F/S(2) Amending The Provisions Of Sections 14-16-2-16(A)(7), 14-16-2-16(B), 14-16-2-17(A)(8) and 14-16-2-17(B) ROA 1994, To Allow And Encourage Residential Dwelling Units In Appropriate Locations In C-1 Neighborhood Commercial And C-2 Community Commercial Zones (Jones)

CITY of ALBUQUERQUE NINETEENTH COUNCIL COUNCIL BILL NO. F/S(2) O-11-64 ENACTMENT NO. ________________________ SPONSORED BY: Trudy E. Jones ORDINANCE t F/S(2) Amending The Provisions Of Sections 14-16-2-16(A)(7), 14-16-2-16(B), 14-16-2-17(A)(8) and 14-16-2-17(B) ROA 1994, To Allow And Encourage Residential Dwelling Units In Appropriate Locations In C-1 Neighborhood Commercial And C-2 Community Commercial Zones (Jones) b Amending The Provisions Of Sections 14-16-2-16(A)(7), 14-16-2-16(B), 14-16-2-17(A)(8) and 14-16-2-17(B) Roa 1994, To Allow And Encourage Residential Dwelling Units In Appropriate Locations In C-1 Neighborhood Commercial And C-2 Community Commercial Zones. BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE: SECTION 1. Section 14-16-2-16(A)(7)ROA 1994, C-1 NEIGHBORHOOD COMMERCIAL ZONE is amended to read as follows: “(7) Residential uses permissive in the R-3 Zone with the following [+requirements and+] exceptions: (a) [Houses are not allowed;] [+Relationship to Sector Development Plans. 1. Where SU-2 zones refer to the C-1 zone and specify regulations for residential uses that impose different restrictions and/or development standards than those contained in this section, the provisions of the SU-2 zones shall prevail. 2. Where SU-2 zones refer to the C-1 zone but do not specify provisions for the regulation of residential uses, residential development shall be regulated by section (B)(6) below.+] (b) [No less than 20% and no more than 60% of the gross floor area of the structures on the site shall be developed with residential uses;] [+Site, or any portion thereof, shall be located within 660 feet from the right-of-way line of a Major or Enhanced Transit Corridor or within a Community or Major Activity Center as designated by the Comprehensive Plan, or be located within a designated Metropolitan Redevelopment Area (MRA).+] (c) [Residential uses shall be part of a vertical mix of uses (e.g. residential over commercial or residential over office).] [+Houses are not allowed.+] [+(d) Residential uses may be part of a vertical mix of uses (e.g. residential over commercial or residential over office).+] [(d)] [+(e)+] Where residential uses are proposed, the following regulations shall apply: 1. Area: minimum of [+0.+]5 acres. 2. Height: Pursuant to the R-3 Zone [-.-] [+, including mixed use buildings with a residential component, may use the R-3 height limits and are not capped by § 14-16-2-16(C).+] 3. Number of dwelling units: Maximum 30 dwelling units per acre, however residential structures constructed in applicable sites located within 660 feet of the centerline of San Mateo Blvd., Central Ave. and Montgomery Blvd. may have up to 50 dwelling units per acre. 34. Density: The total square footage of all buildings shall achieve a minimum floor area ratio of 0.3. 45. Usable open space: Pursuant to the R-3 Zone. At least 50% of the required open space shall be provided in the form of shared or aggregate open space. 56. [Shared p] [+P+]arking [+requirements and allowances+]: [As provided in § 14-16-3-1(E)(6)(b) except that parking for residential uses is eligible for a shared parking exception.] [+a. 1 space/unit; [b. Shared Parking: As provided in § 14-16-3-1(E)(6)(b) except that parking for residential uses is eligible for a shared parking exception. [c. On-street parking credit: 1 space per available, adjacent on-street parking space.+] 67. Approval process: Site Development Plan for Building Permit approval by the Environmental Planning Commission [+for sites 5 acres in size and larger. Site development plan approval by the Planning Director or his/her designee for sites under 5 acres in size+].” [+78. For new residential development, in addition to the applicable General Regulations in the City Zoning Code, the following regulations must also be met: a. Building Frontage and Articulation. The following regulations shall apply to all facades fronting a street: i. The design standards of § 14-16-3-18 (C)(2)(a)(b)(c)(d) and (e) shall apply. ii. The design standards of § 14-16-3-18 (D)(2), except section (h), shall apply. iii. A minimum of 30% of the ground floor shall have windows. For facades with doors, the percentage of windows may be reduced to 20%. iv. Upper floors shall have a minimum of 20% glazing. v. The primary entry to the building shall be oriented toward the street or within 50 feet of a central courtyard. b. Alleys: Existing alleys should remain in place to provide access to a site. c. Building Placement: i. Buildings shall be set back 0 to 15 feet from property lines adjacent to a street. ii. Side and rear setbacks shall be pursuant to the underlying zone. d. Pedestrian Access: Residential uses shall provide direct pedestrian connections from the residential building(s) to all street sidewalks and to other buildings(s) on the premise or project site. See §14-16-3-1-H.