CITY of ALBUQUERQUE
TWENTY SIXTH COUNCIL
COUNCIL BILL NO. O-24-48 ENACTMENT NO. ________________________
SPONSORED BY: Nichole Rogers, by request
ORDINANCE
title
Designation Of The Historic Fairview Cemetery As A City Landmark (Rogers, by request)
body
DESIGNATION OF THE HISTORIC FAIRVIEW CEMETERY AS A CITY LANDMARK.
WHEREAS, pursuant to Section 3-22-3 NMSA 1978 of the Historic District and Landmark Act the City Council, the governing body of the City of Albuquerque, has the authority to adopt zoning districts designating certain areas as historical areas and to adopt and enforce regulations and restrictions within such districts relating to the erection, alterations and destruction of those exterior features of buildings and other structures subject to public view from any public street, way or other public place; and
WHEREAS, the authority conferred by the Historic District and Landmark Act is consistent with the authority of the City Council to amend the zone map for the physical development of the areas within the planning and platting jurisdiction of the City as authorized by Section 3-19-5 NMSA 1978, and by the City of Albuquerque’s home rule powers; and
WHEREAS, the protection, reuse, and enhancement of significant buildings, districts, and sites is a goal of the Albuquerque/Bernalillo County Comprehensive Plan; and
WHEREAS, the property owner, consents to the designation of the property as a City of Albuquerque Landmark; and
WHEREAS, The Historic Fairview Cemetery is listed under HALS (Historic American Landscapes Survey) NM-6 as part of the Heritage Documentation Programs (HDP) administered by the National Park Service; and
WHEREAS, the Landmarks Commission, in its advisory role on historic preservation matters recommends City Council approval of the landmark designation; and
WHEREAS, the Integrated Development Ordinance (IDO) Subsection 14-16-6-7(C) provides for designation of landmark sites and structures; and
WHEREAS, the Landmarks Commission, on August 14, 2024, recommended that the City Council approve a designation of City Landmark Site at 700 Yale Blvd. SE (northern portion), between Garfield Ave. SE and Santa Clara Ave. SE; and
WHEREAS, the cemetery’s layout integrates elements from the Rural and Picturesque cemetery movements, popular in the East and Midwest, reflecting a blend of natural beauty and landscaping from its period of significance beginning in 1881 through the 1920s.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1: That the Historic Fairview Cemetery, located at 700 Yale Blvd. SE (northern portion), between Garfield Ave. SE and Santa Clara Ave. SE be designated a City Landmark.
SECTION 2: SEVERABILITY CLAUSE. If any section, paragraph, sentence, clause, word or phrase of this ordinance is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this ordinance. The Council hereby declares that it would have passed this ordinance and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.
SECTION 3: COMPILATION. This ordinance shall not be incorporated in and made part of the Revised Ordinances of Albuquerque, New Mexico, 1994.
SECTION 4: OFFICIAL ZONING MAP. The City Planning Department shall update the official Zoning Map to reflect the adopted City Landmark designation for the Historic Fairview Cemetery located at 700 Yale Blvd. SE (northern portion), between Garfield Ave. SE and Santa Clara Ave. SE.
SECTION 5: EFFECTIVE DATE. This ordinance shall take effect five days after publication by title and general summary.
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