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06-26-2012 City of las Cruces P E O P L E N E L P I N O P E O 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, June 26, 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. May 22, 2012 Regular Meeting IV. POSTPONEMENTS — NONE 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. 1. Case Z2854: Application of Chad Sells on behalf of Raci Management Company, Inc. to rezone from M-1/M-2 (Industrial Standard) to C-3/M-1/M-2 (Commercial High Intensity/Industrial Standard) on a 12.59 ± acre lot located on the northwest corner of Motel Boulevard and Interstate 10; a.k.a. 2701 W. Amador Avenue; Parcel ID# 02-00484. Proposed Use: Border International Truck Dealership & Service; Council District 4. VI. OLD BUSINESS — NONE Page 1 of 2 VII. NEW BUSINESS 1. Case SUP-12-02: Application of Jose & Deborah Sainz for a Special Use Permit (SUP) to allow day care services for up to twelve (12) children within a single-family home on a property encompassing 0.34 ± acres located on the south side of Fairway Drive, 520 ± feet east of its intersection with Telshor Boulevard; a.k.a. 3015 Fairway Drive; Parcel ID# 02-16537; Proposed Use: Group Child Care Home (7 to 12 children). Council District 2. VIII. OTHER BUSINESS — NONE IX. PUBLIC PARTICIPATION X. STAFF ANNOUNCEMENTS XI. ADJOURNMENT Page 2 of 2 City of las Cruces 1 PEOPLE NELPINO PEOPLE 2 3 PLANNING AND ZONING COMMISSION 4 FOR THE 5 CITY OF LAS CRUCES 6 City Council Chambers 7 June 26, 2012 at 6:00 p.m. 8 9 BOARD MEMBERS PRESENT: 10 11 Godfrey Crane, Vice Chair 12 Charles Beard, Secretary 13 William Stowe, Member 14 Ray Shipley, Member 15 16 BOARD MEMBERS ABSENT: 17 18 Charles Scholz, Chairman 19 Shawn Evans, Member 20 Donald Bustos, Member 21 22 STAFF PRESENT: 23 24 Robert Kyle, Building and Development Administrator, CLC 25 Katherine Harrison-Rogers, Senior Planner, CLC 26 Adam Ochoa, Planner, CLC 27 Susana Montana, Planner, CLC 28 Mark Dubbin, CLC Fire Department 29 Rusty Babington, CLC Legal Staff 30 Bonnie Ennis, Recording Secretary, CLC 31 32 I. CALL TO ORDER (6:00 PM) 33 34 Crane: Good evening, ladies and gentlemen. It being 6:00 pm on the 26t" of June, 35 2012 this meeting of the Planning and Zoning Commission is called to 36 order. We start as we usually do by introducing the Commissioners 37 present. On my far right, Commissioner Shipley represents District 6; 38 Commissioner Stowe, District 1; Commissioner Beard, District 2; and I 39 represent District 4. My name's Godfrey Crane and I am also the Vice- 40 chair of the Commission. So in the absence of our regular Chair, Charles 41 Scholz, I'll be chairing the meeting tonight. 42 1 1 2 11. CONFLICT OF INTEREST 3 4 Crane: Our first item of business, as usual, is to ask the Commissioners if they 5 have any conflict of interest regarding any of the items on the agenda. 6 The Commissioners are signifying "no." Members of the City Planning 7 staff, any conflict? They are signifying "no." 8 9 III. APPROVAL OF MINUTES 10 11 1. April 24, 2012 Regular Meeting 12 13 Crane: We proceed to the approval of the minutes of the meeting of the 22"d of 14 May. Commissioners, anybody have any changes to make? Any 15 comments? Commissioner Beard. 16 17 Beard: Page 24, line 40: of line 40 the first word, it should be "Goal"... 18 19 Crane: Goal, right. G-o-a-I. 20 21 Crane: Thank you. Anybody else? I'll ask for an approval of the minutes. 22 Someone's got to approve that. All right, I'll entertain a motion that the 23 minutes be approved as amended. 24 25 Stowe: So moved. 26 27 Beard: Second it. 28 29 Crane: Moved by Stowe, seconded by Beard. All in favor say aye. 30 31 Stowe, Beard and Crane: Aye. 32 33 Crane: Any opposed? Abstentions? 34 35 Shipley: One abstains. 36 37 Crane: Commissioner Shipley abstains. The minutes are accepted 3-0. 38 39 IV. POSTPONEMENTS — NONE 40 41 Crane: Are there any postponements, Mr. Ochoa? 42 43 Ochoa: No, sir. Nothing tonight. 44 45 V. CONSENT AGENDA 46 47 Crane: We next go to the Consent Agenda. There's only one item on it. However 2 1 many items are on the Consent Agenda would be voted on by the 2 Commission as one group together unless some Commissioner or 3 member of the City staff or member of the public would like to discuss any 4 item. They can be removed from the Consent Agenda and added to New 5 Business. Commissioners? 