Planning & Zoning

July 25, 2013  A G E N D A Planning & Zoning Commission July 25, 2013, at 3:00 p.m. Item Page 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the July 11, 2013 P&Z Meeting 73 4 Petition No. SUP13-06 –a request from Donna Gardenhire for a special use 1 permit to keep one horse at 5807 Foothills Drive in the RE-1 Residential Estate District. This is a new special use permit to follow the expiration of SUP 12-09 in July 2013 for the same property. 5 Petition No. SUP 13-07 –a request from the City of Farmington, represented by 31 Cory Styron, for a special use permit for a crematoria for the Farmington Animal Shelter in the IND Industrial District located at 133 Browning Parkway. 6 Petition No. SUP 13-08 -a a request from Brady Trucking, represented by Terry 41 Sterrett, for a special use permit for the storage of hazardous materials and a variance to the Farmington City Code Section 13-3-2, Amendments to the International Fire Code 2003 (IFC), in the IND Industrial district located at 4000 Lomas Street. 7 Petition No. CCV 13-01 –- a request from CenturyLink, represented by John 57 Reaves of D & H Petroleum, for a variance to the Farmington City Code Section 13-3-2, Amendments to the International Fire Code 2003 (IFC), for a minor utility in the MU/RPO Mixed-Use District with a Residential Preservation located at 411 N. Allen. 8 Business from: Floor: Chairman: Members: Staff: 9 Adjournment The recommendation of the Planning and Zoning Commission is scheduled to be heard at the next City Council Meeting on Tuesday, August 13, 2013. 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.  COMMUNITY DEVELOPMENT PETITION REPORT Staff Report Petition SUP 13-06 – Re-application for a Special Use Permit for Horse Keeping at 5807 Foothills Drive A. STAFF REPORT, July 25, 2013 PROJECT INFORMATION Applicant Donna Gardenhire Representative None Date of Application June 26, 2013 Approval of a special use permit for horse keeping at a single- Requested Action family residence. Location 5807 Foothills Drive Existing Land Use Single-family residence Existing Zoning RE-1 Residential Estate District North: RE-1 Residential Estate District / Residential Surrounding Zoning South: RE-1 Residential Estate District / Residential & East: SF-10 Single-family Residential District / Residential Land Use West: RE-1 Residential Estate District / Residential Publication of Notice for public hearings of the Planning and Zoning Commission appeared in the Daily Times on Sunday, July Notice 7, 2013. Property owners within 100 feet were sent notice by certified mail on Friday, July 5, 2013 and a sign was posted on Friday, June 28, 2012. Staff Planner Fran Fillerup, Associate Planner STAFF ANALYSIS Petition History The petitioners are requesting a special use permit to keep one horse on a 1.25-acre property at 5807 Foothills Drive. On January 22, 2013, the petitioner received approval of Petition SUP 12-09, subject to conditions a. and b. as follows: a. The petitioners install a 6-foot privacy fence along the entire length of the west property line adjoining 5501 Evergreen and also along the north property adjoining 5555 Evergreen for the length of the corral (approximately 36 feet); and b. The Special Use Permit will remain in effect for six (6) months from the date of approval at which time the SUP will expire and a new SUP process will be required. Regarding condition a., the petitioner installed privacy fence along the shared property line with 5501 Evergreen from the northwest corner of the property to the north side of the existing tack shed. She did not install privacy fence along the southern half of the west property line at the request of the neighbor at 5501 Evergreen Drive after SUP 12-09 had been approved. (See attached letter from Ms. Lorraine Cosby dated January 25, 2013.) The petitioner also installed privacy fence for the portion required on the property line with 5555 Evergreen Drive. 1 Regarding condition b., SUP 12-09 expired July 22, 2013; the petitioner submitted a new application on June 26, 2013. A copy of the petition report for Petition SUP 12-09 is attached. A letter of support and photos have been received for this petition from the person taking care of a neighboring property and these are also attached. Project Description The horse has been kept in the previously existing corral measuring 165 feet by 36 feet (5940 square feet). The property also has a barn and tack shed measuring 33 feet by 12 feet. The petitioners provided a plan for caring for the horse, disposing of waste and mitigating nuisances in the application material for SUP 12-09. This plan is used again for the subject petition. Applicable Codes According to Table 2.3 of the City of Farmington Unified Development Code (UDC), keeping horses (and other animals or fowl) require a special use permit in the RE-1 district. The applicant must comply with the use standards of Section 2.4.7, Animals or Fowl, of the UDC. According to this section, the minimum lot area per animal unit is determined by the SUP, but Section 11.1 of the UDC recommends that the minimum lot area per horse is 1 acre. An animal unit is defined in Article 11 of the UDC as one horse, or one mare with a foal. Further, Section 2.4.7 D states: “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; … protection of the public; and for control of