Phase One annexation was approved by the City Council, see full report below.
NOTE: "While city officials generally agree the first phase shouldn't be an issue financially, the road could be bumpier with phases two and three. The fire and police departments, in particular, have pleaded for enough manpower and equipment to absorb the extra duties. The council recently approved plans to meet those needs, though where exactly the funding will come from is still uncertain.
To prepare for the Area 1 Community Planning Process, we encourage all to become familiar with the City's Neighborhood Conservation Overlay District code, which is whate we will be working with. See post below the article.
PLEASE - STAY INFORMED, STAY INVOLVED.
The Albuquerque Journal
by Kiera Hay
November 11, 2009
The Santa Fe City Council formally approved on Tuesday an ordinance annexing 1,956 acres. It's the first of three phases that will eventually see the city add a total of about 10,000 acres to its borders by 2013. “It seems like a small step, but I think it's pretty historic,” noted Mayor David Coss during the unanimous council vote. Coss thanked city staff and others for the work they put into the process. The land annexed consists of “small islands of county land surrounded by City land” spread across Santa Fe, as well as the Interstate 25 right-of-way between Old Pecos Trail and New Mexico 599. At least 1,313 people and 507 households will be absorbed by the city. The annexation stems from a 2008 settlement in which the city of Santa Fe and Santa Fe County agreed that the city would annex certain county lands within the next five years to “create clear, readily identifiable city boundaries.” On Tuesday, there was no comment during a public hearing, and the main topic of discussion among councilors was whether the city should take on Interstate 25 and the accompanying first responder status. Councilor Chris Calvert, notably, expressed concerns about the extra responsibility. “I guarantee if there's a problem, it's going to take patrol cars out of neighborhoods,” he said. “I just don't understand why we want to take that on.” Deputy Police Chief Abram Anaya noted that there are mutual aid agreements in place with both State Police and the Santa Fe County Sheriff's Department, and said he fully expects those agencies to render help if needed. The City Council also approved a memorandum of understanding that says Santa Fe County will bring all roads in the annexed area up to a standard set by the city. Until that point, the roads will remain under the county's responsibility. An ordinance revising the municipal election district map to include phase one was postponed until December so that additional information on precincts could be provided. The ordinance essentially allows people living in those areas to vote in city elections. The second phase of annexation will include the area north of Tierra Contenta on either side of Airport Road up to Highway 599 and will be petitioned by the end of 2011, while phase three will be petitioned by the end of 2012 and is to include the area northeast of Agua Fria Traditional Historic Community and from the eastern city boundary to the national forest. According to city officials, the first phase of annexation is expected to cost the city $200,741 annually in additional services. Tax revenue from is anticipated to be about $187,000. While city officials generally agree the first phase shouldn't be an issue financially, the road could be bumpier with phases two and three. The fire and police departments, in particular, have pleaded for enough manpower and equipment to absorb the extra duties. The council recently approved plans to meet those needs, though where exactly the funding will come from is still uncertain.
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14-5.10 NEIGHBORHOOD CONSERVATION OVERLAY DISTRICTS
(A) General Provisions
(1) Purpose
In order to protect the health, safety, and general welfare of the residents of Santa Fe, it is deemed by the Governing Body that neighbors be allowed to conserve their neighborhoods by collectively identifying their neighborhood's distinctive characteristics, including, but not limited to: streetscape, architectural features, density, lot coverage, setbacks, height and some property uses. The Neighborhood Conservation Overlay Districts are a means to propose conservation of the substantive physical character of the neighborhoods and are not intended to be used as a tool simply to resist minor changes in neighborhood character. By proposing establishment of these overlay districts and tailoring the regulations to the attributes of the built environment that make the neighborhood distinctive, neighborhoods will have a tool to proactively affect new development and thereby promote better harmony between new and existing structures.
