[Music] good evening and welcome to the march 22 2022 meeting in the planning and zoning commission the time is 6 pm let me call this meeting to order first i needed a motion to approve the agenda please i know so i would like to make an amendment to the um to the minute no i want to prove the agenda oh okay all right just give me a motion i make a motion to approve the agenda a second becky board member smith yes board member kaiser yes board member bennett yes chair gordon yes thank you okay before we start though i would like to just say something uh lavon munoz has resigned as a commissioner for the planning and zoning commission and i would like to thank her when she's not here i hope that she's watching for the years of service that she gave to us she contributed greatly and we're going to miss her she also did a great job as secretary so avon thank you very much i'm those members of the commission who were here when she was here i'm sure we'll agree with what i've just said all right first of all is there any conflict of interest no seeing none all right now the next item on the agenda we need to elect a secretary since lavon is not with us any longer i need a motion to mr smith i uh motioned that scott kaiser uh be nominated for secretary a second okay becky please board member smith yes former kaiser yes bennett yes chair gordon yes thank you i now i need a motion to approve the amendments and if there is any corrections uh i make a motion to approve the minutes with an amendment uh that harvey gordon be listed as chair um luis guerrero will be listed as vice chair and lavon be listed as secretary in the in the minute i need a second i guess commissioner spent that second board member smith yes guerrero yes oh sorry yes thank you sorry for bennett i abstain i was in at the meeting thank you for kaiser yes cheer gordon yes thank you all right now on the agenda there are two items one and two which have been indicated as a postponement i assume that this will probably be at the next meeting there was not enough information available that we could have acted on these two items all right is there anyone in the audience this evening who has anything they'd like to say that is not on the agenda this evening all right seeing none take care of that all right now the consent agenda is there anybody on the commission has any item that he wishes to take interest in uh chairman i'd like to pull the second item on the consent consent agenda for discussion that's the nfl development request at one two two five chiquita avenue all right we can get a motion to do that please all motion to pull item two from the consent agenda for discussion all second board member smith yes for member kaiser yes remember bennett yes guerrero uh yes chair gordon yes thank you all right in that case then we assume that item number one is approved for consent and we will deal with item number two commissioner fraser commissioner fraser item number two kaiser i'm sorry i'm sorry yeah that's correct pulling item number two okay please address your concerns chair if i could uh just point out that we do still need to vote on the remaining item on the consent agenda so just vote on the consent agenda as a yes so you voted on polling item number two but now you need to vote on the consent agenda as a whole so that would approve number one okay did i need that motion please i make a motion to approve the consent agenda i'll second it board member smith yes board member kaiser yes former member bennett yes board member guerrero yes chair gordon yes thank you okay now commissioner kaiser uh forgive me but um is his staff willing to provide a presentation on this before i jump into my questions and concerns chair gordon commissioner kaiser yes vincent banegas for the record i've got a full presentation if you'd like to hear that i would appreciate that i don't know if other members of the commission wouldn't mr chair were you going to leave it as the first item for consideration or move it to new business we can deal with it now okay okay vincent banegas interim planner for the record mr chairman commissioners and good evening this is an infield development process request located at 1225 chiquita avenue the use as proposed is basically a contractor's building for warehousing of items that they use storage of items they use and of course the occasional vehicle storage in in the yard the current conditions of the property are as follows approximately 75 feet from the intersection of chiquita avenue and santa fe street sits the subject property it is currently zone c2 which is our commercial medium intensity district and it does involve two lots lots 22 and block 8 of cox's first subdivision 117 they are both vacant at this point in time and will both be developed if if the idp gets approved this evening the properties sit within the infield development boundary and because they are underutilized and within set boundary there are qualifying parcels for idp consideration the combined acreage of both sits at roughly 0.158 acres or 6 900 square feet and this map is a zoning map showing the location of the parcel chiquita avenue is located here where the pointer is moving the subject parcel is outlined in red sits in the c2 zone as does several other properties both nor north and south to the west of the subject location you do have a variety of other not only uses but you have a couple of different zones both r2 which is our multi-family low density residential zone and then our r3 which is our medium multi-family medium density residential zone you have a mixture of uses in here both single family located along the south side of chiquita in certain spots and locations you also have some service industry car repair transmission repair things of that sort on fronting parcels in long solano immediately east of the subject location is where a previous idp exactly the same type of request came forward in 2019 it was ultimately approved by the commission and again it seeks the same if not probably 98 percent of the same variables as as we have here this evening for this particular request immediately west of the subject property you have i believe it's a distribution center or collection center for habitat for humanity some of their materials are stored there etc and then as indicated some multi-family elsewhere along the west side of santa fe street here's an aerial map further illustrating some of the uses again this is habitat for humanity property you've got the service type uses here automobile related transmission etc and then a mixture of housing further west and further south so the proposal breaks down as follows basically they are wanting to construct a building that will house the contractor office small office majority of it will be storage as well as the yard for the placement of some of their vehicles etc overnight and then of course they would either drive there pick those up and take them on site et cetera but there are several deviations that are part of this proposal number one when i wrote the report there was a request to utilize the two properties as they sit today meaning they would not be requesting to replat the two into one property i've talked with the applicant's representative before this meeting they're willing to replat that so that's less of an issue that is one of the conditions that staff placed on recommend recommending approval of this case and i'll get to that later in the presentation ultimately though you have what amounts to a 3 100 square foot deviation to a minimum 10 000 square foot lot size for a c2 zoning parcel in every zoning code or zoning district however rather you have minimum lot sizes and and in certain instances maximum lot sizes so in this case it's 3 100 square feet to the minimum of 10 000 that's required of the c2 zone and you also have an 8.46 deviation foot deviation to the minimum 60 foot lot width so when you combine those two properties together the minimum width has to be 60 feet and it's just shy of that by 8.46 feet there's a minimum rear yard setback and a deviation of five feet to that and request to provide no road improvements along chiquita chiquita is a city roadway it's an unimproved roadway has no paving surface no curb and gutter no sidewalk and so there are some triggers in the codes that may require improvements to chiquita under different circumstances and i'll get to those in a little bit but nonetheless in the design standards at minimum there is some language that talks to requiring access to the nearest improved street which in this case would be santa fe santa fe street and it would be a paved access there's also a request to allow compacted gravel or crusher fines in lieu of the asphalt concrete or other suitable surfacing to not only minimize dust but for parking on the property for the use in question and there's a request to not be required to install landscaping as per section article or article 4 of the las cruces design standards this is a layout or a site plan showing the proposed parcel it's showing it as a combined element and the proposed building is shaded out the setbacks are shown accordingly five foot on the sides this other eastern side has a bit more about eight feet a little over eight feet so that would comply your front setback is well in hand at 25 and the rear that's part of what the request is to allow five foot deviation i rounded it a little bit so i just used a whole number of 5 for that deviation chiquita avenue is located here so technically going back to that design design standards issue they would have to provide a local roadway what amounts to a local roadway or paved surface from this location out to santa fe which is further on the west side in terms of analyzing the proposal staff did not feel this is necessarily out of character with the immediate area surrounding area neighborhood i pointed out some of the land uses that were in place some of the construction that was in place is metal buildings much like what was proposed in this case they would be stuccoing the exterior of the structure applying the necessary surface onto the metal panels to allow for stuccoin we didn't find any health safety or welfare related issues specifically and we felt that this proposal again was consistent with the 2019 case that was approved by the commission again seeking the same allowances as presented this evening in terms of public input notice was sent to the surrounding property owners pursuant to code i did not receive any input any questions any calls anything regarding this case staff recommendation is as follows we thought that a conditional approval based on findings would be warranted i'll start with the conditions first again the applicant does not have any problem with the first bullet but that's stating that lots 22 and 23 be re-platted into one lot prior to the issuance of certificate of occupancy so they'd be allowed if approved this evening to go ahead and submit for their building permit but prior to any certificate of occupancy that would be issued they'd have to complete the re-planting process going from two lots to one the second condition would require an opaque screen fence or wall be placed around any of the allowable fenced in storage prior to the issuance of a certificate of occupancy as well that can easily be handled via the building permitting process but i didn't feel it had any harm being referenced as a condition for the idp and then finally staff when we looked at this and i recognized that we also looked at the 2019 case quite frankly the only thing that has changed is our comprehensive plan we had a comprehensive plan 2040 in effect at that time and now we have elevate las cruces currently and although there are some similarities i thought perhaps we were lending a little bit too much latitude to the request and so i put in this condition that seeks that any change in land use or occupancy type of the building would require compliance with landscaping access parking and other applicable standards as per article 7 which is our non-conforming section of our zoning code so even if the property sat vacant for a year let's say they they would have to get their business registration at this location but let's say they go out of business or they simply don't renew and we have no record of a continuance of operation for a year or more the non-conforming use provisions would be triggered and they would then have to come into compliance the next business that sought to locate on the subject property even if it's the same business also if there's any expansion of use 10 percent or greater