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02/24/2004• • 1 REGULAR MEETING 2 OF THE 3 PLANING AND ZONING COMMISSION 4 FOR THE 5 CITY OF LAS CRUCES 6 City Council Chambers 7 February 24, 2004 8 6:00 pm 9 10 BOARD MEM6ERS PRESENT: 11 Quentin Ford, Vice-Chair 12 William Ludtke 13 Bruce Buchman 14 Elizabeth Camunez 15 Nancy Binneweg 16 17 STAFF PRESENT: 18 Robert Kyle, Planner 19 Kirk Clifton, Planner 20 Lani Ruth McCarron, Planner 21 Carmen Alicia Lucero, Recording Secretary 22 Richard M. Jacquez, Assistant City Attorney 23 Robert Gonzales, Fire Department 24 z5 -1- • • 1 VICE-CHAIR FORD: It is time to call the meeting to order, the clock on the wall says so, so I will 2 call this meeting to order. 3 We have a couple of three items before we take up the agenda. One, I'd like to have each of the 4 Council members introduce ourselves, and so, particularly because we have one real new member, 5 almost new member, and one slightly almost new, and at least we'll all know each other. 6 I'm from District 2, Quentin Ford, Vice-Chairman of the group. Mr. Ludtke? 7 BRUCE BUCHMAN: District 4, Bruce Buchman, I'm the secretary. $ NANCY 61NNEWEG: I'm the Mayor's appointment, so this is my first meeting in quite a while. I 9 used to serve District 2. Mr. Ford was my replacement, and my name is Nancy Binneweg. 10 LUDTKE: Trowbridge is what it is. 11 VICE-CHAIR FORD: Thank you, we're glad to have you here, Nancy, back again. 12 BILL LUDTKE: Bill Ludtke, District 5, Councilman. 13 ELIZABETH CAMUNEZ: Elizabeth Camuriez, and I'm in Councilman's Trowbridge District. 14 VICE-CHAIR FORD: I don't know. 15 LUDTKE: Three, four? 16 CAMUNEZ: District 4? 17 LUDTKE: Four? I think it... 18 VICE-CHAIR FORD: District 4. 19 CAMUNEZ: District 4. 20 VICE-CHAIR FORD: I'd like to welcome Nancy on and Elizabeth too, and we have one other 21 item. In a way, it's a very pleasure to do it, and in another way is kind of a sad thing. 22 Mr. Buchman, would you take care of the next item? 23 BUCHMAN: Yes, I will. 24 Dolores, come up here. Stand here, beside me. There are a lot of people in the world that are 25 takers, and a few givers. We hear here occasionally, we hear people come and say, I don't want this, I don't want that, this isn't right forme, this isn't what I want; and then there are many people who give -2- • • 1 years and years of their time serving on boards, functions, different things within the City, within 2 government. 3 And Dolores Walls served on the Planning and Zoning Commission from 9/19, let's see, nine, 4 that's gotta be September; September 1St, 1996 `till January 15t of this year. Almost eight years of coming 5 to the meetings, once a month. Going to what, a half a dozen planning sessions every month? And 6 going out and looking at the places that we're talking about. So, you give a lot back to the community, 7 and we wanted to make sure that if she's wondering through her house, in years to came, that she'll be $ able to look at something, not so much from the City, but this is from the Board of Directors. City of Las 9 Cruces Planning and Zoning Commission Board of Directors thanks to Dolores Malls for your many years 10 of dedicated service. So, on behalf of the Board, we'd like to present you with this and say thank you. It 11 was a pleasure serving with you all those years. 12 DOLORES HALLS: And thank you, and thank the Board. 13 VICE-CHAIR FORD: Thank you Dolores. 14 (Clapping) 15 HALLS: I just might say, I'm going to miss the site visits, because I always got to know what was 16 going on in the community before the rest of my friends, so I kept them informed and now I won't be able 17 to do it. But thank you very, very, much. 1$ VICE-CHAIR FORD: Robert? 19 ROBERT KYLE: Mr. Chairman, Commissioners, members of the public, on behalf of the City of 20 Las Cruces, we'd also like to present Commissioner Halls with a Certificate of Appreciation for her service 21 to the City of Las Cruces on the Planning and Zoning Commission. We have a Certificate of Appreciation 22 signed by the Mayor and attested to by the City Clerk and on behalf of staff, we certainly want to thank 23 you for your time and effort (inaudible). 24 HALLS: Well, thank you so very much. 25 (Clapping) -3- • • 1 VICE-CHAIR FORD: Dolores? Unless you're in a mad rush, you're welcome to come up and sit 2 with us as an emeritus member for this meeting. You can't vote, but you can sit. 3 HALLS: Thank you but, been there, done that. 4 CHAIR FORD: And we do sincerely thank you for all of your wisdom and service here. 5 HALLS: You're welcome. 6 VICE-CHAIR FORD: There are copies of the agenda on the table, I believe. Same left if anyone 7 would like to have one. 8 Could we have a motion to approve the agenda? 9 BUCHMAN: I make a motion we approve the agenda as presented. 10 BINNEWEG: Second. 11 VICE-CHAIR FORD: Is there anyone, or do we need any corrections to the agenda? 12 I think you all have seen the items there. The...we have four items on the Consent agenda, one 13 on New Business, and then if there's any business, public participation, staff and so forth. Does anyone 14 want to hear any of this read, or shall we proceed on with the agenda as it has been made available? 15 BUCHMAN: It's your decision, Mr. Chairman, if you wish to read it. 16 VICF-CHAIR FORD: Well, it's the decision of the commissioners too, if you want to make any 17 changes. I'm not going to read it. 18 BUCHMAN: OK. It's fine by us. 19 CAMUNEZ: Mh hm. 20 VICE-CHAIR FORD: It's been moved and seconded that we approve the agenda, which would 21 approve the consent items, if we so approve. 22 CAMUNEZ: Mh hm. 23 VICE-CHAIR FORD: Did you want to see... 24 BUCHMAN: Oh, OK, if you're gonna da that. I wish to remove item...Case number 5-03-114 off 25 the Consent, and I wish to remove Case 5-04-008 off the Consent. VICF-CHAIR FORD: That's item number one and number two on the agenda? -4- • • 1 BUCHMAN: Yes, Mr. Chairman. 2 VICE-CHAIR FORD: Is that all right with the other Commissioners? So, they...those will now 3 become under New Business, items two and three, under New Business. 4 Are there any other changes? 