Village of Los Lunas Planning & Zoning Agendas

MINUTES PLANNING & ZONING MEETING JULY 1, 2015 The Village of Los Lunas Planning & Zoning Commission met in their regular session on Wednesday, July 1, 1915 at 6:00 pm in the Village Council Chambers. Members present were as follows: Commissioners, Terry Ulibarri, Stephanie Williams, Walter Baca & Frank Vigil. Commissioner D. Crawford was absent. Staff members present were Christina Ainsworth, Community Development Director & Nathaniel Feddes, Special Projects Planner & Marie Marquez, Recording Secretary. Members of the public present were as follows: Nancy Dodd, Peg Hennig, Vikki Engleman, Ronald W. Engleman, Lee Mandell, Rick Ingleman, Mary Ingleman, Katie Jiron, Jose Rodriguez & Ernest Cordova. The Meeting was called to order by: Chairperson 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 seconded the motion. Everyone voted yes, motion carried. SWEARING IN OF PARTICIPANTS AGENDA ITEMS: CONDITIONAL USE— Jose Rodriguez/Ernest Cordova ITEM 1 —CONDITIONAL USE —Jose Rodriguez/Ernest Cordova Chairman S. Williams introduced Item 1, Conditional Use application submitted by Jose Rodriguez/Ernest Cordova. The - property address is 225 Hwy #314 SW. The action requested of this commission is to have a public hearing to approve or disapprove the request for a Conditional Use. Nathaniel Feddes approached the podium to present the item submitted for Conditional Use. He said, Mr. Jose Rodriguez, agent for Ernest Cordova has applied for a Conditional Use Permit for S:28 T:7N, R:2E Map 73 TR lOB 1B2 Rev Lube & Oil, for the purpose of expanding business operations to provide general automotive services. Notices were sent to all property owners within 300 feet of the proposed property. To date Community Development Department has received no letters or phone calls in opposition to the request. It is staff recommendation to make a finding of conformance with the municipal code, and staff has found that the use as a general automotive repair & maintenance should adhere to the conditions pursuant to Chapter 17.44. 140. Supplementary Regulations. 1. All Activities shall be conducted with a completely enclosed building. 2. Storage is not to exceed 8 automobiles provided that the outdoor area, where automobiles are stored shall be enclosed by a solid wall or fence at least 6 ft. in height. 3. A ground area of 8 x 20 ft. shall be required for each vehicle to be stored. 4. All service stations will erect a solid masonry wall at least 6 ft. high between the activity and any contiguous residential use. Staff recommends approval of this Conditional Use request. Chairman S. Williams called for any questions from staff. There were none. Mr. Ernest Cordova, owner of the building approached the podium and gave a brief summary of the intent proposal for the Conditional Use request. He told the commissioners that this building had been used for mechanic work in the past. Mr. Rodriguez came up and told the commissioners that when he first submitted his application for a business of a tire shop, he failed to include auto repair and so, he would like to request approval for his business to include auto repair as well. Therefore, he had to request approval for a conditional use. He said, he was willing to comply with all the regulations set forth if the request gets approved. Chairman S. Williams asked, if he would be changing the style of the building? Mr. Rodriguez reply was no. Commissioner W. Baca translated the 4 conditions to Mr. Rodriguez in Spanish. Chairman S. Williams asked, Mr. Rodriguez if he understood the conditions that would be requested? He said, yes, he understood clearly. There were no further questions. There were no public comments for or against this Conditional Use request. Chairman S. Williams called for a motion to approve or disapprove this request. Commissioner T. Ulibarri said, that this building has always been used as a mechanic shop and there have been no complaints. Chairman S. Williams called for a motion to approve or disapprove this request. Commissioner T. Ulibarri made a motion to approve this Conditional Use with the 4 conditions that were explained to him in both English and Spanish. Commissioner W. Baca asked if motion could be amended to add staff recommendations, that would meet all requirements and the motion to approve. With that, Commissioner W. Baca seconded the motion. All voted yes, motion passed. ITEM 2—ZONE CHANGE — Nancy Dodd Chairman S. Williams recused herself from this item, due to close relations with both parties. She turned it over to Vice-Chair F. Vigil to run this item. The action requested of this commission is to have a public hearing to approve or disapprove the request for a Zone Change and submit recommendation to Council for final approval or disapproval. Nathaniel Feddes approached the podium to present the request submitted by Ms. Nancy E. Dodd, agent for the Nancy E. Dodd Living Trust. She has applied for a Zone Change for a Subdivision of the Land of Emilio and Violet Otero and A. Chavez. It is Tract: 2 2.O0AC Map 73 2001 B-5-28. The location is 412 Vallejos Rd. NE, The current zoning is R-l the future land use map is residential. The request is to change the zoning from RI to RR for the purpose of keeping agricultural animals. Notices of the public hearing were mailed to all property owners with 300 feet of the proposed property on June 5, 2015. Community Development Department has received one call requesting information of this request & 5 letters opposing this request. Staff’s recommendation is that this request is in conformance with the Municipal Code and Comprehensive