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01_AUG01.PZC MEETING MINUTES

PLANNING AND ZONING COMMISSION

REGULAR MEETING

August 1, 2001

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman

Mr. Preciliano J. Martín, Member.

Mr. Jack M. Glahn, Member.

Mr. Robert J. Jaramillo, Ex-Officio Member.

MEMBERS ABSENT:

Mr. Daniel Schwebke, First Vice-Chairman.

Ms. Paula J. Dardin, Second Vice-Chairman.

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. J. Gregory Garcia, Recording Secretary.

Ms. Dona Sennett, Engineering Secretary

 

                OTHERS PRESENT:

Ms. Haydee McCloud; Mr. Tony Adler, Agent; Ms. Mary S. Melendrez; Ms. Ethel Richards; Mr. Al Hernandez; Mr. Rudolpho Hernandez; Shelva Gray; Ms. Beverly St. Germain; Mr. Charles Herrell; and other unidentified persons.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled August 1, 2001, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of four (4) items were to be considered, two (2) under Public Hearing. Recommendations to the City Commission are to be made by the Planning and Zoning Commission for approval or denial of the requests. The City Commission will consider these requests at its meeting of Monday, August 27, 2001, to render final decisions.

2. APPROVAL OF AGENDA. Commissioner Martin made a motion "TO APPROVE THE AGENDA, AS WRITTEN". Seconded by Commissioner Glahn. All voted "AYE", passing the motion by a vote of 3-0-0.

3. MINUTES OF JULY 5TH REGULAR MEETING, AND JULY 29TH INSPECTION TOUR, 2001. Commissioner Martin made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner Glahn. All voted "AYE", approving the motion by a vote of 3-0-0.

4. PUBLIC HEARING.

A. CASE: V-01-0445(A). PETITIONER: Haydee McCloud, owner. REQUEST: Approval of the following: (1) a variance of seven feet (7') from Sections 29-03-030 and 29-03-200, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing side yard setbacks; which, if approved, would allow the carport to be enclosed with a setback of eight feet (8') from the Texas Avenue property line, rather than the fifteen foot (15') side yard required by Code; and (2) a variance of nine feet (9') from Sections 29-03-020 and 29-03-200, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing front yard setbacks; which, if approved, would allow the address of the property to be changed to Second Street with an existing setback of sixteen feet (16') from the property line, rather than the twenty-five foot (25') front yard required by Code. TOTAL AREA: ± 12,000 square feet. LOCATION: 702 Second Street (formerly 120 Texas Avenue). CURRENT LEGAL: Lot 9A, Block N, Chihuahua Addition, Replat A (formerly Lots 9 and 10, Block N, Chihuahua Addition). CURRENT ZONE: District "B" (Two Family Dwelling).

Ms. Few reported that Ms. Haydee McCloud owns Lot 9A, Block N, Chihuahua Addition, Replat A, 720 Second Street. The property was recently replated from Lots 9 and 10, Block N, Chihuahua Addition (formerly 120 Texas Avenue) to eliminate an interior lot line under which the house was located. She plans to enclose the existing carport on the west side of the property. The proposed enclosure of the carport and the change of the "front yard" required application for variances. The property, 720 Second Street, is zoned "B" (Two Family Dwelling) District. The 1971 Master Plan designates this property to be developed as low density residential. A side yard on the street side of one-story portions of buildings having a width of not less than fifteen feet (15') is required. The existing carport is to be enclosed with a side yard setback of eight feet (8'). Therefore a variance of seven feet (7') has been requested to allow the carport to be enclosed. A front yard having a depth of not less than twenty-five feet (25') is required. The applicant has had the address of the property changed to Second Street, which changes the orientation of the setbacks for the property. The house is only sixteen feet from the Second Street property line, therefore, a variance of nine feet (9') has been requested to legitimize the address and orientation of the house. A variance to dimensional regulations may be granted where: (1) such action will not be materially detrimental to the public interest; and (2) such action, will not grant a discriminatory benefit to the land owner and/or harm neighboring properties; and (3) such action, owing to conditions peculiar to the property or the neighborhood and not the result of actions or the situation of the applicant, a literal enforcement of the Code of Ordinances of the City of Alamogordo, New Mexico, and not in conflict with any other adopted code, would result in practical difficulties or unnecessary hardship. No justification of hardship, beyond the control of the applicant, accompanied the application to support the requested variance. The level of improvements abutting this property does not meet the city's standards. There is no sidewalk on the north side of the property, parallel to Second Street. Approval of the subdivision included the condition that the sidewalk be constructed to City standards by the applicant. Pursuant to Section 29-01-070(c), of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised July 15, 2001, in the Alamogordo Daily News, and thirty-four (34) notices were mailed to property owners within the 200 foot legal protest area on July 13, 2001. Staff recommends approval of the side and front yard variances as the footprint of the structure will not change, the clear site triangle will not be compromised. Ms. Few stated that one protest was received from Mrs. Melendrez, Mrs. Escobar, and Mrs. Munoz with a protest against approval of seven feet (7’).

