DOÑA ANA COUNTY
COMMUNITY PLANNING AND
ECONOMIC DEVELOPMENT DEPARTMENT
Building ▫ Planning ▫ GIS
845 North Motel Boulevard ▫ Las Cruces, New Mexico 88007
(505) 647-7350 ▫ Fax: (505) 525-6131
Toll Free: 1 (877) 827-7200 ▫ TTY: (505) 525-5951
www.donaanacounty.org
CASE # Z07-009
EXTRA TERRITORIAL ZONING COMMISSION
CASE ANALYSIS
APPLICANT:
CASE NUMBER:
REQUEST:
EXISTING ZONING:
PROPOSED ZONING:
LOCATION:
Jacob Chavez
Z07-009
Zone Change for a proposed 19 lot residential subdivision
ER2
ER3/4
Northwest of Las Cruces city limits, fronting Shalem Colony Trail at
Chavez Rd.
STAFF ANALYSIS
CASE #Z07-009/Chavez: The applicant is requesting a Zone Change on 19.14 acres from ER2
(Residential, 2-acre minimum new lot size, single-family site-built homes) to ER3/4 (Residential .75-acre
single-family site-built homes). The Zone Change will accommodate a proposed ETZ 19 lot subdivision.
The subject parcel is located northwest of the Las Cruces city limits, fronting on Shalem Colony Trail at
Chavez Road, and can be further identified by Map Code Numbers 4-003-132-260-430.
Staff recommendation: Based on the analysis and findings of fact staff recommends denial of Case#Z07009 because the request:
1. Is not in the public interest,
2. Inconsistent with the goals of the ETZ Comprehensive Plan,
3. Incompatible with adjacent existing zoning and land-uses,
4. May have negative impacts on existing properties to include: noise, light, and traffic pollutions,
5. May be detrimental to the public health, safety and welfare of potential and existing residents due to
proposed FEMA Special Flood Hazard Area
PROPERTY DESCRIPTION: The vacant 19.14-acre subject parcel is relatively flat, absent of any
exceptional topography. Currently the property is cultivated. The parcel is accessible directly from Shalem
Colony Trail. According to the Dona Ana County Flood Commission, the subject parcel is within a
proposed FEMA Special Flood Hazard Area A.
COMMUNITY NOTIFICATION: Letters of notification were sent to 15 property owners. No public
input letters were received.
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ADJACENT ZONING:
North
ER2
South
ER2
West
ER3M
West
ER1
East
N/A
Residential District, single-family site built homes, 2-acre minimum lot
size
Residential District, single-family site built homes, 2-acre minimum lot
size
Residential District, single-family site built homes and mobile homes, 1acre minimum lot size
Residential District, single-family site built homes, 5-acre minimum lot
size
Rio Grande
PROPOSED FINDINGS OF THE ETZ COMMISSION:
1. The request of this application is consistent with the requirements of the Las Cruces Extraterritorial Zoning Ordinance Article II, Section 2.1.C/Application Procedures and Article II,
Section 2.1.G/Public Hearing and Notice Requirements.
2. The subject parcel is within the West Mesa Area, identified by the ETZ Comprehensive Plan.
The West Mesa area is characterized by recent developments such as Picahco Hills to the West
and large-lot farming lots along Shalem Colony and Rio Grande.
3. The West Mesa area soils, along the river valley are predominantly sandy-clay-loam mixtures
with good drainage. These soils have moderate to severe limitations for septic tank percolation
and severe limitation for lagoon treatment.
4. The Zone Change request is inconsistent with the following ETZ Comprehensive Plan 20002020:
5. Goal 6, Objective 6.3, Policy 6.3.3: Locate site-built homes, manufactured housing types and
urban subdivisions within existing or planned wastewater service areas.
6. Goal 7, Objective 7.1: Identify potential areas suitable for urban development and provide for an
orderly and efficient transition from rural to urban land use.
7. Goal 5, Policy 5.1.3: Non-farm uses permitted with farm use zones should be minimized to allow
for maximum agricultural productivity.
8. Goal 5: Preserve and maintain agricultural lands.
9. Goal 4: Protect the public from contaminated water supplies, and insure access to liquid waste
disposal services.
10. Goal 1, Objective 1.2, Policy 1.2.3: Large-lot rural densities should be encouraged in areas
where wastewater services are not available.
11. Goal 1, Policy 1.1.3: Discourage “leap-frog” development in areas that lack necessary
infrastructure, such as roads and utilities.
