Village of Los Lunas Planning & Zoning Agendas

MINUTES PLANNING & ZONING MEETING April 3, 2013 The Village of Los Lunas Planning & Zoning Commission met in their regular session on Wednesday, April 3, 2013 at 6:00 pm in the Village Council Chambers. Members present were as follows: Commissioners Stephanie Williams, Phillip Jaramillo, Terry Ulibarri, Frank Vigil & Walter Baca. Staff members present were Christina Ainsworth, Community Development Director, Diana Crowson Planning Technician, and Marie Marquez, Recording Secretary, also present were: Sandy Schauer, Bob Anderson, Fermin Lopez, Warren Henry, Richard Whiteside & Kathryn Griego. 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 P. Jaramillo made a motion to approve the agenda as presented. Commissioner T. Ulibarri seconded the motion. Everyone voted yes, motion carried. At this time Chairman S. Williams told the commissioners & staff that she was going to recuse herself from Item 2 and Vice Chair P. Jaramillo would conduct the meeting for that one item, since it had an impact on her. SWEARING IN OF PARTICIPANTS AGENDA ITEMS: ZONE CHANGE LOPEZ - ZONE CHANGE WILLIAMS - ITEM 1- ZONE CHANGE - LOPEZ Chairman S. Williams introduced Item I Zone Change Lopez. She said, the action of this commission , — is to have a public hearing and send recommendation to council. Mr. Fermin Lopez is action as agent for Dma Mendoza who has applied for a zone change for Tract B-I-B, Land of Fermin Lopez & Mary Grace Duran, MRGCD Map 69 changing it from AR to R-l in order to apply for a family lot split. Diana Crowson was called to present the application submitted by Mr. Fermin Lopez, agent for Dma Mendoza. She told the commission that she had received a Zone Change request for 1475 Los Lentes Rd. It is Tract BIB, Land of Fermin Lopez and Mary Grace Duran, MRGCD. Map 69. The proposed use is for residential, it will be a family lot split with a mobile home placed on part of the lot. All surrounding properties are zoned AR but all are used as residential. Notices were mailed to all property owners within 100 ft., it was also published in the newspaper and to date no correspondence has been received for or against this zone change. 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 residential & agricultural. The applicant will have to provide a friendly easement for the private road to be named Mary Grace Lane. It is in compliance with Goal 1.6 to implement zoning policies & achieve a desirable mix of land uses & densities preserving this neighborhood character and respect the right of private property owners. Diana was open for any questions. Chairman S. Williams asked if water and sewer was available and the reply was yes. Commissioner W Baca also asked if it was a trailer home? Since, it may not be allowed on a one acre AR lot. Christina Ainsworth said, modular structures are allowed anywhere where family residentials are allowed. A trailer on axles is not allowed. Mr. Fermin Lopez was called to the podium to present his proposed plan. He said, this was a manufactured home. He said, it would be placed on a permanent foundation. The manufactured home will be moved directly across from where it is, to the westside of his daughter’s house. Diana said, once the zone change has been approved, there will be a lot split. There were no further questions. Chairman S. Williams called for any comments from the public for or against this zone change. There were none. Chairman S. Williams then called for a motion. Commissioner T. Ulibarri made a motion to approve this zone change for Dena Mendoza, from AR to Rl in order to apply for a lot split and submit a recommendation to Council for approval, he said, it falls under the code regulations of the Village and the recommendations from our staff is that it be accepted. Chairman S. Williams said, the motion was amended to include findings from the staff report. Commissioner W. Baca then seconded that motion. Everyone voted yes, motion carried. ITEM 2-ZONE CHANGE- WILLIAMS Vice-Chair Phillip Jaramillo, introduced Item 2 a request for zone change. The action of this commission is to have a public hearing and send recommendation to Council. This request is for Lot E-Mondel Patio Villas, MRGCD, Map 73, from R-3 to C-l in order to convert the property into a law office. Diana Crowson was called to present Item 2. She said, this is for Lot 619, Avenida Montoya, NE. It is in Council District 3. The request is for a zone change and the proposed use is for a law office. The property owners are Robert U. Anderson and Sandra M. Schauer. The surrounding zones are mixed uses residential and commercial. Notices were mailed out to all property owners within 100 ft. from the proposed property. It was also published in the newspaper and currently no correspondence has been received for or against the proposed zone change request. Community Development Division finds that the request for the zone change is in keeping with the character of the area and surrounding land use. It is also in a transitional area. Commissioner T. Ulibarri asked about the parking and lighting. Diana said,, the parking was questionable. Christina said, the requirements are one space for every two employees. There were no other questions from the Commissioners. Mr. Tony Williams was called to the podium to give a summary of his proposed plan. He said, this property is designed as patio home. It is the eastern most one in the existing string of Patio Homes on Avenida Montoya. He said, his law practice consists of himself and Stephanie who helps him on apart- time basis. They have no intentions of expanding the sculpt of the number of employees. Since, he returned to the practice of law he found out how much more efficiently one can do it with the new technology available today. He does mostly water rights, land development and real estate. He doesn’t have and doesn’t want walk in traffic. He said, he does not plan to put a sign outside on his property, perhaps only a small entry sign on his door to inform people where the correct entrance is to his office is. He said, the amount of traffic he has in his office is less than the traffic he has at his home. And as for parking, he said, most of the time he and Stephanie ride in the same car. He said, he never has more than one or two clients at his office. He didn’t think that this would even be noticeable in any way. The impact on the neighborhood would be very minimum. It is a transitional zone, and he would certainly have respect for his neighborhood and he would