Mr. Tony Adler, who acted as representative and interpreter for Ms. McCloud; was available to speak for the request. Mr. Adler requested to have reasons of the protest. Ms. Few answered by saying that the reasons were not given and there is no requirement that they do. Mr. Adler stated that Ms. McCloud is agreeing to all of the requirements, however she doesn’t want to put in the sidewalk because it would cost too much. Ms. Few stated that the sidewalk is a requirement of the subdivision, not a requirement of this variance; and, it is non-negotiable. She went on to explain that if Ms. McCloud does not want to do the sidewalk, the City of Alamogordo will rescind the approval of the subdivision. Mr. Adler stated that there are no other sidewalks in the area and this would put a burden on her to put a sidewalk in where nobody will utilize it and where no one else in the area plans to do the same. Ms. Few stated again that the approval of the subdivision cannot stand if the required sidewalk is not installed. She also explained that Ms. McCloud is not being asked to any more than any other subdivider has been required to do. In fact, she is being required to do much less because the road improvements and sidewalk on the West side, the curbing and all the utilities are all in place already. The section of sidewalk on the North side of the property from its terminus to the alley is what she is being required to put in. If she does not, want to put it in, it will substantially change the recommendation of staff. Commissioner Martin asked if Ms. McCloud is requesting for both a variance to enclose the carport and also to change the address from a Texas address to a Second Street address. Ms. Few answered that the address was changed with the replating of the property, and therefore, she does not have a legal front yard on Second Street because there isn’t sufficient room. Commissioner Martin asked where the replating comes in because it seemed that the only request was for a variance to enclose the carport. Mr. Adler agreed. Ms. Few stated that there were two separate issues. There was a summary subdivision on the property that has just been approved and signed by the City Manager on July 19th. It used to be two lots and now it is one. As one of the conditions of the combining of the two lots and approving the replat, was that the improvements be done—in this case the sidewalk. City Ordinance requires that there be sidewalks parallel to the street on all properties and it is the practice of the City of Alamogordo whenever a replat or rezoning is reviewed, that the improvements are addressed. She went on to say that this is one of the areas in town that do not have the required sidewalks. It is a travel area to an elementary and high school. So, the replat had to be considered under a separate issue, which means that it did not come before the Planning Commission nor the City Commission. It was noted however, because of the history on the property and the issues needed to be considered at the same time. Mr. Adler stated that Ms. McCloud has already spent $1000 on the enclosure of the carport and now the City of Alamogordo is asking her to spend another $2000 on the sidewalk that goes nowhere because the area is depleted with no sign of ever picking up. He also stated that the sidewalk would stop at the alleyway and there is no sidewalk on the other side. Mr. Adler stated that is seems like a lot of requirements just for Ms. McCloud to be able to enclose her carport. Ms. Few asked why Ms. McCloud doesn’t live at this address. Mr. Adler answered that Ms. McCloud lives at this address; however; because she has had her mail stolen before, she receives her mail at a different address—a friend’s home. Chairman Sanders stated that the sidewalk issues cannot be determined or voted upon by the Planning and Zoning Commission; therefore, the issue will have to be looked at again and brought back to the Commission at the next meeting. Mr. Adler asked what happens if Ms. McCloud doesn’t enclose the carport finally because she has already spent a lot of money on this and is thinking of dropping the whole case. Mr. Adler went on to say that the property doesn’t have enough value to invest that type of money. Chairman Sanders asked if Ms. McCloud would like to have everything revert back to the way it was. Mr. Adler discussed the situation with Ms. McCloud and responded that if she has to put in the sidewalk, she would rather go back to square one. He also said that when Ms. McCloud came in to start the process of this variance, she believed that is was an easy and simple process. Now, she feels like she is being penalized for trying to improve her own home. Chairman Sanders explained to Mr. Adler and Ms. McCloud that the Planning and Zoning Commission cannot change anything as far as the sidewalk issue. She stated that the best thing that the Commission could do is table the case until next month’s meeting in order to have Ms. McCloud review the situation and have a better chance to understand the circumstances of the variance request. Ms. Few commented that if the Planning and Zoning Commission tables this case, the cost of republication and re-notification will be taken by the City of Alamogordo and any protests previously received will be in place, they do not have to be resubmitted. Mr. Adler stated that he would discuss the situation with Ms. McCloud and would also speak to the people who protested, as they may want to revoke their letters of protest now that they too understand the case a little better. He also agreed that it would allow Ms. McCloud the chance to try again without incurring additional charges on her part. Commissioner Martin made a motion "TO TABLE CASE V-01-0445(A) UNTIL NEXT PLANNING AND ZONING COMMISSION MEETING." Commissioner Glahn seconded the motion. All voted "AYE", passing the motion by a vote of 3-0-0.

