Santa Fe County Board of County Commissioners Special Meeting of December 3, 2013 Page2
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SANTA FE COUNTY BOARD OF COUNTY COMMISSIONERS SPECIAL MEETING December 3, 2013 Kathy Holian, Chair - District 4 Danny Mayfield, Vice Chair - District 1 Robert Anaya - District 3 Miguel Chavez - District 2 Liz Stefanics - District 5 [excused] BCC MINUTES COUNTY OF SANTA FE PAGES: 186 STATE OF NEW MEXICO SS I Hereby Certify That This Instrument Was Filed for Record On The 15TH Day Of January, 2014 at 0t:58:25 PM And Was Duly Recorded as Instrument tt 1727731 Of The ecords Of Santa Fe County itness My Hand And Seal Of Office ~ Geraldine Salazar ....,.,,,_v_,, ..___ v•ci--- County Clerk, Santa Fe, NM SANTA FE COUNTY SPECIAL MEETING BOARD OF COUNTY COMMISSIONERS December 3, 2013 This public hearing of the Santa Fe Board of County Commissioners was called to order at approximately 4:25 pm by Chair Kathy Holian, in the Santa Fe County Commission Chambers, Santa Fe, New Mexico. Roll was called and indicated the presence of a quorum as follows: Members Present: Members Excused: Commissioner, Kathy Holian, Chair Commissioner Liz Stefanics Commissioner Danny Mayfield, Vice Chair Commissioner Miguel Chavez ·~,.: ~u., Commissioner Robert Anaya [telephonically at 8:25] Staff Present: Katherine Miller, County Manager Steve Ross, County Attorney Penny Ellis-Green, Growth Management Director Willie Brown, Assistant County Attorney Robert Griego, Planning Manager Sarah Ijadi, Senior Planner Tim Cannon, GIS Planner III. Approval of the Agenda CHAIR HOLIAN: I would like to propose that we amend the amended agenda further. I would like for public comments to occur after the introduction of the changes to the ordinance, so public comments would be item V, and then I would like or the discussion of the adoption time line to be after the Board discussion. Are there any further changes? COMMISSIONER CHAVEZ: Madam Chair, I'll move for approval as amended to include public comment being moved up further into the meeting. COMMISSIONER MAYFIELD: Madam Chair. CHAIR HOLIAN: Yes, Commissioner Mayfield. Santa Fe County Board of County Commissioners Special Meeting of December 3, 2013 Page2 COMMISSIONER MAYFIELD: The only hesitation I have with that - I know we're starting late, but I know there were some folks that were here to comment publicly but they did leave because they thought that public comment was going to be a little later, so I would just ask that we would still entertain to allow public comment after everything if individuals have anything to say. CHAIR HOLIAN: Okay. So I suggest then that we keep the public comment where it is but add another public comments after the introduction of the code. Would that be acceptable, Commissioner Mayfield? COMMISSIONER MAYFIELD: Madam Chair, I appreciate that. Thank you. CHAIR HOLIAN: Is the maker of the motion acceptable with that? COMMISSIONER CHAVEZ: Yes. So basically what you've done is you've added a second public comment portion and that would be right after the introduction. Okay. That would be fine. The motion passed by unanimous [3-0] voice vote. IV. Public Hearing on Ordinance No. 2013-_, the Sustainable Land Development Code (SLDC) CHAIR HOLIAN: I just wanted to make a few introductory remarks. There has been impressive public involvement in this process of developing our new land development code. The first draft of the code was released in September 2012 and the important thing about that code is it implemented the ideas of goals of the Sustainable Growth Management Plan, and there's some very important concepts in the plan and in the code. For example, zoning. We really did not have true zoning in the county prior to this code. Now we will have zones, all land will be zoned and there will be use tables associated with those zones. This is new for the County. There are some important growth management techniques and I think we will be talking about that a little bit further tonight. Also design standards. Design standards for almost any kind of development that occurs in the county. Another really important thing about this is it's going to be one contiguous code and we are going to maintain it as we go forward into the future as a contiguous code so that it will be easy for people to know where it exists, to be able to look things up and they will know that what they are reading actually is the true code and hasn't been changed by some other ordinance. After the first draft of the code was released in 2012 we had numerous public meetings to introduce these important concepts to the public. The public meetings generated over 2,500 comments; this is a good thing. It means that people were really paying attention to what was happening and it's a good thing because it is very important for our future in the county. After the public comments staff went to work refining the code further, in a lot of cases taking suggestions from the public comments they had received, and the adoption draft of the code, the one that we are considering now, was released in September 2013. There are a number of changes in that adoption draft as compared to the original draft of the code but the fundamental principles still remain in the code. Now, some of those Santa Fe County Board of County Commissioners Special Meeting of December 3, 2013 Page3 changes were based on the comments that were received and some were due to legal considerations that our Attorney brought to our attention and also our consultants. Since the adoption draft has been released in late September we have had a lot more public involvement, mostly in the form of educating the public, trying to let them know what is actually in the code and also getting feedback from the public. We've had three study sessions. We've also had five community meetings and the last community meeting in fact was last night in Pojoaque. We've had one public hearing already and tonight is the second public hearing for the code. So where do we go from here? Well, we are going to have that discussion later. We're going to talk about the adoption timeline, so I will leave those comments to a little bit later, but I do want to also let you know how this meeting is going to proceed. First, Penny Ellis-Green will outline changes to the adoption draft of the code that have occurred since it was first released. Steve Ross, our County Attorney will expand on the sand and gravel part of the code as it is now, and then Neil Popowitz, who has been involved in the drafting of first our plan, the Sustainable Growth Management Plan, and our code from the beginning, is going to make a few remarks, first of all, what is important about this code, what is different about it, as compared to what we have now, and he's also going to outline the legal basis for the code. Then we are going to have public comment after the introduction and I will allow two minutes per person, but people who are here can cede their time to another person if they so choose. So if somebody comes forward to speak and somebody else has ceded their time to them, please let us know, please name who in the audience is here and who is ceding their time, and we will allow two minutes extra for you to speak for every person who has ceded their time to you. Also, I would like to request that people do not make comments at this meeting about the zoning of their own personal property. I would like the comments to be pertinent to the code that we are talking about tonight. The zoning map that we have is only a draft zoning map and that process will occur in the future. So there will be plenty of time for people to talk about zoning as it relates to their own property. But that is not what is at issue tonight. So I would like to ask people to refrain from making those kinds of comments, but you may make any comments that are relevant to the code that is under our consideration now. And then, finally, we will have Commission discussion and I would just like to request that the Commissioners be considerate of each other. Everyone should have a chance to speak and I will make further comments about that when we get to that point in the meeting. So now I will turn it over to Penny. PENNY ELLIS GREEN (Growth Management Director): Thank you, Madam Chair, Commissioners. I just wanted to start by saying that Steve, Robert, Willie and myself have gone through a lot of the public comments. We have not gone through every single public comment that we received just due to time constraints. So we have in front of you four documents. One is dated December 3, 2013, Adoption draft changes, and that's the adoption draft changes I will be going through today. [Exhibit I] You also have a copy of the changes that we handed out on November 19th for your information. [Exhibit 2] There's also a list of changes to the official maps [Exhibit 3] and a revised use table. [Exhibit 4] Santa Fe County Board of County Commissioners Special Meeting of December 3, 2013 Page4 So I will start by going through the Adoption draft changes, December 3, 2013. CHAIR HOLIAN: Commissioner Chavez. COMMISSIONER CHAVEZ: Thank you, Madam Chair. Penny, so on our desk here we have a document, it's a one-page document.