ZONE CHANGE EXTRA-TERRITORIAL ZONING COMMISSION

Transcription

1 ZONE CHANGE EXTRA-TERRITORIAL ZONING COMMISSION DOÑA ANA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT Doña Ana County Government Complex 845 N. Motel Blvd. Las Cruces, New Mexico Office: (575) MEETING DATE: March 20, 2014 CASE #: REQUEST: PURPOSE: PROPERTY OWNER/ APPLICANT: Z / Villalobos Zone Change from ER4 to EI1 Storage/construction yard Octavio Villalobos Borderland Eng., Agent LOCATION: 8425 Bataan Memorial W. LEGAL DESCRIPTION: Lot #2, Enchanted Mesa Subd. #1, recorded 1/14/2009 Plat Book 22, Pages , in the DAC Clerk s Office PROPERTY SIZE: acres MAP CODE: RECOMMENDATION: CASE MANAGER: Approval Steve Meadows, Planner REPORT CONTENTS: (1) Cover Page (2) Case Analysis and Staff Recommendation, (3) GIS Information & Maps (4) Application and Supporting Documents (5) Public Notification Extra-territorial Zoning Commission March 20, 2014 Page 1 of 32

2 SURROUNDING ZONING AND LAND USE SITE ZONING LAND USE North ER4 - Residential, 1/2-acre minimum new lot size, single family site-built homes Vacant land South Hwy 70 Transportation Corridor Transportation East West BACKGROUND EC2 Community Commercial, 5,000 sq. ft. minimum lot size, retail, personal services, and some commercial recreational uses ER4 & EC1 Residential, ½-acre minimum,single-family site built homes, Neighborhood Commercial, 5.0-acre maximum, limited retail and service establishments Commercial uses Residential uses and vacant land Existing Conditions and Zoning: The subject property is a nearly rectangular shaped vacant parcel containing acres. The parcel is located within an ER4 (Residential, 1/2-acre minimum new lot size, single family site built homes) Zoning District. Access to the lot is from Bataan Memorial West, classified as a Minor Arterial by the Mesilla Valley MPO. Water to the site will be provided by Moongate Water Co., and wastewater disposal will be by conventional septic system at time of development. The Request: The applicant is requesting EI1 (Light Industrial District, 5,000 sq. ft. minimum lot size) zoning for a acre parcel. The applicant is proposing to establish a storage/construction yard on the parcel. There will be no manufacturing or processing, only the storage of equipment and materials. This case was postponed to date certain, March 20, 2014, at the Feb. 6, 2014 ETZ Commission hearing, to allow the applicant an opportunity to conduct a neighborhood meeting which was held on February 27, 2014 at 6:00 pm. Neighborhood Meeting: On February 27, 2014, a neighborhood meeting was held with fourteen (14) residents of the Wagons East Trail neighborhood (Page 26) in attendance. The applicant, Mr. Villalobos, Ted Scanlon and Steve Peale from Borderland Engineers and Surveyors, LLC, and Steve Meadows from the DAC Community Development Dept. also attended. The residents stated their concerns about the proposal ranging from noise, light and dust pollution, loss of their view of the Organ Mountains, altered drainage channels, increased traffic, and the potential to have trucks driving through the residential neighborhood. Mr. Villalobos stated that the shop will be used for storage of equipment and materials, and he also stated that some maintenance for his vehicles and equipment would be performed inside the building. He will follow all the development and design criteria so that he can be a good Extra-territorial Zoning Commission March 20, 2014 Page 2 of 32

