EXTRA TERRITORIAL ZONING COMMISSION CASE ANALYSIS. Elkhorn Land & Cattle Co., Shain Sproul, Agent

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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: Elkhorn Land & Cattle Co., Shain Sproul, Agent SU A Special Use Permit for 9 electrical connections for overnight stays North of the City of Las Cruces at 7405A Harvey Farm Rd., Las Cruces, NM CASE #SU09-003/ELKHORN The applicant, Elkhorn Land & Cattle Co., Shain Sproul, Agent, is requesting a Special Use Permit within the ER3/4 Zoning District (Residential, 3/4-acre minimum new lot size, singlefamily site-built homes) for guest ranch related activities (9 electrical connections for overnight stays) on a portion of an acre parcel as required by Section 3.1.D.2.d of the ETZ Ordinance. The subject parcel is located north of the City of Las Cruces, addressed at 7405A San Andres Dr., Las Cruces, NM, and is within Section 9, Township 22 South, Range 1 East. The subject property is described as Tract M of the Rancho Del Gallo, Unit IV Subdivision, recorded in the Office of the Doña Ana County Clerk on October 19, 2005, in Book 21, Pages , and can be further identified by Map Code # STAFF RECOMMENDATION: Based on the analysis and findings of fact staff recommends Denial of Special Use Permit request Case #SU09-003: However if the ETZ Commission approves the Special Use Permit request staff recommends the following conditions: 1. Applicant shall file a Replat of the proposed site by subdividing the approximate 1-acre site from Tract M and resolve the Waste Water Treatment Plant site issue. 2. Applicant shall provide documentation to staff to establish the legal non-conforming status of the rodeo arena. 3. Fire Marshal requirements shall be met during the replatting process of the property. 4. No further expansion of the use shall be permitted unless approved by DAC. SU /ELKHORN - 1 -

2 PROPOSAL The applicant is proposing to place nine (9) electrical outlets near the southeast corner of the subject parcel to allow rodeo arena participants to connect their horse trailers containing living quarters during arena events. Currently, individual electrical generating units are utilized by participants. The applicants request for the placement of the outlets is to eliminate the impact of the noise from the electrical generating units to the surrounding neighborhood. The applicant, in the submittal (Pg. 10), states The site will be used only for weekends and occasional layovers, not for long periods of time. The applicant has also stated that the subject property and the adjacent rodeo arena have been used for team roping and barrel race events since the early 1970 s. The proposed site and the adjacent roping arena are used each year for the national fundraising event, Cowboys for Cancer. Liquid waste will continue to be handled with on site Porta-potties. ANALYSIS This Special Use Permit Request is the result of a complaint forwarded by DAC Building Services and DAC Codes Enforcement (Case # ) to Planning Staff concerning an electrical inspection performed on January 23, DAC staff determined there was a zoning problem with the proposed electrical outlets. Staff advised the applicant of his options and this SUP request was subsequently submitted on March 3, Article III, Section 3.1.D.2.d of the ETZ Ordinance requires a Special Use Permit within the ER3/4 Zoning District for guest ranches. Normally, monthly rodeo events are held over a weekend and the subject property is utilized by participants to park their horse trailers containing small living quarters and stay for the weekend. Participants do not stay for extended lengths of time. The electrical generators utilized by the horse trailers have a noise impact and the electrical connections will remove or mitigate the impact. Access from Catalana Drive to the property is utilized. Property research and two agency reviews noted the designation of the subject property, Tract M, of the Rancho Del Gallo Subdivision Unit IV, as reserved for the placement of a temporary waste water treatment plant on the Final Plat (Pg. 12). DAC Flood Commission comments (Pg. 5) reflect the concern that the proposed use does not conform to the Final Plat notes designating the tract as a future site of a waste water treatment plant. Engineering staff comments (Pg. 5) also noted the discrepancy between the intended use as stated on the Final Plat and the SUP requested use. Doña Ana Mutual Domestic Water Consumers Association staff members advised DAC staff that DAMDWCA is ready to operate and maintain the treatment plant after the treatment plant is constructed by the developer. Although there is anecdotal evidence from the applicants agent and other local residents that the subject property and adjacent rodeo arena have been used for over thirty years as the site of rodeo events, the applicant did not present any documentation, as required by Section 9.1.B, attesting to the past continual property use to establish a non-conforming use at the site. The ETZ Ordinance requires that Section 2.1.D EVALUATION CRITERIA, be used when reviewing Special Use Permits. The applicant has provided answers (pages 3-4) to the evaluation criteria and noted the traffic flows are the same as they have been in the past with no new commercial activity anticipated, and potential water and sewer needs to be the same. There are no environmentally sensitive areas, endangered or rare species of animal or plant life, or areas of historical significance on the subject property, and all development will be paid for by the applicant. The applicant did not answer the final question concerning impact to area but has SU /ELKHORN - 2 -

