Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive April 25, 2024 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the April 11, 2024 P&Z Meeting 4 Petition SUP 24-21 – A request for a Special Use Permit to allow for keeping of two horses on a residential property located at 5700 Rinconada St. Presented by Planning Manager Gibson (Pg 19) 5 Petition ZC 24-22 – A request for a Zone Change from Local Neighborhood Commercial to Mixed Use and a Special Use Permit to allow for a Body Art Establishment located at 1407 E. 20th St. Presented by Planning Manager Gibson (Pg 31) 6 Petition SUP 24-23 – A request for a Special Use Permit to allow for a day care center located at 2012 Huntzinger Avenue. Presented by Planning Manager Gibson (Pg 47) 7 Business From Floor: Chairman: Members: Staff: 8 Adjournment Petition items on this agenda will be scheduled for the next City Council meeting – May 14, 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 April 11, 2024 The Planning & Zoning Commission met in a regular session on April 11, 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 Cody Waldroup Gary Hanson Clete Berens Shay Davis P&Z Members Absent Amber Hodge Staff Present: Colby Gibson Mike Safrany Tami Spencer Others Who Addressed the Commission Charlie Armenta Tyler Bennion Dianne Tefteller Ralph Fenton Alice Fenton 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 April 11, 2024 Planning & Zoning Commission meeting with item number 5, the Quasi-Judicial Presentation tabled to a later meeting. This motion passed unanimously by a 7-0 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 28, 2024 Planning & Zoning Commission meeting. This motion passed unanimously by a 7-0 vote. SUP 24-19 – A request a Special Use Permit for commercial cannabis cultivation located at 5424 US-64, Parcel No. R6002639 1  Petition Information Petitioner: Charlie Armenta Location: 5424 US Hwy-64 Zoning: IND: Industrial District Request: SUP to allow for commercial cannabis cultivation. A variance to allow a commercial cannabis cultivation use within 300 feet of a residential use. Applicable Code: UDC, Section 2.4.71.C: Such uses shall not be permitted within 300 feet of any residential use. Zoning Map 2 SJ County Assessor’s Map Aerial View of Site 3  Proposed Floor Plan 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 • The business will be open 7 days a week from 7am to 7pm • The applicant is licensed as a full cannabis producer and proposes to grow up to 450 plants at any given time • Cultivate high-grade products that exceed industry standards • Applicant is also seeking a waiver of the 300-foot distance requirement to two residential uses. 4  Cannabis Map Southeast Elevation 5  Northeast Elevation View North Towards Site 6  View South across US Hwy-64 UDC 8.9.4 – SUP Criteria A. Effect on Environment: The surrounding uses are industrial and 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. 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. A carbon filter system will be installed in order to minimize any potential odor from the cultivation process. D. Infrastructure impacts minimized: The facility has existing utilities available. There is ample parking available and there is a chain link fencing surrounding the property. Staff recommends one ADA van accessible parking space be provided. E. Consistent with the UDC and Comprehensive Plan: Industrial: The proposed commercial cultivation of cannabis conforms to the manufacturing aspect of the Industrial designation. 7  F. Parcel Size: The subject property is 5.78 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, one letter of opposition has been received from an affected party within 100 feet. Variance Criteria 1 That special conditions and circumstances exist, which are peculiar to the land, that 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. 8 Variance Criteria 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. This criterion IS met. Variance Criteria 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 . This criterion IS met. Variance Criteria 4 That the granting of the variance is in harmony with the general interest and intent of the Code, 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. Variance Criteria 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 a use that is not otherwise allowed in the GC: General Commercial District. This criterion IS met. 9 Variance Criteria 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. Variance Criteria 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. Public Input 10  Conclusion The Community Works Department concludes that approval of SUP 24-19, is appropriate. The subject property is 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. 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. Discussion The Commission Asked Staff: 1. How far is the edge of this property to the nearest residence? Staff Replied: 1. From the edge of the property to the nearest residence is 1,185 feet. Petitioner Charlie Armenta, 917 Loma Linda Ave., Farmington NM Mr. Armenta stated the business used to be Bearcat Drilling and it has been vacant since 2014. He also stated that he works for ConocoPhillips and is gone every other week. He does not want to cause any problems, he does not want people traveling up and down the road and only wants his staff to be onsite. Petitioner Representative, Tyler Bennion, 2414 Thomas Ave. Durango CO Mr. Bennion stated that he would be managing the setup and the grow. They will be starting the first grow with approximately 450 plants. Everything will be organic and they will use beneficial insects for pest control, there will be no pesticides in use. The Commission Asked Mr. Bennion: 1. What will the water usage be? 11  2. What can you tell us about distribution? 3. Will you have customers coming to pick stuff up from your location? 4. Tell us about your security system. 5. What about ventilation? 6. We have received a letter from a concerned citizen inquiring about the amount of cash that will be on hand. 7. You say that you will have 450 plants to start. Is that your max size? 8. How will you keep the smell from seeping out through the cracks? 9. Have you managed other grow facilities? 10. How many employees do you plan on having? 