December 4, 2002 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

DECEMBER 4, 2002

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman.

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

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

Mr. Mark S. Goga, Member.

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

MEMBERS ABSENT:

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

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. Michael Potter, Recording Secretary.

OTHERS PRESENT: Mr. C. Michael Shyne, PE; Mr. Klad Zimmerle, PLS; Mr. Mark Millis, Lowe’s Home Improvement Warehouse; Ms. Brigitte Stagner, PE, Wilson and Co; Mr. Shelby Miller; Mrs. Anderson; Mr. Thomas French; Mr. Richard Garner; Mr. Michael O’Hara and other unidentified persons.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled December 4, 2002, meeting to order at approximately 1:40 p.m. Chairman Sanders noted that a total of five (5) items were to be considered, two (2) 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 19, 2002, to render final decisions.

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

3. MINUTES OF NOVEMBER 6TH, 2002 REGULAR MEETING, AND DECEMBER 1ST, 2002 INSPECTION TOUR, 2002. Commissioner Goga made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner Glahn. All voted "AYE", approving the motion by a vote of 4-0-0.

4. PUBLIC HEARING.

A. CASE: Z-02-0619(A). PETITIONER: West Source V, a Joint Venture, owner, C. Michael Shyne, manager, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "D" (Business), or a more restrictive classification; which, if approved, would allow the property to be used/developed for commercial business. TOTAL AREA: ±22.260 acres. LOCATION: US Highway 54/70 at US Highway 82. CURRENT LEGAL: Two (2) tracts of land in the Northeast quarter of Section 12, T16S, R9E, NMPM, described by metes and bounds as follows: Starting at the Southwest corner of said Lot 15, Section 6, T16S, R10E, NMPM, a point on the East line of said Section 12 and going North 00 degrees 33 minutes 05 seconds East along the East line of Said Section 12 a distance of 42.93 feet to the place of beginning of the tract of land herein described; thence South 76 degrees 43 minutes 44 seconds West a distance of 885.68 feet to the East right-of-way line of U.S. Highway 54/70; thence North 18 degrees 49 minutes 30 seconds West along said right-of-way line a distance of 376.90 feet to the South right-of-way line of U.S. Highway 82; thence North 11 degrees 57 minutes 11 seconds East along said right-of-way line a distance of 858.41 feet; thence North 43 degrees 31 minutes 37 seconds East along said right-of-way line a distance of 103.30 feet; thence South 72 degrees 38 minutes 05 seconds East a distance of 778.23 feet to the West right-of-way line of Martin Boulevard; thence south 00 degrees 33 minutes 05 seconds West along said right-of-way line a distance of 835.88 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling) upon annexation. RECOMMENDATION: Approval of the rezoning to District "D" (Business) with the condition that the zoning be limited to non-residential use.

Ms. Few provided staff comments. She stated that West Source V, a Joint Venture, owns two (2) tract of land in Section 12, T16S, R9E, NMPM, at the Southeast corner of U.S. Highway 54/70 at U.S. Highway 82. The proposed rezoning will allow the property to be developed and used for retail commercial purposes, upon annexation. Upon annexation, property would come in as single-family however the 1971 Master Plan designates this property to be developed for commercial use. The property is within the City’s utility extension area. Of the seventeen (17) notices mailed to property owners within the 200 foot legal protest area on November 18, 2002 and the public hearing notice in the Alamogordo Daily News on November 17, 2002, no protests were received. A letter was received December 4th, 2002 recommending approval of the rezoning and requesting notification of any leveraged annexation or other zoning in the area. The letter was from Mr. Larry Berry. Approval of the rezoning to District "D" (Business) with the condition that the zoning be limited to non-residential use such as single-family, two-family, multi-family either site constructed or manufactured is recommended.

Commissioner Martin asked the meaning of "leveraged annexation." Ms. Few stated that under state statutes, if the city receives a petition for annexation or if it does an annexation under a petition method it must have the signatures of 51% of the owners of the area to be annexed. Leveraged annexation is where the City takes an additional 49% of the area for which they have a petition. The City is not contemplating any leveraged annexation at this time.

Representing the item was Mr. C. Michael Shyne and Mr. Klad Zimmerle. Mr. Shyne made an opening statement wherein he recognized Mr. Richard Garner, past Mayor of Alamogordo, in the audience. Mr. Zimmerle restated that this rezoning action was being taken concurrently with the annexation.