6 7 Beard: No. 8 9 Shipley and Stowe shaking heads. 10 11 Crane: City staff? Members of the public? All right. 12 13 1. Case Z2854: Application of Chad Sells on behalf of Raci Management 14 Company, Inc. to rezone from M-1/M-2 (Industrial Standard) to C-3/M-1/M-2 15 (Commercial High Intensity/Industrial Standard) on a 12.59 ± acre lot located 16 on the northwest corner of Motel Boulevard and Interstate 10; a.k.a. 2701 W. 17 Amador Avenue; Parcel ID# 02-00484. Proposed Use: Border International 18 Truck Dealership & Service; Council District 4. APPROVED 4-0 19 20 Crane: Then, we will vote on the case Z2854. Do you want to introduce that, Mr. 21 Ochoa, or shall we just take it as is? Okay. Then the Consent Agenda 22 item Z2854: I'll entertain a motion that this be approved. 23 24 Shipley: I move to approve. 25 26 Crane: Moved by Shipley. 27 28 Beard: Second it. 29 30 Crane: Seconded by Beard. All in favor? 31 32 All: Aye. 33 34 Crane: All opposed same sign? It passes 4-0. 35 36 VI. OLD BUSINESS — NONE 37 38 Crane: Any Old Business to get back to, Mr. Ochoa? 39 40 Ochoa: No, sir. None tonight. 41 42 VII. NEW BUSINESS 43 44 1. Case SUP-12-02: Application of Jose & Deborah Sainz for a Special Use 45 Permit (SUP) to allow day care services for up to twelve (12) children within a 46 single-family home on a property encompassing 0.34 + acres located on the 47 south side of Fairway Drive, 520 ± feet east of its intersection with Telshor 3 1 Boulevard; a.k.a. 3015 Fairway Drive; Parcel ID# 02-16537; Proposed Use: 2 Group Child Care Home (7 to 12 children). Council District 2. 3 4 Crane: All right. So we go on to New Business. Case SUP-12-02: application of 5 Jose and Deborah Sainz for a Special Use Permit to allow day care 6 services for up to twelve children with a single-family home on a property 7 encompassing about 0.34 acres located on the south side of Fairway 8 Drive, about 520 feet east of its intersection with Telshor Boulevard, also 9 known as 3015 Fairway Drive. The Proposed Use is Group Child Care 10 Home of seven to twelve children. It's in Council District 2. Mr. Ochoa? 11 12 Ochoa: Thank you, sir. Adam Ochoa for the Development Services; for the 13 record. The first and only case tonight, gentlemen, is the Special Use 14 Permit or SUP-12-02. It is a request for a Special Use Permit, as the 15 Chair pointed out, to allow to a group child care home in the single-family 16 dwelling unit; a group child care home being up to twelve children and 17 being cared for on the property located at 3015 Fairway as seen here on 18 the vicinity map here highlighted in the light blue with the stripes through it; 19 as you can see here pointed with the subject property arrow. Just to give 20 you an idea where it's at the Memorial Medical Center is located 21 southwest of the subject property over here. It is along Telshor, like the 22 Chair again said, about 520 feet east of its intersection with Telshor 23 Boulevard. 24 Just to kind of give you a rough idea of the way that staff evaluates 25 possible Special Use Permits we take a look at including Group Child 26 Care Homes. We take a look at different things for the location in the 27 residential zoning district. What we look at is possibly what's in the 28 proximity of the subject property and any potential impacts that might 29 occur to the surrounding properties; any potential traffics impacts. We 30 take a look at the hours of operation that'll be done for the Group Child 31 Care Home, site design and any general neighborhood comments. As 32 stated before, the property is located on the south side of Fairway Drive 33 about 520 feet east of its intersection with Telshor Boulevard. The subject 34 property encompasses about a third-of-an-acre, 0.34 acres, and is 35 currently zoned R-1 a, Single-Family Medium Density. 