Planning & Zoning

August 15, 2013  A G E N D A Planning & Zoning Commission August 15, 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 25, 2013 P&Z Meeting 11 4 Petition No. ZC 13-08 – a request from Dwight Jacobson for a zone change from 1 the MF-L Multifamily Low Density District to the GC General Commercial District for 0.29 acres on the northwest corner of the intersection of 10th Street and Farmington Avenue at 1001 Farmington Avenue in the City of Farmington. 5 Business from: Floor: Chairman: Members: Staff: 6 Adjournment The recommendation of the Planning and Zoning Commission is scheduled to be heard at the City Council Meeting on Tuesday, September 10, 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. 1 2 3  GC district Farmington Ave. GC district MF-L district 10th Street GC district 4 5 6 7 8 9 10  M I N U T E S PLANNING AND ZONING COMMISSION July 25, 2013 The Planning and Zoning Commission met in a regular session on July 25, 2013 at 3:00 p.m., in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico. P&Z Members Present: Chairman: Dennis Ivie Commissioners: Bruce Buchanan Joyce Cardon Clint Freeman Rory Jaques Kristin Langenfeld Cheryl Ragsdale Paul Thompson Amy Ziesmer Daniel Arnold (Alt) P&Z Members Absent: Commissioners: Del Washburn (Alt) Staff Present: Fran Fillerup Cynthia Lopez Mary Holton Sam Montoia Dee Dee Moore Leona Simms Others Present: Jack Arsenault Bob Browning Robert Campbell Lorraine Cosby Donna Gardenhire Matt (unable to discern) Denise Lovato Tony Lovato John Reaves Terry Sterrett Cory Styron Michael Webb 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. 11 Approval of the Minutes A motion was made by Commissioner Cardon and seconded by Commissioner Ragsdale to approve the minutes of the July 11, 2013 P&Z Meeting. This motion was approved unanimously by a 9-0 vote. Swearing in of Witnesses All parties that wished to speak on behalf of an agenda item were sworn in by Dee Dee Moore. COMMUNITY DEVELOPMENT PETITION REPORT SUP 13-06 – 5807 Foothills Drive Horse Keeping Planning and Zoning Commission Discussion of SUP 13-06 on July 25, 2013 Associate Planner Fran Fillerup presented the staff report for a special use permit for horsekeeping at 5807 Foothills Drive. A previous special use permit SUP 12-09, had been approved in January 2013 for a 6-month time period for the same property. The petitioner has placed a fence on the west property line adjoining 5501 Evergreen north of the existing barn and on the north property line adjoining property located at 5555 Evergreen as required by the conditions of approval for SUP 12-09. The petitioner has cleaned up droppings, stored the food in the barn and used a powder treatment for the liquid waste. Mr. Fillerup stated that a complaint was received from the neighbor to the west, Lorraine Cosby of 5501 Evergreen. Zoning Compliance Officer Leona Simms’ observations are included in the staff report. Mr. Fillerup mentioned that in response to the complaint, the petitioner has used only the southern portion of the corral and relocated the bins of manure to the front of their property. Mr. Fillerup’s presentation included photos of the corral area and photos submitted by the neighbor to the south, Mr. Jack Arsenault, showing his dog bringing a carrot to Sophie the horse. Staff is recommending approval with a condition to relocate the corral away from the west property line in an effort to mitigate the odor nuisance. Chairman Ivie asked if that condition allows the petitioner to use the south portion of the corral. Mr. Fillerup stated that the condition was to relocate the horse away from the property to the west. Commissioner Freeman asked if staff was recommending a specific distance. Mr. Fillerup stated that staff was not specific on the distance but if the horse was relocated to the east of the existing corral it would be an additional 35 feet away from the neighbor’s property. The home at 5501 Evergreen is about 55 feet from the petitioner’s west property line. This would put the new corral area approximately 90 feet from the neighbor’s home. Chairman Ivie asked if the recommendation also included moving the barn and that moving the corral would mean you couldn’t use the barn. Mr. Fillerup stated that this would be one of the effects of having the corral relocated. Commissioner Cardon asked if the neighbor to the south was asked about the proximity to the suggested new corral. Mr. Fillerup stated that the location is not specifically stated. He stated that staff made its recommendation because the home is to the rear of the property, there is more open space to the south and to the east of the home where the corral could be located. Chairman Ivie asked if there were setbacks or distance requirements from property lines. Mr. Fillerup stated there were none specified within the current code. Commissioner Buchanan asked how far the petitioner would 12 need to move the corral, and if a short distance would satisfy the condition as well as moving the corral 100 feet. He added that he didn’t know if the movement of the corral would resolve the odor problem. Mr. Fillerup agreed that the