Planning and Zoning

Planning and Development Clyde “C.B.” Strain, Director PLANNING AND ZONING COMMISSION AGENDA Wednesday, November 13th, 2019, 6:00 p.m. City Hall Council Chambers *** Call to Order / Roll Call *** Approval of October 9th, 2019 Meeting Minutes PUBLIC HEARINGS ITEM ONE: CASE # 19-00900001: City initiated request to amend Title 10 “Land Development Standards” of the Municipal Code of the City of Gallup Section 10-2-B-a “Residential”; Subsections 10-2-B-a-i-A2, 10-2-B-a-ii-A2, 10-2-B-a-iii-A1b and 10-2-B-a- iv-A2b. Amend the maximum number of accessory structures allowed within the Rural Residential, Single-Family Residential, Multi-Family Residential Low and Multi-Family Residential Medium Zone Districts from one (1) to three (3) accessory structures. This item will go before City Council for final approval on January 14, 2020. INFORMATION ITEMS ITEM TWO: City Council Actions Taken ITEM THREE: October 2019 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 9th, 2019 Minutes City Council Chambers The regular meeting of the Planning and Zoning Commission was called to order at 6:01 p.m. by Vice-Chairman Matthew Long. Upon roll call, the following were present: Vice-Chairman M. Long Commissioner F. Pawlowski Commissioner L. Miller Commissioner J. Cresto Upon roll call, the following were absent: Chairman K. Wilson Commissioner K. Mackenzie-Chavez Commissioner J. Dooley Chairman Long 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 M. Long (No) Commissioner F. Pawlowski (No) Commissioner L. Miller (No) Commissioner J. Cresto (No) Presented to the Chairman and Commissioners for their approval were the minutes of the August 14th, 2019 regular meeting. Commissioner Pawlowski motioned for approval of the minutes as presented. Seconded by Commissioner Cresto. Motion Carried. Upon roll call, the following votes were: Commissioner F. Pawlowski (Yes) Commissioner J. Cresto (Yes) Commissioner L. Miller (Yes) Chairman M. Long (Yes) Chairman Long administered the oath required by State Law for public forum. Chairman Long 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. ITEM ONE: CASE # 19-00700002: Request by Alray Nelson & Brennen Yonnie, property owners, for a Conditional Use Permit to allow for a short-term rental as an accessory use to the Planning and Zoning Commission Meeting October 9th, 2019 Page 1 of 12 Single Family Residential- C Zone District (SFR-C). The property is located at 1700 Monterey Drive; more particularly described as Lot 1, Block 1, Eastview Estates Subdivision. CB Strain began by explaining how the short-term rental use was recently added to the Use Table (Table 10-3-1) within the City of Gallup Land Development Standards (LDS). Short-term rental is listed as an accessory use within the Single Family Residential Zone District. CB informed the Commission that a copy of the Acceptable Grounds for Requesting and Granting a Conditional Use Permit was included in their agenda packets. CB spoke about how there were several existing short- term rentals prior to the code update whereas now all those rentals must apply for a conditional use permit to remain, which was why the item was being presented this evening. CB read aloud the use specific standards for short term rental establishments from Section 10-3-C-g-iii of the LDS as follows: 1. Owner shall pay all applicable local, state, and federal taxes including sales and lodging taxes. 2. The owner is responsible for ensuring the accessory short-term rental meets all applicable local, state, and federal regulations. 3. Parties renting the designated bedroom or unit shall have access to a private or shared full bathroom. 4. Guest stays may only occur within the dwelling unit that the owner or resident manager occupies. 5. Occupancy of the accessory short-term rental shall not exceed the occupancy allowed for single-family use as defined in the Municipal Code. 6. In single-family residential zone districts, all vehicles associated with the accessory short- term rental use shall be parked in designated parking areas, such as driveways and garages, or on-street parking, where permitted. No parking shall occur on lawns or sidewalks. CB pointed out how the conditions are already laid out in the code, however if the Commission chooses to add conditions they may do so. CB used the overhead projector to display the GIS Map to show the property’s location. He pointed out how Bambino Road and Monterey Drive were both narrow right-of-ways only being about twenty two feet (22’) or twenty three feet (23’) wide on the pavement. Because of that a condition was added to prohibit on-street parking for any vehicles associated with the short-term rental. CB read aloud the following condition that was added to Resolution No. RP2019-07: 7. Because of the narrow paved street portions of both Bambino Road and Monterey Drive