DECEMBER 3, 2003 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

DECEMBER 3, 2003

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman.

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

Mr. Preciliano J. Martín, Member.

Mr. Richard M. McCracken, Member.

MEMBERS ABSENT:

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

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

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. Brian McGuire, Community Development Dept. Director.

Mr. Patrick Vandergriff, Building and Land Development Manager.

Mr. J. Gregory Garcia, Recording Secretary.

OTHERS PRESENT:

Mr. Charles Durrett; Ms. Lisa Durrett; Ms. Sindi Neudorf; Ms. Sue M. Burroughs; Mr. James Nutt; Mrs. Chong Nutt; Ms. Lorraine Shewan; Mr. Doug Lant; Ms. Valerie Newcomb; E. Carrell; Mr. Klad Zimmerle, P.L.S.; Mr. J. Mike Drunzer; Mr. Doug Nelson; Mr. Al Hernandez; and other unidentified persons.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled December 3rd, 2003, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of twelve (12) items were to be considered, five (5) 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 Thursday, December 18th, 2003, to render final decisions.

2. APPROVAL OF AGENDA. Commissioner Goga 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 NOVEMBER 5TH REGULAR MEETING, AND NOVEMBER 30TH INSPECTION TOUR, 2003. Commissioner Goga 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: Z-03-0624(A). PETITIONER: The Durrett Family Trust, owner, by Charles W. Durrett, agent. REQUEST: Approval of Ordinance 1191 to amend the official zoning map of the City of Alamogordo and change the zoning to District "E" (Light Industrial) classification; which, if approved, would allow the property to be used/developed for light industrial/commercial purposes. TOTAL AREA: ± 2.283 acres. LOCATION: On Mayflower, East of LaVelle Road. CURRENT LEGAL: 1) A tract of land located in the North half Northeast quarter Northwest quarter of Section 1, Township 17 South, Range 9 East, NMPM, more particularly described as follows: Starting at the North one quarter corner for said Section 1 thence going North 89 degrees 32 minutes West along the North boundary of said Section 1 a distance of 332.56 feet to the place of beginning of the tract of land herein described; thence continuing North 89 degrees 32 minutes West along the North boundary of said Section 1 a distance of 641.40 feet to a 5/8 inch iron pin; thence South 26 degrees 05 minutes East a distance of 182.04 feet to a 5/8 inch iron pin; thence South 89 degrees 39 minutes East a distance of 557.92 feet to the East boundary of the West half Northeast quarter Northeast quarter Northwest quarter which is a 5/8 inch iron pin; thence North 01 degrees 13 minutes East a distance of 161.70 feet to the said place of beginning. Said tract contains 2.23 acres more or less. SAVE AND EXCEPT THE FOLLOWING DESCRIBED REAL ESTATE: A tract of land in the Northeast quarter, Northwest quarter of Section 1, T17S, R9E, NMPM, Alamogordo, Otero County, New Mexico, more particularly described by metes and bounds as follows: Beginning at the Northwest corner of this tract from which the Northwest corner of said Section 1 bears South 89 degrees 33 minutes 13 seconds West 1685.67 feet; thence North 89 degrees 33 minutes 13 seconds East 69.50 feet, coincident wit the North line of said Section 1, to the Northeast corner of this tract; thence South 25 degrees 12 minutes 15 seconds East 175.89 feet, to the Southeast corner of this tract; thence South 85 degrees 52 minutes 06 seconds West 61.90 feet to the Southwest corner of this tract; thence North 26 degrees 52 minutes 58 seconds West 182.81 feet to the place of beginning and containing 0.247 acres. 2) A tract of land located in the Northwest corner of the East half Northeast quarter Northeast quarter Northwest quarter of Section 1, Township 17 South, Range 9 East, NMPM, more particularly described as follows: Starting at the North one quarter corner for said Section 1 thence going North 89 degrees 32 minutes West along the North boundary of said Section 1 a distance of 232.56 feet to the place of beginning of the tract of land herein described; thence continuing North 89 degrees 32 minutes West along the North boundary of said Section 1 a distance of 100.00 feet to the Northwest corner of the said East half Northeast quarter Northeast quarter Northwest quarter; thence South 01 degrees 13 minutes West along the West boundary of the said East half Northeast quarter Northeast quarter Northwest quarter a distance of 130.00 feet to a 5/8 inch iron pin; thence South 89 degrees 32 minutes East a distance of 100.00 feet to a 5/8 inch iron pin; thence North 01 degrees 13 minutes East a distance of 130.00 feet to the said place of beginning. Said tract contains 0.3 acres, more or less. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that The Durrett Family Trust owns two (2) tracts of land in Section 1, T17S, R9E, NMPM, on Mayflower Road east of La Velle Road. The proposed rezoning will allow the property to be developed and used for light industrial/commercial purposes. The property, on Mayflower, is zoned "A" (Single Family Dwelling) District. The proposed zoning will continue like zoning from the south. The 2000 Comprehensive Plan designates this property for future commercial and retail development. The proposed rezoning will not conform to the master plan. 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. It is recommended that Mayflower Road be improved by the applicant before commercial uses are developed on the roadway. The minimum section recommended is a twenty-four (24) foot wide paved section. The minimum structural section recommended is two-inch (2") asphalt, eight-inch (8") base course, and eight-inch (8") subgrade preparation. 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 November 16, 2003, in the Alamogordo Daily News, and eleven (11) notices were mailed to property owners within the 200 foot legal protest area on November 14, 2003. No protests to the requested rezoning were received. As the proposed zoning will not be spot zoning, approval of the rezoning to District "E" (Light Industrial) is recommended with the conditions that the zoning be limited to non-residential use (e.g. single family, two-family, or multi-family dwelling units either pre constructed or manufactured) and that Mayflower Road be improved by the applicant and that the future land use scenario of the comprehensive plan be amended to reflect light industrial zoning.

