[Music]
good evening this is the Planning and
Zoning Commission today is to see may 26
2012 time is 6 p.m. our first order of
business is called to order
why don't you just raise your hands yeah
I see we have one two three four five we
have five commissioners here so we have
a quorum so we can start the next order
is conflict of interest so we have five
cases on the agenda tonight
does anybody have a conflict of interest
with any of the cases so you shake your
head snow I can I can see all of you so
I see all knows all right there's some
advantages to this zooming okay so we
don't see any conflict of business the
next item is approval of minutes so I
need a motion and a second to approve
the minutes okay
yes rush Smith motion to approve minutes
second it's meeting any discussion I
read get your I mean oh yeah we can do
mine did you say aye
next is postponement we don't have any
after that it's public participation we
don't have that either because we're not
meeting basically so next item is the
consent agenda so I need a motion to a
second to prove the consent agenda I
make a motion that we approve the
consent agenda a second motion by
Commissioner Bennett you're a second
madam chair resteth second the motion
second by Commissioner Smith it's been
moved and seconded that we approve the
consent agenda
any comments or any information from
anybody else okay then again I will just
go with say I or all right the next is
all business we don't have any old
business and then we're on new business
so John Moscato
we just passed yours on the consent
agenda
you have to unmute yourself very good
thank you oh you don't need to say
anything it was a short meeting for you
very good thanks okay thanks new
business the first case is 2 0 z 0 o 2 2
0 z o 0 v zone change I need a motion
and a second to approve that case madam
chair ResNet motion to approve
and that's again case two zeroes z o 0 5
0 0 0 32 is there a second second
Commissioner Brandon here Faceman moved
and seconded that we approved case 2 0 0
0 5 0 0 0 3 2 we have a presentation we
do have a presentation let me go ahead
and share my screen for the Commission
[Music]
do you hear me yes I can hear you thank
you okay so now while she's presenting
though you need to neut your microphone
and then when you want to speak unmuted
it's over in the left hand corner
there's a little microphone yeah okay
you got it you made it
good so I'm still working on this only
because it's not finding the one
presentation they need to present right
now everything else is opening up so let
me see I can open really not see
okay can everybody see my screen yes yes
yes we have your screen start up yeah I
think so we do have a property that is
requesting a zone change from our four
which has high density limited office
district 202 professional office was
limited no service property is as stated
located within the South mesquite
overlay district that is why the arc
designation is high-density residential
and limited office district as opposed
to intensity's property is currently a
vacant single-family residence and the
structure was built in 1920 and then
remodeled in 1940 which his wife as a
contributing status and are registered
with the state here's a zoning map of
the subject property as you can see it's
highlighted in yellow it is owned our
for rounding this property is also our
four and c1 which is our commercial
districts or zoning designations within
South mesquite and to the west is also
our Downtown Development District here's
an aerial map of the subject property as
you can see it is basically a
single-family dwelling that is located
just north of the attorney's office that
is on the south side there's a
single-family residence to the east
you have vacant land to the north and
then you have the Federal Building which
is outlined on to the west side so the
applicant is requesting to go to FD
which is professional office with
limited service in order to provide low
intensity professional office they are
looking to expand the attorney's office
that is located to the south and it
purchased this property in order to
redevelop it and use it from our office
base for their constituents and then
members of the public with the process
they will still have to meet all of the
zoning building and fire codes as well
as the South mesquite overlay design
requirements in reestablishing the you
now currently the adjacent land uses are
basically baking a professional office
single-family finance financial
institution and then federal buildings
so this makes it
compatible because we now see the
transitional zone between our Downtown
Development commercial and there leads
us into our residential district that is
towards the east here's the proposed
site plan of the subject property that's
the existing building and with the
development the applicant is going to go
ahead and provide parking that would not
be required by code within South
mesquite overlay you can use on street
parking for your designation if the
building has been constructed prior to
1955 however they do feel that they do
need to accommodate for the constituents
so they'll provide parking they'll
provide landscaping and just improve the
property within this district staff to
send out um review to all the relevant
agencies there was support from all
staff we also did send out for the South
mesquite design review board meeting
that took place on May 6th earlier this
month
South mesquite review board did
recommend approval because they would
like to see the building go ahead and be
utilized for something and then based on
its allocated on compo they did feel
that there is that need in that
transition zone as well notice was sent
to the surrounding property owners and
we have not received any public input
for either hearing so far so with that
staff is recommending approval for the
findings found within your staff report
that include infill development within
elevate even though it is not part of
South Muskies plan to have infill
development anymore we are still
encouraging infill for vacant properties
and vacant buildings it does support the
2001 zoning code as well as other plans
and policies as far as moving
development forward and creating this
downtown development code and South
mesquite transition point as moving
forward so I leave you this evening with
options to vote yes and approve vote no
to deny once again if you do choose to
deny please provide facts of finding
that were not found within your staff
report due to they were recommending
approval loto men are wrote to table and
I stand for any questions thank you
or I sit for any questions commissioner
so comments from anybody I don't see
anybody raising their hands
no comments okay and we don't have any
public input nobody contacted you there
that is correct madam chair Sara
Gonzales for the record we did not
receive any public input for this case
moving forward okay so I guess we can go
ahead and vote okay so we'll start with
I'm just going to go the way the list is
on my screen so Commissioner Gordon how
do you vote yes I'm their presentation
commissioner Bennett I go yes based on
staff recommendation I think it's a
