Planning and Zoning

Planning and Development Clyde “C.B.” Strain, Director PLANNING AND ZONING COMMISSION AGENDA Wednesday, November 14th, 2018, 6:00 p.m. City Hall Council Chambers *** Call to Order / Roll Call *** Approval of October 10th, 2018 Meeting Minutes PUBLIC HEARINGS ITEM ONE: CASE # 18-00700004: Request by Patricia L. Olson, property owner, for a Conditional Use Permit to allow for a short-term rental as an accessory use to the Single Family Residential- A Zoning District (SFR-A). The property is located at 606 E. Green Avenue; more particularly described as Lot 8, W ½ of Lot 9, Block 7, Cottage Heights Addition. INFORMATION ITEMS ITEM TWO: City Council Actions Taken ITEM THREE: October 2018 Building Permit Activity Report *** Open Floor *** Adjourn 110 West Aztec Avenue • Gallup, New Mexico 87301 • phone 505.863.1240 • email cstrain@gallupnm.gov  Planning & Zoning Commission October 10th, 2018 Minutes City Council Chambers The regular meeting of the Planning and Zoning Commission was called to order at 6:02 p.m. by Chairman Kent Wilson. Upon roll call, the following were present: Chairman K. Wilson Commissioner J. Dooley Commissioner F. Pawlowski Commissioner F. Kozeliski Commissioner M. Long Upon roll call, the following were absent: Commissioner K. Mackenzie-Chavez Commissioner L. Miller 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 J. Dooley (No) Commissioner F. Pawlowski (No) Commissioner F. Kozeliski (No) Commissioner M. Long (No) Presented to the Chairman and Commissioners for their approval were the minutes of the August 8th, 2018 regular meeting. Commissioner Pawlowski motioned for approval of the minutes as presented. Seconded by Commissioner Dooley. Motion Carried. Upon roll call, the following votes were: Commissioner F. Pawlowski (Yes) Commissioner J. Dooley (Yes) Commissioner F. Kozeliski (Yes) Commissioner M. Long (Yes) Chairman Wilson administered the oath required by State Law for public forum. Chairman Wilson stated anyone wishing to speak limit their comments to three minutes and not to duplicate a previous point; they will have one opportunity to testify. Planning and Zoning Commission Meeting October 10th, 2018 Page 1 of 12 ITEM ONE: CASE # 18-01100001: Revocation of the Conditional Use Permit for Larry’s Automotive Repair Service due to violations with the conditions set forth in Resolution RP2012-02. The property is located at 203 Burke Drive; more particularly described as Lots 10 thru 13, Block 27, Ford Highway 66 Addition. CB Strain began by explaining that this evening’s meeting was to present the revocation of the conditional use permit for Larry’s Automotive Repair Service at 203 Burke Drive. On September 12, 2012 the business owner, Larry Sinnott was approved for a conditional use permit with Resolution Number RP2012-02 to operate an automotive servicing and mechanical repair shop. The conditional use permit was required for that particular zoning district, which at that time was the General Commercial Zoning District (C2-A). CB explained that with any conditional use permit, conditions are applied to the use in order to ensure that it doesn’t have an adverse effect on the adjacent properties or the community. He pointed out how the Commission didn’t add specific conditions on the use at Larry’s Automotive Repair Service. All of the conditions were followed except two (2), which the Planning & Development Department has had several complaints on. CB read aloud conditions d. and e. from Resolution Number RP2012-02: d. All vehicles waiting for service or repair shall be stored inside the structure and not parked or stored outside the building or within the Burke Drive right-of-way e. Customers shall be permitted to park within the Burke Drive right-of-way when dropping off or picking up a vehicle only. The dropped off vehicle shall then immediately be transferred and stored inside the structure. CB explained how the Planning & Development Department received many complaints about vehicles being consistently parked along the Burke Drive right-of-way outside of the building during business hours and overnight, which was a violation of the conditional use permit. CB spoke about the multiple warning letters sent to the property and business owners notifying them of the violations whereas the violations would temporarily stop, but eventually continued. CB stated there seemed to be no desire for the business to comply with the regulations or the conditions set forth in the resolution that allowed the business operation. The Planning and Development Department has exhausted every effort to obtain compliance, which is why the conditional use permit revocation is being brought before the Commission this evening. CB made it clear to the Commission that if the conditional use permit was revoked the business would have to cease operations. CB explained that the Code Enforcement Officers who witnessed the multiple violations are present this evening and will testify to the evidence. Toby Tafoya, Code Enforcement Officer introduced himself and explained how he’s received up to at least seven (7) complaints since 2012 of parking violations. He spoke about the vehicles he’s witnessed parked along Burke Drive whereas he’s issued orange tags and parking notices. (The overhead projector was used to display Pages 1-9 thru 1-24 of Mr. Tafoya’s Code Enforcement Notices and violation photos.) Mr. Tafoya confirmed that those photographs were taken by him. Mr. Tafoya stated that for every complaint he received there were always violations found. Charles Soto, Code Enforcement Officer introduced himself. He explained how he was dispatched to Larry’s Automotive Repair Service at 203 Burke Drive on August 20, 2018 regarding a complaint Planning and Zoning Commission Meeting October 10th, 2018 Page 2 of 12 about multiple vehicles being parked and worked on along