Planning and Zoning

Planning and Development Clyde “C.B.” Strain, Director PLANNING AND ZONING COMMISSION AGENDA Wednesday, November 11th, 2020, 6:00 p.m. PUBLIC NOTICE: In accordance with the public health order issued by the New Mexico Department of Health, the meeting will be physically closed to the public; however, it will be accessible to the public via the following technology service: Facebook Live Stream through the City of Gallup’s Facebook page: https://www.facebook.com/CityOfGallup Members of the public may call in with questions and/or comments before or during the meeting at (505) 863-1240. Please leave your name and a return phone number. *** Call to Order / Roll Call *** Approval of October 14th, 2020 Meeting Minutes PUBLIC HEARINGS ITEM ONE: CASE # 20-00800002: Request by Butler Brothers, LLC, property owner for a Variance granting relief from a code requirement pertaining to required surfacing material in parking areas for a new self-storage facility. The property is located at 226 Dee Ann Avenue; more particularly described as 2.64 acres M/L in SW ¼ of 27 15 18, Annexed-Rolling Hills #9. ITEM TWO: CASE # 20-00600005: Request by McKinley County New Mexico, property owner for the Rezoning of 15 acres M/L FROM Industrial (I) Zone District TO General Commercial (GC) Zone District. The property is located at 2105 and 2109 Hasler Valley Road; more particularly described as Tract 14, Gallup Northeast Annex-Phase 1, Block 3, being in the NE ¼ of Section 14 T15N R18W containing 15.0 acres M/L. INFORMATION ITEMS ITEM THREE: City Council Actions Taken ITEM FOUR: October 2020 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 14th, 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 F. Pawlowski Commissioner M. Long Commissioner L. Miller Commissioner J. Cresto Commissioner K. Spolar Upon roll call, the following were absent: Commissioner K. Mackenzie-Chavez 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 F. Pawlowski (No) Commissioner M. Long (Yes to Item One and Two) Commissioner L. Miller (No) Commissioner J. Cresto (No) Commissioner K. Spolar (No) Chairman Wilson stated that Commissioner Long had a conflict of interest and would be recused from Item One and Two. Presented to the Chairman and Commissioners for their approval were the minutes of the August 12th, 2020 regular meeting. Commissioner Cresto motioned for approval of the minutes as presented. Seconded by Commissioner Long. Motion Carried. Upon roll call, the following votes were: Commissioner J. Cresto (Yes) Commissioner M. Long (Yes) Commissioner F. Pawlowski (Not available; lost connection) Chairman K. Wilson (Yes) Commissioner L. Miller (Yes) Commissioner K. Spolar (Yes) Planning and Zoning Commission Meeting October 14th, 2020 Page 1 of 9 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 William Verburg, Public Works, Project Construction Manager Dennis Romero, Water/Wastewater Director Marita Joe, Senior Electrical Engineer Jon Pairett, Fire Inspector Patrick Mason, property owner of Aequitas Education (Item One and Two) David Giron Chacon, applicant for Gallup Plastic Recycling (Item Three) 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. Commissioner Long recused himself from the Commission for Item One. ITEM ONE: CASE # 20-00300007: Request by Aequitas Education, the City of Gallup, and Joshua Generation for Jesus, property owners for Final Plat approval of a Minor Subdivision; Replat No. 1 of Bernard T. Espelage Addition Within Section 21, T15N, R18W, N.M.P.M. & Lots 1-5, and A Portion of Lot 6, Block G, First Unit of Burke-George Heights & Lot 6, Block F, Replat of Blocks F, H & J in the First Unit of Burke-George Heights Addition & City Tank Site Described as A Tract Known as the Southwestern Hill Reservoir Site Being Situated in the SE ¼ of the NE ¼ of Section 21, T15N R18W, Containing 0.64 Acres M/L & Sports Complex Described As 56.691 Acres M/L in Sec. 21 T15N R18W, N. of Bypass Hwy & A Tract of Land Within 21 15 18 Lying Within the Bernard T. Espelage Containing 4.027 Acres M/L. Also requesting for the City of Gallup to dedicate and vacate several existing and non-existing City right-of-ways and renaming an existing City right- of-way. The properties are located at 405, 425, 515 & 925 Park Avenue and 1380 Elva Drive; subdivision contains 92.6448 acres M/L which includes the dedicated, vacated, and renamed right-of- way portions. This item will go before City Council for final approval on October 27, 2020. CB Strain began by explaining how the subdivision was pretty complicated whereas there were several elements and factors involved. He would try his best to review the plat as clear and concise as possible, however if the Commission had any questions they could stop him during his presentation. CB gave some background information on how the properties were annexed into the City of Gallup in 1954 and some years after that the land was split in different ways by deed. There was never any formal replats for the properties. He continued by explaining how the properties had changed hands overtime whereas now they are trying to clean the lot lines up and get right-of-ways dedicated to Planning and Zoning Commission Meeting October 14th, 2020 Page 2 of 9 where they are supposed to be. CB used the screen to display the plat (Page 1-8). He referenced how the northern right-of-way line of Park Avenue went straight across when initially dedicated, however that was not the actual alignment. Same with Elva Drive, the right-of-way is not dedicated where the