3 neighbor. It was suggested by the attendees that Mr. Villalobos move all the activity to the southeastern portion of the subject property. A show of hands, iniated by one of the neighborhood residents at the end of the meeting, revealed that the residents were still in opposition to the zone change. APPLICABLE PLANS, POLICIES, AND CRITERIA FOR APPROVAL 1. Las Cruces Extra-territorial Zoning Ordinance No , as Amended Section 1.6 Definitions Spot Zoning: An amendment to a zoning ordinance that is not compatible with a comprehensive scheme of zoning, whether one lot, several lots or a large area. Spot zoning can also be created through variances, which are granted without regard for impact on the surrounding area. Section 2.1.B Zoning District Changes: Rezoning A zoning district change or rezoning is a change in classification of the zoning district map and shall be recorded and shown on the Official Zoning District Map. Zoning district changes shall not include initial zoning whenever ETZ boundaries are realigned. Conditional Zoning 2.1.B B B B B.5 Conditional Zoning may be initiated by the Planning Director, the Zoning Commission or by the applicant and shall limit and/or restrict those uses within the zoning district which would otherwise be permitted by right. A rezoning subject to condition is appropriate to allow certain uses that are compatible with the surrounding uses and environment. A condition attached to a zoning district may: a. limit the use of property affected so that one or more of the uses which would otherwise be permitted in the district being adopted shall not be permitted in the specific district as conditioned. b. require traditional design standards, time limitations relating to the construction of buildings, landscaping, streets, roadways, pathways, utilities, drainage ways and other site design features as may be necessary to protect the community or the environment from the impact of development. It shall be unlawful to utilize, sell or lease property rezoned with conditions without first providing to any prospective buyer or lessee a disclosure statement stipulating the conditions of the rezone, and without filing a copy of said disclosure with the County Planning Division. A conditional zoning shall be revoked and revert to the previous zoning district if the property within said district is not used or developed in accordance with the new district regulations within two (2) years from the date of the ETZ Authority. Any use or structure allowed by a Special Use Permit under the specified zoning district shall not be permitted by Conditional Zoning. Extra-territorial Zoning Commission March 20, 2014 Page 3 of 32

4 2.1.B.6 Zone change procedures prescribed by this Code shall be applicable to Conditional Zoning. 2.1.B.7 Amendments to the Official Zoning Map shall be reflected by the lowercase c following the zone designation. 2.1.D Evaluation Criteria The Planning Director and the ETZ Commission may use the following general criteria when reviewing Special Use Permits and Zoning applications. The ETZ Commission shall have the authority to require additional specific information on any of the following criteria. Unless additional justification is presented, the fact that there is an existing legal nonconforming use shall not be considered sufficient grounds for a zone change in order to bring that use into conformity. 2.1.D D D D D D D D D.9 Determination of potential number of homes, population and population demographics. Determination of potential traffic flows (average daily traffic) and where they will impact the transportation system. Determination of need for new commercial activity. Determination of potential water and sewage needs. Evaluation of existing infrastructure capacities and an analysis of the ability of the existing system to accommodate the new development. The difference between capacity and impact should be stated. Those areas which are appropriate for the developer to underwrite should be negotiated between local government and developer. The ETZ should reserve the right to place appropriate zoning categories on environmentally sensitive areas, areas of historical significance or areas which contain endangered or rare species of animal or plant life. Any analysis required should be undertaken and paid for by the developer and verified by the ETZ Commission. Determination of impact of a proposed zone change on surrounding properties. Current Zoning District: Section 3.1.E.1 ER4M RESIDENTIAL DISTRICT 3.1.E.1.a PURPOSE The purpose of the ER4M district is to provide for single-family site-built and mobile homes in low densities together with such recreational facilities, public uses and accessory uses as may be necessary or are normally compatible with residential surroundings. 3.1.E.1.b DEVELOPMENT REQUIREMENTS Minimum lot size 1/2 acre (except cluster development) Minimum lot width 100 feet Extra-territorial Zoning Commission March 20, 2014 Page 4 of 32

