[Music]
this is the Planning and Zoning
Commission it's Tuesday April 28 2020
and it is 6 p.m.
first order of business is is there any
conflict of interest from anybody for
any of the cases that we have on the
agenda tonight seeing none you'll raise
your hand right if you have a conflict
okay second item is approval of the
amendments I need a motion to and second
to approve the minutes I make a motion
that we approve the minutes okay wait we
have a motion and a second to approve
the minutes
any discussion okay then we'll come well
yeah we're going to have to do roll call
aren't we okay
Commissioner Mew nice oh I thought I'd
put my I I lowered my just say yes oh
yes we're going roll call Commissioner
Sanchez
yes Commissioner Bennett yes
can i smoke agüero ah yes you may use
nurse Smith yes let's do Commissioner
Gordon yes did I get everybody you you
did the miniature okay Minnesota food
postponements we don't have any public
participation we're not doing right that
is careful council consent agenda so I
need a motion and a second to approve
the consent agenda
madam chairman if I may this is Larry
yes
I might request that we have a slight
change in the order of the agenda I
would like to make a few of staff
comments here at the beginning of the
meeting
okay that's fine go ahead thank you
thank you madam chairman and members of
the Commission first of all welcome
everyone with the our first assumed
meeting for the poz Commission and I
basically would like to go over a little
bit about that about the protocol of
using the zoom meeting we all have our
online here now
and we have across your screen at the
bottom you'll see that you have a couple
of items there one of them is
participants chat then there's a couple
of others one of them is for the share
the provision to allow us and when Sarah
will be using that later on but if
you're not speaking if you could mute
your microphone that helps keep from
having interference then in general
where we're conducting this meeting my
zoom it is a public meeting but it's
being broadcast so we have the
applicants are available to address any
questions you may have with the cases
that are coming forward and then if we
have to we will not continue this like I
said again possibly for the main meeting
but this has enabled us to have a
Planning and Zoning Commission meeting
without our cases having to be moved
back and that was very advantageous to
the development and the applicants the
development community and the applicants
as well as to the Commission so I want
to thank you and recognize technically
skill we all are now and with that I'll
be yielding the floor back to that the
Chairman thank you very much madam
chairman thank you mister
okay we'll resume then with the consent
agenda I need a motion to accept the
consent agenda and a second madam chair
this is Russ I make a motion to accept
the consent agenda with case 2 0 z Oh 1
0 0 0 0 20 and case number 2 0 z o 0 5 0
0 0 45 thank you is there a second I
second thank you so it's been moved and
seconded that we accept the consent
agenda so let me call the names
Commissioner Gordon yes Commissioner
Sanchez yes Commissioner Bennett yes
connectionless yes Commissioner yet oh
yes Commissioner Smith yes and Cheer
boats yes as well so we've accepted the
consent agenda we don't have any old
business so we're moving on to new
business the first case is 2001 zero
zero zero one zero zero zero zero zero
nine I need a motion to approve in a
second madam chair a motion to approve
special use permit request to zero zero
one zero zero zero zero zero nine is
there a second I'll second hey do we
have a presentation
madam chair commissioners Deborah fuller
Community Development for the record
I'll be requesting to share my screen
now so just one moment all right
she knows the first case before you is a
special use permit at 1560 South
esperanza streets so what you have
before you is the aerial map you'll
notice that the property itself is on
the southern portion of South Esperanza
approximately 350 feet south of Montana
Avenue and just below the property you
see that the street dead ends and does
not have a connection to each East
bounce road this editing map is the next
slide that shows that the area and the
property itself is sewn residents 1a are
1a which is single family medium density
so current conditions on the property
again located on the west side of South
Esperanza streets just south of Montana
Avenue and then again
the street ends just south of the
applicants property allowing though
through traffic to e spouts property is
zoned r1 a which is single-family medium
density the applicant has operated a
family child care home since 2016 the
family child care home will allow up to
six children she is licensed with the
state of New Mexico children youth and
families Department and has maintained
a current business license since her
home occupations beginning the proposal
before you tonight is for the applicant
to expand her home occupation to operate
a group child care home which will
permit her to care for up to 12 children
the day's hours of operations will occur
Monday through Friday from 6 a.m. to 6
p.m. to avoid any traffic congestion or
parking issues her parking or her
drop-off and pickup times are staggered
over a one to two hour period parents
dropping off anywhere between 6 a.m. to
8 a.m. and pick up times occurring
between 4 p.m. to 6 p.m.
