SPECIAL USE PERMIT EXTRA-TERRITORIAL ZONING COMMISSION DOÑA ANA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT Doña Ana County Government Complex 845 N. Motel Blvd., Las Cruces, New Mexico 88007 Office: (575) 647-7250 MEETING DATE: June 21, 2012 CASE #: REQUEST: SU12-006/Lucero A Special Use Permit and a Variance to setbacks. PURPOSE: To construct a 75 monopole cell tower. PROPERTY OWNER: APPLICANT: LOCATION: Miguel & Lupe Lucero Miguel Lucero, Les Gutierrez, Agent 6015 Las Alturas Dr. LEGAL DESCRIPTION: Recorded February 24, 2005, in Book 588, Pages 820-821, in the DAC Clerk s Office. EXISTING ZONING: PROPERTY SIZE: EC1 8.8 acres MAP CODE: 4-010-139-365-245 RECOMMENDATION: CASE MANAGER: CONDITIONAL APPROVAL Steve Meadows REPORT CONTENTS: (1) Summary, (2) Applicable Policies and Ordinances, (3) Staff Analysis, (4) Site Plan and Supporting Documents, (5) GIS Information and Maps (6) Public Correspondence Extra-territorial Zoning Commission June 21, 2012 Page 1 of 23
BACKGROUND Existing Conditions and Zoning: SITE ZONING LAND USE North ER 3M (Residential, 1-acre min. new lot size, single family site-built Residential uses and mobile homes) North EI2 (General Industrial, 5,000 sq. ft. min. lot size) Residential uses South EI1 (Light Industrial, 5,000 sq. ft. min. lot size) Vacant land East West ER3M (Residential, 1-acre min. new lot size, single family site-built and Residential uses mobile homes) Transportation Corridor (I-10/I-25 Interchange) Interstate 10 & Interstate 25 The Request: CASE # SU12-006: The subject property is a level, 8.8-acre, commercially developed property located east of I-25. The subject property is the site of a commercial woodyard and building/landscaping materials business (Quality Firewood & Materials, Inc.). Verizon Wireless/Tectonic Engineering seeks to improve cell telephone coverage and reception for their customers by erecting a 75 tall cell tower. The 40 X 40 leased site will contain a 12 X 20 (240 sq. ft.) equipment shelter, a diesel generator and fuel tank for emergency power, in addition to the tower (See page 11). The site will be enclosed with an 8 Coyote Fence, to blend into the surroundings. Access will be from Sunny Lane, a local road, via an access easement. The applicant is also asking for a Variance of 46.5 ft. from the required two-to-one setback of 150 ft., resulting in a setback of 103.5 ft. APPLICABLE REGULATIONS Las Cruces Extra-territorial Zoning Ordinance, No. 88-02, as amended 2.1.D Evaluation Criteria: The Planning Director and ETZ Commission may use the following general criteria when reviewing Special Use Permits and Zoning Applications. The ETZ Commission shall have the authority to require additional specific information on any of the following criteria Article II, Section 2.1.D/Evaluation Criteria. Unless additional justification is presented, the fact that there is an existing legal nonconforming use shall not be considered sufficient grounds for a zone change in order to bring that use into conformity. Extra-territorial Zoning Commission June 21, 2012 Page 2 of 23
2.1.D.1 2.1.D.2 2.1.D.3 2.1.D.4 2.1.D.5 2.1.D.6 2.1.D.7 2.1.D.8 2.1.D.9 Determination of potential number of homes, population and population demographics. Determination of potential traffic flows (average daily traffic) and where they will impact the transportation system. Determination of need for new commercial activity. Determination of potential water and sewage needs. Evaluation of existing infrastructure capacities and an analysis of the ability of the existing system to accommodate the new development. The difference between capacity and impact should be stated. Those areas which are appropriate for the developer to underwrite should be negotiated between local government and developer. The ETZ should reserve the right to place appropriate zoning categories on environmentally sensitive areas, areas of historical significance or areas which contain endangered or rare species of animal or plant life. Any analysis required should be undertaken and paid for by the developer and verified by the ETZ Commission. Determination of impact of a proposed zone change on surrounding properties. 2.3.B GRANTING VARIANCES A variance may be granted by the Extra-territorial Authority if it concludes that strict enforcement of the Ordinance would result in practical difficulties or unnecessary physical hardships for the applicant resulting from size, shape or existing structures thereon, or from topographic or physical conditions on the site or in the immediate vicinity, and that by granting the variance, the spirit of this Code will be observed, public safety and welfare secured and substantial justice done. Cost and inconvenience to the applicant of strict or literal compliance with the regulation may be given consideration, but shall not be the sole reason for granting a variance. Variances will be considered in the following cases: 1. Height, yard, setback, lot area, site coverage and gross floor area requirements of this Code; 2. Parking and loading requirements of this Code; 3. Sign and fence requirements of this Code; 4. Limitations stated for minimum distances permitted; 5. Strict application of the terms of this Code relating to the use, construction or alteration of buildings and/or signs. 