June 5, 2002 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

June 5, 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.

Ms. Fern Eckenberg, Recording Secretary.

Mr. Patrick Vandergriff, Code Enforcement Administration Supervisor

OTHERS PRESENT:

Mr. Keith Salcedo, Mr. David Ceballes Mr. Mike Hooser, Mr. Klad Zimmerle, RLS, agent; Mr. Barry Burke, PE, agent; Mr. Mike Kalin; Mr. Matt McNeil, Parks and Recreation Director; Mr. Dale Emrich, Engineering GIS technician; Mr. Paul Light, P.S., agent; Mr. Dean Hunt, Engineer; and other unidentified persons.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled June 5, 2002, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of seven (7) 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 June 25, 2002, to render final decisions.

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

3. MINUTES OF MAY 1ST REGULAR MEETING, AND JUNE 2ND 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 of 4-0-0.

4. PUBLIC HEARING.

A. CASE: Z-02-0613(A). PETITIONER: George M. Manolovich and Eva A. Manolovich, owners, by Keith Saucedo, agent. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "G" (Trailer), or a more restrictive classification; which, if approved, would allow the property to be used/developed for either a single family site constructed or manufactured housing unit. TOTAL AREA: ± 1.25 acre. LOCATION: 2405 Holly Avenue. CURRENT LEGAL: Lot 7, Government Subdivision #2 of Section 12, T17S, R9E, NMPM. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that George M. Manolovich and Eva A. Manolovich own Lot 7, Government Subdivision #2 of Section 12, T17S, R9E, NMPM. The proposed rezoning will allow either a single family site constructed house or a single family manufactured housing unit. The property, 2405 Holly Avenue, is zoned "A" (Single Family Dwelling) District. "G" zoning exists in the area. The 1971 Master Plan designates this property to be developed as trailer and residential. 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 parcel does not meet City standards. A Waiver of Protest Agreement has been drafted for the property. 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 May 19, 2002, in the Alamogordo Daily News, and nine (9) notices were mailed to property owners within the 200 foot legal protest area on May 16, 2002. One protest to the requested rezoning was received and it represents seventeen percent (17%) of the 200 foot legal protest area. Because of requested rezoning does conform to the master plan and there is light zoning in the area; staff recommends approval of the rezoning to District "G" (Trailer).

Mr. Keith Salcedo was available to speak for the petition. Mr. Salcedo stated that they are wanting to conform with the rest of the area. Commissioner Glahn asked where Holly Street is because he could not find it on the map. Mr. Salcedo stated that it’s off of Wright Street. South of town there is now a turn lane to turn near the new Baptist church; right across the street from that is Holly Avenue. Commissioner Martin stated that there is a lot of vacant land out there. No other questions were necessary from the Commission.

Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF CASE Z-02-0613(A)." Seconded by Commissioner Glahn. All voted "AYE", passing the motion by a vote of 4-0-0.

B. CASE: V-02-0457(A). PETITIONER: David L. Ceballes and Angelina B. Ceballes, owner. REQUEST: Approval of a variance of eight feet three inches (8'3") from Section 29-03-040, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing rear yard setbacks; which, if approved, would allow the construction of an addition to the house that would be twelve feet (12') from the east property line, rather than the twenty foot three inch (20'3") setback required by Code. TOTAL AREA: ±10,342.7 square feet. LOCATION: 2106 Snow Drive. CURRENT LEGAL: Lot 12, Block 4, Alamogordo Estates. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that David L. Ceballes and Angelina B. Ceballes own Lot 12, Block, 4, Alamogordo Estates Subdivision. The owners plan to have an addition built on the back of their three bedroom two bath home. The property, 2106 Snow Drive, is zoned "A" (Single Family Dwelling) District. The 1971 Master Plan designates this property to be developed as low density residential. A rear yard of thirty feet (30') or twenty percent (20%) of the lot depth, whichever is less, is required. A rear yard of twenty feet three inches (20'3") is needed for the depth of the lot at the northeast corner of the property. The proposed addition, sixteen feet by fifty feet (16'x50'), is to be constructed with a rear yard setback of twelve feet (12'). Therefore a variance of eight feet three inches (8'3") has been requested to allow the construction as desired. A variance to dimensional regulations may be granted where: (1) such action will not be materially detrimental to the public interest; and (2) such action, will not grant a discriminatory benefit to the land owner and/or harm neighboring properties; and (3) such action, owing to conditions peculiar to the property or the neighborhood and not the result of actions or the situation of the applicant, a literal enforcement of the Code of Ordinances of the City of Alamogordo, New Mexico, and not in conflict with any other adopted code, would result in practical difficulties or unnecessary hardship. No justification of hardship, beyond the control of the applicant, accompanied the application to support the requested variance. Pursuant to Section 29-01-070(c), of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised May 19, 2002, in the Alamogordo Daily News, and thirty-nine (39) notices were mailed to property owners within the 200 foot legal protest area on May 16, 2002. No protests to the requested variance were received; however. Staff submitted no objection to approval of the requested variance.