great connection is Germany's I vote yes
because I feel it's important if we
start filling old buildings and renewing
them thank you sorry I think it's a good
deal is for a second a wait sorry yes
based on also staff recommendations and
just uh
I like downtown and I like seeing more
stuff more business more stuff downtown
so yes Commissioner Smith I'm here I
vote yes
serves infill serves elevate Los Cruces
I think it's a great privilege having
the extra parking space off street that
they're taking advantage of I think it's
a great plan and the chair votes yes
based on staff recommendation site visit
and the fact that the mesquite overlay
also accepted it so we are one two three
four five that's right right six to zero
not five madam chair this is Sarah for
the record we have six because we were
just missing one Commissioner today I
would only miss you want
oh that's right we were waiting for it
LaVon bebote so passes motion passes six
to zero next case is case two zero zero
zero five zero zero four seven so I need
a motion to approve in a second
Commissioner Gordon okay I like in the
commotion where we have oh it's I'm
sorry I think your motion that we
approve to 0 Z zero zero five zero zero
four seven
thank you is a second no emotion to a
second it Commissioner go right over
here okay so it's moved in second is
that we case number two four seven
is there a patient there is a
presentation I'm Sara Gonzales for the
record again with community development
and everybody to see my screen okay so
once again we have another proposed own
change which is going to be from our
four multi-dwelling high density limited
rate on office to c2 for commercial
medium intensity
he is currently located in 1950 south to
Shore Boulevard in his zoned r4 which
currently allows for multi-family
dwelling units as well as limited retail
within those spaces
property encompasses 0.67 acres in size
it is vacant when the surrounding
property includes commercial office
single family and then multi-family as
well here's a zoning map of the subject
property as you can see it is located on
the northwest corner of fairway Drive
and Tauscher Boulevard north of that
property is c2 c3 open space
recreational on the east side you
definitely have multifamily which is our
three zoning designation and then South
you have multifamily as well as
single-family here's a area of the
subject property in the surrounding area
as you can see there are definitely
mixed uses within this area as for his
commercial multi-family housing
single-family and you can see that the
property is currently vacant the
applicant is requesting the C to
commercial medium intensity zone change
in order to develop a shopping center
for low intensity commercial uses
meaning that the intention would be to
put in a coffee shop or a deli
neighborhood bakery dry cleaning
specialty stores low intense nature to
where people can walk or bike and
provide goods and services within the
area c2 is a recommended zone for
principal arterial roadways and this
does comply with the zoning code as well
as elevate las cruces and the reason we
say that it come it complies with
elevate las cruces our comprehensive
plan is because in moving forward with
this project it now allows for
commercial uses but it doesn't remove
the multifamily so c2 zoning designation
still allows us to keep the multifamily
zoning district and provide apartments
if they're necessary or we can go ahead
and put in the commercial use so we
actually gained components as opposed to
eliminating staff did send out to all
relevant agencies and departments which
did support the zone change as well and
notice was surrett to the surrounding
property owners and staff did receive
one phone call in support of the
proposed own change saying that there is
a need for something that's going to be
small they would love to see a coffee
shop or deli go into that location so
that way they could walk to those areas
so with that staff is recommending
approval it is a vacant property in an
established area that we would like to
see get developed the zone change
request allows for definitely multiple
commercial uses and also will allow for
multifamily which is something that is
currently allowed now so it increases
the uses and the potential of that
property in the area it's located on a
principal artery roadway which is a
recommended commercial use and it's
supported by our zone change or zoning
code as well as elevate comprehensive
plan the with that staff is recommending
approval so your options would be to
vote yes and approve well no to deny if
you do choose to the night please
provide facts of finding that were not
found within your staff report vote to
amend or vote to table as stated zone
changes are recommending body from pansy
to city council the applicant is also
available to answer any questions if you
like Thank You Sara those the applicant
want to say anything or should we just
move forward
thank you I'm I'm happy just to go ahead
and hear the vote we we have designed an
architectural II designed a very nice
excuse me please you have to take the
oath before you can speak sake thank you
do you swear and affirm the testimony
you're about to give is the truth and
nothing but the truth under penalty of
law I do okay and state your name again
thank you my name is Nicholas Marketo we
have designed a very nice property or a
nice conceptual design that will
complement the neighborhood as well as
doing an infill development that will be
very complementary for the neighborhood
and for the area we've come up with it's
hard to see a little bit I know through
zoom but a conceptual plan that will
that will look nice that will that will
be an added feature to to the
neighborhood and
we strongly hope that you'll vote YES
for us thank you thank you any comments
or questions from commissioners
seeing Adam chair yes yes appear
curiosity and this might go to Sarah or
to mark noticeably that that's they can
land there is there any history to
planning or conceptual ideas in the past
for that land it is vacant and has just
been there dormant unused no interest in
the past madam chair Commissioner Smith
this is Sara Gonzales for the record
there have been no proposals that have
moved forward to staff and developing
that parcel and if that is what your
question would be we receive nothing at
this point being that it is zoned
multifamily it has the potential of
having multifamily due to the adjacent
property is also multi-family um but I
would leave it to the applicant if you
would like to respond if there was any
previous proposals that they may have
gone through that I'm not aware of and
decided not to go through with them or
if it's always essentially we have it
listed as always owned as multifamily at
this point yeah thank you this is this
is Nicolas Marketo for the record the
property in our in our conceptual Ridge
'''l conceptual design was going to be
multifamily but rather than putting 1722
more apartment dwellings into a confined
space we thought it would be more
supportive of the neighborhood to have a
property that would be a a parcel that
would be more complementary and a little
bit more advantageous for the
