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Major Avenue Zoning

Major Avenue Zoning

Major Avenue Neighbors.

City Council votes unanimously to uphold EPC recommendation to rezone
back to R-1

Yeah! It worked. All your time and energy worked. The City Council saved the best for last. As the last item on last night's agenda, the City Council heard the Major Avenue rezone issue. Mr. Paulsen from Planning presented the City's request (our request) for rezone. Then neighbors supplemented what he said. Ostrowski presented his position. Then there was a closing statement by Paulsen and neighbors.

Also, Councilor O'Malley sponsored the bill which allowed for the rezone. She spoke well on the issue during the brief discussion period. Councilor Craig Loy made the motion for the rezone change. So special thanks should go to the two of them, but really to all the Councilors (Mayer and Cummins were not present) who were able to understand the situation and fix the problem.

In any event, we should be back to an R-1 neighborhood. If anyone hears anything more. Thanks to everyone wh participated for being good and decent folks and watching out for our little neighborhood.

Major Avenue Zone Change Resolution in word

Major Avenue Zone Change Resolution

SECTOR DEVELOPMENT PLAN AMENDMENT 04EPC-01826, AMENDING THE LOS CANDELARIAS VILLAGE CENTER AND METROPOLITAN REDEVELOPMENT PLAN TO REMOVE THE SUBJECT SITE, LOTS 3 AND 4, MAJOR ACRES SUBDIVISION, FROM THE METROPOLITAN REDEVELOPMENT AREA AND VILLAGE CORE BOUNDARY AS SHOWN ON EXHIBITS 1, 10, AND 11 AND TO CHANGE ZONING ON THE SUBJECT SITE FROM SU-2/RT TO R-1 AS SHOWN ON EXHIBIT 11; THE SUBJECT SITE IS AN APPROXIMATELY 1.0 ACRE SITE LOCATED ON MAJOR AVENUE BETWEEN 10TH STREET AND 12TH STREET NW.

WHEREAS, the Council, the Governing Body of the City of Albuquerque, has the authority to adopt and amend plans for the physical development of areas within the planning and platting jurisdiction of the City authorized by statute, Section 3-19-3, NMSA 1978, and by its home rule powers; and

WHEREAS, the City of Albuquerque adopted the Los Candelarias Village Center and Metropolitan Redevelopment Plan in 2001 through Council Resolution R-01-303, Enactment Number 169-2001; and

WHEREAS, the Council has the authority to not only adopt but amend such a sector development plan; and

WHEREAS, on March 17, 2005, the Environmental Planning Commission, in its advisory role on land use and planning matters, recommended approval to the City Council of an amendment to the Los Candelarias Village Center and Metropolitan Redevelopment Plan to remove the subject site from the Metropolitan Redevelopment Area and Village Core boundary and to change the zoning designation of the subject site from SU-2/RT to R-1; and

WHEREAS, the Environmental Planning Commission found the above Sector Development Plan amendment was consistent with applicable Comprehensive Plan, North Valley Area Plan, and R-270-1980 policies.
BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:

SECTION 1. LOS CANDELARIAS VILLAGE CENTER AND METROPOLITAN REDEVELOPMENT PLAN AMENDED. The Sector Development Plan is amended to remove the subject site, Lots 3 and 4, Major Acres Subdivision, an approximately 1.0 acre site located on Major Avenue, between 10th St. NW and 12th St. NW, from the Metropolitan Redevelopment Area and Village Core boundary as shown on Exhibit 1 (page 9), Exhibit 10 (page 42) and Exhibit 11 (page 43) and to change the zoning designation of the subject site on Exhibit 11 (page 43) from SU-2/RT to R-1.

SECTION 2. FINDINGS ACCEPTED. The following findings for the Sector Development Plan amendment are adopted by the City Council:

1. This is a request for an amendment to Exhibits 1, 10 and 11 in the Los Candelarias Village Center and Metropolitan Redevelopment Plan for an approximately 0.66 acre site located on Major Avenue NW, between 12 St. and 10 St. The subject site is partially developed with one single-family home.

2. According to the Los Candelarias Village Center and Metropolitan Redevelopment Plan, the subject site is currently zoned SU-2/RT and located within the Metropolitan Redevelopment Area and Village Core as demonstrated on Exhibits 1, 10, and 11. The applicant requests a zone map amendment for the subject site, from SU-2/RT to R-1, and removal of the subject site from the Metropolitan Redevelopment Area and Village Core boundary.

