Agenda - Planning Commission - 04/01/1997

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Page 4 -- February 25, 1997 Z.B. however, require BP to increase security and lighting. Liberty Savi;~gs J3aJ~k v. Ketteri~g, 665 N.E. 2d 1322 (J995). Laird v. McKeesport, 489 A.2d 942 (1985). Zoning Change -- City says annexed property needn't conform with ordinance West Old TowJz Neighborhood Association v. City of Albuquerque, 927 P..2d 529 (New Mexico) 1996 In addition to its planning ordinance, the city of Albuquerque, N.M., relied on "sector development plans" which covered large areas and specified standards for maintaining an area's character. Under the city's planning ordinance, sector development plans "create[d] special zoning regulations for the area covered," as opposed to other development plans that could only propose zoning. To approve or amend a sector development plan, the city followed the same procedures it would for a zoning map amendment, but passed the plan by resolution rather than by ordinance. One of the city's sector development plans applied to the Old Town area, which was outside the city's boundaries. The area, described in the sector plan as "semi-rural," fell under the Bernalillo County zoning regulations. A construction company that owned property in the Old Town area asked the city to annex the property so it could benefit from the city's water and sewer services. Once annexed, the property would be designated RA-1 (allowing two dwellings per acre) under the sector plan. The company asked the city to rezone the property RA-2 (allowing four dwellings per acre), once annexed. On the recommendation of the city's Environmental Planning Commission, the city council's Land Use, Planning and Zoning Committee designed a compromise to the company's request: The city would annex the property, but call it "SU-I" (special use), with a density between RA-t and RA-2. Since the sector plan didn't permit SU-1 zones, the city would then amend the plan accordingly. The city council passed a new ordinance that annexed the property and designated it SU-1. It then passed a resolution to amend the sector plan for only the property in question. The West Old Town Neighborhood Association asked a court to review the council's zoning decision and its amendmen~ of the sector plan (but not the annexation). The association claimed both procedures constituted "rezoning," so the city should have followed proper rezoning protocol, which included a public hearing and review of certain criteria. The city argued the annexed area had never before been zoned because it was outside city boundaries. It said the sector plan's "semi-rural" designation was only advisory, since sector plans were adopted by resolution rather than by ordinance. According to the city, since the property had never been zoned, it was free to simply choose an initial zone without following rezoning procedures. The court affirmed the council's decision, finding it %as not arbitrary and