00_1004.MEETING MINUTES

PLANNING AND ZONING COMMISSION

REGULAR MEETING

October 4, 2000

 

MEMBERS PRESENT:

Mr. Michael M. OHara, Chairman

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

Mr. Daniel Schwebke, Second Vice-Chairman.

Ms. Paula J. Dardin, Member.

Mr. Preciliano J. Martín, Member.

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

MEMBERS ABSENT:

None.

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. Dean Hunt, Engineer.

Ms. Fern Eckenberg, Secretary.

Mr. J. Gregory Garcia, Recording Secretary.

OTHERS PRESENT: Mr. Klad Zimmerle, R.L.S., Burke & Associates; Judge James Waylon Counts; Mr. Bradley L. Shelton; Ms. Martha Shelton; Mr. Paul Jackson; Ms. Chris Foster; Dr. E. C. Staley, D. V. M.; Ms. Han Chase; Mr. Cliff Tackett; Ms. Mary Goodman; Ms. Lori Durrett; Mr. Johnny Wilson; Mr. Ralph Morris; Mr. Phil Gold, Senior Minister, Alamogordo Church of Christ; and other unidentified persons.

1. CALL TO ORDER. Chairman O’Hara called the regularly scheduled October 4, 2000, meeting to order at approximately 1:30 p.m. Chairman O’ Hara noted that a total of nine (9) items were to be considered, five (5) 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 October 24, 2000, to render final decisions. On behalf of the Planning and Zoning Commission, Chairman O’Hara presented a certificate of appreciation to Fern Eckenberg from the City of Alamogordo for outstanding service as acting Recording Secretary to the Alamogordo Planning and Zoning Commission May 1, 2000 through September 30, 2000.

2. APPROVAL OF AGENDA. Commissioner Sanders made a motion "TO APPROVE THE AGENDA, AS WRITTEN". Seconded by Commissioner Schwebke. All voted "AYE", passing the motion by a vote of 5-0-0.

3. MINUTES OF September 6th REGULAR MEETING, AND September 3rd INSPECTION TOUR, 2000. 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 5-0-0.

4. PUBLIC HEARING.

A. CASE: Z-00-0596(A). PETITIONER: James Waylon Counts, owner, by Jo Carnes, agent. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "D" (Business) or a more restrictive classification; which, if approved, would allow the property to be developed for business use, to include a bank. TOTAL AREA: ± 15,000 square feet. LOCATION: 600 E. Ninth Street, 814 and 818 Virginia Avenue. CURRENT LEGAL: Lots 5 and 6, Block 41, Alamo Blocks. CURRENT ZONE: District "C" (Multi-family Dwelling).

Ms. Few reported that James Waylon Counts owns Lots 5 and 6, Block 41, Alamo Blocks. Three (3) residential/profession office units are located on the property. The proposed rezoning will allow the land to be cleared and developed for business use, to include a bank. The property, 600 E. Ninth Street, 814 and 818 Virginia Avenue, is zoned "C" (Multi-family Dwelling) District which allows professional offices. Land located on the north side Ninth Street is, in general, zoned District "D" (Business) while land on the south side of Ninth Street is generally zoned District "D-2" (Neighborhood Business) when business zoning has occurred. Zoning the property, as requested, to "D" will not create "spot" zoning but a "peninsula" within the "D-2" District, which is on three (3) sides of subject property. Rezoning to District "D" would also open the property to a wide range of allowed uses which may not be compatible with residential uses in the block. Rezoning to the lesser, more restrictive classification of "D-2" would allow the proposed use, conform to the master plan, and avoid a finger of "D" zoning south of Ninth Street. The 1971 Master Plan designates this property to be developed as commercial. Any change in the occupancy (e.g. use) of the property will require full compliance with the Uniform Building Codes (U.B.C.) and other applicable Codes. Pursuant to Section 29-01-020, of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised on Sunday, September 17, 2000, in the Alamogordo Daily News, and twenty-seven (27) notices were mailed to property owners within the 200 foot legal protest area on September 19, 2000. No protests to the requested rezoning have been received; however, the deadline for the receipt of protests by the City Planner is 10:00 a.m. on October 4, 2000. Staff recommends approval of rezoning to the more restrictive classification of District "D-2" (Neighborhood Business).

Commissioner Martin removed himself from the proceedings because his residence is within the legal protest area of this case. Judge James Waylon Counts was available to speak for the petition. Judge Counts stated that the "D-2" zoning is acceptable and asks that the Planning Commission pass the recommendation of Staff to the City Commission. Commissioner Schwebke made a motion "TO RECOMMEND APPROVAL OF THE ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF ALAMOGORDO AND CHANGE THE ZONING TO DISTRICT "D-2" (NEIGHBORHOOD BUSINESS)". Commissioner Sanders seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

B. CASE: Z-00-0597(A). PETITIONER: John M. Foster, owner. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "D" (Business), with conditions or a more restrictive classification; which, if approved, would allow the property to be developed for business use, to include a veterinary office. TOTAL AREA: ± 32,168 square feet. LOCATION: 2820 Indian Wells Road. CURRENT LEGAL: Lot 3, Block 3, Heights Addition "C" Annex Replat. CURRENT ZONE: District "C" (Multi-family Dwelling).

Chairman O’Hara reported that John M. Foster owns Lot 3, Block 3, Heights Addition "C" Annex Replat, which is a vacant residence. The requested rezoning will allow the property to be developed for business use,, to include a veterinary office/clinic. The property, 2820 Indian Wells Road, is zoned "C" (Multi-family Dwelling) District, which allows professional offices, hospitals, and clinics. Land located on the north side of Indian Wells Road is, in general, zoned District "D" (Business) while land on the south side of Indian Wells Road, between Carmel Drive and Scenic Drive is zoned District "C" (Multi-family Dwelling). Zoning the land, as requested, to "D" will not create "spot" zoning but will introduce a "peninsula" of District "D" within the "C" District, which is on two (2) sides (east and west) of subject property. Single family zoning and use exist south of the property (south of the alley). Rezoning to District "D" would also open the property to a wide range of allowed uses, which may not be compatible with the residential uses in the block. The current "C" zoning does not allow animal hospitals or clinics. Rezoning to the lesser, more restrictive classification of "D-2" would not allow a veterinary clinic due to the requirements for all uses being restricted to closed buildings and the prohibition of noise broadcasting beyond the building. Should rezoning of the property to District "D" be approved, it is recommended that it be conditioned for only a veterinary clinic with no outside activity (i.e. agility courses, large animal stocks, animal runs, etc.). The 1971 Master Plan designates this property to be developed as high density residential. The proposed rezoning will not conform to the Master Plan and will create a peninsula of business zoning. Any change in the occupancy (e.g. use) of the property will require full compliance with the Uniform Building Codes (U.B.C.) and other applicable Codes. Pursuant to Section 29-01-020, of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised on September 17, 2000, in the Alamogordo Daily News, and twenty-two (22) notices were mailed to property owners within the 200 foot legal protest area on September 19, 2000. Staff comments show protests of one (1) petition with sixteen (16) signatures of owners of twelve (12) properties within the 200 foot protest area, two (2) signatures of residents of two (2) properties within the 200 foot legal protest area, and nine (9) signatures of owners of seven (7) properties outside the 200 foot legal protest area were received. Also, five (5) letters with eight (8) signatures of owners of five (5) properties and one (1) letter with one (1) signature of resident of one (1) property within the 200 foot legal protest area was received. Staff recommends denial of the rezoning to District "D" (Business).

