Aug. 7, 2002 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

August 7, 2002

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman.

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

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

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

MEMBERS ABSENT:

Mr. Mark S. Urey, Ex-Officio Member.

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. J. Gregory Garcia, Recording Secretary.

Mr. Michael Potter, Recording Secretary.

OTHERS PRESENT:

Ms. Sue Hooser; Mr. Miles Ledgerwood; Mr. Klad Zimmerle; RLS Agent; Mr. Darren McDonough Sr.; Mr. William Biggerstaff; Mr. Carolyn Tompkins; Mr. Frank Frazier; Mr. Barbara Anderson; and other unidentified persons.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled August 7, 2002, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of four (4) 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 August 26, 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 JULY 3RD REGULAR MEETING, AND AUGUST 4TH INSPECTION TOUR, 2002. Commission Dardin made a motion "TO APPROVE THE MINUTES, AS WRITTEN AND THE INSPECTION TOUR". Seconded by Commissioner Glahn. All voted "AYE", approving the motion by a vote of 4-0-0.

4. PUBLIC HEARING.

A. CASE: Z-02-0617(A). PETITIONER: Space Age City Service Corp., owner. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the conditions attached to the District "D-2" (Neighborhood Business) zoning, as specified in Ordinance 757; which, if approved, would allow the property to be used/developed for retail sales with other conditions. TOTAL AREA: ± 6,892.71 square feet. LOCATION: 1000 N. Scenic Drive. CURRENT LEGAL: Lot 1, Block 19, Dale Bellamah Addition, Unit 4A. CURRENT ZONE: District "D-2" (Neighborhood Business) with conditions.

Ms. Few reported that the property, 1000 N. Scenic Drive, is zoned "D-2" (Neighborhood Business) District with conditions as follows: 1. That the property only be used for professional and business offices with no retails sales allowed; 2. That an opaque fence be constructed between the office use and any residence; 3. That any building constructed on the property meet the 3:1 off-street parking requirements with no variance to be obtained; and 4. That any building constructed on the property be limited to a height of one (1) story. The application requests that the conditions be changed to allow retail sales. That is the only change being requested. Staff suggested that the off-street parking condition be reworded to read "the requirements of the city in effect at the time of construction with no variance to be obtained." This would allow for increased or decreased restrictions to be applied to this property at the time of construction. As a result of the 30 notices mailed to property owners within the 200 foot legal protest area on July 18th, 2002, and the notice of the public hearing that was advertised on July 21st, 2002, in the Alamogordo Daily News, five (5) protests to the requested rezoning had been received. These protests represent 13 percent of the owners within the 200-foot legal protest area. Copies of the protest letters were provided with the commission packages and copies had been transmitted to representatives of and the property owners. Staff had no objections to the approval of the change in condition.

Mr. Miles Ledgerwood came forward as a representative of Space Age City Service Corporation to offer testimony in support of the condition change. Mr. Ledgerwood stated that the property has been vacant since restrictive convenants were put in place in 1959 and is used to advertise plays. The lot just to the west was improved by the service company he represents with an attractive Automatic Teller Machine (ATM). The intended use of the property in question will clean the lot up and provide another attractive place. The service company is only requesting the lifting of a condition and not a change to zoning. Mr. Ledgerwood stated that he didn’t foresee increased traffic problems, that customers would use the facility and leave.

Chairman Sanders asked what the height of the fence was for the ATM property. Mr. Ledgerwood answered that it was higher than a normal fence. Chairman Sanders asked if they planned to build a cinder block fence at 1000 Scenic Blvd. Mr. Ledgerwood answered yes and stated that they would make the property attractive. Chairman Sanders stated she understood the concerns of the property owners on each side of the property and that it would make a difference in her mind if the fence prevented automobile lights from shining in and keeping trash out of the neighbors yards. Mr. Ledgerwood stated that as long as he is associated with this project, he would make sure that things were taken care of.

Commissioner Martin asked if there was any history on the zoning of this property and asked for a definition of the word "opaque". Chairman Sanders said that an opaque fence would be one that you cannot see through. Ms. Few said that as best as she can recall, the history of the restriction on retail sales was an accommodation to a protest of the initial rezoning from Single Family Dwelling to Business.

