April 3, 2002 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

April 3, 2002

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman.

Ms. Paula J. Dardin, First Vice-Chairman.

Mr. Preciliano J. Martín, CO Second Vice-Chairman.

Mr. Jack M. Glahn, CO Second Vice-Chairman.

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

MEMBERS ABSENT:

None.

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. J. Gregory Garcia, Recording Secretary.

OTHERS PRESENT:

Mr. George P. Light, RLS; Mr. Klad Zimmerle, RLS, agent; Mr. Tommy Messer; Mr. Gary L. Lane; Mr. Mark Bolin; Mr. Paul J. Pompeo; and other unidentified persons.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled April 3, 2002, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of four (4) items were to be considered, none 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 either April 9th or April 23rd, 2002, to render final decisions.

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

3. MINUTES OF MARCH 6TH REGULAR MEETING, AND MARCH 18TH SPECIAL MEETING, AND MARCH 26TH INSPECTION TOUR, 2002. Commissioner Glahn made a motion "TO APPROVE THE MINUTES, AS WRITTEN AND THE INSPECTION TOUR". Seconded by Commissioner Dardin. All voted "AYE", approving the motion by a vote of 4-0-0.

4. SUBDIVISIONS.

A. CASE: S-02-0731(A) - Continued from March 6, 2002. PETITIONER: Sedona Development, Inc., owner, by Gary L. Lane, Secretary-Treasurer, agent. REQUEST: Approval of the preliminary plat of SEDONA RIDGE ESTATES SUBDIVISION - MASTER PLAN, for forty-eight (48) lots; with variances on the construction and installation of alleys, on the construction and installation of South Florida Avenue, on the development of double frontage lots, on the length of a block, and on the dedication of public land, and; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±21.44 acres. LOCATION: Oakmont Drive (extended east) at South Florida Avenue (extended south). CURRENT LEGAL: A tract of land located in the North half of Section 6, T17S, R10E, N.M.P.M. of the U.S.G.L.O. surveys, Otero County, New Mexico, and being more particularly described as follows: Beginning at a set one half inch iron rod and Cap 8081 for the Southwest corner of this tract also being the center quarter corner of said Section 6, whence a found three-quarter inch iron pipe for the East quarter corner of said Section 6 bears South 89 degrees 47 minutes 11 seconds East a distance of 2655.39 feet and a found chiseled stone for the South quarter corner bears South 00 degrees 08 minutes 20 seconds East a distance of 2635.77 feet; Thence North 00 degrees 08 minutes 20 seconds West a distance of 998.31 feet to the beginning of a curve marked by a found one half inch iron rod and Cap 8334; Thence along a curve to the right that has a radius of 325.00 feet, a curve length of 33.79 feet, a central angle of 5 degrees 57 minutes 25 seconds, a chord of North 53 degrees 51 minutes 20 seconds East a distance of 33.77 feet to a point of reverse curvature marked by a found one half inch iron rod and Cap 8334; Thence along a curve to the left that has a radius of 239.08 feet, a curve length of 60.69 feet, a central angle of 14 degrees 32 minutes 40 seconds, a chord of North 49 degrees 24 minutes 29 seconds East a distance of 60.53 feet to the end of this curve marked by a set one half inch iron rod and Cap 8081; Thence North 47 degrees 51 minutes 52 seconds West a distance of 50.00 feet to an angle point of this tract marked by a set one half inch iron rod and Cap 8081; Thence North 32 degrees 58 minutes 15 seconds West a distance 197.72 feet to an angle point of this tract marked by a found one half inch iron rod and Cap 8334; Thence North 29 degrees 56 minutes 07 seconds East a distance of 141.22 feet to an angle point of this tract marked by a set one half inch iron rod and Cap 8081; Thence South 00 degrees 08 minutes 51 seconds East a distance of 58.98 feet to an angle point of this tract marked by a set one half inch iron rod and Cap 8081; Thence South 89 degrees 47 minutes 16 seconds East a distance of 647.77 feet to the Northeast corner of this tract marked by a set one half inch iron rod and Cap 8081; Thence along a curve to the left that has a radius of 750.00 feet, a curve length of 189.17 feet, a central angle of 14 degrees 27 minutes 06 seconds, a chord of South 09 degrees 39 minutes 10 seconds East a distance of 188.67 feet to a point of reverse curvature marked by a found one half inch iron rod and Cap 8334; Thence along a curve to the right that has a radius of 850.00 feet, a curve length of 248.41 feet, a central angle of 16 degrees 44 minutes 40 seconds, a chord of South 08 degrees 30 minutes 23 seconds East a distance of 247.53 feet to the end of this curve marked by a set one half inch iron rod and Cap 8081; Thence South 00 degrees 08 minutes 03 seconds East a distance of 889.901 feet to the Southeast corner of this tract marked by a set one half inch iron rod and Cap 8081; Thence North 89 degrees 47 minutes 11 seconds West a distance of 714.87 feet to the point of beginning. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that Sedona Development, Inc. owns approximately 21 acres in Section 6, T17S, R10E, NMPM. Approval of the preliminary plat of the subdivision master plan to divide the property into forty-nine (49) lots within the City of Alamogordo has been requested. This item was continued from the March 6th Planning and Zoning Commission meeting to allow time for the numerous plat deficiencies and development issues to be fully addressed. COMMENTS ARE ON THE PLAT STAMPED "RECEIVED MARCH 15, 2002". The property is zoned "A" (Single Family Dwelling) District. The 1971 Master Plan designates this property to be developed as low density residential. The preliminary plat includes signature blocks for final plat approval. The signature blocks for the Alamogordo Planning and Zoning Commission, City Commission, and Otero County Clerk are not appropriate and must be removed from the preliminary plat. No ties are shown on the preliminary plat to the quarter corner of Section 6 (bearing and distance). The plat must be amended to show the bearings and distances to the quarter corner and the point of beginning. The point of beginning (POB) of the subdivision must be noted. The plat must be corrected to show and label the POB of the subdivision. The metes and bounds description of the property on the preliminary plans appears to contain discrepancies from the plat. The legal description of the property has been corrected to include the full right of way for S. Florida Avenue. The drainage easement on the east side of Florida Avenue must either be included in the property description or a separate document provided (to be filed with the Otero County Clerk) dedicating the easement. The drainage easement must be labeled and the illegible bearing (on the east side of Florida Avenue) corrected. Several typographical errors still exist on the plat (spelling, degree symbols, etc.) that must be corrected prior to the plat being released for filing. Data was not provided for referenced curves (C) and bearings (L). The complete tables for both curves and bearing have been provided on the plat. The name of the subdivision must be the same on all documents. The plat and accompanying exhibits have been corrected to show the correct subdivision name. The plat dedication includes several incorrect references to "Cottonwood Heights Unit 4 Replat C". These references have been eliminated from the plat. The "General Notes" on the plat have been amended regarding setbacks. Streets on and adjacent to the tract are required on the plat, together with the right-of-way widths, names, etc. The preliminary plat has been corrected to provide the required information on all streets. Utilities on and adjacent to the tract are required on the plat, together with the location, size and invert elevation of sanitary, storm and combined sewers, location and size of water mains, location of gas lines, fire hydrants, electric and telephone poles, and street lights. The preliminary plat has been corrected to show the required utility information. Other conditions on the tract, to include water course, rock out-crop, etc. are required on the plat. The plat topographic representation provided is sufficient. Zoning on and adjacent to the