Ms Few removed herself from the proceedings because she is a property owner within the legal protest area. Mr. Dean Hunt, City Engineer, temporarily filled the spot of the City Planner for this proceeding. Ms. Foster was available to speak for the request. Ms. Foster asked the Commission how the protests were administered because the protests that were received have duplicate signatures, which, according to her attorney, is not legal because only one signature should be on the protest per household. She went on to say that she doesn’t appreciate the fact that Ms. Few’s husband signed the protest petition. Ms. Foster spoke on behalf of Dr. Staley and commented on how he thought the area would be perfect for the veterinary office. She went on to say that there are many animals in the neighborhood, of which, some are dogs that constantly bark; so there shouldn’t be a problem with noise from animals especially because the walls of the office are six inches thick. Ms. Foster also stated that when she talked to Ms. Few about this case, Ms. Few stated that the case didn’t look good because there are too many people protesting. Ms. Foster stated that she doesn’t think the protests account for the majority. Chairman O’Hara informed Ms. Foster that the protest percentage was at forty-three percent (43%) as of the deadline. Ms. Foster asked the Commission if there could be a clause in place, so that if Dr. Staley ever moved the clinic, the zoning would revert back to multi-family zoning. Ms. Foster also stated that the intention was not to make the zoning commercial. Mr. Phil Gold, Senior Minister, Alamogordo Church of Christ was available to speak on behalf of the church. Mr. Gold protested the rezoning of the area. He went on to state that if the zoning was to be passed, the only business that legally couldn’t come in to the area is a liquor store. The church doesn’t want to have the "door open" for any other type of business, if the veterinary clinic was to close. Ms. Foster asked the Commission again if the petition could have a clause placed on the zoning, providing that it revert back if the veterinary clinic business closed. Chairman O’Hara asked Minister Gold if there would be any objections to having approval of this case, if the building were restricted to only be used as a veterinary clinic with no outside activity. Mr. Gold stated that on the surface, there would be no problem with it. The only concern of the church is to make sure the zoning doesn’t let other businesses come into the building, as the church is next door. Mr. Bradley L. Shelton, property owner at 2830 Carmel Drive was available to speak against the variance. Mr. Shelton stated that professional offices are appropriate for that particular area, however, the "D" Zoning is not acceptable. Chairman O’Hara, referring to the ordinance book, stated that the zoning may be approved specifically for a veterinary clinic, and if the clinic ceased to operate, the zoning could revert to the current "C" zoning. Mr. Clifford Tackett spoke on behalf of Mrs. Chase who is the homeowner within the legal protest area. He stated that the concerns are focused on the possibility of other businesses coming in if the zoning is changed to "D". Mr. Tacit went on to say that he agrees with Minister Gold, in that he doesn’t want any other business to get a chance to move in. Commissioner Schwebke commented that he wouldn’t be against any veterinary clinic, however, the protests are summing up to a total of forty-three percent (43%), and only twenty percent (20%) is all that is necessary for a protest to go through. Commissioner Schwebke also stated that the vote has to go with what the majority of the people want, no matter what the business is. Ms. Foster stated that the petition would have been better if the owners had known that the zoning could revert back if the veterinary office closed. Commissioner Schwebke suggested that Ms. Foster go and ask the surrounding area property owners if they would agree to the clause and present it to the City Commission. Commissioner Martin suggested two options to Ms. Foster. Either she could request tabling the case and doing the "footwork", then bring the petition back to the Zoning Commission for reconsideration; or the Zoning Commission could vote on it now, and Ms. Foster could have the information together for the City Commission meeting on the 24th of October. Mr. Dean Hunt, standing in for Sharon Few on this case, informed Ms. Foster that to table the case, there would be another fee imposed for the zoning petition. Chairman O’Hara stated that the Planning and Zoning Commission would need to vote on this case and make the recommendation to the City Commission. Ms. Foster stated that she would not have the time to get the information and talk to all the people she would need to in time for the City Commission meeting. Ms. Foster asked to have the case tabled in order to have enough time to prepare for the next meeting and have a better chance of getting the rezoning, or the specific zoning, recommended for approval to the City Commission. Commissioner Martin made a motion "TO TABLE THE PETITION TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF ALAMOGORDO AND CHANGE THE ZONING TO DISTRICT "D" (BUSINESS)" Commissioner Dardin seconded the motion. All voted "AYE", passing the motion by a vote of 5-0-0. Chairman O’Hara declared "THE ITEM HAS BEEN TABLED".

