April 2, 2003 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

April 2, 2003

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman.

Mr. Preciliano J. Martín, Co-Second Vice-Chairman.

Mr. Jack M. Glahn, Co-Second Vice-Chairman.

Mr. Mark S. Goga, Member.

Mr. Richard M. McCracken, Member.

MEMBERS ABSENT:

Mr. Mark S. Urey, Ex-Officio Member.

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. J. Gregory Garcia, Recording Secretary.

Ms. Edna Gill, Recording Secretary.

OTHERS PRESENT:

Mr. James L. Smith.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled April 2, 2003, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that two (2) 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 April 22, 2003, to render final decisions.

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

3. MINUTES OF MARCH 5TH REGULAR MEETING, AND MARCH 30TH INSPECTION TOUR, 2003. Commissioner Goga made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner Glahn. All voted "AYE", approving the motion by a vote of 5-0-0.

4. PUBLIC HEARING.

A. CASE: V-03-0460(A). PETITIONER: Smith, Schulz, Riley & Carrington, Inc., owner, KARMA-JKS Properties, Inc., option holder, by James L. Smith, agent. REQUEST: Approval of the following: (1) A variance of 1,500 square feet from Sections 29-03-050 and 29-03-300, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing lot area, which, if approved, would allow single family lots of 4,500 square foot, rather than the 6,000 square feet required by Code; and (2) A variance of ten feet (10’) from Section 29-03-050, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing lot width which, if approved, would allow lots fifty feet (50’) wide, rather than the sixty feet (60’) required by Code; and (3) A variance of five feet (5’) from Sections 29-03-020 and 29-03-310, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing front setbacks which, if approved, would allow twenty foot (20’) front setbacks, rather than the twenty-five foot (25') setbacks required by Code; and (4) A variance of four feet (4’) from Sections 29-03-040 and 29-03-310, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing rear lot setbacks which, if approved, would allow a sixteen foot (16’) rear yard setback, rather than the twenty foot (20') setback required by Code. TOTAL AREA: ±2.344 acres. LOCATION: 1776 E. First Street. CURRENT LEGAL: A tract of land in Section 29, T16S, R10E, NMPM, described by metes and bounds as follows: Being a portion of Lot 1B, First Street Subdivision, Replat A, in the City of Alamogordo, Otero County, New Mexico and being more particularly described by metes and bounds as follows: Commencing at a one inch iron pipe found at the North quarter corner of Section 29, T16S, R10E, of the NMPM; thence, South 89 degrees 48 minutes 00 seconds East, a distance of 486.12 feet; thence, North 00 degrees 17 minutes 49 seconds West, a distance of 41.56 feet to a found one-half inch rebar with plastic cap; thence, 207.16 along the arc of a curve to the right, which has a radius of 2772.83 feet, an interior angle of 04 degrees 16 minutes 50 seconds and a long chord which bears South 82 degrees 21 minutes 05 seconds East, a distance of 207.11 feet to a found one-half inch rebar with plastic cap; thence, South 80 degrees 12 minutes 40 seconds East, a distance of 113.34 to a found one-half inch rebar with plastic cap for the beginning of a curve to the left; thence, 90.91 feet along said curve to the left, which has a radius of 3014.70 feet, an interior angle of 01 degree 43 minutes 40 seconds and a long chord which bears South 81 degrees 04 minutes 30 seconds East, a distance of 90.91 feet to a chiseled "X" on a concrete drive; thence, South 00 degrees 08 minutes 00 seconds West, a distance of 262.30 feet to the Northwest corner of this parcel and the point of beginning; thence, South 89 degrees 49 minutes 49 seconds East, a distance of 10.48 feet; thence South 50 degrees 43 minutes 30 seconds East, a distance of 22.07 feet; thence South 00 degrees 12 minutes 00 seconds West, a distance of 70.28 feet; thence South 89 degrees 48 minutes 00 seconds East, a distance of 128.20 feet; thence, North 00 degrees 12 minutes 00 seconds East, a distance of 69.57 feet; thence, South 89 degrees 48 minutes 00 seconds East, a distance of 114.62 feet; thence, South 00 degrees 12 minutes 00 seconds West, a distance of 69.71 feet; thence South 89 degrees 48 minutes 00 seconds East, a distance of 128.05 feet; thence, North 00 degrees 12 minutes 00 seconds East, a distance of 72.20 feet; thence, North 69 degrees 18 minutes 54 seconds East, a distance of 22.64 feet; thence, South 89 degrees 52 minutes 00 seconds East, a distance of 6.26 feet; thence South 00 degrees 08 minutes 00 seconds West, a distance of 291.10 feet; thence North 89 degrees 48 minutes 00 seconds West, a distance of 425.90 feet; thence, North 00 degrees 08 minutes 00 seconds East, a distance of 295.14 feet to the point of beginning. CURRENT ZONE: District "D (Business).

