Special Meeting on Thursday, Feb. 5, 2025, at 6:00 P.M., Update of all Sections of the Code of Comprehensive Zoning Ordinances of the PHSZD (PHSZD Zoning Code)

Sign in is at 5:50 P.M.

COMMISSIONERS: DENISE BAKER, KYM FLECK, ELIZABETH HALEY, PETE RESER,

Public Meeting Agenda

1. Call to Order; Roll Call by the Commissioners to establish a Quorum.  

2. Proceed with a vote to approve the Agenda (a crucial step that sets the course of the meeting and ensures all topics are covered).  

3. Emergency Item, Review of Letter to Owner concerning abandon trailer east of Golf Course RD on Irving BLVD

4. Introduction of Update to all Sections of the PHSZD Zoning Code. The Update does not change existing Zone Classifications, the Area of Zone Subdistricts, or Zone Use.

5. The update aligns the PHSZD Zoning Code with current New Mexico Laws and Zoning Statutes. Over time, the New Mexico Legislature and courts set new rules that changed zoning laws. The 2009 Code was 78 pages and gave the Commission broad decision-making power. The new Code is about 400 pages because it gives more detailed criteria for planning decisions and development technical requirements.

6. The 2026 Code has seven parts, and there are more sections in the Code now. These include rules for liquor, tobacco, cannabis sales, and new permit types. The new Code is easier to read, with more defined terms. It uses a step-by-step numbering system, giving each subtopic its own number for easy reference.

7. The Commission organized the rules into seven parts.

   1. Division I lists what powers the Commission has.

   2. Division II now contains all definitions. These help enforce rules and explain words from state laws, including those for cannabis, and technical terms from fields like engineering and law. Some definitions are repeated in other sections for clarity.

   3. Division III covers how land is developed. This includes saving water, holding back stormwater, traffic and road rules, and making sure there are enough parking spaces. It also deals with problems like too much light, noise, and trash. Many rules try to keep nearby properties from being harmed by adjacent new developments.

   4. Division IV covers rules for residential properties (R-1 and R-2,) mixed-use and multifamily projects, or need a master-planned site or special zoning. This includes small guest houses and group homes. These rules help new or previously not allowed uses fit in without disturbing nearby properties.

   5. Division V includes the Commercial Base Zones and other commercial areas that allow mixed uses or need a master-planned site or special zoning. Division VI covers special land uses like parks, protecting local culture, community land trusts, and sites governed by other entities: Institutional (INS) and Unclassified Lands (UCL).

   6.  Division VII, Administration and Enforcement, shifts from land uses to how these areas are governed, and has expanded significantly.

      1. Section 38: Nuisance, Abatement and Enforcement meets District Court criteria for a complaint process, court assessments, fines, and enforcement.

      2. Section 41: Appeals to District Court covers requirements for appeals beyond the internal review (Administrative Rehearing) conducted by the Commission.

      3. Non-conforming Properties, Administration, Changes to the Zone Map and Ordinances, and Zone Verification for Licensure are new or expanded Sections.

      4.  The 2026 Code has a guide (the Appendix) that explains procedures instead of listing rules. It gives references from New Mexico and Bernalillo County Technical Guides and includes a Commissioner’s handbook. 

8. Commissioner Comments and Questions

9. Public Comments are limited to eight minutes each. Please direct your questions to the Chair. The Chair may direct the answer to other Commissioners. Repeated questions will be noted for the record but the answers may have been given.

10. Closing statements by the Commissioners.

11. Adjourn to the next meeting.

Scheduled Zoom Meeting Link.

Topic: Special Meeting for PHSZD Zoning Code Update

Time: Feb 5, 2026 06:00 PM Mountain Time (US and Canada)

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