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11-22-2011 YM City of Las Cruces PEOPLE HELPING 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, November 22, 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 Il. 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. Ill. APPROVAL OF MINUTES 1. September 8, 2011 Special Meeting 2. September 27, 2011 Regular Meeting IV. POSTPONEMENTS V. CONSENT AGENDA VI. OLD BUSINESS VII. NEW BUSINESS 1. Case S-11-024: Application of the City of Las Cruces to approve a final plat for an 8.36 ± acre subdivision known as the Casa de Esperanza Subdivision. The final plat proposes to replat one (1) existing tract of land into two (2) new tracts and one (1) new lot. The subject property is located west of El Camino Real and south of Aguilera Court; Parcel ID# 02-00572; Proposed Use: Lot 1 is undeveloped single-family residential land; Tract A is the site of Las Cruces Well #33; and Tract B is part of the Las Cruces Outfall Channel; Council District 1. Page 1 of 2 2. Case Z2846: Application of Borderland Engineers and Surveyors on behalf of TBRC Leasing, LLC to rezone from C-2 (Commercial Medium Intensity) to C-3 (Commercial High Intensity) on a 1.309 ± acre lot located on the west side of Valley Drive, 0.23 ± miles south of its intersection with Amador Avenue and an application of Borderland Engineers and Surveyors on behalf of Las Cruces Toyota, Inc. to eliminate the R-4 (Multi-Dwelling High Density & Limited Retail and Office) zoning designation on the 0.668 ± acre northern portion of a 7.904 ± acre lot located on the west side of Valley Drive, 0.275 ± miles south of its intersection with Amador Avenue; a.k.a. 650 S. Valley Drive and 780 S. Valley Drive; Parcel ID# 02-30048 and 02-02644. Proposed Use: The two subject properties will be replatted and the existing child care center at 650 S. Valley Drive will be expanded; Council District 4. VIII. OTHER BUSINESS IX. PUBLIC PARTICIPATION X. STAFF ANNOUNCEMENTS XI. ADJOURNMENT Page 2 of 2 1 PLANNING AND ZONING COMMISSION 2 FOR THE 3 CITY OF LAS CRUCES 4 City Council Chambers 5 November 22, 2011 at 6:00 p.m. 6 7 BOARD MEMBERS PRESENT: 8 Charles Scholz, Chairman 9 Godfrey Crane, Vice Chair 10 Charles Beard, Secretary 11 William Stowe, Member 12 Ray Shipley, Member 13 Shawn Evans, Member 14 15 BOARD MEMBERS ABSENT: 16 Donald Bustos, Member 17 18 STAFF PRESENT: 19 Cheryl Rodriquez, Administrator, Development Services 20 Robert Kyle, Building Official 21 Adam Ochoa, Acting Senior Planner 22 Lorenzo Vigil, Acting Assistant Planner 23 Mark Dubbin, CLC Fire Department 24 Rusty Babington, CLC Legal Staff 25 Bill Hamm, Land Management 26 Bonnie Ennis, Recording Secretary 27 28 I. CALL TO ORDER (6:00 pm) 29 30 Scholz: Good evening and welcome to the Planning and Zoning Commission 31 meeting for November 22, 2011. I'm Charlie Scholz, the Chair. 32 Before we begin I want to introduce my colleagues. On my far right is 33 Commissioner Shipley. He's the Mayor's appointee. Next to him is 34 Commissioner Crane. He represents Council District 4. Next to him is 35 Commissioner Stowe, who represents Council District 1. Next to him 36 is Commissioner Evans, Council 5. Absent tonight is Commissioner 37 Bustos, who represents 3. Next to me is Commissioner Beard, who's 38 District 2 and I represent Council District 6. 39 40 II. CONFLICT OF INTEREST 41 42 At the opening of each meeting, the chairperson shall ask if any member on 43 the Commission or City staff has any known conflict of interest with any item 44 on the agenda. 45 1 1 Scholz: The first item is normally the approval of the minutes but we've got an 2 addition to our agenda and right now we have a Conflict of Interest 3 Statement. 4 5 Shipley: Mr. Chairman? Before you start Cheryl just pointed out that the 6 screen's not working up here. The IT folks are trying to get... The 7 screen above your head is the one that's not showing anything. 8 9 Scholz: I'm sorry to hear that. 10 11 Shipley: We might need to take about two or three minutes. Is that right, 12 Cheryl? Just to give them time to pull that screen up so that people in 13 the audience can see what we're talking about. 14 15 Scholz: What we can do, though, Commissioner Shipley, is...it says here, to 16 me: "at the opening of each meeting the Chairperson shall ask if any 17 Member of the Commission or City staff has any known conflict of 18 interest with any item on the agenda." So, Commissioners, any conflict 19 of interest here? Okay. Staff, any conflict of interest? I don't see any. 20 1 assume some of the audience will have conflict of interest but that's 21 because they're here for their interest, and that's not a conflict, 22 actually. So, now we'll wait on the IT people. 