dona ana county · 16.07.2009 · combined 8.85-acre subject parcels are located north of the city...

EXTRA TERRITORIAL ZONING COMMISSION Z08-011 - SU08-011/Black - 1 - July 16, 2009

EXTRA TERRITORIAL ZONING COMMISSION

CASE ANALYSIS APPLICANT: Tom Black, / David Bollschweiler, Agent CASE NUMBER: Z08-011 & SU08-011 REQUEST: Zone Change from ER4M to EI3 & a Special Use Permit to operate

a auto salvage/metals recycling business LOCATION: Northeast of the City of Las Cruces at 1430 East Thorpe Rd., Las

Cruces, NM CASE # Z08-011/BLACK: The applicant, Tommy Black, (David Bollschweiler, Agent) is requesting a zone change on 4 parcels from ER3M (Residential, 1-acre minimum lot size, single-family site built and mobile homes) to EI3 (Special Industrial District, to provide for a variety of industrial uses that may cause some levels of air or noise pollution) for the purpose of operating an existing auto/metal salvage yard (Tom Black’s Auto Salvage). The applicant is also requesting a Special Use Permit SU08-011/Black, as required in Section 3.1.O of the ETZ Zoning Ordinance. The combined 8.85-acre subject parcels are located north of the City of Las Cruces, east of Interstate 10, within Section 13, Township 22 South, Range 1 East. The subject properties are addressed at 1430 East Thorpe Road. The four parcels described as parts of Lot 19, Block 20 of the Elephant Butte Land and Trust Company Subdivision “A” as recorded in the Office of the Doña Ana County Clerk on March 1, 1911 in Book 8, Page 86 and part of Lot 1 of the Elephant Butte Land & Trust Company Subdivision “A” Replat No. 31 as filed in the Office of the Doña Ana Clerk on November 13, 1995 in Book 18, Pages 352-353. The four parcels can be further identified by Map Code #’s 4-006-129-137-460, 4-006-129-188-491, 4-006-129-185-507, and 4-006-129-153-514

Staff recommendation: Staff recommends that Case #Z08-011 and Case # SU08-011 be Postponed for 60 days due to access issues, an inadequate site plan, and encroachment issues discovered by staff. Staff proposes these cases be rescheduled for the September 17, 2009 ETZ Commission meeting.

DOÑA ANA COUNTY CASE # Z08-011 & COMMUNITY PLANNING AND SU08-011 ECONOMIC DEVELOPMENT DEPARTMENT Building ▫ Planning ▫ GIS 845 North Motel Boulevard ▫ Las Cruces, New Mexico 88007 (575) 647-7350 ▫ Fax: (575) 525-6131 Toll Free: 1 (877) 827-7200 ▫ TTY: (575) 525-5951 www.donaanacounty.org


