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01-28-2014 I PLANNING AND ZONING COMMISSION 2 FOR THE 3 CITY OF LAS CRUCES 4 City Council Chambers 5 January 28, 2014 at 6:00 p.m. 6 7 BOARD MEMBERS PRESENT: 8 Charles Scholz, Chairman 9 Godfrey Crane, Vice Chair 10 Ray Shipley, Member 11 William Stowe, Member 12 Charles Beard, Secretary 13 Ruben Alvarado, Member 14 15 BOARD MEMBERS ABSENT: 16 Joanne Ferrary, Member 17 18 STAFF PRESENT: 19 Adam Ochoa, Planner, CLC 20 Robert Cabello, CLC Legal Staff 21 Becky Baum, Recording Secretary, RC Creations, LLC 22 23 I. CALL TO ORDER (6:00) 24 25 Crane: Good evening. Welcome to the Planning and Zoning Commission 26 meeting for January 28, 2014. I'll start as we usually do by introducing the 27 Commissioners present. On my far right is Commissioner Shipley who 28 represents District 6. On his left is Commissioner Stowe who is also our 29 Vice Chairman, and he represents District 1. Then Commissioner 30 Alvarado who is for District 3. Commissioner Beard who is our secretary, 31 District 2. And I'm Godfrey Crane the Chairman, District 4. 32 33 II. CONFLICT OF INTEREST 34 At the opening of each meeting, the chairperson shall ask if any member on the 35 Commission or City staff has any known conflict of interest with any item on the 36 agenda. 37 38 Crane: Our next item is - does anybody within the Commission or representatives 39 of the city have any conflict of interest in regard to tonight's agenda. 40 Nobody signifies that there is so we will proceed. 41 42 III. APPROVAL OF MINUTES 43 1. December 17, 2013 - Regular meeting 44 45 Crane: Approval of the minutes for the last meeting which is December 17, 46 Commissioners, does anybody have any notes? Commissioner Shipley. 1 1 2 Shipley: Thank you Mr. Chairman, ladies and gentlemen. Please bear with me I've 3 got several on the minutes, page 1 line 41, there is a ... it says "meetings 4 are about to talk about". I think you need to add a "we" in there "w a". 5 6 Crane: I'm sorry, line 31 page 1. 7 8 Shipley: Yes sir. Line 41 page 1. 9 10 Crane: Yes, "we are about to talk about". 11 12 Shipley: Yes, so we need to add a "we" in there. Line, excuse me, page 5 line 13 number 27, it says "is a request for final site plan" it should be "for a final 14 site plan". Add an "a" please. On line 35 of that same page, page 5 there 15 is also an "a" needs to be added after "first slide is a location map". Page 16 66. 17 18 Crane: Not 66. 19 20 Shipley: Excuse me. I'm sorry, page 6. My "g" looks like a 6. I'm sorry. Line 12, 21 there is a ... it says "it would also allow them to development an off-site", 22 strike the ment, it just should be "develop an off-site drainage tract". Page 23 7 line 15, I'm not sure, I think it should be instead of "in", "existing 24 neighbors in the county side" it should be "on the county side". And in line 25 number 23, "the applicant not maintain", should be the applicant "will not 26 maintain that properly". I think we should insert "will" there, is that correct? 27 And on line 24, we need to add "phase" before "two". In other words it 28 says "at least during the phase one, phase two" then add and "and" before 29 "certainly"; "and certainly during phase three they know it". And that's on 30 lines 23 and 24. Okay, then the next one would be page 26 line number 31 13, excuse me line number 12, it says "it costs us to repair to our property" 32 1 think it should, it either "costs us ..." 33 34 Crane: Just take out the second "to". 35 36 Shipley: Well that's what I thought. I thought maybe we should take it or it should 37 be ... the other thing I thought it could've been, it could be add an "in", "it 38 costs us to repair our property", yeah, I think take out the second "to", 39 that's correct. Okay. And that was page 26, line 12. Then page 37, line 40 number 24, "we don't know that what", so strike "that"; "we don't know 41 what your elevations are going to be cause we haven't". And it looks that 42 should not "be cause" "because" should be one word. "Because we 43 haven't, we're not privy to that". And that's all I had Mr. Chairman. 