Friday, May 31, 2013

Coverage of land use matters by local media:

Two stories from the Mountain View Telegraph are relevant to the current discussion of the subdivision ordinance. One, published yesterday, deals with the difficulties involved in establishing who is responsible for untangling difficult road issues.

The other, published on January 3, 2013, gives information about a dispute between the owners of adjoining properties.  It illustrates why having oversight for the subdivision of land and paying close attention to getting relevant information "present and correct" on a final plat is a desirable thing. 

Thursday, May 30, 2013

Information about master plans:

I've been asked, in light of recent agenda items, to post more information about master planned areas which currently exist inside the Town of Edgewood boundaries.  I won't have time until later to compose detailed timelines about the three principal master plans currently in existence, but until then I can offer some general guidelines and links for those who are willing to sift through the documents. [Edited to add that since this information was first posted I have created pages dedicated to information on Campbell Ranch, Hillcrest, and Section 16 master plans and have added links to those pages, a link to the current zoning ordinance which is now available at the ToE website, and have updated obsolete references.]

Road issues form the subtext of the proposed changes to the subdivision ordinance:

Revised to add a link: 
One aspect of land use and development review that seems to show up repeatedly in any examination of old meeting minutes, both for the P&Z Commission and the Edgewood Town Council, is that of determining appropriate road design standards.  Even more difficult is the question of how to enforce those standards during the subdivision process. When reading the front page story in The Independent of May 22 about Edgewood's proposed subdivision changes, it's important to keep these factors in mind.

Is instituting a minor subdivision a step back?

That was one of the contextual observations put out for discussion during the May 15, 2013 public hearing, and it was made by Councilor John Abrams.  Unfortunately, his remarks did not lead to any further discussion of this aspect of the question.  It is true that the town's 1999 Subdivision Ordinance does contain a minor subdivision procedure, and it is appropriate to use the present tense when describing this ordinance because it is still used. By virtue of the annexation agreement between the Town of Edgewood and Campbell Farming Corporation, it is the governing ordinance for subdivision requests within the boundaries of what is generally known as Campbell Ranch.

Wednesday, May 29, 2013

P&Z's next regular meeting and public hearings:

Amended agenda which includes the Cashatt subdivision request which was used at the May 15 public hearing by the Mayor and Council as an illustration of the need to change the subdivision ordinance.  This is advertised as "review and consideration" NOT a public hearing.  
AGENDA
TOWN OF EDGEWOOD
PLANNING & ZONING COMMISSION MEETING
JUNE 4, 2013 AT 6:00 PM
27 E. Frontage Road, Edgewood Community Center 

Summary of P&Z May 28, 2013 regular meeting:

The Commission approved the minutes from the April 16, 2013 meeting before discussing procedural matters with the town's legal counsel, Mr. Bob White, regarding documentation of ownership interest when a real estate contract is presented to the town in lieu of a warranty deed as part of a land use application.

Dealing with minor subdivisions within the context of the current ordinance:

NOTE:  The "current ordinance" referred to in this post refers to Town of Edgewood Ordinance 2005-14 as amended August 2008. The ordinance was modified on June 5, 2013 to add a section which explicitly calls out a minor subdivision procedure. (Added on 10/21/2013)

Is it possible to streamline the process for subdividing land under the current ordinance?  I believe the answer is a qualified yes.  However, even in such cases, the ordinance calls for the presentation of a plat containing information pertinent to the subdivision which is in substantial compliance with those portions of the ordinance which apply to the application.

Tuesday, May 28, 2013

Preliminary Council Agenda June 5, 2013



AGENDA
TOWN OF EDGEWOOD
REGULAR COUNCIL MEETING – JUNE 5, 2013 @ 6:30 P.M.
EDGEWOOD COMMUNITY CENTER - #27 E. FRONTAGE ROAD
PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING MEETING
THANK YOU.
(The Town of Edgewood Council is pleased to have residents of the community take time to attend Council Meetings.  Attendance and participation is encouraged.  Individuals wishing to be heard during Public Hearing proceedings are encouraged to be prepare.  PUBLIC COMMENTS ARE EXPECTED TO BE CONSTRUCTIVE AND DEVOID OF CHARACTER ASSASSINATION.  Written comments are welcomed and should be given to the Clerk-Treasurer prior to the start of the meeting).

Commission Minutes archive has been updated:

I've obtained copies of the Commission Minutes for 2012 and 2013 which I didn't have previously.  Several of the files are draft versions; I have asked the Town Clerk to send files with the approved minutes as they become available. 