Burke Drive. Mr. Soto referred to the site photos he took upon his arrival to the location. (The overhead projector was used to display Pages 1- 28 and 1-29 of the violation photos.) He explained that there were two (2) vehicles parked along Burke Drive that were being worked on or waiting to be worked on. He described how one (1) car had the hood propped up while a white truck was just being towed in and parked along Burke Drive. He mentioned how there were also other vehicles parked along Burke Drive from Larry’s Automotive Repair Service. Mr. Soto stated that he was only dispatched to that location that one (1) time and had no other code enforcement cases for that location. CB informed the Commission that was all the facts and evidence they had to present to them this evening. Chairman Wilson asked the Commissioners if they had any questions for staff. There were none. Chairman Wilson stated that the Code Enforcement photos would be entered into the record as evidence. Chairman Wilson asked if anyone wanted to speak against the revocation to please approach the podium. Douglas Howes introduced himself as the property owner of 203 South Burke Drive. He began by stating that there has always been parking issues along Burke Drive for many years. The hours of operation for Larry’s Automotive Repair Service is normally every day from eight o’clock (8 a.m.) to five o’clock (5 p.m.) where they don’t have vehicles on the street. Mr. Howes pointed out how there was actually a bigger hazard caused by A&J Produce who parks their cargo truck halfway to the driveway and the street. He spoke about how his building at 203 Burke Drive was driven into twice where his retaining wall and parking lot was damaged, which he never complained about. Mr. Howes stated how it seemed like there was an issue because one neighbor wanted to compete with another neighbor. He stated that he didn’t think Gallup was in the business to close businesses. Mr. Howes recommended that the Commission give Larry Sinnott another chance to correct the parking issues because Mr. Sinnott has a separate location to park his vehicles now. In closing Mr. Howes stated that they’ve put a lot of money into maintaining the property and he knew there were consequences for breaking the rules and regulations. He also thanked the Commission. Chairman Wilson asked the Commissioners if they had any questions for Mr. Howes. Commissioner Dooley asked Mr. Howes for clarification on the property that was being offered to Mr. Sinnott to parks his vehicles. Mr. Howes explained how Mr. Sinnott had found a location on Hasler Valley Road from George Athens to store his vehicles. Larry Sinnott started to make a comment from the audience when Chairman Wilson required him to approach the podium in order to speak. Larry Sinnott introduced himself as the owner of Larry’s Automotive Repair Service. He began by explaining how a couple of years ago George Athens agreed to let him utilize the vacant lot west of the Aztec Laundromat on the northeast corner of Aztec Avenue and Burke Drive. Mr. Sinnott stated that he had brought that solution to the City whereas he was told that it wasn’t allowed because the satellite parking wasn’t within one hundred and thirty feet (130’). He claimed to have since checked the distance from his business to the vacant lot where it was actually less than the required one Planning and Zoning Commission Meeting October 10th, 2018 Page 3 of 12 hundred and thirty foot (130’) distance. Mr. Sinnott spoke about how he was going to rent that vacant lot from Mr. Athens and install a fence whereas it would’ve taken care of the congestion problem they have now. Chairman Wilson asked Mr. Sinnott if that proposal had been presented to the Planning Department as a solution to the parking issue. Mr. Sinnott responded no; that was a couple of years back when the City didn’t agree to it. Commissioner Dooley asked CB to respond to Mr. Sinnott’s statements. CB acknowledged that there was a vacant dirt lot on Aztec Avenue and Burke Drive, which previously had a building on it that was demolished. CB explained how the zoning ordinance didn’t have a permitted use for the storage of vehicles on a vacant lot. There are uses for business parking lots, but not on separate blocks where it’s going to be used strictly for the storage of vehicles. CB continued by explaining how the old zoning ordinance didn’t allow for that and neither did the new zoning ordinance, which was why it wasn’t allow then and wouldn’t be allowed now. CB stated that the only time vehicles can be parked and stored on a vacant lot is if it’s for a car dealership because that inventory is part of the business. Commissioner Dooley asked CB if there would be a problem with utilizing the property on Hasler Valley Road to store their vehicles. CB stated that Hasler Valley Road was now a part of the City, so it would become an issue. Chairman Wilson and CB agreed that the business has outgrown the location, which was a good sign, but now they needed a solution. Commissioner Long asked Mr. Sinnott how many vehicles he could fit inside his shop. Mr. Sinnott stated that if the vehicles were under a lift probably about five (5) vehicles. Commissioner Long asked Mr. Sinnott how many vehicles he typically works on in one (1) day because in Resolution No. RP2012-02 it stated that the cars were supposed to be stored within the structure. Mr. Sinnott stated that it depended on the availability of the parts, but normally about five (5) vehicles a day. Chairman Wilson asked the Commission if they had any other questions for Mr. Sinnott. There were none. Chairman Wilson asked if there were any other parties wishing to speak. Debra Turner approached the podium and introduced herself as an involved party of the property ownership at 203 South Burke. She began by stating that when the Commission first