PLANNING AND ZONING COMMISSION Planned Unit Development (PUD), Type 2

PLANNING AND ZONING COMMISSION Planned Unit Development (PUD), Type 2 DOÑA ANA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT Doña Ana County Government Center 845 North Motel Blvd Las Cruces, New Mexico 88007 Office: (575) 647-7250 MEETING DATE: March 10, 2011 CASE NO: Case # PUD11-001, Type 2 REQUEST: APPLICANT: LOCATION: Planned Unit Development/ Type 2, to construct a 140 cell telephone tower Reliant Land Svcs for Verizon Wireless, Reg Destree, agent Mesquite, NM ZONING: PROPERTY SIZE: RECOMMENDATION: STAFF CONTACT: Performance District 0.29-acre Denial Jonathan Kesler, Planner SUMMARY: The applicant, Reliant Land Services for Verizon Wireless, Reg Destree, agent; is proposing to erect a one hundred-forty foot (140 ) tall self-supporting tower for cellular telephone service on a 0.22-acre parcel in Performance District (PD) zoning. It is located on Hwy 192, immediately west of Hwy 478 in Mesquite, within Section 1, Township 25 South, and Range 2 East. The parcel is part of Lots 3, 4, 5, 6 and 7 of Block 19 of the Mesquite Townsite, recorded on August 9, 1995 in Book 350, Pages 922-925 in the Doña Ana County Clerk s office. The parcel can be further identified by Map Code # 4-012-145-054-306. ATTACHMENTS: (1) Case Analysis and Staff Recommendation. (2) GIS Information and Maps. (3) Application and Supporting Documents. March 10, 2011 Page 1 of 18

SURROUNDING ZONING/LAND USES: SITE ZONING LAND USE North Performance District Residential, commercial South Performance District Agricultural East Performance District Commercial West Performance District Residential BACKGROUND: Case #PUD11-001 is composed of two elements, the overlay zone and the site plan review. The will evaluate both and make a determination on each based on the Applicable Plans, Policies and Criteria listed within this analysis. The evaluation of the zoning shall focus on the site location, its appropriateness with regards to the surrounding land uses and existing infrastructure such as road access, water, wastewater and emergency access. The evaluation of the site plan is to determine that the proposed improvements meet the ordinance requirements and any other applicable design criteria. The applicant seeks to improve cell telephone coverage and reception for Verizon Wireless in the Mesquite area by building this 140 tall cell telephone tower. The current facilities are near capacity, and the applicant s Coverage Discretion Study indicates that this location would be best for providing maximum coverage to Verizon customers in the Mesquite area. The nearest Verizon towers are over 4.5 miles away. The tower is designed to permit an additional antenna for another carrier at a future date. There are two tall structures in the immediate area; a 50 tall water tower, and a 60 lattice tower antenna. As the applicant noted, the existence of verticality in this area made the location logical as it would help reduce the aesthetic impact of the proposed tower. The applicant claims that the proposed monopole would be designed to collapse entirely within the boundaries of the owner s 0.29-acre parcel, should it fall. He states it would pose no threat to neighboring residential and commercial parcels, or to NM Hwy 192. It is also designed to withstand high winds. EXISTING CONDITIONS & LAND USE/ZONING The proposed location is a vacant parcel in Mesquite, NM owned by Freddy Rodriguez. This 0.29-acre parcel was created when NM Hwy 192 was straightened and widened in the 1990s. It is too small to permit residential development until and unless sewer service becomes available in Mesquite. Access to the property is from NM Hwy 192 March 10, 2011 Page 2 of 18

