Miss Reyes, could you do a roll call, please?

Commissioner Lendon.

Here.

Chairperson Moore?

Here.

Commissioner Sol?

Here.

Commissioner Garza?

Here.

Vice Chairperson Klein.

Commissioner Martin.

Here.

All those in favor say aye.

Any opposed?

Motion passes.

Thank you.

Now, if we've had enough time to look at the minutes, that's our next item is number three, approval of amendments from August 13, 2025.

It's been a couple of months, so I'd entertain a motion to approve those minutes whenever you are ready.

Move approval.

Second approval by Commissioner Martin, who is a second?

Commissioners.

Commissioner Sowell.

Get your name in there.

Get my name in there.

All those in favor say aye.

Aye.

Any opposed?

Same sign.

Thank you.

New business number one request for approval of rezone of Malden Track 16 lot 9 addressed 1705 Axtel Street or Axtel Street from residential single family RS7 to Commercial General CG.

Mr.

Wilt, do you have something to say about this one?

Thank you, Chairman.

This is a request for a zone change of 1705 Axel from residential single family to commercial general.

The reason for the request is he's got that uh mobile food cart that's parking outside.

He's parking that in the residential area.

And so in order to continue the business, he needs to make both of them uh commercial property.

It meets the standards of unified development ordinance consistent with city comprehensive plans, and there's no compelling evidence there would be a threat to public health safety or welfare.

And with that, I will stand with any questions.

So this this mobile is it a push cart?

No, it it's uh it's a truck.

Oh, a truck.

They've got the canopy built there on that vacant lot where they can eat in the shade and under you know out of the weather type thing.

But in order for them to continue to uh to use that the way it's set up, I see that needs to be changed.

Okay.

Is this the one that is right on commerce and extra?

We didn't have uh any objections for neighbors, correct?

No.

All parties were notified.

So Mr.

Chairman, I move for approval.

Move to approval.

Um by Commissioner London.

Any other questions?

All those in favor say aye.

Aye.

Any opposed, same sign.

Thank you.

Motion passes.

Uh Mr.

Chairman, I think the applicant is here.

Need to make him aware that uh this goes to the city commission for final approach.

Did you hear that?

So it'll go it'll be in the next city commission meeting, is that correct?

That's correct.

Which will be on the 6th.

Okay.

6th of October.

I mean December.

November.

The 6th of November?

Yes, sir.

That's last week.

Oh, the 20th.

I'm sorry.

Okay.

That's right.

It will be this year.

You still be a curve, Ed.

Be there to the the 20th.

Yes.

20th of December.

Okay.

The 6th was the last commission meeting.

Wait, hold it.

So that's what I went, then I really threw you a loop and went back a month.

You understand?

20th of what month?

December.

November.

Still November 20th.

November 20th.

20th will be the sixth was our last deal.

You see what happens?

Yep.

You miss a couple?

Okay.

November.

Okay.

Who's running this show?

Yeah.

I don't know.

I don't know.

Retire.

So yeah, it would probably be in your answers to be there just in case there's any questions.

Okay.

Thank you.

You might want to find out when the meeting actually is.

I think we have to mark down all five dates that have been mentioned.

Time warp back to October, just in case.

November.

Number two, request for approval for conditional use as short-term rental of Cheyenne Meadows, Unit 2, Block 9, Lot 7, 3028, Cheyenne Drive, Clovis, New Mexico.

I'm going to tackle this one, Mr.

Chairman.

So thank you, Mr.

Chairman, members of the uh committee.

So the the item in front of you today is obviously for the approval of a conditional use for a short-term rental.

When the City of Clovis redid our unified development ordinance, we actually did include short-term rentals in there.

And they can be conditionally approved in all zones within the City of Clovis.

We realize that there's already existing short-term rentals that are in place throughout the city.

And council and staff were working on actually trying to put together a business license application for those so it would workflow through from a from a permit standpoint to a business license standpoint.

They should technically be paying lodgers tax because they're less than 30 days.

And so we're trying to get our arms wrapped around this.