11. Do you plan on having retail out of this location? Mr. Bennion Replied: 1. With 450 plants, the water usage will be 500 gallons per day. It will be city water. There will be very little water waste, if there is run off it will be pumped into another reservoir and used to compost or to water vegetables that will be grown on site. 2. Our main distributor will be Elevated, which is a dispensary here if Farmington. 3. They will be delivering or shipping out, no one will pick up at this location. The only people that should be there are employees. 4. There will be 24 live feed cameras that will have 24 hour surveillance. The fence is 8ft. with barbed wire along the top. They will be making the entrance a double gate for added security. 5. They will be utilizing a carbon filter system. 6. There will be a Zircon safety system in the building that we will be using for storing product and there will be a safe inside of the Zircon to keep the cash secure. 7. That is the max size as of now. If everything works out to our potential we plan on expanding to one more flower room. 8. The inside will be sealed, we don’t want any light leaks they want to have complete control. 9. Yes, he consulted with Sugar Skunk Farms in Aztec. In Colorado he managed Rocky Mountain High. He also managed growing 17 acres of hemp. 10. At first there will be three, when it comes to harvest and trimming. There will be a few more and hiring a transport. 11. No, if they go into retail sales, it would be at a different location. Cross-Examination of Petitioner’s Representative Tyler Bennion by Ralph & Alice Fenton: 1. Why do we need another a grow facility here in Farmington? 2. Will there be any grown outside, will there be pesticides used? Mr. Bennion Replied: 1. Mr. Bennion replied that it will bring some jobs a more revenue. The amount that is grown does not meet the need, so they need more legal cultivators. 2. All the plants will be grown inside and there will be no pesticides. They will be using beneficial insects for pest control. Affected Parties Dianne Tefteller, 1404 N. Laguna Ave., Farmington NM 12 Ms. Tefteller stated that she is the owner of Tefteller Inc. This is a woman operated business and she has put in many security provisions to help keep her staff safe. Ms. Tefteller is worried about the safety of her staff and the safety of the other businesses around her. Ms. Tefteller’s Letter of Opposition 13 The Commission called Petitioner Charlie Armenta and Petitioner Representative back to the podium: The Commission Asked Mr. Armenta and Mr. Bennion: 1. What does the daily process look like, how many people can be expected to travel down this road in a day? 2. Where will the extra gate be added? 3. What hours will the employees be working? 4. Are you planning on doing any extraction? 5. You mentioned that employees will have badges, will that monitor the comings and goings of your employees? 6. How often will you be making deliveries? 14 Petitioner Armenta Replied: 1. The last thing he wants is people wondering around, he added the least amount of traffic the better. There will be no signage on the building. They won’t be advertising that there that is a grow facility located there. There will be 24 hour monitored surveillance on the property and inside of the building. Any employees will have to go through finger printing and a background check before they can be hired. 2. The extra gate will be added at the entrance to the property, off the dirt road. There will be two gates to go through before you can enter onto the property. 3. Mr. Bennion replied that it all depends on what stage of the grow they are in. When it comes to harvesting and trimming there will be longer days and a few more employees. The cap of employees will be around 8 – 10 and they could be working up to 12 hours a day. He also added that they want to be responsible business owners and not cause anyone any problems. 4. There will be no extraction at this location, if extraction is needed, they will be using an extraction lab here in New Mexico. 5. No the badges are state issued employee badges only. The only people that will be allowed on the property are badged employees. 6. They are not sure yet. They will know more after their first harvest. With no further public input, Chair Freeman closed the public portion of the meeting The Commission called staff back to the podium to answer the question: if there are any problems what can be done? Mr. Safrany Replied: If there are any infractions, Code Enforcement is called to address the infractions, if there are multiple infractions the SUP can be revoked. The SUP will expire after five years, at this point if any infractions have not been taken care of the SUP would not be reinstated. The Commission asked staff if they have any knowledge of any break in’s, robberies that have occurred at any of these facilities in the past? Mr. Gibson replied: To staff’s knowledge there has been one break in/robbery since cannabis in the last two years. With no further discussion needed, Chair Freeman called for a motion. Motion A motion was made by Commissioner Davis and seconded by Commissioner Waldroup to Approve Petition SUP 24-19 with the following conditions as recommended by staff. 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. 15  AYE: Chair Freeman, Vice Chair Brown, Commissioner Ragsdale, Commissioner Hanson, Commissioner Waldroup, Commissioner Davis and Commissioner Berens NAY: None ABSTAIN: None ABSENT: Commissioner Hodge APPROVED 7-0 Roll Call Commissioner Hanson voted aye because the area is very industrial and the SUP for this area seems to be appropriate. Commissioner Ragsdale voted aye because they presented and answered all the questions that were asked. This is an appropriate location for them. Chair Freeman voted aye because all the condition for the SUP and the variance. It’s is a ways away from the residences and it is conducive to the neighborhood. Vice Chair Brown voted aye because he feels the proximity of the building far exceeds the 300 foot distance requirement. He also feels that industry is highly regulated and any issues would be investigated by the city of the state. He wants to keep the cultivation in our community instead of outsourcing it and selling to our local retailers. Commissioner Waldroup voted aye because the industrial area is the perfect location and the residents are not close by. Commissioner Davis voted aye because he agrees with the Commission, and he likes the fact that this facility is appropriately placed in an industrial area. He also likes the presidents that the Commission is setting. Commissioner Berens voted aye because he agrees with the other commission members. 