01_MARCH07

PLANNING AND ZONING COMMISSION

REGULAR MEETING

March 7, 2001

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman

Mr. Daniel Schwebke, First Vice-Chairman.

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

Mr. Preciliano J. Martín, Member.

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

MEMBERS ABSENT:

None.

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. J. Gregory Garcia, Recording Secretary.

                OTHERS PRESENT:

                Mr. Jesus Pacheco;

                Mrs. Lili Pacheco;

                Mr. Klad Zimmerle, R.L.S, agent.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled March 7, 2001, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of five (5) items were to be considered, one (1) 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 March 27, 2001, to render final decisions.

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

3. MINUTES OF February 7th REGULAR MEETING, AND March 4th INSPECTION TOUR, 2001. Commissioner Schwebke made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner Dardin. All voted "AYE", approving the motion by a vote of 4-0-0.

4. PUBLIC HEARING.

A. CASE: V-01-0438(A). PETITIONER: Jesus M. Pacheco and Lili Pacheco, owners. REQUEST: Approval of a variance of five feet (5') from Section 29-03-20 and Section 29-04-060, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing front setbacks; which, if approved, would allow the construction of a carport ten feet (10') from the front property line, rather than the fifteen foot (15') front setback required by Code for unenclosed porches and carports. TOTAL AREA: ± 8,250 square feet. LOCATION: 613 Kingston Drive. CURRENT LEGAL: Lot 50, Brookdale Addition. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that Jesus M. Pacheco and Lili Pacheco own Lot 50, Brookdale Addition. They want to extend the front porch roof to create a carport cover over an existing concrete slab. The property, 613 Kinston Drive, is zoned "A" (Single Family Dwelling) District. The 1971 Master Plan designates this property to be developed as low density residential. A front yard of not less than

twenty five feet (25') is required. An unenclosed carport, porch, etc. may extend ten feet (10’) into the required front yard setback. The carport cover is to be constructed with a front yard setback ten feet (10’) from the front property line. Therefore a variance of five feet (5’) is required. [Note questions existed between the application request, drawings and other resources, therefore the case was prepared by staff for the maximum variance identified.] Concern exists, as always, with the possible conflict between backing vehicles and pedestrian traffic. Therefore, if approved, it is recommended that the front setback variance only be approved with the that the carport never be enclosed. 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 February 18, 2001, in the Alamogordo Daily News, and twenty-six (26) notices were mailed to property owners within the 200 foot legal protest area on February 15, 2001. No protests to the requested variance were received. Staff recommends approval of a five-foot (5’) front setback variance with the condition that the carport never be enclosed.

Mr. and Mrs. Pacheco were present for the meeting and Mrs. Pacheco was available for questions. Commissioner Schwebke commented on how nice the house appeared and asked if the consideration has been made that the extension of the patio roof may run into the side property fence. Mrs. Pacheco stated that the fence has been taken into consideration already and also the willow tree will need to be removed. Commissioner Schwebke asked the Commission if there were any objections to this property setback. Ms. Few stated that staff had noted no problems on the setback and the property would maintain the five-foot (5’) side setback. Chairman Sanders suggested to the Pachecos that house numbers be put on the house because of the difficulty the Commission had finding the property. Commissioner Schwebke made a motion "TO RECOMMEND APPROVAL OF THE VARIANCE WITH THE CONDITIONS THAT THE CARPORT NEVER BE ENCLOSED." Commissioner Dardin seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

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

 