36 The applicant currently has a Home Occupation permit on the 37 property for what we call a "Family Child Care Home" allowing child care 38 services from five to six children. That operation and the new, proposed, 39 operation for up to twelve children will be open from Monday through 40 Friday from 7:00 am to 5:30 pm. The applicant has stated that child drop- 41 off and pick-up in the morning and the afternoon is staggered. Typically 42 you are looking at anywhere from three to four cars on the property at 43 once, is what she expressed in her narrative. 44 All reviewing properties of the City of Las Cruces took a look at this 45 proposed Special Use Permit and all were supportive of the Special Use 46 Permit with one exception: that being our Traffic Engineering Department, 4 1 which had concerns about the potential traffic and parking issues that the 2 Special Use Permit might bring to the area. Essentially, the Traffic 3 Engineering Department took a look at it and kind of took a worst-case 4 scenario of having twelve cars there at once and the potential effect on the 5 traffic that that would have. With that they are supportive of the group 6 child are home on the property as long as the maximum is capped at nine 7 children. Development Services staff sees the point of Traffic Engineering 8 but we feel having all twelve cars there at once would be rare, if any; and 9 we still support the actual Special Use Permit for the full twelve children. 10 That being said, the subject property also currently provides up to six off- 11 street parking spaces on the property. I have some site photos for you to 12 take look at to kind of show what the parking situation might be on the 13 property. The applicant has stated, as well, that there is one additional 14 employee that does not reside in the home that will be working with the 15 child care services. 16 With the Special Use Permit they would still have to follow all State 17 regulations when it comes to the group child care home from capacity to 18 number of people working there to facilities provided and so forth and that 19 is, again, governed by the State and the City has nothing to do with that. 20 All we really give permits for is the actual allowed use on the property. 21 Here's an aerial of the subject property, located here where my 22 cursor is, located where it says, "Subject Property;" again, off of Fairway 23 close to the intersection of Fairway and Huntington here; a relatively large 24 property in an established primarily single-family residential area. 25 Here is a site plan of the subject property showing the property 26 here with a driveway here into a garage and an ellipse driveway here 27 going from one end to the other on the property. As you can see there is 28 a pool on the property as well. The applicant has stated that pool is 29 fenced off and children will not have access to that pool while they are 30 being taken care of on the property. Here's a rough home layout of what 31 the applicant is providing; again showing that fence fencing off that pool 32 area, with a large playroom in the rear of the home and the front room 33 where the children will have cots and so forth for naps and sleeping 34 arrangements. 35 Here are the site photos kind of showing that actual Fairway, as 36 you can see, a fairly wide Local road with showing the subject property to 37 the left here where the yellow sign is, of course, showing what property we 38 are speaking about, with a front driveway here and that ellipse driveway 39 going from one end to the other. Here's a continuation of that front view of 40 the property. Seeing this is why staff is in support of the Special Use 41 Permit and recommending approval for it. 42 With that, again, staff has reviewed the request and recommends 43 approval for the proposed Special Use Permit for the group child care 44 home for up to twelve children based on the findings presented in your 45 staff report. The Planning and Zoning Commission is the final authority 5 1 when it comes to Special Use Permits. Of course, that's barring any 2 requests for an appeal to City Council 3 With that, gentlemen, your options tonight are: 1) to vote "yes" to 4 approve the request as recommended by staff for case SUP-12-02; 2) to 5 vote "yes" the request with additional conditions deemed appropriate by 6 the Commission; 3) to vote "no" to deny the request and; 4) to 7 table/postpone the proposed case