City Council Amendments to the Integrated Development Ordinance (IDO)
2019 IDO Annual Update
Submitted July 24, 2019

Amendment
Title
A
Barbed Wire

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IDO Section(s)
5-7 Walls and Fences
6-8 Nonconformities
4-2 Use Table
4-3 Use Specific Standards
7-1 Definitions
6-9 Violations, Enforcements,
and Penalties
4-3 Use Specific Standards
7-1 Definitions
5-1 Dimensional Standards
4-3 Use-specific Standards
5-5 Parking and Loading
4-3 Use Specific Standards
7-1 Definitions
Multiple

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4-2 Use Table
4-3 Use Specific Standards
5-9 Neighborhood Edge
5-7 Walls and Fences
5-11 Building Design
Section 3 Overlays
4-2 Use Table
4-3 Use Specific Standards
4-3 Use-specific Standards
5-1 Dimensional Standards

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6-4 General Procedures
5-8 Outdoor Lighting
5-3 Access and Connectivity
5-5 Parking and Loading
Section 3 Overlays

C

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Cannabis Retail, Cultivation, •
and Manufacturing
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Revised Aug. •
Civil Enforcement Procedures •

D

Cluster Development

E
F
G
H

Contextual Standards
Cottage Development
Drive-Through
General Retail Small

I

To the Maximum Extent
Practicable
MX-M Liquor Retail

B

J
K
L
M
N
O
P
Q
R
S
T
U

Neighborhood Edge
Non-Residential Zone
Standards
North 4th CPO
NR-C
Outdoor Dining
Primary Building Frontage
Requirement
Procedures Revised Aug.
Site Lighting
Stub Streets and Cul-de-Sacs
Transit Parking Reduction
West Central VPO

 A
CITY OF ALBUQUERQUE
CITY COUNCIL

INTEROFFICE MEMORANDUM
TO:

Brennon Williams, Acting Planning Department Director
Mikaela Renz-Whitmore, Long Range Manager

FROM:

Pat Davis, City Councilor

SUBJECT:

IDO Annual Update Amendment – Barbed Wire Regulations

DATE:

July 24th, 2019

Acting Director Williams and Ms. Renz-Whitmore,
Please include the following proposed amendment in the packet of materials to be
submitted to the Environmental Planning Commission in July of 2019 for the 2019 IDO
Annual Update.
•

Purpose: The proposed changes to the IDO’s barbed wire regulations are intended
to address safety issues expressed by commercial property owners while still
protecting aesthetics in residential and open space areas. First, this amendment will
allow for barbed wire or similar materials in all of the Non-Residential zones under
two conditions. The first condition is that the barbed wire in these zones can’t be
visible from a City park or trail or Major Public Open Space. The second condition is
that the wall or fence with barbed wire will be required to be set back 5 feet and be a
minimum of 6 feet tall when the wall or fence faces a street. These dimensional
regulations are intended to better protect the public who may be walking on a
sidewalk adjacent to a barbed wire wall or fence.
This amendment also offers a sunset clause of January 1st, 2023 for any existing
barbed wire that would be deemed illegal under these provisions. This will allow a
property owner ample time to address security concerns on their property, including
public utility structures, APD, and CABQ Transit who were previously exempt from
this provision. This amendment would hold public utilities, APD, and CABQ Transit
to the same standard we hold private properties to.

•

Action:
On Page 276, in section 5-7(E)(1)(c), amend the text as follows:
5-7(E)(1)(c) Barbed tape, razor wire, barbed wire, or similar materials are prohibited
in and abutting any Residential [or Mixed-use zone district,] [Zone district or lot
containing a Residential use in any Mixed-use zone district,]

 5-7(E)(1)(d) In Non-residential zone districts, barbed tape, razor wire, barbed wire,
or similar materials are allowed on street-facing walls that are at least 6 feet in height
and that are set back at least 5 feet but shall not be visible from a public street, City
park or trail or Major Public Open Space. Public utility structures and Albuquerque
Police Department or Transit Department facilities are exempt from this regulation.
On Page 435, in section 6-8(D)(8)(b), amend the section as follows:
6-8(D)(8)(b) Walls or fences partially or wholly constructed of barbed tape,
barbed wire, razor wire, or similar materials where these materials are not
allowed pursuant to Subsection 14-16-5-7(E)(1)(c) are considered illegal and
must be removed [by January 1st, 2023.] [within the timeframe specified by the
Code Enforcement Division of the City Planning Department in notice provided to
the property owner]

 B

CITY OF ALBUQUERQUE
CITY COUNCIL
INTEROFFICE MEMORANDUM
TO:

Brennon Williams, Acting Planning Department Director
Mikaela Renz-Whitmore, Long Range Manager

FROM:

Isaac Benton, City Councilor

SUBJECT: IDO Annual Update Amendment – Cannabis Retail, Cultivation, and
Manufacturing
DATE:

August 30th, 2019

Acting Director Williams and Ms. Renz-Whitmore,
Please include the following proposed amendment in the packet of materials to be
submitted to the Environmental Planning Commission in July of 2019 for the 2019 IDO
Annual Update.
•

Purpose: The purpose of this proposed amendment is to establish regulations
within the City of Albuquerque for the growing, cultivating, manufacturing, and retail
sales of recreational cannabis. These proposed regulations are in anticipation of
recreational cannabis being legalized at the state level. Recreational cannabis is not
legal at this time, therefore these regulations, as they relate to recreational cannabis
would not be enforced or implemented until such a time that the state legalizes
recreational cannabis. Please note that the regulations proposed in this amendment
will not regulate medical marijuana retail, but would regulate the cultivation and
manufacturing of medical marijuana. This amendment differentiates between
recreational and medical retail but does not differentiate between recreational and
medical cultivation or manufacturing.
This amendment proposes to create three new definitions, three new uses in the use
table with applicable use-specific standards, and amend the existing definition of
“General Retail” to clarify that medical marijuana falls under this category and not
one of the new marijuana-related categories.
Changes depicted by purple text in this amendment reflect clarifying edits that were
made after the amendment was submitted to EPC in July but before the September
EPC hearing.

•

Action:

In section 7-1 Definitions, add the following definitions in the appropriate alphabetical
order:

 [Cannabis Retail: A retail sales establishment licensed by the state [selling to
sell] cannabis for recreational consumption. [Cannabis retail facilities Retail
establishments] selling cannabis solely for consumption by users with a medical
card issued by the state are [considered general retail and are] not regulated by
this definition. See also General Retail.
Cannabis Cultivation Facility: A facility in which cannabis is grown, harvested,
dried, cured, or trimmed.
Cannabis-infused Products Manufacturing: A process in which a product is
infused with cannabis that is intended for use or consumption other than by
smoking, including but not limited to, edible product, ointments and tinctures.]
In section 7-1 Definitions, amend the definition of General Retail as follows:
An establishment providing for the retail sale of general merchandise or food to
the general public for direct use and not for wholesale; including but not limited to
sale of general merchandise, clothing and other apparel, flowers and household
plants that are not grown on-site, dry goods, convenience and specialty foods,
hardware and similar consumer goods, [marijuana for medical consumption,] or
other retail sales not listed as a separate use in Table 4-2-1. See also Adult
Retail, Building and Home Improvement Materials Store, Large Retail Facility,
Liquor Retail, and Grocery Store.
Add the following uses to table 4-2-1 Allowable Uses and create new use-specific
standards for each use as follows:
a)
Add the use “Cannabis Retail” under the Retail Sales sub-section.
a. Add a “P” in the following zones: MX-L, MX-M, MX-H, NR-C, and NRBP.
b. Add an “A” to the following zones: NR-LM and NR-GM
b)
Add the following use-specific standards in section 4-3
a. [Cannabis Retail is allowed, provided that the establishment complies
with all New Mexico state law requirements, including but not limited to
any required spacing from other uses or facilities.
b. This use is prohibited within 330 feet of any school or child day care
facility
c. This use is conditional if cannabis will be consumed on-site. If
cannabis is consumed on-site, an air filtration plan approved by the
City’s Environmental Health Department is required.]
c) Add the use “Cannabis Cultivation Facility” under the “Manufacturing,
Fabrication, and Assembly” sub-section.
a. Add a “P” in the following zones: NR-C, NR-LM, NR-BP, and NR-GM
d)
Add the following use-specific standards in section 4-3

 a. [Cannabis Cultivation is allowed, provided that the establishment
complies with all New Mexico state law requirements, including but not
limited to any required spacing from other uses or facilities.
b. This use is prohibited within 1,000 feet of any school, residential zone
district, and child day care facility.
c. An air filtration plan approved by the City’s Environmental Health
Department is required.]
e) Add the use “Cannabis-infused Products Manufacturing” under the
“Manufacturing, fabrication, and assembly” sub-section.
a. Add a “P” in the following zones: NR-C, NR-BP, NR-LM, NR-GM
f)
Add the following use-specific standards in section 4-3
a. [Cannabis-infused Products Manufacturing is allowed, provided that
the establishment complies with all New Mexico state law
requirements, including but not limited to any required spacing from
other uses or facilities.
b. This use is prohibited within 1,000 feet of any school, residential zone
district, and child day care facility.
c. An air filtration plan approved by the City’s Environmental Health
Department is required.]