2.3.C REQUIRED FINDINGS Before recommending or granting a variance, the ETZ Authority shall make the following findings: 1. Granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties with three hundred fifty (350) feet and also in the same land use district. 2. Granting of the variance will not be detrimental to the public health, safety, welfare or be materially injurious to properties or improvements in the vicinity. 3. Strict or literal interpretation and enforcement of the specified performance standard or regulation would result in unnecessary physical hardship inconsistent with the purposes of this Code. Extra-territorial Zoning Commission June 21, 2012 Page 3 of 23
Section 3.3.B 3.3.B.1 SPECIAL USE PERMITS (SUP s) GENERAL PROVISIONS AND PROCEDURES A special use is a use which is not permitted by right in a zoning district. A special use requires review and approval by the ETZ Commission to determine impacts on the surrounding area. The procedures for such approval are as follows: 3.3.B.2 APPLICATION PROCEDURE Applications for a Special Use Permit shall be obtained from the Doña Ana County Planning Division. There shall be a comprehensive statement included with each application indicating, in detail, the reason for the request, the purpose and use of the property, all improvements to be made and a site plan including the following: a. location of existing and proposed structures, including dimensions and setbacks b. existing and proposed vehicular circulation systems, including parking area, storage areas, service areas, loading areas and major points of access, including street pavement width and right-of-way c. location and treatment of open spaces including landscaping plan and schedule d. lighting e. signs A drainage facilities plan or environmental impact statement may be required by the ETZ Commission. 3.3.B.3 PUBLIC HEARING AND NOTICE PROCEDURE A public hearing shall be held by the ETZ Commission for all Special Use Permits in accordance with the provisions of Section 2.1.G of this Ordinance. 3.3.B.4 REVIEW AND APPROVAL PROCEDURE The ETZ Commission may deny such SUP s or may grant final approval in accordance with certain conditions, with right of appeal to the ETZ Authority in accordance with the provisions of Section 3.1. Approval may also be granted with additional conditions imposed which are deemed necessary to insure that the purpose and intent of this Ordinance is met and to protect and provide safeguards for persons and property in the vicinity. Variances in the dimensional requirements for a special use may be granted by the ETZ Commission in accordance with the criteria in Section 2.3.B of this Ordinance. 3.3.B.5 TIME LIMITATIONS, REVOCATIONS AND DEVELOPMENT STANDARDS In addition to the imposition of conditions, the ETZ Commission may impose a time limitation on the SUP. If a special use is discontinued for a period of one (1) year, said permit shall automatically expire. All improvements shall be in accord with the development standards within the district, except as otherwise authorized by the SUP. There shall be no major revisions in the site plan of the original approved special use Extra-territorial Zoning Commission June 21, 2012 Page 4 of 23
except as approved by the ETZ Commission. Minor revisions to a site plan, following final approval, may be subsequently approved by the planning staff without a public hearing. Major revisions to the plan are subject to a regular public hearing with the same requirements as an original application. 3.3.B.5.a Major revisions shall include, but are not limited to, the following: 1. any change in land use or intensity 2. modifications of vehicular traffic volumes or circulation 3. increase in size of property or change in location or configuration of structures 3.3.B.5.b Minor changes that planning staff may approve are as follows: 1. provision of additional parking or landscaping 2. minor adjustment to parking, landscaping, lighting or signs 3. superficial changes to structures or slight variations in dimensions Special Use Permits shall be eligible for renewal when limitations expire. 3.3.B.6 RECORDING OF THE SPECIAL USE PERMIT After approval, the Special Use Permit shall be issued by the Planning Director or his/her designee and shall include all information, conditions, reference to site plans and other provisions of the special use. The special uses, as granted, shall be shown on a Special Use Permit map indicating its location with a designation of SU and the year of expiration. Special uses shall not be considered a zone change. 