Chairman Lea introduced two of the three new Planning and Zoning Commissioners John Durham and Jan Debay and stated they both have Planning and Zoning experience and added he is looking forward to hear their knowledgable opinions.

Chairman Lea stated the third new Commissioner is Jim Pollard and added Mr. Pollard has tremendous Planning experience and has served on this Commission in the past.

Chairman Lea stated for the record Commissioner Lucero had arrived.

Chairman Lea thanked Doug Patterson and Pavel Lukes for their participation and added they were two of the most knowledgable people on the Commission, certainly more knowledge than what he was about some of the issues they were dealing with and added it is really unfortunate to not have them on board, although he believes the new Commissioners will be very helpful based on the resumes he read, Doug and Pavel were very helpful.  Chairman Lea stated not to create a drama issue but he would question why they were removed from the board, he finds it a very questionable move by the Town Council, he thinks it is not a very wise decision to remove people that have given so much of themselves to an organization like this. 

Commissioner Lea  mentioned that Ms. Perkins is resigning on the 8th of August.

Ms. Perkins stated he is correct.

Ms. Rincon informed the Commission there is no Interim Planning Director at this time, the job was posted on the 1st of August and will close on the 15th of August.

Commissioner Garcia requested the Town Manager attend the next regularly scheduled meeting to inform the Commission who will be filling the position temporarily until that position is filled.

Chairman Lea agreed with Commissioner Garcia and added a formal request from the Planning and Zoning Commission to have somebody that can tell them the direction they are going.  Chairman Lea stated that can affect the way the next meeting is handled.

Chairman Lea briefly talked about three other agenda items.  Chairman Lea's concerns were items 6 Public Hearings B: PZ2014-14 Text Amendment for Zone and Site Plan Changes, C: PZ2014-15 Text Amendment to Special Uses and D: PZ2014-16 Text Amendment to Planned Unit Development. Chairman Lea's concerns were that the Commission was going to have a lot of work to do on the agenda items, he feels the new Commission need to be familiar with the material before they make any moves or take any action.

The new Commissioners have not had a chance to review the material or speak with the Planning Department about the work the Commission has already done on these three items.

Chairman Lea recommends to continue these three agenda items at this time until the new Planning Director gets caught up with it so they aren't duplicating their efforts.

Chairman Lea made a motion to Continue Item 6 B PZ2014-14 Text Amendment for Zone and Site Plan Changes, Item 6 C PZ2014-15 Text Amendment to Special Uses and Item 6 D PZ2014-16 Text Amendment to Planned Unit Development until the next regular scheduled Planning and Zoning Commission Meeting on September 3, 2014.

Commissioner Durham seconded the motion. The motion was Passed. Those voting AYE were: Commissioners: Romero, Garcia, Lea, Durham, Debay, Lucero

Commissioner Lucero brought up a concern about receiving the Commissioner Packets three days before the meeting and requested the Commissioners receive their packets at least one week before the meeting so they have time to review the packets.

Commissioner Debay agreed with Mr. Lucero.

Commissioner Durham had a question concerning rezoning that parcel and wanted to know if that needs to go through the normal application procedure. 

Chairman Lea informed Commissioner Durham they would discuss that when they got to that case.

Commissioner Durham asked if it would be okay for the Commissioners to sit with Amy to get their questions answered.

Chairman Lea stated that would be appropriate.

Ms. Perkins gave a presentation on Case No. PZ2014-19 Proposed Planned Unit Development for 441 La Posta Road.

Ms. Perkins stated the applicant asked to continue this case to the next regularly scheduled Planning and Zoning Commission Meeting which will be September 3, 2014.

Ms. Perkins stated the staff report describes that the application was incomplete and she has requested additional information from the applicant.  The information the applicant is lacking is the  elevations, the letter from the acequia mayordomo concerning the setbacks, and the site plan has changed.

Commissioner Garcia stated he thinks the Commission should take action on this item and deny it.

Mr. Bellis asked the Commission to consider Commissioner Garcias statement.

Commissioner Garcia brought up the comments concerning the lack of notification of this case.

Chairman Leas stated one of the concern was that the representative on behalf of the applicant wasn't sure how to apply what particular part of the ordinance, the current one or was he trying to cater it towards the future changes the Commission was discussing making.  Chairman Lea stated he thinks they should deny this case until they clarify some of the changes so it is not continued for the next three or four hearings.

Chairman Lea opened the Public Hearing.

Those that came forward were:

Mary Grade - Mrs. Grade's concerns were the zone change, she was informed that it just meant there would be buildings instead of trailers and the building would be a one story, all the information she got is no longer true.  How many stories will the buildings be, what will the building look like and a main concern is the traffic.

Ms. Perkins informed Mrs. Grade the zone change was denied and explained what is allowed in current zone for the property and explained how Mr. Yaravitz has to present his case.

Chairman Lea informed Mrs. Grade of her options for obtaining information for future cases.

Michael Wineman - Mr. Wineman had a question concerning the density bonus, and the area being a swamp. 

Commissioner Durham's concerns was the application states there will be HOA fees for the apartment complex for maintenance.