Commissioner Glahn asked Mr. Ledgerwood how tall the structure was. Mr. Ledgerwood looked at his copy of the plan but could not read the measurements. He stated that he guessed that it would be about 12 feet in height. Chairman Sanders asked if the arms of the windmill moved. Mr. Ledgerwood stated he believed they were decorative. Commissioner Glahn asked if the lot would be black-topped or left as dirt and do we have curb cuts. Mr. Ledgerwood answered that it would be paved. Chairman Sanders stated that curb cuts would be required. Commissioner Martin commented on the access to the property and Mr. Ledgerwood stated that he assumed that access would be similar to the ATM. Commissioner Glahn asked if Mr. Ledgerwood was aware that a water dispenser was already in operation very close to the opposite corner to the north. Mr. Ledgerwood said that he was aware of this.

Chairman Sanders then asked for anyone else to speak for the item. No one came forward.

There were three people to speak against the item.

Mr. William Biggerstaff, of 1002 Scenic Blvd., came forward to voice his concerns which included: the current noise level increasing at the intersection (tenants were already complaining about current noise levels), a decrease in the property value because of the proposed facility, automobiles driving right up against the fence and disturbing tenants/owners in their bedrooms, and already getting trash collecting on the lot from the Allsups across the street. Chairman Sanders stated that the proposed installation of a new cinder block fence would alleviate much of the noise and trash that may get into Mr. Biggerstaff’s yard. Mr. Biggerstaff asked if the fence would be a continuation of his cinder block fence. Mr. Ledgerwood stated that Mr. Biggerstaff’s fence encroaches on the property and that it would be better served if his fence was torn down and a new fence constructed on the actual property line. Commissioner Martin asked what the height of the fence would be. Mr. Ledgerwood stated that it would be at least as high as the fence at the ATM facility across the street – about 8 to 10 feet. Chairman Sanders asked if Mr. Ledgerwood’s explanation of the plans had alleviated some of Mr. Biggerstaff’s concerns. Mr. Biggerstaff stated that his major concern was still the property value as he was trying to sell the house and that he was not sure how it would affect his property value.

The next person to speak against the item was Ms. Carolyn Tompkins. She stated that she hates the idea because it would give kids another place to play, increasing the noise levels, and traffic coming into and out of the lot would be dangerous for pedestrians and kids coming to and from school. There would be kids hanging out, drinking, smoking and trashing the neighboring yards with beer bottles and cigarettes. Ms. Tompkins stated that she felt that property values would be negatively impacted.

The last person to speak against the item was Ms. Barbara Anderson. Her main concern was that as another unattended parking lot it would be another hangout spot very close to her bedroom. She’s concerned about loud radios. Ms. Anderson asked if there would be a 24-hour security company she could call to have the people chased off when they park out there with their "wall rattling stereos". Chairman Sanders stated she didn’t have an answer for that. Commissioner Martin said that the property is currently zoned for business and no matter how the property was developed, Ms. Anderson would still have an unattended parking lot. Ms. Anderson reiterated her concerns at length and then sat down.

No one else had anything to say for or against the item.

Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF THE REQUEST". The motion died for lack of a second.

The case will be passed on to the City Commission with no recommendation from the Planning and Zoning Commission.

B. CLOSE PUBLIC HEARING. Chairman Sander declared the Public Hearing closed.

5. SUBDIVISIONS.

A. CASE: S-02-0750(A). PETITIONER: Travis C. Hooser and Alexa Sue Hooser, owners, by Wyatt A. Sparks, R.L.S., agent. REQUEST: Approval of the preliminary and final plat of TIERRA VERDE SUBDIVISION, for twenty-seven (27) 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 (dedication, curb, gutter, sidewalk, and paving), on the length of time allowed for filing the final plat (requesting 90 days), on the dedication of public land, and from Section 22-01-140(b)(1) relating to drainage plans; with public access, private wells, and septic tank systems; located outside the City of Alamogordo, but within its planning and platting jurisdiction. TOTAL AREA:±31.216 acres. LOCATION: Southend Road (County Road A-078). CURRENT LEGAL: A tract of land in the Northeast quarter of the Northeast quarter of Section 35, T17S R9E, NMPM, Otero County, New Mexico, described as follows: Beginning at the Northeast corner of said Section 35, and going North 89 degrees 55 minutes 13 seconds West along the North line of said Section 35, a distance of 679.38 feet, to the place of beginning; thence South 00 degrees 03 minutes 11 seconds East 667.28 feet, thence South 89 degrees 55 minutes 31 seconds East 679.09 feet, thence South 00 degrees 01 minutes 27 seconds East 667.34 feet, thence North 89 degrees 55 minutes 43 seconds West 1357.94 feet, thence North 00 degrees 03 minutes 46 seconds West 1334.77 feet, thence South 89 degrees 55 minutes 13 seconds East 679.46 feet to the place of beginning. CURRENT ZONE: No zoning, outside the City.

