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01-24-2012 t City of las Cruces0 P E I P L E I E L P I N I P E I P L E PLANNING AND ZONING COMMISSION AGENDA The following agenda will be considered by the Planning and Zoning Commission of the City of Las Cruces, New Mexico, at a public hearing held on Tuesday, January 24, 2012 beginning at 6:00 p.m. at City Hall, 700 N. Main Street, Las Cruces, New Mexico. The 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 the City Community Development Department at least 48 hours before the meeting by calling 528-3043 (voice) or 1-800-659-8331 (TTY) if accommodation is necessary. This document can be made available in alternative formats by calling the same numbers listed above. I. CALL TO ORDER II. CONFLICT OF INTEREST At the opening of each meeting, the chairperson shall ask if any member on the Commission or City staff has any known conflict of interest with any item on the agenda. III. APPROVAL OF MINUTES 1. December 20, 2011 Regular Meeting IV. POSTPONEMENTS — NONE V. CONSENT AGENDA — NONE VI. OLD BUSINESS — NONE VII. NEW BUSINESS 1. Adoption of Statement of Reasonable Notice as required by Section 10-15-1(B) of the Open Meetings Act, Section 10-15-1 to 10-15-4, New Mexico Statutes Annotated (1978), as amended. 2. Election of Officers. 3. Case S-11-037: Application of Sonoma Ranch North, LLC for a preliminary plat known as Sonoma Ranch North Phase 1 on a 5.74 t acre tract located on the south side of Northrise Drive at its intersection with Purple Sage Drive within the Page 1 of 2 Sonoma Ranch North master planned area; Parcel ID# 02-36081. Proposed Use: Single-family residential lots. Council District 6. VIII. OTHER BUSINESS — NONE IX. PUBLIC PARTICIPATION X. STAFF ANNOUNCEMENTS XI. ADJOURNMENT Page 2 of 2 1 PLANNING AND ZONING COMMISSION 2 FOR THE 3 CITY OF LAS CRUCES 4 City Council Chambers 5 January 24, 2012 at 6:00 p.m. 6 7 8 BOARD MEMBERS PRESENT: 9 Charles Scholz, Chairman 10 Godfrey Crane, Vice Chair 11 Charles Beard, Secretary 12 William Stowe, Member 13 Ray Shipley, Member 14 Donald Bustos, Member 15 Shawn Evans, Member 16 17 BOARD MEMBERS ABSENT: 18 None 19 20 STAFF PRESENT: 21 Robert Kyle, Building and Development Administrator, CLC 22 Katherine Harrison-Rogers, Senior Planner, CLC 23 Adam Ochoa, Acting Senior Planner, CLC 24 Rocio Dominguez, Chief Development, CLC 25 Mark Dubbin, CLC Fire Department 26 Rusty Babington, CLC Legal Staff 27 Bonnie Ennis, Recording Secretary, CLC 28 29 30 I. CALL TO ORDER (6:00 pm) 31 32 Scholz: Good evening and welcome to the Planning and Zoning Commission 33 meeting for Tuesday, January 24th, 2012. My name is Charlie Scholz. I'm 34 the Chair of the Commission. Before we begin we're asked to do what is 35 called a Conflict of Interest Statement. So, gentlemen, any conflict of 36 interest today with the pieces that we're going to look at? No? All right, 37 staff, any conflicts? All right. We've got that one out of the way. 38 Before we begin with the approval of the minutes I want to 39 introduce the people on the panel. On my far right is Commissioner 40 Shipley. He's the Mayor's appointment. Next to him is Commissioner 41 Crane. He represents District 4. Next to him, Commissioner Stowe 42 represents District 1. Next to him is Commissioner Evans, who is District 43 5. Then Commissioner Bustos, District 3. On my immediate right is the 44 Secretary of the Board: that's Commissioner Beard and he represents 45 District 2. And I represent Council District 6. 46 1 1 II. CONFLICT OF INTEREST 2 3 At the opening of each meeting, the chairperson shall ask if any member on the 4 Commission or City staff has any known conflict of interest with any item on the 5 agenda. 6 7 III. APPROVAL OF MINUTES 8 9 1. December 20, 2011 Regular Meeting 10 11 Scholz: Our first order of business is always the approval of the minutes. Any 12 additions or corrections to the minutes of the December 20th, 2011 regular 13 meeting? All right, I'll entertain a motion to approve. 14 15 Shipley: So moved. 16 17 Scholz: And a second? 18 19 Beard: Second. 20 21 Scholz: Okay, Shipley moves and Beard seconds. All those in favor say aye. 22 23 All but Bustos and Evans: Aye 24 25 Scholz: Those opposed same sign. And abstentions? And two abstentions. 26 Thank you. 27 28 IV. POSTPONEMENTS — NONE 29 30 Scholz: All right. Mr. Ochoa, any postponements today? 31 32 Ochoa: No, sir. None today. 33 34 V. CONSENT AGENDA — NONE 35 36 Scholz: Any consent agenda items? 37 38 Ochoa: Nothing tonight, sir. 39 40 VI. OLD BUSINESS — NONE 41 42 Scholz: And no old business either? 43 44 Ochoa: No, sir. 45 46 2 1 VII. NEW BUSINESS 2 3 Scholz: Our new business, we have three items today. The first is what we call 4 the Adoption of Statement of Reasonable Notice, something we have to 5 do at the beginning of every year. So this is our first meeting of 2012 so 6 we'll read this and I'll talk about this in a moment. I would like to amend 7 the agenda, though, and move the Election of Officers to the third position 8 so after we finish reading our Adoption of Statement of Reasonable Notice 9 we can get on with the case. All right? So I'll entertain a motion to amend 10 the agenda to move the Election of Officers to the third place. 11 12 Crane: So moved. 