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: March 24, 2016 CASE NO: REQUEST: PROPERTY OWNERS: CV16-002/Oakley A Variance to road access standards to pursue a Low Intensity Non-Residential Application for a winery/tasting room and vineyard Bryan and Dawn Oakley LOCATION: EXISTING ZONING: AFFECTED PROPERTY SIZE: RECOMMENDATION: CASE MANAGER: 307 W. Provencio Road Chamberino, NM Performance District 4.14-acres Approval Albert Casillas, Planner SUMMARY: The applicant Dawn Oakley, requests a Variance to road access standards within the Performance District. The applicant is proposing a 30 county maintained paved ROW where a 50 ROW and 24 of improved roadway is required in order to construct a 1,500 sq. ft. building for a winery/tasting room and vineyard. The 4.14 acre parcel is located on 307 W. Provencio Road, in Chamberino, NM. It is within Township 26S, Range 3E, Section 18, recorded in the Office of the Doña Ana County Clerk August 03, 2010, under Instrument # 1022157, and can be further identified by Parcel # 17-02611. REPORT CONTENTS: (1) Case Analysis and Staff Recommendation. (2) Supporting Documents (3) GIS Information and Maps. March 24, 2016/ Case # CV16-001/Oakley Page 1 of 20
SURROUNDING ZONING AND LAND USE SITE ZONING LAND USE North PD, Performance Dist. Agricultural South PD, Performance Dist. Residential/Agricultural Uses East PD, Performance Dist. Residential/Agricultural Uses West PD, Performance Dist. Residential/Agricultural Uses BACKGROUND The Request: The applicant is requesting a Variance to road access standards within the Performance District. The applicant is proposing a 30 county maintained paved ROW where a 50 ROW and 24 of improved roadway is required in order to construct a 1,500 sq. ft. building for a winery/tasting room and vineyard. Existing Conditions & Land Use/Zoning: The subject property is in the Performance District in Chamberino, NM. There is residential and agricultural development surrounding the property. Per the Assessor s records, a 32 x64 2013 Karsten mobile home and a 30 x40 equipment shed is located on the property. One (1) acre is assessed as residential and the remaining 3.14 acres are assessed as tillable land. The applicant is also applying for a Low Intensity Non-Residential Application under Case # PDNR (L) 15-009 for the winery. The proposed winery will be 1,500 sq. ft. 750 sq. ft. will be dedicated to the winery and 750 sq. ft. to the tasting room. The vineyard will consist of 1,200 vines. The tasting room will be open Friday, Saturday and Sunday from 12:00pm-5:30pm. Water is provided by Chamberino MDWC&SA and also Water Well # LRG-14886. Septic Permit # DA130213 is for the Wine Tasting Room with 5 seats. Permit # DA130182 is for a three bedroom home. There are no records of other Variance requests for this property or within the area of notification. March 24, 2016/ Case # CV16-001/Oakley Page 2 of 20
NOTICE / NOTIFICATION 19 letters of notification were sent out. Legal Notification was posted in the Las Cruces Sun-News on Sun, March 6, 2016. Signs were posted on the property on March 6, 2016. Agenda was posted on County Web Site. No letters in support or opposition were received as of March 18, 2016. APPLICABLE PLANS, POLICIES AND CRITERIA FOR APPROVAL DOÑA ANA COUNTY CODE CHAPTER 250: LAND USE AND ZONING ARTICLE 2 ADMINISTRATIVE RESPONSIBILITIES Section 250-18 Variances Any development proposed that does not conform to any of the standards of development in this chapter must obtain a variance. A variance shall not be granted unless the variance is found to meet the requirements of Subsection 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. Section 250-18.A Application 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 chapter, and a nonrefundable filing fee shall be submitted to the Zoning Administrator. Section 250-18.D A Denial of Variance A denial of a Variance by the may be appealed to the Board of County Commissioners. Section 250-18.E Required Findings 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, existing structures, or topographical or other physical conditions on the site or in the area of notice. March 24, 2016/ Case # CV16-001/Oakley Page 3 of 20
3. Granting the Variance will uphold the spirit and intent of this Chapter and accomplish substantial justice. Article IV - Performance District Section 250-24 Purpose The purpose of the Performance Zone District is to allow flexibility for land use activities in the rural areas of the County, while protecting residents and property values. In the Performance Zone District, any use may be approved, provided that all standards for that particular use are met and the use is consistent with the character of the surrounding areas. Standards for land uses are based on the intensity of the primary use of a parcel of land. The most intense uses with a potential impact on a larger area of the County, or its resources, than the residential or commercial uses will require approval through the planned unit development process (PUD). Section 250-31 PC-1 Low Intensity Non-Residential Minimum NMED lot size standards, if applicable Minimum lot width 60 feet Minimum lot depth 70 feet Minimum setbacks Front 30 feet Rear 20 feet (10 feet between buildings) Side 10 feet (Setbacks for loading facilities from railroad tracks or airport taxiways may be reduced to 0 feet.) Maximum building 5,000 square feet of total gross floor area size Maximum height 40 feet Accessory buildings See Article IX, 250-82. Private access driveway Street access Off-street parking Erosion control Landscaping and buffering Driveways may not exceed 150 feet in length without an approved turnaround unless reviewed and approved by the County Fire Marshal; 25 feet of driveway width for nondedicated streets or driveways within a lot for two-way traffic and 20 feet for one-way traffic. 50-foot-wide right-of-way or easement with 24 feet of improved roadway See Article IX, 205-88 et seq. See Chapter 172, Erosion Control; may require compliance with NPDES per the EPA. See Article V, 250-35. March 24, 2016/ Case # CV16-001/Oakley Page 4 of 20
