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06-28-2011 City of Las Cruces PEOPLE NELPING 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, June 28, 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 — May 24, 2011 III. POSTPONEMENTS — INDEFINITELY 1. Case Z2814: Application of Underwood Engineering on behalf of Eddie Binns for multiple zone changes for 120.535 + acres located generally east of Roadrunner Parkway, north and south of Settlers Pass; a.k.a. Rancho Del Rey master planned area.; Parcel ID# 02-38952; Proposed Use: single-family/multi-family residential and commercial; Council District 5. Proposed zone changes include: • Tract A, 0.229 ± acres, from R-1a (Single-Family Medium Density) to R-3 (Multi- Dwelling Medium Density); • Tract B, 1.002 + acres, from R-3 (Multi-Dwelling Medium Density) to R-1a (Single-Family Medium Density); • Tract C, 1.006 ± acres, from C-1 (Commercial Low Intensity) to R-3 (Multi- Dwelling Medium Density); • Tract D, 1.277 + acres, from C-1 (Commercial Low Intensity) to R-1a (Single- Family Medium Density); • Tract E, 4.797 ± acres, from A-2 (Rural Agricultural) to R-1 a (Single-Family Medium Density); • Tract F, 8.669 + acres, from A-2 (Rural Agricultural) to OS-R (Open Space- Recreation)/FC (Flood Control); • Tract G, 12.029 ± acres, from A-2 (Rural Agricultural) to FC (Flood Control); • Tract K, 7.487 ± acres, from A-2 (Rural Agricultural) to C-1 (Commercial Low Intensity); • Tract L, 21.488 ± acres, from A-2 (Rural Agricultural) to R-3 (Multi-Dwelling Medium Density); • Tract M, 2.980 ± acres, from A-2 (Rural Agricultural) to R-3 (Multi-Dwelling 1 2 Scholz: Okay, it's been moved. Is there a second? 3 4 Beard and Stowe: So moved. 5 6 Scholz: Okay, there was a tie for second there. It's been moved and 7 seconded. All those in favor signify by saying aye. 8 9 Crane, Beard, Shipley and Stowe: Aye 10 11 Scholz: Those opposed same sign and there'll be two abstentions: yes, 12 Bustos and Scholz. 13 14 III. POSTPONEMENTS — INDEFINITELY 15 16 1. Case Z2814: Application of Underwood Engineering on behalf of Eddie 17 Binns for multiple zone changes for 120.535 + acres located generally east 18 of Roadrunner Parkway, north and south of Settlers Pass; a.k.a. Rancho 19 Del Rey master planned area.; Parcel ID# 02-38952; Proposed Use: single- 20 family/multi-family residential and commercial; Council District 5. Proposed 21 zone changes include: 22 23 • Tract A, 0.229 ± acres, from R-1a (Single-Family Medium Density) to 24 R-3 (Multi-Dwelling Medium Density); 25 • Tract B, 1.002 + acres, from R-3 (Multi-Dwelling Medium Density) to 26 R-1a (Single-Family Medium Density); 27 • Tract C, 1.006 + acres, from C-1 (Commercial Low Intensity) to R-3 28 (Multi-Dwelling Medium Density); 29 • Tract D, 1.277 ± acres, from C-1 (Commercial Low Intensity) to R-1a 30 (Single-Family Medium Density); 31 • Tract E, 4.797 + acres, from A-2 (Rural Agricultural) to R-1 a (Single- 32 Family Medium Density); 33 • Tract F, 8.669 + acres, from A-2 (Rural Agricultural) to OS-R (Open 34 Space-Recreation)/FC (Flood Control); 35 • Tract G, 12.029 ± acres, from A-2 (Rural Agricultural) to FC (Flood 36 Control); 37 • Tract K, 7.487 + acres, from A-2 (Rural Agricultural) to C-1 38 (Commercial Low Intensity); 39 • Tract L, 21.488 + acres, from A-2 (Rural Agricultural) to R-3 (Multi- 40 Dwelling Medium Density); 41 • Tract M, 2.980 + acres, from A-2 (Rural Agricultural) to R-3 (Multi- 42 Dwelling Medium Density); 43 • Tract N, 51.711 + acres, from A-2 (Rural Agricultural) to R-3 (Multi- 44 Dwelling Medium Density); and 45 • Tract Q, 0.054 ± acres R-3 (Multi-Dwelling Medium Density) to C-1 46 (Commercial Low Intensity) 2 Medium Density); • Tract N, 51.711 ± acres, from A-2 (Rural Agricultural) to R-3 (Multi-Dwelling Medium Density); and • Tract Q, 0.054 ± acres R-3 (Multi-Dwelling Medium Density) to C-1 (Commercial Low Intensity) • Tract R, 7.806 ± acres, from A-1 (Flood Control) to R-3 (Multi-Dwelling Medium Density) 2. Case S-09-053: Application of Underwood Engineering on behalf of Eddie Binns for a major amendment to the Rancho Del Rey Master Plan for 279.438 + acres. The master plan amendment involves 23 planning parcels and proposes a dwelling unit range of 2,977 to 3,214 dwelling units. The amendment proposes to adjust existing planning parcel boundaries to be in concert with proposed zone changes. The property is located generally east of Roadrunner Parkway, north and south of Settlers Pass; a.k.a. Rancho Del Rey master planned area.; Parcel ID# 02-38952 and 02-07938; Proposed Use: Single-family/multi-family residential, commercial and industrial; Council District 5. IV. 