Planning and Zoning

Planning and Development Clyde “C.B.” Strain, Director PLANNING AND ZONING COMMISSION AGENDA Wednesday, September 13th, 2023, 6:00 p.m. City Hall Council Chambers The meeting will be accessible through the City of Gallup’s Facebook Page: https://www.facebook.com/CityOfGallup Members of the public may attend in-person. Comments may be submitted in writing prior to the meeting or presented in-person. *** Call to Order / Roll Call *** Approval of August 9th, 2023 Special Meeting Minutes PUBLIC HEARINGS ITEM ONE: CASE # 23-01000001: Request by Daniel J. and Savanah A. Berg, property owners, for the City of Gallup to vacate a five foot (5’) wide public utility easement along the eastern property boundary line to allow the construction of a new fence. The property is located at 3204 Grey Hill Circle; more particularly described as Lot 30, Block 6, Mentmore East Unit 4. This item will go before City Council for final approval on September 26, 2023. ITEM TWO: CASE # 23-00300001: Request by Ruy V. Mowrer, property owner, for Final Plat approval of a Minor Subdivision; Mowrer Subdivision, Tract 1 Within the South ½ of Section 33, T15N, R19W, N.M.P.M. The property is generally located west of 21 Cibola Drive and located within McKinley County; subdivision contains 43.3137 acres M/L. The property lies within the City of Gallup’s planning and platting jurisdiction. INFORMATION ITEMS ITEM THREE: City Council Actions Taken ITEM FOUR: August 2023 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 Special Meeting August 9th, 2023 Minutes City Council Chambers The special 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 live streamed for the public through the City of Gallup’s Facebook page. Upon roll call, the following were present: Chairman K. Wilson Commissioner K. Mackenzie-Chavez Commissioner F. Pawlowski Commissioner M. Long Commissioner J. Cresto Commissioner K. Spolar Commissioner S. Ezzell Chairman Wilson asked if any Commissioner had a conflict of interest for any agenda item and if so to recuse him/herself prior to discussing the particular item. Upon roll call, the following votes were: Chairman K. Wilson (No) Commissioner K. Mackenzie-Chavez (No) Commissioner F. Pawlowski (No) Commissioner M. Long (No) Commissioner J. Cresto (No) Commissioner K. Spolar (No) Commissioner S. Ezzell (No) Presented to the Chairman and Commissioners for their approval were the minutes of the July 12th, 2023 special meeting. Commissioner Mackenzie-Chavez motioned for approval of the minutes as presented. Seconded by Commissioner Pawlowski. Motion Carried. Upon roll call, the following votes were: Commissioner K. Mackenzie-Chavez (Yes) Commissioner F. Pawlowski (Yes) Commissioner M. Long (Yes) Commissioner J. Cresto (Yes) Commissioner K. Spolar (Yes) Commissioner S. Ezzell (Yes) Chairman Wilson administered the oath required by State Law for public forum. 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 reminded Planning and Zoning Commission Special Meeting August 9th, 2023 Page 1 of 14 the Commission that the meeting was being live streamed so everyone needed to speak loud and clear for the public to hear. ITEM ONE: CASE # 23-00700002: Request by Jack Rymer, Pilot Travel Centers on behalf of Rico Land & Cattle Co., CHEV3307W, LLC and SPEED3303W, LLC, property owners, for a Conditional Use Permit to allow a Truck Stop business in the Heavy Commercial (HC) Zone District. The property is located at 3305 West Highway 66 and the Vacant Lots to the East and South of 3305; more particularly described as a 300’ x 300’ Tract of Land in the NW ¼ of Sec. 26 T15 R19 Containing 2.06 Acres M/L, a 280’ x 300’ Tract of Land Located in the NW ¼ of Sec. 26 T15 R19, and Parcel 1-B, Replat No. 1 of Parcel 1 Menapace Section 26 Containing 3.2038 Acres M/L. CB Strain began by explaining that a conditional use may only be appropriate at certain locations within a particular zone district and with additional safeguards or conditions to mitigate negative impacts on the surrounding area. It is the board’s responsibility to execute proper discretion when granting permission for such uses. CB referenced Use Table 10–3–1 of the City of Gallup Land Development Standards whereas a Truckstop was listed as a Conditional Use within the Heavy Commercial Zone District, which was why the applicants were requesting approval prior to operation. The property where the Pilot Travel Center will be located has gone through the Major Subdivision process whereas the plat has been approved and recorded. He stated that this now allows for the construction of the Pilot Travel Center to commence. A part of this approval requires Conditional Use Permit approval by the Planning and Zoning Commission. CB explained that the reason a Conditional Use Permit is required is because Truckstop’s generally create a large amount of heavy truck traffic. Therefore, they need to take steps to make sure that the Truckstop use will not create any hazards or generate any undue traffic congestion in the area. According to the building plans, ingress and egress to the Truckstop facility will be provided from Highway 66 and Mario Street. Mario Street is currently being improved with the appropriate utilities, curb, gutter, sidewalk and paving. A turn lane will be installed on Highway 66 for the Mario Street access, which was required by the New Mexico Department of Transportation (NMDOT). Those improvements should lessen the potential for traffic congestion and access to the facility from Highway 66. CB stated that it has been determined that the proposed Truckstop will not have an adverse effect on the adjacent properties and surrounding neighborhoods. Furthermore, required improvements to the Highway 66 will lessen any hazards to the public and as such the proposed Truckstop meets the minimum requirements for a Conditional Use Permit approval. If the Commission approves the proposed Truckstop, they shall comply with all regulations regulating Truckstop’s within the Heavy Commercial Zone District. Those requirements will be listed on the Building Permit, which has already been issued. Conditions for approval for the Conditional Use Permit states the nine (9) criteria, listing the Acceptable Grounds for Requesting and Granting a Conditional Use Permit that must be meant. The acceptable grounds are included in the Commission’s agenda packets as Exhibit A. It is the findings of staff that the request meets the limitations and grounds for approval. CB stated that the Gallup Task Force (GTF) has reviewed and commented on this request. Copies of the GTF comments were also included in the Commission’s agenda packets. He informed the Commission that members of the GTF were present this evening if they had any specific questions for them or on their comments. Planning and Zoning Commission Special Meeting August 9th, 2023 Page 2 of 14 FINDINGS OF CONCLUSION: CB stated that it was the findings of staff that the request for a Conditional Use Permit to operate a Truckstop within the Heavy Commercial Zone District met the limitations and grounds for requesting and granting a Conditional Use Permit according to section 10– 5–B–d-iii2 of the City of Gallup Land Development Standards. Staff recommended approval of the Conditional Use Permit through Resolution Number RP2023–7 and there were no additional conditions for that use. If anything should happen during the time that they’re in operation that creates any type of hazard, staff will make them aware of it, and they’ll have to fix or abate whatever the condition is. CB continued to state that if it is not abated within the timeframe that they’re given, then the approval of this Conditional Use Permit shall become to null and void. Those things could include any threats or hazards that threaten the health, safety and well-being of the public, which is pretty standard stuff. If something is out there creating traffic congestion or somethings going on that could be corrected, staff will make them aware of it and they have to correct it. CB stated that he didn’t think they would have any problems because with what he’s seen so far with the building plans and subdivision, it proves that they have taken the appropriate steps to mitigate any hazards that may happen; of course, they can’t predict the future. Chairman Wilson asked the Commissioners if they had any questions for staff. There were none. Chairman Wilson asked if there was anyone wishing to speak in favor of this case. Jack Rymer, Pilot Travel Centers, approached the podium and introduced himself. Mr. Rymer stated that he knew everyone was intimately familiar with the project and appreciated everyone for working through the process with them. He also thanked CB and the Planning Department for a positive recommendation. Mr. Rymer stated that he was available to answer any questions. Chairman Wilson asked the Commissioners if they had any questions for Mr. Rymer. 