road actually sits. CB explained how Elva Drive was initially platted straight going south. To fix this they will rededicate Elva Drive where the existing road actually sits. There’s also a portion of Elva Drive that will be renamed to Elva Place whereas they don’t want to vacate this portion because it will landlock lots to the south and there’s also existing gas lines in that right-of-way. Again, on the corner of Park Avenue and Elva Drive where the street was initially dedicated, is not aligned with the actual existing street. So they will have to vacate some of the corners and dedicate a new alignment where it actually sits. CB stated that was where the dedications and vacations came into play for the replat. CB used the screen to display the GIS Map to show the property’s location. He pointed to the lots that belonged to the City of Gallup, Aequitas Education, and Joshua Generation for Jesus. CB pointed to the square parcel northeast of the Sports Complex that was created by default when all the other surrounding properties were deeded. This City parcel is now being combined with the Sports Complex property, which will eliminate the landlocked lot. CB again referenced how the northern right-of-way line of Park Avenue was initially platted straight, however that’s not how it sat today. They are rededicating the right-of-way where the line actually is and the small strips of land in between are being brought into the right-of-way. CB turned on his water/wastewater layer of the GIS Map to display how the school has access to water and sewer service. He emphasized how the school had been there for several years. However, there is no water or sewer service within the Elva Drive right-of-way, which is required by code. CB explained that because the school already had service to their building, the code allowed those extensions to be deferred until something triggered it such as, future development. By Subdivision Agreement they are going to defer the extension of utilities. The other deferrals are for the sidewalk, curb, and gutter. CB pointed to the areas where there was no sidewalk, curb, and gutter along Park Avenue. Because of the terrain and the possibility of a future City project through there, they are going to defer those requirements for curb, gutter, and sidewalk. Same thing along Elva Drive, the driveway and sidewalks are non-compliant with the current standards of the City of Gallup Land Development Standards. CB stated that the school was an existing development and they were going to leave it alone until future development occurs. CB reiterated how they are making several deferrals on the subdivision because it was an existing development and they are cleaning up a big mess bringing it into compliance with the current regulation. CB used the screen to display the plat and explained how it went from eleven (11) lots to five (5) lots. The City tank site lot is being decreased since a right-of-way is being dedicated through there. He mentioned how there was also a new lot being created by Aequitas Education called Lot 6A. CB stated that the subdivision was very complicated; however he believed that they achieved their goal. CB recommended approval of the subdivision being that it met all the subdivision requirements and stated that they were able to defer the requirements for sidewalks and utilities since the code allowed for it. Planning and Zoning Commission Meeting October 14th, 2020 Page 3 of 9 Chairman Wilson asked the Commissioners if they had any questions. Chairman Wilson asked CB who owned Lots 6A and 6B. CB stated that Lot 6A belonged to Aequitas Education and 6B belonged to Joshua Generation for Jesus. CB explained how Joshua Generation’s only involvement with the replat was for Lot 6B because Elva Drive was being dedicated within a portion of their property. Their lot is being reconfigured slightly to coincide with the existing street where their acreage is decreasing. CB stated that Joshua Generation for Jesus was unable to attend, but they did sign the subdivision application and agreed with the replat. Chairman Wilson asked if there was anyone wishing to speak in favor of this case. Patrick Mason introduced himself as the president of Aequitas Education. Mr. Mason stated that he was in favor of the replat and thought that it would benefit all the parties involved. He agreed with CB that the area was a mess, which they are now cleaning up with this replat. Mr. Mason explained how they are about to begin a four-million-dollar improvement project at the location for a school. This is their first step to move forward on the project. Mr. Mason stated that the entire area will be benefited by the project and thinks it will improve the entire neighborhood as the continued upgrades progress. Chairman Wilson asked the Commissioners if they had any questions for Mr. Mason. 