5 BUCHMAN: Are you considering the minutes in the agenda? 6 VICE-CHAIR FORD: No, we're... 7 BUCHMAN: They're gonna be different... 8 VICE-CHAIR FORD: They will be considered...they are an agenda item that will be considered. 9 BUCHMAN: OK. 10 VICE-CHAIR FORD: Any other changes? 11 We have a motion. All in favor of the approval of the agenda as corrected, or as changed, rather, 12 say Aye. 13 BOARD: Aye. 14 VICE-CHAIR FORD: Opposed? 15 So be it. Our agenda is approved. 15 Now for the minutes. The minutes of January the 27t", '04? Any action on those? You have all 17 received copies of them; I hope you have read them. 1$ BUCHMAN: I make a motion we approve the minutes from January 27t", 2004 as presented. 19 CAMUIVEZ: I second it. 20 VICE-CHAIR FORD: Any comments, discussion? 21 All in favor say Aye. 22 BOARD: Aye. 23 VICE-CHAIR FORD: Opposed? 24 BINNEWEG: Abstained. 25 VICE-CHAIR FORD: Minutes are approved, thank you. _g_ • • 1 Now then, we had two items on...there's only...yeah two items left on the Consent agenda, with 2 the approval of the agenda, those are now approved. 3 We are at New Business: Case one, which is Case S-03-090. Before I do that, let me make a 4 comment; kind of the standard hardware-type comment. 5 The way we conduct our business here at the meetings is as follows: When we get to the public 6 input portion of each case, I will allow each speaker three minutes to present your points of view, if there's 7 a community spokesman, they can have up to 15 minutes, if they don't cover everything then, one 8 additional minute per person that has something new that the spokesman forgot to bring out. 9 Having said that, now let's go ahead and look at the agenda with the items that are on it. 10 Item one under New Business then is Case 5-03-090: A request for preliminary plat approval of 11 Kammann Subdivision. The subject property is located at the southwest corner of Hadley Avenue and 12 17th Street. The preliminary plat contains 5 lots on 10.2781 acres zoned M-1 (which is Industrial Light). 13 Submitted by Zia Engineering and Environmental Consultants, Inc. for Alameda Land & Development 14 Corporation. 15 Is there anyone here to make a presentation for this case? 16 MARTY PILLAR: Yes. 17 VICE-CHAIR FORD: And when you do come up, will you please carefully state your name, 18 identify yourself for our minute records, is what we want it. Plus, we'd like to know wha you are. 19 PILLAR: Yes, Mr. Chairman. My name is Marty Pillar, and I'm here representing the Kammann 20 Family Trust who is owner of this property, not Alameda Land & Development Corporation. That is a 21 misprint 22 The Kammann Subdivision is a 10.278 acre parcel that is currently zoned M-1. It also was 23 distributed into five lots. The lots will range in size from .527 acres to .Ofi9 acres. The subdivision fronts 24 on Hadley Avenue which of this 10.27 acres, a little over half acre will be dedicated to the right-of-way of 25 Hadley Avenue. The Hadley Avenue will be a 70 foot right-of-way, as approved by the City now, and it'll -ti- • • 1 be building half of the roadway improvements on Hadley Avenue. I'll be happy to answer any questions 2 that the Commission might have on this parcel. 3 VICE-CHAIR FORD: Mr. Kyle, are you going to present, or Kirk? 4 KIRK CLIFTON: Mr. Chair, members of the Commission, as stated this is a request for 5 preliminary plat approval of Kammann Subdivision. There is an error right there. I would like to clarify for 6 the record; there was an error on the case blurb on the agenda. This is actually case 5-03-112, 7 submitted by Zia Engineering and Environmental Consultants, Inc., for William J. Kammann and Erma R. 8 Kammann Trust, Lesley W. Kammann Trustee. 9 As noted, the property is located on the southwest corner of Seventeenth and Hadley. There are 10 proposed five lots. Aerial photo indicates the property is currently vacant. I believe there's a storage 11 facility at this location for some type of a contractor. Brass Way, which is not shown as an improved road 12 is...ties in from Hadley to Copper Loop and the Dona Ana County Detention Facility is located here. 13 For the benefit of the Commission, as far as area zoning, the property is outlined in green. This 14 area is predominantly M-1, Manufacturing Light. Across the street is some R-4 of C and C-2 along 15 Picacho Avenue, and some conditional to the east. 16 Preliminary plat does contain five lots. The developer would be required, or is required to provide 17 road improvements to Hadley and Seventeenth. We've discussed this with the consultant as 18 representative of the developer, and they proposed to us to come in and essentially construct the 19 necessary improvements from Seventeenth on Hadley adjacent to the property to be consistent to what 20 the City recently constructed east of Seventeenth to Valley Drive. It's a slight deviation from what the 21 Design Standards require. It's within a 70 foot right-of-way versus an 85, but at this time the City does 22 not feel it's necessary to impose a greater road improvement standard on the developer that the City just 23 recently constructed, so we want to try and keep things consistent to that area. Just as a point of 24 information, the DRC does have the authority to grant that type of a waiver at a staff level, so that has 25 already been addressed. -7- • 1 As far as improvements to Seventeenth Street, the City of Las Cruces, will soon undertake a 2 project to construct Seventeenth from west Amador to west Picacho within it's current right-of-way, so 3 with this particular subdivision, the developer will not be required to provide additional right-of-way nor 4 road improvements because the City will be taking care of that adjacent to their property. 5 With that said, based on the review of the road improvement situation and right-of-way issues for 6 this development, the DRC recommends conditional approval with the following conditions: 7 1) The developer will be required to provide additional right-of-way for Hadley Avenue adjacent 8 to the proposed preliminary plat, in the amount equal to the existing 70 feet east of 9 Seventeenth Street. 