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01-28-1992 1 1 2 3 CITY OF LAS CRUCES 4 5 PLANNING AND ZONING COMMISSION MEETING 6 7 HELD ON JANUARY 28 , 1992 8 9 7 : 30 P.M. 10 11 CITY COUNCIL CHAMBERS 12 13 14 15 COMMISSIONERS PRESENT: Eddie Perez , Acting Chairman Connie Sharpe 16 Kay Willis - Roger Lord 17 Beatriz Ferreira Ed Bailey ( arrived late ) 18 19 STAFF PRESENT: W. Mark Sims David Weir 20 21 22 23 24 25 SOUTHWESTERN COURT REPORTERS , INC. LAS CRUCES, NEW MEXICO 525-2002 2 1 CHAIRMAN PEREZ : Good evening, ladies and 2 gentlemen, we will call the meeting to order . This meeting 3 will be conducted following Roberts Rules of Order . If any 4 member of the public has a comment or questions that he or 5 she wishes to address to the commission, they will be 6 recognized by the chair Then they will state their names 7 so it will be entered into the permanent record of these 8 proceedings . 9 Each person will be recognized once and may address the 10 commission for a period not exceeding three minutes . if 11 someone has new or additional information, then that 12 individual will be given one additional minute to speak 13 after all citizens who wish to speak on the case have been 14 recognized. 15 When a large number of citizens wish to discuss the 16 case as a neighbordhood group, then 15 minutes will be 17 allowed for a group spokesperson, if one has been selected 18 by the neighborhood group as its representative . If this 19 spokesperson is elected, then all other citizens wanting to 20 speak on that case will be given one additional minute . 21 The Planning and Zoning Commission is meeting tonight 22 to have a public hearing on one zoning case , three zoning 23 code amendments and seven subdivisions , and to make 24 recommendations to the City Council to either approve or 25 deny the requests for zone changes , annexations or SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES, NEW MEXICO 525-2002 3 1 amendments to the zoning code . The City Council will make 2 the final decision on these requests at its meeting. 3 The Planning and zoning Commission will grant final 4 approval or denial on requests for all special use permits , 5 subdivisions and planned unit development at tonight' s 6 meeting. Any person adversely affected by the decision of 7 this commission may file a written appeal stating the 8 grounds for his appeal to City Council within 15 days of 9 this meeting. 10 Okay, the agenda calls for the approval of minutes for 11 October 22 , 1991 , and for the minutes of November 26th. 12 They are on the consent agenda as R-3 subdivision cases . 13 Does anyone wish to - - 14 COMMISSIONER SHARPE: Mr . Chairman, I move 15 for approval of the consent agenda. 16 COMMISSIONER FERRIERA: Second that. 17 CHAIRMAN PEREZ : Any discussion? 18 COMMISSIONER SHARPE: Call the question. 19 CHAIRMAN PEREZ : All in favor? All opposed? 20 (The motion carried unanimously, 5 to 0 . ) 21 CHAIRMAN PEREZ : The first item under old 22 business is subdivision case S-91-039 , a request for 23 preliminary plat approval of Dorbandt Subdivision. The 24 property is located at the southeast corner of Mars Avenue 25 and Venus Street. The plat contains 15 lots on a plus or SOUTHWESTERN COURT REPORTERS , INC. LAS CRUCES , NEW MEXICO 525-2002 4 1 minus 4 . 159 acres . Submitted by R. L Dorbandt. Is the 2 applicant present? 3 MR. SCANLON: Yes, Mr . Chairman. 4 CHAIRMAN PEREZ : Would you care to make a 5 presentation? 6 MR. SCANLON: I prefer to wait and hear the 7 staff comments and any public input and make my presentation 8 at that time , and then make my comments, if it would please 9 you. 10 CHAIRMAN PEREZ : Thank you, Mr . Scanlon. 11 MR. WEIR: Mr . Chairman, commission members, 12 this request is for preliminary plat approval for Dorbandt 13 subdivision. The subdivision contains 15 lots, two of which 14 already contain apartment dwellings . The 13 other lots will 15 be developed for single-family residential type homes . 16 The zoning is R-3 , which - - the proposal meets all the 17 requirements of the subdivision code with the exception of 18 the master drainage study. This study hasn' t been approved 19 by staff yet to their satisfaction. And today, speaking 20 with the engineering department, they still expressed 21 concerns about the steepness of the slope on the eastern 22 portion of the boundary, and would like the developer and 23 his engineer to be aware that there will be some difficulty, 24 or not necessarily difficulty but this will have to be taken 25 care of when they submit their construction drawings to meet SOUTHWESTERN COURT REPORTERS , INC. LAS CRUCES, NEW MEXICO 525-2002 5 1 the drainage requirements of this plat. 2 When staff reviewed this , it was taken to the 3 development and review committee . They recommended approval 4 of the preliminary plat subject to staff approval of the 5 master drainage study. 6 CHAIRMAN PEREZ • Thank you Mr . Weir . Mr 7 Scanlon? 8 MR. SCANLON: The master drainage study was 9 turned in. We went back and forth through the comment 10 phases of the approval process . And there was some question 11 as to acreages and things like that. 12 There was also a question of whether we should provide 13 on—lot ponding or a separate ponding area for the 14 subdivision. These are matters that I feel need to be 15 worked out in the final construction drawings for the 16 subdivision. We have the ability on this particular site to 17 do either one . It' s just a matter of working out the 18 grading plan and so forth to the satisfaction of the staff 19 in the final plat process where we review the construction 20 drawings . 21 As I said, we have the ability on this particular site 22 to do it either way, and we don' t have a particular problem 23 with either one . It' s just a matter of sitting down with 24 staff and working out a plan that staff is satisfied with 25 and that meets the goals of the developer . And I don' t see SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES , NEW MEXICO 525-2002 6 1 any problem with that whatsoever . And I don' t have any 2 problem with approving this subdivision contingent upon the 3 approval of that plan, because I think it' s a minor thing 4 that can be worked out during the final plot-approval 5 process . 6 As far as the slopes , we are quite aware of the slopes 7 and the conditions that exist. As you may know, this was a 8 property where an apartment project was started in 1984 , and 9 they had, during the course of beginning construction work, 10 plans for the construction of a wall , but there was a part 11 of that construction project that - - there was a collapse 12 of a substantial retaining wall to the east of this 13 property. And the matter ended up in litigation. And 14 finally my clients , the owners of the property, won the 15 litigation. They prevailed in that, and are now able to go 16 ahead with the development of this property. 17 The property is zoned R-3 , which would allow apartments 18 and so forth. It' s the desire of the developer to develop 19 it at this time into single-family, detached units . We 20 understand the need, because of the situation with the 21 retaining wall to the east of the property and the slopes 22 that exist, the differences in grades between this 23 subdivision and the apartment complexes that lie to the 24 north of it, that there will be some substantial work to be 25 done on the property. SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES, NEW MEXICO 525-2002 7 1 In order to mitigate any problems with that, we don' t 2 have any problem with doing that work . It' s a matter that 3 the developer wishes to develop this property in strict 4 accordance with the design standards , and that' s what we 5 plan to do both in the preliminary and final stages . 6 CHAIRMAN PEREZ : Mr . Scanlon, is that the 7 full text of your presentation? 8 MR. SCANLON: Yes . I would be happy to 9 answer any questions that anyone has beyond that? 10 CHAIRMAN PEREZ : We may have some additional 11 questions , some additional commissioner input. 12 At this particular point in time, we will open it to 13 public participation. 14 Does anyone in the audience wish to make any comments 15 regarding this application? 16 Okay, we will now open it to commissioner input. 17 Anybody on the commission have any questions regarding 18 this application? 19 COMMISSIONER FERRIERA: Mr . Chairman, I have 20 a questions for Mr. Scanlon or maybe staff. 21 With respect to this master drainage study, what is in 22 the works right now? I mean, apparently, you work on it 23 right; is that correct? 24 MR. SCANLON: That is correct. We have 25 submitted a drainage study, and it has been a matter of SOUTHWESTERN COURT REPORTERS , INC. LAS CRUCES, NEW MEXICO 525-2002 8 1 finding time over the recent holidays and so forth to be 2 able to sit down with staff and determine what was the ideal 3 way to handle the drainage on this project . 4 The drainage study that I submitted includes a proposal 5 for on-lot ponding and 100-yard setback to the edge of the 6 street as has been the practice in subdivisions of this type 7 in the past. 8 The staff' s desire at this point is to look at 9 alternatives, particularly in this case, to start looking at 10 alternatives in all subdivisions that we are going to be 11 doing in the city, as they come up in the years to come . 12 Alternatives to the on-lot ponding, alternatives to some of 13 the ways we have been handling drainage . 14 We have no problem with that. The problem has been 15 having the time to sit down with them and come to an 1-6 agreement as to how it should be handled. We don' t have any 17 problem with meeting staff' s criteria . 18 COMMISSIONER FERRIERA: The concern that we 19 had, I think, when we were out there viewing this parcel of 20 land was the slope is such a grade that we were trying to 21 imagine where one would put those on-lot ponding sites, or 22 how you would be controlling the drainage situation out 23 there . 24 MR. SCANLON: The grading plan that we 25 designed for this subdivision calls for removing a whole lot SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES , NEW MEXICO 525-2002 9 1 of that dirt and taking away a lot of that slope , providing 2 slope protection up against the existing walls, the 3 retaining walls that lie to the east, cutting down the site 4 a substantial amount and hauling the dirt away and creating 5 a much gentler slope from east to west across the 6 subdivision site . We can work it out either way from an 7 engineering standpoint . 