13 14 Shipley: Crane moves and... 15 16 Beard: Second. 17 18 Scholz: Okay. Crane moves, Beard seconds. All those in favor say aye. 19 20 All: Aye. 21 22 Scholz: Those opposed same sign. All right. So it's moved. Thank you, 23 gentlemen. 24 25 1. Adoption of Statement of Reasonable Notice as required by Section 10-15- 26 1(B) of the Open Meetings Act, Section 10-15-1 to 10-15-4, New Mexico 27 Statutes Annotated (1978), as amended. 28 29 Scholz: Now, this is something that we've done in the past and generally we do it 30 as kind of a round robin. I'll read the first page and then, Commissioner 31 Beard, if you'd read Item 1; Commissioner Bustos, Item 2; Commissioner 32 Evans, Item 3; and so on and then we'll go through the whole piece. 33 Okay? 34 Whereas, the Planning and Zoning Commission of the City of Las 35 Cruces met in a public hearing at 6:00 p.m. on January 24, 2012. 36 Whereas, Section 10-15-1 (D) of the Open Meetings Act, Section 10-15-1 37 to 10-15-4, New Mexico Statutes Annotated (1978), as amended, states 38 that, except as may be otherwise provided in the Constitution or the 39 provision of the Open Meetings Act, all meetings of a quorum of members 40 of any board, council, commission, administrative adjudicatory body or 41 other policy making body of a local public agency held for the purpose of 42 formulating public policy, discussing public business or for the purpose of 43 taking any action within the authority of or the delegated authority of such 44 body, are declared to be public meetings open to the public at all times; 45 and 3 1 Whereas, any meetings subject to the Open Meetings Act at which 2 the discussion or adoption of any proposed resolution, rule, regulation or 3 formal action occurs shall be held only after reasonable notice to the 4 public; and 5 Whereas, Section 10-15-1 (D) of the Open Meetings Act, as 6 amended, requires the Planning and Zoning Commission of the City of 7 Las Cruces to determine annually what constitutes reasonable notice of its 8 public meetings. 9 Now, therefore, the Planning and Zoning Commission of the City of 10 Las Cruces, New Mexico states: 11 12 Beard: That for regular public hearings and special meetings, the Planning and 13 Zoning Commission of the City of Las Cruces generally meets the fourth 14 Tuesday of every month at 6:00 p.m. for the regular public hearing, and 15 the issuance of an agenda in accordance with this statement shall be 16 issued and circulated to the press, radio, and other public information 17 media and posted on bulletin boards of the City of Las Cruces, City Hall. 18 19 Bustos: That a public hearing is required for requests for Zoning Code 20 amendments, Sign Code amendments, zone changes, annexations, initial 21 zonings, Planned Unit Developments, infill development proposals, special 22 use permits (as defined in Section 38-10 of the 2001 Zoning Code, as 23 amended). Notice of the public hearing shall be sent by regular mail to all 24 property owners, as shown by the records of the County Assessor, within 25 at least two hundred (200) feet of the proposed case, excluding streets, 26 alleys, channels, canals, railroads, and all other public rights-of-way. 27 Notice shall be mailed at least ten (10) days prior to the required hearing. 28 Notice of the time and place of the public hearing shall be published at 29 least fifteen (15) days prior to the hearing in a newspaper of general 30 circulation in the City. 31 32 Evans: That a public hearing is required for requests for Subdivision Code 33 amendments, master plans, preliminary plats, and final plats (as defined in 34 Chapter 37 of the Las Cruces Municipal Code). Notice of the public 35 hearing shall be sent by regular mail to all property owners, as shown by 36 the records of the County Assessor, within at least two hundred (200) feet 37 of the proposed case, excluding streets, alleys, channels, canals, 38 railroads, and all other public rights-of-way. Notice shall be mailed at least 39 nine (9) days prior to the required hearing. Notice of the time and place of 40 the public hearing shall be published at least nine (9) days prior to the 41 hearing in a newspaper of general circulation in the City. 42 4 1 Stowe: Number 4: That a public hearing is required for requests for Subdivision 2 Code, all appeals to the Zoning Code, Design Standards interpretations, 3 and Subdivision Code interpretations. Notice of the time and place of the 4 meeting shall be published at least fifteen (15) days prior to the hearing in 5 a newspaper of general circulation in the City. 6 7 Crane: Section 5: That the Planning and Zoning Commission determines that, 8 reasonable notice shall include the issuance and posting of an agenda for 9 regular meetings by 4:00 p.m., on Friday preceding the regular Tuesday 10 meeting. That reasonable notice for special meetings shall require the 11 issuance and posting of an agenda within 24 hours of the time of the 12 special meeting. All other meetings which may be called for informational 13 purposes at which no action is to be taken shall be held only after written 14 notice issued to the news media no later than 12:00 noon of the day of 15 such meeting, or four (4) hours before such meeting, whichever is greater. 