movement of the corral might not solve the problem, but might improve the mitigation between neighbors. Staff recognizes that the condition is to create more separation between the horse and the neighbor at 5501 Evergreen. Mr. Fillerup stated that a special use permit is a discretionary item and the commission can recommend conditions of approval according to the UDC. Commissioner Freeman asked how far the home at 5801 Foothills Drive is from the south property line of 5807 Foothills Drive. Commissioner Buchanan said that it looked to be about 60 feet. Commissioner Freeman identified that the distance from the south property line of 5807 Foothills Drive to 5801 Foothills Drive was similar to the existing distance to 5501 Evergreen. Petitioner’s family members, Denise & Tony Lovato of 5501 Bogie, stated that the condition to move the barn is not feasible. The barn is a brick structure location on a poured concrete foundation. She added that there is just one complaint from all the surrounding neighbors. She stated that a gentleman next to 5501 Evergreen (residing at 5525 Evergreen), didn’t even know that the petitioners had a horse when she talked with him. Commissioner Buchanan asked if there was a written statement to that effect from the owner. Ms. Lovato stated that the resident told her he was willing to provide a written statement and/or attend the City Council meeting. Ms. Lovato added that there are also dogs in adjoining properties and some of the smell could be coming from them. She added that it could be possible to extend the fencing to the southeast portion of the lot and keep Sophie out of the western (adjoining property) part of the existing corral. Mr. Lovato stated that when this property was purchased it was shown as horse property, because of the existing barn and corral area. He also identified an existing tack barn located on the property to the southwest of 5807 Foothills Drive. Mr. Lovato stated it would be impossible to move the barn and that they are not willing to relocate the structure since it is a concrete brick structure on a poured concrete foundation. He also felt that he can do nothing about the wind and that even a 20-foot tall fence would not always stop the wind from moving the odors around. Ms. Lovato concluded that they have expended a lot of money to meet all of the prior conditions, which included installing fencing around the area they are now being asked not to use. Ms. Lovato stated that the horse does not reek and you can barely smell it in Sophie’s pen. Mr. Jack Arsenault resides at 2202 N. Tucker and is the caretaker for Ms. Sheppard’s property at 5801 Foothills Drive. He is the owner of Bradley his dog who takes Sophie carrots on their trips to the property. He stated that he is at that property every other day, and has yet to smell the horse. He also stated that the Shepherds have had horses on their property. Mr. Arsenault stated that there are goats located south of 5801 Foothills and believes the address is 5706 N. Woodland. He questions whether the odor being smelled is related to the goats or related to the horse. He stated that he had seen at least two goats and believes there could be more. He said he spoke to the owner of 5801 Foothills, who is in Mesa, Arizona, and she has no problem with the horse, they had horses on their five acres. Every time he goes, he does not smell the horse. Flies are a problem but he has flies in his apartment. No matter where you put it, you’ll smell horse. He added that sometimes when you see a horse, your brain tells you that you can smell a horse. He thinks Sophie should be able to remain where she is and at her age it would be hard on the horse to relocate her. 13 Mr. Robert K. Campbell of 5425 Evergreen stated that he is about 165 feet away from the subject property and is not bothered by the odor, but stated that the flies this year are terrible. He added that he can’t say the flies are because of the horse, but they are a major problem unlike they’ve had recently. The flies were not there before the horse was. He stated that he never remembers a horse being housed at 5801 Foothills. He stated that he has owned property in the area for 40 years. This summer has been unbearable. Mr. Arsenault does not live there. Petitioner Ms. Donna Gardenhire and Ms. Lovato addressed the Commission. Ms. Gardenhire stated that she leaves her back door open and has no issue with flies in her house. She stated that she takes care of Sophie and cleans every day and night. She stated that Sophie is old and she doesn’t want to lose her. She just wants to keep her horse. Ms. Lovato added that Ms. Gardenhire sits outside and uses her back yard. Ms. Lorraine Cosby of 5501 Evergreen stated that she has objected from day one. She stated that she did call in to complain of the smell because she has not been able to use her backyard because of the odor from the horse. She added that the corral is only 60 feet from her backdoor. Ms. Cosby stated that Zoning Compliance Officer Leona Simms responded to her complaint and visited her property to document the odor. She said that at that time the horse had bites