8 You know, to satisfy the staff' s wishes on drainage , we 9 don' t have a problem with it, but we do intend - - it kind 10 of stands up there like a loaf of bread, and the grading 11 plans and so forth call for cutting a great deal of that 12 earth out of there and leveling it off. 13 COMMISSIONER FERRIERA: I note the church to 14 the south has a retaining wall of some sort, I guess, on the 15 east side of that lot. Is that something that you would be 16 looking at for the eastern boundary of that tract? 17 MR. SCANLON Something similar to that, 18 perhaps . We are still working out the final details . We 19 have a grading scheme for the property that indicates that 20 we will be hauling off a lot of material . We are working 21 out the final details , and we will work out the final 22 details of how we will protect against erosion and how we 23 will protect those slopes , with staff, as we go along. 24 It' s kind of new, because we were operating under new 25 subdivision regulations now. And there haven' t been that SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES , NEW MEXICO 525-2002 10 1 many subdivision that have come through with the new 2 regulations , so we are ending up in a situation where we 3 come before you for preliminary plat approval , and we don' t 4 have a lot of the nuts-and-bolts engineering worked out at 5 this stage of the game , although we do have the concepts in 6 mind how it' s going to be handled. But we don' t have the 7 nuts and bolts worked out. And when we go back for the 8 final approval phase , that' s where we get down to the nuts 9 and bolts with staff on those final details .. And of course , 10 those are subject to review and approval by the development 11 committee . 12 COMMISSIONER FERRIERA: I have no other 13 questions. 14 CHAIRMAN PEREZ : Any other commissioner 15 input? 16 COMMISSIONER SHARPE: I have some real 17 concerns about this, Ted This commission has made it very 18 clear that we are not going to approve any preliminary plats 19 until all the work has been done to the satisfaction of 20 staff. And here you come in with this. 21 I have a problem because this is not a minor drainage 22 study. This is not a minor problem that we could say, 23 "Well , what the heck , it' s going to get worked out, so we 24 will just go ahead an approve it subject to the drainage 25 plan. " SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES, NEW MEXICO 525-2002 11 1 I also feel very strongly about not approving this 2 preliminary plat as it is presented to us today, because we 3 have a letter in the packet from Steven Miller who lives 4 right behind this property. And he ' s quite concerned about 5 it. And unfortunately he has to be out of town, and he 6 can' t be here . and I would feel remiss in approving this 7 without his having an opportunity to have his input on this 8 since it would vitally, I mean vitally affect his property 9 That' s all I have, Mr . Chairman. 10 MR. SCANLON: Okay, I did read the letter 11 from Mr . Miller . And his concerns were basically over 12 whether or not this subdivision would obstruct his views . 13 And obviously his lot is very high compared to this land as 14 it sits right now. This land is going to be cut down a lot 15 more . We do not anticipate any problem whatsoever . In 16 fact, I don' t think from his place he would even be able to 17 see the buildings in this subdivision. He did have an 18 opportunity to present his case to you as he did in his 19 letter . I am sorry that he wasn' t able to be here also, but 20 I am not certain that that is a cause to delay the action of 21 the subdivision because there are also probably 100 other 22 owners in the area that did not register any protest. 23 As far as the master drainage plan, the master drainage 24 plan is just that. It' s a very sketchy, to say the least, 25 proposal as to how the drainage is going to be handled. SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES , NEW MEXICO 525-2002 12 1 We did meet those submittal requirements with this 2 subdivision submittal . We turned in a submittal requirement 3 that met all the requirements for the submittal as the 4 preliminary plat states . The reason we are doing a 5 preliminary plat and final plat now is to give us time to 6 work out these details with staff 7 If I had submitted a proposal that was somehow 8 deficient in its content, then perhaps you may have a reason 9 to use that as a tool to vote no. But I don' t see that 10 having a need for more time to work out--which is what the 11 subdivision regulations allow us to do--as a reason to vote 12 against this subdivision. 13 COMMISSIONER SHARPE: Mr . Chairman. There is 14 also, in the packet, Mr . Scanlon, a letter from--and I can' t 15 really read the name--wherein he says there is also a 16 drainage problem on Mars Avenue after a heavy rain, and the 17 edges of the pavement between Venus and Del Rey which washes 18 out and the pavement gets covered with mud making driving 19 there hazardous . More traffic will only aggravate this 20 condition along with planned construction. He also talks 21 about the drainage problems elsewhere . 22 I feel that, Ted, you have got logical reasons to 23 argue , because you want to make sure that staff and you can 24 work things out if we give this preliminary approval . But I 25 feel that there are so many unanswered questions that it SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES , NEW MEXICO 525-2002 13 1 would be better if we follow the code as we wrote it and go 2 ahead and have you complete your preliminary work with staff 3 and then present it to the commission. And then everything 4 would run more smoothly, I am sure . 5 MR. SCANLON: As I stated, we have completed 6 our preliminary work . We are in the stage now - - 7 COMMISSIONER SHARPE: The drainage study is a 8 part of the plat approval . 9 MR. SCANLON: And the drainage , as submitted, 10 was complete , Ms . Sharpe . The philosophies of the nuts and 11 bolts of how the drainage is going to be done is a matter to 12 be worked out in the final plat approval process . That' s 13 the way the code is written to work . 14 To be honest with you, I couldn' t read the name on that 15 letter either . I think that part of - - obviously his 16 questions have to do with drainage and so forth, and there 17 is a proposal - - the city is working now toward developing 18 a drainage and improvement plan for some of the streets 19 within that area. They have been working on it for about 20 three years, because I have got a couple of clients affected 21 by that project. And I have been working with them and 22 working with staff on those proposals for a great deal of 23 time . I expect, and I believe staff also expects , that the 24 work will begin to mitigate some of the problems that they 25 have in that area with unfinished streets by early summer . SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES, NEW MEXICO 525-2002 14 1 So this subdivision obviously - - I would explain one more 2 thing. This subdivision is not going to be built until 3 Venus Street is improved. We are not going to add any 4 additional traffic until that street is upgraded. 5 The developer has no desire to build this subdivision 6 until that is done, because he doesn' t want to add to the 7 problem there . And he wants better access to his 8 development. And that is one of his concerns . And I can 9 tell you now it' s his desire not to build that subdivision 10 until that street is finished. And so, I believe that would 11 go a long way towards mitigating some of the problems of the 12 one person that wrote in from 3305 Jupiter Road. I wish I 13 could read the name . 14 COMMISSIONER SHARPE: I had the same problem. 15 May I ask staff a question. 16 CHAIRMAN PEREZ : Go ahead. 17 COMMISSIONER SHARPE. Mr . Weir , is it the 18 feeling of the staff that there is no reason not to grant 19 this preliminary approval , or does staff feel like they 20 would like to see us go ahead and conform to the subdivision 21 code as it was approved by us and by the City Council? 22 MR. WEIR: Maybe I can reference your 23 question in regards to what the preliminary plat approval 24 was meant to do at the preliminary plat stage . It' s meant 25 at that stage to identify possible problems with the SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES , NEW MEXICO 525-2002 15 1 subdivision and to discuss various solutions that would be 2 acceptable to city staff, to the developer , and to allow 3 quality development in a residential area 4 And that is the same intent of the master drainage 5 study, to identify any drainage problem that may exist with 6 development of property, and for the developer to provide 7 solutions on how they are planning on tackling those 8 solutions . 9 As I have already stated, the plat itself is in 10 conformance with the zoning code, and subdivision 11 regulations . The only sticking point is on the master 12 drainage study, and Marty Pillar from ,staff is here from the 13 hydraulic department. He might be able to comment further 14 from an engineering standpoint what the city would like to 15 see in a master drainage study. He may be able to answer 16 your questions . 17 COMMISSIONER SHARPE: Okay, Marty, you are 18 on. You are on stage . 19 MR. PILLAR: Okay, one of the questions that 20 we are looking at on this is mainly going to be the on-lot 21 ponding and how that is going to work . 22 Mr . Scanlon has mentioned a grading plan showing this 23 stuff, and my reviews that I have had on this subdivision, 24 which have been two I have not seen a grading plan. I 25 don' t know if it was submitted and I just didn' t receive it, SOUTHWESTERN COURT REPORTERS , INC. LAS CRUCES , NEW MEXICO 525-2002 16 1 or what. But as far as location of the on-lot ponding, I 2 haven' t seen anything like that . And if he is going to be 3 cutting out a considerable amount of material out of this 4 subdivision, it' s still going to be a good engineering feat 5 to get all of this worked out. I am sure it can get done. 6 But at this point, I haven' t seen anything concerning that 7 on-lot ponding and things like that. 8 CHAIRMAN PEREZ : Mr . Scanlon, I would like to 9 ask - - going back to the improvements you mentioned about 10 the improvements on Venus Street. One of the issues is--and 11 I heard you agree to it one way or the other - - one of the 12 issues is that the developer will be responsible for 50 13 percent of the drainage and street improvements to Venus 14 Street - - 15 MR. SCANLON: I am glad you brought that up, 16 because I need to make a comment about that . 