Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive June 13, 2024 - 3:00 p.m. Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the May 30, 2024 P&Z Meeting 4 Presentation/Action Open Meeting Act Resolution 2024 5 Petition SUP 24-36 – A request for a Special Use Permit to allow for cannabis cultivation at 3100 La Plata Hwy. 6 Business From: • Floor: Comments are accepted in person, limited to three (3) minutes and to items that are not listed on the agenda. No formal action will be taken at this meeting relating to comments provided from the floor. • Chairman: • Members: • Staff: 7 Adjournment Petition items on this agenda will be scheduled for the next City Council Meeting – June 25, 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 May 30, 2024 The Planning & Zoning Commission met in a regular session on May 30, 2024 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. P&Z Members Present: Vice Chair Brown Cheryl Ragsdale Cody Waldroup Gary Hanson Clete Berens Shay Davis P&Z Members Absent Chair Freeman Jennifer Wood Amber Hodge Staff Present: Joaquin Gonzalez Jennifer Breakell Andrea Jones Tami Spencer Others Who Addressed the Commission None Call to Order Vice Chair Brown called the meeting to order at 3:00 p.m. Approval of the Agenda A motion was made by Commissioner Davis and seconded by Commissioner Hodge to approve the agenda of the May 30, 2024 Planning & Zoning Commission. 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 May 16, 2024 Planning & Zoning Commission meeting. This motion passed unanimously by a 6-0 vote. 1 Open Meeting Act Presentation Presented by City Clerk Andrea Jones: 2 3 4 5 6 City Clerk and Commission Discussion 7 The City Clerk and the Planning & Zoning Commission had a brief discussion regarding the Open Meeting Act (OMA) Quasi-Judicial Proceedings Summarized Presented by City Attorney Jennifer Breakell: The whole reason the meetings are Quasi-Judicial is that the Commission deals with due process, you are dealing with someone’s ability to use their property, how they are going to use it, what they want to do with it, and if they are going to be able to do it. That is why you do the Quasi-Judicial Process to ensure the due process rights are preserved and that everybody who is an affected party has the right to cross examine staff, petitioner, affected parties and each other. That is why you want to make sure to follow that process. The Commission had questions regarding closed sessions, recusing oneself from a meeting. What if the petitioner does not show up, or if the meeting is running long. The Commission also asked about the Cannabis Ordinance. 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: Associate Planner Gonzalez let the Commission know that the UDC Standards was adopted at the last City Council. The two items on the consent agenda, the zone change for the storage sheds and the body art establishment were both approved. The zone change on Apache St. was also approved with a motion of 4-0. The cannabis variance for Corbyn Foster was also approved 3-1 with a sunset provision. Adjournment: With no further business, a motion to adjourn was made by Commissioner Waldroup and seconded by Commissioner Davis. The motion carried unanimously 6-0 and the meeting was adjourned at 3:40 p.m. _______________________________ _________________________________ Ryan Brown Tami Spencer Vice Chair Administrative Assistant 8  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-36- 3100 La Plata Hwy – Cannabis Cultivation PROJECT INFORMATION Applicant Irving Lin Representative Brandon Pino Date of Application May 2, 2024 A request for a Special Use Permit and a Variance to the 300- foot distance requirement from a cannabis cultivation facility to a Requested Action residential use, as outlined in UDC Section 2.4.71 for cannabis cultivation. Location 3100 La Plata Hwy Legal Description SAN JUAN CONCRETE SUBDIVISION LOT 1 BK.1538 PG.928 Existing Land Use Vacant Existing Zoning Industrial Future Land Use Commercial Mixed Use Designation North: Rural Agricultural; Residences Surrounding South: Rural Agricultural; Commercial Businesses, Residences Zoning & Land Use East: Rural Agricultural; Vacant Land West: General Commercial; Sinclair Gas Station, Publication of Notice: May 27, 2024 Farmington Daily Times Notice Property owners’ letter: May 27, 2024 Requirements Sign posted: June 3, 2024 Staff Planner Joaquin Gonzalez, Associate Planner Background: The subject property is located on a 9.5-acre parcel and is zoned Industrial. The building they will utilize is a 4,960 square foot service garage. The building is currently vacant. As measured by the UDC, the proposed cannabis facility is zero-feet away from the nearest residential use. Within 300 feet of the subject property are 5 residential lots with a total of 13 residential units. Request: The petitioner is requesting a Special Use Permit to allow for cannabis cultivation. As part of this Special Use Permit petition, the applicant is requesting a variance to the 300-foot distance requirement from a cannabis cultivation facility to a residential use, as outlined in UDC Section 2.4.71. 