Subdivisions and P&Z in 2009:

Town of Edgewood Subdivision Matters heard by P&Z in 2009 
(Sources: Commission Minutes and Commission Agenda Summaries.)

(1)  Requests for subdivisions: 7 (4 approved; one application was initially denied but was re-submitted and later approved. Two were tabled indefinitely at the request of the applicants.)
(2)  Requests for preliminary plat extensions: 2 (Both were denied; the denials were appealed but upheld by the Council.)
(3)  Sketch Plat Reviews conducted: 5   

Before the continuation of the public hearing to amend the subdivision ordinance, it might be helpful to set aside anecdotes and look at the official record of how Edgewood's subdivision ordinance is applied in real situations.  It is important to keep in mind that planning commissions operate between two boundaries which are sometimes unpopular; they cannot impose conditions not called out in the ordinance, but where the ordinance does lay out requirements which apply to a particular application the commission has a duty to follow the ordinance.

I chose to post information for 2009 mostly out of laziness; I had previously finished a summary for that year, and in the years subsequent to 2009 for which I have also compiled data, the economic downturn resulted in relatively few applications being brought to the town.  The links provided should take you to individual files in the Commission Minutes folder on Google Drive.  At some point in the future, I may back up and do summaries for earlier years; in the meantime, a partial Commission Minutes archive is available to those who'd like to review a history of what P&Z has done from 1999-May 2012.  I hope to have the minutes from June 2012-May 2013 available soon. 

From the archives of Commission minutes; a discussion of minor subdivisions and administrative approvals:

One item of discussion during public testimony portion of the May 15 public hearing concerned a pre-application sketch plat review (agenda item 6)  conducted on February 7, 2011.  Among the things discussed during that review was the role which might be played by the addition of a minor subdivision process to the ordinance in a way that subdivision requests might combine the preliminary and final plats into a single hearing.  The Commission agreed that it could be a good thing so long as the two steps would remain separate in those instances when the ordinance calls for the installation of infrastructure.

Item 7 in this same agenda contains an interesting discussion about the possibility of changing the ordinance to allow administrative approval of lot line vacations.  This agenda shows that the concept of creating a minor subdivision process is nothing new, and neither is the concept of increasing the use of administrative approvals.  Of course, as is often the case, the difficulty lies in getting the details right. 

Monday, May 27, 2013

New page added:

I've added a page with links to information about Santa Fe County's Sustainable Land Development Code (SLDC).  Chapter Four is particularly interesting.  Table 4-1: Overview of Procedural Requirements by Application Type on p. 27 provides an excellent summary of the material covered in that chapter.

I posted this information not only because it is of general interest, but also because the administrative approval process outlined in that document bears some resemblance to Edgewood Mayor Brad Hill's proposed changes to the town's subdivision ordinance.  My impression of the public comment given during last fall's meetings in southern Santa Fe County is that concerns voiced by speakers focused primarily on the zone categories and land uses while the proposed changes for procedural matters have been largely ignored.

Sunday, May 26, 2013

A description of the pre-application process as defined in the current (2005-14) subdivision ordinance:

[Edited on 01/30/2015 to repair an outdated link, specify the "current" ordinance in the post title, and correct the date in the footnote regarding the 2008 amended version.]

I wish to acknowledge the contributions made by former Town of Edgewood employee Karen Mahalick; A.I.C.P, and former Commission Chairman John Bassett to the following description of the pre-application process. For the past several years, they have challenged my thinking, corrected my understanding of the ordinance in more than one area, and offered additional insights into the procedural and legal context of development review. However, any errors of fact or unsound interpretations are my own.

Measure twice; cut once.

At last week's council meeting and public hearing, former P&Z Chair John Bassett spoke about the importance of making a good start with subdivision applications.  He mentioned the fact that many people are unaware of the benefits offered by a thorough pre-application process and encouraged its continued use. It streamlines the subdivision process by identifying and taking care of potential difficulties prior to the public hearing. There are no fees to be paid and no public hearings to be advertised before a pre-application conference in the office or a sketch plat review with P&Z.

Friday, May 24, 2013

Another P&Z agenda has been published with the meeting's new date:


This meeting was cancelled for lack of a quorum. It has been rescheduled for
May 28, 2013


AGENDA
TOWN OF EDGEWOOD
PLANNING & ZONING COMMISSION MEETING
May 21, 2013 AT 6:00 PM
27 E. Frontage Road, Edgewood Community Center

Thursday, May 23, 2013

P&Z meeting rescheduled:

The meeting cancelled earlier this week has been rescheduled for Tuesday May 28, 2013.  Regular Commission meetings are usually held in the Edgewood Community Center and begin at 6:00 PM. 