17 The developer has a letter that was written to the city 18 probably five years ago indicating his desire to participate 19 in the development of Venus Street with this project 20 bordering on his subdivision. This note in the staff 21 comments, does not say bordering the subdivision. And it 22 could be construed that the applicant would be responsible 23 for 50 percent of the improvements to Venus Street along its 24 entire length. And I would like the minutes of the meeting 25 to reflect that the fact that the developer is desirous of SOUTHWESTERN COURT REPORTERS, INC . LAS CRUCES , NEW MEXICO 525-2002 17 1 providing 50 percent of the improvements to Venus Street as 2 it is adjacent to this subdivision and in accordance with 3 the subdivision regulations . 4 CHAIRMAN PEREZ : So, then, I assume , that 5 item number three of - - that you will be responsible for 6 the curb and sidewalk improvements? 7 MR. SCANLON: Yes . And our construction 8 drawings reflect that. 9 I could mention or make a minor answer to Mr . Pillar' s 10 comments and say one other thing, and then I will be quiet. 11 But we have compiled the construction drawings that he 12 mentioned. Those - - we had planned to submit those within 13 the next day or so to start - - to begin the final plat 14 process . 15 The preliminary plat process, as Mr . Weir so eloquently 16 iterated - - the purpose of the preliminary plat process is 17 to identify problems and identify solutions to those 18 problems as we have discussions with staff. And that is 19 what we have done in the case of the grading and drainage 20 and everything else . And we know now what the problems are 21 perceived to be with the subdivision, and we are beginning 22 to address those with our construction plans . 23 We have , as I have said, created a set of construction 24 plans which we will turn in within the next day or so to 25 begin the final plat process . And those discussions with SOUTHWESTERN COURT REPORTERS, INC . LAS CRUCES , NEW MEXICO 525-2002 18 1 staff that we will have as we go along in this next phase 2 will iron out all of those problems . When it' s time for the 3 development review committee to review this subdivision as 4 to final approval , there will be no questions as to what is 5 going to be done . The problems will all have been 6 identified, and they will all have been solved by that 7 point. 8 The other thing that I want to say is, I don' t believe 9 David' s answered Ms . Sharpe' s question as to whether or not 10 staff felt like we should try to get this case approved 11 tonight and move on with the final plat process . 12 CHAIRMAN PEREZ : Mr . Weir, you are on? 13 MR. WEIR: Staff would be comfortable with 14 approval of the plat and with the condition that the master 15 drainage plan be approved at a later date . We wouldn' t 16 bring the final plat before you for approval until that 17 condition had been met . 18 CHAIRMAN PEREZ : That' s fine . 19 COMMISSIONER SHARPE : Mr . Chairman, I would 20 like to amend the motion to postpone this until the final 21 drainage plan has been approved by staff and that it come 22 back then. I make this motion so that a denial would not 23 require him to pay another fee to bring this plat before 24 this commission. And I think that this engineering problem 25 is not just a minor problem, I think it' s a major SOUTHWESTERN COURT REPORTERS , INC. LAS CRUCES, NEW MEXICO 525-2002 19 1 engineering problem, and I am going to make this motion on 2 the strength of--I am sorry, I can' t think of your name 3 right now--Marty Pillar ' s comment. And that' s my motion, 4 Mr . Chairman. 5 CHAIRMAN PEREZ : We have a motion to 6 postpone . Do we have a second? 7 COMMISSIONER WILLIS : Second. 8 COMMISSIONER FERRIERA: I have a question. 9 Has it been the commission' s policy to do these kinds of 10 things in the past, where we go ahead and approve with that 11 sort of condition on this particular factor of the master 12 drainage study, because I am sure we want to be consistent 13 with our prior policy or - - 14 MR. WEIR: Commissioner Ferriera, under the 15 new subdivision code - - this is the first time that this 16 issue has been been brought before you. Under the old 17 regulations , if there were minor problems , you could leave 18 it to be resolved through the staff . 19 COMMISSIONER FERRIERA: So under the old, if 20 it was a minor situation, we would leave it up to staff. 21 And if we think it' s a major issue , then we could handle it 22 however the commission felt would be appropriate? 23 MR. WEIR: That is correct. 24 COMMISSIONER FERRIERA: And postponing the 25 situation, it would not require the applicant to pay fees SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES, NEW MEXICO 525-2002 20 1 anew; is that correct? 2 MR WEIR: I am sorry? 3 COMMISSIONER FERRIERA: Would there be any 4 financial burden on the applicant to reapply if it was 5 postponed? 6 MR. WEIR: The only time we would have to 7 submit fees again is if you denied the proposal , and then he 8 would have to resubmit . 9 COMMISSIONER SHARPE: That' s what I said. 10 MR. WEIR: Just to add another comment, staff 11 doesn' t see this as a major problem with the drainage . We 12 just wanted it brought to your attention and brought - - and 13 made a part of the public record that there are drainage 14 problems that are potentially - - that are a potential to 15 happen on the site, but there are solutions that can be 16 reached. It' s just that they haven' t been presented to 17 staff at this time . 18 COMMISSIONER FERRIERA: I think it' s a major 19 problem myself. Living in a flood zone , I see it as a major 20 problem living in a flood zone where it floods every time it 21 rains. I see it as major problem. 22 CHAIRMAN PEREZ : Mr . Scanlon, on there , you 23 mentioned that on this grading plan that you are going to be 24 performing on this property--and we are very well aware of 25 the tremendous slope that you have got there--in SOUTHWESTERN COURT REPORTERS , INC. LAS CRUCES , NEW MEXICO 525-2002 21 1 relation - - are you contemplating doing terracing, or are 2 you just going to cut it down similar to the land adjacent 3 to the church, immediately south of the property? 4 MR. SCANLON: A combination of both. There 5 will be some terracing along that east side . The property 6 will be cut down some , and there will also be some slope 7 protection, some concreted, rock slope protection along 8 parts of those rear yards there, too, to mitigate erosion 9 or, you know, any problems with washing away of any soil in 10 a rain storm. Those will all be done . All of those 11 improvements will be constructed in accordance with the 12 design standards . 13 So as I mentioned before, the developer has no desire 14 to do anything that' s not in comformance with all the 15 regulations on this project. 16 CHAIRMAN PEREZ : Okay, any more comments? 17 If not, we will go on to the vote And we will take roll . 18 Commissioner Ferriera? 19 COMMISSIONER FERRIERA: We are voting on the 20 amendment to postpone? I ' ll vote aye on that. 21 COMMISSIONER LORD: Aye . 22 COMMISSIONER WILLIS : Aye . 23 COMMISSIONER SHARPE: Aye . 24 CHAIRMAN PEREZ : Aye . 25 The item is postponed. And do we want this postponed SOUTHWESTERN COURT REPORTERS , INC. LAS CRUCES , NEW MEXICO 525-2002 22 1 until the issue regarding the master drainage plan is 2 resolved; is that correct? 3 COMMISSIONER SHARPE: Yes , that is right, Mr . 4 Chairman. 5 CHAIRMAN PEREZ : The next case is 5-91-043 . 6 This is a request for final plat approval of Foothills 7 Subdivision. The property is located generally south of 8 Foothills Road. The plat contains 55 lots on plus or minus 9 30 . 203 acres, zoned R-2 , R-3c and R-4c submitted by 10 Magnum/Camino Real Ventures . A request to postpone . 11 Do I have a motion? 12 COMMISSIONER LORD: So moved. 13 COMMISSIONER FERRIERA: Second. 14 CHAIRMAN PEREZ : Any discussion? 15 All in favor say aye . 16 ( Commissioners Ferriera, Lord and Willis 17 voted aye as the vote was called. 18 Commissioner Sharpe interrupted the voting 19 as follows : ) 20 COMMISSIONER SHARPE: I have a question to 21 ask, Mr . Chairman. How long is this going to be before we 22 get this? How long is it before we are going to get this? 23 It looks familiar . Haven' t we had this before? 24 MR. WEIR: It has come before you as a 25 preliminary plat . And it has also been scheduled for your SOUTHWESTERN COURT REPORTERS , INC. LAS CRUCES , NEW MEXICO 525-2002 23 1 meeting. They just haven' t provided all the information on 2 their plat as anticipated. One of the reasons this was put 3 on the agenda is - - again, the regulation states if all of 4 their materials are provided by the deadline date , it will 5 automatically go on the agenda. Some of the information was 6 inaccurate, and they have been working on correcting it. It 7 hasn' t all been corrected as of the date of this meeting. 8 COMMISSIONER SHARPE: Thank you. 9 CHAIRMAN PEREZ : Any more discussion? 10 All in favor 11 ( Chairman Sharpe and Perez voted aye . The 12 motion passed 5 to 0 . ) 13 CHAIRMAN PEREZ : The next case is zoning case 14 22186 , a request for zone change from R-3 high density 15 residential to C-2 general commercial-conditional , or 16 otherwise on a plus or minus 4 . 2-acre parcel located on the 17 northeast corner of E1 Paseo and Farney Submitted by Gary 18 Krivokapich. 19 May I have a motion? The request is to postpone . May 20 I have a motion to postpone? 21 COMMISSIONER FERRIERA: Mr . Chairman, I move 22 to postpone case Z2186 . 23 COMMISSIONER SHARPE. Second. 24 CHAIRMAN PEREZ : All in favor say aye . 25 ( The motion passed unanimously. ) SOUTHWESTERN COURT REPORTERS , INC. LAS CRUCES , NEW MEXICO 525-2002 24 1 CHAIRMAN PEREZ : The next case under new 2 business is S-91-030 , a request for final plat approval of 3 Charro Subdivision No. 5. The property is located east of 4 Beyer Road and west of Napolito Road. The proposal contains 5 three lots on plus or minus 4 .99 acres, zoned EE . Submitted 6 by Oskar and Joann Strauss . 