that too would trigger compliance issues and of course any change of use so right now it's technically a service type use and that is construction facility construct contractors facility if they went to a commercial as an example that would trigger non-conforming so there's different triggers that would require compliance with with all the other provisions staff felt that applying this kind of granted some flexibility to the applicant the property owner to to develop vacant land make those parcels active use parcels and at the same time guaranteeing that at least in some future date the city would ultimately get the development requirements that would otherwise be required so in terms of the findings associated with the recommendation the subject properties existing vacant property as indicated it falls within the ideo and it is eligible for idp consideration it uh basically takes two vacant parcels as indicated and develops them into active parcels furthering potential economic development opportunities in our community it also is supported by the infill policy plan criteria for decisions in the muni code pursuant to section 2-3-82 it is consistent with that 2019 idp case deviations are the same it is also supported by various goals policies and actions of the elevate las cruces comprehensive plan it meets the purpose and intent of the 2001 zoning code section 38.2 it is falls within the urban neighborhood place type which is characterized by medium to high density residential land uses in areas of supporting neighborhood commercial development this may not be commercial per se but there's latitude in how these place types are applied and a service of this sort at least in terms of what's proposed is felt to be in in line with those provisions the property is also located on a commercial block that's characterized by commercial storage and service related businesses which front chiquita avenue and your options this evening mr chair commissioners is to vote yes and approve the case as presented you can vote no and deny it just keep in mind that denial requires new information or findings of fact facts that are not identified by staff during our review and you can vote yes with conditions staff would recommend that you consider the conditions that were presented by staff you could also look at the various requests the elements of the request by the applicant and you know you might feel that you like several of those and maybe have issue with one or two in which case you want to remove those from the idp approval process so you can make those a condition as well and you can vote to table the case and those are the options before you this this evening mr chair and i'll be happy to stand for any questions you may have we have mr steve green the applicant's representative in attendance this evening so if you have any further questions he's here to answer them as well i thank you are there any questions from the commissioners commissioner kaiser thank you chairman um so i just want to i guess get some clarification um on the record here and i don't know if this is going to be helpful for my colleagues but in an earlier conversation today it certainly was helpful for me so i just want to clarify that the non-conforming element of this application is not the use of a commercial storage facility itself but the underlying lot size as it pertains to its zoning even when combined into a single lot that's correct mr chairman commissioner kaiser that is correct both lock with and area thank you um so i'm i'm certainly i understand the intent behind this particular infill development process this is certainly an area of interest for the city as far as redevelopment it's an established part of the city it's near downtown but what i'm having difficulty reconciling here is the fact that underlying all of this we're being asked to approve a non-conforming use right out of the gate and in exchange for that approval we're also waiving all the development standards that would be required so from from my perspective i'm having difficulty reconciling those two things and part of the reason is because if we're going to give all of this away as far as the development centers that we have in place through our comprehensive plan and our development code we should be getting something in return and i'm just not sure that this specific use in this specific location is really giving anything in return if that makes sense um they're getting everything that they want with no assurances to the city and the community that they will come into compliance at a date unknown and one of the things that i'm particularly i guess focused on is the request to waive the landscape requirements do we know what the landscape requirements would be if they were required to comply with that yes sir mr chairman commissioner kaiser in looking at the site plan that was provided by the applicant staff did some calculations utilizing article four the las cruces design standards the lot size is 6 900 square feet if again consider it considering both lots the building was identified to be 2400 square feet so you take the lot size minus the building square footage and that remaining square footage times 15 percent nets you 675 square feet of landscape area and according to the provisions article 4 provisions then it breaks it down by how many trees how many shrubs how many how much ground cover you're required to have and i've got those numbers if you'd like to hear those please so based on those calculations one tree uh would technically be required as part of the landscape requirement uh 14 5 gallon shrubs 100 square feet i'm sorry 67.5 square feet of ground cover or 6.75 basically seven one gallon shrubs thank you so from my perspective this doesn't seem like much of an ask for the the applicant we've got a use that is industrial-ish in nature if you will it's a storage facility there's already a lot of those on on solano avenue in this corridor we've got residents that are adjacent i just don't think a a fence or wall is is really sufficient here [Music] it just seems like if you know i'm sympathetic to the the applicant's position here um but but i'm i don't think asking to do landscaping is really a major burden you know this part of the town could use some additional landscaping it keeps dust down it provides stormwater benefits it provides some visual softening of the wall in the facility itself for for neighboring residents so from my perspective i'd like to see that requirement still be in place i don't feel like it's it's a great burden here um [Music] so those those were just some of my my questions and concerns related to this project commissioner kaiser i just have a question for my clarification so what you'd like to do is you like to have these shrubs in the one tree also with the opaque screen around the property is that an additional it would be in addition the landscaping would be in addition and actually just one additional question on top of that the wall itself is there a setback from the property line required there and mr chairman commissioner kaiser in this particular case in that the adjoining parcels are commercial or service related they could be right on the property line or just inside the property line even on the the main access what's the name of the road um yes uh mr chairman commissioner kaiser along chiquita avenue they could go just inside their property line they'd have to comply with a maximum six foot height if memory serves for front yard location criteria and then go up to eight feet beyond that understood thank you and to answer the question yeah i think the landscaping would go would would be a simple simple request here to soften the use and provide some benefit to the to the neighboring community thank you um does the applicant have anything to add to this what our discussion just come forward certainly says please speak your name and before you talk i'd like to swear you in please okay you're right do you swear for him at the testimony you're about to give is the truth and nothing but the truth under penalty of law yes sir okay would you like to address commissioner kaiser's concern sure uh steve green for the record um i would just like to say the reason behind the non-landscaping sir was not to necessarily avoid it but what the purpose of the yard is is basically to try to get more yard space for the storage of stuff the landscaping being that it would more than intently be behind the fence because of the fence going to the property line i don't know if it would provide a great benefit to beautifying anything that was the only reason why not the other reason is is he doesn't intend to have any water run to the storage unit itself so now having to do landscaping to require a water meter et cetera and everything else so technically that was the reasoning behind not doing that it really wasn't to try to avoid uh making things prettier i think that was the intention behind it so i just wanted to clarify so that's why i'm not so sure landscaping is going to help much now there was a ponding provided and he does intend to lay down flat cover in there you'll see there's a note that said gravel he will gravel the yard to help keep the dust and maintain the dust down from trucks and stuff going inside there so that was really it thank you that's helpful i'm wondering if and i don't know if this is the venue for this but i mean perhaps there's a compromise here i mean perhaps bringing the wall in a couple feet from chiquita avenue and doing some simple landscaping along there i think is is a fair ask here i mean gravel is great but what does gravel do my dogs roll around in the gravel in my ear all the time and they're filthy they're covered in dust i mean it doesn't really do anything it's not providing any mutual benefit here so i think i don't know if that if that's something that the applicant is willing to entertain but i think just throwing the book out the window why do we have the book then i mean i i understand the purpose of the end phil but i also think there needs to be some discussion about what is the bar to where we we concede these things i mean no no offense to the applicant but i just don't see how a storage shed is really providing any additional value here at least not to the extent where we have to throw everything out the window because we're so desperate to develop this property that's just my perspective commissioner guru i actually absolutely agree with that um you know i think when we when we were discussing you know uh last year the the elevate las cruces and talking about infilling um i mean at some point i mean to me infilling means you know like more housing or it means more businesses or you know parks stuff like that not just not serious storage shed not that not that i mean storage is definitely needed but it can't be that needed where we have it everywhere so i mean i completely agree with that just wanted to throw that out there just for consideration of everyone is there anyone from the public who would like to speak all right seeing none then i guess we have to take a vote on this i guess we're going to have to find if someone any commissioner wants to make an amendment to this i would assume in this case adding that additional that additional condition yeah so i may need staff's help here but i'd like to motion to approve this application but requiring the landscape i guess what is it yeah so so i guess i'll make a motion to approve with conditions uh as listen to staff report numbers one through three and in addition adding uh the landscape requirements that are outlined in the development code i have a question for council if if we vote no if the majority votes no that sort of kills the whole item so can you come back with a second vote without the amended condition oh yeah if you kill the amendment you can do a second vote for without the amendment all right i think there's going to be some discussion with mr banegas and the representative i want to make sure we get this correct mr chairman commissioner kaiser in talking with the applicant they'd be willing to move the fence inward towards the property and landscape the first 15 feet yeah i think that's more than fair okay that way all right then i i think we need then a emotion to [Music] with this to air this condition specific to what the applicant has just said about moving the fence and then putting in the landscaping is that correct moving defense 15 feet back and putting the landscaping on the street side that's correct does that satisfy you yes it is i guess i've been advised that we