4.2.E HEIGHT EXCEPTIONS 4.2.E.2 ANTENNAS AND ANTENNA SUPPORTING STRUCTURES FOR TRANSMISSION OR RECEPTION OF RADIO SIGNALS 4.2.E.2.b Commercial Towers in Residential Zones- Any commercial tower to be located in residential zones shall only be allowed in ER1, ER1M, ER2, ER2M, ER3, ER3M, ER3H and EC1 zoning districts through approval of a Special Use Permit. Commercial towers in residential districts and neighborhood commercial districts shall meet the following criteria: 1. Monopole type only 2. Height shall be limited to that height which is determined by a two-to-one setback from all property lines up to a maximum total tower height of seventy-five (75) feet 3. Approval of a site plan by the Dona Ana County Planning Department prior to new construction or modification of an existing structure. 2.1.D CRITERIA AND RESPONSES The Planning Director and ETZ Commission may use the following general criteria when reviewing Special Use Permits and Zoning Applications. The ETZ Commission shall have the authority to require additional specific information on any of the following criteria Article II, Section 2.1.D/Evaluation Criteria (Applicant s answers in italics; staff response in bold): 2.1.D.1 Determination of the number of homes, population, and population demographics. Extra-territorial Zoning Commission June 21, 2012 Page 5 of 23
N/A. This request is not for a residential purpose. 2.1.D.2 Determination of potential traffic flows (average daily traffic) and where they will impact the transportation system. Very little traffic, only during the initial construction and thereafter once every two months for site visit. Traffic impact at this site will be minimal with approximately 6 scheduled site visits per year after the initial construction is completed. 2.1.D.3 Determination of need for new commercial activity. Verizon needs this site for capacity and coverage. The applicant is attempting to accomplish its coverage goals with the placement of this wireless facility at this location. 2.1.D.4 Determination of potential water and sewage needs. No requirement for water and sewer. The site does not need water or sewer to be available for this type of use. 2.1.D.5 Evaluation of existing infrastructure capacities and an analysis of the ability of the existing system to accommodate the new development. Verizon has determined that this location is required for current and future capacity service. Verizon s cell tower capacity will be augmented with this new site for current and future voice and data service capacity. Sunny Lane will be utilized for access to the site and NMDOT submitted no negative comments or requested any improvements. 2.1.D.6 The difference between capacity and impact should be stated. Those areas that are appropriate for the developer to underwrite should be negotiated between local government and developer. N/A There were no improvements to the local infrastructure recommended by reviewing agencies. 2.1.D.7 The ETZ should reserve the right to place appropriate zoning categories on environmentally sensitive areas, areas of historical significance, or areas on which contain endangered or rare species of animal or plant life. No issues in this area. No known environmentally sensitive areas, areas of historical significance or rare or endangered species at the site. 2.1.D.8 Any analysis required should be undertaken and paid for by the developer and verified by the ETZ Commission. Applicant will pay all fees associated with this application. Applicant has paid all fees as required. 2.1.D.9 Determination of impact of a proposed zone change on surrounding properties. If this project is approve, both users including public safety will have better coverage in this area. Site will be designed with a slight visual impact& minor traffic issues. No adverse affects to the surrounding properties are anticipated from this project. Traffic impact will be minimal, the tower and site will be designed for potential future co-location of additional carriers reducing the future visual impact to the area. Antennas and pole will be painted desert tan and an eight (8) foot Coyote fence will be installed around the site. No water or sewer will be required. AGENCY COMMENTS DAC Engineering: 1) Provide a Grading and Drainage Plan. Pond must contain 125% of required volume. 2) A SWPPP may be required if total area of disturbance is greater than Extra-territorial Zoning Commission June 21, 2012 Page 6 of 23
