April 5, 2000 Minutes



APRIL 5, 2000



Mr. Michael O'Hara, Chairman.

Ms. Ginna Sanders, First Vice-Chairman.

Mr. Daniel Schwebke, Second Vice-Chairman.

Ms. Paula J. Dardin, Member.

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


Mr. Preciliano Martin, Member.


Ms. Sharon L. Few, City Planner.

Ms. Armida Rodriguez, Recording Secretary.


Ms. Susan R. Moss; Mr. Klad Zimmerle, R.L.S.; Mr. Norman Lane; Mr. Gary Lane; Ms. Connie Lane; Ms. Tammy Brubaker; and other unidentified persons.

1. CALL TO ORDER. Chairman O’Hara called the regularly scheduled April 5, 2000, meeting to order at approximately 1:30 p.m. Chairman O’Hara noted that a total of five items were to be considered 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 April 25, 2000, to render final decisions.

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

3. MINUTES OF MARCH 1ST REGULAR MEETING, AND APRIL 2ND INSPECTION TOUR, 1999. Commissioner Dardin made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner Sanders. All voted "AYE", approving the motion by a vote of 3-0-0.


A. CASE: M-96-0252(A). PETITIONER: City of Alamogordo, applicant. REQUEST: Approval of a resolution, relating to the comprehensive plan for the City of Alamogordo.

Ms. Few said no protest were received and the final draft of the comprehensive plan was presented for adoption with minor corrections and modifications. Approval of the proposed resolution for the Comprehensive 2000 was recommended to the Planning Commission for the City Commission. Ms. Few said that Mr. John Taschek and Mr. Don Pava who were principle participants of the development of the plan.

Mr. Taschek said their company had been working on the master plan for three or four years. There had been a number of public information meetings and input from members of government agencies and advisory groups. Over that period of time they had responded to comments and they had incorporated all the information into a final draft.

Ms. Few said that corrections were made in the draft dated April 2000.

Mr. Pava said that the presentation was an overview of the major planning assumptions and issues to provide a base line for understanding the heart of the comprehensive plan which are the thirty-six (36) plan goals and objectives and the forty-six (46) plan policies. The way the plan is structured is to provide framework for making policy decisions in the future by applying and interpreting the goals, objectives and policies to any particular situation that may come across over the next twenty years.

Mr. Pava showed the future land use maps that showed the trail systems, bike system, water service areas, and drainage systems. The plan was based upon actual information and background data from demographic to geographic information.

Commissioner Schwebke made a motion "TO RECOMMEND APPROVAL OF CASE M-96-0252(A)". Seconded by Commissioner Sanders. All voted "AYE", passing the motion by a vote of 4-0-0.

B. CASE: Z-00-0594(A). PETITIONER: Desert Hills, Inc., owner, by Norman Lane, president. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "A-1@ (Townhouse); which, if approved, would allow the property to be developed for one (1) attached or detached, single family dwelling unit per lot. TOTAL AREA: ± 1.21 acres. LOCATION: 2508, 2518, 2528, and 2538 Oakmont Drive. CURRENT LEGAL: Lots 18 through 21, Desert Hills, Unit 11. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few said that considerations for spot zoning were noted in the report directed by the City Attorney. Ms. Few said that twenty-six (26) notices were mailed and fourteen (14) protests from the owners within the legal protest area and one protest received from the owner of the property outside the legal protest area. This constitutes thirty-five percent of the two hundred-foot (200’) legal protest area. Ms. Few said that staff had recommended the rezoning, as the density would be within the low-density standards.

Mr. Gary Lane said that he had not had a chance to visit with any of the property owners to explain about rezoning of the property. Mr. Lane said that he was not aware of the high percentage of protests and if it was something that the neighbors did not want then Desert Hills was prepared to withdraw their application. Mr. Lane said that people were concerned about property devaluation, high density, or road type housing or apartments and that was not their intent. Mr. Lane said that some of those lots were irregular and could not be used as standard lots, because of the way they were designed. He said that all the houses that he was planning to build would be townhouse or single-family houses like the ones on Desert Lakes and Hamilton Road. All the houses would be sold as single family homes. The lot sizes would be a minimum of 57-foot lots. Mr. Lane asked Ms. Few if A-1 Zoning would allow him to have connected homes?

Ms. Few said that it would allow him to have a zero lot line.

