Village of Los Lunas Planning & Zoning Agendas

MINUTES PLANNING & ZONING MEETING October 16, 2013 The Village of Los Lunas Plaiming & Zoning Commission met in their regular session on Wednesday, October 16, 2013 at 6:00 pm in the Village Council Chambers. Members present were as follows: Commissioner Stephanie Williams, Terry Ulibarri, Frank Vigil & Walter Baca. Staff members present were Christina Ainsworth, Community Development Director, Nathaniel Feddes, Planning Technician & Marie Marquez, Recording Secretary. Members of the public present were as follows: Martin J. Garcia, Martin J. Haynes & Scooter Haynes. 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. She then called for a motion to approve the agenda. 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 CHANGE - BILLY & REBECCA BACA ITEM 1- ZONE CHANGED - BILLY & REBECCA BACA Chairman S. Williams introduced Item I Application for a Zone Change submitted by Billy & Rebecca Baca. The purpose of this meeting is to have a public hearing to approve or disapprove the Zone Change. The background and rational are as follows: Billy & Rebecca Baca have applied for a zone change for a portion of Tract 24-b-2-b, MRGCD Map 72 from C-I to SU for the purpose of developing an RV Park. The location of said property is 244 Lujan Rd. The Community Development Department finds the zone change for use as an RV park to be consistent and compatible with current uses in the area. Chairman S. Williams called for staff to present the item. Nathaniel Feddes, Planning Technician approached the podium and presented the application for a zone change by Billy & Rebecca Baca. He posted the map on the screen and described the location and zoning in the area. Nathaniel said, most of the surrounding areas are currently zoned for commercial purposes. The notice of public hearing was posted in the newspaper, and notices were sent to all property owners within 100 feet. A number of phone calls were received and a few letters. He passed out copies to the commissioners of the two letters received in opposition of this zone change. One letter was from a managing member of Valencia properties of Mike Mechenbier. Another letter was received from another manager LLC, Martin Haynes. Nathaniel said, the Community Development Department states with this property that there are no specific regulations for an RV Park. He said, staff went through the table of permissible uses and found some comparable uses. What was decided was 1.430 as a use that would be used and categorized this property as a hotel/motel similar business. This allows that a special use would allow them an RV Park. Nathaniel told the commissioners that staff recommendation is to approve the zone change from C-I to SU. He was opened for any questions. Commissioner T. Ulibarri asked if it was already developed? Nathaniel said, there is some plumbing and electrical along with some maintenance pads that were developed before staff notification. He said, as most of you are aware of, our permitting process of electrical and plumbing must go through CID as opposed to the Village. Mr. Baca was called when the Village became aware of it, and was notified that he must seize any further developments before he could submit the development plan. Nathaniel told the commissioners that these trailer homes will be parked on a short term basis for a limit of 30 days. The calls received were from 2 people, one was just inquiring about the project and the other one showed no opposition, but then these two letters arrived. The engineer was called to come up to answer any further questions. Mr. Martin Garcia, agent came up and spoke on behalf of Billy & Rebecca Baca who were out of the country and could not be present. Mr. Garcia passed some packets to the commissioners. He said, the RV will have 8 spaces, the intent right now is have 4 of the spaces reserved for a 4 week term. The other 4 spaces are proposed for daily or a couple of days parking. Since it was not directly identified permissive use as per the regulations so they thought the most appropriate would be special use. The proposed use for the park is that there will be screening of tenants. They want to make sure that the park setup, will more of the positive sense than the negative sense. Some plans have already been submitted to staff for grading and drainage for utilities, etc. He said, Mr. Billy Baca had done a survey by visiting with adjoining businesses,to make sure their neighbors were not raising any big concerns over this project being proposed. Mr. Garcia told the commissioners the Bacas had looked at other uses for this property and thought this would be more feasible because of the size of lot. Another option was that, there isn’t another RV park in Los Lunas for overnight & short term parking. The site would be managed through their other business here in LL. Mr. Garcia, also told the commissioners there would be some landscaping in front and trees along the property line. There would be receptacles for trash and managed on a daily basis. There will not be additional lighting other than what’s on the RVs themselves. The commissioners also asked about the fencing? Mr. Garcia said, there is an existing fence along the west property line, but that’s the only solid fence close to the property. Commissioner F. Vigil asked if he thought this proposed development would injure the value of adjoining businesses? Mr. Garcia said, no because of the improvements there, as opposed to a piece of vacant land. The commissioners asked, why they didn’t go through the Village of LL first before any development