10 2) The developer will be required to construct %Z of Hadley Avenue adjacent to the proposed 11 preliminary plat with the same roadway cross section that the City constructed for Hadley 12 Avenue from Seventeenth Street to Valley Drive, and 13 3) The developer will not be required to provide additional right-of-way for Seventeenth Street. 14 The City of Las Cruces will be constructing Seventeenth Street from west Amador, to Picacho 15 Avenue. 16 And just let me touch on something back on Condition number one. I state here that the 17 developer will be required to dedicate right-of-way in the amount equal to the existing 70 feet. The 1$ reason that condition is like that is because the right-of-way width varies throughout this section of 19 Hadley, so what they're going to do is just come in and dedicate the amounts on their side of the roadway 20 to basically even it out, so it's not really defined, it's just more of a design-type issue that will be handled 21 on paper, essentially. 22 If the Commission has any questions, I'd be happy to answer them. 23 VICE-CHAIR FORD: Thank you. Is there anyone from the public who would like to ask 24 questions at this time? 25 -8- • • 1 No one? Seeing none, then I will close the discussion for the public and ask the Commissioners 2 the same question. Is there anyone on the Commission who would like to ask a question either of the 3 applicant or of the staff? 4 Ludtke? 5 LUDTKE: The developer. There's this irrigation ditch that's in the south side of the property. 6 You see the property line goes to the center of that ditch? 7 PILLAR: Yes sir. 8 LUDTKE: Because I noticed when I was out there how this climbs from Hadley, climbs on up to 9 the ditch? 1 Q PILLAR: Yes. That is correct. 11 LUDTKE: So, the half of that stays there, and...? 12 PILLAR: Yes, the irrigation ditch will stay there. It, what it's is the waste way to the drain further 13 to the east, and that will...that ditch needs to remain in to keep the EBID system functioning properly. 14 LUDTKE: So the road that's on the north side of that ditch is considered in your property? 15 PILLAR: It serves, yes sir. 16 LUDTKE: And all these lots? 17 PILLAR: Yes sir. 18 And the parts, or the company that came across, came across the Brass Way and put a fenced 19 area in there, they're going to vacate? Is that their prop...they're gonna buy that property, or is it...? 20 PILLAR: Yes... 21 LUDTKE: ...their lot? 22 PILLAR: Rio Grande Pump, is just to the west of Brass Way, that is their storage area and they 23 are looking at purchasing that very westerly lot, yes. 24 LUDTKE: OK. And...that's it. Thanks. 25 PILLAR: Thanks. -9- • • 1 VICE-CHAIR FORD: Thank you. Any other questions? Any Commissioner? 2 BUCHMAN: You have something? 3 VICE-CHAIR FORD: No, I didn't have anything. 4 BUCHMAN: OK. I make a motion, now let me ask one question now, did we change the case 5 number Mr. Kyle? It's still 5-03-09? What's the case number now? 6 CLIFTON: Please reflect, it's Case 5-03-112. 7 BUCHMAN: 1 1 2. OK. I make a motion we approve Case S-03-112, including the 8 recommendations of staff. 9 CAMUNEZ: I second it. 10 VICE-CHAIR FORD: Secretary, will you be sure that, and make that natation. And also, we'll 11 have to make a Hate that the agenda was wrong on that too. 12 Are you ready for the motion...for the vote then? 13 Mr. Buchman? 14 BUCHMAN: Aye, based an site visit and findings. 15 VICE-CHAIR FORD: Ms. Bennewegg? 16 BINNEWEG: Aye, based on site visit and findings. 17 VICE-CHAIR FORD: Ms. Camunez? 18 CAMUNEZ: Aye, based on findings. 19 VICE-CHAIR FORD: Mr. Ludtke? 20 LUDTKE: Aye, findings, site visit, and discussion. 21 VICE-CHAIR FORD: The Chair votes aye, based on findings, discussion, and site visit. 22 Thank you. We're ready for the item two, which was on the agenda as Consent Case number 23 one, or Case S-03-174: The request for the far preliminary plat approval of Sedona Hills Subdivision 24 IV. The subject property is located within the Sonoma Ranch East Master Planned area, generally 25 northeast of the intersection of Sonoma Ranch Blvd. and Sonoma Springs Blvd. The preliminary plat contains 81 acres...81 lots on 27.5621 acres (approximately 3.1 dwelling units per acre) zoned R-1a _10_ • • 1 (Single Family Medium Density Residential) and C-2 (Commercial Medium Intensity). Submitted by 2 Blackham, Roman, Gunaji and Associates, for Sonoma Ranch Subdivision Ltd. 3 BUCHMAN: Mr. Chairman? 4 Excuse me for interrupting, but seeing as I took it off the consent, I'd be willing to have both of them heard at the same time, because my objections will be the same for both of them. So, to save the 5 time of going through everything, if the staff and the contractor wants to present it together, that's fine by 6 me, if it's OK with the rest of the Council... 7 VICE-CHAIR FORD: Is that all right... 8 BUCHMAN: ...the Commission. 9 VICE-CHAIR FORD: ...with the rest of the Commission? 10 CAMUNEZ: Mh hm. 11 VICE-CHAIR FORD: All right. Is that all right with the presenter? Do you agree to that? 12 NAREN GUNAJI: Yes, Mr. Chairman. 1 ~ VICE-CHAIR FORD: All right. Then the...let me continue on then. The other half of this case then will be...the item we're going 14 to hear is Case S-04-008: A request for preliminary plat approval of Sedona Hills Subdivision 5. The 15 subject property is located within the Sonoma Ranch Estate...East Master Planned area, generally 16 northeast of the intersection of Sonoma Ranch Blvd. and Sonoma Springs Blvd. The preliminary... 17 CAMUNEZ: Sonora Springs. 18 VICE-CHAIR FORD: Sonoma Springs Blvd. Sonora. Sonora Springs Blvd. The preliminary plat 19 contains 53 lots on 26.8511 acres. Zoned R-1a (Single-Family Medium Density Residential) for 20 approximately 16.026 acres (approximately 3.1 dwelling units per acre) and R-4 (Multi-Dwelling High 21 Density & Limited Retail and Office) for approximately 10.825 acres. Submitted by Blackham, Roman, 22 Gunaji and Associates, for the Sonoma Ranch Subdivision Ltd., Co. 23 Now then, Mr. Gunaji. KYLE: Excuse me, Mr. Chairman. A point of order; the Commission will need to actually have a 24 motion to suspend the rules to hear the cases separately and then un-suspend them and vote on, or hear 25 -11- • • 1 the cases together and then un-suspend them and vote on them separately. So, we will need an official z motion... 