Village of Los Lunas Planning & Zoning Agendas

MINUTES PLANNING & ZONING MEETING March 7, 2012 The Village of Los Lunas Planning & Zoning Commission met in their regular session on Wednesday, March 7, 2012 at 6:00 pm in the Village Council Chambers. Members present were as follows: Commissioners, Phillip Jaramillo, Stephanie Williams & Walter Baca & (1) Vacant Seat. Absent was Commissioner T. Ulibarri. Village staff present were as follows: Christina Ainsworth, Community Development Director, Diana Crowson, Planning Technician & Marie Marquez, Recording Secretary. Members of the public present were as follows: Lee Roy & Theresa Lucero, Arthur & Toni Castillo, Evelyn Carabajal, Matthew Demers, Debbie Montoya, Norman Lincoln, Stacy Lincoln, Henry Jaramillo, Carlos Castillo, Eileen Chavez, Scott Liesener & Tim Romero. The Meeting was called to order by: Chairman Stephanie Williams APPROVAL OF AGENDA Chairman S. Williams called for any additions or deletions to the agenda. Commissioner P. Jaramillo made a motion to approve the agenda as presented. Commissioner W. Baca seconded it. Everyone voted in favor. Motion carried. SWEARING IN OF PARTICIPANTS AGENDA ITEMS: ZONE CHANGE Integrity Motors — ZONE CHANGE Trujillo - ITEM I — ZONE CHANGE — Integrity Motors Chairman S. Williams introduced Item 1, which was a request for a zone change for Integrity Motors. The action requested of this Commission is to send a recommendation to Council. Diana Crowson presented the request submitted by Integrity Motors for a Zone Atlas Amendment for Lots 3, 4 & 5 of Appaloosa Drive in Valencia Gardens, Map 72 of MRGCD. They are requesting a zone change from C-l to SU for the purpose of truck parking. The property owner is Art Peter and the representative is Tim Romero & Scott Leisener. Notice of public hearing was mailed to all property owners within 100 ft. of this proposed rezoning on February 21, 2012. Community Development Department has received two phone calls requesting denial, but no written communications have been received. This area is commercial & residential and since truck parking is desperately needed in the Village, the applicant’s plan is to allow a few trucks to park in the lot and will not be a permanent solution. All applications for rezoning must be in compliance with all criteria & requirements for type of zoning being requested.. This application is in conformance with the review criteria of the Village of Los Lunas Comprehensive Plan. Commissioner W. Baca had a question as to how many trucks would be parked at the location. Diana said, she was not sure, but the applicant could answer any questions. Chairman S. Williams called on the representative Tim Romero, agent for Integrity Motors to come up and present their plan. Mr. Tim Romero said, there is probably room for about 10 trucks or more to maneuver in there. The lot is 228 ft. at the rear and about the same in the front. There is one entrance through Appaloosa Dr. The lot is 1.6 acres which includes all 3 lots, and the entire lot is fenced. The front lot will be utilized by Integrity Motors and the back will be used for truck parking. Chairman S. Williams asked Mr. Romero, the length of time these trucks would be there. He said, it would just be parking while drivers are home. He said, they would be moving and it would not be long-term. Commissioner W. Baca said, on the map it shows 2 lots. Mr. Romero said, it is zoned for a total of 3 lots and is not separated. He said, the front lot was about 1/3 of the property and balance is behind. Chairman S. Williams called for anyone wishing to speak in favor/or against this request. Mr. Henry Jaramillo owner of the strip center approached the podium and spoke against this zone change. He said, it would be difficult to speak against them. He stated that Appaloosa is a very narrow road and currently in pretty bad shape. He said, the traffic is very congested as it is on Hwy 47, and the other concern he had is that 18-wheelers are pretty big and going out into 47 with a one-way outlet going north would be very dangerous. He said, if a a truck is parked waiting to go on to 47, one of those big trucks could block the roadway severely. The biggest concern he had is that it is very dangerous because there is a Motor Bank located on the eastside and they are very busy all the time. He said, we have already seen two accidents there. The area there is not prepared for big trucks. Yesterday an 18- wheeler hit a power line, emergency crew had to be out there. He said, today there was a big tanker parked on the southside of the bank and was there for approximately 45 minutes and there was no way that even the employees working at the bank could go in and out. The road is very narrow, he said, certainly there is other places big enough where these trucks could park, outside residential areas. He said, if approved you are going to have very serious problems. Chairman S. Williams called for anyone else wishing to come. Mr. Matthew Demers came up he said, he lives on , lot 6 directly east of Integrity Motors. He said, he didn’t want to speak against per say or in favor, but he did state that he had been talking to Mr. Rornero & Mr. Liesner about resolving some issues that he and his wife had, none of them being a truck parking issue. He doesn’t want to go against them parking trucks there, but the road is pretty horrible with only one ingress to go in or out. He said, he always has to go through the back side of the shopping center to get to his home. They are good neighbors and try to keep their area clean and they have responded to the concerns they had and have tried to resolve them. Chairman S. Williams asked if there was anyone else wishing to speak for or against. Commissioner W. Baca asked for the dimensions of this lot. He said, I realize we are in dire need for parking areas but