7 Is the applicant present? 8 MR. CAMPOS : My name is Ernie Campos . I am a 9 draftsman with Moy Surveying. The applicant is present at 10 the time . 11 CHAIRMAN PEREZ : You are going to be 12 representing the applicant? 13 MR. CAMPOS : Yes. They are present also. 14 MR. STRAUSS : I am Oskar Strauss . He is my 15 technical expertise? 16 CHAIRMAN PEREZ : Would you like to make a 17 presentation now? 18 MR. CAMPOS : I would like to wait until 19 staff - - 20 CHAIRMAN PEREZ : Okay, we will go ahead and 21 go to Mr . Weir . 22 MR. WEIR: Chairman Perez , commission 23 members , this is a case for final plat approval of Charro 24 Subdivision No . 5 . What it is, it was an unplatted parcel 25 of land that contained three lots . What they are asking for SOUTHWESTERN COURT REPORTERS , INC. LAS CRUCES , NEW MEXICO 525-2002 25 1 now is to rearrange the lot lines . It will still have three 2 parcels or individual lots . The applicant has also agreed 3 to provide and dedicate additional right of way to the City 4 of Las Cruces . 5 The plat itself meets the requirements of the 6 subdivision code and meets the minimum requirements of the 7 zoning code . And staff recommends approval of the 8 submittal . 9 CHAIRMAN PEREZ : Mr . Strauss, would you like 10 to make a presentation? 11 MR. STRAUSS : No . I agree with staff that 12 these things have been agreed to . Initially, I thought it 13 was going to be on the consent agenda, unless there was some 14 opposition. There was no opposition. I thought it should 15 have been on the consent agenda. 16 MR. WEIR: Right. 17 CHAIRMAN PEREZ : It didn' t have an asterisk 18 in front of it, so we will go through the process . 19 Do you have any presentation that you want to give at 20 this point? 21 MR. CAMPOS : Not at the moment. 22 CHAIRMAN PEREZ : Then at this point in time 23 we will open it to public participation. Does anybody in 24 the audience wish to make a comment regarding this 25 application on case 591043? SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES, NEW MEXICO 525-2002 26 1 We will open it now to commissioner input. Anybody on 2 the commission wish to make a comment? 3 MR. FERRIERA: Mr . Chairman, I don' t have a 4 problem with this request at all . I think it' s pretty 5 simple and clear cut. 6 CHAIRMAN PEREZ : Anybody else? 7 I don' t have any concerns with it either . We will go 8 on to vote . We will go ahead and call the roll . 9 Commissioner Ferriera? 10 COMMISSIONER FERRIERA: Do we need a motion 11 first? 12 CHAIRMAN PEREZ : Do I have a motion to 13 approve this? 14 COMMISSIONER FERRIERA: So moved. 15 COMMISSIONER LORD: Second. 16 CHAIRMAN PEREZ : I ' ll call the roll . 17 Commissioner Ferriera? 18 COMMISSIONER FERRIERA: Aye . 19 COMMISSIONER LORD: Aye . 20 COMMISSIONER WILLIS : Aye. 21 COMMISSIONER SHARPE: Aye . 22 CHAIRMAN PEREZ : Aye . 23 (Motion carried 5 to 0 . ) 24 ( Commissioner Bailey arrived at 8 : 15 p.m. ) 25 CHAIRMAN PEREZ • Okay, we will go on to case SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES , NEW MEXICO 525-2002 27 1 5-91-034 , a request for final approval of Las Alturas 2 Subdivision replat No. 4 . The property is located east of 3 Las Alturas Drive . The replat contains two lots on plus or 4 minus 12 .74 acres zoned A-2 and ER3 . Submitted by Shirley 5 Dundon. 6 Is the applicant present? Okay, may I have a motion to 7 approve case 5-91-034? 8 COMMISSIONER SHARPE: Mr . Chairman, I move 9 for approval of case 5-91-034 . 10 COMMISSIONER FERRIERA: Second. 11 CHAIRMAN PEREZ : Are you Ms . Shirley Dundon? 12 MS . MIERA: No . I am Roxanne Miera with 13 GMA, Incorporated, representing Ms . Dundon. 14 CHAIRMAN PEREZ : Would you care to make a 15 representation now or - - 16 MS . MIERA: No, unless there are any 17 questions . 18 CHAIRMAN PEREZ : We will go on to staff. 19 MR. WEIR: Commissioners and Mr . Chairman, 20 this is similar to the last case . It' s a platted 21 subdivision that contains two lots . The reason that it' s 22 being brought before you is that they are moving a lot line 23 to place the current house on one of the other lots . It 24 meets the requirements of the subdivision code and zoning 25 regulations . It' s just another - - as a point of interest, SOUTHWESTERN COURT REPORTERS , INC. LAS CRUCES, NEW MEXICO 525-2002 28 1 this property is half in the city and half in the county, so 2 next week it will go before the ETZ Commission for their 3 action also. But staff is recommending approval of the 4 subdivision. 5 CHAIRMAN PEREZ : Do you have any comments you 6 want to make? 7 MS MIERA: No, sir . The only reason this is 8 being done, basically, is in preparation for inheritance 9 purposes. 10 CHAIRMAN PEREZ : Okay, we will go ahead and 11 open it to public participation. Anybody in the audience 12 wish to make any comments regarding this application? 13 MR. Foiani : My name is Don Foiani and I live 14 on the property that' s a rectangular-shaped property 15 adjacent to these two lots . And I am just curious what the 16 current zoning is for the present two lots , and whether that 17 will change with this subdivision that' s changing lot-line 18 boundaries? 19 MR. WEIR: The zoning on the property will 20 not change . What it is is an A-2 agriculture zone within 21 the City of Las Cruces . And what that requires is a minimum 22 lot size of five acres . The zoning on the parcel in the 23 county is ER3 , which is a one-acre minimum lot size for 24 site-built homes only. And the zoning would not change with 25 the approval of this subdivision. SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES, NEW MEXICO 525-2002 29 1 MR. FOIANI : Thank you. 2 CHAIRMAN PEREZ : Anybody else in the audience 3 wish to make any comments regarding this case? 4 If not, we will open it to commissioner input. 5 COMMISSIONER SHARPE : Mr . Chairman, I would 6 like to know who is going to maintain that private road 7 easement? Is this all one property? He said he owned the 8 property in the rectangle , and I am trying to figure out 9 what rectangle he is talking about. 10 MR. WEIR: It' s right here . 11 COMMISSIONER BAILEY: Does that road 12 currently exist? 13 MR. WEIR: What the road for is to provide 14 access to the back lot currently. It' s a land—locked parcel 15 of land, so an easement is required to provide access to it. 16 If the property facing Las Alturas is ever developed, first 17 they would have to get a zone change to allow it to be split 18 into a smaller lot. And then, also, a road would have to be 19 developed and dedicated to the city at that time . 20 CHAIRMAN PEREZ : Any other comments? 21 If not, we will go on to vote . 22 May I have a motion for approval . . 23 COMMISSIONER SHARPE: There is already a 24 motion. We need to call for the vote . 25 CHAIRMAN PEREZ : I ' ll call the roll . SOUTHWESTERN COURT REPORTERS , INC. LAS CRUCES, NEW MEXICO 525-2002 30 1 Commissioner Ferriera? 2 COMMISSIONER FERRIERA: Aye . 3 COMMISSIONER LORD: Aye . 4 COMMISSIONER BAILEY: Aye . 5 COMMISSIONER WILLIS : Aye . 6 COMMISSIONER SHARPE: Aye . 7 CHAIRMAN PEREZ : Aye 8 (The motion carried unanimously 6 to 0 . ) 9 CHAIRMAN PEREZ : The application is approved. 10 The next case is S-91-038 , a request for final plat approval 11 of Elephant Butte Land and Trust Company, Subdivision A, 12 Replat 21 . The property is located north of Hatfield Road 13 and south of Kennedy Road. 14 The proposal contains three lots on plus or minus 5 . 5 15 acres zoned REM. Submitted by Richard Valverde . Do I have 16 a motion to approve case 5-91-038? 17 COMMISSIONER SHARPE I move for approval of 18 case 5-91-038 . 19 COMMISSIONER BAILEY: Second. 20 CHAIRMAN PEREZ : Is the applicant present? 21 MR. SCANLON: I am Ted Scanlon. I represent 22 the applicant on this case . 23 CHAIRMAN PEREZ : Mr . Scanlon, would you care 24 to make a presentation now? 25 MR. SCANLON: I ' ll make a short presentation SOUTHWESTERN COURT REPORTERS , INC. LAS CRUCES, NEW MEXICO 525-2002 31 1 now, but I will be happy to answer questions or concerns 2 anyone might have . The subdivision came about as a result 3 of my client' s desire to sell a portion this property. 4 He has acquired the property over a period of time in 5 several smaller parcels to make up a single contiguous 6 parcel that was created from smaller parts . In his desire 7 to sell the property, it was determined that the property in 8 the configuration that it existed perhaps constituted an 9 illegal subdivision. So it' s became his desire, obviously, 10 to clear that matter up. 11 We went into staff and had some discussions on how that 12 should best be accomplished, and this subdivision is the 13 result of those discussions . 14 There are some variances that were suggested in those 15 meetings with staff to help facilitate this subdivision 16 being done , so that the lots could be cleaned up and so that 17 they could become legal and conforming with the current 18 regulations . 19 MR. WEIR: Chairman Perez , commission 20 members, as Mr . Scanlon has stated this was a parcel of land 21 that was acquired by the applicant over a period of some 22 time . The applicant attempted to sell a portion off. At 23 that time it was determined that several lots that he had 24 were created without conforming to the subdivisions 25 regulations in effect at that time . SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES, NEW MEXICO 525-2002 32 1 Staff met with the applicant and the applicant' s 2 representative over several times, and it was felt that the 3 best way to clean up this problem would be to do a 4 subdivision plat and request the variances, get the property 5 platted to bring it up to as much conformance as possible to 6 the current subdivision code . Therefore, the staff supports 7 the three variances requested. 8 The first variance was to approve a preliminary and 9 final plat at that time . 10 The second was to waive a grading plan. 11 And the third variance was not to require any road 12 improvements on Hatfield or Kennedy Roads . 13 Staff would also like to note that the applicant has 14 agreed to dedicate additional rights of way on Hatfield and 15 Kennedy Roads . Such a step will allow the city to go in and 16 grade that property and improve it at a later date . 