Skip to code content (skip section selection)
Compare to:
Albuquerque Overview
Albuquerque Code of Ordinances
Charter of the City of Albuquerque
Administrative Instructions
Albuquerque Table of Resolutions
Albuquerque Code of Resolutions
Integrated Development Code
Personnel Rules and Regulations
6-7   POLICY DECISIONS
   6-7(A)   ADOPTION OR AMENDMENT OF COMPREHENSIVE PLAN
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-7(A).
 
   6-7(A)(1)   Applicability
   This Subsection 14-16-6-7(A) applies to all applications to have the City adopt or amend the Albuquerque/Bernalillo County Comprehensive Plan.
   6-7(A)(2)   Procedure
   6-7(A)(2)(a)   The City Planning Department staff shall review the application, including any specific regulations applicable to a proposed adoption or amendment of the Comprehensive Plan, and forward a recommendation to the EPC.
   6-7(A)(2)(b)   The EPC shall conduct a public hearing on the application and shall make a recommendation to the City Council.
   6-7(A)(2)(c)   The City Council shall conduct a public hearing and shall make a decision on the application.
   6-7(A)(3)   Review and Decision Criteria
   An application for Adoption or Amendment of the Comprehensive Plan shall be approved if it meets all of the following criteria:
   6-7(A)(3)(a)   Because of changed economic, social, environmental or other conditions, the adoption or amendment is necessary to protect the public health, safety, or welfare.
   6-7(A)(3)(b)   The adoption or amendment will protect the public health, safety, or welfare better than retention of the continued application of the existing Comprehensive Plan.
   6-7(A)(3)(c)   The adoption or amendment will result in general benefits to a large portion of the residents or property owners in the city.
   6-7(A)(3)(d)   If the adoption or amendment is being proposed by a small group of residents or property owners, it would not create significant adverse impacts on the remaining residents or property owners in the city.
   6-7(B)   ADOPTION OR AMENDMENT OF FACILITY PLAN
   Facility Plans may specify amendment procedures different from the provisions in this IDO. Where a Facility Plan is silent or requires review by the EPC and final decision by City Council, the provisions of this Subsection 14-16-6-7(B) apply. In such cases, all applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-7(B).
 
   6-7(B)(1)   Applicability
   This Subsection 14-16-6-7(B) applies to any application for adoption or amendment of a Facility Plan.
   6-7(B)(2)   Procedure
   6-7(B)(2)(a)   The City Planning Department staff shall review the application and forward a recommendation to the EPC.
   6-7(B)(2)(b)   The EPC shall conduct a public hearing on the application and shall make a recommendation to the City Council on the application.
   6-7(B)(2)(c)   The City Council shall conduct a public hearing and shall make a decision on the application.
   6-7(B)(3)   Review and Decision Criteria
   An application for Adoption or Amendment of a Facility Plan shall be approved if it meets all of the following criteria:
   6-7(B)(3)(a)   The proposed plan or amendment is consistent with the spirit and intent of the ABC Comp Plan, as amended, and with other policies and plans adopted by the City Council.
   6-7(B)(3)(b)   The proposed plan or amendment promotes the efficient use or administration of public or quasi-public facilities.
   6-7(B)(3)(c)   The plan or amendment will promote public health, safety, and general welfare.
   6-7(C)   ADOPTION OR AMENDMENT OF HISTORIC DESIGNATION
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-7(C).
 
   6-7(C)(1)   Applicability
   This Subsection 14-16-6-7(C) applies to all applications to do the following.
   6-7(C)(1)(a)   Designate an area of the City as an HPO zone.
   6-7(C)(1)(b)   Amend the boundaries of an existing HPO zone, including removing or adding property.
   6-7(C)(1)(c)   Terminate an HPO zone.
   6-7(C)(1)(d)   Designate a landmark site or structure.
   6-7(C)(1)(e)   Remove a site or an area from the City’s list of designated landmarks sites.
