Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive May 16, 2024 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the April 25, 2024 P&Z Meeting 4 Petition SUP 24-26 – A request for a Special Use Permit to allow for a day care center located at 2551 Rio Vista Way. Presented by Associate Planner Gonzalez (This petition has been withdrawn.) 5 Petition ZC 24-28 – A request for a Zone Change from Mixed Use to General Commercial for a 0.8 acre lot located at 1709 W Main St. Presented by Planning Manager Gibson (Pg. 25) 6 Petition ZC 24-30 – A request for a Zone Change from GC the – GC: General Commercial District to the MU: Mixed Use District for a 1.18 acre lot located at 1113 W Apache St. Presented by Senior Planner Safrany (Pg. 37) 7 Petition SUP 24-31 – A request for a Special Use Permit to allow for a Body Art Establishment located at 420 W. Broadway Ave. Presented by Associate Planner Gonzalez (Pg. 59) 8 Petition CV 24-32 – A request for a variance to the City’s 300-foot distance requirement from a residential use and cannabis dispensary to a proposed cannabis retail establishment located at 2010 E, Main St. Ste. A. Presented by Planning Manager Gibson (Pg. 71) 9 Business From Floor: Chairman: Members: Staff: 10 Adjournment Petition items on this agenda will be scheduled for the next City Council meeting – May 28, 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 25, 2024 The Planning & Zoning Commission met in a regular session on April 25, 2024 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 Jennifer Wood Gary Hanson Clete Berens Amber Hodge P&Z Members Absent Vice Chair Brown Shay Davis Staff Present: Colby Gibson Tami Spencer Others Who Addressed the Commission Daniel Clugston Tim Essary Kim Grider Thomas Gifford 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 Ragsdale and seconded by Commissioner Berens to approve the agenda of the April 25, 2024 Planning & Zoning Commission meeting. This motion passed unanimously by a 6-0 vote. Approval of the Minutes A motion was made by Commissioner Waldroup and seconded by Commissioner Berens to approve the minutes of the April 11, 2024 Planning & Zoning Commission meeting. This motion passed unanimously by a 7-0 vote. 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. Planning Manager Gibson Presented the Following: 1  Petition Information o Applicant: Daniel Clugston, property owner o Representative: N/A o Location: 5700 Rinconada Street o Existing Zoning: Residential Estate-2 o Existing Land Use: Single-family residential o Request: Special Use Permit to allow for the keeping of two horses on the property. Subject Property o Single-family residence o 2.47 acre property o Existing corral and stall 2 Corral and Shelter 3  Zoning Surrounding zoning: North- Residential Estate-2 South- Residential Estate-2 East- Residential Estate-2 West- Residential Estate-2 4  UDC Sec. 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. 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. 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. Storm water drains to the south-east away from neighboring properties. The petitioner plans to clean the corral every other day, with waste removal from the site on a weekly basis. Staff recommends the applicant clean the corral daily to help mitigate odor and deter pests such as flies. 5  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. o 8.9.2 Applicability: Special use permit approvals attach to the property and are transferable to subsequent owners. o 8.9.3 Special use application process: 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. 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. Staff has considered the following criteria per this section: o Effect on environment; o Compatibility with surrounding area; o External impacts mitigated; o Infrastructure impacts minimized; o Consistent with the UDC and Comprehensive Plan; o Parcel size; o Site plan; o UDC Sec. 8.9: Special Use Permits A. Effect on environment: Not expected to have a detrimental effect on the health, welfare or safety of the surrounding neighborhood or its occupants. B. Compatible with surrounding area: Surrounding properties are low density with large lot sizes (2+ acres) and natural trees and vegetation. The general distance and vegetation provide adequate buffering from most properties, allowing horses on the property appears appropriate. C. External impacts mitigated: Applicant proposes cleaning stalls every other day and removing the waste from the site on a weekly basis. 6  Due to the proximity of the west abutting residence, staff recommends the stalls are cleaned daily to help mitigate odor and deter pests. Drainage flows in a south-east direction, away from neighboring properties. Municipal Code Sec. 6-4-2 covers the general cleanliness of premises where animals are kept and provides additional enforcement if necessary. 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 does not address livestock or 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. 7  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. Staff recommends the Commission and City Council impose the following conditions of approval: A maximum of two horses shall be kept on the property. Petitioner shall remove animal waste from the horse stall and corral once per day and relocate animal waste from the subject property once per week at a minimum. Animal waste while 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: 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. 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. 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. Public Input This petition has been properly noticed: 8 property owner letters sent out. Publication of notice in the Daily Times. Public notice sign posted on the property. To date no public comment has been received. 8  Staff Conclusion 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. Adverse impacts are adequately mitigated. Staff Recommendation 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 remove animal waste from 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. Discussion The Commission Asked Staff: 1. Does the drainage plan need to be looked at by the building department? 2. Do you have the size of the horse stall? 3. Obviously, there was horsed there before, did you find any history of that? 4. If there just a chain link fence separating this property and the neighborhoods back yard. 5. Are there other horsed being kept in this general vicinity? Staff Replied: 1. This is actually reviewed by a staff engineer, who oversees storm water and its runoff. The staff engineer has approved this. 2. Yes, the corral is 55 ft. x 57 ft. and the three sided stall is 15 ft. x 24 ft. 3. No, we could not find anything regarding this horses. 4. Essentially, there is fence separating the two properties. 5. There are, but I could not find any evidence of that, He knows that are some further north. Petitioner Daniel Clugston, 5700 Rinconada St., Farmington NM Mr. Clugston stated that at the end of last year he had put in an adjoining fence just in case the horse was to get out of the corral, he would not be able to leave the property. 9 The Commission Asked the Petitioner: 1. Do you have any concerns regarding the conditions that staff has put with this SUP? 2. Have you talked to any of your neighbors to see how they would feel about you having a horse? Petitioner Replied: 1. No, he did not have any issues regarding these conditions. 