Village of Los Lunas Planning & Zoning Agendas

AGENDA PLANNING AND ZONING COMMISSION HEARING WEDNESDAY, 4/7/2021 6:00 P.M. Join to virtual meeting at www.loslunasnm.gov/pandzmeeting (Access Code: 182 976 0103 Password: pzhearing) or at 1-408-418-9388 (Access Code: 182 976 0103 Password: 79432746). CALL TO ORDER ROLL CALL OF MEMBERS APPROVAL OF AGENDA SWEARING IN OF PARTICIPANTS 1. SPECIAL USE AMENDMENT: 21-1- R 6 Edeal Rd SE Derrick Archuleta of Arch + Plan Land Use Consultants, acting agent for Virginia Otero ACTION REQUESTED OF COMMISSION: To have a public hearing to recommend approval or disapproval of a request for a special use amendment. BACKGROUND AND RATIONALE: Arch + Plan Land Use Consultants, acting agent for Virginia Otero, has applied for a special use amendment to rezone from MH to SU the property located in Subd: Land of Ed McCarty Tract: C2A2B (1.37 AC) & Tract C2B1 (0.73 AC) total 2.10 Acres Map 72, with a street address of 6 Edeal Rd SE, for the purpose of allowing a mobile home park. 2. ELECT PLANNING & ZONING COMMISSION CHAIR: Community Development Department ACTION REQUESTED OF COMMISSION: To elect a Planning and Zoning Commission Chair for the April 2021 – April 2022 term. 3. ELECT PLANNING & ZONING COMMISSION VICE CHAIR: Community Development Department ACTION REQUESTED OF COMMISSION: To elect a Planning and Zoning Commission Vice Chair for the April 2021 – April 2022 term. 4. PLANNING & ZONING COMMISSION AND OPEN MEETING ACT TRAINING: Community Development Department ACTION REQUESTED OF COMMISSION: Informational – To keep the Planning and Zoning Commission up to date on their powers and duties and on NM Open Meetings Act. 5. APPROVAL OF MINUTES – Minutes of 3/17/2021 6. DISCUSSION a. Council Updates b. Community Development activity report c. Code Enforcement Issues 7. ADJOURNMENT Fo rI nf or m at io nal Pu rp os es O nl y Fo rI nf or m at io nal Pu rp os es O nl y  VILLAGE OF LOS LUNAS COMPREHENSIVE PLAN GOALS AND OBJECTIVES All applications for zone change shall demonstrate compliance with the following criteria: A. Goal: 1.7: Implement zoning policies that achieve a desirable mix of different land uses and densities, preserve existing neighborhood character, and respect the rights of private property owners. 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 Comprehensive Plan. VILLAGE OF LOS LUNAS MUNICIPAL CODE y A. The application for zone change should be in accordance with §17.40.010 and Chapter 17.60 of the Municipal Code. nl B. An application for zone change shall be submitted to the planning commission by filing a copy of the application with the administrator in the community development department. O C. The planning commission or the council, respectively, shall issue or approve the requested application unless it concludes, based upon the information submitted at the hearing, that: es a. The requested use is not permissive according to the Table of Permissible Uses; or b. The application is incomplete; or os c. If completed as proposed in the application, the development will not comply with one or more requirements of this title; or rp d. The development as proposed will materially endanger the public health or safety; or Pu 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) al io n The application is in conformance with the Village of Los Lunas Municipal Code. nfor PLANNING AND ZONING OPTION Planning and Zoning may consider the following options and additional options that it identifies when reviewing the m application for zone change: at 1. Recommend approval of the application finding that the zone change is in conformance with the review criteria in the Village of Los Lunas Municipal Code as reflected in the staff report or other criteria that the staff identifies rIfrom the plan. 2. Recommend approval of the application with modifications to bring the zone change into conformance with Fo the review criteria in the Village of Los Lunas Municipal Code as reflected in the staff report or other criteria from the plan as identified by staff. 