Commissioner Goga made a motion "TO APPROVE THE ITEM, WITH RESTRICTIONS THAT ZONING BE LIMITED TO NON-RESIDENTIAL USE". Seconded by Commissioner Martin. All voted "AYE", passing the motion by a vote of 4-0-0.

B. CASE: V-02-0459(A). PETITIONER: The Randall Trust dated February 2, 1990, as amended, owner, Jimmie D. Randall and Juanita M. Randall Trustees, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of a variance from Section 29-03-330(a), of the Code of Ordinances of the City of Alamogordo, New Mexico, governing off-street parking requirements; which, if approved, would allow the development of a Lowe's Home Improvement Warehouse with a resulting off-street parking ratio of 2.5:1, rather than the off-street parking ratio of three square feet of parking for each square foot of building (3:1) required by Code. TOTAL AREA: ±11.144 acres. LOCATION: 4101 N. Scenic Drive. CURRENT LEGAL: Lot 1A, Silver Subdivision, Replat A. CURRENT ZONE: District "D (Business). RECOMMENDATION: Approval of an off-street parking variance for a ratio of not less than 2.5:1.

Ms. Few stated that The Randall Trust owns the property that is being replated Lot 1A, Silver Subdivision, Replat A. The property is between Scenic Drive and Cottonwood Drive on North White Sands Blvd. No comments for or against have been received as a result of the public hearing notice advertised in the Alamogordo Daily News on November 17, 2002, and the sixteen (16) notices mailed to property owners within the 200 foot legal protest area on November 18, 2002. Staff recommends approval of an off-street parking variance for a ratio of not less than 2.5:1.

Representing the item was Mr. Mark Millis. There were no questions for Mr. Millis.

Commissioner Martin made a motion "TO APPROVE THE ITEM, AS WRITTEN". Seconded by Commissioner Glahn. All voted "AYE", passing the motion by a vote of 4-0-0

CLOSE PUBLIC HEARING. Chairman Sanders declared the Public Hearing closed.

5. SUBDIVISIONS.

A. CASE: S-02-0766(A) PETITIONER: Shelby F. Miller and Clare D. Miller owners, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the final plat of HOLIDAY SANDS UNIT 2, SUBDIVISION, REPLAT B, for consolidation of the property into one (1) lot; with variances 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: ±13.762 acres. LOCATION: 225 Glacier Drive and 3316 through 3420 N. White Sands Boulevard. `CURRENT LEGAL: Lot 1, Holiday Sands Unit 4 Subdivision, Lots 1 though 6, Block 3, Holiday Sands Unit 2 Subdivision, and Lots 5 and 6, Block 2, Holiday Sands Unit 2 Subdivision. CURRENT ZONE: District "D" (Business). RECOMMENDATION: Approval of the final plat of HOLIDAY SANDS UNIT 2, REPLAT B with the requested variances (on public land dedication and on the drainage report).

Ms. Few stated summarized the case for those attending. She stated that Shelby F. Miller and Clare D. Miller own Lot 1, Holiday Sands Unit 4 Subdivision, Lots 1 though 6, Block 3, Holiday Sands Unit 2 Subdivision, and Lots 5 and 6, Block 2, Holiday Sands Unit 2 Subdivision, within the City of Alamogordo. Approval of the final plat of HOLIDAY SANDS UNIT 2, SUBDIVISION, REPLAT B for 13.762 acres has been requested. Subject subdivision will consolidate the property into one (1) lot and vacate a platted alley. The property is currently zoned "D", Business and this is consistent with the 1971 Master Plan designating this property to be developed as commercial. There are some minor requirements on the plat that have been addressed including setback lines being shown and additional right-of-way on Glacier. A variance request wherein the drainage report would be deferred until such time as a building permit is requested is supported by staff. Public land variance has been requested. With the addition to the requested right-of-way on Glacier a subdivider’s contract will be needed and will be provided in draft form to the property owners prior to it going to the City Commission. The sidewalks will be needed. with the requested variances (on public land dedication and on the drainage report), staff recommends approval.

Representing the item was Mr. Klad Zimmerle and Mr. Shelby Miller.

Commissioner Glahn asked if Mr. Miller knew what kind of business would go there. Mr. Miller said that he couldn’t answer that question. Mr. Zimmerle stated that it would be one that would require a large lot. Commissioner Glahn asked if the entrances would be off the highway or Glacier. Mr. Miller stated that there are cuts on Glacier already and that he has building permits for access off White Sands Blvd.

Commissioner Goga asked if, in the future, Mr. Miller would have any thoughts of re-dividing the property that fronted on White Sands Blvd. for residential. Mr. Miller replied that he’d not do that.