Ms. Lisa Durrett was available to speak for the petition. Ms. Durrett stated that she was speaking on behalf of her father, Mr. Charles Durrett. Ms. Durrett stated that they would like to request to revise the recommendation of the city engineer, so as to eliminate the paving requirement. She stated that requirement is unreasonable, untimely, unfair or unduly burdensome under the circumstances for the following reasons: Mayflower road is a long dirt road, which belongs to the United States of America. It was condemned in 1954 by the USA because of the railroad spur to Holloman, so the entire road falls into the easement of the property of the USA. She stated that is has, however been consistently maintained by the City of Alamogordo. Holloman Air Force Base has agreed that The Durrett Family Trust may install water and sewer utilities to their property from LaVelle Road. They have also expressed an intent to dedicate the entire road to the City of Alamogordo in the future. Ms. Durrett went on to state that that Mayflower Road is a good dirt and gravel road extending from about one half mile east of LaVelle to about one mile west of LaVelle. No portion is paved. No Governmental authorization to pave has ever been given and therefore the road cannot be paved without permission from the USA. There are presently no businesses or residences east of LaVelle, the portion of which they are planning to put the business. West of LaVelle, there are three businesses, and two residences with utilities running in the road to them and thus far more traffic heading through that area and on out to a new commercial and residential subdivision. The road west of LaVelle is just a maintained dirt and gravel road with no requirements for it to be paved. She stated that their property is approximately 230 feet east of LaVelle and the cost of paving that portion, plus hours—especially prior occupancy, which is scheduled for completion by December 31stb, would be a substantial burden upon them. Just getting permission for utilities has been quite an ordeal. Also, she stated, the City of Alamogordo cannot authorize to paving of that road. Further, the proposed business is not a retail operation. The crematorium will be third-party provider, not a direct disposer. It will not be open to the public, but will only serve the two local funeral homes; thus traffic will be minimal—probably not even daily. In addition, she stated that to impose the requirement totally upon them would require them to pave a portion of the road not even abutting their property. The first 230 feet belongs to the owner that has the business at the corner of LaVelle and Mayflower. She stated that forcing them with the entire paving requirement is not consistent with the general paving district requirement. For those reasons, they are requesting that the paving requirement be eliminated at this time.

Commissioner Goga asked Sharon Few if the statement was true that the City of Alamogordo cannot require them to pave the road at this time. Ms. Few answered that staff feels that it isn’t an accurate statement, which is why it was included in the recommendation. Also, staff has been advised by Holloman that this right-of-way is a section line road that was dedicated to the County and therefore is a public right-of-way. Ms. Few stated that when she learned of this information from the representative at Holloman, it was late and he did not have the documentation on the section line dedication, and she did not have the time to do the research. She also stated that the timeline for paving with a proposed occupancy of December 31, 2003 would be negotiable with the City. At some point, however, the roadway will need to be upgraded. The position of the City of the entire population of the city subsidizing the development for individuals has been less than enthusiastically supported. Developers are to bear the cost of improvements to their property that includes road section development—which is being set out at a lesser standard than the normal "full" development. This is substantially less than the usual requirement because there is no curb or gutter are being noted. Ms. Few also stated that these items are open to negotiation, however these are staff recommendations, not necessarily the Planning Commission’s recommendations.

Ms. Durrett responded by saying that they have never found anything in writing showing that this parcel has been dedicated to the County. In fact, she stated, it was Sharon Few that told her that it fell in the railway easement, and they haven’t been able to even get an address for the property without the permission from Holloman to use that parcel and put in utilities. After constant communication with Holloman and obtaining aerial photographs from the Earth Data Analysis Center, a division of UNM, in 1951, prior to their condemnation in 1954; they found that the road existed prior to their condemnation and prior to the railroad spur going in. Therefore, the dedication of the road to the County has yet to be seen. Ms. Durrett stated that they have also gone through the Water Departments records to try and figure out the same issue. She added that according to the records, the City is who has been maintaining this road.

Commissioner Martin asked if the only two possible owners would be either the County or the City of Alamogordo. Ms. Few answered that she believes that for the condemnation, it would be the United States Government, however, there are separate records that she did not have time to access after speaking with Mr. Grommolack at Holloman, that could clear up the confusion on section line road dedication as allowed by State statues until about twenty (20) year ago.

Mr. Durrett stated that the road is a public road owned by the Government and the County or City would only have an easement for that road. The easement wouldn’t change owners, but it would be a permissive use.

Commissioner Goga asked if they will be coming to the City of Alamogordo after the business is in, for maintenance of the road—which they may or may not own, or will they be doing their own improvements to have access to their business. Ms. Durrett answered that they will certainly improve the road, as needed, to have access to their business. She stated that this parcel shouldn’t be singled-out for this little bit of pavement to go in on a mile and a half road—at least not at this stage. Perhaps later, if the road if paved and a street paving assessment is assigned, they will be willing to pay their portion.

Commissioner Martin asked what the City is asking to have paved. Ms. Few answered that the City of Alamogordo is asking that paving be done from LaVelle to the eastern edge of the applicant’s property on the zoning application for a twenty-four foot (24’) wide paved section with two inches (2") of asphalt and eight inches (8") of base course and eight inches (8") of sub-grade.

Commissioner Martin asked if this includes that portion of the corner of Mayflower and LaVelle that is not part of the property. Ms. Few answered yes, because that would reduce undercutting and keep the integrity of the road.

Ms. Durrett noted to the Commission that if the requirement is to the eastern edge of their property, then that is more than twice as far as the portion that they sectioned off for the use of this particular business. Nothing is out there or beyond it—it is completely vacant land.

Chairman Sanders noted that it appears that this road is just out there. It doesn’t belong to the City or the County. Ms. Few stated that it appears, at the bear minimum, to be a descriptive easement on the property, but given research that she has done on other section line right-of-ways in the area of Alamogordo, and County actions; she feels that it will be determined that it was dedicated as a section line road to the public many years ago. Staff is simply making a recommendation to the City Commission with the information from Holloman, further researched information, and with help from legal staff.

Chairman Sanders next asked if the business owner in block 22 has been approached about paving his portion of the road. Ms. Few answered no, because they have done no action on their property to bring it before the Commission to have that recommended.

Commissioners Martin and Goga asked questions relevant to the property and business location on the lot. Ms. Durrett approached the Commission to show them the property plat and plans for placement on the lot, including the driveway.

Mr. Brian McGuire, Community Development Director for the City of Alamogordo, was available to speak on behalf of staff. He stated that the manner in which the recommendation is made for the road to be paved is not a frivolous. The part of planning and the part of the way new part of the community is looked at, is that the burden for the infrastructure is put on the folks that are wanting to develop that land. He wanted to point out that this instance is no different than the way others are treated under similar circumstances in the City. The potential future use of that property with a paved road could very well enhance the property. Staff acknowledges that the City has been maintaining the road at a very low level regardless of who owns it. The road is not a thoroughfare and the projections of what traffic would be on it in the future is anybody’s guess, as their business grows. Staff felt that it was appropriate at this time, when asking for this change, to also catch up on the rest of the infrastructure.

Commissioner Martin asked what the distance is from LaVelle to the eastern edge is in feet. Ms. Few answered that it is at least one thousand feet

Commissioner Martin made a motion "TO RECOMMEND APPROVAL OF CASE 03-0624(A) WITH THE CONDITIONS THAT THE ZONING BE LIMITED TO NON-RESIDENTIAL USE, AND THAT MAYFLOWER ROAD BE IMPROVED TO CITY STANDARDS UP TO THE EASTERN EDGE OF THE LOT AND ONLY THE PORTION PROPOSED FOR DEVELOPMENT." Seconded by Commissioner Goga. All voted "AYE", passing the motion by a vote of 4-0-0.

