> City of Alamogordo > Departments > Community Development > Planning & Zoning > Planning Minutes > 01_JUN06.MINUTES REGULAR PZC

01_JUN06.MINUTES REGULAR PZC

PLANNING AND ZONING COMMISSION

REGULAR MEETING

June 6, 2001

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman

Ms. Paula J. Dardin, Second Vice-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.

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. J. Gregory Garcia, Recording Secretary.

OTHERS PRESENT:

Mr. Bert Atkins; Mrs. Eve Atkins; Mr. Wayne C. Cox; Mr. Glenn Corley; Mr. James Penney; Mrs. Florene Penney; Mr. Clarence E. Kimber; Mr. Don Dutton, Attorney; Mr. Lesley Huffman; Ms. Cleo Dye Mr. Robert Hawkins; Mr. Gary L. Lane; Mrs. Connie Lane; Mr. Klad Zimmerle, RLS; and other unidentified persons.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled June 6, 2001, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of five (5) items were to be considered, four (4) 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 June 26, 2001, to render final decisions.

2. APPROVAL OF AGENDA. Commissioner Dardin made a motion "TO APPROVE THE AGENDA, AS WRITTEN AND AMENDED". Seconded by Commissioner Martin. All voted "AYE", passing the motion by a vote of 4-0-0.

3. MINUTES OF May 2ND REGULAR MEETING, AND June 3RD INSPECTION TOUR, 2001. Commissioner Dardin made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner Martin. All voted "AYE", approving the motion by a vote of 4-0-0.

4. PUBLIC HEARING.

A. CASE: V-01-0441(A). PETITIONER: Carl E. Gebhardt and Ruth Gebhardt, owners. REQUEST: Approval of a variance of four feet eight inches (4'8") from Section 29-03-040, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing rear yard setbacks; which, if approved, would allow a rear yard setback of sixteen feet (16'), rather than the twenty feet eight inch (20' 8") setback required by Code, to enable the replacement of an old enclosed porch with a new enclosed porch on the existing concrete slab. TOTAL AREA: ± 7,210 square feet. LOCATION: 1812 Washington Avenue. CURRENT LEGAL: Lot 20, Block 6, Alamogordo Estates. CURRENT ZONE: District "A" (Single Family).

Ms. Few reported that Carl E. Gebhardt and Ruth Gebhardt own Lot 20, Block 6, Alamogordo Estates. They plan to have a new enclosed patio constructed on the foundation of the old enclosed patio. The property, 1812 Washington Avenue, is zoned "A" (Single Family Dwelling) District. The 1971 Master Plan designates this property to be developed as low density residential. A rear yard having a depth of thirty feet (30') or twenty percent of the lot depth, whichever is less, is required. The patio is to be constructed with a rear yard setback of sixteen feet (16'). Therefore a variance of four feet eight inches (4'8") has been requested. 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. 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 May 20, 2001, in the Alamogordo Daily News, and nineteen (19) notices were mailed to property owners within the 200 foot legal protest area on May 18, 2001. Staff recommends approval of the rear yard variance, as the new construction will be a replacement of existing construction.

Nobody was available to speak for or against the request. Commissioner Martin had a question about the existence of a structure there in the past because there is only a slab there. Ms. Few was able to answer the question, stating that the shed had severe water damage and was torn-down. When the Gebhardts came in to request a permit for a new shed, the setback problem was found. No further questions were necessary from the Planning and Zoning Commission. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL FOR THE REAR YARD VARIANCE." Seconded by Commissioner Martin. All voted ‘AYE", passing the motion by a vote of 4-0-0.

 

B. CASE: V-01-0442(A). PETITIONER: Gary L. Lane and Connie J. Lane, owners. REQUEST: Approval of a variance of five feet (5') from Section 29-03-110, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing side yard setbacks, rather than the five foot (5') side yard setback required by Code, and a variance from Section 29-03-150, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing entries; which, if approved, would allow a zero lot line to construct a stair case to the second story deck. TOTAL AREA: ± 0.115 acres. LOCATION: 438 Desert Lakes Road. CURRENT LEGAL: Lot 29C, Desert Hills Subdivision Unit 10, Replat C. CURRENT ZONE: District "A-1" (Townhouse).