Ms. Perkins explained the application came in originally as one owner for apartments and later changed to include a subdivision with four plexs that would require an HOA and common area.  Ms. Perkins stated there is a lot of confusion and that is the main issue with the application. 

Commissioner Romero agreed the case should be denied and the applicant will need to submit a completed application to move forward.

Commissioner Lucero made a motion to deny Case No. PZ2014-19 Proposed Planned Unit Development for 441 La Posta Road based on the fact the applicant has failed to submit the proper application process.

Commissioner Romero seconded the motion. The motion was Passed. Those voting AYE were: Commissioners: Romero, Garcia, Lea, Durham, Debay, Lucero

Ms. Perkins gave a presentation on the history of what the Commission has gone through on Ordinance 2014-05 Zoning Map.  Ms. Perkins stated they have variations of the zoning map.

Chairman Lea requested they address the other variations briefly and then they will decide how to handle it.

Ms. Rincon gave a presentation on the zoning maps and explained the changes that have taken place, including annexations, the rezone where the C-2 went back to RA-20, Valverde Commons which was on the map as R-A land but technically it is an R-2 PUD, there were a couple of annexed pieces of land that had been zoned under the ETZ which were left zoned the zone they were under the ETZ.

Commissioner Garcia asked if they had documentation to back up the changes.

Ms. Rincon stated they have all the ordinances that go with all of the zone changes.

Commissioner Durham stated if they separate out what they just discussed from the issue at Paseo del Pueblo Norte and Placitas that it is a clean up, they are bringing the map in conformance with actual zoning that has been researched and documented by ordinance. 

Chairman Lea asked Town of Taos Attorney Mr. Jacob Caldwell if they went forward today and had the discussion tabled or if they wanted to continue the discussion regarding the reversion back to the RA from the C-2 can they approve the map and isolate that one issue. 

Mr. Jacob Caldwell stated they have some flexibility in that regard and clarified that changes to the zoning map by making changes to the zoning ordinance can be initiated by the Planning Commission.  Mr. Caldwell reminded the Commission they would have to meet the public notification process, they can do it all at once or do it in pieces, it would make more work for the Planning Staff.

Chairman Lea asked the Commission if they had any other questions.

There were none.

Chairman Lea opened the Public Hearing.

Those in attendance to speak were:

Michael Sayre - Concerning his property on Camino de la Placita,  he thought he was in C-2 zone and is okay with changing to zone to R-14.

Marion Summers - Granddaughter of Chet Mitchell concerning property on Camino de la Placita, she is okay with that little piece to be zoned R-14.

Commissioner Durham asked if it was possible to change the zone without anybody applying for the rezone.

Mr. Caldwell stated this is not your typical rezone most are submitted by the land owner but a request from the land owner is not the only way to rezone property. It is appropriate to initiate a change to the zoning map as set forth in the Land Use Development Code by the Planning Commission. 

Chairman Lea asked Mr. Caldwell if there was a separate procedure they have to go through to initiate the zone change as a Commission. Does the Commission have to notice it or can they just make it as a result of changing the zoning map that they are working on now?  

Mr. Caldwell stated the code requires for purposes of initiation of an amendment that it be done by Resolution of the Planning Commission, the Commission will resolve by motion, the Commission will make findings and the code does require that the findings be made and presented to the Town Council for their consideration.

Chairman Lea stated people wanted to protect the green space around Valverde Commons and asked if anybody had knowledge on that.

Ms. Summers stated she appreciates the beauty of the green space and open space but she doesn't want this to become a taking of that land. 

Commissioner Durham stated reverting to RA does not mean they cannot go back in with a rezoning request for something they would like to do in the future where there would be information, detail, elevations and added he is not comfortable with rezoning or declaring tonight that it is R-14.

Ms. Summers stated they can also argue that back in 1988 when the ordinance was passed to change the zoning from RA to C-2 there was no expiration date on that Planned Unit Development under that code.  Ms. Summers stated they can go that route and she can argue that PUD is still in place so it is still currently commercial as she has been taxed. 

Chairman Lea asked that they continue the discussion.

Ms. Perkins clarified on the 2006 the location of the C-2, the smaller area where the R-14 would be and the large area where the RA would cover.

Mr. Sayre stated his property is not connected with Chets or his granddaughters, he understands you have to have three acres minimum to put it RA so his cannot be RA.  

Chairman Lea clarified the compromise the Town has come up with that Ms. Summers is comfortable with is that 2.6 acres would be rezoned to R-14 but the rest of it other than Mr. Sayre's property would be zoned RA and would maintain that and anything coming forward for a zone change would have to be an application for a zone change or the Commission would have to make that change.

Ms. Perkins stated that is correct.

Commissioner Garcia stated he doesn't have a problem with the requests.  Commissioner Garcia would like two things, something from the Attorney indicating they have the ability to make that decision without going through the channels that Commission Durham has indicated and just for transparency give notice to the neighbors in case there is anybody that has issues with it. 

Commissioner Romero asked who would be responsible for sending out the notices.

