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09-23-2014 I PLANNING AND ZONING COMMISSION 2 FOR THE 3 CITY OF LAS CRUCES 4 City Council Chambers 5 September 23, 2014 at 6:00 p.m. 6 7 BOARD MEMBERS PRESENT: 8 Godfrey Crane, Chairman 9 William Stowe, Vice-Chair 10 Charles Beard, Secretary 11 Joanne Ferrary, Member 12 Ruben Alvarado, Member 13 Kirk Clifton, Member 14 Harvey Gordon, Member 15 16 STAFF PRESENT: 17 Adam Ochoa, Planner, CLC 18 Susana Montana, Planner, CLC 19 Ezekiel Guza, Associate Planner, CLC 20 Mark Dubbin, CLC Fire Department 21 Robert Cabello, CLC Legal Staff 22 Becky Baum, Recording Secretary, RC Creations, LLC 23 24 CALL TO ORDER (6:00) 25 26 Crane: Good evening ladies and gentlemen. Welcome to the Planning and 27 Zoning Commission meeting for September 23rd, 2014. I'll start as we 28 usually do by introducing the Commissioners: starting on my far left; 29 Commissioner Clifton representing District 6. Then next to him our new 30 Member Mr. Harvey Gordon, he is the Mayor's representative. Welcome 31 Mr. Gordon. Then Commissioner Stowe who is also our Vice Chairman. 32 Commissioner Stowe represents District 1. Commissioner Ferrary 33 represents District 5. Commissioner Alvarado, District 3. Commissioner 34 Beard represents District 2, and is also our Secretary. I'm Godfrey Crane, 35 District 4 and I'm the Chairman. 36 37 I. CONFLICT OF INTEREST 38 At the opening of each meeting, the chairperson shall ask if any member on the 39 Commission or City staff has any known conflict of interest with any item on the 40 agenda. 41 42 Crane: We now go on to ask if anyone has a conflict of interest regarding any 43 item on tonight's agenda; there's five items on the consent agenda and 44 two on the regular agenda. I believe Mr. Clifton has a point to make. 45 1 I Clifton: Mr. Chair, Members of the Commission, staff. I do have what I feel could 2 be perceived as a conflict of interest with Case 22878, the zone change. 3 As indicated in your packet it is for EI Paso Electric which is my employer. 4 Thank you. 5 6 Crane: Okay Mr. Clifton, we will remove this from the consent agenda and put it 7 as a, the first item of new business so that you can vote on the other four 8 items of the consent agenda. Is that all right? Okay. 9 10 It. APPROVAL OF MINUTES 11 12 1. August 26, 2014 - Regular Meeting 13 14 Crane: We will go onto approval of the minutes and then we'll come back to more 15 matters on the consent agenda. Commissioners does anybody have any 16 points to make on the minutes for August 26th meeting? Commissioner 17 Clifton ... Commissioner Stowe. 18 19 Stowe: Yes, Mr. Chair, page 8, line 2, although it's the first line of the page with 20 text, "Adam, just kind of 'to' build". The word "to" put between "of' and 21 "build". It reads a little better. And the next page, page 9, line 30, insert 22 the word "are" between "there are a number of'nos"'. 23 24 Crane: Oh yeah. 25 26 Stowe: Those two items. Nothing ... it doesn't change the meaning but ... 27 28 Crane: Yeah, quite. 29 30 Stowe: Just those two. Thank you. 31 32 Crane: Anything else? That's it? 33 34 Stowe: That's it. 35 36 Crane: Any other Commissioner? Then I'll entertain a motion that the minutes be 37 approved with the (inaudible) brought up by Commissioner Stowe. 38 39 Stowe: So moved. 40 41 Crane: Moved by Commissioner Stowe. 42 43 Beard: Second. 44 45 Crane: Second by Commissioner Beard. 46 2 1 ALL: Aye (Except Commissioner Gordon and Ferrary abstain). 2 3 Crane: And I think Mr. Gordon and Ms. Ferrary will abstain so it passes five/zero 4 with two abstentions. 5 6 III. CONSENT AGENDA 7 8 1. Case Z2876: Application of Gabriel A. Perrault, property owner, for a zone 9 change from A-2 (Rural Agricultural District from the 1981 Zoning Code) to 10 EE (Single-Family Equestrian Estate & Agriculture) on a 4.86 ± acre lot 11 located on the south side of Tucson Avenue, 0.55 + miles east of its 12 intersection with Del Rey Boulevard, a.k.a. 1720 Tucson Avenue; Parcel ID# 13 02-27534. Proposed Use: Single-family residence; Council District 5 (Sorg). 14 15 2. Case Z2878: MOVED TO NEW BUSINESS. 16 17 3. Case Z2879: Application of Zoe Development IV, LLC on behalf of Norton S. 18 Karno, property owner, for a zone change from C-2 (Commercial Medium 19 Intensity) to C-3 (Commercial High Intensity) on a 11.314 ± acre lot located 20 on the west side of EI Paseo, 553 + feet north of its intersection with Idaho 21 Avenue a.k.a. 1240 EI Paseo; Parcel ID# 02-07425. Proposed Use: The 22 redevelopment of the vacant site for multiple commercial uses; Council 23 District 3 (Pedroza). 24 25 4. Case IDP-14-06: Application of Zoe Development IV, LLC on behalf of 26 Norton S. Karno, property owner, for a subdivision known as EI Paseo 27 Subdivision. The proposed subdivision would subdivide the 11.314 + acre 28 underutilized commercial lot into four (4) new commercial lots. The subject 29 property is located on the west side of EI Paseo, 553 + feet north of its 30 intersection with Idaho Avenue a.k.a. 1240 EI Paseo; Parcel ID# 02-07425. 31 Proposed Use: The redevelopment of the vacant site for multiple commercial 32 uses; Council District 3 (Pedroza). 33 34 5. 5-14-027: Application of Donohue Land Surveys on behalf of Xavier 35 Alcala/Alpha Custom Homes LLC, property owner, for a subdivision of two 36 parcels (02-26218 and 02-26221) into five lots located at 3550 Foothills 37 Road, 715 Althenian Way and 716 Hellenic Drive. The Diamante Hills Replat 38 No. 4 would divide the property into five parcels in order to place each 39 existing multi-unit building onto an individual lot: no new development would 40 occur. Zoned R-3 (Multi-dwelling Medium Density Residential). Council 41 District 6 (Levatino). 