November 6, 2002 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

NOVEMBER 6, 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 S. Urey, HAFB Ex-Officio Member.

MEMBERS ABSENT:

Mr. Mark S. Goga. Member.

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. William S. Kirschner, City Attorney.

Mr. Michael Potter, Recording Secretary.

OTHERS PRESENT: Ms. Susan Moss, OCEDC; Mr. Bob Evans, White Sands Mall; Mr. Richard McWhirter; Ms. Marilyn Stage; Ms. E. G. Meents; Mr. Klad Zimmerle, PLS; Ms. Juanita Randall; Mr. Jim Randall; Mr. Mark Millis, Lowe’s Home Improvement Warehouse; Ms. Brigitte Stagner, PE, Wilson and Co.; Mr. Clay Russell; Mr. Robert Ortiz; Mr. C. Michael Shyne, West Source V; and other unidentified persons.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled November 6, 2002, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of five (5) 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 November 26, 2002, to render final decisions.

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

3. MINUTES OF OCTOBER 9TH, 2002, SPECIAL MEETING, AND NOVEMBER 3RD, 2002 INSPECTION TOUR. Commissioner Dardin 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.

CASE: Z-02-0618(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 an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "D" (Business); which, if approved, would allow the property to be used/developed for a commercial business. TOTAL AREA: ± 1.084 acre. LOCATION: 101 and 121 Cottonwood Drive. CURRENT LEGAL: A tract of land in Lot 3, Silver Subdivision, Alamogordo, Otero County, New Mexico described by metes and bounds as follows: Beginning at the Southwest corner of said Lot 3 and going North 00 degrees 00 minutes 40 seconds East along the West line of said Lot 3 a distance of 541.76 feet; thence South 18 degrees 49 minutes 30 seconds East a distance of 433.65 feet; thence South 00 degrees 00 minutes 40 seconds West a distance of 132.68 feet; thence North 89 degrees 26 minutes 20 seconds West a distance of 140.02 feet to the said place of beginning. CURRENT ZONE: District "C" (Multi-family Dwelling).

Ms. Few briefed those present. The rezoning will bring the zoning on re-configured Lot 1A under one classification, "D" (Business). As proposed, a buffer of District "C" (Multi-family Dwelling) zoning will remain between the commercial zoning to the west and the single family zoning located to the east. The 1971 Master Plan designates this property to be developed as commercial. Of the twelve (12) notices sent to property owners within 200 feet and the public hearing advertised in the Alamogordo Daily News on the 20th of October, there were two (2) protests received. One (1) protest came from the owners of property on Cottonwood Drive, which represents 4% of the 200 foot protest area. The other protest came from property owners on Basswood, outside the legal protest area. There was concern about the site plan in regards to the loading dock/receiving area being located on the south side of the property. In response to these concerns, the building has been rotated 180 degrees so that the receiving bay will be on the north side of the building. This change alleviates many of the concerns about traffic circulation, access, and noise to adjacent property. The off-street parking provided for the proposed commercial building on Lot 1A appears to be insufficient (2.4:1) to meet the 3:1 off-street parking ratio required by Code. An off-street parking variance application must be obtained prior to a building permit being issued. Concrete sidewalks on Scenic Drive and White Sands Boulevard (at least five feet (5') wide -excluding curb and gutter) and on Cottonwood Drive (at least four feet (4') wide - excluding curb and gutter) need to included on the site plan and constructed with the development of the property. As the proposed action will consolidate the lot under the zoning district of "D", staff recommends approval of the rezoning with the condition that the City's Engineering Department have review and approval authority of the site plan for this development. Copies of the protest letters have been provided to the property owner, engineer, and development representatives. The protest from Mr. and Mrs. Stage noted concern on the traffic noise and heavy truck traffic on Cottonwood. The reorientation of the building should alleviate most of these concerns and staff has discussed with the owners' representatives the potential of doing landscape buffering on Cottonwood. The protest from Ms. Janet Cuatt notes concerns on increased noise, smell of trucks and increased traffic. Ms. Few explained that except for the 140 feet on the south side of the property fronting on Cottonwood, the properties are already zoned "Business" and there will still be a buffer of multi-family, professional offices zoning between the full business zoning and the single family zoning.