16 17 Shipley: Section 6: That in an emergency wherein it is necessary for the public 18 peace, health, safety and welfare, a meeting may be called with as much 19 notice as may be possible under the conditions. Number 7: That 20 substantial compliance with any one of the appropriate foregoing methods 21 of giving notice shall constitute compliance with this statement and 22 Section 10-15-1 to 10-15-4, N.M.S.A. (1978), as amended. Nothing 23 herein shall prevent the use of additional means or methods of giving 24 notice of regular or special meetings. Nothing herein shall require new 25 notice of any public meeting for which notice has been given and which is 26 recessed or adjourned. However, in recessing the meeting, the presiding 27 officer shall announce the meeting, the time and place the meeting shall 28 resume. 29 30 Scholz: That all such meetings are and shall be open to the public as set forth in 31 Section 10-15-1 to 10-15-4, N.M.S.A. (1978), as amended. 32 33 Beard: Number 9: That if any section, paragraph, clause, or provision of this 34 statement shall be for any reason held to be invalid or unenforceable, the 35 invalidity or unenforceability of such section, paragraph or clause or 36 provision shall not affect any of the remaining provisions of this statement 37 or its application to other situations. 38 39 Scholz: Thank you, gentlemen. 40 41 Shipley: Mr. Chairman? 42 43 Scholz: Yes, Commissioner Shipley. 44 5 1 Shipley: When we did this last year we had talked at great length about the amount 2 of time, especially mail notices, because of the fact that we're giving 3 people ten days on one occasion, nine days on another occasion and I 4 thought that we had said that we really wanted to see notice go out so that 5 people have a time to be notified: number 1, if they're interested to go to 6 the City and get information. If you were send out a notice nine days prior, 7 if it's mailed nine days prior they may get it two or three days prior for the 8 actual meeting. They have no time to respond. So, because of that I 9 thought we had all agreed that we felt that mailed notices had to be a 10 minimum of fifteen days and that's what was recommended to be changed 11 last year. 12 13 Scholz: You know, I don't recall that but certainly, we could go back to the minutes 14 and take a look at that. I think that's an excellent suggestion and I'm 15 going to say that we can talk to Mr. Kyle about this, perhaps, at the end of 16 the meeting and see if we can get some change there. I think, also, it 17 should be uniform, you know, instead of saying it's fifteen days here and 18 ten days here and nine days here. Make it all one fifteen-day notice... 19 20 Shipley; I agree. 21 22 Scholz: ...which, I think, would give everyone enough time. 23 24 Shipley: Right. 25 26 Scholz: Commissioner Crane. 27 28 Crane: I do recall we had a discussion about the inconsistencies here. I can't 29 recall the details. But I don't see any virtue to having different notice times 30 for slightly different requirements, slight differences in types of business. 31 32 Scholz: Right. I think it was originally done because there seems to be less of a 33 concern for a plat for a new development than there is, say, for a rezoning 34 or an annexation or something like that. But we can talk about that at the 35 end of the meeting. Okay? One more point, Commissioner Shipley? 36 37 Shipley: Do we need to make a motion to the fact that that should be standardized 38 and should be brought back to us at the next meeting, the regularly 39 scheduled meeting? 40 41 Scholz: Well, I think we'll leave that to a discussion that we have with Mr. Kyle... 42 43 Shipley: At the end? 44 45 Scholz: At the end. Yes. 46 6 1 Shipley: Thank you. 2 3 Scholz: Okay. 4 5 2. Election of Officers. — MOVED TO THIRD ITEM ON THE AGENDA 6 7 Scholz: 8 9 3. Case S-11-037: Application of Sonoma Ranch North, LLC for a preliminary 10 plat known as Sonoma Ranch North Phase 1 on a 5.74 t acre tract located 11 on the south side of Northrise Drive at its intersection with Purple Sage Drive 12 within the Sonoma Ranch North master planned area; Parcel ID# 02-36081. 13 Proposed Use: Single-family residential lots. Council District 6. APPROVED 14 7-0 15 16 Scholz: Mr. Ochoa, our case then is case S-11-037 and you're up. 17 18 Ochoa: Good evening, gentlemen. Adam Ochoa, Development Services, for the 19 record. The first and only case we have tonight in front of you all is case 20 S-11-037. It is a request for approval of the preliminary plat known as 21 Sonoma Ranch North Phase 1. Seen here on the vicinity map, highlighted 22 in the light blue, turquoise, here in the orange is the area we are speaking 23 about. It is located south of what is Northrise Drive where the future 24 extension of Purple Sage Drive will continue down south, which Purple 25 Sage Drive would be constructed with this new development proposal. 