5 Minimum lot depth Minimum front setback Minimum side setback Minimum rear setback Minimum building height 100 feet 25 feet 10 feet 25 feet 35 feet 3.1.E.1.c ER4M PERMITTED USES The following uses are permitted by right in the ER4M district: 1. Cluster developments in accordance with the Subdivision Regulations adopted by the ETZ Authority 2. Detached single-family site-built homes and mobile homes 3. Garage and yard sales or similar uses, limited to three (3) sales in a one (1) year period at a single address and each sale shall be limited to three (3) consecutive days 4. Greenhouses (non-commercial), garden and tool sheds. If detached from the main dwelling, the structures are subject to the provisions of Accessory Buildings under Article VII of this Ordinance. 5. Home occupations subject to Section 3.4 of this Article 6. Private swimming pools provided the provisions of Article 5 of this ordinance for fencing are met. The pool shall be no closer than five (5) feet from any property line and approval from all utilities is obtained to ensure overhead safety. 7. Recreational vehicles such as boats, trailers or similar uses, limited to a maximum of one (1) per dwelling unit in the front or side yard, and no limitations for the rear yard, provided there is at least a distance of five (5) feet from any property line 8. Residential type satellite dishes, television or receiving antenna, roof mounted, and not exceeding twenty (20) feet in height at the highest point on the roof 9. Septic tanks in accordance with the regulations of the New Mexico Environmental Improvement Division (EID) and Section 3.02 of this Article 10. Temporary real estate offices, when used in conjunction with a residential subdivision, provided such use is discontinued upon the completion of the development or within three (3) years from the date the building permit is issued, whichever is sooner 11. Keeping small animals subject to Article VIII of this Ordinance 12. Keeping large animals on lots of one (1) acre or greater size subject to Article VIII of this Ordinance 3.1.E.1.d ER4M SPECIAL USE PERMITS The following uses require a public hearing pursuant to Section 2.1.G of this Ordinance and approval by the ETZ Commission: 1. All types of agriculture 2. Boarding houses and rest homes Extra-territorial Zoning Commission March 20, 2014 Page 5 of 32

6 3. Cemeteries 4. Community and publicly owned recreational centers, clubhouses and similarly used buildings and structures open to the public 5. Day care center or child care center for seven (7) or more children 6. Guest ranches 7. Parks, golf courses, churches, schools and other public or semipublic and open recreational uses 8. Public utility installations, substations and water wells 9. Keeping large animals and fowl on lots of less than one (1) acre in size 10. Keeping wild or exotic animals and fowl 11. Sale of farm produce provided it is raised on the premises 12. Veterinary facilities 13. Wineries and/or wine tasting rooms Section 3.1.E.2 ER4 RESIDENTIAL DISTRICT 3.1.E.2.a PURPOSE The purpose of the ER4 district is to provide for single-family site-built homes in low densities together with such recreational facilities, public uses and accessory uses as may be necessary or are normally compatible with residential surroundings. 3.1.E.2.b DEVELOPMENT REQUIREMENTS The development requirements set for the ER4M district as outlined in Section 3.1.E.1.b of this Article are applicable to the ER4 district. 3.1.E.2.c ER4 PERMITTED USES The permitted uses set for the ER4M district as outlined in Section 3.1.E.1.c of this Article are applicable to the ER4 district, EXCEPT that mobile homes are not allowed in the ER4 district. 3.1.E.2.d ER4 SPECIAL USE PERMITS The Special Use Permit uses and conditions set for the ER4M district as outlined in Section 3.1.E.1.d of this Article are applicable to the ER4 district. Proposed Zoning District: Section 3.1.M EI1 LIGHT INDUSTRIAL DISTRICT 3.1.M.1 PURPOSE The purpose of the EI1 district is to provide a wide variety of light industry, fabricating, processing, wholesale distributing and warehousing uses appropriately located relative to major transportation facilities. The major portion of the business activity is conducted within enclosed buildings. Land use in this district shall be constructed and operated to ensure there is no excessive noise, vibration, smoke, dust or other Extra-territorial Zoning Commission March 20, 2014 Page 6 of 32

7 particulate matter, toxic or noxious matter, humidity, heat or glare at or beyond any lot line of the parcel on which it is located. Excessive is defined as a degree exceeding that caused in their customary manner of operation by users permitted in the EI1 district, a degree injurious to the public health, safety, welfare or to a degree to which it is a nuisance by reason of excessiveness. Residential uses shall not be permitted except for a residential watchman, caretaker or proprietor of a commercial use. 3.1.M.2 DEVELOPMENT REQUIREMENTS Minimum lot area 5,000 square feet Minimum lot width 60 feet Minimum lot depth 70 feet Minimum front setback 25 feet Minimum side setback 7 feet Minimum rear setback 15 feet Maximum building height 50 feet 3.1.M.3 EI1 PERMITTED USES The following uses are permitted by right in the EI1 district: 3.1.M.3.a PERMITTED USES - NO CONDITIONS 1. Automobile and truck parking garages and lots 2. Automobile and truck service stations 3. Business offices 4. Commercial or trade schools 5. Dwelling for resident watchmen and caretakers employed on the premises, and business proprietors, provided they are located on the same property as the business. 6. Electrical shops 7. Engraving shops 8. Fence and wall sales and storage 9. Glass cutting and finishing 10. Hardware stores 11. Laboratories research, experimental or testing 12. Lumber yards 13. Newspaper establishments, distribution centers 14. Paint supplies, sales and distribution 15. Rental and sales of contractor equipment 16. Restaurants with no drive-in service 17. Service establishments for repair and maintenance of home and business appliances, building maintenance and repair, including pest control, tree and lawn services 18. Sign construction and sales 19. Storage building and warehouses 20. Telephone exchange stations 21. Tire sales and service establishments Extra-territorial Zoning Commission March 20, 2014 Page 7 of 32