Mr. David Ceballes was available to speak for the petition. Mr. Ceballes stated that he and his wife moved to Alamogordo in 1993. They purchased a VA repo at 2106 Snow Drive and now have four kids, so they are running out of space. He stated that this particular lot is a large and pie shaped and although they would lose some of the back yard area, they will need to add to their home. The corner of the house will be twelve feet (12’) from the back of the wall, however that wall on the back yard is actually to an alley way with a drainage ditch. This makes the closest neighbor to the rear about 120 feet away. The improvements to the house will make a big improvement to the neighborhood as well because it is rather ugly back there. Mr. Ceballes thanked the Planning Department for the efforts in helping them through the variance request and requested the support of the Planning Commission.

Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF CASE V-02-0457(A)." Commissioner Glahn seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

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

5. MISCELLANEOUS.

CASE: M-02-0300(A). PETITIONER: CMT, LLC, owner. REQUEST: Approval of a revision to the site plan of Desert Paradise Mobile Home Park to re-dimension and renumber lots, relocate internal roads, relocate utilities, and to allow the placement of recreational vehicles; with a variance on the minimum area required to be reserved for manufactured housing units. TOTAL AREA: ±16.9 acres. LOCATION: 1090 U.S. Highway 70 W. CURRENT LEGAL: Lot 2, Price Subdivision. CURRENT ZONE: District "G-2" (Trailer Court).

Ms. Few reported that CMT, LLC, owns Lot 2, Price Subdivision. Pursuant to Article 25-02, of the Code of Ordinances of the City of Alamogordo, New Mexico, a development plan to change the layout of Desert Paradise Mobile Home and RV Park has been submitted for review and approval. The property, 1090 US Highway 70 W, is zoned "G-2" (Trailer Court) District, which allows of a mobile home park with a detailed development plan approved by the City Commission. The 1971 Master Plan designates this property to be developed as light industrial. The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance. An Avigation Easement limiting vertical development was executed previously. A detailed development plan of the proposed park, certified by a licensed surveyor or engineer and accompanied by a development permit (per Chapter 13) is required. All mobile home parks are required to be a minimum of two (2) acres in size and shall not contain more than eight (8) mobile housing units per gross acre. As proposed the park will contain 0.67 acres reserved for manufactured housing units and 16.23 acres for recreational vehicles. The density for the entire park will however be only 6.6 units per gross acre. Because of the low density of the park, staff supports a variance on the area dedicated to full manufactured housing units. Spacing and setbacks meet or exceed the standards required for the proposed uses. All water lines, sewer lines and fire hydrants meet or exceed the required standards. Internal street improvements meet or exceed the required standards. The common area has been expanded and meets or exceeds the required standards. The planning and zoning commission shall determine if the proposed park conforms to this and other applicable ordinances and shall recommend to the city commission approval or denial of the development plan. The planning and zoning commission may also recommend such conditions as may be necessary to promote safety, appearance and proper land use. Mobile home parks shall be developed only in accordance with the terms of approval by the City Commission of a development plan. Staff recommends approval of the revised site plan for Desert Paradise Mobile Home and RV Park with the variance on the required area for manufactured housing units.

Mr. Mike Hooser was available to speak for the petition. Mr. Hooser stated that he would answer any questions that the Commission would have on this petition. Commissioner Martin commented that the park was hard to find. Mr. Hooser stated that they recently had a large sign put up, so hopefully that would help. No other questions were necessary from the Commission.

Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF CASE M-02-0300(A).