(2) Underlying Zoning District Requirements
Property within a Neighborhood Conservation Overlay District shall be subject to the requirements of the underlying zoning district requirements, except for more specific requirements that are adopted for the applicable Neighborhood Conservation Overlay District.
(3) Additional Overlay Zoning District Requirements
If a Neighborhood Conservation Overlay District is contained within another zoning overlay district(s), the most restrictive set of requirements shall prevail. A Neighborhood Conservation Overlay District shall not be included in the boundary of another Neighborhood Conservation Overlay District.
(4) Nonconforming Structures and Uses
Any structure or use located in a Neighborhood Conservation Overlay District not meeting the requirements for the applicable Neighborhood Conservation Overlay District shall be considered legal nonconforming and shall comply with Article 14-10 of this Chapter.
(5) Variances
Requests for a variance from the requirements of a Neighborhood Conservation Overlay District shall be heard by the Board of Adjustment as set forth in §14-3.16. Variances from maximum allowable density or permitted land uses established by a Neighborhood Conservation District are prohibited and shall be considered amendments to the Neighborhood Conservation Overlay District and shall be adopted by ordinance.
(6) Appeals
Any person who is aggrieved by a staff decision regarding Neighborhood Conservation Overlay District requirements may appeal that decision to the Board of Adjustment as set forth in § 14-3.17.
(B) Creation of Neighborhood Conservation Overlay Districts
(1) Except as set forth in paragraph (C) below, prior to the creation of a specific Neighborhood Conservation Overlay District, a neighborhood plan recommending the creation of the Neighborhood Conservation Overlay District as one of the plan's implementation policies shall be adopted as a General Plan amendment as set forth in §14-3.2.
(2) The creation of a specific Neighborhood Conservation Overlay District shall follow the procedures set forth in §14-3.1 (H)(I)(b) as for a City-initiated rezoning.
(3) After a Neighborhood Conservation Overlay District is officially created, amendments to the boundaries or the requirements shall also follow the provisions outlined in this §14-5.10(B).
(C) Creation of Neighborhood Conservation Overlay Districts Alternative
The procedures set forth in this paragraph (C) apply only when §14-3.2(D)(3)(e)(iv) occurs and a neighborhood plan is not prepared. For the purpose of calculating the percentages required in this paragraph (C), each parcel is entitled to a single vote no matter how many persons or entities might own a single parcel.
(1) Petition
A neighborhood may petition the City to develop a Neighborhood Conservation Overlay District. The petition shall contain a description of the proposed boundaries of the Neighborhood Conservation Overlay District and the signatures of 51 percent of the property owners of record in that area. The City may request proof of ownership.
(2) Inventory
An inventory of characteristics that are proposed to be regulated within the proposed Neighborhood Conservation Overlay District shall be completed by the neighborhood with assistance from City staff. The characteristics may include some or all of those characteristics described in paragraph (D)(2) below.
(3) Public Meetings
(a) Upon verification of the petition by the Land Use Department, staff shall hold at least 2 public meetings at which the proposed Neighborhood Conservation Overlay District boundaries and requirements shall be discussed and developed. The meetings shall be coordinated with City staff and held at a reasonable time and place to maximize public attendance.
(b) Notice for each public meeting shall follow the notice requirements for early neighborhood notification as set forth in §14-3.1(F)(3)(b). In addition to the postal notification, persons required to be notified of the public meetings may request an email notification from the City on the same day that postal notification is mailed for second or subsequent public meetings. In the event that the proposed boundaries are enlarged, notice shall be given to those additional property owners and physical addressees as if for the first scheduled meeting.
(4) Neighborhood Ballot
(a) When the Land Use Department has determined that 40 percent of the property owners of record within the proposed boundaries in attendance or represented by written proxy at the public meeting agree to the final proposed requirements governing the proposed Neighborhood Conservation Overlay District, the Land Use Department shall mail a ballot by regular mail to all property owners of record within those boundaries. The ballot shall ask for a single affirmative or negative vote for the proposed requirements. The City shall include a stamped envelope addressed to the Land Use Department for returning ballots.