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 interested 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 2023-00700002. Commissioner Long motioned for approval of Item One. Seconded by Commissioner Pawlowski. Motion Carried. Upon roll call, the following votes were: Commissioner M. Long (Yes) Commissioner F. Pawlowski (Yes) Commissioner K. Mackenzie-Chavez (Yes) Commissioner J. Cresto (Yes) Commissioner K. Spolar (Yes) Commissioner S. Ezzell (Yes) Planning and Zoning Commission Special Meeting August 9th, 2023 Page 3 of 14 ITEM TWO: CASE # 23-00700001: Request by Mikkicee Manning, CMC Cannabis Dispensary, LLC, on behalf of Pow Wow Indian Jewelry, Inc., property owner, for a Conditional Use Permit to allow a Cannabis Manufacturing business in the Heavy Commercial (HC) Zone District. The property is located at 1821 West Highway 66; more particularly described as Lot 1, Replat No. 1 of a Portion of Lots 2 thru 36, All of Lots 43 Thru 67, Block 1, Lebeck-Atkins Sub. Pow Wow Indian Jewelry. CB began by stating that Use Table 10–3–1 of the City of Gallup Land Development Standards listed Cannabis Manufacturing within the Heavy Commercial Zone District as a Conditional Use, which was why the applicants were applying for Conditional Use Permit approval prior to operation. After reviewing their application, it has been determined that the proposed Cannabis Manufacturing use will not have an adverse effect on the adjacent properties and surrounding neighborhoods nor will the said use create hazards to the public, provided all the conditions set forth are adhered to. CB stated that the proposed Cannabis Manufacturing use met the minimum requirements for Conditional Use Permit approval. If approved, the proposed Cannabis Manufacturing use shall comply with all regulations, regulating Cannabis Manufacturing within the Heavy Commercial Zone District. Conditions for approval for the Conditional Use Permit states the nine (9) criteria, listing the Acceptable Grounds for Requesting and Granting a Conditional Use Permit that must be meant. The acceptable grounds are included in the Commission’s agenda packets as Exhibit A. It is the findings of staff that the request meets the limitations and grounds for approval provided certain conditions are met. CB read aloud the following conditions from Resolution No. RP2023-6: a. If approved the proposed cannabis manufacturing use must comply with all applicable local and state regulations and licensing. b. All manufacturing activities associated with this use must be conducted within fully enclosed portions of a building. c. This use shall be screened from view from each property line not facing a public street using Type C buffer as described in Section 10-4-C-d-vii “Required Landscape Buffers and Screens”. d. The incidental Cannabis Sales of goods produced on the property is allowed, provided it complies with Section 10-3-C-j-iii Cannabis Sales and the New Mexico Cannabis Regulations Act. e. Incidental outdoor storage is permitted, provided it complies with Section 10-3-C-z. f. Comply with all off-street parking requirements for Cannabis Manufacturing per Table 10-4- 4 Required Off-Street Parking Supply. g. Install all required landscaping per Section 10-4-C Landscaping and Screening. CB stated that all of those conditions were listed in the use-specific standards section in the Land Development Standards whereas staff did not come up with those individually. The Gallup Task Force (GTF) also reviewed and commented on the request whereas copies of the GTF comments were included in the Commission’s agenda packets. FINDINGS OF CONCLUSION: CB stated that it was the findings of staff that the request for a Conditional Use Permit to operate a Cannabis Manufacturing business within the Heavy Commercial Planning and Zoning Commission Special Meeting August 9th, 2023 Page 4 of 14 Zone District met the limitations and grounds for a requesting and granting a Conditional Use Permit per section 10-5-B-d-iii2 of the City of Gallup Land Development Standards. Staff recommended approval of the Conditional Use Permit contingent upon the conditions set forth in Resolution No. RP2023-6. Chairman Wilson asked the Commissioners if they had any questions for staff. Commissioner Mackenzie-Chavez asked how long the building had been vacant. CB responded that he wasn’t quite sure when the actual jewelry business stopped operating. And he was unsure if the owners of the business were present to clarify. Karim Rashid approached the podium and introduced himself. Mr. Rashid stated that he owned the building and they stopped operating just after this past Christmas. And they still have an active license. Nikki Lee, Madam Secretary informed the Commission that the Building Inspector conducted a courtesy inspection of the building. With the applicant, they went through a punch list of items that needed to be completed to bring the building up to code. For example, if they needed handicap access. The applicant was provided with all the information in writing. Commissioner Mackenzie-Chavez asked who owned the empty lot next to it. Staff stated that it was owned by YN Investments. Chairman Wilson asked if there was anyone wishing to speak in favor of this case. Mikkicee Manning, CMC Cannabis Dispensary, LLC, approached the podium and introduced herself. Ms. Manning explained that according to the New Mexico standards, anything that’s being packaged whether it’s like flour, edibles or anything like that it was considered manufacturing. With their store location, they must have a manufacturer’s license to be able to package certain stuff. Ms. Manning stated that it was going to benefit them because this was the only place that they could have the Conditional Use Permit. They’ll be able to package flour and also do like extractions and stuff. However, that also requires another class license. She explained how the state gives different licenses based upon what they’re planning to do. Ms. Manning stated that as for right now, they’re only planning on doing manufacturing that has to do with flour and no extractions. They would first have to get approval from the Cannabis Control Division and there’s different licenses whereas there’s a class one through five. Ms. Manning stated that it just really depended on what they’re hoping to manufacture, but for now it’s just going to be packaged flour, trimming the flowers and stuff like that. Chairman Wilson asked the Commissioners if they had any questions for Ms. Manning. Commissioner Mackenzie-Chavez asked Ms. Manning if they would do it for other retail shops in the area or just for their own store. Ms. Manning stated that