Planning & Zoning

AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive March 14, 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 28, 2019 P&Z Meeting 33 4 Petition No. SUP 19-08 – a request from Joel Hunt with Thatcher Chemical, 1 represented by Nathan Bergal, for outside storage of hazardous materials in the IND, Industrial District, for property located at 3111 Bloomfield Highway. (Helen Landaverde) 5 THIS PETITION HAS BEEN CANCELLED AT THE REQUEST OF THE PETITIONER. Petition No. ZC 19-12 – a request from Francisco Gutierrez for a zone change from GC, General Commercial, to MU, Mixed Use, to allow for residential units to continue and to allow for new residential construction. (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 26, 2019. 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.  Petition Report - SUP 19-08 Page 1 COMMUNITY DEVELOPMENT STAFF REPORT Petition SUP 19-08 – Special Use Permit for Storage of Hazardous Materials at 3111 Bloomfield Highway in the IND, Industrial District A. STAFF REPORT- March 14, 2019 PROJECT INFORMATION Applicant Thatcher Company Representative Nathan Bergal Date of Application January 31, 2019 Requested Action Special Use Permit for the Storage of Hazardous Materials Location 3111Bloomfield Highway (R0035290) Existing Land Use Industrial Existing Zoning IND Industrial North: IND Industrial/ Commercial South: IND Industrial/ Commercial and SF-7 SMHAO, Single-family Special Mobile Home Area Overlay District/ Surrounding Residential Zoning & East: IND Industrial/ Commercial and SF-7 SMHAO, Land Use Single-family Special Mobile Home Area Overlay District/ Residential West: IND Industrial/ Commercial Publication of Notice for public hearings of the Planning and Zoning Commission and City Council appeared in the Farmington Daily Times on Sunday, February 24, 2019. Notice Property owners within 100 feet were sent notice by certified mail Wednesday, February 20, 2019 and a sign was posted on Friday, March 1, 2019. Staff Planner Helen Landaverde, Associate Planner 1. STAFF ANALYSIS Project Description The applicant, represented by Nathan Bergal, is requesting a special use permit for the storage of hazardous materials for property located at 3111Bloomfield Highway, previously Baker Hughes Process and Pipeline Services, in the IND Industrial District. Pursuant to Table 2.3 of the Unified Development Code (UDC) the storage of hazardous materials is only permitted in the IND district with an approved special use permit. The storage of hazardous materials shall comply with the following standards (UDC 2.4.53):  Petition Report - SUP 19-08 Page 2 A. 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. B. 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). C. The site shall be kept in an orderly manner, free of litter and debris. D. Storage of explosives shall be prohibited, unless stored in accordance with the applicable fire code. E. Flammable liquids or gases in quantities greater than 660 gallons shall be stored underground, unless otherwise permitted by the city. F. Hazardous materials shall not be allowed in regulatory floodplain. (See section 5.6.2). Surrounding Properties The surrounding properties are zoned IND, Industrial District. The following businesses previously operated at 3111Bloomfield Highway:  Baker Hughes Process and Pipeline Services (not registered with the City). This part of the City was annexed in 1984 after the original subdivision regulations were adopted (June 22, 1971). The oldest deed found for the subject property is from 1972 (see attached deed). The subject property is not a lot of record and is considered to be a nonconforming lot. A summary plat will be required for building permits if the applicant proposes to expand the existing footprint, build, and/or place additional structures on the property. There are no adjacent household dwellings. The closest dwellings are approximately 369 - 644 feet southwest of the subject property (see Figure 2) and in the SF-7 SMHAO, Single-family Special Mobile Home Area Overlay District (see Figure 3. City of Farmington Zoning Map). Consistency with the Comprehensive Plan The Comprehensive Plan, 2020 Future Land Use Plan, calls 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.  Petition Report - SUP 19-08 Page 3 Figure 1. 