EXTRA TERRITORIAL ZONING COMMISSION CASE ANALYSIS

Transcription

1 DOÑA ANA COUNTY CASE # Z COMMUNITY PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT Building Planning GIS 845 North Motel Boulevard Las Cruces, New Mexico (575) Fax: (575) Toll Free: 1 (877) TTY: (575) CASE ANALYSIS APPLICANT: Larry Johnson CASE NUMBER: Z REQUEST: Zone Change from ER 3M to EC 2 LOCATION: South of the City of Las Cruces, west of I-10 on the corner of Harper Road and Stern Drive CASE #Z08-009/JOHNSON: The applicant, Larry Johnson (Marvin McGee, agent) is requesting a zone change on a acre parcel from ER 3M (Residential, one-acre minimum new lot size, single-family site-built and mobile homes) to EC 2 (Community Commercial, 5000 sq. ft. minimum new lot size) for the purpose of building a 10,600 sq. ft. mini storage and recreational vehicle storage business as permitted in Section 3.1.K.3.b.4 of the Ordinance. The subject parcel is south of the City of Las Cruces, west of I-10 on the corner of Stern Dr. and Harper Rd. within Section 25, Township 24 South, Range 2 East, and can be further identified by Map Code # Staff recommendation: Based on the analysis and findings of fact staff recommends APPROVAL of Case #Z08-009/Johnson, with the following conditions. Applicant shall: 1. Submit a grading and drainage plan at the time of application for a building permit. 2. Meet all conditions of Section 3.1.K.3.b.4 and the landscape and buffer requirements of Section 4.2.C of the Ordinance for Buffer D. 3. Obtain approval from the New Mexico Department of Transportation to access Stern Drive. The applicant is proposing the Zone Change to build a 10,600 sq. ft. mini storage and recreational vehicle storage business as permitted in EC 2 Zoning, Section 3.1.K.3.b.4 of the Ordinance. The business would occupy the northern 6.52-acres of the property; the remaining 9.67-acres would remain undeveloped. Currently there is no development on the property. All storage of recreational vehicles would be in enclosed structures, with one employee on the premises. The property would have an office building, storage buildings, paved driveways, utilities, and two (2) storm water retention basins. The business would access Stern Drive. The Applicant had originally applied for a Zone Change to EI2, and the analysis was prepared accordingly. However, after consulting with senior staff, and approval by the applicant and his Z08-009/Johnson - 1 -

2 agent, the decision was made to seek a Zone Change to EC 2 instead, since this classification allows for commercial uses such as mini and RV storage without allowing industrial uses adjacent to residential zoning that would be permissible under EI 2 zoning. The proposed zoning will permit uses outlined as follows: Section 3.1.K EC2 COMMUNITY COMMERCIAL DISTRICT 3.1.K.1 PURPOSE The purpose of the EC2 district is to provide sufficient space in appropriate locations for retail and personal service uses and some commercial recreational uses, generally serving an area of several neighborhoods in a given community. 3.1.K.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 45 feet Residences in the EC2 district shall comply with the development requirements for the ER5 district as outlined in Section 3.1.F.1 of this Article. 3.1.K.3 PERMITTED USES IN EC2 DISTRICT The following uses are permitted by right in the EC2 district. 3.1.K.3.a PERMITTED USES - NO CONDITIONS 1. All uses permitted under Section 3.1.J.3.a of this Article 17. Lawn and garden equipment sales, rentals and service 2. Ambulance services 18. Locksmith services 3. Apparel shops 19. Medical outpatient clinics 4. Automobile service stations 20. Miniature golf courses 5. Billiard or pool halls 21. Mortuaries 6. Bowling alleys 22. Motion picture theaters 7. Burglar alarm services 23. Musical instrument supplies, sales, rental and service 8. Data processing centers 24. Newspaper establishments, including distribution offices 9. Department stores 25. Pawn shops 10. Electrical shops 26. Painting equipment and supplies, sales and rentals 11. Frozen food lockers 27. Residences 12. Glass cutting and finishing shops 28. Retail sales of accessories, antiques, art, art supplies, jewelry, music, sporting goods and similar stores and shops. 13. Hospital equipment and supplies, 29. Second-hand goods - retail sales sales, rentals and service Z08-009/Johnson - 2 -