2. He had talked to a few of them, but he was unable to talk to the neighbors to the west. He added that there were a number of trees that separate him from the neighbor to the west and that would hopefully mitigate some of the smell from the horse. With no further discussion, Chair Freeman called for a motion. Motion A motion was made by Commissioner Berens and seconded by Commissioner Waldroup to Approve Petition SUP 24-21 with the following conditions as recommended by staff. 1. A maximum of two horses shall be kept on the property. 2. Petitioner shall remove animal waste from 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. AYE: Chair Freeman, Commissioner Hodge, Commissioner Ragsdale, Commissioner Hanson, Commissioner Waldroup, Commissioner Hanson and Commissioner Berens NAY: None ABSTAIN: None ABSENT: Shay Davis, Ryan Brown APPROVED 7-0 Petition ZC 24-22: A request for a Zone Change from Local Neighborhood Commercial to Mixed Use to allow for a Body Art Establishment. Planning Manager Gibson Presented the Following: Petition Information o Applicant: Tim Essary o Location: 1407 E. 20th Street 10 o Existing Zoning: Local Neighborhood Commercial (LNC) o Existing Land Use: Barber/Beauty Shop o Request: o Approval for a zone change to Mixed Use (MU) o Approval for a special use permit for a Body Art Establishment o Approval for a Waiver to the 300-foot distance requirement from a Body Art Establishment from a residential use and a church. Subject Property 11 12  UDC Section 8.7 Zoning Map Amendment (rezoning) A) Is the proposed zoning consistent with the Farmington Comprehensive Plan? o The 2040 Future Land Use Plan designates this area as Commercial Mixed-Use. o Intended to support neighborhood commercial uses and medium-high density residential. o Mixed Use zoning is permitted within the Commercial Mixed-Use designation. 13  A) Is the proposed zoning consistent with the Farmington Comprehensive Plan? o The 2040 Future Land Use Plan designates this area as Commercial Mixed-Use. o Intended to support neighborhood commercial uses and medium-high density residential. o 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? o 65 similar uses o LNC allows 24 uses not permitted in MU (drive thru restaurant, repair/service, post office). o MU allows 20 uses not permitted in LNC (residential14, radio/TV station, and artwork and toy manufacturer). o Similarly restrictive, does allow for residential (Single and Multi-Family) C) Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? o 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? o The proposed density and intensity of the body art establishment use is permitted in the Mixed Use zoning district. Infrastructure already exists on the site. E) Is the site physically suitable for development of uses and density permitted by the proposed zoning district? o 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? o Adequate public facilities and services are available. Existing Infrastructure on site. G) Does the proposed change constitute “spot zoning” as defined in Article 11, definitions? o 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. o The proposed Zone Change does not constitute spot zoning by this definition because it is in compliance with the Comprehensive Plan. o 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. UDC Section 8.9 Special Use Permit A) Effect on environment: o Placement of a body art establishment at this location should not be injurious to the surrounding neighborhood. Surrounding uses include residential, small local retail professional services, and coffee shops. 14  o The applicant is required to meet the New Mexico Body Art Safe Practices Act requirements. There will be a security system in place. B) Compatible with surrounding area: o The existing building is in good shape and harmonious with the character of the surrounding area. o 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. 3 employees will be on-site. C) External impacts minimized: o The proposed use shall not have negative impacts on existing uses in the area. o The body art establishment is anticipated to have a similar impact as the neighboring barber/beauty shops establishments. D) Infrastructure impacts minimized: o The subject property has access from 20th street which is classified as a minor arterial by the City’s Major Thoroughfare Plan. o The subject property will have ample parking for the proposed use. E) Consistent with the UDC and Comprehensive Plan: o The petitioner meets the requirements of the UDC and is supported by the Comprehensive Plan. Municipal Code allows for a waiver of the 300’ distance standard. F) Parcel size: o The subject property is 0.296-acres, 780 square foot barber/beauty shop sufficient for the use proposed. G) Site Plan: o The floor plan/site plan comply with the standards of Section 8.5. Public Input o This petition has been properly noticed: o 12 property owner letters sent out; o Publication of notice in the Daily Times. o Public notice sign posted on the property. o To date, no feedback has been received. Staff Conclusion o 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. o The proposed zone change to Mixed Use will be similarly restrictive and neighborhood friendly as the current Local Neighborhood Commercial zoning. o The proposed zone change to Mixed Use and body art establishment use is compatible with the surrounding area and nearby residential uses. o The proposed use complies with the Unified Development Code SUP criteria outlined in 8.9.4. Staff Recommendation The Community Works Department recommends APPROVAL of Petition ZC 24-22, a request for a Zone Change from Local Neighborhood Commercial to Mixed Use and Special Use Permit to allow a Body Art Establishment located at 1407 E. 20th Street, with the following conditions of approval: 15  1. Petitioner shall meet the parking design and marking standards of UDC Section 5.2.11 by striping a minimum of 10 spaces, one being ADA van-accessible. 2. The Special Use Permit shall be effective for five years, at which time the applicant can renew. Discussion The Commission and staff had a discussion regarding different zoning districts and how this body art establish would fit into them. It was agreed that mixed use was the best option. They also talked about updating the Unified Development Code regarding body art and tattoo shops, Petitioner Tim Essary, 231 N. Schwartz Ave, Farmington NM Mr. Essary wanted to clarify that the east part of the building is an operational barber shop and that they will only be utilizing the west side of the building. They also have no issues with meeting the conditions required by staff for this zone change. With no further discussion, Chair Freeman called for a motion. Motion A motion was made by Commissioner Hanson and seconded by Commissioner Ragsdale to Approve Petition ZC 24-22 with the following conditions as recommended by staff. 1. Petitioner shall meet the parking design and marking standards of UDC Section 5.2.11 by striping a minimum of 10 spaces, one being ADA van-accessible. 