Chairman Lea answered the Town and summarized what Mr. Caldwell had explained.  Chairman Lea explained if they went forward and approved the zone change now while approving the zoning map it would be an interim zoning map and would later have to approve the final zoning map, by not approving it it would cause more work for the Planning Staff.  Chairman Lea asked what the zoning map would like in the interim as it relates to that particular section..

Ms. Rincon stated she does not know what it will look like.

Ms. Perkins stated she would ask the Town Attorney.

Commissioner Lucero commented it will mean that the proposed R-14, Mr. Sayres and Ms. Summers property, would be RA for the interim until they do something else, he also thinks this is a very clear compromise and it is honorable that the Town wants to do something like this to try to get this resolved.  Commissioner Lucero asked the Commission to really think about this and consider approving this zoning map with the R-14 just for the sake that it is the right thing to do.  Commissioner Lucero added that legally based on what Mr. Caldwell stated they are allowed to do that. 

Chairman Lea stated they could approve the zoning map as it is and the Town can notice surrounding land owners for the next Town Council meeting and if any land owner had problems with it they can bring it up to the Town Council before they do the final approval of the map. 

Mr. Caldwell stated that is an option, in hearing the discussion it occurred to him they might have to do that whether it was stated as a condition of approval at this hearing or not. 

Chairman Lea stated as Mr. Garcia stated the Commission does have an obligation to the citizens of this community to make sure they are notified of such things.  Chairman Lea stated they could approve the map with the condition that the Town were to notice surrounding land owners to bring up any disputes on such change at the Council Meeting. 

Mr. Caldwell stated there is a statute that deals with notification requirements for purposes of any zoning change, amendment or supplement and those regulations require a change in zoning is changed for more than a block then notice must be provided by first class mail to owners of property within 100 feet of the subject property.  Mr. Caldwell stated that might be a logical and fairly straight forward way of meeting the desire of the Planning Commission for purposes of notification, it is the best way of going forward pursuant to the Zoning statute and advancing this to the Town Council which is ultimately where it can be decided finally.

Chairman Lea made a motion to approve the zoning map and Ordinance 2014-05 and request that the Town Council adopt such zoning map however they only approve the zoning map as it relates specifically to the section they have been talking about defined as the Placitas section, they only approve the changes to the R-14 as staff has recommended upon the Town Council approving such change after the Ordinance that Mr. Caldwell has discussed fulfilling and that would require the Town to send by first class mail to all land owners within 100 feet of this particular change upon that being noticed correctly and the Town Council recognizing that such notice has been sent out and having heard from any parties being concerned.

Commissioner Lucero seconded the motion. 

Mr. Caldwell stated requirement of the Land Use Development Code for purposes in initiating a change is that you make findings and recommendations to the Town Council, he believes they have articulated what the findings and recommendations are, however he thinks it will be helpful to the Town Council to have findings included that reflect that the Commission has considered the purposes of the Land Use Code in identifying that these zoning classifications are appropriate.  Mr. Caldwell stated he can either refer them to the portion of the code and quickly run them through those or you can empower the staff to incorporate those findings that the Chairman will sign as having been made by the Planning Commission. 

Chairman Lea asked Mr. Caldwell to go through those types of findings the Commission should be considering are.

Mr. Caldwell read the criteria from the Land Use Development Code.

Chairman Lea stated he is unfamiliar with the Master Plan that they have now as it relates to that particular part of Town.  Chairman Lea asked Ms. Perkins and Ms. Rincon if they had the Master Plan in front of them.

Ms. Perkins stated she did not bring the Master Plan but read what staff pulled from the Master Plan for the Staff Report.  Ms. Perkins stated if the Commission adopted the Staffs findings within the motion the Commission is adopting those findings.

Commissioner Lea asked if the review criteria Ms. Perkins wrote as it relates to the zoning map as a whole not particular to that one spot within the zoning map.

Ms. Perkins stated the Master Plan talks about general high level concepts and the zoning regulations are at a more detailed level so as long as the zoning map is meeting the intent of the Master Plan, which she believes this does, you are fulfilling that requirement, there is not an area Master Plan for this area at this time.  Ms Perkins explained what staff looked at when they were considering this. 

Commissioner Durham asked if it would be appropriate to include in the findings of facts that Commission did raise the issue of  the proper procedure to follow and the Town Attorney said they are authorized to approve the zoning in this rather streamlined way.

Chairman Lea stated the Town has stated their position on the record, it is being recorded.

Chairman Lea's amendment to his motion is to adopt the findings of fact as set forth in the recommendations of staff.

Commissioner Lucero Seconded the motion. 

Chairman Lea closed the public hearing.

The motion was Passed. Those voting AYE were: Commissioners: Romero, Garcia, Lea, Durham, Debay, Lucero

Commissioner Garcia brought up one of the members that was the Vice-Chairman resigned and asked that they put it on the agenda next month to select a new Vice-Chairman.

Chairman Lea thanked Ms. Perkins for all she has done.

Mr. Rick Bellis gave an update on the Planning Department.

Commissioner Garcia asked that the Planning Department attach to the Commissioners Packets documentation stating the results of the Councils decisions on the items that go forward to the Town Council from the Planning Commission.