EXTRA TERRITORIAL ZONING COMMISSION CASE ANALYSIS

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Elfrieda Dorsey
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1 DOÑA ANA COUNTY COMMUNITY PLANNING AND ECONOMIC DEVELOPMENT DEPARTMENT Building Planning GIS 845 North Motel Boulevard Las Cruces, New Mexico (575) Fax: (575) Toll Free: 1 (877) TTY: (575) CASE # SU EXTRA TERRITORIAL ZONING COMMISSION CASE ANALYSIS APPLICANT: CASE NUMBER: REQUEST: LOCATION: Steve & Margaret Smelser SU A Special Use Permit to construct and operate a dog and cat kennel business (Animal Haven Lodge & Salon) North of the City of Las Cruces at 3027 N. Valley Dr., Las Cruces, NM CASE#SU08-004/SMELSER The applicants, Steve & Margaret Smelser, are requesting a Special Use Permit within the ER2 Zoning District (Residential, 2-acre minimum new lot size, single family, site-built homes) to construct and operate a commercial kennel business (Animal Haven Lodge & Salon). The proposed pet boarding and grooming business will be located on a 1.0-acre parcel addressed at 3027 N. Valley Dr., Las Cruces, NM 88007, and is located within Section 2, Township 23 South, Range 1 East and can be further identified by Map Code Number STAFF RECOMMENDATION: Based on the analysis and findings of fact staff recommends Conditional Approval of Special Use Permit request Case #SU with the following conditions: 1. Adhere to all requirements mandated by NMED and the Ground Water Quality Bureau. 2. A letter from the local water district shall be submitted with the building plans stating the water supplies and fire hydrants shall be maintained by their district with required fire flow. 3. Applicants shall comply with all agency comments and requirements. EXTRA-TERRITORIAL ZONING COMMISSION SU / SMELSER - 1 -

2 STAFF ANALYSIS The applicants, Steve and Margaret Smelser, have stated, in their submittal, that services to be offered include dog and cat boarding and grooming. There will be approximately 20 dog runs and 18 cat cages. Each kennel contains a climate controlled 4 X 4 indoor area with a 4 X 10 outside dog run. Awning shade will be provided for each dog run. Dogs will be kept indoors at night to prevent any noise disturbances. The existing garage will be converted to the cat boarding facility and the grooming area. Eighteen (18) cat cages 29 X 26 X 31 will be located along the west wall of the interior of the garage and the grooming tables will be located in the center of the garage. Appropriate handicap accessible ramps will be added for handicap access to the facility. The site plan indicates five (5) customer and employee parking spaces and two (2) handicapped accessible spaces will be located on the southeast side of the facility. The driveway and parking area are surfaced with crusher fines for dust control. An extension of five feet (5 ) has been added to the existing three foot (3 ) block wall to provide privacy. The fence encompasses the north, west, and south sides of the property. The applicants also state that more trees will be planted to provide more shade and privacy. Appropriate lighting, which conforms to local codes, will be placed around the outer portion of the dog kennels as required. FINDINGS: The Extra-Territorial Zoning Commission shall receive, hear and make final determination on said Special Use Permit Case # SU 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 (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. The Extra-territorial Zoning Ordinance, Article 3, Section 3.1.B.2.d requires a Special Use Permit for Commercial Kennels within the ER2 Zoning District. 4. The 1.0-acre legal non-conforming subject parcel was created and recorded (Book 187, Pg. 304) on June 16, The proposed business is consistent with the ETZ Comprehensive Plan Goal 8; Policy 8.3.3: The County should encourage the development of business which can be integrated into the ETZ without adverse impacts on the County s resources. 6. 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. No change. b. Determination of potential traffic flows (average daily traffic and where they will impact the transportation system). See attached STH. 3/28/08 letter from NMDOT grants conditional approval for the proposed Special Use Permit (pgs ). c. Determination of need for new commercial activity. See attachment (signatures). Applicant has provided a list of 55 names supporting the proposed dog and cat kennel business (pgs ). EXTRA-TERRITORIAL ZONING COMMISSION SU / SMELSER - 2 -