Obviously, it was a situation that we had very few within the community, and they've started to grow to where we actually have probably about 40 or so based off my internet research within the community itself.

Where's the address on here?

3028 Cheyenne Drive.

We did do all of the notifications that were required.

We did not receive any uh objections uh to the proposed uh conditional use.

And some of the things that we consider and that we brought to you uh per the UDO is that uh the proposed use or activity is expressly authorized as a conditional use, which yes it is, uh that the proposed use will not be detrimental to the health safety or general welfare of the persons residing or working in the vicinity, uh that approval of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district, that the proposed conditional use will be served by adequate utilities, access roads, parking, drainage, and other important necessary facilities, infrastructure, and community services, and that the proposed special use complies with all applicable regulations of this UDO except as expressly approved in accordance with the procedures of this UDO.

And so uh what technically can happen is if this uh commission so chose to put uh restrictions on that conditional use, uh that's certainly an option uh for you guys to consider.

So if you say, hey, you you're allowed to have this conditional use for a period of a year, you could certainly do that.

Um being that this is like I said, the staff uh still trying to get our our hands around and processes in place for uh short-term rentals, uh I I don't have any recommendations that I can make to you at this time.

Uh we have reached out to like the City of Ria Riados regarding their short-term rentals.

Obviously, they have a lot.

Um they did they allow short-term rentals to be within all residential zones.

Uh it's just a uh right within a residential zone.

Uh Taos actually has a cap on the number of short-term rentals that they allow within their community.

And so these are things that we will take a look at and obviously then eventually bring uh to this commission for uh text amendment to within our code.

But obviously, we don't have those things in place today.

Uh and these properties, this and the next applicant do meet the conditions as outlined in the UDO.

So with that, I'm happy to answer any questions that you may have.

Um these first two applicants out of Internet Research 40, are are we going to contact each of them?

Is that the plan?

Yeah, so the plan is to contact each one of the existing ones.

Eventually, these two we caught, obviously, they came in, asked if there was a process.

We found it in the UDO.

Um, so they didn't just go into business without asking.

Um so uh we'll have to go back, we'll do our Internet research on those ones that are existing.

Uh obviously they would be grandfathered in because we haven't made them go through the conditional use process and through this process.

Uh but at least we would have them uh from a business registration and license standpoint, uh, should the commission, city commission, uh choose to move forward with that, um, we would have them register as well as from a lodgers tax standpoint as well.

Um Mr.

Chairman question.

Go ahead.

Go ahead.

Um I would request that uh you could notify the assessor's office once approved of these specific addresses, because I will need to re classify them as non-residential.

Well, they'd still be zoned as residential.

And so I'm not sure how that yeah.

We can I'll let you do whatever you need to do from your thing.

Okay.

I just kind of need a list of all the addresses once approved.

So thank you.

So when you say uh put uh restrictions, uh what kind of restrictions do you think we can put on them?

Yeah, I mean, there's not really too much we can do on that.

But uh conditional use uh and for how long?

So when you say uh put a uh restrictions uh what kind of restrictions do you think we can put on them I mean there's not really too much we can do on that but uh conditional use uh and for how long uh is the business permit for a year so we we can do that with a year or that and so the the conditional use standpoint is uh allowing that condition within that zone and so if you wanted that condition to cease you could say okay you can have a short term rental for a year and that could be as part that's the the part of the condition for the use of that property.

We uh having a business license the way we've seen them in other communities is that if it's going to stay as a short term rental then they would just renew their license every year with us.

That's what I have to Mr.

Howalt Tom looks like you're in deep thought over there.

Yes.

You have a question?

No actually thinking about this I am just trying to digest so once um this gets figured out and where we're going to move forward um it it'll be within a six months year absolutely yeah we're currently working on it uh drafting for example we'll have to change chapter two within our municipal code to include that as a new uh business license that we recognize obviously chapter 17 of the UDO uh we do not within the current definition of a short term rental require them to maintain a register we're gonna add that potentially add that to the language as well uh basically documenting uh how this stays within that because under lodgers tax ordinance we actually can audit uh an establishment and make sure and then look at their registers to make sure that they're reporting their lodgers tax correctly to us.

