Village of Los Lunas Planning & Zoning Agendas

MINUTES PLANNING & ZONING MEETING September 19, 2012 The Village of Los Lunas Planning & Zoning Commission met in their regular session on Wednesday, September 19, 2012 at 6:00 pm in the Village Council Chambers. Members present were as follows: Commissioners Phillip Jaramillo, Stephanie Williams & Walter Baca. Commissioners Terry. Ulibarri and Frank Vigil were absent. Staff members present were Christina Ainsworth, Community Development Director, Diana Crowson Planning Technician, and Marie Marquez, Recording Secretary. Members of the public present were as follows: Floyd & Shelly Harris, Tony Williams and Jeri Salazar. The Meeting was called to order by: Chairman Stephanie Williams APPROVAL OF AGENDA Chairman S. Williams called for a motion to approve the agenda. Commissioner W. Baca made a motion to approve the agenda as presented. Commissioner P. Jaramillo seconded the motion. Everyone voted yes, motion carried. SWEARING IN OF PARTICIPANTS AGENDA ITEMS: ZONE CHANGE-SALAZAR ITEM 1- ZONE CHANGE- SALAZAR Chairman S. Williams introduced Item I Zone Change by Jeri L. Salazar. The action requested of this , commission is to have a public hearing and send recommendation to Council. This application was tabled on August 1, 2012. Chairman S. Williams called on Diana Crowson to come and present the item and tell the Commission why this item was tabled. Commissioner P. Jaramillo made a motion to untable this item and take testimony tonight. Commissioner W. Baca seconded it. Everyone voted in favor, motion carried. Diana Crowson was asked to come up and tell the Commissioners the reason this item was tabled the first time. Diana said, it was because staff wasn’t sure on how to proceed with this, since it is in the TOD-MU area it was ambiguous as to whether they had to come in for an actual zone change to become TOD-MU or not. Since then staff has received advise from legal counsel who said yes, they must come in for a zone change. Diana went on to present the item requested by Ms. Salazar. She said, she is applying for a zone change from C-I to TOD-MU for Tract 2, Land of Wayne Bottoms, MRGCD, Map 73 for the purpose of setting up a business and residence. The location of this property is 803 Hwy #314 SW, legal description is Tract 2 land of Wayne Bottoms, MRGCD, Map 73. Currently, they just want to build a home, and later add a business as well. Property owner is Jeri Salazar. The surrounding zoning and land use to the north is agricultural/residential and C-l. To the south is agricultural/residential and C-I and land use is residential and commercial. To the east is SU & C-I, it’s residential vacant. Notice of public hearing was mailed to all property owners within 100 ft. of the proposed rezoning area on July 18, 2012 and to date, no correspondence has been received until a day or two, but it was not a formal complaint, it was just a question as to what was taking place. Community Development division finds that 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 and agricultural uses. It fits with goal 1.1.1 of Comprehensive Plan to evaluate the current zoning of potential areas to insure consistency with land use and growth management goals, and goal I 1.6 to implement zoning policies that achieve a desirable mix uses of different land uses and . density’s preserving the neighborhood character and respect the rights of private property owners. It is in conformance with the Village of Los Lunas Comprehensive Plan and the area is in the transportation oriented development area and is in a transitional area. Community Development staff finds that the requested zone change is in keeping with the character of the area and with the surrounding land use. Chairman S. Williams asked the commissioners if she needed to recuse herself, since her and her husband own the property to the south and to the west of the proposed zone change and they did receive two notices. She also mentioned that they have no financial interest in her project. The Commissioners said, there was no reason for her to recuse herself. Commissioner W. Baca asked Diana to give them an overview of the TOD-MU zoning. Diana said, the TOD-MU allows for a higher density, it also allows for mixed use (Commercial & Residential) on the same lot. There are a number of other uses that are allowed on the TOD-MU that would not be allowed in a residential or C-i property. She said, it is still pretty restricted as to what type of commercial businesses you can put in there (example: you can put in a bakery but no a bar). There are a number of restrictions on the type of commercial use, but it is designed to be higher density and mixed use. There is no minimum size for the TOD-MU lots. Christina Ainsworth said, it is a different type of development than what we’re use to. Instead of having minimums, there are maximums (example: there is a maximum parking requirement) because we want to encourage alternative multi transportation. We don’t want people to have more parking than what they need. We encourage shared parking, building up to the property line in front to create a store front type of atmosphere where it’s more inviting. As far as density maximums, there are density minimums. We try to create an environment that’s more dense and pedestrian friendly. These are some of the regulations you will find in the TOD-MU. Chairman S. Williams said, she was under the impression that it was zoned TOD. Christina said, that was the intent. That is actually the recommendation that the plan made, but when the plan was adopted, a lot of people were under the impression that it was also rezoned. Rezoning requires a separate action where an ordinance would have been adopted that rezoned and described all of the properties that were being rezoned and that, was never done. Christina said, she is looking to get direction from council to get it rezoned. She said, what the TOD wants is for this area to transition into a mixed use. This way