Commissioner Glahn seconded the motion. All voted "AYE," passing the motion by a vote of 4-0-0.

6. SUBDIVISIONS.

A. CASE: S-02-0741(A). PETITIONER: Christ Community Church, Inc., owner, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of the final plat of NORTH SCENIC SUBDIVISION UNIT 4, REPLAT A OF LOT 1 for five (5) 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 and private access, private wells, and septic tank systems; located outside the City of Alamogordo, but within its planning and platting jurisdiction. TOTAL AREA: ±9.162 acres. LOCATION: 2910 N. Scenic Drive. CURRENT LEGAL: Lot 1, North Scenic Subdivision, Unit 4. CURRENT ZONE: No zoning, outside the City.

Ms Few reported that Christ Community Church, Inc., owns 9.162 acres in Section 5, T16S, R10E, NMPM, known as Lot 1, North Scenic Subdivision Unit 4. Development of the property into five (5) lots, each at least 1.10 acre, is proposed together. The property has no zoning since it is located outside the City of Alamogordo. The 1971 Master Plan designates this property as high density. Through alleys, having a width of twenty feet (20') are required in each block. The applicant has requested a variance to this requirement. As the subdivision is located outside the City of Alamogordo and will be developed to Otero County standards, staff supports approval of this variance. 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. The developer has requested a variance to this requirement. 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. The name and right-of-way width of each street or other right-of-way on or adjacent to the tract are required on the plat. Right-of-way widths are not shown on the plat for Scenic Drive. This must be corrected prior to consideration of the subdivision by the City Commission. 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. Drainage facilities shall be designed for the 50 year, 24 hour storm event under developed conditions and evaluated for failure and/or property damage during the 100 year, 24 hour storm event. On-site ponding is permitted on lots over ten thousand square feet (10,000 sf) in size and the drainage area is confined to subject lot. If on-lot ponding is technically infeasible, drainage or ponding in a common retention/detention pond may be permitted. Design calculations shall be in accordance with the appropriate USDA/SCS method. The design, data and calculations certified by a registered engineer are required to be provided and approved by staff prior to consideration of the subdivision by the Planning and Zoning Commission. 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. A variance from the requirements of the City's development standards has been requested. The level of improvements for the subdivision will comply with the County's standards (individual private wells and individual septic tank systems). Serious concerns were noted regarding the use of the City's water line easement as a private road, as noted in the memo from the Public Works Director. In addition to the conditions given by the Public Works Director, relative to the paving of the waterline easement, the Engineering Department recommends that an additional condition be placed on the subdivision. The additional condition should put the applicant and future property owners on notice, at a minimum through the disclosure statement and on the subdivision plat, that the existing waterline is subject to repair and/or replacement and that any cost to replace/repair the road would be at the expense of the property owner(s). 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. 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. Consideration by the County Planning Commission is scheduled. Staff recommends approval of the final plat of NORTH SCENIC SUBDIVISION UNIT 4, REPLAT A OF LOT 1, with the requested variances (on alleys, on public land dedication, and on the construction of utilities and streets to City standards, and time for filing the plat) is supported by staff with required plat correction, public disclosure of the conditions on the road, and submittal of the required drainage report prior to consideration of the plat by the City Commission.

Mr. Klad Zimmerle, Burke and Associates, was available to represent this petition. Mr. Zimmerle stated that this is going to be a development immediately to the East of Christ Community Church.

There are some nice little rolling hills and some nice lots. There will be paved roads and enough room for emergency vehicles to turn around. Mr. Zimmerle also stated that in working with staff they have located the Easternmost waterline and they will move the road easement far enough to the East, so that all construction occurs outside of the easement to make sure there is no danger to the water line. However, it also will be located and marked first. He stated that he believes they have met all the requirements noted by staff.

Commissioner Glahn asked where the water will be taken from as well as what type of sewage systems will be used for these lots. Mr. Zimmerle answered that they will all have individual wells and septic systems. No other questions were necessary from the Commission.

Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF CASE S-02-0741(A) WITH STAFF RECOMMENDATIONS." Commissioner Martin seconded the motion. All voted "AYE," passing the motion by a vote of 4-0-0.