23 24 in. APPROVAL OF MINUTES 25 26 1. September 8, 2011 Special Meeting 27 2. September 27, 2011 Regular Meeting 28 29 Crane: Mr. Chairman? 30 31 Scholz: Commissioner Crane. 32 33 Crane: Could we proceed with the approval of the minutes since the public 34 doesn't expect to see them up on the screen above? 35 36 Scholz: That would be an incredibly intelligent move. Yes, thank you very 37 much for that suggestion. Okay, I'll entertain the approval of the 38 minutes of the September 8th Special Meeting. Any additions or 39 corrections to those? 40 41 Crane: Mr. Chairman. 42 43 Scholz: Commissioner Crane. 44 45 Crane: Page 38... 46 47 Scholz: I got it. 2 1 2 Crane: Line 8; and this may occur somewhere else but "collocating," I think, 3 should have one "I" in it. 4 5 Scholz: All right. 6 7 Crane: That's less important than the other one and line 10, 1 think I must have 8 said, "...as far as I am concerned, in the laps of the local residents..." 9 In other words, the word "putting" should come out there and "in" 10 should go in. 11 12 Scholz: Okay. 13 14 Crane: Thank you. 15 16 Scholz: Because you weren't putting something in the laps of local residents. 17 18 Crane: No. I think I said, "I will vote against both of the matters...' 19 20 Scholz: Okay. 21 22 Crane: Now I'm wondering what about line 9... Yeah. Well, let's let 23 everything stand except the "putting in the" in line 10. 24 25 Scholz: Okay. 26 27 Crane: Make that "in." 28 29 Scholz: Additional corrections or additions? Anyone? Okay, I'll entertain a 30 motion to approve the minutes of September 8th 31 32 Shipley: Move to approve those minutes. 33 34 Scholz: Okay, Shipley moved. Is there a second? 35 36 Stowe: Second. 37 38 Scholz: And Stowe seconds. All right, all those in favor say aye. 39 40 All (except Evans): Aye. 41 42 Scholz: Those opposed same sign. And abstentions? 43 44 Evans: One abstention. 45 46 Scholz: Okay. All right, we'll look at the minutes for the September 27th regular 3 1 meeting. Any additions or corrections to this, gentlemen? 2 3 Crane: On page... 4 5 Scholz: Commissioner Crane. 6 7 Crane: 20, Mr. Chairman, looking at the line that actually you uttered, and 8 maybe you're prepared to bring this to the secretary's attention, the 9 word "role" should be "roll." Line 34, page 20. 10 11 Scholz: Ah, yes. Page 20, line 34; it's roll, r-o-I-I as opposed to r-o-I-e. Well, 12 actually calling the role is, you know, when you audition. That's 13 different. Okay. Any other additions or corrections? All right, I'll 14 entertain a motion to approve the minutes of September 27tH 15 16 Shipley: So moved. 17 18 Beard: Second. 19 20 Scholz: Okay, Shipley moves. Beard seconds. All those in favor say aye. 21 22 All (except Evans): Aye. 23 24 Scholz: Those opposed same sign. And abstentions. 25 26 Evans: And one abstention. 27 28 Scholz: One abstention. Thank you. All right, that business is taken care of 29 and we're still waiting on the IT people, it seems. 30 31 Ochoa: There we go. 32 33 Scholz: Are we ready to go? All right, we're already done the Conflict of 34 Interest Statement, the Call to Order, Approval of Minutes... 35 36 37 IV. POSTPONEMENTS 38 39 Scholz: Are there any Postponements, Mr. Ochoa? 40 41 Ochoa: No, sir. None tonight. 42 43 V. CONSENT AGENDA 44 45 Scholz: And no Consent Agenda either? 46 47 Ochoa: No, sir. 4 1 2 VI. OLD BUSINESS 3 4 Scholz: All right, and no Old Business, I see. 5 6 VII. NEW BUSINESS 7 8 Scholz: All right, so our first case of New Business is Case S-11-024 and 9 you're up. 10 11 1. Case S-11-024: Application of the City of Las Cruces to approve a final 12 plat for an 8.36 ± acre subdivision known as the Casa de Esperanza 13 Subdivision. The final plat proposes to replat one (1) existing tract of land 14 into two (2) new tracts and one (1) new lot. The subject property is 15 located west of EI Camino Real and south of Aguilera Court; Parcel ID# 16 02-00572; Proposed Use: Lot 1 is undeveloped single-family residential 17 land; Tract A is the site of Las Cruces Well #33; and Tract B is part of the 18 Las Cruces Outfall Channel; Council District 1. APPROVED 5-1 19 20 Ochoa: Good evening, gentlemen. For the record, Adam Ochoa, Development 21 Services. The first case tonight is case S-11-024. It is a request for 22 approval of the final plat that is known as Casa de Esperanza 23 Subdivision. The subject property seen here on the vicinity map in the 24 hashed, light blue is located west of EI Camino Real and east of Dona 25 Ana Road here. It is directly adjacent to what is the Dona Ana Drain 26 here to the west of it and south of what is Aguilera Court to the north 27 here; relatively found in the northwest area of the city right next to the 28 city limits there in the northwest area of the city. 29 The property