3 d. Determination of potential water and sewage needs. No significant change due to small scale operation. A private water well provides water to the home and the proposed pet boarding facility. NMED has given conditional approval and the applicants are in the process of satisfying all concerns. A Notice of Intent has been filed with the NMED Ground Water Quality Bureau and the applicants will comply with all requirements (pg. 14). e. Evaluation of existing infrastructure capacities and an analysis of the ability of the existing system to accommodate the new development. No significant changes. Infrastructure can handle proposed uses. 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. N/A 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. N/A h. Any analysis required should be undertaken and paid for by the developer and verified by the ETZ Commission. Applicant will pay for all requirements. i. Determination of impact of a proposed zone change on surrounding properties. Good. See attachment (signatures). Applicant has provided a list of 55 names supporting the proposed dog and cat boarding business (pgs ADJACENT ZONING/LAND USE: North: ER3 Residential, 1-acre minimum new lot size, single-family site-built homes South: ER4 Residential, 1/2-acre minimum new lot size, single-family site-built homes East: ER2 Residential, 2-acre minimum new lot size, single family site built homes West: ER2 Residential, 2-acre minimum new lot size, single family site built homes Physical Characteristics of the Site: The 1.0-acre subject parcel is a level, generally rectangular shaped, fully developed residential property. A 2,527 sq. ft. site-built home is located near the center of the property. A 15 easement is located along the length of the north property line. Access is gained from N. Valley Dr. via a 25 driveway surfaced with crusher fines. The property is encompassed on the south, west, and north sides by an eight foot (8 ) cinder block and wooden fence. Water is provided by a private water well located near the south property line on the west portion of the parcel. A septic system (EID #059523) is located on the property. AGENCY COMMENTS: County Fire Marshal: Approved. All fire code and water flow requirements will be in affect at the time of building review. A letter from the local water district shall be submitted with the building plans stating the water supplies and fire hydrants shall be maintained by their district with required fire flow as listed above. EXTRA-TERRITORIAL ZONING COMMISSION SU / SMELSER - 3 -

4 County Building Inspection: Approved. A building permit is required and must meet all County, State and local code requirements. The permit has not been applied for. County Engineering Department: Conditional Approval 1. Parking lots may need to be paved. 2. Access issues need to be referred to NMDOT. 3. Detail Site Plan shall be routed to DAC Engineering at an appropriate time of permit review. 4. ER2 setbacks are 15 not Minimum lot acreage in ER2 zoning is 2 acres. Planning, would this require a waiver request? 6. Requires a Level 1 TIA 2 nd Review: OK to waive Level 1 TIA due to size. 3/27/08 HC County Flood Commission: Approved. 1. Subject property found not to be within a FEMA Special Flood Hazard Area, and can further be identified on FIRM No C0518F 2. The site plan does not demonstrate how excess runoff is to be mitigated on subject property? The applicant needs to make reference to the location of on-lot ponding (or similar mechanism that will maintain excess runoff on subject property. Furthermore, in the event the parking lot is to be paved, a stamped grading plan will be required. 3. The Flood Commission Office would like to assist as much as possible. 2 nd Review: Approved No comments. County Rural Addressing Coordinator: Approved. No comments. New Mexico Environmental Department: Conditional Approval. 1. In reference to Margaret Smelser s proposed kennel, NMED is currently working on her information. Reference EID # A notice of intent has to be filed with the ground water bureau for the dog kennel. 3. A notice of intent was submitted by applicant on New Mexico Department of Transportation: Working with the property owner to obtain Driveway permit off of NM185. 3/4/08 We have received your application as submitted. It will be reviewed and may require a field inspection by our personnel. We hope to have the field review completed and the approval to you within 45 days. April 2, 2008 Conditional Approval. Driveway Permit No The applicant will be required to comply with all local Codes and Ordinances. 2. Repairs and maintenance of driveway from NMDOT R-O-W line to edge of pavement are the responsibility of the applicant and any future owners. 3. Adequate drainage within the R-O-W shall be maintained at all times. 4. Mailboxes installed within public R-O-W shall be constructed to USPS or NMDOT standards. 5. Existing dirt access twenty-five (25) feet wide. City of Las Cruces Planning: Approved. No comments. EXTRA-TERRITORIAL ZONING COMMISSION SU / SMELSER - 4 -

5 Elephant Butte Irrigation District: Approved. No comments. State Engineer s Office: Approved. No comments. Community Notification: Letters of notification were sent to twenty (20) property owners on March 28, Notice was placed in the Las Cruces Sun-News on March 30, Public Notice signs were placed on the property on April 2, A petition in support of the proposed kennel with 55 signatures was submitted March 03, 2008 by the applicants. Seven (7) signatures were within the area of notification. No individual letters of support or opposition were received. EXTRA-TERRITORIAL ZONING COMMISSION SU / SMELSER - 5 -

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Applicant Type (Conditional Use Permit, Variance, Tract Map, etc.): Applicant: Address: Phone(s): Fax:

Applicant Type (Conditional Use Permit, Variance, Tract Map, etc.): Applicant: Address: Phone(s): Fax: ENVIRONMENTAL QUESTIONNAIRE City of Twentynine Palms Community Development Department 6136 Adobe Road Twentynine Palms, CA 92277 (760) 367-6799 Fax (760) 367-5400 29palms.org : Please complete each statement