Loading...
12-20-2011 City of las Cruces® PEOPLE N E L P I N 0 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, December 20, 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. 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. 111111. APPROVAL OF MINUTES 1. November 22, 2011 Regular Meeting IV. POSTPONEMENTS 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 IDP-46: Application of Carlos Estrada-Vega for an infill development proposal requesting the approval of a final plat for a subdivision known as Estrada Tracts on a 0.521 + acre tract located on the northeast corner of Camp Street and Fir Avenue; Parcel ID# 02-04660. Proposed Use: The one (1) existing tract will be subdivided into three (3) new lots where single-family homes will be developed. Council District 1. Page 1 of 2 2. Case Z2848: Application of Kenneth Ronald Sowell to rezone from RE (Single- Family Residential Estate) to R-1aC (Single-Family Medium Density-Conditional) on a 0.3933 ± acre lot located on the west side of Spitz Street, 290 ± feet north of its intersection with Jasmine Drive; a.k.a. 3615 Spitz Street; Parcel ID# 02- 20734. Proposed Use: A single-family residence; Council District 5. 3. Case Z2849: Application of Pillar Engineering LLC on behalf of Amani LLC to rezone from H (Holding) to R-3 (Multi-Dwelling Medium Density) on a 9.00 + acre lot located on the west side of Jornada Drive, 1,025 + feet north of its intersection with Peachtree Hills Road; Parcel ID# 02-41158. Proposed Use: A multi-family residential complex; Council District 5. VI. OLD BUSINESS VII. NEW BUSINESS 1. Case Z2846: An application of Leslie K. Skaggs to rezone from R-4 (Multi- Dwelling High Density & Limited Retail and Office) to C-1 (Commercial Low Intensity) and to numerically deviate from the required five (5) foot side yard setback to a zero (0) foot side yard setback on five (5) distinct lots located on the east side of Campo Street between Las Cruces Avenue and Organ Avenue in Area 2 of the South Mesquite Neighborhood Overlay Zone District; a.k.a. 204- 232 N. Campo Street, 330 E. Las Cruces Avenue & 313 E. Organ Avenue; Parcel ID# 02-06130, 02-06131, 02-06134, 02-06145 & 02-06155. Proposed Uses: Apartments, offices and low intensity neighborhood commercial uses; Council District 1. 2. Case Z2847: Application of Las Cruces DNMP IV, LLC on behalf of Southwest Engineering Inc. to rezone from C-2 (Commercial Medium Intensity) to C-3C (Commercial High Intensity-Conditional) on a 1.79 t acre lot located on the northwest corner of Mesa Grande and Calle Bella; Parcel ID# 02-34040. Proposed Use: A commercial retail store; Council District 5. 3. Case S-11-035: Application of Southwest Engineering Inc. for a major amendment to the Los Enamorados Estates Master Planned Area. The amendment proposes to modify the land use from commercial medium intensity to commercial high intensity. The major amendment is accompanied by a proposed zone change (Case Z2847) to a 1.79 + acre commercial lot known as "Lot Cl" from C-2 (Commercial Medium Intensity) to C-3C (Commercial High Intensity-Conditional). The subject property is located on the northwest corner of Mesa Grande and Calle Bella; Parcel ID# 02-34040. Proposed Use: A commercial retail store; Council District 5. 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 December 20, 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 14 BOARD MEMBERS ABSENT: 15 Donald Bustos, Member 16 Shawn Evans, Member 17 18 STAFF PRESENT: 19 Robert Kyle, Building and Development Administrator 20 Adam Ochoa, Acting Senior Planner 21 Lorenzo Vigil, Acting Assistant Planner 22 Mark Dubbin, CLC Fire Department 23 Rusty Babington, CLC Legal Staff 24 James VonSchriltz, CLC Fire Department 25 Diana Garcia-Parra, Recording Secretary 26 27 I. CALL TO ORDER (6:00 pm) 28 29 Scholz: Good evening and welcome to the Planning and Zoning Commission 30 for December 20, 2011. I'm Charlie Scholz, the Chair of Commission. 31 32 11. CONFLICT OF INTEREST 33 34 The first thing we have to ask is what we call our Conflict of Interest 35 Statement. So at the opening of each meeting, the chairperson shall 36 ask if any member on the Commission or City staff has any known 37 conflict of interest with any item on the agenda. Staff, any conflict? 38 No, I see everyone shaking their heads. Gentlemen, any conflict? 39 Okay. 40 Before we to the approval of the minutes, which is usually our first 41 order of business I want to introduce the members of the Commission 42 who are here tonight. On my far right is Commissioner Shipley. He is 43 the Mayor's appointee. Next to him is Commissioner Crane. He's our 44 Vice-Chair. He represents District 4. Next to him is Commissioner 45 Stowe who represents District 1. On my immediate right is our 46 Secretary and Commissioner Beard, who represents District 2 and 1 47 represent Council District 6. 1 1 2 III. APPROVAL OF MINUTES 3 4 1. November 22, 2011 Regular Meeting 5 6 Scholz: All right, the first order of business is the approval of minutes of the 7 November 22, 2011 Regular Meeting. Any additions or corrections to 8 the minutes, gentlemen? All right, I'll entertain a motion to approve. 9 10 Shipley: I move to approve the minutes. 11 12 Scholz: Okay, Shipley moves... 13 14 Beard: Second. 15 16 Scholz: Beard seconds. Thank you. All those in favor say aye. 17 18 All: Aye. 19 20 Scholz: Those opposed same sign. All right, the minutes are approved. 21 22 23 IV. POSTPONEMENTS - None 24 25 V. CONSENT AGENDA 26 27 Scholz: Okay. Then we move on to our Consent Agenda. This is how the 28 Consent Agenda works: the Consent Agenda is voted on by one vote 29 of the Commission but the first thing we do is ask if anybody in the 30 audience or anyone on the staff or anyone on the Commission wishes 31 to speak to any of these three items which are on the Consent Agenda. 32 33 Those items on the consent agenda will be voted by one motion with the 34 acceptance of the agenda. Any Planning and Zoning Commissioner, Staff or 35 member of the public may remove an item from the consent agenda for 36 discussion by the commission. 37 38 1. Case IDP-46: Application of Carlos Estrada-Vega for an infill 39 development proposal requesting the approval of a final plat for a 40 subdivision known as Estrada Tracts on a 0.521 + acre tract located on 41 the northeast corner of Camp Street and Fir Avenue; Parcel ID# 02- 42 04660. Proposed Use: The one (1) existing tract will be subdivided into 43 three (3) new lots where single-family homes will be developed. Council 44 District 1. APPROVED 5-0 45 46 Scholz: Okay, the first one is IDP-46. Anyone? 