Ms. Few reported that Gary L. lane and Connie J. Lane own Lot 29C, Desert Hills Subdivision, Unit 10, Replat C. They plan to have an exterior stairway constructed on the east side of the existing garage. The property, 438 Desert Lakes Road, is zoned "A-1" (Townhouse) District. The 1971 Master Plan designates this property to be developed as public, parks and schools. A side yard having a width of not less than five feet (5') is required. The dwelling unit was designed to be an attached single family dwelling unit. It was constructed as a detached single family dwelling unit but no side yard setback on the east side (the same scenario exists with at least eight (8) units in the area). The property was replatted to provide a three foot (3') setback on the east side. The owners want to build an exterior staircase on the east side of the garage that will connect to the deck above the garage. Therefore a variance of five feet (5’) has been requested. Exterior staircases are prohibited. A variance has been requested to allow the construction of an exterior staircase on the east side of the garage to access the deck. 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 property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance, Chapter 4, Article 4-07, of the Code of Ordinances of the City of Alamogordo, New Mexico. An Avigation Easement limiting vertical development to not more than fifty feet (50') above ground level, has been prepared. An Avigation Easement was executed with the original subdivision and remains in effect. 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 May 20, 2001, in the Alamogordo Daily News, and twenty (20) notices were mailed to property owners within the 200 foot legal protest area on May 18, 2001. Three letters of protest to the requested variance have been received. Staff Recommends approval of the setback variance and entrance variance, as the house is existing and sufficient room exists between the house and the building to the east, with the condition that the staircase be constructed of fire resistant materials.

Mr. Gary Lane was available to speak for the request. Chairman Sanders asked what type of railing was going to be used. Mr. Lane stated he would be using wrought iron. Commissioner Martin wanted to confirm that the addition is a deck on top of the garage. Mr. Lane commented that the stairway would not only be to a deck, but to a new upstairs room. Mr. Don Dutton, representing Clarence and Gerta Kimber; who are the neighbors just West of this property, was present to speak against the request for the variance. Mr. Dutton explained to the Commission why the Kimbers are protesting the variance request. Mr. Dutton went on to say that the side yard setback is much too close to the Kimbers’ home to install a stairway. Commissioner Martin asked if the room upstairs was accessible from inside the existing home. Mr. Lane answered that the stairway would access the addition; however, there is access from inside. Commissioner Martin asked why is he trying to get two different forms of access to the upstairs addition. Mr. Lane answered that it is just a preference to have that. It will be used as a guestroom, but for the time being, is used for an office. He went on to say that they would like to use it as a game room, and the deck would have wrought iron installed for safety and privacy. Mr. Lane also was able to submit a letter of support for the project from the owner next door to the East. Mr. Dutton approached the Commission once again with a property map to help in understanding the area property owners and to show where the stairway will be in conjunction to the Kimber’s property. Ex-Officio, Mr. Robert Jaramillo asked Mr. Lane why the new upstairs addition has to be accessed through another room. Mr. Lane explained that his family is large and they are looking for more living space. He also explained that the stairway would provide an alternate means of fire escape if necessary. Mr. Lane went on to explain the zero lot line reasoning. He said that seven or eight years ago, when Desert Hills submitted the lots for approval, the whole intention was to build them with zero lot lines. He went on to say that the approval was to build a detached individual unit on the property line. Eight of the fifteen houses built by Gary Lane, INC., were built detached, zero lot line. The plans were submitted to the City of Alamogordo and approved, so he understood that the units were in compliance. It wasn’t until speaking with Ms. Few that they discovered that the zero lot lines were not in compliance. Commissioner Martin asked if there is access to the front part of the house via Desert Lakes Road and access to the back from the golf course. Mr. Lane answered yes, as well as access on both sides of the front yard to the rear yard. Ms. Few added that the ordinances on townhouses allow single-family attached structures with zero lot lines, with a zero lot line. She also stated that it is very common for townhouse construction, where it is part ownership each lot, to come in with only one unit at-a-time with zero lot line on one side for a building permit. As the building permit is reviewed, it is approved on the assumption that the matching unit is forthcoming. Therefore it was not a staff oversight that the structure doesn’t meet the five-foot setback on one side. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF THE REQUEST FOR THE SETBACK VARIANCE WITH THE CONDITION THAT THE STAIRWAY BE CONSTRUCTED OF FIRE RESISTANT MATERIALS." Commissioner Martin seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