And so those are some of the things that we're looking at and changing in the code.

So so if we um whatever we decide here if we say it's for a year when their year comes up they would now be they would have to go through everything that you guys figure out that would be correct yeah so if y'all put that condition on there the this allowed use of that property would only be for a year and they would have to go back and redo the process.

So Mr.

Chairman So you just mentioned that a condition could be that it's annual right that's correct but that's something that we're planning to do from a business license standpoint.

Okay.

And so for example all of your businesses so there's there's a difference between business licenses and business registrations.

And so certain activities within the city we require a business license alcohol that's annually right?

And so that's outside of your business registration.

So you have to apply for your uh license every year with the city of Clovis.

Your business registration you also have to do annually with us.

That's that $35 registration that you pay which is capped at based off state statutes.

The license we can actually make to whatever level we want to to make that fee be based off but they those would be annually as well.

Okay.

So just out of curiosity what other conditions are being considered or what other conditions are optional or can we just make up a bunch of conditions?

Yeah you could make up a bunch of conditions.

Honestly it it does allow for that I would assume that they would have to be reasonable conditions on the property.

But what for example the City of Riadosa obviously different situation they require that their lots have to be cleared from a fire standpoint and that all vegetation is maintained.

They actually do inspect that and if they're not doing that they can withdraw uh that allowed use from those those individuals or deny their license and revoke their license if they're not adhering to things.

So is it a fair question to ask what other conditions are being considered we're not we're actually not considering any conditions be placed on these it would be handled in the business license obviously that would be an annual renewal if we went through and changed this to change the text to where they have to notify their neighbors we've seen that actually in Oklahoma to where if somebody is going to utilize their property as a short term rental that as part of their permit application process they actually do have and give their neighbors an opportunity to potentially object to that.

And so those that's some of the language that which is similar to what we're doing to now today, right?

And so they made application for a conditional use.

We went through the notification process, and so the neighbors could, if there was any, wanted to come and say, no, I don't want my neighbor to have a short-term rental next to me.

And so those are those are some of the things that we're looking to uh to if we need to make any text amendments to the UDO.

So this is Okay.

So what we're saying today, whatever we say today is not set in stone.

It can be modified later.

It would be used for these this particular piece of property, yes.

Okay.

But going forward, we could come back and say we're amending what we said.

I I think that unless you set a timeline on it and said this conditional use is good for a year, then they would have a year.

If we didn't set a timeline on it, uh because currently, right now, we don't have any other rules or regulations regarding short-term rentals, and so they would be allowed to use that piece of property indefinitely as a short-term rental, unless they sold or somebody else, I mean moved on.

Uh obviously that would cease the conditional use if conditions changed regarding that.

Uh but for that that particular this particular applicant, it would last as long as you guys have approved it if you didn't have any uh conditions on there.

So I guess where I am leading is that I personally don't know enough to know what conditions would even be considered in the future.

And I guess my question or my comment is I would like to see it left open.

Let's just say we decided, hey, we want those lots cleared, and you we're like Riadosa, we are worried about fire and you know, or we're worried about flood or something.

I just feel like and maybe you can maybe you can answer this, is I don't want to restrict ourselves, I don't want to restrict the City of Clovis from making rules in the future that would come back and cover our butts for something that we say today, you know, if it if it can be changed.

And I I I guess I want to be sure that we are leaving this the city is leaving itself open.

Yeah, absolutely.

And I and honestly, in the conversations that we've had with uh staff and as we've looked into this, I personally, in the conversations that we've had, don't know what conditions we would put on them.

Yeah.

And so from a recommendation standpoint, like I said, we're planning to make re propose, obviously the full authorities to the City Commission.

We're planning to propose that uh they would get a business license annually.

Uh and so whether or not we change the UDO uh to where it's just a permitted use uh within a neighborhood, or I'd still think it's a good idea to have them come before this board that way their neighbors have a uh have some input on what is happening within the neighborhood.

Um so I think that that's a good idea.

Um but we haven't seen that like I said, Taos has a cap on the number of short-term rentals, um, why you would have that in place, obviously potentially to drive I guess individuals into the uh hotels versus staying within short-term rentals.

