DOÑA ANA COUNTY PLANNING AND ZONNING COMMISSION Doña Ana County Government Complex 845 N. Motel Blvd. Las Cruces, New Mexico 88007 Office: (575) 647-7350 MEETING DATE: February 23, 2017 REQUEST: Zone Change CASE #: Z17-001 PURPOSE: PROPERTY OWNER/ APPLICANT/AGENT: LOCATION: PROPERTY SIZE: To pursue a 62-lot mobile home subdivision Picacho Valley Group, LLC Underwood Engineering West Picacho Ave. (no address) East of Rio Grande 8.37-acres (6.125-acres to be rezoned) PARCEL ID NO.: 03-29324 RECOMMENDATION: Conditional Approval CASE MANAGER: Steve Meadows Planner The Planning and Zoning Commission being duly appointed shall receive, hear and make final determination on this Zone Change. The decision of the Planning and Zoning Commission can be appealed by an aggrieved person or party to the Board of County Commissioners. The property owner intends to change the zone on 6.125-acres from C2 (Community Commercial) to D2 (Residential) to develop a 62-lot mobile home subdivision that will include the adjacent 15.47-acre parcel to the north for a residential development consisting of 10,000 sq. ft. lots, to be created during the subdivision process. REPORT CONTENTS: (1) Case Analysis and Staff Recommendation (2) GIS Information & Maps (3) Application and Supporting Documents (4) Conceptual Plan (5) Petition PLANNING AND ZONING COMMISSION 1
SURROUNDING ZONING AND LAND USE SITE ZONING LAND USE North D1 Agricultural/Residential South City of Las Cruces - C2C Agricultural/Vacant East C1 Agricultural/Residential/Commercial West Rio Grande Waterway Existing Conditions and Zoning: The 8.37-acre subject parcel is located within a C2 Community Commercial Zone and is located north of W. Picacho Ave. and east of the Rio Grande. The parcel (Pg. 15) is undeveloped and has been utilized for farming. The southernmost 1.14-acres of the parcel lies within the City of Las Cruces and is zoned C2C (Commercial Medium Intensity). A ten foot (10 ) utility easement is located near the southern property line near W. Picacho Ave. A twenty-five foot (25 ) road (Hoskins Ln.) and utility easement is located along the western property boundary. The Request: The applicant is requesting a Zone Change on the northern 6.125-acres of a 8.37-acre parcel from C2 (Community Commercial) to D2 (Residential, medium density, 6,000 sq. ft. minimum lot size, site-built single family homes and mobile homes) to pursue a 62-lot mobile home subdivision on the subject property and the adjacent 15.47-acre parcel to the north. BACKGROUND Originally, Case # Z16-003/Picacho Valley was scheduled to be heard by the Extra-territorial Zoning Commission (ETZC) on January 19, 2017. The request was to change the zoning on a 15.47-acre lot from ER4M to ER6M and to change the zoning on 6.125-acres of an 8.37-acre lot from EC2 to ER6M zoning. The adjacent 1.12-acres would retain the EC2 (Community Commercial) zoning designation. A Zone Change request requiring a public hearing by the ETZC and a subsequent decision by the Extraterritorial Zoning Authority (ETA), cannot be given final approval based on the research and direction provided by DAC Legal Department. Final approval (see explanation below) of the case could not become effective before the effective date (February 2, 2017) of the Unified Development Code (UDC) therefore, Case # Z16-003, was withdrawn and a new Zone Change request was submitted and must be administered as prescribed within the UDC (Pgs. 3-4). The Doña Ana County Legal Department provided the following basis for withdrawing on-going cases under the existing Code to be administered under the UDC after February 2, 2017: Preliminary research indicates that the vested rights doctrine applies to an ongoing development or project that has been approved and upon which substantial investment has been made. Miller vs. BOCC of Santa Fe Co., PLANNING AND ZONING COMMISSION 2
