T F UTY rdinance o. 2008-5 I MDIG TIL XIV, TDITIL D TMY MMUITY ZIG DITIT, F TH T F UTY LD DVLPMT D, I 1996-10, MDD, T DD W TI 12, JQU VLLY TDITIL MMUITY DITIT. B IT ID BY TH B F UTY MMII F T F UTY THT TH T F UTY LD DVLPMT D, I 1996-10, TIL XIV, TDITIL D TMY MMUITY ZIG DITIT ( MDD), I HBY MDD T DD W TI 12, FLLW: ec. 12. JQU VLLY TDITIL MMUITY DITIT 12.1 pplicability. This rdinance applies to the territory on the Pojoaque Valley Traditional ommunity ( ) District Map (ttachment ) within the District Boundary. ttachment B describes the District Boundary. B. The foregoing notwithstanding, should any Pueblo within whose exterior boundary the territory lies assert jurisdiction to zone the territory, that assertion may limit applicability of this rdinance.. Development within the District shall be governed by the provisions of this rdinance and the Land Development ode. 12.2 Purpose This rdinance is intended to implement the land use goals, strategies and intent of the Pojoaque Valley ommunity trategic Plan, esolution 2007-120, and the planning policies of the Growth Management Plan s ommunity and District Planning and Traditional and ontemporary ommunities sections. 12.3 Zoning ub-districts stablished The following Zoning ub-districts are hereby established and in the District. Zoning ub-districts Pojoaque Valley Traditional esidential () Pojoaque Valley Traditional Mixed-Use (MU) 1
12.4 District Use Table. Principal Uses ommentary: Principal uses are the dominant uses allowed on a lot in a sub-district and define the character of the zone. ccessory uses are uses or structures customarily associated with a principal use and are incidental and subsidiary to principal uses on a lot. For example, residences are the principal use; accessory uses with a residence might be a home occupation, the keeping of animals for personal use, small scale agricultural uses or a guest house. P - Permitted Uses Permitted Use ("P") indicates that a use is permitted in the zoning district, in accordance with an approved Development Permit. For a on-esidential or Multi-Family Use, an approved Development Plan is required. Development Plan for a Permitted Use may be approved administratively. - onditional Uses onditional Use ("") indicates that a use is permitted in the zoning district so long as a Development Plan is approved by the ounty Development eview ommittee ("D") or applicable Local Development eview ommittee ("LD"). - pecial Uses pecial Use ("") indicates that a use is permitted in the zoning district so long as a Development Plan is reviewed by the D or applicable LD and approved by the Board of ounty ommissioners. Uses ot llowed blank cell (without a P, or ) indicates that a use type is not allowed in the subdistricts. Uses ot Listed Uses not listed may be allowed in accordance with the provisions of rticle III, ection 4.3.4. B. Use ategories (ection eserved). ccessory Uses ccessory uses are subject to applicable provisions of the ode. D. Temporary Uses Temporary uses are subject to applicable provisions of the ode. ommentary: Use tandards must meet requirements outlined in the anta Fe ounty Land Development ode, as amended. The Use Table, below, is organized into 5 major use groups: esidential Use, Public, ivic and Institutional Use, etail, ervice and ommercial Use, Industrial Use, and pen Use. ach major use group is further divided into specific uses. The use category system is based on common functional, product or compatibility characteristics, thereby regulating uses in accordance with criteria directly relevant to the public interest. haracteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, likely impact on surrounding properties, and site conditions. 2
Use ategories pecific Uses esidential Use ategories (ec. Household Living Group Living ll household living not listed below esidential ingle-family dwellings and manufactured homes P P Two-family dwellings (duplexes) P P Multi-family dwellings Manufactured home communities and subdivisions Mobile homes P P Upper floor residential P ll group living not listed below ommunity residential homes P P Family compounds Public, ivic, and Institutional Use ategories (ec. Mixed-Use Use tandards Place of Worship ll places of worship Day are ommunity ervice ducational Facilities Government Facilities Parks and pen paces Passenger Terminal ocial ervice Institutions ll day care not listed below (ccessory Home-based) Day care (6 or more adults or children) ll community service not listed below ommunity facilities P Libraries P Museums P Philanthropic institutions P enior centers P ll educational facilities not listed below lementary school Middle or high school olleges or universities Business and vocational schools ll government facilities not listed below mergency services P Jail or prison Post ffice P ll parks and open space not listed below emetery, columbaria, mausoleum, memorial park Public parks ll passenger terminals not listed below irports irports or heliport, private ll social service institutions 3
