PLANNING AND ZONING COMMISSION ZONE CHANGE

PLANNING AND ZONING COMMISSION ZONE CHANGE 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: July 12, 2013 CASE NO: REQUEST: PURPOSE: PROPERTY OWNERS/ APPLICANTS: LOCATION: EXISTING ZONING: AFFECTED PROPERTY SIZE: RECOMMENDATION: CASE MANAGER: CZ13-001/ Cazares A Zone Change from CR-1 (Community Residential: Single Family Residential) to CC-1 (Community Commercial: Neighborhood Commercial). To expand the existing La Finca Meat Market. BMN Enterprises, Inc. Jorge Cazares 199 La Fe Avenue in Vado, NM CR-1 (Community Residential: Single Family Residential) Part of Lot 17 in Del Cerro Estates Plat # 2, 1.52-acres Approval Albert Casillas, Planner REPORT CONTENTS: (1) Case Analysis and Staff Recommendation. (2) Supporting Documents (3) GIS Information and Maps. (4) Petition in Favor July 11, 2013/ Case # CZ13-001 Page 1 of 40

SURROUNDING ZONING AND LAND USE SITE ZONING LAND USE North CR-1 Residential Uses, Church South CR-1/CR-1M Community Building (PDNR 96-001), Water Tower East N/A I-10 West CR-1 Residential Uses BACKGROUND The Request: The applicant is requesting a Zone Change from Community Residential: Single Family Residential (CR-1) to Community Commercial: Neighborhood Commercial (CC-1) in order to expand the existing La Finca Meat Market. The CR-1 classification is intended as a residential zone for single-family site-built homes only in the Community District, and related uses necessary to serve residential areas. One dwelling unit per lot is allowed. The CC-1 classification is intended to establish a zone for neighborhood commercial activities and small-scale freestanding businesses. Other uses allowed under CC-1 include: Veterinary Clinics, Auto Related Repair and Services, Bakeries, Banks, Laundries, Greenhouses, Mini-Storage Units, Pet Grooming, Restaurants and Retail Sales. Existing Conditions & Zoning: The subject property is within the Village and Community District of Vado-Del Cerro. On July 27, 2006, the Board of County Commissioners designated Vado-Del Cerro, NM as a Village and Community District. Adoption of the District created mapped zoning for the Vado and Del Cerro Communities. Each property was assigned a different Zoning Classification. Section 250-60 of the Code states The Village District is intended to identify the boundary of a small historic platted town site that has a development pattern of lots smaller than one-half (1/2) acre. A Village may include: residential areas, churches, small scale commercial, and community services such as schools, fire stations, and water services. Section 250-41 states The Community District designation implements Comprehensive Plan policies that recognize that rapidly urbanizing areas of the County require more direction for land use than rural areas. Criteria for establishing the Community District July 11, 2013/ Case # CZ13-001 Page 2 of 40

shall include: A platted subdivision with lots less than five acres; the availability of community water or sewer; and commercial or industrial buildings or uses. In April 24, 1984, the Doña Ana County granted a Special Use Permit (SUP84-027) for a grocery store on the subject parcel. Staff believes that during the Vado-Del Cerro Districting project, the property was inappropriately issued a CR-1 classification. Per the County Assessor s records, the existing structure was built in 1985 and is assessed as commercial property. There is residential development surrounding the property and Interstate 10 is located immediately east of the property. A community center and water towers owned by Lower Rio Grande Public Water Works Authority are located south of the Property. Water is provided by Lower Rio Grande PWWA and Sewer is provided by Doña Ana County Utilities. Access to the property is from La Fe Avenue, a County maintained road. The property can be identified as part of Lot 17 in Block 2 of the Del Cerro Estates Plat # 2, as originally platted and recorded on April 23, 1975 in Plat Record 12, Page 12 in the Doña Ana County Clerk s Office. The parcel can be further identified by Map Code No. 4-015-147-070-101. It is recorded in the Office of the Doña Ana County Clerk under Instrument # 1111660 on May 13, 2011. APPLICABLE PLANS, POLICIES, CRITERIA AND CASE LAW FOR APPROVAL DOÑA ANA COUNTY COMPREHENSIVE PLAN 1995-2015 MILLER CRITERIA The Supreme Court of New Mexico, Miller versus Albuquerque, September 9, 1976, stated: The fundamental justification for an amendatory or repealing zoning ordinance is a change of conditions making the amendment or repeal reasonably necessary to protect the public interest. Also, a zoning amendment may cover and perfect previous defective ordinances or correct mistakes or injustices therein. SPOT ZONE Spot Zoning (Bennett v. City Council For City of Las Cruces, 1999-NMCA-15, 126 N.M. 619) is determined on an ad hoc basis, considering: 1) the disharmony with the surrounding area; 2) the size of the area rezoned; and 3) the benefit of the rezoning to the community or the owner of the parcel. DOÑA ANA COUNTY CODE CHAPTER 250: LAND USE AND ZONING ARTICLE 2 ADMINISTRATIVE RESPONSIBILITIES 250-12. Community Development Department. The Community Development Department (CDD) shall consist of the CDD Director as its executive head and those employees of Doña Ana County under his/her supervision July 11, 2013/ Case # CZ13-001 Page 3 of 40

