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12-06-2008 PLANNING AND ZONING COMMISSION AGENDA rhe following agenda will be considered by the Planning and Zoning Commission of the 'ity of Las Cruces, New Mexico, at a public hearing held on Tuesday December 16, 2008 beginning at 6:00 p.m. at the City Council Chambers, City Hall, 200 North Church Street, Las Cruces, New Mexico. rhe City of Las Cruces does not discriminate on the basis of race, religion, sex, sexual orientation, gender identity, color, ancestry, serious medical condition, national origin, age, or disability in the provision of services. The City of Las Cruces will make reasonable accommodation for a qualified individual who wishes to attend this meeting. Please notify lbe City Community Development Department at least 48 hours before the meeting by :,alling 528-3043 (voice) or 528-3016 (TTY) if accommodation is necessary. This document pan be made available in alternative formats by calling the same numbers listed above. I. CALL TO ORDER II. APPROVAL OF MINUTES — November 25, 2008 Ill. POSTPONEMENTS IV. WITHDRAWALS V. CONSENT AGENDA "Those items on the consent agenda will be voted by one motion with the acceptance of the agenda. Any Planning and Zoning Commissioner, Staff, or member of the public may remove an item from the consent agenda for discussion by the commission. None VI. OLD BUSINESS 1. Case A1678: A request for a variance from the minimum one (1) acre requirement for the placement of a private school located at 1501 N. Solano Drive. The subject property encompasses 0.16 +/- acres with the potential to replat four additional lots for a combined area of 0.7641 +/- acres. The applicant is also pursuing a variance from the fifteen (15) foot secondary front yard setback required for a 3,735 square foot building situated zero (0) feet from Juniper Avenue. Submitted by Southwest Engineering, Inc for Resources for Children and Youth, Inc. 2. Case Z2760: A request for a zone change from R-2 (Multi-Dwelling Low Density) and R-4 (Multi-Dwelling High Density) to C-2 (Commercial Medium Intensity) for five distinct lots with a combined area of 0.7641 +/- acres located at 1501 N. Solano Drive. Submitted by Southwest Engineering, Inc. for Resources for Children and Youth, Inc. 3. Case Z2776: A request for a zone change from C-2 (Commercial Medium Intensity) to C-3 (Commercial High Intensity) and R-3 (Multi-Dwelling Medium Density) overlapping for 2.24 +/- acres located at 225 Three Crosses. Submitted by Pete Mazza, property owner. VII. NEW BUSINESS 1. Case A1687: A request for a variance from the required driving aisle widths for gasoline pumps and parking stalls for a property located at 2110 N. Alameda Ave. The minimum driving aisle width for a gas pump is 18 feet and the minimum driving aisle width between the parking area and the gas pump driving aisle is 27 feet. The total minimum distance between gasoline pumps and parking stalls is 45 feet. The subject property is an existing non-conforming gas station that is being modified to include a Laundromat. The applicant is requesting a total distance between the gas pumps and the parking stalls of only 20 to 22 feet. The existing distance encroaches upon the minimum required distance by 25 to 23 feet. The subject property encompasses 0.313 acres and is zoned C-2 (Commercial Medium Intensity). Submitted by property owner Edward Hayes, A & E Enterprises Inc. 2. Case Z2779: A request for a zone change from R-1a (Single-Family Medium Density) to R-3 (Multi-Dwelling Medium Density) for 0.83 +/- acres located at 523 Foster Road. The zone change will facilitate the construction of a two (2) story apartment building having an approximate gross floor area of 18,000 square feet. Submitted by Jose Trevizo, for Anthony & Sandra Espiritu, Ana Arellano, property owners. VIII. OTHER BUSINESS IX. PUBLIC PARTICIPATION X. STAFF ANNOUNCEMENTS XI. ADJOURNMENT I MEETING OF THE PLANNING AND ZONING COMMISSION 2 FOR THE 3 CITY OF LAS CRUCES 4 City Council Chambers 5 December 16, 2008 at 6:00 p.m. 6 7 BOARD MEMBERS PRESENT: 8 Charles Scholz, Chairman 9 Donald Bustos, Secretary 10 Charles Beard, Member 11 Ray Shipley, Member 12 Godfrey Crane, Member 13 Clayton Iserman, Member 14 15 BOARD MEMBERS ABSENT: 16 Shawn Evans, Vice Chair 17 18 STAFF PRESENT: 19 Cheryl Rodriguez, Development Services Administrator 20 James White, Planner 21 Gary Hembree, Senior Planner 22 Adam Ochoa, Associate Planner 23 Jared Abrams, CLC Legal 24 Robert Gonzales, Fire Department 25 Becky Eich, Recording Secretary 26 27 I. CALL TO ORDER 6:00 28 29 Scholz: Good evening, and welcome to the Planning and Zoning Commission for 30 Tuesday, December 16th, 2008. I'm the Chair, Charlie Scholz. I want to 31 introduce the members of the Commission to you and tell you who they 32 represent. On my far right is Commissioner Shipley, he is the mayor's 33 appointee. Next to him is Commissioner Crane, he represents district 4. 