B. CASE: SP-03-0106(A). PETITIONER: The Durrett Family Trust, owner, by Charles W. Durrett, trustee. REQUEST: Approval of a perpetual/permanent special land use permit, pursuant to Section 29-05-040, of the Code of Ordinances of the City of Alamogordo, New Mexico; which, if approved, would allow the property to be used/developed for crematory services. TOTAL AREA: ±1.983 acres. LOCATION: On Mayflower, East of LaVelle Road. CURRENT LEGAL: A tract of land located in the North half Northeast quarter Northwest quarter of Section 1, Township 17 South, Range 9 East, NMPM, more particularly described as follows: Starting at the North one quarter corner for said Section 1 thence going North 89 degrees 32 minutes West along the North boundary of said Section 1 a distance of 332.56 feet to the place of beginning of the tract of land herein described; thence continuing North 89 degrees 32 minutes West along the North boundary of said Section 1 a distance of 641.40 feet to a 5/8 inch iron pin; thence South 26 degrees 05 minutes East a distance of 182.04 feet to a 5/8 inch iron pin; thence South 89 degrees 39 minutes East a distance of 557.92 feet to the East boundary of the West half Northeast quarter Northeast quarter Northwest quarter which is a 5/8 inch iron pin; thence North 01 degrees 13 minutes East a distance of 161.70 feet to the said place of beginning. Said tract contains 2.23 acres more or less. SAVE AND EXCEPT THE FOLLOWING DESCRIBED REAL ESTATE: A tract of land in the Northeast quarter, Northwest quarter of Section 1, T17S, R9E, NMPM, Alamogordo, Otero County, New Mexico, more particularly described by metes and bounds as follows: Beginning at the Northwest corner of this tract from which the Northwest corner of said Section 1 bears South 89 degrees 33 minutes 13 seconds West 1685.67 feet; thence North 89 degrees 33 minutes 13 seconds East 69.50 feet, coincident wit the North line of said Section 1, to the Northeast corner of this tract; thence South 25 degrees 12 minutes 15 seconds East 175.89 feet, to the Southeast corner of this tract; thence South 85 degrees 52 minutes 06 seconds West 61.90 feet to the Southwest corner of this tract; thence North 26 degrees 52 minutes 58 seconds West 182.81 feet to the place of beginning and containing 0.247 acres. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that The Durrett Family Trust owns land in Section 1, T17S, R9E, NMPM, on Mayflower Road east of La Velle Road. They plan to use part of the property for crematory services. The property, on Mayflower, is zoned "A" (Single Family Dwelling) District. Rezoning to District "E" is being processed under Case Z-03-0624(A). The 2000 Comprehensive Plan designates this property for future commercial and retail development. 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 with Case Z-03-0624(A). The city commission may, by special land use permit and upon such conditions and time limits as it may consider reasonable and necessary, authorize the location of any of certain buildings or uses in any district from which they are otherwise prohibited by this Code. A crematory is a land use within a category requiring a special land use permit for locating and operating within the City. If approved the use would be permanent. The level of improvements abutting this property does not meet the city's standards. It is recommended that Mayflower Road be improved by the applicant before commercial uses are developed on the roadway. The minimum section recommended is a twenty-four (24) foot wide paved section. The minimum structural section recommended is two-inch (2") asphalt, eight-inch (8") base course, and eight-inch (8") subgrade preparation. [This recommendation is continued from Case Z-03-0624(A)]. All appliances must be approved and part of construction plans. A special land use permit may be issued only after notice of the time, place and purpose of a hearing by the planning and zoning commission on the issuance of the permit has been published, at least fifteen (15) days before the meeting, in a newspaper of general circulation and sent by first class mail to all property owners of record within two hundred (200’ feet, excluding public right-of-way, of the property for which the permit is sought. Notice of the time, place and purpose of the public hearing was advertised November 17, 2003 in the Alamogordo Daily News, and fifteen (15) notices were mailed to property owners within the 200-foot legal protest area on November 14, 2003. No protests to the requested special permit were received. The planning and zoning commission shall forward its recommendation to the city commission within thirty (30) days, but if it fails to render its report within thirty (30) days, it shall be deemed to have approved the permit. The city commission shall determine whether issuance of the special land use permit will be detrimental to surrounding properties and may issue the permit only on a finding of no detriment. As no protests have been received, approval of the special land use permit for crematory services is recommended, with the condition Mayflower Road be improved by the applicant prior to the occupancy of the building.

Ms. Lisa Durrett stated that if the road is to be paved upon their occupancy on December 31, 2003, they would like to request additional time to finish the work. Ms. Few stated that if the applicants would need to put together an alternate proposal in writing within the next couple of days—which can be included with the recommendation to the City Commission. Whether the proposed date is six months or within a year, it can be forwarded to the City Commission. Ms. Few stated that the new proposal must be to her office no later than Monday, December 8th.

Commissioner Martin made a motion "TO RECOMMEND APPROVAL OF CASE SP-03-0106(A)FOR THE CREMATORIUM SERVICE AS ADDRESSED WITH THE CONDITION THAT MAYFLOWER ROAD BE PAVED TO THE EASTERN EDGE OF THE LOT BEING USED BY THE BUSINESS AND THAT THE PROPER DOCUMENTATION FOR EXTENSION OF TIME BE GIVEN TO CITY STAFF FOR CONSIDERATION AT THE CITY COMMISSION MEETING ON DECEMBER 18TH, 2003." Seconded by Commissioner Goga. All voted "AYE", passing the motion by a vote of 4-0-0.

C. CASE: Z-03-0625(A). PETITIONER: Durrett Limited Partnership, owner, by Charles W. Durrett, General Partner. REQUEST: Approval of Ordinance 1192 to amend the official zoning map of the City of Alamogordo and change the zoning to District "F" (Industrial), which, if approved, would consolidate the property under one zoning classification and allow the property to be used/developed for industrial purposes. TOTAL AREA: ± 116.681 acres. LOCATION: Airport Road. CURRENT LEGAL: A tract of land in the Southwest quarter of Section 11, T17S, R9E, NMPM, described by metes and bounds as follows: Beginning at the Southeast corner of said Southwest quarter and going North 89 degrees 54 minutes 00 seconds West along the South line of said Southwest quarter a distance of 2586.94 feet; thence North 00 degrees 03 minutes 00 seconds East a distance of 1817.09 feet; thence South 89 degrees 54 minutes 53 seconds East a distance of 553.40 feet; thence North 00 degrees 03 minutes 00 seconds East a distance of 190.68 feet; thence South 89 degrees 54 minutes 53 seconds East a distance of 2026.77 feet; thence South 00 degrees 08 minutes 36 seconds East a distance of 2008.49 feet to the said place of beginning. CURRENT ZONE: District "F" (Industrial) and District "A" (Single Family Dwelling).