(b) If within 30 days of mailing the ballot, the City receives an affirmative vote of the proposed requirements by 67 percent of the property owners within the proposed boundaries, the proposed Neighborhood Conservation Overlay District requirements shall be deemed to be approved by the neighborhood. The Land Use Director may extend the 30 days for an additional 15 days due to unforeseen circumstances.
(c) If the proposed requirements are not voted on in the affirmative by 67 percent of the property owners, a like or similar petition shall not be submitted within 12 months from the date of verification by the City that the proposed Neighborhood Conservation Overlay District has failed to receive the required affirmative vote.
(5) Adoption of Neighborhood Conservation Overlay District
After the proposed Neighborhood Conservation Overlay District requirements have been approved by the neighborhood, the procedures set forth in §14-3.5 with notice as set forth in §14-3.1(H)(1)(b) shall be followed as for a City-initiated rezoning. After a Neighborhood Conservation Overlay District is officially created, amendments to the boundaries or the requirements shall also follow the provisions outlined in this §14-5.10(C).
(D) Neighborhood Conservation Overlay Districts Requirements
(1) At a minimum, a Neighborhood Conservation Overlay District shall include all residentially zoned parcels within an area no less than 2 City blocks or 4 blockfaces unless the Land Use Director determines that the blocks are unusually long or short or that the neighborhood characteristics are significantly different within the blocks.
(2) Neighborhood Conservation Overlay Districts may regulate the following:
(a) Building design including, but not limited to, scale, mass, and distinctive architectural characteristics such as front porches, height or roof styles;
(b) Streetscape including, but not limited to, lot frontage, fences, walls, parking, lighting, and landscaping;
(c) Density except density bonuses as permitted in §14-8.11(G)(1);
(d) Lot coverage;
(e) Setbacks;
(f) Building height; and
(g) Property use except as set forth in paragraph (3) below.
(3) Neighborhood Conservation Overlay Districts shall not restrict the following:
(a) City-wide policies and priorities;
(b) Dwelling units marketed to or occupied by any certain income such as, but not limited to, any residential units covered by the Santa Fe Homes Program;
(c) Home occupations as set forth in §14-6.3(C)(2);
(d) Group or foster homes;
(e) Day care facilities;
(f) Public or private schools for elementary, middle or senior high students;
(g) Religious institutions; or
(h) Other uses determined by the Land Use Director as necessary for the health and safety of the neighborhood.
(4) Requirements shall be measurable, definitive and uniform and enforceable by the Land Use Department through the approval procedures set forth in this Chapter and the issuance of a building permit. A Neighborhood Conservation Overlay District shall not apply to a specific application required under this Chapter which has been submitted to the Land Use Department prior to the date of adoption of a Neighborhood Conservation Overlay District. If a subsequent but separate application for the same property is submitted after the date of adoption of the Neighborhood Conservation Overlay District, the requirements shall apply. It is not the intent of the Neighborhood Conservation Overlay Districts to enforce private covenants.
(E) Review and Report; Amendments
Staff shall make a report to the Governing Body regarding the implementation, management and enforcement of §14-5.10 prior to December 24, 2010 including, but not limited to, variances, appeals and related fees. Upon evaluation of the report, the Governing Body may consider amendments to the City Code regarding Neighborhood Conservation Overlay Districts.
(Ord. No. 2009-30 § 3)
(A) General Provisions
(1) Purpose
In order to protect the health, safety, and general welfare of the residents of Santa Fe, it is deemed by the Governing Body that neighbors be allowed to conserve their neighborhoods by collectively identifying their neighborhood's distinctive characteristics, including, but not limited to: streetscape, architectural features, density, lot coverage, setbacks, height and some property uses. The Neighborhood Conservation Overlay Districts are a means to propose conservation of the substantive physical character of the neighborhoods and are not intended to be used as a tool simply to resist minor changes in neighborhood character. By proposing establishment of these overlay districts and tailoring the regulations to the attributes of the built environment that make the neighborhood distinctive, neighborhoods will have a tool to proactively affect new development and thereby promote better harmony between new and existing structures.