 C
CITY OF ALBUQUERQUE
CITY COUNCIL

INTEROFFICE MEMORANDUM
TO:

Brennon Williams, Acting Planning Department Director
Mikaela Renz-Whitmore, Long Range Manager

FROM:

Don Harris, City Councilor

SUBJECT:

IDO Annual Update Amendment – Civil Enforcement Procedures

DATE:

July 24th, 2019

Acting Director Williams and Ms. Renz-Whitmore,
Please include the following proposed amendment in the packet of materials to be
submitted to the Environmental Planning Commission in July of 2019 for the 2019 IDO
Annual Update.
•

Purpose: To amend the IDO to establish Civil Enforcement Procedures. At
present violations of the IDO are enforced via the criminal courts, however a civil
enforcement procedure could be more effective and relevant to the types of
issues the IDO regulates. Other city regulations that are enforced via Civil
Enforcement Procedures include:
o Uniform Housing Code
o Angel’s Law (Dangerous Dogs)
o HEART Ordinance (both criminal and civil)
o Noise Ordinance

•

Actions:
o Add a new § 14-16-6-9(C)(5) as follows and renumber subsequent
subsection accordingly:
[6-9(C)(5) Civil Enforcement Procedures

(a)
If the ZEO determines that a violation of the IDO has not been
adequately cured within a reasonable time after an initial notice has been issued
pursuant to § 14-16-6-9 (C)(2), the ZEO may pursue administrative civil enforcement
procedures pursuant to this Subsection 14-16-6-9(C). Such administrative civil
enforcement does not preclude any other enforcement action authorized by law.
(b)

Notice of Civil Enforcement Procedure

 If the ZEO chooses to pursue administrative civil enforcement, the
ZEO shall prepare and serve a written notice of a civil enforcement procedure that
includes the following information:
1.
The name and contact information of the individual(s)
believed to be responsible for the violation;
2.
The physical address or legal description of the location
where the alleged violations have occurred or are occurring;
3.
A description of the alleged violation(s), including citations to
the IDO Sections believed to have been violated and the facts indicating that such
Sections are being violated;
4.
A description of the actions or penalties that are sought by
the ZEO for the alleged violation(s);
5.
A statement that the notice will be immediately filed with the
City Administrative Office of Hearings within 3 business days and that a hearing on
the matter will be scheduled between 15 and 45 consecutive days after the office
receives the notice; and
6.
The address, email, and telephone number to contact the
ZEO or appropriate City agency for additional information and for delivery of any
responses to the allegations.
(c)

Notice of Hearing

1.
The City Administrative Office of Hearings shall schedule a
hearing on all matters for which it has received a notice of civil enforcement
procedure between 15 and 45 consecutive days after the office receives the notice.
2.
A notice of hearing may be served by any employee or agent
of the City, including the ZEO or any sworn officer of the City Police Department.
3.
The notice of hearing shall be served to all individuals listed
on the notice of civil enforcement procedure and the ZEO through any of the
following means:
authorized agent(s);

a. Personal service upon the person(s) or their attorney or duly
b. First class mail, return receipt requested; or

c. Conspicuous posting within the frontage of the property
where the alleged violation has occurred for a period of at least 30 days. It is
unlawful for any person to remove or otherwise tamper with this posting, and any
removal or tampering of the notice is punishable pursuant to the criminal penalties of
ROA 1994 § 1-1-99.

 information:

4.

The notice of hearing shall include all of the following

a. The date, time, and location of the hearing; the name of the
hearing officer scheduled to preside of the matter; and contact information for the
City Administrative Office of Hearings where individuals may request additional
information;
b. A brief description of the nature and purpose of the hearing;
c. Notification of the right to testify, present reasonable
evidence, call and question witnesses, and have an attorney or duly authorized
agent present;
d. Notification of the right to respond to the allegations in
writing before the hearing, which may include a limit on the scope, format, or length
of the response, and any deadline by which the response must be filed; and
e. A statement that the alleged violator(s) or their attorney or
duly authorized agent may meet with the ZEO prior to the hearing to attempt to
resolve the alleged violations and avoid an enforcement hearing.
5.
If a resolution is reached before a scheduled hearing, the
ZEO shall request, as soon as possible, that the hearing be cancelled. The City
Administrative Office of Hearings shall provide notice that the hearing has been
cancelled to all individuals listed on the notice of civil enforcement procedure and
any other parties to this matter by email or first class mail.
6.
If the terms of the resolution are not met by the alleged
violator(s) to the satisfaction of the ZEO, the ZEO may request that the City
Administrative Office of Hearings reschedule and provide notice of the rescheduled
hearing pursuant to the procedures in Subsection 14-16-6-9(D)(4)(c) (above).
(d)

Response to Notice of Civil Enforcement Procedure

1.
The alleged violator or their attorney or duly authorized
agent may request to meet with the ZEO prior to the hearing to attempt to resolve
the alleged violation(s) and avoid a hearing.
2.
Once a hearing is scheduled, parties may submit a written
response to the City Administrative Office of Hearings no less than 5 business days
before the hearing. Any response submitted shall include proof that the response
has also been provided to any other parties listed on the notice of civil enforcement
procedure and the ZEO.
(e)

Hearing

1.
All parties may present evidence and testimony, call
witnesses, cross examine all witnesses, and be represented by and receive the
advice of an attorney or duly authorized agent.

 2.
All individuals listed in the notice of civil enforcement
procedure who are alleged to be violating or to have violated any provision of this
IDO shall be present at the hearing or represented by an attorney or duly authorized
agent.
3.
If the hearing officer finds that a violation of the IDO
occurred or is occurring, the hearing officer may issue a civil penalty against any
individual(s) who was served notice of civil enforcement procedure pursuant to
Subsection 14-16-6-9(D)(3)(b) (above) regardless of the presence of that
individual(s) at the hearing.
4.
To reschedule, continue, or cancel the hearing, all of the
following requirements shall be met:
Office of Hearings;

a. A written request shall be filed with the City Administrative

b. The written request shall be served upon all parties no less
than 7 business days before the scheduled date of the hearing; and
c. The hearing officer finds good cause for, or all parties
unanimously consent to, the rescheduling, continuation, or cancellation.
5.
The hearing officer shall notify all parties in writing as to
whether the request has been granted and, if continued or rescheduled, the date of
the next hearing.
(f)

Enforcement of Remedies and Penalties

1.
Within 15 consecutive days after the hearing, the hearing
officer shall send a written order of remedy or penalty to all parties by email, first
class mail, or facsimile.
2.
The order of remedy or penalty shall state the determination
of the hearing officer regarding the alleged violations listed in the notice of civil
enforcement procedure and shall contain findings of fact and conclusions of law.
3.
If the hearing officer determines that no violation of this IDO
is being or has been committed, the order of remedy or penalty shall state that the
alleged violation is being dismissed
4.
If the hearing officer determines that a violation of the IDO is
being or has been committed, the order of remedy or penalty shall state the
remedies or penalties to be imposed by the City. The remedies and penalties may
include one or more of the following:
a. An order to cease and desist violations of this IDO;
with the IDO;

b. An order to bring the property in question into compliance

 c. An order to pay all of the City’s costs for the associated
enforcement action and administrative hearing; and /or
per day.

d. An order to pay a civil fine not to exceed $500 per violation

5.
Any party aggrieved by a final decision of the hearing officer
may appeal the decision to the District Court within 30 days of the final order,
pursuant to the New Mexico Rules of Civil Procedure.
6.
The Planning Department shall monitor compliance with the
order of remedy or penalty. If the Planning Department has reason to believe that
any individual subject to the order is not complying with the order, the Planning
Department may take one or more of the following actions:
of a civil action;

a. Refer the matter to the City Attorney for the commencement

b. Refer the matter to the City Attorney or the District Attorney
for the commencement of criminal proceedings;
c. Place a lien on the property in an amount equal to the
outstanding fines ordered pursuant to this ordinance until the owner has fully
complied with the order; and/or
d. Commence a supplemental enforcement action as otherwise
provided by law, including but not limited to Part 1-1-99 of ROA 1994 (General
Penalties).]

 D
CITY OF ALBUQUERQUE
CITY COUNCIL

INTEROFFICE MEMORANDUM
TO:

Brennon Williams, Acting Planning Department Director
Mikaela Renz-Whitmore, Long Range Manager

FROM:

Cynthia Borrego, City Councilor and Ken Sanchez, City Councilor

SUBJECT: IDO Annual Update Amendment – Cluster Development
DATE:

July 24th, 2019

Acting Director Williams and Ms. Renz-Whitmore,
Please include the following proposed amendment in the packet of materials to be
submitted to the Environmental Planning Commission in July of 2019 for the 2019 IDO
Annual Update.
•

Purpose: The purpose of these proposed amendments is to refine regulations
related to Cluster Development to clarify what the City envisions when a property
intends to develop under the Cluster Development regulations. First, this
amendment proposes to create a new definition for “cluster groups”. When
implemented through the use-specific standards for Cluster Development, requiring
cluster groups will help promote a certain development pattern that cluster
development intends to promote. The additional regulations specify how many units
makes a cluster group and the required open areas in between clusters. This
amendment doesn’t change the protection carried over from the Los Duranes Sector
Plan that limited cluster development by dwelling units.

