August 16, 2000 Minutes

PLANNING AND ZONING COMMISSION

SPECIAL MEETING

AUGUST 16, 2000

 

MEMBERS PRESENT:

Ms. Ginna L. Sanders, First Vice-Chairman.

Ms. Paula J. Dardin, Member.

Mr. Preciliano J. Martín, Member.

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

MEMBERS ABSENT:

Mr. Michael M. O’Hara, Chairman

Mr. Daniel Schwebke, Second Vice-Chairman.

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Ms. Fern Eckenberg, Recording Secretary.

Mr. J. Gregory Garcia, Code Administration Secretary.

OTHERS PRESENT:

Mr. Klad Zimmerle, R.L.S., of Burke & Associates; Ms. Susan Moss, Otero Economic Development Council; Mr. Jim French, President, Tierra de Suenos, Inc.; Mr. Ed Carr, Otero County Economic Development Council; Ms. Martha Cox, Grace Methodist Church; Mr. Joe Chambers, Grace Methodist Church; Mr. Joe Messer, Grace Methodist Church; and other unidentified persons.

 

1. CALL TO ORDER. Acting Chairman Sanders called the special August 16, 2000, meeting to order at approximately 1:30 p.m. Acting Chairman Sanders noted that a total of six (6) 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 September 12, 2000, to render final decisions.

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

3. MINUTES OF JULY 5TH AND AUGUST 2ND REGULAR MEETINGS, AND JULY 30TH INSPECTION TOUR, 2000. 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 3-0-0.

4. SUBDIVISIONS.

A. CASE: S-00-0673(A). PETITIONER: Tierra de Suenos, Inc, owner, James W. French, President, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of the preliminary and final plat of TIERRA DE SUENOS SUBDIVISION, UNIT 4, for eight (8) lots; with variances on the construction and installation of alleys, and on the dedication of public land; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ± 5.718 acres. LOCATION: Desert Lakes Road. CURRENT LEGAL: A tract of land in the Southeast one-quarter of Section 31, T16S, R10E, NMPM, described by metes and bounds as follows: Starting at the Southeast corner of said Section 31 and going North 00 degrees 01 minutes 21 seconds West along the East line of said Section 31 a distance of 80.00 feet; thence South 89 degrees 42 minutes 24 seconds West a distance of 1603.18 feet to the place of beginning of the tract of land herein described; thence continuing South 89 degrees 42 minutes 24 seconds West a distance of 400.75 feet; thence North 00 degrees 05 minutes 50 seconds West a distance of 625.10 feet; thence North 89 degrees 42 minutes 08 seconds East a distance of 362.78 feet; thence South 00 degrees 05 minutes 50 seconds East a distance of 39.50 feet; thence North 89 degrees 40 minutes 26 seconds East a distance of 38.18 feet; thence South 00 degrees 04 minutes 36 seconds East a distance of 585.66 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling) upon annexation. RECOMMEND: Approval of the final plat with the variance on alleys, the required plat corrections, and execution of contracts.

Ms Few stated that Tierra de Suenos, Inc., owns 5.388 acres in Section 31, T16S, R10E, NMPM, within the City of Alamogordo. Approval of the preliminary and final plat of TIERRA DE SUENOS, UNIT 4, SUBDIVISION has been requested. Subject subdivision is for the development of eight (8) residential lots. The property, on Desert Lakes Road, will be zoned "A" (Single Family Dwelling) District upon completion of annexation. The 1971 Master Plan designates this property to be developed as low density residential. 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. 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. The acreage is due the City for dedication on the total of the 4 units. Dedication will be required prior to completion of the last unit. 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. 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 that is in process. 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. The installation of street improvements, in accordance with the "Technical Standards" is required. Concerns from Engineer Dean Hunt are included in the packet. The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required. The utility plans for the development indicate that a single 6-inch dead end water line is being proposed to serve this development. It is recommended that the waterline be extended to the west between Lots 3 & 4 such that it can be tied into the waterline that was extended in Unit 2 of Tierra de Suenos. This extension will form a looped system for the development. A looped system will not only help prevent the formation of stale water in the system but will also help to increase the fire flow at the hydrant within the development. 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. A contract has been drafted for the completion of improvements. Staff recommends approval of the final plat of TIERRA DE SUENOS UNIT 4, with the variance on alleys, the required plat corrections, and execution of contracts.