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 asked if there were any other parties wishing to speak to this case. There were none. Chairman Wilson stated that the hearing was closed. Motion to approve or deny the request for Case Number 2020-00300007. Commissioner Cresto motioned for approval of Item One. Seconded by Commissioner Spolar. Motion Carried. Upon roll call, the following votes were: Commissioner J. Cresto (Yes) Commissioner K. Spolar (Yes) Chairman K. Wilson (Yes) Commissioner F. Pawlowski (Yes) Commissioner L. Miller (Yes) CB reminded the Commission that this item would go before the City Council on October 27, 2020 for final approval for the vacated portions of the right-of-way. He explained how the Planning and Zoning Commission approved the subdivision whereas the City Council would be approving the vacation of the right-of-way. Planning and Zoning Commission Meeting October 14th, 2020 Page 4 of 9 Commissioner Long recused himself from the Commission for Item Two. ITEM TWO: CASE # 20-00600004: Request by Aequitas Education, the City of Gallup, and Joshua Generation for Jesus, property owners for the Rezoning of 31.7025 acres M/L FROM Single- Family Residential (SFR-B) Zone District TO General Commercial (GC) Zone District; 54 acres M/L FROM Rural Holding Zone (RHZ) Zone District TO General Commercial (GC) Zone District; 0.0338 acres M/L FROM Single-Family Residential (SFR-B) Zone District TO Heavy Commercial (HC) Zone District. The properties are located at 405, 425, 515 & 925 Park Avenue, 1380 Elva Drive, and three vacant lots on Elva Drive. CB began by using the screen to display the GIS Map showing the property’s location and zoning designation. He explained how the zoning needed to be brought into compliance with the subdivision the Commission just approved. Two (2) City properties are currently zoned Single-Family Residential (SFR-B), and one property (1) is zoned Rural Holding Zone (RHZ), which will both be rezoned to General Commercial (GC). CB explained how they are basically carrying the zoning designation from the north and west over to this area, which will now bring the City properties into compliance. Aequitas Education’s property is currently zoned Single-Family Residential (SFR-B). CB explained how the updated City of Gallup Land Development Standards changed the regulations for schools in the residential zone districts. Schools are only allowed a maximum of 20,000 square feet in floor area. CB stated that the school way exceeded that with the existing development. To bring the school property into compliance with the current zoning standards for maximum floor area, they need to rezone the property to the General Commercial Zone District. CB stated that they would be carrying the zoning designation from the west all the way over. The Joshua Generation for Jesus properties located on the corner of Park Avenue and Elva Drive are currently zoned Single-Family Residential (SFR-B). CB explained that if they leave those lots as is it would create a spot zone, which is why they are rezoning those properties to General Commercial. Joshua Generation for Jesus also has a triangular lot north of their church currently zoned Single-Family Residential (SFR-B). Again, if they leave this lot as is, it will create a spot zone, which is why it is being rezoned to Heavy Commercial to be consistent with the church property directly to the south. CB stated that the rezones had to done to bring all the lots into compliance with the current standard. The rezone will also allow Aequitas Education to operate without a non-conforming status tied to it and eliminate a spot zoning issue for the Joshua Generation for Jesus properties. FINDINGS OF CONCLUSION: CB informed the Commission that the request met the criteria for a rezone and recommended approval of Resolution Number RP2020-10. Chairman Wilson asked the Commissioners if they had any questions. Chairman Wilson asked CB if the other school properties located in the City of Gallup were also zoned commercial. CB stated that he was unaware what all the other school properties were zoned as. CB emphasized how the square footage limitation was only for private schools whereas the City does not regulate public schools. Chairman Wilson stated that the City initiated the zone change whereas CB Strain, Planning and Planning and Zoning Commission Meeting October 14th, 2020 Page 5 of 9 Development Director presented the item on behalf of the City whereas they are the party speaking in favor of the case. Chairman Wilson asked the Commissioners if they had any questions for the City of Gallup. 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 asked if there were any other parties wishing to speak in favor of this case. Patrick Mason stated that he wanted to speak in favor of the zone change. Mr. Mason stated that the site has been used as a school for over seventy years and continues to be used as a school for Hozho Academy, which was a public school and not a private school. He felt that it was in the best interest that their use conforms to the standards of the City of Gallup whereas they are in favor of rezoning. Chairman Wilson asked the Commissioners if they had any questions for Mr. Mason. There were none. Madam Secretary informed Chairman Wilson that a representative for Joshua Generation for Jesus had just joined the meeting, Dennis Gallegos. Chairman Wilson administered the oath required by State Law for public forum for Dennis Gallegos. Dennis Gallegos wanted to speak to this case because after discussing the replat with CB Strain and Nikki Lee he realized that it did involve Joshua Generation’s properties. Mr. Gallegos stated that now he sees what is going on with Mr. Mason and the school he understands more. He stated that while growing up in the City, the school has been a historical site for quite some time. Mr. Gallegos agreed with the replat and the rezone to the commercial zone district. He thinks that great things will continue to happen, to help the Gallup community. Chairman Wilson asked the Commissioners if they had any questions for Mr. Gallegos. There were none. Chairman Wilson stated that the hearing was closed. Motion to approve