really then have to withdraw the motion to approve this item and make a new motion with the condition that the applicant has agreed to mr chairman commissioner kaiser correct me if i'm wrong but what i'm hearing is that the three conditions that are up on screen still pertain and that you're adding a condition regarding landscaping for the placement of the front fence 15 feet back from the property and within that first 15 feet that landscaping be installed in that area that's correct council you wanted to add something commission no i had i didn't think there was a second on the first motion but if i'm wrong i'm wrong okay there was never okay then i think we need now a motion to approve item number two i guess it is uh we the addition of this additional condition okay so i'm making a another motion here that we're going to approve uh with the conditions listed in the staff report numbers one through three and adding a condition to require a 15-foot landscape buffer between the wall fence and chiquita avenue do i have a second on that i'll second board member smith yes based on staff recommendation board member kaiser yes based on staff recommendation and the applicant's willingness to compromise tonight former bennett yes based on site survey staff recommendation and the conversation today yes based on staff recommendation as well as uh just a conversation today with the applicant chair gordon i vote yes based on staff recommendations the additional con the additional condition uh the elevate las cruces and uh they used finding of another piece of land infill all right now we can go on to old business i guess item number one we have we have a presentation from staff we do catherine harrison rogers with staff this particular item is a variance to the sign code for a sign proposed at 510 south telshore if you recall this had been advertised last month but was pulled in order to accommodate essentially an additional variants that we discovered during the review so i'm going to talk about what's being proposed we do have another sign variance for the adjacent property as they work somewhat like a business center and that will be discussed later on under new business this particular site is currently under development if you've driven by you will have seen that it's been actively undergoing site development and now there's a building that is well under construction for a commercial enterprise a future restaurant it's a little over two acres something that's unique about this building is that it has frontage along east lowman avenue is accessed via telshore and through an internal local private road which is known as mall drive it's essentially that ring road that circles the mall that we we all probably know if we've if we've actually gone to the mall to shop um it is zone c3 which is commercial high intensity and and completely appropriate for the use that's being constructed at that location here's a picture i've listed both properties as they are somewhat working in conjunction 510 is this larger property right here you can see that this is the mall property where i'm swinging my cursor and the other property that we will be discussing a little later in the evening is 550. here's an aerial these were relatively new i think done last month so you can actually see the building that is currently under construction right here and i'm going to talk about what the allowed signage is at the site and what's being proposed on the site and i'll go back to those pictures and highlight generally the area of where they would like to place a sign so this particular property is limited to one free standing sign along its primary access which is mall drive which is a private local road they can't utilize the standards for a controlled access roadway which is east loman they they because it's controlled by the new mexico d.o.t they can't actually get any sort of driveway off of east loman under these circumstances the maximum height is 30 feet maximum size of the sign is 150 square feet and the minimum setbacks are 10 in the front and 5 on the sides the variance being requested is to actually utilize the sign provisions for east loman which is a principal arterial so this would apply the height and the size standards and the location for this particular sign along east loman that would be a maximum height of 30 feet so so no change there a maximum size of 200 square feet but i would like to point out that this particular sign isn't going anywhere near that it's only 110 square feet according to the site plan that we do have and they would like to actually utilize a setback of nine feet nine inches normally for the standard front setback at this location it would be 15 feet but there is an additional request to deviate from that um so here is the property in question you can see that the sign location is located near lowman avenue um here is a close-up of essentially that sign in the setback you can see with my cursor right here that and then the sign itself this is just a visual and elevation so you can see the freestanding sign and that the copy area would be what i'm highlighting here with my cursor i'm going to go back to the aerial just to give you a sense of where that might be located so generally of course here's the building and it's located around here as you will notice there is a significant drainage area along lowmen and there is a significant elevation difference one of the reasons that they're interested in having a reduced setback towards the front is simply to address some of those issues having to do with the distancing because of the topography and elevations as well as that drainage area and the edge of pavement in terms of public notice and input this was sent to staff to all the applicable reviewing departments for review all of those departments did support the request there was a recommended condition i will go over that in a moment and notice was also sent to surrounding properties prior to the pnz meeting of both february 22nd as well as the march 22nd meeting tonight we have received no public input on this at all there are some specific criteria for decisions outside of the normal ones that this board normally considers as as part of a request specific to variances one being a physical hardship relative to the property in question the potential for spurring economic development either at a neighborhood or a regional level and then monetary considerations relative to the options available to meet the stated objectives of the applicant i would like to point out not all of these criteria have to be met only one and in this case during staff's review we did feel as though two of these criteria were met and i outlined that also in the staff report this evening staff is recommending conditional approval of this particular variance specifically because this really is a unique site in terms of its access and some of the other conditions on the property or adjacent to the property we do feel as though the requests for these particular variances do meet the criteria for decisions as described in the staff report and then outlined in article 2 section 38 10 j of the zoning code the condition is really specific to how the sign is constructed if you had an opportunity to visit the site there is a significant wall that is being constructed and one of the issues is to ensure that the footing of that sign essentially is not is is not going to have negative effects on that wall that is retaining a significant amount of fill um and so that is something that we would determine uh through our permitting process and our engineers would look at closely along with their design professionals so if there are any questions i'm happy to answer that there is a representative from pdg development also available to answer any questions about the proposal i thank you catherine i just i don't know if any of the members of the commission at this point were here i think it was maybe two years ago when this item was first approved by the commission this piece of property uh and we approved it and then it was a tremendous conflict with the mall owners as to the use of the mall drive but eventually they came to some agreement and this project has gone forward so i think it's going to be a sleep store restaurant and i don't know what else is going in here at the moment but anyway is there anyone from the commission has any questions mr kaiser just a quick clarification so what we're approving tonight is the sign as proposed or the full allowance of what they could do based on the sign ordinance so the way the report was written is essentially to be able to utilize the criteria as outlined for a principal arterial and to allow that freestanding sign along that controlled access roadway however if you would like to limit it to the sign as designed in terms of 110 square feet the height which i believe is it may be 30 or 29 i'd have to double check you can do that as well but the way the report was written was just simply to apply those criteria thank you i do have a request though kathryn it's nothing to do with the principles we're talking about but when we do get our staff it was simply impossible to read the dimensions this i don't know if it could have been done any better but even with a magnifying glass i couldn't see how big or how high or how anything was but you've explained it to us so all right is there does the applicant wish to make any comments i sing none is there any questions or any comments or someone from the public who'd like to speak on this item all right seeing none then i guess we can have a vote i need a motion then to approve item number one on the road business just for clarification point of order i would recommend adopting that condition as well all right i make a motion to approve case number one with the condition outlined in the staff report and i'll second it board member smith yes based on site visit and staff recommendation board member kaiser yes based on staff recommendation board member bennett yes based on uh site survey and staff recommendation guerrero uh yes uh based on staff recommendation and uh it just makes sense to have a sign there chair gordon i vote yes based on staff recommendation and our discussion we have five zero all right then we can move under item number two under all business uh catherine who's doing that one catholic i'm going to turn this over to vincent okay mr chairman vincent banegas interim planner for the record this case involves property located on bataan memorial west it involves the rezoning of property it's a single property with three different zoning designations upon it it is currently r2 c2 and m1 m2 r2 again is our multi-family low density residential district c2 is our commercial medium intensity district and m1m2 is our industrial standard district they're looking to maintain the r2 portion as is so that does not change the piece goes to c3 and that's for conversion purposes to make it compliant with current code and then the m1 m2 designation they're looking to what we call pancake or slash zone it and add c3 to it and this is case 21z0500141 so current conditions property has addressed the 3999 baton memorial west it is a 28 plus or minus acre vacant multi-zone parcel as i indicated i won't bore you with the zones again but i do want to let you know that the breakdown of acreage is as follows uh roughly four acres is our two uh 14.6 acres is currently sown c2 and the remnant portion which is 9.4 acres is m1m2 now the current zoning just to repeat for the c2 portion and i'll show you a map here in a second is going from c2 to c3 brings it into compliance with current code there is a a cap on the maximum lot size for c2 zone properties at present it is one acre a cap and because the c2 as indicated is over 14 acres we have a non-conforming district for going to see through c3 is what staff refers to as a conversion zone and would make it a compliant portion so here's a map showing the subject parcel outlined in red you have mcguffey street located on the east side of the property you've got baton memorial west located on the south right up against the property on the west side you have tavis estates up in here and then i believe it's monte sombra a subdivision you have various residential single-family style development in on the north side of the property you do have interesting zoning here at h zone probably a holdover from the annexation that occurred uh which probably brought in this piece uh there were two annexations actually that affected the subject parcel and maybe this was one of them i didn't find out enough