ZONE CHANGE EXTRA-TERRITORIAL ZONING COMMISSION

Transcription

1 ZONE CHANGE EXTRA-TERRITORIAL ZONING COMMISSION DOÑA ANA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT Doña Ana County Government Complex 845 N. Motel Blvd. Las Cruces, New Mexico Office: (575) MEETING DATE: March 17, 2016 CASE #: REQUEST: PURPOSE: PROPERTY OWNER/ APPLICANT/AGENT LOCATION: Z / Austy, LLC Zone Change from EC3 to EI1 Establish a contractor light equipment sales & service facility for the pecan industry Austy, LLC, Dave Hooker, Agent 108 Carver Rd. LEGAL DESCRIPTION: Lot #2, Rios Encantados Subd Phase 1, Tract 1, Replat 2, recorded in the DAC Clerk s Office Nov. 3, 2006, with Instrument # PROPERTY SIZE: 1.68-acres PARCEL ID NO.: RECOMMENDATION: CASE MANAGER: Conditional Approval Steve Meadows, Planner REPORT CONTENTS: (1) Cover Page (2) Case Analysis and Staff Recommendation, (3) GIS Information & Maps (4) Application and Supporting Documents (5) Public Notification Extra-territorial Zoning Commission March 17, 2016 Page 1 of 38

2 SURROUNDING ZONING AND LAND USE SITE ZONING LAND USE North South East West BACKGROUND ER5 - Residential, 0.33-acre minimum new lot size, single family site-built homes. ER2 Residential, 2.0-acre minimum new lot size, single family site-built homes. Transportation Corridor ER4 - Residential, 0.5-acre minimum new lot size, single family site-built homes. Residential Uses Vacant BNS&F Railroad and NM Hwy 478 (S. Main St.) Elementary School Existing Conditions and Zoning: The subject property is a 1.68-acre rectangular shaped, vacant parcel located within an EC3 (Planned Commercial District, 3-acre minimum district size, 5,000 sq. ft minimum lot size, intended to provide attractive and efficient retail shopping and personal services) Zoning District. The subject property is Lot 2, of the Rios Encantados Subdivision, Phase 1, Tract 1, Replat #2. The parcel is located west of Hwy 478 (S. Main St.), a principal arterial (120 R-O- W), and access will be from Carver Road, designated as a minor arterial (100 R-O-W), by the Mesilla Valley MPO. Water is provided to the site by Jornado Water Co., and sewer service is available by the City of Las Cruces. A ten foot (10 ) utility easement is located along the east and south property boundary lines and a 30 X 40 gas regulator easement is located in the southeast corner of the subject parcel (Page 15). The Request: The applicant is requesting a Zone Change from EC3 (Planned Commercial District, 3-acre minimum district size, 5,000 sq. ft minimum lot size, intended to provide attractive and efficient retail shopping and personal services) Zoning District to EI1 (Light Industrial District, 5,000 sq. ft. maximum lot size, a wide variety of light industry, fabricating, processing, wholesale distributing and warehousing uses appropriately located relative to major transportation facilities) Zoning to establish a contractor equipment sales & service facility within an 8,000 sq. ft. structure, specializing in pecan harvesting equipment. APPLICABLE PLANS, POLICIES, AND CRITERIA FOR APPROVAL 1. Las Cruces Extra-territorial Zoning Ordinance No , as Amended Section 1.6 Definitions Spot Zoning: An amendment to a zoning ordinance that is not compatible with a comprehensive scheme of zoning, whether one lot, several lots or a large area. Spot zoning can also be created through variances, which are granted without regard for impact on the surrounding area. Extra-territorial Zoning Commission March 17, 2016 Page 2 of 38

