(A) PURPOSE AND INTENT. The purpose of this section is to encourage residential development that provides an alternative means to preserve village character with particular emphasis on agricultural land and open space, in conformance with the Master Plan. It is the intent of this section to allow a density bonus while maintaining Village style, scale, and character. The density bonus shall be implemented through a form-based approach based on the Village's floor area ratio. Conservation development standards may be applied to any property or properties in the A-1, A-2, A-3, R-2, or R-3 zones in the Guadalupe Trail and Fourth Street Character Areas if the conditions set forth herein are met, under a Conservation Development Pilot Project. Where the provisions of these development standards conflict with the provisions of another section of this Zoning Code, the provisions of these development standards shall prevail. Any unaddressed standards in this section, not addressed in the balance of the Village Code, may be considered and approved by the Board of Trustees. The Board of Trustees may grant exemptions from this section and any section of Chapter 9 Land Use Regulation.
(B) PERMISSIVE USES. A building or premises shall be used only for the following purposes:
(D) ACCESSORY USES. Uses customary and incidental to the primary use of the lot that is in conformance with the zone.
(E) AREA REGULATIONS. These regulations apply to all conservation development properties in the Village.
(1) The minimum conservation development size shall be thrice the net minimum lot size for the underlying zone, unless otherwise authorized and approved by the Board of Trustees for a Conservation Development Pilot Project.
(2) Within the conservation development, the minimum lot area and lot width shall be the size of the dwelling unit. Structures shall not cross property lines unless an easement for maintenance and ownership is identified on the plat.
(3) Setback requirements shall apply to the conservation development as a whole, but not to dwellings or lots within the site. Setback limits apply to all buildings and structures, including swimming pools.
(a) The minimum setbacks from the property line or access easement to the nearest structure shall be the setbacks of the underlying zone, unless otherwise authorized and approved by the Board of Trustees for a Conservation Development Pilot Project.
(4) Permeable surfaces shall be a minimum of sixty percent (60%) of the conservation development exclusive of access easements.
(F) FLOOR AREA RATIO. The floor area ratio of structures shall be determined by the allowable floor area listed in the adopted 20% all Village FAR table for net lot area, unless otherwise authorized and approved by the Board of Trustees for a Conservation Development Pilot Project, and, except as specifically modified herein.
(1) Barns and agricultural related buildings are not excluded from floor area ratio calculations.
(2) Unless otherwise authorized and approved by the Board of Trustees for a Conservation Development Pilot Project, the floor area ratio calculation follows the 20%. All Village FAR table for each pre-conservation development original acre or fraction thereof up to the minimum lot size of the underlying zone, after which the calculation resets for the next acre(s) or fraction(s) thereof up to the minimum lot size of the underlying zone. The calculation shall be for the net acreage of the conservation development, exclusive of access easements. Fractions of acres smaller than the smallest lot size listed on the FAR table shall not be considered for calculations. For every ten percent (10%) of additional dedicated land provided above the minimum, the conservation development may have an additional five percent (5%) in allowable FAR (e.g. 50% dedicated land with 30% FAR).
Example:
3.25 acres net underlying zone R-3:
0.33 acre = 3,100 sq. ft. * 9 27,900 sq. ft.
0.25 acre = 2,800 sq. ft.
Total allowable built square footage: 30,700 sq. ft.
3.25 acres net underlying zone A-1:
1 acre = 8,600 sq. ft. * 3 25,800 sq. ft.
0.25 acre = 2,500 sq. ft.
Total allowable built square footage: 28,300 sq. ft.
3.25 acres net underlying zone A-2:
2 acres = 12,760 sq. ft.
1.25 acres = 9,900 sq. ft.
Total allowable built square footage: 22,660 sq. ft.
(G) HEIGHT REGULATIONS.
(1) Buildings and structures. As regulated in the A-1 Zone.