Ms. Few reported that The Durrett Limited Partnership owns two (2) tracts of land in Section 11, T17S, R9E, NMPM, at Airport Road. The proposed rezoning will consolidate the zoning under one classification allow the property to be developed and used for industrial purposes. The property, on Airport Road, is zoned "A" (Single Family Dwelling) and "F" Industrial) District. The 2000 Comprehensive Plan designates this property to be developed as industrial. 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. A waiver of protest agreement 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 November 17, 2003, in the Alamogordo Daily News, and five (5) notices were mailed to property owners within the 200 foot legal protest area on November 14, 2003. No protests to the requested rezoning were received. Staff is recommending approval of the rezoning to District "F" (Industrial) with the condition that the zoning be limited to non-residential use (e.g. single family, two-family, or multi-family dwelling units either site constructed or manufactured).

Mr. Charles Durrett was available to speak for this petition. Mr. Durrett stated that he has done what the City of Alamogordo has suggested and he has no objections in any form.

Commissioner Goga made a motion "TO RECOMMEND APPROVAL OF CASE Z-03-0625(A) WITH THE CONDITION THAT THE ZONING BE LIMITED TO NON-RESIDENTIAL USE." Seconded by Commissioner McCracken. All voted "AYE", passing the motion by a vote of 4-0-0.

D. CASE: Z-03-0626(A). PETITIONER: Lisa K. Durrett, owner. REQUEST: Approval of Ordinance 1193 to amend the official zoning map of the City of Alamogordo and change the zoning to District "D" (Business), or a more restrictive classification; which, if approved, would allow the property to be used/developed for retail business. TOTAL AREA: ± 2.00 acres. LOCATION: 2402 through 2412 Cornell Avenue. CURRENT LEGAL: Lots 1 though 6, Block 2, Lomas del Sol Addition, Unit 1. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that Lisa K. Durrett owns six (6) lots in Lomas del Sol Addition, Unit 1. The proposed rezoning will allow the property to be developed and used for commercial purposes. The property, 2402 - 2412 Cornell Avenue, is zoned "A" (Single Family Dwelling) District. The 2000 Comprehensive Plan designates this property to be developed as commercial and retail. Although the future land use scenario of the comprehensive plan shows subject property as future commercial/retail development it does not specify the level of use. The facing property to the east is multi-family zoning and the area is generally developed with single family houses. These facts must be included in any decision on the requested rezoning. Therefore, approval of any rezoning should be limited to either multi-family dwelling (which allows offices) or to neighborhood business. The level of improvements abutting this property does not meet the city's standards. A waiver of protest agreement 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 November 17, 2003, in the Alamogordo Daily News, and thirty-five (35) notices were mailed to property owners within the 200 foot legal protest area on November 14, 2003. Of the notices sent, protests were received with represents 19.5 percent of the legal protest area. The protest is included in six (6) letters and one (1) petition with the six (6) signatures of owners of land from within the 200 foot legal protest area and one duplicate signature from a separately submitted letter. The information was provided to the Commission and the petitioner in the pink addendum for the meeting. Staff is recommending approval of the rezoning to District "C" (Multi-family Dwelling), which will put like-facing zoning on the property as is immediately to the west.

Ms. Durrett was available to speak for this request. Ms. Durrett stated that she didn’t understand the staff recommendation, because she was under the impression that the zoning was originally supposed to be going from District "A" to District "D". She stated that she would need to review what types of businesses are allowed in the District "C" zoning before addressing this item. Ms. Few and Mr. McGuire provided Ms. Durrett with a copy of the zoning district ordinance to review. Ms. Durrett also stated that it is their intent to have something on the property that would comfort with the atmosphere of not being disruptive, aesthetic in nature. Ms. Durrett stated that because there are some concerns, from the protests received, she would like to wait to hear the concerns before addressing the item again.

Mr. James C. Nutt was available to speak against the petition. He stated that he did submit a letter of protest and was present to stand behind that letter. Mr. Nutt stated that the residential area is very narrow on the streets. The additional traffic from whatever type of development would endanger the lives of the children in the area. Mr. Nutt also stated that he feels that the area was developed for the infrastructure of residential single family homes. He says that it is right in this area they are limited in routes for residents to travel, so any development other that single family residences would be detrimental to the area.

Ms. Valerie Newcomb was available to speak against the petition. Ms. Newcomb stated that she bought her home in that area in 1967. It is a peaceful street where her children grew up and she still owns and lives in that home. She stated that this proposal would demolish their neighborhood because nobody wants live in a business district. If it had been zoned differently than that of single family dwelling, she would not have chosen to live here to begin with. She stated that the business will create too much noise—which will disturb the older people in the area. Ms. Newcomb went on to say that their quality of life will diminish with a change of zoning to allow businesses into that area. She requested that the Planning Commission deny the rezoning petition.

Mr. Al Hernandez, a representative of Gerald Champion Regional Medical Center, was available to comment on the petition. Mr. Hernandez stated that in previous meetings with the City of Alamogordo, it was noted that Twenty-Fifth Street will extend across the ditch in their future plans; so their only request is that there be enough room there to make the expansion onto Twenty-Fifth Street, as it will be a major artery. He also stated that Twenty-Fifth Street goes all the way down to Florida Avenue and will come all the way up to Scenic Drive at Fairgrounds Road. Mr. Hernandez ended by asking that what ever is done at this point includes that into consideration.

Ms. Durrett wanted to speak again in regard to the protested items. Ms. Durrett stated that she wanted to assure the people who were protesting, as well as the Commission, that it is not their intention to put in any business that would be disruptive, or noisy in nature. The parcel is large enough that whatever they choose to proceed with can be far enough off the street that it would not be imposing on that street. There would be room for parking in front of it and it would not be a high traffic area. She also stated that the worries expressed, such as it being noisy, bright or a danger to the public is certainly not what is intended or planned for that property.

Commissioner Goga asked Ms. Durrett if she had a problem with the City’s recommendation of the "C" zoning. Ms. Durrett stated that she does not, however, she would prefer to have the District "D-2" zoning.

The surrounding area zoning was discussed briefly by the Commission. Ms. Few stated that one of the reasons that staff did not recommend the continuation of "D" Zoning on this property from the East, is that there is a substantial drainage ditch between the hospital property and this property which affords a separation in the two uses and the two types of zoning—including the intensity. Because of lot of financing reasons, staff has learned that most lending institutions prefer like zoning to face on streets. Therefore, to put full business zoning on here could endanger future financing for home owners or potential buyers on Cornell on the west side of the street. By putting in a "C" zoning, it would allow for professional offices, which are high quality, low impact commercial development into the neighborhood. It would also conform to the master plan--which hopefully, would allow the type of use the Durrett's are looking for without opening the zoning to the multiple of uses that could accompany "D" zoning in the future and not provide protection to the residents in the neighborhood. If the Planning Commission chooses to approve a Business zoning, staff would recommend that it would not be less restrictive than the "Neighborhood business" district uses.

