dona ana county - extra-territorial zoning ......2015/04/16 · the er1 zoning district is intended...

Special Use Permit – April 16, 2015 of 23 Case # SU15-003/Johnson - Moten

MEETING DATE: April 16, 2015 CASE #: SU15-003 REQUEST: Special Use Permit PURPOSE: Construct a 1,209 sq. ft. site

built accessory dwelling (guest house – casita) for family members and guests.

PROPERTY OWNER/ Genius Johnson & Lurethia APPLICANT Moten, Pat Bellistri, Agent LOCATION: 12745 Canyon De Oro Las Cruces, NM 88011 LEGAL DESCRIPTION: A tract east of Las Cruces,

Doña Ana County,NM located in Sec 23, Twp 23 S, Rge 3 E, as recorded October 1, 2010, Instrument # 1308282.

EXISTING ZONING: ER1 PROPERTY SIZE: 7.49-acre MAP CODE: 03-29436 RECOMMENDATION: Approval CASE MANAGER: Steve Meadows

EXTRA-TERRITORIAL ZONING COMMISSION

DOÑA ANA COUNTY COMMUNITY DEVELOPMENT DEPT. Doña Ana County Government Complex

845 N. Motel Blvd., Las Cruces, New Mexico 88007 Office: (575) 647-7250

REPORT CONTENTS: (1) Summary, (2) Applicable Policies and Ordinances, (3) Staff Analysis, (4) Site Plan and Supporting Documents, (5) GIS Information & Maps


Surrounding Zoning and Land Uses

BACKGROUND:

Existing Conditions/Zoning The 7.49-acre subject property is an irregularly shaped residentially developed parcel containing a 3,739 sq. ft. site built residence (constructed in 2004) with a 1,803 sq. ft. attached garage. The subject property is located within an ER1 (Residential, 5.0-acre minimum new lot size, single family site built homes) Zoning District. Water to the property is provided by a private water well (LRG-8083). The existing septic system (DA040304) provides wastewater disposal to the residence and a new NMED approved septic system (DA150057) will provide waste water disposal services to the accessory dwelling. The site is accessed by Canyon De Oro, an unpaved private road, categorized as a local road by the Mesilla Valley MPO. The Request:

The applicants originally requested an Administrative Special Use Permit to construct a 1,209 sq. ft. (982 sq. ft. heated area) site built accessory dwelling (casita) for visiting family members and guests. A letter in opposition (Page 17) was received before the stated deadline for public input requiring the Special Use Permit Request to be heard by the ETZ Commission per Section 7.2.F of the ETZ Ordinance. APPLICABLE PLANS, POLICIES, AND CRITERIA FOR APPROVAL

1. Las Cruces Extra-territorial Zoning Ordinance, No. 88-02, as Amended 2.1.D EVALUATION CRITERIA The Planning Director and ETZ Commission may use the following general criteria when reviewing Special Use Permits and Zoning Applications. The ETZ Commission shall have the authority to require additional specific information on any of the following criteria of Article II, Section 2.1.D/Evaluation Criteria.

2.1.D.1 Determination of potential number of homes, population and population demographics.

SITE

ZONING

LAND USE

North EH Holding Zone, no development until properly zoned

Vacant BLM Land

South PD Performance District, allows flexibility for land use activities in rural areas of the County

Primarily vacant land with some residential uses

East EH Holding Zone, no development until properly zoned

Vacant BLM Land

West EH Holding Zone, no development until properly zoned

Vacant BLM Land


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 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.

Section 3.1 GENERAL DISTRICTS: PURPOSES AND USES General districts are the residential, commercial and industrial zoning districts. This Article outlines the intended purpose of each general district and states the permitted use and special uses for each district. Refer to the Official Zoning Map and to Section 1.5 for interpretation and conflict guidelines elsewhere in this Ordinance. PERMITTED USE DEFINED A permitted use is a use which is listed as permitted by right in a zoning district. Non-specified uses which are similar to those specified are also permitted by right except as otherwise restricted within this Ordinance. SPECIAL USE DEFINED A special use is a use which is of an unusual or unique character and which may be offensive or incompatible in some cases within a zoning district. A special use requires review and approval by the ETZ Commission to determine impacts of the use on the surrounding area. Special Use Permits for accessory dwellings shall follow Article 7, Section 7.2 of this Ordinance. 3.1.A.1 ER1M RESIDENTIAL DISTRICT 3.1.A.1.a PURPOSE

The ER1M zoning district is intended as a residential district of single-family, site-built homes and mobile homes on very large lots specifically designed for keeping of certain livestock with not more than one (1) dwelling unit and customary accessory buildings upon one (1) lot. It is intended that the ER1M district meet the demand for those lifestyles that include the raising and keeping of animals such as horses, ponies, mules, cows, pigs, sheep, goats and fowl in a rural atmosphere where the impact of such activities on those who do not share their lifestyle is negligible.