Representing Lowe’s Home Center Inc., were Mr. Mark Millis and Ms. Brigitte Stagner, PE. Mr. Millis stated that he agreed with staff comments. Also he had met with Ms. Marilyn Stage, author of one of the protest letters, and they had discussed her concerns. Mr. Millis presented the revised site plan to the Commissioners. The site plan showed that the loading dock has been relocated to the Scenic Drive side of the building and the curb cut to Cottonwood Drive at the rear of the building had been eliminated.

Chairman Sanders asked about wall and/or noise block on the south side? Mr. Millis had spoken to Ms. Stage about a vegetative buffer as being more esthetically pleasing.

Commissioner Martín asked about the parking ratio. Ms. Few said that an off-street parking variance would come before the Planning and Zoning Commission in December.

Commissioner Glahn asked about runoff due to the paving for the parking lot. Mr. Millis stated that Lowe's would comply with City Ordinances. Water will be collected and released at the pre-development runoff rate.

Ms. Marilyn Stage came forward and stated that she would like to withdraw her protest. Chairman Sanders said that Ms. Stage would need to write a letter and present it to Ms. Few.

Mr. Robert Ortiz came forward to ask if employees would be allowed to park on Cottonwood? Ms. Few said that there is more than enough parking available on the property and employees should not need to park on the street. But as on the street parking is public parking it would not be prohibited. Mr. Millis said that employees of Lowe’s would not be allowed to park on the street.

There being no one else to speak for or against the rezoning, Commissioner Dardin made a motion "TO APPROVE WITH STAFF CONDITIONS". Commissioner Glahn seconded the motion. The vote was 4-0-0 approving the motion.

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

5. SUBDIVISIONS.

A. CASE: S-02-0761(A). PETITIONER: Edward J. Meents and G. Constance Meents, owners, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the final plat of LAKESIDE DE LA LUZ SUBDIVISION, BLOCKS 7 AND 8, REPLAT B, for two (2) lots; with the vacation and abandonment of Lake Drive and relocation of a lot line, with variances on the construction and installation of alleys, on the dedication of public land, and from Section 22-01-140(b)(1) relating to drainage plans; with public access, private wells, and septic tank systems; located outside the City of Alamogordo, but within its planning and platting jurisdiction. TOTAL AREA: ±1.033 acres. LOCATION: 18 Lake View Drive. CURRENT LEGAL: Lot 1A, Block 7, Lakeside de La Luz Subdivision, Replat A, and Lot 39, Block 8, Lakeside de La Luz Subdivision. CURRENT ZONE: No zoning, outside the City. RECOMMENDATION: Approval of the subdivision with the required variances (on alleys, on public land dedication and from Section 22-01-140(b)(1) relating to drainage plans).

Ms. Few briefed the Commission as follows: The subdivision is to vacate part of county road right-of-way and to reconfigure the two (2) adjoining lots. The property, 18 Lake View Drive, has no zoning since it is located outside the City of Alamogordo. The 1971 Master Plan does not include this portion of the extra-territorial for future development. No alleys are proposed. A variance from the requirement of alleys is required on the subdivision. As the subdivision is located outside the City of Alamogordo and will be developed to Otero County standards, staff supports approval of this variance. A variance from the land dedication requirement is needed. 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. No utility or street work is required with the subdivision. As the property is outside the area in which the City issues building permits it would be appropriate to approve a variance from the drainage report requirement. The subdivision is scheduled for consideration by the County Planning Commission.

Mr. Klad Zimmerle came forward to represent the item. He stated that the consolidation would give the owners control of what was formerly "not a part area". Easements have been left for all utilities.

Commissioner Dardin made a motion "TO RECOMMEND APPROVAL WITH THE REQUIRED VARIANCES". Commissioner Martín seconded the motion. The vote was 4-0-0. The motion was approved.