For example, without requiring cluster groups, cluster development may look something
like this, which can result in a more standard pattern of development rather than a
clustered pattern of development:

 Example 1

from the Rural Cluster Development Guide by the Southeastern Wisconsin Regional Planning Commission

The inclusion of cluster groups may result in development that has a pattern more like
the following:
Example 2

from the Rural Cluster Development Guide by the Southeastern Wisconsin Regional Planning Commission

•

Action:

Create a new definition titled, “Cluster Group” in the appropriate section of Chapter 7-1
as follows:

 [A grouping of low-density residential units located within a cluster development
where the outer boundary is defined by the rear lot lines of the lots within the
group. Each cluster group is distinct and separate from another cluster group.
See Dwelling, Cluster Development. ]
Add a new Use-Specific Standard for “Dwelling, Cluster Development” as follows. Reletter subsequent use-specific standards:
4-3(B)(2)(c) The number of dwelling units is determined by dividing the site area
by the minimum lot size allowed in the zone rounded down to the nearest whole
number [but shall not exceed 50, except in the Los Duranes – CPO-6, where the
number of dwelling units shall not exceed 20].
[1. Cluster Developments comprised of more than 20 dwelling units shall
be comprised of cluster groups.
a. A cluster group is limited to 15 units.
b. Each cluster group shall be separated by common open space or
usable open space at least 50 feet in length and width.
2. In the Los Duranes – CPO-6, the number of dwelling units in a cluster
development shall not exceed 20.]

 E
CITY OF ALBUQUERQUE
CITY COUNCIL

INTEROFFICE MEMORANDUM
TO:

Brennon Williams, Acting Planning Department Director
Mikaela Renz-Whitmore, Long Range Manager

FROM:

Isaac Benton, City Councilor

SUBJECT:

IDO Annual Update Amendment – Contextual Standards

DATE:

July 24th, 2019

Acting Director Williams and Ms. Renz-Whitmore,
Please include the following proposed amendment in the packet of materials to be
submitted to the Environmental Planning Commission in July of 2019 for the 2019 IDO
Annual Update.
•

Purpose: Reduce the contextual standards percentage decrease from 75% to
50% for lots 10,000 square feet or larger that are located within ¼ mile of UCMS-PT areas in order to allow greater lot size flexibility in subdividing existing
lots. This is intended to support incremental infill development in areas where the
Comprehensive Plan policies on Centers and Corridors direct growth. This would
only apply to lots 10,000 square feet or larger. The R-1D lot size in the IDO is
larger than was previously required under the Zone Code, R-1D has a minimum
lot size of 10,000 square feet. The R-1 in the Zone Code, except where a Sector
Plan stated otherwise, had a minimum lot size of 6,000 square feet (5,000 square
feet if the lot was platted after 1981).

•

Actions: Page 192 Section 5-1(C)(2)(b)1. Revise as follows:
New low-density residential development shall not be constructed on a Tax
Assessor’s lot, or combination of abutting Tax Assessor’s lots, that is smaller
than 75 percent of the average of the size of the Tax Assessor’s lots, or
combinations of adjacent Tax Assessor’s lots, that contain a primary building,
on that block [,unless the lot is 10,000 square feet or larger and located
within UC-MS-PT areas or within 1,320 feet of UC-MS-PT areas, in which
case the new low-density residential development may be constructed on a
lot 50 percent of the average of the size of such lots.]

 F
CITY OF ALBUQUERQUE
CITY COUNCIL

INTEROFFICE MEMORANDUM
TO:

Brennon Williams, Acting Planning Department Director
Mikaela Renz-Whitmore, Long Range Manager

FROM:

Isaac Benton, City Councilor

SUBJECT:

IDO Annual Update Amendment – Cottage Development

DATE:

July 24th, 2019

Acting Director Williams and Ms. Renz-Whitmore,
Please include the following proposed amendment in the packet of materials to be
submitted to the Environmental Planning Commission in July of 2019 for the 2019 IDO
Annual Update.
•

Purpose: Reduce the minimum lot size for Cottage Development in proximity to
UC-MS-PT areas. The Comprehensive Plan policies on Centers and Corridors
directs growth to the designated centers and corridors. The Cottage
Development use allows for more flexibility in site design and layout. This would
reduce the minimum lot size for a cottage development to 10,000 square feet in
proximity to UC-MS-PT areas, however it would not change the formula for
working out how many cottage units could be developed on a specific property,
or the applicable zones where a cottage development could occur.

•

Actions: Page 136, Section 4-3(D)(3)(a) Revise as follows:
Minimum project size for a cottage development is 1 acre, and the maximum
project size is 2 acres[, except within UC-MS-PT areas or within 1,320 feet of
UC-MS-PT areas, in which case the minumim project size is reduced to
10,000 square feet.]

 G
CITY OF ALBUQUERQUE
CITY COUNCIL

INTEROFFICE MEMORANDUM
TO:

Brennon Williams, Acting Planning Department Director
Mikaela Renz-Whitmore, Long Range Manager

FROM:

Trudy Jones, City Councilor

SUBJECT: IDO Annual Update Amendment – Drive-through lanes – Revised
DATE:

July 24th, 2019

Acting Director Williams and Ms. Renz-Whitmore,
Please include the following proposed amendment in the packet of materials to be
submitted to the Environmental Planning Commission in July of 2019 for the 2019 IDO
Annual Update.
•

Purpose: The purpose of this proposed amendment is to amend the drive-through
provisions for properties located within UC-AC-MS-PT-MT areas, and the MX-H
zone. Currently, a drive-through facility in these areas can’t be located between the
front façade of the primary building and the front lot line or within a required side
setback abutting a street. The intention of this regulation was to minimize conflicts
between vehicles in a drive-through lane and pedestrians, especially in areas with
large amounts of pedestrian traffic.
However, this regulation makes it challenging to design a drive-through facility under
certain conditions. If a property is small in size, on a corner, or access from the
primary street is limited, the drive-through lane is often forced to unsafely intercept
the parking lot in which customers will be moving to and from their vehicles. This
amendment proposes to exempt properties within the above referenced areas if the
parcel meets at least two of the following three conditions: 1) the parcel is on a
corner, 2) the parcel doesn’t have access to the primary street or 3) if the parcel size
is half an acre (21,780 square feet) or smaller, and to provide additional
considerations if the property is exempt. This amendment proposes to remove MT
(Major Transit) and AC (Activity Centers) from the list of areas where there are
restrictions on drive-through lanes location, the areas where MT and AC are mapped
areas of the city that do see a lot of activity, but it does not include as much
pedestrian activity as the UC-MS-PT areas.
This amendment also proposes to clarify the orientation for drive-through service
windows, as written in the IDO the limitations on the location and orientation of the
drive through service window mean that potentially the service window could not be

 located on any side of a building. The amendment limits the orientation to away from
the most sensitive use – residentially zoned areas. And removes the requirement for
corner sites as subsections (b), (c), and (d) address the location of the drive-through
service window, order board, and other audible electronic devices.
Note: the text in red notes the changes proposed in the proposed update when this
was first presented to the public in April 2019, revisions for this July amendment are
shown in blue.
•

Action:

On page 250, amend Section 5-5(I)(1)(b) and 5-5(I)(1)(f), strike 5-5(I)(1)(e), and create
a new 5-5(I)(1)(g) as follows. Renumber subsequent sections as necessary:
o 5-5(I)(1)(b) Drive-through service windows shall [not] be [located parallel to]
[oriented away from pedestrian areas,] residentially-zoned areas[, and public
streets to the maximum extent practicable].
o 5-5(I)(1)(e) [For corner sites, delivery service windows or facilities shall be
located on the non-corner side of the site and/or at the rear of the building]
o 5-5(I)(1)(f) In UC-[AC]-MS-PT[-MT] areas and the MX-H zone district, no
drive-through lanes shall be located between the front façade of the primary
building and the front lot line or within a required side setback abutting a
street [except on lots meeting at least 2 of the following criteria:
a. The lot is located on a corner.
b. The lot is 21,780 square feet (1/2 acre) or smaller.
c. The lot does not have vehicular access to the street that the front
façade of the primary building faces.
o [5-5(I)(1)(g) In UC-MS-PT areas and the MX-H zone district, if a drive-through
lane is allowed pursuant to 5-5(I)(1)(f), the drive through lane shall be
screened per 5-5(I)(1)(a), and enhanced pedestrian crossings, such as a
raised crosswalk, shall be required where the drive-through lane crosses a
pedestrian pathway to the primary entrance of the building.]