C. CASE: V-01-0443(A). PETITIONER: S. Bert Atkins and Eve M. Atkins, owners. REQUEST: Approval of a variance of eleven feet (11') from Section 29-03-030, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing side yard setbacks, rather than the fifteen foot (15') side yard setback required by Code; and approval of a variance of nineteen feet six inches (19'6") from Section 29-03-040 of the Code of Ordinances of the City of Alamogordo, New Mexico, governing rear yard setbacks, rather than the twenty-four feet six inch (24'6") rear yard setback required by Code; which, if approved, would allow the construction of a double car garage, carport, and patio for shade and decoration. TOTAL AREA: ± 13,420 square feet. LOCATION: 1700 La Luz Place. CURRENT LEGAL: Lot 1 and the South forty-three feet (43') of Lot 2, Block 2, Lovers Lane Addition. CURRENT ZONE: District "A" (Single Family).

Ms. Few reported that S. Bert Atkins and Eve Atkins owns Lot 1 and the South 43 feet of Lot 2, Block 2, Lovers Lane Addition. They plan to have a double car garage constructed with a carport and patio. The property, 1700 La Luz Place, is zoned "A" (Single 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 the building having a width of not less than fifteen feet (15') is required. The new carport will be approximately four feet (4') from the side property line on San Andreas. Therefore a variance of eleven feet (11’) has been requested, the carport will be forty-eight feet (48') from La Luz Place so there should not be a visibility problem with the "clear site triangle". A rear yard having a depth of thirty feet or twenty percent of the lot depth, whichever is less, is required. The new carport posts will be approximately four feet (4') from the rear fence line. A variance of nineteen feet six inches (11’6") has been advertised. The major concern here is possible conflict between backing vehicles and pedestrian traffic. 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. 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 May 20, 2001, in the Alamogordo Daily News, and thirty-three (33) notices were mailed to property owners within the 200 foot legal protest area on May 18, 2001. No protests were received. Staff recommends approval of the requested variances can be supported with the condition that the carport and rear patio never be enclosed.

Mr. Atkins was available to speak for the request. No questions were necessary from the Commission. Nobody was available to speak against the request. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF THE VARIANCE WITH THE CONDITION THAT THE PATIO NEVER BE ENCLOSED." Commissioner Martin seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

D. CASE: Z-01-0603(A). PETITIONER: Glen Brook Homes, LLC, and MiSon Tomasek, owners, by Glenn Corley and Janie Corley, applicants and option holders. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "D" (Business), or a more restrictive classification; which, if approved, would allow the property to be developed for mini-storage units. TOTAL AREA: ±97,301 square feet. LOCATION: 403-511 Maricopa Trail. CURRENT LEGAL: Lots 83-95, Plainview Acres Unit B. CURRENT ZONE: District "C" (Multi-Family).

Ms. Few reported that Glen Brook Homes, LLC, owns Lots 83 through 92, Plainview Acres, Unit B, 403 - 511 Maricopa Trail. MiSon Tomasek owns Lots 93 through 95, Plainview Acres, Unit B, 404 – 410 Maricopa Trail, with an option to purchase being held by Glenn and Janie Corley. Rezoning has been requested to allow the property to be developed for mini-storage units. The property is zoned "C" (Multi-family Dwelling) District. Rezoning the property, as requested, to "D" will create "spot" zoning and will open the property to a wide range of allowed uses. Rezoning to the lesser classification of "D-2" will not create a "spot" zone (the same classification exists to the west) and will allow inside business uses. The 1971 Master Plan designates this property to be developed as residential and trailer. The proposed rezoning will not conform to the Master Plan and will create a spot (island) of business zoning. The City Attorney noted that New Mexico appellate courts, while not deciding whether spot zoning is always illegal, have enumerated two factors to weigh in deciding if illegal spot zoning has occurred. Those factors include: a) if the use fails to comply with the comprehensive plan, and b) if the use is inconsistent with the surrounding area, grants a discriminatory benefit to the land owner, and/or harms neighboring properties or the community welfare. In this instance, the proposed use does not comply with the comprehensive plan; the Commission must determine whether the second set of factors is present. Pursuant to Section 29-01-020, of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised on May 20, 2001, in the Alamogordo Daily News, and thirty-five (35) notices were mailed to property owners within the 200 foot legal protest area on May 18, 2001. Four (4) letters and one (1) petition protesting the requested rezoning have been received Staff approval of rezoning to District "D-2" (Neighborhood Business) can only be recommended with the conditions that the use be limited to mini-storage units, that access not be provided from Arapaho Trail, and that the road improvements on Maricopa Trail (south to Florida Avenue) be completed prior to opening of the storage units for business.

