Village of Los Lunas Planning & Zoning Agendas

AGENDA PLANNING AND ZONING COMMISSION HEARING WEDNESDAY, 9/18/2019 6:00 P.M. CALL TO ORDER ROLL CALL OF MEMBERS APPROVAL OF AGENDA SWEARING IN OF PARTICIPANTS 1. ANNEXATION AND ZONE DESIGNATION Sheldon Greer of RESPEC, Acting Agent for Huning LLLP ACTION REQUESTED OF COMMISSION: To have a public hearing to recommend approval or disapproval of a request for an annexation and zone designation. BACKGROUND AND RATIONALE: Sheldon Greer, acting agent for Huning LLLP, has submitted for approval of Ordinance 446: An Ordinance Annexing Certain Parcels of Land, Tract 1, Lands of Huning Limited Partnership, Situated within the San Clemente Grant in Projected Sections 13 thru 16 and 21 thru 23, Township 7 North, Range 1 East, New Mexico Principal Meridian, Valencia County, New Mexico and Tract 2, Lands of Huning Limited Partnership, Situated within the San Clemente Grant in Projected Sections 13 thru 16 and 21 thru 23, Township 7 North, Range 1 East, New Mexico Principal Meridian, Valencia County, New Mexico, and further described in Exhibit A – Huning Ranch Business and Technology Park West. In addition, the applicant has requested a zoning designation of M-1 for the above referenced property with a certificate of non-conformance for an existing ranch with residences. 2. ORDINANCE REVIEW: Ordinance 448: Public Improvement District (PID) Village of Los Lunas ACTION REQUESTED OF COMMISSION: To have a public hearing to review and provide comments for a proposed Public Improvement District (PID) Ordinance.  BACKGROUND AND RATIONALE: Ordinance 448: An Ordinance Amending the Village of Los Lunas Code of Ordinances by Adding a New Title 19, Establishing a Title for Special Improvement Districts, and Establishing Application Procedures and Review Criteria for Public Improvement Districts 3. APPROVAL OF MINUTES – Minutes of 5/1/2019 4. DISCUSSION a. Community Development activity report b. Code Enforcement Issues 5. ADJOURNMENT  Village of Los Lunas – Planning and Zoning Staff Report Case No: 2019 Huning BP West Annexation / 19-2-R_Huning BP West Annex Application Type: Annexation and Zone Designation Planning and Zoning Hearing Date: 9/18/2019 Location: 421 Highway 6 Legal Description: PROPOSED TRACT 1, LANDS OF HUNING LIMITED PARTNERSHIP, SITUATED WITHIN THE SAN CLEMENTE GRANT IN PROJECTED SECTIONS 13 THRU 16 AND 21 THRU 23, TOWNSHIP 7 NORTH, RANGE 1 EAST, NEW MEXICO PRINCIPAL MERIDIAN, VALENCIA COUNTY, NEW MEXICO AND PROPOSED TRACT 2, LANDS OF HUNING LIMITED PARTNERSHIP, SITUATED WITHIN THE SAN CLEMENTE GRANT IN PROJECTED SECTIONS 13 THRU 16 AND 21 THRU 23, TOWNSHIP 7 NORTH, RANGE 1 EAST, NEW MEXICO PRINCIPAL MERIDIAN, VALENCIA COUNTY, NEW MEXICO Council District: District 2 FEMA Flood Zone: X Request: Annexation and Zone Designation Proposed Use: M-1 with a Certificate of Non-Conformance for existing ranch with residences Property Owner: Huning LLLP Representative: Sheldon Greer, RESPEC SURROUNDING ZONING AND LAND USE North: (Zoning)/(Use): Pueblo of Isleta/Vacant South: (Zoning)/(Use): C-1 / Vacant, Master Planned Residential – Sierra Vista and Huning Ranch East: (Zoning)/(Use): M-1 / Vacant, Facebook West: (Zoning)/(Use): S-U / Vacant, Central Rail Park, Village of Los Lunas Drainage Ponds NEIGHBORHOOD INPUT Notice of Public Hearing was mailed to all property owners within 100 feet of this proposed application for annexation on 8/29/2019. The Community Development Department has received no letters or phone calls in opposition of the request. The department has received one inquiry on the project. APPLICATION DESCRIPTION The applicant is requesting annexation for the purpose of industrial use. STAFF COMMENTS The Development Review Committee and LLFD Chief and LLPD Chief met on August 20, 2019. Staff had the following requirements and recommendations for the annexation petition: Annexation of territory is to include full parcels. Staff will require a Summary Plat Application be submitted and approved prior to the Village Council hearing. To avoid a delay in the required publishing of the Notice of Public Hearing and causing your scheduled hearing dates to be delayed, staff requires a proposed legal description for the parcels no later than 4:00 p.m. Thursday, April 22, 2019. In petitions of annexation, adjacent right-of-way must be included. Staff will require the railway be included in the annexation petition. It is the applicant’s responsibility to notify the owner of the railroad. Regarding the four parcels below the southwestern portion of proposed Tract 1, Village staff recommends those properties be included in the petition of annexation. The recommendation is to not further create pockets of parcels that are surrounded by Village of Los Lunas boundaries. It would be the applicant’s responsibility to contact property owners. Staff has identified at least two residences at the existing ranch. The Village will require a total count of residences at the ranch. Staff will require the private lane leading up to the residences be identified on the plat, named, and properly identified on site. With the approval of the plat and annexation, staff recommends the residences on the property be readdressed to Village and E911 standards. The Public Works Department requires that every well over 4 inches be identified on the plat. Please provide any applicable permits for the wells, if available. It is recommended that the non-conforming use of the cattle grazing be applied to the extent of the property identified, but the residential use will be limited to the location of the existing residences. Per §17.32.040 a nonconforming use may not be extended to additional building or to land outside the original building. In addition, §17.32.040 states that in the instances where the nonconforming use is that of a mobile home, the nonconforming use shall be extended to the life of that particular mobile home. The Community Development Department recommends the annexation based on the surrounding zoning, existing land uses, and desired future land use. Village of Los Lunas Comprehensive Plan Goals and Objectives All applications for conditional use permit shall demonstrate compliance with the following criteria: A. Goal: 1.9 – Allow and encourage appropriate commercial development in Los Lunas to create a stable and sufficient revenue source that will permit the Village government to perform necessary services. B. Goal: 4.2 – Continue to support a diverse mix of economic development and employment opportunities that balance social, economic and environmental values and goals.  This application is in conformance with the Village of Los Lunas Municipal Code. The Village of Los Lunas Municipal Code A. The application for conditional use permit should be in accordance with Chapter 17.16, Section 17.40.010 and Chapter 17.44 of the Municipal Code. B. An application for conditional use permit shall be submitted to the planning commission by filing a copy of the application with the administrator in the community development department. C. The planning commission shall issue or approve the requested application unless it concludes, based upon the information submitted at the hearing, that: a. The requested use is not permissive according to the Table of Permissible Uses; or b. The application is incomplete; or c. If completed as proposed in the application, the development will not comply with one or more requirements of this title; or d. The development as proposed will materially endanger the public health or safety; or e. The development as proposed will substantially injure the value of adjoining or abutting property; or f. The development as proposed would not be in general conformity with the land use plan, or other plan officially adopted by the council. (Ord. 276 [part], 2001) The application is in conformance with the Village of Los Lunas Municipal Code. Action on Conditional or Designated Use permits In considering whether to approve an application for conditional use or designated use permits, the authorizing board shall proceed according to the following format: 1. The permit authorizing board shall consider whether the application is complete. If no member moves that the application be found incomplete then this shall be taken as an affirmative finding that the application is complete. 2. The permit authorizing board shall consider whether the application complies with all of the applicable requirements of this title. If a motion to this effect passes, the permit authority need not make further findings concerning such requirements. If such a motions fails or is not made then a motion shall be made that the application is found not in compliance with one or more of the requirements of this title. 