they haven’t really talked to anyone yet because they’re still going through this process. But she’s thinking of doing just for their own store. Chairman Wilson asked Ms. Manning which class of processing involved the use of chemicals. Ms. Planning and Zoning Commission Special Meeting August 9th, 2023 Page 5 of 14 Manning stated that would be a class five whereas the state would have an engineer come down to make sure that they can give them the classification. Chairman Wilson asked if that class five with the use of those chemicals were flammable. Ms. Manning stated yes, but she doesn’t want to say no because she knows that some of it involves an extraction. Chairman Wilson clarified that Ms. Manning was requesting a Conditional Use Permit for class one. Ms. Manning stated yes; for class one or class two. She stated that she would have to take a look and see what exactly category they’re going to fall under when they apply. However, they have not gone through the state process yet because they were still waiting for the Conditional Use Permit to go through and to see if the building was okay to use. Chairman Wilson asked Ms. Manning if she could run through the processing of class two. Ms. Manning stated that class two was the same like when they go to apply for a manufacturer license. She explained how they would give the state information about the building, what area of the building they’re going to use for the manufacturing and then basically just go through a list of what they want from them. Ms. Manning stated how it was a similar process to the city’s Business License Checklist. Chairman Wilson asked what they do in a class two. Ms. Manning stated that in a class two manufacturing, it’s mainly for baking. Any edibles or like extractions for tea primarily use an oven. So it’s basically like baked goods and you can start using oil tinctures for class two. Ms. Lee stated that she knew the business would be doing Cannabis Manufacturing, however the code also allows for Cannabis Sales. She asked Ms. Manning if they would be doing Cannabis Sales as well. Ms. Manning responded yes whereas the front part of the building would be for Cannabis Sales. She mentioned how in the past that same area was used for retail space. In the back they’re hoping to use that area for Cannabis Manufacturing. According to New Mexico, they have to section them off so there will only be a limited access area. They must have codes and everything to get to the manufacturing part so the retail would be completely separate. Ms. Manning reiterated, yes they will have both Cannabis Sales and Cannabis Manufacturing. They want to use the front retail space as much as they can. Chairman Wilson asked Ms. Manning if the retail space included a use (consumption) area on the premises. Ms. Manning stated that the building had three (3) stories with a top outside area. According to New Mexico, the only way they can have onsite consumption is if they obtain another permit for that. Ms. Manning stated that there will be no onsite consumption whatsoever. Chairman Wilson emphasized how the Conditional Use Permit did not permit onsite consumption. Ms. Manning stated that she understood that. Ms. Lee stated that the city actually outlawed onsite consumption for cannabis. There is no onsite consumption for cannabis throughout the entire City of Gallup. Ms. Lee stated that Ms. Manning was informed of that and she understood. Commissioner Mackenzie-Chavez asked Ms. Manning if this was a new business for her or if she already had an existing location. Ms. Manning stated that they had another location down the street at 611 W. Highway 66. They’ve have been open there for a year for Cannabis Sales and have had no violations whereas business was going pretty well. Planning and Zoning Commission Special Meeting August 9th, 2023 Page 6 of 14 Chairman Wilson asked if there was anyone wishing to speak against this case. There were none. Chairman Wilson asked if there were any other interested 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 2023-00700001. Commissioner Mackenzie- Chavez motioned for approval of Item Two. Seconded by Commissioner Pawlowski. Motion Carried. Upon roll call, the following votes were: Commissioner K. Mackenzie-Chavez (Yes) Commissioner F. Pawlowski (Yes) Commissioner M. Long (Yes) Commissioner J. Cresto (Yes) Commissioner K. Spolar (Yes) Commissioner S. Ezzell (Yes) ITEM THREE: CASE # 23-00700003: Request by Jeremy Gay, Advocate Law Center, on behalf of Grant Birtcher and Lorren Cooke, property owners, for a Conditional Use Permit to allow a Cannabis Sales business in the Mixed-Use Center (MXC) Zone District and to allow within three hundred feet (300’) of another Cannabis-related establishment. The property is located at 106 West Coal Avenue; more particularly described as E. 21’ of Lot 23, Block 5, A & P Railway Co. Addn. CB began by explaining how Use Table 10–3–1 listed Cannabis Sales within the Mixed-Use Center Zone District as a Conditional Use whereas they must obtain approval prior to the operation. Section 10-3-C-j-A-iii4 states that this use shall require a Conditional Use Permit pursuant to section 10–5–B– d–iii Conditional Uses if located within three hundred (300) feet of another cannabis-related establishment. CB stated that the proposed business was next to the Gallup Downtown Flea Market and a couple of doors down from Maria’s Restaurant. The proposed cannabis-related establishment at 106 West Coal Avenue will be located within three hundred (300) feet of Ultra Health, which was located at 200 West Coal Avenue. Therefore, a Conditional Use Permit approval is required in order to address the proximity location of the Cannabis Sales use under the proposed Cannabis Sales business. Again, it has been determined that the proposed Cannabis Sales use will not have an adverse effect on the adjacent properties and surrounding neighborhoods nor will that use create a hazard to the public. CB stated that the proposed Cannabis Sales use met the minimum requirements for a Conditional Use Permit for approval. If approved the cannabis use shall comply with all regulations regulating Cannabis Sales within the Mixed-Use Center Zone District. Conditional Use Permit approval has nine (9) criteria which was included in the Commission’s agenda packets. CB stated that it was the findings of staff that the request meets the limitation and grounds for approval provided certain conditions are met. CB read aloud the following conditions from Resolution No. RP2023-8: a. The retail cannabis sales use must comply with all applicable local and state regulations and Planning and Zoning Commission Special Meeting August 9th, 2023 Page 7 of 14  licensing. b. Cannabis Sales establishments may only sell cannabis products for off-site consumption between the hours of 10:00 a.m. and midnight Monday through Saturday and noon to midnight on Sundays. The Gallup Task Force (GTF) has reviewed and commented on this request. Copies of the GTF comments are included in the Commission’s agenda packets. CB informed the Commission that the GTF members were present this evening if the Commission had any questions specific to any comments. FINDINGS OF CONCLUSION: CB stated that it was the findings of staff that the request for a Conditional Use Permit to operate a Cannabis Sales business within the Mixed-Use Center Zone District met the limitations and grounds for requesting and granting a Conditional Use Permit per section 10–5–B–d–iii2 of the City of Gallup Land Development Standards. Staff recommended approval of the Conditional Use Permit contingent upon the conditions set forth in Resolution No. RP2023–8. Chairman Wilson asked the Commissioners if they had any questions for staff. Commissioner Long asked CB if the Downtown Overlay