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10-11-17 DRC1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DEVELOPMENT REVIEW COMMITTEE (DRC) Following are the verbatim minutes from the City of Las Cruces Development Review Committee Meeting held Wednesday, October 11, 2017 at 9:00 a.m. at City Hall, Room 1158, 700 North Main Street, Las Cruces, New Mexico. DRC PRESENT: Robert Kyle, Community Development Mark Dubbin, Fire Department Rocio Dominguez, Engineering Services -CD John Reid, Utilities STAFF PRESENT: Katherine Harrison -Rogers, Senior Planner Sara Gonzales, Community Development Becky Baum, Recording Secretary, RC Creations, LLC OTHER PRESENT: Eddie Binns David Binns I. CALL TO ORDER (9:01 a.m.) Kyle: I'm going to go ahead and call this meeting of the DRC to order. It is October 11th, 9:00 a.m. II. APPROVAL OF MINUTES - October 4, 2017 Kyle: First item of business is approval of the minutes. We have minutes from the October 4 DRC meeting. Were there any corrections to note for the record? Seeing none. I'd entertain a motion to approve the minutes. Dominguez: So moved. Gonzales: Second. Kyle: It's been moved and seconded. All those in favor please signify by saying aye. MOTION PASSES UNANIMOUSLY. Kyle: Any opposed? The minutes are approved. III. NEW BUSINESS 1. S-13-028: Diamond Springs Phase 6B Final Plat- Extension Request • A request for a two (2) year extension to the final plat of phase 6B of Diamond Springs, administratively approved on September 10, 2013. • The extension would result in an expiration date of October 11, 2019. 1 1 • The final plat creates 83 single-family residential lots and several rights- 2 of -way on 25.067 +/- acres. 3 • The subject property is located east of Roadrunner Parkway and north of 4 Sonora Springs and is located within the High Range PUD. 5 • All public improvements have been constructed and accepted for 6 maintenance by the City of Las Cruces. 7 • Submitted by Eddie Binns of Binns Construction & Reality. 8 9 Kyle: Next item, new business, S-13-028, Diamond Springs Phase 6B Final Plat 10 - Extension request. Staff can you let us know what's going on. 11 12 Gonzales: A brief overview, this was a subdivision that was approved and the final 13 plat has been approved as of 2013, September 10th. This is for an 14 extension to the final plat from being filed at the County. The roadways 15 have been constructed and accepted by the City once the subdivision is 16 filed. The subject property is located on the east side of Roadrunner 17 Parkway and north of Sonora Springs located in the High Range PUD. 18 The plat consists of 83 single-family lots with additional right-of-way that is 19 provided. It encompasses about 25 acres. That's about it. 20 21 Kyle: Mr. Binns is the applicant with the request and my understanding is you're 22 just wanting to delay actually filing the plat until market conditions are 23 more conducive. 24 25 Binns: That is correct. 26 27 Kyle: Okay. All the infrastructure has been put in. Anything else you want to 28 add beyond that? 29 30 Binns: My communication, I don't know if you all received copies of it, in a 31 neighborhood of 80-some-odd lots I would like to sell them all in one year, 32 but they're going to be over multiple years of selling that many lots in this 33 particular price range at this time. There was a point when houses in the 34 $200,000 to $300,000 price range were quite active, and at this time the 35 Las Cruces market the house market is heavier at the $150,000 to 36 $200,000, a slightly lower level. I did not want to drop the economic value 37 of the houses in this neighborhood down into that level because of the 38 complaints I would get from other existing homes in the immediate area, 39 devaluation. So there are a number of reasons to back off. One of them 40 is that people would come in and pick out the choice lots with the best 41 views and say "I want a house on this lot." And if it's on the market then 1 42 am obligated to sell it to them. Well there may be houses, there may be 43 vacant lots on either side, front or back and in the construction process the 44 existing ground cover could get damaged and destroyed and we have 45 dust issues that come up as well as water starts getting from the 46 neighbors yard back and forth, we've got weeds that start growing. And FA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 want to try to stay away from some of those complaints as long as possible for both my phone and from the City's phone. Those are a couple of issues from that standpoint. There are a couple of other issues. As long as I have not filed the plat this piece of real estate is not on the tax rolls as 83 lots. It's on the tax rolls as 25 acres of real estate. And the tax differential between those two is a multiplier of about 10. So the taxes would go up 10 times what I'm currently paying upon filing the plat with no changes in anything to justify it. The other reason that you guys may not be fully aware of, in the process of development of a subdivision El Paso Electric requires a cash deposit and/or a letter of credit that can be drawn on for the installation of electricity in a subdivision. These 83 lots would have a cash deposit or a letter of credit of close to a quarter -million dollars. And once the plat's filed, once electricity is activated, the clock is ticking upon the timeframe that El Paso Electric can call on this. And it puts a pressure to sell lots at a lower price or change your marketing strategy which I'm not interested in doing, or increasing the cost of the buildings site by those additional fees that El Paso Electric's putting on it. So kind of like the impact fee. El Paso Electric does not call on the payment of their requirement unless the lot is not built on. Once it's built on there's revenue generated and the developer's not responsible for that fee. But as long as that lot is sitting vacant and not making El Paso Electric any money, they have the obligation from their stockholders to call on that to (inaudible) their funds out. So there are a couple other reasons obviously on holding up following the plat in addition to the neighborhood issues, but give's you a little bit of an idea of what a developer goes through and what he has to look at and evaluate. Kyle: Sure. Thank you for that explanation. So the request is for a two-year extension to file the plat. The plat's actually approved and still valid, it's just a two-year extension basically to allow before the plat get's filed. Any comments from staff? Any issues regarding the extension of the approved plat? Dominguez: I just have a question. You said that the improvements have been ... Binns: Approved and accepted. Dominguez: Accepted. Yes, that's the word I was looking for. Binns: Streets and all utilities. Dominguez: Right. So that means we're under the warranty already. Gonzales: No, because the plat hasn't been filed. Once the plat is filed then the City will take over maintenance. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Dominguez: Okay. So that the warranty still takes. Binns: I don't think that's correct. I think once it's been accepted and there's a four -month timeframe they have been accepted because ... Dominguez: Then it's a one-year warranty. Binns: The City has been maintaining the water issues up there to keep it flushed out and there has been maintenance taking place on it. Kyle: The roads haven't been used and not probably requiring maintenance. Reid: Provided an easement for all of this. Binns: That is correct. Yes. Kyle: All the infrastructure is in place. Dominguez: So then the warranty it's already running the one year. Kyle: I'm assuming the warranty already run. Dominguez: Okay. Kyle: But we can go back and look at records, especially when it comes time to file the actual plat itself. Dominguez: And my next question, how many extensions does the code allow? Kyle: There's no limitations, pursuant to the code. Dominguez: Okay. Those are all the questions I had. Kyle: Fire. Dubbin: No issues. Kyle: Okay. With that in mind I'd entertain a motion to approve the extension for the plat. Dubbin: Motion to approve. Dominguez: Second. Ell 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Kyle: It's been moved and seconded. All those in favor please signify by saying "aye." MOTION PASSES UNANIMOUSLY. Kyle: Any opposed? Seeing none. The plat is extended for a period of two years. Is there any other business before the DRC this morning? Seeing none. IV. ADJOURNMENT (9:08 a.m.) Kyle: I would entertain a motion to adjourn. Dominguez: So moved. Dubbin: Second. Kyle: It's been moved and seconded. We are adjourned at 9:08. Chairperson 5