and for vehicular and pedestrian safety concerns, on street parking shall be prohibited within the Bambino Road and Monterey Drive right-of-ways. FINDINGS OF CONCLUSION: CB reiterated to the Commission that a short-term rental was a permitted use within the Single Family Residential- C Zone District (SFR-C) as a conditional use. The property owners met all the requirements for the application and as long as they comply with all conditions set forth in Resolution No. RP2019-07 they’re permitted. The findings of staff for the proposed request met the Acceptable Grounds for Requesting and Granting a Conditional Use Permit. CB recommended approval of the conditional use permit; Resolution Number RP2019-07. Planning and Zoning Commission Meeting October 9th, 2019 Page 2 of 12 Commissioner Cresto asked CB for clarification on the parking requirements for a short-term rental. He noticed the language that said parking was whatever was required by a single family dwelling, which were only two (2) spaces. Commissioner Cresto noted that if the dwelling currently had a driveway that held two (2) vehicles then they already met the minimum parking requirements for both a single family dwelling and a short-term rental. He was concerned that additional parking wasn’t required being that the minimum was only two (2) spaces which he didn’t feel was sufficient to accommodate short-term rental guests. Commissioner Cresto asked CB what the width of the property’s driveway was because it looked like there were six (6) parking spaces there. CB stated that a standard driveway width of two (2) vehicles was about twenty feet (20’) or plus. The whole concept behind the onsite parking is that every single family dwelling is required to have onsite parking, which is generally two (2) parking spaces. CB spoke about how short-term rentals were something fairly new across the country and how other municipalities have to use zoning laws to regulate it. They use zoning so the character of a single family dwelling can’t be changed; for instance you can’t make modifications to be similar to a motel. A single family dwelling can’t be changed in a way that’s going to be contrary to what’s already existing or conflict with the adjacent properties or neighborhood. So with that the parking comes into place whereas they can already use what they have. CB pointed out how it was the property owner’s responsibility to ensure that their customers have adequate space for onsite parking. However, that same rule doesn’t apply to every residence in Gallup because on-street parking is allowed throughout the City whereas it just depends on the location. CB continued to explain that for this particular case it was a safety concern because of the narrow street pavement whereas there was barely enough room for two (2) cars to access. If you have vehicles parked along the street, passing vehicles will have a hard time maneuvering around those parked vehicles. CB stated that they needed to ensure that it wasn’t creating a hazard for the public, which was the whole point of a conditional use permit; to set conditions to prevent those things from happening. CB reiterated that the property owners weren’t required to add additional parking, however it was their responsibility and a part of their conditional use permit conditions that they provide adequate customer parking. CB wanted to inform the Commission of another condition listed on Resolution RP2019-07: 4. Approval of the conditional use permit shall become null and void and the conditional use permit may be revoked if any of the conditions of this resolution are violated at any time. (CB explained how this meant if the property owners don’t comply with any of the conditions it comes back to the Commission for revocation.) Commissioner Pawlowski stated how he was familiar with the property and knew there was a two (2) car garage on the bottom floor. He stated that if the owners had two (2) vehicles and if one was parked in the garage and the other parked right behind in the garage that would leave the rest of their driveway vacant; meaning that they met the requirements of the short-term rental. CB stated yes that was correct. CB explained that the only requirement was that they park the vehicles onsite, so theoretically if they had a two (2) car garage and both cars belonging to the homeowners were parked in the garage then their customers can park in the driveway. Chairman Long asked if there was anyone wishing to speak in favor of this case. Planning and Zoning Commission Meeting October 9th, 2019 Page 3 of 12 Alray Nelson, property owner approached the podium and introduced himself. Mr. Nelson stated that he was also present with the property co-owner and husband, Brennen Yonnie. He spoke about how they’ve lived at the property for almost three (3) years. In December 2016 they