Planning & Zoning - Regular Meeting

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Good evening. I will now call to order the June 23rd 2026 Planning and Zoning Commission at 6 p.m I am chair crystal McCaslin first on our agenda is the conflict of interest as any member of the Commission or any member of staff Have any known conflict with any item on the agenda today? Great Seeing none. We're gonna move on to public participation Next public participation at this time, I would like to invite anyone from the public to come up and speak on anything that is not on the agenda under new business, or if you want to speak on any item under the consent agenda, please do so now. Seeing none, I will end the public participation and we have the acceptance of the agenda. By voting to approve the acceptance of the agenda as presented, we will be approving the P and Z minutes from our last meeting and the items on the consent agenda unless a commissioner wishes to remove a case from the consent agenda and we can vote on the amended agenda.

Madam Chair.

Commissioner Acosta?

I move to accept all documents as presented.

Thank you.

I second.

Thank you. All those in favor?

I'll go into a roll call if you like.

Yes, please do.

Thank you, Chair. Commissioner Smith? Yes. Commissioner Thurston? Yes. Commissioner Kaiser? Yes. Commissioner Acosta?

Yes.

And Chair?

Yes. All right, thanks so much. So moving on to new business, we have item 7.1. Can I have a motion to approve item 7.1? Madam Chair, so moved. Thank you.

Second.

Thank you. Do you want to call the vote?

I'll do presentation, then open for public participation, then we'll do the vote afterwards.

Yeah, yeah. I'm ready. I'm ready. I'm so ready tonight.

Ready to get this one done. Yes, ma'am. at a matured community development for the record. So our one case we have before you tonight is the zoning map amendment, we used to call these zone changes, for the property located at 1240 South Valley Drive. The scope of discussion we'll have today for this proposed zoning amendment would be limited to the actual zoning map amendment. P&Z's role essentially for this is you're recommending body to the city council, so whatever recommendation you have, That's what recommendation will move forward to city council for their final consideration and adoption of this as an ordinance or law basically. Discussion needs to focus basically on land use, zoning compatibility, density transitions, connectivity, consistency and just overall fitting in with the area where the proposed zoning map amendment is being proposed in that area. So the subject property is located in the southwest corner of Valley Drive and Aspen Avenue and encompasses just under an acre, about .987 acres in size. It is currently zoned NH1S, neighborhood one suburban. There is an existing shopping slash business center on the property. That shopping business center was developed, I believe, in 2011. So it was developed under our previous zoning code, the 2001 zoning code, and was previously zoned C2 commercial medium intensity, which is our middle of the ring type of intensity commercial zoning back then. As you can see here, there is the subject property highlighted in pink. As you can see, it's nothing, no other type of rural zoning exists in the area, minus NH1S, which is the residential area to the north, and those two big commercial corridors along Valley Drive, and of any limits here, that everything's zoned CRS, which is commercial retail. So that is the proposal for this property is a zoning map amendment to CRS, which is a commercial retail suburban, which would match the existing zonings found around the area. The CRS zoning designation is more consistent with the previously existing C2 zoning designation for previous zoning code, and actually the existing NH1S zoning designation actually does not permit a shopping slash business center on the property. So essentially, with the adoption or a new development code, we made the property a nonconforming property. So this zone change would eliminate that nonconformity from the property. There is that area again, showing the shopping center here. There is also a wireless communication structure, which is also not permitted on site, so that would take care of that issue as well. And again, just calling out the residential area with multi-family, single-family to the north, and just nothing but commercial surrounding Long Avenue, Mesilla, and Valley. Once that did their analysis, we did not identify any real health, life, or safety issues with the proposed zoning map amendment. It is consistent with the zoning, as you saw that sea of red along Avenue Messiaen Valley. So it's definitely not in our context. Additionally, on top of that, per case law, it has been voted on in the courts that if an error was identified on the current zoning map by staff, then a zoning map amendment can occur, and the proposed amendment will correct that error. The amendment to CRS will better align the subject property with the, it is located in what we call the regional commercial place type, as called by L.A.V. Las Cruces comprehensive plan, so the proposed zoning aligns with that a lot better than the existing NH-1 as the zoning designation. So with that, the staff does recommend approval for the proposed zoning map amendment based on the findings that an error did occur for the existing zoning map. It's located in a regional commercial place type where CRS is encouraged. There's numerous relevant goals, policies, and actions found within our comprehensive plan that support the zoning map amendment, and it is consistent with the zoning found in the surrounding area. Notice was sent out to, well, reviews, first of all, were sent out to all relevant agencies, departments, all supporting the proposed Onumap Amendment. Notice was also sent to all properties per code, 500 feet away from the property, making them aware of the proposed Onumap Amendment. Staff just received one phone call seeking just additional information of what was happening on the property. So your options are one, to vote yes and approve, recommend approval to the city council for the proposed zoning amendment, two, vote to deny, three, vote to amend and provide conditions deemed appropriate by the commission, or four, to postpone and direct staff accordingly. That is the conclusion of my presentation. I have time for questions.