Use ategories Utilities pecific Uses esidential Utilities not listed below Major utilities Minor utilities Telecommunications facilities etail, ervice and ommercial Use ategories (ec. ntertainment ll major entertainment events, not listed below vents, Major Fairgrounds Mixed-Use Use tandards Medical ervices ffice Parking, ommercial Transient ccommodations Indoor ecreation utdoor ecreation estaurants and Bars ll medical services not listed below Hospitals Medical and dental offices/clinics P mergency medical offices P ll offices not listed below Banks and other financial institutions ffices (<5,000 square feet) P ffices (>5,000 to 20,000 square feet) P ffice uses (>20,000 square feet) ll commercial parking lots and garages ll transient accommodations not listed below Inns and bed and breakfasts (<7 units) P Inns and bed and breakfasts (7-12 dwelling units) Hotels, motels, and inns (>12 dwelling units) esorts (with or without conference centers) ll indoor recreation not listed below dult entertainment onvention or conference center Private clubs and lodges (not-for-profit) ntertainment and recreation, indoor ll outdoor recreation not listed below Golf courses ecreational uses, outdoor utfitter and guide services acetracks and stadiums ecreational vehicle park/campground iding academies and public stables ll restaurants and bars not listed below estaurants (ee also Home estaurants) P estaurant, serving beer, wine, or liquor ec. 12.6. ec. 12.6. 4
Use ategories etail ales and ervice Vehicle ales and ervice torage pecific Uses Taverns and bars ll indoor retail sales and services not listed below esidential rt galleries or dealers P ppliance, bicycle, jewelry, shoe or watch repair onvenience stores xercise or dance studios P Gasoline and fuel sales Liquor stores utdoor markets Personal service establishments P etail establishments, indoor <5,000sf etail establishments, indoor >5,000sf to 20,000 sf etail establishments, indoor >20,000 sf Vehicle parts and accessories Video and DVD rental establishments Vehicle sales and service not listed below Vehicle service, general Vehicle service, intensive Vehicle sales and leasing torage not listed below Mini-storage units Industrial Use ategories (ec. Industrial ales and ervice Warehouse and Freight Movement Waste-related ervices Industrial sales and service not listed below rts and crafts Manufactured home sales and service Manufacturing or assembly of equipment Plumbing and electrical contractors esearch, testing and development laboratory Woodworking, including cabinet makers and furniture manufacturing Warehouse and freight movement not listed below Transport and shipping Truck stops utdoor storage yards Waste-related services not listed below Landfills ecycling facilities Wholesale Trade Wholesale trade not listed below Mixed-Use P P Use tandards ec. 12.6. ec. 12.6. 5
Use ategories pecific Uses esidential Mixed-Use Use tandards quipment rental Heavy Industrial esource xtraction pen Use ategories (ec. griculture gricultural Business (ec. Mail-order houses ll heavy industrial ll resource extraction not listed below Mining and extractive uses and and gravel operations ll agriculture not listed below P griculture, grazing and ranching P ll agricultural business not listed below nimal boarding or training (large animals) nimal boarding, kennels, shelters (small animals) nimal breeding (commercial) and development nimal hospital or veterinarian (large animal) nimal hospital or veterinarian (small animal) nimal raising (commercial) nimal processing, packing, treating, and storage Dairy farm or milk processing plant, commercial Greenhouse or nursery Feed lot, commercial Livestock auctions or stock yards Livestock or poultry slaughtering or dressing Processing of food and related products Packing house for fruits or vegetables etail sales of farm equipment and supplies Tree or sod farm, retail or wholesale 6
12.5 Density and Dimensional tandards The following density and dimensional standards apply in the District. ommentary: The density and dimensional standards set forth in this section are not a guarantee that stated development density and intensities can be attained. ther factors water and other public facility availability, infrastructure capacity, building layout, physical limitations, and parking configuration to name a few may have the effect of limiting development intensity more than the stated standards. District Density and Dimensional tandards Minimum Lot rea/principal Use (acres) Base Density/ Intensity ommunity ervices Max Lot overage (%) Max. Height (ft) Min. etbacks (ft) (1-esidential and onresidential Uses) ub Districts es Uses on es Uses Water ons. Long Term Water Water ewer Both W& esidential Uses on es esidential Uses Uses F MF on es Uses Front & treet ide Interior ide ear esidential.75.75.75.75.33 40 24 24 24 0 5 5 Mixed-Use.75.75.75.75.33 40 24 24 24 0 20 20 ote: (1) etbacks shall be measured from the property line, unless the property line is within a road easement, in which case the setback shall be measured from the interior edge of the road easement. 7