or deny the request for Case Number 2020-00600004. Commissioner Spolar motioned for approval of Item Two. Seconded by Commissioner Miller. Motion Carried. Upon roll call, the following votes were: Commissioner K. Spolar (Yes) Commissioner L. Miller (Yes) Chairman K. Wilson (Yes) Commissioner F. Pawlowski (Yes) Commissioner J. Cresto (Yes) Planning and Zoning Commission Meeting October 14th, 2020 Page 6 of 9 Commissioner Long rejoined the Commission being that he only had a conflict of interest for Item One and Two. ITEM THREE: CASE # 20-00700002: Request by David Giron Chacon, Gallup Plastic Recycling on behalf of United Development Limited Partnership, property owner, for a Conditional Use Permit to allow the operation of a recycling facility in the Heavy Commercial (HC) Zone District. The property is located at 920 East Highway 66; more particularly described as Lots 1 thru 8, Block 1, Ford Hwy 66 Addition. CB began by using the screen to display the GIS Map to show the property’s location. CB stated that the applicant wished to operate a recycling facility at the said location. He explained how Table 10-3- 1 of the City of Gallup Land Development Standards listed recycling centers as a conditional use within the Heavy Commercial (HC) Zone District, which was why the case was coming before the Commission. CB read aloud the use specific standards that the applicant must adhere, which are as follows: a. Outdoor storage of any and all recyclable materials shall be prohibited. CB stated that they are not allowed to store anything outside the facility. b. Use shall comply with all New Mexico Environmental Department Solid Waste Division requirements for recycling facilities. c. Storage of materials shall remain six feet (6’) or less in height. Due to the products involved if they are stored higher than six feet (6’) it will place the facility into high-piled combustibles which would require a fire alarm system or fire sprinkler system to be installed. CB stated that they need to keep it below six feet (6’). d. Maintain means of egress pathways clear of storage items. e. Install two portable fire extinguishers with a minimum rating of 4A in the warehouse area. For the lobby and garage areas install two portable fire extinguishers with a minimum rating of 2A. f. Install “EXIT” signs and emergency lighting units throughout the facility in compliance with the 2015 International Fire Code. g. Facility may require other requirements to be met in accordance with the 2015 International Fire Code when a full fire inspection is completed on the facility. CB explained that if there were other requirements that came up per the Fire Code, they would have to be adhered to at that time. h. All New Mexico Environmental Department, Solid Waste Division approvals shall be in place prior to issuing a City Business Registration. CB stated that he did receive an email from the State Environmental Department, Solid Waste Division indicating that Mr. Chacon’s application was approved, which means that this condition has been completed. CB explained how this facility basically served as a transferring point where they would take the product in, clean it up, package it, and ship it out. He reminded the Commission that the applicant was present for the virtual meeting this evening, so if they had any technical questions, he was available to answer. FINDINGS OF CONCLUSION: CB informed the Commission that the applicant met all the requirements and as long as they complied with all the conditions set forth in Resolution No. RP2020-9 they were permitted. The findings of staff for the proposed request met the Planning and Zoning Commission Meeting October 14th, 2020 Page 7 of 9 Acceptable Grounds for Requesting and Granting a Conditional Use Permit. CB recommended approval of the conditional use permit; Resolution No. RP2020-9. Chairman Wilson asked the Commissioners if they had any questions. There were none. Chairman Wilson asked if there was anyone wishing to speak in favor of this case. David Giron Chacon introduced himself on behalf of Gallup Plastic Recycling. Mr. Chacon stated that he was trying to open a recycling business in Gallup. He explained how he would be receiving all the plastic from the City of Gallup, sorting them out, making bails, and shipping to facilities where they recycle it. Mr. Chacon stated that all the requirements have been completed and if the Commission had any questions, he was able to answer. Chairman Wilson asked the Commissioners if they had any questions for Mr. Chacon. Commissioner Long had a question regarding the condition that stated, “Outdoor storage of any and all recyclable materials shall be prohibited.” Commissioner Long asked Mr. Chacon if everything could be adequately stored inside the facility with enough space. Mr. Chacon responded yes; everything would be stored inside the warehouse. Commissioner Long thanked Mr. Chacon for answering and just wanted to make sure he had adequate space. 