3. If the permit authority concludes that the application fails to comply with one or more requirements of this title, the application shall be denied. If the permit authority concludes that all such requirements are met, it shall issue the permit unless it adopts a motion to deny the application for one or more of the reasons set forth in Section 17.16.010(C)(4) through (C)(6). Attachments 1. Aerial Map 2. Buffer Map 3. Zoning Map 4. Future Land Use Map 5. Site Plan or other Exhibit as necessary  September 18, 2019 Annexation and Zone Designation Huning LLLP - Huning Business and Technology Park Source: Village of Los Lunas GIS Data, Valencia County GIS Data, 2018 MRCOG Ortho Imagery by the Atlantic Group. Aerial Map Legend HuningBPWestAnnex g 0 900 1,800 Feet 3,600  September 18, 2019 Annexation and Zone Designation Huning LLLP - Huning Business and Technology Park Source: Village of Los Lunas GIS Data, Valencia County GIS Data, 2018 MRCOG Ortho Imagery by the Atlantic Group. Legend HuningBPWestAnnex Zone_ A-R R-R R-1 R-2 Zoning Map R-3 M-H TOD-R g C-1 C-2 TOD-MU M-1 Feet S-U 0 900 1,800 3,600  September 18, 2019 Annexation and Zone Designation Huning LLLP - Huning Business and Technology Park Source: Village of Los Lunas GIS Data, Valencia County GIS Data, 2018 MRCOG Ortho Imagery by the Atlantic Group. (100 ft) Buffer Map Legend HuningBPWestAnnex HuningBPWestAnnex_Buffer g 0 900 1,800 Feet 3,600  September 18, 2019 Annexation and Zone Designation Huning LLLP - Huning Business and Technology Park Source: Village of Los Lunas GIS Data, Valencia County GIS Data, 2018 MRCOG Ortho Imagery by the Atlantic Group. Legend HuningBPWestAnnex FLU AG CO Future Land Use Map MF MU OS g PU SC SF TOD-MU Feet TOD-R 0 900 1,800 3,600  VILLAGE OF LOS LUNAS ORDINANCE 446 An Ordinance Annexing Certain Parcels of Land, Tract 1, Lands of Huning Limited Partnership, Situated within the San Clemente Grant in projected sections 13 thru 16 and 21 thru 23, Township 7 North, Range 1 East, New Mexico Principal Meridian, Valencia County, New Mexico and Tract 2, Lands of Huning Limited Partnership, Situated within the San Clemente Grant in projected sections 13 thru 16 and 21 thru 23, Township 7 North, Range 1 East, New Mexico Principal Meridian, Valencia County, New Mexico, and Further Described in Exhibit A – (Huning Ranch Business and Technology Park West). WHEREAS, A petition has been presented to the Board of Trustees of the Village of Los Lunas asking for annexation of territory contiguous to the Village of Los Lunas, New Mexico, that is described hereafter, by the owners of such territory sought to be annexed, and said Petition compiled with all of the provisions of the law; WHEREAS, such a Petition was accompanied by a plat or map showing the external boundary of the territory proposed to be annexed to the existing boundaries of the municipality; WHEREAS, The Village Trustees of the Village of Los Lunas have determined that the owners of the acreage in such contiguous territory have signed said Petition; WHEREAS, it is in the best interest of the Village of Los Lunas, New Mexico and in the best interests of the owners and inhabitants of such contiguous territory that it be annexed. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE VILLAGE OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO, as follows: Section 1. That pursuant to the provisions of law, the Board of Trustees of the Village of Los Lunas, New Mexico, by this Ordinance, does hereby express its consent to the annexation of the following described territory contiguous to the Village of Los Lunas, such land being situated in the County of Valencia, New Mexico and as described on a plat or map of territory attached hereto and incorporated herein as if fully set out and marked Exhibit “A”. Section 2. That a copy of this Ordinance, together with a copy of Exhibit “A” hereto of the territory so annexed, shall be filed in the office of the County Clerk of the County of Valencia, the County Assessor of the County of 1 Valencia, New Mexico, the office of the Secretary of State of New Mexico Department of Finance and Administration, and in the office of the Secretary of the New Mexico Taxation and Revenue Department. Section 3. That this Ordinance shall be effective five days after its publication by title and general summary of its subject matter as provided by law. Section 4. That this Ordinance and all proceedings leading to its passage, and all statements made by the Mayor, Council, Administrators and Employees of the Village of Los Lunas during said proceedings, shall not be construed, understood or interpreted to state, either expressly or implicitly, that the Village of Los Lunas is obligated to provide funding or support of any kind, or in any amount, for installation of water or sewer utilities, or any other infrastructure, to the areas described on the map for annexation which accompanies this Ordinance. PASSED, APPROVED AND ADOPTED by the Governing Body of the Village of Los Lunas this 10th day of October, 2019. APPROVED: _______________________________ Charles Griego, Mayor ATTEST: ___________________________________ Gregory D. Martin, Village Administrator 2  VILLAGE OF LOS LUNAS ORDINANCE 276-2019-1 An Ordinance Providing for the Change in Zoning of a Designated Area Within the Municipality of Los Lunas, County of Valencia, State of New Mexico. WHEREAS, RESPEC, acting agent for Huning LLLP, has applied for a zone designation of M-1, as shown in Exhibit A – Huning Ranch Business and Technology Park West, for the purposes of industrial use; WHEREAS, the Village of Los Lunas has established a procedure in Ordinance #276 to amend the Zoning Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE VILLAGE OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO, as follows: That the zone atlas amendment designating M-1 for Tract 1, Lands of Huning Limited Partnership, Situated within the San Clemente Grant in projected sections 13 thru 16 and 21 thru 23, Township 7 North, Range 1 East, New Mexico Principal Meridian, Valencia County, New Mexico and Tract 2, Lands of Huning Limited Partnership, Situated within the San Clemente Grant in projected sections 13 thru 16 and 21 thru 23, Township 7 North, Range 1 East, New Mexico Principal Meridian, Valencia County, New Mexico be approved based on the following findings: 1. The proposed zone change is in conformance with the Comprehensive Plan 2. The proposed use is in compliance with the Municipal Code PASSED, APPROVED AND ADOPTED by the Governing Body of the Village of Los Lunas this 10th day of October, 2019 APPROVED: _______________________________ Charles Griego, Mayor ATTEST: ___________________________________ Gregory D. Martin, Village Administrator 1  COMMUNITY DEVELOPMENT DEPARTMENT NOTICE OF PUBLIC HEARING The Los Lunas Planning & Zoning Commission will hold a public hearing at 6:00 p.m. on September 18, 2019 in the Village Council Chambers located at 660 Main St NW, Los Lunas, New Mexico to consider the following applications: ORDINANCE 446: AN ORDINANCE ANNEXING A CERTAIN PARCEL OF LAND OF PROPOSED TRACT 1, LANDS OF HUNING LIMITED PARTNERSHIP, SITUATED WITHIN THE SAN CLEMENTE GRANT IN PROJECTED SECTIONS 13 THRU 16 AND 21 THRU 23, TOWNSHIP 7 NORTH, RANGE 1 EAST, NEW MEXICO PRINCIPAL MERIDIAN, VALENCIA COUNTY, NEW MEXICO AND PROPOSED TRACT 2, LANDS OF HUNING LIMITED PARTNERSHIP, SITUATED WITHIN THE SAN CLEMENTE GRANT IN PROJECTED SECTIONS 13 THRU 16 AND 21 THRU 23, TOWNSHIP 7 NORTH, RANGE 1 EAST, NEW MEXICO PRINCIPAL MERIDIAN, VALENCIA COUNTY, NEW MEXICO, AND FURTHER DESCRIBED IN EXHIBIT A – (HUNING RANCH BUSINESS AND TECHNOLOGY PARK WEST). SHELDON GREER OF RESPEC, ACTING AGENT FOR HUNING LLLP, HAS APPLIED FOR A ZONE DESIGNATION OF M-1 WITH A CERTIFICATE OF NON-CONFORMANCE FOR AN EXISTING RANCH AND RESIDENCES FOR THE ABOVE-REFERENCED PROPERTY, FOR THE PURPOSE OF ALLOWING INDUSTRIAL USE. The Los Lunas Village Council will subsequently consider these applications at 6:00 p.m. on October 10, 2019, in the Village Council Chambers. The full agenda will be available no later than 72 hours prior to the scheduled meeting, on the Village website – loslunasnm.gov – and also posted at the Village of Los Lunas Council Chambers. Anyone wishing to comment on the item or receive more information may attend the public hearing; call the Village of Los Lunas Community Development Department at (505) 352-7658 or write to PO Box 1209, Los Lunas, NM 87031; or email the Planning Technician at walkers@loslunasnm.gov and Community Planner at ochoaa@loslunasnm.gov. Publish: August 29, 2019 Valencia County News Bulletin CHARLES GRIEGO GINO ROMERO PHILLIP JARAMILLO CRUZ MUÑOZ CHRISTOPHER S. ORTIZ GREGORY D. MARTIN MAYOR COUNCILMAN COUNCILMAN COUNCILMAN COUNCILMAN VILLAGE ADMINISTRATOR 660 MAIN STREET NW P.O. BOX 1209 LOS LUNAS, NM 87031 PHONE: (505) 839-3842 FAX: (505) 352-3593 www.loslunasnm.gov For Inquiries Please Call: (505) 864-4472 Account Number 1002618 Ad Proof/Order Confirmation Ad Order Number 0001459939 VILLAGE OF LOS LUNAS P.O. BOX 1209 LOS LUNAS, NM 87031 USA Ordered By Sonia M. Walker Customer Phone 5058393840 Joint Ad # Customer EMail walkers@loslunasnm.gov PO Number 1 Ad Cost $86.23 Sales Rep dklaus Tax Amount $7.17 Order Taker dklaus Total Amount $93.40 Payment Method Credit Card Amount Due $93.40 Payment Amount $0.00 Affidavits 0 Pick Up # Product News Bulletin Placement 0Legal Notices Ad Number 0001459939-01 Classification 0Government Ad Type 0 Legal Liner Sort Text HUNING BP WEST ANNEX Ad Size 1 X 120 li Color Run Date 08/29/2019 08/29/2019 WYSIWYG Content 8/23/2019 10:57:45AM Page 1 of 2 8/23/2019 10:57:45AM Page 2 of 2  Huning Limited Partnership Huning Limited Partnership Huning Limited Partnership PO Box Box 178 PO Box Box 178 PO Box Box 178 Los Lunas, NM 87031 Los Lunas, NM 87031 Los Lunas, NM 87031 Pueblo of Isleta Pueblo of Isleta Pueblo of Isleta PO Box 1290 PO Box 1290 PO Box 1290 Isleta, NM 87022 Isleta, NM 87022 Isleta, NM 87022 Mr. & Mrs. Darrel Huber Mr. & Mrs. Darrel Huber Mr. & Mrs. Darrel Huber 1220 Silva Rd 1220 Silva Rd 1220 Silva Rd Belen, NM 87002 Belen, NM 87002 Belen, NM 87002 Virginia L. Smith & Sandra Postel Virginia L. Smith & Sandra Postel Virginia L. Smith & Sandra Postel 430 W Highway 6 430 W Highway 6 430 W Highway 6 Los Lunas, NM 87031 Los Lunas, NM 87031 Los Lunas, NM 87031 Dennis V. Chavez Dennis V. Chavez Dennis V. Chavez 14 Dalies Rd. 14 Dalies Rd. 14 Dalies Rd. Los Lunas, NM 87031 Los Lunas, NM 87031 Los Lunas, NM 87031 Esther Flores Esther Flores Esther Flores 7 High Rd 7 High Rd 7 High Rd Los Lunas, NM 87031 Los Lunas, NM 87031 Los Lunas, NM 87031 Roy D. Mercer LLC Roy D. Mercer LLC Roy D. Mercer LLC 3211 Highway 47 3211 Highway 47 3211 Highway 47 Los Lunas, NM 87031 Los Lunas, NM 87031 Los Lunas, NM 87031 Greater Kudu LLC Greater Kudu LLC Greater Kudu LLC PO Box 178 PO Box 178 PO Box 178 Los Lunas, NM 87031 Los Lunas, NM 87031 Los Lunas, NM 87031 Rock and Rail LLC Rock and Rail LLC Rock and Rail LLC 3211 Highway 47 3211 Highway 47 3211 Highway 47 Los Lunas, NM 87031 Los Lunas, NM 87031 Los Lunas, NM 87031 Sierra Vista Los Lunas LLC Sierra Vista Los Lunas LLC Sierra Vista Los Lunas LLC 4400 Alameda NE Suite E 4400 Alameda NE Suite E 4400 Alameda NE Suite E Albuquerque, NM 87113 Albuquerque, NM 87113 Albuquerque, NM 87113  Valencia County Valencia County Valencia County c/o Gabriel Luna c/o Gabriel Luna c/o Gabriel Luna PO Box 1119 PO Box 1119 PO Box 1119 Los Lunas, NM 87031 Los Lunas, NM 87031 Los Lunas, NM 87031 Sonia Walker From: nancy@huningpartnership.com Sent: Tuesday, September 10, 2019 1:28 PM To: Sonia Walker; Erin Callahan Cc: 'Sheldon Greer' Subject: FW: BNSF within annexation area West