about it but nonetheless you do have some porti porta potty type business maintenance business here and i believe what appeared to be a small very small kind of mobile home park uh in here there were some mobile homes on the property and it was more than one so i'm not quite sure what all is going the eight zone designation is a holding zone it was usually used to put a place a holding place on property on the zoning of property upon annexation when the applicant or the property owner did not know what they were going to use the property for so when this property if it ever changed use that age should go away and become whatever's applicable given the land uses on the on the tract of land but regardless this is the outline you've got your m1 m2 shown in this light purple at least according to those screens the c2 in the middle and the r2 up top here here is an aerial view of the same parcel you do see various roadways montesso street dead ending right kind of at the north west corner of the property mcguffey street providing obvious access there and baton memorial west as well so the proposal is again to rezone maintaining the r2 piece as is converting the c2 to c3 that was more of a staff request to bring about compliance with that segment and to add a c3 component to the existing m1 m2 zoning on the southernmost portion of the property roughly speaking 66 if you consider the r2ps remaining intact and basically the c2 go to c3 uses basically 66 percent of the entire parcel remains intact from a land use perspective it's nothing immense is changing in terms of land use it brings about compliance to that c2 zone and in pancaking excuse me the c3 on top of the m1m2 staff feels that it allows for greater development flexibility potentially allowing for uses that are more congruous to the surrounding development and neighborhood as opposed to just your strict application of m1 m2 in that m1 m2 zone you can have certain commercial uses they're far more limited than what you would find in the c2 c3 district but by adding c3 then that opens that up it also sets in motion a proposed and i believe i got this right the term build for rant style of development it's a residential style of development it for i won't steal too much of the thunder we got mike clemons or clemen in the audience who's the representative for the applicant he'd like to speak on the proposal that they have in mind for this property but nonetheless it it has a look and feel of some of the residential neighborhoods that we see around town but it is geared towards the renter market as i understand it there are some amenities that are being proposed ball courts community buildings etc based on a proposal that they shared with staff some time ago and certainly the concept that was presented certainly seemed very nice a very nice fit to what is around it and i'd like to emphasize also that with little effort the applicant would be able to accomplish today what is being set in motion for the near future so with the r2 and c2 district they could virtually do what they want to do they may have to either seek a non-conforming certificate for that c2 piece or subdivide into one acre lots with shared access etc in order to make the vision a reality but it could be done i just show this for illustrative purposes information purposes this is what they shared with us i don't have all the details of this mike will be able to better inform you as to the configurations and what's going on here but this in essence is the r2 piece and what you see here for the most part is the c2 zoned portion at present this in here is the m1 m2 so i'm sorry i had to orient that in in this horizontal position as opposed to north being up but in order to make it a little larger for us to see i had to do that some photos just of the property nothing exciting about it it's vacant at present there are some billboards and located along uh the frontage road baton memorial but this is looking west at the intersection mcguffy and bataan this is looking due north from bataan memorial west and this little set of homes etc is the easternmost edge if you will of tavis estates this is mcguffey looking southwest again vacant you begin to see some of the the residential development on the north and this has going to seoul roadway here where dead ends uh into the applicant's property in this area this was that holding zone property that i was referencing earlier i didn't take a picture of of it but nonetheless it is located there so in terms of analysis commissioners we staff did not find any health safety or welfare related items of concern the proposed zoning districts would provide compatibility with the existing uses that are surrounding the subject property and within the adjacent neighborhoods the properties within suburban within the suburban place type as per elevate las cruces the comprehensive plan encourages mixed use and low to moderate residential densities which i think the applicant's representative will illustrate for you in a second and it aligns the non-conforming c2 district by going to c3 pursuant to the zoning code now this case was noticed if you will twice it was to be brought forward i believe it was last month and so we sent out notice to the surrounding property owners and at that time staff received considerable notice i know myself i must have received at least 20 maybe even 25 phone calls some were just inquisitive type of calls asking what was being proposed a lot wanted to know more about the exact proposal what they were looking to build etc which i think tonight the representative can can help answer and very few were actually opposed most of the calls that seem to go in terms of an opposition direction once i explained to them the zoning and how that worked and certainly what is in place today and what is being requested for the future in terms of allowable development they begin to understand that you know what is being proposed could be a good thing for them as opposed to something that's considered nightmarish if you will but for this meeting notice was sent out to surrounding properties once again and this time around believe it or not staff did not receive any input i did not and i'm not aware of anyone else receiving any substantial input at all so it it it appears as if the applicant i know they've been in contact with some of the surrounding property owners i know residents of tavis estates kent thurston indicated to me that he had met with some of those folks and i think he allayed some of the fears that that they may have had so staff recommendation is approval based on the findings the proposal maintains approximately approximately 66 percent of the uses authorized under the existing zoning code through this request this conversion to c2 to c3 is really a staff initiative to make it a compliant zoning district within the context of this property and that the addition of c3 atop the m1 m2 allows greater development flexibility allowing potential development that's more in keeping with the surrounding neighborhood and the proposed development which again is conceptual and and we must keep in mind that we're not approving the development per se we're proving the zoning but what they will show you at least in concept stage is compatible with the residential uses in the vicinity and certainly with the suburban neighborhood place type identified in our comprehensive plan and regarding the comprehensive plan there were several goals policies and actions that supported this request certainly in line with the purpose intent of the 2001 zoning code and the criteria for decisions in our municipal code so your options here this evening mr chair commissioners vote yes and approve the request as stated vote no to deny it you'll have to provide additional information or findings not presented this evening by staff you can vote yes with conditions or vote to table and that concludes staff's presentation mr chair and i'll stand for questions all right thank you does anybody from the commission have any questions i have one question yes sir the only access to this property will be off on mcguffy there's a take two i could go back to that there it is yes there's looks like three mr chairman so yeah what they're showing here and i would assume this hasn't changed mike can certainly speak to that but what what i'm seeing here is definite direct access off of mcguffey if they are to seek access future access off of baton memorial that'll have to be vetted through the new mexico highway department i would go to the d.o.t all right all right since there are no other questions does the applicant have anything he'd like to add please come forward state your name and let me swear you in mr chairman he's got some slides to show as well so okay well first please state your name and then let me swear you in yes mike clement all right do you swear affirmative the testimony about the game is the truth and nothing but the truth on the penalty of law yes i do then go ahead thank you okay thank you is it coming you punched it already yeah okay um my name is mike clement i'm with property design from phoenix and i am part of the development team and and actually we're excited to be here we hope to be bringing you good tidings of joy um the housing development director is brought to our attention you've got a shortage of about 5600 have we not hit it yet thank you while we do that you've got a shortage about 5600 rental units not to mention single family for sale units here in in the community and we hope to be a part solution in doing so so um before i start my slides i just i want to thank mr venegas what he said was very correct in kind of posturing our project what we're what we're proposing to do and i think you'll see that it is a very exciting proposal so let me just go through that i hope not to um just click thank you tweet too much repeat too much of what he had to share but let me just kind of go through this here's the parcel again it's 28 acres in total that's involved with this case you can see how it's postured some of the key points of access are going to be of course it has all this frontage on bataan memorial west the primary access is going to be from mcguffey street given that the right-of-way is one-way directional only along the baton memorial west and of course sonoma ranch boulevard will be an important point for bringing future residents to this site as mentioned we the current zoning is an r2 a c2 and m1 m2 and i might mention there's an error on this slide where i have put c2 as commercial medium it really should be that is correct i i'm i stand corrected of what i was going to correct but that is with and what we really are doing is we're not doing anything with the r2 but we are going to fix a problem with the existing zoning was actually created many years ago a couple decades ago that that hasn't been addressed with so what we really have in place is illegal non-conforming use of sorts in that we can as was mentioned continue with the project but in the course of putting this together and you're going to show you here actually what prompted us to come forward with this crest to make it more conducive with what's in place in terms of zoning and actually more compatible with the neighborhood so as you can see you've already seen this slide there are multiple colors there's the r2 we're not doing anything with that we have the c2 zoning element and then also the m1 m2 down here along the freeway what i want to bring your attention is you'll see how the color slide points up in this direction so here's the thing as we were starting to put our our proposal together for the design elements of this community we discovered we've got a natural barrier across the property it's called el paso electric power line there's not much we can do with that and if you look closely here you're going to see there's a little bit of pink on this side of the line which is where the bulk of our the project will be and again i know we're not here to talk about the project but the project that will to be discussed at council meeting assume we get a favorable vote from you this evening we'll get into more detail and what we are telling you here tonight is this m1m2 piece that has all the frontage that is not consideration we're not doing anything with that our real focus in coming here is to get in a position that we can better present a project to fit this gap right there so that's the thing we've got this power line which is a national barrier and we wanted to address that as you can see here we have an overlay of the project right there