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