Commissioner Martin made a motion "TO APPROVE THE ITEM, AS WRITTEN". Seconded by Commissioner Goga. All voted "AYE", passing the motion by a vote of 4-0-0

B. CASE: S-02-0767(A). PETITIONER: S. Thomas Overstreet, Deanna E. Overstreet, and the Green Family Trust, owners, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the preliminary plat of FOOTHILLS SUBDIVISION, UNIT 3, for twelve (12) lots; with variances on the construction and installation of alleys, on the construction of streets to City standards (curb and gutter) and from Section 22-01-140(b)(1) relating to drainage plans; with public access, and septic tank systems; located within the City of Alamogordo. TOTAL AREA: ±32.144 acres. LOCATION: S. Scenic Drive. CURRENT LEGAL: A tract of land in the Southeast quarter Northwest quarter of Section 28, T16S, R10E, NMPM, described by metes and bounds as follows: Starting at the North one-quarter corner of said Section 28 and going South 00 degrees 06 minutes 58 seconds East along the North/South centerline of said Section 28 a distance of 1326.64 feet to the place of beginning of the tract of land herein described; thence continuing South 00 degrees 06 minutes 58 seconds East a distance of 1326.64 feet; thence North 89 degrees 28 minutes 58 seconds West a distance of 1072.48 feet to the East right-of-way line of Scenic Drive; thence North 00 degrees 09 minutes 57 seconds West along said right-of-way line a distance of 187.03 feet; thence North 89 degrees 50 minutes 03 seconds East along said right-of-way line a distance of 50.00 feet; thence North 00 degrees 09 minutes 57 seconds West along said right-of-way line a distance of 50.00 feet; thence South 89 degrees 50 minutes 03 seconds West along said right-of-way line a distance of 50.00 feet; thence North 00 degrees 09 minutes 57 seconds West along said right-of-way line a distance of 139.79 feet; thence South 75 degrees 00 minutes 00 seconds East along said right-of-way line a distance of 144.28 feet; thence North 15 degrees 00 minutes 00 seconds East along said right-of-way line a distance of 100.00 feet; thence North 75 degrees 00 minutes 00 seconds West along said right-of-way line a distance of 150.67 feet; thence North 00 degrees 09 minutes 57 seconds West along said right-of-way line a distance of 37.95 feet; thence South 89 degrees 50 minutes 03 seconds West along said right-of-way line a distance of 20.00 feet; thence North 00 degrees 09 minutes 57 seconds West along said right-of-way line a distance of 501.83 feet; thence North 89 degrees 50 minutes 03 seconds East along said right-of-way line a distance of 50.00 feet; thence North 00 degrees 09 minutes 57 seconds West along said right-of-way line a distance of 60.00 feet; thence South 89 degrees 50 minutes 03 seconds West along said right-of-way line a distance of 50.00 feet; thence North 00 degrees 09 minutes 57 seconds West along said right-of-way line a distance of 249.42 feet; thence South 89 degrees 36 minutes 50 seconds East a distance of 1073.61 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling). RECOMMENDATION: Approve the FOOTHILLS SUBDIVISION, UNIT 3, preliminary plat with only the variances on the construction of streets to City standards (curb and gutter) and from Section 22-01-140(b)(1) relating to drainage plans, and with the condition that all staff concerns be completely addressed prior to consideration of any final plat by the Planning and Zoning Commission.

Ms. Few provided staff comments. She stated that the Overstreet’s and the Green Family Trust own a tract of land containing 32.144 acres located on South Scenic Dr. just inside the city limits. The property is on the east side of Scenic Dr. Ms. Few said that there were a number of minor plat corrections and questions identified with the plat. Subsequent meetings with Mr. Zimmerle ironed-out the lot reconfigurations so that there would be no driveways on Scenic Dr., etc. Two areas not yet resolved are the dedication of the park trail and the connection of City water utilities and the expected verification of the pounds-per-square-inch (psi) for units in this subdivision.

Mr. Zimmerle came forward to represent the item. He stated that due to the geography and distance to waste water utility lines, the individuals he represents have requested the use of septic tanks. The roads will be paved without curb and gutter. They are requesting City water. Mr. Zimmerle stated that the maximum pressure on the upper end should be fifty (50) to sixty (60) psi. This is adequate for most homes. Mr. Zimmerle asked that item number 18 on the staff’s memorandum be changed. In this item staff has asked for walking paths for all lots. Mr. Zimmerle stated that in working with Mr. Dean Hunt, an engineer in the City’s Engineering Department, they figured that pathways would be placed on the low side of streets (south and west side). Mr. Zimmerle asked that asphalt walking paths adjacent to the south right-of-way of Adobe Ridge Trail and Adobe Ridge Court and adjacent to the west right-of-way of Adobe Ridge Drive be included.

