The Regular Meeting of the Planning and Zoning Commission was called to order by Chairman Garcia at 5:29 p.m. 

Ms. Dinah Gonzales of the Planning, Community and Economic Development Department called roll and a quorum was present.   

Those present were:       
Billy Romero - Arrived at 6:37

James Pollard

Douglas Patterson

Dennis Garcia

John Durham

Jan Debay

Also present were:  

Dinah Gonzales, Planner I

Louis Fineberg, Planning Director

Chairman Garcia asked to clarify that this case is for a preliminary plat approval. 

Commissioner Patterson made a motion to approve the agenda as amended.

Commissioner Pollard seconded the motion. The motion was Passed. Those voting AYE were: Commissioners: Pollard, Patterson, Garcia, Durham, Debay

Commissioner Durham stated on page three there is a reference to a question he asked about the possibility that other artists would be archiving their work here. His concern is that the building will become a commercial use.  Commissioner Durham would like the applicants response added to the minutes.  The applicants response was the only artists that would be invited to archive were the original Taos Society of Artists. 

Commissioner Patterson made a motion to approve the July 21, 2015 Planning and Zoning Meeting Minutes as amended.

Commissioner Pollard seconded the motion. The motion was Passed. Those voting AYE were: Commissioners: Pollard, Patterson, Garcia, Durham, Debay

Commissioner Patterson made a motion to approve the minutes from the August 5, 2015 Planning and Zoning Commission Meeting Minutes.

Commissioner Debay seconded the motion. The motion was Passed. Those voting AYE were: Commissioners: Pollard, Patterson, Garcia, Durham, Debay

Those in attendance to speak were:

Mr. Gene Sanchez - He wants to know what is happening to the Planning Department and why they can't issue a building permit.  

Mr. Fineberg asked the Planning and Zoning Commission to consider a 6:00 p.m. starting time for the Planning and Zoning Commission Meetings.

The Commission and staff had a brief discussion and will look at the time when they approve the schedule for next year.

Mr. Louis Fineberg introduced Case No. PZ2015-45.

Mr. Robert Watt of Red Tail Surveying gave a PowerPoint presentation on the preliminary plat.  The property is 1.216 acres and they are proposing 6 lots.  The subdivision will be called the Taos Crest Subdivision.  The primary issue that motivated this request for a subdivision is that the residence on lot 3, owned by Mr. Lloyd Montoya, whom also has a 1/16 ownership interest in the 1.216 acre property.  When Mr. Shardell acquired this property about two years ago he worked out an agreement with Mr. Montoya to allow Mr. Montoya to have rights to this property with a co-ownership agreement which gave Mr. Montoya 1/16 interest.  The other 15/16 interest belong to Mr. Shardell.  Mr. Shardell would like to segregate Lot 3 to compensate for the 1/16 ownership agreement to allow Mr. Shardell to have complete full title of the remaining property.  The secondary motivation was the residence on the southern end of the property along Ranchitos Road that Mr. Shardell would like to sell.  The plat shows the setbacks for all lots.  There is a hammerhead so that emergency vehicles can turn around and there is a fire hydrant across the street on Ranchitos.  The developer will comply with all development standards of the R-14 Zone and the Historic Overlay Zone and will pay the in open space in lieu fees.

The Commissioners concerns were if the developer is going to pave the road, if  the applicant is going to submit a discloser statement with the final subdivision plat, if the developer will consider putting in a fire hydrant, if the lot that will be sold is the one on Ranchitos and if the other lots will be sold now and if the applicant sent notice to the property owners within three hundred feet of the property line.

Mr. Fineberg read the staffs recommendation from the staff report.

Chairman Garcia opened the public hearing.

Those in attendance to speak were:

Erlinda Gonzales - Her home, her parents home and the property they own are adjacent to the subject property.  She would like to know what the setbacks are from her property line.  She is concerned that the traffic is slow on Ranchitos and the six lots will add to the traffic.  She would like to know if the Town or the developer will put a traffic light at the entrance to control the traffic.  She is concerned that a subdivision is coming into her neighborhood. She would also like to know where the open space is going to go, what are the heights of the buildings that are going in there, what it is going to look like from her property and the view.

Eddie Sanchez - He lives in the area where they are going to place the subdivision.  The applicants quality of life is going to improve but theirs is going down they won't be able to see the mountain anymore.  With development you lose your dignity.

Mr. Watt explained the survey plat shows the property line as well as the setbacks, if the Commission feels there is a reason for a deeper analysis on the traffic the developer will certainly consider doing it, the existing building will be sold and will remain there unless the buyer decides to demolish it and at that time they will need to follow the development standards for the R-14 Zone as well as those for the Historic Overlay Zone, developer will pay the open space in lieu fees,  the wall on lot one on the south side is outside of the setbacks and he doesn't think the development will have any effect of the view of the mountain.

Lloyd Montoya - He currently resides on lot three.  His concerns are the utilities were placed when he bought his home in 1981.  The utilities go through the property.  He wants to know what will happen if people buy the lots that his utilities are running through.

Mr. Watt stated he will be happy to meet with Mr. Montoya to discuss his utilities with him.

Chairman Garcia closed the public hearing.

Commissioner Durham made a motion to approve Case PZ2015-45 for the preliminary plat approval for the Taos Crest Subdivision with the following conditions.

1. Pursuant to requirements of Section 16.20.090 of the Town Code, the applicant shall dedicate a minimum of 10% of the gross land area of the development as open space or pay a fee in lieu of open space dedication.
2.  Prior to the issuance of a Certificate of Occupancy for any new construction, the applicant shall extend utilities to each lot in accordance with the provisions of Section 16.24.020.2 of the Town Code.
3.  Prior to the issuance of a Certificate of Occupancy for any new construction, the applicant shall make improvements to the proposed access road in accordance with the provisions of Section 16.24.020.2 of the Town Code.
4.  Applicant shall revise the preliminary plat to show all improvements required in (3) and (4) above.
5.  Applicant shall verify the presence/absence of acequias on the subject property by contacting the Mayordomo.
6.  Applicant shall show all utility improvements on the final plat.
7.  Applicant shall show extension of Town and other utilities to all proposed lots.

Commissioner Debay seconded the motion. The motion was Passed. Those voting AYE were: Commissioners: Pollard, Patterson, Garcia, Durham, Debay

Commissioner Romero asked staff how not having a Building Official will affect the building permit process.

Staff explained that applicants will obtain a zoning review here and will have to go to Construction Industries Division in Santa Fe for the building permit until we hire a Chief Building Official.

A motion was made by Commissioner Patterson and seconded by Commissioner Pollard to adjourn the meeting.  The motion carried unanimously and the meeting adjourned at 6:45 p.m.