2. The Special Use Permit shall be effective for five years, at which time the applicant can renew. AYE: Chair Freeman, Commissioner Hodge, Commissioner Ragsdale, Commissioner Hanson, Commissioner Waldroup, Commissioner Hanson and Commissioner Berens NAY: None ABSTAIN: None ABSENT: Shay Davis, Ryan Brown APPROVED 7-0 Petition SUP 24-23: A request for a Special Use Permit to allow for a day care center located at 2012 Huntzinger Avenue. Planning Manager Gibson Presented the Following: Petition Information o Applicant: 3-D Enterprises, Inc. DAB A Gold Star Academy o Representative: Kim Grider 16 o Location: 2012 Huntzinger Ave o Existing Zoning: Single-Family 7 o Existing Land Use: Church, currently vacant o Request: Approval of a Special Use Permit to allow for the operation of a day care in a single-family residential zoning district. Subject Property o 3 separate properties o 1.85 acres in size o 11,624 square-foot church building o Parking to the north and west. Project Details o Proposed site plan o Accommodate up to 170 children 17 Zoning 18  UDC Sec. 2.4.16 Day care centers A. Day care centers may provide care for seven or more adults or children. B. A site plan 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. 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. E. A landscaped hedge or fence at least six feet in height shall be provided as a solid barrier 19 along any rear or side property line adjoining any residentially zoned property not used for a similar purpose. 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. o 8.9.2 Applicability: Special use permit approvals attach to the property and are transferable to subsequent owners o 8.9.3 Special use application process: 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. 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 area: o Effect on environment: Not expected to have detrimental effects to the health, welfare or safety of the surrounding area. o Compatibility with surrounding area: The proposed use is compatible with the neighborhood which consists of both commercial and residential uses. The circulation and parking meet the UDC requirements. o External impacts mitigated: Increase in traffic on Huntzinger Ave, not anticipated to have negative impacts due to adequate on-site parking and circulation. Potential noise level increase, distance and buffering help to mitigate external impacts. Located on the southern (commercial) end of Huntzinger with adjacent commercial. o Infrastructure impacts minimized: No infrastructure impacts identified, similar to the infrastructure and services needed to operate a church. o Consistent with the UDC and Comprehensive Plan: The applicant has demonstrated compliance with the UDC for the standards of 2.4.16. 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 20  effects of the proposed use. 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 Due to the nature of the business as well as the investment in the property, staff recommends this Special Use Permit be permitted for a time period of ten (10) 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. Public Input o This petition has been properly noticed: o 20 property owner letters sent out. o Publication of notice in the Daily Times. o Public notice sign posted on the property. o To date no public comment has been received. Staff Conclusion Compliance: The proposed use complies with the Unified Development Code Section 8.9.4 Special use review criteria and as well as 2.4.16 day care centers. Compatibility: The proposed operation of a day care at this location is compatible with the surrounding neighborhood and uses. Staff Recommendation 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 Girder, for a Special 21 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. Discussion Petitioner Kim Grider, 1117 N. Auburn Ave., Farmington NM Ms. Grider stated that she does not have any issues with the conditions that staff had presented. She has already been working with inspectors, staff and the fire department. The Commission Asked Petitioner: 1. Are you already an existing business? Petitioner Replied: 1. Yes, they have four daycare centers, this will be their fifth. Affected Party, Thomas Gifford, 2114 Huntzinger Ave., Farmington NM Mr. Gifford stated that if the daycare center does not use the entire parking lot that it may be sold and apartments would be built there. He and the other residents want to keep Huntzinger Ave. zoned Single Family. The Commission Replied to Mr. Gifford: The Commission informed Mr. Gifford that if the parking lot was to be sold for an apartment complex, that the new owner would have to come to Planning & Zoning for a zone change. Right now it is zoned Single Family and an apartment complex would not be allowed there without that zone change. With no further discussion, Chair Freeman called for a motion. Motion A motion was made by Commissioner Waldroup and seconded by Commissioner Hodge to Approve Petition SUP 24-23 with the following conditions as recommended by staff. 1. The petitioner shall submit proof of licensing by and compliance with the rules of the 22  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. AYE: Chair Freeman, Commissioner Hodge, Commissioner Ragsdale, Commissioner Hanson, Commissioner Waldroup, Commissioner Hanson and Commissioner Berens NAY: None ABSTAIN: None ABSENT: Shay Davis, Ryan Brown APPROVED 7-0 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 welcomed Commissioner Wood to the Planning & Zoning Commission. He added that City Council unanimously approved Petition SUP 24-19 for cannabis cultivation. They also approved the changes to the Unified Development Code (UDC) that the Commission had recommended for approval, it should be published by the end of May, 2024. The Commission and staff had a conversation about incorporating design standards into the UDC. The Commission gave staff direction to get a conversation started regarding the design standards. Adjournment: With no further business, a motion to adjourn was made by Commissioner Waldroup and seconded by Commissioner Berens The motion carried unanimously 6-0 and the meeting was adjourned at 4:20 p.m. _______________________________ _________________________________ Clint Freeman Tami Spencer Chair Administrative Assistant 23  COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-28 - 1709 W. MAIN ST – ZONE CHANGE FROM MU TO GC PROJECT INFORMATION Applicant Jose Luis Frias – Ortega Representative N/A Date of Application April 3, 2024 A request for a Zone Change from Mixed Use to General Requested Action Commercial. Location 1709 W. Main Street (R6001315) Existing Land Use Vacant property Existing Zoning Mixed Use 2040 Future Land Use Commercial Mixed Use Designation North: General Commercial; manufactured home sales, food and beverage sales South: Mixed Use; vacant, single-family residence, vehicle Surrounding Zoning & Land auction Use East: Mixed use; vehicle sales, auto detail, insurance West: Mixed Use, vacant lot, personal services, children’s home Publication of Notice: April 29, 2024 Farmington Daily Times Notice Requirements Property owners’ letter: April 29, 2024 Sign posted: May 6, 2024 Staff Planner Colby Gibson, Planning Manager Background The San Juan County Assessor shows the subject property as 0.8 acres in size. The property appears to have been used as a residence with a mobile home in the past, the lot is currently undeveloped. The petitioner is requesting a Zone Change from Mixed Use to General Commercial to allow for the development of a self-storage facility located at 1709 W Main St. Per, UDC Section 2.3, self-storage or mini-warehouses are permitted in the General Commercial zoning district. 