Planning and Zoning

Planning & Zoning Commission December 9*'*, 2020 Minutes Virtual Meeting The regular meeting of the Planning and Zoning Commission was called to order at 6:00 p.m. by Chairman Kent Wilson. Chairman Wilson stated that the meeting was being held virtually via video and telephone conferencing. The meeting was also being live streamed for the public through the City of Gallup's Facebook page. Upon roll call, the following were present: Chairman K. Wilson Commissioner K. Mackenzie-Chavez Commissioner F. Pawlowski Commissioner M.Long Commissioner L. Miller Commissioner J. Cresto Commissioner K. Spolar Presented to the Chairman and Commissioners for their approval were the minutes of the November 11th, 2020 regular meeting. Commissioner Pawlowski motioned for approval of the minutes as presented. Seconded by Commissioner Long. Motion Carried. Upon roll call, the following votes were: Commissioner F. Pawlowski(Yes) Commissioner M.Long(Yes) Commissioner K. Mackenzie-Chavez(Yes) Commissioner L. Miller(Yes) Commissioner J. Cresto(Yes) Commissioner K. Spolar(Yes) Chairman Wilson asked if any Commissioner had a conflict of interest for any agenda item and if so to recuse him/herself prior to discussing the particular item. Upon roll call, the following votes were: Chairman K. Wilson(No) Commissioner K. Mackenzie-Chavez(No) Commissioner F. Pawlowski(No) Commissioner M.Long(No) Commissioner L. Miller(No) Commissioner J. Cresto(No) Commissioner K. Spolar(No) Chairman Wilson asked the Madam Secretary to state the names of the individuals attending the virtual meeting. Upon roll call the following were present: CB Strain, Planning and Development Director Paul Madrid, property owner(Item One) Planning and Zoning Commission Meeting December g^,2020 Page 1 of10  Wesley Jones, applicant(Item Two) Chairman Wilson administered the oath required by State Law for public forum for each of the individuals listed above. Chairman Wilson stated that anyone wishing to speak limit their comments to three minutes and not to duplicate a previous point; they will have one opportunity to testify. Chairman Wilson also notified the Commission that there may be individuals calling in from the public to make comments. ITEM ONE: CASE # 20-01000004: Request by Paul M.& Kimberly E. Madrid, property owners, for the City of Gallup to vacate a 5' wide, 76' long public utility easement along the eastern property line to allow the construction of a fence. The property is located at 402 Jeff King Street; more particularly described as Lot 1, Block 6, Mentmore East Unit 2. This item will go before City Council for final approval on January 12,2021. CB Strain began by explaining how the property owners wanted to construct a fence on the property, however there was a five foot(5') public utility easement(P.U.E.) on the eastern property line. When this subdivision was initially platted in 1975 P.U.E.'s were dedicated along the back side of most of the lots. CB explained how that was a pretty standard practice when platting a subdivision especially at that time when they would have had rear yard electric lines going through there. CB stated that today they do have front lot utilities including electric whereas P.U.E.'s are not necessarily required in the rear anymore; if they are they are handled at the plat phase. This property does have a P.U.E. dedicated on the eastern property line whereas it needs to be kept free and clear, which would not allow a fence to be built on it. This particular P.U.E. has no existing utilities within it; the Gallup Task Force did review the request and had no issues with vacating the P.U.E. CB used the screen to display the property's survey pointing to the area of the P.U.E. located on the right side of Page 1-3. If the P.U.E. is vacated it will be free and clear and the city will have no further use for it. If the Commission recommends approval the recommendation will be presented to the City Council on January 12,2021 for final approval. Chairman Wilson asked the Commissioners ifthey had any questions. Commissioner Mackenzie-Chavez asked CB ifthe five foot(5')area being vacated becomes a part of the owner's property. CB explained how the five foot (5') area was already a part of their property because it was a P.U.E. All a P.U.E. does is give the city permission to access across it or place a utility within it. CB stated that it just does away with the easement where it's eliminated and the property will be free and clear. Chairman Wilson asked ifthere was anyone wishing to speak in favor ofthis case. Paul Madrid introduced himself and stated that he was requesting the easement be vacated so he can build a fence. Chairman Wilson asked the Commissioners if they had any questions for Mr. Madrid. There were Planning and Zoning Commission Meeting December 9th,2020 Page 2of10 none. Chairman Wilson asked if there were any other parties wishing to speak to this case. There were none. Chairman Wilson asked the Madam Secretary if there was anyone who called in wishing to speak for or against this case. There were none. Chairman Wilson stated that the hearing was closed. Motion to approve