PLANNING AND ZONING COMMISSION VARIANCE DOÑA ANA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT Doña Ana County Government Center 845 N. Motel Blvd. Las Cruces, New Mexico 88007 Telephone: (575) 647-7350 MEETING DATE: November 10, 2011 CASE NO: CV11-018 REQUEST: A Variance to road improvement standards from paving to gravel for a Summary Subdivision to create 2 lots APPLICANT: LOCATION: EXISTING ZONING: AFFECTED PROPERTY SIZE: RECOMMENDATION: CASE MANAGER: Meyer Marcus & Felipe Espino, Moy Surveying, agent 328 McCombs Drive in Chaparral, NM Performance District 2.01-acres Approval Jonathan Kesler, Planner SYNOPSIS: Submitted by Meyer Marcus and Felipe Espino, Henry Magallanez of Moy Surveying, Agent, a request for a Variance to road paving improvement standards, where fifty feet (50 ) of ROW with 24 of improved roadway is required for a Summary Subdivision. The applicant is proposing a sixty foot (60 ) county maintained ROW with gravel improvements to create two (2) lots within the Performance District. The proposed Lot 1 would access Chaparral Dr. The 2.01-acre property is addressed as 328 McCombs Road. It is described as Lot 9, Block V of the Chaparral Subdivision No. 2, within Section 26, Township 26 South, and Range 5 East, as recorded in the Doña Ana County Clerk s office on February 15, 1971. The parcel can be further identified by Map Code # 4-029-155-033-136. Having reviewed the agency comments and the supporting documents, staff concludes that the case has met the requirements of Section 2.6 Variances of the County Ordinance. Staff recommends approval. REPORT CONTENTS: (1) Case Analysis and Staff Recommendation. (2) Supporting Documents (3) GIS Information and Maps. November 10, 2011 / Case # CV11-018 Page 1 of 16
CASE ANALYSIS SURROUNDING ZONING/LAND USE SITE ZONING LAND USE North PD, Performance Dist. Residential, site-built houses South PD, Performance Dist. Commercial, retail East PD, Performance Dist. Residential, site-built houses West PD, Performance Dist. Residential, mobile homes BACKGROUND Meyer Marcus and Felipe Espino, Henry Magallanez of Moy Surveying, Agent, submitted a Summary Subdivision to separate this 2.01-acre property into two (2) parcels: Lot 1 of 0.73-acres and Lot 2 of 1.28-acres. The road in question that accesses the parcel on the west, and would be the access for Lot 1, is County maintained: Chaparral Drive, a sixty foot (60 ) wide gravel right-of-way. Mr. Magallanez of Moy surveying went to the Development Review Committee on July 5, 2011. Concerns included: safety issues could arise from vehicles going from the graveled section to the paved section, then back to the graveled section. Degradation of the paved section of the road is also likely to occur over time. The DRC voted 3-1-0 (three in favor, one against, with zero abstentions) to make a positive recommendation to the P&Z for a Variance to the road improvement standards. If the Variance to road standards is granted, the applicant will pursue the Summary Subdivision to subdivide the parcel; which would create two lots. Proposed Lot 1 is currently undeveloped; proposed Lot 2 is a fully developed commercial lot with a retail store (Dollar General). EXISTING CONDITIONS & LAND USE/ZONING The existing land use classification is Performance District. The aerials, as well as site visits, reveal the eastern half of the property that borders McCombs Rd, to be commercially developed. There is a mix of residential and commercial parcels in the vicinity. APPLICABLE PLANS, POLICIES AND CRITERIA FOR APPROVAL The following articles within the Doña Ana County Code provide the policies, ordinance regulations and criteria that are applicable for approval of Case # CV11-018 in order to ensure and create orderly, harmonious and economically sound development and promote the health, safety, convenience and general welfare of the citizens of Doña Ana County. November 10, 2011 / Case # CV11-018 Page 2 of 16
PERTINENT SECTIONS FROM ARTICLE 2 THE DOÑA ANA COUNTY CODE: SECTION 250-17.C (FORMERLY SECTION 2.5.B.) PUBLIC HEARING NOTICE AND REQUIREMENTS This chapter, 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 for a minimum of 15 working days on at least four 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 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, 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 owners, as shown by the records of the County Assessor, of lots or land within 300 feet 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 10 such owners within the three-hundred-foot distance, then the distance will be extended until 10 such owners are included and notified, provided the area of notification does not exceed a one-mile radius. SECTION 250-18 (FORMERLY SECTION 2.6) VARIANCES Any development proposed that does not conform to any of the standards of development in this Ordinance must obtain a Variance. A Variance shall not be granted unless the Variance is found to meet the requirements of Paragraph E. In granting a Variance, any reasonable conditions may be imposed to minimize any adverse effects the Variance might otherwise have on property within the area of notification or on the County generally. A. Applications for Variances. An application for a Variance shall be submitted to the County by the owner of the property that is the subject of the Variance request or by the owner s agent. A completed copy of the application, an appropriate site plan that meets the criteria set forth in this Ordinance, and a non-refundable filing fee shall be submitted to the Zoning Administrator. D. A denial of a Variance by the may be appealed to the Board of County Commissioners. E. The following findings are required for approval of any Variance: 1. Granting of 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. 2. Granting of the Variance is justified because there is a physical hardship or extraordinary economic hardship for the applicant resulting from the size, shape, November 10, 2011 / Case # CV11-018 Page 3 of 16