47 2 1 2. Case Z2848: Application of Kenneth Ronald Sowell to rezone from RE 2 (Single-Family Residential Estate) to R-1 aC (Single-Family Medium 3 Density-Conditional) on a 0.3933 + acre lot located on the west side of 4 Spitz Street, 290 + feet north of its intersection with Jasmine Drive; a.k.a. 5 3615 Spitz Street; Parcel ID# 02-20734. Proposed Use: A single-family 6 residence; Council District 5. MOVED TO FIRST ITEM UNDER NEW 7 BUSINESS 8 9 Scholz: All right. Case Z2848? And you folks with to speak to those? You're 10 not the applicant, I assume. No. Okay, thank you. We'll put that as 11 the first item under New Business. 12 13 3. Case Z2849: Application of Pillar Engineering LLC on behalf of Amani 14 LLC to rezone from H (Holding) to R-3 (Multi-Dwelling Medium Density) on 15 a 9.00 + acre lot located on the west side of Jornada Drive, 1,025 + feet 16 north of its intersection with Peachtree Hills Road; Parcel ID# 02-41158. 17 Proposed Use: A multi-family residential complex; Council District 5. 18 19 Scholz: Okay. Case Z2849? Anyone? Okay. So what we're voting on the 20 Consent Agenda tonight is items number 1 and 3: Case IDP-46 and 21 Case Z2849. I'll entertain a motion to approve. 22 23 Beard: So moved. 24 25 Scholz: Okay. So Beard moves. Is there a second? 26 27 Crane and Stowe: Second. 28 29 Scholz: Okay, Crane and Stowe tied there for a second. All those in favor say 30 aye. 31 32 All: Aye. 33 34 Scholz: Those opposed same sign. 35 36 VI. OLD BUSINESS 37 38 Scholz: All right, any Old Business, Mr. Ochoa? 39 40 Ochoa: No, sir, none tonight. 41 42 VII. NEW BUSINESS 43 44 Scholz: Okay, so our first case of New Business is Case Z2818 and you're up 45 and are you presenting, sir? 46 47 Ochoa: Yes, sir. 3 1 2 Scholz: All right, carry on. 3 4 Case Z2848: Application of Kenneth Ronald Sowell to rezone from RE 5 (Single-Family Residential Estate) to R-1 aC (Single-Family Medium 6 Density-Conditional) on a 0.3933 + acre lot located on the west side of 7 Spitz Street, 290 + feet north of its intersection with Jasmine Drive; 8 a.k.a. 3615 Spitz Street; Parcel ID# 02-20734. Proposed Use: A 9 single-family residence; Council District 5. APPROVED 4-1 10 11 Ochoa: Good evening, gentlemen. Adam Ochoa for Development Services, 12 for the record. The first case tonight is Z2848. It is a request for a 13 zone change from RE, which is Single-Family Residential Estate to R- 14 1aC, which is Single-Family Medium Density-Conditional for property 15 located at 3615 Spitz Street. 16 The subject property located here along Spitz Street just north 17 of Jasmine Drive, on the west side of Spitz Street here, highlighted 18 here in the light blue in the large block of RE zoned properties directly 19 east of what's basically part of the county. The property is located on 20 the west side of Spitz Street, approximately 290 feet north of its 21 intersection with Jasmine Drive. The subject property is currently 22 zoned Single-Family Residential Estate or RE and currently it 23 encompasses approximately 01933 acres in size. The subject 24 property is currently undeveloped. 25 As the property exists it does not follow the RE Zoning District 26 minimum lot size requirement of half-an-acre. Essentially the property 27 was annexed into the city with approximately 10 other acres in this 28 area and was given the RE zoning designation back in 1997. Tonight 29 the proposed zone change to R-1 aC, the Single-Family Medium 30 Density-Conditional zoning designation will facilitate not only 31 compliance for the subject property with the 2001 Zoning Code, as 32 amended, for lot size requirement it'll also facilitate the development of 33 the subject property with a single-family residence, which is what the 34 applicant has stated will happen with the property. In the condition on 35 the R-1 aC zoning designation it is basically requiring a minimum lot 36 size of 0.3933 acres for the proposed zone change to prevent for any 37 additional subdividing of the subject property and just to kind of keep 38 what's existing in that area as it is now with a row of larger lots on the 39 west side of Spitz Street adjacent to the more rural ETZ area in the 40 county, kind of keeping the buffer going that's existing there now. 41 Here's an aerial. I apologize. It's a little blurry but, as you can 42 see, it's the vacant property here along Spitz Street and here is the site 43 plan of that vacant property. The property here is also the property 44 owner of the larger southern properties as well. 45 Staff has reviewed the proposed zone change and, based on 46 the preceding findings, recommends approval with the following 4 1 condition: the minimum lot size requirement shall be a minimum of 2 0.3933 acres for the subject property. 3 The Planning and Zoning Commission is the recommending 4 Body to City Council for zone changes so your recommendation shall 5 be forwarded to City Council for final action. With that, your options 6 tonight, gentlemen are: 1) to vote "yes" to approve the request as 7 recommended by staff for case Z2848; 2) to vote "yes" to approve the 8 request with any additional conditions deemed appropriate by the 9 Board; 3) to vote "no" to deny the request, and; 4) to table/postpone 10 the case and direct staff accordingly. That is the completion of my 11 application. The applicant is here if you have any questions for her 12 and I stand for questions as well. 13 14 Scholz: All right. Any questions for this gentleman? Okay, may we hear from 15 the applicant, please? 16 17 Sowell: Hi, I'm Veronica Sowell and if you have any questions...I'm kind of 18 nervous. I don't have any questions. The property, as it sits, is not 19 usable. Because it's zoned RE we can't even put a garage on it and 20 we can't sell it and, with the economy, we've had some extra expenses 21 come up and we also have one coming up next year that we didn't 22 foresee. Our youngest daughter has skipped a grade so we'll have 23 two girls in college next year. So the other option besides putting a 24 dwelling on the property would be that we would be able to sell it. As it 25 is we can't sell it because it's not...you can't do anything with it. My 26 husband bought it about twenty-five years ago and at the time when 27 the City came in and annexed it they told us that the RE on it would not 28 be a problem. When I went in, I guess, a few months ago they told me 29 that it did not meet current lot requirements and that's why I'm here, 30 you know, asking for a zone change; and also, across the street they 31 have established a Schoeppner Estates and there's five or six lots right 32 across the street and I believe they're under 6,000 square feet each 33 lot. So I figured this would be what we would want; but under no 34 circumstances do we want it to be subdivided. We just want to make it 35 useable property. 36 37 Scholz: Right. Yeah, and the stipulation that was in the condition says that it 38 can't be subdivided... 39 40 Sowell: Yeah. That's fine. 41 42 Scholz: ...into a single (inaudible) size. Okay. Questions for this woman? 