42 43 Crane: Now we pass to the consent agenda and for the sake of those who may 44 not know how this works, there were five items on it and now four. These 45 are items which the Community Development Department figures are 46 probably not particularly controversial, and therefore they're put in one 47 package and voted on as a block. However, if any Commissioner or any 3 I member of the public wishes to have them pulled from this so that we can 2 discuss them individually, then we will put them in new business also. 3 Does any Commissioner have a desire to remove any of those four items, 4 that's excluding 2878 which is already removed, from the consent 5 agenda? Seeing none. Any member of the public? Then we will vote on 6 Case Z2876, Case Z2879, Case IDP-14-06, and Case S-14-027 as one 7 block. May I hear a motion to the effect that the consent agenda be 8 approved? 9 10 Beard: So moved. 11 12 Crane: Moved by Mr. Beard. 13 14 Gordon: Second. 15 16 Crane: Seconded by Mr. Gordon. Show him how to push his button. Seconded 17 by Mr. Gordon. All in favor aye. 18 19 ALL: AYE. 20 21 Crane: Opposed. None. Okay it passes seven/nothing. 22 23 IV. OLD BUSINESS - NONE 24 25 Crane: We move on to ... oh any old business Mr. Ochoa? 26 27 Ochoa: No sir, none tonight. 28 29 Crane: Okay. 30 31 V. NEW BUSINESS 32 33 Case Z2878: Application of Trinity Properties LLC/Three Saints LLC, property 34 owners, for a zone change for a 34 acre property (Parcels 02-02576 & 02-00506) 35 located at 2035 W. Amador Avenue from A-2 (Rural Agriculture from the 1981 36 Zoning Code) to M1/M2 (Industrial Standard) designation to develop a 37 warehouse, truck repair and maintenance building and outdoor storage of fleet 38 trucks and equipment; Council District 4 (Small). 39 40 Crane: We move onto new business. We handle this a little bit differently from 41 the consent agenda; in this case there will be debate. At first a member of 42 the Community Development Department will make a presentation. 43 Commissioners may have questions. Then we ask the representative of 44 the applicant or the applicant to come up and talk to us if he wants to, and 45 again we may have questions. And finally we ask for comments from 46 members of the public, and we may have questions of them. When the 4 I members of the public have all had their say, the matter is closed to 2 further debate and the Commission will vote. 3 So the first item on new business is Case Z2880, an application for 4 a zone change on property at Avenida de Mesilla and Stern Drive. Ms. 5 Montana are you going to speak to us? 6 7 Montana: Yes I am. Thank you. 8 9 Crane: As soon as you can make the technology work. 10 11 Clifton: Mr. Chair, if I may? 12 13 Crane: Oh I beg your pardon. Yes. 14 15 Clifton: I'd like to formerly recuse myself and ... 16 17 Crane: I missed that point, yes. In fact I have to back up. We said the first item of 18 new business would be 2878 and Mr. Clifton is going to recuse himself as 19 he said he would and he'll be in the audience and will rejoin us up here 20 when this matter is over. So are you prepared for 2878 Ms. Montana? 21 22 Montana: Yes I am. 23 24 Crane: Okay. Oh, I have to swear you in. Cause the last oath you took sort of 25 evaporated. Do you swear or affirm that the testimony you are about to 26 give is the truth and nothing but the truth under penalty of law? 27 28 Montana: Yes I do. 29 30 Crane: Thank you. Please continue. 31 32 Montana: Thank you Mr. Chair, Commissioners. I apologize. I'm not sure how to 33 work this ... this new PowerPoint software, so I will do it this way. Okay. 34 What you have before you is a request for a rezoning property from A-2 35 rural agriculture to M1/M2 which is an industrial standard designation for 36 34.6 acre property located at 2035 W. Amador Avenue. The property here 37 is Amador Avenue, Valley, 17th, and the property here, Burn Lake Road 38 and Burn Lake Park here. As you can see the area is surrounded by 39 industrial, M1/M2 in this area. This is the park, Burn Lake owned by the 40 City, and it's zoned ... it's still zoned A-2 rural agriculture. This is a 41 Planned Unit Development with industrial and residential on this part, 42 industrial residential. This is an aerial view of the property. For the last 43 three years the property has been vacant, fallow agriculture. Before that it 44 was agriculture. In 1990 it was zoned from industrial to agriculture, but as 45 1 said the last three years the property owner has not developed 46 cultivation. This is a site survey or a plat. There are two parcels; a 5 I smaller parcel here and a larger parcel here. I'm showing you the Mesilla 2 Lateral which is owned by EBID, and in a later slide I'll show that, and the 3 comments by EBID regarding how to preserve that lateral. 4 Again, the property was rezoned in 1990 from industrial to 5 agriculture. It has been vacant for three years. The owner seeks to 6 rezone the properties to sell it to EI Paso Electric Company. The company 7 wishes to develop this as a, what might be called a corporation yard with 8 warehousing, truck fleet repair and maintenance facility, and then a small 9 building for work stations for their employees. The A-2 zoning is a 10 remnant of the 1981 Zoning Code and to rezone it to the M1/M2 would 11 bring the property into conformance with the current 2001 Zoning Code. 12 This is a slide I mentioned, the lateral borders the property on the 13 east and the southern property line. There is a road; you can see the City 14 car right here parked in the stub-out of a road leading to the property and 15 the lateral drains under this culvert. EBID owns the culvert and the lateral 16 of course, and they do not want heavy truck traffic over this culvert. So 17 they ... during the permit process they would be asked to comment and 18 they would as they have, commented that they want to see truck traffic 19 from ... into the property from Amador rather than over this culvert. 