Plan and recommends approval providing that the applicant adheres to the regulations regarding the appropriate open lot area, nuisance violations, and proper construction and maintenance of accessory buildings and structures set forth 17.44.060 in the Municipal Code. Vice Chair F. Vigil asked Nathaniel, if there were any other RRs in the area. Nathaniel pointed out the areas on the screen for the commissioners. There were no questions for staff. Vice-Chair F. Vigil called on the applicant to come up and give a summary of the proposed request. Nancy E. Dodd approached the podium she said, the property is a little more than 2 acres. She retired 8 years ago to help take care of the property she bought. She told the commissioners that the land was agricultural before when she bought it, and has made a lot of improvements on the property, the property has a vegetable garden, grape vines & fruit trees. Ms. Dodd said, she is selling the property, and the people who are buying it have two small children and their interest is to possibly have a horse or two so their children can ride as they get older. Their wish is for their children to have the same option as they had when growing up. ::;y property has plenty of land to have animal keeping, we have had chickens in past. She said, she spoke to .o. a Emilio Otero who live next door and they told her in the past there have been no questions about animal keeping. She said, “I think this is a reasonable request. Vice Chair F. Vigil asked the commissioners if there were any questions for the applicant? Commissioner T. Ulibarri asked what the size of the property was? Ms. Dodd said, over 2 acres. Commissioner T. Ulibarri asked Ms. Dodd what separated her property from the eastside residents? She said, a cinder block wall. Commissioner T. Ulibarri asked where the corrals would be? He said, he was raised in that setting and it doesn’t smell too pleasant. She said, the corral would probably be set up next to the RR tracks to the northside. She said, she spoke to the Otero’s who are next to her property and they have no objection. There were no further questions. She introduced the buyers for her property and asked them to briefly tell the commissioners their intent. Eric and Katey Giron told the commissioners that there intent is to buy two horses for their children to ride. Commissioner W. Baca asked Mr. Giron if he was going to grow alfalfa or haul in all the hay to feed the horses? Mr. Giron said, there is already pasture grass on that property. He would mow it and buy the hay. He was also asked what kind of barn he was going to have to house two animals, will the barns be enclosed, and will they have cement floors? Commissioner W. Baca said, you don’t want the manure stacking up. Vice-Chair F. Vigil called for anyone wishing to speak in favor of this request to come up. There was no one. He then called those who wished to speak against this request to come. Lee Mandell resident of Las Brisas and former president of HOA approached the podium. He told the commissioners, he was asked to speak on behalf of several residents. He said, the background of Las Brisas is agricultural. The land was acquired through a land grant and was handed down to the people with many children, who owned it were related to the gentleman who developed it and that’s when the zoning was changed and now it is residential, and it is to the east of the proposed property. Their concern is that if the zoning is changed with animals comes smell, odor, noise, flies, etc. He is requesting that this request be denied. He said, to the south of the property there are businesses coming in and would not be a place for rural farm land. Others who came up with the same concerns were as follows: Rick Ingleman also had the same concerns asked, if the zoning was approved if there would be a limit of animals. Christina said, conditions can be placed. Nathaniel read the ordinance which requires 10, 000 sq.ft for a cow or a horse, 4000 sq.ft. for pigs or sheep. Christina said, the owner is not required to keep animals in barn, but they must adhere to the building code requirements. Commissioner W. Baca asked if there was a ditch to irrigate this property. He was told there is a conservancy ditch. Rosemary Sanchez also came up and voiced her concern if the zoning is changed to RR how can we regulate where the owner can place the barn? Christina said, conditions could be set. Ronald Engleman who lives across the street from the homes that are backed up to the proposed property also came up and told the commissioners, he had not moved here to live on a farm. He said, people who wish to have animals should move to other areas surrounded by people who have animals. Vice-Chair F. Vigil asked the applicant how she would address all concerns about the odor, noise and smell? She said, there is a dairy on the southside about a mile and that smell comes all the way to the surrounding properties. She said, there could be an agreement as to where they should build their barn. She said, as for the noise the railrunner makes a lot more noise. There were no further questions. Nathaniel Feddes said, Ranching and Dairy Farming are permissible uses in an RR zoning. Community Development has found that the property’s location and surrounding areas have an appropriate setting to allow RR zoning. The neighborhood is comprised of larger lots that are required for this type of zoning. If agricultural animals are introduced to the property, the property owner must adhere to the regulations regarding appropriate open lot area, nuisance, violations, and proper construction and maintenance of