of Los Lunas, NM Sonia and Erin, The response from BNSF regarding the annexation is included in this email. Nancy Schmierbach From: Reyna, Amanda <Amanda.Reyna@am.jll.com> Sent: Tuesday, September 10, 2019 11:36 AM To: nancy@huningpartnership.com Subject: FW: BNSF within annexation area West of Los Lunas, NM Hi Nancy, BNSF does not want to be included in the annexation. Best Regards, Amanda Reyna JLL - Rail Practice Group Territory: CA, NV, AZ, NM, UT 4200 Buckingham Road, Suite 110 Fort Worth, TX 76155 817-230-2628 direct amanda.reyna@am.jll.com Proud Partners of BNSF Since 2001 From: nancy@huningpartnership.com <nancy@huningpartnership.com> Sent: Thursday, August 22, 2019 3:59 PM To: Reyna, Amanda <Amanda.Reyna@am.jll.com> Subject: [EXTERNAL] BNSF within annexation area West of Los Lunas, NM Amanda, I mistakenly put Tracey’s name on the email I sent to yesterday. Sorry about that! The purpose of yesterday’s message and this one is to inform BNSF of an area of BNSF right of way West of Los Lunas, New Mexico that will be annexed into the Village of Los Lunas. A more detailed survey map than the one sent yesterday is attached that shows highlighted in RED the A.T. and S.F. Railway right-of-way that will be annexed into the Village with our application. It is a 200’ wide Right-of-Way extending from the northerly Right-of-Way boundary of New Mexico State Road 6 northeasterly to the northerly boundary line of San Clemente Grant as shown on the exhibit. If you are not the correct person to be receiving this notice, could you please forward it to the correct person and copy me. Thank you for your attention to this matter. Have a great Day! 1 Nancy Schmierbach, General Partner Huning LLLP PO Box 178 Los Lunas, NM 87031 Ph: 505-865-6251 Fx: 505-865-0455 nancy@huningpartnership.com<mailto:nancy@huningpartnership.com> <Annexation Plat with Railroad.pdf> One of the 2019 World’s Most Ethical Companies® Jones Lang LaSalle For more information about how JLL processes your personal data, please click here. 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If you are the intended recipient and you do not wish to receive similar electronic messages from us in the future then please respond to the sender to this effect. 2  COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM September 4, 2019 TO: Honorable Mayor and Village Council FROM: Erin Callahan, Community Development Director RE: PID ORDINANCE The Community Development Department has worked with Village bond counsel Jill Sweeney and Village Attorney Larry Guggino to develop this proposed Public Improvement District (PID) Ordinance, for review the Planning and Zoning Commission on September 18, 2019, and final decision by Village Council on October 10, 2019. The proposed PID ordinance was developed through review of other agencies’ PID ordinances. The Honorable Mayor and Village Council may recommend changes to any portion of the proposed PID ordinance; however, there are several sections noted below where Council may want to pay particular attention to whether they have recommended changes. Staff has selected viable options for each of the noted sections, and has noted options for change below. Section 19.04.010: General Provisions PIDs will not be approved to finance less than five million dollars The idea with a threshold amount is to only allow PID’s when sufficient infrastructure is going to be built, in order not to encourage a proliferation of PIDs in the Village with low infrastructure costs. Belen and Farmington both use $5 million as their threshold, while Rio Rancho uses $3 million. Village Council may determine a threshold for PID financing. Section 19.04.060: PID Board of Directors – Delegated Authority PIDs will initially be governed by a five-member board of directors appointed by the governing body in accordance with §5-11-9(A) NMSA 1978 which shall be composed of two full-time employees of the Village, two persons selected by the applicant with the approval of the governing body, and a fifth member selected by the other four members. Village Council can also act as the initial five-member PID board of directors, if Mayor and Council so decide. CHARLES GRIEGO GINO ROMERO PHILLIP JARAMILLO CRUZ MUÑOZ CHRISTOPHER S. ORTIZ GREGORY D. MARTIN MAYOR COUNCILMAN COUNCILMAN COUNCILMAN COUNCILMAN VILLAGE ADMINISTRATOR 660 MAIN STREET NW P.O. BOX 1209 LOS LUNAS, NM 87031 PHONE: (505) 839-3842 FAX: (505) 352-3593 www.loslunasnm.gov  COMMUNITY DEVELOPMENT DEPARTMENT Section 19.04.040: Application and Approval Process: Application fee of $30,000 This fee varies. Belen charges $25,000, Rio Rancho charges $30,000. Council may determine an appropriate fee. Ten thousand dollars ($10,000.00) of the application fee shall be nonrefundable. Belen has a non-refundable portion of $5,000, Rio Rancho has $10,000, and Albuquerque has $20,000. Council may determine a different non-refundable fee. Section 19.04.050: PID Operations and Debt Financing The applicant shall deposit with the PID a non-refundable administrative expense fee in the amount of five thousand dollars ($5,000). This non-refundable fee covers the administrative expenses of the formation, administration and operations of an approved PID, not the application review. Council may determine a different non-refundable administrative expense fee; other communities vary with this amount as well. Sincerely, Erin Callahan, AICP Community Development Director CHARLES GRIEGO GINO ROMERO PHILLIP JARAMILLO CRUZ MUÑOZ CHRISTOPHER S. ORTIZ GREGORY D. MARTIN MAYOR COUNCILMAN COUNCILMAN COUNCILMAN COUNCILMAN VILLAGE ADMINISTRATOR 660 MAIN STREET NW P.O. BOX 1209 LOS LUNAS, NM 87031 PHONE: (505) 839-3842 FAX: (505) 352-3593 www.loslunasnm.gov  VILLAGE OF LOS LUNAS ORDINANCE 448 An Ordinance Amending the Village of Los Lunas Code of Ordinances by Adding a New Title 19, Establishing a Title for Special Improvement Districts, and Establishing Application Procedures and Review Criteria for Public Improvement Districts WHEREAS, the Village of Los Lunas, New Mexico (the “Village") is a unit of local government under the laws of the State of New Mexico (the "State"); and WHEREAS, NMSA 1978 Chapter 5, Article 11 (the Public Improvement District Act) allows for the creation of Public Improvement Districts within municipalities in the State; and WHEREAS, the Village Council ("Council"), the governing body of Los Lunas, desires to establish application procedures for Public Improvement Districts, or PIDs, submitted to the Village. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE VILLAGE OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO THAT, TITLE 19 (SPECIAL IMPROVEMENT DISTRICTS), CHAPTER 19.04 (PUBLIC IMPROVEMENT DISTRICTS) OF THE MUNICIPAL CODE BE ESTABLISHED AND CODIFIED AS FOLLOWS: Chapter 19.04: Public Improvement Districts §19.04.010 – General policies. A. General use. PIDs should be utilized primarily in connection with the financing of infrastructure for development of residential projects, master planned communities or substantial commercial development and redevelopment. PIDs may also be utilized to provide an enhanced level of public infrastructure amenities and/or municipal services. In order to avoid inefficient use of the limited resources of the Village, unless otherwise agreed by the Council, PIDs will not be approved to finance less than five million dollars ($5,000,000.00). The Village’s approval of a PID shall be based on an applicant's demonstration, to the reasonable satisfaction of the Village, that the PID will provide benefit to the end-users of the PID-financed infrastructure or to the Village which would not otherwise be available, which benefit may include, without limitation, additional amenities, services, increased quality of development or pricing benefits. A master planned  development which has had a fiscal impact analysis which demonstrates that the cost of infrastructure delivery to the development will not have a net cost to the Village will be deemed to have met the end-user benefit requirements of the Village. Public improvements financed by a PID shall conform to applicable Village policies for development. Except as expressly agreed by the Village based upon its determination that Village-owned utilities will not be adversely affected, "stand alone" utilities which compete directly or indirectly with Village services shall not be financed through PIDs. Real property dedications and conveyances required by existing Village policies for development, growth management and conservation shall remain in effect notwithstanding the establishment of a PID. The Council may agree to participate in various projects depending on project type, location and cost when such factors have a clear benefit to the public. Public infrastructure proposed for the PID shall be concurred to by the Council and must be of the type specified in §5- 11-2(M) NMSA 1978 as amended, namely: 1. Sanitary sewage systems, including collection, transport, storage, treatment, dispersal, effluent use and discharge; 2. Drainage and flood control systems, including collection, transport, diversion, storage, detention, retention, dispersal, use and discharge; 3. Water systems for domestic, commercial, office, hotel or motel, industrial, irrigation, municipal or fire protection purposes, including production, collection, storage, treatment, transport, delivery, connection and dispersal; 4. Highways, streets, roadways, bridges, crossing structures and parking facilities including all areas for vehicular use for travel, ingress, egress and parking; 5. Trails and areas for pedestrian, equestrian, bicycle or other nonmotor vehicle use for travel, ingress, egress and parking; 6. Pedestrian malls, parks, recreational facilities and open space areas for the use of members of the public for entertainment, assembly and recreation; 7. Landscaping, including earthworks, structure, lakes and other water features, plants, trees and related water delivery systems; 8. Public buildings, public safety facilities and fire protection and police facilities; 9. Electrical generation, transmission and distribution facilities; 10. Natural gas distribution facilities; 11. Lighting systems; 12. Cable or other