became new homeowners of the City of Gallup and for the past eight (8) years working for various local organizations. Mr. Nelson mentioned how they have a designated place for a recreation vehicle (RV) that the former homeowners would use to park their RV. He spoke about how they use that graveled area for their family to park. Mr. Nelson stated that he knew a main concern his neighbors had was about the strain of the road and how they’re located right at the intersection. He spoke about how he shared with his neighbors that they’ve been Air BNB hosts for the past four (4) years in the City of Gallup. At their previous property they did the same thing where they rented out rooms while living in the residence. Mr. Nelson spoke about how they were cognizant and careful on whom they brought into their neighborhood and have made that clear with their neighbors. He stated that he was really proud to be one of Air BNB’s few super hosts in New Mexico. They have to meet certain criteria to be at that level whereas their space does meet the minimum requirements. Mr. Nelson stated that one of the things they did was to install a good security system at their home, which also helps the surrounding neighborhood. He mentioned how he’s one of the directors for Teach for America and how most of their guests are young professionals such as, doctors, visiting nurses and pharmacists. They’re closely located near GMCS and Rehoboth Hospital, which makes their residence a prime location. Mr. Nelson asked the Commission to seriously consider and approve their request. He thanked the Commission for their time and was willing to answer any questions. Commissioner Pawlowski stated that he assumed the gravel lot for the RV was located on the south side of the home. Mr. Nelson stated yes; the RV space was on the south side. Commissioner Pawlowski asked Mr. Nelson for an estimate on how wide and long the gravel lot area was. Mr. Nelson stated that it could clearly fit three (3) vehicles if parked right behind each other. He mentioned how it was actually a circular gravel area where an RV used to be parked prior to them purchasing the property. Madam Secretary, Nikki Lee asked Chairman Long if he wanted to see the site photos taken last Wednesday to get a better idea of the area in question. Chairman Long responded yes. Ms. Lee used the overhead projector to display Page 1-7, however the photos weren’t very helpful in displaying the gravel area in question. Chairman Long asked Mr. Nelson about their Boundary Survey (Page 1-5) where it showed thirty five point five feet (35.5’) to the right-of-way line to depth. He was familiar on how tight that road was when vehicles come down the road; combination for one (1) to two (2) vehicles stacked. Mr. Nelson stated that the last time he had that many family members over was during Christmas last year where it fit three (3) vehicles comfortably, but usually they don’t have people parking there unless really need to. Chairman Long asked the Commissioners if they had any additional questions of Mr. Nelson. There were none. Chairman Long stated that there were two (2) opposition letters that the City of Gallup received. Chairman Long read aloud the objection letter from Lance and Kerri Allgood dated October 2, 2019 (Page 1-13). Chairman Long also read aloud the objection letter from Robert Gintowt date stamped Planning and Zoning Commission Meeting October 9th, 2019 Page 4 of 12 October 4, 2019 (Page 1-14). Chairman Long asked if there was anyone wishing to speak against this case. Lance Allgood approached the podium and introduced himself. He stated that he resides at 1801 Monterey Court and was representing himself and his wife, Kerri Allgood. Mr. Allgood stated that they certainly had no objection to the use in particular; a homeowner making use of his residence for commercial purposes was allowed by code. However, in this particular case they do believe that the location has insufficient parking as has been noted that the street can’t accommodate any on-street parking. Mr. Allgood stated that he understood there was a gravel area in the front yard, but he wasn’t sure if City code allowed parking in the front yard; you must park within designated parking spaces. He stated that the condition of the street and from the site photos taken by the Code Enforcement Officer the brush along the right-of-way is relatively high and certainly affects visibility of those entering and leaving the residence. It also affects the public traveling on the road whereas there are also several small children in the neighborhood. Mr. Allgood stated that at this particular location it will not accommodate the use and therefore respectfully requested the Commission deny the request. Chairman Long asked the Commissioners if they had any questions of Mr. Allgood. There were none. Chairman Long asked