   6-7(C)(1)(f)   Amend the text of an HPO zone or any standard in this IDO that specifically applies to an HPO zone. 304
   6-7(C)(2)   Procedure
   6-7(C)(2)(a)   The Historic Preservation Planner shall forward a recommendation to the LC.
   6-7(C)(2)(b)   The LC shall conduct a public hearing and shall make a recommendation to City Council.
   6-7(C)(2)(c)   The City Council shall conduct a public hearing and shall make a decision on the application.
   6-7(C)(2)(d)   The LC shall adopt specific design standards and guidelines for the HPO zone or City landmark within 60 calendar days following City Council adoption pursuant to Subsection 14-16-6-6(E) (Historic Design Standards and Guidelines). Any amendments to such standards and guidelines shall be reviewed pursuant to the same procedure.
   6-7(C)(3)   Review and Decision Criteria
   6-7(C)(3)(a)   Adoption or Amendment of an HPO Zone
   An application for adoption or amendment of an HPO zone boundary shall be approved if the area contains a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or united aesthetically by plan or physical development. An HPO zone may also comprise individual elements separated geographically but linked by association or history, provided that any of the following criteria is met:
      1.   Embodies the distinctive characteristics of a type, period, or method of construction.
      2.   Portrays the environment of a group of people in an era of history characterized by a distinctive architectural type.
      3.   Has yielded, or is likely to yield, information important in history or prehistory.
      4.   Possesses high artistic values.
      5.   Has a relationship to designated landmarks or HPO zone that makes the area's preservation critical.
   6-7(C)(3)(b)   Termination of an HPO Zone
   An application to terminate an HPO zone shall be approved if the criteria used in the designation of that HPO zone are no longer met due to changing conditions in the HPO zone.
   6-7(C)(3)(c)   Designation of a Landmark Site or Structure
   An application for designation of a landmark site or structure shall be approved if it is of particular historical, architectural, cultural, or archaeological significance and meets any of the following criteria:
      1.   It is the site of a significant historic event.
      2.   It is identified with a person who significantly contributed to the history of the city, State, or nation.
      3.   It portrays the environment of a group of people in an era of history characterized by a distinctive architectural style.
      4.   It embodies the distinctive characteristics of a type, period, or method of construction.
      5.   It possesses high architectural value.
      6.   It represents the work of an architect, designer, or master builder whose individual work has influenced the development of the city.
      7.   It embodies elements of architectural design, detail, materials, or craftsmanship which represent a significant architectural innovation.
      8.   Its preservation is critical because of its relationship to already-designated landmarks or other real property which is simultaneously proposed as a landmark.
      9.   It has yielded or is very likely to yield information important in history or prehistory.
      10.   It is included in the National Register of Historic Places or the New Mexico Cultural Properties Register.
   6-7(C)(3)(d)   Termination of Landmark Status
   An application to terminate the landmark designation of a site or structure shall be approved if that site or structure no longer meets the criteria used in the designation.
   6-7(D)   AMENDMENT TO IDO TEXT – CITYWIDE
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-7(D).
 
   6-7(D)(1)   Applicability
   This Subsection 14-16-6-7(D) applies to all applications to amend the text of this IDO, except for the following:
   6-7(D)(1)(a)   Applications to create or amend an HPO zone boundary, the text of an HPO zone, or any standard in this IDO that specifically applies to an HPO zone, which are processed pursuant to Subsection 14-16-6-7(C) (Adoption or Amendment of Historic Designation). 305
   6-7(D)(1)(b)   Applications to create or amend any other Overlay zone established in Part 14-16-3, which are processed pursuant to Subsection 14-16-6-7(E) (Amendment to IDO Text – Small Area).
   6-7(D)(1)(c)   Applications to create or amend any small area established in Section 14-16-4-3 (Use-specific Standards), Part 14-16-5 (Development Standards), or Part 14-16-6 (Administration and Enforcement), which are processed pursuant to Subsection 14-16-6-7(E) (Amendment to IDO Text – Small Area).
   6-7(D)(2)   Procedure
   6-7(D)(2)(a)   The City Planning Department staff shall review the application, and forward a recommendation to the EPC.
