REPORT CONTENTS: (1) Case Analysis and Staff Recommendation (2) GIS Information & Maps (3) Application and Supporting Documents (4) Conceptual Plan

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1 DOÑA ANA COUNTY PLANNING AND ZONNING COMMISSION Doña Ana County Government Complex 845 N. Motel Blvd. Las Cruces, New Mexico Office: (575) MEETING DATE: August 10, 2017 REQUEST: Variance to height restrictions CASE #: V PURPOSE: PROPERTY OWNER/ APPLICANT/AGENT: LOCATION: PROPERTY SIZE: PARCEL ID NO.: RECOMMENDATION: CASE MANAGER: Variance to accessory structure maximum height of 45 ft. to 84 ft. and 58.4 ft. for an anaerobic digestion, compost, and water treatment facility. R-Qubed Energy, Inc., Souder Miller & Assoc Stern Dr acres R Approval Steve Meadows Planner SUMMARY: The applicant, R-Qubed Energy, Inc., requests a Variance to the maximum height of accessory structures within an I2 (Medium Industrial) Zone to construct and operate an anaerobic digestion facility that will transform animal waste from dairy cow herds into ammonium, compost & fertilizer products on approximately 60.7 acres. The applicant is proposing to construct 7 structures eighty-four ft. (84 ) in height and a fifty-eight and four-tenths (58.4 ) foot methane gas storage tank as part of the proposed anaerobic digestion, composting and water treatment facility. The subject parcel is located at Stern Dr., southeast of Mesquite, NM, and is within Section 5 & 6, Township 25 South, Range 3 East, recorded on October 15, 2012 with Instrument # , in the Doña Ana County Clerk s office. It can be further identified by Parcel # R REPORT CONTENTS: (1) Case Analysis and Staff Recommendation (2) GIS Information & Maps (3) Application and Supporting Documents (4) Conceptual Plan PLANNING AND ZONING COMMISSION 1

2 SURROUNDING ZONING AND LAND USE SITE ZONING LAND USE North I2 Industrial Uses South I2 Industrial East I-10/T2 Interstate/Vacant West T2 Agricultural/Residential Existing Conditions and Zoning: The 60.7-acre subject parcel is zoned I2 (Medium Industrial) and is located west of Interstate 10, southeast of Mesquite, NM, and addressed at Stern Dr. The parcel (Pg. 14) is currently the site of a discontinued dairy and the properties to the north and south, are within the same I2 zoning district and contain various uses associated with the dairy industry. Interstate 10 is located to the east. Agricultural uses with some residential uses are located within the T2 (Rural) Zone to the west of the subject parcel. Access to the property is from Stern Dr., a NMDOT 60 ft. right-of way. The Request: The Variance request consists of Variances to the maximum height of accessory structures within a I2 (Medium Industrial) Zone of forty-five ft. (45 ) for seven (7) Continuous Stirred Tank Reactors (CSTRs) eighty-four ft. (84 ) in height and a Variance for a methane gas storage tank proposed to be fifty-eight and four-tenths ft. (58.4 ) in height. The applicant states that The mechanical and chemical processes required for this project require the specific size of structures indicated on the project site plan. Drawings of the CSTRs and Gas Storage Tank provided by the applicant (Pgs ) show the proposed heights of the CSTRs at eighty-four ft. (84 ) and fifty-eight and four-tenths ft. (58.4 ) for the proposed Gas Storage Tank. BACKGROUND The subject property was the subject of Case #PUD /R-Qubed, a Type 2 Planned Unit Development (PUD (2)) Overlay Zone approved by the Planning and Zoning (P&Z) Commission on January 12, 2012, with no conditions, for the construction and operation of an anaerobic digestion, composting and water treatment facility that will transform animal waste from dairy cows into electricity, ammonium products, and compost & fertilizer products on the 60.7-acre parcel. APPLICABLE PLANS, POLICIES, AND CRITERIA FOR APPROVAL Ordinance No , Unified Development Code PLANNING AND ZONING COMMISSION 2

