CITY OF RIO RANCHO ORDINANCE
ORDINANCE NO 85 ENACTMENT NO 08 22
1 AMENDING THE ZONING DESIGNATION FROM THE R 1 SINGLE FAMILY
2 RESIDENTIAL DISTRICT TO THE SU SPECIAL USE FOR LIMITED C 1 RETAIL
3 COMMERCIAL USES DISTRICT FOR THE PROPERTY LEGALLY DESCRIBED AS
4 CORRALES NORTH UNIT 3 TRACT A 1 1 51 ACRES GENERALLY LOCATED AT
5 THE SOUTHEAST CORNER OF THE INTERSECTION OF THE PAT DARCO
6 HWY NEWMEXICO STATE HWY 528 AND IDALIA RDWILLOWCREEK RD
7
8 NOW THEREFORE BE IT ORDAINED BY THE GOVERNING BODY OFTHE CITY OF
9 RIO RANCHO
10
11 Section 1 Purpose
12 To amend the zoning designation from the R 1 Single Family Residential Districtto the
13 SU Special Use for limited C 1 Retail Commercial uses District forthe property legally
14 described as Corrales North Unit 3 Tract A 1 1 51 acres generally located at the
15 southeast corner of the intersection ofthe Pat D Arco HwyNew Mexico State Hwy 528
16 and Idalia Rd Willow Creek Rd
17
18 Section 2 Land Use
19 A Permitted and conditional usesshall be per the C 1 Retail Commercial
20 District except for the following prohibited uses
21 1 Bars and lounges excluding full service liquorin association with a
22 restaurant
23 2 Undertaking establishments
24 3 Club houses buildings for fraternal organizations non profit public
25 service organizations
26 4 Hospitals
27 5 Drivein ordrive thru restaurants excluding carry out service
28 6 Bowling alleys
29 7 Adults only bookstores adults only motion picture theatres adult
30 entertainment centers
31 8 Massage parlors and saunas unless associated with a fitness center
32 orgym
33 9 Recycling collection centers
34 10 Self storagefacilities
35 11 Nursinghomes
36 12 Automotive dealerships
37 13 Gasoline service stations
38 B Development shall occur in conformance with the C 1 Retail
39 Commercial District and the following additional requirements
40 1 Site plan review and approval by the Planning and Zoning Board
41 shall berequired prior to issuance of anybuilding permits
42 2 More stringent buffering may be required
43 3 All permitted and conditional usesshall remain closed between the
44 hours of11 00 PM and 5 00 AM
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
4 All free standing signs shall be monument signs as defined in the Cityof Rio Rancho Code of Ordinances Chapter 156 02 B
5 All lighting shall beshielded from neighboring residences
6 All mechanical equipment shall be screened from pedestrian and
residential view
7 Vehicularaccess shall be restricted to Willow Creek Rd
Section 3 Severability Clause If any section paragraph clause or provision of
this Ordinance orany section paragraph clause orprovision ofany regulation promulgated hereunder shall for anyreason be held to be invalid unlawful or
enforceable the invalidity illegality orunenforceability of such section paragraph clause orprovision shall notaffect the validityof the remaining portions of this
Ordinance ortheregulation sochallenged
Section 4 Effective Date This Ordinance shall become effective ten days after adoption
ADOPTED THIS 27TH DAY OF FEBRUARY 2008
A JD
chael J iams Mayor
3 3 o
Date
ATTEST
ORCity of Vision
o s
CITY OF RIO RANCHO GOVERNING BODY
AGENDABRIEFING MEMORANDUM
REFERENCE NO 1
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43
AGENDA DATE November 14 2007
DEPARTMENT Development Services
SUBJECT Zone Map Amendment
CASE NO 07 100 00060
PURPOSE The applicant requests to amend the zoning designation from the
R l Single Family Residential District to the SU Special Use for
limited C l Retail Commercial uses District for the property legally described as Corrales North Unit 3 Tract A l 1 51 acres
generally located at the southeast cornerof the intersection of the Pat D Arco HwyNew Mexico State Hwy 528 and Idalia Rd Willow Creek Rd
PROPERTY Corrales North Unit 3 Tract A l
APPLICANT Shillelagh LLC
2401 Manzano Loop
Rio Rancho NM 87144
AGENT Lastrapes Spangler and Pacheco P A 333 Rio Rancho Blvd Suite 401
Rio Rancho NM 87124
BACKGROUND
The applicant Shillelagh LLC controls 151 acres legally described as Corrales
North Unit 3 Tract A l henceforth Tract A l On August 10 2007 Lastrapes
Pacheco and Spangler P A submitted a proposed zone map amendment for the aforementioned property to the Development Services Department on behalf of Shillelagh LLC