District had anything in particular to do with the 10-3 section. CB stated no. The applicants complied with everything that’s required for a Cannabis Sales business except for the separation requirement with the three hundred (300) feet distance from another Cannabis Sales business. The code does allow it; they just have to obtain approval, which is what they’re doing this evening. Chairman Wilson clarified that was why the applicants were before the Commission. CB responded yes; the applicants were appearing before the Commission for two things. One is that the use requires a Conditional Use Permit because of the zone district its located it and two is because they’re located within three hundred (300) feet of another cannabis-related establishment. Commissioner Mackenzie-Chavez asked CB if there was an existing juice place located there. And if so, were they going to co-locate or create an entirely new business there. She believed the business was next to the sewing shop. CB stated that he believed it was vacant. Chairman Wilson asked if there was anyone wishing to speak in favor of this case. Jeremy Gay, Advocate Law Center, approached the podium and introduced himself as speaking on behalf of the property owner, Grant Birtcher. Mr. Gay stated how this was an exciting opportunity for Coal Street. The business owner is a local veteran and a former District Attorney who is looking to open his cannabis business there. His client is dedicated to maintaining the aesthetics making sure that this is a classy and professional establishment. As CB had mentioned, they were appearing before the Commission because they’re within three hundred (300) feet of an existing cannabis business. Mr. Gay stated that his client did his due diligence to find a location where they were in a bit of a technicality being about two hundred and ninety-seven (297) feet away from another establishment. They measured several times and are barely near that three hundred (300) foot requirement. Planning and Zoning Commission Special Meeting August 9th, 2023 Page 8 of 14 Chairman Wilson asked the Commissioners if they had any questions for Mr. Gay. Commissioner Mackenzie-Chavez asked Mr. Gay if they would be doing strictly retail and if they would be doing the manufacturing elsewhere. Mr. Gay stated that all their products would be purchased elsewhere. Whether that be from local distributors in Gallup or from the surrounding area, however there will be no production onsite. Chairman Wilson asked if there was anyone wishing to speak against this case. William B. McCarthy, Southwest Indian Foundation approached the podium and introduced himself. Mr. McCarthy stated that he worked out of 100 West Coal Avenue, which was two doors down from the proposed business. They have about twenty-five (25) people that work in that building. He stated that he genuinely did not think it would affect them because most of their business relied on support outside of Gallup, New Mexico. However, he was present on behalf of the local mom and pop businesses. Mr. McCarthy stated that he had a statement and signatures from all of the businesses that completely surrounded 106 West Coal Avenue that would be in opposition of this type of business operating there. He distributed a packet of information to the Commissioners (A copy is attached hereto, marked as Exhibit A and made a part of these official minutes). He stated that 104 with John at the Gallup Service Mart, 108 with Spiro’s at the Downtown Flea Market, Terry at Maria’s Restaurant, Sammy Chioda at Sammy C’s, and Christopher at Stone Jewelers were not in support of this. Mr. McCarthy stated that they were all nice people and everybody was trying to make a living, trying to do their best they can whereas this was kind of the core of the downtown area. He spoke about how they were counting the number of years that people had been there and it was like collectively between all of them almost 200 years of businesses just in the First Street and Coal Avenue area. So, with all due respect they just think that this facility would be better suited away from the core of downtown. Chairman Wilson asked CB if letters were sent out to all the adjacent property owners and if they received any response. CB stated yes they were sent and they did not get any response from any property owners in written form or phone calls. Chairman Wilson stated that Mr. McCarthy had a list of opposition signatures, however people did not respond to the letter of notice. Was that correct? Mr. McCarthy responded that they every one of the business owners that surround that area who have signed requesting that the proposal be denied. He just didn’t have a signature from Maria’s Restaurant because she was out of town. Chairman Wilson asked why their opposition wasn’t submitted to the Planning and Zoning Commission prior to the meeting. Mr. McCarthy apologized and stated that they just had a couple of days that they were made aware of what was going on. So they had to scramble last minute whereas he just received his letter on Monday morning, which was a certified letter from the City of Gallup. He recognized that the mail was slow. Chairman Wilson asked staff when the letters were sent. Ms. Lee stated that they were sent certified at the end of July whereas it just depended on when the mail got there. She added how they could take his statement and signatures and make it apart of the official record while making a notation of it in Planning and Zoning Commission Special Meeting August 9th, 2023 Page 9 of 14 the minutes. Chairman Wilson asked Mr. McCarthy how many signatures he had against the project. Mr. McCarthy stated that he had everyone that was directly joining on the street and across the street from 106 West Coal Avenue. He stated that they had eight (8) signatures and they would assume that Teri would sign when she returned to Gallup. Chairman Wilson stated that he wanted to take those signatures and enter them into the official record documenting their opposition to the project. Commissioner Mackenzie-Chavez asked Mr. McCarthy if they’ve had any issues with the existing cannabis shop down the street at Ultra Health. Mr. McCarthy stated no. He stated how they’re kind of a close knit, little community of businesses right there and it’s like a family where they look out for each other. During COVID they really pulled together and helped each other out and it’s very much a family atmosphere with those businesses just right downtown. Commissioner Mackenzie-Chavez just wondered if they had any issues with people. Mr. McCarthy stated that there were constant issues because they have a lot of homeless, street people in the alleys and parking is a major problem that’s a difficulty as well. He was unsure if was in any way associated with the other cannabis dispensary around the corner, which would be unfair to say. However, they do have ongoing problems, but like he said it doesn’t affect them because they’re not relying on street traffic, but does think it definitely affects the other businesses. Eric Sanchez, Gallup Service Mart approached the podium and introduced himself as the property owner of 104 West Coal Avenue. Mr. Sanchez stated that him and his tenant, John were against the project and would like to include their signatures. Mr. McCarthy stated that when talking with John who could not attend this evening, was also worried about his fabrics being extremely sensitive to the cannabis smell whereas it was valuable in his sewing shop. He knows that those walls are kind of paper thin and he thinks even some of those walls were just put in there part of the same building. John was worried because the smell was rather pungent. Mr. Sanchez stated that part of his position was more for his tenant’s concerns and how