or deny the request for Case Number 2020-01000004. Commissioner Mackenzie- Chavez motioned for approval (positive recommendation) of Item One. Seconded by Commissioner Miller. Motion Carried. Upon roll call, the following votes were: Commissioner K. Mackenzie-Chavez(Yes) Commissioner L. Miller(Yes) Commissioner F. Pawlowski(Yes) Commissioner M.Long(Yes) Commissioner J. Cresto(Yes) Commissioner K. Spolar(Yes) The positive recommendation will be presented to the City Council on January 12, 2021 for final approval. ITEM TWO: CASE # 20-00900002: Request initiated by Wesley Jones, Martel Marketing, LLC to amend Title 10 "Land Development Standards" of the Municipal Code of the City of Gallup. To allow "Open Outdoor Storage" as a permissive principal use within the Heavy Commercial (HC) Zone District in Use Table 10-3-1. This item will go before City Council for recommendation to proceed or not proceed with the proposed text amendment on January 12, 2021. CB began by informing the Commission how they have not had one of these items before where it was a citizen-initiated text amendment request to create a brand new land use within the code to allow open outdoor storage as a permissive principal use. CB explained how a storage use was typically an accessory to something and not allowed as a principal use. The applicant wishes to add this use to the Use Table to allow the outdoor storage of miscellaneous materials within the Heavy Commercial(HC)Zone Districts. The applicant's particular property consists of 4.746 acres of land, which is a single lot that contains a non-conforming trailer park. The reason it's considered non- conforming is because it's zoned Heavy Commercial whereas trailer parks should be zoned Mobile Home Park. The applicant wishes to use the rear of his lot for outdoor storage and has been doing so for several months without a permitted use; meaning that he's basically doing it illegally. The applicant wants to change the code to allow it legally. The code does have specific criteria and information that needs to be provided by anyone requesting a text amendment to the code. There was some required information left out ofthe application, more particularly listed as: Planning and Zoning Commission Meeting December 9''', 2020 Page 3of10  • An exact description or wording ofthe change to be requested. • The reason(s) which support the requested change. CB explained how there was other criteria that needed to be met, which was that the land use needed to be beneficial to the general public as a whole and not specific to one piece of property. So in this case, the burden of proof is on the applicant to show that the land use he's proposing would benefit the community as a whole whereas there is some benefit to the citizens of Gallup and that it's not going to adversely affect the city in any way. CB stated that the criteria was included in the Commission's agenda packets. CB informed the Commission why the item was being presented this evening; to ask them if they believe that the request merits moving forward and if so that recommendation will be forwarded to the City Council. Thereafter the City Council will take the Commission's recommendation, weigh the evidence, and decide whether or not to actually proceed with amending the code. If the City Council decides to move forward with the text amendment, the Planning and Development Department will hire the consultants to proceed in doing the research and creating the code language. However, CB wanted to inform the Commission that there was not a land use code that he is aware ofthat allows open outdoor storage as a principal use; open outdoor storage is always an accessory to a principal use. The reason for that is because open outdoor storage tends to turn into mini junk yards. CB reminded the Commission that if the text amendment was approved then they would be allowing this in any Heavy Commercial Zone District throughout the city. CB used the screen to display the site photos of Mr. Jones' property to show how the property sits today and what Mr. Jones wants to do. CB scrolled through the photos recognizing the old mobile homes located on the property, shipping containers that were not permitted, old inoperable vehicles, trash, and debris. CB stated that the photos were what the applicant wanted to make legal. CB again stated that the request was being presented to see if the Commission felt this merits moving forward to amend the code to allow this type of use in the city. The Commission's recommendation will go before the City Council on January 12,2021. Chairman Wilson asked the Commissioners ifthey had any questions. Chairman Wilson stated that he did not see any text amendment language submitted to the Commission to review. When Chairman Wilson read the request, he felt he was reading an argument to amend it, but not an actual text amendment. Chairman Wilson continued by explaining how code changes needed to go through the procedure CB explained earlier because it adversely affects the city. Chairman Wilson stated that the Commission does not really have anything to move on; other than to say yes or no to considering