Ms. Few reported that Smith, Schulz, Riley & Carrington, Inc., owns Lot 1B, First Street Subdivision, Replat B. KARMA-JKS Properties, Inc., holds an option on the southern portion of the property. Through agent James L. Smith, they have requested variances to allow the construction of fifteen (15) detached single-family homes. As proposed, the development will have an owner’s association, private drives, and private recreational facilities. Originally, twenty-eight (28) apartments were planned on the property (2.344 acres). The new plan reduces the proposed density by nearly half. Under the current zoning, a maximum of fifty-one (51) dwelling units could be built on the acreage. The property, 1776 E. First Street, is zoned "D" (Business) District. The 2000 Comprehensive Plan designates this property to be developed as commercial and retail. Lots shall have an area of not less than 6,000 square feet. The developer has requested a variance to the required lot area. 4,500 square foot lots are proposed and a 1,500 square foot variance is requested. As designed the lots are larger (by 500 square feet) than required for townhouse development (District "A-1" zoning). Every lot shall have a width of at least sixty feet (60’) at the building setback line. A ten-foot (10’) variance has been requested to allow the lots to be fifty feet (50’) wide. As designed, the lots will be ten feet (10’) wider than required for townhouse lots but ten feet (10’) slimmer than standard residential lots. A front yard having a depth of not less than twenty-five feet (25') is required. A twenty-foot (20’) front yard setback is proposed. Therefore, a variance of five feet (5’) is needed. As the abutting private street is only to be twenty-one foot (21’) wide, it is recommended that the front yards be maintained with a twenty-five foot (25’) setback. The additional depth in the front yard will allow vehicles to be parked on the driveways without intruding on the street. In addition, pedestrian access could be better accommodated with additional depth in the front yard. A rear yard having a depth of not less than thirty feet (30’) or twenty percent (20%) of the depth of the lot, whichever amount is smaller, is required The developer has requested a variance to allow a rear yard setback of sixteen feet (16’). It is recommended that a rear yard of not less than fifteen feet (15’) be approved. A rear yard of fifteen feet (15’) would prove five more feet in the rear yard than is required for townhomes. This setback would maintain safe distances between units. 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. The level of improvements abutting this property does not meet the city's standards. A waiver of protest agreement on Sierra Blanca Drive (east side of development) was executed with the original subdivision. 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 March 16, 2003, in the Alamogordo Daily News, and nine (9) notices were mailed to property owners within the 200 foot legal protest area on March 14, 2003. One protest was received against the requested variances. The protest represented 1.48% of the legal protest area, and 10:00 a.m. on April 2, 2003 was the deadline for protests to be submitted to the City Planner. Due to the complex nature of the protest, the staff recommended approval with two variance changes.

Commissioner McCracken addressed Chairman Sanders stating he wanted to let it be known that he is partner in a local title company and has received the order to do the title work on these projects. He stated he would like to go ahead and be part of the discussion and vote if there were no objections. There were no objections and Chairman Sanders stated it was fine.

Commissioner Martin questioned the twenty-foot (20’) setback with the City requiring a twenty five-foot (25’) setback. Ms. Few indicated there was an error and that the extra five feet were there to give to the front.

Commissioner Martin brought up an individual’s concern that he was going to incur some costs associated with the Sierra Blanca protest. Ms Few stated that is incorrect. If improvements are done to Sierra Blanca or any other street in the community the assessment is born equally by all abutting property owners regardless of whether the zoning is commercial or for private residences. Regarding the comment about access on Sierra Blanca, Ms. Few stated the only access that would be used by this development at Sierra Blanca would be emergency vehicles gaining access with the crash gates. All other ingress and egress on the property will be done from First Street. Ms. Few stated the area is already zoned "D"-Commercial and homeowners could find themselves next to an unwanted business with no recourse through the zoning commission. This is something that is usually disclosed to the homeowners before they buy. The water supply issue of the city needs to be addressed and resolved before more developments are to be done. This is more of a general editorial comment more than specifically a requirement for this development. Also, with the prospect of fifty-one (51) units being able to be built as opposed to fifteen (15) units that are proposed, the density has been substantially reduced. Ms. Few stated there is misinformation.