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 Z2938: Application of Mario Manriquez on behalf of A&E Enterprises Inc. to rezone from C-2 (Commercial Medium Intensity) to C-3 (Commercial High Intensity) on a 1.55 ± acre tract located on the southwest corner of Stern Drive and Agave Drive; a.k.a. 4790 Stern Drive; Parcel ID# 02-22899. Proposed Use: Existing Gas Station, Storage Unit Facility and Self-Service Car Wash; Council District 2. 2. Case S-11-018: Application of Ken Thurston for a dedication plat for 290 ± linear foot segment of Sonoma Ranch Boulevard. The subject property is located north of the intersection of Las Colinas Drive and south of the southern property boundary of Monte Sombra Estates Subdivision. Proposed Use: Public Right-of-Way; Council District 5. V. OLD BUSINESS - None VI. NEW BUSINESS 1. Case Z2831: Application of Kirk M. Clifton on behalf of Sandra Espiritu to rezone from R-1a (Single-Family Residential Medium Density) to 0-1 (Office, Neighborhood-Limited Retail Service) on a 0.30 ± acre tract located on the west side of Solano Drive 160±feet south of its intersection with Milton Avenue; a.k.a. 2220 South Solano Drive; Parcel ID# 02-19890. Proposed Use: Neighborhood Office Uses with Limited Retail Service. Council District 2. VII. OTHER BUSINESS - None VIII. PUBLIC PARTICIPATION IX. STAFF ANNOUNCEMENTS X. ADJOURNMENT 1 2 PLANNING AND ZONING COMMISSION 3 FOR THE 4 CITY OF LAS CRUCES 5 City Council Chambers 6 June 28, 2011 at 6:00 p.m. 7 8 BOARD MEMBERS PRESENT: 9 Charles Scholz, Chair 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 Cheryl Rodriguez, Development Services Administrator 21 Adam Ochoa, Acting Senior Planner 22 Lorenzo Vigil, Acting Assistant Planner 23 Billy Chaires, Fire Department 24 Jared Abrams, CLC Legal Staff 25 Bonnie Ennis, Recording Secretary 26 27 1. CALL TO ORDER (6:00 pm) 28 29 Scholz: Good evening and welcome to the Planning and Zoning Commission 30 for Tuesday, June 28, 2011. My name is Charlie Scholz. I'm the Chair 31 of the Commission. I want to introduce my other Commission 32 members. On my far right is Commissioner Shipley. He's the Mayor's 33 appointment. Next to him is Commissioner Crane. He represents 34 District 4. Next to him is Commissioner Stowe, representing District 1. 35 Next to him is Commissioner Bustos, District 3. On my immediate right 36 is the Secretary of the Board. I forgot to mention; Commissioner 37 Crane is our Vice Chair. Charles Beard is our Secretary and he 38 represents District 2 and I am the appointee for Council District 6. 39 40 11. APPROVAL OF MINUTES — May 24, 2011 41 42 Scholz: Okay, the first order of business is always the approval of the minutes. 43 Are there any additions or corrections to the minutes? I wasn't here 44 that time so you guys will have to work on that. Commissioner 45 Shipley? No? Okay. Anyone? 46 47 Shipley: I so move to approve the minutes. 1 1 Tract R, 7.806 ± acres, from A-1 (Flood Control) to R-3 (Multi- 2 Dwelling Medium Density) 3 4 Scholz: All right, our next order of business is a postponement and it says 5 "indefinitely." I wonder about that. Are you going to handle this, Mr. 6 Ochoa, or should we just move to...? Yes, we'll simply move to 7 postpone. Do I hear a motion to postpone? These are Case Z2814 8 and S-09-053. 9 10 Shipley: I so move to approve those cases. 11 12 Scholz: I'm sorry, you move to postpone. 13 14 Shipley: Indefinitely, yes. 15 16 Scholz: Yes, okay. Is there a second? 17 18 Stowe: Second. 19 20 Scholz: Okay, Stowe seconds. All those in favor of postponing say aye. 21 22 All: Aye. 23 24 Scholz: Those opposed same sign. Okay, the motion carries so those are 25 postponed. 