Mr. Klad Zimmerle, R.L.S., of Burke & Associates, was present to answer any questions regarding the subdivision application. Commissioner Martin asked for clarification on the comment regarding the public land dedication. Ms. Few explained that the public land dedication was scheduled for a later date for the entire Tierra De Suenos development. Ms. Few further explained that the location of the public land dedication is roughly set now for north of Tierra De Suenos Unit 3 which would be to the north and slightly to the west of this subdivision. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF CASE S-00-0673(A) WITH THE VARIANCES ON ALLEYS, THE REQUIRED PLAT CORRECTIONS, AND EXECUTION OF CONTRACTS". Commissioner Martin seconded the motion. All voted "AYE", passing the motion by a vote of 3-0-0.

B. CASE: S-00-0674(A). PETITIONER: C. Michael Shyne, owner, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of the preliminary and final plat of INDIAN TRAIL SUBDIVISION, for 9 (nine) lots; with variances on the construction and installation of alleys, on the installation of utilities (water and sewer), on the construction of streets to City standards (curb, gutter, sidewalk, and paving), on the length of time allowed for filing the final plat (requesting 90 days), and 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: ± 9.653 acres. LOCATION: US Highway 54/70. CURRENT LEGAL: A tract of land in the South one-half Northeast one-quarter of Section 33, T15S, R10E, NMPM, described by metes and bounds as follows: Starting at the center one-quarter corner of said Section 33 and going North 89 degrees 50 minutes 43 seconds East along the East/West Centerline of Section 33 a distance of 1548.87 feet to the place of beginning of the tract of land herein described; thence North 17 degrees 04 minutes 55 seconds West a distance of 1382.04 feet; thence South 89 degrees 53 minutes 51 seconds East a distance of 291.87 feet to the West right-of-way line of U.S. Highway 54/70; thence South 19 degrees 10 minutes 49 seconds East along said right-of-way line a distance of 1397.18 feet; thence South 89 degrees 50 minutes 43 seconds West a distance of 344.95 feet to the said place of beginning. CURRENT ZONE: No zoning, outside the City. RECOMMEND: Approval of the preliminary and final plat with variances (on alleys, on public land dedication, on the construction of utilities and streets to City standards, on the length of time for filing a plat, and on the drainage requirements).

Ms. Few stated that C. Michael Shyne owns 9.653 acres in Section 33, T15S, R10E, NMPM. Development of the property into lots, each at least one (1) acres, is proposed. The property has no zoning since it is located outside the City of Alamogordo. Upon approval of the final plat by the City Commission, the subdivider shall file and record the original thereof with the County Clerk and recorder of Otero County, State of New Mexico, and likewise deliver a copy thereof to the County Assessor within thirty (30) days after approval. The developer has requested ninety (90) days from City Commission approval to file the plat. The request should allow sufficient time to process the subdivision through the County’s procedure. The variance is supported by staff. Through alleys, having a width of twenty feet (20') are required in each block. A variance to this requirement is required by the applicant. As the subdivision is located outside the City of Alamogordo and will be developed to Otero County standards, approval of this variance is supported by staff. 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 a building permit being issued by the City of Alamogordo. 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. A variance to this requirement is required by the developer. As the subdivision is located outside the City, it is not appropriate to require public land to be dedicated to the City. Approval of the variance is supported by staff. Utility and street improvements are required to be provided in each new subdivision in accordance with the Technical Standards and the subdivider shall be required to enter into a contract with the City for the construction of such improvements. Utility and street improvements are required to be provided in each new subdivision in accordance with the Technical Standards and the subdivider shall be required to enter into a contract with the City for the construction of such improvements. Private wells, individual septic tank systems, and gravel streets are proposed for the subdivision. A variance from the requirements of the City's development standards is required. The level of improvements for the subdivision will comply with the County's standards. The width of the easement for Keelin Road and the right-of-way for US Highway 54/70 must be shown on the plat. The plat must be amended. It appears that the fifteen foot (15’) wide drainage easements are not wide enough in relation to the concrete box culvert indicated on the terrain Management Plan. The design should be checked. Otero County and the City of Alamogordo shall exercise concurrent jurisdiction over territory within the five mile platting jurisdiction of both the county and the municipality. The subdivision is scheduled for consideration by the County Planning Commission. Staff recommends approval of the preliminary and final plat of INDIAN TRAIL SUBDIVISION with variances (on alleys, on public land dedication, on the construction of utilities and streets to City standards, on the length of time for filing a plat, and on the drainage requirements) is supported by staff.