25 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-28 1709 W. Main St Zoning Mixed Use 26 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-28 1709 W. Main St Aerial View 27 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-28 1709 W. Main St Vicinity Map 28  COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-28 1709 W. Main St Proposed Development The applicant is seeking a zone change to General Commercial to allow for a self-storage facility. The applicant has submitted a proposed site plan. STAFF ANALYSIS UNIFIED DEVELOPMENT CODE COMPLIANCE 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 host a variety of commercial retail and services, office and outdoor recreation. General Commercial zoning is permitted, and likewise recommended in this 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? The present zoning in this area is largely General Commercial and Industrial with several adjacent lots zoned Mixed Use. The nearby uses in the General Commercial and Industrial zoning consist of a number of fast food restaurants, mobile home sales, used vehicle sales, vehicle auction, retail sales (Walmart), and various commercial businesses. The adjacent Mixed Use zoning was annexed into the City of Farmington in 1977 and consists of an insurance agency, vehicle cleaning/detail, salon/spa, the Four Corners Home for Children is approximately 200-feet to the west and a large residential lot is located approximately 990-feet to the south. The proposed zone change to General Commercial is compatible with the present zoning and conforming uses of nearby property. This section of W. Main Street is part of U.S. HWY 64 with a high volume of traffic. The proposed use of a self-storage establishment is compatible with the surrounding commercial lots. C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? The proposed change to General Commercial is considered up-zoning as it would allow more intensive uses than otherwise allowed in the existing district. More intensive uses may have an adverse impact on the remaining Mixed Use zoned properties, however several of these properties are currently undeveloped. The lot to the west is currently undeveloped. There is a large residential lot to the south, however the residence is more than 990-feet away. The proposed use of a self-storage establishment is not expected to create any adverse impacts on the surrounding properties. D. Is the proposed density and intensity of use permitted in the proposed zoning district? 29  COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-28 1709 W. Main St The proposed density and intensity of the self-storage use is permitted in the General Commercial zoning district. E. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? The site is 0.8 acres in size and is of adequate size for the proposed use. The applicant has submitted a site plan showing the proposed layout of the self-storage facility. While the site plan is preliminary, the applicant will be required to meet any and all standards for the use as well as meet building code and development code standards. 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. 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 change to General Commercial is recommended by the Comprehensive Plan, therefore this petition could be approved without creating an instance of spot zoning. PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to five (5) surrounding property owners. At the time of this report staff has not received feedback from the community. STAFF CONCLUSION • The proposed zone change to General Commercial is supported by the ‘Commercial Mixed Use’ designation of the 2040 Comprehensive Plan. • The proposed zone change to General Commercial and self-storage use is compatible with the zoning and uses within the surrounding area. STAFF RECOMMENDATION The Community Works Department recommends APPROVAL of Petition ZC 24-28, a request for a Zone Change from Mixed Use to General Commercial for property located at 1709 W. Main Street with the following condition of approval: 1. Any development on the site shall conform with the standards outlined within the Unified Development Code of the City of Farmington. 30 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-28 1709 W. Main St 31 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-28 1709 W. Main St 32 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-28 1709 W. Main St 33  COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-28 1709 W. Main St Affected Property Owners 34 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-28 1709 W. Main St 35 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-28 1709 W. Main St 36  City of Farmington ZC 24-30 1113 W. Apache St. COMMUNITY WORKS STAFF REPORT Petition ZC 24-30 Zone Change from GC: General Commercial to PD: Planned Development A. STAFF REPORT, April 30, 2024 PROJECT INFORMATION Applicant Kim DuTremaine Representative None Date of Application April 8, 2024 Requested Action Zone Change from GC: General Commercial to PD: Planned Development Location 1113 W. Apache St. - Parcel R0022812 Existing Land Use Nonconforming Multi-family Residential/ Mobile Home Park Existing Zoning GC: General Commercial Surrounding Zoning & Land North: RE-20: Residential Estate-20 Use South: GC: General Commercial East: GC: General Commercial West: GC: General Commercial Notice Requirements Publication of Notice: Wednesday April 24, 2024, Farmington Daily Times Property owners letter: Monday April 29, 2024 Sign posted: Monday April 29, 2024 Staff Planner Mike Safrany, Senior Planner STAFF ANALYSIS Background San Juan County Tax Assessor’s indicates Parcel No. R0022812 is a 1.19 acre property owned by Driftwood Rentals, LLC. There are currently eight singlewide mobile homes, one double-wide mobile home, one four-plex, and one two-story residential building on the property. The property is zoned GC, General Commercial and the existing multi-family residences are nonconforming status. The owner would like to operate a group care facility at this location. Proposal A request for a Zone Change from GC, General Commercial to PD, Planned Development to allow for an all-male group care facility. The 2-story single-family residence will be occupied by staff 24/7 at a staff/resident ratio of 1:8. The doublewide mobile home will be a community space. The four-plex will be rented as a transition housing to qualified individuals. The eight singlewide mobile homes will house up to 40 individuals (Five maximum per mobile home). All occupants must participate in Level II intensive outpatient treatment with Cottonwood Clinical Services for 37 approximately 4 to 6 months before transitioning to independent living. No participants are allowed to own a vehicle and will be monitored for alcohol and other drug use regularly. UDC, Section 2.4.25 Group Care Facilities. (Residential land use categories; congregate living). Group Care Facilities shall comply with the standards of this section. A. Care may be provided for more than 8 adults or 12 minors; and more than eight adults, including 24-hour caregivers, may reside in any group care facility. B. City Council may increase occupancy limits where the square footage of the building, lot size, sanitary facilities, traffic impacts, and similar factors warrant increased occupancy. C. Applications for group care facilities shall include: (1) 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; (2) Detailed plan of operation showing proposed hours, number of residents, number of staff and number of 24-hour equivalent staff, lighting and other similar components which could impact neighboring uses; (3) Demonstration that a group care home will not be used for purposes other than serving the residents except for normally allowed uses in the district in which the use is located; and (4) Off-street parking plan in accordance with the provisions of section 5.2. D. Applications for