Village of Los Lunas Planning & Zoning Agendas

MINUTES PLANNING & ZONING MEETING June 19, 2013 The Village of Los Lunas Planning & Zoning Commission met in their regular session on Wednesday, June 19, 2013 at 6:00 pm in the Village Council Chambers. Members present were as follows: Commissioners Stephanie Williams, Terry Ulibarri, Frank Vigil & Walter Baca. Commissioner P. Jaramillo was absent Staff members present were Christina Ainsworth, Community Development Director, Josie Navarrette, Code Enforcement Officer and Marie Marquez, Recording Secretary. Members of the public present were as follows: Ambrose R. Chavez, Helen G. Raff, Jim Rickey, Sharon Taylor, Dolores C. Cano, Armando Cano & Mary A. Tafoya. The Meeting was called to order by: Chairman Stephanie Williams APPROVAL OF AGENDA Chairman S. Williams called for any changes or additions to the agenda. Christina Ainsworth asked that Item 3 be postponed until the next meeting. Chairman S Williams then called for a motion to approve the agenda with one amendment. Commissioner W. Baca made a motion to approve the agenda as presented. Commissioner F. Vigil seconded the motion. Everyone voted yes, motion carried. SWEARING IN OF PARTICIPANTS AGENDA ITEMS: ZONE MAP AMENDMENT HELEN RAFF - COMPREHENSIVE PLAN UPDATE ITEM 1- ZONE MAP AMENDMENT - HELEN RAFF Chairman S. Williams introduced Item I, Zone Map Amendment by Helen Raff. The action requested of this commission is to have a public hearing and send recommendation to Council for approval or disapproval. Christina Ainsworth was called to present the application submitted by Helen Raff. She said, the first item on the agenda is a zone change at 728 Rivas Rd. The request is a zone change from R-1 to C-l and R-2. A map of the property was shown on the screen. The property is on Los Lentes and Rivas. She said, there are some existing buildings on the property to the rear. The request is to change the zoning to C-I on the front and the back of the property to remain R-2 to allow for the existing residential use. Currently, the survey that was provided shows a single piece of property. It will have to be rezoned to do the split, if it is approved, then they will have to come in and do the lot split. Both properties will be in compliance with the comprehensive plan. Ms. Ainsworth told the commission there was letters of opposition received from one of the nearby property owners living out of town. He did send an agent to represent him. Chairman S. Williams had another letter sent in from Antonio Gabaldon 736 Los Lentes who is also in opposition and , Mr. & Mrs. Perez who live in Fort Mount, Texas also opposed. Ms. Ainsworth said, currently the entire lot is R-l and what they are requesting is a split zoning. They want to rezone the front lot to C-I and the back lot to R-2. Chairman S. Williams called on Ambrose Chavez, Agent for Helen Raff. Chairman S. Williams stated Ambrose R. Chavez, agent for Helen G. Raff, personal representative for the estate of Theodore L. Raff has applied for a zone atlas amendment from R-I to C-I and R-2 for Tract 80A-2 Map 69 MRGCD consisting of 1.25 acres. Mr. Chavez told the commissioners that when the property was listed, it was being sold as commercial and when it was checked it was only R-l. There is already a legal description for the back lot and there is financing already for the apartments only. After checking it, it was never recorded and currently there is a mortgage on the back lot. However, when it comes to refinancing & selling it, it must be zoned accordingly. So, what is needed is to have the apartment duplex zoned properly and the front lot zoned commercial. Currently there is no commercial enterprise plan at this time for that front lot. It just needs to be rezoned for future sale. Ms. Raff was called to the podium. She said, when her husband,Ted Raff passed on, the property was left in a trust for her and Mr. Raff’s children and in order to resolve or settle his estate his daughter who is listed in his estate wanted me to sell everything. So until Mr. Chavez started checking into the zoning on the property, she said, her husband had always told her it was commercial and now it was discovered that the zoning is incorrect. Currently, it has become a financial and hardship and she just wants it be properly zoned to comply with the zoning. Chairman S. Williams called on anyone wishing to speak for or against this request to come forward. Sharon Taylor, who resides on the property adjacent to Helen