EXTRA TERRITORIAL ZONING COMMISSION CASE ANALYSIS. Baldemar Parra / Underwood Engineering, Inc. CASE NUMBER: Z REQUEST:

Transcription

1 DOÑA ANA COUNTY CASE # Z COMMUNITY PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT Building Planning GIS 845 North Motel Boulevard Las Cruces, New Mexico (575) Fax: (575) Toll Free: 1 (877) TTY: (575) EXTRA TERRITORIAL ZONING COMMISSION CASE ANALYSIS APPLICANT: Baldemar Parra / Underwood Engineering, Inc. CASE NUMBER: Z REQUEST: Zone Change from ER2 to EI1 LOCATION: North of the City of Las Cruces at 6455 Grape Vineyard Rd., Doña Ana, NM Z / PARRA The applicant, Baldemar Parra, is requesting a Zone Change from ER2 (Residential, 2-acre minimum new lot, single-family site built homes) to EI1 (Light Industrial, 5,000 sq. ft. minimum lot size, to provide a wide variety of light industrial uses in appropriate locations) to operate an existing roofing business (B&L Roofing). The acre parcel is located north of the City of Las Cruces, and addressed at 6455 Grape Vineyard Rd. The subject parcel is described as Lot 5, U.S.R.S Tract 4-6B, Replat 2, within Section 10, Twp 22S, Rge 1E, and can be further identified by Map Code # Staff recommendation: Based on the analysis and findings of fact staff recommends DENIAL of Case #Z08-006/PARRA: EXTRA TERRITORIAL ZONING COMMISSION Z08-006/PARRA - 1 -

2 HISTORY The applicant is proposing a Zone Change from ER2 to EI1 on a 2.23-acre parcel to operate a roofing business, B&L Roofing, owned by the applicant. B&L Roofing submitted for a business registration with Doña Ana County at the 6455 Grape Vineyard Rd. location on February 9, The applicants business registration application (pg. 18) stipulates that the business is for a home office only. On June 7, 2007 a complaint was received by DAC for a roofing business (B&L Roofing) operating in a residential zone. A 1 st Notice of Violation was sent to the applicant on July 3, During a meeting on July 17, 2007, the applicant was advised he would have to relocate the business to a new location with the proper zoning to operate his business within 30 days because it was operating illegally within the ER2 Residential Zone. On October 31, 2007, a Final Notice of Violation was sent by DAC Codes Enforcement to the applicant. On March 12, 2008, a second complaint concerning the business was received by DAC Codes from a neighbor. A Final Notice of Violation was sent to the applicant following the second complaint on March 13, The applicant replied and was referred to the DAC Planning staff. After several consultations with staff the applicant submitted Zone Change Request Application #Z on May 8, ANALYSIS The applicant s roofing business is utilizing a portion of the2.23-acre subject property for roofing materials storage, business vehicle parking and storage, and employee vehicle parking. The applicant states, in his submittal, that the business has been at this location since 2004 (pg. 11). The applicant also indicates that 6 commercial vehicles are stored on the property at night, 6 private employee vehicles are parked on the property during the workday, roofing materials and equipment are stored at the location, and the business utilizes a room in the 2,770 sq. ft. residence as the office for the business. The applicant has not shown that there has been a change in conditions as required by Supreme Court of New Mexico, Miller versus Albuquerque, September 9, The surrounding neighborhood is primarily residential and agricultural with most of the properties in farm production or with small pecan farms located on the parcels. There has been no change in conditions in the area, necessitating a zone change to protect the public. Nor does the applicant seek to correct an error in the initial zoning of the property. The residential subdivision was created in 1992 with no provisions for industrial or commercial activities. An industrial business, such as the applicants B & L Roofing, located on a parcel with an unpaved, private road serving as access creates several adverse impacts to the neighborhood. Those impacts include increased noise, increased vehicle traffic, and commercial business deliveries. The operation of an industrial business is contrary to the rural character of the residentially zoned surrounding neighborhood. Approval of this Zone Change Request would constitute a Spot Zone as defined by the ETZ Ordinance (pg. 5, #7) and would not be in compliance with the Ordinance or good planning practices. EXTRA TERRITORIAL ZONING COMMISSION Z08-006/PARRA - 2 -