neighborhood and for the surrounding
development
your idea Nicholas I agree I sense
that it's a great plan has good fit does
well in that corridor which i think is
in its own way sort of a desert of that
kind of service
my compliments thank you thank you any
other comments or questions
thank you Medicare no anyone else okay
then we'll take the boat
Commissioner Gordon I'm happy to see
that there's another piece if they can
probably that's going to be put to good
use but have to even provide a few jobs
though the discussion we've heard and
staff presentation and yes Commissioner
Bennett I think it's a great opportunity
to infill I think it helps that the
surrounding area definitely meet
baseline staff recommendation and
today's Germany's I vote yes and I look
forward to seeing in district 2 of some
more retail until Shore I think we have
enough high density apartments which
have brought a lot of crime into the
area so I vote that's the reason I'm
voting YES and along with staff
recommendation Thank You Commissioner
snap madam chair Commissioner Smith I
will guess elevate Las Cruces onward and
upward and the chair votes Aaron Thomas
votes yes I actually can walk to that
property so I'm looking forward to
accomplish a part
and I vote yes based on staff
recommendation and fight visit elevate
las cruces glad to see that we're using
elevators
I would commissioner oh yes I think it's
a looks like a great plan and yeah it'll
be nice to see more business in that
area definitely thank you sorry about
that you the names keep jumping around I
think I'm all the way to the bottom jump
to the top so the vote is six to nothing
but the motion to approve passes the
next case is h20c oh five zero zero zero
zero they have a motion to approve I'll
make a motion we have grown thanks to
zero
ZZZ Oh looks like that oh it's no second
we need a severe medam tear Russ Smith
second thank you okay it's been moved
and seconded um is there presentation
sir ma'am sure yes there is a
presentation okay can everybody see my
screen yes
all right so this is a proposed infill
development process for 22:45 Turrentine
Drive property is zoned r1 a which is
single-family medium density it is
currently a vacant lot it encompasses
0.9 75 acres in size it is within our
flood zone so it will require a Komar to
be turned in to the FEMA map company in
order to review and decide what measures
will have to take place for the flood
zone and it's also located with our info
overlay there's a zoning map of the
subject property as you can see it's a
very odd shaped a lot that is zoned our
winni it is adjacent to single-family
residential towards the north towards
the west is single-family as well as
multi-family our sorry restaurants and a
hotel the south is single-family
multi-family and then vacant land so as
you can see on the aerial here to the
north is the single-family residential
then you have the University overlay
corridor that has encompassed the IHOP
that is located on the corner of
Turrentine the Plaza Suites Hotel which
is on the west side you have a strip of
apartments as well as some duplexes
multifamily and then single-family along
University the request is for allowance
of multifamily dwellings which would be
12 units early on the property as an r1
a zoning designation the 0.97 acre tract
only permits one single-family home
so the applicant is requesting to
deviate from one single family home to
permit 12 units on the property in doing
so the applicant is going to follow the
rest of the requirements per the zoning
code and does not request any deviations
that includes the required parking
stalls for the development of 12 units
meeting the setbacks for the front side
and rear the maximum allowed height is
35 feet within this district there is
landscaping requirements by our access
requirements a dumpster enclosure is
required as well as ponding to maintain
the water that is coming from the site
here is the filed plat that designates
essentially the access to the property
which is 35 feet for Road and utility
access and then you can see there are a
five foot easement that surrounds the
property so the development would take
place towards the center here is the
proposed layout for the development of
the 12 units you would have an entrance
for a to a driving aisle that would be
24 feet wide and meeting or to a driving
standards for the zoning code they're
going to provide a bike lane and then a
pedestrian sidewalk along the property
in order to access the apartment so we
are now looking towards the future as
far as providing within the site and
then getting to the site you know
walkability as far as biking other modes
of transportation these are the two
buildings which are proposed to be at 25
feet in height they are set towards the
sides of the property to where the
access is basically this buffer between
the single-family residences to the
north because this will be the driving
aisle this highlighted shaded area is
for fire access in order for the fire
department to come into the property and
then be able to get out of the property
if there were something to take place
the driving Isles meet the parking
stalls all meet for the required
development to go in towards the south
side of the property is the dumpster
enclosure which will required to be
enclosed with an opaque fence and a gate
in order for utilities as well as
sulloway's to have a
the applicant is proposing a two-bedroom
one our 2-bedroom 2-bath facility for
these apartments to take place which was
why they were initially asking for the
12 units you have two buildings that are
six um units each which would
accommodate the two staff did send out
public notice to the surrounding
property owners as well as posted the
sign within the property as part of our
public notice and input process we have
been following the guidelines based on
city council where public input is
provided via email or by phone so we do
want to read into record at least those
who provided public input as well as
their location if they did provide it
and then any phone calls that were taken
and then we'll go into the comments as
far as a public input that was provided
so we do have Jillian and Sam Rowan that
are located at five-thirty College place
Robert Hastings at 23:05 Turrentine
Drive Robert Hoffman at 605 College
place
Phyllis kossler and Carmel Koster
striker at 540 College place Michael and
I'm so sorry satalia
McGonigle at 520 haulage place Elaine
Simon 600 College place Diane Villegas
did not provide us an address and then
we received two phone calls a property
owner owns 575 college place and then
600 College place the concerns that were
brought up to staff as well as for the
proposal for the planning and zoning
Commission's consideration was the
garbage container location it is located
on the south of the property line and it
will be in an enclosure if there was
going to be a landscaping buffer her our
zoning code residential properties
adjacent to residential properties do
not require a landscaping buffer however
I do know that the applicant is planning
on putting landscaping within the
property and can if there are additional
questions as far as what the landscaping
