DONA ANA COUNTYMar 18, 2010 · The property is located between Tortugas Dr. on the north and San...

EXTRA TERRITORIAL ZONING COMMISSION CASE ANALYSIS

DOÑA ANA COUNTY CASE # SU10-003COMMUNITY PLANNING AND 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

APPLICANT: Ernesto & Hebelinda Munoz, Patrick Vigil, Agent CASE NUMBER: SU10-003 REQUEST: A Special Use Permit to place a 2nd dwelling as accessory

living quarters for a family member on a 0.359-acre parcel. LOCATION: Town of San Juan Tortugas at 3441 Emilia Avenue.

SU10-003 / MUNOZ: The applicants, Ernesto & Hebelinda Munoz, Patrick Vigil, Agent, are requesting a Special Use Permit to build a 1,064 sq. ft. 2nd dwelling as accessory living quarters for a family member on their 0.359-acre parcel. The subject parcel is zoned EV (Village District, unincorporated places with a mix of high density residential areas and commercial activities), and contains a 1,290 sq.ft. single-family site built home serving as the primary residence. It is addressed as 3441 Emilia Ave., and is described as PR 1 of Block 11 of the Town of San Juan (Tortugas) plat recorded in the Office of the Doña Ana County Clerk on May 15, 1920 in Book 4, 37. The property is located south of the City of Las Cruces within Section 32, Township 23 South, and Range 2 East, and can be further identified by Map Code # 4-008-138-394-087.

STAFF RECOMMENDATION: Based on the analysis and findings of fact staff recommends Approval of Special Use Permit request Case #SU10-003 with the following conditions:

1. Applicant shall obtain a Driveway Permit for access from Emilia Ave. from the Doña

Ana County Engineering Dept. 2. Accessory Living quarters shall not be used for the commercial sheltering of

individuals.

EXTRA-TERRITORIAL ZONING COMMISSION SU10-003/Munoz - 1 - March 18, 2010

FINDINGS: The Extra-Territorial Zoning Commission shall receive, hear and make final determination on said Special Use Permit Case # SU10-003 based on the following 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) 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.

3. Article III, Section 3.2.E.3.addresses the equivalent Zoning District to be utilized for

development standards and land uses on properties within the EV District. The subject parcel falls within the ER5M Zoning District due to its 0.359-acre size. Section 3.1.F.1.b, requires a minimum of 0.33-acres in the ER 5M Zoning District.

4. Article III, Section 3.1.F.1.b, ER 5M Development Standards, requires twenty (20)

feet, twenty-five (25) feet, and seven (7) feet for front, rear, and side yard setbacks, respectively.

5. Article VII, Section 7.2.A requires any accessory living quarters to meet all “height,

size and setback requirements.” The proposed accessory dwelling will be 1,064 sq. ft. (less than the primary residence and the maximum 1,600 sq. ft. allowed) and all setback requirements will be met per the submitted site plan.

6. The Extra-territorial Zoning Ordinance, Article VII, Section 7.2.F requires a Special

Use Permit for “Accessory Living Quarters”. 7. Building Permit # 27248 was issued by Dona Ana County Building Services on

February 27, 2004 for the construction of the 1,290 sq. ft. primary residence and attached garage.

8. Within the Tortugas neighborhood, Charlie Flores was granted Special Use Permit

Case # SU00-054, on August 21, 2001, by the ETZ Commission for accessory living quarters on property located at 3507 Blackhawk.

9. Unless additional justification is presented, the granting of a Special Use Permit shall be based on the Extra-territorial Zoning Ordinance Article II, Section 2.1.D/ Evaluation Criteria: (Applicants response in bold, staff comments in italics.)

a. Determination of potential number of homes, population and population

demographics. One added 3 bedroom residence and single family household occupation.

b. Determination of potential traffic flows (average daily traffic and where they

will impact the transportation system). Typical single family traffic impact on Emilia Ave., Tortugas Ave., and minimal impact on San Francisco St.


NMDOT had no adverse comments and DAC Engineering is requesting a Driveway Permit be obtained for the new residence (Page 4).

c. Determination of need for new commercial activity. No need for new

commercial activity. d. Determination of potential water and sewage needs. Water and sewage

needs will be provided by the City of Las Cruces. e. Evaluation of existing infrastructure capacities and an analysis of the ability of

the existing system to accommodate the new development. The existing infrastructure is well capable of handling this small site built single family residence and the impact of its residents.

f. 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. There is no difference between capacity and impact.

g. The ETZ should reserve the right to place appropriate zoning categories on

environmentally sensitive areas, areas of historical significance or areas that contain endangered or rare species of animal or plant life. None known.

h. Any analysis required should be undertaken and paid for by the developer

and verified by the ETZ Commission. Applicant will pay all fees. i. Determination of impact of a proposed zone change on surrounding

properties. Positive – providing a site built home for family member, keeping the family unit close together. Negative – Addition of one household.

ADJACENT ZONING/LAND USE:

North: Las Cruces City of Las Cruces zoning

South: Las Cruces City of Las Cruces zoning

East: Las Cruces City of Las Cruces zoning

West: ER7M Residential, (Mobile Home Park, 5-acre minimum MH Park size)

Physical Characteristics of the Site: The 0.359-acre subject parcel is a level, rectangular shaped residential lot containing a 1,290 sq. ft. site built home with a 300 sq. ft. attached garage. The property is located between Tortugas Dr. on the north and San Francisco St. on the south. Emilia Ave., a MPO designated local street, serves as access on the west side of the parcel. The subject parcel is considered a Triple Frontage Lot with access from Emilia Ave.


AGENCY COMMENTS:

County Fire Marshal: All fire code and fire flow requirements will be enforced at time of building permit review.

County Building Inspection: A Building Permit is required and must meet all County, State and

code requirements. The permit has not been applied for. County Engineering Department:

1. All storm water runoff from all impervious areas including existing must be contained within lot. Provide ponding and calculations.

2. Access must be from Emilia Ave, not Tortugas Dr. Driveway permit must be obtained from DAC.

3. Do not place proposed living quarters on any existing easements. 4. Must tie in to all utilities including sewer.

County Flood Commission: General Comments:

1. Pursuant to FIRM No. 35013C0634 E, the subject property is currently not within a FEMA Special Flood Hazard Area.

County Rural Addressing Coordinator: Address subject to change. County Environmental Codes: No violations. 2/9/10 New Mexico Department of Transportation: No significant impact to state’s highway system. City of Las Cruces Planning: Pre-ETZ; No ETZ Subdivision issues. Existing residential. City of Las Cruces MPO: Tortugas Drive is a collector. Emilia Ave. is a local. San Francisco St. is a local. Elephant Butte Irrigation District: This District has no objections.

Community Notification: Letters of notification were sent to fifty-nine (59) property owners. Notice was placed in the Las Cruces Sun-News on February 28, and public notice signs were placed on the property before March 2. There was one email (Page 14) received in support of the request from Jesus Serna (Nos. 21, 38, & 43 on the notification list) and one telephonic inquiry by Maria Lopez (# 26 on notification list). There were no comments received in opposition to this request


Site Plan


2007 Aerial Close-up


Application


Applicant’s Narrative


2.1.D Evaluation Criteria


Applicant’s Drainage Maintenance Agreement


Vigil Authorization Letter


Email from Jesus Serna


DONA ANA COUNTYMar 18, 2010 · The property is located between Tortugas Dr. on the north and San...

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