July 5, 2000 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

JULY 5, 2000

MEMBERS PRESENT:

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

Mr. Daniel Schwebke, Second Vice-Chairman.

Ms. Paula J. Dardin, Member.

Mr. Preciliano J. Martin, Member.

MEMBERS ABSENT:

Mr. Michael M. O'Hara, Chairman.

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

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Ms. Fern Eckenberg, Recording Secretary.

OTHERS PRESENT:

Mr. Klad Zimmerle, R.L.S., Jim French; and other unidentified persons.

 

1. CALL TO ORDER. First Vice-Chairman Sanders called the regularly scheduled July 5, 2000, meeting to order at approximately 1:30 p.m. First Vice-Chairman Sanders noted that a total of two (2) items were to be considered. 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 July 25, 2000, to render final decision.

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 JUNE 7TH REGULAR MEETING, AND JULY 2ND INSPECTION TOUR, 2000. 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. MISCELLANEOUS.

A. CASE: A-00-0050(A). PETITIONER: Terry D. Messer and Kim R. Messer, owners, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of an ordinance consenting to the annexation of a tract of land contiguous to the boundaries of the City of Alamogordo. TOTAL AREA: ± 6.075 acres. LOCATION: South of Ocotillo Drive east of Ocotillo Lane including Adobe Ridge. CURRENT LEGAL: Lots 1-3, Adobe Ridge Subdivision. being a tract of land in the East one-half Northeast one-quarter of Section 32, T16S, R10E, NMPM, described by metes and bounds as follows: Starting at the Northeast corner of said Section 32 and going North 89 degrees 18 minutes 34 seconds West along the North line of said Section 32 a distance of 664.67 feet to the place of beginning of the tract of land herein described; thence South 00 degrees 25 minutes 26 seconds West a distance of 238.67 feet; thence North 89 degrees 18 minutes 34 seconds West a distance of 34.01 feet; thence South 00 degrees 06 minutes 04 seconds West a distance of 26.67 feet; thence North 89 degrees 18 minutes 34 seconds West a distance of 301.28 feet; thence South 06 degrees 30 minutes 06 seconds West a distance of 279.80 feet; thence North 89 degrees 18 minutes 34 seconds West a distance of 301.33 feet; thence North 00 degrees 07 minutes 06 seconds East a distance of 543.73 feet; thence South 89 degrees 18 minutes 34 seconds East a distance of 669.00 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling) upon annexation. RECOMMEND: Approval of the requested 6.075 acre annexation, with the understanding that annexation of the property does not guarantee either the approval of any development plan or the availability of water and/or sewer services for such development, with the dedication of street rights-of-way (for Adobe Ridge, Ocotillo Lane and Ocotillo Drive), the development of part of Ocotillo Lane, and the dedication of a drainage easement.

Ms. Few stated that Terry D. Messer and Kim R. Messer own 6.075 acres in Section 32, T16S, R10E, NMPM, Otero County, New Mexico, known as Lots 1, 2 and 3, Adobe Ridge Subdivision, which is south of Ocotillo Drive, between Ocotillo Lane and Adobe Ridge. They have submitted a petition to the City, together with the required fees and plats, requesting annexation of the property into the corporate limits of the City of Alamogordo. The properties, 1910 Ocotillo Drive, 4 Adobe Ridge and 3 Adobe Ridge, are currently unzoned as there is no zoning outside the City limits. Pursuant to Section 2-07-040 and Section 29-01-030 of the Code of Ordinance of the City of Alamogordo, New Mexico, all territory is zoned District "A" (Single Family Dwelling District) upon annexation. Therefore, development of the acreage will be limited to one (1) single family dwelling unit per lot (or another use allowed in District "A") until platting of the property and/or rezoning are approved by the City Commission. The 1971 Master Plan designates this property to be developed as low density residential. The property is located outside the City’s utility extension and annexation area. At the time that the utility extension/annexation area map was adopted no City water service was available to the properties and any service in that area had very low pressure. The new Desert Foothills Storage Tank has been completed east of subject property and transmission lines have been installed along Ocotillo Drive to the new Ocotillo Storage Tank which now provide service to the area. The property was subdivided, under the summary subdivision procedure, as Adobe Ridge Subdivision in 1998. Since the property was outside the utility extension/annexation area dedicated streets, street improvements, and public utility and drainage easements were not required. Within the City of Alamogordo public streets are required, in accordance with the "Technical Standards". The Director of Public Works has requested dedication of Adobe Ridge, the dedication and development of that portion of Ocotillo Lane adjacent to the property, and the dedication of additional right-of-way on Ocotillo Drive. The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required. No sanitary sewer is available within one hundred fifty feet (150’) to serve this subdivision, therefore, connection will not be required. Installation of water transmission lines to each lot will be the responsibility of the petitioners. The impact of development over and above one (1) single family use per lot (3 lots each about 2 acres) can not be determined without receipt and review of a site development plan with hydraulic data. Sanitary sewer service can not be provided to the annexation area without acquisition of public easements. City water service can not be provided to the annexation area without public easements. An east-west arroyo, across the northern side of Lots 1 and 2, provides connection for drainage run-off along the southern side of Ocotillo Drive. A permanent drainage easement should be dedicated for the preservation of the channel. Approval of the requested 6.075 acre annexation for Case A-00-0050 (A), with the understanding that annexation of the property does not guarantee either the approval of any development plan or the availability of water and/or sewer services for such development, with the dedication of street rights-of-way (for Adobe Ridge, Ocotillo Lane and Ocotillo Drive), the development of part of Ocotillo Lane, and the dedication of a drainage easement.