17 Due to the fact that it will bring this property into 18 conformance as much as possible, and it will not penalize 19 the current property owners, staff recommends approval of 20 subdivision plat. 21 CHAIRMAN PEREZ : Thank you, Mr. Weir . Any 22 additional comments you wish to make , Mr . Scanlon? 23 MR. SCANLON: No, I don' t have anything. 24 CHAIRMAN PEREZ : Okay, we will go ahead and 25 open it to public participation. Anybody in the audience SOUTHWESTERN COURT REPORTERS , INC. LAS CRUCES, NEW MEXICO 525-2002 33 1 wish to make any comments regarding case 5-91-038? 2 If not, we will open it to commission input? Anybody 3 on the commission wish to make any comments? 4 COMMISSIONER SHARPE: Mr . Chairman, what 5 about sidewalks? You don' t say anything in here about the 6 variance on sidewalks? 7 MR. WEIR: All parcels of property that will 8 be created greater than three quarters of an acre, under 9 current standards, do not require sidewalks adjacent to 10 roadways of that lot size . 11 COMMISSIONER SHARPE: I see one lot - - three 12 quarter acre, is it? Well that' s a strange rule . I guess 13 it' s all right. I am speaking of this long lot three . 14 I don' t have any other questions , Mr . Chairman. Thank 15 you. 16 CHAIRMAN PEREZ : Any other comments? 17 COMMISSIONER FERRIERA: I just had a real 18 quick question. The handout states that the proposal is to 19 create three lots . How many lots are in existence now? Is 20 it just one big parcel , because it says it was bought at 21 different times . I was wondering what existed there prior? 22 MR. WEIR: I am not sure how many deeds were 23 obtained on the lots . The lot that precipitated this 24 request was this lot here . There was a separate deed on it. 25 At the same time , the applicant chose to also plat SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES , NEW MEXICO 525-2002 34 1 other property he owned in the same area and tried to clean 2 up all the property he possessed and bring it in conformance 3 with the code . So in essence what he would be doing is 4 creating a two-and-a-quarter-acre lot here , a 5 two-and-a-quarter-acre lot here , and a one-acre tract here 6 COMMISSIONER FERRIERA• My question is , what 7 did it look like before? What are we creating this out of? 8 Was it like one big parcel , because he indicates that he 9 bought it at different times? 10 MR. WEIR: I would say that it would roughly 11 reflect what was on the plat. 12 MR. SCANLON: Exactly that. The plat would 13 reflect what it was . 14 COMMISSIONER BAILEY: Why didn' t the title 15 insurance pick up some of the irregularity while he was 16 purchasing the property? 17 MR. SCANLON: Purchases were used, if you 18 will , utilizing real estate contracts over a period of time , 19 prior to even - - prior to the property being brought into 20 the city. 21 At that time, it was difficult, as it even is today, 22 for the title companies sometimes to pick up the entire 23 picture when they look at a area like this . And although my 24 client is unaware that anything was amiss here until after 25 the property came into the city, the title companies would SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES, NEW MEXICO 525-2002 35 1 not have necessarily picked those up, especially if, as was 2 the case- in this particular case , the transactions took 3 place over a great deal of time , with a good deal of time 4 between the transactions . 5 COMMISSIONER BAILEY: Call for the vote . 6 CHAIRMAN PEREZ : You are calling the 7 question? 8 MR. WEIR: Chairman Perez , you will also need 9 to make some type of motion on the variance request. 10 CHAIRMAN PEREZ : We need to - - 11 COMMISSIONER SHARPE: I made the first 12 motion, right? 13 Mr . Chairman, I would like to amend my motion to read 14 that this subdivision is approved subject to the filing 15 variances, number 1( a) a variance to allow the preliminary 16 and final plat to be approved upon currently, (b) a variance 17 to not provide a drainage study and grading plan and ( c ) a 18 variance to not make road improvements to Hatfield Road and 19 Kennedy Road. 20 COMMISSIONER FERRIERA: Second. 21 CHAIRMAN PEREZ : We have a second. Any 22 discussion? 23 Okay, we will go ahead and vote on the approval with 24 the three variances as stated. 25 Commissioner Ferriera? SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES , NEW MEXICO 525-2002 36 1 COMMISSIONER FERRIERA. Aye 2 COMMISSIONER LORD: Aye 3 COMMISSIONER BAILEY: Aye . 4 COMMISSIONER WILLIS : Aye . 5 COMISSIONER SHARPE: Aye . 6 CHAIRMAN PEREZ : And the chairman says aye . 7 ( The motion carried unanimously 6 to 0 . ) 8 CHAIRMAN PEREZ : Okay, the next case is a 9 zoning case 22193 . A request for a zone change from R-1 10 ( low density residential ) to R-2 (medium density 11 residential ) or otherwise on a plus or minus . 166-acre 12 parcel located in the 1600 block of Ash Avenue . Submitted 13 by Yolanda Diaz . 14 Is the applicant present? 15 MS. DIAZ : Yes . 16 CHAIRMAN PEREZ : Ms . Diaz , would you like to 17 make a presentation now or wait until staff - - 18 MS . DIAZ : I would like to say something 19 first. The property, the way it stands, is vacant, and it' s 20 four lots. So my interest is to make full residential use 21 out of it. So I would like to try to put townhouses very 22 similar to what' s across the street. 23 MR. WEIR: Chairman Perez , commission 24 members, this is a request for a zone of R-1 to a change of 25 R-2 . The intended purpose of that, as the applicant stated, SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES , NEW MEXICO 525-2002 37 1 is to develop the property with townhouse dwelling units . 2 As the applicant also stated, the property is currently 3 vacant and is located within a block of primarily 4 single-family residential homes . Single-family residential 5 homes are also located south of the property. And to the 6 north, there is a mixture of townhomes and single-family 7 homes . 8 The impact of this zone change will have two points . 9 The first is the development of this property in a townhouse 10 development would be a greater density than exists . And the 11 second would be a change in the neighborhood, the character. 12 Rather than the single family homes, it would end up with a 13 mixture of residential homes - - excuse me, of higher 14 density residential homes and a mixed family, mixed unit 15 block . 16 In the staff report, staff comments that the 17 comprehensive plan contains language which encourages 18 neighborhoods to develop a sense of community, character and 19 stability, and, therefore, a maintenance of existing 20 neighborhoods . From this standpoint, staff feels that the 21 R-1 zone is the most appropriate zone of the property. The 22 applicant would still be able to put two family residential 23 parcels on the lot, and staff basically feels this would be 24 a more appropriate zone for the property. 25 CHAIRMAN PEREZ : Ms . Diaz , do you have any SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES, NEW MEXICO 525-2002 38 1 other comments you wish to make? 2 MS . DIAZ : I guess I kind of feel it would 3 look out of character , and I really don' t think so with 4 what' s across the street and what' s in the near 5 neighborhood. 6 I understand that the block has the single homes, but 7 there are other areas in town that do have the mixture , and 8 I don' t see that there is a problem there . 9 CHAIRMAN PEREZ : Thank you. 10 At this point, we will open it to public participation. 11 Anybody in the audience wish to make any comments regarding 12 this application? 13 Would you please stand up to the podium and state your 14 name please . 15 MR. CHAMBERS : I am Neil Chambers . I live at 16 1620 Ash, the second house over from the vacant lot in 17 question. I 've discussed this with three of my neighbors . 18 Two of them indicated some degree of concern. One , because 19 they are fearful of reduction, ultimately, in property 20 values . The other is concerned about possible change in the 21 general character of the neighborhood. 22 I notice that there is still another member of the 23 neighborhood present with whom I haven' t spoke . Perhaps he 24 can shed some light on his views with regard to the property 25 value . SOUTHWESTERN COURT REPORTERS , INC. LAS CRUCES, NEW MEXICO 525-2002 39 1 I am given two completely separate stories . The county 2 assessor tells me that the inception of an R-2 property 3 would make no necessary change immediately in the R-1 4 properties abutting to it . 5 My real estate agent, however , says , all other things 6 considered, an R-1 property abutting upon R-2 is less 7 valuable than an R-1 property abutting upon R-1 . 8 COMMISSIONER SHARPE: Could you speak louder , 9 sir, I can hardly hear you. 10 MR. CHAMBERS : I tend to believe both views . 11 I think that what will probably happen is if we have an R-2 12 moving into that side of the street there will be no 13 immediate change in value , but eventually there may be a 14 slight decline in real dollar value of the neighboring 15 properties . 16 The other concern, however, is the one that bothers me . 17 I used to work for a fellow who was always worried about 18 camels getting their noses under the edge of his tent. He 19 said as long as the camel stays outside of the tent, things 20 are all right. But once the camel gets his nose under the 21 canvas, pretty quick you will have a camel in the tent with 22 you. 23 I think here - - I doubt that Ms . Diaz intends to move 24 the camel' s nose in, but this block is, at this time , 25 completely R-1 . All property east of Kilmer , which is the SOUTHWESTERN COURT REPORTERS , INC. LAS CRUCES, NEW MEXICO 525-2002 40 1 next block over , is R-1 . 2 When I bought my present home , I bought 3 understood that the block was completely R-1 . And I felt 4 that that would provide a community and potentially a 5 security possibility. I was aware that R-2 was immediately 6 across the street, but I was fairly confident that our side 7 of the street would remain R-1 . 