buffer may be he can go ahead and
address those there is a possibility of
increase in noise and traffic as far as
noise we do have a noise
under chapter 19 that is regulated by
the codes enforcement office so if there
is an increase in noise that can be
regulated through codes and then I also
worked with our traffic engineer and
indicated that based on 12 units the
number of vehicles per peak hour is
designated at 10 because it's only the
12 unit development there was also the
concern of new 10 new tenants infringing
on their safety from this point staff
does not have any evidence of any safety
concerns that are provided with new
tenants being developed or new
developments taking place on properties
and with that we are not able to
discriminate on housing types that are
going to be permitted within any zoning
district there was a concern with my
pollution meeting our outdoor lighting
we do have an outdoor lighting ordinance
which is chapter 39 of our municipal
code that does address that lighting is
to be placed we know within the parking
lot directed down and that is inspected
by our electrical inspectors here at the
time of development there is the concern
of invasion of privacy for two-storey
within the zoning designation being that
the property is owned Darwin II it does
allow for 35 feet height that is also
allowance for the neighboring properties
that are also zoned are so the houses
were developed at a time that they were
at single-story but that does not mean
the case of if anybody wanted to add on
to the property it could be a 35 feet
the adjacent property towards the West
which is the Plaza Suites Hotel is also
2 storeys so there is some 2-story
within the neighboring properties but we
do understand that yes the 35 feet is
something that is designated for the
zoning code so they could actually go up
to that height even if they were to
place a single-family home on the
property the other concern was a narrow
alleyway the property does not have an
alleyway but it does have the 35 foot
access easement and so that is more than
what is required for even commercial
development whenever we do develop
apartments apartments are only required
to be at 24 feet wide for a two-way
driving I
and have a 30-foot curb cut entrance so
this meets that need and exceeds it
based on the 35 feet that's designated
the 1818 parking stalls that are
required by the development is per code
so in the zoning code is says one and a
half parking stalls per unit because
that's if everybody has a vehicle and
they may have more than one vehicle but
we're also looking towards modes of
transportation that are different so you
may have a bike you may be able to walk
so there's different forms that we have
as far as the water layer drainage as
stated before it is located within the
flood zone so they will be working with
the FEMA in order to create a clone Mart
for the site they may have to elevate
the pad they may have to change where
the water is directed and they also do
have to provide unlocked ponding which
means any water coming from the site
that is disturbed has to be maintained
within drainage ponds and have to meet
engineering standards and are reviewed
by our engineers here from the city
being that the lot is zoned
single-family that is why the request is
coming forward so the property does only
allow for one home however if the
property was to be subdivided it has a
potential to be subdivided into seven
single family lots meeting the
requirement because of the lot sizes you
are permitted 8 family 8 single family
dwelling units per acre in an r1a zone
or it could also be developed into
townhouse family homes and so those
could be smaller Lots but still allow
for multiple families to be or multiple
units to be developed on a property
there was a concern about mixed-use
within the area when staff reviewed this
we do consider this mixed juice in the
sense that north of the property is
single-family the south of the property
is designated with either restaurants or
in a hotel there's two actually two
hotels because a Marriott just went up
you also have apartments and vacant land
and then multi-use as far as duplexes or
quad flexes in understanding that the
reason why staff still sees this as an
excuse is because yes University is only
about 550 feet away from this actual
property so this is a very small
vicinity or area which has you know
point one acres aware
my 1 acres away from essentially
university university how does this
overlay in this corridor that allows for
students it allows for restaurants it
allows for currently there is a
mixed-use along university of either
retail some type of service and so
seeing that we consider this as being
mixed juice there were questions of the
behavior of work crews so as
construction work starts or begins then
the area will have to follow we have an
erosion control plan to maintain the
dust and then we also have working hours
in which contractors can work which is
at 7:00 a.m. in the morning till 6:00
p.m. and there's also going to be as far
as noise we do have noise ordinances in
place so there are restrictions as far
as work crews being able to work and
then the maintenance of the property as
it was forward um once again I have
already addressed the height
restrictions of the 35 feet in height
showing that there is two-story within
the vicinity of the property just not to
the north side of the direct access
however where the buildings are
basically you have the two properties
that are located to the west that are
single-story and then right across the
street from that you have the two-story
hotel and so being that 35 feet is an
allotted use even for the existing
residential neighborhood that's there
now the restriction for them proposing
25 feet is not of an impact based on it
can still be allowed by right there were
some concerns as far as postponing the
case until a public can attend the
meeting being the City Council has
established guidelines for our virtual
meetings and we have permitted the
public to provide input through via
email or by phone we have met the
requirements for a notification and
therefore are asking the cases not
postponed due to infill casas by code
are supposed to be expedited throughout
the process and so with that is its
supposed to be on the next agenda
discussed and then move forward as we
increase on these infill developments
and need to get them developed
with that staffs analysis states that
there are no safety health or welfare
issues identified being that the
property proposes 12 units the traffic
review was done and impacts as 10
traffic per hour 10 vehicles per hour on
an impact hour this is an info area
within an established area that does
encourage development of these vacant
parcels we also have elevate which
encourages mixed-use it encourages
increased density and it's also
encouraging of infill development to
take place within these properties we
are trying to move forward to developing
the current and existing properties we
have as opposed to extending those
boundaries that we all discussed through
the future development map that was done
in LV we also have the housing plan