is located west of Camino Real, south of Aguilera 30 Court. The subject property currently encompasses approximately 31 8.367 acres and is zoned R-1a/A-1, which is Single-Family Medium 32 Density and Flood Control, which is actually from the 1981 Zoning 33 Code. This final plat, essentially, will be replatting the one existing 34 tract of land into two new tracts and one new lot. Tract A will 35 encompass approximately 0.867 acres; will be zoned R-1 a and is the 36 current location of the Las Cruces Well Site No. 33. Tract B 37 encompasses approximately 2.385 acres, is zoned A-1, Flood Control, 38 from the 1981 Zoning Code and is the current location of the Las 39 Cruces Outfall Channel. And, of course, Lot 1, the proposed 40 subdivision or final plat, encompasses approximately 5.117 acres; is 41 zoned R-1 a, Single-Family Medium Density; and is a large currently 42 undeveloped Single-Family lot. This property has the ability to, in the 43 future, be subdivided further into a Single-Family lot but any future 44 development or subdivisions will be required to follow all Development 45 Standards of the 2001 Zoning Code, as amended, and all other City 46 Development Codes. 5 1 Here is an aerial of the subject property. Again, it's found here 2 with the light blue, hashed out, with the lines here. Just to give you an 3 idea where it is again; Dona Ana Drain here directly west of it, EI 4 Camino Real east of the property. 5 Here is the final plat showing Lot No. 1, the larger 5.117 acre 6 lot; Tract A, 0.867 acres and Tract B, the 2.385 acres, which is the Las 7 Cruces Outfall Channel right here. 8 On October 26, 2011 the Development Review, or DRC, 9 reviewed the proposed final plat. At DRC it was agreed by staff to not 10 allow any public access through the Outfall Channel maintenance 11 road. At the DRC meeting it was agreed that one of the three 12 proposed tracts is to be changed into a lot. All DRC issues have been 13 addressed and changed on the plat and the DRC recommended 14 approval for the final plat. In front of you, gentlemen, you do have a 15 current copy of the new final plat showing the updates with the 16 language explaining the public access to the maintenance road and 17 the changing of one of the tracts into an actual lot. 18 With that, gentlemen, your options tonight are: 1) to vote "yes" 19 to approve the final plat request as recommended by staff for case S- 20 11-024; 2) to vote "yes" to approve the final plat request with additional 21 conditions as seen appropriate by the Commission; 3) to vote "no" to 22 deny the final plat request, and: 4) to table or postpone and direct staff 23 accordingly. That is the conclusion of my presentation. The applicant 24 is here to answer any questions and I stand for questions as well. 25 26 Scholz: All right. Questions for this gentleman? Commissioner Shipley. 27 28 Shipley: Good evening, Mr. Ochoa. 29 30 Ochoa: Good evening, sir. 31 32 Shipley: How many...I know it's one lot, 5.117 acres; but are you looking at 33 building...it's R-1 a? It's just going to be one home built in there? 34 35 Ochoa: Mr. Chairman, Commissioner Shipley, currently all we're looking at is 36 the actual final plat itself. This City-owned lot has the potential to be 37 subdivided into smaller lots and I believe we have somebody here who 38 may have a little more detail for you on that if there are any future 39 plans for that 5.117-acre lot. 40 41 Shipley: The question, though, I guess, I'm concerned about is: the access 42 road leads...where's that gonna fall? 43 44 Ochoa: Mr. Chairman, Commissioner Shipley, as of now access is not really 45 determined with this plat but I'm going to let the applicant kind of 46 explain that a little bit better for you, sir. 6 1 2 Scholz: Before you do that I have a couple of questions as well so if we could 3 hold off on that. Any other questions, gentlemen? Okay. From my 4 understanding of the reading; this is a way to clean up this area? I'm 5 not talking about an environmental clean up. I'm talking about cleaning 6 up the zoning. 7 8 Ochoa: Mr. Chairman, that is correct. Essentially, by splitting up the three 9 different parcels, the two tracts and the one lot, kind of cleans up what 10 is considered the area for the Well Site and the Outfall Channel and 11 what can be used for future development by the City if desired in the 12 future. 13 14 Scholz: Okay. Yeah. Well, that was my only question. The other question 1 15 think Commissioner Shipley asked. Do you have another question? 16 17 Shipley: I just couldn't visualize how they were going to get access from what 18 area was the traffic going to come from to go to this lot when it's 19 subdivided. 20 21 Scholz: Well, I have a similar concern. All right, let's hear from the applicant. 