Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive May 30, 2024 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the May 16, 2024 P&Z Meeting 4 Open Meeting Act Presentation – City Clerk Andrea Jones 5 Quasi-Judicial Presentation – Legal Department 6 Business From Floor: Chairman: Members: Staff: 7 Adjournment 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 May 16, 2024 The Planning & Zoning Commission met in a regular session on May 16, 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 Brown Cody Waldroup Jennifer Wood Gary Hanson Amber Hodge P&Z Members Absent Cheryl Ragsdale Clete Berens Shay Davis Staff Present: Colby Gibson Mike Safrany Joaquin Gonzalez Tami Spencer Others Who Addressed the Commission Kim DuTremaine Shawna Allison Becenti Rick Agnetti Alan Albo Rose Caryl Darah Tabrum Keith Neal Xavier Valdez Jimmy Florez Yarixa Delgado Corbyn Foster Bryan McCarty Jose Frias 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 Hodge to approve the agenda of the May 16, 2024 Planning & Zoning Commission meeting with the noted changes.  Item #4 was withdrawn by the petitioner  Item #5 will be heard last  All other petitions will moved up on the list 1 This motion passed unanimously by a 6-0 vote. Approval of the Minutes A motion was made by Commissioner Waldroup and seconded by Commissioner Hodge to approve the minutes of the April 25, 2024 Planning & Zoning Commission meeting. This motion passed unanimously by a 6-0 vote. Petition ZC 24-30 – A request for a Zone Change from General Commercial to Planned Development for a 1.18 acre. Lot located at 1113 W. Apache St. Senior Planner Safrany Presented the Following: Petition Information Petitioner: Kim DuTremaine Location: 1113 W Apache St. Zoning: GC: General Commercial District Request: A request for a Zone Change from GC, General Commercial to PD, Planned Development to allow for a group care facility. Applicable Code(s):  UDC, Section 2.4.25 - Group Care Facilities  UDC, Section 4.1 - Planned Development (PD)  UDC, Section 8.7 – Zoning Map Amendment (Rezoning) Existing Conditions • The property is 1.19 acres • The property is zoned GC: General Commercial. • The current use is nonconforming multifamily. • There are eight (8) singlewide mobile homes and one (1) doublewide mobile home on the property. • There is one two-story four-plex on the property. • There is one two-story residence on the property. • A six-foot high concrete masonry wall surrounds the property. 2 W. Apache St. Facing Southwest W. Apache St. Facing Southeast 3 South of Property facing W. Apache St. Zoning Map 4  Proposal • Seeking a zone change to allow for a group care facility • The two-story residence will be occupied by staff 24/7 at a staff/resident ratio of 1 per 8 residents • The two-story four-plex will be rented as transitional housing • The doublewide mobile home will be used as a community center with group and individual counseling rooms • The singlewide mobile homes will house up to 40 male individuals (5 maximum per mobile home) • All occupants must participate in Level II intensive client treatment with Cottonwood Clinical Services • Typical length of treatment will be 4 to 6 months before transitioning to independent living • No participants are allowed to own a vehicle and they will be monitored for alcohol and other drug use regularly Nonconforming Conditions • The existing residential use is nonconforming in the GC: 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. Aerial View of Site 5  Planned Development (PD) UDC 4.1.5 - Allowed Uses UDC 4.1.6 – Density and Dimensional Standards UDC 4.1.7 – Master Plan Requirements UDC 4.1.9 – Additional Conditions 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. 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. UDC, Sec 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 client 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. 2040 Comprehensive Plan Map 6  2040 Comprehensive Plan Designation UDC, Sec 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) 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% UDC Sec 4.1.7 Master Plan Requirements A. A comparison of the proposed development with the standards of the underlying zoning district. 7 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 uses per acre. Include traffic, open space, character and architectural style and the relationship to existing development in the area. The owner has provided the required information as part of this partition. 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. 8  Proposed Site Plan D. A 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. 9  60-FOOT BUILDING SEPARATION F. A statement of how the proposed development is consistent with the comprehensive plan. 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. UDC, Sec 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. Zoning Map Amendment (Rezone) UDC 8.7.4 – Issues For Consideration A. Is the proposed zoning consistent with the Farmington Comprehensive Plan? 10 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. 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? 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 11 transitional living and counseling campus. A planned development for a group care facility is appropriate zoning at this location. UDC, Sec 8.1.7 Required Public Notices Letters were sent to four surrounding property owners. Legal notice was published and a sign was posted on the subject property. At the time of this report, one phone call of opposition has been received from an affected party within 100 feet. Multiple letters of support have been received from interested parties. List of Interested Parties in Support of the Petition 12  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. 