Planning & Zoning
Regular MeetingFarmington, NM · February 28, 2019
Agenda
AGENDA
Planning & Zoning Commission
City Council Chambers – 800 Municipal Drive
February 28, 2019, at 3:00 p.m.
Item Page
1 Call Meeting to Order
2 Approval of the Agenda
3 Approval of the Minutes of the February 14, 2019 P&Z Meeting 18
4 Election of Officers
5 Petition No. ZC 19-06 – a request from the City of Farmington to rezone 6.13 1
acres contained in San Juan Tax Assessor Parcel’s 2078172275037 and
2078172239020 from RE-20, Residential Estate District, to GC, General
Commercial for property located south along W. Main St., southeast of Deer
Trail, and north of the intersection of W. Apache St. and Westland Park Dr.
(Gary Leikness)
6 Business from:
Floor:
Chairman:
Members:
Staff:
7 Adjournment
The recommendation of the Planning and Zoning Commission is scheduled to be considered at
the City Council Meeting on Tuesday, March 12, 2019.
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COMMUNITY DEVELOPMENT PETITION REPORT
Petition ZC 19-06 – A Zone Change Request from RE-20, Residential
Estate 20, to GC, General Commercial District
West Apache and Westland Park Drive, along West Main Street
A. STAFF REPORT, February 24, 2019
PROJECT INFORMATION
Applicant City of Farmington.
Representative Julie Baird
Date of Application January 30, 2019
Zone Change Request from RE-20, Residential Estate 20, to
Requested Action
GC, General Commercial District
The subject properties are located south along W Main
Location St/US 64, southeast of Deer Trail St and north of the
intersection of W Apache St and Westland Park Drive.
Existing Land Use Vacant Land
Existing Zoning RE-20, Residential Estate 20
North: GC, General Commercial and RE-20, Residential
Estate 20
South: LNC, Local Neighborhood Commercial, MFM,
Multifamily Medium Density, and GC, General
Surrounding
Commercial
Zoning
East: RE-20, Residential, and GC, General Commercial/
Commercial
West: Westland Park, San Juan River, and RA, Rural
Agricultural
Notice Publication of Notice for public hearing of the Planning and
Zoning Commission and City Council appeared in the
Farmington Daily Times on Sunday, February 10, 2019.
Property owners within 100 feet were sent notice by certified
mail on Wednesday, February 6, 2019 and a sign was
posted at the site on Friday, February 15, 2019.
Staff Planner Gary Leikness, AICP, CFM Planning Manager
STAFF ANALYSIS
Project Description
The petitioner (City of Farmington) is requesting a zone change, for the subject
properties (R6000854, and R0023528), from the RE-20, Residential Estate 20 to GC,
General Commercial. The petitioner is proposing the zone change to allow commercial
land uses on the subject properties.
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Petition Report– ZC 19-06
Page 2
The land owners contacted the city to determine what the properties are zoned as, It
was determined that the properties had multiple zoning designations. Specifically, the
street frontage on West Main Street, for both properties, is zoned RE-20, while the
interior of the properties has a GC zoning designation. The split zoning resulted from a
past annexation (Ordinance No. 2006-1172), which created a new city boundary line
that then became the existing zoning boundary. The map that accompanied the
Ordinance (See figure 4), shows that the annexation extended from the north, then
through W. Main Street, then 200 feet south of W. Main Street, running parallel to it.
As the properties are “split zoned,” the Director of Community Development initiated a
zone change request1. Split zoning is allowed in the UDC2, but is not a preferred best
practice. The split zone, in this case, inhibits the development of new land uses, as the
street frontage (W. Main Street) is zoned RE-20, not commercial.
San Juan County Tax Assessor’s records list the size of the western parcel to be
2.85 acres (124,146 ft.²), while eastern property is listed as 3.28 acres (8759.83 ft.²).
The properties are currently vacant.
Figure 1. Aerial of subject properties.
1
Unified Development Code Section. 8.7.2C Initiation of rezoning
2
Unified Development Code Section. 2.23 Multiple Zoning Districts
2
Petition Report– ZC 19-06
Page 3
Figure 2. Zoning Map of Subject Properties.