 

C. CASE: V-00-0433(A). PETITIONER: Roy C. Melton and Jeri L. Melton, owners. REQUEST: Approval of a variance of seven feet (7') from Section 29-03-170, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing accessory building setbacks, which, if approved, would allow the construction of a metal storage canopy three feet (3’) from the main building, rather than the ten feet (10’) required by Code. TOTAL AREA: ±7700 square feet. LOCATION: 962 Sherwood Drive. CURRENT LEGAL: Lot 22, Vista Hills Subdivision. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that Roy C. Melton and Jeri L. Melton own Lot 22, Vista Hills Subdivision. They plan to construct a metal storage canopy in their back yard which will be three feet (3') from their house. The property, 962 Sherwood Drive, is zoned "A" (Single Family Dwelling) District. The 1971 Master Plan designates this property to be developed as low density residential. A separation of not less than ten feet (10') is required between an accessory building and the main building. The storage canopy is to be constructed approximately three (3’) from the main building. Therefore a variance of seven feet (7’) has been requested. A variance to dimensional regulations may be granted where: (1) such action will not be materially detrimental to the public interest; and (2) such action, will not grant a discriminatory benefit to the land owner and/or harm neighboring properties; and (3) such action, owing to conditions peculiar to the property or the neighborhood and not the result of actions or the situation of the applicant, a literal enforcement of the Code of Ordinances of the City of Alamogordo, New Mexico, and not in conflict with any other adopted code, would result in practical difficulties or unnecessary hardship. No justification of hardship, beyond the control of the applicant, accompanied the application to support the requested variance. Pursuant to Section 29-01-070(c), of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised September 17, 2000, in the Alamogordo Daily News, and thirty-four (34) notices were mailed to property owners within the 200 foot legal protest area on September 19, 2000. No protests to the requested variance have been received; however, 10:00 a.m. on October 4, 2000, is the deadline for protests to be submitted to the City Planner. Staff recommends approval of the seven foot (7') setback variance.

Ms. Jeri Melton was available to speak for the petition. Ms. Melton stated that the canopy is only needed to store an RV trailer. Commissioner Schwebke commented to Ms. Melton that the area in which she wants to construct a canopy has a power and TV cable and the RV would hit them if the RV were backed-up. Ms. Melton stated that her husband has already made arrangements to have the cables moved to a better location and out of the way of the RV canopy. Commissioner Martin asked if the reason the ten foot (10’) setback is required is because of a possible fire hazard. Ms Few answered yes, and that fire services are requested comments on the matters. No objections have been made from either fire services or Code Enforcement, also the canopy in this case is to be constructed of mainly metal. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF THE VARIANCE OF SEVEN FEET (7')." Commissioner Sanders seconded the motion. All voted "AYE", passing the motion by a vote of 5-0-0.

D. CASE: Z-00-0598(A). PETITIONER: James L. Smith and Clemencia M. Smith, owners. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "D-2" (Neighborhood Business), conditional or a more restrictive classification, which, if approved, would allow the property to be developed with an apartment or as a bed and breakfast inn. TOTAL AREA: ± 8556 square feet. LOCATION: 1709 Alaska Avenue. CURRENT LEGAL: Lot 15, Block 210, Alamo Blocks, Replat of Block 210. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that James L. Smith and Clemencia M. Smith own Lot 15, Block 210, Alamo Blocks, Replat of Block 210. The proposed rezoning will allow the property to be developed with an apartment or as a bed and breakfast inn. The property, 1709 Alaska Avenue, is zoned "A" (Single Family Dwelling) District. Rezoning the property, as requested, to "D-2" will create "spot" zoning within the "A" district and will open the property to a wide range of allowed uses. Should rezoning be approved, it is recommended that conditions be attached for a specific use under the current owner(s). The 1971 Master Plan designates this property to be developed as low density residential. The proposed rezoning will not conform to the Master Plan and will create a spot (island) of neighborhood business zoning. The City Attorney has noted that New Mexico appellate courts, while not deciding whether spot zoning is always illegal, have enumerated two factors to weigh in deciding if illegal spot zoning has occurred. Those factors include: a) if the use fails to comply with the comprehensive plan, and b) if the use is inconsistent with the surrounding area, grants a discriminatory benefit to the land owner, and/or harms neighboring properties or the community welfare. In this instance, the proposed use does not comply with the comprehensive plan; the Commission must determine whether the second set of factors is present. Any change in the occupancy (e.g. use) of the property will require full compliance with the Uniform Building Codes (U.B.C.) and other applicable Codes. Pursuant to Section 29-01-020, of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised on September 17, 2000, in the Alamogordo Daily News, and thirty-eight (38) notices were mailed to property owners within the 200 foot legal protest area on September 19, 2000. Six(6) letters of protest have been received of property owners within the 200 foot legal protest area; and one (1) letter from an owner of property outside the legal protest area. The protests from within the protest area constitute twenty-four point three, seven, one percent (24.371%) of the 200 foot legal protest area. Some of the protests were received this morning, and an addendum has been attached to the agenda showing the protests. The deadline for the receipt of protests by the City Planner is 10:00 a.m. on October 4, 2000. Staff recommends denial of the rezoning to District "D-2" (Neighborhood Business).

Mr. James Smith was available to speak for the petition. Mr. Smith stated that the action would be discriminatory if denied. The apartments are already developed and the petition is incorrect in stating the area needs to be developed. Mr. Smith also stated that there are already three businesses that exist within the protest area. To state that the request is to develop spot zoning is incorrect, and if the zoning for businesses is already there, it should include this case. He went on to say that the only protests received were not against his business, but against the traffic. He stated that the traffic would only be a concern three (3) months out of the year, because the people that would be using the bed and breakfast are a church group from out of town. Also, the apartments there have never had any parking or traffic objections. Mr. Smith stressed his concern that the letters sent to the property owners contained the word "develop" and therefore caused the protests. Mr. Smith finished by saying that he should be approved for the bed and breakfast because the other businesses already exist, and his business should be grandfathered in. Commissioner Schwebke commented that the street on which Mr. Smith proposes opening a bed and breakfast is very crowded and believes that the street is at its capacity. Commissioner Schwebke went on to suggest to Mr. Smith that if the protests weren’t so high, the Commission might be able to recommend approval of the request. Also, that Mr. Smith could talk to some of the people who protested, and ask them to agree with him in the fact that nothing would be developed. Ms. Few reported that Mr. Smith’s property has lost its preexisting non-conforming status because the business has not been in use for two (2) years or more. Mr. Smith previously requested a zoning certification for his property and Ms. Few wasn’t able to provide him with documentation that the use of the apartments could legally continue. Therefore the grandfathering status does not exist. Commissioner Schwebke made a motion "TO RECOMMEND DENIAL OF AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF ALAMOGORDO AND CHANGE THE ZONING TO DISTRICT "D-2" (NEIGHBORHOOD BUSINESS) BASED ON THE AMOUNT OF PROTESTS." Commissioner Dardin seconded the motion. All voted "AYE", passing the motion by a vote of 5-0-0.