3 14. Hotels and motels 30. Taxicab stands 15. Household appliances sales and 31. Upholstery shops service 16. Juke box and coin machine sales, 32. Weight reduction salons rentals and service 3.1.K.3.b PERMITTED USES - WITH CONDITIONS The following uses are permitted in EC2 in accordance with stated conditions: 1. All permitted uses with conditions allowed under Section 3.1.J.3.b of this Article 2. Amusement parks or enterprises Temporary amusement enterprises are prohibited within three hundred (300) feet of any residential zoning district. Permanent amusement enterprises are prohibited within five hundred (500) feet of any residential zoning district. Go-cart tracks and other similar facilities must be located at least one thousand (1000) feet from any residence and at least one hundred (100) feet from any public way. The spectator areas shall be protected from the vehicular area by suitable fencing, bumpers or other protective devices. 3. Auction yard, structure or flea market The off-street parking area must be clearly separated from the sales area. A minimum of one (1) off-street parking space is required for each display stand or area and one (1) space for every two hundred (200) square feet designated as an entire display area. Each display stand requires a minimum of twenty (20) square feet and a minimum of one (1) chemical or standard toilet is required for every twenty (20) display stands or fraction thereof. 4. Automobile, mobile home, trailer or 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 any residential zone 5. 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 (3000) square feet and not exceed thirty (30) percent of the total gross floor area. Welding is permitted only in conjunction with repairs and shall not be sued for the purpose of heavy equipment assembly. 6. Mini storage units Units shall not be used for commercial sales of products, merchandise, service or repair 7. Welding (accessory use) Welding shall be permitted only as an incidental or accessory use necessary for the repair of vehicles or equipment. Welding for the purpose of assembly is prohibited. Welding uses shall be approved by the County Codes Compliance Division. 3.1.K.4 EC2 SPECIAL USE PERMITS Z08-009/Johnson - 3 -

4 The following uses require a public hearing pursuant to Section 2.1.G of this Ordinance and approval by the ETZ Commission: 1. Adult entertainment uses Uses such as adult bookstores, adult photo studios, adult theaters and adult news racks as defined under Section 1.6 of this Ordinance, shall be permitted provided such use is located a minimum of one thousand (1,000) feet from a property line of any school, church, public park or recreational facility or residential zoning district. There shall be no public display of adult pictures or materials within a grocery store, bookstore or other retail or wholesale outlet and the pictures and materials must be concealed from public view at all times. 2. Mobile homes on a temporary basis during construction period for the purpose of housing security guards, pursuant to Section 3.1. of this Article. Conditions shall be attached regarding unobtrusive sitting and screening. 3. All uses requiring a Special Use Permit 13. Drive-in theaters under Section 3.1.J.3.c of this Ordinance 4. Airport and heliports 14. Major facilities for generation of energy 5. Animal hospitals and clinics 15. Nursing or convalescent homes 6. Auditorium or assembly halls 16. Racetracks 7. Bus passenger terminals 17. Recreational vehicle parks 8. Cemeteries and crematoriums 18. Recycling purchase centers 9. Commercial kennels 19. Skating rink: roller or ice skating 10. Commercial parking garages 20. Stadiums or athletic fields: baseball, football, soccer, track or similar sports 11. Convention or exhibition halls 21. Mobile home units for security guards on temporary basis during construction period only 12. Dance halls Physical Characteristics of the Site: Undeveloped Chihuahuan Desert terrain traversed by small arroyos. Agency Comments: Please note: Staff submitted the additional information provided by the applicant s agent to the Doña Ana County Flood Commission staff, which had recommended denial in their first review of July 3, See their updated comments, below. DAC Fire Marshal: Approved, no comments. In addition, Norman Saunders, President of the Brazito Mutual Domestic Water Consumers Association, stated to staff that a fire hydrant is located on Harper Road that can provide 250 gpm with approximately 50 psi for two (2) hours. County Building Inspection: Approved. A building permit is required for all future buildings and must meet all County, State, and code requirements. The permit has not been applied for. County Engineering Department: Conditional Approval. 1. Applicant shall adhere to DAC requirements for future developments, i.e., drainage report Z08-009/Johnson - 4 -