considered Larry Sinnott’s conditional use permit in 2012 it was brought to their attention that the parking would be limited. She read aloud paragraph seven (7) from Resolution Number RP2012-02, “Whereas, because this existing development is classified as non-conforming and existing site constraints prohibit full compliance with certain regulations, the existing development is exempt from having to comply with current landscaping and off-street parking regulations.” Ms. Turner stated how Mr. Sinnott had operated his business for six (6) years and how he was obviously doing better than his neighbors. She felt that it was very extreme to shut Mr. Sinnott’s business down. Ms. Turner stated how the closing of the business would not only affected Mr. Sinnott, but the property owners, the employees, their families and their income. She asked the Commission to consider all parties involved when they make their decision this evening. She also thanked the Commission. Chairman Wilson asked Ms. Turner to clarify where she was reading from. Ms. Turner stated that she was reading from Resolution Number RP2012-02 (Page 1-1); the section where it classified the structure as non-conforming. She stated that Larry’s Automotive Repair Service was exempt from having to comply with any off-street parking regulations. Ms. Planning and Zoning Commission Meeting October 10th, 2018 Page 4 of 12 Turner stated that she was under the assumption that an addendum was being created, which would allow the parking of vehicles along Burke Drive during business hours; however she didn’t see that added to the resolution appropriately. She suggested going back to the original minutes of the 2012 Planning & Zoning Commission Meeting to review the minutes. CB informed the Commission that the approved minutes from the 2012 Planning and Zoning Commission meeting were included in their agenda packets (Page 1-4 through 1-6) whereas an addendum was not made. He explained how Resolution Number RP2012-02 was approved as is in 2012 with those conditions whereas nobody approached the City to make amendments to the resolution, which would have had to come before the Commission anyway as a separate case. CB explained how Ms. Turner was correct in stating that the property was exempt from having to comply with the off-street parking regulations. CB used the overhead projector to display the property’s aerial imagery. He pointed to the property location explaining how the building took up the entire lot from front to back whereas there was no room to comply with the off-street parking requirements, which was why they were exempt. However, that didn’t exempt them from complying with the conditions set forth in the resolution, which was storing the service vehicles inside the structure. CB pointed out that those were two (2) separate issues; off- street parking and storing vehicles within the structure. He mentioned how the business was exempt from the landscaping requirement because there was no place to install it being that it was abutted against the right-of-way. Commissioner Kozeliski asked CB if there was a possibility to allow the satellite parking on a vacant lot as a conditional use for Mr. Sinnott’s business. CB explained how the zoning codes across many cities strictly states that if it’s not a permitted use it can’t be allowed with a conditional use. CB reiterated that satellite parking for Larry’s Automotive Repair Service was not permitted and they can’t allow it. Commissioner Kozeliski commented about how he would hate to see the Commission close down a business and asked CB if there were any other options to help Mr. Sinnott’s business. CB stated that he was just presenting the facts of the case because there were violations of the conditions set forth in the resolution, which was why it was being discussed this evening. CB stated that if the Commission amended the entire zoning code for one (1) person they would have to do it for everyone. However CB recommended that the Commission not take that route because it would cause more issues. Chairman Wilson clarified how the agreement was actually the conditions set forth on the approved resolution from 2012, which specifically stated that cars could not be parked on the street and had to be stored within the structure. CB reassured Chairman Wilson that was correct. Mr. Sinnott made an unknown comment from the audience. Chairman Wilson asked Mr. Sinnott to approach the podium and to speak into the microphone. Mr. Sinnott approached the podium and stated how his automotive repair business was not the only one in town that had vehicles parked on the street. He claimed that there were also others in town that did it and if the Commission was going to shut his business down they should do the same to others. Commissioner Pawlowski responded to Mr. Sinnott’s comment by stating that it didn’t make it right for him or anyone else to break the regulations. He acknowledged that Mr. Sinnott’s claim may be true, however it wasn’t a justifiable excuse and just because somebody else did it didn’t mean that it was right. Chairman Wilson stated that the facts are that the conditional use permit was issued with specific conditions and those conditions have been violated, which was why the case was brought before the Commission. Planning and Zoning Commission Meeting October 10th, 2018 Page 5 of 12 Chairman Wilson asked if anyone wanted to speak in favor of the case. Shauna and Rudy Piano introduced themselves as the owners of A&J Produce, which was the neighboring property to Larry’s Automotive Repair Service. Mrs. Piano began by explaining how they’ve nicely asked Larry’s Automotive Repair Service to not park along Burke Drive in front of their property. She explained how they installed “No Parking” signs along the frontage of their property to prevent Mr. Sinnott’s customers from parking