144 N.M. 841, 846 (Ct. App. 2008). Any land use application that has not yet achieved a final order for which all opportunities for appeal have been exhausted is not yet a final approval for the purpose of conferring any vested rights upon the applicant. See Germania Sav. Bank vs. Village of Suspension Bridge, 159 N.Y.362 (1899). APPLICABLE PLANS, POLICIES, AND CRITERIA FOR APPROVAL Ordinance No.287-2016, Unified Development Code 1.4.3.c Duties of the Planning and Zoning Commission: Receive, hear and make recommendations to the BOCC on approval, approval with conditions, or denial of zone change requests. 2.2.2 General Notice Requirements 2.3 Zone Changes 2.3.b Application Procedure 2.3.1 Public Hearing for a Zone Change 2.3.2.a Decisional Criteria: A proposed zone change shall be consistent with the intent of this Chapter and promote the health, safety, and general welfare of the residents of the County. Additional factors that the P&Z and BOCC may consider in decisions include but are not limited to: i. Potential number of homes; ii. iii. iv. Population; Demographics; Potential traffic flows and impacts; v. Need for new commercial or residential activity; vi. vii. viii. ix. Potential water and sewer needs; Existing infrastructure capacities and the ability of existing systems to accommodate new development; Environmentally sensitive areas, areas of historical significance, or areas that contain endangered or rare species of animal and plant life; The impact of a proposed zone change on surrounding properties; and x. Implementation of best management practices for the development. 2.3.2.d A proposed zone change shall not be in significant conflict with the Comprehensive Plan or other adopted or approved County plans and amendments thereto, including privately developed area plans that have been adopted by the County. 2.3.2.e The applicant shall demonstrate that the requested zone change is supported by a: PLANNING AND ZONING COMMISSION 3
i. Need to cover and perfect a previous defective ordinance or to correct mistakes or injustices therein; or ii. Sufficient change of conditions making the zone change reasonably necessary to protect the public interest. 2.3.2.g The applicant has the burden of overcoming the presumption that the current zoning district designation is the most appropriate designation. 2.3.2.j A zone change that results in a zone different from surrounding zoning, on a strip of land along a thoroughfare is generally called strip zoning, 2.3.2.k Spot zoning is prohibited. Spot zoning is an attempt to wrench a single lot from its environment and give it a new rating that disturbs the tenor of the neighborhood, and which affects only the use of a particular piece of property or a small group of adjoining properties and is not related to the general plan for the community as a whole, but is primarily for the private interest of the owner of the parcel. Spot zoning is determined on an ad hoc basis depending on the facts and circumstances of each case. Factors to be considered are: i. The disharmony with the surrounding area; ii. The size of the area to be rezoned; and iii. The benefit of the rezoning to the community or the owner of the parcel. COMPREHENSWIVE PLAN 2040 The Zone Change request conforms to the following elements of the Plan 2040: Livability Principle 1: Look for opportunities to utilize or expand existing water and sewer systems rather than fund and maintain new ones. Livability Principle 4: Design housing policies to deliver safe, dignified, affordable housing choices, develop a range of tools to enhance community affordability and programs for zoning that lowers barriers to a full range of residential and commercial alternatives within walking distance. Fair Housing, Goal 4.1: DAC should consider encouraging a greater mix of housing units and sizes. Further, the County should consider the range of future residents, from students, farm workers, and individuals just entering the housing market to seniors downsizing from larger homes. Fair Housing, Goal 4.2: Permit and Encourage Low-Cost Housing Fair Housing, Action 4.2: Encourage Low-Cost Housing Types; DAC should encourage low-cost dwelling types. Provide rules allowing mobile and manufactured housing where it is appropriate. The Zone Change request is located within the G1 Sector Plan, defined as; Lands of primarily rural character, such as Small Villages and Villages, in which development shall be limited to not overburden resources or natural systems. PLANNING AND ZONING COMMISSION 4