Mr. Zimmerle and the commissioners had a lengthy discussion about property to the east and west and how water drained down and through the property in question. Conclusion was that there would be no problems with drainage.

Commissioner Martin asked for clarification on the septic tank issue. Ms. Few stated that given the geology and distance to existing City sewer lines, this was the way to go.

Commissioner Martin made a motion "TO APPROVE THE PRELIMINARY PLAT, TAKING INTO CONSIDERATION STAFF COMMENTS". Seconded by Commissioner Goga. All voted "AYE", passing the motion by a vote of 4-0-0

C. CASE: S-02-0768(A). PETITIONER: Tierra de Suenos, Inc., owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the preliminary and final plat of TIERRA DE SUENOS SUBDIVISION, UNIT 3, PHASE 2, for twenty (20) lots; with variances on the construction and installation of alleys; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±11.406 acres. LOCATION: Camino Real and Cielo Grande. CURRENT LEGAL: Two (2) tracts of land in the South half of Section 31, T16S, R10E, NMPM, Alamogordo, Otero County, New Mexico, described by metes and bounds as follows: TRACT ONE - A tract of land in the Southeast quarter of Section 31, T16S, NMPM, described by metes and bounds as follows: Starting at the Southwest corner of said Section 31 and going North 00 degrees 17 minutes 52 seconds West along the West line of said Section 31 and distance of 705.00 feet; thence North 89 degrees 42 minutes 08 seconds East a distance of 840.75 feet to the place of beginning of the tract of land herein described; thence North 00 degrees 17 minutes 52 seconds West a distance of 180.00 feet; thence South 89 degrees 42 minutes 08 seconds West a distance of 0.89 feet; thence North 00 degrees 17 minutes 52 seconds West a distance of 260.00 feet; thence North 89 degrees 42 minutes 08 seconds East a distance of 11.63 feet; thence North 00 degrees 17 minutes 52 seconds West a distance of 185.30 feet; thence North 89 degrees 38 minutes 27 seconds East a distance of 343.08 feet; thence South 00 degrees 17 minutes 52 seconds East a distance of 499.09 feet; thence along the arc of a curve to the left whose central angle is 00 degrees 45 minutes 10 seconds and whose radius is 1435.53 feet and whose chord bears North 86 degrees 42 minutes 54 seconds West an arc distance of 18.86 feet; thence South 00 degrees 17 minutes 52 seconds East a distance of 127.75 feet; thence South 89 degrees 42 minutes 08 seconds West a distance of 335.00 feet to the said place of beginning, and containing 4.985 acres, more or less. TRACT TWO - A tract of land in Lot 3, Section 31, T16S, R10E, NMPM, described by metes and bounds as follows: Starting at the Southwest corner of said Section 31 and going North 00 degrees 17 minutes 52 seconds West along the West line of said Section 31 a distance of 1884.81 feet to the place of beginning of the tract of land herein described; thence continuing North 00 degrees 17 minutes 52 seconds West a distance of 17.00 feet; thence North 70 degrees 14 minutes 45 seconds East a distance of 655.15 feet; thence South 00 degrees 05 minutes 49 seconds East a distance of 790.00 feet; thence South 89 degrees 38 minutes 27 seconds West a distance of 140.78 feet; thence North 38 degrees 58 minutes 24 seconds West a distance of 710.80 feet; thence South 89 degrees 42 minutes 08 seconds West a distance of 30.00 feet to the said place of beginning, and containing 6.421 acres, more or less. CURRENT ZONE: District "A" (Single Family Dwelling). RECOMMENDATION: Approval of the preliminary and final plat of TIERRA DE SUENOS SUBDIVISION, UNIT 3, PHASE 2, with the variance on the construction and installation of alleys, the required plat modifications, and the execution of a Subdivider's Contract and an Avigation Easement.