there because it was a constant problem that never got resolved. Mrs. Piano informed the Commission that she brought photographs of the parking violations that she witnessed. Mr. Piano requested the Code Enforcement violation photo (Page 1-28) be displayed on the overhead projector. Mr. Piano stated that the reason he parked his truck there was because he was tired of other people parking in his parking lot. He mentioned how their business at A&J Produce has downsized lately, but was still open for business. Mr. Piano continued by stating that his parking lot was for his customers and not for Mr. Sinnott’s. He stated how he was also tired of the after-hour parties that took place there all hours of the night where they utilized his parking lot. He spoke about the complaints he’s received where people thought it was his business having parties when it wasn’t. There have been numerous occasions where he’s had to clean up beer cans and trash in his parking lot that was left behind from Mr. Sinnott’s parties. Mr. Piano stated that he has tried to resolve the issue with Mr. Sinnott, but it doesn’t get anywhere. He’s claimed to have witnessed vehicle collisions, which was due to the congestion of vehicles parked along both sides of Burke Drive. Mr. Piano spoke about how he received a call from the City of Gallup last year during the winter when a snow plow collided with the vehicles parked along Burke Drive. He had to explain that those vehicles didn’t belong to him, but rather to Mr. Sinnott whereas those vehicles were parked there for six (6) or seven (7) months. Mr. Piano explained how he was frustrated and wanted the parking of vehicles along the front of his property to stop. Mrs. Piano wanted to respond to the comment that Mr. Howes previously made stating that their A&J Produce truck was parked in the middle of the street. Mrs. Piano stated that the truck is always parked on their property, which she has pictures to prove. She explained how she also had pictures that showed Larry’s Automotive Repair Service parking another vehicle half way onto their property and half way into the street to make room for another vehicle they were working on. Mrs. Piano gave Chairman Wilson four (4) pictures to see the parking violations she’s witnessed. Chairman Wilson asked the Commissioners to pass the photos around so they can all view them. Chairman Wilson stated that the pictures would be numbered and made a part of the record. (Four of Mrs. Piano’s 4x6 pictures are attached hereto, marked as Exhibit A, B, C & D and made a part of these official minutes.) Mr. and Mrs. Piano also spoke about how they installed red and white “No Parking” signs along both sides of Burke Drive in front of their properties. Mrs. Piano used the laser beam pointer to point to the signs on the overhead projector on a couple of the site photos. Chairman Wilson asked the Commissioners if they had any questions for the Pianos. There were none. Chairman Wilson asked if there were any other interested parties wising to speak. Planning and Zoning Commission Meeting October 10th, 2018 Page 6 of 12 Marie Hiskey approached the podium and introduced herself. She began by stating that she was a neighboring resident who was also a volunteer fire fighter. She acknowledged how terrible the traffic had become in the area and wondered how the emergency vehicles would be able to get access through there. Ms. Hiskey stated that she understood both parties, but they really needed help in resolving the parking issues. She explained how she’s lived by A&J Produce for forty-nine (49) years and how much she loved the area. Ms. Hiskey wished there was a better route for people to go through there every day. She thanked the Commission for listening to her concerns. Chairman Wilson asked the Commissioners if they had any questions for Ms. Hiskey. There were none. Chairman Wilson asked CB for clarification as to why Resolution Number RP2012-02 did not allow parking of vehicles waiting for service along Burke Drive. CB explained how they didn’t want to obstruct the traffic flow on that section of Burke Drive and it was a safety issue as well. CB explained how the on-street parking was for everybody and how that on-street parking can’t be dedicated to one (1) business. It’s unlawful, which is why the code requires off-street parking for a business. Chairman Wilson stated that the hearing was closed. Motion to approve or deny the request for Case Number 2018-01100001. Commissioner Dooley motioned for approval of Item One to revoke the conditional use permit for Larry’s Automotive Repair Service at 203 Burke Drive. Seconded by Commissioner Pawlowski. Motion Carried. Chairman Wilson opened the floor for discussion. Commissioner Dooley commented that it was a difficult decision to make. She stated that she was happy that the business had grown, but sometimes when businesses grow they need to make accommodations for their employees and customers. Businesses also need to take into account the safety of the community. Commissioner Dooley stated that it was difficult to present her motion, but felt she had to do so. Commissioner Pawlowski stated that he believed strongly in the art of negotiation and compromise. However there are certain things that people just can’t do; they can’t have vehicles parked on both sides of the street like that. He spoke about similar parking issues at the public stadium during a football game or similar event where there’s no access for emergency vehicles. Commissioner Pawlowski thought it would be a good idea to allow parking on the east side of Burke Drive, but to set time limits. He suggested that the Commission consider that as an alternative for the business. Chairman Wilson stated that once a successful business reaches a certain point they have to make a decision that will satisfy their customers, employees and other