Mr. Klad Zimmerle, R.L.S., of Burke & Associates, was present to answer questions regarding the subdivision application. Mr. Zimmerle reported that the northern drainage easement and the center drainage easement to a total of 20 feet; the right-of-way for US Hwy 54/70 is 215 feet and has been added to the plat; and Keelin Road is a 30 foot road and utility easement given to Otero County per Book 292, Page 521 and this information has also been added to the plat. Commissioner Martin asked for clarification on the width of the drainage easement. Mr. Zimmerle responded that there were no drainage easements now and that the subdivision was accommodating existing drainage. The developer proposed 15 foot drainage easements and at staff’s request, the drainage easements were widened to 20 feet. Acting Chairman Sanders asked if the proposals Mr. Zimmerle was making would meet staff concerned. Ms. Few stated that she would defer to Mr. Hunt’s comments and that the proposal will be clarified with Mr. Hunt prior to the subdivision application going to City Commission. Commissioner Martin asked if the subdivision had been before the County Planning Commission. Mr. Zimmerle responded that the subdivision has not been before the County Planning Commission. The application has a 30-day period for State review and the application is in that process now. The application will be reviewed by the State Engineer, the Environment Department, and Soils Conservation, before it is presented to the County Planning Commission. Mr. Zimmerle stated that was the reason for the 90-day extension for filing the subdivision plat. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF THE PRELIMINARY AND FINAL PLAT OF CASE S-00-0674(A), WITH THE VARIANCES AS REQUESTED BY STAFF". Commissioner Martin seconded the motion. All voted "AYE", passing the motion by a vote of 3-0-0.

C. CASE: S-00-0675(A). PETITIONER: Danley Ranch Estates, Inc., owner, Justin B. Danley, President, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of the preliminary and final plat of DANLEY RANCH ESTATES SUBDIVISION, UNIT 2, for thirty (30) lots; with variances on the construction and installation of alleys, on the installation of utilities (water and sewer), on the construction of streets to City standards (curb, gutter, sidewalk, and paving), on the length of time allowed for filing the final plat (requesting 90 days), and on the dedication of public land, and from Section 22-01-0140(b)(1) relating to drainage plans; with access, private wells, and septic tank systems; located outside the City of Alamogordo, but within its planning and platting jurisdiction. TOTAL AREA: ± 78.528 acres LOCATION: Moondale Road CURRENT LEGAL: A tract of land in the East one-half of Section 30, T15S, R10E, NMPM, described by metes and bounds as follows: Starting at the South one-quarter corner of said Section 30 and going North 00 degrees 18 minutes 38 seconds West along the North/South centerline of said Section 30 a distance of 208.00 feet to the place of beginning of the tract of land herein described; thence North 89 degrees 26 minutes 31 seconds East a distance of 1040.00 feet; thence South 00 degrees 18 minutes 38 seconds East a distance of 208.00 feet; thence North 89 degrees 26 minutes 31 seconds East a distance of 327.02 feet; thence North 00 degrees 18 minutes 08 seconds West a distance of 2660.36 feet; thence South 89 degrees 25 minutes 39 seconds West a distance of 1367.41 feet; thence South 00 degrees 18 minutes 38 seconds East a distance of 2452.01 feet to the said place of beginning. CURRENT ZONE: No zoning, outside the City. RECOMMEND: Approval of the preliminary and final plat with the requested variances (on alleys, on public land dedication, and on the construction of utilities and streets to City standards).