The differences in zoning district uses was discussed and Ms. Few explained what businesses or occupancies are allowed in each type of zoning.

Commissioner Goga made a motion "TO RECOMMEND APPROVAL OF THE REZONING TO DISTRICT "C", (MULTI-FAMILY)." Seconded by Commissioner Martin. All voted "AYE", passing the motion by a vote of 4-0-0.

E. CASE: V-03-0467(A). PETITIONER: Alamogordo Brewing Company, Inc., owner, by Lorraine Shewan. REQUEST: Approval of a variance from Section 29-03-360, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing off-street parking requirements; which, if approved, would legitimize building additions with a resulting off-street parking ratio of 2.4:1, rather than the off-street parking ratio of three square feet of parking for each square foot of building required by Code. TOTAL AREA: ±1.29 acres. LOCATION: 817 and 819 N. Scenic Drive. CURRENT LEGAL: 1) A portion of Lot Three (3) Block Fourteen (14) of Dale Bellamah Addition Unit 4-C, in the City of Alamogordo, New Mexico, being a replat of portions of Dale Bellamah Addition Unit One (1) and Unit Three (3) as the same are shown and designed on the replat of said subdivision filed in the office of the County Clerk of Otero county, New Mexico, on the 18th day of March, 1969, said portion of Lot 3 being more particularly described as follows: Beginning at the Southeast corner No. 1 of the tract herein set forth, said corner No. 1 being a point on the easterly line of the said Lot 3, whence the southeast corner of said Lot 3 bears South 00 degrees 48 minutes 20 seconds West; 279.02 feet, and running thence North 89 degrees 11 minutes 40 seconds West, 124.14 feet to the southwest corner No. 2 of the tract herein set forth; thence North 00 degrees 48 minutes 20 seconds East, 100.00 feet to the northwest corner No. 3 of the tract herein set forth, said Northwest corner No. 3 being the identical southwest corner of Lot 2 as shown and designated on the aforementioned replat; thence along the southerly line of said Lot 2, South 89 degrees 11 minutes 40 seconds East, 124.14 feet to the northeast corner No. 4 of the tract herein set forth and the identical southeast corner of the said Lot 2; thence South 00 degrees 48 minutes 20 seconds West, 100 feet along the easterly line of the said Lot 3 to the southeast corner No. 1 and the point of beginning. 2) A portion of Lot Three (3), Block Fourteen (14) of Dale Bellamah Addition Unit No. 4-C, in the City of Alamogordo, Otero County, New Mexico, as filed in the office o the County Clerk of Otero county, on March 18, 1969, said portion of Lot Three (3) being more particularly described as follows: Beginning at the Northeast corner of the tract herein set forth, said corner being a point on the easterly line of Lot Three (3) from whence the southeast corner of said Lot Three (3) bears South 00 degrees 48 minutes 20 seconds West, 279.02 feet; thence North 89 degrees 11 minutes 40 seconds West, a distance of 124.14 feet; thence South 00 degrees 48 minutes 2 seconds West a distance of 50.00 feet; thence South 89 degrees 11 minutes 40 seconds East a distance of 124.14 feet; thence North 00 degrees 48 minutes 20 seconds East a distance of 50.00 feet to the point of beginning. 3) A portion of Lot Three (3), Block Fourteen (14) of Dale Bellamah Addition Unit 4-C, in the City of Alamogordo, Otero County, New Mexico, as filed in the office of the county Clerk of Otero County, on March 18, 1969, said portion of Lot Three (3) being more particularly described as follows: Beginning at the Northeast corner of the tract herein set forth being a point on the easterly line of said Lot Three (3), from whence the southeast corner of Lot Three (3) bears South 00 degrees 48 minutes 20 seconds West, 229.02 feet; thence North 89 degrees 11 minutes 40 seconds West a distance of 124.14 feet; thence South 00 degrees 48 minutes 20 seconds West a distance of 50.k00 feet; thence South 89 degrees 11 minutes 40 seconds East a distance of 124.14 feet; thence North 00 degrees 48 minutes 20 seconds East a distance of 50.00 feet to the point of beginning. 4) A portion of Lot Three (3), Block Fourteen (14) of Dale Bellamah Addition, Unit 4-C, in the City of Alamogordo, Otero County, New Mexico, as appears on the Plat of said addition filed in the office of the County Clerk of Otero county, New Mexico, on the 18th day of March, 1969, in Book 13, Pages 11 and 12, file No. 70118, and more particularly described as follows: Beginning at the Northeast corner of the tract herein described said corner being a point on the West right-of-way of Scenic Drive, and bearing South 00 degrees 48 minutes 00 seconds West, 200.00 feet along said right-of-way from the Southeast corner of Lot Two (2), Unit 4-C, Dale Bellamah Addition; thence South 00 degrees 48 minutes 20 seconds West, 105.00 feet along the West right-of-way of Scenic Drive to a point being the southeast corner of the tract herein set forth; thence North 89 degrees 11 minutes 40 seconds West, 104.14 feet to a point; thence North 00 degrees 48 minutes 20 seconds East, 105.00 feet to a point; thence South 89 degrees 11 minutes 40 seconds East, 104.14 feet to the point of beginning. 5) All of Tract B as the same is shown and designated on Replat A, Lot Three (3), Block Fourteen (14), Dale Bellamah Addition Unit No. 4-C, filed in the office of the County Clerk of Otero County, New Mexico on the 14th day of May, 1985 in Book 33, Pages 10-13, as evidenced by Quitclaim Deed recorded on Book 578, Page 139, in the Office of the Clerk of Otero County, New Mexico. 6) Lot 2, Block 14, Dale Bellamah Addition, Unit 4-C, City of Alamogordo, Otero County, New Mexico, according to the official plat on file in the office of the County Clerk and Ex-officio Recorder of Otero County, New Mexico. AND 7) A tract of land in Lot 3, Block 14, Dale Bellamah Addition, Unit No. 4-C, to the City of Alamogordo, New Mexico, described by metes and bounds as follows: Beginning at the Southeast corner of said Lot 3 and going North 89 degrees 11 minutes 40 seconds West along the south line of said Lot 3 a distance of 104.14 feet; thence North 00 degrees 48 minutes 20 seconds East a distance of 74.02 feet; thence South 89 degrees 11 minutes 40 seconds East a distance of 104.14 feet; thence South 00 degrees 48 minutes 20 seconds West a distance of 74.02 feet to the said place of beginning, and containing 0.177 acres, more or less. CURRENT ZONE: District "D-2" (Neighborhood Business).