3 1.4.3.b Duties of the Planning and Zoning Commission: Receive, hear and make final determinations on applications for variances and special use permits as prescribed by, and subject to, the procedures established herein General Notice Requirements 2.7 Variances Public Hearing and Approval Findings The P&Z and the BOCC, if the matter is appealed, may grant, grant with conditions, or deny a variance after making specific findings on whether the applicant has adequately demonstrated: a. The variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the area of notice; b. The variance will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the area of notice; c. There is a physical hardship resulting from the size or shape of the parcel; or from existing structures on the parcel; or from topographic or physical conditions on the site or in the area of notice and the hardship is not self-imposed; and; d. The variance upholds the purpose and intent of this Chapter, public safety and welfare are secured, and substantial justice is done. NOTICE / NOTIFICATION 19 letters of notification were mailed to the property owners within the area of notice on July 18, Legal Ads were placed in the Las Cruces Sun-News on July 19, Signs posted on the property in a timely manner. Agenda posted on the DAC Web site. AGENCY COMMENTS DAC Engineering: 1. A building and grading permit will be required before construction. Additional comments may arise. 2. No comment on building height. DAC Flood Commission: General Comments: 1. The Flood Commission received this Variance request on June 26, Pursuant to FIRM No C1325F, the majority of the subject property is not located within a FEMA Special Flood Hazard Area, however a very small portion of the southeastern corner of the lot is located within a FEMA Special Flood Hazard Area. The subject property can be further identified as being located in FEMA Other Areas, Zone X, Areas PLANNING AND ZONING COMMISSION 3

4 determined to be outside 500-year floodplain & FEMA SFHA Zone A, No base flood elevations determined. 3. If you have any questions or concerns regarding these comments, please feel free to call us at (575) Applicants Responsibility: Drainage runoff, as a result of increase to impervious area (i.e., construction of a new home, concrete slabs, placement of a Manufactured Home, accessory buildings, etc.) shall be maintained on property. DAC Fire Marshal: Variance approved only. All future structures will be required to meet all fire code requirements. DAC Building Services: No specific comments. Building Permit will be required prior to construction. DAC Rural Addressing Coordinator: No comments received. DAC Zoning Codes: No open zoning violations at this time. DAC Codes: No codes violations. Approved. 6/26/17 Advanced Planning: requirements. Variance does not affect UDC 5.7 landscaping, buffering & fencing NMDOT: The applicant is required to go through the Access Permit process to obtain access off of Stern Dr. NMED: Wastewater Treatment & Disposal: No comment with regard to variance. Water Supply/Water Quality: The Drinking Water Bureau does not have any issues with this variance request. Solid Waste Disposal: The Solid Waste Bureau has no concerns relative to solid waste matters. Surface Water Bureau: The Surface Water Quality Bureau has no concerns about this project at this time. Office of the State Engineer: No water rights issues. EBID: EBID has no objections to the variance requested. STAFF ANALYSIS The Planning and Zoning Commission being duly appointed shall receive, hear and make final determination on this Variance request. The decision of the Planning and Zoning Commission can be appealed by an aggrieved party or person to the Board of County Commissioners. The proposed anaerobic digestion facility will process animal waste from local dairies into ammonium, and nutrient rich compost & fertilizer products for the agriculture industry, and methane gas as a byproduct to be used to generate electricity for internal use. The process requires seven (7) structures (CSRTs) to be constructed to a height of eighty-four ft. (84 ) and a Gas Storage Tank fifty-eight and fourtenths ft. (58.4 ) in height. Table 5.16 of the UDC regulates the accessory structure maximum height at forty five ft. (45 ) within the I1 and I2 Industrial zoning districts. The facility will also contain a wastewater treatment facility to process the effluent. PLANNING AND ZONING COMMISSION 4

