The Regular Meeting of the Planning and Zoning Commission was called to order by Chairman Garcia at 5:34 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 5:40 pm

James Pollard

Douglas Patterson

Dennis Garcia

Jan Debay

Also present were:

Dinah Gonzales, Planner I

Louis Fineberg, Planning Director

Rick Bellis, Town Manager

Those absent/excused were:

John Durham

Eddie Lucero

Commissioner Debay made a motion to approve the agenda.

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

Commissioner Pollard made a motion to approve the May 6, 2015 Planning and Zoning Commission Meeting Minutes.

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

Commissioner Patterson made a motion to approve the May 20, 2015 Planning and Zoning Commission Meeting Minutes. 

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

Commissioner Patterson made a motion to approve the June 3, 2015 Planning and Zoning Commission Meeting Minutes.

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

Mr. Pavel Lukes introduced the project for the proposed renovations/building of the Little Pueblo Inn on the property that was formerly known as the Adobe Wall Motel.  The Adobe Wall Motel has been closed for four years, a tree has fallen on top of the roof of one of the units.  The Conditional Use Permit is to revert the use of the property to its previous use.

Mr. Timothy Hoffman gave a presentation of the proposed renovations and new buildings for the Little Pueblo Inn.  They want to restore the site to its historical relevance of being a functional Inn.  They are going to stay with the same foot print of the Adobe Wall Motel, they will do 27 foot walls, they are planning to have a small café on site for the guests, a taxi-limo service for the Town.  The trees are a real hazard and they have to come down, they are water logged at the base and brittle at the top which produces a big hazard.  All of the trees will be used in the project and/or donated to a local non profit.  Nothing will be wasted, every bit of salvageable material from the project will be salvaged and will be historical new or new historical.  They will be using a majority of Pueblo contractors, local contractors and will try to make it as much a community base as possible.  They are planning on hiring between 21 and 30 employees, there will be 18 units, a small chapel and a spa.  The existing structures have to be taken down they were abandoned and are decaying.

Mr. Louis Fineberg gave a brief overview, the use as a hotel was discontinued in 2011, he believes it was a nonconforming structure or nonconforming use, it did not have a Conditional Use Permit, because it has ceased operation for a period of approximately four years the applicant needed to come in and request a Conditional Use Permit for this particular use, the intensity is approximately the same as what the use was prior to it ceasing in 2011.  Staff thinks this is a good project and recommends approval of a Conditional Use Permit.

Chairman Garcia opened the public hearing.

No one came forward

Chairman Garcia closed the public hearing.

The Commissioners had a brief discussion concerning the requirements the applicant will need to comply with to obtain a building permit, for example parking, landscaping, environmental reports, all applicable town codes.

Mr. Fineberg stated one of the recommendations that staff is making is a verification from State Historic Preservation Office that these buildings don't have any special historical status that would warrant special consideration.

Commissioner Pollard made a motion to approve Case No. PZ2015-39 for a Conditional Use Permit based on the testimony and the findings of facts presented by staff with three conditions:

1. Access permit from New Mexico Department Of Transportation.
2. Verification from State Historic Preservation Office that structures have no designation.
3. Must comply with all applicable Town codes including performance standards related to architectural design, parking, etc.

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

Mr. Fineberg gave an overview of the proposed amendments to the five sections of Title 16 of the Town of Taos Town Code.  In Section 16.16.220.8 (B) the only thing changing is that Mobile Home Parks will not be allowed in the Historic Overlay Zone.  In Section 16.16.220.12 (D)(2) and Section 16.16.220.12(D)(3) the change would be the preliminary public hearing before the Historic Preservation Commission will now be before the Development Review Committee and would go before the Historic Preservation Commission for a final hearing.  The Historic Preservation Commission may request that the applicant come back a second time or more until the applicant has met all requirements for an approval.  In Section 16.20.030.1(A)(2) CBD Zone was added to the list of zones that require architectural review for commercial development.  In Section 16.20.040.4(E) the amendment is proposed to clarify what constitutes the front of the project. The proposed amendment is, in a corner lot that fronts two roadways that both roadways are considered frontage for the purposes of parking lot location. In section 16.24.040 currently staff is allowed to approve subdivision if they don't create more than two parcels and provided they are not done within five years of each other.  The code reads not more than two parcels of land for sale.  The amendment proposed is not more than two parcels of land regardless of what you intend to do with the land, the "for sale" part is stricken from that section.  