E. CASE: Z-00-0599(A). PETITIONER: R. M. Holdings, Inc., owner, Harold C. Scott, President, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "E" (Light Industrial), which, if approved, would unify the property under one (1) district classification and allow the property to be developed/used for clean industrial uses. TOTAL AREA: ± 7.411 acres. LOCATION: 1501 LaVelle Road. CURRENT LEGAL: A tract of land in Lots 6 through 8, 8A, 9 through 12 and part of Lot 13, Block D, A. G. McMath Building Site 1 and 3 Revised and in the Northeast one-quarter Northwest one-quarter of Section 1, T17S, R9E, NMPM, Alamogordo, Otero County, New Mexico, described by metes and bounds as follows: Starting at the Northwest corner of said Section 1 and going South 89 degrees 32 minutes 00 seconds East along the North line of said Section 1 a distance of 1552.40 feet; thence South 26 degrees 05 minutes 00 seconds East a distance of 627.28 feet to the place of beginning of the tract of land herein described; thence North 64 degrees 26 minutes 25 seconds East a distance of 120.00 feet; thence North 26 degrees 05 minutes 00 seconds West a distance of 386.38 feet; thence South 89 degrees 39 minutes 00 seconds East a distance of 557.90 feet; thence South 01 degree 13 minutes 22 seconds West a distance of 673.74 feet; thence South 65 degrees 14 minutes 34 seconds West a distance of 310.59 feet; thence North 26 degrees 05 minutes 00 seconds West a distance of 454.53 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling) and District "G" (Trailer).

Ms. Few reported that : R. M. Holdings, Inc., owns 7.4 acres in Section 1, T17S, R9E, NMPM. The proposed rezoning will bring the zoning into compliance with the present use of light industrial manufacturing. The property, 1501 LaVelle Road, is zoned "A" (Single Family Dwelling) and "G" (Trailer) Districts. Rezoning the property, as requested, to "E" will create "spot" zoning within an area of mixed zoning and will open the property to a wide range of allowed uses. Although rezoning to a lesser classification of "G" or "D would also create a "spot" zone, it would not legitimize the current use of the property The 1971 Master Plan designates this property to be developed as light industrial. The proposed rezoning will conform to the Master Plan but will create a spot (island) of light industrial zoning. As previously noted, land uses adjacent to or abutting subject property appear to be a mixture of types. The City Attorney noted that New Mexico appellate courts, while not deciding whether spot zoning is always illegal, have enumerated two factors to weigh in deciding if illegal spot zoning has occurred. Those factors include: a) if the use fails to comply with the comprehensive plan, and b) if the use is inconsistent with the surrounding area, grants a discriminatory benefit to the land owner, and/or harms neighboring properties or the community welfare. In this instance, the proposed use does comply with the comprehensive plan; the Commission must determine whether the second set of factors is present. Any change in the occupancy (e.g. use) of the property will require full compliance with the Uniform Building Codes (U.B.C.) and other applicable Codes. The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance. [Chapter 4, Article 4-07, Code of Ordinances of the City of Alamogordo, New Mexico] An Avigation Easement limiting vertical development has been executed. Pursuant to Section 29-01-020, of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised on September 17, 2000, in the Alamogordo Daily News, and sixteen (16) notices were mailed to property owners within the 200 foot legal protest area on September 19, 2000. Ms. Few stated that we have received one (1) protest to the requested rezoning; however, the deadline for the receipt of protests by the City Planner is 10:00 a.m. on October 4, 2000, and the protest was received after the deadline. The protest was signed by Ms. Lori Durrett, who is not listed as a property owner, per the records of the County Assessor; upon which we must rely by state law for sending out notices and weighing ownership. However we have provided a copy of her letter as well as a copy of the letter of support of rezoning from WestSource Corporation (Michael Shine). Staff recommends approval of the rezoning to District "E" (Light Industrial); as the rezoning will comply with the future land use in the master plan.

Mr. Klad Zimmerle, R.L.S., Burke and Associates, was available to speak for the request. Mr. Zimmerle stated that this was just recently replatted by a summary procedure to separate the office building from the main complex. One of the conditions of that summary was that it be brought into compliance under one zoning per lot. This zoning is only to bring the building into compliance in order to sell the complex. Commissioner Martin asked Mr. Zimmerle how the business can exist there, if the area is not zoned for business. Ms. Few stated that this type of business has occurred on this property long before the zoning went into place, and possibly before it was considered inside the City limits. The property has a preexisting non-conformity, and when properties are brought into the city by ordinance, they come in as "single family" zoning, regardless of the use on the property; and that is what has occurred here. Ms. Lori Durrett was available to speak on this item. Ms. Durrett stated that the property at Block Fourteen (14) on LaVelle Road is 1421 LaVelle and was previously incorporated in the Durrett Family Trust and she has a warranty deed conveying that property to her personally. She states that she owns the northern part of Lot Thirteen (13) as well as Lot Fourteen (14). Ms. Durrett went on to say that she is protesting the rezoning because it would depreciate her property and she would not want her kids near an industrial type business or plant. Chairman O’Hara asked Ms. Durrett why the rezoning would make a difference if the business has already operated there for years. Ms. Durrett stated that she fears more industrial plants going up around her property when she would like to see more homes there. Chairman O’Hara and Ms. Few explained to Ms. Durrett that the area is zoned for industrial use in the master plan, and it would be her property that does not comply with the master plan for that area. Commissioner Martin commented that provisions are not being met concerning the welfare of the surrounding area. Ms. Few stated that the zoning would allow the light industrial business to continue, but not to change the intensity of the business. Ms. Durrett stated that the area behind the complex was acquired from the Durrett Family Trust. Ms Few commented that any questions concerning land ownership and uses would have to be directed to the legal department. Commissioner Schwebke made a motion "TO RECOMMEND APPROVAL OF AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF ALAMOGORDO AND CHANGE THE ZONING TO DISTRICT "E" (LIGHT INDUSTRIAL)." Commissioner Dardin seconded the motion. All voted "AYE", passing the motion by a vote of 5-0-0.