Raff opposed the change due to problems that may exist if the property changes to R-2 and commercial She said, currently, Helen is very good . about monitoring her renters, but there’s no telling what kind of businesses will be established on the commercial property. She said, their concerned how it would affect their property value, traffic increase, and the safety of the neighborhood. What if more apartments are built, and other drugs come in? These are her concerns. Dolores Cano, came up and stated she doesn’t live next to the property, but she said, her mother does, and she is here on behalf of her brother, Antonio Gabaldon who lives in Phoenix and was not able to make it. She said, her brother’s concern is if it can’t remain residential as it stands, why should they have to pay the consequences for the after math of having it changed to commercial. She said, it isn’t fair for the people that have lived there all their life to have someone come in and build apartment bldgs in the future, so high that blocks the view of the current residents living there. She said, her brother was totally against any change whatsoever. Ms. Mary Tafoya also came up. She owns the house her mother lives in, which is next to the property in question. She was also opposed to the change because she said, everyone living there is residential. She said, if you allow a commercial property of that acreage, the growth does not allow for additional traffic on Rivas Rd. currently, it’s hard right now, her mother’s house has been broken in several times. It takes a long time to get police out there. They have hit her mother’s gas lines, knocked down her mail box several times, and no one ever does anything about it. If you approve a commercial zone property, you’ve taken away all the pride we have all worked for and, we fear for the safety of the residents already living there. She said, all residents living in the area should have been notified. Chairman S. Williams told the audience that there are a set of rules that they must follow and only notif,’ residents within 100 ft. of properties in question. She assured members of the audience that there are ways of protecting the public and if it gets zoned commercial, they must meet with P & Z, a building permit is required and inspections are made. They must, comply with all rules and regulations. There were no further comments. Chairman S. Williams called for any further questions or discussions from the commission. Commissioner T. Ulibarri told the audience that he understands their concerns, but this committee has to look at zoning issues and he has no idea if Ms. Raff’s going to be able to sell this commercially or not. It is our duty to look at the required codes for zoning both business and residential. One thing he said that whoever buys this property must come in and comply with the rules and regulations of the city and they will have to allow for lighting, parking, fencing, drainage, etc. It’s a hard situation but it would not be out of line to approve and would probably not be a very pleasant situation for residents already living in the area. Chairman S. Williams called for a decision from the commission. Commissioner W. Baca said, it meets with the Comprehensive Plan as reflected in the staff report and the recommendations given to us by staff. There is already a situation that an R-2 lot listed as R-l is being used as an R-2, so it needs to be fixed. Commissioner W. Baca then made a motion to recommend approval of this zone map amendment to council. Commissioner T. Ulibarri seconded the motion. Everyone voted yes, motion carried. ITEM 2-COMPREHENSIVE PLAN UPDATE Item was postponed for next meeting in July. ITEM 3- APPROVAL OF MINUTES May 15,2013 Chairman S. Williams called for a motion to approve the minutes for May 15, 2013. Commissioner T. Ulibarri made a motion to approve the minutes for May 15, 2013 with an amendment as presented. Commissioner F. Vigil seconded the motion. Everyone voted yes, motion carried. ITEM 4- DISCUSSION Community Activity Report update on Apple Bees Restaurant and Hospital — Code Enforcement Issues safety concerns with turning lane on hwy 314 - ITEMS- ADJOURNMENT Chairman S. Williams called for a motion to adjourn. Commissioner F. Vigil made a motion to adjourn. Commi •oner W. aca seconded the motion. All voted yes, motion cried Steph nie Williams, thairhan Ter1U9’rriommissioner Absent 5 Phillip Jaramillo, Commissioner/2 ‘waIter Baca, Commissioner Frank Vigil, Commne[