3.1.A.1.b DEVELOPMENT REQUIREMENTS

Minimum lot size: 5 acres (except cluster development) Minimum lot frontage 100 feet


Average lot width 300 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.A.1.c ER1M PERMITTED USES

The following uses are permitted by right in the ER1M district:

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

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

adopted by the ETZ Authority 6. Detached single-family site-built home 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, are subject to the provisions of Accessory Buildings under Article VII of this Ordinance.

9. Home Occupation, subject to Section 3.4 of this Ordinance. 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 insure overhead safety.

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

12. Recreational courts, such as tennis and basketball courts, and other similar uses.

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

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

15. Septic tanks in accordance with the regulations of the New Mexico Environmental Improvement Division (EID)

16. 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 from the date the building permit is issued, whichever is sooner.


17. 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.

18. Windmills built to withstand a 75 MPH wind and meet the latest adopted version of the Uniform Building Code.

19. Agricultural uses and agriculture related uses not specifically listed under Sections 3.1.A.1.d or 3.1.N.4 of this Article are permitted by right in the ER1M district.

3.1.A.1.d ER1M 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 and heliports 2. Boarding houses and rest homes 3. Cemeteries 4. Commercial stables and riding academies 5. Commercial kennels 6. Community and publicly owned recreation centers, clubhouses and similar

buildings and structures open to the public 7. Day care center or child care center for seven (7) or more children 8. Guest ranches 9. Parks, golf courses, churches, schools and other public or semi-public and

open recreational use. 10. Public utility installations and substations 11. Keeping of wild or exotic animals or fowl 12. Professional offices 13. Veterinary clinics and treatment centers 14. Wineries and/or wine tasting rooms

Section 3.1.A.2 ER1 RESIDENTIAL DISTRICT 3.1.A.2.a PURPOSE

The ER1 zoning district is intended as a residential district of single-family site-built homes on very large lots specifically designed for keeping of certain livestock with not more than one (1) dwelling unit and customary accessory buildings on one (1) lot. It is intended that the ER1 district meet the demand for those lifestyles that include the raising and keeping of animals such as horses, ponies, mules, cows, swine, sheep, goats and fowl in a rural atmosphere and in area where the impact of such activities on those who do not share this lifestyle is negligible.

3.1.A.2.b DEVELOPMENT REQUIREMENTS The development requirements set for the ER1M district as outlined in Section 3.1.A.1 of this Ordinance are applicable to the ER1 district.


3.1.A.2.c ER1 PERMITTED USES The permitted uses set for the ER1M district as outlined in Section 3.1.A.1.c of this Article are applicable to the ER1 district, EXCEPT that mobile homes are not allowed in the ER1 district.

3.1.A.2.d SPECIAL USE PERMITS

The Special Use Permit uses and conditions set for the ER1M district as outlined in Section 3.1.A.1.d of this Article are applicable to the ER1 district.

Section 3.3.B SPECIAL USE PERMITS (SUP’s)

3.3.B.1 GENERAL PROVISIONS AND PROCEDURES A special use is a use which is not permitted by right in a zoning district. A special use requires review and approval by the ETZ Commission to determine impacts on the surrounding area. The procedures for such approval are as follows:

3.3.B.2 APPLICATION PROCEDURE Applications for a Special Use Permit shall be obtained from the Doña Ana County Planning Division. There shall be a comprehensive statement included with each application indicating, in detail, the reason for the request, the purpose and use of the property, all improvements to be made and a site plan including the following:

a. location of existing and proposed structures, including dimensions and

setbacks b. existing and proposed vehicular circulation systems, including parking

area, storage areas, service areas, loading areas and major points of access, including street pavement width and right-of-way

c. location and treatment of open spaces including landscaping plan and schedule

d. lighting e. signs

A drainage facilities plan or environmental impact statement may be required by the ETZ Commission.