34 Next to him is Commissioner Iserman, he is in Council District 1. We're 35 skipping Mr. Evans who doesn't appear to be here tonight. I guess last 36 month's meeting wore him out. And I was going to tell him what a great 37 job he did too. I watched the rerun. This is Commissioner Bustos who 38 represents district 3. And on my right Commissioner Beard, who 39 represents district 2, and I represent Council District 1. 40 41 II. APPROVAL OF MINUTES - November 25, 2008 42 43 Scholz: The first thing on our agenda which is posted on the screen and for those 44 of you at home if you are watching you can see that. If not you can go to 45 the web site and take a look at this. We have the approval of the minutes 1 1 for November 25th, 2008. Since I wasn't here gentlemen, are there 2 corrections, additions, whatever? Nothing. 3 4 Shipley: I move to approve the minutes. 5 6 Scholz: Okay, it's been moved. Is there a second? 7 8 Iserman: I second it. 9 10 Scholz: It's been moved and seconded. All those in favor say aye. 11 12 ALL COMMISSIONERS MEMBERS -AYE. 13 14 Scholz: Those opposed same sign. Good, the minutes are approved. Thank you 15 gentlemen. 16 17 III. POSTPONEMENTS 18 19 Scholz: Okay, postponements. Staff. Mr. White will do the heavy lifting today? 20 21 White: Chair Scholz, the applicant has requested a postponement of Case A1678 22 until January 27th, 2009. And the request is also for zone change Case 23 Z2760. On a further note, Case Z2776, the applicant is requesting an 24 indefinite postponement. 25 26 Scholz: Okay, I'll entertain a motion then to postpone Case A1678 and Case 27 Z2760 until January 27th, 2009. 28 29 Shipley: So moved. 30 31 Scholz: Is there a second? 32 33 Crane: Second. 34 35 Scholz: All those in favor say aye. 36 37 ALL COMMISSIONERS MEMBERS -AYE. 38 39 Scholz: Those opposed same sign. All right, those cases are postponed. I'll 40 entertain a motion to postpone Case Z2776 indefinitely. 41 42 Shipley: So moved. 43 44 Scholz: Is there a second? 45 46 Beard: Second. 2 1 2 Scholz: It's been moved and seconded. All those in favor say aye. 3 4 ALL COMMISSIONERS MEMBERS -AYE. 5 6 Scholz: Those opposed same sign. So that disposes of most of our agenda 7 already. 8 9 IV. WITHDRAWALS 10 11 V. CONSENT AGENDA 12 13 VI. OLD BUSINESS 14 15 1. Case A1678: A request for a variance from the minimum one acre 16 requirement for the placement of a private school located at 1501 N. Solano 17 Drive. The subject property encompasses 0.16 +/- acres with the potential to 18 replat four additional lots for a combined area of 0.7641 +/- acres. The 19 applicant is also pursuing a variance from the 15-foot secondary front yard 20 setback required for a 3,735 square foot building situated zero feet from 21 Juniper Avenue. Submitted by Southwest Engineering, Inc. for Resources for 22 Children and Youth, Inc. 23 POSTPONED UNTIL JANUARY 27, 2009. 24 25 2. Case Z2760: A request for a zone change from R-2 (Multi-Dwelling Low 26 Density) and R-4 (Multi-Dwelling High Density) to C-2 (Commercial Medium 27 Intensity) for five distinct lots with a combined area of 0.764 +/- acres located 28 at 1501 N. Solano Drive. Submitted by Southwest Engineering, Inc. for 29 Resources for Children and Youth, Inc. 30 POSTPONED UNTIL JANUARY 27, 2009. 31 32 3. Case Z2776: A request for a zone change from C-2 (Commercial Medium 33 Intensity) to C-3 (Commercial High Intensity) and R-3 (Multi-Dwelling Medium 34 Density) overlapping for 2.24 +/- acres located at 225 Three Crosses. 35 Submitted by Pete Mazza, property owner. 36 POSTPONED INDEFINITELY. 