44 45 Crane: Thank you Mr. Shipley. Any other Commissioner got points on the 46 minutes? Then I have a few. Page 1 line 41 which Mr. Shipley brought up 2 I also, and line 40, 1 think it will be easy for people to understand if they 2 ever come to read these minutes if the word "none' under approval of 3 minutes it says "none" as in double quotes. Page 2 line 39, 1 suspect that 4 the phrase "Any other Commissioner?" belongs in what I said, not what 5 Mr. Shipley said. I don't think he would hurt my feelings by (inaudible) to 6 himself one of the functions of the Chairman. You wouldn't do that, would 7 you? 8 9 Shipley: No, I didn't. 10 11 Crane: Page 4 line 1, just a typo "Borderland". And page 36 line 33, as a chemist 12 1 like this "there's an acetylene basin there". We never want to have a 13 basin of acetylene out in the desert. Try settling, s e t t I i n g. Well at 14 least there's a match. And 49 last page 1 have any comments on, line 17, 15 your light's'. And line 44 1 hope I said "based on findings, discussion and 16 site visit," but if I said conditions and you're convinced of that we'll let it 17 stand. Okay. Any other Commissioner? I'll entertain a motion that the 18 minutes of the last meeting be ... 19 20 Shipley: So Moved. 21 22 Crane: Accepted as amended. Moved by Shipley. Seconded by Stowe. All in 23 favor. 24 25 ALL: AYE. 26 27 Crane: Opposed. Any abstentions? No. Thank you. 28 29 IV. POSTPONEMENTS - NONE 30 31 Crane: Any postponements Mr. Ochoa. 32 33 Ochoa: No sir, none tonight. 34 35 V. CONSENT AGENDA 36 37 1. Case Z2867: Application of Michael Johnson, P.E. on behalf of Mesilla 38 Valley Hospice, Inc., property owner, to rezone a 5.95 +/- acre lot from C-2 39 (Commercial Medium Intensity) to C-3/R-4 (Commercial High Intensity/Multi- 40 Dwelling High Density & Limited Retail and Office), located on the north side 41 of Montana Avenue and the south side of Foster Road approximately 745 +/- 42 feet west of EI Paseo Road; a.k.a. 299 E. Montana Avenue; Parcel ID# 02- 43 41146. Proposed Use: A hospice and assisted living facility; Council District 44 3 (Councillor Pedroza). 45 46 2. Case Z2868: Application of Tony Trevino on behalf of Jamie Dryden, 3 I property owner, to rezone a 0.97 +/- acre lot from 0-1 (Office, Neighborhood- 2 Limited Retail Services) to C-3 (Commercial High Intensity), located on the 3 south side of Picacho Avenue approximately 970 +/- feet east of the Rio 4 Grande River; a.k.a. 3401 W. Picacho Avenue; Parcel ID# 02-36849. 5 Proposed Use: A church and a new officelwarehouse building: Council 6 District 4 (Councilor Small). 7 8 Crane: Now we come to consent agenda in which there are two cases Z2867 and 9 Z2868. The way we handle this is that these are regarded by the 10 Community Development Department as essentially noncontroversial so 11 it's not expected there'll be much discussion, any requirement for 12 discussion about them and so we would vote for them as one block. 13 However, if any member of the commission or any city person or any 14 member of the public wishes to discuss any of these we will remove them 15 from the consent agenda and put them into new business. Is there 16 anybody who wants to remove these items from the consent agenda? No 17 one is so indicating, so I will entertain a motion that the consent agenda 18 consisting of items Z2867 and Z2868 be accepted. Do I have a mover? 19 20 Shipley: So moved. 21 22 Crane: Moved by Mr. Shipley. 23 24 Beard: Second. 25 26 Crane: Seconded by Mr. Beard. All in favor aye. 27 28 ALL: AYE. 29 30 Crane: Opposed? Passes five/nothing. 31 32 VI. OLD BUSINESS - NONE 33 34 Crane: Is there any old business Mr. Ochoa? 35 36 Ochoa: No sir, none tonight. 37 38 Crane: Okay. 39 40 VII. NEW BUSINESS 41 42 Crane: Any new business other than the three items on the list? 43 44 Ochoa: No sir, just the three items. It's just our yearly adoption of statement of 45 reasonable notice that we need to read into the minutes and have you and 46 1 believe the secretary sign off on that and date. And after that we'll have 4 I election of officers, and after that our committee appointment to the land 2 bank and trust fund advisory committee. 3 4 Crane: And it's customary for us to read this into the record, it's obligatory in fact. 5 6 Ochoa: Yes sir, it is. 7 8 Shipley: Mr. Chairman I have a question. On ... I know it wasn't in the previous ... 9 we don't have anything about the requirement for signage to be posted on 10 the property. Is that supposed to be part of this as well? 11 12 Ochoa: Mr. Chairman, Commissioner Shipley, no sir, that's additional that we 13 need to do for the city. This is just actual sending out notice, public notice 14 and as you can see it does already follow the new requirements of the 15 500-feet and so forth sir. 16 17 Shipley: Thank you 18 19 Crane: So that answer your question Mr. Shipley? 