existing structures, or topographical or other physical conditions on the site or in the area of notice. 3. Granting the Variance will uphold the spirit and intent of this chapter and accomplish substantial justice. ARTICLE IX. MINIMUM DEVELOPMENT REQUIREMENTS (FORMERLY ARTICLE 9, GENERAL MINIMUM DEVELOPMENT REQUIREMENTS Section 250-79 (formerly Section 9.2) ACCESS TO PUBLIC WAY AND PRIVATE ROADWAY EASEMENTS D. All development, including the creation of a lot through the claim-of-exemption process, shall require that roads linking the development to a County or statemaintained road shall be a minimum of 50 feet of right-of-way or road and utility easement with a minimum width of 24 feet of improved roadway, unless a lesser width is approved by the Zoning Administrator. Based on an analysis by a professional engineer, the Zoning Administrator may reduce the required width to not less than 30 feet of right-of-way or road and utility easement and 20 feet of improved roadway if it is determined that the lesser standard is sufficient for the potential traffic based on the potential number of lots served by the right-of-way and allowed uses, under current zoning. The composition of road surfaces shall be by design to withstand the proposed loading. Width and design may vary depending upon the use. Drainage swales and drainage structures shall be part of the road design. AGENCY REVIEW COMMENTS DAC Engineering Department: The DRC recommended approval on July 5, 2011. DAC Flood Commission: Pursuant to FEMA Flood Insurance Rate Map (FIRM) No. 35013C0935 E, the subject property is not located within a Special Flood Hazard Area. Please be aware that the property and associated roadways are still susceptible to localized flooding. Pursuant to the Chaparral Master Drainage Plan 2008, drainage facilities are not proposed within the property boundary limits of the subject property. DAC Utilities: The Dollar General [Store on the parcel] has an existing 4 [sewer] stubout. Sewer is also available at the intersection of McCombs and Oasis Dr. [Installation] requires a permit and a bore under McCombs [to Chaparral Dr.]. DAC Fire Marshal: Approved, no comments. DAC Building Services: No permits are required [for the Variance]. NMED: No comment on proposed actions. DASO Codes: Approved, no violations, 10/25/11. November 10, 2011 / Case # CV11-018 Page 4 of 16
County Rural Addressing: Approved. No comments Lake Section Water: No comments or concerns DAC Development Review Committee (DRC): The right-of-way is sixty feet (60 ) wide, surfaced with gravel, and county-maintained. Safety issues could arise from vehicles going from the graveled section to the paved section, then back to the graveled section. Degradation of the paved section of the road is also likely to occur over time. The DRC voted 3-1-0 (three in favor, one against, with zero abstentions) to make a positive recommendation to the P&Z for a Variance to the road improvement standards. NOTICE / NOTIFICATION Fourteen (14) letters of notification were sent out. Legal Notification was posted in the Las Cruces Sun-News on Sun, Oct. 23, 2011. Signs were posted on the property. Agenda was posted on County Web Site. One email of support (see attached) and no correspondence in opposition was received by November 2, 2011. STAFF ANALYSIS The proposed Variance request has met the requirements of the Ordinance for public notification. The application went through all of the appropriate agency reviews. The applicant states that the road accessing the proposed parcels are County maintained: Chaparral Drive, a sixty foot (60 ) wide gravel right-of-way. Paving the section required could pose a threat to the health safety and welfare of the public, as vehicles move from the paved section to the gravel section. Degradation of the paved section of the road is also likely to occur over time. The Fire Marshal s office does not require paving; rather it states that the roadway shall be surfaced in a manner to allow heavy fire equipment access to properties on it. Fifty feet (50 ) of ROW is required, with twenty-four feet (24 ) of improved roadway. If the applicant were to receive a Variance to road-access standards it would mean that this county-maintained road would continue to be uniformly surfaced with gravel from this property to the nearest paved Doña Ana County Road, Hermosa Drive, to the south. No possible hazards to the public health, safety and welfare would be introduced. In a narrative summarizing the Variance request, the applicant stated the following: It is requested that the Variance be issued due to the unsafe conditions that would exist when paving a small portion. The existing road has a gravel road bed. Thus paving will be an overburden to the existing gravel road. Other than the unsafe conditions [that] would exist by paving the road, the only other hardship is denying the proposed split to accommodate the family. November 10, 2011 / Case # CV11-018 Page 5 of 16
FINDINGS: 1. The request of this application is consistent with the following requirements of the Doña Ana County Code, Section 250-18.E, regarding Applications and Hearing Procedures for Variances: Section 250-17.C and Section 250-18.A. 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. The Variance request has met the following evaluation criteria under Section 250-18.E of the Code: 1. Granting 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. Maintaining a uniform roadway is safer than having uneven road surfaces. The road, though gravel, is county-maintained. 2. Granting the Variance is justified because there is a physical hardship or extraordinary economic hardship for the applicant resulting from the size, shape, existing structures, or topographical or other physical conditions on the site or in the area of notice. Paving a short expanse of road will be an overburden to the existing gravel road; it could result in the degradation of the paved section. 3. Granting the Variance will uphold the spirit and intent of this Ordinance and accomplish substantial justice. Uniform roads protect the health, safety and welfare of the public. 5. All notification and notice requirements have been met per Section 250-17.C. of the Code. 6. The Design Review Committee (DRC) voted 3-1-0 (three in favor, one against, with zero abstentions) to recommend approval of this Variance to the P&Z, based on the fact that this is a County-maintained gravel road. STAFF RECOMMENDATION: Staff recommends APPROVAL of Case # CV11-018. November 10, 2011 / Case # CV11-018 Page 6 of 16
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