AUGUST 3, 2021 SPECIAL MEETING
This is an announcement of a special meeting of the Paradise hills Special Zoning District Commission on Tuesday August 3, 2021. THE MEETING is via Zoom at 7:00 PM MST. A link to the Zoom meeting is provided on the MEETINGS page of the PHSZD website:
The Purpose of the meeting is to establish Administrative procedures, supporting documents and notification for an ADMINISTRATIVE PUBLIC HEARING TO BE SCHEDULED later this month for the Paradise Community Center expansion and modification of the Special Use Permit for 5901 Paradise Blvd.
THE PARADISE HILLS SPECIAL ZONING DISTRICT COMPREHENSIVE ORDINANCE, SECTION 13: SPECIAL USE PERMIT REGULATIONS, states:
"A. By Special Use Permit the District Zoning Commission may authorize the location of uses in any zone in which they are not permitted by other sections of this ordinance; the District Zoning Commission may likewise authorize the increase in height of buildings and any density, intensity, area, yard, lot and sign size limitations beyond the limits set by previous sections of this ordinance. With such permits, the District Zoning Commission may impose such conditions and limitations as it deems necessary:
1. To assure that the degree of compatibility of property uses that this section is intended to promote and preserve shall be maintained with respect to the specific use on the particular site and consideration of existing and potential uses of property within the zone and the general area in which the use is proposed to be located.
2. To assure that the proper performance standard and conditions are, whenever necessary, imposed upon uses which are, or which reasonably may be expected to become, obnoxious, dangerous, offensive or injurious to the health, safety, or welfare of the public, or a portion thereof, by reason of the emission of noise, smoke, dust, fumes, vibration, odor, or other harmful or annoying substances.
3. To preserve the utility, integrity and character of the zone in which the use will be located without adversely affecting adjacent zones.
4. To provide specific standards, allowances or limitations within some or all of the areas designated Planned Development (Section 14), thereby encouraging development performance (intent) in addition to the underlying zone, and providing for guidance in subsequent Site Plan preparations. Where so used, the provision of Special Use Permits (or intent to permit) generally allows an increase of building and development intensities and limitations and, if the P.D. is abandoned or S.U. revoked, the underlying zone becomes more restrictive.
5. To assure that the use will not be or become detrimental to the public interest, health, safety, convenience, or the general welfare.
6. The District Zoning Commission will review the application and progress of development three (3) years from the date of approval of the application and each year thereafter until completion of the plan, and if appropriate, make a decision as to continue or revoke the Special Use Permit. "
Bernalillo County staff from the parks and Recreation/open Space, Planning, and Design, and Design/Engineering Departments and their agents, Sam Sterling Architects LLC completed pre-application meetings with the PHSZD Commission during a public meeting via Zoom to explain a revision of the Parks and Recreation Plan for 5901 Paradise Blvd, and the Paradise Hills Community Center. The proposal is an amendment of the existing Special Use plan. The applicants previously completed a PHSZD zoning permit application. There were advertised public meetings at the Paradise Community Center to review and discuss the proposal. Public comments were submitted from advocates, the community at large and residents with standing. This input was integrated into the plan prior to the application submission.
The site was originally approved by the Bernalillo County Commission. Some delegations of enforcement to the Bernalillo County Commission are outside the permitting delegations of the PHSZD Commission, including regional traffic and hydrology.
The PHSZD Commission is adopting a process for the final administrative amendment of the permit. Administrative amendments to special use permits apply only to special use permits that having been previously approved by the Bernalillo County Commission or the Paradise Hills Special Zoning District Commission (PHSZD Commission). The scope of these changes is limited to site layout, building placement, and/or a decrease or increase of the site to specific uses in the overall area of the special use permit.
It is the burden of the applicant to prove:
· The proposed amendment will result in an equal or less intense use of the land than that first approved by the Bernalillo County Commission or PHSZD Commission. Any proposed amendment will result in an equal or less intense use of the land allocated by use than approved by the Paradise Hills Special Zoning District Commission.
· No minimum requirement or additional requirement imposed on the development plan by the Paradise Hills Special Zoning District Commission will be modified.