September 6, 2000 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

September 6, 2000

 

MEMBERS PRESENT:

Mr. Michael M. O’Hara, Chairman

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

Ms. Paula J. Dardin, Member.

Mr. Preciliano J. Martín, Member.

MEMBERS ABSENT:

Mr. Daniel Schwebke, Second Vice-Chairman.

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

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Ms. Fern Eckenberg, Recording Secretary.

Mr. J. Gregory Garcia, Recording Secretary.

OTHERS PRESENT:

Mr. Klad Zimmerle, R.L.S., Burke & Associates; Ms. Susan Moss, Otero Economic Development Council; Mr. Myron D. Cowell; Ms. Betty L. Cowell; Mr. Jim Snyder, Van Winkle’s IGA; Mr. Richard Haas, A.I.A.; Rev. Scott Ruthven, St. John’s Episcopal Church; Ms. Alana Osborn; Mr. Peter Kavel; Mr. Fred W. Wilcoxson; Mr. Rolando Alvarez; Mr. N. Wayne Bennett; Mayor Donald E. Carroll; and other unidentified persons.

1. CALL TO ORDER. Chairman O’Hara called the regularly scheduled September 6, 2000, meeting to order at approximately 1:30 p.m. Chairman O’Hara noted that a total of eight (8) items were to be considered, three (3) 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 26, 2000, to render final decisions.

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

3. MINUTES OF AUGUST 16TH SPECIAL MEETING, AND JULY 30TH INSPECTION TOUR, 2000. Commissioner Sanders made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner Dardin. All voted "AYE", approving the motion by a vote of 4-0-0.

4. PUBLIC HEARING.

A. CASE: V-00-0429(A). PETITIONER: Myron D. Cowell and Betty L. Cowell, owners. REQUEST: Approval of a variance of thirteen feet (13') from Section 29-03-020, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing front yard setbacks; which, if approved, would allow the construction of a garage extension twelve feet (12’) from the front property line, rather than the twenty-five foot (25') front setback required by Code. TOTAL AREA: ± 8,220 square feet. LOCATION: 2617 St. Andrews Court. CURRENT LEGAL: Lot 19, Desert Hills Subdivision, Unit 5. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that Myron D. Cowell and Betty L. Cowell own Lot 19, Desert Hills Subdivision, Unit. 5. They plan to have a two (2) bay extension constructed on their garage. The property, 2617 St. Andrews Court, is zoned "A" (Single Family Dwelling) District. The 1971 Master Plan designates this property to be developed as public, parks and open spaces. A front yard having a width of not less than twenty-five feet (25') is required. The garage extension is to be constructed with a front yard setback of twelve feet (12'). Therefore a variance of thirteen feet (13’) has been requested. Engineer Dean Hunt noted that a minimum distance of eighteen feet (18’) should be provided from the front of the garage to the back of the sidewalk, to minimize conflicts between vehicles parked in the driveway and pedestrian traffic on the sidewalk. As proposed, there will be approximately eighteen feet (18’) between the south-eastern corner of the garage and the back of the curb. A sidewalk is at least four feet (4’) wide, therefore, only fourteen feet (14’) will be available between the edge of the garage and the back of the sidewalk. 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. The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance, Chapter 4, Article 4-07, of the Code of Ordinances of the City of Alamogordo, New Mexico. An Avigation Easement limiting vertical development to not more than fifty feet (50') above ground level was executed with the subdivision. 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 August 20 and 22, 2000, in the Alamogordo Daily News, and twenty-six (26) notices were mailed to property owners within the 200 foot legal protest area on August 18 and 21, 2000. No protests to the requested variance were received. The original recommendation was, to deny the requested thirteen foot (13’) front setback variance to avoid conflicts with pedestrian traffic However, after re-measuring the property and finding sufficient room, staff recommends approval of the requested thirteen foot (13’) front setback variance.

Mr. Myron Cowell was present to answer questions about the requested variance. He stated that the area is a cul-de-sac and that he had spoken with everyone in the neighborhood about the variance and all were favorable. He also stated that he had spoken with Mr. Norm Lane of Eagle Dr., who also had no problem with the variance. Therefore, Mr. Cowell asked for favorable approval from the Commission. Commissioner Sanders asked if he had spoken with the Townsends on this matter as well? Mr. Cowell stated that he had indeed spoken with Mr. Townsend. In fact, the Townsends would be affected the most because if not approved, the extension would have to be located to the rear and would block the Townsends’ view of the mountains. He went on to explain that the current proposed site is more economical and the area provides electrical power there where he could utilize it. Commissioner Sanders asked Ms. Few if the lack of protest was the reason for the change in recommendation from staff. Ms. Few answered that the change of recommendation from staff was because. Mr. Dean Hunt and herself had gone out this morning and re-measured the property and found that contrary to the scaling of the drawing, that there was sufficient room out there. Commissioner Sanders made a motion "TO RECOMMEND APPROVAL OF CASE V-00-0429(A) FOR THE REQUESTED VARIANCE". Commissioner Dardin seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