8 22. Welding and light fabrication 3.1.M.3.b PERMITTED USES - WITH CONDITIONS The following uses are permitted in EI1 in accordance with stated conditions: 1. Automobile, mobile home, trailer and truck sales, rentals and storage. The vehicle area must be graded and surfaced with asphalt, concrete or other materials that will provide equivalent protection against potholes, erosion, dust, and a solid wall or fence six (6) feet high shall be maintained along any side of such area abutting or contiguous to any residential zone. 2. Construction or contractor s yard. Yard shall be maintained in a neat and orderly fashion and enclosed by a solid wall or fence of a minimum six (6) feet in height. However there shall be no fence or wall more than three (3) feet of a street intersection. 3. Garages for repair of passenger motor vehicles, light trucks, vans and motorcycles, including body work. All work must be performed in a completely enclosed building. There shall be no storage of junk automobiles for salvage purposes. Only those motor vehicles awaiting repairs can be parked on the premises behind a solid wall or fence so that such vehicles will not be visible from surrounding properties. 4. Heavy equipment repair service (accessory use). Permitted only as an incidental or accessory use to heavy equipment sales or rentals. Floor area for repair shall not exceed three thousand (3,000) square feet and not exceed thirty (30) percent of the total gross floor area. Welding is permitted only in conjunction and shall not be used for the purpose of heavy equipment assembly. 5. Open or exterior storage and display of merchandise, materials. Storage or display of materials on the exterior of a building shall be completely enclosed by a fence or wall of solid construction, no less than six (6) feet in height, except for mobile homes, cars, trucks or motorcycles. 6. Paint shop, mixing, treatment and spraying. Buildings shall be located on hundred (100) feet from any residential zoning district and obtain approval from the County Fire Prevention Inspector. 7. Public utility installations, substations and water wells. The site shall be developed and maintained in conformance with the general character and appearance of the zoning district, and shall include landscaping and suitable screening in the form of a solid wall, fence or compact shrubbery around the perimeter of the lot or tract. 8. Restaurants with drive-in service. Must have at least one (1) stacking lane ten (10) feet in width and two hundred (200) feet in length for each drive-in window that is designed to ensure that no business traffic backs onto the street giving access. 9. Storage of wrecked or dismantled vehicles and parts (accessory use). The storage of wrecked and dismantled vehicles and parts thereof shall be permitted only as an incidental or accessory use to a vehicle repair establishment or body shop permitted in the EI1 district. Such use shall be in accordance with the following. a. Storage shall be within an enclosed building or within a site obscuring fence at least six (6) feet in height above adjacent road grades Extra-territorial Zoning Commission March 20, 2014 Page 8 of 32

9 b. Vehicles and parts stored at the exterior of a building shall be owned by customers of the business and such storage shall be only for the purpose of repair and return to customers c. Exterior storage of vehicles shall not remain on the premises for a period exceeding three (3) months d. There shall be a maximum of twenty (20) wrecked vehicles stored at the building exterior during any one time e. Exterior storage shall be a minimum of one hundred (100) feet from a residential zoning district 3.1.M.4 EI1 SPECIAL USE PERMITS The following uses require a public hearing pursuant to Section 2.1.G of this Ordinance and approval by the ETZ Commission: 1. Airports or heliports 2. Bus passenger terminals, including storage of buses 3. Major facilities for generation of energy, water treatment plants, sewer treatment plants, commercial and public radio and television broadcasting and microwave broadcasting and receiving facilities, storage yards for public utilities and similar uses. 4. Recycling centers 5. Satellite parking areas 6. Wind driven electrical generators or wind driven pumps 7. Mobile homes on a permanent basis for the purpose of housing security guards pursuant to Section 3.01 of this Article. Conditions shall be attached regarding unobtrusive sitting and screening. 8. Wineries and/or wine tasting rooms 2. ETZ Comprehensive Plan The proposed Zone Change Request does meet the following Goals, Policies, and Objectives of the ETZ Comprehensive Plan : Program : Development of industrial sites shall be encouraged to locate on existing or planned arterial or collector streets or in planned industrial parks. Policy 8.3.3: The County should encourage the development of businesses which can be integrated into the ETZ without adverse impacts on the County s resources. 3. Miller Criteria The Supreme Court of New Mexico, Miller versus Albuquerque, September 9, 1976, stated: The fundamental justification for an amendatory or repealing zoning ordinance is a change of conditions making the amendment or repeal reasonably Extra-territorial Zoning Commission March 20, 2014 Page 9 of 32

