___ _, 2000 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

January 9, 2002

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman.

Mr. Daniel Schwebke, First Vice-Chairman.

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

Mr. Preciliano J. Martín, Member.

Mr. Jack M. Glahn, Member.

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. Klad Zimmerle, RLS, agent.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled January 9, 2002, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of three (3) items were to be considered, one (1) under Public Hearing. Recommendations to the City Commission are to be made by the Planning and Zoning Commission for approval or denial of the requests. The City Commission will consider these requests at its meeting of January 22, 2002, to render final decisions.

2. APPROVAL OF AGENDA. Commissioner Dardin made a motion "TO APPROVE THE AGENDA, AS WRITTEN". Seconded by Commissioner Schwebke. All voted "AYE", passing the motion by a vote of 5-0-0.

3. MINUTES OF DECEMBER 5TH REGULAR MEETING, AND DECEMBER 30TH INSPECTION TOUR, 2001. Commissioner Dardin made a motion "TO APPROVE THE MINUTES, AS WRITTEN AND THE INSPECTION TOUR". Seconded by Commissioner Schwebke. All voted "AYE", approving the motion by a vote of 5-0-0.

4. PUBLIC HEARING.

CASE: Z-01-0605(A). PETITIONER: Texas-New Mexico Power Company, Inc., owner, Lance C. Grace and Laura C. Grace, option holders, by Klad Zimmerle, R.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 developed and used for business activities, which would permit storage units. TOTAL AREA: ±6.653 acres. LOCATION: 2080 Hamilton Road. CURRENT LEGAL: A tract of land in the Northeast quarter Southeast quarter of Section 1, T17S, R9E, NMPM, described by metes and bounds as follows: Starting at the Southeast corner of said Section 1 and going North 00 degrees 33 minutes 34 seconds West along the East line of said Section 1 a distance of 611.80 feet; thence North 00 degrees 16 minutes 34 seconds West a distance of 1423.45 feet to the place of beginning of the tract of land herein described; thence South 89 degrees 34 minutes 26 seconds West a distance of 998.36 feet to the East right-of-way line of the Union Pacific Railroad right-of-way; thence North 11 degrees 53 minutes 35 seconds East along said right-of-way line a distance of 307.07 feet; thence North 89 degrees 34 minutes 26 seconds East a distance of 933.63 feet; thence South 00 degrees 16 minutes 34 seconds East a distance of 300.00 to the said place of beginning, and containing 6.653 acres, more or less. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that Texas-New Mexico Power Company, Inc., owns approximately seven acres in Section 1, T17S, R9E, NMPM. Through option holders Lance C. Grace and Laura C. Grace, rezoning of the property has been requested. The proposed rezoning will allow commercial development and use of the acreage, which would include the use of storage units. The property, 2080 Hamilton Road, is zoned "A" (Single Family Dwelling) District. Rezoning the property, as requested, to "D" will not create technical "spot" zoning, as the same district classification exists to the west, west of the railroad fronting on U. S. Highway 54. District "A" zoning abuts the property on three sides. The proposed rezoning to District "D" will open the property to a wide range of allowed uses. Although rezoning to the lesser classification of "D-2" will create a "spot" zone, it would restrict the business uses to "neighborhood business". In addition, "D-2" zoning would create a transition buffer between full business uses on the west and the single family zoning. The 1971 Master Plan designates this property to be developed as residential and trailer. The proposed rezoning will not conform to the Master Plan. The City Attorney noted that New Mexico appellate courts, while not deciding whether spot zoning is always illegal, have enumerated two factors to weigh in deciding if illegal spot zoning has occurred. Those factors include: a) if the use fails to comply with the comprehensive plan, and b) if the use is inconsistent with the surrounding area, grants a discriminatory benefit to the landowner, and/or harms neighboring properties or the community welfare. In this instance, the proposed use does not comply with the comprehensive plan; the Commission must determine whether the second set of factors is present. The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance. An Avigation Easement limiting vertical development to not more than fifty feet (50') above ground level has been drafted. The level of improvements abutting this property does not meet the city's standards. A waiver of protest agreement has been prepared. The roadway for Hamilton Road crosses subject property. Dedication to the City of a thirty-foot (30') wide right-of-way for Hamilton Road is required along with such easements as may be needed for utilities and drainage. Pursuant to Section 29-01-020, of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised on December 17, 2001, in the Alamogordo Daily News, and nine (9) notices were mailed to property owners within the 200 foot legal protest area on December 14, 2001. No protests to the requested rezoning were received. Approval of rezoning can only be recommended to the more restrictive classification of District "D-2" (Neighborhood Business) with the conditions that the use be limited to storage units—enclosed on at least three sides, the execution of the required contracts, and the dedication of the required right-of-way and easements.