if there was anyone else wishing to speak against this case. Hector Corral approached the podium and introduced himself. He stated that he lived at 1711 Linda Drive and owned the lot just below there. He began by stating that in a time where there’s so much violence in America their safe sanctuary should be at their family home, which was why he lived in a very quiet, dead end cul-de-sac. He spoke about how he had eight (8) grandchildren who love to play in their backyard and how he has never been concerned for their safety. Mr. Corral stated that he’s never been concerned until he started seeing people park in their driveway and by the trees next to the street. There’s been as much as seven (7) or eight (8) cars belonging to people they don’t know. He spoke about a barking dog complaint he filed with the Humane Society after his multiple attempts to resolve the issue with the property owners. Mr. Corral stated that knowing how they handled the dog situation he knew they weren’t going to handle the Air BNB situation appropriately. This business has been operating for quite a while; the trash, the noise and the traffic is intolerable. Trying to be a good neighbor Mr. Corral kept his mouth shut, but this was way beyond that now. He suggested that if they wanted to have this type of business they needed to find a house in another location. Mr. Corral spoke about how different vehicles have parked on that vacant lot he owns where some of them have asked for permission to park on his property, but not anymore. Chairman Long asked the Commissioners if they had any questions of Mr. Corral. There were none. Chairman Long asked if there was anyone else wishing to speak against this case. David Rosales approached the podium and introduced himself. He stated that he lived caddy corner Planning and Zoning Commission Meeting October 9th, 2019 Page 5 of 12 from the property at 1675 Monterey Drive and also owned the lot straight across them to the east. Mr. Rosales thanked the individuals who submitted opposition letters and to those who spoke against the case whereas he agreed with everything they said. He stated that the street was narrow, the hill gave low visibility coming down the street and the little corner has become loud. Mr. Rosales stated that he was very opposed to the idea of allowing a short-term rental there. Chairman Long asked the Commissioners if they had any questions of Mr. Rosales. There were none. Chairman Long asked if there were any other interested parties wishing to speak. There were none. Chairman Long stated that the hearing was closed. Motion to approve or deny the request for Case Number 2019-00700002. Chairman Long asked if there was any further discussion needed to review the evidence and facts presented. Commissioner Pawlowski made a motion to go into a closed session to discuss the case. The motion died due to a lack of a second. Chairman Long stated that the hearing was reopened. David Rosales again approached the podium and stated that since he owned the property across the street what kept him from putting a duplex there; is that the same thing what they’re requesting? Or could he just rent out to others for a short-term rental if he met all the parking requirements? CB stated that the area was zoned single family residential and the only thing that could be there was a single family dwelling. CB went on to state that the definition of a short-term rental was a rental that was used within a single family dwelling. It’s the structure that they’re looking at; the structures not changing; it’s still a single family dwelling. CB stated to Mr. Rosales that to answer his question a duplex wouldn’t be permitted in that district, but if he wanted to build a house and rent as a short- term rental he could do so. Chairman Long informed the Commission that if they had any other questions or concerns now was the time to bring them up. Chairman Long asked CB what was the minimum number of required parking spaces for a single family residence and do they have to be parked in a designated parking area. CB stated that the minimum requirement was two (2) parking spaces per single family dwelling. They can‘t be parked on any of the landscaped areas; they have to parked in the designated parking areas. CB read aloud the following condition from Resolution No. RP2019-07: 6. In single family residential zone districts, all vehicles associated with the accessory short- term rental use shall be parked in designated parking areas, such as driveway and garages, or on-street parking, where permitted. No parking shall occur on lawns or sidewalks. CB continued by stating that in the City of Gallup Land Development Standards there was also a Planning and Zoning Commission Meeting October 9th, 2019 Page 6 of 12 provision in the parking section where it stated that you’re not allowed to