B. CASE: V-00-0431(A). PETITIONER: Rolando Alvarez and Irma M. Alvarez, owners. REQUEST: Approval of a variance of five feet (5') from Section 29-03-170, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing required accessory building setbacks; which, if approved, would allow the construction of an accessory building (storage shed) five feet (5’) from the main building, rather than the ten feet (10’) required by Code. TOTAL AREA: ± 6,600 square feet. LOCATION: 429 Yellowstone. CURRENT LEGAL: Lot 17, North Park Subdivision, Unit 3. CURRENT ZONE: District "A-1" (Townhouse).

Ms. Few reported that Rolando Alvarez and Irma Alvarez own Lot 17, North Park Subdivision No. 3, 429 Yellowstone. They plan to install a storage shed (ten foot square) on the Northeast corner of their property. The property, 429 Yellowstone, is zoned "A-1" (Townhouse) District. The 1971 Master Plan designates this property to be developed as residential and trailer. A separation of not less than ten feet (10') is required between an accessory building and the main building. The storage shed is to be constructed approximately five feet (5’) from the patio support post of the main building. Therefore a variance of five feet (5’) 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 noting 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 August 20 and 22, 2000, in the Alamogordo Daily News, and thirty-two (32) notices were mailed to property owners within the 200 foot legal protest area on August 18 and 21, 2000. No protests to the requested variance have been received; however, 10:00 a.m. on September 6, 2000, is the deadline for protests to be submitted to the City Planner. Staff recommends approval of the five-foot (5’) setback variance for the accessory building.

Mr. Rolando Alvarez was present to answer questions for the proposed variance. Mr. Alvarez stated that there was a question about the distance between the house and what was considered the house because of the existing patio area. The distance is actually fifteen and one-half feet (15 ½’) between the open patio and the storage shed. Chairman O’Hara asked if there is a roof over the open patio. Mr. Alvarez stated that there is—which makes the patio area considered part of the house. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF CASE V-00-0431(A) FOR THE REQUESTED VARIANCE". Commissioner Sanders seconded the motion. All voted "AYE", passing the motion with a vote of 4-0-0.

C. CASE: V-00-0432(A). PETITIONER: RIP Limited Partnership, owner, Don P. Van Winkle, General Partner, Richard Haas, Architect. REQUEST: Approval of a variance from Section 29-03-330, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing off-street parking requirements; which, if approved, would allow the construction of a 4500 square foot out building and fueling station with a resulting off-street parking ratio of 2:1, rather than the off-street parking ratio of three (3) square feet of parking for each square foot of building required by Code. TOTAL AREA: ± 5.17 acre. LOCATION: 675 E. Tenth Street. CURRENT LEGAL: Lot 1A, Blocks 73, 74 and 75, Alamo Blocks, Replat A. CURRENT ZONE: District "D" (Business).

Ms. Few reported that RIP Limited Partnership owns Lot 1A, Blocks, 73, 74 and 75, Alamo Blocks, Replat A, 675 E. Tenth Street. They plan to build an additional 4500 square foot structure for retail use and a fueling station. The property, 675 E. Tenth Street, is zoned "D" (Business) District. The 1971 Master Plan designates this property to be developed as business. Off-street parking for automobiles shall be provided within a distance of five hundred feet (500’) in a proportion of not less than three square feet (3 S.F.) for each square foot of area inside any such business building. A previous off-street parking variance was approved in 1993. The current request would allow a further reduction of the parking requirements [2:1] to allow the construction of a 4500 square foot building for retail use and a separate fueling station. 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 August 20 and 22, 2000, in the Alamogordo Daily News, and thirty-nine (39) notices were mailed to property owners within the 200 foot legal protest area on August 18 and 21, 2000. Seven (7) protests to the requested variance were received. Staff recommends Approval of the requested off-street parking variance.

