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05-24-2011 City of Las Cruces" PEOPLE IELPIN0 PEOPLE 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, May 24, 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 —April 26, 2011 III. 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 Z2836: Application of Borderland Engineers and Surveyors, LLC on behalf of Resources for Children and Youth Inc. to rezone from C-2 (Commercial Medium Intensity) to C-3 (Commercial High Intensity) on a 0.27 ± acre tract of land located on the southwest corner of Solano Drive and Idaho Avenue; a.k.a. 1300 S. Solano Drive; Parcel ID# 02-11799; Proposed Use: Proposing to replat the subject property with the adjacent property into one (1) new lot and develop a new ice and water dispensing facility. Council District 4. IV. OLD BUSINESS - None V. NEW BUSINESS 1. Case Z2837: Application of Sonoma Ranch Subdivision Ltd. Co. to rezone a 0.25 ± acre tract (K-1) within the Sonoma Ranch East II Master Plan from R-1 b (Single-Family High Density) to C-1 C (Commercial Low Intensity-Conditional) to allow for utility-related land uses - antennas, towers, communication structures and other vertical structures and public/private utility installations. The subject property is located south of the future extension of Sedona Hills Parkway and east of Pagosa Hills Avenue; Parcel ID# 02-37615; Proposed Use: Communication Structure; Council District 6. VI. OTHER BUSINESS - None VII. PUBLIC PARTICIPATION VIII. STAFF ANNOUNCEMENTS IX. ADJOURNMENT 1 2 PLANNING AND ZONING COMMISSION 3 FOR THE 4 CITY OF LAS CRUCES 5 City Council Chambers 6 May 24, 2011 at 6:00 p.m. 7 8 BOARD MEMBERS PRESENT: 9 Godfrey Crane, Vice Chair 10 Charles Beard, Secretary 11 Ray Shipley, Member 12 William Stowe, Member 13 Shawn Evans, Member 14 15 BOARD MEMBERS ABSENT: 16 Charles Scholz, Chairman 17 Donald Bustos, Member 18 19 STAFF PRESENT: 20 Cheryl Rodriguez, Development Services Administrator 21 Adam Ochoa, Acting Senior Planner 22 Helen Revels, Acting 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 Crane: Good evening everybody; it being six o'clock, welcome to the May 24, 30 2011 meeting of the Las Cruces Planning and Zoning Commission. I'm 31 Godfrey Crane, Vice Chair; substituting for Charlie Scholz who cannot 32 be with us tonight. We start by introducing the commissioners. On my 33 far right is Commissioner Shipley who is the Mayor's representative and 34 on his left is Commissioner Stowe who represents District 1 and next to 35 him is Commissioner Evans, District 5 and Commissioner Beard, District 36 2 and I represent District 4. 37 38 11. APPROVAL OF MINUTES —April 26, 2011 39 40 Crane: Our first job is to approve the minutes, perhaps with some fixers, of our 41 last meeting which was April 26th. Does any commissioner have 42 anything to say? Yes, Commissioner Beard. 43 44 Beard: Page six, line 36; 1 believe the storage should actually be parcel. 45 1 1 Crane: Okay, "an actual storage unit facility" which is what it is and storage, 1 2 don't see quite where that goes in. 3 4 Beard: Well, I think is should be parcel two and parcel three as opposed to 5 storage two. 6 7 Crane: Oh parcel, I get it, okay; and anything else? 8 9 Beard: Yes, page eight, I don't know if these are things that we actually correct. 10 Line eight, "outdoor firing range, permanent" and then it says 'T' and 11 then "construction yard." I don't know what that t is. 12 13 Crane: You know, I think it just snuck in. Alright, should we take that out then? 14 15 Beard: Take it out and that's it. 16 17 Crane: Alright, any other commissioner? I have one also on page eight. 18 Actually it's my paragraph; lines 17 to 21, has a couple of inaudibles 19 and I've tried to figure out what I was saying. I think the first one is view 20 point; "I sympathize with the applicant's view point, with the public Miss 21 Underwood's and Mr. Moya's concerns" and then in line 19 1 think it 22 reads better if after "they realized" is a comma; "they realized, 23 adequately" and then in the last line of that paragraph 21, 1 think the 24 inaudible part is "taken care of', "I think her suspicions are taken care of 25 by that." That's all I have, anybody else? Then I'll entertain a motion that 26 the minutes of the April 26th meeting be accepted as... be approved as 27 amended. 