on her face and was not well kept. Ms. Cosby added that she didn’t notice the flies before the horse was there. Ms. Cosby felt that moving the corral would only move the problem from one place to another. She added that after having a conversation with Donna Gardenhire, the Waste Management cans were moved towards the front of the property at 5807 Foothills and the smell was not as strong, but she could still smell it. She didn’t think it was fair that she had to put up with the smell and that since she sleeps with the windows open, and the smell is in her house. Ms. Cosby stated that she was told by both the Planning and Zoning Commission and the City Council that if there was a problem she was to call, and she did. Commissioner Freeman asked Ms. Cosby if there was any noticeable change after her conversation with Ms. Gardenhire and the bins were moved. Ms. Cosby stated that everything stayed the same. Commissioner Buchanan asked about the city representative’s visit to Ms. Cosby’s home. He stated that documentation shows that at the first observation on June 17, 2013, Ms. Simms smelled the horse when they reached the south end of Ms. Cosby’s home. Ms. Cosby agreed that that statement was correct. Commissioner Buchanan said that at the second observation on June 28, 2013, Ms. Simms stated that she did not smell the odor. Ms. Cosby stated that she did not agree with that observation. Commissioner Buchanan questioned Ms. Cosby about the third visit on July 11, 2013.and discussed that Ms. Simms and Ms. Cosby walked around the south side of Ms. Cosby’s home. Commissioner Buchanan asked Ms. Cosby if she has observed horses on this property in the past. Ms. Cosby stated that in the 20 years that she has lived on Evergreen, there have been no horses in that corral. Commissioner Cardon asked Ms. Cosby if she was present for the observations. Ms. Cosby said she was there for two of the observations. Commissioner Buchanan added that Ms. Cosby had stated there has been an issue with flies. Ms. Cosby mentioned that no matter where she is on her property she can smell the horse, even in her home. She added that she sleeps with her windows open. Ms. Cosby stated that she does observe flies and when she skims bugs off of the child’s pool that is in her backyard almost all of what she got off the pool were flies. 14 Commissioner Thompson asked Ms. Cosby if she could co-exist with Sophie, realizing that she is a really old horse. Ms. Cosby stated that she has spent the last 6 months compromising and stated that this is a residential area and she was there first and has a right to enjoy her property. Chairman Ivie reminded everyone that each property owner has the right to enjoy their property and this request for a special use permit must meet the code and regulations, and it does. He also stated that there are no distances or size requirements specified within the code from a residence. Ms. Cosby pointed out a patent easement on the south 33 feet on her property and Ms. Gardenhire’s property. Chairman Ivie pointed out they could put a corral on that easement, but not a barn. Commissioner Freeman asked if the heat had precipitated the problem and Ms. Cosby stated, yes but it was much worse when the lids of the bin were open. Senior Planner Cynthia Lopez indicated that Zoning Compliance Officer Leona Simms would provide testimony and needed to be, and was, sworn in by Dee Dee Moore. Ms. Simms stated that she had visited the complainant’s property three times and that on the first visit, June 17, 2013, she did smell an odor from the south side of the complainant’s home, which got worse as she approached the corral it was clean except for a few droppings. On her second visit June 28, 2013, she did not smell any odor until she was close to the horse pen. She also noted that there was a white powder on the ground. She also met with the horse’s owner and noticed that the bins had been moved to the front of the property. During the third visit on July 11, 2013, the corral was clean but she could smell the odor. Commissioner Langenfeld asked about when the white powder was used. Ms. Simms indicated that there was white powder visible during the 2nd and 3rd visits. Commissioner Thompson asked Ms. Simms if she observed flies during her visits. Ms. Simms stated that the flies were worse in the back of Ms. Cosby’s property. Chairman Ivie asked Ms. Simms if she had observed flies elsewhere in town. Ms. Simms stated that she had observed them where a donkey was being kept, and in her experience, where there are animals, there are flies. Chairman Ivie closed the comment period and the commissioners began their discussion. Commissioner Cardon asked if there is a regulation on insect control, similar to mosquitos. Mr. Fillerup stated that in Chapter 6.1.5.b of the Farmington City Code the owner is responsible to spray for flies and other insects. Commissioner Buchanan informed the commissioners that there is a product available that can be used on the ground to eliminate flies effectively and inexpensively. The problem of flies is resolvable. Commissioner Buchanan explained the chemical process