Santa Fe County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 2
PLANNING
§ 2.1 PLANS AND PLAN AMENDMENTS.
This chapter establishes requirements and procedures for community participation and planning including adopting and amending certain County land use plans, including the SGMP and area, district or community plans. A proposed amendment of the plans discussed in this chapter requires legislative Board approval, except where such amendment or approval applies solely or predominantly to a single parcel of land in common ownership, in which event the amendment or approval shall be processed as a quasi-judicial determination. All plans described in this chapter shall be in compliance with the SGMP, and upon adoption constitute amendments to the SGMP.
2.1.1
The Sustainable Growth Management Plan (SGMP).
The SGMP shall serve as the constitution to the SLDC. Within the SGMP are the following plan elements relating to particular planning subjects:
2.1.1.1
A Sustainable Vision;
2.1.1.2
Land Use;
2.1.1.3
Economic Development;
2.1.1.4
Agriculture and Ranching;
2.1.1.5
Resource Conservation;
2.1.1.6
Open Space, Trails, Parks and Recreation Areas;
2.1.1.7
Renewable Energy and Energy Efficiency;
2.1.1.8
Sustainable Green Design and Development;
2.1.1.9
Public Safety;
2.1.1.10
Transportation;
2.1.1.11
Water, Wastewater and Stormwater Management;
2.1.1.12
Adequate Public Facilities and Financing;
2.1.1.13
Housing;
2.1.1.14
Governance; and
2.1.1.15
Implementation.
2.1.2
Area Plans.
2.1.2.1
An area plan covers a defined geographic area of the county and provides planning, design and implementation strategies consistent with the SGMP. Area plans provide basic information on the natural features, resources, and physical constraints that affect development of the planning area. They also specify detailed land-use designation used to review specific development proposals and to plan services and facilities. An area plan may consist of goals, objectives, policies, and implementing strategies for capital improvement and service programs, zoning, subdivision regulation, official map, the level of service required for adequate public facilities and services; physical and environmental conditions; environmentally sensitive areas; cultural, historic and archeological resources, land-use characteristics of the area; and maps, diagrams, and other appropriate materials showing existing and future conditions. An area plan provides specific planning, design, and implementation, for the defined geographic area of the County to guide development applications, provision of governmental facilities and services, and to implement the official map, capital improvement and services programs, public and private utility and infrastructure plans, annexations, and creation of assessment and public improvement districts.
2.1.2.2
An area plan may be used to guide development applications, to develop facilities and services, infrastructure, annexation, assessment districts and other area needs.
2.1.2.3
An area plan is consistent with and is adopted as an amendment to the SGMP.
2.1.2.4
It is the intent of this Section to establish a process for the adoption of an area plan directed by County planning staff following the procedures outlined in section 2.1.4.5 as applicable.
2.1.3
District Plans.
2.1.3.1
A district plan provides specific planning and design for single-use and mixed-use development specialized around a predominant activity. A district plan may contain specific planning and implementation steps and may be used to guide development applications, to develop facilities and services, infrastructure, annexation, assessment districts and other district needs.
2.1.3.2
A district plan is consistent with and adopted as an amendment to the SGMP and any area or community plan.
2.1.3.3
It is the intent of this Section to establish a process for the adoption of an area plan directed by County planning staff following the procedures outlined in section 2.1.4.5 as applicable.
2.1.4
Community Plans.
2.1.4.1
A community plan provides specific planning, design and implementation for a traditional, contemporary or other geographic community. A community plan may be implemented either through the zoning map or through creation of a community district overlay zone as specified in Chapter 9.
2.1.4.2
It is the intent of this Section to permit communities to create a community planning process, directed by County planning staff. The community planning process is intended to provide diversity of representation during the planning process and provide consistency with the goals and policies of the SGMP and SLDC.
2.1.4.3
The community plan is intended to identify development and growth impacts for an area and provide strategies and land use recommendations including a future land use plan consistent with the SGMP.
2.1.4.4
A community plan is intended to permit communities to recommend adoption of particular land use regulations based on the needs and goals of the community and shall conform to the procedures set forth in the SLDC, and to subsequently update plans as necessary due to changing circumstances.
