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2000_DECEMBER 06 PZC REGULAR MEETING.MINUTES

PLANNING AND ZONING COMMISSION

REGULAR MEETING

December 6, 2000

MEMBERS PRESENT:

Mr. Michael M. O'Hara, 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.

Ms. Fern Eckenberg, Acting Recording Secretary

                OTHERS PRESENT:

Mr. Stephen L. Crawford; Mr. Al Martinez; Mr. John Robertson; Mr. David H. Winberg; and other unidentified persons.

1. CALL TO ORDER. Chairman O’Hara called the regularly scheduled December 6, 2000, meeting to order at approximately 1:30 p.m. Chairman O’Hara noted that a total of three (3) items were to be considered, one (1) under Public Hearing. Recommendations to the City Commission are to be made by the Planning and Zoning Commission for approval or denial of the requests. The City Commission will consider these requests at its meeting of December 26, 2000, to render final decisions.

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

3. MINUTES OF November 1ST REGULAR MEETING, AND December 3RD INSPECTION TOUR, 2000. Commissioner Dardin made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner Schwebke. All voted "AYE", approving the motion by a vote of 4-0-0.

4. PUBLIC HEARING.

A. CASE: V-00-0435(A). PETITIONER: David H. Winberg and Vicki L. Winberg, owners. REQUEST: Approval of a variance from Section 29-29-03-360, 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 storage building with a resulting off-street parking ratio of 2:1, rather than the off-street parking ratio of three square feet of parking for each square foot of building required by Code. TOTAL AREA: ±0.372 acre. LOCATION: 1100 Monroe Avenue. CURRENT LEGAL: Lots 1, 2 and 3, Block 19, College Addition. CURRENT ZONE: District "D-2" (Neighborhood Business).

Ms. Few reported that David H. Winberg and Vicki L. Winberg own Lots 1, 2 and 3, Block 19, College Addition. They plan to have a 5000 square foot storage building constructed on the property. The storage building will be for use with their businesses, Uptown Rental and the Party Connection. The property, 1100 Monroe Avenue, is zoned "D-2" (Neighborhood Business) District. The 1971 Master Plan designates this property to be developed as high density residential. 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 sf) for each square foot of area inside any such business building. The proposed 5000 square foot storage building will have an off-street parking ratio of 2:1. Therefore, a variance to the off-street parking standards has been requested. Although the proposed use will not generate or require significant off-street parking, the zoning of the property would allow the building to be used for many businesses that need large amounts of parking. Therefore, if the variance is approved, it should be with a condition that the building be used only for auxiliary storage for Uptown Rental and the Party Connection. 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 November 19, 2000, in the Alamogordo Daily News, and twenty-nine (29) notices were mailed to property owners within the 200 foot legal protest area on November 17, 2000. Staff recommends approval of the off-street parking variance for a ratio of 2:1 is supported with the condition that the building be used only as auxiliary storage for Uptown Rental and the Party Connection.

Mr. Winberg, owner of Uptown Rentals was available to speak for the petition. No questions were required for the item. Commissioner Schwebke made a motion "TO APPROVE THE REQUEST FOR THE VARIANCE WITH THE STIPULATION THAT THE AUXILIARY STORAGE BUILDING ONLY BE USED FOR UPTOWN RENTALS AND THE PARTY CONNECTION." Commissioner Dardin seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

B. CLOSE PUBLIC HEARING. Chairman O’Hara declared the public hearing closed.

5. SUBDIVISIONS.

A. CASE: S-00-0692(A). PETITIONER: Otero Village Limited Partnership, owner, by Stephen L. Crawford, P.E., agent. REQUEST: Approval of the final plat of EASTRIDGE UNIT 2, REPLAT B, SUBDIVISION, for one (1) lot and the dedication of ten feet (10') of alley right-of-way; with a variance on the dedication of public land; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ± 2.3706 acres. LOCATION: 2553 E. First Street. CURRENT LEGAL: Lot 2A, Eastridge Unit 2, Replat A. CURRENT ZONE: District "D" (Business).