that creates the odor from the waste. The ammonia is more volatile and it forms in warm air and moves with the air. This is part of the decomposing process of the waste. If solid waste can be disposed of rapidly, you won’t smell it. He added that the white powder appears to be a Lyme powder which controls the ammonia smell from the urine. Commissioner Arnold asked if the ammonia producing process begins right away. Commissioner Buchanan stated that the process begins fairly rapidly and the odor is actually the gases rising and being carried away on the wind. He added that if the manure is sealed or contained within a bin, the gases would also be contained. Chairman Ivie asked Commissioner Buchanan if the decomposing process would still happen within a plastic, tied-up bag. Commissioner Buchanan stated that the chemical action would be within the bag and would not be released into the air unless there was a hole in the bag. He added that he has seen the wind cause the lids on the Waste 15 Management container blow open, which would allow the odor to escape. The container lid should be able to be closed securely. Commissioner Cardon asked staff how the petitioner had planned to remove the waste in their original request for a special use permit. Mr. Fillerup stated that he recollected it was to be removed every few days. Commissioner Cardon stated she agreed with that recollection. Commissioner Buchanan stated that he felt there was no value in moving the barn or the corral and felt the condition of approval should be removed. He also stated that he would like to see some kind of removal of the solid waste on a daily basis, Lyme treatment on the urine, and the use of a product that attacks fly larvae. He feels that would be able to resolve the odor and fly problems. Commissioner Langenfeld agreed with Commissioner Buchanan and stated that from the observations performed by Ms. Simms indicates that the Lyme treatment has not been used consistently. Ms. Langenfeld stated that the steps to address these problems need to be followed up on, or the problem would reappear. Commissioner Freeman made a motion to approve SUP 13-06 for a period of 6 months, including the use of Lyme powder, fly prohibitor, and containing the solid waste. Commissioner Langenfeld asked if this would be the last time they could request a special use permit or could this same issue be revisited again. Commissioner Buchanan felt that this was to be a one time 6-month special use permit, not to be renewed, because this will be a second period in which to resolve the problems. The motion was seconded by Commissioner Thompson adding that the horse would be gone at the end of this six month timeframe. The motion failed by a 3-6 vote. A second motion was made by Commissioner Cardon to approved SUP 13-06 with the following conditions: a. a six-month timeframe; b. using Lyme, transport of solid waste, and using chemical fly treatment; and, c. to comply with city ordinances and if in good standing the petitioner can reapply. The motion was seconded by Commissioner Arnold. Chairman Ivie reiterated that the relocation of the corral was being removed as a condition. Commissioner Buchanan offered a clarification of the condition for the “removal” of the waste instead of “transport”, which would include bagging it and storing it daily in an airtight container and disposed of on a weekly basis. Chairman Ivie stated that the airtight container would be added as an amendment to the motion and clarified that the container could be the Waste Management bin. The motion stood as amended and was accepted by Commissioners Cardon and Arnold. Commissioner Langenfeld suggested that 6 months might be too long or would 3 months be enough warm weather. The neighbor has already had to deal with this for 6 months. Chairman Ivie pointed out the cost of reapplying for a special use permit (no change was made to the amended motion). Planning and Zoning Commission Action of SUP 13-06 on July 25, 2013 16 A motion was made by Commissioner Cardon, seconded by Commissioner Arnold to approve Petition SUP 13-06, a request from Donna Gardenhire, for the keeping of one horse at 5807 Foothills Drive in the RE-1 Residential Estate District, removing staff’s recommendation of relocating the corral and adding conditions a through c as follows: a. the permit shall expire after a six-month timeframe; b. requiring the use of treatment on liquid waste, removal of solid waste on a daily basis and storage in an airtight container, disposal of solid waste on a weekly basis, and using chemical fly treatment; and, c. to comply with city ordinances and if the horsekeeping use is in good standing the petitioner can reapply. AYE: Chairman Ivie, Commissioners Buchanan, Cardon, Jaques, Langenfeld, Ragsdale, and Arnold (Alt) NAY: Commissioner Freeman, Thompson and Ziesmer ABSTAINED: None ABSENT: Commissioner Washburn (Alt) Motion passed 6-3 Chairman Ivie called for a five minutes break at 4:36pm allowing that the meeting would reconvene at 4:41pm. The recorder was turned off and restarted when the meeting reconvened. COMMUNITY DEVELOPMENT PETITION REPORT SUP 13-07 – 133 Browning Parkway Crematoria Planning and Zoning Commission Discussion of SUP 13-07 on July 25, 2013 Senior Planner Cynthia Lopez presented the staff report, a request from the City of Farmington, represented by Cory Styron PRCA Director for a crematorium at the new Farmington Regional Animal Shelter located at 133 Browning Parkway in the IND Industrial District. This crematorium would be used for the disposal of euthanized animals rather than the current disposal procedure of disposing them at the landfill. Ms. Lopez stated that her research showed that the New Mexico Environmental Department identifies that this equipment is a “No Permit Required” operation, which means that there are not enough emissions released into the air to be measured. She added that the Fur, Fin and Feather on E. Main currently has a crematory and they are located next to St. Clair’s and Olive Garden. Staff is recommending approval. Commissioner Freeman asked if the Fur, Fin and Feather operate their crematorium. Ms. Lopez stated they do and that she has observed that there has been no smells associated with that operation. Commissioner Buchanan asked if the cremated remains are pulverized. Parks, Recreation and Cultural Affairs Director Cory Styron stated that the regional animal shelter houses approximately 350 animals and approximately 3800 animals are euthanized per year. The euthanized animals are retained in a frozen state until removed to the local landfill. Mr. Styron stated that over the years there have been 17 concerns that the drug used to euthanize the animals may have effects on wildlife. He stated that this process perpetuates the myth that animals are disposable. In answer to Commissioner Buchanan’s question, Mr. Styron stated that the cremated remains are pulverized and either removed to the landfill or could be used as fertilizer, as these remains are now non-toxic. Commissioner Freeman asked why this is being considered at this stage in the building process. Mr. Styron stated that in 2006 the design team felt that the animal community would view cremation as a worse alternative than the removal to the landfill. This current design will be attached to the new building and all procedures would be performed from inside the building so there would be no exposure to the public. Mr. Styron closed by saying that he felt the crematory was a better solution to this unfortunate issue. Matt, who works at 333 Browning Park asked to speak for Mr. Browning. He stated that their business deals with livestock and fragile youth and adults where particulate matter could affect their health. Chairman Ivie stated that the smoke stack filters out the particulates. Matt stated that this is a poor placement for the crematory because of the proximity to the park. He felt that the City’s hearts are in the right place, but the location is in the wrong place. Mr. Bob Browning of 333 Browning Parkway stated that the location of the Animal Shelter is okay, but that he had concerns about the cremation. He added that if a motel or hotel were looking at a site, that a crematorium near the proposed site might compromise the deal. He suggested that euthanized animals be transported to a crematorium not located on the property. Chairman Ivie shared that when the building is complete, there will be no visible smoke or odor emitting from the site. Mr. Browning stated that he had spoken with Mr. Jesse Pierce an adjoining landowner who works in Pagosa Springs, and Mr. Pierce had stated that a crematorium built there had caused a lot of uproar in the community. Commissioner Freeman asked Mr. Browning if he knew what year the crematorium had been built in Pagosa Springs, because of changes in technology he wanted to make sure the comparison was fair. Matt asked if the Commission could put something in writing that would require replacing or removing the crematorium should issues arise. Chairman Ivie stated that there are currently codes to relate to adverse conditions and if the crematorium was to effect the park system. Commissioner Freeman reminded everyone that the crematorium located at Fur, Fin and Feather is located approximately 100 feet from a restaurant and 500 yards from a hotel. Mr. Browning also asked about having some agreement in writing, and was reminded that safeguards are in place with the City Code. Mr. Michael Webb of 2625 San Juan Boulevard stated that he was the closest neighbor and has about 65 acres, but his home is approximately 300 yards from the Animal Shelter Site. He had some minor concerns that had been covered by the previous testimony regarding the emissions from the device. He had additional concerns about the wildlife, such as deer, ducks, badgers and geese. He wondered if there would be any environmental impact to the surrounding area and the use within a city park. This is located next to a park which includes river trails. He wondered if the EPA had done any studies to reflect the impact on other animals. Chairman Ivie stated that there are government agencies that regulate by using a permit process. However a crematorium has been identified by the New Mexico Environmental