depending on parent schedules she will
maintain the primary use of the property
as a single-family residence and there
will be no change to the homes exterior
appearance here's the floor plan of her
house and the property so she did list a
fire escape plan and the one of which
opens into an open-air carport and then
she has provided or she does have a
fenced in rear yard which is one of the
requirements through the state this is a
picture of the exterior for home we see
it's going to maintain its residential
appearance and pictures of the interior
showing the area in which her children
will have their naps and players and
then accommodations for a baby or infant
toddler as far as
in public input is concerned we had to
send out two public notices the first
being in early March and then the notice
of the rescheduled meeting on April 13th
the commissioners have been notified
about statements of opposition that were
received from surrounding property
owners expressing various concerns to
include increased traffic parking issues
potential noise levels being a nuisance
and then possible safety issues that
would occur with the increase in the
number of children regards to staff
input we've had no opposition or
negative feedback from those reviewing
departments and then I verified with
codes enforcement that there have been
no complaints received pertaining to
this home occupation since its creation
in 2016 so staff recommendation tonight
is approval based on the following
findings the property provides attic
adequate parking without eliminating any
necessary off street parking for the
residents itself as required by our
zoning code it's also supported by
elevate Los Cruces Comprehensive Plan
which encourages home employment
opportunities and increasing access to
affordable childcare and it complies
provisions of home occupation business
registration and special use permit both
of our 2001 zoning code so commissioners
I close tonight with the options before
you and just to note as I know you all
are aware a denial will require new
information or facts that are not
identified or presented during the staff
review and I will mute myself and go to
you guys and let you go from here okay
before we do that Deborah are there any
other presentations or is a applicant
doing anything or we're ready for
discussion madam chair the applicant is
here with us following along and
available for any questions that you may
have and provide additional inputs that
have missed and and does she want to say
anything before we start the discussion
Claudia if you want to add anything in
addition to perhaps give an explanation
of why you're asking for the increase to
care for up to 12 children I know you
discussed this with me but I didn't
disclose it in your file and just if you
want to unmute yourself and address the
commissioners with any of the
information that you've provided to me
so I need I need to swear you in
Claudia can you hear me Katya Claudia
can you hear me do you hear me
can you hear me Claudia
can you hear me do you hear me okay can
you hear me yeah okay so I mean when you
speak to this commission I have to swear
you in
so can you say your name again and and
hold your right hand up my name is Reina
okay do you swear and affirm that
testimony you're about to give is the
truth and nothing but the truth under
penalty of law good okay now can you
repeat what you said earlier a little
louder because I couldn't quite hear
okay um when I click my education I
never have my license for 16 now I have
my license for six keys now
but I wanna get more child but I don't
know four okay I got somebody to meet
with me because my English is less
perfect so it's okay if he's transferred
for me translated for me yes madam chair
as a point of order that would be fine
that we can use a translator to have her
provide the information do we need to
swear in the translator as well that's
probably a good idea
yes okay
is she there no he okay can you say your
name please do you swear and affirm a
testimony you're about to give is the
truth and nothing but the truth under
penalty of law what if a witness is
it'll say defender there's ever been man
professor by mass media first assignment
a you follow child
if we don't need for forgiveness a tiny
for generously Brooklyn gonna spin their
muscles bad children
okay so reason she's of mind for more
children she apparently only out to take
care of six children and the reason she
wants to expand is that she currently
paced how care for her own son but she
wants to expand so she can have an
additional child per child
included in the her currently this way
you won't have to pay any additional
child care for her own child so she's so
she's not looking for actually for
twelve she's just looking to add one or
two more and how old is your son by he's
five okay okay thank you
so commissioners are there other
questions or comments or you want to ask
more questions let me see
Commissioner Muniz yeah I see three
hands here and I'm calling on
Commissioner of your niece LaVon Mellon
share commissioner hang out can you hear
me yes now I can okay
in the pictures that were shown of the
property where she wants to do the child
care I felt the area was very small
and she just said that she doesn't
intend to have 12 children but how are
we going to know that in the future she
does try to have thrown children on the
property and I didn't see the backyard
does she have the equipment you know the
toys the the play area for the children
because I don't the front yard wasn't
kept up I'd like to see the back yard
for the safety of the children she'll be
taken care of thank you so Debra do we
know anything about the backyard Oh as
far as state regulations are concerned
they will physically inspect the
property and they actually license them
for a specific number based on the
square footage that they can provide for
the children based on those regulations
that I set you all last night so with
their physical inspection and they also
checked one of the other one of the
other regulations for capacity of home
regarding the area for activity in the
fenced in rear yard area and also when
you range between the seven and twelve
children you have to have two areas of
activity for that increase so they're
actually going to physically inspect the
property and verify all of that we as
far as zoning is concerned in the
Planning and Zoning Commission we just
authorized the ability for they group
their home but the further restrictions
for that number will be based on the
survey that she must provide and the
inspection by the licensing authority
with the state so the city so if we
approve this it's still a subject to the
state regulations for child care
facilities correct madam chair that is
correct they will they will authorize an
official number which will be stated on
the applicants license
and they will have to consider all
children within her care to include
those children that are hers and she
must stay within that number listed on
her life
okay but the license is it's not a
specific number it's either up to six
are up to 12 right for our approval
person portion it's a group child care
home that allows up to 12 children the
number if will will not exceed 12 based
on the licensing authority with the
state however if she is unable to
provide the square footage for nine
children it would be it would be capped
at nine okay thank you okay
commissioning video though ah yeah hi my
question was actually pretty similar to
the one that was just asked but my
question for the applicant where are you
in the process because I mean I I don't
know if like if we approve this if what
if it ends up not qualifying for the
twelve and you have to stay at six so
I'm and my question is just more of a
curiosity and anything else just want to
know where you are in the process and
how likely do you think this is going to
pass
exactly right I can't hear can you get
closer to the microphone yeah yeah sorry
it was my understanding as she was
speaking that at least I sound like just
like you're still applying so I just
wanted to know you know like if you've
