Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive April 11, 2024 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the March 28, 2024 P&Z Meeting 4 SUP 24-19 – A request from Charlie Armenta, property tenant, for a special use permit for commercial cannabis cultivation at 5424 US-64. The subject property is 5.78 acres within an Industrial zoning District and the existing building lies approximately 888 feet north off Hwy 64. Due to the flagpole property bordering Hwy-64, a variance is included with this petition of the 300-foot distance requirement from the residences south of Hwy-64. Presented by Senior Planner Safrany (Pg. 23) 5 Presentation – Quasi-Judicial Procedure 6 Business From Floor: Chairman: Members: Staff: 7 Adjournment Petition items on this agenda will be scheduled for the next City Council meeting – April 23, 2024 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 March 28, 2024 The Planning & Zoning Commission met in a regular session on March 28, 2024 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. P&Z Members Present: Chair Clint Freeman Vice Chair Ryan Brown Cheryl Ragsdale Amber Hodge Cody Waldroup P&Z Members Absent Shay Davis Gary Hanson Clete Berens Staff Present: Colby Gibson David Sypher Isaac BlueEyes Derrick Childers Tami Spencer Others Who Addressed the Commission None Call to Order Chair Freeman called the meeting to order at 3:00 p.m. Approval of the Agenda A motion was made by Commissioner Waldroup and seconded by Commissioner Ragsdale to approve the agenda of the March 28 2024 Planning & Zoning Commission meeting. This motion passed unanimously by a 5-0 vote. Approval of the Minutes A motion was made by Vice Chair Brown and seconded by Commissioner Waldroup to approve the minutes of the March 14, 2024 Planning & Zoning Commission meeting. This motion passed unanimously by a 5-0 vote. 1 2 3 4 5 6 7 8 9 Updated Draft Version Section 6.4.6 10 11 12 Updated Draft Version Section 6.8 13 14 15 16 17 18 19 20  Discussion The Commission and staff discussed the different proposed changes to Section 6.4.6 Subdivision Access and Section 6.8 Subdivision Improvements. Mr. Gibson noted that there was discussion regarding sidewalks. Chief Building Official Childers explained that it is difficult to put a timeline on installing sidewalks. If you construct them too soon they could get damaged. If they get damaged and the city has to take over liability for them. We do not want to maintain failing sidewalks. 21 The UDC Committee did address the construction of sidewalks abutting parks or unbuildable lots, those sidewalks will be built during the subdivision standard. Community Works Director Sypher wanted to make a few comments. The UDC Committee has brought to light several good points and have made some good improvements to the UDC. He also explained the different types of financial assurances that may be obtained by the developer. Mr. Sypher added that the improvements agreement is still be reviewed and when that is ready along with other updates it will be presented to the Planning & Zoning Commission and then City Council. With no further discussion needed, Chair Freeman called for a motion. Motion A motion was made by Commissioner Waldroup and seconded by Commissioner Ragsdale to Approve the UDC changes as recommended by staff. AYE: Chair Freeman, Vice Chair Brown, Commissioner Ragsdale, Commissioner Hodge and Commissioner Waldroup NAY: None ABSTAIN: None ABSENT: Commissioner Hanson, Commissioner Berens and Commissioner Davis 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: Planning Manager Gibson informed the Commission that City Council unanimously approved the denial for the ZC 24-10 petition. He also noted that City Council did not discuss aligning the cannabis ordnance with the alcohol ordinance, or allowing cannabis sales in the Local Neighborhood Commercial (LNC) zoning districts. During the meeting, the Planning & Zoning Commission unanimously consented to directing staff to discuss these issues, with specific direction to look into consider allowing cannabis sales in LNC zoning with a SUP as well as treating cannabis sales similarly to alcohol sales. Adjournment: With no further business, a motion to adjourn was made by Commissioner Waldroup and seconded by Commissioner Hodge The motion carried unanimously 5-0 and the meeting was adjourned at 3:41 p.m. _______________________________ _________________________________ Clint Freeman Tami Spencer Chair Administrative Assistant 22  COMMUNITY WORKS STAFF REPORT Petition SUP 24-19 5424 US HWY-64 SUP for Cannabis Commercial Cultivation STAFF REPORT, March 22, 2024 PROJECT INFORMATION Applicant Charlie Armenta Representative Tyler Bennion Date of Application March 5, 2024 Requested Action Approval of a Special Use Permit to allow for cannabis commercial cultivation. Location 5424 US-64 Existing Land Use Industrial Use Existing Zoning IND: Industrial 2040 Future Land Use The 2040 Future Land Use Plan designates area as Industrial. The Designation proposed cultivation of cannabis conforms to the small-scale, light industrial designation. Surrounding Zoning & North: I:Industrial Land Use South: County Property, not zoned. Residential Uses East: I: Industrial West: I: Industrial Notice Requirements Publication of Notice: Wednesday March 27, 2024, Farmington Daily Times. Property owners letter: Monday April 1, 2024 Sign posted: Monday April 1, 2024 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 5424 US-64. The petitioner is considering leasing the property, contingent on the SUP approval. The petitioner intends to only have indoor cultivation. The 5.78 acre parcel has one existing building; a 17,000 square foot storage warehouse surrounded by an eight foot high chain link fence surrounding the property. 