Department as having no effect to the air quality. Also when the crematorium is built it has to meet air quality controls, 18 which include standards that recycle the smoke so there is no smell associated with the process. Mr. Webb asked if there is a wrong way to use the crematorium and how would that be overseen. Mr. Styron stated that the city has a high commitment to safety in the organization and that there would be training for the employees required to oversee the process. Commissioner Cardon asked if there was a particular time of day when the cremation would take place. Mr. Styron stated that they plan to run the equipment later in the evening, but based on the volume of animals it could run more often. The Animal Shelter would be doing everything possible to minimize interaction with the park hours. Commissioner Cardon also asked about noise levels remaining within the allowed standards. Mr. Styron stated that barking dogs would create more noise than the equipment. Chairman Ivie asked for confirmation that the whole process takes place within the building. Mr. Styron stated that was true. Commissioner Buchanan asked about the volume of remaining bone fragments and that this process is not regulated. Mr. Styron stated that the bone is pulverized. There are currently no regulations regarding cremation, human or animal, because there are not enough emissions to regulate. Planning and Zoning Commission Action of SUP 13-07 on July 25, 2013 A motion was made by Commissioner Cardon seconded by Commissioner Ziesmer to approve Petition SUP 13-07, a request from the City of Farmington, represented by Cory Styron for a special use permit for a crematorium at the Farmington Regional Animal Shelter located at 133 Browning Parkway in the IND Industrial District as recommended by staff. AYE: Chairman Ivie, Commissioners Cardon, Freeman, Jaques, Langenfeld, Ragsdale, Thompson, Ziesmer and Arnold (Alt) NAY: Commissioner Buchanan ABSTAINED: None ABSENT: Commissioner Washburn (Alt) Motion passed 8-1 COMMUNITY DEVELOPMENT PETITION REPORT SUP 13-08 – 4000 Lomas Street Above Ground Fuel Tank Planning and Zoning Commission Discussion of SUP 13-08 on July 25, 2013 Senior Planner Cynthia Lopez presented the staff report from Brady Trucking for an above-ground storage tank at 4000 Lomas Street, which is a dead end street off of Troy King Road. Brady Trucking has indicated that 70 percent of their fleet is oil field related and their company uses fuel at approximately 2500 gallons a day. They would like to have their own 12,000 fuel tank to save money and to reduce the Department of Transportation (DOT) time that is wasted waiting to fill up the trucks elsewhere. The tank is planned to be located in the center of their site and is greater than 50 feet from 19 any other structure. Ms. Lopez stated the D&H Petroleum would be doing the tank installation, and that any standards for fire and building code, including screening as noted in the Unified Development Code (UDC) would have to be met. Staff is recommending approval of SUP13-08. Commissioner Cardon stated that she read in the comment summary that City Engineer Nica Westerling spoke about having 2 smaller tanks. Ms. Lopez stated that Ms. Westerling’s comments were written prior to a meeting with the Fire Department. Ms. Lopez added that requirements for security of the site are also spelled out in the UDC. Mr. Terry Sterrett of Brady Trucking stated that he had read staff’s recommendation and had no concerns. He felt that the report was well done. He did state that this tank will allow drivers to save their DOT hours and also reduce any traffic issues in and around the current fueling locations. He added that this is a double-walled, self-contained fuel tank, and is confident that it is the best they can buy. Commissioner Freeman asked if they had similar tanks elsewhere. Mr. Sterrett said yes, in Grand Junction, Vernal and North Dakota and the company has no issues with any of them. Planning and Zoning Commission Action of SUP 13-08 on July 25, 2013 A motion was made by Commissioner Thompson, seconded by Commissioner Buchanan to approve 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 sales to the general public. AYE: Chairman Ivie, Commissioners Buchanan, Cardon, Freeman, Jaques, Langenfeld, Ragsdale, Thompson and Ziesmer NAY: Arnold (Alt) ABSTAINED: None ABSENT: Commissioner Washburn (Alt) Motion passed 9-0 COMMUNITY DEVELOPMENT PETITION REPORT CCV 13-01 – 411 N. Allen Avenue Above Ground Fuel Tank Planning and Zoning Commission Discussion of CCV 13-01 on July 25, 2013 Senior Planner Cynthia Lopez presented the staff report for CenturyLink, represented by John Reeves of D&H Petroleum. This request is for an accessory use to a Minor Utility and is located in the MU/RPO district. The request is for a backup fuel tank to a generator for replacing an existing 2,000 gallon tank that is of single-wall construction. Ms. Lopez stated that the new tank will be a double walled concrete tank, with bollards all around and fenced in to restrict access. The UDC states that an above ground tank storing hazardous materials cannot be