___ _, 2000 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

JULY 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. Mark Urey, Ex-Officio Member.

MEMBERS ABSENT:

None.

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. J. Gregory Garcia, Recording Secretary.

Mr. Michael H. Potter, Engineering.

OTHERS PRESENT:

Mr. Robert J. Jaramillo; Mr. Jeff Whiteside; Mr. Don Whiteside; Ms. Marie Metcalf; Ms. Frances Deater; Ms. Myriam Synder; Ms. Billie Pender; Ms. Wanda Whiteside; Mr. Earl Robertson; and other unidentified persons.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled July 3, 2002, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of two (2) 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 July 23, 2002, to render final decisions.

Chairman Sanders presented a certificate of appreciation to Mr. Robert Jaramillo. He has served on the Planning and Zoning Commission as Ex-Officio from Holloman since 1995. Chairman Sanders also added that hopefully he would be able to come back and serve on the Commission as a regular member, since he will be retired. Mr. Jaramillo expressed his appreciation to the Planning Commission and stated that he just may be back to serve as a regular member on the Planning Commission.

Chairman Sanders also introduced the new Ex-Officio member, Mr. Mark Urey. He will be filling the spot as the new representative of Holloman Air Force Base.

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

3. MINUTES OF JUNE 5TH REGULAR MEETING, AND JUNE 30TH INSPECTION TOUR, 2002. Commissioner 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 of4-0-0.

4. PUBLIC HEARING.

A. CASE: Z-02-0614(A). PETITIONER: Texico Conference Association, Church of Seventh Day Adventists, owner, Earl Robertson, agent, by Jeffrey A. Whiteside and Patricia A. Whiteside, option holder and applicant. 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 business purposes, which could include a child care facility. TOTAL AREA: ± 22,500 square feet. LOCATION: 1301 N. Florida Avenue. CURRENT LEGAL: Lots 18, 19, and 20, Block 82, Alamo Blocks. CURRENT ZONE: District "B" (Two Family Dwelling).

Ms. Few reported that Texico Conference Association Church of Seventh Day Adventists owns Lots 18, 19, and 20, Block 82, Alamo Blocks. The requested rezoning will allow the property to be used for business purposes, which would allow a child care facility, by option holders Jeffrey A. and Patricia A. Whiteside. The property, 1301 N. Florida Avenue, is zoned "B (Two Family Dwelling) District. Rezoning the property as requested, to "D" will create "spot" zoning on the outside edge of a "B" district. The property is located on a major north-south arterial. As proposed, the rezoning would open the property to a wide range of allowed uses. Rezoning to a lesser classification would not allow a child care business. The building on the property was originally used as a church. More recently the facility has also been used as a private school. The 1971 Master Plan designates this property to be developed as low density residential. The proposed rezoning will not conform to the Master Plan and will create a spot (island) of business zoning. 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. Any change in the occupancy (e.g. use) of the property will require full compliance with the Uniform Building Codes (U.B.C.) and other applicable Codes. 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 June 16, 2002, in the Alamogordo Daily News, and twenty-six (26) notices were mailed to property owners within the 200 foot legal protest area on June 17, 2002. Three (3) protests to the requested rezoning have been received which represent 13.735% of the 200-foot legal protest area. Staff recommends approval of the rezoning to District "D" (Business) with the condition that the use be limited to a child care facility only and no other use be allowed, as the type of use will not change significantly from a school to a day care.

Chairman Sanders asked if the Staff recommendation means that if the use were to stop for a day care center, the zoning would revert back to "B" zoning—which would still allow for the church. Commissioner Martin asked if there was a process for the church to be allowed to build on that corner. Chairman Sanders stated that no special process is needed for churches because churches are allowed in any zoning. Ms. Few confirmed that information.

Commissioner Martin stated that in essence, the church went in to that area without any input from the neighborhood, and now wants to change the occupancy into a day care facility. Ms. Few also helped clarify the recommendation by stating the fact that because a school and a daycare facility are not much different in the usage, it would fit. What City staff is concerned with is that if it goes to a full business zoning; any other type of retail business can also go in there. Because the daycare center would be taken out from under the auspices of part of the church ministry, it could not operate in the same location without the change of zoning to business. She went on to say that because of the restrictions on outside activity, the neighborhood business district classification wouldn’t work. It’s not included in professional services for multi-family, so this requested "D" zoning is the least restrictive classification that would allow a full commercial daycare center, and nothing else would be allowed there.

Commissioner Martin also asked if there were any other "D" zonings in the area. Ms. Few stated that there is "D" zoning at the corner of Vermont which is the telephone exchange company. Then, over on Ohio, there is a neighborhood business zoning, as well as at Thirteenth Street and Alaska. Also, south of Twelfth Street, there are multi-family and full business zonings.

Mr. Jeff Whiteside was available to speak for the petition. Mr. Whiteside stated that the sole intention for this piece of property is to provide a daycare center and no other ideas of any other business what so ever. In fact, he stated, the deal with the church is that if the rezoning for the daycare facility is denied, he would not pursue it any further. He went on to say that while he owns the property, he would not allow any other business to go in.

Chairman Sanders asked Mr. Whiteside if he understood the Staff recommendation that the rezoning would revert back to the current zoning if he were to sell the property at any time in the future. Mr. Whiteside stated that he did understand and completely agreed with it.

Commissioner Glahn asked what age group would be in the daycare. Mr. Whiteside answered that it would be the six (6) month to six (6) year old group. Ms. Few asked what the maximum capacity the building could accommodate. Mr. Whiteside answered that it would need to be determined by the State, as they have very strict restrictions on how many children per square feet; however, he stated, it would accommodate approximately eighty (80) to possibly one hundred (100) people. No other questions were necessary from the Commission.