43 Anyone? Okay. Thank you. 44 45 Sowell: Thank you. 46 5 1 Scholz: May we hear from the public, please? Yes, the woman who raised her 2 hand. Give us your name, please. 3 4 T. Parrish: (inaudible— not near microphone) 5 6 Scholz: Thank you...and you'll have to speak close to the microphone, Ms. 7 Parrish. 8 9 T. Parrish: Okay. I came because I wanted to make sure that there weren't going 10 to be apartments that were going to be built in that area and there's a 11 problem with the property that's back there. Our neighbors that are 12 behind us who didn't get a notice of this meeting...none of our other 13 neighbors did either that we were able to talk to... we were the only 14 ones that got a notice. 15 16 Scholz: Um-hmm. 17 18 T. Parrish: So...anyhow the neighbors that are directly behind us are the latest 19 house that was built there, which is right next door to this lot. They 20 have two big ponds that are lined with big rocks and every time it rains 21 they still get water and sand up on their back porch. So there's just no 22 way to keep it from flooding there. In addition, four lots down...I'm 23 sorry, that's three lots down, three of these small lots down, is a big 24 arroyo and it's the mouth of the arroyo and when it rains the water 25 comes flooding out of there. In the past there's been water on that 26 street high enough to float boats and canoes. 27 28 Scholz: Um-hmm. Okay. Is that arroyo part of the city? 29 30 T. Parrish: I think it was deeded over to the City after the last time we met on this 31 issue. 32 33 Scholz: Okay. 34 35 T. Parrish: And so now the City gets to take care of it. What's there now in front of 36 that mouth of the arroyo is two temporary barricades and when it rains, 37 of course they get washed away. 38 39 Scholz: Okay. Anything else? 40 41 T. Parrish: No. That's all. Thank you. 42 43 Scholz: Okay. Thank you. 44 45 Crane: Mr. Chairman? 46 6 1 2 Scholz: Yes. 3 4 Crane: May I ask for a clarification... (inaudible — two people speaking at the 5 same time) 6 7 Scholz: Certainly. Ma'am? Ms, Parrish, Commissioner Crane has a question 8 for you. 9 10 Crane: Which is your property, please, in relation to the current property that 11 Ms. Sowell owns and where are you in relation to subject property? 12 13 T. Parrish: Okay. This is our property right here as close as I can tell. It's not 14 quite right. 15 16 Crane: Okay. Are you saying that the...where is this sand accumulating when 17 it floods? 18 19 T. Parrish: It's not sand. The water comes washing out of here and then this is 20 the house right here. Their whole back yard is unusable. There's 21 nothing back there but two big ponds to try to hold water. 22 23 Crane: Do you think developing this lot with a single house on it would be 24 detrimental to you? 25 26 T. Parrish: As a taxpayer, yes. 27 28 Crane: But you spoke of being unwilling to see an apartment house going 29 there; but what about a single-family? 30 31 T. Parrish: Well, a single-family, if it's not two-stories, which on that small of a lot it 32 probably will end up being...would be kind of an unattractive thing to 33 have behind us. 34 35 Crane: Thank you. 36 37 T. Parrish: One more? 38 39 Scholz: Yes. Commissioner Shipley. 40 41 Shipley: The house next door is a two-story house, isn't it? 42 43 T. Parrish: No, there's a house that's across the street... 44 45 Shipley: From you, yes. 46 7 1 T. Parrish: ...and down a little bit that's a two—story and... No, it's across... 2 3 Shipley: It's the lot next to the subject property. 4 5 T. Parrish: I think there's a two-story house right here. 6 7 Shipley: Just south of the subject property, is that two-story? 8 9 T. Parrish: It's kind of hard to tell. 10 11 Shipley: Adam, can you help her? And your house is across the street from 12 that. Is that correct? 13 14 Ochoa: Mr. Chairman, Commissioner Shipley, the home directly south of the 15 subject property is a two-story home. 16 17 Shipley: And that's the house that they live in now? 18 19 Ochoa: That is correct, sir. 20 21 Shipley: And the house across the street is the house that she lives in? 22 23 T. Parrish: No, I live back here. This is my house. 24 25 Shipley: Okay. 26 27 T. Parrish: I thought this was the subject property right here. 28 29 Shipley: No, it's across the street from that...on the other side of the street. 30 31 T. Parrish: But this is where the sign is. 32 33 Scholz: Well, the sign wasn't there this morning. It was in front of the property 34 this morning. 35 36 T. Parrish: Where I saw a sign was...I have no sense of direction. Do you want to 37 come and show them where it is? (to husband) 38 39 Scholz: Well, you live on the east side of the street, right? 40 41 T. Parrish: We live behind the property. 42 43 Scholz: Well, I was going to say that behind the property is a drain, I think, or 44 a... 45 46 8 1 2 D. Parrish: My name is Darrell Parrish. I live in the house that's behind the 3 Mayor's house. We live right here. Okay? 4 5 Scholz: Oh. Okay. So what is your address, sir? 6 7 D. Parrish: 3706 Mondale Loop. 8 9 Scholz: Oh, you're on Mondale Loop. You're a block away. 10 11 D. Parrish: Right here. All these neighbors...I went down there this evening. 12 Nobody got a notice at all. The reason we came...I was understanding 13 it was this property here... 14 15 Scholz: No. 16 17 S. Parrish: We had a fight five years ago with the Mayor, who lives here, bought 18 this property...his sister lives there...and they were trying to develop 19 these as low-income apartments...Mrs. Parker. This was a private 20 street at one time five years ago and the Mayor was trying to ramrod 21 this into apartments. The next thing you know he had this property 22 here and somehow it wound up being private property and he bought 23 it. (Ms. Parrish speaking in the background) 24 25 Scholz: The one we're talking about is across the street. 26 27 D. Parrish: Right. We thought this was the property here. 28 29 Scholz: No. 30 31 D. Parrish: But it's the one across the street; but it does flood all the way down 32 through here. 33 34 Scholz: Well, I think Commissioner Crane asked the question about: is 35 development of this property going to cause additional flooding? 1 36 can't see that it would. 37 38 D. Parrish: I don't know because the fact is the grade slopes from here. This 39 house here, the Mayor's ex-sister-in-law's or whatever, right here... 40 when it rains the water comes out from under these walls and bubbles 41 up into the yard up in and then it flows. 42 43 Scholz: Right. Okay, thank you, folks. There's a gentleman in the back who 44 wants to speak to this so I'll let him speak. Go ahead. 