permission to construct or operate a group home shall be accompanied by copies of all valid permits required by the State of New Mexico. If such permit cannot be obtained prior to the time of application, the application shall be accompanied by a report from the applicable licensing agency stating the licensing requirements and an explanation of how the applicant intends to meet these requirements. Any approval may be conditioned upon approval by the appropriate state agency. E. All group care facilities shall have direct access to a dedicated public street. F. All group care facilities shall comply with 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 that the assisted living facility or nursing home is licensed to accommodate. G. The applicant must demonstrate adequate access and circulation for police, fire, ambulance and other emergency vehicles and must prominently display the street address. Increases in traffic above the allowed uses in the zoning district may not impact the safety of abutting landowners. H. The city may impose other conditions that it deems necessary and appropriate to safeguard the public health, safety and welfare and as may be imposed to limit any adverse effect on adjacent properties because of the proposed use. Including a provision that the special use permit may be revoked, after notice and hearing, for un- remedied material violations of any such conditions. I. For purposes of this section, a 24-hour equivalent care provider shall be a single provider residing in the facility or a number of providers who together provide coverage totaling 24 hours. Such care providers may be housed on-site. J. Services shall be provided to persons who, because of mental or physical disability, addiction to drugs, alcohol, incarceration, or family/school problems, require specialized attention and care to achieve personal independence. 38 AERIAL MAP - 1113 W Main St. 39  ZONING MAP WEST APACHE STREET FACING SOUTHWEST 40  WEST APACHE STREET FACING SOUTHEAST SOUTH OF PROPERTY FACING NORTH TO APACHE STREET 41  UDC, Article 9 - Nonconformities The existing residential use is nonconforming in the General Commercial District. Singlewide mobile homes are only permitted in Single-family Mobile Home and Special Mobile Home Area Overlay districts and are therefore nonconforming. The combination of existing setbacks, mobile home space area, and density do not meet the requirements set forth in Article 5 of the UDC for any zoning base districts and are nonconforming. UDC, Section 4.1 - Planned Development (PD) The planned development (PD) district is a special purpose district, intended to accommodate combinations of business and residential uses in areas of older structures or vacant land that may include new types of housing, residential/commercial conversions, infill development, starter homes, cluster homes, senior living developments, and planned commercial development. The PD district is intended to implement the infill and redevelopment policies of the comprehensive plan. It may also be used to implement the planning policies of the comprehensive plan's "mixed use" land use designation in isolated locations throughout the city, including locations along Piñon Hills Boulevard. The City Council is to determine the applicability of the PD district and its allowances. Section 4.1.2, Applicability, states: “A PD district may be approved only when the applicant demonstrates to the satisfaction of the City Council that a proposed PD project would not negatively affect surrounding property and uses and/or result in a greater benefit to the City than would development under conventional zoning district regulations.” 4.1.5 Allowed Uses. Allowed uses in the PD district shall be established as part of the rezoning application approval process. The allowed use will be for a group care facility with onsite staff to provide a four to six month Level II intensive outpatient treatment for up to 40 individuals. One building with four units will be provided for transitional use when additional time is needed. The facility must meet all requirements of the UDC, Section 2.4.25 group care facilities. 4.1.6 Density and dimensional standards. Density and dimensional standards in the PD district shall be established as part of the rezoning application approval process. The 2040 Comprehensive Plan designates this area as Commercial Mixed Use. The desired future density and intensity is shown as 10-14 DU/Acre and the Floor Area Ratio (FAR): >0.25. The group care facility will have 14 Dwelling Units and a Community Center. Density Analysis (FAR): The site is 1.18 acres (51,400 SF) Singlewide Mobile Homes (8 Units) = 6,280 SF Four-plex Multi-family Unit = 2,448 SF (Each floor 1,224 per SJ County Assessor) Two-Story Single Family Unit = 2,542 SF (Total two floors per SJ County Assessor) One Doublewide Mobile Home Unit used as a community center = 1,120 SF Total building coverage including the Community Center is 12,390 SF Total Floor Area Ratio (FAR) on site = 12,390 SF / 51,400 SF = FAR .24% Required Open Space = 5,140 SF (10% of site), Provided Open Space = 5,150 SF 42 43 SITE PLAN 44 60-FOOT BUILDING SEPARATION 45 4.1.7 Master plan requirement. In establishing a PD district in accordance with this section, the city council shall require a master plan of the development. The PD master plan shall be approved and filed prior to and as part of the approval. Such required plan and ordinance shall set forth the following: A. A comparison of the proposed development with the standards of the underlying zoning district and a statement by the applicant describing how the proposed development provides greater benefits to the city than would a development carried out in accordance with otherwise applicable zoning and development regulations. The existing setbacks, lot widths, and density do not meet the requirements for any zoning base districts and are nonconforming. The proposed planned development use and density standards meet the desired future use, density and intensity for a Commercial Mixed Use found in the 2040 Comprehensive Plan. The non-conforming status prohibits the moving or replacing of the mobile home units. The proposed planned development would allow flexibility for the property owner to replace units with newer, more attractive models in the future. B. A narrative addressing the proposed development explaining and tabulating the land uses by net acre, number of dwelling units by housing type, residential density and/or square footage of nonresidential uses per net acre. Also, include common open space acreage, potential traffic generation, overall character and architectural style, the relationship of the proposed development to existing development in the area and other related development features. The owner would like to operate a group care facility at this location and has provided the required information as part of this petition. The proposed facility is in harmony with the surrounding area, adjacent to commercial uses and off a minor arterial street providing Red Apple Transit directly at the location. Residence of the facility will not be permitted to possess their own vehicles and will have no impact on traffic. The Planned Development meets the required 10% of open space provision of the UDC. In addition the property has an existing 6-foot high CMU wall surrounding three sides of the property. C. 