park in the landscaped area of your house. It just depends if you have a circular driveway that goes in front of your house; you could park in front of your house because it’s your driveway. However, if its gravel and has landscaping then you can’t park on it. Chairman Long asked if the conditions on the conditional use permit were set forth in Resolution No. RP2019-07. CB stated yes. Commissioner Pawlowski asked CB if a single family home’s parking requirement was for at least two (2) parking spaces off-street. CB stated that was correct. Commissioner Pawlowski asked CB if this residence met that requirement. CB stated yes; they actually have four (4) parking spaces; two (2) in the garage and two (2) onsite. Hector Corral approached the podium again stating that it was obvious that the property owners do have a parking problem. Commissioner Pawlowski stated that the Commission understood the neighbor’s concerns; however they have to pay attention to the laws and regulations. If the property owners from this point forward fulfills the obligations as specified in the code it seems that the Commission’s hands are somewhat tied. Chairman Long stated that if there were no additional questions he would close the hearing. Chairman Long stated that the hearing was closed. Motion to approve or deny the request for Case Number 2019-00700002. Commissioner Pawlowski motioned for approval of Item One. Seconded by Commissioner Miller. Motion Carried. Upon roll call, the following votes were: Commissioner F. Pawlowski (Yes) Commissioner L. Miller (Yes) Commissioner J. Cresto (No) Chairman M. Long (Yes) Chairman Long informed the audience that there was a ten (10) day appeal period. If the appeal period passed with no opposition then the conditional use permit would become final. However, if anyone seen the conditions being violated then it would need to be reported to City staff for further action. ITEM TWO: CASE # 19-00600003: Request by Leo Fisher on behalf of Debra G. Fisher, property owner, for the Rezoning of approximately 1.489 acres FROM Rural Holding Zone (RHZ) TO Single Family Residential- B Zone District (SFR-B). The property is generally located North of 1010 Patton Drive; more particularly described as Tract C-3 Hidden Valley Subdivision Replat of Tracts C, D & H, 24 15 18, Containing 1.489 Acres M/L. Planning and Zoning Commission Meeting October 9th, 2019 Page 7 of 12 CB began by explaining how the rezone request was for a vacant lot with no address. Subsection 10- 5-B-d-i3a of the City of Gallup Land Development Standards states that amendments to the official zoning map which involved a particular area of land may be made by the Council on its own motion or upon request of the Planning and Zoning Commission, or the person(s) holding fifty one percent (51%) or more of the ownership of the area of land may request the Planning and Zoning Commission to amend the map upon a determination that there are sufficient grounds for the amendment. CB stated that in this case the property owner, Debra Fisher represented one hundred percent (100%) ownership of the property for the proposed rezone and as such was making a request for the zoning map amendment to the Planning and Zoning Commission. The purpose of the request is for the change in zoning designation from Rural Holding Zone (RHZ) to Single Family Residential- B Zone District (SFR-B) to allow for subdivision and residential development. CB spoke about how the property owner wants to subdivide the lot and develop it with a house. CB read aloud the Zoning Map Amendment Criteria that the property qualified under: 5. The social, economic or environmental interests of the general public good would be better served by the proposed zoning district than the existing one. CB used the overhead projector to display the GIS Map showing that the zoning designations directly north and south of the one (1) lot are Single Family Residential- B Zone District (SFR-B). FINDINGS OF CONCLUSION: CB stated that the findings of staff for the proposed request met the Acceptable Grounds for Amending the Official Zoning Map per Section 10-5-B-d-i2 of the City of Gallup Land Development Standards. CB recommended approval of the rezone; Resolution Number RP2019-08. Commissioner Pawlowski clarified that this was for the Hidden Valley Subdivision. CB stated yes that was correct. Chairman Long asked the Commissioners if they had any further questions. There were none. Chairman Long asked if there was anyone wishing to speak in favor of this case. Leo Fisher, agent approached the podium and introduced himself. Mr. Fisher spoke about how they’ve been having motorcycles and people traveling on foot through their vacant property. They would like to rezone the vacant lot so they can upgrade it because they have people interested in buying a portion of that lot. Mr. Fisher