45 9 1 Schoeppner: Good evening, gentlemen. My name's Tim Schoeppner. I'm actually 2 the owner and developer of the property they are referring to, the six 3 lots there. I can clarify that later because if it has anything to do with 4 that we can maybe talk later and clarify some stuff. My concern with 5 this rezone is...I talked to Mr. Ochoa, I believe, Friday and what 1 6 understood was I'm afraid of a manufactured home going on the lot. 7 I'm having a hard time selling my lots as it is with the economy and 1 8 feel that if a manufactured home does go up on the lot, which he can 9 and we cannot guarantee, but there's a possibility; it will affect not only 10 my six lots but it will affect everyone else in the community. So that's 11 my major concern with it. That size a lot it's going to be tough to get a 12 house onto. I guess that's my main concern. I know there can't be an 13 answer for whether or not there is going to be a manufactured home. 1 14 know Mr. Ochoa stated that a trailer cannot go on their lot but I have 15 no real clarification on it. So that's my main concern as a owner of 16 property near there. 17 18 Scholz: What size are your lots? 19 20 Schoeppner: They're very similar to that, but my lots, the way I look at it is the 21 access of them. There's going to be a difficulty for them to sell the lot 22 to someone looking to build. That's going to be a tough lot for them to 23 sell. 24 25 Scholz: I'm sorry. What size are your lots, sir? 26 27 Schoeppner: I don't have the exact size. If I were to guess... 28 29 Scholz: How much an acre? 30 31 Schoeppner: They're about 0.3. They're very similar to what they're proposing and 32 that's where they came up with their number. 33 34 Scholz: Okay. This is slightly larger. 35 36 Schoeppner: Right. 37 38 Scholz: This is four-tenths-of-an-acre. I live on a third-of-an-acre lot right now. 39 They built a full-size home there back in '63 or whenever they built the 40 house. I don't see that a third-of-an acre or almost four-tenths-of-an- 41 acre would be a handicap to build a house there. 42 43 Schoeppner: Okay. 44 45 Scholz: If your lots are smaller than that then I would be concerned that then 1 46 would be concerned that.... 10 1 2 Schoeppner: I guess I have a hard time visualizing the way you access the land 3 because what I'm understanding it's trapped. It can't be. I thought 4 someone stated it was landlocked. 5 6 Scholz: No, it's not. No, it's open at the front. 7 8 Schoeppner: Okay. Okay. So that was my only concern, I guess, just that... 9 10 Scholz: Okay. Thank you. 11 12 Schoeppner: Thank you. 13 14 Scholz: Questions for this gentleman? Okay. Anyone else from the public 15 wish to speak to this? All right, I'm going to close it to public 16 discussion... Yes, Ms. Sowell? 17 18 Sowell: (inaudible— away from microphone) 19 20 Scholz: You'll have to come up to the microphone and speak, please. 21 22 Sowell: I have a plat plan of the Schoeppner Estates if you'd like to look at it to 23 see how small the lots are. They're like 5-almost-6,000 square feet 24 and he's got six on there. 25 26 Scholz: Yes, we do have a plat. Thank you. We've seen that. 27 28 Sowell: That's the only thing I had to say and also that we do not have 29 retaining ponds on back of that property. Runoff water does not go 30 through the property. Since the City has come in and when they 31 connected to City utilities the grade is such, on our property anyway, 32 that it goes down the street and it does hit that retaining pond at the 33 end of the street and it goes to the arroyo. 34 35 Scholz: Um-hmm. 36 37 Sowell: And it does have a wide front access so the property's not landlocked. 38 Is that okay? 39 40 Scholz: Thank you. 41 42 Sowell: That's it. 43 44 Scholz: Okay... 45 46 Crane: Question for Mr. Ochoa? 11 1 2 Scholz: Yes, Commissioner Crane. 3 4 Crane: Does anything prevent a manufactured home being put on that lot? 5 6 Ochoa: Mr. Chairman, Commissioner Crane, because of State Statute a 7 manufactured home is seen basically identical as a single-family site 8 built home so that comes down from the state so there's nothing from 9 he City standpoint that we could do. He cannot have a mobile home 10 on the property because it is zoned for single-family homes or 11 manufactured homes but it would have to meet the State definition, 12 which is essentially what the City definition is of a manufactured home; 13 which is minimum width, length, square footage and would have to be 14 manufactured past a certain date and so forth, sir. 15 16 Crane: Thank you. 17 18 Scholz: All right, any other questions? Okay, I'll entertain a motion to approve. 19 20 Shipley: I move to approve case Z2848 with condition. 21 22 Scholz: And would you read the condition, please? 23 24 Shipley: The condition is that the lot size shall not be less than 0.3933 acres. 25 26 Scholz: All right. Is there a second? 27 28 Stowe: Second. 29 30 Scholz: All right, Shipley moved and Stowe seconded. I'll call the roll. 31 Commissioner Shipley. 32 33 Shipley: Aye, findings, discussion and site visit. 34 35 Scholz: Commissioner Crane. 36 37 Crane: Aye, findings, discussion and site visit. 38 39 Scholz: Commissioner Stowe. 40 41 Stowe: Aye, findings, discussion and site visit. 42 43 Scholz: Commissioner Beard. 44 45 Beard: Nay, site visit, conditions and discussion. 46 12 1 Scholz: Okay, and the Chair votes aye for findings, discussion and site visit. 2 All right, so it's passed 4 to 1. Thank you, gentlemen. Thank you, 3 folks. 4 5 1. Case Z2845: An application of Leslie K. Skaggs to rezone from R-4 6 (Multi-Dwelling High Density & Limited Retail and Office) to C-1 7 (Commercial Low Intensity) and to numerically deviate from the required 8 five (5) foot side yard setback to a zero (0) foot side yard setback on five 9 (5) distinct lots located on the east side of Campo Street between Las 10 Cruces Avenue and Organ Avenue in Area 2 of the South Mesquite 11 Neighborhood Overlay Zone District; a.k.a. 204-232 N. Campo Street, 330 12 E. Las Cruces Avenue & 313 E. Organ Avenue; Parcel ID# 02-06130, 02- 13 06131, 02-06134, 02-06145 & 02-06155. Proposed Uses: Apartments, 14 offices and low intensity neighborhood commercial uses; Council District 15 1. APPROVED 5-0 16 17 Scholz: All right, that brings us to case Z2845. 18 19 Ochoa: The next case, as you stated, sir, is case Z2845. It is a request for a 20 zone change from R-4, which is Multi-Dwelling High Density and 21 Limited Retail and Office, to C-1, which is Commercial Low Intensity 22 Conditional. Along with that is an accompanying numerical deviation 23 from the required 5-foot side yard setback to a proposed zero-foot side 24 yard setback. 