+] e. Landscaping: i. Building setbacks not used for pedestrian activity shall have a minimum landscape area of 50%. Asphalt is not a permitted material within the setback area. ii. Landscaping on roof decks may be counted toward the required area landscaping as regulated by §14-16-3-10 . f. Parking Placement: Parking shall be located to the rear or to the side of a building, in a common parking area located interior to the block, or in a combination of the above. Parking is not permitted between a building and the street on which it fronts. Parking areas between a building and a side street are limited to 64 feet in width and shall have landscaped buffers facing the streets with a minimum depth of 4 feet and a screen wall with a minimum height of 36 inches. Wall material shall be as regulated by §14-16-3-19(c). g. Signage: Signage shall be as regulated by the O-1 zone, with the following exceptions: i. Building-mounted signs shall be limited to 25 square feet. ii. No more than one wall-mounted sign per building façade. iii. Freestanding signs are not permitted on premises of under five acres. iv. The maximum height of freestanding signs is eight feet. 89. Redevelopment of existing structures that results in a net 25% increase in square footage shall comply with the preceding regulations as determined by the Planning Director or his or her designee.”+] SECTION 2. Section 14-16-2-16(B) ROA 1994, C-1 NEIGHBORHOOD COMMERCIAL ZONE is amended by adding a the following two new subsections (2) and a new subsection (6), as followsin alphabetical order, and by renumbering the other subsections accordingly: [+(2) “Apartment, as permitted in (A)(7) above, if there are more than 30 dwelling units per acre but not more than 50 dwelling units per acre. Conditional use applications shall be considered on the basis of a site plan.” and+] [+(6) “Dwelling unit (house, townhouse, apartment), for properties that do not meet the criteria of (A)(7)(b) and (A)(7)(e)1 above or with SU-2 zoning that refers to the C-1 zone but does not specify provisions for the regulation of residential uses, provided: (a) There are not over 30 dwelling units per net acre. (b) Usable open space is provided on site in an amount equal to 400 square feet for each efficiency or one-bedroom dwelling unit, 500 square feet for each two-bedroom unit, and 600 square feet for each dwelling unit containing three or more bedrooms. If located in an area designated by the master plan as “Developing” or “Semi-Urban,” the total open space requirements of the R-D or RA-1 zone, respectively, shall be met. (c) Development shall comply with the regulations specified in (A)(7)(e)7 above.”+] SECTION 3. Section 14-16-2-17(A)(8) ROA 1994, C-2 COMMUNITY COMMERCIAL ZONE is amended to read as follows: “(8) Residential uses permissive in the R-3 Zone with the following [+requirements and+] exceptions: (a) [Houses are not allowed;] [+Relationship to Sector Development Plans. 1. Where SU-2 zones refer to the C-2 zone and specify regulations for residential uses that impose different restrictions and/or development standards than those contained in this section, the provisions of the SU-2 zones shall prevail. 2. Where SU-2 zones refer to the C-2 zone but do not specify provisions for the regulation of residential uses, residential development shall be regulated by section (B)(6) below.+] (b) [No less than 20% and no more than 60% of the gross floor area of the structures on the site shall be developed with residential uses;] [+Site, or any portion thereof, shall be located within 660 feet from the right-of-way line of a Major or Enhanced Transit Corridor or within a Community or Major Activity Center as designated by the Comprehensive Plan, or be located within a designated Metropolitan Redevelopment Area (MRA).+]Site, or any portion thereof, shall be located within 660 feet from the right-of-way line of a Major or Enhanced Transit Corridor or within a Community or Major Activity Center as designated by the Comprehensive Plan, or be located within a designated Metropolitan Redevelopment Area (MRA). (c) [Residential uses shall be part of a vertical mix of uses (e.g. residential over commercial or residential over office).] [+Houses are not allowed.+] [+(d) Residential uses may be part of a vertical mix of uses (e.g. residential over commercial or residential over office).+] [(d)] [+(e)+] Where residential uses are proposed, the following regulations shall apply: 1. Area: minimum of [+0.+]5 acres. 2. Height: Pursuant to the R-3 Zone. 3. Number of dwelling units: Maximum 30 dwelling units per acre, however residential structures constructed in applicable sites located within 660 feet of the centerline of San Mateo Blvd., Central Ave. and Montgomery Blvd. may have up to 75 dwelling units per acre. 34. Density: The total square footage of all buildings shall achieve a minimum floor area ratio of 0.3. 45. Usable open space: Pursuant to the R-3 Zone. At least 50% of the required open space shall be provided in the form of shared or aggregate open space. 