Ms. Few stated that Justin B. Danley and Michael R. Haymes own 78.528 acres in Section 30, T15S, R10E, NMPM. Development of the property into thirty (3) lots, each at least two (2) acres, is proposed together with dedication of rights-of-way. The property has no zoning since it is located outside the City of Alamogordo. The 1971 Master Plan does not include this portion of the extra-territorial jurisdiction and, therefore, it contains no recommendation as to the development of the property. Upon approval of the final plat by the City Commission, the subdivider shall file and record the original thereof with the County Clerk and recorder of Otero County, State of New Mexico, and likewise deliver a copy thereof to the County Assessor within thirty (30) days after approval. The developer has requested ninety (90) days from City Commission approval to file the plat. The request should allow sufficient time to process the subdivision through the County’s procedure. The variance is supported by staff. Through alleys, having a width of twenty feet (20') are required in each block. A variance to this requirement has been requested by the applicant. As the subdivision is located outside the City of Alamogordo and will be developed to Otero County standards, approval of this variance is supported by staff. 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 a building permit being issued by the City of Alamogordo. Approval of the variance is supported. 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. A variance to this requirement has been requested by the developer. As the subdivision is located outside the City, it is not appropriate to require public land to be dedicated to the City. Approval of the variance is supported by staff. Utility and street improvements are required to be provided in each new subdivision in accordance with the Technical Standards and the subdivider shall be required to enter into a contract with the City for the construction of such improvements. Utility and street improvements are required to be provided in each new subdivision in accordance with the Technical Standards and the subdivider shall be required to enter into a contract with the City for the construction of such improvements. Private wells, individual septic tank systems, and gravel streets are proposed for the subdivision. A variance from the requirements of the City's development standards has been requested. The level of improvements for the subdivision will comply with the County's standards. The variance is appropriate. Otero County and the City of Alamogordo shall exercise concurrent jurisdiction over territory within the five mile platting jurisdiction of both the county and the municipality. The subdivision is scheduled for consideration by the County Planning Commission. Staff recommends approval of the preliminary and final plat of DANLEY RANCH ESTATES, UNIT 2, SUBDIVISION with the requested variances (on alleys, on public land dedication, and on the construction of utilities and streets to City standards) is supported.

Mr. Klad Zimmerle, R.L.S., of Burke & Associates, was present to answer any questions regarding the subdivision application. Mr. Zimmerle stated that the subdivision had already been before the County Planning Commission and had received approval. There was one (1) modification to increased a portion of the street right-of-way along the southeast corner of this property. The subdivision will go before the County Commission on August 28, 2000, for preliminary and final approval. Acting Chairman Sanders asked if there were other "Moon" streets in town -- like "Moonglow"? Mr. Zimmerle stated that "Moonglow" was in town and that the street names on the subdivision plat had been approved by the E911 system and the mapping department at the County. One street name had to be changed from "Moonlight". Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF CASE S-00-0675(A) WITH THE REQUESTED VARIANCES". Commissioner Martin seconded the motion. All voted "AYE", passing the motion by a vote of 3-0-0.

D. CASE: S-00-0676(A). PETITIONER: The National Division of the Board of Missions of the Methodist Church, owner, Grace United Methodist Church, Martha Cox, Trustee, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of the final plat of ALAMO BLOCKS, BLOCKS 216 AND 217, REPLAT B SUBDIVISION, for the consolidation of twenty (20) lots into one (1) lot; with the vacation and abandonment of Puerto Rico Avenue between Sixteenth Street and Greenwood Lane, two (2) east/west alleys between Cuba and Puerto Rico Avenues in Block 217, and one (1) north/south alley between Sixteenth Street and Greenwood Lane in Block 217; with variances on the construction and installation of alleys, on the dedication of public land, and from Section 22-01-0140(b)(1) relating to drainage plans; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ± 4.226 acres. LOCATION: 1206 Greenwood Lane. CURRENT LEGAL: The East 106 feet of Lots 8, 9 and 10, Block 216, Lots 11 through 24 of the Resubdivision of Lots 1, 2, and 3, Block 217 Alamogordo, Otero County, New Mexico, the sixteen foot alleys contained within said Resubdivision and that portion of Puerto Rico Avenue lying West of and adjacent to said Resubdivision: Beginning at the Northeast corner of the Resubdivision of Lots 1, 2, and 3, Block 217 and going South along the East line of said Resubdivision of Lots 1, 2, and 3, a distance of 317.1 feet to the North right-of-way line of Sixteenth Street; thence West along said right-of-way line a distance of 496.00 feet; thence North a distance of 371.1 feet to the South right-of-way line of Greenwood Lane; thence East along said right-of-way line a distance of 496.00 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling). RECOMMEND: Approval of the final plat with the required plat corrections, the required variances (on alleys, on public land dedication, and on drainage study), and the vacation of alleys in Block 217, but with denial of the vacation of part of Puerto Rico Avenue.