completed the application just kind of
where you guys are and what the
likeliness do you think is of getting
approved yeah
the vacation was always submitted I
guess you just wait on Sony approval and
then so the inspectors beta guest:can
going it's property as far as so that
the backyard is actually suitable for
kids that she has well the playground
set up and toys everything mr. Lamia
okay that everything else has been
approved from the state I get to still
gonna go and inspect okay now she said
that the they've already went intact I
mean she changed her life from okay all
right thank you so much I was just
curious thank you
okay Commissioner Gordon
she does this
she doesn't do this by yourself does she
have assistance could you ask her please
how many people helped her during the
day with the children she has two people
register with state whenever one of them
I would assume I would assume that her
assistants are bilingual probably some
of the children may only speak Spanish
as someone we speak English all right so
it's apparent that from what she said
she has she wants to have six children
so that she doesn't have to put her son
and take care that would give her seven
so that would mean if she could get
approval which he currently has from up
to 12 she could take in an additional
five if she wanted to that correct you
just want to have that capacity
police now parents ways is a childcare
operation going on now as you can hear
children now okay what is he doing to
assure that there is no possible
contamination because of the corona
virus
Dave that's holy something with a hands
every 20 minutes every 20 minutes
I assemble pitiful
yes he feels wonderful yeah I won't be
so on stage unleash but I figured Magna
so tomorrow's I'm roaming temperatura 1
million smackers I settlement Bella
Coola
ok so she's basically this Impractical
toys this making sure houses clean every
day once the children leave she cleaning
other house also sitting with what leaps
and she's also usually not sanitizer for
the kids and then she's checking the
texture or other people coming from the
media from the house but I know that
this is a very difficult situation to be
in I'm sure that she's trying to do as
much as possible to protect having
children or the parents of children or
herself or her staff being contaminated
so alright that answers my questions
thank you thank you mr. Bennet so I just
have concerns it seems like the pictures
that were provided um there's not much
room for more like mats for kids so lay
down on there's five here that I can
count the five mats and all the pictures
so I don't even see six here and you're
trying to add more I just have concerns
about space really inside of the place
the rooms aren't being used at all for
any of the kids or anything like that
bedroom
[Music]
okay so she's up she is either expand
she's just waiting to see if she gets
approved or not but her plan is to
expand her home so she's able to
accommodate four more children okay
thank you very much when she says
expanded she mean so it says in state
regulations that we saw that for 12
children not I think it says no more
than two rooms will be measured so but
you know am i understanding that the
state has already come and looked at it
at her facility for the possibility of
this other license they've already
approved it we're up to 12 okay so any
other questions or comments or
discussion I just have a comment
chairwoman Thomas yeah so I did a site
visit today and from what I can tell I
don't know that this body necessarily
has anything else to do other than to
approve this just because this is part
of the process it looks like the state
is going to be the one to follow up with
this with their inspection the only
thing that I did want to let the
applicant know missus ones read us is
just when I passed by I did see why your
neighbors are concerned about this
because you live on a dead-end
and it could be difficult for cars to
get in and out through there and so one
of the things that was just concerning
to me and I did just want to know is
that I did notice in the front driveway
of the home you have an aboveground
swimming pool that is set up there and
so that to me seems on the one hand
particularly dangerous actually given
that the state requirement is that you
have a fenced in area for the children
to be in that above-ground pool is not
in the fenced-in area in fact it's much
closer to the street and so just as I
don't have control over what you have to
do with that or not but I would strongly
encourage you to remove that just
because if I were an inspector from the
state I would definitely not approve
this based on the fact that it looks
like children have access to the front
into the street and in addition to that
if I were one of your neighbors who is
concerned about traffic on the street
you also are not able to park cars in
your own driveway because of the
above-ground pool and so I would also
strongly encourage you just in doing
good maintenance of your relationships
with your neighbors that you would also
think about that that way you can
utilize your driveway for cars rather
than the swimming pool but other than
that like I say I can't see any reason
to deny this I will vote to approve this
I did just want to let you know those
things because I did notice that and I
wanted to wish you well in that says you
[Music]
okay she found me she already has she
just put in the weekend she's have been
three children and is it possible when
people are dropping children off that
they can pull into the driveway or not
okay and I waited
yes it's possible she they go into the
driver they drop the child her children
they saw I did a site visit as well and
I had to turn around at the end of the
street which I found a little difficult
and there was a child in the plane in
the driveway at the house at the end of
the street so that was a little
concerning so as commissioner Sanchez
said we we have no control over most of
this it's up to the state because it's a
state license our only concern here is
is has to do with the traffic I think
and I don't know we do traffic studies
all the time but it has more to do with
traffic count and I mean I don't know
Deborah R or Sarah if city would do any
kind of I guess they've already looked
at it as as far as we can tell and they
are not finding any problems with the
traffic there is that true from the city
staff standpoint that's correct we
verified that traffic it's not an issue
in that area as far as congestion is
concerned its first traffic count is
concerned and we also verified that as
far as you know in essential workers who
are providing a service during this
public crisis
childcare facilities is on the list for
those who provide to our first
responders and essential workers and we
did also verify that the area does lack
this type service within I believe I
checked within the radius of all
property five hundred feet so she is
providing a needed service to something
that is lacking in the area as well okay
thank you for that information all right
if there are no more comments or
questions I think we'll take the vote so
I don't see any more blue hands so that
may call the roll
Commissioner Gordon
according to our discussion and staff
recommendations and agreement with our
cut new comprehensive plan elevate Las
Cruces I vote yes
mr. Sanchez I vote yes based on staff
recommendation and it is supported by
the elevate Las Cruces comprehensive
plan commissioner Bennett
I vote yes as well based on staff
recommendation meeting elevate Las
Cruces comprehensive plan and I mean
we've all echoed concerns over the
stipulations or but it's it's going to
be approved based on staff the state's
licensing authority so based on all of
that I vote yes Commissioner munis I'm
voting YES and I'm going by staff
recommendations and some of the concerns
that we have where I had is the
commissioner out of my hands it's with
the state of New Mexico so I hope they
look upon some of the concerns that were
brought up sorry I
yes as well based on pretty much the
same as all my colleagues have said I