 H
CITY OF ALBUQUERQUE
CITY COUNCIL

INTEROFFICE MEMORANDUM
TO:

Brennon Williams, Acting Planning Department Director
Mikaela Renz-Whitmore, Long Range Manager
FROM:
Trudy Jones, City Councilor
SUBJECT: IDO Annual Update Amendment – General Retail Small
DATE:
July 24th, 2019
Acting Director Williams and Ms. Renz-Whitmore,
Please include the following proposed amendment in the packet of materials to be
submitted to the Environmental Planning Commission in July of 2019 for the 2019 IDO
Annual Update.
•

Purpose: To revise the threshold for General Retail Small. General Retail Small is
currently defined as 10,000 square feet. This would not change the upper threshold
for General Retail Medium or the thresholds for General Retail Large. In the MX-L
zone General Retail Small is the only retail size allowed. The MX-L zone is mapped
on many of the corridors throughout the city and is intended to provide
“neighborhood-scale convenience shopping needs” (page 25, purpose of the MX-L
zone). However, much of the areas already developed include buildings and retail
spaces built at over 10,000 square feet, and most anchor tenants for such
developments require 25,000 square feet. For a sense of scale, a pharmacy such as
Walgreens or CVS is generally 15,000 square feet and a hardware and home store
such as Ace or True Value is generally 20-25,000 square feet. Revising the
threshold for General Retail Small seeks to ensure the continued economic viability
of neighborhood-scale retail spaces throughout the city. In addition, Grocery Stores
are defined separately from General Retail, and are generally allowed additional
square footage, therefore for consistency the square footage of Grocery Stores in
the MX-L zone has been increased. This amendment also includes a Use-Specific
standard for the MX-T zone to limit General Retail Small in the MX-T zone only to
10,000 square feet. This corresponds with other non-residential uses in the MX-T
zone that are limited to 10,000 square feet, and the MX-T zone district’s purpose as
a transitional zone between residential uses and more intense mixed use and nonresidential zone districts.

•

Actions:
o Page 156, Section 4-3(D)(34) General Retail, add a new subsection (a) as
follows and renumber accordingly:
[(a) If located in an MX-T zone district, this use shall not exceed 10,000
square feet of gross floor area.]

 o Page 159, Section 4-3(D)(35) Grocery Store, revise subsection (b)as follows:
In the MX-L zone, this use is limited to establishments of no more than
[30,000] [15,000] square feet of gross floor area.
o Page 464, Section 7-1 Definitions, General Retail, revise the category for
General Retail, Small and Medium to read as follows:
1. General Retail, Small: An establishment with no more than [25,000] [10,000]
square feet of gross floor area.
2. General Retail, Medium: An establishment of more than [25,000] [10,000]
square feet of gross floor area and no more than 50,000 square feet of gross
floor area.

 I
CITY OF ALBUQUERQUE
CITY COUNCIL

INTEROFFICE MEMORANDUM
TO:

Brennon Williams, Acting Planning Department Director
Mikaela Renz-Whitmore, Long Range Manager
FROM:
Brad Winter, City Councilor and Ken Sanchez, City Councilor
SUBJECT: IDO Annual Update Amendment – “To The Maximum Extent
Practicable”
DATE:
July 24th, 2019

Acting Director Williams and Ms. Renz-Whitmore,
Please include the following proposed amendment in the packet of materials to be
submitted to the Environmental Planning Commission in July of 2019 for the 2019 IDO
Annual Update.
•

Purpose: This amendment proposes to remove or change many provisions in the
IDO that end with the phrase ‘to the maximum extent practicable’. The IDO is
intended to be a regulatory document with enforceable, predictable provisions.
Overuse of the phrase ‘to the maximum extent practicable’ reduces this
predictability. While there are a few instances where this phrase is appropriate, the
majority of the 40 instances the phrase appears could be changed. The attachment
to this amendment offers new language or proposes to strike the phrase ‘to the
maximum extent practicable’ where appropriate.
There are 12 of the 40 instances where this phrase appears where staff feels it is
appropriate and should remain as-is. These are:
3-4(C)(5)(b) Changes to natural topography shall be kept to a minimum. On slopes
of 10 percent or greater, no grading shall take place until a specific development
plan has been approved for construction. Grading, drainage, or paving proposals;
Master Development Plans; and Site Plans shall retain the sense of the natural
features and vegetation. Reconstruction and revegetation to a natural setting shall
be pursued to the maximum extent practicable.
5-4(E)(1)(b) Medians and pedestrian refuges shall be designed to the specifications
in the DPM. Medians and pedestrian refuges shall be designed to integrate
stormwater infiltration areas to the maximum extent practicable.
5-4(E)(2)(b) To the maximum extent practicable, streets and access lanes shall be
oriented to create block and lot configurations with their longest dimension along an
east-west access to facilitate solar access.

 5-5(F)(4) In the HPO zones, all off-street parking and loading areas and garages
shall be located toward the rear of the site to the maximum extent practicable, shall
comply with the standards in all other portions of this Subsection 14-16-5-5, and
shall comply with the additional standards applicable to that Historic Protection
Overlay zone in this Section 14-16-5-5(F)(4). If there is a conflict between other
parking standards in this Section 14-16-5-5 and the standards in this Section 14-165-5(F)(4), the standards in this Section 14-16-5-5(F)(4) shall prevail.
5-6(C)(13)(a) Required landscape and buffer areas shall be designed to serve as
stormwater management areas to the maximum extent practicable and consistent
with their required locations and vegetation.
5-6(G)(2)(a) Outdoor ground-mounted mechanical equipment shall be located where
it is not visible from streets, City parks or trails, Major Public Open Space, or major
arroyos adjacent to the lot or from adjacent properties to the maximum extent
practicable.
5-6(G)(2)(a) Outdoor ground-mounted mechanical equipment shall be located where
it is not visible from streets, City parks or trails, Major Public Open Space, or major
arroyos adjacent to the lot or from adjacent properties with low-density residential
development to the maximum extent practicable.
5-6(G)(2)(b) Outdoor ground-mounted mechanical equipment shall be located where
it is not visible from streets, City parks or trails, Major Public Open Space, or major
arroyos adjacent to the lot or from adjacent properties with low-density residential
development to the maximum extent practicable.
5-6(G)(3)(b) Outdoor loading, service, and refuse areas shall be integrated into the
building design if possible, or shall be located where they are not visible from
streets, City parks or trails, Major Public Open Space, or major arroyos adjacent to
the lot or from adjacent properties to the maximum extent practicable.
5-6(G)(3)(c) Outdoor loading, service, and refuse areas shall be integrated into the
building design if possible, or shall be located where they are not visible from
streets, City parks or trails, Major Public Open Space, or major arroyos adjacent to
the lot or from adjacent properties to the maximum extent practicable.
5-12(B)(4) Notwithstanding Subsections (1), (2), and (3) above, the provisions of this
Section 14-16-5-12 shall not apply to any sign erected or required to be erected by
any state or federal governmental agency, or public utility provided that the size,
height, location, type and illumination of the sign comply with these provisions to the

 maximum extent practicable, including compliance with the New Mexico Night Sky
Protection Act, as regulated by the state.
6-5(D)(3)(e) Deteriorated architectural features shall be repaired rather than
replaced, to the maximum extent practicable. If replacement is necessary, the new
material shall match the original as closely as possible in like material and design.
•

Actions:
Amend the IDO as called for in the spreadsheet attached as Exhibit A to this
amendment.

 "Maximum Extent Practicable" in the IDO

Exhibit A

Action
Page
Section
Text & Changes
71 3-4(C)(5)(a) Floodplain
Strike the phrase entirely as depicted in red text.
All development shall comply with all adopted drainage policies,
including restrictions on development in the 100-year floodplain.
Cluster development design on land above the flood level shall be
used to the maximum extent practicable, and the floodplain shall
be used as open space.
79

3-4(E)(5)(a)3 Parking structures shall have ground floor uses along all street
Amend the language as proposed in red text.
frontages to the maximum extent practicable. Parking structures
shall have ground floor uses along 50% of the street facing facade
of the parking structure. Where ground floor uses aren’t
provided, opaque walls at least 3 feet high or vegetative screens
at least 3 feet high at the time of planting shall be provided.
Where not practicable, opaque walls at least 3 feet high or
vegetative screens at least 3 feet high at the time of planting shall
be provided.

122

3-6(D)(5)(c) Projects containing several buildings shall provide variety in
building size and massing. Lower, smaller buildings shall be
located closer to Coors Boulevard, with larger, taller buildings
located farther back on the property, to the maximum extent
practicable.

167

Strike the phrase entirely as depicted in red text.

4Located on existing vertical structures, including utility poles and Strike the phrase entirely as depicted in red text.
3(E)(10)(a)3.c public utility structures to the maximum extent practicable.

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Exhibit A

Page
Section
Text & Changes
173 4-3(F)(4)(a) Each stacking lane is limited to a maximum order board area of 50
square feet. The face of the order boards shall be oriented away
from public streets to the maximum extent practicable. If not
practicable, at least 2 evergreen trees shall be planted in the the
landscape buffer area required by Subsection 5-5(I)(2)(a) in
locations that would best screen the order board from the public
right-of-way.

Action
Keep "maximum extent practicable language". Add
additional criteria after the "maximum extent
practicable" language as depicted in underlined red
text.

198

5-2(C)(1)

Amend the language as proposed in red text.