20 The development site ... the development of the site will require 21 traffic analysis, a drainage study, and an analysis of turning movements 22 into the property. The frontage of the property fronts Amador Avenue and 23 there are four and half medians within the ... within Amador Avenue at this 24 location and this developer would be responsible for building one-half, the 25 half closest to their property, of the median with landscaping and irrigation. 26 There is public comment that requested a landscape buffer around 27 the perimeter of the east and southern property to screen the industrial 28 activity from view of motorists who are traveling to Burn Lake, and in the 29 next slide I'm showing you the Burn Lake master plan which is currently 30 being ... has been adopted and ... by City Council and is being improved, 31 the lake is being improved or the, not the lake but the park area of the 32 Burn Lake Park is being improved. 33 So here is the property, here is the lateral. According to the City's 34 Design Standard 15% of the lot area minus the building footprint of all the 35 building on the property, 15% of the remaining land has to be landscaped. 36 And this comment of the neighbor has asked that much of that 37 landscaping be placed along the frontage Amador and Burn Lake Road so 38 that it improves the entrance experience into the park. 39 Our evaluation deems that the site is an industrial area and this 40 rezoning would be consistent with the neighborhood, as consistent with 41 the previous use of the property. The current zoning is a remnant of the 42 '81 Zoning Code and rezoning it would bring the property into 43 conformance with the current Zoning Code. The light industrial use again 44 would be consistent with the adjacent businesses. And upon development 45 the traffic and the drainage and the landscaping would be ... would have 46 to meet City codes. So staff is recommending approval. We don't believe 6 I there needs to be any conditions to the approval because any 2 development of the site would require that it meet code; traffic, drainage, 3 landscaping. Your options tonight Commission is to vote "yes" to 4 recommend approval of the rezoning to City Council; vote "no" to 5 affectively recommend denial of the rezoning to City Council; vote to 6 modify or place conditions on your recommendation to City Council; or 7 vote to table or postpone. I'm happy to answer any questions you may 8 have. The applicant's representative is here and there's also members of 9 the public who received our public notification who would like to comment 10 to the Commission as well. 11 12 Crane: Thank you Ms. Montana. Commissioners any questions of Ms. Montana? 13 1 have one; what is meant by a 4.5 median, is that width? 14 15 Montana: No, that's four and a half medians that lie in Amador Avenue in front of this 16 property. And the, the applicant is required to build; it's not a good ... not 17 good, sorry. Build the median that fronts their property, build half, not all 18 of it but the first half. So of the four and a half medians that lie in front of 19 this frontage, they have to build half. They have to landscape half of it and 20 install irrigation systems to sustain that landscaping. 21 22 Crane: How is the figure of 4.5 arrived at? 23 24 Montana: Simply by the medians that are in front of the property. 25 26 Crane: They're existing. 27 28 Montana: Existing medians. 29 30 Crane: Okay and they have to landscape one-half of the length of a median, each 31 one. 32 33 Montana: Yes, their half. Their half. 34 35 Crane: So it's split longitudinally along Amador. They ... they ... how wide's the 36 median? 37 38 Montana: Oh I couldn't tell you. 39 40 Crane: Roughly. Two feet? Ten feet? 41 42 Montana: Oh no, no. It's probably seven to ten feet wide. 43 44 Crane: I'm trying to picture it. I drive down there all the time and ... 45 46 Montana: Yeah, well ... 7 1 2 Crane: Anyway, okay. So they've got to split it, five feet and five feet roughly. 3 4 Montana: Roughly. 5 6 Crane: Yeah. Okay. Thank you. 7 8 Montana: You don't notice it Commissioner Crane because they need to be 9 landscaped. They're just unimpressive in their current condition. 10 11 Crane: I'm wondering how impressive it's going to be if half of the width of the 12 median is landscaped and the other half isn't. 13 14 Montana: Eventually the other half will be developed. The properties on the other 15 side will be developed and then the median will be landscaped. 16 17 Crane: The property on the other side is developed. 18 19 Montana: Re-developed. 20 21 Crane: As I recall there's that pet resort and other things like that there. Am 1 22 right? That's the modern steel warehouse buildings. 23 24 Montana: There are, yeah, business services activities and the pet resort I believe is 25 here. 26 27 Crane: Yeah. 28 29 Montana: Yeah. 30 31 Crane: So we've got to wait for those to be knocked down and reestablished in 32 order to get the other half of the median landscaped? 33 34 Montana: Not knocked down, but more fully developed, more fully developed would 35 trigger the requirement. 36 37 Crane: Thank you. 38 39 Ferrary: I have a question. 40 41 Crane: All right. Ms. Ferrary. 42 43 Ferrary: Has that happened already in our City where it's been half way developed 44 and then the other half later on? Do we have an example of where that's 45 worked? 