wish you guys luck and yeah but I vote
to approve it commissioner Smith I vote
yes supported by staff recommendations
and the service to the Comprehensive
Plan and the Sheraton the chair votes
yes based on staff recommendations and
the need for that kind of service in
that area and the answers that the
applicant gave to some of our concerns
well passes on seven to zero
Phoenix is case number two zero zero
zero five zero zero zero one two Nina
motion to approve and a second I'll make
a motion that we approve case number 2 0
Z 0 0 5 0 0 0 1 2 rezoning second I will
second it ok we have a motion and a
second and we have a presentation madam
chair
commissioners just another moment and I
will share my screen again alright
commissioner is what you had before you
would you please identify yourself for
the record please of course
Deborah fuller again Community
Development for the record so what you
have before you is a zone change for
free Lots on south of FINA the zone
change request is from oh one to r4
you'll see that this these properties
are in close proximity to the previous
case that you just heard just south of
Montana Avenue again in just north of
the intersection of Missouri and out the
span of Street the zoning map for you
shows that the three Lots are zoned oh
one and then the surrounding area is
predominantly residential uses are
residential zoning for giving current
conditions would be that these are three
vacant lots on south of Spanish Street
located on the west side of south of
FINA just know
of the south of Spanish Street and
Missouri Avenue intersection oh one
zoning is office neighborhood and
limited retail services prior to prior
to its oh one zoning it was originally
zoned r3 in 1985 if there was a request
and approval for a zone change to the o1
the proposal was to build an office
complex however we found no record of
developments in our research the
surrounding area is predominantly zoned
single-family and multi-family
residential not to include the one
parcel to the south on the west side of
south of FINA and then directly across
the street these three Lots are also
located in the infill development
overlay district so the proposal before
you tonight is the zones to r4 which is
multi-family high-density limited retail
and office to allow the construction of
duplexes it qualifies for the infill
development proposal however due to
residential zoning financing
requirements the applicant decided to
pursue the zone change request this
aligns with elevate las cruces
comprehensive plan and one thing to note
is the applicant did originally request
a rezoning or r2 which is multi-dwelling
low-density specifically because he knew
that he wanted to construct or develop
duplexes on each of these Lots however
the application was modified due to
staff recommendation of r4 with a
conditional match of 30 dwelling units
per acre to meet the need for higher
density as we have stated in our newly
adopted comprehend this is also
supported by the El Paseo corridor
community blueprint
so as far as staff in public input is
concerned notification was sent out of
the original meeting in early March and
then also in on April 13th 2020 and
staff has received at the time of this
presentation two letters from
surrounding property owners and then you
have received additional feedback since
stating opposition just based on
increased police activity and traffic
congestion with that development of
multi-family dwelling as far as staff
input is concerned though it no
opposition or negative feedback has been
received your recommendation tonight
from staff is approval based on the
following the zone change would promote
the development of vacant property in an
established area and it meets our
purposes and intent of the 2001 zoning
code those vacant lots would qualify as
infill parcels in the infill development
overlay districts and this aligns with
elevate las cruces comprehensive plan
with the note that staff does recommend
in recommend and are for rezoning with a
maximum of 30 dwelling units per acre
this is also supported by our El Paseo
corridor community blueprint so
commissioners with that information we
leave you with the options and again a
denial requires new information or facts
not identified or presented during staff
review thank you very much and I will
mute myself Thank You Deborah
is the applicant here or anyone else
want to speak about this before we go to
the Commissioner comments so this will
be a case where we're going to be
dialing in with the applicant and he'll
be on speakerphone and cher is making
that contact right now so you're more
than welcome to go ahead and then I'll
have him available shortly okay thank
you
it's usually the other way around I'm
sorry if we have to hear from in person
one other questions they asked I'm
Sherman this is Larry um if you want to
wait I feel us moments until we get him
on the speakerphone we can do that I
might also mention that I did check with
legal department and the swearing in
over the with the phone will be
acceptable missoula identifying himself
for the comments I just want some
clarification did because I'm kind of
confused without a bunch of different
emails regarding different cases but
just to reiterate there was no negative
feedback on this particular case from
the public
commissioners I'm sorry we actually did
receive the elf and letters of
opposition in regards to this case
specifically stating concerns with
traffic congestion and the increase of
developments is possibly going to cause
increased police activity those were the
concerns addressed by the surrounding
property owners and I do have the
applicant on speakerphone now so hi may
is available to address any questions or
concerns that you may have or provide
any additional feedback and hi may
before you speak just to let you know
share it our madam chair is going to
swear you in okay jaimé can you hear me
yeah okay so do you swear and affirm the
testimony you're about to give is the
truth and nothing but the truth under
penalty of law and would you state your
get your name again Jaime what's the
last name well I didn't what you say
claiming we're dead right there okay
commissioners questions comments
Commissioner Smith madam chair I wonder
if through discussions with Deborah has
the applicant come to the point of
creating architectural plans do we have
elevations that have been brought to
bear
Commissioner Smith yes sir he has
presented architectural drawings
proposing a single duplex on each of the
three lot and again these are conceptual
but based on what we've previously
reviewed they have been compliant with
our land development code so they're not
officially submitted but those have been
previously submitted and approved our
preliminary approved by our office brief
curiosity is to the infill benefit are
these plans going vertical or is it
single-story do you have any sense of
that I mean if you would like to answer
commissioners miss question just to
confirm on record the Intel yes they're
very single Tori sir madam chair thank
you any other comments or questions
Kevin Cummings just a couple of comments
like it's not necessarily any questions
but oh actually one question now that I
think about I did note it in the
feedback and Commissioner Bennett in
some of that negative feedback that
there was for this one of them in
particular was from George Pearson who
has worked very hard on the active
transportation plan for the city of Las
Cruces
and looks like his concern is that if
their curb breaks and that makes it more
difficult for bike riders and things
like that so I just wanted to confirm
because I did notice in the long-range
planning there's new comments that that
was addressed there and says that the
active transportation plan recommends
buffered bike lanes on his ministry so
just can you confirm that that is part
of the active transportation claiming
that that's what would happen because it
seems to me then that would that would
address mr. Pearson's concern is that
correct I'm not sure if I should direct
that question anyone in particular but I
was just curious apologize commissioner
