Drive-thrus, tribal consultation and other changes to the city’s zoning code

At their eight-hour meeting Monday, city councilors voted on multiple zoning changes that could impact neighborhoods and businesses, including allowing tribes to comment on developments in certain areas, allowing drive-thrus in others and creating design standards around the Rail Trail. 

Tribes can now comment on land development: Passed 

Councilor Tammy Fiebelkorn introduced an ordinance to allow tribal representatives to be notified of development applications in the areas surrounding the Petroglyph National Monument. Fiebelkorn said this piece of land is sacred to many people and the ordinance’s adoption is past due.

“These are not additional proposals,” Fiebelkorn said. “They are not anything that is going to slow down development and they are not going to do anything except say, ‘Tribes are also a commenting agency when things are happening in this historic, sacred space.’”

About half a dozen residents stayed at the meeting past 12 a.m. to urge councilors to approve the ordinance. 

The chair of the American Indian and Alaska Native Affairs Commission, Kyle Tapaha, said development projects build a thriving community but they can affect tribal cultural resources and traditional practices. 

“We are the trusted messengers of tribal sovereignty and want to help support tribal notification,” Tapaha said. “We need to protect sacred sites all over Albuquerque, no matter where we are from. It is imperative that cultural knowledge is not lost or broken.”

Drive-thru in Volcano Heights Urban Center: Passed

Another item that brought community members to the floor involved allowing drive-thrus in certain areas of the Volcano Heights Urban Center in Northwest Albuquerque. Everyone who spoke out about it opposed the ordinance.

“I noticed that each year we keep removing more and more protections for that area, which I just think is so disrespectful, because this is such a unique resource that we have,” said René Horvath with the Westside Coalition. 

Mikaela Renz-Whitmore, Urban Design and Development Division manager, said the Environmental Planning Commission (EPC) recommended voting against the ordinance because it conflicts with policies of the urban center — envisioned as the Westside’s only walkable place. 

Renz-Whitmore said the Planning Department supports the EPC’s recommendation. 

“The idea of having drive-thrus in a walkable center is, by its nature, undermining that vision,” Renz-Whitmore said. “[EPC] also found that it conflicted with comprehensive plan policies related to the Petroglyph National Monument and found that drive-thrus that close to the monument would actually have a negative impact on the monument through idling, additional fumes, additional noise and additional traffic.”

Without much discussion from the councilors, the ordinance passed on a 6-3 vote.

Standards for developments near the Rail Trail: Passed

Councilors also approved an ordinance to require development standards such as landscape buffering, building design and building height restrictions for properties next to the planned Rail Trail in Downtown Albuquerque. 

This proposal exempts corner lot buildings from some building height restrictions and provides more flexibility on how a site may be designed in proximity to the Rail Trail. 

Councilor Joaquín Baca said it is important to implement safeguards and create a balance between protecting historic neighborhoods and allowing housing and other developments. 

Integrated Development Ordinance Annual Update

Another item on the agenda was an ordinance to adopt amendments to the IDO Annual Update. The seven amendments proposed increasing alley lighting, adjusting fence and wall heights and creating more duplexes and overnight shelters. 

• Amendment one proposed requiring commercial and industrial developments and multi-family developments to provide lighting if they are next to an alley.

• Amendment two proposed allowing duplexes in residential zone districts with single-family housing in or near urban centers, main street and premium transit areas. The amendment failed on a 3-6 vote.

• Amendment three proposed requiring energy storage systems to conform to neighborhood standards. The amendment states that the rules will apply to the Public Service Company of New Mexico and privately developed facilities.

• Amendment four proposed that neighborhoods and developers meet after a development is proposed rather than before. The amendment passed on a 5-4 vote.

• Amendment five proposed allowing tribal representatives to meet with developers about applications that have to do with land, such as rezoning, subdivisions or archaeological studies.

• Amendment six proposed increasing the allowable height of some front yard walls or fences to 5 feet instead of 3 feet. The amendment failed on a 1-8 vote.

• Amendment seven proposed allowing overnight shelters in certain zone districts. The amendment failed on a 3-6 vote.