46 8 I Montana: Yes it has and I think more, more so in the Northrise area where the City 2 did not develop it as part of the improvement district, the edges of that. 3 They were half developed and then we're waiting for the other half. 4 5 Ferrary: So no one's really had to go in and do the last half? Cause I would think it 6 would be easier just to take the four and ask them to fully develop two and 7 then someone doe the other side ... the other two along the corridor cause 8 it would seem hard to match up whatever the landscaping is. 9 10 Montana: Well the ordinance, the Median Landscape Ordinance does grant the City, I1 and our landscape architects some flexibility in negotiating that with the 12 applicant and I will make that recommendation to Cathy Matthews who is 13 our landscape architect. When the permit comes through she will be 14 negotiating that. 15 16 Ferrary: Okay. Thank you. 17 18 Gordon: Mr. Chair. 19 20 Crane: Mr. Gordon. 21 22 Gordon: It says that a traffic impact analysis may be required upon development of 23 the property. So at this point in time we do not know the amount of like, 24 say for example how much heavy truck traffic and vans and service 25 vehicles will be using this particular piece of land and I'm not too familiar 26 with the area but I don't know how much passenger, vehicular traffic there 27 may be through there, but I would assume that egress and ingress into 28 this property will be sufficient to take care of any kind of heavy traffic that 29 they may have considering it's EI Paso. I don't know what they're 30 planning on doing with the piece of property. 31 32 Montana: Mr. Chair, Commissioner Gordon, the ... in a rezoning it's really the land 33 uses are typically too broad and vague to be able to do a traffic analysis. 34 One would have to do the whole gamut of the uses and the truck traffic 35 and that sort of thing. So it's ... it's too early to do a traffic impact 36 analysis. When we get a permit application then they'll be very specific 37 about where the buildings would be, where the driveway would be, and 38 what kinds of trucks would enter and the schedule of the employee's shifts 39 and that sort of thing. That's when it's best to do the traffic analysis. 40 41 Gordon: Thank you. 42 43 Crane: Any other Commissioner have questions? Okay. Thank you. Is the 44 applicant here? Please identify yourself sir and I'll swear you in. 45 9 I Johnson: Mr. Chairman, Members of the Planning and Zoning Commission, my 2 name is Michael Johnson, consultant engineer working with Trinity 3 Properties, LLC and Three Saints, LLC. With me here today is Mr. Greg 4 Carrasco from Trinity Properties, LLC. 5 6 Crane: Mr. ... I'm sorry your name again? 7 8 Johnson: Mike Johnson. 9 10 Crane: Mr. Johnson do you swear or affirm that the testimony you are about to 11 give is the truth and nothing but the truth under penalty of law? 12 13 Johnson: Yes sir I do. 14 15 Crane: Okay, do you have a statement you want to make in this regard? 16 17 Johnson: Mr. Chairman, I do have a presentation but it would be much of the same 18 that you've already heard so rather than give the presentation I'll maybe fill 19 in the blanks a little bit on some of the questions that I have heard here if 1 20 could. 21 22 Crane: Go ahead. 23 24 Johnson: There was a question about traffic generation. The first thing I'd like to 25 say is that right now there has been no purchase of the property by EI 26 Paso Electric, so it would be ... I do agree that it would be very premature 27 to at least at this point to answer any questions on their behalf because 28 they have not purchased the property. So at this point I think a lot of these 29 questions would be more relevant at the construction/permitting process, 30 when they actually come in and submit their construction permit for their 31 site. Too though ... though I would like to address just to ... based on the 32 information we have received from EI Paso Electric, as part of the packet 1 33 am a traffic engineer by one of my other professions back in ... several 34 years ago. We were able to generate ... the site based on what EI Paso 35 Electric has submitted that they want to do which was part of your packet, 36 would generate about 525 cars a day. Amador Avenue at the current 37 time, I don't remember the exact number, but it was between ... it was 38 around 8,800 cars a day are on Amador. So potentially you would be 39 adding another 500 vehicles. That's not really significant when you're 40 looking at a major arterial such as Amador. It's still a level of service A, so 41 it'd still be functioning quite ... with very relatively little congestion with the 42 addition of EI Paso Electric in the event that that was to take place on the 43 site. And then I would like to add again that Amador is a major arterial. 44 Our particular, the particular 34-acre property does have a ... 45 approximately, if I can get this slide show, does have approximately I think 10 I it's 1,700 feet of frontage on Amador, so that ingress and egress to try to 2 design around where existing medians are should not be a problem. 3 And I also would like to back up and to agree with the landscaping 4 of the medians that you would probably see some kind of recommendation 5 to do two full medians instead of four one-half medians when it would 6 come forward from that aspect. Let me see what other ... and I think 7 Susana mentioned it briefly, but this property was, prior to 1990, zoned for 8 industrial use and then it was zoned back to agriculture, rural agriculture 9 use which is its current designation. So what we're simply asking for here 10 today is to move back to the M1/M2 industrial standard zoning that it 11 previously had prior to 1990 which is very consistent with the properties 12 that exist around it currently today. So with that I'd be happy to answer 13 any further questions. 