Village of Los Lunas Planning & Zoning Agendas

MINUTES PLANNING & ZONING MEETING August 21, 2013 The Village of Los Lunas Planning & Zoning Commission met in their regular session on Wednesday, August 21, 2013 at 6:00 pm in the Village Council Chambers. Members present were as follows: Commissioner Stephanie Williams, Terry Ulibarri, Frank Vigil & Walter Baca. Commissioners Phillip Jaramillo was absent. Staff members present were Christina Ainsworth, Community Development Director, Members of the public present were as follows: Mark Garcia, Patricia A. Garduno, Daniel Aragon & Voil Lattin. 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. Commissioner W. Baca made a motion to approve the agenda as presented. Commissioner F. Vigil & T. Ulibarri seconded the motion. Everyone voted yes, motion carried. SWEARING IN OF PARTICIPANTS AGENDA ITEMS: PETITION FOR ANNEXATION OF TERRITORY-MAAE Properties, LLC & Valencia County License Venture, LLC ITEM 1- PETITION FOR ANNEXATION OF TERRITORY- MAAE Properties, LLC & Valencia Co. License Venture, LLC Chairman S. Williams introduced Item I Petition for Annexation of Territory by MAAE Properties, LLC & Valencia Co. License Venture, LLC. She said, the action required of this commission is to have a public hearing and to approve or disapprove the petition of Annexation of Territory. Christina Ainsworth presented the background and rational of this item. The locations were pointed out on the screen for the annexation and zone change. The location is 3409 Hwy #47. Both were presented together but two separate actions are to be taken. All surrounding properties are commercial so it makes sense to zone this properties C-I as requested by the applicants. There is an existing building on the property as well as a parking lot. Notices were mailed to all property owners within 300 ft. There were a couple of inquiries received by staff regarding the case but no official opposition. It is in compliance with code and state statutes regarding annexation. It is a petition by the property owner, therefore, the department does recommend approval of the annexation as well as the request to change the zone. When it comes in, it comes in as AR and the department recommends that it be changed to C-i. Ms. Ainsworth was opened to any questions from the commissioners. The applicants were called to the podium to present their future plan for the property. Mr. Juan Garcia came up he , said, currently it is zoned commercial through the County, and right now there is some businesses operating in , there. A beauty salon & insurance office There were no further questions for Mr. Garcia. . Chairman S. Williams called for anyone wishing to speak for or against this zone change. Mr. Voil Lattin who lives directly behind the office came up. He said, this whole thing is great, but he is opposed to a liquor license. He said, he does not wish for a liquor store to be in his backyard. He said, the county had turned down the liquor license because of a church being there, but the liquor board over wrote the county ,but the church has relocated. The other piece of property adjacent to it may be ok if they move it down the road. Mr. Lattin said, he spoke to the liquor license board and they told him if two violations occur because of this liquor establishment, they would pull their license from that spot. He said, the planning department was not aware that this would be a full service liquor license establishment and not a liquor sales. Mr. Vigil asked Mr. Lattin the date when it was brought up to the Valencia Co. Planning & Zoning Board, he said about 3-4 months ago. Christina Ainsworth said, he was in my office and we had a lengthy conversation but the liquor license was only approved by the state not the county. This is a separate issue from the annexation. Mr. Daniel Aragon came up next and spoke on behalf of his sister PatriciaGarduno. He asked if there is limit as to how much property you can annex? Christina Ainsworth said, there is jurisdiction within 3 miles of our Village Limits. We are allowed to annex by property owner petition which are adjacent to our Village Limits and are within that extra territory. Mr. Aragon was questioning the parking and traffic issue. He said, it is very dangerous, the county couldn’t do anything with it, and now they want the Village to deal with it as well as the residents there. Mr. Garcia approached the podium to better explain what their intention was for the use of that property. He said, if we do place a business there we will have to go with the regulations of the city, and this will address all the problems of the parking, entrances etc. The city will not allow us to have a business if we don’t meet the regulations. Chairman S. Williams asked if they were going to have a restaurant there? Mr. Garcia replied, everything is up in the air right now. Mr. Garcia said, we really wanted to come into the city limits that was our intention. Commissioner T. Ulibarri told Mr. Garcia he