198

5-2(C)(1)

198

5-2(C)(2)

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5-2(C)(1)(b) Steep slopes 5-2(C)(1)(c) Unstable Soils
5-2(C)(1)(j) Significant Archaeological Sites
Both the subdivision and site design processes shall begin with an
analysis of site constraints related to sensitive lands. The site
analysis shall be reviewed by relavent staff from Hydrology, Parks
and Recreation, Historic Preservation, the City Forrester, the City
Archaeologist depending on the type(s) of sensitive lands on the
site. To the maximum extent practicable, New subdivisions of
land and site design shall avoid locating development, except for
open spaces and areas that will not be disturbed during the
development process, in the following types of sensitive lands:

Council Staff proposes to strike the phrase "to the
maximum extent practicable".
See proposed edit to page 397 of the IDO that will
require all development applications that can't avoid
Sensitive Lands to be approved by the EPC.
See proposed edits to Section 7-1 for addition of
definitions of Sensitive Lands.

Street crossings of irrigation ditches and drains shall be minimized Change "minimized" to "avoided". Add criteria that if
avoided. to the maximum extent practicable.
street crossings of irrigation ditches and drains can't
be avoided, that development request must go to
EPC for review.
See proposed edit to page 397 of the IDO that will
require all development applications that can't avoid
Sensitive Lands to be approved by the EPC.

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 "Maximum Extent Practicable" in the IDO

Exhibit A

Page
198

Section
5-2(C)(3)

Text & Changes
Street crossings of sensitive lands shall be minimized avoided to
the maximum extent practicable.

Action
Change "minimized" to "avoided". Add criteria that if
street crossings of irrigation ditches and drains can't
be avoided, that development request must go to
EPC for review.
See proposed edit to page 397 of the IDO that will
require all development applications that can't avoid
Sensitive Lands to be approved by the EPC.

201

5-2(F)(5)

Street crossings of acequias shall be avoidedminimized to the
maximum extent practicable.

Change "minimized" to "avoided". Add criteria that if
street crossings of irrigation ditches and drains can't
be avoided, that development request must go to
EPC for review.
See proposed edit to page 397 of the IDO that will
require all development applications that can't avoid
Sensitive Lands to be approved by the EPC.

209

5-3(C)(2)(a) To the maximum extent practicable, new streets in Areas of
Change shall include right-of-way necessary to accommodate
convenient and safe access by users of all ages and abilities,
including pedestrians, bicyclists, motorists, and transit riders to
allow comfortable, convenient, and universally accessible street
crossings, transit stops, and pedestrian access to adjacent land
uses.

Delete provision (a) entirely, as it is covered by 53(C)(2)(b). Renumber 5-3(C)(2)(b) as 5-3(C)(2).

209

5-3(C)(2)(b) Complete streets shall be designed to the specifications in the
DPM, which incorporates implementation of Part 6-5-6 of ROA
1994 (Complete Streets Ordinance), to the maximum extent
practicable.

Strike the phrase "to the maximum extent
practicable". There is a variance process for DPM
requirements that would address any application that
is unable to comply.

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 "Maximum Extent Practicable" in the IDO

Exhibit A

Action
Page
Section
Text & Changes
209 5-3(C)(5)(a) New development involving more than 1 parcel or sites over 5
Strike the phrase entirely as depicted in red text.
acres in size adjacent to existing bikeways shall provide at least 1
access point to the bikeways to allow residents and users of the
development to easily and safely access those bikeways to the
maximum extent practicable. Access location and design shall be
coordinated with City Parks and Recreation Department.
215

5-3(E)(4)

Each street designated in the Metropolitan Transportation Plan Strike the phrase entirely as depicted in red text.
and/or the Bikeways and Trails Facility Plan as an existing or
proposed route to accommodate bicycles shall be incorporated
into the development to the maximum extent practicable and
shall be designed to comply with the standards of the DPM. Rightof-way and pavement widths for those streets may be increased
up to 12 feet on adopted bike routes and lanes by the DRB based
on considerations of bicycle, pedestrian, and motor vehicle
safety.

218

5-4(E)(1)(c) In Areas of Consistency, alleys shall be included in subdivision
design in those areas of the city where surrounding areas are
platted with alleys and shall continue the alignments of those
alleys to the maximum extent practicable.

219

5-4(F)(2)(b) Residential lots shall avoid layouts where the rear lot line is
Strike the phrase entirely as depicted in red text.
adjacent to an arterial or collector street to the maximum extent
practicable. Local frontage roads may be used within a
subdivision to avoid locating residential rear yard walls along
collector and arterial streets.
5-4(F)(3)(c) Through lots shall be avoided to the maximum extent practicable. Strike the subsection entirely and renumber
subsequent as necessary.

219

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Strike the phrase entirely as depicted in red text.

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 "Maximum Extent Practicable" in the IDO
Page
220

221

Section
5-4(H)(2)

Text & Changes
To the maximum extent practicable, the developer shall
incorporate best management practices for low-impact
development stormwater management to minimize stormwater
runoff and increase on-site infiltration as described in the DPM.

Exhibit A

Action
Strike the phrase entirely as depicted in red text.

5-4(J)(1)(b) New subdivisions shall blend development into the adjacent
Strike the phrases entirely as depicted in red text.
environment with a minimum of grade change. Extensive fill that
raises the grade for proposed lots at the edge of a new
subdivision above the grade of nearby property shall be avoided
to the maximum extent practicable. Significant cuts near the
edges of proposed new subdivisions to lower the grade within the
development shall be avoided to the maximum extent
practicable.

243 5-5(F)(2)(b)3 Vehicular access to a primary non-residential use shall be located Strike the phrases entirely as depicted in red text.
to avoid the need for traffic from a street designated as an
arterial or collector in the LRTS Guide to use a local residential
street for more than 150 feet to access the nonresidential
property, to the maximum extent practicable.
254

5-6(C)(5)(f) Permeable weed barriers shall be used to optimize permeability
and stormwater infiltration to the maximum extent practicable.

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Strike the phrases entirely as depicted in red text.

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 "Maximum Extent Practicable" in the IDO

Exhibit A

Action
Page
Section
Text & Changes
257 5-6(C)(13)(c) Areas created to meet stormwater management requirements of Strike the phrases entirely as depicted in red text.
the City or a governmental entity, and located in a required side
or
rear yard buffer or in a parking lot, shall be counted toward
required landscaping and buffering in those areas, provided the
area includes vegetation required by this Section 14-16-5-6 to the
maximum extent practicable in light of any applicable stormwater
treatment requirements.

259 5-6(D)(1)(b) Trees shall be planted to align with street frontage landscaping on Delete this provision entirely, as it conflicts with the
abutting lots to the maximum extent practicable.
Street Stree Ordinance.

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 "Maximum Extent Practicable" in the IDO

Exhibit A

Action
Page
Section
Text & Changes
341 6-4(E)(1)(a) The owner of that property or an agent of the property owner
Amend the language as proposed in red text.
with the written consent of the property owner.
Where a property has more than one owner, all owners must
consent in writing to the filing of the application or show proof of
legal authority to act on behalf of the other owners to the
maximum
extent practicable. In the case that not all of the property owners
have consented in writing to the application, or When the
ownership status of some parties is unclear (as shown on a title
abstract or title insurance commitment), the owner shall attest in
writing that all of the property owners shown on a title abstract
or
title insurance commitment have been notified of the application
in writing at their last known address as shown on the property
tax records of Bernalillo County.

395

6-6(F)(3)(d) The Master Development Plan mitigates any significant adverse
impacts on the surrounding area to the maximum extent
practicable.

Amend the language as proposed in red text.

396

6-6(G)(3)(c) The Site Plan mitigates any significant adverse impacts on the
surrounding area to the maximum extent practicable.

Amend the language as proposed in red text.

397 6-6(H)(1)(b) 4. Any application for development that has not avoided Sensitive Add a new applicability provision as depicted in red
Lands per the Sensitive Lands analysis required in Subsection 5- text. Re-number subsequent provisions as necessary.
2(C)
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 "Maximum Extent Practicable" in the IDO
Page
Section
Text & Changes
398 6-6(H)(3)(e) The application mitigates any significant adverse impacts on the
project site and the surrounding area to the maximum extent
practicable.
Mult Section 7-1 Wetlands - areas that are inundated or saturated by surface or
iple
ground water at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
as determined by the City Hydrologist. Wetlands generally include
swamps, marshes, bogs and similar areas.
Arroyo - A watercourse which conducts an intermittent or
ephemeral flow, providing primary drainage for an area of land;
or a watercourse which would be expected to flow in excess of
one hundred (100) cubic feet per second as the result of a 100
year storm event, as determined by the City Hydrologist.
Large stand of mature trees - Collections of five or more trees
thirty years or older, or having trunk diameters (as determined by
Diameter at Breast Height – DBH) averaging at least 16 inches in
diameter, as determined by the City Forester.

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Exhibit A

Action
Amend the language as proposed in red text.

Add the following definitions in the appropriate
alphabetical order. Note that the other types of
Sensitive Lands are already defined in the IDO.