3 ADJACENT ZONING: North ER2 Residential, 2-acre min. new lot size, single-family site built homes allowed. South: EV Village District, same uses and provisions as ER5M, ER6, ER7, and EC1 Zoning districts. East ER2 Residential, 2-acre min. new lot size, single-family site built homes allowed. West ER3/4 Residential, 3/4-acre min. new lot size, single-family site-built homes allowed. Physical Characteristics of the Site: The 2.23-acre subject parcel is a topographically flat, fully developed residential lot with a 2,770 sq. ft. residence, constructed in The northern portion of the parcel contains a small pecan grove, and the southern portion is utilized as the construction yard for the applicants business. Access to the property is gained via Grape Vineyard Road, an unpaved local street connecting to Alvillar Road (County Road D-050). Agency Comments: DAC Fire Marshal: Approved. Zone change approved. All future structures will have to meet the current fire code. County Building Inspection: Approved. No permits are required. County Engineering Department: Approved. Consider limiting the proposed zoning to only areas where it would be more effective. Looking at the site plan, it seems that only 1/3 of the property should be EI1. County Flood Commission: Denied 1. The subject property is currently located outside a FEMA Special Flood Hazard Area (SFHA) as per FIRM # 35013C0525E, effective date, Sept. 27, A grading and drainage plan is required as per Section 4.1.A.2.m (Amendment to the ETZ Ordinance No ). 3. Increased runoff from the addition of impervious areas (i.e. paved parking lots, additional buildings, etc.) will need to be mitigated. Please demonstrate how excess runoff will be managed. 4. Please feel free to call our office with any questions or concerns regarding these comments ( ). DAC Environmental Codes: Approved. No codes violations. Property clean & clear. All material stacked neatly and fenced. DAC Rural Addressing Coordinator: Conditionally Approved. Approved as long as a permit is pulled for the 40 X 40 storage unit. New Mexico Environmental Department: Approved. This parcel has a liquid waste permit DA for a three-bedroom home. If the applicant wishes to have sanitary facilities in the business structures for the employees. EXTRA TERRITORIAL ZONING COMMISSION Z08-006/PARRA - 3 -

4 New Mexico Department of Transportation: Approved. No significant impact to state s highway system. City of Las Cruces MPO: No comments received. City of Las Cruces Planning: Approved. No comments. Doña Ana Mutual Domestic Water Association: No comments received Elephant Butte Irrigation District: Approved. No objections. Community Notification: Letters of notification were sent to eighteen (18) property owners. Two s in opposition from the area of notification were received by staff. No letters of support were received. Signs were placed on the property June 30, 2008, and the case was advertised on June 29, 2008 in the Las Cruces Sun-News. 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 Article II, Section 2.1.G/Public Hearing and Notice Requirements. 2. The Supreme Court of New Mexico, Miller versus Albuquerque, September 9, 1976, states: 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. 3. 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 (1), NMSA 1978 and the Joint Powers Agreement between Doña Ana County and the City of Las Cruces. Therefore, the Las Cruces ETZ Commission (ETZ) has jurisdiction to review this case. 4. The 2.23-acre subject parcel was created in 1992 as part of the U.S.R.S. Tract 4-6B, Replat 2, an 8 lot, minor subdivision. 5. Section 3.1.B.2; ER2 Residential District states The ER2 zoning district is intended as a residential district of single-family site-built homes on large size lots specifically designed for keeping certain livestock with not more than one (1) dwelling unit and customary accessory building upon one (1) lot. It is intended that the ER2 district meet the demand for those lifestyles that include the raising and keeping of animals in a rural atmosphere in areas where the impact of such activities on those who do not share this lifestyle is negligible. 6. Section 3.1.M; EI1 Light Industrial District states, The purpose of the EI1 district is to provide a wide variety of light industry, fabricating, processing, wholesale distributing and warehousing uses appropriately located relative to major transportation facilities. The major portion of the business activity is conducted within enclosed buildings. Land use in this district shall be constructed and operated to ensure there is no excessive EXTRA TERRITORIAL ZONING COMMISSION Z08-006/PARRA - 4 -