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 16 Business from Staff: Planning Manager Gibson informed the Commission that he brought up two issues regarding the cannabis ordinance that the Commission has tasked him with at the last P&Z meeting. The Commission wanted Mr. Gibson to inquire about having cannabis sales in the Local Neighborhood Commercial (LNC) and aligning the cannabis sales in a similar fashion to alcohol sales. There were two discussions. 1) Discussion with the City Attorney and she did not support cannabis sales in LNC because City Council chose where cannabis sales would be allowed. And 2) she believes that there is a substantial issue with the 300 foot distance requirement and where LNC zoning exists throughout the city, they would need a waiver from that every time. Mr. Gibson also met with City Manager Mayes, and Mr. Mayes felt that this was an important matter to make the Council and Mayor aware of the request. Adjournment: With no further business, a motion to adjourn was made by Commissioner Waldroup and seconded by Commissioner Berens The motion carried unanimously 7-0 and the meeting was adjourned at 4:07 p.m. _______________________________ _________________________________ Clint Freeman Tami Spencer Chair Administrative Assistant 17 18  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-21 - 5700 RINCONADA ST - KEEPING OF TWO HORSES PROJECT INFORMATION Applicant Daniel Clugston, property owner Representative N/A Date of Application March 11, 2024 A request for a Special Use Permit to allow for the keeping of Requested Action two horses. Location 5700 Rinconada ST Farmington NM 87402 Legal Description Lot 57 Of Sec 19 30 12 Bk.1074 Pg.698 Existing Land Use Single-family low density residential Existing Zoning Residential Estate-2 Future Land Use Low Density Residential Designation North: Residential Estate-2; Residential uses. Surrounding South: Residential Estate-2; Residential use. Zoning & Land Use East: Residential Estate-2; Residential uses. West: Residential Estate-2; Residential uses. Publication of Notice: April 8, 2024 Farmington Daily Times Notice Property owners’ letter: April 8, 2024 Requirements Sign posted: April 15, 2024 Staff Planner Colby Gibson, Planning Manager 19  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-21 5700 RINCONADA ST. Background: The San Juan County Assessor shows the property as 2.47 acres in size with one 2,084 square- foot residence built in 1978. An existing corral and stall have been on the property for an undetermined period of time. Request: The petitioner is requesting a Special Use Permit to allow for keeping of two horses. The property appears to have been used to house horses in the past. Per the Unified Development Code (UDC), Section 2.4.7, the keeping of horses in any zoning district outside of Rural Agricultural requires a special use permit. 20  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-21 5700 RINCONADA ST. ZONING: Residential Estate-2 21 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-21 5700 RINCONADA ST. Aerial View 22  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-21 5700 RINCONADA ST. UDC SEC. 8.9 – SPECIAL USE PERMITS o 8.9.1 Purpose: Allows for City Council discretionary approval of uses with unique or widely varying operating characteristics, neighborhood compatibility uses, or unusual site development features, subject to the terms and conditions set forth in this UDC. o 8.9.2 Applicability: Special Use Permits may or not be appropriate in a given zone district depending upon the nature and compatibility of surrounding uses, and mitigating site- specific conditions or requirements. Such uses require individual review of their location, design, configuration, density, and intensity, in order to determine whether or not a use should be allowed; and may require the imposition of additional conditions in order to ensure the appropriateness and compatibility of the use at a particular location. o Special use permit approvals attach to the property and are transferable to subsequent owners. o 8.9.3 Special use application process: The Special Use Permit application process shall be followed per UDC Sec. 8.9.3 o Pursuant to UDC 8.9.3(H) the Special Use Permit may be revoked by this section whenever: o It is determined that a use of property for which a special use permit has been granted is not being conducted within the terms of the special use permit including [section] 8.9.4 special use criteria; that such use has been allowed to accumulate litter or debris, to be a public nuisance, to an attractive nuisance to children, or to attract vagrants, criminals or public intoxication; or is otherwise detrimental to the public health, safety or welfare. o Before the special use has commenced, and it is determined that such special use is not in the public interest; or o The owner of the property affected petitions for revocation. o 8.9.4 Special use review criteria: Special use permits may be approved where it reasonably determines that there will be no significant negative impact upon residents of surrounding property or upon the public. As part of this Special Use Permit application review, staff has considered the following criteria: A. Effect on environment: The proposed two horses on the property is not expected to have any detrimental effects to the health, welfare or safety of the surrounding neighborhood or its occupants. B. Compatible with surrounding area: The surrounding residential properties are low density, with large lot sizes. In fact, the surrounding Residential Estate-2 zoning has a minimum lot size of two acres. The large lot sizes, rolling topography, and natural trees/vegetation provide appropriate distancing and buffering from all but one property in the area. The adjacent property to the west would be