RE-20
GC
GC and Parkland
GC RE-20
LNC
MF-M
Proposal
The petitioner is requesting a zone change for the subject properties, from the RE-20,
Residential Estate 20 to GC, General Commercial. Rezoning the two parcels to GC
will allow the land to develop appropriately with commercial land uses.
3
Petition Report– ZC 19-06
Page 4
Consistency with the Farmington Comprehensive Plan
The 2020 Future Land Use Plan Map supports commercial land uses for these two
parcels. The area in red on Figure 3 is designated as Commercial.
Figure 3. Comprehensive Plan, Land Use Map
Subject Property
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Petition Report– ZC 19-06
Page 5
The following goal and objectives are from the 2020 Comprehensive Plan:
Land Use and Development3
Goal: Plan and facilitate land use and development that is consistent, orderly,
functional, in harmony with the natural environment, and promotes a progressive,
vibrant, scenic, and safe community.
“Objective 4.5.2: Locate new commercial developments near existing commercial
areas and buffer from residential.”
“Objective 4.5.3: Ensure appropriate zoning to support the viability of old as well
as new commercial development.”
Surrounding Land Uses
North: Generally vacant Land.
South: Residential (four plex structures), storage units, and City park land.
East: Vacant land, and W. Main Street
West: Parkland and a fire station.
STAFF ANALYSIS
A. Is the proposed zoning consistent with the Farmington Comprehensive
Plan?
The zone change request for GC, General Commercial, is consistent with the
provided sections of the Comprehensive Plan, goals and objectives listed
previously. The request is consistent with the Comprehensive Plan Map (see
figure 3), in that the request is for GC, and the Comprehensive Plan designates
the future land use of the properties as Commercial. This criterion is satisfied.
B. Is the proposed zoning and land use(s) compatible with the present zoning
and conforming uses of nearby property and the character of the
neighborhood?
To the north and to the east of the properties there is vacant land as well as W.
Main Street ROW, Right of Way. Surrounding Zoning includes, GC, and RE-20.
The areas separated by W Main St (100 ft. right of way), will generally be
unaffected by a GC zone. The property to the south includes, LNC, MFM, and
GC zoning. The land uses include storage units, and residential (four plexes,
single family homes, and a mobile home). To the west, there is Westland Park,
and a fire station.
The proposed zoning for the subject properties is generally compatible with the
present zoning and character of the neighborhood. However, as part of any
3
Farmington Comprehensive Plan (2002). Chapter 4 Land Use and Development, pp. 4-11 – 4-12.
5
Petition Report– ZC 19-06
Page 6
future development of the land sufficient buffers between the subject properties
and the neighborhood to the south will be needed. This criterion is met.
C. Will there be adverse impacts; and/or can any adverse impacts be
adequately mitigated?
There could be some incompatibility issues between the homes to the south and
a zoning designation of GC. Providing adequate buffering to those homes will be
essential. Lighting, noise, odor, and other potential negative externalities will be
addressed as part of any development proposal. This criterion is met.
D. Is the proposed density and intensity of use permitted in the proposed
zoning district?
The zone change request for GC permits a wide range of commercial land uses.
There is no specific proposal associated with this zone change request. This
criterion is met.
E. Are adequate public facilities and services available to serve development
for the type and scope suggested by the proposed zone? If utilities are
not available, could they be reasonably extended by the applicant? Is the
applicant willing to pay for the extension of public facilities and services
necessary to serve the proposed development?
Public services have been provided and City services such as Police and Fire
would be able to serve existing and new developments to this area.
Water, Sewer, and Electric are available at the subject properties. Future
developments may necessitate the need for upgrade infrastructure. However,
that will depend on future proposed land uses. This criterion is met
F. Does the proposed change constitute "spot zoning" as defined in Article
11, definitions?
Article 11 defines “spot zoning” as “where a particular tract within a larger area is
specifically zoned so as to impose upon it restrictions not imposed upon the
surrounding lands, or grant to it special privileges not granted generally, not done
in pursuance of the Comprehensive Plan.”