tract is required to be on the plat. The preliminary plat has been corrected to provide the information. Profiles showing existing ground surface and proposed street grades, including extension beyond the limits of the subdivision, typical cross sections of the proposed grading roadway and sidewalk, and preliminary plan of proposed sanitary and storm water sewers, sewers with grades and sizes indicated are required to accompany the preliminary plat. No profiles were provided with the Master Plan of Sedona Ridge Estates Subdivision. Comment for the plans and profiles for Phase 1 were provided separately. Minimum building setback lines (front and street side yard) are required to be shown on the plat. The correct setbacks have been shown on the plat. The arrangement of streets shall conform to the master plan. Florida Avenue is a recognized arterial and requires an eighty-foot (80') right-of-way. The full width of the street has been shown on the plat. Dedication of the eighty-feet (80') of right-of-way for Florida Avenue, from the southern boundary of Sedona Ridge Estates Subdivision to the northern boundary of the subdivision, plus a thirty foot (30’) wide dedication from the northern boundary of the subdivision to the southern boundary of Desert Hills East Subdivision will be required at the time that Phase 1 of the subdivision is filed. The developer under one of the following development options may complete construction of Florida Avenue, from Desert Hills East Subdivision to the southern boundary of Sedona Ridge Estates Subdivision: a. Construct the complete road length with twenty-four feet (24') of hot mix, curb and gutter, and five-foot (5') sidewalks on the west side of the right-of-way, with the final plat approval of Phase 1; b. Establish an escrow account in favor of the City of Alamogordo, to be updated with each phase of development, for the construction (full width and length with hot mix, curb and gutter, and five foot (5') sidewalks) at the calculated five year future value; or c. Fully construct the complete road length to its full width, with hot mix, curb and gutter, and five-foot (5') sidewalks on both sides upon approval of the last development phase for Sedona Ridge Estates. As usual, the City of Alamogordo will assume responsibility for maintenance of any and all rights-of-way after acceptance of the constructed improvements. The north/south drainage easement abutting the east boundary of Florida Avenue and the east/west easement at the south boundary of the subdivision must be constructed with the development of Phase 1, Sedona Ridge Estates Subdivision. No street names shall be used which will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the planning commission. Most street names have been corrected on the plat. The eighty-foot right-of-way on the east side of the subdivision must be re-labeled "S. Florida Avenue". The cul-de-sac "Desert Breeze Court" must be relabeled so that the centerline bearings and distances of the cul-de-sac are legible. Through alleys having a width of at least twenty feet (20') are required. A variance to the requirement for alleys has been requested and the City on recent subdivisions has approved similar variances. No opposition from staff to a variance on alleys has been noted. Easements required for utilities must be shown on the plat. The plat must be corrected to show all easements (front, side, drainage, etc.) and have them labeled for purpose and size. Especially the drainage easement on the east side of Florida Avenue. Blocks shall not exceed one thousand eight hundred feet (1800') or be less than four hundred feet (400') in length. Dedication of a fifty-foot (50’) wide street south from Birdie Loop is required. It is suggested that the current twenty-five foot (25') "drainage easement" be expanded to proved the required street dedication. The plat must be corrected to include this street right-of-way. Double frontage lots should be avoided except where essential to overcome specific disadvantages of orientation. A variance from the prohibition of double frontage lots was requested. As access onto Florida Avenue from driveways is not allowed, approval of the variance is supported for "Tract A" at the northwest corner of Oakmont Drive and Florida Avenue, Lots 24 through 30 and Lots 44 through 48. Disclosure of the restriction on rear lot access to/from Florida Avenue to the specified lots is required. The plat must be amended to include the restriction in the "general notes", as a notation on the drawing, and in deed restrictions required to be issued on those lots (including Tract A). 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 0.80 acre will be due the City for dedication. A variance to the public land dedication requirement has been requested on the application. It is recommended that a variance not be granted. It is recommended that the additional right-of-way width, twenty feet (20’), for Florida Avenue adjacent to the subdivision (0.5 acre) be accepted as partial fulfillment of the required public land dedication. In the opinion of the Engineering Department, retaining walls will be required on the south property line, between the subdivision and BLM. Construction should be done by the subdivision developer rather than by individual homebuilders. The "General Notes" must be amended to include the statement that both the north/south drainage channel and the east/west drainage channel are to be constructed by the developer during the development of Phase 1. All water and sewer lines, service line connections, and fire hydrants need to comply with the City's Technical Standards. City standards require that fire hydrants be place approximately four hundred feet (400') apart. The sanitary sewer should be stubbed to east (e.g. between Lots 11 and 12 or Lots 12 and 13 to Florida Avenue) and an easement dedicated. The plat has been corrected to show this easement, as noted on item #20. The preliminary plans must be amended to show proposed development phasing and that it is referenced uniformly on all accessory documents. The plat must be amended to show the phasing. No sign-off sheet was provided to indicate that the proposed utility locations, easement widths, etc. are satisfactory to the various utility companies that provide service within the City of Alamogordo. A signed utility review sheet of the master plan is required to be provided for the City of Alamogordo owned and franchised utility companies. When alleys are not provided within subdivision, utility easements are to be provided at the front of a lot, adjacent to the public right-of-way to assure that there is sufficient room for all of the utility companies to serve the subdivision. Five-foot (5') utility easements adjacent to the right-of-way at the front lot line are shown on the plat. A "typical" of this easement must be included on the plat. The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance. An Avigation Easement limiting vertical development was executed with the variance. A drainage report is required. The proposed lot layout requires the rerouting of existing arroyos. Rerouting the flow affects sediment transport, time of concentration and other characteristics of the drainage basin. In almost all cases, it is best to keep storm water flowing along its historical path. The final affects of the rerouting cannot be precisely calculated. While not a reason to deny the applicants’ request, it should be noted that adverse results might be caused by the rerouting and that modifications may be required later on to address problems caused by the proposed diversion. A revised master drainage plan is required. The developer requested ornamental streetlights within the subdivision. The City of Alamogordo will not allow ornamental lights and all lighting must comply with the City's Lighting Ordinance. It is required that the lots within the subdivision be continuously numbered from 1 though 49 and that reference to block numbers be eliminated. The plat and all supporting documents have been amended to reflect the correct new numbering. The correction/revision date must be shown on all plans. The plats correct revision date needs to be on the plat. Provided under separate cover, additional technical/engineering comments covered, but were not limited to, the following items:

  • Concern about potential erosion in the earthen channel along S. Florida Avenue. Addressed.
  • Requirement for a twenty foot (20') drainage easement along S. Florida Avenue.
  • Erosion concerns of existing arroyos entering the channel along S. Florida Avenue.
  • No inlets are provided to receive the flows.
  • Drainage report indicated six-foot (6') drainage channel but the plan shows eight-foot (8'). Width standardization is needed.
  • Note 13 benchmark incorrect. Addressed.
  • Manholes shown in the grading drawing. Addressed.
  • General Notes 14 and 15 refer to incorrect sheet numbers. Addressed.
  • Drainage channel is shown within the S. Florida Avenue right-of-way. Addressed.
  • No limits of cut shown along S. Florida Avenue right-of-way. Addressed.
  • Standardize drainage channel along S. Florida Avenue right-of-way. Addressed.
  • Note 2 on the utility plan is incorrect. Addressed.
  • Specify standard utility location tape for water and sewer (non-metallic). Addressed.
  • Show the appropriate tracer tape colors on the trench detail. Addressed.
  • Show water valves at fire hydrants on the utility plan. Addressed.
  • Extend waterline in Birdie Loop to the proposed cul-de-sac in Phase 2. Addressed.
  • Extend the sewer line under South Florida Avenue to the east edge of the right-of-way. Addressed.
  • Use City of Alamogordo standard water service connection detail. Addressed.
  • CMU wall along south edge of subdivision should be grout filled. Addressed.
  • Rolled curb will be allowed within the subdivision.

Staff Recommends approval of the preliminary plat of SEDONA RIDGE ESTATES SUBDIVISION, MASTER PLAN with the required plat and report corrections/amendments noted by staff, with variances only on the construction and installation of alleys and on the development of double frontage lots, with the determination of a development schedule for the construction and installation of South Florida Avenue, and the acceptance of 0.5 acre of right-of-way for public land dedication. Ms Few also recommended that the case be considered by the City Commission on the meeting of April 23, 2002.

Chairman Sanders asked if the items of concern would fall under both cases for the subdivision so that the Commission may vote on them together. Ms Few stated that some of them could, but some could not. The right-of-way dedication, drainage easement (East, West), block length, public land dedication and method of road construction for Florida Avenue are consistent for both the preliminary and the final plat Phase 1. But, there are some individual items that were corrected on one set of plans and were not caught on the other. Ms. Few stated that she could meet with the Engineer after the meeting to address those items. The Planning Commission discussed hearing both of the cases for Sedona Ridge Subdivision and decided to vote on them together.

Mr. Paul J. Pompeo of Southwest Engineering was available to speak for the petition. Mr. Pompeo stated that he would like to go through some of the comments as far as the response to Engineering Staff’s comments. Starting with the master plan, the thirty-foot dedication on the adjacent property is not an issue because they can do a meets and bounds description for the filing of that area. The other points of minor plat corrections, they did not have any issues with the majority of those items. The three items that they are still in disagreement about concern the development of South Florida Avenue and that schedule and also the block length issue as far as providing an additional fifty-foot (50’) street to the South side of the subdivision. Mr. Pompeo stated that as it stands right now, they believe the subdivision layout is that of a good one. As far as the block length issue, they feel that stubbing out into the street to the South is bad because it is a drainage prone area to start with and in the grand scheme of things, they don’t feel that it’s needed. In regard to the improvements to Florida, at this time, the developers feel that the subdivision gains no benefit from that section of Florida Avenue and they do not want to do any type of improvement to South Florida Avenue other that grading and shaping of the right-of-way for future road way construction. Mr. Pompeo stated that other than what he’s addressed, they have come to an agreement on all the other issues.