Ms. Few stated that The National Division of the Board of Missions of the Methodist Church, Grace United Methodist Church, Martha Cox, Trustee, owns the East 106 feet of Lots 8, 9, and 10, Block 216, Alamo Blocks, and all of Block 217, Alamo Blocks. The East 106 feet of Block 216, on the West side of Puerto Rico Avenue, was divided into six (6) parcels for residences. Those buildings have been demolished. Block 217 houses the Grace Methodist Church complex. A subdivision plat to vacate and abandon Puerto Rico Avenue (between Sixteenth Street and Greenwood Lane) and the three (3) alleys under the church in Block 217, and consolidate the property into one (1) lot has been submitted for consideration. The property is zoned "A" (Single Family Dwelling) District. The 1971 Master Plan designates this property to be developed as low density residential. There is an apparent error in the reference to a block number within the dedication statement. The dedication must be corrected prior to consideration of the subdivision by the City Commission. A number to identify each lot and block is required on the plat. This information is required on the plat prior to consideration of the subdivision by the City Commission. The minimum front building setback line is required to be shown on each lot. This information is required on the plat prior to consideration of the subdivision by the City Commission. Reference to recorded subdivision plats of adjoining platted land by record name, date and number is required on the plat. This information is required on the plat prior to consideration of the subdivision by the City Commission. The names of record owners of adjoining unplatted land is required on the plat. This information is required on the plat prior to consideration of the subdivision by the City Commission. Addresses for each lot are required on the plat. Addresses for each lot will be provided to the consulting engineer under separate cover upon final determination of lot configuration and are required on the plat prior to filing. The acreage or square footage of each lot is required on the plat. This information is required on the plat prior to consideration of the subdivision by the City Commission. 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 a City building permit being issued for additional construction on the property. Through alleys, having a width of twenty feet (20'), are required in each block. The general public is not using the existing alleys in Block 217 that are shown on the plat, and it appears that there are no public utilities in them. The vacation of the alleys, that will result from the filing of the plat, should have no significant impact on the traveling public or on future plans for public utilities. Variances to the requirement for alleys have been approved by the Alamogordo City Commission for other subdivisions if adequate provisions are made for utilities. 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. The following is a summary of the acreage due the City for dedication:

 

NO.

 

 

GROSS

 

 

NET

 

 

PLD

LOTS  

 

ACREAGE

 

 

ACREAGE

 

 

ACRES

1  

 

4.226

 

 

4.226

 

 

0.21135

A variance to the public land dedication requirement is required. The proposed subdivision will vacate and partially abandon the forty foot (40’) street right-of-way, known as Puerto Rico Avenue, between Sixteenth Street and Greenwood Lane. The portion of Puerto Rico Avenue that is being proposed for vacation provides continuity from the portion of Puerto Rico that lies to the south of the subject property with that portion of Puerto Rico that lies to the north of the property. In addition to providing continuity for the public street system the existing right-of-way provides for an existing (active) waterline. While the applicant is proposing a twenty foot (20’) foot wide utility easement for the waterline, the easement will not prevent the construction of significant improvements (walls, landscaping etc.) that will be expensive to replace when it is necessary to work on or replace the existing waterline. For the above reasons vacation of this portion of Puerto Rico is not recommended. The plat submitted with the request does not show the location of the existing waterline. Based on field observations it appears that the existing waterline may be outside or near the edge of the proposed twenty foot (20’) wide utility easement. If the street vacation is approved, the twenty foot (20’) easement should be centered on the existing waterline and the old service lines to the lots on the west side of Puerto Rico should be shut off at the main. If other public utilities exist within the right-of way the proposed twenty foot (20’) easement may need to be widened or additional easements may be needed to provide for them. Alternately, relocation of the right-of-way and the active utility lines (at the applicants expense) may be an option that would allow the property to be unified and allow a continuous access corridor for Puerto Rico Avenue. 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. A contract will be drafted for the completion of improvements, should that be required by relocation of the street or any utilities. Staff recommends approval of the final plat of ALAMO BLOCKS, BLOCKS 216 AND 216, REPLAT B, SUBDIVISION with the required plat corrections, the required variances (on alleys, on public land dedication, and on drainage study), and the vacation of alleys in Block 217, but with denial of the vacation of part of Puerto Rico Avenue.