Tract A l and neighboring Tract A 2 which was previously part of a larger 4 00
acre tract legally described as Corrales North Unit 3 Tract A henceforth Tract A
appeared before the Planning and Zoning Board almost two years prior On October
11 2005 the Planning and Zoning Board entertained a request from the applicant
Doss Allensworth and his agent Jim Strozier of Consensus Planning Inc to amend
the zoning ofTract A from the R l Single Family Residential District to the C l Retail Commercial District At that meeting the Planning and Zoning Board voted to postpone the request to their October 25 2005 meeting to permit a dialogue
between the applicant and neighboring residents The proposed zone map
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1 amendment was subsequently postponed at the October 25 2005 meeting to the
2 November 8 2005 meeting
3
4 At the November 8 2005 meeting the applicant presented a zone map amendment 5 from the R 1 Single Family Residential District to the SU Special Use for C 1
6 Retail Commercial District The primary intent of the Special Use District was to 7 restrict certain permitted and conditional uses allowed in the C 1 Retail
8 Commercial District to bolster compatibility with the adjoining neighborhood and
9 require site plan review and approval by the Planning and Zoning Board prior to
10 development of Tract A At this meeting the Planning and Zoning Board approved
11 an amendment to exclude gas stations from the Special Use District and ultimately
12 made a recommendation of denial to the Governing Body
13
14 The proposed zone map amendment was scheduled to be heard by the Governing
15 Body on May 10 2006 but was deferred from the agenda at the applicant s
16 request Subsequently the agent submitted a letter to the Development Services
17 Department on May 25 2006 expressing the applicant s intent to withdraw the 18 proposed zone map amendment from consideration
19
20 LAND USE
21 Corrales North Unit 3 Tract A 1 is a vacant property located at the southeast 22 cornerof the intersection of the Pat DArco HwyNew Mexico State Hwy 528 and
23 Idalia RdWillow Creek Rd It was created by a summary plat recorded onJune 29 24 2006 from the aforementioned division of Tract A Tract A was created by the
25 Corrales North Unit 3 plat recorded on July 18 1990 The Corrales North Unit 3 26 plat did not reference any potential use for Tract A
27
28 Nevertheless at the June 26 1990 meeting of the Planning and Zoning Commission
29 in which the final plat for Corrales North Unit 3 was approved the Commission 30 discussed the land useand zoning status of Tract A On the subdivision data sheet 31 the applicant AMREP Southwest Inc noted Tract A as reserved for future
32 development As to the type of development that the applicant was planning to
33 pursue the minutes to that meeting note Commissioner Moore stated that he did 34 not feel that identifying the single tract as one for future development is
35 adequate He noted that if the tract is proposed to be commercially zoned it should
36 be so indicated Ultimately the applicant did not follow the advice of
37 Commissioner Moore and more explicitly label Tract A for future commercial 38 development nor did the applicant seek a commercial zoning designation
39 subsequent to approval of the final plat Instead residential home construction 40 ensued while Tract A remained vacant and subject to the uses permitted by the R 1
41 Single Family Residential District 42
43 The properties surrounding Tract A 1 are comprised of several different uses To 44 the north opposite Willow Creek Rd are single family residential homes situated 45 on 1 5 to 1 4 acre lots fronting Spruce Mountain Lp and a small portion ofa larger
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1 tract held in trust by the Archaeological Conservancy To the south is the 165 foot 2 wide Willow Creek West Channel that conveys offsite flows from the west and onsite 3 flows from Corrales North Unit 3 to the Rio Grande Additional single family
4 residential homes are situated on roughly lj3 acre lots on the south side of this 5 drainage channel On the west side of the Pat D Arco Hwy jNew Mexico State Hwy