John was worried about the walls being very thin. When the previous jujitsu club was located there you could feel some of the actions that were going on there whereas he’s worried that his linen materials and stuff like that could be affected by the odor or transfer over. Grant Birtcher, property owner of 106 West Coal Avenue approached the podium and introduced himself. Mr. Birtcher stated that he was a business owner who bought the business from Terry Leach a few years back. He wanted to address some of the concerns that were brought up this evening. First of all, they’re all mom-and-pop shops, if they want to put a definition with Ultra Health they’re a corporation owned by an outside entity, outside of Gallup. Him and his business partner both reside in Gallup whereas he was from the Window Rock area. Mr. Birtcher stated that parking has never been an issue for him; there’s a parking lot right behind Sammy C’s. There always seems to be open spots whenever he goes to train as well as in the evenings when he conducts his classes for the jujitsu gym there. He spoke about how they’ve been there for about seven (7) years and it has been working out whereas they’re trying to expand the business and make good use of the business. Mr. Birtcher spoke Planning and Zoning Commission Special Meeting August 9th, 2023 Page 10 of 14 about the argument regarding fabric smelling from cannabis; there are concrete walls on both sides so they’re not paper thin. They hang equipment from there and they have to drill in there; its concrete. He can attest to that the only ventilation from there is the outside cooler and then from then on top of the roof and then the gas heater as well. So as far as odor being omitted, Mr. Birtcher thought it was highly unlikely. If this was another alcohol establishment maybe it would be concerning about the integrity of downtown. As a former prosecutor for the county and for the state, he always dealt with crimes with alcohol, DWI’s and every violent crime like 90% of them had to do with alcohol. However, very few, if any were committed based on somebody being under the influence of marijuana. He spoke about how they’re trying to start a local business, trying to do something good here, and the argument about being a tight-knit community isn’t true. Mr. Birtcher stated that he’s been there for seven (7) years, but apparently, he’s not a part of that community. He just wanted to say his peace and didn’t believe that there was a statistic that indicated there has been an increase in crime ever since the legalization of marijuana for this county. Mr. Gay again approached the podium and stated that he wanted to address some of the concerns that were raised regarding the criteria that was being applied. The only concern that was raised that applied to the criteria was the question of smell. Mr. Gay stated that there was a very advanced packaging process that would reduce or eliminate the odor. What they’ve heard about the gym having a lot of wrestling and rolling sounds, in that sense the sound would actually go down, so it will be an improvement environment in that sense. He continued to state that there was a concern about indigent or individuals strung out in the area and from his experience, as a prosecutor, that there has not been an increase in crime due to marijuana related incidents. The vast majority of people who use these dispensaries purchase a product and go back to their home, consume it at home, within the safety of their home unlike alcohol, which is a big issue in this area. The other thing Mr. Gay wanted to say was that the fear about “what if.” They’re two hundred and ninety (290) feet away of having the dispensary operated by someone who is from the community, a veteran, and a former prosecutor. They will have a local person dedicated to doing this right. Mr. Gay stated that if this was denied it would open it up to someone just down the road; two hundred and ninety (290) feet establishes realistically a precedent that dispensaries down the road that there’s not room for additional dispensaries, without them literally being on top of each other. He didn’t get an opportunity to see the letter and signatures submitted this evening, but it seemed from the presentation that they were just a tight knit group who were all friends who didn’t want to see this area change. Mr. Gay understood that it was a hard decision when different bars, different establishments that did not open there originally are now coming in. Again, Mr. Birtcher is dedicated to do this right whereas he is a great fit and a law-abiding citizen that is going to comply with the regulations. Salvatore Chioda, Sammy C’s approached the podium and introduced himself. Mr. Chioda stated that no disrespect to them, but he didn’t have any problem with them locating there, however will say regarding the fact that he’s dealt with alcohol and so on. If you talk to any public safety person from the Police Department, Sheriff’s Department or State Police Department, there was no way to measure any activity of marijuana usage or drug usage on an individual in comparison to a breathalyzer exam, for somebody who has been drinking. Mr. Chioda stated that was one of the biggest concerns the public safety people had right now and when he talks to people in Santa Fe with Alcohol and Gaming they’re going to come back and say look we’re not going to do much with regards to giving you a citation Planning and Zoning Commission Special Meeting August 9th, 2023 Page 11 of 14 because we don’t know for sure how to measure what this person has in their body. He stated that was the difference between alcohol and marijuana. Until the state trains people on how to measure drugs or marijuana, everything goes DUI/DWI, which is unfair to the business system because they got a pretty good operation. Point being is that Mr. Gay can’t really say that we know how to measure alcohol; they cannot measure if somebody’s been drugged up and they cannot measure if somebody’s high on marijuana. Ernest Santiago, CMC Cannabis Dispensary approached the podium introducing himself as the partner with CMC dispensary. Mr. Santiago stated that he saw both sides having legitimate concerns. He wasn’t there to talk about any of that, but wanted to talk about fairness. When he started at their location, they moved in and found out it was not zoned right so they didn’t put up a battle. They were very dedicated to get their business going so they moved to another location. Mr. Santiago wished the applicants the best in finding a suitable location and doing all they had to do to meet the criteria. Commissioner Pawlowski asked CB if the commissioners were able to abstain from voting on this item. CB stated that was why the Chairman asked if there was any conflict of interest at the beginning of the meeting. He supposed a commissioner could abstain, but legally that could create problems whereas if they don’t want to vote because they’re uncomfortable that wouldn’t be a valid reason to abstain. Commissioner Spolar stated that he would need to abstain due to the letter provided this evening with a signature that creates a conflict of interest for him. Commissioner Ezzell asked CB to explain the three hundred (300) foot requirement again. CB stated that when cannabis was first legalized in New Mexico all the municipalities within New Mexico, were told ahead of time that the state has their requirements for licensing and things like that and what municipalities can and can’t do as far as regulating. They left it up to the municipalities to set their own zoning regulations for cannabis, so what Gallup did and all of the municipalities throughout New Mexico, they hired consultants that were experts in these fields and they go and do their research and see