Thank you, Adam. Commissioner Kaiser.

Just a clarifying question, because I think we had at least one of these come before us recently, but because it's an error, was the applicant required to pay the processing fee for this zone change, or did the city waive the fees?

Commissioner Kaiser, Chair, no, they were not required. Staff did see the error because of the error that occurred. We are doing this basically, it's a city-initiated zoning map amendment, sir.

Great, thank you.

Okay, thank you so much, then I'm ready to call the vote.

See nobody from the public, yes ma'am.

There's no public.

Okay, let's see here. So this is on the motion to approve, recommend approval, pardon me, to the zoning map amendment for the property located at 1240 South Valley Drive, case number 260-050037. Commissioner Smith.

Yes.

Commissioner Thurston. Yes. Commissioner Kaiser.

Yes.

Commissioner Acosta.

Yes.

And Chair.

Yes. Thank you so much, everyone. That is it for tonight. I will, oh, what? Yes, sir. Oh, staff, yes.

I just got one question for staff. Yeah, we already had a discussion, so yeah, go right ahead, Commissioner. Yes.

In the Realize Las Cruces, the PIF funds and the fee in lieu. I still haven't gotten an answer back on the fee in lieu as to how that actually works, where the money is going when a developer actually uses the fee in lieu.

And this is in reference to Parks and Rec, correct? Yes. Okay.

Because we know where park impact fees are going to, but the fee in lieu, like, that was one of our questions when we had passed the Realize Las Cruces, and I just still haven't gotten an answer on understanding where that money goes and what it can be used for. That's all.

Mr. Staff will reach out to the director and see if we can get the clarification for you, sir. Thanks.

All right, are there any staff announcements? Sorry, Commissioner Kizer, did you have a question? No?

I was gonna make a motion.

Thank you. Just a quick announcement. Summer's heating up. This is when we see a lot of subdivisions come in, so we are gonna have a lot of mylar signatures, unfortunately, so we thank you all for responding to emails. We try to get whoever we can as quickly as possible to get these signed and on their way. Just this past week, we had about... about a dozen subdivisions submitted to us, so we're moving pretty hot and heavy when it comes to these smaller, minor subdivisions. Some big ones coming down the pipe as well, so just make plans accordingly because more than likely we'll be here the next few months with cases coming before you, including next month. I got one last item.

Commissioner Thurston.

On your plants should do should we remove it being if you're allowing anybody of the commissioners to do it should we should you change it to be like commissioner instead of chair and secretary.

Commissioner Thurston chair actually that's a requirement per state statute they don't mind who signs it but it does have to say the chair and vice chair. But it doesn't matter who signs. The county's been accepting that as is. Okay.

Motion to adjourn.

Second. Thank you. All those in favor? Aye.

Aye.

Aye. Adjourned at 6-11.

Thank you so much. Adjourned at 6-11.