DOÑA ANA COUNTY PLANNING AND ZONNING COMMISSION

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1 DOÑA ANA COUNTY PLANNING AND ZONNING COMMISSION Doña Ana County Government Complex 845 N. Motel Blvd. Las Cruces, New Mexico Office: (575) MEETING DATE: June 22, 2017 REQUEST: Variance CASE #: V PURPOSE: PROPERTY OWNER/ APPLICANT/AGENT: LOCATION: PROPERTY SIZE: PARCEL ID NO.: RECOMMENDATION: Variance to road access standards for a proposed development known as Vista Rancho Subdivision. Taylor Road Development, LLC North and South of E. Taylor Rd Between Elks Drive and El Camino Real acres R & R Approval SUMMARY: The applicant Taylor Road Development LLC, requests a Variance to road access standards for a proposed development known as Vista Rancho Subdivision. The Variances include construction requirements of minor local roadway cross sections within Phase 1 of the proposed Vista Rancho Subdivision, improvement/upgrade requirements for Taylor Road, and a Variance on the cross section for Lopez Road. The acre parcel is located west of the intersection of E. Taylor Road and El Nido Road, in Las Cruces, NM, within Township 22 South, Range 1 East, and Sections 25 & 23, recorded on August 10, 2004 under Instrument # , in the Doña Ana County Clerk s office. It can be further identified by Parcel # s R & R REPORT CONTENTS: (1) Case Analysis and Staff Recommendation (2) GIS Information & Maps (3) Application and Supporting Documents (4) Conceptual Plan (5) Petition PLANNING AND ZONING COMMISSION 1

2 SURROUNDING ZONING AND LAND USE SITE ZONING LAND USE North D2L Residential South D2, D2L, City of Las Cruces Agricultural/Residential East D2L, City of Las Cruces Residential/School West D1, D2 Agricultural/Residential Existing Conditions and Zoning: The acre parcel is zoned D2-L (Medium Density Residential) and is located west of the intersection of E. Taylor Road and El Nido Road. The parcel (Pg. 26) is undeveloped and remains mostly vacant, desert terrain. The properties to the north, south and east are mostly residential and the property to the west is used for agricultural purposes. The nearest municipality is the City of Las Cruces and is located immediately south of the subject property. Access to the property is from E. Taylor Road which connects with El Camino Real Road on the west and Elks Drive on the East. The Request: The Variances include construction requirements of minor local roadway cross sections within Phase 1 of the proposed Vista Rancho Subdivision, improvement/upgrade requirements for Taylor Road, and a Variance on the cross section for Lopez Road (Pg.12 & Pg.19). Attached are also the required cross sections under the UDC are attached (Pg ). Vista Rancho Subdivision (VRS) is proposed as a 2-phased project that received a zone change and Master Plan approval from the ETZ and ETA in The VRS development could include up to 358- single family residential units. Phase 1 will consist of approximately 44 lots averaging ¾ acres in size. Traffic to and from the development will access El Camino Real at two intersections: Taylor Road, an existing intersection; and Lopez Road, a new intersection installed by this development during Phase 2. The applicant states that this variance will better help the county, surrounding communities and the adjacent schools by relieving current traffic flows, as well as, reducing response time for emergency vehicles to existing developed communities. The proposed variance will also accommodate existing surface storm drainage and will complement the control of the rural drainage. Roadside swales and detention ponds will relive downstream problems. We propose to fully construct the proposed length of off-site Lopez road and proposed offsite improvements at the same time as the construction of VRS-Phase 1, below are the details of each request in whole. The applicant is also proposing the following off-site improvements: Construction for all offsite improvements and on-site Lopez Road will coincide with the construction for phase 1. PLANNING AND ZONING COMMISSION 2