Ms. Few briefed those present as follows: This is preliminary and final plat of Tierra de Suenos, Unit 3, Phase 2 on approximately 11 acres for twenty (20) residential lots and public land dedication. Property single-family zoning. Staff has requested that the subdivision be redesignated as Unit 5 and the lot numbering be continued from previous units so as to avoid duplication with other phases and to coincide with utility plans. Ms. Few said that there were some minor concerns. Alleys are not being proposed, addresses will be provided as soon as the correct lot numbers are submitted. Approximately six and a half (6.5) acres are proposed for public land dedication and this is for all the phases of development to this point. At this time, only one and a half (1.5) acres are due to the City. The developer has asked that some conditions be attached to the dedication of the larger parcel including credit for future development. Referred to item number 2 in the letter from Mr. Tommy French on behalf of Tierra de Suenos, Inc., dated November 11, 2002, which states "Should Tierra de Suenos Inc. request, at a later date, an easement sufficient for a residential street to cross this property, the city will grant such easement. This will also be accomplished by a deed restriction." Ms. Few said that staff has a problem with this paragraph. She said that staff requests that if the City wants to put a road though for a connection that it be allowed with mutual agreement with the developer. Ms. Few wrapped up her comments saying that with the variance on the construction and installation of alleys, the required plat modifications, and the execution of a Subdivider's Contract and an Avigation Easement approval of this subdivision is recommended.

Mr. Zimmerle and Mr. Tommy French came forward to represent the item. Mr. Zimmerle said that one of the things they (property owners) wanted to do was get preliminary approval on Units 2, 3 and 4 with final approval on this phase. Ms. Few stated that that was not what was understood by the submission of the documents. Chairman Sanders asked if what was submitted would work or if something else needed to be done. Mr. Zimmerle said that to expedite things they would go with the what was submitted.

Commissioner Martin asked for clarification of the documents he had. Mr. Zimmerle obliged.

Ms. Few said that one concern they had was with taking the water around Casa De Sol to avoid stagnation. Mr. French said that that was the plan.

Commissioner Martin asked for clarification on Ms. Few’s comments concerning item 2 in the letter mentioned above from Mr. French. There ensued a lengthy discussion on the street easement, the location of the street and who should be consulted and who must have permission of whom to put a street though the property. The consensus after the discussion was that with additional meetings between staff and representatives of Tierra de Suenos, a deal could be worked out to the satisfaction of both the City and Tierra de Suenos.

Commissioner Goga made a motion "TO RECOMMEND APPROVAL WITH STAFF RECOMMENDATIONS AND TO LEAVE INTACT THE DEDICATION OF PROPERTY THAT WILL BE USED FOR A PARK OR SIMILAR PUBLIC RECREATION USE ITEM 1 ON THE LETTER TO MS. SHARON FEW AND TO STRIKE ITEM 2 FOR THE EASEMENT AND TO KEEP INTACT ITEM 3". This motion died for lack of a second.

Ms. Few made a suggestion involving an open-ended agreement which was subsequently incorporated into the next motion.

Commissioner Goga made a motion "TO APPROVE THE PRELIMINARY AND FINAL PLAT, WITH THE VARIANCE ON THE CONSTRUCTION AND INSTALLATION OF ALLEYS, THE REQUIRED PLAT MODIFICATIONS, EXECUTION OF A SUBDIVIDER'S CONTRACT AND AN AVIGATION EASEMENT WITH THE SPECIFICS OF PUBLIC LAND DEDICATION TO BE DEVELOPED WITH STAFF PRIOR TO CONSIDERATION BY THE CITY COMMISSION." Seconded by Commissioner Martin. All voted "AYE", passing the motion by a vote of 4-0-0

6. REPORTS.

A. City Planner.

(1) January 2003 Agenda. Housekeeping and one (1) subdivision.

(a) Annual Report.

(b) Terms and Appointments. Everyone except Ms. Paula Dardin has said they would accept reappointment.

(4) Other.

B. City Attorney. None

C. Chairman.

D. Commissioners.

(1) Representative from HAFB.

(2) Representative to County Planning Commission.

(3) General. Commissioner Martin asked for clarification on who owns the property between the curb and the sidewalk. Specifically, he was concerned with vehicles parking on this property. Ms. Few said that usually that piece of property is owned by the City and included in the dedicated right-of-way. As far as parking goes, people can park there as long as parking doesn’t create a hazard. Chairman Sanders asked if the City owns it do they have to mow it. Ms. Few stated that there are ordinances wherein maintenance of the property is the responsibility of the owner. Ms. Few suggested taking the question to the City Attorney or City Commission. Commissioner Martin suggested that a petition be submitted changing the ordinances.

7. PERSONS TO BE HEARD.

8. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Goga 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 3:20 p.m.

Approved: January 8, 2003

/s/ Ginna L. Sanders, Chairman

ATTEST:

/s/ Michael H. Potter, Recording Secretary