DOÑA ANA COUNTY PLANNING AND ZONNING COMMISSION … · 2017-12-14 · Mesilla Valley MPO: No comment. APPLICABLE PLANS, POLICIES, AND CRITERIA FOR APPROVAL Ordinance No. 287-2016,

PLANNING AND ZONING COMMISSION 1

Z17-011 / Hargraves December 14, 2017

SYNOPSIS:

The property owner is requesting a Zone Change on a 5.99 acre parcel from D1 (Low Density Residential,

1.0-acre minimum new lot size) to I2 (Medium Industrial) for a contractor’s yard. Access will be from E.

Thorpe Rd.

MEETING DATE: October 26, 2017

REQUEST: Zone Change

CASE #: Z17-011 / Hargraves

PURPOSE: Zone Change from D1 to I2 to

establish a contractor

equipment storage yard

PROPERTY OWNER/ Stan Hargraves, Underwood

APPLICANT/AGENT: Engineering, Agent

LOCATION: East end of E. Thorpe Rd.

LEGAL DESCRIPTION: Lot 17A, Block 17 EBL&T

Co. Subd. “A”, Replat No.

14, recorded 7/12/07, Inst.

#0724450,

PROPERTY SIZE: 5.989-acres

PARCEL ID NO’s: R0321573

RECOMMENDATION: Approval

CASE MANAGER: Steve Meadows, Planner

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

REPORT CONTENTS: (1) Case Analysis and Staff Recommendation (2) GIS Information & Maps (3)

Site Plan Survey (4) Application and Supporting Documents



SURROUNDING ZONING AND LAND USE

Existing Conditions and Zoning:

The subject property is located within a D1 Zoning District and is described as Lot 17A, Block 17, of the

Elephant Butte Land & Trust Co. Subdivision “A”, Replat #14, recorded July 12, 2007, with Instrument

#0724450. Access to the property will be from E. Thorpe Rd., a graded, County maintained road. A new

thirty foot (30’) access easement is located along the northeastern and eastern boundary of the subject

parcel (Pg 16) providing access for the properties to the south.

The Request:

The applicant is requesting a Zone Change from D1 (Low Density Residential) to I2 (Medium Industrial)

on a 5.989-acre parcel for a contractor’s yard for the open storage of water well drilling equipment.

BACKGROUND

The subject parcel has been zoned as residential from the inception of the ETZ in 1989 when an ER3M

(Residential, 1-acre minimum new lot size, single-family site built and mobile homes) zoning designation

was assigned to the area properties. February 2, 2017, the Unified Development Code was implemented

and D1 (Low Intensity Residential, 1-ac. minimum, single family site-built & mobile homes) replaced the

ETZ Zoning of ER3M. The applicant, Mr. Hargraves, has used the property as a storage yard for water

well drilling equipment since he purchased the property in 2007 from the previous owner who used the

property as part of his salvage yard (Pgs 25-26).

The subject property was the subject of a recently approved Claim of Exemption #14 (E17-

118/Hargraves) for the subdivision of the northeast 0.479-acres from the subject property with conveyance

of that parcel (17B) to Elephant Butte Irrigation District with the property owner retaining Lot 17A. A

new 30’ private access easement (Pg. 16) was also created at the time of the Claim of Exemption for

access to properties south of the subject parcel occupied by Black’s Auto Salvage.

NOTICE / NOTIFICATION

14 letters of notification were mailed to the property owners within the area of notice on

November 22, 2017.

Legal Ads were placed in the Las Cruces Sun-News on November 22, 2017.

SITE

ZONING

LAND USE

North

D1-L Low Density Residential- Limited &

I1 Light Industrial

Vacant, Some Residential, and

Some Industrial Uses

South

I3 – Heavy Industrial

Industrial Use

East

D1 Low Density Residential

EBID Dam

West

C2 Community Commercial

Commercial Uses



Signs placed on the property in a timely manner.

Agenda placed on the DAC Web site.

No correspondence in opposition or support was received by staff.

AGENCY COMMENTS

DAC Engineering: 1) Provide a conceptual site plan and evaluation criteria. 2) Follow the minimum

required setbacks for the proposed zoning. 3) Provide a STA. 4) Adhere to all regulatory agency

comments. Some agencies may require certain permits or licenses to be obtained. 5) Further

submittals would warrant further comments. 2nd Review: Access must be from a County or State

road and has access from either a 60’ R-O-W or an easement with 36’ wide improved roadway. Refer

to UDC Table 5.19.