an amendment that has not been written yet. CB reminded the Commission that the criteria stated that the applicant needed to provide the numbering, exact language, and Justify why the text should be amended. Chairman Wilson asked CB what the Commission was being asked to vote on. CB stated that the Commission was going to hear the testimony from the applicant and make their motion based on the evidence presented. Again, the application was not complete per the minimum requirements of the code. Chairman Wilson stated that another problem he had was that there was no definition for open outdoor storage and he was also wondering about the miscellaneous outdoor storage term. Chairman Wilson stated that until there was a definition, they could be talking about storage of salvage concrete, piles of dirt, or anything in anyone's imagination on any heavy commercial property in the city. Chairman Wilson asked CB who was going to define what open or miscellaneous outdoor storage was. CB explained Planning and Zoning Commission Meeting December 9*^, 2020 Page 4of10 how typically the way it worked was the applicant wishing to amend the code would already have that determined. They would present a definition of the use, what it entails, what type of storage would/would not be allowed, whether there are screening requirements, what type of improvements to the property need to be made, etc. CB stated that all those factors needed to be considered because every land use that's listed in the code has specific requirements tied to it. For example, off-street parking requirements, landscaping requirements, screening requirements, definitions, and types of allowable materials. CB emphasized how the applicant did not provide any of that required information; now it's up to the Commission to determine how they want to move forward and their recommendation will be presented to the City Council. Madam Secretary, Nikki Lee informed Chairman Wilson that the code did have a definition for outdoor vehicle storage and asked if he would like to display it on the screen. Chairman Wilson stated that he didn't think it was necessary because they didn't have an amended text to review. CB explained how that definition was for an existing use that the code allows for an accessory use whereas that wouldn't apply here. Commissioner Pawlowski asked CB ifthe sequence was out of order since the applicant did not have the written definition. And he understands that the Commission is being asked to approve a use ofthe land for what it's already being used for right now. Commissioner Pawlowski continued by stating that he was unsure if they were reviewing the front end or the back end, but knows that they don't have all the pieces to make a decision. CB again reminded the Commission that they were requesting a recommendation on whether to proceed with the proposed text amendment and if that was the case that was when the work would begin to research and implement the language. However, CB stated that they needed a minimum amount of basic information to go off of, which was not submitted. CB stated that staff could not deny the applicant from having a public hearing and addressing the Commission, which was why he presented what was submitted. Commissioner Pawlowski thanked CB for clarifying. Commissioner Miller stated that there was a lot of leg work that still needed to be done to coordinate the residential trailer park being right next to a Heavy Commercial District because ofthe separation requirements. Commissioner Miller also wondered if Mr. Jones owned the trailer park. CB responded that the trailer park was owned by the same owner, Mr. Jones. CB explained how this site was non- conforming because it was zoned incorrectly and the code stated that a non-conforming use could not be expanded upon. So if they did allow Mr. Jones' storage, it would be expanding the non- conforming use, which was not allowed. CB continued by stating that the first thing that they would need to do is rezone the property appropriately and subdivide it. Another thing they need to consider is being careful about spot zoning. CB stated that there were several factors that were not in favor of this particular property to do outdoor storage just because of the non-conforming issues. They would have to look at how to go about correcting the issues and if it would be in line with the City of Gallup's Master Plan for that area. CB stated that Commissioner Miller's concerns were correct; there would need to be more research. Commissioner Miller stated that he was assuming that the vehicles and trailers being stored there were being paid for by different individuals. However, Commissioner Miller believed that the trash and debris was from Mr. Jones himself because he did not think he would accept trash from paying renters. CB stated that Commissioner Miller would have to question Mr. Jones on that during his testimony. Planning and Zoning Commission Meeting December 9^^, 2020 Page 5 of10 Chairman Wilson asked ifthere was anyone wishing to speak in favor ofthis case. Wesley Jones introduced himself and thanked the Commission for their time. Mr. Jones