Mr. Klad Zimmerle, R.L.S., of Burke & Associates was present to answer questions regarding the requested subdivision. Mr. Zimmerle stated that the purpose of the street vacation was to allow the construction of a multi-purpose building which would be west of the main complex and would be used for additional parking and allow access back and forth to the main building. Mr. Zimmerle pointed out that the only utility in the street was the City waterline. Acting Chairman Sanders wanted to know if the existing road would be the easement. Mr. Zimmerle stated that in place of the previous 40-foot right-of-way, there would be a 20-foot utility easement. Commissioner Martin asked for an explanation of the north/south alley between 16th Street and Greenwood Lane. Mr. Zimmerle stated that there were platted alleys underneath Grace Methodist Church. Acting Chairman Sanders wanted to know if there would be some kind of gate at the end of Puerto Rico to keep traffic out of the parking lot? Mr. Zimmerle stated that he thought that could be arranged as well as providing signage to alert motorist to the change. Ms. Few stated that the staff recommendation was that the street not be closed or vacated in favor of the Church. Mr. Chambers, the lay leader at Grace Methodist Church, stated that the intent is to provide for additional parking for the Church facility which is currently a problem. He stated that the closure of Puerto Rico is with the intent to better utilize the space between the current building and the west side of what now is Puerto Rico.

Mr. Tom Messer, a member of Grace Methodist Church, stated that Puerto Rico was not really a thoroughfare because you had to take a right of a left at 16th Street. He stated that the parking was a real issue for the Church and additional parking would benefit the neighborhood by easing congestion on Sundays. Ms. Martha Cox, Chairman of the Trustee for Grace Methodist Church, stated that a lot of the requests on the plat was just some cleaning up that the Church would like to do but the vacating of Puerto Rico would certainly enhance the neighborhood and the community for the building that the Church is proposing for the site. The proposed building would hold 600 to 700 people, kitchen facilities and basketball courts. Ms. Cox stated that Puerto Rico is not heavily traveled and that she hoped that the Planning Commission would vote favorably. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF CASE S-00-0676(A), WITH THE REQUIRED PLAT CORRECTIONS AND WITHOUT THE DENIAL OF THE VACATION, BUT WITH THE STIPULATION THAT THE EASEMENT NOT BE BLOCKED". The motion died for lack of a second. Commissioner Martin made a motion "TO RECOMMEND APPROVAL OF CASE S-00-0676(A), WITH THE REQUIRED PLAT CORRECTIONS, VARIANCES ON ALLEYS AND PUBLIC DEDICATIONS AND THE DRAINAGE STUDY, AND THE VACATION OF THE ALLEYS IN BLOCK 217, BUT WITH DENIAL OF THE VACATION OF PUERTO RICO AVENUE". The motion died for lack of a second. Acting Chairman Sanders stated that this case would go to the City Commission without a recommendation from the Planning and Zoning Commission.

E. CASE: S-00-0677(A). PETITIONER: Southwest Leisure Properties, Inc., owner, Michael P. Walsh, President, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of the preliminary and final plat of HOLIDAY INN SUBDIVISION, for two (2) lots; with variances on the construction and installation of alleys, on the dedication of public land, and from Section 22-01-0140(b)(1) relating to drainage plans; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ± 5.697 acres. LOCATION: 1355 S. White Sands Boulevard. CURRENT LEGAL: A tract in the Southwest one-quarter Southeast one-quarter of Section 30, T16S, R10E, NMPM, Alamogordo, Otero County, New Mexico described by metes and bounds as follows: Starting at the Southeast corner of said Section 30, then South 89 degrees 18 minutes West, 1324.6 feet to the Southeast corner of said Southwest one-quarter Southeast one-quarter; then North 00 degrees 18 minutes West, 923.5 feet along the East line of said Southwest one-quarter Southeast one-quarter to a point 396.0 feet south of the Northeast corner of said Southwest one-quarter Southeast one-quarter; then south 89 degrees 16 minutes West, 480.10 feet parallel with the North line of said Southwest one-quarter Southeast one-quarter to the point of beginning for this description; thence continuing South 89 degrees 16 minutes West, 510.00 feet to a point on the Easterly right-of-way line of U.S. Highway 54-70-82; thence, along said right-of-way line South 00 degrees 45 minutes East, 70.64 feet to secant point; thence 285.88 feet along a curve to the right having a radius of 2060.1 feet through an arc of 07 degrees 57 minutes 03 seconds, the chord of which bears South 18 degrees 42 minutes 35 seconds West, 285.65 feet; thence North 89 degrees 16 minutes East, 120.06 feet; thence South 00 degrees 44 minutes East, 129.64 feet; thence North 89 degrees 16 minutes East, 485.00 feet, thence North 00 degrees 44 minutes West, 469.64 feet; to the said point of beginning, and containing 5.283 acres more or less. CURRENT ZONE: District "D" (Business). RECOMMEND: Approval of the preliminary and final plat with the required variances (dedication of public land and alleys), the required plat corrections, and the submission of the drainage report.