(2) Fences and walls. As regulated in the A-1 Zone, with the following modifications: Dedicated land may not be divided by fences or walls, unless fences or walls are related to the implementation of the use of the dedicated land. Fences and walls between dedicated land and private conservation development property may be up to six feet (6') solid. Fences and walls between dedicated land and abutting properties is limited to four feet (4') solid and an additional two feet (2') open unless otherwise authorized and approved by the Board of Trustees for a Conservation Development Pilot Project.
(H) EXISTING BUILDING.
(1) If an existing structure(s) is to be demolished, upon completion of a new dwelling on the same lot, the demolition must take place within one (1) year.
(I) ACEQUIA IRRIGATION.
(1) Continuation of any existing ditch or acequia irrigation is a requirement of the conservation development standards. Subject to Middle Rio Grande Conservancy District approval as may be necessary, existing ditch or acequia irrigation may be relocated within any Conservation Development Pilot Project.
(2) Abandonment of irrigation rights by the landowner(s) is prohibited as a condition of approval unless allowed otherwise by the Board of Trustees.
(J) DEDICATED LAND.
(1) Amount. Unless otherwise authorized and approved by the Board of Trustees for a Conservation Development Pilot Project, thirty percent (30%) of the net conservation development area shall be dedicated land for the purposes of agriculture, recreation, and/or conservation use. For every ten percent (10%) of additional dedicated land provided above the minimum, the conservation development may have an additional five percent (5%) in allowable FAR (e.g. 50% dedicated land with 30% FAR). Roadways, driveways, parking areas, private yards, and easements for purposes other than agriculture, recreation open space, or conservation open space cannot be calculated as dedicated land. Utility easements may, however, be overlaid on easements that count towards dedicated land.
(a) Dedicated land may form one or more areas within the conservation development provided that at least one area is not interior to the conservation development.
(2) Uses. Dedicated land shall be used for the following or some combination thereof:
(a) Agriculture.
1. Agricultural uses shall be those identified in A-1 Permissive Uses §9.2.7(B)(2), (3), (4), and (9). Enclosed structures shall count towards the floor area ratio (FAR). Unenclosed structures shall not count towards the floor area ratio (FAR). Outdoor storage of materials must be screened, and landscaping may provide screening.
(b) Recreation Open Space.
1. Paved sports courts are limited to one-quarter (1/4) of the total dedicated land.
2. Golf driving ranges are prohibited.
3. Unenclosed and enclosed structures shall count towards the floor area ratio (FAR).
(c) Conservation Open Space.
1. May include unenclosed structures for shade or picnic areas. Unenclosed shade structures shall not count towards the floor area ratio (FAR) but are limited to 20% of the conservation open space.
2. Trees are encouraged in general and as an alternative to shade structures.
3. Preservation of existing natural landscapes and features, such as cottonwood trees, native vegetation, acequias, and existing grades and slopes, is encouraged.
(3) Additional Requirements.
(a) Dedicated land may be publicly accessible or limited to private access.
(b) Walking paths, trails, or other means of pedestrian access must meet all then applicable Federal laws and regulations, up to and including pavement.
(c) Structures necessary for operation and maintenance are permissive and shall count towards the floor area ratio (FAR). Said structures shall be considered part of the dedicated land percentage.
(d) If proposed use is water intensive, the Village may request proof of water availability. Uses that conserve water are encouraged.
(e) Dedicated land must be identified on a plat as a separate lot(s) or easement(s).
(f) Abandonment or vacation of dedicated land is prohibited as a condition of approval, unless allowed otherwise by the Board of Trustees.
(g) Approval by the Board of Trustees shall be required for any substantial change to dedicated land.
(4) Ownership and Maintenance. Dedicated land shall remain dedicated in perpetuity through a land use or conservation easement, or restrictive covenant, so as to assure the dedicated land is not subject to further development and/or construction. The dedicated land and any structures thereon shall be owned and maintained by a homeowners' association, conservation association, individual, or entity that agrees to comply with the regulations of this section, and any applicable requirement of NMSA 1978 §§ 47-12-1 et seq.