26 27 2. Case S-09-053: Application of Underwood Engineering on behalf of Eddie 28 Binns for a major amendment to the Rancho Del Rey Master Plan for 29 279.438 ± acres. The master plan amendment involves 23 planning parcels 30 and proposes a dwelling unit range of 2,977 to 3,214 dwelling units. The 31 amendment proposes to adjust existing planning parcel boundaries to be in 32 concert with proposed zone changes. The property is located generally east 33 of Roadrunner Parkway, north and south of Settlers Pass; a.k.a. Rancho 34 Del Rey master planned area.; Parcel ID# 02-38952 and 02-07938; 35 Proposed Use: Single-family/multi-family residential, commercial and 36 industrial; Council District 5. 37 38 IV. CONSENT AGENDA 39 40 Those items on the consent agenda will be voted by one motion with the 41 acceptance of the agenda. Any Planning and Zoning Commissioner, Staff or 42 member of the public may remove an item from the consent agenda for 43 discussion by the commission. 44 45 1. Case Z2938: Application of Mario Manriquez on behalf of A&E Enterprises 46 Inc. to rezone from C-2 (Commercial Medium Intensity) to C-3 (Commercial 3 1 High Intensity) on a 1.55 ± acre tract located on the southwest corner of 2 Stern Drive and Agave Drive; a.k.a. 4790 Stern Drive; Parcel ID# 02-22899. 3 Proposed Use: Existing Gas Station, Storage Unit Facility and Self-Service 4 Car Wash; Council District 2. 5 6 2. Case S-11-018: Application of Ken Thurston for a dedication plat for 290 ± 7 linear foot segment of Sonoma Ranch Boulevard. The subject property is 8 located north of the intersection of Las Colinas Drive and south of the 9 southern property boundary of Monte Sombra Estates Subdivision. 10 Proposed Use: Public Right-of-Way; Council District 5. 11 12 Scholz: Okay, our next order of business is the consent agenda and here's 13 how the consent agenda works. There are a couple of items on the 14 consent agenda, Case Z2938 and Case S-11-018 and what we do is 15 we ask if there's anyone on the staff or anyone on the Commission or 16 anyone in the audience who would like to speak to these items. If 17 there is then we'll put them as the first items under new business. If 18 not, then we'll take a single vote and that will approve these items. 19 Anyone wish to Case Z2938 or Case S-11-018? All right, then I'll ask 20 for a motion to approve the consent agenda. 21 22 Shipley: I so move to approve the consent agenda. 23 24 Scholz: Okay, Shipley moves. Is there a second? 25 26 Beard and Crane: Second. 27 28 Scholz: Okay; and a tie for second, again. All those in favor say aye. 29 30 All: Aye. 31 32 Scholz: Those opposed same sign. All right, the consent agenda is approved. 33 34 V. OLD BUSINESS - None 35 36 VI. NEW BUSINESS 37 38 1. Case Z2831: Application of Kirk M. Clifton on behalf of Sandra Espiritu to 39 rezone from R-1a (Single-Family Residential Medium Density) to 0-1 40 (Office, Neighborhood-Limited Retail Service) on a 0.30 ± acre tract located 41 on the west side of Solano Drive 160± feet south of its intersection with 42 Milton Avenue; a.k.a. 2220 South Solano Drive; Parcel ID# 02-19890. 43 Proposed Use: Neighborhood Office Uses with Limited Retail Service. 44 Council District 2. 45 4 1 Scholz: Now we have, let's see, no old business but we have one piece of 2 new business, all right, and this is Case Z2831. Now, here's how this 3 works if you haven't been here before. The City presents a case then 4 the applicant presents his or her case and then we open it to public 5 comment and then, when we close it to public comment the 6 Commissioners discuss and vote on it. All right? Mr. Ochoa, you're up. 7 8 Ochoa: Adam Ochoa, Development Services, for the record. The first and last 9 case tonight, gentlemen, is Case Z2831. It is a request for a zone 10 change from R-1 a, which Single-Family Medium Density, to 0-1, which 11 is Office, Neighborhood-Limited Retail Service, for approximately point- 12 three acres of property located at 2220 South Solano Drive. 13 Here you can see the vicinity map of the subject property, and, 14 as I said it is on South Solano Road, which is a Minor Arterial, and is 15 highlighted here in the, I guess, light blue stripes is the subject 16 property. Like I said, the subject property is located on the west side of 17 Solano Drive approximately one block north of the University District 18 Overlay so you can get a better idea where this is at. This property 19 does encompass approximately point-three acre in size and is 20 currently, primarily, consists of a single-family home. 21 The applicant is proposing a zone change for the subject 22 property for an 0-1 zoning designation. The applicant is proposing to 23 convert the single-family structure on the subject property to facilitate 24 the use of an unspecified 0-1 use on the subject property. There are 25 no specific development plans for the subject property. With approval 26 of the zone change the structure will no longer be allowed to be used 27 as a single-family residence. For the subject property, if the zone 28 change is approved all of the 0-1 Zoning District Development 29 Standards set forth by the 2001 Zoning Code, as amended, will be 30 required to be followed. 