Village of Corrales

Village of CorralesPlanning & Zoning Department

4324 Corrales Road, Corrales, New Mexico 87048Phone: (505) 897-0502 I Fax: (505) 897-7217

PLANNING AND ZONING COMMISSION

Date of Meeting: Wednesday, June 16, 2021, 6:30 PM

Location of Meeting: TELECONFERENCE

DRAFT AGENDA

This will be a Zoom Teleconference Planning and Zoning Commission meeting. The public isallowed to join. You are encouraged to join the meeting before 6:35pm so that we may knowwho is in attendance. The meeting link is:

https://usO2web.zoom .us/i/86969308479?pwd=aFNJ UW5oWW5ZVDM2U EU2VO5yTFIkQ.T09

*please email LStout(?icorrales-nm.or2 so you can be sent a clickable meeting link!

You will be prompted to enter the meeting ID: 869 6930 8479#.The passcode is: 236091

If you do not have a microphone on your computer, the phone number to call in to themeeting is: 1-346-248-7799

*please join the meeting a few minutes before 6:30 pm.

Please email Laurie Stout at LStout(corra1es-nrn.org if you wish to attend or speak at the meetingabout an agenda item, so we can email you the link, acknowledge you and have you sworn in.

I. CALL TO ORDER

II. ROLL CALL

III. APPROVAL OF AGENDA

IV. APPROVAL OF MINUTES

May 19, 2021 Regular Meeting Minutes

V. CORRALEROS PUBLIC FORUM (Comment on items not otherwise on Agenda3- Minute limit)

VI. PUBLIC HEARING ITEMS

Planning and Zoning Commission Draft Agenda for June 16, 2021 meeting of2

STR 2 1-07. (Short Term Rental) Applicant Carol Akright of 108 Camino de la Tierra requests ShortTerm Rental Permit approval for one bedroom in a 3-bedroom house at 108 Camino de la Tierra with arental occupancy maximum of two adults and one child under the age of twelve. This property is zoned A-iAgricultural and Rural Residential.

STR 2 1-08. (Short Term Rental) AppLicant Jan Fiala of 416 Camino Arco Iris requests Short TermRental Permit approval for two bedrooms in a 4-bedroom house at 416 Camino Arco Iris with a rentaloccupancy maximum of four adults. This property is zoned A-] Agricultural and Rural Residential.

SDP 21-03. (Site Development Plan) Applicant Crown Atlantic Company, LLC and Romano andAssociates, LLC, request Site Development Plan approval to remove the existing “flagpole” cell tower at4920 Corrales Road (Fire Station #1) and replace it with an 85’ monopole “tree” style on the south side ofthe property, behind the fire station building. This properly is zoned M — Municipal.

VAR 21-03. (Variance) Applicant Crown Atlantic Company, LLC and Romano and Associates, LLCrequest a Variance to the 110% setback requirement of the total height of the proposed tower at 4920Corrales Road, which is 93.5”. On the south property line, the available setback is 60’4”. Including the 40-foot width of Sherrod Court right of way, however, the distance to the adjacent property is l00’4”.

VAR 21-04. (Variance) Assuming approval of the Cell Tower Site Plan and Variance, applicant Village ofCorrales (Fire Chief Anthony Martinez) is requesting a Variance to total height of 85’ in a Municipal zonefor a telecommunications facility. The Fire Department would like to place a 5’ antenna on top of the celltower structure, for a total height of 90 feet.

SDP 2 1-04. (Site Development Plan) Applicant Joan Lewis is requesting Site Development Plan approvalto add four short-term rentals, an office/conference space and a laundry area to her already-existing medicaloffices located at 5065 Corrales Road. This properly is zoned C — Neighborhood Commercial.

VII. OTHER BUSINESS

Resolution 2 1-01, Establishing regular meetings of the Planning and Zoning CommissionResolution 21-03, Rules for the Transaction of BusinessElection of Chair, Vice-Chair and Secretary

VIII. PZA REPORT

IX. COMMISSIONERS FORUM

X. NEXT MEETING: July 21, 2021

XI. ADJOURNMENT

/1La ne Stout, Planning and Zoning Administrator Date

Planning and Zoning Commission Draft Agenda for June 16, 2021 meeting of 2


4324 Corrales Road, Corrales, New Mexico 870485 Phone: (505) 897-0502 I Fax: (505) 897-7217678

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PLANNING AND ZONING COMMISSION

Date of Meeting: Wednesday, May 19, 2021, 6:30 PM

Location of Meeting: TELECONFERENCE

DRAFT MINUTES

14 This will be a Zoom Teleconference Planning and Zoning Commission meeting. The public is15 allowed to join. You are encouraged to join the meeting before 6:35 pm so that we may know16 who is in attendance. The meeting link is:17 https://usO2web.zoom. us! j/82250663633?pwd=aWNZdHZadVh EKOJ IN FhwU2ZgSk9XdzO9

19 *Please email LStout(corra1es-nm.org so you can be sent a clickable meeting link!

You will be prompted to enter the meeting ID: #822 5066 3633.The passcode is: 929918

If you do not have a microphone on your computer, the phone number to caLl into themeeting is: 1-669-9006-833.

*please join the meeting a few minutes before 6:30 pm.

Please email Laurie Stout at LStout(corrales-nm.org if you wish to attend or speak at the meetingabout an agenda item, so we can email you the link, acknowledge you, and have you sworn in.

I. CALL TO ORDER

II. ROLL CALL

34 Present: John McCandless, Michele Anderson, Mick Harper, Ken Killebrew, Melissa Morris, Jerry Stermer, Sam35 Thompson. (A quorum was present)

III. APPROVAL OF AGENDA

Move to Approve Agenda: Ken Killebrew Second: Sam Thompson Vote, Yes: John McCandless, MicheleAnderson, Mick Harper, Ken Killebrew, Melissa Morris, Jeny Stermer, Sam Thompson. (unanimous)

IV. APPROVAL OF MINUTES

April 21, 2021, Regular Meeting Minutes

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Planning and Zoning Commission Draft Minutes for May 19, 2021 meeting Page 1 of 13

46 Move to Approve April 21, 2021, Regular Meeting Minutes: Ken Killebrew, Second: Melissa Morris. Vote, Yes:47 John McCandless, Michele Anderson, Mick Harper, Ken Killebrew, Melissa Morris, Jerry Stermer, Sam Thompson.48 (unanimous)4950 V. CORRALEOS PUBLIC FORUM (Comment on items not otherwise on Agenda —

5 1 3- Minute limit)5253 VI. PUBLIC HEARING ITEMS5455 VAR 2 1-02. (Variance to setback) Applicant Andrew Shows is requesting a Variance to setback for an existing 60-foot56 long accessory structure located at 373 Windover Road that is approximately 7 feet from the back setback, and for which a57 building permit is being requested to make renovations to the structure. This property is zoned A-I Agricultural and Rural58 Residential.59 The applicant was not present; item will be rescheduled for July, 2021.6061 STR 21-04. (Short Term Rental) Applicant Robert Sullivan requests Short Term Rental Permit approval for one62 bedroom of a three-bedroom house at 112 West La Entrada with a rental occupancy maximum of two adults. This63 property is zoned A-I Agricultural and Rural Residential.6465 Robert Sullivan, 112 West La Entrada (applicant, sworn): I have a three-bedroom home I have resided in for66 twenty-six years. Following my divorce four years ago I started thinking about doing an Airbnb to make extra67 money. I started that and it will be two years in August. It is one bedroom, with its own entrance and bath. There is68 plenty of parking and it is very quiet. It is for one or two adults. lam the only other adult here. It is just myself and69 whoever happens to be in the Airbnb.70 Commissioner Anderson: When did you acquire this property?71 Sullivan: I purchased this property in 1994.72 Commissioner Anderson: The info you sent in from New Mexico Environmental is all dated 1978. When you73 purchased the property didn’t you have it re-inspected?74 Sullivan: The property was inspected prior to purchase. That was the original paperwork that verified that I have75 been approved for a septic system.76 Commissioner Anderson: When you sell a property the owner has to have an inspection to prove that everything is77 in compliance. You should have had one given to you when you purchased the property.78 PZA Laurie Stout: On the floorplan itself, it is stamped by NMED. It has the permit number, one home with three79 bedrooms. Gloria Martinez is the NMED signature and it is dated August 20th of 2013.80 Sullivan: That was the most recent inspection of the septic. That was inspected in 2013.8 1 Commissioner Anderson: It is not the normal paperwork that we get but someone stamped it.82 Chair McCandless: It is worth noting that whoever did the inspection mentioned that the septic tank is getting near83 the end of its useful life. Mr. Sullivan you will want to look into that.84 Sullivan: I have an appointment set up in a few days for the septic people to pump it and inspect it.85 Chair McCandless: Keep in mind the note from NMED that the septic system is old.8687 Motion to approve STR 21-04: Mellissa Morris Second: Mick Harper Vote, Yes: John McCandless, Michele88 Anderson, Mick Harper, Ken Killebrew, Melissa Morris, Jerry Stermer, Sam Thompson. (unanimous)8990 STR 2 1-06. (Short Term Rental) Applicant Bryan Langdon requests Short Term Rental Permit approval for two91 bedrooms of a four-bedroom house located at 98 Saiz Road with a rental occupancy of four adults. This property is92 zoned A-I Agricultural and Rural Residential.9394 Bryan Langdon, 98 Saiz Road (applicant, sworn): I am seeking approval of a short-term rental permit for two95 bedrooms of our four-bedroom house. We have an area on the west end of our house that has its own entrance and96 there are two bedrooms in that area and we want to do short term rental through Airbnb. There is plenty of parking;97 it is a very quiet neighborhood. The lot to the west of us is vacant and the lot behind us is a storage lot for Milagro’s98 Vineyards. We do have a letter from the one property that abuts our property.99 Commissioner Anderson: This is a five-bedroom house, but you only have a four-bedroom septic.


100 Chair McCandless: I will point out the on-site wastewater system and inspection and evaluation dated January 29h,101 2018. Halfway down, the number of bedrooms in the dwelling is stated as four.102 Commissioner Anderson: It is shown as a five-bedroom house; the county accessors have it as a five-bedroom103 house. It was advertised for sale as a five-bedroom- and a four-bathroom house. What you use the bedrooms for is1 04 immaterial; it is what it was designed for.105 PZA Stout: For the purposes of this particular application Mr. and Mrs. Langdon have stated via a letter, that is part106 of the sworn testimony, that they are using four total bedrooms in the home; two for their personal use and two for a107 short term rental.108 Commissioner Morris: Is there any specific definition anywhere to tell us what is considered to be a bedroom.109 PZA Stout: Our building official looks for a closet but anybody can turn anything into a bedroom. For this110 application, the applicants are swearing that they are going to use two bedrooms for their family and two bedrooms111 for the short-term rental. At any point in time, our office can go onto Airbnb and if three bedrooms are being112 advertised for the short-term rental, then we have a problem.113 Commissioner Morris: I am worried about the future when maybe someone else owns this property and it has five114 bedrooms and it is being used as such.115 PZA Stout: Short-term rentals do not transfer to a new owner. If the house is sold and they wish to do a short-term116 rental, they would have to come before this Commission.117 Commissioner Morris: What if someone purchases this property and they are using all of it for their personal use118 but they still only have approval for a four-bedroom house. Are we supposed to decide based on what the applicant119 says the property is going to be used for or what it is required to have if it were being used fully as it can be?120 PZA Stout: The applicants are testifying under oath as to what their stated use of the property will be. Down the121 road, if there is a violation of that, then that would be a code enforcement issue.122 Commissioner Thompson: Isn’t the real problem that NMED certified a house for four bedrooms that is actually123 five bedrooms?124 Commissioner Anderson: On your parking area where you placed several cars to show you had enough parking125 spaces. On the outside of your area for the rental; if you look back on your permit, that is right where your leach126 field is. You cannot park, build, or do anything to compact the soil in that area.127 Bryan Langdon: If it is an issue to park there we can certainly have people park on other parts of the property.128 Commissioner Anderson: They have a pretty good diagram on the permit. If you stake that out, it would be in your129 best interest so they don’t mess up your leach field.130 Bryan Langdon: Looking at the drawing, I think they have the house offset more towards the back of the lot. The13 1 end of the leach field is closer to where I have that fence.132 Commissioner Harper: (clarified which bedroom was used as an office) If you sealed the door or built a wall133 across the entrance to the walk-in closet, this would remedy the extra bedroom issue. If that is how we determine134 what an extra bedroom is. This is kind of academic because people can do whatever they want to do in these homes135 after they have had the final inspection and Certificate of Occupancy. I am okay to take your word that it is an136 office/game room.137 Chair McCandless: How long have you owned this house?138 Bryan Langdon: We bought it in 2007.139 Chair McCandless: There is a listing for a different system owner. That approval happened before you purchased.140 Bryan Langdon: The scanned approval from NMED still has the warranty deed transfer as part of it; the title141 company had that done for us.142 Commissioner Anderson: If you look in building and fire code, a bedroom is a sleeping place, for sleeping. It must143 have at least 75 square feet per occupant and it must have at least 8 feet ceiling height and it must have two forms of144 egress. Usually, that is a door and a window. Nothing in any of the codes says you have to have a closet.145 PZA Stout: The Langdons very graciously allowed Ms. Hall and me to come over to their home and we did view146 that room and it is very clearly a game room and not a bedroom.147148 Move to Approve STR 2 1-06: Jerry Stermer Second: Ken Killebrew Vote, Yes: John McCandless, Michele149 Anderson, Mick Harper, Ken Killebrew, Melissa Morris, Jerry Stermer, Sam Thompson. (unanimous)150151 Chair McCandless: One of the things we need to keep in mind is that the Planning and Zoning Commission does152 not write the ordinances, we do not change ordinances. It is our job and our responsibility to apply the ordinances to153 the application that is before us, and that is all. I will reserve the right to limit community comments to five minutes.154 We do want to hear from everybody but we do want to give everyone the chance to speak. We can’t have lengthy


155 addresses to the commission. 1 will endeavor to give everyone a chance to speak and to let them speak their mind156 but, we do have to put some limits on it. Mr. Gjullin if necessary has the ability to mute any speakers before us.157158 ZOC 21-17. (Home Occupation) Applicant Jeannine Grayson of 593 Reclining Acres is requesting a Home159 Occupation Permit to operate “Suite-Success Yoga” in which she will teach Zoom yoga lessons. She will also host160 a yoga workshop quarterly with an attendance of 1-5 students held in a converted garage/studio at 618 Reclining161 Acres which will use 546 square feet of the 1,012 square foot studio. This property is zoned A-i Agricultural and162 Rural Residential.163164 Jeannine Grayson, 593 Reclining Acres (applicant, sworn): I used to teach yoga out of my house, that was about165 four years ago. I have stopped doing that and I don’t intend to ever bring that back. I enjoy going to facilities to166 teach or to do it over zoom. Perhaps quarterly I will do a yoga workshop of one to five people, and that is not for167 sure. Every now and then it would be nice to be able to do that. I am a certified yoga instructor and have been since168 2007.169 Commissioner Anderson: This is for the 618 property correct? (yes) 618 will just be yoga and life coach as far as170 home occupations? (Correct) Exhibit A is showing two cars on the 618 address and four cars on the 593.17 1 Gra son: Whenever I do hold a workshop, I’m not planning on doing any short-term rentals that day.172 Commissioner Anderson: Are you going to have the yoga in just 618 or are you going to have it in both units,173 since you have parking in both lots?174 Grayson: There’s parking in both lots but I am only going to do it over at 618, then they canjust walk across the175 street.176 Commissioner Morris: Which of the properties do you reside at? (593) You are requesting a home-based business177 permit for a property that you don’t live in?178 Grayson: Yes, the office is in 593 but where the space would be to do the workshops would be at 618.179 Commissioner Morris: The workshops would be done at the auxiliary building that was being used as a rental and180 is no longer? (Correct) If you did your yoga workshops quarterly how many people could you have per session?18 1 Grayson: One to five is it.182 Commissioner Morris: 1-low many days a week would that be?183 Grayson: It would only be one day, probably on a Saturday for a couple of hours and it wouldn’t be back to back at184 all.185 Commissioner Morris: There could be five vehicles a week max?186 Grayson: Not a week, because we are only looking at it quarterly, one day quarterly. Once every 3-4 months.187 Commissioner Harper: It is my understanding that these home occupation permits are supposed to be issued to the188 person residing in the home where the home occupation business activity will occur. Since Ms. Grayson does not189 live in this home, I don’t think we can grant this home occupation license to her. I am not sure that is explicitly190 stated in the ordinance but I am firm in my belief that that is the intention of the ordinance.191 PZA Stout: I understand where you’re coming from, it is rare to encounter a situation with two properties adjacent192 to one another with both containing portions of a home occupation. It has happened a couple of times before. There193 was a woman who was renting a property where she had a horseback riding business and there was a barn on an194 adjacent property where she kept the horses. There was a woman who had her property where she had part of the195 business and she was leasing the property next door, and a portion of the business was on that as well. There is a196 little bit of precedence but it is a judgment call by the Commission. I will say Mrs. Grayson was compliant in197 removing the short-term rental out of the studio, so it seemed reasonable to allow her to use the space for quarterly198 classes of 1-5 students only.199 Commissioner Harper: Since all of these are proprietor-run sessions. She can’t be four places at once, so that200 doesn’t worry me. I just didn’t want to do something we should not do.201 Commissioner Morris: There is intensive use of these two properties. For that reason, I would tend to lean to more202 of a judgment call since we do have a legal issue here as far as approving it.203 Anne Gibbons, 412 Reclining Acres, (public comment, sworn): My concern is that Ms. Grayson doesn’t reside at204 the property that she wishes to have a home business out of. I am also going to state that how do we know she is205 only going to have these yoga workshops one time per quarter. How do we know that she is going to live up to her206 word with the number of people at these workshops being capped at five? This is a residential neighborhood. I207 didn’t move to Corrales to move next to effectively a Motel 6 or a yoga studio. There is increased traffic on this road208 and people who do not abide by the speed limit. I am really upset that we have two adjacent properties that are being209 used as non-residential properties. I would like to put to each one of you on the Planning and Zoning Commission;


210 would you like to have Ms. Grayson’s yoga studios or Airbnb located on your road, next to your house, affecting the211 traffic on your road?212 Nelson Ackerman, 525 Reclining Acres (public commenter, sworn) The only comment I have is with the parking213 being at 593 as opposed to 618. The parking area that she lists as parking is a fairway Ms. Grayson has put in to214 allow the people on Western Mesa Trail to access their home. If it were just one, I probably wouldn’t have any215 issues about it but when you stack everything together it does create an issue.216 Laura Fiori, 618 Reclining Acres (co-host and renter of Jeannine Grayson, sworn): I would like to point out we217 have at least five businesses on this street in addition to the residential homes. There are many people who have218 businesses in their homes. Most home-based businesses have traffic. I want to keep in perspective that maybe if this219 residential character is so important than these businesses should be looked at to the contribution to the220 neighborhood or lack thereof.221 Curt Flora, 560 Andrews Lane (public commenter, sworn): If she has this many residences then she would have222 parking and everything that she needed, even if she didn’t live in that home.223 Annette Ackerman, 525 Reclining Acres (public commenter, sworn): When Ms. Grayson did teach yoga pre224 pandemic, there was a parking issue. They would park in the circle and they would park on the sides of the road.225 With her long-term renters, her short-term renters, and the yoga, when you stack it, it becomes an issue.226 Grayson: As stated before, when the workshops will be held, there will not be any short-term rentals on the day227 that, that will happen. I will not hold regular yoga classes here, I haven’t for four years. I can’t see how it is going to228 drive any more traffic in if I am not having short-term renters on those days. My office is at 593 and the workshops229 would be at 618 because it is large enough to hold five people.230 Commissioner Anderson: It is a home occupation and she does not occupy 618. I don’t see if we can approve23 1 something where the basics of it are, she does not occupy it. This is two different places.232 Chair McCandless: This business has two aspects to it and one is the online aspect and one is the in-person aspect.233 The online aspect appears to take place at 593 correct? (Yes) We could possibly approve the business but not234 approve the workshops. Then she would conduct her business in her residence and it would meet that requirement.235 Commissioner Anderson: What would be the point of having the office in one place if you can’t have the236 workshops?237 Chair McCandless: There are two components there and it seems the bulk of the business is the online business. I238 hear loud and clear about allowing a home occupation in a place a person does not reside in.239 Commissioner Harper: We need to pay attention to granting permission to peruse a more irnpactful use of this240 property than simply residing there. Since the home occupation permit allows for one worker that does not reside241 there. Nothing can prevent Ms. Grayson from hiring someone else to do this business. The home where she doesn’t242 reside in just an office. I just don’t think we can do this.243 Chair McCandless: Ms. Grayson resides at 593 and that is where she would teach her zoom classes.244 Commissioner Harper: You need to carve off the use of6l8 because she does not reside there.245 Chair McCandless: The application is a little muddy, the big concern is if you’re going to do a home occupation it246 has to be out of your home in which you live. Running a workshop out of an adjacent property is stretching it a bit.247 We can consider approving with conditions.248 Commissioner Killebrew: I have been reading section 18-45 (c) subjection 4 and I don’t see anything that says you249 have to reside in your home to do this. It does state that no more than four businesses can be operated out of a250 residence and the businesses should be in general compatibility with the existing properties. You can’t have more251 than four registered businesses out of your property.252 John McCandless: The second application is basically the same as the first but with a slightly different business;253 those are running out of both houses. The sweet success music would run out of 593 only. Then the two short-term254 rentals with one out of618 and one out of 593.255 Commissioner Killebrew: What clause says they have to live in the home to have a home occupation?256 Commissioner Anderson: It is under definition of home occupation.257 Chair McCandless: “Home occupation means an occupation or activity conducted by the resident.”258 Commissioner Harper: We have this other issue it says, “is clearly incidental and secondary to the use of the259 premises as a dwelling unit.” Ms. Grayson is proposing to run two quarterly workshops in this studio. Taken260 together, this seems like an intensive use of these properties.261 Chair McCandless: Without the workshops, what would be the impact of the neighborhood?262 Commissioner Killebrew: Online wouldn’t be impacting the neighborhood at all.263 Commissioner Harper: We can let her withdraw this application for tonight and resubmit it after she has deleted264 including the workshops at 618. I don’t feel good about approving this with conditions.


265 Commissioner Stermer: I sense that the applicant is hearing what we are saying, we asked her to work with staff266 and she came back. The concern of the neighborhood of the traffic is more about the short-term rentals. I would be267 willing to do approval with those conditions.268269 Move to Approve ZOC 2 1-17 with the condition the work be done online only at the residence at 593270 Reclining Acres: Jerry Stermer Second: Ken Killebrew. Move to amend the motion that application be271 resubmitted with PZA that there can be no activity out of 618 Reclining Acres: Mick Harper (accepted)272 Vote, Yes: John McCandless. Michele Anderson, Mick Harper. Ken Killebrew, Melissa Morris, Jeiiy Stermer, Sam273 Thompson. (unanimous)274275 ZOC 21-18. (Home Occupation) Applicant Jeannine Grayson of 593 Reclining Acres is requesting a Home276 Occupation Permit to operate “Suite-Success Transition Life Coaching” in which she teaches online coaching,277 consulting, and mentoring. She will also host a workshop quarterly of 1-5 people held in a converted garage/studio at 618278 Reclining Acres which will use 546 square feet of the 1,012 square foot studio. This property is zoned A-I Agricultural279 and Rural Residential.280281 Jeannine Grayson: I am doing all of my coaching online anyway, so it is over zoom, telephonic, skype. I don’t run282 any of my coaching business personally, however, I was thinking quarterly to have a workshop. It wont be over five283 people. I mostly run everything over the telephone and zoom.284 Chair McCandless: Based on the discussion we just had you understand the workshop is problematic.285 Nelson Ackerman: The only thing that is not clear to me is that these two permits are being requested for 618, I286 didn’t see any type of home occupation for the office portion at 593. How could you approve it for 593 when it was287 requested for 618.288 Chair McCandless: She has both addresses on the application. All the details, the square footage of the home, the289 amount of use for the home occupation are listed for both properties.290 Nelson Ackerman: I only saw the yellow posting on the 618.291292 Move to Approve of 21-18 with the condition the business be operated out of 593 Reclining Acres and there293 be no business activity being conducted out of 618 Reclining Acres and the application is amended to PZA to294 reflect that there will be no business activity out of 618 Reclining Acres: Jerry Stermer Second: Sam Thompson.295 Vote, Yes: John McCandless, Michele Anderson, Mick Harper, Ken Killebrew, Melissa Morris, Jerry Stermer, Sam296 Thompson. (unanimous)297298 ZOC 21-19. (Home Occupation) Applicant Jeannine Grayson of 593 Reclining Acres is requesting a Home299 Occupation Permit to operate “Suite-Success Music” which uses 136 square feet of her 2,448 square foot home at 593300 Reclining Acres. She will teach private piano and voice lessons to three students on Sundays from 1:30-3:15 pm. This301 property is zoned A-] Agricultural and Rural Residential.302303 Jeannine Grayson: I have been teaching these three students for the last several years. It is two sisters and one304 young boy; that is it. I don’t want to pursue new students. I am doing this because I have taught them for a long305 time. As they get older they will fall off as my students or if I decide I don’t want to continue teaching. I have a306 small piano room in my sunroom and that is where I teach my piano and voice. The little boy takes voice lessons.307 Commissioner Anderson: On your application, it says you have a sound system, what type of sound system is it?308 Grayson: I have two speakers where you plug things into it and I have a CD player.309 Commissioner Anderson: Is it contained or can you hear it outside the neighborhood?310 Grayson: It is contained.311 Anne Gibbons: My question would be has Ms. Grayson ever had a permit to ever conduct business out of her home3 12 in the past? Is this a renewal of a permit, a lapsed permit, or is this a new permit?313 PZA Stout: Our goal here is to get compliance for Ms. Grayson’s activities.314 Anne Gibbons: If she hasn’t been permitted in the past then why would consider permitting her now if she hasn’t3 1 5 been compliant with thc business permit previously? I am concerned about the fact there is a precedence here that3 16 she is trying to backtrack about the permits on this road.3 17 PZA Stout: This is the process for anyone. If we discover a business within the Village of Corrales that is operating3 1 8 without a permit, we ask them to become compliant. The other option would be to take them to Court, in which case3 19 the judge would say: “go before the Planning and Zoning Commission and get compliant”.


320 Commissioner Killebrew: The thing about Corrales is there is a lot of home occupations going on; there are artists,321 wineries, potters, woodworkers, etc. The Village is trying to catch up to get these people permits. They must come322 into compliance with the ordinances. That is what we are looking at.323 Anne Gibbons: I am wondering if we are doing due diligence. Leadership in the Village is approving things after324 the fact.325 Forrest Gibbs, 650 Western Mesa (public comment, sworn): My wife and I have owned the property that adjoins326 Jeannine’s property line in the back of the property since 2007. Our intention was always to build a house and now327 we are in the process of building a single-family dwelling. I have never heard loud music of any kind. There is328 plenty of parking at that particular house for her long-term rentals. I know there are a number of businesses on329 Reclining Acres. I would like to speak in support.330 Commissioner Harper: This is exactly the kind of home occupation business the Village wants to have, where the331 clients are indistinguishable from anyone who might be coming over for a cup of tea, watch football, etc.332333 Move to Approve ZOC 21-19: Sam Thompson, Second: Michele Anderson Vote, Yes: John McCandless, Michele334 Anderson, Mick Harper, Ken Killebrew, Melissa Morris, Jerry Stermer, Sam Thompson. (unanimous)335336 STR 21-01. (Short Term Rental resubmittal) Applicant Jeannine Grayson of 593 Reclining Acres request Short Term337 Rental Permit approval for two bedrooms of a four-bedroom house at 593 Reclining Acres with a rental occupancy of338 four adults. This property is zoned A-I Agricultural and Rural Residential.339340 Jeannine Grayson: I have lived at 593 Reclining Acres since April of 2012. 1 started doing long-term rental at 592341 Reclining Acres around that same time. I started doing short-term rental in October 2014 at 593 Reclining Acres.342 What I am asking for is that out of the four-bedroom, there are two bedrooms upstairs in my loft that I would like to343 do short-term rental or long-term rental with 1-4 guests. It would be 1-3 cars. I live downstairs in one of the344 bedrooms and then I have a long-term renter that lives downstairs in the other bedrooms; that is two cars. The septic345 tank for 593 was updated in 2020 to comply with NMED to support four bedrooms with six people. The fourth346 bedroom does quality as a bedroom. It is not bringing up any extra traffic than it has over the last 6 1/2 years.347 Commissioner Anderson: Upstairs, one is an open loft and then a queen bedroom?348 Gravson: The is an open loft and on one end there is a small bedroom and then on the other side of the loft is where349 the queen bed is.350 Commissioner Anderson: There are two distinct bedrooms and then there is an open area that looks downstairs,351 and that is the loft. Does each one have a door? (yes) Do you plan to rent to one family doing both rooms or two352 separate people?353 Grayson: I could rent the loft out to a family of four or I could rent it out separate, there would be up to four people.354 Commissioner Anderson: Plus your long-term renter downstairs. Does everyone have access to the common areas?355 Grayson: Most of the time the people upstairs stay upstairs and they don’t come downstairs at all.356 Commissioner Anderson: How do they enter and exit the structure?357 Grayson: There is an outside stairway and balcony that leads to their own separate entrance.358 Commissioner Morris: Is this the property that is also going to have a home-based business?359 Grayson: Yes, it is the one that has the piano.360 Commissioner Morris: That is not located in one of the separate bedrooms?361 Grayson: That is in its own separate room, it has a door and an outside entrance as well.362 Commissioner Morris: But it is not a bedroom?363 Grayson: No, it is not a bedroom.364 Chair McCandless: Ms. Grayson you say you have been running this short-term rental for 6-7 years. (Yes) Have365 you received any complaints during that time? (No)366 PZA Stout: Corrales PD had one complaint about a party that happened in 2017 that was brought up at the last367 Planning and Zoning Commission meeting, which Ms. Grayson acknowledged.368 Grayson: That was at 618, not at 593.369 Forrest Gibbs: I have an adjoining property on the south side. There is plenty of parking for her short-term rentals.370 1 don’t see any problems with it. I have never heard any noise. My wife and I are in support of this application.371 Annette Ackerman: I wanted to speak about some of the nuisances that have happened since Ms. Grayson has been372 renting out her short-term rentals. We have had guest that are going to her property who mistakes ours for the short-373 term rental. If we don’t have our gate closed, they will come into our property and knock on the door. We have four374 young granddaughters under the age of seven. It is a sharp turn-in, you can’t see into the driveway. We can’t let them375 out to play in the driveway of the fear that one of them is going to get run over. We have to constantly have to keep


376 our property locked up and the gate closed. We have spoken to Ms. Grayson before, at least two or three times about377 issues and it has been disregarded. She has guests that come at all hours of the day and night. One of the bigger378 issues is the trash. She has one trash receptacle at the 593 property that is often overloaded and trash blows out and379 we end up picking up trash down the street. I did call Roadninner because I noticed there was not one at the property380 across the street. They told me that Corrales is contracted with every home in Corrales to have a trash receptacle on-381 site and as of last Thursday they were going to go out to her property. The speeding, the noise, and the drones her382 guest fly over our home, the list goes on and on. Safety is a concern with people coming and going. I know other383 communities that have problems with Airbnb. It has become a big nuisance for us and other neighbors on the block.384 Nelson Ackerman: With all due respect to Mr. Gibbs, he does not live there and has never lived there. He is the385 person who acquired access through Ms. Grayson’s property to access his property on Western Mesa Trail. He has386 no idea if there is noise or anything else. We had not complained to the police or anything else, we brought it up387 directly to Ms. Grayson out of courtesy. On March 17th, you denied this and it has been almost two months and Ms.388 Grayson has never come to us since then to discuss the situation. If she wanted to be a good neighbor she would389 have come to us and I don’t think she has come to any of us. I did stop and talk to a neighbor who told me that Ms.390 Grayson had come to him with a petition and stated that she planned on having a few short-term renters and that was391 not necessarily the case. I started a petition against this short-term rental. When I went and talked to the neighbors, I392 provided them a copy of the agenda for the meeting and asked them to go read it for themselves to see what was393 going on. Upon further review, we have well over 30 signatures from our street that are against the Short Term394 Rental. There were other concerns throughout the pandemic, people were coming and going from throughout the395 state. If I recall, the governors orders were that short-term rentals were to be closed right along with the hotels.396 Those things were not adhered to during that timeframe. In the meeting on March 17th, Ms. Anderson brought up the397 fact that it has a 1.000-gallon tank and it does not accommodate four bedrooms. Ms. Grayson said her septic tank398 had been upgraded but that is not necessarily the case. Those are a few of the concerns, as well as the traffic. I have399 spoken to neighbors but my motive was because we have an excess of traffic, my grandchildren, people come to400 knock on our door, and it has become a problem. They go up and down their stairs and sit on their balcony that401 directly overlooks my property. They have taken away my privacy by doing those things. If you read my letter, I402 tried to be very to the point and not personal. It is a three-bedroom house that was changed to four bedrooms. The403 septic tank is only rated for three. It is a softly and nuisance issue for us, not being able to use our property.404 Ron Holmes, attorney for Jeannine Grayson: Ms. Grayson hired me to support her in this application for the five405 permits but more for the short-term rentals as that is the part that is contested. Ms. Grayson has said she has lived on406 Reclining Acres since 2012 and she has run short-term rentals since 2014. Las time Ms. Grayson was before this407 Commission Mr. Ackerman opposed the request as he is again doing tonight. Mr. Ackerman seems to have408 somewhat acknowledged that this is personal; it is also very political. What is interesting is that the commission has409 approved over 100 short-term rental permits, even two of them tonight. (PZA note: about 20 have been approved.) It410 is not that Mr. Ackerman opposes short-term rentals in the Village ofCorrales; it is just that he opposes these in411 particular. The reason why this is now becoming an issue is because now there is a permit requirement. Before this412 time there was never a complaint about it because it was never really on anybody’s radar as to what was going on.413 Six plus years have passed since there have been really no complaints until just recently. Only the permit414 requirement essentially just raise these complaints to manifest themselves. The complaining neighbors, they are415 laser-focused on what is going on here. Those concerns are legitimate but nothing really has changed since Jeannine416 has applied for this permit. There really is no increase in traffic; in fact, traffic will go down because now the417 occupant number has decreased. Things regarding traffic and noise; nothing has changed, now the occupant number418 is decreased and the noise has not been a problem in the past. The renters are thoroughly vetted before being419 accepted. Jeannine is having these people in her residence and sometimes directly across from her. She is getting420 older, does anyone honestly believe she would not fully vet these renters as thoroughly as possible for her own421 safety? The concerns about safety are really not well grounded. I would like to make an analogy. If you bought a422 new car or new car for them, have you ever noticed that you then notice that car after you bought it? I recently423 bought a VW Tiguan for one of my kids, before owning that car I never noticed Tiguans on the road beforehand.424 Certainly, they were there before because I see them all the time now because I recognize them. They are indexed in425 my mind; it is in my interest to see them. That is what is going on in this particular case now. Now that Jeannine is426 asking for this permit to he approved, folks are saying there is an increase in traffic, safety, noise, etc. It is all now427 being attributed to all those problems are now Jeannine’s created problems because now she is trying to get this428 approval for the short-term rentals. It is just a perception of the problem when it really isn’t a problem and hasn’t429 been a problem before. The traffic and other objections are changed because of this permit. It didn’t increase the430 number of people coming down Reclining Acres road it just increases the perception of those people coming down.43 1 Mike Sorce: Are you enforcing the three-minute rule?