NOTICE / NOTIFICATION 14 letters of notification were mailed to the property owners within the area of notice on February 1, 2017. Legal Ads were placed in the Las Cruces Sun-News on January 29, 2017. Signs placed on the property in a timely manner. Agenda placed on the DAC Web site. PUBLIC COMMENTS A petition (Pg. 33) in opposition to the request with 3 signatures (all just outside area of notification) was submitted Feb. 15, 2017 citing concerns about potential loss of property values, increased traffic and noise, water contamination, septic and backflow control, excessive street lights, and increased crime in the area. No other correspondence was received in support or opposition to the request by February 15, 2017. AGENCY COMMENTS DAC Engineering: 1. Follow all minimum required setbacks for the proposed zoning. 2. Adhere to all subdivision regulations and requirements. 3. Adhere to all regulatory agency comments. Some agencies may require certain permits or licenses to be obtained. 4. Further submittals would warrant further comments. DAC Flood Commission: Pursuant to FIRM No. 35013C1079G & 35013C1087G. The subject property is not currently located in a FEMA Special Flood Hazard Area & is located in FEMA Other Flood Areas, Zone X, areas of 500-year flood. Please be aware that the lot is susceptible to flooding despite not being located directly in a Special Flood Hazard Area. DAC Fire Marshal: Zone Change approved only. DAC Building Services: No comments. DAC Rural Addressing Coordinator: No comments. DAC Zoning Codes: No comments. DASO Codes: No violations. NMED: Wastewater Treatment and Disposal: In response to the zone change request only no comment. In regard to the proposed Subdivision, the proposed lots are below the required lot size for the use of conventional septic systems. Further comment will be provided at the time the proposed Subdivision is submitted to NMED for review. Water Supply/Water Quality: The Drinking Water Bureau does not have any issues with the zone change. Solid Waste Disposal: The Solid Waste Bureau has no comment nor concern in this matter relative to solid waste issues. Surface Water Bureau: No comment received. PLANNING AND ZONING COMMISSION 5
NMDOT: The development will require an access permit from the NMDOT District Office and may be subject for a traffic analysis. No concern on Zone Change. Office of the State Engineer: Water service appears to be from a municipal or mutual domestic. No permits are required from this office for the zone change. EBID: The issue with water rights with the subdivision has been resolved (water rights transferred to DAMDWCA). The only issue that remains is the one involving getting the culvert permitted (to be addressed at subdivision phase of project when access to Burke Rd. is constructed). CLC Planning Dept.: Staff does not have any issues with this request. Mesilla Valley MPO: Picacho/US 70 is a principal arterial requiring 120 ROW. STAFF ANALYSIS The Planning and Zoning Commission being duly appointed shall receive, hear and make final determination on this Zone Change request. The decision of the Planning and Zoning Commission can be appealed by an aggrieved party or person to the Board of County Commissioners. The property owner proposes to change the zoning on 6.125 acres of an 8.37-acre lot from C2 (Community Commercial) to D2 (Residential, 6,000 sq. ft. minimum new lot size, single family site-built and mobile homes allowed) to match the zoning on the adjacent property to the north to pursue a 62-lot mobile home subdivision (Pg. 32). D2 Zoning is described as medium density residential and permits a mixture of single-family site-built homes, mobile homes, duplex residences, and related residential support uses. The applicant has stated in his submittal that a minimum lot size of 10,000 sq. ft. has been selected for the proposed mobile home subdivision. Water and sewer service will be provided by Doña Ana Mutual Domestic Water Consumers Association (Doña Ana MDWCA) per the Ready, Willing, and Able letters submitted by the applicant (Pgs. 24-28). Access shall be from W. Picacho Ave. on the south and Burke Road on the northeast side of the proposed development. 2.3.2 DECISIONAL CRITERIA 2.3.2.a: i. Potential number of homes: Applicant has imposed a 10,000 sq. ft. lot size limit on the development. A total of sixty-two (62) homes are being proposed for the 21.6-acre mobile home subdivision. ii. iii. Population: Based on average household population in New Mexico of 2.6 persons per household, this will correlate to approximately 161 persons occupying the 62 homes. The current zoning would allow approximately 103 lots with a population of approximately 269 on the 15.47- acres. If a developer follows the UDC for this zone and constructed duplexes, both of the projected population totals shown above would double. Demographics: Typical population targeted will be middle to upper income couples, mature and retired couples between 40-70 years of age. PLANNING AND ZONING COMMISSION 6