thinks it will make that whole area look nicer and keep people from trespassing, which has been an ongoing problem. Overall it will increase the whole look to that area. Mr. Fisher thanked the Commission for their time. Chairman Long asked the Commissioners if they had any questions of Mr. Fisher. There were none. Chairman Long asked if there was anyone wishing to speak against this case. There were none. Chairman Long asked if there were any other interested parties wishing to speak. There were none. Planning and Zoning Commission Meeting October 9th, 2019 Page 8 of 12 Chairman Long stated that the hearing was closed. Motion to approve or deny the request for Case Number 2019-00600003. Commissioner Miller motioned for approval of Item Two. Seconded by Commissioner Pawlowski. Motion Carried. Upon roll call, the following votes were: Commissioner L. Miller (Yes) Commissioner F. Pawlowski (Yes) Commissioner J. Cresto (Yes) Chairman M. Long (Yes) ITEM THREE: CASE # 19-00600004: Request by Brett A. Baker, Red Barn Growers on behalf of DAB, Inc., property owner, for the Rezoning of a parcel of land containing approximately 4.8116 acres FROM Rural Holding Zone (RHZ) TO Heavy Commercial Zone District (HC). The property is generally located North of 919 East Highway 66. CB began by using the overhead projector to display the GIS Map showing the zoning designation of the property and its surrounding area. CB explained how the applicant wanted to rezone the tract of land from the Rural Holding Zone (RHZ) to the Heavy Commercial Zone District (HC). There’s already a commercial structure on the tract whereas about ninety percent (90%) of the building is on the tract. CB mentioned how he can’t answer as to why it was never zoned to commercial, but with this action this evening they will be correcting that. CB explained how the request was by Brett Baker on behalf of David R. Lebeck, property owner. Mr. Baker is leasing the building from Mr. Lebeck and wants to use the property to the north to expand his business with some greenhouses. In order to develop or use that property it must be zoned appropriately. CB mentioned how the Commission’s action this evening will be taking care of two (2) issues; rezoning the tract to the appropriate zoning district which in turn will allow Mr. Baker to operate the business as desired. The rezone will help the property in the future in case they wish to subdivide the tract whereas the tract will already be zoned and can move forward with the subdivision process. CB informed the Commission that Mr. Lebeck owned one hundred percent (100%) of the property whereas he is the sole applicant which is required by law. CB read aloud the Zoning Map Amendment Criteria that the property qualified under: 5. The social, economic or environmental interests of the general public good would be better served by the proposed zoning district than the existing one. FINDINGS OF CONCLUSION: CB stated that the findings of staff for the proposed request met the Acceptable Grounds for Amending the Official Zoning Map per Section 10-5-B-d-i2 of the City of Gallup Land Development Standards. CB recommended approval of the rezone; Resolution Number RP2019-09 Commissioner Pawlowski wanted clarification on the tract being rezone and asked for the amount of acreage. CB stated that it was 4.8116 acres. Planning and Zoning Commission Meeting October 9th, 2019 Page 9 of 12 CB informed the Commission that Resolution No. RP2019-09 they had to describe the property using the metes and bounds because it was never subdivided or made a part of a subdivision. The property had a typical section, township and range description so in order to identify the tract properly they had to include the metes and bounds description, which is included in the resolution. Chairman Long asked if there was anyone wishing to speak in favor of this case. Brett Baker, agent approached the podium and introduced himself. Mr. Baker stated that he filed the rezone application on behalf of DAB, Inc. for David Lebeck. Mr. Lebeck was unable to attend the meeting and sent Mr. Baker with his apologies. Mr. Baker stated that their request to change the zoning from the Rural Holding Zone (RHZ) to Heavy Commercial Zone District (HC) was to further develop the property. He stated that based on the heavy commercial use and surrounding buildings the area can be turned into a location that will serve economic, social and public good. Commissioner Cresto asked Mr. Baker how much of the property they were planning on developing. Mr. Baker stated that he was currently located in the old Cream Land Farm building whereas they were looking to build four (4) hoop houses that are 30’x72’ (as shown on Page 3-8) just to the east of their existing building. Chairman Long asked the Commissioners if they had any further questions. There were