25 The subject properties that we are speaking of are located her 26 in the hashed-out light green boxes. They're directly across from the 27 old City Hall, kitty-corner from the Post Office, just to give you a 28 reference of where it is. The five properties are located on the east 29 side of Campo Street between Las Cruces Avenue to the north and 30 Organ Avenue to the south. All five subject properties combined 31 encompass a total of 0.96 acres. The subject properties are located in 32 Area 2, which is the original Town Site of the South Mesquite 33 Neighborhood Overlay Zone District and is directly adjacent, to the 34 west, to the Central Business District and Main Street Overlay Zone. 35 Currently the subject properties are being used for multi-family 36 residential dwellings and some limited office uses, which are allowed 37 by the R-4 Zoning District in the South Mesquite Overlay. 38 The applicant has stated there are a total of ten rental spaces or 39 units with each space being under 1500 square feet in size. The 40 proposed C-1 Zoning designation will allow the subject properties to be 41 used for multi-family, office and low-intensity neighborhood commercial 42 uses, essentially kind of a mixed use on those five properties. 43 The subject properties have frontage on Campo Street, Las 44 Cruces Avenue and Oregon Avenue. Campo Street is classified as a 45 Minor Arterial roadway and that is essentially where the majority of the 13 1 existing historical buildings have frontage and both Las Cruces Avenue 2 and Oregon Avenue are classified as Local roadways. 3 The South Mesquite Overlay does not require buildings 4 constructed prior to 1955 to provide any off-street parking. The 5 buildings that currently exist on the property were built in 1890 or 6 possibly even earlier, which they fit into this requirement so no off- 7 street parking is required. But if off-street parking is required or if the 8 intensity increases on the properties the property owner will be 9 required to provide fully improved off-street parking for the subject 10 properties. The South Mesquite Overlay Zone District also has 11 regulations and requirements for landscaping for all the properties 12 located within the District. 13 Here's an aerial. Again, I apologize about the blurriness...with 14 the majority of the buildings fronting along Campo Street here and 15 some along Oregon with a vacant property here along Las Cruces 16 that's part of the five. Here is a site plan better showing that with that 17 vacant lot along Las Cruces. The two lots on the corner of Las Cruces 18 and Campo with the building there and there's that zero lot line that 19 we'll be speaking about soon and the other two subject properties on 20 the corner of Campo Street and Oregon with the building also 21 straddling on the property line there. 22 Speaking about the variance now, the South Mesquite 23 Neighborhood Overlay Zone District requires all properties to provide a 24 minimum 5-foot side yard setback. The applicant is requesting a 5-foot 25 variance to the minimum required side yard setback to allow a zero- 26 foot side yard setback. Essentially, the existing structures are currently 27 attached to each other on those property lines making a zero-foot side 28 yard setback along the majority of the properties. The construction of 29 these structures predate any type of setback requirements required by 30 the City of Las Cruces so that is something to take into mind, as well 31 as there are actual exceptions and modifications allowed by the 2001 32 Zoning Code that allow zero-foot setbacks for residential, office and 33 commercial buildings as long as certain conditions are met, which 34 these properties would be able to meet those conditions. But, because 35 of the South Mesquite Overlay that the properties are located in it calls 36 out only for a 5-foot side yard setback. That's essentially why the 37 property owner is seeking for the variance. 38 On November 17, 2011 the South Mesquite Design Review 39 Board, or SMDRB, reviewed the proposed zone change and variance. 40 At the meeting staff made a recommendation to the Board of approval 41 of one condition for the proposed zone change. The condition stated 42 that: no off-street parking shall be permitted on the subject properties 43 until such time that the parking area is fully improved and follows all 44 requirements of the 2011 Zoning Code, as amended, and the City of 45 Las Cruces Design Standards. During the meeting the Board 46 discussed the matter of either requiring the applicant to follow parking 14 1 requirements of the 2011 Zoning Code or the 1981 Zoning Code, 2 which is how the South Mesquite Overlay was essentially adopted. 3 That's the reason why the South Mesquite Overlay was brought in. In 4 the end, though, the Board did remove the proposed condition for the 5 proposed zone change and recommended approval without conditions 6 for the proposed zone change and accompanying variance. 7 With that tonight, gentlemen, your options are: 1) to approve the 8 zone change request and the accompanying variance as 9 recommended by the South Mesquite Design Review Board for case 10 Z2845; 2) to approve the zone change request and variance with 11 additional conditions as deemed appropriate by the Board; 3) to deny 12 the zone change request and variance, or; 4) to table/postpone the 13 proposed case and direct staff accordingly. That is the conclusion of 14 my presentation. The applicant is here for questioning as well and 1 15 stand for questions. 16 17 Scholz: All right. Questions for this gentleman? Okay, may we hear from the 18 applicant, please? 19 20 Skaggs: My name is Leslie Skaggs and I am the property owner. I've owned it 21 for almost twenty years now. I grew up in Las Cruces, you know...life 22 time resident and I'm very much interested in keeping with the theme 23 of the historic area. I lived in Mesilla and really kind of got a taste of 24 that and I bought this property twenty years ago and, you know, I can 25 kind of see that same Mesilla-charm down there on Campo Street. So 26 1 don't really want to change anything a whole lot. I just want to be 27 able to put an art gallery in, a small retail business and that's about it. 28 It's pretty simple. 29 30 Scholz: All right. Questions for this gentleman? Commissioner Beard. 31 32 Beard: And you can't do that under the existing Code? 33 34 Skaggs: I can't even put an art gallery in it at this time. 35 36 Beard: So... 37 38 Skaggs: That's what brought it all up was I had somebody that wanted to put an 39 art gallery in. I had a chiropractor that wanted to put an office there. 1 40 had a natural healing person, a massage therapist and nobody could 41 get a business license. I've been paying property tax on commercial 42 property tax since I bought the building. The gentleman that I bought 43 the business from, Ed Laughlin, he was a subcontractor with NASA 44 and he was doing business there so I really thought I was commercial 45 and when all this came up it caused me to need to rezone. 46 15 1 Beard: Maybe the City could explain what Limited Retail means if you can't 2 put an art gallery in there. 