where the zoning line is right now you can see where the power line is running it's marked in blue and then we've got this little sliver of area which was causing some problems for the project and so it was semester suggested well let's just go ahead and clean up the zoning let's go ahead and change out the c2 with the c3 which is was mentioned is the conversion zoning that that las cruces is using and therefore everything were to comply we'll put it also on this portion but again we're not doing anything with this portion of the property the m1 m2 these items were already stated this as to why this rezone is warranted i'm not sure i need to redo that again other than the fact it's fixing a problem while it's non-conforming use right now what we're proposing because we did not create the problem it was something that was never fixed but we're very happy to go ahead and and bring a current so everything aligns it really is in support of the elevate las cruces comprehensive plan as was discussed and so we are excited about that and hopefully help at some point here fix or at least help fix the shortage of housing opportunities we have in the community so let me tell you a little bit about the project again if the vote tonight is favorable we will be talking about this in some more detail when we go before council in a few weeks the portion that we're concerned with right now is about 18 acres we're looking to do about 210 and we're doing it's still in the conceptual stage so we are working with this it fluctuates a little bit but right now approximately 210 rental homes our density is going to be a very mild density i might mention that the r2 zoning that we're not touching allows up to 15 units per acre i might mention also that the zoning with the commercial that's already in place allows a density of a minimum of 10 of 10 units per acre up to 40 and so nothing really changes so our overall density is very much in compliance with the zoning categories that are currently in use and even those that are proposed after this change okay um the project so what will it look like yes you've heard a lot of buzz in the news about build for rent i mean it's kind of the thing in the country phoenix is ground zero for build for rent it started about 10 years ago i happened to be part of the project when the first one came to town i'm also a commercial real estate appraiser by trade i was involved and got to fit involved with the whole thing and the rest is history as i say they're approximately now in phoenix and this property type roughly 5600 units that have been built and they're about 6 000 more they're in the process we've roughly 11 000 units that have built of this type that we're bringing here to las cruces which is really a great thing so backing up a little bit here hit the wrong button what we're proposing to bring to you would be these detached and attached units they're basically single and twin homes mostly one stories some will be two-story but the key thing about what's happening here as opposed to an apartment community where you have people above and around and below sometimes that isn't what happens in these communities he's built for rent little communities and these homes are sometimes referred to as casitas or villas and some are bungalows still they're all about the same everybody's going to get their own little yard they're very pet friendly consequently they have doggy doors which is a big thing by the way we have been here doing some due diligence work in las cruces and believe it or not in the multi-family sector almost everybody wants a dog and every what are you going to do with the dog i mean the idea of having your little private yards is phenomenal i can tell you in phoenix these types of prop projects are so popular they're basically fully leased before you even build them and we hope the same thing happens here and who knows we may be bringing a whole lot more as time progresses so in this particular project there'll be one bedrooms two bedrooms and even some three bedrooms they'll either be one-story single or two-story twin homes it's a gated community restored resort style amenities we'll have these little paseos so when you look on this site plan right here it kind of gives it away we're creating all of these little green areas are literally going to be green with grass i know we have a community right here we've got the tavis estates well they're actually getting an extremely nice buffer of green space here we are putting a dog park there we're putting pickle bark fall courts here but it'll be very green we'll have another picnic area up in this area and other amenities along it in between them we're putting in these paseos where you see that they're green and again this is conceptual the site plan is still in modification stage but it'll in the end still look very similar list so this is a real good thing coming your way um excuse me before you leave that site just go back one screen what are all these little yellow things down on the bottom of their garages those yeah houses those are houses yes okay thank you i know it's pretty hard to tell so yeah so what we have here these are single detached homes and those little brown things you see there is where you literally get the park there now some have garages some do not these ones right here do not but we'll have detached garage units nearby that they choose to rent when they can some of the units which would be these ones here these are basically two-story twin homes they will have at least one garage or a garage and a half plus there will be parking in between them so be very convenient these ones along here literally are two-bedroom two-bath little homes and in the next slide you'll see what they're going to look like so that does that answer your question yes um thank you so um if i might also mention i had referred earlier that there will be another passage of access right now as you see here this is our primary axis the community will be gated there will be an access here it will will align with what fire is expecting now what will also happen here we have montesol as you saw earlier it kind of continues on right now there's a fence there kind of dead end sort of and there's a dirt path that kind of continues along here as proposed we're not intending to continue that on through by the way to baton memorial and actually it'll become an alt a secondary axis so those coming off of sonoma can literally come right over come in and out but it'll be gated so it'll be an in and out and help circulate in the project so there'll be multiple points of ingress and egress so this will give you some idea of elevations that are coming here you see the clubhouse and then this shows you what a little two-bedroom two-bath detached home looks like so those that little patch of those little colored ones along the long way this is what they are a lot of these little homes they literally are they and then here is a design element for the twin home as you can see they're two bedrooms and three bedrooms and then also what we have here are the one bedroom one single story and it'll be functioning as a twin home some of the elements again are listed here that we'll be bringing and we can talk more about this as we move along secured gated interests clubhouse fitness center pool of course pickleball courts walking areas ramadas the barbecues it'll be bicycle friendly and that that is important to us the dog park i cannot tell you again how important this is i mean las cruces loves its pets that's become very clear to us in terms of the homes themselves they're going to be smart homes so you're going to have the technology you'll have an app for those that choose to use it allow them to access the project through the gate they'll be able to control they'll be able to use their doorbell eye they will have control of the thermostat and other elements of the project the other thing i might mention is is amazon we'll have dropbox there and it'll be app controlled so literally you get a delivery and you'll get a prompt on your app that you can go pick up at your head to mailbox again one thing and i don't have a floor plan to show you but with the pandemic there has been a change of massive change and this is no new this is not new news to any of us where people are now traveling all over you don't necessarily for a lot of occupations have to stay locally consequently and people are choosing to work at home we're putting work-at-home elements so basically it's a little office in our homes for those that choose not to do that it'll be very accommodating if you might will to a pen room with a door you can put your pet in they can have their own bedroom if you will or an exercise area so it's really a nice little mo amenity that's coming um as far as the ceiling heights they're ten feet ground floor nine foot in our and our two story two ends will be nine so there's a lot of height and they height and they feel very spacious it is a very important element that we have found in phoenix and of course we will be charging these will be adaptable to charging units for electric cars because as we know that is the thing on the horizon so if i can show you some elevations here very quickly perspectives if you will these are just renderings i wish to say that they were already built because they would be already occupied i really believe it's going to happen that quickly but this will give you an idea this will look look when you get the clusters together this is what the access will look like to the various homes you can see some of the design elements and how the parking will be this was a view from the dog park area looking towards the homes and and such here you can see what the twin homes the two stories will have will look like and here's one of the little paseos in between them it runs the length of the project which will be a nice place for kids to play or for the pet to run or for just even a nice walk it will create a sense of openness in the project in terms of points of view i wanted to let you know that there is a great bill of separation that's going on in this particular line of sight illustration here this would be a neighboring pro a home on the neighboring project and this would be the closest wall of a unit that we will be building in this community and the location is happening right here on the site plan is where you see this so if there's a home right there if you follow my cursor and you're looking over the fence we're looking at roughly 44 feet that's so there's a great separation there we even have a larger separation um planned at this point between the tavis estates community and the nearest home they were going to be up in this area this is where the clubhouse if you will are right there and if you see looking like that this would be the tavis community over here their walkway and this would be the closest home of this one we're showing it with a two-story unit that separation is approximately 200 feet you're not going to find that in any other subdivision of a normal sense so we're being very sensitive to the neighbors and bringing them something that they can enjoy that fits it's accommodating fits into the nature of character of the community granted it with the c2 that's already there we could do so many different things but that's not the direction we're going so i believe that's it um i don't know if you have any questions but i would happy happy to answer them if so at this point is there anybody from the commission who would like to answer the question all right seeing none and is there anybody from the public who'd like to speak this just simply raise your hands don't know how many one two three excuse me one two three all right i'm sorry yeah all right so the we'll go back to the the first the lady in the bit if you were first you put your hand up yes then we won't call folk you can come forward please will you please state your name and then let me swear you in my name is carol my name is carolyn reese okay thank you uh do you swear affirm that the testimony you're about to give is the truth and nothing but the truth under penalty of law i do go ahead thank you um i don't know how appropriate this is but i have a few questions if i understood his description the light yellow is single story homes is that correct i think i think the the representative of this project should come forward and answer some of these questions so yeah the light yellow on the outskirts is single story home so these are all single stories here and then the nurse those are single stories and these right here will