2.1.5
Area, Community, and District Planning Process.
2.1.5.1
An area, community or district plan process is initiated by filing a letter of application with the Administrator. Alternatively, the Administrator may initiate the planning process sua sponte. The application shall include:
1.
A representative list of members who are proposed to be the initial members of the planning committee. The representative list shall include residents, property owners and business owners who are generally representative of the area, community or district;
2.
An explanation of the conditions that justify undertaking the area, community or district planning process,[;] and
3.
A map of the proposed area, community or district boundary.
2.1.5.2
The application shall be reviewed by the Administrator for completeness and referred to the Board of County Commissioners. If the application is approved, the Board shall, by resolution, establish the planning committee and area, community or district plan boundary. The Board shall approve the planning committee upon recommendation of the Administrator. Once the committee is approved, County planning staff may initiate the process with the planning committee. Additional persons may participate as members of the planning committee throughout the planning process without the necessity of appointment by the Board.
2.1.5.3
All planning sessions and activities shall be open to the public and advertised throughout the community and coordinated by County planning staff. Open discussion and diversity of opinion shall be encouraged. The area, community or district plan shall document resident, property owner and business owner participation and representation.
2.1.5.4
County planning staff in coordination with the planning committee shall develop a public participation plan that assures representation of a diverse cross-section of the community. The public participation plan may include public meetings, surveys, establishment of topic specific subcommittees, outreach to community groups and interested parties.
2.1.5.5
County planning staff shall provide planning expertise and administrative support to the planning committee. The planning committee shall determine the planning process to be used and the basic guidelines for consensus decision-making.
2.1.5.6
The planning committee shall work closely with County planning staff to develop and draft the area, community or district plan that is consistent with the SGMP.
2.1.5.7
To develop the area, community or district plan, the planning committee with support and guidance from County staff, shall accomplish each of the following tasks:
1.
Compile an initial list of issues, present the list to the community, and take note of all feedback. Analyze all such feedback and make appropriate amendments to the list;
2.
Describe and analyze the planning framework;
3.
Develop community profile and provide demographic data of plan area;
4.
Prepare a community vision statement, which shall be a clear statement of the desired future of the community;
5.
Prepare a description of how the community fits within the development patterns within the context of the overall County;
6.
Analyze the existing land use and zoning within the community and create a map depicting existing land uses and development patterns;
7.
Analyze the local cultural and natural resources, including water quality and availability;
8.
Examine the local infrastructure, including utilities, telecommunications, roads and traffic; and
9.
Develop a land use plan and implementation strategies which includes a future land use map, proposed zoning and design standards (as applicable).
2.1.5.8
Review and Adoption.
1.
County planning staff shall review and analyze the proposed plan for consistency with the SGMP.
2.
Once the planning committee has accomplished all the tasks above, the proposed plan shall be referred to the Administrator for referral to appropriate County staff and outside review agencies.
3.
The Administrator shall make a determination of consistency before the adoption process begins.
4.
Once determined to be consistent, the planning committee, with the assistance of County staff, shall conduct no fewer than two (2) public meetings within the community on the draft area, community or district plan.
5.
Notice of the public hearing shall be provided by publication once a week for two consecutive weeks in a newspaper of general circulation within the community, and by posting notices for at least two weeks prior to the public hearings in a conspicuous place in the community.
6.
Following the completion of the public meetings, the Administrator shall review all comments and make a recommendation on the area, community or district plan to the Planning Commission and the Board of County Commissioners.
7.
The Board may approve the area, community or district plan, approve with amendments, or deny.
2.1.6
Status of Area, Community or District Plans.
After approval by the Board, an area, community or district plan shall constitute an amendment to the SGMP.
2.1.7
Implementation.
Following approval of an area, community or district plan, County staff shall develop the appropriate overlay district(s) to implement the community plan.
2.1.8
Periodic Review.