and direct staff accordingly. In the back 8 of your packets you'll see we got one letter opposing the proposed Special 9 Use Permit from a concerned neighbor. Staff also did receive about three 10 phone calls from neighbors of the subject property, where we sent out 11 letters to basically try to get information on it, and two of them stated they 12 basically had no issues with the proposed use on the property. With that, 13 the applicant is here for any questions you might have for her and I stand 14 for questions, as well. 15 16 Crane: Thank you, Mr. Ochoa. Let me just outline for the public who may not 17 have been here before how we handle this kind of discussion. Mr. Ochoa's 18 made a presentation about the basics of the request and Commissioners 19 will then ask Mr. Ochoa questions, if they have any. Then we'll ask for the 20 applicant to come up and make a presentation again. Commissioners will 21 ask questions and, finally, the public will be invited to come up, identify 22 themselves and make their comments. At the end of the public comments 23 we will close discussion and the Commissioners will discuss the matter 24 and vote. Commissioners, any questions for Mr. Ochoa? 25 Commissioner Shipley. 26 27 Shipley: Mr. Ochoa, thank you very much for the presentation. It was very good, 28 very thorough. In the application I noticed that it says, "anticipated traffic 29 generation: eighteen." It says, "eighteen trips per day." There's a 30 possibility of twenty-four trips per day with twelve children if there's, you 31 know, one child per car; so I know that was looked at. I also noticed in 32 here, in your recommendation, there was nothing that made any kind of 33 recommendation regarding a condition of restricting this to nine so I am 34 assuming that staff...well, I don't like to assume anything... but, it looks 35 like staff has said that you don't see that as a problem because of the 36 staggered drop-off times? 37 38 Ochoa: Mr. Chairman, Commissioner Shipley, for the first question about the 39 proposed eighteen trips per day, I believe I'll let the applicant answer; but 40 from my conversations with her she has stated that there is the possibility 41 of having a number of children per car, you know, brothers and sisters, 42 siblings coming in one car. That's why she feels that twenty-four might not 43 be a possibility. Of course, anything's possible, as we all know. 44 And, to answer your latter question: staff sees the concerns that 45 the Traffic Engineering Department has but in just looking at the past 46 history of previous Special Use Permits of the same nature, for Group 6 1 Child Care Homes, seeing that they had no issues, had no complaints to 2 our office for those Special Use Permits up to twelve children on the 3 property. We feel that the original request for up to twelve children would 4 have no issues on the property, sir. Of course, that is a condition that the 5 Commission can make if that's something that they would like to do. 6 7 Shipley: Thank you. 8 9 Crane: Any other questions for Mr. Ochoa? All right. Thank you, Mr. Ochoa. The 10 applicant is here? Would you come up and make your presentation, 11 please? 12 13 Sainz: Good evening. My name is Deborah Sainz and I'm not sure what other 14 questions you want to ask me or you want to know. 15 16 Crane: Does any Commissioner have a question for Ms. Sainz? I have one: how 17 long have you been running the smaller sized child care center? 18 19 Sainz: I've done day care for twenty-eight years. 20 21 Crane: At that location? 22 23 Sainz: Sixteen years at this location and twelve at my previous location on 24 Garrison Road. 25 26 Crane: And now you're looking to roughly double the number of children, 27 maximum number of children you can have. Right? 28 29 Sainz: It could go to twelve but not necessarily to twelve. It's just stated six or to 30 twelve is how I have to do it. 31 32 Crane: I realize it is difficult for you to make an independent judgment of this; but 33 have you ever had a traffic jam outside your house? (laughing) 34 35 Sainz: No, sir. 36 37 Crane: All right. Thank you. Any member of the public like to address this issue? 38 Please come up and identify yourself. 