CITY of ALBUQUERQUE
TWENTY FIFTH COUNCIL
COUNCIL BILL NO. O-22-32 ENACTMENT NO.
SPONSORED BY: Isaac Benton
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Adopting A Zoning Map Amendment For An Approximately 0.76-Acre Site Located At 10035 Country Club Land NW, Between Golf Course Road NW And Paradise Hills Golf Course, From NR-C To R-ML In Order To Facilitate Future Redevelopment Under The R-ML Zone District (Benton)
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1 ORDINANCE
2 ADOPTING A ZONING MAP AMENDMENT FOR AN APPROXIMATELY 0.76-
3 ACRE SITE LOCATED AT 10035 COUNTRY CLUB LAND NW, BETWEEN GOLF
4 COURSE ROAD NW AND PARADISE HILLS GOLF COURSE, FROM NR-C TO R-
5 ML IN ORDER TO FACILITATE FUTURE REDEVELOPMENT UNDER THE R-ML
6 ZONE DISTRICT.
7 WHEREAS, the subject site is legally described as Tract A-1, Plat of Tracts
8 A-1, A-2, C-1 & T, Paradise Hills Golf Course Subdivision; and
9 WHEREAS, the subject site contains a building that the applicant wants to
10 redevelop into and assisted living facility; and
11 WHEREAS, the subject site is currently zoned NR-C (Non-Residential
12 Commercial Zone District), which it received upon adoption of the Integrated
13 Development Ordinance (IDO) in May 2018 as a conversion from the former
14 zoning of SU-1 for Golf Course and PDA - 72 dwelling units max and 16-unit
15 guest house; and
16 WHEREAS, the zoning conversions were based on the most intense uses
17 allowed by the prior zone, which in this case is outdoor recreation, first
18 allowed as a primary permissive use in the NR-C zone district in Table 6-1-1 of
19 the IDO; and
20 WHEREAS, the purpose of the NR-C zone district is to accommodate
21 medium-scale retail, office, commercial, and institutional uses, particularly
22 where additional residential development is not appropriate or not desired
23 because of a deficit of jobs or services in relation to housing units in the area;
24 and
1 WHEREAS, primary land uses allowable in NR-C include a wide spectrum
2 of retail and commercial uses intended to serve both neighborhood and area-
3 wide needs, as well as some light industrial uses; and
4 WHEREAS, the NR-C zone does not allow residential uses in either the
5 household living category or the group living category; and
6 WHEREAS, the purpose of the R-ML zone district is to provide for a variety
7 of low-to-medium-density housing options. The primary land uses are
8 townhouses and small-scale multi-family development, as well as civic and
9 institutional uses to serve the surrounding residential area; and
10 WHEREAS, the subject site is located in an area that the Comprehensive
11 Plan has designated an Area of Consistency and is not in a designated
12 Activity Center or along a designated Corridor; and
13 WHEREAS, at its February 17, 2022 public hearing, the EPC voted to
14 continue the case to its March 17, 2022 public hearing, in order to allow time
15 for the applicant and opposing parties to meet and discuss their concerns,
16 after which the parties met but did not come to agreement; and
17 WHEREAS, at its March 17, 2022 public hearing, the EPC voted to approve
18 the zoning map amendment, based on findings included in its Notice of
19 Decision.
20 BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF
21 ALBUQUERQUE:
22 SECTION 1. The Official Zoning Map is hereby amended to show the R-ML
23 zone on the property known as Tract A-1, Plat of Tracts A-1, A-2, C-1 and T,
24 Paradise Hills Golf Course Subdivision.
25 SECTION 2. FINDINGS.
26 (A) The request is for a a Zoning Map Amendment, for an approximately
27 0.76-acre site legally described as Tract A-1 Plat of Tracts A-1, A-2, C-1 & T
28 Paradise Hills Golf Course Subdivision and located at 10035 Country Club
29 Lane NW, between Golf Course Rd. and Paradise Hills Golf Course (“the
30 subject site”).
31 (B) The subject site is zoned NR-C (Non-residential -- Commercial). The
32 applicant is requesting a zone change to R-ML (Residential - Multi-family
1 low density) to facilitate future redevelopment of the subject site, which
2 contains an existing building.
3 (C) The subject site is in an Area of Consistency and is not located in a
4 designated Center or along a designated Corridor.
5 (D) The Albuquerque/Bernalillo County Comprehensive Plan and the
6 Integrated Development Ordinance (IDO) are incorporated herein by
7 reference and made part of the record for all purposes.
8 (E) The request is consistent with the following Comprehensive Plan Goals
9 and Policies from Chapter 4 - Community Identity:
10 (1) Goal 4.1 - Character: Enhance, protect, and preserve distinct
11 communities.
12 (2) Policy 4.1.1 - Distinct Communities: Encourage quality development
13 that is consistent with the distinct character of communities.
14 (3) Policy 4.1.2 - Identity and Design: Protect the identity and
15 cohesiveness of neighborhoods by ensuring the appropriate scale and
16 location of development, mix of uses, and character of building design.
17 (F) The request furthers the following, additional polices from
18 Comprehensive Plan Chapter 5- Land Use:
19 (1) Goal 5.2 - Complete Communities: Foster communities where
20 residents can live, work, learn, shop and play together.
21 (2) Policy 5.2.1 - Land Uses: Create healthy, sustainable, and distinct
22 communities with a mix of uses that are conveniently accessible from
23 surrounding neighborhoods.
24 (3) Sub-policy(h) 5.2.1 - Land Uses: Encourage infill development that
25 adds complementary uses and is compatible in form and scale to the
26 immediately surrounding development.