Ms. Few reported that Otero Village Limited Partnership owns Lot 2A, Eastridge Subdivision, Unit 2, Replat A, within the City of Alamogordo. Approval of the final plat of EASTRIDGE SUBDIVISION, UNIT 2, REPLAT B, for 2.3706 acres has been requested. Subject subdivision is for the dedication of an additional ten feet (10') of width onto the north/south alley, which is located on the west side of the property, and will result in a full dedication twenty feet (20') wide. The property, 2553 E. First Street, is zoned "D" (Business) District. The 1971 Master Plan designates this property to be developed as business. The final plat shall be drawn in ink on tracing cloth or on other stable base material on sheets twenty-four (24) inches by thirty-six (36) inches and shall be at a scale of one hundred (100) feet to one (1) inch or larger. The plat must be corrected prior to consideration of the subdivision by the City Commission. The final plat shall show the following: (1) Primary control points approved by the city engineer, or descriptions and "ties" to such control points, to which all dimensions, angles, bearings, and similar data on the plat shall be referred. These elements must be shown. (2) Tract boundary lines, right-of-way lines of streets, easements and other right-of-way, and property lines of residential lots and other sites, with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves. The new alley dedication on the west edge of the property must be shown outside of the lot line. (3) Name and right-of-way width of each street or other right-of-way on or adjacent to the tract. These dimensions must be shown for all adjacent rights-of-way. (4) Location, dimensions and purpose of any easements. (5) Number to identify each lot and block or tract. The new lot number should be Lot "2B". (6) Lots to be used for multiple dwellings shall be so designated. (7) Purpose for which sites, other than residential lots, are dedicated or reserved. (8) Minimum building setback line on all lots and other sites. The front setback (25 feet) for residential use must be noted. (9) Location and description of monuments. If applicable, these must be shown. (10) Names of record owners of adjoining unplatted land. This applies to properties south of First Street. (11) Reference to recorded subdivision plats of adjoining platted land by record name, date and number. Individual lot lines should be shown for these subdivisions. (12) Certification by a registered licensed surveyor certifying to the accuracy of the survey and plat. (13) Certification of title showing that applicant is the landowner. (14) Statement by owner dedicating streets, rights-of-way and any sites for public uses. Sample dedication block provided under separate cover. (15) Scale, north arrow and date of survey. (16) Approved subdivision name. The correct name for this subdivision would be "Eastridge Subdivision, Unit 2, Replat B". (17) Assigned address of each lot. Addresses for each lot have been provided to the consulting engineer under separate cover and are required on the plat prior to filing. (18) Acreage or square footage for each lot. The plat must be corrected to show all the required elements 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 4,362.5 square feet would be due the City for dedication. A variance to the public land dedication requirement, though not requested on the application, is required and supported by staff. The signature blocks for the Planning and Zoning commission, City Commission, and Otero County Clerk must be amended. A sample signature blocks have been provided under separate cover. Staff recommends approval of the final plat of EASTRIDGE SUBDIVISION, UNIT 2, REPLAT B, with the required variance on public land dedication, and with the necessary plat corrections is supported by staff.