39 40 Bowen: Hello. My name is Amanda Bowen. I have a little bit of experience with 41 traffic flow. I work for the University Police Department and I manage 42 traffic flow for University events on a regular occasion. My child goes to 43 Ms. Sainz's home, both of my children, for day care and I've never seen 44 more than five vehicles there at any one point. So I don't know that will 45 help you in your decision. 46 7 1 Crane: Thank you. Anybody have any questions? Commissioner Beard. 2 3 Beard: Well, that's based on the present six people, right? 4 5 Bowen: Yes, sir, but most of the children that go there have brothers and sisters. 6 They're all within a couple of different families. There's just a few of us. 7 On occasion there have been additional children there and there's never 8 been additional traffic that I've seen. With the five or so cars that have 9 been in and out, that would include the employee that is there in addition 10 to other people who are in the neighborhood that are moving around. 11 There's never been any kind of traffic jam. There've always been 12 additional spaces on the street to park. To me it appears that there would 13 be additional spaces for additional families. 14 15 Beard: What we're approving though, is a long-term condition, many years. 16 Today you might have brothers and sisters in each car. Two years from 17 now you may only have one child per car. When I was there two times I 18 saw a lot of traffic. That's a busy road. I didn't see hardly any of the cars 19 in the driveway. They were in the street. So I think that possibly twelve 20 students or kids could possibly...and I agree with the City staff...that 21 twelve might cause a congestion on that street; whereas, maybe nine 22 would be a better figure. 23 24 Bowen: That's for you to decide. It's just been my experience that it's rare for 25 there to be vehicles in the street. All I can do is just speak from my 26 experience. 27 28 Crane: Anybody else? Ms. Sainz, I have a question for you if you could come up. 29 Commissioner Beard said that he'd seen vehicles presumably engaged in 30 dropping-off and picking-up children along the curb in the street. Is your 31 circular driveway wide enough to permit some cars to park in it while 32 others drove around them? 33 34 Sainz: Yes, they can. Sometimes they have done that, been able to go around, 35 and sometimes they just pull into the straight part that heads up to the 36 garage area. And I have asked them not to park in the street whenever 37 they can keep from it because I don't think it's a good situation to be 38 getting in and out of a vehicle, you know, on the street part with a child. It 39 kind of makes it hard. So, you know, maybe somebody's done it 40 sometimes or maybe it was if a vehicle was there it could have been my 41 son coming over or, you know, my grown son who is grown and married. 42 But they drop in and out a lot and I know; maybe he just pulled there or 43 something like that. 44 45 Crane: All right. Thank you. Commissioner Beard. 46 8 1 Beard: The times when 1 saw that, of course it's only two times, there was one car 2 in this semi-circular drive. I think that's why the other car parked in the 3 street. 4 5 Sainz: Went to the street. Uh-huh. 6 7 Beard: I don't think that it's very wide; in fact, if we could go back to one of the 8 pictures where the cars are in the driveway... See this car there? I don't 9 know how you can get another car past it. 10 11 Sainz: No, it's like sometimes if they've pulled over...I don't like them to do that 12 either because they run over my sprinkler heads sometimes and have 13 broken them so, you know, I have told them that. But that's a friend of 14 mine's car. That's not even a babysitting when that's a friend of mine that 15 comes at lunch time. Sometimes she likes to hang out with me with the 16 kids and stuff. But that's my friend's car. 17 18 Beard: Well, you bring up a good issue: we're not just talking about you, yourself 19 and the day care kids that are coming. We're talking about other family 20 members, too. 21 22 Sainz: Right. 23 24 Beard: Yes. So there's actually more cars involved... 