23  City of Farmington SUP 24-19 5424 US Hwy 64 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 also requesting a waiver from the City’s 300-foot distance requirement from residential uses located south of US Hwy 64. This distance is measured property line to property line and excludes Right of Way. There is a 50 foot wide section of the property that stretches approximately 700 feet and abuts US Hwy 64 to the south. No other protected uses are within 300 feet of the subject property. Proposed retail hours are from 7am to 7pm Monday through Sunday. The applicant is licensed as a full cannabis producer and proposes to grow up to 450 plants at any given time. The business will adhere to all state and local regulations governing the cultivation and sale of recreational marijuana. The process will create two full-time jobs in cultivation, processing, administration and security. Zoning Map 24  City of Farmington SUP 24-19 5424 US Hwy 64 San Juan County Assessor's Map 25  City of Farmington SUP 24-19 5424 US Hwy 64 Aerial View of Site 26  City of Farmington SUP 24-19 5424 US Hwy 64 Southeast Elevation 27  City of Farmington SUP 24-19 5424 US Hwy 64 Northeast Elevation 28  City of Farmington SUP 24-19 5424 US Hwy 64 View North Towards Site 29  City of Farmington SUP 24-19 5424 US Hwy 64 View South Across US Hwy-64 30  City of Farmington SUP 24-19 5424 US Hwy 64 Floor Plan 31  City of Farmington SUP 24-19 5424 US Hwy 64 Cannabis Map 32  City of Farmington SUP 24-19 5424 US Hwy 64 Unified Development Code (UDC) UDC 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: General Commercial, PIP: Planned Industrial Park and I: Industrial 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, registered daycare center, residential use, cannabis dispensary, or from another commercial cultivation site. Distance is measured by a straight line from the closest property line of the retail business to the closest property line of a religious institution, school, registered daycare, residential use, dispensary or other commercial cultivation site. 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. D. Any person aggrieved by a decision of the city council may appeal to the district court in writing within 30 days. 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 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 17,000 square feet in size. Only employees will be 33  City of Farmington SUP 24-19 5424 US Hwy 64 on-site with scheduled deliveries off site. The product will be securely transported from 5424 US Hwy 64 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. The grow areas will be climate-controlled for different growth stages. High pressure sodium lights will be used for optimal plant growth and recycling water will reduce waste. 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 US Hwy 64 which is classified as a principal 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 Industrial, 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 two residential properties. The petitioner is requesting a waiver of the 300' distance requirement. The 2040 Future Land Use Plan designates area as Industrial. The proposed commercial cultivation of cannabis conforms to the manufacturing aspect of the Industrial designation. F. Parcel size: The proposed use may be required to have additional land area, in excess of the minimum lot area otherwise required by the underlying zoning district, as necessary to ensure adequate mitigation of impacts on surrounding land uses and the zoning district. The subject property is 5.78-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. 34  City of Farmington SUP 24-19 5424 US Hwy 64 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 property is a flag lot with a 50 foot strip of undevelopable property that stretches 700 feet to US Hwy-64. The physical building of the subject property is over 1300 linear feet away from the nearest residence in the area. 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. The petitioner has met every requirement of the UDC with the exception of the distance requirement to two residential uses due to the flag pole shape of the property. A literal interpretation of the code would prohibit a retail cannabis facility from being located at 5424 US Hwy-64 despite the substantial distance from US Hwy-64. This criterion IS met. 35  City of Farmington SUP 24-19 5424 US Hwy 64 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 use will be carried out indoors and should not have a negative impact on the surrounding neighborhood. US Hwy-64 is a six lane highway with a right of way of 200 feet that provides an additional buffer between the subject property and the nearest residences. 