Ponding requirements Must comply with Chapter 157, Design Standards, and the design standards as amended for one-hundred-year flood Lighting See Article IX, 250-87 Signs See Article IX, 250-88 Site plan See Article II, 250-14 Permitted uses See Article XI, Performance District Land Use AGENCY REVIEW COMMENTS DAC Engineering Department: No Comments. DAC Flood Commission: 1. Pursuant to FEMA Flood Insurance Rate Map (FIRM) No. 35013C0925 E, the subject property is located within a FEMA Special Flood Hazard Area. The subject property is located within Flood Zone A, areas with no base flood elevations determined. 2. Drainage runoff, as a result of increase to impervious area shall be maintained on property. DAC Fire Marshal: 1. Variance Approved only. Any future structures will be required to meet all the fire code requirements. DAC Building Services: 1. All building permits shall be obtained prior to construction. DASO Codes: Approved, no violations observed. County Rural Addressing: No Comments. STAFF ANALYSIS The being duly appointed shall receive, hear and make final determination on all Variance applications, subject to the procedures established within the County Code. A variance shall not be granted unless the variance is found to meet the requirements of Article 2 Section 250-18.E of the Code. 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. March 24, 2016/ Case # CV16-001/Oakley Page 5 of 20
W. Provencio Road is a 30 county maintained paved ROW with approximately 18-20 of improved roadway. The Low Intensity Non-Residential Land Use requires a 50 ROW and 24 of improved roadway to operate the winery. The applicant submitted a Site Threshold Assessment (STA) where it calculated 10 trips for entering and 6 trips for exiting during PM peak hours. The STA also mentions that W. Provencio is a rural road that basically functions as a cul-de-sac with 9 single family residences and a small mobile home park of 8 units. The proposed winery will be 1,500 sq. ft. 750 sq. ft. will be dedicated to the winery and 750 sq. ft. to the tasting room. The vineyard will have 1,200 grape vines. The tasting room will be open Friday, Saturday and Sunday from 12:00pm-5:30pm and will be limited to five (5) seats per the approved septic permit. There are no records of other Variance requests for this property or within the area of notification. The applicant states the following: Reason for Variance The vineyards are located on W. Provencio Road, which is built as a 20 wide paved road in a 30 wide ROW. Except for the small mobile home park at the east end of W. Provencio Road all lots are large and agricultural averaging over 4 acres in size. The result is very low volume traffic on the road. Hardship Vineyards on the subject property produce grapes, which are picked and processed into wine. Direct sales of that wine to the general public is required for a small winery to be profitable. The small tasting room will not produce substantial traffic and actually will eliminate large truck traffic. Obtaining ROW to widen W. Provencio Road is not possible. Widening the road would detract from the rural character and is not needed. The proposed Variance request has met the requirements of the Code for public notification. The Variance application went through all the appropriate agency reviews. The applicant has demonstrated a physical hardship resulting from the size, shape, existing structures, or topographical or other physical conditions on the site or in the area of notice that prevents the applicant from meeting the required road standards. FINDINGS: 1. The request of this application is consistent with the following requirements of the Doña Ana County Land Use Regulations & Zoning Ordinance Section 250-17.C, regarding Applications and Hearing Procedures for Variances. 2. All notification and notice requirements have been met per Section 250-17.C. of the Ordinance. March 24, 2016/ Case # CV16-001/Oakley Page 6 of 20
3. The property is outside of any incorporated municipal zoning authority and the Las Cruces Extra-Territorial Zone, and is within Doña Ana County. 4. The Doña Ana County Planning & Zoning Commission has jurisdiction to review this application. 5. The Variance request has met the following evaluation criteria under Article 2 Section 250-18.E of the Code: 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. The proposed roadway will not be detrimental to the public health, safety and welfare or be materially injurious to property improvements in the area. Adding 10 trips for entering and 6 trips for exiting during PM peak hours on W. Provencio Road, a County Maintained paved road will not be detrimental to the public health, safety and welfare. 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. Improving 1400 linear feet of a paved county maintained road and obtaining additional ROW will create extraordinary economic hardship to the applicant. Granting the Variance will uphold the spirit and intent of this Ordinance and accomplish substantial justice. Granting of the Variance will uphold the spirit and intent of the Code Article I Section 250-2. This Chapter is intended to create orderly harmonious, economically sound development to promote the health, safety and welfare of the citizens. Approval of the Variance will allow the property owner to pursue a Low Intensity Non Residential Land Use to construct a 1,500 sq. ft. building for a winery/tasting room and vineyard that will seat 5 people on a 4.14-acre parcel and will promote agri-tourism and small business development. STAFF RECOMMENDATION: Staff recommends Approval of Case No. CV16-002 based on the findings and the evaluation criteria under Article 2 Section 250-18.E of the Code. P&Z OPTIONS 1. The P&Z can approve the request as submitted. 2. The P&Z can deny the request as submitted. 3. The P&Z can approve the request with conditions to minimize any adverse effects the variance might otherwise have on property within the area of notification or on the County generally. March 24, 2016/ Case # CV16-001/Oakley Page 7 of 20
APPLICANT S STATEMENT March 24, 2016/ Case # CV16-001/Oakley Page 8 of 20
SITE THRESHOLD ASSESSMENT (STA) March 24, 2016/ Case # CV16-001/Oakley Page 9 of 20
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SITE PLAN March 24, 2016/ Case # CV16-001/Oakley Page 13 of 20
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