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. Discussion Chair Freeman asked for clarification on a Planned Development (PD). His understanding of a PD is the petitioner would turn in a site plan and that changes cannot be made without authorization. He asked if the changes would be made administratively or would the petitioner have to go back to Planning & Zoning and City Council. Senior Planner Safrany stated that it would depend of it was a minor or major amendment. Petitioner Kim DuTremaine 653 W. Arrington Ave., Farmington NM Ms. DuTremaine explained a little bit about Cottonwood Clinical Services, Inc. They are one of the largest substance abuse disorder and mental health counseling agency in Farmington. They are contracted with Magistrate Court, Municipal Court, and District Court. They do Young Adult Court, and DWI Court. They have been a mainstay here for 17 years and they have a really good reputation and provide exemplary services. She added that Ironwood Gym is part of Cottonwoods services. It’s a physical health component to behavioral health. Behind Ironwood Gym is Locke Street Eats that is a sober, safe environment where people can learn how to have fun in sobriety. When people have made it through the program and are doing well they offer vocational opportunities. They run 60+ groups a week. Ms. DuTremaine added that Brenda’s House of Hope is considered temporary housing. To be considered for the temporary housing you need to be a client of Cottonwood Clinical Services, Inc. 13 They have to be in Level 2 Intensive outpatient Treatment. People are more successful if they are in a safe structured environment instead of being at home with their families who may be using substances every day. Their goal is to be able to give their clients more support. Everyone who is accepted into Brenda’s House of Hope will have a comprehensive assessment, they know who their clients are. They know what their behavioral health condition is, what their substance abuse issues are, what their criminal situation is and many of them will be on probation. Ms. DuTremaine feels that them being on probation is another layer of support and structure and they are highly monitored. The clients at Brenda’s House of Hope will not be violent offenders, sex offenders and won’t be on medically assisted treatment. It is complete 100% abstinence. If there is reasonable suspicion drug testing can be done on site. Part of the IOP program includes drug testing a few times a week. Brenda’s House of Hope will have staff and supervision 24/7, there are house managers for each house. They will have intensive outpatient group therapy, individual counseling, clients will be taken to Ironwood Gym for outside activities. While the clients are at Brenda’s House of Hope they will receive medical and dental care and they will immediately looking at discharge. What is the discharge plan, where will they be going, they hope to have them completely set up so that it is a smooth transition to where ever it is that they are going. Ms. DuTremaine feels that this area will be safer than it is now. This location will be supervised and there will be security cameras. The residents will be assessed and vetted and they are in treatment. The Commission Asked Ms. DuTremaine: 1. You anticipate that there will be five men per mobile home. How do you accommodate five men in a single wide? 2. Will there be activities on site? 3. How will you secure the property? 4. How are the clients chosen for this program? 5. How would you feel about adding a gate to keep people out? 6. Will these clients be coming from in client treatment? 7. How long does the client stay in this program? Petitioner DuTremaine Replied: 1. There will be bunk beds in each room and there are two bathrooms. 2. There will be 9-19 hours of counseling per week. When they are not in counseling they will be going to the gym, going to parks, hiking, fishing and many other activities. 3. There is a curfew, but the clients, within reason, can come and go as they please. They will not be able to drive or keep their vehicles on site. 4. They must be clients of Cottonwood Clinical Services and may choose to go into the program or it may be strongly suggested that they go through the program. 5. They have thought about and wouldn’t be opposed to gating the property. She added that there is not a real problem with transients coming through the property. If it is added as a condition, she asked for some time because it could be costly. 6. Many of them may be, and they will abstinent for 30 days. From the moment they enter the program they will be urine tested one to two times a week. 14  7. This program runs for four to six months, however long that their level 2 program lasts. Affected Party Cross Examination Shawna Allison Becenti, Representing Navajo Prep, 1220 W. Apache St., Farmington NM Ms. Becenti asked Petitioner Kim DuTremaine if she could explain the Level 2 Intensive outpatient Treatment, the legal definition of a violent crime and more about the security. Ms. Becenti asked Ms. DuTremaine to explain the house managers experience and education background. She also asked for the percentage of court ordered clients. How they would keep the line of communication open with Navajo Prep and, do they have any other facilities near a school? Petitioner Dutremaine Replied: Ms. DuTremaine explained that Level 2 as American Society of Addiction Medication (ASAM) states that it goes off of someone’s medical condition. The higher risk they are medically, maybe they have high blood pressure, cirrhosis, diabetes, PTSD or being bi-polar their level goes up for the need for treatment because if they continue substance abuse they will need higher care. Or if their living environment is not conducive to not being able to be out and getting treatment then the level goes up. The client’s motivation is also a factor, if they are motivated the level will go down. If they are not motivated, then the level would go up. Withdrawal potential and acute intoxication would also play into the level. There are many more factors that will determine what level a client would go into. Ms. DuTremaine explained their definition of violent crime would be assault charges, battery against a household member and battery with a dangerous weapon charges. We will not take anyone that has crime against children or sexual offenses against a children. The property will have security cameras, the mobile homes will also have security cameras outside, that way they can keep tabs on who is coming and going. Staff will be living onsite in the big house. She added that each house will have a house manager who is in charge of keeping that house secure. The house manager will also do bed checks every hour. Rick Agnetti, 1113 W. Apache St., Farmington NM Mr. Agnetti is replying to the house manager question from Ms. Becenti: He stated he helped run a 365 re-entry program for the Department of Corrections in Phoenix. He also ran a residential facility for 10 people. The house manager is in charge of everything from making sure they get up on the morning to making sure they are in bed at night by curfew. He also ran New Life Wellness in Flagstaff, AZ which was a 50 unit facility. There was another facility for woman and children in south Phoenix which had 20 – 30 people. He added that you learn how to address people properly, respecting people’s heritage and culture. The Commission Asked Mr. Agnetti: 1. In your experience, what do you think what do you think the risk that this present to the school and the neighborhood? 