be the two stories the twin homes this is two stories that's two stories what is to the right of that this right here to the right of that right over here yeah okay we're going to have these these homes right here they're still single story twin one-bedroom homes and that's the same on the northern part that is correct so only these ones right here in the center corridors are two story twin homes i got it so um if you go by the zoning they can build a maximum of 660 dwellings on the rezone that they're asking for i understand that this is their proposal but this is not guaranteed but let's just go with their proposal 210 rental units that's 210 cars that's going to go through the monte sombra subdivision if the people are coming from las cruces so there's two streets monte sombra and then the one they're talking about extending and i don't know the name of it currently i live in that subdivision i've had people pass me on monte sombra on that street going home from work since they built the houses on the northeast of that subdivision we have more traffic going through on monte sombra i wonder if there could be a traffic study done maybe to determine the amount of traffic before we agree to building 222 more homes i'm sorry i'm very nervous 202 more homes with 202 more 10 more cars to go through that subdivision they talk about extra access but mcguffey is a two-way street baton is one way so the traffic will have to either come off of sonoma or go down to the montevid mesa grande exit come back up the frontage road and then go on to mcguffey if if we already have extra traffic going through because of the northeast subdivisions that have been built northeast of us we're definitely going to have people coming through off of sonoma in fact he even said that that was one of the main access points so i guess my objection really centers around access and the accret and the increased increased traffic i am under of the understanding that some of the other housing the people that live on monte sombra have asked the city for speed bumps to slow the traffic down i've seen those signs that can't that show you how fast you're going being placed there periodically so we already know traffic is an issue so i would like the counselor please consider the traffic issue associated with this plan i thank you thank you those are all very good concerns and i understand what you how you feel but those items that you as you're talking about will right now we're just going to be talking and either approve or not approve the zone change but if it is approved or not approved i will discuss that later you will have the opportunity if this project goes through to come back and discuss these items that you have talked about okay so if i understand it if you approve the zone change you're approving up to 600 right no we're not all we're doing is approving his own change the applicant will have to come back to the commission with a design as to what he's going to put in here and the commission will then have the ability to approve or not approve okay but the the allowance of the zone change is for up to 600 right no we're just changing the zone that's all they're doing they're not we're not telling you how many units we're going to put in there no but the zone allows for that possibility the zone change mr benegas behind you mr chairman commissioners uh the zoning of the c2 piece at present allows up to 40 dwelling units per acre and the r2 allows up to 15 dwelling units per acre i could do the math but okay 14 yeah so it's actually 660 that would be possible if the zone changed i'm sorry it's actual 660 that would be possible should the zone change go through so this isn't guaranteed from what i understand so the zone change would allow for the option or the possibility of that many units that's my objection mr bernanke is she correct just to answer her question yes mr chairman the uh let me just check on the acreage here let me do my math hold on see i rounded it down yeah so that's 584 dwelling units for the c2 portion at present and 15 times yes and 60 for the r2 piece yeah about that thank you does that answer your question then that confirms what you're thinking okay i just want to make sure that my understanding is that if you approve this that could happen i would say yes for catherine mr chair i would like to point out under the current zoning those numbers are identical am i looking at and vince yes you're correct so regardless if you approve the zone change or not they can still develop at that density it's not changing that is that isn't that what i just said i said yes okay yes mr chairman the c2 whether it stays c2 or c3 uh the numbers of housing units remains the same okay but we are going for a zone change that's correct zone change only and to clarify a point that you raised assuming that they are not going to be requesting any variants or anything that would otherwise require any special consideration and they would go right to permit if they receive zone change approval at the council level all right thank you is there someone else in the back who wish to speak would you come forward please will you please state your name and let me swear you in my name is anne tomczak i'm a resident of tavis estates all right do you swear for him at the testimony about to give us the truth and nothing but the truth under the penalty of law i do all right go ahead thank you um i actually had a question for the gentleman uh when you showed the uh screen there you're gonna have to speak it to the microphone because she's taking this to the record the site uh two for tavis estates help tell me one stop sorry i'm back you showed the houses you want me to show the house oh the side of you the site number two yes this one right there yes um i i purchased i really need you to speak into the microphone sorry thank you i apologize um i purchased a lot there about four years ago and i'm in love with the oregon mountains i come from the east coast and it's a beautiful city i love it here what i'd like to know is because i bought a premium lot will my view be obstructed will there be an obstruction from me seeing the lovely oregon mountains he was you will still excuse me yes you will still be able to see you lovely oregon mountains now you may see other improvements as you're looking at your lovely mountains but no you will still be able to see them these are two-story that they're not three they could be massive but they're not and one last question i was hoping to find out what the timeline if i'm jumping ahead i apologize from the time that the company gets the approval to start building what is how long of a timeline uh between with all the phases phase one two and three that's an excellent question it will take us approximately six to nine months to do site work and then a proc can't shout out how long do you think it's going to take to build these 210 units and then i'll repeat your answer it depends that's a good answer let me tell you what happens in phoenix if we were doing this in phoenix you would be looking looking from start to finish about three years so in reality if he's really as good as he keeps telling he isn't building it maybe a little faster but we'll just give him the benefit in case so much okay was there a gentleman in the back who wish to speak all right would you please come forward and will you please state your name and let me swear you in kevin connor do you swear from that the testimony you're about to give us the truth and nothing but the truth under the penalty of law i do go ahead thank you i guess this might not be the right time um because uh again it's this is just a zoning change but when you get into the approving the design and the and the layout of this is there gonna be another meeting or how does this work yes tonight we're just gonna either approve or not approve the zone change okay we'll then have to go to city council okay if depending on how the vote goes here and there okay if it is eventually approved then they'll have to come back with all this other information that you prefer okay about the site plan all right vince i'm sorry sure go ahead mr chair commissioners uh tonight's approval is recommending approval of the zone change to city council assuming city council approves it the applicant would go straight to permitting so they wouldn't have to come back to this commission for any site approvals unless there are some variances or things of that nature that need to be considered they're not subdividing the land they're basically developing in phases on the track that that was presented but if they do come back with anything they may have to come back to planning and zoning yeah if there's uh variances to be considered or maybe they you know if they want to pursue some type of planned unit development site plan or something like that but the word that i got is is the next step would be permit but what they're showing us is just conceptual that's correct all right is there anyone else i'm not finished um okay i'm sorry yeah i mean if it's conceptual then we don't really know what's going to end up and you're we're going to prove something that we don't really know what we're not here tonight to prove anything of that nature we're just here to approve or not approve the zoning change okay yes sir yeah i was just discussing the matter with this this line of sight with my team members and they wanted me to clarify let me show you here write this that this perspective while correct may not necessarily be this point of view right here so because it's going to vary so let me restate that it could be up to 200 feet rather than as an absolute and the comment was or the question was made will i be able to see my mountains and i just want to reiterate you will but it doesn't matter what we put there you're going to also see in your anyone would see other things besides the mountains in that in that view the whole goal here on our part as you can see is to make it green as lush as possible and a great amenity for all residents in the area so thank you is there anyone else yes sir come forward please [Music] again please state your name and let me swear you in my name is jack zealy do you swear affirmative testimony about to give is the truth and nothing but the truth under the penalty of law i do thank you go ahead i'm a resident davis estates and i think this proposal sounds beautiful and just wonderful but just to me common sense it seems like you're putting the cart before the horse why would you prove a zoning change based on the possibility they might once they get the zoning change and they can propose something totally different or if something's c3 there's a from what i understand there's a number of things that can go on a c3 approval so it seems like the card is being put before the horse you're basically approving the their plan or you're proving a zoning change based on what they might do seems like you would wait till they want until they propose the development then do the zoning change there's a ton of things you can put on this lady that was talking about the traffic it's going to be unbelievable a traffic that goes through their neighborhood there especially for that one street that it's not mcguffy but the other street i mean to funnel those cars through their assist and i mean unbelievable really so i just want to make a comment just think that this is way ahead of it that should wait till this proposal for the development before you approve a zoning change thank you all right thank you was there someone else who raised their hand yes sir again please you state your name and let me swear you in george mamaro do you swear affirmative testimony you're about to give us the truth and nothing but the truth on the penalty of law yes i do go ahead thank you uh and my questions are going to be premature because i know that this uh development is not necessarily what's going to be concluded after final approvals and permits are done but i also had a real concern about the access i know there's an access ingress and egress on mcguffey but the other one i was not clear of in the previous presentation on how that was going to be opened up or how it was going to run i know it was going to connect to sonoma ranch in some way but i was also wondering and looking at the pictures of the dwellings the yellow buildings well that one isn't up there now but the small yellow buildings that run probably uh 90 of the total length of the property line there i don't see in in looking at the pictures of the dwellings and their lovely dwellings but i don't see any garages