Ms. Few stated that Southwest Leisure Properties owns 5.697 acres in Section 30, T16S, R10E, NMPM, within the City of Alamogordo. Approval of the preliminary and final plat of HOLIDAY INN SUBDIVISION has been requested. Subject subdivision is for the division of the property into two (2) lots to allow the construction of a restaurant adjacent to the existing motel and office complex. The property, 1355 and 1401 S. White Sands Boulevard, 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. The name and right-of-way width of each street or other right-of-way on or adjacent to the tract are required on the plat. The right-of-way width of White Sands Boulevard must be shown. The minimum building setback line on all lots and other sites is required to be shown on the plat. The ten foot (10’) front setback from White Sands Boulevard is required on the plat. 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. 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 City 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. The following is a summary of the acreage due the City for dedication:

 

 

 

NO.

 

 

GROSS

 

 

NET

 

 

PLD

 

 

 LOTS 

 

 

 ACREAGE 

 

 

 ACREAGE 

 

 

 ACRES 

 

 

2

 

 

5.697

 

 

5.697

 

 

1.620

Approval of a variance to the public land dedication requirement is required. 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. The names of record owners of adjoining unplatted land is required on the plat. This information is required on the plat prior to consideration of the subdivision by the City Commission. The width of the "panhandle" of Lot 2 onto White Sands Boulevard is not sufficient to provide adequate room for two-way travel. The width of the panhandle must be corrected on the plat, prior to consideration of the subdivision by the City Commission to provide a minimum width of fifty feet (50’). Staff recommends approval of the preliminary and final plat of HOLIDAY INN SUBDIVISION with the required plat corrections, submission of the drainage report and the required variances (dedication of public land and alleys).

Mr. Klad Zimmerle, R.L.S., of Burke & Associates, was present to answer questions on the subject subdivision application. Mr. Zimmerle pointed out that the additional 50’ had been given for the panhandle portion of the lot. He further stated that the rest of the corrections requested by staff had been made to the plat. Commissioner Martin asked for clarification as to where the property was in relation to the service road that presently ran in front of the Holiday Inn. Mr. Zimmerle explained that the subject property would be using the portion of the property that was currently used as a service road for parking for the new facility and the owners have an permissive encroachment agreement with the New Mexico State Highway & Transportation Department. Ms. Few explained that she had been in contact with Doug Stewart, who is the Permitting Agent for the New Mexico State Highway & Transportation Department, and he reported that final documents have not been executed to date but there is discussion and expectation that the agreements will be executed for the right-of-way to be allowed to be used for parking for this facility. The access road, behind the curb and to where parking is now visible, will be removed along with much of the landscaping that is currently located there. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF CASE S-00-0677(A), WITH STAFF RECOMMENDATIONS". The motion was seconded by Commissioner Martin. All voted "AYE", passing the motion by a vote of 3-0-0.