telecommunications lines and related equipment; 13. Traffic control systems and devices, including signals, controls, markings and signage; 14. School sites and facilities with the consent of the governing board of the public school district for which the site or facility is to be acquired, constructed or renovated; 15. Library and other public educational or cultural facilities; 16. Equipment, vehicles, furnishings, and other personally related to the items listed in this subsection; and 17. Inspection, construction management and program management costs. B. Cost and Expenses. Unless otherwise agreed by the Village, all costs and expenses incurred by the Village in connection with (i) its review of a PID application; and (ii) the formation of a PID shall be paid by the applicant through advance payments as provided  in this chapter. Costs and expenses incurred by the Village in connection with the application and formation of a PID shall not be a liability of the Village. Costs and expenses shall include the costs of services rendered by Village staff and services rendered by outside consultants who may be retained by the Village including, but not limited to, bond counsel, financial advisers, engineers, appraisers, tax consultants and attorneys, at the rates normally charged by those consultants. C. Reimbursement. If authorized by the PID, all or part of such advanced payments may be reimbursed to the applicant from a PID tax levy, PID assessments, PID revenues or PID bond proceeds, provided that such reimbursement shall be in conformity with federal law, state law and these guidelines. D. Construction or Finance of Improvements. Except as otherwise agreed by the Village, PIDs will construct or finance improvements on such terms with such persons as the PID board of directors determines to be appropriate, in accordance with §5-11-10(D) NMSA 1978, as amended. E. Cost of Administration and Operation. Unless otherwise agreed by the Village, all costs of administration and operation of the PID and the operation and maintenance of public infrastructure in the PID which has not been dedicated to and accepted by the Village, shall be the responsibility of the PID, the applicant, applicable homeowners' associations, or any combination of the foregoing, as may be acceptable to the Village and the PID. F. PID Boards of Directors—Delegated Authority. PIDs will initially be governed by a five- member board of directors appointed by the Council in accordance with §5-11-9(A) NMSA 1978 which shall be composed of two full-time employees of the Village, two persons selected by the applicant with the approval of the Council, and a fifth member selected by the other four members. The Council may, in accordance with the Public Improvement District Act (“Act”), delegate certain responsibilities of governance of PIDs to public officials employed by the Village. Day-to-day responsibilities of PIDs will be performed by outside personnel pursuant to a PID development agreement entered into pursuant to section 5-11-10(A)(2) NMSA 1978 or Village staff. In order to avoid confusion with other development agreements entered into by the parties with respect to real property within the Village, a development agreement entered into regarding the administration of a PID may be denominated as a “PID Development Agreement”. Each PID Development Agreement shall be in implementation of this chapter and upon execution by the Village and the applicant. In the event of a conflict between this chapter and the PID Development Agreement, the PID Development Agreement shall supersede this chapter. On a date not more than six years after the formation of a PID, in accordance with the Act, new PID board members shall be elected or the governance of the PID shall revert to five members of the Council. G. Self-Supporting—No impact on Village. Unless otherwise agreed to by the Village, PIDs shall be self-supporting with regard to financing, operations and maintenance, and Village funds will not be used for PID purposes. Notwithstanding anything contained in this chapter, neither the Village’s property, its full faith and credit nor its taxing power  shall be pledged to the payment of any PID obligation or indebtedness. The amount and structure of debt of a PID shall not have any direct negative material impact on the Village’s debt ratings with Standard & Poor's Corporation, Moody's Investors Services, Inc., Fitch Investor Services, Inc., or any other nationally recognized bond rating agency service then rating the Village’s outstanding bonds. H. PID development agreement—feasibility reports. The amount, timing and form of financing to be used by a PID shall be determined by the PID board based upon a project feasibility report and established by agreement of the Village, the PID and the applicant through a PID Development Agreement pursuant to Section 5-11-10(A)(2) NMSA 1978. §19.04.020 – Pre-application meeting with village staff. A. PID Pre-application with Village Staff. The Village has appointed a PID review staff, which shall be composed of the Village administrator, the Village finance director, the Village community development director, the Village public works director and the Village attorney, or successors in function to those Village officials. Potential applicants for a PID are required to meet with Village staff for pre-application meeting in order for the PID review staff to accomplish the following preliminary tasks: 1. Make an initial determination whether the proposed PID is consistent with the Village’s growth policies, land use and development policies, zoning and other applicable regulation; 2. Make an initial determination whether the PID applicant’s ownership interest, delegation of ownership rights or other legal control of the real property proposed to be included in the PID to have standing to submit a PID application; 3. Establish a proposed schedule for (i) The applicant's submittal of a PID application, (ii) Village PID staff review of the application for completeness, (iii) the Planning and Zoning Commission (the “Commission”) meeting for review and recommendation to Council, and (iv) Council meeting for consideration of and action on the application; and 4. Identify any related Village approvals that will be required to permit the PID, if approved by the Council, to construct the proposed improvements. B. Role of PID review staff. The determinations by PID review staff shall be of an advisory nature, for the purposes of assisting applicants in submitting completed applications with detail and information required to enable meaningful consideration by the Council. Staff determinations and recommendations shall be considered by but not be binding on the Council. §19.04.030 – Application contents. After the applicant has met with the Village PID review staff, the applicant may submit a PID application to the Village. Each application shall, at a minimum, contain the following: A. Legal description—Qualified Electors’ consent. A description of the proposed PID, including a legal description of its boundaries, identity and addresses of all persons or entities with any interest in the property and the names and addresses of any qualified electors, as defined in §3-1-2(K) NMSA 1978, who are located within the proposed PID boundaries. A current title report on the property shall be submitted as evidence of the names of persons or entities with any interest in the land. The applicant shall also submit a list of qualified resident electors provided by the county board of elections residing within the proposed PID boundaries. The application shall include evidence satisfactory to the Village of the irrevocable consent of the number of property owners and qualified electors required by the Act for the creation of the PID. B. General plan. A detailed description of the types of public infrastructure to be financed by the PID, including the estimated construction or acquisition costs of the public infrastructure projection of working capital needs, including adequate funds for repair and replacement of infrastructure, the annual operation and maintenance costs of the public infrastructure and the governmental approvals that will be required for both the public and private improvements to be constructed and operated. The description shall contain adequate information to establish financial parameters for the operation and financing of the PID as set forth in §19.04.050 of this chapter. C. Preliminary Financing Plan and Schedule. 1. An estimated project schedule for construction commencement and completion of (1) The public infrastructure; and (2) The private development, which shall include a financing plan for the public infrastructure, including both capital and operating/maintenance costs for all undedicated improvements undertaken by the PID. 2. The financing plan may include projections for a period covering (i) the expected term of existence of the PID; (ii) thirty (30) years following the creation of a PID property tax or special levy; or (iii) the bond payment date of any bonds issued by the PID, whichever shall be the longest. The financing plan should include (1) the estimated cost of improvements; (2) projected costs of maintenance after construction; and (3) a preliminary description of the improvements to be owned and maintained by the Village and the PID. D. Feasibility study. A financial feasibility study prepared by an independent professional with appropriate expertise for the entire project (or such phases of the project that are expected to be constructed during the term of the development), covering both the public infrastructure and the private development. The feasibility study should include: 1. An analysis of how the proposed debt financing, operation and maintenance costs, user charges and other PID costs will impact the ultimate end-users of the property; and 2. Specifically projected property taxes, property tax rates, special levies, special assessments, fees, charges and other costs that would be imposed on property in the PID, and analysis of potential the impact that such taxes, levies and charges will  have on marketability of the private development; comparison of