Mr. Jim Synder, President of Van Winkle’s IGA, was present to speak. He stated that the main reason that they considered this new addition was because of the available parking space not available to them at the old location. He stated that it would be a good service to the community and requests approval of the variance. Chairman O’Hara stated that after reading the protests, it seems some of the people have a problem with parking in the street area, and asked if some of the employees are parking in the street instead of the designated parking area? Mr. Snyder stated that he wasn’t aware of the problem until recently and found that only two (2) IGA employees were parking in the street area and also three (3) bank employees He stated he now knows that there are "two hour parking" signs on Ohio street. Went on to say that the problem was easily corrected, and will no longer be a problem because of the large area of parking space to the west of the store. Commissioner Martin expressed his concern that the parking area was not an issue now, but plans for the fueling station in the future is because of traffic flow on the north side of the building. Mr. Synder responded by saying that the north side "thru–traffic" was resolved by adding a stop sign and installing a speed bump within the last six (6) months. Parking was also set back, and he believes that the changes have increased the level of safety. Commissioner Martin asked about the off-street parking variance previously mentioned? Ms. Few responded by saying that there was a previously approved variance (1993) when Smith’s was first proposed. She went on to explain that the proposed variance, if approved, would reduce the off-street parking additionally from that approved variance. Chairman O’Hara stated that the parking ratio would go from 2.3:1 to 2:1. Ms. Few clarified that the standard code is 3:1 and in 1993, it was reduced with the variance to 2.3:1. Mr. Synder went on to say that the only time parking would be an issue is during holiday hours or when they are running very special ads. Customers would be brought in and out on their way in a timely manner. Ms. Few noted that although it has not been submitted for building permit review; the Engineering Department does have concerns about the proposed location of the fuel station because it would be in direct alignment with the intersection of Virginia. The intersection is supposed to be a future traffic light area and could cause traffic congestion problems. Commissioner Martin asked if the staff recommendation changed from the original information? Ms. Few reported that the recommendation has not changed. However, if the number of protests had been higher, the recommendation would have changed. Mr. Snyder said he believes protests have only been of parking in the street by IGA employees and the problem has been taken care of. Chairman O’Hara had concerns about parking in the commercial and residential area of Ohio during peak grocery store hours. Mr. Snyder agreed, but stated that there has never been a problem with customers parking on that street. Some IGA employees have been parking there because it is closer to the store than the west side of the parking area. Commissioner Martin had concerns that the current parking ratio is 2.3:1 and the proposed fueling station would reduce it to 2:1. Code is 3:1. Speaking on behalf of IGA, Mr. Richard Haas, Architect, pointed out that the parking lot is going to be re-striped and five (5) regular size lots are to be added to the lot. He explained the location of the fueling area wouldn’t be an issue because most customers don’t park past the proposed area anyway. He suggested that the parking area wouldn’t be reduced, only the blacktop area because of the fuel station and out-building. Commissioner Sanders suggested that the traffic flow pattern would be altered. Traffic would be pushed back toward Indiana or the furthest East entrance of Tenth Street. She felt how traffic would be relieved is the main issue here because it would be routed through Ohio, Indiana, Vermont, and one exit on Tenth Street—which means more traffic through residential areas. Commissioner Martin stated his concern that most of the traffic enters the parking lot on the east side of Tenth Street. Traffic needs to exit either through the west side of Tenth Street or the other residential areas especially during times of heavy traffic. Commissioner Sanders commented that the exit on the west side of the parking lot to Tenth Street would basically be eliminated by the fueling station because of the traffic turning into that area. Mr. Haas stated that there is 100 feet between the intersection of the fueling station and the west entrance of the parking lot from Tenth Street. Also, if there are proposals for a Virginia/Tenth Street traffic light, which would help alleviate traffic problems. Ms. Few concluded that the Virginia/Tenth Street area is under proposal for a traffic light. Commissioner Martin also posed the question of closing the Ohio exit in order to keep traffic from utilizing that street to exit the parking lot. Commissioner Sanders agreed that the closure of Ohio Street from the parking area would be a good idea to reduce traffic flow through the street. Chairman O’Hara respectfully disagreed with the issue of more traffic through Ohio Street, stating that the problem is going to focused more on the congestion of traffic on the Tenth and Virginia entrance to the parking lot. He went on to remind the Planning Commission that the discussion needs to be aimed toward the approval of the variance of the parking area, and not the location of the fueling station or the traffic flow at this time Scott Ruthven, Reverend, St. John’s Episcopal Church was present to state his reason for the protest and concerns about the traffic congestion With the day-school on Indiana, the danger exists for the children and the parents picking up or dropping off kids. Also on Tuesdays and Thursdays they have a soup kitchen. Mr. Peter Kavel was also present to state his reason for protest on approval of the variance. He also expressed his concern about the type of merchandise that would be sold in the out building. He stated that he lives on Ohio and is tired of the semi-trucks going down the street. If approved, the fueling station and out building would create even more traffic. He feels that the traffic issue needs to be addressed before anything is approved, because if approved, the affects would be unrecoverable. Mr. Snyder assured everyone that the out-building would be used for a video store and the fueling station would only sell small items that could fit in the kiosk. He went on to say that no alcohol would be sold in either of the additions. Mr. Kavel raised his concern about the fueling stations using parking space. Ms. Few clarified that the eight foot by ten foot (8’ X 10’) kiosk has been figured into the proposed parking ratio. The fueling islands wouldn’t require a parking ratio because the ratio only pertains to square footage of a building. Ms. Alana Osborn was present to state her reasons for protest on the variance. She only addressed concerns about IGA employee parking on Ohio. Chairman O’Hara reminded Ms. Osborn that the issue of employee parking had already been addressed and any violations should be reported to IGA management. Ms. Osborn had submitted a protest in writing and stated that she would consider withdrawing her protest if the management of IGA would resolve the customer/employee parking. Mr. Snyder agreed to meet with Ms. Osborn to address parking issues. Ms. Few reminded the audience that protests to a variance that is withdrawn has to be withdrawn in writing for submittal to the City Commission. Commissioner Sanders posed the question about the location of the proposed fueling station? Ms. Few clarified that there would be no basis for staff to disapprove the variance at this point, and the issue of location would have to be addressed with the building permit application. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF CASE V-00-0432(A) FOR THE REQUESTED VARIANCE". Commissioner Sanders seconded the motion. All voted "AYE", passing the motion with a vote of 4-0-0.