(a) The entity or individual that assumes ownership of the dedicated land shall bear all responsibility for maintenance of the land and all structures thereon. There shall be a land use easement or restrictive covenants recorded which prohibit the use of the subject land for any purpose other than what is designated as dedicated land in its application. Such covenants shall run with the land and shall become part of the deed to each lot or parcel within the development. Such covenants shall be filed with the Bernalillo County Clerk simultaneously with, or prior to, the filing of the subdivision plat.
(b) Homeowners' association or other recorded documents shall require that the sale of individual dwelling units must also include any associated interest in dedicated land, shared or common lands, structures, or facilities and shall require the buyer's continued responsibility for its share of those responsibilities.
(K) SEWER SYSTEMS.
(1) All conservation development under this § 9.2.27 shall connect to the public sanitary sewer, regardless of distance from the nearest public sanitary sewer connection point.
(L) OTHER REGULATIONS. The regulations below apply to any property with a conservation development standards permit unless explicitly excepted in the approval conditions as authorized by the Board of Trustees:
(M) APPLICATION AND APPROVAL PROCESS. Applicants meeting all requirements listed in this section may apply for a conservation development standards permit. All applications for this permit must also apply for and follow the approval process of major subdivisions and site development plans, regardless of number of lots created or acreage involved, as set forth in § 9.1.1 et seq. and § 9.2.25(E)(4).
(a) A permanent land-use or conservation easement identifying ownership of the easement, and detailing responsibilities for maintenance of the dedicated land, or a document evidencing a permanent restrictive covenant for purposes of preserving dedicated land for agricultural, recreational, or conservation open space filed in the Bernalillo County Clerk's Office.
(b) In addition to § 9.1.8(B)(3) Contents of the Final Plat, the following are required on the final plat:
1. Note that vacation or alteration of the easement or restrictive covenant as identified in § 9.2.27(J) is prohibited unless through approval by the Board of Trustees.
2. Note that further subdivision of lots which create additional lots, not to include lot line adjustments, shall require approval by the Board of Trustees.
(3) Fees. The application fee for conservation development permits is two hundred fifty dollars ($250.00).
(N) IMPLEMENTATION, ENFORCEMENT AND PENALTIES. This section may be enforced in accordance with § 9.2.24. In addition, if any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this section, the Village may institute any appropriate action or proceedings to:
(1) Prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use;
(2) Restrain, correct, or abate the violation;
(3) Prevent the occupancy of such building, structure, or land; or
(4) Prevent any illegal act, conduct, business or use in or about such premises.
(O) PILOT PROJECT.
(1) Duration. The conservation development standards permit shall be available only for the duration of permitting and development of up to three (3) pilot projects. When the Board of Trustees reviews the results of the pilot projects, the Board may adopt this Chapter 9, Article 2, Section 27 conservation development standards permit amended to reflect design standards and other observations learned from the implementation of any pilot project and without reference to a pilot project or this pilot project section.
(2) Location. The conservation development standards permit shall be available only within the Guadalupe Trail and Fourth Street Character Areas as identified in the Master Plan.
(3) Approval. The process for any pilot project approval shall be as follows:
(a) The applicant shall submit a complete pilot project application, which shall include at least the following:
1. Preliminary site plan and landscaping plan showing at a minimum proposed lot lines, buildable areas, number and size of dwelling units, use of dedicated land, and area of landscaping with general plant types (i.e. trees, shrubs, grasses) identified.
2. Letter of intent explaining the proposed site plan, amenities, compliance with § 9.2.27, whether the applicant intends to sell or rent the units, reason for interest in an alternative form of development, and any additional information unique to the project (e.g. communal dining facility, communal guest dwelling(s), open space caretaker's unites), integration of an irrigation ditch or acequia).
