Planning and Zoning

Planning & Zoning Commission May t8h, 2013 Minutes City Council Chambers The regular meeting of the Planning and Zoning Commission was called to order at 7:00 p.m. by Chairman Phil Garcia. Upon roll call, the following were present: Chairman P. Garcia Vice-Chairman Mraz Commissioner J. Fuhs (Sr.) Commissioner Pawlowski Commissioner Wilson Commissioner Dooley Commissioner MacKenzie-Chavez Presented to the Chairman and Commissioners for their approval were the minutes of the April 10111, 2013 meeting. Commissioner Wilson motioned for approval of minutes as presented. Seconded by Commissioner Pawlowski, A.V.A. Motion Carried. Chairman Phil Garcia administered the oath required by state law for public forum. ITEM ONE: CASE #13-00200002: (Continued from April 10 th, 2013 Planning and Zoning Commission Meeting). Request by Gallup Holding & Investment Corporation DBA Gallup Development Corporation and Carbon City, LLC, property owners, for Concurrent Preliminary and Final Plat approval of East Gallup Toltec Subdivision, Unit 1. The property is located on the 3500 Block of East Historic Highway 66 more particularly described as Replat No. I of the Boyd Subdivision Unit I and Lot 2 Indian Hills Subdivision and an un-platted parcel; Containing 7.6 acs rn/I. Chairman Garcia asked CB if he was correct in his understanding that the applicant would like to re schedule Item #1 to next month’s meeting. CB replied that he is correct it is a matter of conflict in — scheduling the applicant’s busy schedule has prevented him from meeting with the City Attorney to — discuss the subdivision agreement. But a meeting has now been scheduled for next week, Tuesday, May 14 th, with the applicant, the City Attorney and CB. Motion by Commissioner Mraz to continue this item to the June th, 12 2013 Planning and Zoning Commission Meeting. Seconded by Commissioner Pawlowski, A.V.A. Motion Carried. ITEM TWO: CASE #13-00700001: (Continued from April lOs”, 2013 Planning and Zoning Commission Meeting). Request by Fuhs Industrial Park, LTD, PTNS, property owner, for a Conditional Use Permit to allow a pre-school in an Industrial Zoning District. The property is located at 506 Frances Street; more particularly described as Lot 2, Fuhs Addition. Prior to discussing this item, Commissioner Fuhs, applicant, recused himself and seated himself in the audience. CB reminded the Commissioners of the summary he made at last month’s meeting and explained that a preschool is permitted as a conditional use within the Heavy Commercial (C-3) District therefore it is permitted as a conditional use within the Industrial (I) District. However there are specific use regulations tied to this type of use, so those will have to be met in order to approve and be in compliance with this request. CB did add that an Industrial (I) Zoning District is not an ideal location for a pre-school, it has been brought to his attention that there is heavy (eighteen wheeler) traffic there but there are safeguards in place for the safety of the children. — CB also reminded the Commission that one of the obstacles at last month’s meeting is the requirement to install an automatic sprinkler system. The sprinkler system is required due to the square footage of the building, per our Code. When Mr. Fuhs asked for a continuance, CB had suggested we have the Fire Marshall present at our next meeting to explain the Code and why the sprinkler system is required. With that, Fire Inspector Jesus “Chuy” Morales stepped to the podium. After introducing himself, Fire Inspector Morales explained that he had visited the building with the ladies wanting to open the pre-school at that location. As they walked through the building, Inspector Morales noticed there was a second floor or story. Although he did not walk up to the second story, he could only assume the second story had the same amount of square footage as the first floor. The building is roughly eighty (80’) feet by eighty (80’) feet in size, thus having sixty- four hundred (6,400) square feet on the first floor, and assuming the second floor is the same size — the building is over the minimum requirement of twelve thousand (12,000’) square foot for the “educational” use. Any building over the twelve thousand (12,000’) square feet minimum, and the tenant will be using it for educational purposes, must have a fire sprinkler system installed. Inspector Morales noted that in his Task Force Comments dated March 2013, which were provided to the applicant, he requested formal verification of the total square footage of the building. To date he has not received any verification. Chairman Garcia reiterated how it is that Inspector Morales came to his square