dust, noise, odors or similar nuisance factors.” Also, the use shall be maintained in compliance with Chapter 6 of the Farmington City Code. Section 6-1-5 of the Farmington City Code states that: “(a) No person who is the owner, tenant or person in possession and control of any stable, corral, lot, pasture, stall, shed, apartment, yard or premises in the city in which any animal, including … horses, is kept or maintained shall allow the accumulation of manure, water, moisture, animal droppings, or liquid discharges of such animal which create a stench or emit offensive odors or which are otherwise injurious to the public health and safety. (b) Stalls or stables, corrals, lots or pastures shall be kept sprayed with disinfectant to kill germs and to prevent the premises from becoming a breeding place for flies, mosquitoes or other insects.” Observations of Zoning Compliance Officer Leona Simms The Community Development Department received a complaint on June 14 from the neighboring property owner at 5501 Evergreen Drive regarding the smell of manure. Below are the details of three observations by Zoning Compliance Officer Leona Simms. Each of these observations was made from the property at 5501 Evergreen Drive. First observation: 06/17/2013 – On this day, I, Leona Simms, Zoning Compliance Inspector, went out to 5501 Evergreen to check on a complaint of a strong odor of horse manure coming from 5807 Foothills Drive. 2  The complainant, Ms. Lorraine Cosby at 5501 Evergreen, advised that there was strong odor of horse manure coming from her neighbor's lot at 5807 Foothills. I met Ms. Cosby in front of her home. Ms. Cosby’s front door faces the west. We walked toward the side yard on the south side of her house. As soon as we reached the end of her house, I could smell the odor of horse manure. Ms. Cosby and I walked to the back side of her house, which is on the east side of the parcel. The back side of her parcel is adjacent to 5807 Foothills. The horse pen is right up against the fence of Ms. Cosby's lot. I arrived at 09:15 a.m., on that day it was fairly warm and a calm day; no winds. Ms. Cosby and I walked up to the horse pen. I observed the horse pen was cleaned except for some manure on the east side of the pen, and I also observed two large green Waste Management bins located on the south east side of the pen. Ms. Cosby advised that the bins had not been emptied for a few days and were full. I had no way of seeing in the bins, which were approximately 30 to 40 feet into the horse owner’s lot. Second observation: 6/28/2013 – On this date, it was a hot day. I did my observation at 14:16 p.m. This day the weather was calm, no winds, but very hot. Ms. Cosby advised me on my first observation I was welcome to do observations from her lot any time. On this day, I walked in the same area that Ms. Cosby and I walked toward the horse pen. On this day, I really did not smell any odor of horse manure until I got up next to the horse pen. The pen had some kind of white powder covering where it had droppings. The droppings were not there; apparently it had been cleaned up. And I observed the two green Waste Management bins were moved to the front yard of 5807 Foothills. Third observation: 7/11/2013 - My third observation, at approximately 15:30 p.m. On this day, it was very warm with a slight breeze. I met Ms. Cosby and we walked the same area toward the horse pen. We were about half way on the south side of the yard when I could smell the odor of horse manure. I walked up to the pen. It appeared clean, but it still had an odor of horse manure. The odor was strong. I did not see the green bins. When I left from 5501 Evergreen, I saw the green bins in the front yard of 5807 Foothills. This documentation will serve as observations of this event. Special Use Permit Criteria – Section 8.9.4 of the UDC Section 8.9.4 of the UDC sets forth the criteria for review of a special use permit. The section states that an SUP may be approved where it is reasonably determined that there will be no significant negative impact upon residents of surrounding property or upon the public. Criteria are listed as follows: A. Effect on environment: The location, size, design and operation characteristics of the proposed use shall not be detrimental to the health, welfare and safety of the surrounding neighborhood or its occupants, not be substantially or permanently injurious to the neighboring property. While there has been a complaint and staff observation of odor related to the horse keeping, the use does not appear to be detrimental to the health, welfare and safety of the surrounding neighborhood. B. Compatible with surrounding area: The proposed site plan, circulation plan and schematic architectural designs shall be harmonious with the character of the 3 surrounding area with relationship to scale, height, landscaping and screening and density. The petitioner has been using the previously existing corral and barn for keeping the horse. The corral and barn are along the entire west (rear) property line of the subject property a length of approximately 165 feet. The corral also adjoins the neighboring property to the north for a length of approximately 36 feet. The subject property is over one acre in size as required for properties in the RE-1 district. The adjoining properties on the north and west are also in the RE-1 district range in size from 0.36 acres to 0.76 acres. 