proposed tax rates and charges in adjoining the similar areas outside of the proposed district. E. Appraisal. To the extent applicable to a request for debt financing, the applicant shall provide a current appraisal (the “MAI appraisal”) of the fair market value of the property within the proposed PID, including (i) The improvements to be financed by the PID; (ii) Other improvements being constructed by the applicant during the PID construction period, the completion of which is guaranteed by the applicant. The MAI appraisal shall be prepared by a person who is designated as a Member Appraisal Institute (“MAI”) and a certified general real estate appraiser (such person hereafter referred to as an “MAI appraiser”). The form and substances of the MAI appraisal shall be acceptable to the Village, in its discretion. F. Market Demand Study. To the extent applicable a market demand study for private development in the PID shall be prepared or reviewed and concurred in by an independent consultant acceptable to the Village. Such study shall include estimates of the revenue to be generated by the development and estimated market absorption of the development. G. Applicant financial information. A description of the applicant’s professional experience and evidence demonstrating its financial capacity to undertake the development associated with the public infrastructure and private development. Such information may be accompanied by audited, reviewed or at a minimum, compiled financial statements for the most recent three years and a description of past projects and disclosure of any material litigation. H. Draft Disclosures. An initial draft form of disclosure to prospective PID landowners which may be filed and recorded with the county clerk at the time of each sale of real property within the PID, describing the anticipated and maximum tax, special levy, assessment, charge, and any other financial obligation that is anticipated to be imposed on real property within the PID, which shall be subject to Village review and approval. I. Operating plan. A draft operating plan for the PID describing the operation and maintenance of the infrastructure and all other services in the PID, the estimated costs of the same, and whether operation and maintenance is proposed to be provided by the PID or the Village. J. Compliance Certificate. A certificate that the PID will comply with the Village’s current zoning requirements. K. Other information. Such other information as the Village may reasonably require after its initial review of the application, including preliminary legal opinions, further information regarding the relationship of the plan to Village's development objectives, additional proof of financial capability, business references, and term sheets for financing and financial  commitment letters. Following the application conference, the Village shall, within fifteen (15) days, provide as complete as practicable a list of additional information items needed. §19.04.040 – Application and approval process. A. Application submission. One print copy and one digital pdf version of an application for the formation of a PID and an application fee of thirty thousand dollars ($30,000.00) (the “application fee”) shall be submitted to the Village administrator. B. Application fees. The application fee shall be utilized by the Village for initial application review and project feasibility analysis, including the payment of the Village's financial and legal advisors, at their customary rates, to assist in the evaluation of the feasibility of the proposed PID project. Ten thousand dollars ($10,000.00) of the application fee shall be nonrefundable. The balance of the application fee shall be used by the Village in connection with its review of the application. If the applicant withdraws its application prior to the Village's completion of its application review, the Village shall remit the unused portion (if any), of the application fee (but not the nonrefundable ten thousand dollars ($10,000.00) portion) to the applicant. Upon the applicant's request, the Village will provide an accounting of expenditures of funds advanced. Any unused portion of advances shall be refunded to the application at such time as the Village determines that all costs and expenses have been paid. The Village and its legal consultants shall use reasonable efforts to determine whether any features of a PID proposed in an application appear not to be feasible, and to advise the applicant early in the review process, for the purpose of avoiding unnecessary additional costs of review. C. Post-application conference. After the application and the application fee has been submitted, the Village administrator, or designee thereof, will arrange a conference with the appropriate PID review staff for the purpose of reviewing the application and determining whether the application is complete. If, following the application conference or any other time during the application process, PID review staff requests additional information, the applicant shall provide any and all supplemental information requested, in accordance with the provisions of §19.04.030 (K). D. PID review staff report. After analysis of an application is supplemented, PID review staff, under the direction of the Village administrator, or designee thereof, will prepare a report including recommendations relating to the PID, an analysis of the impact of the formation of the PID and its effects on the Village. The report may provide a recommended disposition of the application and any additional requirements that are recommended in connection with the applicant and/or the PID. If all costs billed to or incurred by the Village have been paid by the applicant by a date at least fourteen (14) days prior to the date of the meeting of the Council at which the appropriate resolution(s) approving the application is to be introduced, and if the application meets the qualifications provided herein, the application, along with any report and recommendations by PID review staff, will be forwarded to the Council, along with drafts of the appropriate implementing resolution(s). E. PID development agreement. If the Council approves an application for formation of a PID, the applying applicant and the staff of the Village shall coordinate a schedule of events for the formation of the PID and shall negotiate an appropriate PID development agreement between the Village and the applicant which shall be entered into in connection with the formation of the PID which, if approved by the Council, shall incorporate the recommendations of the PID review staff relating to such PID, and any other restrictions, provisions and agreements required by the Village. F. Preliminary Approval. An applicant may request preliminary, nonbinding approval of its PID application by the Council (“preliminary approval”). 1. A request for preliminary approval will be considered following payment of the initial application fee and information such as the following: a. A description of the proposed PID's boundaries; b. A description of the improvements to be constructed by the applicant; c. The estimated construction costs of the improvements and anticipated completion time; d. A description, by category, of improvements and related costs to be financed by the PID; e. The estimated issuance amount of PID f. The total annual special levy amount (i.e., estimated aggregate annual debt service on bonds); and g. The maximum annual PID property tax or, in the case of a special levy, the allocation method and maximum special levy per dwelling unit (single- family residences) or per acre (multifamily and commercial), and method by which the levy will be allocated from bulk tract to finished lots. 2. The PID review staff report will advise the Council whether preliminary approval is recommended, not recommended, or that no recommendation is made. 3. Preliminary approval shall not require review by the Commission, and such approval shall be made by simple motion rather than by resolution. G. Additional Fees. An applicant that has received preliminary approval may be required to make such additional advances as the Village staff determines are necessary to pay the costs of reviewing the applicant's request for formal approval of the formation of the PID based on a PID development agreement within the meaning of the Act. However, an applicant may be required to submit an additional initial application fee if, in Village staff's determination, the application for formal approval of a PID departs substantially from the parameters set forth in the application for preliminary approval. H. Notice of Public Hearing. Pursuant to §5-11-4 NMSA 1978, no PID application shall be acted on without a duly noticed public hearing. The notice of public hearing shall be mailed by registered or certified United States mail, postage prepaid, to all owners of real property in the proposed district at least thirty days prior to the date of the hearing. In addition, notice shall be published once each week for two successive weeks in a newspaper of general circulation in the Village. The last publication shall be at least three days before the date of the hearing. The notice shall comply with requirements of Subsections B and C of §5-11-4 NMSA 1978.  