3 VICE-CHAIR FORD: OK 4 KYLE: ...to suspend the rules. VICE-CHAIR FORD: Thank you Mr. Kyle. 5 BUCHMAN: I make a motion to suspend the rule to hear the cases jointly. 6 VICE-CHAIR FORD: Is there a second? 7 CAMUNEZ: I second it. 8 VICE-CHAIR FORD: All in favor say Aye. 9 BOARD: Aye. 10 VICE-CHAIR FORD: Opposed? All right, now you can proceed. 11 GUNAJN: Thank you Mr. Chairman. The map on the screen is Sedona Hills 5, the Case number 12 is S-04-114. It's a preliminary plat that was presented for development in the light of our approved mas#er 13 Plan. (Pause for Power Point presentation help). Thank you. Next to the previous maps, the Case number S-04-008, is the Sedona Hills number five, which is 14 adjacent to that, and both of those preliminary plats are in conformance with what we presented earlier in 15 our master plan. 16 We have discussed with the staff extensively on these two particular preliminary plats and other 17 related matters that are...there are no matters pending, if there are any matters pending, we would work 18 with the staff and satisfy them before we submit the master plat. 19 I'll answer any questions that you have. 20 LANI RUTH MCCARSON: Chairman, Commissioners, I'll just run through this briefly. This is the 21 Power Point for the Sedona Hills 5 preliminary plat proposal, but I think I can use it to illustrate the other 22 case as well. 23 As Dr. Gunaji indicated, this is the vicinity map for the Sedona Hills 5 Subdivision area. The 4 was, sorry, I went too far. The Sedona Hills Number 4 is located in this area here to the east of the 24 Sonoma Ranch East Master planned area. This illustration here is the Sonoma Ranch east Master 25 planned area. The Sedona Hills Number....phase number 4 does contain 81 lots on approximately 27 -12- • • 1 acres. It contains 26...approximately 26 acres of single family uses, and approximately 1.2 acres of 2 commercially zoned property to the far northeast corner of the Phase 4. 3 Sedona Hills 5 contains 53 lots on approximately 26 acres; consisting of approximately 16 acres 4 of Single Family Residential uses, and approximately 10 acres of High Density Residential Limited Office. This is the R-4 zoning portion of the phase 5 proposed preliminary plat. 5 I can answer any further questions that you have. If you'd like to see the preliminary plat 6 specifically for 5. I also have the other one for 4. Both proposals do conform to the Sonoma Ranch East 7 Master Planned Area. And, the DRC did recommend approval of both cases. And I can answer any 8 questions you might have. 9 Did you want to see the other preliminary plat for 4? 10 BUCHMAN: Yes. 11 MCCARSON: OK. 12 BUCHMAN: I'd like to know why it was brought before the Commission. 13 MCCARSON: Here's the preliminary plat far phase 4, that I was describing earlier, the 81 lots and then the commercial pocket in the corner. And, I'm sorry, Commissioner Buchman, did you have a 14 question? 15 BUCHMAN: Yes. Could you... 16 VICE-CHAIR FORD: We will wait.... 17 BUCHMAN: (inaudible) at the road? 18 VICE-CHAIR FORD: ....we will...let's have the public partici.... 19 BUCHMAN: Oh, sorry... 20 MCCARSON: Oh, OK. 21 BUCHMAN: ....I was just going to go further with the... 22 VICE-CHAIR FORD: OK... 23 BUCHMAN: ...with her presentation. 24 VICE-CHAIR FORD:: ....is there anyone from the public who would care to ask questions at 25 this time? Any one? Any one? Seeing none, then I'll close it for the public and Commission. -13- 1 Now Mr. Buchman. 2 Lani, let me ask you a question while Mr. Buchman is getting ready. Do you recall when this...the 3 preliminary...well, the first request came in for this? 4 MCCARSON: The first request, Chairman Ford, as in preliminary plat, like for Phase I? VICE-CHAIR FORD: Well, when we got the master plan for it. So, when did this start? 5 BUCHMAN: December of 2002. I have all that information. 6 VICE-CHAIR FORD: OK, all right. 7 CLIFTON: Mr. Chairman, members of the Commission, it's my recollection that the original 8 mater plan was submitted somwhere in 2001, if I recall. And then, there was a subsequent amendment in 9 2003 that came before this body; was denied along with the proposed zone change, primarily involving 10 this area; went to City Council September of '03, I believe, on appeal, and essentially Sonoma Ranch was 11 granted Single Family in this area and R-4 in this area. 12 VICE-CHAIR FORD: All right. Thank you. I didn't have a chance to look up what the chronology 13 on this might have been. Mr. Buchman, are you ready? BUCHMAN: Yes. I have the abstract Case 5-02-007, Sonoma Ranch East master plan, 14 presented to us on March 20t" of 2002. And, at that time, the master plan was approved. I went to one of 15 the books we have, which is the Subdivision Code, that has the definition of Master Plan. Bear with me, 16 it's gonna be rather lengthy. 17 "A Master Plan is conceptual in nature and it's intended to serve as a tool which can assist in 18 identifying the approximates of proposed development in a complex with the surroundings. Issue related 19 to land use impacts, physical impacts, transportation impacts, and environmental impacts are often 20 addressed through a Master Plan Review process. The plan, once approved, should be used as a guide 21 and should be flexible in its application to subsequent development proposals within the Master Plan 22 study area. Although flexible, a Master Plan should be given due consideration, since its significance is 23 providing synapsis of how the area is ultimately to be developed." The next step, and this is one of the first things that got my attention, was on May 27, of 2003, 24 Case 22508, Sonoma Ranch East, and Case S-03-033, a master plan amendment, were presented to us. 25 -14- 1 On both of these amendments, the first one on Sonoma Ranch East, the staff felt that "the 2 original Master Plan meant the intent and the spirit of the City's mixed used concept and that the 3 proposed change completely eliminated that concept." And the staff's recommendation was "denial," and 4 we denied that. The next item nn the master plan amendment, staff said, "Staff does have a concern with each 5 developer...that each developer should implement a share of the mixed used concept, in order to avoid 6 placing other developments at a disadvantage by creating a burden on them to meet established land use 7 ratios, pursuant to the comprehensive plan." That also was defeated 5-1. $ As Mr. Clifton said, it did go to City Council. City Council made some concessions and changes, 9 and did overruled our vote, but not completely. 