22 23 Hamm: Yes. Good evening. Bill Hamm. Public Works Department. The City 24 is the applicant on this parcel. Basically, the future access for any 25 future subdivision on that 5-plus-acre tract is going to have to be 26 figured out at the time site plan submittal is presented and a 27 development plan is proposed. Right now the purpose of this plat was 28 simply to separate the Well Site, separate the Outfall Channel parcel 29 and to allow continued maintenance for the Outfall Channel, the Well 30 Site and any kind of maintenance necessary on the large tract. Right 31 now, as far as I know, there are no development subdivision plans to 32 actually build lots in there. 33 34 Scholz: Okay. 35 36 Shipley: Mr. Chair. 37 38 Scholz: Yes, go ahead. 39 40 Shipley: I mean I understand that, but from the plat that I got that I'm looking at 41 don't see where there's an access point to this 5.117 acres except 42 going down that Channel, which you say they're not going to do 43 because that's City property. 44 7 1 Hamm: Right. Exactly. The note, I think it's note Number 6, maybe Number 5 2 on the plat says that Outfall Channel maintenance road is for City 3 activity only at this time. 4 5 Shipley: So I'm looking at the neighborhood around it and it's all private homes 6 and there's no place to access either the Court, I guess that's Aguilera 7 Court, or anything else. So if you were gonna... you know...we're the 8 Planning Commission. We don't know how you're gonna get access to 9 that piece of property. Why would we approve it? 10 11 Hamm: Well, that's...again, this is an unusual situation in that this tract of land 12 was acquired back in 1973 for the Outfall Channel itself. Essentially, 13 the larger portion there that's proposed to be a lot is essentially a 14 remnant of that and this...really, right now, your options are to either 15 obtain access to Aguilera Court somehow upon a development plan 16 submittal or possibly across the Dona Ana Drain, which would be an 17 EBID issue. Again, right now, as the note says: "the only access 18 that's permitted into the site is for City maintenance activities." 19 20 Scholz: Okay, back to you, Mr. Ochoa. My concern was the same as 21 Commissioner Shipley's. This is, in a sense, an isolated piece of land 22 and I don't see how we could, you know...how anyone could approve it 23 for development without the roads there. I took a look at the wall. 1 24 walked the piece and I noticed that there's a holding pond off of 25 Aguilera Court. Would that allow access to this property? 26 27 Ochoa: Mr. Chairman, essentially what this final plat that we're looking at 28 tonight, like Mr. Hamm said, it's essentially kind of a clean up. Again, 29 currently, right now we're just looking at just for the three parcels, 30 which is the 5-acre lot with no plans for development as of yet. We'll 31 still have access through the maintenance channel, since they are all 32 three City-owned properties, so everybody will have access to those 33 three lots through the maintenance road for the Outfall Channel. Any 34 future development, though, would have to require some sort of 35 dedicated access off of a Local road, whether that be Aguilera or 36 whatever road that would have to be kind of punched through. That 37 would have to be determined at a later date when an actual subdivision 38 comes in for that larger lot, sir. 39 40 Scholz: Okay. Commissioner Shipley, you're looking puzzled. All right, so the 41 City is the applicant in this, aren't they? 42 43 Ochoa: That is correct, sir. 44 45 Scholz: All right. Was the public notified of this, by the way? 46 8 1 Ochoa: Yes, sir, they were. 2 3 Scholz: Okay, is there anyone from the public who wishes to speak to this? 4 Yes, ma'am. Come down to the microphone, ma'am, please. Identify 5 yourself. 6 7 Morganthorton: Good evening, ladies and gentlemen. My name is Angie 8 Morganthorton and I live at 1035 Aguilera Court. I was notified by this 9 through certified mail and I just have a lot of concerns over this 10 because we moved into this area when it was practically vacant and I 11 don't understand all the issues because I work out of town and so 12 when I am here I don't know of all the particulars of a situation like this; 13 and so the concerns I have is: number one, how is this going to impact 14 our neighborhood because we have a very nice neighborhood. There 15 is a pond. There is very little access and so my concern also is: would 16 we lose our homes so that they can gain access or a road to this 17 particular piece of property? How is it going to impact our taxes? How 18 is it going to change? Are we still going to remain residential or 19 commercial and what are some of the other issues that pertain