31 The subject property is located on Solano Drive, which is a 32 Minor Arterial, as designated by the Metropolitan Planning 33 Organization. Here is an aerial view of the subject property highlighted 34 again in the light blue stripes. As I said, it is an existing single-family 35 home on Solano about a block north of Monte Vista Avenue. Here is a 36 site plan of the existing property as it exists with the single-family 37 dwelling. Here is an improvement plan proposed by the applicant as to 38 what the subject property might look like after an office use is 39 developed on the property. 40 Here are some findings. The proposed change is supported by 41 the 1999 Comprehensive Plan and the proposed 0-1 zoning 42 designation will allow office uses that are low-intensity and small-scale 43 that will not negatively impact the surrounding area. The subject 44 property is located only one block north of the University District 45 Overlay-Transition Zone where we make sure building types and land 46 uses such as this are encouraged. With that, staffs recommendation 5 1 tonight for the zone change is approval without conditions based on 2 the proceeding findings. The recommendation of the Planning and 3 Zoning Commission tonight will be forwarded to City Council for final 4 consideration. 5 With that, gentlemen, your options tonight are to: 1) vote "YES" 6 to approve the request as recommend by staff for Case Z2831; 2) to 7 vote "YES" and approve the request with additional conditions; 3) to 8 vote "NO" and deny the request ; or, 4) table and postpone and direct 9 staff accordingly. That concludes my presentation. The applicant is 10 here as well with a presentation for you all. I stand for questions. 11 12 Scholz: All right, thank you, Mr. Ochoa. Any questions for this gentleman? 13 Okay, let's hear from the applicant. 14 15 Ochoa: I'm sorry, sir. If I may interrupt, I apologize. I did want to also read into 16 record we did receive one letter of protest for this proposed zone 17 change and I would like to read that into the record right now. 18 19 Scholz: Okay. 20 21 Ochoa: This is on behalf of William and Mickey Sallee: "We object to the 22 change in zoning request. This area needs to remain residential and 23 there is no good reason to change that. The owner of the property 24 does not reside in the area and must have a financial reason for 25 requesting the change. She obviously is not concerned about being 26 affected on any level by the increased traffic and the decrease in 27 residential property values if the zone change becomes valid. Las 28 Cruces has many, many office spaces available at this point in time so 29 there's no reason to create more and especially in an area that has 30 always been residential and, therefore, not very attractive for office 31 space anyway. Again, we wish to register our disapproval and 32 disagreement with the zone change. Thank you, again, for your 33 consideration. Sincerely, Mickey Sallee and William Sallee." 34 35 Scholz: Okay, thank you, Mr. Ochoa. All right, may we hear from the 36 applicant? Mr. Clifton, what happened to your arm? 37 38 Clifton: An accident on a motorcycle. 39 40 Scholz: Oh, I've done that. Okay. 41 42 Clifton: Good evening, Mr. Chair, Members of the Commission, Mr. Ochoa did 43 a good job so I'll try not to regurgitate too much of what he had already 44 presented. What I would like to point out, though, on the area zoning 45 map you can really see the area, the nature of the area, has a 46 multitude of land uses and zoning districts already and it is within it is 6 1 within, about, less than a quarter-of-a-mile from NMSU. Specifically, 2 the property is at 2220 South Solano, approximately one-third acre in 3 size. Its structure is about fifteen hundred square feet and, as you can 4 see, and I'll demonstrate another site plan, we can clearly 5 accommodate all the necessary parking, landscaping and drainage as 6 required by the Las Cruces Zoning Ordinance and the Off-Street 7 Parking Requirements and that would apply to all the uses within the 8 0-1 Zoning District. 