on any of those and i don't see any uh ability to accommodate cars being parked on the outside now maybe i'm misinterpreting how this is laid out but um i'm concerned that there's going to be adequate parking for all of these homes that are in here and i don't see where it's provided for now i know it's not the mr thurston's responsibility to have a final plan here but i was just i just wanted to mention that and i had one other concern and i'm afraid as this brain gets old and solidified it doesn't function well and i can't remember what it was so that's it all right thank you because you have to know this you'd like to add something to that no i was just going to respond to a question and by the way that was a good concern where are they going to park and i don't see any garages that is a characteristic of this concept if you will go back and if i may use phoenix since that's where that is the heart of all of this in many and say most of these projects none of the units have garages it's all covered or they'll have detached so it's optional we're actually far exceeding that in the fact that all of these two stories will each have a garage and a garage and a half actually plus we're bringing in detached garages to share amongst those who don't want them if you look at the communities here that are say multi-family oriented they have garages not everyone gets a garage but i'm going to tell you not everybody wants a garage this is a market rate project you know and it would come with as additional fee for that use our allowance for total garages far exceeds anything that is being offered in metro phoenix for the same product type all right thank you has anyone on a commission have any questions or any comments commission guerrero yeah um thank you so much for for bringing this forth um you know as discussed there is definitely a crisis as far as rental and just housing in general um i actually live really close to this area i live on the other side of the montre not monte sombra but across there's a neighborhood across uh called uh gosh what is my neighborhood called sierra norte so so i know the area really really well um because i drive there on the occasion um the street montesola i mean i i i get it it's it's a small street um i i just my only concern and i don't really think it's a concern and it's probably not something we need to bring up right now because we're just doing resulting but uh where the access point is in mcguffey is fairly close to where bataan memorial sits so i don't know if that's necessarily the best point of access it might create some bottlenecking for sure i mean that whole area because there's so much development being built i mean you have metro verde and you have like metro park and metro blah blah blah whatever whatever they're calling them these days uh there is a really really high amount of traffic especially in the mornings especially you know 5 30 6 o'clock so again i know we're not voting on this tonight it's just something to consider for whenever you guys do you put your plans together that's that's all i had anyone else commissioner for age kaiser yeah some similar i guess comments um after uh staff um confirmed that this is the sort of the well aside from city council this is the last stop before they moved to the the building permit phase so i guess my question is we've got um you know some current some concerns about traffic though regardless of whether or not this reason goes through they have the ability to build out most of these units right now so but that doesn't mitigate the impact that would occur so i guess for staff i mean what what do we have i know we just passed the complete streets ordinance what sorts of improvements would this development trigger moving forward to address some of these traffic concerns particularly on mcguffey road though i do just want to say i appreciate the traffic circle inside the development mr chairman commissioner kaiser i was going to bring this up because it's it's come up regarding traffic but one of the review reviewing staff from transportation approved the zone change submittal upon review with the following contingencies number one was the tia would be required prior to development and i think that would take into consideration uh whatever was submitted for development you know they would take a look at anticipated traffic and require the developer to submit a tia to address impacts accordingly they've also submitted some information in that traffic circle one of the main entrances to to the development that they're proposing i know it's conceptual but they welcomed the um allowance of city transit to you know have a route that actually went into the development and so much so that they asked that 35-foot bus that to make sure that that radius was adequate enough to to accommodate that so they're at least from the perspective of potential transportation related issues and improvements they're looking at you know transit as a means to facilitate access to the property and transportation measures to the property but but staff's also recognizing that there could be impacts and and they need that study in order to determine how best to address those concerns uh staff has not seen any this is more than um than i recall seeing i think we got a cursory very cursory review of the concept so until we see something more substantial we wouldn't be able to go any further in terms of comment on that i understand thank you for that um explanation on the that transit idea i mean i think it's great is this currently on a transit line does there's a bus currently run by this i believe uh mr chairman commissioner kaiser i believe so uh transit actually did comment and provide input they'd like to see a bus pull out on alongside that main access road where the circle is and so they're already considering that so i would have to assume yes that's really great to hear um i guess my last comment would just be encouraging the applicant to [Music] find and leave room for other connectivity uh to that commercial the remaining commercial site the m1 m2 c3 if this does get approved i think that would also address some of the traffic concerns here i mean gated communities are by definition exclusionary so you know if you don't include additional access specifically pedestrian access for future development there you're no matter what you do if it's a shopping center or anything like that you're going to be requiring all these people that live in this development to essentially get in their cars generate additional traffic literally to go back around their house so i just consider the or encourage the applicant to look at opportunities to do that within this concept of a gated community but i'm encouraged to hear about um the conversations ongoing about transit any further comments uh yes it's just commission smith um i do have one comment slash question um i know traffic seems to be a point of uh issue with with the residents of tavis states and i'm just looking at the possibility of on monte montesol street i know it terminates along that northwestern boundary has the developer look very closely at that possibility of extending through that through that the roadway through that property to alleviate some of the traffic concerns um i know it just in reading this that you know right now it's not anticipated but it appears that that may be something that may have to be seriously considered if this project is going to not have a really big impact on on traffic in and around this development is there's a gentleman here who wants to speak sir i didn't see your hand before but you're welcome to come up he will please state your name and let me swear you in my name is uh chaplain scott o'neill i'm a public safety chaplain and it's just a passing comment it's not an objection but it's a concern that mcguffy's a pretty dangerous street where i see people that are speeding and it's a real safety concern of mine because i do a lot of call outs that aren't pleasant and i'm just concerned about the traffic from a public safety concern because even myself and my wife we walk along mcguffy all the time and there's a lot of foot traffic there i don't know how that's going to be impacted and that's just a it's just a question and a concern thank you all right thank you is there anyone else any further comments from the commission i'm sorry please you have to state your name and i have to let i have to swear you in also ken thurston all right do you swear affirmative testimony you're about to give us that truth to nothing but the truth on the penalty of law yes um i just wanted to clarify a couple little things um so today we're just asking for the zone change from the c2 to c3 and then also the pancake zone on the front to add the additional c3 a lot of the discussion right now was having to do with a lot of tia what what are we doing with some of the the buildings what's the future development of it i know some of the concerns were this was just a conceptual drawing uh right now and what can you do in the future what if we don't approve it what if we do approve it what happens and so say worst case scenario you know we don't get approved and that's that's okay i just wanted to uh i would hope we'd get approved but a couple of things on c2 that you currently can do on here let me see if i can find it says a hospital so any hospital that i've seen lately is is fairly tall and brings a lot of traffic and so going from c2 to c3 you're still being able to put a hospital in c3 you're still put able to put a hospital in c2 so the discussion going back and forth of how is it going to impact us right how is it going to impact the city going from a c2 to c3 the zoning difference really isn't in my in my views it's not that big of a change from c2 to c3 other than the ability to instead of carve it up into one acre pieces and still accomplish the same thing it's really to be able to leave it as one block which is easier for the city to maintain it's easier for us to put you know one parcel in there together so that's kind of one of the bigger reasons of going from c2 to c3 the ability to put high density in there is is existing right so so if we wanted to go in today and put very high high density housing other things like that it's permissible in the way that we would do it now going through the process we've gone through the processes of building things you do have staff that'll grill us to death okay so we do have to provide tias all of the questions that you have asked your staff does ask all of those and in greater detail so we do go through all of that what are you going to do with the sidewalks what are you going to do with the traffic what are you doing sewer what are you doing with drainage what are you doing with you know how how are we going to help the the new transit going to come in how are so all of those discussions do happen at the next step so if it gets passed today from a c2 to c3 still know that that it's not just like hey the developer can now go do willy-nilly whatever he wants we still get grilled left and right right we still go through the big process of having to get all of the things approved through staff so it still happens we still follow all the code other things like that that have to happen so going from c2 to c3 really on the front portion helps it out uh in my opinion on the city i know the m1 m2 you could end up putting you know car like auto body shops other things like that the open yards the there's you can really do industrial complexes out there that's permissible by code so you could throw the chain link fences and other things like that and just have it basically a junkyard out there on on the beginning of it so but now you don't have that much opportunity to do commercial on the front end of that so by zoning m1 m2 and adding that conditional c3 to it it really does allow the flexibility of being able to have the possibility maybe some restaurants maybe some other things like that in that area that that aren't so eyesores to the area our our intent is to come in here so we we try to show a little bit of our our uh intent of what we will do with it um and so with a neighborhood right behind us and then being the owner of it uh we would also try to beautify the front end of of batan memorial so we wouldn't want something really ugly right there beside us anyways as well so that's kind of one of the clarifications just wanted to show that c3 is really adding the flexibility adding the ability to to make it a prettier landscape prettier buildings and things like that instead of the the