5. SUBDIVISIONS.

A. CASE: M-01-0292(A). PETITIONER: Desert Hills, Inc., owner, by Norman Lane, President, Klad Zimmerle, R.L.S., agent. REQUEST: Approval of the partial vacation of a subdivision, more commonly know as Desert Hills Unit 11, within the City of Alamogordo, pursuant to Section 3-20-12, NMSA 1978 (1999 Repl.). TOTAL AREA: ± 0.467 acre. LOCATION: 2508 Oakmont Drive. CURRENT LEGAL: Lot 21, Desert Hills, Unit 11. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that Desert Hills, Inc., is the owner Lot 21, Desert Hills Subdivision, Unit 11, 2508 Oakmont Drive. A "Statement of Vacation" to vacate the lot has been submitted for consideration. Due to its configuration and narrow street frontage the lot has proven to be nearly impossible to build upon. The property, 2508 Oakmont Drive, is zoned District "A" (Single Family Dwelling). The 1971 Master Plan designates this property to be developed as public, schools and parks. Any plat filed in the office of the county clerk may be vacated or a portion of the plat may be vacated provided that: (1) the owners of the land in the territory proposed to be vacated sign a statement, duly acknowledged declaring the plat or a portion of the plat to be vacated; and (2) the statement is endorsed "Approved" by the planning authority of the municipality within whose platting jurisdiction the subdivision lies. [§3-20-12, NMSA 1978] The required statement has been provided. In approving the vacation or partial vacation of a plat, the planning authority of the municipality shall consider if the vacation or partial vacation of a plat will adversely affect the interests or rights of persons in contiguous territory or within the subdivision being vacated. In approving the vacation or partial vacation of a plat, the planning authority of the municipality may require that streets dedicated to the municipality in the original plat shall continue to be dedicated to the municipality. The owners of lots on the vacated plat or on the portion of the plat being vacated may enclose in equal proportions the adjoining streets and alleys which are authorized to be abandoned by the planning authority of the municipality. [§3-20-12, NMSA 1978] No consideration of dedications is required with this action. The statement declaring the vacation or partial vacation of a plat and having the proper endorsements shall be filed in the office of the county clerk wherein the original plat is filed. The county clerk shall mark the applicable words "Vacated" or "Partially Vacated" across the plat and shall refer on the plat to the volume and page on which the statement of vacation or partial vacation is recorded. [§3-20-12, NMSA 1978] The rights of any utility already existing shall not be affected by any vacation or partial vacation of a plat. [§3-20-13, NMSA 1978] The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance. An Avigation Easement limiting vertical development to not more than fifty feet (50') above ground level was executed with the annexation and remains in effect. Staff recommends approval of the partial vacation of the plat of Desert Hills Subdivision, Unit 11.

Mr. Klad Zimmerle was available for questions. Mr. Zimmerle showed the Commission what was going to be done using the area plat and map provided. There were no questions for this vacation request. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF CASE: M-01-0292(A)." Commissioner Martín seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

B. CASE: S-01-0700(A). PETITIONER: Desert Hills, Inc., Norman Lane, President, owner, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of the preliminary and final plat of DESERT HILLS, UNIT 11, REPLAT D, for one (1) lot; with variances on the construction and installation of alleys, 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: ± 0.397 acre. LOCATION: 2508 Oakmont Drive. CURRENT LEGAL: A tract of land in the North one-half of Section 6, T17S, R10E, NMPM, Alamogordo, Otero County, New Mexico described by metes and bounds as follows: Starting at the North corner of said Desert Hills Unit 11 and going South 00 degrees 02 minutes 50 seconds East along the East line of Desert hills Unit 11 a distance of 99.75 feet; thence South 30 degrees 02 minutes 08 seconds West a distance of 141.22 feet to the place of beginning of the tract of land herein described; thence South 32 degrees 53 minutes 22 seconds East a distance of 197.73 feet; thence South 47 degrees 43 minutes 51 seconds East a distance of 50.00 feet; thence along the arc of a curve to the right whose central angle is 14 degrees 32 minutes 41 seconds and whose radius is 325.00 feet and whose chord bears South 53 degrees 49 minutes 48 seconds West an arc distance of 33.85 feet; thence North 00 degrees 02 minutes 50 seconds West a distance of 61.82 feet; thence along the arc of a curve to the left whose central angle is 03 degrees 23 minutes 07 seconds and whose radius is 375.00 feet and whose chord bears South 55 degrees 07 minutes 17 seconds West an arc distance of 22.16 feet; thence North 36 degrees 34 minutes 16 seconds West a distance of 164.18 feet; thence North 30 degrees 02 minutes 08 seconds East a distance of 90.00 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that Desert Hills, Inc. owns 0.397 acres Section 6, T16S, R9E, NMPM, within the City of Alamogordo. Approval of the preliminary and final plat of DESERT HILLS SUBDIVISION, UNIT 11, REPLAT D, has been requested. Subject subdivision is for the re-dimension and replatting of one a lot. The property, 2508 Oakmont Drive, is zoned "A" (Single Family Dwelling) District. The 1971 Master Plan designates this property to be developed as public, parks and schools. 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. 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 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. As this subdivision is for only one (1) lot, it is recommended that a variance be granted on the required drainage report. The drainage information will be required prior to a building permit being issued. 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. It is recommended that the public land dedication for this subdivision (82 square feet) be included with the total dedication required for the entire of Desert Hills Subdivisions. Therefore, a variance to the public land dedication requirement is recommended on the application. A temporary traffic barricade, built to Manual of Uniform Traffic Control Devices (MUTCD) standards, will be required at the East End of Oakmont Drive. The subdivider shall be required to enter into a contract with the City, agreeing to abide by and to comply with his layout and drawings, as finally approved, and also, all plans and specifications as approved. ['§22-01-140(c), Code of Ordinances of the City of Alamogordo, New Mexico] A contract has been drafted for the completion of improvements. Staff recommends approval of the preliminary and final plat of DESERT HILLS SUBDIVISION, UNIT 11, REPLAT D, is recommended with variances on public land dedication and the requirement of a drainage report and with a Subdivider’s Contract is recommended.

