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04-26-2011 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, April 26, 2011 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. APPROVAL OF MINUTES — March 22, 2011 III. POSTPONEMENTS 1. Case Z2831: Application of Sandra Espiritu to rezone from R-1a (Single-Family Residential Medium Density) to O-2C (Office, Professional with Limited Retail Service - Conditional) on a 0.29 ± acre tract located on the southwest side of South Solano Drive 160± ft. south of its intersection with Milton Ave.; a.k.a. 2220 South Solano Drive; Parcel ID# 02-19890. Proposed Use: Professional Office Uses with Limited Retail Service - Conditional. Council District 2. (POSTPONED INDEFINITELY) IV. WITHDRAWALS 1. Case Z2833: Application of Jonathan Boldt, Managing Member, Mayfield Properties LLC to rezone a 1.5 ± acre lot from A-2 (Rural Agriculture) to R-2 (Multi-Dwelling-Low Density). The Zone Change Request will bring the subject property into compliance with the 2001 Zoning Code. The subject property is located at the terminus of Mayfield Road; a.k.a. address 1905 Mayfield Road; Parcel ID# 02-00381; Proposed Use: Unspecified residential use; Council District 4. 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 Z2834: Application of Rick Stoes on behalf of Goodgame Family LP & X Family LP to rezone from C-2 (Commercial Medium Intensity) to C-3 (Commercial High Intensity) on four (4) distinct parcels of land; one encompassing 4.28 +/- acres and three encompassing 1.48 +/- acres each. The four (4) parcels are located on the northwest corner of Bataan Memorial and Porter Road; Parcel ID# 02-26604, 02-26603, 02-26602 & 02-26601; Proposed Use: There is an existing gas station on parcel 1, an existing storage unit facility on parcel 4 and parcels 2 & 3 are currently undeveloped with no proposed development. Council District 5. VI. OLD BUSINESS - None VII. NEW BUSINESS 1. Recommendation to adopt Community Planning Blueprint framework. VIII. OTHER BUSINESS - None IX. PUBLIC PARTICIPATION X. STAFF ANNOUNCEMENTS XI. ADJOURNMENT i l 1 2 PLANNING AND ZONING COMMISSION 3 FOR THE 4 CITY OF LAS CRUCES 5 City Council Chambers 6 April 26, 2011 at 6:00 p.m. 7 8 BOARD MEMBERS PRESENT: 9 Charles Scholz, Chairman 10 Godfrey Crane, Vice Chair 11 Charles Beard, Secretary 12 Ray Shipley, Member 13 William Stowe, Member 14 Donald Bustos, Member 15 16 BOARD MEMBERS ABSENT: 17 Shawn Evans, Member 18 19 STAFF PRESENT: 20 David Weir, Community Development Department Director 21 Cheryl Rodriguez, Development Services Administrator 22 Adam Ochoa, Planner 23 Mark Dubbin, Fire Department 24 Jared Abrams, CLC Legal Staff 25 Lora Dunlap, Recording Secretary 26 27 I. CALL TO ORDER (6:00 pm) 28 29 Scholz: Good evening and welcome to the Planning and Zoning Commission for 30 April 26, 2011. My name is Charlie Scholz; I'm the chair of the Planning 31 and Zoning Commission. Before we begin our meeting, I want to 32 introduce the members of the commission. On my far right is 33 Commissioner Shipley; he's the Mayor's appointee. Next to him is 34 Commissioner Crane; he represents District 4. Next to him is 35 Commissioner Stowe who represents District 1. The next man over is 36 Commissioner Bustos who represents District 3, then on my immediate 37 right, Commissioner Beard representing District 2 and I represent Council 38 District 6. 39 40 II. APPROVAL OF MINUTES — March 22, 2011 41 42 Scholz: The first order of business is always the approval of the minutes. Are 43 there any additions or corrections to the minutes of March 22"a? Okay, 44 hearing none, I'll entertain a motion to approve. 45 46 Shipley: So moved to approve the minutes of March 22"a 1 1 2 Scholz: Okay, and a second. 3 4 Crane: Second it. 5 6 Scholz: Okay, Shipley moved and Crane seconded. All those in favor, say aye. 7 8 Members: Aye 9 10 Scholz: Those opposed same sign and any abstentions. 11 12 Bustos: (Raised his hand) 13 14 Scholz: Okay, one abstention; thank you. 15 16 III. POSTPONEMENTS 17 18 1. Case Z2831: Application of Sandra Espiritu to rezone from R-1a (Single- 19 Family Residential Medium Density) to 0-2C (Office, Professional with 20 Limited Retail Service - Conditional) on a 0.29 ± acre tract located on the 21 southwest side of South Solano Drive 160± ft. south of its intersection with 22 Milton Ave.; a.k.a. 2220 South Solano Drive; Parcel ID# 02-19890. 23 Proposed Use: Professional Office Uses with Limited Retail Service - 24 Conditional. Council District 2. (POSTPONED INDEFINITELY) 25 26 Scholz: Okay, our next piece of business is postponements. Now, I had a 27 question Ms. Rodriguez, about postponements. Do we have to move on 28 postponements or are they merely postponements? I'd forgotten. 29 30 Rodriguez: Mr. Chairman, if we can move on the postponements that would be 31 great. 32 33 Scholz: Okay. 34 35 Rodriguez: Especially the withdrawals too. 36 37 Scholz: Alright I'll entertain a motion to postpone Case Z2831. 