The proposed GC is appropriate for W. Main Street, because GC zoning is a
continuation of other GC zones to the north, and to the east (across the W. Main
St./W. Apache St.). Also, the properties are identified as Commercial on the 2020
Comprehensive Plan Land Use Map.
.
6
Petition Report– ZC 19-06
Page 7
The proposed zone change would therefore not constitute spot zoning4. This
criterion is met.
STAFF COMMENTS
There were no staff comments for this petition.
STAFF CONCLUSION
Staff concludes that the requested ZC 19-06 meets all six required criteria for
approval.
STAFF RECOMMENDATION
The Community Development Department recommends approval of Petition ZC 19-
06, a requested zone change from the RE-20, Residential Estate, to GC, General
Commercial, for parcel numbers R6000854, and R00233528, located on W. Main
Street.
4
The concept of “spot zoning” is addressed in the definition section, UDC:12, “Where a particular tract within a
larger area is specifically zoned so as to impose on it restrictions not imposed upon the surrounding lands, or grant to
it special privileges not grants generally, not done in pursuance of the Comprehensive Plan.”
7
Petition Report– ZC 19-06
Page 8
Figure 4. Map for Ordinance No. 2006-1172
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Petition Report– ZC 19-06
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Petition Report– ZC 19-06
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Petition Report– ZC 19-06
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Petition Report– ZC 19-06
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MINUTES
PLANNING & ZONING COMMISSION
February 14, 2019
The Planning and Zoning Commission met in a regular session on February 14, 2019 at 3:00 p.m.
in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico.
P&Z Members Present: Acting Chair-Clint Freeman
Shay Davis
Kristin Langenfeld
Elizabeth Lockmiller
Wayne Mangum
Cheryl Ragsdale
Mitchell Sewell
P&Z Members Absent: Ryan Brown
Joyce Cardon
Cody Waldroup
Staff Present: Derrick Childers
Helen Landaverde
Gary Leikness
Toni Sitta
David Sypher
Karen Walker
Others Who Addressed the Commission: Manuel Garcia
Vade Hollingsworth
David Kasnoff
Clint Freeman was elected Acting Chair for the February 14, 2019 Planning & Zoning meeting.
The vote was 7-0.
Call to Order
Acting Chair Clint Freeman called the meeting to order at 3:00 p.m. There being a quorum
present the following proceedings were duly had and taken.
Presentation of the Agenda
There were no changes to the agenda.
Approval of the Minutes
A motion was made by Commissioner Ragsdale and seconded by Commissioner Davis to
approve the minutes of the January 24, 2019 P&Z Meeting. This motion was approved
unanimously by a 7-0 vote.
Commissioner Sewell declared a conflict of interest with Petition SUP 18-100 and left the room.
Swearing in of Witnesses
All parties that wished to speak on behalf of any agenda items were sworn in by Karen Walker.
CONSIDERATION & RECOMMENDATION
SUP 18-100
Special Use Permit for outside storage of hazardous materials
3250 Southside River Road
Planning & Zoning Commission Discussion of Petition SUP 18-100 on January 24, 2019
Associate Planner Helen Landaverde presented the staff report for SUP 18-100, a request from
David Kasnoff with Halliburton, represented by Vade Hollingsworth, for outside storage of
hazardous materials in the IND, Industrial District, for property located at 3250 Southside River
Road.
This part of the City was annexed in 1984 after the original subdivision regulations were
adopted June 22, 1971. The subject property is not a lot of record and is considered to be a
nonconforming lot. A summary plat, Petition SP 19-04, is currently under review to come into
compliance.
Runoff from the subject property has caused flooding on Southside River Road. It appears that
the existing retention ponds on the west side of the property have not been maintained in the
past. As a result, the ponds have silted and have contributed to the runoff that leaves the
property and runs onto Southside River Road during storm events.
The applicant, Halliburton, recently purchased the subject property and would like to relocate
their operations and inventory from 4109 East Main Street to 3250 Southside River Road. The
property is approximately 20.55 acres.
