87499-0109 68 69 70 71 72 73 74 75 76 77 78 79  COMMUNITY WORKS PETITION REPORT Petition SUP 23-87 2800 Inland Street The Weed Den Cannabis Facility STAFF REPORT, November 16, 2023 PROJECT INFORMATION Applicant Levi Shay Representative Brandon Pino Date of Application October 5, 2023 Requested Action Approval of a special use permit to allow for commercial cannabis cultivation, manufacturing and production. Location 2800 Inland Street Existing Land Use Recreational Cannabis Sales Existing Zoning Industrial 2040 Future Land Use Industrial Designation Surrounding Zoning & North: I: Industrial Land Use South: I: Industrial East: I: Industrial West: I: Industrial Notice Requirements Publication of Notice: October 30, 2023, Farmington Daily Times Property owners letter: October 30, 2023 Sign posted: November 6, 2023 Staff Planner Joaquin Gonzalez, Associate Planner STAFF ANALYSIS Background The applicant is requesting a Special Use Permit (SUP) to allow for commercial cannabis cultivation, manufacturing and production at 2800 Inland St. The applicant currently operates as a vertically integrated cannabis company outside of City limits that has been in business in San Juan County for almost 2 years. The subject property is located on approximately a 1.71 acre parcel and is zoned Industrial. The building they will utilize is a 9,000 square foot storage warehouse. 81  City of Farmington SUP 23-87 2800 Inland Street Zoning Map 82  City of Farmington SUP 23-87 2800 Inland Street Aerial Map 83  City of Farmington SUP 23-87 2800 Inland Street Area View 84  City of Farmington SUP 23-87 2800 Inland Street Street View 85  City of Farmington SUP 23-87 2800 Inland Street Floor Plan 86  City of Farmington SUP 23-87 2800 Inland Street 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 industrial and the commercial cultivation manufacturing and production will be carried out indoors and meet the New Mexico Cannabis Control Division requirements. There will be security cameras and an alarm system put in place. A chain link fence runs along the perimeter of the property. Hours of operation will consist of Monday – Thursday 10 am – 6 pm Friday – Sunday 10 am – 7pm. 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 9,000 square feet in size. No exterior modifications are planned for the storage warehouse. 10 employees will be on-site. According to the petitioners standard of operations all products will be currently picked up on site. 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. According to the petitioner all current ventilation (meets the NMCCD requirements) and will 87  City of Farmington SUP 23-87 2800 Inland Street stay the same and no additional odor mitigation will be required. Staff does not anticipate any negative impacts on the existing uses in the area. 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 facility will not have a negative impact on existing infrastructure and services. The subject property has access from La Plata Highway which is classified as a major arterial by the City’s Major Thoroughfare Plan. The subject property will have ample space for parking for the proposed use that will be 8 parking spaces in accordance to section 5.2.11 Parking Design Standards. The City will work with the petitioner to ensure the facility has sufficient water and sewer systems. According to the petitioner all products will be disposed of according to state regulations making it unrecognizable and unusable (leafs, stems). 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. 2.4.69 & 2.4.71, specifically: • The proposed location is zoned Industrial, commercial cannabis cultivation, manufacturing and production are 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 not within 300’ feet of any school, religious institution, registered daycare center, dispensary, residence or another cannabis facility site. The 2040 Future Land Use Plan designates area as Industrial. The proposed sales, manufacturing, and cultivation of cannabis conforms to the manufacturing and processing aspects of the Industrial designation. 88  City of Farmington SUP 23-87 2800 Inland Street 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 approximately a 1.71 acre parcel. The 9,000 square foot storage building is expected to be 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 floor plan meets the standards of Section 8.5 and includes the building layout. PUBLIC INPUT Letters were sent to six surrounding neighbors and the property was posted with a sign. At the time of this report no public input has been received. STAFF CONCLUSION Compliance: The proposed use complies with the Unified Development Code SUP criteria outlined in 8.9.4, Cannabis, manufacturing and production 2.4.69 and Cannabis, commercial cultivation standards 2.4.71. Consistency: The proposed use is consistent with the 2040 Land Use Plan designation of Industrial. 