37 38 VII. NEW BUSINESS 39 40 1. Case A1687: A request for a variance from the required driving aisle widths 41 for gasoline pumps and parking stalls for a property located at 2110 N. 42 Alameda Avenue. The minimum driving aisle width for a gas pump is 18-feet 43 and the minimum driving aisle width between the parking area and the gas 44 pump driving aisle is 27-feet. The total minimum distance between gasoline 45 pumps and parking stalls is 45-feet. The subject property is an existing non- 46 conforming gas station that is being modified to include a laundromat. The 3 I applicant is requesting a total distance between the gas pumps and the 2 parking stalls of only 20 to 22-feet. The existing distance encroaches upon 3 the minimum required distance by 25 to 23 feet. The subject property 4 encompasses 0.313 acres and is zoned C-2 (Commercial Medium Intensity). 5 Submitted by property owner Edward Hayes, A & E Enterprises Inc. 6 7 Scholz: Okay Adam, you're up. 8 9 Ochoa: Good evening gentleman. For the record, Adam Ochoa from Community 10 Development. Tonight our first case is Case A1687, a request for a 11 variance from the required driving aisle widths for gasoline pumps and 12 parking stalls for a property located at 2110 North Alameda Avenue. It 13 was submitted by property owner Edward Hayes from A & E Enterprises 14 Inc. Here are the code requirements Article 6, Section 38-58 in the off- 15 street parking section. You can see this little drawing here, it requires an 16 18-foot driveway for the gas pumps, and a 27-foot driveway for parking 17 stalls. Required total combined driving aisle widths for gas pumps and 18 parking stalls is 45-feet. 19 20 Scholz: We just lost our video here. Continue. 21 22 Ochoa: Thank you. Case specifics, the property is zoned C-2 Commercial 23 Medium Intensity. The property encompasses 0.313 acres. Subject 24 property is an existing legal non-conforming use. The applicant would like 25 to modify the existing building to include a laundromat. The modification 26 of the property would increase the intensity of the use on the property, 27 therefore requiring the property to come into compliance with current 28 Zoning Code. In order to come into compliance, the applicant is 29 requesting a variance from the required driving aisle widths for gas pumps 30 and parking stalls. The applicant is requesting the total combined driving 31 aisle widths for gas pumps and parking stalls to be +/- 20-feet to +/- 22- 32 feet for the subject property. This distance currently exists on the property 33 and you'll see on the following slide. The existing combined driving aisle 34 widths encroach upon the required distance by 23 to 25-feet. This is the 35 existing site plan of the property. As you can see, here are the gas 36 pumps. These are the parking stalls here. To the north it is 20.7-feet and 37 on the south it's 22.6-feet. Basically that's the variance that he is 38 requesting. The applicant has stated that the addition of the laundromat 39 will help keep the gas station from closing. The applicant has also stated 40 that the new laundromat will benefit the people in the neighborhood who 41 have no laundry facilities and no modes of transportation. The laundromat 42 will take up one-third of the existing building's floor space and there will be 43 no expansion of the building. The applicant has added that the property 44 itself is too small to comply with the current zoning code requirements for 45 driving aisles. 4 I Here's a vicinity map of the property. As you can see, it's right on 2 the corner of Three Crosses and Alameda. Here's an aerial map of the 3 property itself and around it we have a couple of small apartment 4 complexes and to the northeast is a mobile home park. 5 Findings, Staff has reviewed this case with the property owner and 6 a compromise has been reached between the owner and City Staff. The 7 applicant will be required to angle the three parking stalls adjacent to the 8 gas pumps at a 45 degree angle to help customers parked at those stalls 9 back out safely without fear of hitting vehicles at the gas pumps. The 10 applicant will also be required to install five bicycle parking spaces, racks 11 basically. The City of Las Cruces Fire Department has reviewed this case 12 and is supportive of the variance. Here's the proposed site after the new 13 lining is done on the parking stalls. Like I said earlier, the three parking 14 stalls adjacent to the actual pumps will be angled at a 45 degree angle, 15 and here are the other five bicycle parking that we talked about as well. 16 Staff has reviewed this variance request and recommends approval 17 with conditions based on the proceedings. Conditions, of course the 18 applicant will be required to angle the three parking stalls adjacent to the 19 gas pumps at a 45-degree angle, and the applicant will be required to 20 install the five bicycle parking racks. 