Halliburton is proposing to have 14 outdoor storage locations. The details are on pages 4-5 in
the February 14, 2019 Planning & Zoning agenda book.
The subject property’s perimeter is fenced with a 6-foot tall chain link fence. The property has
push button access control devices for the entrance/exit gates. The proposed storage of
hazardous chemicals will be located within the fenced area of the subject property and the yard
area will be locked during non-operation hours and will be monitored continuously during
operation hours. In addition, the applicant proposes to have more automated access control
and security cameras on the property.
The applicant has also employed the services of TRC Environmental Corporation to evaluate
and assist with the application of environmental permits, authorizations and plans for the
subject property. Ms. Landaverde noted a table in the Planning & Zoning agenda book
summarizing the current status of the required environmental permits for stormwater,
emergency planning, spill prevention, air quality, etc.
The surrounding properties are zoned IND and there are no adjacent household dwellings. The
closest dwellings are approximately 135-feet to the northwest and approximately 639-feet
southwest of the subject property.
Petition SUP 18-100 is consistent with the 2020 Future Land Use Plan. This plan recommends
for this area to be Light Industrial. A Special Use Permit for the storage of hazardous materials
in the IND District is consistent with the UDC and the Comprehensive Plan. SUP 18-100 also
meets the criteria listed in Section 8.9.4 of the UDC for a Special Use Permit.
The Community Development Department recommends approval with conditions as provided
by Community Development, the Fire Department, and Public Works:
1. The applicant is to finalize the summary plat that has already been submitted.
2. Prior to any construction for the storage of hazardous material, the applicant shall
submit building plans that are consistent with all of the City’s current building and fire
standards and/or other agency permits for review and approval prior to site work.
3. All required federal, state and local permits and approvals shall be obtained by the
applicant and submitted to the City of Farmington prior to any construction or commencement
of any work. Any alteration to the proposal that may be required as a result of state or federal
agency review must be submitted as a revision to applicable City-issued permits and be
reviewed by the Community Development Director.
4. The following minor amendments shall be reviewed and approved by the director:
(1) Changes that result in a decrease or intensity for the storage of hazardous
materials.
(2) Change in the designation/location of the storage of hazardous materials on the
subject property.
(3) Change in major infrastructure features (e.g. roads/access, sewer, water, storm
drainage) for the subject property.
5. Major amendments. All other proposed amendments not specifically addressed above
shall be considered major amendments and must be processed in accordance with the
procedures and requirements of Section 8.9.3 Special use application process.
The following conditions are requirements of the Fire Department, which shall be responsible
for determining compliance with these conditions:
As a contingency to acquire and maintain the Special Use Permit, the City of Farmington Fire
Department sets forth the requirements outlined in the 2003 International Fire Code (IFC) to
meet and maintain the minimum requirements of Hazardous Material Storage and Use.
(IFC 2003 - 105.1.2, 2003 IFC - 105.2)
Before any hazardous materials can be stored or used the following shall occur:
1. Provide engineered plans for review and approval to include:
a. Site Layout with all control areas
b. Each control area shall identify all chemicals and amounts stored or used in each
control area.
c. Scalable with all distances for each control area from all lot lines, buildings and
other control areas.
d. Code analysis following the International Building Code (IBC) and the IFC
conducted by a Fire Protection Engineer, or Chemical Engineer.
e. All Material Data Sheets, including all mixtures.
f. All chemicals shall be identified by their hazard classes as outlined in the IFC.
g. All chemicals shall be identified as meeting the Mass Allowable Quantity (MAQ),
or exceeding the MAQ as outlined in the IFC.
h. Detailed construction plans for all needed permits.
2. Develop an Emergency Action Plan (EAP).
3. Provide a detailed description of all processes and storage and intended use of all
chemicals.
4. Follow the following requirements in the 2003 IFC
a. Hazardous Materials General Provisions chapter
b. Corrosive Material for all corrosive materials chapter
c. Flammable and Combustible Liquid chapter
d. Flammable Solids chapter
e. Highly Toxic and Toxic Materials chapter
f. Water Reactive Solids and Liquids chapter
5. The addition of any new chemicals, use of chemicals, control areas or buildings shall
require the following before the storage, use or addition of buildings or products:
a. Same requirements as in #1.
b. An updated EAP.