10 necessary to protect the public interest. Also, a zoning amendment may cover and perfect previous defective ordinances or correct mistakes or injustices therein. 4. Spot Zone Spot Zoning (Bennett v. City Council For City of Las Cruces, 1999-NMCA-15, 126 N.M. 619) is determined on an ad hoc basis, considering: 1) the disharmony with the surrounding area; 2) the size of the area rezoned; and 3) the benefit of the rezoning to the community or the owner of the parcel. AGENCY COMMENTS DAC Engineering: 1) A NMDOT permit will be required or updated. 2) Follow all minimum required setbacks for the proposed zoning. 3) Adhere to all regulatory agencies comments. Some agencies may require certain permits or licenses to be obtained. 4) Further submittals would warrant further comments. DAC Flood Commission: 1) Pursuant to FIRM No C0550 E, the subject property is currently located within Flood Zone X, areas determined to be outside the 500-year floodplain. 2) A Grading and Drainage plan will be required at time of building permit per Section 4.1.A.m, of Amendment to the ETZ Zoning Ordinance No ) No proposed improvements associated with the East Mesa Drainage Master Plan lie within the subject property, though a channel and ponding structure are proposed on the lot directly north of the property. 4) Please ensure that all site runoff created from impervious areas is maintained within the lot by means of on-lot ponding. 5) Please feel free to call our office with any questions or concerns regarding these comments ( ). DAC Fire Marshal: Approved with the following conditions: 1) Provided that the Building Services Dept. approves the request based on IBC 2009/12 standard. 2) D103.4 Deadends. Dead-end fire apparatus access roads in excess of 150 ft. shall be provided with 120-foot Hammerhead, 60-foot Y or 96-foot-diameter cul-de-sac and a minimum width of 20 ft., and the minimum gate width shall be 20 feet. 3) The fire protection plans shall be submitted along with the final plat and shall be stamped by a registered engineer indicating the fire plans meet the specifications of 1000, 1500, or 2000 GPM for a duration of 2 hours at 20 PSI depending on the application. 4) A letter from the local water district shall be submitted with the plans indicating the water supplies and fire hydrants shall be maintained by the district with required fire flow as listed above. 5) Any future structures will be required to meet all fire code requirements. DAC Building Services: N/A. (No development/building plans required at this time) DAC Rural Addressing Coordinator: No comments. DAC Zoning Codes: No open cases. DASO Codes: No code violations on property. NMED: Wastewater Treatment and Disposal-No central sewer is available in the area. All future development must meet the minimum lot size requirement of 0.75-acres. Water Extra-territorial Zoning Commission March 20, 2014 Page 10 of 32