Chairman Sanders recused herself from this item due to a business conflict. Chairman Sanders did not vote on this item. Mr. Glenn Corley was available to speak for the request. Mr. Corley stated that he had read some of the letters of protest, and the people’s concerns are misunderstood. He stated that one of the concerns was that there are already five storage units in the area. Mr. Corley stated that there are none that he is aware of. Another concern is bright lights, which Mr. Corley stated there would be none of, especially because of the dark skies ordinance with Sunspot. Mr. Corley also mentioned a concern with heavy trucks, which he also stated is very unlikely and wouldn’t be a problem to the best of his knowledge. The mini storage facility would have a surveillance camera security system with the units would be approximately 10’x10’, up to no larger than 10’x20’. There would be difference for these storage units as compared to any other storage units in Alamogordo, except for the ultra-high-tech security complete with gate cards. Mr. Corley went on to say that he would have no problem complying with the request of the City Planner to not have access through Arapaho Trial. He also addressed another item of concern that the alleyway would be blocked. Mr. Corley stated that the alleys would not be blocked and garbage collectors will be able to get through as normal. Commissioner Martin wanted to confirm that the access would be from Maricopa Trail. Ms. Few clarified that the City of Alamogordo is requesting that instead of entering Arapaho Trail from South Florida Avenue and then turning South on Maricopa Trail; the access would be from the South side of the radio station where Maricopa Trail meets South Florida Avenue. Commissioner Martin also asked how many units would be in the storage facility. Mr. Corley answered that there would be 400. Commissioner Martin asked what the percentage of protest was for this request. Ms. Few stated that because of the schedule of events prior to and for this meeting, she was unable to quote a percentage of protests. Ms. Few stated that of the thirty-seven signatures on the petition, some are duplicates of letters and some are not property owners. At the time, the percentage of protests was unable to calculate because of duplicate protests. Mr. Corley finished by saying that the reason for the protests are because the people are misinformed about what will be taking place. Ex-Officio, Jaramillo asked if the storage units would be accessible twenty-four hours per day, and if so, it is possible that someone could be entering the facility at abnormal times. Mr. Corley answered that the renters would have access anytime, however, it would be very unlikely that anyone would be moving anything in or out at an odd hour of the morning. Mr. Wayne Cox was available to speak against the request. Mr. Cox stated that a 400-unit storage unit facility is considerably large and the lighting would be entering the windows of all of the surrounding homes. Mr. Cox also stated that he as well as many others in the subdivision who purchased homes from Mr. Corley do not want the facility near their homes. Mr. James Penney was available to speak against the request. Mr. Penney stated that he agrees with Mr. Cox in that the area should be kept for single family dwellings. Mr. Penney finished by saying that the noise would be a considerable factor for the disapproval of the facility. Mr. Lesley Huffman was available to speak against the request. Mr. Huffman stated that he has just recently purchased a home in the area in December and was told that the area would be restricted to single family dwelling zoning. He also stated that he is the one who mentioned the high-intensity lighting, which even if yellow will still be disturbing when shining in the windows all night. Mr. Huffman went on to say that there is