   6-7(D)(2)(b)   If the proposed amendment includes any change to the process of designating HPO zones or landmark structures or sites (as opposed to an amendment to the boundaries or standards applicable in a specific HPO zone), the Historic Preservation Planner shall review and submit staff comments to the EPC.
   6-7(D)(2)(c)   The EPC shall conduct a public hearing on the application and shall make a recommendation to the City Council.
   6-7(D)(2)(d)   The City Council shall conduct a public hearing and shall make a decision on the application.
   6-7(D)(3)   Review and Decision Criteria
   An application for an Amendment to IDO Text – Citywide may be approved if it meets all of the following criteria:
   6-7(D)(3)(a)   The proposed amendment is consistent with the spirit and intent of the ABC Comp Plan, as amended (including the distinction between Areas of Consistency and Areas of Change), and with other policies and plans adopted by the City Council.
   6-7(D)(3)(b)   The proposed amendment does not apply to only one lot or development project.
   6-7(D)(3)(c)   The proposed amendment promotes public health, safety, and welfare.
   6-7(E)   AMENDMENT TO IDO TEXT – SMALL AREA
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-7(F).
 
   6-7(E)(1)   Applicability
   This Subsection 14-16-6-7(F) applies to all applications to amend the text of this IDO to adopt or amend the boundaries of a small area, including any Overlay zone established in Part 14-16-3 or any small area established in Section 14-16-4-3 (Use-specific Standards), Part 14-16-5 (Development Standards), or Part 14-16-6 (Administration and Enforcement), and/or to adopt or amend specific regulations that will apply in a small area, except for any of the following:
   6-7(E)(1)(a)   Applications to create or amend a Historic Protection Overlay zone boundary, the text of an HPO zone, or any standard in this IDO that specifically applies to an HPO zone, which are processed pursuant to Subsection 14-16-6-7(C). 306
   6-7(E)(1)(b)   Applications to create or amend Historic Design Standards and Guidelines, which are processed pursuant to Subsection 14-16-6-6(E).
   6-7(E)(1)(c)   Applications to change the zone district of any properties in a small area, which are processed pursuant to Subsection 14-16-6-7(G) (Zoning Map Amendment – EPC) or Subsection 14-16-6-7(H) (Zoning Map Amendment – Council), as applicable.
   6-7(E)(2)   Procedure
   6-7(E)(2)(a)   The City Planning Department staff shall review the application, including any specific regulations applicable to a proposed Overlay zone or small area, and forward a recommendation to the EPC.
   6-7(E)(2)(b)   If the proposed amendment includes any change to any IDO regulation that applies within an HPO zone boundary (as opposed to an amendment to the boundaries or Historic Design Standards and Guidelines applicable in a specific HPO zone, which would be processed pursuant to Subsection 14-16-6-6(E)), the Historic Preservation Planner shall review and submit staff comments to the EPC.
   6-7(E)(2)(c)   The EPC shall conduct a public hearing on the application and shall make a recommendation to the City Council.
   6-7(E)(2)(d)   The City Council shall conduct a public hearing and shall make a decision on the application.
   6-7(E)(2)(e)   The Official Zoning Map shall be updated to reflect any adopted or amended boundaries of a small area.
   6-7(E)(3)   Review and Decision Criteria
   An application for an Amendment to IDO Text – Small Area shall be approved if it meets all of the following criteria:
   6-7(E)(3)(a)   The proposed small area amendment is consistent with the health, safety, and general welfare of the city as shown by furthering (and not being in conflict with) a preponderance of applicable Goals and Policies in the ABC Comp Plan, as amended, and other applicable plans adopted by the City.
   6-7(E)(3)(b)   If the proposed small area amendment is located partially or completely in an Area of Consistency (as shown in the ABC Comp Plan, as amended), the applicant has demonstrated that the proposed amendment would clearly reinforce or strengthen the established character of the surrounding Area of Consistency and would not allow development that is significantly different from that character. The applicant must also demonstrate that the existing zoning regulations are inappropriate because they meet any of the following criteria:
      1.   There has been a significant change in neighborhood or community conditions affecting the small area.
      2.   The proposed zoning regulations are more advantageous to the community as articulated by the ABC Comp Plan, as amended (including implementation of patterns of land use, development density and intensity, and connectivity), and other applicable adopted City plan(s).