Wednesday, May 22, 2013

Council and Commission minutes archives:

The Council Minutes folders are now reasonably complete for 1999-2013; however, it is possible that some of the minutes from the town's earlier years may not be included. There are some meeting minutes which were sent to me in combined files which I have not yet taken the time to separate.  The file names with multiple dates reflect this.  Also, I have submitted an IPRA request for the rest of the Commission minutes, and will make those available as soon as I receive them.

Tuesday, May 21, 2013

Subdivision process flowchart now available on Google Drive:

I've uploaded a copy of the flowchart which is a graphic representation of the process outlined in the town's  subdivision ordinance.  (Town of Edgewood Ordinance 2005-14 as amended August 6, 2008.) The file is located in the sub-folder called "Subdivision Matters."  I have added a link to that sub-folder in the links list in the right sidebar.

Edited on 11/19/2014 to add notification that the process described in this flowchart has been superseded by the language in a new ordinance. The new ordinance contains an explicit (rather than the previous implicit) minor subdivision process.  Also, the subdivision improvements agreement requirements have been moved in the new ordinance so that this step is completed AFTER the approval and recording of the final plat.  NB: This new ordinance may be further revised after the Dec. 3, 2014 public hearing called for that purpose. 

Tonight's P&Z meeting has been cancelled:

Reason:  Lack of a quorum.  I'm on the email distribution list for agendas and will post when the next meeting is announced. 

Saturday, May 18, 2013

Today's budget preparation meeting:

I was not able to attend, but will request and post draft minutes as soon as they're available.  Anyone who did attend and is willing to give an update directly by leaving a comment which includes your name is welcome to do so.  I am willing to publish anonymous comments on the meeting so long as they are sent to me via email and are expressed in the form of statements about the policy matters as discussed at the meeting.  

It is never possible to banish subjective elements entirely; even the decision of what to include and what to exclude from this blog is a subjective exercise.  However, budget discussions tend to be informal, and so in order to preserve an atmosphere where budget matters can be discussed frankly by the mayor and council, I prefer to save editorializing for other times and other kinds of meetings.   

Friday, May 17, 2013

Tomorrow's special council meeting for budget preparation:

Note discussion of municipal bonds in item #3 (after the page break). I was not able to attend the meeting, but will request and post draft minutes as soon as they become available. 

AGENDA
TOWN OF EDGEWOOD
SPECIAL COUNCIL MEETING – MAY 18, 2013 @ 9:30 A.M.
EDGEWOOD COMMUNITY CENTER - #27 E. FRONTAGE ROAD

P&Z AGENDA for May 21, 2013:

Note: See a link to the draft minutes in item # 3.  That is the only document which is part of the commission packet at this time. The link to the minutes has been corrected.
AGENDA
TOWN OF EDGEWOOD
PLANNING & ZONING COMMISSION MEETING
May 21, 2013 AT 6:00 PM
27 E. Frontage road, Edgewood Community Center
  
The Town of Edgewood Planning & Zoning Commission is pleased to have residents of the community take time to attend Commission Meetings.  Attendance and participation is encouraged. Individuals wishing to be heard during Public Hearing proceedings are encouraged to be prepared PUBLIC COMMENTS ARE EXPECTED TO BE CONSTRUCTIVE AND DEVOID OF CHARACTER ASSASSINATION. Written comments are welcome and should be given to the Town administrator prior to the start of the meeting.

Thursday, May 16, 2013

Results of last night's public hearing to amend the subdivision ordinance:

The council split its vote with the mayor breaking the tie in favor of continuing the public hearing during the June 5, 2013 council meeting.  Councilors Ring and Abrams voted no. The Mayor and Councilors Simmons and Abraham voted aye. Several people spoke against the proposal; one person spoke in its favor. The main point of contention regarding the language of the proposal itself appears to be whether to allow administrative approvals of small subdivisions, or to continue the practice of having the planning commission consider applications during a public hearing.   

What was not clear to me is whether or not a revised document will be presented for consideration or if the original proposal will be brought forward again. Those who wish to contact the mayor and council about the issue via email can do so via the ToE Contact Information page which has links to the Town's contacts web page.  FYI: I refrain from publishing email addresses directly on the blog in order to reduce the ability of spammers to troll for email addresses.  