footage determination. He then asked Inspector Morales if he understood correctly there- is no leeway in waiving the requirement of the sprinkler system? Inspector Morales confirmed that Chairman Garcia was correct. Chairman Garcia asked if staff had met with the applicant after the meeting last month and if so, how did those discussions go. CB replied that Mr. Fuhs had not contacted our department to discuss this issue. Chairman Garcia asked if he was correct in assuming that staff’s recommendation is that the sprinkler system be installed and located at this building as a condition to the Conditional Use Permit. CB confirmed that to be his recommendation. He further explained that the only way to avoid the requirement would be if the second floor was separated in a way that it could be considered a “separate building”, but that would entail drastic options such as; separating the two floors with - fire separation walls with automatic closing doors or something that diminishes the square footage. He added that per Code this option would require fire walls and fire doors that close automatically, there is a lot involved. When there is open space, it is calculated into the overall space. Chairman Garcia asked Inspector Morales if he was not allowed access to the second floor when he visited the building. Inspector Morales replied that it is not that he was denied access; he just did not pursue going upstairs while he was in the premises. He added that upon his visit to the building, he did not have any measuring instruments with him. For this reason he had requested formal verification as to the actual square footage of the building. Planning & Zoning Commission Meeting May t8 h, 2013 Minutes Page 2 of 3 Regarding the second floor, Commissioner Dooley asked Inspector Morales if the ladies that would be running the pre-school would have access to that area. And if so, are the stairs in the building in compliance with current Code for children to be using to climb up and down the stairs. Inspector Morales replied that he had understood that the ladies would not be using the second floor as part of the pre-school, adding that he had not inspected the stairs. Commissioner Wilson asked if the current Code would require both floors to be sprinkled. Inspector Morales replied in the affirmative. Commissioner Wilson asked what the water requirement would be. Inspector Morales replied that the determination would be made by a professional engineer, as he/she would need to determine the hydraulic calculations. Mr. Fuhs stated that he will concede defeat on this proposition and he will inform the ladies that they will need to find another location for their pre-school. Chairman Garcia asked Mr. Fuhs if he wanted to withdraw his request for conditional use permit. Mr. Fuhs responded that he has already contacted an engineering firm located in Albuquerque for a price estimate to install the sprinkler system and he was quoted approximately fifty thousand ($50,000) dollars. Chairman Garcia asked once again if he was correct in assuming that Mr. Fuhs wishes to withdraw his request. Mr. Fuhs replied that if he should decide to proceed with the installation of the sprinkler system, then would that be all he has to do? Commissioner Mraz asked if Mr. Fuhs would like to continue his request to the June Planning and Zoning Commission meeting to allow him time to make a decision as to what he wants to do? Mr. Fuhs responded that he would like to get an approval of the conditional use permit with the understanding that in order to proceed with the pre-school he will have to install the sprinkler system. CB informed the Commission that the way the Resolution is worded, the Commission can approve the request contingent upon all the conditions being met, and one of those conditions is the sprinkler system installation. If any of the conditions are not met, prior to the business license being issued, then the conditional use permit becomes null and void automatically. Chairman Garcia felt the Commission should take action as Mr. Fuhs has made his presentation, and asked if any of the Commissioners had any additional questions or concerns. They did not. Motion by Commissioner Mackenzie-Chavez to approve this item as presented based on Staff findings. Seconded by Commissioner Mraz, A.V.A. Motion Carried. It is noted that Commissioner Fuhs did not vote on this item as he is the applicant. There was no discussion on Information Items Three and Four. Commission Adjourned at 7:15 p.m. PLANNING & ZONING COMMISSION / J- PHILIP G. GARCIA, CHAIRMAN ATTEST: CLYE (C.B.) STRAIN SECRETARY TO PLANNING & ZONING Planning & Zoning Commission Meeting May t8 h, 2013 Minutes Page 3 of 3