B. CASE: V-01-0446(A). PETITIONER: Rudolfo R. Hernandez and Gloria B. Hernandez, owners, by Alfonso Hernandez, agent. REQUEST: Approval of a variance of 2,300 square feet from Section 29-04-050(a), of the Code of Ordinances of the City of Alamogordo, New Mexico, governing accessory buildings; which, if approved, would allow the construction of a 3200 square foot detached personal storage building at the southwest corner of the property, rather than the 900 square foot free standing accessory building allowed by Code. TOTAL AREA: ±22,500 square feet. LOCATION: 509 Virginia Avenue. CURRENT LEGAL: Lot 10A, Block 33, Alamo Blocks, Replat A (formerly Lots 10, 11, and 12, Block 33, Alamo Blocks). CURRENT ZONE: District "B" (Two Family Dwelling).

Ms. Few reported that Rudolfo R. Hernandez and Gloria B. Hernandez own Lot 10A, Block 33, Alamo Blocks, Replat A. The property was recently replated from Lots 10 through 12, Block 33, Alamo Blocks to eliminate interior lot lines and consolidate the property in preparation for the construction of a 3,200 square foot detached storage building at the southwest corner of the lot. Through their son, Alfonso, they are requesting a variance on the size of the building that they may build. The property, 509 Virginia Avenue, is zoned "B" (Two Family Dwelling) District. The 1971 Master Plan designates this property to be developed as low density residential. Accessory buildings are required to occupy no more than thirty percent (30%) of the rear yard. As proposed, the detached accessory building will to be 3,200 square feet (40' x 80'). The required rear yard for this property would limits the size of any detached accessory building to 900 square feet of surface floor area. Therefore a variance of 2,300 square feet has been requested. The level of improvements abutting this property does not meet the city's standards. There is no sidewalk on the south side of the property, parallel to Fifth Street. Approval of the subdivision replat included the condition that the sidewalk be constructed to City standards by the applicant. Pursuant to Section 29-01-070(c), of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised July 15, 2001, in the Alamogordo Daily News, and thirty-seven (37) notices were mailed to property owners within the 200 foot legal protest area on July 13, 2001. One petition of protest was received which included one signature of a property owner within the protest area. The other signatures on the protest were either residents or non-property owners. Ms. Few stated that the protest represented by the one valid protest was nine percent (9%) of the legal protest area. Staff recommends approval of the variance for accessory building size, as the proposed accessory building will not create a visibility hazard for vehicles entering or exiting the alley.