(Mesquite Dr.), an 80 ROW with 24 of pavement which is classified as a minor arterial. The Del Rio Drain is on the western boundary of the property. The parcel is not in a FEMA Special Flood Hazard area, but rather in Zone X, the 500-year floodplain. The applicant s agent has submitted a detailed site plan (attached) indicating specifics on the site and location of the proposed tower, a monopole structure. He indicated the applicant would be willing to place a safety light on top of the tower, and construct a rock wall to mitigate the impact of the tower on the surrounding area. The property is located in a mixed-use area of Mesquite. The property to the south is in agricultural production, commercial uses are found on the properties to the east and north, and residential uses are also on properties to the north and also to the west. This is a recognized unincorporated community within Doña Ana County. APPLICABLE REGULATIONS: Doña Ana County Land Use Regulations and Zoning Ordinance, No. 158-95, as amended. Article 2: Administrative Responsibilities Section 2.3: Establishment of the (P&Z). The P&Z being duly appointed shall: B. Review, hear and make final determinations on Planned Unit Development requests. Section 2.0: Community Development Department A. Receive, review, file and approve applications for land uses when said land uses are in conformance to the provisions of this Ordinance. K. Receive, review, analyze, file and bring to the P&Z applications for Zone Changes, Variances, Planned Unit Developments and Site Plans for their review and disposition in accordance to the provisions of this Ordinance. Section 2.2 C: Detailed Site Plan Requirements A detailed site plan shall consist of a scale drawing at a scale of not less than 1 : 100 containing the following information: 1. Location and dimensions of the affected property including legal description. 2. Location of all existing and proposed utility easements, including septic and well where applicable. 3. Location, arrangements, numbers and dimensions of all existing and proposed parking facilities, turning spaces, driveways, aisles and pedestrian walkways and truck loading facilities within the property. March 10, 2011 Page 3 of 18

4. The name and location of all streets adjacent to the property and all proposed points of ingress and egress; traffic volumes and number of lanes on adjacent streets. 5. Size, location and setbacks of all existing and proposed structures within the property and abutting the property. 6. The location, dimensions and capacity of all proposed and existing drainage structures or easements. 7. The location and dimensions (height, width, area of face of sign) of all proposed signs. 8. The location, dimensions and intensity in lumens of all proposed exterior lighting; to assure that light will not project glare onto adjacent property. 9. Indicate grade differences (spot elevations, contours, etc.) and show actual elevations and reference benchmarks used. 10. The location, dimension and capacity of any watercourse(s) that has an intermittent or ephemeral flow. 11. Location, dimensions and materials used for proposed landscaping and buffering. 12. Additional data in report form may be required for uses with a potential to impact residential development abutting the property or within a three hundred foot (300 ) radius of the property with noise, odor, vibration or concussion, smoke, fumes, chemical usage or emissions, dust glare or increased fire danger a. In order to determine impact, the applicant shall submit a summary of commercial or Industrial operations that will generate noise, vibration, odor, smoke, dust, or chemical usage at levels above residential standards or safety levels specified in State or Federal environmental regulations. The applicant shall disclose what State and Federal environmental regulations and standards apply to the proposed use. The applicant shall demonstrate how the development will comply with applicable State and Federal environmental regulations. 13. A grading and drainage plan, shall be required for Medium and High Intensity Residential (PR-2, 3, CR-2, 3 and VR-2) and all Non-Residential land uses (PC- 1, 2, 3, CC-1, 2, 3 and VC-1, 2). Section 2.3.B: Establishment of the (P&Z) The being duly appointed shall receive, hear and make final determinations on applications for Variances and Planned Unit Development Overlay zones as prescribed for by, and subject to, the procedures established herein, and report said determination to the County Commission. 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 March 10, 2011 Page 4 of 18

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 An County Commission and the, 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. Section 2.7 D: Zone Changes Hearing and Decision by the. The Planning and Zoning Commission shall review, hear, and recommend approval or denial of a request for a Zone Change. In its deliberations, the shall consider all oral and written statements from the applicant, the public, the County staff, and its own members. The shall not recommend approval of a Zone Change request unless it finds the Zone Change is in the public interest and is in conformance with the goals of the Comprehensive Plan for Dona Ana County, and is consistent with the character of the surrounding area. A denial of a Zone Change request by the shall be final, unless the applicant files an Appeal to the Board of County Commissioners. Such Appeal shall be sent to the Community Development Director within ten (10) working days after the s decision, and shall state the error or errors in the decision of the. Article 8: Special Zone Overlays Section 8.1: Planned Unit Development Overlay Zone The PUD Overlay Zone is intended for those land uses that will by their nature, have a greater impact on the environment and will affect larger areas of the county. This classification is intended to provide an alternative to the conventional approach to land use regulations by permitting flexibility and innovation in design, placement of buildings, use of open spaces, and off-street parking areas and to encourage a more creative approach to the utilization of the land. Section 8.1.A: Types of PUD Classifications: The PUD classification shall be used as follows: March 10, 2011 Page 5 of 18