3. Under the existing SU-2/RT zoning approximately 14 to 16 townhomes could be developed on the subject site assuming the existing house is removed. This is a density of 24 du/acre. Under the proposed R-1 zoning a total of four houses could exist. This is a density of 6 du/acre.

4. As of January 10, 2005, Steve Ostrowski is the property owner of the subject site. Mr. Ostrowski strongly opposes the subject request to change zoning from SU-2/RT to R-1.

5. The subject request promotes development that respects existing neighborhood values, natural environmental conditions and carrying capacities, scenic resources, and resources of other social, cultural, recreational concern. This is because R-1 zoning is compatible with the established, older residential neighborhood adjacent to the subject site. Major Avenue is a Local street providing access to mostly single-family homes, zoned R-1, that are at a density of approximately 4 du/acre. Residents along Major Avenue unanimously support this request arguing that the R-1 zone better reflects the character of the neighborhood than the existing SU-2/RT zone (Comprehensive Plan, Established Urban Area, Policy 5d).

6. This request promotes redevelopment and rehabilitation of an older neighborhood in the Established Urban Area. The proposed zone map amendment will strengthen and stabilize the existing residential fabric of the neighborhood by promoting single-family housing development along a neighborhood street that is primarily zoned R-1 (Comprehensive Plan, Established Urban Area, Policy 5o).

7. This request allows a full range of urban land uses, resulting in an overall gross density of up to 5 dwelling units per acre. R-1 zoning on the subject site will help to balance the higher density uses allowed within the Metropolitan Redevelopment Area and Village Core (Comprehensive Plan, Established Urban Area Policy 5a).

8. This request furthers Zoning & Land Use Policy 2e by retaining the low-density character of residences along Major Avenue. Residents have stated that this character is created by the presence of mature vegetation, an acequia (irrigation ditch), eclectic architecture and detached single-family homes. R-1 zoning only allows detached, single family homes on the subject site and this is a more appropriate zone designation than the existing SU-2/RT on the subject site given that Major Avenue is primarily zoned R-1 (NVAP, p. nos 7 and 61).

9. This request furthers Housing Policy 1 by maintaining and expanding areas zoned for R-1 residential uses. Approval of the subject request will expand R-1 zoning along Major Avenue. This will help to stabilize land uses along an established residential street characterized by detached, single-family homes zoned R-1 (NVAP, p. nos 14 and 130).

10. The subject request is consistent with the intent of the Los Candelarias Village Center and Metropolitan Redevelopment Plan. More particularly, the subject request is consistent with the Master Plan (Exhibit 3 and Exhibit 17), the text describing SU-2/RT zoning (page 36), description of existing conditions on page 11, and Phase I Plan (Exhibit 12).

11. As stated in previous Findings of this report (04EPC-01826), the subject request furthers adopted elements of the Comprehensive Plan, North Valley Area Plan, and the Los Candelarias Village Center and Metropolitan Redevelopment Plan (Resolution 270-1980, Section 1.C).

12. This request is consistent with R-270-1980, Section 1.D.1 because there was an error when the existing zoning was established on the subject site. There are several inconsistencies between various sections of the Los Candelarias Village Center and Metropolitan Redevelopment Plan (Master Plan-Exhibit 3; Southeast Quadrant of the Master Plan Area- Exhibit 17; zoning text on page 36; Phase 1 Plan-Exhibit 12; Existing Zoning-Exhibit 10; Proposed Zoning-Exhibit 11; Metropolitan Redevelopment Area and Village Core-Exhibit 1; and text describing existing conditions, page 11) as it pertains to land use controls on the subject site. Testimony from Planning Staff and residents who participated in the planning process to create the Los Candelarias Village Center and Metropolitan Redevelopment Plan supports a finding that an error was made when zoning on the subject site was changed from R-1 to SU-2/RT upon the Plan’s approval in 2001 (Project 1001087/Council Bill R-01-303).

13. The Near North Valley NA is a recognized neighborhood association affected by this request. There is strong neighborhood support for this request as reflected by a report of the facilitated meeting, held January 6, 2005, and correspondence submitted to the Planning Department.