38 39 Shipley: So moved. 40 41 Scholz: Is there a second? 42 43 Beard: Second. 44 45 Scholz: All those in favor say aye. 46 2 1 Members: Aye. 2 3 Scholz: Those opposed same sign; any abstentions? Okay, so Case Z2831 is 4 postponed indefinitely. 5 6 IV. WITHDRAWALS 7 8 1. Case Z2833: Application of Jonathan Boldt, Managing Member, Mayfield 9 Properties LLC to rezone a 1.5 t acre lot from A-2 (Rural Agriculture) to R-2 10 (Multi-Dwelling-Low Density). The Zone Change Request will bring the 11 subject property into compliance with the 2001 Zoning Code. The subject 12 property is located at the terminus of Mayfield Road; a.k.a. address 1905 13 Mayfield Road; Parcel ID# 02-00381; Proposed Use: Unspecified residential 14 use; Council District 4. 15 16 Scholz: Then we have a withdrawal; Case Z2833. I'll entertain a motion to 17 approve the withdrawal of Case Z2833. 18 19 Crane/Beard: So moved. 20 21 Beard: Second. 22 23 Scholz: I think there was a tie there. Okay, it's been moved and seconded; all 24 those in favor of the withdrawal, signify by saying aye. 25 26 Members: Aye. 27 28 Scholz: Thank you; those opposed same sign. And any abstentions. 29 30 V. CONSENT AGENDA 31 32 Scholz: Alright, that brings us to what is called the consent agenda, okay and 33 you'll note that those items on the consent agenda usually are voted on 34 by one motion with the acceptance of the agenda. However, if there's 35 anyone on the commission or anyone on the staff or anyone in the 36 audience who would like to have this item discussed, we'd like to hear 37 from them right now. And there's a lady in the audience who would. 38 Okay, we'll make this the first case under new business. 39 40 VI. OLD BUSINESS — None 41 42 Scholz: And there is no old business, is that right Mr. Ochoa? 43 44 Ochoa: That is correct sir. 45 46 Scholz: Well, that is encouraging; how about new business then? 3 1 2 VII. NEW BUSINESS 3 4 1. Case Z2834: Application of Rick Stoes on behalf of Goodgame Family LP & 5 JK Family LP to rezone from C-2 (Commercial Medium Intensity) to C-3 6 (Commercial High Intensity) on four (4) distinct parcels of land; one 7 encompassing 4.28 +/- acres and three encompassing 1.48 +/- acres each. 8 The four (4) parcels are located on the northwest corner of Bataan Memorial 9 and Porter Road; Parcel ID# 02-26604, 02-26603, 02-26602 & 02-26601; 10 Proposed Use: There is an existing gas station on parcel 1, an existing 11 storage unit facility on parcel 4 and parcels 2 & 3 are currently undeveloped 12 with no proposed development. Council District 5. 13 14 Scholz: Our first order of new business is going to be Case Z2834. Now, here's 15 how it works for those of you who haven't been here before. The City 16 presents their case. Then the applicant presents their case. Then we 17 open it to public discussion and after the public discusses, we close it 18 and then the Commissioners talk among themselves and vote. So, for 19 the City take it away, Mr. Ochoa. 20 21 Ochoa: Adam Ochoa, Development Services for the record. First case tonight 22 gentlemen is Case Z2834. It is a request for a zone change from C-2 23 (Commercial Medium Intensity) to C-3C (Commercial High Intensity 24 Conditional) for four existing parcels located on the northwest corner of 25 Bataan Memorial and Porter Road. Seen here on the vicinity map, it is 26 these four parcels here in the striped white and outlined in light blue. Like 27 1 said on the northwest corner of Bataan Memorial and Porter Road. 28 Porter Road being here and Bataan Memorial West being here. 29 Some case specifics tonight. Parcel one, two and three each 30 currently encompass approximately 1.48 acres each while parcel four 31 encompasses approximately 4.28 acres. Parcel one currently contains a 32 gas station and a small restaurant while parcel two and three are 33 currently undeveloped. Parcel four is also developed and contains a 34 storage unit facility. The proposed zone change to C-3C would facilitate 35 compliance with the 2001 Zoning Code as amended for all four subject 36 properties. Currently the subject properties, like I said are zoned C-2 37 (Commercial Medium Intensity) which does not allow a parcel to exceed 38 a one-acre lot size so they're capped at a one-acre maximum size. The 39 C-3 zoning would fix that problem with the four subject properties. Porter 40 Road is classified as a Principal Arterial Roadway while Bataan Memorial 41 is also classified as a Minor Arterial Roadway as designated by the 42 Metropolitan Planning Organization or MPO. The subject parcels are 43 part of the Sunrise Mesa Master Plan and are required to follow all 44 requirements of that master plan. Any future development on Parcel two 45 or three shall be required to follow all C-3 development standards 46 including having to provide the adequate amount of parking, bicycle 4 1 parking, landscaping and so on and so forth whenever they come