was confused. He asked Mr. Garcia do you intend to come into town because Marcus Gallegos wanted it or is it because of the liquor establishment? Mr. Garcia told Commissioner Ulibarri we had a bar in Tome and after talking to the neighbors we figured it was not a good location to be in, and we wanted to update it a little bit so we decided to relocate into town. We really aren’t sure but we want to do something with that building. Patricia Garduno came up and told the commissioners that she owned the property directly south of the property being annexed. She is very much opposed to it because of the size of property and no room for backing up & parking. We just don’t want a bar there, she said. Christina said, the Village of Los Lunas has stricter rules and regulations so we would have better control of what goes on in that property. Commissioner T. Ulibarri said, we are not here for liquor license but for annexation. There were no further questions. Chairman S. Williams called for a motion to the Annexation for Suite A & B of Tract 19 & 20, MRGCD Map 72. Commissioner T. Ulibarri made a motion for the recommendation to Annex Suites A & B of Tract 19 & 20, MRGCD, Map 72 into the Village of LL based on staff recommendation & compliance with comprehensive plan & objectives & municipal code. Commissioner F. Vigil seconded the motion with the addition of the findings & goals of the comprehensive plan for the Village of LL. Everyone voted yes, motion carried. ITEM 2 — ZONE CHANGE — MAAE Properties, LLC & Valencia Co. License Venture, LLC Chairman S. Williams introduced the item a MAAE Properties, LLC & Valencia Co. License Venture,LLC have requested a zone change to C-I on Suite A & B of Tract 19 & 20 MRGCD Map 72. The purpose of this meeting is to have a public hearing to approve or disapprove the request of a zone change. Christina Ainsworth presented the item. She said, since the information had already been described and presented she just reiterated that this property comes in at the lowest density AR, and we always recommend zoning the property that’s annexed. She stated in the past they haven’t had separate items but procedurally we should have two items. The annexation is proposed first and then the zoning to follow. Chairman S. Williams said, since the property has been grandfathered in we can’t mandate to them the parking situation. Christina said, the uses that are coming in are permitted under the C-I. Notices were mailed out to all surrounding property owners, it was published in the newspaper. Chairman S. Williams then called for anyone who wished to speak in favor or against this zone change to come up. Mr. Lattin was a little confused and asked for an explanation. He said, if it’s grandfathered in he can bring in any , business he wishes? Christina said, right now it’s grandfathered in with the C-I uses already there, but if it’s a new use other requirements will be implemented. Currently, there is no liquor establishment there. Christina told Mr. Lattin to come in and see her during business hours and she would gladly explain the procedure and requirements of obtaining a liquor license. There were no further questions. Chairman S. Williams called for a motion. Commissioner T. Ulibarri said, right now we are not dealing with anything else but a zone change & annexation. Commissioner F Vigil made a motion that the zone change be changed toC-l on Suites A & B of Tracts 19 & 20 MRGCD, Map 72 based on the findings of the Village Staff and meetings of the codes. Commissioner W. Baca seconded the motion. Everyone voted yes, motion carried. ITEM 3—APPROVAL OF MINUTES- July 17, 2013 Chairman S. Williams called for approval of the minutes. Commissioner W. Baca made a motion to approve the minutes as presented. Commissioner T. Ulibarri seconded the motion. Everyone voted in favor, motion carried. ITEM 4- DISCUSSION a. Community Development Activity Report. Christina gave a report on the new business coming in Apple Bees. She said, a building permit has been granted and a liquor license has been issued. It will also require a waiver from the Council because there is a church in the small shopping center and it’s within 300 ft. Also, the Village has filed a law suit against the County and Belen because of the Mill Levy monies. A adjunction was also filed against the Village by Belen and that was dismissed by the Courts. She said, the other thing was a workshop for the Comp Plan was held last week and the Council requested we have another workshop to recruit more members of the public to attend. She will be scheduled real soon. b. Code Enforcement Issues — Car Wash by the River — weed problem ITEM 5- ADJOURNMENT Chairman S. Williams called for a motion to adjourn. Commissioner F. Vigil made a motion to adjourn. Commissioner W Bac seconded the motion. Everyone voted in favor, motion carried. tep me Williams, Chairman Terry Ulibarri, Commissioner Absent Phillip Jaramillo, Commi sioner Walter Baca, Commissioner Frank Vigil, ssioner