Mr. Zimmerle was present to answer any questions on behalf of Mr. and Mrs. Messer. Mr. Zimmerle stated that the Messers were prepared to replat Adobe Ridge Subdivision to dedicate to the public the easements for Adobe Ridge, Ocotillo Lane and Ocotillo Drive. Mr. Zimmerle asked that the annexation continue in the process and the Messers will submit by the next Planning and Zoning Commission deadline a replat of Adobe Ridge, Adobe Ridge Replat A, which will dedicate to the public the drainage easement and rights-of-way for Adobe Ridge, Ocotillo Lane and Ocotillo Drive. Mr. Zimmerle stated that he would like some time to get with staff to get the right dimensions for these right-of-ways. Ms. Few stated that this request was acceptable to staff since the annexation would not have final consideration until the last City Commission meeting in August. Commissioner Schwebke asked if the Messers would be able to tap into the City’s water. Ms. Few explained that the waterlines are in now and the property would be able to be served by water but there was no sanitary sewer service. Commissioner Schwebke asked if the City was willing to accept a 30-foot road right-of-way. Ms. Few explained that a 30-foot road right-of-way was all that was available for the Messers. Mr. Zimmerle explained that the dimension would be worked out with staff on the subdivision application. Ms. Few explained that accepting the road dedication was not part of the annexation and that all that was before the Commission today was the annexation of the property. Commissioner Martin asked who owns the needed 30-foot road right-of-way to the west of the subject property. Mr. Zimmerle explained that the property is owned by Mr. Malone and that Mr. Malone’s daughter is handling the sale of the property for Mr. Malone since he is in a nursing home. Commissioner Schwebke made a motion "TO RECOMMENDED APPROVAL OF CASE A-00-0050(A) WITH THE RECOMMENDATIONS OF STAFF." Commissioner Dardin seconded the motion. All voted "AYE", and the motion passed by a vote of 4-0-0.

B. CASE: A-00-0051(A). PETITIONER: Tierra de Suenos, Inc., owner, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of an ordinance consenting to the annexation of a tract of land contiguous to the boundaries of the City of Alamogordo. TOTAL AREA: ± 5.388 acres. LOCATION: North side of 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 585.42 feet; thence North 89 degrees 40 minutes 26 seconds East a distance of 400.96 feet; thence South 00 degrees 04 minutes 36 seconds East a distance of 585.65 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling) upon annexation. RECOMMEND: Approval of the requested annexation, with the understanding that annexation of the property does not guarantee either the approval of any development plan or the availability of water and/or sewer services for such development, and with the execution of an Avigation Easement.

Ms. Few stated that Tierra de Suenos, Inc., owns 5.388 acres in Section 31, T16S, R10E, NMPM, Otero County, New Mexico. They have submitted a petition to the City, together with the required fees and plats, requesting annexation of the property into the corporate limits of the City of Alamogordo. The property, on Desert Lakes Road, is currently unzoned as there is no zoning outside the City limits. Pursuant to Section 2-07-040 and Section 29-01-030 of the Code of Ordinance of the City of Alamogordo, New Mexico, all territory is zoned District "A" (Single Family Dwelling District) upon annexation. Therefore, development of the acreage will be limited to one (1) single family dwelling unit per lot (or another use allowed in District "A") until platting of the property and/or rezoning are approved by the City Commission. The 1971 Master Plan designates this property to be developed as low density residential. The property is located inside the City’s utility extension and annexation area. 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 has been drafted. Within the City of Alamogordo public streets are required, in accordance with the "Technical Standards". The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required. The impact of development over and above one (1) single family use per lot (1 lot in excess of 5 acres) can not be determined without receipt and review of a site development plan with hydraulic data. Sanitary sewer service can be provided to the annexation. City water service can be provided to the annexation. Approval of the requested annexation for Case A-00-0051(A), with the understanding that annexation of the property does not guarantee either the approval of any development plan or the availability of water and/or sewer services for such development, and with the execution of an Avigation Easement.

Mr. Jim French was available to answer any questions from the Commission. Mr. French stated that he understood Ms. Few’s comment regarding not guaranteeing the availability of water and sewer to the property but that he also took exception to the comment since the French Brothers put in $120,000 waterline to assure that water was available. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL WITH THE EXECUTION OF THE AVIGATION EASEMENT". Commissioner Schwebke seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

5. REPORTS.

A. City Planner.

(1) August Agenda. Ms. Few stated that there were five (5) items on the August Agenda, all of which were subdivisions.

(2) Ms. Few stated that she was assisting the New Mexico Walkability Advocacy Group for Alamogordo and that the group was looking for volunteers to serve in the local group. Ms. Few asked that the Commissioners let her know if they, or anyone they were acquainted with, were interested in serving.

B. Chairman. First Vice-Chairman Sanders asked what the status was on fencing and/or prosecution of salvage yard fences. Ms. Few stated that she would get an update for the Commission for their August meeting.

C. Commissioners. Commissioner Schwebke stated that he would like to see all the culverts in the City replaced with box culverts on all the drainages in the City and put gravel over them and make them walking paths. Commissioner Schwebke also gave notice that he would be leaving on July 31 and would not be back until October or November and he was concerned about missing three (3) meetings and being dismissed from the Commission. Ms. Few stated that if he did miss three (3) meetings it would have to go to City Commission. She stated that removal was quite a lengthy and combersome process and that if he returned, prior to the completion of the process, then there would not be a problem.

6. PERSONS TO BE HEARD - None.

7. 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: ____________________

_________________________________

Ginna L. Sanders, First Vice-Chairman

ATTEST:

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Fern Eckenberg, Recording Secretary

Approved at the Planning & Zoning Commission Special Meeting of August 16, 2000.