September 04, 2002 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

September 4, 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, Ex-Officio Member.

MEMBERS ABSENT:

None.

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. Patrick Vandergriff, Code Administration Supervisor.

Mr. Michael Potter, Recording Secretary.

OTHERS PRESENT:

Mr. Leon Beck; Mr. Michael Aragon; Mr. Klad Zimmerle, P.L.S.; Mr. Tom Mathis; Mr. Tom Fosseen; and other unidentified persons.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled September 4, 2002, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of six (6) 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 September 24, 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 AUGUST 7TH REGULAR MEETING, AND SEPTEMBER 1ST INSPECTION TOUR, 2002. Commissioner Dardin made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commission Glahn. All voted "AYE", approving the motion by a vote of 4-0-0.

4. PUBLIC HEARING.

A. CASE:V-02-0458(A). PETITIONER: Michael R. Haymes, owner, by Michael G. Aragon, agent. REQUEST: Approval of a variance from Section 29-03-330, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing off-street parking requirements; which, if approved, would allow the addition of a new kitchen to the existing restaurant with a resulting off-street parking ratio of 0.5:1, rather than the off-street parking ratio of three square feet of parking for each square foot of building (3:1) prescribed by Code. TOTAL AREA:±7,500 square feet. LOCATION: 1201 N. New York Avenue. CURRENT LEGAL: Lot 20, Block 52, Alamo Blocks. CURRENT ZONE: District "D" (Business). RECOMMENDATION: Approve the variance.

Ms. Few provided the staff comments to include the above information. Michael R. Haymes owns Lot 20, Block 52, Alamo Blocks which houses Mike's Kitchen and Cafe Europa. Michael G. Aragon proprietor of Mike's Kitchen wants to enlarge the kitchen and service area of the restaurant. An additional 952 square feet to the main building has been proposed. This addition would reduce the available off-street parking from a pre-existing non-conforming ratio of 2.2:1 down to 0.5:1. The area to be used in the building expansion is not used for off-street parking. Only one (1) protest, representing 0.91 percent, was received to the requested variance as a result of the public notice published in the Alamogordo Daily News and the 21 notices mailed out to owners within the 200 foot legal protest area. As the action will not take developed and used parking, staff noted no objection to approval of the variance.

Representing the variance was Mr. Michael Aragon, owner of Mike’s Country Kitchen. Mr. Aragon reiterated that the variance was being sought just to expand his kitchen so that he could use new equipment to make his restaurant more efficient.

Commissioner Martin asked about the current use of the property where the expansion would occur. Mr. Aragon explained that the property was a backyard. Commissioner Martin stated that there wasn’t enough parking now and that parking would be reduced by the expansion. Mr. Aragon stated that the expansion would not increase the seating area of the restaurant.

There was no one else to speak for or against the variance.

Commissioner Dardin made a motion "TO RECOMMEND APPROVAL PER STAFF". Commissioner Glahn seconded the motion. Chairman Sanders, Commissioner Dardin, and Commissioner Glahn voted "AYE"; Commissioner Martin voted "NAY". The motion passed by a vote of 3-1-0.

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

5. SUBDIVISIONS.

A. CASE: S-02-0756(A). PETITIONER: AB Corn, Ltd., owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the final plat of TRIPLE T SUBDIVISION, REPLAT A, for two (2) 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 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: ±3.586 acres. LOCATION: 178 U.S. Highway 82 and 5055 N. Florida Avenue. CURRENT LEGAL: Lots 2 and 3, Triple T Subdivision. CURRENT ZONE: No zoning, outside the City. RECOMMENDATION: Approve the final plat with the requested variances and plat corrections.

Ms. Few stated that A B Corn, Ltd., owns Lots 2 and 3, Triple T Subdivision, the Southwest corner of Florida Avenue at US Highway 82. Re-configuration of two (2) lots has been requested. This petition was previously done under the Administrative Procedure. No increase in the number of lots – only reconfigure the property. Right-of-way widths are not shown on the plat for either Florida Avenue nor US Highway 82. This must be corrected prior to the plat being released for filing. Have received proposed plat corrections from the surveyor. Approval of the final plat of TRIPLE T SUBDIVISION, REPLAT A, 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 dedication of public land, and from Section 22-01-140(b)(1) relating to drainage plans is supported by staff.

Representing the item was Mr. Klad Zimmerle, RLS. Stated that the reconfiguration would make the lot better suited for building on in the future.