iv. Potential traffic flows: Submitted STA includes access to W. Picacho Ave. and Burke Road (Pgs. 29-31) and comments from DAC Engineering and NMDOT indicate that no issues exist at the zone change stage; however, when development occurs, further traffic analysis will be necessary to determine the impacts and any mitigation techniques to be employed by the developer prior to final approval of the development. v. Need for new commercial/residential activity: The reconfigured commercial area of approximately 2.2-acres will complement the proposed residential development and be similar in size with other developments along W. Picacho Ave. Applicant states that there is a need for affordable housing and the selected lot size (10,000 sq. ft.) is appropriate for the area. vi. Potential water and sewer needs: Water and wastewater services to the residential and commercial development will be provided by Doña Ana MDWCA as indicated by the Letters of Commitment (Pgs. 24-28). Applicant will construct a lift station near the southwest corner of the parcel to handle both the residential and commercial wastewater services. vii. Infrastructure capacity: Water and wastewater service capacities are in place or located nearby (Pg. 21) and can be utilized by the developer with the appropriate facilities installed (lift station). Detailed traffic impact analysis will be required at the subdivision stage but appear to be adequate according to agency review comments. viii. Environmentally sensitive areas/species: This area has been used for agriculture production for years any environmentally sensitive areas, area of historical significance or areas containing endangered species would be known by this time. ix. Impact of zone change: Zone change request includes a self-imposed limit of a 10,000 sq. ft. minimum lot size (Pg. 18) where the requested D2 zoning would allow 6,000 sq. ft. parcels. This 66% increase in lot size above the minimum will decrease the impact to the surrounding areas accordingly. Access will be limited to one point on W. Picacho Ave. and one point on Burke Road. Any improvements to the roadways will be required to be made by the developer at the subdivision stage and all required buffering and landscaping to mitigate sound and light impacts from the development are required. x. Implement Best Management Practices: All Best Management Practices recognized by Doña Ana County Staff and employed by the developer at the proposed subdivision stage shall be monitored by DAC staff for adherence. Based on the above analysis, Staff concludes that the request meets the 2.3.2.a Decisional Criteria for a Zone Change. 2.3.2.d: As listed above (Pg. 4) the proposed zone change meets several principles, goals and actions of the Comprehensive Plan 2040. 2.3.2.e: A change of conditions has occurred in the area with the commitment by Doña Ana MDWCA to provide wastewater services. Property within the UDC zoning category of D2 (6,000 sf minimum lot size) cannot be developed with conventional septic system technology and with the availability of sewer service in the area by Doña Ana MDWCA properties can now be developed. Additionally, the commercial development can also take place with the availability PLANNING AND ZONING COMMISSION 7
of sewer. This change of conditions makes the zone change reasonably necessary to protect the public interest. 2.3.2.g: The applicant has overcome the presumption that the current zoning district is the most appropriate as there has been a change in conditions, the request would not be considered a spot zone, the request meets the Decisional Criteria of 2.3.2 of the UDC Ordinance, and the request meets several principles, goals and actions of the Comprehensive Plan 2040. 2.3.2.j If approved, this zone change request would not result in a zone different from surrounding zoning as the request decreases the size of the existing C2 Community Commercial District and expands the existing D2 Residential Zoning District. 2.3.2.k: The proposed Zone Change would not be considered a spot zone because the 6.125 acres will be zoned the same as the residentially zoned 15.5-acre parcel to the north (D2) and will expand the D2 zoned area to approximately 21.7 acres. By downsizing the available commercial area to approximately 2.2-acres versus the current approximate 8.37-acres, the acreage ratio will go from approximately a 2 to 1 (residential to commercial) ratio to a 10 to 1 ratio. This change in the acreage ratio will more appropriately serve the resulting population increase from the proposed development and will be in harmony with other commercial uses and zones along W. Picacho Ave. Although the