Ms. Few reported that Alamogordo Brewing Company, Inc., owns several parcels in Block 14 of Dale Bellamah Addition, Unit 4-C. New additions to the building have encroached on the available off-street parking resulting in a ratio requiring a variance to the ordinance standard. The property, 817 and 819 N. Scenic Drive, is zoned "D-2" (Neighborhood Business) District. The 2000 Comprehensive Plan designates this property to be developed as commercial and retail. Off-street parking for automobiles shall be provided within a distance of five hundred feet (500’) in a proportion of not less than three square feet (3 sf) for each square foot of area inside any such business building. The additions have left an off-street parking ratio of 2.4:1, therefore a variance is required. Staff is concerned about the impact of the reduced off-street parking on surrounding businesses and residences. It is recommended that additional land is purchased to provide additional off-street parking and/or written agreements are recorded with adjacent landowners for shared use of off-street parking. 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. Numerous complaints about noise and lights have been received from residents near the restaurant. It is strongly recommended that should the parking variance be approved, a condition be attached that a solid wall or fence at least five feet (5') high be erected on the south side of the property to mitigate impacts of the business on nearby residences. The property consists of numerous parcels each with separate descriptions. It appears that the building has been constructed over boundary lines of several of the parcels. Therefore, the property should be replatted to consolidate it into one lot. This requirement should be attached as a condition of any variance approval. 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 November 17, 2003, in the Alamogordo Daily News, and thirty-four (34) notices were mailed to property owners within the 200 foot legal protest area on November 14, 2003. Of the thirty-four (34) notices, one (1) protest was received, which represents .81 percent of the protest area. A copy of the variance request and the protest to it were provided to the Commission in the yellow addendum and a copy was provided to the applicant. Staff recommended approval of the 2.4:1 off-street parking variance only with the conditions that 1) a solid wall or fence be constructed on the southern property line within six (6) months of approval and 2) that the property be replatted into one lot.

Ms. Lorraine Shewan, owner, and Mr. Doug Lant, contractor, were both available to speak for the petition. Mr. Lant stated that the requirement for the replat is understandable, however the wall on the south end of the property could possible pose a danger or even security problem in the long run. Mr. Lant also stated that there is no direct approach that end of the parking lot off Scenic. A wall would close in that entire end of the building and parking lot. He stated that consideration that some off-street, or shared parking of surrounding properties be considered, plus that they be allowed a study of entering or exiting of the property within a six month period to see if there were any problems or dangers that get noted.

Ms. Shewan wanted to address the concerns with the protest. She stated that they will be operating two family restaurants now, and not a sports bar anymore. They will be closing at 11PM at the latest, however, they will close at 10PM through the winter. She also stated that even though there will be alcohol served in the restaurants, there shouldn’t be as many concerns about drinking.

Chairman Sanders addressed staff concerns about the wall. She stated that the wall should be considered for a noise and disturbance barrier than anything else. The parking design was also discussed with Commissioner Martin regarding entrances and exiting. Ms. Few stated that if the property to the south were to be utilized for parking in any way, there would have to be a five foot (5") wall built there, as required by ordinance.

Chairman Sanders asked if the initial plan for the front patio was to have it enclosed—which is why the variance is now required. Mr. Lant stated that originally, there was an open, but covered patio there which they did not intend to enclose, but decided to as the plans changed during construction and remodeling.

Mr. Lant expressed the concern that they will not be able to tell what parking requirements they will need. Therefore, they are requesting to have a six-month time period in which to either acquire more property or make necessary changes to the current area.

Mr. Patrick Vandergriff, Building and Zoning Manager, for the City of Alamogordo, was available to speak on behalf of the petition. Mr. Vandergriff stated that the owner and contractor certainly have the opportunity to come back for an amendment to whatever the decision was of the Commission after a six month period, however, it may be easier rather that them asking to be allowed to leave the fence out and think about it six months later; to put the fence in there and allow them the opportunity to come back in six months and bring the neighbors with them if they are supportive of some other alternative. Also, if the fence does go in, there are opportunities for them to install additional curb cuts on the front of that property on that end. Mr. Vandergriff finished by saying that the two recommendation conditions should have the six-month requirement in both conditions, so that there is no misunderstanding of what staff is looking for.

Commissioner Martin asked what type of fence would satisfy the requirement. Both Sharon Few and Patrick Vandergriff answered that as long as it was a type of material or hedge which would mitigate the noise and light. Mr. Vandergriff stated that they may approach at any time to ask for a waiver of something that has been set in play, as it could be amended at a later date without a problem.

Ms. Sue Burroughs was available to speak in regards to her protest letter. Ms. Burroughs stated that the alley that is in contention doesn’t even need to be there. It has been used as a cut-off between Scenic Drive and Bonnell Drive for all the years that she has lived in the area. Ms. Burroughs also stated that if the alley is allowed to be used for more traffic, the residents will be even more inconvenienced by the nuisances this will cause.

Commissioner Martin made a motion "TO RECOMMEND APPROVAL OF CASE V-03-030467(A) FOR THE PARKING VARIANCE WITH THE CONDITION THAT A SOLID WALL OR FENCE BE CONSTRUCTED ON THE SOUTHERN PROPERTY LINE, AND THAT THE PROPERTY BE REPLATTED INTO ONE LOT WITHIN SIX MONTHS." Seconded by Commissioner Goga. All voted "AYE", passing the motion by a vote of 4-0-0.

Chairman Sanders noted that the City Clerk will need to provide hearing assistance for Ms. Burroughs at the City Commission meeting on December 18th. Ms. Few stated that she will inform the City Clerk of those requirements right after this meeting.

F. CLOSE PUBLIC HEARING. Chairman Sanders declared the Public Hearing Closed.

The Planning Commission took a five (5) minute break at this time before resuming to the meeting.

5. MISCELLANEOUS.

CASE: A-03-0058(A). PETITIONER: N2, Inc., owner, by Douglas D. Nelson, President. 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: ±21.999. acres. LOCATION: East side of S. Florida Avenue. CURRENT LEGAL: A tract of land in the North half Northwest quarter of Section 32, T16S, R10E, NMPM, described as follows: Beginning at the Northwest corner of Section 32, T16S, R10E, NMPM, and going South 89 degrees 19 minutes 50 seconds East along the North line of said Section 32 a distance of 1334.09 feet; thence South 00 degrees 19 minutes 49 seconds West a distance of 718.13 feet; thence North 89 degrees 19 minutes 51 seconds West a distance of 1334.79 feet; thence North 00 degrees 23 minutes 08 seconds East a distance of 718.13 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling) upon annexation.