Mr. Stephen L. Crawford, agent for the Otero Village project, was available to speak for the petition. Mr. Crawford stated that the exhibits he provided explain the proposed project. He explained that currently the project on the North side of First Street has a twenty foot (20’) alley to the East and to the North and there is a ten foot (10’) strip of alley that was created by a replat of the lands West of this site. As part of the site development for this apartment complex, it was determined to have a circulation route that would the alley to be an exit for refuse vehicles, and second, an emergency type access to the property. At that time it was thought that it would be better to give the other half of the alley and make it a full twenty feet (20’) which would make it more consistent with the surround alleys. Mr. Crawford also stated that the existing ten-foot (10’) alley on the West side has a flare which he wasn’t aware of and now would like to amend the application to include a flare on the other side to allow vehicles to make the turns in the future. Ms. Few stated that this amendment would be perfectly fine with staff. Mr. Crawford, mentioning the paving of the alley, stated that the gravel that is there now will be paved and improved to help in dedicating the alley. Also, the paving and improving on the alley was considered in the original plans through Code Enforcement because the paving was needed regardless of the size of the alley. Chairman O’Hara stated for the record that Commissioner Sanders was now in attendance, arriving at approximately 1:38 PM. Commissioner Dardin made a motion "TO APPROVE CASE: S-00-0692(A) WITH THE REQUIRED VARIANCE AS NOTED BY STAFF AND THE ADDITION OF THE FLARE AMENDMENT." Commissioner Schwebke seconded the motion. All voted "AYE", passing the motion by a vote of 5-0-0.

B. CASE: S-00-0693(A). PETITIONER: John H. Robertson, owner, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of the final plat of CARL SUBDIVISION, BLOCKS 5 AND 6, REPLAT A, for four (4) lots; with the vacation and abandonment of alleys adjacent to and abutting the properties; 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, the width of Lot 7A, and from Section 22-01-140(b)(1) relating to drainage plans; with utilities and public access; located within the City of Alamogordo. TOTAL AREA: ± 1.405 acres. LOCATION: W. Tenth Street between McLean and Lawndale Avenues. CURRENT LEGAL: Lots 1, 2, 7 and 8 Block 5 and Lots 4, 5, 6, and 7 Block 6, Carl Subdivision. CURRENT ZONE: District "F" (Industrial).

Ms. Few reported that John H. Robertson owns Lots 1, 2, 7 and 8, Block 5, and Lots 4, 5, 6, and 7, Block 6 of Carl Subdivision. A subdivision plat to vacate parts of alleys, dedicate right-of-way for West Tenth Street, and consolidate the property into four (4) lots has been submitted for consideration. The property is zoned "F" (Industrial) District. The 1971 Master Plan designates this property to be developed as industrial. Through alleys, having a width of twenty feet (20'), are required in each block. The subdivision will vacate part of several alleys, which contain no utilities. The alleys are either twelve feet (12') or sixteen feet (16') in width, which is not adequate for use; however, approval of the plat as proposed will "dead-end" two (2) alleys. Variances to this requirement have been approved by the Alamogordo City Commission for other subdivisions in the area. If approved, it is recommended that the City initiate action to vacate and abandon the balance of the alleys, in favor of the adjacent property owners. 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. It is recommended that the requirement for a drainage report be deferred until application is received for a building permit. 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 3,060 square feet would be due the City for dedication: A variance to the public land dedication requirement is requested on the application and seems 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, in accordance with the "Technical Standards" is required. A variance has been requested by the developer regarding improvements on McLean and Lawndale Avenues. 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 variance has been requested by the developer for installation of utility lines as there are no lines in the area for connection. A Waiver of Protest Agreement has been drafted. Lot widths shall conform the requirements of the zoning regulations. Lot 7A of Block 5 will only be 57.88 feet wide rather than the sixty feet (60') required. A variance has been requested and is supported, as the lot area will exceed the minimum requirements. An "Attest" for the recording secretary of the Planning and Zoning Commission is needed on the plat. This plat correction is required prior to the plat being released for filing. Staff recommends approval of the final plat of CARL SUBDIVISION, BLOCKS 5 AND 6, REPLAT A, with the vacation and abandonment of alleys adjacent to and abutting the properties; 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, the width of Lot 7A, and from Section 22-01-140(b)(1) relating to drainage plans; with the execution of a Waiver of Protest Agreement; and with minor plat corrections is supported.