and direction. The CDD Director shall act as Zoning Administrator or appoint a Zoning Administrator to administer the provisions of this chapter, and in addition thereto and in furtherance of its authority, the CDD Director shall: C. Receive, review, analyze, file and bring to the P&Z applications for zone changes, variances, planned unit developments, special use permits, high-intensity residential uses and site plans for its review and disposition in accordance with the provisions of this chapter. 250-15. (P&Z). B. The being duly appointed shall: (3) Receive, hear and make recommendations to the County Commission on approval or denial of zone change requests. 250-17. Application and hearing procedures; fees; appeals. C. Public hearing notice requirements. This chapter, its amendments, zone changes, planned unit development permits, special use permits, high-intensity residential 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 calendar days on the subject property in a conspicuous location, to notify adjacent property owners and passersby of the proposed land use request. Notice of the time and place of the public hearing shall be published at least 15 calendar 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 Planning and Zoning Commission, 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, special use permit, high-intensity residential 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-hundredfoot 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. 250-19. Zone changes. A. Generally. The may, from time to time, recommend changing the zoning classification of parcels of land within a zoning district. These changes in zoning classification shall be for the purpose of meeting the land use needs of the residents of the County and shall conform to the intent of the Comprehensive Plan. Zone changes may be initiated by the County Commission,, Community Development Department, or by application of any person or party owning property to be considered for a zone change. July 11, 2013/ Case # CZ13-001 Page 4 of 40

B. Application for a zone change. An applicant for a zone change shall complete and submit the approved application form in accordance with the procedures established herein. The applicant shall be the property owner, have some controlling interest in the property, or have the written consent and signature of the property owner. In addition, the application shall include the following information: (1) The legal description and address of the property for the zone change. (2) The property's present and proposed zoning classification. (3) The reasons for requesting the zone change. (4) A general site plan showing arrangement of uses proposed and the relationship of the uses to abutting streets and properties. The general site plan is for information only and is not intended to be used in approval of subsequent building plans, unless required by the at the hearing. C. Public hearing. No zone change shall be approved until a public hearing has been held thereon by the and Board of County Commissioners in accordance with the procedures established herein ( 250-17C). D. 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 Doña Ana County; One Valley, One Vision 2040 Regional Plan; and all sub-area and Master Plans as adopted by the Board of County Commissioners 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 Zoning Administrator within 30 calendar days after the Planning and Zoning Commission's decision, and shall state the error or errors in the decision of the. E. Limitations, amendments, and revisions. The may recommend approval or denial of a request for a zone change, or table it for not more than one regularly scheduled P&Z meeting, or for a period of time specified at the public hearing. F. Final approval or denial. The Board of County Commissioners at a public hearing shall make final approval or denial of a zone change request. G. Zoning Map. Upon approval of the Board of County Commissioners, the new zoning classification shall be recorded on the official zoning maps of the County. July 11, 2013/ Case # CZ13-001 Page 5 of 40