3. Deny the application finding that the zone change does not conform to the review criteria in the Village of Los Lunas Municipal Code as reflected in the staff report or other criteria identified from the plan by staff. Fo r PROPOSED SUMMARY PLAT In fo rm at io nal Pu rp ose s O nl y Fo rI nf or m at io nal Pu rp EXISTING OVER PROPOSED os es O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo rI nf or m at io nal Pu rp os es O nl y  COMMUNITY DEVELOPMENT DEPARTMENT nl y O NOTICE OF PUBLIC HEARING es os The Los Lunas Planning & Zoning Commission will hold a public hearing at 6:00 p.m. onApril 7, 2021 on the virtual platform Webex at www.loslunasnm.gov/pandzmeeting (Access Code: 182 043 7176 Password: pzhearing) and at 1-418-408-9388 (Access Code 182 043 7176 Password: 79432746) to consider the following application: rp Pu ARCH + PLAN LAND USE CONSULTANTS, ACTING AGENT FOR VIRGINIA OTERO,HAS APPLIED FOR A SPECIAL USE AMENDMENT FOR THE PROPERTY LOCATED IN SUBD: LAND OF ED MCCARTY TRACT: C2A2B (1.37 AC) & TRACT C2B1 (0.73 AC) TOTAL 2.10 ACRES MAP 72, WITH A STREET ADDRESS OF 6 al EDEAL RD SE, FOR THE PURPOSE OF ALLOWING A MOBILE HOME PARK. io n The Los Lunas Village Council will subsequently hear and decide this case at 6:00 p.m. on April 22, 2021, also on the virtual platform Webex. Visit www.loslunasnm.gov closer to the hearing date for logon nf information. or The full agenda will be available no later than 72 hours prior to the scheduled meeting, on the Village m website – loslunasnm.gov – and also posted at the Village of Los Lunas Council Chambers. Anyone at 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. rI Publish: March 18, 2021 Valencia County News Bulletin Fo 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 8703 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 0001511816 VILLAGE OF LOS LUNAS P.O. BOX 1209 LOS LUNAS, NM 87031 USA Ordered By Debra Sanchez Customer Phone 5058393840 nl y Joint Ad # Customer EMail walkers@loslunasnm.gov PO Number 1 Ad Cost $80.72 Sales Rep bchandler O Tax Amount Total Amount $6.71 $87.43 Order Taker Payment Method dklaus Credit Card es Amount Due Affidavits 0 $87.43 Payment Amount os $0.00 rp Pu Pick Up # 0001511322 Product News Bulletin Placement 0Legal Notices Ad Number Ad Type 0001511816-01 0 Legal Liner al Classification Sort Text 0Government NOTICEOFPUBLICHEARINGTH Ad Size Color 1 X 104 li io n ELOSLUNASPLANNINGZONING COMMISSIONWILLHOLDAPUBL ICHEARINGAT600PMONAPRIL7 2021ONTHEVIRTUALPLATFOR Run Date nfor MWEBEXAT 03/18/2021 03/18/2021 mat WYSIWYG Content rI Fo 3/12/2021 3:38:49PM Page 1 of 2  nl y O es os rp Pu al io n nformat rI Fo 3/12/2021 3:38:49PM Page 2 of 2  Head for the Beach Group of NM Head for the Beach Group of NM Head for the Beach Group of NM 6725 Academy Rd NE 6725 Academy Rd NE 6725 Academy Rd NE Albuquerque, NM 87109 Albuquerque, NM 87109 Albuquerque, NM 87109 21-1-R_6 Edeal Rd SE_SU Amendment 21-1-R_6 Edeal Rd SE_SU Amendment 21-1-R_6 Edeal Rd SE_SU Amendment Virginia & Mike Otero Virginia & Mike Otero Virginia & Mike Otero 12 Hob Rd 12 Hob Rd 12 Hob Rd Los Lunas, NM 87031 Los Lunas, NM 87031 Los Lunas, NM 87031 21-1-R_6 Edeal Rd SE_SU Amendment 21-1-R_6 Edeal Rd SE_SU Amendment 21-1-R_6 Edeal Rd SE_SU Amendment Johnny C & Sherry L Watson Johnny C & Sherry L Watson Johnny C & Sherry L Watson 1745 Main St SE 1745 Main St SE nl y 1745 Main St SE Los Lunas, NM 87031 Los Lunas, NM 87031 Los Lunas, NM 87031 21-1-R_6 Edeal Rd SE_SU Amendment 21-1-R_6 Edeal Rd SE_SU Amendment 21-1-R_6 Edeal Rd SE_SU Amendment O William C & Rebecca E Baca William C & Rebecca E Baca William C & Rebecca E Baca PO Box 2069 Los Lunas, NM 87031 PO Box 2069 Los Lunas, NM 87031 es PO Box 2069 Los Lunas, NM 87031 21-1-R_6 Edeal Rd SE_SU Amendment os 21-1-R_6 Edeal Rd SE_SU Amendment 21-1-R_6 Edeal Rd SE_SU Amendment NMDOT – District Three c/0 Margaret Haynes rp NMDOT – District Three c/0 Margaret Haynes NMDOT – District Three c/0 Margaret Haynes PO Box 91750 Albuquerque, NM 87109 21-1-R_6 Edeal Rd SE_SU Amendment Pu PO Box 91750 Albuquerque, NM 87109 21-1-R_6 Edeal Rd SE_SU Amendment PO Box 91750 Albuquerque, NM 87109 21-1-R_6 Edeal Rd SE_SU Amendment Rio Abajo Commercial Development LLC al Rio Abajo Commercial Development LLC Rio Abajo Commercial Development LLC 248 Whisper Ridge Dr Bigfork, MT 59911 21-1-R_6 Edeal Rd SE_SU Amendment io n 248 Whisper Ridge Dr Bigfork, MT 59911 21-1-R_6 Edeal Rd SE_SU