   6-7(E)(3)(c)   If the proposed small area amendment is located wholly in an Area of Change (as shown in the ABC Comp Plan, as amended) and the applicant has demonstrated that the existing zoning regulations are inappropriate because they meet at least one of the following criteria:
      1.   There has been a significant change in neighborhood or community conditions affecting the small area that justifies this request.
      2.   The proposed zoning regulations are more advantageous to the community as articulated by the ABC Comp Plan, as amended (including implementation of patterns of land use, development density and intensity, and connectivity), and other applicable adopted City plan(s).
   6-7(E)(3)(d)   If the proposed amendment changes allowable uses, the proposed amendment does not allow permissive uses that would be harmful to adjacent property, the neighborhood, or the community, unless the Use-specific Standards in Section 16-16-4-3 associated with that use will adequately mitigate those harmful impacts.
   6-7(E)(3)(e)   The applicant’s justification is not based completely or predominantly on the cost of land or economic considerations.
   6-7(F)   ANNEXATION OF LAND
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-7(F).
 
   6-7(F)(1)   Applicability
   This Subsection 14-16-6-7(F) applies to all petitions to annex land into the municipal limits of the City that have received approval from Bernalillo County.
   6-7(F)(2)   Procedure
   6-7(F)(2)(a)   Review and Decision
      1.   The City Planning Department staff shall review the application, including any specific regulations applicable to a proposed annexation, and forward a recommendation to the EPC.
      2.   The EPC shall conduct a public hearing on the application and shall make a recommendation to the City Council.
      3.   The City Council Section 14-16-6-4 (General Procedures) shall conduct a public hearing and shall make a decision on the application.
   6-7(F)(2)(b)   Withdrawal of Petition
   1.   Persons who petition the City for annexation may withdraw their names and their land from petitioner status at any time before the full City Council votes on the annexation and simultaneous establishment of zoning, but they may not withdraw after that time.
   2.   Withdrawal of persons or land from annexation petitions does not prevent any person from again petitioning the City for annexation at any time and also does not prevent the City from seeking to annex such land by any legal method in subsequent proceedings.
   6-7(F)(3)   Review and Decision Criteria
   The City Council shall consider the following criteria and may approve an application to annex land into the City at its legislative discretion.
   6-7(F)(3)(a)   Annexation of areas designated in the ABC Comp Plan, as amended, as Established Urban and/or Developing Urban will be approved when the following criteria are met:
      1.   Compliance with City policy regarding land dedication for public facilities is assured.
      2.   The applicant agrees in writing to at least one of the following criteria for timing of capital expenditures for necessary major streets, water, sanitary sewer, and stormwater-handling facilities:
         a.   The timing to be per a written City statement of intent as to when it or another public body will be able to provide such capital facilities, such City statement to be issued prior to annexation.
         b.   The timing to remain indefinite but a substantial number of years in the future, based on a written City statement, made prior to annexation, that it will provide the facilities but no timing can be assured.
         c.   A commitment by the property owner that he/she or his/her successors in interest will, in a manner that satisfies City standards, install and pay for such facilities or cause them to be installed and paid.
      3.   The anticipated delay in provision of City services is not so far into the future as to be speculative and therefore an unreasonable basis to provide for annexation.
      4.   The land annexed shall be to some extent contiguous to the City limits, except land owned by the City may be annexed when it is not contiguous where this is allowed by State statutes.
      5.   The land to be annexed shall have provision for convenient street access to the City.
      6.   The land to be annexed shall have reasonable boundaries so that providers of public services can easily determine where the City boundary is located and so that public services can be delivered under appropriate service extension policies at reasonable operating and capital cost to the City.