Chairman Garcia opened the public hearing.

No one came forward.

Chairman Garcia closed the public hearing.

Commissioner Patterson made a motion to approve to approve the five amendments to Title 16 with a recommendation for approval for Town Council.

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

An Ordinance amending Title 16 of the Town of Taos Town Code by the addition of a new section 16.16.225, to be entitled “Medical Marijuana Facilities Overlay Zone”.

Mr. Fineberg gave an overview of the proposed Medical Marijuana Ordinance to add Section 16.16.225 entitled Medical Marijuana Facilities Overlay Zone.  The proposed locations for the Medical Marijuana Facilities are the C-2 "General Commercial", HCPD "Highway Corridor Protection District" and the M-1 "Manufacturing" Zones.  The permitting guidelines are regulated through the State.

Chairman Garcia opened the public hearing.

Those in attendance to speak were: 

 Pasquel Maestas - He is the Executive Director of Mountain Medicinal Group Inc.  He wanted to know where the zones are going to be located and wanted to know what the purpose is to add additional restrictions since the state already restricts locations. 

Chairman Garcia closed the public hearing.

Commissioner Patterson made a motion to approve Case No. PZ2015-41 and recommend it to Town Council. 

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

An Ordinance amending the Town of Taos Official Zoning Map with respect to properties comprised of approximately 243 parcels described as Areas 1 through 20 in an Order of Annexation issued by the New Mexico Boundary Commission on September 30, 2013 resulting from a Boundary Commission hearing held May 23, 2013, and acknowledged by the Town of Taos Town Council in Resolution 13-55 adopted on October 8, 2013.

Mr. Fineberg gave an overview of the ordinance proposed amendments to the Town of Taos Official Zoning Map.  In 2013 the Municipal Boundaries Commission approved the annexation of 20 areas into Town of Taos limits.  These areas were never zoned and Town Code requires that all land within Town boundaries be zoned.  The ordinance is proposing zoning designations for the twenty areas.  The proposed zone for the twenty areas is as follows:

1. Area 1: HCPD
2. Area 2: HCPD
3. Area 3: R-1
4. Area 4: R-1
5. Area 5: R-1
6. Area 6: R-A
7. Area 7: Property 1074147230318: C-2; Property 1074147232310: C-2; 1074147248292: R-6
8. Area 8: R-4
9. Area 9: R-6
10. Area 10: R-4
11. Area 11: R-4
12. Area 12: R-4
13. Area 13: R-4
14. Area 14: Property 1073148502422: R-4; Property 1074148013285: R-4; Property 1074148005254: R-4; Property 1074148003244: R-4, Property 1074148036364: R-4; All other properties: R-A
15. Area 15: R-2
16. Area 16: M-1
17. Area 17: R-A
18. Area 18: Property 1074149270424: R-14; Property 1074149328446: R-4; All other properties: C-2
19. Area 19: R-1
20. Area 20: R-A

Chairman Garcia opened the public hearing.

Those in attendance to speak were:

Area 1: No one came forward

Area 2: No one came forward 

Area 3: No one came forward

Area 4: No one came forward

Area 5: No one came forward

Area 6: No one came forward

Area 7: No one came forward

Area 8: No one came forward

Area 9: No one came forward

Area 10: No one came forward

Area 11: No one came forward

Area 12: Leah Slator - She would like her property on the west side of Morada Lane to be a higher density.

