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)
2.2.1
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)