89  City of Farmington SUP 23-87 2800 Inland Street Compatibility: The proposed commercial cannabis cultivation, manufacturing and production uses are appropriate and compatible with the surrounding industrial and commercial uses. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition SUP 23-87, a request from Levi Shay, represented by Brandon Pino, for a commercial cannabis cultivation, manufacturing and production facility at 2800 Inland Street in the Industrial zoning district with the following conditions of approval: 1. State license shall be obtained. 2. A building division/fire division inspection shall be required. 3. A building permit shall be required for any interior modifications. 4. Petitioner shall have surface markings for the required 8 parking spaces per the UDC requirements of section 5.2.11 Parking Design Standards. 5. The SUP shall be effective for five years, at which time the applicant can renew. 90  City of Farmington SUP 23-87 2800 Inland Street 91  City of Farmington SUP 23-87 2800 Inland Street 92  City of Farmington SUP 23-87 2800 Inland Street 93  City of Farmington SUP 23-87 2800 Inland Street 94  City of Farmington SUP 23-87 2800 Inland Street 95 96  COMMUNITY WORKS STAFF REPORT Petition CV 23-89: 1050 E Murray Drive Cannabis 300-foot Distance Requirement Waiver STAFF REPORT, October 30, 2023 PROJECT INFORMATION Applicant Jason Valdez, Tenant and business owner Representative N/A Date of Application October 10, 2023 The petitioner is requesting a waiver from the City’s 300-foot distance Requested Action requirement from residential uses. Location 1050 E. Murray Drive Existing Land Use Vacant Commercial Building The 2040 Future Land Use Plan designates area as Commercial 2040 Future Land Use Mixed Use. The proposed cultivation of cannabis conforms to the Designation Commercial Mixed Use designation. Existing Zoning GC: General Commercial North: Multi-Family: Low Density, SMHA Surrounding Zoning & South: General Commercial Land Use East: General Commercial West: General Commercial Publication of Notice: November 1, 2023, Farmington Daily Times Notice Requirements Property owners letter: November 6, 2023 Sign posted: November 6, 2023 Staff Planner Mike Safrany, Senior Planner 97 1050 E Murray Drive - CV 23-89 Staff Report STAFF ANALYSIS Background The petitioner is requesting a waiver from the City’s 300-foot distance requirement from residential uses. There are 27 residential uses within 300 feet of the subject property excluding any right-of-ways. Ten of these units are non-conforming and are in the General Commercial district. Other surrounding residential properties within 300 feet are zoned Multi-family low and medium density, some include a Special Mobile Home Area Overlay. The 0.22 acre parcel has an existing 1,952 square foot building built in 1961, which was originally built as a laundromat. The applicant is proposing to use the property for commercial cannabis retail. Per UDC Section 2.4.67.B, this use is permitted in the General Commercial zoning district. However, UDC Section 2.4.67.C requires such use be 300 feet from any residential use. Proposed retail hours are from 8am to 5pm daily. The applicant is licensed as a full cannabis producer and proposes to grow up to 1,000 plants at any given time. Floor Plan 98 1050 E Murray Drive - CV 23-89 Staff Report Zoning Map 99 1050 E Murray Drive - CV 23-89 Staff Report San Juan County Assessor's Map 100 1050 E Murray Drive - CV 23-89 Staff Report Residential Uses within 300 Feet 101 1050 E Murray Drive - CV 23-89 Staff Report Front Elevation East Elevation From E Murray Drive 102 1050 E Murray Drive - CV 23-89 Staff Report Corner of E Murray Drive and McCormick School Road 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 subject property is located on a Principle Arterial street with heavy commercial zoning along the north and south sides of the street. There are however six non-conforming residences along E Murray drive within 300 feet of the subject property that are zoned General Commercial. There are an additional twenty residential properties within 300 feet zoned multi-family or with a Special Mobile Home Area Overlay. This criterion IS NOT met. 103 1050 E Murray Drive - CV 23-89 Staff Report 2. That a literal interpretation of the provisions of the Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Code. A literal interpretation of the code would prohibit a retail cannabis facility from being located at 1050 E Murray Drive despite the surrounding area being properly zoned Industrial and General Commercial uses. 