Village of Los Lunas Planning & Zoning Agendas

MJNUTES PLANNING & ZONING MEETING August 1, 2012 The Village of Los Lunas Planning & Zoning Commission met in their regular session on Wednesday, August 1,2012 at 6:00 pm in the Village Council Chambers. Members present were as follows: Commissioners Phillip Jaramillo, Terry Ulibarri, Stephanie Williams, Walter Baca & Frank Vigil. Also present were Adolph Lopez, Building Inspector/Code Enforcement Supervisor, filling in for Christina Ainsworth, Diana Crowson Planning Technician, & Marie Marquez, Recording Secretary. Members of the public present were as follows: Nino & Gloria Trujillo, Floyd & Shelly Harris, John Trujillo, Ivonne Aranda, Toni & Art Castillo, Stacy & Norm Lincoln, Evelyn A. Carabajal, Jeri Salazar, Mark Bell, Terese & John Peralta & Debbie Montoya. The Meeting was called to order by: Chairman Stephanie Williams APPROVAL OF AGENDA Chairman S. Williams called for a motion to approve the agenda. Adolph Lopez intervened by requesting that Item #1 on the Agenda, which is a Zone Change for Salazar be tabled pending legal determination of the TOD Legal Council Map. Chairman S. Williams called for a motion. Commissioner T. Ulibarri made a motion to table Item #1 as requested by staff. Commissioner F. Vigil seconded the motion, everyone voted yes, motion carried. Chairman S. Williams then called for a motion to approve the agenda as amended. Commissioner P. Jaramillo made a motion to approve the agenda. Commissioner W. Baca seconded the motion. All voted yes, motion carried. SWEARING IN OF PARTICIPANTS AGENDA ITEMS: ZONE CI-IANGE-SALAZAR ITEM 1-CONDITIONAL USE - SALAZAR Item #1 tabled due legal determination of the TOD Map from Legal Council. ITEM 2- ZONE CHANGE TRUJILLO - Chairman S. Williams introduced Item 2, Zone change for Trujillo. She said, the action requested of this commission is to have a public hearing and send recommendation to Council. Diana Crowson came up and presented the application submitted by Mr. John Trujillo requesting a zone change for the property located at 1261 Juan Perea. Legal description is Tract 4AlBl, MRGCD, Map 75, Council District #3. The request is for a zone change and the proposed use is for a commercial project. This involves only one Tract 4A I B I. There was only one communication as of this time from surrounding residents. The application is for a zone change from AR to C-I for the purposes of a low impact commercial development. Community Development Department finds that the area is transitioning into a mixed use area and is in close proximity to the Rail Runner but the area is still highly residential. The requested C-l zoning is not necessarily compatible with the TOD or overlay zone, but commercial zoning has been approved in the past in this area. There appears to be sufficient parking for this use. Mr. John Trujillo approached the podium and gave a summary of what his proposed plan will consist of. He said, he has consolidated things to one property instead of having it on two different lots. The event center he had originally planned to build has been withdrawn. Currently, he plans to build a Domingo’s Restaurant, Sandwich Shop and a small Barber Shop & Shoe Shine Place. Previously the event center was going to be on the lot to the south but now he plans to build his residence there. Commissioner T. Ulibarri asked about the number of spaces he was going to have. Mr. Trujillo said he had 78 spaces to the back and 14 to the front. He was asked how big the parcel was. Mr. Trujillo said it was I ¼ acre. Commissioner W. Baca asked what about the garage that appears on the drawing and the existing house? What are they were going to be used for? Mr. Trujillo said the existing house will be torn down part of the way to accommodate the restaurant and the existing garage will be used for storage for restaurant stuff such as walk in coolers, etc. All traffic will enter through the north side of the property, which is 30 ft. wide. Gates on Lucero Rd. will be blocked, so no traffic will flow through Lucero Rd, only in case of emergency that will be left as fire lane. Chairman S. Williams asked Adolph if that was adequate for ingress and egress? Adolph said he would have to verify that with the fire marshal. Adolph said mainly what staff would be recommending is no obstruction for utilities. Commissioner F. Vigil asked Mr. Trujillo what type of lighting he was going to have and the amount of impact it would have with the surrounding neighbors. Mr. Trujillo said it would be mostly low voltage type lighting on the outside of the exterior and low profile on the parking lot lights. Commissioner F. Vigil also questioned the signage & landscaping. Mr. Trujillo said it would not be a lighted sign, it would be similar to what the Luna Mansion & Teofilos have and the landscaping would consist of trees and shrubs that he could fit in the different areas. Commissioner Vigil also asked if there would be anything else stored on the property. Mr. Trujillo’s reply was it is all building material and he plans to put it to use, and whatever is not used will be disposed of. Chairman S. Williams called for anyone wishing to speak against this request for a zone change. Mr. Art Castillo came up. He said he lived across the street from Mr. Trujillo’s proposed development. He said there are neighbors that are elderly, others have