F. CLOSE PUBLIC HEARING. Chairman O’ Hara declared that the public hearing is closed.

5. SUBDIVISIONS.

A. CASE: S-00-0682(A). PETITIONER: Lance C. Grace, Laura C. Grace, N. Wayne Bennett, and Norma C. Bennett, owners, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of the preliminary and final plat of MARBLE CANYON ESTATES SUBDIVISION, REPLAT B, for five (5) lots; with variances on the construction and installation of alleys, on the installation of utilities (water and sewer), on the dedication and 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 22-01-140(b)(1) relating to drainage plans; with private access,, private wells, and septic tank systems; located outside the City of Alamogordo, but within its planning and platting jurisdiction. TOTAL AREA: ± 35.751 acres. LOCATION: Marble Canyon Drive. CURRENT LEGAL: Lots 4A and 5A, Replat A, Marble Canyon Estates and Lots 6 and 7, Marble Canyon Estates and a tract of land in the Southwest one-quarter of Section 22, T16S, R10E, NMPM, Otero County, New Mexico, all described by metes and bounds as follows: Starting at the Southwest corner of said Southwest one-quarter and going North 00 degrees 05 minutes 08 seconds East along the West line of said Southwest one-quarter a distance of 898.08 feet to the place of beginning of the tract of land herein described; thence continuing North 00 degrees 05 minutes 08 seconds East a distance of 296.58 feet; thence North 89 degrees 57 minutes 21 seconds East a distance of 230.00 feet; thence North 00 degrees 05 minutes 08 seconds East a distance of 300.00 feet; thence South 89 degrees 54 minutes 52 seconds East a distance of 171.18 feet; thence along the arc of a curve to the right whose central angle is 15 degrees 52 minutes 28 seconds and whose radius is 1150.00 feet an arc distance of 318.62 feet; thence South 74 degrees 02 minutes 24 seconds East a distance of 110.47 feet; thence along the arc of a curve to the left whose central angle is 13 degrees 37 minutes 44 seconds and whose radius is 1200.00 feet an arc distance of 285.44 feet; thence South 87 degrees 40 minutes 11 seconds East a distance of 445.78 feet; thence along the arc of a curve to the right whose central angle is 24 degrees 09 minutes 17 seconds and whose radius is 689.00 feet and whose chord bears South 76 degrees 40 minutes 04 seconds East an arc distance of 290.47 feet; thence North 02 degrees 16 minutes 00 seconds West a distance of 55.94 feet; thence South 77 degrees 40 minutes 31 seconds East a distance of 28.80 feet; thence South 35 degrees 30 minutes 38 seconds East a distance of 475.47 feet; thence South 11 degrees 15 minutes 57 seconds West a distance of 267.68 feet; thence South 39 degrees 45 minutes 41 seconds West a distance of 390.51 feet; thence South 89 degrees 57 minutes 21 seconds West a distance of 600.00 feet; thence North 00 degrees 02 minutes 39 seconds West a distance of 300.00 feet; thence South 89 degrees 57 minutes 21 seconds West a distance of 675.00 feet; thence North 69 degrees 20 minutes 57 seconds West a distance of 592.78 feet to the said place of beginning. CURRENT ZONE: No zoning, outside the City.

Ms. Few stated that this item was previously tabled before the Planing and Zoning Commission. Lance C. Grace, Laura C. Grace, N. Wayne Bennett and Norma C. Bennett own 35.751 acres in Section 22, T16S, R10E, NMPM. Development of the property into five (5) lots, each at least six (6) acres, is proposed together with delineation of a private roadway. The subdivision includes approximately eight (8) acres which were not included in any previous plat. The property has no zoning since it is located outside the City of Alamogordo. The 1971 Master Plan designates this property as public, parks and schools. Utilities on and adjacent to the tract are required to be shown. This utility information was provided to the City on a preliminary subdivision plat (dated 2/14/95). The "preliminary plat" was for the original subdivision and did not reflect the proposed lot configuration or any information for either electrical or natural gas service. Ground elevations of the tract, based on a USCGS datum plane are required to be shown on the preliminary plat, together with surface and subsurface conditions on the tract. This utility information was provided to the City on a preliminary subdivision plat (dated 2/14/95). The "preliminary plat" was for the original subdivision and did not reflect the proposed lot configuration. Protective covenants are required to be provided to the City. A copy of the applicable covenants must be provided to staff prior to consideration of the plat by the City Commission. Dead end streets, designed to be so permanently, shall not be longer than five hundred feet (500’) and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least eight feet (80’) and a street property line diameter of at least one hundred feet. The private roadway easement for Marble Canyon Drive appears to be approximately 3,500 feet in length from its connection to a public right-of-way at the City Limits. Although not requested, a variance is required for approval of the private roadway, of the length proposed, and without the required turn-around. It is recommended that a looped access system be incorporated into the subdivision design. No alternate design has been provided nor has justification of the needed variance. 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. Block lengths shall not exceed 1800 feet. The length of the proposed block exceeds the limitations. Although, not requested, a variance is required. However, it is recommend that a looped access system be incorporated into the subdivision design. No alternate design has been provided nor has justification of the needed variance. The subdividing of land shall be such as to provide, by means of a public street, each lot with satisfactory access to any existing public street. As proposed, Lot 5B is totally "land locked". Although the centerline of a "private driveway easement" is shown on the plat, no documentation of any filed easement is noted. All other lots in the subdivision have access to a private access easement which does not require that another’s property be crossed to access an individual lot. Direct access to Marble Canyon Drive must be provided on the plat to Lot 5B prior to final plat consideration by the Planning Commission. No alternate design has been provided nor has justification of the needed variance. 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. The developer has requested a variance to this requirement. 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. 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 a private street 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. A drainage report sealed by a professional engineer, registered in the State of New Mexico, which shall include calculations for existing (pre-developed) and developed conditions. Drainage facilities shall be designed for the 50 year, 24 hour storm event under developed conditions and evaluated for failure and/or property damage during the 100 year, 24 hour storm event. On-site ponding is permitted on lots over ten thousand square feet (10,000 sf) in size and the drainage area is confined to subject lot. If on-lot ponding is technically infeasible, drainage or ponding in a common retention/detention pond may be permitted. Design calculations shall be in accordance with the appropriate USDA/SCS method. The design, data and calculations certified by a registered engineer are required to be provided and approved by staff prior to consideration of the subdivision by the Planning and Zoning Commission. No access is proposed on the plat to the public lands abutting the subdivision on the south and east. Lincoln National Forest (LNF) has registered its concern and desire for public access easements to the LNF land abutting this subdivision. Such trail easements need to be shown on the plat prior to consideration of the plat by the City Commission. The location of each adjacent lot, with reference to the plat name and recording information is required. The lot locations and recording information is required on the plat prior to City Commission consideration. The names of record owners of all adjoining unplatted land is required. The ownership of adjoining unplatted land is required on the plat prior to City Commission consideration. 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. 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 has been approved by the County Planning Commission. The plat contains land in Lots 4B, 7B and 8B which was not included in any previously approved or filed subdivision plat. As such, the plat of the proposed subdivision should have been submitted with the documentation and fees required for both preliminary and final plat consideration. Part of the documentation was provided in a preliminary plat of dated 02/14/95 for the original subdivision. However, the preliminary plat fee and documentation required for complete subdivision review have not been provided to the City. Staff recommends denial the preliminary and final plat of MARBLE CANYON ESTATES SUBDIVISION, REPLAT B.