3.3.B.3 PUBLIC HEARING AND NOTICE PROCEDURE

A public hearing shall be held by the ETZ Commission for all Special Use Permits in accordance with the provisions of Section 2.1.G of this Ordinance.

3.3.B.4 REVIEW AND APPROVAL PROCEDURE The ETZ Commission may deny such SUP’s or may grant final approval in accordance with certain conditions, with right of appeal to the ETZ Authority in accordance with the provisions of Section 3.1. Approval may also be granted with additional conditions imposed which are deemed necessary to insure that the purpose and intent of this Ordinance is met and to protect and provide safeguards for persons and property in the vicinity. Variances in the dimensional requirements for a special


use may be granted by the ETZ Commission in accordance with the criteria in Section 2.3.B of this Ordinance.

3.3.B.5 TIME LIMITATIONS, REVOCATIONS AND DEVELOPMENT STANDARDS In addition to the imposition of conditions, the ETZ Commission may impose a time limitation on the SUP. If a special use is discontinued for a period of one (1) year, said permit shall automatically expire. All improvements shall be in accord with the development standards within the district, except as otherwise authorized by the SUP. There shall be no major revisions in the site plan of the original approved special use except as approved by the ETZ Commission. Minor revisions to a site plan, following final approval, may be subsequently approved by the planning staff without a public hearing. Major revisions to the plan are subject to a regular public hearing with the same requirements as an original application.

3.3.B.5.a Major revisions shall include, but are not limited to, the following: 1. any change in land use or intensity 2. modifications of vehicular traffic volumes or circulation 3. increase in size of property or change in location or configuration of

structures 3.3.B.5.b Minor changes that planning staff may approve are as follows:

1. provision of additional parking or landscaping 2. minor adjustment to parking, landscaping, lighting or signs 3. superficial changes to structures or slight variations in dimensions

Special Use Permits shall be eligible for renewal when limitations expire.

3.3.B.6 RECORDING OF THE SPECIAL USE PERMIT After approval, the Special Use Permit shall be issued by the Planning Director or his/her designee and shall include all information, conditions, reference to site plans and other provisions of the special use. The special uses, as granted, shall be shown on a Special Use Permit map indicating its location with a designation of ‘SU’ and the year of expiration. Special uses shall not be considered a zone change.

Section 7.2 DEFINITION: ACCESSORY LIVING QUARTERS

A subordinate structure used or capable of being used as living quarter which is incidental to but located on the same lot or parcel as the primary structure and not used for the conduct of business or commercial sheltering of individuals. Accessory dwellings may be permitted by an administrative Special Use Permit provided that all requirements of Section 2.6.C of the Ordinance are met. Accessory dwellings such as maid’s quarters, guest houses and other types of accessory dwellings that do not meet the requirements of Section 2.6.C of this Ordinance shall meet the requirements of this Section. 7.2.A All height, size and setback requirements listed in Section 7.1 shall apply except that accessory living quarters shall be limited to one thousand six hundred (1,600) square feet in size or less.

7.2.B All requirements set forth by the Uniform Building Code shall be met except in residential zones that allow mobile homes, a mobile home may be allowed as accessory living quarters, provided all other provisions of this Ordinance are met.


7.2.C All standards and requirements of the New Mexico Environmental Improvement Division shall be met for liquid waste disposal. 7.2.D Accessory living quarters shall not be used for the conduct of business or commercial sheltering of individuals. 7.2.E Accessory living quarters are limited to one (1) per primary dwelling unit. 7.2.F Accessory living quarters shall require a Special Use Permit application submitted to the Planning Division for administrative approval by the Planning Director. If the Planning Division receives any written or electronic correspondence in opposition to a Special Use Permit application by the deadline specified on the public notice, then the case shall go to a public hearing before the ETZ Commission, per Section 2.1.G of the Ordinance.