432 Chair McCandless: I don’t appreciate your interruption. As I said at the beginning of the meeting, I said with my433 discretion allow five minutes; it has been less than that.434 Ron Holmes: I have read through most of the comments and I would be prepared to address Mr. Ackerman’s issues435 directly. This is getting to the point where we are really having a problem with neighbors who mean to be good436 neighbors but are not being good neighbors if we see things like signs that are posted by Mr. Ackerman, “no short437 term rentals on Reclining Acres Rd, etc.” Ms. Grayson is doing her best and trying to be compliant. Ms. Stout has438 reviewed her application and found it to comply with meeting the requirements of the Code.439 Cliff Gibbons, 412 Reclining Acres, (public comment, sworn): We moved here in 2017. Though neighbor440 conversation, before I met Mr. Ackerman, I had known Jeannine was running short-term rentals. I didn’t think441 anything about it. There was no perception of it at that time but we have noticed an increase in traffic and speeding.442 The Village posted speeding signs which are being ignored. There is a gentleman who plays his car stereo and you443 can hear thumping as it goes down the road. I have had people ride my bumper up and down the road, and so has444 my wife. We have almost been hit coming out of the driveway. No, I haven’t complained. I am not worried about445 my safety I just don’t want my property values to go down, I don’t want there to be a potential for groundwater446 contamination. Whether it is fair to pin it all on Ms. Grayson, probably not; I will say though there is a lot of447 vehicles I don’t recognize that go up and down the road. This is why I oppose this short-term rental application as448 well as the others in the Village. We are going to have to deal with this soon or I think we will have a big problem.449 Brian Dickert, 618 Reclining Acres (public comment, sworn): I have a concern about one of the Committee450 members; Mr. Harper used the word hotel. It is my feeling that this word is used in an inflammatory way to rile up451 the neighbors who are already riled up. I have a concern about Mr. Harper’s wording and use of that. When you452 notice something, it doesn’t mean that it is always occurring everywhere, it is your own personal experience. My453 practice is here in the Village and about 40% of my clients are here in the Village. With many of the people I have454 met here, speeding is an issue on most roads in Corrales. I had a conversation with one of my clients the other day455 and he said people sped up and down his road. It seems like all the letters that are proposed to Jeannine are about456 trying to single her out for the speeding, noise, etc. In Cliff who just spoke. On the statements Nelson made, I have457 never seen the trash issue, I have never seen Nelson on the street past their house until the March meeting. With458 these false accusations tonight that were leveled on Jeannine and from the last meeting; I want to ask Nelson, are459 you surprised she hasn’t come to talk to you? There is the phrase you hear often, “If someone will lie about460 anything, they will lie about everything.” I listened to the call two months ago and the reason why I wrote a letter461 and am speaking out tonight is because these behaviors are very destructive. There is a concept is coaching and462 parenting, and that is to first point out what is being done right before you say what needs to improve. With that, I463 would like to highlight the letter by Joseph. He stuck to the application and he basically said he would approve464 Jeannine for 593 because she lives on site. My wife Laura Fiori is the host at 618 and the host or co-host are always465 on-site. In general, the tone of the letters are trying to paint a picture that Jeannine’s business is bad for this street.466 Somehow none of the traffic or noise coming from the other businesses has any bearing on the noise, etc. There are467 no noises that emanate from Jeannine’s property above other properties. I am concerned about the signs that were468 put on the street.469 Mike Sorce, 1800 W. La Entrada (public comment, sworn): I am very disappointed you allowed people to speak470 and insult and call neighbor’s liars.471 Chair McCandless: Are you here to speak to this application?472 Mike Source: I have nothing to say that hasn’t already been said about this application.473 Grayson: I sent out a letter last Wednesday to every single residence on this street, I didnt realize some of them474 have post office boxes and I did get six of them returned to me today. This later stated in there what I was applying475 for, how many cars would be coming up and down the street, and that I had been doing this for the last six and a half476 years. The Ackerman have never personally come to me about their concerns. There is noise all over this street;477 there are roosters, dogs, tractors, etc. People have pointed at me for all of this but it applies to every single neighbor478 on this street. I had gone and talked to some people and they had signed my petition and Nelson came up after I left479 and told them a lot of things that were not true and then they called me and told me to take their name off my480 petition. I had a lady who wrote a letter of support for me and she called after Nelson spoke to her and she recanted.481 I had another gentleman that signed my petition and he also signed Nelsons. I fully vet (my guests) and if people482 don’t obey the posted rules and regulations I ask them to leave, I don’t keep them here. Yes, there was an incident483 back in 2017, but it was handled and quickly resolved and nothing has happened since then.484 Ron Holmes: Ms. Grayson is in full compliance with the application process. She has done the necessary request485 for the permits; she is seeking to be in compliance. She is not doing this in violation of the ordinance or the code.486 Unfortunately, this is creating a very bad situation for the neighborhood. I think if the commission approved this487 then the problem might go away. Then she has been approved, she has gone through the process, she has had the due


488 process, they have had their due process, and everyone can move on and hopefully stop putting all their refocus on489 Jeannine. The people complaining havent been complaining about other short-term rentals, just this one so it really490 has become a personal issue, not a philosophical issue on the topic of short-term rentals.491 Commissioner Morris: I have had a little confusion about the septic tank being upgraded and the property being492 changed from a three-bedroom house to a four-bedroom house? Ms. Grayson said the septic system had been493 upgraded, is that really what happened with the septic tank itself? Has the property been approved septic tank-wise494 for a four-bedroom?495 PZA Stout: When 1 originally made contact with Ms. Grayson there was a septic permit for a three-bedroom home496 at 593 Reclining Acres. She went back to NMED and whatever they asked her to do they have approved because we497 are now in possession of an NMED permit with four bedrooms. That is dated March 1 3, 2020. Yes, it has been498 upgraded in whatever way they requested.499 Commissioner Morris: This issue of overflowing trash, did I understand there will be another trash receptacle500 brought out and that maybe that won’t happen anymore? (Yes)501 Commissioner Anderson: Under the NMED paperwork it doesn’t have a drawing of where the septic system is502 located. It does say; please refer to two different permit numbers. One doesn’t come up but one does come up as of503 March of 2005, as a three-bedroom house and 1,000-gallon tank. The information that we do have from NMED is504 that it is a 1,000-gallon tank that was pumped; it is saying that it is a four-bedroom house. Then the asterisk says505 basically that it does not meet what was on the original permit but until it fails, it fails. Since the public record of the506 assessor’s office when she purchased the property in 2012, there was a building permit pulled for a residential507 addition that was pulled in November of 2013 and was closed in October 2019. The assessors office is still showing508 that there is only a three-bedroom house there, so whatever was done in 2019, it is still a three-bedroom house. It509 hasn’t been upgraded or told to the accessor’s office because they don’t look at whatever is there they just take the510 word of what is on the paperwork. We still have a problem with this and the neighbors shouldn’t have to wait until5 11 the system fails. We still have a major problem, it is designed for a three-bedroom house, it should be a three-5 12 bedroom house, the accessors office doesn’t even know it is a four-bedroom house, it is being advertised as a rental5 13 with four bedrooms.514 Chair McCandless: There is a property transfer evaluation summary; page 4, number 6, bedrooms and design flow.5 15 It asks, has the number of bedrooms or design flow increased in the number of design flows on the original and it is5 16 indicated yes.5 1 7 Commissioner Anderson: With three asterisks which say, let it happen until something fails and then we will come5 1 8 out and do something.5 19 Chair McCandless: It says, “Appropriate action shall be taken by the property owner to make sure these systems520 are brought into compliance.” The form we have appears to be filled out by the septic tank pump company and not521 NMED?522 PZA Stout: Correct, but that is typical. It is stamped March 16th, 2020 NMED Rio Rancho field office. Our523 ordinance requires that they provide a septic permit showing the number of bedrooms that are permitted by NMED524 and that is what it says.525 Commissioner Anderson: A four-bedroom is a 1200-gallon tank; this is a tank for a three-bedroom house in526 accordance with NMED.527 Chair McCandless: We have a report by Aaron Brothers Company that says that the system is functioning, it has528 been accepted by NMED.529 PZA Stout: Yes, it was stamped by the NMED field office, and then there was a permit to operate, dated March530 17th, 2020, issued by NMED to Jeannine Grayson at 593 Reclining Acres as a result of this application.53 1 Chair McCandless: NMED has approved the operation of this septic system for this house?532 PZA Stout: Correct, and it is saying with modification, I know she had to do some modifications of the leach field533 in order to get this.534 Chair McCandless: My problem is, if NMED has approved it, are we in no position to stand in the way. Who is our535 go-to source; they are the official people who award the permits.536 Commissioner Anderson: The neighborhood is stuck with the three asterisks. Aren’t we supposed to be protecting537 the water?538 Chair McCandless: If the state agency that governs the operations of septic systems says it is okay, then who are539 we to say that it is not? We haven’t inspected the system and we don’t have the expertise to do so. We have to have540 a point of authority.541 Commissioner Anderson: It is the regulations, not the people.542


543 Move to Extend meeting for half an hour: Ken Killebrew Second: Mick Harper Vote, Yes: John McCandless,544 Michele Anderson, Mick Harper, Ken Killebrew, Melissa Morris, Jerry Stermer, Sam Thompson. (unanimous)545546 Commissioner Harper: I am with Commissioner Anderson because the regulation is plain. The worker in the office547 just missed it. It is up to us to notice these things. This is one of the times we can’t say this is an approved permit.548 Chair McCandless: Do we know this approval is in error?549 Commissioner Anderson: Yes, it is in the regulations.550 Chair McCandless: The regulation you’re talking about is the size of the septic tank? (yes) Does NMED provide55 1 approval for non-standard applications? NMED approved it and we don’t have a basis for deciding that they made a552 mistake, maybe it was intentional.553 Commissioner Anderson: Maybe it was until there is a failure and a lawsuit, why do we have to go that far?554 Commissioner Harper: The worker at NMED doesn’t have the right to waive this application and contaminate our555 groundwater.556 Chair McCandless: I suspect there are nonstandard approvals all over the place, but that is speculation. There is a557 concern about the septic tank being smaller than it should be for a four-bedroom house. Yet, the leach line has been558 extended.559 Commissioner Anderson: The capacity of the tank is the only criteria.560 Commissioner Morris: Is there any way we can ask NMED to do a re-examination of this property? There may be561 a process we don’t know about. I do see the problem that we don’t have the power to decide that NMED did have562 the right to do what they did. I think they are not doing it right in a lot of cases. If there is any way to bring this to563 NMED’s attention, that might give us somewhere to hang our hat.564 Commissioner Harper: We could continue this hearing to a later date and have the applicant resolve this with565 NMED and get written clarification. It seems to be the Village of Corrales has all these regulations and approaches.566 Commissioner Thompson: I think he makes a good point and one I think will work. I have a hard time approving a567 short-term rental for four bedrooms when the capacity of the septic system is for three bedrooms. I don’t care that568 NMED has said it is okay; I need a little bit more than that. We do not want to wait until a system fails to know we569 were on the right track. If we could continue this item until we get clarification I would feel much better about it.570 Commissioner Killebrew: You looked at the permit number 015653 and you couldn’t find it?571 Commissioner Anderson: It just kept coming up as an error.572 Commissioner Killebrew: There is a real possibility the bureaucracy has not updated the existing permit number.573 My concern is we can do this and NMED can come back and go no, we were right, then what are we going to do?574 You may just get a copy of this exact paper.575 Commissioner Harper: Not if we require a written comment from NMED on their letterhead.576 Commissioner Anderson: Let them list with in accordance with, on their letterhead that they admitting this house577 is not meeting their own regulations and they are fine by it.578 Commissioner Morris: Maybe the applicant can ask her attorney to write a letter to NMED and copy the579 commission making a very specific request based on the fact that it is a four-bedroom house, is it in compliance with580 NMED regulations with a 1,000-gallon tank?581582 Move that we defer STR 21-01 pending clarification from NMED that the size of the septic system tank, at583 1,000 gallons, is in compliance with their requirement for a four-bedroom dwelling: Sam Thompson, Second:584 Michele Anderson. Vote, Yes: John McCandless, Michele Anderson, Mick Harper, Ken Killebrew, Melissa Morris,585 Sam Thompson. (6 in favor, Commissioner Stermer absent: passed)586587 STR 21-05. (Short Term Rental) Applicant Jeannine Grayson of 593 Reclining Acres request Short Term Rental588 Permit approval for two bedrooms of a three-bedroom house she owns across the street at 618 Reclining Acres with a589 rental occupancy of three adults. This property is zoned A-i Agricultural and Ru,-al Residential.590591 Jeannine Grayson: The Burn’s, Dorman and Sheri, approached me in 2016 to buy their home, extending my short-592 term rental as a selling point. I bought their home, 618 Reclining Acres, in July of 2016 through a real estate593 contract. I started short-term rentals at 618 in August of 2016. Before that, there had been an art studio and gallery at594 the property and it had been there for well over 10 years. It brought in lots of traffic, noise, street parking, and595 turning around at the cul-de-sac, bringing all sorts of transient people in during the year. At 618 the downstairs596 portion is long-term renters, they have two vehicles. The upstairs is 1- 3 short-term rental guests and there are 1-2597 cars. The septic tank complies with NMED to support three bedrooms. It is still in the Burn’s name and the Burn’s598 did write a letter stating they are aware of what Jam doing and they are in support of it as well.


599 Annette Ackerman (public comment): This is the property that does not have any trash receptacle. The tenants use600 neighboring trash cans and hers that is across the street gets overfilled and blows down the street. This is the one I601 checked with Roadrunner and they said that every home has to have trash receptacles, through the contract they have602 with the Village. Since she has owned it in 2016, she has not paid for any trash or recycling receptacles there. That603 shows you what kind of character she is, not paying the gross receipts tax for years that go to the Village.604 Anne Gibbons: I have chickens, ducks, three roosters, and two dogs. This is a rural agricultural community and I605 am allowed to have those items. What upsets me is that this is becoming personal because we are talking about606 barking dogs and roosters crowing. My concern is that we are allowing someone who has flown under the radar for a607 number of years and has not been permitted properly and continues to do so and therefore we are rewarding her.608 Laura Fiori: I am the co-host here at 618. 1 live full-time on the property and oversee all the goings-on here. I am in609 charge of the trash for 618 Reclining Acres. We have never had blowing trash from our trash cans. Yes, our trash is610 full but all the trash is secured. If there is blowing trash in the neighborhood, it is not coming from this property.611 Nelson Ackerman: Once again, safety, traffic. I understand that Mr. Holmes doesn’t see that there is a safety issue612 but he doesn’t live on our street, he has no idea what I feel or what my family feels. That is a safety issue and those613 safety items are a concern to us. All the neighbors have tried to work with Jeannine but no, we did not call the cops614 on her. It has become e a nuisance in our neighborhood. We have two short-term rentals across the street from each6 1 5 other, which are right next door to me. Her long-term rentals are attacking me personally and saying 1 am a liar. I616 merely told our neighbors to go to the website and research it for themselves. I was prompted to do that when I617 found out Ms. Grayson was completely forthcoming with them. When we did bring our concerns to her, it was61 8 blown off like it was no big deal. We have dealt with it for years and tolerated and put up with it. We finally have an619 opportunity to air our concern. I should be entitled to enjoy my property as well as she enjoys hers. Adding all these620 additional rentals has diminished my quality of the use of my property.621 Cliff Gibbons: We just want a quiet neighborhood; it doesn’t necessarily mean noise it is just the whole622 atmosphere. There are 32 signatures on the petition from homeowners on this road and nearby streets. I just don’t623 want short-term rentals. I am very concerned not just for our street but for the whole Village and in my letter, I do624 talk about the entire Village of Corrales and not just my street.625 Grayson: I have spoken with many of the neighbors about what it is I am doing and again I sent that letter out626 letting people know what I was doing. There is an additional trash receptacle that is going to be delivered on627 Thursday to handle whatever complaint that was about trash.628 Ron Holmes: There is some opposition and some support but sometimes it seems the voices of opposition down out629 the voices of support. Those seem to be louder, but it doesn’t mean they are correct. Ms. Grayson does meet the630 requirements for the code for the short-term rental of this one. There are no septic issues on this one. She has63 1 complied with the Villages application process and as Ms. Stout has said, her application is complete. We would like632 to respectfully ask the Commission to approve.633 Move to Approve 21-05 for 618 Reclining acres: Ken Killebrew.634 Commissioner Anderson: Is 618 in contract with the current waste disposal company servicing 618?635 Jeannine Grayson: Yes, it is under contract with them.636 Commissioner Anderson: You have been under contract with a disposal system since 2016 when you took over the637 real estate contract for this residence? (No) When was it?638 Jeannine Grayson: It was done yesterday.639 Commissioner Anderson: So you have not been in compliance with our collection and disposal for the Village of640 Corrales. She has not been in compliance since she took over with the real estate contract.641 Chair McCandless: Are all Villagers required to contract with roadrunner waste disposal services.642 PZA Stout: They cannot contract with anyone else but I don’t know that there is a prohibition against just taking643 things to the dump.644 Commissioner Anderson: Can you combine two residences into one trash receptacle?645 Commissioner Morris: This is the same sort of issue as saying she has been operating a short-term rental without a646 permit for so many years. That has been happening all over Corrales and we have not been punishing people for647 that, we are just trying to get it fixed and go on from there. I don’t think a trash can or not can affect our decision in648 this particular matter, since it is apparently being taken care of. That is what we want, we want people to be649 permitted, we want people to do what they are supposed to be doing when they weren’t and we are trying to fix that.650 Commissioner Harper: I am not sure that the ordinance governing short-term rentals in ColTales has been enforced651 as far back as 2016. 1 never imagined that I needed a business license when I started my business, Ijust stumbled652 onto it.


653 Commissioner Killebrew: What we are doing is giving the Village of Corrales more control over people who rent654 out short-term. We have much more control when they get a license. If we have more control and a complaint comes655 in, they get their license suspended, etc. We are getting more control by giving out these short-term licenses.656657 Motion Seconded: Mick Harper Vote, Yes: John McCandless, Mick Harper, Ken Killebrew, Melissa Morris, Sam658 Thompson. Vote, No: Michele Anderson. (5 in favor, 1 absent, 1 against; passed)659660 VII. OTHER BUSINESS661662 VIII. PZA REPORT663664 IX. COMMISSIONERS FORUM

665666 Chair McCandless: We need to discuss the survey results and we need to set up some meetings for public667 comment.668 Commissioner Thompson: I think it would be useful to set up a work-study to discuss the survey results and669 soliciting public comment.670 Commissioner Thompson: June 2’?671 Commissioner Killebrew: At 3:00 o’clock?672 Chair McCandless: June 2, at 3:00 o’clock for one hour.673674 Move to adjourn: Ken Killebrew Second: Melissa Morris.675676 X. NEXT MEETING: June 2w’, 2021677678 XI. ADJOURNMENT679

683 Laurie Stout, Planning and Zoning Administrator Date


STR 21-07, Short-Term Rental, 108 Camino de Ia Tierra, Staff Summary

Applicant Carol Akright of 108 Camino de la Tierra is requesting residential Short-Term Rentalpermit approval using one bedroom of her 2,135 square foot three-bedroom home, with a rentaloccupancy maximum of two adults and one child 12 and under. This .9-acre property is zoned A-iAgricultural and Rural Residential.

Residential Short-Term rentals are governed by Village Code Section 18-45 (g):

(a) (Indicate) the maximum number ofoccupants and vehicles that the dwelling i/nit and any accessoi-vstructures can accommodate. There can be no more than six guest rooms on a residential short—tern,rental property.

Maximum of 3 total adults and one child on the property including the applicant. Ms. Akright inhabitsone of the bedrooms. Another bedroom has been converted to an office. The short-term rental itself (onebedroom) is limited to 2 adults and one child under 12, per the narrative provided. Ms. Akright canconfirm under oath that she intends to use only one bedroom for the short-term rental.

I visited the site and the parking shown is realistic. There is a wide, long driveway with an additionalbump-out area where another car can be parked. The requirement of three total spots for the resident andrental guests is met.

(b) A Google map or similar showing the entire property, all roads which abut the property and at least25 feet ofadjacent properties, sho’ii’ing on-site parking and areas subject to the short-tern, rentalbusiness.

Aerial view provided; with area of the home being rented (approximately 1,000 square feet of 2,135square feet) and long driveway with pull-out shown. Three total parking spaces are required by ordinancefor all uses, and are available.

(c) Floorplan showing all bedrooms within the d’o’elling unit and any accessomy structure(s on theproperty. (Provided.) One bedroom in the owner’s portion of the home was converted to an office,and she uses one bedroom. The remaining bedroom will be used for the short-term rental business.

(d) Of/street parking as required by Section 18—39 (3,) Short-term rental lodging establishments.Provided; driveway plus pull-out section shown on aerial view; 2-3 spaces plus owner parkingavailable on property as stated in her narrative.

(e) A valid septic pernnt for the properly, showing the number ofbedrooms permitted by the State to theseptic system on the property.

(Provided; septic system is permitted for three bedrooms.)

(f) The name, mailing address, email address, and contact phone numbers (‘including 24—ho uremergency contact nunthers,) oft/ic owner oft/ic properly for ihich the permit will be issued.Provided; Ms. Akright lives on site and is the owner.

(g) The name, mailing address, email address, and contact phone numbers (including 24—houremergency contact numbers, of the operator and the local contact person for the oitner oft/icresidential rental.Provided; Ms. Akright is the operator of the rental located on her property.

(h) Short-term rental permit application fee. (Paid.)

(i) A valid New Mexico gross receipts tax numberfor the operator. (Provided.)

The applicant has acknowledged in writing on the application form that the short-term rental is to be usedfor overnight accommodations only and not for hosting events; and that a fire inspection and Village ofCorrales business license will be required. All short-ten rental applicants also acknowledge that theshort-term rental should not create nuisances detectable from adjacent properties.

I observed the yellow “notice” sign properly posted at the front of the property on June 2, 2021.

Recommendation: Approve STR 21-07. Application is fully compliant with Village of Corrales CodeSection 18-45 (g).

Laurie Stout, Planning and Zoning Administrator Date

Lc2L /6T/47/6n7/W- z-- t

R1c’tp

CORRALES, NEW MEXICO 87048PHONE (505) 897-0502

FAX (505) 897-7217

VILLAGE OF CORRALESEMAIL: Lstoutcoffales-nm.orgWEBSITE: ww.coffa1es-nm.org

Application for Short Term Rental Permit

Everyone who operates or plans to operate a short term rental at any location within the A-i, A-2, or Hzones of the Village of Corrales must obtain a Short Term Rental Permit (STR) issued by the Village.(Ch.i8 Sec. 18-45(g), Codified Ordinances of the Village of Corrales.). To obtain an STR you must followthese procedures:Instructions:

1. Fully and accurately complete the application and attach ALL the following:

The maximum number of occupants and vehicles that the dwelling unit and anyaccessory structures can accommodate. There can be no more than six total guestrooms on a residential short-term rental property and no more than two occupants perbedroom being used as a short term rental. Children twelve (12) and under stayingwith a parent or guardian are not covered by the occupancy limit if the size of theroom accommodates it and it is allowed by the owner or operator of the dwelling unit.

Jfb) A Google map or similar map showing the entire property, all roads which abut theproperty and at least 25 feet of adjacent properties, indicating the on-site parking andareas subject to the short-term rental business.

Jc) Floorplan showing all bedrooms (not just rentals) within the dwelling unit and anycasita or other accessory structure(s) on the property.

J’d) Off-street parking required, with at least one parking space per bedroom on theproperty.

A valid septic permit for the property, showing thç erofbedroonis permitted bythe State to the septic system on the property.

The name, mailing address, email address, and contact phone numbers (including 24-hour emergency contact numbers) of the owner of the property for which the permitwill be issued.

The name, mailing address, email address, and contact phone numbers (including 24-hour emergency contact numbers) of the operator and the local contact person for theowner of the residential rental.

Short-term rental permit application fee.

A copy of your valid New Mexico CRS ID certificate. An application without theserequired attachments is not complete.

2. Submit the application, $150.00 fee and nine (9) copies of all required materials, toPlanning & Zoning. If the application is complete, the administrator will schedule ahearing by the Planning and Zoning Commission within 40 days of a 100% completeapplication. If the application is not complete, it will be returned and will not be set forhearing until resubmitted in a complete form.

Short Term Rental Permit Page 1 of 4 Created 11-27-2019 Updated October 2020

3. You will post an easy-to-see notice (yellow sign), which you must obtain from the Village, for fifteen (15) days prior to the meeting when your application will be heard.

4. Attend the hearing and be prepared to answer questions.5. Obtain a Village business registration ($35 fee annually), if your STR is approved by

the Commission.If you have any questions about filling out the form or about the process, please phone, email or make an appointment to see Planning and Zoning. We are here to help.

GENERAL INFORMATION

Address of Short-Term Rental Jo j’ ,,-t.Id )C LA 77e,z 2,4 ,‘t)(AJC4tcP<f) VU-r? f C/<f

Name of Property Owner z/,4L: fl Date 9- -7- /

Physical Address: 1O( ‘r’/’tJO e4 77edA9 aIZ / 6117Number Street Email

Mailing Address 1041> (,., i€i j) Cit 11Jtate -1--Number Street

24-hour Emergency Contact Phone (jcco) pt <tj — I?-S

Name of Operator L ,4I.442.J 6 Date 9— 7— /

Physical Address:

______

Number Street Email

Mailing Address City StateNumber Street

24-hour Emergency Contact Phone _S) PO 9-S

STR Property Legal Description: / c 4471 J 1L2C1Sp

No.: —

Lo or tract Block Subdivision

Acreage:

__________

Zoning: /Does the owner reside on the property? Yes_____

_____

If the operator is not the property owner, they MUST attach a letter signed by the owner grantingapproval for the proposed short term rental use. -

‘ / i /Vo 11.ic_-’)Total Square Footage of Home: SJ Gr—c1, I crc(Exclude Garage unless part of STR) Square Fee I’

I9i -jHow many square feet of the home will you use for the STR? JICJ() dc

Will you use Accessory Structures for your short term rental? Yes

________

No_______If yes, how many square feet of Accessory Structures will you use for your STR?

What is the name of your business? frt-i1j Oi /L/G S”ai-r-. t2g— /7z.f €L_C

How many guest bedrooms will be rented on the property? /Short Term Rental Permit Page 2 of 4 Created 11-27-2019 Updated October 2020

Wi)

(you must provide a valid septic permit issued by NMED showing the number of bedroomspermitted on this property)

Will there be any employees who are not residents of the property? Yes — No —

The statements below track the requirements of the Village Code section governing STRpermits. (Chapter 18-45(g)). By initialing these items, you certify that you meet these criteria and will abide by them if your STR is approved. Violating these requirements mayresult in revocation of your short term rental permit, fines, and/or other penalties.

