Jim,
You are either mistaken or you misrepresent the matter.
It doesn't matter what the Planning Director said in his approval letter, he cannot restrict a "minor change" to a specific parcel.
That is not only my
interpretation. That is how the City Council's Land Use Hearing Officer (LUHO)
interpreted Section 14-16-4-3(D)(2) at the Copper appeal hearing on January 22,
2018.
I'm surprised you don't remember. I remember it well because I had not read the provision this way and was stunned to hear the LUHO's interpretation of how a "minor change" cannot be restricted to a single property.
I believe it happened during an exchange between the LUHO and Planning Department Division Manager, Russell Brito. The LUHO pointed out that the language in Section 14-16-4-3(D)(2) authorizes the Planning Director to make a "minor change" to a Sector Plan not a single property. He further stated that a "minor change" cannot be restricted to a single property, even if the Planning Director explicitly states it in the approval letter, because the language simply doesn't allow for it. Russell Brito confirmed the LUHO's interpretation.
This exchange is on record and can be confirmed with the audio or written transcript of the appeal hearing.
A plain reading of Section 14-16-4-3(D)(2) below, confirms the LUHO is correct in his interpretation. There is no language anywhere in this section that authorizes the Planning Director to approve a "minor change" for a specific parcel or to restrict a change to a specific parcel once a "minor change" to a Sector Plan has been approved. Therefore, the "minor changes" approved for the Copper/Aliso and Carlisle properties necessarily apply to the entire Sector Plan.
Section 14-16-4-3(D)(2) of the Albuquerque Comprehensive Zoning Code states, "The Planning Director may approve minor changes to an approved Sector Development Plan or Landscaping Plan if it is consistent with the use and other written requirements approved by the Landscaping Commission or City Council, if the buildings are of the same general size, the vehicular circulation is similar in its effect on adjacent property and streets, and the approving official finds that neither the city or any person will be substantially aggrieved by the altered plan." (Emphasis is mine.)
-Veronica
Dear neighbors:Astute observers will note that while city officials state my interpretation is incorrect four times in three different e-mails, none say why my interpretation is incorrect.Any guesses as to why city officials eagerly point to my error, but repeatedly fail to say why I am in error?-Veronica_______________________________________________On Thursday, March 22, 2018, 2:35:38 PM MDT, Davis, Pat via Neighbors_nobhill-nm <neighbors_nobhill-nm@mailman.swcp.com> wrote:_______________________________________________Neighbors, I wanted to respond to the concerns shared on the Listserve this morning about the sign approval for The Carlisle.
It was mistakenly shared that this change would apply to other properties in the neighborhood. I asked our planning staff and attorneys to review that allegation. You can see their analysis below.
As always, if you have other questions about land-use you can always ask the staff in my office to provide some guidance. That’s what we are here for.
Pat Davis-City Councilor_____________________________
From: Foran, Sean M. <seanforan@cabq.gov>
Sent: Thursday, March 22, 2018 2:00 PM
Subject: FW: [Neighbors] Larger neon sign for the Carlisle Condos.
To: Davis, Pat <patdavis@cabq.gov>
Councilor Davis,
I asked Shanna to take a look at Veronica’s interpretation of the recent Administrative Amendments; she is incorrect in saying that the amendments apply to the entire Sector Plan.
Shanna’s response is below.
Thanks,
Sean
***
Hi Sean,
Veronica’s interpretation of Administrative Amendments (AA) is not correct – the allowed deviationsdo not apply to the entire sector plan. The Notice of Decision for the two recent AAs in the Nob Hill area (Copper/Aliso and Carlisle/Central) specifically state that the allowed deviations areproperty specific (see below). The same deviations allowed via these AAs would not be allowed on any other properties outside of the properties that made each request. This means, in the most recent example,only The Carlisle development will be able to utilize the additional sign height. I also reviewed the LUHO’s Notice of Decision for both cases and did not see him elude to the idea that the AAs would be applicable throughout the sector plan.
I’ve chatted with Council’s legal staff, who typically reviews and handles land use appeals, and he concurred with this position.
Shanna Schultz,MPA, MCRP
Policy Analyst - Planning
Albuquerque City Council
505.768.3185
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