Each area, community or district plan will be reviewed periodically by the planning committee and County staff. The review will be made for recommendations for appropriate amendments and shall include at least one public meeting in the community. The recommendations of the planning committee and any recommendations received during the public meeting, and a recommendation of the Administrator, shall be presented to the Board of County Commissioners.
2.1.9
Plan Amendments.
2.1.9.1
The Board, the Planning Commission or the Administrator may initiate proposed amendments to the SGMP, area, community or district plan. Amendments to an area, community or district plan shall be accomplished through a procedure determined by the Administrator and may involve portions of section 2.1.4.5, as applicable.
2.1.9.2
No amendment to the future land use maps of the SGMP, area, community or district plan or the zoning map, involving a majority of the land within a single tract or parcel of land in the same ownership shall be adopted unless it is demonstrated that there has been a substantial change in the condition of the area surrounding the owner’s property, or there was an error or mistake made in the adoption of the future land use or zoning map and shall be processed according to the procedures set forth in Chapter 4.
2.1.9.3
An application to amend any plan described in this Chapter shall be filed with the Administrator. All such applications shall be considered once a year. The Administrator shall collect all applications for such plan amendments from January 1 until December 31 of each calendar year, and shall submit the applications to the Planning Commission for consideration, beginning with the regular meetings of the Planning Commission held in January for processing.
2.1.9.4
The Administrator shall review the application and shall determine if the application is complete pursuant to the provisions of section 4.4.6. The Administrator shall inform the applicant of the status of the completeness of the application. If the Administrator determines that the application is incomplete, the application shall be returned to the applicant. The applicant shall be instructed in writing as to the reasons for the incompleteness of the application.
2.1.9.5
The Planning Commission shall hold either a legislative or quasi-judicial public hearing upon the proposed plan or zoning map amendment depending upon whether the proposed amendment is applicable only to a single development tract, parcel or lot or to a single parcel of land under common ownership which constitutes the majority of land affected by the proposed amendment, or whether the proposed amendment is applicable to multiple development tracts, parcels or lots.
2.1.9.6
In determining whether a proposed amendment shall be approved, the Planning Commission and Board shall consider the factors set forth in the SLDC, New Mexico judicial decisions and statutes. No area, community or district plan amendment or SLDC zoning map amendment will be approved unless it is consistent with the SGMP or the applicable area, community or district plan.
2.1.9.7
Approval of an amendment to the SGMP or area, community or district plan does not authorize the use, occupancy, or development of property. The approval of a plan amendment shall require the applicant to apply for development approval pursuant to the provisions of the SLDC, which may occur concurrently with the plan amendment process.
2.1.9.8
The Board, Planning Commission or the Administrator shall initiate a countywide review of future land-use maps of the SGMP, area, community or district plan, and the zoning map, every three (3) to five (5) years.
2.1.10
Consistency.
The SLDC and all amendments thereto shall be consistent with the SGMP and applicable area, community or district plans, the CIP and the Official Map.
(Ordinance 2015-11 adopted 12/8/15; Ordinance 2016-2 adopted 3/29/16)
§ 2.2 COMMUNITY PARTICIPATION.
2.2.1
Intent.
2.2.1.1
In accordance with the SGMP, the community participation provisions of the SLDC are designed to maximize public input in important decisions that affect the County, a community or neighborhood.
2.2.1.2
The establishment of Community Organizations (COs) and Registered Organizations (ROs) is intended to provide improved public participation and to provide an organized and fair process whereby public input may be received on applications for development and community development issues.
2.2.2
Community Organizations.
2.2.2.1
Community Organizations (COs) are hereby established.
2.2.2.2
A CO is a new or pre-existing association or organization that is recognized by resolution of the Board to represent a specified geographical area within the County.
2.2.2.3
A CO must file an application for recognition as a CO in order to be recognized by the Board as a CO. The application must be filed with the Administrator, and shall include all of the following:
1.
The name, address, telephone number and e-mail address of the person, who will be designated by the CO to receive notice from the County and to represent the CO in dealings with County staff;
2.
A map or written description of the organization’s geographical boundaries or geographical interests;
3.
A list of the officers of the organization;
4.
A signed copy of the relevant organizing documents of the CO;
5.
