Village of Los Lunas Planning & Zoning Agendas

MINUTES PLANNING & ZONING MEETING August 15, 2012 The Village of Los Lunas Planning & Zoning Commission met in their regular session on Wednesday, August 15, 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: Kim Owens & Karen Bernauer. The Meeting was called to order by: Chairman Stephanie Williams APPROVAL OF AGENDA Chairman S. Williams called for a motion to approve the agenda. Commission T. Ulibarri made a motion to approve the agenda. Commissioner F. Vigil seconded the motion. Everyone voted in favor, motion carried. SWEARING IN OF PARTICIPANTS AGENDA ITEMS: ZONE CHANGE-BERNAUER I ITEM 1- ZONE CHANGE - BERNAUER Chairman S. Williams introduced Item 1, Zone Change. The action of the Planning & Zoning Commission is to have a public hearing and make a recommendation to Council. She did pause for a moment and told the commissioners that she knew the applicants very well and was very familiar with the property in question. She asked the commission if she should recuse herself or not. They said, they had no problem, since there was no financial interest involved. Chairman S. Williams went on to introduce the request submitted by Steve and Karen Bernauer & Kim Owens. They have applied for a zone atlas amendment for 651 Los Lentes Rd. NE for the purpose of converting the commercial property to a residential property. Diana Crowson was called to present the application received for a zone change submitted by Karen Bernauer for 651 Los Lentes Rd. NE. She said the legal description is Tract 39 MRGCD, Map 72, Council District 4. She said the proposed use is residence with an accessory apartment. This will be a zone change with a designated use since the building is already standing. Chairman S. Williams asked why it was a designated use? Diana said, because there is an accessory apartment that’s already in existence and this is, a residential use, but since it’s R-1, an accessory apartment is a designated use. Adolph intervened by stating that it follows our permissive uses with the R-l Zone, so if the commission recommends a zone change to R-1, they would not be in noncompliance being that they would be eligible for that designated use with the R-1 zoning per the permissive use table inl7.40.OlO. Since it was not clarified in any documentation from staff, we want to make sure it states that along with the zone change it is a designated use, because they have an accessory apartment already in existence. Commissioner P. Jaramillo asked if the designated use had to be included in the motion? Diana said yes. Diana also stated that notices were mailed to all property owners within 100 ft. of the proposed zoning on August 1, 2012, and no communication has been received. The purpose of this application is to convert the commercial property into a residence. The requested zone change is in keeping with the character of the area and the surrounding land use, which is transitional and composed to commercial/residential & agricultural uses. Chairman S. Williams called for any questions/concerns from the commission. Commissioner P. Jaramillo had a concern with the designated use. He asked what the process was for that use? Diana said, if it’s approved by P & Z, then it goes to Council, rather than doing two actions at once. Commissioner P. Jaramillo had a concern regarding the publication for designated use. Adolph said, in Ordinance 17.40.020, the table of permissive uses, letter D means designated use permits must be obtained from Village Council. He said, I directed Diana even though we didn’t get it into the documentation to the Commission, we needed to inform the commission in a public form of that, since it was not publicized correctly. Adolph said, it will be at the discretion of the commission to recommend to Council approval of the zone change with the designated use, or just approval of the zone change. If so, the applicant will have to come in and apply for a designated use in order for it to be in compliance with the Ordinance. Adolph asked Commissioner Jaramillo if that answered his question? Commissioner P. Jaramillo said, we are really in the same boat as last time. Commissioner T. Ulibarri said, if that doesn’t answer the questions, then just table it. Commissioner P. Jaramillo said, then this would have to be another fee. Commissioner P. Jaramillo said, in this case we should of taken action in both of them, but it should have been published properly. I don’t think we can recommend this to the Council without it being properly publicized. Diana said, this is why I was trying to do the two of them tonite. Adolph said, if that is the wish of the Commission, it could be tabled and staff will readvertise and then we will get back to the Planning & Zoning Commission with the correction made. Diana asked if it would be possible to put that in the fmdings since the building is already existing, it’s been there for many years. Commissioner P. Jaramillo said, if you are going to continue to use it as an apartment, but it wouldn’t get proper approval and I don’t think that’s what they would want. Chairman S. Williams called on the applicants to give a review of their proposed plans. Karen Bernauer and Kim Owens came up to give their reason for their request of a zone change. Karen Bernauer said, they had their land on the market and they have a buyer for it, but they cannot get a loan because it’s zoned commercial. She said, she was having a very hard time understanding why it can be commercially