August 6, 2003 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

AUGUST 6, 2003

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman.

Mr. Jack M. Glahn, First Vice-Chairman.

Mr. Preciliano J. Martín, Member.

Mr. Richard M. McCracken, Member.

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

MEMBERS ABSENT:

Mr. Mark S. Goga, Second Vice- Chairman.

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Ms. Edna Gill, Recording Secretary.

OTHERS PRESENT:

Ms. Rosa Barraza; s. Helen Richards; Ms. Susan Tinker Morrison; and other unidentified persons.

 

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled August 6, 2003, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of two (2) items were to be considered 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 August 25, 2003, to render final decisions.

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

3. MINUTES OF JULY 2ND REGULAR MEETING, AND AUGUST 3RD INSPECTION TOUR, 2003. Commissioner Glahn made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner Martin. All voted "AYE", approving the motion by a vote of 4-0-0.

4. PUBLIC HEARING.

A. CASE: V-03-0462(A). PETITIONER: Diocese of the Rio Grande, owner, St. John's Episcopal Church, occupant, by Rev. Scott A. Ruthven, agent. REQUEST: Approval of a variance of forty-nine feet (49') from Section 29-03-010(r), of the Code of Ordinances of the City of Alamogordo, New Mexico, governing columbarium as an accessory to a church; which, if approved, would allow the construction of a columbarium on the north side of the church building eleven feet (11') from the north property line, rather than the sixty feet (60') required by Code. TOTAL AREA: ±30,000 square feet. LOCATION: 1114 Indiana Avenue. CURRENT LEGAL: Lot 6B, Block 72, Alamo Blocks, Replat B. CURRENT ZONE: District "C" (Multi-Family Dwelling).

Ms. Few stated that the property, 1114 Indiana Avenue, is zoned "C" (Multi-family Dwelling) District. The 2000 Comprehensive Plan designates this property to be developed as commercial and retail. A setback of sixty feet (60') from any lot line is required for a columbarium not located within the main structure of a church. The columbarium is to be constructed on the north side of the building between buttress supports (below the stained-glass windows) with a side yard setback of eleven feet (11'). Therefore, a variance of forty-nine feet (49') is required to allow this project to be completed. All other requirements for a columbarium can and will be met. The proposed columbarium location is not visible from the street and will also be screened. 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. The church sanctuary was built in 1905. Additions to the building were completed between 1930 and 1950. The regulations regarding the placement of columbarium were enacted in 1996. There is not sufficient room on the property to allow a columbarium to be outside the main building and meet the required setbacks. Therefore, a hardship, beyond the control of the applicant, appears to exist.

Notice of the time and place of the public hearing was advertised July 20, 2003, in the Alamogordo Daily News, and thirty-seven (37) notices were mailed to property owners within the 200-foot legal protest area on July 18, 2003. No protests to the requested variance were received.

Ms. Helen Richards was present to represent the case. Discussions confirmed that no part of the columbarium would be visible from the street. Additional screening will be put on the side between the Women’s Club and the church.

Commissioner Glahn made a motion to "APPROVE CASE NO. V-03-0462(A). Seconded by Commissioner McCracken. All voted "AYE", approving the motion by a vote of 4-0-0.

Chairman Sanders stated the case would be heard before the City Commission on Monday, August 25, 2003.

B. CASE: Z-03-0622(A). PETITIONER: Larry H. Falin and Jane B. Falin, owners. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and to change the zoning to District "D" (Business), or a less restrictive classification; which, if approved, would allow the property to be used/developed for a child day care center. TOTAL AREA: ± 4.23 acres. LOCATION: 1845 US Highway 70 West. CURRENT LEGAL: A Tract of Land in the Northwest Quarter of the Northeast Quarter (NW½NE¼) of Section 10, Township 17 South, Range 9 East, N.M.P.M., Otero County, New Mexico, and being more particularly described as follows: Beginning at the Section corner common to Sections 2, 3, 10 and 11, T17S, R9E, N.M.P.M., Otero County, New Mexico, in said Otero County, New Mexico; thence South 00 degrees 3 minutes West 1336.69 feet along the common line between said Sections 10 and 11 to a point; thence South 89 degrees 58 minutes West, 1374.37 feet to the true beginning point of this parcel of land described herein; thence South 89 degrees 58 minutes West 331.83 feet along the South line of the North Half of the Northeast Quarter of said Section 10 to a point; thence North 25 degrees 20 minutes West 543.78 feet to a point on the Southerly line of U.S. Highway No. 70 (300 feet wide) thence North 64 degrees 40 minutes East 300.00 feet along the Southerly line of said U.S. Highway No. 70 to a point; thence South 25 degrees 20 minutes East 685.39 feet along the westerly side of a 60 foot roadway to the place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few stated that the property, 1845 US Highway 70 W, is zoned "A" (Single Family Dwelling) District. The proposed zoning will continue business zoning from the east. The 2000 Comprehensive Plan designates this property to be developed as commercial and retail. The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance, Chapter 4, Article 4-07, of the Code of Ordinances of the City of Alamogordo, New Mexico. An Avigation Easement limiting vertical development to not more than fifty feet (50') above ground level has been prepared. The level of improvements abutting this property does not meet the city's standards. The improvements on U.S. Highway 70 West do not meet the City's standards (no curb, gutter, sidewalks, etc.). The dedicated right-of-way adjacent to and abutting the east boundary of the property is completely undeveloped. A waiver of protest agreement for the completion of the required improvements has been prepared. Pursuant to Section 29-01-020, of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised on July 20, 2003, in the Alamogordo Daily News, and six (6) notices were mailed to property owners within the 200 foot legal protest area on July 21, 2003. No protests to the requested rezoning were received.

Ms. Rosa Barraza was available to represent the case. Ms. Barraza stated that if the rezoning request was approved, all guidelines and compliance’s required by Children’s Youth and Families would be adhered to. Discussions determined that the size of the facility would be in accordance with Daycare Licensing codes which requires square feet per child for the inside of the building and 75 square feet per child for the outside of the building. The rezoning includes the entire 4 acres, although the facility will not fill the entire area.

Commissioner Glahn made a motion to "APPROVE CASE NO. Z-03-0622(A). Seconded by Commissioner McCracken. All voted "AYE", approving the motion by a vote of 4-0-0.

Chairman Sanders stated the case would be heard before the City Commission on Monday, August 25, 2003.

C. CLOSE PUBLIC HEARING.

5. REPORTS.

A. CITY PLANNER

(1) The September Agenda includes two items.

(2) There is a special meeting of the PZC with City staff scheduled for Tuesday, August 12, 2003 at 9:00 Am. at Fire Station #5 regarding the Subdivision Ordinances.

(3) Ms. Few thanked everyone for the understanding and support during her absence.

B. CHAIRMAN – Chairman Sanders requested that more identification be put on maps to identify properties. The mapping code is not of any help to locate the property. Ms. Few stated she could see what she could do to correct this problem.

C. COMMISSION – Commissioner Martin had questions regarding the Subdivision Ordinances. Ms. Few indicated that all questions would be answered at the meeting of August 12, 2003.

6. PERSONS TO BE HEARD - None.

7. 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 4-0-0. The meeting adjourned at approximately 2:00 p.m.

Approved: September 3, 2003

/s/Ginna L. Sanders, Chairman

ATTEST:

/s/Edna Gill, Recording Secretary