accessory buildings. Vice-Chair F. Vigil called for a motion. Commissioner W. Baca made a motion to deny this recommendation to Council on this zone change from Ri to RR. The residents in the surrounding areas are objecting. He said, he didn’t think it would be appropriate at this time. Commissioner W. Baca also stated that they should of requested AR, since it’s a two acre lot, instead of RR. This RR was used a lot in the Los Lentes area where there was large pieces of land and people wanted to divide it amongst their children. There were no further questions. Commissioner T. Ulibarri seconded the motion to include Commissioner W. Baca’s comments. Everyone voted against it. Motion denied. ITEM 3- VALENCIA COUNTYNILLAGE OF LOS LUNAS JOINT AFFORDABLE HOUSING PLAN Chairman S. Williams introduced Item 3 Valencia County Village of Los Lunas Joint Affordable Housing Plan and the action requested of the Commissioner is to have a public hearing to review and recommend approval or disapproval to adopt the Affordable Housing Plan. Everyone was sent a draft copy to review, but Commissioner W. Baca did not receive his copy. Christina asked the Commissioners if they felt more time was needed to read it and understand it. They agreed, so Christina said, she would schedule a workshop for the Commissioners and the Council. Commissioner T. Ulibarri made a motion to table Item 3 and request a workshop with Council to allow more time for review. Commissioner F. Vigil seconded the motion. Everyone voted in favor to table the item. Motion carried. ITEM 4-ROUTE 66 SCENIC BYWAY CORRIDOR MANAGEMENT PLAN Chairman S. Williams introduced Item 4, The Route 66 Scenic Byway Corridor Management Plan. The action requested of this commission is to have a public hearing to review and recommend approval or disapproval to adopt the Route 66 Corridor Management Plan. There was discussion amongst the commissioners. Chairman S. Williams said, the prior public meeting that was held was a great public meeting. There was enthusiasm from the public, however, more motivation from the community is needed to make more things happen sooner. The plan identifies important properties to preserve. Commissioner W. Baca said, when he attended the first meeting he was told that grant money could be applied for, or perhaps the old country inn property could be purchased. He was also in favor of it. There was no public input for comments. Commissioner F. Vigil made a motion to approve The Route 66 Byway Corridor Management Plan. Commissioner T. Ulibarri seconded the motion. Everyone voted in favor to table the item. Motion passed. ITEM 5-ELECTION OF CHAIRPERSON Chairman S. Williams called for commissioners to elect a Chairperson for the year 20 15-16. Commissioner F. Vigil nominated Stephanie Williams as chairperson for the new year. Stephanie Williams accepted the nomination. Commissioner T. Ulibarri seconded the motion. Commissioner W. Baca made a motion to cease nominations and nominate Stephanie Williams by acclamation. All voted in favor. Motion carried. ITEM 6- ELECTION OF VICE CHAIRPERSON Commissioner W. Baca nominated Frank Vigil as Vice-Chair. Stephanie Williams made a motion to cease nominations and nominate Frank Vigil as Vice Chair by acclamation. Everyone voted yes, motion carried. ITEM 7- APPROVAL OF MINUTES — Minutes of June 3, 2015 - Chairman S. Williams called for a motion to approve the minutes of June 3, 2015. Commissioner F. Vigil had an amendment to the minutes. There were two amendments on Item 3 & 4. Commissioner T. Ulibarri made a motion to approve the minutes for June 3, 2015 with two amendments. Commissioner T. Ulibarri made a motion to approve the minutes with two amendments. Commissioner W. Baca seconded the motion. Everyone voted yes, motion carried. ITEM 8-DISCUSSION Community Development Activity Report Christina updated the commissioners about the issues at the new establishment — Buffalo Wild Wings. She said, everyone is really excited but there were some issues about the parking overflow going into the Motel parking lot next door. Commissioner T, Ulibarri said, he had heard about breakins in vehicles parked there. Christina said they haven’t been caught. She also told the commissioners that the council was in the process of purchasing the old County Inn property. She said, the plan is to make a museum and pubic parking for people wanting to visit the neighboring businesses and phase II would be to restore one of the two buildings to use as a visitors center. The home in the back would be left there for someone to monitor security. Christina also told the commissioners that there were a couple of interested manufacturers looking at the Merrilat building. One is seriously interested and looking into purchasing it. If that takes place, it will bring in about 1500 hundred jobs in aS yr. period. There is also activity in front of Home Depot. There will be a construction of a little shopping center there, as well as some potential developers for one of the pad sites by Lowes. There has been an increase in housing development. Code Enforcement Issues — None Nathaniel Feddes told the Commissioners that he had turned in his resignation letter and would be leaving the Village of Los Lunas. He said, he had enjoyed working with the P&Z and they in turn thanked him and wished him well. ITEM 9- ADJOURNMENT Chairman S. Williams called for a motion to adjourn. Commissioner W. Baca made a motion to adjourn, Commissioner T. Everyone voted yes, motion passed. Steph ie Williams, Chairman Frank V il i ioner (Absent) David Crawford, C missioner Walter Baca, Commissioner fl Terry Ulibarr Commissioner Li