The following conditions are requirements of the Public Works - Engineering Division:
1. According to the EPA's National Pollutant Discharge Elimination System (NPDES) Multi-
Sector General Permit (MSGP) for Industrial Uses, Halliburton is required to seek coverage
under this permit per Part 8, Subpart I, Sector I of the MSGP.
2. The City requires the Petitioner to submit evidence of compliance with the EPA's NPDES
MSGP permit for the protection of the City's Municipal Separate Storm Sewer System (MS4)
and associated surface waters within the City limits.
3. A copy of the Notice of Intent (NOI) for coverage under this permit, submitted to the
EPA and a copy of the required Drainage Area Site Map, to include stormwater discharge points
from the property, Potential Pollutant Sources, and Erosion and Sediment Controls is required
to be submitted to the City for our records.
4. This City does not administer the EPA's NPDES MSGP permit. It is the responsibility of
the Petitioner to still meet all additional requirements for this permit for the EPA.
5. There is a lot of stormwater runoff of that leaves the property at 3250 Southside River
Road. The City requests that the petitioner take measures (cleaning any ditches or ponding
areas that may have silted in) to reduce the amount of runoff that leaves this property during
storm events.
6. Applicant must remove silt and restore ponds to capture and retain runoff.
7. Maintain the National Pollutant Discharge Elimination System (NPDES) Multi Use
General Permit.
The following recommended Operational Conditions shall be required for the life of the project:
1. If approved, the special use permit shall remain in effect provided that the use meets
the conditions imposed by Petition SUP 18-100 and maintains a valid City of Farmington
business license.
2. Any contamination/leaks/releases that occur on the property shall be reported
immediately to the City’s Police Department, Fire Department, Community Development -
Building Inspection Division and to all relevant local, state and federal authorities.
3. The City of Farmington reserves the right to revoke this special use permit approval, by
future action of the City Council, if the operations pose detrimental health impacts to the
surrounding area or environment.
4. Additionally, this Special Use Permit can be revoked if any of the above conditions are
not met.
Commissioner Langenfeld asked if the SUP stayed with the property if ownership changed. Ms.
Landaverde said an SUP stays with the land for commercial use as long as the use of the
property does not change based on the recent amendment to the code regarding SUPs.
Commissioner Freeman said the previous owners of the property, Baker-Hughes, used the
property for similar uses. Mr. Freeman asked if Baker-Hughes had an SUP. Ms. Landaverde
said she was not aware of an SUP for Baker-Hughes. The use for the previous company may
have been a grandfathered use prior to the code. BJ Services owned the land prior to Baker-
Hughes.
Vade Hollingsworth, 6 Road 6317, Kirtland, said he is the General Contractor for FCI
Construction for this project. Mr. Hollingsworth said his company has been working closely
with the City Building Inspection Division. He mentioned that the previous flooding issues were
on the west end of the property. All of the hazardous materials will be stored on the eastern
side of the property and should not be an issue with flooding.
David Kasnoff, 3199 D Road, Grand Junction, is a representative of Halliburton. He said the
property has historically been used for oilfield services. Halliburton has been operating at the
Main Street location since 1955. The goal for the new location is to have a safe working
environment for employees as well as public safety and safety for the neighboring community.
Halliburton wants to work with the current code standards, said Mr. Kasnoff. It is very
important to work hand-in-hand with building inspection, planning, and the fire department.
The intent is to consolidate chemical storage to a specific area.
Acting Chair Freeman asked Mr. Kasnoff if he has had a chance to look through the list of
conditions and if he had any issues with the conditions.
Mr. Kasnoff said oilfield services are trying to get away from the use of storing chemicals on
site. He said he is currently looking through the long list of conditions.
Manuel Garcia, 167 S. Browning Parkway is owner of San Juan Veterinary Hospital, which
adjoins the Halliburton property on the northwest side. Mr. Garcia said he is concerned about
chemical leakage, especially of hydrochloric acid, and how it could affect his staff and clients.
