Village Ordinances, Chapter 9:

9.2.1: General Provisions (C)  PURPOSE AND INTENT. “It is the purpose of this Article to require development and redevelopment of land in the Village in a manner that retains and enhances the economic, historical, architectural, educational, civic, social, cultural, and aesthetic values, and the overall quality of life within the community.” 

9.1.6 (C) CONSIDERATIONS FOR SUBDIVISION PLATTING (6): “Any subdivision or replat proposal which does not conform with goals, policies or other provisions of the Master Plan or other officially adopted land use plans shall not be approved.”

9.1.7(C) and 9.1.8 contain the procedures and submission requirements for final approval of Major Subdivision Plats before the Planning and Zoning Commission and the Board of Trustees. 

9.1.8 (A)(8) states: “No preliminary or final plat of a major subdivision shall be acted upon without a public hearing.”

ARGUMENT:

In the Packet for the February 20 BOT meeting, Applicant did not show evidence of full and complete compliance with Ordinances 9.1.7 and 9.1.8. 

The BOT should defer approval of the Site Development Plan until the final plat for this major subdivision is approved as required by 9.1.7 and 9.1.8.

9.2.27 (Pilot Project)

9.2.27(A) PURPOSE AND INTENT. The purpose of this section is to encourage residential development that provides alternative means to preserve character with particular emphasis on agricultural land and open space, in conformance with the Master Plan. It is the intent of this section to allow a density bonus while maintaining Village style, scale and character.

9.2.27(O) (1) Duration.“When the Board of Trustees reviews the results of the pilot projects, the Board may adopt the Chapter 9 Article 2, Section 27 conservation development standards permit amended to reflect design standards and other observations learned from the implementation of any pilot project ….”

Argument

While this pilot project has been in process, the Palindrome project and the new commercial development at Chavez and Fourth Street have been under construction. They are having and will have a serious and widespread negative effect on surrounding neighborhoods and infrastructure, especially by traffic congestion, noise, safety and parking. These negative impacts are already burdening the Village. The proposed Guadalupe Chavez major subdivision will increase these negative impacts.

The Village does not need to wait until the construction of this new pilot major subdivision and the report by the developer to realize the negative impact it will have on the Village style, scale and character.

Read the Planning Report and Notice of Decision previously attached to the Board Packet for February 20 and attached again to the Board Packet for the upcoming March 19 BOT meeting. These were both written by Maida Rubin.

Ordinance 9.2.27 Conservation Development Standards Permit (“CDP”)

9.2.27 (J) DEDICATED LAND. 

(1) Dedicated for purposes of agriculture, recreation and/or conservation use.

(2) Uses

(b) Recreation Open Space

(c) Conservation Open Space

2. Trees are encouraged

3. Preservation of existing natural landscapes and features, such as cottonwood trees, native vegetation, acequias and existing grades and slopes, is encouraged

(4) (g) OWNERSHIP AND MAINTENANCE. Land shall be dedicated to remain dedicated in perpetuity through easement or restrictive covenant. Must assure land is not subject to further construction or development. Must be owned and maintained by home owners’ association, conservation association, individual or entity that agrees to comply with the regulations of this section and any applicable requirement of NMSA 1978 47-12-1 et seq.

ARGUMENT: 

1. None of the above requirements are met in the BOT Packet for the February 20, 2024 hearing.

2. The Official Notice of Decision (“ONOD”) (p. 87 of 2-20-24 Packet) lists eight conditions. All of these conditions must be complied with and the developer should be asked to produce evidence of full compliance. Site Development Plan should not be considered or approved until Palindrome proves full compliance.

3. Condition 7 requires any dedication of open space must be perpetual, with adequate funding for the perpetual operation and maintenance of such open space. This condition encourages applicant to consider legal alternatives to effectuate these conditions such as monitoring, audits, providing oversight funding and commitments and covenants that run with the land.

4. The BOT Packet for the 2-20-24 meeting did not contain all of the above. 

5. The proposed “OPEN SPACE USE AND MAINTENANCE AGREEMENT” contains no language that would prevent the HOA from using the land for a soccer, football or baseball field.

Speakers should focus on 

• deficiencies in the applicant’s case, 

• failures to prove compliance with major subdivision requirements 

• reasons why this site development plan does not properly protect the health, safety and welfare of the Village residents

• reasons why the proposed density does not preserve and maintain the Village style, scale and character, particularly the Guadalupe Trail Character Area and the historic character of the existing Nat Kaplan structures. 

Speakers should emphasize the wide passionate opposition as shown by the large turnout by residents for the March 19 BOT hearing. Chavez is becoming a busy and dangerous arterial used by commuters to the westside. The proposed development will only make it worse.

1.2  Overall Village Goals

1.2.1 Reflect and preserve a semi-rural Village identity and character with agriculture, Village history, and the natural environment—open space, vistas, the canopy, and ditches—at its core through:

-- Relatively low density and diversified residential land uses

…

-- Preservation of historic or archeologically significant features,

…  and identifiable familiar vernacular characteristics (such as … older buildings).

1.2.5 Protect and enhance the Village’s natural environment to sustain it for the enjoyment of current and future Village residents and visitors.

2. Village Form Goal

2.1.1 Objectives: 

… 

• Preserve the unique character of each of the Village corridors

• Preserve the openness, views of mountains, and open expanses of the Village

• Minimize light pollution

• Minimize noise pollution

4. Environment

“Regardless of requirement within Village law, it is encouraged that those in the Village take action to become better stewards of the environment for the vitality and benefit of future generations.”

4.1 Environmental Goal

“…it is the goal to protect and enhance the environment in the Village wherever and whenever possible.”

4.1.1 Policies & Action Steps

Action Steps

๐ Provide information for residents on:

-- Local wildlife and wildlife conservation methods

-- The impact and importance of the environment, including on human health and well-being

-- Renewable energy and green building techniques and incentives

-- Integrated pest management, including the negative effects of herbicides and pesticides

๐ Enforce and revise as necessary Village ordinances pertaining to the environment

4.7 Sustainable Development Goal

In recognition of the importance of human impact on the environment and environmental responsibility, the goal is to encourage and integrate into Village residential and commercial development sustainable and low-impact infrastructure and development.

6.1 Open Space Goal

The goal is to encourage preservation of open space, open expanses, vegetation, and wildlife habitat throughout the Village.

• Incorporate open space throughout the Village

• Protect the natural environment, particularly vegetation and habitat for wildlife

• Utilize planning techniques to preserve continuous amounts of open space

• Encourage open space protection efforts by private  landowners

• Encourage maximizing and preserving scenic views

7.1.1 Historic Preservation Objectives

Preserve historic structures, buildings, lot patterns, ditches, and archeological resources

10.1.1 Transportation Objectives

Mitigate the impact of vehicular traffic on Village roads