3. If the applicant intends to seek Board of Trustees authorization and approval of any requested deviation from: (E) Area Regulations, (F) Floor Area Ratio and (J) Dedicated Land, or, other requested authorization or approval, applicant shall, with specificity, identify each requested Board approval and justification for the same. The Board may consider and approve each such request.
(b) Upon receipt of a complete application that meets the requirements of § 9.2.27, the Planning Director shall schedule a hearing before the Board of Trustees at the next regularly scheduled meeting following § 9.2.25(F) Public Notice. The Board of Trustees may approve the pilot project application and any requested deviations from this code.
(c) Upon approval of the pilot project application, the applicant shall proceed with the application and approval processes for a major subdivision, site development plan, and conservation development standards permit. The applicant shall not be required to submit a sketch plat application for the major subdivision or the site development plan.
(4) Conditions of Approval. Pilot project conditions of approval shall include but are not limited to the following:
(a) Construction must commence within one (1) calendar year from date of filing of the subdivision plat.
(b) Upon issuance of certificate of occupancy for half of the planned dwellings of the conservation development, applicant shall report to the Board of Trustees on results of development, including but not limited to: occupancy rate, use and maintenance of dedicated land, and the conservation development's impact on surrounding neighborhoods and infrastructure.
(5) Fees. The application fee for pilot projects is one-hundred dollars ($100.00).
Ordinance and State Law References regarding Chapter 9, Article 2 (f/k/a Chpt 31):
Ordinance #2, May 27, 1959. Repealed 8/6/72 by Ordinance No. 25;
Ordinance #16, January 22, 1964. Repealed 1/5/71 by Ordinance No. 20;
Ordinance #20, January 5, 1972. Repeals Ordinance No. 16
Ordinance #25, August 6, 1972. Repeals Ordinance No. 2; Amended by Ordinances 26, 38 and 48;
Ordinance #26, November 1, 1972. Amends Ordinance No. 25;
Ordinance #38, July 11, 1979. Amends Ordinance No. 25;
Ordinance #45, December 9, 1981. This Ordinance did not have proper advance notice published and is NULL & VOID;
Ordinance #48, July 14, 1982. Amends Ordinance No. 25;
Ordinance #58, December 12, 1984. Repeals Ordinances 25, 26, 28 & 48; Amended by Ordinances 82, 100; Repealed 6/9/94 by Ordinance No. 120;
Ordinance #71, May 11, 1988 changed the definition of height (Section 5) & Section 7(D)(1) (maximum allowed height). Repealed 6/9/94 by Ordinance #120;
Ordinance #82, February 8, 1989 added to the definition of height (Section 5) that a chimney is not part of a structure for height restriction & added the definition of chimney to Section 5.