15 Mr. Agnetti Replied: 1. He actually believes the risk will go down for the neighborhood and the school. The people living in the mobile homes now probably pose a greater risk. They are month to month renters and are not vetted. The house manager is basically safety staff, they stay and monitor the house from 8:00 pm to 6:00 am. They do hourly checkups that are documented, to make sure everyone is in bed or where they are supposed to be. Once the client is in at the 10:00 pm curfew they cannot leave the mobile home until the next morning. There are security cameras all over the property to keep watch over the comings and goings. There is very little time that is not accounted for. Petitioner DuTremaine Replies to Ms. Becenti’s other questions: The staff are all certified peer support workers, and comprehensive community support workers. They are all certified through the State of New Mexico, Behavioral Health Division. They have a large percentage of court ordered clients. Ms. DuTremaine estimated about 50% are court ordered. Just because it is court ordered, does not mean that they had been in jail or prison. It could be for any reason. Ms. DuTremaine is completely open and thinks it would be great to have meeting with Navajo Prep. She wants to be a good neighbor. They could schedule monthly meetings or as often as Navajo Prep would like to have them. Currently, they have a location just south of Apache Elementary School and they have never had any problems. Affected Parties Shawna Allison Becenti, Representing Navajo Prep, 1220 W. Apache St., Farmington NM Ms. Becenti is the head of and a graduate of Navajo Preparatory School, and is representing the Navajo Nation. The school has been there since 1912 as a Navajo Methodist Mission, Mission Academy, and Navajo Academy. In 1991 it became Navajo Preparatory Schools. In 1995 the Navajo Nation purchased the land. Ms. Becenti is speaking on behalf of the Navajo Nation. They are 9 th – 12th grade international Baccalaureate World School, which is a college preparatory school. 95% of the students live on campus Monday – Friday. There are about 20 – 30 that stay on campus for the weekend program. They come from all different parts of the 110 Chapter on the Navajo Nation, and from surrounding Four Corners Area. They come from all over the United States. They have been a learning institution for over 100 + years. Ms. Becenti stated that she loves the idea and supports Cottonwood Clinical Services Inc. She sees the need for support and transitional program. She is at this meeting to ask what more and what next does the school have to face with safety and security. She added that the some of the families living in the mobile home area have lived there for many years. There has been very little police activity from that location. They are adjacent to New Beginnings, a transitional home for woman. They school had to fence their property because of domestic situations spilling onto their campus. The have to look out for the safety 16 of the 1300 students that reside there. They have invested quite a bit of money to keeps the students safe. She feels the more they think about respecting schools and their boundaries. In this society, you never know. It’s not if something happens, it’s when it will happen. Interested Parties Alan Albo, 1100 Santiago Ave., Farmington NM Mr. Albo stated that he is a long time resident of Farmington and has worked for Cottonwood Clinical Services, Inc. for 11 years. Mr. Albo has suffered from live long addiction and because of his addiction he was incarcerated in the state prison. When he was released he decided that he did not want to go down that route again and he made some life changes. He had a significant amount of treatment and recovery activity. He was lucky he had family support and was able to attend college and get a master’s degree. Now he is a licensed social worker and alcohol/drug abuse counselor. He feels with the support he received from his family and the foundational component of his recovery that he would not have made it and would not be here speaking to the Commission today. Mr. Albo also stated that after being on both sides of the fence he works with a significant amount of men. You get them out, they do some good work on themselves. Then they get sent back to the lions den where everyone around them is using and you lose them to the addiction again. He has worked with generational addiction, passed down from grandfather, to father to son. This program offers the reprieve, as they are getting back into their normal, emotional, biological state the can start to learn how to function in society. One thing that Cottonwood Clinical Services, Inc. offers is a GED program and it helps them recognize that they can build a life for themselves. But without a safe place to sleep you are back in the lion’s den. The Commission Asked Mr. Albo: 1. How does this program help these men transition back into their environment? Mr. Albo Replied: 1. They are helped to get a full time job, and open a saving account so when they do complete the program, they can get their own place to live. They offer Confidence Community Support Services (CCSS) which is a state agency that helps them find resources in the community. Like finding a job and a place to live, dental and medical services. The services provided have to be comprehensive. Rose Caryl, 62 Road 5185, Bloomfield NM: Ms. Caryl stated that she is a licensed alcohol and drug abuse counselor and she also does CCSS. She helps people regroup, restart and reevaluate their goals and what they want for their live to be moving forward. The goal is to stop drinking and using drugs and to create a satisfying, great life for yourself. When you plant the seed of hope, it’s amazing how the clients will take off with it. When they start coming to treatment, you can actually watch them blossom. She added that that is what she loves about the CCSS work that she does. Helping them set realistic goals. She also loves that they (at Cottonwood Clinical Services Inc.) offer the GED program and help with getting them into college. At one point she had five students in college and four of them were carrying a 4.0 GPA. There is so 17 much untapped potential there, you plant that little seed of hope to let them know that there is so much more out there than what they’ve known. Ms. Caryl feels that Brenda’s House of Hope would be an improvement