Planning and Zoning

Planning & Zoning Commission October lOt\ 2012 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 MacKenzie-Chavez Commissioner Dooley Commissioner Wilson Commissioner Pawlowski Presented to the Chairman and Commissioners for their approval were the minutes of the September 12th, 2012 meeting. Commissioner Mraz motioned for approval of minutes as presented. Seconded by Commissioner Dooley, A.V.A. Motion Carried. Chairman Phil Garcia administered the oath required by state law for public forum . ITEM NUMBER ONE: CASE #12-00700002: Request by Lynne E. and James Jr. Nechero, Trustees, property owner, on behalf of Eagle Energy, Inc. for a conditional use permit to operate a wholesale warehousing and distribution business in a Heavy Commercial (C-3B) Zoning District. The property is located at 103 Plaza Avenue, more particularly described as Lot 2, Nechero Subdivision; Containing 2.91 acres MIL. CB Strain summarized his memo for the commission and provided some history as to the current structure and the trailer that was previously located on this lot. He explained that the applicant, Mrs. Nechero, has the opportunity to lease the building but it does not meet current zoning or building code requirements for the proposed use. He provided the commissioners with a written list of the product the applicant is asking to warehouse at this location, describing the product as a low hazard material which is in liquid form and consists of latex polymer emulsion, sugar, malt, yeast, molasses, surfactants and water. CB explained that the product is a non-flammable product, is completely water soluble and does not pose a health safety or welfare threat to the surrounding properties or to the general public. In order for Mrs. Nechero to rent the building, the structure must be brought up to 2009 International Building Code (IBC) for an S-2 Low Hazard Storage Facility as well as comply with 2009 IBC and 2003 ANSI/ICC Al17.1 requirements for handicap accessibility guidelines. CB fully explained what would be required. CB also explained that when this area was platted years ago, Plaza Avenue right-of-way was only to a certain point (he directed everyone to the plat on the overhead projector), and no utilities were installed on Plaza Avenue. City code requires that all right-of-way frontages be covered with both water and sewer. However, the structure is currently being serviced with both water and sewer from the adjacent property, so extension of a city water and wastewater main line will not be necessary at this time. The City shall defer extension of the utilities until future development of the property requires extension or when deemed reasonably necessary by the City. Another issue is that the parking lot is currently all gravel, which does not meet code compliance. So the applicant will need to pave the required parking area- which is a total of five (5) off street parking spaces; four (4) standard parking spaces and one (1) handicapped accessible parking space. They will also need to pave the drive to the parking area - as this is simply a warehouse, this is all the paving that is required. And finally, the required landscaping; as this is such a large lot, CB is using only the developed area to determine what will be required - three thousand five hundred and seventy square feet (3,570 s.f.) of ground cover, seven (7) fifteen (15) gallon minimum trees and thirty (36) five (5) gallon minimum shrubs. All landscaping shall be installed as required per Section 10-4C-2 of the City of Gallup Land Development Standards. Commissioner Dooley asked if she understood correctly that the utilities will run through the property on the front side of the property because the utilities are by the highway. CB replied that the utilities currently exist on the adjacent property. Commissioner Dooley then asked that if they should need to dig pipes up, would that be between the property owner in front and the tenants renting the warehouse? CB stated that the utilities already exist so it would simply be a matter of turning meter back on. When Commissioner Dooley asked where the pipes run, CB informed her that they run on the adjacent property, the Red Roof Inn lot. Commissioner Dooley's concern is what if the owner of the warehouse should have to dig up lines, will they have to dig on someone else's property. CB clarified that as the lines are not in the right-of-way, any maintenance would fall on the land owner's responsibility. Chairman Garcia explained how that had happened in the first place. Previously the Nechero's owned the entire parcel, they had the warehouse in the back portion of lot. Later they sold the front portion of the lot to whoever built the Red Roof Inn. He assumes the pipes and all existing utility lines remained and go to the warehouse through the front lot. Commissioner Wilson asked if the business was to expand and the product being stored was increased to a higher hazard class, would that deem the warehouse as no longer compliant and how would that be