in for 2 development. Currently parcel two does comply with landscaping 3 requirements but whenever any expansion or structural modification up 4 to 10% of the total combined gross floor area of all buildings of parcel 5 one is initiated, the entire subject property will have to come into 6 compliance with the 2001 Zoning Code to provide adequate auto and 7 bicycle parking for parcel one. Parcel four currently is in compliance for 8 parking. The storage unit facility has drive-up access to the actual 9 storage units which does not require any type of parking, any type of auto 10 or bicycle parking on the subject property so as it exists with I believe two 11 of existing auto parking spaces, it is in compliance with the 2001 Zoning 12 Code. However, when any expansion or structural modification, up to 13 10% of the total combined gross floor area for all buildings of parcel four 14 is initiated the entire subject property will have to come into compliance 15 to provide adequate buffering. That is the one thing that parcel four is 16 lacking, would be adequate buffering. That buffering would basically be a 17 minimum of a 10-foot opaque buffer to the R-2 zoned properties to the 18 north. Currently there are no proposed development plans and no 19 proposed changes to the existing conditions of the subject properties by 20 the applicant. 21 Here is an aerial of the four properties; I know it's a little more 22 difficult to see but here is the parcel one with the gas station, parcel two 23 and three which are vacant, undeveloped and parcel four, the large one 24 to the north with the storage unit facility that is fenced in. 25 Here is a site plan of the subject property, again parcels one, two, 26 three and four along Porter Road and Bataan Memorial and U.S. 27 Highway 70. 28 Staff has reviewed the zone change request and recommends 29 approval with conditions based on the preceding findings. Condition one, 30 is the subject parcel shall follow all requirements of the Sunrise Mesa 31 Subdivision Master Plan which is in place now. Condition two, is all new 32 utilities shall be placed underground. Condition three, is whenever any 33 expansion or structural modification up to 10% of the total combined 34 gross floor area of all buildings on parcel one is initiated, the entire 35 subject property will have to come into compliance with the 2001 Zoning 36 Code as amended to provide adequate auto and bicycle parking. 37 Condition four, is whenever any expansion or structural modification up 38 to 10% of the total combined gross floor area of all buildings on parcel 39 four is initiated; the entire subject property will have to come into 40 compliance with the 2001 Zoning Code as amended to provide adequate 41 buffering. 42 The recommendation tonight by the Planning and Zoning 43 Commission will be forwarded to City Council for final consideration. 44 Tonight your options gentlemen is 1) vote yes to approve the request as 45 recommended by staff for Case Z2834; 2) to vote yes to approve the 46 request with additional conditions deemed appropriate by the Board; 3) 5 1 vote no to deny the request or; 4) table and postpone and direct staff 2 accordingly. 3 The applicant is present here if you have any questions for him and 1 4 believe there are people from the public who would like to speak on 5 behalf of this as well and I stand for questions as well. 6 7 Scholz: Alright, questions for this gentleman; Commissioner Crane. 8 9 Crane: We have in front of us Mr. Ochoa, a letter from the joint owners of 10 property at 5250 Alba Road. Could you identify that property on any of 11 the maps that you have in front of you or should we wait for somebody 12 else? 13 14 Ochoa: I'm not aware where exactly that property is sir. I will leave the map up to 15 let them go ahead and point that out for you sir. 16 17 Crane: Thank you. 18 19 Scholz: Okay, I had a question too. Commissioner Shipley? No? My question 20 was what's the difference between land uses in C-2 and C-3? 21 22 Ochoa: Land uses Mr. Chairman, the differences are C-2 of course is a 23 commercial medium intensity while C-3 is commercial high intensity; C-2 24 and C-3 have a lot of compatible type of land uses allowed in those 25 zoning designations but C-3 does have some more intense land uses 26 allowed in that zoning verification which would be a mobile home sales, a 27 dance club would be allowed in C-3 and so on and so forth but when 28 dealing with these subject properties though they are required to follow 29 the Sunrise Mesa Subdivision Master Plan which actually limits the type 30 of uses on the subject properties. 31 32 Scholz: Do we have an idea what those are (inaudible)? 