what the best practices are and what other communities are doing as far as regulating that type of use as far as distance requirements. They look at use requirements, hours of operation, screening, and all of these things, which come into play when regulating zoning. The three hundred (300) feet requirement was actually stricter when they first passed the rules whereas the city had a bunch of protected uses and distance requirements the first few cannabis establishments that were trying to get licensed. CB continued to state that before they adopted the regulation it went through several public hearings, both with the Planning & Zoning Commission and the City Council for their input. They finally nailed down what they were told that the community wanted and what council and commission wanted. Those regulations were adopted and put them into play whereas the first couple of cannabis establishments hit the road block with the distance requirements. Those applicants protested and went before council saying it was unfair, so council directed staff to change it to reduce those restrictions on the distance requirements for some of them. CB believed they amended the cannabis regulations about three (3) times so far because of protests. The three hundred (300) foot is a general rule regulation; it’s the same rule that applies to alcohol from distances to churches and schools, but with cannabis they had more protected uses such as, churches, schools, other cannabis establishments, civic institutions, and several others. The city has since reduced it a little bit to not have such strict regulations. The three hundred (300) foot was kind of mirrored off of the alcohol distance requirements, but the city did place Planning and Zoning Commission Special Meeting August 9th, 2023 Page 12 of 14 more restrictions on cannabis than they do alcohol. There was a discussion between the Commission regarding the actual number of feet, when it would apply, and how conditions are set. CB stated that staff checks to ensure it meets the requirements of the code, lists any conditions that they must comply with, and give a recommendation to the Commission. Staff doesn’t have an opinion one way or another whether it’s good or bad for the downtown; they don’t say it’s going to hurt a particular business or anything like that; they go based on the regulations. In this case, they met all the criteria, the meet all the minimal requirements as per the ordinance so it would have to be proven that the use is going to have some kind of negative impact, it would have to be some kind of proof presented that says because of this, this use will affect us in this way, and that’s how the Commission should make their decision. Commissioner Cresto asked if the Conditional User Permit could be revoked if it later becomes a hazard. CB stated yes; it at any time they do not meet the conditions listed in the resolution the permit could be revoked. Commissioner Mackenzie-Chavez wanted to remind everyone that there’s three (3) liquor establishments that sell alcohol in that area; just to kind of level out the playing field. Chairman Wilson stated that the hearing was closed. Chairman Wilson stated that the hearing was closed. Motion to approve or deny the request for Case Number 2023-00700003. Commissioner Mackenzie- Chavez motioned for approval of Item Three. Seconded by Commissioner Cresto. Motion Carried. Upon roll call, the following votes were: Commissioner K. Mackenzie-Chavez (Yes) Commissioner J. Cresto (Yes) Commissioner F. Pawlowski (Yes) Commissioner M. Long (Yes) Commissioner S. Ezzell (Yes) INFORMATION ITEMS ITEM FOUR: City Council Actions Taken ITEM FIVE: July 2023 Building Permit Activity Report OPEN FLOOR: Chairman Wilson asked if there was anyone in attendance that would like to comment on a non-agenda item. There were none. Planning and Zoning Commission Special Meeting August 9th, 2023 Page 13 of 14 Motion was made by Commissioner Pawlowski to adjourn the meeting. Seconded by Commissioner Long. Motion Carried. Upon roll call, the following votes were: Commissioner F. Pawlowski (Yes) Commissioner M. Long (Yes) Commissioner K. Mackenzie-Chavez (Yes) Commissioner J. Cresto (Yes) Commissioner K. Spolar (Yes) Commissioner S. Ezzell (Yes) Commission Adjourned at 7:21 p.m. PLANNING & ZONING COMMISSION KENT WILSON, CHAIRMAN ATTEST: CLYDE (C.B.) STRAIN SECRETARY TO PLANNING & ZONING COMMISSION Planning and Zoning Commission Special Meeting August 9th, 2023 Page 14 of 14 EXHIBIT A  1-1 A J. 307 S. 4TH STREET GALLUP NM 87301 NA LOT 30, BLOCK 6, MENTMORE EAST UNIT NA 1-2 1-3  1-4 Request by Daniel J. and Savanah A. Berg, property owners, for the City of Gallup to vacate a five foot (5’) wide public utility easement along the eastern property boundary line to allow the construction of a new fence. The property is located at 3204 Grey Hill Circle; more particularly described as Lot 30, Block 6, Mentmore East Unit 4. AERIAL IMAGERY  1-5 Request by Daniel J. and Savanah A. Berg, property owners, for the City of Gallup to vacate a five foot (5’) wide public utility easement along the eastern property boundary line to allow the construction of a new fence. The property is located at 3204 Grey Hill Circle; more particularly described as Lot 30, Block 6, Mentmore East Unit 4. SITE PHOTOS  1-6 August 15, 2023 MEMORANDUM TO: GALLUP TASK FORCE {GTF} ➢ C.B. Strain, Community Planner ➢ Chance Peterson, Public Works Department ➢ Sathya Ganesan, Water/Wastewater Engineer / Jan Boone, Water/Wastewater Asst. Superintendent ➢ Marita Joe, GJU, Electrical Engineer Tech II ➢ Andrew Laweka, GFD, Acting Fire Marshal ➢ David Garcia, Solid Waste Assistant Superintendent ➢ Laurence Joe, CenturyLink Engineer II ➢ Irma Bustamante, NM Gas Co. Distribution Superintendent ➢ Sheila Hull, Comcast Network Project Manager ➢ Jayson Grover, NMDOT District 6 Traffic Engineer FROM: /s/ Nathalie Archie Nathalie Archie, Development Review Coordinator cc: Adrian Marrufo, Water & Wastewater Deputy Director Clark Tallis, Water & Wastewater Director Charles Nourse, Electric Director Robert Hamblen, Public Works Director John Lastyona, Public Works Department CASE #: VAC2023-01000001 PROJECT NAME: Vacation of a 5’ Public Utility Easement PROPERTY OWNER: Daniel J. & Savanah A. Berg PROJECT LOCATION: 3204 Grey Hill Cir. / Lot 30, Block 6, Mentmore East Unit 4 DESCRIPTION: VACATION The property owners are requesting that the 5’ wide utility easement located along the east side of the property be vacated. On July 13, 2023 the property owners applied for a Building Permit (BP2023-201), which was when it was discovered that their plans included building within an existing utility easement. The property owners are requesting the easement be vacated in order to allow for the construction of a 6-foot wooden fence. The Vacation request will be presented to the Planning and Zoning Commission at their September 13th, 2023 regular meeting, any conditions for approval should be included in staff’s recommendation to the Commission. ELECTRONIC COMMENTS ARE DUE BY: WEDNESDAY, AUGUST 23, 2023. NO Task Force Meeting has been scheduled COMMUNITY PLANNER COMMENTS: P1.) Request to vacate an existing five-foot (5’) utility easement in order to allow for construction of a privacy fence on the property line.  1-7 P2.) Existing easement does not contain utilities therefore there are no issues with vacation of said easement. P3.) Ok to proceed to public hearings. CITY ENGINEER COMMENTS: Public Works Department has no issue with this Vacation. Approved. WATER DEPARTMENT COMMENTS: No issues wait water dept WASTEWATER DEPARTMENT COMMENTS: No issues with wastewater dept. ELECTRIC DEPARTMENT COMMENTS: Electric has no issue with Vacation. FIRE DEPARTMENT COMMENTS: The Gallup Fire Department has no issues. SOLID