UPDATE AS OF 5/12/08:

**60-DAY DEFERRAL AT EPC REQUESTED BY COUNCIL**

May 12, 2008
We are still working to develop draft revisions to the Form-Based Code, and we want to make sure that the EPC and the public have a full 30-day review period of the draft. Therefore, Council has requested a deferral to the July 17, 2008, EPC hearing. We anticipate posting the revised draft on this website by mid-June and look forward to receiving your comments.

February 21, 2008

The City Council requested a 90-day deferral of the Form-Based Code at the Environmental Planning Commission.  As many of you know, we conducted a citywide Town Hall on December the 8, 2007, and held informational meetings in each Council District over the past month to introduce people to the Code, answer questions, and get feedback.  During the course of those meetings, we received valuable input that included thoughts, concerns and suggestions from attendees from all walks of life.  It became clear that further analysis, based on that feedback, would enhance the development of a Form-Based Code for the city of Albuquerque.

To that end, we have contracted with a local firm who is familiar with the current version of the Form-Based Code to help craft and tailor the code to meet our city’s specific needs.  We will be working with this firm to refine the details of the plan and to address the suggestions we received from the public.  We plan to have a revised draft of the Code for the EPC and public to review in advance on the first EPC hearing and will let you know when that becomes available.

We extend our sincere thanks to all who have participated in the meetings and provided constructive feedback.

Meeting Schedule

Form Based Code Town Hall Meeting

Councilor Isaac Benton thanks everyone who attended the Form Based Code Town Hall meeting on Saturday, December 8, 2007. The turn-out of 100 people, a mix of neighborhood leaders and others from the community, was very impressive. Councilor Benton appreciates the helpful feedback that participants provided and looks forward to continuing to hear feedback on the Code as it moves forward in the EPC review process.

Materials that were distributed at the Town Hall meeting, as well as an audio recording of the meeting, are provided below.

• Audio recording of presentation (33MB)
• Audio recording of public comments and questions (33MB)
• Audio recording of public comments and questions continued (11MB)
• Myths and realities
• Presentation

Form Based Code public review draft

*** November 28, 2007: In an effort to keep page numbers consistent with what was introduced to Council (O-07-116 ) on November 5, 2007, please be aware that the following documents are intended for double-sided printing. These documents are only different in terms of page numbers. The content has not changed from the previous October 31, 2007 post. ***

• Cover and Table of Contents (10/31/07)
• Part 1: General Provisions (10/31/07)
• Part 2: Building Forms, Materials, Signage, Lot Layout (10/31/07)
• Part 3: Form Based Code Zones (10/31/07)

For your convenience, the main components of the Form Based Code have been briefly summarized.

Purpose of the Form Based Code

The Form Based Code is intended to redress the gap that exists between present development patterns and our community’s aspirations as expressed in the City / County Comprehensive Plan and the Planned Growth Strategy. One cause of this inconsistency is that Comprehensive Plan policies have not been adequately translated into changes in the structure of City law, regulations, procedures and financial charges.  Albuquerque enacted its Zoning Code in 1959 without the guidance of a comprehensive plan. The Comprehensive Plan was adopted between 1964 and 1972.  At that time, the City did not engage in a thorough review of zoning in order to make these land-use requirements consistent with the long-term goals and policies contained in the comprehensive plan.

Policy Context

The Albuquerque/Bernalillo County Comprehensive Plan and the Planned Growth Strategy guide the future development of Albuquerque.  Both of these documents seek to create and support a city where residents need to travel fewer miles every day to go about their lives, where development along and around transit facilities supports the functioning of transit.

The Planned Growth Strategy is a long range strategy to encourage a more efficient and sustainable urban form for the City.  The Form Based Code was identified in the Planned Growth Strategy as one of the tools needed to create and support a city where: 

• a variety of housing types are available, including town and village versions like “living over the store” and row houses,
• development takes place as a mixture of uses rather than large acreages of single land use types,
• residents are closer to shopping and services,
• there is an active pedestrian life,
• development is characterized by human rather than automotive scale, and
• a city whose older, established areas are as well-kept and vital as its new ones.

Basic Principles that underlie Form Based Code

• ACCESSIBILITY: Encourages development that offers retail goods and services within walking, biking or short transit distance of places to live and work.
• FLEXIBILITY: Provides a variety of building forms, some of which support the mixture of a variety of uses and bring residents closer to businesses.
• SERVING NEIGHBORHOODS: Allows some areas of the community that are finer grained – where we develop in an integrated fashion, not in large scale, single use parcels.
  • Such development is more likely to be able to accommodate local businesses and smaller businesses, which in turn become critical quality of life elements for nearby residential areas.
• SUPPORTIVE OF TRANSIT: Encourages development that is shaped by and utilizes a functioning transit system.
• MULTI-MODAL STREETS: Accommodates cars, but is not dominated by them.  Buildings are easily accessible by foot traffic and transit.
  • Buildings are close to the street and its sidewalk.
  • Entrances are clearly identified architecturally.
  • Parking is most often behind buildings or in structures.
  • Streets are identified as “A” (pedestrian oriented) or “B” (vehicle oriented) with respect to the site.
• SUSTAINABILITY: Gives developers and neighborhoods the opportunity to create something that fits with our times and our values.
  • An aging population cannot always drive yet wants to age in place.
  • Resources are becoming more precious; we need to use them more efficiently.
  • Examples of resources:
  • Fuel for transportation and heating
  • Water
  • Locally produced food
  • Air quality
  • Land well-served with infrastructure
  • Construction material
• CONTEXT SENSITIVE: Makes sensitive transitions to existing neighborhoods.
• ECONOMIC VIABILITY: Provides market incentives for the development or redevelopment of neglected property.

Form Based Zoning Is Not New to Albuquerque

The City of Albuquerque, since 2000, has adopted a number of plans that include Form Based Code provisions.  Some of these include:

• 12th and Menaul Study
• Downtown 2010 Sector Development Plan
• High Desert
• Huning Highland EDO Regulatory Plan
• La Cueva
• Nob Hill Highland Sector Development Plan
• Sawmill
• Volcano Heights Sector Development Plan

Additionally, the Mesa del Sol Planned Community, the SunCal Planned Community, and the West Side Strategic Plan incorporate many Form Based Code principles.

The FBC has been developed to add another “tool” that can be used in plans which establish development regulations, such as Sector Development Plans and Corridor Plans.

The new zones in the FBC are recommended by the City of Albuquerque’s Planned Growth Strategy (PGS).

Application

The Council will not put the Form Based Code into effect city-wide. The current zoning code will remain in place. The FBC represents an alternative to the current zoning districts. Any public or private entity that wants to use the FBC will need to apply for a zone map amendment and go through the normal public process: going before the Environmental Planning Commission, either to approve the zone map amendment or in some cases to recommend to the City Council whether to approve the amendment, and, if necessary, going through an appeal process. This process applies equally to a zone map amendment initiated by the City.

After it is adopted, the FBC – both its Building Forms and its Zones – will be available for consideration for use in:

• sector plans
• corridor plans
• community activity center master plans

Such plans may use the FBC as an overlay for existing zoning, may adopt some of the FBC zones (with or without modifications), may adopt some of the Building Forms, or ignore the FBC.

Presently, sector plans and zone map amendments are often highly unpredictable and contentious processes between neighbors, the City and developers. Every new sector plan starts from scratch, yet deals with a common thread of problems: safety, mobility, economic vitality and quality of our public environment. The FBC is an opportunity for neighbors and developers to visualize and agree upon forms of redevelopment that will not be harmful to residents but rather make for healthier businesses and quality of life.