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 approval of this variance would place a cannabis retail business within 300 feet of over two dozen residential properties. Although five residential properties are south of Murray Drive which provides a buffer between these residences and the proposed business, there is a school crosswalk directly in front of the site in the path of where children must pass by to attend McCormick Elementary School one quarter mile to the north. This is not a minor easing of the code. This criterion IS NOT met. 4. That the granting of the variance is in harmony with the general interest, the general purpose and intent of the Code, and is not injurious to the neighborhood or otherwise detrimental to the public welfare. Although there are a wide variety of commercial and industrial uses along E Murray Drive, the proposed use will be carried out within 300 feet of many residential properties and is not in harmony with the general interest of the neighborhood. This criterion IS NOT met. 5. That the proposed variance will not permit a use not otherwise allowed in the underlying district. The granting of this variance will not allow any other prohibited uses in the GC: General Commercial District. This criterion IS met. 6. That no nonconforming use of neighboring lands, structures or buildings in the same district and no permitted use of lands, structures or buildings in other districts has been or shall be considered grounds for the issuance of a variance. No nonconforming uses, structures or buildings in the same district have been considered as grounds for this variance request. This criterion IS met. 7. That the applicant would suffer an unnecessary hardship if the variance requested were denied. 104 1050 E Murray Drive - CV 23-89 Staff Report If the variance were to be denied, the applicant would be prevented from opening a cannabis retail facility at the location. This would hinder employment opportunities and the building would remain vacant. These hardships however are not unnecessary as the 300- foot distance requirement is a necessary regulation to protect local residential neighborhoods. This criterion IS NOT met. PUBLIC INPUT This petition was properly noticed. Letters were sent to twelve surrounding neighbors within 100 feet. Legal notice was published 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 This building meets all requirements for adult cannabis sales except for 300 feet from residential homes and this is a new rule. There are currently other dispensaries operating within 300 feet of residences. STAFF CONCLUSION • The proposed use does not meet the variance criteria outlined in UDC Sec. 8.12.4. Four of the seven required variance criteria were not met. • The proposed use is not in harmony with the surrounding residential neighborhood and is not a minor easing of the Unified Development Code. • The proposed use is consistent with the 2040 Comprehensive Plan and compatible with the Future Land Use Plan designation of Commercial Mixed Use. STAFF RECOMMENDATION The Community Works Department recommends denial of Petition CV 23-89, a request from Jason Valdez, for a waiver from the City’s 300-foot distance requirement from a residential use at 1050 E Murray Drive, in the General Commercial district. 105 1050 E Murray Drive - CV 23-89 Staff Report 106 1050 E Murray Drive - CV 23-89 Staff Report 107 1050 E Murray Drive - CV 23-89 Staff Report 108 1717 Schofield Lane SUP 23-56 Staff Report 109 1050 E Murray Drive - CV 23-89 Staff Report 110 1050 E Murray Drive - CV 23-89 Staff Report Properties within 100 feet NAME ADDRESS CITY STATE ZIP Cynthia Gallagher 1118 E Murray Dr. Farmington, NM 87401 Ronald E Harris 1109 Griffin Ave. Farmington, NM 87401 Fred and Pauline Martinez 401 E Hopi St Farmington, NM 87401 Amanda and Vitzthum Pitchford 1125 Oak St. Farmington, NM 87401 Isaac Padilla Et Al Trust 5885 Penny Ln. Flora Vista, NM 87415 Endearing Futures Investments LLC PO Box 1193 Farmington, NM 87499 Javier Holguin Et Al PO Box 733 Farmington, NM 87499 Doug and Carol Farley 546 Road 125 Hesperus, CO 81326 Elbert & Nila Hamblin Trust 1380 NM 170 La Plata, NM 87418-9604 Roberto Gonzales and John Curry 911 W Broadway Ave. Farmington, NM 87401 David Valdez 1320 Bramble Ave. Farmington, NM 87401 Lhorn Li Bpac Ventures LLC PO Box 321087 Los Gatos, CA 95032 111