27 (4) Sub-policy(n) 5.2.1 - Land Uses: Encourage more productive use of
28 vacant lots and under-utilized lots, including surface parking.
29 (G) The request furthers the following, additional polices regarding efficient
30 development patterns from Comprehensive Plan Chapter 5- Land Use:
31 (1) Goal 5.3 - Efficient Development Patterns: Promote development
32 patterns that maximize the utility of existing infrastructure and public
33 facilities and the efficient use of land to support the public good.
1 (2) Policy 5.3.1 - Infill Development: Support additional growth in areas
2 with existing infrastructure and public facilities.
3 (H) The request furthers the following, additional policy regarding City
4 Development Areas from Comprehensive Plan Chapter 5 - Land Use:
5 Policy 5.6.3 - Areas of Consistency: Protect and enhance the character of
6 existing single-family neighborhoods, areas outside of Centers and
7 Corridors, parks, and Major Public Open Space.
8 (I) The request furthers the following Comprehensive Plan Goals and
9 policies from Chapter 9- Housing:
10 (1) Goal 9.1 - Supply: Ensure a sufficient supply and range of high-
11 quality housing types that meet current and future needs at a variety of
12 price levels to ensure more balanced housing options.
13 (2) Policy 9.1.1 - Housing Options: Support the development,
14 improvement, and conservation of housing for a variety of income
15 levels and types of residents and households.
16 (3) Goal 9.2.1 - Compatibility: Encourage housing development that
17 enhances neighborhood character, maintains compatibility with
18 surrounding land uses, and responds to its development context - i.e.
19 urban, suburban, or rural - with appropriate densities, site design, and
20 relationship to the street.
21 (J) The applicant has adequately justified the request pursuant to the
22 Integrated Development Ordinance (IDO) Subsection 14-16-6-7(G)(3)-
23 Review and Decision Criteria for Zoning Map Amendments, as follows:
24 (1) Criterion A: Consistency with the City’s health, safety, morals and
25 general welfare is shown by demonstrating that a request furthers
26 applicable Comprehensive Plan Goals and policies (and other plans if
27 applicable) and does not significantly conflict with them. The applicant’s
28 policy-based response demonstrates that the request furthers a
29 preponderance of applicable Goals and policies regarding character,
30 identity and design, complete communities, land uses, infill
31 development, city development areas, areas of consistency, and
32 compatibility. Therefore, the request is consistent with the City’s health,
33 safety, morals and general welfare.
1 (2) Criterion B: The subject site is located in an Area of Consistency.
2 The applicant’s response demonstrates that the request would further a
3 preponderance of applicable Comprehensive Plan Goals and policies
4 and therefore would be more advantageous to the community than the
5 current zoning.
6 (3) Criterion C: This criterion does not apply because the subject site is
7 not located in an Area of Change, either wholly or in part.
8 (4) Criterion D: The applicant compared the existing NR-C zoning and
9 the proposed R-ML zoning and discussed that impactful higher density
10 uses would be eliminated. The R-ML zone district eliminates many
11 impactful uses that are currently permissive on the subject site to
12 residential uses with few accessory and conditional uses. Since the
13 surrounding land is zoned for residential and community uses, uses
14 that would become permissive already exist in the current zoning and
15 are not considered to be detrimental in this setting.
16 (5) Criterion E: The subject site is an infill site that is adequately served
17 by existing infrastructure and therefore meets requirement 1.
18 (6) Criterion F: The request is not based on the property’s location on a
19 major street. The request reinforces and strengthens the character of
20 the area in accordance with the Comprehensive Plan.
21 (7) Criterion G: The applicant has adequately demonstrated that
22 requested zone change is not based on the cost of land or economic
23 considerations and that the request furthers a preponderance of
24 applicable Comprehensive Plan Goals and policies and does not
25 conflict with them.
26 (8) Criterion H: The applicant has demonstrated the requested zone will
27 match with the existing zoning of the surrounding area and therefore
28 would not create a “spot zone.”
29 (K) The affected, registered neighborhood organizations, the West Side
30 Coalition of Neighborhood Association and the Paradise Hills Civic
31 Association, were notified as required. Property owners within 100 feet of
32 the subject site were also notified as required.
1 (L) A pre-application neighborhood meeting was not held. A facilitated
2 meeting was not requested.
3 (M) On February 8, 2022 Staff received a letter of opposition from Rodey
4 Law Firm, representing the owners of the neighboring Paradise Hills Golf
5 Course. The letter requests denial of the zoning map amendment based on
6 potential detrimental impacts that the zone change could have on the Golf
7 Course. General concerns include hours of operation, noise, landscape
8 buffer issues and potential impacts that a residential development will have
9 on a neighboring commercial use.
10 (N) A facilitated meeting was held on March 2, 2022. Participants expressed
11 concerns about the noise ordinance changes and how to prevent noise
12 complaints, landscape buffer requirement changes, incompatible uses, and
13 issues outside of the zone change decision, in particular, encroachments
14 and access issues. The participants did not come to any agreement during
15 this meeting.
16 SECTION 3. SEVERABILITY CLAUSE. If any section, paragraph, sentence,
17 clause, word or phrase of this ordinance is for any reason held to be invalid or
18 unenforceable by any court of competent jurisdiction, such decision shall not
19 affect the validity of the remaining provisions of this ordinance and each
20 section, paragraph, sentence, clause, word, or phrase thereof irrespective of
21 any provision being declared unconstitutional or otherwise invalid.
22 SECTION 4. COMPILATION. Section 1 of this ordinance shall be incorporated
23 in and made part of the Revised Ordinances of Albuquerque, New Mexico, 24 1994.
25 SECTION 5. EFFECTIVE DATE. This ordinance shall take effect five days after
26 publication by title and general summary.