28 29 Beard: So moved. 30 31 Crane: I think Mr. Beard moves and a second? 32 33 Evans: Second. 34 35 Crane: Commissioner Evans seconds. All in favor, aye. 36 37 Members: Aye. 38 39 Crane: All opposed same sign; passed five-nothing, are there any abstentions? 40 41 Evans: One abstention. 42 43 Crane: One abstention; four-nothing and Commissioner Evans abstains. Thank 44 you. 45 46 III. POSTPONEMENTS - None 2 1 2 Crane: Mr. Ochoa, any postponements? 3 4 Ochoa: No sir, not tonight. 5 6 Crane: Or withdrawals? 7 8 Ochoa: Nothing tonight either sir. 9 10 Crane: And so we proceed to the consent agenda. 11 12 IV. CONSENT AGENDA 13 14 1. Case Z2836: Application of Borderland Engineers and Surveyors, LLC on 15 behalf of Resources for Children and Youth Inc. to rezone from C-2 16 (Commercial Medium Intensity) to C-3 (Commercial High Intensity) on a 17 0.27 ± acre tract of land located on the southwest corner of Solano Drive 18 and Idaho Avenue; a.k.a. 1300 S. Solano Drive; Parcel ID# 02-11799; 19 Proposed Use: Proposing to replat the subject property with the adjacent 20 property into one (1) new lot and develop a new ice and water dispensing 21 facility. Council District 4. 22 23 Crane: For those that may not know, the consent agenda is voted on as one 24 package; we only have one item on it at present but if anybody in the 25 public or the staff or on the commission would like to discuss this item, 26 Case Z2836, we'll take it off the consent agenda and put it in the new 27 business. Does anybody want to remove it? No; then we will proceed. 28 Do I have a motion that the consent agenda be approved? 29 30 Evans: So moved. 31 32 Crane: Commissioner Evans moves; second? 33 34 Shipley: Second. 35 36 Crane: Commissioner Shipley seconds; all in favor, aye. 37 38 Members: Aye 39 40 Crane: Any opposed; passes five-nothing. 41 42 V. OLD BUSINESS — None 43 44 VI. NEW BUSINESS 45 3 1 1. Case Z2837: Application of Sonoma Ranch Subdivision Ltd. Co. to rezone a 2 0.25 ± acre tract (K-1) within the Sonoma Ranch East 11 Master Plan from R- 3 1b (Single-Family High Density) to C-1C (Commercial Low Intensity- 4 Conditional) to allow for utility-related land uses - antennas, towers, 5 communication structures and other vertical structures and public/private 6 utility installations. The subject property is located south of the future 7 extension of Sedona Hills Parkway and east of Pagosa Hills Avenue; Parcel 8 ID# 02-37615; Proposed Use: Communication Structure; Council District 6. 9 10 Crane: Now we proceed to our item of new business, Case Z2837 and you're 11 going to make a presentation Mr. Ochoa? Ms. Revels will make a 12 presentation. 13 14 Revels: Yes sir. Good evening; I'd like to know if you guys have any specific 15 questions or would you like to hear a full presentation? 16 17 Crane: Any commissioner wants the full presentation? Commissioner Beard. 18 19 Beard: No, but they keep talking about the antennas and towers but there's 20 nothing mentioned about the size of it. I just wanted to make sure that is 21 not part of it; we're just changing...? 22 23 Revels: Right now all we're doing is changing the zone; the zoning needs to be 24 changed to allow this use. Once the use is established then the 25 applicant will have to come forward with a special use permit and it will 26 have to come before Planning and Zoning for approval and that's where 27 we'll get all of the specifications for the antenna and what type of design 28 standards that will be put in place with that. 29 30 Beard: So the actual approval of tonight's proposal is in the future there is 31 going to be an antenna or something? 