AGENCY COMMENTS DAC Engineering: 1) All storm water runoff from all impervious areas must be contained within lot. Provide ponding calculations. Pond shall contain 125% of all required volume. 2) Do not place building on any existing easements or septic system. 3) Follow the minimum required setbacks. 4) Adhere to all regulatory agency comments. Some agencies may require certain permits or licenses to be obtained. 5) When submitting for permits other comments may arise. DAC Flood Commission: 1) Pursuant to FEMA Flood Insurance Rate Map (FIRM) No. 35013C0675 E, the property is located within Flood Zone X (Areas determined to be outside the 500-yr floodplain) which is not a FEMA Special Flood Hazard Area. Please be aware that the property is still susceptible to localized flooding despite not being identified within a FEMA Special Flood Hazard area. 2) Additional reviews may warrant additional comments. Applicant’s Responsibility: 1) Drainage runoff as a result from increases to impervious area(s) such as construction/placement of a secondary residence will need to be maintained within the subject property boundaries. 2) A Drainage Maintenance Agreement is warranted for on-lot drainage facilities (i.e. on-lot ponding) pursuant to Article IV of the Dona Ana County Design Standards Ordinance Ch. 157-29.C.8. One is attached for your signature. DAC Fire Marshal: Any future structures will be required to meet all fire code requirements. DASO Codes: No codes violations. DAC Building Services: Building Permit # 27603 issued 6-1-04 for dwelling. Permits shall be issued prior to construction of the casita. DAC Addressing Coordinator: No comments. DAC Zoning Codes: No open case. NMED: Waste Treatment and Disposal: This property has 2 existing liquid waste permits (DA150057 & DA030304). Permit DA040304 was written for the existing 3-bedroom home. Permit DA150057 was written for a proposed 2-bedroom home. Permit DA150057 was


granted on 3/9/2015. Air Quality, Surface Drainage/Land Clearing/Dust Control – No comments. NMDOT: No significant impact to state’s highway system. Mesilla Valley MPO: Canyon de Oro is a local road. CLC Planning Dept: City staff has no issues and defers to County Planning for judgment of compliance with ETZ Zoning Code. If property were to be annexed into the City in the future, the second dwelling unit would not be in compliance with current single family zoning regulations. EBID: EBID has no objections. Out of district. State Eng. Office: No comments received. PUBLIC NOTICE / NOTIFICATION Original request for Administrative Special Use Permit: Eighteen (18) letters for notice of public input were mailed on March 9, 2015 to property owners within the area of notification with a March 24, (15 days) deadline for input. Signs were posted on the property. One letter in opposition (Page 17) received March 24, 2015, from Manuel & Maricarmen Gomez (#12 on Notification List). No other correspondence in opposition or support was received by March 24, 2015, the stated deadline for public input. April 16, 2015, ETZC Hearing: Eighteen (18) letters for notice of a public hearing were mailed on March 31, 2015 to property owners within the area of notification. Agenda posted in the Las Cruces Sun-News on March 29, 2015. Signs were posted on the property in a timely manner. No correspondence in opposition or support was received by April 8, 2015. STAFF ANALYSIS

Section 2.1.D Evaluation Criteria and Section 7.2 of the ETZ Ordinance shall be evaluated by staff for a recommendation of approval to the ETZ Commission for a decision. Section 2.1.D Evaluation Criteria (Applicants’ responses Pages 15-16): Staff’s analysis in bold. 2.1.D.1 Determination of the number of homes, population, and population demographics. Applicants are requesting the Special Use Permit to construct a guesthouse (casita) for visiting family members and guests visiting occasionally throughout the year per the submitted narrative (Page 14). 2.1.D.2 Determination of potential traffic flows (average daily traffic) and where they will impact the transportation system. Occasional traffic from guests will have a minor impact to Canyon de Oro, a private, unpaved road.


2.1.D.3 Determination of need for new commercial activity. No commercial activity is being proposed. 2.1.D.4 Determination of potential water and sewage needs. Applicant submitted a water well permit # LRG-8083 approved by the Office of the State Engineer for domestic use. Two NMED approved septic permits (DA040304 & DA150057) were submitted to staff (Pages 8-9) and will handle waste water disposal for the existing primary and proposed accessory dwellings. 2.1.D.5 Evaluation of existing infrastructure capacities and an analysis of the ability of the existing system to accommodate the new development. Existing infrastructure and new septic system are adequate for proposed accessory dwelling. 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. Water & wastewater infrastructure in place is permitted and has sufficient capacity for the proposed additional residence. 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. No evidence submitted to staff that demonstrates any rare or endangered species, or areas of historical significance at this residential site. DAC Flood Commission comments made no reference to any environmentally sensitive areas or flood zones associated with the arroyo and a review of the site plan (Page 13) and the close-up aerial (Page 18) indicates the proposed accessory dwelling is a sufficient distance from the arroyo and will have no impact on the arroyo along the northern boundary of the subject property. 2.1.D.8 Any analysis required should be undertaken and paid for by the developer and verified by the ETZ Commission. All fees have been paid by applicant and no additional analysis was required by any of the reviewing agencies. 2.1.D.9 Determination of impact of a proposed zone change on surrounding properties. Minimal additional residential impact anticipated as parcel has adequate infrastructure to accommodate proposed accessory dwelling and anticipated vehicle traffic. There should be no impact to surrounding properties because the large lots in the area allow sufficient distances between residential dwellings. Section 7.2 Accessory Living Quarters