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 J
CITY OF ALBUQUERQUE
CITY COUNCIL

INTEROFFICE MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:

Brennon Williams, Acting Planning Department Director
Mikaela Renz-Whitmore, Long Range Manager
Pat Davis, City Councilor
IDO Annual Update Amendment – MX-M Liquor Retail
July 24th, 2019

Acting Director Williams and Ms. Renz-Whitmore,
Please include the following proposed amendment in the packet of materials to be
submitted to the Environmental Planning Commission in July of 2019 for the 2019 IDO
Annual Update.
•

Purpose: To revise Table 4-2-1 Allowable Uses to make “Liquor Retail” a
Conditional Use in the MX-M zone, unless accessory to a Grocery Store. Liquor
Retail is a use that is often incompatible with adjacent land uses. The MX-M zone is
mapped on many major corridors within the city, and often in close proximity to
sensitive uses such as residential uses. By making Liquor Retail a Conditional Use
this would allow for more consideration of whether a liquor retail use is appropriate in
each location. A Grocery Store is defined in the IDO as:
An establishment that sells a wide variety of goods organized in departments,
including but not limited to fresh produce, meat and dairy, canned and packaged
food items, small household goods, and similar items, with more than 50 percent
of the gross floor area devoted to the sale of food products for home preparation
and consumption. See also General Retail.

•

Actions:
o Page 132, Table 4-2-1 revise as follows: Replace the P for Liquor Retail in the
MX-M zone with C.
o Page 161, Section 4-3(D)(36)(f), revise as follows: In the MX-M zone district,
this use is [conditional unless accessory to a grocery store]
[permissive],except in the following mapped areas, where it is prohibited
unless accessory to a grocery store as noted.

 K
CITY OF ALBUQUERQUE
CITY COUNCIL

INTEROFFICE MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:

Brennon Williams, Acting Planning Department Director
Mikaela Renz-Whitmore, Long Range Manager
Isaac Benton, City Councilor
IDO Annual Update Amendment – Neighborhood Edge
July 24th, 2019

Acting Director Williams and Ms. Renz-Whitmore,
Please include the following proposed amendment in the packet of materials to be
submitted to the Environmental Planning Commission in July of 2019 for the 2019 IDO
Annual Update.
•

Purpose: In the Neighborhood Edge provisions (Section 5-9 of the IDO), this
amendment would reduce the distance from a Protected Lot (i.e. a low density
residential zone district) that parking can be located. At present under the IDO, when
the Neighborhood Edge regulations are applied, the parking area must be 50 feet
from the Protected Lot. However, this has the inadvertent effect of pushing the
buildings on the site from the front of the lot (near the street), to the back of the lot
and closer to the low density residential zone district. To address this, this
amendment proposes to reduce the distance for parking areas to 15 feet from the
Protected Lot.

•

Actions:
o Page 287, Section 5-9(f)(1) revise as follows and revise the accompanying
illustration accordingly:
5-9(F)(1) Parking and Drive-throughs or Drive-ups
For Regulated Lots 10,000 square feet or larger, [parking areas and] drivethrough lanes shall be separated from any abutting Protected Lot by a minimum
of 50 feet (see figure below) [and parking areas shall be separated from any
abutting Protected Lot by a minimum of 15 feet.] For parking areas, landscaping
requirements in Subsection 14-16-5-6(F)(1) apply. For drive-throughs,
requirements in Subsection 14-16-5-5(I) apply.

 L
CITY OF ALBUQUERQUE
CITY COUNCIL

INTEROFFICE MEMORANDUM
TO:

Brennon Williams, Acting Planning Department Director
Mikaela Renz-Whitmore, Long Range Manager

FROM:

Trudy Jones, City Councilor

SUBJECT:

IDO Annual Update Amendment – Requirements in Non-Residential
Zones

DATE:

July 24th, 2019

Acting Director Williams and Ms. Renz-Whitmore,
Please include the following proposed amendment in the packet of materials to be
submitted to the Environmental Planning Commission in July of 2019 for the 2019 IDO
Annual Update.
•

Purpose: The purpose of this proposed amendment is to allow taller walls in the
front yard setbacks in the NR-C and NR-BP zone. The old Zoning Code required any
wall or fence that was within five feet of the public right-of-way to be limited to three
feet in height; however there was no height limit beyond that five foot setback. The
IDO extended that provision beyond the previously allowed five foot setback, limiting
the height of a front or side yard wall or fence in these zones to three feet. This
amendment proposes to allow a wall up to six feet in height in these zones as long
as it’s set back at least five feet from the property line. Any portion of the wall or
fence taller than three feet will be required to be view fencing.

•

Action
o In table 5-7-1 on Page 276, create a new subsection to read:
[In the NR-C or NR-BP zone districts where wall height is restricted to 3 feet by
Table 5-7-1, a taller wall up to 6 feet in height is allowed pursuant to the following
provisions, except where a taller wall is prohibited pursuant to 5-7(F).
1. A wall or fence taller than 3 feet must be set back 5 feet from the
property line
2. Any portion of a wall or fence that is taller than 3 feet must contain view
fencing of no more than 50% opaque materials.]

 o In table 5-7-1 on Page 272,add a new footnote for "Wall in the front or street side
yard" as follows: [A wall taller than 3ft. is allowed in the NR-C and NR-BP zone
districts pursuant to Subsection 5-7(D)(3)(f).
•

Purpose: The IDO requires all buildings over 30,000 square feet to provide an
outdoor seating area for every 30,000 square feet of building gross floor area. This
requirement makes sense for uses such as commercial or office, where larger
buildings often result in larger numbers of employees and visitors, however in an
industrial setting a warehouse maybe 150,000 square feet but may only employ 20
to 30 people. This amendment proposes to limit the minimum required outdoor
seating and gathering area in uses listed under the Transportation and Industrial
Uses subheadings of Table 4-2-1 Allowable Uses. These uses include Freight
Terminal or Dispatch Center, Light Manufacturing, Heavy Manufacturing,
Warehousing, and Wholesaling and Distribution Center.

•

Action: Page 294, Section 5-11(E)(3)(a) add a new section 1 as follows. Renumber
accordingly.:
[For primary buildings containing a use from the Transportation subcategory of
Commercial Uses or a use from the Industrial category in Table 4-2-1, at least 1
outdoor seating and gathering area shall be provided that is a minimum of 500
square feet.]

 N
CITY OF ALBUQUERQUE
CITY COUNCIL

INTEROFFICE MEMORANDUM
TO:

Brennon Williams, Acting Planning Department Director
Mikaela Renz-Whitmore, Long Range Manager
FROM:
Trudy Jones, City Councilor
SUBJECT: IDO Annual Update Amendment – NR-C
DATE:
July 24th, 2019
Acting Director Williams and Ms. Renz-Whitmore,
Please include the following proposed amendment in the packet of materials to be
submitted to the Environmental Planning Commission in July of 2019 for the 2019 IDO
Annual Update.
•

Purpose: To revise Table 4-2-1 Allowable Uses to make a “Construction contractor
facility and yard” a Permissive use in the NR-C zone, and to add a Use Specific
Standard that this use is Conditional within 330 feet of residential zoning. Prior to the
adoption of the IDO most areas now mapped as NR-C were zoned C-3. The C-3
zone allowed this use as both a permissive and conditional use, depending on
whether the use was within an enclosed building or an area enclosed by a wall or
fence six feet in height. The NR-C zone made this use Conditional in all
circumstances, however most of the NR-C zoning is in areas with a mix of light
industrial and heavy commercial uses, where such a use is compatible with the
surrounding uses. This revision would make the use permissive, but maintain the
conditional use protection when in close proximity to residential zoning, where the
use may not be compatible with the surrounding uses.

•

Actions:
o Page 132, Table 4-2-1 revise as follows: Replace the C for Construction
contractor facility and yard for the NR-C zone with P.
o Page 153, Section 4-3(D)(24), add a new subsection (c) that reads as follows:
[If located within 330 feet of any Residential zone district, this use shall
require a Conditional Use Approval pursuant to Subsection 14-16-6-6(A).]

 O
CITY OF ALBUQUERQUE
CITY COUNCIL

INTEROFFICE MEMORANDUM
TO:

Brennon Williams, Acting Planning Department Director
Mikaela Renz-Whitmore, Long Range Manager

FROM:

Pat Davis, City Councilor

SUBJECT: IDO Annual Update Amendment – Outdoor Dining – Revised
DATE:

July 24th, 2019

Acting Director Williams and Ms. Renz-Whitmore,
Please include the following proposed amendment in the packet of materials to be
submitted to the Environmental Planning Commission in July of 2019 for the 2019 IDO
Annual Update.
•

Purpose: Remove new restrictions that the IDO added for walls and fences to
be placed around all outdoor dining locations, this includes outdoor dining areas
on private property and along the ROW, and the additional fees. Outdoor dining
areas are important and attractive to restaurant businesses and help to create a
vibrant and active community. The Comprehensive Plan calls for the support of
economic development and for vibrant street spaces. These revisions do not
impact the separate State Liquor Law requirements that require all areas where
alcohol is served and consumed to be enclosed by a wall and include a process
for when those enclosed areas are located within the sidewalk.
Note: the text in red notes the changes proposed in the proposed update when
this was first presented to the public in April 2019, revisions for this July
amendment are shown in blue.

