SANDOVAL COUNTY PLANNING AND ZONING COMMISSION DECEMBER 10, 2015 PUBLIC HEARING

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1 SANDOVAL COUNTY PLANNING AND ZONING COMMISSION DECEMBER 10, 2015 PUBLIC HEARING To: Sandoval County Planning and Zoning Commission From: Sandoval County Planning and Zoning Division Staff Date: December 10, 2015 SUBJECT: ZNCH Request by Islamic Center of New Mexico, Dr. Abdul Latif Chiragh, agent, for approval of a Zone Map Amendment from CD-RRE (Rio Rancho Estates Community District) to SU (Special Use) for a Cemetery for 3.0 acres of property located within Rio Rancho Estates and west of the Rio Rancho municipal limits, Unit 4, Block 52, Lots 31, 32, and 33, Rio Rancho Estates Subdivision. FACTS: This request involves approximately 3.0 acres in Unit 4 Rio Rancho Estates subdivision, located west of the municipal limits of the city of Rio Rancho, on 39 th Street, south of Southern Boulevard. Islamic Center of New Mexico, property owner, requests approval of a Zone Map Amendment from CD-RRE (Rio Rancho Estates Community District) to SU (Special Use) District to establish a Cemetery on the subject property. The Special Use District requires a minimum lot size of two (2) aces for a Cemetery. The subject site for the proposed Cemetery use is three (3) acres. Unit 4, Rio Rancho Estates Subdivision, is located approximately 2 miles west of Rainbow Boulevard, near the city s western municipal limits. This Unit of the subdivision is sparsely settled, and the subject property has no adjoining settlements. In 2001, the Board of County Commissioners established the Rio Rancho Estates Community District, a residential district, covering the County portion of the Rio Rancho Estates subdivision area, not including the SUzoned utility sites, to establish specific urban development standards and limits on the number of domestic water well connections. In September 2014, the Board of County Commissioners adopted the Rio Rancho Estates Area Plan (RREAP) by Resolution C. The RREAP establishes land use policy for all privately-owned lands within the County portion of Rio Rancho Estates Subdivision, including Unit 4. ZNCH , December 10, 2015 Page 1

2 REVIEW OF REQUEST: The Sandoval County Planning & Zoning Commission must consider the appropriateness of the requested Special Use (SU) zoning for the subject site. Staff will present information contained in the Sandoval County Comprehensive Plan, the Sandoval County Comprehensive Zoning Ordinance, the Rio Rancho Estates Area Plan, as well as information from other applicable regulations and policies, to the Planning and Zoning Commission. The Planning and Zoning Commission will vote on a staff recommendation on this case. Requests for Special Use (SU) zoning are reviewed and voted on by the Planning and Zoning Commission as a recommendation to the Board of County Commissioners, which may grant final approval of this request. The applicant has submitted material for review of this request that includes narrative information, a land use site plan, and elevations of the office, concrete block wall, and lighting standards. REVIEW OF REQUEST - PLANS, POLICIES, AND REGULATIONS: Sandoval County Comprehensive Plan: The following policies in the Sandoval County Comprehensive Plan are applicable to this request: Section I: Land Use and Natural, Historic, and Cultural Resources. B. POLICY: Sandoval County shall retain a prevailing rural residential character while promoting an orderly development of business and industry in appropriate locations. (emphasis added) (p. 7). STRATEGIES: 3. Development decisions shall be based on impact on surrounding land uses, particularly in residential and agricultural areas, air and water quality considerations, effect on public health and safety, and the availability of public services and adequate infrastructure (p. 7). The subject site is sparsely settled and currently there are no adjoining settlements. Such a location is well suited for the proposed Cemetery use. The subject site is within one (1) mile of Southern Boulevard, an arterial road, which will provide adequate vehicle ingress and egress for expected traffic involved in activities at the subject site. As there are no adjoining settlements, there are no adjoining settlements which would be adversely affected by the proposed Cemetery use. Rio Rancho Estates Area Plan: The Rio Rancho Estates Area Plan (RREAP) is a policy plan for the County s jurisdiction of the Rio Rancho Estates subdivision area. With an area of over 43,000 acres, the RREAP is designed to serve as a policy guide for the area s future development. Policies in the RREAP address issues including preservation of existing neighborhoods, future residential and non-residential development, and water conservation. ZNCH , December 10, 2015 Page 2