zoned with people coming and going all day long, but residential with an apartment is a problem when they are asking for down grading zoning. She did not understand the reason. Commissioner T. Ulibarri said, the question is not with that. The question is following a process that we must follow by law. Commissioner Ulibarri said, it’s not that we would say yes or no, but in not advertising it properly we are not acting as we are suppose to, as a body. We do take an oath at the beginning of a meeting, so we must act in a proper way just like being in a court of law. The Commissioners were trying to work out something in order to meet the deadlines, but that didn’t work and it would only delay things. Adolph said, there is, a procedure he said, I will take the responsibility, and say there was an error in the procedure as far as the designated use and we don’t have the proper documentation to proceed. Chairman S. Williams said, we could take action on this zone change, but our fear is because of what happened recently with the Council, they won’t make a decision, it will be kicked back to P & Z. Commissioner P. Jaramillo said, if they kick it back to us, you will land up losing more time. Adolph said, the ordinance tells us clearly, we must do that, and we don’t have that documentation. He recommended it get tabled and staff work with the application to properly advertise it, so we are not in violation of the ordinance. Ms. Brenauer said, when we first did the application it was not done correctly so, we were detained and now again, and it’s frustrating because real estate is really bad right now, and we got buyers, and they are ready to move right away as soon as we get the zone change. Chairman S. Williams said, we could pursue it with what we’ve got, and take the chances of sending it to Council and them not doing nothing. The second thing, is what about a special P & Z meeting? Commissioner P. Jaramillo said, we can’t. Adolph Lopez said, our ordinance is pretty specific. The Commissioners and applicant finally came to an agreement that it would come before P & Z on September I5 and the Council on the 20 th Chairman S. Williams called for a motion. Commissioner P. Jaramillo made a motion to postpone this until September t5 h and that all additional fees to meet all requirements be waived. Commissioner T. IU I Ulibarri seconded the motion. All voted in favor, motion carried.  ITEM 2—APPROVAL OF MINUTES - August 1, 2012 Chairman S. Williams called for a motion to approve the minutes for August 1, 2012. Commissioner T. Ulibarri stated there was a small error correction to be made. Commissioner W. Baca made a motion to approve the minutes. Commissioner T. Ulibarri made an amendment and seconded the motion for approval All voted yes, motion carried. ITEM 3- DISCUSSION a. Community Development Report Adolph told the Commissioners about the Chili Festival — coming up in September t8 hi & th He said, it’s something they’ve been working with the Wagner Farms. He said, it’s not necessarily in the Village but they are working with all farmers in Valencia County. We got a resolution from Council & Valencia County to support this. This is the first annual event and we are fortunate to have the Wagner’s there helping us resolve our dust problem on state property and investing in our community even though it’s not in the Village Limits. This will create economic develop by what they’re doing there. They are using local farmers so that’s good for our community. This will give them some kind of recognition. They are also getting the state to buy into it as well. It will also be good to see one of the local musicians on the venue “El Gringo”. It’s a positive thing coming from our department & hopefully, you will all share this with your families and friends. Commissioner W. Baca asked about the number of employees the Village had? Since the newspaper had an article with 500 employees. Adolph’s response was that this probably comes from employees families and Central Dispatch who are also are covered under the same umbrella. Commissioner F. Vigil asked if the Village of LL was supporting the Chili Festival financially? Adolph said, no, but we do support them by providing certain services such as trash services, signage, traffic control, etc. Adolph said, we’ve also had a little bit of communication with Apple Bees, but they are still working on a variance for the liquor license because of the distance to the church on the strip mall. He said, we have had a couple of small shops and now that the moratorium was done, Pulte homes came to talk to Community Development about purchasing more land to build homes here. Jubilee Community has also been bought out, and they are operating under another company right now. They are also going to start moving their production soon and they have also have about 5 pending projects, one of them is including the expansion of recreational facility which will be good for our Community. The concept will remain the same. This will be real good for economic development. b. Code Enforcement Code Enforcement complaints from that neighborhood is maybe one, and that’s — blowing dust or semi trucks moving too fast. ITEM 5- ADJOURNMENT Chairman S. Williams called for a motion to adjourn. Commissioner P. Jaramillo made a motion to 1 r n)ComrIiioner T. Ulibarri seconded the motion. All voted yes, otion carried. Steph ie WilliamChairman - Terry Ulib 1, Commissioner Phillip Jarawi1ic1 (mmission Walter Baca, Commissioner - Frank Vigil, C fiis