2020 Future Land Use Plan Figure 2. Household living near proposed use  Petition Report - SUP 19-08 Page 4 Figure 3. City of Farmington Zoning Map Subject property Site Plan Proposal The applicant, Thatcher Company, recently purchased the subject property and would like to relocate their operations and inventory from Aztec, New Mexico to 3111Bloomfield Highway in phases; possibly two (2) phases (see Site Proposal). The property is approximately 2.940 acres. Thatcher Company intends to store chemicals and distribute materials to customers in and around Farmington. Therefore, the applicant is requesting a special use permit for the storage of various hazardous materials, such as Hydrochloric Acid, on the subject property (see Figure 4 and List of Products):  Petition Report - SUP 19-08 Page 5 Figure 4. Project Description (Phase I) Figure 5. Layout of subject property.  Petition Report - SUP 19-08 Page 6 Figure 6. Proposed chemical storage.  Petition Report - SUP 19-08 Page 7 Figure 7. General Traffic Flow. Site Security The subject property’s perimeter is fenced with a 6-foot to 8-foot tall chain link fence. 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. Staff Issues: Community Director – M. Holton: 599-1285 and mholton@fmtn.org The petitioner must work closely with the Fire Marshal and Building Inspections on this petition. Chief Building Official – D. Childers: 599-1305 and dchilders@fmtn.org Building permits will be required for all remodeled and new control areas. Fire Marshall – Brandy Vega: 599-1439 and bvega@firenet.org 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)  Petition Report - SUP 19-08 Page 8 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. Code Compliance – M. Romero: 599-1318 and mromero@fmtn.org A valid City of Farmington business license must be obtained before any business can be conducted. Engineering – T. Sitta: 505-599-1399 and tsitta@fmtn.org Please provide proof of coverage under the National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit (MSGP) for Industrial uses. A copy of the Notice of Intent (NOI) and Site Map showing structures, storage areas, and stormwater discharge points needs to be submitted to the City for review.  Petition Report - SUP 19-08 Page 9 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. The surrounding properties are zoned IND and the storage of hazardous material is permitted with an approved special use permit. The storage of hazardous materials is compatible with the industrial uses of this area. The size of the subject property is approximately 2.940 acres and should be sufficient for the storage of hazardous chemicals. Additionally, there are no adjacent household dwellings. The nearest dwellings are approximately 369 - 644 feet southwest of the subject property. Best management practices need to be implemented as well as adherence to the City’s building, fire, and engineering standards. In addition, adherence to conditions associated with City and/or other agency permits must be implemented. The subject property is suitable for the continuation of industrial use as proposed by the applicant with proposed conditions for this Special Use Permit petition. It is not expected for the proposed use to cause significant detriment or injury to the public, adjacent properties, or surrounding area. All operating characteristics will remain the same and should not affect the surrounding neighborhood or the neighboring property. B. Compatible with surrounding area: The proposed site plan, circulation plan, and schematic architectural designs shall be harmonious with the character of the surrounding area with relationship to scale, height, landscaping and screening and density. Most of the surrounding properties are zoned IND District, and the storage of hazardous chemicals is an allowed use with the approval of a Special Use Permit in IND District. The applicant has submitted a site plan showing the proposed location of the hazardous materials. The subject property is fenced with a 6-foot to 8-foot tall chain link fence. The proposed storage of hazardous chemicals will be located within the fenced area of the subject property.  Petition Report - SUP 19-08 Page 10 The proposed storage of hazardous chemicals on the subject property is compatible with the surrounding area and is in harmony with the industrial character of this area. 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 applicant and/or new property owner is required to mitigate any adverse impacts to the area. Improvements and/or development on the subject property will require submission of 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 improvements and/or development. D. Infrastructure impacts minimized: The proposed use shall not have negative impacts on existing uses in the area and in the city through impacts on public infrastructure such as roads, parking facilities and water and sewer systems, and on public services such as police and fire protection and solid waste collection, and the ability of existing infrastructure and services to provide services adequately. The proposed use will not have a negative impact on existing uses in the area and/or negative impacts on public infrastructure. Adequate facilities and services are currently provided. 