8 Now, I see a situation in which an R-2 may move in to 9 our side of the block--and I hate to use those terms--but I 10 don' t know how else to describe it. Once that has occurred, 11 if it occurs , then anyone in the block , anybody looking at 12 the block, can truthfully say, well , gee whiz fellows , it' s 13 a mixed-use neighborhood, why don' t we just enlarge this 14 one, too. So we go from R-1 to R-2 . And potentially from 15 there to R-3 . The character neighborhood has potential for 16 change , and this worries me . I came here to retire , and 17 retire in an R-1 neighborhood 18 I note that the staff, the individual who considered 19 the compatibility with the overall plan recommends denial of 20 this request. The overall staff recommendation is to retain 21 the R-1 standing. I encourage approval of the staff' s 22 position. 23 COMMISSIONER SHARPE: Thank you, sir . 24 CHAIRMAN PEREZ : Anybody else wish to make a 25 comment? Yes , sir . SOUTHWESTERN COURT REPORTERS , INC. LAS CRUCES , NEW MEXICO 525-2002 41 1 MR. HOFFMAN: My name is Steven Hoffman, and 2 I live at 1615 Ash, and I am the owner of the R-1 right next 3 to the vacant property. 4 The concerns that I have right now are that the land 5 that is presently there has not been taken care of . I do 6 feel we need to have some kind of dwelling out there . And I 7 feel those dwellings need to be R-1 . I think we need to 8 keep the character of the neighborhood. And I agree with 9 the staff on that presentation that they have , and I 10 encourage that, that we keep that to be an R-1 . 11 I feel again that we will probably lose the value of 12 our homes. I have just bought my first house . This is my 13 first house . I have a five-year-old daughter , and - - I am 14 a little nervous . This is the first time I have ever done 15 this . I hope it' s the last . Safety is another factor . I 16 felt I was moving in to a fairly safe sector of the 17 neighborhood, being that I was in an R-1 side of the street, 18 and that right to the south, side of us was also R-1 . And 19 with the real estate agent who was owner-agent, one of the 20 things that I made sure that I knew when I moved into that 21 house was that that lot next to me was R-1 . I was not going 22 to buy my house unless I knew that was R-1 . And I 23 anticipated that it would single-family dwelling homes 24 within those two lots , and that' s why I decided to go ahead 25 and purchase the lots that I am living in now. I would like SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES, NEW MEXICO 525-2002 42 1 to see it stay as R-1 . I strongly feel that way. I guess 2 that' s it. 3 There ' s probably a lot more I would like to say. I 4 didn' t realize I would be limited for time . I am 5 unprepared, and I just came in from out of town. That' s it. 6 CHAIRMAN PEREZ : Thank you. 7 Anybody else in the audience have any further 8 comments? . 9 MS. SEDILLO: I am nervous, too. This is the 10 first time I have done this . We live in an R-1 , and we are 11 on Willow Street on the corner . We never came to any of the 12 other meetings for the other townhouses that were built 13 there, and I wish we had. Right now, to me, my concern is 14 that because of all the townhouses that we have already 15 surrounding us, there is a lot of traffic, and there is a 16 lot of children that lives on these blocks, and I would like 17 to see it stay an R-1 . 18 My name is Rosa Sedillo. 19 CHAIRMAN PEREZ : Anybody else have any 20 comments? 21 MR. HOFFMAN: Is it too late to add another 22 remark? 23 CHAIRMAN PEREZ . You have got one more 24 minute . 25 MR. HOFFMAN: Now, that she brought up the SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES, NEW MEXICO 525-2002 43 1 fact about the traffic , what I see right now is that with 2 all the R-2 or the duplexes in the neighborhood across the 3 street, we have a really bad parking problem, and I see that 4 increasing even that much more with that much more density 5 in our neighborhood with those homes . I don' t see any 6 recreational facilities in the immediate area for the 7 children, and I just see that being even a worse compact 8 area. I don' t see that being anything to encourage . 9 CHAIRMAN PEREZ : Any other comments from the 10 audience? 11 MS . DIAZ : I wanted to say something. I 12 would like to mention to the neighbors that are here that I 13 just recently purchased the property. There were four lots 14 and my interest was to make full use of them. And this is 15 the first time I have realized that there was some negative 16 reaction to this . I really didn' t think I was going to have 17 a negative reaction. 18 The way the property stands now, I know that two homes 19 can go there , but my intention was to make full use, and 20 that way there would be more families there . And it is a 21 crowded area, and I live out in the country and my interest 22 is to stay there, but I did want to make full use . 23 COMMISSIONER BAILEY: Are you saying you were 24 going to put four units? 25 MS . DIAZ . Four , exactly. Which would look SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES, NEW MEXICO 525-2002 44 1 exactly like what' s across the street. They are 2 nice-looking townhomes . See my interest is not to put a 3 duplex or four-plex but townhomes . 4 MR. BAILEY: If it stays R-1 - - 5 MS . DIAZ : If it stays R-1 , I can' t do that. 6 See my interest is - - the property that' s across - - the 7 four of them can fit perfectly on the property. 8 CHAIRMAN PEREZ : Okay, I will go ahead and 9 open it up to commissioner input. Anybody on the commission 10 wish to make any comments? 11 COMMISSIONER BAILEY: I know I talked to 12 staff, and it was a hard decision that they couldn' t 13 recommend going to the R-2 . It was a close decision. I 14 tend to agree with them, that it should stay an R-1 . I do 15 believe you could put two houses in there and maybe not make 16 as much as money, but it would maintain the integrity of 17 that block . So that would be - - my recommendation is to 18 deny the R-2 . 19 CHAIRMAN PEREZ : Thank you, anybody else? 20 COMMISSIONER SHARPE: Mr . Chairman, I would 21 like to speak to the applicant for just a second. When you 22 bought this property, you said you decided to develop it to 23 it' s fullest. Did you not know what the existing zone was 24 and the limitations that it placed on you? 25 MS . DIAZ : Yes , I did know. SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES, NEW MEXICO 525-2002 45 1 MS . SHARPE: Why can' t you go ahead and 2 develop it with single-family residences? 3 MS . DIAZ : Well , my interest was because it 4 was four lots, I wanted to be able to put a home on each 5 lot. 6 COMMISSIONER SHARPE: Well , there were four 7 25-foot lots, right? 8 MS . DIAZ : Right . 9 COMMISSIONER SHARPE: Well , this is an old 10 subdivision plat with 25-foot lots , and we don' t plat 11 subdivisions that way anymore . It just happened to have 12 25-foot lots on it. Wouldn' t you be able to go ahead and 13 develop it in single-family residences? I think it is 14 needed to fill in these lots , and I would like to see it. 15 MS . DIAZ : I think it would be better to 16 develop it, and I really don' t think I would have a problem 17 doing that, but what I wanted to do was similar with what 18 was across the street. I really didn' t think I would have a 19 problem. 20 COMMISSIONER SHARPE: Well , one of the 21 problems I have as a commissioner is that our ordinance 22 number 744, which is our Bible, says "Thou shalt not 23 spot-zone . " And this does constitute a spot zone , even 24 though across the street it' s R-2 But it is in an R-1 25 area, so that would be my problem with going ahead and SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES, NEW MEXICO 525-2002 46 1 giving you the R-2 , that plus the objections from the 2 neighborhood. 3 MS . DIAZ : Originally I didn' t know I was 4 going to have that objection. I knew the staff didn' t 5 recommend it due to the mixture , but we could go throughout 6 the city of Las Cruces and find that mixture . We can go 7 find two-story apartments with houses, what, about 50 feet 8 away. So I really didn' t think I would have a problem. g COMMISSIONER SHARPE: I understand what you 10 mean, but we have got somewhere or another to stick to 11 standards . And anything that comes before this commission 12 is subject to those standards . You know, any requests that 13 come before the commission are subject to our standards . 14 But, I am sorry, I guess I have to admit that this 15 would be a great detriment to the values of the neighborhood 16 and also would not be in comformance with our ordinance . So 17 I apologize for that, and I hope you have better luck next 18 time . 19 CHAIRMAN PEREZ : Any other comments? If not, 20 I ' ll call the roll . 21 COMMISSIONER FERRIERA: I just have one quick 22 questions . In the R-2 section that we see there, which is 23 north of this subject property, we see townhouse lots . And 24 then I guess lots 61 , 60 , 32 , and 34 , are those 25 single-family housing units there now that exist in there? SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES, NEW MEXICO 525-2002 47 1 I don' t remember seeing those . 2 MR. WEIR: They are all currently vacant 3 lots . 4 COMMISSIONER FERRIERA: Oh, they are just 5 vacant lots? 6 Okay, that answers my questions . 7 CHAIRMAN PEREZ : When we went out and took a 8 look at the lot today, there were three things that came to 9 my mind in trying to make a decision in this particular 10 application Number one , it appeared to me to be a good 11 in-fill project. We are concerned about many of the empty 12 lots that are throughout the city. And we have attempted to 13 exercise some flexibility in filling some of these empty 14 lots . But then, on the other hand, having to deal with a 15 comprehensive plan - - and as Commissioner Sharpe stated, 16 two other things come to my mind. And one was spot zoning. 17 And that would be spot zoning, R-2 right in the middle of 18 R-1 . And the other things that has troubled us in the past 19 the most has been speculative zoning. And that is, we 20 sometimes pay for the sins of somebody else . The innocent 21 often pays for the sins of somebody else . 