which encourages mith mixed housing
types so if we do have single-family
that's located too north now we have the
apartment complex I can go in or these
affirmance which provide mixed housing
within a certain vicinity we do still
see that it is consistent with the area
because we do have restaurants hotels
single-family and multi-family so with
that staff is recommending approval
based on the findings within your staff
report and everything that I have
basically addressed within the analysis
so I leave you with your options to vote
yes and approve vote no to deny provide
facts of finding if you choose to deny
because staff is recommending approval
but yes with conditions or vote to table
the applicant it's available and I would
stand for any questions the same hello
commissioners yes ma'am yes ma'am okay
Scott Bannister just wanted to let you
guys know that I am aware this is a
really established neighborhood
that is to the north primarily and even
though are you able to hear me sir
yes okay you know so we are we are
sensitive to that and you know being r1a
right now having the property to the
south that will be commercially one
house just didn't make a lot of sense
no felt like being consistent the
neighborhood there we would put in a
multi-family complex and we're given its
location that's kind of secluded in the
back we're going for a little bit more
of an upscale apartment that'll be kind
of private in the back there we're going
to be marketing this more towards the
grad student or the returning
professional our finishes will be a
little more high-end looking for
somebody a little more mature where
we're not looking you know to rent to
the the college freshman coming in and
that type of thing so anyway and in
taking all that into consideration we
there's two big trees that are in the
roadway right now and I getting out and
talking to some of the neighbors that
was a big concern so what we were
wanting to do with those was trim them
down and then get a tree removal company
to go ahead and take those out and
repurpose them because they are really
nice mature trees and then as far as the
the perimeter where we've got neighbors
to the to the south and to the west we
would definitely address the the privacy
with landscaping some type of tree yes
ma'am
yes ma'am and address those to give you
know add to the seclusion and give a
little more privacy to to the tenants
really I think this place I've had this
property for eight or nine years ten
years something like that it's just
old concrete pad out there forever we
cleaned it up we've had homeless people
living in there and I think you know
it's time the market will will bear
we're in dire need of housing so I think
you know now's the time to go ahead and
try and provide some I'll be happy to
take any questions and questions
comments matter of mathematics I think
we're going to provide 18 spaces for
this complex I well usually when people
move in they usually have two cards
defecate that that people is that a
problem but what happened to that
example on the weekend all the residents
are there and we'll have guests well to
the south they're there it's a third
vacant lots I mean we can have some
Roger Bannister would you identify
yourself please again yes
Scott Bannister applicant with the
record thank you yes sir
currently there there's a three acres of
dirt lot that would be parking but you
know we're anticipating given its
proximity to the university that we're
gonna get some tenants that will have
bicycles as a primary means or scooters
or that type of thing to alleviate some
of the park this is Commissioner Gordon
again I cannot think how you think I'm
just looking for the worst scenario if
in case it doesn't work out that way I
would think that to the south it looks
like there's it quite I activated to the
site I want the property there is that
large piece of property that's moving to
the south of the buildings where it
sticks out looks like an arrow almost
why can't you just put some spaces there
for outside a little bit off apartment
parking where people can if they have
just say that's yes parking or overflow
parking or something
what would be the problem with putting
some spaces in there Scott Bannister you
know it would be fine with me if that
doesn't cut into the drainage Sarah
madam chair Commissioner Gordon being
that site is already going to be a
compliant so any apartment complex that
comes in or any development for
multifamily
it has one and a half vehicles per
basically per unit excuse me sir just a
minute with five open mikes right now
because a few people mute their mics
we're not getting a clear transmission
with therapy thank you can you hear me
now yes thank you much better
no problem madam chair and Commissioner
Gordon as stated so the zoning code
requires one and a half parking stalls
per unit with the development if the
applicant puts in the eighteen parking
stalls that is what our code has
required
we've alleviated I believe it was two
years ago having maximum to where they
provided more and it was just providing
those minimums
now as developments come in that's the
basically our code requirements if they
can provide more than they're able to
provide more however depending on the
design of the law and in this case the
design of the law is very tricky as far
as where you can place parking and then
still having accessibility for the fire
department to get in if there's any
emergencies so if the applicant can
provide more then that would be the
request however they are not required to
based on our code that we've adopted
any other comments or questions
and you hear me yes it is yeah I
recently at LaVon Minnie's sorry you
mentioned in your statement that you
wanna your apartments to cater to
graduate students and not the young
people who like to party how can you
guarantee this well Scott banister there
is no guarantee but our price point I
think would be a little more prohibitive
you know we'll probably charge about a
hundred and fifty dollars a month more
than some of the older apartments around
there 152 actually like 250 because
there's a variance with some of the
apartments but where we feel like our
price point is going to be a little bit
higher and I feel like that would lend
itself more to more mature established
tenant I I live in district 2 and I
watched them lovely homes destroyed by
some of our young people they go to the
College to would rent the place and then
five and six with move in and a lot of
the landlords were out of town and
neighborhoods deteriorated and went
through a lot of trouble and that's what
that's one of the things that worries me
because of the homes that are
established there now is noise and
making sure that these are more family
oriented apartment houses they're close
to the university and I just wonder how
you can protect your buildings you know
that are being built and the neighbors
the surrounding neighbors from extra
noise and parties and cars zooming up
the street because it does happen in
that area yes ma'am
Scott banister I I agree it's a it's
would definitely be a concern I mean I
feel like we live I live here in town
this will be an investment a significant