DAC Flood Commission: 1) Pursuant to FIRM No. 35013C0893G, the subject property is not

currently located in a FEMA Special Flood Hazard Area and is located in FEMA “Other Areas”, Zone

“X”, “areas determined to be outside the 500-year flood”. Please be aware that the lot is susceptible to

flooding despite not being located directly in a Special Flood Area. 2) Please be aware that this site is

located directly below the Doña Ana South Dam 3) DACFC has had a conversation with EBID

regarding this Zone Change. We request that any additional moves going forward in regards to this

property be run not only through the Flood Commission but EBID as well.

DAC Fire Marshal: Zone Change approved only.

DAC Building Services: No comment.

DAC Rural Addressing Coordinator: No comment.

DAC Zoning Codes: No comments received.

DAC Advanced Planning: Attached are my comments in a sketch of the Hargraves site survey:

B-1 = Buffer Class 1

B-3 = Buffer Class 3 “IX CHANGE” = Industrial use, but not sure on intensity I1, I2, I3

I didn’t address that one cannot develop the arroyo or dam near the site into the above buffering

requirements, as I don’t see a mechanism for that. Plus, there’s no guarantee the Hargraves site is

unseen from those directions somewhere or might be developed anyway, some day. If they follow the

UDC as adopted there are landscaping requirements. If they follow the UDC amendments where we

address industrial uses and unmanned facilities appropriately, there is no landscaping

requirement…just the buffers and possibly a frontage buffer.

AC/Codes: No Violations. 9/1/17

NMDOT: No significant impact to State’s highway system.

EBID: No objections.

NMED: Wastewater Treatment and Disposal- In response to the zone change request only – no

comment. Water Supply/Water Quality- No comment. 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.



OSE: No water rights issues of concern.

CLC Planning Dept.: The CLC Planning Dept. has no issues with the proposal.

Mesilla Valley MPO: No comment.

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. Population:

iii. Demographics:

iv. Potential traffic flows and impacts:

v. Need for new commercial or residential activity:

vi. Potential water and sewer needs:

vii. Existing infrastructure capacities and the ability of existing systems to accommodate new

development:

viii. Environmentally sensitive areas, areas of historical significance, or areas that contain

endangered or rare species of animal and plant life:

ix. The impact of a proposed zone change on surrounding properties:

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:

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.f Where evidence of a change or mistake is adduced, there is no reciprocal right to a change in

zoning, nor is there a threshold evidentiary standard which when met compels rezoning. Even

with very strong evidence of a change or mistake, a zone change may be granted, but is not

required to be granted, except where a failure to do so would deprive the owner of all

economically viable use of the property

§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.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.

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.

§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: Applicants responses

(Pgs 19-20) staff analysis in bold:

i. Potential number of homes: No new homes proposed for this project.

ii. Population: No homes or families will reside on property.

iii. Demographics: No change in demographics since no residential development planned.

iv. Potential traffic flows and impacts: The applicant’s Engineer performed a traffic count

on site (Pgs 21-23) and found 28 vehicle trips per day. The vehicles were traveling to

and from Black’s Auto Salvage yard located south of the subject parcel that shares the

same access as the subject parcel. Traffic impacts E. Thorpe Rd., a graded County

maintained road. v. Need for new commercial or residential activity: New industrial classification will allow

the property owner to utilize the parcel as a permanent storage site for his water well

drilling and servicing equipment. vi. Potential water and sewer needs: There will be no need for water or septic/sewer facilities

as the property will be used only for the storage of water well drilling and servicing

equipment. No permanent structures are anticipated on the site. vii. Existing infrastructure capacities and the ability of existing systems to accommodate new

development: E. Thorpe Rd., a minor local road in this area, is capable of handling the

projected traffic flows generated by the equipment storage yard. There were no

adverse comments from NMDOT concerning traffic to the parcel (Pg 3).



viii. Environmentally sensitive areas, areas of historical significance, or areas that contain

endangered or rare species of animal and plant life: An EBID drainage facility is near the

northeast corner of the subject parcel (Pg 16) but no proposed development will take

place near the facility. ix. The impact of a proposed zone change on surrounding properties: The use of the property

will not change with the approval of the requested Zone Change so there should be no

additional impact to the surrounding properties. Similar traffic patterns with minimal

additional impact to the road was reported in the STA (Pgs 21-23) from the applicant.

x. Implementation of Best Management Practices for the development: Applicant will be

required to employ any Best Management Practices identified if the property is further

developed.

Staff’s evaluation of the applicants responses indicate that the application has met the Decisional Criteria

of §2.3.2.a.