B. CASE: S-02-0763(A). PETITIONER: Sandy Ochoa, Retha L. Ochoa, Richard T. McWhirter, and Caylis B. McWhirter, owners, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the final plat of LAWRENCE'S ADDITION, BLOCK 2, REPLAT B, for two (2) lots; with variances on the construction and installation of alleys, 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: ±2.184 acre. LOCATION: 2605 and 2609 N. White Sands Boulevard. CURRENT LEGAL: Lots 1A and 2A, Block 2, Lawrence's Addition, Replat A. CURRENT ZONE: District "D" (Business). RECOMMENDATION: Approval of the subdivision, with the required variances (on the construction and installation of alleys, on the dedication of public land, and from Section 22-01-140(b)(1) relating to drainage plans).

Ms. Few said that Sandy and Retha L. Ochoa own Lot 1A, Block 2, Lawrence's Addition, Replat A, 2609 N. White Sands Boulevard. Richard T. and Caylis B. McWhirter own Lot 2A, Block 2, Lawrence's Addition, Replat A, 2605 N. White Sands Boulevard. Approval of the final plat of LAWRENCE'S ADDITION, BLOCK 2, REPLAT B, within the City of Alamogordo, for 2.184 acres has been requested. The property is zoned Business which conforms to the Master Plan. Subject subdivision is to re-dimension the two (2) lots. The property, 2605 and 2609 N. White Sands Boulevard, is zoned "D" (Business) District. The 1971 Master Plan designates this property to be developed as commercial A variance to the alley requirement was previously approved and is to be continued. As the subdivision is for the re-configuration of developed lots, approval of a variance from the requirement of a drainage report is supported. No land is included on the plat for public land dedication to the City of Alamogordo. A variance from public land dedication is supported as the properties are developed. No utility or street construction is required with this subdivision.

Mr. Klad Zimmerle came forward to represent the item. There were no questions for Mr. Zimmerle.

Commissioner Dardin made a motion "TO APPROVE WITH THE VARIANCES". Commissioner Glahn seconded the motion. The motion carried with a vote of 4-0-0.

C. CASE: S-02-0764(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 the final plat of SILVER SUBDIVISION, REPLAT A, for three (3) lots; 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: ±19.096 acres. LOCATION: 4101 - 4201 N. Scenic Drive/101 - 121 Cottonwood Drive. CURRENT LEGAL: Lots 1, 2, and 3, Silver Subdivision. CURRENT ZONE: District "D" (Business) and District "C" (Multi-family Dwelling District). RECOMMENDATION: Approval of the subdivision with a variance from Section 22-01-140(b)(1) relating to drainage plans), with the dedication of public land and with the required plat corrections.

Ms. Few briefed the Commission on this item. Rezoning is in process for part of Lot 3. The minimum setback lines need to be shown on the plat. Staff is recommending that the drainage report be deferred until the building permit stage. Regarding public land dedication, there is an existing agreement, entered into in 1988 with the original subdivision of the property on file in Book 658, page 69 of the Records of Otero County granting, the entire Cottonwood Subdivision and High Sierra West public land dedication credit for it’s entire area in return for dedication of drainage easements and additional right-of-way for Scenic Drive. No off-site improvements for streets or utilities are being anticipated and therefore staff sees no need for a Subdivider’s Contract. The request for cropping of the lot corners onto the alley between the residential development on the East and the multi-family zoning of Lot 3A has been authorized by the property agent. The turn radius on the corners of White Sands Boulevard at Cottonwood, and White Sands Boulevard at Scenic Drive will also be reflected on the plat. Staffs concerns on the orientation of the building on the site plan have been addressed and the sidewalks are being included in the plan. Ms. Few informed the Commissioners that there will be a modification on the plat that was submitted. The size of Lot 2A would be decreased and the size of Lot 1A will be increased to assure the maximum area available for off-street parking.

Mr. Millis came forward to represent the item. There were no questions for Mr. Millis.

Commissioner Dardin made a motion "TO APPROVE THE SUBDIVISION WITH VARIANCES PER STAFF". Commissioner Martín seconded the motion. The vote was 4-0-0 approving the motion.