to this? 20 21 Scholz: Okay. Well, when I looked at this property and looked at the plat, not 22 the current one that we have but the previous one I was very confused 23 as well; and that's why I think I asked the questions that I did and that's 24 why I think Commissioner Shipley asked the questions. What we're 25 doing is simply platting it so that we can put the well, the City well, on a 26 specific piece of property. Okay? So that well will not be affected by 27 development of that empty lot. Beyond that I can't tell you anything 28 else about the development of that lot because there's been no 29 development proposed on it and I seriously doubt that anyone would 30 take anyone's home simply to provide access to a lot like that. As a 31 Planning and Zoning Commissioner I wouldn't vote for anything like 32 that and I don't know that any of my colleagues would. 33 34 Morganthorton: And then the other concern is: there used to be, adjacent to that 35 property, a mobile home and they started to clear the land... 36 37 Scholz: Oh, across the Drain. 38 39 Morganthorton: Yes, sir. 40 41 Scholz: Yes, right. That has been rezoned for development, as I recall, and 42 think that was done, oh... Ms. Rodriguez, can you help me out here? 43 Do you remember when that was? It's a couple of years ago. 44 45 Rodriguez: Mr. Chairman, I don't recall specifically but the name of that 46 development is Pueblo Mesa Village and the subdivision is, my 9 1 understanding, is under construction right now but it is intended for 2 single-family residential development. 3 4 Scholz: Yeah. Yeah, they're putting a road in from Dona Ana Road. Anything 5 else? 6 7 Morganthorton: Thank you very much. I appreciate it. 8 9 Scholz: Well, thank you for speaking. I appreciate it. Okay, anyone else from 10 the public wish to speak to this? Yes, sir. 11 12 Aduskevich: Good evening, Commissioners. My name is James Aduskevich. I live 13 at 2400 Dona Ana Road, which is the triangular piece of property that's 14 directly west of the fork of the Dona Ana Drain and the Outfall Channel. 15 1 also am representing my father, Peter Aduskevich, who owns the 16 property adjacent to that, so it'd be 2420 Dona Ana Road. Our main 17 concern is: if development ever occurs, which I'm sure it will, they're 18 going to need at least one access, if not two accesses for the Fire 19 Department, Codes, in order to get in there. 20 21 Scholz: Um-hmm. 22 23 Aduskevich: The only real way they can do it is going across the Dona Ana Drain 24 into the...along the edges of our property. Now we've already had a 25 number of people run into our fence just that are trespassing on the 26 EBID land and, with more traffic that could be an issue. It's also a very 27 narrow dirt road, definitely not enough room for two lanes of traffic. So 28 then the options for making it available for access is either moving into 29 the ditch area or onto our properties. So that concerns us that that will 30 have to happen at some point if this is approved. And then, with two 31 accesses, my father did some calling around and he said that some 32 people he'd talked to had mentioned that they were looking at both the 33 ponding area, or pond area, of the development going to EI Camino 34 Real and going across to the Dona Ana Drain and having both those 35 be accessed is what he indicated someone said was the current plan 36 for the development. And, like I said, I don't think there's enough room 37 on the Dona Ana Drain to even put a road if they wanted to without 38 either taking our property or filling in the ditch. I don't know if there's 39 any way they can do that but that's my concern. 40 41 Scholz: Okay, well, I appreciate your concern. Are you in the city? 42 43 Aduskevich: No, we're in the county. 44 45 Scholz: You're in the county. That's what I thought. Right. Well, there are no 46 plans for development of this property right now. 10 1 2 Aduskevich: Okay. The people my dad spoke to indicated that there were plans for 3 development but they mentioned working with the Habitat for Humanity 4 for houses and it sounded like it was already a plan in the works 5 somewhere because they were specific about the accesses and the 6 development itself. But that's our concern is that we're going to end up 7 with a road in our yards and I have a small child that you probably 8 heard screaming out there and I'm concerned about a lot of traffic 9 since people are already running into our fence, as is, without even a 10 road access. 11 12 Scholz: I understand. 13 14 Aduskevich: Thank you. 15 16 Scholz: Thank you for presenting. Commissioner Crane. 17 18 Crane: Mr. Chairman, I believe I understand if development is to proceed on 19 this 5-acre lot the matter of accessing would have to be addressed and 20 any questions of possible confiscation or eminent domain, grasping of 21 property, would be aired. Correct? 