to the south, the Village of LL has the fields where kids partake in several sports, the traffic is tremendous as it is so, I can’t imagine these big trucks parking there and also waking residents up early in morning. I think there is other locations that we will have to look at. Commissioner W. Baca then made a motion to recommend to Council denial of this application and findings that the use for this zoning does not or should not fit our comprehensive area. They have a ton of trucks at the Smith’s as it is parking there. Commissioner P. Jaramillo seconded the motion. Everyone voted yes for denial, motion carried. ITEM Il—ZONE CHANGE — Trujillo Chairman S. Williams introduced the Zone Change application submitted by Mr. John Trujillo. She said, we have been advised by staff that the applicant did not complete the application and so we are dismissing this item from the agenda, so there is no action that can be taken this evening. Christina Ainsworth, Community Development Director intervened by requesting to make a few comments. She apologized to the public for coming out, but she stated this item should not have been advertised and placed on the agenda since it was incomplete. There is a detailed site plan drawn by a professional architect required_and because he is requesting to rezone to MU which is our new mixed use district, he is required to comply with the design guidelines that outlines the plan. He needs to bring us evidence, that his proposed project can comply with those guidelines and they have not been submitted. She said, this application should have never been advertised and placed on the agenda without that crucial information that would allow staff to make that recommendation. It has also been placed on the Council agenda, so we will also have to ask that it be removed from the agenda. Council cannot act on a zoning application without a recommendation from Planning & Zoning Commission. When Mr. Trujillo brings in a complete application we will re-advertise and you will again be notified of the hearing. Commissioner P. Jaramillo intervened by stating that there was a problem because it is on their agenda, whether the application has been completed or not. How can it be removed? The agenda has already been approved. Christina said, the proper procedure would be to delete the item from the agenda. Commissioner P. Jaramillo suggested that it be denied, because then it would give the commission an opportunity to move it to the council then, the council can take action. Mr. Art Castillo came up and spoke, he said, he has worked in several local government areas and he agreed with Mr. Jaramillo that it is already part of a public agenda and you as commissioners need to act on it. Legally it could be deleted from a public agenda. At this point you would be making a recommendation to the City Council. He said, the response is that this Commission needs either recommend approval, or denial of this application. Commissioner P. Jaramillo said or, it could be tabled as well. Mr. Castillo said, our whole neighborhood is here to speak in terms of this application and I think tabling it would not serve us as a community. Commissioner P. Jaramillo said, we could table it after we hear you, which would not move it to the council. Mr. Castillo asked, if you table it, will it stay tabled forever? Christina said, it would have to be tabled until which time we have a complete application, then it would be brought back. Mr. Castillo said, but then if it is untabled are you going to go through the process of letters and the whole works? Christina said yes, we would go through the whole modification process as a courtesy to the neighborhood. She said, when you table something that long it’s only common sense to re-notify. Mr. Castillo said, I doubt it very much, we have been dealing with him for 4 years. Chairman S. Williams asked the commissioners well do we want to hear it or do we want to table it? Commissioner P. Jaramillo suggested hearing it, then we could be determine whether to table it or deny it. Christina Ainsworth presented the application submitted by John Trujillo requesting a zone change for the location at 1275 & 1260 Juan Perea Rd. The applicant has requested the TOD-MU zoning in order to allow for an event . hall on this property. This is in the area that the Village approved as a TOD plan for and the zoning that he is requesting does comply with the recommendation in that plan. The plan also requires specific design guidelines be followed, there are special setbacks and parking requirements of the district that encourage shared parking, more pedestrian friendly oriented buildings, pedestrian amenities and various things that need to be reviewed when an application is submitted. Mr. Trujillo, has not submitted anything to indicate that he will comply with these guidelines. What was submitted was a hand drawing on a survey map he had. The drawing does show the scale and does not show dimensions. This is not an acceptable site plan and staff is unable to review that plan for evidence that it complies with the design and parking guidelines. For that reason, we request that the item be tabled indefinitely until he brings in an acceptable plan and that it has been reviewed by staff in compliance with the guidelines. Chairman S. Williams said, the applicant is not present, so she called on the audience for public comments. She asked that everyone would have an opportunity to speak, but asked that everyone try to keep their comments free and polite as possible. She asked, if there was anyone to speak in favor of this zone request? There was no one. Then she asked, if there was anyone wishing to speak against the zone change? Theresa Lucero approached the podium. She lives next door to Mr.Trujillo. She said, there are several neighbors that have come here tonite