11 Supply/Water Quality. Solid Waste Disposal No comment. /Surface Drainage/Land Clearing/Dust Control No comment. NMDOT: 1 st Review: Is the shared access easement shown, existing or proposed? The NMDOT needs to see this in the field and needs to be permitted via the permit process. Can t approve at this time. 2 nd Review: NMDOT has no issues on the proposed zoning. However, the proposed shared easement shown on the plat is within access control limits. The access cannot be located at this location. It would need to be located outside the access control limits. The access would need to be determined and permitted by the NMDOT prior to the property being developed. Mesilla Valley MPO: Bataan Memorial West is a minor arterial. CLC Planning Dept: No comments. EBID: EBID did not submit any comments. Office of the State Engineer: No water rights on record No water rights issues. EVALUATION OF THE 2.1.D DETERMINATION CRITERIA - The ETZ Commission may recommend a Zone Change to the ETA as specified by the Extraterritorial Zoning Ordinance Article II, Section 2.1.B/Zoning District Changes: Rezoning and by using the criteria defined by the Extra-territorial Zoning Ordinance Article II, Section 2.1.D/Evaluation Criteria: (Applicant s responses in italics, see Page 18). 2.1.D.1: Determination of the number of homes, population, and population demographics. N/A No potential for homes or population growth due to [proposed] storage yard land use. 2.1.D.2: Determination of potential traffic flows (average daily traffic) and where they will impact the transportation system. Land use is on the Hwy 70 corridor. Storage yard land use will generate approximately 15 ADT enter and 15 ADT exit on a week day using ITE category D.3: Determination of need for new commercial activity. The East Mesa is a growing area. The Hwy 70 corridor has historically known for Industrial and Commercial uses. 2.1.D.4: Determination of potential water and sewage needs. Minimal if any. 2.1.D.5: Evaluation of existing infrastructure capacities and an analysis of the ability of the existing system to accommodate the new development. Infrastructure in the Hwy 70 corridor area is more than adequate for proposal. 2.1.D.6: The difference between capacity and impact should be stated. Those areas that are appropriate for the developer to underwrite should be negotiated between local government and developer. This proposal is well suited for the Hwy 70 corridor. 2.1.D.7: The ETZ should reserve the right to place appropriate zoning categories on environmentally sensitive areas, areas of historical significance, or areas on which contain endangered or rare species of animal or plant life. No historical or ecological areas exist on or near the property. Extra-territorial Zoning Commission March 20, 2014 Page 11 of 32

12 2.1.D.8: Any analysis required should be undertaken and paid for by the developer and verified by the ETZ Commission. OK. 2.1.D.9: Determination of impact of a proposed zone change on surrounding properties. Due to the Hwy 70 corridor location, the proposal is well suited for the area. NOTICE / NOTIFICATION 31 letters of notification were sent to addresses within the Area of Notification. Legal Ads were placed in the Las Cruces Sun-News on December 29, Signs placed on the property in a timely manner. Agenda placed on the DAC Web site. A letter (Page 19) from Tony Ortega (#4 & #6 on notification list) was received on January 8. Mr. Ortega is concerned about the placement of a mobile home park on the site and the potential devaluation of property values in the area. An (Pages 20-21) from Gregory Friedel and Judith Ubando (#24 on notification list) was received on January 9 in opposition to the request citing adverse affects to their property and neighborhood including a loss of privacy, potential obstruction of views, increased traffic and noise, and an inevitable devaluation of property values. A petition (Pages 23-24) was submitted to staff on January 9, in opposition to the proposed zone change with 23 signatures from property owners in the adjacent neighborhood (Page 25). A letter (Page 22) from Mr. & Mrs Altamirano (Not on notification list) was received on January 16 voicing opposition due to the types of businesses allowed, traffic impact on neighborhood roads, safety issues for school children and an increase in noise and pollution in the immediate area. No correspondence in support was received by Staff by the advertised deadline of January 9, STAFF ANALYSIS The Extra-territorial Zoning Commission ( the Commission ) shall recommend approval of the Zone Change to the Extra-territorial Zoning Authority if it finds that a sufficient change in conditions has occurred, is in the public interest, is in conformance with the policies and goals of the ETZ Ordinance and the Comprehensive Plan and is consistent with the character of the surrounding area. The Commission shall evaluate the application and site plan and make a recommendation based on the Applicable Ordinances, Plans, Policies and Criteria listed within this analysis. The applicant is requesting a Zone Change on a acre parcel from ER4 (Residential, ½- acre minimum new lot size, single-family site-built homes) to EI1 (Light Industrial, 5,000 sq. ft. minimum lot size, a wide variety of light industrial uses) Zoning to establish a construction/storage yard. Applicant would be required to use Bataan Memorial West, classified as a Minor Arterial by the Mesilla Valley MPO, as access per Section 3.1.M.1, EI1 Purpose, which states, The purpose of the EI1 district is to provide a wide variety of light industry, fabricating, processing, wholesale distributing and warehousing uses appropriately located relative to major transportation facilities. (Page 6) The NM Dept. of Transportation s comments (Page 11) note that the shared access indicated on the submitted site plan (Page 16) will have to meet Extra-territorial Zoning Commission March 20, 2014 Page 12 of 32