      7.   City boundaries shall be established along platted lines that clearly define the City limits; annexation plats need not meet all requirements of a subdivision plat as specified in the DPM.
   6-7(F)(3)(b)   Areas that are designated in the ABC Comp Plan, as amended, as Reserve Development Areas are appropriate for annexation if they create high-quality, mixed-use, largely self-sufficient planned communities. Annexation of such areas will be approved when the following criteria are met:
      1.   The criteria in Subsection (a) above.
      2.   Applications are accompanied or preceded by satisfactory plans for each proposed community.
   6-7(F)(3)(c)   Areas that are designated in the ABC Comp Plan, as amended, as Semi-Urban and as Rural Development Areas are appropriate for annexation where the Semi-urban and Rural Development Area policies in the ABC Comp Plan are furthered or where the general public welfare clearly is better served by annexation. Zoning appropriate for low-intensity uses shall be assigned. Annexation of such areas will be approved when the following criteria are met:
      1.   The criteria in Subsection (a) above.
      2.   Since the eventual annexation of all these areas is unlikely, special care shall be taken to maintain reasonable, compact boundaries in these areas. To this end, the City will not annex such land unless it meets one of the following criteria:
         a.   Has at least 10 percent of its boundary contiguous to the City boundary.
         b.   Does not create an arm of the City's incorporated area that is at any point less than 1,000 feet wide.
      3.   Barring exceptional conditions, the City will not annex land on one side of a public street without also annexing the land on the other side of the street.
      4.   The City will not annex land unless appropriate City zone districts are available for regulation of development consistent with planned and appropriate land development patterns.
   6-7(F)(3)(d)   The City may annex land even though some or all of the above policies are not met where the EPC and City Council find that at least one of the following applies:
      1.   There is a particular hazard to the health of persons that would be removed or materially alleviated by the City upon annexation, and that no other adequate and timely remedy for the removal or material alleviation of such hazard is available.
      2.   City-owned land used for a public purpose is being annexed to better facilitate that use.
   6-7(G)   ZONING MAP AMENDMENT – EPC
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-7(G).
 
   6-7(G)(1)   Applicability 4
   6-7(G)(1)(a)   This Subsection 14-16-6-7(G) applies to any application that would:
      1.   Amend the Official Zoning Map to change land to the NR-PO-B zone district, regardless of the number of gross acres or designation of Area of Change or Area of Consistency (as shown in the ABC Comp Plan, as amended).
      2.   Amend the Official Zoning Map to change less than 10 gross acres of land located partially or completely in an Area of Consistency (as shown in the ABC Comp Plan, as amended) to a zone district other than NR-PO-B.
      3.   Amend the Official Zoning Map to change less than 20 gross acres of land located entirely in an Area of Change (as shown in the ABC Comp Plan, as amended) to a zone district other than NR-PO-B.
      4.   Not create or amend any text or map of any small area, which is processed pursuant to Subsection 14-16-6-7(E) (Amendment to IDO Text – Small Area), or Historic Protection Overlay zone, which is processed pursuant to Subsection 14-16-6-7(C) (Adoption or Amendment of Historic Designation).
   6-7(G)(1)(b)   An application to amend the Official Zoning Map by any entity other than the City may not be submitted within 1 year after the date of final action by the City denying or approving (with or without conditions) a prior application to amend the Official Zoning Map with the same requested change.
   6-7(G)(2)   Procedure
   6-7(G)(2)(a)   The City Planning Department staff shall review the application and forward a recommendation to the EPC.
   6-7(G)(2)(b)   If the application is for a zone change to an MX-FB, NR-SU, or PD zone district, the associated Site Plan – EPC shall be reviewed and decided simultaneously pursuant to all applicable provisions of Subsection 14-16-6-6(J) (Site Plan – EPC). A denial of either requested action shall result in the denial of all associated requests.
   6-7(G)(2)(c)   The EPC shall conduct a public hearing on the application and shall make a decision on the application.