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. Including but not limited to, major streets, major utilities, existing and proposed land uses, entrance locations on existing streets, common open space, landscaping plan and a conceptual drainage plan. An existing site plan has been submitted showing land use, open space and access. All existing structures, access, drainage and utilities will remain as is. D. Density and dimensional standards to be applicable within the PD district. See 4.1.6 Density and dimensional standards above with the density analysis. No use shall be enlarged, extended or substituted without administrative approval. Staff proposes restricting any structure density increase by requiring the site not exceed the 0.24 Floor Area Ratio. E. Identification of site planning features designed to ensure compatibility between on-site residential and nonresidential uses, and with the surrounding neighborhood and land uses. The property is surrounded to the east, west, and south by commercial properties with a preparatory school and transitional living facility to the north. The subject property is surrounded on all sides by a wall or fence. The applicant has demonstrated compliance with the standards to operate a group care facility outlined in UDC Sec. 2.4.25. F. A statement of how the proposed development is consistent with the comprehensive plan. 46  The 2040 Comprehensive Plan designates this area as Commercial Mixed Use. The desired future density and intensity shows 10-14 DU/Acre and the FAR: >0.25. The group care facility will have 14 dwelling units and a Community Center. Total Floor Area Ratio (FAR) including the Community Center will be >0.24. The proposed development is objectively consistent with the comprehensive plan. The planned development is supported by the comprehensive plan’s housing action goal: assess feasibility for expanding transitional housing units. G. Other relevant information as may be requested by the director or designee 4.1.9 Additional conditions. The city council shall impose such other conditions as are deemed necessary to accomplish the purposes of this section, this UDC and the comprehensive plan. UDC Sec 8.7.4 Issues for consideration 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 may include freestanding, mid-rise, retail, office, and medical buildings in a unique campus-like setting. The proposed group care facility meets the density, intensity and open space requirements for Commercial Mixed Use. 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. Uses in the area vary greatly with heavy commercial and retail uses to the west and south, a preparatory school and transitional living facility to the north, and dairy product distribution facility to the east. The blended commercial and residential use of the proposed planned development appear to be compatible with the surrounding uses. C. Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? No adverse impacts are expected. The property is surrounded by a six-foot high masonry wall and is currently a nonconforming residential use. Due to the wall, the majority of the subject property is not visible from the street or abutting properties. The subject property is sited just north of a minor arterial street with a significant amount of traffic. The applicant has stated that background checks are required to be admitted and do not allow violent crime offenders. Additionally, residents of the site will not be permitted to have vehicles; there is a Red Apple Transit stop available directly in front of the property on W Apache. D. Is the proposed density and intensity of use permitted in the proposed zoning district? Yes, the proposed planned development meets the density and dimensional standards established by this rezone approval and is consistent with the 2040 Comprehensive Plan. The amount of residential dwelling units will not be increased from the current use. 47  E. Is the site physically suitable for development of uses and density permitted by the proposed zoning district? The use and density is consistent with the 2040 Comprehensive Plan with the required 10% minimum open space and sufficient emergency vehicle access. 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? All utilities, structures, and access are existing. G. Does the proposed change constitute “spot zoning” as defined in Article 11, definitions? No. There is a variety of General Commercial, Mixed Use and Multi-family zoned properties in the surrounding area. One hundred feet to the north is Multi-family zoning that operates a similar transitional living and counseling campus. A planned development for a group care facility is appropriate zoning at this location. STAFF CONCLUSION Staff concludes the zone change from a GC, General Commercial district to a PD, Planned Development district, for a property of 1.18 acres, to allow for a group care facility is supported by the general character of the neighborhood. The request provides an alternative residential/commercial conversion solution to a current nonconforming use and would provide a valuable resource to the community. The applicant has met the standards for a group care facility outlined in UDC Section 2.4.25. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition ZC 24-30, a request from Kim DuTremaine, for a zone change from a GC, General Commercial district to a PD, Planned Development district for a group care facility at 1113 W Apache Street with the following conditions: 1. A building and fire inspection is required. 2. The use shall not be enlarged, extended, or substituted, unless an amendment to the Planned Development is approved. 3. No structure shall be enlarged, extended, or substituted beyond the existing .24 FAR density unless an amendment to the Planned Development is approved. 4. One ADA van accessible parking space shall be provided for employee parking. 48 PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to four surrounding property owners. At the time of this report, one phone call in opposition has been received and multiple letters of support have been received. See list of support letters below. NAME 1 Alahmead, Ehap 2 Butler, Eleana Sexual Assault Services of Northwest NM 3 Coon, Dr. Joshua San Juan College 4 Dawson, Dr. Brian Ideal Option 5 Foutz, Tawana 6 Greg, Leilani Come As You Are 7 Griffith, Debbie Front Line Mission Inc. 8 Gross, Pat World Harvest Center 9 Harrington, K 10 Henderson, Natalie 11 Hillgartner, Flora Masada House 12 Hourihan, Erin Childhaven 13 Lawrence, Krista 11th Judicial District Court 14 Myers, Brian Convicted By Christ 15 Myers, Dawn San Juan College 16 O'Banion, Clifton Bureau of Indian Education 17 Ortega, Janelle SJ County Alternative Sentencing Division 18 Pfeiffer, Melissa K. The Well Inc. 19 Quevedo, Rick Desert View Counseling 20 Rockwell, Lt. Christopher The Salvation Army 21 Rodriquez, Sonnie LOPD Public Defenders Office 22 Romero, Stacey SJ County Alternative Sentencing Division 23 Spinner, Christopher 24 Letter Dated April 15, 2024 Signed 25 Letter Dated April 15, 2024 Signed 26 Letter Dated April 15, 2024 Signed 49  City of Farmington ZC 24-30 1113 W. Apache St. 50 NAME ADDRESS CITY STATE ZIP Walmart Stores East LTD Partnership PO Box 8050 Bentonville, AR 72712 Navajo Nation Office of Navajo Land PO Box 2249 Window Rock, AZ 876515 Navajo United Methodist Center Inc. 1200 W Apache St. Farmington, NM 87401 Creamland Dairies Inc. PO Box 91119 Austin, TX 78709 51 52 53 54 55 56 57  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-31- 420 W. Broadway – Body Art Establishment PROJECT INFORMATION Applicant Yarixa Delgado Representative Shawna Favor Date of Application April 8, 2024 A request