13 NMDOT requirements due to its proximity to the off ramp (i.e. access control limits) from Hwy 70, and at the time of development an access permit will be required. Due to the adjacent residential zoning and uses, the proposed industrial zone, if approved, will be required to mitigate the impacts associated with the uses allowed in this Zoning District by installing the landscaping and buffering elements of a Buffer E, including a fifty foot (50 ) setback, a six (6) foot high opaque wall or fence with the appropriate landscaping and buffering components per Section 4.2.C on all property lines abutting any residential zoning (north, east, and west). Parking lots will be required to be improved to mitigate any dust impacts. All lighting shall conform to Article XII of the ETZ Ordinance, as amended. 2.1.D Analysis Moongate Water Co. will provide water at the time of development (currently, there is no water service to the property due to a lack of any previous development). Waste water disposal will be by an NMED approved septic system. The acre parcel is sufficient to meet the NMED minimum lot size requirements for a conventional septic system and the applicant will have to submit the plans for any proposed wastewater disposal system to NMED. The applicant submitted an ADT access and ADT exit count of 15 using the ITE category 150 guidelines, which would not adversely impact traffic on the frontage road, Bataan Memorial West, a minor arterial per the Mesilla Valley MPO. There are no known environmentally sensitive areas present at the site and no historically significant areas are on the subject properties. If the applicant adheres to all regulatory, ordinance, and developmental requirements the proposal would have minimal adverse impacts to the surrounding properties, thus meeting the 2.1.D Decisional Criteria. ETZ Comprehensive Plan Comparing the EI1 Zone Change request with the Goals and Policies of the ETZ Comprehensive Plan , reveals one that is met (Staff analysis in italics): Program : Development of industrial sites shall be encouraged to locate on existing or planned arterial or collector streets or in planned industrial parks. The proposed site will have direct access to Bataan Memorial West, classified as a Minor Arterial by the Mesilla Valley MPO, meeting Section 3.1.M.1. Policy 8.3.3: The County should encourage the development of businesses which can be integrated into the ETZ without adverse impacts on the County s resources. The site will not need any County resources. Access is from Bataan Memorial West, a minor arterial and water is provided by Moongate Water Co. Waste water disposal shall be by septic system at time of development. Miller Criteria In New Mexico, the primary justification for a zone change is spelled out in the Miller vs. City of Albuquerque ruling of 1976 which says the The fundamental justification for an amendatory or repealing zoning ordinance is a change of conditions making the amendment or repeal reasonably necessary to protect the public interest. Also, a zoning amendment may cover and perfect previous defective ordinances or correct mistakes or injustices therein. This is commonly known as the change or mistake rule which is widely interpreted as there has been a change in the conditions in the area of the subject property sufficient to warrant a need to protect the public, or that there was a mistake in the original zoning. Extra-territorial Zoning Commission March 20, 2014 Page 13 of 32