33 34 Ochoa: Yes sir, on parcel one it's actually called out all that's allowed is a gas 35 station and associated uses and retail uses. Parcel four is called out for 36 an actual storage unit facility which is what it is and parcel two and three 37 are limited to retail uses. 38 39 Scholz: Limited to what? 40 41 Ochoa: Retail uses. 42 43 Scholz: Retail uses; okay so we're talking about like a convenience store or 44 something like that. 45 46 Ochoa: Clothing store, correct sir. 6 1 2 Scholz: Alright, well those answered my questions; any other questions 3 gentlemen? Okay, may we hear from the applicant please? 4 5 Stoes: Hi everyone, I'm Rick Stoes with (inaudible) New Mexico representing 6 Gary Goodgame and Bernard Coffman. If you've got any questions I am 7 here just because basically the property, we did have some interest. The 8 gentlemen are looking, they're getting on in their age, they are looking to 9 possibly market this property and being that all the parcels were out of 10 compliance for all type of merchantability they could not be financed 11 because they don't carry a correct zoning for anything that they really do. 12 This zoning would also prevent if the gas station, let's say it's been on it's 13 years and another ten years or whatever it needs to go through a 14 dramatic remodel or change that would be prevented so it does keep, it 15 really does hinder some of the upkeep which, you know, it's in pretty 16 good shape now. It's not too old but in ten years a gas station with a 17 Subway wears out pretty quick. 18 The storage units were always planned to have some more storage 19 units in it and the Sunrise Mesa Master Plan does call for storage units. It 20 did have other phases but you know weren't all built at once which lights 21 up lots of projects but that would be prevented now also under the zoning 22 even though that's the only use that's permitted now. 23 The two pieces of vacant land we really don't have an exact use, we 24 did have some interest that sparked which was a very good national retail 25 use; limited hours, quiet but that turned out not to pan out but it did go 26 ahead and flag us that hey all the properties were not in compliance and 27 we're here today just to comply. 28 29 Scholz: Okay, questions for this gentleman? Remarkably silent Commission 30 tonight; okay thank you. May we hear from the public please? 31 32 Underwood: My name is Anna Underwood and my son and I co-own the property right 33 here which I believe is zoned R-2. I have a letter; it's kind of moot 34 because I didn't realize that the zoning change was required, that all this 35 property right here was out of compliance with the 2001 code; I came to 36 protest the change to C-3. I suppose if it were sold that maybe the new 37 owners might consider something else than what the present owners 38 have said which is that there are no plans to develop it so I would like to 39 read parts of this letter and you realize that I was kind of working blind 40 because there wasn't any explanation about this in the notification that 1 41 got. "Concerning the proposed code variance from C-2 to C-3 of the 42 northwest corner of Bataan Memorial Highway and Porter Road, my son 43 Lewis Andrew Moya of 5250 Alba and I Anna Moya Underwood, 1922 44 Trail End Road, co-owner of the Alba property are opposed to the 45 change. The owners are asking with their generic C-3 height for a carte 46 blanche approval of possible projects that are more intense, more visible, 7 1 noisier, larger, and employ more traffic than the use that is already in 2 their parcels; if that is limited by the Sunrise Mesa Master Plan that would 3 be wonderful news. We thought that there would be consequent lowering 4 of property values. These are some of the items on the government 5 internet list for C-3; bar and night club with dancing, bus terminal, RV 6 park, body shop with car painting, fireworks sales; I guess that could 7 come under the heading of retail, I don't know; permanent amusement 8 park, outdoor firing range, permanent construction yard. So you can see 9 without any clue as to what the owners were considering or possible 10 future owners, you know, that might give us pause in terms of our 11 property values and our own pastoral quiet way of life. So thank you for 12 clarifying this for us. 13 14 Scholz: Thank you very much. Alright, I'm going to close this to public discussion; 15 then Commissioners what is your pleasure? Commissioner Crane. 16 17 Crane: I sympathize with the applicant's view point, with the public Miss 18 Underwood's and Mr. Moya's concerns but I feel that they are as I think 19 she realizes, they realized, adequately taken care of by the limitations put 20 on this particular development, subdivision and so I think her suspicions 21 are taken care of by that and I would vote for granting the variance. 22 23 Scholz: Okay; Commissioner Shipley. 