in that part of town. It’s a chance to bring something good to this neighborhood. When you bring in some good, good can spread. We can let the bad take over in that neighborhood, or we can be the good that may hopefully take over the bad. This is a positive thing for Farmington. Farmington needs this. Darah Tabrum, 1220 W. Apache St., Farmington NM: Ms. Tabrum is the Associate Head for Advancement Outreach, and she wanted to add a couple of points. Navajo Prep is a large school, it has approximately 84 acres. The students, especially in the evening hours have quite a bit of freedom. As a residential school it brings in students from all over and during the school day there is about 100 staff members. In the evening that number drops substantially, there is less than 15 staff who are actively supervising students across the large campus. That is why they have 24 hour security and have fenced the campus. Ms. Tabrum wanted to touch on a few points brought up by Cottonwood Clinical Services, Inc. She brought up the point that was stated that most of the clients don’t know how to do anything but drink and that it is a good thing that they are on probation as it adds another layer of structure. She feels as a school administrator those are concerning comments because they are tasked with the safety and security of the students. If there is an incident at Walmart, the campus goes into lockdown. You can imagine the additional burden this places on the students and staff as they are locking down the campus. She hopes the Commission might investigate further what a change in the zoning might do as the think how Navajo Prep may have to respond to any potential incidents that may take place. Keith Neil 4906 Carol Creste Dr., Farmington NM: Mr. Neil is the Associate Head of School for Academics and Operations, he stated that he gives full support for need of transitional support for men in San Juan County is a dire need. However, he does not agree with the location. He is responsible for the facility and the 273 students that live on campus 24 hours a day. This area of Farmington has seen a large number of transient and unhoused individuals that have worked their way onto the campus. They have an obligation to the families that have sent their children to Navajo Prep from long distances to keep them safe and secure. Mr. Neil feels that if he didn’t speak out against this potential threat to student safety, that he would not be upholding his duty as a principle. He as a principle is asking the Commission to consider this zone change not take place due to what can be allowed with this planned development. The Commission Asked Mr. Neil: 1. You are talking about how bad the area already is, how do you think that this is going to be more detrimental to Navajo Prep? 2. You speak of issues with New Beginnings, was it one incident or many incidents over the years? 3. What have the incidents that have happened at New Beginnings? Is it people climbing the fence or driving a vehicle onto the property? 4. Ms. DuTremaine stated that her client would have not violent criminal history and be drug and alcohol free, could you elaborate what your concerns are? 18  5. Is there anything that Cottonwood Clinical Services, Inc. can do as far as security is concerned that would make the school feel more at ease? 6. It sounds like the issues from New Beginnings was from visitors, not the residents. Is that what is worrisome to you that it will be similar to New Beginnings? Mr. Neil Replied: 1. He thinks that there is the potential threat that issues can arise. They are adjacent to New Beginnings, and due to their situation and what they are encountering it bleeds over to their campus. They have had problems for years and now this would be potently adding another location that would bring an increasing number of individuals that are in a similar situation in close proximity. 2. In the course of a year, it would probably happen three to four times. We know that all of New Beginnings best efforts to try to maintain safety and keep them separated still have not been enough to keep that from coming over to Navajo Prep campus. Navajo Prep has security cameras that are manned 24 hours a day to help keep the campus safe. 3. Both, previously, Navajo Prep has had to build a fence to separate them from New Beginnings. 4. One of the concerns is that they may have a criminal history and the addiction aspect. Even though they may be fighting their addiction, we now how easy it is to return to the addiction. 5. Maybe having their own 24 hour monitored security as well as the cameras, and having a conversation to able to hash out any security issues. 6. He stated that is a concern. He is more worried that if a client doesn’t make curfew or comes in intoxicated, what happens to them. Do they just wander around the area looking for a place to stay because they are not let back onto the property? Xavier Valdez, 5602 Arroyo Dr., Farmington NM: Mr. Valdez wanted to give his perspective from someone who has been in a sober/transitional living program very similar to what Brenda’s House of Hope is doing. He was at a client facility in Texas and had a solid job in Albuquerque, New Mexico. He had never giving it a thought to stay out there and doing any type of sober living. He was just going to go back to the same life he had before. The further he got along in the client process the more he realized he wasn’t quite ready. He made the decision that sober living was the best option for him, he stayed with the sober living program for about six months. Then he transitioned back to New Mexico. He met so many good people, role models and the house managers. He had so many conversations with people that had been sober for three, five and even ten years. He met people his own age that he learned how to have fun with. They would have meetings where they would tell each other what they are grateful for that week, it would turn into a very positive experience where they could all bond together. It was an amazing experience that he never would have had when he was using and drinking. He was only able to have this experience because of a facility like this, where he felt safe and was able to bond in a sober way. He added that with the monitoring, drug testing, programs, counseling and all the different activities going on, there was nothing nefarious going on there. If you were not abiding by the rules and regulations of the facility, you were not allowed to reside there anymore. He feels as far as the safety is concerned, he doesn’t see anything different happening