investment that
I will definitely want to protect and I
have a pretty extensive background check
that they have to pass if you will
ie credits job history or school history
you know that that type of thing to
really try and ensure we get the best
quality tenant and you know protecting
protecting the investment and and you
know it'll like I said it'll be kind of
a secluded place so you know being quiet
is gonna be of the utmost importance
okay thank you yes ma'am
this is Sharon Thomas um I like to add
that when I see new apartments that were
attractive to undergraduates it's been
four bedrooms but you know two bedrooms
on one side with a bath and two bedrooms
on the other side with the bath and then
sharing the living room a kitchen in the
middle and and you know I've lived in
university communities for the last 50
years and so one new things came in if
they were that was that was the
configuration we couldn't be certain it
was going to be undergraduates be pretty
loud so I think that when a he has the
apartment set up no doesn't lend itself
to that and I'm also didn't say I live
across the street from huge apartment
complex mostly more upscale apartments
and we've been here for 17 years and
we've only had one incident of noise the
party it was it was a graduation party
was it a big deal so I think that the
applicants is doing the right thing
trying to reduce that those
possibilities anybody else other
comments yes thank you madam chair Russ
Smith for the record I think over time
and this goes to Scott Bannister it
would be somewhat inevitable that you
would rent to a freshman but I don't
think that's really the point I think
what you're presenting is a
a way of looking at the community in
that area as an improvement within fill
that I think serves the ideals of
elevate las cruces and I think that
because of that investment that you're
trying to protect you're on the right
track thinking of best practices to make
it serve right I submit that if an
apartment building or something similar
to this we're going in on the north end
of town the concept or discussion might
be a little bit different but since
you're near University Avenue I think we
all get it where that would serve the
University and the traffic there I think
you're on the right track I think well
of this thank you in looking at the
diagram mentioned in your opening
comments that you would be providing
landscaping I guess would use as a
buffer is that going to be going all the
way around this property because a lot
of this property borders on College
Avenue that's the north side and that
runs all the way from where you get
egress into the property along there and
one way to do with it yet the Eastman is
at the end comes all the way back around
I know there's nothing to the little
West as you come around the property
back to Allen towards the east
I'm sorry I think I should be coming
back to the weather is not very many
vacant because they can land but how
many plans caving are you going to
provide and could you tell me possibly
would point yes got master yes sir we we
found that some the and I don't know the
exact species but it's a pine tree
that's really it grows really quickly
and and gains vertical Heights very
quickly so we would what plan was the
on the west side for those two houses
are to cover those and then on the north
side there's two houses that that would
have exposure so we would protect those
so we're saying that there is any
adjacency to a home that they prefer
perhaps their backyard you would be a
landscaper yes sir exactly thank you
that was one of my questions and I was
particularly concerned about the two
houses that are on Turrentine to the
west those seem to be the closest and
actually the back of the apartments
overlooked those so thank you for that
then you said you were going to put in a
sidewalk and a bike lane where the alley
is when you make it wider so will that
will the bike lane and the sidewalk be
on the south side where the property of
the sindelle family houses oh go ahead
man I'm sure this is Sarah for the
record um I did work with traffic and so
at first it was going to be located
towards the south side of it however
we're gonna probably have the applicant
relocate it to the north only because
the alignment of the roadway that is
directly on the west side it aligns
better if the bike lane and the actual
sidewalk is on the north side as opposed
to the south side so we would ask that
it be adjacent to the northern
properties that is adjacent to college
over there so so I was just asking
because there was a suggestion about
having a five foot strip on the south
side that's adjacent to that house
that's right there so here's you're
telling me that that's probably not
possible if you're gonna align them in
the best way with with the three right
that was chairman yes madam chair that
is correct yes we would like to have the
realignment to where the roadways
actually have a better connection
because we always find that any time the
roadways are aligned in a different way
and you're trying to exit sometimes it
can be hard for visibility so you want
to ensure the safety of those who are
leaving the property and those who may
be entering it thank you that was a Sara
tanto Sara Gonzales for the ring and
this is Sharon Thomas again this
question is for you so I just want you
to go over this again about you know
there was some requests that we limit it
to six or eight buildings because the
claim was made that that's what the r-1
a zoning code allows so can you go over
that part again about why it can be 12
just so we have that for sure on the
record ensures arrogance always for the
record madam chair and Commission the
property is owned Darwin a which allows
for 8 dwelling units per acre
under the current zoning code however we
do have the infill development process
that does allow for the applicant or
property owners to request deviations to
either land use anything within the
zoning code that could be setbacks
height restrictions in order to develop
a property so sometimes you're limited
on size or sometimes you run into a case
like this where the property is almost
an acre in size and apartments would be
a good fit based on the jurisdiction or
the area of the property so the infill
is used in order to develop vacant
parcels the applicant can go through the
subdivision process which would allow
them to do about based on the size since
its point nine seventy five is seven
basically seven Lots if they subdivided
it out so we could have the potential of
seven Lots or it could be the twelve
apartment units based on the property
and seen the jurisdiction of the area
located to university and services and
goods staff evaluated and the applicant
had proposed it and when they come
forward with the proposal we just
provide that record
so this allotted the applicant using the
info process to request up to 12 units
the Commission is the ultimate desire
has final action for infill development
so there could be a request to reduce it
make it more intense following elevate
and so we're using our plans and
policies to actually identify these
infill parcels thank you for that