3 provided the answer in the submitted narrative. According to the applicant, the proposed installation of electrical outlets will eliminate the impact of noise from the electrical generators, and by continuing to provide temporary liquid waste disposal via commercial porta-potties, there will be no impact to the surrounding properties. Due to the unresolved issue concerning the Tract M designation as the site of a temporary waste water treatment plant, and the absence of any documentation attesting to the legal nonconforming status of the subject property per Section 9.1.B, staff recommends Denial of this Special Use Permit request Case # SU 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 Extra-territorial Zoning Ordinance, Article III, Section 3.1.D.2.d, requires a Special Use Permit for a guest ranch within the ER3/4 Zoning District. 3. The acre subject parcel was created by the Rancho Del Gallo, Unit IV Subdivision recorded in Book 21, Pages in the Office of the Doña Ana County Clerk, on October 19, The Rancho Del Gallo Unit IV Final Plat designates Tract M as the location of a temporary Waste Water Treatment Plant to be constructed by the developer and operated and maintained by the Doña Ana Mutual Domestic Water Consumer Association. 5. The Extra-territorial Zoning Ordinance, Article IX, Section 9.1.B, states, It is the responsibility of the property owners to furnish affidavits or other legal documents to the Planning Director establishing the legal non-conforming use status of the land, buildings or mobile homes. 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: (Applicant responses in bold) a. Determination of potential number of homes, population and population demographics. N/A b. Determination of potential traffic flows (average daily traffic and where they will impact the transportation system). Once a month same as events have been since 1970 s. c. Determination of need for new commercial activity. N/A d. Determination of potential water and sewage needs. N/A SU /ELKHORN - 3 -

4 e. Evaluation of existing infrastructure capacities and an analysis of the ability of the existing system to accommodate the new development. The capacities are the same as they have been as well. 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. This area has been grandfathered for the use as operating now. h. Any analysis required should be undertaken and paid for by the developer and verified by the ETZ Commission. Developer will follow requirements and cover the costs needed by ETZ Commission. i. Determination of impact of a proposed zone change on surrounding properties. N/A ADJACENT ZONING/LAND USE: North: PD DAC Performance District Zoning South: East: ER2 ER2 Residential, 2-acre new lot minimum, single-family site-built Homes. Residential, 2-acre new lot minimum, single-family site-built Homes. West: PD DAC Performance District Zoning Physical Characteristics of the Site: This acre parcel is a level, generally L shaped parcel with access to Catalana Drive near the southeast corner. The property is in agricultural production. The southeastern portion of the parcel (approximately 1-acre) is the site of the proposed guest ranch activities. The western boundary is adjacent to EBID s Leasburg Canal, a 100 ft. R-O-W. AGENCY COMMENTS: County Fire Marshal: 1. The fire protection plans shall be submitted along with the final plat and shall be stamped by a registered engineer indication the fire plans meet the specifications of 1,000 gpm for a duration of 2 hours at 20 PSI. 2. A letter from the local water district shall be submitted with the plans stating the water supplies and fire hydrants shall be maintained by their district with required fire flow as listed above. SU /ELKHORN - 4 -

5 County Building Inspection: 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: 1. Proposed land use is not intended for such purpose, based on filed Plat. 2. Owner on filed plat is shown as DAMDWCA 3. Zoned ER3/4 County Flood Commission: 1. Pursuant to FIRM No C0525 E, the subject property is currently not within a FEMA Special Flood Hazard Area. 2. According to Rancho Del Gallo Unit IV, Tract M is to be used as a sewer plant, as such the electrical boxes to be used for guest ranch activities do not follow intended use. Request additional information on ranch related activities related to the sewer plant. County Environmental Codes Department: No zone violations. County Rural Addressing Coordinator: 7405 does not exist. A pump house is addressed as 7463 Catalana Dr. New Mexico Environmental Department: 1. Currently there are a number of liquid waste permits for this property (DA ). The combined flow appears to be approximately 1,420 gpd on this acre parcel. It is unclear if the existing permits cover rodeo arena events if applicable. 2. NMED has no opposition to the proposed SUP as long as the above conditions are met. New Mexico Department of Transportation: No significant impact to State s highway system. City of Las Cruces Planning: No comments. Elephant Butte Irrigation District: No objections. Community Notification: Letters of notification were sent to eighteen (18) property owners. Signs were posted on March 31, and the case was advertised on March 29, 2009 in the Las Cruces Sun-News. No letters of support or opposition were received. SU /ELKHORN - 5 -

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10 NARRATIVE SU /ELKHORN

11 2.1.D Evaluation Criteria SU /ELKHORN

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13 DAC Complaint Case # SU /ELKHORN

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15 Notification List SU /ELKHORN

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