Mr. Kasnoff reassured Mr. Garcia that Halliburton will not be reusing tanks used by Baker-
Hughes and will not be storing a large volume of hydrochloric acid. The goal is to consolidate
the footprint to only the chemicals necessary until distribution. Mr. Kasnoff said if hydrochloric
acid is stored on the property, it will be on the far side from Mr. Garcia’s property.
Containment procedures will be in place and the possibility of any runoff will be in the opposite
direction. Mr. Kasnoff said Halliburton is working with environmental consultants to prevent
discharge of chemicals onto other areas. The goal is to be good neighbors and have full
disclosure. Mr. Kasnoff asked for clarification on condition #5 listed under Public Works.
Toni Sitta, City Public Works Engineer, clarified that condition #5 listed under Public Works to
clean out ditches or ponding areas that may have silted in is intended to clean out any existing
infrastructure to help mitigate any flows that leave the property. Ms. Sitta pointed to an area
on the aerial where runoff has previously entered the Southside River Road area. Cleaning up
any issues of drainage from practices that existed from the previous owner will be required.
Additional stormwater requirements will come on a case-by-case basis during the building
permitting process.
Commissioner Davis asked about ramifications if dirt from a property spills onto a public right-
of-way. Ms. Sitta said the issue would come under Code Compliance jurisdiction.
Mr. Kasnoff commented that working with City staff has been a very positive experience. He
said everyone with the City has been willing to work with him on this project, and he
appreciated the various meetings where City staff was able to give recommendations and
comments.
Vade Hollingsworth clarified for Mr. Garcia that tanks or vessels built on the property will have
a concrete tank below to contain the amount in the vessel if the vessel or tank would fail.
There are also other containment features for excessive rain or fire to contain chemicals. Mr.
Hollingsworth said there is a gas line that runs between the Halliburton property and the vet
clinic. Nothing will be built near that property line. There is a 20-foot setback and Halliburton
has extended that setback even further.
Planning & Zoning Commission Action of Petition SUP 18-100 on January 24, 2019
A motion was made by Commissioner Davis and seconded by Commissioner Ragsdale to
approve Petition SUP 18-100, a request from David Kasnoff with Halliburton, represented by
Vade Hollingsworth, for outside storage of hazardous materials in the IND, Industrial District,
for property located at 3250 Southside River Road with the following conditions:
1. The applicant is to finalize the summary plat that has already been submitted.
2. Prior to any construction for the storage of hazardous material, the applicant shall
submit building plans that are consistent with all of the City’s current building and fire
standards and/or other agency permits for review and approval prior to site work.
3. All required federal, state and local permits and approvals shall be obtained by the
applicant and submitted to the City of Farmington prior to any construction or commencement
of any work. Any alteration to the proposal that may be required as a result of state or federal
agency review must be submitted as a revision to applicable City-issued permits and be
reviewed by the Community Development Director.
4. The following minor amendments shall be reviewed and approved by the director:
(1) Changes that result in a decrease or intensity for the storage of hazardous
materials.
(2) Change in the designation/location of the storage of hazardous materials on the
subject property.
(3) Change in major infrastructure features (e.g. roads/access, sewer, water, storm
drainage) for the subject property.
5. Major amendments. All other proposed amendments not specifically addressed above
shall be considered major amendments and must be processed in accordance with the
procedures and requirements of Section 8.9.3 Special use application process.
The following conditions are requirements of the Fire Department, which shall be responsible
for determining compliance with these conditions:
As a contingency to acquire and maintain the Special Use Permit, the City of Farmington Fire
Department sets forth the requirements outlined in the 2003 International Fire Code (IFC) to
meet and maintain the minimum requirements of Hazardous Material Storage and Use.