and they have taken several pictures and have provided the Commissioners everything they have to deal with on a daily basis. A letter with all concerns has also been provided and a video of what they have to wake up to every morning. Several residents living on Lucero Lane came up and spoke against the zone change. Some of the concerns mentioned were as follows: Narrow Lane, Parking Issues, Traffic, Alcohol, Loud Music late at night, Safety Issues because area is not currently fenced and bus stop is at that location for school kids. Kids are always jumping and hoarsing around all that stuff piled there. No one knows what it is he’s building. He is transporting a lot of metal there, cement and other stuff. First, it was going to be a dental office, then he was going to place an Italian restaurant there, then a place for his family get-togethers that’s fine but why does he keep telling us different things , every day. Now, he is bringing some of the junk he has on Juan Perea and placing it here on main street. He is supposedly building some two story building next to Teofilos. The Luceros mentioned he was going to put a block fence there for them at one time, now he’s putting railroad ties, he just keeps changing every time. Another thing is that the little house that sits in the middle of the first phase he built use to be a meth lab. Art Castillo another resident also came up and told the commission that they have been dealing with John Trujillo for 4 yrs or so. One of the biggest complaints they have is whatever he’s done has not been good for the neighborhood. He has built walls this way and that way and he has spoken to Adolph Lopez and John has not be requested a building permit. From what we understand is that anyone building any type of construction within the Village of Los Lunas must have a building permit. He has been building for 4 yrs. 6 months ago Mr. Castillo came to Adolph and asked what John was doing? He started knocking down the Country Inn and started hauling the building concrete to our neighborhood. I understand he has been cited into court several times, there is no ratifications for him being cited in court. I understand the judge states the hearings. Finally, the judge has given him 60 days to clean up the place. As of last week his workers were still laying block without a permit. Theresa Lucero also told the commission recently they had their house completely redone because of her husband’s handicap condition. She said, nothing went on without permits. They had to submit plans, follow rules, to complete things by a certain time. There are 4 issues that they brought in today. One is compliance, two completion, three situating a liability, four they ask that you please keep their concerns in mind.  Christina said, Code Enforcement is dealing with the issue. Yes, we are doing something about it. The long answer is the way the code is written and the mechanism we have to hold his feet to the fire is no(perfect. Comments have been made that the judge has continued to postpone his hearings, dismiss them or reschedule them and this has been the most difficult issue we have had to deal with. The last time he went to court he was required to submit plans for the fence to comply with our fence standards. The applicant has been warned that he has 60 days to clean up the property as far as construction materials that are not being used for his construction. One of the things you can do that would send a strong message is to submit letters to the judge and attend the hearing when he comes back. Commissioner P. Jaramillo was asked by Chairman S. Williams to assist in this matter, since he had more experience. His reply was, there are 3 options: approval, denial and tabling the matter indefinitely. He said, if we table it indefinitely it cannot move to the council level. If we make a recommendation of denial which would be really good for the neighborhood, then it would go to the council because that would be a recommendation. There is so many flaws with this one. It is best to table it indefinitely and have him start all over from the beginning. That is the best option. He also explained that a permit is not required for many uses. Permits are real difficult to deal with because the state is also involved. Chairman S. William then called for a motion. Commissioner P. Jaramillo made a motion to table this item indefinitely and have him start all over with new application and notifications. Commissioner W. Baca seconded the motion. He said, he needed to make some clarifications. He asked, that Mr. Jaramillo add his comment that the application was for the wrong zoning at this point. All voted yes, motion passed to table it indefinitely. ITEM III — APPROVAL OF MINUTES — February 15, 2012 Chairman S. Williams called for a motion to approve the minutes for February 15, 2012. Commissioner P. Jaramillo made a motion to approve the minutes as presented. Commissioner W. Baca seconded the motion. Everyone voted yes, motion carried.. ITEM IV - DISCUSSION a. — Community Development Activity Report Christina Ainsworth gave a brief summary on how the Village Comprehensive Plan is coming along. She said, we do have an agreement the COG has presented for us to review for the Transportation Plan portion and she is hoping to have that for the Council on the 22 nd so it can be retained to proceed on the process. She said, it will be a very good plan for the community. b. Code Enforcement Issues — All were heard tonite!! ITEM V - ADJOURNMENT Chairman S. Williams called for a motion to adjourn. Commissioner P. Jaramillo made a motion to adjourn. Commissioner W. Baca seconded the motion. Everyone voted yes, Motion carried. 2 ) \( v&p V \.t— - i1b7 ie Williams, Commissioner Terry Ulibarri, Commissioner /Z/( Phillip Jaramillo, ommssioner Walter Baca, Commissioner Vacant Seat Ei