Amendment 248 Whisper Ridge Dr Bigfork, MT 59911 21-1-R_6 Edeal Rd SE_SU Amendment nfor Los Lunas Riverfront LLC Los Lunas Riverfront LLC Los Lunas Riverfront LLC PO Box 359 Peralta, NM 87042 mat 21-1-R_6 Edeal Rd SE_SU Amendment PO Box 359 Peralta, NM 87042 21-1-R_6 Edeal Rd SE_SU Amendment PO Box 359 Peralta, NM 87042 21-1-R_6 Edeal Rd SE_SU Amendment Adrian M Armijo Adrian M Armijo Adrian M Armijo rI 8 Edeal Rd SE Los Lunas, NM 87031 8 Edeal Rd SE Los Lunas, NM 87031 8 Edeal Rd SE Los Lunas, NM 87031 Fo 21-1-R_6 Edeal Rd SE_SU Amendment 21-1-R_6 Edeal Rd SE_SU Amendment 21-1-R_6 Edeal Rd SE_SU Amendment Juan Adame Juan Adame Juan Adame PO Box 1358 PO Box 1358 PO Box 1358 Los Lunas, NM 87031 Los Lunas, NM 87031 Los Lunas, NM 87031 21-1-R_6 Edeal Rd SE_SU Amendment 21-1-R_6 Edeal Rd SE_SU Amendment 21-1-R_6 Edeal Rd SE_SU Amendment  NOTICE OF HEARING TO REZONE PROPERTY The Village of Los Lunas has received an application y requesting a Zone Change for this property. nl O The Village of Los Lunas Planning & Zoning Commission es will hear any and all comments concerning the proposed os rezoning on April 7, 2021 at 6:00 p.m. on the virtual rp platform Webex at www.loslunasnm.gov/pandzmeeting Pu (Access Code: 182 976 0103 Password: pzhearing) or call 1- 408-418-9388 (Access Code: 182 976 0103 Password: 79432746). al io n The Village Council will hear the recommendation of the nf Planning & Zoning Commission regarding the proposed orm zoning on April 22, 2021 6:00 p.m. on the virtual platform at Webex at www.loslunanm.gov/meeting. Visit loslunasnm.gov closer to the hearing date for logon rI information. Fo All persons have the right to appear at this meeting. For more information on this case, you may call the Community Development Department at (505) 839-3842. Refer to File Number 21-1-R Fo rI nf or m at io nal Pu rp os es O nl y Fo rI nf or m at io nal Pu rp os es O nl y Fo rI nf or m at io nal Pu rp os es O nl y From: Virginia Otero To: Sonia Walker Subject: Fwd: Mobile Home Park/6 Edeal Rd. Los Lunas, NM Date: Tuesday, January 12, 2021 11:08:46 AM Good Morning, Sonia Please see email from Peter Kubiak at DOT. Also, I will get back to you regarding a pre-app meeting as soon as I hear back from Derrick. Thank you, Virginia nl y Get Outlook for iOS O From: Kubiak, Peter, NMDOT <Peter.Kubiak@state.nm.us> Sent: Tuesday, January 12, 2021 6:26 AM es To: Virginia Otero Cc: Michael Jaramillo os Subject: RE: Mobile Home Park/6 Edeal Rd. Los Lunas, NM rp Virginia, Pu al It was nice speaking with you yesterday. As discussed NMDOT does not have any comments in reference to the Zone change for the existing mobile home park. The NMDOT does requests that all io access to and from the site is gained from Edeal Rd. No direct access to NM 6 is permitted at this n time. If you have any questions or concerns please contact me at your earliest availability. nf Peter J. Kubiak or Engineering Coordinator m 7500 Pan American Freeway N.E. P.O Box 91750 at Albuquerque N.M 87199 (505) 249-5718 C rI Peter.kubiak@state.nm.us Fo From: Virginia Otero <votero3@msn.com> Sent: Monday, January 11, 2021 3:01 PM To: Kubiak, Peter, NMDOT <Peter.Kubiak@state.nm.us> Subject: [EXT] Mobile Home Park/6 Edeal Rd. Los Lunas, NM Peter, Thank you for you for returning my call and answering my questions regarding my Mobile Home Park. Virginia Otero 505-916-6533 Sent from Mail for Windows 10 y nl O es os rp Pu al io n nformat rI Fo Fo rI nf or m at io nal Pu rp os es O nl y Fo rI nf or m at io nal Pu rp os es O nl y Fo rI nf or m at io nal Pu rp os es O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y Fo r In fo rm at io nal Pu rp ose s O nl y  MINUTES PLANNING & ZONING MEETING WEDNESDAY, MARCH 17, 2021 The Village of Los Lunas Planning & Zoning Commission met in their regular session on Wednesday, March 17, 2021, at 6:00 P.M. on WebEx's virtual platform. Members present were as follows: Chairman Andy Gomez, Commissioner Billy Baca, Commissioner Frank Vigil, Commissioner Marcia Spencer, and Commissioner Ben Romero. Staff members present were Erin Callahan, Community Development Director; Alex Ochoa, Community Planner; Sonia Walker, y Planning and Zoning Technician; and Dominique Biancardi, Recording Secretary. Members