started? Mr. Garcia said, it was just because of lack of knowledge or naive on Mr. Baca’s part, until the Village called Mr. Baca. Commissioner W. Baca asked about the surface of the park? Is it going to be paved or will it be graveled? Mr. Garcia said, it would be crusher fines as surfacing. He said crusher fines blends into the area more naturally than just dirt. It absorbs more moisture and allows the water to penetrate down and still gives you an all-weather surface, so you don’t have tracking of mud. The commission was concerned about the parking. Mr. Garcia said, there was ample parking and would not impact Lujan street. Chairman S. Williams then called on anyone who wished to speak for or against this proposed zone change. Mr. Scooter Haynes came up representing Valencia Plaza. He said, there is a letter in your file from Mr. Martin Haynes, Mgr. He said, Mr. Mike Mechenbier is the managing member of the properties who is part of the shopping center, but not associated with Valencia Plaza. They are opposed to this zone change. S. Haynes said, it does not meet the criteria as set forth in section l7.64.OlOC of the municipal code of the Village of Los Lunas. The RV Park is not directly addressed in the permissible use table and therefore, we are positioned that it is not addressed and allowed, and therefore, it could not be approved in this hearing tonite. Mr. Haynes said, we believe that it will not have good visual character and therefore it would injure the value of our property. He also stated that it would attract transit population. It is not consistent with that zoning in that area. There is only one piece of property that is residential across the street. The majority of the property in that area is C-l. Other issues were not in conformance which were: landscaping, parking, lighting, paving and fencing. Mr. Haynes commended the Bacas for trying to set up a screening process and run a Class A facility. He said, the SU zoning would pass to any future landlords so there is no guarantee that screening process for the operation of the RV Park would continue as a Class A Facility. This is also a significant concern to us as adjoining landowners. There was also a lack of letter of agency submitted by Mr. Garcia. Chairman S. Williams had a few comments to share. She said, prior improvements have already been done. Mr. Baca is a professional contractor and knows the rules about zoning, permitting, and obviously chose not to check things out before jumping into what he did. Chairman S. Williams said, in her opinion this is not the right place for this type of business. She asked the commissioners to think about it, when making the motion for recommendation to council. Chairman S. Williams called for any further comments for or against this zone change. Mr. Garcia said, regarding the lack of fencing, Valencia properties has no fences whatsoever around it either. Christina Ainsworth also made a comment that section 17.40.030 lists the permissible uses and those prohibited. When someone comes in, and their use is not listed we make a determination of a similar use. The SU zone requires a development plan, so if this property sold and wanted to change the use, they would have to come back to this committee, with the development plan. The next comment she made was the letter of agency. There was no letter of agency turned in however, the applicant did state on the application form who his agent was and the application is signed by the property owner so we consider that a legitimate assignment of agency. Also the RV renters would be subject to the Lodgers Tax, that would also be a revenue to the Village. The Commissioners were concerned about the limited amount of space to turn around since Lujan is a very narrow & busy road. Christina Ainsworth said, they could send a recommendation to Council with a tie vote. If the zone change is approved, they still have to come in and apply for a building permit and comply with all requirements. Chairman S. Williams called for a motion for approval or denial of this zone change. Commissioner W. Baca made a motion to send recommendation to council approval and, that the applicant must bring the zone change into conformance with the review criteria of the Village of Los Lunas. Commissioner T. Ulibarri seconded the motion. There was a tie vote. Commissioners W. Baca & T. Ulibarri voted for and Commissioner S. Williams & F Vigil voted against. It was a tie vote 2-2. It will be sent to Council for their approval or denial. ITEM 2- APPROVAL OF MINUTES - AUGUST 21, 2013 & OCTOBER 1, 2013 Chairman S. Williams called for any amendments to the minutes for August 21, 2013 and October 1,2013? Commissioner W. Baca made a motion to approve the minutes for August 21, 2013 with a small amendment in the spelling. Commissioner T. Ulibarri seconded the motion. Motion carried. Commissioner W. Baca then, made a motion to approve the minutes for October 1, 2013, Commissioner F. Vigil seconded the motion. Everyone voted yes, motion carried. ITEM 3- DISCUSSION a. Community Development Activity Report Christina reported the new businesses coming into the — Village such as the hospital, Apple Bees Restaurant and other businesses in the new commercial strip in front of Lowes. She also reported to the commissioners about the approval of the Comp Plan. b. Code Enforcement Issues —There were no Code Enforcement Issues ITEM 4-ADJOURNMENT Chairman S. Williams called for a motion to adjourn. Commissioner T. Ulibari made a motion to adjourn. Commissjner W. Bac seconded the motion. Everyone voted yes, motion carried. Walter Baca, Commissioner Vacancy