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 Community Development Department received a complaint regarding odor related to the horse keeping from the neighbor at 5801 Evergreen Drive. The observations of the zoning compliance officer are stated above and indicate that the horse odor can be smelled when standing at the property line and, at times, at other locations in the yard. Between the first and second staff observations, the petitioner moved the poly-carts to the front of the residence. The petitioner has taken several measures to mitigate the impacts of the horse keeping, including daily cleaning of droppings, enclosing manure in poly-carts, adding chemical treatment to the horse’s liquid waste and storing hay and grain in the barn. The petitioner has indicated that since being made aware of a complaint in June, she has closed the gate which divides the corral to keep the horse on the south half of the corral area and has moved the poly-carts in which manure is stored to the front on the residence. The petitioner has installed screening fencing along the north property line for the length of the corral adjoining that neighbor, a distance of approximately 36 feet. The petitioner also installed a screening fence along the west property line for approximately 60 feet adjoining the fenced back yard of the adjoining neighbor. 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. There are no negative impacts to infrastructure anticipated in relation to 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 Future Land Use Plan of the City’s Comprehensive Plan identifies the area of this request and neighborhood as residential single-family with lots of less than 20,000 square feet. While the area of the subject property is over one acre, parcels to the north and west along Evergreen Drive range from 0.36 acres to 0.76 acres. Keeping horses may be allowed in the residential settings, subject to obtaining approval of a special use 4  permit. The use is subject to the standards of Section 2.4.7 of the UDC, as well as Chapter 6 of Farmington City Code. 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. According to Section 11.1 of the UDC, a lot which is 1.25 acres is recommended to be adequate for up to one horse animal unit. The petitioner has requested to keep one horse. 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 applicant has used the same layout for the site plan as was used for Petition SUP 12-09, including the existing corral area on the west (rear) of the property, with the existing barn and tack shed. ISSUES Planning Division: Fran Fillerup – 599-1282 • The subject property is approximately one acre. The animal unit capacity set forth in Section 11.1 of the UDC recommends 1.0 acres per horse. The petitioner is requesting to continue to keep one horse. The petitioner is responsible to ensure compliance with all local and state regulations relating to keeping the animals. FCC Chapter 6 and Section 2.4.7 of the UDC relate specifically to keeping animals. • Though City code does not have a specific standard for certain elements of special use permits for horse keeping, some guidelines has been applied in the past. The distance of horse corrals from structures, including neighboring property, in previous special use permits a standard of 100 feet from principal buildings has been preserved. A minimum fenced area of 10,000 square feet per horse has been required. Fenced areas have been required to be far enough from neighboring property to prevent horses from grazing on a neighbor’s property. Permits have had conditions that they expire in 5 years at which time a new permit can be considered. As a special use permit is a discretionary item pursuant to Section 8.9.5 of the UDC, specific conditions are appropriate to mitigate adverse effects of the proposed use. STAFF CONCLUSION Staff concludes that approval of SUP 13-06 is appropriate, with conditions. While the parcel size does not appear to be too small according the recommended standards of the UDC for keeping a horse (one horse on one acre), the proximity of the existing corral and barn to neighboring property to the north and west, and the smaller size of the adjoining lots with smaller back yards adjacent to the subject property create a situation in which even extensive mitigation by the petitioner has not prevented the horse keeping use from creating an odor on neighboring property. The petitioner has taken several steps to mitigate the impact of the horse keeping use. In order to further mitigate the odor created by the horse keeping use, the site plan may be amended and fencing constructed to place the corral area on another part of the property. The petitioner would also need to continue to follow their plan for maintenance of the horse to meet the requirements of the UDC and the Farmington City Code relating to horse keeping. 5 STAFF RECOMMENDATION The Community Development Department recommends approval of Petition SUP 13-06, a request from Donna Gardenhire for a special use permit to keep one horse at 5807 Foothills Drive in the RE-1 Residential Estate District, subject to the condition that the corral area where the horse will be kept shall be re-located to be separated from the adjoining property to the west. 6  Foothills Dr. 7 8 9 10 + i I .i^ )-\ \ *o -:. .4 -a p.l oJ '<a \; ot r,\ { \.