(2) Underlying Zoning District Requirements
Property within a Neighborhood Conservation Overlay District shall be subject to the requirements of the underlying zoning district requirements, except for more specific requirements that are adopted for the applicable Neighborhood Conservation Overlay District.
(3) Additional Overlay Zoning District Requirements
If a Neighborhood Conservation Overlay District is contained within another zoning overlay district(s), the most restrictive set of requirements shall prevail. A Neighborhood Conservation Overlay District shall not be included in the boundary of another Neighborhood Conservation Overlay District.
(4) Nonconforming Structures and Uses
Any structure or use located in a Neighborhood Conservation Overlay District not meeting the requirements for the applicable Neighborhood Conservation Overlay District shall be considered legal nonconforming and shall comply with Article 14-10 of this Chapter.
(5) Variances
Requests for a variance from the requirements of a Neighborhood Conservation Overlay District shall be heard by the Board of Adjustment as set forth in §14-3.16. Variances from maximum allowable density or permitted land uses established by a Neighborhood Conservation District are prohibited and shall be considered amendments to the Neighborhood Conservation Overlay District and shall be adopted by ordinance.
(6) Appeals
Any person who is aggrieved by a staff decision regarding Neighborhood Conservation Overlay District requirements may appeal that decision to the Board of Adjustment as set forth in § 14-3.17.
(B) Creation of Neighborhood Conservation Overlay Districts
(1) Except as set forth in paragraph (C) below, prior to the creation of a specific Neighborhood Conservation Overlay District, a neighborhood plan recommending the creation of the Neighborhood Conservation Overlay District as one of the plan's implementation policies shall be adopted as a General Plan amendment as set forth in §14-3.2.
(2) The creation of a specific Neighborhood Conservation Overlay District shall follow the procedures set forth in §14-3.1 (H)(I)(b) as for a City-initiated rezoning.
(3) After a Neighborhood Conservation Overlay District is officially created, amendments to the boundaries or the requirements shall also follow the provisions outlined in this §14-5.10(B).
(C) Creation of Neighborhood Conservation Overlay Districts Alternative
The procedures set forth in this paragraph (C) apply only when §14-3.2(D)(3)(e)(iv) occurs and a neighborhood plan is not prepared. For the purpose of calculating the percentages required in this paragraph (C), each parcel is entitled to a single vote no matter how many persons or entities might own a single parcel.
(1) Petition
A neighborhood may petition the City to develop a Neighborhood Conservation Overlay District. The petition shall contain a description of the proposed boundaries of the Neighborhood Conservation Overlay District and the signatures of 51 percent of the property owners of record in that area. The City may request proof of ownership.
(2) Inventory
An inventory of characteristics that are proposed to be regulated within the proposed Neighborhood Conservation Overlay District shall be completed by the neighborhood with assistance from City staff. The characteristics may include some or all of those characteristics described in paragraph (D)(2) below.
(3) Public Meetings
(a) Upon verification of the petition by the Land Use Department, staff shall hold at least 2 public meetings at which the proposed Neighborhood Conservation Overlay District boundaries and requirements shall be discussed and developed. The meetings shall be coordinated with City staff and held at a reasonable time and place to maximize public attendance.
(b) Notice for each public meeting shall follow the notice requirements for early neighborhood notification as set forth in §14-3.1(F)(3)(b). In addition to the postal notification, persons required to be notified of the public meetings may request an email notification from the City on the same day that postal notification is mailed for second or subsequent public meetings. In the event that the proposed boundaries are enlarged, notice shall be given to those additional property owners and physical addressees as if for the first scheduled meeting.