INITIAL EACH APPLICABLE ITEM. (Do not use “X” or a check mark.)

CThere can be no more than six guest rooms on a residential short-term rental property.

_____

All parking must be on the property (off street.) There must be at least one parkingspace per bedroom on the property.

Short term rental permits are designed to allow overnight accommodations, with orwithout breakfast service, to registered overnight guests. No property for which a shortterm rental permit has been issued shall be used as an event center for parties, weddings orother gatherings. This is a condition of the issuance of a short rental permit which thepermit holder accepts upon issuance of the permit by the Village. In addition to otherpenalties under the Village Code, a violation of this condition may result in the revocationof the short term rental permit.

Cd. A business license is required for anyone conducting business within the Village ofCorrales.

<Z..e. A fire inspection will be required, and the property must be compliant with the FireCode.

_____

f. A lodger’s tax registration number for the property will be required and lodger’s taxmust be paid.

(CL—g. Operation of the STR should not create nuisances detectable from adjacent properties.

Commission approval. The Planning and Zoning Commission may approve a short-term rentalpermit if the Commission finds that the applicant has met the requirements of Section 18-45 (g).The Commission may add such additional conditions or limitations upon the permit which maybe appropriate to minimize any potential adverse impacts upon surrounding properties.

Appeal Process. An applicant or person who is aggrieved by the decision of the Planning andZoning Commission may appeal the decision to the Governing Body by written notice to theClerk of such appeal, to be made within ten (10) days of the date of the decision by the Planningand Zoning Commission. The matter shall be referred to the Governing Body for hearing at aregular or special meeting in the usual course of business. The decision of the Governing Bodymade thereof shall be expressed in writing; and the action shall be deemed final.

Penalties for violation of requirements of subsection (g) of Section 18-45.I certify that I meet the above requirements and will abide by them. I understand that Imay lose my short term rental permit and business license if I violate any of theserequirements. I also understand and agree that any representation made by me in


connection with this application, whether orally or in writing, is deemed to be a conditionof the short term rental permit, and violation of such condition may result in loss of myshort term rental permit and business license.

Signature of Applicant: (L 7ALy Date: V- Z/

PLAN11NG & ZONING OFFICE USE ONLY

Received By:

_______________Date

Received: - File No.: STR -

Amount Paid: ) ) E Cash Check No.: 2 L. Credit Card_______Receipt No.:

__________

Application Reviewed and certified complete by:_____________ Date: 4 — 7 21

Planning and Zoning Commission Approval/Denial:

APPROVED with the following conditions, if any:

Village Approval: Date:_________________

Administrator (hearing date, if applicable)

Ninety Day Business License Application Deadline:

DENIED with the following findings:

Denial: Date___________________


VILLAGE OF CORRALES

APR 72021

PLANN;NG & ZONiNG


4/7/2021 Mail - [email protected]

Maximum Occupancy for 108 Camino de Ia Tierra, NW Corrales, NM -

per application for Short-Term Rental Permit--Carol Akright--ltem 1(a) ofPermit Application

[email protected]

Wed 4/7/2021 1:03 PM

To:Plaflfliflg <[email protected]>;

To Sevon Hall and Laurie Stout,

Per our conversation today, here is the paragraph you need re: occupancy for my property, which addresses Item 1 (a) of myapplication for a Short Term Rental Permit.

“For my short-term rental permit, this is to notify you that there will be a maximum of 2 adults plus one child age 12 andunder, staying at my property, in addition to myself, the owner of the property during any short-term rental. Therefore, therewill be a maximum of 3 adults on the property at any one time.

As for vehicles, my driveway easily accommodates 2-3 vehicles besides my own. This can be seen by the drawings of my Lot125 that accompany this application.

As discussed today, I only rent out one bedroom in my home, as the other two bedrooms are my own master bedroom andmy office.The guests have their own bathroom.

The square footage of my home’s interior space is 2135 square feet. This footage excludes the garage and outdoor coveredpatio on the Northeast corner of the residence.1000 square feet of that interior space is usable by any short-term rental guests.”

Thank you for your consideration of my permit application.

Sincerely,

Carol Akright,, Owner108 Camino de Ia Tierra, MWCorrales, NM 87048(505) 850-2975

https://mail.corrales-nm.org/owa/#path=/maiI 1 /

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TAXATION Audit & Compliance Division Michelle Lujan Grisham

REVENUE Albuquerque District Governo,

4 E W M B X I C 0 Stephanie Schardin Clarke

Cabinet Secretary

CAROL R AKRIGHT March 12, 2021

FUNDING YOUR DREAMS, LLC CRS: 03-547235-00-9

108 CAMINO DE LA TIERRA Letter ID: L1868886448

CORRALES, NM 87048

SrATE OF NEW MEXICO TAXATION AND REVENUE DEPARTMENTREGISTRkTION CERTIF1CATE..

This Registration Certificate is issued pursuant to Section 7-1-12 NMSA 1978 for Gross Receipts, County Gross Receipts,Municipal Gross Receipts, Compensating and WithholdingTaxes. This copy must be displayed conspicuously in the placeof business. Any purchaser of the registrants business issubject to certain requirements under Section 7-1-61 NMSA1978.

Cabinet Secretary

By___

Any inquiries concerning your Identification Number should beaddressed to the Audit & Compliance Division, P.O. Box 630,Santa Fe, New Mexico 87504-0630

STATE OF NEW MEXICO TAXATION AND REVENUE DEPARTMENT

REGISTRATION CERTIFICATE

This Registration Certificate is issued pursuant to Section 7-1-12 NMSA 1978 for Gross Receipts, County Gross Receipts,

icialTaxes, This copy must be displayed conspicuously in the placeof business. Any purchaser of the registrants business issubject to certain requirements under Section 7-1-61 NMSA1978.

Cabinet Secretary

— _-_-.c_ - -- -

Any inquiries conceming your Identification Number should beaddressed to the Audit & Compliance Division, P.O. Box 630,Santa Fe, New Mexico 87504-0630

THIS CERTIFICATE IS NOT TRANSFERABLE

By


atLO4 v39

10996087808047

Laurie Stout

From: [email protected]: Thursday, May 20, 2021 4:16 PMTo: Laurie StoutSubject: P and Z Meeting of June 16, 2020

David Bartolomel and Marlene Ember-Bartolomei

We are against any and all Short Term Rental Permits by Carol Akright and Jan Fiala.

We are against against the Site Development by Joan Lewis for Short Term Rentals.

We are also against the replacement of the Flagpole cell tower. It is fine as it is and replacement would be a waste ofmoney.

Marlene Ember-BartolomeiDavid Bartolomei56 Calle BonitaCorrales

1

STR 21-08, Short-Term Rental, 416 Camino Arco Iris, Staff Summary

Applicant Jan Fiala of 416 Camino Arco Iris is requesting residential Short-Term Rental permitapproval using up to two bedrooms of his 3,600 square foot 3-4 bedroom home, with a rental occupancymaximum of four guests. This .758-acre property is zoned A-i Agricultural and Rural Residential.

Residential Short-Term rentals are governed by Village Code Section 18-45 (g):

(a) (Indicate) the maximum number of occupants and vehicles that the dwelling unit and any accessorystructures can accomnmnodate. There can be no more than six guest rooms on a residential short—termrental property.

Maximum occupancy of four occupants plus Mr. Fiala. Mr. Fiala inhabits one of the bedrooms. Anotherbedroom has been converted to a solarium as shown. The short-term rental itself (two bedrooms, oneupstairs and one down) is limited to 4 total guests, per the narrative provided. Mr. Fiala can confirm underoath that he intends to use two bedrooms for the short-term rental.

The narrative states that the owner parks along the north side of the home, while a three-car carport existson the “rental side”. The requirement of three total spots for the resident and rental guests is met.

(b) A Google map or similar showing the entire property, all roads which abut the property and at least25 feet of adjacent properties, showing on-site parking and areas subject to the short-term rentalbusiness.

Aerial view provided; with owner parking and separate driveway with carport shown. At least three totalparking spaces are required by ordinance for all uses, and are available. Areas subject to the short-termrental can best be seen on the floorplan.

(c) Floorplan showing all bedrooms within the dwelling unit and any accessomy structure(s,) on theproperty. (Provided.) One bedroom in the home was converted to a solarium, and the applicant usesone bedroom. The remaining two bedroom will be used for the short-term rental business.

(d) Off-street parking as required by Section 18-39 (3,) Short-term rental lodging establishments.Provided; can be seen on the aerial view.

(e) A valid septic penn it for the property, showing the number ofbedrooms permitted by the State to theseptic system on the properti’.

(Provided; septic system is permitted for four bedrooms. Mr. Fiala attests that only three bedrooms willbe utilized in the home for all uses, including his occupancy there.)

(f The name, mailing address, emnail address, and contact phone numbers (including 24-houremergency contact numbers,) of the owner of the propertyfor which the permit will be issued.Provided; Mr. Fiala lives on site and is the owner.

(g) The name, mailing address, email address, and contact phone numbers (including 24—houremergency contact numbers,) of the operator and the local contact person for the owner of theresidential rental.Provided; Mr. Fiala is the operator of the rental located on his property.

(h) Short-term rental permit application je. (Paid.)

(i) A valid New Mexico gross receipts tax number for the operator. (Provided.)

The applicant has acknowledged in writing on the application form that the short-term rental is to be usedfor overnight accommodations only and not for hosting events; and that a fire inspection and Village ofConales business license will be required. All short-term rental applicants also acknowledge that theshort-term rental should not create nuisances detectable from adjacent properties.

I observed the yellow “notice” sign properly posted at the front of the property on June 2, 2021.

Recommendation: Approve STR 21-08. Application is fuily compliant with Village of Corrales CodeSection 18-45 (g).


4324 CORRALES ROADCORRALES. NEW MEXICO 87045

PHONE (505) 897-0502FAX (505) 897-7217

VThLAGE OF CORRALESEMAIL: Lstout@ corrales-nm.orgWEBSITE: www.corrales-nm.org

Application for Short Term Rental Permit

Everyone who operates or plans to operate a short term rental at any location within the A—I , A—2, or Hzones of the Village of Corrales must obtain a Short Term Rental Permit (STR) issucd by the Village.(Ch.18 Sec. I -45(g). Codified Ordinances of the Village of Corrales.). To obtain an STR you must followthese procedures:

Instructions:Fully and accurately complete the application and attach ALL the following:

(a) The maximum number of occupants and vehicles that the dwelling unit and any

accessory structures can accommodate. There can be no more than six total guest

rooms on a residential short—term rental property and no more than two occupants perbedroom being used as a short term rental. Children twelve (12) and under staying

with a parent or guardian are not covered by the occupancy limit if the size of the

room accommodates it and it is allowed by the owner or operator of the dwelling unit.

(b) A Google map or similar map showing the entire property, all roads which abut the

property and at least 25 feet of adjacent properties, indicating the on-site parking and

areas subject to the short—term rental business.

(c) Floorplan showing all bedrooms (not just rentals) within the dwelling unit and any

easita or other accessory structure(s) on the property.

(d) Off—street parking required, with at least one parking space per bedroom on the

property.

(e) A valid septic permit for the property, showing the number of bedrooms permitted bythe State to the septic system on the property.

(f) The name, mailing address. email address, and contact phone numbers (including 24—

hour emergency contact numbers) of the owner of the property for which the permit

will be issued.

(g) The name, mailing address. email address, and contact phone numbers (including 24—

hour emergency contact numbers) of the operator and the local contact person for the

owner of the residential rental.

(h) Short—term rental permit application fee.

(i) A copy of your valid New Mexico CRS ID certificate. An application without these

required attachments is not complete.

2. Submit the application, S 150.00 fee and iiine (9) copies of all required materials, toPlanning & Zoning. If the application is complete. the administrator will schedule ahearing by the Planning and Zoning Commission within 40 days of a 100% completeapplication. If the application is not complete, it will be returned and will not be set for

hearing until resubmitted in a complete form.

(‘retl 11—77—70101 nbtl ( tc\hr 711(1

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3. You will post an easy-to-see notice (yellow sign). which you must obtain from the Vil

lage, for fifteen (15) days prior to the meeting when your application will be heard.

4. Attend the hearing and be prepared to answer questions.

5. Obtain a Village business registration (535 fee annually), if your STR is approved by

the Commission.If you have any questions about filling out the form or about the process, please phone, e

mail or make an appointment to see Planning and Zoning. We are here to help.

GENERAL INFORMATION

Address of Short-Term Rental LH0 JrNIftJ 4.cLiJ i RIName of Property Owner 4AJ Ft Fri—I) Date s/icJ 2.o2_I

Physical Address: l’p ito iic, hohq&eNumber Street ‘Email

Mailing Address 4i1 iIt4,MO iic City4 State M 7o(fNumber Street

24-hour Emergency Contact Phone 5’o 5’ — o 0

Name of Operator YI4A) F! Ft-ft Date________

PhysicalAddress: Lff H//VV 4tQ CMiI Q$l’. L-i€7Number Street cmail

Mailing Address LflfrTIA)O A?Q i CityState 7O CfNumber Street

24-hour Emergency Contact Phone

i-Il’STR Property Legal Description: 3 Map No.:

Lot or tract Block Subdivision

Acreage:

__________

Zoning: I

Does the owner reside on the property No_______If the operator is not the property owner, they MUST attach a letter signed by the owner granting

approval for the proposed short term rental use.

Total Square Footage of 1-lome:(Exclude Garage unless part of STR) Square Feet

How many square feet of the home will you use for the STR? 2. OO

Will you use Accessory Structures for your shoi’t term rental? Yes

____________

No

If yes, how many square feet of Accessory Structures will you use for your STR?

________

What is the name of your business? fr1i I4POg cj’/P4 w,rH (nt.j

How many guest bedrooms will he rented on the property?

Short Term Rental Permit Page 2 of 4 Created It -27-2019 Updated October 21

(you must provide a valid septic permit issued by NMED showing the number of bedrooms

permitted on this property)

Will there be any employees who are not residents of the property? Yes

The statements below track the requirements of the Village Code section governing STR

permits. (Chapter 18-45(g)). By initialing these items, you certify that you meet these cri

teria and will abide by them if your STR is approved. Violating these requirements may

result in revocation of your short term rental permit, fines, and/or other penalties.

INITIAL EACH APPLICABLE ITEM. (Do not use “X” or a check mark.)

•a. There can be no more than six guest rooms on a residential short-term rental property.

______

b. All parking must he on the property (off street.) There must he at least one parking

space per bedroom on the property.

c. Short term rental permits are designed to allow overnight accommodations, with or

without breakfast service, to registered overnight guests. No property for which a short

term rental permit has been issued shall be used as an event center for parties, weddings or

other gatherings. This is a condition of the issuance of a short rental permit which the

permit holder accepts upon issuance of the permit by the Village. In addition to other

penalties under the Village Code. a violation of this condition may result in the revocationof the short term rental permit.

_____

d. A business license is required for anyone conducting business within the Village ofCo rra les.

e. A fire inspection will he required, and the property must be compliant with the Fire

Code.

_____

f A lodger’s tax registration number for the property will he required and lodger’s tax

must be paid.

g. Operation of the STR should not create nuisances detectable from adjacent properties.

Commission approval. The Planning and Zoning Commission may approve a short—term rentalpermit if the Commission finds that the applicant has met the requirements of Section 18—45 (g).

The Commission may add such additional conditions or limitations upon the permit which may

be appropriate to minimize any potential adverse impacts upon surrounding properties.

Appeal Process. An applicant or person who is aggrieved by the decision of the Planning andZoning Commission may appeal the decision to the Governing Body by written notice to the

Clerk of such appeal, to be made within ten (10) days of the date of the decision by the Planningand Zoning Commission. The matter shall be referred to the Governing Body for hearing at aregular or special meeting in the usual course of business. The decision of the Governing Body

made thereof shall he expressed in writing; and the action shall be deemed final.

Penalties for violation of requirements of subsection (g) of Section 18-45.

I certify that I meet the above requirements and will abide by them. I understand that I

may lose my short term rental permit and business license if I violate any of theserequirements. I also understand and agree that any representation made by me in

Short Term Rental Permit Page 3 of4 Created 1.1-27-2019 Updated October 20:

connection with this application, whether orally or in writing, is deemed to be a condition

of the short term rental permit, and violation of such condition may result in loss of my

short term rental permit and business license.

Signature of Applicant:

___________________________________________

Date:

__________

PLANNING & ZONING OFFICE USE ONLY

Received By:

____________

Date Received: 427’1 File No.: STR 1- ôg

Amount Paid: I S fl Cash Check No.: 4 Credit Card

Receipt No.:

_________

Application Reviewed and certified complete by:_________________ Date: 4

Planning and Zoning Commission Approval/Denial:

APPROVED with the following conditions, if any:

Village Approval:

_________________________________________________

Date:___________________

Administrator (hearing date, U applicable)

Ninety Day Business License Application Deadline:

_______________________________________________________

DENIED with the following findings:

Denial: Date_______________________


VILLAGE OF CORRALES

APR 27 21)21

PLANN & ZONu#,c

Short Term Rental Permit Page 4 of 4 Created 11-27-2019 Updated October 2()2

April 10, 2021

Charming Adobe Hacienda with Views416 Camino Arcos Iris, Corrales

Owner: Jan Fiala

Part of the house that can be rented has two bedrooms.The maximum occupancy is four guests. There is also aself-contained owner apartment with a separate entrance.There is a three-car carport. The owner parks in the

driveway on the property on the North side of the house.The septic system on the property was permitted by theState in 2007 for four bedrooms (1,250 gallons).

• .•-‘- -

. —I

Google ...‘13’N 106°37’57”W) 1 mi

Floorplan by Deborah Bollesww;:CI 1orpians.con505-480-1080

416 Camino Arco Iris, CorralesTotal Approximate Heated Living Area: 3525 sq ft

416 CaminoArco Ins, CorralesflRST FLOORAPPROXIMATE HEATED LIVING AREA

2949 sq II

--Disclaimer--All room sizes and total square

footage are approximate: all squarefootage calculations are based on

visible construction: some discrepanciesmay exist due to measurementvariations. Preparer is NOT an

appraiser, has not had any professionalappraiser training and as such is not

liable for discrepancies. Plan isdiagrammatic and it’s only purpose is to

provide a basic layout of the subjectproperty.

416 Carnino Arco Iris. CorralcsSECOND FLOORAPPROIXIMATE HEATED LIVING AREA

576 sq ft

BUlLDIN( SEWERa. Correct Size coo Matena1 20.1.3.81 3,Cb. — equired Cleanouts Present. lnStd Correcfy & D Finish Greoe 20. 7.3.8t

Pipoat CorrectGmde (1 I8 to 1I4 per toot) 20.7.3.813i

2. PRE-TRFNTa.b. instalt€d as per Plans or Manjfacwrers nstrjctions 20.7 3.40 1.,

j SEIC TANK I SEC./TERT. T TMENT UNITConcrete P1astlEiharglass Se..iTri. reatrneot Unit

LocatedasperSit&Ptan 20./.3.451.? /Correct Setbacks 20.7,3.302. Tab/e 302.1 . IZSQ9 q,lark CertThed; Correctly Labeled 20.7.3.501; 20.7 3.’0/.B.4Tank Ccnecfiy Oriented, Level & Depth EoGraoe 20.7.3.301J.7

I Ouflut Pipes Sealed & WaterughtIc/er / Quiet EafCe or Tee with Brer.ch _ienong 2’ f.l.nimurn LiqLhd LeveEtfiuCril F/tor beta/leo, Risor to GraceTcak & Fivings Carrecdy VerriecConcrete Tenk’ Coated & Maten Correot OR Type V CuricretCu/el PipeCorrect Size & MaterialMairhotes Cccrecdy Sized & LocatedlAanhoi eie iv Grade, Oiaroctec, Seoure Lids & Cc.elecTank losteled per Mnotactures InstructionsAdvanced Treanent Unit Insialied par t’1anuIwurar’s lnsirucbcnsWater Tightness Test CDOdUCtCdWtar SuftenerCecr.atgc eypesslng AFUOthecSURGE, PUMP AND 1{OL1)IG TANKS[1 Sirge Tank Pump Tank [1 Holding Tank C OlnerCorrect Sizeniet/Oufet SCaed Correctly

Purnps) & 71em’a nete/ed or seperc’o circuits, properly set and coatedManholes, Risers, Lids Correct anti Water i;gnt

• Ifinstalleci and meets ctran1ensNil Not iepeeredNIA - Not app1icb1N/C

- Not CrnpliartNIV- Not VerifiedA/P - Ac ProposedNIT - Not Tasted EX - Exrrt

Correctly sized disposal areaCorrect SetbacksExcavation at Correct GradeCorrect Spec/rig Eetvieen Trenches or 8edsSmeared Soils Not Present or. Trench or BedCotrac: Aggregate; Type Size. Clean and rnoLr.1Correct Depin ot Aggregate Abcve no e1ow PipeCorrOct Pipe; 2-hole, 4 Minimum Diamaler, End CapsAggregate Covered with Approved MaterialPipe Covered wiih GeotexSe Fbr/c in Place or ggrega1elr.spacliorb Pen(s), CappecOther.Spae Pits:Underside of lid coated; riser provided s requiredDomed cos 8-s covered with mcumum 2 concreteB/ckor bleed laid nd to end with stagoerad tight oilsSide well inlet properly venteewet/outlet linings sealed

8. GIS COOIWINATESVieil at

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Sys Iet_..._ lcng_Elsie

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. COMMENTS/VIOL4TIONSConlinued or alIenee Sheetla)‘-27 id 5/c-.2,,/r

I/ injtariprov’’1/ /estahat’iori Approvcd w/coiidiiiou (See

) Cornmenrs/Vioiarion)/ C irisrutlaiiun Nub .kppruVcd (Sic

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1 10. FiaiApprovaI‘ 45,4. Gririred Nor Gritcitci

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I certify chat th/s /iqu/d waste system wasistaiieci in ,nccorthinne with he perm/tapproved by Nii’IID. un1cx üLhitwie notedit: Commence Sectior: above

+T8ESTLLSOS OHDNtI OI G3NN:NOd 9P0T 8Oø2INU

STATE OF NEW MEXICOENVLRQNMN1 DEPARTMENT

ENVlRONMENTAL c/EALTH DIVISIONONSITE LQU1D WASTE SYSTEM INSPCT1ON

NMEO Permit No: Appticants Name. -

Type 01 inspection; IN1IIAL FINAL REINSPECTION flCOIVtPLAINT OThER c ,‘V/lC.

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TAXATION0REVENUE

N E W Ni E X I C 0

Audit & Compliance DivisionAlbuquerque Districi

Michelle Lujan Grisham

Governor

Stephanie Schardin Clarke

Cabinet Secretari

CHARMING ADOBE HACIENDA WITH VIEWS416 CAMINO ARCO IRISCORRALES. NM 87048

April 13, 2021CRS: 03-549733-00-5

Letter ID: LI 96972792C

This Registration Certificate is issued pursuant to Section 7-1-12 NMSA 1978 for Gross Receipts, County Gross Receipts,Municipal Gross Receipts, Compensating and WithholdingTaxes. This copy must be displayed conspicuously in the pieceof business. Any purchaser of the registrants business issubject to certain requirements under Section 7-1-61 NMSA1978.

Cabinet Secretary

Any Inquiries concerning your Identification Number should beaddressed to the Audit & Compliance Division, P.O. Box 630,Santa Fe, New Mexico 87504-0630

STATE OF NEW MEXICO TAXATION AND REVENUE DEPARTMENTREGISTRATION CERTIFICATE

This Registration Certificate is issued pursuant to Section 7-1-12 NMSA 1978 for Gross Receipts, County Gross Receipts,Municipal Gross Receipts, Compensating and WithholdingTaxes. This copy must be displayed conspicuously in the placeof business. Any purchaser of the registrants business issubject to certain requirements under Section 7-1-61 NMSA1978.

Cabinet Secretary

By

Any inquiries concerning your Identification Number should beaddressed to the Audit & Compliance Division, P.O. Box 630,Santa Fe, New Mexico 87504-0630

STATE OF NEW MEXICO TAXATION AND REVENUE DEPARTMENTREGISTRATION CERTIFICATE

Date ID tssued IDENTIFICATION NUMBER Business Start Date

10-Apr-2021 03-549733 10-Apr-2021Business Location .. . “ - i.. Business End Date

416 CAMINO ARCO IRIScity and State ‘s

. p codeCORRALES, NM / .. 048Taxpayer Name i - ayer TypeJAN FIALA ( PRIETOR

Firm Name F .jN ‘*‘I, II Frequency

CHARMING ADOJE HAXENDA WITHasonat

Mailing Address- - . 7

416 CAMINO ARCOCity and State .‘.n’ Zip Code

CORRALES, NM 87048Form Revised 02/2003

By 2L


Date ID Issued IDENTIFiCATION NUIIBER Bus,fless Start Date

10-Apr-2021 03-5433’x. 10-Apr-2021Business Location ‘

u. /‘ ‘i Business End Date

416 CAMINO ARCO IRXS\ “xe

city and State ... 5CORRALES, NM / /?,\4\ 8 048TaxpayerName

...5 ayerType

JAN FIALA R PRIETOR

.- -

Firm Name - . J Ii Frequency

CHARMING ADOB HAcII(DA wrrE asonal

flailing Address“‘—

416CAMINOARCOIR,’— .—., /City and State —. Zip CodeCORRALES, NM —‘ 87048

Form Revised 02/2003THIS CERTIFICATE IS NOT TRANSFERABLE

atLO4 v39

10293904584034

Laurie Stout


David Bartolomei and Marlene Ember-Bartolomei





1

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Site Development Plan SDP 21-03, Crown Castle, Replacement Cell Tower at Fire

Station #1, 4920 Corrales Road, Staff SummaryApplicant Crown Atlantic Company, LLC and Romano and Associates, LLC request Site Development Plan approval toremove the existing 70 foot “flagpole” style cell tower at 4920 Corrales Road (in front of Fire Station #1) and replace itand relocate with an 85 foot “tree” style cell tower behind the fire station building on the south side of the property.This property is zoned M — Municipal.

Site Development Plan applications specific to Wireless Facilities are governed by Article VI. Telecommunications

Facilities, which begins in Village Code at Section 18-201. Wireless telecommunications facilities are a permissive useon Municipal properties, per Section 18-207. Originally, this application was to have been heard end of 2019 or early2020, but Covid-19 and other considerations pushed it forward. While most documents provided by the applicant didnot need revision, the Village requested an updated NIER (radio-frequency report) and review of the engineering(structural report), both of which were done. A town hall meeting was held in July 2019 whereby Crown Castle staff,including their engineer, flew out to Corrales and met with members of the public to answer questions. Certifiedletters were sent to all within 300 feet of the proposed tower at that time, and approximately 20 neighbors did attend.The Village did not ask Crown Castle to repeat the town hall.

Section 18-206. Permits (d) (2) Application for new tower (in this instance, replacing an existing tower at a newlocation on the Fire Department property):

a. Name, address, telephone number and email address of the applicant, the owner of the real property uponwhich the Wireless Telecommunications Facility will be located, the owner of the proposed tower or structure,and the owner and operator of any antennas or other telecommunications facilities to be located on the tower orother structure, to the extent known at the time of application.Applicant and Owner: Crown Atlantic Company LLC, 2000 Corporate Drive, Canonsburg, PA 15317.Heath Reed, Site Development Project Manager. Phoenix, (480) 862-4723, [email protected] by: Romano and Associates, LLC, 8100 Wyoming Blvd. NE #M4-167, Albuquerque, NM 87113,(505) 750-0735, (Nicholas Romano) [email protected] of real property: Village of Corrales, 4324 Corrales Road, Corrales, NM 87048, which will also operate afire communications antenna on the structure.Operator(s) on tower: Verizon Wireless, 126 W. Gemini Dr., Tempe, AZ 85283. Also, proposed in a Varianceapplication, Village of Corrales Fire Department, radio communications antenna.

b. A copy of the lease agreement or other documentation establishing the right to erect the tower or otherstructure on the property, if the Wireless Telecommunications Facility is not owned by the owner of the realproperty.A ground lease agreement was signed and finalized between the Village of Corrales and Crown AtlanticCompany in April 2021. Village Administrator Ron Curry signed for the Village. A copy of the lease agreement isin the ePacket material and on the website. In addition, a hard copy of this and all other required SiteDevelopment Plan documents is available for inspection in the Village of Corrales Planning and ZoningDepartment office.As part of the lease agreement, the Fire Chief requested several items of Crown Castle that they’ve agreed to:replace a portion of the crumbling wall between the Fire Station and Sherrod Court on the south side, erect a35-foot flagpole, replace an existing chain-link gate with an industrial/commercial grade security metal gate,move a shed on the fire department property and provide a 5’ foot telecommunications antenna (referenced inthe Fire Department’s Variance to height request which is a separate agenda item.)

c. Design drawings, elevations and specifications prepared by a structural engineer licensed in the state of NewMexico showing the proposed Wireless Telecommunications Facility, including all antennas and other elementsto be located on the facility. A signed and stamped set of drawings is in the epacket material and on the website,prepared by Vector Engineers, Brett D. Veazie Professional Engineer, dated August 5, 2020.

d. A narrative description showing the need for the new Wireless Telecommunications Facility or the new antennasor other elements to be located on the Wireless Telecommunications Facility, how the new antenna or otherfacility will be integrated into the applicant’s telecommunications network, or how the new Facility or newantenna or other elements, if approved, will improve the availability or reliability of telecommunications servicesin the Village.

This proposed 85’ tree-style cell tower will replace an existing 70’ flagpole-style tower on the Fire Departmentproperty, now located along Corrales Road and proposed to now be behind the Fire Station building itself. Theapplicant has provided a narrative, included both online and in the hard copy packets; Item 3.2 (d). In addition, Item 5of the applicant’s narrative provides an analysis of Federal law as it pertains to wireless service providers. State andlocal governments must provide substantial evidence in support of any denial of a request to construct or modifywireless facilities.

e. Documentation of the applicant’s efforts, if any, to collocate the proposed antennas on existing towers orstructures in the vicinity. If it is the applicant’s position that no existing tower or structure is adequate for theapplicant’s telecommunications needs, or that applicant has made reasonable efforts to collocate on otherWireless Telecommunications Facilities and been denied, then applicant must provide all materials sufficient toestablish that applicant has considered all reasonable alternatives and that none of them will meet theapplicant’s reasonable needs.

Item 3.2 (e)of the applicant’s narrative. Replacing an existing cell tower with a more robust structure.

f. A complete site development plan, including all elements required under Section 18-45 (b). Sheets 3 and 4 of thelarge drawings show many of the requirements. Crown Castle’s 35’ X 46’ (1,610 square foot) lease area is shownon Sheet 4, within the overall area of the Fire Department property. Items such as “well”, “septic”, etc. are notrelevant to this Site Plan, nor are “parking” or other considerations having to do with ongoing and sustained useof a property. Once construction of the replacement tower and demo of the existing tower is complete, there willbe little to no additional impact to the site. More subjective considerations in Village Code having to do with SitePlans, such as “general compatibility with existing adjacent properties” (Section 18-45 (b) (5) (f)) may come upduring the hearing and can be discussed.

g. A cultural resources report by a qualified professional identifying and describing all sites, buildings, existingstructures, cultural resources or objects significant in history, architecture, archaeology, or engineering and anyplaces listed or eligible for listing on the National Register of Historic Places or the New Mexico State Register ofCultural Properties within one mile of the property where the proposed Wireless Telecommunications Facility willbe located.