26 Just to give you kind of a bearing as to where this is, here is the Alameda 27 Arroyo to the east, immediately east, of this proposed preliminary plat and 28 about 0.15 miles west of their north is Sonoma Elementary School, just to 29 give you kind of a bearing where this is. 30 This property is located on the south side of Northrise Drive at its 31 intersection with Purple Sage Drive. The preliminary plat is actually 32 located within the Sonoma Ranch North Master Planned Area. I believe it 33 is actually in planning parcel 12 of that Sonoma Ranch North Master Plan. 34 The subject property encompasses approximately 5.742 +/- acres and is 35 currently zoned R-3, which is Multi-Dwelling, Medium Density. The 36 proposed preliminary plat is essentially taking that one tract of land and 37 platting it out for 21 new single-family residential lots. The 21 single-family 38 residential lots are permitted uses in the R-3 Zoning District so the single- 39 family detached use is a permitted use in the R-3 Zoning District. The 40 proposed preliminary plat complies with all the regulations and 41 requirements of the Sonoma Ranch North Master Plan and it also 42 complies with all rules and regulations of the 2001 Zoning Code, as 43 amended, the City of Las Cruces Subdivision Code and the City of Las 44 Cruces Design Standards. Any future final plat or construction drawings 45 would also have to follow all requirements set forth by all those City 46 regulations and those of the Sonoma Ranch North Master Plan. 7 1 Here is a quick aerial, again, describing the area in the light 2 turquoise here; again, Sonoma Ranch Elementary to the northwest of the 3 property. Directly east of the Alameda Arroyo is where this property is 4 located. I believe attached you did have a large copy of this preliminary 5 plat of the Sonoma Ranch... 6 7 Scholz: Yes, you did. 8 9 Ochoa: ...North Phase 1 describing the 21 lots ranging in size of about 0.167 10 acres to about a third of an acre. So they are rather decent sized single- 11 family lots, again, above and beyond the minimum lot size requirement of 12 the R-3 Zoning District; running along both sides of what would be the 13 future extension of Purple Sage Drive and here you kind of see in the 14 vicinity map where that tract actually sits within the Sonoma Ranch North 15 Master Planned area. 16 On January 4, 2012 the Development Review Committee reviewed 17 the proposed preliminary plat. During the meeting staff did express some 18 minor concerns in changes that needed to be done on the plat. Those 19 changes were easily done and taken care of by the applicant and DRC 20 recommended approval for the proposed preliminary plat. The Planning 21 and Zoning Commission has final authority on the preliminary plats. 22 With that, gentlemen, your options tonight are: 1) to vote "yes" to 23 approve the preliminary plat as recommended by DRC for case S-11-037; 24 2) to vote "yes" to approve the preliminary plat request with conditions as 25 seen fit by the P & Z; 3) to vote "no" and deny the preliminary plat request, 26 and; 4) table/postpone the request and direct staff accordingly. That is the 27 conclusion of my presentation. The applicant is here as well with his own 28 presentation and he is here for questions as well. I stand for questions as 29 well. 30 31 Scholz: Okay. Any questions for this gentleman? I should explain to you folks in 32 the audience if you haven't been here before what we usually do is have 33 the City make its presentation first, then the applicant makes a 34 presentation, then we open it for public input. When we close it for public 35 input then we discuss it among ourselves and then we vote. All right, let's 36 hear from the applicant. 37 38 Soleman: Good evening, Mr. Chair, Members of the Commission. My name is Brian 39 Soleman. I am an engineer for Sonoma Ranch. We are here tonight for 40 preliminary plat for Sonoma Ranch North Phase 1. General vicinity, as 41 Mr. Ochoa explained to you. Now this is a copy of the preliminary plat as 42 proposed. This is a zoom-in showing roughly the layout of the lots, all 43 utilities are extended into the property readily available...actually a pretty 44 decent development. That really concludes my presentation. It's a pretty 45 simple development. I stand for any questions. 46 8 1 Scholz: Questions for this gentleman? Commissioner Crane. 2 3 Crane: Yes. Looking at one, at least, of the diagrams we've been given: lot 11, 4 at the bottom end of Purple Sage Drive has running through it a 30-foot 5 easement centered on existing sanitary sewer with a manhole located 6 there. How's that going to tie in with somebody putting a house on that 7 lot? 8 9 Soleman: Commissioner Crane, when we get to the point of final plat that particular 10 location has to do with the existing sewer. When we develop construction 11 drawings we will realign the sewer along Purple Sage Drive and continue 12 south and we'll vacate that portion and remove it. 13 14 Crane: Thank you. 15 16 Scholz: All right? Any other questions? Okay. Thank you very much. I'll open 17 this to the public. Anyone from the public wish to speak to this case? 18 Yes, sir. Come up and identify yourself, please. 19 20 Teissere: Mr. Chairman, Members of the Committee, ladies and gentlemen. My 21 name is Ron Teissere. I live on Picuris Court which is immediately north 22 and a little bit east of the proposed development. I'm part of The Pueblos 23 Development but there's no obstructions between me and the proposed 24 development. My kitchen window looks directly into it. I don't have any 25 problem with the single-family development plat. That's not an issue. 