20 21 Shipley: Yes sir. 22 23 1. Adoption of Statement of Reasonable Notice as required by Section 10-15- 24 1(B) of the Open Meetings Act, Section 10-15-1 to 10-15-4, New Mexico 25 Statutes Annotated (1978) as amended. 26 27 Crane: As we have done before just to save our voices let's break this up. For no 28 particular reason, I'll read the first three paragraphs and then I'll go to Mr. 29 Beard for the last two on the first page and Roman one on the next and 30 then if Mr. Alvarado will do Roman two, and Mr. Stowe Roman three, and 31 Mr. Shipley four, and then we come back to me for five, and then continue 32 across till we all are finished. So I'll start. 33 The City of Las Cruces Planning and Zoning Commission 34 statement of reasonable notice for meetings. The Planning and Zoning 35 Commission is informed that: 36 Whereas, the Planning and Zoning Commissioner of the City of Las 37 Cruces meet in a public hearing at 6:00 p.m. on January 28, 2014. 38 Whereas, Section 10-15-1 (D) of the Open Meetings Act, Section 39 10-15-1 to 10-15-4, New Mexico Statutes Annotated (1978), as amended, 40 states that, except as maybe otherwise provided in the Constitution or the 41 provision of the Open Meetings Act, all meetings of a quorum of members 42 of any board, council, commission, administrative adjudicatory body or 43 other policy making body of a local public agency held for the purpose of 44 formulating public policy, discussing public business or for the purpose of 45 taking any action within the authority of or the delegated authority of such 46 body, are declared to be public meetings open to the public at all times; 5 I and... 2 Whereas, any meetings subject to the Open Meetings Act at which 3 the discussion or adoption of any proposed resolution, rule, regulation or 4 formal action occurs shall be held only after reasonable notice to the 5 public; and 6 7 Beard: Whereas, section 10-15-1(D) of the Open Meetings Act, as amended, 8 requires the Planning and Zoning Commission of the City of Las Cruces to 9 determine annually what constitutes reasonable notice of its public 10 meetings. 11 Now therefore, the Planning and Zoning Commission of the City 12 Las Cruces, New Mexico states: 13 That for regular public hearings and special meetings, the Planning 14 and Zoning Commission of the City of Las Cruces generally meets the 15 fourth Tuesday of every month at 6:00 p.m. for the regular public hearing, 16 and the issuance of an agenda in accordance with this statement shall be 17 issued and circulated to the press, radio, and other public information 18 media and posted on bulletin boards of the City of Las Cruces City Hall. 19 20 Alvarado: That a public hearing is required for requests for Zoning Code 21 amendments, Sign Code amendments, zone changes, annexations, initial 22 zonings, Planned Unit Developments, infill development proposals, special 23 use permits (as defined in Section 38-10 of the 2001 Zoning Code, as 24 amended). Notice of the public hearing shall be sent by regular mail to all 25 property owners, as shown by the records of the County Assessor, within 26 at least five hundred (500) feet of the proposed case. Notice shall be 27 mailed at least fifteen (15) days prior to the required hearing. Notice of the 28 time and place of the public hearing shall be published at least fifteen (15) 29 days prior to the hearing in a newspaper of general circulation in the City. 30 31 Stowe: Number three. That a public hearing is required for requests for 32 Subdivision Code amendments, master plans, preliminary plats, and final 33 plats (as defined in Chapter 37 of the Las Cruces Municipal Code). Notice 34 of the public hearing shall be sent by regular mail to all property owners, 35 as shown by the records of the County Assessor, within at least five 36 hundred (500) feet of the proposed case. Notice shall be mailed at least 37 fifteen (15) days prior to the required hearing. Notice of the time and 38 place of the public hearing shall be published at least fifteen (15) days 39 prior to the hearing in a newspaper of general circulation in the City. 40 41 Shipley: Paragraph four. That a public hearing is required for all appeals to the 42 Zoning Code, Design Standards interpretations, and Subdivision Code 43 interpretations. Notice of the time and place of the meeting shall be 44 published at least fifteen (15) days prior to the hearing in a newspaper of 45 general circulation in the City. 46 6 I Crane: Section five. That the Planning and Zoning Commission determines that, 2 reasonable notice shall include the issuance and posting of an agenda for 3 regular meetings at least fifteen (15) days prior to the required hearing. 