Tarleton Ranch Eco-Village PUD Hearing Moves to County Commission

By KAY MATTHEWS

In a two- to-two net zero vote the Taos County Planning Commission (one member of the five-member commission was recused) is sending the Tarleton Ranch Eco-Village (TREV) Planned Unit Development (PUD) to the County Commission for a de novo hearing. Commissioners John Delmargo and Rick Edelman voted against the PUD while Commissioners Luis Gallegos and John Tingue voted in favor (with reservations).

The last segment of the Commission’s hearing was held on March 21 where public comment was again allowed before the back and forth questions and answers from the commissioners and the developers: Mark Yvaritz, John Halley, attorney Karl Sommers, and ranch owner Glen Michael Tarleton.

The planning staff tried to limit the public comment to those who hadn’t previously spoken at the hearing, which was covered in La Jicarita, but many of the same issues were raised: 

• Does the PUD adhere to Upper Las Colonias Neighborhood Association zoning code with commercial and density allowances;
• The PUD is asking for too many variances to that code;
• Will the 200 afy of water provided by El Prado Water and Sanitation District be enough to supply all the phases of the development;
• Does the term “workforce” actually refer to “lower income people;”
• Who will be responsible throughout all the planned phases of development for ensuring enforcement of regulations (we’ll all by dead by the end of phase four);
• How will the inside perimeter traffic and ingress and egress be managed;
• Challenging the name “Eco-Village” as green washing;
• Negative impacts on the Town of Taos that would be better served by development of business and low-income housing within the town limits;
• Concerns about the efficacy of the wastewater treatment plant;
• Arroyo Seco resident Rivala Garcia asked why the Commission didn’t hold a public hearing at a time when working people could attend.

The conversation between the commission and the developers indicated what the final vote might be. Commissioners Dimargo and Edelman asked all the questions and engaged in several disagreements over the developers’ answers. Developer Mark Yvaritz addressed the Commission by claiming that all of the nine criteria required in the PUD as a planning tool for the subdivision regulations have been met:

1. Clustering for open space;
2. Variety of mixed housing;
3. Compatible uses of industrial, recreational, agricultural, residential;
4. Flexibility of location that includes 50 percent as agricultural;
5. Preservation of natural geography;
6. Integrated transportation;
7. Shared infrastructure, i.e., utilities;
8. Land use regulations.

He stressed that this development is a much better alternative to “piece meal” development and ended by saying, “This is not a city and you all know it.”

Master Planner John Halley told the Commission they are developing less than 50 percent of what zoning allows. “We dialed this way back” with a 185-acre open park and cluster development in consultation with local residents. The phased development allows them to see how things progress so they can make adjustments. Development won’t move beyond Phase One until the utilities are in place. He also defended the term “Eco Village” by highlighting the water treatment system, green building, residential/commercial clustering, traditional architectural building, and that they are taking on the burden of regulation, e.g., a dark sky ordinance. He claimed residents will be able to walk anywhere within the village within 20 minutes, which is similar to a movement called “15-minute-city” being promoted as a new urban concept.

Karl Sommers took on the questions about whether a fueling station is allowed under the zoning code by claiming that the variances in the code can accommodate the PUD. The commissioners read from the Upper Las Colonias Neighborhood Association zoning code that says you can’t have a fueling station. Taos County Chief Planner Rudy Perea said that is different from the subdivision regulations (2003 Land Use Plan). The argument then devolved into whether a fueling station would have to have a discharge permit. Yravits responded, “You can say you approve TREV but don’t approve a gas station.” Or we can just consider that it’s a charging station for electric cars, not a gas station.

 During this discussion it seemed as if the commissioners and developers were just as unclear as the public as to how the PUD and the Las Colonias Neighborhood Association zoning code interface and if the correct Land Use Regulation map was being used in the PUD overlay. I called County Planner Perea for clarification but he didn’t return my call.

 The developers defended the use of the wastewater treatment system as state of the art and dismissed the idea of sending the waste to the city sewage plant during a discussion about potential odor issues, which have been raised over the Quail Ridge treatment facility. They also discussed the effluent from the wastewater treatment plant and its potential use with crops. Halley described two levels of use on crops: landscape plants and crops like fruit trees will be able to use the treated effluent from the plant but any edible crops like lettuce would require reverse osmosis treatment, which is expensive but could be considered in Phase Two. At the end of this discussion Tarleton stated, “We’re taking the water for TREV from the El Prado Rio Grande wells,” which contradicts what John Painter of El Prado Water and Sanitation District stated earlier in the hearing that “contrary to rumors” the two Midway wells out near the airport “have nothing to do the Tarleton development but are part of the Abeyta Adjudication Settlement” to protect the Taos Pueblo Buffalo Pasture. “One or two more wells will be drilled under the Settlement that will only serve our customers and future growth.” 

Commissioner Edelman again brought up concerns about the proposed Tarleton Ranch Road access to the development from SH 150. The developers stated that during Phase One a lefthand turn lane would be constructed and if needed by Phase Two, a traffic light or round-about would be implemented.

County Planner Perea made a statement near the end of the meeting that all necessary reviews were conducted by local and state agencies prior to this public hearing and include:

1. Traffic: a licensed engineer drafted the traffic study that was reviewed by the Department of Transportation (DOT);
2. High density: a staff review of the Land Use Regulations believe TREV meets best practices;
3. Usable open space;
4. El Prado Water and Sanitation water supply;
5. Wastewater treatment plant;
6. Acequias: a civil engineer review of the drainage plan ensures it will not degrade the acequia system. Any place where the drainage crosses an acequia the affected acequia will be consulted.

The PUD now goes to the County Commission for a de novo hearing because of the tie vote in the Planning Commission and then to a hearing on the Preliminary Subdivision Application, which sets standards for engineering, water supply, traffic, and wastewater requirements.