21 The options tonight gentlemen are; approve the variance request 22 with conditions as recommended by Staff, approve the variance request 23 submitted by the applicant as is, or approve the variance request with 24 conditions determined appropriate by the Planning and Zoning 25 Commission, or deny the variance request. I'll stand for questions. 26 27 Scholz: Questions for this gentleman? Commissioner Shipley. 28 29 Shipley: Good evening. 30 31 Ochoa: Good evening. 32 33 Shipley: The question I had is, just why didn't we angle all the parking stalls and 34 make that ... you've lost three parking spaces from 11 to eight. The use is 35 changing from basically a gas and convenience store to a gas, 36 laundromat, and convenience store, so you're going to need additional, 37 more parking now than you needed prior if you're going to have people 38 coming in for an hour or two hours to do their laundry. 39 40 Ochoa: Commissioner Shipley, the requirements for the property are nine parking 41 stalls, is what is required according to the Zoning Code. If we would have 42 angled all of them we would only have had somewhere about six or seven 43 parking stalls, so that would have been two parking stalls away from the 44 required. But with what's proposed we have eight parking stalls and the 45 five bicycle racks give you a credit towards one of the parking stalls, so 5 Aft 1 that's basically eight plus the five, equal to nine parking stalls that are 2 required. 3 4 Scholz: Okay. 5 6 Iserman: I have a question. 7 8 Scholz: Other questions, yes, Commissioner Iserman. 9 10 Iserman: I'm quite familiar with that property because I live close by and I'm curious 11 about ... okay if you've got what 20-feet between the back of the parking 12 lot spot and the pumps, is that correct? 13 14 Ochoa: Correct sir. 15 16 Iserman: If there's an SUV parked at the gas pumps, you feel that there's enough 17 room for someone to get in and out of there? It's tight. 18 19 Ochoa: It's tight. Like I said, it is a legal ... its existing non-conforming use. So it 20 has been used like that for years now. The property owner has actually 21 had no accidents there since he has had it. He can go ahead and answer 22 any other questions you have on the accidents and things like that if you 23 like when he comes up sir. 24 25 Iserman: Thank you. 26 27 Scholz: Okay, any other questions? Commissioner Beard. 28 29 Beard: The Fire Department goes with this change? 30 31 Ochoa: Yes, sir. He's here to comment on that. 32 33 Gonzales: Commissioners, this is Robert Gonzales, Fire Department. With the 34 existing ... it being an existing business, they have 20-feet between the 35 parking stalls and the pumps. Normally what's required is 19-feet for the 36 cars to back up and turn around. It's an existing business. There is not 37 anything they can do about it. 38 39 Beard: Do you see this being better than it is right now if they do make the 40 change? 41 42 Gonzales: It's not going to make it any worse. I mean it's there. 43 44 Beard: To me it'd look like it'd be better, but overall none of it looks good. 45 6 I Gonzales: It'll be better, but it's not what we recommend, but it's an existing business 2 and they have enough room to back up. Everybody's just going to have to 3 make sure nobody's pumping gas when they're backing up. 4 5 Scholz: Okay. Thank you, any other questions? Let's hear from the applicant. 