Mr. Lane said that he did not want to mislead anyone in to thinking that it would be a definite single family detached home, there would be the possibility of attaching the homes. The restrictive covenants that apply now at Desert Hills Subdivision would remain the same. Commissioner Schwebke asked Mr. Lane if he owned the lot north of Lot 21? Mr. Lane said that Desert Hills owned the property. Commissioner Schwebke asked if it would be feasible to improve the land north of there to incorporate 21 and give it a wider frontage. Mr. Lane said that they were limited because there was a fifty-foot (50’) drainage easement to the west of all of the lots.

Chairman O’Hara asked if the homes that were being built would resemble the homes on Desert Lakes? Mr. Lane said that they would likely resemble them and was not a restriction whether it be stucco or brick. Mr. Lane said that the market was calling for detached separated houses, but if he had two elderly ladies that say they want attached houses then he would build the homes according to what the buyer wanted.

Ms. Few said that a unit that is detached the side yard setbacks for single story, five feet (5’), for two story seven and one-half feet (7.5’). If they are attached the side yard setback still remains the same as the side that is not attached to another unit, so zero (0) lot line could not be built if only one unit being scooted over to a lot. Ms. Few said that she had provided copies of all the protests to everyone.

Mr. Darrell Ballard said that he resided at 2626 St. Andrews Court and when he purchased his lot ten or eleven years ago he was informed at that time there would be no more townhouses.

Mrs. Holmes said that she resided at 2548 Oakmont and was asked by the group to make sure if they were single family or two story houses? Mr. Lane said that with A-1 zoning they could build up to two and one-half story houses but he did not know it would be what the market wanted.

Mr. Lane said that on the two story homes that he typically build had concealed pitched roof house and would run 20 to 22 feet tall. On a single story house with a pitched roof many times it would exceed 20 or 22 feet in height. The lots are up for sale and anyone could build whatever size of house they wanted as long as they met the restrictive covenants.

Ms. Betty Cowell said she resides at 2617 St. Andrews Court and her concern was based on what attracted them to Desert Hills area was the development around them was for single family homes. Ms. Cowell said that she was against the rezoning because there was too much uncertainty and there was not anything positive about the building.

Chairman O’Hara said that he wanted to make a comment that in his opinion the Lanes would not do anything to devalue the area.

Commissioner Schwebke made a motion "TO DISAPPROVE CASE Z-00-0594(A) BECAUSE OF THE RECEIPT OF 35 PERCENT (35%) AGAINST THE PROJECT". Seconded by Commissioner Sanders. Commissioner Schwebke and Commissioner Sanders voted for and Commissioner O’Hara and Commissioner Dardin voted against, splitting the vote 2-2-0.

Mr. Lane said that he was hoping that after explaining that he would have a chance to talk to others, but if he was getting an unfavorable recommendation they would not be interested in pursuing any further. Mr. Lane said that he did not know if they could withdraw their request for the zoning change. Ms. Few said that she could pull the publication if Mr. Lane was to put his request to withdraw in writing.

Chairman O’Hara said that Mr. Lane had withdrawn his request for rezoning, in writing. Chairman O’Hara said that the subdivision would remain as it presently exists.



A. CASE: S-00-0661(A). PETITIONER: Tammy D. Brubaker, owner, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of the final plat of HAMILTON RIDGE SUBDIVISION, A REPLAT OF REYNOLDS SUBDIVISION, REPLAT B, LOT 2B, for twelve (12) lots; with variances on the construction and installation of alleys, on the installation of streets to City standards (no curb or gutter, twenty-four feet of hot mix paving with shoulders), on the installation of water and sewer lines, and on the dedication of public land; with public access, private wells, and septic tank systems; located within the City of Alamogordo. TOTAL AREA: ± 14.404 acres. LOCATION: 3060 Hamilton Road. CURRENT LEGAL: Lot 2B, Reynolds Subdivision, Replat B. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few said that the property was presently zoned Single Family, there is an existing avigation easement on the property, no alleys were proposed and that would require a variance. Ms. Few said that the City had not yet received the design calculations. Variance to lot dedication was requested a total of half an acre was required for dedication. Temporary barricades may be needed at the north end of Hamilton Ridge which was designed with access to the north of the property to allow for future development and would avoid a cul-de-sac in access of the length prescribed by City Standards. Ms. Few said that a variance had been requested regarding improvements to the street, normally, curb, gutter, hot mix paving at a two inch length would be required. Ms. Few said that the property is outside the utility extension area and as such the City was concerned that a variance to the City standards would be appropriate given the exiting or lack of standards on Hamilton Road. Ms. Few said that the subdivider would be going with the 24 foot paving and shoulders as opposed to curb, gutter and sidewalks. A waiver of protest agreement had been drafted and Engineer Dean Hunt had noted for plan approval of pre-construction conference, construction schedule to the subdivision. No water and sewer lines had been proposed, but there would be a septic tank service and individual wells. Ms. Few said that concerns of Joe Bailey, Fire Services Supervisor are noted for the lack of water and sewer for firefighting. A contract has been drafted for the improvements under the subdivider's contract and staff was recommending approval of the Final Plat Hamilton Ridge Subdivision with the requested variances and required contracts.