Uh but I don't think we have that problem.

Um so I don't think a cap would necessarily be something that we recommend at this time.

Um but other than like I said, other than giving a neighbors the opportunity from a permitting standpoint uh to object if they so chose, I I really don't see what other type of conditions we would potentially put on there.

Okay.

All right.

I just I want to leave it open.

Yep.

I I don't want to lock ourselves in.

Because something could just come up and we go, dang, we never even considered that.

But I just want to make sure that whatever we do today doesn't limit us for something in the future that we uh is unforeseen.

Yeah.

And so looking at the the code itself, it says uh an approved conditional use will lapse and become void one year after it is approved, unless a permit has been issued and the project has commenced, so that would be if they're doing a new building permit.

Uh transferability, approved conditional uses run with the land and are not affected by changes of tenancy ownership or management.

And so maybe that's something that we look at if there is a sale of the short-term rental or the property, that that conditional use would go away.

Um then amendments, amendments to approved conditional uses must be processed as new conditional use applications, including all requirement of fees, notices, public hearings, et cetera.

So if they wanted to change it from a short-term rental to something else, they would have to come back and ask for an amendment to that conditional use.

They couldn't just do it.

And so what you are approving today would be for it to be utilized as a short-term rental.

Okay.

Mr.

Chairman.

So at short-term rental, uh I'm gonna go somewhere and get a bunch of uh females and rent a place and I want to use it for listed.

So a short-term rental is defined as I mean stays of 30 days or less.

I mean that it's not a condition to have that type of activity going into that short-term rentals.

So uh am I just being too wild on my thinking here and I I would think that that's against the law as it is, no matter where you are.

Still, but it gives me the chance to do that if I wanted to, because it's a short-term rental, and we're not putting it put in any definitions or restrictions to the usage.

Uh well, I guess by definition of a short-term rental, it's meant to be like a hotel.

I I would like to say that.

Yeah, and so let me find the definition that we would.

That could be language added.

But we so we define short-term.

Let me we'll pull up the definition as in the code.

This, this and this.

Oh, I think also like the noise ordinance is still applied.

Oh, yeah.

Yeah.

If there's any allowed parties or whatever.

Yeah.

We already have regulation that's already uh vegetation as is.

So if there's a party, I mean, that's obviously covered underneath other ordinances within within the code.

Okay, that was going to be my question, yeah.

And as for vegetation, that shouldn't be a problem since we already have we don't have any.

Or not vegetation, but keeping it in line.

Yeah.

We don't have any legislative vegetation closure.

Yes.

I don't know.

Restrictions to uh Commissioner Gars' point, that type of restriction would be hard to define.

I think.

It would be.

So there's obviously other uh codes and laws that cover other activities.

Uh-huh.

There's there's short-term rentals out there now, aren't there?

Correct.

Number two cover.

Did uh Commissioner Marks?

I don't want to interrupt Mr.

Howalt's train of thought there.

It's all right.

Which I just did.

Nope.

You're good?

So when you say 30 days or less, let's say somebody goes into a short-term rental and says I want it for six months.

Yeah, so that's where that ledger comes in, and so they bring it to us, and then we would not charge them lodgers tax on those days.

So we do have um hotels that come to us and they they show us their rooms and what their vacancy rates, and so we are able to uh adjust lodgers tax.

Okay.

I have a quick question.

Commissioner Sol?

Um can we cap the amount of vehicles that park for those short-term rentals?

Because we have to consider that it is also a residential area.

Uh so is that something we can do?

Yep.

Certainly could.

Okay.

I like that.

Yeah.

Yeah.

And some of the I mean, just for example, uh as we work our way through this, uh Ria DOSA limits the number of occupants.

It's hard to police.

I mean, unless it's obviously going to be complaint-based.

Um, but even from an advertising standpoint, so say that you had four bedrooms, I think they limit it to two adults per room.

And so that would allow for eight adults to be able to stay at that particular location.

Uh and so where they police that is based on how individuals are advertising that.