•

Actions:
o Establish an outdoor dining sidewalk encroachment permit that requires
the following:
 An application fee of $250.00 for a 10 year permit
 An Annual Fee of $1.00 per square foot of public right-of-way used
on the sidewalk (minimum $25.00 per year).
 Certificate of Liability Insurance for $1,000,000 (million) dollars, with
the City as the Certificate Holder
 Exhibit showing the portion of the public right-of-way to be
encroached for the outdoor dining area. The exhibit shall be to
scale and shall illustrate how the area maintains a minimum clear

 path of 6 or 4 feet, depending on adjacent roadway classification,
per Section 6-5-5-14 Code of Ordinances ROA 1994.
o Revise Page 182, Section 4-3(F)(14) Outdoor Dining Area as follows:
4-3(F)(14)(a) The outdoor dining area shall be accessory to the immediately
abutting primary use, and the items sold for consumption in the outdoor dining
area shall be sold in the immediately abutting primary use.
[4-3(F)(14)(b) A decorative wall, fence, or similar barrier between 3 and 4 feet
in height shall be erected and maintained along the perimeter of the use,
which shall be located at least 6 feet from any building standpipe, hydrant,
crosswalk, driveway, alleyway, access ramp, parking meter, landscape bed,
street tree, sign post, utility pole, or similar obstacle. ]
4-3(F)(14)(d) [(b)] The use shall not include any open flames or other safety
or health hazards, with the exception of tabletop candles.
4-3(F)(14)(c) [(c)] If the use is located on a public sidewalk:
[1. Any outdoor dining area must maintain a minimum clear path of 6 or 4
feet, depending on adjacent roadway classification, per Section 6-5-5-14
Code of Ordinances ROA 1994, in order to maintain use of the public
sidewalk for all users.
2. The owner or operator of the immediately abutting primary use shall be
required to obtain an Outdoor Dining Area Sidewalk Encroachment Permit
from the City that establishes the boundaries of the area permitted for this
use.]
[ 1. The owner or operator of the immediately abutting primary use shall be
required to obtain a sidewalk encroachment permit from the City.
2. The depth of the area enclosed by a wall, fence, or barrier shall not be
greater than 50 percent of the width of the sidewalk, measured from back of
curb to the building edge closest to the sidewalk, and shall leave a clear
pedestrian passage area at least 6 feet in width.
3. The area enclosed by a wall, fence, or barrier shall not contain any utility
vault. ]
4. [3.] Before and after the immediately abutting primary business’s hours of
operation, all furniture, equipment, and goods shall be removed from the
sidewalk area or otherwise secured to prevent movement by natural elements
or by unauthorized persons. [After the immediately abutting primary
business’s hours of operation, the sidewalk area shall be cleaned of all dining
materials and waste.]
[4-3(F)(14)(d) Outdoor dining areas where alcohol is consumed must meet all
applicable New Mexico state law requirements. If this results in the
construction of a wall, fence, or similar barrier around the perimeter and it is
located on the sidewalk:
1. The owner or operator of the immediately abutting primary use shall be
required to obtain a Revocable Permit from the City.
2. A decorative wall, fence, or similar barrier shall be limited to between 3 and
4 feet in height and shall be located at least 6 feet from any building

 standpipe, hydrant, crosswalk, driveway, alleyway, access ramp, parking
meter, landscape bed, street tree, sign post, utility pole, or similar obstacle.
3. The depth of the area enclosed by a wall, fence, or barrier shall not be
greater than 50 percent of the width of the sidewalk, measured from back of
curb to the building edge closest to the sidewalk, and shall leave a clear
pedestrian passage area at least 6 feet in width.
4. Before and after the immediately abutting primary business’s hours of
operation, all furniture, equipment, and goods shall be removed from the
sidewalk area or otherwise secured to prevent movement by natural elements
or by unauthorized persons. After the immediately abutting primary business’s
hours of operation, the sidewalk area shall be cleaned of all dining materials
and waste.
5. The area enclosed by a wall, fence, or barrier shall not contain any utility
vault.]

 P
CITY OF ALBUQUERQUE
CITY COUNCIL

INTEROFFICE MEMORANDUM
TO:

Brennon Williams, Acting Planning Department Director
Mikaela Renz-Whitmore, Long Range Manager

FROM:

Ken Sanchez, City Councilor

SUBJECT:

IDO Annual Update Amendment – Primary Building Requirement

DATE:

July 24th, 2019

Acting Director Williams and Ms. Renz-Whitmore,
Please include the following proposed amendment in the packet of materials to be
submitted to the Environmental Planning Commission in July of 2019 for the 2019 IDO
Annual Update.
•

Purpose: This amendment proposes to allow an outdoor patio to contribute to the
required 50% of the front property line that must be occupied by a building. The
intent of the original regulation is to locate buildings closer to the street to establish a
more walkable, urban form in Urban Centers, Main Streets, and Premium Transit
areas. Outdoor patios will also contribute to this urban form, therefore this
amendment proposes to make outdoor patios applicable to the minimum 50%
calculation. This amendment also clarifies that the required 50% is a minimum
amount.

•

Action: On Page 194, in Table 5-1-2, amend the text in the row titled “Front,
minimum” under the “Setbacks” section as follows:
UC-MS-PT: 0 ft.
[A minimum of] 50% of front property line width must be occupied by the primary
building [or outdoor seating and gathering area, or outdoor dining area] constructed
within 15 ft. of the property line. On a corner lot, the required [minimum] 50% must
begin at the corner

 Q

CITY OF ALBUQUERQUE
CITY COUNCIL
INTEROFFICE MEMORANDUM
TO:

Brennon Williams, Acting Planning Department Director
Mikaela Renz-Whitmore, Long Range Manager

FROM:

Brad Winter, City Councilor and Pat Davis, City Councilor

SUBJECT: IDO Annual Update Amendment – Procedural Changes – Revised
DATE:

August 30th, 2019

Acting Director Williams and Ms. Renz-Whitmore,
Please include the following proposed amendment in the packet of materials to be
submitted to the Environmental Planning Commission in July of 2019 for the 2019 IDO
Annual Update.
•

Purpose: The purpose of this proposed amendment is to make various changes to
the procedures chapter of the IDO. These changes are intended to make for a more
transparent, accessible development process. These changes include directing the
Planning Department to create notification forms that applicants will be required to
use when sending out neighborhood notification, including outreach to a
neighborhood for a meeting request. The purpose of making this process more
explicit is to ensure that neighborhood associations and property owners receive
notice that contains ample information to understand the request. Currently, the
city’s website contains examples of what a good notification letter looks like,
however these “templates” are not required to be used by any one applicant.
Additionally, this amendment proposes to make changes to the facilitated meeting
process. Pre-IDO, there was no process to deny the request for a facilitated meeting
from the City. The IDO granted purview over this process to the Planning Director.
This amendment proposes to revert this process back to the pre-IDO process, which
will allow anyone to request a facilitated meeting from the City.
Note: the text in red notes the changes proposed in the proposed update when this
was first presented to the public in April 2019, revisions for this July amendment are
shown in blue.
Changes depicted by purple text in this amendment reflect clarifying edits that were
made after the amendment was submitted to EPC in July but before the September
EPC hearing.

 •

Action:
1. The Planning Department is hereby directed to create notification forms for the
application types found in Table 6-1-1. These forms shall contain fields for an
applicant to fill in and shall be as detailed as possible, including but not limited to
the requirement to provide any available site plans or renderings, building and/or
structure heights, building size, applicable public hearing dates, and other line
items listed in 6-4(K)(6). These forms shall be maintained and accessible from
the Planning Department’s website.
2. Revise page 339, Section 6-4(C)(3) as follows:
A meeting request shall be sent to the 2 representatives on file at the Office of
Neighborhood Coordination (ONC) for all applicable Neighborhood Associations
via certified letter, return receipt requested, or via email [with timestamp, read
receipt requested]. Either method constitutes a reasonable attempt to notify a
Neighborhood Association of a meeting request. The requirements of
[Subsection 14-16-6-4(K)(6) (Content of Notice) and] Subsection 14-16-6-4(K)(7)
(Documentation of Good Faith Effort Required) also apply.
3. Amend section 6-4(K)(6) as follows:
6-4(K)(6) Content of the Notice
Each notice required by this Section 14-16-6-4(K) [shall be sent using a
notification form provided by the Planning Department. Notification forms may be
accessed on the City’s website. Notification forms] shall include the address of
the property listed in the application; the name of the property owner; the name
of the applicant; a short summary of the approval being requested (e.g.
Conditional Use Approval to allow a particular use, amendment to the Official
Zoning Map from an existing zone district to a specified district, [the maximum
height of proposed structures, the maximum number of proposed dwelling units,]
and the approximate gross square footage of any proposed nonresidential uses,
etc.); [the maximum height of proposed structures, the maximum number or
proposed dwelling units (if applicable), a site plan (if available), whether a public
hearing will be required, and if so the date, time, and place of the public hearing;
and an address, telephone number, or website where additional information
about the application can be obtained.
4. Amend section 6-4(D) as follows:
6-4(D)(1) For any applications listed in Table 6-1-1, [with the exception of
Appeals], anyone may request [and the City may require the applicant to attend a
City-sponsored facilitated meeting with the Neighborhood Associations whose
boundaries include or are adjacent to the proposed project[., based on the

 complexity and potential impacts of a proposed project.] [One facilitated meeting
per final decision or recommendation is allowed.]
6-4(D)(2) [If a facilitated meeting is required by the City] [Upon request of a
facilitated meeting], the City shall assign a facilitator, who shall attempt to
[contact all Neighborhood Associations whose boundaries include or are
adjacent to the subject project site to] schedule the facilitated meeting within 15
consecutive days [of the request]. The meeting shall occur within a period of [at
least] [no more less than] 7 consecutive days prior to the next scheduled hearing
or meeting of the decision-making body. [No final decision or recommendation
shall be made until a facilitated meeting has been held or reasonable attempts to
hold a facilitated meeting have been made.] If reasonable attempts have been
made to accommodate the schedules of both the applicant and the
Neighborhood Associations, and no meeting has occurred, the application may
move forward in the relevant review/decision process.
6-4(D)(3) [If the] [After the facilitated meeting occurs, the facilitator shall provide a
facilitated meeting report, including but not limited to meeting location, date, and
time; attendees; and a summary of the discussion. If no meeting occurs, the
facilitator shall provide documentation of the attempt to schedule the meeting and
that no meeting was scheduled within the time allotted.