H. Appeal. Appeal of a decision by the Board of County Commissioners to approve or deny a zone change request must be filed by the affected party with the District Court within 30 days of the date of the decision. Article VI Community District 250-48. CR-1 Community Residential: Single-Family Residential. A. The CR-1 classification is intended as a residential zone for single-family site-built homes only in the Community District, and related uses necessary to serve residential areas. CR-1 Community Residential: Single-Family Residential Maximum number of dwellings Minimum lot size Minimum lot width Minimum lot depth 1 dwelling unit per lot 6,000 square feet; or NMED standards 60 feet 70 feet Minimum setbacks Front yard 25 feet 1 Rear yard Side yard Maximum height Accessory buildings Private access driveway Street access 25 feet 5 feet 35 feet See Article IX, 250-82. 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. Legal nonconforming lots may be developed with existing and improved access. 50-foot-wide right-of-way or easement with 24 feet of improved July 11, 2013/ Case # CZ13-001 Page 6 of 40

CR-1 Community Residential: Single-Family Residential roadway Off-street parking Erosion control Landscaping and buffering Ponding requirements Signs Site plan Permitted uses See Article X. See Chapter 172, Erosion Control; may require compliance with NPDES per the EPA. Not applicable Must comply with Chapter 157, Design Standards, and the design standards as amended for one-hundred-year flood Not applicable Required See Article XI, Land Use Classification Matrix. 250-53. CC-1 Community Commercial: Neighborhood Commercial. A. The CC-1 classification is intended to establish a zone for neighborhood commercial activities and small-scale freestanding businesses. CC-1 Community Commercial: Neighborhood Commercial Minimum lot size Minimum lot width NMED standards, if applicable 60 feet Minimum lot depth 70 feet Minimum setbacks Front Rear Side Maximum height Accessory buildings Private access 25 feet 15 feet 7 feet 40 feet See Article IX, 250-82. See Design Development Standards. July 11, 2013/ Case # CZ13-001 Page 7 of 40

driveway CC-1 Community Commercial: Neighborhood Commercial Street access 50-foot-wide right-of-way or easement with 24 feet of improved roadway Off-street parking See Article X. Erosion control Landscaping and buffering Ponding requirements See Chapter 172, Erosion Control; may require compliance with NPDES per the EPA. See Article V. Must comply with Chapter 157, Design Standards, and the design standards as amended for onehundred-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, Land Use Classification Matrix, for detailed list. AGENCY REVIEW COMMENTS DAC Advance Planning: Comprehensive Plan Primary Goal Five: Adopt and Implement a Land Use Plan Develop a land use plan that maximizes the efficiency of existing and future infrastructure, community facilities, and services within the county. Site is currently used as commercial within a residential zone. This may promote mixed-use development in the future and thus efficient use of infrastructure. Encourage the development of urban centers to accommodate rapid growth. Use of this site as commercial within the existing residential zone may encourage more mixed-use development in Vado in the future. Maintain and protect residential areas from incompatible land uses. Uses as a meat market and neighborhood service center are compatible with adjacent residential. Promote and guide the development and location of commercial uses to balance economic growth and quality of life. Proposed development has the potential to improve quality of life for residents by lowering or eliminating commutes times to purchase food stuffs, etc. July 11, 2013/ Case # CZ13-001 Page 8 of 40

One Valley, One Vision: 2040 Regional Plan Land Use Goal 6-1-2: Provide a general form or pattern for the location, distribution, and characteristics of future land use within Doña Ana County to the year 2040. Proposed zoning change does not appear to conflict with the Community District approved for Vado. Goal 6-1-5: Guide development in a manner that will both protect the rights of private landowners and the interests of the public. Easy access to services and consumables is in the interest of the public. Goal 6-1-7: Encourage the development of communities with a mixture of land uses. Continuation and expansion of this commercial retail property encourages a mixing of uses. Economy Goal 6-10-1: Sustain and attract economic activities that play a vital role to the region in providing jobs, services, and adding to quality of life. Current use and proposed expansion has the potential to improve quality of life for the reasons stated previously and to create a handful of jobs in the area. DAC Engineering Department: 1. Landscaping and Buffering Plan will be required. Provide a landscaping breakdown. 2. All stormwater from all impervious areas must be contained within lot. Ponding shall contain 125% of required volume. 3. Refer to Article 2 Section 2.2 for Site Plan Requirements. 4. Follow CC-1 requirements within the Code. DAC Flood Commission: 1. Pursuant to FEMA Flood Insurance Rate Map (FIRM) No. 35013C0225 E, the subject property is within Flood Zone X (Areas determined to be outside 500- year floodplain) which is not a FEMA Special Flood Hazard Area (SFHA). 2. Site Plan will need to demonstrate how drainage runoff will be maintained within the subject property. DAC Utilities: We are billing for sewer at this service address. DAC Fire Marshal: No issues with Fire Code DAC Building Services: All permits shall be applied or issued prior to construction. DASO Codes: No Violations. County Rural Addressing: Approved. July 11, 2013/ Case # CZ13-001 Page 9 of 40