D. Close Public Hearing. Chairman O’Hara declared the hearing closed.

5. MISCELLANEOUS.

CASE: A-00-0052(A). PETITIONER: Edwina May Danley, 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: ± 2.064 acres. LOCATION: 2508 Ocotillo Drive. CURRENT LEGAL: A tract of land in the Northwest one-quarter of Section 33, T16S, R10E, NMPM, described as follows: Starting at the Northwest corner of said Section 33 and going North 89 degrees 53 minutes 01 seconds East along the North line of said Section 33 a distance of 1016.50 feet to the place of beginning of the tract of land herein described; thence continuing North 89 degrees 53 minutes 01 seconds East a distance of 338.88 feet; thence South 36 degrees 11 minutes 39 seconds East a distance of 98.44 feet; thence South 46 degrees 25 minutes 21 seconds West a distance of 89.51 feet; thence South 66 degrees 13 minutes 21 seconds West a distance of 150.25 feet; thence South 02 degrees 02 minutes 39 seconds East a distance of 114.90 feet; thence North 89 degrees 37 minutes 39 seconds West a distance of 197.95 feet; thence North 00 degrees 08 minutes 59 seconds West a distance of 314.58 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling) upon annexation

Ms. Few reported that Edwina M. Danley owns 2.064 acres in Section 33, T16S, R10E, NMPM, Otero County, New Mexico. She has 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, 2508 Ocotillo Drive, 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 outside the City’s utility extension and annexation area. 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 on drainage of development over and above one (1) single family use per lot can not be determined without receipt and review of a site development plan with hydraulic data. . Staff recommends approval of the requested annexation for Case A-00-0052(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. Staff recommends 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.

Mr. Klad Zimmerle, R.L.S., Burke and Associates, was available to answer any questions. He requested approval of the annexation of the land in order to get inside city limits. He hopes to be able to petition for city water at a later time. Nobody spoke against the ordinance. Commissioner Sanders made motion "TO RECOMMEND APPROVAL OF CASE A-00-0052(A), WITH STAFF RECOMMENDATIONS THAT ANNEXATION OF THE PROPERTY DOES NOT GUARANTEE EITHER THE APPROVAL OF ANY DEVELOPMENT PLAN OR THE AVAILABILITY OF WATER AND/OR SEWER SERVICES". Commissioner Martin seconded the motion. All voted "AYE", passing the motion with a vote of 4-0-0.

6. SUBDIVISIONS

A. CASE: S-00-0679(A). PETITIONER: Edwina May Danley, owner, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of the preliminary and final plat of ORCHARD SUBDIVISION, for two (2) 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 dedication of public land, and from Section 22-01-140(b)(1) relating to drainage plans; with private wells, septic tank systems, and public access; located outside the City of Alamogordo but under consideration for annexation. TOTAL AREA: ± 2.064 acres. LOCATION: 2508 Ocotillo Drive. CURRENT LEGAL: A tract of land in the Northwest one-quarter of Section 33, T16S, R10E, NMPM, described as follows: Starting at the Northwest corner of said Section 33 and going North 89 degrees 53 minutes 01 seconds East along the North line of said Section 33 a distance of 1016.50 feet to the place of beginning of the tract of land herein described; thence continuing North 89 degrees 53 minutes 01 seconds East a distance of 338.88 feet; thence South 36 degrees 11 minutes 39 seconds East a distance of 98.44 feet; thence South 46 degrees 25 minutes 21 seconds West a distance of 89.51 feet; thence South 66 degrees 13 minutes 21 seconds West a distance of 150.25 feet; thence South 02 degrees 02 minutes 39 seconds East a distance of 114.90 feet; thence North 89 degrees 37 minutes 39 seconds West a distance of 197.95 feet; thence North 00 degrees 08 minutes 59 seconds West a distance of 314.58 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling) upon annexation.