26 The issue I have is the lack of traffic controls and other things 27 associated with the now-developing density along Northrise. As you 28 know, the commercial development around Sonoma Ranch; there's still 29 just stop signs on Sonoma Ranch Boulevard, which have become 30 increasingly easily ignored. And I think with this new State Patrol 31 headquarters and now this development along the south side of Northrise 32 I'd really like the City, particularly as perhaps conditions to these kinds of 33 plats, that we start to look at some traffic controls. This has become quite 34 a little raceway along Northrise and, in fact, just the other day someone 35 lost control, went across all four lanes of Northrise and smashed into the 36 wall right across the street from this development at the intersection with 37 Purple Sage. And this has become a sort of a concern, I think, to a lot of 38 the residents there because a lot of us are retired and walk along these 39 sidewalks and the traffic is really getting to be an annoyance. There's not 40 a single traffic control sign east of Sonoma Ranch Boulevard anywhere in 41 this area. There's not a speed limit sign. There's not a stop sign except at 42 Calle Abuelo and some of the development streets have stop signs, of 43 course, coming out of Northrise. But Northrise itself is essentially 44 uncontrolled. So some consideration of that, I think, would be worthwhile 45 as these plats get approved. I really appreciate the time to speak to it. 46 Thank you very much. 9 1 2 Scholz: Thank you, sir. Anyone else wish to speak to this? Yes, ma'am. You'll 3 have to come up to the microphone, please, and identify yourself. 4 5 Talamante: I'm Mary Ann Talamante and I live in The Pueblos and I just wonder: 6 where are the apartments that we're talking about? I don't see them on 7 this plat. 8 9 Scholz: No. We're not talking about apartments here. This is a plat for a single- 10 family development, single-family houses. 11 12 Talamante: Oh! Well, then...I was totally mistaken because I was told there were 13 going to be medium-density apartment buildings. 14 15 Scholz: Well, the interesting thing is that it's zoned for medium-density apartment 16 buildings but the developer has decided to put single-family houses there. 17 18 Talamante: That's, I think, wiser considering the proximity to the grade school. 19 20 Scholz: Okay. 21 22 Talamante: Thank you. 23 24 Scholz: Sir, the gentleman who spoke earlier: how do you spell your last name? 25 26 Teissere: I'm sorry. 27 28 Scholz: It's for our secretary. She needs... 29 30 Teissere: My name is Teissere...T, like in "Tom" — e-i-s-s-a-r-e. 31 32 Scholz: Oh, I was close. Thank you, sir. Anyone else wish to speak to this? All 33 right, I'm going to close it for public discussion then. Gentlemen, what's 34 your pleasure? 35 36 Crane: I move that... 37 38 Scholz: Commissioner Crane. 39 40 Crane: ...case S-11-037 be approved. 41 42 Scholz: Is there a second? Commissioner Beard. 43 44 Stowe: Second. 45 46 Beard: I was going to make a comment. 10 1 2 Scholz: Oh! Certainly! Please do. 3 4 Beard: So, really the objection we have is not really related to this piece of 5 property but it's related to access, pedestrian access, pedestrian 6 movement around the area... 7 8 Scholz: Okay. 9 10 Beard: And so...is that the way I interpret it? 11 12 Scholz: All right. 13 14 Shipley: The one thing I would say is that we don't have any control on that. It's 15 just the property that we have a say-so on. I'd recommend going to the 16 City Council and where they can really put in the things that you may want 17 to have there that's outside of that piece of property. 18 19 Scholz: And you're talking about speed control signs and things like that? Yeah. 20 21 Shipley: Correct. Yes. Fine. 22 23 Scholz: Commissioner Shipley. I just had one question for Adam. I noticed that 24 the DRC commented about access and there's only one way in, one way 25 out for these 21 homes. Is there, in the future, supposed to be a 26 secondary point of access or egress? 27 28 Ochoa: Mr. Shipley, for any future possible construction I'll leave that to the 29 applicant to answer for you, sir. He's more aware of any future plans 30 that'll be going out there, sir. 31 32 Soleman: Mr. Chair, Commissioner Shipley, there is plans as we continue south to 33 tie back into Sonoma Ranch Boulevard. Currently, along Sonoma Ranch 34 Boulevard there are four planned accesses into this side of the 35 development that is platted in the right-of-way. So it will continue to loop 36 around, as you can see it in the aerial. In this aerial you can see where 37 the sewer line is, the existing sewer line; this'll have to be roads that will 38 continue to tie in to Sonoma. 39 40 Shipley: I'm trying to visualize this when looking at this plot or plat and it doesn't 41 say what the court is over there but it looks like that's a court to the west of 42 that, the southwest. 43 44 Soleman: It's not a court. No, sir. 45 46 Shipley: You're not talking about tying into that? 11 1 2 Soleman: No, sir. The road...and I don't know if you can see the cursor... but as we 3 continue the sewer line it will tie in back down here...Purple Sage...and 4 then the existing right-of-way with the existing sewer that's active now and 5 then we'll continue up along Sonoma Ranch Boulevard, there's planning 6 for this access and there's two other accesses to the south. 