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 Comprehensive Plan, 2020 Future Land Use Plan, calls 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. F. Parcel size: The proposed use may be required to have additional land area, in excess of the minimum lot area otherwise required by the underlying zoning district, as necessary to ensure adequate mitigation of impacts on surrounding land uses and the zoning district. The subject property has already been developed. The request is for light industrial and should not generate more traffic than what is associated with industrial uses in the IND District. Any future demolition and redevelopment will need to meet the established requirements of the zoning district. 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.  Petition Report - SUP 19-08 Page 11 The petitioner provided a site plan that conforms to the standards of Section 8.5 (see attachment). STAFF CONCLUSION Staff concludes that approval of Petition SUP 19-08 is appropriate with conditions. The applicant needs to mitigate impacts to the area. Improvements and/or development on the subject property will require submission of building plans, which are consistent with all of the City’s current building and fire standards and/or other agency permits, for review and approval prior to any site improvements and/or development. Adhering to best management practices will minimize any potential negative impacts on existing uses in the area. STAFF RECOMMENDATION The Community Development Department recommends approval of Petition SUP 19- 08, a request from Thatcher Company, represented by Nathan Bergal, for the storage of hazardous materials for property located at 3111Bloomfield Highway in the IND, Industrial District, with conditions: 1. The applicant will be required to submit a summary plat application for building permits, if the applicant proposes to expand the existing footprint, build, and/or place additional structures on the property. 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.  Petition Report - SUP 19-08 Page 12 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. 1. Develop an Emergency Action Plan (EAP). 2. Provide a detailed description of all processes and storage and intended use of all chemicals. 3. 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 4. 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.  Petition Report - SUP 19-08 Page 13 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, Thatcher Company 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. 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 19-08 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. Petition Report - SUP 19-08 Page 14 Petition Report - SUP 19-08 Page 15  Petition Report - SUP 19-08 Page 16 PLANNING MEMO COMMENTS SUMMARY SUP 19-08 THATCHER CHEMICAL, 3111 BLOOMFIELD HWY Deadline: 2/8/19 City of Farmington Departments CD The petitioner must work closely with the Fire Director – M. Holton Marshal and Building Inspections on this petition. CD Addressing – Planning Division 1- Before any hazardous materials can be CD stored. A - Provide engineered plans for review and approval for each control area to include: 1- Code analysis (IFC, IBC) for each control area with the chemicals stored there. 2- Site layout with new and existing control areas. 3- Material data sheets. 4- Construction plans if a building permit is needed. B- Provide a copy of the National Pollutant Discharge Elimination System (NPDES) Muti Use General Permit for review. C- Develop a Master Emergency Action Plan with the City of Farmington Fire Department. 2- Any new hazardous material stored or addition of a new control areas. A - Provide engineered plans for review and approval for each new control area to include: 1- Code analysis for each control area with the chemicals stored there. 2- Site layout with new and existing Chief Building Official – D. Childers control areas. 3- Material data sheets. 4- Construction plans if a building permit is needed. B- Provide a code analysis for the control area that any new hazardous materials are stored in. 3- Maintain the National Pollutant Discharge Elimination System (NPDES) Muti Use General Permit. 4- Maintain the current City of Farmington adopted International Fire Code, hazardous materials storage requirements. 5- Maintain the Master Emergency Action Plan. 5- If the City of Farmington Fire Department implements a Hazardous Material Storage Permit, you will be required to obtain a permit and maintain it. 6- This Special Use Permit can be revoked if any of the above conditions are not met.  