there. If there was anything going on at the facility it would be seen and taken care of. 19 Brian Myers, 708 S. 1st St., Bloomfield NM Mr. Myers wanted to stand in support of Brenda’s House of Hope and Cottonwood Clinical Services, Inc. He is the director of Byron’s House of Hope and he started a nonprofit called Convicted by Christ, which is a nonprofit prison ministry here in New Mexico. Bryon’s House of Hope is for parolee’s coming out of New Mexico prisons and almost 100% of their clients attend Cottonwood Clinical Services, Inc. for their substance abuse counseling and individual counseling sessions. Mr. Myers has 15 years of experience in working in jail and prison ministries. He is a credential pastor, he has worked at the county jail as Chaplin for three and a half years, and he is the full time director of Byron’s house of Hope. They are the only state approved residential living facility that is recognized by adult probation and parole. The Vice President of Convicted by Christ is through Cottonwood Clinical Services. Cottonwood Clinical Services, Inc. has supported Brian’s program, and they are more than willing to open that door of communication. The clients fill out a release of information so they can talk about the best possible treatment for that individual. They understand how to partner with other community programs. He wanted to testify that he has experienced working with them firsthand they are more willing to go out of their way to maintain a good relationship and a genuineness to provide the best treatment care and counseling for their clients. They have demonstrated that what they do, they do with excellence. They want to maintain safety with their clients in Farmington and the neighborhood. He thinks it could be a viable option for our community. The Commission Asked Mr. Myers: 1. Can you think of any instances where Bryon’s House of Hope had a negative impact on neighbors? Mr. Myers Replied: 1. He can’t say that there have been any instances and they do work with violent crime charges and they work closely with adult probation and parole. You know that there is always the possibility but they handle it with excellence and maintain safety and security. Stacey Romero, 3838 E. Main St., Farmington NM: Ms. Romero is the San Juan County Adult Misdemeanor Compliance Programs AKA Magistrate Probation. They work hand in hand with the local substance abuse providers in Farmington. They have an excellent relationship with Cottonwood Clinical Services, Inc. They are in constant contact with each other to let each other know if there is an issue going on. The Commission Asked Ms. Romero: 1. Do you have any ligament concerns with this location? Ms. Romero Replied: 1. She is actually in support of the location. It’s an excellent source for their clients, there are things in the community that are not working. They need to try something new and this is it. 20 Jimmy Florez, 905 Walnut Dr., Apt. 40, Farmington NM: Mr. Florez is a client of Cottonwood Clinical Services, Inc. and he has been sober for 454 days now because of the treatment he has received. He has successfully completed two of the programs. He feels supported by Cottonwood Clinical Services, Inc. He really appreciates them. The Commission called Ms. DuTremaine and Rick Agnetti back to the podium. The Commission asked Mr. Agnetti: 1. Can you speak to if curfew is missed what happens? 2. Can the release information be put into the PD? 3. What is your policy on visitors? 4. Would that give merit to the gate? Mr. Agnetti Replied: 1. All of the policy and procedures have been gone through during intake. There is an 8:00 curfew, depending on the reason, different things will happen. If you call and say you will be a few minutes late, that is ok. If they don’t show up, the staff will call the client or someone listed as an emergency contact. If they show up 30 to 45 minutes lane with no phone call, it’s an instant drug and alcohol test. If they show up the next morning, they will be accessed and be drug and alcohol tested, then they will be asked what the situation was and depending on the situation there can be a discharge. If the say they relapsed because their father died and they just couldn’t deal with it. If they are honest, then they will be much more willing to work with the client. They can only have two violations. If they are discharged they will not just be placed out on the street, they will be taken either to a homeless shelter or another resource. If there is a relapse it may be time to go back to a 30 day level 3 treatment which Cottonwood Clinical Services, Inc. would take them to the decided on location. 2. It is already in the policy and procedures manual, but it can be added to the PD. 3. No visitors on the property at all. It would be a HIPPA violation. Any visitation would be set up at Locke Street Eats on Saturday or Sunday. 4. It absolutely does, we would just need some time to install the gate. They can be quite expensive. With no further public comment, Chair Freeman closed the public comment portion of the meeting for ZC 24-30. The Commission called staff back to the podium. The Commission Asked Staff: 1. If this is recommend for approval and City Council approved it, what is the repercussion if they violate any of the conditions? 21 Staff Replied: 1. With a Zone Change, there is no revocation of the condition of approval. Commission Discussion The Commission had a discussion regarding the need for services like this in Farmington and San Juan County and then they also see the schools side. Motion A motion was made by Commissioner Hanson and seconded by Vice Chair Brown to Approve Petition ZC 24-30 with the following conditions as recommended by staff. 