Item Coversheet
ALAMOSA CITY COUNCIL
COUNCIL COMMUNICATION


Subject/Title:
First Reading, Ordinance No. 9-2022, An Ordinance Amending the Zoning Map of the City of Alamosa
Recommended Action:
Approve the ordinance on first reading and set for a public hearing on May 4th, 2022, at 7:00 p.m. or as soon thereafter as the matter may be heard.

Background:

Since 2018, Alamosa Planning Staff has been keeping an inventory of zoning discrepancies throughout the city. Some of these discrepancies occurred with the map that was adopted at the end of 2017 with the adoption of the UDC through the legislative authority of City Council. In other words, zoning adopted through adoption of the UDC (which in some cases changed pre-existing zoning) were not zone changes applied for by citizens, but as a larger process when the City updated its development code.

 

In the intervening time since, the City has completed and adopted a number of long-range planning documents to further the City's goals as identified in the Comprehensive Plan, such as the Downtown Design Plan, Ranch Master Plan, and the Housing Action Plan. These plans identify or suggest different zones that are more appropriate than the existing ones. Attached are various excerpts of the City's long-range plans that discuss rezonings.

 

Using these plans as a guide, and being mindful of the statutes and best practices surrounding rezoning (i.e. avoiding "spot" zoning), staff prepared an initial proposal to bring forward to a joint Council-Planning Commission work session on January 12, 2022. Following that, staff began a public outreach process to solicit feedback and address questions or concerns about the proposed rezones. Outreach included PSA blitzes, a utility bill stuffer, individual letters to every affected property owner, an appearance on the "Valley Pod" podcast, and a public workshop/open house on March 15th. The most common question received was if a zoning change would affect property taxes. Zoning does not affect property taxes; the County Assessor's office assesses property based on the actual use of the property with no concern for the zone district. Five properties were removed from the proposal based on public feedback: the narrow strip of land behind Safeway and two small lots behind Walgreens. The other two properties removed were a zone boundary clean up that would have expanded an industrial zone towards established residential neighborhoods off of La Due. 

 

The attached proposal incorporates all of this feedback, in addition to the revisions and comments received in the initial January work session. This version was recommended for approval by Planning Commission unanimously at their regular meeting on March 23, 2022.

 

The proposed zoning changes affect 455 properties within Alamosa. The vast majority (97%) either bring certain historic uses into land use compliance (such as historic residential uses that are currently within Commercial Business zones) or do not effect the existing status (such as rezoning the McClain Fink residential neighborhood from the Established Neighborhood zone to the Residential Medium zone). Some of the rezone changes result in a more appropriate zone than the ones existing. For example, Cattails Golf Course is currently zoned Residential Low, and the proposed zone is Agricultural. Similarly, the various Alamosa School District properties have an array of zoning designations. This would rezone all ASD properties to Campus.

 

Additionally, some rezones are proposed to incentivize development in areas where infrastructure or other physical limitations have made development stagnate, such as some of the large vacant commercial properties south of West First Street along Craft Drive. The intent in this case is to allow a wider array of land use options for developers in order to increase development opportunities.

A small fraction (about 3%) of properties change from a land use status of conforming to lawfully nonconforming. Pursuant to §21-7-201 of the UDC, nonconforming uses are allowed to be continued and maintained, but may not be expanded or altered.

Issue Before the Council:
Does Council wish to approve the ordinance on first reading and set it for public hearing on May 4th, 2022, at 7:00 p.m. or as soon thereafter as the matter may be heard?

Alternatives:
  1. (Recommended alternative) Approve the ordinance on first reading and set it for public hearing on May 4th, 2022, at 7:00 p.m. or as soon thereafter as the matter may be heard.
  2. Omit changes that convert currently conforming uses to legally non-conforming uses if such change is opposed by the property owner. 
  3. Omit any changes that convert currently conforming uses to legally non-conforming uses. 
  4. Approve the ordinance with any other changes to any of the proposed zones.
  5. Decline to approve the ordinance on first reading and give staff further direction.


Fiscal Impact:
No financial impacts are anticipated with this ordinance.  

Legal Opinion:
City Attorney will be available to discuss any legal issues pertaining to the Ordinance.

Conclusion:
This rezone is a pivotal moment in our community in order to achieve our community's long-range goals. While many of these changes result in no change in land use status, some changes do impact the properties involved. Most of the impacts are beneficial to the existing properties, because they expand the allowable uses but a small amount of these changes will reduce property owners ability to expand or alter existing businesses or uses.
ATTACHMENTS:
DescriptionType
Ord. 9-2022 Rezoning Certain Properties in AlamosaOrdinance
Exhibit to Ord 9-2022, Official Zoning Map of the City of AlamosaExhibit
Proposed Zone Map with Highlighted Changes w/ Exhibit ReferencesBackup Material
Individual Zoning Map Exhibits for Proposed ChangesBackup Material
Current Zoning MapBackup Material
Downtown Plan ZoningBackup Material
Comp Plan ZonesBackup Material
Housing Plan ZonesBackup Material