Um but that's that's something that uh um we're taking a look at as well.

I I would say just for your information.

I'm sorry.

I'm sorry.

I didn't say, no, even if this is approved today, these individuals will have to go back and apply for a business license once we have that process in place.

All existing ones, and they'll have to adhere to all of those rules once we put those in place.

So we just wouldn't have to do that.

We just couldn't could can could uh contain the number of vehicles and the number of persons per bedroom.

If you wanted to, but that's that may I'd say this.

I would caution on that part right now, because if that's something different than what we do for the other short-term rentals as we work our way through this process, we could have this set of rules that we've created for these individuals, and then because we applied that to the conditional use of the from a permitting standpoint, it could be different.

I would hope we wouldn't do that, but there I mean there's a chance.

I don't necessarily wanted to tie it to this today.

I was talking about your rules.

Yes, absolutely.

That's something that we could do when we're looking at establishing those.

Any other questions for Mr.

Howalt or the city?

Any more discussion amongst us?

No.

Thank you.

Okay.

So what is the will of the commission?

I motion to approve.

Motion to approve Commissioner Klein.

Second.

Second by Commissioner London.

Any more discussion?

All those in favor say aye.

Aye.

Aye.

Any opposed?

Same sign.

Motion passes.

Thank you.

Number three, uh just going to preface this by it's going to be the same same information, correct, from the city?

Correct, yes, sir.

But I'm going to read it for the record.

Requests approval for conditional use as short-term rental of Western Hills, block two, lot twenty-six, plus one foot of lot twenty-five.

That's kind of different.

Of 2037 Hull Street, Clovis, New Mexico.

I guess my only question would be the additional one foot into the next lot.

What is that for?

That's it's probably it's an older property, so probably when it sold there something was adjusted with a lot line or something.

They came into a fence or encroached or something.

So they were within one foot of the adjacent property line.

I see.

Because you could probably squeeze a bicycle, you know, in that one button.

And Mr.

Chairman, we didn't have any objections on this one either.

Noted, thank you.

What do we think?

Make a motion to approve.

Motion to approve of Commissioner Klein.

I'll second.

Second by Commissioner Sowell.

Any other discussion?

All those in favor say aye.

Aye.

Any opposed, same sign.

Motion passes.

Thank you.

For the good of the order.

Um I I just want to mention for the record that uh I'm going to miss uh Commissioner Smith.

I'm going to miss him for his knowledge, his fairness, his thoughtfulness, his wit, and uh just his friendship.

So I'm talking like he died, but you know, uh this is the only time I ever got to see Marcus.

So he will be missed.

Um given that, what is the disposition of that seat on the commission?

Yeah.

And Mr.

Chairman, we have advertised for that position.

Uh Mr.

Smith did decline to reapply for the position.

And so we have had it advertised.

We have not received any applicants uh so far.

So if you have any friends or family that would like to be a part of this uh commission as well, uh please let them know and and get uh go online to our application portal, I want to call it, and they can apply for for the kind of an open position, or was it specifically for education or that that's correct, it is an open seat.

Okay.

Yes, sir.

Within the City of Clovis.

Right.

Okay.

Anything else?

From the members of the Commission.

Mr.

Chair.

Uh you were talking about amending the UDO, correct, for the short-term rentals.

That's good.

Um are we going to do that at the next meeting, or do we not know?

Yeah, I am not going to tie my hands.

Great question.

Okay.

That's my only question.

November?

Uh yeah.

November 6th.

December 10th.

Chairman.

Next Wednesday.

I mean, next uh meeting, Wednesday, December 10th, Mr.

Jair.

I was going to say to Mr.

Howalt, you you you've learned a great lesson in talking about like promising you either promise an event or a date, but you don't do it in the same sentence.

Gotcha.

Yes, we will make a change.

Yes, we will make a change.

Absolutely.

But you don't put a date with it.

Nope.

Of course, we have the holidays coming up, staff time, work our way to the next one.

November 6th is coming up, just right around the corner.

Be here next year.

Before you know it.

Yeah, oh man.

Meeting adjourned.

Thank you.

Thank you.

And it is