32 33 Revels: The zone change tonight will allow for the use of an antenna or 34 communication structure or a private or utility land uses. 35 (CORRECTION: Meant to say "public or private utility land use.') It 36 allows the land use but this does not in no way or form approve a 37 placement of a communication structure or tower or anything. It's just 38 the land use we are approving tonight. 39 40 Crane: Any other questions for Miss Revels? I have one; we have a couple of 41 letters as you no doubt know from people in the neighborhood. Do they 42 know, do they recognize that this is only stage one and that their 43 objections can be voiced later? 44 4 1 Revels: My letter did inform them that it was a zone change to allow the land 2 use but you know that it would have to be... there is a special use 3 permit process afterwards that has to be followed through on. 4 5 Crane: And their reaction was that they understood that? Well you just 6 reassured them? 7 8 Revels: Yes and I also notified the neighborhood association that's in this area. 9 10 Crane: Alright, thank you. Any input from the applicants? Alright, anything from 11 the commissioners? The public? Very well then we'll close to 12 discussion. In order to have a discussion we have to have a motion 1 13 believe. Do I have a motion that Case Z2837 be approved? 14 15 Evans: Mr. Chairman, I move that we approve Case Z2837. 16 17 Crane: Thank you Commissioner Evans; a second? 18 19 (Someone speaking away from microphone) 20 21 Crane: Yes, we'll have to read the conditions. 22 23 Revels: Commissioner Crane, can I interrupt and read him the condition that 24 staff recommends for approval of this zone change? Staff recommends 25 that the land use is limited to utility related land uses for antennas, 26 towers, communications structures and any other vertical structures and 27 public or private utility installations only. 28 29 Crane: Very well, now we're moving that one did you say? 30 31 Revels: This is the condition for the zone change. It's only for these items I just 32 read off. 33 34 Crane: Okay; so that's part of the motion? 35 36 Revels: This is staff's recommendation that it be approved with this condition. 37 38 Crane: So Commissioner Evans, would you amend that by saying that the... 39 with the conditions that Miss Revels has brought up and that's in the 40 recommendation? 41 42 Evans: Mr. Chairman, I move that we approve Z2837 with the following 43 recommendation: the land use is limited to utility related use for antenna 44 towers, commercial structures and other vertical structures and public, 45 private utility installation. 46 5 1 Crane: Alright, thank you. Is there a...? 2 3 (Someone speaking away from microphone) 4 5 Revels: Correct, it's communication structures. 6 7 Evans: Excuse me, yeah... 8 9 Crane: Alright, let the record show that the motion includes the word 10 communication not commercial. Is there a second for the motion? 11 12 Shipley: Second. 13 14 Crane: Alright, Commissioner Shipley seconds; any further discussion 15 gentlemen? Alright then, take a vote; Commissioner Shipley. 16 17 Shipley: Aye; findings, discussion and site visit. 18 19 Crane: Commissioner Stowe. 20 21 Stowe: Aye; findings, site visit and discussions. 22 23 Crane: Commissioner Evans. 24 25 Evans: Aye; findings, discussion. 26 27 Crane: Commissioner Beard. 28 29 Beard: Aye; findings and discussions. 30 31 Crane: And the Chair votes aye; findings, discussion and site visit. Thank you, it 32 passes five-nothing. 33 34 V11. OTHER BUSINESS - None 35 36 Crane: Miss Revels, any other business? 37 38 Rodriguez: Mr. Chairman, just to remind the Commission that in the month of June 39 you will have a work session on an update on the Vision 2040 process 40 and then we'll also have a regular meeting at the end of June. 41 42 Crane: Thank you; do you have a date for that work session? 43 44 Rodriguez: Mr. Chairman, it will be the third Tuesday of the month. 45 46 Crane: Thank you. 6 1 2 VIII. PUBLIC PARTICIPATION 3 4 IX. STAFF ANNOUNCEMENTS 5 6 X. ADJOURNMENT (6:11 pm) 7 8 Crane: Any other business? Then I declare the meeting adjourned at 6:11 9 which is probably a record. Thank you all. 10 11 12 13 14 15 Chairman 7