NOTICE / NOTIFICATION 33 letters of notification were sent out. Legal Notification was posted in the Las Cruces Sun-News on Sun, June 23, 2013. Signs were posted on the property. Agenda was posted on County Web Site. No letters in support or opposition were submitted by July 5, 2013. A petition in support was submitted by the applicant with various signatures on June 28, 2013. STAFF ANALYSIS The shall receive, hear and make recommendations to the County Commission on approval or denial of zone change requests, subject to the applicable Ordinances, Plans, Policies and Criteria listed within this analysis. The shall not recommend approval of a Zone Change request unless it finds the zone change: is in the public interest is in conformance with the goals of the Comprehensive Plan for Doña Ana County 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. The applicant is requesting a Zone Change from Community Residential: Single Family Residential (CR-1) to Community Commercial: Neighborhood Commercial (CC-1) in order to expand the existing La Finca Meat Market.The current zoning only allows sitebuilt homes. The applicant states the following for approval of the Zone Change: Does not understand why it has residential zoning when it is a business. Prior to purchasing the store, it had been there for 25 years with the previous owners. Trying to make a bigger store because they are having more customers every day. There is a community center, two churches and a park in front of the store. The new addition will include two tortilla machines and a prepaid center. Future plans include a real Mexican style tacos restaurant. The Zone Change request is in the public interest. The property is currently being used as commercial within a residential zone. This can promote mixed use development in the future and thus efficient use of existing infrastructure. The proposed development has the potential to improve quality of life for residents by lowering or eliminating commute times to purchase food items. July 11, 2013/ Case # CZ13-001 Page 10 of 40

The Zone Change is in conformance with the following goals and policies of the Comprehensive Plan and the One Valley, One Vision: 2040 Regional Plan: Comprehensive Plan: 1995-2015 Primary Goal Five: Adopt and Implement a Land Use Plan Develop a land use plan that maximizes the efficiency of existing and future infrastructure, community facilities, and services within the county. Encourage the development of urban centers to accommodate rapid growth. Maintain and protect residential areas from incompatible land uses. Promote and guide the development and location of commercial uses to balance economic growth and quality of life. One Valley, One Vision: 2040 Regional Plan Land Use Goal 6-1-2: Provide a general form or pattern for the location, distribution, and characteristics of future land use within Doña Ana County to the year 2040. Goal 6-1-5: Guide development in a manner that will both protect the rights of private landowners and the interests of the public. Goal 6-1-7: Encourage the development of communities with a mixture of land uses. Economy Goal 6-10-1: Sustain and attract economic activities that play a vital role to the region in providing jobs, services, and adding to quality of life. The zone change is consistent with the character of the surrounding area. On April 24, 1984, the Doña Ana County granted a Special Use Permit (SUP84-027) for a grocery store on the subject parcel. Per the County Assessor s records, the existing structure was built in 1985 and is assessed as commercial property. The subject parcel is surrounded to the east by Interstate 10 and to the north by a Church. There is a community center, park and water towers immediately south of the property. The property is located on the corner of a County and State maintained road. The proposed CC-1 zone would not introduce a type of residential land use (Neighborhood Commercial) that is not compatible with existing uses and would not constitute spot zoning. The site is currently being used as commercial within a residential zone. This may promote mixed-use development in the future and efficient use of existing infrastructure. CASE LAW Spot Zone Spot Zoning (Bennett v. City Council For City of Las Cruces, 1999-NMCA-15, 126 N.M. 619) is determined on an ad hoc basis, considering: the disharmony with the surrounding area; the size of the area rezoned; and the benefit of the rezoning to the community or the owner of the parcel. July 11, 2013/ Case # CZ13-001 Page 11 of 40

