City of Albuquerque
File #: O-22-32   
Type: Ordinance Status: Denied
File created: 6/6/2022 In control: City Council
Final action: 9/19/2022
Enactment date: Enactment #:
Title: 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)
Sponsors: Isaac Benton
Attachments: 1. O-32
Date Action ByActionResultAction Details
9/19/2022 City Council MotionPass Action details
9/7/2022 City Council DeniedPass Action details
8/15/2022 City Council Accepted Without Recommendation  Action details
8/10/2022 Land Use, Planning, and Zoning Committee Sent to Council Without RecommendationPass Action details
6/6/2022 City Council Introduced and Referred  Action details
6/6/2022 President Referred  Action details

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.