EXTRA TERRITORIAL ZONING COMMISSION CASE ANALYSIS

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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: Doña Ana County CASE NUMBER: Z REQUEST: Adjustment of the ETZ Boundary due to a May 2007 annexation by the City of Las Cruces EXISTING ZONING: County Performance District PROPOSED ZONING: EH, ER1, ER2 LOCATION: 3,822-acres east of the City of Las Cruces in the Talavera area from north and south of Soledad Canyon Rd. and south along Ladera Canyon Rd., and westward to Lost Padre Mine Rd. within T21S, R1E and R2E. CASE #Z07-011/DOÑA ANA COUNTY: Doña Ana County is adjusting the Extra-Territorial Zoning Boundary due to the May 2007 annexation of the Vistas at Presidio I Subdivision by the City of Las Cruces. The subject properties will go from County Performance District zoning to ETZ zoning. The affected properties are located on approximately 3,822 acres east of the City of Las Cruces comprising the eastern portion of the Talavera Area, north of Soledad Canyon Rd. and east of Spur Ridge Rd., and south along both sides of Ladera Canyon Road, and westward to Lost Padre Mine Road, within Township 23 South, Range 3 East. Staff recommendation: Based on the analysis and findings of fact staff recommends APPROVAL of Case #Z07-011/Doña Ana County per the attached zoning map. Z07-011/Doña Ana County - 1 -

2 ANALYSIS: In order to maintain a five-mile buffer zone around the City of Las Cruces, the Doña Ana County staff, as authorized by Sections , N.M.S.A., 1978, and the Joint Powers Agreement Act of the State of New Mexico, Sections through , N.M.S.A., 1978 and the Las Cruces Extra-Territorial Zone Ordinance No , adjusted the ETZ Boundary last year. This zone change request was prompted by an annexation by the City of Las Cruces of the Vistas at Presidio I Subdivision on the east mesa in May At a Talavera area community meeting September 15, 2007, staff announced that an area informational meeting would be held November 7, The November 7 th meeting was attended by approximately 82 residents. A brief introduction was made by staff and the residents were informed that due to the city annexation of the Vistas at Presidio I Subdivision in May 2007, the ETZ will expand and a steering committee would be formed to guide the area residents through the initial zoning process. An open question and answer period followed with most of the discussion and questions focused on the zoning process, timing of the public hearings, and make-up of the committee. On November 28, 2007 another community meeting was held and attended by 25 residents. One resident voiced his opposition to the legality of the Steering Committee and advised the participants that he would reserve the right to protest at a later date. A motion was made and approved to elect a seven (7) member Steering Committee. Fourteen (14) residents were nominated for the steering committee. Those nominees in attendance gave a brief bio and staff read aloud the nomination forms of those nominees not in attendance. Ballots were distributed to the attendees for voting and were counted by staff and the results announced. The results indicated a two-way tie for the seventh position on the committee. A motion was made and approved to expand the committee to nine (9) members to include the two tied members and the nominee with the next highest vote total to take the 9 th position on the committee. On December 12, 2007 member handbooks were distributed by staff and the Steering Committee elected officers, agreed to an agenda format, formed some community input guidelines, and agreed to meeting notification procedures. Three meeting dates were proposed and approved. (January 23, February 13, and March 12, 2008) On January 23, 2008, the Talavera Area Steering Committee heard a brief history of the area, received copies of relevant state statutes, approved a proposal to draft a letter, and directed staff to produce an initial zoning map for inclusion in the notification letter for the March 12, 2008 community meeting. The February 13, 2008 meeting featured a brief presentation by staff highlighting the proposed zoning map (pg. 9). The Committee is recommending ER2 throughout the areas adjacent to the existing ER2 and ER3 zoning in the area and an area of ER2 adjacent to Z-Ranch Estates south to Soledad Canyon Rd. The area south of Soledad Canyon Rd. along both sides of Ladera Canyon Rd., is proposed to be zoned ER1 except for one area (5 parcels, approx acres) approx. ¾ mile south of Soledad Canyon Rd. on the east side of Ladera Canyon Rd. is recommended to be ER2. All BLM land is recommended as EH zoning. The resignation of a committee member was accepted. The Committee approved a motion to not count the Chairman s vote if a Committee vote ends in a tie. On March 12, 2008, the Talavera Area Steering Committee hosted a community meeting to present the proposed zoning map and to take input from the 15 attendees. Staff presented the proposed zoning map. Attendees were allowed to briefly state their reasons for approval or Z07-011/Doña Ana County - 2 -