6 528 and south side of Idalia Rd are 50 acres of vacant commercial property known
7 as Tampico North Opposite Tampico North on the north side of Idalia Rd are 8 vacant lots within the town of Bernalillo that front the Pat D Arco HwyNew Mexico
9 State Hwy 528 and Sandoval County s existing judicial building and 69 acre master
10 planned government commercial center and multi family residential center known 11 as La Plazuela de Sandoval
12
13 ZONING
14 The subject property and the surrounding properties within Corrales North Unit 3 15 are zoned R l Single Family Residential Tampico North is zoned SU Special Use
16 for C l Retail Commercial La Plazuela de Sandoval and the adjoining properties in
17 the Town of Bernalillo are not subject to the City s zoning ordinances but will likely
18 reflect government commercial and multi family residential development
19
20 The proposed SU Special Use for limited C l Retail Commercial uses District 21 would restrict several permitted and conditional uses allowed in the C l Retail 22 Commercial District in order to preserve the neighborhood character of Corrales 23 North Unit 3 The restricted uses proposed by the applicant and bolstered by staff
24 include
25 Bars and lounges excluding full service liquor in association with a
26 restaurant
27 Undertaking establishments
28 Club houses buildings for fraternal organizations non profit public service
29 organizations
30 HospitaIs
31 Drive in or drive thru restaurants excluding carry out service requested
32 by staff
33 Bowling alleys
34 Adults only bookstores adults only motion picture theatres adult
35 entertainment centers
36 Massage parlors and saunas unless associated with a fitness center or
37 gym
38 Recycling collection centers
39 Self storage facilities
40 Nursing homes
41 Automotive dealerships
42 Gasoline service stations requested by staff
43 44
Page 3 of 9
1 In addition to the above restricted uses the SU Special Use for limited C 1 Retail 2 Commercial uses District as modified by staff would also place additional design
3 constraints upon development to ensure compatibility with surrounding residences
4 First additional buffering beyond what is noted in the C 1 Retail Commercial
5 District may be required to further mitigate potential noise light or visual impacts of
6 structures refuse containers parking areas etc Second permitted and conditional 7 uses will be allowed to operate only between the hours of 5 00 AM and 11 00 PM 8 thereby restricting 24 hour establishments Third all free standing signs must be
9 monumentsigns as defined in the City of Rio Rancho Code of Ordinances Chapter
10 156 02 8 so that they are consistent with existing subdivision signage and do not
11 dominate the neighborhood view Fourth all lighting must be shielded from 12 neighboring residences to avoid light trespass Lastly all mechanical equipment
13 must be screened from pedestrian and residential view 14
15 ACCESS
16 While Tract A 1 has frontage on both the Pat D Arco HwyNew Mexico State Hwy
17 528 four lane state highway to be widened to six lanes and Willow Creek Rd 68 18 foot wide collector street 86 feet wide at its intersection with the Pat D Arco
19 HwyjNew Mexico State Hwy 528 access will be restricted to Willow Creek Rd and 20 may be subject to the purview of the New Mexico State Department of
21 Transportation All proposed accessto and from Tract A 1 will also require the
22 approval of the Department of Public Works in conjunction with a Traffic Impact
23 Analysis submitted at the time of development
24
25 The plat depicting Tract A 1 also includes a 50 foot wide reciprocal access easement
26 encumbering the common property line shared by Tract A 1 and the neighboring
27 property to the east Corrales North Unit 3 Tract A 2 This access easement would 28 permit shared access to Willow Creek Rd at the location identified on the plat if
29 warranted by a Traffic Impact Analysis and approved by the Department of Public
30 Works 31
32 DRAINAGE
33 At present much of the stormwater originating from Tract A 1 drains south towards 34 the Willow Creek West Channel If developed in conformance to the zone map
35 amendment all drainage improvements would be required to conform to SSCAFCA s