when someone comes in for a zone change this can be used as a policy guide. Diana said, one of the reasons that it was not all rezoned at the time was that the residents were going to be given the option to come and request it if needed. Jeri Salazar was called to come up and give a description as to what her plans are. She said, she currently lives in Belen but wants to build a home here and move her business here for the convenience of the Rail Runner for later years in life. I can ride the train to Albuquerque. She said, Belen has changed and so I would like to come to Los Lunas. Commissioner W. Baca asked her if she plans to build her business in front of the home? She said, currently she has her shop in her home, and she is the only beauty operator. Commissioner W. Baca asked staff on this MU zoning if they are going to use it as a mixed use (residential/business) Is there a minimum of residential compared to business otherwise? Christina Ainsworth said, in that she’s using an existing building no, but if she wanted to develop apartments in the future, she would have to look at the minimum requirements. Chairman S. Williams called for anyone wishing to speak for or against this proposed zone change. Mr. Tony Williams came up and told the Commission, he has property next to this proposed zone change and he supports the zone change. He said, the reason he came today is his concern about how the TOD zoning is being handled. He said, he was a member of the committee that worked to develop this plan. I was surprised that TOD zoning had not been put in place. He said, it was his understanding serving on this committee that the recommendation of the committee to the council was, that the zone change be adopted for the entire area that any existing uses be grandfathered in. He said, this was designed to be a high density development area that would be served with public transportation. He said, I understand what has happened, there was no individual notices sent to all of the residents and when he looked through the minutes, there is confusion in his mind. Now, by not changing the zoning everyone can take advantage of the existing zoning. He said, he would strongly recommend that this planning & zoning commission make a recommendation to the council to revisit this thing and either get rid of this TOD zoning and let us go on, and let the neighborhood develop like it has, or get it in place in a real firm appropriate way with standards and really promote this high intensity development. I would rather see that — it would be good for Los Lunas and for the economy. Commissioner S. Williams asked Diana when it would go to Council, and Christina said it would have to be published first before going to Council. Commissioner P. Jaramillo asked Christina if she had checked with the COG. Christina said, they wrote the document and prepared the standards for the TOD district, but never did any work on any ordinance that actually rezoned any property. She said, there was an ordinance but those were the standards for the TOD, not actually a rezoning ordinance. Commissioner W. Baca said, there is some confusion about the TOD boundaries. Christina said, there are two different boundaries. One is the TOD-MU and the other TOD-R. She said, if Council was to ask us to prepare something for the rezoning, it could take several months. Chairman S. Williams called for a motion for recommendation to Council. Commissioner P. Jaramillo made a motion to recommend to Council approval for this zone change and ask the Council to consider rezoning the entire area that was identified by the boundaries correctly. This way we won’t have to spend a lot of time going through each one of these. Findings: Since there is a TOD-MU plan and design standards that were developed, it does meet with all of those standards. Also based on staff recommendation that staff gave us that this is a transitional area. Commissioner seconded the motion. Everyone voted yes, motion passed for recommendation to Council. Staff will present the problem to Council and let them know we’d like to proceed unless they object. APPROVAL OF MINUTES — September 5, 2012 Chairman S. Williams made a motion called for a motion to approve the minutes for September 5, 2012. Commissioner P. Jaramillo made a motion to approve the minutes for September 5, 2012. Chairman S. Williams seconded the motion. Everyone voted yes, motion carried. ITEM 4- DISCUSSION Community Activity Report —Christina told the Commission that there was an article in the newspaper today regarding the hospital. She told them the developer had a workshop and showed them the plan, as to when they plan to start and the financing part of it. She said, they are ready to move forward. She said. Valencia County entered into a joint powers agreement with Belen to provide the mill levy monies to a hospital to be build a hospital in Belen. She said, it was very disappointing. Christina also mentioned to the Commissioners that the Artwork for the interchange was presented. There were 6 projects total. Each artist gave presentations for each. She said, what we’re looking for is, what is the look and feel that we want for Los Lunas. It was interesting that they all liked the same one. There will be one placed on each side of the freeway. She also told the Commissioners that the Village is getting ready to sign the agreement with the Artist for the Community Branding. Now we are getting ready to develop a logo that goes with the theme for the Branding. Code Enforcement Report — Citations are being handed out for weeds. Christina said, yes the guys have been working pretty hard. ITEM 5- ADJOURNMENT Chairman S. Williams called for a motion to adjourn. Commissioner P. Jaramillo made a motion to adjourn. Commissioner W. Baca seconded the motion. All voted yes, motion passed. Absent Ste hanie Williams, Chairman Terry Ulibarri, Commissioner ihiIlip Jaramijlc Commissioner ‘Walter Baca, Commissioner Absent Frank Vigil, Commissioner [1 El