5 2. Defer comments to NMDOT. NMDOT mat require a driveway permit and TIA. 3. No access shall be allowed off Harper Rd. County Flood Commission: Denial 1. The subject property is currently located outside a Special Flood Hazard Area (SFHA) per FIRM 35013C0675E, effective Date: September 27, It appears further drainage analysis may be warranted. Although a berm exists along Stern Drive and diverts flows to the north, support documentation has not been provided to verify that this berm is sufficient to divert all flows. Furthermore, since this berm is not within property boundaries, it cannot be guaranteed that the berm will remain. Therefore, drainage easements should still be placed for the middle arroyo that traverses the property. 3. Although this office is not necessarily opposed to the Zone Change for this property, we feel that additional information is needed to approve the site plan (see comment #2 above) as is. New Mexico Environmental Department: Approved. Applicant shall meet all federal, state, and county regulations regarding Wastewater treatment and Disposal, Solid Waster Disposal, and Surface Drainage/Land Clearing/Dust Control issues. New Mexico Department of Transportation: Conditional approval. A driveway permit application for the access point shall be required and submitted to the District One office in Deming, NM for review and approval. City of Las Cruces MPO: No comments received. City of Las Cruces Planning: No comments received. Elephant Butte Irrigation District (EBID): No comments received. State Engineer s Office: Approved. No adverse comments. Community Notification: Letters of notification were sent to twenty (20) property owners. No letters of opposition or support were received. PROPOSED 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 Article II, Section 2.1.G/Public Hearing and Notice Requirements. 2. The Extra-territorial Zoning Ordinance Article III, Section 3.1.K.1 / EC2: (Neighborhood Commercial, 5,000-sq.ft.minimum lot size, to provide sufficient space in appropriate locations for retail and personal service uses and some commercial recreational uses, generally serving an area of several neighborhoods in a given community). 3. The initial zoning when the Extra-Territorial Zone was established in 1989 was ER3M. In July 2006 water service became available to the parcel for the first time. 4. The Applicant had originally applied for a Zone Change to EI 2. After consulting with senior staff, and approval by the applicant and his agent, the decision was made to seek Z08-009/Johnson - 5 -

6 a Zone Change to EC 2 instead, since this classification allows for commercial uses such as mini and RV storage without allowing industrial uses adjacent to residential zoning that would be permissible under EI 2 zoning. 5. The rezone will place a commercial use on an existing minor arterial roadway (Stern Drive) that accesses a limited access highway (Interstate 10). In addition, the Site Threshold Analysis (STA) estimated that the facility will generate less than thirty (30) trip generations per day. Thus, a Traffic Impact Analysis is not mandated. (See attached) The County paved Harper Road in Spring The Zone Change request is consistent with the following ETZ Comprehensive Plan goals: Goal 1, Objective 1.2: Promote an efficient pattern of land use that follows the adopted comprehensive planning policies and regulatory requirements. Goal 8, Objective 8.2: Support, maintain, and assist growth and expansion of the region s existing business, industrial, and agricultural base. Goal 8, Policy 8.3.3: The County should encourage the development of businesses that can be integrated into the ETZ without adverse impacts on the County s resources. 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: 2.1.D.1 Determination of the number of homes, population, and population demographics. The proposed development is a storage facility. This facility will have one part-time employee (on call), who will respond to customer requests by appointment and perform maintenance and cleaning duties periodically. Customers will have 24-hour access to the facility via a security gate operated by card keys that are issued to renters. 2.1.D.2 Determination of potential traffic flows (average daily traffic) and where they will impact the transportation system. There will be one access point to the proposed storage facility, located at mile marker 6.7 off Stern Drive (Frontage Road 1035). The access point is approximately three hundred feet (330 ) south of the intersection of Harper Road (County Road B-58) and Stern Drive (see site plan). Traffic counts provided by NMDOT report an average daily traffic count for Stern Drive to be less than two hundred (200) vehicles a day. The Site Threshold Analysis (STA) results indicate that additional trip generations will be less than thirty (30). 2.1.D.3 Determination of need for new commercial activity. If granted, the Zone Change should augment the long-term goals that Doña Ana County has for the I-10 corridor. Commercial and industrial properties are generally located along access roads to major highways. This practice generally facilitates access to businesses, and these commercial/industrial properties serve as a buffer zone between residential areas and major traffic routes. There are several commercial/industrial properties located along Stern Drive and Z08-009/Johnson - 6 -

