Village of Los Lunas Planning & Zoning Agendas

MINUTES PLANNING & ZONING MEETING December 16, 2015 The Village of Los Lunas Planning & Zoning Commission met in their regular session on Wednesday, December 16, 1915 at 6:00 pm in the Village Council Chambers. Members present were as follows: Commissioner David Crawford, Stephanie Williams & Frank Vigil. Commissioners T. Ulibarri & Walter Baca were absent. Staff members present were Christina Ainsworth, Community Development Director, Erin Callahan, Special Project Planner & Marie Marquez, Recording Secretary. Members of the public present were as follows: Robert Stubbs, Brenda Garcia Stubbs, Jim Rickey & Mary Strickman. 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 F. Vigil made a motion to approve the agenda, Commissioner D. Crawford seconded the motion. Everyone voted yes, motion carried. SWEARING OF PARTICIPANTS AGENDA ITEMS: MASTER PLAN AMENDMENT - Huning Ranch Master Plan ITEM 1 — MASTER PLAN AMENDMENT — Huning Ranch Master Plan (Tabled from 11/18/15 & 12/2/15) Chairman S. Williams introduced Item 1- Chairman S. Williams went on to clarify that Item I has been re-tabled due to the fact that parties had not reached an agreement on the particular points that needed to be clarified, discussed and negotiated. The Master Plan Amendment to the Huning Ranch Master Plan was rescheduled for December 16, 2015. Christina Ainsworth was called to present the item. She told the Commissioners that staff did meet with the representatives of the Home Owners Association on December 3 on how they could compromise the solution and they did come to an agreement. The main issue for the Village is the requirement for the conditional use permit which we feel is a burden not only for property’ owners, but for the staff in having to process a public hearing for an accessory structure. The compromise we decided on is to keep the language on the size and to come in for a permit if the size is exceeded based on the plan. It is different for each of the densities. For example, accessory structures over 100 sq. feet that currently require a conditional use permit would change to read, accessory structures in excess of 100 sq. ft require a regular building permit. This is different than what the building code reads, which is 200 sq. ft. We would still require that people come in with the approval of the Home Owners Association Architectural Review Committee before we issue a building permit and this is something that has always been done. We feel it’s a good compromise but it still provides an avenue for someone who has a different situation, to be able to request approval for a structure that’s a little bit larger, of course assuming that the Home Owners Association has approved it. Commissioner D. Crawford asked what about the existing residential structures? Christina said, obviously that is an issue and will continue to be an issue. The structures that are out of compliance will continue to be out of compliance, but their avenue for rectifying that will change. Our primary reason for wanting to make the amendment is because of the fact that a conditional use permit for an accessory dwelling is an excessive requirement. Christina said, if she had been here before she would have opposed that language in the plan. She said, this does not make sense to me, to have someone go through a public hearing process to build an accessory structure. She said, she does agree that because Huning Ranch has its own architecture, it has its own standards, it can have standards that are different to other areas in the Village. In this case it requires a building permit for a structure that’s a little bit smaller than what we require in other areas of the Village. As far as the Village is concerned, any of these people who have structures can come in and apply for a building permit, providing it is approved by Council tomorrow. They cannot be grandfathered in. Christina said, we always ask if they have gotten prior approval from their home owners association if they live in an area where there are restrictions. Commissioner F. Vigil asked what the process was for a building permit request and Christina explained it, she said, it requires 2 sets of plans and a form needs to be filled out, we require a two week period. Our building inspector will then go out and inspect the area and then approve or disapprove it. Mary Strickman came up and told the commissioners that after meeting with staff they feel they have come to an agreement where they feel comfortable with the compromise reached. Ms. Strickman said, they try to get the requests out within two weeks. She said, she has instructed the association to get letters out to all residents for all structures that Christina has identified that have not come through the association to get approval. Chairman S Williams asked if they think that with this amendment there is going to be some advertisement or some information put out that all residents will be aware of what’s going on. Ms. Strickman said, yes and there is also a meeting forthcoming. Chairman S. Williams told Ms. Strickman that she can’t force people to read the information but at least it will be out there. Chairman S. Williams said, this was a continuation of the meeting held on November 18, 2015, and this is a public hearing. She called anyone who would like to come up and speak in favor or against this amendment. Brenda Stubbs came up and told the commissioners that the size of the structures are still restricted to match what the Huning Ranch CC& R and are not consistent to the Municipal Code, is that correct? Christina read the new language: This is only in the higher density area, the sizes are different. Accessoiy uses and structures such as workshops, tool sheds and green houses are not to exceed 10 ft. in height. Accessory uses and structures in excess of 100 