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Planning commission recommends County Council approve technical amendments to Los Alamos development code

Planning and Zoning Commission · September 10, 2025
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Summary

The Planning and Zoning Commission on Sept. 10 recommended County Council approve ZCA20250018, a text amendment to Chapter 16 that corrects technical errors in the use table, resolves inconsistencies in use-specific standards and adds missing definitions; the motion passed by roll call.

The Los Alamos Planning and Zoning Commission voted Sept. 10 to recommend that County Council approve ZCA20250018, a County Community Development Department text amendment to Chapter 16 of the Los Alamos County Development Code aimed at correcting technical errors, resolving contradictions in the use table and adding missing definitions.

Miss Valdez, presenting for the County Community Development Department, told the commission the code was adopted in 2023 and staff subsequently identified a range of technical errors and inconsistencies. "This amendment corrects technical errors in the use table and results [in] inconsistencies. We add our missing definitions, and we improve clarity," Valdez said, summarizing the proposal and staff recommendation to move the ordinance to Council consideration.

The amendment targets Article 3 (use regulations) and Article 6 (definitions) and includes associated edits to Article 2 (base zone districts) and Article 4 (development standards) where needed. Valdez gave examples: clarifying when accessory structures require a variance, removing a prior requirement that a garage sale needed a permit, and adding definitions such as "administrative deviation" and a clarified definition for "common open space." She said the changes are intended to strengthen internal consistency and reduce misinterpretation for planning staff, applicants and the public.

Commissioners questioned specific edits. Commissioner Hill asked about removing illustrative "parklet" examples; Valdez and a planning professional (identified in the record as Eli) said the parklet illustrations created confusion and cited safety and management concerns. Valdez said temporary outdoor dining would be handled through building permits and temporary-use processes rather than as an accessory use in the table.

A commissioner asked whether tree-planting requirements in landscape strips included maintenance; Valdez directed the commission to Article 4 for maintenance standards. Commissioner Bruhl raised wording concerns about the "parcel" definition and suggested rephrasing. He also urged simplifying a clause in the veterinary-hospital definition that referenced overnight accommodation "before and after medical procedures." Valdez acknowledged those comments and noted they would be considered in drafting.

A member of the public, Jerry Easton, warned the commission that striking the veterinary-hospital language could create an unintended distinction between kennels and veterinary hospitals, saying: "If you strike that language, you are now causing a confusion between kennels and veterinary hospitals. ... That has to be carefully covered." Valdez recorded the comment as noted.

After closing testimony, Commissioner White (speaker 2) moved to recommend County Council approve ZCA20250018 and authorize the chair to sign findings of fact and conclusions of law reflecting the commission decision; Commissioner Hill seconded. A commissioner clarified that the commission's action is a recommendation to County Council, not a final order; the friendly amendment was accepted. The chair then called roll and Commissioners Easton, Nelson, Hill, Bridal, White, Nockley and Crane voted yes; the chair announced the motion passed.

Next steps: staff will prepare the written findings and the recommendation for County Council consideration. Valdez outlined a continuing schedule to address additional chapters of Chapter 16: Article 1 and Article 5 would be reviewed in spring 2026 and the remaining articles during a concurrent comprehensive-plan update expected in 2026–27.

Votes at a glance

- Motion: Recommend that County Council approve ZCA20250018 (text amendment to Chapter 16). Moved by Commissioner White (speaker 2); seconded by Commissioner Hill. Vote: yes 7, no 0, abstain 0. Outcome: recommendation passed.

Other procedural actions

- Agenda approved on a motion and second; chair announced the motion passed. (Details in meeting record.) - Minutes from Aug. 27 approved; three commissioners (White, Nockley, Cream) abstained because they were not present.

Why it matters

The changes are largely technical but affect how uses are classified and reviewed across Los Alamos County. Clarifying definitions and use-table entries can change whether a use is permitted outright or requires additional review (for example, whether an accessory structure needs a variance or can be approved administratively). Public comments during the meeting flagged potential unintended consequences—particularly for definitions that distinguish kennels and veterinary hospitals—illustrating the practical implications of seemingly small wording changes.

What the commission said about next steps

Commission staff said the ordinance would be forwarded to County Council with the commission's recommendation and that staff will continue the code cleanup work in tandem with a comprehensive-plan update and additional article revisions over 2026–27.

Reporting note: Direct quotes and attributions come from the meeting transcript for the Sept. 10, 2025 Planning and Zoning Commission meeting.