greater than 660 gallons, the International Fire 20 Codes as amended by the City Council states not greater than 1,000 gallons. However the accessory use is an allowed use for a minor utility. The petition consists of a variance to Codes, and is before the Commission for a recommendation that will be sent to the City Council. Staff is recommending approval of CCV 13-01. Commissioner Thompson asked how they had come to have an existing 2,000 gallon tank and what if the request was denied. Ms. Lopez stated the current tank is a nonconforming use, which was installed prior to the current standards and when upgrades occur, the tank must be brought into compliance. Mr. John Reaves of D&H United Pump Supply had no questions regarding staff’s recommendation. In answer to Commissioner Thompson’s question regarding no action, Mr. Reeves stated that the New Mexico Environmental Department has new regulations that require all tanks to be above-ground and of double-walled construction, so the existing tank would need to be removed, relined, encased in concrete and replaced above-ground. The amount of fuel storage would remain the same. Commissioner Freeman stated that he understands that this fuel is for a backup generator. Mr. Reeves stated that is correct. Commissioner Langenfeld asked about the appearance of this tank because of the nearness of the park located to the south and west, and if the new tank would look the same as the existing one. Mr. Reeves stated that the current tank is located under the sidewalk, and that the new site is behind the building in an area approximately 6-feet x 14-feet, with a 6-foot fence chain link fence surrounding the area. Commissioner Langenfeld asked staff why this petition did not go to the MRA Committee. Ms. Lopez stated that the accessory use being approved does not change the existing footprint or appearance of the building. Planning and Zoning Commission Action of CCV 13-01 on July 25, 2013 A motion was made by Commissioner Freeman, seconded by Commissioner Cardon, to approve 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 International Fire Code 2003 (IFC) and the UDC Section 2.4.53, to allow a 2,000 gallon fire protected double-walled above-ground tank for a minor utility in the MU/RPO Mixed-Use District with a Residential Preservation Overlay located at 411 N. Allen. AYE: Chairman Ivie, Commissioners Buchanan, Cardon, Freeman, Jaques, Langenfeld, Ragsdale, Thompson, Ziesmer and Arnold (Alt) NAY: None ABSTAINED: None ABSENT: Commissioner Washburn (Alt) Motion passed 9-0 Business from the Floor: There was no business from the floor. Business from the Chairman: There was no business from the chairman. 21 Business from Members: Commissioner Arnold shared that he felt the new meeting time of 3:00 pm was more conducive to his schedule. Commissioner Thompson agreed, as did Commissioner Cardon, who added that this is evident in the attendance today. Business from Staff: Ms. Lopez stated that the zone change petition for Ms. Arta Specht was approved on the consent agenda by City Council on July 23, 2013. She shared that staff was hoping to have a liaison to attend the meetings for the Master Parks and Trails Plan review and report back to the Commission with updates. Director Holton added that this board will be meeting once a month on the third Thursday at 7:00pm in the Executive Conference Room. The board will also be having public meetings which are optional to attend. Any decisions made by Parks and Recreation Commission would be proposed amendments to the Comprehensive Plan. Commissioner Langenfeld asked if this same information could be found in the minutes from these meetings. Director Holton added that it is better to attend the meeting and have more information ongoing from that board to this one. As an example she stated that if there was a proposed amendment before the Planning and Zoning Commission, the history of the information could provide the Commission an insight regarding the PRCA Commission’s proposal. Chairman Ivie added that this same type of process was used during the process for the UDC and the extra input to the Commission was very helpful. Commissioner Thompson volunteered for this position, disclosing that his wife is already on the PRCA Commission. Director Holton reminded the commissioners about the upcoming October 2-5, 2013 New Mexico State Planning Conference and that we will be sending out information. There will be mobile workshops on Wednesday afternoon, educational sessions on Thursday and Friday, and technical training on Saturday. Director Holton added that there will be Board & Commission training on Friday afternoon and that this training session will be free to all Planning Commissioners. She stated that if the Commissioners were interested in attending the conference and/or the commissioner training that they contact staff and staff will handle the registration. Adjournment With no further business the Planning and Zoning Commission meeting of July 25, 2013 was adjourned at 5:43 p.m. __________________________ ____________________________ Dennis Ivie Dee Dee Moore Chairman Office Manager 22