7 8 Shipley: So the southerly access would be then later when you're going to extend, / 9 say, Purple Sage all the way down to this other point? 10 11 Soleman: That's correct. 12 13 Shipley: Thank you. 14 15 Beard: I second the motion. 16 17 Scholz: (laughing) We'll get back to that in a moment. Any other comments? I'm 18 sorry. I didn't mean to rush this. Okay. So, Crane, you moved. Beard, 19 are you seconding? 20 21 Beard: Yes. 22 23 Scholz: All right, I'll call the roll. Commissioner Shipley. 24 25 Shipley: Aye, findings, discussion and site visit. 26 27 Scholz: Commissioner Crane. 28 29 Crane: Aye, findings, discussion and site visit. 30 31 Scholz: Commissioner Stowe. 32 33 Stowe: Aye, findings, discussion and site visit. 34 35 Scholz: Commissioner Evans. 36 37 Evans: Aye, findings, discussion. 38 39 Scholz: Commissioner Bustos. 40 41 Bustos: Aye, findings, discussion. 42 43 Scholz: Commissioner Beard. 44 45 Beard: Aye, findings, discussions and site visit. 46 12 1 Scholz: And the Chair votes aye, findings, discussion and site visit so it passes 7- 2 0. Thank you, gentlemen. Okay, our next order of business then is the 3 Election of Officers. Now, the way we've worked this in the past is that we 4 open nominations for Secretary first then for Vice-chair and then for Chair. 5 So I'll open the nominations for Secretary. 6 7 Shipley: Mr. Chairman. 8 9 Scholz: Commissioner Shipley. 10 11 Shipley: I would like to nominate Mr. Beard as the Secretary. 12 13 Scholz: Okay. Are there any other nominations for Secretary? All right, I'm going 14 to move that the nominations be closed. All those in favor of closing the 15 nominations for Secretary? 16 17 All: Aye. 18 19 Scholz: Thank you. Those opposed same sign. Very good. Commissioner 20 Beard, you are our new Secretary. Congratulations. Okay, I'll entertain 21 nominations for Vice-Chair. 22 23 Shipley: Mr. Chairman, I would nominate Mr. Crane for Vice-Chair. 24 25 Scholz: Okay, Commissioner Crane for Vice-Chair. Any other nominations? 26 Okay, I'm going to move that the nominations be closed. Is there a 27 second? 28 29 Beard: Second. 30 31 Scholz: All those in favor say aye. 32 33 All: Aye. 34 35 Scholz: Okay, Commissioner Crane, you are our Vice-Chair for this next year. 36 Thank you. 37 38 Crane: I'm grateful, sir. Thank you. 39 40 Scholz: Okay, and, Commissioner Crane, as Vice-Chair, would you please 41 conduct the nominations and election for the Chair? 42 43 Crane: The Vice-Chair will entertain nominations for Chairman of the 44 Commission. I'll nominate Commissioner Scholz to continue as Chair. 45 46 Shipley: Second. 13 1 2 Crane: Are there any other nominations? The nominations are closed. Mr. 3 Scholz, I believe you are our new Chairman. 4 5 Scholz: I think I am, yes. Gosh, it's a great honor. Thank you. 6 7 VIII. OTHER BUSINESS — NONE 8 9 Scholz: Now, Other Business we have none listed...and Mr. Kyle was leaving I 10 see. Oops, oh, he's coming into the pit. Okay. I have a feeling he's going 11 to introduce someone for us. 12 13 IX. PUBLIC PARTICIPATION 14 15 Scholz: 16 17 X. STAFF ANNOUNCEMENTS 18 19 Kyle: If we are at Staff Announcements. 20 21 Scholz: Yes, that's good. 22 23 Kyle: I'd like to take a moment to introduce you to Katherine Harrison-Rogers. 24 She started with the Community Development Department the first part of 25 January. She is the Senior Planner for the Development Services Section 26 and will supervise the Development Services Section so you will see both 27 of our happy faces at these meetings for the future and then probably just 28 hers and the staff. I'd also like to take an opportunity to introduce Rocio 29 Dominguez. Rocio is part of the Community Development Department. 30 She's our Chief Development Engineer as part of our consolidated view 31 process. 32 33 Scholz: Oh, right. 34 35 Kyle: So she will often times, I think, be present at these meetings and then will 36 have an opportunity to provide some engineering advice and direction on 37 certain things as those come up. 38 39 Scholz: The young woman standing next to you doesn't look old enough to be the 40 Senior Planner. (several people laughing) I keep thinking the Senior 41 Planner, you know, has gray hair, that sort of thing. This job will probably 42 give you that so... 43 44 Harrison-Rogers: Well, thank you. I look forward to working with all of you. 45 14 1 Scholz: We do, too. Thank you. Okay, Mr. Kyle, we had a question earlier. Why 2 don't you articulate this again, Commissioner Shipley? 3 4 Shipley: The question was: when we, I guess when we got this before we had 5 discussed the fact that nine days, ten days of mail time is not enough to 6 get a response to somebody, especially if they live outside the city or own 7 a piece of property in the city and we felt that it should be...I think our 8 recommendation last year was fifteen days and that never really came 9 back to us where we saw that had been changed. But since it's the same 10 way this year that it was last year I'm assuming that it wasn't changed. 