Commissioner Schwebke asked if the units must be enclosed by three sides, or no more than three sides. Ms. Few clarified that they must be enclosed by at least three sides. She also stated that D-2 zoning requires use in an enclosed building. This would allow for a storage unit for an RV or Boat without a fourth side which would be the door. Mr. Klad Zimmerle was available to speak for the petition. Mr. Zimmerle stated that the Graces are in the process of purchasing the property from Texas New Mexico Power. They are planning on starting out with two storage units, just to see if the demand for it is there. They’re planning to install automatic lighting for the evening activated by motion sensors in order to not have it lit-up all night. They hope to prove it a viable project. Mr. Zimmerle went on to say that they have almost 1000 feet of depth on the property and the potential is there for a total of sixteen (16) units in the complex. They have a flood zone on the North side of the property that is being avoided for use; also there is an alignment and a ditch section to be filled at the development of the ninth unit or prior to it. Chairman Sanders asked if there would be a problem having the units enclosed on three sides. Mr. Zimmerle stated that they would not have a problem with it. In fact, he stated, they are planning to fully enclose the units—including the RV units. They only would like to have the option to leave one side open for the units where the door is not necessary. Chairman Sanders asked if the three sides includes the roof. Mr. Zimmerle and Ms. Few clarified that the enclosure does include the roofing. However, the wording may need to stipulate that enclosure on at least three sides includes the three sidewalls and a roof. Commissioner Schwebke asked where the East property line is as the road lays now. Mr. Zimmerle answered that the East property line in actually in the West bar-ditch and an additional thirty feet (30’) will be given for Hamilton Road, which will take them back to within two feet (2’) of the power line that runs north and south along there. Also, Commissioner Schwebke asked how many garages would be in each unit. Mr. Zimmerle stated that there are approximately fifteen storage stalls in each unit. He stated that there will be different types of storage units including for personal belongings, so the dimensions of each unit vary from 10’ x 10’ to 10’ x 25’. Commissioner Schwebke asked if the ditch that runs along the North side is going to be moved. Mr. Zimmerle stated that they have worked out an alignment with Engineering Staff which will provide that it stay primarily in its channel and away from the railroad track. They will be moving it slightly to the North in one part. Chairman Sanders asked how they felt about the possible zoning change. Mr. Zimmerle stated that the D-2 zoning is fully acceptable. Commissioner Martin asked about the ninth unit and drainage. Mr. Zimmerle clarified that before they put all the money into moving the ditch the way Engineering Staff would like, they want to see if the project will succeed—which they’ll know by at least the development of the ninth unit. Commissioner Martin also had questions about the drainage ditches. Mr. Zimmerle approached the Commission with the drainage plans on the property to explain the work involved. Commissioner Martin asked what was meant by not creating spot zoning because of being located across the railroad tracks and from an area zoned "D." Ms. Few stated that "D" zoning would not create technical "spot zoning" because it abuts at the railroad tracks. The other lot across the tracks is the Elks Lodge. Commissioner Glahn asked if the curb cut would be the whole length of the property. Mr. Zimmerle stated that the City of Alamogordo has planned to improve it at some point in time. However, the Graces are executing a waiver of protest to allow the City of Alamogordo to do a street assessment if necessary. Ms. Few stated that the maximum width under current standards would be forty feet (40’) and multiple cuts would have to be separated by a distance of twenty feet (20’). Commissioner Glahn asked if they would need to put in a sidewalk. Mr. Zimmerle stated that they would not at this point because of the waiver of protest. Commissioner Martin asked why this area isn’t required to install sidewalks while other cases have required them for residential zoning. Ms. Few explained that the property here has no curb and gutter. There are bar-ditches and at this time, if the road grade is not established, sidewalks are not required. Mr. Zimmerle clarified that the property owner is giving a thirty-foot (30’) easement at the front property for any future improvements—including sidewalk construction. Commissioner Schwebke made a motion "TO RECOMMEND APPROVAL WITH STAFF RECOMMENDATIONS AND D-2 ZONING, AVIGATION EASEMENT, DRAINAGE REQUIREMENTS, AND EXECUTION OF THE WAIVER OF PROTEST". Commissioner Glahn seconded the motion. All voted "AYE", passing the motion by a vote of 5-0-0.