the closest property affected by this petition. While the residence is more than 110 feet away, the backyard backs up to existing corral and stall location. C. External impacts mitigated? The petitioner has presented plans to clean the stall and corral every other day, with waste removal from the site on a weekly basis. Due to the proximity of an abutting property to the west, staff recommends the applicant clean the stalls and corral daily to help mitigate odor and deter pests such as flies. Per the applicant and a site visit from staff, storm water drains from the north-west to the south-east away from 23  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-21 5700 RINCONADA ST. neighboring properties. The distance and buffering from surrounding properties help to mitigate negative impacts such as sound, dust and odor. D. Infrastructure impacts minimized There are no infrastructure impacts anticipated. E. Consistent with the UDC and comprehensive plan The applicant meets the standards applicable to keeping horses on the property. The comprehensive plan intends for this area as ‘Low Density Residential’, which is conducive to having animals. F. Parcel size The subject property is 2.47 acres in size. The City utilizes an animal unit capacity table found in UDC Sec 11.1 for determining the appropriate number of livestock animals per acre in the Rural Agricultural (RA) zoning district. Said table requires one acre per horse. While this table is only applicable to the RA district, it is a good rule of thumb for other properties. G. Site plan The applicant has submitted a site plan in conformance with the UDC. o 8.9.5 Additional Conditions: The Planning and Zoning Commission may recommend and the City Council may impose additional reasonable conditions as necessary to carry out the purpose and intent of this UDC and to mitigate adverse effects of the proposed use. o Staff recommends the Commission and City Council impose the following conditions of approval: o A maximum of two horses shall be kept on the property. o Petitioner shall muck the horse stall and corral once per day and relocate animal waste from the subject property once per week at a minimum. o Animal waste while kept on site shall be kept in an enclosed container a minimum of 10 feet away from any abutting property boundary. o 8.9.6 Expiration of Approval: o Special Use Permit approval shall expire after 18 months from the date of approval if construction or operation of the approved use has not commenced. o Time limits of Special Use Permits shall be set through the conditions of approval. The City Council may extend the Special Use Permit for a definitive time period upon written request from the applicant. o Staff recommends this Special Use Permit be permitted for a time period of five (5) years, at which point it can be renewed if so desired. o 8.9.7 Appeals: Any person aggrieved by a decision of the City Council pursuant to this section may appeal to the district court within 30 days of the date of the decision rendered by the City Council. If no appeal is filed in writing within 30 days, the decision shall be considered final. Use Regulations: Unified Development Code – Section 2.4.7 Animals or fowl I. In all residential districts other than residential agricultural (RA) the keeping of animals such as horses requires a Special Use Permit. 24  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-21 5700 RINCONADA ST. Zoning of the subject property is Residential Estate-2, requiring a Special Use Permit. K. Adequate fencing, screening or separation from adjoining premises shall be provided based upon the type, number and size of animals for protection of the animals or fowl; protection of the public; and for control of dust, noise, odors or similar nuisance factors. The applicant is proposing to use an existing corral and stall, which appear to be of adequate size for the two horses. The large lots, rolling terrain and natural vegetation provide sufficient screening and separation from the adjoining properties. L. A drainage narrative, waste management plan and watershed protection plan shall be required to accompany a special use permit for the keeping of animals in all districts. Per the applicant and a site visit from staff, storm water drains from the north-west to the south-east away from neighboring properties. The petitioner has presented plans to clean the stall and corral every other day, with waste removal from the site on a weekly basis. Due to the proximity of an abutting property to the west, staff recommends the applicant clean the stalls and corral daily to help mitigate odor and deter pests such as flies PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to eight (8) surrounding property owners. As of the date of this report, no feedback has been received regarding the petition. STAFF CONCLUSION & RECOMMENDATION Compliance: The proposed use complies with the Unified Development Code Section 8.9.4 Special use review criteria as well as 2.4.7 Animals or fowl. Compatibility: The proposed keeping of two horses is compatible with the surrounding neighborhood and uses. The Community Works Department recommends approval of Petition SUP 24-21, a request from Daniel Clugston, property owner, for a Special Use Permit to allow for the keeping of two horses located at 5700 Rinconada Street with the following conditions of approval: 1. A maximum of two horses shall be kept on the property. 2. Petitioner shall muck the horse stall and corral once per day and relocate animal waste from the subject property once per week at a minimum. 3. Animal waste while on site shall be kept in an enclosed container a minimum of 10 feet away from any abutting property boundary. 4. This Special Use Permit shall be permitted for a time period of five (5) years, at which point it can be renewed by the property owner. 