3 Section 2.1.B Zoning District Changes: Rezoning A zoning district change or rezoning is a change in classification of the zoning district map and shall be recorded and shown on the Official Zoning District Map. Zoning district changes shall not include initial zoning whenever ETZ boundaries are realigned. Conditional Zoning 2.1.B.1 Conditional Zoning may be initiated by the Planning Director, the Zoning Commission or by the applicant and shall limit and/or restrict those uses within the zoning district which would otherwise be permitted by right. A rezoning subject to condition is appropriate to allow certain uses that are compatible with the surrounding uses and environment. 2.1.B.2 A condition attached to a zoning district may: a. limit the use of property affected so that one or more of the uses which would otherwise be permitted in the district being adopted shall not be permitted in the specific district as conditioned. b. require traditional design standards, time limitations relating to the construction of buildings, landscaping, streets, roadways, pathways, utilities, drainage ways and other site design features as may be necessary to protect the community or the environment from the impact of development. 2.1.B.3 It shall be unlawful to utilize, sell or lease property rezoned with conditions without first providing to any prospective buyer or lessee a disclosure statement stipulating the conditions of the rezone, and without filing a copy of said disclosure with the County Planning Division. 2.1.B.4 A conditional zoning shall be revoked and revert to the previous zoning district if the property within said district is not used or developed in accordance with the new district regulations within two (2) years from the date of the ETZ Authority. 2.1.B.5 Any use or structure allowed by a Special Use Permit under the 2.1.B D Evaluation Criteria specified zoning district shall not be permitted by Conditional Zoning. Zone change procedures prescribed by this Code shall be applicable to Conditional Zoning. 2.1.B.7 Amendments to the Official Zoning Map shall be reflected by the lowercase c following the zone designation. The Planning Director and the ETZ Commission may use the following general criteria when reviewing Special Use Permits and Zoning applications. The ETZ Commission shall have the authority to require additional specific information on any of the following criteria. Unless additional justification is presented, the fact that there is an existing legal nonconforming use shall not be considered sufficient grounds for a zone change in order to bring that use into conformity. Extra-territorial Zoning Commission March 17, 2016 Page 3 of 38

4 2.1.D.1 Determination of potential number of homes, population and population demographics. 2.1.D.2 Determination of potential traffic flows (average daily traffic) and where they will impact the transportation system. 2.1.D.3 Determination of need for new commercial activity. 2.1.D.4 Determination of potential water and sewage needs. 2.1.D.5 Evaluation of existing infrastructure capacities and an analysis of the ability of the existing system to accommodate the new development. 2.1.D.6 The difference between capacity and impact should be stated. Those areas which are appropriate for the developer to underwrite should be negotiated between local government and developer. 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 which contain endangered or rare species of animal or plant life. 2.1.D.8 Any analysis required should be undertaken and paid for by the developer and verified by the ETZ Commission. 2.1.D.9 Determination of impact of a proposed zone change on surrounding properties. Current Zoning District: Section 3.1.L EC3 PLANNED COMMERCIAL DISTRICT (PCD) 3.1.L.1 PURPOSE The EC3 district is intended to provide for attractive and efficient retail shopping and personal service facilities of integrated design in appropriate locations to serve residential neighborhoods. Each district shall be laid out and developed as a unit according to an approved plan so that the purpose of the district may be accomplished. The district is adaptable to shopping centers of various sizes as well as development of general business properties where the use of shared parking and access, together with planning, will produce a stronger commercial area. 3.1.L.2 DEVELOPMENT REQUIREMENTS Minimum district area 3 acres Minimum lot size 5,000 sq. ft. 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 EC3 district shall comply with the development requirements for the ER5 district as outlined in Section 3.1.F.1 of this Article. 3.1.L.3 OWNERSHIP CONTROL The land in the PCD shall be under such unified control as to ensure that the entire district will be developed as a unified whole. All owners shall be included Extra-territorial Zoning Commission March 17, 2016 Page 4 of 38