10 I guess, my major concern, and the reason for bringing this up, is I've heard and read a lot of 11 disenchanted people in the Sonoma Ranch Subdivision. A lot of things have happened throughout the 12 last couple of years. Read an article here from the Las Cruces Sun-News on September 16t", and this is 13 a statement made by Community Development Director Brian Denmark. Said, "Approving the changes," and this is talking about Sonoma Ranch East, said, "Approving the changes, it's unfair to other 14 developers conforming with the Master Plan. What precedent will we send, if this passes?" So, our 15 Community Development Director had some questions. 16 There's been a lot of articles in the news paper; a letter to the Editor from Monday, October 6t" of 17 last year. Mr. Ericson, City Manager, wrote a letter to the Editor of the Las Cruces Sun-News. Mr. 18 Ericson stated, "The City is bound by the previously approved Master Plan for the High Range Area." At 19 the end the gentleman who wrote this said, "I would certainly like to know how it is that the City Council 20 was able to approve a zoning change for Sonoma Ranch, but City officials informed High Range 21 residents that was not possible to make that change." 22 Another newspaper article, East Mesa Byway Raises Red Flag, "Recent talks between the City 23 and East Mesa developers over the construction of Sonoma Ranch Boulevard smack of collusion and sweetheart deals available only to a select group of developers contains...contends aCity watch dog 24 25 group." -15- • • 1 I didn't keep the article on the telephone poles that were recently constructed in Sonoma Ranch. 2 And, I understand from the citizens up there, they're understanding originally those lines would be put 3 under ground. And, I don't know if any of you have seen those, but that's are the ugliest thing in the world 4 I've seen, the grey big silver toothpicks sticking up there. BINNEWEG: Those are cross country power poles, aren't they? 5 BUCHMAN: No, yeah, but they were put up in conjunction with the Public Service Company and 6 the contractors. The original thought was underground. 7 But, my whole point being, we've got a beautiful subdivision, the developers came to us and said, $ "we're gonna put in homes; we're gonna put in commercial; we're gonna make this a community within 9 the community that would be beneficial for all." And all we keep hearing that comes to us is, more 10 residence, more residence, changes. 11 Then, the one point...and I can't, well I see what they want to do on case number, the first case, 12 they're...they can't put enough, big enough lots in here so they went and got more land to put the road in. 13 When they first presented it to us, the road went within the community, and now it seems like we and the City are always making the changes they want. Is it in the best interest of the citizens? 14 And, my conscience is beginning to bother me, and I don't think it's in the best interest of the 15 citizens. So as these come before us, I think that my feeling for the future will be...until the roads are 16 finished, the bridges are finished, the other things are done. I think we need to see things done in order 17 before we keep changing for the benefit of the contractors. 18 Thank you. 19 VICE-CHAIR FORD: Thank you Mr. Buchman. 20 Any other Commissioners have a comment? 21 Ludtke? 22 LUDTKE: When...for the developer. 23 GUNAJI: Yes sir. LUDTKE: Driving around out there, it's a beautiful facility, and the City is lucky to have 24 something developing like that in the City, and the things that are going on out there, I'm in favor of, to tell 25 you. -16- r~ 1 But, there is...l have a problem with access, there's like two access roads. Am I right? 2 GUNAJI: Yes. 3 LUDTKE: Far all those people to get in and get out; hundreds of people, to get in and get out. 4 We're...how far down the road do we go before we start seeing other outlets for traffic... 5 GUNA,11: Well, we... LUDTKE: ...how far down the road do we go that...ten years from now, or five years, or two 6 years or a year? 7 GUNAJI: Do you want me to answer that question, Commissioner? Do you want me to answer 8 that question? I think the questions should be put to the City staff, because we've worked with them on 9 these matters, these...what you're asking those have been beaten to death, and we have always said, 10 whatever we can do to accelerate those procedures, we would do it. 11 Once upon a time, once upon a time, we, the developers, not only the Sonoma Ranch, along with 12 other developers, recommended that we first build Sonoma Ranch from Highway 70 to the (inaudible) 13 avenue. That was defeated by our City Council, by saying that "this is premature" and a, what is the exact word; a very interesting word - a "speculative" development, "speculative." 