animals. Our neighborhood has been agricultural/residential as long as I’ve been around and this development does not fit the neighborhood. He is very much against this zone change and changing the zone is not in the best interest of our neighborhood. Mrs. Toni Castillo also came up and spoke against this zoning proposal. She said “We’ve been here several times already and it’s getting old. Every time we turn around, it’s a new plan, it’s a new change. I’m very glad that the event center is not going to be coming up, putting up that many businesses in that area is not good. We have children that are growing up in that area, we have a bus stop that is also in that area.” She said she was very concerned about the traffic and the safety of the children. They are just getting discouraged with all these changes She said John just buys materials and puts them in the area . and we’ve had to make the changes The only other business in the area is the attorney’s office down the . street and it’s very nice, it’s landscaped very nice. She said as it was mentioned before, if it would have been a doctor’s office or something of that nature, we would of never had an issue, but he has changed back and forth so many times and now he is going to have four businesses there. Mr. Trujillo said the restaurant would only be open perhaps weekends and not late hours. Mrs. Castillo said it really doesn’t matter because once it’s commercial it can be turned into anything. Adolph Lopez said if it gets turned into commercial it can be turned into any of the permissive uses. Mrs. Castillo said all the neighbors have come before you and expressed their concerns and it seems we haven’t been listened to. She said we keep coming back over and over again. Chairman S. Williams asked if there was anyone wishing to speak in favor of the zone change. Mrs. Ivonne Aranda came up and spoke in favor of her husband, John. She said right now I know the lot looks bad, but my husband is very creative and I know he will build something nice. She said they don’t wish to bother anyone, they just want to move on with their plan. Her husband just wants to get out of construction and do something different. The restaurant will be a nice view from Hwy #314 and a nice place, no loud music or late hours. Terese Peralta came up and stated that she lives at 1326 Juan Perea Rd. and she totally agrees with the Trujillos. She said she approves of what he’s doing for economic development. She said Mr. Trujillo is trying not to infringe in the area and making the entrance through Juan Perea. Rd. which is going to make a huge difference and turning the area that was going to be an event center into his own home is a plus. She said we want to have a place to spend our money and keep it in Los Lunas. You’ve got to have economic development and it’s got to start somewhere! She said, with the Rail Runner being so close we need more commercial businesses to bolster the economy in this town. Mr. Nino Trujillo also came up and said, he was here in support of his son. He told the commissioners that ever since John was young he was a very creative child. He said, “I know that once he gets to building his business, he will be getting rid of all the construction materials. I know that John has some great ideas and I know that Juan Perea will eventually become commercial because of the values of the land there on Juan Perea.” Commissioner F. Vigil asked Mr. Trujillo where he lived. Mr. Trujillo said I live up on the hill. Chairman S. Williams then called for anyone else wishing to speak for or against this zone change. Mr. Norman Lincoln who lives at 1300 Juan Perea which is at the end of Lucero Rd said there has been discussion many times. Lucero Rd. is located approximately 5 blocks from the Rail Runner Station, it’s also located about 5 blocks from Morris Rd. Mrs. Trujillo mentioned the fact this would be a nice look from #314, well you have to go through the Rail Runner Station or Morris Rd. in order to access it and Juan Perea is a residential feeder street. The City does not even consider it a high enough traffic to stripe and this is a totally residential area. He said that he doesn’t think that businesses that cater to walk in traffic is the right thing for 5 blocks from the RR station. It is not a reasonable distance and I would very much like to see you turn this down. Chairman S. Williams called for any discussion. Commission T. Ulibarri said that Ms. Castillo was absolutely correct and that everyone is frustrated. This thing has been here so many times, she is totally correct. Obviously the error was made by staff, but staff has been very diligent in trying to get things straight & this time it seems that everything was advertised correctly. Chairman S. Williams said she feels for the neighborhood and she said, she still thinks it’s the wrong project for the neighborhood. She said she feels it’s the same project with a new name. She said it’s not an event center but it’s a big restaurant and could be used for whatever purpose and if it’s changed to commercial whatever happens, happens. Commissioner T. Ulibarri made one last comment that this was not at all the same proposal. He asked Mr. Trujillo, in the event center how many people were you going to have? Mr. Trujillo said, we had proposed three or four hundred. He asked how many people Mr. Trujillo is