5 noise, vibration, smoke, dust or other particulate matter, toxic or noxious matter, humidity, heat or glare at or beyond any lot line of the parcel on which it is located. Excessive is defined as a degree exceeding that caused in their customary manner of operation by users permitted in the EI1 district, a degree injurious to the public health, safety, welfare or to a degree to which it is a nuisance by reason of excessiveness. Residential uses shall not be permitted except for a residential watchman, caretaker or proprietor of a commercial use. 7. The Las Cruces Extra-territorial Zoning Ordinance Amended Article 1, Section 1.6.S; Definitions, defines Spot Zoning as, An amendment to a zoning ordinance that is not compatible with a comprehensive scheme of zoning, whether one lot, several lots or a large area. Spot zoning can also be created through variances, which are granted without regard for impact on the surrounding area. 8. The applicant submitted the original Business Registration Application on February 9, 2005, for B & L Roofing, Inc. The application states the location will be used as a home office only. 9. The Zone Change request is not consistent with the following ETZ Comprehensive Plan : Goal 8, Objective 8.1: Use existing resources, structures, and commercial or industrial zoned spaces for economic development activities in a manner that will support the expansion and diversification of the region s economic base. Goal 8, Policy 8.1.1: Identify commercial and industrial nodes that are compatible with existing development/zoning districts. Goal 8, Program : Development of industrial sites shall be encouraged to locate on existing or planned arterial or collector streets or in planned industrial parks. Determination Criteria: The ETZ Commission may recommend a Zone Change to the ETA as specified by the Extra-territorial Zoning Ordinance Article II, Section 2.1.B/Zoning District Changes: Rezoning and by using the criteria defined by the Extra-territorial Zoning Ordinance Article II, Section 2.1.D/Evaluation Criteria: (Applicants responses in italics) 2.1.D.1 Determination of the number of homes, population, and population demographics. Subject parcel is zoned ER2 and is located in an existing ETZ minor subdivision known as USRS Tract 4-6B Replat 2. The subdivision is compromised of 8 lots ranging in size from 2.0-acres to 3.04-acres. 2.1.D.2 Determination of potential traffic flows (average daily traffic) and where they will impact the transportation system. Daily traffic onto the lot is residential and commercial use. Four vehicles have residential access. Six commercial vehicles are stored on the property at night. During the day, two work crews park six private vehicles and leave with the commercial vehicles twice daily. EXTRA TERRITORIAL ZONING COMMISSION Z08-006/PARRA - 5 -

6 2.1.D.3 Determination of need for new commercial activity. There is an existing home on the property and a work yard. The yard is for business equipment and materials. 2.1.D.4 Determination of potential water and sewage needs. N/A. 2.1.D.5 Evaluation of existing infrastructure capacities and an analysis of the ability of the existing system to accommodate the new development. N/A. 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. 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. N/A 2.1.D.8 Any analysis required should be undertaken and paid for by the developer and verified by the ETZ Commission. Pending review if applicable. (Applicant has paid all fees) 2.1.D.9 Determination of impact of a proposed zone change on surrounding properties. Noise in excess of the normal volumes for land use is not exceeded. There will be no visual disturbances since commercial material will be stored in a proposed 40 X 40 storage building. The proposed zoning will permit uses outlined as follows: Section 3.1.M EI1 LIGHT INDUSTRIAL DISTRICT 3.1.M.1 PURPOSE The purpose of the EI1 district is to provide a wide variety of light industry, fabricating, processing, wholesale distributing and warehousing uses appropriately located relative to major transportation facilities. The major portion of the business activity is conducted within enclosed buildings. Land use in this district shall be constructed and operated to ensure there is no excessive noise, vibration, smoke, dust or other particulate matter, toxic or noxious matter, humidity, heat or glare at or beyond any lot line of the parcel on which it is located. Excessive is defined as a degree exceeding that caused in their customary manner of operation by users permitted in the EI1 district, a degree injurious to the public health, safety, welfare or to a degree to which it is a nuisance by reason of excessiveness. Residential uses shall not be permitted except for a residential watchman, caretaker or proprietor of a commercial use. EXTRA TERRITORIAL ZONING COMMISSION Z08-006/PARRA - 6 -

7 3.1.M.2 DEVELOPMENT REQUIREMENTS Minimum lot area 5,000 square feet Minimum lot width 60 feet Minimum lot depth 70 feet Minimum front setback 25 feet Minimum side setback 7 feet Minimum rear setback 15 feet Maximum building height 50 feet 3.1.M.3 EI1 PERMITTED USES The following uses are permitted by right in the EI1 district: 3.1.M.3.a PERMITTED USES - NO CONDITIONS 1. Automobile and truck parking garages and 12. Lumber yards lots 2. Automobile and truck service stations 13. Newspaper establishments, distribution centers 3. Business offices 14. Paint supplies, sales and distribution 4. Commercial or trade schools 15. Rental and sales of contractor equipment 5. Dwelling for resident watchmen and 16. Restaurants with no drive-in service caretakers employed on the premises, and business proprietors, provided they are located on the same property as the business. 6. Electrical shops 17. Service establishments for repair and maintenance of home and business appliances, building maintenance and repair, including pest control, tree and lawn services 7. Engraving shops 18. Sign construction and sales 8. Fence and wall sales and storage 19. Storage building and warehouses 9. Glass cutting and finishing 20. Telephone exchange stations 10. Hardware stores 21. Tire sales and service establishments 11. Laboratories- research, experimental or 22. Welding and light fabrication testing 3.1.M.3.b PERMITTED USES - WITH CONDITIONS The following uses are permitted in EI1 in accordance with stated conditions: 1. Automobile, mobile home, trailer and truck sales, rentals and storage The vehicle area must be graded and surfaced with asphalt, concrete or other materials that will provide equivalent protection against potholes, erosion, dust, and a solid wall or fence six (6) feet high shall be maintained along any side of such area abutting or contiguous to any residential zone. 2. Construction or contractor s yard Yard shall be maintained in a neat and orderly fashion and enclosed by a solid wall or fence of a minimum six (6) feet in height. However there shall be no fence or wall more than three (3) feet of a street intersection. 3. Garages for repair of passenger motor vehicles, light trucks, vans and motorcycles, including body work EXTRA TERRITORIAL ZONING COMMISSION Z08-006/PARRA - 7 -

