{"MatterId":14657,"MatterGuid":"676E0F78-7543-4C44-BFB6-D54D880BBBDE","MatterLastModifiedUtc":"2026-02-20T15:07:08.187","MatterRowVersion":"AAAAAADEfJ4=","MatterFile":"O-26-4","MatterName":null,"MatterTitle":"Adopting A Small Area Text Amendment To The Integrated Development Ordinance (IDO) To Remove The Parcel Located At 229 Broadway Blvd. NE And The Parcel Located At 101 Lomas Blvd. NE From The Martineztown/Santa Barbara Character Protection Overlay Zone (CPO-7) (Baca, by request)","MatterTypeId":1,"MatterTypeName":"Ordinance","MatterStatusId":20,"MatterStatusName":"Enacted","MatterBodyId":1,"MatterBodyName":"City Council","MatterIntroDate":"2026-01-05T00:00:00","MatterAgendaDate":"2026-01-21T00:00:00","MatterPassedDate":"2026-01-21T00:00:00","MatterEnactmentDate":"2026-02-05T00:00:00","MatterEnactmentNumber":"O-2026-002","MatterRequester":null,"MatterNotes":null,"MatterVersion":"2","MatterCost":null,"MatterText1":null,"MatterText2":null,"MatterText3":null,"MatterText4":null,"MatterText5":null,"MatterDate1":"2026-07-01T00:00:00","MatterDate2":"2026-02-13T00:00:00","MatterEXText1":"CC 1/21/26 (mc)\r\n[see full write-up in the 1/21/26 memo]\r\n\r\nBrief Summary: Approval of O-26-4 would mean the Council consents to removing two properties at 101 Lomas Blvd. NE and 229 Broadway Blvd. NE (City-owned) from the Martineztown/Santa Barbara Character Protection Overlay.  The purpose of this proposed amendment is to remove this city-owned piece of land (229 Broadway Blvd NE) and the Burger King (101 Lomas Blvd NE) from the regulations that it’s currently held to under CPO-7. \r\n \r\n\r\nThese regulations can be found under Section 14-16-3-4(H) and range from lot dimensional standards, usable open space, building height and signs. More than anything, the building height limit in Residential and Mixed-Use zone districts could be prohibitive at 26 feet for project sites that are less than 5 acres. The approximate size of the city-owned property (229 Broadway Blvd. NE) is 2.8 acres and the site with Burger King (101 Lomas Blvd. NE) is approximately .93 acres and would be limited in its future development potential by this height limit, even whilst it lies on a Major Transit Corridor (Lomas Blvd), within 800 feet of a Main Street Corridor (Broadway Blvd) and a half block away from the Downtown Center, which contains a form-based code that has no height restrictions. \r\n\r\nA character protection overlay is essentially a meshing of the former Sector Development Plans and current Integrated Development Ordinance.  The design regulations within CPO-7 were brought over from the Santa Barbara/Martineztown Sector Development Plan and took the boundary of the Neighborhood Association that exists in the area.  \r\n \r\nThe definition of an Overlay Zone per the IDO is “Regulations that prevail over other IDO regulations to ensure protection for designated areas. Overlay zones include Airport Protection Overlay (APO), Character Protection Overlay (CPO), Historic Protection Overlay (HPO), and View Protection Overlay (VPO). Character Protection and View Protection Overlay zones adopted after May 18, 2018 shall be no less than 10 acres, shall include no fewer than 50 lots, and shall include properties owned by no fewer than 25 property owners.” \r\n\r\nThe timing of the small-mapped area amendment was based around the IDO Biennial Update and was heard at the same time by the EPC as the IDO update package.  Due to its quasi-judicial nature, it did not go to committee and instead was moved to Full Council after introduction. \r\n\r\nAnalysis: Under its current zoning (NR-LM), residential land uses are not possible and the property will still need to go through a rezoning application to be designated as another, less intense zone district.  The small-mapped area amendment is looked at as a pro-active step to get a step closer to having the site ready for development. \r\nA small-area map amendment is required to go through criteria listed under Section 6-7(E)(3) to be eligible for approval per the IDO.  \r\n\r\n(1) It must show that the amendment is in line with the Comprehensive Plan.  The applicant listed the following goals and policies in their justification letter:\r\n• Goal 5.1, Policy 5.1.10.a, Goal 5.2, Policy 5.2.1, and Policy 5.5.5.g). \r\no These goals and policies focused on centers and corridors and complete communities. \r\n\r\n(2) Is the proposed area within an Area of Change or Consistency and would the proposal benefit the community in the long-term.\r\n• The area being amended is fully within an Area of Change. Applicable policies and goals: Goal 5.6, policy 5.6.2, policy 5.6.2.d).\r\no These goals and policies generally reflect the goals within Areas of change and directing growth to these areas. \r\n\r\n(3) Has there been significant change in the surrounding neighborhood. \r\n• The property in question was formerly a detention pond and when the new pump station was constructed across the street it doubled the areas capacity for flood waters, eliminating the need for the detention pond that existed at 229 Broadway Blvd. NE. The lot has since been used for film production and temporary outdoor storage, but recently, the City brought the piece of property into the Downtown 2025 MRA, as well as the established Downtown TIF, opening new, flexible finance and incentive tools for future development on the site.\r\n(4) The proposed zoning regulations are more advantageous to the community.\r\n• The applicant states that rezoning the property will allow for higher intensity and development on the site than what the CPO currently allows, citing policy 9.3.1.\r\no This policy focuses on encouraging growth along our centers and corridors. \r\n(5) The proposed amendment does not allow permissive uses that would be harmful to adjacent property, the neighborhood or the community.\r\n• Per the applicant’s response “This amendment does not alter allowable uses and does not change the zone district for the property being removed from the CPO-7 boundary.”\r\n(6) The applicant’s justification is not based completely or predominately on the cost of land or economic considerations. \r\n• The applicant cited Policy 8.1.1 which calls for diverse places. The applicant feels as though, allowing higher density than what 26 feet allows would allow for the property to foster and create a more diverse development in the future. \r\n\r\nFiscal Impact: No fiscal impact has been identified through this process. \r\n\r\nKey Dates: NA \r\n\r\nComments: As part of this submittal, notification was required to be sent out to all property owners within CPO-7 and within 100 feet of it’s boundary.  Staff received multiple calls and inquiries from neighbors, with a majority supporting or neutral about the amendment, mostly excited about the possibility of development on a long-term vacant site.  \r\n\r\nIt should be noted that the Santa Barbara/Martineztown Neighborhood Association has been opposed to this amendment since the beginning. Staff met with the association, at their request, back in July and through the discussion it was clear that the NA was opposed to the amendment, but also were concerned that this amendment was changing their neighborhood boundary, as well as their MRA boundary.  It should be noted that the Santa Barbara/Martineztown MRA was connected to their Sector Development Plan and both have been repealed. Below is an image of the Downtown MRA, Santa Barbara/Martineztown Neighborhood Boundary and the CPO-7 boundary.","MatterEXText2":"Matthew Cox","MatterEXText3":null,"MatterEXText4":null,"MatterEXText5":null,"MatterEXText6":null,"MatterEXText7":null,"MatterEXText8":null,"MatterEXText9":null,"MatterEXText10":null,"MatterEXText11":null,"MatterEXDate1":null,"MatterEXDate2":null,"MatterEXDate3":null,"MatterEXDate4":null,"MatterEXDate5":null,"MatterEXDate6":null,"MatterEXDate7":null,"MatterEXDate8":null,"MatterEXDate9":null,"MatterEXDate10":null,"MatterAgiloftId":0,"MatterReference":"27","MatterRestrictViewViaWeb":false,"MatterReports":[]}