none. Chairman Long asked if there was anyone wishing to speak against this case. There were none. Chairman Long asked if there were any other interested parties wishing to speak. There were none. Chairman Long stated that the hearing was closed. Motion to approve or deny the request for Case Number 2019-00600004. Commissioner Cresto motioned for approval of Item Three. Seconded by Commissioner Miller. Motion Carried. Upon roll call, the following votes were: Commissioner J. Cresto (Yes) Commissioner L. Miller (Yes) Commissioner F. Pawlowski (Yes) Chairman M. Long (Yes) INFORMATION ITEMS ITEM FOUR: City Council Actions Taken ITEM FIVE: August & September 2019 Building Permit Activity Report Planning and Zoning Commission Meeting October 9th, 2019 Page 10 of 12 OPEN FLOOR: Commissioner Pawlowski wanted to make a comment about how he understood the neighbor’s concerns regarding Item One; however he had to make his decision according to the code. Chairman Long added how the Commission could make suggestions on how to alter or improve the code being that it’s a living, breathing document. If the Commission wants to change the code they can take the initiative to make a recommendation to staff. Commissioner Cresto mentioned how it would be a good idea to require additional parking for the short-term rental use. CB added how adding that requirement would limit a majority of single family residences to operate a short-term rental because not everyone has a garage with extra space. There was a discussion between the Commissioners and staff about potentially revising the short- term rental conditions and comparing to other municipalities. CB spoke about how the LDS consultants did survey similar areas to Gallup and compared how they regulated the short-term rental. CB informed the Commission that out of the twenty (20) short-term rentals they notified of the new code requirements a majority of them stopped operating because they didn’t want to adhere to new requirements. Chairman Long mentioned how adding noise restrictions would be a good idea. CB emphasized the importance of listing the conditions of the conditional use permit because if they’re every violated the Commission has the authority to revoke whereas they don’t want it to have a negative impact on the community. 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 J. Cresto (Yes) Chairman M. Long (Yes) Commission Adjourned at 6:58 p.m. PLANNING & ZONING COMMISSION KENT WILSON, CHAIRMAN ATTEST: Planning and Zoning Commission Meeting October 9th, 2019 Page 11 of 12 CLYDE (C.B.) STRAIN SECRETARY TO PLANNING & ZONING COMMISSION Planning and Zoning Commission Meeting October 9th, 2019 Page 12 of 12 LEGAL #______________ CORRECTED LEGAL NOTICE PUBLIC NOTICE IS HEREBY GIVEN that the City of Gallup Planning and Zoning Commission will consider the following action at its regular meeting to be held on Wednesday, November 13th, 2019. Item One will go before the City Council for final approval at its regular meeting to be held on January 14th, 2020. This item had previously been advertised in a legal notice published November 1, 2019 for a different City Council hearing date which has since been changed. Both meetings will be held at 6:00 p.m. in the Council Chambers of City Hall located on the corner of South Second Street and West Aztec Avenue. ITEM ONE: CASE # 19-00900001: City initiated request to amend Title 10 “Land Development Standards” of the Municipal Code of the City of Gallup Section 10-2-B-a “Residential”; Subsections 10-2-B-a-i-A2, 10-2-B-a-ii-A2, 10-2-B-a-iii-A1b and 10-2-B-a- iv-A2b. Amend the maximum number of accessory structures allowed within the Rural Residential, Single-Family Residential, Multi-Family Residential Low and Multi-Family Residential Medium Zone Districts from one (1) to three (3) accessory structures. Auxiliary aides for the disabled are available upon request. Please contact C.B. Strain at (505) 863-1244, at least one (1) week prior to the meeting or as soon as possible in advance of the meeting to make any necessary arrangements. All interested parties are invited to attend. City of Gallup, McKinley County, New Mexico By: /S/ Alfred Abeita, City Clerk PUBLISH: 8 November 2019  Summary of City Council Actions October 2019 October 8th, 2019: Appeal of Revocation of Conditional Use Permit for Larry’s Auto Repair located at 203 Burke Drive. City Council modified the decision of the Planning & Zoning Department and the City Manager to Revoke a Conditional Use Permit- Resolution No. R2019-41  CITY OF GALLUP PLANNING & DEVELOPMENT 110 W. AZTEC AVENUE GALLUP, NM 87301 505.863.1240 MONTHLY COMPILATION OF PERMITS ISSUED CITY OR COUNTY: MAILING ADDRESS: GALLUP, McKINLEY COUNTY, NM P.O. BOX 1270 GALLUP, NM 87305 MONTH OF: OCTOBER YEAR TO DATE: 2019 NUMBER OF NUMBER OF VALUATION VALUATION DESCRIPTION PERMITS PERMITS NEW