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. The Planning and Zoning Commission added two more recommended conditions of approval: 1. The petitioner shall build a security entry gate to the property within one year. 2. No clients shall be discharged on W. Apache St. from Airport Drive to the east and W. Main St. (the Y) to the west. AYE: Chair Freeman, Vice Chair Brown, Commissioner Wood, Commissioner Hanson, and Commissioner Hodge NAY: Commissioner Waldroup ABSTAIN: None ABSENT: Commissioner Davis, Commissioner Ragsdale and Commissioner Berens APPROVED 5-1 Roll Call Commissioner Hanson voted aye because it is certainly a need in this community, staff’s report recognized that and they heard that with the letters of support from a variety of social service agencies. In terms of location, it’s not the safest location in Farmington already and it’s not as though this is going to solve the problem, but it is a step in the right direction. Everything that was heard from the applicant suggests that they do a good job making sure that these are people who will be in residents that can be expected to do as they are required to do to comply with the program and they are actively monitored and in that respect he supports this application. Commissioner Wood voted aye because she sees the staff recommendation for approval and it does make sense for the location to be a PD. 22 Chair Freeman voted aye because he feels that this is one of those situations that no matter where it goes in the City of Farmington it’s hard. He feels that there may be the possibility to shine some light in that neighborhood. This may even be a buffer between what’s going on at Walmart and what is going on at the school. Vice Chair Brown voted aye because the petitioner has a long history of success and is making a difference in our community. He likes the supervision and security that they have in place in addition to the gate. It is currently compatible with the current use and the goal with the Comprehensive Plan. He is sensitive to the school and hopes the City would have nuisance laws or other compliance laws that would deter any nuisances. He feels this is much needed in the community. Commissioner Hodge voted aye for several reasons that everyone has stated. It is her hope that once the program has been going on for a while and that there is good communication between the school and Brenda’s House of Hope that maybe there is a good education opportunity. Maybe you all can work together and maybe it will be a good change for the Walmart area. Commissioner Waldroup voted nay because there is not repercussion with a Zone Change. If there were problems that arise, they could come back to address the problems. He is in support in everything that Cottonwood Clinical Services, Inc. especially with men in society, it is definitely needed especially in our community. He just worries that there are no repercussions if problems do arise. She thinks the more you can get the issues out into the community and teach our youth of the dangers then they can see the actual issues that need change, maybe that will be a positive for them. Petition SUP 24-31 – A request for a Special Use Permit to allow for a Body Art Establishment. Located at 420 W. Broadway Ave. Associate Planner Gonzalez Presented the Following: Petition Information Applicant: Yarixa Delgado Representative: Shawna Favor Location: 420 W. Broadway Existing Zoning: Central Business Existing Land Use: Salon and Spa Request: 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 two religious institutions. 23 Subject Property Floor Plan 24  UDC Section 8.9 Special Use Permit A) Effect on environment: o Placement of a body art (permanent makeup) establishment at this location should not be injurious to the surrounding neighborhood. Surrounding uses include banks, small local retail professional services, and barber shops/salons. B) Compatible with surrounding area: 25 o 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. C) External impacts minimized: o 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. D) Infrastructure impacts minimized: o 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. E) Consistent with the UDC and Comprehensive Plan: o The petitioner meets the requirements of UDC Sec. 2.4.63, specifically: F) Parcel size: o 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: o The floor plan complies with the standards of Section 8.5. Public Input o This petition has been properly noticed: o 15 property owner letters sent out; o Publication of notice in the Daily Times. o Public notice sign posted on the property. Staff Conclusion o The proposed body art establishment use is allowed within the ‘Downtown’ designation of the 2040 Comprehensive Plan. 26  o The proposed body art establishment use is compatible with the surrounding area and nearby 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 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. Petitioner Yarixa Delgado, 72 Road 5295, Farmington NM Ms. Delgado is licensed to do permanent cosmetics. She will be working out of a licensed salon. With no discussion needed, Chair freeman called for a motion. Motion A motion was made by Commissioner Waldroup and seconded by Commissioner Hodge to Approve Petition SUP 24-31 with the following conditions as recommended by staff. 1. The SUP shall be effective for five years, at which time the applicant can renew. AYE: Chair Freeman, Vice Chair Brown, Commissioner Wood, Commissioner Hanson, and Commissioner Hodge NAY: Commissioner Waldroup ABSTAIN: None ABSENT: Commissioner Davis, Commissioner Ragsdale and Commissioner Berens APPROVED 5-0 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. Suite A. Planning Manager Gibson Presented the Following: Petition Information o Applicant: Corbyn Foster o Location: 2010 E. Main Street Suite A o Existing Zoning: General Commercial 27 o Existing Land Use: Commercial retail sales o Request: Variance from 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. Subject Property o 0.72 acre property o 7,230 square foot building split into two suites. 28 Subject Property 29  UDC Section 8.12 Variances o Variances may be granted if it is found that: o The strict enforcement of the UDC would create a substantial hardship for the applicant by unique special conditions. o That the granting of a variance would preserve the spirit and intent of the UDC. o Would serve the general interests of the public and the applicant. o The following criteria have been used per UDC Sec. 8.12.4 variance criteria: o Variances may be granted if it is found that: 30  o The strict enforcement of the UDC would create a substantial hardship for the applicant by unique special conditions. o That the granting of a variance would preserve the spirit and intent of the UDC. UDC Section 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; o This criterion is met. o Two special circumstances existing meeting the criteria: o Legal non-conforming residence in the GC zoning district which is connected to a warehouse. o Property located at 1932 E. Main St despite being used as a vehicle detail shop, has received an approved variance to allow cannabis sales. (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; o This criterion is not met. o A literal interpretation of this code is applicable to all of the surrounding properties in this district. Several surrounding properties are also within 300-feet of the protected uses described