comment - I've had my hand raised for a
while but sorry Commissioner go right
over here I just I just wanted to just
express concern actually quite a few
concerns but for the most part just I'm
really familiar with a neighborhood I'm
been there before I've driven by did it
drive by and I obviously agree with a
lot of other neighbors I mean I
understand how this this this part of my
comments could be a nuisance so I just
you know just wanted to bring it up
parking like mr. Gordon has said doing
the math doesn't add up and I know that
it's great it's a great idea to have
more bike lanes and have more you know
more walkability but I mean being
realistic most households don't bike in
Las Cruces it'd be great if they did so
I just I just wanted to bring that up
you know I mean we don't really always
receive a bunch of emails for properties
or anything like that so you know i
think i think it's it's fair to
definitely listen to the people who live
in that neighborhood so anyway just
wanted to throw that comment in there
thank you we have another phone
commissioner do you have a comment no no
I think mostly I think most most of the
concerns have been addressed thank you
alright I guess we'll go to the boat now
so Commissioner Gordon
this is Commissioner Gordon can you hear
me yes you can't thank you.thank sound
with small presentation our discussion
concerns that I have I think I've been
addressed I think it will be something
that we can count on there do a nice and
cooling and some use of some infill
development I think that when this
project is done and if everything that
the developer has promised especially
with all the buckling the lining turned
out to be a Dyson well I think I think
that he does know what the value of his
investment is and and where he's not
going to let it go down the drain by
funding but he would think would be
undesirable type of tenant so I don't
like to say it would trash the poverty
but we'll take a very undesirable for
people who want to be there so based on
that and don't wait my screeches I hope
yes Thank You Commissioner minase this
is a hard one for me I'm going to say no
to the project I would like to see this
postponed so that people that live in
that area can come before us once this
pandemic is over and talked to us not
everyone has access to computers and to
me there have been a lot of concerns
from residents in the surrounding area
so I would like to see this project
postpone the hearing and those that have
their concerns come before us in persons
and I think it would be easier for them
to tell us their concerns and along with
the developer for him to answer
questions that they have I do not live
in the area so I don't have the same
questions and I and I feel for losing
you know you buy something r1 and it
changes and they
their privacy so I'm going to say no at
this time it's not that I'm objecting to
the project I just feel that the
residents should have a fair hearing in
front of us is a proper vote thank you
you know you're gonna die I didn't
Haitian
I vote yes I mean there are some
hesitations it meets the code as far as
parking goes but I mean I definitely do
some concerns with that I apologize but
it needs infill need to elevate Los
Cruces
staff recommendation site survey and and
I feel some of some of the concerns have
been addressed with the discussions that
have taken place yet oh I'm in a second
and also vote no this this was this is a
tough one
mostly because yes in general I would
like to have more infill I just don't
feel like an apartment property in in
that area is the answer probably better
if no stuff divided but also from
totally grew in LaVon and I think you
know we're missing out an opportunity to
hear from the residents of the area I
mean we didn't receive like I said a
bunch of emails and staff got a few
think they said a couple of phone calls
but I think you know we're kind of this
this is the kind of case that you know
doing these things through the zoom is
hard I mean every express my concerns to
staff earlier about that but if it's
just some time we're living it but yes
I'm gonna unfortunately I'm gonna I'm
gonna say no
nice yes madam chair rest Smith I vote
yes
I think that staff has used elevate and
infill and the tooling that that has
given us through the plan well and it
gives this plan footing to stand on and
I have welcome to the input from the
community I think it's been well
received and heard so I vote yes thank
you and the chair also votes yes
presentation and a site visit and I
desire to see more Intel and my personal
experience of living in apartment
buildings townhouses duplexes single
single families and we seem to get along
tolerate each other here also vote yes
so motion passes for - excuse me Scott
Bannister here man just give a parting
word sure I appreciate the vote for the
two dissenting votes I want to assure
you I've been in Las Cruces for 30 plus
years and and this is this is my
hometown and every every project that we
do I want it to be the best I I bought a
property over on Milton there was slum
Valente thousand dollars into remodeled
it and and it's something that we can be
proud of and I'm hope the people around
me do the same thing and I can just
assure you once this project is
completed
you know you'll drive by and it'll be
something that you'll be very proud of
to have in your community I just want to
you know give you my assurance thank you
yeah sorry Louise get over here Thank
You mr. Bannister appreciate those words
I just like I said my problem is not so
much the property
it's more you know just the fact that
there's a lot of opposition in the
neighborhood but I mean I you know I
wish you the best I know you're here
you're trying to you're trying to
beautify the city and I mean I I love
Las Cruces I've lived here pretty much
half of my life and you know I love this
place so so I mean I agree with you on
that thank you thank you so our next
item is Commission commentary oh I want
a decision something I have my hand up
okay miss LaVon that means I just want
to explain
I'm not against the project I just feel
that neighbors are concerned and they I
feel a hearing with them in person would
benefit the developer he can answer
their questions I can't answer their
questions he can reassure them and
that's the reason I voted no at this
time I'd like to see a public hearing
where they can come forward and talk to
him in person I'm sure he has done a
good job in other developments around
town and I just want that clarified I'm
for any redevelopment but I also am
concerned with the residents who have
been there all these years so I think
they need a better platform to bring
forth their concerns thank you thank you
echo that was Commissioner Munoz
any other Commissioner comment I love
all these Intel's
I think it's it's a great great thing
we're doing here within the city as
opposed to expanding and not not
addressing those Commissioner Smith we
wanted to make a comment yes madam chair
Russ Smith here here we are in pandemic
mode here we are in zoom mode here we
are in a mode
communication as best we can I am really
pleased that Larry Nichols and and Sara
Gonzales have worked so hard to develop