Mr. Klad Zimmerle was available for questions. Mr. Zimmerle showed the Commission what was going to be done using the area plat and map provided. There were no questions for this replat request. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF CASE: S-01-0700(A)." Commissioner Martín seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

6. MISCELLANEOUS.

A. CASE: M-01-0293(A). PETITIONER: City of Alamogordo, applicant. REQUEST: Approval of an ordinance amending Section 29-05-040, of the Code of Ordinances of the City of Alamogordo, New Mexico, pertaining to residential shelter care facilities.

Ms. Few reported that the proposed ordinance will eliminate the publication and notification requirements for residential shelter care facilities going into zoning districts "A" and "B". This change will bring our ordinances into compliance with the State and Federal regulations. Staff recommends approval of the proposed ordinance for Case M-01-0293(A).

There were no questions for this case. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF CASE: M-01-0293A." Commissioner Martín seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

B. CASE: M-01-0294(A). PETITIONER: City of Alamogordo, applicant. REQUEST: Approval of an ordinance amending Section 2-01-030 and Section 22-01-140, of the Code of Ordinances of the City of Alamogordo, New Mexico, pertaining to fees for Planning items and subdivision inspection.

Ms. Few reported that the Planning Division has experienced increases in the costs that it are charged for processing cases that come before the Planning and Zoning Commission and the City Commission. Most of the fees schedules for Planning items have not been changed since 1988. In that time the costs for postage, publication, etc. have increased significantly. The proposed changes do not attempt to provide a profit for the City, but rather to cover the costs incurred. In lieu of permits with fees, a subdivider is required to pay a percentage of the cost of the subdivision improvements (water lines, fire hydrants, sewer lines, paving, curb, gutter, etc.) to cover pay for public works inspectors from the City. The 1½ percent of the cost of improvements now required has been unchanged since the 1950’s. Therefore, the fee is being increased to attempt to start to provide a realistic amount. Staff recommends approval of the proposed ordinance for Case M-01-0294(A) relating to fees.

There were no questions for this case. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF CASE: M-01-0294A." Commissioner Martín seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

7. REPORTS.

A. City Planner.

(1) April Agenda. Ms. Few reported that there will be an Ordinance and an Annexation for April.

(2) Relief Route Status. Ms. Few reported that the relief route section North of First Street is scheduled to be open in July.

(3) Other. Commissioner Schwebke stated that he would not be present for the April 4th regular meeting for the Planning and Zoning Commission. Ms. Few commented that the Planning and Zoning Commission is still in need of another member for the Commission. She also stated that if anybody knows anyone who might be interested they could submit a request to be a member of the Commission and the Mayor would review the request.

B. Chairman. Chairman Sanders asked if there has been any additional information about the salvage yards in regard to the fencing. Ms. Few stated that she has not received any definitive answers on the status of the court actions, but she would pursue the matter.

C. Commissioners. Commissioner Schwebke asked Ms. Few if anyone can be a member of the Planning and Zoning Commission. Ms. Few stated that the person is required to be a City of Alamogordo resident.

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 Schwebke. All voted "AYE", passing the motion by a vote of 4-0-0. The meeting adjourned at approximately 2:00 p.m.

Approved: May 5, 2001

/s/ Ginna L. Sanders, Chairman

ATTEST:

/s/ J. Gregory Garcia, Recording Secretary