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:
2.1.1.6 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;
2.1.1.11 Water, Wastewater and Stormwater Management;
2.1.1.12 Adequate Public Facilities and Financing;
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)