Ms. Few stated that the property is outside the City but within the jurisdiction of the Municipal Airport and an Avigation Easement has been prepared. Several corrections are needed to the plat including Right-of-Way width of streets and signature blocks for the Alamogordo Planning and Zoning Commission and the Alamogordo City Commission for action. Subdivision is requesting a 90-day extension for filing of the plat to get through the County’s procedures. No alleys are proposed and this is appropriate for the subdivision. Staff recommended that requirements for drainage report be put off until the building permit stage. Public land dedication is not proposed as this property is outside the city. Street and utility improvements will conform to the County standards. Staff is recommending approval of the preliminary and final plat of TIERRA VERDE subdivision with variances on the construction and installation of alleys, on the installation of utilities, on the construction of streets to City standards, length of time allowed to file the plat, dedication of public land, drainage plans, and execution of the Avigation Easement.

Ms. Sue Hooser was present to represent the item. She had nothing to add.

Commissioner Dardin made a motion "TO APPROVE THE CASE PER STAFF RECOMMENDATIONS". Commissioner Glahn seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

B. CASE: S-02-0751(A). PETITIONER: C. Michael Shyne, owner, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of the preliminary and final plat of EDGE OF THE DESERT 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 (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: ±21.50 acres. LOCATION: Desert Lakes Road at S. Florida Avenue. CURRENT LEGAL: A tract of land in Lot 2, Section 6, T17S, R10E, NMPM, Alamogordo, Otero County, New Mexico, described by metes and bounds as follows: Starting at the Northwest corner of said Lot 2 and going South 89 degrees 59 minutes 54 seconds East along the North line of said Lot 2 a distance of 605.42 feet; thence South 89 degrees 48 minutes 37 seconds East a distance of 30.00 feet to the place of beginning of the tract of land herein described; thence South 89 degrees 48 minutes 37 seconds East a distance of 675.67 feet; thence South 00 degrees 24 minutes 37 seconds East a distance of 1340.79 feet; thence North 89 degrees 40 minutes 14 seconds West a distance of 721.86 feet; thence North 00 degrees 16 minutes 54 seconds East a distance of 679.05 feet; thence North 89 degrees 57 minutes 10 seconds East a distance of 30.00 feet; thence North 00 degrees 16 minutes 54 seconds East a distance of 659.78 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling)

Ms. Few briefed commissioners on details of the proposed subdivision. Subject subdivision is the division of the property into 2 large lots. An Avigation Easement limiting vertical development was executed with the annexation in 1999. The property is zoned for Single Family Dwelling ("A"). The 1971 Comprehensive Master Plan includes the proposed development of a collector street from South Florida Avenue east from Desert Lakes Road. Ms Few detailed the requirements for the rights-of-way. No alleys proposed and staff has no problem with that. Staff supported a variance to the requirement for a submittal of a drainage report until additional subdivision or development occurs on the property. Staff did not support a variance to the public land dedication requirement. Five-foot (5’) utility easements at the front of the property lines are required when alleys are not provided. Easements must be shown on the plat. A Waiver of Protest Agreement has been prepared for the required right-of-way on the northern edge of the property since the city is not requiring this at this time. Developer has requested a waiver regarding any improvements along Florida Avenue. Staff requested that the road be felled out at that time. A condition be noted on the plat that there may not be sufficient water pressure in the area without augmentation of the system. A subdivider’s contract for the development of road utilities as needed for Florida Avenue has been drafted. Staff recommended approval of the preliminary and final plat of EDGE OF THE DESERT SUBDIVISION with variances on the construction and installation of alleys, on the installation of utilities (water and sewer) and the construction of streets (curb, gutter, sidewalk, and paving) on the easterly extension of Desert Lakes Road only, and from Section 22-01-140(b)(1) relating to drainage plans; with the dedication of public land, the dedication of additional road right-of-way on S. Florida Avenue, the dedication of road right-of-way for the easterly extension of Desert Lakes Road, the required corrections to the plat, and the execution of all required contracts.