Mr. James L. Smith was available to speak for the request. Mr. Smith stated they received the information on the Department of Public Safety (DPS) protest. Mr. Smith stated they met with the Fire Chief and resolved all of those and made the appropriate changes to the plan to be able to satisfy their concerns, specifically some of the different references they used for water line fire hydrant size. DPS changed their original request from 4 inch to a 6 inch line therefore they are putting in an additional fire hydrant with a 6 inch line as opposed to a 4 inch which DPS had originally requested. He also mentioned the Commission’s recommendation of a one way street. Mr. Smith stated DPS liked that, and so they are making a one way street there to the rear. He went on to say that they are going to post no parking signs. Mr. Smith stated that they agreed to the twenty five-foot (25’) setback for the homes because some of the newer, larger pickups have long trailer hitches. They also set up a water loop system for the crash gate on Sierra Blanca as discussed at the last meeting. DPS requested a verification of the loop water system and it has been incorporated into the plans. Mr. Smith stated that they are thankful for DPS’ cooperative attitude and feel that they have yielded to all of their requests.

Chairman Sanders stated her concern that most homeowners have two cars and the plans call for a one-car garage. Chairman Sanders suggested circle type driveways—allowing parking for two cars since parking is not permitted on the street. Mr. Smith stated that they have designed a two-car driveway rather than the circular driveway. The circular driveway would result in a solid concrete front yard and to allow for some type of landscaping for nice atmosphere, they opted for the two-car wide driveway. Mr. Smith also stated that the homes are custom built, therefore, a two--car garage option is available.

Commissioner Goga asked where the crash gates were going to be placed. Mr. Smith approached the Commission to show on the property plat the placement of the crash gates.

Chairman Sanders asked if Mr. Smith had a problem with the setback being changed with the extra frontage. Mr. Smith stated that it had been agreed upon and that he had no problem with it.

Commissioner Martin asked Ms. Few about the items remaining to be worked out. Ms. Few stated the City needed to get the approving memo from DPS with a signature on it, which is expected by April 3, 2003. Ms. Few stated she had an interoffice email stating the Department of Public Safety withdrew their protest. Commissioner Martin asked what the staff recommendation was at this point. Sharon stated the City is recommending approval with a 4500 square foot lot area and a 50-foot wide lot. No approval of a front yard variance but a five-foot (5’) rear yard variance to allow a fifteen foot (15’) rear yard. Mr. Smith explained that they are starting from a standard design, but the footprint could be smaller—depending on the requested design. He also stated that they will still have a twenty-foot (20’) backyard in one area and a twenty eight-foot (28’) back yard for more than half of the yard. The footprint was designed to allow customer preference modifications. Mr. Smith stated the variances are for the worst case scenario.

Commissioner Goga made a motion "TO APPROVE CASE V-03-0460(A) WITH THE FRONT YARD SETBACK REMAINING AT 25 FEET, THE SIDE YARD SETBACK AT 5 FEET AND THE REAR YARD SETBACK AT 15 FEET, WITH A LOT AREA AT 4500 SQUARE FEET AND LOT WIDTH AT 50 FEET." Seconded by Commissioner Glahn. All voted "AYE", approving the motion by a vote of 5-0-0.

Chairman Sanders noted that the City Commission will hear this case on April 22, 2003.

B. Close public hearing. Chairman Sanders declared the Public Hearing closed.

5. SUBDIVISIONS.

A. CASE: S-03-0778(A). PETITIONER: Monte Vista Townhomes, L.C., and Smith, Schulz, Riley & Carrington, Inc., owners, KARMA-JKS Properties, Inc., option holder, by James L. Smith, agent. REQUEST: Approval of the final plat of FIRST STREET SUBDIVISION, REPLAT C, for nineteen (19) lots; with variances, on the construction and installation of alleys, on the construction of streets to City standards (dedication and width), and on the dedication of public land; with all utilities and paved streets; located within the City of Alamogordo. TOTAL AREA: ±5.262 acres. LOCATION: 1776 E. First Street. CURRENT LEGAL: Lot 1B, First Street Subdivision, Replat B. CURRENT ZONE: District "D" (Business).