5,000 s. f. 3) Provide recorded information for the access easement by Building Permit issuance. 4) Access shall be a minimum of 25 in width. 2 nd Review: Provide recorded information for the access easement by Building Permit issuance. DAC Flood Commission: 1) Pursuant to FEMA Flood Insurance Rate Map (FIRM) No. 35013C0634 E. the subject property found not to be within a FEMA Special Flood Hazard Area. 2) Please be aware that the property is still susceptible to localized flooding despite NOT being identified within a FEMA Special Flood Hazard Area. 3) On-lot ponding shall be required for all increases to impervious areas. 4) A Drainage Maintenance Agreement shall be warranted for on-lot drainage ponding pursuant to Section 4, Dona Ana County Development Design Standards Ordinance No. 236-08. One is attached for your signature. DAC Codes: Per our database this address comes up clear. DAC Fire Marshal: Cell tower approved. All structures constructed will be required to comply with the fire code. DASO Codes: No violations. DAC Building Services: A building permit is required and must meet all County, State, and code requirements. The permit has not been applied for. DAC Rural Addressing: No comments. NMED: No comments. NMDOT: Access off of Las Alturas requires an access permit from the NMDOT Office in Deming, NM. 2 nd Review: After reviewing the material and since access is off of Sunny Lane and not Las Alturas, NMDOT has no concerns with this development. CLC MPO: Sunny Lane is a local road, Las Alturas is a minor arterial. CLC Planning Dept: If property were annexed into the City: The proposed monopole would not be in conformance with Zoning Code regarding height, design criteria, etc. Portions of lots may have to be consolidated to comply with City policy. EBID: EBID has no objections to this variance. OSE: No comments received. PUBLIC NOTICE / NOTIFICATION Eighteen (18) letters of notification were sent out to surrounding property owners. No correspondence in support or opposition was received by June 14, 2012. Legal Notification was posted in the Las Cruces Sun News on Sunday, June 3, 2012. Signs were posted on the property in a timely manner. Agenda was posted on County Web Site. Extra-territorial Zoning Commission June 21, 2012 Page 7 of 23
STAFF ANALYSIS The applicant, Miguel Lucero, Les Gutierrez of Tectonic Engineering, agent, is requesting a Special Use Permit for a cell tower on a 40 X 40 site within a 8.8-acre parcel zoned EC1 (Neighborhood Commercial, 5-acre maximum new lot size, limited retail and service establishments) per Article IV, Section 4.2.E.2.b of the ETZ Ordinance. The applicant seeks to ensure that voice and data traffic will continue for the local residents, I-25 & I-10 traffic and E911 and Public Safety users in the area. The applicant also seeks a Variance from the required, per Section 4.2.E.2.b, two-to-one setback of 150 feet to 103.5 feet. Section 3.3.B.4 (See Page 4) allows the ETZ Commission to grant Variances to dimensional requirements in accordance with the criteria in Section 2.3.B (See Page 3) of the Ordinance. The applicant has supplied his responses addressing the elements of the 2.1.D Evaluation Criteria for the Special Use Permit (See Page 15). There will be no increase in housing or population density, no significant impact to traffic, traffic flows, water or sewage needs, and no impact on environmentally sensitive areas or historic properties. The applicant also states that the existing infrastructure can accommodate the proposal and the proposed use will have no significant impact to the surrounding properties. Staff concurs with these responses which can be found on Pages 5 & 6 of this report. The proposal meets 2 of the 3 standards of Section 4.2.E.2.b of the ETZ Ordinance. 1) It is a monopole type structure that does not exceed 75 in height, and 2) with the approval of this SUP for the construction and installation of the facility, the DAC Planning Department will issue the appropriate permits as required. However, the proposal does not meet the two-toone setback requirement for cell towers within an EC1 or residential zone. The site plan indicates the cell tower will be placed 103.5 feet from the southern property line. The Ordinance requires a two-to-one setback (150 feet) for cell towers within any residentially zoned property or property zoned EC1. The applicant is requesting a Variance of 46.5 feet from the 150 foot requirement resulting in a setback of 103.5 feet. Section 3.3.B.4 (See Page 4) allows the ETZ Commission to grant Variances to dimensional requirements in accordance with the criteria in Section 2.3.B of the Ordinance. The first finding, in Section 2.3.C Required Findings (See Page 3) that must be made by the ETZ Commission to grant the Variance is: Granting the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties within three hundred fifty (350) feet and also within the same land use district. The applicant s response to the Variance Criteria of Section 2.3.C (See Page 3) asserts that since there have been no towers proposed or constructed