applicant and developer will benefit from the proposed zone change and subsequent residential and commercial development the public will also benefit as shown in the Cost Benefit Analysis (CBA) submitted by the applicant (Pgs. 19-20). The CBA indicates that left undeveloped the 22 acres generates approximately $4,017 in tax revenue as agriculture land. The applicant s analysis shows that after public safety costs and street maintenance costs are deducted the tax revenue generated from the proposed development would be approximately $35,358. The stated goal of the applicant for the proposed development is affordable housing and this proposed development would benefit the general public by offering this type of housing to the residents of the County and by developing the properties, the tax benefits to the public will be increased. STAFF FINDINGS: 1. The request of this application is consistent with the requirements of the 2.1.1 Application Procedures of the Ordinance No. 287-2016. 2. The property is outside of any incorporated municipal zoning authority and is within Doña Ana County. 3. Pursuant to 1.4.3.c, the Doña Ana County Planning & Zoning Commission has jurisdiction to review this application and make recommendations to the BOCC on approval, approval with conditions, or denial of zone change requests. 4. Notice requirements have been met as prescribed in 2.3.1 Public Hearing for a Zone Change. 5. The Zone Change request is in conformance with Livability Principles No. 1 and 2, Fair Housing Goals No 4.1 and 4.2, and Fair Housing Action No. 4.2 of the Comprehensive Plan 2040 per. 2.3.2.d. PLANNING AND ZONING COMMISSION 8
6. The Zone Change request meets 2.3.2.e as there has been a change in conditions in the area with sewer services now available from Doña Ana MDWCA with the appropriate installation of a lift station. 7. The applicant has overcome the presumption that the current zoning designation is the most appropriate zoning designation per 2.3.2.g. 8. The Zone Change request will not result in zoning different from the surrounding zoning as the request would shrink the existing C2 Commercial Zoning District and expand the existing D2 Residential Zoning District 9. The Zone Change request would not be considered a spot zone per 2.3.2.k as it is in harmony with other residential and commercial uses and lot sizes along W. Picacho Ave., and will be a part of a large D2 zoned area, and will benefit the public with enhanced tax revenues. 10. The Zone Change request meets the 2.3.2 Decisional Criteria and is consistent with the health, safety, and general welfare of the residents of the County. STAFF RECOMMENDATION: Based on the request meeting the applicable sections of the Doña Ana County Ordinance No. 287-2016, the Unified Development Code, conforming to elements of Comprehensive Plan 2040, meeting the Miller criteria, and the findings listed above, Staff recommends Conditional Approval of Case #Z17-001 with the following condition: All residential lots shall be no less than 10,000 sq. ft. in size. PLANNING AND ZONING COMMISSION 9
CLOSE-UP OF SUBJECT PROPERTY PLANNING AND ZONING COMMISSION 10
ZONING MAP PLANNING AND ZONING COMMISSION 11
PROPERTY NOTIFICATION AERIAL PLANNING AND ZONING COMMISSION 12
NOTIFICATION TABLE PLANNING AND ZONING COMMISSION 13
SURROUNDING AREA PLANNING AND ZONING COMMISSION 14
SURVEY OF AREA OF ZONE CHANGE PLANNING AND ZONING COMMISSION 15
APPLICATION (Pg. 1 of 2) PLANNING AND ZONING COMMISSION 16
APPLICATION (Pg. 2 of 2) PLANNING AND ZONING COMMISSION 17
NARRATIVE (Pg. 1 of 2) PLANNING AND ZONING COMMISSION 18
NARRATIVE & COST BENEFIT ANALYSIS PLANNING AND ZONING COMMISSION 19
COST BENEFIT ANALYSIS (Pg. 2) PLANNING AND ZONING COMMISSION 20
DECISIONAL CRITERIA (Pg 1 of 3) PLANNING AND ZONING COMMISSION 21
DECISIONAL CRITERIA (Pg 2 of 3) PLANNING AND ZONING COMMISSION 22
DECISIONAL CRITERIA (Pg 3 of 3) PLANNING AND ZONING COMMISSION 23
WATER COMMITMENT LETTER (1 of 3) PLANNING AND ZONING COMMISSION 24
WATER COMMITMENT LETTER (2 of 3) PLANNING AND ZONING COMMISSION 25
WATER COMMITMENT LETTER (3 of 3) PLANNING AND ZONING COMMISSION 26
WASTEWATER COMMITMENT LETTER (1 of 2) PLANNING AND ZONING COMMISSION 27
WASTEWATER COMMITMENT LETTER (2 of 2) PLANNING AND ZONING COMMISSION 28
STA (1 of 3) PLANNING AND ZONING COMMISSION 29
STA (2 of 3) PLANNING AND ZONING COMMISSION 30
STA (3 of 3) PLANNING AND ZONING COMMISSION 31
PROPOSED CONCEPT PLAN PLANNING AND ZONING COMMISSION 32
PETITION FROM BURKE RD. RESIDENTS PLANNING AND ZONING COMMISSION 33