9 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-36 3100 La Plata Hwy ZONING INDUSTRIAL (IND) 10 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-36 3100 La Plata Hwy AREA MAP 11  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-36 3100 La Plata Hwy AERIAL VIEW 12  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-36 3100 La Plata Hwy SITE PLAN 13  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-36 3100 La Plata Hwy Properties within 300ft Residential Uses 14  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-36 3100 La Plata Hwy UNIFIED DEVELOPMENT CODE COMPLIANCE UDC SEC. 8.9 – SPECIAL USE PERMITS o 8.9.1 Purpose: Allows for City Council discretionary approval of uses with unique or widely varying operating characteristics, neighborhood compatibility uses, or unusual site development features, subject to the terms and conditions set forth in this UDC. o 8.9.2 Applicability: Special Use Permits may or not be appropriate in a given zone district depending upon the nature and compatibility of surrounding uses, and mitigating site- specific conditions or requirements. Such uses require individual review of their location, design, configuration, density, and intensity, in order to determine whether or not a use should be allowed; and may require the imposition of additional conditions in order to ensure the appropriateness and compatibility of the use at a particular location. o Special use permit approvals attach to the property and are transferable to subsequent owners. o 8.9.3 Special use application process: The Special Use Permit application process shall be followed per UDC Sec. 8.9.3 o Pursuant to UDC 8.9.3(H) the Special Use Permit may be revoked by this section whenever: o It is determined that a use of property for which a special use permit has been granted is not being conducted within the terms of the special use permit including [section] 8.9.4 special use criteria; that such use has been allowed to accumulate litter or debris, to be a public nuisance, to an attractive nuisance to children, or to attract vagrants, criminals or public intoxication; or is otherwise detrimental to the public health, safety or welfare. o Before the special use has commenced, and it is determined that such special use is not in the public interest; or o The owner of the property affected petitions for revocation. o 8.9.4 Special use review criteria: Special use permits may be approved where it reasonably determines that there will be no significant negative impact upon residents of surrounding property or upon the public. As part of this Special Use Permit application review, staff has considered the following criteria: A. Effect on environment: The location, size, design, and operation characteristics of the proposed use shall not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants and shall not be substantially or permanently injurious to the neighboring property. Placement of a commercial cannabis cultivation facility at this location is not expected to be detrimental to the surrounding area. Based on research from the National Institute of Health (NIH) there have not been any sustained health effects related to the operation of a cannabis cultivation establishment. Cultivation will be carried out indoors and meet the New Mexico Cannabis Control Division 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. 15  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-36 3100 La Plata Hwy The existing building is in good shape and harmonious with the character of the surrounding area. The building is a 4,960 square foot service garage. No exterior modifications are planned for the service garage. While the proposed use of commercial cultivation is compatible with the surrounding commercial uses of the area, commercial cultivation is not compatible with the 13 residential uses. Research into the matter from well trusted sources and staff onsite visits to established cultivation facilities in Farmington validate that there is often a pungent odor associated with the flowering portion of the cannabis cultivation process. The odor creates an adverse impact to the existing residential uses and therefore not compatible. 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 through the creation of noise, glare, fumes, dust, smoke, vibration, or fire hazard. However, the proposed commercial cultivation facility does have the potential to cause pungent odor to the existing residential uses. Since the legalization of cannabis in New Mexico, staff has conducted research and carried out several onsite visits to the approved cultivation sites operating in the city. In accordance to the National Institute of Health the smells are especially strong during flowering, which typically lasts 4–5 weeks before harvest, and during processing, which can take another 3–4 weeks. The New Mexico Cannabis Control Division does not have odor mitigation or filtering requirements. The applicant proposes to mitigate odor through a carbon filter which vents to the outside. This system is similar to several other ventilation methods used by other indoor cultivation establishments in Farmington. Staff has received and confirmed numerous complaints of odor within the vicinity of cultivation establishments. D. Infrastructure impacts minimized: The proposed use shall not have negative impacts on existing uses in the area and in the city through impacts on public infrastructure such as roads, parking facilities, and water and sewer