5 as joint applicants and all approvals shall bind all owners. An applicant for a PCD involving an association, joint venture, partnership or some other legal entity shall submit to the zoning commission the legal documents authorizing the entity and, if applicable, its bylaws. The zoning commission may require any provisions necessary to ensure that the intent of this Ordinance is met. 3.1.L.4 PERMITTED USES A PCD may be allowed on property already having the EC3 designation or property zoned EC1 or EC2 may be rezoned to the EC3 designation. A PCD may include those uses permitted with or without conditions and uses requiring a Special Use Permit in the EC1 or EC2 districts, including residential uses, provided that no use involving outdoor storage of inventory or wholesale uses shall be permitted where it would not otherwise be permitted in the EC1 or EC2 district. 3.1.L.5 GENERAL PROCEDURES - PLANS REQUIRED Establishment of a PCD where a zone change is required must follow the procedures for changes and amendments outlined in Section 2.1.A-C, 2.1.G and 2.6.A of this Ordinance. All applications for a PCD must meet the public hearing and notification requirements stated in Section 2.1.G of this Ordinance. A site development plan must be submitted to the ETZ Commission. If the project is to be accomplished as a series of development units, a detailed site development plan for a proposed unit shall be submitted with a general set plan and a schedule of phasing provided. The proposed development shall follow all applicable procedures, standards and requirements of this Ordinance and the Subdivision Regulations adopted by the ETZ Authority, as well as other applicable regulations. 3.1.L.6 GENERAL DEVELOPMENT STANDARDS FOR PCD S In addition to meeting the development requirements stated in Section 3.1.L.2 of this Article, the following minimum general development standards must be complied with: a. Parking lots must be graded and surfaced with asphalt, concrete or other material that will provide equivalent protection against potholes, erosion and dust b. Any part of the project area not used for buildings or other structures, loading and access ways shall be landscaped in accord with an approved landscaping plan c. The PCD must be separated from adjacent residential areas by a heavily landscaped buffer d. The PCD must be designed to promote harmonious relationships with surrounding adjacent and nearby properties, developed or undeveloped, including location of building orientation, spacing and setback of buildings, location of access points, size and location of Extra-territorial Zoning Commission March 17, 2016 Page 5 of 38

6 signs, open spaces and parking areas, grading, landscaping and screening e. The principle means of access shall be from arterial or collector streets. In no case shall the principle means of access be from a minor residential street. f. The design for internal circulation shall be appropriately related to access points and provide for safe and efficient movement of vehicles and pedestrians with special attention to reduction of crossing conflicts, improvements of visibility, convenience of pickup areas, traffic signs and speed controls. g. Refuse containers or refuse storage areas shall be hidden from general public view, whether from within or outside the center, by means of fences, walls or landscaping. h. The PCD must be adequately served by essential utilities and public services such as water, sanitary sewer, storm drainage, police, fire and other similar services. Proposed Zoning District: Section 3.1.M EI1 LIGHT INDUSTRIAL DISTRICT 3.1.M.1 PURPOSE The purpose of the EI1 district is to provide a wide variety of light industry, fabricating, processing, wholesale distributing and warehousing uses appropriately located relative to major transportation facilities. The major portion of the business activity is conducted within enclosed buildings. Land use in this district shall be constructed and operated to ensure there is no excessive noise, vibration, smoke, dust or other particulate matter, toxic or noxious matter, humidity, heat or glare at or beyond any lot line of the parcel on which it is located. Excessive is defined as a degree exceeding that caused in their customary manner of operation by users permitted in the EI1 district, a degree injurious to the public health, safety, welfare or to a degree to which it is a nuisance by reason of excessiveness. Residential uses shall not be permitted except for a residential watchman, caretaker or proprietor of a commercial use. 3.1.M.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 50 feet 3.1.M.3 EI1 PERMITTED USES The following uses are permitted by right in the EI1 district: Extra-territorial Zoning Commission March 17, 2016 Page 6 of 38