Ms. Few reported that Edwina M. Danley owns approximately two acres in Section 33, T16S, R10E, NMPM, within the City of Alamogordo. Approval of the preliminary and final plat of ORCHARD SUBDIVISION for the development of two (2) lots has been requested. The property, 2508 Ocotillo Drive, will be zoned "A" (Single Family Dwelling) District upon 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. A variance to the requirement for an alley is needed. 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. Right-of-way width is not shown on the plat for Ocotillo Drive. This must be corrected and dedication provided. The minimum building setback line on all lots and other sites is required to be shown 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 a building permit being issued by the City for new construction on the property. 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. A total of 4,495 square feet would due the City for dedication: A variance to the public land dedication requirement is required. Typical utility easements which include an addition five feet (5') at the front property lines are shown on the preliminary plat. No such easements are shown on the final plat, which is the document to be filed. These easements and a typical must be included on the plat. The installation of street improvements, in accordance with the "Technical Standards" is required. A Waiver of Protest Agreement has been drafted The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required. A Waiver of Protest Agreement has been drafted. Staff recommends approval of the preliminary and final plat of Orchard Subdivision with the required variances (on alleys, on public land dedication, on the construction and installation of streets to City standards, and on the construction and installation of water and sewer lines to City standards), and the execution of contracts.

Mr. Klad Zimmerle, R.L.S., Burke & Associates, was available to answer questions. He stated that they were willing to give right-of-way for Ocotillo up to the existing fence, which is a rock wall on the north side of the property. All overhead utilities for the lot are located at that wall. They’re offering fifteen feet (15’) south of the section line for the Ocotillo right-of-way. This would put all existing utilities in the straight right-of-way and make the fence the boundary for the right-of-way. There are improvements south of there –large shade trees, sidewalks, driveways and underground irrigation immediately adjacent to and south of the fence. Commissioner Martin asked how the rock wall aligned with the remainder of the right-of-way of ocotillo? Mr. Zimmerle explained that there is no more right-of-way for Ocotillo. The City of Alamogordo is trying to acquire the right-of-way. Also, in most places there is no easement. Mr. Zimmerle went on to say that across the street and to the Northwest, there is subdivision called Ellison Subdivision, which has a thirty foot (30’) right-of-way, however to the west, there are properties that have no easement for street or utility purposes. Mr. Zimmerle also asked if the permissive encroachment is for the life of the encroachment? Ms. Few answered that the encroachment would only be permissive only until the city deems it necessary to use the easement. Commissioner Martin asked if the commission would like to table the proposal? Chairman O’Hara stated that the twenty (20’) right-of-way should be approved and the encroachment could be discussed with the City Commission and the Danleys. Commissioner Martin made the motion "TO RECOMMEND APPROVAL OF CASE S-00-0679(A) WITH A TWENTY (20’) ROAD DEDICATION AND THE REQUIRED VARIANCES AND EXECUTION OF CONTRACTS". Commissioner Dardin seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

B. CASE: S-00-0681(A). PETITIONER: C. Michael Shyne and the Motel 6 Subdivision Partnership, owners, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of the preliminary and final plat of MOTEL 6 SUBDIVISION REPLAT F, 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: ± 1.894 acres. LOCATION: Panorama Boulevard at Hamilton Road. CURRENT LEGAL: Lots 1B through 4B, Replat B, Motel 6 Subdivision, Alamogordo, Otero county, New Mexico, and 2 tracts of land in Lot 3, Rath Tara Estates, Phase 2 and a portion of the former forty foot (40’) drainage easement lying along the North side of Rath Tara Estates, Phase 1 and a tract of land in Lot 4, Section 30, T16S, R10E, NMPM, all described by metes and bounds as follows: Beginning at the Northeast corner of said Lot 4B and going South 00 degrees 41 minutes 31 seconds East along the East line of Lot 4B a distance of 140.71 feet; thence North 89 degrees 20 minutes 29 seconds East a distance of 0.28 feet; thence along the arc of a curve to the right whose central angle is 34 degrees 05 minutes 17 seconds and whose radius is 164.74 feet and whose chord bears South 26 degrees 23 minutes 53 seconds West an arc distance of 98.01 feet; thence south 89 degrees 20 minutes 29 seconds West a distance of 429.19 feet to the East right-of-way line of White Sands Boulevard; thence Along said right-of-way line along the arc of a curve to the left whose central angle is 09 degrees 13 minutes 49 seconds and whose radius is 2060.00 feet and whose chord bears North 40 degrees 56 minutes 35 seconds East an arc distance of 331.86 feet to the south right-of-way line of Panorama Boulevard; thence along said right-of-way line along the arc of a curve to the left whose central angle is 20 degrees 42 minutes 31 seconds and whose radius is 330.00 feet and whose chord bears South 80 degrees 20 minutes 15 seconds East an arc distance of 119.27 feet; thence North 89 degrees 18 minutes 29 seconds East a distance of 135.94 feet to the said place of beginning. CURRENT ZONE: District "D" (Business).