B. CASE: S-02-0742(A). PETITIONER: J. Michael Kalin, owner, by Barry Burke, P.E., agent. REQUEST: Approval of the final plat of WESTERN ACRES SUBDIVISION, REPLAT A, for sixteen (16) lots; with variances on the construction and installation of alleys and on the dedication of public land; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±6.165 acres. LOCATION: 1459 - 1489 U. S. Highway 70 W. CURRENT LEGAL: Lots 1 though 4, Western Acres Subdivision. CURRENT ZONE: District "D" (Business).

Ms. Few reported that J. Michael Kalin owns Lots 1 though 4, Western Acres Subdivision within the City of Alamogordo. Approval of the final plat of WESTERN ACRES SUBDIVISION, REPLAT A, for sixteen (16) lots has been requested. The property, 1459 -1489 U. S. Highway 70 W, is zoned "D" (Business) District. The 1971 Master Plan designates this property to be developed as light industry. 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. Through alleys, having a width of twenty feet (20'), are required in each block. Variances to this requirement have been approved by the Alamogordo City Commission for other subdivisions in the area. The name and right-of-way width of each street or other right-of-way on or adjacent to the tract are required on the plat. Right-of-way widths are not shown on the plat for any of the streets, except Short Cut Court. This must be corrected prior to the filing of the plat for US Highway 70 and Enterprise Avenue. 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 was provided as required. It is recommended by the Engineering Department that the applicant be required to dedicate a twenty foot (20') wide drainage easement along the south boundary of the subdivision. This easement would provide for the existing drainage that flows along the block wall on the south side of the subdivision as well as provide a flow path for runoff from the higher lots within the subdivision to run across the lower lots within the subdivision. In addition, the historical flow path's that run onto the property along the eastern edge of the subdivision either need to be preserved or other options (i.e. drainage easement along the east boundary of the subdivision) need to be provided so that the historical flows can be diverted south. How these flows are to be provided for should be determined prior to final plat approval. 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. A maximum of 0.2176 acres would be due the City for dedication: A variance to the public land dedication requirement has been requested on the application. All rough grading and shaping of lots to be in compliance with Chapters 29 and 70 of the 1991 Uniform Building Code (U.B.C.). The applicant(s) should take particular note of the requirements of Section 2907(d)5 and Section 7012(d) as it relates to the drainage of the rear lots. The installation of street improvements, in accordance with the "Technical Standards" is required. The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required. 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. Staff recommends approval of the final plat of WESTERN ACRES SUBDIVISION, REPLAT A, with the variance on alleys, with public land dedication, the execution of the required contracts, and the required plat corrections.

Chairman Sanders asked what the amount of public land dedication would be for this size of acreage. Ms. Few answered that is would be just under a quarter of an acre—(.2176 acres). Mr. Barry Burke was available to speak for the petition. Ex-officio Jaramillo asked what the City of Alamogordo would do with the quarter acre of public land dedication. Ms. Few answered that it’s a matter of consolidating properties for public development. Mr. Burke stated that Mr. Michael Kalin who is the owner, was also available for questions. Commissioner Martin asked how the City of Alamogordo would identify the public land dedication when its not on the map. Ms. Few answered that it would be required to be identified on the plat before it is filed. Commissioner Martin also asked if the City would have a recommendation as to where the quarter acre would be. Ms. Few stated yes, and that in working with the developer, staff would come up with a recommendation. Ms. Few also stated that Mr. Matt McNeil, Director, Parks and Recreation Department, was present and very willing to work with the developers on such locations.

Mr. Kalin spoke to the Commissioner to say that the purpose of the subdivision is for a childcare development community. Each residence will have its own play area for children and he asked that the Commission recommend approval for the variance because each property will have an area designed in it, a recreation and play area for children. Mr. Kalin stated that he hopes to have a community in which five to ten children may be attended to in each home as classroom sizes are growing in public schools. therefore requests the approval of the subdivision.

Commissioner Dardin asked if the area needs to be rezoned to incorporate single family residences. Ms. Few answered no, because residences can be built in any zoning district. There would be nothing to prohibit new businesses from going there in the future because it is zoned "business" or any private residences out of the school setting. Also, Ms. Few stated, public land dedication is not just for the Parks Department, but for any public use of the City of Alamogordo. Ms. Few stated that she had not heard before this, about the proposed development and commented to Mr. Kalin that anything he would like to provide as further support, regardless of the Commission’s recommendation, would be gladly included in the packet for the submittal to the City Commission.