stated that he was also confused with the whole text amendment process. As CB had stated, this was not something they have had before and he has been trying to get this worked on for quite a while. Mr. Jones wanted to give some brief history on the property. He stated that he owned the mobile home park that was there and a majority ofthe stuff(shown in the site photos) belonged to him. He has had different mobile homes stored in the rear of the property over the years and because it was an active mobile home park they swapped out old homes for new homes. He had to figure out what to do with those trailers, which was why they were stored on the rear ofthe property. Mr. Jones stated that the two(2) trailers (shown in the site photos) he owns, which will be replacement homes for some older homes in the trailer park. He doesn't want to kick the current tenants out, but he does have some older homes that need to be replaced. And as soon as the older trailers become unoccupied, he will make those changes to swap out. Mr. Jones stated that a number of the vehicles(shown in the site photos) belonged to the tenants in the trailer park because they have limited amount of parking space. So what started out as him using the storage area for personal use and a little bit of overflow from the business has caused him slightly to allow his trailer park tenants to store some oftheir vehicles there until they can find a different use for them. Mr. Jones thinks that a majority of the vehicles do run, but there a few that dp not. He stated how there also adds a little bit of confusion for him because he owns a storage facility right off Highway 66 that is on a separate piece of property that is run by one entity. Mr. Jones stated that he does get requests from the public from time to time about outdoor storage whereas this started with good intentions and now realizes that it was a mistake. Mr. Jones is trying to figure out the best solution to be able to accommodate the tenants that live in the trailer park as well as a service to the community. If the Commissioners have any questions he stated that he was available to answer them. Chairman Wilson asked the Commissioners ifthey had any questions for Mr. Jones. Commissioner Long stated that he understood what Mr. Jones wanted to do, but the issue was that they could not change the zoning for mobile home parks and allow as a permissible use. He wondered if that was the issue because directly across the street on Highway 66 was his property as well. Commissioner Long asked if they rezoned, was there anything in that zone district that would be better suited. Commissioner Long assumed that was why Mr. Jones wanted to add the outdoor storage use to the Heavy Commercial Zone District because he cannot zone the property without doing a spot zone. Mr. Jones stated that both properties he owned sat on separate sides of Highway 66 and there was not a separate office; both sides were run out of one(1)office. Both sides are zoned Heavy Commercial whereas automatically he is noncompliant because he has a mobile home park inside a Heavy Commercial Zone District. Mr. Jones stated that he also has storage units and an auto mechanic shop on his property whereas if he rezoned to Mobile Home Park, they would be out of compliance because they have other stuff in there that only applies to Heavy Commercial zoning. Mr. Jones stated that he did not know what the solution was and he thought that if he could allow outdoor storage in the rear of his property, which was in a Heavy Commercial Zone District, it would solve it. Mr. Jones continued by stating that what he understood from talking with CB and the City Manager, Maryann Ustick was that if his request went through, the city would determine what would be best Planning and Zoning Commission Meeting December g'l*, 2020 Page 6 of10 and he would conform to whatever rules were established for outdoor storage in the Heavy Commercial Zone District. Commissioner Long asked CB to comment on what Mr. Jones stated because it seemed like they were doing a work session rather than approving or denying a request. Commissioner Long asked CB what the proper action would be and what the zoning code said right now in allowing outdoor storage. CB responded that the code currently does not have a principal use that allows outdoor storage of any kind in any zone district. That's the reason for the request is to allow it, which would mean that they would have to add a brand new land use to the code as a permissive principal use within Heavy Commercial Zone Districts. CB emphasized how zoning was not the issue; it was the land use of outdoor storage that does not exist at this point. Like Chairman Wilson brought up, the applicant has to specify what the definition is, what they want the use to entail, the type of storage, what is/is not allowed, site improvements, off-street parking, paving, screening, landscaping, etc. CB stated that all that information would be taken into account to decide if it fits within the City of Gallup of Master Plan for that area. He mentioned how typically there would be market studies to show a public need