The full Cultural Resources Survey report prepared by Trileaf Corporation can be viewed on the website packet and inthe ePacket material. On pages 6 and 7, it is the determination that the proposed cell tower relocation will create noadverse effects to historical properties, archaeological sites or other considerations studied within the Area ofPotential Effects (1/2 mile radius from the lease area).

h. A scenic and landscaping plan showing the appearance of the proposed Wireless Telecommunications Facilityfrom all streets, roads and recreational trails within one-half mile of the property where located and from allsites, buildings, existing structures, cultural resources or other objects identified in the cultural resources report,and including a landscaping plan or other plan showing how the visual effect of the proposed WirelessTelecommunications Facility will be mitigated.

The full-color “before and after” renderings are included both online and in the Commissioner packets, showing thevisual impact of the proposed tree-style cell tower from five different vantage points. The Village requested thatCrown Castle utilize the “stealth” technology called for in Village Code Section 18-208 (b) (3), i.e. the “tree” style, tobetter blend in with the surroundings. Although jokes have been made because it is called an “elm” style, theproposed cell tower is NOT a tree and in no way resembles the Chinese elm forbidden in the Village! There are elmvarieties, such as the Frontier Elm, that are allowed.

i. Certification that NIER levels at the proposed site are within the threshold levels adopted by the FCC.Former Planning and Zoning Commissioner Dennis Rossbach has reviewed the document, “Site Compliance Report”dated April 19, 2021, available for viewing online, in the epacket, and in Commissioner packets. (See his email datedApril 21, 2021.) It is his finding that proposed radio frequency levels are well within the allowable limits, even with FireStation staff quarters now added to the Fire Station facility building. Chief Martinez has also received a copy and issatisfied with the analysis.

j. A copy of the FCC license applicable to the proposed Wireless Telecommunications Facility. (Provided.)Again, Dr. Rossbach has reviewed and found that the FCC licenses provided to the Village are valid and sufficient. (Seehis email dated May 14, 2021.)

k. A lifecycle plan describing in reasonable detail the inspection and maintenance schedule for the proposedWireless Telecommunications Facility, any other anticipated activities relating to the Facility during its useful life,and plans for the decommissioning and removal of the Facility at the end of its useful life.

Applicant addresses in the narrative, Section 3.2 (k).

I. All other materials reasonably necessary to document the need for the proposed tower or other structure andthe Wireless Telecommunications Facility to be located thereon.

Section 18-208 (c) Lighting. The FCC will not require lighting on the proposed tower, so there is no conflict with theVillage of Corrales Section 18-42 Exterior Lighting “Dark Skies” ordinance.Section 18-209 (b) Fiscal Responsibility and Insurance. The applicant has provided a letter dated April 19, 2021(signed by Site Development Project Manager Heath Reed) stating their commitment to provide a $75,000performance bond, and evidence of insurance prior to a building permit being pulled and granted by the Village.Emails from Con Strife of New Mexico Legal Group (the Village of Corrales contracted legal counsel), dated April 29th

and 30th state that she has reviewed the letter, the lease agreement, and liability insurance and found them sufficient.She does state that Crown Castle should provide the Village with proof annually, prior to expiration of the insurancepolicy, that the policy has been renewed and minimum required insurance coverages are being maintainedthroughout the duration of the cell tower’s presence on the premise. A representative of Crown Castle can attest tothis commitment, under oath, during the Planning and Zoning hearing of this agenda item.

Section 18-208. - Wireless Telecommunications Facilities - Design and Construction.

(a) Height. Towers, antennas and other Wireless Telecommunications Facilities shall not exceed the following heights:(1) Eighty-five (85) feet on M zoned properties owned by the Village.

Applicant is proposing the full allowable height of 85 feet for their tower. They are requesting a Variance tosetback, which is the next application, assuming approval of the Site Development Plan.

A Variance application has also been submitted by the Village of Corrales for a Fire Department-specific antennathat will be placed on top and therefore exceeds this height; it is not a part of this application and will beconsidered separately.

Certified letters were sent timely. I observed the yellow “notice” sign posted facing Corrales Road on May 27th,

2021.

Recommen ation: Approve. Substantially compliant with Village Code Article VI. Telecommunications Facilities.

4 I / A / / A/ IIf (2 -Lt/,4/


PHONE (505) 897-05024324 CORRALES ROAD

CORRALES, NEW MEXWO 87048Village of Corrales

Planning and Zoning Department

TELECOMMUNICATIONS FACILITIES/NEW POLESITE DEVELOPMENT PLAN PERMIT APPLICATION

Applicant Information Email: nromano romanoassociatesl lc corn

Applicant Name: Crown Atlantic Company LLC Telephone: (505) 7500735

Mailing Address:do Romano & Associates, LLC, 8100 Wyoming Blvd. NE, ffM4-167, Albuquerque, NM 87113

Property Owner: village of Corrales Telephone: (505) 897-0502

(if different from applicant)Mailing Address:

4324 Corrales Road, Corrales, N14 87058

(if different from applicant)Proposed Site Portion of Tracts 9Al & 9A2, Middle Rio Grande Conservancy District Map tl8

Information: Lot # Tract Block SubdivisionRelocate existing 70 flag pole facility to new location on property as 85’ elm tree

New or existing pole/structure? Please describe.Zoning at site: M-l Telecommunications Facilities are use-by-review in C-and Mzoned properties. Allowable locations limited by state law to roadways wider than 50 feet. Theyare prohibited in A-i, A-2 and I-I-zone.Address of site: 4920 Corrales Road, Corrales, NM 87048

(a separate application needed for each proposed location)AdditionalComments:Copy of lease agreement or other document per Village of Corrales ordinance 18-206 (1) (b) or(2) (b). Yes X

Drawings, elevations and specifications for each proposed site, stamped by structural engineerlicensed in the state of New Mexico, per VoC 18-206 (1) (c) or (2) (c). Yes X

Certification that NIER levels at each proposed site are within FCC threshold. Yes X

Copy of FCC license applicable to each proposed site. Yes X

A scenic/landscaping plan per VoC ordinance 18-206 (h). Yes X

Lifecycle plan per VoC ordinance 18-206 (k). Yes X

25-foot line-of-sight at roadway intersections, per VoC ordinance 18-30 (3) (e)? Yes N/A

If approved, addl. permits such as building/excavation/traffic control, etc. may be required.Signature of Applicant:

___________________________________

Date: 4/23/2021

Nicholas Romano, Romano & Associates, LLC, on behalf of Applicant

General InformationCorrales Codified Ordinances Chapter 18-201 (Article VI. Telecommunications Facilities).The Administrator shall determine if the proposed facility satisfies the requirements beforesubmitting to Planning and Zoning Commission.Any change in use which adds to or alters the site or any structure upon the site shall require aresubmitted application and approval as required by this section.

Page 1 of 10

5pP

September 2018

No one provider or vendor may have more than telecommunications facility/application perquarter mile (1320 feet).No tower, pole or small cell may be located within 10 feet of any water channel, stormwaterretention, or water dispersal/delivery system.All siting and safety requirements of the Village of Corrales telecommunications ordinancesapply to small cell transmitters and equipment as well as macro tower sites.Co-location on Village-owned property is required unless the Village determines it is notfeasible. Then, the least intrusive impact on the area is required.No telecommunications/small cell equipment may be placed lower than 8 feet on any pole orstructure. All applicable laws must be followed md. the Americans with Disabilities Act and noroadways, paths, trails or pedestrian areas may be blocked by telecommunications equipment.

OFFICE USE ONLY

Date Receive

___________________

Received By:

________________

- O 3AmtPaid: ,O7I Cash CheckNo:7’43 CreditCardReceipt No:

____________________

Reviewed by:

_______________________

Date:

___________________

Retention of Expert Assistance Fee: O 0 00 Amt. Paid: I1,frLegal Notice Mailing Invoiced: $ I&52 Date: Date Paid: V 9-I7--t

APPROVED: Vt4i (LLO?t

Planning & Zoning Administrator Date of Hearing

APPROVED WITH CONDITIONS:

_______________________________________

Planning & Zoning Administrator Date of Hearing

DENIED:Planning & Zoning Administrator Date of Hearing

Findings of Fact and Conclusions of Law:

AMENDED DRAWING(S) REQUIRED:Findings of Fact and Conclusions of Law:

Page 2 of 10September 2018

Section 18-206. Wireless Communication Facilities — Permits.

a) Permit required. Except for Amateur Radio Facilities meeting all requirements of Subsection 18-Q(b), no Wireless Telecommunications Facility shall be constructed, erected or visibly modifiedanywhere in the Village except in accordance with a telecommunications facility permit issued bythe Village. A telecommunications facility permit shall be required for all new construction, for anymodification that increases the height of the facility, for expanded use of an existing WirelessTelecommunications Facility and for collocation of new antennas or other facilities upon an existingWireless Telecommunications Facility, unless such collocation was included within the scope ofthe original telecommunications facility permit.(b) Pre-application conference. Before submitting an application for a telecommunications facilitypermit, the applicant shall schedule a meeting with the Administrator. At the meeting the applicantand the Administrator shall review the applicant’s proposal, the provisions of this Article and otherapplicable ordinances of the Village, the relationship of the proposed facility with the Village’scomprehensive plan, and the necessary application forms and other submittal documents. TheAdministrator, at his or her sole discretion, shall be able to include additional personnel during thismeeting for professional review and consultation.(c) Application, copies and fees. All applications for a telecommunications facility permit shall besubmitted to the Administrator along with required supporting materials and payment of allapplicable fees. The application will not be deemed complete until all supporting materials arereceived by the Village and all fees have been paid. The applicant shall supply fourteen (14)complete sets of the application and all supporting materials.(d) Content of application. The application and supporting documentation shall include, as aminimum, the materials described in this Subsection. In addition, the application and supportingdocumentation shall include all materials necessary for the Commission to evaluate the proposedantenna, tower, or Wireless Telecommunications Facility, including any materials reasonablynecessary to support any assertion by the applicant that the proposed facility is necessary to avoidunreasonable discrimination among providers of wireless telecommunications services, to avoidthe effective prohibition of wireless telecommunications services contrary to theTelecommunications Act, or to meet any other requirement of the Telecommunications Act.(1) Collocation. An application for collocation on an existing permitted tower or other structure shallinclude, as a minimum, the following materials.a. The name, address, telephone number and e-mail address of the applicant, the owner of thereal property upon which the tower or other structure is located, the owner of the tower or structure,and the owners and operators of all other antennas on the tower or structure.b. A copy of the lease agreement or other documentation establishing the right to collocate on thetower or structure.c. Design drawings and specifications prepared by a structural engineer licensed in the State ofNew Mexico showing the proposed installation and establishing that the tower or structure isadequate to support it along with other installations already on the tower or structure.d. A narrative description showing the need for the new antenna or other facility, how the newantenna or other facility will be integrated into the applicant’s telecommunications network, andhow the new antenna or other facility, if approved, will improve the availability or reliability oftelecommunications services in the Village.e. Certification that NIER levels at the proposed site, including all existing and proposed antennasand other facilities, are within the threshold levels adopted by the FCC.f. A copy of the FCC license applicable to the intended use of the new antennas or facilities at theWireless Telecommunications Facility.g. All other materials reasonably necessary to document the need for the proposed antenna orother facility, and the appropriateness of collocation on the selected tower or other structure.


(2) Application for a new tower or other structure. If the application includes a new tower or otherstructure for the placement of a Wireless Telecommunications Facility, the applications shallinclude, as a minimum, the following materials. The requirements of this Subsection.18-206(d)(2)shall also apply to any application for collocation on any existing tower or other structure that wasnot approved by the Commission or the Governing Body, or that was approved by the Commissionor Governing Body only after appeal to a court of competent jurisdiction and entry of an orderreversing a previous denial by the Governing Body.a. The name, address, telephone number and e-mail address of the applicant, the owner of thereal property upon which the Wireless Telecommunications Facility will be located, the owner ofthe proposed tower or structure, and the owner and operator of any antennas or othertelecommunications facilities to be located on the tower or other structure, to the extent known atthe time of application.b. A copy of the lease agreement or other documentation establishing the right to erect the toweror other structure on the property, if the Wireless Telecommunications Facility is not owned by theowner of the real property.c. Design drawings, elevations and specifications prepared by a structural engineer licensed in theState of New Mexico showing the proposed Wireless Telecommunications Facility, including allantennas and other elements to be located on the Wireless Telecommunications Facility.d. A narrative description showing the need for the new Wireless Telecommunications Facility orthe new antennas or other elements to be located on the Wireless Telecommunications Facility,how the new antenna or other facility will be integrated into the applicant’s telecommunicationsnetwork, and how the new Wireless Telecommunications Facility or new antenna or otherelements, if approved, will improve the availability or reliability of telecommunications services inthe Village.e. Documentation of the applicant’s efforts, if any, to collocate the proposed antennas on existingtowers or structures in the vicinity. If it is the applicant’s position that no existing tower or structureis adequate for applicant’s telecommunications needs, or that applicant has made reasonableefforts to collocate on other Wireless Telecommunications Facilities and been denied, thenapplicant must provide all materials sufficient to establish that applicant has considered allreasonable alternatives and that none of them will meet the applicant’s reasonable needs.f. A complete site development plan, including all elements required under Section 18-45(b).g. A cultural resources report by a qualified professional identifying and describing all sites,buildings, existing structures, cultural resources or objects significant in history, architecture,archaeology, or engineering and any places listed or eligible for listing on the National Register ofHistoric Places or the New Mexico State Register of Cultural Properties within one mile of theproperty where the proposed Wireless Telecommunications Facility will be located,h. A scenic and landscaping plan showing the appearance of the proposed WirelessTelecommunications Facility from all streets, roads and recreational trails within one-half (0.5) mileof the property where located and from all sites, buildings, existing structures, cultural resourcesor other objects identified in the cultural resources report, and including a landscaping plan or otherplan showing how the visual effect of the proposed Wireless Telecommunications Facility will bemitigated.i. Certification that NIER levels at the proposed site are within the threshold levels adopted by theFCC.j. A copy of the FCC license applicable to the proposed Wireless Telecommunications Facility.k. A lifecycle plan describing in reasonable detail the inspection and maintenance schedule for theproposed Wireless Telecommunications Facility, any other anticipated activities relating to theWireless Telecommunications Facility during its useful life, and plans for the decommissioning andremoval of the Wireless Telecommunications Facility at the end of its useful life.I. All other materials reasonably necessary to document the need for the proposed tower or otherstructure and the Wireless Telecommunications Facility to be located thereon.


(e) Completeness of application and supporting materials. It is the sole responsibility of theapplicant to provide ALL required documentation and other materials necessary to support theapplication and to provide appropriate testimony in support of the application before theCommission. In the event that applicant withholds information at proceedings before theCommission and/or the Governing Body, and then seeks to introduce such evidence or testimonyon appeal to the judiciary, applicant’s failure to provide the required material at hearing before theCommission and the Governing Body shall be deemed a defense against applicant’s appeal.(f)Review of application. Upon receipt of an application and fees under this Article, theAdministrator will issue a dated receipt for the application and fees. The Administrator will thenreview the application and supporting materials and make a determination whether the applicationappears to be complete. If the application appears to be complete, the Administrator will so notifythe applicant, in writing, and will forward the application to appropriate Village departments forreview. In addition, if the Administrator in consultation with the chair of the Commission determinesthat expert assistance will be necessary or beneficial for the consideration of the application by theCommission, the Administrator may retain expert assistance at the expense of the applicant andforward the application to any such experts to assist the Village in review of the application. Thereview period shall be no more than forty-five (45) days. Written comments of all reviewers shallbecome part of the record presented to the Commission along with the application.(g)Incomplete applications. If the Administrator determines that an application is incomplete, theAdministrator will notify the applicant in writing, specifying the additional materials needed tocomplete the application. The applicant shall provide the additional materials needed within sixty(60) days following notification of incompleteness by the Administrator, unless an additional time ispermitted by the Administrator in the Administrator’s sole discretion. If the additional materials arenot timely submitted by the applicant, the application will be summarily denied by the Administrator.

(h)Balloon test. To better inform the public regarding a proposed new Wireless TelecommunicationsFacility, the applicant may be required to conduct a “balloon test” prior to the public hearing on theapplication. A balloon test shall be required in all cases where the applicant seeks a variance fromany height restriction contained in this Article. A balloon test may also be required, at the discretionof the Administrator, in other cases where the visibility or the appearance of the proposed WirelessTelecommunications Facility is likely to be a matter of public concern. If a balloon test is required,the applicant shall arrange to fly, or raise upon a temporary mast, a brightly colored balloon with aminimum diameter of three (3) feet at the maximum height of the proposed new tower for a minimumof six (6) consecutive hours between 7:00 am. and 4:00 p.m. on the required date. The applicantshall provide a primary planned date for the balloon test, and at least one alternate date in the eventof poor visibility on the primary planned date. Notice of the balloon test in a form approved by theAdministrator, including the hours of the test and the primary and alternate dates, shall be publishedin a newspaper of general circulation in the Village on two dates, at least seven (7) days apart, thesecond of which shall be no later than one week before the primary planned date. In addition, noticeof the test shall be provided to the editor of any newspaper published within the Village, even if suchnewspaper does not qualify for publication of legal notices under New Mexico law.

(I) Hearing. A complete application under this section, including an application for variance, shallbe considered by the Commission at a regular or special meeting at the earliest convenientopportunity, but no sooner than twenty (20) days after the end of the review period described inSubsection 18-206(f). The hearing shall receive legal notice as provided inSejpn 18-203.j) Public notification, The hearing before the Commission at which an application for a WirelessTelecommunications Facility will be heard must receive legal notice. In addition to legal notice, theAdministrator will provide the applicant with a notification sign, which contains information pertinentto the application. The sign must be displayed by the applicant in a location visible and prominent


to the general public on the property where the proposed Wireless Telecommunications Facilitywill be located for at least fifteen (15) days prior to the date of the hearing.(1<) Commission decision. The Commission upon completion of the hearing on any applicationunder this Article, including an application for variance, may (1) grant the application; (2) grant theapplication subject to reasonable conditions necessary to protect the health, safety, welfare,property values or aesthetic values of the community; or (3) deny the application. Any motion todeny the application or to grant the application subject to conditions shall include a statement ofthe reasons for the proposed action, which shall be recorded in the minutes of the Commissionmeeting.History: Ord. No. 16-02, adopted 2-9-16.

Section 18-207. - Wireless Telecommunications Facilities - Location and Placement.

(a) Municipal properties—permissive use. Wireless Telecommunications Facilities shall be apermissive use on properties owned by the Village that are zoned M for municipal, public andquasi-public uses. Applicants seeking to locate, erect or modify a Wireless TelecommunicationsFacility on any such property shall first negotiate with the Village administration and enter into acontract setting forth the conditions for such Wireless Telecommunications Facility, and shall enterinto an appropriate lease agreement for the proposed Wireless Telecommunications Facility. In theevent that the Wireless Telecommunications Facility will require a variance or modification fromany provision of this Article, the application for the required variance or modification will besubmitted by the applicant after the lease agreement has been fully approved and executed, unlessby mutual agreement the parties determine that execution of the lease agreement should bedeferred pending a decision on the application. If the application is not approved by theCommission or, on appeal, by the Governing Body, the lease shall thereupon be void and of noeffect.(b) C and M zoned properties—use by review. Wireless Telecommunications Facilities shall be ause by review on properties zoned C for neighborhood commercial use or on non-Village ownedproperties zoned M for municipal, public and quasi-public uses, upon approval of a sitedevelopment plan and a telecommunications facility permit incorporating the proposed WirelessTelecommunications Facility.(c) Prohibited locations. Except for Amateur Radio Facilities meeting all requirements set forth inSubsection 18-205(b), Wireless Telecommunications Facilities are prohibited on properties zonedA-i or A-2 for agricultural and rural residential uses. All Wireless Telecommunications Facilities ofany type are prohibited in the H historical area zone.(d) Protection of scenic views. Wireless Telecommunications Facilities shall not be erected in anylocation where the Wireless Telecommunications Facility will obstruct a scenic view from a publicpark, public recreational trail or pathway, public recreational facility or natural area (including butnot limited to the Bosque Preserve), or from any other public location, unless it is shown that theWireless Telecommunications Facility in that location is essential for the provision of wirelesstelecommunications services and that no less intrusive alternative exists. It is the duty of theapplicant to demonstrate the necessity of the facility and the absence of a less intrusive alternative,taking into account all reasonable alternative locations, designs and heights for the proposedtelecommunications facility.(e) Setback. All Wireless Telecommunications Facilities shall be set back from property boundariesby at least one hundred ten percent (110%) of the total height of the facility, including all antennasand other structures located thereon, or by the applicable setback distance provided in Cha.i, Article II, whichever is greater.(f) Collocation, It is the policy of the Village that Wireless Telecommunications Facilities shall becollocated to the maximum extent reasonably feasible, to minimize adverse aesthetic and otherimpacts of multiple facilities located within a small geographic area. No new tower for a WirelessTelecommunications Facility exceeding twenty-six (26) feet in height shall be permitted within one


(1) mile of any existing tower or other Wireless Telecommunications Facility having a height greaterthan twenty-six (26) feet unless the applicant demonstrates, with appropriate documentationsatisfactory to the Village, that:(1) Location of antennas on the existing tower or Wireless Telecommunications Facility will notserve the legitimate telecommunications needs of the applicant;(2) Location of antennas on the existing tower or Wireless Telecommunications Facility is nottechnically feasible due to lack of space, interference with facilities already located on the tower,or other legitimate technical reason;(3) If location of antennas on the existing tower or Wireless Telecommunications Facility wouldserve the legitimate telecommunications needs of the applicant and is technically feasible,applicant has negotiated in good faith with the owner of the existing tower and has been unable toreach an agreement for the use of that tower; or(4) Location of antennas on the existing tower or Wireless Telecommunications Facility is notfeasible for another reason, which shall be fully documented and proven in the application andsupporting documentation.History: Ord. No. 16..02, adopted 2-9-16.

Section 18-208. - Wireless Telecommunications Facilities - Design and Construction.

All Wireless Telecommunications Facilities, except Amateur Radio Facilities meeting allrequirements set forth in Subsection_18-205(b), shall conform to the design and constructionrequirements set forth in this Section unless granted a variance or exception for good cause shown.

(a) Height. Towers, antennas and other Wireless Telecommunications Facilities shall not exceed thefollowing heights:

(1) Eighty-five (85) feet on M zoned properties owned by the Village.(2) Forty-five (45) feet on C zoned properties within the Corrales Road Commercial Area or the

Neighborhood Commercial and Office District.(3) Twenty-six (26) feet on all other properties.(b) Visual appearance. All Wireless Telecommunications Facilities shall be designed to fit in with their

surroundings, including the buildings, vegetation, and other elements on the property where theWireless Telecommunications Facility is located and those on adjacent and nearby properties, andto be minimally obtrusive visually from adjacent properties and from roadways, paths, trails, andother public areas, Towers and other Wireless Telecommunications Facilities shall employ one ormore of the following strategies to minimize visual obtrusion:

(1) integration into existing structures on the site, such as roof mounting, location in an existing churchsteeple, bell tower, clock tower or similar structure, or collocation on an existing tower withoutincreasing its height:

(2) placement in a new tower or structure specifically designed to match existing structures on the site,such as a new bell tower, clock tower, church steeple, or similar structure adjacent to andarchitecturally compatible with the style commonly referred to as Northern New MexicoArchitecture;

(3) Stealth Technology wherein the tower or other Wireless Telecommunications Facility isdesigned to resemble a common landscape element such as a flag pole, a water tank, or atree of a type or species that naturally occurs or is commonly maintained for fruit productionor landscaping in the Corrales area.

(c) Lighting. The Wireless Telecommunications Facility shall not be lighted unless lighting is specificallyrequired by applicable law or regulation of the FAA, the FCC, or other authority having jurisdiction.Lighting if so required shall be the minimum necessary to meet the regulatory requirements, andshall to the maximum extent possible conform to the lighting standards set forth in Section 18-42.


(d) Natural Resource Protection. The construction method shall not adversely impact naturalresources including but not limited to resources such as the existing water table, water runoff orsoil conditions.History: Ord. No. 16-02, adopted 2-9-16.

Section 18-209. - Wireless Telecommunications Facilities — Performance.

(a) Continuing compliance. All Wireless Telecommunications Facilities in the Village shall on acontinuing basis conform to and with the safety, environmental and performance standards setforth in this Section and elsewhere in this Article. Failure to meet such standards at any time shallbe grounds for revocation of any permit or license granted by the Village and shall be cause forremoval of the non-compliant Wireless Telecommunications Facility or any non-compliant portionthereof.(b) Fiscal responsibility—Performance security and insurance. Except for Amateur Radio Facilitiesmeeting all requirements of Section 18-205(b), each applicant for approval of a WirelessTelecommunications Facility and the owner of the property on which the WirelessTelecommunications Facility is proposed to be erected, if different from the applicant, shall at theapplicant’s or property owner’s expense execute and file with the Village a bond or other form ofsecurity acceptable to the Village as to the type of security and the form and manner of execution,in an amount of at least seventy-five thousand dollars ($75,000.00), with such sureties as aredeemed sufficient by the Village to assure the faithful performance of the terms and conditions ofthis Article and the conditions of any telecommunications facility permit issued pursuant to thisArticle. Applicant and property owner may, at their discretion, execute or provide a joint bond orother acceptable security to fulfill the requirements of this Subsection. The full amount of the bondor security shall remain in full force and effect throughout the term of any telecommunicationsfacility permit issued by the Village pursuant to the application, and shall further remain in full forceand effect until removal of the Wireless Telecommunications Facility and any site restoration workrequired to restore the site to a condition comparable to that before the construction of the WirelessTelecommunications Facility.

Every holder of a telecommunications facility permit authorizing a WirelessTelecommunications Facility as a use by review shall secure and, at all times while thetelecommunications facility permit remains in effect or the Wireless Telecommunications Facilityexists, maintain in full force general liability insurance for personal injuries, death and propertydamage, or umbrella insurance coverage, in the following minimum coverage amounts:

(1) Commercial general liability coverage for personal injuries, death, environmental and propertydamage in an amount no less than $1 .000,000 per occurrence and $2,000,000 aggregate;(2) Automobile coverage in an amount no less than $1,000,000 per occurrence and $2,000,000aggregate; and(3) Workers compensation and disability insurance in the amounts required by statute. Bond andinsurance requirements for Wireless Telecommunications Facilities located on Village-ownedproperties shall be as required in the applicable leases, contracts or other agreements betweenthe Village and the providers of wireless telecommunications services.(c) Site security. All Wireless Telecommunications Facilities shall be located, fenced or otherwisesecured in a manner that prevents unauthorized access. In particular:(1) all antennas, towers, base structures, electrical equipment and all other components, shall bemade inaccessible to individuals and shall be constructed or shielded in such a manner that theycannot be climbed or collided with; and(2) all electrical equipment and telecommunications control points shall be installed and protectedin such a manner that they are readily accessible only to persons authorized to operate or servicethem.


(d) Signage. Every Wireless Telecommunications Facility, except Amateur Radio Facilities, shallhave on the premises a sign no larger than four (4) square feet, prominently located, notifyingpersons in the area of the presence of an antenna that has transmission capabilities. The sign shallcontain the name of the Wireless Telecommunications Facility owner or operator and anemergency telephone number that is monitored at all times. Where multiple owners or operatorshave facilities collocated on a single Wireless Telecommunications Facility, each owner or operatorshall have such a sign, or the owners and operators may cooperate to provide all necessaryinformation on a single sign. The sign or signs shall be on the equipment shelter of the owner oroperator or in another prominent location, and shall be clearly visible from the primary entrance oraccess point to the site. The sign shall not be lighted unless required by applicable law or regulationof the FAA, the FCC, or other authority having jurisdiction. Lighting if so required shall be theminimum necessary to meet the regulatory requirements, and shall to the maximum extent possibleconform to the lighting standards set forth in ction 18-42. No other signage, including advertisingsigns, shall be permitted.(e) Removal of Wireless Telecommunications Facilities. The owner or operator of a WirelessTelecommunications Facility shall promptly remove the Wireless Telecommunications Facilitywhen no longer in use. Under the following circumstances, the Village may determine that thehealth, safety, and welfare interests of the Village warrant and require the removal of WirelessTelecommunications Facilities:(1) A permitted Wireless Telecommunications Facility has been abandoned and not used for aperiod exceeding ninety consecutive (90) days, or has not been used for a total of one hundred-eighty (180) days in any three hundred-sixty five (365) day period, except for periods caused byforce majeure or Acts of God, in which case, repair shall be completed within 90 days of the initialdate of inoperability, or removal shall commence within ninety (90) days of the initial date ofinoperability or written notice;(2) A permitted Wireless Telecommunications Facility falls into such a state of disrepair that itcreates a health or safety hazard;(3) A Wireless Telecommunications Facility has been located, constructed, or modified without firstobtaining, or in a manner not authorized by, a required telecommunications facility permit, sitedevelopment plan or any other necessary authorization; or(4) A Wireless Telecommunications Facility is not in compliance with applicable federal, state orlocal law or regulations.(f) Removal procedure. If the Village makes a determination that a Wireless TelecommunicationsFacility must be removed as provided in the foregoing Subsection_18-209(e), the Village shall notifythe owner or the holder of the telecommunications facility permit for the WirelessTelecommunications Facility and the owner of the property on which it is located that the WirelessTelecommunications Facility must be removed, and shall provide a reasonable time for the owneror operator of the Wireless Telecommunications Facility to effect such removal, taking into accountthe need for any substitute facility and the health, safety, and welfare of the public. The followingprocedures shall apply:(1) The holder of the telecommunications facility permit, or its successors or assigns, shalldismantle and remove the Wireless Telecommunications Facility, and all associated structures andfacilities, from the site and restore the site to as close to its original condition as is reasonablypracticable, within ninety (90) days of receipt of written notice from the Village or within such otherperiod as the Village may prescribe in such notice.(2) If the Wireless Telecommunications Facility has not been removed or substantial progress hasnot been made to remove the Wireless Telecommunications Facility within ninety (90) days afterthe permit holder has received notice, or within such other period as prescribed by the Village, thenthe Village may order the removal of the Wireless Telecommunications Facility by authorizedofficers or contractors of the Village, at the sole expense of the landowner, Facility owner ortelecommunications facility permit holder, the cost of removal of which shall be a lien upon theproperty enforceable in accordance with NMSA 1978, § 3-36-1 through 3-36-6.