SINGLE FAMILY DWELLINGS 0 1 $ 265,000.00 RESIDENTIAL ADDITIONS / ALTERATIONS 4 $ 40,900.00 26 $ 367,846.00 RESIDENTIAL STORAGE SHED 1 $ 2,000.00 2 $ 8,500.00 RESIDENTIAL GARAGES & CARPORTS 1 $ 42,000.00 1 $ 42,000.00 RESIDENTIAL SITE PERMITS 0 $ - 0 $ - NEW COMMERCIAL BUILDINGS 0 $ - 2 $ 1,150,000.00 COMMERCIAL ADDITIONS / ALTERATIONS 2 $ 73,800.00 33 $ 5,531,833.00 COMMERCIAL STORAGE SHED 1 $ 7,000.00 1 $ 7,000.00 COMMERCIAL GARAGES & CARPORTS 0 $ - 0 $ - COMMERCIAL SITE PERMITS 0 $ - 0 $ - NEW CHURCHES 0 $ - 0 $ - CHURCH ADDITIONS / ALTERATIONS 0 $ - 1 $ 1,665,000.00 RE-STUCCO / SIDING / DECKS 1 $ 5,200.00 8 $ 41,300.00 NEW ASPHALT / ASPHALT OVERLAY / SEALCOAT 0 $ - 2 $ 30,000.00 EXCAVATION / GRADING 0 $ - 1 $ 148,989.00 NEW APARTMENTS 0 $ - 0 $ - APARTMENT ADDITIONS / ALTERATIONS 0 $ - 0 $ - HOTELS / MOTELS 0 $ - 0 $ - ROOF REPAIR 13 $ 182,950.00 93 $ 1,006,887.00 DEMOLITION 1 $ 4,500.00 9 $ 173,911.00 FENCE / RETAINING WALL 3 $ 5,800.00 23 $ 60,635.00 FOUNDATION ONLY - CHARGE 0 $ - 1 $ 47,029.00 FOUNDATION ONLY - NO CHARGE 0 $ - 0 $ - SWIMMING POOLS 0 $ - 0 $ - DECK 0 $ - 0 $ - TOTAL PERMITS & VALUATION 27 $ 364,150.00 204 $ 10,545,930.00 TOTAL PERMIT FEES $ 7,834.91 $ 89,877.38  CITY OF GALLUP PLANNING & DEVELOPMENT MONTHLY COMPILATION OF PERMITS ISSUED OCTOBER 2019 DATE PERMIT PERMIT PERMIT OWNER / BUSINES CONTRACTOR SITE ADDRESS VALUATION ISSUED NO. TYPE FEES COMMERCIAL 10/1/19 19 - 227 EAST AZTEC BAPTIST CHURCH GALLUP ROOFING, INC. 310 E. AZTEC AVENUE $ 126.00 $ 10,800.00 RE-ROOFING 10/3/19 19 - 222 CHARLES READO BUTLER BUILDING SYSTEMS 3410 CHEE DODGE BOULEVARD STUCCO PERMIT $ 81.00 $ 5,200.00 10/4/19 19 - 228 DONOVAN VESTAL CAMBIUM CARPENTRY, LLC 1000 S. PUERCO DRIVE FENCE PERMIT $ 36.25 $ 1,000.00 RESIDENTIAL 10/7/19 19 - 223 KERRY FUHS FUHS CONSTRUCTION 2110 MARIYANA AVENUE $ 540.63 $ 42,000.00 GARAGES & BETHANY CHRISTIAN CHISTIAN COMMERCIAL 10/8/19 19 - 229 LAM CORPORATION 1110 S. STRONG DRIVE $ 401.50 $ 47,300.00 REFORMED CHURCH RE-ROOFING COMMERCIAL 10/8/19 19 - 230 STEVEN SEEGAR TUFFSHED, INC. 821 FORD DRIVE $ 157.50 $ 7,000.00 STORAGE SHED COMMERCIAL 10/9/19 19 - 202 TAIRA & TAIRA MACIAS BUILDERS 911 W. AZTEC AVENUE $ 415.60 $ 25,000.00 ALTERATIONS RESIDENTIAL 10/10/19 19 - 240 ROBERT MARTINEZ HOMEOWNER 306 VEGA AVENUE $ 96.00 $ 6,000.00 RE-ROOFING RESIDENTIAL 10/11/19 19 - 235 JOE & JUDITH M. DAVIS ABT BUILDERS 400 CLARK STREET $ 35.00 $ 1,500.00 RE-ROOFING BONAGUIDI COMMERCIAL 10/14/19 19 - 241 CASTLE FURNITURE 1310 METRO AVENUE $ 234.00 $ 23,000.00 CONSTRUCTION, LLC RE-ROOFING BONAGUIDI 10/14/19 19 - 242 KRACKEN INDUSTRIES 205 BURKE DRIVE FENCE PERMIT $ 63.55 $ 1,800.00 CONSTRUCTION, LLC RESIDENTIAL RE- 10/16/19 19 - 231 JOHN OLEARY GALLUP ROOFING, INC. 1107 SUSAN CIRCLE $ 99.00 $ 7,150.00 ROOFING RESIDENTIAL 10/16/19 19 - 234 GEORGE ANAST HOMEOWNER 3200 BLUE HILL AVENUE $ 195.75 $ 2,000.00 STORAGE SHED RESIDENTIAL 10/16/19 19 - 236 YOLANDA QUAM GALLUP ROOFING, INC. 3065 ADOBE COURT $ 99.00 $ 7,150.00 RE-ROOFING RESIDENTIAL 10/16/19 19 - 237 DEPAULI RENTALS GALLUP ROOFING, INC. 410 W. MESA AVENUE $ 90.00 $ 6,900.00 RE-ROOFING RESIDENTIAL 10/16/19 19 - 238 JOHN PINO GALLUP ROOFING, INC. 1014 E. AZTEC AVENUE $ 90.00 $ 6,050.00 RE-ROOFING COMMERCIAL 10/16/19 19 - 239 MANUEL RODRIGUEZ GALLUP ROOFING, INC. 112 W. HILL AVENUE $ 19.00 $ 700.00 RE-ROOFING RESIDENTIAL 10/18/19 19 - 251 JOHN ALLEN ACTIVE ROOFING SOLUTIONS 505 NAVAJO DRIVE $ 72.00 $ 6,000.00 RE-ROOFING RESIDENTIAL 10/18/19 19 - 225 SUSAN ELIZANDO CHAMPION WINDOW COMPANY 3054 PUEBLO COURT $ 300.15 $ 20,000.00 ALTERATION 10/18/19 19 - 226 FLORES & JUDE ESTRADA 20X EXCAVATION, INC. 401 PUERCO DRIVE DEMOLITION $ 111.60 $ 4,500.00 RESIDENTIAL 10/23/19 19 - 252 EDRA & SUSAN FARISH HOMEOWNER 1333 COUNTRY CLUB DRIVE $ 69.00 $ 2,800.00 ALTERATION RESIDENTIAL 10/24/19 19 - 253 DOMINIC BIAVA, JR. CAMBIUM CARPENTRY, LLC 608 S. WOODROW DRIVE $ 208.80 $ 12,300.00 ALTERATION LONG HORN CONSTRUCTION & COMMERCIAL 10/28/19 19 - 185 LITTLE SISTERS OF THE POOR 1900 D. MARK AVENUE $ 3,393.73 $ 55,000.00 SERVICES, INC. RE-ROOFING DIAZ RESIDENTIAL RESIDENTIAL 10/29/19 19 - 254 JOSEPH FLETCHER 605 N. 6TH STREET $ 81.00 $ 5,400.00 CONSTRUCTION RE-ROOFING RESIDENTIAL 10/31/19 19 - 248 GEORGE GALANIS K & M BUILDERS, INC 617 E. HILL AVENUE $ 117.45 $ 5,800.00 ADDITION COMMERCIAL 10/31/19 19 - 255 HOWARD JOHNSONS K & M BUILDERS, INC 2915 W. HISTORIC HIGHWAY $ 632.40 $ 48,800.00 ALTERATIONS 10/31/19 19 - 263 ROBERT ESQUIBEL HOMEOWNER 1611 RED ROCK DRIVE FENCE PERMIT $ 69.00 $ 3,000.00 TOTALS: $ 7,834.91 $ 364,150.00 4 RESIDENTIAL ADDITIONS / ALTERATIONS 1 RESIDENTIAL STORAGE SHED 1 RESIDENTIAL GARAGES & CARPORTS 2 COMMERCIAL ADDITIONS / ALTERATIONS 1 COMMERCIAL STORAGE SHED 1 RE-STUCCO / SIDING / DECKS 13 ROOF REPAIR 1 DEMOLITION 3 FENCE / RETAINING WALL 27 TOTAL PERMITS P.O. BOX 1270 GALLUP, NM 87305 PHONE: 505.863.1240 FAX: 505.722.5131