DOÑA ANA COUNTY PLANNING AND ZONING COMMISSION

Transcription

1 DOÑA ANA COUNTY Doña Ana County Government Complex 845 N. Motel Blvd. Las Cruces, New Mexico Office: (575) MEETING DATE: September 28, 2017 REQUEST: Preliminary Plat Approval for Vista Rancho Phase 1. CASE #: PROPERTY OWNER/ APPLICANT: LOCATION: PROPERTY SIZE: PARCEL ID NO.: RECOMMENDATION: CASE MANAGER: SD Taylor Road Development LLC. Ken Thurston Southeast corner of Taylor Road Camino Real Rd acres R Conditional Approval Luis Marmolejo Senior Planner Pursuant to UDC i and 4.1 Review [t]he Planning and Zoning Commission is authorized to review and make recommendations for approval, approval with conditions or denial of preliminary plats to the Board of County Commissioners. This matter is an application for the Approval of a Type Two Subdivision to be known as Vista Rancho Phase 1 composed of 44 lots ranging in size from 0.75 acres to acres on a acre parcel. REPORT CONTENTS: 1. Case Analysis. 2. Preliminary Plat & Disclosure Statement. 1

2 CASE ANALYIS SURROUNDING ZONING/LAND USE SITE ZONING LAND USE North D2L Residential, site-built & mobile homes South D2L Residential, site-built & mobile homes East D2L Residential, site-built & mobile homes West D2L Residential, site-built & mobile homes BACKGROUND The proposed Vista Rancho Development applications which included a Sketch Plan and a Preliminary Plat for Vista Rancho Phase 1 as originally submitted, reviewed and approved by the Las Cruces Extra- Territorial Zone Authority (ETZ). The ETZ was subsequently suspended In February 2017 which caused transitioning of the subdivision review and approvals over to Doña Ana County. On January 12, 2015 Taylor Road Development LLC, submitted a Sketch Plan (considered a Master Plan by the CLC, for the purposes of consistency for this analysis, the Sketch Plan will be referred to as the Master Plan) and a Subdivision application to the ETZ. Vista Rancho Phase 1 got as far as a first agency review under the ETZ but did not receive approval. The Vista Rancho Sketch Plan / Master Plan was conditionally approved on September 3, 2015, and recently expired on September 3, The UDC does not have expiration dates for Master Plans. The applicant has been diligently working on the Preliminary Plat The conditions for Vista Rancho Master Plan were: 1) The Vista Rancho Subdivision shall not be considered a cluster subdivision /development. 2) The number of lots permitted in the center portion of the subdivision are limited to 225 residential lots and the entire subdivision is limited to a total of 358 residential lots. Subsequently on March 16, 2016, Taylor Road Development received a conditional zone change approval on the center portion of the Sketch Plan, (Case No. APP ) from ER5 (Residential District) to ER6c (Residential District with conditions) on a 72.8 acre portion of the acre parcel. The conditions were: 1) Applicant shall maintain the overall ER5 density within the entire 158 acre-subdivision as approved by the ETZ Commission as shown on the Sketch Plan. The applicant is maintaining the residential lot amounts as set forth in the conditions and Sketch Plan. 2) Applicant shall provide documentation of the agreement between the applicant and the sewer provider for sewer service to the development. The applicant has provided a ready willing and able letter for sewer from the utility provider, Doña Mutual Domestic Water Consumers Association. 2

3 More recently, on June 22, 2017, by a vote of 5-0-0, the Planning and Zoning Commission (P&Z) approved a Variance to road access standards of the Unified Development Code (UDC). The Variances include: 1) construction requirements of minor local roadway cross sections within Phase 1 of the proposed Vista Rancho Subdivision, 2) improvement/upgrade requirements for Taylor Road, and 3) cross section for Lopez Road including off-site improvements. The subdivision is showing two access points for the purpose of emergency access from the north side to and from two existing roadway termini of the Mira Sol Subdivision. A local neighborhood association known as the North Valley Neighborhood Association (NVNA) is in opposition to the master plan and subdivision. NOTICE / NOTIFICATION Ninety five (95) letters of notification were mailed to the property owners within the area of notice on August 31, Legal Ads were placed in the Las Cruces Sun-News on September 3, Signs were posted on the property in a timely manner. Agenda was posted on the County Web site. PUBLIC COMMENTS Susan Richardson has submitted a March 2016 petition and will make a presentation opposing the Vista Rancho subdivision on behalf of the North Valley Neighborhood Association (NVNA). APPLICABLE PLANS, POLICIES, AND CRITERIA FOR APPROVAL Ordinance No , Unified Development Code Duties of the Planning and Zoning Commission 2.12 Subdivision Procedures of the Unified Development Code Preliminary Plat Review General Notice Requirements and Article 4 Subdivisons, Section Public Hearings on Preliminary Plats and Finals Plats 4.1 P&Z Review 4.2 Development Review Committee 4.7 Subdivision Data Requirements AGENCY COMMENTS: Community Development Department. Staff is recommending Conditional Approval. Development Review Committee: Recommended approval to the Vista Rancho Phase 1 Preliminary Plat. County Fire Administration: The Fire Protection Plans shall be submitted along with the final plat and shall be stamped by a registered engineer indicating the fire plans meet the specifications of 1,000 G.P.M for a duration of 2 hours. 3