I was just confirming with Sarah so we
would have to verify with public works
department or public work services to
make sure that that's the projects going
to be done on south of Spanish streets
we don't have that information but the
intent is to comply with the ATP when
you're saying that project could be we
done on so you mean the bike lanes are
that's a proposed there proposed on
South of FINA they're not there yet
madam chair this is Sarah Gonzalez for
the record and one of the concerns that
were brought up where the bike lanes
located along as vena and unless there's
some kind of public works project for a
reconfiguration or a new design that
will go through public work it would not
be up to the property owner of ministry
to create that development so with that
it's gonna have to be kind of
reconstructed as a whole project through
the city so maybe becomes a CID project
or a CIP projects re or something
additional that would have to happen so
as part of this project it was just one
of those recommendations that in looking
at this going forward and these
developments coming in and these infill
projects coming in how do we redesign
streets how do we look at all of the
plans and policies that are in place so
I think mr. Pierson was trying to lead
to you know as these developments
increase how do we start working through
the
policies we have adopted since this is
already a dedicated street that's going
to be more up to the city to actually
accommodate mm-hmm mr. Nichols did you
want to comment yes my name is Sherman
thank you Larry Nichols for the record
justice Sara mentioned the public works
department has undertaken a number of a
project CIP projects that will involve
the bike lanes on streets and a
sidewalks and curb cuts and driveways
and so as this one would go from its
conceptual planned stage into a present
a formal construction document it would
be reviewed by Public Works and they
would have comment on addressing those
concerns in the letter hey thank you for
that information yeah thank you all for
that
I just wanted to make sure that we just
noted that and that mr. Pearson's
concern was was addressed and I think it
is and then one last thing I will just
make just a comment on this but I think
this is something that's important as a
body for the Planning and Zoning
Commission to be thinking about and
identifying when we see these things
because I don't necessarily believe it's
appropriate or helpful but I did notice
I mean one of the input documents that
that we received I just saw that and I
read this statement I don't necessarily
have to name whose it was but I want to
make sure that I note this they said I
believe this is due to allowing
businesses that are not neighbor
friendly to exist and housing that
attracts people who don't value the
neighborhood slash community for these
reasons I oppose the zone changes about
I just want to make sure that we're
really mindful and careful of the
language that we use about people these
are people who would live there I don't
see that there's any reason to say that
that this type of housing or any other
housing attracts people who don't value
the neighborhood or community I just
wanted to note that because I really
didn't like reading that that's a very
cringy statement when I think about this
city that I've lived in my whole life
and the people who live here so other
than that that's all I have
well thank you commissioner um yes I
agree and I live in a duplex so I notice
those things as well I live in a
neighborhood that's a mixture of
duplexes and single-family and
apartments and big houses and small
houses and and as I'm continually saying
I I like those kinds of neighborhoods I
think it's wonderful to have different
people who are in different stages of
their lives and in the same communities
any other comments or questions about
this case okay then I think we'll do a
roll call to find that page just a
minute mr. Gordon
Commissioner Gordon minty I'm taking a
roll call - well yes or no did you
unmute your microphone now can you hear
me now I came yes okay I'm sorry I
thought I had it unrooted since this
case complies with the infill
development overlay and it does give us
an opportunity perhaps in the future to
have some affordable housing I also like
the discussion we have this evening
staff recommendation it complies with
our new elevated Las Cruces
comprehensive comprehensive plan so
therefore I do vote yes Commissioner
Sanchez about yes based on staff
recommendation and that it supports
infill development in Las Cruces
commissioner Bennett I will echo the
infill development site survey aligns
with elevate Los Cruces and El Paseo
blueprint meets staff recommendation and
then also is in line with the Mesilla
Valley MPO thoroughfare plan so I go yes
Thank You Commissioner Muniz I vote yes
and upon the recommendations of staff
and I think it will be a great
improvement
quieto
I guess as well based on staff
recommendations and infill development
and just I'm very familiar with that
area living that area for quite a few
years so I like the idea there being
mixed used for that specific area so I
will yes Commissioner Smith and I'm
chair I vote yes staff recommendations
and I think it serves well with infill
might have some lack of precision with
bike and kerb issues but I think
can be cared about in remedy true until
review and the chair also votes yes
based on staff recommendations and site
visit and fact that this contributes to
the El Paseo corridor project so taste
passes seven to zero the last case is
case number two zero zero zero five zero
zero zero four three
I need a motion to approve and a second
all right I'll make a motion that we
approve case to 0 Z 0 0 5 0 0 0 4 3
I'll second okay it's no moving second
that we approve this case is there
presentation
as I'm sure me this is Larry I think
it's just taking a moment to get the
microphone active okay we're gonna try
this again so Sara Gonzales for the
record this is a proposed own change
from our four multi-dwelling high
density limited retail in office to c3
commercial high intensity and there's an
Associated variance with it I'm due to a
condition that's placed within the
zoning code property is currently
located on 27:55 Idaho Avenue this
property is zoned r4 which is currently
the multi-dwelling high density which
allows for apartment dwelling units up
to 40 dwelling units per acre it does
encompass 5.22 acres in size and we are
considering this an underutilized parcel
and I will show you that based on the
aerial map that will be seen in the
fourth slide because the property is
primarily a vacant land there is a
couple buildings on the property but it
is still very underutilized currently
the Knights of Columbus have been using
the structure since 2005 but are looking
to sell the property
and to the trade school that is
proposing to be moving in currently the
surrounding area includes commercial
office and in multifamily here's a
zoning map of the subject property as
you can see this is just south a
basically tell shore mall which is
located on the north side around Mall
Drive and this is in between Don roser
Drive and Taos or so it has two arterial
roadways that are surrounding the
property and then as you can see the
surrounding areas primarily either used
for office or commercial and then you
have your multifamily and single-family
located to the south here's an aerial
map of the subject property as I was
indicating earlier as you can see all of
this area has not been utilized for any
buildings parking or structures they are
currently just utilizing this one
building and I do believe they still
hold bingo hall night at the facility
but that is currently just they use that
night to kondeh start having around this
you have Buffalo Wild Wings you have the
shopping centers you have a mall to the
north we have different office
or commercial uses which is dentist's
office professional services some
duplexes single-family homes are located
to the south on Idaho Avenue what the
applicant is proposing is a zone change
to c3 which is commercial high intensity
one of the reasons the applicant is
