COUNTY SUBDIVISION. Attachments: (1) Staff Analysis (2) Subdivision Maps (3) Related Documents including the Disclosure Statement

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1 COUNTY SUBDIVISION DOÑA ANA COUNTY PLANNING AND ZONING COMMISSION Doña Ana County Government Center 845 N. Motel Blvd. Las Cruces, New Mexico Office: (575) MEETING DATE: August 25, 2011 CASE NO: REQUEST: APPLICANT: LOCATION: SD / Orchard Estates Preliminary Plat Approval for Orchard Estates, a Type Three B Subdivision of 23 lots ranging in size from 0.83 to 5.30-acres PIS, Inc., Paul Pompeo of Southwest Engineering, Agent Northwest of Anthony, NM EXISTING ZONING: Performance District PROPERTY SIZE: acres RECOMMENDATION: Approval STAFF CONTACT: Jonathan Kesler, Planner SUMMARY: The applicant, PIS, Inc, Paul Pompeo of Southwest Engineering, agent, this proposed Type III B Subdivision is a acre parcel zoned PD (Performance District). The applicant seeks to create 23 lots ranging in size from 0.83-acres (0.75-acres net) to 5.30-acres (5.26-acres net). The parcels are located on Aldaz Road, northwest of Anthony, NM within Section 16, Township 26 South, and Range 3 East, and can be further identified by Map Code # Attachments: (1) Staff Analysis (2) Subdivision Maps (3) Related Documents including the Disclosure Statement August 25, Planning and Zoning Commission Page 1 of 50

2 STAFF ANALYSIS: Characteristics of the Physical Site: Level fields in agricultural production surrounded by agricultural production and residential development in a rural atmosphere. BACKGROUND: PIS, Inc., Paul Pompeo of Southwest Engineering, agent, requests a positive recommendation from the P&Z to the BOCC for Orchard Estates Subdivision, consisting of twenty-three (23) lots ranging in size from 0.83-acres (.75-acres net) to 5.30-acres (5.26-acres net) northeast of Anthony. The lots would be on individual wells, propane gas and individual septic systems, for site-built single-family residences. The development would have paved streets meeting County Design Standards. The subdivision would be developed in three stages, with complete build-out of each phase. August 25, Planning and Zoning Commission Page 2 of 50

3 The Preliminary Plat application does not require final design/construction plans for the infrastructure. However, it does require minimum supporting documentation as outlined in Section , A-G of the Subdivision Regulations, Ordinance No This is in order to provide sufficient information to the P&Z and the BOCC to make a determination for a decision regarding the application as outlined in Section 4.5.1, A-I, of this Ordinance. To wit, all appropriate agencies have had the opportunity to review the minimum documentation from October 2010 to July 2011 and have given a favorable opinion satisfying the Subdivision requirements for Preliminary Plat approval. COMMUNITY NOTIFICATION: Nineteen (19) letters of notification were sent out. Signs were posted on the property. The agenda was posted on the Doña Ana County web site Legal notification was published in the Sun-News on July 31, No correspondence in support or opposition was received by Aug 18, APPLICABLE PLANS AND POLICIES: The following articles within the Doña Ana County Comprehensive Plan , Doña Ana County Land Use Regulations Ordinances and Zoning Ordinance No , as amended, and the Doña Ana County Subdivision Regulations No , as amended, provide the policies and ordinance regulations that are applicable to the proposed preliminary plat of Parque Homes for review. DOÑA ANA COUTNY LAND USE REGULATIONS AND ZONING ORDINANCE No , as amended. ARTICLE 2 ADMINISTRATIVE RESPONSIBILITIES Section 2.3; Establishment of the Planning and Zoning Commission (P&Z) H. Review and make recommendations for approval or denial of subdivision plats and re-plats to the Board of County Commissioners, as provided for in the Land Subdivision Regulations of Doña Ana County. Section 2.0; Community Development Department A. Receive, review, file and approve applications for land uses when said land uses are in conformance to the provisions of this Ordinance. K. Receive, review and recommend approval or denial of subdivisions and re-plats to the P&Z as provided for in the Doña Ana County Subdivision Regulations. ARTICLE 4 PERFORMANCE DISTRICT Section 4.4 PR-1, Low Intensity Residential; The purpose of the PR-1, Low Intensity Residential Land Use classification is to provide standards for a single- family site built homes, manufactured homes or mobile homes. August 25, Planning and Zoning Commission Page 3 of 50