22 23 Scholz: That's right. 24 25 Crane: In other words, nothing is going to happen without this Board, this 26 Commission, having a public discussion of it. 27 28 Scholz: That's right. Yes. 29 30 Crane: And you said that you would not vote to demolish somebody's house 31 and I would certainly not vote to do that or to intrude on Mr. 32 Aduskevich's property in order to provide access. 33 34 Scholz: All right, anything else, gentlemen? Okay, I'm going to close this for 35 public discussion then and, gentlemen, what's your pleasure? 36 37 Crane: I move that the request be approved without further conditions. 38 39 Evans: I second. 40 41 Scholz: Okay, so you're moving that we approve S-11-024? 42 43 Crane: Correct. 44 45 Scholz: Okay. And you seconded, Commissioner Evans? 46 11 1 Evans: Yes, sir. I seconded. 2 3 Scholz: Okay, I will call the roll. Commissioner Shipley. 4 5 Shipley: I vote nay, findings, discussion and site visit. 6 7 Scholz: Okay. Commissioner Crane. 8 9 Crane: Aye, findings, discussion and site visit. 10 11 Scholz: Commissioner Stowe. 12 13 Stowe: Aye, findings and discussion. 14 15 Scholz: Commissioner Evans. 16 17 Evans: Aye, findings and discussion. 18 19 Scholz: Commissioner Beard. 20 21 Beard: Aye, findings and discussion. 22 23 Scholz: And the Chair votes aye for findings, discussion and site visit. All right, 24 so that's approved. 25 26 2. Case Z2846: Application of Borderland Engineers and Surveyors on 27 behalf of TBRC Leasing, LLC to rezone from C-2 (Commercial Medium 28 Intensity) to C-3 (Commercial High Intensity) on a 1.309 ± acre lot located 29 on the west side of Valley Drive, 0.23 ± miles south of its intersection with 30 Amador Avenue and an application of Borderland Engineers and 31 Surveyors on behalf of Las Cruces Toyota, Inc. to eliminate the R-4 (Multi- 32 Dwelling High Density & Limited Retail and Office) zoning designation on 33 the 0.668 ± acre northern portion of a 7.904 ± acre lot located on the west 34 side of Valley Drive, 0.275 ± miles south of its intersection with Amador 35 Avenue; a.k.a. 650 S. Valley Drive and 780 S. Valley Drive; Parcel ID# 02- 36 30048 and 02-02644. Proposed Use: The two subject properties will be 37 replatted and the existing child care center at 650 S. Valley Drive will be 38 expanded; Council District 4. APPROVED 6-0 39 40 Scholz: Our next item is case Z2846. Mr. Ochoa, you're up again. 41 42 Ochoa: The second case tonight, gentlemen, the last case for tonight is case 43 Z2846. It is a request for a zone change from C-2, which is 44 Commercial Medium Intensity, to C-3, Commercial High Intensity, for a 45 parcel located at 650 South Valley Drive. In addition to that there is 46 also a request to eliminate the R-4 zoning designation, which is Multi- 12 1 Dwelling High Density and Limited Retail and Office from a portion of a 2 parcel located at 780 South Valley Drive. 3 Seen here on the vicinity map the subject property located here, 4 again surrounded with the light blue line and hashed out with the 5 stripes located on the west side of Valley Drive and directly adjacent 6 to, I believe, that is the Porter Lateral to the west of the property. 7 Just some case specifics and findings: both subject properties 8 are currently located on the west side of Valley Drive approximately a 9 quarter-of-a-mile south of Valley Drive's intersection with Amador 10 Avenue. The property known as 650 South Valley Drive currently 11 encompasses 1.309 acres, is currently zoned C-2, like I said, 12 Commercial Medium Intensity and currently consists of a child care 13 center. The proposed zone change tonight to C-3...essentially, the 14 way the property exists now it is a non-conforming property since it 15 exceeds the one-acre maximum lot size of the C-2 zoning designation 16 requiring a C-3 zoning designation to bring it into compliance with the 17 2001 Zoning Code. 18 The property known as 780 South Valley Drive encompasses 19 approximately 7.91 acres. The whole parcel is currently zoned C-3/R- 20 4, which is Commercial High Intensity/Multi-Dwelling High Density and 21 Limited Retail and Office and is currently vacant or undeveloped. 22 Essentially, the zone change or the elimination of the R-4 zoning 23 designation is only for the northern 0.668-acre portion of this 7.91-acre 24 lot that is being proposed to, again, eliminate the R-4 zoning 25 designation. Essentially, what's going on is the applicant is proposing 26 to replat two properties adding that 0.688-acre portion of the larger 27 tract to the smaller tract to the north, the 650 South Valley Drive, 28 essentially increasing the size of 650 South Valley Drive and making 29 780 South Valley Drive a smaller lot. That new portion that'll be 30 replatted into that lot of 650 South Valley Drive is proposed to be the 31 area for the expansion of the existing child care center at 650 South 32 Valley Drive. The Metropolitan Planning Organization has classified 33 Valley Drive as a Principal Arterial roadway. 