7 3.1.M.3.a PERMITTED USES - NO CONDITIONS 1. Automobile and truck parking garages and lots 2. Automobile and truck service stations 3. Business offices 4. Commercial or trade schools 5. Dwelling for resident watchmen and caretakers employed on the premises, and business proprietors, provided they are located on the same property as the business. 6. Electrical shops 7. Engraving shops 8. Fence and wall sales and storage 9. Glass cutting and finishing 10. Hardware stores 11. Laboratories research, experimental or testing 12. Lumber yards 13. Newspaper establishments, distribution centers 14. Paint supplies, sales and distribution 15. Rental and sales of contractor equipment 16. Restaurants with no drive-in service 17. Service establishments for repair and maintenance of home and business appliances, building maintenance and repair, including pest control, tree and lawn services 18. Sign construction and sales 19. Storage building and warehouses 20. Telephone exchange stations 21. Tire sales and service establishments 22. Welding and light fabrication 3.1.M.3.b PERMITTED USES - WITH CONDITIONS The following uses are permitted in EI1 in accordance with stated conditions: 1. Automobile, mobile home, trailer and 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 or contiguous to any residential zone. 2. Construction or contractor s yard. Yard shall be maintained in a neat and orderly fashion and enclosed by a solid wall or fence of a minimum six (6) feet in height. However there shall be no fence or wall more than three (3) feet of a street intersection. 3. Garages for repair of passenger motor vehicles, light trucks, vans and motorcycles, including body work. All work must be performed in a completely enclosed building. There shall be no storage of junk Extra-territorial Zoning Commission March 17, 2016 Page 7 of 38

8 automobiles for salvage purposes. Only those motor vehicles awaiting repairs can be parked on the premises behind a solid wall or fence so that such vehicles will not be visible from surrounding properties. 4. 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 (3,000) square feet and not exceed thirty (30) percent of the total gross floor area. Welding is permitted only in conjunction and shall not be used for the purpose of heavy equipment assembly. 5. Open or exterior storage and display of merchandise, materials. Storage or display of materials on the exterior of a building shall be completely enclosed by a fence or wall of solid construction, no less than six (6) feet in height, except for mobile homes, cars, trucks or motorcycles. 6. Paint shop, mixing, treatment and spraying. Buildings shall be located on hundred (100) feet from any residential zoning district and obtain approval from the County Fire Prevention Inspector. 7. Public utility installations, substations and water wells. The site shall be developed and maintained in conformance with the general character and appearance of the zoning district, and shall include landscaping and suitable screening in the form of a solid wall, fence or compact shrubbery around the perimeter of the lot or tract. 8. Restaurants with drive-in service. Must have at least one (1) stacking lane ten (10) feet in width and two hundred (200) feet in length for each drive-in window that is designed to ensure that no business traffic backs onto the street giving access. 9. Storage of wrecked or dismantled vehicles and parts (accessory use). The storage of wrecked and dismantled vehicles and parts thereof shall be permitted only as an incidental or accessory use to a vehicle repair establishment or body shop permitted in the EI1 district. Such use shall be in accordance with the following. a. Storage shall be within an enclosed building or within a site obscuring fence at least six (6) feet in height above adjacent road grades b. Vehicles and parts stored at the exterior of a building shall be owned by customers of the business and such storage shall be only for the purpose of repair and return to customers c. Exterior storage of vehicles shall not remain on the premises for a period exceeding three (3) months d. There shall be a maximum of twenty (20) wrecked vehicles stored at the building exterior during any one time e. Exterior storage shall be a minimum of one hundred (100) feet from a residential zoning district 3.1.M.4 EI1 SPECIAL USE PERMITS The following uses require a public hearing pursuant to Section 2.1.G of this Ordinance and approval by the ETZ Commission: 1. Airports or heliports Extra-territorial Zoning Commission March 17, 2016 Page 8 of 38