4 DOÑA ANA COUNTY SUBDIVISION REGULATIONS ORINANCE NO as amended. ARTICLE 1 GENERAL PROVISIONS Section 1.2., Authority These Regulations are created pursuant to the enabling authority set forth in et seq. NMSA 1978; et seq. NMSA 1978; and , , NMSA 1978, the Doña Ana County Comprehensive Plan (Resolution No ), effective November 22, 1994 and the County Land Use Regulations and Zoning Ordinance No effective October 12,1995. ARTICLE 4, PRELIMINARY PLAT REVIEW PROCESS Section 4.1. Preliminary Plat Submission Preliminary Plat Required. Preliminary plats shall be submitted for Type One, Type Two, Type Three B, and Type Four subdivisions Application/Fees. A sub-divider shall prepare a preliminary plat and supporting documentation in accordance with the requirements provided in these Regulations. Preliminary plat submission is initiated by completing an application on a prescribed form available from the County Planning Division, and upon payment of the required administrative fees. Section 4.3, Public Hearings on Preliminary Plats Scheduling. The Planning and Zoning Commission shall conduct a public hearing after receipt of all requested opinions, either favorable or revised, within the time periods specified in these Regulations. Notice of the public hearing shall be given at least twenty-one (21) days before the hearing date Notice. The notice of public hearing before the Planning and Zoning Commission shall be published in a newspaper of general circulation in the County and shall contain the following information: A. Subject of the hearing. B. Time and place of the hearing. C. Manner for interested persons to present their views. D. Place and manner for interested persons to get copies of any favorable or adverse opinion and of the sub-divider's proposal Notification. Copies of the notice of public hearing shall be transmitted by first class mail to the following: A. The sub-divider filing the application for preliminary plat approval. B. Those public agencies which initially received copies of the preliminary plat and supporting documentation with a request for opinion. C. Any interested persons who previously requested such notice and provided a stamped, self-addressed envelope for such purpose. D. All private owners of property contiguous to or within 300 feet of land proposed to be subdivided must be informed of a proposed subdivision August 25, Planning and Zoning Commission Page 4 of 50

5 proposal. If there are not ten (10) different property owners within 300 ft. distance from the boundaries of the proposed subdivision, the area of notice shall be extended in all directions until ten different owners are found. The current tax rolls of the County Assessor shall be used as the source of ownership information Participation/Record. At the public hearing, the County shall allow all interested persons a reasonable opportunity to submit data, views, or arguments, orally or in writing, and to examine witnesses testifying at the hearing. A record of the public hearing shall be kept. The opinions of the public agencies shall be made a part of the record Approval or conditional approval of a preliminary plat shall constitute approval of the proposed subdivision design and layout of streets, lots, blocks and utilities submitted on the preliminary plat, and shall be used as a guide in the preparation of the final plat. Section 4.4., Expiration of Preliminary Plat Expiration. An approved or conditionally approved preliminary plat shall expire twenty-four (24) months after its approval or conditional approval. Upon request by the sub-divider, an additional period of no more than twelve (12) months may be added to the expiration date by the Board of County Commissioners Phased Development. If the preliminary plat was approved for phased development, the sub-divider may file final plats for portions of the preliminary plat, and the expiration date of the preliminary plat shall be extended for an additional thirty-six (36) months after the date of the filing of each final plat. The number of phased final plats shall be determined by the Board of County Commissioners at the time of the approval or conditional approval of the preliminary plat Extension. Before the expiration date of the approved or conditionally approved preliminary plat, the sub-divider may submit to the Board of County Commissioners an application for extension of the preliminary plat for a period of time not exceeding twelve (12) months, for a total of thirty (36) months Expiration Effect. The expiration of the approved or conditionally approved preliminary plat shall terminate all proceedings on the subdivision, and no final plat shall be filed without first processing a new preliminary plat. Note following Section: 4.5.1, paragraphs A-I, Preliminary Plat Data Documentation is the Decisional Criteria for approval of the Preliminary Plat. Section 4.5, Preliminary Plat Data Requirements Purpose; At a minimum, the supporting documentation required for the preliminary plat review is intended to provide sufficient information for the Planning and Zoning Commission and the Board of County Commissioners to determine that: A. Water quantity sufficient to fulfill the maximum annual water requirements of the subdivision, including water for indoor and outdoor domestic uses. August 25, Planning and Zoning Commission Page 5 of 50

6 B. Water is of an acceptable quality for human consumption and measures are taken to protect the water supply from contamination. C. There is a means of liquid waste disposal for the subdivision. D. There is a means of solid waste disposal for the subdivision. E. There are satisfactory roads to each parcel, including entry and exit for emergency vehicles, and there are appropriate utility easements to each parcel. F. Terrain management protects against flooding, inadequate drainage, erosion and meets the requirements of the Design and Construction Standards. G. There are protections for cultural properties, archaeological sites and unmarked burials that may be directly affected by the subdivision, as required by the Cultural Properties Act. H. The sub-divider can fulfill the proposals contained in the disclosure statement for the subdivision. I. The subdivision will conform to the New Mexico Subdivision Act and these Regulations Minimum Documentation. Supporting documentation, as a minimum, shall include: A. Water supply plan including water quantity demand, conservation, water quality, and fire protection components. B. Liquid waste disposal plan. C. Solid waste disposal plan. D. Documentation of legal status, and general description of condition of the accessibility of site to roads and utilities. E. Terrain management plan. F. Cultural properties protection. G. Disclosure statement Phased Subdivisions. Subdivisions which are proposed to be phased and filed in multiple final plats shall include an anticipated phasing schedule for the final plats and a schedule of improvements. AGENCY COMMENTS: County Rural Addressing: Neither Burkett nor Witchita are duplicates of an existing road name in Doña Ana County according to our records. Did you mean to spell it Witchita rather than Wichita? County Fire Marshall: Approved with the following condition: a letter by a registered engineer must be submitted indicating that the water flow and all equipment required is sufficient to supply the sprinkler system. County Engineering Department: Approved, with these additional comments: 1. Adjacent roadway improvements will be required. Provide construction drawing by Final Plat. 2. Provide a cross-section for the internal roadways, by Final Plat. 3. A maintenance agreement will be required by Final Plat. 4. Provide a Geotechnical Report by Final Plat. August 25, Planning and Zoning Commission Page 6 of 50