handled? CB explained that they would need to once again approach the City with a request for different use. At that time, the planning department would research the product and determine what would be required, for example a higher hazard product could require a sprinkler system. Commissioner Wilson wanted to know if the applicant knows whether or not they can grow the business. CB replied they could, but to change product they would have to apply for a conditional use permit, and the Commission would decide at that time if they would approve or not. Commissioner Dooley asked if Plaza Avenue is a city street. CB confirmed that it is. She asked if the product being delivered and picked-up, would mean heavy traffic on that street? Commissioner Mraz responded by reminding everyone that this was a gas and oil location for many years so the large trucks (eighteen wheelers) have run in and out of this location for over twenty (20) years. Commissioner Dooley had no further questions but wanted to comment that in the past many things were allowed but now that the Planning and Zoning Commission exists, we try to adhere to City code. In this case, she simply wanted to be sure that Planning & Zoning Commission Meeting October lOth, 2012 Minutes Page 2 of9  since Plaza Avenue is a City street, it will allow for the weight and size of large trucks that may be traveling on it. CB reassured her that it is built like any other city commercial street, and it is meant to withstand the traffic that will be utilizing it. Mr. Kyle Parker, T -P Enterprises, added ( that the loads will be legal loads and the product, the road base material, comes in the standard square plastic that we are all familiar with. · Motion by Commissioner Mraz and Commissioner Dooley to approve this item as presented based on Staff findings. Seconded by Commissioner Wilson, A.V.A. Motion Carried. ITEM TWO: CASE #12-00800001: Request by Eduardo Valda, Small Fry Dentistry, on behalf of Cater-Beck Orthodontics, LLC, property owner, for a variance from the required off-street parking requirements, therefore reducing the number of parking spaces from twenty (20) to sixteen (16. The property is located at 107 West Green Avenue, more particularly described as The West Half Lot 7, All ofLots 8 thru 11, Block 30, A & P Addition. CB began by informing the Commission that on September of 2007, this same request was brought before and approved by the Planning and Zoning Commission. The applicant had one year to comply with the conditions of the variance or the approval would become null and void. The dental office was going to be renovated at that time, but the renovations were never completed. CB went on to summarize his memo and explain that the request is for a variance from the required off-street parking, reducing the number of off street parking spaces from 19 spaces to 15 spaces. There is an arroyo on the west side of the property which limits the available area for parking. If the arroyo did not exist, the available area would provide enough space for the four (4) required parking spaces. So the request does meet the conditions and grounds for a variance because of the hardship particular to the land. c Chairman Garcia asked CB if the request that came before the Commission in 2007 was exactly the same, meaning the request and the response from staff was identical as is coming before the Commission tonight and it was approved in 2007. CB replied that was correct. Commissioner Dooley asked if staff had received any complaints regarding the parking. CB replied that his office has not received any, but if anyone contacted the dental office directly, he had no knowledge of calls. Chairman Garcia asked Dr. Valda to step up to the podium. He did so. Commissioner Dooley directed her question to Dr. Valda, asking him if he had received any complaints about the parking. Dr. Valda replied that he had not. Motion by Commissioner Dooley to approve this item as presented based on Staff findings. Seconded by Commissioner Pawlowski, A.V.A. Motion Carried. ITEM THREE: CASE #12-00700005: Request by John W. Dowling, on behalf of Bank of Colorado DBA Pinnacle Bank, property owner, for a conditional use permit to reduce the required distance for street access points on an arterial street. The property is located at 107 East Aztec A venue, more particularly described as Lots 13 thru 24, Block 7, A & P Addition. ( Planning & Zoning Commission Meeting October lOth, 2012 Minutes Page 3 of9  CB began by explaining that the location site contains a lot of rocks, a lot of soil problems and it slopes quite a bit. For this reason, Pinnacle Bank has had to request a variance by conditional use permit to reduce the required distance for vehicular access points from the street right-of-way ( line on arterial roads. The building site slopes considerably to the west limiting the area on which the building can be located creating hardship particular to the land which prevents compliance with the vehicular access point requirements. They are proposing