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