§ 154.061  QUASI-JUDICIAL ZONE DISTRICT CHANGES.
   (A)   Generally.  Any changes in zoning affecting relatively small numbers of property owners shall be governed by the Type C process described in this chapter and by NMSA § 3-21-6, as the same may be amended from time to time. If, in accordance with the provisions of this section, changes are made in zoning district boundaries or other matters portrayed on the official zoning map, the Department shall enter the changes on the official zoning map promptly after the amendment has been approved.  The Department shall sign the changed official zoning map, attested by the County Clerk, and shall bear the seal of the county under the following words: "This is to certify that this official zoning map supersedes and replaces the official zoning map adopted on the 9-15-2004, as part of the Valencia County Interim Comprehensive Zoning Chapter, No. 2004-05."
   (B)   Procedure. A quasi-judicial zone map boundary change is processed as follows:
      (1)   An amendment may be initiated by the Commission, the P&Z, or by application of an owner of land.
      (2)   An application for a change by an owner of land shall be made in accordance with the Type C application procedure, § 154.077.
      (3)   (a)   These  amendments shall be made only by the Commission, after review and recommendation by the P&Z, pursuant to a Type C application procedure set forth in § 154.077 of this chapter.
         (b)   The zone map amendment shall not be final until the Commission has adopted the amendment by ordinance pursuant to NMSA § 3-21-6(B), as the same may be amended from time to time.
      (4)   (a)   A decision approving a boundary change shall include written findings of fact and conclusions of law satisfying the criteria in divisions (C) or (D) below as appropriate, and address applicable comprehensive plan goals and policies.
         (b)   These written findings of fact and conclusions of law shall be prepared promptly by the Commission and shall be included with the minutes of the meeting of the Commission at which the decision was made.
      (5)   Changes to the applicable zoning maps shall be made and become effective upon filing of record the changed map with the County Clerk.
   (C)   Review criteria for quasi-judicial zone changes (except from AP).  A quasi-judicial zone change to a zoning map may be authorized, pursuant to this section, provided that the request satisfies all applicable requirements of this chapter, and also provided that the applicant demonstrates compliance with the following criteria, except as provided in division (D) below:
      (1)   The proposed change is consistent with the goals, policies and any other applicable provisions of the comprehensive plan;
      (2)   The proposed change is appropriate considering the surrounding land uses, the density and pattern of development in the area, any changes which may have occurred in the vicinity to support the proposed amendment and the availability of utilities and services likely to be needed by the anticipated uses in the proposed district; and
      (3)   The proposed change enhances the county's protection of the public health, safety and welfare of Valencia County.
   (D)   Review criteria for changes from or to lot sizes of AP zone.  A quasi-judicial zone change to amend the designation of land from Agriculture Preservation to another zone, or change the minimum lot size of land designated Agriculture Preservation, may be authorized, pursuant to this section, provided that the request satisfies all applicable requirements of this chapter, and also provided that the applicant demonstrates compliance with the following criteria:
      (1)   The proposed amendment shall comply with the goals, policies and other applicable provisions of the comprehensive plan;
      (2)   The proposed designation shall be appropriate for the existing or intended use of the property;
      (3)   The proposed amendment shall result in an area of at least 10 contiguous acres with the requested designation;
      (4)   For proposed changes within Agricultural Preservation use designation, the new minimum lot size shall be appropriate to maintain the existing commercial agricultural enterprise in the area.; and
      (5)   For proposed changes within or to an Agriculture Preservation designation, the new minimum lot size shall be shown to assure:
         (a)   The opportunity for economically efficient agriculture practices typically occurring in the area; and
         (b)   The conservation of other agricultural values found on agricultural lands.
(Ord. 2004-05, passed 9-15-2004; Am. Ord. 09, passed 9-15-2004)  Penalty, see § 154.999