   6-7(G)(2)(d)   If the application is for a zone change from an NR-BP zone district to another zone district, and the subject property is within an area with an approved Master Development Plan, the applicant may amend the Master Development Plan pursuant to Subsection 14-16-6-4(Y)(3) (Major Amendments) concurrently to remove the subject property from the Master Development Plan boundary or to add standards to the Master Development Plan relating to the subject property.
      1.   The City may impose a condition for the applicant to amend the Master Development Plan.
      2.   If no amendment to the Master Development Plan is made, the property will continue to be subject to relevant standards in the Master Development Plan in addition to any standards applicable to the new zone district.
   6-7(G)(2)(e)   The City shall provide a zoning certificate to the applicant that documents the new zone district designation after any City-level appeal possibilities have been concluded and all conditions of approval have been met.
   6-7(G)(2)(f)   If the Zoning Map Amendment will result in a zone boundary that does not coincide with a lot line, the applicant shall obtain a Subdivision of Land – Minor or a Subdivision of Land – Major, as applicable, to establish lot lines that coincide with the zone boundary before a zoning certificate will be issued.
   6-7(G)(2)(g)   A final decision by EPC can be protested pursuant to Subsection 14-16-6-7(H)(1)(b), in which case, the application shall proceed through the process set forth in Subsection 14-16-6-7(H)(2)(j).
   6-7(G)(2)(h)   If the Zoning Map Amendment is approved, the applicant may develop with an approved Site Plan, pursuant to the applicability, procedures, and criteria in Subsections 14-16-6-5(G) (Site Plan – Administrative), 14-16-6-6(F) (Site Plan – DRB), or 14-16-6-6(J) (Site Plan – EPC) and the requirements for that zone district.
   6-7(G)(3)   Review and Decision Criteria
   An application for a Zoning Map Amendment shall be approved if it meets all of the following criteria:
   6-7(G)(3)(a)   The proposed zone change is consistent with the health, safety, and general welfare of the City as shown by furthering (and not being in conflict with) a preponderance of applicable Goals and Policies in the ABC Comp Plan, as amended, and other applicable plans adopted by the City.
   6-7(G)(3)(b)   If the subject property is located partially or completely in an Area of Consistency (as shown in the ABC Comp Plan, as amended), the applicant has demonstrated that the new zone would clearly reinforce or strengthen the established character of the surrounding Area of Consistency and would not permit development that is significantly different from that character. The applicant must also demonstrate that the existing zoning is inappropriate because it meets any of the following criteria:
      1.   There was typographical or clerical error when the existing zone district was applied to the property.
      2.   There has been a significant change in neighborhood or community conditions affecting the site.
      3.   A different zone district is more advantageous to the community as articulated by the ABC Comp Plan, as amended (including implementation of patterns of land use, development density and intensity, and connectivity), and other applicable adopted City plan(s).
   6-7(G)(3)(c)   If the subject property is located wholly in an Area of Change (as shown in the ABC Comp Plan, as amended) and the applicant has demonstrated that the existing zoning is inappropriate because it meets any of the following criteria:
      1.   There was typographical or clerical error when the existing zone district was applied to the property.
      2.   There has been a significant change in neighborhood or community conditions affecting the site that justifies this request.
      3.   A different zone district is more advantageous to the community as articulated by the ABC Comp Plan, as amended (including implementation of patterns of land use, development density and intensity, and connectivity), and other applicable adopted City plan(s).
   6-7(G)(3)(d)   The requested zoning does not include permissive uses that would be harmful to adjacent property, the neighborhood, or the community, unless the Use-specific Standards in Section 16-16-0 associated with that use will adequately mitigate those harmful impacts.
   6-7(G)(3)(e)   The City's existing infrastructure and public improvements, including but not limited to its street, trail, and sidewalk systems, meet any of the following criteria:
      1.   Have adequate capacity to serve the development made possible by the change of zone.
      2.   Will have adequate capacity based on improvements for which the City has already approved and budgeted capital funds during the next calendar year.
      3.   Will have adequate capacity when the applicant fulfills its obligations under the IDO, the DPM, and/or an Infrastructure Improvements Agreement (IIA).