22 And that is , when we talk about speculative zoning, 23 that a person will come in and will request zoning for a 24 particular thing, and we grant it. And a year or six months 25 down the road something else occurs , and they construct SOUTHWESTERN COURT REPORTERS , INC. LAS CRUCES, NEW MEXICO 525-2002 48 1 something else different from what we were told was going to 2 go in there . And then they sell their properties and then 3 something else moves in there . And this is where we have 4 come to frown on speculative zoning, unless there was 5 something definitive that you would have . We are going to 6 say this is the kind of a structure . We are going to have , 7 this is the landscaping. This is everything that' s going to 8 go into this, all the different components that are going to 9 go into this construction in this area. We would have to 10 deal with it as speculative zoning at this particular point 11 in time . 12 So these are some problems that we have to deal with. 13 And oftentimes , as much as we want to be flexible, unless we 14 have something more tangible that we can say, you know, 15 okay, this is what' s going to go in there . We are very 16 reluctant to go along with a request of this nature . 17 Any more comments? 18 COMMISSIONER SHARPE: Call for the question, 19 Mr . Chairman. 20 CHAIRMAN PEREZ : Commissioner Ferriera? 21 COMMISSIONER FERRIERA: No. 22 COMMISSIONER LORD: No. 23 COMMISSIONER BAILEY: No. 24 COMMISSIONER WILLIS : No. 25 COMMISSIONER SHARPE : No. SOUTHWESTERN COURT REPORTERS , INC. LAS CRUCES, NEW MEXICO 525-2002 49 1 CHAIRMAN PEREZ : The chair votes no. 2 Case 22193 is denied. 3 ( The motions carried unanimously 6 to 0 . ) 4 CHAIRMAN PEREZ : The next case is ZCA-91-003 . 5 Do I have a motion we approve ZCA-91-003? 6 COMMISSIONER SHARPE : Mr . Chairman, is it too 7 late to make a motion? 8 CHAIRMAN PEREZ : Okay, Commissioner Sharpe . 9 COMMISSIONER SHARPE: Mr . Chairman, I would 10 like to move that we do case ZCA-92-001, and get that off 11 the agenda. I mean, not to get it off the agenda, but get 12 it out of the way so that we only have the University 13 Corridor Plan to deal with. 14 CHAIRMAN PEREZ : We have a motion by 15 Commissioner Sharpe to consider case ZCA-92-001 . 16 COMMISSIONER BAILEY: Second. 17 CHAIRMAN PEREZ : Case ZCA 92-0011is an 18 amendment to the Las Cruces zoning code Section 6 . 1A3 .M, 19 6 . 1B3 .V, 6 .1C3 .S, 6 . 1D3 .R, 6 . 1E3 .E, 6 .1F3 . S, 6 . 1G3 .N, and 20 6 .1H3 .Q. An amendment to delete "cluster subdivision" 21 language from the Las Cruces Zoning Code . Submitted by the 22 City of Las Cruces . 23 Staff, do you have any comments? 24 MR. WEIR: Just a quick statement . When you 25 approved your new subdivision code at the beginning of 1991 , SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES, NEW MEXICO 525-2002 50 1 you initiated the cluster subdivision process . And the 2 reasoning behind that was that the zoning code contained BUD 3 language , and a method of providing flexibility and 4 development of subdivisions within Las Cruces . When the 5 subdivision code was approved, the cluster subdivision 6 process was eliminated. And this is just a step to 7 eliminate that language from the zoning code , since it' s no 8 longer a process that can be used by the general public for 9 subdivision development. 10 CHAIRMAN PEREZ : Thank you, Mr . Weir . 11 Any comments from the audience regarding this case, 12 ZCA-92-001? If not, we will go on to commission input. Any 13 comments from the commissioners? 14 COMMISSIONER SHARPE: Mr . Chairman, I have 15 one question. I know that we eliminated this from the 16 subdivision code, but I don' t remember exactly what the 17 philosophy was behind eliminating the cluster subdivision 18 when we had worked so hard to get it in. And I would like 19 to know, if you could tell me that now? 20 MR. WEIR: Through the review of the new 21 subdivision code, the development community was questioned 22 on the use of a cluster subdivision. And the staff was told 23 that the cluster subdivision isn' t used. And any time they 24 wanted to provide flexible standards for development, they 25 would use the planned unit development section of the zoning SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES , NEW MEXICO 525-2002 51 1 code which allows them flexibility with the setbacks , lot 2 size , and providing open space . 3 COMMISSIONER SHARPE: Well , that was brought 4 up when we were working on the cluster subdivision. At that 5 point in time , it was Jim who said, yeah, they could do a 6 PUD, but we need it, so it will encourage subdividers to use 7 the cluster , especially around the arroyos . 8 MR WEIR: I think from the time period that 9 the cluster subdivision was put in until it was taken out of 10 the subdivision code, it was never used. And that was 11 another factor in eliminating it in the subdivision code . 12 COMMISSIONER SHARPE: It just didn' t sell . 13 COMMISSIONER BAILEY: That' s a good point. 14 CHAIRMAN PEREZ : Any other comments? If not, 15 let' s go on to vote. 16 MR. SIMS : Point of order . Could you check 17 the cite on 6 . 1E3 . E to see if that' s what you meant and not 18 L, 6 . 1E3 .L, the cluster subdivision. You are going to 19 delete something that you actually want to keep. 20 CHAIRMAN PEREZ : 6 .1E3 .E should be 6 .1E3 .E? 21 MR SIMS: Yes , I think so. 22 COMMISSIONER SHARPE: I am sure glad you 23 caught that. 24 CHAIRMAN PEREZ : Is that correct? 25 MR. WEIR: That is correct. It should be SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES , NEW MEXICO 525-2002 52 1 amended to L 2 CHAIRMAN PEREZ : Any other questions We 3 will go on to approval , to vote . 4 COMMISSIONER BAILEY: Do we have to amend it? 5 MR SIMS : It' s a typographical error , I am 6 pretty sure 7 CHAIRMAN PEREZ : Okay, all in favor, aye . 8 The motion carries unanimously. 9 (The motion carried 6 to 0 . ) 10 CHAIRMAN PEREZ : Okay, let' s go on to the 11 University corridor . 12 COMMISSIONER BAILEY: Eric wants us to go 13 ahead and get the other two, don't you? 14 COMMISSIONER SHARPE: Mr . Chairman, could I 15 make a comment before we go into this , before we get it on 16 the table . 17 I am wondering if we should just not discuss this case 18 as a work session item right now and wait to vote on it 19 until our new members have a chance to acquaint themselves 20 with the code . It' s an important code . This will be their 21 first vote on something of this nature , and I kind of wonder 22 if they wouldn' t prefer to just have a work session on it 23 now, and then vote on it next month. 24 COMMISSIONER FERRIERA. What specifically are 25 we dealing with now? SOUTHWESTERN COURT REPORTERS , INC. LAS CRUCES, NEW MEXICO 525-2002 53 1 COMMISSIONER SHARPE: I don' t know. How do 2 you all feel about it, Beatriz? 3 COMMISSIONER FERRIERA• I know there are a 4 lot of questions that I have on it, and I don' t know - - 5 after having worked on it for six months, what' s one more 6 day? 7 COMMISSIONER SHARPE: We haven' t had a 8 meeting on this . 9 COMMISSIONER FERRIERA: I don' t have a 10 problem with the new members reading it so long as they 11 don' t make any changes . 12 COMMISSIONER SHARPE: Mr . Chairman, I guess 13 that would be my recommendation. I suppose you want a 14 motion on it. 15 COMMISSIONER BAILEY: So that would be case 16 two and three, also? 17 COMMISSIONER SHARPE: Yeah, two and three . 18 I suggest we just go into a work session on it now and get 19 public input and let them get a chance to digest it before 20 we vote on it. 21 CHAIRMAN PEREZ : I was going to say in 22 talking with the two new commissioners that they felt that 23 it would - - they would feel more comfortable if they could 24 have an opportunity to read through the material and discuss 25 it at a work session where they could more better addre.ss SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES, NEW MEXICO 525-2002 54 1 any concerns that they might have . So I wouldn' t have any 2 problem in going on and postponing it to a work session and 3 then having discussion. 4 COMMISSIONER FERRIERA: Also, they would have 5 the opportunity to call Eric before the next meeting, if you 6 have any specific questions . 7 COMMISSIONER SHARPE: I would like to make a 8 motion that these two cases , the subject cases that we are 9 talking about, ZCA-91-003 and -004, be postponed until our 10 next meeting or for 30 days , maybe that' s the best way to 11 put it, or, no, until the next public hearing. 12 CHAIRMAN PEREZ : Do I have a second 13 COMMISSIONER BAILEY: Second. 14 Before we vote on it, perhaps we should ask for public 15 input. 16 COMMISSIONER SHARPE: I meant for us to go in 17 to a work session on it right now and take the public input 18 on it. 19 CHAIRMAN PEREZ : Okay. 20 COMMISSIONER BAILEY: You want to have a work 21 session now? 22 COMMISSIONER FERRIERA: Why don' t we ask if 23 there is anybody out there that wants to give input. 24 CHAIRMAN PEREZ : Does anyone in the audience 25 have any comments on zoning case ZCA-91-003 and case SOUTHWESTERN COURT REPORTERS , INC. LAS CRUCES, NEW MEXICO 525-2002 55 1 ZCA-91-004? 2 If not, we will go back to commissioner input. 3 COMMISSIONER SHARPE: Mr . Chairman, I am very 4 confused. Why are these people here in the audience? 5 CHAIRMAN PEREZ : This is a public hearing. 6 Anybody can come out of general curiosity. 7 COMMISSIONER BAILEY: I suggest we give the 8 two new commissioners time to read through it before we 9 start discussion on it. 10 CHAIRMAN PEREA: Okay, what is your motion, 11 Commissioner Sharpe? 12 COMMISSIONER SHARPE: My motion is to 13 postpone for 30 days and have the work session before that 14 time to acquaint the new commissioners with the University 15 Avenue corridor overlay zoning ordinance draft. 16 CHAIRMAN PEREZ : Do I have a second? 17 COMMISSIONER WILLIS : Second. 18 CHAIRMAN PEREZ : Any discussion? 19 COMMISSIONER FERRIERA: The motion is to 20 postpone for 30 days or until the next public meeting? 21 CHAIRMAN PEREZ : Postpone for 30 days . 22 All in favor say aye? All opposed? 23 The motion carried. 24 (The motion carried unanimously, 6 to 0 . ) 25 CHAIRMAN PEREZ : Now, ladies and gentlemen, SOUTHWESTERN COURT REPORTERS, INC . LAS CRUCES , NEW MEXICO 525-2002 56 1 why are you here? 2 MR. CAMACHO: We ' re here about those asterisk 3 cases right across the street from my house . It says they 4 want a zone change , and we want to know what the zone change 5 is . 6 CHAIRMAN PEREZ : Which cases in particular 7 are you talking about? 8 MR. CAMACHO: The ones with the asterisks . 9 CHAIRMAN PEREZ : What occurred, Mr . Comacho, 10 is that we approved those by consent agenda at the beginning 11 of the meeting, at the beginning of this meeting. 