of the public present were: Peter Dodds, Pia Louchios, Linda Koch, Carol Vance, Judith Tanner, Bob nl Prewitt, Christopher Yates, Stan Strickman, Elaine Mailer, Jil Garcia, Myra Barker, Tessie Emond, O Kathie Teeter, Jim Rickey, Zia Telfair, David Darling, Hyrim Crooke, and Justin Simenson. There were also over 40 additional members of the public present. es The meeting was called to order at 6:02 pm by Chairman Andy Gomez. APPROVAL OF AGENDA os rp Chairman A. Gomez called for a motion to approve the agenda. Commissioner B. Romero motioned to approve the agenda as presented, and Commissioner M. Spencer seconded the motion. Pu Chairman A. Gomez conducted a roll call. Commissioner B. Romero voted yes, Commissioner B. Baca voted yes, Commissioner M. Spencer voted yes, Commissioner F. Vigil voted yes, and Chairman A. Gomez voted yes. The motion carried. al io ITEM 1 – PRELIMINARY PLAT: Skyline at Huning Ranch n LGI Homes New Mexico LLC, acting agent for Vargas Land, LLC nf Sonia Walker presented the case Skyline at Huning Ranch Preliminary Plat. The applicant was LGI Homes NM LLC. The property owner was Vargas Land LLC. The property had a legal description or of Subd: Land of Huning Limited Partnership Tract 3 16.86 Acres 2007 Revision. mat The request was for a subdivision consisting of ninety-nine residential lots, and the proposed use was for a single-family residential use in a master-planned community. The property was in Council District 1. It was in a FEMA flood zone of X, which was a minimum rI flood hazard. Surrounding zoning and land use were: to the North F-U, vacant; to the south was S- Fo U, Sundance Elementary; to the east S-U, vacant and St. Matthews Episcopal Church; and to the west, S-U, Jubilee Subdivision. The Notice of the Public Hearing was mailed to all adjacent property owners and published in the Valencia News-Bulletin on February 25, 2021. There were no letters or phone calls received in opposition or in favor of the request. The Development Review Committee met on February 16, 2021, and there were no comments. The Community Development Department recommended approval of the preliminary plat. S. Walker stood for questions. P & Z 03/17/2021 There were no questions from the commission. Chairman A. Gomez called the applicant to speak. Hiram Crook, the design engineer with Mark Goodwin Associates, spoke. H. Crook briefly stated that the preliminary plat request would be a 99-lot residential subdivision zoned s-u that would be an excellent advantage to the surrounding community. Chairman A. Gomez inquired about the builder. Crook informed Gomez the builder would be LGI Homes. y nl Commissioner M. Spencer expressed her concerns about the traffic when school opens on April 06, O 2021, and asked H. Crook if an additional entrance would be added in the future. Crook responded that it was considered, but ultimately there would not be enough space for two entrances. es Commissioner A. Gomez asked about other availability access on the other perimeters. Crook confirmed there were none but stated they have worked with the public school system with aligning os their entrance with the alignment of the school’s entrance across the street for better access. rp Commissioner F. Vigil asked about the action taken for sand mitigation. Crook explained to Vigil that the front yard would be landscaped and all side yard travel. Vigil asked about a Home Owner’s Pu Association. Crook confirmed that it would be a Home Owner’s Association. Commissioner B. Romero asked S. Walker if there was community input for or against the al preliminary plat. Walker answered there were no comments in favor or against. io Commissioner F. Vigil asked H. Crook what size the homes would be and if there would be an n emergency response plan in place. Crooke answered the homes would be 1,800-2,000 sq foot single-family residential homes, but there would be only one exit in and out. nfor Chairman A. Gomez called for a motion. Commissioner B. Romero motioned to approve the m Skyline and Huning ranch preliminary plat request. Commissioner B. Baca seconded the motion. at Gomez conducted a roll call. Commissioner Romero and Commissioner Baca voted in favor. Commissioner M. Spencer and Commissioner