affected parties. Upon roll call, the following votes were: Commissioner J. Dooley (Yes) Commissioner F. Pawlowski (No) Commissioner F. Kozeliski (Yes) Planning and Zoning Commission Meeting October 10th, 2018 Page 7 of 12  Commissioner M. Long (Yes) Chairman Wilson stated that the conditional use permit has been revoked. He reminded the business and property owners that they have a ten (10) day appeal period. If that’s the path they would like to take they can contact the City Clerk’s office for more information. ITEM TWO: CASE # 18-01000002: Request by Mike Tiley, on behalf of D.E. & Doris Jenkins Revocable Trust and Haven Tiley, property owners, for the City of Gallup to vacate a portion of a twelve foot (12’) public utility easement (P.U.E.) along the southern property boundary line of the lot in order to bring the existing structures into compliance. The property is located at 411 Bortot Drive; more particularly described as Lot 6, Block 4, Bortot Subdivision. This item will go before the City Council for final approval at its regular meeting to be held on October 23rd, 2018. CB began by displaying the property’s location using the overhead projector. He pointed to the southern property boundary line at 411 Bortot Drive, which was where the public utility easement vacation was being requested. CB noted how there were existing structures built on top of the public utility easement. He displayed the property’s survey using the overhead projector and pointed to where the twelve foot (12’) public utility easement was located. CB explained how no utilities were ever placed within the easement whereas it was an open easement. If there were any utilities, CB assumed that it would be mainly electric because the water and sewer are located within the street right-of-way. CB went on to state how the property owners wanted to add an addition to the existing building, however the existing encroachment prohibited that. And being that the easement was not needed or being used the applicant petitioned the City to vacate. CB explained how the vacation request went through the Gallup Task Force review process whereas no City department had an issue with the vacation. There are no immediate or future plans to locate any utilities within the said easement. CB stated that he supported the applicant’s request to vacate the public utility easement and based on the Planning and Zoning Commission’s recommendation this evening the vacation would be presented to City Council on October 23, 2018 for final approval. Chairman Wilson asked the Commissioners if they had any questions for staff. Commissioner Long requested the GIS map be displayed on the overhead projector to see where the utility lines were located. Ms. Lee informed the Commission that the GIS map was currently unavailable. Commissioner Long wanted to know if there were any overhead electrical lines for that property. CB stated that there were overhead electrical lines that serviced the property; however, the vacation of the easement would not impact existing utilities. There was a brief discussion between staff and Commissioners regarding the other public utility easements located in the alley and neighboring property. CB spoke about how it was a standard procedure to dedicate easements when creating a subdivision just in case it’s needed in the future. Chairman Wilson was curious as to why a building permit for a structure was approved when it would be ultimately allowing an encroachment. CB stated that he was unsure as to how and why that happened, but today it wouldn’t be approved or allowed. Planning and Zoning Commission Meeting October 10th, 2018 Page 8 of 12 Commissioner Kozeliski asked CB if he knew when the property was surveyed or platted. CB explained that the property was a part of the Bortot Subdivision and estimated that it was created around the 1960’s. However, he didn’t have an exact date and would have to do some additional research to find out. Commissioner Dooley asked CB if the City utilities included or were dependent on where the gas lines were located. CB informed Commissioner Dooley that the gas lines were done by the New Mexico Gas Company. However, they do work together to co-locate within the same trenches so there aren’t so many easements. Ultimately it is the New Mexico Gas Company who determines where their gas lines get installed. Chairman Wilson asked if there was anyone wishing to speak in favor of this case. There were none. Chairman Wilson asked if there was anyone wishing to speak against this case. There were none. Chairman Wilson asked if there were any other parties wishing to speak on this case. There were none. Chairman Wilson stated that the hearing was closed. Motion to approve or deny the request for Case Number 2018-01000002. Commissioner Dooley motioned for approval of Item Two. Seconded by Commissioner Kozeliski. Motion Carried. Upon roll call, the following votes were: Commissioner J. Dooley (Yes) Commissioner F. Kozeliski (Yes) Commissioner F. Pawlowski (Yes) Commissioner M. Long (Yes) Chairman Wilson wanted to point out that there were three (3) entities that failed to comment during the Gallup Task Force review, which was CenturyLink, New Mexico Gas Company and Comcast. He thanked the City departments for doing their part and submitting their comments by the deadline. CB notified the applicant to be present at the City Council meeting on October 23, 2018 at 6 p.m. for the vacation’s final approval. ITEM THREE: Resolution RP2018-09; Amending the City of Gallup Official Zoning Map to correspond with the new City of Gallup Land Development Standards adopted by City Council on August 28, 2018. This item will go before the City Council for final approval at its regular meeting to be held on October 23rd, 2018. CB began by explaining how the City of Gallup recently adopted the new zoning code (Land Planning and Zoning Commission Meeting October 10th, 2018 Page 9 of 12 Development Standards). With that update there were new zoning districts adopted which replace the old zoning districts and the number of zoning districts were also reduced from twenty-three (23) to thirteen (13). The new zoning code needs to match up with the official zoning map in order to have the correct designations. CB stated that with the adoption of the new official zoning map they’re not changing any uses or creating any non-conformities; just changing the designations of the zoning districts to match the new code. Generally the Planning and Zoning Commission has the authority to approve zone changes on tracts of land or subdivisions, but when it’s a comprehensive change to the entire zoning map City Council has to make the final approval. The Planning and Zoning Commission’s recommendation will go to City Council on October 23, 2018. Ms. Lee used the overhead projector to display the old official zoning map (Page 3-3) and the new official zoning map (Page 3-1). CB referred to the new official zoning map and pointed to the Rio Puerco Wash Subdivision where the dam was located near Second Street. CB explained that when the subdivision was replatted, Tract 1 was created with the wrong zoning designation. On the recorded plat it shows two (2) different zoning designations for the same tract; Single Family Residential (RS3) and Heavy Commercial (C-3A). CB stated that to correct the error they’re going to rezone Tract 1 to the Rural Holding Zone District (RHZ) being that nothing will ever be developed there since it’s a drainage way. Commissioner Long asked CB if the tract he was referring to belonged to the City of Gallup. CB stated yes it was the City of Gallup’s property. Commissioner Long asked CB if the Rural Holding Zone District (RHZ) would be the easiest designation to do a zone change from. CB stated yes, however it would never be used for anything other than drainage whereas it will be never be developed. There was a brief discussion between staff and Commissioners regarding the possibility of future development along Second Street near the City Bus Stop next to Rocket Café. Chairman Wilson clarified that the reason for the rezone was to correct a clerical error that was done when the subdivision was last platted. CB stated that was correct. CB also pointed out that it was the only rezone they were doing with the adoption of the new official zoning map; the rest of the map was just changing zoning designations to match the new code. Commissioner Long asked CB if he had seen any other areas that he would suggest correcting the zoning designations for. CB stated that with this evenings action they’re unable to do any other zone changes because they can’t change without the property owner’s consent. Another thing to consider is that it might create non-conformities to existing uses, which they don’t want to do. Commissioner Long stated that he just wanted to see if there was anything else they could do for zoning that would work better for the City, but he understood what CB was saying. CB explained how he did go through the zoning map for the multi-family districts where he had to assign low, medium and high densities. Planning and Zoning Commission Meeting October 10th, 2018 Page 10 of 12 Rick Padilla, GIS Coordinator introduced himself and explained how he has been working with the Planning and Development Department to update the new official zoning map. He spoke about how the GIS Department maintains a PDF map as well as an online web map, which are both accessible by the public. Mr. Padilla used the overhead projector to demonstrate the different ways to access the maps on the City of Gallup website. He showed the Commission how to use the online tools such as the zoom and measuring tools. He also clicked on parcels to demonstrate how information dialogue boxes pop up, which contain zoning documents (if available), Subdivision names and plats (if available) and a link to the McKinley County Assessor’s website. Mr. Padilla spoke about how he works with all the City departments to develop and build informative maps. Their goal is to provide the City and the public with helpful resources and accurate information. The Commission was impressed on how much information the web maps provided and commended the GIS Department for their hard work. Chairman Wilson stated that the hearing was closed. Motion to approve or deny the amendment of the City of Gallup Official Zoning Map. Commissioner Kozeliski motioned for approval of Item Three. Seconded by Commissioner Pawlowski. Motion Carried. Upon roll call, the following votes were: Commissioner F. Kozeliski (Yes) Commissioner F. Pawlowski (Yes) Commissioner J. Dooley (Yes) Commissioner M. Long (Yes) INFORMATION ITEMS ITEM FOUR: City Council Actions Taken ITEM FIVE: August & September 2018 Building Permit Activity Report Motion was made by Commissioner Pawlowski to adjourn the meeting. Seconded by Commissioner Kozeliski. Motion Carried. Commission Adjourned at 7:11 p.m. There was a discussion after the meeting adjourned between the Commissioners regarding the difficulty of making the decision to revoke the conditional use permit for Larry’s Automotive Repair Service. Planning and Zoning Commission Meeting October 10th, 2018 Page 11 of 12  PLANNING & ZONING COMMISSION KENT WILSON, CHAIRMAN ATTEST: CLYDE (C.B.) STRAIN SECRETARY TO PLANNING & ZONING COMMISSION Planning and Zoning Commission Meeting October 10th, 2018 Page 12 of 12 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D Request by Patricia L. Olson, property owner, for a Conditional Use Permit to allow for a short-term rental as an accessory use to the Single Family Residential- A Zoning District (SFR-A). The property is located at 606 E. Green Avenue; more particularly described as Lot 8, W ½ of Lot 9, Block 7, Cottage Heights Addition. AERIAL IMAGERY I-40  Request by Patricia L. Olson, property owner, for a Conditional Use Permit to allow for a short-term rental as an accessory use to the Single Family Residential- A Zoning District (SFR-A). The property is located at 606 E. Green Avenue; more particularly described as Lot 8, W ½ of Lot 9, Block 7, Cottage Heights Addition. SITE PHOTOS October 17, 2018 MEMORANDUIVI TO: GALLUP TASK FORCE fGTF) > C.B. Strain, Community Planner > Stan Henderson, Executive Director, Public Works Division > Mike DeCierq, WaterAA/aste Water Assistant Superintendent > Marita Joe, Electrical Engineer Tech II > Adrian Marrufo, Solid Waste Superintendent > Jake LaCroix, GFD, Fire inspector > Dianne Willato, CenturyLInk Engineer > Irma Bustamante, NM Gas Co. Distribution Superintendent > John Ortiz, Comcast Superintendent fSc FROM: /m/ Roman J. Herrera, Development Review Coordinator cc: Dennis Romero, GWWD Executive Director Eric Babcock, Acting Electric Director CASE#: 18-00700004 PROJECT NAME: Conditional Use Permit - Short Term Rental PROPERTY OWNER: Patricia L. Oison PROJECT LOCATION: 606 East Green Avenue DESCRIPTION: Conditional Use Permit; Short Term Rental: The property owner is requesting a conditional use permit (CUP) to allow a temporary lodger in her home at the project location. The owners request will be presented to the Planning & Zoning Commission for consideration, any conditions for approval should be included in Staff recommendation to the Commission. ELECTRONIC COMMENTS ARE DUE BY: 24 OCTOBER 2018 NO TASK FORCE MEETING HAS BEEN SCHEDULED COMMUNITY PLANNER COMMENTS: PI.) Short term rentals are permitted as an accessory conditional use to a single family dwelling. P2.) Short term rental use shall comply with all Use Specific Standards for Short Term Rentals as listed in Section 10-3-C-g-iii of the City of Gallup Land Development Standards. P3.) Ok to proceed to public hearing. CITY ENGINEER COMMENTS: Public Works/Engineering has no Comments/Issues with Subject CUP. WATER DEPARTMENT COMMENTS: No comments WASTEWATER DEPARTMENT COMMENTS; No comments ELECTRIC DEPARTMENT COMMENTS: No issues with CUP rental. FIRE DEPARTMENT COMMENTS: No Issues with the CUP. SOUD WASTE COMMENTS: No Issues with CUP rental. CENTURYUNK COMMENTS: No comments were submitted. NM GAS COMPANY COMMENTS: No comments were submitted. COMCAST COMMENTS: No comments were submitted. GTF Comments -Case# PROJ: Pzpdes Page 2 of 2  Request by Patricia L. Olson, property owner, for a Conditional Use Permit to allow for a short-term rental as an accessory use to the Single Family Residential- A Zoning District (SFR-A). The property is located at 606 E. Green Avenue; more particularly described as Lot 8, W ½ of Lot 9, Block 7, Cottage Heights Addition. AREA MAP Request by Patricia L. Olson, property owner, for a Conditional Use Permit to allow for a short- term rental as an accessory use to the Single Family Residential- A Zoning District (SFR-A). The property is located at 606 E. Green Avenue; more particularly described as Lot 8, W ½ of Lot 9, Block 7, Cottage Heights Addition. PROPERTY MAP 15 14 13 12 11 10 16 9 17 18 19 8 7 6 20 1 5 2 4 21 24 23 22 3 Request by Patricia L. Olson, property owner, for a Conditional Use Permit to allow for a short-term rental as an accessory use to the Single Family Residential- A Zoning District (SFR-A). The property is located at 606 E. Green Avenue; more particularly described as Lot 8, W ½ of Lot 9, Block 7, Cottage Heights Addition. ADDRESS LIST 1. PATRICIA LYNN OLSON R207998 606 E. GREEN AVE. GALLUP, NM 87301 6. CHARLES D. & LINDA S. BYRD, LOT 8, W ½ OF LOT 9, BLOCK REV. TRUST 7, COTTAGE HEIGHTS ADDN. P.O. BOX 1010 R003913 GALLUP, NM 87305-1010 N. 92’ OF LOTS 1 THRU 3, 2. JAMES B. CAMMON & BLOCK 7, COTTAGE HEIGHTS EMILY ELLISON ADDN. 605 E. LOGAN AVE. R010006 GALLUP, NM 87301 LOTS 20 THRU 23, BLOCK 7, 7. JEREMIAS A. BOUCHER COTTAGE HEIGHTS ADDN. 602 E. GREEN AVE. R207844 GALLUP, NM 87301 LOTS 4 & 5, BLOCK 7, 3. CECILIA D. SANDOVAL & COTTAGE HEIGHTS ADDN. JOSEPH G. ESPARZA & R024791 ANNETTE ESPARZA-HILL, CO-TRUSTEES 8. DAVID B. TIBBS 609 S. GRANDVIEW DR. 604 E. GREEN AVE. GALLUP, NM 87301 GALLUP, NM 87301 S ½ OF LOTS 17, 18 & 19, LOTS 6 & 7, BLOCK 7, BLOCK 7, COTTAGE HEIGHTS COTTAGE HEIGHTS ADDN. ADDN. R020257 R032662 9. SHIRLEY A. BAKER & LISA 4. KATHERINE BORBON CAVIGGIA, CO-TRUSTEES 607 S. GRANDVIEW AVE. 601 E. GREEN AVE. GALLUP, NM 87301 GALLUP, NM 87301 N ½ OF LOTS 17 THRU 19, LOTS 17 & 18, BLOCK 8, BLOCK 7 COTTAGE HEIGHTS COTTAGE HEIGHTS ADDN. ADDN. R001708 R026506 10. EMILY H. & JOSEPH W. NIETO 5. DEENISE J. BECENTI 603 E. GREEN AVE. 1916 MOUNTAIN VIEW DR. GALLUP, NM 87301 GALLUP, NM 87301 LOTS 19 & 20, BLOCK 8, S. 50’ OF LOTS 1 THRU 3, COTTAGE HEIGHTS ADDN. BLOCK 7, COTTAGE HEIGHTS R021474 ADDN. 11. JAMES RICHARD MALONE R019488 P.O. BOX 2545 GALLUP, NM 87305-2545 17. RYAN DASHNER LOT 21A, REPLAT NO. 2 OF 608 E. GREEN AVE. LOT 22A, BLOCK 8, COTTAGE GALLUP, NM 87301 HEIGHTS ADDN. E ½ OF LOT 9, LOT 10, BLOCK R630128 7, COTTAGE HEIGHTS ADDN. R212773 12. CHRISTOPHER B. & SARAH P. MORTENSEN 18. SUSAN R. WARREN & MARK S. P.O. BOX 2229 ELLIOTT GALLUP, NM 87305-2229 2418 E. HWY 66 PMB 549 LOT 23A, REPLAT NO. 2 OF GALLUP, NM 87301 LOT 22A, BLOCK 8, COTTAGE LOTS 11 & 12, BLOCK 7, HEIGHTS ADDN. COTTAGE HEIGHTS ADDN. R301312 R131407 13. WILLIAM C. & MARGARET M. 19. BODENHAUSEN HOUSE, LLC MANDRIL 600 S. COUNTRY CLUB DR. 1009 SUSAN AVE. GALLUP, NM 87301 GALLUP, NM 87301 LOT 13, N. 71’ OF LOTS 14 LOTS 25 & 26, BLOCK 8, THRU 16, BLOCK 7, COTTAGE COTTAGE HEIGHTS ADDN. HEIGHTS ADDN. R204293 R205511 14. ROBERT R. & KOLENE L. 20. JANIE L. HALL REYNOLDS 604 S. COUNTRY CLUB DR. 611 E. GREEN AVE. GALLUP, NM 87301 GALLUP, NM 87301 S. 71’ OF LOTS 14 THRU 16, LOTS 27 & 28, BLOCK 8, BLOCK 7, COTTAGE HEIGHTS COTTAGE HEIGHTS ADDN. ADDN. R206799 R014052 