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 asked if there were any other parties wishing to speak to this case. Jon Pairett, Fire Inspector stated that Mr. Chacon has been amazing to work with. The Fire Department has done several walk throughs of that building. Mr. Pairett stated that they just did an inspection earlier this afternoon. The biggest issue the Fire Department had was the amount of storage, which could contribute to a potential high fire hazard. Mr. Pairett stated that when they went in today Mr. Chacon had all their storage under six feet (6’) and agreed to maintain that. All the other Fire Department requirements have been met and they approve the conditional use permit for the recycling facility. Chairman Wilson asked the Commissioners if they had any questions. There were none. Chairman Wilson stated that the hearing was closed. Motion to approve or deny the request for Case Number 2020-00700002. Commissioner Long motioned for approval of Item Three. Seconded by Commissioner Spolar. Motion Carried. Upon roll call, the following votes were: Commissioner M. Long (Yes) Commissioner K. Spolar (Yes) Planning and Zoning Commission Meeting October 14th, 2020 Page 8 of 9  Commissioner F. Pawlowski (Yes) Commissioner L. Miller (Yes) Commissioner J. Cresto (Yes) INFORMATION ITEMS ITEM FOUR: City Council Actions Taken ITEM FIVE: August & September 2020 Building Permit Activity Report OPEN FLOOR: 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. There were none. Motion was made by Commissioner Long to adjourn the meeting. Seconded by Commissioner Miller. Motion Carried. Upon roll call, the following votes were: Commissioner M. Long (Yes) Commissioner L. Miller (Yes) Commissioner F. Pawlowski (Yes) Commissioner J. Cresto (Yes) Commissioner K. Spolar (Yes) Commission Adjourned at 6:48 p.m. PLANNING & ZONING COMMISSION KENT WILSON, CHAIRMAN ATTEST: CLYDE (C.B.) STRAIN SECRETARY TO PLANNING & ZONING COMMISSION Planning and Zoning Commission Meeting October 14th, 2020 Page 9 of 9  1-1 / 505-870-5295 / 505-280-9278 Email addresses: barry@butlersofficecity.com neal@butlersofficecity.com DEE ANN AVE. ANNEXED-ROLLING HILLS #9 1-2 1-3  1-4 Request by Butler Brothers, LLC, property owner for a Variance granting relief from a code requirement pertaining to required surfacing material in parking areas for a new self-storage facility. The property is located at 226 Dee Ann Avenue; more particularly described as 2.64 acres M/L in SW ¼ of 27 15 18, Annexed-Rolling Hills #9. AERIAL IMAGERY  1-5 Request by Butler Brothers, LLC, property owner for a Variance granting relief from a code requirement pertaining to required surfacing material in parking areas for a new self-storage facility. The property is located at 226 Dee Ann Avenue; more particularly described as 2.64 acres M/L in SW ¼ of 27 15 18, Annexed-Rolling Hills #9. SITE PHOTOS  1-6 October 19, 2020 MEMORANDUM TO: GALLUP TASK FORCE {GTF}  C.B. Strain, Planning & Development Director  William Verburg, Public Works Department  Sathya Geetha, Water/Wastewater Engineer  Marita Joe, Senior Electrical Engineer  Jon Pairett, GFD, Fire Inspector  Adrian Marrufo, Solid Waste Director  Laurence Joe, CenturyLink Engineer II  Irma Bustamante, NM Gas Co. Operations Supervisor  John Ortiz & Matthew Baca, Comcast Technical Operations Manager / Construction Specialist  Jayson Grover, NMDOT Acting District 6 Traffic Engineer FROM: /s/ Nikki Lee Nikki Lee, Planning Specialist cc: Dennis Romero, Water & Wastewater Executive Director John Wheeler, Electric Director CASE #: VAR2020-00800002 PROJECT NAME: Variance requesting the use of alternative surfacing material for parking areas not permitted by the City of Gallup Land Development Standards. PROPERTY OWNER: Butler Brothers, LLC (Barry & Neal Butler) PROJECT LOCATION: 226 Dee Ann Avenue / 2.64 Acres M/L in SW ¼ of 27 15 18 Annexed- Rolling Hills #9 DESCRIPTION: The property owner is requesting a Variance to use alternative surfacing material for parking areas not permitted by the City of Gallup Land Development Standards. On August 28, 2020 the property owner applied for a building permit (BP2020-180) to construct a new self-storage facility at the above mentioned property. When the Building Inspector reviewed the permit he noticed that the proposed plans wanted to use asphalt milling material for the parking areas. However, the code does not allow off-street parking to be paved with asphalt milling material; only asphalt or concrete. On September 9, 2020 the property owners were informed of this and the City requested a revision be submitted to meet code requirements. Thereafter the property owner requested a variance to use asphalt millings instead of the asphalt or concrete required by code. The Variance will be presented to the Planning and Zoning Commission as soon as possible, any conditions for approval should be included in staff’s recommendation to the Commission. ELECTRONIC COMMENTS ARE DUE BY: MONDAY, OCTOBER 26, 2020 NO Task Force Meeting has been scheduled COMMUNITY PLANNER COMMENTS: P1.) Variance is being requested in order to grant relief from a code requirement in order to substitute a cheaper, substandard surface material for a parking area on a new commercial project.  