Commissioner Glahn asked how many houses they are anticipating to put on the six acres. Mr. Kalin stated that on the blueprints they show 4.352 acres dedicated to fourteen houses. There are sixteen lots total. The last two will be kept for commercial purposes, as he is the owner of Best Buy Auto Sales and will use these lots for his business. Mr. Kalin finished by saying that the commercial and residential properties will be separated with a wall. No other questions were necessary from the Planning Commission.

Commissioner Martin made a motion "TO RECOMMEND APPROVAL OF THE FINAL PLAT FOR CASE S-02-0742(A) WITH THE VARIANCES ON ALLEYS AND WITH THE PUBLIC LAND DEDICATION AS RECOMMENDED BY STAFF." Commissioner Glahn seconded the motion. Commissioner Dardin and Chairman Sanders voted against the motion. The motion passed by a vote of 2-2-0.

C. CASE: S-02-0745(A). PETITIONER: City of Alamogordo, owner, by George P. Light, P.S., agent. REQUEST: Approval of the preliminary and final plat of MONTE VISTA CEMETERY SUBDIVISION, BLOCKS J, K, L, & M, for 1722 plots; with variances on the construction and installation of alleys, on the minimum size of lots, 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: ±1.5769 acres. LOCATION: 1590 E. First Street. CURRENT LEGAL: Know all men by these presents, that the City of Alamogordo, Otero County, New Mexico, a municipal corporation, is the owner of a certain tract of land situated in the Northeast quarter of the Northwest quarter of Section 29, Township 16 South, Range 10 East, N.M.P.M., being more particularly described by metes and bounds as follows: Starting at the North one-quarter corner of Section 29, Township 16 South, Range 10 East, N.M.P.M. and going South 05º 47' 46" West a distance of 410.28 feet to the place of beginning of the tract of land herein described; thence South 00º 14' 54" East a distance of 105.00 feet; thence South 89º 45' 06" West a distance of 60.00 feet; thence South 00º 14' 54" East a distance of 137.00 feet; thence North 89º 45' 06" East a distance of 50.00 feet; thence South 00º 14' 54" East a distance of 5.00 feet; thence North 89º 45' 06" East a distance of 10.00 feet; thence South 00º 14' 54" East a distance of 396.00 feet; thence South 89º 45' 06" West a distance of 120.00 feet; thence North 00º 14' 54" West a distance of 633.00 feet; thence North 89º 45' 06" East a distance of 20.00 feet; thence North 00º 14' 54" West a distance of 10.00 feet; thence North 89º 45' 06" East a distance of 100.00 feet to the place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that The City of Alamogordo owns 1.5769 acres in Sections 29, T16S, R10E, NMPM, within the City of Alamogordo. Approval of the preliminary and final plat of MONTE VISTA CEMETERY SUBDIVISION, BLOCKS J, K, L, & M acres has been requested. Subject subdivision is for the development of 1722 additional cemetery plots. The property, 1590 E. First Street, is zoned "A" (Single Family Dwelling) District. The 1971 Master Plan designates this property to be developed as public, parks and schools. Through alleys, having a width of twenty feet (20'), are required in each block. The Alamogordo City Commission for other subdivisions in the area has approved variances to this requirement. A drainage report sealed by a professional engineer, registered in the State of New Mexico, is required. The subdivision is for the development of cemetery plots rather than conventional construction. Therefore, a variance to the requirement of a drainage report is supported. 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. The entire subdivision is public land. The installation of street improvements, in accordance with the "Technical Standards" is required. No public streets are planned. A variance has been requested by the developer regarding improvements. The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required. No utilities are need for the subdivision. A variance to the requirement of utility installation is appropriate. Lot dimensions shall not be less than sixty feet (60') wide nor less than 6,000 square feet in area. As the lots are for burial and cremation internment, a variance to the lot dimension requirement is appropriate. Staff recommends approval of the preliminary and final plat of MONTE VISTA CEMETERY SUBDIVISION, BLOCKS J, K, L, & M, with the requested variances is supported.

Chairman Sanders asked if the cases may be voted on together in one motion. Ms. Few stated that Mr. Dale Emrich, GIS Division, and Mr. Matt McNeil, Director, Parks & Recreation; were both present for the meeting so that would be fine. No questions were necessary from the Planning Commission.