14. The subject request is consistent with the health, safety, morals and general welfare of the City because it creates conformity with existing adjacent properties (Resolution 270-1980, Section 1.A).

15. The subject request creates stability of zoning by establishing the same R-1 zone of adjacent properties and the majority of properties along Major Avenue (Resolution 270-1980, Section 1.B).

16. The permissive uses in the R-1 zone will not be harmful to adjacent property zoned SU-2/RT, SU-2/Mixed Use and R-1, which are zones with the same or more intense allowed uses (Resolution 270-1980, Section 1.E).

17. The proposed zone change does not require major and/or unprogrammed capital expenditures (Resolution 270-1980, Section 1.F).

18. The cost of land or other economic considerations pertaining to the applicant is not a factor for a change of zone (Resolution 270-1980, Section 1.G).

19. The subject request is for zoning that does not allow apartment, office, or commercial zoning (Resolution 270-1980, Section 1.H).

20. The subject zone change request will not create either a “spot zone” or a “strip zone” (Resolution 270-1980, Sections 1. I and J).

21. After hearing testimony, the EPC has determined that a preponderance of the evidence exists to justify a mistake was made in the original sector development plan and zoning designation.

SECTION 3. ZONE MAP AMENDED. The request for R-1 zoning is justified because it consistent with all of the provisions of Resolution 270-1980. More particularly, this request is justified because an error was made when the existing zoning was established (Resolution 270-1980, Section 1.D.1). Therefore, the zone map adopted by Section 14-16-1-1 et. Seq. R.O.A. 1994 is hereby amended, establishing R-1 zoning on the subject site, which is specified in Section 1 above.

SECTION 4. FINDINGS ACCEPTED. The Council shall adopt the following zone map amendment findings recommended by the Environmental Planning Commission on March 17, 2005.

1. This is a request for a zone map amendment for an approximately 0.66 acre site located on Major Avenue NW, between 12 St. and 10 St. The subject site is partially developed with one single-family home.

2. According to the Los Candelarias Village Center & Metropolitan Redevelopment Plan, the subject site is currently zoned SU-2/RT (Exhibit 11). The applicant requests a zone map amendment for the subject site, from SU-2/RT to R-1.

3. Under the existing SU-2/RT zoning approximately 14 to 16 townhomes could be developed on the subject site assuming the existing house is removed. This is a density of 24 du/acre. Under the proposed R-1 zoning a total of four houses could be exist. This is a density of 6 du/acre.

4. As of January 10, 2005, Steve Ostrowski is the property owner of the subject site. Mr. Ostrowski strongly opposes the subject request to change zoning from SU-2/RT to R-1.

5. The subject request promotes development that respects existing neighborhood values, natural environmental conditions and carrying capacities, scenic resources, and resources of other social, cultural, recreational concern. This is because R-1 zoning is compatible with the established, older residential neighborhood adjacent to the subject site. Major Avenue is a Local street providing access to mostly single-family homes, zoned R-1, that are at a density of approximately 4 du/acre. Residents along Major Avenue unanimously support this request arguing that the R-1 zone better reflects the character of the neighborhood than the existing SU-2/RT zone (Comprehensive Plan, Established Urban Area, Policy 5d).

6. This request promotes redevelopment and rehabilitation of an older neighborhood in the Established Urban Area. The proposed zone map amendment will strengthen and stabilize the existing residential fabric of the neighborhood by promoting single-family housing development along a neighborhood street that is primarily zoned R-1 (Comprehensive Plan, Established Urban Area, Policy 5o).

7. This request allows a full range of urban land uses, resulting in an overall gross density of up to 5 dwelling units per acre. R-1 zoning on the subject site will help to balance the higher density uses allowed within the Metropolitan Redevelopment Area and Village Core. (Comprehensive Plan, Established Urban Area Policy 5a).

8. This request furthers Zoning & Land Use Policy 2e by retaining the low-density character of residences along Major Avenue. Residents have stated that this character is created by the presence of mature vegetation, an acequia (irrigation ditch), eclectic architecture and detached single-family homes. R-1 zoning only allows detached, single family homes on the subject site and this is a more appropriate zone designation than the existing SU-2/RT on the subject site given that Major Avenue is primarily zoned R-1 (NVAP, p.nos 7 and 61).