CLOSE PUBLIC HEARING. Chairman Sanders declared the public hearing closed.

5. MISCELLANEOUS.

CASE: M-01-0297(A). PETITIONER: City of Alamogordo, applicant. REQUEST: Approval of Resolution 2002-01 to establish "Reasonable Notice of Meetings" for the Alamogordo Planning and Zoning Commission for the year 2002.

Ms Few reported that In accordance with New Mexico Statutes, the official notice for public meetings is required to be considered at least annually by the Alamogordo Planning and Zoning Commission. Approval of the accompanying resolution is needed to fulfill the requirements of Statutes establishing reasonable notice of meetings and the manner for giving notice of any meeting of the Alamogordo Planning and Zoning Commission. A meeting is considered to be any gathering of a quorum of the voting members of the Commission where business of the Planning and Zoning Commission may be discussed or considered. The notification requirements in the resolution follow both City Ordinances and State Statutes, as follows:

REGULAR MEETINGFive (5) days,

SPECIAL MEETINGTwenty-four (24) hours, and

EMERGENCY MEETINGThree (3) hours.

Staff recommends approval of Resolution 2002-01 determining reasonable notice of meetings for the Alamogordo Planning and Zoning Commission during the year 2002.

Commissioner Schwebke made a motion "TO APPROVE THE RESOLUTION 2002-01". Commissioner Dardin seconded the motion. All voted "AYE", passing the motion by a vote of 5-0-0.

6. REPORTS.

A. City Planner.

(1) February Agenda. Ms. Few reported that there will be the election of officers scheduled for the end of the meeting. There are seven items for the agenda, including three subdivisions, three zonings and one variance.

(2) Annual Report. The annual report was submitted to the Planning and Zoning Commission and requires an action to fulfill the requirement or ordinance 10-14, requiring all boards and commissions to submit an annual report to the City Commission. Attendance and case load averages are all noted and the preference of the Commission that the City of Alamogordo continue to pursue compliance for fencing and screening requirements of junk and salvage yards within the city to improve the appearance of the community.

Commissioner Dardin made a motion "TO APPROVE THE REPORT AS WRITTEN FOR SUBMISSION TO THE CITY COMMISSION." Commissioner Schwebke seconded the motion. All voted "AYE", passing the motion by a vote of 5-0-0.

(3) Other.—none

B. Chairman. As this was to be Commissioner Schwebke’s last meeting and his position on the Commission has expired; Chairman Sanders presented a certificate of appreciation to Daniel Schwebke for serving on the Planning and Zoning Commission for the City of Alamogordo.

C. Commissioners.

(1) Representative from HAFB. Ex-Officio, Robert Jaramillo apologized for having missed the previous meetings, but commented that since the events that took place on September 11th, the Air Force has been doing extra exercises to heighten the security of the base. Also, his Civil Engineering Department has been nominated for the "Curtain Award", which has contributed to his busyness lately. And, on a personal level, Mr. Jaramillo announced that he is a new grandfather.

(2) Representative to County Planning Commission.—none.

(3) General.—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 5-0-0. The meeting adjourned at approximately 2:07 p.m.

Approved: 02/06/02

/s/ Ginna L. Sanders, Chairman

ATTEST:

/s/ J. Gregory Garcia, Recording Secretary