(3) If the Village removes, or causes to be removed, a Wireless Telecommunications Facility, andthe owner thereof does not claim and remove the tower, antenna, or other structural elements fromthe site to a lawful location within ten (10) days, then the Village may take steps to declare suchtower, antenna or other structural elements abandoned, and sell them and their components.(4) Notwithstanding any other provision of this Subsection_18-209(f), the Village may approve atemporary use permit or agreement for the continuance in place of a permitted WirelessTelecommunications Facility, for no more ninety (90) days, during which time a suitable plan forremoval, conversion, or re-location of the affected Wireless Telecommunications Facility may bedeveloped by the holder of the telecommunications facility permit, subject to the approval of theVillage, and an agreement reflecting such plan may be entered into and executed by the holder ofthe telecommunications facility permit and the Village. If such a plan is not developed, approvedand executed within the ninety (90) day time period, then the Village may take possession of anddispose of the affected Wireless Telecommunications Facility in the manner provided in thisSubsection.History: Ord, No. 16-02, adopted 2-9-16.


Narrative in Support ofREQUEST FOR CONSIDERATION OF TELECOMMUNICATIONS FACILITY PERMIT

WITHVARIANCE FOR SETBACKS

Submitted to Village of Corrales, NMCommunity Development

April 23, 2021

1. GENERAL INFORMATION

Crown Castle Site: 800036 — NM Corrales

Prepared by: Romano & Associates, LLC8100 Wyoming Blvd. NE, M4-167Albuquerque, NM 87113(505) 750-0735

[email protected]

Applicant/Facility Owner: Crown Atlantic Company LLC2000 Corporate DriveCanonsburg, PA 15317

Existing Wireless Provider: Verizon Wireless126 W. Gemini Dr.Tempe, AZ 85283

Property Owner: Village of Corrales4324 Corrales RoadCorrales, NM 87058(505) 897-0502

Request: Telecommunications Facility Permit with Variance for Setbacks

Site Location: 4920 Corrales Road, Corrales, NM 87048

Legal Description: See attached legal description on sheet (Attachment 1)

Parcel Number: 1016067290452

Zoning: M-1

2. INTRODUCTION

Crown Castle is one of the largest providers of shared communications infrastructure in the United States,with approximately 40,000 cell towers comprising approximately 91,000 installations. Crown Castle’sextensive infrastructure serves as the backbone of the nation’s communication network. Crown Castle ownsand operates the Wireless Telecommunications Facility located at the fire station at 4920 Corrales Road,

Corrales, NM 87058 (“Existing Site”). The Existing Site accommodates Verizon Wireless antennas and networkequipment and has provided wireless communications coverage in the area for the last 20 years.

The Existing Site is a critical component of that network which provides network continuity for the publicinterest, continuing 911-call service and long-term stability for Verizon Wireless’s current service levels in theVillage.

3. REQUEST FOR TELECOMMUNICATION FACILITY PERMIT PURSUANT TO §18-206

3.1 Background

The Existing Site, permitted and built in 1999, is a 70’ taIl flagpole with antennas enclosed in a canister at thetop. Crown Castle is requesting permission to construct a new 85’ pole disguised as an elm tree as areplacement for the flagpole to allow for improved Verizon Wireless signal coverage, greater equipmentflexibility to deploy advanced wireless technologies, and the accommodation of additional users to increaseservice offerings within the Village. Due to its narrow profile, the existing flagpole cannot accommodate thelatest antenna and radio equipment which are required by today’s wireless networks without modificationswhich would compromise its appearance as a flagpole. The new, taller elm tree will not only permit theinstallation of advanced technologies and equipment, it will also allow for additional users to utilize the samefacility to offer their services within the Village.

3.2 Application Requirements Pursuant to §18-206(d)(2)

(a). The name, address, telephone number and e-mail address of the applicant, the owner of the real propertyupon which the Wireless Telecommunications Facility will be located, the owner of the proposed tower orstructure, and the owner and operator of any antennas or other telecommunications facilities to be located onthe tower or other structure, to the extent known at the time of application.

Listed above.

(b). A copy of the lease agreement or other documentation establishing the right to erect the tower or otherstructure on the property, if the Wireless Telecommunications Facility is not owned by the owner of the realproperty.

New Lease is being completed and signed by the Village of Corrales and Crown Castle.

(c). Design drawings, elevations and specifications prepared by a structural engineer licensed in the State ofNew Mexico showing the proposed Wireless Telecommunications Facility, including all antennas and otherelements to be located on the Wireless Telecommunications Facility.

Attached hereto (Attachment 3).

(d). A narrative description showing the need for the new Wireless Telecommunications Facility or the newantennas or other elements to be located on the Wireless Telecommunications Facility, how the new antennaor other facility will be integrated into the applicant’s telecommunications network, and how the new WirelessTelecommunications Facility or new antenna or other elements, if approved, will improve the availability orreliability of telecommunications services in the Village.

The applicant is requesting to replace the existing site with a new 85’ pole disguised as an elm tree asa replacement for the flagpole to allow for improved Verizon Wireless signal coverage, greaterequipment flexibility to deploy advanced wireless technologies, and the accommodation of additionalusers to increase service offerings within the Village. Due to its narrow profile, the existing flagpolecannot accommodate the latest antenna and radio equipment which are required by today’s wirelessnetworks without modifications which would compromise its appearance as a flagpole. The new,taller elm tree will not only permit the installation of advanced technologies and equipment, it willalso allow for additional users to utilize the same facility to offer their services within the Village.

(e). Documentation of the applicant’s efforts, if any, to co/locate the proposed antennas on existing towers orstructures in the vicinity. If it is the applicant’s position that no existing tower or structure is adequate forapplicant’s telecommunications needs, or that applicant has made reasonable efforts to co/locate on otherWireless Telecommunications Facilities and been denied, then applicant must provide all materials sufficientto establish that applicant has considered all reasonable alternatives and that none of them will meet theapplicant’s reasonable needs.

This application, unlike a standard request for a new facility, is to replace the existing site (70’flagpole) with a new 85’ elm tree that has the flexibility to accommodate modern wireless antennasand radio equipment and will be co-locatable for future carriers in the area. The reason why theexisting 70’ flagpole facility is not suitable for either expansion or co-location is due to its narrowprofile. The addition of additional antennas or even replacement of existing antennas on the existingflag pole is extremely limited since it is only 20” in diameter. The latest wireless antennas designed toutilize new frequencies licensed by the FCC are much wider and deeper than the original antennas inuse when the facility was designed in 1999. Advanced broadband technologies also require radios tobe installed adjacent to the antennas instead of on the ground. Finally, the multiple frequency bandsused generally require multiple antennas per sector. Installing all of the necessary equipment on theexisting flag pole would require structural modifications to make it significantly wider which wouldcompromise the camouflage design of the flag pole. In addition, the existing pole is not designed toaccommodate additional wireless providers. Any additional provider would have to mount itsantennas and radios externally, further degrading the facility’s aesthetic. Given that this facility islocated directly off of Corrales Road, it would be impossible to comply with the aesthetic standardsrequired in Village code. As such, colocation is not feasible on the existing structure.

(f). A complete site development plan, including all elements required under Section 18-45(b).


(q). A cultural resources report by a qualified professional identifying and describing all sites, buildings,existing structures, cultural resources or objects significant in history, architecture, archaeology, orengineering and any places listed or eligible for listing on the National Register of Historic Places or the NewMexico State Register of Cultural Properties within one mile of the property where the proposed WirelessTelecommunications Facility will be located,


(h). A scenic and landscaping plan showing the appearance of the proposed Wireless TelecommunicationsFacility from all streets, roads and recreational trails within one-half (0.5) mile of the property where locatedand from all sites, buildings, existing structures, cultural resources or other objects identified in the culturalresources report, and including a landscaping plan or other plan showing how the visual effect of the proposedWireless Telecommunications Facility will be mitigated.

As part of this application, we enclose photographic simulations of the proposed relocated wirelessfacility from five different directions (Attachment 5). These representations demonstrate that bymoving the 70’ tall Existing Site from the street front to a location further back in the propertycombined with the elm tree design go a long way in reducing the visibility of the facility from the mostlikely view shed. The Corrales Road scenic byway and North Valley in general are characterized bymature tree growth. Thus, the primary mechanism for mitigating the visual impact of the facility isthe elm tree design which blends it in with the existing tree line. The new location deep within theproperty where existing structures largely screen it from view will also minimize the visibility of thefacility from the average passer-by.

(I). Certification that NIER levels at the proposed site are within the threshold levels adopted by the FCC.


(j). A copy of the FCC license applicable to the proposed Wireless Telecommunications Facility.


(k). A lifecycle plan describing in reasonable detail the inspection and maintenance schedule for the proposedWireless Telecommunications Facility, any other anticipated activities relating to the WirelessTelecommunications Facility during its useful life, and plans for the decommissioning and removal of theWireless Telecommunications Facility at the end of its useful life.

If approved, construction of the facility would take approximately 45-60 days to complete. The firststage would be construction of the foundation, antenna structure, utilities and fencing. Then, theantennas and radio equipment would be attached to the tower. Finally, the ancillary activitiesassociated with this application such as the decommission of the old flagpole facility and repair of theadobe wall would be completed. Once constructed and operational, the facility would receivemaintenance visits approximately once per month. These visits would be service/inspection visitsonly and would not entail any significant changes to the facility.

From time to time, as technology changes, upgrades to the site’s antenna and radio equipment maybe needed, or a new user may wish to install a new array. Physical modifications to the equipment onsite would happen only after appropriate review and permits by the Village and be performed bylicensed contractors. Installation of new antennas or tower-mounted equipment may require the useof a crane or lift truck. Changes of this nature might be expected every one or two years.

Should the facility ever require removal due to termination of the lease agreement, abandonment, orthe end of its useful life, the facility owner would, in accordance with municipal code and the leaseagreement, remove the facility and all above-grade improvements and reasonably restore thepremises to its pre-existing condition, wear and tear excluded. The $75,000 performance bondrequired under the ordinance would safeguard the facility from being abandoned.

3.3 Site Location and Placement Pursuant to §18-207

(a) Municipal properties—permissive use. Wireless Telecommunications Facilities shall be a permissive use onproperties owned by the Village that are zoned M for municipal, public and quasi-public uses. Applicantsseeking to locate, erect or modify a Wireless Telecommunications Facility on any such property shall firstnegotiate with the Village administration and enter into a contract setting forth the conditions for such

Wireless Telecommunications Facility, and shall enter into an appropriate lease agreement for the proposedWireless Telecommunications Facility. In the event that the Wireless Telecommunications Facility will require avariance or modification from any provision of this Article, the application for the required variance ormodification will be submitted by the applicant after the lease agreement has been fully approved andexecuted, unless by mutual agreement the parties determine that execution of the lease agreement should bedeferred pending a decision on the application. If the application is not approved by the Commission or, onappeal, by the Governing Body, the lease shall thereupon be void and of no effect.

The Existing Site and proposed relocation site are on the same municipally owned parcel zoned M-1.A lease agreement between the Applicant and the Village has been negotiated and will be fullyexecuted by both parties.

(d) Protection of scenic views . Wireless Telecommunications Facilities shall not be erected in any locationwhere the Wireless Telecommunications Facility will obstruct a scenic view from a public park, publicrecreational trail or pathway, public recreational facility or natural area (including but not limited to theBasque Preserve), or from any other public location, unless it is shown that the Wireless TelecommunicationsFacility in that location is essential for the provision of wireless telecommunications services and that no lessintrusive alternative exists. It is the duty of the applicant to demonstrate the necessity of the facility and theabsence of a less intrusive alternative, taking into account all reasonable alternative locations, designs andheights for the proposed telecommunications facility.

Corrales Road is a designated bike trail within the Village of Corrales and is also a renowned scenicbyway in the State of New Mexico. By relocating the Existing Site to the proposed location andredesigning it as an elm tree, this view corridor will be enhanced. First, the removal of the existing70’ flagpole which sits at the very front of the property 20’ off of the roadside will

Placing the new facility, while 15’ taller, in the back half of the property will dramatically decrease itsprofile and visibility from the frontage since it will be largely screened by the existing fire station,water tank, and other nearby structures. In addition, the elm tree design will more readily blend in inthose spots where it is visible above the tree line.

(e) Setback. All Wireless Telecommunications Facilities shall be set back from property boundaries by at leastone hundred ten percent (110%) of the total height of the facility, including all antennas and other structureslocated thereon, or by the applicable setback distance provided in Chapter 18, Article II, whichever is greater.

At 85’ overall height, the proposed antenna structure would need to be set back 93.5’ from allproperty lines to meet this requirement. Unfortunately, due to the narrow width of the property(167’ at its widest), we are unable to meet this setback and will request a variance. The structurewould only be 60’-4” to the south property line. However, if one takes into account the 40’ SherrodCourt right-of-way separating the fire station from the adjacent property to the south, the totaldistance to the adjacent property would be 100’-4”.

3.4 Site Design and Construction Pursuant to §18-208

Crown Castle’s proposed facility meets all requirements of this section:

(a) Height. Towers, antennas and other Wireless Telecommunications Facilities shall not exceed the followingheights:

(1) Eighty-five (85) feet on M zoned properties owned by the Village.

The proposed structure is 80’ tall to top of steel and 85’ tall to top of highest appurtenance(branches).

(b) Visual appearance . All Wireless Telecommunications Facilities shall be designed to fit in with theirsurroundings, including the buildings, vegetation, and other elements on the property where the WirelessTelecommunications Facility is located and those on adjacent and nearby properties, and to be minimallyobtrusive visually from adjacent properties and from roadways, paths, trails, and other public areas. Towersand other Wireless Telecommunications Facilities shall employ one or more of the following strategies tominimize visual obtrusion:

(3) Stealth Technology wherein the tower or other Wireless Telecommunications Facility is designed toresemble a common landscape element such as a flag pole, a water tank, or a tree of a type or speciesthat naturally occurs or is commonly maintained for fruit production or landscaping in the Corralesarea.

The elm tree design was specifically chosen to blend in with the character of the Corrales Road scenicbyway. Elms are a common, if not traditional, landscaping tree in the North Valley. As demonstratedin the accompanying photo simulations, from a distance the protruding visible portion of the antennastructure will blend into the tree line and not readily stand out as a wireless facility.

(c) Lighting . The Wireless Telecommunications Facility shall not be lighted unless lighting is specificallyrequired by applicable law or regulation of the FAA, the FCC, or other authority having jurisdiction. Lighting ifso required shall be the minimum necessary to meet the regulatory requirements, and shall to the maximumextent possible conform to the lighting standards set forth in Section 18-42.

Lighting of the antenna structure will not be required by the FAA. Technician work lights are includedin the design, but they shall operate on a timer and shall otherwise comply with Section 18-42 ofVillage code.

(d) Natural Resource Protection . The construction method shall not adversely impact natural resourcesincluding but not limited to resources such as the existing water table, water runoff or soil conditions.

No adverse impacts on natural resources are anticipated.

4. REQUEST FOR TELECOMMUNICATIONS FACILITY PERMIT PURSUANT TO §18-48

4.1 Background

As part of this application, Crown seeks a variance to the 110% setback (93.5’) from all property lines for thenew structure since the parent parcel is only 167’ wide at most. As a result, the structure is only 60’-4” fromthe south property line. Public safety will not be endangered by a variance from this standard since thestructure would still meet setbacks from adjacent properties when the public right-of way is factored in.Sherrod Court to the south is a 40’ public right-of-way which would bring the total distance between thestructure to the neighbor’s property to 100’-4”. The granting of this variance will serve the public interest byenhancing wireless coverage and services, improving the Corrales Road scenic byway by relocating theantenna structure deeper into the property, and preventing the proliferation of additional sites throughconstruction of a single multi-user facility.

4.2 Conditions For Variance Pursuant to §18-48(h)

Conditions for variance: The Planning and Zoning Commission may deny any request for a variance that isbased on conditions which are the result of the action of the applicant. Where the Planning and ZoningCommission finds that the strict application of the requirements of this article would result in a practicaldifficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building,a variance may be granted provided that:

(1) The variation of this article will not be contrary to the public interest,

As stated as part of the justification for this relocated facility, there are numerous public benefits tomodernizing and enhancing wireless service within the Village. By permitting a new antennastructure on the property which augments wireless coverage, permits the deployment of the latest inwireless technologies and also allows for shared use by multiple service providers, the Village cansatisfy the present and future needs of residents, business owners, and public safety professionalswho increasingly rely on wireless networks as an essential, if not primary, means of communication.

(2) The variation will not adversely affect adjacent property owners or residents,

Reducing the setback to accommodate the new 85’ antenna structure will not present any danger tothe safety and welfare of adjacent property owners. While the 93.5’ setback to the property line isnot achievable on this property, when one takes into account the adjoining Sherrod Court publicright-of-way, the safety buffer of 100’-4” from the adjacent property is larger than 93.5’ (110% of thestructure height) still exists. As such, the variance would not put any risk on adjacent properties.

(3) The conditions are unique to the property, and

As with many parcels within Village limits, the subject property is deep but narrow. It measuresapproximately 465’ by 167’ at its widest point. The required setback for an 85’ antenna structure is93.5’ from each property line, which is impossible to meet on a narrow 167’ lot.

(4) The variance is authorized only for lot controls and not for use of the premises.

A wireless telecommunications facility up to 85’ in height and otherwise compliant with therequirements of the municipal code is a permitted use on the subject property (zoned M-1) underSection 18-207(a)

5. ANALYSIS OF FEDERAL LAW

In addition to local and state law, this application is governed by the federal Communications Act, 47 U.S.C. §332(c)(7)(B). In the Telecommunications Act of 1996, Pub. L. No 104-104, 110 Stat. 56 (“Telecom Act”)Congress added Section 332(c)(7)(B), which provides rights to wireless service providers and establisheslimitations upon state and local zoning authorities with respect to applications for permits to constructwireless service facilities. The express purpose of the Act is “to promote competition and reduce regulation inorder to secure lower prices and higher quality services for American telecommunications consumers.” Pub.L. No. 104-104, 110 Stat. 56, 56 (1996); see also City of Rancho Palos Verdes v. Abrams, 544 U.S. 113, 115(2005). It also is intended to “encourage the rapid deployment of new telecommunications technologies.”Id.; see also H.R. Conf. Rep. No. 104-458, at 113 (1996) (purpose of the 1996 Act is “to provide for a procompetitive, deregulatory national policy framework designed to accelerate rapidly private sector

deployment of advanced telecommunications and information technologies and services.., by opening alltelecommunications markets to competition”). Recognizing that wireless service can bring enormous benefitsto communities and can boost jobs and economic productivity, this important law and subsequent regulationsapplicable to wireless facilities, were enacted to remove impediments to and promote the rapid deploymentof wireless technology on a national basis.

The applicable limitations and directives include the following:

(a) State and local governments may not unreasonably discriminate among providers offunctionally equivalent services (332(c)(7)(B)(i)(l)).

(b) State and local governments may not regulate the placement, construction or modification ofwireless service facilities in a manner that prohibits, or has the effect of prohibiting, the provision ofpersonal wireless services (better known as the “effective prohibition clause”) (332(c)(7)(B)(i)(ll)).

(c) State and local governments must act on requests for authorization to construct or modifywireless service facilities within a reasonable period of time (332(c)(7)(B)(ii)).

(d) Any decision by a state or local government to deny a request for construction ormodification of personal wireless service facilities must be in writing and supported by substantialevidence contained in a written record (332(c)(7)(B)(iii)).

(e) Finally, no state or local government or instrumentality thereof may regulate the placement,construction or modification of personal wireless service facilities on the basis of the perceivedenvironmental effects of radio frequency emissions to the extent that such facilities comply withfederal communications commission’s regulations concerning such emissions (332(c)(7)(B)(iv)). Seeproof of FCC Compliance enclosed as Attachment 6.

Rapid deployment of wireless facilities is an important national issue, especially given the trend of Americanseliminating traditional landline service in favor of wireless communications. The Center for Disease Controland Prevention (“CDC”) tracks “wireless substitution” rates as part of its National Health Interview Survey andpublishes the findings every six months in its Wireless Substitution reports. The most recent report, issued inDecember of 2017, estimates that more than one-half (52.5%) of American homes have only wireless phones.

Reliable and robust wireless communication is essential, especially considering over half of Americans andColoradans do not have a landline and rely on wireless service to conduct personal and businesscommunications, to access the internet or to reach emergency responders. Ensuring access in the event of anemergency is critical be it communications between emergency service personnel or for people calling forhelp.

6. CONCLUSION

Crown Castle is seeking approval of a Telecommunications Facility Permit with Variance for Setbacks withinthe M-1 zone in order to construct a wireless facility that can accommodate the latest in wireless networktechnology and serve as a shared facility for future providers. By replacing the existing 70’ flagpole facilitywith an 85’ elm tree structure, existing and future providers will be able to deploy all of the advanced wirelesstechnologies to serve the residents of Corrales and avoid the proliferation of additional towers byconsolidating up to four carriers onto one facility. Crown has designed the facility to appear as tree speciesnative to the area and set it back into the property in order to mitigate to the fullest degree possible the

project’s visual impact on the surrounding neighborhood and the Corrales Road scenic byway. Thecombination of the proposed facility’s versatility and its camouflage design make it the least intrusive optionto provide robust advanced wireless services within this area of the Village for existing and future providers.

7. ATTACHMENTS

1. Legal Description2. Lease Agreement3. Engineered Site Plan4. Cultural Resources Survey5. Photo Simulations6. RF Emissions Report

7. FCC Licenses

Attachment 1

Legal Description

LOT A

A TRACT OF LAND SITUATE IN WHAT WOULD BE SECTION 4, T. 12 N.. P. 3 E., N.M..M.,BEING IN THE VILLAGE OF CORRALES, COUNTY OF SANDOVAL, STATE CF NEW MEXICO,BEING A PART OF TRACTS 9A1 & 9A2, AS SHOW\ ON THE ROERTY MAP ‘18 OF THEMIDDLE RIO GRANDE CONSERVANCY DISTRICT, BOUNDED ON THE

NORTH BY LAND NUW OR FC\lERLY OF CLORY SIL\JA, ON THEEAST BY THE REMAINING PORTION OF TR. 9A1 & 9A2, ON THESOUTH BY LAND NOW OR FORkIERLY OF FRED COURY, ON THEWEST BY THE CORRALES ROAD (S46),

AND I/ORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE \E CDSriE. WHENCE A POINT RUNG THE NE CORNER OF SAID TRACT9A2 BEARS S.THE CORRALESSAID DRAIN INS. 65 DEC. 00’

65 DEC. 00’ E.,INTERIOR DRAINTHE OFFICES OFE., A DISTANCE

A DISTANCEAT STATIONTHE MIDDLECF 940.0 FEET;

OF 7514 FEET, WHENCE THE CENTER LINE OF59+86.5 AS. SHCWN BY THE DETAIL MAP OFRIO GRANDE CONSERVANCY DISTRICT DEARS

THENCE N. 65THENCE S. 26THENCE S. 64THENCE N. 25OF BEGINNING.

A DISTANCE OF 454.0 FEET TO THE NA‘A., A DISTANCE OF 160.0 FEET TO THEE., A DISTANCE OF 455.0 FEET TO THEE., A DISTANCE OF 167.6 FEET TO THE

C OR N ER;,‘V CDNER;

SE CCVNER;NE CO-sNER, PLACE

DEC. 00’ AD,DEC. 26’ 20”DEC. 02’ 30”DEC. 5/’ 30”

Laurie Stout

From: Con Strife <[email protected]>Sent: Friday, April 30, 2021 8:47 PMTo: Laurie StoutSubject: RE: Crown insurance certificate and bond statement

Laurie;

Thanks for sending that along. There is, in fact, a waiver of subrogation clause included in the lease agreement thatsatisfies my concern for liability. It is Paragraph 16 under the Lease.

Thank youlCo ri

From: Laurie Stout <[email protected]>Sent: Friday, April 30, 2021 9:01 AMTo: Con Strife <[email protected]>Subject: RE: Crown insurance certificate and bond statement

Con,

Yes, the lease agreement is attached.

RE: My primary concern is the language in the policy which states that Crown will waive their subrogation rights in favorof the Village (such that Crown will be responsible first for insurance claims and won’t pursue the Village for that money)but only in the event that it is “when agreed in written contract prior to the loss.” I believe as long as there is language inthe lease reflecting similar waivers from Crown, that should be sufficient, but I would love to see it to verify thatminimizes the Village’s exposure.

Is there a way to perhaps request a “lease addendum” or such from them that would satisfy your concern, in the eventit is not in the attached?

From: Con Strife <[email protected]>Sent: Friday, April 30, 2021 8:57 AMTo: Laurie Stout <LStoutcorrales-nm.org>Cc: Randy Autio <[email protected]>; [email protected]: RE: Crown insurance certificate and bond statement

Laurie,

I think that this will cover the concern about the insurance policies’ need to be renewed annually. I would clarify withthem, perhaps in an email or letter, that compliance with the ordinance entails evidencing continued coverage byproviding the renewed policies annually. Do you happen to have the lease agreement? My primary concern is thelanguage in the policy which states that Crown will waive their subrogation rights in favor of the Village (such that Crownwill be responsible first for insurance claims and won’t pursue the Village for that money) but only in the event that it is“when agreed in written contract prior to the loss.” I believe as long as there is language in the lease reflecting similarwaivers from Crown, that should be sufficient, but I would love to see it to verify that minimizes the Village’s exposure.

Thanks

1

Laurie Stout

From: Con Strife <[email protected]>Sent: Thursday, April 29, 2021 11:06 PMTo: Laurie Stout

Cc: Randy Autio; patrick@NMLGLcomSubject: Re: Crown insurance certificate and bond statement

Good evening Laurie;

I am writing to follow up with you regarding the liability insurance and bond statement from Crown Castle for replacingthe cell tower located at the Fire Station. I reviewed the insurance coverage on the policy Crown Castle secured, and itappears to be exactly in compliance with the Village code dictating the minimum requirements for both coverages andthe bond. I do have a couple of notes, which are largely items to consider with the understanding that theirdevelopment of the site and continued lease of the cell tower space will last for greater than one year.

The Village may want to request that Crown Castle procures their policy for a longer term of insurance coverage. As itstands, the policy is set to expire after one year, which means that Crown will need to provide the Village with arenewed policy statement annually. Based on the existing codes and ordinances, it seems that annual renewal wherebythe insured provides new policy information on expiration of the old policy is somewhat standard practice for theVillage. There is nothing wrong with this, but it does mean that the Village, and/or Crown, will need to be aware of theexpiration date of the policy and either request or provide the renewed policy information. I suggest ensuring that thelease clarifies Crown Castle’s requirement to maintain these minimum insurance coverages through the duration of theirpresence on the premises, and that they are required to provide a copy of the annual insurance policy renewal to theVillage no later than the date of expiration each year.

The other thought I have is that there is a waiver of subrogation in favor of the Village written into the policy — this isgood for the Village, but it would be beneficial for Crown Castle and the Village to have written clarification in thecontract or lease agreement that defines under what terms the Village will be liable under the insurance policy. Thesituation I can foresee this perhaps arising is if the Village or one of the Village’s employees causes the damage to thecell tower. It would be worth putting terms for subrogation into the written lease agreement, as the insurance policyspecifically states that terms for subrogation must be expressed in writing for the waiver to be in effect.

Please let me know if this addresses your concerns, or if you have any additional questions.Thank you,Con Strife

(505)400-7215NM Local Government Law LLC2420 Comanche Road Ste H-6Albuquerque, NM 87107

The unauthorized disclosure or interception of e-mail is a federal crime. This e-mail is intended only for the use of those to whom it is addressed and may containprivileged or confidential information which is exempt from disclosure under the law. If you have received this e-mail in error, return it immediately and notify us at

505-889-0983. Thank you.

1

April 19,2021

Laurie StoutVillage of Corrales Planning and Zoning Department

4324 Corrales RoadCorrales, NM 87048

RE: Proposed Wireless Telecommunications Facility — 4920 Corrales Road

Section 18-209(b) Fiscal Responsibility Commitment

Dear Ms. Stout:

Please accept this letter as evidence of commitment by Crown Atlantic Company LLC (“Crown”) to

fulfill the Fiscal Responsibility requirements of Section 1 8-209(b) of the Village of Corrales municipal

code with regard to the proposed Wireless Telecommunications Facility at 4920 Corrales Road.

Crown will deliver the $75,000 performance bond and certificate of insurance indicating coverage in the

amounts stipulated in the code to the Village prior to pulling its building pennit for the project, should it

be approved. The bond and insurance will remain in effect for the duration of the telecommunications

Facility Permit, the term of the lease agreement with the Village, and the existence of the facility on the

propert).

lfyou have any questions. please do not hesitate to contact me at (480) 862-4723.

Sincerely, -

Heath ReedSite lJevelopment Project ManagerCromin Atlantic Company. L1,C

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(C ) 8618 Westwood Center Drive, Suite 315, Vienna, VA 22182

S iteSafeA (uAT7FCompat7y

Crown Castleon behalf of Verizon WirelessSite BU Number — 800036Application ID — VzW 492745Site Name - NM CORRALES CAC 800036Site Compliance Report

4920 Corrales RoadCorrales, NM 87048

Latitude: N35-13-48.60Longitude: Wi 06-36-42.00Structure Type: Mono-Elm

Report generated date: April 19, 2021Report by: Leo RomeroCustomer Contact: Heath Reed

Verizon Wireless will be compliant upon completionof the remediation identified in Section 2.2.

© 2021 Site Sate, LLC, Vienna, VA

sealed 21 apr2021 Electrical Engineer

fz

SiteSafe4 fiCo,,,p.wy

Crown Castle on behalf of Verizon WirelessNM CORRALES CAC 800036 - 800036

Radio Frequency (RF) Site Compliance Report

4920 Corrales Road, Corrales, NM 87048

8618 Westwood Center Drive • Suite 315 • Vienna, VA 22182703.276.1100 • [email protected]

Lj SiteSafe4 C)uT7?C,,,,p,,v

Table of Contents

1 EXECUTIVE SUMMARY 3

2 SITE COMPLIANCE 4

2.1 SITE COMPLIANCE STATEMENT 42.2 ACTIONS FOR SITE COMPLIANCE 4

3 ANALYSIS 5

3.1 RF EXPOSURE DIAGRAM 5

4 ANTENNA INVENTORY 10

5 ENGINEER CERTIFICATION 13

APPENDIX A — STATEMENT OF LIMITING CONDITIONS 14

APPENDIX B — ASSUMPTIONS AND DEFINITIONS 15

GENERAL MODEL ASSUMPTIONS 1 5DEFINITIONS 1 6

APPENDIX C — RULES & REGULATIONS 18

EXPLANATION OF APPLICABLE RULES AND REGULATIONS 18OCCUPATIONAL ENVIRONMENT EXPLAINED 1 8

APPENDIX D - GENERAL SAFETY RECOMMENDATIONS 19

ADDITIONAL INFORMATION 20

APPENDIX E — REGULATORY BASIS 21

FCC RULES AND REGULATIONS 21

APPENDIX F — SAFETY PLAN AND PROCEDURES 23


SiteSafeA

1 Executive Summary

Crown Castle on behalf of Verizon Wireless has contracted with Site Safe, [[C(Sitesafe), an independent Radio Frequency (RE) regulatory and engineeringconsulting firm, to determine whether the proposed communications site, 800036 -

NM CORRALES CAC 800036, located at 4920 Corrales Road, Corrales, NM, is incompliance with the Federal Communications Commission (FCC) Rules andRegulations for RF exposure.