25 26 Sainz: Yes. Sometimes, like I said, my son will come by; and that van in the 27 driveway is mine. Also I have two vehicles so that I can... sometimes 28 when I transport them if we go on a field trip I take the bigger van and so it 29 just sits there most of the time. 30 31 Beard: I'm all for you but I have one thing to say: safe is number 1. I'm District 2. 32 1 want small businesses going in my district. You're District 2 so you're 33 part of what I call family. But safety's got to be number 1 and when the 34 City staff recommends nine, I kind of go with them on this particular issue. 35 Maybe my other colleagues don't. I don't know. 36 37 Sainz: Okay. 38 39 Crane: Yeah, I'm sympathetic to what Commissioner Beard is bringing up. I was 40 going to ask if you could use or if you think it's feasible to urge your clients 41 more strongly, the parents, to drop the children off in the curved driveway 42 and also to park a little better than the person in the silver car here. A 43 couple of feet more is not going to crush your sprinkler heads. That way 44 they might not feel so put off. From the neighborhood viewpoint that traffic 45 is going to be the biggest headache in people's minds. 46 9 1 Sainz: I would definitely encourage them to please not park there. Maybe, I don't 2 know...would it be better if it's someone that's come to my house 3 personally to park in the street? That they're not taking any children out? 4 Would that be a better situation or... 5 6 Crane: My view of that would be that if it's a friend or relative that it's the same 7 situation as all of us have all of the time and that's a separate issue from 8 the drop-off situation. 9 10 Sainz: Um-hmm. 11 12 Crane: You could have a party some time with ten cars and nobody's going to get 13 upset about it. They're concerned about day in, day out heavy traffic. So 14 you think you can persuade them or request them? 15 16 Sainz: I have good families. 17 18 Crane: Yeah. 19 20 Sainz: I am sure they would agree to whatever I'd asked them to do. 21 22 Crane: Any other Commissioner have questions? Commissioner Shipley? 23 24 Shipley: I just wanted to say I don't think it's a problem. What we really need to 25 look at is the drop-off times in the morning and pick-up times in the 26 evening. That's the critical time. If family or friends come over that's not 27 really the issue here. But I kind of go along with the thought that we want 28 it to be as safe as possible and when we plan we always plan for the 29 maximum, which is the worst-case scenario... 30 31 Sainz: Right. 32 33 Shipley: ...because if that happens we've planned for it, we've taken care of it. 34 Whereas, if we say, "Okay, it doesn't look like this is ever been a 35 problem;" so we say, "Go to twelve," and then all of a sudden you end up 36 with twelve and there is a traffic problem. That's kind of what we looked 37 at. So, we'll just kind of talk it over during the deliberation and see what 38 we come up with. 39 40 Sainz: Right. And they do arrive pretty staggered and leave pretty staggered. 41 Very few of them...I have teachers, you know, that come in at different 42 times or the dad is going in late so they arrive latter, you know. There's 43 really not a whole lot at one time arriving and it usually goes out pretty 44 good, you know, that way. 45 46 Shipley: Thank you. 10 1 2 Sainz: Thank you. 3 4 Crane: Thank you, Ms. Sainz. Any other member of the public wish to address 5 this issue? No? In that case we'll close the debate for discussion 6 and...Mr. Ochoa, do you have something? No? Commissioners, what 7 comments do you have? 8 9 Shipley: To start off, I would just say that I've looked at it a couple of times as well 10 and I didn't see a great number of people. You probably caught it at some 11 time that I wasn't there or maybe there was somebody else there. But we 12 have had others of this nature in other areas of the city and we've pretty 13 much gone along with that. It works itself out. I was curious about the 14 number of years and when she stated she had been in business for 15 sixteen years, I believe it was, at this location and there's never been a 16 report of any kind of violation. I think that's pretty good and says for itself 17 and I think with the proper management it can go through the way it is. 18 19 Crane: Commissioner Beard? 