6. MISCELLANEOUS.

CASE: A-02-0057(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 consenting to the annexation of a tract of land contiguous to the boundaries of the City of Alamogordo. TOTAL AREA: ±32.754 acres. LOCATION: US Highway 54/70 at US Highway 82. CURRENT LEGAL: A tract of land in Lot 15, Section 6, T16S, R10E, NMPM, and in the Northeast quarter of Section 12, T16S, R9E, NMPM, comprised of portions of the right-of-way of U.S. Highway 54/70/82 and Burn Boulevard and Martin Boulevard and two tract of land in the Northeast quarter of said Section 12, all described by metes and bounds as follows: Beginning at the Southwest corner of said Lot 15 a point on the West right-of-way line of Burn Boulevard and going North 00 degrees 33 minutes 05 seconds East along the West right-of-way of Burn Boulevard and the West line of said Lot 15 a distance of 42.93 feet; thence South 76 degrees 43 minutes 44 seconds West a distance of 1085.89 feet to the West 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 983.55 feet; thence North 43 degrees 23 minutes 34 seconds East a distance of 616.67 feet to a point on the North right-of-way line of U.S. Highway 82; thence South 74 degrees 03 minutes 37 seconds East a distance of 224.52 feet to a point on the South right-of-way line of U.S. Highway a 82; thence South 72 degrees 38 minutes 05 seconds East a distance of 819.30 feet to a point on the East right-of-way line of Martin Boulevard; thence South 00 degrees 09 minutes 22 seconds East along said right-of-way line a distance of 867.17 feet; thence North 89 degrees 14 minutes 47 seconds West a distance of 50.02 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling) upon annexation. RECOMMENDATION: Approval of the annexation ordinance, with the execution of the Waiver of Protest Agreement, with the requirement that water and sewer lines be installed by the property owner in US Highway 54/70 and connect to the City's system, with the submittal to the City of (1) an application for restricted commercial rezoning, (2) a development plan for the property, and (3) an application (fees, plats, etc.) for a subdivision prior to consideration by the City Commission of the annexation ordinance for first publication, and with the understanding that annexation of the property does not guarantee either the approval of any development plan or the availability of water and/or sewer services for such development.

Ms. Few provided staff comments. West Source V, a Joint Venture, C. Michael Shyne, manager, owns the southeast corner of the US Highway 54/70 at US Highway 82 intersection, approximately 22 acres. All of this property is in Lot 15, Section 6, T16S, R10E, and in the Northeast quarter of Section 12, T16S, R9E, NMPM. The total property being requested for annexation, including right-of-way, is a little over thirty-two (32) acres. Currently the property is unzoned upon annexation it would come in as District "A" (Single Family Dwelling). Given the City’s current utility situation, particularly on water, development for high-water use would not be desirable. The development of public streets is required in accordance with the technical standards adopted by the City. Martin Boulevard is a platted, partially developed (graded in places with no paving, curb, etc.) right-of-way that abuts subject property on the east side of the tract. In lieu of the City requiring the property owner to develop this street at this time, a Waiver of Protest Agreement has been drafted for improvement of Martin Boulevard, if an assessment district is developed. Curb, gutter, sidewalks, etc. will be required to be installed by the property owner adjacent to US Highways 54/70 and 82 with the development of the site. Neither sanitary sewer or water transmission lines are available to serve this property. As a condition of annexation the property owner will be required to connect to City services in US Highways 54/70 (White Sands Boulevard). The impact of drainage of development over and above one (1) single family use per lot (2 lots each in excess of 10 acres) can not be determined without receipt and review of a site development plan with hydraulic data.

Chairman Sanders asked for clarification on the sidewalks. Ms. Few said that sidewalks would be required at the time of development.

Commissioner Martín asked if the property only touched the current city property along a 15 to 30 foot boundary. Ms. Few said yes, this was true.

Representing the item was Mr. Zimmerle and Mr. C. Michael Shyne.

Commissioner Martin asked Mr. Zimmerle if there was an actual connection? Mr. Zimmerle replied that they would create it through annexing street right-of-way.

Commissioner Martin asked Ms. Few for more explanation on the staff’s position that development for high-water use would not be advisable. Ms. Few stated that the property could potentially be divided in such a way that 143 residential units could be created. Considering the current water situation and the amount of vacant property already within the city limits, staff is reticent to recommend approval of an annexation for that kind of development. The staff’s recommendation for approval is hinged on rezoning of the property to "Conditional Commercial Use" with no residential development. Currently, the zoning classification of "Business" allows single and multi-family development, and professional offices, etc. This classification restriction was acceptable to the representatives.