3 Section 12, Plan Concept, proposes a Water Conservation Area/Open Space Area for the following purposes (see attached map, subject areas are purple and yellow): Neighborhood Preservation Area (YELLOW: 1,676 Acres/2,665 Parcels): The Neighborhood Preservation Areas are existing neighborhoods in the plan area. The County will support continued single family residential development in these areas to stabilize and preserve the neighborhoods. These areas may continue utilizing individual water wells for a long-term water source. Neighborhood Preservation/Private Sector Limited Redevelopment Area (PURPLE: 4,631 Acres/5,663 Parcels): The Neighborhood Preservation/Private Sector Limited Redevelopment Areas are neighborhood areas which have potential to support limited mixed-use (commercial, office, light industrial, highdensity residential) redevelopment. Higher density redevelopment will be supported along Northern and Southern Boulevards, and at major road intersections, to facilitate adequate traffic access and minimize traffic related impacts on neighborhood areas. These areas may continue utilizing individual water wells for a long-term water source (RREAP, p. 40). The site of the proposed Cemetery use is within a Neighborhood Preservation/Private Sector Limited Redevelopment Area. In an area where non-residential development is anticipated, the proposed Cemetery use is consistent with this policy. Sandoval County Comprehensive Zoning Ordinance: Section 10, Special Use District, Comprehensive Zoning Ordinance, establishes that the Special Use district accommodates developments that require special consideration because of their magnitude, unusual nature, questionable impact on surrounding property The proposed Cemetery use, if approved, would be the only Cemetery use in this area, and there are currently no adjoining settlements. Section 13, Zone Map Amendments, states that the Board of County Commissioners may not grant a Zone Map Amendment for establishment of a Special Use District unless satisfactory provisions have been made: (The applicant has submitted narrative responses to these criteria and are entered below): 1. To assure that compatibility of property uses shall be maintained in the general area; The applicant s response is the following: Proposed Cemetery is a traditional aspect of residential areas. Therefore, there should not be any negative impact on the surrounding residential area since the cemetery will be well landscaped, fenced, and gated. Staff s comments: Staff is in agreement with the applicant s response. The applicant has submitted a detailed site plan that includes an ingress/egress plan, building, parking, lighting, landscaping, and Cemetery plot design. The site plan indicates that the site will be surrounded on all sides by a 6-foot concrete block wall, and the site will be accessed through sliding gates adjacent to 39 th Street. The enclosed site design, minimal lighting, and landscaping, insure that the proposed Cemetery use will be of minimal impact to the surrounding area and will not be a detriment to future development ZNCH , December 10, 2015 Page 3

4 2. To preserve the integrity and character of the area in which the Special Use District will be located, and the utility and value of property in the Special Use District and in adjacent zone districts; The applicant s response is the following: Landscaping inside the cemetery and a fence around the cemetery will preserve the integrity and character of the surrounding area. Further, the property is located on the public street Staff s comments: Staff is in agreement with the applicant s response. The proposed Cemetery use is viewed as compatible with adjoining and surrounding residentially zoned properties due to its low physical profile, relatively quiet operation, no airborne emissions, and lack of daily personnel and related traffic. The proposed use is not viewed as potentially disruptive to existing and future residential use of the surrounding area. Adjacent access to Southern Boulevard insures that traffic related to events on the subject site will not be disruptive to the surrounding area. 3. To assure that the Special Use District will not become detrimental to the public health, safety, or general welfare of the County. The applicant s response is the following: A septic tank will be built to deposit water and liquid waste (see attached approval). Solar lights will be installed to keep the area well lighted. Entrance and exit gates will be built. Further, we will comply with all County, state, and federal regulations for the burial purposes. Staff s comments: Staff is in agreement with the applicant s response. The proposed Cemetery Use proposal includes requirements for liquid waste disposal, adequate lighting, and security to maintain a reasonably safe level of operation within and outside the proposed use. The proposed use does not pose any concern to the public health and general welfare of the community. 4. To assure that the Special Use District will not conflict with the Sandoval County Comprehensive Plan or any other applicable land use plans adopted by the County. The applicant s response is the following: The proposed Cemetery faces 39 th Street and is fenced on all four sides. Traditionally a cemetery is located adjacent to a residential area. Hence, it does not conflict with the Sandoval County Comprehensive Plan. Staff s comments: Staff is in agreement with the applicant s response. In addition, the Rio Rancho Estates Area Plan (RREAP) designates the area surrounding the subject site as residential with specific locations for higher density residential and commercial uses. The proposed Cemetery use fits well with RREAP land use policy. ZNCH , December 10, 2015 Page 4