Ms. Few stated that on Florida Avenue, the thirty-foot (30’) dedication needs to be submitted with a meets and bounds description. Mr. Pompeo stated that he’s talked to the developers and will submit the dedication to the City of Alamogordo. Ms. Few stated that the City of Alamogordo does not want any grading or shaping at this time on South Florida Avenue. She also stated that as noted, staff offered three different suggestions for development and all are tied to the last phase of Sedona Ridge Estates where they would tie with the intersection of Oakmont. All staff was asking for is the agreement as to which way the developers want to do it.

Mr. Pompeo stated that they would like to propose through staff to the City Commission, a fourth or fifth option as far as the development of South Florida Avenue—even if it may be to request that no development be done. Ms. Few stated that the developers may turn in anything they wish, however, there must be sufficient time for staff to review it before it goes to the City Commission. Mr. Pompeo stated that the only other issues that stand is the concern with the block length and the fifty-foot (50’) road stub out to the South side of the subdivision. He stated that by looking at the master plan, if they would have to create the fifty-foot 50’ right-of-way, it would call for the re-allocation of the lots on that side of the project. Nevertheless, they still don’t feel that the road is necessary and they would like to keep the layout the way it is. There are other streets that intersect and there will be two ways in or out of this development. Therefore, the developers, he stated, don’t feel that this road is necessary and would like to go forward with the proposed plat as it was submitted to the Commission.

Commissioner Martin asked if there was not a problem with the dedication of the right-of-way. Mr. Pompeo answered that that was correct. The way the plat was submitted this time, the entire width of the right-of-way is proposed for dedication along with an additional twenty-foot (20’) drainage easement. Commissioner Martin asked if the only thing left there is the level of construction of lack of, as it relates to South Florida. Mr. Pompeo stated that in their view, that is exactly correct. Mr. Pompeo stated that it is reasonable to expect that once the third phase of this subdivision is built and Oakmont is tied into South Florida, obviously from that intersection North, there will need to be some type of road construction completed to have proper access to this development. But, the issues of the other portion of South Florida to the South of that intersection is still a question.

Commissioner Martin asked if the question was on strictly the construction part of it. Mr. Pompeo answered that was correct. Commissioner Martin asked if there is still a question on the South side, as to the dedication of the right-of-way for that street there. Ms. Few answered yes. Commissioner Martin asked if the developer is proposing to "pitch it" and not install the right-of-way and street as it relates tied to the subdivision. Mr. Pompeo stated that they are proposing a 25’ drainage easement to allow drainage out of the subdivision at that location. However, what staff was requesting is an additional 25’ to bring it up to fifty feet (50’) and also to convert it into a street right-of-way, and they simply do not want to have that access point into the subdivision from that direction. They don’t feel it’s necessary because of the two arterial streets—those being Scenic Drive and South Florida Avenue, because if and when the property to the South is ever developed into residential housing, they will need to be sure and provide plenty of access into that development.

Commissioner Martin asked Ms. Few if it isn’t the normal procedure to require one developer to provide half of an easement area, and the next developer provide the other half—such as on the South side of this development. Ms. Few answered that the other development has already occurred. She noted that staff has been asking since January for the lots to be moved over and the right-of-way to be put through.

Commissioner Dardin stated that she did not understand why it would be a requirement if Oakmont is so close. Ms. Few stated that because the block length on that side exceeds the requirement of the City of Alamogordo. Under the opinion of the City’s director of Public Works and the entire Engineering Department, which together formulate the traffic plans for the City of Alamogordo, feel that this street is necessary for future development and residents of that area. Commissioner Martin asked if the recommendation from staff is as written on the packet information. Ms. Few answered yes, that the fifty-foot (50’) road there be required. Mr. Pompeo, speaking for the developers, stated that they would like to move to the approval of the subdivision. He stated that obviously it would have conditions on the approval that would need to be worked out, but they would like the condition of the fifty-foot (50’) right-of-way removed from the approval. He went on to say that they have known about the recommendation of staff since January, however the developers have chosen not to include the road and would like to have the case moved to the appropriate voting body to decide whether or not the road must be included because obviously the developers and the City do not agree.

Commissioner Glahn asked if the reason that the block length requirement is an issue is because safety issues or police situations. Ms. Few stated that some of the reasons for the requirement are safety issues, traffic circulation, utility looping, etc. Ms. Few also stated that if very subdivider in town had their way, there would be one entrance and one exit from their subdivision and nobody would be able to get anywhere from anyplace except by using the major corridors. There are numerous other subdivisions in this community that have been approved with the understanding and the master plan review that there will be connections provided through and they have followed the ordinance regulations over the years for block length.

Mr. Pompeo wanted to also add that he understands the block length is written into City ordinances for a reason. However, in this particular case, there is adequate evidence to show that they could get a variance on the fifty-foot (50’) road. Because of the proximity of the two major arterial roads, and the development of the property to the South, there will be a major tie-in to South Florida Avenue and to Scenic Drive. He also stated that they have met with the fire department and have addressed the safety issues as far as placement of fire hydrants and vehicle turn-around areas. In regard to traffic circulation, he stated, if there weren’t these two arterial roads close by, he could see the requirement for the extra road. However, the developers feel that the addition of the street will have little or no impact on future traffic circulation.

Commissioner Martin made a motion "TO RECOMMEND APPROVAL OF THE PRELIMINARY AND FINAL PLAT OF CASE S-02-0731(A) AND CASE S-02-0732(A) WITH STAFF RECOMMENDATIONS AS WRITTEN." Commissioner Glahn seconded the motion.