systems, and on public services such as police and fire protection and solid waste collection, and the ability of existing infrastructure and services to provide services adequately. The proposed cannabis production facility will not have a negative impact on existing infrastructure and services. The subject property has access from La Plata Highway which is classified as a major arterial by the City’s Major Thoroughfare Plan. E. Consistent with the UDC and Comprehensive Plan: The proposed use will be consistent with purposes of this UDC, the Comprehensive Plan, and any other statutes, ordinances or policies that may be applicable, and will support rather than interfere with the uses otherwise permitted in the zone in which it is located. The petitioner meets the requirements of UDC Sec. 2.4.71, specifically: 16  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-36 3100 La Plata Hwy • The proposed location is zoned Industrial, commercial cannabis cultivation, is permitted in the Industrial zoning district with a Special Use Permit. • The cultivation of plants will be inside a fully enclosed structure (building) with approved NM Cannabis Control Division ventilation. • The 2040 Future Land Use Plan designates this area as Industrial. The proposed commercial cannabis cultivation conforms to the manufacturing and processing aspects of the Industrial designation. The petitioner does not meet requirements of UDC Sec. 2.4.71 Municipal Code Sec. 8-15-3., specifically: • No cannabis, commercial cultivation use shall be permitted within 300 feet of any school (public and private), religious institution, registered daycare center, residential use, cannabis dispensary, or from another commercial cultivation site. As part of this application, the petitioner is requesting a variance 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 subject property is located on a 9.5-acre parcel and is zoned Industrial. The building they will utilize is a 4,960 square foot service garage sufficient for the use proposed. G. Site Plan: The proposed use shall be required to comply with the site plan review procedures and standards of Section 8.5, site plan review, as specified. The site plan complies with the standards of Section 8.5. 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 not met. Staff is unaware of any special circumstances existing which are peculiar to the subject property. The applicant does not currently own the subject property and is aware of the distancing ordinances in place. The proposed use of a cannabis facility at this location is self-created. (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. Each of the IND, and GC zoned properties in this area are within 300-feet of the protected uses described in UDC Sec 2.4.71C. A literal interpretation of the code would deprive each of the properties in this area from operating a cannabis facility of any kind. 17  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-36 3100 La Plata Hwy (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 not met. The applicant has not demonstrated that this request is a minimum easing of the code. Staff is aware of at least 5 residential lots with a total of 13 residential units within 300-feet of the subject property. Additionally, as measured by the UDC, the nearest residential use is 0-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 not 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 granting of the variance is not in harmony with the general purpose and intent of the code as it would allow a cannabis use adjacent to 13 residential units. (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 not met. The applicant does not own the subject property. An unnecessary hardship has not been provided by the applicant. 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 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 6 surrounding property owners. 18  COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-36 3100 La Plata Hwy As of the date of this report, no feedback has been received regarding the petition. STAFF CONCLUSION • The proposed Special Use permit and commercial cultivation use is allowed within the ‘Commercial Mixed Use’ designation of the 2040 Comprehensive Plan. • The proposed Commercial Cultivation use is not compatible with the surrounding residential uses. • The requested variance to the 300-foot distance requirement from a residential use does not meet five (5) out of the seven (7) variance criteria. STAFF RECOMMENDATION The Community Works Department recommends Denial of Petition SUP 24-36, a request from Irving Lin, represented by Brandon Pino, for a Special Use Permit and a Variance to the 300- foot distance requirement from a cannabis cultivation facility to a residential use, as outlined in UDC Section 2.4.71 for cannabis cultivation located at 3100 La Plata Hwy. 19 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-36 3100 La Plata Hwy 20 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-36 3100 La Plata Hwy 21 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-36 3100 La Plata Hwy 22 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-36 3100 La Plata Hwy 23 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-36 3100 La Plata Hwy 24 COMMUNITY WORKS PLANNING STAFF REPORT PETITION SUP 24-36 3100 La Plata Hwy 25