9 2. Bus passenger terminals, including storage of buses 3. Major facilities for generation of energy, water treatment plants, sewer treatment plants, commercial and public radio and television broadcasting and microwave broadcasting and receiving facilities, storage yards for public utilities and similar uses. 4. Recycling centers 5. Satellite parking areas 6. Wind driven electrical generators or wind driven pumps 7. Mobile homes on a permanent basis for the purpose of housing security guards pursuant to Section 3.01 of this Article. Conditions shall be attached regarding unobtrusive sitting and screening. 8. Wineries and/or wine tasting rooms 2. ETZ Comprehensive Plan The proposed Zone Change Request does/does not meet the Goals, Policies, and Objectives of the ETZ Comprehensive Plan : 3. Miller Criteria The Supreme Court of New Mexico, Miller versus Albuquerque, September 9, 1976, stated: The fundamental justification for an amendatory or repealing zoning ordinance is a change of conditions making the amendment or repeal reasonably necessary to protect the public interest. Also, a zoning amendment may cover and perfect previous defective ordinances or correct mistakes or injustices therein. 4. Spot Zone Spot Zoning (Bennett v. City Council For City of Las Cruces, 1999-NMCA-15, 126 N.M. 619) is determined on an ad hoc basis, considering: 1) the disharmony with the surrounding area; 2) the size of the area rezoned; and 3) the benefit of the rezoning to the community or the owner of the parcel. AGENCY COMMENTS DAC Engineering: 1) A DAC Driveway Permit will be required. 2) Follow all minimum required setbacks for the proposed zoning. 3) Adhere to all subdivision regulations and requirements. 4) Provide an STA. 5) Adhere to all regulatory agency comments. Some agencies may require certain permits or licenses to be obtained. 6) Further submittals would warrant further comments. 7) A multi-sector permit may be required. 2 nd Review: No additional access off of Carver Road. Access can be obtained from internal roadway. DAC Flood Commission: 1) Pursuant to FIRM No C0634 E, the subject property is not currently located in a FEMA Special Flood Hazard Area and is located in FEMA Flood Zone X, areas determined to be outside the 500-year floodplain. Please be aware that the lot is susceptible to flooding despite not being directly in a Special Flood Hazard Area. Extra-territorial Zoning Commission March 17, 2016 Page 9 of 38

10 2) Any new addition of impervious area will require runoff to be maintained on site via on-lot ponding. DAC Fire Marshal: Any future structures will be required to meet all fire code requirements. Zone Change approved. DAC Building Services: All future construction will require permits to be obtained prior to construction. DAC Rural Addressing Coordinator: No comments. DAC Zoning Codes: No open cases. DASO Codes: Approved. Clear property of all weeds NMED: Wastewater Treatment and Disposal: Central sewer service is available from the City of Las Cruces. Water Supply/Water Quality: The Drinking Water Bureau does not have any issues or concerns regarding the zone change. Location is greater than 2,500 ft. from any public water system well. Solid Waste Disposal: No comment. Surface Water Bureau: No comment received at this time. NMDOT: What is proposed to be built? A TIA may be required to analyze the intersection of NM 478 / Carver Rd. Mesilla Valley MPO: NM 478 is a principal arterial requiring 120 R-O-W. Carver is a minor arterial requiring 100 R-O-W. CLC Planning Dept: No comments, however if ever acquired into the city limits zoning and setback would be required to meet code for any new development. EBID: No objections/out of district. Office of the State Engineer: No water right issues. NOTICE / NOTIFICATION 32 letters of notification were sent on February 29, 2016 to the Area of Notification. Legal Ads were placed in the Las Cruces Sun-News on February 28, Signs placed on the property in a timely manner. Agenda placed on the DAC Web site. Six s were received in opposition to the request. The Morales (#14 on the list) listed concerns about increased traffic on Carver and Main due to the nearby school, service trucks for the railroad and utility truck traffic due to the presence of a gas line and regulator on the property (Page 24). An from Ms. Stanford (#9 on list) voiced her concerns of increased traffic congestion, potential danger from a gas regulator station near the SE corner of the subject property, and the potential for an accident at the nearby railroad crossing (Pages 30-32). Four other s (Pages 25-29) cite the same concerns for traffic issues, the natural gas line and regulator, safety issues for children and a general dislike of the idea of any new businesses Extra-territorial Zoning Commission March 17, 2016 Page 10 of 38

