PLANNING AND ZONING COMMISSION

Transcription

1 DOÑA ANA COUNTY PLANNING AND ZONING COMMISSION Doña Ana County Annex Building 845 North Motel Boulevard Las Cruces, New Mexico Office: (575) MEETING DATE: July 22, 2010 CASE NO: PDR (H) REQUEST: High Intensity Residential APPLICANT: Tomas and Lorena Olivas LOCATION: 659 Montana Vista, Anthony, NM EXISTING ZONING: Performance District PROPERTY SIZE: 1.60 acres RECOMMENDATION: Approval STAFF CONTACT: Albert Casillas, Planner SUMMARY: The applicant is pursuing four (4) mobile homes on a 1.60-acre lot within the Performance District. The property is within the Montana Vista Subdivision Replat # 3 and has access from Montana Vista Ave; a paved County maintained 50 foot right-of-way and E. Joy Drive; a paved County maintained 100 foot rightof-way. Wastewater services will be provided by Doña Ana County and water will be provided by Desert Sands MDWCA. There are two dwellings on the property. All appropriate agencies have reviewed the proposal and responded with no negative comments. Staff recommends approval of Case No. PDR (H) based on compliance with performance standards. The subject property is located at 659 Montana Vista Avenue in Anthony, NM within Township 26 South, Range 3 East, and Section 23, recorded on October 19, 2006 as instrument # in the Office of the Doña Ana County Clerk, and may be further identified by MapCode# Attachments: (1) Area of Notification (2) Application (3) Supporting Documentation (4) Site Plan. July 22, 2010 Page 1 of 14

2 ZONING AND AREA CHARACTERISTICS SITE ZONING LAND USE North Performance District Residential: Mobile Homes South Performance District Mixed Use: Mobile homes, site built homes, M&M Auto Salvage (grandfathered in). East Performance District Residential: Mobile homes and mobile home parks. West Performance District Residential: Mobile Homes July 22, 2010 Page 2 of 14

3 BACKGROUND: There are two existing homes on the property. One is addressed as 659 Montana Vista and the second as 1702 E. Joy Drive. The mobile home located on Joy Drive will be relocated if approved. The maximum number of mobile homes will be four. Access to the property is from Montana Vista Ave; a paved County maintained 50 foot right-ofway and also E. Joy Drive; a paved County maintained 100 foot right-of-way. Joy Drive meets the street access requirement of 60 feet of right-of-way with 36 feet of improved roadway as established in Section 4.6 of the County Ordinance. Wastewater services will be provided by Doña Ana County. Water services will be provided by Desert Sands MDWCA A fire flow analysis was performed for this request. The analysis is based on a simple 1,000 gallon per minute rating as required by the International Fire Code. Both Joy Drive and Montana Vista have 6-inch water distribution lines. When a demand of 1,000 gallons per minute is applied there is a residual pressure of 30 psi (pounds per square inch). This meets the specifications of 1,000 gallons per minute for duration of 2 hours at 20 psi as requested by the Fire Marshal. July 22, 2010 Page 3 of 14

4 NOTICE / NOTIFICATION Eighteen (18) letters of notification were sent out on July 2, Legal Notification was posted in the Las Cruces Sun News on July 4, Signs were posted on the property July 6, Agenda was posted on County Web Site. APPLICABLE PLANS AND POLICIES The following articles within the Doña Ana County Land Use Regulations and Zoning Ordinance No , as amended, provide the policies and ordinance regulations that are applicable to the proposed High Intensity Residential request. DOÑA ANA COUNTY LAND USE REGULATIONS AND ZONING ORDINANCE No , as amended. Section 2.5.B. Public Hearing / Notice Requirements This Ordinance, its amendments, Zone Changes, Planned Unit Development permits and Variances may become effective only after a public hearing has been held at which all interested parties and/or citizens shall have an opportunity to be heard. Signs, supplied by the Community Development Department, shall be posted a minimum of fifteen (15) working days on at least four (4) corners of the subject property, to notify adjacent property owners of the proposed land use request. Notice of the time and place of the public hearing shall be published at least fifteen (15) days prior to the date of the hearing in a newspaper with general circulation in the jurisdiction of the Doña Ana County Commission and the Planning and Zoning Commission, and, for information only, in a paper with general circulation in the geographic area where the site of the proposed action is located. Whenever a parcel, lot, or area of land is to be considered for a Zone Change, Variance, or Planned Unit Development permit, notice of public hearing shall be mailed by first-class mail to the owner, as shown by the records of the County Assessor, of lots or land within three hundred feet (300 ) of and in every direction from the area under consideration, excluding distances devoted to public rights-of-way. In case there are not at least ten (10) such owners within the three hundred feet (300 ) distance, then the distance will be extended until ten (10) such owners are included and notified, providing the area of notification does not exceed a one (1) mile radius. ARTICLE 4: Performance District Section 4.6 PR-3, High Intensity Residential The PR-3 High Intensity Residential classification provides standards for high density, multi-family residential land uses. Septic systems are not allowed for this land use unless approved by NMED. Other uses such as institutional, personal services, community buildings may be included as part of a housing development. Application and Hearing Procedures per Section 2.5 shall be followed for this land use category. July 22, 2010 Page 4 of 14

5 AGENCY REVIEW COMMENTS: Community Development Department: The application has been reviewed by all of the appropriate reviewing agencies. Section 2.5 Application and Hearing Procedures and Section 2.5.B. Public Hearing Notice Requirement has been met in order for the to make a determination. County Flood Commission: The Grading and Drainage Plan needs to be stamped by a licensed engineer within the State of New Mexico. County Engineering Department: Show building setbacks on Plat and provide a landscaping and buffering plan. DAC Fire Marshal: The roadway must be capable of supporting the imposed load of a fire apparatus weighing at least 75,000 pounds. Desert Sands MDWCA: Desert Sands currently provides water service to the property. Doña Ana County Utilities: A positive opinion is issued. Building Services: A Mobile Home Installation Permit is required for all future dwellings and must meet all County, State and Code requirements. The permit has not been applied for. County Rural Addressing: No comments. County Environmental Codes Department: No code violations found on property. RECOMMENDATION: Staff recommends APPROVAL of Case # PDR (H) based on the following proposed findings: FINDINGS: 1. The request of this application is consistent with the following requirements of the Dona Ana County Land Use Regulations & Zoning Ordinance (#158-95), regarding Applications and Hearing Procedures for High Intensity Residential Applications: Section The property is outside of any incorporated municipal zoning authority and the Las Cruces Extra- Territorial Zone, and is within Doña Ana County. 3. The Doña Ana County Planning & Zoning Commission has jurisdiction to review this application. 4. The Site Plan meets the requirements of the Doña Ana County Land Use Regulations and Zoning Ordinance Section 2.2.C. 5. The High Intensity Residential application meets all of the Performance Standards as defined in Section 4.6 of the Doña Ana County Land Use Regulations and Zoning Ordinance No Street access meets the 60 right-of-way with 36 of improved roadway as defined in the Doña Ana County Land Use Regulations and Zoning Ordinance No Section 4.6 for PR-3 High Intensity Residential Standards. 7. This High Intensity Residential Application meets the fire flow requirements as requested by the Fire Marshal. 8. All notice and notification requirements have been meet. July 22, 2010 Page 5 of 14

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