WASTE COMMENTS: No Solid Waste Issues CENTURYLINK COMMENTS: There are no conflicts with Lumen, our lines are in the back of house (north area of property), no impact to lumen for this vacate NM GAS COMPANY COMMENTS: New Mexico Gas Company has no objection on the easement to be vacated. COMCAST COMMENTS: Comcast has no objection on easement to be vacated as long it does not interfere with rear easement as shown below. GTF Comments –Case# PROJ: Pzpdes Page 2 of 3  1-8 NM DEPT. OF TRANSPORTATION COMMENTS: This request/proposal does not relate to the NMDOT, nor will it have any impact on an NMDOT facility. I have no comments to provide. GTF Comments –Case# PROJ: Pzpdes Page 3 of 3  1-9 Request by Daniel J. and Savanah A. Berg, property owners, for the City of Gallup to vacate a five foot (5’) wide public utility easement along the eastern property boundary line to allow the construction of a new fence. The property is located at 3204 Grey Hill Circle; more particularly described as Lot 30, Block 6, Mentmore East Unit 4. AREA MAP  1-10 Request by Daniel J. and Savanah A. Berg, property owners, for the City of Gallup to vacate a five foot (5’) wide public utility easement along the eastern property boundary line to allow the construction of a new fence. The property is located at 3204 Grey Hill Circle; more particularly described as Lot 30, Block 6, Mentmore East Unit 4. PROPERTY MAP 4 5 6 7 8 3 2 1 10 9 11 15 14 13 12 2  1-11 Letters sent 08/25/2023 Request by Daniel J. and Savanah Berg, property owners, for the City of Gallup to vacate a five foot (5’) wide public utility easement along the entire length of the eastern property boundary lines to allow the construction of a new fence. The property is located at 3204 Blue Hill Circle; more particularly described as Lot 30, Block 6, Mentmore East Unit 4. ADDRESS LIST 1. DANIEL J. & SAVANAH A. 6. DEVIN G. & TSABAH L. BERG GLASSES 3204 BLUE HILL CIR. 3213 BLUEHILL AVE. GALLUP, NM 87301 GALLUP, NM 87301 LOT 30, BLOCK 6, MENTMORE LOT 12, BLOCK 6, MENTMORE EAST UNIT 4 EAST UNIT 4 R212731 R140759 2. NORMA H. HOFFMAN 7. PARMINDER SINGH & C/O IRMA BUSTAMANTE SUKHPAL KAUR 3206 GREY HILL CIR. 3211 BLUE HILL AVE. GALLUP, NM 87301 GALLUP, NM 87301 LOT 31, BLOCK 6, MENTMORE LOT 13, BLOCK 6, MENTMORE EAST UNIT 4 EAST UNIT 4 R212727 R212937 3. GILBERT SAGE 8. STEVEN ELDRIDGE & 3208 GREY HILL CIR. NICOLE C. TOM GALLUP, NM 87301 3209 BLUE HILL AVE. LOT 32, BLOCK 6, MENTMORE GALLUP, NM 87301 EAST UNIT 4 LOT 14, BLOCK 6, MENTMORE R212954 EAST UNIT 4 R212938 4. NICOLE R. JONES 3217 BLUE HILL AVE. 9. HOUSTON R. SILVA GALLUP, NM 87301 3200 GREY HILL CIR. LOT 10, BLOCK 6, MENTMORE GALLUP, NM 87301 EAST UNIT 4 LOT 28-A, BLOCK 6, R640557 MENTMORE EAST UNIT 4 REPLAT FILED 10/12/95 5. COYOTE CANYON R212952 REHABILITATION CENTER, INC. 10. NALMERTHAN PABLO P.O. BOX 158 P.O. BOX 3943. BRIMHALL, NM 87310 YAHTAHEY, NM 87375 LOT 11, BLOCK 6, MENTMORE LOT 29, BLOCK 6, MENTMORE EAST UNIT 4 EAST UNIT 4 R640565 R212953  1-12 11. ADOLFO J. DEARMOND HCR 2, BOX 52E GALLUP, NM 87301 LOT 12, BLOCK 7, MENTMORE EAST UNIT 4, REPLAT OF TRACT C R154717 12. RAMON PETE 3203 GREY HILL CIR. GALLUP, NM 87301 LOT 11, BLOCK 7, MENTMORE EAST UNIT 4, REPLAT OF TRACT C R212903 13. ANTHONY R. SECIWA P.O. BOX 4104 GALLUP, NM 87305 LOT 10, BLOCK 7, MENTMORE EAST UNIT 4, REPLAT OF TRACT C R212902 14. DESERTWIND HOLDINGS II, LLC 1180 RANCHO RD. GALLUP, NM 87301 LOT 9, BLOCK 7, MENTMORE EAST UNIT 4, REPLAT OF TRACT C R212781 15. ROBERT OLAV ALLAN & DAWN GOURNEAU 3209 GREY HILL CIR. GALLUP, NM 87301 LOT 8, BLOCK 7, MENTMORE EAST UNIT 4, REPLAT OF TRACT C R212780  2-1 505-593-3893 / DEPAULI ENGINEERING & SURVEYING TRACT OF LAND WEST OF 21 CIBOLA DRIVE NL CONT. 43.30 ACS M/L 2-2 2-3 2-4 2-5 2-6 2-7 2-8 2-9 2-10  2-11 Request by Ruy V. Mowrer, property owner, for Final Plat approval of a Minor Subdivision; Mowrer Subdivision, Tract 1 Within the South ½ of Section 33, T15N, R19W, N.M.P.M. The property is generally located west of 21 Cibola Drive and located within McKinley County; subdivision contains 43.3137 acres M/L. The property lies within the City of Gallup’s planning and platting jurisdiction. AERIAL IMAGERY Sierra Vista Dr.  2-12 Request by Ruy V. Mowrer, property owner, for Final Plat approval of a Minor Subdivision; Mowrer Subdivision, Tract 1 Within the South ½ of Section 33, T15N, R19W, N.M.P.M. The property is generally located west of 21 Cibola Drive and located within McKinley County; subdivision contains 43.3137 acres M/L. The property lies within the City of Gallup’s planning and platting jurisdiction. SITE PHOTOS  2-13 June 29, 2023 MEMORANDUM TO: GALLUP TASK FORCE {GTF} ➢ C.B. Strain, Planning & Development Director ➢ Chance Peterson, Public Works Department ➢ Sathya Ganesan, Water/Wastewater Engineer ➢ Marita Joe, Senior Electrical Engineer ➢ Jon Pairett, GFD, Fire Marshal ➢ David Garcia, Solid Waste Assistant Superintendent ➢ Laurence Joe, CenturyLink Engineer II ➢ Irma Bustamante, NM Gas Co. Operations Supervisor ➢ Sheila Hull, Comcast Network Project Manager ➢ Jayson Grover, NMDOT District 6 Traffic Engineer FROM: /s/ Nikki Lee Nikki Lee, Planning Manager cc: Adrian Marrufo, Water & Wastewater Deputy Director Charles Nourse, Electric Director Robert Hamblen, Public Works Director John Lastyona, Public Works Department CASE #: MNSB2023-00300001 PROJECT NAME: Land Division of Tract 1 – McKinley County Subdivision PROPERTY OWNER: Ruy V. & Jeanne K. Mowrer, Trustees PROJECT LOCATION: Tract of land west of 21 Cibola Drive / Tract 1 lying within the S ½ 33 15 19, Cont. 43.30 ACS M/L DESCRIPTION: MINOR SUBDIVISION (SKETCH PLAT REVIEW) The property lies within the McKinley County, however the City of Gallup has planning & platting jurisdiction being that it’s within three (3) miles. Therefore, the property owner is requesting approval from the Planning and Zoning Commission to subdivide their property from One (1) tract of land consisting of 43.30 Acres M/L into Two (2) Tracts. The reason for this subdivision is because Mr. Mowrer wants to sell one of the properties. ELECTRONIC COMMENTS ARE DUE BY: THURSDAY, JULY 6, 2023 NO Task Force Meeting has been scheduled COMMUNITY PLANNER COMMENTS: P1.) No vicinity map provided; a vicinity map must be provided on the plat. P2.) No north arrow provided; a north arrow must be provided on the plat. P3.) Provide information pertaining to the 40’ wide strip dedicated this plat. Is this a dedicated ROW or an access easement??  2-14 P4.) Make other corrections as noted on plat and resubmit for review. CITY ENGINEER COMMENTS: Being that the property is located outside city limits, Public Works Department will not require any pedestrian infrastructure improvements. If the property is annexed into city limits, these improvements will be required, and at that time the property owner will be responsible for the improvements. WATER DEPARTMENT COMMENTS: No issues with the City water systems as there is no City of Gallup water facilities in the subdivision area WASTEWATER DEPARTMENT COMMENTS: No issues with the City sewer systems as there is no City of Gallup sewer facilities in the subdivision area. ELECTRIC DEPARTMENT COMMENTS: Electric has no issues with subdivision being there is no City of Gallup Electric facilities in the area. FIRE DEPARTMENT COMMENTS: Fire Department has no issues with subdivision. Future fire code requirements will be determined during plan review process if the property is annexed into the city. SOLID WASTE COMMENTS: No Solid Waste issues. CENTURYLINK COMMENTS: Lumen has no conflicts. NM GAS COMPANY COMMENTS: New Mexico Gas Company does not have facilities within this area. COMCAST COMMENTS: I have reviewed the area and found none of our facilities. NM DEPT. OF TRANSPORTATION COMMENTS: This proposed property sub- division is far from