Commissioner Martin asked for clarification of the reconfiguration. Mr. Zimmerle showed Commissioner Martin the results with a new plat and this satisfied Commissioner Martin’s concerns.

There was no others to speak for or against the item.

Commissioner Dardin made a motion "TO RECOMMEND APPROVAL WITH CORRECTIONS". Commissioner Martin seconded the motion. All voted "AYE" passing the motion by a vote of 4-0-0.

B. CASE: S-02-0757(A). PETITIONER: Leon G. Beck and Edith P. Beck, owners, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the final plat of ALAMO BLOCKS, BLOCK 218, REPLAT B, for three (3) lots; with variances on the construction and installation of alleys, on the dedication of public land, on the width of a lot, 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: ±0.497 acre. LOCATION: 1701 Cuba Avenue. CURRENT LEGAL: East one-half of Lot 1, Block 218, Alamo Blocks. CURRENT ZONE: District "A" (Single Family Dwelling). RECOMMENDATION: Approve the final plat with the requested variances (on alleys, on public land dedication, on lot width, and on drainage plans), the required plat corrections (including the required right-of-way dedication) and installation of the sidewalk.

Ms. Few stated that Leon G. Beck and Edith P. Beck own the East one-half of Lot 1, Block 218, Alamo Blocks, within the City of Alamogordo. Approval of the final plat of ALAMO BLOCKS, BLOCK 218, REPLAT B for 0.497 acres has been requested to divide the property into three (3) lots. Two (2) lots will face on Cuba Avenue and one (1) will face on Catalina Lane. Master plan shows the property as being developed for low residential. A variance is requested for an alley, no other residences in this block have one. The setback line needs to be shown on the plat. A variance is requested on Lot 2B for the required lot width, the proposed lot will only approximately 58 feet in width and this is to allow proper side yard setback between the existing structure on Lot 3B and the lot line. As the total square footage of the lot exceeds the minimum requirement, approval of the variance on the lot width is supported. No land is included on the plat for public land dedication to the City of Alamogordo. Approximately 1,082 square feet would be due the City for dedication. A variance to the public land dedication requirement has been requested on the application and appears to be appropriate. A curb return with a twenty-foot (20') radius appears to be adequate. Dedication of right-of-way at the corner of Catalina Lane and Cube Avenue is needed to assure that public improvements are on public property and will place the fire hydrant on public rather than private land. Sidewalk on the south side of the subdivision adjacent to Catalina Lane is required to be installed by the owner and addresses on the lot. Corrections from the surveyor to the plat are anticipated soon. Approval of the final plat of ALAMO BLOCKS, BLOCK 218, REPLAT B with the requested variances (on alleys, on public land dedication, on lot width, and on drainage plans) is supported with the required plat corrections/changes (including the required right-of-way dedication) and installation of the sidewalk.

Mr. Leon Beck stepped forward to represent the item. He stated he had no objections to proposed plans. There were no questions for Mr. Beck.

Commissioner Dardin made a motion "TO RECOMMEND APPROVAL WITH CORRECTIONS". Commissioner Glahn seconded the motion. All voted "AYE" passing the motion by a vote of 4-0-0.

C. CASE: S-02-0758(A). PETITIONER: Tom Mathis, Dianne Mathis, and Tool Belt Limited Partnership (dba Alamo True Value), owners, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the final plat of NORTH PARK, UNIT 4, REPLAT C, SUBDIVISION, for four (4) lots; with variances on the construction and installation of alleys, on the dedication of public land, from Section 22-01-100(d) relating to lot access to a public street, 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: ±2.483 acres. LOCATION: 263 Robert H. Bradley Drive. CURRENT LEGAL: Lot 2A, North Park Unit 4, Replat A. CURRENT ZONE: District "D" (Business). RECOMMENDATION: Continue until an application is submitted for the required curb cut variance.

Ms. Few briefed that the property in this petition was the location for three (3) government buildings – Department of Motor Vehicles (DMV), Magistrates Court and the Parole Office. Propose to divide the property into four (4) lots so that each building will be on a separate lot and leave one (1) lot for development. No alleys are planned. Lot 1C (DMV) does not have access via a public street. A variance to the access requirement is needed. Approval of such a variance can only be supported with a plat notation and deed restrictions noting that access easements across Lot 2C to Lot 1C can not be vacated or nullified without agreement from the owner of Lot 1C and written approval by the City. No public land is proposed. Approximately 5,000 square feet is due the City for dedication. A variance to the public land dedication requirement is needed and has been approved with previous plats of this property. Street improvements are needed only in front of Lot 4C and a subdivider’s contract is being drafted. Addresses for each lot have been provided to the engineer for inclusion on the plat. A drainage report variance has been requested until the time that a building permit is submitted for Lot 4C. As the other three (3) lots are built-out, approval of a variance for a drainage report is supported. There is a requirement that driveway and curb cuts must be at least six feet (6’) from a side property line. Owner has proposed a plat and lot line amendment that would satisfy this setback requirement. There would be a slight reduction in Lot 3C but would take any problems away. And so with the requested and needed variances and required plat corrections, we recommend approval of this.

