Hearing officer takes Tres Rios Ranch rezoning under advisement after hours of testimony

A Santa Fe County hearing officer on July 1 took under advisement an application to rezone the property known as Tres Rios Ranch to the Traditional Community zoning district, a change applicants say will make transfer-of-development-rights (TDR) preservation feasible.

Hearing officer Joe Haupp opened the Sustainable Land Development Code hearing and heard staff presentation, testimony from the applicant’s agent and more than a dozen members of the public before saying he would file a written recommendation to the Planning Commission within 15 business days.

Senior community planner Nate Veil told the hearing the application meets the SLDC criteria and is consistent with the La Cienega community plan, citing SLDC chapter 1 §1.15 and chapter 9.8. Veil said staff recommends approval but acknowledged a legal limit: “there is not a 100% guaranteed way to prevent this possibility legally speaking,” referring to the theoretical risk that a future developer could pursue residential subdivision under permitted density rules.

The applicant’s representative, Alonso Gallegos, described the property’s history, irrigation and documented archaeological features and said rezoning the two parcels would increase the number of TDRs tied to the site, making a preservation approach financially viable. Gallegos said the owner would pursue plat reservations and a TDR certificate process and that his “intent is to keep the traditional uses. I’m a farmer rancher.”

Supporters said rezoning would protect cultural resources, wildlife corridors and agricultural uses while creating opportunities for community food programs. Julian C. Gonzales Jr., who said he represents local conservation and food-security groups, told the hearing the ranch could serve “as a sustainable agricultural demonstration site” to educate growers and bolster local food security.

Neighbors and several longtime local planners urged caution, asking for binding protections and warning that creating a large supply of TDRs could flood the market and reduce their value. Robert R. Romero, who said his family’s private access road crosses land tied to the project, questioned how notice decisions were made and stressed community engagement. Antonio Romero told the hearing he supports preservation “but I do have concerns when it comes to the zoning being proposed and the potential for the development,” adding the current approach felt like a “handshake deal” without legal guarantees.

Herbert Foster, the county planning team leader managing the TDR program, said the property owner’s agent has applied and is eligible but a qualification report has not been signed; he outlined required next steps including a plat, a recorded agreement and additional public hearings before TDR certificates could issue. Foster explained that TDR agreements can permanently reserve portions of a sending parcel and that permitted uses on preserved land must support the preservation category (for Tres Rios the staff cited irrigated agriculture, historic preservation, viewshed and riparian habitat as possible designations).

Hearing officer Haupp did not take a vote at the meeting. He said he would take the matter under advisement and issue a written recommendation and findings to the Planning Commission within 15 business days, after which the Planning Commission will consider the application.

The hearing record for Case 26-5150 includes the applicant’s materials, staff report and a July 1 public comment letter submitted as Exhibit F.