4 That reasonable notice for special meetings shall require the issuance and 5 posting of an agenda within 24 hours of the time of the special meeting. 6 All other meetings which may be called for informational purposes at 7 which no action is to be taken shall be held only after written notice issued 8 to the news media no later than 12:00 noon of the day of such meeting, or 9 four (4) hours before such meeting, whichever is greater. 10 11 Beard: Number six. That in an emergency, wherein it is necessary for the public 12 peace, health, safety, and welfare, a meeting may be called with as much 13 notice as may be possible under the conditions. 14 15 Alvarado: Section seven. That substantial compliance with any one of the 16 appropriate foregoing methods of giving notice shall constitute compliance 17 with this statement and Section 10-15-1 to 10-15-4, N.M.S.A. (1978), as 18 amended. Nothing herein shall prevent the use of additional means or 19 methods of giving notice of regular or special meetings. Nothing herein 20 shall require new notice of any public meeting for which notice has been 21 given and which is recessed or adjourned. However, in recessing the 22 meeting, the presiding officer shall announce the meeting, the time and 23 place the meeting shall resume. 24 25 Stowe: Section eight. That all such meetings are and shall be open to the public 26 as set forth in Section 10-15-1 to 10-15-4, N.M.S.A. (1978), as amended. 27 28 Crane: Mr. Shipley you want to give the last one. 29 30 Shipley: Section eight continued. That if any section, paragraph, clause, or 31 provision of this statement shall be for any reason held to be invalid or 32 unenforceable, the invalidity or unenforceability of such section, paragraph 33 or clause or provision shall not affect any of the remaining provisions of 34 this statement or its application to other situations. 35 And it's signed by the Chair Planning and Zoning Commission, 36 date, and signed by the Secretary Planning and Zoning Commission, and 37 also the date. 38 39 Crane: Thank you Mr. Shipley and others. I think this may have come up a year 40 ago, but shouldn't the Roman eight at the top of the last page be nine? It 41 seems to me for the symmetry of layout that that is actually a separate 42 paragraph. 43 44 Ochoa: Yes sir, that is correct. 45 46 Crane: Mr. Shipley, do you agree that this is the wording that we passed on ... 7 I 2 Shipley: It is. I have a copy of our notes from the year before and that is correct. It 3 has been corrected. 4 5 Crane: Okay. 6 7 Shipley: But you are correct, that should be section or paragraph nine. 8 9 Crane: Nine. Yep, alright. Thank you all. 10 11 2. Election of Officers 12 13 Crane: Next we come to election of officers for this body. We need a Chairman, 14 Vice Chairman, and a secretary. Do I hear first nominations for the post of 15 Chairman for one year? 16 17 Beard: I nominate Commissioner Crane. 18 19 Crane: Is there a second to that nomination? 20 21 Stowe: I second the nomination. 22 23 Crane: Thank you Mr Stowe. Are there any other nominations? Then we proceed 24 to a vote. Those in favor of Godfrey Crane as Chairman. 25 26 ALL: AYE. (COMMISSIONER CRANE ABSTAINS). 27 28 Crane: Opposed? It passes four/nothing with one abstention. It's passed to the 29 Vice Chairman. Do I have a nomination for the post of Vice Chairman for 30 the coming year? I will nominate Mr. Stowe. 31 32 Shipley: Second. 33 34 Crane: Seconded by Mr. Shipley. Are there any other nominations? Then those in 35 favor of Mr. Stowe as Vice Chairman for the year. 36 37 ALL: AYE: (COMMISSIONER STOWE ABSTAINS). 38 39 Crane: Opposed? There are none opposed. Congratulations. Mr. Stowe is 40 abstaining. This passes four/nothing and one abstention. Thank you. And 41 for Secretary. May I have a nomination? 