11 especially any heavy equipment sales or service on the property. A potential decrease in property values is also offered as another reason for their opposition as well as a change in the nature of their neighborhood.. STAFF ANALYSIS The applicant is requesting a Zone Change on a 1.68-acre parcel from an EC3 (Planned Commercial District, 3-acre minimum district size, 5,000 sq. ft minimum lot size, intended to provide attractive and efficient retail shopping and personal services) Zoning District to an EI1 (Light Industrial District, 5,000 sq. ft. maximum lot size, a wide variety of light industry, fabricating, processing, wholesale distributing and warehousing uses appropriately located relative to major transportation facilities) Zoning District to establish a contractor equipment sales & service facility, specializing in pecan harvesting equipment. The facility will be accessed from Carver Rd., a minor arterial (100 R-O-W). 1) 2.1.D Evaluation Criteria and Analysis (Applicant s responses Page 19), Staff analysis in bold. 2.1.D.1: Determination of the number of homes, population, and population demographics. No homes proposed, industrial activity only. 2.1.D.2: Determination of potential traffic flows (average daily traffic) and where they will impact the transportation system. Engineering Dept. comments (Page 9) indicate that no new access point from Carver Road should be allowed as access can be obtained from existing access points and the internal roadway will provide ingress to the site. Traffic analysis submitted by applicant (Page 20) shows an additional 15 vehicles during AM Peak hours and 9 additional vehicles during the PM Peak hours. The current EC3 district has accel/decel lanes are located on the north side of Carver Road to provide access to the properties and enhance the safety of traffic in the immediate area. All businesses within the EC3 District cannot gain access to the properties from Willow Glen Dr. An access permit will be required from the DAC Engineering Services Dept. at time of development. 2.1.D.3: Determination of need for new commercial activity. Applicant states in his narrative (Page 18) that the proposed pecan harvesting equipment sales & service business is necessary in the Mesilla Valley as pecan farming is a large economic driver. 2.1.D.4: Determination of potential water and sewage needs. Water is available from Jornado Water Co. and sewer service is available from the City of Las Cruces. 2.1.D.5: Evaluation of existing infrastructure capacities and an analysis of the ability of the existing system to accommodate the new development. Engineering Dept. analyzed the submitted traffic analysis (Page 20) and recommend that no new access point will be allowed (Page 9). No new road improvements are cited in their comments. Water and sewer facilities are available and adequate. 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 Extra-territorial Zoning Commission March 17, 2016 Page 11 of 38

12 and developer. Infrastructure capacity is adequate and no new systems or improvements will be required at time of development. 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. There has been no evidence submitted of any areas of environmentally sensitivity, areas of historical significance, or areas containing rare or endangered species. 2.1.D.8: Any analysis required should be undertaken and paid for by the developer and verified by the ETZ Commission. All fees to be paid by applicant. 2.1.D.9: Determination of impact of a proposed zone change on surrounding properties. Impact to the surrounding properties will be mitigated as the proposed use is separated from residences to the east by approximately 300 with the BNS&F Railroad and NM Hwy. 478 R-O-W s. Residential properties to the north are buffered by an existing storage unit business occupying approximately 5.4-acres. The elementary school located to the west is buffered by Glen Willow Rd. and the existing businesses adjacent to the subject parcel within the EC3 Zoning District. Properties to the south are buffered by Carver Rd. which is currently a 70 wide R-O-W, but categorized as a minor arterial requiring a 100 R-O-W. Additional buffering and landscaping will be required by the applicant on the site per the ETZ Ordinance Section 4.2.C. Traffic analysis submitted by applicant indicate that Peak Hour traffic will increase by 15 vehicles in the morning and 9 vehicles in the afternoon. Engineering comments concerning the submitted traffic analysis do not indicate any additional infrastructure be added to the roadway as the existing access points are adequate. No new access points will be allowed. The Zone Change would have no adverse impacts to the surrounding properties, as adequate barriers including road and railroad R-O-W s, commercial uses, and industrial uses separate the proposed use from any residential properties thus meeting the 2.1.D Decisional Criteria. 2) ETZ Comprehensive Plan Comparing the EI1 Zone Change request with the Goals, Policies and objectives of the ETZ Comprehensive Plan , reveals the following that are met by this request: The proposed Zone Change Request does meet the following Goals, Policies, and Objectives of the ETZ Comprehensive Plan : Objective 8.2: Support, maintain and assist growth and expansion of the region s existing business, industrial and agricultural economic base. This request will compliment the industry by assisting in the expansion of the sales and service of pecan harvesting equipment in Doña Ana County. Applicant anticipates 5-6 full time employees at the location. Policy 8.3.3: The County should encourage development of businesses which can be integrated into the ETZ without adverse impacts on the County s resources. This proposed use will not adversely impact the County s resources, as no additional infrastructure is anticipated. Extra-territorial Zoning Commission March 17, 2016 Page 12 of 38