proposing for your restaurant. Mr. Trujillo said about 150. Mr. Trujillo said this restaurant will be by reservation only, so we will know the exact amount of people that are coming in advance. Commissioner W. Baca also gave some of his comments. He said he was a land owner, pretty close to Mr. Trujillo’s property and has lived in the area sixty five years. He said he disagrees that this area isn’t going to be commercialized in the future. I think we’re lucky this is not some apartments on Lucero Rd. I lived next to the trailer park that was there for as many years and that was tough because the people that were moving in and out were rough, I’d get my house shot with paint guns and what have you. Now they just graphitized the wall where that trailer park was, and so he agrees that this would be a minor impact if it was commercial as compared to the SU that came before us in the first place. He said he likes the idea for Mr. Trujillo’s residence, he desperately needs a good size lot. He thinks this will go, Chairman S. Williams asked Commissioner W. Baca, if he wished to put that in a form of a motion for recommendation to Council. Commissioner W. Baca said yes he wishes to make a recommendation to Council to approve this zone change from AR to C-I on Tract 4AIBI. Adolph requested that based off the Council tabling other zone change items, he asked if they could make sure that staff presents the recommendation to Council with findings as Council has requested. Commissioner T. Ulibarri amended the motion by stating that that the findings obviously have to be Goal 1.1 ,that encourages new growth through infill development within the Village limits but Goal 1.6 provides flexibility for mixed zoning and another finding would be that the application is for a lower impact than originally proposed and commercial zoning has been approved in the past in this area on Juan Perea Rd. Chairman S. Williams stated there is an amendment to the motion made by Commissioner W. Baca. Commissioner P. Jaramillo further amended the motion to make it clear this spot zoning was an issue in the attorney’s reference, he , said, there should be a finding included with the findings the TOD had that it does not constitute a spot zone if we decide to grant a C-I zone. Commissioner P. Jaramillo told Mr. Trujillo, you have to make sure you don’t limit your hours to where your business won’t survive. Vacant businesses is the worst thing you can have so think about what you want to do. With this, Commissioner P. Jaramillo seconded the motion. The vote was 4-1 in favor. Motion carried. APPROVAL OF MINUTES — JULY 18, 2012 Chairman S. Williams called for a motion to approve the minutes for July 18,2012. Commissioner W. Baca made a motion to approve the minutes for July 18, 2012 as presented. Commissioner P. Jaramillo seconded the motion, everyone voted yes, motion carried. Commissioner F. Vigil asked Diana if he was replacing Rick Griego or if it was an open position due to the census. Adolph Lopez answered his question by saying it was because of redistricting not necessarily because of the census. ITEM 4- DISCUSSION a. Community Development Activity Report Adolph said he wasn’t sure if it was new community — development item, but it is something that could affect development. He said the Council approved a moratorium on impact fees to create development but he said, “I guess time will tell,” It will be for 2 years with a one year review. Adolph Lopez also said, we are hoping to have the final corridor plan approved from the State DOT by Friday, August t8 h Adolph said, currently only one building permit has been issued. He said, code enforcement is getting a lot of questions on how it’s actually going to impact development. We will probably see something happening in about a month or two. The fees that were waved were the water, sewer, and park impact fees. They will still have to pay connection fees such as water connection and water deposit, sewer connection and building permit fees. The other thing you might see is the ordinance on waiving the distance on liquor licenses. It is not granting the applicant a waiver, but it allows them to apply for the distance waiver from a school or church, which is currently 300 ft. Commissioner F. Vigil asked about the Applebee’s Restaurant. Adolph said, Applebee’s said in the council meeting, they are working with a developer on the site. The actual date is early 2013 and the next step for them is to apply for that waiver. He said we are just waiting for Applebee’s legal council to apply for the waiver. The location will be in front of Lowe’s. Adolph also mentioned to the Commissioners the newly appointed judge by Council that will help Code Enforcement move some of the Code Enforcement issues. His name is Henry Leonard Perea, son of the late Councilman Henry Perea. Marie also gave a summary of what the summer youth program accomplished this last 4 weeks. Commissioner F. Vigil made a comment that Los Cerritos really looked good. Adolph said, it did make a huge difference and helped out with the code enforcement issues. b. Code Enforcement issues. - None ITEM 5- ADJOURNMENT Chairman S. Williams called for a motion to adjourn. Commissioner P. Jaramillo made a motion to isioner W. Baca seconded the motion. All voted yes, motion passed. /7-e-( ‘‘Te Ulib i, Commissioner Walter aca, Commissioner El