7 Las Alturas (Frontage Road 1037) both north and south of Harper Road, and include retail, selfstorage, and dairy facilities. Additional commercial/industrial districts along the I-10 corridor will increase the buffer zone for residential districts in the area. There will be a beneficial impact to the local economy and tax base should additional commercial/industrial districts be approved in this corridor. The immediate area is dominated by residential zoning with a limited amount of commercial and industrial districts. These include: EC1, EC2, EI1, EI2, and EI3. Additionally, there is a demonstrated need for additional RV/self storage units in the area. The existing storage facilities in the Las Cruces area are at or near capacity. The proposed storage facility will be located along Stern Drive for easy access to and from I D.4 Determination of potential water and sewage needs. Water will be needed for restrooms servicing the office building, for fire suppression, and for irrigation for landscaping. The Brazito Mutual Domestic Water Consumers Association has provided a new letter (see attached) dated August 27, 2008, stating that it can and will provide water to the proposed facility. The parcel will be served by an on-site septic system that shall meet all NMED requirements. 2.1.D.5 Evaluation of existing infrastructure capacities and an analysis of the ability of the existing system to accommodate the new development. The capability of the existing road system is sufficient to meet the increased demand from the proposed facility. The existing traffic system has been evaluated by the traffic analyses performed during development of this application. According to the results of these analyses, the existing road system has more than enough capacity to service traffic generated by the proposed facility without adverse impacts. A complete drainage analysis has been conducted to characterize the pre-development conditions and to estimate the impact from construction of the proposed facility. The existing runoff drainage patterns and capacities will be maintained, and the developer will implement measures to contain additional runoff generated by construction of the storage facility. The drainage report details the steps the developer will follow to assure proper storm drainage. The facility will require construction of water and electric service lines. The developer will arrange with both utility providers to determine construction details and division of costs for construction. In no instance will the developer require financial assistance to construct the utilities. 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. The existing infrastructure has the capacity to adequately handle the increased load that construction and operation of the proposed storage facility will generate. The ADT for Stern Drive is less than two hundred (200) vehicles per day, well below the saturation capacity of the roadway. The STA estimates less than thirty (30). There will be minimum effect to the existing drainage system. The drainage structures that service individual drainage basins will contain the increased runoff volume due to construction. Z08-009/Johnson - 7 -

8 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. N/A 2.1.D.8 Any analysis required should be undertaken and paid for by the developer and verified by the ETZ Commission. The applicant has paid applicable fees. He has also commissioned various analyses to support this Zone Change request, including a Site Threshold Assessment (STH), and a drainage study. Results of the studies are presented herein, and the studies themselves are available for ETZ review. 2.1.D.9 Determination of impact of a proposed zone change on surrounding properties. If granted, the Zone Change and development of the proposed storage facility will have a beneficial effect on the surrounding properties. The increased traffic from this facility will be concentrated along Stern Drive and will minimally affect the residential areas west of the property. This facility will serve as a buffer zone between residential areas and major traffic routes. Undeveloped land surrounds the subject property. With the exception of I-10, Stern Drive, and Harper Road, there are no existing structures on properties adjacent to the proposed development. Nevertheless, the proposed development plan includes provisions designed to minimize the potential for adverse impacts to the surrounding properties and local resources. The local storm drainage system will be maintained, and additional storm water created will be contained in on-lot ponding. As noted on the attached ETA cover sheet, on August 18, 2008, the Authority voted to postpone this case. As requested by this body, the applicant s agent has addressed Authority questions about drainage patterns on the parcel including issues with area culverts and berms; has secured an updated water letter from Brazito MDWCA (attached); and shall address fire flow issues by requesting the attendance at this meeting of a representative of the Doña Ana County Fire Marshall s office. Staff has also corrected the errors in case publication and sign posting. Z08-009/Johnson - 8 -

9 Z08-009/Johnson - 9 -

10 Z08-009/Johnson

11 Z08-009/Johnson

12 Z08-009/Johnson

13 Z08-009/Johnson

14 Z08-009/Johnson