5 The CSTRs are an integral part of the facility as the reactors keep the waste material in a semi-liquid form and serve as the vessel that limits access to oxygen, encouraging the digestion of the waste by microbes in the waste, and the generation of methane and carbon dioxide as a by-product. The methane gas is then used to generate electricity for internal facility use. The Gas Storage Tank stores the gas created for later use to generate electricity. The remaining material is dried and used to create the nutrient rich compost and fertilizer products. The facility will also contain a wastewater treatment facility to process the effluent created during the process. State and Federal agencies will require the permitting of the facility for air quality, ground contaminants and water discharges but are not required by DAC until the construction of the facility. The Access Permit from NMDOT will also be required at time of construction Decisional Criteria: Applicants responses (See Pg. 9) The variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the area of notice. Nearby industrial properties north and south of the subject parcel and along the east side of Interstate 10 contain industrial zones and uses with structures such as cell towers and a water tower that are taller than the forty-five (45) foot maximum height requirement of accessory buildings and structures in the industrial zones of the UDC. The variance will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the area of notice. The facility will use animal waste from the surrounding dairy facilities and convert to products such as ammonium, fertilizer and compost products as well as methane gas to produce electricity for internal use. The processes utilized in the facility will help to minimize potential air, ground, and water contaminates that will be monitored by State and Federal agencies to ensure the air, ground, and water quality regulations are adhered to. By removing the animal waste from the local dairies there will be a reduction in the odors in the immediate area. There is a physical hardship resulting from the size or shape of the parcel; or from existing structures on the parcel; or from topographic or physical conditions on the site or in the area of notice and the hardship is not self-imposed. Due to the drainages through the property and the slope from east to west on the site, leveling the entire site is not practical to lower the design height of the structures. The applicant states The mechanical and chemical processes required for this project require the specific size of structures indicated on the site plan. The drawings provided by the applicant indicate the maximum eighty-four (84) foot CSRTs and the fifty-eight and four tenths (58.4) foot Gas Storage Tank exceed the maximum of forty-five (45) feet but are required for the process. Absent these structures the facility would be unable to operate and would therefore, prevent the facility from being operated as designed. The variance upholds the purpose and intent of this Chapter, public safety and welfare are secured, and substantial justice is done. With approval of the variances the facility will be able to operate at its design capacity, decrease the amount of animal waste in the area thus reducing potential air, water, and ground contaminates, add clean energy supplies for the facility and ammonium and compost fertilizer products to the agriculture markets, and add new employment opportunities to Doña Ana County. STAFF FINDINGS: 1. The request of this application is consistent with the requirements of 2.7 Variances of Ordinance No , the Unified Development Code. PLANNING AND ZONING COMMISSION 5

6 2. The property is outside of any incorporated municipal zoning authority and is within Doña Ana County, therefore the Planning & Zoning Commission has jurisdiction to hear this case. 3. Pursuant to b, the Doña Ana County Planning & Zoning Commission shall receive, hear and make final determinations on applications for variances and special use permits as prescribed by, and subject to, the procedures established herein. 4. Notice requirements have been met as prescribed in Public Hearing and Approval. 5. Case #PUD /R-Qubed, a Type 2 Planned Unit Development (PUD (2)) Overlay Zone was approved by the Planning and Zoning (P&Z) Commission on January 12, No adverse agency review comments were received for this proposal. 7. The Variance request meets the Evaluation Criteria of the UDC: a) The Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the area of notice due to the presence of cell towers and a water tower in similar zones in the area that exceed the 45 ft. maximum height standard. b) The Variance will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the area of notice as any potential air, ground, or water contaminates will be monitored and regulated by the appropriate State and Federal agencies. c) There is a physical hardship resulting from the size or shape of the parcel; or from existing structures on the parcel; or from topographic or physical conditions on the site or in the area of notice and the hardship is not self-imposed because the mechanical and chemical processes require these specific sized structures to operate at its design capacity and the presence of drainages within the property and the east to west slope of the site prevents the leveling of the entire site to reduce the height of the required structures. d) The Variance upholds the purpose and intent of this Chapter, public safety and welfare are secured, and substantial justice is done because the facility will be able to operate at full capacity, decrease the amount of animal waste in the area thus reducing potential air, water, and ground contaminates, add clean energy supplies and ammonium and compost fertilizer products to the agriculture markets, and add new employment opportunities to Doña Ana County. STAFF RECOMMENDATION: Based on the request meeting the applicable sections of the Doña Ana County Ordinance No , the Unified Development Code, Staff recommends Approval of Case #V PLANNING AND ZONING COMMISSION 6

7 OVERALL SITE PLAN PLANNING AND ZONING COMMISSION 7

8 GRADING AND DRAINAGE OF SITE PLANNING AND ZONING COMMISSION 8

9 DECISIONAL CRITERIA PLANNING AND ZONING COMMISSION 9

10 CONTINUOUS STIRRED TANK REACTOR PLANNING AND ZONING COMMISSION 10

11 GAS STORAGE TANK PLANNING AND ZONING COMMISSION 11

12 APPLICATION (PG 1 OF 2) PLANNING AND ZONING COMMISSION 12

13 APPLICATION (PG 2 OF 2) PLANNING AND ZONING COMMISSION 13

14 PARCEL CLOSE UP PLANNING AND ZONING COMMISSION 14

15 ZONING MAP PLANNING AND ZONING COMMISSION 15

16 SURROUNDING AREA PLANNING AND ZONING COMMISSION 16

17 LOCATION MAP PLANNING AND ZONING COMMISSION 17

18 PROPERTY NOTIFICATION AERIAL PLANNING AND ZONING COMMISSION 18

19 NOTIFICATION TABLE PLANNING AND ZONING COMMISSION 19