Mr. Klad Zimmerle, R.L.S., Burke & Associates, was available to speak for the request. Mr. Zimmerle stated that the topographic map was provided which was the original subdivision. The restrictive covenants were not submitted however, he had one available and they are a matter of record. Mr. Zimmerle went on to say that they were submitted with the original Marble Canyon Estates Subdivision and they haven’t changed since then. Marble Canyon Estates has a road which is owned by the owners of the subdivision and is maintained by the owners. There’s been some concern about providing an alternate road pattern within the subdivision. Mr. Zimmerle reminded the Commission that the walls of the canyon are near vertical. The potential building sites have been located and the lots have been redesigned around them. Five (5) lots have been reconfigured now that provide access, driveway routes to the building sites and access to easements. The length of the easements will provide emergency turn-around at the end of the road that is being extended to access the back of Lot Eight-B (8B). This will be specifically for emergency vehicles such as fire trucks, Sheriff’s Department, ambulances, etc. The private driveway easement that accesses Lot Five-B (5-B) has been made a matter of record with the previous replat, and will continue with this replat. Mr. Zimmerle submitted the original plat of Marble Canyon Estates concerning the other lots that utilize private driveway easements and private access easements in this area to get to Marble Canyon Drive. Lots Ten (10) and Eleven (11) are both accessed across Lot Eight (8) and across Lot Nine (9) by a forty-foot (40’) private driveway easement. Mr. Zimmerle explained the arrangement of the plat and the placement of the lots. As far as the trails with the U.S. Forest Service, it is an on-going process, and work is being done constantly. Commissioner Schwebke had a question about the tract of land being another subdivision. Mr. Zimmerle answered by saying that this is a common practice and has been done in several places in town. Ms. Few commented that per our ordinance; it would only be a mistake if it wasn’t picked-up and wouldn’t legitimize the action. Also, according to the surveyor’s board it’s a "no-no" as just a general replat. Our City attorney has advised that the addition of land is not qualifying as a replat; which is why the comment in the report states that fees and such should be submitted as preliminary and final. Mr. Zimmerle addressed Ms. Few by saying that the participating property owner was the City of Alamogordo. It was the City’s land that was sold and included, they even signed in on one of the replats as an owner. Ms. Few commented that without having the benefit of viewing the plats and pulling them, the final plat, which is what is filed, doesn’t give us the information to know how it was processed, and that is what the question is here. Commissioner Martin asked what is different from last month’s Planning and Zoning meeting and if all the required information has been submitted. Mr. Zimmerle answered by saying that the restrictive covenants were not submitted, but are files with the County Courthouse and are a matter of record. Ms. Few also stated that not all the requested information was submitted. Mr. Lance Grace of Lot Five-B ((5-B) was available to speak for the item. Mr. Grace stated that Marble Canyon Estates Subdivision is a very steep piece of land. He went on to say that the lots are being adjusted to accommodate home sites. Commissioner Martin stated again that all the information has not been submitted that is necessary for the City of Alamogordo to recognize it as a replat. Mr. Grace commented about the U.S. Forest Service, stating that the owners are working closely with the Forest Service to keep everything in compliance with the trails. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF THE PRELIMINARY AND FINAL PLAT OF MARBLE CANYON ESTATES SUBDIVISION, REPLAT B." Commissioner Sanders seconded the motion. Commissioner Martin voted "NAY". Commissioners: Schwebke, Dardin, Sanders, and Chairman O’Hara voted "AYE", passing the motion by a vote of 4-1-0.

B. CASE: S-00-0685(A). PETITIONER: Shelby F. Miller, Clare D. Miller, Harry D. Bloom, Martha L. Bloom, and Robert J. Flotte, owners, by Klad Zimmerle, R.L.S., agent. REQUEST: approval of the final plat of NORTH PARK SUBDIVISION, UNIT 4, REPLAT B, for three (3) lots; 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: ± 3.444 acres. LOCATION: 230 Glacier Drive. CURRENT LEGAL: Lot 3A, North Park Subdivision, Unit 4, Replat A. CURRENT ZONE: District "D" (Business).

Ms. Few reported that Shelby F. Miller, Clare D. Miller, Harry D. Bloom, Martha L. Bloom, and Robert J. Flotte own Lot 3A, North Parks Subdivision, Unit 3, within the City of Alamogordo. Approval of the final plat of NORTH PARK SUBDIVISION, UNIT 4, REPLAT B, has been requested. Subject subdivision is for the division of one tract into three (3) lots. The property, 230 Glacier Drive, is zoned "D" (Business) District. The 1971 Master Plan designates this property to be developed as light industrial. Through alleys, having a width of twenty feet (20'), are required in each block. A variance to this requirement was approved with the original platting and continuation of the variance is supported. 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 two (2) of the proposed lots are built out, the design, data and calculations certified by a registered engineer are required to be provided and approved by staff prior to any additional building permits are issued by the City. 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. Continuation of the variance to the public land dedication requirement is appropriate. 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 and utility lines (water and sewer), in accordance with the "Technical Standards" is required. All improvements are in place. Staff recommends approval of the final plat of NORTH PARK SUBDIVISION, UNIT 4, REPLAT B, with the requested variances (on alleys, on public land dedication, and on drainage plans).

Mr. Klad Zimmerle, R.L.S., was available to speak for the request. Mr. Zimmerle stated that the area is being cleaned up because it was realigned due to businesses. Commissioner Schwebke asked for confirmation that this is the area that the Put-Put and golf course/race track is located. Mr. Zimmerle confirmed that it is. Commissioner Sanders made a motion "TO RECOMMEND APPROVAL OF THE FINAL PLAT OF NORTH PARK SUBDIVISION, UNIT 4, REPLAT B." Commissioner Dardin seconded the motion. All voted "AYE", passing the motion by a vote of 5-0-0.