F. Vigil voted against. Chairman A. Gomez voted in favor. The motion carried. rI ITEM 2- PRELIMINARY PLAT: Vista Manzano at Sierra Vista Fo Isaacson & Arfman, Inc, Acting Agent for Sierra Vista Los Lunas LLC Sonia Walker presented the case, Vista Manzano, Preliminary Plat. The property had a legal description of Subd: Tract: E S: 24 T: 7N R: 1E 13.50 Acres plat M-425, Subd: Sierra Vista Tract: FS: 23 T: 7N R: 1E 53.70 Acres plat M-425, and Subd: Sierra Vista Tract: GS: 23 T: 7N R: 1E 60.10 Acres plat M-425. The property owner was Sierra Vista Los Lunas LLC. The request was to subdivide Tract F, Sierra Vista, into a 152 lot subdivision and dedicate the needed right-of-way. The subdivision would be developed and platted in three phases. P & Z 03/17/2021 Improvements would also be made with the development in the Jubilee buffer as defined in the Area Plan. The proposed use was single-family residential use in a master-planned community. The property was in Council District 1. Surrounding zoning and land use were: to the North S-U, Legacy Subdivision; to the south was S-U vacant; to the east S-U, Jubilee Subdivision and Sundance Elementary; and to the west, S-U Vacant and R-R, El Cerro de Los Lunas. Notice of the Public Hearing was mailed to all adjacent property owners and published in the Valencia News-Bulletin on February 25, 2021. After the staff report was sent out, the Community Development Department received a request to transfer a petition for denial from Legacy at Sierra y Vista Phase 1 Final Plat to the Vista Manzano at Sierra Vista Preliminary Plat. Also, the department nl received over 20 emails stating opposition, requesting denial, and requesting certain items. The O emails were sent to the commission on 3/17/2021. The residents cited health concerns, property damage, landscape damage, property value loss, safety concerns, and engineering concerns. The residents requested a stop order until there was a restoration of the buffer area, correction of the es elevation to the buffer area, the extension of the buffer area to 150ft, payment for damages, and better mitigation for the blowing sand. os The Development Review Committee met on February 16, 2021, and discussed the application. rp Staff noted the developer had to coordinate with the Parks and Recreation Department regarding the community park. Based on the Village of Los Lunas Municipal Code and Comprehensive Plan, the Pu Community Development Department recommended approval of the Vista Manzano preliminary plat. S. Walker stood for questions. al io Commissioner F. Vigil inquired about the authority to extend buffers. Walker explained the buffer n area is stipulated by the area plan approved by the Village Council, and the Planning and Zoning Commission cannot amend the area plan. nfor Commissioner B. Romero asked S. Walker if there was a verification of property values going m down from a third party. Walker responded one of the residents might have that information once it at is open to the public, but she did not. Chairman A. Gomez opened the floor to the applicant representative Justin Simenson. rI J. Simenson explained the proposed next phase of Sierra Vista, which was Vista Manzano. It was planned to be developed in three phases. The first phase would include the buffer area requested by Fo Village staff after several meetings with Village staff and Jubilee residents. Simenson explained they re-designed some areas and expanded the Vista Manzano even though the lots they were presenting were in Tract F. They extended the plat to include the buffer area to help the issues Jubilee residents were having with the development of the subdivision. To address the buffer concern not extending to Highway 6, he explained they worked with Village staff to get the buffer area to its final configuration. Simenson described that in the future, the northern parts would have developments that they couldn’t foresee to set exact grades and final landscaping, but they extended buffer as far north as they could. Simenson detailed they planned to extend the buffer with landscaping as developments happen. P & Z 03/17/2021 J. Simenson stood for questions. Commissioner F. Vigil asked how many meetings were taken place