5 Comprehensive Zoning Ordinance Section 19, Amendments, Subsection F, Guidelines, states that the County Board shall not approve a Zone Map Amendment unless satisfactory provision has been made concerning the following, where applicable: 1. Accessibility to property and proposed structures thereon, with particular reference to pedestrian safety, traffic control, and emergency access in case of fire, flood, or catastrophe; The proposed Cemetery use is located adjacent to 39 th Street, to the south less than one (1) mile from Southern Boulevard. There is no adjoining development. The proposed site plan establishes ingress, egress and internal circulation for traffic. The subject site is adjacent to 39 th Street, a public street that connects to Southern Boulevard. The County Fire Chief has reviewed the submitted site plan and has approved the access road dimension and circulation design for emergency access purposes. The proposed Office building shall be subject to inspection and approval for fire safety and occupancy by the County Fire Chief. The subject site is within the planning area and flood control jurisdiction of the Southern Sandoval County Arroyo Flood Control Authority (SSCAFCA). This application was sent to SSCAFCA for their comments. The subject site is comprised of three (3) adjoining one-acre lots. The lots are proposed to retain their original lot lines. The proposed Office building is indicated on the site plan with the minimum twenty-five (25) feet front setback distance, and exceeds the minimum twenty (20) feet side and rear setback distances required for non-residential development in the Rio Rancho Estates Community District (CD-RRE). 2. Off-street parking and loading areas where required, with particular attention to the refuse and service areas; The proposed Cemetery use site plan indicated a 1,800 square-foot office building. The minimum required number of parking spaces for the office is one (1) space per three hundred (300) square feet of floor area, or six (6) spaces, as established in Section 9 (4), Rural Off- Street Parking and Loading, Comprehensive Zoning Ordinance. The total number of parking spaces proposed for the office is thirty-three (33). The minimum required number of parking spaces for physically challenged motorists is two percent (2%) of the minimum required number of parking spaces, which is one (1) space. The proposed Cemetery use site plan indicated two (2) parking spaces for physically challenged motorists. Parking space dimensions shall be in compliance with Section 9 (4), Rural Off-Street Parking and Loading, Comprehensive Zoning Ordinance The access drive to the subject site is indicated on the site plan as having a 28-foot width. All driveway and parking areas are to be paved with asphalt. Site lighting is indicated on the site plan as fifteen (15) foot pole standards with full cut-off fixtures to minimize light glar onto adjoining properties and public right-of-way. ZNCH , December 10, 2015 Page 5

6 3. Water and liquid waste facilities, with reference to soil limitations, locations, and public health; The applicant has included approved permits for a water well and a septic system for the proposed use. 4. The economic, noise, glare, or odor effects of the conditional amendment on adjoining properties; The proposed Cemetery use is designed to function as an enclosed facility, surrounded by walls and fencing, with an internal office space and internal parking spaces. The proposed use will not emit any emissions or glare, and will not exert any economic-related pressure on adjoining properties. Noise generated from the proposed use are related to traffic movement during planned activities. 5. The general compatibility of the proposed amendment with actual or prospective permissive zoning use of adjacent properties; The site of the proposed Cemetery use is currently zoned Rio Rancho Estates Community District (CD-RRE), a single-family residential district. All of the land within 500 feet of the perimeter of the subject site is under this zone and is vacant. This proposed use is viewed as compatible with adjoining and surrounding residentially zoned properties due to its low physical profile, relatively quiet operation, no airborne emissions, and lack of daily personnel and related traffic. The proposed use is not viewed as potentially disruptive to existing and future residential use of the surrounding area. 6. The overall health and safety of the community. In reference to comments of the applicant in the attached application, Staff agrees that the proposed use does not pose a threat or significant concerns regarding the public health and general welfare of the community. Burial procedures shall follow application regulations of the New Mexico Environment Department. 7. Conformance to the Sandoval County Comprehensive Plan and other applicable land use plans adopted by the County; The proposed Cemetery use is compatible with a residential area (Sandoval County Comprehensive Plan (Section I: Land Use and Natural, Historic, and Cultural Resources. Policy B, p. 7), and is compatible with land use policy in the Rio Rancho Estates Area Plan (Section 12, Plan Concept, Neighborhood Preservation Area, Neighborhood Preservation Private Sector Limited Redevelopment Area, p. 40). 8. The applicant has had a pre-application public meeting where he has invited property owners, occupants, and County staff affected by the proposed amendment when the amendment involves: ZNCH , December 10, 2015 Page 6