9 There had been extensive meetings with staff. This was 10 submitted some time back and through these meetings and 11 discussions we, in conjunction with staff, agreed that 0-1 was probably 12 the most reasonable zone change request and the least intense of the 13 selections available. The proposed zoning district 0-1 is conducive to 14 the Goals and Objectives of the City of Las Cruces Comprehensive 15 Plan and, at this time, there are no conditions that we are proposing, 16 nor staff or otherwise for this zone change proposal. 17 1 would also like to point out that there are multimodal 18 transportation facilities adjacent to this proposal, meaning a bicycle 19 path and a bus. There's a bus stop in relatively close proximity as this 20 is a Major Transit Route. A little closer site aerial; as you can see, the 21 property does have adequate space to accommodate everything. 22 There is alley access that will not be used as part of the 0-1 unless 23 there is a need for some type of emergency access. We could 24 certainly accommodate that as well. 25 This is just one of several conceptual designs that we came up 26 with. This indicates that there are eight parking stalls with required 27 driving aisle widths and back up aisles, ponding and landscaping and 28 there is already some existing landscaping on this site. I do stand for 29 questions should you have them. Thank you. 30 31 Scholz: All right, any questions for this gentleman? Commissioner Beard. 32 33 Beard: What is the purpose of this office? 34 35 Clifton: The applicant, Mrs. Sandra Espiritu, initially would have liked to have 36 located her real estate office here; however, if that does not occur 37 there are a couple of other options, such as accounting, architecture, 38 general office-type service uses for this site. It's by no means not a 39 "speculative" zone change. 40 41 Beard: So it's not designated for any particular business right now. 42 43 Clifton: Its use is under the 0-1 Zoning District; and really the 0-1 limits it to 44 really service-type oriented businesses, a real estate office, 45 accounting, architecture, engineering, planning firm.... 46 7 1 Beard: Okay, thank you. 2 3 Scholz: Yes, Commissioner Crane. 4 5 Crane: Would medical and dental fall under that? 6 7 Clifton: No, sir. We had intense negotiations with staff and medical and dental 8 will not fall under 0-1. 9 10 Crane: Thank you. 11 12 Scholz: Any other questions? All right, thank you very much, Mr. Clifton and 13 good luck with your arm. 14 15 Clifton: Thank you, Mr. Chair and Members of the Commission. 16 17 Scholz: All right, we'll open it up to the public. Is there anyone form the public 18 who wishes to speak to this issue? Okay, would you come down and 19 give us your name, please? 20 21 Lynch: Veronica Lynch. I own the property at 2230 so I'm right next to the 22 current property that's proposing the zoning. So I am also in 23 agreement with the other neighbors that I do oppose for a business to 24 be put in right directly next door to residential. There, again, I don't 25 see the need for an office setting as there is quite adequate office 26 space throughout the city versus right on Solano right next residential 27 property. So I wanted to make sure and voice my concerns and hope 28 that you also take that into consideration. 29 1 also feel that it will impact the property value. My current 30 existing home, with being right up next to a business, if I happen to 31 want to resell my home, which at this point I don't have that intent; but, 32 there again, there's also not a privacy wall there so you are going to 33 have a lot of in and out traffic and it's a chain link fence that is right up 34 against my property and that property as well. So there will be a lot of 35 traffic back there in the back yard that you can directly see into my 36 yard. 37 38 Scholz: All right. Questions for this woman? Yes, go ahead, Commissioner 39 Crane. 