Mr. Al Hernandez was available to speak for the petition. Mr. Hernandez stated that the building will not be used commercially. He stated that he does own a plumbing, heating/cooling business, though, and will occasionally need to store some equipment in there to keep from being ruined from the weather. There would also be some other miscellaneous plumbing equipment being stored there, however, the use would be primarily for the restoration of personal vehicles. Mr. Hernandez went on to say that it will not be used as a body shop, as the protest letter questioned. It would be for only hobby car restoration and storage of the vehicles. Commissioner Martin asked where the address is located in relation to the barbershop in the area. Mr. Hernandez answered that there are three lots next to the barbershop and his lot is in the rear of the property facing Virginia Avenue. Chairman Sanders asked if he was explained that he would have to install sidewalk on the front of the property as a requirement of the subdivision. Mr. Hernandez stated that he does understand, In-fact, Mr. Zimmerle had already explained it to him and there is not a problem with it. Commissioner Martin asked what type or size of building would it be. Mr. Hernandez stated that he will be building a 40’ x 80’ metal building. It will have four (4), twenty-foot (20’) bays, because that is the way they are sectioned-off. He also stated that the reason he is going to use metal over a wooden structure is because of the cost comparison. The metal building is much less expensive and won’t be subject to the same problems as a wooden structure. Mr. Hernandez also answered other questions of the Commission by stating the building will be fourteen feet (14’) high, will have electricity and use a portable heating/cooling unit. However, only one bay will be used for the car restoration, so the other storage area won’t have heating/cooling. Commissioner Martin made a motion "TO RECOMMEND APPROVAL OF THE VARIANCE OF 2300 SQUARE FEET FOR THE STORAGE BUILDING." Commissioner Glahn seconded the motion. All voted "AYE", passing the motion by a vote of 3-0-0.

C. CLOSE PUBLIC HEARING. Chairman Sanders declared the Public Hearing closed.

5. SUBDIVISIONS.

CASE: S-01-0715(A). PETITIONER: OHHO, Limited, Inc., owner. REQUEST: Approval of the final plat of COTTONWOOD HEIGHTS SUBDIVISION, UNIT 4, REPLAT C, for five (5) lots; with variances on access to a public street for Tract A, on the dedication of public land, and from Section 22-01-140(b)(1) relating to drainage plans; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±1.85 acres. LOCATION: 440 through 471 Cottonwood Drive and 3502 and 3512 Fernwood Avenue. CURRENT LEGAL: Lots 225 - 231, Cottonwood Heights Subdivision, Unit 4. CURRENT ZONE: District "A" (Single Family Dwelling). RECOMMENDATION: Approval of the final plat of COTTONWOOD HEIGHTS UNIT 4, REPLAT C with variances on public land dedication and from Section 22-01-140(b)(a), with the correction of addresses on the plat and the development of restrictions for Tract A.