1-7 P2.) Variance request does not meet the minimum “Criteria for Variance” per Section 10-5-B-ii2 of Section 10-5-B-d-ii “Variance Procedures” of the City of Gallup Land Development Standards. There is no hardship peculiar to the land which prevents the applicant from complying with the requirement. Financial hardship is not an acceptable hardship for legally approving a variance request. P3.) The minimum variance criteria that is required to be met in order to consider a variance request has not been met therefore staff cannot legally support or recommend approval of said variance request. CITY ENGINEER COMMENTS: No comment at this time. WATER DEPARTMENT COMMENTS: All water utilities are in street. No comments. WASTEWATER DEPARTMENT COMMENTS: All sewer utilities are in street. No comments. ELECTRIC DEPARTMENT COMMENTS: There is still an existing 20’ wide easement. Customer has been invoiced and payment pending. When the invoice is paid, City electric department will generate a removal work order to remove poles and Wire. When that is complete the developer can vacate the easement. FIRE DEPARTMENT COMMENTS: Any driving surface that is considered part of the fire access road shall be designed to support the imposed loads of fire apparatus. Road surface shall also allow for all-weather driving conditions. Provide documentation that this surface can support fire apparatus up to 80,000 lbs. Fire Department has no issue with variance as long as above requirements are met for areas considered fire access roads. SOLID WASTE COMMENTS: No issues with variance. Depending on type of refuse service, if any, requested, Refuse Enclosure will require concrete per minimum C of G specs. CENTURYLINK COMMENTS: No conflicts or comments from CenturyLink. NM GAS COMPANY COMMENTS: No comments. GTF Comments –Case# PROJ: Pzpdes Page 2 of 3  1-8 COMCAST COMMENTS: Comcast does not have any comments. NM DEPT. OF TRANSPORTATION COMMENTS: Development does not directly access NM State Highway Right of Way, and also does not appear to pose any indirect impacts to nearby highway. NMDOT does not have comments or concerns with what is proposed. GTF Comments –Case# PROJ: Pzpdes Page 3 of 3  1-9 Request by Butler Brothers, LLC, property owner for a Variance granting relief from a code requirement pertaining to required surfacing material in parking areas for a new self-storage facility. The property is located at 226 Dee Ann Avenue; more particularly described as 2.64 acres M/L in SW ¼ of 27 15 18, Annexed-Rolling Hills #9. AREA MAP  1-10 Request by Butler Brothers, LLC, property owner for a Variance granting relief from a code requirement pertaining to required surfacing material in parking areas for a new self-storage facility. The property is located at 226 Dee Ann Avenue; more particularly described as 2.64 acres M/L in SW ¼ of 27 15 18, Annexed-Rolling Hills #9. PROPERTY MAP R214326 4 R068985 R142956 3 R200417 2 5 R208203 R207838 R188409 6 7 1  1-11 Letters sent 10/23/2020 Request by Butler Brothers, LLC, property owner for a Variance granting relief from a code requirement pertaining to required surfacing material in parking areas for a new self-storage facility. The property is located at 226 Dee Ann Avenue; more particularly described as 2.64 acres M/L in SW ¼ of 27 15 18, Annexed-Rolling Hills #9. ADDRESS LIST 1. BUTLER BROTHERS LLC 6. JIMMY V. & JUDY CHRISTIAN 1900 EAST HWY 66 SUITE C P.O. BOX 4806 GALLUP, NM 87301 GALLUP, NM 87305-4806 2.64 ACS M/L IN SW ¼ OF 27 15 1 ACRE M/L IN SW ¼ OF SEC. 18, ANNEXED-ROLLING HILLS 27 T15N R18W ROLLING HILLS #9 ADDN. #9 R207838 R208203 2. SKYWEST SHOP PROPERTY, 7. GALLUP LAND PARTNERS, LLC LLC 103 CLARK ST. 9911 SOUTH 78TH AVE. GALLUP, NM 87301 HICKORY HILLS, IL 60457 1.906 ACS M/L IN S ½ OF SEC. A TRACT OF LAND IN THE SW 27 T15N R18W ¼ OF SEC. 27 T15N R18W, E. R142956 OF HWY 32, INCLUDING 5 ACRES FOR HOMESITE 3. 1.93 ACRES M/L THE SW ¼ 27 LEASE, CONT. TOTAL OF 53.46 15 18, A/K/A ROLLING HILLS ACRES M/L UNIT 8 R188409 R068985 4. DENNIS D. & CATHERINE N. FUHS C/O RICHARD D. & LINDA R. MURPHY, TRUSTEES 808 BOARDMAN DR. GALLUP, NM 87301 A TRACT OF LAND IN THE SW ¼ OF SEC. 27 T15N R18W, CONT. 5.08 ACS M/L R214326 5. TOM & COLLEEN MORTENSEN 312 PINE AVE. GALLUP, NM 87301 1.3 ACRES M/L IN SW ¼ OF 27 15 18, ROLLING HILLS ADDN. #9 R200417  2-1 Email address: anthony.dimas@co.mckinley.nm.us 2-2 2-3  2-4 Request by McKinley County New Mexico, property owner for the Rezoning of 15 acres M/L FROM Industrial (I) Zone District TO General Commercial (GC) Zone District. The property is located at 2105 and 2109 Hasler Valley Road; more particularly described as Tract 14, Gallup Northeast Annex-Phase 1, Block 3, being in the NE ¼ of Section 14 T15N R18W containing 15.0 acres M/L. AERIAL IMAGERY  2-5 Request by McKinley County New Mexico, property owner for the Rezoning of 15 acres M/L FROM Industrial (I) Zone District TO General Commercial (GC) Zone District. The property is located at 2105 and 2109 Hasler Valley Road; more particularly described as Tract 14, Gallup Northeast Annex-Phase 1, Block 3, being in the NE ¼ of Section 14 T15N R18W containing 15.0 acres M/L. SITE PHOTOS  2-6 October 23, 2020 MEMORANDUM TO: GALLUP TASK FORCE {GTF}  C.B. Strain, Planning & Development Director  William Verburg, Public Works Department  Sathya Geetha, Water/Wastewater Engineer  Marita Joe, Senior Electrical Engineer  Jon Pairett, GFD, Fire Inspector  Adrian Marrufo, Solid Waste Director  Laurence Joe, CenturyLink Engineer II  Irma Bustamante, NM Gas Co. Operations Supervisor  John Ortiz & Matthew Baca, Comcast Technical Operations Manager / Construction Specialist  Jayson Grover, NMDOT Acting District 6 Traffic Engineer FROM: /s/ Nikki Lee Nikki Lee, Planning Specialist cc: Dennis Romero, Water & Wastewater Executive Director John Wheeler, Electric Director CASE #: REZ2020-00600005 PROJECT NAME: Rezone from Industrial (I) to General Commercial (GC) Zone District PROPERTY OWNER: McKinley County New Mexico PROJECT LOCATION: 2105 & 2109 Hasler Valley Road / Tract 14 Gallup Northeast Annex, Phase 1, Block 3, Being in the NE ¼ of Sec. 14 T15N R18W, Containing 15 Acres M/L DESCRIPTION: RE-ZONE The property owner is requesting that the above mentioned tract be rezoned from Industrial (I) to General Commercial (GC) Zone District to allow a recovery home facility on the property. The th rezone