2. Type 2: When a commercial or industrial land use is proposed that will have the potential to create negative impacts on the environment, infrastructure or adjacent and nearby properties. Section 8.1 Towers and Antennas 11. a.i.: Application Procedures. A site plan, and structural design plans prepared by a licensed engineer, shall be submitted for any proposed commercial tower or antenna structure. Any commercial tower and antennae with a combined height of three hundred feet (300 ) or more shall require a public hearing to determine whether the proposed height is appropriate for the location. 11. A.ii: Location. If the area of notice is in an area of mixed residential and nonresidential uses, a public hearing shall be held to determine whether the proposed location is appropriate for the height proposed for the tower and antenna structure. 11. A.iii: Setback and Buffering. Towers and Antennas shall be considered a High Intensity Non-Residential use for determining the appropriate setback and buffering requirements Where a public hearing is required to determine whether the proposed tower is appropriate, for the proposed location, setbacks and buffering may be increased to further diminish the negative impacts of the structure on the surrounding area. Section 8.1.B: Procedures Requirements and Standards An applicant for a PUD shall meet the same procedures, requirements and standards as a Zone Change; however, the P&Z will make a final determination, unless their decision is appealed to the Board of County Commissioners and the final decision shall be made in the form of an order and recorded in the Office of the County Clerk. Section 8.1. C: Requirements Prior to Construction. A detailed site development plan shall be submitted either concurrently with the requirements necessary when applying for a PUD district, as set forth hereinabove, or separately or in phases, prior to the actual construction of the development. The detailed site development plan submittal shall meet and follow the same procedures, requirements, and standards as that of a Zone Change request. Section 8.1.D: Approval. The PUD Zone request shall be approved after a public hearing has been held where additional conditions may be imposed to insure the public interest; and where the site development plan, submitted in accordance with the procedures, requirements, and standards set forth herein, has been presented to prescribe the general and/or specific uses, placement of buildings and structures, amount and locations and performances, off-street parking areas, and other items essential to the development and operation and performance. March 10, 2011 Page 6 of 18

Doña Ana County Comprehensive Plan, 1995-2015 The following articles within the Doña Ana County Comprehensive Plan 1995-2015, and the Doña Ana County Land Use Regulations and Zoning Ordinance No. 158-95, as amended, provide the policies, ordinance regulations and criteria that are applicable for approval of Case # PUD11-001/Type 2, in order to insure and create orderly, harmonious and economically sound development and promote the health, safety, convenience and general welfare of the citizens of Doña Ana County. Primary Goal 2: Maintain and protect the County s Resources by protecting the public health, safety, and welfare of County residents. AGENCY COMMENTS: New Mexico Environment Department: No comments except that for wastewater treatment and disposal, the facility will need to get a liquid waste system to serve any employee restrooms. New Mexico Dept of Transportation (NMDOT): 1. It appears the access is off NM 192; an access permit is required from our office 2. How far from the road is the tower located? 3. What is the fall zone distance should this tower fall? Should the tower fall, will it block traffic on NM 192? How deep is the foundation for the tower? The NMDOT wishes to have our concerns addressed prior to giving approval County Flood Commission: 1. The subject property found NOT to be within a FEMA Special Flood Hazard Area and can be further identified on FIRM No. 35013C0800E. Flood zone information of the subject property is the 500 year floodplain 2. Please be aware that the property is still susceptible to localized flooding 3. On lot ponding due to increases to impervious areas shall be required. On-lot drainage ponds shall be a minimum of 5 from the property lines, and 10 from any other structures Please revise the site plan to show location of drainage ponding. 4. A Drainage Maintenance Agreement is warranted for the on-lot drainage pond(s) 5. In the event of a Doña Ana County Building permit, a grading and drainage plan will be required as part of the building permit. County Engineering Department: 1. An NMDOT permit will be required. 2. Provide ponding with the required notes and calculations. Pond must contain 125% of the required volume plus one foot of freeboard. 3. Provide a description for the access/utility easement. 4. Provide Grading and Drainage Plan. 5. What is the total acreage of disturbance? March 10, 2011 Page 7 of 18