11 So... 12 13 Kyle: Mr. Chairman, if I may: one, because this item was not on the agenda we 14 probably shouldn't discuss it as an agenda item. Obviously, staff has 15 heard your concerns. We'll go back and look at what the discussion was 16 last January, follow up on whatever action may have occurred or did not 17 occur at that point and then have it as a discussion for next month and 18 bring potential options, etc. Staff will need to research State Statute and 19 make sure that we don't have any problems associated with that in 20 changing those notice periods as outlined in the Statutes; but we'll put it 21 on as a discussion item and try to have a little more information for you for 22 next month. 23 24 Scholz: Commissioner Beard. 25 26 Beard: I'd like to add another item on that agenda: in the same regards as time is 27 also the distance of 200-feet and many people have many, many times 28 have complained that they weren't within the radius to receive a notice but 29 were being affected by the change, request of change. I would like to 30 bring up that 200-foot as an item of topic as to whether that's too small or 31 whether it should be increased. 32 33 Scholz: All right. 34 35 Kyle: Statutorily, I believe we're required to notice 100 feet... 36 37 Scholz: Really? 38 39 Kyle: Yes, for zoning and since City has...for as long as I've worked for the City, 40 we've had that 200-foot boundary. There have been discussions in the 41 past about enlarging it and the issues pro and con but we will bring that 42 forward as well. 43 44 Scholz: Okay. Good. The traffic issue that that gentleman brought up obviously is 45 not in our purview and I think you were wise in saying that we talk to the 15 1 City Council about that. I think that's probably the best solution. But, are 2 we doing traffic studies as a rule on new developments like this? 3 4 Kyle: Mr. Chairman, depending on the type of development, the scope, the size 5 of the development the Traffic Engineer may require a Traffic Impact 6 Analysis related to it. As this was a reasonably small... 7 8 Scholz: Yeah. 9 10 Kyle: ... development planned for, etc. it was not required as part of this but 11 through the review process the Traffic Engineer has the discretion to 12 request one be done. This Commission also has the authority to request 13 certain studies, etc. if they feel it's germane to the particular issue: 14 typically postpone a case pending that information being brought back. 15 In this particular phase, just for your knowledge, Northrise is a 16 Principal Arterial, Designated Principal Arterial. They are designed to 17 carry large amounts of traffic in reasonably uninterrupted fashion. In 18 terms of traffic signalization, that sort of thing, especially for traffic lights, 19 there have to be certain warrants that have to be met in order to 20 necessitate or justify lights being installed and those are things that are 21 generally reviewed when master plans come in. The Sonoma Master Plan 22 is a very large master plan. We have the conceptual information related to 23 how many dwellings and that sort of thing may be generated by the 24 development and those are all things that may be considered along as 25 development occurs. But just for information. 26 27 Scholz: All right. Are there flashing lights in front of Sonoma Ranch Elementary? 28 29 Several people: Yes. 30 31 Scholz: There are? Okay, I didn't notice that when I went out there. 32 33 Shipley: It's a 15-mile-an-hour zone through there. 34 35 Scholz: Okay. I was there, I think, on Saturday so, of course, nothing was there 36 so I didn't notice that. Yes, Commissioner Shipley? 37 38 Shipley: There's one thing else, though. I would agree with the gentleman 39 because the other day I was coming on Sonoma Ranch Boulevard from 40 70 and I pulled up to Northrise and a gentleman in a car pulled out on the 41 right and turned left in front of me to make a left turn to go down toward 42 the school and I slammed on the brakes and, you know, there are some 43 people that are not very courteous or very attentive to what they're doing. 44 He was in such a big hurry to get down that street that he passed on the 45 right to make a left-hand turn...and so there's something that needs to be 46 looked at there. At least it needs to be patrolled a little bit. 16 1 2 XI. ADJOURNMENT (6:36 pm) 3 4 Scholz: Thank you very much. Any other comments, questions, gentlemen, folks? 5 Nice meeting you all. We look forward to seeing you and I see you're 6 wearing matching outfits. (laughing) I obviously didn't get the memo or I 7 would have worn my purple shirt. I say we're adjourned at 6:36. 