36 drainage policy and applicable City ordinances This would include water quality
37 mitigation and the construction of an onsite detention pond that releases
38 stormwater to the Willow Creek West Channel at or below historic rates The Willow 39 Creek West Channel also serves as an open space buffer between Tract A 1 and 40 existing residences on the south side of the Willow Creek West Channel
41
42 UTILITIES
43 Water wastewater and dry utilities are all within close proximity to the subject
44 property An 8 inch waterline is located within Willow Creek Rd A 45 foot sanitary
45 sewer easement that encumbers an existing 15 inch sanitary sewer line is located Page 4 of 9
1 within and adjacent to Tract A 1 s frontage along Willow Creek Rd Gas electric 2 phone and cable services were installed in the vicinity with the construction of 3 Corrales North Unit 3
4
5 CONFORMANCE WITH CITY ORDINANCES AND PLANS 6
7 CONFORMANCE WITH THE CITY ZONING ORDINANCE
8 City of Rio Rancho Code of Ordinances Chapter 150 07 A Amendments requires
9 that an applicant file a zone map amendment to the Governing Body through the
10 Planning Zoning Board
11
12 FINDING The zone map amendment conforms to this ordinance
13 CONFORMS
14
15 City of Rio Rancho Code of Ordinances Chapter 154 14 A 1 Special Use District 16 requires that the applicant submit a site plan to accompany a zone map amendment 17 to the Special Use District The applicant is requesting to defer the submission and 18 approval of a site plan If the SU Special Use for limited C 1 Retail Commercial 19 uses District is approved by the Governing Body the applicant would submit a site 20 plan for review and approval to the Planning and Zoning Board prior to development
21 of the subject property to ensure that the proposed development is compatible with
22 the neighboring residential uses This procedural request conforms to past
23 implementation of Chapter 145 14 A 1
24
25 FINDING The zone map amendment conforms to this ordinance
26 CONFORMS
27
28 CONFORMANCE WITH THE VISION 2020 INTEGRATED COMPREHENSIVE 29 PLAN PREFERRED GROWTH SCENARIO MAP
30 The Vision 2020 Integrated Comprehensive Plan Vision 2020 Preferred Growth 31 Scenario Map notes all of Corrales North Unit 3 including the subject property as
32 Developed Areas with the exception of the drainage channels and open spaces 33 which are listed as Open Space Trails When the Vision 2020 Preferred Growth 34 Scenario Map was created this land use designation was given to all areas of the
35 City subdivided and developed following incorporation in 1981 Tract A 1 though a
36 part of Corrales North Unit 3 remains vacant and undeveloped
37
38 The Vision 2020 Preferred Growth Scenario Map does give some insight as to the
39 character of development in the vicinity of Tract A 1 Tampico North at the
40 southwest corner of the intersection of the Pat D Arco HwyNew Mexico State Hwy
41 528 and Idalia RdWillow Creek Rd is designated Commercial In line with this 42 designation Sandoval County has expressed an intent to encourage commercial 43 government and multi family usesat La Plazuela de Sandoval
44
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1 The Vision 2020 Preferred Growth Scenario Map land use designation and
2 supporting zone map amendment forTampico North and the master plan for La
3 Plazuela de Sandoval document the intent of the City and County to foster
4 commercial development at this intersection These approved documents also 5 reflect a change in surrounding conditions in favor of commercial development as
6 they were adopted by their respective agencies over 10 years after following the
7 platting of Corrales North Unit 3 8
9 Because of their relative size Tampico North 50 acres and La Plazuela de
10 Sandoval 69 acres should be considered destination oriented developments rather
11 than neighborhood oriented developments On the contrary the Special Use
12 District proposed for Tract A 1 seeks to promote neighborhood oriented commercial 13 development at this intersection and provide services at a scale not available in this 14 vicinity
15