for a Special Use Permit to allow for a body art Requested Action establishment. Location 420 W. Broadway WEST BROADWAY LOTS 15, 16 17 AND 18 BLOCK 5 Legal Description BK.1525 PG.742 Existing Land Use Salon & Spa Existing Zoning Central Business Future Land Use Downtown Designation North: Central Business; Window Tinting, Art Gallery. Surrounding South: Central Business; Surveying, Retail. Zoning & Land Use East: Central Business; Restaurant, Barber Shop. West: Central Business; Law Office, Citizens Bank. Publication of Notice: April 29, 2024 Farmington Daily Times Notice Property owners’ letter: April 29, 2024 Requirements Sign posted: May 6, 2024 Staff Planner Joaquin Gonzalez, Associate Planner Background: The subject property is zoned Central Business. The San Juan County Assessor’s Map shows one 8,312 square foot 2-story office building on site built in 1956. The building is currently being used as a Salon and Spa (Evolve Beauty). Request: The petitioner is requesting a Special Use Permit to allow for a body art (permanent makeup) establishment. As part of this SUP petition, the applicant is also requesting a Waiver to the 300- foot distance requirement from a body art establishment to a religious institution and residential use, as outlined in Section 8-15-3 in the City’s Municipal Code. The applicant will only be renting a booth for the permanent makeup services, within the existing Salon and Spa. 59  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-31 420 W. Broadway ZONING Central Business (CB) 60 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-31 420 W. Broadway AREA MAP 61  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-31 420 W. Broadway AERIAL VIEW 62  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-31 420 W. Broadway FLOOR PLAN 63  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-31 420 W. Broadway 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 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. 64  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-31 420 W. Broadway 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 (permanent makeup) establishment at this location should not be injurious to the surrounding neighborhood. Surrounding similar uses include small local retail, professional services, and barber shops/salons. The applicant intends to meet the New Mexico Body Art Safe Practices Act requirements. 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. San Juan County Assessor’s Map shows one 8,312 square foot 2- story office building. The applicant will only be renting a booth, within the existing Salon and Spa (Evolve Beauty). 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 barbershop and existing salon and spa. The hours of operation will consist of 10am-6pm Monday-Friday and 10am-5pm on Saturdays. 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 W. Broadway, which is classified as a major arterial by the City’s Major Thoroughfare Plan. The subject property does 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 is zoned Central Business, body art establishments are permitted in the Central Business zoning district with a Special Use Permit. 65  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-31 420 W. Broadway • The 2040 Future Land Use Plan designates this area as Downtown. The proposed body art establishment conforms to the office / specialty retail aspects of the Downtown designation. • The applicant shall meet the State of New Mexico requirements to operating a body art establishment at this location. 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. 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 San Juan County Assessor’s Map shows one 8,312 square foot 2-story office building on site built in 1956. 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 complies with the standards of Section 8.5. 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 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. 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. PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to 15 surrounding property owners. As of the date of this report, no feedback has been received regarding the petition. 66  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-31 420 W. Broadway STAFF CONCLUSION • The proposed body art establishment use is allowed within the ‘Downtown’ designation of the 2040 Comprehensive Plan. • The proposed body art establishment use is compatible with the surrounding area and nearby uses. • The proposed use complies with the Unified Development Code SUP criteria outlined in 8.9.4. STAFF RECOMMENDATION The Community Works Department recommends approval of Petition SUP 24-31, a request from Yarixa Delgado, represented by Shawna Favor, for a Special Use Permit to allow for a body art establishment located at 420 W. Broadway with the following conditions of approval: 1. The SUP shall be effective for five years, at which time the applicant can renew. 67 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-31 420 W. Broadway 68 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-31 420 W. Broadway 69 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-31 420 W. Broadway 70  COMMUNITY WORKS PLANNING STAFF REPORT PETITION CV 24-32 2010 E. MAIN ST – CANNABIS VARIANCE PROJECT INFORMATION Applicant Corbyn Foster Representative N/A Date of Application April 8, 2024 A request for a variance to UDC Sec. 2.4.67.C where it states that cannabis sales establishments shall not be permitted within 300 feet of Requested Action any school, religious institution, registered daycare center, residential use or from another cannabis dispensary. Location 2010 E. Main Street Suite A Existing Land Use Retail sales and service Existing Zoning General Commercial 2040 Future Land Commercial Mixed Use Use Designation North: General Commercial; retail sales Surrounding South: General Commercial; retail and vehicle sales Zoning & Land Use East: General Commercial; vehicle sales West: General Commercial; retail sales and services Publication of Notice: April 29, 2024 Farmington Daily Times Notice Property owners’ letter: April 29, 2024 Requirements Sign posted: May 6, 2024 Staff Planner Colby Gibson, Planning Manager Background The subject property is zoned General Commercial which permits cannabis retail sales by right. The San Juan County Assessor’s Map shows one 7,230 square-foot commercial building built in 1978. The applicant is requesting a variance to UDC Sec. 2.4.67.C where it states that cannabis sales establishments shall not be permitted within 300-feet of any school, religious institution, registered daycare center, residential use or from another cannabis dispensary. The subject property is within 300-feet of a legal non-conforming residence located at 901 Schofield Ln as well as a property with an approved cannabis variance to the 300-foot distance requirement located at 1932 E. Main St. 71 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-32 2010 E. Main St Suite A Zoning General Commercial 72 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-32 2010 E. Main St Suite A Aerial View 73 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-32 2010 E. Main St Suite A Vicinity Map 261’ 258’ 74  COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-32 2010 E. Main St Suite A STAFF ANALYSIS COMPREHENSIVE PLAN The Comprehensive Plan’s Future Land Use Plan shows this area as ‘Commercial Mixed Use’. This designation supports a wide variety of commercial retail and service uses. The use of cannabis retail sales