40 41 Crane: Would you feel better about this if the applicant or the owner were 42 required to make some kind of low opaque barrier that would be inside 43 the chain link fence or replace the chain link fence? 44 45 Lynch: I would feel better although, there again, this is a residential street with 46 the amount of, you know, like I said, I've got...I see the bicycle 8 1 students driving by every morning and there is quite a bit of traffic with 2 that bicycle lane so I don't know what impact studies have gone into 3 putting in a business right directly on Solano. But slowly but surely 4 Solano is being eaten up and residences are getting converted into 5 business; whereas, the residential population that do live there and 6 plan on staying there for twenty years or thirty years to have their 7 home are slowing getting pushed out and having that traffic right next 8 to their property is just not conducive for comfortable living. 9 10 Crane: Thank you. 11 12 Scholz: Okay, Commissioner Beard. 13 14 Beard: Do you know what the closest business would be on Solano next to 15 this...to your house? 16 17 Lynch: Yes, there's actually, I believe, an optical business right across the 18 street on the very corner and they have a....I believe it's a six-foot wall, 19 a wood wall, separating that existing home from that optical business, 20 but there again, it's on the corner so it's not in between homes; 21 whereas this is right in between homes. So, I mean, a corner lot is 22 easy access and you don't have that constant flow of traffic in and out 23 of that and myself, trying to get in and off of Solano now is actually 24 pretty difficult with the traffic flow as it is so I can imagine with fifteen or 25 twenty cars coming in and out of there anywhere between nine and 26 five o'clock. 27 28 Beard: Thank you. 29 30 Scholz: Okay, any other questions? Thank you very much. Anyone else wish 31 to speak to this? Okay, I'm going to close it for public input. 32 Gentlemen, what is your pleasure? Commissioner Beard? 33 34 Beard: I actually have a concern about the residents there also. I don't know 35 how many signs would go up, that type of advertising, you know, that 36 type of wall and all that; but that's intruding on the residential area. 1 37 kind of oppose putting office spaces, especially when they're not even 38 designated, into the middle of a residential area. So that's kind of my 39 feeling right now. 40 41 Scholz: All right. Commissioner Stowe, I saw your light on before. 42 43 Stowe: My question is more of a general one to Mr. Ochoa: what would 44 be...would this be considered the end game as neighborhoods change 45 and traffic patterns increase towards this inner city, that residences 46 change to as the least objectionable type of change in zoning, 9 1 something like Office? Is this something we see very frequently? Is it 2 rather an end game rather than a one-at-a-time situation? 3 4 Ochoa: Mr. Chairman, Commissioner Stowe, to answer your question, to try to 5 answer your question, I apologize; what we did in order to kind of 6 break down this case and see how we would recommend to this, look 7 at it from the Comprehensive Plan analysis and the Comprehensive 8 Plan. The 1999 Comprehensive Plan states that single-family 9 residences or low-density residences are not encouraged along Minor 10 Arterials or "Arterial roadways" is the way it states and, like I said 11 before, Solano is considered a Minor Arterial roadway and you'll take 12 into the fact, as well, that it is about a block away from what's the 13 University District Area Overlay, which actually encourages this type of 14 use as well, and Mixed Use is kind of the way we look at it from a 15 planning perspective of residential and offices being next door to each 16 other with, of course, the required buffers and so forth. 17 18 Stowe: Yes, I see that. It seems to me rather typical as the development 19 changes from Residential to Light Office that we're dealing with a trend 20 and as the planning goes, so goes the neighborhood and in a way, 21 Office zoning could provide itself a buffer to other properties nearby. Is 22 that a factor the planners see or do they avoid that topic? 