two vehicular access points off of Aztec Avenue. Using the overhead, CB explained in detail where the access points would be placed and why they chose these locations. CB further explained even though a conditional use provision is allowed in matters such as this, life safety and protection of the public is always a first priority when considering a variance request. With that said, he described the limited visibility for vehicles traveling west on Aztec Avenue when approaching the downhill slope from Puerco Drive to First Street. Just as the project site is on a slope, Aztec Avenue is on a slope. This can be a potential safety hazard for vehicles pulling out of the eastern access point and attempting to make a left hand tum onto Aztec Avenue from the Pinnacle Bank parking lot. For this reason, staff included a condition that a median barrier shall be installed in the street, designed by the project engineer and approved by the City of Gallup Engineering Department prior to installation. Chairman Garcia asked if the median barrier staff is recommending is very similar to the barrier currently in front of the post office. CB replied that it would be up to the project engineer to design. It could be the same or it could be a different design, but the City Engineering Department would have to approve the design. Commissioner Mraz commented on various median barriers currently being utilized in Gallup, he feels they are an eyesore and not maintained. He added that the traffic flow on Aztec Avenue in front of the location site is already ( moving extremely slow because of the dips on Aztec Avenue and that a median may affect businesses on the south side of Aztec Avenue. CB responded that until we see the design of the barrier we cannot address the issue of the other businesses but he reiterated that the potential for an accident at this location is too great to not require some type of barrier to prevent left hand turns. Commissioner Mraz added that if the City is requiring a barrier, it must be maintained. CB replied that the City will maintain it once it is installed. Commissioner Mraz argued that the City is not maintaining the current median barriers, why should we assume they will maintain any new median barriers. Commissioner Dooley commented that she would have liked to see the entrance and exit to the bank on the side streets, but understands why the building and access points had to be located where they are; she added that her concern is for the safety of the public. She feels Aztec A venue is a very busy street and she is most concerned about the traffic during the winter months. The street can be very icy and snowy, which could cause problems for traffic trying to stop when coming down the hill, as well as slipping when trying to climb the hill. If someone is trying to make a left hand tum into the Pinnacle Bank parking lot, the oncoming traffic from either side could pose a problem. Commissioner Wilson asked CB if the opening was twenty-three (23) feet from the Puerco Drive. CB replied that it is. Commissioner Wilson asked that should there be a semi-truck or other large vehicle traveling northbound on Puerco Drive and attempt to make a left hand tum onto Aztec Avenue, would the barrier allow for that? CB replied that would be just one of the many issues that would be looked at once the design of the median is submitted. Commissioner Wilson also wondered if the issue we are addressing on Aztec Avenue would also need to be addressed on the side streets, Puerco Drive and 1st A venue. CB replied that the side streets are entrances to accommodate the drive-up windows. Planning & Zonin~ Commission Meeting October 10 , 2012 Minutes Page 4 of9 There is a one lane exit onto Puerco Drive but no exits onto 1st Street. All the commissioners agreed that the comer of Puerco Drive and Aztec Avenue is a very tough comer, which is worsened because of the hill and traffic. Commissioner Dooley asked CB to once again explain how traffic will enter and exit the parking lot and drive-through lanes. She also asked that if we need the median barrier on the comer ofPuerco Drive and Aztec Avenue, wouldn't we also need a barrier at the exit on 1st Street and Aztec Avenue. CB explained that the issue is visibility, and there is much greater visibility on the comer of 151 Street and Aztec Avenue. But the other comer is much closer to the top of the hill, so drivers coming down the hill may not have time to stop if a vehicle were making a left hand tum in front of them. Commissioner Dooley asked if other businesses, especially those across the street, will they continue to have on-street parking. CB explained that any vehicle can park on the street, but due to the width of the street, they may have a "no parking" section parallel to the barrier median. With the median it would be very difficult to go around any parked vehicles. Commissioner Pawlowski asked about the three arrows on the plans facing Puerco Drive, two coming in and one going out of parking lot. CB explained that the two