7.2.A All height, size and setback requirements listed in Section 7.1 shall apply except that accessory living quarters shall be limited to one thousand six hundred (1,600) square feet in size or less. The proposed 1,209 sq. ft. (982 sq. ft. heated) site built accessory dwelling (casita) will be less than the 1,600 sq. ft. requirement and meets all setback requirements (Page 13) of the ER1 Zoning District. 7.2.B All requirements set forth by the Uniform Building Code shall be met except in residential zones that allow mobile homes, a mobile home may be allowed as accessory living quarters, provided all other provisions of this Ordinance are met. An approved Building Permit will be


required prior to beginning construction on the proposed guesthouse meeting the requirements of the Uniform Building Code. 7.2.C All standards and requirements of the New Mexico Environmental Improvement Division shall be met for liquid waste disposal. The applicant has two NMED approved septic permits on file for the property (Pages 8-9). 7.2.D Accessory living quarters shall not be used for the conduct of business or commercial sheltering of individuals. The applicant is not proposing any commercial business on the property and the proposed accessory dwelling will be for family members and guests. 7.2.E Accessory living quarters are limited to one (1) per primary dwelling unit. Only one accessory dwelling is being proposed. 7.2.F Accessory living quarters shall require a Special Use Permit application submitted to the Planning Division for administrative approval by the Planning Director. If the Planning Division receives any written or electronic correspondence in opposition to a Special Use Permit application by the deadline specified on the public notice, then the case shall go to a public hearing before the ETZ Commission, per Section 2.1.G of the Ordinance. One letter (Page 17) was received by staff on March 24, 2015, prior to the deadline for public input of C.O.B. March 24, 2015 for the original request for an Administrative Special Use Permit. Mr. and Mrs. Gomez are located west of the subject parcel and feel the proposed accessory dwelling will obscure their view of the Organ Mountains, have a negative impact on their property values, and set a precedent by circumventing the ER1 Residential Zoning with increased density to the properties in the 5-acre minimum lot size residential zoning. Due to the letter in opposition, this application shall be heard by the Extra-territorial Zoning Commission at the regularly scheduled meeting of April 16, 2015. Staff has determined that the applicant’s submittal has met the requirements of Section 2.1.D Evaluation Criteria and Section 7.2 Accessory Living Quarters of the ETZ Ordinance. STAFF 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 Section 2.1.G/Public Hearing and Notice Requirements.

2. 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 ETZ Commission has jurisdiction to hear this case.

3. The 7.49-acre subject property is located within an ER1 (Residential, 5-acre minimum new lot size, single family site-built homes) Zoning District.

4. Water is provided by Office of the State Engineer approved permit. 5. Two NMED approved septic systems will provide waste water disposal on the property. 6. One letter in opposition was received on March 24, 2015, meeting the deadline for public

input on the original request for an Administrative Special Use Permit, requiring the request to be heard by the ETZ Commission per Section 7.2.F of the ETZ Ordinance.

7. The request meets the Evaluation Criteria of Section 2.1.D for a Special Use Permit.


8. The proposed use meets Section 7.2 of the ETZ Ordinance. STAFF RECOMMENDATION Based on the Staff Findings above, staff analysis, and the application meeting Section 2.1.D and Section 7.2 of the ETZ Ordinance, staff recommends Approval of Special Use Permit Request Case # SU15-003/Johnson – Moten to allow the construction of a 1,209 sq. ft. (982 sq. ft. heated area) accessory dwelling.


Site Plan


Applicants’ Narrative


2.1.D Evaluation Criteria Responses


2.1.D Evaluation Criteria Responses (Continued)


Gomez Letter


Close-up Aerial


Area Land Use Aerial


Zoning Map


Area of Notification Aerial


Area of Notification Map


Area of Notification List