sq. ft. in area shall require a building permit from the Village of Los Lunas. Ms. Stubbs said she was confused because they have an auxiliary structure, the cabana, and it was not required to have a building permit because of the size, and now it’s required. Christina replied what happened is that the building official was applying the standards that are used in other areas of the Village, but this document has always governed the standards for Huning Ranch. The current standards require a conditional use permit for structures over 100 sq. ft. which would require an application and coming before this board to have it approved. This was an error on behalf of the Village. Christina said, even if the Village made an error we can retroactively require you to come in to whatever approval process you’re required. Ms. Stubbs said, she did not support this. She said the requirements for a structure should be consistent to any other neighborhoods in Village. Mr. Stubbs also came up and was quite upset. He said the proposed changes will give the right away to the homeowners association to continuously & nonstop harass them. They have had to deal with this for 5 years. He said that he came here hoping to live in peace live a good quality of life, and he hoped that this city government and board would allow him to do that. He said, it really bothers him that there is no clause about allowing some to be grandfathered in after 6 years. Mr. Stubbs asked, if I fill out that form for a building code and then it comes back denied, am I supposed to tear it down? Christina said, the only way it can be denied, is if it does not meet the standards in our building code in which case you would have the opportunity to modify it. The other reason we may not approve it is pending the approval of your homeowners association. We would not deny it, just hold it until approval is brought in. Commissioner F Vigil said, when you purchased the home in 2009, was this part of the purchasers agreement? Do you have something in writing? Ms. Stubbs said, yes. We have done everything they have asked. Commissioner F. Vigil asked that there needs to be mediation. Mr. Stubbs said, they have tried everything and has only been a nightmare. Jim Rickey, resident and board member of the home owners association came up and said, he reviewed the changes and was in support of the changes. Commissioner F. Vigil asked if all the other 100 or so residents aware of these violations. Christina said, she mailed letters to all the residents in the Huning Ranch area and has had only a handful of inquiries, just asking for clarifications. No further comments were received. She said, we have list of over 100 structures that exceed the 100 sq. ft. mm size for conditional use. We thought we would first try to resolve the issue we have which is the conditional use permit before we start enforcing the regulation. Commissioner F. Vigil asked Ms. Strickman what are you going to do with all the other 100 so called people that are in violation? She said, she has instructed the manager of the association to send letters out to all those on the list saying that the association has no record of approval for their accessory structure and have two choices either provide us a copy of approval or need to make an application to the ACC. She said, one of the first management companies had staff doing approvals without our knowledge or consent. Some may have approval so we are trying to clean up records. Commissioner F. Vigil asked Ms. Strickman if they had some kind of a clause that would allow people to ask for a variance. Ms. Strickman had no answer. She said, she did not know, she would have to check. He read some from other clauses from other associations. He said, that may be considered or encouraged for the future. Commissioner F. Vigil said, he did not think it made sense for the homeowners to come before the committee for a conditional use for the Village regulations. He made a comment that he didn’t think the municipal code is very clear, it seems that it has some conflicting verbage and it should perhaps be looked at in a workshop at a later date. Commissioner D. Crawford made a comment that considering that this is only a change in terms of what the village requires in terms of square footage, and it seems that it is an attempt to clean up the mess created by old misinformation. Commissioner D. Crawford made a motion to approve this amendment. Commissioner F. Vigil seconded the motion. Every one voted in favor of recommendation for approval. Motion carried. ITEM 2—APPROVAL OF MINUTES —Minutes of December 2,2015 Chairman S. Williams called for a motion to approve the minutes for December 2, 2015. Commissioner F. Vigil made a motion to approve the minutes as presented. Commissioner D. Crawford seconded the motion. Everyone voted yes, motion carried.  ITEM 4-DISCUSSION Community Development Activity Report — A. Community Development Activity Report —Christina told the commissioners that our zoning ordinance needs to be updated. One of the things she plans to do in 2016 is look for a grant to do a complete overhaul of the zoning ordinance. Christina also gave the Commissioners an update on the Merillat Building. She told the Commissioners that there are still 2 major companies interested in the purchase of the building. B. She also said, Planet Fitness came in with a building permit already next to Buffalo Wild Wings. C. The preliminary plat application for the Fiesta came in. So you will see that in January. Code Enforcement - Elm trees and weeds were noted as an issue on vacant lots within the Village. Las Brisas for one. ITEM 4- ADJOURNMENT Chairman S. Williams called for a motion to adjourn. Commissioner F. Vigil made a motion to adjourn, Commissioner D. fordconde:.Everone voted yes, motion passed. Walter Baca, Commissioner (Absent) Terry Ulibarri, Commissioner