certainly agree with staff recommendations in keeping with the neighborhood character. Vice-Chair Jaramillo called for any comments against this zone change request. Mr. Richard Whiteside came up. He said, he was not really opposed, but was not too clear on some issues so he just wanted to ask questions. He said, he’s never seen this done from residential to commercial. Is this some standard procedure? Since it’s all residential area, the maintaining interior of a residential area. Commissioner P. Jaramillo said, in Los Lunas we have many areas that are transitional and these changes are occurring and shifting from residential to commercial. We have considered a number of those in the past but we are just recommending these to council and we don’t know what action they will take. Commissioner T. Ulibarri said, we don’t have a standard procedure, our standard procedure is our zoning atlas, which have the rules and regulations that govern the body. We have applicants coming in but if it’s in conforming with our standards and regulations, it is acceptable. Commissioner F. Vigil asked if the Comprehensive Plan was on line and Ms. Ainsworth said, yes, it is. Ms. Kathryn Griego came up, she said, she came up to present about 6 or 7 other property owners living here. She said, she has lived in many other areas and it was very sad to see the Village of Los Lunas, a small community becoming more like Albuquerque or SantaFe,. The Village of Los Lunas is small and that is why she came back here only because it is a Village of Los Lunas. His ancestors lived here and she is really proud of this community and would like for it to remain that way. She said, she met the Williams and had nothing against them. She said, they are good neighbors, but she is just opposed to a commercial business located there. She said, there is so much violence going on today and she is afraid that if they ever sold or moved out some tattoo parlor or something of that type of business would move in. Ms. Griego stated she came in tonight representing 6 or 7 other neighbors because for some reason or other they were unable to be here. She said, if you want to make the whole string of town homes commercial, then that’s fine. Just let me know so I can think of selling mine as well, because currently they are all connected to each other. She just want to protect her property and the Village. She asked for the Commission to consider her comments. Commissioners called for anyone else who was for or against this request. Mr. Warren Henry came up, neighbor across and he said, he had no opposition whatsoever. He said, they have been here forever and they would be a good asset to our community. There were no further comments. Mr. Williams came up again and said, recently the Council has adopted an ordinance or something to promote this idea of Live/Work as a way of attracting economic development to the community. It is a recognition that our relationship with our society is changing. Mr. Williams said, I think that this idea of letting this property be used as a low scale office is very consistent with the proper growth of this community. He said, he has lived here his whole life and wouldn’t want any outsider coming in and changing Los Lunas. Commissioner W. Baca asked Mr. Williams if he was buying this property? His reply was yes, he said, we have made an offer to purchase this, contingent upon getting the land use approval to do what they want to do. The property owners are Bob Anderson and Sandra Schauer. Mr. Williams said, if Council approves it, he said, he would even be willing to set conditions. For example: If they were to get killed, move or otherwise, there would be something binding to that and/or that it be returned to residential. He would make sure it would get recorded. He said, once this gets approved if it does, I can assure you, no one will ever see any activity there that would be any different than it is now. Commissioner F. Vigil asked where is there examples of limitations that can be placed? Christina said, for example: you could say that you would exclude any retail uses or automotive uses. These are some of the ones that could have a dramatic impact on the neighborhood. Commissioner P. Jaramillo said, C-l is not as broad anymore and Christina said, it’s intended to have low intensity uses. It’s pretty restricted for other retail businesses to go in there because they would require a lot more parking. Vice-Chair P. Jaramillo called for a motion from the commission. Unfortunately, this zone change cannot be reverted but conditions can be set. Commissioner T. Ulibarri said, sometimes our hands are tied to the issues that are brought to us. This seems to meet all the zoning qualifications. Commissioner T. Ulibarri made a motion to recommend to Council approval of the zone for Lot E-l, Mondel Patio Villas Subdivision, MRGCD Map 73, from R-3 to C-I in order to convert the property into a law office. I would like to recommend to Council that this be considered. I think it’s great that Mr. Williams has agreed to maintain it strictly as a law office and not expand to anything larger. Commissioner F. Vigil said, he wished to abstain from voting due to his relationship to the applicant. Vice Chair P. Jaramillo seconded the motion with the conditions as stated by Commissioner Ulibarri, with the findings as presented by Staff, this is a transitional area and also with the conditions that Mr Williams has agreed to maintain this as a low key law office. Everyone else voted yes, motion carried for recommendation to Council. ITEM 3- APPROVAL OF MINUTES — March 6, 2013 Chairman S. Williams called for a motion to approve the minutes March 6, 2013. Commissioner W. Baca made a motion to approve the minutes for March 6, 2013 as presented. Commissioner S. Williams seconded the motion. Everyone voted yes, motion carried. ITEM 4- DISCUSSION Community Activity Report Christina Ainsworth gave a brief update on the Apple Bees Business and — other businesses possibly coming in. She also gave an update on the hospital. Code Enforcement Issues Christina also gave an update on issues such as the violations & — condemnation of abandoned homes and what code enforcement officers are doing. ITEM 5- ADJOURNMENT Chairman S. Williams called for a motion to adjourn. Commissioner W. Baca made a motion to adjourn. nimiss ner P. .jara illo seconded the motion. All voted yes, motioji-carried. * teph nie Williams, ChiThian Terry jjWarri, Commissioner - Phillip Jaramillo, Commissioner alter Baca, Commissioner ED