Ms. Few reported that N2, Inc., owns 21.999 acres in Section 32, T16S, R10E, NMPM, Otero County, New Mexico. They have submitted a petition to the City, together with the required fees and plats, requesting annexation of the property into the corporate limits of the City of Alamogordo. The property, on S. Florida Avenue, is currently un-zoned as there is no zoning outside the City limits. Pursuant to Section 2-07-040 and Section 29-01-030 of the Code of Ordinance of the City of Alamogordo, New Mexico, all territory is zoned District "A" (Single Family Dwelling District) upon annexation. Therefore, development of the acreage will be limited to one (1) single family dwelling unit per lot (or another use allowed in District "A") until platting of the property and/or rezoning are approved by the City Commission. The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban) residential. The property is located inside the City’s utility extension and annexation area. Within the City of Alamogordo public streets are required, in accordance with the "Technical Standards". A variance has been requested by the developer regarding improvements on Florida Avenue. A Waiver of Protest Agreement has been drafted. The impact on drainage of development over and above one (1) single family use can not be determined without receipt and review of a site development plan with hydraulic data. 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. Staff recommends approval of the requested annexation for Case A-03-0058(A), 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, and with the execution of the Avigation Easement and Waiver of Protest Agreement.

Mr. Klad Zimmerle, of Alamotero Land Surveys, was present to represent the case. Mr. Zimmerle stated that this item started about thirty days ago. He stated that they had a meeting with City Staff for a proposed subdivision. After working with them, they have the subdivision design and the first step in the whole item it to annex the property. He went on to say that they have submitted the subdivision to the City of Alamogordo for ten (10) residential lots, which should be zoned for multi-family use. They have requested a rezoning for that and this area should act as a buffer between the trailer subdivision to the north and the residential units that are planned to go in here.

Mr. Brian McGuire was available to speak on behalf of the City of Alamogordo for this petition. Mr. McGuire stated that these folks came in about a month ago to meet with staff to go over as many issues as could be seen ahead of time to work out everything. He finished by saying that he felt that it worked well and staff is in full support of this proposal.

Mr. Doug Nelson was also available to speak on behalf of N2, Inc. He stated that he had a question about the waiver of protest. He stated that this property was originally owned by Billy and Ramona Duncan. The City of Alamogordo approached them in approximately 2001 after the City fire station was built to address the drainage issue on Florida Avenue as a fire safety concern. The City of Alamogordo requested a portion of this property from the Duncans in exchange for a letter of agreement stating that the City would not require the improvement of South Florida Avenue in the future by the Duncans. Mr. Nelson stated that when he approached Mr. Duncan about this item, he understood that this agreement was going to be passed along with the sale of the land. Mr. Nelson stated that City’s position is that the agreement was only for the Duncans and not to the heirs of the property. He went on to state that he disagreed with that because this was a legal and binding agreement written by City staff. Part of the settlement on the purchase price was due to this agreement. Mr. Nelson stated that if necessary, he could very well go back and have Mr. Duncan go through this procedure under his name and ownership, then purchase the land at a later date. Mr. Nelson felt that the City should honor the agreement because the City has taken advantage of this for the project. As a side note, he stated, now that the topographic map is back on the property, the drainage ditch that was improved, goes onto their property an additional ten (10) to fifteen (15) feet. This is another issue that will need to be discussed with City staff before the development of the property.

Mr. McGuire stated that he spoke with the acting City Manager to discuss this matter. He stated that the document limits the agreement only to the Duncans, however City staff will recommend to both the Planning and City Commission that at the time of approval, the agreement will be honored and the City will recognize it for this petition. Mr. Nelson, requested that since the issue has been resolved, that the waiver of protest be excluded so he would not have to sign it. Mr. McGuire stated that staff agrees and recommends that the waiver of protest be excluded. Ms. Few noted that the document with the agreement should be included in the paperwork and requested that the document be submitted for the records.

Commissioner Goga made a motion "TO RECOMMEND APPROVAL OF CASE A03-0058(A) WITH THE EXCLUSION OF THE WAIVER OF PROTEST AND THAT ANY SUPPORTING DOCUMENTS BE INCLUDED TO THE CASE." Commissioner McCracken seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

6. SUBDIVISIONS.

A. CASE: S-03-0798(A). PETITIONER: Michael Drunzer and Jane Danley Drunzer, owners, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the preliminary and final plat of NORTH PARK, UNIT 5, SUBDIVISION for forty-six (46) lots; with the variances on the construction and installation of alleys, on the dedication of public land, and from the front setback standards; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±10.039 acres. LOCATION: Robert H. Bradley Drive East of Sequoia. CURRENT LEGAL: Lot 1A, Replat A, North Park Unit 4 and a tract of land in Lot 2, North Park Unit 4, Alamogordo, Otero county, New Mexico described by metes and bounds as follows: Starting at the North one-quarter corner of Section 7, T16S, R10E, NMPM, and going South 89 degrees 26 minutes 20 seconds East along the north line of said Section 7 a distance of 190.17 feet; thence South 18 degrees 49 minutes 30 seconds East a distance of 987.14 feet; thence North 71 degrees 10 minutes 30 seconds East a distance of 150.00 feet to the place of beginning of the tract of land herein described; thence North 18 degrees 49 minutes 30 seconds West a distance of 27.14 feet; thence North 71 degrees 10 minutes 30 seconds East a distance of 163.99 feet; thence along the arc of a curve to the right whose central angle is 19 degrees 23 minutes 10 seconds and whose radius is 500.00 feet an arc distance of 169.18 feet; thence South 89 degrees 26 minutes 20 seconds East a distance of 600.49 feet; thence South 74 degrees 53 minutes 42 seconds East a distance of 60.00 feet; thence North 14 degrees 25 minutes 36 seconds East a distance of 9.51 feet; thence south 74 degrees 53 minutes 42 seconds East a distance of 109.15 feet; thence South 14 degrees 25 minutes 35 seconds West a distance of 453.71 feet; thence North 75 degrees 34 minutes 25 seconds West a distance of 109.14 feet; thence North 89 degrees 45 minutes 24 seconds West a distance of 50.20 feet; thence North 89 degrees 26 minutes 20 seconds West a distance of 602.91 feet; thence along the arc of a curve to the left whose central angle is 13 degrees 07 minutes 23 seconds and whose radius is 470.00 feet an arc distance of 107.65 feet; thence along the arc of a curve to the right whose central angle is 07 degrees 42 minutes 37 seconds and whose radius is 530.00 feet an arc distance of 71.32 feet; thence North 00 degrees 33 minutes 40 seconds East a distance of 169.40 feet; thence along the arc of a curve to the left whose central angle is 19 degrees 23 minutes 10 seconds and whose radius is 525.00 feet an arc distance of 177.63 feet; thence North 18 degrees 49 minutes 30 seconds West a distance of 12.37 feet to the said place of beginning. CURRENT ZONE: District "A-1" (Townhouse).