ANALYSIS The applicant is proposing a Zone Change and a Special Use Permit to bring four properties, totaling 8.85-acres, into zoning compliance with the ETZ Ordinance by rezoning the four properties to EI3 (Light Industrial District, 5,000 sq. ft. minimum lot size), and obtaining a Special Use Permit to continue to operate the auto salvage and metals recycling business (Tom Black’s Auto Salvage) that has been in operation since 1980. 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 applicant’s business was in operation at the time the original zoning was assigned to the properties. This error was never corrected by the property owner or by Doña Ana County. 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.” This zone change request is a 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. The applicant is concurrently pursuing a Special Use Permit with Case # SU08-011. Per the ETZ Ordinance No. 88-02, as amended, Article III, Section 3.1.O.4.22 (Page 6), an auto/metal salvage yard requires a Special Use Permit to operate in the ETZ. A Special Use Permit is required for a use that is not permitted by right in a zoning district. The Ordinance requires that a SUP be reviewed and approved by the ETZ Commission to determine the impacts to the surrounding area. The required improvements for EI3 Districts including buffering, landscaping, fencing, and signage will be in effect if the Zone Change and SUP are given final approval. The applicant has submitted the 2.1.D Evaluation Criteria (Pages 9-10 and Page 13) and states that traffic at the business varies from 20-25 vehicles per day. Access to the properties is gained from an easement connecting Thorpe Road to the northernmost property. This easement was granted in February 2009 (Pages 14-16) from Stan Hargraves, the owner of record. However, the easement does not appear to have been recorded in the office of the Doña Ana Clerk. Additionally, access to the two southernmost properties is not clear. There is no proof of an access agreement with the owner of property #18 on the notification list. Storm Water Multi-Sector General Permit # NMR05A168 (Page 18) was approved by the EPA for the National Pollutant Discharge Elimination System (NPDES) in June 1997, for Tom Black’s Auto Salvage. The applicant did not submit any additional information for the ongoing monitoring or renewal of the permit, nor does the applicant indicate on the site plan any facilities installed as required by the Pollution Prevention Plan (Page 19). A drainage analysis was submitted by the applicant and the DAC Flood Commission was given a copy for their review. The DAC Flood Commission made no adverse comments on the contents of this report. The New Mexico Environmental Department reviewed the Zone Change and SUP requests and made no adverse comments concerning liquid, solid, or hazardous wastes. The NMED Air Quality Board (Page 8) advised that an Air Quality Permit was not required.


A water well (LRG12555, Page 17) serves the property. Separate septic systems serve the main office building, the residence, and one of the shop/storage buildings on lot #4. El Paso Electric Co. provides service to the properties and propane is used where necessary for heating and cooking, etc. Due to the discrepancies found with the access issues, site plan deficiencies, and encroachment issues with surrounding properties Staff recommends that this Zone Change/Special Use Permit Request be postponed for 60 days to allow the applicant to submit proof of access, a revised site plan and a plan to deal with the encroachment issues. EXISTING ZONING The existing ER3M zoning uses and development requirements are as follows: Section 3.1.C.1 ER3M RESIDENTIAL DISTRICT 3.1.C.1.a PURPOSE

The purpose of the ER3M zoning district is to establish residential district is to establish residential districts of single-family site-built homes and mobile homes on moderate to large size lots, specifically designed to meet the demand for those persons whose lifestyles include raising and keeping of large and small animals in a semi-rural atmosphere.

3.1.C.1.b DEVELOPMENT REQUIREMENTS

Minimum lot size 1 acre (except cluster development) Minimum lot width 100 feet Minimum lot depth 100 feet Minimum front setback 25 feet Minimum side setback 15 feet Minimum rear setback 25 feet Maximum building height 35 feet

3.1.C.1.c ER3M PERMITTED USES

The following uses are permitted by right in the ER3M district:

1. All types of agriculture. 2. Barb wire fences. 3. Barns and other structures normally used in connection with farming and

ranching. 4. Christmas tree farms. 5. Cluster developments in accordance with Subdivision Regulations

adopted by the ETZ Authority. 6. Detached single-family site-built homes and mobile homes. 7. Garage and yard sales or similar uses, limited to three (3) sales in a one

(1) year period at a single address, and each sale shall be limited to three (3) consecutive days.

8. Greenhouses (non-commercial) garden and tool sheds. If detached from the main dwelling, the structures are subject to the provisions of Accessory Buildings under Article VII of the Ordinance.

9. Home Occupations subject to Section 3.4 of this Article.


10. Private swimming pools provided the provisions of Article 5 of this ordinance for fencing are met. The pool shall be no closer than five (5) feet from any property line and approval from all utilities is obtained to ensure overhead safety.

11. Raising large and small animals in accordance with Article VIII of the Ordinance.

12. Recreational vehicles such as boats, trailers or similar uses, limited to a maximum of one (1) per dwelling unit in the front and side yard, and no limitations for the rear yard, provided there is at least a distance of five (5) feet from any property line.

13. Residential type satellite dishes, television or receiving antenna, roof mounted, and not exceeding twenty (20) feet in height at the highest point of the roof.

14. Septic tanks in accordance with the regulations of the New Mexico Environmental Improvement Division (EID) and Section 3.02 of this Article.