8 9 10 11 Chairperson Date 17 City of Las Cruces THE CITY OF LAS CRUCES PLANNING AND ZONING COMMISSION STATEMENT OF REASONABLE NOTICE FOR MEETINGS The Planning and Zoning Commission is informed that: WHEREAS, the Planning and Zoning Commission of the City of Las Cruces met in a public hearing at 6:00 p.m. on January 24, 2012. WHEREAS, Section 10-15-1 (D) of the Open Meetings Act, Section 10-15-1 to 10-15-4, New Mexico Statutes Annotated (1978), as amended, states that, except as may be otherwise provided in the Constitution or the provision of the Open Meetings Act, all meetings of a quorum of members of any board, council, commission, administrative adjudicatory body or other policy making body of a local public agency held for the purpose of formulating public policy, discussing public business or for the purpose of taking any action within the authority of or the delegated authority of such body, are declared to be public meetings open to the public at all times; and WHEREAS, any meetings subject to the Open Meetings Act at which the discussion or adoption of any proposed resolution, rule, regulation or formal action occurs shall be held only after reasonable notice to the public; and WHEREAS, Section 10-15-1(D) of the Open Meetings Act, as amended, requires the Planning and Zoning Commission of the City of Las Cruces to determine annually what constitutes reasonable notice of its public meetings. NOW, THEREFORE, the Planning and Zoning Commission of the City of Las Cruces, New Mexico states: P.O. BOX 20000 . LAS CRUCES. NEW MEXICO . 88004-9002 1575.541.2000 AN EQUAL OPPORTUNITY EMPLOYER (I) THAT for regular public hearings and special meetings, the Planning and Zoning Commission of the City of Las Cruces generally meets the fourth Tuesday of every month at 6:00 p.m. for the regular public hearing, and the issuance of an agenda in accordance with this statement shall be issued and circulated to the press, radio, and other public information media and posted on bulletin boards of the City of Las Cruces City Hall. (II) THAT a public hearing is required for requests for Zoning Code amendments, Sign Code amendments, zone changes, annexations, initial zonings, Planned Unit Developments, infill development proposals, special use permits (as defined in Section 38-10 of the 2001 Zoning Code, as amended). Notice of the public hearing shall be sent by regular mail to all property owners, as shown by the records of the County Assessor, within at least two hundred (200) feet of the proposed case, excluding streets, alleys, channels, canals, railroads, and all other public rights-of-way. Notice shall be mailed at least ten (10) days prior to the required hearing. Notice of the time and place of the public hearing shall be published at least fifteen (15) days prior to the hearing in a newspaper of general circulation in the City. (III) THAT a public hearing is required for requests for Subdivision Code amendments, master plans, preliminary plats, and final plats (as defined in Chapter 37 of the Las Cruces Municipal Code). Notice of the public hearing shall be sent by regular mail to all property owners, as shown by the records of the County Assessor, within at least two hundred (200) feet of the proposed case, excluding streets, alleys, channels, canals, railroads, and all other public rights-of-way. Notice shall be mailed at least nine (9) days prior to the required hearing. Notice of the time and place of the public hearing shall be published at least nine (9) days prior to the hearing in a newspaper of general circulation in the City. (IV) THAT a public hearing is required for all appeals to the Zoning Code, Design Standards interpretations, and Subdivision Code interpretations. Notice of the time and place of the meeting shall be published at least fifteen (15) days prior to the hearing in a newspaper of general circulation in the City. (V) THAT the Planning and Zoning Commission determines that, reasonable notice shall include the issuance and posting of an agenda for regular meetings by 4:00 p.m., on Friday preceding the regular Tuesday meeting. That reasonable notice for special meetings shall require the issuance and posting of an agenda within 24 hours of the time of the special meeting. All other meetings which may be called for informational purposes at which no action is to be taken shall be held only after written notice issued to the news media no later than 12:00 noon of the day of such meeting, or four (4) hours before such meeting, whichever is greater. (VI) THAT in an emergency, wherein it is necessary for the public peace, health, safety and welfare, a meeting may be called with as much notice as may be possible under the conditions. (VII) THAT substantial compliance with any one of the appropriate foregoing methods of giving notice shall constitute compliance with this statement and Section 10-15-1 to 10-15-4, N.M.S.A. (1978), as amended. Nothing herein shall prevent the use of additional means or methods of giving notice of regular or special meetings. Nothing herein shall require new notice of any public meeting for which notice has been given and which is recessed or adjourned. However, in recessing the meeting, the presiding officer shall announce the meeting, the time and place the meeting shall resume. (VIII) THAT all such meetings are and shall be open to the public as set forth in Section 10-15-1 to 10-15-4, N.M.S.A. (1978), as amended. (IX) THAT if any section, paragraph, clause, or provision of this statement shall be for any reason held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph or clause or provision shall not affect any of the remaining provisions of this statement or its application to other situations. Ck&a&j� Chair, Planning and oni Commission /,-7 Date d4i:i/6 Secretary, Planning and Zoning Commission ► � y �v Date