that format for communication so that
people do have a sense of input I think
it's done well it's maybe not perfect
but I think the world is still turning
in our favor as communication goes like
this thank you
any other Commissioner Connor this is
Commissioner Gordon yes commissioner
unfortunately we are at a time that we
will have to hopefully not live with
this much longer this three things are
going in way the city is reopening it
could be conceivable in the near future
that we will have the time to go back to
have opening we will all meet in the
chambers until then we don't have these
type of meetings what I've said when we
first started this it is it is possible
that these cases both high-level like
time there were three last week there
were a couple days before a couple more
next month there could be four and after
one to be looking at having to do one
even nine different cases which would be
literally impossible for us that he
would have to start at 10 o'clock in the
morning and hopefully you could be
finished so I think that our hope is
that we can have not to live with this
much longer
thank you good point so I just want to
say it's nice to see so many infill
projects coming forward and it's nice to
see that we're using elevate less pieces
and don't have you can see that as well
and looking at place types so a nice
second what everyone else said you know
this is where we have to communicate at
this point but we don't want to not
communicate so we're doing the best we
can
are there any staff announcements yes
madam chairman members of the Commission
Larry Nichols of Community Development I
do have three items that I'd like to
equally cover with the Commission in the
first you just mentioned briefly that
you were anxious to see and appreciate
about the elevat-- Edison what was the
other commissioners this evening
recognizing that we're utilizing elevate
lost Christmas in a the different items
that come before you you know we spent
over two years all of you on the
Commission were part of the
Comprehensive Plan Advisory Committee we
spent two years of effort in developing
this plan and now were implementing it
and we had a meeting today with the City
Council and we told them that we were
using a certain aspects of the
implementation for elevate las cruces
and tonight was a demonstration of that
the three cases that you heard that were
not that were on consent did reference
elevate las cruces and we're going to
continue to do them you know we do have
short-term implementation processes and
we are in that mode right now the next
item what I'd like to to mention is as
was discussed here at the end of the
meeting was the virtual meetings the
still meetings all of us are anxious to
get back to the council chambers where
we can be in that format and in that
environment to hear cases have public
participation as we had before but with
the governor's directive and with the
pandemic concerns we need to continue to
conduct business the applicants of
property owners do have a right
to bring their case forward in a certain
period of time we are responsible as
staff and the Commission to hear those
cases in the time that is in our and our
ordinances you know I appreciate each
and every one of you being patient with
this and working with this you've done
an exemplary job yes we have to present
the public comment and concerns to you
in written format but that doesn't mean
that they were not presented they were
as you saw tonight and we had the
obligation we have the responsibility on
infill developments we are not able to
table those or postpone them we are we
are required to take action on them and
I I do appreciate your doing that to see
me on this these cases and then my last
iw some oh geez we seem to have trouble
keeping full staff here particularly in
the planning program I'm going to have
to regrettably announce that Deborah for
one of our planners who presented to you
last month her husband has been made an
offer in Alabama and so her husband and
Deborah are going together their
daughter are going to be going to take
that position her last day will be June
the 10th so we'll be doing another
recruitment before our planner to help
support the plenty of Zoning Commission
for your case practice and that's all I
have madam chairman and thank you once
again for Europe patient endurance on
the on the zoo meeting format oh I do
have one other item I'm sorry my last
item is I believe we will quickly have
the June meeting with the with a zoom
format I think after that will
back to our regular format but I'm
anticipating that we will have consumed
plenty of Zoning Commission meeting by
Zoom format and that's all about I'm
sure
Thank You mr. Nichols if there's nothing
else
entertain a motion to adjourn
sorry can you hear me yes I can yes
Larry a question if you get a battery
yeah I watch the meeting as have known
at City Chambers and I noticed that it
was saying that the redevelopment I
think is in the process of trying to get
an outside consultant and once you you
do you're going to start the process of
redoing your zoning code and you
estimate that will take approximately a
couple years which I'm showing well how
far into the process of getting proposal
to get someone in to do this do you know
maybe chairman and Commissioner Gordon's
mr. weir has been assigned a task to
pursue the and the request for proposals
to hmm and that will go to this extra
Advisory Committee and we will make a
selection but we're at that stage of
putting out the request for proposals
will take quite a bit of time the zoning
code has not been updated nearly 19
years or ourselves and so it's a it's
desperately needed you know we struggle
the Commission plan zoning commission
struggles the staff struggles with some
of the conflicts or ambiguities in the
code itself and we need to get that
straightened out and we think it's time
to do it
I'm thankful for we do the elevate
confidence plan first and we've done the
active transportation and now it's time
for the zoning code updates so that's
like we are right now as you mentioned
it's going to be an expensive effort
because there will be a number of public
meetings for that to get public
participation but it's something that's
very much mean you need to unmute
yourself Commissioner Gordon then you
hear me now yeah now I can hear you
I'm having trouble that this is why
should I assume that the Planning and
Zoning Commission did participate like
we did in a development of a and madam
chairman and commissioners you're
exactly right on that it's going to be a
very similar participation I believe it
will probably be an ad hoc committee
formed for it as well as the funniest
owning Commission and of course then it
will go to City Council for final
adoption right anything else from
anybody else okay then I will entertain
a motion to complete the meeting I
second the motion to complete the
meeting or return what are we going to
call it Russ Smith motion to adjourn
motion to adjourn second to second
motion to adjourn
okay so we're adjourned all those in
favor say aye sorry
aye okay so we're adjourned at the time
is I'm 719 thank you very much for all
your work