15. Temporary real estate offices, when used in conjunction with a residential subdivision, provided such use is discontinued upon the completion of the development or within three (3) years form the date the building permit was issued, whichever is sooner.

16. The sale of agricultural and farm products such as nursery stock, poultry, rabbits, chinchillas, fish, frogs, earthworms and bees, if produced or raised on the premises.

17. Windmills built to withstand a 75 MPH wind and meet the Uniform Building Code.

18. Agriculture uses and agriculture related uses not specifically listed under Sections 3.1.A.1.c and 3.1.A.1.d of this Article are permitted by right in the ER3M district.

3.1.C.1.d ER3M 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. Boarding houses and rest homes 2. Cemeteries 3. Commercial stable and riding academies 4. Commercial kennels 5. Community and publicly owned recreational centers, clubhouses and

similar buildings and structures open to the public 6. Day care center or child care center for five (5) or more children 7. Guest ranches 8. Parks, golf courses, churches, schools and other public or semi-public

and open recreational uses 9. Public utility installations, substations and water wells 10. Keeping of wild or exotic animals or fowl 11. Time-rental riding facilities 12. Veterinary clinics and treatment centers


PROPOSED ZONING The proposed zoning will permit uses outlined by the Las Cruces Extra-territorial Zoning Ordinance No. 88-02, as amended, as follows: Section 3.1.O EI3 SPECIAL INDUSTRIAL DISTRICT 3.1.O.1 PURPOSE The purpose of the EI3 district is to provide for a variety of industrial uses that, due to the nature of the businesses, may cause some levels of air or noise pollution. 3.1.O.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.O.3 EI3 PERMITTED USES The following uses are permitted by right in the EI3 district: 3.1.O.3.a PERMITTED USES - NO CONDITIONS All uses permitted under Section 3.1.N.3.a of this Article are allowed under this Section. 3.1.N.3.a PERMITTED USES - NO CONDITIONS

1. All uses permitted under Section 3.1.M.3 a of this Article. 2. Beverage blending or bottling, baking products, candy manufacturing,

tobacco, products, dairy products and ice cream, fruit and vegetable processing and canning.

3. Compounding of cosmetics, toiletries, drugs and pharmaceutical products 4. Cotton ginning and bailing, cotton seed products, manufacturing, flour

milling, grain elevators. 5. Ice and cold storage plants. 6. Manufacturing or assemble of bolts, nuts, screws and rivets, photographic

and metering equipment, electrical appliances, tools, machinery, and hardware products, sheet metal products, heating, cooling and ventilation equipment.

7. Manufacturing of boxes, furniture, cabinets, baskets and other wood products of similar nature.

8. Manufacturing or assembly of medical and dental equipment, drafting, optical and musical instruments, watches, clocks, toys, games, electrical or electronic apparatus and communication equipment.

9. Manufacturing of pottery or other similar ceramic products from previously pulverized clay in kilns fired only by smoke fan furnaces

10. Manufacturing of rugs, mattresses, pillows, quilts, hosiery, clothing and fabrics, shoes and leather products, printing and finishing of textiles and fibers into fabric goods.


11. Storage in bulk of, or warehouse for, such material as contractor’s equipment and supplies, clothing, cotton, drugs, dry goods, films, furniture, feed, fertilizer, grain, glass, groceries, hardware, hay, lumber, machinery, rope and shop supplies.

3.1.O.3.b PERMITTED USES - WITH CONDITIONS All uses permitted conditional uses under Section 3.1.N.3.b of this Article are allowed under this Section. 3.1.N.3.b PERMITTED USES - WITH CONDITIONS The following uses are permitted in EI2 in accordance with the stated conditions:

1. All uses permitted uses with conditions under Section 3.1.M.3.b of this Article.

2. Commercial, industrial laundries and dry cleaning establishments Only nonflammable or noncombustible materials are to be used in the cleaning

process and that portion of the structure on which a cleaning process is done is at least fifty (50) feet from a residential zone

3. Garages for repair of diesel trucks, semi trucks, buses and other heavy vehicles and equipment

All work must be performed in a completely enclosed building or in an area fully enclosed by a solid fence of a minimum six (6) feet in height. There shall be no open storage of parts, salvage materials or vehicle bodies, junk vehicles or equipment for salvage purposes. Only those 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.