6 7 Hayes: My name is Edward Hayes. I own the property we're talking about. We 8 opened the store in January of 1998, maybe the end of January 1998, 9 somewhere like that. We've never had an accident on the lot. In fact, 10 here a while back at the Fire Department, I wasn't at the meeting but they 11 said they had an accident on the highway and they had three people in the 12 parking lot and it didn't interfere with any of our parking or anything like 13 that and they were very pleased with that. It is a tight fit. We angle the 14 parking lot it'll give you less spaces, but it'll give them more ability to back 15 up and so forth. You know, if you want to leave it the way it is now, I'm 16 perfectly happy with that also. We're just trying to keep the store open. 17 The trailer parks across the street there have expressed a need for a 18 laundromat since the one on North Main there closed, and so with our 19 competitors down the street with a liquor license and so forth, it makes it a 20 little tough. So we're just trying to get a secondary income for us. 21 22 Scholz: Okay. Is this coming to us because of the change in business? 23 24 Hayes: It's coming because the parking lot ... we've been an existing business. If 25 1 didn't change anything we'd just stay as is. 26 27 Scholz: Yes. 28 29 Hayes: But since I've requested a building permit to modify, put a little half wall up 30 inside there to separate the ... there is no more external exit ... a half wall 31 to separate the laundry from the store, a building permit necessitated 32 getting the variance for the parking lot, which is already existing. 33 34 Scholz: That's what I assumed. Okay, questions for this gentleman? 35 Commissioner Shipley. 36 37 Shipley: The area behind or the side of the building behind the air pump, are you 38 going to use that for parking as well? 39 40 Hayes: I would like to. That's where I usually have my employees park because 41 there's enough space in there. I have my employees park over there so 42 they don't take any of the spaces up. But according to the City you can't 43 stack parking spaces back to back like that, so we can't stack those. 44 45 Shipley: You mean by having the, spaces 7 and 8, you'd have to give up those two 46 spaces to make parking spaces back there? 7 larft 1 2 Hayes: We'd have to give up the spaces up close to move them further back in, 3 because you can't stack them back to back. 4 5 Scholz: There's no access there from the street? 6 7 Hayes: No. If somebody got behind you, you'd have to wait until they leave to get 8 out. 9 10 Scholz: Okay, any other questions for this gentleman? All right, thank you sir. 11 Public comment? Anyone? Okay. You had another question or a 12 comment. 13 14 Ochoa: Yes, sir. Just to clarify earlier. It is an existing non-conforming use, but 15 since the use is going to be like I said earlier here, is going to be 16 expanded, there is going to be a possibility of more people actually being 17 there, that's why they have to come into conformance with City Code. 18 19 Scholz: Right. That's what I assumed. Okay, we're going to close it to public 20 comment then. Gentlemen, what is your pleasure? Commissioner 21 Shipley. 22 23 Shipley: I just have a question again Mr. Ochoa. On the north side of the building, 24 it's shaded on the picture, and I didn't really look at that close. I looked 25 around the building today, but is there room for parking on that side, 26 because there's an access point there as well? 27 28 Ochoa: Excuse me Commissioner Shipley, on the northern part off of Three 29 Crosses right here? 30 31 Shipley: Correct. 32 33 Ochoa: I believe he has a dumpster there as well. 34 35 Shipley: In the back. 36 37 Ochoa: Yes, sir. 38 39 Shipley: Do you have access from the back of the building to the dumpster, is that 40 what that is? 41 42 Hayes: You can't put it on the south side because the City trucks can't get in to 43 empty it, so that's why they put on the north side. There actually is a 44 space marked off there because that's where ... when I go there I park 45 there and go out the other exit out there. Because there's an exit right 46 there, right where that 97.5 is there's another exit right over there. No ... 8 1 I'd rather have it on the other side because it's less of an eyesore, but the 2 City didn't like that idea. 3 4 Scholz: Thank you. Any other questions, comments? All right, I'll entertain a 5 motion to approve Case A1687. 6 7 Crane: So moved. 8 9 Scholz: Is there a second? 10 11 Bustos: Second. 12 13 Scholz: Okay, I'll call the role. Commissioner Shipley. 14 15 Shipley: Aye, findings, discussions, and site visit. 16 17 Scholz: Commissioner Crane. 18 19 Crane: Aye, findings, discussion, and site visit. 20 21 Scholz: Commissioner Iserman. 22 23 Iserman: Aye, findings, discussion, and site visit. 24 25 Scholz: Commissioner Bustos. 26 27 Bustos: Aye, findings and discussion. 