This report contains a detailed summary of the RE environment at the site including:

• Diagram of the site• Inventory of the make / model of all antennas• Theoretical MPE based on modeling

This report addresses exposure to radio frequency electromagnetic fields inaccordance with FCC rules and regulations for all individuals, classified in two groups,Occupational or Controlled” and General Public or Uncontrolled.”

Verizon Wireless will be compliant with the FCC Rules and Regulations, as describedin OET Bulletin 65, upon implementation of the proposed remediation. The correctiveactions needed to make this site compliant are located in Section 2.2.

Verizon Wireless proposes to build a new wireless site. The proposed antennas arenoted as “Proposed” in the antenna table under Section 4.

This document and the conclusions herein are based on the information provided byCrown Castle on behalf of Verizon Wireless.

If you have any questions regarding RE safety and regulatory compliance, please donot hesitate to contact Sitesafe’s Customer Support Department at (703) 276-1100.


Page 3

SiteSafeA

2 Site Compliance

2.1 Site Compliance StatementUpon evaluation of the cumulative RF exposure levels from all operators at this site,Sitesafe has determined that:

Verizon Wireless will be compliant with the FCC Rules and Regulations, as describedin OET Bulletin 65, upon implementation of the proposed remediation. The correctiveactions needed to make this site compliant are located in Section 2.2.

The compliance determination is based on theoretical modeling, RE signageplacement recommendations, proposed antenna inventory and/or the level ofrestricted access to the antennas at the site. Any deviation from the proposedVerizon Wireless deployment plan could result in the site being rendered non-compliant upon further evaluation.

2.2 Actions for Site ComplianceBased on common industry practice and our understanding of FCC and OSHArequirements, this section provides a statement of recommendations for sitecompliance. If required, RE alert signage recommendations have been proposedbased on theoretical analysis of MPE levels. Where applicable, barriers can consistof locked doors, fencing, railing, rope, chain, paint striping or tape, combined withRE alert signage.

Verizon Wireless will be compliant if the following changes are implemented:

Base of Mono-ElmEnsure that a Warning sign is installed.Ensure that a NOC Information sign is installed.

Note: The compound gate or the mono-elm access must be locked/restricted forthe site to be in compliance.


Page 4

3 Analysis

SiteSafeA (,Z7’k

3.1 RF Exposure DiagramThe RF diagram(s) below display theoretical percentage of the MaximumPermissible Exposure for all systems at the site. These diagrams use modeling asprescribed in OFT Bulletin 65 and assumptions detailed in Appendix B.

The key at the bottom of each diagram indicates if percentages displayed arereferenced to FCC General Public Maximum Permissible Exposure (MPE) limits. Colorcoding on the diagram is as follows:

% of FCC Public Exposure Limit

5000+

This table displays the maximum theoretical percentage of the FCC’s General PublicMPE limits:

General Public Levels:Exposure Type: Maximum Spatial Average

Reference Level: Antenna Level Ground/Water TankVerizon Wireless: 8,732.0% <1%

Composite: 8,748.0% <1%

Note: On the diagrams shown below, each level is marked with a height. For alldiagrams that are marked as Spatially Averaged, the modeling program willspatially average the exposure within the area six feet above each set level. Thisprovides an accurate spatial average of the percentage of the FCC’s MPE limitswithin an accessible area.

In the RF exposure simulations below, all heights are reflected with respect toground level. Each different area, rooftop, or platform level is labeled with its heightrelative to the main site level. Exposure is calculated appropriately based on therelative height and location of that area to all antennas. The analyzed elevations inthe RF exposure simulations are as follows:

‘ Ground Level=0’• Top of Water Tank = 30’• Storage Container = 8’


Page 5

0-5 5-100 100-500 500-5000

Sitesafe OET-6S ModelNear Field Boaridary

1 5 ApertoreReflection Factor: 1

SpataIly Averaged

RF Exposure Simulation For: NM CORRALES CAC 800036Composite View

% of FCC Public Exposure LimitSpatially Averaged

(Feet)

0 12.4 24.8

www.sitesafe.com4/13/2021 2:4311 PM

% of FCC PbIic EEP000EC Siorit

Crre, ldontifktion

Slat MCI 1110101 vonhzvv S. 111015 Q MOOSE Q 51551 Q ONINOWN CR51 ER

Flitting Bt,OierB:rnign

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RE Exposure Simulation For: NM CORRALES CAC 800036Detail View

—4”- •4--

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Spatially Averaged

% ot FCC Pablo ESpoSure Limit

(Feet)

0 6.1 12.2

www.sitesafe.com4/13/20212:4405 PM

Sitesafe OET65 ModelNear Field Boundary:

1.5 • Aperture

Reflection Factor ISpat:ally Averaged

GROUND LEVEL

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RE Exposure Simulation For: NM CORRALES CAC 800036Verizon Wireless Contribution

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%of FCC Public E ,oeur hoyt

Sitesafe OET-65 ModelNear Field Boundary:

1.5 • ApertureReflection Factor: 1

Spatially Averaged


Spatially Averaged

(Feet)

0 12.5 25

www.sitesafe.com4/13/2021 2:44:40 PM

Carrier Identifketion

clOT ooeiiiry TIC vtei100 TvieitTss specie

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Sitesafe OET-65 ModelNear Field Boundary:

1.5 • ApertureReflection Factor: 1

Single Lend (0)

RF Exposure Simulation For: NM CORRALES CAC 800036Elevation View

MONO-ELM= 80 AGL

U 0

VERIZON ANTENNAS RAD CL= 80 AGL

4

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% of FCC Pub(c Exposure L(m(t

Single Leve) (0)

(Feet)

0 8.5

www.sitesafe .com4/13/2021 2:53:38 PM

17

runt FCC Pcblic EcpcAr Limit

0-5 5-100 100-500 500-5000 5000+

Carrier identification

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(h)) SiteSafeA

4 Antenna Inventory

The Antenna Inventory shows all transmitting antennas at the site. This inventory wasprovided by the customer and was utilized by Sitesate to perform theoreticalmodeling of RF exposure. The inventory coincides with the site diagrams in this report,identifying each antennas lacation at 800036 - NM CORRALES CAC 800036. Theantenna information collected includes the following information:

• Licensee or wireless operator name• Frequency or frequency band• Transmitter power—Transmitter Power Output (TPO”), Effective Radiated

Power (‘ERP”), or Equivalent Isotropic Radiated Power (EIRP”)• Antenna manufacturer make, model, and gain

For other carriers at this site, equipment, antenna madels and nominal transmitpower were used for modeling, based on past experience with radio serviceproviders or data provided by Crown Castle.


Page 10

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SiteSafeA fr7wCo’’parn

5 Engineer Certification

The professional engineer whose seal appears on the cover of this document hereby

certifies and affirms:

That I am registered as a Professional Engineer in the jurisdiction indicated in

the professional engineering stamp on the cover of this document; and

That I, Michael A McGuire, am currently and actively licensed to provide (in

this state/jurisdiction as indicated within the professional electrical engineering

seal on the cover of this document) professional electrical engineering

services, as an employee of Hurricane Hill Development Company, PLLC , a

duly authorized/registered engineering firm (in this state, as applicable) on

behalf of Site Safe, LLC; and

That I am thoroughly familiar with the Rules and Regulations of the Federal

Communications Commission (FCC) as well as the regulations of the

Occupational Safety and Health Administration (OSHA), both in general and

specifically as they apply to the FCC Guidelines for Human Exposure to Radio

Frequency Electromagnetic Fields; and

That I have thoroughly reviewed this Site Compliance Report and believe it to

be true and accurate to the best of my knowledge as assembled by and

attested to by Leo Romero.

April 21, 2021


Page 13

SiteSafeA rrRCo,np.,w

Appendix A — Statement of Limiting Conditions

Sitesafe will not be responsible for matters of a legal nature that affect the site orproperty.

Due to the complexity of some wireless sites, Sitesafe performed this analysis andcreated this report utilizing best industry practices and due diligence. Sitesafe cannotbe held accountable or responsible for anomalies or discrepancies due to actual siteconditions (i.e. mislabeling of antennas or equipment, inaccessible cable runs,inaccessible antennas or equipment, etc.) or information or data supplied by VerizonWireless, the site manager, or their affiliates, subcontractors or assigns.

Sitesafe has provided computer generated model(s) in this Site Compliance Report toshow approximate dimensions of the site, and the model is included to assist thereader of the compliance report to visualize the site area, and to provide supportingdocumentation for Sitesafe’s recommendations.

Sitesafe may note in the Site Compliance Report any adverse physical conditions, suchas needed repairs, observed during the survey of the subject property or that Sitesafebecame aware of during the normal research involved in performing this survey.Sitesafe will not be responsible for any such conditions that do exist or for anyengineering or testing that might be required to discover whether such conditions exist.Because Sitesafe is not an expert in the field of mechanical engineering or buildingmaintenance, the Site Compliance Report must not be considered a structural orphysical engineering report

Sitesafe obtained information used in this Site Compliance Report from sources thatSitesafe considers reliable and believes them to be true and correct. Sitesafe does notassume any responsibility tar the accuracy of such items that were furnished by otherparties. When conflicts in information occur between data provided by a second partyand physical data collected by Sitesafe, the physical data will be used.


Page 14

SiteSafe4

Appendix B — Assumptions and Definitions

General Model AssumptionsIn this site compliance report, it is assumed that all antennas are operating at fullpower at all times. Software modeling was performed for all transmitting antennaslocated on the site. Sitesafe has further assumed a 100% duty cycle and maximumradiated power.

The site has been modeled with these assumptions to show the maximum RF energydensity. Sitesafe believes this to be a worst-case analysis, based on best availabledata. Areas modeled to predict exposure exposure greater than 100% of theapplicable MPE level may not actually occur but are shown as a worst-caseprediction that could be realized real time. Sitesafe believes these areas to be safefor entry by occupationally trained personnel utilizing appropriate personalprotective equipment (in most cases, a personal monitor).

Thus, at any time, if power density measurements were made, we believe the realtime measurements would indicate levels below those depicted in the RF exposurediagram(s) in this report. By modeling in this way, Sitesafe has conservatively shownexclusion areas — areas that should not be entered without the use of a personalmonitor, carriers reducing power, or performing real-time measurements to indicatereal-time exposure levels.


Page 15

SiteSafe.4

Definitions

5% Rule - The rules adopted by the FCC specify that, in general, at multipletransmitter sites actions necessary to bring the area into compliance with theguidelines are the shared responsibility of all licensees whose transmitters producefield strengths or power density levels at the area in question in excess of 5% of theexposure limits. In other words, any wireless operator that contributes 5% or greater ofthe MPE limit in an area that is identified to be greater than 100% of the MPE limit isresponsible for taking corrective actions to bring the site into compliance.

Compliance — The determination of whether a site complies with FCC standards withregards to Human Exposure to Radio Frequency Electromagnetic Fields fromtransmitting antennas.

Decibel (dB) - A unit for measuring power or strength of a signal.

Duty Cycle - The percent of pulse duration to the pulse period of a periodic pulsetrain. Also, may be a measure of the temporal transmission characteristic of anintermittently transmitting RF source such as a paging antenna by dividing averagetransmission duration by the average period for transmission. A duty cycle of 100%corresponds to continuous operation.

Effective (or Equivalent) Isotropic Radiated Power (EIRP) - The product of the powersupplied to the antenna and the antenna gain in a given direction relative to anisotropic antenna.

Effective Radiated Power (ERP) — The product of the power supplied to the antennaand the antenna gain in a given direction relative to a half-wave dipole antenna.

Gain (of an antenna) — The ratio, usually expressed in decibels, of the power requiredat the input of a loss-free reference antenna to the power supplied to the input of thegiven antenna to produce, in a given direction, the same field strength or the samepower density at the same distance. When not specified otherwise, the gain refers tothe direction of maximum radiation. Gain may be considered for a specifiedpolarization. Gain may be referenced to an isotropic antenna (dBi) or a half-wavedipole (dBd) antenna.

General Population/Uncontrolled Environment — Defined by the FCC as an areawhere RF exposure may occur to persons who are unaware of the potential forexposure and who hove no control over their exposure. General Population is alsoreferenced as General Public.

Generic Antenna — For the purposes of this report, the use of Generic’ as anantenna model means the antenna information was not provided and could not beobtained while on site. In the event of unknown information, Sitesofe will use itsindustry specific knowledge of antenna models to select a worst-case scenarioantenna to model the site.

Isotropic Antenna — An antenna that is completely non-directional. In other words, anantenna that radiates energy equally in all directions.


Page 16

SiteSafeA

Maximum Measurement — This measurement represents the single largestmeasurement recorded when performing a spatial average measurement.

Maximum Permissible Exposure (MPE) — The rms and peak electric and magnetic fieldstrength, their squares, or the plane-wave equivalent power densities associated withthese fields to which a person may be exposed without harmful effect and withacceptable safety factor.

Occupational/Controlled Environment — Defined by the FCC as an area where REexposure may occur to persons who are aware of the potential for exposure as acondition of employment or specific activity and can exercise control over theirexposure.

GET Bulletin 65 — Technical guideline developed by the FCC’s Office of Engineeringand Technology to determine the impact of RE exposure on humans. The guidelinewas published in August 1997.

OSHA (Occupational Safety and Health Administration) — Under the OccupationalSafety and Health Act of 1970, employers are responsible for providing a safe andhealthy workplace for their employees. OSHA’s role is to promote the safety andhealth of America’s working men and women by setting and enforcing standards;providing training, outreach and education; establishing partnerships; andencouraging continual process improvement in workplace safety and health. Formore information, visit www.osha.gov.

Radio Frequency Exposure or Electromagnetic Fields — Electromagnetic waves thatare propagated from antennas through space.

Spatial Average Measurement — A technique used to average a minimum of ten (10)measurements taken in a ten (10) second interval from zero (0) to six (6) feet. Thismeasurement is intended to model the average energy a 6-foot tall human body willabsorb while present in an electromagnetic field of energy.

Transmitter Power Output (TPO) — The radio frequency output power of a transmitter’sfinal radio frequency stage as measured at the output terminal while connected to aload.


Page 17

SiteSafe4

Appendix C - Rules & Regulations

Explanation of Applicable Rules and RegulationsThe FCC has set forth guidelines in OET Bulletin 65 for human exposure to radiofrequency electromagnetic fields. Specific regulations regarding this topic are listedin Part 1, Subpart I, of Title 47 in the Code of Federal Regulations. Currently, there aretwo different levels of MPE - General Public MPE and Occupational MPE. Anindividual classified as Occupational can be defined as an individual who hasreceived appropriate RF training and meets the conditions outlined below. GeneralPublic is defined as anyone who does not meet the conditions of beingOccupational. FCC and OSHA Rules and Regulations define compliance in terms oftotal exposure to total RF energy, regardless of location of or proximity to the sourcesof energy.

It is the responsibility of all licensees to ensure these guidelines are maintained at alltimes. It is the ongoing responsibility of all licensees composing the site to maintainongoing compliance with the FCC Rules and Regulations. Individual licensees thatcontribute less than 5% MPE to any total area out of compliance are not responsiblefor corrective actions.

OSHA has adopted and enforces the FCC’s exposure guidelines. A building owner orsite manager can use this report as port of an overall RF Health and Safety Policy. It isimportant for building owners/site managers to identify areas in excess of the GeneralPopulation MPE and ensure that only persons qualified as Occupational are grantedaccess to those areas.

Occupational Environment ExplainedThe FCC definition of Occupational exposure limits apply to persons who:

• are exposed to RF energy as a consequence of their employment;• have been made aware of the possibility of exposure; and• can exercise control over their exposure.

OSHA guidelines go further to state that persons must complete RE Safety Awarenesstraining and must be trained in the use of appropriate personal protectiveequipment.

In order to consider this site an Occupational Environment, the site must be controlledto prevent access by any individuals classified as the General Public. Compliance isalso maintained when any non-occupational individuals (the General Public) areprevented from accessing areas indicated as Red or Yellow in the attached RFexposure diagram. In addition, a person must be aware of the RF environment intowhich they are entering. This can be accomplished by an RE Safety Awareness class,and by appropriate written documentation such as this Site Compliance Report.

All Verizon Wireless employees who require access to this site must complete RESafety Awareness training and must be trained in the use of appropriate personalprotective equipment.


Page 18

Laurie Stout

From: Denny Rossbach <[email protected]>Sent: Wednesday, April 21, 2021 7:26 PMTo: Laurie StoutSubject: Re: Updated NIER report - Report Complete

The FCC has announced that rule changes detailed in a lengthy 2019 Report and Order governing RF exposurestandards go into effect on May 3, 2021.

The new rules do not change existing RF exposure (RFE) limits but do require that stations in all services, be evaluatedagainst existing limits, unless they are exempted. For stations already in place, that evaluation must be completed by May3, 2023. After May 3 of this year, any new station, or any existing station modified in a way that’s likely to change its RFEprofile — such as different antenna or placement or greater power — will need to conduct an evaluation by the date ofactivation or change.

“In the RF Report and Order, the Commission anticipated that few parties would have to conduct reevaluations under thenew rules and that such evaluations will be relatively straightforward,” the FCC said in an April 2 Public Notice.“It nevertheless adopted a 2-year period for parties to verify and ensure compliance under the new rules.”

Careful reading of the document

“Crown Castleon behalf of Verizon WirelessSite BU Number — 800036Application ID — VzW 492745Site Name — NM CORRAL ES CAC 800036Site Compliance Report April 19, 2021”

provided to the Village shows that the new requirements are, in fact, met or exceeded when the recommended signageand access controls are in place.

It is noted that the layout shown for the antenna siting does not include the new firefighter residence facilities recentlyconstructed, however:

They are located more distant from the antenna arrays than the water tank and are lower in height so the levelsexperienced by firefighting personnel would be within the guidelines even if the facilities were open-air constructs.

In addition the new facilities have a metal roof and construction materials that would reflect and absorb the levels inside(or on the associated porch well below those allowed) at cellular frequencies.

The detail, level of analysis, detail, and completeness of the analysis are excellent and allow us to easily come to theseconclusions. Any future analyses should, however, include the firefighting residence facilities explicitly to avoid anyimpression by the public that they are being ignored.

Denny Rossbach, PhDCorrales

On 4/21/2021 9:36:09 AM, Laurie Stout <Istoutcorrales-nm.org> wrote:

Here is that updated report we’ve been waiting for on the new proposed cell tower at the Fire Station. Whatchanged on our end (why we requested a new report after a couple years) is now there are some staff quarters atthe Fire Station, around the back. Chief wants to make sure they are not exposed to undue RF.

1

I really, really appreciate your willingness to look at this and comment. They did a great job with the last one,hopefully that is the case here as well!

Laurie Stout

From: Reed, Heath <Heath [email protected]>Sent: Wednesday, April 21, 2021 9:25 AMTo: Laurie Stout <LStoutcorralesnm.org>Cc: Stannard, Richard <[email protected]>; Nicholas Romano<[email protected]>Subject: FW: 800036 -- NM CORRALES CAC 800036 -- VzW 492745 - Report Complete

Good morning Laurie,

Attached is the updated Nier Report as requested. Let me know if you have any questions.

Thanks

HEATH REED

Site Development Project Manager - PHX

CCRE — Strategic Relocation

M: (480) 862-4723

CROWN CASTLE

2055 S. Stearman Drive, Chandler, AZ 85286

CrownCastle.com

From: lsherpasitesafe.com <[email protected]>Sent: Wednesday, April 21, 2021 8:18 AM

2

“F’

FCC 601-MBOctober 2017

REFERENCE COPYThis is not an official FCC license. It is a record of public information contained in the FCCs licensing database on the date that this referencecopy was generated. In cases where FCC rules require the presentation, posting, or display of an FCC license, this document may not be usedin place of an official FCC license.

Federal Communications CommissionWireless Telecommunications Bureau

RADIO STATION AUTHORIZATION

LICENSEE: VERIZONWIRELESS (VAW) LLC

ATTN: REGULATORYVERIZON WIRELESS (VAW) LLC5055 NORTH POINT PKWY, NP2NE NETWORK ENGINEERINGALPHARETTA, GA 30022

FCC Registration Number (FRN): 0008OO

Call Sign File NumberKNLH655 0007716205

Radio ServiceCW - PCS Broadband

This authorization is subject to the condition that, in the event that - - — same frequencies as granted herein areauthorized in an adjacent foreign territory (Canada/United States), future coordination of any base station transmitters within 72km (45 miles) of the United States/Canada border shall be required to eliminate any harmful interference to operations in theadjacent foreign territory and to ensure continuance of equal access to the frequencies by both countries.

License renewal granted on a conditional basis, subject to the outcome of FCC probeeding WT Docket No. 10-112 (see FCC10-86, paras. 113 and 126).

Conditions:—

Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h), this license is subject to thefollowing conditions: This license shall not vest in the licensee any right to operate the station nor any right in the use of thefrequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither thelicense nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of1934, as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by §706 ofthe Communications Act of 1934, as amended. See 47 U.S.C. §606. 4..

This license may not authorize operation throughout the entire geographic area or spectrum identified on th hrdcopy version.To view the specific geographic area and spectrum authorized by this license, refer to the Spectrum and Market Area informatiorunder the Market Tab of the license record in the Universal Licensing System (ULS). To view the license record, go to the ULShomepage at http://wireless.fcc.gov/uls/index.htm?job=home and select “License Search”. Follow the instructions on how tosearch for license information.

Page 1 of3

REFERENCE COPYThis is not an official FCC license. It is a record of public information contained in the FCCs licensing database on the date that this referencecopy was generated. In cases, where FCC rules require the presentation, posting, or display of an FCC license, this document may not be usedin place of an official FCC license.

Federal Communications Commission

_____

Wireless Telecommunications Bureau

LICENSEE: CELLCO PARTNERSHIP

ATTN: REGULATORYCELLCO PARTNERSHIP .

5055 NORTH POINT PKWY, NP2NE NETWORK ENGINEERINGALPHARETTA, GA 30022



L

FCC Registration Number (FRiN): 0003290673 1

Call Sign File NumberWQGB218

Radio ServiceAW - AWS (1710-1755 MHz and

2110-2155 MHz)

Waivers/Conditions:

This authorization is conditioned upon the licensee, prior to initiating operations from any base or fixed station, makingreasonable efforts to coordinate frequency usage with known co-channel and adjacent channel incumbent federal usersoperating in the 1710-1755 MHz band whose facilities could be affected by the proposed operations. See, e.g., FCC and NTIACoordination Procedures in the 1710-1755 MHz Band, Public Notice, FCC 06-50, WTB DôcketNo. 02-353, rel. April 20,2006.

Conditions:Pursuant to §309(h) of the Conimunications Act of 1934 as amended 47 U S C §309(h) this license is subject to thefollowing conditions: This license shall not vest in the licensee any right to operate the station nor any ‘right in the use of thefrequencies designated in the license beyond the term thereof nor in any other manner than authorized herein Neither thelicense nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of1934 as amended See 47 U S C § 310(d) This license is subject in terms to the nght of use or controlØrredby §706 ofthe Communications Act of 1934, as amended. See 47 U.S.C. §606. ‘‘_:

This license may not authorize operation throughout the entire geographic area or spectrum identified on th hardcopy version.To view the specific geographic area and spectrum authorized by this license, refer to the Spectrum and Market Area informatioiunder the Market Tab of the license record in the Universal Licensing System (ULS). To view the license record, go to the ULShomepage at http://wireless.fcc.gov/uls/index.htm?job=home and select “License Search”. Follow the instructions on how tosearch for license infonnation.

Page 1 of2

REFERENCE COPYThis is not an official FCC license. It is a record of public information contained in the FCC’s licensing database on the date that this referencecopy was generated. In cases where FCC rules require the presentation, posting, or display of an FCC license, this document may not be usedin place of an official FCC license.

Federal Communications CommissionWireless Telecommunications Bureau

FCC Registration Number (FRN):

Grant Date Effecf . Expiration Date Print Date04-16-2007 11- 04-16-2022

Market Number annel Block Sub-Market DesignatorBEA156 C 0

MarNameAlbuquerque

1st Build-out Date 2nd Build-out Date 3rBuild-out Date 4th Build-out Date‘..

Waivers/Conditions:IjIr

This authorization is conditioned upon the licensee, prior to initiating operations from any base or fixed station, makingreasonable efforts to coordinate frequency usage with known co-channel and adjacent channel incumbent federal usersoperating in the 1710-1755 MHz band whose facilities could be affected by the proposed operations. See, e.g., FCC and NTIACoordination Procedures in the 1710-1755 MHz Band, Public Notice, FCC 06-50, WTB DocketNo. 02-353, rel. April 20,2006.

Conditions:Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h), this license is subject to thefollowing conditions: This license shall not vest in the licensee any right to operate the statioñnor anyright in the use of thefrequencies designated in the license beyond the term thereof nor in any other manner than authoried herein. Neither thelicense nor the right granted thereunder shall be assigned or otherwise transferred in violation ófthç Communications Act of1934 as amended See 47 U S C § 310(d) This license is subject in terms to the nght of use or control conferred by §706 ofthe Communications Act of 1934, as amended. See 47 U.S.C. §606.


LICENSEE: dELICOPARTNERSHIP

Call Sign File NumberATTN: REGULATORY WQGT887CELLCO PARTNERSHIP / Radio Service5055 NORTH POINT PKWY, P2NE NETWORK ENGINEERING AW - AWS (1710-1755 MHz andALPHARETTA,GA30022 2110-2155MHz)

This license may not authorize operation throughout the entire geographic area or spectrum identifiedón th hádrsion.To view the specific geographic area and spectrum authorized by this license, refer to the Spectrum aiid Market Area informatiorunder the Market Tab of the license record in the Universal Licensing System (ULS). To view the license record, go to the ULShomepage at http://wireless.fcc.gov/uls/index.htm?job=home and select “License Search”. Follow the instructions on how tosearch for license information.

FCC 601-MBOctober 2017Page 1 of2

REFERENCE COPYThis is not an official FCC license. It is a record of public information contained in the FCCs licensing database on the date that this referencecopy was generated. In cases where FCC rules require the presentation, posting, or display of an FCC license, this document may not be usedin place of an official FCC license.

I Federal Communications CommissionWireless Telecommunications Bureau


ELLCO PARTNERSHIP

ATTN REGULATORYCELLCO PARTNERSHIP5055 NORTH POINT PKWY, NP2NE NETWORK ENGINEERINGALPHARETTA, GA 30022

FCC Registration Number (FRN): 00O290673-I

Grant Date Effect_____ Expiration Date Print Date11-26-2008 03- 06-13-2019

- -

Market Number Charnel Block Sub-Market Designator

[ REA005 C 0I

Mar1tName

1st Build-out Date 2nd Build-out Date Build-out Date 4th Build-out Date06-13-2013 06-13-2019

Waivers/Conditions:

If the facilities authorized herein are used to provide broadcast operations, whether exclusively or in combination with otherservices, the licensee must seek renewal of the license either within eight yearsfrom the commencement of the broadcastservice or within the term of the license had the broadcast service not been provided, whichever period is shorter in length. See47CFR27.l3(b).

This authorization is conditioned upon compliance with section 27.16 of the Commission’s rules


LICENSEE:

Call Sign File NumberWQJQ693

Radio ServiceWU - 700 MHz Upper Band (Block C)

Conditions:Pursuant to §309(h) of the Cornmumcations Act of 1934 as amended 47 U S C §309(h) this licnje is subject to thefollowing conditions This license shall not vest in the licensee any right to operate the station noriyight in the use of thefrequencies designated in the license beyond the term thereof nor in any other manner than authoriz1iefèin Neither thelicense nor the nght granted thereunder shall be assigned or otherwise transferred in violation of thefommumcations Act of1934 as amended See 47 U S C § 310(d) This license is subject in terms to the nght of use or coiconferred by §706 ofthe Communications Act of 1934, as amended. See 47 U.S.C. §606.

This license may not authorize operation throughout the entire geographic area or spectrum identified dn the hardcdpy version.To view the specific geographic area and spectrum authorized by this license refer to the Spectrum and Market Area informatiotunder the Market Tab of the license record in the Universal Licensing System (ULS). To view the license record, go to the ULShomepage at http://wireless.fcc.gov/uls/index.htm?job=home and select “License Search”. Follow the instructions on how tosearch for license information.

Page 1 of2

Laurie Stout

From:Sent:To:Subject:

Denny Rossbach <[email protected]>Friday, May 14, 2021 12:49 PMLaurie StoutRe: One more question?

Laurie, All the Licenses are either active or Pending Applications as shown in the FCC Universal Licensing System. Theyprobably gave you the newest hardcopy (as FCC no longer provides printed copies of licenses and expects people toverify through the ULS) I am attaching screen shots of the license/maps from ULS. The Licenses all encompass theentirety of the Village. It was nice of them to ssend the info on the specific licenses as Verizon has several hundred ofthem. You are good with theUcens Denny

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Call Sign = KNLH655Exact Matches

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1 KNLH655[

Call Sign/Lease ID

• Name

Celico Partnership

Name

FRN

0003290673

FRN

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Laurie Stout







1

VAR 2 1-03, Variance to Setback, Crown Atlantic Company, proposedrelocated cell tower at Fire Station #1, 4920 Corrales Road, Staff Summary

Applicant Crown Atlantic Company, LLC and Romano and Associates, LLC request a Varianceto the 110% setback requirement of the total height of the proposed tower at 4920 Corrales Road,which would be a 93.5’ setback. On the south property line, the available setback is 60’4”. Includingthe 40-foot width of Sherrod Court right of way, however, the distance to the adjacent property is100’4”.

The applicant has provided a narrative rationale for the Variance to setback they are requesting. It canbe found beginning in Section 3.3 Site Location and Placement, item (e) (bottom third of page 5 of thenarrative), then in item 4 - 4.1 and 4.2. The applicant lists the conditions for Variance found in VillageCode Section 18-48 (h), and their response to each condition. Further considerations of Village Codein Section 18-48 (i) 1-8 are addressed in the general Site Development Plan application itself.

Chief Martinez can confirm that the proposed replacement cell tower is sited on the property at theonly location available. The current cell tower located along Corrales Road frontage will be removedand replaced with this proposed tower located behind the Fire Station building itself.

I observed the yellow “notice” sign properly posted along Corrales Road on Thursday, May 27th

Certified letters were sent timely.

Recommendation: Approve. Reasonably meets the conditions of Village Code Section 18-48.Including the adjacent 40 foot right-of-way, Sherrod Court, allows the required setback to be fullymet.