Commissioners Martin and Glahn and Chairman Sanders voted "AYE." Commissioner Dardin opposed the motion. The motion passed by a vote of 3-1-0.

B. CASE: S-02-0732(A) - Continued from March 6, 2002. PETITIONER: Sedona Development, Inc., owner, by Gary L. Lane, Secretary-Treasurer, agent. REQUEST: Approval of the final plat of SEDONA RIDGE ESTATES SUBDIVISION, PHASE 1, for seventeen (17) lots; with variances on the construction and installation of alleys, on the construction and installation of South Florida Avenue, on the development of double frontage lots, on the length of a block, and on the dedication of public land, and; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±8.45 acres. LOCATION: Birdie Loop (extended east). CURRENT LEGAL: Land located in the North one half of Section 6, T17S, R10E, N.M.P.M. of the U.S.G.L.O. surveys, Otero County, New Mexico, and being more particularly described as follows: Beginning at a set one half inch iron rod and Cap 8081 for the Southwest corner of this tract also being the center quarter corner of said Section 6, whence a found three-quarter inch iron pipe, for the East quarter corner of said Section 6 bears South 89 degrees 47 minutes 11 seconds East a distance of 2655.39 feet and a found chiseled stone for the South quarter corner bears South 00 degrees 08 minutes 20 seconds East a distance of 2635.77 feet; Thence North 00 degrees 08 minutes 20 seconds West a distance of 290.01 feet to an angle point of this tract marked by a set one half inch iron rod and Cap 8081; Thence South 89 degrees 47 minutes 11 seconds East a distance of 255.74 feet to an angle point of this tract marked by a set one half inch iron rod and Cap 8081; Thence North 33 degrees 42 minutes 55 seconds East a distance of 128.51 feet to an angle point of this tract marked by a set one half inch iron rod and Cap 8081; Thence North 55 degrees 34 minutes 55 seconds East a distance of 100.00 feet to an angle point of this tract marked by a found one half inch iron rod and Cap 8334; Thence North 34 degrees 25 minutes 05 seconds West a distance of 29.48 feet to an angle point of this tract marked by a set one half inch iron rod and Cap 8081; Thence North 55 degrees 34 minutes 55 seconds East a distance of 292.33 feet to the Northeast corner of this tract marked by a set one half inch iron rod and Cap 8081; Thence North 00 degrees 08 minutes 03 seconds West a distance of 245.02 feet to the beginning of a curve marked by a set one half inch iron rod and Cap 8081; Thence along a curve to the left that has a radius of 770.00 feet, a curve length of 225.03 feet, a central angle of 16 degrees 44 minutes 40 seconds, a chord of North 08 degrees 30 minutes 23 seconds West a distance of 224.23 feet to a point of reverse curvature marked by a set one half inch iron rod and Cap; Thence along a curve to the right that has a radius of 830.00 feet, a curve length of 213.04 feet, a central angle of 14 degrees 42 minutes 22 seconds, a chord of North 09 degrees 31 minutes 32 seconds West a distance of 212.45 feet to the end of this curve marked by a set one half inch iron rod and Cap 8081; Thence South 89 degrees 47 minutes 16 seconds East a distance of 80.08 feet to the Northeast corner of this tract marked by a set one half inch iron rod and Cap 8081; Thence along a curve to the left that has a radius of 750.00 feet, a curve length of 189.17 feet, a central angle of 14 degrees 27 minutes 06 seconds, a chord of South 09 degrees 39 minutes 10 seconds East a distance of 188.67 feet to a point of reverse curvature marked by a found one half inch iron rod and Cap 8334; Thence along a curve to the right that has a radius of 850.00 feet, a curve length of 248.41 feet, a central angle of 16 degrees 44 minutes 40 seconds, a chord of South 08 degrees 30 minutes 23 seconds East a distance of 247.53 feet to the end of this curve marked by a set one half inch iron rod and Cap 8081; Thence South 00 degrees 08 minutes 03 seconds East a distance of 889.90 feet to the Southeast corner of this tract marked by a set one half inch iron rod and Cap 8081; Thence North 89 degrees 47 minutes 11 seconds West a distance of 714.87 feet to the point of beginning. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that Sedona Development, Inc. owns approximately twenty-one (21) acres in Section 6, T17S, R10E, NMPM. Approval of the final plat of the first phase of development for eight (8) acres to divide the property into seventeen (17) single family residential lots within the City of Alamogordo has been requested. Consideration of this subdivision was continued from the March 6th Planning and Zoning Commission meeting to allow time for the numerous plat deficiencies and development issues to be fully addressed. COMMENTS ARE ON THE PLAT STAMPED "RECEIVED MARCH 15, 2002". The property is zoned "A" (Single Family Dwelling) District. The 1971 Master Plan designates this property to be developed as low density residential. No ties are shown on the plat to Cap 8081. The plat has been amended to show the bearings and distances that tie Cap 8081 to the point of beginning of the subdivision. The point of beginning (POB) of the subdivision must be noted. The plat has been corrected to show the POB. The metes and bounds description of the property on the preliminary plans appears to contain discrepancies from the plat. The legal description of the property has been amended to include the full right of way width for S. Florida Avenue. The length of right-of-way for Florida Avenue from Desert Hills East Subdivision to Sedona Ridge Estates must either be included in the legal description of Phase I or dedication provided at this time on a separate document for filing concurrently with Phase 1 of the subdivision.. In addition, either the drainage easement on the east side of Florida Avenue must be included in the property description or a separate document (to be filed with the Otero County Clerk) provided dedicating the easement. Several typographical errors still exist on the plat (spelling, degree symbols, etc.) that must be corrected prior to the plat being released for filing Data was not provided for referenced curves (C) and bearings (L). The tables for curves and bearing have been provided on the plat. The name of the subdivision must be the same on all documents. The plat and all accompanying exhibits have been corrected to show the correct subdivision name. The plat dedication includes several incorrect references to "Cottonwood Heights Unit 4 Replat C". The incorrect references have been eliminated from the plat. The "General Notes" on the plat must be amended regarding setbacks. The plat has been corrected to note the correct front setback. The following side yard information is still needed: "Side = 5' single story, 7' two story, and 15 ' corner". The names of record owners of adjoining unplatted land are required to be shown. The names of record of owners of adjoining unplatted are shown on the plat. Reference to recorded subdivision plats of adjoining platted land by record name, date and number is required. The plat has been corrected to show the required information. Addresses for each lot are required on the plat. Addresses for each lot will be provided to the consulting engineer under separate cover after a correctly revised plat is provided to the City. The assigned addresses will be required on the plat prior to filing. Streets on and adjacent to the tract are required on the plat, together with the right-of-way widths, names, etc. The plat has been corrected to show the required information on all streets. Minimum building setback lines (front and street side yard) are required to be shown on the plat. The correct setbacks have been shown on the plat. The arrangement of streets shall conform to the master plan. Florida Avenue is a