Commissioner Dardin made a motion "TO RECOMMEND APPROVAL FOR CASE S-02-0745(A) AND CASE S-02-0746(A) WITH VARIANCES AS RECOMMENDED BY STAFF." Commissioner Glahn seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

D. CASE: S-02-0746(A). PETITIONER: City of Alamogordo, owner, by George P. Light, P.S., agent. REQUEST: Approval of the preliminary and final plat of MONTE VISTA CEMETERY SUBDIVISION, BLOCKS N & O, for 2448 plots; with variances on the construction and installation of alleys, on the minimum size of lots, 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: ±0.3729 acres. LOCATION: 1590 E. First Street. CURRENT LEGAL: A tract of land situated in the Northwest quarter of the Northeast quarter of Section 29, and the Southwest quarter of the Southeast quarter of Section 20, Township 16 South, Range 10 East, N.M.P.M., being more particularly described by metes and bounds as follows: Starting at the North one-quarter corner of Section 29, Township 16 South, Range 10 East, N.M.P.M. and going North 85º 17' 19" East a distance of 249.54' feet to the place of beginning of the tract of land herein described; thence North 90º 00' 00" East a distance of 144.00 feet; thence South 00º 00' 00" East a distance of 96.00 feet; thence North 90º 00' 00" East a distance of 5.00 feet; thence South 00º 00' 00" East a distance of 54.00 feet; thence North 90º 00' 00" East a distance of 9.00 feet; thence South 00º 00' 00" East a distance of 54.00 feet; thence North 90º 00' 00" East a distance of 9.00 feet; thence South 00º 00' 00" East a distance of 18.00 feet; thence North 90º 00' 00" West a distance of 18.00 feet; thence North 00º 00' 00" East a distance of 18.00 feet; thence North 90º 00' 00" West a distance of 9.00 feet; thence North 00º 00' 00" West a distance of 18.00 feet; thence North 90º 00' 00" West a distance of 18.00 feet; thence North 00º 00' 00" West a distance of 18.00 feet; thence North 90º 00' 00" West a distance of 18.00 feet; thence North 00º 00' 00" West a distance of 18.00 feet; thence North 90º 00' 00" West a distance of 18.00 feet; thence North 00º 00' 00" West a distance of 36.00 feet; thence North 90º 00' 00" West a distance of 18.00 feet; thence North 00º 00' 00" West a distance of 42.00 feet; thence North 90º 00' 00" West a distance of 14.00 feet; thence North 00º 00' 00" West a distance of 18.00 feet; thence North 90º 00' 00" West a distance of 18.00 feet; thence North 00º 00' 00" West a distance of 18.00 feet; thence North 90º 00' 00" West a distance of 18.00 feet; thence North 00º 00' 00" West a distance of 18.00 feet; thence North 90º 00' 00" West a distance of 18.00 feet; thence North 00º 00' 00" West a distance of 18.00 feet. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that The City of Alamogordo owns 0.3729 acres in Sections 20 and 29, T16S, R10E, NMPM, within the City of Alamogordo. Approval of the preliminary and final plat of MONTE VISTA CEMETERY SUBDIVISION, BLOCKS N & O acres has been requested. Subject subdivision is for the development of 2,448 additional cemetery plots. The property, 1590 E. First Street, is zoned "A" (Single Family Dwelling) District. The 1971 Master Plan designates this property to be developed as public, parks and schools. Through alleys, having a width of twenty feet (20'), are required in each block. The Alamogordo City Commission for other subdivisions in the area has approved variances to this requirement. A drainage report sealed by a professional engineer, registered in the State of New Mexico, is required. The subdivision is for the development of cemetery plots rather than conventional construction. Therefore, a variance to the requirement of a drainage report is supported. 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 The entire subdivision is public land. The installation of street improvements, in accordance with the "Technical Standards" is required. No public streets are planned. A variance has been requested by the developer regarding improvements. The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required. No utilities are need for the subdivision. A variance to the requirement of utility installation is appropriate. Lot dimensions shall not be less than sixty feet (60') wide nor less than 6,000 square feet in area. As the lots are for burial and cremain internment, a variance to the lot dimension requirement is appropriate. Staff recommends approval of the preliminary and final plat of MONTE VISTA CEMETERY SUBDIVISION, BLOCKS N & O, with the requested variances is supported.