34 Here is an aerial, just to show the two lots, a better description 35 of where it is again. There is the existing child care center at 650 36 South Valley Drive and the undeveloped lot at 780 South Valley Drive. 37 Here on the site plan, this is the proposed replat that is 38 happening for the properties, the two subject properties. This is where 39 the lot line currently exists and where it will be moved adding, again, 40 that 0.688-acre lot to the northern lot. Essentially, by eliminating the R- 41 4 zoning designation you're giving it just the C-3 zoning designation, 42 making it line up with the proposed zoning designation we're proposing 43 for tonight from C-2 to C-3 to make that whole, what would be 44 approximately 1.69 acres C-3, and would allow the child care center on 45 there by right and would have the property follow all 2001 Zoning Code 46 Regulations. 13 1 Staff has reviewed this zone change request and recommends 2 approval without conditions based on the preceding findings. The 3 recommendation tonight by the Planning and Zoning Commission will 4 be forwarded to the City Council for final consideration. 5 With that tonight, gentlemen, your options are: 1) to vote "yes" 6 to approve the request as recommended by staff for case Z2846; 2) to 7 vote "yes" and approve the request with additional conditions as 8 deemed appropriate by the Commission; 3) to vote "no" and deny the 9 request, or; 4) to table and postpone and direct staff accordingly. 10 There has been no public input to staff by phone calls or by writing at 11 all. I stand for questions and the applicant is present here as well and 12 is available for questions. 13 14 Scholz: All right, thank you, Mr. Ochoa. Any questions for this gentleman? 15 Commissioner Shipley. 16 17 Shipley: In the staff report on page 7 of 9 on Landscaping and Buffering it says: 18 there's... "Are there existing buffers on the subject property?" And it 19 says: "No." And so, if no, are they required to do some buffering on this 20 property to separate the uses? One's C-3 and one's C-3/R-4? 21 22 Ochoa: Mr. Chairman, Commissioner Shipley, since there's no current use on 23 that southern portion of the property right now there's no requirement 24 for a buffer against that area currently; and in the future, if somebody 25 does go in adjacent to that that the land use will require buffering then 26 that vacant lot will have to provide the buffer adjacent to the child care 27 to the north, sir. 28 29 Scholz: Was that clear, Commissioner Shipley? Okay. I think it also says in 30 one of the paragraphs at the top that the child care center expansion is 31 proposing a 6-foot tall masonry wall around their new playground area 32 so that's going to be a buffer for them. Okay, any other questions for 33 this gentleman? All right, may we hear from the applicant? 34 35 Scanlon: Thank you, Mr. Chairman, Members of the Commission. My name's 36 Ted Scanlon and I represent the applicant. This is basically a case to 37 clean up the zoning on the existing tract that is currently out of 38 compliance with the 2001 Zoning Code due to the size of the tract of 39 being greater than one acre. And then it allows us the opportunity to 40 make the zoning district boundaries coincide with the proposed 41 boundary that will be created by the replat of the property to move that 42 property line to allow for expansion of the day care center. Obviously, 43 this subdivision process and all of the building permit processes and all 44 the other processes that we have to go through in order to achieve that 45 will have to meet all of the City's Standards and Requirements and 46 those of the other reviewing agencies, such as New Mexico State 14 1 Highway and Transportation Department or the New Mexico State 2 Department of Transportation. So, having said that, all we're doing is 3 to be able to move that lot line and have the zoning district boundaries 4 coincide with the lot lines. 5 6 Scholz: All right, any questions for this gentleman? Thank you, Mr. Scanlon. 7 Anyone from the public wishes to speak to this? Okay, hearing none, 8 I'm going to close it for public discussion. Gentlemen, what is your 9 pleasure? 10 11 Crane: I move that the application Z2846 be approved. 12 13 Scholz: Okay, it's been moved. Is there a second? 14 15 Evans: I second. 16 17 Scholz: Okay, Crane moves and Evans seconded. I'll call the roll. 18 Commissioner Shipley. 