12 MR CAMACHO: We didn' t hear nothing. That' s 13 what it says there, that you are going to talk about it, but 14 there was no discussion on it. 15 MS . SHINN: I realized that all the people 16 sitting over here were wanting to talk about that issue , and 17 I talked to them outside in the hall and told them what 18 happened. As is typical , the public comes in these meetings 19 only when it' s in their back yard. They don't understand 20 and they sit through the whole meeting waiting to hear about 21 it. I didn' t realize that' s what you were here for . I 22 already took those guys that were over here outside , and let 23 them know that it had already been acted upon. 24 I was here to answer any questions . I will be happy to 25 answer questions if you all as commissioners want to humor SOUTHWESTERN COURT REPORTERS , INC. LAS CRUCES, NEW MEXICO 525-2002 57 1 them, if you want to give them the luxury of that 2 opportunity. 3 CHAIRMAN PEREZ : Well , we have already acted 4 on it, because we didn' t realize all of these people were 5 here . 6 MR. CAMACHO: We didn' t realize what the 7 story was . 8 MS . SHINN: They didn' t understand that they 9 could ask that it be pulled from the consent agenda. They 10 didn' t understand. 11 CHAIRMAN PEREZ : Maybe we should explain 12 initially what consent means . 13 MS . SHINN: You didn' t ask for public input, 14 so I took them out in the hall and answered their questions . 15 Now, if you want to indulge the process . 16 CHAIRMAN PEREZ : Mr . Camacho, Ms . Shinn is 17 one of the applicants on this, for these items . What they 18 are basically doing is merely asking for an extension of the 19 conditions that were approved for their subdivision at a 20 prior time, nothing else has changed from what was approved 21 before . Does that answer your question? 22 MR. CAMACHO: Yeah, basically. 23 When they brought that property three years ago, they 24 told us there was going to be a park in that general area. 25 Can you tell me anything on that? SOUTHWESTERN COURT REPORTERS , INC. LAS CRUCES, NEW MEXICO 525-2002 58 1 MS . SHINN: To the north of the property in 2 question here there is approximately - - it' s about 14 .acres 3 or so that was originally set aside that was going to be 4 added to bit by bit. You have to understand the developer' s 5 park requirements for the city. They now have strictly 6 financial circumstances . And most circumstances are now 7 where the developer pays money instead of dedicating land. 8 At the time High Range was started, developers could 9 dedicate land and we were paying a park fee which created an 10 opportunity for the city to come in and develop a park . So 11 the size of the High Range project would still allow them to 12 do that . 13 For the most part the portion of the land that' s 14 there - - there is a portion of it that has already been 15 deeded. That' s not property I have anything to do with, but 16 it' s already dedicated to the city of Las Cruces . And I 17 think the total is about 3 . 4 acres out of the total parcel 18 that was to have been 14 out of the property. That has not 19 been dedicated for a park . 20 My company, Metro 100 real estate, along with Exor 21 Corporation, represents the Resolution Trust Corporation as 22 a marking agent on the property, to sell the property. And 23 the Resolution Trust Company, better know as the RTC is 24 actually a receiver for Albuquerque Bank . 25 COMMISSIONER SHARPE: Excuse me , I would like SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES, NEW MEXICO 525-2002 59 1 to clarify something with the chairman. He shouldn' t be 2 taking notes . 3 COMMISSIONER BAILEY: He has to take notes as 4 long as you haven' t closed the meeting. 5 COMMISSIONER SHARPE: What are we taking 6 their public input on? I mean, I understand what basis . 7 COMMISSIONER BAILEY: It' s a public service . 8 It' s like a point of order in essence . 9 CHAIRMAN PEREZ : There was a misunderstanding 10 from the people who were concerned. I think it' s only fair 11 to extend them that courtesy. Please proceed. 12 MS . SHINN: Anyway, that' s a parcel dedicated 13 essentiallly to the city. Now, I am not making a 14 representation, of the land that RTC controls, that it will 15 be adding to the dedication to the parcels . 16 MR. CAMACHO: Okay, thank you. 17 CHAIRMAN PEREZ : Okay, are you satisfied? 18 MR. CAMACHO: I just want to know, when did 19 you run this through the program? I was here before the 20 meeting started. I never heard you go through it at the 21 beginning of the meeting. 22 CHAIRMAN PEREZ : Have you got a copy of the 23 agenda? Okay, if you will note where it says those items on 24 the agenda that are marked with the asterisk will be on the 25 consent agenda and will be voted on by one motion. We SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES, NEW MEXICO 525-2002 60 1 called for the approval of the minutes and the three items 2 under new business that had the asterisks . 3 COMMISSIONER FERRIERA: Mr . Chairman, I move 4 that we adjourn. 5 CHAIRMAN PEREZ : How about the statement of 6 public notification? Don' t we have other business? The 7 statement of public notification for 1992 Planning and 8 Zoning Commission public hearings . 9 MR. WEIR: Chairman Perez, commission 10 members, basically this is just a statement of what your 11 notification requirements are for a zoning code , a zoning 12 case , zone change, special use or subdivision. They 13 require , like I said, basically a notification for each 14 case . If you have a special meeting, you need to decide 15 when your notification requirements are, and where your 16 notification will be published, where it will posted, your 17 agendas, and what time . It' s similar to a statement that 18 was voted on and approved by the City Council . And they 19 requested their other boards and commission approve a 20 statement of notice. And it was provided in your packet. 21 And basically it comes from a notification requirement 22 from the zoning code and subdivision code . And if you vote 23 to approve this, the chairman will sign a copy and it will 24 be provided to the City Clerk for anyone who would like to 25 see what the notification requirements are for the Planning SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES , NEW MEXICO 525-2002 61 1 and Zoning Commission. 2 If you have any additional questions I ' ll try to answer 3 them? 4 CHAIRMAN PEREZ : I think there was some 5 discussion by the City Council that most of these 6 notifications were going to be - - they were going to try to 7 be gotten out by Wednesday and Thursday at the very latest 8 prior to a meeting the subsequent week; is that correct? 9 Is that what the City Council approved for their public 10 hearings? 11 MR. WEIR: Yes , but your statement still 12 states that notice will be posted by four o' clock on Fridays 13 preceding the meeting. So if you desire staff to change 14 that we can. 15 CHAIRMAN PEREZ : Does the commission have any 16 preference with that? 17 COMMISSIONER FERRIERA: How many days notice 18 does that give to the public, if it' s four o' clock the 19 Friday afternoon before . 20 MR. WEIR: You have got Saturday, Sunday 21 Monday. Basically, you would have Monday and Tuesday. 22 COMMISSIONER SHARPE: This is just the agenda 23 that they post out in the lobby guys . 24 MR. WEIR: And we also provide an agenda at 25 Brannigan Library. So it would be available to the public SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES, NEW MEXICO 525-2002 62 1 over the weekend also . Any preference? 2 COMMISSIONER SHARPE: I do have a question, 3 though. On the first page of the statement, the fourth line 4 up, there is an incomplete sentence there . It states that 5 "provided that a minimum of 15 property owners will be 6 notified, where less than that number are within the 7 mandatory 200 feet radius , " period. If I am wrong, tell me . 8 How is that supposed to read? 9 MR. WEIR: Let me read the entire sentence 10 and maybe it will make sense . "Notice of public hearings 11 shall be sent by certified mail to all property owners as 12 shown by the records at the County Assessor ' s office, within 13 at least 200 feet of the proposed case , excluding streets, 14 alleys, channels, canals and railroads and other public 15 rights of way, provided that a minimum of 15 property owners 16 will be notified, where less than that number are within the 17 mandatory 200 feet radius . " 18 I do agree with you, that it' s kind of confusing the way 19 it' s stated. But what it' s saying is, if there are less 20 than 15 persons within the 200-feet radius , we keep going 21 until we get 15 persons to notify. 22 COMMISSIONER SHARPE: Do you guys really go 23 to - - do you really announce our meeting on the radio? 24 MR. WEIR: We provide an agenda to all the 25 radio and television stations . They receive all public SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES , NEW MEXICO 525-2002 63 1 notifications of city meetings . 2 COMMISSIONER SHARPE: You mean we really get 3 on Tv? 4 MR. WEIR: Yes . 5 COMMISSIONER BAILEY: We do have to vote on 6 it, right? 7 I move we accept the proposed notification statement. 8 COMMISSIONER FERRIERA: Second. 9 CHAIRMAN PEREZ : Okay, all in favor say aye . 10 ( The motion carried unanimously 6 to 0 . ) 11 CHAIRMAN PEREZ : The next item is an election 12 of officers, and I think Commissioner Sharpe wants to - - 13 COMMISSIONER SHARPE: I would like recommend 14 that we postpone this because I would like to nominate 15 Commissioner Linard to something, and I would like for her 16 to be here to say if she will . 17 CHAIRMAN PEREZ : So do you want to make a 18 motion to postpone? 19 COMMISSIONER SHARPE: I make a motion that we 20 postpone that agenda item. 21 COMMISSIONER FERRIERA: Second. 22 CHAIRMAN PEREZ : All in favor, aye . 23 ( The motion carried unanimously, 6 to 0 . ) 24 COMMISSIONER FERRIERA: I move that we 25 adjourn. SOUTHWESTERN COURT REPORTERS , INC. LAS CRUCES , NEW MEXICO 525-2002 64 1 COMMISSIONER BAILEY: Second. 2 CHAIRMAN PEREZ : All in favor say aye . 3 ( The motion carried unanimously 6 to 0 . ) 4 5 6 Eddie Perez , Ch T an nnie . rpe 7 8 9 a r ' erriera adB ley 10 11 12 13 y is Roger Lord 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHWESTERN COURT REPORTERS, INC. LAS CRUCES, NEW MEXICO 525-2002