Chairman Sanders asked if the cases may be voted on together in one motion. Ms. Few stated that Mr. Dale Emrich, GIS Division, and Mr. Matt McNeil, Director, Parks & Recreation; were both present for the meeting so that would be fine. No questions were necessary from the Planning Commission.

Commissioner Dardin made a motion "TO RECOMMEND APPROVAL FOR CASE S-02-0745(A) AND CASE S-02-0746(A) WITH VARIANCES AS RECOMMENDED BY STAFF." Commissioner Glahn seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

7. REPORTS.

A. City Planner.

(1) July Agenda. Ms. Few reported that a total of six (6) cases were on the agenda for July.

(2) Other. Also there is one vacancy on the regular membership; and for the HAFB representation, there is a continuance of a few months.

B. Code Administration Supervisor. Mr. Vandergriff submitted a report to the Planning Commission. Mr. Vandergriff stated that there is a tremendous amount of activity going on in the Code Enforcement Division. To try and give an idea, up until 1995 the most cases handled for ordinance violations in the City of Alamogordo was about 300. In 1996, Mr. Vandergriff stated, he had four field inspectors plus himself and now he has three field inspectors plus himself and have exceeded every bit of last years activity that shows on the reports for those years. He also stated that there will be about 250 active cases per inspector—who also do all the building, plumbing, mechanical and electrical inspection, and also the backflow prevention testing.

Basically, the only reason we’ve been able to even to what we have been able to do is because of the modern technology of computers. Even then, there are errors in which we send the violation letter to the wrong person. However, he stated, we would rather upset maybe two or three people out of three or four thousand than handle only two to three hundred complaints all year. Also, Mr. Vandergriff stated that there are several members of staff present that could testify to the fact that every Fall he needs to take about ten days off per doctors orders because of getting completely overwhelmed during the summer—from May through October. There are more watering violations, building permits, code violations, etc. We will probably triple last years rate at the rate that we’re going. The other thing is that lately Fern Eckenberg has provided support from her department and that has sure helped.

Mr. Vandergriff also stated that he tries to keep tract of meetings that go on that include the Code Division and the information provided was to let the Planning Division know what all goes on in the department.

Commissioner Martin stated that there are quite a few junk vehicles and trashy lots within the City of Alamogordo, however, the approaches into the City are what really gives it the bad appearance. Mr. Vandergriff stated that this was true however, we have been trying to fight this losing battle for years and it has been improved greatly. In fact, at a recent staff meeting, Sharon Few stated that she received a call from a gentleman wanting to get a copy of our ordinances because he thinks that we’ve got the cleanest community in the State.

Chairman Sanders agreed in saying that the problems were worse years ago. Commissioner Martin and others on the Planning Commission suggested many ideas in which to get messages to people to start taking pride in the community and start cleaning their properties. Also included in the comments were concerns about inoperable vehicles, trash, watering and the plastic bags from Wal-Mart and other stores.

Mr. Vandergriff finished by saying that the Code Enforcement Division is asked to take a great deal of pride in their work and they do work very hard at enforcing the ordinances as well as inspecting the buildings in Alamogordo. In fact, most other municipalities do not handle both of these responsibilities in one department.

C. Chairman.—Chairman Sanders stated that the Planning and Zoning Commission will try and help the Code Enforcement Division as much as possible to help in trying to get people to beautify the community. Also Chairman Sanders stated that there are still some concerns about apartment complexes watering at night. Mr. Vandergriff stated that we are still trying to find all the registered wells in Alamogordo to identify which ones to give citations to and which not to. The problem is, he stated, is that the State Engineer’s Office doesn’t easily provide any of that information.

D. Commissioners.

(1) Representative from HAFB.—None

(2) Representative to County Planning Commission.—None

(3) General.—None

8. PERSONS TO BE HEARD - None.

9. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Glahn made a motion "TO ADJOURN". Seconded by Commissioner Dardin. Commissioner Martin was out of the room and did not vote on the adjournment. All voted "AYE", passing the motion by a vote of 3-0-0. The meeting adjourned at approximately 3:00 p.m.

Approved: July 3, 2002

Ginna L. Sanders, Chairman

ATTEST:

J. Gregory Garcia, Recording Secretary