Ms. Few stated that a zoning application would have to be processed concurrently with the annexation.

Mr. Zimmerle questioned the timing for installing utility lines (water and sewer) in accordance with the "Technical Standards" of the City. He restated Item 6 of the comments which says "As a condition of annexation the property owner will be required to connect to City services in US Highways 54/70 (White Sands Boulevard)". Mr. Zimmerle requested "with the development of the site" be added as a condition of the annexation. Ms. Few stated that staff is recommending installation of utilities now. Commissioner Mart&hibar;n asked if the reason for annexation wasn’t to get water and sewer, eventually? Mr. Zimmerle said that the reason to annex the property would be to allow for the development of a business to come in. Commissioner Mart&hibar;n then asked if the reason for wanting to delay the water and sewer was just to raise the property value? Mr. Shyne said that this did not have anything to do with it. Mr. Shyne said the reason you don’t want to put in the utilities up front is if the development doesn’t take place in the near future ( 1 to 2 years), then you’ve encumbered the property with debt just to annex it into the City. He said further that the advantages to the City, from a tax income point of view, far outweigh the advantages to the property owner. Mr. Shyne asked, again, that the property owners be allowed to install utilities when the property is developed rather than with annexation. Ms. Few stated that staff could not recommend speculative annexation. Mr. Shyne stated that the annexation was for a possible Home Depot location. The development of a Lowe’s and/or Home Depot is a speculative business but he intended to be ready if possible. Commissioner Martin asked where the water and sewer lines end now? Mr. Zimmerle showed Commissioner Martin a graphic that showed the utilities ending a little over a quarter-mile from the property. Commissioner Martin asked why the City was requesting that the utilities be done up-front? Ms. Few stated that the City can’t justify expanding the boundaries for purely speculative purposes without a firm site plan and development of the utilities. Staff would not recommend annexation without the improvements given our current water situation and that the utility extensions were expected in consideration for the City allowing the connections and the property being brought into the City. Chairman Sanders stated that the City would have no expense if the property was annexed now without utilities. She went on to say that the City would gain the tax benefit of this property being in the City limits. Commissioner Dardin said that she didn’t see how this would be detrimental to the City. There was further discussion on the subject of when and if development would occur and utilities might and might not be installed.

Commissioner Dardin made a motion "TO RECOMMENDING APPROVAL WITH THE CONDITIONAL COMMERCIAL ZONING, SUBDIVIDER’S CONTRACT, THE AMENDMENT THAT ALL UTILITIES BE INSTALLED WITH THE DEVELOPMENT OF THE SITE". Commissioner Glahn seconded the motion. The vote was 4-0-0 approving the motion.

7. REPORTS.

A. City Planner.

(1) December Agenda – Items including zoning, variance and several subdivisions cases had been received.

(2) Meeting and Deadline Schedule for 2003. - After discussion of the proposed schedule Commissioner Dardin made a motion "TO APPROVE THE 2003 MEETING AND DEADLINE SCHEDULE". Commissioner Glahn seconded the motion. The vote was approved by a vote of 4-0-0.

(3) The Comprehensive Plan - There will be a special meeting on December 19th.

(4) Mr. Mark S. Goga has been appointed to the Planning and Zoning Commission but was unable to attend the meeting today.

(5) Open Meetings Act - Ms. Few offered pocket sized versions of the law.

(6) Ms. Few passed out copies of the attendance record for this year. Commissioners were asked to review and inform Ms. Few of any changes needed before the information goes into the draft annual report to be presented at the next meeting.

B. City Attorney - none.

C. Chairman – Thanked Mr. Kirschner, City Attorney, for the information on Ex-Parte Communication in Variance Cases.

D. Commission - None.

8. PERSONS TO BE HEARD - None.

9. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Darden made a motion "TO ADJOURN". Seconded by Commissioner Mart&hibar;n. All voted "AYE", passing the motion by a vote of 4-0-0. The meeting adjourned at approximately 2:40 p.m.

Approved: December 6, 2002

Ginna L. Sanders, Chairman

ATTEST:

/s/ Michael H. Potter, Recording Secretary