3 4 Ochoa: Mr. Chairman, Commissioner Beard, the R-4 is, I guess, a title of Multi- 5 Family, High-Density and Limited Retail and Office essentially adopted 6 from the 2001 Zoning Code. But with the South Mesquite Overlay the 7 R-4 Zoning District in the South Mesquite Overlay limits the type of 8 uses even more to that than the actual 2001 Zoning Code itself. So if 9 this was just zoned R-4 outside of the South Mesquite Overlay there 10 was a possibility for him to use the property for mixed-use, multi-family, 11 limited office and limited retail, very limited retail. It would have to be 12 kind of secondary to whatever office or service uses went on the 13 property. But since it's under the South Mesquite Overlay the 14 subsequent Overlay further restricts the actual uses on there. So 15 essentially the only real office or commercial of it you can have on the 16 property under the South Mesquite Overlay are very limited, low traffic 17 office like architect, engineer, and so forth. 18 19 Beard: Thank you. I have another question for the applicant. Can you explain 20 in more detail why you want the zero setbacks? 21 22 Skaggs: Well, the property line...when they built those buildings, I mean it's just 23 one big, long building and the property line goes right down...you 24 know, the buildings are connected so... 25 26 Beard: That's the way it is right now? 27 28 Skaggs: Right. 29 30 Beard: You just want to continue that then? 31 32 Skaggs: Yes. 33 34 Beard: You're not going to destroy those buildings? (all laughing) 35 36 Skaggs: No. They've been there for a hundred years and I intend on keeping 37 them that way. 38 39 Beard: Thank you very much. 40 41 Scholz: I might mention, too, that the latest planning in urban areas, particularly 42 in downtown areas is to bring the places right to the property line 43 again, you know, bring them right up to the sidewalk to make them 44 more pedestrian-friendly or something so you're actually ahead of the 45 curve there in thinking that way. 46 16 1 Skaggs: Cool. 2 3 Scholz: Another question? No. All right, thank you very much, Mr. Skaggs. Is 4 there anyone from the public who wishes to speak to this? Yes, sir. 5 Come on up and identify yourself. 6 7 Flores: Hello, my name is Dennis Flores and I'm also a property owner within 8 the South Mesquite Historic District and I've known Mr. Skaggs for a 9 number of years and don't have an issue with him and I'm not here to 10 put the brakes on his desires to rent out to the people that he'd like to 11 rent out to, a chiropractor, a small business. 12 The reason I'm here is I own an insurance business that has 13 frontage right on Campo Street. Next door to that on Organ Street 1 14 have a single-family one-bedroom apartment unit. It's rented out. To 15 the east of that is our single-dwelling home. To the south of my office 16 is a piece of property owned by the ex-Mayor and that's zoned 0-1. 17 Recently that was rented out actually to one of the popular nutrition 18 clubs in town. They actually went out and got a business license to 19 operate as a dance instructional place and they also allowed them to 20 run a supplemental juice bar. Well, it's neither or both and for six 21 months we had to deal with a loud thumping system. They had a 22 discotheque system that they were thumping and we had to deal with 23 that. It was through a number of calls to Codes that we finally got that 24 issue taken care of. Nevertheless, they're still not using the property 25 within the 0-1 zoning. 26 Just one of my concerns and, again, I'm not here to prohibit him 27 from what his intents are. My intent is just to preserve my rights as a 28 neighbor. My house is directly on Organ Street. Just listening to what 29 was said about the parking I thought, "Well, if that parking wasn't 30 accessible and they had clients that might not want to park in their lot 31 they may attempt to park in the narrow street." It's Organ and it only 32 allows for parking on one side of the street. 33 1 thought that that was an issue; but also maybe down the road 34 if Mr. Skaggs sells the property if it's zoned C-1 that opens the door for 35 numerous other things that my neighbors and I, as residential tenants 36 or residential members of the community, might have to deal with; 37 other things such as if it's zoned C-1 that would allow for possibly 38 zumba dance studios that I had to deal with. So those are a few of my 39 concerns and I would like to just say that if we could look at this a little 40 bit more carefully to avoid having the homeowners in the area be 41 subject to any type of commercial uses that would be greatly 42 appreciated by myself and the few neighbors that I have talked to. And 43 again, I get along with Mr. Skaggs and my intent is not to prohibit him 44 from renting to the people that he's talked to me about but later on 45 down the line if that was to change or he was to sell the property a C-1 46 zone would most certainly enable a pretty wide array of business 17 1 entities to actually operate there if they went ahead and corrected the 2 parking issue. So those are some of my concerns that I'd like to see if 3 we might consider for discussion or down the road. 4 5 Scholz: All right. Questions for this gentleman? Commissioner Shipley. 6 7 Shipley: I just have one comment and it's addressed to Mr. Ochoa, but I believe 8 that the requirements for the City for C-1 are also supplemented by the 9 South Mesquite District so there are things that limit it even further 10 above the C-1; and I think you are probably a member of the South 11 Mesquite so that should be something you should be able to research 12 to find out what's actually allowed in there because they're very 13 restrictive on what kinds of businesses can go in there. 14 15 Ochoa: Mr. Chairman, Commissioner Shipley, that is correct. It's kind of like 16 with the R-4 Zoning District. The C-1 Zoning District of the South 17 Mesquite does further limit the allowed uses than what the 2001 18 Zoning Code allows as well. Not only that but it even goes further on 19 limiting square footage of actual businesses, which is actually 1500 20 square feet, which is all of Mr. Skaggs all of his suits are under 1500 21 square feet so there's no issue with that. So the South Mesquite 22 Overlay reiterates time and time again that this is supposed to be for 23 low-intensity, neighborhood, commercial uses; that it's a benefit 24 towards the neighborhood. That's basically the way the Code reads, 25 sir. 26 27 Scholz: All right, and, Mr. Ochoa, that would, I assume, a sale of that property 28 would include those conditions then, you know, because it's still in the 29 Mesquite District. 30 31 Ochoa: Mr. Chairman, that is correct. 32 33 Scholz: Okay. Another question, Commissioner Shipley? 