§2.3.2.d Comprehensive Plan:

The proposal meets Population and Employment Goal G1.3: Identify the Locations Where Development

Will Tend to Go. Goal G1.3 states, “The path of progress for industrial growth is mainly around Santa

Teresa and on the outskirts of Las Cruces.” The subject parcel is located approximately 1 mile north of

the City Limits of Las Cruces and several Industrial Zones and Commercial Zones (Pg 11) are adjacent to

or within the immediate vicinity and along the nearby Del Rey Blvd. roadway.

The proposal also meets Economic Opportunity Goal G6.7: Support Regional Small-Scale Businesses

Including Agriculture, of the “Plan 2040” Comprehensive Plan. A portion of the applicants water well

drilling business is directly associated with the drilling of water wells to support the agricultural industry

in the Mesilla Valley.

Additionally, the applicant’s proposal would be in conformance with Economic Opportunity Goal G6.10:

Keep Money from Leaking out of the County. As stated, “Doña Ana County loses retail sales and some

service offerings to El Paso and Chihuahua.” The applicant’s business could be negatively impacted if

not allowed to remain in the same location it has occupied for the last 8 years and possibly allow service

companies from outside of Doña Ana County to take some of the business of the applicant due to the costs

of procuring, relocating, and possibly developing a new location.

The proposed Zone Change meets §2.3.2.d as it is not in conflict with the Comprehensive Plan or other

adopted or approved County plans and amendments thereto.

§2.3.2.e “Miller” Criteria

The applicant is proposing to rezone 5.989-acres from D1 to I2 to operate an open storage yard for water

well drilling equipment. In 1989 the Extra-territorial Zone became effective and the area was zoned

ER3M (Residential, 1-acre minimum new lot size, single-family site built and mobile homes). The

subject property was one of several parcels that were being utilized for an existing automotive salvage

yard (Pgs 25-26) at the time the original ETZ zoning was assigned to the properties. This error was never

corrected by the property owner or by Doña Ana County. In 2007 the current owner purchased the

property and began storing his drilling equipment on the property.

The Supreme Court of New Mexico, in 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.” The zoning on this parcel is the direct result of the error in original zoning and falls within the

parameters of the Miller Criteria to correct a mistake in the original zoning classification.

In addition to the finding by staff that there was a mistake in the original zoning, several Zone Changes

(Pg 24) have been approved in the vicinity. A Zone Change (Z08-011) was approved on properties to the

south and adjacent to the subject property in 2009, from ER3M Residential to EI3 (Heavy Industrial) for

the existing salvage yard. These four properties (Black’s Auto Salvage) are adjacent to and immediately

south of the subject property and were rezoned to industrial to reflect the existing industrial uses on site

prior to the ETZ zoning being adopted in 1989. In 2002, a Zone Change (Z02-010) was approved on the

property immediately west of the subject parcel from ER3M (1-acre minimum Residential) to EC2

(Community Commercial) for a RV and mini-storage unit facility. In 1999 a Zone Change (Z99-003) was

approved from ER3M to EI1 (Light Industrial) on a parcel southwest of the subject property. These area

Zone Changes in the vicinity for industrial or commercial zoning, are indicative of a “change of

conditions” to the area.

These change of conditions meets §2.3.2.e of the Decisional Criteria of the UDC therefore, satisfies the

“Miller” criteria to warrant the Zone Change to protect the public.

§2.3.2.f This section of the UDC (Pg 5) allows the Planning and Zoning Commission to review and determine if a

Zone Change request, even though meeting the “change or mistake” rule of the “Miller” criteria, is still

appropriate to be granted. If the request is denied the applicant will be denied the ability to have an

economically viable use as the residential development of the parcel would be incompatible with the

surrounding industrial and commercial uses and would require utilities to be extended to the area. Staff

concludes that the request does meet §2.3.2.f of the UDC.

§2.3.2.g

The applicant’s planned use of the property will be for an open storage yard for water well drilling and

servicing equipment. Pursuant to §2.3.2.g the applicant has overcome the presumption that the current

zoning is the most appropriate, as the project site is not suitable for residential development due to the

surrounding commercial and industrial zoning (Pg 11) including industrial zones located northwest and

south of the site and commercial zoning adjacent to the west boundary of the subject parcel. on the north

side of E. Thorpe Rd. The location of the Doña Ana Dam, east of the subject parcel, further increases the

incompatibility of residential development in the immediate area.

2.3.2.k Spot Zoning:

The requested Zone Change does satisfy all three points of the 1999 Bennett ruling (Page 5). The

applicant request for I2 Zoning would be in harmony with the industrial zoned properties and uses nearby

(Pg 11). Although there are residentially zoned properties located to the east, north and southwest of the

subject parcel all of the properties are vacant and not developed for residential use. The auto salvage

business (I3 Zoning) is adjacent to and directly south of the property, an RV and mini-storage facility (C2)

abuts the subject parcel on the western boundary, and properties to the northwest and west of the subject

parcel are zoned I1 (Light Industrial). A water storage tank facility is located on the north side of E.