request will be heard by the Planning & Zoning Commission at their November 11 , 2020 meeting, any conditions for approval should be included in staff’s recommendation to the Commission. ELECTRONIC COMMENTS ARE DUE BY: THURSDAY, OCTOBER 29, 2020 NO Task Force Meeting has been scheduled COMMUNITY PLANNER COMMENTS: P1.) Requested rezone from Industrial (I) Zone District to General Commercial (GC) Zone District is needed in order to allow a Recovery Home use to be located within an existing structure formally utilized as a Juvenile Detention Center. P2.) The request meets the Zoning Map Amendment Criteria per Section 10-5-B- d-i2 as follows:  2-7  The social, economic or environmental interests of the public good would be better served by the proposed district than the existing one. P3.) Ok to proceed to public hearing. CITY ENGINEER COMMENTS: No comment at this time. WATER DEPARTMENT COMMENTS: No issues, no changes required for City Water system. WASTEWATER DEPARTMENT COMMENTS: No issues, no changes required for City Sewer system. ELECTRIC DEPARTMENT COMMENTS: No issues with rezone. FIRE DEPARTMENT COMMENTS: Fire Department has no issues with rezone. Future fire code requirements will be dependent on construction. SOLID WASTE COMMENTS: No issues with rezone. CENTURYLINK COMMENTS: CenturyLink has no conflicts or comments on this rezone. NM GAS COMPANY COMMENTS: NMGC has no comments. COMCAST COMMENTS: No cable plant in this area. No comments for Comcast. NM DEPT. OF TRANSPORTATION COMMENTS: Hasler Valley Road is not an NMDOT roadway. NMDOT has no jurisdiction and therefore no comments on the proposed change. GTF Comments –Case# PROJ: Pzpdes Page 2 of 2  2-8 Request by McKinley County New Mexico, property owner for the Rezoning of 15 acres M/L FROM Industrial (I) Zone District TO General Commercial (GC) Zone District. The property is located at 2105 and 2109 Hasler Valley Road; more particularly described as Tract 14, Gallup Northeast Annex-Phase 1, Block 3, being in the NE ¼ of Section 14 T15N R18W containing 15.0 acres M/L. AREA MAP  2-9 Request by McKinley County New Mexico, property owner for the Rezoning of 15 acres M/L FROM Industrial (I) Zone District TO General Commercial (GC) Zone District. The property is located at 2105 and 2109 Hasler Valley Road; more particularly described as Tract 14, Gallup Northeast Annex-Phase 1, Block 3, being in the NE ¼ of Section 14 T15N R18W containing 15.0 acres M/L. PROPERTY MAP C700132 R214347 R300123 9 1 2 R300514 R301471 8 R300948 R215637 4 R214844 5 3 7 R300982 6  2-10 Letters sent 10/23/2020 Request by McKinley County New Mexico, property owner for the Rezoning of 15 acres M/L FROM Industrial (I) Zone District TO General Commercial (GC) Zone District. The property is located at 2105 and 2109 Hasler Valley Road; more particularly described as Tract 14, Gallup Northeast Annex-Phase 1, Block 3, being in the NE ¼ of Section 14 T15N R18W containing 15.0 acres M/L. ADDRESS LIST 1. MCKINLEY COUNTY NEW PLAT, GALLUP NORTHEAST MEXICO ANNEX-PHASE 1 P.O. BOX 70 R301471 GALLUP, NM 87305-0070 TRACT 14, GALLUP 6. LOT 2, VETERAN’S CEMETERY NORTHEAST ANNEX-PHASE 1, SUB., REPLAT OF A PORTION BLOCK 3, BEING IN THE NE ¼ OF TRACTS 21 & 23 OF SEC. 14 T15N R18W, CONT. CORRECTED PLAT, GALLUP 15.0 ACS M/L NORTHEAST ANNEX-PHASE 1 R214347 R300982 2. DRD MANAGEMENT 5. AZTEC RENTALS, LLC 2411 E. AZTEC AVE. P.O. BOX 1741 GALLUP, NM 87301 GALLUP, NM 87305-1741 TRACT 15, GALLUP TRACT 21, BLOCK 4, GALLUP NORTHEAST ANNEX-PHASE 1, NORTHEAST ANNEX-PHASE 1, BLOCK 3, BEING IN THE NE ¼ CONT. 7.18 ACS M/L OF SEC. 14 T15N R18W, CONT. R215637 6.6 ACS M/L R300123 7. GEORGE ATHENS & JOHN ROPER 3. GALLUP LAND PARTNERS, P.O. BOX 1741 LLC GALLUP, NM 87305-1741 9911 SOUTH 78TH AVE. TRACT 20, GALLUP HICKORY HILLS, IL 60457 NORTHEAST ANNEX-PHASE 1, TRACT 22, GALLUP BLOCK 2, IN THE NE ¼ OF NORTHEAST ANNEX-PHASE 1, SEC. 14 T15N R18W, CONT. 5.3 BLOCK 4, BEING IN SEC. 14 ACS M/L T15N R18W, CONT. 10 ACS M/L R214844 R300948 8. FANDGEE, LLC 4. CITY OF GALLUP 1708 SOUTH SECOND ST. P.O. BOX 1270 GALLUP, NM 87301 GALLUP, NM 87305-1270 TRACT 3, GALLUP NATIONAL CEMETERY DRIVE, NORTHEAST ANNEX-PHASE 1, VETERAN’S CEMETERY SUB., BLOCK 1, BEING IN THE N ½ REPLAT OF A PORTION OF OF SEC. 14 T15N R18W CONT. TRACTS 21 & 23 CORRECTED 13.3 ACS M/L R300514  2-11 9. MICHELE’S READY MIX, ROCK, & RECYCLE INC. 501 PATTON DR. GALLUP, NM 87301 TRACT 2, GALLUP NORTHEAST ANNEX-PHASE 1, BLOCK 1, BEING IN THE SEC. 14 T15N R18W, TRACT 1, CONT. 47.11 ACS M/L C700132  3-1 Summary of City Council Actions October 2020 October 27th, 2020: Case # 20-00300007: Request by Aequitas Education, the City of Gallup, and Joshua Generation for Jesus, property owners for Final Plat approval of a Minor Subdivision; Replat No. 1 of Bernard T. Espelage Addition Within Section 21, T15N, R18W, N.M.P.M. & Lots 1-5, and A Portion of Lot 6, Block G, First Unit of Burke-George Heights & Lot 6, Block F, Replat of Blocks F, H & J in the First Unit of Burke-George Heights Addition & City Tank Site Described as A Tract Known as the Southwestern Hill Reservoir Site Being Situated in the SE ¼ of the NE ¼ of Section 21, T15N R18W, Containing 0.64 Acres M/L & Sports Complex Described As 56.691 Acres M/L in Sec. 21 T15N R18W, N. of Bypass Hwy & A Tract of Land Within 21 15 18 Lying Within the Bernard T. Espelage Containing 4.027 Acres M/L. Also requesting for the City of Gallup to dedicate and vacate several existing and non-existing City right-of-ways and renaming an existing City right-of-way. The properties are located