DAC Fire Marshal: Approved, no issues with the fire code. Building Services: A Building Permit is required and must meet all County, State and code requirements. The Permit has not been applied for. County Rural Addressing: Approved. County Environmental Codes: Denied. Property covered with dry weeds. DAC Ordinance violation, 230-07. Property also has livestock with poor make-shift corral. Violations must be addressed before approval. Solid waste must be removed. PUBLIC NOTICE / NOTIFICATION: Eighteen (18) letters of notification were sent out. Legal Notification was posted in the Las Cruces Sun-News on February 20, 2011. Signs were posted on the property. Agenda was posted on County Web Site. No correspondence in support or opposition was received by March 3, 2011. However, Mr Efren Rodriguez (property owner #5 on the notification list) came into the Community Development Department to voice his support for this PUD on March 3, 2011. STAFF ANALYSIS: The applicant seeks to improve cell telephone service is an area that the applicant s agent says is underserved. He notes that the nearest Verizon towers are over 4.5 miles away, and that research indicates this is the best location for their 140 monopole tower. However, the location is problematic due to the small size of the parcel on which the applicant seeks to place the tower. It is only 0.29-acres, and the fall zone extends beyond the borders of this property. If the tower were to collapse, it could fall onto NM Hwy 192 to the north, or other residential and commercial properties in the area. Therefore, it poses a possible threat to the health, safety, and welfare of the Mesquite community. The applicant s agent has indicated that the tower would be designed whereby it would collapse upon itself, and the fall zone be contained entirely within the property. However, did NOT document in his submittal how this would be accomplished. The applicant s agent has also indicated that Verizon would place a red light on the top of the tower, since low-flying, crop-dusting, planes frequently spray the nearby fields during the growing season. He has also indicated that Verizon would build a rock wall to mitigate the impact on the surrounding area, unlike the La Mesa MDWCA facility across the highway, which only has a chain-link fence around its building. While the NMDOT agency review received by staff stated that a new driveway permit would required to access the parcel, the applicant s agent spoke with Bernie Saltillo in the Deming office. He indicated that the applicant would not need a new permit unless they were working within the NMDOT ROW, or placing equipment within that ROW. (See attached email). All required permits would be needed, however, to obtain a building or other permit. In addition, the applicant s agent has indicated that Verizon would be OK with a 125 tall tower, if the P&Z Commission was concerned about the 140 height on such a small March 10, 2011 Page 8 of 18

parcel. Nevertheless, staff believes fall zone concerns would still be an issue, even with a reduction of 15 in the height of the tower. FINDINGS: 1. The request of this application is consistent with the requirements of the Doña Ana County Land Use Regulations & Zoning Ordinance (#158-95) regarding Applications and Hearing Procedures: Section 2.5. 2. 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. A PUD must meet the same procedures, requirements and standards as a Zone Change pursuant to Section 8.1B and Section 2.5.B of the Ordinance. 5. The Final Site Plan does NOT meet the requirements of Section 2.2 of the Ordinance. 6. The PUD does NOT meet the criteria within Sections 2.2 and 2.7 of the Ordinance: It is NOT in the public interest. If it collapsed, it could fall onto NM Hwy 192 or adjacent properties. It is NOT in conformance with the goals of the Comprehensive Plan: Primary Goal 2: Maintain and Protect the County s Resources by protecting the public health, safety, and welfare of County residents. It is NOT consistent with the character of the surrounding area. The area is predominantly residential, with commercial uses to the east and north. 7. All notification and notice requirements have been met per Section 2.5.B of the Ordinance. RECOMMENDATION: Staff recommends Denial of Case # PUD11-001/Type 2, based on the findings. However, if the wishes to approve Case # PUD11-001 staff recommends the following conditions: 1. A six foot (6 ) tall rock wall shall be placed around the tower, and appropriate landscaping as per Buffer B of Section 5.3 of the Ordinance. 2. The tower shall be camouflaged in the form of a pine or palm tree. 3. The cell tower shall have a light on top to alert low-flying aircraft. 4. An NMDOT access permit shall be required for accessing NM Hwy 192. March 10, 2011 Page 9 of 18

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