Thorpe Rd., while the rest of the industrially zoned parcels are vacant.



The requested Zone Change of 5.989-acres is of sufficient size that it would not be considered a spot zone

as there are properties in the surrounding area that are zoned industrial that are smaller than the subject

parcel. The proposed use of the parcel requiring an open area and the nearly 6.0-acre parcel is of

sufficient size to accommodate the open storage yard for drilling equipment.

The proposed Zone Change request will be beneficial to the applicant by allowing him to continue to

operate his storage yard and continue his business activities in the area. The property and the surrounding

residentially zoned properties do not have utilities in the area thus, not conducive to residential

development. Additionally, with the existing industrial and commercial zoning and uses in the immediate

area, residential development would not be desirable or compatible with this area. These findings

illustrate that the request would not be considered a spot zone per §2.3.2.k.

Buffering in accordance with Best Management Practices in Article 6 Low Impact Development will be

required along the boundaries of the subject parcel under the current UDC regulations, however, the

recently approved amendments by the BOCC in late November, will reduce the amount of buffering

because the site is characterized as an “unmanned industrial facility”.

STAFF FINDINGS:

1. The property is outside of any incorporated municipal zoning authority and is within Doña Ana

County.

2. Pursuant to §1.4.3.c, the Doña Ana County Planning & Zoning Commission has jurisdiction to

review this application and make a final decision on approval, approval with conditions, or denial

of zone change requests.

3. Notice requirements have been met as prescribed in §2.3.1 Public Hearing for a Zone Change.

4. The subject property is described as Lot 17, Block 17, of the Elephant Butte Land & Trust Co.

Subdivision “A”, Replat No. 14, recorded July 12, 2007, with Instrument #0724450.

5. The subject property was the subject of a Claim of Exemption #14, splitting off a 0.479-acre parcel

that was conveyed to Elephant Butte Irrigation District.

6. The applicant’s request meets §2.3.2.a Decisional Criteria and is consistent with the health, safety,

and general welfare of the residents of the County.

7. The applicant’s proposal would be in conformance with Population and Employment Goal G1.3:

Identify the Locations Where Development Will Tend to Go, Economic Opportunity Goal G6.7:

Support Regional Small-Scale Businesses Including Agriculture, and Economic Opportunity Goal

G6.10: Keep Money from Leaking Out of the County, thus, §2.3.2.d of the UDC is met.

8. The Zone Change request meets §2.3.2.e as there has been a change in conditions in the area with

the approval of Zone Changes to industrial and commercial zoning and the parcel was incorrectly

zoned when the ETZ was adopted in 1989 due to the presence of industrial uses upon the property.

9. The Zone Change request is appropriate because the applicant will lose all economically viable

uses of the property if denied because of the incompatible nature of any residential development

with the surrounding commercial and industrial uses per §2.3.2.f



10. The applicant has overcome the presumption that the current zoning designation is the most

appropriate zoning designation per §2.3.2.g as the proposed open drilling equipment storage yard

will more readily conform to the surrounding uses and zones.

11. The Zone Change request would not be considered a spot zone per §2.3.2.k as it is in harmony

with other industrial and commercial uses and zoning in the immediate area, is of sufficient size at

5.989-acres, and would benefit the public by removing the possibility of residential development in

an area without proper utilities and with incompatible uses in the form of industrial and

commercial uses and zoning.

STAFF RECOMMENDATION:

Based on the request meeting the applicable sections of the Doña Ana County Unified Development Code

Ordinance No. 287-2016, conforming to elements of Comprehensive Plan 2040, meeting the “Miller”

criteria, §2.3.2 Decisional Criteria, is not considered a “spot zone”, and the findings listed above, Staff

recommends Approval of Case #Z17-011.



CLOSE-UP OF SUBJECT PROPERTY



ZONING MAP



AREA LAND USES



PROPERTY NOTIFICATION AERIAL



NOTIFICATION TABLE



SURVEY OF SUBJECT PARCEL



CLOSE-UP OF SURVEY



APPLICATION (Pg. 1 of 2)



APPLICATION (Pg. 2 of 2)



NARRATIVE & EVALUATION CRITERIA (Pg. 1 of 2)



NARRATIVE & EVALUATION CRITERIA (Pg. 2 of 2)



STA (Pg 1 of 3)



STA (Pg 2 of 3)



STA (Pg 3 of 3)



AREA ZONE CHANGES



ENCROACHMENT OF SUBJECT PARCEL (1999)



ENCROACHMENT OF SUBJECT PARCEL (2004)