3 Agreements have been arranged with the Las Cruces School Public Schools Maintenance Department to improve drainage with two adjacent schools. Silt will be removed from existing storm detention ponds to resolve existing problems with drainage on both school campuses. (Exhibit C, Pg. 14) Taylor Road & Elks road intersection Improvements, (Exhibit D, Pg. 15) Taylor Road improvements to El Camino Real, (Exhibit F, Pg. 17) Lopez Road/ Zurtuche Road extension to eastern boundary of the property, (Exhibit G, Pg. 18) new Lopez Road extension to El Camino Real from western boundary of the property. BACKGROUND The Development Review Committee (DRC) reviewed this request on May 4, 2017 where they issued a favorable recommendation to the P&Z on the attached roadway cross sections (Pg.12 & Pg.19) for the proposed variances. The subdivision was undergoing Preliminary Plat review with the City of Las Cruces for the ETZ when the Unified Development Code (UDC) became effective on February 2, 2017 and is now undergoing DAC review. APPLICABLE PLANS, POLICIES, AND CRITERIA FOR APPROVAL Ordinance No , Unified Development Code b Duties of the Planning and Zoning Commission: Receive, hear and make final determinations on applications for variances and special use permits as prescribed by, and subject to, the procedures established herein General Notice Requirements 2.7 Variances Public Hearing and Approval Findings The P&Z and the BOCC, if the matter is appealed, may grant, grant with conditions, or deny a variance after making specific findings on whether the applicant has adequately demonstrated: a. The variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the area of notice; b. The variance will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the area of notice; c. There is a physical hardship resulting from the size or shape of the parcel; or from existing structures on the parcel; or from topographic or physical PLANNING AND ZONING COMMISSION 3

4 conditions on the site or in the area of notice and the hardship is not selfimposed; and d. The variance upholds the purpose and intent of this Chapter, public safety and welfare are secured, and substantial justice is done. NOTICE / NOTIFICATION 95 letters of notification were mailed to the property owners within the area of notice on May 31, Legal Ads were placed in the Las Cruces Sun-News on May 28, Signs posted on the property in a timely manner. Agenda posted on the DAC Web site. AGENCY COMMENTS DAC Engineering: See Attached Comments on Pg. (33) DAC Flood Commission: Pursuant to FIRM No C0893G & 35013C1081G. The subject property is not located in a FEMA Special Flood Hazard Area. The subject property can be further identified as being located in FEMA Other Flood Areas, Zone X, areas determined to be outside 500-year floodplain. Drainage runoff, as a result of increases to impervious area (i.e., construction of new home, concrete slabs, accessory buildings, etc.), shall be maintained on property. DAC Fire Marshal: Variance approved only. All future structures will be required to meet all fire code requirements. DAC Building Services: No comments. DAC Rural Addressing Coordinator: No comments. DAC Zoning Codes: No comments. DASO Codes: No violations. DAC Utilities: No Issues. Sewer provided by Doña Ana Mutual Domestic Water Association. Advanced Planning: Variance does not affect UDC 5.7 landscaping, buffering & fencing requirements. NMDOT: No issues or concerns on the road variances. There are not NMDOT roads. NMED: No comments. DRC: See Attached Minutes on Pg.22 PLANNING AND ZONING COMMISSION 4