incoming arrows are for the drive-up teller lanes and the one outgoing arrow is for the few parking spaces on the east side of the lot -vehicles parked there could exit from Puerco Drive or Aztec A venue. Commissioner Wilson commented that putting up a barrier median is an excellent idea. He also asked about the trees pictured on the site plan; he feels they could block the clear sight when exiting the parking lot. CB explained that this is just a site plan, but they would not allow trees to block the clear sight. Commissioner Fuhs suggested not allowing parking on the street on the north side of Aztec Avenue in front of the bank, because that would also hinder visibility. CB explained that with the median barrier it may too narrow to allow for parking anyway. Mr. Rick Bennett, Rick Bennett Architect, Inc., explained the difficulties he faced when designing the site plan in compliance with our City code on this particular lot, adding that the bank is also very concerned with safety. He informed the Commission that the bank, at their expense, is widening Puerco Drive. In doing so, the congestion will lessen as well as soften the tum (Mr. Bennett used the overhead projector to explain his comments) from Puerco Drive onto Aztec Avenue. This has also shortened the distance to the curb cut than there would have been. Mr. Bennett then demonstrated the walk through of the entire project to the commission to help in clarifying the parking, ingress and egress of the project. After explaining thoroughly, he added that although he agrees with staff findings, he would like to visit the median barrier requirement. They have visited the post office area and noted that Aztec A venue at that location is only two lanes, whereas here they propose a parking lane, a westbound lane, a center tum lane and an eastbound tum lane. So instead of a barrier, they would like the Commission to consider installing the "no left tum" signs and not putting in the barrier. He went on to describe, using the site plan on the overhead projector, why Pinnacle Bank feels this is a good and safe request. Chairman Garcia asked if the signs would be installed at the expense of Pinnacle Bank. Mr. Bennett replied that they would be. Commissioner Mraz commented once again on the condition of the existing barriers within the city limits. He admits that in some places the barriers work, but in most cases they look awful and are in bad condition. He also feels that if Pinnacle Bank is going to install "no left tum" signs and widen Aztec Avenue in front of the bank, all to prevent Planning & Zoning Commission Meeting October lOth, 2012 Minutes Page 5 of9  the need of a median barrier, that would be his preference, adding that if this option did not work, then we could install a median barrier at a later date. Chairman Garcia then asked Mr. Bennett if he was familiar with the barrier on Burke Drive, adding that he feels it is very ( effective as a traffic deterrent. Mr. Bennett replied that he is familiar with roll over curbs and feels they are effective. He explained that, in his opinion, if you have a median barrier just as recommended by staff and a driver happens to be talking on cell phone or texting and attempts to tum left, then realizes the barrier exists, he/she may stop in traffic and cause an accident. With the yellow roll over bumps, in the same scenario, the driver can still continue forward, and worse case may leave a muffler behind. Chairman Garcia asked if Mr. Bennett would be in favor of this type of deterrent vs the median barrier. Mr. Bennett replied that he would. He went on to say that this bank is one of the most substantial investments in the downtown area in a while. The barrier such as the one at the post office is a barrier that is not aesthetically pleasing, although he does realize that aesthetically pleasing and being safe are not always the same but if they can show that they can make it safe- would the commission consider another option. He added that Pinnacle Bank recognizes that Aztec Avenue is City property, but they would like to try doing without the median barrier and if it doesn't work then install a barrier later. He explained that this section of Aztec A venue - as opposed to other areas in Gallup requiring barriers - is three lanes and has two parking lanes whereas at other places its two lanes and the moving traffic is next to each other. Here, there is a tum lane, a driver can get in that tum lane and stay there until it is safe to go. He feels that the investment in widening Puerco Drive was money well spent and aided in making that intersection safe. And finally he added that at this section of Aztec Avenue, because it is steep, creates is a natural speed bump. Chairman Garcia asked if he was adversed to any kind of barrier. Mr. Bennett replied that he would like to it without it. Chairman Garcia then asked CB ifhe would be opposed. CB reiterated that Aztec Avenue is an arterial street and a high traffic street with visibility issues. He has met with the city attorney and