I. Planning and Zoning Commission Review. The Commission shall issue a recommendation to Council on any PID application. This recommendation shall certify that the PID application has met the criteria established in §19.04.030 – Application contents, and shall note any comments or concerns regarding the PID application for Council’s review. The Commission shall review the PID application at a regularly scheduled bi-monthly Commission meeting. The Commission may review a draft of the PID application rather than the final version, if delaying the Commission review would cause the application review to exceed the 90 day review period described in 5-11-3(A) NMSA 1978. J. Approval of formation and PID financing. The Council may consider the granting of formal approval to the formation of the PID development agreement that may be approved prior to or concurrently with the approval of the formation of the PID. The Council may include in its approval of the PID formation the issuance of one or more series of PID bonds, subject to the terms and conditions of the PID development agreement. The Council’s approval of PID formation and issuance of bonds shall be conditioned on the requirement that the PID shall utilize bond counsel, underwriters and/or other consultants selected by or otherwise acceptable to the written approval by the Council. K. Extension of application review period beyond 90 days. In the event that the Village is unable to take formal action on the PID application within the 90 day review period described in §5-11-3(A) NMSA 1978, the developer will withdraw and resubmit its application with no penalty or additional fee. §19.04.050 – PID operations and debt financing. A. PID administration expense fee. In addition to the amounts set forth in §19.04.040 (B), upon formation of a PID the applicant shall deposit with the PID a nonrefundable administrative expense fee in the amount of five thousand dollars ($5,000.00). The administrative expense fee shall be applied by the PID to the costs and expenses incurred in connection with the formation, review of any feasibility study, election costs, administration, operation and maintenance of the PID or its public improvements. From time to time, upon depletion of the administrative expense fee, the PID may request, and the developer/landowner shall promptly deposit with the PID, additional amounts deemed by the Village to be necessary for the purposes contemplated in this section. Nothing in this subsection preclude the reimbursement of such expenses from PID taxes, levies, charges or bond proceeds, as permitted by the Act. B. Administration, operation and maintenance charge. In order to provide for the PID to be self-supporting of its administrative, operation and maintenance expenses, and to finance services in addition to those provided by the Village, the Village may condition its approval of a PID, on the PID's imposition of up to three dollars ($3.00) per one thousand dollars ($1,000.00) of assessed value ad valorem tax, not as tax or charge of the Village, but in accordance with the provisions of section 5-11-23 NMSA 1978, as amended, upon the PID  taxable property which is not Village-owned infrastructure otherwise maintained by the Village; provided, however, that to the extent permitted by law the PID shall be entitled to charge such rates, fees, and charges to property owners as are necessary to address any shortfall in the expense required to operate and maintain the PID's improvements, and that such rates, fees and charges shall be established in the development agreement for the PID. C. General obligation bonds. General obligation bonds of the PID will be payable from an unlimited valorem tax on taxable property located within the PID, designated by the general plan for the PID, as subject to the PID property tax, as required by the Act. 1. An applicant for general obligation bonds shall describe to the PID board of directors in a project feasibility report the following: a. The current direct and overlapping tax and assessment burden on the taxable property that is proposed to be taxed and the fair market value and assessed valuation of the taxable property as shown on the most recent assessment roll; b. The projected amount and timing of PID general obligation bonds to be used; c. The projected market absorption of the development within the PID; d. The effect of the PID bond issuance on PID tax rates, calculated as of the beginning, midway through and at the end of the marked absorption period or based on the phasing of the project to be financed, as applicable; e. An estimate of the applicant's construction costs associated with the public improvements, in excess of the estimated PID -funded costs of the project; and f. The necessity of the applicant and the PID entering into a contribution agreement, which may require a letter of credit or other third-party guarantee of the bonds by the applicant. 2. The value to lien ratio, after the issuance of the bonds and construction of the improvements to be financed by the PID, will be at least three to one based on an MAI appraisal. 3. The projected tax rate for debt service set forth in feasibility report shall be established in the PID development agreement, and may include provisions which (i) Limit the maximum tax rate that will be imposed by the PID for payment of debt service on PID bonds, (ii) Require a contribution agreement from the applicant for the payment of debt service in the event of a shortfall in revenue from the PID tax revenues projected in connection with, and all the time of, PID formation, or (iii) Establish, to the Village's satisfaction, other protection for homeowners or other end-users of the property located in the PID against excessive tax rates in the event that PID indebtedness exceeds PID tax revenues available to pay debt service in any particular year. D. Special levy bonds. Special levy bond shall be secured by a first lien (co-equal to the lien for general taxes and prior special assessments) on the property benefited in the manner contemplated by section 5-11-20(G) NMSA 1978.  1. Applicants for special levy bonds shall describe in each project feasibility report, the following: a. The current direct and overlapping tax and assessment burden and special levy on real property to comprise the PID and the full cash value and assessed valuation of that property as shown on the most recent assessment roll; b. The projected amount and timing of the PID special levy bonds to be issued; c. The projected market absorption of development on the PID; d. The projected special levy burden to be placed on the assessed parcels and the anticipated mythology of assessment; e. An estimate of the applicant's construction cost associated with the public improvements in excess of the estimated PID -funded costs of the project; and f. The necessity of the applicant and the PID entering into a contribution agreement, which may require a letter of credit or other third-party guarantee of the bonds by the applicant. 2. The value to lien ratio, after the issuance of the bonds and construction of the improvements to be financed by the PID, will be at least three to one based on an MAI appraisal. 3. At the time the PID is formed, the maximum allowable rate of special levy for residential property shall not cause the total tax and assessment obligation for such property, including projected ad valorem taxes, special levies and special assessments, to exceed 1.99 percent of the anticipated market value of residential property as determined by a then current MAI appraisal. The 1.99 percent shall include all known and authorized, but unissued debt and any other anticipated fees or assessments which may be imposed by the Village or special district on a property within the PID, i.e., special assessment districts, including the proposed maximum special levy, except service charges for utilities and refuse. E. Revenue bonds. Revenue bonds shall be payable from a PID revenue source. 1. An applicant for revenue bonds shall describe in each project feasibility report, the following: a. The current fee structure for comparable services or otherwise incurred by persons who would be responsible for paying the proposed rates, fees, and charges; b. The revenue source from which bonds will be payable. The Village reserves the right to require the applicant to produce such independently prepared feasibility studies or reports as it deems necessary to confirm the amount and availability of revenues; c. The projected market absorption of development within the PID; d. The projected amount and timing of PID revenue bonds to be issued; e. The financial impact of the proposed rates, fees, and charges on prospective residents or other users of such rates, fees and charges;  f. An estimate of the applicant's construction cost associated with the public improvements in excess of the estimated PID -funded costs of the project; and g. The necessity of the applicant and the PID shall enter into an as appropriate contribution agreement, which may require a letter of credit or other third- party guarantee of the bonds by the applicant. F. Suitability. The Village intends that the PID only have the power to sell the proposed bonds to suitable investors. If the proposed bond issue is not rated (either on its own merits or by the use of appropriate credit enhancement) in one of the three highest investment grade ratings issued by the Standards & Poor's Corporation, Moody's Investors Services, Inc., Fitch Investors Services, Inc. or any other nationally recognized bond-rating agency service, then the bonds must have minimal denominations of one hundred thousand dollars ($100,000.00) and be available for purchase and restricted with respect to resale to "Qualified Institutional Buyers" (as such term is defined in Rule 144A of the Securities and Exchange Commission) or to "accredited investors" (as such term is defined in Rule 501 of Regulation D of the Rules Governing the Limited Offering and Sale Securities without Registration under the Securities Act of 1933). It is the intention of the Village to have investor suitability achieved through the rating requirements set forth in the preceding sentence or the establishment of large minimum denominations (e.g., not less than one hundred thousand dollars ($100,000.00)) and, if the Village determines it is appropriate, covenants limiting secondary market sales of PID bonds through registered broker-dealers. Notwithstanding the restrictions pertaining to public sales and private placements of bonds set forth in this section, the restrictions may be modified or relaxed if other financing structures or features are presented which, in the sole discretion of the Council, provide other means to address investor suitability concerns. The minimum denomination requirements set forth above for the PID bonds which are initially issued without rating shall not continue to apply if the PID subsequently obtains a rating in one of the three highest rating categories as provided in this section. G. Contribution. At the time the PID is formed financial