Ms. Few reported that OHHO Limited, Inc., owns Lots 225 through 231, Cottonwood Heights Unit 4, in Section 6, T16S, R10E, NMPM, within the City of Alamogordo. Approval of the final plat of COTTONWOOD HEIGHTS UNIT 4, REPLAT C, has been requested. Subject subdivision is for the consolidation of the seven (7) lots into four (4) lots and one (1) tract.. The subdivision will also vacate part of Cottonwood Drive. The property is zoned "A" (Single Family Dwelling) District. The 1971 Master Plan designates this property to be developed as trailer and residential. . Addresses for each lot are required on the plat. Addresses for each lot have been provided to the consulting engineer under separate cover and are required to be corrected on the plat prior to filing. A drainage report sealed by a professional engineer, registered in the State of New Mexico, which shall include calculations for existing (pre-developed) and developed conditions. Drainage facilities shall be designed for the 50 year, 24 hour storm event under developed conditions and evaluated for failure and/or property damage during the 100 year, 24 hour storm event. On-site ponding is permitted on lots over ten thousand square feet (10,000 sf) in size and the drainage area is confined to subject lot. If on-lot ponding is technically infeasible, drainage or ponding in a common retention/detention pond may be permitted. Design calculations shall be in accordance with the appropriate USDA/SCS method. The developer has requested a variance to the requirement of a report with the subdivision and allow the review to be handled on a per lot basis. No objection to this treatment of the drainage requirements was provided by staff. Public land, at a maximum of five percent (5%) of the total area of the subdivision, exclusive of streets and alleys, is required to be dedicated to the City of Alamogordo. No land is included on the plat for public land dedication to the City of Alamogordo and a variance to the dedication requirement has been requested on the application. Staff has no objection to deferring the dedication at this time. All rough grading and shaping of lots to be in compliance with Chapters 29 and 70 of the 1991 Uniform Building Code (U.B.C.). The applicant(s) should take particular note of the requirements of Section 2907(d)5 and Section 7012(d) as it relates to the drainage of the rear lots. Each lot is required to have direct access to a public street. Tract "A" has no frontage on a City street. and can only be accessed through abutting alleys and it can not be served by City water. The lot is not suitable to be developed with any building (residential or commercial). Therefore, it is recommended that the plat contain a notation and that a deed restriction be developed for Tract A stating that the parcel is not legal for building and can be used only for open residential storage. Staff recommends approval of the final plat of COTTONWOOD HEIGHTS UNIT 4, REPLAT C with variances on public land dedication and from Section 22-01-140(b)(a), with the correction of addresses on the plat and the development of restrictions for Tract A.

Mr. Charles Herrell was available to answer questions for the subdivision. Commissioner Glahn asked who would monitor the up-keep of the area if it is used for storage. Mr. Herrell answered that he wasn’t sure it would be used for storage, but the restrictive covenants of the subdivision will restrict the use and the neighbors will monitor the use as well as the City of Alamogordo. Mr. Herrell also stated that the open storage mentioned refers to the need for motor home storage units in town to get people away from parking them in the street. Commissioner Glahn asked if the open, fenced area will have access to it from the alley. Mr. Herrell answered yes, it would have access from the alley and because of the way the lot is placed, it isn’t suitable for a building site whether it be for a home or business. Mr. Herrell went on to state that utilities are very expensive put onto the property—except for electricity, because it’s already located in the alley. Commissioner Martin mentioned that he drove through the area and couldn’t find the property in question. Mr. Herrell approached the Commission with the map to indicate where the area is and explained that it has drainage to the South and East of the lot. Chairman Sanders asked Mr. Herrell if the land could be used for a park and play area for the residents of the subdivision. Mr. Herrell stated that he might consider donating the land for the use of a park if the City of Alamogordo will maintain it. Commissioner Glahn asked who would maintain it if the City of Alamogordo doesn’t, or if the use is not for a park, and also if the use is recreational vehicle storage, would there be homes around it that would have to look at it all the time. Mr. Herrell stated that whatever the use is, if the City of Alamogordo doesn’t maintain it, he will have to in some way. Commissioner Martin asked if the City of Alamogordo has the need to acquire this property. Ms. Few stated that in a discussion with Public Works Director, Jose Miramontes, he saw no need to acquire it. However, the City of Alamogordo might accept it but the City Manager has not yet had the opportunity to be approached with the offer, nor has the City Commission. Ms. Few stated that she could put Mr. Herrell’s gracious offer and the Planning Commission’s general recommendation before the City Commission at the next meeting. Chairman Sanders asked Mr. Herrell would like to see the property used for. Mr. Herrell stated that he originally wanted what he thinks would be the simplest thing is to use the property for recreational vehicle storage. Commissioner Martin commented that the Planning Commission might have taken the offer too literally. Mr. Herrell stated that having a park put in the property is not an impossibility, he would just like to have more information on what would be put in if he is going to give the deed to the City of Alamogordo. Ms. Few wanted to clarify that Mr. Herrell would be willing to negotiate donating the land to the City of Alamogordo, if it is developed and maintained by the City. Mr. Herrell agreed that he would negotiate the use of the land possibly donate it if the City of Alamogordo were to approach him about it. Commissioner Martin made a motion "TO RECOMMEND APPROVAL OF CASE S-01-0715(A) AS IT WAS SUBMITTED WITH NOTED CORRECTIONS." Commissioner Glahn seconded the motion. All voted "AYE", passing the motion by a vote of 3-0-0.