(IFC 2003 - 105.1.2, 2003 IFC - 105.2)
Before any hazardous materials can be stored or used the following shall occur:
1. Provide engineered plans for review and approval to include:
a. Site Layout with all control areas
b. Each control area shall identify all chemicals and amounts stored or used in each
control area.
c. Scalable with all distances for each control area from all lot lines, buildings and
other control areas.
d. Code analysis following the International Building Code (IBC) and the IFC
conducted by a Fire Protection Engineer, or Chemical Engineer.
e. All Material Data Sheets, including all mixtures.
f. All chemicals shall be identified by their hazard classes as outlined in the IFC.
g. All chemicals shall be identified as meeting the Mass Allowable Quantity (MAQ),
or exceeding the MAQ as outlined in the IFC.
h. Detailed construction plans for all needed permits.
2. Develop an Emergency Action Plan (EAP).
3. Provide a detailed description of all processes and storage and intended use of all
chemicals.
4. Follow the following requirements in the 2003 IFC
a. Hazardous Materials General Provisions chapter
b. Corrosive Material for all corrosive materials chapter
c. Flammable and Combustible Liquid chapter
d. Flammable Solids chapter
e. Highly Toxic and Toxic Materials chapter
f. Water Reactive Solids and Liquids chapter
5. The addition of any new chemicals, use of chemicals, control areas or buildings shall
require the following before the storage, use or addition of buildings or products:
a. Same requirements as in #1.
b. An updated EAP.
The following conditions are requirements of the Public Works - Engineering Division:
1. According to the EPA's National Pollutant Discharge Elimination System (NPDES) Multi-
Sector General Permit (MSGP) for Industrial Uses, Halliburton is required to seek coverage
under this permit per Part 8, Subpart I, Sector I of the MSGP.
2. The City requires the Petitioner to submit evidence of compliance with the EPA's NPDES
MSGP permit for the protection of the City's Municipal Separate Storm Sewer System (MS4)
and associated surface waters within the City limits.
3. A copy of the Notice of Intent (NOI) for coverage under this permit, submitted to the
EPA and a copy of the required Drainage Area Site Map, to include stormwater discharge points
from the property, Potential Pollutant Sources, and Erosion and Sediment Controls is required
to be submitted to the City for our records.
4. This City does not administer the EPA's NPDES MSGP permit. It is the responsibility of
the Petitioner to still meet all additional requirements for this permit for the EPA.
5. There is a lot of stormwater runoff of that leaves the property at 3250 Southside River
Road. The City requests that the petitioner take measures (cleaning any ditches or ponding
areas that may have silted in) to reduce the amount of runoff that leaves this property during
storm events.
6. Applicant must remove silt and restore ponds to capture and retain runoff.
7. Maintain the National Pollutant Discharge Elimination System (NPDES) Multi Use
General Permit.
The following recommended Operational Conditions shall be required for the life of the project:
1. If approved, the special use permit shall remain in effect provided that the use meets
the conditions imposed by Petition SUP 18-100 and maintains a valid City of Farmington
business license.
2. Any contamination/leaks/releases that occur on the property shall be reported
immediately to the City’s Police Department, Fire Department, Community Development -
Building Inspection Division and to all relevant local, state and federal authorities.
3. The City of Farmington reserves the right to revoke this special use permit approval, by
future action of the City Council, if the operations pose detrimental health impacts to the
surrounding area or environment.
4. Additionally, this Special Use Permit can be revoked if any of the above conditions are
not met.
AYE: Acting Chair Freeman, Commissioners Davis, Langenfeld, Lockmiller, Mangum, and
Ragsdale.
NAY: None
Abstained: Commissioner Sewell.
Absent: Commissioners Brown, Cardon, and Waldroup.
Motion passed 6-0
Business from the Floor: There was no business from the Floor.
Business from the Chair: There was no business from the Chair.
Business from the Members: There was no business from the Members
Business from Staff: Gary Leikness said Petition PFP 18-101, a request from Rebecca Digman
for a preliminary final plat for property located at 501 and 505 Sandstone Avenue passed on
consent at the February 12, 2019 City Council meeting.
Adjournment: With no further business and a motion by Commissioner Ragsdale and seconded
by Commissioner Davis, the Planning and Zoning Commission meeting of February 14, 2019 was
adjourned at 3:36 p.m.
____________________________ _____________________________
Clint Freeman Karen Walker
Acting Chair Administrative Assistant
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