5 STAFF ANALYSIS The Planning and Zoning Commission being duly appointed shall receive, hear and make final determination on this Variance request. The decision of the Planning and Zoning Commission can be appealed by an aggrieved party or person to the Board of County Commissioners. The acre parcel is zoned D2-L (Medium Density Residential) and is located west of the intersection of E. Taylor Road and El Nido Road. The parcel is undeveloped and remains mostly vacant, desert terrain. The properties to the north, south and east are mostly residential and the property to the west is used for agricultural purposes. The nearest municipality is the City of Las Cruces and is located immediately south of the subject property. The Variances include construction requirements of minor local roadway cross sections within Phase 1 of the proposed Vista Rancho Subdivision, improvement/upgrade requirements for Taylor Road, and a Variance on the cross section for Lopez Road (Pg.12 & Pg.19) as well off-site improvements. The Development Review Committee (DRC) reviewed this request on May 4 th, 2017 where they issued a favorable recommendation to the P&Z on the attached roadway cross sections (Pg.12 & Pg.19) for the proposed variances Findings The variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the area of notice. Nearby roads within the Marisol Subdivision are paved. The proposed cross sections slightly differ from what s required in the UDC. If approved, they will still have to be paved and constructed to County Standards. The variance will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the area of notice. All roads will be constructed to county standards to ensure the health, safety and welfare of the public. The applicant states this variance will better help the county, surrounding communities and the adjacent schools by relieving current traffic flows, as well as, reducing response time for emergency vehicles to existing developed communities. There is a physical hardship resulting from the size or shape of the parcel; or from existing structures on the parcel; or from topographic or physical conditions on the site or in the area of notice and the hardship is not self-imposed. The proposed road design will accommodate existing surface storm drainage and will complement the control of the rural drainage. Road side swales and detention ponds will relive downstream problems. The variance upholds the purpose and intent of this Chapter, public safety and welfare are secured, and substantial justice is done. Relieving current traffic flows, reducing response time for emergency vehicles to existing communities, paving and constructing the roads to County standards will promote the health, safety and welfare of the public and uphold the purpose and intent of the UDC. PLANNING AND ZONING COMMISSION 5

6 STAFF FINDINGS: 1. The request of this application is consistent with the requirements of 2.7 Variance of Ordinance No The property is outside of any incorporated municipal zoning authority and is within Doña Ana County. 3. Pursuant to b, the Doña Ana County Planning & Zoning Commission shall receive, hear and make final determinations on applications for variances and special use permits as prescribed by, and subject to, the procedures established herein. 4. Notice requirements have been met as prescribed in Public Hearing and Approval. 5. The Variance request has met the following evaluation criteria under of the Code. a) The variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the area of notice. Nearby roads within the adjacent Marisol Subdivision are paved and have intermittent sidewalks. Although the developer is not proposing sidealks, they are proposing a multipurpose path that will link the subdivisions together and furthermore these lots will be ¾ acres in size making this a rural residential subdivision. b) The variance will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the area of notice. All roads will be constructed to county standards to ensure the health, safety and welfare of the public. The applicant states this variance will better help the county, surrounding communities and the adjacent schools by relieving current traffic flows, as well as, reducing response time for emergency vehicles to existing developed communities. c) There is a physical hardship resulting from the size or shape of the parcel; or from existing structures on the parcel; or from topographic or physical conditions on the site or in the area of notice and the hardship is not self-imposed. The proposed road design will accommodate existing surface storm drainage and will complement the control of the rural drainage. Road side swales and detention ponds will relive downstream problems. d) The variance upholds the purpose and intent of this Chapter, public safety and welfare are secured, and substantial justice is done. Relieving current traffic flows, reducing response time for emergency vehicles to existing communities, paving and constructing the roads to County standards will promote the health, safety and welfare of the public and uphold the purpose and intent of the UDC. STAFF RECOMMENDATION: Based on the request meeting the applicable sections of the Doña Ana County Ordinance No , the Unified Development Code, Staff recommends Conditional Approval of Case #V The applicant must receive final approval from County Engineering on the proposed cross sections. PLANNING AND ZONING COMMISSION 6

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20 REQUIRED CROSS SECTIONS IN UDC PLANNING AND ZONING COMMISSION 20

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22 DRC MINUTES PLANNING AND ZONING COMMISSION 22

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26 CLOSE UP PLANNING AND ZONING COMMISSION 26

27 ZONING MAP PLANNING AND ZONING COMMISSION 27

28 PROPERTY NOTIFICATION AERIAL PLANNING AND ZONING COMMISSION 28

29 NOTIFICATION TABLE PLANNING AND ZONING COMMISSION 29

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31 SURROUNDING AREA PLANNING AND ZONING COMMISSION 31

32 LOCATION MAP PLANNING AND ZONING COMMISSION 32

33 ENGINEERING COMMENTS PLANNING AND ZONING COMMISSION 33