for this type of outdoor storage use. CB has never had anyone approach him for this particular use before. Again CB stated how the new use should benefit the public as a whole, there should be a demand, and it should not have an adverse effect on the community whereas it should not be for one specific property. CB stated that they cannot create a land use for one specific property because that land use applies across the board to any zone district that they are allowing it in. CB reiterated how the zoning was not the issue because that could be addressed using their non-conforming use section of the code. Commissioner Long stated that he understood that. However Commissioner Long's question was more global because if they were to have an outdoor storage of recreational trailers like the rental yards outside of Albuquerque, he wondered if there was anything in the code that allowed for that. Chairman Wilson stated that Commissioner Long was incorrect because within Use Table 10-3-1 it listed outdoor vehicle storage as a permitted use. CB corrected Chairman Wilson by explaining how that particular use was an accessory use and not a principal use, which he thinks Ms. Lee was trying to get at earlier. CB stated that the definition does not apply here. Chairman Wilson informed the Commission that they did not need to turn this into a work session if there was sufficient concem among the Commissioners, then they can vote to proceed with it and then CB would take it to the next level to work with the consultants to develop the language. Thereafter the request would come back before the Commission for approval which would then go to the City Council. CB corrected Chairman Wilson stating that the Commission's recommendation tonight was to proceed or not to proceed with amending the code. The Commission's recommendation would then be presented to the City Council whereas it would be up to them to weigh everything out and give CB the direction whether to proceed with securing the consultants to create the language and definitions. Once the language is finalized it will be presented to the Commission and the City Council for final approval. CB reminded the Commission how typically storage of any kind was generally only permitted as an accessory use. Outdoor storage you hardly ever see unless it's part of a self-storage facility, but it's specifically written in the code where they have to be covered and all that. CB also wanted to bring up how the code does not allow satellite businesses whereas they do not allow a business at one location and another satellite location on a lot located somewhere else. That's also not a permitted use in the code; they have to be contained on the same property, CB explained how that was the current standard because he knows people are going to mention Gurley Motors and Rico's who have their businesses contained on several different lots. However, that was created years ago prior to the new code whereas the new Planning and Zoning Commission Meeting December g''*, 2020 Page 7of 10 standards would not allow it. CB stated how it was staffs responsibility to present the facts and it was the Commission's decision whether to move forward or not. Commissioner Cresto wanted to make sure he understood what was being discussed. He stated that if the applicant's property had a self-storage as his primary use, he would be allowed to have outdoor storage as an accessory use. Commissioner Cresto stated that he saw outdoor storage all over town and did not like it because he thought it hurt the image of the city. He understands that they cannot regulate what was not in the code, but was trying to understand a little better because the RV market has blown up this year. Commissioner Cresto wondered if the Commission needed to take a further look into this in case other owners had a five acre property where they wanted to have just an office and store RV's on it. Commissioner Pawlowski stated that he understood the issue, but did not see the sequence. He was unclear as to what should be done first; the writing of the code language or requesting approval from the Commission. Commissioner Pawlowski did not think the Commission had enough information this evening to make a recommendation on whether to move forward with the text amendment or not. He was unsure as to what decision they could make besides to deny it for a lack of no choice because based on what was in the code right now the outdoor storage use was not permitted. Commissioner Pawlowski stated that the applicant should reconsider getting his request to a point where they have something more to vote on because he doesn't see it right now. CB suggested that the Commission not make a recommendation based on a lack of information and he could present that to the City Council. But the way CB understands it and what was submitted to the Commission was that the applicant wished to continue doing exactly what he was doing now; no more or no less. In other words the applicant just wants to make what he's doing legal. As the Commission stated there's not enough information to make a recommendation so that would be the next best