projections must demonstrate that the landowners shall provide over the life of the project at least twenty-five cents ($0.25) in infrastructure or community improvement (which may include, for example, dry utilities and other improvements for the benefit of the property owners within the PID, irrespective of whether such improvements are publicly or privately owned) for each one dollar ($1.00) of debt to be issued by a PID to finance public infrastructure purposes, except as otherwise determined by the Village in its discretion. The Village, in its discretion, may condition approval of PID formation on additional financing requirements, including, without limitation, the deposit of cash, or letter of credit (or similar credit facility) as security for completion of the infrastructure development. If agreed to by the Village or PID board, as applicable, in the discretion of the Village of PID board, infrastructure and community improvement constructed or acquired by the applicant prior to, contemporaneously with or subsequent to the formation of the PID may be included in calculating the applicants compliance with this subsection; provided, that no improvements which have not already been constructed or acquired shall be included in that calculation unless the completion of  the improvements is guaranteed or secured by an appropriate completion bond, cash deposit or other security acceptable to the Village or PID board, as applicable. H. Debt service reserve funds. If allowed by law (including any applicable federal laws relating to the tax-exempt status of the bonds), all bond issues may include a debt service reserve fund in an amount acceptable to the PID board. I. Environment Site Assessments. Unless otherwise provided to the Village pursuant to the other requirements prior to PID financing and acquisition by the PID or Village, the PID and Village will require an independent environmental report or assessment of any real property which will be dedicated to or otherwise owned, leased or operated by the Village or the PID and a proposed form or indemnity agreement with respect to all environmental law liability. J. Refinancing and refunding bonds. Refinancing and refunding of bonds issued on behalf of a PID will be considered utilizing the same criteria set forth in this section and shall be subject to the review and approval of the Council or its designee. Refinancing and refunding will be expected to either(1) Generate interest rate or net present value savings; (2) Restructure payment of principal; (3) Reimburse the applicant for actual costs expended for public improvements contemplated to be part of the proposed project; or (4) eliminate burdensome covenants. K. Cost of change. Applicants shall be responsible for all additional costs and expenses incurred in any special levy or property tax modifications resulting from changes to the development not anticipated in the application. §19.04.060 – Miscellaneous A. Discretion and waiver. Based upon the recommendations of PID review staff and/or financing legal consultants retained by the Village, the Council may approve the PID applications which do not meet the foregoing criteria, if the Council, in its discretion, determines that the particular features of the proposed PID, likelihood that the PID's projects and purposes will be successfully completed and mechanisms protecting against default on bonds, warrant that the foregoing criteria need not be applied. In making that determination, the Council may consider an opinion of an underwriter with a reputation satisfactory to the Council that the particular features of the PID, the proposed projects and the bonds proposed to be issued can be successfully marketed and that the plan of finance is feasible. B. Timeframe to commence PID development activities. The Village will require any PID within its boundary make an annual report to Council on the status of development. The report shall include the estimated construction periods for any and all infrastructure expected to be constructed within the boundaries of the PID. Annual reports shall be made at the first Council meeting of each calendar year. If construction has not begun prior to  the presentation of the fifth annual report, then Council may review the parameters established by the PID formation resolution. C. Purchaser disclosure—marketing materials. Each purchaser of real property located in the PID shall execute an acknowledgement of the PID disclosure form. The applicant shall also supply the Village with a copy of the receipt. (Applicants are required to describe in their promotional material the financial and other relative impacts on the development being induced in a PID. Copies of the disclosure form must be placed on file with the Village.) D. Indemnity. The applicant (or such other third party acceptable to the Village and the PID), shall indemnify the Village and the PID and their agents and employees and shall hold the Village and the PID and their agents, officers and employees harmless for, from and against any and all liabilities, claims, costs and expenses, including attorneys' fees, incurred in any challenge or proceeding to the formation, operation, administration of the PID, the offer and sale of PID bonds, the levying by the PID of any tax, assessment, special levy or charge and the operation and maintenance of public infrastructure financed or owned by the PID. E. Amendment. All amendments to this chapter shall have a prospective effect only and shall not in any way effect or otherwise modify the approval of preexisting PID. PASSED, APPROVED, SIGNED, AND ADOPTED THIS 10th DAY OF OCTOBER, 2019. __________________________________________________ Charles Griego, Mayor Village of Los Lunas ATTEST: __________________________________________________ Gregory D. Martin, Village Administrator Village of Los Lunas  COMMUNITY DEVELOPMENT DEPARTMENT NOTICE OF PUBLIC HEARING The Los Lunas Planning and Zoning Commission will hold a public hearing at 6:00 p.m. on September 18, 2019, in the Village Council Chambers located at 660 Main St NW, Los Lunas, New Mexico to consider the following item: ORDINANCE 448 AN ORDINANCE AMENDING THE VILLAGE OF LOS LUNAS CODE OF ORDINANCES BY ADDING A NEW TITLE 19, ESTABLISHING A TITLE FOR SPECIAL IMPROVEMENT DISTRICTS, AND ESTABLISHING APPLICATION PROCEDURES AND REVIEW CRITERIA FOR PUBLIC IMPROVEMENT DISTRICTS Additionally, the Los Lunas Village Council will hold a public hearing at 6:00 p.m. on October 10, 2019, in the Village Council Chambers located at 660 Main St NW, Los Lunas, New Mexico to consider this item for approval. The full agenda for this hearing will be available no later than 72 hours prior to the scheduled meeting, on the Village website – loslunasnm.gov – and also posted at the Village of Los Lunas Council Chambers. Anyone wishing to comment on the topic or receive more information may attend the public hearing, call the Village of Los Lunas Community Development Department at (505) 352-7659 or write to PO Box 1209, Los Lunas, NM 87031, or email the Community Development Director at callahane@loslunasnm.gov. Publish: August 30, 2019 Albuquerque Journal CHARLES GRIEGO GINO ROMERO PAULETTE SANCHEZ-MONTOYA GERARD SAIZ CHRISTOPHER S. ORTIZ GREGORY D. MARTIN MAYOR COUNCILMAN COUNCILWOMAN COUNCILMAN COUNCILMAN VILLAGE ADMINISTRATOR 660 MAIN STREET NW P.O. BOX 1209 LOS LUNAS, NM 87031 PHONE: (505) 839-3842 FAX: (505) 352-3593 www.loslunasnm.gov  Account Number 1009064 Ad Proof/Order Confirmation Ad Order Number VILLAGE OF LOS LUNAS 0001460445 PO BOX 1209 LOS LUNAS, NM 87031 USA Ordered By Sonia Walker Customer Phone 5058651377 Joint Ad # Customer EMail PADILLAI@loslunasnm.gov PO Number Quote Ad Cost $75.28 Sales Rep cwhite Tax Amount $5.93 Order Taker cwhite Total Amount $81.21 Payment Method Credit Card Amount Due $81.21 Payment Amount $0.00 Affidavits 0 Pick Up # Product Albuquerque Journal Placement 0Legal Notices Ad Number 0001460445-01 Classification 0Government Ad Type 0 Legal Liner Sort Text NOTICEOFPUBLICHEARINGTHELOSL UNASPLANNINGANDZONINGCOMMIS Ad Size 1 X 96 li SIONWILLHOLDAPUBLICHEARINGAT Color 600PMONSEPTEMBER182019INTHEV ILLAGECOUNCILC Run Date 08/30/2019 08/30/2019 08/30/2019 WYSIWYG Content 8/28/2019 2:40:30PM *Please note this confirmation is to be considered a quote and may be subject to change. Page 1 of 2 8/28/2019 2:40:30PM *Please note this confirmation is to be considered a quote and may be subject to change. Page 2 of 2  MINUTES PLANNING & ZONING MEETING WEDNESDAY, MAY 01, 2019 The Village of Los Lunas Planning & Zoning Commission met in their regular session on Wednesday, May 1, 2019, at 6:00 P.M. in the Village Council Chambers. Members present were as follows: Chairman Frank Vigil, Commissioner Andy Gomez, Commissioner Terry Ulibarri, Commissioner Billy Baca, and Commissioner Marcia Spencer. Staff members present were: Erin Callahan, Community Development Director; Sonia Walker, Planning Technician; and Cynthia Lavato, Recording Secretary. Members of the public were: Moises Gonzales, Ben Savocayne Nolde, Tammie Nolde, Sheldon Greer, Steve Hernandez, Cynthia Shetter, Joni Palmer, MuhammadHussain, Boney Mutabazi, Amye Cutlip. The Meeting was called to order by Chairman Frank Vigil APPROVAL OF AGENDA Chairman F. Vigil called for a motion to approve the agenda. Commissioner A. Gomez motioned to approve the agenda as presented and Commissioner B. Baca seconded the motion. All voted in favor and the motion carried. ITEM 1. SPECIAL USE AMENDMENT RESOLUTION 19-10 Sonia Walker approached the podium and presented Item-1: Resolution 19-1-R Special Use amendment of the Fiesta Area Plan in order to change certain density and dimensional regulations. The property has a legal description of Tract 1A1A1A1A Los Cerritos de Los Lunas Phase V, Tract 1A1A1A1A2 Los Cerritos de Los Lunas Phase V, Tract 1A1A1A1B Los Cerritos de Los Lunas Phase V, Tract A-1 Las Terrazas at Fiesta Subdivision Unit. The property is located in Council District 2. The proposed use is for single family dwellings in this master planned area. The property owner is Sivage Community Development LLC and Huning Limited Partnership LLC and is being represented by Sheldon Greer with