m1 m2 that that is currently zoned that way and then once again just to reiterate the c2 to c3 the abilities in c2 c3 are fairly pretty pretty close if i think staff can agree to that being the abilities of c2 to c3 is is pretty much the same other than weren't able to do a bigger chunk of it instead of having to break it down into one acre that's it okay thank you now is there anyone else sir you'd like to come back i'll let you speak again but i think this should be it and the question that i forgot to ask uh please please please just repeat your name first oh george mamaro you've already been sworn in go ahead yes um are the billboard billboards that are there coming down i i was just okay because we were hopeful i would much rather look at mr thurston's property development than those billboards okay ma'am do you have anything in addition are you just going to repeat okay come again but this just a couple just a minute and that's it just repeat your name for the record and you've already been sworn in my name is carolyn reese and if i understand it correctly going from c2 to c3 means that he doesn't have to use one acre plots he can use it as all one big chunk of property and if you use it as one acre plots that decreases the number of houses traffic and everything that's there that's the reason for going from c2 to c3 is so you can get more density and if i'm wrong i would like to know mr chairman members of commission if you carve out c2 property into one acre lots you potentially have less density i i think the density that was shown here is already much less than what could be not that we're approving that but but nonetheless you do have setbacks to contend with on each one acre lot how much that impacts overall density until we laid it out and calculated it out we really wouldn't know versus an entire tract of c3 you know you have the outermost edges to contend with in terms of setbacks not every one acre segment thereof so mr chair if i could point out i'm just going to add to some of what mr banegas stated some of the things to note is c2 properties can have zero setbacks on the sides and can also share facilities such as access parking landscaping if it works as a cohesive unit so i did want to point that out so vince is right we have no idea if there would really be a significant decrease in the ability to develop it at this density all right thank you catherine all right before we vote on this though i would like to let everyone know that this will have to go to city council at their next meeting i believe or whenever they do take up this item if we approve this tonight the public or the residents who have here this evening will have the right to appeal that decision to city council you'll have the right to go there so i would suggest that if you if we do approve this that you speak to mr benegas or to to find out what is the procedure for doing that and you can take it from there and the converse as well also works if we do not approve it you have the right the developer to go to city council so with that i think that we might be ready for a vote i know i want to make sure nobody else has anything to say but i need a motion please i will motion to approve this application for a zone change per staff's recommendation hi a second board member smith yes uh it meets uh staff recommendation and also uh it's in harmony with neighborhood compatibility and also um and and the character of the neighborhood board member kaiser yes based on staff recommendation and consistency with elevate las cruces board member bennett yes based on staff recommendation this means elevate las cruces and the purpose intent uh purpose and intent of the code board guerrero uh yes uh again based on staff recommendations as well as elevate las cruces and also just the need for additional housing chair gordon i vote yes based on staff recommendations it complies with elevate las cruces our discussion this evening and my my site visit all right with that we can go to the last item on the agenda which is new business uh let's see mr chair members of commission catherine harrison rogers with staff as i had mentioned earlier that we would be returning to south telstra and the properties that were interested in having sign variances address in particular is 550 south telstra and the request for this is different than what was requested on the adjacent property to the east currently this this property is vacant this one does not have a building currently under construction but the site is being developed it's a little over one acre it too has frontage along east lowman and mall drive again is also accessed from mall drive via south tillshore boulevard and is zoned c3 commercial high intensity again these are the properties in question this one in particular is 550 you can see that it is what we call a flag lot whereby the frontage a long mall drive is actually just this itty-bitty little 20-foot um uh what we'd call the flagpole right here these two properties do share an access easement between the lot lines there is also a shared driveway that is planned to be placed again between these two properties you can see in a little bit more detail generally how this looks i'm sorry that these lot lines are in black so that they are hard to see but you can see that flagpole generally where i am circling my cursor should be noted that maldrive of course runs adjacent right here and there is a drainage structure essentially to the southwest that serves the mall property as currently sits one freestanding sign is allowed along the primary access which is mall drive which is again that private local road maximum height of 30 feet maximum size of 100 square feet with minimum setbacks of 10 in the front and 5 on the sides i would like to point out that the staff report did have a typo that indicated that the size would be limited to 150 square feet per coat it's actually a hundred square feet and my apologize for the my apologies for that typo but i did want to point that out um what is being requested specifically this evening is actually to deviate simply from the side setback and that would be a deviation of three feet ten inches for a side setback of one foot two inches and ultimately that's to allow the sign at the location it would normally be allowed in with just that slight deviation to the setback simply because they can't place it inside of the access easement nor would there be room for a driveway at that location here are some general site plans you can see this is the location that we're speaking of this is the property in question this funny wedge shaped piece again is the adjacent drainage for the mall here's a close-up of where you can see it's 10 feet away from the property line but again the sign would be placed close to the edge of the property near that drainage area and really wouldn't impact anything but that drainage area in terms of visuals nothing will ever be at least the way this is constructed with drainage there won't be any any plans for any sort of commercial building at that location here is just a picture of the sign itself very compatible with the sign that we saw earlier they are proposing a smaller sign face than what is allowed by code only 57 feet by this particular site plan again staff did send reviews to all applicable departments to look at this sign variance notice was also sent to surrounding properties prior to this meeting we received no input from the public on this and um all the departments did review this and didn't indicate that there were any issues associated with the placement of the sign at that location again um in addition to the normal criteria that the board reviews for decisions there are also criteria specific to variances again a physical hardship the potential for spurring economic development and then monetary considerations as with the first one because of the unique site features associated with these staff is recommending approval based on these particular criteria we do feel as though it does meet the physical hardship based on the very narrow frontage the fact that it's encumbered by that access easement and the shared driveway that really do limit the location of that sign along that frontage also we feel as though the ability to essentially develop this long vacant property and advertise it and direct traffic that are internal internal on that mall drive to businesses within would essentially help for economic development at least at that neighborhood level staff is recommending approval with the findings that were outlined in the staff report and of course your options this evening are to vote yes to vote no yes with conditions or to table and we do have the applicant's representative here if there are any questions of the applicant on this and so with that i'd be happy to answer any questions thank you are there any questions from the commission is there anyone from the public how about from the applicant does he wish to speak he or she if not as anybody from the public okay in that case we guess we could i need a motion then i mean i'll make sorry i'll make a motion to approve uh this item with wait hold on can we are we doing i'm just really confused about this one yes sorry this new business uh case number one uh i second board member smith yes based on staff recommendation board member kaiser yes based on staff recommendation board member bennett yes based on staff recommendation cuomo guerrero yes based on staff recommendations as well chair gordon yes based on staff recommendations all right thank you for going over the item is there any comments from the commission this evening on anything other than what we've been discussing are there any staff announcements mr chairman david weir with the community development department i just wanted to make the commission aware um staff has been requested to provide a technical advisory committee to the realized las cruces if you recall that's the update to all of our development codes it's been a request of certain interested parties and advocacy advocacy groups i just wanted to make the commission aware of that staff has drafted a technical advisory committee for the council to consider appointing the way it's structured right now is it would be a 15-member committee it would be individuals that are involved with development the financing title neighborhood representatives etc they would be recommendations of appointments from the six city councilors they would it's been drafted they would appoint two then the mayor would appoint three to make that and the mayor would endorse all the recommendations basically it's an additional public engagement and oversight into that process just wanted to make that the commission aware of that and if you felt um that that would be a good thing your endorsement would be appreciated but it's not an official action or anything staff is going to go forward with that but we did also want to make you aware of that and get any input that you may have well i certainly will endorse it i think that we need somebody to get this this done it's been a long time in process and as far as i'm concerned it's fine with me commissioner kaiser is there any i guess structured breakdown in who the representatives are on that committee mr chairman and commissioner kaiser there is a general oversight of who would who to draw from but then it would be up to the recommendation of the city councillors themselves i would think one strategy they could take would to have somebody from the development community and someone as a neighborhood rep or a business representative to be their other ones to balance the perspective on that and then as i said the mayor would have to endorse all of those going forward yeah i guess that would be my recommendation to ensure that there's some sort of equal representation of of all as many voices as you can get with 15 people mr chairman and commissioner kaiser we drafted it so there could be the widest spectrum as possible from view points and perspectives as i said we've also it's been drafted as a technical advisory committee so it's not advocating it's just their professional or representative experience that they would bring to the process yeah i just i don't want to see it overwhelmingly filled by the development community i think there need to be different voices different perspectives people with different backgrounds so that's that's just my recommendation anyone else if that's the case i will entertain a motion to adjourn i emotionally adjourn a second all in favor all in favor aye aye aye aye aye it's 8 15 and we are adjourned you