24 25 Shipley: Mr. Chairman, I move to approve Z2834 with the following conditions: the 26 subject parcels shall follow all the requirements of the Sunrise Mesa 27 Subdivision Master Plan. Number two; all new utilities shall be placed 28 underground. Three; whenever any expansion or structural modification 29 up to 10% of the total combined gross floor area of the buildings on 30 parcel one is initiated, the entire subject property will have to come into 31 compliance with the 2001 Zoning Code as amended to provide adequate 32 auto and bicycle parking. Four; whenever any expansion or structural 33 modification up to 10% of the total combined gross floor area of buildings 34 on parcel four is initiated the entire subject property will have to come 35 into compliance with the 2001 Zoning Code as amended to provide 36 adequate buffering. 37 38 Scholz: Alright, is there a second for that? 39 40 Bustos: I second. 41 42 Scholz: Okay, it's been moved by... moved and (inaudible) by Shipley, seconded 43 by Bustos. I'll call the roll; Commissioner Shipley. 44 45 Shipley: Aye; findings, discussion and site visit. 46 8 1 Scholz: Commissioner Crane. 2 3 Crane: Aye; findings and discussion. 4 5 Scholz: Commissioner Stowe: 6 7 Stowe: Aye; findings and discussion. 8 9 Scholz: Commissioner Bustos 10 11 Bustos: Aye; findings and discussion. 12 13 Scholz: Commissioner Beard: 14 15 Beard: Aye; findings and discussions. 16 17 Scholz: And the Chair votes aye for finds, discussion and site visit. Thank you 18 gentlemen; thank you very much Ms. Underwood. Okay Mr. Ochoa you'll 19 have to yield now. 20 21 2. Recommendation to adopt Community Planning Blueprint framework. 22 23 Weir: Good evening, David Weir with the Community Development 24 Department. I'm here before you tonight to discuss the Community 25 Planning Blueprint and in the latest draft we have now called it initiative. 26 This is a project if you recall that deals with some small area planning 27 throughout the community; something that would be a little more 28 responsive to the communities or issues if they pop up. Tonight the 29 request is for your recommendation of approval of the overall framework 30 so that City Council could act on that and then the Community 31 Development staff could begin to take one of these areas and develop 32 one of these plans. As you recall, you've reviewed earlier drafts of this at 33 your February and March work sessions. For tonight's meeting, staff did 34 another edit of the documents; we've taken into consideration your 35 comments that you made at both of your work sessions. We tried to 36 eliminate some redundancies to make the document, the framework flow 37 a little more; be a little more intuitive yet still explain what the City's trying 38 to accomplish with this initiative. And I believe that was handed out with 39 your packets, was a mock-up of a neighborhood of what one of these 40 plans would actually look like. As you see there's kind of introductory 41 type of materials on the front. As you open it you would actually see what 42 is outlined in the framework, kind of the boundaries of the plan, what are 43 issues or challenges or opportunities, that why there was a decision to do 44 a blueprint for this particular area and then what were policy statements 45 to address those and specific actions in areas that could take place. The 46 third page demonstrates how mapping could take place and then on the 9 1 back of it would be acknowledgements. It if were a little more in depth 2 there you could put another 8-Yx 11 in the center of this and you would 3 have another two pages that could explain what was going on. 4 As far as this evening your options are pretty much the same as your 5 other cases. You can recommend approval of the document as 6 submitted, you could approve with suggested changes this evening or 7 you could deny it and send us back to the drawing board or you could 8 table it and say we want to consider this for further review by the 9 Planning and Zoning Commission or other bodies that you saw fit in that 10 case. With that I'll stand for questions and any other information I can 11 provide you. 12 13 Scholz: I was a little confused by the Community Planning Blueprint; I was 14 wondering where Sullivan Hills was and then I realized that was a mock- 15 up and, you know I'm going "Oh, okay, did I miss a subdivision 16 somewhere?" 17 18 Crane: It's a virtual subdivision Mr. Chairman. 19 20 Scholz: A mythical subdivision, right. Questions for this gentleman or comments 21 about the plan? Commissioner Stowe. 22 23 Stowe: Mr. Weir good evening. How is the blueprint different from the other 24 protocols? 