14 And what I find now this, standing before you, on a standard order, City Council requesting that 15 that speculation has come true before its time. Not only that, you are asking the questions that we, 16 ourselves wanted to solve ahead of time. 17 I just want to comment, on Commissioner Buchman's comment; the electric line. That is not our 18 doing. That's the doing of the requirement of the powers above, the (inaudible) transmission lines. We 19 could not move the Electric Company's unit and do away with it. Therefore, we did not even touch 20 anything in that power line. The power line that has been moved, is not in our property, because we 21 found out it's very difficult to deal with them. There's nothing we could do with the power line, I mean, you 22 are right, that is goes through that, and we decided to leave it in the right-of-way. We have approached, a 23 number of times, tried to solve the problem with condition with the City and with the power companies, but none of those things materialized. 24 25 -17- • 1 All of our utilities, our underground utilities, except that high power transmitter line goes through 2 from south of town to north of town, and then turns east next to highway 70. And, whether you like it or 3 not, that is gonna stay down there, unless the Power Companies decide to do something else with it. 4 We would love to solve and give you that ultimate design, the zone in question on Migh Range, 5 6 we had nothing to do with it. We are requesting zoning within the confines of the zoning regulation within the codes that have been published by the City, and we are conforming to whatever the City asks, and we are...l think you should ask the staff whether we cooperate with them or not. We are doing everything 7 possible to accelerate the development to make the living conditions much more pleasant and not have 8 too many problems. 9 We would like to cooperate with the City and other developers to complete the...your particular 10 question, Commissioner Ludtke, is egress and ingress of the property. More points of exit from our area, 11 we have agreed that in case other developers do not complete their part of the Sonoma Ranch 12 Boulevard, we will double penetrate the Calle Jitas to Sonoma Ranch and try to make the exit and egress 13 very comfortable, we have agreed to do lots of things beyond our capability to make sure that it conforms. So, we request that approval of this particular project, the...the question came around that we 14 15 16 move the highway, the road down there, we did not...the road has been...the grand way to acquire that from the Land Department did not come to the City of Las Cruces, it came dawn, not from the developer, it came from the City of Las Cruces. The reason for that is that we wanted...the City Traffic engineer 17 wanted a corridor, a straight shot is...and that is probably detrimental far traffic purposes. And that is a 18 dead end question, if you can get the extra right-of-way, so we worked really hard to get that grant for the 19 City and, we are going to pave our portion of that particular road, when we construct this particular thing, 20 you see. I mean, that is the requirement that the staff has requested that we take care of that. 21 VICE-CHAIR FORD: Thank you Mr. Gunaji. 22 GUNAJI: I hope that we are...we...l, my company, as the consultant, and my clients are good 23 citizens of Las Cruces. That we are trying to generate a product that will be proud of, and we hopefully that as these problems, which are not yet completed, I think there are motions in the way to complete 24 25 what you're saying and I think they will be completed within a year or so. Things will be far better; I don't think it's going to take ten years to do that. -1$- 1 VICE-CHAIR FORD: Thank you. 2 LUDTKE: Well, the arroyos, I think they're gonna have to bridge the arroyos, somebody's gonna 3 have to give it... 4 GUNAJI: The... LUDTKE:...some push and shove there... 5 GUNAJI: ...that's.... 6 LUDTKE: ...I mean, there's 7 GUNAJI: The City should have taken the proposal that once upon a time we made in this case, 8 and we would have built the arroyos and the Almendra Arroyo as well as the Las Cruces Arroyo dawn 9 south. Amid complete proposal, everything was put together, it was defeated by City Council's action. 10 VICE-CHAIR FORD: Yeah. 11 GUNAJI: Now, what's gonna happen is that the City must cooperate with the developers, and 12 our traffic needs, and all that. Probably from City's Flood Control and other funds side, find out 13 partnership money to do the project. And, I think most of the developers, including us, we're ready to...you see, when we build...when we cross our arroyos in our property, we build that without the City's 14 help ar anything else, because we feel that it is necessary to have the entrance road properly signed. 15 So, that particular problem, Almendra Arroyo and down south in the...the Las Cruces Arroyo, are 16 going to be a little expensive, but I believe that with the cooperation between the City, the developers, 17 and any of their property benefits that...l'm think we will accomplish that, I'm quite sure of that, because 18 the plans are already in, I mean, we have all of the designs to cross, are crossing already there. And I'd 19 like to state that sa now. 20 VICE-CHAIR FORD: Thank you, Dr. Gunaji. 21 GUNAJI: Thank you. 22 VICE-CHAIR FORD; Mr. Clifton, do you want to make a comment? 23 CLIFTON: Just real brief, Mr. Chairman, members of the Commission. Just, please remember that these preliminary plats are in conformance with the approved master plan and the approved zoning 24 designations for this area. These have been approved by the City Council, subsequently....subsequent 25 development in this area will be required to comply to that master plan. If they choose to deviate it from -19- • • 1 the master plan, they will be required to come forward with another Master Plan Amendment, and we're 2 back to square one. 3 As far as Sonoma Ranch improvements, a lot of issues with that question that Commissioner 4 Ludtke raised. Primarily there are several different land owners involved and the term "collusion" was used in the paper, and I strongly disagree with that term, it's more "the City is trying to cooperate," get 5 cooperation, not collusion, but cooperation between the developers to try to figure something out to get s this road built. And as you well know with development, roads get built as development occurs. This was 7 recently annexed, Sonoma Ranch will soon be constructed within the next, when I say soon, I speak in $ term of three years possibly. 