{ tr -1, 11 -^..4 r, :ffi! ,"u o*t ''^,',.',';',ilj t'! ''r' ' ;f ! , \= i' !,"'t't'" t ti l ''',i,'rd' . il .,,/_./ \ii : i" '''tit \{ '' :' .,'' ,, i".'',;,. '' :"r {, / ,.I 31J 'f ::tt i. :\ ,F it, ''n')?"'','..t" -;I , '',,,!t,, ;yir'! r_, ,l' {' " ,r / ,{/, *.' ' .,7 t t i 1i 12  t p \(. ir" {*- \d (\ 0 >f t{ l\j l, tl ss, \{ s4 \t d'.f J 13  aa . ,'' { ( * \ ! rl . .tt ,)'t t \ .i- .l .i,. :')v: ' t. ;l ., t. . s,.!r ' c\ ,l , 'a il !, i\v I, 'tr ,') t t. :t I .J, .t I l1 I Fi f-?,. ,i 'tl *r .I .f, :7 I h\ 14  f\ \> $ \ J\ i.* -l.i NN F-i {} I \ci .!j t^D \\ \,1q $" .{ h $ l ., .,.it ,- " ,rJI- r'N 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30  COMMUNITY DEVELOPMENT PETITION REPORT Staff Report Petition SUP 13-07 – Special Use Permit for a Crematorium for the Farmington Regional Animal Shelter located at 133 Browning Parkway A. Staff Report, July 25, 2013 PROJECT INFORMATION Applicant City of Farmington Representative Cory Styron, PRCA Director Date of Application June 27, 2013 Requested Action Special Use Permit for a Crematorium Location 133 Browning Parkway Existing Land Use Animal Shelter Existing Zoning IND Industrial Surrounding Zoning North: RA Rural Agricultural/Agricultural & South: IND Industrial/Offices & Agricultural Land Use East: Unicorporated & IND Industrial/Vacant West: IND Industrial/Vacant Notice Publication of Notice for a public hearing of the City Council appeared in the Daily Times on Sunday, July 7, 2012. Property owners within 100 feet were sent notice by certified mail on Friday, July 5, 2012 and a sign was posted on Tuesday, July 16, 2013. Staff Planner Cynthia Lopez, Senior Planner STAFF ANALYSIS Project Description The petitioner is requesting a special use permit for a crematorium at the Farmington Regional Animal Shelter, which is under construction. The site is located in the southeast corner of a parcel of land owned by the City of Farmington just northeast of the Municipal Operations Building. The address for the animal shelter is 133 Browning Parkway. The animal shelter is a regional partnership between the City of Farmington, San Juan County and the State of New Mexico. Pursuant to Table 2.3 of the Unified Development Code a crematoria in the IND Industrial District is required to be approved for a special use permit. A check with the NMED Air Quality Bureau resulted in the information that they have no specific regulations for crematories and that most crematories qualify for NPR (No Permit Required) status. The State Occupational and Professional Licensing Bureau regulate cremation practices for human bodies. Staff did not find any specific regulations for 31 pet crematories. However, the manufacture of crematories for human remains and pet remains should be the same. Further research on crematories indicates that newer crematories have features that minimize the emission of smoke and odors. A typical unit contains a primary and secondary combustion chamber which acts as a method of pollution control to eliminate the emission of odors and smoke. Also, the furnace is a closed system that operates at high temperatures eliminating the possibility of escaping materials, especially smoke and odors. The Farmington Regional Animal Shelter has a need for a crematorium as some animals have injuries, illnesses or behavioral problems that make them unadoptable and require that they be euthanized. Currently euthanized animals are transported to the landfill, which presents health, safety and perception concerns. A crematorium will provide a way of humanely disposing of euthanized animals. The crematoria is proposed to be located outside the building on the southeast corner of the building and enclosed in an opaque fence inside a landscaped second fence enclosure (see attached). ISSUES Police: Captain McPheeters • The Police Department supports the SUP for a crematoria. There appears to be no known adverse impact to Public Safety or Police Operations. Parks, Recreation and Cultural Affairs: Cory Styron • COF intends as part of specifications for the crematory proposed at the Farmington Regional Animal Shelter to request the latest air quality requirements, odor reduction and noise control as part of the product bidding process. All products would meet the minimum current local, state and federal requirements for a unit of this type. STAFF CONCLUSION Staff concludes that the installation of a crematorium at the Farmington Regional Animal Shelter would provide for a more safe, clean and humane method for disposing of euthanized animals than is currently in practice. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition SUP 13- 07, a request from the City of Farmington, represented by Cory Styron the PRCA Director, for a special use permit for a crematorium at the Farmington Regional Animal Shelter in the IND Industrial district located at 133 Browning Parkway. 32 33  ./ i€ I'l ar =4€ rL ,l f -tE -F3 -g- :F T--- I r--- I I I F--- r--- I L___ I I t---- I T-- ----1 r--- I I L___ I I 5uP l3- oJ t---- RtcE lvtD JUN 2 7 2013 COTI OEY BEPT ?