in UDC Sec. 2.4.67.C and would require a variance. (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; o This criterion is met. o Distance measured per the UDC property line to property line are approximately 261-feet and 258-feet, both less than 50-feet from meeting the requirement. o When measured premise to premise, both uses are over 300-feet away. o Buffered by both structures as well as the street (Schofield Ln). (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; o This criterion is met. o Intent of the code is to separate cannabis uses from residential uses and to prevent cannabis uses from being clustered into areas of the City. o This intent is met as shown by the approximate distances described as well as the street separation. o The retail use is similar to that in the general area and not injurious. o (5) That the proposed variance will not permit a use not otherwise allowed in the district; o This criterion is met. Cannabis retail sales is permitted in the GC zoning district. 31  o (6) That no nonconforming use of neighboring lands, structures or buildings has been or shall be considered grounds for the issuance of a variance; and o This criterion is met. No nonconforming uses have been considered for approval. o (7) The applicant would suffer a hardship if the variance requested were denied. o This criterion is met. The applicant has expressed difficulty in finding an appropriate location for cannabis sales in the City of Farmington. If the variance request was denied, this property would be deprived of the requested use, despite being appropriately zoned. Public Comments o This petition has been properly noticed: o 5 property owner letters sent out; o Publication of notice in the Daily Times. o Public notice sign posted on the property. To date staff has received feedback from an Affected Party, opposing the petition. Staff Conclusion o The proposed variance meets six (6) of the seven (7) variance criteria as outlined in UDC Section 8.12.4. High-priority considerations: o Unique special conditions are present. o Granting of the variance would preserve the spirit and intent of the UDC. o The proposed cannabis retail sales use is supported by the Comprehensive Plan’s ‘Commercial Mixed Use’ designation. o The proposed use is not expected to have a negative impact on the environment or surrounding area and should have a similar impact as the surrounding retail uses. 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. 32  Discussion The Commission and Planning Manager Gibson had a decision regarding a sun setting period to determine the length of time the Cannabis Variance would be in effect. Another option would be that the Cannabis Variance would be tied to the current property owner or the business at the proposed location. These options would be used so there are not properties that have gone out of business and the location would still have the Cannabis Variance or a Special Use Permit attached to it. The Commission Asked Staff: 1. Do we know the status of 1932 E. Main St., are they waiting for the current lease to run out? Staff Replied: 1. It is staff’s understanding that the current tenants were behind on their rent and Mr. Valdez was waiting for the current lease to run out, but the tenants have made their rent current and have signed a long term lease. Petitioner Corbyn Foster, 5400 St. Andrews Dr., Farmington NM Mr. Foster stated that he had not talked to staff regarding the sunset period, but he thinks it makes sense and is amenable to it. Mr. Foster stated that his business would be a retail cannabis operation. He has a farm in Kirtland and everything is going great there. He has had no impact on the surrounding community. Mr. Foster and the Commission had a conversation regarding the sunset period. The Commission Asked Petitioner Foster: 1. Are you strictly retail, will there be any extraction or processing done at this location? 2. Tell us about your security system. Petitioner Foster Replied: 1. It will be strictly retail, he would like to be able to do some packaging there, which is allowed with his license. There will not be any extraction, cooking or growing at this location. 2. The security system is outlined by the state. They will have a 24/7 actively monitored system that would call the police and him if anything was to happen. They are required to keep the security footage for 30 days. He has had no security issues at his other location and they have the standard security required by the state there. Mr. Foster and the Commission had another conversation regarding the sunset period. 33  Affected Parties Bryan McCarty, 7631 Tuscany Way, Farmington NM Mr. McCarty stated he has property 2004 E. Main St. and 1041 Schofield Ln. And for the record he was against the 1932 E. Main Cannabis Variance, but was out of town and unable to attend the meeting, he did however put in a phone call to City Council. This location is directly touching his property to the east. The City has approved a grow facility at 1717 Schofield Ln., which he was also against. He is against this variance too. He has residential multi-family property at 1041 Schofield Ln. that he intends to build apartments there. He just listened to two hours about a treatment center that wants to go in on Apache St. and the problems with drugs and gateway drugs. We are trying to fix the problem with treatment facilities and now they want to put more cannabis dispensaries in town. While it is legal in some states, it is still against the law federally. Staff has recommended approval for this petition and he feels that it is a complete contradiction by staff. There are too many marijuana shops in this area already. It’s crazy that Planning & Zoning can recommend denial but City Council can reverse the recommendation and approve the petition. Put them on the east side of town by Pinon Hills Blvd, Lowes and the church to see how they like that. He is not against this, but he thinks that the city does not have a clear vision on this particular topic. 