12. If granted the requested zone change would create spot zoning. The ETZ Ordinance 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.
13. The ETZ Commission may recommend a Zone Change to the ETA as specified by the Extraterritorial 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:
2.1.D.1 Determination of the number of homes, population, and population demographics.
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2.1.D.2 Determination of potential traffic flows (average daily traffic) and where they will impact the
transportation system.
2.1.D.3 Determination of need for new commercial activity.
2.1.D.4 Determination of potential water and sewage needs.
2.1.D.5 Evaluation of existing infrastructure capacities and an analysis of the ability of the existing
system to accommodate the new development.
2.1.D.6 The difference between capacity and impact should be stated. Those areas which are
appropriate for the developer to underwrite should be negotiated between local government and
developer.
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.
2.1.D.8 Any analysis required should be undertaken and paid for by the developer and verified by
the ETZ Commission.
2.1.D.9 Determination of impact of a proposed zone change on surrounding properties.
The applicant did address the Evaluation Criteria; please see pages 13 to 14.
AGENCY COMMENTS:
County Building Inspection: A building permit is required and must meet all County, State and code
requirements.
County Engineering Department / County Traffic: Denial
1. The requested Zone Change from ER2 to ER3/4 does not correspond with the surrounding zones.
2. Also, subject parcel maybe located in the FEMA Flood Zone. May want to contact DAC Flood
Commission
County Flood Commission: Denial
1. Currently, subject property not to be within a FEMA Special Flood Hazard Area, and can be
identified on FIRM No. 35013C0525E
2. The proposed Digital Flood Insurance Rates Maps (DFIRMs) have identified the subject property to
be within a proposed FEMA Special Flood Hazard Area, Flood Zone A. This means that pad sites
would have to be raised at or above the Base Flood Elevation (BFE), and the purchase of flood
insurance if not mandatory for federally backed loans and mortgages, would be highly
recommended.
3. At this time, it is difficult to support a zone change that would increase the density of a proposed
flood zone area along with decertification of the river levee system network. The Rio Grande is
owed and maintained by the International Boundary and Water Commission (IBWC) and FEMA
has requested IBWC upgrade and certify their river levee network. As it stands, the river levee is
not designed and constructed to the current design standards.
Las Cruces MPO: No recommendation
1. Shalem Colony is classified as a Minor Arterial on the MPO Thoroughfare Plan and at the time of
any subdivision of the parcel will require 100’ ROW dedication – 50’ from centerline of the
roadway.
2. It currently functions as a Minor Arterial.
Las Cruces City Planning: Conditional Approval
1. Has no outstanding issues, provided NMED has no issues with the future plotting of 0.75-acre lots
with individual septic systems in close proximity to the Rio Grande and its floodplain.
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New Mexico Department of Transportation: No recommendation
1. The department is concerned that eventually the Shalem Colony Rd may need to be widen to better
accommodate growth north of Picacho and improve existing signal at Picacho.
DAC Fire Marshal: Approval
County Zoning Enforcement Department:
1. No comment received.
New Mexico Environmental Department:
1. No comment received, see attached letter addressed to applicant.
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Existing FIRM:
Current Flood Zone map, aka FIRM (Flood Insurance Rate Map).
NFIP / FEMA Definition of FIRM:
Flood Insurance Rate Map (FIRM)--Official map of a community on which FEMA has
delineated both the special hazard areas and the risk premium zones applicable to the
community.
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Proposed DFIRM:
Flood Zones shown on this map reflect conditions proposed by Preliminary Digital Flood Insurance Rate Maps.
Please check current Flood Insurance Rate Maps (FIRM) for current flood zone designations.
Brief Background Information:
The Federal Emergency Management Agency (FEMA) has released preliminary Digital Flood Insurance Rate
Maps (DFIRMs) and corresponding Flood Insurance Study (FIS) Report for Dona Ana County. These DFIRMs
contain proposed Special Flood Hazard Areas as determined by Flood Insurance Studies performed by the City
of Las Cruces, the Dona Ana County Flood Commission and FEMA.
This project is part of FEMA’s initiative to modernize FIRMs nationwide. The flood hazard information
presented on the DFIRM includes Special Flood Hazard Areas which are the areas that would be
inundated by the 100-year flood and Base Flood Elevations (BFEs). Due to the decertification of portions
of the Rio Grande levee system, some areas along the river are in newly designated FEMA Special Flood
Hazard Areas
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