Amends Ordinance No. 58 (which was Repealed);
Ordinance #83, March 22, 1989 created the AR-2 Zone (Section 8). Amends Ordinance No. 58 (which was Repealed);
Ordinance #92, March 14, 1990. Amends Ordinance No. 83;
Ordinance #120, June 9, 1994. Repeals Ordinances 36, 58, 71, 82, 83 & 92, Repealed 12/14/94 by Ordinance #125;
Ordinance #125, December 14, 1994. Repeals Ordinance No. 120, Amended by Ordinances 127, 128, 129, 130 & 140;
Ordinance #127, March 8, 1995. Amends Ordinance No. 125, Amended by Ordinance No. 130;
Ordinance #128, March 8, 1995. Amends Ordinance No. 125;
Ordinance #129, May 31, 1995. Amends Ordinance No. 125;
Ordinance #130, July 12, 1995. Amends Ordinance No. 125 & 127;
Ordinance #131, August 31, 1995. Annexation of Territory;
Ordinance #134, enacted Feb 14, 1996, codified Ordinance #125, as amended, with modifications;
Ordinance #140, June 27, 1996. Amends Ordinance No. 125;
Ordinance #147, May 14, 1997. Amends Chapter 31 of the Codified Ordinance of 2/14/1996 Section 6(B)(8) – Guest House or additional dwellings;
Ordinance #152, October 28, 1998. Amends Chapter 31 of the Codified Ordinance of 2/14/1996, Section 11(A) and Section 12(B);
Ordinance #160, November 8, 2000. Amends Chapter 31 of the Codified Ordinance of 2/14/1996, Section 11, C-1 Retail Commercial Zone, Paragraph A, Permissive Uses on Adult Entertainment, Adult Bookstores;
Ordinance #161, November 15, 2000. Amended 12/10/03 by Ordinance No. 186;
Ordinance #163, December 13, 2000. Amends Chapter 31 of the Codified Ordinance of 2/14/1996, Section 15, Paragraph E adding a Section to Regulate Fees for Zoning Applications;
Ordinance #164, January 10, 2001. Amends Chapter 31 of the Codified Ordinance of 2/14/1996, Section 11(A) and (B) Permissive and Conditional Uses;
Ordinance #172, December 11, 2002. Amends Chapter 31 of the Codified Ordinance of 2/14/1996, Sections 3 & 5, Adding a new Section 12 and amending the Zone Map to Delineate the Village Center District;
Ordinance dated May 28, 2003 (no ORD #) replaces current Zoning Ordinance, Chapter 31 of the Codified Ordinance dated 2/14/1996 and Repealed 10/22/03 by Ordinance No. 183;
Ordinance #181, September 10, 2003. Amends Ordinance No. 162;
Ordinance #183, October 22, 2003. REPLACES Chapter 31 of Codified Ordinance No. 134 (2/14/1996), Amended 2/10/10 by Ordinance No. 226 and Repeals Ordinance dated 5/28/2003 with No Ordinance No.;
Ordinance #186, December 10, 2003. Amends Ordinance No 161, Repealed 2/11/09 by Ordinance No. 222;
Ordinance #191, August 25, 2004. Amends Chapter 31, Zoning and Zone Map of the Codified Ordinance;
Ordinance #192, August 25, 2004. Amending Chapter 31, Zoning and Zone Map, adding definitions;
Ordinance #193, December 8, 2004. Amends Chapter 31, Zoning and Zone Map of the Codified Ordinance, Amended by Ordinance No. 195, Amends ORD #192 of the Guadalupe Character Area;
Ordinance #195, June 8, 2005. Amends Ordinance No. 193;
Ordinance #201, July 12, 2006. Amends Chapter 31, Section 15 (Special Use Zone) of the Comprehensive Zoning Ordinance;
Ordinance #202, July 12, 2006. Amending the Official Zone Map;
Ordinance #203, July 12, 2006. Amends Chapter 31, Section 2(B) Definition of Grade of the Codified Ordinances of the Comprehensive Zoning Ordinance;
Ordinance #208, April 11, 2007. Amends Chapter 31, Section 2, 4 & 11 of the Codified Ordinance, Zoning Ordinance and Zone Map;
Ordinance #209, May 9, 2007. Amending the Text to the Zoning Ordinance and Zone Map;
Ordinance #213, September 12, 2007. Amends the Comprehensive Zoning Code, Chapter 31, Zoning and Zone Map, Section 24, Application and Approval Process, subsection D, Planning Director Issued Permits, adding paragraph 13, Floor Area Variances;
Ordinance #216, May 14, 2008. Amends Ordinance No’s 209, 191, 183 & 201 and Chapter 31 of Codified Ordinance;
Ordinance #217, May 14, 2008. Amends Ordinance No. 191 and Chapter 31 of Codified Ordinance;
Ordinance #218, May 14, 2008. Amends Chapter 31 of the Codified Ordinance, The Zoning Ordinance and Zone Map, Section 24, Application and Approval Process;
Ordinance #221, November 12, 2008. Amends Chapter 31, Section 2 Definitions and Section 24, Application and Approval Process, E(1) Site Development Plan, Amended 5/13/09 by Ordinance No. 223;
Ordinance #222, February 11, 2009. Repeals Ordinance No. 186;
Ordinance #223, May 13, 2009. Amends Ordinance No. 221 and Chapter 31 of the Codified Ordinance;
Ordinance #226, February 10, 2010. Amends Ordinance No. 183 and the text to Chapter 31, Section 12 concerning the Agricultural Commercial Zone.