      4.   Will have adequate capacity when the City and the applicant have fulfilled their respective obligations under a City-approved Development Agreement between the City and the applicant.
   6-7(G)(3)(f)   The applicant’s justification for the Zoning Map Amendment is not completely based on the property’s location on a major street.
   6-7(G)(3)(g)   The applicant’s justification is not based completely or predominantly on the cost of land or economic considerations.
   6-7(G)(3)(h)   The Zoning Map Amendment does not apply a zone district different from surrounding zone districts to one small area or one premises (i.e. create a “spot zone”) or to a strip of land along a street (i.e. create a “strip zone”) unless the requested zoning will clearly facilitate implementation of the ABC Comp Plan, as amended, and at least one of the following applies:
      1.   The subject property is different from surrounding land because it can function as a transition between adjacent zone districts.
      2.   The subject property is not suitable for the uses allowed in any adjacent zone district due to topography, traffic, or special adverse land uses nearby.
      3.   The nature of structures already on the subject property makes it unsuitable for the uses allowed in any adjacent zone district.
   6-7(H)   ZONING MAP AMENDMENT – COUNCIL
   All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-7(H).
 
   6-7(H)(1)   Applicability 5
   This Subsection 14-16-6-7(H) applies to any of the following:
   6-7(H)(1)(a)   An application that would amend the Official Zoning Map to change 10 gross acres of land or more located partially or completely in an Area of Consistency (as shown in the ABC Comp Plan, as amended) or 20 gross acres of land or more in any zone district located entirely in an Area of Change (as shown in the ABC Comp Plan, as amended) to a zone district other than NR-PO-B.
   6-7(H)(1)(b)   Pursuant to Section 3-21-6 NMSA 1978, an application for a Zoning Map Amendment – EPC for which a protest of the final action has been received that meets all of the following criteria:
      1.   All of the equitable owners of land that comprises at least 20 percent of the area proposed for change or 20 percent of the area within 100 feet in any direction (excluding public right-of-way) of the area proposed for change have protested in writing the proposed Zoning Map Amendment.
      2.   The persons filing the protest have shown that this Subsection 14-16-6-7(H)(1)(b) applies through clear and convincing evidence.
   6-7(H)(1)(c)   An application to amend the Official Zoning Map by any entity other than the City may not be submitted within 1 year after the date of final action by the City denying or approving (with or without conditions) a prior application to amend the Official Zoning Map with the same requested change.
   6-7(H)(2)   Procedure
   6-7(H)(2)(a)   City Planning Department staff shall review the application, including any specific regulations applicable to a proposed Overlay zone, and forward a recommendation to the EPC.
   6-7(H)(2)(b)   The EPC shall conduct a public hearing on the application and shall make a recommendation to the City Council.
   6-7(H)(2)(c)   The City Council shall conduct a public hearing and make a decision on the application.
   6-7(H)(2)(d)   If the application is for a zone change to an MX-FB, NR-SU, or PD zone district, the associated Site Plan – EPC shall be reviewed and decided simultaneously pursuant to all applicable provisions of Section 14-16-6-6(J) (Site Plan – EPC). A denial of either requested action shall result in the denial of all associated requests.
   6-7(H)(2)(e)   If the application is for a zone change to the NR-BP zone district, an associated Master Development Plan shall be reviewed and decided simultaneously, pursuant to all applicable provisions of Subsection 14-16-6-6(F) (Master Development Plan). A denial of either requested action shall result in denial of all associated requests.
   6-7(H)(2)(f)   If the application is for a zone change to the PC zone district, a Framework Plan shall be reviewed and decided simultaneously and the approved Framework Plan shall be binding on future development on all property within the PC zone district.
   6-7(H)(2)(g)   If the application is for a zone change from an NR-BP zone district to another zone district, and the subject property is within an area with an approved Master Development Plan, the applicant may amend the Master Development Plan pursuant to Subsection 14-16-6-4(Y)(3) (Major Amendments) concurrently to remove the subject property from the Master Development Plan boundary or to add standards to the Master Development Plan relating to the subject property.