The proposed zone change would not be considered a spot zone per the 1999 Bennet ruling because the proposed meat market and neighborhood service center would not be disharmonious with the residential neighborhood. The Bennett court noted the smaller the property being re-zoned, the more likely the finding of spot zoning; while the larger the tract, the less inclined courts are to find spot zoning. Even though the property is 0.42-acres and zoned residential, is has been assessed as commercial property since the building was constructed in 1985. The zone change will allow the property owner to expand the existing business and potentially improve the quality of life for residents by lowering or eliminating commutes to purchase food items. Miller Criteria The Supreme Court of New Mexico, Miller versus City of Albuquerque, September 9, 1976, stated: The fundamental justification for an amendatory or repealing zoning ordinance is a change of conditions making the amendment or repeal reasonably necessary to protect the public interest. Also, a zoning amendment may cover and perfect previous defective ordinances or correct mistakes or injustices therein. The applicant has stated that they are seeking a zone change in order to expand the existing business and provide a better service to their customers. He also states that he does not understand why the property is zoned residential if the business has existed for more than 25 years. Even though the applicant has not provided a change of condition making the amendment reasonably necessary to protect the public interest, the applicant makes a case for the zoning amendment being necessary to correct a mistake or injustice. On July 27, 2006, the Board of County Commissioners designated Vado/Del Cerro, NM as a Village and Community District. Adoption of the Village and Community District created mapped zoning for the communities of Vado/Del Cerro. Before this designation was approved by the BOCC, a series of public input meetings, legal notification and work sessions took place to finalize the Village District. The collaboration between staff and residents of Vado/Del Cerro resulted in a final document that met the needs and expectations of those residents participating in the Village and Community District process. Letters were sent out to individual property owners notifying them of the proposed zoning on individual properties. It is unclear why the subject property was given a residential classification or why the owner at the time did not appeal the proposed zoning. STAFF RECOMMENDATION: The zone change is in the public interest, is in conformance with the goals of the Comprehensive Plan and is consistent with the character of the surrounding area; it meets the criteria established by NM Case law for approval of zone changes. In New Mexico, the primary justification for a zone change is spelled out in the Miller vs. City of Albuquerque ruling of 1976 which says the The fundamental justification for an amendatory or repealing zoning ordinance is a change of conditions making the amendment or repeal reasonably necessary to protect the public interest. Also, a zoning amendment may cover and perfect previous defective ordinances or correct mistakes or injustices therein. This is commonly known as the change or mistake July 11, 2013/ Case # CZ13-001 Page 12 of 40

rule which means there has been a change in the conditions in the area of the subject property sufficient to warrant a need to protect the public, or that there was a mistake in the original zoning. Staff recommends Approval of Case No. CZ12-001 based on Staff Analysis and the following proposed findings. FINDINGS: 1. The request of this application is consistent with the following requirements of the Doña Ana County Code, regarding Applications and Hearing Procedures for Zone Changes: Section 250-19.C. 2. All notification and notice requirements have been met per Section 250-17.C. of the Ordinance. 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 proposed Zone Change request meets the following goals, policies and actions of the Comprehensive Plan: Primary Goal Five: Adopt and Implement a Land Use Plan o Develop a land use plan that maximizes the efficiency of existing and future infrastructure, community facilities, and services within the county. o Encourage the development of urban centers to accommodate rapid growth. o Maintain and protect residential areas from incompatible land uses. o Promote and guide the development and location of commercial uses to balance economic growth and quality of life. 6. The proposed Zone Change request meets the following goals, policies and actions of the One Valley One Vision: 2040 Regional Plan: Land Use o Goal 6-1-2: Provide a general form or pattern for the location, distribution, and characteristics of future land use within Doña Ana County to the year 2040. o Goal 6-1-5: Guide development in a manner that will both protect the rights of private landowners and the interests of the public. o Goal 6-1-7: Encourage the development of communities with a mixture of land uses. Economy o Goal 6-10-1: Sustain and attract economic activities that play a vital role to the region in providing jobs, services, and adding to quality of life. 7. Per the 1999 Bennet Ruling, the proposed zone change is not considered a spot zone because the subject parcel is harmonious with the surrounding area. 8. There has not been a sufficient change in condition to justify a zone change in order to protect the public; However, staff believes that during the Vado-Del Cerro Districting project, the property was inappropriately given a CR-1 classification. July 11, 2013/ Case # CZ13-001 Page 13 of 40

9. The applicant has demonstrated that there was a mistake in the original zoning. In April 24, 1984, the Doña Ana County granted a Special Use Permit (SUP84-027) for a grocery store on the subject parcel. July 11, 2013/ Case # CZ13-001 Page 14 of 40

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