20 21 Beard: Thank you. Do you think that we should maybe entertain putting another 22 condition of only nine at this time? They can always come back. 23 24 Shipley: Well, I understand but I think that if the State permit says between six and 25 twelve, I think we can go with that. If there is a severe problem, obviously 26 it can always be pulled back; because the Special Use Permit, if it's 27 violating the Special Use Permit Codes can have it pulled back and we 28 can have a look at it. Let's make sure that that's the way that that would 29 work. 30 31 Crane: Yes, ma'am. 32 33 Harrison-Rogers: Chairman, Commissioners. Essentially, if Codes was to get involved, 34 1 mean, if there was a severe traffic issue we could look into it. But 35 ultimately we're regulating the use of this location and it would be up to 36 twelve children and as long as they're not violating that or any conditions 37 that are placed upon that particular permit this evening they would be in 38 compliance at least for the Special Use Permit; unless there was a 39 particular condition that addressed a traffic issue or a number of children 40 or what-have-you. 41 42 Crane: Thank you. Yes, Commissioner Beard? 43 44 Beard: You mentioned that we have approved from six to twelve on other 45 occasions but not on a road like this road. This road had traffic on it and it 46 was moving. The other ones were cul-de-sacs or very minor roads. So I 11 1 think this one is a little bit out of scope as compared to the ones we have 2 previously approved. That's something to consider. 3 4 Crane: Any other comments from the Commissioners? Commissioner Stowe. 5 6 Stowe: My comment is that the applicant already seems to be aware of the traffic 7 issue and has been dealing with that in a positive way for a while. 1 8 respect what the other Commissioners have said that a limit may be 9 something to consider but I believe we can consider that at a later time 10 rather than tonight. The six to twelve category, it seems to me, with 11 staggered arrival and pick-up times is adequate. 12 13 Crane: Thank you, Commissioner. Anyone else? I'll entertain a motion that this 14 case SUP-12-02 be approved. I'm looking to see the conditions. 15 16 Shipley: There are no conditions. 17 18 Crane: There are no conditions, right. 19 20 Shipley: So I move to approve SUP-12-02. 21 22 Crane: Commissioner Shipley moves to approve. Do I have a second? 23 24 Stowe: I second. 25 26 Crane: Commissioner Stowe seconds. I'll call the role. Commissioner Shipley. 27 28 Shipley: Aye, findings, discussion and site visit. 29 s 30 Crane: Commissioner Stowe. 31 32 Stowe: Aye, findings, discussion and site visit. 33 34 Crane: Commissioner Beard. 35 36 Beard: No. If it was nine I would say yes but if it is twelve I am going to say no 37 based on discussions and site visit. 38 39 Crane: And the Chair votes aye, findings, discussion and site visit. The motion 40 passes 3-1. Thank you. 41 42 VIII. OTHER BUSINESS — NONE 43 44 Crane: Mr. Ochoa, is there any Other Business? Anybody? Apparently not. 45 46 Ochoa: No, sir. 12 1 2 Crane: Commissioner Shipley moves to approve. Do I have a second? 3 4 Stowe: I second. 5 6 Crane: Commissioner Stowe seconds. I'll call the role. Commissioner Shipley. 7 8 Shipley: Aye, findings, discussion and site visit. 9 10 Crane: Commissioner Stowe. 11 12 Stowe: Aye, findings, discussion and site visit. 13 14 Crane: Commissioner Beard. 15 16 Beard: No. If it was nine I would say yes but if it is twelve I am going to say no 17 based on discussions and site visit. 18 19 Crane: And the Chair votes aye, findings, discussion and site visit. The motion 20 passes 3-1. Thank you. 21 22 VIII. OTHER BUSINESS — NONE 23 24 Crane: Mr. Ochoa, is there any Other Business? Anybody? Apparently not. 25 26 Ochoa: No, sir. 27 28 IX. PUBLIC PARTICIPATION 29 30 Crane: Any more public participation on an issue other than what we've 31 discussed? 32 33 X. STAFF ANNOUNCEMENTS 34 35 Crane: Staff announcements? 36 37 XI. ADJOURNMENT (6:32 PM) 38 39 Crane: In that case we are adjourned at 6:32. Thank you. 40 � ���4(l Z 41 42 Chairperson 43 10