56. [Shared p] [+P+]arking [+requirements and allowances+]: [As provided in § 14-16-3-1 <http://www.amlegal.com/nxt/gateway.dll?f=id$id=Albuquerque%20Code%20of%20Ordinances%3Ar%3A4a0a$cid=new%20mexico$t=document-frame.htm$an=JD_14-16-3-1$3.0>(E)(6)(b) except that parking for residential uses is eligible for a shared parking exception.] [+a. 1 space/unit; [b. Shared Parking: As provided in § 14-16-3-1(E)(6)(b) except that parking for residential uses is eligible for a shared parking exception. [c. On-street parking credit: 1 space per available, adjacent on-street parking space.+] 67. Approval process: Site Development Plan for Building Permit approval by the Environmental Planning Commission [+for sites 5 acres in size and larger. Site development plan approval by the Planning Director or his/her designee for sites under 5 acres in size+].” [+78. For new residential development, in addition to the applicable General Regulations in the City Zoning Code, the following regulations must also be met: a. Building Frontage and Articulation. The following regulations shall apply to all facades fronting a street: i. The design standards of § 14-16-3-18 (C)(2)(a)(b)(c)(d) and (e) shall apply. ii. The design standards of § 14-16-3-18 (D)(2), except section (h), shall apply. iii. A minimum of 30% of the ground floor shall have windows. For facades with doors, the percentage of windows may be reduced to 20%. iv. Upper floors shall have a minimum of 20% glazing. v. The primary entry to the building shall be oriented toward the street or within 50 feet of a central courtyard. b. Alleys: Existing alleys should remain in place to provide access to a site. c. Building Placement: i. Buildings shall be set back 0 to 15 feet from property lines adjacent to a street. ii. Side and rear setbacks shall be pursuant to the underlying zone. d. Pedestrian Access: Residential uses shall provide direct pedestrian connections from the residential building(s) to all street sidewalks and to other buildings(s) on the premise or project site. See §14-16-3-1-H.+] e. Landscaping: i. Building setbacks not used for pedestrian activity shall have a minimum landscape area of 50%. Asphalt is not a permitted material within the setback area. ii. Landscaping on roof decks may be counted toward the required area landscaping as regulated by §14-16-3-10. f. Parking Placement: Parking shall be located to the rear or to the side of a building, in a common parking area located interior to the block, or in a combination of the above. Parking is not permitted between a building and the street on which it fronts. Parking areas between a building and a side street are limited to 64 feet in width and shall have landscaped buffers facing the streets with a minimum depth of 4 feet and a screen wall with a minimum height of 36 inches. Wall material shall be as regulated by §14-16-3-19(c). g. Signage: Signage shall be as regulated by the O-1 zone, with the following exceptions: i. Building-mounted signs shall be limited to 25 square feet. ii. No more than one wall-mounted sign per building façade. iii. Freestanding signs are not permitted on premises of under five acres. iv. The maximum height of freestanding signs is eight feet. 89. Redevelopment of existing structures that results in a net 25% increase in square footage shall comply with the preceding regulations as determined by the Planning Director or his or her designee.”+] SECTION 4. Section 14-16-2-17(B) ROA 1994, C-2 COMMUNITY COMMERCIAL ZONE is amended by adding a the following two newnew subsections (2) and a new subsection (6), as followsin alphabetical order, and by renumbering the other subsections accordingly: [+(2) “Apartment, as permitted in (A)(8) above, if there are more than 30 dwelling units per acre but not more than 75 dwelling units per acre. Conditional use applications shall be considered on the basis of a site plan.” and+] [+(6) “Dwelling unit (house, townhouse, apartment), for properties that do not meet the criteria of (A)(8)(b) and (A)(8)(e)1 above or with SU-2 zoning that refers to the C-1 zone but does not specify provisions for the regulation of residential uses, provided: (a) There are not over 30 dwelling units per net acre. (b) Usable open space is provided on site in an amount no less than specified in the R-3 zone; no more shall be required than specified in the R-2 zone except if located in an area designated by the master plan as “Developing” or “Semi-Urban,” the total open space requirements of the R-D or RA-1 zone, respectively, shall be met. (c) Development shall comply with the regulations specified in (A)(8)(e)7 above.”+] SECTION 5. SEVERABILITY CLAUSE. If any section, paragraph, sentence, clause, word or phrase of this ordinance is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this ordinance. The Council hereby declares that it would have passed this ordinance and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid. SECTION 6. COMPILATION. This ordinance shall be incorporated in and compiled as part of the Revised Ordinances of Albuquerque, New Mexico, 1994. SECTION 7. EFFECTIVE DATE. This ordinance shall take effect five days after publication by title and general summary. X:\SHARE\Legislation\Nineteen\O-64fs2final.doc