C. CASE: S-00-0686(A). PETITIONER: Paul D. Jackson, Janet L. Jackson, Stephanie Zahn, Judith Gayle Wilkinson, and Mary Frances Ihler, owners, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of the preliminary and final plat of EDGE OF ALAMO SUBDIVISION, for eight (8) 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 a cul-de-sac, on the execution of a Waiver of Protest Agreement, on the length of time allowed for filing the final plat (requesting 90 days), on the dedication of public land, and from Section 22-01-140(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: ± 12.295 acres. LOCATION: 900 Block S. Canyon Road. CURRENT LEGAL: A tract of land in the Northwest one-quarter Southwest one-quarter of Section 28, T16S, R10E, NMPM, described by metes and bounds as follows: Starting at the Southwest corner of said Section 28 and going North 00 degrees 22 minutes 20 seconds West along the West line of said Section 28 a distance of 1646.04 feet to the place of beginning of the tract of land herein described; thence continuing North 00 degrees 22 minutes 20 seconds West a distance of 367.32 feet; thence South 89 degrees 34 minutes 02 seconds East a distance of 988.08 feet; thence South 00 degrees 14 minutes 20 seconds East a distance of 667.91 feet; thence North 89 degrees 43 minutes 20 seconds West a distance of 396.71 feet; thence North 36 degrees 02 minutes 05 seconds West a distance of 217.29 feet; thence South 86 degrees 56 minutes 25 seconds West a distance of 212.80 feet; thence North 00 degrees 22 minutes 20 seconds West a distance of 157.92 feet; thence South 86 degrees 18 minutes 40 seconds West a distance of 250.91 feet to the said place of beginning. CURRENT ZONE: No zoning, outside the City.

Ms. Few reported that Paul D. Jackson, Janet L. Jackson, Stephanie Zahn, Judith Gayle Wilkinson, and Mary Frances Ihler own 17.295 acres in Section 28, T16S, R10E, NMPM. Development of 12.295 acres of the property into eight (8) lots, each at least 1.10 acres, is proposed. The property has no zoning since it is located outside the City of Alamogordo. The 1971 Master Plan designates this property as low density residential. The "Subdivision Application" and the "Property Ownership Data" form each need to be signed by all property owners and a copy of the Powers-of-Attorney attached. The appropriate signatures and powers-of-attorney must be provided to the City prior to the final subdivision plat being considered by the Planning and Zoning Commission. The exterior boundary lines of the property on the final plat and the metes and bounds description in dedication on the plat do not agree. The descriptions must be corrected prior to the final subdivision plat being considered by the Planning and Zoning Commission. The portion of Canyon Road, that is within the City and adjacent to this subdivision, lies within prescriptive easements. Dedication of right-of-way for Canyon Road is required. The plat must be corrected to reflect the dedication prior to consideration of the final subdivision by the Planning and Zoning Commission. (Because of the curvature of the road the width of the right-of-way will vary from thirty (30) feet on the south lot line of Lot 1 to a zero (0) feet approximately 150 feet north of the south lot line of Lot 1. Engineering is working with the applicant’s surveyor to determine the exact alignment. For safety and erosion control purposes it is recommended that the maximum side slopes for the proposed roadway be 2:1 (2’ horizontal to 1’ vertical)). The five (5) acre tract marked "not a part" on the preliminary plat, to the east of the subdivision lots, is apparently part of the original tract from which the eight (8) lots are being taken. Therefore the five acres must be shown as a lot or tract within the subdivision. In addition, the five acre tract appears to be landlocked. The final plat must be corrected to include the five acre tract as part of the subdivision with access to a public street, per Section 22-01-100(d) of the Code of Ordinances. Dead end streets, designed to be so permanently, shall not be longer than five hundred feet (500') and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least eight feet, and a street property line diameter of at least one hundred feet (100'). As proposed, the cul-de-sac "Canyon Draw" is approximately 860 feet long which exceeds City standards by roughly 360 feet. A City Engineering Department approved re-design of the lots and street is required prior to the final plat being considered by the Planning and Zoning Commission. 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 provided and approved by staff prior to consideration of the final plat of the subdivision by the Planning and Zoning Commission. Public land, at a maximum of five percent (5%) of the total area of the subdivision, exclusive of streets and alleys, is required to be dedicated to the City of Alamogordo. 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 paved streets are proposed for the subdivision. A variance from the requirements of the City's development standards has been requested together with a variance from the requirement for a Waiver of Protest Agreement. The level of improvements for the subdivision will comply with the County's standards for a subdivision. As the property abuts the corporate boundaries of Alamogordo and is within the City's utility extension area a standard Waiver of Protest Agreement has been prepared. The Agreement would take would only take effect if the subdivision is annexed into the City. 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 preliminary plat of EDGE OF ALAMO SUBDIVISION has been granted approval by the Otero County Planning Commission. Staff recommends approval of the preliminary plat of EDGE OF ALAMO SUBDIVISION 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 continuation of the final plat for the required revisions and submittals, with a Waiver of Protest Agreement.

Chairman O’Hara asked that the record state that Commissioner Sanders had to leave the building at approximately 4:00 P.M., and Ex-Officio Jaramillo had to leave the building at approximately 4:15 P.M. and the votes would reflect this.