the city engineer and they were adamant about not allowing a left hand tum at the eastern entrance/exit. The only way to be certain to deter that is with the median barrier. Signs are not effective in Gallup, drivers do not pay attention to just signs. When the bank is completed, you will have drivers that will not be used to it being there- drivers that have been used to driving fast on that street. It will take a while for the public to get used to the bank at this new location. CB added that staff is leaving the design of the barrier to the architect, staff is not mandating a particular type of barrier but that whatever barrier is designed, it must be approved the city engineer. He also added that he is hearing that the request is that if in worst case scenario, the signs to not work, then a barrier will be installed later. But this "worst case scenario" could mean that the decision to install a barrier would be made after an auto accident with serious injury or death. He reminded the commissioners that this is something they have to consider. He realizes that aesthetics is an issue, but life safety is the main issue. He also reminded the commissioners that the one-hundred (100) foot clearances are there for a reason. So although staff understands the request for the variance, in doing so staff may need to put conditions on the variance. Ultimately it is up to the Commission but the left hand tum is a problem that needs to be considered. Commissioner Dooley agreed with staff, acknowledging that this is a beautiful building and she is very glad it will placed in our downtown area, however, she agrees that signs do not necessarily work. If signs always worked, we would not have accidents. She feels that we don't want to have to "re- train" drivers. Let's get a barrier of some sort that works from the beginning. She used the speed bumps on Burke and the median barrier at the post office as examples - we need to find something that works at this location, that includes more than just signs. Commissioner Mraz commented that he sees accidents all over and every day in Gallup. He feels that there is no way Planning & Zonin~ Commission Meeting October 10 , 2012 Minutes Page 6 of9  to prevent every accident, some people will just do stupid things irregardless of what we do to prevent them. Chairman Garcia commented that the commissioners need to listen to staff, adding that the concerns are viable. The liability that the city could incur and the lawsuit that ( could come about would be immense. Chairman Garcia then took a moment to commend Mr. John Dowling for building such a beautiful building in downtown area. He, as do many other merchants in Gallup, takes great pride in his business. He agreed, as was mentioned earlier, that this may be the largest investment in downtown Gallup and is very happy to see the building going up in this location. Chairman Garcia then asked CB if we are addressing the barrier in the language in the resolution. CB replied that in the resolution we simply state that the project engineer shall design the barrier and it shall be approved by the city engineer. So we are not holding the architect to a particular design, but will review any design they submit and make a decision at that time. Commissioner Pawlowski asked not only about the drivers exiting the bank onto Aztec Avenue via a left hand turn but also the drivers going east and wanting to turn into the bank using a left hand turn, will the barrier prevent both turns from happening? CB replied that both would be prevented. Mr. Bennett then commented that the liability would now be that the resolution is being enacted; that the variance with conditions now allows it. He explained his comment in that this intersection with a shorter distance than the required one-hundred (1 00) feet is repeated all the way down Aztec Avenue. Throughout this street you will find entrances or exits at short distances from the intersections. He feels that if Aztec A venue, at this location, were only two traffic lanes wide then there would be more margin for error. But since this location will have a turning lane and drivers can get into the turning lane until safe to turn, it is no more unsafe than any other area in town where there is a turning lane. ( Mr. Dowling commented that the last new construction or remodel project in the downtown area and it was his competitor, Washington Federal. He reminded the commission as to how close their entrance/exit is to the intersection, which is less than will be at Pinnacle Bank. CB addressed the comment by stating Washington Federal was made to move the access to accommodate for the one-hundred (1 00) ft requirement. Mr. Dowling added that he is a strong advocate for downtown Gallup, this is the third project he has been involved in. Pinnacle Bank is an investment of approximately three-million dollars and he admires the family that owns it and that they are willing to trust him with such an investment, especially since they did not have to move. He added that in his