Commissioner Martin made a motion "TO DENY THE REQUEST FOR CASE Z-02-0614(A) TO REZONE THE PROPERTY TO "D" ZONING (BUSINESS) AS IT WILL CREATE SPOT ZONING WHICH WILL DETRACT FROM THE NEIGHBORHOOD." Commissioner Glahn seconded the motion.

Commissioner Dardin and Chairman Sanders opposed the motion. The motion tied with a vote of 2-2-0. The case will be sent to the City Commission with NO RECOMMENDATION.

B. CASE: Z-02-0615(A). PETITIONER: Frances E. Deater, owner, by Marie Metcalf, applicant. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "G" (Trailer); which, if approved, would allow the property to be used/developed for either one site constructed single family dwelling unit or one single family manufactured housing unit. TOTAL AREA: ± 8,736.51 square feet. LOCATION: 520 Brady Drive. CURRENT LEGAL: The South 58.29 feet of the East 149.88 feet of Tract B, Loma Vista Subdivision. CURRENT ZONE: District "A" (Single Family Dwelling).

Frances E. Deater owns the South 58.29 feet of the East 149.88 feet of Tract B, Loma Vista Subdivision. The proposed rezoning will allow the property to be used and developed for either a single family site constructed dwelling unit or a single family manufactured housing unit. The property, 520 Brady Drive, is zoned "A" (Single Family Dwelling) District. The 1971 Master Plan designates this property to be developed as low density residential. The level of improvements abutting this property does not meet the City's standards. A waiver of protest agreement has been prepared. 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 June 16, 2002, in the Alamogordo Daily News, and seventeen (17) notices were mailed to property owners within the 200 foot legal protest area on June 17, 2002. One (1) protest to the requested rezoning has been received. The protest represents 1.6 percent (1.6%) of the 200-foot legal protest area. Staff recommends approval of the rezoning to District "G" (Trailer), given the surrounding zoning and uses.

Ms. Marie Metcalf was available to speak for the petition. Ms. Metcalf is Ms. Frances Deater’s sister and represented her for this case. Ms. Metcalf stated that all the information is pretty much complete, so there isn’t much to add to it. She stated that she owns the property at the north side and also one of the properties to the south of this particular property.

Commissioner Glahn asked for clarification on the gutters, curb cuts, sidewalks and other improvements contained in the waiver of protest. Ms. Few stated that rezoning would not trigger the requirement for this property owner to install those improvements, but because there is land use change being proposed on this site, we have requested the waiver of protest agreement be executed—which the property owner and heirs and assigns would waive any protests to an assessment district should the City of Alamogordo go in and do the improvements under an assessment. She also stated that this is the standard procedure and format. Ms. Metcalf requested clarification on the waiver of protest. Chairman Sanders explained that by signing the waiver, she would waive the right to protest the assessment of paving of the street, or installation of the sidewalks, etc., if the City of Alamogordo were to decide to do this at any time in the future. It was further explained that she (and any other property owner) would be charged for improvements and would have the right to protest the amount of the assessment district, however she would not be able to protest the actual assessment district itself.

Commissioner Glahn asked if the water and sewer would be the property owner’s responsibility. Ms. Metcalf stated that she understood that water is available on Palo Verde. She went on to say that the property is on Brady Drive, but there is not a water main there, so they will need to tap the water line and run it to the Palo Verde address to access the City water. The sewer system will have to be on a septic tank, and the Environmental Department has already approved the location. Chairman Sanders requested that if the request goes forward, the sewer line be checked out because she was sure that there is a sewer line close by. Ms. Few stated that she would check into it, however she was very sure that there is not a City sewer line accessible to serve that address.

Commissioner Martin asked if the property where Ms. Metcalf now resides is on a septic system. Ms. Metcalf answered that where she resides and the property to the front are two different places. The property to the North is connected to a City sewer line, as are all the residences on Palo Verde. She also stated that since she first owned property there in the 1970’s, sewer has not ran on Brady, and this residence is the only one on Brady. Commissioner Martin commented that the sewer line does exist then, however it’s approximately 150’ from the property. Ms. Metcalf stated that she would like to be able to hook into the City sewer line, however they don’t want to have to run it uphill.

Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF CASE Z –02-0615(A)" Commissioner Martin seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

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

5. REPORTS.

A. City Planner.

(1) August Agenda. Ms. Few reported that there will be a need for a meeting in August as there are items on the agenda already.

(2) Other. Ms. Few introduced Mr. Mark Urey to the Commission as the new representative from Holloman. Also, Ms. Few introduced Mr. Michael Potter, who is a new member of the Engineering staff and will be assisting with the recording secretary duties for the Planning and Zoning Commission. He also assisted this past month in getting the information packets together for the Commission. Ms. Few reported that the City Commission voted to leave the water rates in place. There will not be any moratoriums, rebates, or waivers. She stated that part of their reasoning is because there are too many people who are really making an effort to conserve water and the majority of the complaints are from people who are meeting or exceeding their water consumption from the same time frame one year ago.

B. Chairman. – None.

C. Commissioners.

(1) Representative from HAFB. Mr. Urey stated that he was glad to be on the Planning Commission and hopes to be able to contribute.

(2) Representative to County Planning Commission. –None.

(3) General. The Planning Commission discussed the water rate issues as well as the sewer systems allowed inside City limits.

8. PERSONS TO BE HEARD - None.

9. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Dardin made a motion "TO ADJOURN". Seconded by Commissioner Martin. All voted "AYE", passing the motion by a vote of 4-0-0. The meeting adjourned at approximately 2:07 p.m.

Approved: August 7, 2002

/s/Ginna L. Sanders, Chairman

ATTEST:

/s/J. Gregory Garcia, Recording Secretary