& 34 35  l-,{t - I /t'-/ + N 36  I \l /\ \ + N ., .. r. .t 2.80 6'fence with ba 2.802 3.350 2.750 . tuP13.07 RICE I U t0 JUN27A8 ^ -.... -/ 37 00rMr lrPI 38 39 40  COMMUNITY DEVELOPMENT PETITION REPORT Staff Report Petition SUP 13-08 – Storage of Hazardous Materials In an Above Ground Tank at 4000 Lomas Street A. Staff Report, July 25, 2013 PROJECT INFORMATION Applicant Brady Trucking Representative Terry Sterret Date of Application June 27, 2013 Special Use Permit for the Storage of Hazardous Materials Requested Action and a Variance to FCC Section 13-3-2, Amendments to the IFC 2003 Location 4000 Lomas Street Trucking Company, 70% of business related to Oil Field Existing Land Use trucking Existing Zoning IND Industrial Surrounding Zoning North: PIP Planned Industrial Park/Industrial & South: IND Industrial/Industrial Land Use East: IND Industrial/Industrial West: PIP Planned Industrial Park/Industrial Notice Publication of Notice for a public hearing of the City Council appeared in the Daily Times on Sunday, July 7, 2012. Property owners within 100 feet were sent notice by certified mail on Friday, July 5, 2012 and a sign was posted on Tuesday, July 16, 2013. Staff Planner Cynthia Lopez, Senior Planner STAFF ANALYSIS Project Description The petitioner is requesting a special use permit for the storage of hazardous materials and a variance to the Farmington City Code, Section 13-3-2, Amendments to the International Fire Code 2003 (IFC), to allow a 12,000 gallon above ground tank for a trucking company in the IND Industrial District located at 4000 Lomas Street. Pursuant to Table 2.3 of the Unified Development Code (UDC) the storage of hazardous materials is permitted only in the IND district with the approval of a special use permit. The UDC,Section 2.4.53, states that hazardous materials storage shall comply with the following standards: • Screening shall be provided in accordance with the requirements of section 5.5.7, screening standards; and section 5.10 residential protection standards, if applicable. 41  • Hazardous materials use generation and disposition shall be operated in accordance with the requirements of section 5.11, operational performance standards (noise, smoke and particulate matter, odorous matter, fire and explosive hazard material). • The site shall be kept in an orderly manner, free of litter and debris. • Storage of explosives shall be prohibited, unless stored in accordance with the applicable fire code. • Flammable liquids or gases in quantities greater than 660 gallons shall be stored underground, unless otherwise permitted by the city. • Hazardous materials shall not be allowed in regulatory floodplain. The IFC 2003 was adopted by the City with an amendment to Section 3404.2.9, which limits the size of an above ground tank for the storage of flammable or combustible fluids to 1,000 gallons. The property is a 15.53 acre parcel of land and Lomas Street dead-ends into the parcel. The petitioner is proposing to locate the tank close to the center of the property approximately 165 feet from the east property line, 190 feet from the west property line, 86 feet from the south property line and 155 feet from the north property line. The tank will also sit more than 50 feet from the closest structure. Brady Trucking says that 70% of their business is oil field related. They use pneumatic trailers and also deliver cement, flyash concrete, pot ash and fertilizer. They use 2,500 gallons of gas or more a day and there is a cost savings to the business if they can order in bulk, 8,000 to 9,000 gallons at a time. Currently trucks are fueling at locations around the area and allowing them to fuel at this location saves the truck drivers DOT hours and time waiting in lines. D & H United Pump Supply from Albuquerque will install the tank. They install and service fueling systems throughout Texas, New Mexico, Colorado, Arizona, and Oklahoma. ISSUES Community Development: Cindy Lopez • According to the official FEMA Floodplain Map this parcel is not in the floodplain. • The Fire Department and the Building Department will inspect the installation of the tank to assure compliance with the Fire Code and Building Code. • The Unified Development Code requires that the tank be screened at a minimum with a pre-woven chain link fence. • The use of this fuel tank is for the use of the trucking company only and the sale/dispensing of fuel to the public should not be allowed. Water/Wastewater Admin.: Ruben Salcido • For environmental purposes, a containment area plan around the tank needs to be provided for review and approval. 42  Engineering: Nica Westerling • Containment is an issue. The property abuts the arroyo and is only a short way to the San Juan River. Are two smaller tanks an option? Both from a fire containment and a spill cleanup, two tanks appears to be a better option. The spill containment berm or structure is not shown on the drawings. Police: Captain McPheeters • The Police Department supports the addition of Brady Trucking into the community. There appears to be no known adverse impact to Public Safety or Police Operations by the requested variance. However, there is no mention of security for the above ground storage tank, fencing, or methods of spill containment in the advent of a tank rupture so near an arroyo. The Police Department defers to the Fire Department in regards to the appropriateness of such a quantity of Hazardous Material. Diesel theft is rampant in our county and spills have been created by thieves taking diesel fuel. Building Inspection: Leo Hardie • A building permit is required for the proposed