RESPEC. The Surrounding zoning is as follows. To the north Pueblo of Isleta grazing land. To the south, SU and R-1 zoned property single family residential. To the east Valencia County Rural residential. To west M-1 zoning industrial and vacant land. Notice of the public hearing was mailed to all property owners within one hundred feet of the proposed application for a zone change on April 15, 2019, and published in the Valencia News- Bulletin on April 11, 2019. The Community Development received one email inquiring on the change and one person did submit an inspection of public records request for the draft plan. The applicant is requesting a special use amendment to allow zero lot line development and to reduce rear and side setbacks from five feet to three feet. The applicant did make a request right before the meeting for revisions to the text that refer to fire code compliance and to the definitions. The current area plan does allow for zero lot line residential structures that are attached in specific subdivisions. The current plan also allows for an accessory structure to be set back five feet from the rear and side property lines. The current builder, DR Horton, has made the decision to pull out of the project within this subdivision. This will leave the new developer more of an option to be more creative with the lots and to build single story homes that are more affordable. The Special Use Amendment would allow for zero lot lines development throughout the master-planned area and allow accessory structures to be set back three feet from the rear and side property lines. The Development Review Community met on April 02, 2019 and had no issues with the application as submitted. Staff review includes comments from the building inspector. He found no issues with the building regulations, the changes requested would not conflict with any building codes. The proposed revisions would allow construction of single-family homes at afforded rates. The Development Review Community does recognize that this is the type of development growth our community needs. The Community Development Department does recommend the Special Use Amendment based on the surrounding zoning, existing land uses, and desired future land use. Walker stood for question. Chairman F. Vigil asked if any of the Commissioners had any question. Chairman F. Vigil asked that since DR Horton was pulling out of the subdivision and a new builder was coming if this would allow them to build more affordable homes. S. Walked stated that it was to her understanding that this would allow them to have more creativity with the lots. Chairman F. Vigil opened up the floor to the applicant. S. Greer with RESPEC approached the podium and stated that since DR Horton has decided not to build any more homes in this community Sivage Homes is strongly considering building homes to provide a more affordable home on a smaller lot size with a new flair for this area. A normal build would have two five-foot setbacks on each side of the home with front door entry to the home. The new plan is to move the home back on the lot giving the homeowner a larger side yard with an entry to the home on the side and a wall that would architecturally integrate with the home. S. Greer stated that in reviewing the zoning, it does not have the specific language regarding a zero lot line home and so they are requesting an amendment to the original document that would allow them to build this type of product. They are also requesting to revise the language that states that a ten-foot separation must be between structures. The new document states that separation between structures shall be sufficient to meet fire code requirements. They want to amend the language to say structures shall be separated by fire code requirements. This matter was discussed with Adolph Lopez Code Enforcement Supervisor for the Village of Los Lunas. S. Greer said they were unable to find anything in our ordinance or fire code that would hold them to this separation. Greer stood for questions. Chairman F. Vigil asked Greer if they wanted to amend the Fiesta Area Plan to make the separating between the homes from ten-feet to five-feet. S. Greer stated they don’t want to specify a distance between the homes. Only that the structures must maintain a separation sufficient to fire code. Commissioner T. Ulibarri questioned if they were wanting the Village of Los Lunas to change the language and policy going forward or only for this project. S. Greer stated that the PUD was only for the Fiesta area. Commissioner A. Gomez asked if they knew what the price range on a new home is. S. Greer stated that Sivage wanted to keep them under $200,000. Commissioner B. Baca asked what the reason was for bringing the lot line closer and a firewall closer to the next dwelling. S. Greer stated bringing the homes closer together would allow for a detached garage with a circular drive into the home, giving something more appealing to the purchasers. Steven Hernandez of Development Managing Consultants and acting agent for Sivage Community Development, approached the podium and stated they were looking for more creative ways to keep the cost down for the consumer. By moving the homes to the lot line, it gives the homeowner more space for living with the ability for creative landscapes. Chairman F. Vigil asked Village Staff if the 30% still apply in the Fiesta Community as is stated in the current building code 17.48.030 Building Setback Requirements. Erin Callahan stated that the 30% does not apply in the Fiesta Community area now nor does it apply in any of the other master planned areas because the zoning is not R-1. The zoning is S- U and regulations are determined by the Fiesta Area Plan. Chairman F. Vigil asked if any of the Commissioners had any question. There were none. Chairman F. Vigil opened the floor to the public. Ben Savoca approached the podium asked if they moved the home over ten-feet to give it a ten- foot side yard as opposed to a five-foot. Wouldn’t that give more space between the homes? Wouldn't it be better to build townhomes? S. Greer said that if they attach two units, they are creating townhomes and giving them both ten-foot yards. This allows them to make the home five-feet wider with an attachment structure. They are wanting to build a detached product for the consumer who does like the townhome living. Chairman F. Vigil asked about street lights, road width, and placement of the driveways. S. Greer stated the garage will be along the property line and the driveway will be on the zero lot line side of the home. Street lights are shown on the plans and are placed on the corners and intersections. He was not able to give road widths at this time. Commissioner T. Ulibarri asked Greer to make it clear all that they were asking for since they made changes to the request before the meeting. S. Greer stated they are asking for zero lot line, detached accessory structures such are sheds, overhead awing, porch, etc. to be allowed to be moved from five feet to three feet, separation of structures, in general, to be per fire code instead of the ten feet, and they would like the text of some of the definitions the in documents to read more clearly. Commissioner T. Ulibarri asked E. Callahan if she has any issues with them adding in their third request without being publicized as part of the agenda. E. Callahan stated she does not see any issues of accommodating their request. It will be up to the commission if they have had enough time to review the request. Commissioner T. Ulibarri motioned to approved the Special Use Amendment that included, zero lot line detached, accessory structures be moved from five feet to three feet, separation of structures, in general, to be per fire code instead of the ten feet, and would like the text of some of the definitions the in documents to read more clearly. Chairman F. Vigil wanted it noted that the fire department there were no objections in their findings for the fire-code. Commissioner T. Ulibarri said he didn’t know if there were any findings in the fire code only that they needed to be in line with the code. Commissioner M. Spencer seconded the motion. Commissioner B. Baca voted yes, Commissioner A. Gomez voted yes, Commissioner T. Ulibarri voted yes, Commissioner M. Spencer voted yes and Chairman F. Vigil voted yes. All were in favor and the motion carried. ITEM 2 PRESENTATION: ROUTE 66 MUSEUM SPRING 2019 ACTIVITIES UNM students with the Master of Community and Regional Planning Program presented the proposed site plans and corridor recommendations for the Los Lunas Route 66 Museum. This item was for informational purposes only. ITEM 3– APPROVAL OF MINUTES – Minutes of April 17, 2019 Commissioner A. Gomez moved to approve the minutes as presented. Commissioner M. Spencer seconded the motion. Commissioner B. Baca voted yes, Commissioner A. Gomez voted yes, Commissioner T. Ulibarri voted yes, Commissioner M. Spencer voted yes, and Chairman F. Vigil voted yes. All were in favor and the motion carried ITEM 4 – DISCUSSION A. Community Development Activity Report: S. Walker reported that she attended the Governor’s Conference on Hospitality and Tourism hosted by the New Mexico Hospitality association. She reported that the Roads Less Traveled brand and efforts were mentioned three times during the event. Walker stated the upcoming Tourism Task Force meeting would be on May 13, 2019, at the Bosque Farms Library. B. Code Enforcement Issues: Nothing to report at this time. C. Council Updates E. Callahan reported that the Los Morros Minor Subdivision was approved by Village Council. They will hear the Fiesta Area Plan Special Use Amendment at the next Council meeting on May 9th, 2019. ITEM 4 – ADJOURNMENT Commissioner T. Ulibarri motioned to adjourn. Commissioner B. Baca seconded the motion. Commissioner B. Baca voted yes, all were in favor and the motion carried. The meeting adjourned at 7:23 pm. ______________________ _______________________________ Frank Vigil, Chair Terry Ulibarri, Vice Chair ______________________ _______________________________ Billy Baca, Commissioner Andy Gomez, Commissioner ________________________ Marcia Spencer, Commissioner