Ordinance #243, January 8, 2014. Amends Ordinance No.183 and the text to Chapter 31, Section 25 concerning Application and Approval.
Ordinance #246, February 12, 2014. Amends Ordinance No. 186 and the text to Chapter 31 concerning the Planning and Zoning Commission.
Ordinance #248, March 12, 2014. Amends Ordinance No. 186 Section 2 concerning Definitions, Section 3 concerning General Regulations, Section 4 concerning the Establishment and Interpretation of Zones, Section 6 A-1 Agricultural/Residential Zone, A-2 Agricultural/Residential Zone, Section 7 A-3 Agricultural/Residential, R-2 Residential Zone, Section 9 R-3 Agricultural/Residential Zone, Section 10 Retail/Commercial Zone, Section Gateway District Zone, Section 14 Village Center Zone;
Ordinance #249, January 14, 2015. Amends Ordinance No.201 and the text to Chapter 9, Article 2 Section 16 Special Use Zones of the 2013 Codified Ordinances.
Ordinance #258, August 9, 2017. Amends Chapter 9, Article 2, Section 25 Application and Approval Process, (H) Appeals;
Ordinance #260, September 13, 2017. Amends Chapter 9, Article 2, Zoning and Zone Map, Section 12, C-1 Commercial Zone;
Ordinance #263, October 11, 2017. Amends Chapter 9, Article 2, Zoning and Zone Map, Section 3, Definitions, and Section 4 General Regulations, Clarification of the two hundred and eighty (280) foot setback in Chapter 9, Article 2, Section 7, A-1 Agricultural/ Residential Zone, Section 8, A-2 Agricultural/ Residential Zone, and Section 9, A-3, Agricultural/ Residential Zone;
Ordinance #264, November 8, 2017. Amends Chapter 9, Article 2, Zoning and Zone Map, Section 22 Signs, (K) Political Campaign Signs;
Ordinance #265, January 10, 2018. Amends Chapter 9, Article 2, Zoning and Zone Map, Section 14, Village Center Zone (VC Zone);
Ordinance #279, July 14, 2021. Amends Chapter 9, Article 2, Zoning and Zone Map, Section 25, Application and Approval Process.
Ordinance #280, September 8, 2021. Amends Chapter 9, Article 2, Zoning and Zone Map, Section 15, AC - Agricultural-Commercial Zone;
Ordinance #282, November 10, 2021. Amends Chapter 9, Article 2, Zoning and Zone Map, Section 3, Definitions, Section 7, A-1 Agricultural/Residential Zone, Section 12, C-1 Retail Commercial Zone, Section 14, VC - Village Center Zone and Section 15, AC - Agricultural-Commercial Zone;
Ordinance #284, March 9, 2022. Amends Chapter 9, Article 2, Zoning and Zone Map, Section 2, Planning and Zoning Commission, Section 3, Definitions and establishes Section 27, Conservation Development Standards Permit (CDP).
Ordinance #289, August 10, 2022. Amends Chapter 9, Article 2, Zone and Zoning Map, Section 13, GD–Gateway District Zone; Section 14, VC–Village Center Zone; and Section 18, Off Street Parking.
Ordinance #294, April 12, 2023. Amends Chapter 9, Article 2, Zone and Zoning Map, Section 12, C-1 Commercial Zone; Repealing Ordinance #260.