Mr. John H. Robertson was available to speak for the petition. Mr. Robertson stated that he is currently in dispute with the City of Alamogordo over the agreements in negotiations. He stated that the City of Alamogordo did not install water services as previously discussed. Also the assessments for the twenty-one (21) lots owned, were to be divided by Tenth Street. The property lines were to be taken out of each lot which would make two (2) big lots out of each City block on the side of Tenth Street. Because no sewage was to be installed, there was a problem with septic tanks being installed on the lots. Therefore, not all the lots could be divided, because then there would not be the three-quarter (3/4) acre per lot necessary to install the septic system. Mr. Robertson stated that he talked to the City Engineer and explained the problem. The solution was to leave the lines (here) and only take out (this one) to do the replat. Afterward, the twenty-one (21) lots were not exempt from assessments as was previously agreed upon. According to Mr. Robertson, the agreement was that West Tenth Street property was not assessment property. Now, Mr. Robertson stated, the lots are being considered assessment property by the City of Alamogordo. He went on to say that the sewer was supposed to be put in to the property and has not been put in and now the street is paved over and cannot be cut to install the sewer line. Mr. Robertson stated that the City Attorney has changed the contracts. He stated that Ms. Ehler would not sign the original contracts, and because no one else was available to sign the contract, she initialed the contract in the upper corner. When the original contract came back, Mr. Robertson’s signature was not notarized. He stated that the original contract was filed with the County Courthouse and his attorney has notified him that the contract in not even a legal document now. Chairman O’Hara informed Mr. Robertson that the objective of the Planning and Zoning Commission is to make recommendations to the City Commission. It is up to the City Commission to pass or deny the petition. Therefore, as good a case as Mr. Robertson may have, the Planning and Zoning Commission needed to move on the variance petition. Commissioner Sanders asked Mr. Robertson if the conflicts being dealt with on the remainder of his land, would cause more confusion over the other lots. Mr. Robertson stated that eventually it would, because of the street assessments. However the decision of the Commission will not complicate matters. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF CASE: S-00-0693(A) WITH STAFF RECOMMENDATIONS". Commissioner Sanders seconded the motion. All voted "AYE", passing the motion by a vote of 5-0-0.

6. REPORTS.

A. City Planner.

(1) January Agenda - Ms. Few reported that there will be six (6) to seven (7) items on the January agenda, including our annual open meetings resolution.

(2) Annual Report - The annual report will also be on the agenda and no special requests were made to be in the report, so it will be the standard information. If anyone has anything to be added, be sure to let Ms. Few know.

(3) Vacancies and Appointments: - Ms. Few reported that Paula Dardin and Press Martin were up for reappointment and were reappointed by the Mayor, and they both accepted their reappointment. Also, Robert Jaramillo will be returning as the representative from Holloman AFB. Ms. Few also stated that Elections will be scheduled for February on the assumption that full membership will be appointed by that time.

(4) Other- Ms. Few wished the Planning and Zoning Commission a happy New Year, a wonderful and safe Christmas and also thanked everyone for the support she received throughout the past year. The question arose about participating in Planning and Zoning meetings via telephone conference if someone wasn’t available for the date of the meeting. Ms. Few stated that it would be perfectly legal and possible to participate over the telephone. Also Commissioner Schwebke asked if anything on an agenda may be changed during a Commission meeting. Ms. Few answered that once the agenda is set, items may only be taken off the agenda as necessary, however, nothing may be added within twenty-four (24) hours of the meeting.

B. CHAIRMAN – Chairman O’Hara wanted to thank all of the Planning and Zoning Commission members, present and past for the help during the past four years. He also noted that January would be the last time he will be serving as Chairman.

C. COMMISSION – None.

8. PERSONS TO BE HEARD - None.

9. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Dardin made a motion "TO ADJOURN". Seconded by Commissioner Martin. All voted "AYE", passing the motion by a vote of 5-0-0. The meeting adjourned at approximately 2:10 p.m.

 

Approved: January 03, 2001

/s/ Michael M. O'Hara

Michael M. O'Hara, Chairman

ATTEST:

/s/ J. Gregory Garcia

J. Gregory Garcia, Recording Secretary