12.6 upplemental Use tandards. on-esidential tandards 1. ew on-esidential structures shall not exceed 20,000 square feet or the maximum lot coverage specified in ection 12.5, whichever is less. B. Home Business Home businesses are allowed, in addition to Home ccupations, throughout the District. Home businesses include, but are not limited to, retail shops, galleries, offices or restaurants. They are a onditional Use, and may be allowed as accessory uses to single-family dwellings provided they comply with the following: 1. ite Development Plan is required. 2. The home business shall be clearly incidental and secondary to the residential use of the property. 3. o more than 2,500 square feet shall be used for the home business. 4. The owner of the business shall reside on-site. 5. o more than six (6) persons not members of the family residing on the premises shall regularly work at the home business. 6. The business shall not be disruptive of the residential character of the neighborhood. 7. ll outdoor storage shall be screened and there shall be no more than 1,000 square feet of such storage related to the home business. 8. The home businesses may have a maximum of one sign, provided it complies with other applicable provisions of the ode. 9. o equipment or process shall be used that significantly interferes with existing uses of property in the adjacent area. 10. The business shall not create any disturbing or offensive activity, noise, vibration, smoke, dust, odor, heat, glare, or other unhealthy or unsightly condition. 11. The home business shall not create traffic or parking problems. 12. ff-street, on-site parking shall be required for employees, customers, and clients of the home business, in addition to parking required by other applicable provisions of the ode.. ural ommunity haracter In order to protect the rural community character including the scenic, habitat, natural, or historic landmarks and features, encourage preservation of agricultural practices, and preserve traditional development patterns, the following is applicable: 1. tructures may be clustered to preserve natural open areas and allow landowners to maintain a property s agricultural practices to protect the character, values, and utility of the land. 2. In the placement of new developments or the subdividing of any land, due regard shall be shown to the preservation of existing landforms and natural features, including but not limited to the following: a. Development shall be designed to preserve and enhance natural features and resources such as, but not limited to, ignificant Trees, natural Watercourses, acequias, rock outcroppings, and historical and cultural community assets as outlined in the Historic and ultural ites, Landmarks, and rchaeological Districts section of the ode. 8
ommentary: Undesirable/invasive species of trees are not considered ignificant trees. These include iberian lms (Ulmas pumila), ussian lives (laeagnus angustifolia), and alt edar (Tamarix spp.) b. ny property that contains an acequia or an acequia easement shall identify this traditional irrigation structure both on the plat and on the development plan. Prior to any land disturbance activity on a parcel, tract, or lot bisected by, or directly adjacent to an acequia, the affected acequia association and/or the Pojoaque Valley Irrigation District shall be contacted for review of the proposed activity before any development permits are issued. 3. dded landscape elements should observe and respect the size, placement, character and type of such materials employed on adjacent or nearby properties. D. Wastewater/Water 1. copy of any required liquid waste disposal permit issued by the ew Mexico nvironment Department and a copy of any permit issued by the ffice of the tate ngineer pursuant to M 1978, 72-12-1 shall be presented at the time of an application for Development. ommentary: mendment of provisions of this section of the rdinance may be required to comply with federal and state legislation that is expected to be enacted as a result of the settlement in the amodt water adjudication. 12.7 Mixed-Use Zoning ub-districts. Performance tandards 1. The Mixed-Use Zoning ub-districts allow for an integration of residential, commercial, institutional and agricultural uses. 2. ll non-residential development in the Mixed-Use Zoning ub-districts shall be compatible with existing land use patterns, existing residential areas, land ownership characteristics, and geographic features near the property. B. Location 1. Boundaries of the Mixed-Use Zoning ub-districts are shown on the District Map (ttachment ). 2. The Mixed-Use ub-district boundaries in Jacona are located on M 502 and consist of: a. Those areas that lie 500 feet from the right of way, into the properties adjacent to.m. 502. b. Two parcels south of M 502 and north of the Pojoaque Valley chool District at the Jacona ampus, and one parcel north of M 502. 3. The Mixed-Use ub-district boundary in Pojoaque follows property lines of specific parcels east and west of U.. 84-285 between M 503 intersection and 109 (orth hining un oad). a. Properties included in this ub-district are those parcels with direct access to U.. 84-285 from ld Pueblito oad, and the parcels located off the frontage road access on Grazing lk Drive. 9