14 The applicant states (Page 17), adjacent and west are EC1, EI1c, and EI2 and more commercial and industrial land use zones all along the Highway 70 and frontage road(s) corridor There are numerous commercial and industrial zoned properties along the north side of Hwy 70 on Bataan Memorial West (Page 27). Many of these commercial and industrial zones have been approved over the last several years. These numerous zone changes would support the change in conditions of the Miller criteria and a need to reasonably protect the public interest. The applicant has overcome the presumption that the current zoning is the most appropriate, as these change in conditions indicate that the Hwy 70 corridor has historically been zoned and used for commercial and industrial businesses and the recent zone changes have reinforced the change in conditions.. Staff s analysis supports the conclusion that the original zone designation of ER4 was in error. Therefore, the Zone Change to EI1 does meet the Miller criteria and would be justified at this time. Spot Zone The applicants request for EI1 zoning would be in harmony with the commercial and industrial zoned properties in the immediate area. The properties along the access roads north and south of Hwy 70 have historically contained a mixture of commercial, industrial, and residential zones. The applicant will not use Weisner Rd. for access to the site. Bataan Memorial West is the only roadway that can be utilized for access to the site. Since the inception of the ETZ in February 1989, many zone changes have been approved for commercial and industrial zoning districts along both Bataan Memorial East and Bataan Memorial West. The applicant has stated (Bracketed area of Page 16) that a buffer plan would be submitted at time of development to buffer the residential properties in the vicinity, thus benefitting the public. The acre parcel would be considered large enough to be rezoned. These statements provide the basis to conclude that the proposed zone change would not be considered a spot zone per the 1999 Bennett ruling. STAFF FINDINGS If the Extra-territorial Zoning Commission wishes to follow staff s recommendation of Approval of, staff recommends the following findings: 1. The request of this application is consistent with the requirements of the Las Cruces Extra-territorial Zoning Ordinance Article II, Section 2.1.C/Application Procedures and Section 2.1.G/Public Hearing and Notice Requirements. 2. The subject property is located outside the corporate limits of the City of Las Cruces, but within the five-mile Extra-territorial Zone (ETZ) as set forth by (1), NMSA 1978 and the Joint Powers Agreement between Doña Ana County and the City of Las Cruces. Therefore, the Las Cruces ETZ Commission (ETZ-C) has jurisdiction to review this case. 3. The proposed Zone Change Request does meet Program and Policy of the Goals, Policies, and Objectives of the ETZ Comprehensive Plan The Zone Change request does satisfy the 2.1.D Evaluation Criteria of the ETZ Ordinance. 5. The subject parcels would be in harmony with the surrounding commercial and industrial zoned properties. 6. The zone change would benefit the public as the parcel would be landscaped and buffered, as required, from surrounding residential properties. Extra-territorial Zoning Commission March 20, 2014 Page 14 of 32

15 7. The acre parcel is large enough of an area for the zone change so it would not be considered a spot zone. 8. Per the Miller Criteria, the EI1 Zone Change request does meet the change of conditions criteria, as numerous zone changes have occurred along both sides of Hwy 70 along the frontage roads. 9. The applicant has overcome the presumption that the existing zoning is the most appropriate and the Zone Change is necessary to protect the public. STAFF RECOMMENDATION Based on the request meeting the Miller criteria, the 2.1.D Evaluation Criteria, policies and objectives of the Comprehensive Plan , and is not considered a spot zone, staff recommends Approval of Zone Change Request. Extra-territorial Zoning Commission March 20, 2014 Page 15 of 32

16 Site Plan Extra-territorial Zoning Commission March 20, 2014 Page 16 of 32

17 Applicants Narrative Extra-territorial Zoning Commission March 20, 2014 Page 17 of 32

18 Applicant s 2.1.D Responses Extra-territorial Zoning Commission March 20, 2014 Page 18 of 32

19 Ortega Letter Extra-territorial Zoning Commission March 20, 2014 Page 19 of 32

20 Friedel/Ubando (Page 1 of 2) Extra-territorial Zoning Commission March 20, 2014 Page 20 of 32

21 Friedel/Ubando (Page 2 of 2) Extra-territorial Zoning Commission March 20, 2014 Page 21 of 32

22 Altamirano Letter Extra-territorial Zoning Commission March 20, 2014 Page 22 of 32

23 Neighborhood Petition (Page 1 of 2) Extra-territorial Zoning Commission March 20, 2014 Page 23 of 32

24 Neighborhood Petition (Page 2 of 2) Extra-territorial Zoning Commission March 20, 2014 Page 24 of 32

25 Locations of Petition Signatories Extra-territorial Zoning Commission March 20, 2014 Page 25 of 32

26 Feb. 27 Neighborhood Meeting Sign-in Sheet Extra-territorial Zoning Commission March 20, 2014 Page 26 of 32

27 Zoning Map Extra-territorial Zoning Commission March 20, 2014 Page 27 of 32

28 Area Aerial Map Extra-territorial Zoning Commission March 20, 2014 Page 28 of 32

29 Close-up Aerial Map Extra-territorial Zoning Commission March 20, 2014 Page 29 of 32

30 Area of Notification Map Extra-territorial Zoning Commission March 20, 2014 Page 30 of 32

31 Area of Notification Aerial Extra-territorial Zoning Commission March 20, 2014 Page 31 of 32

32 Area of Notification List Extra-territorial Zoning Commission March 20, 2014 Page 32 of 32