Ms. Few reported that the property, 1776 E. First Street, is zoned "D" (Business) District. The 2000 Comprehensive Plan designates this property to be developed as commercial and retail. The legal description of the property and dedication contain errors, to include reference to "Block 1" which must be removed. There is also reference to "Unit C" which must be corrected to Replat C. Incomplete calls (especially on distance) must be corrected. The description and dedication must be corrected before release for filing. An "acknowledgement" signature block is required for Ms. Shirley Batts. The plat must be corrected to include this change. It is inappropriate to include reference to the FEMA "Zone AH" designation on the plat. Reference to the FEMA zone must be removed from the plat before filing. Additional room (width) is request for signatures of the Planning and Zoning and City Commission officials. The plat should be corrected to allow sufficient room for signatures. The location dimensions, bearings, and purpose of any easement are required on the plat. The plat must be corrected to provide full information on all the easements, especially the access easements across Lot 19C. The minimum front building setback line on all lots and other sites is required to be shown on the plat. The plat must be corrected to show the front setback (25 feet) on each lot. 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. The acreage or square footage of each lot is required on the plat. The plat must be corrected to show the acreage or square footage of each lot, either on the map or in a table. 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 plan needs to establish Q after development must be < then Q before development of the new area. A revised plan is required to be provided and approved by staff before consideration of the subdivision by the City Commission. The plan must include an original seal and signature of the certifying engineer. Through alleys, having a width of twenty feet (20'), are required in each block. A variance to the alley requirement has been approved by the Alamogordo City Commission for other subdivisions in the area. The area that an alley will not be provided is between the new lots and the tennis courts (Lot 1C). 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 total of 0.26 acre would be due the City for dedication. A variance to the public land dedication requirement was approved with the original plat and is appropriate to continue with this subdivision. A private tennis court and pool are provided. The installation of street improvements, in accordance with the "Technical Standards" is required. A variance has been requested by the developer regarding improvements on the internal private twenty-one foot wide (21’) road. No parking is to be allowed on the roadway and it is to only allow one-way travel. Public Safety has requested a thirty-two foot (32’) road. The roadway width must be resolved before consideration of the subdivision by the City Commission. A Waiver of Protest Agreement is in effect on Sierra Blanca Drive. The installation of utility lines (water and sewer) in accordance with the "Technical Standards" is required. The new fire hydrant must be on a six-inch (6") water line. It is recommended that the new hydrant be moved to the middle of the block. Concerns have been noted that the water lines are not looped (especially for fire protection), as requested with the preliminary plat. Additionally it is not recommended that individual lots be served by private water a sewer. The minimum size for public lines is six-inch (6") water and eight-inch (8") sewer. Manholes are required on a public sewer line. The utility issue must be resolved before the City Commission considers the plat. A complete review of the plans using standards appropriate for public utilities will be required if the utilities are to be publicly owned. "Typical" details of the proposed crash gate are required. The plans must be amended to include this detail. Internal pedestrian walkways are recommended within the development. The subdivider shall be required to enter a contract with the City, agreeing to abide by and to comply with his layout and drawings, as finally approved, and all plans and specifications as approved. A contract has been drafted for the completion of improvements.

Mr. James L. Smith was available to speak for the request. Mr. Smith stated he had one correction to make because he that it was supposed to be a twenty-one foot (21’) roadway width. Ms. Few stated it was no less than 20 ft. Mr. Smith stated he would talk to the Engineer and agreed it to be no less than 20 feet for the road width. Mr. Smith expressed that he agreed with all staff comments.

Chairman Sanders understood that everything had been worked out, and with the withdrawal of the DPS protest everything was good as long as the corrections were made on the plat and the City has a copy before it goes to the City Commission.

Commissioner Glahn made a motion "TO APPROVE CASE S-03-0778(A)". Seconded by Commissioner Goga. All voted "AYE", approving the motion by a vote of 5-0-0.

Chairman Sanders noted that the City Commission will hear this case on April 22, 2003.

6. REPORTS.

A. City Planner.

(1) May Agenda. Ms. Few stated one item was received. Rezoning on a property on Airport Road that currently has three different zoning classifications on it and they are requesting consolidation in one zoning district.

(2) Subdivision Ordinance. – Ms. Few stated the City is ready to take industry’s proposed subdivision ordinance and staff’s proposed subdivision ordinance and see what the City come up with.

(3) Other – Edna Gill was introduced as the new recording secretary taking over the duties of Mike Potter. Ms. Few thanked Greg Garcia for filling in, and as always doing a most admirable job. Ms Few stated due to her Father’s illness she would be away for 4-6 weeks but would be available via email or phone. Ms. Few stated she did not know the dates at this time.

B. City Attorney. – Ms. Few stated she had a memo from the Contract City Attorney regarding question of refuse and debris on construction sites for review and information. There were no comments or questions.

C. Chairman. – None

D. Commissioners. - None

7. PERSONS TO BE HEARD. - None

8. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Martin made a motion "TO ADJOURN". Seconded by Commissioner Glahn. All voted "AYE", passing the motion by a vote of 5-0-0. The meeting adjourned at approximately 2:05 p.m.

Approved: May 7, 2003

/s/ Ginna L. Sanders, Chairman

ATTEST:

/s/Greg Garcia, Recording Secretary