28 29 Scholz: Commissioner Beard. 30 31 Beard: Aye, findings and discussion. 32 33 Scholz: And the chair votes aye for findings, discussion, and site visit. Okay. 34 That's approved. 35 36 Ochoa: Excuse me Mr. Chairman. We have to actually approve with the 37 condition. 38 39 Scholz: Thank you, for reminding me and I just noticed that. So let's try it again. 40 Who was it who ... 41 42 Crane: I moved it. 43 44 Scholz: You moved it. 45 46 Crane: Did I say with conditions? 9 1 2 Scholz: Well you'll have to say with conditions and you'll have to read the 3 conditions to make it official. 4 5 Ochoa: You'll have to have a motion to reconsider it to be approved with 6 conditions. 7 8 Scholz: Okay. This is a motion to reconsider being approved with conditions. 9 10 Crane: So moved. 11 12 Scholz: Okay. Now you have to read the conditions Commissioner Crane. 13 14 Crane: I move that A1687, request for variance be approved with the conditions 15 stipulated by Staff, namely 1) the applicant will be required to angle the 16 three parking stalls adjacent to the gas pumps at a 45 degree angle to 17 help customers parked at those stalls back out safely without fear of hitting 18 customer vehicles at the gas pumps, 2) the applicant will also be required 19 to install five bicycle parking racks. 20 21 Scholz: Okay, is there a second to that motion. 22 23 Beard: Second. 24 25 Scholz: Okay, it's been moved and seconded. I'll call the role. Commissioner 26 Shipley. 27 28 Shipley: Aye, findings, discussion, and site visit. 29 30 Scholz: Commissioner Crane. 31 32 Crane: Aye, findings, discussion, and site visit. 33 34 Scholz: Commissioner Iserman. 35 36 Iserman: Aye, findings, discussion, and site visit. 37 38 Scholz: Commissioner Bustos. 39 40 Bustos: Aye, findings and discussion. 41 42 Scholz: Commissioner Beard. 43 44 Beard: Aye, findings and discussions. 45 10 Aft 1 Scholz: And the chair votes aye. So that is passed 6-0 with conditions. Thank 2 you Staff. 3 4 2. Case Z2779: A request for a zone change from R-1a (Single-Family Medium 5 Density) to R-3 (Multi-Dwelling Medium Density) for 0.83 +/- acres located at 6 523 Foster Road. The zone change will facilitate the construction of a two 7 story apartment building having an approximate gross floor area of 18,000 8 square feet. Submitted by Jose Trevizo, for Anthony & Sandra Espiritu, Ana 9 Arellano, property owners. 10 11 Scholz: Okay, our next case is Case Z2779. Mr. White. 12 13 White: For the record, James White, Community Development Department. The 14 final case this evening is Case Z2779, is a request for a zone change from 15 R-1a single-family medium density, to R-3 multi-dwelling medium density 16 for roughly 0.83 acres of land located at 523 Foster Road. Here's the 17 subject property in question. It is currently zoned R-1 a. If you look at the 18 surrounding zoning pattern currently you have; to the west you have R-3, 19 you also have R-3 to the east, and you have R-2 to the south. This stands 20 for multi-family low density, and this stands for multi-family medium 21 density. Case synopsis as stipulated earlier, it's located at 523 Foster 22 Road. The existing property is actually a part of an antiquated subdivision 23 known as College Park Subdivision. It actually encompasses seven 24 existing lots. The applicant will be required to replat it prior to construction 25 of the said apartment complex. Currently there's a single-family residence 26 on the property. The applicant is planning to demolish and replace the 27 existing single-family residence with approximately 10-15 multi-dwelling 28 units. Based upon the proposal, R-3 will allow for roughly 16 dwelling 29 units on roughly 0.83 acres of land. R-3 allows a maximum density of 30 roughly 20 units per acre. So based upon there being a fraction, it allows 31 16 units. The proposal is for combined apartment complex of roughly 32 18,000 square feet. There will be two distinct buildings placed on the 33 property, and they'll be two story in height. Based upon the existing land 34 use pattern it is a compatible use. 35 Here's the MPO Thoroughfare Map showing the subject property in 36 question here, located here, highlighted in yellow. The property is roughly 37 450 linear feet from EI Paseo which is a principal arterial road network, 38 and roughly about 2,000 feet situated to the west, or actually it's going to 39 be west of Espina Drive, which is located here. Aerial view of the 40 property. This actually depicts the subject property located here. The 41 property located here which is zoned R-3 has a two story apartment 42 complex. You also have a two story apartment complex located due south 43 as well. This property here is zoned R-2. Subject property, adjacent 44 property to the east the existing two story apartment complex zoned R-3. 