14 15 Crane: Thank you Mr. Johnson. Commissioners? I guess nobody has any 16 questions for you. Thank you. Members of the public. Yes, come up 17 please sir, introduce your self and I'll swear you in. Who are ..7 18 19 Rivera: My name is Floyd Rivera. And I live at 1805 W. Brown Road. 20 21 Crane: Okay. 22 23 Rivera: On the east side of Burn Lake. And I tell you that my neighbor Fred Huff 24 he and I ... 25 26 Crane: One moment sir, let me swear you in. Okay? 27 28 Rivera: Okay. 29 30 Crane: Do you swear or affirm that the testimony you are about to give is the truth 31 and nothing but the truth under penalty of law? 32 33 Rivera: I do. 34 35 Crane: I do. Thank you. Continue please. 36 37 Rivera: Okay. I can tell you that my neighbor Fred Huff and myself, we're the only 38 residents in Las Cruces that can claim that we have a lake front property. 39 Not a whole lot of water there now, but we do live next to the lake. 40 41 Crane: You've got plenty of beach but no water. 42 43 Rivera: Right. 44 45 Crane: Yeah. 46 11 I Rivera: Thank you very much for the opportunity to come before the Board to 2 express a suggestion that we have and I think will improve the 3 appearance of the ... of Burn Lake as a park. If you ... if you bear with me 4 Mr. Chairman, let me give you a little bit of background on Bum Lake. 1 5 have lived there before Burn Lake existed. The Burn Lake property was 6 nothing but cotton fields and so that I have the privilege of waking up 7 every morning and during the construction of Burn Lake and hearing the 8 loaders, the bulldozers digging Burn Lake and hauling off the dirt to build 9 Interstate 10. Now, I ... I get a chuckle when 1 read articles in the 10 newspaper or you know about stories about how when the workers were 11 digging Burn Lake that they tapped into a secret set of springs or a 12 unknown river you know that they didn't know existed. And so those 13 stories are interesting but they're ... they're not true. Okay. I watched the 14 digging of Burn Lake from beginning to end okay. And what happened is 15 they started digging and sure enough once they hit the water table they hit 16 water. And so that they couldn't dig any further because of the water that 17 was coming from underground. So what they did is they set up these 18 monster diesel engine pumps on the west side of the property and they 19 pumped 24 hours a day and they pumped into the EI Molino Drainage 20 which leads into the river and that allowed them to go further ... to dig 21 deeper into the ground. And once they had ... once they had finished and 22 tapered the banks, they turned the pumps off and the water came up to 23 the existing water table. Okay. Which at that time was pretty high. Now 24 it's ... it's so low that ... that there isn't any water in the lake. Okay. But, 25 thank you for hearing my story. 26 Now, the reason I'm here today is because several years ago a 27 group of us citizens got together and the group consisted of residents, 28 some members from New Mexico State University soil experts and water 29 experts, members from the Game and Fish Department. We had 30 members from the ... we had members of the Audubon Society, it was a 31 real nice group and so we worked for months and almost I would say two 32 years. And we worked with the City Community Development 33 Department, specifically Cathy Matthews was our ... our representative. 34 But when we ... when we were done we ... our product was a master 35 plan. The Burn Lake Master Plan. And so we presented it to City Council 36 and they approved it. Okay. And so that slowly improvements have been 37 made to the Burn Lake property. The only thing that is needed to really 38 bring Burn Lake property to ... to the master plan is money. Okay. But 39 slowly, you know things are coming along and so that I hope somebody 40 before I die, I hope that I can go down there and see Burn Lake in it's ... in 41 it's full master plan glory. Okay. Okay, but today I want ... I'm not here to 42 object to this zoning of the property. Okay. I am here and 1 have talked to 43 a number of the members of the group that put together the master plan. 44 Okay. And I'm here to make a suggestion and I think that it was included 45 in the ... in the items that Susan presented to the Board. Okay. And what 46 we would like to see is right in this area, from Amador along that road and 12 1 coming this way and all the way down here to ... to Interstate 10; we 2 would like to see some landscaping done. The landscaping to include 3 trees, shrubbery. And the reason for this is because we feel that once the 4 Burn Lake property is developed, okay, I think it would ... I don't think it 5 would ... would help for people that go down to Burn Lake to see ... to 6 look and ... and into this ... into this other property that is being talked 7 about today, okay. And, and, and looking at warehouses, storage areas, 8 number of vehicles parked in that area. And that that is all we are asking, 9 okay, is that the developer landscape this stretch all the way from Amador 10 all the way to Interstate 10. And it ... I guess we would call it a landscape 1 l buffer. I guess that's probably the best way to describe it, okay. Now, you 12 go around the country and you visit parks, trees are part of parks you 13 know. Parks are full of trees. Parks are full of shrubbery, plants, etc. etc. 14 So that I'm thinking of the future, okay. That when ... when the Bum Lake 15 property is, is, is developed per the master plan we will have a buffer of 16 trees and shrubbery that would, I feel and we feel would add to the ... to 17 the beauty of Burn Lake. 18 Now, a while ago you know you all talked about the ... the road 19 leading from Amador down into the ... into the lake, it's in bad condition. It 20 is in bad condition. And, and, and lately the ... this part of the ... of the 21 Burn Lake property, construction of this part has been underway. Okay. 22 And bulldozers, heavy load, I mean moving equipment, soil moving 23 equipment, all that heavy equipment has been coming down that ... 