9. This request furthers Housing Policy 1 by maintaining and expanding areas zoned for R-1 residential uses. Approval of the subject request will expand R-1 zoning along Major Avenue. This will help to stabilize land uses along an established residential street characterized by detached, single-family homes zoned R-1 (NVAP, p. nos 14 and 130).

10. The subject request is consistent with the intent of the Los Candelarias Village Center & Metropolitan Redevelopment Plan. More particularly, the subject request is consistent with the Master Plan (Exhibit 3 and Exhibit 17), the text describing SU-2/RT zoning (page 36), description of existing conditions on page 11, and Phase I Plan (Exhibit 12).

11. As stated in previous Findings of 04EPC-01827, the subject request furthers adopted elements of the Comprehensive Plan, North Valley Area Plan, and the Los Candelarias Village Center and Metropolitan Redevelopment Plan (Resolution 270-1980, Section 1.C).

12. This request is consistent with R-270-1980, Section 1.D.1 because there was an error when the existing zoning was established on the subject site. There are several inconsistencies between various sections of the Los Candelarias Village Center & Metropolitan Redevelopment Plan (Master Plan-Exhibits 3; Southeast Quadrant of the Master Plan Area- Exhibit 17; zoning text on page 36; Phase 1 Plan-Exhibit 12; Existing Zoning-Exhibit 10; Proposed Zoning-Exhibit 11; Metropolitan Redevelopment Area and Village Core-Exhibit 1; and text describing existing conditions, page 11) as it pertains to land use controls on the subject site. Testimony from Planning Staff and residents who participated in the planning process to create the Los Candelarias Village Center & Metropolitan Redevelopment Plan supports a finding that an error was made when zoning on the subject site was changed from R-1 to SU-2/RT upon the Plan’s approval in 2001 (Project 1001087/Council Bill R-01-303).

13. The Near North Valley NA is a recognized neighborhood association affected by this request. There is strong neighborhood support for this request as reflected by a report of the facilitated meeting, held January 6, 2005, and correspondence submitted to the Planning Department.

14. The subject request is consistent with the health, safety, morals and general welfare of the City because it creates conformity with existing adjacent properties (Resolution 270-1980, Section 1.A).

15. The subject request creates stability of zoning by establishing the same R-1 zone of adjacent properties and the majority of properties along Major Avenue (Resolution 270-1980, Section 1.B).

16. The permissive uses in the R-1 zone will not be harmful to adjacent property zoned SU-2/RT, SU-2/Mixed Use and R-1, which are zones with the same or more intense allowed uses (Resolution 270-1980, Section 1.E).

17. The proposed zone change does not require major and/or unprogrammed capital expenditures (Resolution 270-1980, Section 1.F).

18. The cost of land or other economic considerations pertaining to the applicant is not a factor for a change of zone (Resolution 270-1980, Section 1.G).

19. The subject request is for zoning that does not allow apartment, office, or commercial zoning (Resolution 270-1980, Section 1.H).

20. The subject zone change request will not create either a “spot zone” or a “strip zone” (Resolution 270-1980, Sections 1. I and J).

21. After hearing testimony, the EPC has determined that a preponderance of the evidence exists to justify a mistake was made in the original sector development plan and zoning designation.

SECTION 5. EFFECTIVE DATE AND PUBLICATION. This legislation shall take effect ninety days after publication by title and general summary.

SECTION 6. SEVERABILITY CLAUSE. If any section, paragraph, sentence, clause, word or phrase of this resolution 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 resolution. The Council hereby declares that it would have passed this resolution and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provisions being declared unconstitutional or otherwise invalid.

History

Major Avenue residents are concerned about the zoning changes to the two properties directly to the east of the new townhomes on the corner of 12th and Major.

The zoning of the two properties was inadvertantly changed when the lot for the townhome properties on 12th and Major was rezoned from R-1 to SU-2 RT as part of the Los Candelarias Village Center Plan. The mistake was made because the maps on file with the City no longer represented actual property divisions.

In March there was a EPC hearing to request that the property zoning be returned to its original R-1 status. The Commission recommended an approval of this request. The final decision request will be presented to City Council in August sometime. The council hearing has not yet been scheduled.

If you have questions, or concerns about this matter, e-mail us at mail@nnvna.org.

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