13 3) Miller Criteria In New Mexico, the primary justification for a zone change is spelled out in the Miller vs. City of Albuquerque ruling of 1976 which says the The fundamental justification for an amendatory or repealing zoning ordinance is a change of conditions making the amendment or repeal reasonably necessary to protect the public interest. Also, a zoning amendment may cover and perfect previous defective ordinances or correct mistakes or injustices therein. This is commonly known as the change or mistake rule which is widely interpreted as there has been a change in the conditions in the area of the subject property sufficient to warrant a need to protect the public, or that there was a mistake in the original zoning. The applicant is proposing an EI1 (Light Industrial) Zoning District on 1.68 acres to provide equipment sales and service to the pecan harvesting industry in Doña Ana County. The subject parcel is currently within an EC3 (Planned Commercial District) comprising approximately 10.7-acres featuring a 5.38-acre mini-storage facility to the north, a 1.3-acre parcel containing a laundry and a car/truck wash facility, and two undeveloped parcels totaling 2.76-acres on the western edge of the zoning district abutting Willow Glen Dr. To the southwest, on the south side of Carver Road, is an EI1 Zoning District of approximately 5.5- acres of industrial uses including a pump sales and service business, battery sales and service, and a towing and recovery business. South of these industrial uses is a commercial business within a 3.5-acre EC1 (Neighborhood Commercial) Zoning District. The EC3 Zoning District occupied by the subject parcel was EC2c (Community Commercial, with conditions) in 1990 (Page 22) as well as the areas south of Carver Road. By 2002 (Page 23) the subject parcel was within the current EC3 Zoning District and the properties to the south of Carver Road were changed to EI1 and EC1 Zoning Districts. These Zone Changes in the area demonstrate that a change in conditions has occurred and make it necessary to protect the public with the approval of this Zone Change request per the Miller Criteria. The applicant has overcome the presumption that the current zoning is the most appropriate, as these change in conditions indicate the zoning and uses in the area and around the subject parcel, are consistent with the proposed development. Staff s analysis supports the conclusion that the Zoning District designation of EC3 does not currently serve the needs of the residents in the area. Therefore, the Zone Change to EI1 does meet the Miller Criteria and would be justified at this time. 4) Spot Zone The applicants request for EI1 zoning would not be out of character with the surrounding commercial zoning and the industrial/commercial zoning to the immediate southwest across Carver Road (Page 22 & Page 33). There are approximately 5.5-acres of industrial zoning, which include several properties between 0.21 and 1.35 acres in size, and approximately 12.5 acres of commercially zoned properties within the immediate vicinity of the proposed Zone Change request. The 1.68-acre parcel would be considered large enough of an area to be rezoned as it and the several other industrially zoned properties are similar in size. If approved, the facility would benefit the general public and not just the applicant as it would assist in expanding the agricultural industry, specifically the pecan industry in Doña Ana County. Extra-territorial Zoning Commission March 17, 2016 Page 13 of 38