Ms. Few stated that C. Michael Shyne and the Motel 6 Subdivision Partnership own Lots 1B through 4B, Replat B, Motel 6 Subdivision, Alamogordo, Otero county, New Mexico, and two (2) tracts of land in Lot 3, Rath Tara Estates, Phase 2 and a portion of the former forty foot (40’) drainage easement lying along the North side of Rath Tara Estates, Phase 1 and a tract of land in Lot 4, Section 30, T16S, R10E, NMPM, within the City of Alamogordo. Approval of the preliminary and final plat of – MOTEL 6 SUBDIVISION, REPLAT F for 1.894 acres has been requested. Subject subdivision is for the development of three (3) business lots. The property, on Panorama 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. Right-of-way widths are not shown on the plat for White Sands Boulevard. This must be corrected prior to consideration by the City Commission. The minimum building setback line on all lots and other sites is required to be shown on the plat. The front yard setbacks must be on the plat. (b) A setback or easement on the lot. 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 S.F.) 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. Approximately 4,125 square feet is due the City for dedication. A variance to the public land dedication requirement has been requested on the application. 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. Typical utility easements, which include an addition five feet (5’) at the front property lines, are shown on the preliminary plat. No such easements are shown on the final plat, which is the document to be filed. These easements and a typical must be included on the plat. The easement for the waterline crossing the lots should be minimum of twenty feet (20’) wide. The plat must be corrected to show the increased width. Staff recommends approval of the preliminary and final plat of MOTEL 6 SUBDIVISION, REPLAT F with the requested variances (on alleys and on public land dedication) and required corrections.

Mr. Klad Zimmerle, R.L.S., Burke & Associates, was available for questions on the Motel 6 subdivision. He apologized for not having a drainage report, but would have the proposed report by the end of the week for Engineering. He stated they would give an additional five feet (5’) for utility easement enlarged to twenty feet (20’) as recommended and all else would be addressed. Ms. Few asked to have the drainage reports tomorrow, September 7, 2000 in order for Engineering to review them because all reports need to go to the City Clerk by noon of next Wednesday, October 13, 2000. Mr. Zimmerle stated that they would try to meet the deadline. Also stating that a revised plat would be available showing an easement of ten feet (10’) along Panorama Blvd. with the five foot (5’) increase and it will hopefully have addresses. Chairman asked if this property is located north of the existing new Hampton Inn? Commissioner Sanders made motion "TO RECOMMEND APPROVAL OF CASE S-00-681(A) SUBJECT TO THE PLAT BEING CORRECTED TO SHOW THE INCREASED WIDTH ACCORDING TO RECOMMENDATIONS OF STAFF". Commissioner Dardin seconded the motion. All voted "AYE", passing the motion with a vote of 4-0-0.

C. 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 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 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 must provided on a preliminary subdivision plat and provided to the City prior to consideration of the final plat by the Planning Commission. 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 data must be shown on a preliminary plat and provided to the City prior to consideration of the final plat by the Planning Commission. 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. 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. 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. 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. 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. 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 is scheduled for consideration by the County Planning Commission. Staff recommendation is to table the preliminary and final plat of MARBLE CANYON ESTATES SUBDIVISION, REPLAT B, until all required materials are provided for evaluation by staff.