with the Jubilee homeowners and if the area to the west was at its final height. Simenson informed him that there were two meetings with Jubilee and Village staff regarding design and landscaping concerns. Simenson said plans were set in place, and the west area would be 10 ft. lower within the buffer area. Chairman A. Gomez asked Simenson if the dirt slope had always been there and if Simensen had seen the impact the sand had made on Promenade Trail. Simensen confirmed that it had; however, they raised it higher. Simensen stated he had and agreed it was not favorable. However, they y worked with engineering to lower it as much as possible without affecting any land developed in the nl future. Simenson agreed it wasn’t favorable, but they worked hard to develop a proposal with the O Village staff’s recommendation on how to get the area landscaped to its final height. Commissioner B. Baca asked Simenson when a builder would go to the site. Simensen stated a es builder would start building soon now that Final Plat for Legacy Phase 1 was approved, which would be about 18 acres of houses. The south slope area on the open space trail would be extended, os graded, and landscaped, an additional 12-acre area that would be stabilized for landscaping in rp conjunction with the wall to help with the west to east winds generating dust. Pu Chairman A. Gomez asked what would take place for immediate remediations. Simensen stated the SWPPP consultant worked closely with owners regarding the current dust issue. A lot of mitigation effort meetings took place and implemented different things outside of the subdivision. al io Commissioner B. Baca asked J. Simenson, if the hill of dirt would stay, and Simensen stated the n grading plan to lower the slope by 10 ft. would progress. Simenson also had a landscape plan for the area but explained they couldn't continue because they needed to tie to the water/sewer stubs as developed. nform Chairman A. Gomez opened the floor to the public. at Adjacent property owner, David Darling, brought up the following concerns: The reduction in property values, the non-consistent development of the area plan, misrepresented rI information from the engineering firm, dust control, endangerment of public health and safety, landscape plan, and the substantial injury to adjoining values. Darling showed the commission a Fo presentation of graphical maps and pictures to prove his argument. Adjacent property owner Pia Louchios was concerned with the elevation. She explained that according to Sierra Vista, the area had been widened and lowered. Louchios stated that was false, and the elevation was 24ft and higher than her house. She also expressed concerns about the Geotech report, drainage soil, and dust mitigation. She felt none of the actions in place worked, and a different approach needed to take place. P & Z 03/17/2021 Adjacent property owner Chris Yates communicated concerns about duststorms with the dust- control plan, environmental disaster, accumulating damages to landscaping, plants and vehicles, property values, common areas, damages to health, and cleanup of landscaping and property. Adjacent property owner Myra Barker addressed the following concerns: Health issues due to the dust, wearing and having to wear their masks inside their house. Adjacent property owner David Shorrr had concerns with the blowing sand and having to stay in the house. Commissioner A. Gomez asked J. Simenson to respond. nl y O J. Simenson stated that because they first needed to get through the Village of Los Lunas’s review process, the buffer area had not been lowered yet. J. Simenson stated Bob Pruitt, the owner and developer of Sierra Vista should also comment. es B. Pruitt input that he understood dust was an issue, and they were working hard on it. The plat os displayed was an intricate part of the dust control plan, and it was surveyed by a licensed professional. Upon completion of phase one, they would build houses in Legacy within the next few rp weeks upon approval. The application would be put into place once they got through the Village of Los Lunas' application process. Pu Commissioner B. Romero asked B. Pruitt about the mitigation steps that were taken. Pruitt shared