Mr. Zimmerle said that there was a drainage study prepared to be submitted with this and if it was not in the packet, then it was an oversight on his part. There was one ready. On the plans they detailed the drainage structures that needed to be in place and also the ponding areas on the lots themselves that were calculated that were to retain on site drainage that was generated. There was a report prepared and he apologized for not getting in the packet. Mr. Zimmerle said that the area was south of town, the lots were large and would be developed basically three (3) cul-de-sac, it was phased one, two and three. The last one was not a cul-de-sac it, was to the property line to allow through traffic should it be necessary in the future. Mr. Zimmerle said that the soils are adaptive for wells and septic tanks. Mr. Zimmerle said that Ms. Brubaker was hoping to build large homes, nice development and left native.

Mr. Zimmerle said that as far as fire protection Ms. Brubaker had a system that would be put in place on the lots, where the wells would be totally separate. The electrical system would be totally separate from the system in the house, so should there be a fire; the well would still be completely operable and be able to provide water at the site. Mr. Zimmerle said that the plans show the street section which was 24 foot paved with 4 foot shoulders, with wells, and septic. Ms. Few said that the City Engineer might require 7 feet from start to finish. The other as required by the City and in the approval; specific variances are noted and attached with the agreements when they are filed. The specific agreements are granted, so there is documentation of what is not being required or specific variances are being granted.

Commissioner Schwebke made a motion "TO RECOMMEND APPROVAL OF CASE S-00-0661(A)." Seconded by Commissioner Dardin. All voted "AYE", passing the motion by a vote of 4-0-0.

B. CASE: S-00-0662(A). PETITIONER: James R. Erbes, owner, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of the final plat of GOVERNMENT SUBDIVISION OF SECTION 18, T17S, R9E, NMPM, REPLAT B, for eight (8) lots; with the vacation and abandonment of three (3) thirty-three foot (33’) access easements between Lots 25 and 26, 27 and 28, and 29 and 30 and the dedication of one (1) fifty foot (50’) access easement; with variances on the construction and installation of alleys, on the installation of utilities (water and sewer), on the length of time allowed for filing the final plat (requesting 90 days), on the dedication of public land, and from Section 22-01-0140(b)(1) relating to drainage plans; with public access, private wells, and septic tank systems; located outside the City of Alamogordo, but within its planning and platting jurisdiction. TOTAL AREA: ± 14.258 acres. LOCATION: U.S. Highway 70 West. CURRENT LEGAL: Lots 24 through 31, Government Subdivision of Section 18, T17S, R9E, NMPM. CURRENT ZONE: Outside the City, no zoning.


Ms. Few said that Mr. Erbes owned 14 acres west, between Alamogordo and Holloman, he would be replating eight (8) each, nearly two (2) acres in size with the vacation of four (4) access easement and a dedication of one fifty foot (50’) easement. There was no zoning outside the City and the mater plan did not include the area in their development plans. The alleys are proposed and the alleys are proposed and a variance is proposed and the variance is supported. No public land dedication is proposed and a variance is supported. No public land dedication is proposed and a variance is supported; utility and street improvements are required in each new subdivision. Ms. Few said that since this is a county subdivision, private wells and individual septic tanks would be provided with gravel streets on the interior. Level and improvements will coincide with county standards and the approval of the variances on these standards in favor of the county standards is supported. Ms. Few said no drainage calculations were provided, however as each lot was nearly two (2) acres in size and the size, location and development of each lot is not specified. Approval of the variance was supported with the understanding that lot specific calculations will be required with the applications with each building permit, such permits will be issued by the City of Alamogordo. Three thirty-three feet (33’) access easements were to be vacated with one (1) fifty-foot (50’) access easement being provided in return. The new access easement should be dedicated. The subdivision is scheduled for consideration by the County Planning Commission. Ms. Few said that staff was recommending approval with the requested variances and one condition that the new fifty-foot (50’) access is dedicated as a street right-of-way.