25 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-21 5700 RINCONADA ST. 26  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-21 5700 RINCONADA ST. 55’ x 57’ Existing Corral 15’ x 24’ Existing Three-Sided Stall 27  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-21 5700 RINCONADA ST. Affected Property Owners 28 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-21 5700 RINCONADA ST. 29 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-21 5700 RINCONADA ST. 30  COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-22 1407 E. 20th ST – ZC FROM LNC TO MU PROJECT INFORMATION Applicant Tim Essary Representative N/A Date of Application March 13, 2024 A request for a Zone Change from Local Neighborhood Requested Action Commercial to Mixed Use and Special Use Permit to allow for a body art establishment. Location 1407 E. 20th St Existing Land Use Barber/Beauty Shop Existing Zoning LNC: Local Neighborhood Commercial 2040 Future Land Use Commercial Mixed Use Designation North: Local Neighborhood Commercial; Professional Services Surrounding Zoning & South: Single-Family 7; Single-family residential uses Land Use East: Local Neighborhood Commercial; Coffee Shop West: Local Neighborhood Commercial; Small Local Retail Store Publication of Notice: April 8, 2024 Farmington Daily Times Notice Requirements Property owners’ letter: April 8, 2024 Sign posted: April 15, 2024 Staff Planner Joaquin Gonzalez, Associate Planner Background The petitioner is requesting a Zone Change to Mixed Use to allow for a Body Art Establishment. As part of this Zone Change petition, the applicant is requesting a Special Use Permit and Waiver to the 300-foot distance requirement from a Body Art Establishment to a residential use and a church, as outlined in Section 8-15-3 in the City’s Municipal Code. The proposed Body Art Establishment is zero-feet away from the nearest residential use. Within 300 feet of the subject property are 12 residential lots and 1 church. Body Art Establishments are not permitted within the existing LNC zoning district, triggering the request to Mixed Use (MU). No other protected uses are within 300’ of the subject property. 31  COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-22 1407 E. 20th ST Zoning Local Neighborhood Commercial (LNC) 32 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-22 1407 E. 20th ST Aerial View 33  COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-22 1407 E. 20th ST Area Map Residential Use Professional Services / Small Local Retail Religious Institution 34  COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-22 1407 E. 20th ST Properties within 300-feet 12 Residential Uses and 1 Church 35  COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-22 1407 E. 20th ST STAFF ANALYSIS UNIFIED DEVELOPMENT CODE COMPLIANCE UDC Section 2.4.63 Body Art Establishments (Retail sales and services, entertainment oriented) 2.4.63 Body art establishments. (Retail sales and service, entertainment-oriented). Body art establishment uses in nonresidential structures shall comply with the standards of the Farmington City Code Article 15, body art safe practices, sections 8-15-1 through 8-15-6. City of Farmington Municipal Code Sec. 8-15-3. - Prohibition. (a) No body art establishment shall be located within 300 feet of a private or public elementary school, secondary school or high school; church; or residence, unless waived by the city council. The distance of 300 feet shall be measured on a straight line from the closest boundary line of the body art establishment to the closest boundary line of a prohibited area referenced in this subparagraph. (b) Body art will not be allowed at any physical location other than a permanent licensed body art establishment. UDC Section 8.7 Zoning Map Amendment (rezoning) 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 2040 Future Land Use Plan designates this area as Commercial Mixed Use, intended to be along minor arterials and supports horizontal mixed use and community parks (large parcels redeveloped with smaller format retail and multifamily density residential). Mixed Use zoning is permitted within the Commercial Mixed Use designation. 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? Through a detailed analysis of the permitted uses comparing LNC and MU, staff has determined that the change to MU is compatible with the surrounding area. Comparing the permitted use table of UDC Sec. 2.3 staff found the two zoning districts shared 65 of the same uses. 20 uses are permitted in MU, not otherwise allowed in LNC which consist largely of residential uses. 24 uses are permitted in LNC, not otherwise allowed in MU which vary from uses such as drive-thru restaurants, repair/service, and a number of commercial establishments. In general, staff found LNC zoning to be more restrictive within the residential category of uses while MU zoning was more restrictive within the retail, service, and commercial use categories. 36  COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-22 1407 E. 20th ST C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? As mentioned in section B, the zone change to MU would allow a similar intensity of uses, currently permitted within the LNC zoning. The proposed use is expected to have a similar traffic volume as the existing barber shop/salon. 20th Street is classified as a minor arterial according the City Major Thoroughfare Plan suitable for the proposed body art establishment. D. Is the proposed density and intensity of use permitted in the proposed zoning district? The proposed density and intensity of the body art establishment use is permitted in the Mixed Use zoning district with a Special Use Permit. Infrastructure already exists on the site. E. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? A change of use at the subject property would trigger parking standards to be reevaluated. The parcel allows for ample parking for the body art establishment use, while also allowing for the other suite (Barber Shop) to provide sufficient parking. F. Are adequate public facilities and services available to serve development for the type and scope suggested by the proposed zone? If utilities are not available, could they be reasonably extended by the applicant? Is the applicant willing to pay for the extension of public facilities and services necessary to service the proposed development? Adequate public facilities and services are available. The site utilizes existing Infrastructure. G. Does the proposed change constitute “spot zoning” as defined in Article 11, definitions? Section 11.1 of the Unified Development Code defines spot zoning as: Where a particular tract within a larger area is specifically zoned so as to impose upon it restrictions not imposed upon the surrounding lands, or grant to it special privileges not granted generally, not done in pursuance of the Comprehensive Plan. The proposed Zone Change does not constitute spot zoning by this definition because it is in compliance with the Comprehensive Plan. The 2040 Comprehensive Plan Future Land Use Map designates this area as Commercial Mixed Use, the propose use of a body art establishment aligns with the horizontal mixed use – commercial/residential aspect of the designation. While there is not any existing Mixed Use zoning in this area, the surrounding Local Neighborhood Commercial zoning provides a similar intensity of permitted uses. 37  COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-22 1407 E. 20th ST UDC SEC. 8.9 – SPECIAL USE PERMITS o 8.9.1 Purpose: Allows for City Council discretionary approval of uses with unique or widely varying operating characteristics, neighborhood compatibility uses, or unusual site development features, subject to the terms and conditions set forth in this UDC. o 8.9.2 Applicability: Special Use Permits may or not be appropriate in a given zone district depending upon the nature and compatibility of surrounding uses, and mitigating site- specific conditions or requirements. Such uses require individual review of their location, design, configuration, density, and intensity, in order to determine whether or not a use should be allowed; and may require the imposition of additional conditions in order to ensure the appropriateness and compatibility of the use at a particular location. o Special use permit approvals attach to the property and are transferable to subsequent owners. o 8.9.3 Special use application process: The Special Use Permit application process shall be followed per UDC Sec. 8.9.3 o Pursuant to UDC 8.9.3(H) the Special Use Permit may be revoked by this section whenever: o It is determined that a use of property for which a special use permit has been granted is not being conducted within the terms of the special use permit including [section] 8.9.4 special use criteria; that such use has been allowed to accumulate litter or debris, to be a public nuisance, to an attractive nuisance to children, or to attract vagrants, criminals or public intoxication; or is otherwise detrimental to the public health, safety or welfare. o Before the special use has commenced, and it is determined that such special use is not in the public interest; or o The owner of the property affected petitions for revocation. o 8.9.4 Special use review criteria: Special use permits may be approved where it reasonably determines that there will be no significant negative impact upon residents of surrounding property or upon the public. As part of this Special Use Permit application review, staff has considered the following criteria: 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 body art establishment at this location is not expected to be injurious to the surrounding neighborhood. Surrounding uses include residential, small local retail professional services, and coffee shops. The applicant intends to have a secure body art establishment and meet the New Mexico Body Art Safe Practices Act requirements. There will be a security system in place. B. Compatible with surrounding area: The proposed site plan, circulation plan, and schematic architectural designs shall be harmonious with the character of the 38  COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-22 1407 E. 20th ST 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 barber/beauty shop 1,483 square feet in size. The petitioner will only utilize 780 square feet of the barber/beauty shop. No exterior modifications will be done to the shop at this time other than parking lot striping, as proposed by staff. 3 employees will be 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 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 body art establishment is anticipated to have a similar impact as the neighboring barber/beauty shops establishments. 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 body art establishment will not have a negative impact on existing infrastructure and services. The subject property has access from 20th street which is classified as a minor arterial by the City’s Major Thoroughfare Plan. The subject property will have ample parking for the proposed use. E. Consistent with the UDC and Comprehensive Plan: The proposed use will be consistent with purposes of this UDC, the Comprehensive Plan, and any other statutes, ordinances or policies that may be applicable, and will support rather than interfere with the uses otherwise permitted in the zone in which it is located. The petitioner meets the requirements of UDC Sec. 2.4.63, specifically: • The proposed location if approved will be zoned Mixed Use, body art establishments are permitted in the mixed use zoning district with a Special Use Permit. • The 2040 Future Land Use Plan designates area as Commercial Mixed Use. The proposed body art establishments conforms to the smaller formal retail/service aspects of the Commercial Mixed Use designation. The petitioner does not meet requirements of UDC Sec. 2.4.63 Municipal Code Sec. 8-15- 3., specifically: • No body art establishment shall be located within 300 feet of a private or public elementary school, secondary school or high school; church; or residence, unless waived by the city council. As part of this application, the petitioner is requesting a waiver to this requirement. 39  COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-22 1407 E. 20th ST F. Parcel size: The proposed use may be required to have additional land area, in excess of the minimum lot area otherwise required by the underlying zoning district, as necessary to ensure adequate mitigation of impacts on surrounding land uses and the zoning district. The subject property is 0.296-acres, 780 square foot barber/beauty shop 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/site plan comply with the standards of Section 8.5. PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to twelve (12) surrounding property owners. At the time of this report staff has not received any feedback from the community. STAFF CONCLUSION • The proposed zone change to Mixed Use and body art establishment use is allowed within the ‘Commercial Mixed Use’ designation of the 2040 Comprehensive Plan. • The proposed zone change to Mixed Use will be similarly restrictive and neighborhood friendly as the current Local Neighborhood Commercial zoning. • The proposed zone change to Mixed Use and body art establishment use is compatible with the surrounding area and nearby residential uses. • The proposed use complies with the Unified Development Code Special Use Permit criteria outlined in Section 8.9.4. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition ZC 24-22, a request from Tim Essary, for a Zone Change from Local Neighborhood Commercial to Mixed Use, Special Use Permit to allow for a body art establishment, and a waiver to the 300-foot distance requirement from a Body Art Establishment to a residence and church, as outlined in Section 8-15-3 in the City’s Municipal Code located at 1407 E 20th Street, with the following conditions of approval: 1. Petitioner shall meet the UDC requirements of section 5.2.11 Parking Design Standards this includes markings, minimum of 10 spaces one being ADA van accessible. 2. The SUP shall be effective for five (5) years, at which time the applicant can renew. 40 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-22 1407 E. 20th ST 41 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-22 1407 E. 20th ST 42 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-22 1407 E. 20th ST 43 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-22 1407 E. 20th ST 44 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-22 1407 E. 20th ST 45 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-22 1407 E. 20th ST 46  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-23 - 2012 HUNTZINGER AVE - DAY CARE CENTER PROJECT INFORMATION Applicant 3-D Enterprises, Inc DBA A Gold Star Academy Representative Kim Grider Date of Application March 14, 2024 A request for a Special Use Permit to allow for a day care Requested Action center. Location 2012 Huntzinger Ave Huntzinger Subdivision Lots 13 And 14 Block 1 Bk.1705 Pg.787; also Huntzinger W 163 Ft Of Lots 13 And 14 Block 2 Bk.1705 Legal Description Pg.787; also Huntzinger W 163 Ft Lot 12 Block 2 Bk.1705 Pg.787. Existing Land Use Institutional use, church (no longer in use) Existing Zoning Single-Family 7 Future Land Use Medium Density Residential Designation North: Single-Family 7; Residential uses. South: General Commercial and Local Neighborhood Surrounding Commercial; retail, car wash, restaurants. Zoning & Land Use East: Single-Family 7; Residential uses. West: Single-family 7; Residential uses. Publication of Notice: April 8, 2024 Farmington Daily Times Notice Property owners’ letter: April 8, 2024 Requirements Sign posted: April 15, 2024 Staff Planner Colby Gibson, Planning Manager Background: The subject property is zoned SF-7; Single-Family 7. The San Juan County Assessor shows the subject property as three separate parcels a total size of 1.85 acres. An 11,624 square-foot church built in 1980 exists on the east side of the Huntzinger property with a large parking lot to the west. Request: The petitioner is requesting a Special Use Permit to allow for the operation of a day care center located at the property. The day care center is anticipated to be capable of accommodating 170 children. Per UDC Section 2.3, day care centers are allowed in the Single-Family 7 zoning district with a Special Use Permit. 47  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-23 2012 HUNTZINGER AVE ZONING: Single-Family 7 48 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-23 2012 HUNTZINGER AVE Vicinity Map 49  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-23 2012 HUNTZINGER AVE Aerial View 50  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-23 2012 HUNTZINGER AVE Floor Plan 51  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-23 2012 HUNTZINGER AVE UDC SEC. 8.9 – SPECIAL USE PERMITS o 8.9.1 Purpose: Allows for City Council discretionary approval of uses with unique or widely varying operating characteristics, neighborhood compatibility uses, or unusual site development features, subject to the terms and conditions set forth in this UDC. o 8.9.2 Applicability: Special Use Permits may or not be appropriate in a given zone district depending upon the nature and compatibility of surrounding uses, and mitigating site- specific conditions or requirements. Such uses require individual review of their location, design, configuration, density, and intensity, in order to determine whether or not a use should be allowed; and may require the imposition of additional conditions in order to ensure the appropriateness and compatibility of the use at a particular location. o Special use permit approvals attach to the property and are transferable to subsequent owners. o 8.9.3 Special use application process: The Special Use Permit application process shall be followed per UDC Sec. 8.9.3 o Pursuant to UDC 8.9.3(H) the Special Use Permit may be revoked by this section whenever: o It is determined that a use of property for which a special use permit has been granted is not being conducted within the terms of the special use permit including [section] 8.9.4 special use criteria; that such use has been allowed to accumulate litter or debris, to be a public nuisance, to an attractive nuisance to children, or to attract vagrants, criminals or public intoxication; or is otherwise detrimental to the public health, safety or welfare. o Before the special use has commenced, and it is determined that such special use is not in the public interest; or o The owner of the property affected petitions for revocation. o 8.9.4 Special use review criteria: Special use permits may be approved where it reasonably determines that there will be no significant negative impact upon residents of surrounding property or upon the public. As part of this Special Use Permit application review, staff has considered the following criteria: A. Effect on environment: The proposed day care center is within an existing building on the property. The proposed use will not be detrimental to the health, welfare or safety of the surrounding