(4) Neighborhood Ballot
(a) When the Land Use Department has determined that 40 percent of the property owners of record within the proposed boundaries in attendance or represented by written proxy at the public meeting agree to the final proposed requirements governing the proposed Neighborhood Conservation Overlay District, the Land Use Department shall mail a ballot by regular mail to all property owners of record within those boundaries. The ballot shall ask for a single affirmative or negative vote for the proposed requirements. The City shall include a stamped envelope addressed to the Land Use Department for returning ballots.
(b) If within 30 days of mailing the ballot, the City receives an affirmative vote of the proposed requirements by 67 percent of the property owners within the proposed boundaries, the proposed Neighborhood Conservation Overlay District requirements shall be deemed to be approved by the neighborhood. The Land Use Director may extend the 30 days for an additional 15 days due to unforeseen circumstances.
(c) If the proposed requirements are not voted on in the affirmative by 67 percent of the property owners, a like or similar petition shall not be submitted within 12 months from the date of verification by the City that the proposed Neighborhood Conservation Overlay District has failed to receive the required affirmative vote.
(5) Adoption of Neighborhood Conservation Overlay District
After the proposed Neighborhood Conservation Overlay District requirements have been approved by the neighborhood, the procedures set forth in §14-3.5 with notice as set forth in §14-3.1(H)(1)(b) shall be followed as for a City-initiated rezoning. After a Neighborhood Conservation Overlay District is officially created, amendments to the boundaries or the requirements shall also follow the provisions outlined in this §14-5.10(C).
(D) Neighborhood Conservation Overlay Districts Requirements
(1) At a minimum, a Neighborhood Conservation Overlay District shall include all residentially zoned parcels within an area no less than 2 City blocks or 4 blockfaces unless the Land Use Director determines that the blocks are unusually long or short or that the neighborhood characteristics are significantly different within the blocks.
(2) Neighborhood Conservation Overlay Districts may regulate the following:
(a) Building design including, but not limited to, scale, mass, and distinctive architectural characteristics such as front porches, height or roof styles;
(b) Streetscape including, but not limited to, lot frontage, fences, walls, parking, lighting, and landscaping;
(c) Density except density bonuses as permitted in §14-8.11(G)(1);
(d) Lot coverage;
(e) Setbacks;
(f) Building height; and
(g) Property use except as set forth in paragraph (3) below.
(3) Neighborhood Conservation Overlay Districts shall not restrict the following:
(a) City-wide policies and priorities;
(b) Dwelling units marketed to or occupied by any certain income such as, but not limited to, any residential units covered by the Santa Fe Homes Program;
(c) Home occupations as set forth in §14-6.3(C)(2);
(d) Group or foster homes;
(e) Day care facilities;
(f) Public or private schools for elementary, middle or senior high students;
(g) Religious institutions; or
(h) Other uses determined by the Land Use Director as necessary for the health and safety of the neighborhood.
(4) Requirements shall be measurable, definitive and uniform and enforceable by the Land Use Department through the approval procedures set forth in this Chapter and the issuance of a building permit. A Neighborhood Conservation Overlay District shall not apply to a specific application required under this Chapter which has been submitted to the Land Use Department prior to the date of adoption of a Neighborhood Conservation Overlay District. If a subsequent but separate application for the same property is submitted after the date of adoption of the Neighborhood Conservation Overlay District, the requirements shall apply. It is not the intent of the Neighborhood Conservation Overlay Districts to enforce private covenants.
(E) Review and Report; Amendments
Staff shall make a report to the Governing Body regarding the implementation, management and enforcement of §14-5.10 prior to December 24, 2010 including, but not limited to, variances, appeals and related fees. Upon evaluation of the report, the Governing Body may consider amendments to the City Code regarding Neighborhood Conservation Overlay Districts.
(Ord. No. 2009-30 § 3)
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