tank. Plans will need to be submitted which are sealed by a registered New Mexico Professional engineer. No construction until a building permit is issued. Fire Marshal: Bob Popa • The Brady Trucking, 4000 Lomas, tank is being installed in an industrial zoned area, surrounded by properly spaced bollards and is greater than 50 feet from any building. It is the Farmington Fire Department, Fire Marshal’s Office opinion that the tank should be allowed with the understanding that the installation meets all of the requirements of Section 3404 of the 2003 IFC during plan review. The fuel-dispensing portion of the install will need to meet all requirements of Chapter 22 of the 2003 IFC. STAFF CONCLUSION Staff concludes that the installation of the double walled 12,000 gallon above ground tank in this 15.53 acre parcel of land is appropriate if the installation meets all requirements of the International Fire Code, the International Building Code, the Unified Development Code and with the condition that the dispensing of the fuel from the tank is entirely for the use of the business with no outside sales. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition SUP 13- 08, a request from Brady Trucking, represented by Terry Sterrett, for a special use permit for the storage of hazardous materials and a variance to the Farmington City Code, Section 13-3-2, Amendments to the International Fire Code 2003 (IFC) and the UDC Section 2.4.53, to allow a 12,000 gallon above ground tank for a trucking company in the IND Industrial District located at 4000 Lomas Street, with the condition that dispensing of fuel will be used solely by the trucking company and not for public consumption. 43 44 45 46 47 48 49 50 51 52 53 54 55 56  COMMUNITY DEVELOPMENT PETITION REPORT Staff Report Petition CCV 13-01 – Variance to Allow the Storage of Flammable Fluids in an Above Ground Tank at 411 N. Allen A. Staff Report, July 25, 2013 PROJECT INFORMATION Applicant CenturyLink Representative John Reaves of D & H United Pump Supply Date of Application June 24, 2013 Variance to FCC Section 13-3-2, Amendments to the IFC Requested Action 2003 Location 411 N. Allen Existing Land Use Minor Utility MU/RPO Mixed Use District with a Residential Preservation Existing Zoning Overlay Surrounding Zoning North: MU/RPO Mixed Use District with a Residential & Preservation Overlay/Office & Residential Land Use South: MU/RPO Mixed Use District with a Residential Preservation Overlay/Park East: MU/RPO Mixed Use District with a Residential Preservation Overlay/Park West: MU/RPO Mixed Use District with a Residential Preservation Overlay/Church Notice Publication of Notice for a public hearing of the City Council appeared in the Daily Times on Sunday, July 7, 2012. Property owners within 100 feet were sent notice by certified mail on Friday, July 5, 2012 and a sign was posted on Tuesday, July 16, 2013. Staff Planner Cynthia Lopez, Senior Planner STAFF ANALYSIS Project Description The petitioner is requesting a variance to the Farmington City Code, Section 13-3-2, Amendments to the International Fire Code 2003 (IFC), for a minor utility in the MU/RPO Mixed Use District with a Residential Preservation Overlay located at 411 N. Allen. Minor utilities are a permitted use in the MU district. The use of an above ground tank as back-up fuel for the generator in case of an emergency is an accessory use to a minor utility. The IFC 2003 was adopted by the City with an amendment to Section 3404.2.9, which limits the size of an above ground tank for the storage of flammable or combustible 57 fluids to 1,000 gallons and to above ground sub-base fuel systems for standby generators to 660 gallons. The subject property is occupied by CenturyLink which is a minor utility. The property currently has a single-wall above ground 2,000 gallon tank they use for back-up power to the generator. They are proposing to replace the existing tank with a fire protected double walled tank encased by 6 inches of concrete. The proposed replacement tank will be protected by concrete filled bollards and enclosed by chain link fencing to prevent public access. D & H United Pump Supply from Albuquerque will install the tank. They install and service fueling systems throughout Texas, New Mexico, Colorado, Arizona, and Oklahoma. ISSUES Police: Captain McPheeters • The Police Department supports the increased safety and security measures associated with the proposed petition. Building Inspection: Leo Hardie • A building permit is required for the proposed fuel storage tank. Fire Marshal: Bob Popa • The CenturyLink, 411 N. Wall, tank is of a reasonable size, is properly walled, surrounded by properly spaced bollards and is replacing a tank that is already existing and of the same capacity. It is the Farmington Fire Department, Fire Marshal’s Office opinion that the tank should be allowed with the understanding that the installation meets all of the requirements of Section 3404 of the 2003 IFC during plan review. STAFF CONCLUSION Staff concludes that the replacement on an existing single walled 2,000 gallon above ground tank with a safer above ground concrete encased double walled 2,000 gallon tank is appropriate. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition CCV 13- 01, a request from CenturyLink, represented by John Reaves of D & H United Pump Supply, for a variance to the Farmington City Code, Section 13-3-2, Amendments to the IFC 2003, for an above ground tank for the storage of flammable or combustible fluids exceeding 1,000 gallons in size on property located at 411 N. Allen in the MU/RPO Mixed Use District with a Residential Preservation Overlay. 58  I Pictorn€t v lntemalional Corp. MU.RPO 4u f.l, Arl, &^Ur,1"t 59 Z,ooo b,l.lar. W& .,M\ €vuQtolo*io't 1voonA \a4J4 l;ooo a6&, C-oA4/ tZ.3'L 60 61  z z o F F (5 z o o cr = z IL = 62 v z "i l|l -ll is ri ;6 0 63 J FZ +uJ v) 96 !E ut llJ -1 l J] uJd] o 64  Top With Non-Sllp tlnilh Eolt MppL 2l Dto. x 4' tsrl Collon UL Ust d Spilt Contdlnrcnt {' D|o. r 4' [m9 ih Ini.m6l oroln & Podthr. Scol ,116' E nlrgancy lr€nt Nipph tpplg -* t' r-** Nlpde. ' Dlo. Flll lffir uL Err.rgErrt VGd irfpl! tirt d 7 Gollon SpO coi lhm.nt ' Dto, CormudlcotbD Poit golt NlpC. !.ol D.trctlon (Pbc!m.trt Plan\lbr $cm**n' 2,000 GALLOiI CONVAITLT gTAIIDARD DRAVI'IiIG ilnCog"i&r' DMslon Ch*trtL5a-rd-!| li.rl! tl{! r t*t+{ 65 ConVault Blast Elfects Analysi5 Page 1 of2 o ldrr iar Tlclra0d ldrliar atcrl Dldltl|an GCrcnl g$lr]tlrt||t |!rtr|| r U[r ll|'t|0 trr Blast Efiec|3 Analysis ln roday s increasingly unslable and socialenvironmenl. safeiy and s€cunly has become a lop concem \uth owners storing petroleum and oiher flammable liqurds l0ocuM€nTsl -coNvERstoN Wilh rhis heightened awareness security in mind. Convaull Inc recenlly r€tarn€d Karogozian & Case (K&C). a d Leader in Blast Consulting and Blast-Resislant Design, to complcte a Blast Analysis (BEA) on the design oftheConvault EtgtslEa vouR prorected Aboveground sromge (AST). Convauh AST s fealu.e six inches of reinforced concrele suround jng theprimary and secondary containm€nl oflhe fuel l hrer drfferent threil scenaflos invesrisated ro determine lhe inherenl blast @ resishnce of the Convauh Thes€ scenarios were chosen lo reflect blasr disranc€s reco'nmended in FEMA'S Manual to Mitigate Polential Terrorist Attacks Against Buildings. The scenarios inlesligat€d wer€: . a blast fiom a vaporcloud as mighl accumulare al a refinery with explosir'e pressures al l0 psig (lh€ hi end ofthe range ofexpecl€d pressuret: . a blast from 50 lbs ofHigh suicide bomber (Man . a blast from 500 lbs (Vehicle Bome Improvised Devrce) Blaet T69t Sccnarios Vd0or Clotrd Exploslotr (10 p! 50 lb6 ol.xpl6lv*nt5 fi A Bor"b PIED 500 lb. of nr20fr-A BombA/8lED A 2000 gallon tank was used lo l a rypical Convault tank design. The Convauh successfully mel th€ two criteria a successful t€st, which arel . the lank would nol move . the integrity ofthe primar' would nor b€ compromis€d ( no r€suhing tuel leaks from lh€ primary Overall. rhe lllasl Lltocls An lhe Convauh ASI is ven' ol the blasr loads considered The provided by the reinforc€d concrcl€ out€r the slee! tank extremely well. and enhanced the resislance to all II wilhslood lhe vapor cloud blast. a Ib TNT blasl centered at 5 leet from the and a 500 Ib TNT blsst cenlered al 20 fe€t the tank. The magnitude oflhese blasrs at respective proximities would be expecled to deslroy and/or relocale lighter, less robust storag€ lants. Howevef.lh€ convauh ASTwill not only rcmain in place, jt will wilh no fuel leakage from the prinary tank. BEA Specificrlion lnfiormarion on Bl&sr Etlirts Analysis For L(rcAL CONTACT lnd pricin& u!€.h€dropdowr bor6 below. SETECTONE 66 htp://convault.com/BEA/indexa.html Occanber 20, 2|112 C€ntury tlnk D&H Pump Service, Inc. Famhgton Omcr dba D&H Petroleum and ,rrl albn Fannlngbr tltl 8t.ol Environmental Services AU : l|ld|. l B|oxn Sco, We t rarrk you for ItE opgortunity tu of Work thb prop@l and loo* fotwatd ao lour fawnbtc rcqone. fhe Wo* and hictng litN bM upoo oar lnbtpebtioi of the fuo,c of wo* tor the protrt a@.ding to th. Slta Praot Proi.rt qaifrcations, t nwings and/or A&rrda. we ptot*te ahc highe q,tetity ptodut at d *fltc aN fl sirre 1936. 1. Rovide labor and equignent b prorlde ard irEtall (1) 2,000 gallon Cornault abo\t€gmjrd sbrage tank m ecisting co.lct# pad. Rimidr and install (r) rerbE spill/fill coobinmeng @ for prer€ntion atnospheric a.|d etnergency vents SCH ,O piping ryith anu€iphofl val€ from abo/e gro|.rd storage tank to od*ing gpn€rator' 2. Fumish liaerEed and train€d Dersonnel to lrEtall 1 Ovner will be respondue b ]Eve petsorr|el b aslst wilfi g€nerator start tp . 3. ProriJe ad ir$[ (1) Veeder Root tank prcbe a]|d b €ds0rE vbe&r Root coalsole. 4, Fumidr labor and eqiipment b remo\€ and dispe of (1) 2,mO ganon fuel *orage tank bcated in vault D&H will pro^Je a certificate of destnrtion to NMED and owner. 5. Ferform soll samples as t€qir€d by NfrED. Thb b bd upon fuir (.f) sampl€q any addition will be dEgBd m a d dus bais. 6. Baddll, conpad tank vdult and pr€p for conq€e. 7. Ir$ll a 25' x 27 X 4" concr€te pad a]d r|atdl b All rvo* wi[ be completed in a@ftbrE wt'| the ard r€guhtjo.rs 6 set iodh by the E ronrstd ProEctbo l4ency, l'letY lkxb EMronnErtd Depa tnerE r,btind Eect c Code, flidional fir€ Code, Natbnal Fre Protection Association ard O|e irdivldual equigneflt rnanufadirer soeo'ficatbnt BUYEIU Century Link sELlttr D&H Pump S€rvice, Inc. dba D&H PeEoleum and Enviranmental Services lohn Reaves Pdnt d l|.'|G PrffidLa|n $tntrt Sgn*n TldG D& Emin ArH..s3 Emsll Addl. c AI.BJqJCRqJE All|lRIUO DAII.AS/FI. IVORIH EL PASO FAR'.IIIiGIOII r-t|88m( i{urfiD/@fssA s x xaroalro/aErn aa(D trdlar A! I'E 1290 ,t319 s coriy td rzmH lbdr D.ia rb4!q., rrt a'r|:l k, Tx t766 sdrr!, Tr 7a$a *az-tua lG37l-:1251 817-5Dl9t7 915-l9€t$ 9932t7.