25 26 Weir: There were a couple of initiatives that I guess or steps that we wanted to 27 address with this. One is we wanted to be more timely; we had hoped 28 that the areas would be a little bit smaller. There might be two or three 29 specific issues that need to be addressed and so that we could get in, the 30 city could go out and gauge the community that's affected by the area, 31 get their concerns, not do a full plan. One of the issues that we have is 32 when we do a neighborhood plan it usually takes a minimum of two years 33 to get that type of plan in place and in some neighborhoods they've taken 34 up to ten. So this is something where we thought if there's an issue that's 35 really pressing we could try to address it quickly; engage the property 36 owners, residents, business owners in an area and distill those 37 comments quickly. Another thing that we wanted to address is we 38 received the, the city received an E.P.A. Smart Growth grant and they're 39 doing a study area on the EI Paseo Corridor and one of the big things 40 that they want to do is look at ways that the public could be engaged and 41 more active in planning for the community and so we wanted to see what 42 we could do for the next step, where we could take lessons learned from 43 that, the methods to engage the public and how we could turn it around 44 in a tangible product and so this is one way that we could implement 45 what we've learned in the tool kit that's to come out of that E.P.A. Smart 46 Growth grant. And in fact one of the suggestions was that maybe one of 10 1 the first blueprints would be EI Paseo because we have had engagement 2 with the public. We have a good idea of the issues or what needs to be 3 addressed and we could turn one of these around rather quickly and then 4 hopefully we could get good kudos from the U.S. E.P.A. on having done 5 that. And then I think the third thing that staff wanted is they wanted to 6 be... to something where they could tell the public we have this process if 7 you give us some boundaries, give us some input, it's not going to take 8 us two years. I guess kind of back to the first one but we can kind of get 9 in and address that right away. We've had one neighborhood that backs 10 up to a commercial area on one of the Major Arterials and they've 11 expressed concern about how that developed. That would be a perfect 12 area that we could do one of these blueprints; we could look at what a 13 range of uses are, what type of transition or buffering from that 14 neighborhood being necessary. What type of improvements could be 15 made to the street network, what kind of connectivity to the neighborhood 16 could be taken place and it's something where we wouldn't have to do a 17 large, large area. We could focus in on that area and hopefully turn 18 something around rather quickly. I think for you, it might be something 19 interesting that you would like to see as opposed to the zone changes 20 and the subdivisions. It's a plan where you would have the public and 21 hopefully they would be engaged in that and again, it could be something 22 that would be looked at almost like a master plan that you see with a 23 subdivision but instead it's where you actually do planning. You do the 24 planning part and just not the zoning part of your duties as 25 commissioners. 26 27 Stowe: Smaller scale, quicker turnaround, but it wouldn't apply to all 28 neighborhood plans. 29 30 Weir: No, we would still have the ability to do a larger neighborhood, in fact 31 maybe there would be a blueprint for a specific part and it might identify 32 that we need to expand this and do a full-blown neighborhood plan and 33 from that a zoning overlay similar to the University District or the 34 Mesquite area or Alameda Depot; those are the big three where we've 35 done the plans and the overlay zone. It could potentially be that initial 36 step of that also. 37 38 Stowe: Thank you. 39 40 Scholz: Other questions; Commissioner Crane. 41 42 Crane: Mr. Weir, on page six, the paragraph under prioritization; several 43 locations throughout the community have already been identified as right 44 for a community planning blueprint. By whom have they been identified 45 and in the larger context, who do you anticipate would originate planning 46 blueprints? 11 1 2 Weir: Commissioner Crane, in response to who identified those, those are 3 primarily areas that we as staff, the Community Development 4 Department has heard repeatedly that there's desire for some type of 5 planning activity. Also a lot of times we get feedback from the City 6 Council as to areas that they would like too so we pretty much put a 7 laundry list in there. When this project was first started what we 8 anticipated was, or what we hoped for was that there might be some 9 direction the Planning and Zoning Commissioners could provide, as 10 where was an area that they felt was most appropriate to start with and 11 then obviously City Council would be the ultimate decision maker on a 12 work program to go forward. As things go on we anticipate potentially 13 putting this on as an agenda item for City Council saying, or excuse me, 14 Planning and Zoning Commission throughout the year. We either had the 15 neighborhood approach us, we had a City Councillor approach us, 16 provide you a list like you see on the last page of your packet this 17 evening and ask you if you would prioritize those. I know its wide ranging 18 but if you recommended the framework tonight we could still do that. We 19 could take that last page and bring that back as a discussion item and 20 ask you to put some prioritization as to what you thought was most 21 appropriate and what you have encountered with the case load that 22 you've seen here at the Planning and Zoning Commission meeting. 