15. CARL S. GRANFORS, 21. HAROLD S. & AMY C. REV. TRUST HALLIDAY 613 E. GREEN AVE. 610 COUNTRY CLUB DR. GALLUP, NM 87301 GALLUP, NM 87301 LOTS 29 & 30, BLOCK 8, LOTS 30, 31, & 32, BLOCK 7, COTTAGE HEIGHTS ADDN. COTTAGE HEIGHTS ADDN. R035920 R024996 16. JOHN E. & LILIANA A. 22. HALLEY WHEELESS RATMEYER, TRUSTEES 700 HOLLY AVE. 508 S. COUNTRY CLUB DR. WORLAND, WY 82401-3940 GALLUP, NM 87301 LOTS 28 & 29, BLOCK 7, LOTS 31 & 32, BLOCK 8, COTTAGE HEIGHTS ADDN. COTTAGE HEIGHTS ADDN. R000426 23. NEWSOM RENTALS, LLC P.O. BOX 2413 GALLUP, NM 87305-2413 LOTS 26 & 27, BLOCK 7, COTTAGE HEIGHTS ADDN. R207958 24. ROBERTO E. SANDOVAL P.O. BOX 2481 GALLUP, NM 87305-2481 LOTS 24 & 25, BLOCK 7, COTTAGE HEIGHTS ADDN. R005932  Summary of City Council Actions October 2018 October 23rd, 2018: Case # 18-01000002: Request by Mike Tiley, on behalf of D.E. & Doris Jenkins Revocable Trust and Haven Tiley, property owners, for the City of Gallup to vacate a portion of a twelve foot (12’) public utility easement (P.U.E.) along the southern property boundary line of the lot in order to bring the existing structures into compliance. The property is located at 411 Bortot Drive; more particularly described as Lot 6, Block 4, Bortot Subdivision. City Council approved the vacation request- Ordinance No. S2018-3 Resolution R2018-30; Amending the City of Gallup Official Zoning Map to correspond with the new City of Gallup Land Development Standards adopted by City Council on August 28, 2018. City Council approved- Resolution No. R2018-30  CITY OF GALLUP PLANNING & DEVELOPMENT 110W. AZTEC AVENUE GALLUP, NM 87301 505.863.1240 MONTHLY COMPILATION OF PERMITS ISSUED CITYORCOUNTY: MAILINGADDRESS: GALLUP, McKINLEY COUTNY, NM P.O. BOX 1270 GALLUP, NM 87305 MONTH OF: OCTOBER YEAR TO DATE: 2018 NUMBER OF NUMBER OF VALUATION VALUATION DESCRIPTION PERMITS PERMITS - NEW SINGLE FAMILY DWELLINGS 0 $ - 4 $ 657,500.00 RESIDENTIAL ADDITIONS / ALTERATIONS 3 $ 17,000.00 26 $ 409,450.00 RESIDENTIAL STORAGE SHED 0 $ - 3 $ 27,400.00 RESIDENTIAL GARAGES & CARPORTS 0 $ - 3 $ 23,059.00 RESIDENTIAL SITE PERMITS 0 $ - 0 $ - NEW COMMERCIAL BUILDINGS 0 $ - 5 $ 977,059.00 COMMERCIALADDITIONS/ALTERATIONS 2 $ 25,675.00 28 $ 2,820,610.00 COMMERCIALSTORAGESHED 1 $ 5,500.00 1 $ 5,500.00 COMMERCIAL GARAGES & CARPORTS 0 $ - 0 $ - COMMERCIAL SITE PERMITS 0 $ - 0 $ - NEW CHURCHES 0 $ - 0 $ - CHURCH ADDITIONS / ALTERATIONS 1 $ 20,000.00 2 $ 60,000.00 RE-STUCCO/SIDING/DECKS 2 $ 8,500.00 12 $ 53,000.00 NEWASPHALT/ASPHALTOVERLAY/SEALCOAT 0 $ - 11 $ 142,211.00 EXCAVATION / GRADING 0 $ - 1 $ 350,000.00 NEW APARTMENTS 0 $ - 0 $_______________ APARTMENTADDITIONS/ALTERATIONS 0 $ - 0 $ - HOTELS / MOTELS 0 $ - 0 $ - ROOF REPAIR 12 $ 106,341.00 115 $ 932,672.00 DEMOLITION 0 $ - 14 $ 115,700.00 FENCE / RETAINING WALL 0 $ - 24 $ 90,661.00 FOUNDATION ONLY CHARGE - 1 $ 118,020.00 4 $ 241,696.00 FOUNDATION ONLY NO CHARGE - 0 $ - 0 $ - SWIMMING POOLS 0 $ - 0 $ - DECK 0 $ - 0 $ - TOTAL PERMITS & VALUATION 22 $ 301,036.00 253 $ 6,906,518.00 TOTAL PERMIT FEES $ 3,950.50 $ 73,188.39  CITY OF GALLUP PLANNING & DEVELOPMENT MONTHLY COMPILATION OF PERMITS ISSUED OCTOBER 2018 DATE PERMIT PERMIT PERMIT OWNER/BUSINES CONTRACTOR SITEADDRESS VALUATION ISSUED NO. TYPE FEES RES. MINOR 10/1/18 18-261 IRENE FERRARI HOMEOWNER 1606S. GRANOVIEW DR. $ 93.30 $ 3,000.00 ALTERATION 10/2/18 18-263 MICHAEL ESCAMILLA HOMEOWNER 710 COUNTRY CLUB OR. STUCCO $ 87.00 $ 5,000.00 10/2/18 18-267 ORLEANS MANOR BOLIN ENTERPRISES 900 BOARDMAN DR. FOUNDATION $ 1,260.50 $ 118,020.00 DIAl RESIDENTIAL RESIDENTIAL 10/3/18 18-268 FRED VINSON CONSTRUCTION 506W. WILSON AVE. $ 132.00 $ 10,000.00 RE-ROOF RESIDENTIAL 10/3/18 18-272 T.C.B. FAMILY TRUST FUHS CONSTRUCTION 3701 CINIZA DR. RE-ROOF $ 96.00 $ 5,100.00 COMMERCIAL 10/4/18 18-270 ISIDRO CHAVEZ GALLUP FENCE CO. 407 N. 3RD ST. $ 88.00 $ 4,000.00 RE-ROOF RESIDENTIAL 10/5/18 18-277 CLAUDIA S. KIGER DOMINGUEZ CONSTRUCTION 608-B N. STRONG DR. $ 78.00 $ 3,S95.00 RE-ROOF RESIDENTIAL 10/5/18 18-278 TOMMY GONZALES JR. DOMINGUEZ CONSTRUCTION 804 E. AZTECAVE. RE-ROOF $ 87.00 $ 4,596.00 DIAZ RESIDENTIAL RESIDENTIAL 10/8/18 18-276 DONNA SILVA CONSTRUCTION 1709 CALLE PINON $ 105.00 $ 6,850.00 RE-ROOF RESIDENTIAL 10/10/18 18-265 DOUGLAS FELLEY GALLUP ROOFING, INC. 812 E. HILLAVE. $ 132.00 $ 9,350.00 RE-ROOF RESIDENTIAL 10/10/18 18-266 ADAM BERRY GALLUP ROOFING, INC. 3710 CINIZA DR. $ 132.00 $ 9,150.00 RE-ROOF JERRY ORR & RES. MINOR 10/10/18 18-281 JIMMY GONZALES TERAN BUILDERS, LLC 501 CACTUS RD. ALTERATION $ 105.00 $ 6,500.00 COMMERCIAL 10/11/18 18-271 SUPER SERVICES, INC. OWNER 2772 E. HIGHWAY 66 STORAGE SHED $ 166.75 $ 5,500.00 COMMERCIAL 10/16/18 18-55 MICHAEL TILEY H.T. ENTERPRISES 411 BORTOT DR. $ 220.30 $ 10,675.00 ADDITION RESIDENTIAL 10/17/18 18-285 LIAM MURPHY CAMBIUM CARPENTRY, LLC 1607 HELENA DR. $ 186.00 $ 15,500.00 RE-ROOF CHURCH 10/2S/18 18-291 ST. JOHN VIANNEY MAClAS BUILDERS 3408 ZIA DR. $ - $ 20,000.00 ALTERATION RESIDENTIAL 10/26/18 18-290 CALEB KAUFMAN TERAN BUILDERS, LLC 1308 RED ROCK DR. $ 52.00 $ 1,600.00 RE-ROOF ADRIANNATRUJILLO RESIDENTIAL 10/26/lB $ $ - 18-296 HOMEOWNER 1702 HELEN DR. 267.00 25,000.00 NICHOLSON RE-ROOF RESIDENTIAL 10/29/lB 18-293 BREANA KESNER HOMEOWNER 1715 PLACIDA DR. ALTERATION $ 158.55 $ 7,500.00 10/30/18 18-297 MARC & TINA LUJAN lOG BUILDERS, LLC 947 HENRIETTA OR., APTA STUCCO $ 78.00 $ 3,500.00 COMMERCIAL 10/30/18 18-298 SEA WALKER, LLC LIONS CONSTRUCTION 1121 Us HIGHWAY 491 $ 276.10 $ 15,000.00 ALTERATION DIAZ RESIDENTIAL RESIDENTIAL 10/31/18 18-299 JAMES MCALARY CONSTRUCTION 1606 RED ROCK DR. $ 150.00 $ 11,600.00 RE-ROOF TOTALS: $ 3,9S0.S0 $ ni fl2 fin 3 RESIDENTIAL ADDITIONS / ALTERATIONS 2 COMMERCIAL ADDITIONS! ALTERATIONS 1 COMMERCIAL STORAGE SHED 1 CHURCH ADDITIONS / ALTERATIONS 2 RE-STUCCO / SIDING! DECKS 12 ROOF REPAIR 1 FOUNDATION ONLY - CHARGE 22 TOTAL PERMITS P.O. BOX 1270 GALLUP, NM 87305 PHONE: 505863.1240 FAX: 505722.5131