@ G762.2428 trt-r3-11r 2ro{5r-3@ 67 tu mDt{DTl 68 69 70 71 72  M I N U T E S PLANNING AND ZONING COMMISSION July 11, 2013 The Planning and Zoning Commission met in a regular session on July 11, 2013 at 2:00 p.m., in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. P&Z Members Present: Chairman: Dennis Ivie Commissioners: Joyce Cardon Kristin Langenfeld Cheryl Ragsdale Amy Ziesmer Del Washburn (Alt) P&Z Members Absent: Commissioners: Bruce Buchanan Clint Freeman Rory Jaques Paul Thompson Daniel Arnold (Alt) Staff Present: Fran Fillerup Cynthia Lopez Mary Holton Sam Montoia Dee Dee Moore Others Present: Arta Specht Call to Order The meeting was called to order at 2:00 p.m. by Chairman Ivie and there being a quorum present the following proceedings were duly had and taken. Presentation of the Agenda Senior Planner Cynthia Lopez stated there were no changes to the agenda. Approval of the Minutes A motion was made by Commissioner Cardon and seconded by Commissioner Ragsdale to approve the minutes of the June 27, 2013 P&Z Meeting. This motion was approved unanimously by a 6-0 vote. Swearing in of Witnesses All parties present were sworn in by Dee Dee Moore. 73  COMMUNITY DEVELOPMENT PETITION REPORT ZC 13-07 – 800 & 802 N. Dustin OP to MF-M Planning and Zoning Commission Discussion of ZC 13-07 on July 11, 2013 Associate Planner Sam Montoia presented the staff report for a zone change request at 800 & 802 N. Dustin from Office Professional to Multifamily Medium Density. This zone change will allow the existing Dental Office to be converted into two 1-bedroom apartments. Mr. Montoia stated that the City of Farmington’s Comprehensive Plan recommends this area to be single family. However, the property to the north is currently zoned office professional and has an existing Funeral Service Business. The property to the east and the west are zoned single-family but are the locations of the First United Methodist Church and the First Presbyterian Church. The property directly to the south is zoned MF-M, the same as this request. Mr. Montoia reminded the Commission that North Dustin is classified as a minor arterial street in the City of Farmington’s Major Thoroughfare Plan. Staff is recommending approval of ZC 13-07. There were no questions from the Commission directed to staff. Ms. Arta Specht of 1070 Road 3000 stated that she had read staff’s report and had no questions or concerns. Chairman Ivie asked if she understood that if there were issues during the construction process she would need to defer to Building Inspection. She stated that she had spoken with Building Inspection already and understood that process. There was no one else present to speak in favor or in opposition to this request. Planning and Zoning Commission Action of ZC 13-03 on June 27, 2013 A motion was made by Commissioner Langenfeld, seconded by Commissioner Ziesmer, to approve Petition ZC 13-07, a request from Arta Specht for a zone change from the OP Office and Professional District to the MF-M Multifamily Medium Density District for 0.48 acres located at 800 & 802 N. Dustin as recommended by staff. AYE: Chairman Ivie, Commissioners Cardon, Langenfeld, Ragsdale, Ziesmer and Washburn (Alt) NAY: None ABSTAINED: None ABSENT: Commissioners Buchanan, Freeman, Jaques, Thompson, and Arnold (Alt) Motion passed 6-0. Business from the Floor: There was no business from the floor. Business from the Chairman: There was no business from the chairman. Business from Members: There was no business from the members. Business from Staff: Ms. Lopez stated that the two petitions; one for the zone change at the airport for Mr. Beard, and one for the SF-A PUD for Mr. Montoya, were removed 74 from the consent agenda. After questions from Council regarding associated issues with the FAA and the neighborhood traffic concerns, both petitions were approved by City Council on July 9, 2013. She shared that the Parks Recreation and Cultural Affair (PRCA) department is asking for a commissioner to attend their meetings for the Master Parks and Trails Plan review and update as it will be an amendment to the Comprehensive Plan. This commissioner would attend PRCA Commission meetings on the third Thursday of each month at 7:00 pm in the Executive Conference Room. Director Holton added that this position is not a member of the board, but will act as a liaison to this commission and provide monthly reports back to the Planning and Zoning Commission. She believes that this commitment will start in September and will take about one year, and that it will be discussed at the next meeting again. Ms. Lopez informed the Commissioner that Mr. Randy VanVleck will be presenting on Commissioner Training at the NMAPA Conference on Friday, October 4, 2013 from 1:00-5:00 pm at the Civic Center. Director Holton added that this training session will be free to all Planning Commissioners. She stated that if the Commissioners were interested in attending the whole conference that they contact staff and staff will handle the registration. Adjournment With no further business the Planning and Zoning Commission meeting of July 11, 2013 was adjourned at 2:11 p.m. __________________________ ____________________________ Dennis Ivie Dee Dee Moore Chairman Office Manager 75