45 The options we have this evening is to conditionally approve the 46 request as recommended by Staff for Case 2779. Option two is approve 11 I the request with additional conditions. Option three is deny the request. If 2 the Planning and Zoning Commission is going to seek option one, Staff 3 has recommended a few conditions be added to the actual zoning change. 4 Approval with conditions for Case 2779, condition number one is prior to 5 construction of said apartments the subject property must be replatted, all 6 newly constructed buildings must be in compliance with specified setback 7 standards. And number two, all newly installed utilities must be placed 8 underground. Since this is a zone change case the recommendation will 9 be forwarded to City Council for final consideration. That will end Staff 10 presentation this evening. 11 12 Scholz: Okay, questions for this gentleman? Commissioner Shipley. 13 14 Shipley: Just one question Mr. White. Very nice presentation. When I looked at 15 that it says all newly installed electrical is underground. Does that do 16 anything with all the wires that are ... you see right there, there's about 1 17 don't know four or five different poles and lights and cable, and all that 18 stuff, that'll still be there, correct? 19 20 White: Chair Scholz, Commissioner Shipley that is correct. The newly installed 21 underground utilities to the property. Existing power poles will remain. 22 23 Shipley: Okay. 24 25 Scholz: Any other questions? All right, can we hear from the applicant please? 26 27 Trevizo: Good evening. I'm here to represent Sandra Espirtu and Anthony, and 28 Ana Arellano, Kevin and Sandra Polluck out of Arizona. My name is Jose 29 Trevizo and I wanted to see if this was possible to change the zoning from 30 R-1 a to the R-3. I don't have a problem with the conditions he put to the 31 property. I think it would be better for the property, because currently you 32 know it's unoccupied and there are a lot of weeds and I'm sure homeless 33 (inaudible) fire. 34 35 Scholz: Okay, questions for this gentleman? Okay, thank you. Public comment? 36 37 Guerrero: Good evening. My name is Ramon Guerrero. Me and my family own the 38 property, 580 Foster, so overall I think it's a good thing. There are a lot of 39 weeds and there are a lot of homeless cats and animals. So our only 40 concern is that ... we're a little bit afraid as far as you know the migration 41 from the bugs, because there are a lot of bugs and animals. We have 42 called the City as far as the cat control and they have come and they have 43 picked them up, but I guess overall we're happy to hear from that. I guess 44 the property's going to go up and it's going to make some value. It's a 45 good thing. Thanks for inviting us. 46 12 I Scholz: Thank you. 2 3 Guerrero: That's the only comment. 4 5 Scholz: Okay, any other questions or comments from the public? Yes, sir. Come 6 up and identify yourself please. 7 8 Hoven: My name is Kevin Hoven, and my wife and I own the property at 525 East 9 Foster which does not appear on your aerial views or your photographs. 10 It's a daycare center and a school. And I just wanted to also express our 11 support for the conditions that Community Development is putting on that 12 ... when the school was built two years ago the same conditions were 13 approved or put on it for utilities and what have you, and so it's actually 14 going to improve the look of the area quite a bit. Thank you very much. 15 16 Scholz: Thank you. Anyone else? Okay. I'll close it to public input. Gentlemen, 17 what do you want to do? Commissioner Shipley. 18 19 Shipley: There's no discussion. I move to approve Case Z2779 with conditions; 20 prior to construction of said apartments the subject property must be 21 replatted (College Subdivision No. 2, Lots 11, 13, 14, 15, 16, 17, 18), all 22 newly constructed buildings must be in compliance with specified setbacks 23 requirements; condition two, all newly installed utilities must be placed 24 underground. 