b. lso included are those parcels located east of the U.. 84-285 frontage road adjacent to amino Trujillo. 4. The Mixed-Use ub-district boundary in uyamungue is located off the frontage road on the west side of U.. 84-285 in the northern area of uyamungue.. ther 1. Properties that were previously eligible for on-esidential zoning pursuant to the former ommunity enter District, encompassing the intersection of U.. 84-285 and M 503 and emanating outward 1750 feet from this qualifying intersection, shall retain their zoning. Properties that were eligible for on-esidential zoning and had not been rezoned shall not be eligible to use the former ommunity enter District for the purpose of rezoning. 12.8 ommunity otice and Procedural equirements In addition to the notice and public hearings standards in rticle II, ection 2.4 of the ode, the following standards shall apply:. Posting otice of pending applications for land divisions, family transfers, subdivisions, rezoning, home businesses, non-residential uses, or other applications requiring committee review, shall be prominently displayed at a site or sites that will afford maximum visibility to parties potentially impacted by the subject of the application. B. Pre-application eview 1. pplicants for any residential development of five (5) or more lots, as well as non-residential development projects with large-scale impacts, shall publicize and hold a pre-application community-wide meeting to present the proposed development concept and gather public comments and concerns. Large scale impacts include, but are not limited to, large or high structures; potential for smoke, dust, particulate emissions or noxious fumes or odors; loud noise; bright light pollution; and modification of community infrastructure such as roads, waterways, and trails. 2. The applicant shall publish notice of the time, place and purpose of the meeting in the weekly Pojoaque section of the anta Fe ew Mexican and in the lbuquerque Journal orth newspapers and shall mail notice to neighborhood organizations and associations in the Pojoaque Valley. 3. The applicant shall submit a written comprehensive summary of the public comments and concerns expressed at the meeting about the proposed development to the ounty with the application for development. 12.9 Local Development eview. The Pojoaque Valley Local Development eview ommittee for the District shall be formed pursuant to applicable requirements as set forth in rticle II, ection 1.3 of the ode. B. The ommittee shall have the same authority as the ounty Development eview ommittee with respect to development within the geographic boundaries of the District, including without limitation, planning, zoning, platting, and subdivision regulation.. The ommittee shall assist in implementing and monitoring the Pojoaque Valley Traditional ommunity District rdinance. 10
PD, DPTD D PPVD this day of, 2008, by the anta Fe ounty Board of ounty ommissioners. Jack ullivan, hairperson TTT: Valerie spinoza, ounty lerk PPVD T LGL FM: tephen. oss, ounty ttorney TIFIT F FILIG I, Valerie spinoza, ounty lerk, do hereby certify that the foregoing ordinance, designated as rdinance, o. 2008 -, was filed in my office on the day of, 2008, in Instrument o.. T F UTY LK VLI PIZ 11
ttachment : Pojoaque Valley Traditional ommunity District 84F H LM D B PZ JIMMY TUTL I DW K B D L BI I M IG L U an Ildefonso Pueblo Pojoaque Pueblo ambe Pueblo V HT IW L uyamungue P H T F B WYM W W W D M P T PUU MP 5 4-28 oads BLM tate Land Pueblo Land Pojoaque Valley Traditional District Boundary Pojoaque Valley Traditional esidential Parcels Jacona Land Grant MYTI L 8 U Legend FF Pojoaque Valley Traditional Mixed-Use This information is for reference only. anta Fe ounty assumes no liability for errors associated with the use of these data. Users are solely responsible for confirming data accuracy. Institutional ommunity pen pace F pen pace 1:36,000 1 inch equals 0.57 miles Y D J J D HITM L VL LY V D TIZ I U T T: Pueblo Lands contain Private laims May 13, 2008 G VH P W Y L LLJ BUQUT L D M I L V G MI HIT LLJ LI BI P Z L LIV L UTY 84D VD M DW GZL L TU Y T- K T Y LIT T I D 84 UTY 10 6 11 9 D ITH F UU LK TIL Z PI T LL TI V GU W II W G 85-2 84 D UM U TY D T Y Z U HU DL I U DW P MI ambe P Pojoaque 502 K D H B JL L Y VI T F P H T U MP T T M LUJ I D L I V 502 UTY 101 D TT T FF MP Jaconita UTY 84 T L H l ancho VI K P TY U 84 MK K PI Jacona DW I V DW B L G Y DW DY WY U G I PUBY 3 50 I G Y I H YU V T T KWI U 84-285 L B ILV W T D I TT HY-G D 30 UTY 113 L M BL I 116D I 11 6
ttachment B: Legal Description of the Pojoaque Valley Traditional ommunity District Boundary The Pojoaque Valley Traditional ommunity District Boundary is herein described as: ll privately owned lands within the following Public Lands urvey ystem (PL) section: T20 8 32 T19 8 ections 3, 4, 5, 6, 8, 9, 11, 12, 14 T19 9 ections 3, 4, 5, 6, 7, 8, 9, 10, 17, 20 The foregoing does not include land owned by the Federal Government, the tate of ew Mexico, the Pojoaque Valley chool District, and the Pueblos of ambe, Pojoaque, and an Ildefonso, and the Jacona Land Grant ssociation.