34 35 Shipley: Another thing I would point out is: with regards to your neighbor that 36 you had a problem with your action was exactly right. You should go 37 to Codes if they're non-compliant. But you also should register a 38 complaint with Community Development about having a business 39 license if they're not following that license and then that can be 40 resolved through the City, as well. 41 42 Flores: Thank you for your comment. I actually did bring that up to David Weir 43 and found that it was more beneficial for me to make the appeal 44 through Codes over the several months because I didn't get a whole 45 lot of resolution other than submitting a large monetary amount and an 46 application to go before the community. So at that point, since there 18 1 was noise issues within the city, we chose to follow it that way and it 2 was resolved but it was about a six-month process and we had to deal 3 with it every night. So, again, I am familiar with some of the concerns 4 or some of the stipulations within the South Mesquite Overlay but, 5 again, I'm not trying to put the brakes on him. There were some 6 concerns that I had that I wanted to put on the records and make sure 7 that my voice was heard on that. 8 9 Scholz: Good. Well, thank you for speaking up. I appreciate it. Thanks. 10 Anyone else from the public wish to speak to this? Okay, I'll close it for 11 public discussion. Gentlemen, what is your pleasure? 12 13 Crane: I move that application Z2845 be approved. 14 15 Scholz: All right. That was Commissioner Crane. 16 17 Beard: Second. 18 19 Scholz: And Commissioner Beard seconds. All right, I'll call the roll. 20 Commissioner Shipley. 21 22 Shipley: Aye, findings, discussion and site visit. 23 24 Scholz: Commissioner Crane. 25 26 Crane: Aye, findings, discussion and site visit. 27 28 Scholz: Commissioner Stowe. 29 30 Stowe: Aye, findings, discussion and site visit. 31 32 Scholz: Commissioner Beard. 33 34 Beard: Aye, site visit, conditions and discussion. 35 36 Scholz: Okay, and the Chair votes aye for findings, discussion and site visit. 37 So it passes 5-0. 38 39 2. Case Z2847: Application of Las Cruces DNMP IV, LLC on behalf of 40 Southwest Engineering Inc. to rezone from C-2 (Commercial Medium 41 Intensity) to C-3C (Commercial High Intensity-Conditional) on a 1.79 t 42 acre lot located on the northwest corner of Mesa Grande and Calle Bella; 43 Parcel ID# 02-34040. Proposed Use: A commercial retail store; Council 44 District 5. APPROVED 5-0 45 46 3. Case S-11-035: Application of Southwest Engineering Inc. for a major 47 amendment to the Los Enamorados Estates Master Planned Area. The 19 1 amendment proposes to modify the land use from commercial medium 2 intensity to commercial high intensity. The major amendment is 3 accompanied by a proposed zone change (Case Z2847) to a 1.79 + acre 4 commercial lot known as "Lot Cl" from C-2 (Commercial Medium 5 Intensity) to C-3C (Commercial High Intensity-Conditional). The subject 6 property is located on the northwest corner of Mesa Grande and Calle 7 Bella; Parcel ID# 02-34040. Proposed Use: A commercial retail store; 8 Council District 5. APPROVED 5-0 9 10 Scholz: Our next one is a two-parter: it's case Z2847 and I imagine we should 11 consider these things at the same time, right? 12 13 Ochoa: Yes, sir. I'd like to ask you to suspend the rules, please. 14 15 Scholz: Okay. We'll have to suspend the rules. 16 17 Shipley: I move to suspend the rules on case Z2847 and S-11-035. 18 19 Scholz: Thank you, Commissioner Shipley. Is there a second for that? 20 21 Crane: Second it. 22 23 Scholz: Okay, Commissioner Crane seconds. All those in favor of suspending 24 the rules say aye. 25 26 All: Aye. 27 28 Scholz: Those opposed same sign. All right, the rules are suspended so we 29 can discuss these two things at the same time. 30 31 Ochoa: Thank you, gentlemen. The last two cases tonight are case Z2847 and 32 case S-11-035. They are a zone change request from C-2, 33 Commercial Medium Intensity, to C-3C, Commercial High Intensity- 34 Conditional, and a master plan amendment for 1.79 acres known as 35 Lot C of the Los Enamorados Estates Master Plan. I'm going to kind of 36 zoom down on the vicinity map a bit more since it is the East Mesa to 37 give you a little bit more, I guess, better detail of a farther away detail 38 of where this property's at from Bataan Memorial heading north on 39 Mesa Grande Drive the subject property is located right there on the 40 northwest corner of Calle Bella and Mesa Grande Drive. The subject 41 property is located on the northwest corner of Mesa Grande and Calle 42 Bella. 43 The subject property is currently zoned C-2, Commercial 44 Medium Intensity. The subject property currently encompasses 1.79 45 acres and is currently undeveloped. It is also known as Lot C1 of the 46 Los Enamorados Estates Master Plan. The existing C-2 zoning 20 1 designation on the subject property has a maximum size lot 2 requirement of one acre. That is essentially what the zone change is 3 for. The subject property currently exceeds the one-acre maximum lot 4 size requirement of the C-2 Zoning District. The proposed C-3C, 5 Commercial High Intensity-Conditional zoning designation will facilitate 6 compliance for the subject property with the 2001 Zoning Code when it 7 comes to maximum lot size requirement. The actual condition placed 8 on the C-3C zoning designation is that the uses on the property be 9 limited to C-2 Zoning District uses; that condition being placed on there 10 to try to keep essentially what's allowed and existing on the property 11 exactly the same as it is even though the zoning designation is 12 changing, the land uses will not change on the property. 13 With that zone change we also need to do an amendment to the 14 Los Enamorados Estates Master Plan. The subject property is part of 15 a 39.121-acre Master Plan known as Los Enamorados Estates, which 16 is, as for some history, was annexed into the city and master planned 17 back in 2005. The proposed master plan amendment is only for that 18 1.179-acre lot, known as Lot C1 of the Los Enamorados Estates 19 Master Planned area. The proposed amendment shall modify the 20 allowed uses for that subject property from Commercial Medium 21 Intensity to Commercial High Intensity uses just to essentially 22 accompany the zone change. That's what it's for so the proposed 23 master plan amendment will accompany the proposed zone change 24 from C-2 to C-3C for the subject property. No other changes are being 25 proposed currently for the Los Enamorados Estates Master Plan. 26 Here is an aerial of the subject property. Just to give you a little 27 bit of reference, this is actually the beginning point of Los Enamorados 28 Estates with two commercially zoned properties that goes into a bunch 29 of single-family, high-density lots on Calle Bella here and, again, to the 30 north of this property is actually ETZ, the county. 