Mr. Klad Zimmerle, R. L. S., and Mr. Paul Jackson were available to speak for the item. Mr. Zimmerle stated that the error in the legal description was corrected and wanted to thank Ms. Few for bringing the mistake to his attention. Ms. Few stated that the fees end-up being no different if it comes in as preliminary, and then final, so there is no cost benefit to the developer. Ms. Few also stated that we are recommending the preliminary be approved conceptually, and the final be continued because of the extensive revisions that have not been evaluated yet. This has been under review for a month, and we still don’t have all the things that should have been submitted with the original, such as the drainage plan. Mr. Zimmerle commented that he would like to have the item be considered as preliminary and final. Also, he stated that the drainage plan was submitted to Engineering at the original submittal. Ms. Few stated that no conference has taken place between Dean Hunt, Engineer, and herself, and therefore there is still no drainage report. Mr. Zimmerle stated that there would be a thirty-foot (30’) right-of-way provided. The five (5) acre parcel was a claim of exemption done through the County by proper subdivision procedures and was approved by Otero County, July 18, 2000, which separated the five (5) acre parcel from the larger parcel. The reason the City of Alamogordo wasn’t included in that is because the City of Alamogordo has no jurisdiction over acreage if over five acres. He went on to say that the County approved it and it is a separate parcel. As far as being landlocked, the exemption document shows a thirty-foot (30’) private driveway easement. Sixth (6th) Street comes off of South Scenic and they across the surmounts, they are granting an easement from Scenic to access this parcel. This will not be included, as this will be a private residence for the Jackson family. The right-of-way is recorded at the County Courthouse and is approximately one hundred, twenty feet (120’). The major redesign containing the road of the cul-de-sac follows the terrain and working with the drainage of the property. Mr. Zimmerle stated that the standard of the City of Alamogordo is 500’ on a cul-de-sac, and the County standard is 1500’. The road will be fully paved and allow a complete turn-around. There will be a full fifty-foot (50’) right-of-way, cul-de-sac, and paved roads per City of Alamogordo extraterritorial requirements, including twenty-four foot (24’) surface, four foot (4’) shoulders, and the right-of-ways will be dedicated by plat to the County. Mr. Zimmerle also stated that they would modify their application, if necessary, to request a variance to the City’s cul-de-sac length requirement, which is 500’. Commissioner Martin asked what the waiver of protest does. Mr. Zimmerle answered by saying that it puts an encumbrance on the property and makes the title easier to record. The waiver of protest places the burden of being put into the City limits onto the landowners, and allows the City to take away the right to protest the assessment district. Mr. Zimmerle stated however, that the waiver would only take affect if the subdivision is annexed. Ms. Few commented that the subdivision would have to follow the standard ordinance for subdivisions within the City’s utility extension area after the annexation of the subdivision. Mr. Zimmerle and Mr. Jackson both stated that they will submit an approval of this ordinance in writing. Commissioner Martin asked what was still needed by staff to have this item approved. Ms. Few reported that we are still waiting for the power of attorney signatures, and nothing has been discussed with the Engineering Department yet. Commissioner Schwebke made a motion "TO RECOMMEND APPROVAL OF THE PRELIMINARY AND FINAL PLAT OF EDGE OF ALAMO SUBDIVISION, FOR EIGHT (8) LOTS, WITH THE CONDITIONS THAT THE EASEMENT TO THE TRACT OF LANDLOCKED LAND BE SHOWN ON THE PLAT OR THAT THE CLAIM OF EXEMPTION BE SUBMITTED. ALSO THAT THE DRAINAGE PLAN AND REQUIRED SIGNATURES BE SUBMITTED TO THE CITY’S SATISFACTION, AND THAT THE LETTER OF AGREEMENT TO A WAIVER OF PROTEST BE SUBMITTED." Commissioner Dardin seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

D. CASE: S-00-0687(A). PETITIONER: Tierra de Suenos, Inc., et al, owners, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of the final plat of TIERRA DE SUENOS SUBDIVISION UNIT 3, REPLAT B, for four (4) lots; 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: ± 1.736 acres. LOCATION: 2140, 2146, 2152, and 2158 Cielo Grande Corte. CURRENT LEGAL: Lots 58, 59, 60 and 61, Tierra de Suenos, Unit 3. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that Tierra de Suenos, Inc., owns Lots 58 through 61, Tierra de Suenos Subdivision Unit 3, within the City of Alamogordo. Approval of the final plat of TIERRA DE SUENOS SUBDIVISION UNIT 3, REPLAT B, for four (4) lots on 1.736 acres has been requested. Subject subdivision is for the dedication of a drainage channel to the City and resulting re-configuration of four (4) lots. The property, 2140, 2146, 2152, and 2158 Cielo Grande Corte, is zoned "A" (Single Family Dwelling) District. The 1971 Master Plan designates this property to be developed as public, parks and schools. 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 in 1999. Through alleys, having a width of twenty feet (20'), are required in each block. The original subdivision was approved with a variance to this requirement, continuation of the approval is supported. 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 for each lot and approved by staff prior to any building permits 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. Acreage is to be dedicated with the final phase of development. Continuation of a variance to the public land dedication requirement is appropriate. Engineer Dean Hunt noted concerns with the drainage of the new drainage. A grading plan for the twenty-foot (20') drainage and utility easement on the west side of the subdivision must be submitted and approved by staff prior to the plat being released for filing. Staff recommends approval of the final plat of TIERRA DE SUENOS SUBDIVISION UNIT 3, REPLAT B with variances (on alleys, on public land dedication, and on a drainage plan) is supported by staff with the requirement that a grading plan for the twenty foot drainage and utility easement on the west side of the subdivision must be submitted and approved by staff prior to the plat being released for filing.

Ms. Few requested the grading on the drainage report be submitted before approval. Mr. Klad Zimmerle, Burke & Associates, was available to speak for the request. Mr. Zimmerle commented that Ms. Few and himself work very well together considering the timelines imposed. He also stated that the day before, Mr. Dean Hunt, Engineer, has already reviewed the grading of the drainage plan and has approved it. Ms. Few asked to have Mr. Hunt get the information to her for review. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF THE FINAL PLAT OF TIERRA DE SUENOS SUBDIVISION UNIT 3, REPLAT B WITH THE AGREEMENT THAT MR. ZIMMERLE AND MR. HUNT GET THE REQUIRED DRAINAGE INFORMATION TO MS. FEW". Commissioner Schwebke seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

6. REPORTS.

A. City Planner.

(1) November Agenda: Ms. Few reported to the board that four (4) items would be on the November agenda report

(2) Status of Salvage Yards: There was a report from Patrick Vandergriff, Code Enforcement Supervisor, concerning outside storage enforcement for storage yards and salvage yards.

(3) Expiration of Terms: Ms. Few asked that that if anyone on the Planning and Zoning Commission doesn’t want to be re-appointed, please let the City Commission know as soon as possible because the Mayor will be working on these items very quickly.

(4) Annual report: The annual report will be coming up in a couple months; and Ms. Few asked that if any one has something they would like to see on that, let her know as soon as possible.

(5) 2001 Meeting and Deadline Schedule: The schedule will be on the next agenda for formalization.

(6) Website Update: Ms. Few reported that the agenda is now available on the web and the minutes will come, as it takes longer to convert into HTML format. Also, the members of the PZC were asked if there was a problem having the roster available on the web. The PZC members all agreed that the roster on the web is not a problem including the phone numbers of the Planning and Zoning Commissioners.

B. CHAIRMAN - None.

C. COMMISSION - None.

7. PERSONS TO BE HEARD - None.

8. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Schwebke made a motion "TO ADJOURN". Seconded by Commissioner Dardin. All voted "AYE", passing the motion by a vote of 5-0-0. The meeting adjourned at approximately 4:40 p.m.

 

Approved: ____________________

(date)

_____________________________

Michael M. O=Hara, Chairman

 

ATTEST:

 

_________________________________

J. Gregory Garcia, Recording Secretary