16 As aforementioned the developer of Corrales North Unit 3 AMREP Southwest Inc 17 had also intended to reserve Tract A 1 previously Tract A for future commercial 18 development According to the minutes of the final plat hearing of Corrales North 19 Unit 3 the Planning and Zoning Commission did not express opposition to this
20 request but urged the developer to more explicitly note its intent Furthermore 21 while the developer did not act on this request it seems illogical that the developer
22 intended to reserve the 4 acre tract for future residential development when they
23 were already platting and constructing on hundreds of lots in Corrales North Unit 3 24
25 While the Vision 2020 Preferred Growth Scenario Map and Planning and Zoning
26 Commission discussion support the commercial development of Tract A 1 it is 27 understood that Tract A 1 is adjacent to developed residential units and as such 28 may be subject to additional restrictions beyond what is present in the C 1 Retail 29 Commercial District to ensure compatibility with neighboring residences as noted
30 in the Zoning section of this agenda briefing memorandum The applicant s
31 request for a Special Use zoning reflects this concern 32
33 FINDING The Vision 2020 Preferred Growth Scenario Map and the
34 discussion of Tract A 1 as future commercial development at the
35 final plat hearing for Corrales North Unit 3 both support the zone
36 map amendment
37 CONFORMS
38
39 CONFORMANCE WITH THE VISION 2020 INTEGRATED COMPREHENSIVE
40 PLAN
41 Vision 2020 requires that all developments be evaluated based on their level of 42 conformance with Vision 2020 s Principles Policies and Actions The proposed zone
43 map amendment CONFORMS to the following Principles Policies and Actions 44 1 Create opportunities for neighborhood serving commercial usessuch as
45 shops markets and cafes to be located in residential areas 5 18 The zone
Page 6 of 9
1 map amendment will encourage neighborhood scale commercial development
2 in a residential area
3 2 Allow low density village scaled controlled development of limited commercial 4 uses at select major street intersections within residential areas 5 1 11 The
5 intersection of the Pat DArco HwyjNew Mexico State Hwy 528 and Idalia 6 RdjWillow Creek Rd is a signalized full access intersection of a future six 7 lane state highway and existing collector street
8 3 Encourage infill development of all undeveloped areas within the municipal
9 corporate boundary particularly where vacant land has immediate access to 10 utilities 5 1 12 Tract A 1 is vacant and adjacent to all utilities
11 4 Determine the compatibility of proposed development and land uses in a 12 developed or developing residential area and support impact mitigation
13 measuresto include separating neighborhoods from non local street traffic or
14 providing buffering and design elements to separate incompatible land uses
15 5 7 5 The proposed zoning ordinance and site plan requirement will ensure
16 that the development of Tract A 1 is compatible with the surrounding
17 neighborhood
18 5 Expand the Citys gross receipts tax base by supporting existing and recruiting
19 additional local retail and office uses 5 8 2 The zone map amendment 20 supports expansion of the City s tax base
21 6 Make Rio Rancho a place where on can live work shop and play without
22 leaving the City 5 8 2 The zone map amendment supports the Citys
23 commercial self sufficiency
24 7 Redevelopment and infill development shall be promoted to increase the 25 economic viability ofareas where utilities are readily available 5 8 3 Tract 26 A 1 is an ideal infill property within Corrales North Unit 3 that is adjacent to
27 all utilities 28
29 ALTERNATIVES
30 The Governing Body has three alternatives on the disposition of this request and 31 may
32 1 Approve the zone map amendment 33 2 Deny the zone map amendment
34 3 Postpone its decision to allow for further review and consideration 35
36 DEPARTMENT RECOMMENDATION
37 The Development Services Department recommends that the Governing Body
38 APPROVE the zone map amendment 39
40 FINDINGS OF FACT 41
42 GENERAL FINDINGS
43 1 The Governing Body hasjurisdiction overthe applicant s request for a zone
44 map amendment
45 2 The property owner has authority to apply for a zone map amendment
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