Representing the item was Mr. Michael Shyne, property owner and Mr. Klad Zimmerle. According to Mr. Zimmerle and Mr. Shyne this subdivision is to prepare the subsequent two properties to be sold. They objected to the requirements to install streets and utilities saying the costs would be prohibitive. Commissioner Martin, Mr. Shyne and Mr. Zimmerle then discussed the sequence of events leading up to development of the property. Commissioner Martin asked for clarification of the way that Florida Avenue would be constructed. Mr. Zimmerle explained that each developer on the street builds their own part. Mr. Shyne explained that they are not at the point in development where they should have to add to Florida Avenue. Mr. Shyne explained that he merely wishes to divide his property in order that the land may be used for two different purposes such as business on the north portion and residential on the south portion. Whoever developed the property would then include in their plans the construction of Florida Avenue. After further, lengthy discussion about the advisability of different scenarios for road construction and subdivision of the property, Chairman Sanders recommended that this item be postponed until further discussions outside of the Commission meeting can take place to iron out details.

Commissioner Dardin made a motion "TO POSTPONE THIS ITEM UNTIL MR. SHYNE AND MR. ZIMMERLE CAN MEET WITH CITY STAFF AND HAVE QUESTIONS ANSWERED. ITEM IS TO COME BEFORE THE PLANNING AND ZONING COMMISSION AGAIN NO LATER THAN THE END OF THIS YEAR". Commissioner Glahn seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

At this point, Chairman Sanders requested a 5-minute break for the Commission.

C. CASE: S-02-0753(A). PETITIONER: Cheryl Wolf, Larry O. McDaniel, and the City of Alamogordo, owners, by Wyatt A. Sparks, R.L.S., agent. REQUEST: Approval of the final plat of WOLF SUBDIVISION, REPLAT A, for three (3) 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 and public streets; located within the City of Alamogordo. TOTAL AREA: ±18.7064 acres. LOCATION: 2400 - 2600 Highway 54 S. and 466 - 496 Post Avenue. CURRENT LEGAL: Lots 1 through 6, Wolf Subdivision. CURRENT ZONE: District "G" (Trailer) and District "A" (Single Family Dwelling).

Ms. Few provided staff comments. Primary purpose of this Replat is to consolidate 4 lots into 1 and vacate a part of Post Avenue. Staff had no objection to the consolidation and recommended approval of the final plat of WOLF SUBDIVISION, REPLAT A, with the required plat corrections.

Mr. Darrell McDonough, Sr. spoke for the proposed action. Commissioner Martin asked about the vacating of Post Avenue. Ms. Few explained that with the consolidation, there is no need for access.

As there were no other questions or discussion, Commission Dardin made a motion "TO APPROVE THE CASE PER STAFF RECOMMENDATIONS." Commissioner Glahn seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

6. REPORTS.

A. City Planner.

(1) Agenda – 1 Public Hearing and 7 Subdivisions for the next meeting.

(2) Commissioner Glahn requested delivery of the Planning and Zoning Commission meeting packets. After a lengthy discussion, Ms. Few agreed to deliver the packets to the Commissioners work place at least by the Friday prior to a meeting.

(3) Vacancies: Ms. Few asked the Commissioners to "beat the bushes" and stated that Robert J. Jaramillo would make an excellent choice.

(4) Annual Reports coming up in November and December.

(5) League of Zoning Officials will be meeting in Rio Rancho the end of September.

B. CHAIRMAN - None.

C. COMMISSION - None.

7. PERSONS TO BE HEARD - None.

8. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Martin made a motion "TO ADJOURN". Seconded by Commissioner Glahn. All voted "AYE", passing the motion by a vote of 4-0-0. The meeting adjourned at approximately 3:05 p.m.

Approved: September 4, 2002

/s/ Ginna L. Sanders, Chairman

ATTEST:

/s/ Michael Potter, Recording Secretary