9 Throughout the length of this development to the section line, there will be a small segment here 10 south that will remain, but that's a significant amount of Sonoma Ranch that will be built as part of this 11 development. As Alameda Property Group develops north, they're gonna have to address this. I mean, 12 nothing can be done until the road is built. 13 VICE-CHAIR FORD: 1 believe that road is also a part of the MPO, the Metropolitan Planning Organization's agenda. 14 CLIFTON: Correct. It is a proposed major arterial through here, so it is on the MPO plan. In 15 fact, the right-of-way has been secured from the highway to the annexation area. Actually, through the 16 annexation area, there's a BLM grant of easement of 130 feet of right-of-way. 17 VICE-CHAIR FORD: Yeah, OK. 18 CLIFTON: So, the tools are there, it's just gonna take a matter of time, before it actually all 19 comes together. 20 VICE-CHAIR FORD: Mr. Ludtke, do you have anything else? 21 LUDTKE: There'll be a lot of people out there, mad, because they've gat two ways to go in and 22 out... 23 VICE-CHAIR FORD: Yeah. LUDTKE: ...and a lot of home that are going on there right now. I watch the contractors out 24 there building, and there's gonna be a jam of people there. And, they're gonna be in here and they're 25 gonna want some answers. -20- • • 1 VICE-CHAIR FORD: Yeah. 2 LUDTKE: Nothing further. 3 VICE-CHAIR FORD: OK. Any other Commissioners? We need then to have a motion to vote 4 on these separately... BUCHMAN: No, no, yeah... 5 VICE-CHAIR FORD: Yes. 6 BUCHMAN: Yeah, I make a motion that we now... 7 CLIFTON: Another consultant from Sonoma Ranch would like to speak, if.... 8 BUCHMAN: Oh, OK. 9 VICE-CHAIR FORD: Oh, I didn't see you. You were too quiet. 10 JOHN CARMODY: My name is John Carmody, I'm with Sonoma Ranch. Commissioner Ludtke, 11 I'd like to give you a specific answer to your question. There has been a piece of property up in this area 12 that has been...there's a contract on it through one of the other property owners up there, and it's my 13 understanding that towards the end of March, you will...staff will see a proposal to...for a preliminary plat in there, construction drawings, and we've been working with Mr. Garza, with the City. 14 This connection from right...we have built Sonoma Ranch Boulevard in its entirety, four lanes, 15 from here to here. We've built the half we're required here, and Mr. Pickle will build this half connecting to 16 Morning Star, which gives you your third connection back to Roadrunner into the City. It will help, I know 17 it's not the final solution, but they are coming, you do have a third one coming in the very near future 18 within a couple of months. 19 LUDTKE: There's a piece of property that has an entrance on it, off of Roadrunner. And, if you 20 look where that...there's a waterway that goes through there, in that same vicinity... 21 CARMODY: This waterline road here? 22 LUDTKE: Right. There's...and, you've gone over on your property to the west, and then it dead 23 ends there. CARMODY: Correct. 24 LUDTKE: And I can see Roadrunner right over there, OK? And, to make that connection now 25 there's another opening... -21- • • 1 CARMODY: There was... 2 LUDTKE: ...but that's another piece of property, probably by someone else... 3 CARMODY: Excuse me but... 4 LUDTKE: ...is that Pickles? CARMODY: ...there will never be, as far as I know from what I've seen, a connection right 5 through here. That's a water line road easement. Morning Star has been built completely, all the way 6 back around to the Dona Ana Branch. Our third connection, Mr. Pickles is gonna do, and it'll be right 7 here. But, I don't know of any plans far a roadway connection right through this area. And, this is where 8 the water line road, or the water line...there's 1$" water line that comes right up here, and then it hits our 9 boundary, and runs all the way back out to the tank, right here. 10 LUDTKE: No, I think it's...l'm talking about further down here to... 11 CARMODY: This one right here? 12 LUDTKE: ...to the south, yeah. It goes over... 1 J CARMODY: This is Sonora Springs, right here? And it will eventually connect when Mr. Binns...Mr. Binns owns this property right here... 14 LUDTKE: Binns, yeah, Binns' property, right there yeah. 15 CARMODY: ...right. 1C LUDTKE: And he has an entrance off of Roadrunner... 17 CARMODY: Correct. 18 LUDTKE: ....which looks shorter than it looks on that map. 19 CARMODY: And this is also part of the MPO... 20 LUDTKE: Yes. 21 CARMODY: ...this connection right here, so eventually there'll be another one, but I don't have 22 the faintest clue when he's gonna develop. 23 But, I did want you to know there is a third one coming in... LUDTKE: The road to go down to...that's dirt now that goes down to the Junior College? 24 VICE-CHAIR FORD: That will be done. 25 CARMODY: Here at the Dona Ana Branch site? -22- • 1 LUDTKE: Yeah, goes in and then ties in also with the Morning Star; that all ties in together... 2 CARMODY: Oh, Calle Jitas, right here? 3 LUDTKE: Mh hm. 4 We are building our portion of Calle Jitas up to this point. And, our discussion with staff and the DRC was that there needed to be another connection made. It could be made here, or it could be made 5 6 here. This is the one that's coming in, in the very near future, this one right here. VICE-CHAIR FORD: Thank you. 7 CARMODY: Oh, and there was one more thing regarding maximizing lot sizes over here. The $ other day, I was out there with the two people from the State Land Office, and while we're out here, there 9 was a Ford truck, they really like this road right here, because it's a great drag strip. He spun a doughnut 10 right here and took back off the other way. 11 We've worked with the City staff, City Engineering bepartment, City Traffic, and we've put this 12 bump in the road for a couple of reasons. Yes, to get those lots a little deeper, but the biggest thing was 13 to allow us same sort of traffic calming. You won't have the drag strip from here to here, like you do have from here to here now. It's a problem, and we've talked with Robert Garza about maybe installing some 14 Jersey Barriers or something in there. Until the development comes on out further west, it's gonna be a 15 problem with the drag strip, right there, but it won't be through Sedona 4, because we do have a pretty 16 good kink in the road, right there. 