thing to do. CB stated that the City Council could weigh that out and determine how they want to act on the request. Commissioner Mackenzie-Chavez stated that she understood the applicant had an incomplete application so the responsibility was on Mr. Jones to complete the wording for what he wanted amended for the Commission to vote on. CB stated that was correct; the information required was not submitted by the applicant. CB stated that he was not placing blame on Mr. Jones because it was a hard process to understand, but at the same time there are minimum requirements that need to be met. CB stated that what should have happened was that an attorney or someone familiar with land use should have been consulted with by the applicant to come up with the appropriate code language, which was typically how it was done. Commissioner Pawlowski stated that he liked the suggestion of Mr. Jones seeking legal advice because the city was not going to do it on its own or at least not now. Chairman Wilson asked if there were any other parties wishing to speak to this case. There were none. Chairman Wilson asked the Madam Secretary if there was anyone who called in wishing to speak for or against this case. There were none. Planning and Zoning Commission Meeting December 9'*', 2020 Page 8 of10 Chairman Wilson stated that the hearing was closed. Motion to approve or deny the request for Case Number 2020-00900002. Commissioner Pawlowski asked ifthe Commission was able to table the item. CB explained how the Commission was not really taking action this evening whereas the request would go before the City Council on January 12, 2021 so he needed a recommendation to take to them. If there's no recommendation due to the lack of information, it would be up to the City Council to basically tell the applicant what he needs to do. CB emphasized how they are at the very preliminary stage right now to decide whether to begin the research and implementation phase. Ifthe City Council decides to move forward with the proposed text amendment on January 12, 2021, the consultants will draft up the language, it will come back to the Commission for their review, and to the City Council for final approval. CB reiterated how right now he just needs the Commission's direction on whether the request warrants moving forward or not. Chairman Wilson stated that there was no motion on the floor; if there was no motion there will be no action taken and that's what CB can take to the City Council. Motion to approve or deny the request for Case Number 2020-00900002. Commissioner Cresto motioned for no recommendation to Item Two due to a lack of information. Seconded by Commissioner PawlowSki. Motion Carried. Upon roll call, the following votes were: Commissioner J. Cresto(Yes) Commissioner F. Pawlowski(Yes) Commissioner K. Mackenzie-Chavez(No) Commissioner M.Long(No) Commissioner L. Miller(Yes) Commissioner K. Spolar(No) Chairman K. Wilson (Yes) The Commission's recommendation of no recommendation will be presented to the City Council on January 12,2021. INFORMATION ITEMS ITEM THREE: City Council Actions Taken ITEM FOUR: November 2020 Building Permit Activity Report OPEN FLOOR: Chairman Wilson asked CB if he could inform the Commission about the award the Planning and Development Department received. CB asked Madam Secretary, Nikki Lee to address the Planning and Zoning Commission Meeting December 9'**, 2020 Page 9 of10 Commission since she received the information first hand. Ms. Lee stated that she was informed by the American Planning Association (APA) that in September 2020 they received nominations for different codes and planning projects going on in New Mexico. The City of Gallup Land Development Standards was nominated for the Long-Range Planning Award. They did not win, however they did receive honorable recognition because APA was impressed as to how well the code was written and different things that were taken into account. Ms. Lee stated that APA thought that if the code would have been submitted to the technical category they would have won. The Planning and Development Department will be receiving a plaque for all the hard work. She thanked everyone who served on the steering committee, to the Commission and to everyone involved in the code rewrite. The Commission congratulated the Planning and Development Department for their award. Chairman Wilson asked the Madam Secretary if there was anyone who called in wishing to comment on a non-agenda item. There were none. Chairman Wilson asked if there was anyone in attendance that would like to comment on a non- agenda item. Motion was made by Commissioner Pawlowski to adjourn the meeting. Seconded by Commissioner Miller. Motion Carried. Upon roll call, the following votes were: Commissioner F. Pawlowski(Yes) Commissioner L. Miller(Yes) Commissioner K. Mackenzie-Chavez(Yes) Commissioner M.Long(Yes) Commissioner J. Cresto(Yes) Commissioner K. Spolar(Yes) Commission Adjourned at 7:00 p.m. NNING & ZONING COMMISSION ILSON,CHAIRMAN ATTEST: CLYDE(C.B.) STRAIN SECRETARY TO PLANNING & ZONING COMMISSION Planning and Zoning Commission Meeting December 9^,2020 Page 10 of10