moving forward with the c3 zoning
designation is because the property is
at five acres in size so this would not
follow our c2 zoning which has a one
acre and limitation and we're going for
the commercial high intensity at this
point they want to redevelop the
existing building for the cosmetology
trade school and then provide additional
buildings which will allow them to
encompass more classrooms create a
beauty salon a retail shop and then
parking this is going to help provide
education to their students in the
surrounding area those who would like to
attend and then eventually create jobs
so that way you don't have to leave
maybe the neighborhood in which you're
living in this is where we are trying to
move forward with our walkability to our
existing Goods and our services the
condition comes into play because as
part of a trained school there is a
conditional use placed on a trade school
but not for the seats zoning so the
trade school is conditioned upon to
being located on an arterial or higher
classification currently Idaho Avenue is
classified as a collector and so with
that we are looking at a variance for
the existing right-of-way currently the
way the road is designed it is 60 feet
in width it does have a sidewalk it does
have lighting and pavement and it's a
two-way street
the variance would come into play as
saying that they would need a variance
at 40 feet because they do not meet the
hundred feet that's required for a trade
school in doing some of the research
around that surrounding property in the
area and we did look at the traffic
trips that are generated for Idaho
Avenue on a daily basis and that is
currently at a thousand and 33 the
reason I bring that up is because when
you're looking at elevate which we had
just adopted based on the sub urban area
that we are looking at or the urban
design or
I guess place types is what we have
classified the mass it says that our
urban placetype should have up to six
thousand trips this proposed property
has the concern of too much traffic
being within the area we're really not
close to that as far as this development
moving in or moving forward with high
intensity of a trade school notice was
sent out to all the relevant agencies
there were no concerns I'm provided from
any of the staffs or departments and so
the zone change was departed we did send
out surrounding property owners the
notice of the property going forward
with the zone change and we did get the
one email from mr. Pierson that was
forwarded to everyone this afternoon in
regards to is if it fits within the axle
area or if it fits within the
neighbourhood and kind of how the road
classification work regarding that I'm
looking at several of the properties we
have a lot of designated areas that are
already fully developed and we have
these two parcels that we tend to find
our in between somewhere and with that
we have to look at the surrounding area
and say ok this is an urban area or a
rim face type how do we start getting
our transition zones and how do we start
getting our town centers that we
proposed and so with that staff is
recommending approval based on the zone
change helps to promote a lot of our
policies now outlined within elevate our
code is going through the code
amendments or the changes in order to
start accommodating some of the policies
and the new plans that we've adopted so
we looked at this and said ok how do we
create basically just town centers this
is an area that can provide to the
existing community now you can get
education you can basically live in a
work area you can also be able to go and
shop and walk and work and not depend
any more on a vehicle you don't have to
have that automobile to get around and
get the amenities that you need so in
moving forward and looking at the areas
that we find it's how do we accommodate
the plans and policies want to see and
give people more offerings to the
existing services that are there so with
that I do provide you your options to
vote yes
and approved based on staff's
recommendation but no and deny and once
again if you do vote to deny please
provide additional facts or finding that
we're not provided with in your staff
report you vote to amend or you can vote
to table as a reminder you are
recommending work to City Council moving
forward if you have any additional
questions I'm here to answer them and
then we also do have the applicants and
their representative available for any
questions well thank you Sarah does the
applicant want to say anything I should
we go on to finishes Oscar LaVon for the
record we can go to the commissioners
and answer questions that you would like
okay so I'm going to swear you in then
so that you can answer right okay so I'm
one at a time who's going first I'll go
first
hey do you swear and affirm that
testimony you're about to give the truth
and nothing but the truth and their
penalty of law yes I do
okay next here young man do what's your
last name same last name LaVon oh we
wanna do you swear and affirm the
testimony you're about to give is the
truth and nothing but the truth under
penalty of law yes we've met you before
right okay so let's go to commissioners
Commissioner Gordon you want to start
Thank You Sara can you hear me I can I
can hear you Harvey mr. Gordon Oh lost
him Commissioner Gordon
did we lose him um you may want to go to
another Commissioner we'll come back and
then we can go back to harm Courtney
Commissioner Bennett
all right so it's not really pretending
to the case I do think that this
particular need is it's huge in this
town on trade schools are very important
and I think we do have issues with that
I'm in the cosmetology industry and I
find it challenging to fill my staff
sometimes so I definitely think that
this is very much needed now we have
seen you here recently under a different
case in a different proposal in a
smaller location were you still gonna do
that as well and then go into this other
[Music]
business or our additional trade schools
or I'm just I'm just curious um and
that's it
that's because of Honor for the record
and so we recently went through the
infill process for our our original
location at 24 sorcery Avenue three
locations
24:16 misery Avenue and 1744 traveese
Avenue which they're side by side and we
also purchased a lot that's right next
order that we intended to build a little
bit of that and also you see less
parking however it what we found we we
found after we went through that is that
there's just not enough parking for the
whole property combined we actually need
the way we figure it out close to a
cruise just for the parking throughout
the day off and on and where we are then
you just don't have enough that so we're
actually under contract to sell those
three properties so we can move forward
with this
property at Knights of Columbus awesome
thank you very much I appreciate hey
Commissioner Smith madam chair I would
maybe merge this question to Sarah and
to the Lovano applicants any that the
street is a collector and has
limitations with traffic flow or
capacity does this create with approval
a moment of immediate activity for the
city to deal with something as a as an
improvement or modifier missioner Smith
in responding to that um we don't really
see that right now there is currently an
issue with the traffic that's being
located there because with the way our
code is written at the time in 2001 we
base them on classification if you
actually look at a c3 zoning designation
within the regular zoning code that
doesn't have a condition for trade
school it only says that arterial
roadways are recommended and actually a
collector is recommended for a
see-through zone in this case it was
just because the actual trades will has
a condition that we have to go through
this portion of having a variance
associated with the zone change because
if it was just a c3 zone and we didn't
know was a trade school then they would
not require that variance we could
actually approve that moving forward
without that and so the way that the
road works and because there is so many
multi-family dwelling units and I can