3.1.O.4 EI3 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. All uses requiring an SUP under Section 3.1.N.4 of this Article

15. Manufacturing of firearms

2. Asphalt and concrete batching plants 16. Manufacturing of meat and poultry products 3. Auction yards for livestock sales 17. Manufacturing paint, varnish, turpentine and

other similar types of material 4. Breweries 18. Manufacturing or storage of explosive materials 5. Curing, tanning, dressing, dyeing and storage of animal hair, hides and raw fur

19. Petroleum refineries

6. Dairies 20. Pulp goods, molded or pressed, paper products, including the manufacturing of paper

7. Distilleries 21. Sanitary landfills 8. Drilling of oil, gas, wells or other similar types of shaft mining

22. Scrap iron or junk storage, scrap paper or rag storage or bailing, automobile wrecking yards and storage of junk or wrecked motor vehicles

9. Facilities for killing processing poultry 23. Stockyards or slaughterhouses 10. Fat rendering plants 24. Stone milling or processing plants 11. Gravel, sand or dirt removal 25. Storage of bulk, or warehouse for, materials

such as asphalt, brick, cement, gasoline, grease, oil, iron, steel, lead, lime, liquefied petroleum gas, paint, plaster and roofing


12. Iron and steel foundries or fabrication plants, forging, rolling or heavy weight casting

26. Storage or disposal sites for hazardous materials

13. Manufacturing of disinfectants, insecticides, dyes, ink, tar roofing or waterproofing

27. Mobile homes on a permanent basis for the purpose of housing security guards pursuant to Section 3.01. Conditions shall be attached regarding unobtrusive sitting and screening.

14. Manufacturing of fertilizers

ADJACENT ZONING:

North ER3M Residential, 1-acre min. new lot size, single-family site-built and mobile homes.

South: ER3 Residential, 1-acre min. new lot size, single-family site-built homes

West EI1 Light Industrial District, 5,000 sq. ft. minimum lot size

East ER5M Residential, 1/3-acre min. new lot size, single-family site-built and mobile homes.

Physical Characteristics of the Site: The 4 parcels totaling 8.85-acres are topographically flat bounded on the east by the Doña Ana Site 1 Dam and by residential properties west, south and to the north of the subject properties. The Dona Ana Dam Site # 1 Drain crosses Lot #1 from east to west. The 4 parcels contain a 2,000 sq. ft. main workshop/bay and office building, an approximate 2, 000 sq. ft. three bedroom residence (occupied by owner), a 360 sq. ft. scale house, and two shops/storage buildings totaling approximately 2,500 sq. ft.

Agency Comments:

DAC Fire Marshal: Zone change approved. County Building Inspection: No permits are required. County Engineering Department:

1. Refer to DAC Flood for any flood related issues. 2. Adhere to any applicable standards, such as NMED specifications.

County Flood Commission: 2nd Review

1. Pursuant to FIRM #35013C0525 E, a portion of property 4-006-129-137-460 (aka PT of LT 1, Blk 20, EBL&T Sub-A Replat #31) is within a FEMA Special Flood Hazard Area, Flood Zone A.

2. The Flood Commission would like to recommend that if the following zone change is approved a provision be set in which:

a. Only the existing use (Auto/Metal Salvage Yard) will be permitted and no other uses will be allowed under the proposed zone change.

b. No future expansions of the existing business (i.e. additional equipment, building, etc.).