8 All work must be performed in a completely enclosed building. There shall be no storage of junk automobiles for salvage purposes and only those motor vehicles awaiting repairs can be parked on the premises behind a solid wall or fence so that such vehicles will not be visible from surrounding properties. 4. Heavy equipment repair service (accessory use) Permitted only as an incidental or accessory use to heavy equipment sales or rentals. Floor area for repair shall not exceed three thousand (3,000) square feet and not exceed thirty (30) percent of the total gross floor area. Welding is permitted only in conjunction and shall not be used for the purpose of heavy equipment assembly. 5. Open or exterior storage and display of merchandise, materials Storage or display of materials on the exterior of a building shall be completely enclosed by a fence or wall of solid construction, no less than six (6) feet in height, except for mobile homes, cars, trucks or motorcycles 6. Paint shop, mixing, treatment and spraying Buildings shall be located on hundred (100) feet from any residential zoning district and obtain approval from the County Fire Prevention Inspector 7. Public utility installations, substations and water wells The site shall be developed and maintained in conformance with the general character and appearance of the zoning district, and shall include landscaping and suitable screening in the form of a solid wall, fence or compact shrubbery around the perimeter of the lot or tract 8. Restaurants with drive-in service Must have at least one (1) stacking lane ten (10) feet in width and two hundred (200) feet in length for each drive-in window that is designed to ensure that no business traffic backs onto the street giving access 9. Storage of wrecked or dismantled vehicles and parts (accessory use) The storage of wrecked and dismantled vehicles and parts thereof shall be permitted only as an incidental or accessory use to a vehicle repair establishment or body shop permitted in the EI1 district. Such use shall be in accordance with the following a. Storage shall be within an enclosed building or within a siteobscuring fence at least six (6) feet in height above adjacent road grades b. Vehicles and parts stored at the exterior of a building shall be owned by customers of the business and such storage shall be only for the purpose of repair and return to customers c. Exterior storage of vehicles shall not remain on the premises for a period exceeding three (3) months d. There shall be a maximum of twenty (20) wrecked vehicles stored at the building exterior during any one time e. Exterior storage shall be a minimum of one hundred (100) feet from a residential zoning district 3.1.M.4 EI1 SPECIAL USE PERMITS The following uses require a public hearing pursuant to Section 2.1.G of this Ordinance and approval by the ETZ Commission: 1. Airports or heliports 2. Buss passenger terminals, including storage of buses 3. Major facilities for generation of energy, water treatment plants, sewer treatment plants, commercial and public radio and television broadcasting EXTRA TERRITORIAL ZONING COMMISSION Z08-006/PARRA - 8 -

9 and microwave broadcasting and receiving facilities, storage yards for public utilities and similar uses. 4. Recycling centers 5. Satellite parking areas 6. Wind driven electrical generators or wind driven pumps Mobile homes on a permanent basis for the purpose of housing security guards pursuant to Section 3.01 of this Article. Conditions shall be attached regarding unobtrusive siteing and screening. EXTRA TERRITORIAL ZONING COMMISSION Z08-006/PARRA - 9 -

10 Z08-006/PARRA

11 Z08-006/PARRA

12 Z08-006/PARRA

13 Z08-006/PARRA

14 Z08-006/PARRA

15 Z08-006/PARRA

16 Z08-006/PARRA

17 Z08-006/PARRA

18 Z08-006/PARRA

19 Z08-006/PARRA

20 Z08-006/PARRA

21 Z08-006/PARRA

22 Z08-006/PARRA

23 Z08-006/PARRA

24 Z08-006/PARRA