23 24 Crane: Will there be a mechanism for neighborhood groups, members of the 25 public, individuals perhaps to initiate such a plan? 26 27 Weir: Mr. Chairman, Commissioner Crane in the document we did add what we 28 anticipated on a staff level was coming up with a form that could be filled 29 out by a neighborhood and saying you know this is what we feel needs to 30 be addressed, what issues that we face, then we would keep those and 31 at that periodic interval bring them back to the Commission to consider 32 putting on the list. 33 34 Crane: Thank you. 35 36 Scholz: Any other questions or comments for this gentleman? Commissioner 37 Shipley. 38 39 Shipley: Mr. Weir, just one question. I noticed that it said that if the citizens or 40 neighborhood came in, there would be a fee for them but there are no 41 fees for the other parties, is that correct? 42 43 Weir: Mr. Chairman and Commissioner Shipley I believe that we don't currently 44 have a fee for this so that would have to again go through the fee 45 process if there was one to be applied to that. In the interim we could 46 accept those without a fee. It's something that could be considered down 12 1 the road depending on the budgetary constraints we have and if there 2 was... or if we got just too many of these applications, I guess is what 3 you would call them, submitted that might be one way of seeing if they're 4 really serious to go forward but we have nothing on the books right now 5 that would charge any fee for that so the starting point would be to come 6 up with a form and then solicit those or as they come tell people if you 7 want to address this, fill this out and we'll put it in a prioritization list. 8 9 Shipley: It would seem that if there was a problem, I mean that's what the issues 10 are, there's problem traffic or other things, it would seem that they would 11 be able to go to their Councillor and have the Councillor force-feed it 12 downward as opposed to paying for it so I kind of question why we would 13 even think about putting a fee there if we're trying to do something that's 14 small scale. It might be a little more responsive because it's probably 15 going to come down from the top, not up from the bottom. 16 17 Weir: If you would like, we can strike that language tonight when you make a 18 recommendation for action if you'd like us to remove that language. 1 19 think that if it did come to a point where the fee was needed it wouldn't 20 necessarily have to be in this framework, it could be discussed later. 21 22 Shipley: I think it would be a good idea for now. 23 24 Weir: Okay. 25 26 Scholz: Alright, anyone else? Okay, I'm going to entertain a motion to approve 27 the Community Planning Blueprint Initiative. 28 29 Stowe: So moved. 30 31 Scholz: Okay, Stowe moved; is there a second? 32 33 Beard: Second. 34 35 Scholz: And Beard seconds, alright; Commissioner Shipley. 36 37 Shipley: I think we need one, you know one change or condition that the fee 38 structure be removed for the individual party or neighborhood as it's 39 stated. 40 41 Scholz: Okay, do you want to do that as an amendment? 42 43 Crane: It will need the amendment first, right? 44 45 Scholz: Yes, we'll need the amendment first. Okay, so Mr. Shipley would you 46 amend this? 13 1 2 Weir: Mr. Chairman, if I might make a suggestion. I would just suggest that you 3 remove "and fee" from it. The text actually reads "the new areas may be 4 suggested by residents or stakeholders through the completion of an 5 application form". 6 7 Scholz: I'm sorry, I've lost the page. 8 9 Weir: Page six under the prioritization section; I believe it's the third sentence 10 and then with the discussion of the application. I think if we take out "and 11 fee" that that would be sufficient. 12 13 Scholz: Alright, does that meet with your approval Ms. Rodriguez? 14 15 Unidentified: That's fine. 16 17 Scholz: Or should we make an amendment to that effect? We should make an 18 amendment; okay. 19 20 Shipley: So I would move that we amend the Community Planning Blue Print 21 Initiative to strike the two words "and fee" on page six; prioritization, 1 22 believe it's line four isn't it? 23 24 Scholz: Five, actually. 25 26 Shipley: Line five. 27 28 Scholz: Okay, is there a second to that amendment? 29 30 Beard/Crane: Second. 31 32 Scholz: Okay, it was a tie between Crane and Beard; alright. Okay, we'll vote on 33 the amendment first; all those in favor say aye. 34 35 Members: Aye. 36 37 Scholz: Those opposed same sign. Okay, it carries so we will now have the 38 Community Planning Blueprint Initiative as amended. 39 40 Shipley: It's already on the floor, I think. 