3. Please contact our office with any questions or concerns regarding our comments. Our number is 575-525-5558.

DAC Environmental Codes: Need to have junk stacked in piles and uniform, not spread out. DAC Rural Addressing Coordinator: No comments. New Mexico Environmental Department:

1. Liquid Waste: No comment 2. Solid Waste: No comment 3. Drinking Water: No comment 4. Hazardous Waste: No comment. 5. Air Quality Bureau: Based on information provided, this facility does not need an air

permit. We have not required any other such facility to have an air permit.

New Mexico Department of Transportation: No significant impact to the state’s highway system.

Elephant Butte Irrigation District: 2nd Review No objection provided that the zone change is limited to existing uses only. No other uses that are permitted under the proposed zone change is allowed or be permitted. City of Las Cruces MPO: .Not located on thoroughfare. Closest is Del Rey Blvd. (Principal Arterial)

City of Las Cruces Planning: No comments received. State Engineer’s Office: No comments

Community Notification: Letters of notification were sent to twenty-two (22) property owners. Three phone calls were received by staff from Mr. Steven Trujillo (#3 on List), Mr. Ramon Olayo (#5 on List), and Mr. Bill Sparks (#’s 17 & 22 on List) in opposition to the zone change. The three complained about the access issues, encroachments on property by Mr. Black’s operation, trespassing, a lack of fencing around property, and the proper disposal of hazardous waste materials. No letters of support were received. Signs were placed on the properties July 1, 2009, and the case was advertised on June 28, 2009 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 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 (ETZ) has jurisdiction to review this case.

4. The purpose of the EI3 district is to provide for a variety of industrial uses that, due to the

nature of the businesses, may cause some levels of air or noise pollution. 5. The granting of a Special Use Permit will bring this legal non-conforming use into

conformance with the ETZ Ordinance, Section 3.1.O.4.22.

2.1.D Evaluation 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. There is one existing residential structure located on these properties. It is inhabited by Mr. Tom Black. 2.1.D.2 Determination of potential traffic flows (average daily traffic) and where they will impact the transportation system. The average daily traffic at this business varies from 20-25 vehicles per day. This traffic accesses Tom Black’s Auto Salvage from Thorpe Rd. east of Dona Ana, NM. Thorpe Rd. dead ends at the access point to this operation. There is adequate access to and from this site. Thorpe Rd. can be accessed from I-25 at the Dona Ana Interchange, Del Rey Blvd east of Dona Ana and by numerous County and State roads located west of Dona Ana.. 2.1.D.3 Determination of need for new commercial activity. This is an existing commercial operation interested in compliance with ETZ Regulations. 2.1.D.4 Determination of potential water and sewage needs. This operation is currently served by a commercial well (LRG-12555). Water supply is adequate for both residential and commercial operations. This operation is currently served by septic tanks which are adequate for both commercial and residential operations. 2.1.D.5 Evaluation of existing infrastructure capacities and an analysis of the ability of the existing system to accommodate the new development. This operation is an existing business. The infrastructure supporting this operation is adequate and has been in operation since 1980. 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. This operation is fully contained on its own property and does not anticipate expanding onto any other tracts of land..


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. Tom Black’s Auto Salvage is located on land that was cleared and leveled for construction of the Flood Control Dam located immediately east of and adjacent to the site. There are no cultural, historic or areas of threatened and endangered species of plant or animal. 2.1.D.8 Any analysis required should be undertaken and paid for by the developer and verified by the ETZ Commission. Within reason, Tom Black’s Auto Salvage will obtain analysis and reports as requested by the ETZ Commission. 2.1.D.9 Determination of impact of a proposed zone change on surrounding properties. There would be no impact of the proposed zone change and issuance of the Special Use Permit. The zone change is being requested to update and obtain consistent zoning designations for the 4 tracts that comprise this operation. The operation exists and presents no new impacts to surrounding properties.


Site Plan


Narrative


2.1.D Evaluation Criteria


Northern Access Easement Letter


Plat of Northern Easement


Northern Easement Signature


Water Well Data


NPDES Permit


Excerpt From Tom Black’s Auto Salvage Pollution Prevention Plan

dona ana county · 16.07.2009 · combined 8.85-acre subject parcels are located north of the city...

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