Petition Report - SUP 19-08 Page 17 CD Long Range Planner CD MPO CD Oil & Gas Inspector – L. Simms CITY City Manager’s Office – J. Baird No comment ELEC Customer Care Manager – L. Richardson ELEC Electrical Engineering – L Aligarbes No conflict ELEC T & D – R. Romero FIRE Fire Captain – D. Doudy As discussed before, these types of facilities take FIRE a substantial amount of time to sort through due Fire Marshall – B. Vega to the number of chemicals. We are working on that process but will not likely be complete by the 8th of February. LEGAL City Attorney – J. Breakell No comment LEGAL Deputy City Attorney – E. Wayne A valid City of Farmington business license must POLICE Code Compliance – M. Romero be obtained before any business can be conducted. POLICE Sergeant – P. Flores PRCA S. Reeves/ R. Crosby No comment PRCA ORII – C. Styron No comment PW City Engineer – N. Westerling PW Please provide proof of coverage under the National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit (MSGP) Engineering – T. Sitta for Industrial uses. A copy of the Notice of Intent (NOI) and Site Map showing structures, storage areas, and stormwater discharge points needs to be submitted to the City for review. PW Streets Superintendent PW Traffic Engineer – I. BlueEyes PW Water/Waste Water – M. Tso No comment Other Entities New Mexico Gas Company – R. Castillo No comment CenturyLink – D. Willato No comment Enterprise Field Services Comcast Cable – M. Johnson CH2MHILL OMI Surface Land Negotiator for BP – M. Venzara Farmington School District – C. Lyons  Petition Report - SUP 19-08 Page 18 Farmington Fire Department Requirements for facilities storing and using Hazardous Materials 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. Petition Report - SUP 19-08 Page 19 Petition Report - SUP 19-08 Page 20  Petition Report - SUP 19-08 Page 21 Phase I Petition Report - SUP 19-08 Page 22 Petition Report - SUP 19-08 Page 23 Petition Report - SUP 19-08 Page 24 Petition Report - SUP 19-08 Page 25  Petition Report - SUP 19-08 Page 26 Phase II Petition Report - SUP 19-08 Page 27 Petition Report - SUP 19-08 Page 28 Petition Report - SUP 19-08 Page 29 Petition Report - SUP 19-08 Page 30 Petition Report - SUP 19-08 Page 31 Petition Report - SUP 19-08 Page 32  MINUTES PLANNING & ZONING COMMISSION February 28, 2019 The Planning and Zoning Commission met in a regular session on February 28, 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 Ryan Brown Shay Davis Kristin Langenfeld Wayne Mangum Mitchell Sewell Cody Waldroup P&Z Members Absent: Joyce Cardon Elizabeth Lockmiller Cheryl Ragsdale Staff Present: Gary Leikness Toni Sitta David Sypher Karen Walker Others Who Addressed the Commission: Mike Atchison Richard Hodges Denny Krivokapich 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 Waldroup and seconded by Commissioner Mangum to approve the minutes of the February 14, 2019 P&Z Meeting. This motion was approved unanimously by a 7-0 vote. Election of Officers A motion was made by Commissioner Davis and seconded by Commissioner Waldroup to elect Joyce Cardon as the Planning & Zoning Chair. The vote was 7-0. A motion was made by Commissioner Davis and seconded by Commissioner Brown to elect Clint Freeman as the Planning & Zoning Vice Chair. The vote was 7-0. Swearing in of Witnesses All parties that wished to speak on behalf of any agenda items were sworn in by Karen Walker. CONSIDERATION & RECOMMENDATION ZC 19-06 RE-20, Residential Estate, to GC, General Commercial West Main Street, north of the intersection of W. Apache Street Planning & Zoning Commission Discussion of Petition ZC 19-06 on February 28, 2019 Planning Manager Gary Leikness presented the staff report for ZC 19-06, a request from the City of Farmington to rezone 6.13 acres from RE-20, Residential Estate to GC, General Commercial for property located south along West Main Street and north of the intersection of West Apache Street and Westland Park Drive. Mr. Leikness displayed a map for the Commissioners and explained the location of the property. The land owners are requesting a GC zoning for the entire property. The split zoning resulted from a past annexation where the boundary lines became confused, said Mr. Leikness. The result of the annexation was two zones that were unintended. The City saw this as an opportunity to correct something that needed correcting. The Director of Community Development initiated the zone change request. To the north is GC and RE-20. To the south is LNC, Local Neighborhood Commercial, MF-M, Multi-family Medium Density, and some GC. The request has been