41 42 Scholz: It's already on the floor, yes it is. There was a motion and, excuse me, it 43 was moved and seconded. Okay, all those in favor of approving the 44 Community Planning Blueprint Initiative, as amended. 45 46 Members: Aye. 14 1 2 Scholz: And those opposed same sign. Alright, it passes. 3 4 Weir: Thank you. 5 6 Scholz: Thank you. 7 8 VIII. OTHER BUSINESS 9 10 Scholz: Okay, is there any other business? I have one question for Ms. 11 Rodriguez or perhaps Mr. Ochoa. The lady who brought in the... who 12 sent us this note obviously gave it to us today, right? Okay, so you didn't 13 have a chance to talk to her at all? It seems to me if we had talked to her 14 or if we had had a chance to talk to her, then she probably wouldn't have 15 brought up these issues, right? You know, if she had known for instance 16 that it was necessary to do this particular zone change, you know, to 17 bring the land into compliance and the fact that parcel four was part of 18 this master plan... 19 20 Ochoa: Mr. Chairman, we do send out the public notice letters to the surrounding 21 neighbors, I believe that is what she was referring to. The information of 22 the planner that is in charge of that case is on there; not only our email 23 address and our phone number but our mailing address so the public 24 does have essentially every right to give us a call. It even says on there if 25 you have any questions concerning this case, please don't hesitate to 26 give us a call, email us, fax us, whatever they'd like to do so definitely 27 had the opportunity available to them. 28 29 Scholz: Okay, so she simply didn't bring it up soon enough. Alright, good, that 30 was my only concern. 31 32 Crane: Mr. Chairman. 33 34 Scholz: Yes. Commissioner Crane. 35 36 Crane: How much notice is given to the public? 37 38 Scholz: Is it 15 days? 39 40 Ochoa: Yes sir it's about two weeks, correct. 41 42 Crane: Thank you. 43 44 Scholz: Okay, any other business gentlemen; any other concerns? 45 46 IX. PUBLIC PARTICIPATION — None 15 1 2 X. STAFF ANNOUNCEMENTS 3 4 Scholz: Ms. Rodriguez is going to give us an announcement. 5 6 Rodriguez: Mr. Chairman, just two items. As you all might be aware, the City of Las 7 Cruces unveiled their new website; it has changed dramatically from our 8 old website. The Development Services section is basically still under 9 construction; I know there are some concerns... 10 11 Scholz: I notice that. 12 13 Rodriguez:There are some concerns about where would we find the Planning and 14 Zoning Commission information. 15 16 Scholz: It's invisible right now. 17 18 Rodriguez:Yes, it is so I just wanted to let you all know that we recognize that and 19 that is a work in progress so as soon as we're able to get the resources 20 we'll be modifying our website so there is actually something on there 21 that refers to the Planning and Zoning Commission as our previous 22 website did. 23 24 Scholz: Yes, and as a matter of fact I was told, and I don't know if the other 25 gentlemen know this, that we might actually have picture of the members 26 of the Planning and Zoning Commission there. 27 28 Rodriguez:That is possible one day, yes. 29 30 Scholz: Wouldn't that be fun? 31 32 Crane: And I hope our home addresses and phone numbers. 33 34 Scholz: Well, I don't know if we want to go that far but I think pictures would be 35 nice, you know, so and perhaps we could be on Facebook as well; 36 people could "friend" us. 37 38 Rodriguez: Mr. Chairman, the second announcement, also and I hope that each of 39 you have received it, if not we'll get it to you immediately tomorrow, but 40 Development Services has unveiled a newsletter called "Development 41 Quarterly". It will be released each quarter and the first issue went out 42 this past Friday and it has a little blurb in there about the Planning and 43 Zoning Commission and everything but basically that's going to be our 44 way of letting the community know about development projects that are 45 underway, how many applications we've received and just tidbits of 46 information. Our latest issue talked about nonconforming uses so we'll be 16 1 putting that information in there and basically educating the public about 2 what we do and how we can help and just keeping them informed. 3 4 Scholz: I think it's an excellent idea. 5 6 Rodriguez: So if you know anybody who would like to receive our newsletter, just 7 email us and let us know and we'll add them to our mailing list. 8 9 Scholz: Great. 10 11 Rodriguez: Thank you. 12 13 Scholz: Okay, any other business? Commissioner Crane? 14 15 Crane: Are we on the mailing list automatically? 16 17 Rodriguez: Mr. Chairman, Commissioner Crane; yes you are. 18 19 Crane: Thank you. 20 21 XI. ADJOURNMENT (6:38 pm) 22 23 Scholz: Alright, well if there's no further business before us I would say we are 24 adjourned at; oh it looks like 6:38. 25 26 27 28 1 29 , 30 Chairman n x !-,t 2tj l 17