neighborhood or its occupants. B. Compatible with surrounding area: The surrounding properties to the north, east and west are medium density residential. To the south are retail and service uses. The proposed day care center use is compatible with the surrounding uses. The circulation and parking are harmonious with the character of the area and meets the requirements of the UDC. C. External impacts mitigated? There are no anticipated negative impacts foreseen from operation of the proposed day care center. The building housing the day care is existing. The alleys to the south and east, as well as the parking lots to the north and west provide separation from the proposed day care center and residential uses. D. Infrastructure impacts minimized 52  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-23 2012 HUNTZINGER AVE The site is currently being used as a church with a similar impact to infrastructure and services. The proposed day care center is not anticipated to have any further impacts. E. Consistent with the UDC and comprehensive plan The applicant meets the standards applicable to operating a day care center at this location. The applicant operates several other day care centers in Farmington and is familiar with the State of New Mexico’s requirements. The comprehensive plan designates this area as ‘Medium Density Residential’ and does not address specifics related to operating a day care center in this area. F. Parcel size The subject property is approximately 1.85 acres with an 11,624 square-foot church built in 1980. G. Site plan The applicant has submitted a site plan in conformance with the UDC. o 8.9.5 Additional Conditions: The Planning and Zoning Commission may recommend and the City Council may impose additional reasonable conditions as necessary to carry out the purpose and intent of this UDC and to mitigate adverse effects of the proposed use. o Staff recommends the Commission and City Council impose the following conditions of approval: o The petitioner shall submit proof of licensing by and compliance with the rules of the State of New Mexico for day care facilities. o All necessary building permits shall be obtained. o The day care center shall at all times remain compliant with the use standards as outlined in UDC Section 2.4.16. o 8.9.6 Expiration of Approval: o Special Use Permit approval shall expire after 18 months from the date of approval if construction or operation of the approved use has not commenced. o Time limits of Special Use Permits shall be set through the conditions of approval. The City Council may extend the Special Use Permit for a definitive time period upon written request from the applicant. o Staff recommends this Special Use Permit be permitted for a time period of ten (10) years, at which point it can be renewed. o 8.9.7 Appeals: Any person aggrieved by a decision of the City Council pursuant to this section may appeal to the district court within 30 days of the date of the decision rendered by the City Council. If no appeal is filed in writing within 30 days, the decision shall be considered final. Use Regulations: Unified Development Code – Section 2.4.16 Day care centers A. Day care centers may provide care for seven or more adults or children. B. A site plan prepared in accordance with the requirements of section 8.5 shall be approved and filed with the findings of fact and conclusions of law as part of the approval. C. Day care centers shall comply with all applicable state requirements for the location of such facilities and the minimum square feet of safe, outdoor recreation area and usable floor area for every person the day care facility is licensed to accommodate. No 53  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-23 2012 HUNTZINGER AVE portion of such recreation area shall be located within the required front area of the property. D. Outdoor recreation areas shall be screened in accordance with the provisions of section 5.5.7, screening standards. Outdoor play or instruction are shall be enclosed by a fence- no less than four feet in height per section 8.16.24.4 of the NMAC. Th three-foot fence height maximum indicated in section 5.4.4 of this Code is waived for approved day care facilities. E. A landscaped hedge or fence shall be provided along any rear or side property line adjoining any residentially zoned property not used for a similar purpose. Any such hedge or fence shall be designed and planted so as to be at least six feet in height and further, the fence or hedge shall provide a solid barrier between the day care facility and the adjoining residential property. PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to 20 surrounding property owners. As of the date of this report, no feedback has been received regarding the petition. STAFF CONCLUSION & RECOMMENDATION Compliance: The proposed use complies with the Unified Development Code Section 8.9.4 Special use review criteria as well as 2.4.16 Day care centers. Compatibility: The proposed day care center is compatible with the surrounding neighborhood and uses. The Community Works Department recommends approval of Petition SUP 24-23, a request from 3-D Enterprises, Inc DBA A Gold Star Academy, represented by Kim Grider, for a Special Use Permit to allow for a day care center located at 2012 Huntzinger Ave with the following conditions of approval: 1. The petitioner shall submit proof of licensing by and compliance with the rules of the State of New Mexico for day care facilities. 2. All necessary building permits shall be obtained. 3. The day care center shall at all times remain compliant with the use standards as outlined in UDC Section 2.4.16. 4. Staff recommends this Special Use Permit be permitted for a time period of ten (10) years, at which point it can be renewed. 54 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-23 2012 HUNTZINGER AVE 55 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-23 2012 HUNTZINGER AVE 56 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-23 2012 HUNTZINGER AVE 57 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-23 2012 HUNTZINGER AVE 58 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-23 2012 HUNTZINGER AVE 59 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-23 2012 HUNTZINGER AVE 60