17 LUDTKE: That south of Sonoma 4, that develop...that...4's right there. That entrance, a gated 18 entrance, right there? Is that gate...that's for emergency access? I can't remember, I remember that , 19 was... 20 CARMODY: This... 21 LUDTKE: ...in the discussions months ago... 22 CARMODY: ...this entire subdivision here, Sedona, excuse me, Sonoma Ranch Estates, I and 23 II, is a gated community... LUDTKE: Gated... 24 There's a gate right here, they'll have knocks boxes on them for the Fire Department and police, 25 and there's another gate that goes in right there. -23- • • 1 LUDTKE: Right there, yeah. Thank you. 2 VICE-CHAIR FORD: Thank you ,lohnny. 3 Any other comment, quickly. We need a motion then ta...we suspend the rules, now we need a motion to go back and vote on 4 these two items individually. 5 BUCHMAN: I make a motion we suspend the rules and vote on them individually. 6 CAMUNEZ: I second it. 7 VICE-CHAIR FORD: All in favor say Aye. 8 BOARD: Aye. 9 VICE-CHAIR FORD: Opposed? 10 11 In the first one is Case S-03-114 that we made number two on the New Business of the agenda. 12 Do we have a motion for approval of it. 13 BUCHMAN: I make a motion we approve Case S-03-114. BINNEWEG: Second. 14 VICE-CHAIR FORD: Any discussion? Let's have a voice vote on this. 15 BUCHMAN: No. 16 VICE-CHAIR FORD: Yeah. 17 BUCHMAN: No voice vote. 18 VICE-CHAIR FORD: I prefer that for the... 19 BUCHMAN: A point of order, Mr. Chairman. I demand an individual vote so we can state our 20 reasons. 21 VICE-CHAIR FORD: That's what I said, a voice vote... 22 BUCHMAN: Oh, OK, I'll... VICE-CHAIR FORD: ...individually... 23 BUCHMAN: I... 24 VICE-CHAIR FORD: ...individual vote. 25 BUCHMAN: I'm sorry. -24- • • 1 VICE-CHAIR FORD: Individual by voice. 2 BUCHMAN: Individual by voice, I'll buy that. 3 VICE-CHAIR FORD: All right. 4 Mr. Buchman? BUCHMAN: I vote NO, based on the fact this is a preliminary plat, and the definition of 5 preliminary plat says, "It is an instrument in which to review site, design, characteristics, of a proposed 6 development. The purpose of such a proposal is to serve as a tool to establish quality designs that 7 promote development compatible with the physical and cultural aspects of the community." I do not feel 8 this is beneficial to the community; other problems should be addressed first. 9 VICE-CHAIR FORD: All right. Thank you. 10 Ms. Bennewegg? 11 BINNEWEG: I vote Yes, based on the discussion, and the site visit, and the history that I 12 remember from six or seven years ago when all this first started. 13 VICE-CHAIR FORD: Ms. Camunez? CAMUWEZ: I vote Yes, based on the discussion, and finding. 14 VICE-CHAIR FORD: Mr. Ludtke? 15 LUDTKE: Aye, I vote Aye, discussions, and findings, and site visit. 16 VICE-CHAIR FORD: Chair votes Aye, based an findings, discussion, and site visit. 17 Now the next one is the Case S-04-008, which we made number three under New Business. 18 Could we have a motion for approval of that? 19 LUDTKE: I make a motion for that, approval of Case S-04-008. 20 BINNEWEG: Second. 21 VICE-CHAIR FORD: All right. Any discussion on that? 22 We will vote then, again, individually, by voice. Mr. Buchman? 23 BUCHMAN: I vote NO, based on the same reasons, it's just not in the best interest of the citizens, and other problems should be addressed first. 24 VICE-CHAIR FORD: Thank you. 25 Ms. Binneweg? -25- • • 1 BINNEWEG: I vote Aye based on site visit and discussion. ? VICE-CHAIR FORD: Ms. Camur~ez? 3 CAMUNEZ: I vote Aye, based on discussion and findings. VICE-CHAIR FORD: Ludtke? 4 5 LUDTKE: Aye, findings, discussion, site visit. 6 VICE-CHAIR FORD: Chair votes Aye, findings, discussion, and site visit. 7 That brings us to the end of our case portion of the agenda. Are there any new...any other $ business items that we need to bring up at this time? 9 Mr. Kyle, do you know of anything else we need to do? 10 Any public participation that...does any of the public have a desire to say something now. Dr. 11 Gunaji, you always like to say something. ~ 2 GUNAJI: Chairman Ford this is not the forum or time for me to say anything. Thank you very 1 ~ much. VICE-CHAIR FORD: Thank you. And for the rest of you in the public, anything? Thank you for 14 coming and staying with us. 15 Staff, comments. No comments? Anything else? A motion to adjourn is in order. 16 BUCHMAN: Did you have something? 17 LUDTKE: I made the proverbial visit to the industrial park out on the west mesa. And, that's a 18 developer, right? That's under contract with the City, is that what that's all about? I drive around...) don't 19 know, Commissioners, have you visited that area, I mean. 20 VICE-CHAIR FORD: Yes. 21 LUDTKE: I took my little car and drove all through the sand hills and all over the country side. 22 What is that water doing out there spraying around that...irrigating, is that part of the developers...? 23 VICE-CHAIR FORD: It's going down in the sand. KYLE: Aeration. 24 LUDTKE: Do you know? Is that aeration, is that the cheese? 25 -26- . ~ • 1 KYLE: Mr. Chairman, Commissioner Ludtke, my guess, what you're talking about is the aeration 2 facility for the F&A Dairy. That's basically the drainage for the whey... 3 LUDTKE: ...for the whey. 4 KYLE: ...and all that good stuff. LUDTKE: Yeah. 5 KYLE: That's for the cheese plant. 6 VICE-CHAIR FORD: It puts the water back in the ground and we pick it up a little bit later, have it 7 revitalize... 8 KYLE: It's cheesy water on the ground. 9 LUDTKE: It's a heck of a sewer plant out there, 400,000 gallons. 10 VICE-CHAIR FORD: I still say a motion to adjourn is in order. 11 BUCHMAN: I make a motion we adjourn. 12 VICE-CHAIR FORD: All in favor, get up and leave then. 13 BINNEWEG: I make a motion. 14 Meeting adjourned at 6:55 15 16 17 18 J~~ _ 19 CHAIR 20 21 22 23 24 25 -27-