 R
CITY OF ALBUQUERQUE
CITY COUNCIL

INTEROFFICE MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:

Brennon Williams, Planning Department Director
Mikaela Renz-Whitmore, Long Range Manager
Pat Davis, City Councilor
IDO Annual Update Amendment – Site Lighting Regulations
July 24th, 2019

Acting Director Williams and Ms. Renz-Whitmore,
Please include the following proposed amendment in the packet of materials to be
submitted to the Environmental Planning Commission in July of 2019 for the 2019 IDO
Annual Update.
•

Purpose: To require that all sources of light on a site in non-residential and mixed
use zones be regulated. At present only outdoor lighting fixtures are regulated in
section 14-16-5-8 of the IDO. While outdoor light fixtures are the source of most
lighting, brightly lit buildings can also be a source of light and this can become a
source of light pollution for adjacent properties.

•

Actions:
Page 282, Section 5-8 revise as follows:
o Revise the section title from Outdoor Lighting to [Outdoor and Site Lighting]
o Revise 5-8(B)(1) General as follows:
All exterior lighting [sources of light visible from the exterior of a property]
for multi-family, mixed-use and non-residential development shall comply
with the standards of this Section 14-16-5-8 unless specified otherwise in
this IDO. The standards of this section shall apply to both new lighting and
the replacement of fixtures (excepting lamp replacement), regardless of
type, mounting, or location.
o Revise section 5-8(D) General Design and Illumination, as follows:
All exterior lighting [sources of light visible from the exterior of a property]
subject to this Section 14-16-5-8 shall meet the following standards:
o Add a new section 5-8(D)(2) and renumber accordingly:
[All sources of light for mixed use and non-residential development, other
than outdoor light fixtures as regulated below, that are visible from the
property line shall not exceed 200 foot lamberts at the property line.]

 S
CITY OF ALBUQUERQUE
CITY COUNCIL

INTEROFFICE MEMORANDUM
TO:

Brennon Williams, Acting Planning Department Director
Mikaela Renz-Whitmore, Long Range Manager

FROM:

Cynthia Borrego, City Councilor

SUBJECT: IDO Annual Update Amendment – Stub Streets and Cul-de-Sacs
DATE:

July 24th, 2019

Acting Director Williams and Ms. Renz-Whitmore,
Please include the following proposed amendment in the packet of materials to be
submitted to the Environmental Planning Commission in July of 2019 for the 2019 IDO
Annual Update.
•

Purpose: The purpose of these proposed amendments is to refine regulations
related to cul-de-sacs and stub streets. Cul-de sacs and stub streets do not create a
walkable, pedestrian-friendly environment and also may present problems with
vehicular circulation in subdivisions. The first part of this amendment proposes to
implement new regulations on cul-de-sacs that will help ensure longer cul-de-sacs
and stub streets aren’t constructed.

•

Action:

1. Amend section 5-3(E)(1)(d) as follows:
5-3(E)(1)(d) Stub Streets and Cul-de-Sacs Stub streets and cul-de-sacs that
terminate the road are prohibited, with the following exceptions:
[1. Cul-de-sacs are allowed where necessary to avoid those types of
sensitive lands listed in Section 14-16-5-2(C), or where vehicular safety factors
make a connection impractical, including but not limited to size or shape or lots,
topography, surrounding development patterns, and physical characteristics [and
are limited to 100 feet in length.]
2. Permanent stub streets are allowed only where a connection to an
existing street and a future road extension is not possible or feasible. Where
allowed, stub streets are limited to [150] [100] feet in length.
3. Mid-block “bubble” cul-de-sacs without throats are allowed.
4. Whenever cul-de-sacs are created, 1 20 foot wide pedestrian
access/public utility easement shall be provided between the cul-de-sac head or
street turnaround and the sidewalk system of the closest adjacent street or

 walkway, unless the city engineer determines that public access in that location
is not practicable due to site or topography constraints.]

 T
CITY OF ALBUQUERQUE
CITY COUNCIL

INTEROFFICE MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:

Brennon Williams, Acting Planning Department Director
Mikaela Renz-Whitmore, Long Range Manager
Trudy Jones, City Councilor
IDO Annual Update Amendment – Transit Parking Reduction
July 24th, 2019

Acting Director Williams and Ms. Renz-Whitmore,
Please include the following proposed amendment in the packet of materials to be
submitted to the Environmental Planning Commission in July of 2019 for the 2019 IDO
Annual Update.
•

Purpose: To revise the parking reductions as they apply to Transit. Prior to the IDO
there was a reduction of 10% available to development adjacent to any transit route
within the city. This was not carried over. The transit parking reductions in the IDO,
while increasing the reductions when applied, limited where transit reductions could
be applied significantly. This amendment would broaden the applicability of transit
parking reductions. As written it is not clear whether the 30% reduction in Section 55(C)(5)(c)1. applies to the frequency of the route or the frequency of the buses
(serving any route) stopping at the transit stop. If the language applies to the
frequency of the route, this limits the scope to only the Rapid Ride Routes that serve
Central Avenue, and a portion Coors Boulevard and Louisiana Boulevard. If this
applies to the frequency of buses (serving any route) stopping at the transit stop this
applies to Central Avenue, San Mateo Boulevard, some stops on Coors, and small
sections of 4th Street, Montgomery Boulevard, and Lomas Boulevard, however this is
not consistent along routes and would not serve the needs of most transit riders. In
general transit riders are looking for frequency of a particular route, as they are
trying to get from A to B, rather than the frequency of when a bus in general appears
at a stop. This amendment would clarify the language to make it clear that the 30%
reduction applies the route frequency and would increase the peak service
frequency from headways of 15 minutes to 30 minutes in order to incorporate more
of the heavily used transit routes in the city.

•

Actions:
o Page 236, Section 5-5(C)(5)(c) 1. revise as follows:
The minimum number of off-street parking spaces required may be reduced by
30 percent if the proposed development is located within 1,320 feet of any transit
stop or transit station with a [transit route with a] peak service frequency of [30]

 [15] minutes or better[, or may be reduced by 10 percent if the proposed
development is located within 1,320 feet of any transit stop or transit station].

 U
CITY OF ALBUQUERQUE
CITY COUNCIL

INTEROFFICE MEMORANDUM
TO:

Brennon Williams, Acting Planning Department Director
Mikaela Renz-Whitmore, Long Range Manager

FROM:

Klarissa Peña, City Councilor

SUBJECT: IDO Annual Update Amendment – VPO 3 West Central
DATE:

July 24th, 2019

Acting Director Williams and Ms. Renz-Whitmore,
Please include the following proposed amendment in the packet of materials to be
submitted to the Environmental Planning Commission in July of 2019 for the 2019 IDO
Annual Update.
•

Purpose: The purpose of this proposed amendment is to establish regulations
within along the West Central Avenue corridor to protect views of the eastern
landscape. The IDO potentially allowed for more building height along West Central,
which could have impact on views to the east as one is traveling down the mesa.
Establishing a new View Protection Overlay will ensure those views aren’t impacted
by development. The new VPO proposes to limit heights and require minimum
setbacks.

•

Action:

[3-6(F)(1) Applicability
The VPO-3 standards apply in the following mapped area. [Insert map that
follows the following boundary: Atrisco Blvd to the East, the City limits to the
West, and every parcel in between that has a property line abutting Central
Avenue.]
3-6(F)(2): Protected Views
Views protected by this VPO-3 are looking toward the Sandia Mountains.
3-6(F)(3) Structure Height
Structure height within the VPO shall be limited to 30 feet. No height bonuses
allowed by Table 5-1-2 for Workforce Housing or Structured Parking shall be
allowed.
3-6(F)(4) Setbacks

 Setbacks from the right-of-way of Central Avenue, minimum: 10 feet.
Setbacks from the right-of-way of Central Avenue, maximum: 30 feet.
3-6(F)(5) Parking and Loading
Section 5-5(F)(1)(b)(1) Downtown, Urban Centers, Main Street Areas, and
Premium Transit Areas does not apply in this VPO. ]