3/ ILaurie Stout, Planning & Zoning Administrator Date

Village of CorralesPlanning and Zoning Department

4324 CORRALES ROADCORRALES. NEW MEXICO 87048

PHONE (505) 897-0502FAX (505) 897-7217

EMAIL: iufo(corra1es-nrn. orgWEBSITE: www.corrales-nm.org

ZONE MAP AMENDMENT, TEXT AMENDMENT, ORVARIANCE APPLICATION

APPLICANT INFORMATION

Property Owner: Crown Atlantic Company, LLC (Applicant)

Mailing Address: 2000 Corporate Dr., Canonsburg, PA 15317

Representative: Nicholas Romano, Romano & Associates, LLC8100 Wyoming Blvd. NE #M4- 167,

Mailing Address: buguergue, NM 87113Descriptive Infonilation: Portion of Tracts 9A1 & 9A2

Lot Number! Tract Number

______

Zoning: M-lAcreage of Site:__1.7

Telephone:__505-750-0735

Email:

- Email: [email protected]

Telephone: 505-750-0735

18

MRGCD Map Number

Type of Request: C Zone Change C Text Amendment Variance

Reason for Request: Variance from 18-207(e) Wireless Telecommunications Facility setbacks

Siiature of Applicant:

_________________________________

Date: 4/23/2021

Page I lof 5 Revised February 2019

GENERAL INFORMATION

1. Ten (10) sets of required documentation, in 11” by 17” format and an electronic copy (PDFformat) is required with EACH submittal. Two fill size plan set in 24” by 36” fonnat shall besubnutted.

2. Fees are as follows:a. Variance Application - $200.00; cost of legal notice mailing shall be invoiced to the

applicant.b. Zone Change without site development plans - $650.00: cost of legal notice

mailing and cost of advertising ordinance, shall be invoiced to the applicant.c. Zone Change with site development plans - $500.00 plus 1.5% of the valuation of

construction as a condition of approval, or a minimum of $700.00, minimum feepayable at the time of application, and ally additional fees owed payable prior toissuance of a development permit: plus costs of legal notification for the Commissionhearing (certified mail, signature required; plus cost of advertising ordinance innewspaper for Council hearing, and legal notification for Council hearing.

3. The P&Z administrator shall schedule a hearing on the application before the planning andzoning commission no later than sixty (60) days following the submittal of a completeapplication.

4. Legal notice required by posting in the village and also by mailing written notice by certifiedmail, return receipt requested, not less than fifteen (15) days before the date of the hearing, tothe owners of propel-ties within 300 feet of the property boundaries, excluding public righisof-way, of the property for which a hearing has been requested.

5. Public notice sign must be requested by applicant and posted per § 18-79(b) of theCodified Ordinances.

OFFICE USE ONLY

Date Received: —?1 2./ Received By: File No.: VA1 )/-O37) ,% A OCi

Amount Paid: &C”t Cash D Credit D Credit Card Number:_________________________

Check Check #: OO43 Receipt Number:________________*,I1

C’ompleted Application Acceptance Date: !VJ. I Date: LIUlte) O)Applicant Jiivoiced for mailing (certified, return receipt):

____________________

Paid: $_______________

Approved:

__________________

Date:

__________________

Findings of Facts and Cone lusions of Law:

Page I 2 of 5 Revised February 2019

D Approved with Conditions:

D Denied:

Date

Findings of Facts and Conclusions of Law:

Reuuirements for Zone Map Amendment. Text Amendment, or VarianceApplication: Sec. 18-48

Anyone requesting a zone map amendment, text amendment, or variance to this article must submitthe completed application form for a zone map amendment, text amendment, or variance application,accompanied by the appropriate application fee and number of set of required drawings.

1) Meeting with the P&Z Administrator. Review and comments can be obtained at this timeconcerning the relationship of the application to the Village Comprehensive Plan and applicableregulations and submittal requirements.

a) Amendment. The Governing Body may amend any part of this article, including the zonedistrict boundaries, following a review and recommendation made by the Planning andZoning Commission however, the governing Body is not bound by the reconunendation ofthe Commission.

b) Review process for an amendment. The administrator shall schedule a public hearing onany proposed amendment to this article before the Planning and Zoning Commission no laterthan sixty (60) days following the submittal of a request for such public hearing by theGoverning Body. The Commission shall transmit a reconunendation in writing to the


Governing Body within fifteen (15) days after its review of the proposed amendment iscompleted.

c) Applications for zone map amendment or variance. Anyone requesting a zone mapamendment or variance to this article must submit the completed application form for a zonemap amendment or variance request. This form shall be returned to the Administratoraccompanied by the appropriate application fee and number of sets of required drawings.

d) Meeting the administrator. Prior to submitting an application for a zone map amendment orvariance, the applicant shall first schedule a meeting with the Administrator. Review andcomments can be obtained at this time concerning the relationship of the application to theVillage Comprehensive Plan and the applicable zoning ordinances, along with copies of thepertinent provisions of this article, applications and other submittal requirements.

e) Review process for zone map amendment. The Administrator shall schedule a hearing onan application for a zone map amendment before the P&Z Commission no later than sixty(60) days following the submittal of the completed application. The Commission shalltransmit a recommendation on any zone map amendment request in writing to the GoverningBody within fifteen (15) days after its review of the proposed zone map amendment iscompleted. The Governing Body shall schedule a hearing on the application for zone mapamendment as soon as reasonably practicable, but no more than one hundred twenty (120)days after the commission’s recommendation is transmitted to the Governing Body.

f) Conditions for zone map amendment. In considering a request for approval of a zone mapamendment, the Planning and Zoning Commission and Governing Body shall consider thefollowing, and may impose any condition deemed to be in the best interests of the Village:

(1) Village-owned property; request for zone map amendment to “M” Municipal, publicand quasi-public zone. In considering a request by the Village for approval of a zonechange to “M” (Municipal, public and quasi-public) zone, the Commission and theGoverning Body shall consider the overall health, safety and welfare of thecommunity.

(2) Other zone map amendment request. In considering a request for approval of azone map amendment, other than Village-owned property to the “M” zone, theCommission and the Governing Body shall consider the following, and may imposeany condition deemed to be in the best interests of the Village.

a. Accessibility to property and proposed structures thereon, with particularreference to automobile and pedestrian safety, traffic control, adjoiningstreets/roads, and emergency access in case of fire, flood or catastrophe;

b. Off-street parking and loading areas where required, with particular attention torefuse and service areas;

c. Show all locations on-site for water, septic, sewer and liquid waste facilities,with reference to soil limitations, locations, and public health;

d. Noise, glare, or odor effects of the proposed use on adjoining properties;e. On-site drainage and storm water rnnoff


f. Compatibility with the zoning and use of adjacent properties and other propertiesin the vicinity;

g. Overall health and safety of the community; and,h. The goals and objectives of the Comprehensive Plan.

2. Review process for variance. The Administrator shall schedule a hearing on the applicationbefore the Planning and Zoning Commission no later than sixty (60) days following the submittal ofa completed application.

a) Conditions for variance. The Planning and Zoning Commission may deny any request for avariance that is based on conditions which are the result of the action of the applicant. Wherethe Planning and Zoning Commission finds that the strict application of the requirements ofthis article would results in a practical difficulty or unnecessary hardship that would deprivethe owner of the reasonable use of the land or building, a variance may be granted providedthat:

(1) the variation of this article will not be contrary to the public interest;(2) the variation will not adversely affect adjacent property owners or residents;(3) the conditions are unique to the property; and,(4) the variance is authorized only for lot controls and not for use of the premises.

b) In considering a request for approval of a variance, the Planning and Zoning Commissionmay impose any condition deemed to be in the best interests of the Village. The Commissionshall consider the following:

(1) Accessibility to property and proposed structures thereon, with particular reference toautomobile and pedestrian safety, traffic control, all streets/roads, and emergency access incase of fire, flood or catastrophe;(2) Off-street parking and loading areas where required, with particular attention to refuseand service areas;(3) Show all locations on-site for water, septic, sewer, and liquid waste facilities, withreference to soil limitations, locations, and public health;(4) The economic, noise, glare, or odor effects of the proposed use on adjoining properties;(5) On-site drainage and storm water mnoff(6) General compatibility with adjacent properties and other properties in the vicinity;(7) Overall health and safety of the community; and(8) The goals and objectives of the comprehensive plan.

3. Public notification. Requests for zone map amendment and variance require legal notice mailing,as well as public notice (applicant shall request a public notice sign) posted a minimum of 15 daysprior to the scheduled public hearing (Sec. 18-79(b)).


&Mz

a41 cJLq/4/ y,q, j

The proposed structure is 80’ tall to top of steel and 85’ tall to top of highest appurtenance(branches).

(b) Visual appearance . All Wireless Telecommunications Facilities shall be designed to fit in with theirsurroundings, including the buildings, vegetation, and other elements on the property where the WirelessTelecommunications Facility is located and those on adjacent and nearby properties, and to be minimallyobtrusive visually from adjacent properties and from roadways, paths, trails, and other public areas. Towersand other Wireless Telecommunications Facilities shall employ one or more of the following strategies tominimize visual obtrusion:

(3) Stealth Technology wherein the tower or other Wireless Telecommunications Facility is designed toresemble a common landscape element such as a flag pole, a water tank, or a tree of a type or speciesthat naturally occurs or is commonly maintained for fruit production or landscaping in the Corralesarea.

The elm tree design was specifically chosen to blend in with the character of the Corrales Road scenicbyway. Elms are a common, if not traditional, landscaping tree in the North Valley. As demonstratedin the accompanying photo simulations, from a distance the protruding visible portion of the antennastructure will blend into the tree line and not readily stand out as a wireless facility.

(c) Lighting . The Wireless Telecommunications Facility shall not be lighted unless lighting is specificallyrequired by applicable law or regulation of the FAA, the FCC, or other authority having jurisdiction. Lighting ifso required shall be the minimum necessary to meet the regulatory requirements, and shall to the maximumextent possible conform to the lighting standards set forth in Section 18-42.

Lighting of the antenna structure will not be required by the FAA. Technician work lights are includedin the design, but they shall operate on a timer and shall otherwise comply with Section 18-42 ofVillage code.

(d) Natural Resource Protection . The construction method shall not adversely impact natural resourcesincluding but not limited to resources such as the existing water table, water runoff or soil conditions.

No adverse impacts on natural resources are anticipated.

4. REQUEST FOR TELECOMMUNICATIONS FACILITY PERMIT PURSUANT TO §18-48

4.1 Background

As part of this application, Crown seeks a variance to the 110% setback (93.5’) from all property lines for thenew structure since the parent parcel is only 167’ wide at most. As a result, the structure is only 60’-4” fromthe south property line. Public safety will not be endangered by a variance from this standard since thestructure would still meet setbacks from adjacent properties when the public right-of way is factored in.Sherrod Court to the south is a 40’ public right-of-way which would bring the total distance between thestructure to the neighbor’s property to 100’-4”. The granting of this variance will serve the public interest byenhancing wireless coverage and services, improving the Corrales Road scenic byway by relocating theantenna structure deeper into the property, and preventing the proliferation of additional sites throughconstruction of a single multi-user facility.

4.2 Conditions For Variance Pursuant to §18-48(h)

Conditions for variance: The Planning and Zoning Commission may deny any request for a variance that isbased on conditions which are the result of the action of the applicant. Where the Planning and ZoningCommission finds that the strict application of the requirements of this article would result in a practicaldifficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building,a variance may be granted provided that:

(1) The variation of this article will not be contrary to the public interest,

As stated as part of the justification for this relocated facility, there are numerous public benefits tomodernizing and enhancing wireless service within the Village. By permitting a new antennastructure on the property which augments wireless coverage, permits the deployment of the latest inwireless technologies and also allows for shared use by multiple service providers, the Village cansatisfy the present and future needs of residents, business owners, and public safety professionalswho increasingly rely on wireless networks as an essential, if not primary, means of communication.

(2) The variation will not adversely affect adjacent property owners or residents,

Reducing the setback to accommodate the new 85’ antenna structure will not present any danger tothe safety and welfare of adjacent property owners. While the 93.5’ setback to the property line isnot achievable on this property, when one takes into account the adjoining Sherrod Court publicright-of-way, the safety buffer of 100’-4” from the adjacent property is larger than 93.5’ (110% of thestructure height) still exists. As such, the variance would not put any risk on adjacent properties.

(3) The conditions are unique to the property, and

As with many parcels within Village limits, the subject property is deep but narrow. It measuresapproximately 465’ by 167’ at its widest point. The required setback for an 85’ antenna structure is93.5’ from each property line, which is impossible to meet on a narrow 167’ lot.

(4) The variance is authorized only for lot controls and not for use of the premises.

A wireless telecommunications facility up to 85’ in height and otherwise compliant with therequirements of the municipal code is a permitted use on the subject property (zoned M-1) underSection 18-207(a)

5. ANALYSIS OF FEDERAL LAW

In addition to local and state law, this application is governed by the federal Communications Act, 47 U.S.C. §332(c)(7)(B). In the Telecommunications Act of 1996, Pub. L. No 104-104, 110 Stat. 56 (“Telecom Act”)Congress added Section 332(c)(7)(B), which provides rights to wireless service providers and establisheslimitations upon state and local zoning authorities with respect to applications for permits to constructwireless service facilities. The express purpose of the Act is “to promote competition and reduce regulation inorder to secure lower prices and higher quality services for American telecommunications consumers.” Pub.L. No. 104-104, 110 Stat. 56, 56 (1996); see also City of Rancho Palos Verdes v. Abrams, 544 U.S. 113, 115(2005). It also is intended to “encourage the rapid deployment of new telecommunications technologies.”Id.; see also H.R. Conf. Rep. No. 104-458, at 113 (1996) (purpose of the 1996 Act is “to provide for a procompetitive, deregulatory national policy framework designed to accelerate rapidly private sector

deployment of advanced telecommunications and information technologies and services.., by opening alltelecommunications markets to competition”). Recognizing that wireless service can bring enormous benefitsto communities and can boost jobs and economic productivity, this important law and subsequent regulationsapplicable to wireless facilities, were enacted to remove impediments to and promote the rapid deploymentof wireless technology on a national basis.

The applicable limitations and directives include the following:

(a) State and local governments may not unreasonably discriminate among providers offunctionally equivalent services (332(c)(7)(B)(i)(l)).

(b) State and local governments may not regulate the placement, construction or modification ofwireless service facilities in a manner that prohibits, or has the effect of prohibiting, the provision ofpersonal wireless services (better known as the “effective prohibition clause”) (332(c)(7)(B)(i)(ll)).

(c) State and local governments must act on requests for authorization to construct or modifywireless service facilities within a reasonable period of time (332(c)(7)(B)(ii)).

(d) Any decision by a state or local government to deny a request for construction ormodification of personal wireless service facilities must be in writing and supported by substantialevidence contained in a written record (332(c)(7)(B)(iii)).

(e) Finally, no state or local government or instrumentality thereof may regulate the placement,construction or modification of personal wireless service facilities on the basis of the perceivedenvironmental effects of radio frequency emissions to the extent that such facilities comply withfederal communications commission’s regulations concerning such emissions (332(c)(7)(B)(iv)). Seeproof of FCC Compliance enclosed as Attachment 6.

Rapid deployment of wireless facilities is an important national issue, especially given the trend of Americanseliminating traditional landline service in favor of wireless communications. The Center for Disease Controland Prevention (“CDC”) tracks “wireless substitution” rates as part of its National Health Interview Survey andpublishes the findings every six months in its Wireless Substitution reports. The most recent report, issued inDecember of 2017, estimates that more than one-half (52.5%) of American homes have only wireless phones.

Reliable and robust wireless communication is essential, especially considering over half of Americans andColoradans do not have a landline and rely on wireless service to conduct personal and businesscommunications, to access the internet or to reach emergency responders. Ensuring access in the event of anemergency is critical be it communications between emergency service personnel or for people calling forhelp.

6. CONCLUSION

Crown Castle is seeking approval of a Telecommunications Facility Permit with Variance for Setbacks withinthe M-1 zone in order to construct a wireless facility that can accommodate the latest in wireless networktechnology and serve as a shared facility for future providers. By replacing the existing 70’ flagpole facilitywith an 85’ elm tree structure, existing and future providers will be able to deploy all of the advanced wirelesstechnologies to serve the residents of Corrales and avoid the proliferation of additional towers byconsolidating up to four carriers onto one facility. Crown has designed the facility to appear as tree speciesnative to the area and set it back into the property in order to mitigate to the fullest degree possible the

VAR 21-04, Variance to Height, Corrales Fire Department,

4920 Corrales Road, Staff SummaryApplicant Chief Anthony Martinez of the Corrales Fire Department is requesting a Variance to heightfor a fire department radio communications antenna. This Variance will assume approval of therelocated Crown Castle cell tower. If the 85’ tower replacing the current cell tower is approved, the 60”(five foot) department antenna will be placed on top, for a variance of 5’ over the 85’ allowed in amunicipal zone. (The property is the site of Fire Station #1, owned by the Village of Corrales, and zonedM — Municipal.)

Chief Martinez has provided a short narrative explaining that the current department radio antenna ison the cell tower that will be removed. The antenna must be placed above the new cellularinfrastructure for maximum coverage and functionality. Chief will be present to testify before thePlanning and Zoning Commission.

Variances are governed by Village Code Section 18-48 (f) Conditions for Variance:

(1) The Variation will not be contrary to the public interest.(2) The Variation will not adversely affect adjacent property owners or residents.(3) The conditions are unique to the property, and(4) The variance is authorized only for lot controls and not for use of the premises.(i) In considering a request for approval of a variance, the Planning and Zoning Commission

may impose any condition deemed to be in the best interests of the Village. TheCommission shall consider the following:

(1) Accessibility to property and proposed structures thereon, with particular reference to auto andpedestrian safety, traffic control, all streets/roads, and emergency access.

(2) Off-street parking and loading areas where required, with particular attention to refuse andservice areas.

(3) All locations for water, septic, etc.(4) The economic, noise, glare, or odor effects of the proposed use on adjoining properties;(5) On-site drainage and storm water runoff;(6) General compatibility with adjacent properties and other properties in the vicinity;(7) The overall health and safety of the community, and(8) The goals and objectives of the comprehensive plan.

(Most of the above 1-8 are either irrelevant to this particular variance, such as “well” or “refuse” forinstance, others are dealt with in the general Site Plan for the cell tower itself.

Certified letters were sent timely. I observed the yellow “notice” sign properly displayed along CorralesRoad on Thursday, May 27th•

Recommendation: Approve. Even with the additional 5’ in height, the setback, if the 40-foot SherrodCourt right-of-way is included, is still sufficient as well.

5-31-? 1Laurie Stout, Planning & Zoning Administrator Date

FVk 1


4324 CORRALES ROADCORRALES, NEW MEXICO 87048

PHONE (505) 897-0502FAX (505) 897-7217

EMAIL: infocorra1es-nm.orgWEBSITE: www.corrales-nm.org

ZONE MAP AMENDMENT, TEXT AMENDMENT, ORVARIANCE APPLICATION

APPLICANT INFORMATION

Property Owner: V - c) ( iv-cvt-e JMailing Address: C3 L1 ( u

Representative: Ate cv’u..

Mailing Address: -‘If 2o (‘ r,eJ i?o\Descriptive Information: g44) 74 2

Lot Number/ Tract Number

Acreage of Site: Zoning:

Telephone: 5°Y&9 9 OSO

Email:

Email: tet)(oirdej-A1” ‘°‘

Telephone: SO5 -f11s--9-5V

MRGCD Map Number

Type of Request: LI Zone Change LI Text Amendment Variance

Reason for Request: fQ 7%C4/ Mr- &y’ ->71-ti

Signature of Applicant: Date: / /o 22,2 /


GENERAL INFORMATION

1. Ten (10) sets of required documentation, in 11” by 17” format and an electronic copy (PDFformat) is required with EACH submittal. Two full size plan set in 24” by 36” format shall besubmitted.

2. Fees are as follows:a. Variance Application - $200.00; cost of legal notice mailing shall be invoiced to the

applicant.b. Zone Change without site development plans - $650.00; cost of legal notice

mailing and cost of advertising ordinance, shall be invoiced to the applicant.c. Zone Change with site development plans - $500.00 pIus 1.5% of the valuation of

construction as a condition of approval, or a minimum of $700.00, minimum fee

payable at the time of application, and any additional fees owed payable prior toissuance of a development permit; plus costs of legal notification for the Commissionhearing (certified mail, signature required; plus cost of advertising ordinance innewspaper for Council hearing, and legal notification for Council hearing.

3. The P&Z administrator shall schedule a hearing on the application before the planning andzoning commission no later than sixty (60) days following the submittal of a completeapplication.

4. Legal notice required by posting in the village and also by mailing written notice by certifiedmail, return receipt requested, not less than fifteen (15) days before the date of the hearing, tothe owners of properties within 300 feet of the property boundaries, excluding public rights-of-way, of the property for which a hearing has been requested.

5. Public notice sign must be requested by applicant and posted per § 18-79(b) of theCodified Ordinances.

OFFICE USE ONLY

Date Received: 4 —) O — I Received By: . File No.: ‘VA 2 / - O 4Amount Paid:

/

Cash El Credit El Credit Card Number:____________________

Check LI Check #:

_______________

Receipt Number:___________________

Completed Application Acceptance Date: 4 — / ? / Dat O/Applicant Invoiced for mailing (certified,re4 Paid: $____________

El Approved:

_________________

Date:

_________________



D Approved with Conditions:

Denied:

Date


Requirements for Zone Map Amendment, Text Amendment, or VarianceApplication: Sec. 18-48

Anyone requesting a zone map amendment, text amendment, or variance to this article must submitthe completed application form for a zone map amendment, text amendment, or variance application,accompanied by the appropriate application fee and number of set of required drawings.

1) Meeting with the P&Z Administrator. Review and comments can be obtained at this timeconcerning the relationship of the application to the Village Comprehensive Plan and applicableregulations and submittal requirements.

a) Amendment. The Governing Body may amend any part of this article, including the zonedistrict boundaries, following a review and recommendation made by the Planning andZoning Commission; however, the governing Body is not bound by the recommendation ofthe Commission.

b) Review process for an amendment. The administrator shall schedule a public hearing onany proposed amendment to this article before the Planning and Zoning Commission no laterthan sixty (60) days following the submittal of a request for such public hearing by theGoverning Body. The Commission shall transmit a recommendation in writing to the


Governing Body within fifteen (15) days after its review of the proposed amendment iscompleted.

c) Applications for zone map amendment or variance. Anyone requesting a zone mapamendment or variance to this article must submit the completed application form for a zonemap amendment or variance request. This form shall be returned to the Administratoraccompanied by the appropriate application fee and number of sets of required drawings.

d) Meeting the administrator. Prior to submitting an application for a zone map amendment orvariance, the applicant shall first schedule a meeting with the Administrator. Review andcomments can be obtained at this time concerning the relationship of the application to theVillage Comprehensive Plan and the applicable zoning ordinances, along with copies of thepertinent provisions of this article, applications and other submittal requirements.

e) Review process for zone map amendment. The Administrator shall schedule a hearing onan application for a zone map amendment before the P&Z Commission no later than sixty(60) days following the submittal of the completed application. The Commission shalltransmit a recommendation on any zone map amendment request in writing to the GoverningBody within fifteen (15) days after its review of the proposed zone map amendment iscompleted. The Governing Body shall schedule a hearing on the application for zone mapamendment as soon as reasonably practicable, but no more than one hundred twenty (120)days after the commission’s recommendation is transmitted to the Governing Body.

f) Conditions for zone map amendment. In considering a request for approval of a zone mapamendment, the Planning and Zoning Commission and Governing Body shall consider thefollowing, and may impose any condition deemed to be in the best interests of the Village:

(1) Village-owned property; request for zone map amendment to “M” Municipal, publicand quasi-public zone. In considering a request by the Village for approval of a zonechange to “M” (Municipal, public and quasi-public) zone, the Commission and theGoverning Body shall consider the overall health, safety and welfare of thecommunity.

(2) Other zone map amendment request. In considering a request for approval of azone map amendment, other than Village-owned property to the “M” zone, theCommission and the Governing Body shall consider the following, and may imposeany condition deemed to be in the best interests of the Village.

a. Accessibility to property and proposed structures thereon, with particularreference to automobile and pedestrian safety, traffic control, adjoiningstreets/roads, and emergency access in case of fire, flood or catastrophe;

b. Off-street parking and loading areas where required, with particular attention torefuse and service areas;

c. Show all locations on-site for water, septic, sewer and liquid waste facilities,with reference to soil limitations, locations, and public health;

d. Noise, glare, or odor effects of the proposed use on adjoining properties;e. On-site drainage and storm water runoff


f. Compatibility with the zoning and use of adjacent properties and other propertiesin the vicinity;

g. Overall health and safety of the community; and,h. The goals and objectives of the Comprehensive Plan.

2. Review process for variance. The Administrator shall schedule a hearing on the applicationbefore the Planning and Zoning Commission no later than sixty (60) days following the submittal ofa completed application.

a) Conditions for variance. The Planning and Zoning Commission may deny any request for avariance that is based on conditions which are the result of the action of the applicant. Wherethe Planning and Zoning Commission finds that the strict application of the requirements ofthis article would results in a practical difficulty or unnecessary hardship that would deprivethe owner of the reasonable use of the land or building, a variance may be granted providedthat:

(1) the variation of this article will not be contrary to the public interest;(2) the variation will not adversely affect adjacent property owners or residents;(3) the conditions are unique to the property; and,(4) the variance is authorized only for lot controls and not for use of the premises.

b) In considering a request for approval of a variance, the Planning and Zoning Commissionmay impose any condition deemed to be in the best interests of the Village. The Commissionshall consider the following:

(1) Accessibility to property and proposed structures thereon, with particular reference toautomobile and pedestrian safety, traffic control, all streets/roads, and emergency access incase of fire, flood or catastrophe;(2) Off-street parking and loading areas where required, with particular attention to refuseand service areas;(3) Show all locations on-site for water, septic, sewer, and liquid waste facilities, withreference to soil limitations, locations, and public health;(4) The economic, noise, glare, or odor effects of the proposed use on adjoining properties;(5) On-site drainage and storm water runoff(6) General compatibility with adjacent properties and other properties in the vicinity;(7) Overall health and safety of the community; and(8) The goals and objectives of the comprehensive plan.

3. Public notification. Requests for zone map amendment and variance require legal notice mailing,as well as public notice (applicant shall request a public notice sign) posted a minimum of 15 daysprior to the scheduled public hearing (Sec. 18-79(b)).


Village of CorratesFire Department

The Village of Corrales and the CorraLes Fire Department are requesting a height variance toalLow for the Fire Department’s antenna for radio communications. The antenna is currentLyon the top of the cell tower located on the north west side of the CorraLes Fire Station’sproperty Located at 4920 Corrales Road. When the cell tower is moved to the rear of the firestation the Fire departments communications antenna wILL aLso need to be moved. Theantenna also needs to be above all of the other infrastructure on the cell tower in order toprovide the best communication coverage to the department.

4920 Corrales Road, Corrates, NM 87048(505) 898-7501

Anthony Martinez

SDP 21-04, Site Development Plan Phases II and Ill,

5065 Corrales Road, Staff Summary

Applicant Joan Lewis is requesting Site Development Plan approval to operate four short-term rentals,and renovate the existing structures to add a laundry area, interview/conference room and twoadditional office suites or a residential area at 5065 Corrales Road. This property is zoned C—Neighborhood Commercial to a depth of 350 feet west of Corrales Road, and A-i Agricultural and RuralResidential thereafter to the west.

Site Development Plans are governed by Village Code Section 18-45 (b).

On the left side of Sheet Cl is an overall view of the property. “Phase I Commercial, 1,047 square feet”was previously approved by the Commission for four medical offices. During that phase, the parking infront, including one ADA space, and four additional spaces in the back were designated. A deck was lateradded that did not show up on the Site Plan Phase I, shown on Sheet Cl and the elevation sheet A3.

For these proposed phases II and III, the area of the existing structure immediately west of the medicaloffices (second floor) is designated “Phase II, Short-term rental”, 967 square feet. These are existing fourbedrooms with baths that the applicant would like to use as four commercial short-term rentals, whichis a permissive use in the C zone as per 18-37 (3) (aa) Short-term rental lodging establishments with nomore than six guest rooms.

The downstairs west of the medical offices is designated “Phase III, Residential”, 967 square feet. PerMs. Lewis’ narrative, she would like to live in this space for now, then turn it into two additional offices.Each use is permissive in the C zone, but would be treated differently at building permit stage as thereare differing construction requirements for commercial uses and residential ones.

There is a small area designated “laundry” that the applicant would like to add to the uses on thisproperty, presumably for the short-term rentals and her personal residence.

Finally, a small (408 square foot) structure on the west side of the property designated “Phase III, 1st

Floor Commercial business area” is to be utilized for small meetings/”interview room” as per narrative.

Requirements per 18-45 (b) Site Development Plans:

a. Show proposed new structure(s) and any existing buildings or structures, total lot coverage, allproperty lines with dimensions, all roads/streets, easements and setbacks.

All structures are existing; it is new uses that are being proposed, with subsequent renovations goingthrough the Building Official if approval is given. The overall site is shown on the left side of the large“Cl” drawing, showing the existing buildings. Lot coverage is 13% (General Notes, l9). Property frontsCorrales Road and the entrance has been and will remain Corrales Road. All setbacks are shown.

b. Show al/locations on-site for water, septic, sewer, refuse, electrical points of connections,proposed service routes and existing utilities on the site.

This property is hooked up to the Village wastewater system. Left side of “Cl” sheet shows septic solids-only tank, electrical point of connection with an existing overhead power pole, and the well in front ofthe building on the east side. There is no gas service.

c. Show all required parking, drainage and grading information.Architect Robert Rayner has determined a total of 21 total (including three ADA) spaces are required forall proposed uses. (See Project Data occupant load/parking required). A total of 22 spaces plus the 3ADA spaces are provided. The ponding shown on the previously approved site plan for this applicantremains, and is in the southeast corner. A swale does run along the south side of the structures and runstoward that ponding area.

d. Show required landscaping information.Architect has shown a number of trees on the property, and in General Notes #3 states that the existingnumber of mature and newer trees meets Village landscape ordinance (Section 18-40).

e. Indicated drainage inflow and outflow locations and specify areas required to be maintained fordrainage purposes.

Property is nearly flat; existing buildings do not drain onto adjoining properties. There is a easterndraining swale that leads east to the ponding shown. The pond will need to be dug out as depicted (atthe building permit stage) if site plan is approved as some recent excavation has filled in a portion of it.

f. Include a topographic survey if requested by theAdministrator. (not required)

g. Show all structures on adjacent properties located within 25 feet of the site. (Architect GeneralNotes #2, none found.)

h. Identify the zone designations of adjacent properties.A-i Residential on both the north and south sides of the Commercially zoned portion of the property.(Commercial zoning extends to the 350-foot mark west of Corrales Road, the applicant’s property is thenA-i zone further west to the Corrales Acequia.)

i. Additional information necessary to demonstrate compliance with the requirements for thearticle as determined by the Administrator.

I observed a wall (south side) and fence (north side) that both extend westward well beyond thewesternmost building on the property, meeting most if not all of the buffering requirement.

j. Show north arrow and scale on drawing(s). Done.

Other items for the Commission to consider when looking at a Site Development Plan are the “noise,glare or odor effects of the proposed use on adjacent properties” and “general compatibility withadjacent properties”.

Certified letters were sent timely. I observed the “legal notice” sign properly posted on site on June 1,2021.

Recommendation: Application is compliant with Village Code Section 18-45 (b). Approve withapplicant’s stated uses very clearly outlined by her during the meeting. Up to four short-term rental

units upstairs, with a total occupancy not to exceed eight persons. Laundry room. Meeting/interviewroom in the far western structure.