3 opposition to the proposed zoning map. The most common concerns were water availability and wastewater issues. A consensus among attendees and committee members recommended that the area east of Spur Ridge Rd., adjacent to the Z-Ranch Estates be zoned ER1 and staff was asked to make that change in the next revision of the zoning map. The Committee also approved a motion to allow further public input through March 31, A petition from persons living in the Z-Ranch Estates area recommending ER1 zoning for the entire Z-Ranch Estates was submitted. During the April 16, 2008 meeting, the 8 attendees were allowed to express their opinion on the proposed zoning map (pg. 10). The revised map was reviewed and generally accepted however, one resident again stated his desire to protest the proceedings at a later date and to protest the petition from the Z-Ranch Estates residents. A motion was made and approved to accept the March 12 petition as speaking only for those persons who were signatories and not the entire Z-Ranch Estates population. Based on public input, existing development patterns, restrictive covenances, water, and wastewater issues the Steering Committee recommended ER1 zoning for all areas adjacent to the Z-Ranch Estates Subdivision. The Committee approved a motion to revise the zoning map to show all the Z-Ranch Estates area as ER1 while leaving the one area along Ladera Canyon Rd. as ER2 because there was no public opposition to the ER2 zoning which is the preferred zone of the owners of the properties located there. On May 21, 2008, staff presented the revised zoning map (pgs. 11 & 12) to the committee and 6 attendees from the area. There was no opposition to the proposed zoning map from the public attendees. A motion was made and seconded to recommended approval of the proposed zoning map. The Committee also recommended that staff take the case to the next available ETZ Commission Meeting on. ADJACENT ZONING: North None Federal and State Land. West: South ER1 ER2 ER3 PD None Section 1.01 Residential, 5-acre min. new lot size, single-family site-built homes Residential, 2-acre min. new lot size, single-family site built homes Residential, 1-acre min. new lot size, single-family site built homes Performance District Federal and State Land East None Federal and State Land Physical Characteristics of the Site: The area is located on the southern portion of the East Mesa and is characterized on the western portion of the affected area by sloping desert terrain covered with typical Chihuahuan desert flora and fauna. Several arroyos traverse the area from east to west, including portions of the Tortugas and Pena Blanca Arroyos. The eastern portion of the affected area contains the foothills and steep slopes of the west side of the Organ Mountains. Most are large lots with site-built homes however, many lots are undeveloped. The total affected area is approximately 3,822-acres. 2,473-acres are BLM lands, and the remaining 1,349-acres are privately held. The area is accessed from Soledad Canyon Rd., a county maintained paved road. Z07-011/Doña Ana County - 3 -

4 AGENCY COMMENTS DAC Fire Marshal: Approved. No comment. County Building Inspection: Approved. No permits are required. County Engineering Department: Conditional Approval. Due to the recent flood studies, past events, and restrictive terrain; it would be suitable if the proposed ER2 zoning be changed to ER1 or zoning creating 10 acre parcels or more. County Flood Commission: Conditional Approval. 1. The properties are currently not located in a FEMA Special Flood Hazard (SFHA), however a recent study may place some properties in a flood plain. 2. Due to the extreme topography and the hydraulics of this area we would like to consider a section of the ETZ Zoning code that specifically addresses drainage, section 3.2.B of the ETZ Zoning Ordinance Effective February 1, a. This zoning will allow for regulations of arroyos outlined by the proposed flood zones; b. Regulation of construction in and around arroyos which may contribute as a flooding source; c. Dona Ana county will be able to monitor arroyo activity, and possibly develop a drainage plan for the area; 3. The Dona Ana County Flood Commission would like to assist as much as possible in determining the proper zoning. New Mexico Environmental Department: No comments received. City of Las Cruces Planning: Approved. No comments. Bureau of Land Management: No comments received. Community Notification: Letters of notification were sent to three hundred fifteen (315) property owners. One in opposition (pgs 16-17) to the process was received from Dave Williams, three letters and numerous s were received in support of the proposed zoning map. A petition (pgs 13-15) with 25 signatures was received on March 12 supporting ER1 zoning in the Z- Ranch Estates area. Signs were placed in the area on June 3 and notification was placed in the Las Cruces Sun-News on Sunday, June 1, 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. There were a total of 5 community and 3 steering committee meetings held at the Talavera Fire Station from November 7, 2007 through May 21, The following zones are being proposed for the area: ER1 (Residential, 5-acre minimum new lot size, single-family site-built homes), ER2 (Residential, 2-acre minimum new lot size, single-family site built or mobile homes), All publicly owned land has been Z07-011/Doña Ana County - 4 -

5 designated EH Holding District Zoning, per Section 3.2.G of the ETZ Ordinance. This section states No development of any kind may take place in the district until such time that it is properly zoned. This would only occur if the land were sold to a private buyer. 4. The Joint Powers Agreement Act of 1987 between the City of Las Cruces and Doña Ana County, Section 4. A, authorizes the ETZ Commission to recommend initial zoning on any expanded areas of the ETZ to the ETA. 5. The expansion of the Extra-Territorial Zone is consistent with Section 1.1 ESTABLISHMENT OF THE EXTRA-TERRITORIAL ZONE (ETZ) of the ETZ Comprehensive Plan Z07-011/Doña Ana County - 5 -

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9 Original Proposed Map (Feb. 13, 2008) Z07-011/Doña Ana County - 9 -

10 Proposed Zoning Map (March 12, 2008) Z07-011/Doña Ana County

11 Final FINAL Proposed PROPOSED Zoning ZONING Map (May MAP 21, 2008) Z07-011/Doña Ana County

12 Final Proposed Zoning Map (May 21, 2008) (Included in Public Notification Letter) Z07-011/Doña Ana County

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