Title
CASE NO. REZ-2024-0018. Philip Gursky, Northern New Mexico Capital Investments, LLC., on behalf of Five Oaks Investments, LLC., property owner, is requesting a Minor Zone Map Amendment to change the property, NC1 B1, from its current Residential-Mixed (RM-2) zone district to the Multi-Family Residential-Low (MFR-L) zone district. The property is commonly known as the North Road Inn and is addressed as 2127 North Road, within the North Community 1 Subdivision.
Property Owners
Five Oaks Investments, LLC.
Applicant
Philip Gursky, Northern New Mexico Capital Investments, LLC.
Case Manager
Desirae J. Lujan, Senior Planner
Minor Zone Map Amendment Decision Criteria
a. The proposed Zone Map Amendment is consistent with the health, safety, and welfare of the County as shown by conformance with the goals and policies of the Comprehensive Plan and other adopted County plans or policies.
b. The existing zone district designation is shown to be inappropriate for one or more of the following reasons:
1. It was established in error;
2. Changed conditions warrant the rezoning; or
3. A different zone is more advantageous to the community as articulated by conformance with each applicable goal and policy of the Comprehensive Plan, including the future land use map.
c. The proposed zoning will not designate a zone district different from surrounding zone districts to one small area, i.e. create a spot zone, unless one or more of the following criteria are met:
1. Granting such zoning accomplishes the goals and policies of the Comprehensive Plan;
2. Unique characteristics specific to the site exist; or
3. The zoning serves as an appropriate transition between land uses of higher and lower intensity.
4. The County’s existing and proposed infrastructure and public improvements including, but not limited to utilities, streets, sidewalks, or trails have adequate capacity to serve the development made possible by the Zone Map Amendment.
d. The establishment, maintenance, or operation of uses made possible by the Zone Map Amendment will not be detrimental to the health, safety, or welfare of persons residing or working adjacent to or within the proximity of the subject property.
Motion Options
Motion Option 1:
I move to recommend that the County Council approve Case No. REZ-2024-0018, a request from Philip Gursky, Northern New Mexico Capital Investments, LLC., on behalf of Five Oaks Investments, LLC., property owner. Approval would amend the zone district of the Property, NC1 B1, from its current Residential-Mixed (RM-2) Zone District to the Multi-Family Residential-Low (MFR-L) Zone District. The Property is commonly known as the North Road Inn and is addressed as 2127 North Road, within the North Community 1 Subdivision.
Approval is based on the Findings of Facts established at the hearing and conclusion that the Applicant has met the decision criteria for a Minor Zone Map Amendment pursuant to Section 16-74(h)(3) of the Los Alamos County Development Code and that the Commission is acting under the authority granted by Section 16-69-(b)(1) of the Development Code.
I further move to authorize the Chair to sign a Final Order approving the application and Findings of Fact and Conclusions of Law for this case, based on this decision to be prepared by county staff.
Motion Option 2:
I move to recommend that the County Council deny Case No. REZ-2024-0018, a request from Philip Gursky, Northern New Mexico Capital Investments, LLC., on behalf of Five Oaks Investments, LLC., property owner. The application proposes amending the zone district of the Property, NC1 B1, from its current Residential-Mixed (RM-2) Zone District to the Multi-Family Residential-Low (MFR-L) Zone District. The Property is commonly known as the North Road Inn and is addressed as 2127 North Road, within the North Community 1 Subdivision.
Denial is based on the Applicant failing to demonstrate that the application meets the Minor Zone Map Amendment decision criteria within Section 16-74-(h)(3) of the Los Alamos County Development Code, and that the Commission is acting under the authority granted by Section 16-69(b)(1) of the Development Code.
I further move to authorize the Chair to sign a Final Order approving the application and Findings of Fact and Conclusions of Law for this case, based on this decision to be prepared by county staff.
Attachments
A - Application and Submittal
B - IDRC Minutes
C - Public Notices
D - Staff Report and Analysis
E - Comprehensive Plan
F - Development Code