31 Here's a site plan of the proposed plot lot again. It's commercial 32 lot C1. It's getting a zone change from C-2 to C-3C, essentially 33 keeping those C-2 uses by putting a condition on the C-3 Zoning 34 District limiting uses on the subject property to C-2 uses. 35 Here's a proposed improvement plan that the applicant has for 36 that property. The property, essentially, is going to be developed as 37 one large lot. That is what the zone change and the master plan 38 amendment are for. If the property were to be subdivided, which is 39 basically from research of final plat and so forth for this area, staff 40 found out that the intent for the property was to be subdivided to follow 41 to follow those C-2 Zoning District requirements for lot size; but since 42 this property will be developed as one large lot for one use the zone 43 change and master plan amendment are required. 44 This proposed master plan amendment was taken to the 45 Development Review Committee, or DRC, on December 7, 2011 and, 46 after some short discussion the DRC recommended approval for the 21 1 master plan amendment. Staff also reviewed the proposed zone 2 change and recommended approval based on the preceding findings 3 with the following condition. The condition is: that the land uses 4 permitted on the subject property shall be limited to C-2 Commercial 5 Medium Intensity Zoning District uses. The Planning and Zoning 6 Commission is a recommending Body to City Council for zone change 7 cases and, essentially, this master plan amendment will be 8 accompanying the zone change to City Council 9 10 Scholz: All right. Questions for Mr. Ochoa while his voice still is there. No 11 questions. May we hear from the applicant, please? 12 13 Pompeo: Good evening, Mr. Chairman and Commissioners. My name is Paul 14 Pompeo with Southwest Engineering. I do have a presentation but it 15 pretty much mirrors what staff has so, for the sake of time, I'll skip that 16 and stand for any questions that you might have. 17 18 Scholz: All right. Any questions for Mr. Pompeo? No? Do you have a client? 19 I'm curious. 20 21 Pompeo: Well, actually, Southwest Engineering is the owner of the property. 22 23 Scholz: Oh! Okay. 24 25 Pompeo: And so their applicant came in with the...well, you saw the site plan for 26 the development of, I believe, a Dollar General Store so we're in the 27 process of trying to convey this property to them and, in the course of 28 that business transaction, that's when the issue of the lot size and the 29 zoning came up. So to try to expedite their issue with the zoning and 30 since I own it I'm stepping in to that tonight. 31 32 Scholz: All right. I missed that. Commissioner Beard just pointed out that it 33 was in our packet as well. Okay, no questions for this gentleman 34 then? Thank you very much, Mr. Pompeo. 35 36 Pompeo: Thank you. 37 38 Scholz: Okay, anyone from the public wish to speak to this? I don't see 39 anyone from the public here. Are your children interested in saying 40 something, Mr. Vigil? Obviously not. Okay, I'll entertain a motion to 41 approve. Mr. Kyle, you have a question or comment? 42 43 Kyle: Yes, Mr. Chairman, just a point of clarification. We need to put the 44 wheels back in motion... 45 46 Scholz: Rise from the... 22 1 2 Kyle: ...make a motion separately on each case. 3 4 Scholz: Absolutely. Yes. 5 6 Shipley: I move to reinstate the rules. 7 8 Scholz: Thank you, Commissioner Shipley. Is there a second to that? 9 10 Stowe: Second. 11 12 Scholz: Commissioner Stowe seconds. All those in favor of reinstating the 13 rules say aye. 14 15 All: Aye. 16 17 Scholz: And those opposed same sign. All right, the rules are back in place 18 now what we do is vote initially on the zone change. I'll entertain a 19 motion to approve case Z2847. 20 21 Crane: So moved. 22 23 Scholz: Is there a second? 24 25 Beard: Second. 26 27 Scholz: Yes, that was Crane moved and Beard seconded. Yes, Commissioner 28 Crane, would you read the conditions, please? And turn your mike 29 back on, Mr. Crane. 30 31 Crane: With the condition that the land uses permitted on the subject property 32 shall be limited to C-2 Commercial Medium Intensity Zoning District 33 uses. 34 35 Scholz: Thank you. All right, I'll call the roll. Commissioner Shipley. 36 37 Shipley: Aye, findings, discussion and site visit. 38 39 Scholz: Commissioner Crane. 40 41 Crane: Aye, findings, discussion and site visit. 42 43 Scholz: Commissioner Stowe. 44 45 Stowe: Aye, findings, discussion and site visit. 46 23 1 Scholz: Commissioner Beard. 2 3 Beard: Aye, findings, discussion, site visit. 4 5 Scholz: And the Chair votes aye for findings, discussion and site visit. All right, 6 I'll entertain a motion for case S-11-035, which is the major 7 amendment to the master plan. 8 9 Shipley: So moved. 10 11 Scholz: Okay. Shipley moves. Is there a second? 12 13 Beard: Second. 14 15 Scholz: Beard seconds. All right, I'll call the roll. Commissioner Shipley. 16 17 Shipley: Aye, findings, discussion and site visit. 18 19 Scholz: Commissioner Crane. 20 21 Crane: Aye, findings, discussion and site visit. 22 23 Scholz: Commissioner Stowe. 24 25 Stowe: Aye, findings, discussion and site visit. 26 27 Scholz: Commissioner Beard. 28 29 Beard: Do we need to include the conditions on this one also? 30 31 Scholz: No. 32 33 Beard: No. 34 35 Scholz: Because this is an amendment to the master plan. 36 37 Beard: Okay. Aye, discussions, site visit. 38 39 Scholz: And the Chair votes aye for findings, discussion and site visit. So they 40 both passed 5-0. 41 42 VIII. OTHER BUSINESS 43 44 Scholz: Any other business before us today? Gentlemen, anything? 45 46 Ochoa: No, sir. 47 24 1 IX. PUBLIC PARTICIPATION 2 3 Scholz: Anything from Public Participation? You said your girls don't want to 4 speak... so one of them's asleep. 5 6 X. STAFF ANNOUNCEMENTS 7 8 Scholz: Were there any Staff Announcements? I understand Ms. Revels came 9 and said goodbye to us today because she's retiring. Well, that's 10 astonishing. She looks so young. 11 12 Ochoa: That is correct, sir. Next week will be her last week with the City, sir. 13 14 Scholz: Wonderful. Okay. 15 16 Kyle: Mr. Chairman, if I may? 17 18 Scholz: Yes. 19 20 Kyle: Robert Kyle, Community Development. I just wanted to advise and 21 remind the Commission that your January meeting will be your annual 22 business meeting. We'll do our Notice of Reasonable Notice and we'll 23 elect officers. 24 25 Scholz: Yes, I warned the gentlemen about that earlier today so I think they're 26 prepared. 27 28 XI. ADJOURNMENT (6:55 pm) 29 30 Scholz: Well, if that's all we have I'd like to wish everyone a Merry Christmas, a 31 Happy New Year, a Happy Hanukah, enjoy Kwanzaa and however 32 else you celebrate the holidays and we are adjourned at five minutes 33 to seven. 34 35 36 �c( /? _ 37 Chairmanate 25