actually share my screen again I had
actually seen some of the photos from
2018 2019 and 2020 which is a map and
with that map if you can see can you
guys see my screen right now no not yet
not yet Sarah let me share my screen
again I had went ahead and
and back to look at some of the existing
Street or the existing Street and how
it's kind of transformed over the past
couple years can you see them now yes
now I can see it hmm there's it's cars
parked along Idaho Avenue this was in
2018 there's another six cars in 2019
and now we're up to February of this
year so in doing some of the research
there's not too much concern of that
actual traffic and I think moving
forward some of the ideas that we need
to look at for the traffic standpoint is
if we're providing education and
businesses and allowing these zoning
designations to come in as a residential
we now have the opportunity to provide
pain maybe it's an a shared bike lane
instead of thinking we need more Road
for traffic or a vehicle or it's
walkability can we walk to school go to
school and then walk to our services so
I think this becomes one of our you know
project sites that shows how do we get
these Town Center's that we talked about
in elevate how do we start improving the
areas that are already built out and
provide additional services as well as
education to those who may want to go in
a tent not everybody has access to
vehicles and can go to you know Animus
your or the county or maybe they just
want to do the trade that's going to be
what's available for them and this is
their passion so we can provide these
areas and taking a local trade school
that has done very well within the
community giving them you know basically
a bigger site to work with we now
increase those who are starting to go to
school and wanting to get a different
career so that's kind of how we would
justify that traffic within the area
there is not that much of a concern if
this Street can hold up to 6,000 and
we're at a thousand right now we had a
lot of room Sarah as I look at the map
and thank you for putting that back up
again you don't have to do it again but
looking down at what is viewed as sort
of this Left Behind
oasis of space developed clear around
north
and is the plaza and shopping center and
commercial on one side residential on
one side and here is this little clean
little unused underdeveloped slate that
looks like something that could be
wonderfully used I think that's my view
as I see it is that where community
developing these madam chair and
Commissioner Smith that is the direction
we are trying to move forward one of the
opportunities we had was when we were
going through elevate was seeing that
how the mall was going to be able to be
transformed
what could some of the possibilities for
all of that extra parking space be
here's another opportunity someone's
willing to do that with the property
they're trying to bring in business
they're trying to bring in education
this is where I think we need to start
looking at these pilot projects and see
how we can try and help the rest of the
community without so yes I think
community development is more on that
positive side how do we start taking
these properties and change what that
dynamic may be and become as people come
in and want to redevelop and finally to
the Lavina applicants I have a sense
that you've had this idea in your heart
and mind for some time now yes that is
correct
um we actually when we have grew our
current property we have the option to
just kind of split it in two and go open
a little bit closer to Texas because we
do recruit a lot of people that come to
us from Texas because we direct people
from that's mostly because our school
has a different teaching system that
most other schools ooh we do believe
that we prepare our students and
graduates more and better in a better
way for their career than most other
schools do and that the word is getting
out so we are getting things from from a
lot of other places so when we started
looking at properties and this one came
up one of the things that seems the most
attractive to us is the fact that
there's a lot of apart
in that area so those students that come
in from out of town will be able to move
in into those apartment complexes and
then just walk to school every day which
will help also with our with our parking
situation now so I'd like to add of
course in the female perspective of this
as you know it's a really big area it's
five acres
I'm a dreamer but because of him I'm
eight he makes my dreams come true and
our plan is making into a really
beautiful campus it's all pretty much
dirt right now I don't know if you know
there's a baseball field on there so the
plan is to make it into a beautiful
campus and even around Christmas time my
one of my dreams is for Christmas
there's nowhere for these kids to go
anywhere I want to make it like a
Santa's Village and just line those kids
up come in I mean I'm talking ice
skating rink bring in just whatever we
can afford to do I just want to make it
a beautiful beautiful campus and just go
big around Christmastime because I love
Christmas and I just I want to see us do
something for all these kids here these
little kids you know so that's those are
my thoughts sorry
I enjoy your emotions that my wife is
always telling me that I make her dreams
come true Thank You commissioners lift
it did we get Commissioner Gordon back
can you hear me yes now we can hear you
I don't know what happened before well
basically my question was just a fact of
did these people have a come to us
before with the property that they have
on Lomond and I was just wondering what
was happening to it when they're
planning on moving to this new facility
it seems very nice that they do have a
possible
for it and that they would be able to
take that money and go over and develop
this other property in which case I
think that if they're able to provide a
a school to give jobs and training and
hopefully these people will stay in Las
Cruces and contribute to our community I
think this is very favorable project and
I would approve it thank you any other
comments or questions
just-joan Thomas I mean I was I was
curious when we started I recognized
y'all's faces but ours trying to
remember from where and so I'm glad to
see you all again
I just wanted to compliment your
ambition in your vision in what you're
doing and then also to wish you well for
any when you see me on here you've seen
that my hair is a little different than
it normally is
I have tried cutting my own hair the
last couple of weeks and the good thing
is it's short enough that if I mess up
well I can try again next week
and so no I definitely appreciate the
work that you all do I hope that sooner
rather than later we can be moving
forward especially for folks in your
field does I understand what this is for
folks right now so I just want to wish
you well in that and thank you for the
work that you do thank you mr. Minnis
yes I remember the young couple and they
shared their dream with us at the
previous meeting and I thought the
property they were presently on was too
small and now I see they are ready to
expand and continue with a dream and I
congratulate them for holding on to a
wonderful idea and I'm looking forward
to voting yes to your project this time
yeah yes I remember you as well and also
I go to physical therapy just a little
further down the street there so I gone
by this property many too many times and
wondered why there was this huge empty
space in the middle of that area where
everything else is developed so I think
it's a great project and it'll very much
contribute to that neighborhood in that
area so thank you very much for
continuing and for deciding to expand
with in Las Cruces there
moving elsewhere we appreciate that
thank you
okay so we'll vote now madam chair
manager yes I don't have a raised hand
if possible would you guys please or
would I have the Commission please vote
on the variance portion of it first
because that is something that's final
action by our Commission even though
there's not a second case number we
