Dear Neighbors:
The
new Planning Director, David S. Campbell, just approved another "minor
change" to the Nob Hill Highland Sector Development Plan (see attached).
As the Land Use Hearing Officer (LUHO) pointed out during the Copper/Aliso
appeal, a "minor change" cannot apply to one property, it must apply to
the entire sector plan (see note below). This means that with the
approval of this "minor change", the size limit on signage is no longer
18", it is now 30" for SU-2/CCR-2 in Nob Hill.
(Note:
Section 14-16-4-3(D)(2) of the Comprehensive Zoning Code states "The
Planning Director may approve minor changes to an approved Sector Development Plan..." By definition the "minor change" is made to a sector plan not a
property. Therefore, point (9) does not apply. The Planning Director, David S.
Campbell, must know this since he is a very experienced Land Use
Attorney with over 35 years of experience. See
https://www.cabq.gov/planning/code-enforcement/comprehensive-city-zoning-code.)
Same
with the Copper/Aliso appeal. The 3-story, 39-foot maximum building
height limits no longer apply in CCR-2. City Council's decision to reject
our appeal increased the maximum building height to 4-stories, 42 feet
in CCR-2 because, by definition, the "minor change" must apply to the
entire sector plan, not just one property.
Ditto
self-storage units. City Council's decision to reject our appeal means
self-storage units no longer require a conditional use permit through a
public hearing process. Self-storage units are now a permissive use in
CCR-2 in Nob Hill.
Further, I don't see why
any of these "minor changes" should be limited to CCR-2. If the "minor
change" is (1) consistent with other
written requirements (2) the building is of the same general size
(3) vehicular circulation is similar or not affected and (4) the community is not
substantially aggrieved, then the "minor change" could apply to CCR-1 in lower Nob Hill or CCR-3 in Highland,
too.
I do not think this is going to stop
with the implementation of the new IDO. If the "minor change"
provision makes it in to the new IDO, the new Planning Director just
demonstrated a willingness to continue using it.
-Veronica