1041 Schofield Ln is less than a quarter mile from this location and three will be 16 apartments built there. He also feels that the 300 ft. rule should be further than that. With no further public comment, Chair Freeman closed the public comment portion of the meeting for CV 24-32. The Commission and staff had another discussion regarding the sun set period. With no further Commission discussion needed Chair freeman called for a motion. Motion A motion was made by Vice Chair Brown and seconded by Commissioner Waldroup to DENY Petition CV 24-32. AYE: Commissioner Hanson NAY: Chair Freeman, Vice Chair Brown, Commissioner Hodge and Commissioner Waldroup ABSTAIN: None ABSENT: Commissioner Davis, Commissioner Ragsdale and Commissioner Berens APPROVED 4-1 34  Roll Call Commissioner Hodge voted aye because there is a lot of variance going on here and there is opposition from the person in the middle of this location and it is not the best location for a cannabis dispensary. Commissioner Waldroup voted aye for the fact that there is the 300 ft. rule. It’s the same reason he votes no every time. Vice Chair Brown voted aye because the next door property owner has stated his opposition. He is a little upset because this location is zoned properly when so many of the other locations are not. Chair Freeman voted aye for the same reasons already stated. Commissioner Hanson voted nay based on the majority of criteria for granting the variance. Petition ZC 24-28 – A request for a Zone Change from Mixed Use to General Commercial to allow for mini storage units located at 1709 W. Main St. Planning Manager Gibson Presented the Following: Petition Information o Applicant: Jose Luis Frias - Ortega o Location: 1709 W. Main Street o Existing Zoning: Mixed Use o Existing Land Use: Undeveloped. Previous mobile home residence o Request: Approval for a zone change to General Commercial (GC) 35 Surrounding Uses 36  Draft Site Plan o Self-storage Units o (12) 5’ x 8’ units o (16) 8’ x 10’ units o (22) 8’ x 20’ units o Office o Required to meet UDC Dev. Standards o Off-Street Parking o Landscaping o Access Management 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 a wide variety of commercial retail and service establishments. o General Commercial zoning is permitted, otherwise recommended in this designation. 37  B) Is the proposed zoning and land use compatible with the present zoning and uses of nearby property and the character of the neighborhood? o Surrounding zoning GC, MU, and IND. o Widely varying uses- fast food restaurants, mobile home sales, vehicle sales/detail, insurance, salon/spa, and children’s home (west), residence (south). o U.S. HWY 64 has a high volume of traffic and intensity. o General Commercial is compatible with surrounding zoning and uses. 38 C) Will there be adverse impacts; and/or can any adverse impacts be adequately mitigated? o GC zoning will have no impact on surrounding GC and IND districts. o GC allows more intensive uses than the adjacent MU districts (up-zoning), potentially creating adverse impacts on these uses or potential uses. o More vulnerable uses: o Four Corners Children’s Home to the west o 200-feet away from the nearest residence in the children’s home. o Buffered by a vacant lot and Gower St right-of-way. o Existing 6-foot tall privacy fence surrounding the nearest children’s home residence. o Single-family residences to the south o Over 900-feet away from residence. o Buffered by large lot and vegetation. o Applicant has spoken with the property owner who states no issue with the application. D) Is the proposed density and intensity of use permitted in the proposed zoning district? o The proposed density and intensity of the proposed use is permitted. 39 E) Is the site physically suitable for development of uses and density permitted by the proposed zoning district? o The majority of the parcel is suitable for development. The long and narrow portion on the south east corner is not suitable due to the narrow width and significant slope. 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. G) Does the proposed change constitute “spot zoning” as defined in Article 11, definitions? o The change to General Commercial is supported by the Comprehensive Plan, therefore this petition could be approved without creating an instance of spot zoning. o Majority of this corridor is zoned General Commercial. Public Input o This petition has been properly noticed: o 5 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 & Recommendation o The proposed zone change to General Commercial is supported by the ‘Commercial Mixed Use’ designation of the 2040 Comprehensive Plan. o The proposed zone change to General Commercial and self-storage use is compatible with the zoning and uses within the surrounding area. o 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. All development on the site shall conform to the standards outlined within the Unified Development Code of the City of Farmington. Petitioner Jose Frias, 2413 Camino Rio, Farmington NM Mr. Frias has owned the property for a few years and has decided to build a self-storage there. He would like a Zone Change to General Commercial to match the properties around his. With no public comments, Chair Freeman called for a motion. 40  Motion A motion was made by Commissioner Waldroup and seconded by Commissioner Hodge to Approve Petition ZC 24-28 with the following condition as recommended by staff. 1. All development on the site shall conform to the standards outlined within the Unified Development Code of the City of Farmington. AYE: Chair Freeman, Vice Chair Brown, Commissioner Wood, Commissioner Hanson, and Commissioner Hodge NAY: Commissioner Waldroup ABSTAIN: None ABSENT: Commissioner Davis, Commissioner Ragsdale and Commissioner Berens APPROVED 5-0 Business from the Floor: There was no business from the floor. Business from the Chair: There was no business from the Chair. Business from the Members: There was no business from the Members Business from Staff: Planning Manager Gibson thanked the Commission for their time and consideration and that it is important to the petitioners to feel heard. He added that Council did approve the three petitions, the two horses, the daycare center and the tattoo zone change. Mr. Gibson added that he brought up the design standards discussion with City Manager Mayes. Mr. Mayes is going to make the Council aware of that. He feels that is his due diligence to ensure that something that has been reported to him that is happening at the Planning & Zoning meeting that it gets presented to City Council. Mr. Gibson will provide any updates. Adjournment: With no further business, a motion to adjourn was made by Commissioner Waldroup and seconded by Commissioner Hodge The motion carried unanimously 5-0 and the meeting was adjourned at 6:37 p.m. _______________________________ _________________________________ Clint Freeman Tami Spencer Chair Administrative Assistant 41  New Mexico Open Meetings Act Presented by: City Clerk Andrea Jones Provided by: The Office of the New Mexico Attorney General 43 The Quasi-Judicial Process Presented by: City Attorney Jennifer Breakell 45