Area 13: Lawrence S. Montoya - He wants to know if the Town went to the County Assessors Office or Taos County to see what properties are already broken up and how big they are because if you place a zoning to it you are automatically in noncompliance.  He stated it would be nice to know how big those properties are and how it is going to affect each individual owner. 

Area 14: No one came forward

Area 15: No one came forward

Area 16: No one came forward

Area 17: Vince Martinez - He is concerned that he has sheep and he thinks they are trying to take away some of his sheep.  His family has had sheep for centuries.  He would like to keep his sheep as it is his livelihood.

Don Peters - He spoke on behalf of Not-Forgotten outreach concerning the property they use as a Taos Veterans farming project.  They want to keep their animals and gardens and would like for their project to grow.

Kym Sanchez -  They lease the land by Sunset Park and that is where they have their 11 goats. Her concern is that Valverde Commons who leases the land to them can come in and restrict them.

Area 18: No one came forward

Area 19: Phillip  - He wants to know why Este Es Place going up to Tafoya Road hasn't been annexed into the Town.  How does he get annexed into the Town because they are getting neglected by the County.

Bill Westbury - He wanted to know if Area 19 was part of the Exterritorial Zone at one time.  When they were part of the County a duplex was denied and wanted to know why a duplex was built in that area.

Aaron Lewis - He owns two lots on Morgan Road and has owned them for ten years.  He subdivided his property.  He is not happy about being in Town, he does not want to be in Town and he asked not to be in Town.  He is not crazy about the County either.  He wants to have one house and one casita on his property. He wants to be R-2 not R-1.

Michelle Chacon - She asked if the boundary was Este Es Road, the South side is County and the North side is Town.  She is in the County but is concerned her property will be annexed into the Town.

David Romero -  He lives off of Calle Crystal.  He asked if his taxes are going to go up.

Lawrence S. Montoya - He wanted to reiterate what he said previously, he is not against the annexation.  The minute you sell your property it will affect you.

Area 20: Manuel Chacon - He wanted to know how may houses he can put in the proposed zone.  He has sons and may want to split the property.  He is requesting an R-4 Zone along Gusdorf.

Michael Kegley - He wanted to know what the staff recommendation is for that area.

Jolene Olguin - She likes the R-A Zone.  Hopes they can take into consideration the property owners on the other side.

Chairman Garcia closed the public hearing.

Commissioner Pollard made a motion to approve as per staff recommendation and staff finding to suggest the following zone designations to the Town of Taos Town Council.

1. Area 1: HCPD
2. Area 2: HCPD
3. Area 3: R-1
4. Area 4: R-1
5. Area 5: R-1
6. Area 6: R-A
7. Area 7: Property 1074147230318: C-2; Property 1074147232310: C-2; 1074147248292: R-6
8. Area 8: R-4
9. Area 9: R-6
10. Area 10: R-4
11. Area 11: R-4
12. Area 12: Boundary line between the ARO and R-4 be extended to the North and to the East and the area to the West of that boundary be zoned R-14 and the South of that boundary be zoned R-4
13. Area 13: R-4
14. Area 14: Property 1073148502422: R-4; Property 1074148013285: R-4; Property 1074148005254: R-4; Property 1074148003244: R-4, Property 1074148036364: R-4; All other properties: R-A
15. Area 15: R-2
16. Area 16: M-1
17. Area 17: R-A
18. Area 18: Property 1074149270424: R-14; Property 1074149328446: R-4; All other properties: C-2
19. Area 19: R-2
20. Area 20: Staff design a boundary against Gusdorf Road and zone the properties against Gusdorf Road R-4 and that the remainder of Area 20 be zoned R-1

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

A motion was made by Commissioner Romero and seconded by Commissioner Patterson to adjourn the meeting.  The motion carried unanimously and the meeting adjourned at 8:16 p.m.