Mr. Klad Zimmerle came forward to reiterate the proposal without adding an new information.

Commissioner Martin made a motion "TO RECOMMEND APPROVAL WITH CORRECTIONS". Commissioner Glahn seconded the motion. All voted "AYE" passing the motion by a vote of 4-0-0.

D. CASE: S-02-0759(A). PETITIONER: Norma Bryant, owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the preliminary and final plat of NORTHGATE PLAZA SUBDIVISION, for ten (10) 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: ±12.326 acres. LOCATION: US Highway 82 at Spanish Daggers Drive. CURRENT LEGAL: A tract of land in Lot 4, Section 5, T16S, R10E, NMPM, described by metes and bounds as follows: Beginning at the Southeast corner of said Lot 4 and going North 89 degrees 59 minutes 56 seconds West along the South line of said Lot 4 a distance of 797.82 feet; thence North 00 degrees 13 minutes 52 seconds East a distance of 542.88 feet to the South right-of-way line of U.S. Highway 82; thence along said right-of-way line along the arc of a curve to the right whose central angel is 24 degrees 51 minutes 38 seconds and whose radius is 1810.00 feet and whose chord bears North 75 degrees 30 minutes 12 seconds East an arc distance of 785.36 feet; thence North 84 degrees 30 minutes 55 seconds East along said right-of-way line a distance of 43.03 feet; thence South 00 degrees 07 minutes 26 seconds West a distance of 742.06 feet to the said place of beginning. CURRENT ZONE: No zoning, outside the City. RECOMMENDATION: Approve the preliminary and final plat of NORTHGATE PLAZA SUBDIVISION with the requested variances (on alleys, on public land dedication, on the construction of utilities and streets to City standards, on the requirement of a drainage report, and on the length of time for filing the plat) with the noted plat corrections and right-of-way dedication.

Ms. Few related the staff comments. Norma Bryant owns twelve (12) acres in Section 5, T16S, R10E, which is on the South side of Highway 82 at the Southeast corner of Spanish Dagger Road. The property 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 jurisdiction and, therefore, it contains no recommendation as to the development of the property. The applicant has requested a variance to the requirement for alleys. As the subdivision is located outside the City of Alamogordo and will be developed to Otero County standards, staff supports approval of a variance to the requirement of alleys. A variance from the requirements for utility and street improvements of the City's development standards has been requested. The level of improvements for the subdivision will comply with the County's standards. The property is outside the City's utility extension area, therefore the variance can be supported. Prior to the plat being release for filing the right-of-way width of U.S. Highway 82 must be noted along with the names of the record owners on joining unplated property to the north of Highway 82. Drainage report is needed. There are concerns on the number and size of driveways that would be placed on Highway 82. This is simply advisory along with the fact that permits will be needed from the State Highway Department before any connection is made onto the highway. We have received a correction indicating that a turning radius will be provided at the corner of Lots 10 and 1 on Spanish Dagger and intersecting with Highway 82 and that this will be considered before the County Commission. Approval of the preliminary and final plat of NORTHGATE PLAZA SUBDIVISION with the requested variances (on alleys, on public land dedication, on the construction of utilities and streets to City standards, on the requirement of a drainage report, and on the length of time for filing the plat) with the noted plat corrections and right-of-way dedication is supported by staff.

Representing the item was Mr. Klad Zimmerle. He stated that all lots would be sized to accommodate a four (4) bedroom home. There are restrictions in the convenient that state that the front tier of lots may have commercial activity and the rear tier would be primarily residential. Mr. Zimmerle said that the lots on Highway 82 would be using joint driveways, one (1) for two (2) lots. There will be drainage culverts.

Commissioner Martin asked how many lots would face on Highway 82. Mr. Zimmerle said there would be 5 lots.

Commissioner Glahn asked if this had been turned into the County. Mr. Zimmerle said it had been turned into the County and submitted for State review, as well.