reviewed against the criteria for rezoning. It is compatible with the Comprehensive Plan. The property will be required to be screened and protected when it comes through for development at a future date. Letter D in the Staff Report states, “Is the proposed density and intensity of use permitted in the proposed zoning district?” The zone change for GC offers a wide range of commercial land uses. We have no specific proposal associated with this zone change, said Mr. Leikness. It has adequate public facilities and services, and the proposed zone change does not constitute a spot zone. There were no comments from other staff members. Staff concludes that the requested ZC 19-06 meets all six required criteria for approval. Community Development recommends approval. Commissioner Davis asked for clarification as to why the City is the representative on this zone change. Mr. Leikness said the UDC, Unified Development Code, allows for the City to initiate rezoning on a property with the consent of the land owners. Acting Chair Freeman asked for clarification on why during the annexation this section of property next to Main Street was zoned as residential rather than GC. Mr. Leikness explained that during annexation, the intent was to have everything north of West Main as RE-20. Everything south of West Main was to be GC. He explained that the boundary for the annexation line was supposed to be the same as the zoning line. Mr. Leikness confirmed that the rezoning is a correction of the zoning lines. Commissioner Waldroup asked why the property to the northwest, which is also zoned RE-20, is not being corrected as well. Mr. Leikness said rezoning for that property has not been initiated for this petition. There is a fire station and park land in that area and there is not a need to rezone. Commissioner Davis asked if the City was paying for the rezoning. Mr. Leikness said the property owner provided information from the title company and the City waved the application fee. Mike Atchison, 7560 Hwy. 64, Blanco, is one of the property owners for this petition, and said he appreciates what the City has done with the zone change. Denny Krivokapich, 4102 Skyline Drive, is also a property owner for this petition. He is in agreement with the zone change. Ron Kronig, 401 Cerrillos Drive, said he owns property across Main Street from the property that is being rezoned. He said he recently inherited the property and said it should also be zoned GC. He asked why his property was not included in the zone change. Mr. Leikness said the property across Main Street does not call for GC in the Comprehensive Plan. Denny Krivokapich said he was curious as to why the north side of West Main was not also zoned GC. Acting Chair Freeman tried to explain the Comprehensive Plan to Mr. Krivokapich. David Sypher, Public Works/Community Development Director, noted that the Comprehensive Plan is in the process of being updated. That process will take approximately 18 months. Mr. Krivokapich expressed an interest in rezoning his property to GC. Commissioner Waldroup asked the City to make sure the property to the north of Main Street is zoned correctly. Richard Hodges, 65 Casa Linda Court, said he has lived in the area for 30 years and would like to know what will happen to the property. Mr. Hodges said the property has a large ditch and several large trees. Acting Chair Freeman said currently there is not a clear answer on what the plan is for the property. Planning & Zoning Commission Action of Petition ZC 19-06 on February 28, 2019 A motion was made by Commissioner Davis and seconded by Commissioner Waldroup to approve Petition ZC 19-06, a request from the City of Farmington to rezone 6.13 acres from RE- 20, Residential Estate to GC, General Commercial for property located south along West Main Street and north of the intersection of West Apache Street and Westland Park Drive. AYE: Acting Chair Freeman, Commissioners Brown, Davis, Langenfeld, Mangum, Sewell, and Waldroup. NAY: None Abstained: None Absent: Chair Cardon, Commissioners Lockmiller, and Ragsdale. Motion passed 7-0 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 noted that SUP 18-100, a request from David Kasnoff with Halliburton, represented by Vade Hollingsworth for property located at 3250 Southside River Road stayed on consent at the February 26, 2019 City Council meeting. Adjournment: With no further business and a motion by Commissioner Mangum and seconded by Commissioner Sewell, the Planning and Zoning Commission meeting of February 28, 2019 was adjourned at 3:28 p.m. ____________________________ _____________________________ Clint Freeman Karen Walker Acting Chair Administrative Assistant