24 coming down that road and so that, I was down there last week and it's ... 25 it's worse. It's gotten worse. So that I ... I'm asking, we're asking 26 Community Development to look at this because it needs to be improved. 27 But that ... but that's not part of the ... of the zoning question today. And 28 so that's all I have Mr. Chairman. 29 30 Crane: Thank you. Commissioners any questions for Mr. Rivera? No, okay. 31 Thank you sir. 32 33 Rivera: I do have one last question. If you all go along with our suggestion will 34 your vote include or require the developers to include what I have 35 suggested? 36 37 Crane: No what we're doing today, no this is strictly a zoning change. Later, am 1 38 right Ms. Montana? In later stages of this development would be the time 39 to implement your suggestions or not. 40 41 Rivera: Yeah, I, 1 ... 42 43 Crane: Am I right Ms. Montana? 44 45 Montana: Mr Chair, Commissioners. When ... if this is rezoned by City Council the 46 applicant will come in for a building permit and staff will review that 13 1 building permit for their 15% landscaping and we will suggest to them that 2 they place, they devote that 15% to landscaping the edges, at least here, 3 in particular here. But I think there's going to be enough required that we'll 4 be able to get the whole perimeter landscaped. And we will suggest that 5 they place the trees and the shrubbery, dense shrubbery along this part so 6 that there is screening and more attractive entry experience. 7 8 Rivera: Good. 9 10 Crane: Thank you Ms. Montana. Thank you Mr. Rivera. Any other member of the 11 public wish to speak to this matter? Okay. Thank you. The matter's 12 closed to further public input. Commissioners we have item Z2878 before 13 us, what is your wish? No one have any debate so let's hear a motion for 14 its approval. 15 16 Beard: I move to accept 22878. 17 18 Crane: Moved by Commissioner Beard. Do we have a second? 19 20 Ferrary: I'll second it. 21 22 Crane: Seconded by Commissioner Ferrary. We ... for Mr. Gordon's benefit, 1 23 don't know if you've any experience of how we do things sir, but we do a 24 roll call vote and you say on what basis you make your decision; such as 25 findings that are presented, site visit perhaps, and ... what's the third 26 thing? What is the third thing we base? Discussion, of course. Of 27 course. And so, you go ... no actually we'll start so you can see ... we'll 28 start with Mr. Beard. 29 30 Beard: I vote yes based on findings, site visit, and discussions. 31 32 Crane: Mr. Alvarado. 33 34 Alvarado: I vote yes based on site visit, findings, and discussion. 35 36 Crane: Ms. Ferrary. 37 38 Ferrary: I vote yes due to findings and discussion. 39 40 Crane: Mr. Stowe. 41 42 Stowe: Yes based on findings and discussion. 43 44 Crane: And the Chair votes yes based on findings, discussion, and site visit. Item 45 22878 passes fivelnothing. Correction, I didn't get you Mr. Gordon. Didn't 46 add up. So used to not having that extra Commissioner. And Mr. Gordon. 14 1 2 Gordon: I vote yes based on findings and discussion. 3 4 Crane: Thank you the matter passes sixtzero. Thank you. 5 6 1. Case Z2880: Application of Borderland Engineers and Surveyors, LLC on 7 behalf of Central Park West NY, LLC, property owner, for a zone change 8 from C-2 (Commercial Medium Intensity) to C-3 (Commercial High Intensity) 9 on a 0.795 t acre lot located on the southeast corner of Avenida de Mesilla 10 and Stern Drive a.k.a. 1311 Avenida de Mesilla; Parcel ID# 02-21160. 11 Proposed Use: Seeking to replat the subject property with a portion of the 12 adjacent lot for a new commercial development; Council District 4 (Small). 13 14 Crane: We go on to the next item of new business, Z2880, application for a zone 15 change for a property at Avenida de Mesilla and Stern Drive. Sir. Oh yes, 16 we will get back Mr. Clifton. We welcome back Mr. Clifton for this. Mr. 17 Beard is that what you want to say? 18 19 Beard: I was going to recommend to the presenters that when you come to a 20 map, I notice that you have a magnifying glass and we can't read any of 21 the words, see down there at the bottom, on the left? I was wondering 22 when we come to a map if you wouldn't expand that? 23 24 Ochoa: Yes sir. Actually trying to expand the entire thing itself. 25 26 Montana: This is our first time seeing this. We don't know how ... our apologies 27 Commissioners. 28 29 Beard: There is ... there's ... okay it disappeared now. 30 31 Montana: For the record we're asking IT how to open our slide. 32 33 Crane: You have it back. 34 35 Montana: Yeah. 36 37 Crane: This is a technological hiatus. I always wanted to say that. 38 39 Beard: The maps in our presentation on this particular item seem to be quite 40 satisfactory. We don't have to use the screen. 41 42 Crane: Would you like to begin Ms. Montana or is it? 43 44 Montana: Oh it's Adam's case. 45 46 Crane: Ma'am? 15 1 2 Montana: This is Adam's case so he'll be right back. 3 4 Crane: Mr. Beard feels that our package is adequate for at least this particular 5 presentation so Mr. Ochoa's back and we'll continue. 