Commissioner Dardin made a motion "TO RECOMMEND APPROVAL WITH CORRECTIONS". Commissioner Glahn seconded the motion. All voted "AYE" passing the motion by a vote of 4-0-0.

E. CASE: S-02-0760(A). PETITIONER: Robert White and Carolyn White, owners, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the preliminary and final plat of NATALIE ACRES SUBDIVISION, 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: ±5.32 acres. LOCATION: U.S. Highway 82. CURRENT LEGAL: A tract of land in Lot 3, Section 5, T16S, R10E, NMPM, Otero County, New Mexico, described by metes and bounds as follows: Starting at the Northwest corner of said Section 5 and going North 89 degrees 52 minutes 32 seconds East along the North line of said Section 5 a distance of 1445.29 feet to the place of beginning of the tract of land herein described; thence continuing North 89 degrees 52 minutes 32 seconds East a distance of 389.85 feet; thence South 00 degrees 01 minutes 58 seconds East a distance of 687.83 feet to the north right-of-way line of U.S. Highway 82; thence South 84 degrees 30 minutes 02 seconds West along said right-of-way line a distance of 131.24 feet; thence North 00 degrees 01 minutes 58 seconds West a distance of 333.42 feet; thence South 84 degrees 30 minutes 02 seconds West a distance of 131.24 feet; thence South 00 degrees 01 minutes 58 seconds East a distance of 333.42 feet to the North right-of-way line of U.S. Highway 82; thence South 84 degrees 30 minutes 02 seconds West along said right-of-way a distance of 129.15 feet; thence North 00 degrees 01 minute 58 seconds West a distance of 724.52 feet to the said place of beginning. CURRENT ZONE: No zoning, outside the City. RECOMMENDATION: Approve the preliminary and final plat with the requested variances (on alleys, on public land dedication, on the construction of utilities and streets to City standards, on the requirement of a drainage report, and on the length of time for filing the plat) with the noted plat corrections and right-of-way dedication.

Ms Few provided staff comments. Robert White and Carolyn White own five (5) acres. Development of the property into five (5) lots, each at least one (1) acre, is proposed. This property is also outside the City limits. No alleys are proposed. Easement need to be increased to twelve feet (12’) in width. No public land is proposed. Improvements will be to County standards. Right-of-way widths need to be included on the plat along with ownership that are missing. No drainage report has been submitted but does need to be provided. Permits need to be obtained from the State Highway Department. We have requested a thirty-foot (30’) radius at Lot 1 and have received a correction that that will be done. Approval of the preliminary and final plat of NATALIE ACRES SUBDIVISION with the requested variances (on alleys, on public land dedication, on the construction of utilities and streets to City standards, on the requirement of a drainage report, and on the length of time for filing the plat) with the noted plat corrections and right-of-way dedication is supported by staff.

Mr. Klad Zimmerle came forward to explain that the reviews with the County were not as intense as with a larger subdivision. County has asked and the petitioners will rename the street to avoid confusion with existing streets in Tularosa.

Commissioner Dardin made a motion "TO RECOMMEND APPROVAL WITH CORRECTIONS". Commissioner Martin seconded the motion. All voted "AYE" passing the motion by a vote of 4-0-0.

6. REPORTS.

A. City Planner.

(1) October 2nd Planning Commission Agenda – light work next time.

(2) Gray Water. Ms. Few said that Pat Vandergriff had provided the information contained in the document. Chairman Sanders asked if the commissioners wanted it read into the record. No one did. Chairman Sanders thanked Pat for providing it.

(3) NMML/NMLZO Semi-Annual Meeting - September 18-20, 2002, Rio Rancho, New Mexico.

(4) 2002 Texas/New Mexico APA Conference - October 2-5, 2002, El Paso, Texas (on-line see www.nmAPA.org).

(5) Other.

B. Chairman. No report.

C. Commissioners.

(1) Representative from HAFB. No Report

(2) Representative to County Planning Commission.

(3) General. Commissioner Dardin will not be at the next meeting.

7. PERSONS TO BE HEARD. None

8. ADJOURNMENT - There being no further business to come before the Commission Commissioner Darden made a motion "TO ADJOURN". Seconded by Commissioner Glahn. All voted "AYE", passing the motion by a vote of 4-0-0. The meeting adjourned at approximately 2:20 p.m.

Approved: October 2, 2002

/s/ Ginna L. Sanders, Chairman

ATTEST:

/s/ Michael Potter, Recording Secretary