4 County Engineering Department: Construction design comments will be addressed prior to final construction drawings. County Flood Commission: Conditional approval. Construction design details will be addressed during approval of final construction drawings. DAC Utilities: No comments, DAC does not provide the sewage services. CLC Planning: Conditional approval. Provide post development draining clarification. Office of State Engineer, Santa Fe: A positive opinion is issued. NMED, Santa Fe: Approved as presented NMDOT, Santa Fe: Traffic Engineer District One: This development has an insignificant impact to the State Highway System SHPO, Santa Fe: There are no known cultural properties listed in the state register of cultural properties within the proposed subdivision area. If some are found during construction notify SHPO. Doña Ana S&WCD: Under review. Staff has spoken to the reviewing engineer and they are awaiting an amended map showing natural water courses and flood control features within a 3 mile radius. The applicant is aware and they are coordinating with Doña Ana S&WCD. Staff anticipates a positive approval from Doña Ana S&WCD. Doña Mutual Domestic Water Consumers Association: A ready, willing and able letter has been submitted for water and wastewater services. Las Cruces Public Schools: No comments have been received. DAC Addressing: No comment. Zia Natural Gas: The facilities are ready for service and extension into the area. STAFF ANALYSIS The proposed Vista Rancho Phase 1 subdivision is a unique application that began its review process under the authority of the ETZ. The transition from the ETZ review and approval process to Doña Ana County required another exercise of further scrutiny by other agencies that would not normally review the application under the ETA approval process. The Preliminary Plat for Phase1is lacking comment from the Las Cruces Public Schools and amended comments from the Doña Ana Soil and Conservation District. Staff is expecting comments from both entities prior to the September 28, 2017 P&Z meeting. All other agencies have reviewed and given positive recommendations. The Development Review Committee met on Thursday, September 21, 2017 and is recommending approval of Phase 1. On June 22, 2017 the P&Z approved a Variance to road access standards for Phase 1. Public Notification adhered to the UDC requirements and the Applicable Plans, Policies and Criteria for Approval have been met. 4

5 FINDINGS: Pursuant to UDC i, the Planning and Zoning Commission being duly authorized to make recommendations for approval, approval with conditions or denial of preliminary plats to the Board of County Commissioners. 1. Pursuant to i and 4.1 Review [t]he Planning and Zoning Commission is authorized to review and make recommendations for approval, approval with conditions or denial of preliminary plats to the Board of County Commissioners.. The property is located outside of any incorporated municipal zoning authority and is within Doña Ana County. 2. Approval of the Preliminary Plat Vista Rancho Phase 1ensures the following: a. Water quantity is sufficient to fulfill the maximum annual water requirements of the subdivision, including water for indoor and outdoor domestic uses, per the Office of the State Engineer. b. Water is of an acceptable quality for human consumption and measures are taken to protect the water supply from contamination, per NMED requirements. c. There is a means of liquid waste disposal for the subdivision, per NMED requirements. d. There is a means of solid waste disposal for the subdivision, per NMED requirements. e. There are satisfactory roads to each parcel, including entry and exit for emergency vehicles, and there are appropriate utility easements to each parcel, per DAC Fire Marshal s Office and DAC Engineering. f. Terrain management protects against flooding, inadequate drainage, erosion and meets the requirements of the Article 6 Development Construction Standards, per DAC Flood Commission and the Doña Ana Soil and Water Conservation District. g. There are protections for cultural properties, archaeological sites and unmarked burials that may be directly affected by the subdivision, as required by the Cultural Properties Act, per New Mexico SHPO. h. The subdivider can fulfill the proposals contained in the disclosure statement for the subdivision. i. The subdivision will conform to the New Mexico Subdivision Act and the UDC. 3. The Preliminary Plat Application is consistent with the UDC: a Duties of the Planning and Zoning Commission. b Subdivision Procedures of the Unified Development Code. c Preliminary Plat Review. d General Notice Requirements and e. Article 4 Subdivision, Section Public Hearings on Preliminary Plats and Finals Plats. f. 4.1 P&Z Review. g. 4.2 Development Review Committee. h. 4.7 Subdivision Data Requirements. 5

6 PRELIMINARY PLAT 6

7 PRELIMINARY PLAT 7

8 CURRENT CONDITONS 8

9 PROPERTY NOTIFICATION 9

10 NOTIFICATION LIST 10

11 NOTIFICATION LIST CONT. 11

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