6 7 Ochoa: Apologies for that wait gentlemen. Adam Ochoa, Development Services 8 for the record. I stand for swearing in. 9 10 Crane: Oh yes, do you swear or affirm that the testimony you are about to give is 11 the truth and nothing but the truth under penalty of law? 12 13 Ochoa: Yes sir I do. 14 15 Crane: Thank you. 16 17 Ochoa: Next case we have tonight gentlemen, ladies and gentlemen is Case 18 Z2880. It is a request for a zone change from C-2 commercial medium 19 intensity to C-3 commercial high intensity for a property located at 1311 20 Avenida de Mesilla. Shown here highlighted in the striped area pointed by 21 the subject property arrow here. Property located here, south of Interstate 22 10 along Avenida de Mesilla and Stern to the right here right on the 23 corner. Looking at the zoning map here as you can see there is the C-2 24 zone property and it's essentially a sea of commercial high intensity 25 zoning all around it, all along Avenida de Mesilla. And of course looking at 26 the aerial here, the vacant property where there was a commercial 27 business at that location but it has been ... since then has been 28 demolished and is now just a pad site essentially on the property. 29 Like I stated before it is located on the southeast corner of Avenida 30 de Mesilla and Stern Drive. And the subject property currently 31 encompasses roughly 0.795 acres. Currently zoned C-2 and the subject 32 property is located within what we call the Avenida de Mesilla Gateway 33 Overlay for the City of Las Cruces which is essentially the gateway if you 34 will for where the City is looking at the design standards and requirements 35 of kind of historical look and feel between, and that gateway between what 36 is the City of Las Cruces and of course the Town of Mesilla to the south. 37 Subject property is currently vacant. The applicants are seeking to 38 enlarge the existing 0.795 acre property by replatting it to encompass a 39 portion of the neighboring eastern property which is currently zoned C-3. 40 The resulting lot would actually be comprised of two zoning designations 41 with the replat; C-2 and C-3. And the new lot would actually exceed the 42 maximum lot size requirement permitted for a C-2 zone property which is 43 one acre. This zone change will facilitate for compliance with the 2001 44 Zoning Code for that development standard for the maximum lot size 45 requirement and will also create just one consistent zoning district for the 46 new lot, all of it being C-3 instead of being C-2/C-3 if you will. There are 16 I no current specific uses currently proposed for the subject property at this 2 time but staff would like to point out since a portion of this lot is within the 3 Avenida de Mesilla Overlay, the new portion that would be added to it is 4 not part of it but whatever is developed on this new lot will still need to 5 follow all design requirements and development requirements of the 6 Avenida de Mesilla Gateway Overlay. 7 You can see it here on the site plan; a little blurry unfortunately, 1 8 apologize about that. Subject property here. This being the portion of that 9 eastern lot that would be taken into, with this lot to the east. The new lot 10 would be over an acre in size, just kind of showing you what's going on 11 with that. 12 After reviewing the proposed zone change staff does recommend 13 approval without conditions for the proposed zone change based on the 14 findings presented in your staff reports. The Planning and Zoning 15 Commission is the recommending body to City Council for all zone change 16 cases. With that Council ... Commissioners your options tonight is: 1) to 17 vote "yes" to approve the proposed zone change as recommended by 18 staff for Case Z2880; 2) to vote "yes' to approve the request with 19 conditions deemed appropriate by the Commission; 3) to vote "no" and 20 deny the request or; 4) table and postpone and direct staff accordingly. 21 Just for the record staff did not receive any public input for the proposed 22 zone change, no issues. One gentleman just called wondering what was 23 going on and was in support of that zone change since everything as he 24 stated, everything around there is already zoned C-3, so it's definitely not 25 out of character with that existing area. The applicant is here and his 26 representative is here too, to answer any questions as well if you have 27 anything for them. And I stand for questions. 28 29 Crane: Thank you Mr. Ochoa. Commissioners any questions? Mr. Clifton. 30 31 Clifton: Mr. Chair, Adam would it be safe to say this is in essence a clean up to 32 bring the property in compliance to the 2001 Zoning Code as Amended? 33 34 Ochoa: Mr. Chairman, Commissioner Clifton, that's essentially correct. When ... 35 the replat is what's trigging this property to come into compliance if you 36 will when it's newly replatted. The City frowns upon slash zoning so C- 37 2/C-3 is definitely not something we would like on the property and then it 38 ... it would essentially clean up the property with the replatting of it as well. 39 That is correct. So it is a clean up. 40 41 Clifton: Okay. Thank you. 42 43 Crane: Any other Commissioner? Thank you Mr. Ochoa. The applicant's 44 representative wish to speak to us. 45 17 I Scanlon: Thank you Mr. Chair, Members of the Commission. My name is Ted 2 Scanlon, 2540 N. Telshor in Las Cruces. 