is permitted in this designation. UNIFIED DEVELOPMENT CODE COMPLIANCE UDC Section 2.4.67 Recreational cannabis sales This section of the Unified Development Code outlines the standards for retail cannabis sales establishments. A. Retailers of Recreational cannabis shall be licensed by the New Mexico Cannabis Control Division; Standard met B. Retail sales are permitted in the CB, GC, and I zoning districts only; Standard met C. Such uses shall not be permitted within 300 feet of any school, religious institution, registered daycare center, residential use, or from another cannabis dispensary; Standard not met. As measured by the UDC, the proposed cannabis facility is 261-feet away from the legal non-conforming residential use and 258-feet away from the approved cannabis sales retailer located at 1932 E. Main St. D. Sales and consumption is not permitted on public property or in public places; Standard met E. Business hours shall be from seven in the morning till eleven in the evening; Standard met UDC Section 8.12 Variances The Unified Development Code states that variances may be granted if it is found that the strict enforcement of the UDC would create a substantial hardship to the applicant by virtue of unique special conditions not generally found within the vicinity, and that the granting of a variance would preserve the spirit and intent of the UDC and would serve the general interests of the public and the applicant. The following criteria has been used per UDC Sec. 8.12.4 variance criteria: (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; This criterion is met. In staff’s opinion there are two special circumstances existing which meet this criterion. The first is a legal non-conforming residence located at 901 Schofield Ln which is located within the General Commercial zoning district. The residence is part of an attached commercial warehouse adjacent to the residence which is unique. Secondly, the property located at 1932 E Main despite being used as an automotive detail shop, has received an approved variance to allow a cannabis sales establishment. The Unified Development Code does not specify whether or not the establishment has to be in use. (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; This criterion is not met. A literal interpretation of this code is applicable to all of the surrounding properties in this district. Several of the surrounding properties are also 75  COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-32 2010 E. Main St Suite A within 300’ of the two protected uses described in UDC Sec. 2.4.67.C and would require a variance in order to operate a cannabis establishment of any kind. (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; This criterion is met. The applicant has demonstrated that this request is a minimum easing of the code. The code requires the 300-foot measurement be taken from closest property line to closest property line. Per this measurement the residence and property located at 1932 E. Main St are approximately 261-feet and 258-feet away from the subject property which is less than 50-feet from meeting the 300-foot requirement. Additionally, there are building structures as well as a roadway (Schofield Ln) that separate the uses. The properties are more than 300-feet away when measured premise to premise. Specifically, when measured from closest portion of the two buildings the residence is more than 309-feet away and the property located at 1932 E Main St is more than 333-feet away. (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; This criterion is met. The intent of the code is to separate cannabis uses from residential uses and to ensure cannabis uses are not being clustered within any one area of the City. The subject property as mentioned in the previous section is more than 300-feet away (measured premise to premise) from the residential use and approved variance property at 1932 E. Main St and is also buffered by buildings and the Schofield Ln right-of-way. The distance and buffering provide adequate separation. While the property at 1932 E. Main St has an approved cannabis variance and could operate in the future, it is not currently in use. The granting of the variance is in harmony with the general purpose and intent of the code. (5) That the proposed variance will not permit a use not otherwise allowed in the underlying district; This criterion is met. The proposed variance will not allow any use not allowed in the district. (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; and This criterion is met. No nonconforming uses have been considered. (7) That the applicant would suffer an unnecessary hardship if the variance requested were denied. This criterion is met. The applicant has expressed difficulty in finding an appropriate location for cannabis sales in the City of Farmington. Seemingly this property met all of the requirements until staff discovered two special circumstances nearby as discussed in the first section. If the variance request was denied, this property would not be eligible for cannabis sales, despite being appropriately zoned. 76  COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-32 2010 E. Main St Suite A PUBLIC COMMENTS This petition has been properly noticed. Letters were sent to five (5) surrounding property owners. At the time of this report staff has received one phone call from an Affected Party opposing the petition. STAFF CONCLUSION • The proposed variance meets six (6) of the seven (7) variance criteria as outlined in UDC Section 8.12. • The proposed cannabis retail sales use is supported by the Comprehensive Plan’s ‘Commercial Mixed Use’ designation. • The proposed use is not expected to have a negative impact on the environment or surrounding area. STAFF RECOMMENDATION The Community Works Department recommends APPROVAL of Petition CV 24-32, a request from Corbyn Foster for a variance to UDC Sec. 2.4.67.C where it states that cannabis sales establishments shall not be permitted within 300 feet of any school, religious institution, registered daycare center, residential use or from another cannabis dispensary for property located at 2010 E. Main Street Suite A, in the General Commercial district with the following conditions of approval: 1. A City of Farmington business registration will be required. 2. A building/fire inspection shall be required. 3. A building permit shall be required for any remodeling. . 77 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-32 2010 E. Main St Suite A 78 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-32 2010 E. Main St Suite A 79 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-32 2010 E. Main St Suite A 80 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-32 2010 E. Main St Suite A 81 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-32 2010 E. Main St Suite A 82 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-32 2010 E. Main St Suite A 83 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-32 2010 E. Main St Suite A 84  COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-32 2010 E. Main St Suite A Affected Parties within 100-feet 85 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-32 2010 E. Main St Suite A 86 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-32 2010 E. Main St Suite A 87 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-32 2010 E. Main St Suite A 88 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-32 2010 E. Main St Suite A 89 COMMUNITY WORKS PLANNING STAFF REPORT PETITION ZC 24-32 2010 E. Main St Suite A 90