his screen and showed the Sierra Vista Dust Mitigation Exhibit to explain the mitigation process that was in effect. al io Commissioner M. Spencer asked Mr. Pruitt if the plat was not approved, would he not do any more n work on mitigation? Pruitt responded the approval of the plat would allow them many improvements. If the application was not approved, they are not entitled to do the work. However, nf dust was an obligation regardless. orm Commissioner F. Vigil asked B. Pruitt general information on how many years until fully at developed. Pruitt responded that multiple builders have inquired about Tract B. Tract F was already committed, and Tract A was under discussion because of the active market. If the market continued to do so well, they would be looking at a 7-8 year project. rI Commissioner B Romero asked if it were a fair statement to say the more development an area had, the less wind and dust would blow in the area. Pruitt confirmed development affected the amount of Fo dust in the area. Chairman A. Gomez asked if there were further discussion from the commission. There was no further discussion. Chairman A. Gomez allowed David Darling to speak on behalf of the members of Jubilee as to why the application should be denied. P & Z 03/17/2021 David Darling explained that without any approval, the developers built a sand dune behind their homes with no mitigation until the residents of Jubilee started to complain. The developers had been issued a citation for not maintaining their silt fences due to the resident’s inquiry to NMED about the lack of control of the silk and water. Darling expressed he spent ten hours cleaning up sand which was not a quality of life. Darling explained that he and his neighbors understand that development needed to happen, but all they asked is that it be done responsibly with honor to the developer’s word. E. Callahan requested that the Village of Los Lunas consulting engineers give their statement on the drainage impact and soils. y nl Engineer Melina Boyd stated they had reviewed the documents. The soil behind the Jubilee wall O appeared to be historic soil with a historic flow path. It looked as though the Sierra Vista area drained to that soil; however, once development occurred, there should be no runoff. The offsite drainage plans would help mitigate before it drained to the soil and also the landscaping should help with the erosion concerns. es os Commissioner A. Gomez asked if there was further discussion from the commission. There was no further discussion. rp Chairman A. Gomez called for a motion. Commissioner M. Spencer motioned not to approve the Pu preliminary plat. Commissioner F. Vigil seconded the motion. Gomez conducted a roll call. Commissioner Spencer, Commissioner Vigil, and Commissioner Baca voted in favor of the motion. Commissioner B. Romero voted against it. Chairman A. Gomez voted against it. The motion to deny carried 3 to 1. al io n ITEM 3- APPROVAL OF MINUTES- Minutes of 03/03/2021 Commissioner B. Romero motioned to approve the minutes as presented. Commissioner M. nf Spencer seconded the motion. Chairman A. Gomez conducted a roll call. Commissioner B. Romero or voted yes, Commissioner M. Spencer voted yes, and Commissioner B. Baca voted yes. Chairman m A. Gomez voted yes. The motion carried. ITEM 4- DISCUSSIONat rI Council Updates E. Callahan had nothing to report. Fo Community Development Updates E. Callahan had nothing to report. Code Enforcement Issues There were no Code Enforcement issues. P & Z 03/17/2021 ITEM 5- ADJOURNMENT Chairman A. Gomez entertained a motion for adjournment. Commissioner F. Vigil motioned to adjourn. Commissioner B. Romero seconded the motion. Chairman A. Gomez conducted a roll call. Commissioner F. Vigil voted yes; Commissioner B. Romero voted yes; Commissioner M. Spencer voted yes, Commissioner B. Baca votes yes, and Chairman A. Gomez voted yes. The motion carried. The meeting adjourned at 8:47 PM. Andy Gomez, Chairman – At Large y Billy Baca, Vice-Chair – District 3 nl O Frank Vigil, Commissioner – District 1 Ben Romero, Commissioner – District 2 es __________________________________ Marcia Spencer, Commissioner – District 4 os rp Pu al io n nformat rI Fo P & Z 03/17/2021