23 24 Ochoa: Mr. Chairman, Commissioner Stowe, the way we looked at it was in 25 this particular case...we looked at it as the zoning is an 0-1 Zoning 26 District, which is Office-Neighborhood, which basically, where it's going 27 we see it as kind of that, an office in the middle of a neighborhood, if 28 you will. That is why we recommended the approval. Other than that, 29 unfortunately, I don't know what the future holds for that area or other 30 residences along Principle Arterials or anything like that, sir. I couldn't 31 speak on that behalf. 32 33 Stowe: Thank you. 34 35 Scholz: Commissioner Shipley. 36 37 Shipley: Mr. Chairman, I kind of...when I drove by and looked at the 38 neighborhood on both sides of the street and went an entire block 39 around I kind of feel the same way Commissioner Beard feels, is that if 40 this is going to be a real estate office it's, even though it's close to the 41 University District, the students are not going to use that kind of 42 service. That's not something that they're...they are not generally in 43 the real estate market. It's basically...there's ample places to have 44 real estate offices that are in shopping centers in commercial areas 45 that exist right now. It's better because you have better control of 46 traffic and better control of parking. This would be an island in the 10 1 middle of a residential neighborhood and I think that...I understand it's 2 a Minor Arterial, but I also understand that that's been residential on a 3 Minor Arterial for many years and to change the nature or piecemeal it. 4 On the corner would be a better location because there would be less 5 imposition of traffic and that but in the middle and commercial business 6 in an open parking lot, and if it's not housed at night, if there's no one 7 living there at night then vandalism and those kinds of things could set 8 in, which would detract from the neighborhood. So I think it's not a 9 good idea to do that. 10 11 Scholz: Commissioner Crane. 12 13 Crane: Mr. Chairman, I wonder if Mr. Ochoa can tell us what the zoning is for 14 the other eight lots between Milton and Monte Vista on the west side of 15 Solano. I drove it today and I neglected to note that but I think there's, 16 with the possible exception of the corners, it's all residential. Now, 17 seeing your diagram, the yellow is R-1? 18 19 Ochoa: That is correct, sir. 20 21 Crane: Okay, so we've got one commercial lot at the corner of Milton, the 22 purple one, I see...no, pardon me...no the block I'm speaking of is one 23 hundred percent residential at present. 24 25 Ochoa: On the west side.... 26 27 Crane: I said west side and...I do mean west side, yeah, from Milton on down 28 to Monte Vista we have nine residential lots presently. Right? 29 30 Ochoa: Correct, sir. 31 32 Crane: My sympathies are with those who feel that that office rezoning would 33 be something of an intrusion. I grant that Solano is a suitable street for 34 offices to be dotted around on it but if that were happening in my 35 neighborhood I think I'd be unhappy. Thank you. 36 37 Scholz: All right, any other questions or comments, gentlemen? Okay, I'll 38 entertain a motion to approve. 39 40 Crane: So moved. 41 42 Scholz: Okay. 43 44 Bustos: Second. 45 11 t 1 Scholz: All right, so Crane moves and Bustos seconds. I'll call the role. 2 Commissioner Shipley. 3 4 Shipley: Nay, findings, discussion and site visit. 5 6 Scholz: Commissioner Crane. 7 8 Crane: Nay, findings, discussion and site visit. 9 10 Scholz: Commissioner Stowe. 11 12 Stowe: Nay, findings, discussion and site visit; mostly site visit. 13 14 Scholz: Thank you. Commissioner Bustos. 15 16 Bustos: Nay, findings and discussion. 17 18 Scholz: Commissioner Beard. 19 20 Beard: Nay, findings, discussion and site visit. 21 22 Scholz: And the Chair votes aye, findings discussion and site visit. All right, 23 the motion fails five to one. Thank you, gentlemen. Thank you, Mr. 24 Ochoa. 25 26 VII. OTHER BUSINESS - None 27 28 Scholz: All right, we have other business. Is there any other business? Ms. 29 Rodriguez is shaking her head and Mr. Ochoa is saying, "No,".... 30 31 VIII. PUBLIC PARTICIPATION 32 33 Scholz: ....and any additional public participation? 34 35 IX. STAFF ANNOUNCEMENTS 36 37 X. ADJOURNMENT (6:26 pm) 38 39 Scholz: All right, then I am going to say that we are adjourned at about six 40 twenty-six. Thank you. 41 42 JWU_,_ 7 /2(P/l 43 44 Chairman 12