Mr. Klad Zimmerle, R.L.S., Burke & Associates, was available for questions on the Marble Canyon Estates Subdivision stating that the subdivision that was presented to the commission as a replat and not a preliminary subdivision and has already been seen by the City and the County Planning Commission in 1996. The presented subdivision contains land that wasn’t in the original subdivision. Mr. Zimmerle stated that what they did is took four lots that were cut on the mountain and realigned them to accommodate building sites. The roads are private and maintained under restrictive covenants. The roads aren’t expected to be taken by the City or the County. The lot is landlocked with no recorded easement. This is a replat of that signed off by the city in 1997 showing driveway easement with access and, he stated,. these are a matter of record. Referring to Lot 5B. Ms. Few stated to the Planning Commission that the Replat A to which Mr. Zimmerle refers and shows a centerline easement was done as a summary procedure and under a summary procedure, there cannot be approval or acceptance of any easements or dedications. She also stated that Mr. Zimmerle should be well aware of this. There should have been and it was inferred that this was an existing dedication. The City of Alamogordo didn’t give approval to anything. It was not needed because the lot in question, 5A, had access to an already approved easement. With the new replat, Lot 5B is totally landlocked. There is no access through any separate easement that has been approved through either the City or the County. There is additional land that has been included on this plat and as such, the replat that they are presenting (Replat B), should have come in under full approval procedure for both preliminary and final plat approval. She went on to remind the commission that the land in question is thirty-five (35) acres and staff doesn’t take it’s job of recommendation lightly. The recommendation is tabling for review and continuing this until the next meeting. Mr. Zimmerle stated that this replat contains 35.751 acres, of which 27.6 acres has already been approved. He stated they are adding just eight (8) acres so the City has already seen the terrain. As far as the lot touching the private drive, because it is near vertical property, It’s physically impossible to get to from the private drive to the home site—unless one is an experienced rapeller or rock climber. What they have done is realigned the property lines so that they are following the terrain. The new boundaries are the face of the cliff, the edge of the arroyo—the natural boundaries. He went on to say that it has created lots that contain good building sites. This area is governed by a set of covenants to keep it private. Roads are paved, gated and maintained as before mentioned. The utilities that exist on the property are within the roads. The easement was granted to US West/Texas NM and they have full access to it. Mr. Zimmerle stressed that this is solely a replat. Ms. Few corrected Mr. Zimmerle by saying that a replat is something that is totally pre-approved. Because of the remaining eight (8) acres, the subdivision cannot be considered as a replat. There has been nothing provided to the City to support a variance on a landlocked lot. Mr. Zimmerle again stated the lot has an easement and is a matter of record. The easements are private and the driveways are private. Ms. Few stated to the Planning Commission, as a representative of the City and the Engineering Department, she wanted to respectfully submit and request that until we receive the proper documentation that this item be tabled. She explained that staff doesn’t oppose the development, in concept, but we don’t have the documentation to support a recommendation of approval. Commissioner Sanders asked Mr. Zimmerle why the easements weren’t shown in order to see where Lot 5B would be accessible? Mr. Zimmerle showed where the existing roads and easement are shown on the map. He also stated that when he obtains the preliminary copies he would get them to staff. Commissioner Martin moved "TO TABLE THE PRELIMINARY AND FINAL PLAT OF MARBLE CANYON ESTATES UNTIL ALL MATERIALS FOR REVIEW ARE PROVIDED AS RECOMMENDED BY STAFF". Commissioner Sanders seconded the motion. Commissioners Martin and Sanders voted "AYE", Commissioner Dardin voted "NAY", passing the motion with a vote of 3-1-0.

D. CASE: S-00-0683(A). PETITIONER: Terry D. Messer, Kim R. Messer, Douglas R. Dodson, and Rebecca S. Dodson, owners, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of the final plat of ADOBE RIDGE SUBDIVISION, REPLAT A, for three (3) 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 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: ± 6.075 acres. LOCATION: Ocotillo Drive at Adobe Ridge. CURRENT LEGAL: Lots 1, 2, and 3, Adobe Ridge Subdivision. CURRENT ZONE: District "A (Single Family Dwelling).

Ms Few stated that Terry Messer, Kim Messer, Douglas Dodson, and Rebecca Dodson all own Lots 1 through 3, Adobe Ridge Subdivision, within the City of Alamogordo. Approval of the final plat of ADOBE RIDGE SUBDIVISION, REPLAT A, for 6.075 acres has been requested. Subject subdivision is for the dedication of rights-of-ways and easements on or adjacent to the three (3) lots. The properties, Adobe Ridge, are zoned "A" (Single Family Dwelling) District. 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. Dedication of the adjacent streets was a condition of approval of the annexation. This requirement included the fifty foot (50’) cul-de-sac "Adobe Ridge". The plat must be corrected prior to presentation to the City Commission to reflect dedication of "Adobe Ridge". The minimum building setback line on all lots and other sites is required to be shown on the plat. The setback lines must be shown 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 any additional building permits being 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 shown on the plat for dedication to the City of Alamogordo. A total of 11,456.28 square feet would be due the City for dedication. A variance to the public land dedication requirement has been requested on the application. Typically utility easements, an addition five feet (5') at the front property line, are provided when alleys are not required. No such easements are shown on the plat. These easements and a typical must be included on the plat. The installation of street improvements, in accordance with the "Technical Standards" is required. A variance has been requested by the developer regarding and road improvements. A Waiver of Protest Agreement has been drafted. The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required. No utilities are planned at this time. Staff recommends Approval of the final plat of ADOBE RIDGE SUBDIVISION, REPLAT A, with the requested variances (on alleys, on the installation of utilities , on the construction and installation of roads to City standards, on public land dedication, and on the drainage plan, with the required plat corrections and execution of contracts.