6. MISCELLANEOUS.

CASE: M-00-0289(A). PETITIONER: City of Alamogordo, applicant. REQUEST: Approval of an ordinance amending Sections 8-03-010 and 29-04-110, of the Code of Ordinances of the City of Alamogordo, New Mexico, relating to access onto certain streets. RECOMMENDATION: None.

Ms. Few stated that after meeting with Commissioner Martin, they found some points that needed some clarification as far as wording for the ordinance. Definitions for use in working with the master plan technical standards and the subdivision ordinance to clarify differences between collector and access streets. Ms. Few stated that she would clean up the wording and bring it back before the Planning Commission next meeting. Ms. Few asked the Commission if there was anything else that needed to be added by the Commission before she finishes the ordinance. Chairman Sanders asked if Ms. Few would send the copy of the ordinance to the Commission again before they make any recommendations for it. Ms. Few stated that she would; either by E-mail or sending another copy to each member.

7. REPORTS.

A. City Planner.

(1) September Agenda. Ms. Few reported that there are several items already in, and several more anticipated.

(2) NMML/NMLZO Annual Meeting - September 19 & 20 in Carlsbad. Ms. Few stated that as soon as she has an agenda, it will be provided to the Planning Commission. She also stated that there are scholarships available.

(3) Alamogordo Relief Route. Because of the request for information at the previous meeting, Ms. Few reported that the State Highway Dept. has advised the City of Alamogordo that they are pushing for the completion of the relief route by the end of August. The Plans are now that instead of opening sections of the relief route, they will wait and open it all by this time. However, Ms. Few stated, there was a disclaimer that stated the information is provided by the State Highway Department and in no way represents the commitment by its author as to when the actual Alamogordo relief route completion date will be where it can be open for traffic.

(4) U.S. Army Corps of Engineers Projects. Ms. Few reported that the meetings are on going now with the City of Alamogordo for drainage channels, right-of-way acquisition. There is construction underway on the South channel, West of Lavelle Rd—next to the Presto area. Plans are in review with the City of Alamogordo for that segment crossing the relief route, which crosses White Sands Blvd. and goes basically to the new Mountain View Middle School where there will be a basin constructed, and it will continue East from that. The McKinley channel and drainage basin are in design and review. The North channel has been delayed because of receipt of aerial and other technical data, however, things are progressing.

(5) Other. Ms. Few wanted to introduce Ms. Dona Sennett, who is attending the Planning and Zoning meeting for cross-training purposes. She will be able to do the recording for the meetings if for some reason Greg Garcia or Fern Eckenberg cannot attend the meetings.

B. CHAIRMAN - None.

C. COMMISSION - None.

8. PERSONS TO BE HEARD - None.

9. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Martin made a motion "TO ADJOURN". Seconded by Commissioner Glahn. All voted "AYE", passing the motion by a vote of 3-0-0. The meeting adjourned at approximately 2:45 p.m.

Approved: September 5, 2001

/s/ Ginna L. Sanders, Chairman

ATTEST:

/s/ J. Gregory Garcia, Recording Secretary