Information concerning the organization’s regular meeting location and date;
6.
The date the organization was founded; and
7.
The number of organization members.
2.2.2.4
The Administrator shall review the application and supporting materials, and shall make a recommendation to the Board which, in its sole discretion, may approve the application, deny it or approve it with conditions.
2.2.2.5
Once approved by the Board, the CO will have the following rights and responsibilities:
1.
The right to receive notice and provide written recommendations for any discretionary development application pending within the geographic area designated in the resolution of the Board recognizing the CO or notice of any public hearing or public meeting concerning such application;
2.
The right to participate in administrative adjudicatory proceedings pending within the area designated in the resolution of the Board recognizing the CO, and as such will, as appropriate, be permitted to present evidence and witnesses at a quasi-judicial hearing before the Board, Planning Commission, or Hearing Officer;
3.
The right to receive notice, participate and make recommendations, as deemed appropriate by the Board, for any amendment to the SGMP, SLDC or an area or community plan, within the established geographical boundaries or interests of the CO;
4.
The right to participate and make recommendations in the development of a community strategic work plan, studies, CIP, ICIP and public improvement and assessment districts, and levels of service for community infrastructure and services;
5.
The right to coordinate with ROs, property owners, business owners and residents within the boundaries of the CO in matters related to a pending discretionary development review or administrative adjudicatory application;
6.
The right to meet with the Administrator concerning matters of interest to the CO;
7.
The right to participate in Town Hall meetings with the Administrator and appropriate County staff; and
8.
The right to participate in CO leadership retreats and training programs.
2.2.3
Registered Organizations.
2.2.3.1
Registered Organizations (ROs) are hereby established.
2.2.3.2
A Registered Organization (“RO”) is any organization (unincorporated association, partnership, limited liability company, corporation) interested in development projects or other County activities. An RO may include an acequia or land grant association, assessment and public improvement districts, public or private utility, school district, homeowner association, or neighborhood association.
2.2.3.3
An RO must file an application for recognition as a RO in order to be recognized by the Administrator as an RO. The application must be filed with the Administrator, and shall include all of the following:
1.
The name, address, telephone number and e-mail address of the person, who will be designated by the RO to receive notice from the County and to represent the RO in dealings with County staff;
2.
A map or written description of the organization’s geographical boundaries or geographical interests as appropriate;
3.
A list of the organization’s topic(s) of interest;
4.
A list of the officers of the organization, including phone numbers and/or e-mail addresses of officers;
5.
A signed copy of the relevant organizing documents of the RO;
6.
Information concerning the organization’s regular meeting location and date;
7.
The date the organization was founded; and
8.
The number of organization members.
2.2.3.4
In order to preserve the autonomy and independence of COs and ROs, staff support will be limited to administrative functions in support of CO and RO rights, including providing notice, scheduling meetings and receiving comments.
2.2.3.5
The Administrator shall review the application and supporting materials, and in his/her sole discretion, may approve the application, deny it or approve it with conditions.
2.2.3.6
Once approved by the Administrator, the RO will have the following rights and responsibilities:
1.
The right to receive notice and provide written recommendations for any discretionary development application pending within the geographic area designated or the topic(s) of interests disclosed in the RO application or notice of any public hearing or public meeting concerning such application;
2.
The right to receive notice and provide written recommendations for any application for, or an amendment of, a Development of Countywide Impact pending before the Administrator;
3.
The right to receive notice, participate and make recommendations, as deemed appropriate by the Administrator, for any amendment to the SGMP, SLDC or an area, district or community plan within the established geographical boundaries or interests of the RO;
4.
The right to coordinate with COs, property owners, business owners and residents within the boundaries of the RO in matters related to a pending discretionary development review or administrative adjudicatory application;
5.
The right to meet with the Administrator concerning matters of interest to the RO;
6.
The right to participate in Town Hall meetings with the Administrator and appropriate County staff; and
7.
The right to participate in RO leadership retreats and training programs.
(Ordinance 2015-11 adopted 12/8/15; Ordinance 2016-2 adopted 3/29/16)