7 (A) Creation of a Special Use (S-P) District. The Planning and Zoning Division received a request for the applicant for a waiver of this item on the grounds that there is no existing community that is near or surrounds the subject site. The Planning Director reviewed this request and concluded that based on the lack of adjacent community, this item is not applicable to the request for Special Use (SU) zoning. ZNCH , December 10, 2015 Page 7

8 STAFF RECOMMENDATION In the matter of ZNCH , Staff recommends that the Planning and Zoning Commission recommend this request for APPROVAL to the Board of County Commissioners, based on the following FINDINGS and subject to the following CONDITIONS OF APPROVAL: FINDINGS: (1) ZNCH Request by Islamic Center of New Mexico, Dr. Abdul Latif Chiragh, agent, for approval of a Zone Map Amendment from CD-RRE (Rio Rancho Estates Community District) to SU (Special Use) for a Cemetery for 3.0 acres of property located within Rio Rancho Estates and west of the Rio Rancho municipal limits, Unit 4, Block 52, Lots 31, 32, and 33, Rio Rancho Estates Subdivision. (2) The proposed Cemetery use is a listed land use in the Special Use (SU) district. The Special Use District requires a minimum lot size of two (2) aces for a Cemetery. The subject site for the proposed Cemetery use is three (3) acres. (3) The request for Special Use (SU) district zoning for the proposed Cemetery use is consistent with policies in the Sandoval County Comprehensive Plan regarding the minimal impacts on surrounding residential and agricultural uses, and natural resources (Section I: Land Use and Natural, Historic, and Cultural Resources, Policy B, Strategy 3). (4) The request for Special Use (SU) district zoning for the proposed Cemetery use is consistent with policies in the Rio Rancho Estates Area Plan (RREAP), Section 12, Plan Concept, Neighborhood Preservation Area, Neighborhood Preservation Private Sector Limited Redevelopment Area (p. 40) as the area is planned for additional residential and commercial development. (5) The request for Special Use (SU) district zoning adequately addresses the criteria set forth under Section 10, SU Special Use District, A. Intent, 1 4. (6) The request for Special Use (SU) district zoning for the proposed Cemetery use adequately addresses the criteria for review for a Zone Map Amendment as established in Section 19, Amendments, Subsection F, Guidelines (1-7). Subsection F, Guideline 8, regarding a community pre-application meeting, was found to be not applicable to this request due to a lack of community surrounding the subject site. (7) To date, Staff has received no letters or other communications regarding any objection or concern regarding this request. (8) The subject site is within the planning area and flood control jurisdiction of the Southern Sandoval County Arroyo Flood Control Authority (SSCAFCA). This application was sent to SSCAFCA for their comments. ZNCH , December 10, 2015 Page 8

9 CONDITIONS OF APPROVAL: (1) The uses of the property shall be limited to those proposed with this application. Any substantial change in uses shall require the approval of the Board of County Commissioners upon recommendation of the Planning & Zoning Commission. In no case will any residential development of any kind be allowed within the Special Use (SU) district approved for the subject site. (2) The Zone Map Amendment will become effective upon the approval by the Board of County Commissioners of a plat consolidating the three subject properties into one parcel and vacating road rights-of-way as appropriate. The plat must be submitted for review within 90 days of approval of this request. This plat must be recorded within 180 days of approval of this request. (3) The proposed Office building shall be subject to inspection and approval for fire safety and occupancy by the County Fire Chief. (4) Parking space dimensions shall be in compliance with Section 9 (4), Rural Off-Street Parking and Loading, Comprehensive Zoning Ordinance. (5) The applicant develop and maintain a Storm Water Pollution Protection Plan (SWPPP) for the subject site and approved use for review by the Southern Sandoval County Arroyo Flood Control Authority (SSCAFCA). ZNCH , December 10, 2015 Page 9