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 industrial uses. The applicant proposes using a filtering system to reduce or eliminate any potential odor. 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 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. If the variance were to be denied, the applicant would be prevented from opening a commercial cannabis cultivation facility at this industrial property despite a distance of over 1300 feet from the nearest residence and US Hwy-64 buffered between the properties. This criterion IS met. 36  City of Farmington SUP 24-19 5424 US Hwy 64 PUBLIC INPUT Letters were sent to 10 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 CLM Properties Inc. 3555 E Main St. Ste. A Farmington, NM 87402 S and G Oilfield Service Inc. PO Box 3203 Farmington, NM 87499 Brandt Prospecting LLC 1313 E Navajo St. Farmington, NM 87401 Leonard C Jones PO Box 2495 Farmington, NM 87499 Dianne Tefteller 1404 N Laguna Ave. Farmington, NM 87401 Tefteller Inc. PO Box 1198 Farmington, NM 87499 Carl and Donna Rhames 5615 US 64 Farmington, NM 87401 Cecil and Dorothy Daniel Trust 5418 US 64 Farmington, NM 87401 Hollis Ann Roylene Trust 6 Road 5198 Bloomfield, NM 87413 Ralph and Alice Fenton Trust 4531 Bloomfield Hwy Farmington, NM 87401 STAFF CONCLUSION The subject property seems to be an appropriate location for a cannabis cultivation facility. The surrounding uses are industrial. The use is consistent with the 2040 Land Use Plan designation of industrial. The application meets the criteria for approval of a Special Use permit with a 300 foot distance waiver from two residential uses. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition SUP 24-19, a request from Charlie Armenta, for a cannabis cultivation facility at 5424 US Hwy-64 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. One ADA van accessible parking space must be provided. 6. The SUP shall be effective for five years, at which time the applicant can renew. 37  City of Farmington SUP 24-19 5424 US Hwy 64 38  City of Farmington SUP 24-19 5424 US Hwy 64 39  City of Farmington SUP 24-19 5424 US Hwy 64 40  City of Farmington SUP 24-19 5424 US Hwy 64 41  City of Farmington SUP 24-19 5424 US Hwy 64 42  City of Farmington SUP 24-19 5424 US Hwy 64 43  City of Farmington SUP 24-19 5424 US Hwy 64 44  City of Farmington SUP 24-19 5424 US Hwy 64 45  City of Farmington SUP 24-19 5424 US Hwy 64 46  PLANNING & ZONING COMMISSION - QUASI-JUDICIAL PROCESS OUTLINE I. Definition of the Item to be Discussed a. The issue to be decided at this public meeting is {insert the description of issue here}. II. Introduction a. This item will be heard in a quasi-judicial procedure. The following procedures apply: i. Parties to the matter will be identified; ii. All persons offering testimony will be sworn in by the secretary; iii. The applicant, Affected parties offering testimony, and city staff will be subject to cross-examination. iv. Testimony will be limited to the relevant matter being heard. III. Identification of the Parties a. For the purpose of this meeting, parties are defined as: i. Applicant: Parties making the request. ii. City staff: Presenting a recommendation to the Board at the meeting. iii. Affected parties: Parties owning property within 100-feet of subject property. iv. Interested parties: Parties having an interest in the outcome of this subject matter whom do not own property within 100 feet of subject property. IV. Swearing in of the Parties a. All parties wishing to speak regarding the subject matter are sworn in by the secretary. V. Staff Presentation a. Staff makes the presentation and recommendation to the Commission. b. Commission members question staff. c. Applicant and Affected parties may cross-examine staff. VI. Applicant Presentation a. Applicant presentation. b. Commission members question the applicant. c. Staff and any Affected parties may cross-examine the applicant VII. Presentation by Affected Parties a. Party states name and address of residence. b. Party makes his/her presentation. c. Commission members question the Affected party. d. Staff and Applicant may cross examine the Affected party. VIII. Presentation by Interested Parties a. Party states name and address of residence. b. Party makes his/her statement (not subject to cross-examination). IX. Planning & Zoning Commission Action a. Commission closes the public portion of the hearing. b. Commission holds discussion of the matter. c. Commission member makes a motion. d. The motion is either seconded or fails. If motion fails, a new motion is made. e. Commission members take a vote. f. The motion passes or fails (must be a super majority vote). g. Commission states reasons for approval or denial regardless of the voting outcome. 47