any NMDOT facility/state highway, and will not impact the NMDOT in any way. The NMDOT has no comments to provide. GTF Comments –Case# PROJ: Pzpdes Page 2 of 2  2-15 Request by Ruy V. Mowrer, property owner, for Final Plat approval of a Minor Subdivision; Mowrer Subdivision, Tract 1 Within the South ½ of Section 33, T15N, R19W, N.M.P.M. The property is generally located west of 21 Cibola Drive and located within McKinley County; subdivision contains 43.3137 acres M/L. The property lies within the City of Gallup’s planning and platting jurisdiction. AREA MAP  2-16 Request by Ruy V. Mowrer, property owner, for Final Plat approval of a Minor Subdivision; Mowrer Subdivision, Tract 1 Within the South ½ of Section 33, T15N, R19W, N.M.P.M. The property is generally located west of 21 Cibola Drive and located within McKinley County; subdivision contains 43.3137 acres M/L. The property lies within the City of Gallup’s planning and platting jurisdiction. PROPERTY MAP 1  2-17 Letters sent 09/05/2023 Request by Ruy V. Mowrer, property owner, for Final Plat approval of a Minor Subdivision; Mowrer Subdivision, Tract 1 Within the South ½ of Section 33, T15N, R19W, N.M.P.M. The property is generally located west of 21 Cibola Drive and located within McKinley County; subdivision contains 43.3137 acres M/L. The property lies within the City of Gallup’s planning and platting jurisdiction. ADDRESS LIST 1. RUY V. MOWRER P.O. BOX 879 GALLUP, NM 87305-0879 TRACT 1, LYING WITHIN THE S ½ 33 15 19, CONT. 43.30 ACS M/L R056553  3-1 Summary of City Council Actions August 2023 [No actions taken on any Planning & Zoning items]  4-1 CITY OF GALLUP PLANNING & DEVELOPMENT DEPARTMENT 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: AUGUST YEAR TO DATE: 2023 NUMBER OF NUMBER OF VALUATION VALUATION DESCRIPTION PERMITS PERMITS NEW SINGLE FAMILY DWELLINGS 0 $ - 1 $ 350,000.00 RESIDENTIAL ADDITIONS / ALTERATIONS 3 $ 20,500.00 15 $ 276,345.00 RESIDENTIAL STORAGE SHED 1 $ 3,000.00 2 $ 10,643.00 RESIDENTIAL GARAGES & CARPORTS 0 $ - 0 $ - RESIDENTIAL SITE PERMITS 0 $ - 0 $ - NEW COMMERCIAL BUILDINGS 1 $ 10,000,000.00 2 $ 10,500,000.00 COMMERCIAL ADDITIONS / ALTERATIONS 3 $ 32,500.00 19 $ 801,950.00 COMMERCIAL STORAGE SHED 0 $ - 0 $ - COMMERCIAL GARAGES & CARPORTS 0 $ - 0 $ - COMMERCIAL SITE PERMITS 0 $ - 0 $ - NEW CHURCHES 0 $ - 0 $ - CHURCH ADDITIONS / ALTERATIONS 0 $ - 1 $ 24,000.00 RE-STUCCO / SIDING / DECKS 0 $ - 3 $ 14,200.00 NEW ASPHALT / ASPHALT OVERLAY / SEALCOAT 1 $ 2,000.00 9 $ 198,905.00 EXCAVATION / GRADING 1 $ 50,000.00 3 $ 1,635,000.00 NEW APARTMENTS 0 $ - 0 $ - APARTMENT ADDITIONS / ALTERATIONS 0 $ - 0 $ - HOTELS / MOTELS 0 $ - 0 $ - ROOF REPAIR 19 $ 1,028,575.00 128 $ 2,790,002.00 DEMOLITION 0 $ - 4 $ 359,500.00 FENCE / RETAINING WALL 7 $ 45,800.00 24 $ 128,719.00 FOUNDATION ONLY - CHARGE 0 $ - 0 $ - FOUNDATION ONLY - NO CHARGE 0 $ - 0 $ - SWIMMING POOLS 0 $ - 0 $ - DECK 0 $ - 0 $ - TOTAL PERMITS & VALUATION 36 $ 11,182,375.00 211 $ 17,089,264.00 TOTAL PERMIT FEES $ 43,076.71 $ 94,710.98  4-2 CITY OF GALLUP PLANNING & DEVELOPMENT DEPARTMENT MONTHLY COMPILATION OF PERMITS ISSUED AUGUST 2023 DATE PERMIT PERMIT PERMIT OWNER / BUSINES CONTRACTOR SITE ADDRESS VALUATION ISSUED NO. TYPE FEES 8/1/23 23 - 199 FRANCISCO & ERICA ARREGUIN HOMEOWNER 1717 CALLE PINON FENCE / RETAINING WALL $ 87.00 $ 4,500.00 8/1/23 23 - 218 JOHN E. & LILIANA A. RATMEYER DOMINGUEZ CONSTRUCTION INC. 508 COUNTRY CLUB DRIVE ROOF REPAIR $ 87.00 $ 4,650.00 8/2/23 23 - 213 LANCE M. PIANO GALLUP ROOFING, INC. 502 ZECCA DRIVE ROOF REPAIR $ 168.00 $ 14,000.00 8/2/23 23 - 214 MARY A. LIVINGSTON GALLUP ROOFING, INC. 1116 MARTINELLI DRIVE ROOF REPAIR $ 168.00 $ 13,600.00 8/2/23 23 - 215 EARLS FAMILY RESTAURANT GALLUP ROOFING, INC. 1400 E. HISTORIC HIGHWAY 66 ROOF REPAIR $ 232.00 $ 19,500.00 8/2/23 23 - 217 KERN FAMILY REVOCABLE TRUST L.B. HREN CONSTRUCTION 108 W. GREEN AVENUE ROOF REPAIR $ 150.00 $ 12,000.00 NEW COMMERCIAL 8/3/23 23 - 020 PILOT TRAVEL CENTERS, LLC PILOT TRAVEL CENTERS, LLC 3305 W. HISTORIC HIGHWAY 66 $ 37,719.13 $ 10,000,000.00 BUILDINGS COMMERCIAL 8/3/23 23 - 177 AT&T WIRELESS ADVANCE TOWER SERVICES 510B WILLIAMS STREET $ 100.00 $ 30,000.00 ALTERATIONS 8/4/23 23 - 212 RED ROCK SELF STORAGE INC. SCOTTS FENCING COMPANY, INC. 299 E. NIZHONI BOULEVARD FENCE / RETAINING WALL $ 232.00 $ 20,000.00 8/7/23 23 - 200 MARK J. & TIFFANY J. HORN NATIONAL ROOFING CO. INC. 1507 DIAMOND CIRCLE ROOF REPAIR $ 488.00 $ 62,024.00 8/7/23 23 - 201 DANIEL & SAVANAH BERG MERRILL FENCE COMPANY, LLC 3204 GREY HILL CIRCLE FENCE / RETAINING WALL $ 132.00 $ 10,000.00 8/9/23 23 - 210 BEST WESTERN PLUS OWNER 910 E. AZTEC AVENUE FENCE / RETAINING WALL $ 40.00 $ 500.00 8/14/23 23 - 165 LLOYD & CONNIE COMER GALLUP ROOFING, INC. 400 SAGE AVENUE ROOF REPAIR $ 195.00 $ 16,800.00 8/14/23 23 - 219 KATHERINE BORBON GALLUP ROOFING, INC. 607 S. GRANDVIEW DRIVE ROOF REPAIR $ 123.00 $ 8,925.00 8/14/23 23 - 220 ROBERT & LISA RODRIGUEZ GALLUP ROOFING, INC. 413 ZECCA DRIVE ROOF REPAIR $ 159.00 $ 12,150.00 8/14/23 23 - 221 CALVIN H. & JEAN V. FEDDES DIAZ RESIDENTIAL CONSTRUCTION, LLC 1136 BURKE DRIVE ROOF REPAIR $ 168.00 $ 13,200.00 RESIDENTIAL 8/15/23 23 - 222 ROBERT & MICHELE MCINTOSH HOMEOWNER 3403 ZIA DRIVE $ 80.25 $ 2,000.00 ALTERATIONS 8/16/23 23 - 111 TODD A. & SUSAN WILSON HOMEOWNER 302 CINIZA COURT FENCE / RETAINING WALL $ 69.00 $ 3,000.00 8/16/23 23 - 232 ANN W. & KEVIN REEVES HOMEOWNER 201 PINE AVENUE ROOF REPAIR $ 69.00 $ 2,800.00 RESIDENTIAL 8/18/23 23 - 227 PARMINDER SINGH & SUKHPAL OM 2000 CONSTRUCTION 3211 BLUE HILL AVENUE $ 184.65 $ 10,000.00 ALTERATIONS 8/21/23 23 - 238 LITTLE SISTERS OF THE POOR AAA ROOFING COMPANY 1900D MARK AVENUE ROOF REPAIR $ - $ 757,721.00 8/22/23 23 - 223 HARY H. & JOSEPHINE BEGAY ZIA ROOFING & GUTTERS, LLC 1704 BOULDER CIRCLE ROOF REPAIR $ 141.00 $ 10,999.00 8/22/23 23 - 226 CHRISTOPHER DEARMOND HOMEOWNER 1605 MONTEREY DRIVE FENCE / RETAINING WALL $ 69.00 $ 3,000.00 RESIDENTIAL 8/23/23 23 - 152 MATTHEW & BRANDI MCGRAW K AND M BUILDERS, INC. 1008 YEI AVENUE $ 171.60 $ 8,500.00 ALTERATIONS 08/23/202 23 - 205 SHANNON K. SLINKEY HOMEOWNER 503 LOW MOUNTAIN STREET ROOF REPAIR $ 78.00 $ 4,000.00 8/24/23 23 - 224 MUNOZ LAND HOLDINGS, LLC MUNOZ CORPORATION 2706 CHAMISAL AVENUE COMMERCIAL ADDITIONS $ 63.75 $ 1,000.00 8/25/23 23 - 233 GALLUP DENTAL GROUP GALLUP ROOFING, INC. 1421 US HIGHWAY 491 ROOF REPAIR $ 232.00 $ 19,500.00 8/25/23 23 - 234 CARLOS A. MATA GALLUP ROOFING, INC. 3315 MANUELITO AVENUE ROOF REPAIR $ 150.00 $ 11,500.00 8/25/23 23 - 235 JESUS JR. & GAYLEEN MORALES GALLUP ROOFING, INC. 801 N. STRONG DRIVE ROOF REPAIR $ 150.00 $ 11,400.00 8/28/23 23 - 242 MICHELLE ESQUIBEL ZIA ROOFING & GUTTERS, LLC 319 MCKEE DRIVE ROOF REPAIR $ 222.00 $ 19,806.00 8/28/23 23 - 245 BUDDYS HOME FURNISHING ALEX'S ROOFING & CONSTRUCTION 1100 US HIGHWAY 491 ROOF REPAIR $ 178.00 $ 14,000.00 8/29/23 23 - 244 LARRY R. & ELIZABETH MARTINEZ K AND M BUILDERS, INC. 1015 E. BUENA VISTA AVENUE FENCE / RETAINING WALL $ 87.00 $ 4,800.00 8/30/23 23 - 225 MUNOZ LAND HOLDINGS, LLC MUNOZ CORPORATION 2706 CHAMISAL AVENUE COMMERCIAL ADDITIONS $ 79.25 $ 1,500.00 8/30/23 23 - 236 POINT S AMERICAN TIRE PRESTIGIOUS PAVING, LLC 1001 W. COAL AVENUE NEW ASPHALT $ 94.75 $ 2,000.00 8/31/23 23 - 230 ES HOUSING DEVELOPMENT LLC THE CONSTRUCTION OUTFIT 1308 KIT CARSON DRIVE EXCAVATION / GRADING $ 616.03 $ 50,000.00 RESIDENTIAL STORAGE 8/31/23 23 - 243 ANTON D. & RAMONA GRIEGO HOMEOWNER 3316 CHEE DODGE BOULEVARD $ 93.30 $ 3,000.00 SHED TOTALS: $ 43,076.71 $ 11,182,375.00 3 RESIDENTIAL ADDITIONS / ALTERATIONS 1 RESIDENTIAL STORAGE SHED 1 NEW COMMERCIAL BUILDINGS 3 COMMERCIAL ADDITIONS / ALTERATIONS 1 NEW ASPHALT / ASPHALT OVERLAY / SEALCOAT 1 EXCAVATION / GRADING 19 ROOF REPAIR 7 FENCE / RETAINING WALL 36 TOTAL PERMITS P.O. BOX 1270 GALLUP, NM 87305 PHONE: 505.863.1240 FAX: 505.722.5131