42 43 Shipley: I nominate Charles Beard. 44 45 Crane: Charles Beard is nominated by Mr. Shipley. I have a second? 46 8 I Stowe: Second. 2 3 Crane: Mr. Stowe. Any other nominations? And we will vote on Mr. Beard. Do 4 you accept the nomination Mr. Beard? I forgot to ask the other nominees. 5 You do, thank you. Those in favor of Mr. Beard? 6 7 ALL: AYE. (COMMISSIONER BEARD ABSTAINS). 8 9 Crane: And opposed? And are you abstaining Mr. Beard? 10 11 Beard: Yes. 12 13 Crane: Okay it passed four/nothing with one abstention. So all those happy people 14 are back in the saddle for another year. 15 16 3. Land Bank and Trust Fund Advisory Committee Appointments 17 18 Crane: And finally in the new business we have election of a representative and 19 an alternate representative to the, alternate member to the City's 20 affordable housing land bank and trust fund advisory board. I had heard 21 that somebody from the city was going to be here to see if we had any 22 questions about this but apparently this lady who is ... Oh, I beg your 23 pardon. Didn't see you ma'am. Ma'am, come tell us your name please 24 and what you have to offer in this respect. 25 26 Zamora: Good evening Commissioners. 27 28 Crane: Oh yes, I beg your pardon I have to swear you in and somebody has 29 stolen my swear sheet. 30 31 Cabello: Chairman Crane. 32 33 Crane: I think I can remember it. Do you swear ... yes sir. 34 35 Cabello: Chairman Crane. Because this is not a contested issue or actually an 36 issue that is ... 37 38 Crane: Not necessary. 39 40 Cabello: It's not necessary in this particular incidence. 41 42 Crane: Thank you Mr. Cabello. But I want my sheet here next time. I'm lost 43 without a crib sheet. I'm good. Sorry ma'am, please identify yourself and 44 tell us what you have to tell us. 45 46 Zamora: I'm Vera Zamora with the Community Development Department. And 9 I basically the information was provided to you in the memo and it's my 2 understanding that ... well I can give you a little information. In November 3 2010 City Council approved and established an affordable housing land 4 bank and trust fund as well as an affordable housing advisory committee. 5 And I believe that Mr. Beard was elected to serve on that committee with 6 Commissioner Stowe as the alternate, however there was never any 7 meeting actually held due to the fact that there was no land in the land 8 bank and there was also no funding for the trust fund at the time. 9 However, that has since changed and we do have some land in the land 10 bank as well as some funding for the trust fund. So that's why we need to 11 reestablish the committee members and one is appointed by your 12 commission to serve. The term will be through March 2016 for the 13 reappointment and the alternate will serve through March 2020. It's my 14 understanding that both Commissioners have agreed to serve another 15 term, correct? 16 17 Crane: Mr. Beard you're saying ... 18 19 Beard: Correct. 20 21 Crane: You accept. And Mr. Stowe. 22 23 Stowe: Yes. 24 25 Crane: As alternate. Okay. Thank you. Mr. Cabello do we have to take a vote 26 on this since they're already on so to speak. 27 28 Zamora: Yes. 29 30 Cabello: Chairman Crane. I don't think you have to Chairman Crane. 31 32 Zamora: No, just an appointment. 33 34 Crane: Not necessary to take a vote. 35 36 Cabello: No Chair. 37 38 Crane: I'm sorry. Yes, and we don't need to, there are I assume no other 39 nominations so, okay. Well thank you gentlemen for agreeing to serve 40 and this time I hope you are more productive than last time. You have 41 some money in the bank I understand. 42 43 Vlll. OTHER BUSINESS - NONE 44 45 Crane: Any other business Mr. Ochoa? Thank you. 46 10 I Zamora: Thank you very much. Looking forward to working with you. 2 3 IX. PUBLIC PARTICIPATION 4 5 Crane: And there's no public, so I predict there's no public participation. 6 7 Ochoa: No sir, none tonight. 8 9 Crane: Unless they call in. 10 11 X. STAFF ANNOUNCEMENTS 12 13 Crane: Staff announcements Mr. Ochoa. 14 15 Ochoa: None tonight gentlemen. We should have another meeting same time 16 next month, fourth Tuesday of next month I believe we'll be having about 17 two cases next month. That's really about it sir. 18 19 Crane: Thank you. 20 21 XI. ADJOURNMENT 22 23 Crane: Then we are adjourned at 6:27. Thank you everybody. 24 25 26 27 28 29 Chairperson 11