Personal residence OR two offices, with any change from one use to the other to happen within 24months of Site Development Plan approval, if both options are approved. The Commission may chooseto,hav Ms. Lewis pick one or the other option, but each is a permissive use in this zone.

-.2/Laurie Stout, Planning & Zoning Administrator Date

slip21-0+

4324 CORRALES ROADCORRALES, NEW 1EX{CO $7048

PHONE (505) 897-0502FAX (505) 897-7217

EMAIL: [email protected]: www.corrIes-nm.org


SiTE DEVELOPMENT PLAN PERMIT APPLICATION

APPLICANT IiNFORMATION

Applicant Name: iM3 c.&) Telephone: q (Mailing Address:

.Q. 6 - CbWQimaii:

Property Owner:(if different from applicant)

C-crnifl

MRGCD Map Number Flood Map Designation Acreage

AddressforSite: 6O15 (-O’-(ZA-L..E.

Additional Comments:

______________ ______

Will there be any undue negative impact on the community? if yes please explain:

Is Buffering Required? Yes [1 No If yes:

Linear Feet of Fence Number of Parking Spaces

Mailing Address:(if different from applicant)

Descriptive Information: ALL*

—

Lot Number/ Tract Number

Name of Subdivision

Block

Zone Designation

Page I lof 5 Revised February 2019

Name and Address of ArchitectlEngineer; o B ‘ yoEe.

Amount Paid: Cash LI Credit LI Credit Card Number:

Receipt Number:

Completed Application Acceptance Date: — / 7 /Developer Invoiced for Legal Notice: V

Signature of Applicant: Date:

GENERAL INFORMATION

1. Corrales Codified Ordinances Chapter 18 Section 18-45(b)2. The Administrator shall determine if the proposed site development plan satisfies the

requirements of Section 18-45(b) before submitting to the P&Z Commission for a publichearing. The Admiuistrator shall schedule a hearing before the Commission no later thansixty (60) calendar days following the submittal of a completed application as determined bythe Administrator.

3. Any change in use which would require additional parking and/or any alteration or additionto the site of any structure upon the site shall require a resubmitted application and approval.

4. Fees: 1.5% of the valuation of construction up to $5 million plus 0.1% of the valuation ofconstruction in excess of $5 million, as a condition of approval or a minimum fee payable atthe time of application, and any additional fees owed payable prior to issuance of adevelopment permit; plus costs of legal notification for commission hearing (certified mail,signature required). Sec Resolution 16-06.

5. Requirements: Four (4) c.opies shall be 24” by 36”; upon statement from the Administratorthat application is complete, ten (10) copies shall be 1 1” by 17” format and an electronicc.py (PDE) ‘will be rcquired with EACH submittal

OFFICE USE ONLY

Date Received: S 7 2OZ I Received By;

Check LI Check #:

File No.; SDP_2J-

Date of Hearing: J%1I 1€1Paid; s /,92 62’? 5 á

Page 2 of S Revised February 2019

EJ Approved:

________________

Date:

0 Approved with Conditions:

________

El Denied:

Date


El Amended Drawings Required:

Date

Findings of Facts and Conclusions of Law;

Amended Drawings Submitted:

Date

Page j 3 of 5 Revised February 2019

SITE DEVELOPMENT PLAN PERMIT APPLICATION

Section 18-45. Permits, certificates and plan approval.(b). Site development plan approval.

1. Approval required. No building, structure, or land in any zone may be occupied by a usedesignated as requiring site development plan approval without the approval of a sitedevelopment plan by the planning and zoning commission.

2. Applications. Anyone requesting a use of a building, structure or land requiring sitedevelopment plan approval must obtain and submit a completed application for a sitedevelopment plan review. The application shall be returned to the Administratoraccompanied by the appropriate application fee and fourteen (14) sets of rediuired drawings.All site plans or site development plans must satisfy at least the following minimumrequirements.

a. Show proposed new structure(s) and any existing buildings or structures, total lotcoverage, all property lines with dimensions, all roads/streets, easements andsetbacks.

b. Show all locations on-site for water. septic, sewer, refuse. electrical points ofconnections, proposed service routes and existing utilities on the site.

c. Show all required parking, drainage and grading information (see section 18-39).cl. Show required landscaping information (see section 18-40).e. Indicated drainage inflow and outflow locations and specify areas required to be

maintained for drainage purposes.f. Include a topographic survey if requested by the Administrator.g. Show all structures on adjacent properties located within 25 feet of the site.h. Identify the zone designations of adjacent properties.i. Additional information necessary to demonstrate compliance with the requirements

for the article as determined by the Administrator.j. Show north arrow and scale on all drawings, unless clearly unnecessary for the

specific drawing in question.3. Review process. The administrator shall schedule a hearing before the Commission no later

than 60 days fo1Ioviig the submittal of a completed application as determined by theadministrator.

4. Meeting with P&Z Administrator. Prior to submitting an application, the applicant shallfirst schedule a meeting with the administrator. Review and comments shall be given to theapplicant at this time, concerning the relationship of the proposed development to theComprehensive Plan, applicable zoning ordinances, along with copies of the pertinentsections of this article, applications, and other submittal requirements.

5. Guidelines. The P&Z Commission shall not approve any site development plan unless all therequirements are met. The Commission may, in its discretion, grant conditional approval of aproposed site development plan subject to satis[actory completion of certain specifiedrequirements prior to a date certain, and may delegate to the Administrator, the chairman ofthe Commission, or other specifically designated indivi dual the authority to determinewhether such requirements have been satisfactorily completed. In addition, no sitedevelopment plan shall be approved unless satisthetory provisions have beemi madeconcerning the following, where applicable:

a. Accessibility to property and proposed structures thereon, with reference toautomobile and pedestrian safety, traffic control, streets/roads. and emergency accessin case of fire. flood or catastrophe.

Page I 4 of S Revised February 2019

b. Off-street parking and loading areas where required, with particular attention to therefuse and services areas (Sec. 18-37(10)).

c. Show all on-site locations for water, septic, sewer and liquid waste facilities, withreference to soil limitations, locations, and public health.

d. On-site drainage and storm water runoff.e. The noise, glare, or odor effects of the proposed use on adjoining properties.f. General compatibility with existing adjacent properties.g. The overall health and safety of the community.h. The goals and objectives of the Village of Corrales Comprehensive Plan.

6. Additional requirements. Any change in use which would require additional parking and/orany alteration or addition to the site of any structure upon the site shall require the resubmittalof an application and approval as required by this section.

7. Completeness of Plan. No site development l)lafl shall be approved unless the submittedplan as presented is complete, or any deficiencies have been fully corrected to the satisfactionof the commission, or other appropriate authority specifically designated by the commission.

8. Expiration. Any site development plan approval will automatically expire on the date that is24 months after the date of commission approval or conditional approval if development isnot complete. The commission. in its discretion, may extend this time in cases in which theproject is in litigation or for any other reason that excuses the failure to completedevelopment, provided the extension is not contrary to the public interest. Any decision bythe Commission to extend, or not extend, construction time for a site development plan maybe appealed to the Governing Body.


Attachment to SITE DEVELOPMENT PLAN APPLICATION

SUBMITTED 5/2021

Address: 5065 Corrales Rd.

Business name: The Village In A City

The intended use of the property at the above address is to establish a comfortable community-orientedWellness Retreat that takes advantage of the ambience of the village of Corrales and provide

educational and/or participating programs for clients interested in a combination of medical, behavioral,

emotional and therapeutic - practical applications and didactic events for accessing weliness.

The owner currently plans to reside in the western portion of the 1st floor. At some point, the

residential space may be utilized for commercial use for two (2) additional office spaces with private

baths that share kitchen and living room spaces, which would be brought to the Commission’s attention.Commercial use is projected for the 2” floor for a short-term rental of four (4) rooms with private baths

that share a kitchen and living space. The separate (‘400 sq’) building adjacent to the residential

western portion of the first floor is commercial for small meetings commensurate with the intent of the

property use as noted above.

To this end, we are offering:

PROPOSED USE:

1. Short term rental —4 bedrooms, each with a private bath, on the upper level of the back of the

existing structure (labeled as Phase 2 on the accompanying site drawing), 2 office suites below (labeled

as Phase 3 on the same drawing).

2. Laundry room, enclosed and separate from structure, between Phase 3 and Interview room, to handle

linens.

3. Front and back decks for small seminars, breakouts, or relaxation.

4. Parking lot designed to accommodate 20 spaces.

5. A gazebo, small tables and chairs are planned for comfort and shade for clients.

Respectfully submitted, 5/5/21

Joan Lewis, MD

505-404-8154

Laurie Stout







1

VILLAGE OF CORRALESPLANNING AND ZONING COMMISSION

RESOLUTION NO. 21-01

ESTABLISHING REGULAR MEETINGS OF THE PLANNING AND ZONINGCOMMISSION AND DETERMINING REASONABLE NOTICE

WHEREAS, Section 10-15-1 NMSA 1978, the Open Meetings Act requires that all meetings of a quorum ofmembers of a public body held for the purpose of formulating public policy or the purpose of taking any actionwithin its authority, are declared to be public meetings open to the public at all times, unless excepted from the OpenMeetings Act; and

WHEREAS, Section 10-l5-lD of the Open Meetings Act requires that the Village of Conales Planning and ZoningCommission, a public body (Commission) of the Village of Corrales (the “Village”), determine annually what noticeof meetings is reasonable when applied to the Commission.

THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE VILLAGEOF CORRALES:

Section 1. Regular Meetings

A. The Commission will meet on the third Wednesday of the month for regular Commission meetings at 6:30pm and work study sessions will be held as needed. All Commission meetings will be held at the Village ofCorrales Council and Municipal Court Chambers, or as indicated in the meeting notice.

B. Notice of regular meetings will be given at least 10 days in advance of the meeting date and shall indicatehow a copy of the agenda may be obtained.

C. The agenda shall be available to the public in the Village Municipal Offices and shall be posted on theVillage’s website at least seventy-two (72) hours in advance of the meeting.

Section 2. Special Meetin2s

A. Special Meetings may be called by the Chair or a majority of the members of the Commission.B. Notice of Special Meetings will be given at least 3 days in advance of the meeting.C. Notice of Special Meetings shall include a list of specific items of business to be discussed or transacted at

the meeting, or information on how a copy of the agenda may be obtained.D. The agenda shall be available at least 24 hours in advance of the meeting in the Village Municipal Offices,

4324 Corrales Road.

Section 3. Emergency Meetings

A. Emergency Meetings will be called only under unforeseen circumstances which are such that the matter tobe considered, if not addressed immediately by the Commission, will likely result in injury or damage topersons or property or substantial financial loss to the Village.

B. Emergency Meetings may be called by the Chair or a majority of the Commission upon 24-hour notice.C. The notice of all Emergency Meetings shall include an agenda for the meeting.

1

D. Within ten (10) days after the Commission takes any action on an emergency matter, the Village shallreport to the office of the New Mexico Attorney General the action taken and the circumstances creatingthe emergency.

Section 4. Closed Meetings

A. If any open meeting is closed subsequently pursuant to the exclusions contained in Subsection H of theOpen Meeting Act, the closure shall:1. Be approved by a majority vote of a quorum of the Commission.2. The authority for the closure and the subject to be discussed shall be stated with reasonable specificity

in the motion calling for the vote on a closed meeting.B. If any closed meeting is called when the Commission is not in an open meeting, the meeting shall not be

held until public notice, appropriate under the circumstances, is given to the general public. The notice shallinclude:1. The subject to be discussed with reasonable specificity and2. The specific provision of the law authorizing the closed meeting.

C. Following completion of any closed meeting, the minutes of the next open meeting, reconvened meeting,shall state the matters discussed in the closed meeting were limited only to those specified in the motion ornotice for closure. The Commission shall approve the statement as part of the minutes.

Section 5. Virtual Meetin2s

A. Virtual meetings by videoconference or teleconference may be called by the Chair, or a majority ofmembers, in the event that a state of emergency is called by a Federal, State, County or Villagegovernment. All process that is due applicants and parties to land use hearings shall continue to beprovided for.1. The videoconference or teleconference meeting may be used for Regular, Special, Emergency or

Closed Meetings, as defined in this document.2. Notification requirements shall follow those noted above for each type of meeting, except that

agendas for all types of meetings will be posted on the Village website. Such notifications shallinclude instructions on how to attend the meeting.

3. All virtual meetings shall be recorded.4. The Chair may suspend any meeting if technical difficulties arise.5. Upon notice to the individual, the Chair may mute the comments of a participant in the event of

unruly/inappropriate comments or behavior.6. During a virtual meeting, the Chairperson shall recognize each speaker by name each time that

person speaks.7. Community participants are encouraged to join the meeting no earlier than 15 minutes before and

no later than the first five minutes, after the Call to Order.8. All votes of the Commissioners will be counted by Roll Call vote.

Section 6. Notice

A. For the purpose of meetings described in Sections 1, 2, 3 and 4 of this resolution, notice requirements aremet if notice of the date, time and place is posted in the following locations:1. Lobby of Municipal Administrative Offices2. Bulletin board in front of the Village Administrative Offices3. Corrales Fire Station (Corrales Road)

B. In addition to the information specified above, all notices shall include the following language: If you arean individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, orany form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact theVillage Clerk at the Village Offices located at 4324 Corrales Road, at least five (5) days prior to themeeting or as soon as possible. Public documents, including the agenda and minutes, can be provided in

2

various accessible formats. Please contact the Village Clerk at 897-0502, or by email at:[email protected] ifa summary or other type accessible fornmt is needed.

APPROVED this 16th day of June, 2020.

APPROVED:

John McCandless, ChairCorrales Planning and Zoning Commission

ATTEST:

Laurie StoutPlanning and Zoning Administrator

3


4324 Corrales Road, Corrales, New Mexico 87048Phone: (505) 897-0502 I Fax: (505) 897-7217

Resolution 2 1-03Rules for the Transaction of Business

Whereas, Section 3-19-3 of the NM Statutes provides, in part, that “A planning commissionshall.. .D. Adopt rules for the transaction of business”, and;

Whereas, the Planning and Zoning Commission of the Village of Corrales desires that itsBusiness be conducted in a fair, impartial and orderly manner for the public good;

Now therefore, be it resolved that the following rules are established this 16th day of June, 2021 for the transactionof business before the Planning and Zoning Commission of the Village of Corrales.

1) Members and Officers:a) By Village Ordinance lawfully adopted, the Commission consists of seven members, appointed by the

Mayor, with the advice and consent of the Governing Body. Commissioners serve two-year terms, on astaggered basis, or until a successor is named. New terms commence in the month of June.

b) The Commission at its first regularly scheduled meeting each June elects as Officers its Chairperson, Vice-Chairperson and Secretary, to serve one-year terms.i) Chairperson. The duties of the Chairperson include the following: presiding at all meetings of the

Commission; calling special meetings as necessary, reviewing and approving the agenda for allmeetings in consultation with Planning and Zoning staff, signing Commission documents including butnot limited to approved copies of meeting minutes and subdivision plats; assuring that all actions of theCommission are taken in accordance with Village Ordinances and other relevant laws and regulations;representing the Commission and speaking on its behalf; where so prescribed in the Land Useregulations and ordinances of the Village of Corrales, transmitting recommendations of theCommission to the Governing Body through Planning and Zoning staff; and all of the duties that maybe established by law.

ii) Vice-Chairperson. The duties of the Vice-Chairperson include the following: presiding or performingall the duties of the Chairperson during the absence, disability or disqualification of the Chairperson.

iii) Secretary. The duties of the Secretary include the following: keeping copies of the minutes of allmeetings; preparing or informing the Commission of correspondence relating to the business of theCommission; signing approved plats.

c) In the event of a vacancy in the Vice-Chairperson or Secretary positions, the Chairperson shall appoint aCommissioner to the vacant position for the balance of the term of office.

2) Meetings.a) Notice of Meetings. Notice of all meetings of the Commission shall be provided in accordance with

applicable statutes, ordinances and rules, as set forth in the Commission’s most recently adopted OpenMeetings Resolution. All meeting notices and required notices of specific agenda items shall be posted asrequired, including posting on the Village’s web site, and shall be emailed on the date of posting to allmembers of the Commission who have provided an email address for that purpose.

Planning and Zoning Commission, Rules of Transaction of Business, June 16, 2021.

b) Agenda. The Planning and Zoning staff shall prepare a draft agenda for each meeting and forward it to theChairperson no less than 48 hours before the agenda is required to be posted. The Chairperson shallpromptly review the agenda and either approve it as presented or make such changes or amendments as theChairperson deems appropriate, in consultation with the Planning and Zoning staff. The Planning andZoning staff shall thereupon prepare a final agenda as directed by the Chairperson, and shall publish andpost it in accordance with the Commission’s most recently adopted Open Meetings Resolution, includingposting on the Village’s web site. The final agenda shall be emailed on the date of posting to all membersof the Commission.

c) Sequence of Agenda Items. The Commission’s agenda for regular meetings will normally proceed in thefollowing sequence, unless otherwise agreed upon by vote of a majority of the Commissioners present: callto order, roll call, approval of the agenda, approval of minutes of prior meetings, Public Comment on itemsnot on the agenda: business items, to include applications for home occupation permits, variance fromzoning ordinances, subdivision plat approval requests, site development plans, and any other applicationswithin the jurisdiction of the Commission; Commissioners Forum, Planning and Zoning Administrator’sReport, other business; and adjournment.

d) Quorum. A simple majority of the members of the Commission shall constitute a quorum for thetransaction of business.

e) Duration of Meetings. Regular and special meetings shall not extend beyond the hour of 9:00 PM unlessagreed upon by a majority of Commission members in attendance at an open meeting. If the Commission isunable to complete all agenda items by such hour, a Motion to reconvene at a date certain is in order.Notice of the time and place of the reconvened meeting will be posted within 24 hours of the approvedmotion to reconvene and such reconvened meeting will comply in all aspects with the New Mexico OpenMeetings Act and applicable ordinances of the Village of Corrales. Reconvened meetings will be held onlyon an exceptional basis when required by the volume or complexity of the matters presented forconsideration by the Commission.

f) Minutes. Draft minutes shall be prepared by the Planning and Zoning staff using notes, tape recordings, orother media recordings taken at the meetings. The minutes shall include, at a minimum, the followinginformation: the date, time and place of the meeting; the names and members in attendance and thoseabsent; the agenda items; the substance of the proposals considered; names of persons who address theCommission; a record of any decisions and votes taken which show how each member voted. The draftminutes shall become final upon their adoption by the Commission.

g) Extraordinary Circumstances. In the event of a state of emergency called by a Federal, State or LocalGovernment, where in-person meetings are not possible, a Virtual meeting viateleconference/videoconference may be conducted.

3) Completeness of Materials.a) It is the responsibility of applicants to submit all relevant written material in a timely manner for review by

Village staff and by interested members of the public prior to the meeting at which the materials will bepresented to the Commission. Each application submitted for consideration by the Commission and ALLrequired supporting documentation shall be completed no less than (10) business days prior to the meetingat which the application will be considered. If the application and supporting materials require review byVillage staff or contractors (including, but not limited to, the Building Inspector, Fire Chief, or VillageEngineer, and including in all cases the Planning and Zoning staff), the applicant must submit all suchmaterials in time for such review, as determined by the Planning and Zoning staff in accordance withapplicable statutes, ordinances, regulations and policies of the State, the Village and the Planning andZoning Department. The Planning and Zoning staff shall determine whether the materials are correctlyprepared and complete prior to the matter being placed on the agenda, and in the event the Planning andZoning staff determines that they are not complete the matter shall be defened until a later Commissionmeeting. If, notwithstanding review by the Planning and Zoning staff, it is determined at hearing that theapplication or required supporting materials are not correctly prepared and complete, the Commission in itsdiscretion may either (i) summarily deny the application, or (ii) postpone its consideration of the matteruntil a later date. Any items that are called before the Commission which are not represented by a directparty, shall be clearly identified as to who the initiator of that request is.


b) Citizens and other participants wishing to provide written comment on an application or other written orprinted material pertinent to the application shall submit such material no later than five (5) business daysprior to the meeting at which the application will be considered.

c) It is the responsibility of applicants to present all relevant testimony prior to the decision by theCommission. Applicants and other participants will not be permitted to supplement or add new documentsto the record before the Commission after the Commission’s action.

4) Distribution of Materials to Commissioners. The Planning and Zoning staff will acknowledge and enter into therecord signed. written communications received from the public concerning the pending application at least five(5) business days prior to the public hearing, and those communications will be distributed to the Commissionand the applicant by the Planning and Zoning staff. No written documents shall be distributed to theCommission except through the Planning and Zoning staff.

a) The agenda and other written materials assembled for distribution to Commissioners by the Planning andZoning staff shall be placed in the cabinet provided for that purpose in the Village Administrative Offices.It is the responsibility of each Commissioner to check periodically his/her name slot to remove materialsfor preparation in advance of meetings.

b) The Planning and Zoning staff shall distribute all written material needed for preparation for decision-making by the Commission at least five (5) working days prior to regular or special meetings. Staff shouldinclude with each application for a home occupation permit a map-view image or images (from GoogleEarth or another provider of equivalent materials) showing the properly to which the application appliesand a sufficient area surrounding the property to show adjacent properties and structures and any otherproperties likely to be directly affected by activities on the subject property. Except in unusualcircumstances, written communications from professionals such as legal counsel or professional engineersretained by the Village regarding matters pending before the Commission shall be distributed at least five(5) working days prior to regular or special meetings.

c) A copy of each report prepared by the Planning and Zoning Administrator for submittal to the VillageCouncil will be provided to all Commissioners by email or other reliable means at the same time suchreport is submitted for presentation to the Council.

5) Testimony under Oath. All persons (other than New Mexico-licensed attorneys appearing on behalf of a client)giving testimony before the Commission shall be sworn in under oath before proceeding by the Planning andZoning staff or other qualified notary public and shall be obligated thereby to testify in a truthful manner. Toassist in the orderly presentation of testimony and maintenance of minutes and other Commission records, allpersons wishing to testify (and attorneys representing clients) will be asked to provide their names andaddresses to the Planning and Zoning staff prior to appearing before the Commission.

6) Conduct of Meetings. Roberts Rules of Order, Newly Revised is hereby adopted for the governance of theCommission in cases not otherwise provided for in these rules or as provided for in State Statute.

a) When conducting hearings in performance of its quasi-judicial functions, the Commission shall follow thedue process requirements of State ofNew Mexico ex. Re!. Battershell versus City ofA!buquerque, 108 NM.658 777 P. 2d 386 (Ct. App. 1989).

b) An applicant will be asked to address the Commission and explain the material that is the subject of theapplication in a succinct manner, confining their comments to matters relevant to the Commission’sjurisdiction and decision-making responsibilities. At the conclusion of an applicant’s presentation,Commissioners may question the applicant to assist their understanding. No new materials, includinggraphic renderings, PowerPoint presentations, photographs, or other written materials will be accepted atthe public hearing, unless admitted by the Chaiiperson upon a showing of good cause why such materialscould not be provided in advance of the meeting and upon the Chairperson’s determination that theadmission of such materials is in the interest ofjustice and equity and not unduly prejudicial to any party.No written documents shall be distributed to the Commission except through the Planning and ZoningDepartment staff.


c) The Chairperson may, at his or her discretion, invite oral testimony from the public present in support of inopposition to, or concerning the application. Such testimony will be heard in the following order: interestedparties (generally, applicants), owners of adjacent properties, other affected parties (those owning propertywithin 300 feet of the subject application); and the general public. Those testifying are asked to confinetheir remarks to matters relevant to the Commission’s decision-making responsibilities concerning thepending application. The applicant will have an opportunity to cross-examine witnesses or provide furtherclarification regarding an application. Commissioners may also question those testifying to assist theCommission’s understanding of the matter to be decided. No question shall be asked of a Commissioner byapplicants or others testifying before the Commission except through the Chairperson.

d) All persons participating in meetings of the Commission are expected to conduct themselves in a courteousmanner. The Chairperson may limit oral presentations by applicants, proponents, opponents, and othertestimony in the interests of time and orderly proceedings. The Chairperson may, when necessary, seek theassistance of the Corrales Police Department to assure the orderly conduct of Commission business.

(e) In the event that a virtual meeting format (as per Section 2. g.), the Chairperson shall recognize each speaker byname each time that person speaks. Only one member of the public will be unmuted at any given time. Members ofthe public shall be sworn in individually when they are invited to speak.

7) Voting and Decisions by the Commission. Decisions by the Commission shall be made on Motion by aCommissioner, duly seconded. Approval of a motion shall occur on the affirmative verbal vote of a majority ofCommissioners present. If the decision is unanimous, the Chairperson shall so state for the record. In the eventof a divided vote, the Chairperson shall announce those Commissioners recorded in favor, those recordedagainst, and those abstaining.

a) Voting is not permitted in absentia, or by telephone, fax or other written or electronic means, except asexpressly provided for by the Commission. The maker of a Motion shall set forth supporting reasons(findings) in the text of his/her Motion to assist in understanding the decision to be made by theCommission, provided, that in any instance where the Motion is to deny an application, the maker shallstate such reasons (findings) based on applicable ordinances and laws.

b) Following receipt of testimony, the Commission may choose to postpone a vote and decision-making to asubsequent meeting, unless Village ordinances or other applicable law requires a decision be made within aspecified time not consistent with such postponement. If the Commission finds that the record before it isincomplete, and that it is in the interest ofjustice and equity that an opportunity be afforded for additionalevidence or testimony to be allowed, the Commission may in its discretion, by majority vote of theCommissioners present, to elect to keep the record open for a period not to exceed the time until andincluding the next regularly scheduled Commission meeting for the presentation of additional testimonyand evidence.

c) In the event that a virtual meeting format is required (as per Section 2. g.), voting by Commissioners viateleconference or videoconference is allowed. Under such circumstances approval of a motion shall occuron the affirmative roll call vote of a majority of Commissioners.

8) Record of Decision. All testimony, information and documents submitted to the Commission prior to itsdecision and the minutes of the meeting will constitute the record in the event of an appeal. Any applicant orother party desiring a verbatim transcript of the hearing on any matter shall make appropriate arrangements withthe Village at least five (5) business days in advance of the hearing to be transcribed, and shall reimburse theVillage for any costs incurred.

9) Ex Parte Communication. When an application or other request is placed on the agenda for a regular or specialmeeting, it becomes a matter within the jurisdiction of the Commission and subject to the legal restraints on cxparte communications with Commissioners. Undisclosed exparte communications could compromise the fairand open purposes of these rules for the transaction of Commission business. If a Commissioner believes he/shehas been contacted cx parte on a matter pending before the Commission, it is his/her obligation so to inform the


other members of the Commission prior to the matter’s consideration, and, if the ex parte communication wasin writing, submit it as part of the record for the meeting.

10) Conflicts of Interest. Applications, presented to the Commission for decision, may, on occasion, present thepotential for conflicts of interest for individual Commissioners. A conflict could exist if a decision conferred afinancial or personal benefit to a member of the Commission or benefit someone with whom the Commissionerhas a business, personal, or kinship relationship. It is the obligation of each Commissioner to declare for therecord any instance where a conflict of interest or the appearance of a conflict of interest might exist with regardto matters pending before the Commission. Such Commissioner must then withdraw fiom further deliberations,including participation in discussion, and any decision-making, and should leave the room where the hearing istaking place unless that Commissioner claims to be an interested or affected party as described in theBattershell case cited in 6 (a) above.

11) Amendments to these Rules. These rules may be amended at any regular or special meeting by a vote of themajority of the entire membership of the Commission, provided that a written copy of the proposed amendmenthas been distributed to each member of the Commission five business days in advance of such meeting.

PASSED AND SIGNED this 16th day of June, 2021, by the Planning and Zoning Commission of the Village ofCorrales.

John McCandlessChairpersonCorrales Planning and Zoning Commission

Laurie StoutPlanning and Zoning Administrator


( ,

I. I

Planning and Zoning Administrator Report for June 16, 2021

The following home occupation applications met the criteria for administrative approval inMay:

ZOC 21-24. Applicant Chad Whitsell of 101 Rail Car Road will operate “CW Build Company”

utilizing 120 square feet of a 5,281 square foot home for office space for constructionmanagement. Rare client visits to the property.

ZOC 21-26. Applicant Char’let Garcia of 588 Mission Valley Road will operate “Estrella Crafts,LLC” using 390 square feet of a 1,569 square foot home for office space to sell crochet,embroidery items, etc. online and at markets. No client visits to the property.

The third meeting of the Chapter 18 ordinance Steering Committee was held on May 2O. TheCommittee primarily looked at and made suggestions to the “definitions” Section 18-30 of

Village Code, as well as further discussion of the new sign ordinance that will replace existing in

its entirety. Another Committee meeting was held June 3rd, where a zone matrix discussion was

held, looking at A-i and A-2 zones in the Village specifically.

On May 25th Governing Body heard the proposed ordinance to change the definition language

of “accessory structure”, “dwelling unit”, “kitchen” etc. for the second time. On June 15th a vote

may be taken, and an update can be given during the Planning and Zoning meeting June 16.

Building permits fell off this month; whether that is an anomaly or a longer-term trend is yet tobe seen. Code Enforcement Officer Rice stays steadily busy as normal, with many court cases onthe docket in June. Planning/Permits Coordinator Sevon Hall is busy with meeting minutes,

packets, and has begun reviewing some applications for completeness. She now takes

payments for zoning applications and building permits in the P&Z office.

/

Laurie Stout, Planning & Zoning Administrator Date

May 2021 Activity

Planning and Zoning Department

Joseph Benney, Building Official

Building Safety Division Report: May 2021The monthly report from the Planning and Zoning Department

includes information regarding activity related to construction permits, interagencyassistance, and various administrative duties on behalf of the citizens of the Village ofCorrales.

Building Safety Division Permits Data September 2020

TYPE OF CONSTRUCTIONNo. of Building Permit Building Valuation

permits Fees

Residential New Single Family 1 $2.483.23 $400,000.00

Residential Remodel, Additions 5 S3.249.01 $157,800.00

Residential Accessory Structures 6 $3,387.89 $144,500.00

Residential Solar 5 $925.00 $ 108,689.82

Residential Re-Roof 6 $1,581.00 $99,572.00

Residential Pools and Spas 3 $2,074.00 $180,000

Residential Fence/Wall 5 $1,199.88 $82,300.00

Demolition 2 $575.25 $10,900.00

Commercial Remodel, Additions 0 $0.00 $0.00

Commercial Accessory0 $0.00 $0.00

Structures

Commercial Solar 0 $0.00 $0.00

Commercial Re-roof 0 $0.00 $0.00

Total for the rvlonth 33 $15,475.26 $1,183,761.82

Building Safety Division Report

4513221

June 1, 2021

First notice2 noticeResolvedCitation

Planning & Zoning DepartmentVillage of Corrales

4324 Corrales Road, Corrales, New Mexico 87048Phone: (505) 897-0502 Ext. 241 / cell (505) 273-0143

Email: srice(ãjcorrales-nm.org

Village of Corrales council members.

Continue to do proactive patrol looking forcode violations, also making sure any new building has a permit.

Numbers for the month of May 2021

Respectfully,

Sherrie RiceCode Enforcement

Village of Corrales

Documents

Transcript of Village of Corrales