7 County Flood Commission: A positive opinion is issued. State Engineer, Santa Fe: This office has determined that the subdivider can furnish water sufficient in quality to fulfill the maximum annual water requirements of the subdivision, including water for indoor and outdoor domestic uses, and the subdivider can fulfill the proposals in his Disclosure Statement concerning water. NMED, Santa Fe: No issues. Subdivider needs to follow the regulations regarding air quality, ground water, and surface water per state and federal law, per NMED s letter of December 21, NMDOT, Santa Fe: The appropriate engineers of the NMDOT have reviewed the submitted material and do not have any further comments or concerns. SHPO, Santa Fe: A positive opinion is issued. This area has not been surveyed for cultural resources. If archeological artifacts are found, please contact this office at Doña Ana S&WCD: A positive opinion is issued, as of December 28, County Utilities: Not in County Sewer Service area. FINDINGS: The Planning and Zoning Commission shall receive, hear and make determination on said, a request for a Preliminary Plat approval for Orchard Estates based on the following findings of fact: 1. This application is consistent with the Doña Ana County Subdivision Regulations (Ordinance No , as amended); Article 4 regarding procedures and requirements for the processing of Preliminary Plats. 2. The P&Z has jurisdiction to review this application. The property is outside of any incorporated municipal zoning authority and the Las Cruces Extra-Territorial Zone, and is within Doña Ana County. 3. This application is consistent with the Doña Ana County Land Use Regulations and Zoning Ordinance No for PR-1 Low Intensity Residential as defined in the Performance District Standards. 4. The Orchard Estates Preliminary Subdivision Plat Data Requirements meet Section of the Subdivision Ordinance, per the reviews by various agencies, for review by the P&Z and: a. Water quantity (via wells) is sufficient to fulfill the maximum annual water requirements of the subdivision, including water for indoor and outdoor domestic uses. b. Water is of an acceptable quality for human consumption and measures are taken to protect the water supply from contamination. c. There is a means of liquid waste disposal for the subdivision. August 25, Planning and Zoning Commission Page 7 of 50

8 d. There is a means of solid waste disposal for the subdivision. e. There are satisfactory roads to each parcel, including entry and exit for emergency vehicles, and there are appropriate utility easements to each parcel. f. Terrain management protects against flooding, inadequate drainage, erosion and meets the requirements of the Design and Construction Standards. g. There are protections for cultural properties, archaeological sites and unmarked burials that may be directly affected by the subdivision, as required by the Cultural Properties Act. h. The sub-divider can fulfill the proposals contained in the disclosure statement for the subdivision. i. The subdivision will conform to the New Mexico Subdivision Act and these Regulations. 5. Approval of the Preliminary Subdivision Plat shall constitute approval of the proposed subdivision design and layout of streets, lots, blocks and utilities, and shall be used as a guide in the preparation of the Final Plat. 6. Section , Scheduling, , Notice, and , Notification, of Article 4 Preliminary Plat Review of the Subdivision Regulations have been followed and met for public notification. 7. The proposed lots within Orchard Estates Subdivision are consistent with the Doña Ana County Land Use Regulations and Zoning Ordinance for PR-1 Low Intensity Residential as defined in the Performance District Standards. STAFF ANALYSIS / RECOMMENDATIONS: The Preliminary Plat for Orchard Estates Subdivision meets the minimum lot development standards within the Performance District. Public and community notification procedures as outlined in the Subdivision Regulations Ordinance have been met. The minimum supporting documentation as required by the Subdivision Regulations for Preliminary Plat approval were submitted and reviewed by the appropriate agencies and positive recommendations have been issued. The applicant is aware and acknowledges that the design of the access into and out of the subdivision will require approval by NMDOT and the County and the water system upgrades to meet fire flow requirements will be in place prior to Final Plat approval as well as all other requirements. Staff is recommending Approval of the Preliminary Plat for Orchard Estates Subdivision. August 25, Planning and Zoning Commission Page 8 of 50

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