      1.   The City may impose a condition for the applicant to amend the Master Development Plan.
      2.   If no amendment to the Master Development Plan is made, the property will continue to be subject to relevant standards in the Master Development Plan in addition to any standards applicable to the new zone district.
   6-7(H)(2)(h)   The City shall provide a zoning certificate to the applicant that documents the new zone district designation after any conditions of approval have been met.
   6-7(H)(2)(i)   If the Zoning Map Amendment will result in a zone boundary that does not coincide with a lot line, the applicant shall obtain a Subdivision of Land – Minor or a Subdivision of Land – Major, as applicable, to establish lot lines that coincide with the zone boundary before a zoning certificate will be issued.
   6-7(H)(2)(j)   If a protest has been received pursuant to Subsection 14-16-6-7(H)(1)(b), the application shall be processed as a Zoning Map Amendment – Council.
      1.   The final action of the EPC becomes the recommendation to City Council.
      2.   The application may only be approved if a majority of the membership of the City Council vote to approve the request.
   6-7(H)(2)(k)   If the Zoning Map Amendment is approved, the applicant may develop with an approved Site Plan, pursuant to the applicability, procedures, and criteria in Subsections 14-16-6-5(G) (Site Plan – Administrative), 14-16-6-6(F) (Site Plan – DRB), or 14-16-6-6(J) (Site Plan – EPC) and the requirements for that zone district.
   6-7(H)(3)   Review and Decision Criteria
   An application for a Zoning Map Amendment – Council shall be approved if it meets all of the following criteria, as applicable:
   6-7(H)(3)(a)   The criteria for approval of a Zoning Map Amendment – EPC in Subsection 14-16-6-7(G)(3).
   6-7(H)(3)(b)   If the application is for the creation or amendment of an NR-BP zone district, all of the following criteria apply:
      1.   The NR-BP zone district and Master Development Plan will result in an internally coordinated system of land uses, development intensities, and open spaces that is more consistent with the adopted ABC Comp Plan, as amended, that is visually more attractive to surrounding areas, and that promotes economic development of the city better, than could be achieved without the NR-BP zone district.
      2.   The NR-BP zone district and Master Development Plan will result in street, circulation, open space, and storm drainage systems that connect and integrate with the City’s existing systems.
      3.   The City and other service providers have adequate infrastructure and public service capacity to serve the proposed development without decreasing service quality to existing City residents or increasing financial burdens on existing City residents, or the applicant has made adequate financial commitments to ensure this result.
   6-7(H)(3)(c)   If the application is for the creation or amendment of a PC zone district, all of the following requirements must be met:
      1.   The proposed amendment and related Framework Plan meet any criteria for approval for a Planned Community adopted by City Council.
      2.   The Framework Plan for the property will result in street, circulation, open space, and storm drainage systems that connect and integrate with the City’s existing system.
      3.   The Framework Plan for the property accommodates reasonably anticipated growth of the City in a manner that is more consistent with the ABC Comp Plan, as amended, than the accommodation of such growth that could be achieved without the PC zone district.
      4.   The City and other service providers have adequate infrastructure and public service capacity to serve the proposed development without decreasing service quality to existing City residents or increasing financial burdens on existing City resident, or the applicant has made adequate financial commitments to ensure this result.

 

Notes

304
304   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1.
305
305   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1.
306
306   2020 IDO Annual Update - Citywide Text Amendments – EPC REVIEW. EPC Recommended Condition #1.
4
307   2020 IDO Annual Update – Citywide Text Amendments – LUPZ REVIEW. Passed 5/12/2021 as Amendment A9 – Major Public Open Space Zoning. Revised editorially for consistency with 14-16-6-7(E) and to provide cross reference to the other type of Overlay zone in 14-16-6-7(C).
5
308   2020 IDO Annual Update – Citywide Text Amendments – LUPZ REVIEW. Revised editorially for consistency with Amendment A9 – Major Public Open Space Zoning, passed 5/12/2021. Revised editorially for consistency with IDO citation for State law.