Planning and Zoning

Planning Department Clyde “C.B.” Strain, Director PLANNING AND ZONING COMMISSION SPECIAL MEETING AGENDA Monday, July 10, 2017, 6:00 p.m. City Manager Conference Room *** Call to Order / Roll Call DISCUSSION ITEMS ITEM ONE: Implementation of new policies and procedures pertaining to public hearings held by the Planning and Zoning Commission. *** Open Floor *** Adjourn 110 West Aztec Avenue • Gallup, New Mexico 87301 • phone 505.863.1240 • email cstrain@gallupnm.gov  Planning & Zoning Commission Meeting Procedures 1. Call Meeting to Order a. “The regularly scheduled Planning and Zoning Commission Meeting will come to order.” 2. Remind everyone to turn cell phones off or silent them. 3. Roll Call 4. “Is there any case coming before the Commission at this meeting that represents a conflict of interest for any Commissioners?” a. Roll Call “No” b. If yes, “For the record, Commissioner ____ will recuse himself/herself from Case# ____. 5. Approval of previous meeting minutes. a. Need motion for approval and a second- Roll Call. 6. “Anyone wishing to speak tonight, rise and take the oath at this time.” a. “Do you swear that the testimony you are about to give is the truth under penalty of perjury?” 7. “Anyone who is wishing to speak, please limit your comments to 3 minutes and please don’t duplicate a previous point. You’ll have one opportunity to testify.” 8. “The Hearing for Case# ____ is now open.” a. “The Case# ____ is _________ (read staff description)” b. “Staff, what do you have to present?” c. Staff gives presentation. d. COMMISSIONERS: may ask questions of staff at this time- no comments or opinions e. PROPONENTS: “If you wish to speak in favor of this case please come to the podium and state your name.” i. PROPONENT(S): speak. ii. COMMISSIONERS: may ask questions- no comments or opinions. iii. DIRECTOR STRAIN: may cross examine. iv. COMMISSIONERS: may cross examine. f. OPPONENTS: “If you wish to speak against this case please come to the podium and state your name.” i. OPPONENT(S): speak. ii. COMMISSIONERS: may ask questions- no comments or opinions. iii. DIRECTOR STRAIN: may cross examine. iv. COMMISSIONERS: may cross examine. g. “Are there any interested parties who wish to speak to this case?” i. If so, follow above procedure. 9. State, “THE HEARING IS CLOSED.” 10. Make motion to take action: a. Ask for motion to Approve/Deny the request for Case# ____. b. Go into Executive Session  c. If the Commission needs more time to review or process the case in order to make a decision to approve or deny the Commission may render at a later date as follows: i. TABLE- to lay aside and be brought up at the same meeting. ii. CONTINUE- move case forward to a specified time. iii. POSTPONE- to put off to a specified time (ex: Next Meeting.) 11. Roll Call. 12. If passed, then open discussion why approved/denied. a. Each Commissioner state how they came to their conclusion which supports their vote to either approve or deny. 13. “Is there any additional discussion needed by Commissioners to review the evidence and facts presented?” a. If yes, the Hearing must be reopened and closed upon conclusion of comments. “Amend the motion.” b. If no, “We’re going to carry this motion. Motion carried, Case Approved.” 14. Go to next item on Agenda 15. Follow same process for Case X, Y and Z 16. Adjourn Meeting 17. “We’ve gone through all the agenda items at this point and we’re now moving to non-agenda items. The audience isn’t required to stay for this part of the meeting, but is welcome to stay. Dismissed.” COMMISSIONER NOTES:  When a Hearing is opened, we’re in a quasi-judicial meeting. o Due Process is required by law.  Court like in proceeding.  General subject matter- Conditional Use, Variances, Subdivisions and Zone Changes. o Requirements for Due Process:  Procedural Due Process- Meaningful opportunity to be heard at the meeting.  Substantive Due Process- Focus on result of “Hearing”. “Does it negatively impact health, safety and welfare?”  Was the Decision:  Arbitrary- personal inclination or chance  Capricious- unreliable, whims  Not supported by substantial evidence in the record  Otherwise not in accordance with law  Please address the Chair before speaking. The Chair will then recognize you by name for the record giving you the floor to proceed. This protocol must be maintained for the entire Hearing. Additional Notes:  Minutes contain what Commission did; not what they thought. It is a record of decisions made; not discussion.  Once states, “Motion Carried” can stop recording. CB WILL ASK RANDY.