25 26 Scholz: Okay, is there a second? 27 28 Bustos: Second. 29 30 Scholz: Okay, it's been moved and seconded that we approve Case Z2779 with 31 the conditions as stated. I'll call the role. Commissioner Shipley. 32 33 Shipley: Aye, discussion, findings, and site visit. 34 35 Scholz: Commissioner Crane. 36 37 Crane: Aye, discussion, findings, and site visit. 38 39 Scholz: Commissioner Iserman. 40 41 Iserman: Aye, discussion, findings, and site visit. 42 43 Scholz: Commissioner Bustos. 44 45 Bustos: Aye, discussion and findings. 46 13 I Scholz: Commissioner Beard. 2 3 Beard: Aye, discussions, findings, and site visit. 4 5 Scholz: And the chair votes aye for discussion, findings, and site visit. So that's 6 passed, 6-0. 7 8 VIII. OTHER BUSINESS 9 10 Scholz: Other business, Staff. Ms. Rodriguez has some other business for us. 11 12 Rodriguez: Mr. Chairman, I just wanted to let you know for your January regular 13 meeting we're going to be taking care of some housekeeping items then. 14 The statement of reasonable notice will be addressed at that time as well 15 as the elections for officers for the Commission. 16 17 Scholz: So we should start running, prepare our campaigns. 18 19 Rodriguez: Yes, sir. 20 21 Scholz: Anything else Staff? 22 23 Rodriguez: That'll be it sir. 24 25 IX. PUBLIC PARTICIPATION 26 27 Scholz: Anyone else from the public want to participate? 28 29 X. STAFF ANNOUNCEMENTS 30 31 Scholz: If there are no Staff announcements then I think we're finished at ... 32 33 Shipley: A couple of things. 34 35 Scholz: Commissioner Shipley. 36 37 Shipley: I just wanted to say that today I was at the Walgreen's over on ... the new 38 Walgreen's ... on EI Paseo. And was really kind of shocked to look at 39 Cowtown the boot store and then Samon's, there because they've been 40 completely cut off by the Walgreen's. And so I went in to talk to both of 41 the managers of the stores. And Cowtown is actually, it has improved 42 their business because they're getting more people that drive by the drive- 43 up window for the Walgreen's and they say oh we didn't even know you 44 were here. So they stopped in. Samon's on the other hand said that 45 they're not real happy, so I don't know what's going to happen there, but it 46 was really something. 14 I The other thing was we had talked about a sign ordinance that was 2 going to come up before us for the new LED signs, the new ... you know 3 the television signs and that. I just wanted to find out where that was. 4 And the other question was there's a new sign that looks like by the Big 5 Daddy's or Daddy-0's car wash on Lohman, that didn't come before us, did 6 it? 7 8 Scholz: I don't recall. No. 9 10 Shipley: There was a sign there before, but it wasn't one of the new you know 11 television screens. 12 13 Ochoa: Commissioner Shipley, are you referring to the billboard over there with 14 the LCD sign? 15 16 Shipley: Yes. 17 18 Ochoa: We will look into that and I will get back to you on that. Basically they just 19 turned in their sign permit to City Staff and there's nothing in the Zoning 20 Code that was against it, so we'll go ahead and we'll review it a little bit 21 more and we'll get back to you sir. 22 23 Shipley: Because I mean that's a real ... you know I see people almost ... 24 25 Scholz: Slamming on their brakes. 26 27 Shipley: Well not slamming on the brakes so much, but they're in the wrong lane 28 because they're watching and they're looking this way and I've two or 29 three people almost side swipe somebody else. 30 31 Crane: Yes, but they looked at the ad. 32 33 Scholz: Kind of like when you learn to ride a bicycle, right. 34 35 Beard: That did come before us, didn't it? 36 37 Scholz: No. 38 39 Shipley: That was one that was over by the pool company. 40 41 Scholz: Yeah, it was an advertising sign which would have been advertising other 42 companies. 43 44 Shipley: And I think that's what this one is doing. 45 15 I Scholz: And we denied that. Well that would be in violation of the code, but we'll 2 let the Staff take a look at that and comment. Anything else? 3 4 XI. ADJOURNMENT 6:32 5 6 Scholz: I'd like to wish you all a happy holidays and hope we see you in January. 7 8 9 10 11 12 O4� 13 Chairperson 14 16