in the area and no Variances granted, to his knowledge, in the area so it would not be considered a special privilege. Staff did not locate any Variances within 350 feet or within the same EC1 Zoning District as the subject parcel. The second finding to grant a Variance is: Granting the Variance will not be detrimental to the public health, safety, welfare or be materially injurious to properties or improvements in the vicinity. The applicant states he will procure all appropriate building permits and he also states the tower is designed to withstand 140 mph winds. The applicant will be required to follow all rules and regulations contained within the Ordinances governing any development to the property that are in place to ensure the public health, safety, welfare. No correspondence has been received from the neighborhood asserting that it would be materially injurious to their properties or improvements in the vicinity. Extra-territorial Zoning Commission June 21, 2012 Page 8 of 23
Finally, to grant a Variance the ETZ Commission must make a third finding that: Strict or literal interpretation and enforcement of the specified performance standard or regulation would result in unnecessary physical hardship inconsistent with the purposes of this code. The applicant states that if he is required to place the tower to meet the setback standard, an unnecessary physical hardship would ensue because the new facility would be centered in the middle of the subject property and impede any planned future re-development of the tract. The existing business, Quality Firewood and Materials, Inc., would be hampered by the facility located in the middle of the existing materials storage yard constituting an unnecessary physical hardship inconsistent with the purposes of the code. Staff believes that the additional 46.5 feet would not be detrimental and the proposed cell tower could be moved the additional distance to meet the 150 required setback per the Ordinance. (See Page 18) PROPOSED FINDINGS 1. The request of this application is consistent with the requirements of the Las Cruces Extra-territorial Zoning Ordinance Article II, Section 2.1.C/Application Procedures and Section 2.1.G/Public Hearing and Notice Requirements. 2. The subject property is located outside the corporate limits of the City of Las Cruces, but within the five-mile Extra-territorial Zone (ETZ) as set forth by 3-19-5(1), NMSA 1978 and the Joint Powers Agreement between Doña Ana County and the City of Las Cruces. Therefore, the Las Cruces ETZ Commission (ETZC) has jurisdiction to review this case. 3. A Special Use Permit is required within the EC1 Zoning District for Commercial Towers in Residential Zones per Article IV, Section 4.2.E.2.b of the ETZ Ordinance 88-02, as amended. 4. The SUP request is located on property within the EC1 Zoning District. 5. The Evaluation Criteria of Section 2.1.D has been met. 6. The application has not met the all three Required Findings criteria for granting Variances within Section 2.3.C. 7. By granting the Variance to the cell tower setback requirement, all of the Section 4.2.E.2.b requirements would be met. 8. The proposed cell tower will be configured to accommodate additional carriers and technology and will have co-location capabilities. STAFF RECOMMENDATION The applicants proposal meets the requirements of the ETZ Ordinance Section 2.1.D Evaluation Criteria, and the applicable sections of the Ordinance outlined in the Findings section below and staff recommends CONDITIONAL APPROVAL of Special Use Permit Request with the following conditions: 1) Applicant will relocate the proposed cell tower to meet the 150 setback requirement. 2) Applicant shall provide a description and/or the recorded information for a 25 access easement, by the time of a building permit issuance by DAC. Extra-territorial Zoning Commission June 21, 2012 Page 9 of 23
Proposed Site Plan Extra-territorial Zoning Commission June 21, 2012 Page 10 of 23
Detailed Site Plan Extra-territorial Zoning Commission June 21, 2012 Page 11 of 23
Cell Tower Details Extra-territorial Zoning Commission June 21, 2012 Page 12 of 23
Applicant s Narrative Extra-territorial Zoning Commission June 21, 2012 Page 13 of 23
Variance Distance Clarification Extra-territorial Zoning Commission June 21, 2012 Page 14 of 23
2.1.D Evaluation Criteria Answers Extra-territorial Zoning Commission June 21, 2012 Page 15 of 23
2.3.C Variance Criteria Answers Extra-territorial Zoning Commission June 21, 2012 Page 16 of 23
2.3.C Variance Criteria Answers (cont.) Extra-territorial Zoning Commission June 21, 2012 Page 17 of 23
Approximate 150 Setback Location Extra-territorial Zoning Commission June 21, 2012 Page 18 of 23
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Area of Notification List Extra-territorial Zoning Commission June 21, 2012 Page 23 of 23