Ms. Few reported that the variance on the drainage plan is being recommended for this one because two of the lots are already built on, and there is only one lot remaining that will require a drainage plan. Mr. Zimmerle, R.L.S., Burke & Associates spoke again. He stated that this had been previously brought before the commission originally as an annexation in which the Messers requested annexation into the City of Alamogordo. Mr. Zimmerle believes that annexation is complete and this is the replat that the city requested to acquire right-of-ways on Ocotillo Lane, Ocotillo Drive and also Adobe ridge. What they are doing is providing right-of-ways thirty feet (30’) south of the section line for Ocotillo Drive. An easement of thirty feet (30’) for Ocotillo Lane and an additional twenty feet (20’) off of the east and north of Lot 1A. And also the north Lot 2A for drainage easement for the city of Alamogordo. Adobe Ridge is a private driveway and requests that it remain that way. It accesses the Carpenters that are going to be in the County and then the other lots: Lots 1A, 2A, and 3A have public access on Ocotillo Lane and Ocotillo Drive. Mr. Zimmerle requests that Adobe Ridge remain a private driveway and utility easement private and not be given to the City of Alamogordo because it is basically a driveway. Chairman O’Hara questioned that Adobe Ridge runs south and has a fifty foot (50’) road and utility easement and then down at Lot 3A, the easement doesn’t continue? Mr. Zimmerle clarified that the Carpenters have twenty-five feet (25’), which is more than enough for the driveway, and the existing driveway is twelve feet (12’). Chairman O’Hara wanted to be sure that nothing extends into Lot 3 for that easement Mr. Zimmerle assured that nothing did, going on to say that both are cornered into it. Commissioner Sanders made a motion "TO RECOMMEND APPROVAL OF CASE S-00-683(A) FOR THE FINAL PLAT OF ADOBE RIDGE SUBDIVISION WITHOUT THE DEDICATION OF ADOBE RIDGE". Commissioner Dardin seconded the motion. All voted "AYE", passing the motion with a vote of 4-0-0.

7. REPORTS.

A. City Planner.

(1) October Agenda - Ms Few stated that next month there will be a longer agenda including zonings, variances and subdivisions.

(2) 2001 Meeting and Deadline Schedule: Ms. Few asked if there were any requests for changes on the meeting and deadline schedule for 2001.

(3) Expiration of Terms - Ms Few stated that Chairman O’Hara and Commissioners Martin, Dardin and Jaramillo all have terms that expire the end of January, 2001. Commissioner O’Hara is the only one that is ineligible for reappointment. If the other commissioners are not interested in reappointment, please let Sharon know so that the City Commission and the Mayor can be informed at the next meeting.

(4) Ms. Few stated that the status on the salvage yard is that she still has no written report and that Mr. Pat Vandergriff is out of town this week.

(5) Ms Few commented to the Commission the new e-mail notification of the agenda.

B. CHAIRMAN - Chairman O"Hara wanted to say a special thanks to Fern Eckenberg for keeping up with everything and helping with the Planning and Zoning Commission meetings. Also welcoming Greg Garcia the new recording secretary. The Mayor was also recognized attending the meeting.

C. COMMISSION - None.

8. PERSONS TO BE HEARD - On behalf of the City Commission, Mayor Don Carroll wanted to congratulate the Planning and Zoning Commission and thank them for the time ,effort, and dedication put forth for the City of Alamogordo.

9. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Sanders made a motion "TO ADJOURN". Seconded by Commissioner Dardin. All voted "AYE", passing the motion by a vote of 4-0-0. The meeting adjourned at approximately 3:30 p.m.

Approved: ____________________

_____________________________

Michael M. O’Hara, Chairman

ATTEST:

_________________________________

J. Gregory Garcia, Recording Secretary

Approved at the Planning and Zoning Commission Regular Meeting of October 4, 2000.