already a storage facility on First Street less than five blocks away. Also, heavy trucks entering the facility would have no place to turn around. If there will be 400 units, and only twenty percent come in per day and any time of day as pointed out, that would be 80 vehicles per day. Therefore, Mr. Huffman stated, the apartment complex is preferable over people moving pots, pans and other household items all day from storage units. Ms. Cleo Dye was also available to speak against the request. Ms. Dye stated that she was protesting the storage units in this area because of the residential area. She stated that Mr. Corley had mentioned semi-trucks in the protest area. However, she said, the reference was toward moving trucks being used to load and unload would create excessive noise in this area. Mr. Corley, addressing the high intensity lighting, stated that this would not exist. The traffic would not be a problem either and not many people do any moving in the middle of the night. Mr. Corley went on to say that all of the concerns of the protests do not exist and would not exist if the mini storage were built. If the access from Arapaho is denied, that is not a problem because it is only needed for emergency vehicles. Also, Mr. Corley stated, as far as traffic count is concerned, storage units in general do not get that much traffic. Mr. Cox came up to speak again in protest, stating that a 400-unit mini storage facility would indeed create a traffic concern. Also, he stated that if Mr. Corley didn’t think that it would create a high volume traffic situation, he would like to sell his house back to Glennbrook Homes. Mrs. Penney was also available to speak against the request. Mrs. Penney stated that she and her husband did not send an individual letter back to the Commission. They talked to their renters on Arapaho Trail and stated those people have enough problems financially to need to deal with this as well. It is a low-income neighborhood; however, there are several families that have put a lot of money into their homes. Mrs. Penney went on to state that the noise, traffic and construction of storage units would drive down the already low property values for this area, which would not be fair to the currant owners. Mr. Huffman returned to the podium to state that his concerns are existent and the construction of the mini storage units would take away from the reason he purchased the home in that area to begin with. Commissioner Martin wanted to confirm the zoning. Ms. Few stated that the currant zoning is for multi-family, which sets a limit of one dwelling unit per two thousand square feet of lot area. While some of the lots would support 4-plexes, there are a couple of lots that could support larger units. The zoning on these properties has been in effect for fifteen to twenty years. It is not something that has occurred recently, it’s been in place for many years. Mrs. Penney asked that she be notified of the specific date and amount of time the zoning has been in place. She stated that the last time the area was rezoned, no many people were aware and so there were no protests at that time. Ms. Few assured Mrs. Penney that the information would be available no later than June 7th. Commissioner Glahn asked if the facility has to have 24-hour access. Mr. Corley stated that the facility wold be gated, so the storage units do not need to be accessible all day and night; it could be limited to certain hours of the day. He also mentioned that the area residents’ concerns would be addressed as necessary. Commissioner Dardin made a motion "TO RECOMMEND DENIAL OF THE REQUEST FOR REZONING TO ALLOW THE DEVELOPMENT OF MINI STORAGE UNITS BECAUSE OF THE NUMBER OF PROTESTS AND THE USE WOULD NOT BE CONSISTENT WITH THE AREA." Commissioner Martin seconded the motion. All voted "AYE", passing the motion for denial by a vote of 3-0-1.