19 20 Shipley: Aye, findings, discussion and site visit. 21 22 Scholz: Commissioner Crane. 23 24 Crane: Aye, findings, discussion and site visit. 25 26 Scholz: Commissioner Stowe. 27 28 Stowe: Aye, findings and discussion. 29 30 Scholz: Commissioner Evans. 31 32 Evans: Aye, findings and discussion. 33 34 Scholz: Commissioner Beard. 35 36 Beard: Aye, findings, discussions and site visit. 37 38 Scholz: And the Chair votes aye for findings, discussion and site visit. So 39 Z2846 is approved and sent up to City Council. 40 41 VIII. OTHER BUSINESS 42 43 Scholz: All right, looking at our agenda...if I can find my agenda here...which is 44 buried somewhere...can I borrow your agenda, Mr. Beard? 1 45 appreciate it. Thank you. We have Other Business. No Other 46 Business in front of us. 47 15 1 IX. PUBLIC PARTICIPATION 2 3 Scholz: And Public Participation...no other public participation. 4 5 X. STAFF ANNOUNCEMENTS 6 7 Scholz: All right, Staff Announcement. Ms. Rodriguez. 8 9 Rodriguez: Thank you, Mr. Chairman. As many of you are probably aware this is 10 my last Planning and Zoning Commission with you this evening. As of 11 Monday, December 5th, I will be moving on to become the City's new 12 Airport Manager. Lisa Murphy was recently promoted to the new 13 Transportation Director and the new Transportation Department will 14 oversee Airport, Fleet, Transit, as well as Street operations. As part of 15 this Brian Denmark, the Assistant City Manager, as well as Robert 16 Garza, the City Manager, are working on realigning several 17 departments within our organization to provide better customer service 18 through very different areas. 19 One of these that affects Community Development greatly is 20 going to a One Stop Shop and so, as part of this realignment, Mr. 21 Robert Kyle, our Building Official, will be overseeing the One Stop 22 Shop and Development Services Section, along with Permitting and 23 Inspections, as well as some other sections within the City organization 24 will all come together to form this One Stop Shop. So, basically all of 25 the staff will be reporting to Robert Kyle as of Monday, December 5th 26 and things will continue to proceed as you have normally seen it here 27 at the Planning and Zoning Commission. 28 But in the upcoming months you are going to start seeing some 29 new faces here. We currently have concluded our Senior Planner 30 hiring process and we hope to have our new Senior Planner on board 31 in January so you will see her coming on board probably at your 32 January meeting and then she'll be working with staff and, as we fill 33 vacancies for the Planner and Associate Planner, you will also see 34 some new faces coming to the Planning and Zoning Commission. But 35 1 wanted to thank you for all of your hard work with the Planning and 36 Zoning Commission and if you're ever at the Airport stop by and say hi. 37 So, it's been a pleasure. Thank you very much. I'd like to introduce 38 you to Robert Kyle. 39 40 Kyle: Good evening, Commissioners. As Cheryl said, Robert Kyle. I've 41 been with the City for just over seventeen years; have been an 42 Associate Planner, an Assistant Planner, a Planner, Senior Planner. 43 I've dealt with the Planning and Zoning Commission for about ten 44 years before becoming the Building Official for just almost the last six 45 years. So I'm looking forward to the new challenges of putting this 46 One Stop Shop together and hopefully it'll benefit how this Commission 16 1 operates and the information we're providing to the Commission, to the 2 Council, etc. and I look forward to working with all of you. 3 4 Scholz: Welcome, Mr. Kyle, and it'll be a pleasure working with you, I'm sure. 1 5 did want to say this about Cheryl leaving: I'm sorry to see you go. 6 We're really enjoyed you. You've done a great job and, in fact, when 7 you took this over, I think it was about four years ago, from Mr. 8 Banegas, I was hoping it would work smoothly and effectively and it 9 certainly has. If any of the other Commissioners would like to say 10 goodbye, go ahead. 11 12 Beard: Well, I definitely second that. It was a pleasure working with you. 13 14 Crane: I would like to thank Ms. Rodriguez for the excellent support she's 15 given the Commission. 16 17 Stowe: I'll add my voice to that, too. Thank you, Cheryl 18 19 Shipley: And I'd like to say it has it has been a pleasure. You're always very 20 prompt with answers and go out of your way to make everything come 21 together and we certainly appreciate it. Good luck to you and God 22 speed. 23 24 XI. ADJOURNMENT (6:46 pm) 25 26 Scholz: All right, if there's no other business before us then I declare this 27 session adjourned at 6:46. 28 29 30 1,-7 31 32 Chairman Date 17