would just like to move this forward to
City Council as a seat rezoning because
variances are through candy and so if we
could do a vote for the variance of the
right away and then do the vote for a
recommendation to City Council on the
zone change I would prefer that so
should we do a separate motion for the
variance then on the right away here
that would be yes please do that first
so we would do motion for the approval
of the variance for the 40-foot right
away with and then approval for the
variant or approval for the zone change
going forward to City Council and Madam
chair mrs. Larry for the record that's
exactly right and that way we'll have it
prepared for City Council action once it
goes to that stage okay so I need a
motion from someone to approve the
variance for the 40-foot right away I'll
go ahead and approve the mill so for the
variance for the right way okay there a
second I second any discussion okay
Commissioner Gordon based on discussion
staff recommendations comply with the
hopes of our new comprehensive plan I
think that this is going to be a
wonderful project I really give them a
lot of credit for doing this it's a big
thing and I hope them I wish them all of
our success in the world and I would
definitely vote yes so we're just voting
on the variance for the roadway right
now so I'm sorry yeah I do vote yes okay
all right Thank You mr. Sanchez on the
variance I vote yes based on staff
recommendation
and I will send the best of luck
commissioner Bennett
I vote yes based on staff recommendation
topic engineer approval mr. minis
I vote yes based on staff recommendation
semester yeah no I vote yes as well on
the variance base of staff
recommendation and care abouts
yes as well based on staff
recommendation for variance okay now
we're gonna go back to the original
motion um Commissioner Gordon well not
to repeat myself but basically what I
just said I definitely wish them all the
luck in the world
Thank You Commissioner Sanchez well yes
the elevate Las Cruces comprehensive
plan supports this it's also in line
with complete neighborhoods it will be
consistent with other land uses and it
encourages infill development Thank You
Commissioner Bennett I vote yes
meet staff recommendation based on site
survey I think it's a need that that is
that a it's a students are much needed
this this was going to help a lot the
expansion I think I think there's
definitely space for this and I think
it's going to help the city tremendously
mr. Muniz I vote yes and I feel that
they will definitely help to elevate Las
Cruces with this project and I wish you
best of luck mr. Garrow yes as well just
because you know last time we were in
the meetings for the comprehensive time
this is exactly what we were discussing
and wanting so I guess I yes because of
the comprehensive plan nice no Smith
manager I vote yes I think it serves
community development
it does well with infill and I think I
echo everybody's enthusiasm for their
energies and their creativity for
education and for the ability and the
chair also votes yes based on staff
recommendations and especially the idea
that this zone change will promotes what
we're trying to do with elevate las
cruces and maybe this area will
gradually develop into a town center and
that would be a wonderful addition to
that neighborhood so that motion passes
seven to zero that's the end of our
items there any Commission commentary
anybody want to make any final remarks
Commissioner Smith madam chair I wanted
to voice an appreciation to Larry and
Sarah and staff Debra for your efforts
putting this meeting together under
these conditions with a creative tech
side as much as you have ambition to
serve your applicants I think the
Commission has ambition to be there for
that need as well so you've put it all
together very nicely Thank You
Commissioner Bennett I just want to echo
Russia's words yeah sorry Abraham if you
want to go first go ahead
all right no I just also echo rathas
words um I think it's awesome that you
know the city staff was able to put this
together you know because I mean it is
true we can't just be sitting on cases
and not doing anything about it
and the top of that you know I think
that way the city is also promoting
you know commissions and boards and
stuff pricing safe social distancing so
thank you so much and you know hope
everybody continues to stay safe and
healthy tomato Sanchez yes briefly I
will say Amen to all that that everyone
just said and then I do just want to
remind folks um and I think in this time
it's very evident that there is not a
thing in our lives that it's not
affected by elections and local
leadership and so I want to strongly
encourage everyone coming up next month
we have a primary election for the state
of New Mexico
I want to strongly encourage everyone as
much as I can to exercise your right to
vote and do it in a safe and healthy way
so please visit NM vote org you can
apply for an absentee ballot there have
it sent to your home and you can vote
from home just like we've all done this
meeting from home in a safe way so I
just want to make sure folks know that
NM vote org get on there and be safe and
make sure you vote thank you we need
that reminder mr. Minnis I agree with
everything that was said you all took
the words out of my mouth and all of us
stay safe Thank You Commissioner Gordon
there's not much that I can add to what
has been said already but I think it's
very important that everybody exercise
being safe I think as best care you of
yourselves that you can exercise but
this is amongst other people and we look
forward to having this hopefully it
would be nice if we could get back to
regular meetings at some time in the
future but until then this effort to me
has been unbelievable that we were able
to do this because I just think that to
let these cases pile up would be unfair
to the petitioners I know we would be
willing to do this to work at a time it
were taking to go over as many cases
that we would have to do but this way at
least a lot of them will be taken care
of so in the meantime we want to thank
you me any development and the city for
playing us together and again everyone
stay safe
thank you and I just want to say
everything that everybody else said yes
I'm so happy to see us using technology
in this manner and again stay safe
take care of yourselves follow all the
directions and this Commissioner Sanchez
says don't forget to vote so now we're
moving to staff and aspect mr. Gordon
mr. Nichols you wanted to do that sorry
was there for a moment I just want to
thank the Commission for having such an
open mind as to be able to bring this
type of venue to wholly a public meeting
that required not only your
participation through the electronics
through the zoomit electronics but also
though being able to have the
participants and the applicants people
to give comment to you so that it was
truly a a public meeting that was
followed the protocol for to conduct
business I congratulate each and every
one of you for professionalism and the
the way you handle the meeting it was it
was superb I do have to highlight mr.
Smith's background I don't know how you
achieved that but it was quite
interesting to me how you got through
the puz Commission advertisements there
behind you I thought that was very
clever with that madam chairman I again
the staff thank you for your
participation and willingness to conduct
a meeting with this protocol and with
that hue back to the Chairman okay I
just want by saying okay we did it you
learned how to use the technology and we
managed to actually do the meeting so is
there a motion to adjourn
Oshin madam chair to Larry's comments
about the technology this is always in
zoom this E&Z behind me so it can be
done
but do we still have coffee on the dice
when we come back real I I think I'll
miss this part okay madam chair Minister
sorry will will not only have coffee or
tea whatever your preference is but
we'll throw in a few of cookies to go
with it okay thanks we'll look forward
to that
okay so everybody in favor just wait
okay
this adjourned and the time is 7:30 3
p.m. thank you everybody