5. PUBLIC HEARING.

A. CASE: V-00-0430(A). PETITIONER: Southwest Leisure Properties, Inc., owner, RCI Southwest, LLC, applicant, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of a variance of three feet (3') from Section 29-03-310 of the Code of Ordinances of the City of Alamogordo, New Mexico, governing setback requirements for commercial buildings on White Sands Boulevard; which, if approved, would allow the construction of a restaurant seven feet (7’) from the front property line, rather than the ten foot (10') front setback required by Code. TOTAL AREA: ± 0.681 acre. LOCATION: 1355 S. White Sands Boulevard. CURRENT LEGAL: A tract of land in the Southwest one-quarter of Section 30, T16S, R10E, NMPM, Alamogordo, Otero County, New Mexico, described by metes and bounds as follows: Starting at the Southeast corner of said Section 30 thence South 89 degrees 18 minutes West, 1324.6 feet to the southeast corner of said Southwest one-quarter Southeast one-quarter; thence North 00 degrees 18 minutes West, 923.5 feet along the East line of said Southwest one-quarter Southeast one-quarter to a point 396.0 feet south of the Northeast corner of the said Southwest one-quarter Southeast one-quarter; thence South 89 degrees 16 minutes West, 917.64 feet parallel with the North line of said Southwest one-quarter Southeast one-quarter to the point of beginning for this description; thence continuing South 89 degrees 16 minutes West a distance of 72.46 feet to the East right-of-way line of White Sands Boulevard; thence South 00 degrees 45 minutes East along said right-of-way line a distance of 70.64 feet; thence along said right-of-way line along the arc of a curve to the right whose central angle is 07 degrees 20 minutes 46 seconds and whose radius is 2060.10 feet an arc distance of 264.14 feet; thence North 89 degrees 16 minutes East a distance of 125.00 feet; thence North 00 degrees 44 minutes West a distance of 105.00 feet; thence North 89 degrees 16 minutes East a distance of 34.00 feet; thence North 00 degrees 44 minutes West a distance of 215.00 feet to the said place of beginning. CURRENT ZONE: District "D" (Business). RECOMMEND: Approval of a three foot (3’) front setback variance.

Ms. Few stated that Southwest Leisure Properties, Inc., owns a tract in Section 30, T16S, R10E, NMPM, on which the Holiday Inn Express is located. The property is being subdivided into two (2) parcels for the construction of a new restaurant. The requested variance will be for the new lot and the new construction. The property, 1355 S. White Sands Boulevard, is zoned "D" (Business) District. The 1971 Master Plan designates this property to be developed as commercial. A front setback of not less than ten feet (10') is required is required for business properties on White Sands Boulevard. The new restaurant is to be constructed with a front setback of seven feet (7’). Therefore a variance of three feet (3=) has been requested. Extensive highway right-of-way exists between the west edge of subject property and the east edge of White Sands Boulevard. 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 July 16, August 1, and August 3, 2000, in the Alamogordo Daily News, and ten (10) notices were mailed to property owners within the 200 foot legal protest area on July 14 and July 28, 2000. No protests to the requested variance have been received; however, 10:00 a.m. on August 16, 2000, is the deadline for protests to be submitted to the City’s Planner. Staff recommends approval of the three foot (3’) setback variance is supported, as the encroachment will not constitute a traffic hazard.

Mr. Klad Zimmerle, R.L.S., of Burke & Associates, spoke on behalf of the variance applicants. Commissioner Martin asked if the 3’ was going to go into the street. Mr. Zimmerle responded that there was a building setback line of 10’ and by squaring up the setback to the front of the building, the setback encroaches 3 feet into the right-of-way, thus the need for a 3’ variance to the 10’ setback requirement. Commissioner Martin asked what was located on this site now. Mr. Zimmerle stated that the area was now just parking in front of the Holiday Inn. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF CASE V-00-0430(A) AS REQUESTED". Commissioner Martin seconded the motion. All vote "AYE", passing the motion by a vote of 3-0-0.

C. CLOSE PUBLIC HEARING.

6. REPORTS.

A. City Planner.

(1) September Agenda - Ms. Few stated that there were 3 variances, 1 annexation and 4 to 5 subdivisions.

(2) Ms. Few reported that she had not received an update report on the salvage yards from staff.

(3) Ms. Few stated that the City of Alamogordo was now on the internet and has e-mail and a web page. She requested that the Commissioners check the Commission roster and update their e-mail addresses. Ms. Few explained that the City employees do not get notification when they receive e-mail so the Commissioners should not expect and instant response.

(4) Ms. Few introduced Greg Garcia as the new Code Administration Secretary and would be the Recording Secretary for the Planning Commission as soon as his notary commission is received.

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 Dardin made a motion "TO ADJOURN". Seconded by Commissioner Martin. All voted "AYE", passing the motion by a vote of 3-0-0. The meeting adjourned at approximately 2:30 p.m.

 

Approved: ____________________

_____________________________

Michael M. O’Hara, Chairman

 

ATTEST:

_________________________________

Fern Eckenberg, Recording Secretary

Approved at the Planning and Zoning Commission Regular Meeting of September 6, 2000.