3 4 Crane: Do you swear or affirm Mr. Scanlon that the testimony you are about to 5 give is the truth and nothing but the truth under penalty of law? 6 7 Scanlon: I do. 8 9 Crane: Thank you sir, please go on. 10 11 Scanlon: Thank you. I don't really have anything to add to Mr. Ochoa's very 12 succinct presentation and ... but I would answer any questions you might 13 have. 14 15 Crane: Thank you. Commissioners, any questions for Mr. Scanlon? It seems 16 not. Thank you sir. 17 18 Scanlon: Thank you. 19 20 Crane: Members of the public? Anybody wish to address this issue? All right in 21 that case we'll close it to further discussion. Commissioners we have 22 before us Case 2880 the change of zoning on the property at Avenida de 23 Mesilla and Stern Drive. Can I have a motion that we ... Mr. Clifton your 24 light's lit. 25 26 Clifton: I make a motion the Commission approve, recommend for approval Case 27 Z2880, a zone change from C-2 to C-3. 28 29 Crane: Thank you Mr. Clifton. And Ms. Ferrary were you going to second? 30 31 Ferrary: Yes, I would like to second. 32 33 Crane: All right. Any discussion Commissioners? In that case let's proceed with 34 a roll call. We'll start with Mr. Clifton this time. 35 36 Clifton: Aye based on findings, particularly compliance with the 2001 Zoning Code 37 as Amended as referenced in the findings for approval. 38 39 Crane: Okay. Commissioner Gordon. 40 41 Gordon: I vote yes based on a site visit and findings. 42 43 Crane: Commissioner Stowe. 44 45 Stowe: I vote yes based on discussions and findings. 46 18 1 Crane: Commissioner Ferrary. 2 3 Ferrary: I vote aye based on findings, discussion, and site visit. 4 5 Crane: Commissioner Alvarado. 6 7 Alvarado: I vote aye based on discussion, findings, and site visit. 8 9 Crane: Commissioner Beard. 10 11 Beard: I vote yes based on site visit, discussions, and ... 12 13 Crane: What is it? Findings. 14 15 Beard: Findings. 16 17 Crane: You're no better than I am. And the Chair votes aye based on findings, 18 discussion, and site visit. Thank you all. 19 20 2. Case IDP-14-07: Application of Gabriel Ortiz on behalf of George Ortiz, 21 property owner, for an Infill Development Proposal. The proposal would 22 allow the construction of a single-family dwelling unit (with consideration for 23 the possible construction of additional dwelling units on the property in the 24 future) on a 0.14-acre tract. The property is zoned R-4 (Multi-Dwelling High 25 Density), which otherwise would not allow such a unit. It is addressed as 821 26 Fir Avenue. Parcel ID# 02-05078, Councillor District 1 (Councillor Silva). 27 28 Crane: We'll proceed to our last Case IDP-14-07, which concerns a proposal for 29 an Infill Development at 821 Fir Avenue. Mr. Ochoa is going to address 30 this I think. No, oh yes, Mr. ... I'm sorry. 31 32 Ochoa: Mr. Guza. 33 34 Crane: Your name is on, there it is, right, Mr. Guza. Yes. Thank you. Please go 35 on. Oh I have to swear you in. Mr. Guza do you swear or affirm that the 36 testimony you are about to give is the truth and nothing but the truth under 37 penalty of law? 38 39 Guza: 1 do. 40 41 Crane: Thank you. Please go on. 42 43 Guza: Actually Chairman the applicant had a mix up with the day and he was 44 trying to send a representative to represent him this evening, that's why 1 45 was out in the lobby trying to contact a representative and it does appear 46 they did not make it here right now, so we may need to ask for a tabling or 19 I a postponement of this case. 2 3 Crane: Well Mr. Beard. 4 5 Beard: I suggest that we go ahead with it and if we have a question of the 6 applicant then we can table it. 7 8 Crane: That legal Mr ... 9 10 Ochoa: Mr. Chairman, Commissioner Beard, unfortunately since the applicant is 11 not here or representative of the applicant we cannot discuss or actually 12 even just do an overview of the proposed case since there is nobody 13 representing the case unfortunately at the public meeting sir. 14 15 Crane: Then I guess we have no alternative but to, what's the technical term, 16 table this until I presume the next meeting. 17 18 Ochoa: Mr. Chairman that is correct. If the Commission so chooses to do, they 19 could actually postpone this to date specific meeting which would be 20 possibly our next meeting, next month's meeting and hopefully we'll be 21 hearing it then. 22 23 Crane: All right let me entertain a motion that this matter be tabled, this is IDP-14- 24 07 table until specifically the next meeting of the Commission. 25 26 Beard: So moved. 27 28 Crane: Moved by Mr. Beard. 29 30 Ferrary: I can second it. 31 32 Crane: Second by Ms. Ferrary. You've got to be faster. Okay we'll take a voice 33 vote on this. All in favor aye. 34 35 ALL: AYE. 36 37 Crane: Opposed. And abstentions. That matter passes seven/zero. 38 39 VI. OTHER BUSINESS - NONE 40 41 Crane: So we'll go onto other business Mr. Ochoa or Mr. Guza. 42 43 Ochoa: Sir there are no others, no other business in the agenda today. 44 45 46 20 I VII. PUBLIC PARTICIPATION 2 3 Crane: Any public participation? 4 5 Vlll. STAFF ANNOUNCEMENTS 6 7 Crane: Staff announcements? 8 9 Ochoa: Mr. Chairman, as you're all aware of course we do have our seventh and 10 final Commission, Planning and Zoning Commission Member, 11 Commissioner Gordon. So great name, we'll start the Batman references 12 as soon as the next meeting starts. We definitely, staff is happy to have 13 now a full Commission. I'm sure a lot of you all are as well. But definitely 14 look forward to a nice long term with a full Commission. 15 16 Crane: Yes, I think we will too. At least don't get up in the morning worrying about 17 tied votes which has been a problem for me. 18 19 Gordon: You can send up the Bat signal whenever you're ready. 20 21 Ochoa: And it commences. 22 23 Crane: Thank you Mr. Gordon. 24 25 IX. ADJOURNMENT 26 27 Crane: In that case we are adjourned at 6:55. 28 29 30 31 32 33 34 Chairperson 35 36 21