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

5. SUBDIVISIONS.

CASE: S-01-0709(A). PETITIONER: C. Michael Shyne, the Motel 6 Subdivision Partnership, Fred L. Ayoub, Brenda Ayoub, David L. Parmeter, and Linda J. Parmeter, owners, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of the final plat of MOTEL 6 SUBDIVISION, REPLAT G, for sixteen (16) lots; with the vacation and abandonment of a ten foot (10') north/south utility easement between Lots 9G and 10G, the reduction of an east-west utility easement, approximately thirty-six feet (36') wide to a twenty foot (20') wide utility easement; the relocation of the new twenty foot (20') utility easement ten feet (10') to the south, and the adjustment of lot lines between Lots 9G and 10G; with variances on the construction and installation of alleys, on the dedication of public land, and from Section 22-01-0140(a)(19) relating to drainage plans; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA:±"4.197 acres. LOCATION: 242-392 Panorama Blvd. CURRENT LEGAL: Lots 6E-20E, Motel 6 Subdivision, Replat E, and Lot 21B, Motel 6 Subdivision, Replat B. CURRENT ZONE: District "D" (Business).

Ms. Few reported that C. Michael Shyne, the Motel 6 Subdivision Partnership, Fred L. Ayoub, Brenda Ayoub, David L. Parmeter, and Linda J. Parmeter own Lots 6E-20E, Motel 6 Subdivision, Replat E, and Lot 21B, Motel 6 Subdivision, Replat B, within the City of Alamogordo. Approval of the final plat of MOTEL 6 SUBDIVISION, REPLAT G, for 4.197 acres has been requested. Subject subdivision is for the development of sixteen (16) lots. The property is zoned "D" (Business) District. The 1971 Master Plan designates this property to be developed as commercial. Through alleys, having a width of twenty feet (20'), are required in each block. Variances to this requirement have been approved by the Alamogordo City Commission for other subdivisions in the area. 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 design, data and calculations certified by a registered engineer are required to be provided and approved by staff prior to consideration of the subdivision by the Planning and Zoning Commission. 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. A variance to the public land dedication requirement has been requested on the application. Staff recommends continued review of the final plat of Motel 6 SUBDIVISION, REPLAT G, pending receipt and review of the required drainage plans.

Mr. Klad Zimmerle, RLS, Burke and Associates, was available to speak for the petition. Mr. Zimmerle stated that they were putting together the drainage report. He stated that this is simply a replat of existing lots. They are moving one lot line about three feet to bring it into perpendicular alignment with the other lots. There was a utility easement along this line that provided electricity across the street and is no longer necessary because the currant owners have rerouted the electrical service for the property. Mr. Zimmerle also stated that there are not a lot of changes being done. They are realigning and easement for a water line and a phone line to bring into alignment for the replat that was done to the West of the property. It brings it down to a reasonable width, originally approximately thirty-five to thirty-six feet wide. This allows for more development because of more room on the properties. Also, this was already approved in different replats. Variances for the public land dedication were granted. The infrastructure has been put in and now there is just a matter of cleaning-up the property slightly. Commissioner Martin asked if the property is located on the South side of the Motel 6, near the new car wash. Mr. Zimmerle answered yes, the car wash is the West boundary on Hamilton all the way up to the Panorama Subdivision and the zoning is commercial. Also, he stated that the drainage study would be submitted soon so that the Engineering Department will have the opportunity to review it. Mr. Zimmerle stated that one of the reasons for doing a study prior to the purpose of the lot is figuring worse case scenario. For example, the whole lot paved with no landscaping, the run-off would be ponded, and the lots are adequate in that they exceed 10, 000 square feet, allowing for the ponding. Basically, there is no way to know exactly what will be needed. Commissioner Dardin asked if the report was submitted when the subdivision was first platted. Mr. Zimmerle answered that the report was not required before. Commissioner Martin asked where the water goes to. Mr. Zimmerle stated that a portion of the property is an abandoned drainage easement that the City of Alamogordo sold to the developer. What they have done is created some ponds to the South East of this property. The water heads South. Therefore, the minimal water that does fall on these properties will soak in and the rest will head West. Chairman Sanders asked if the drainage report would be submitted prior to the City Commission meeting so that Engineering can review it. Mr. Zimmerle stated that it would. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF REPLAT G, MOTEL 6 SUBDIVISION, WITH THE CONDITION THAT STAFF WILL HAVE THE OPPORTUNITY TO REVIEW THE DRAINAGE REPORT BEFORE THE CITY COMMISSION MEETING." Commissioner Martin seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

6. MISCELLANEOUS.

CASE: M-00-0289(A) WITHDRAWN. 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.

7. REPORTS.

A. City Planner.

(1) July Agenda. Ms. Few reported that the July agenda will hopefully have the access ordinance, which will be the only item. The July meeting will be on Thursday because of the 4th of July holiday falling on Wednesday.

(2) Other. Ms. Few also stated that reports should not be delayed as they were for this meeting because of the full agenda and limited time.

B. Code Administration.

(1) Salvage yards. — A copy of the June 6th report from Pat Vandergriff was provided for the Commission. The report was in reference to commercial outdoor storage and fencing requirements. Commissioner Martin asked if the reason the salvage yards have not been addressed is because of the busy schedule for Code Enforcement. Ms. Few commented that currently, the Code Administration Division is "swamped."

C. Chairman. – Chairman Sanders welcomed the new Planning Commission Member, Mr. Jack Glahn.

D. Commissioners. – None.

8. PERSONS TO BE HEARD - None.

9. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Dardin made a motion "TO ADJOURN". Seconded by Commissioner Martin. All voted "AYE", passing the motion by a vote of 4-0-0. The meeting adjourned at approximately 2:42 p.m.

Approved: July 5, 2001

/s/ Ginna L. Sanders, Chairman

ATTEST:

/s/ J. Gregory Garcia, Recording Secretary