recognized arterial and requires an eighty-foot (80') right-of-way. The full width of the street has been shown on the plat. Dedication of the eighty-feet (80') of right-of-way for Florida Avenue, from the southern boundary of Sedona Ridge Estates Subdivision to the northern boundary of the subdivision, plus a thirty foot (30’) wide dedication from the northern boundary of the subdivision to the southern boundary of Desert Hills East Subdivision will be required at the time that Phase 1 of the subdivision is filed. See Item #29 regarding development. Through alleys having a width of at least twenty feet (20') are required. A variance to the requirement for alleys has been requested and the City on recent subdivisions has approved similar variances. No opposition from staff to a variance on alleys has been noted. Easements required for utilities must be shown on the plat. The plat has been corrected to show all easements (front, side, etc.) on the plat. The easement between Lots 27 and 28 must be labeled for use and width. Block length shall not exceed one thousand eight hundred feet in length. Dedication of a fifty-foot (50’) wide street south from Birdie Loop is required. It is suggested that the current twenty-five foot (25') "drainage easement" be expanded to proved the required street dedication. The plat must be corrected to include this street right-of-way. Double frontage lots should be avoided except where essential to overcome specific disadvantages of orientation. A variance from the prohibition of double frontage lots was requested. As access onto Florida Avenue from driveways is not allowed, approval of the variance is supported for Lots 24 through 29. Disclosure of the restriction on rear lot access to/from Florida Avenue the specified lots is required. The plat must be amended to include the restriction in the "general notes", as a notation on the drawing, and in deed restrictions required to be issued on Lots 24 through 29. 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 0.80 acre will be due the City for dedication. A variance to the public land dedication requirement has been requested on the application. It is recommended that a variance not be granted. It is recommended that the additional right-of-way width, twenty feet (20’), for Florida Avenue adjacent to the subdivision (0.5 acre) be accepted as partial fulfillment of the required public land dedication. All service line connections need to comply with the City's Technical Standards. When alleys are not provided within subdivision, utility easements are to be provided at the front of a lot, adjacent to the public right-of-way to assure that there is sufficient room for all of the utility companies to serve the subdivision. Five-foot (5') utility easements adjacent to the right-of-way at the front lot line are shown on the plat. A "typical" of the five-foot (5') front utility easement must be provided on the plat. The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance. An Avigation Easement limiting vertical development was executed with the setback variance. A drainage report is required. The proposed lot layout requires the rerouting of existing arroyos. Rerouting the flow affects sediment transport, time of concentration and other characteristics of the drainage basin. In almost all cases, it is best to keep storm water flowing along its historical path. The final affects of the rerouting cannot be precisely calculated. While not a reason to deny the applicants’ request, it should be noted that adverse results might be caused by the rerouting and that modifications may be required later on to address problems caused by the proposed diversion. The developer requested ornamental street lights within the subdivision. The City of Alamogordo will not allow ornamental lights and all lighting must comply with the City's Lighting Ordinance. All rough grading and shaping of lots to be in compliance with the adopted Building Code. In the opinion of the Engineering Department, retaining walls will be required on the south property line, between the subdivision and BLM. Construction should be done by the subdivision developer rather than by individual homebuilders. The "General Notes" must be amended to include the statement that both the north/south drainage channel and the east/west drainage channel are to be constructed by the developer during the development of Phase 1. A temporary traffic barricade, built to Manual of Uniform Traffic Control Devices (MUTCD) standards, will be required at the north end of Birdie Loop. The installation of street improvements, in accordance with the "Technical Standards" is required. The developer under one of the following development options may complete construction of Florida Avenue, from Desert Hills East Subdivision to the southern boundary of Sedona Ridge Estates Subdivision: a. Construct the complete road length with twenty-four feet (24') of hot mix, curb and gutter, and five-foot (5') sidewalks on the west side of the right-of-way, with the final plat approval of Phase 1; b. Establish an escrow account in favor of the City of Alamogordo, to be updated with each phase of development, for the construction (full width and length with hot mix, curb and gutter, and five foot (5') sidewalks) at the calculated five year future value; or c. Fully construct the complete road length to its full width, with hot mix, curb and gutter, and five-foot (5') sidewalks on both sides upon approval of the last development phase for Sedona Ridge Estates. As usual, the City of Alamogordo will assume responsibility for maintenance of any and all rights-of-way after acceptance of the constructed improvements. The north/south drainage easement abutting the east boundary of Florida Avenue and the east/west easement at the south boundary of the subdivision must be constructed with the development of Phase 1, Sedona Ridge Estates Subdivision. Rolled curb will be allowed in the subdivision. The installation of utility lines (water, sewer, fire hydrants, etc.) in accordance with the "Technical Standards" is required. City standards require that fire hydrants be place approximately four hundred feet (400') apart. All plans should be checked to insure consistency in reference to utility sizing (i.e. 8" water, 8" sewer, etc.). The sanitary sewer should be stubbed to east (between Lots 27 and 28 to Florida Avenue) and the easement dedicated. The plat and the plans and profiles have been corrected to show this easement, as noted on item #17. The easement must be labeled on the plat to show the width and use. The subdivider shall be required to enter into a contract with the City, agreeing to abide by and to comply with his layout and drawings, as finally approved, and also, all plans and specifications as approved. A contract has been drafted for the completion of improvements. Amendments will be need regarding the development of Florida Avenue and required drainage structures. It is required that the lots within the subdivision be continuously numbered from 1 though 49 and that reference to block numbers be eliminated. The plat has been amended and all supporting document to reflect the new numbering. The correction/revision date must be shown on all plans. The plats must be corrected to include the revision date. No sign-off was provided to indicate that the proposed utility locations, easement widths, etc. are satisfactory to the various utility companies that provide service within the City of Alamogordo. A signed utility review sheet for Phase 1 is required to be provided for the City of Alamogordo owned and franchised utility companies prior to the plat being presented to the City Commission. Provided under separate cover, additional technical/engineering comments covered, but were not limited to, the following items:

  • Concern about potential erosion in the earthen channel along S. Florida Avenue. Addressed.
  • Requirement for a twenty foot (20') drainage easement along S. Florida Avenue.
  • Erosion concerns of existing arroyos entering the channel along S. Florida Avenue.
  • No inlets are provided to receive the flows.
  • Drainage report indicated six-foot (6') drainage channel but the plan shows eight-foot (8'). Width standardization is needed.
  • Note 13 benchmark incorrect. Addressed.
  • Manholes shown in the grading drawing. Addressed.
  • General Notes 14 and 15 refer to incorrect sheet numbers. Addressed.
  • Drainage channel is shown within the S. Florida Avenue right-of-way. Addressed.
  • No limits of cut shown along S. Florida Avenue right-of-way. Addressed.
  • Standardize drainage channel along S. Florida Avenue right-of-way. Addressed.
  • Note 2 on the utility plan is incorrect. Addressed.
  • Specify standard utility location tape for water and sewer (non-metallic). Addressed.
  • Show the appropriate tracer tape colors on the trench detail. Addressed.
  • Show water valves at fire hydrants on the utility plan. Addressed.
  • Extend waterline in Birdie Loop to the proposed cul-de-sac in Phase 2. Addressed.
  • Extend the sewer line under South Florida Avenue to the east edge of the right-of-way. Addressed.
  • Use City of Alamogordo standard water service connection detail. Addressed.
  • CMU wall along south edge of subdivision should be grout filled. Addressed.

The utility plan was not signed to show that the proposed utility locations, easement widths, etc. are satisfactory to the various utility companies providing service within the City of Alamogordo. A signed utility plan is required to be provided prior to the final plat being presented to the City Commission for consideration. Staff noted problems with one of the proposed street names, Sedona Drive. The plat has been corrected to show the name "Birdie Loop". The final plat of SEDONA RIDGE ESTATES SUBDIVISION, PHASE 1, is recommended for approval with the corrections/amendments noted by staff, with variances only on the construction and installation of alleys and on the development of double frontage lots, with the determination of a development schedule for the construction and installation of South Florida Avenue, and the acceptance of 0.5 acre of right-of-way for public land dedication.

Mr. Paul Pompeo of Southwest Engineering was available to speak for this request as well. The preliminary and final plat for the subdivision were voted on together in one motion.

Commissioner Martin made a motion "TO RECOMMEND APPROVAL OF THE PRELIMINARY AND FINAL PLAT OF CASE S-02-0731(A) AND CASE S-02-0732(A) WITH STAFF RECOMMENDATIONS AS WRITTEN." Commissioner Glahn seconded the motion.

Commissioners Martin and Glahn and Chairman Sanders voted "AYE." Commissioner Dardin opposed the motion. The motion passed by a vote of 3-1-0.

C. CASE: S-02-0736(A). PETITIONER: Jancare, LLC, owner, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of the final plat of COTTONWOOD HEIGHTS, UNIT 4, REPLAT D SUBDIVISION, for two (2) lots; with variances on the construction and installation of alleys, 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: ±0.404 acre. LOCATION: 360 Cottonwood Drive. CURRENT LEGAL: Lot 149B, Cottonwood Heights, Unit 4, Replat B. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that JanCare, LLC, owns Lot 149B, Cottonwood Heights Unit 4, Replat B, in Section 6, T16S, R*E, NMPM, within the City of Alamogordo. Approval of the final plat of COTTONWOOD HEIGHTS, UNIT 4, REPLAT D SUBDIVISION has been requested for development of two (2) lots. The property, 360 Cottonwood Drive, is 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. A variance to the requirement of alleys was approved with the original plat of Cottonwood Heights Unit 4. There is no opposition to continuation of the variance. 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 is required. Staff has no objection to a variance allowing drainage calculations to be submitted with the building permit being granted. 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. Land was dedicated with the initial subdivision for the dedication requirement. Staff recommends approval of the final plat of COTTONWOOD HEIGHTS, UNIT 4, REPLAT D SUBDIVISION with the requested variances (on alleys and on a drainage report) supported by staff.

Mr. Klad Zimmerle, RLS, agent was available to speak for the request. Mr. Zimmerle stated that the lots were originally intended for an assisted living home. The lot was enlarged to accommodate the construction. The home was never constructed, so now they would like to go back and sell the lots as regular residential lots. Chairman Sanders recused herself from the proceedings of this case.

Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF THE REPLAT." Commissioner Glahn seconded the motion. All voted "AYE," passing the motion by a vote of 3-0-1.

D. CASE: S-02-0738(A). PETITIONER: Bowlin Travel Centers, Inc., owner, by George P. Light, R.L.S., agent. REQUEST: Approval of the preliminary and final plat of RUNNING INDIAN ESTATES SUBDIVISION, for thirty-six (36) lots; with variances on the construction and installation of alleys, on the installation of public utilities (water and sewer), on the construction of streets to City standards (curb, gutter, and sidewalk), 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 water and sewer service; located outside the City of Alamogordo, but within its planning and platting jurisdiction. TOTAL AREA: ±22.60 acres. LOCATION: 7164 US Highway 54-70 at La Luz Gate Road. CURRENT LEGAL: A tract of land in the North half of the Northeast quarter of Section 33, T15S, R10E, NMPM, described by metes and bounds as follows: Starting at the North one-quarter corner of said Section 33 and going South 72 degrees 34 minutes 31 seconds East a distance of 456.33 feet to the place of beginning of the tract of land herein described; thence North 81 degrees 59 minutes 08 seconds East along the South right-of-way line of La Luz Gate Road a distance of 577.29 feet to the west right-of-way line of US Highway 54-70, New Mexico Project No. F-020-1(1); thence South 19 degrees 23 minutes 30 seconds East along said West right-of-way line a distance of 1343.68 feet; thence South 89 degrees 44 minutes 18 seconds West a distance of 292.16 feet; thence South 89 degrees 54 minutes 26 seconds West a distance of 362.53 feet; thence South 89 degrees 53 minutes 39 seconds West a distance of 360.90 feet; thence North 00 degrees 06 minutes 21 seconds West a distance of 1189.55 feet to the place of beginning. CURRENT ZONE: No zoning, outside the City.

Ms. Few reported that Bowlin Travel Centers, Inc., owns 22.6 acres in Section 33, T15S, R10E, NMPM. Development of the property into thirty-six (36) lots, each at least one-quarter (¼) acre, is proposed together with dedication of rights-of-way. The property has no zoning since it is located outside the City of Alamogordo. The 1971 Master Plan does not include this portion of the extra-territorial jurisdiction and, therefore, it contains no recommendation as to the development of the property. Upon approval of the final plat by the City Commission, the subdivider shall file and record the original thereof with the County Clerk and recorder of Otero County, State of New Mexico, and likewise deliver a copy thereof to the County Assessor within thirty (30) days after approval. The developer has requested ninety (90) days from City Commission approval to file the plat. The request should allow sufficient time to process the subdivision through the County’s procedure. The variance is supported by staff. Through alleys, having a width of twenty feet (20') are required in each block. A variance to this requirement has been requested by the applicant. As the subdivision is located outside the City of Alamogordo and will be developed to Otero County standards, approval of this variance is supported by staff. A drainage report sealed by a professional engineer, registered in the State of New Mexico, which shall include calculations for existing (pre-developed) and developed conditions is required. As the property is outside the area in which the City issues building permits, a variance on the requirement of a report is appropriate. 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. Connection with a private utility company for water and sewer is proposed with paved streets. A variance from the requirements of the City's development standards has been requested. The level of improvements for the subdivision will exceed the County's standards. As the property is outside our utility extension area no Waiver of Protest Agreement was prepared. 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 RUNNING INDIAN ESTATES SUBDIVISION has been granted approval by the Otero County Planning Commission. The final plat is scheduled to be considered by the Otero County Planning Commission on April 9, 2002. Staff recommends approval of the preliminary and final plat of RUNNING INDIAN ESTATES SUBDIVISION with the requested variances (on alleys, on public land dedication, and on the construction of water, sewer and streets to City standards) supported by staff.

Mr. Paul Light, RLS, was available to answer any questions and represent the Bowlins for the request. Mr. Light started by clarifying that there is a public utility company in that area which has a water and sewage treatment plant system and they will extend those services to this subdivision. The existing utility company services Shady Grove Mobile Home Park and Eileen Acres Subdivision. They are going to extend across the highway. Eileen Acres is East of the highway and this little subdivision is West of the highway. It will be a customarily constructed sewage collection system and water distribution system that will be extended from the existing facilities. They currently have wells for groundwater that they pump to store and pressurize their system from.

Ms. Few asked Mr. Light if the permit from the State Highway Department was already obtained. Mr. Light answered that they have not yet acquired that permit, but they will have no problem in taking care of that.

Commissioner Dardin made a motion "TO RECOMMEND APPROVAL FOR CASE S-02-0378(A) AS RECOMMENDED BY STAFF." Commissioner Martin seconded the motion. All voted "AYE," passing the motion by a vote of 4-0-0.

5. REPORTS.

A. City Planner.

(1) May Agenda. Ms. Few stated that the May agenda will contain a couple zonings, a couple ordinances, and some variances, but nothing really contentious.

(2) Other. Ms. Few stated that hopefully the City’s web site will up and running before sending out the next batch of comments are sent out. The MIS department are working on the problem diligently.

B. Chairman.—none.

C. Commissioners.—none.

(1) Representative from HAFB.

(2) Representative to County Planning Commission.

(3) General.

6. PERSONS TO BE HEARD.—none.

7. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Dardin made a motion "TO ADJOURN". Seconded by Commissioner Martin. All voted "AYE", passing the motion by a vote of 4-0-0. The meeting adjourned at approximately 2:20 p.m.

Approved: 05/01/02

/s/Ginna L. Sanders, Chairman

ATTEST:

/s/J. Gregory Garcia, Recording Secretary