Wednesday, May 15, 2013

Google Drive introductory document has been updated:

I've updated information in the document named AAA-Read This First 

Final council agenda for the May 15, 2013 council meeting and public hearing:


AGENDA
TOWN OF EDGEWOOD
REGULAR COUNCIL MEETING – MAY 15, 2013 @ 6:30 P.M.
EDGEWOOD COMMUNITY CENTER - #27 E. FRONTAGE ROAD
PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING MEETING
THANK YOU.
(The Town of Edgewood Council is pleased to have residents of the community take time to attend Council Meetings.  Attendance and participation is encouraged.  Individuals wishing to be heard during Public Hearing proceedings are encouraged to be prepare.  PUBLIC COMMENTS ARE EXPECTED TO BE CONSTRUCTIVE AND DEVOID OF CHARACTER ASSASSINATION.  Written comments are welcomed and should be given to the Clerk-Treasurer prior to the start of the meeting).

Two pages added:

The State Government page contains links to the state legislature and governor's office as well as some tips on how to be an effective citizen lobbyist which have been given to me over the years by legislators and professional lobbyists.  

The New Mexico Sunshine Laws page contains links to the non-profit New Mexico Foundation for Open Government (NM-FOG), as well as information available on open government from the New Mexico Attorney General's website. 

Commission Minutes for 2010:

I have delayed uploading Commission minutes for 2010 because I don't have the complete set of approved versions.  I've uploaded five draft versions of minutes for various dates, and readers should beware that the final version approved by the Commission might be different in some respects; the file names reflect that fact. If I am able to locate the approved minutes I will post the substitutes.

List of draft minutes:
June 7, 2010
August 2, 2010
October 12, 2010 (site visit)
October 18, 2010
December 6, 2010

Tuesday, May 14, 2013

Council Minutes for 1999, 2008-2011:

I've added some missing files and standardized file names for 2008 and also for 2009, 2010, and 2011. I also found another set of minutes for 1999

Second link list added:

I've added another link list in the right sidebar of this blog called "Links to ToE on Drive" containing links to the ToE master folder and the most frequently used sub-folders.  I'll be happy to add the remaining sub-folders--just ask. 

Council Minutes for 2003-2007:

I've uploaded council minutes for 2003 regular and special meetings as well as those for 2004 and 2005. Minutes for 2006  and 2007 are now also complete.

Monday, May 13, 2013

Link to the master folder:

I've posted a link on this page to a master folder on Google Drive.  The master folder contains a selection of Town of Edgewood public documents.

Council packet for the May 15 meeting and public hearing:

I've uploaded the four files provided today by the town office which can be found here.

Council Minutes for 2002:

I've uploaded council minutes for 2002 regular and special meetings. 

Sunday, May 12, 2013

Saturday, May 11, 2013

Council Minutes for 2000:

I've uploaded the council minutes of regular and special meetings for 2000.  Minutes for 2001-2007 will be  added soon.  The minutes for 2012 and 2013 are incomplete; I am working to obtain the minutes which have not been posted at the town website. 

Thursday, May 9, 2013

Council Preliminary Agenda:

I have requested the council packet information and will provide a link as soon as I receive the information from the Town Clerk.

AGENDA
TOWN OF EDGEWOOD
REGULAR COUNCIL MEETING – MAY 15, 2013 @ 6:30 P.M.
EDGEWOOD COMMUNITY CENTER - #27 E. FRONTAGE ROAD

Wednesday, May 8, 2013

Background information on the May 15 public hearing:

The Town of Edgewood has scheduled a public hearing for the purpose of amending the subdivision ordinance in order to create an expedited procedure for "minor subdivisions."  I am providing a link to the text of the proposed changes found on the last page of a file which contains council packet information from the 04/03/13 meeting.  

Former P&Z Chair, John Bassett, has graciously agreed to share this analysis of how New Mexico statutes which govern subdivisions within municipalities apply to the proposed changes.  I suggest that readers look first at Ch. 3, Articles 19 and 20 for an overall view.  Mr. Bassett's analysis focuses more narrowly on Chapter 03-Article 20-Sections 7-8.

Why does this matter?  Part of the answer may be found in Chapter 03-Article 19-Section 12.  Every time the town approves a plat, that plat sets a precedent and becomes a part of the town's land use plan.  This is an instance where it is important to remember that in this context "master plan" is synonymous with the town's comprehensive land use plan.   

New Town Website:

The new website is now available, but the directory containing town documents, forms and archives is still under construction.  Councilor John Abrams has offered to relay suggestions to the webmaster.