at 405, 425, 515 & 925 Park Avenue and 1380 Elva Drive; subdivision contains 92.6448 acres M/L which includes the dedicated, vacated, and renamed right-of-way portions. City Council approved the right-of-way vacation- by plat  4-1 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: 2020 NUMBER OF NUMBER OF VALUATION VALUATION DESCRIPTION PERMITS PERMITS NEW SINGLE FAMILY DWELLINGS 1 $ 140,000.00 5 $ 1,191,000.00 RESIDENTIAL ADDITIONS / ALTERATIONS 4 $ 10,500.00 27 $ 498,354.00 RESIDENTIAL STORAGE SHED 0 $ - 4 $ 31,200.00 RESIDENTIAL GARAGES & CARPORTS 0 $ - 3 $ 13,195.00 RESIDENTIAL SITE PERMITS 0 $ - 1 $ 1,200.00 NEW COMMERCIAL BUILDINGS 0 $ - 0 $ - COMMERCIAL ADDITIONS / ALTERATIONS 3 $ 38,500.00 25 $ 5,663,161.00 COMMERCIAL STORAGE SHED 0 $ - 0 $ - COMMERCIAL GARAGES & CARPORTS 0 $ - 0 $ - COMMERCIAL SITE PERMITS 0 $ - 0 $ - NEW CHURCHES 0 $ - 0 $ - CHURCH ADDITIONS / ALTERATIONS 0 $ - 2 $ 110,000.00 RE-STUCCO / SIDING / DECKS 1 $ 3,000.00 5 $ 17,700.00 NEW ASPHALT / ASPHALT OVERLAY / SEALCOAT 0 $ - 2 $ 102,000.00 EXCAVATION / GRADING 0 $ - 0 $ - NEW APARTMENTS 1 $ 750,000.00 1 $ 750,000.00 APARTMENT ADDITIONS / ALTERATIONS 0 $ - 1 $ 10,000.00 HOTELS / MOTELS 0 $ - 0 $ - ROOF REPAIR 14 $ 108,005.00 91 $ 961,344.00 DEMOLITION 0 $ - 6 $ 33,600.00 FENCE / RETAINING WALL 5 $ 14,289.00 33 $ 84,135.00 FOUNDATION ONLY - CHARGE 0 $ - 3 $ 53,805.00 FOUNDATION ONLY - NO CHARGE 0 $ - 0 $ - SWIMMING POOLS 0 $ - 0 $ - DECK 0 $ - 0 $ - TOTAL PERMITS & VALUATION 29 $ 1,064,294.00 209 $ 9,520,694.00 TOTAL PERMIT FEES $ 8,715.59 $ 70,642.71  4-2 CITY OF GALLUP PLANNING & DEVELOPMENT MONTHLY COMPILATION OF PERMITS ISSUED OCTOBER 2020 DATE PERMIT PERMIT PERMIT OWNER / BUSINES CONTRACTOR SITE ADDRESS VALUATION ISSUED NO. TYPE FEES 10/01/2020 20 - 212 PETER LITTLEHAT, JR. HOMEOWNER 406 JULIE DRIVE FENCE PERMIT $ 15.00 $ 269.00 RESIDENTIAL 10/06/2020 20 - 156 RACHEL KAUB HOMEOWNER 606 S. FOURTH STREET $ 91.35 $ 3,500.00 ADDITION RESIDENTIAL 10/06/2020 20 - 214 JAMES S. JOHNSON GALLUP ROOFING, INC. 303 CINIZA DRIVE $ 117.00 $ 9,075.00 RE-ROOFING CARLOS D. & DOMINGUEZ RESIDENTIAL 10/07/2020 20 - 215 515 W. LOGAN AVENUE $ 81.00 $ 5,700.00 NATALIE SANCHEZ CONSTRUCTION, INC. RE-ROOFING ALLIANCE CONSTRUCTION RESIDENTIAL 10/07/2020 20 - 216 PETER LITTLEHAT, JR. 406 JULIE DRIVE $ 99.00 $ 7,790.00 SERVICES RE-ROOFING CHARLES PERRY COOK & 10/08/2020 20 - 218 GALLUP FENCE CO. 912 W. MALONEY AVENUE FENCE PERMIT $ 72.00 $ 4,850.00 TRUSTEES RESIDENTIAL 10/09/2020 20 - 210 RONNIE L. RAEL HOMEOWNER 1712 HELENA DRIVE $ 91.35 $ 4,000.00 ADDITION FRANCES B. & RESIDENTIAL 10/09/2020 20 - 217 HOMEOWNER 912 HENRIETTA DRIVE $ 25.00 $ 1,000.00 HERMILO ANDABLO ALTERATIONS 10/09/2020 20 - 220 DUSTY BUTT HOLDINGS, LLC OWNER 208 E. NIZHONI BOULEVARD FENCE PERMIT $ 63.00 $ 3,500.00 RESIDENTIAL 10/13/2020 20 - 219 THOMAS G. PIANO GALLUP ROOFING, INC. 200 BURKE DRIVE $ 90.00 $ 6,600.00 RE-ROOFING 10/14/2020 20 - 011 DRD MANAGEMENT, INC. DALLAGO CORPORATION 509 FORD DRIVE NEW APARTMENTS $ 4,881.63 $ 750,000.00 NEW SINGLE 10/14/2020 20 - 012 DRD MANAGEMENT, INC. DALLAGO CORPORATION 1601 S. CLIFF DRIVE $ 1,130.28 $ 140,000.00 FAMILY DWELLINGS RESIDENTIAL 10/14/2020 20 - 224 LAKE BEGAY HOMEOWNER 1722 ESCALANTE ROAD $ 65.25 $ 2,000.00 ALTERATIONS DOMINGUEZ RESIDENTIAL 10/14/2020 20 - 227 LEANNA & JETHRO TREE 3070 RED BLUFF COURT $ 90.00 $ 6,895.00 CONSTRUCTION, INC. RE-ROOFING RESIDENTIAL 10/14/2020 20 - 228 BISHOP TWIN BUTTES, LLC GALLUP ROOFING, INC. 200 TURQUOISE LANE $ 123.00 $ 8,500.00 RE-ROOFING RESIDENTIAL 10/14/2020 20 - 229 ROBIN S. LANGER GALLUP ROOFING, INC. 1403 S. CLIFF DRIVE $ 105.00 $ 6,750.00 RE-ROOFING ROBERT & MELE JOHNSTON, RESIDENTIAL 10/14/2020 20 - 230 GALLUP ROOFING, INC. 936 HENRIETTA DRIVE $ 123.00 $ 8,250.00 TRUSTEE RE-ROOFING RESIDENTIAL 10/14/2020 20 - 231 RED MESA ART CENTER GALLUP ROOFING, INC. 105 W. HILL AVENUE $ 204.00 $ 18,000.00 RE-ROOFING SARAH J.B. & DIAZ RESIDENTIAL RESIDENTIAL 10/14/2020 20 - 232 1813 MARIYANA AVENUE $ 162.00 $ 14,995.00 MATTHEW JONES CONSTRUCTION RE-ROOFING DOMINGUEZ RESIDENTIAL 10/16/2020 20 - 233 JOHN & BARBARA OVERHEIM 601 JULIE DRIVE $ 63.00 $ 3,795.00 CONSTRUCTION, INC. RE-ROOFING 10/19/2020 20 - 225 ELVINA D. EMERSON GALLUP FENCE CO. 2545 PARMELEE STREET FENCE PERMIT $ 81.00 $ 5,170.00 COMMERCIAL 10/19/2020 20 - 226 LEBECK PROPERTIES, LLC OWNER 1307 E. HISTORIC HIGHWAY 66 $ 181.35 $ 10,000.00 ALTERATIONS 10/19/2020 20 - 234 AYED AWWAD LBH INVESTMENTS, INC. AYED AWWAD STUCCO PERMIT $ 54.00 $ 3,000.00 COMMERCIAL 10/19/2020 20 - 235 KHALAF INVESTMENTS, INC. K & M BUILDERS, INC. 2522 E. HISTORIC HIGHWAY 66 $ 400.68 $ 26,000.00 ALTERATIONS COMMERCIAL 10/20/2020 20 - 213 GALLUP COFFEE COMPANY LBH INVESTMENTS, INC. 201 W. COAL AVENUE $ 83.70 $ 2,500.00 ALTERATIONS 10/23/2020 20 - 236 LANDREW MARTINE HOMEOWNER 910 S. PUERCO DRIVE FENCE PERMIT $ 30.00 $ 500.00 BRYAN E. & RESIDENTIAL 10/23/2020 20 - 239 WADE MACIAS BUILDERS 707 S. EIGHTH STREET $ 35.00 $ 1,500.00 DEANNA M. MCDONALD RE-ROOFING DOMINGUEZ RESIDENTIAL 10/28/2020 20 - 241 MARK GOLDSTEIN 206 VIRO CIRCLE $ 50.00 $ 1,495.00 CONSTRUCTION, INC. RE-ROOFING DIAZ RESIDENTIAL RESIDENTIAL 10/28/2020 20 - 242 YING HAO & MEI JIN SITU 2019 MOSSMAN AVENUE $ 108.00 $ 8,660.00 CONSTRUCTION RE-ROOFING TOTALS: $ 8,715.59 $ 1,064,294.00 1 NEW SINGLE FAMILY DWELLINGS 4 RESIDENTIAL ADDITIONS / ALTERATIONS 3 COMMERCIAL ADDITIONS / ALTERATIONS 1 RE-STUCCO / SIDING / DECKS 1 NEW APARTMENTS 14 ROOF REPAIR 5 FENCE / RETAINING WALL 29 TOTAL PERMITS P.O. BOX 1270 GALLUP, NM 87305 PHONE: 505.863.1240 FAX: 505.722.5131