14 These findings provide the basis to conclude that the proposed Zone Change would not be considered a spot zone per the 1999 Bennett ruling. STAFF FINDINGS If the Extra-territorial Zoning Commission wishes to follow staff s recommendation of Approval of Case # Z / Austy, LLC, staff recommends the following 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 Section 2.1.G/Public Hearing and Notice Requirements. 2. The subject property is located outside the corporate limits of the City of Las Cruces, but within the five-mile Extra-territorial Zone (ETZ) as set forth by (1), NMSA 1978 and the Joint Powers Agreement between Doña Ana County and the City of Las Cruces. Therefore, the Las Cruces ETZ Commission (ETZ-C) has jurisdiction to review this case. 3. The proposed Zone Change Request does meet Policy 8.2 and Policy of the Goals, Policies, and Objectives of the ETZ Comprehensive Plan The Zone Change request does satisfy the 2.1.D Evaluation Criteria of the ETZ Ordinance. 5. The subject parcel would be in harmony with the adjacent and nearby commercial and industrial zoned properties. 6. The Zone Change would benefit the public as this proposed use will offer sales and services of pecan harvesting equipment services to the agricultural industry in Doña Ana County. 7. The 1.68-acre parcel is large enough of an area as the nearby EI1 Light Industrial zoned properties range in size from 0.21-acres to 1.35-acres so it would not be considered a spot zone. 8. Per the Miller Criteria, the EI1 Zone Change request does meet the change of conditions criteria, as other commercial and industrial Zone Changes in the immediate area have occurred in the recent past. 9. The applicant has overcome the presumption that the existing zoning is the most appropriate and the Zone Change is necessary to protect the public. STAFF RECOMMENDATION Based on the request meeting the Miller criteria, the 2.1.D Evaluation Criteria, the Goals, Policies and Objectives of the Comprehensive Plan , and not being considered a spot zone, staff recommends Conditional Approval of Zone Change Request Case # Z / Austy, LLC, to EI1c (Light Industrial District, with conditions) with the following condition: 1) No additional access point from Carver Road will be allowed. Extra-territorial Zoning Commission March 17, 2016 Page 14 of 38

15 Survey of Property Extra-territorial Zoning Commission March 17, 2016 Page 15 of 38

16 Detailed Conceptual Layout Extra-territorial Zoning Commission March 17, 2016 Page 16 of 38

17 Concept View of Proposed Facility Extra-territorial Zoning Commission March 17, 2016 Page 17 of 38

18 Applicants Narrative Extra-territorial Zoning Commission March 17, 2016 Page 18 of 38

19 Applicants 2.1.D Responses Extra-territorial Zoning Commission March 17, 2016 Page 19 of 38

20 Site Threshold Analysis Extra-territorial Zoning Commission March 17, 2016 Page 20 of 38

21 Proposed and Current Zoning Extra-territorial Zoning Commission March 17, 2016 Page 21 of 38

22 1990 Zoning Map Extra-territorial Zoning Commission March 17, 2016 Page 22 of 38

23 2002 Zoning Map Extra-territorial Zoning Commission March 17, 2016 Page 23 of 38

24 Morales Extra-territorial Zoning Commission March 17, 2016 Page 24 of 38

25 Brewington (1 of 2) Extra-territorial Zoning Commission March 17, 2016 Page 25 of 38

26 Brewington (2 of 2) Extra-territorial Zoning Commission March 17, 2016 Page 26 of 38

27 Selves Extra-territorial Zoning Commission March 17, 2016 Page 27 of 38

28 Zuniga Extra-territorial Zoning Commission March 17, 2016 Page 28 of 38

29 Tikusis Extra-territorial Zoning Commission March 17, 2016 Page 29 of 38

30 Stanford Extra-territorial Zoning Commission March 17, 2016 Page 30 of 38

31 Stanford Letter Extra-territorial Zoning Commission March 17, 2016 Page 31 of 38

32 Stanford Letter (continued) Extra-territorial Zoning Commission March 17, 2016 Page 32 of 38

33 Zoning Map Extra-territorial Zoning Commission March 17, 2016 Page 33 of 38

34 Area Land Use Aerial Extra-territorial Zoning Commission March 17, 2016 Page 34 of 38

35 Close-up Aerial of Parcel Extra-territorial Zoning Commission March 17, 2016 Page 35 of 38

36 Area of Notification Map Extra-territorial Zoning Commission March 17, 2016 Page 36 of 38

37 Area of Notification Aerial Extra-territorial Zoning Commission March 17, 2016 Page 37 of 38

38 Area of Notification List Extra-territorial Zoning Commission March 17, 2016 Page 38 of 38