opinion the barrier at the post office is an eyesore and he would not like to see such an eyesore in front of this beautiful, newly constructed bank. Another ambition he had was to clean up the alley behind the new Pinnacle Bank. And finally he stated that he had assumed that all the issues being discussed before the commission tonight had been "grandfathered" in and would not need to be addressed. Chairman Garcia explained that it does not apply to new construction. Commissioner Pawlowski asked Mr. Dowling if the current location of Pinnacle Bank is closing? Mr. Dowling replied that the building has already been sold to Marc DePauli. Commissioner Pawlowski stated that his reason for asking is that he may look at Pinnacle Bank's variance request differently if they were going to have two branches within a few blocks of each other. Mr. Dowling also commented that the majority of customers use the drive-up facilities, so very few will be coming into the parking lot. Planning & Zonin~ Commission Meeting October 10 , 2012 Minutes Page 7 of9  Commissioner Dooley commented that she is very pleased that Pinnacle Bank is moving to this location, but she added that staff is not saying Pinnacle Bank must use a median barrier like the ( one in front of the post office instead it can be an aesthetically pleasing barrier. CB agreed that we do not have a design requirement but staffs main concern is the left hand tum from Aztec Avenue. By moving the driveway twenty-three (23) feet from the intersection, we are creating a condition where there can be a potential accident. CB wanted to make that point perfectly clear to the commissioners, by approving the variance we are creating this condition. He added that he is not arguing that the Pinnacle Bank is a good development for the city, he is not arguing that it will enhance economic development and he is not arguing that this a great project for the city. But the potential is there for an accident so we have to try to mitigate that as much as we can in order to allow for the variance. His responsibility is to present the facts to the commission and the commission makes the final decision. He reminded the commissioners that money is not a factor in life safety. Irregardless of the price of the project, there is no price on a life. If the project designer can come up with an idea that works, the city engineer will approve it. Staff is not trying to hamper or delay the project in any way instead staff is trying to find a way to make it happen. But life safety is the prime concern and he asks the commissioners to keep that in mind when making their decision. Commissioner Wilson expressed his thoughts and concluded by asking if we could change the word "barrier" to "device" (or some other language) in the resolution which would allow the project designer more design options. Commissioner McKenzie-Chavez expressed that she was nervous about eliminating the word "barrier", instead she suggested using the word "or"; so the resolution could read "barrier or ( device". CB provided a scenario of a distracted driver, coming down the steep hill and not able to avoid hitting a vehicle turning into the bank via a left hand tum, he continued to express the importance of the decision the commission is about to make. We must make every attempt possible to avoid a potential accident by approving the variance with conditions. Chairman Garcia asked about placing a stop sign at the intersection. CB replied that generally, we do not like to place a stop sign on a downhill grade. After discussion among the commissioners, a motion was made by Commissioner Mraz to approve this item as presented based on Staff findings but removing the word "barrier" and instead using the word "deterrent" in the resolution. Seconded by Commissioner Fuhs. Chairman Garcia asked if Commissioner Mraz would consider amending his motion to add signage, at the banks expense, to not allow left hand turns from the Puerco side. Commissioner Mraz made the amendment to his motion. Commissioner Fuhs amended his second as well. Upon vote: Commissioner Mraz: Yes, Commissioner Fuhs: Yes, Commisioner Wilson: Yes, Commissioner MacKenzie-Chavez: No, Commissioner Dooley: No, Commissioner Pawlowski: No, Chairman Garcia: No. Motion Denied Motion by Commissioner Dooley to approve this item as presented based on Staff findings with the change in language to use "barrier or other deterrent" that will be approved by the City. Planning & Zonin~ Commission Meeting October 10 , 2012 Minutes Page 8 of9 Seconded by Commissioner Pawlowski. Upon vote: Commissioner Dooley: Yes, Commissioner Pawlowski: Yes, Commissioner Mraz: No, Commissioner Wilson: Yes, Commissioner Fuhs: Yes, Commissioner Mackenzie-Chavez: Yes. Motion Carried. There was no discussion on Information Items Four and Five. Commission Adjourned 8:25p.m. PLANNING & ZONING COMMISSION C7~b~ PHILIP . GARCIA, CHAIRMAN ATTEST: 4~ CLYDE (C.B.) STRAIN SECRETARY TO PLANNING & ZONING Plaruring & Zonin~ Commission Meeting October 10 , 2012 Minutes Page 9 of9