Chairman O’Hara asked if it had been before the Planning Commission.

Mr. Zimmerle said that it was the same tract, since then he had acquired additional lots and what they were doing was complying with the last request that they give a fifty foot (50’) street right-of-way to access the rear. Mr. Zimmerle said that he had a copy of the plat of the entire subdivision. The easements were every other lot and state land on both sides and they would be providing a total of a fifty foot (50’) easement. They would be dedicated and accepted by the county.

Commissioner Sanders made a motion "TO RECOMMEND APPROVAL OF S-00-0662(A)" WITH THE STIPULATIONS NOTED BY STAFF". Seconded by Commissioner Dardin. All voted "AYE", passing the motion by a vote of 4-0-0.


CASE: M-00-0288(A). PETITIONER: C. J. Dugan and Otero County Motel Company, Inc. owners, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of the vacation of a certain utility easements and the dedication of new utility easements located in Rath Tara Estates, Phase 2, within the City of Alamogordo. CURRENT LEGAL: Rath Tara Estates, Phase 2. CURRENT ZONE: District "D" (Business).

Ms. Few said that the attached plat would vacate the obsolete dedications and formalize the new location by dedication. Ms. Few said that staff was recommending approval of the case with the legal description and the warranty deed to the city for the property convened by Mr. Dugan and clarification of the easement and those being abandoned

Mr. Zimmerle said that in working with Mr. Paul Light the attempt was to get easements into place which were omitted from the original Rath Tara. There are water lines and sewer lines that serve Rath Tara Estates. There are some phone lines and existing sewer that accommodate Motel 6 and bore under the Highway and other areas.

Ms. Few said that the specific concerns were that it be noted on the far north ten-foot (10’) utility easement and the others to remain and that they get a legal description so that they can be noted and transferred to Mr. Dugan.

Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF CASE S-00-0662(A) WITH THE DESCRIPTIONS FOR THE DEEDS BEING DRAWN UP". Seconded by Commissioner Dardin. All voted "AYE", passing the motion by a vote of 4-0-0.


    A. City Planner.

      (1) May Agenda – Ms. Few said that there were four (4) cases, a variance, a rezoning and two subdivisions. Ms. Few said that Mr. Dean Hunt would be sitting in for her in May and June meetings.

      (2) Walk Otero (1-888-662-WALK). – Ms. Few said that it was currently kicked-off and was a program to promote walking for health purposes. If anyone interested called they would receive a walking kit that had information about general walking programs.

      (3) NMSHTD/BPE Committee meeting, Tuesday, April 11, 2000, 9:00 a.m. – 3:00 p.m., Chamber of Commerce Board Room, 1301 N. White Sands Boulevard.

      (4) City Commission Work Session on the new Comprehensive Plan, Tuesday, April 18, 2000, 6:30 p.m., at the Library. Ms. Few said the work session was open to the public.

      (5) NM League of Zoning Officials, Planning and Zoning Commissioners Workshop, Thursday, May 11, 2000, Albuquerque, NM. – Ms. Few said that it was scheduled from 8:00 a.m. – 5:00 p.m. It would include lunch and registration fee was fifty dollars ($50) per person. Ms. Few said that if any member was interested in going, the City would pay for the registration fee and pay a small additional amount that would cover rooms if anyone was interested in going up the night before.

      (6) Other – Ms. Few said that the Comprehensive Plan would be presented to the City Commission for adoption on April 25, 2000.

    B. Chairman.

    C. Commissioners.

      (1) Inspection Tours. (Commissioner Martin) – Postponed.

      (2) Other – None.


9. ADJOURNMENT - There being no further business to come before the Commission, Schwebke made a motion "TO ADJOURN". Seconded by Commissioner Sanders. All voted "AYE", passing the motion by a vote of 5-0-0. The meeting adjourned at approximately 3:00 p.m.


Approved: ____________________


Michael M. O'Hara, Chairman




Fern Eckenberg, Recording Secretary


Approved at the Planning & Zoning Commission Regular Meeting of June 7, 2000.