Ms. Few reported that Michael Drunzer and Jane Danley Drunzer own property in Section 7, T16S, R10E, NMPM, within the City of Alamogordo. Approval of the preliminary and final plat of NORTH PARK, UNIT 5, SUBDIVISION for 10.039 acres has been requested. Subject subdivision is for the development of forty-six (46) single family lots. The property is zoned "A-1" (Townhouse) District. This zone classification will allow either attached or detached single-family dwelling units. The 2000 Comprehensive Plan designates this property to be developed as medium density single family urban. Through alleys, having a width of twenty feet (20'), are required in each block. Variances to the requirement of alleys have been approved by the Alamogordo City Commission for other subdivisions in the area. It is appropriate to continue the variance in this phase of the subdivision. 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. The following is a summary of the acreage due the City for dedication:

 UNIT

NO.

 NO.

LOTS

 GROSS

ACREAGE

 NET

ACREAGE

 PLD

ACRES
 1

 64

 12.900

 9.500

 0.47500
 2

 30

 7.675

 4.831

 0.24155
 3

 36

 9.010

 5.690

 0.28450
 4

 3

 39.100

 38.700

 1.93500
 Sub-total

 133

 68.334

 58.721

 2.93605
 *5

 46

 *10.039

 *7.357

 *0.36785
 TOTAL

 179

 78.725

 66.078

 3.3039

* Acreage previously platted as part of Unit 4 not used to calculate PLD requirement.

A variance to the public land dedication requirement is requested on the application. Dedication of public land should be provided with the next development phase. The minimum building setback line on all lots and other sites is required on the plat. The front setbacks must be amended on the plat to reflect the standard twenty-five foot (25') setback. Any variance to the standard must be applied for and processed through the normal public hearing procedure. As such, to avoid confusion in the future, staff is supporting a variance to the subdivision standard concurrent with this approval that the setbacks not be included on the plat for this unit as well as unit 5. The developer will then be submitting variance applications through the normal public hearing procedure—which will be heard before the Planning/Zoning Commission in February 2004. Staff had discussed expediting this straight to the City Commission, but Mr. Zimmerle has recommended against that. Addresses for each lot are required on the plat. Addresses for each lot will be provided to the consulting engineer separately and are required on the plat before filing. The installation of street improvements, in accordance with the "Technical Standards" is required. 1) On lots adjacent to an intersection, a radius on the property line should be provided to allow for the construction of sidewalk and accessibility ramps. On streets with fifty foot (50') rights-of-way, thirty-two foot (32') wide roadways (back-of-curb to back-of-curb) and twenty-five foot (25') radius curb return the property line radius should be sixteen feet (16'). 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. Additional information is needed on the engineering plans to evaluate the relationship of the grades between adjacent lots and to evaluate the drainage. This must be provided and approved by staff before consideration of the subdivision by the Planning and Zoning Commission. The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required. Concrete thrust blocks shall not interfere with drain/weep holes. This must be addressed. The point of beginning (POB) should be noted on the plat. 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. Approval of the preliminary and final plat of North Park, Unit 5, Subdivision is supported with the required plat corrections (to include the connection of Robert H. Bradley Drive to Dooley) and additional engineering information, with a variance on the requirement of alleys and setback lines not be shown on the plat as required, the deferral of public land dedication, and with a Subdivider's Contract.

Mr. Zimmerle was available to speak for this petition, however there were no questions from the Commission.

Commissioner Goga made a motion "TO RECOMMEND APPROVAL OF CASE S-03-0798(A) FOR THE PRELIMINARY AND FINAL PLAT OF NORTH PARK UNIT 5, WITH STAFF RECOMMENDATIONS AND TO EXCLUDE THE TWENTY-FIVE FOOT SETBACK LINES FROM THE FINAL PLAT." Seconded by Commissioner McCracken. All voted "AYE", passing the motion by a vote of 4-0-0.

B. CASE: S-03-0799(A). PETITIONER: Michael Drunzer and Jane Danley Drunzer, owners, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the preliminary and final plat of NORTH PARK UNIT 6, SUBDIVISION, for fifty-seven (57) lots; with the variances on the construction and installation of alleys, on the dedication of public land, and from the front setback standards; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±14.569 acres. LOCATION: South of Robert H. Bradley Drive East of Sequoia. CURRENT LEGAL: A tract of land in Lot 2, North Park Unit 4, Alamogordo Otero, County New Mexico, described by metes and bounds as follows: Starting at the North one-quarter corner of Section 7, T16S, R10E, NMPM, and going south 89 degrees 26 minutes 20 seconds East along the North line of said Section 7 a distance of 190.17 feet; thence South 18 degrees 49 minutes 30 seconds East a distance of 1063.56 feet; thence South 00 degrees 33 minutes 40 seconds West a distance of 175.82 feet; thence North 89 degrees 26 minutes 20 seconds West a distance of 256.16 feet; thence South 18 degrees 49 minutes 30 seconds East a distance of 63.61 feet to the place of beginning of the tract of land herein described; thence South 89 degrees 26 minutes 20 seconds East a distance of 335.05 feet; thence along the arc of a curve to the left whose central angle is 13 degrees 07 minutes 25 seconds and whose radius is 530.00 feet an arc distance of 121.40 feet; thence along the arc of a curve to the right whose central angle is 13 degrees 07 minutes 23 seconds and whose radius is 470.00 feet an arc distance of 107.65 feet; thence South 89 degrees 26 minutes 20 seconds East a distance of 602.91 feet; thence South 80 degrees 45 minutes 24 seconds East a distance of 50.20 feet; thence South 75 degrees 34 minutes 25 seconds East a distance of 109.14 feet; thence South 14 degrees 25 minutes 35 seconds West a distance of 1.29 feet; thence South 11 degrees 41 minutes 23 seconds West a distance of 503.97 feet; thence South 89 degrees 57 minutes 00 seconds West a distance of 162.25 feet; thence South 00 degrees 03 minutes 00 seconds East a distance of 14.24 feet; thence South 89 degrees 57 minutes 00 seconds West a distance of 874.94 feet; thence North 18 degrees 49 minutes 30 seconds West a distance of 560.49 feet to the said place of beginning. CURRENT ZONE: District "E" (Light Industrial) and District "G" (Trailer).

Ms. Few reported that Michael Drunzer and Jane Danley Drunzer own property in Section 7, T16S, R10E, NMPM, within the City of Alamogordo. Approval of the preliminary and final plat of NORTH PARK, UNIT 6 SUBDIVISION for 14.569 acres has been requested. Subject subdivision is for the development of fifty-seven (57) single family lots. The property is zoned District "E" (Light Industrial) and District "G" (Trailer). Theses zone classifications will allow any retail and many industrial uses in the "E" zone and either single-family site constructed or manufactured dwelling units in the "G" zone. Rezoning, through separate petition, should be required for any approval of this subdivision. The 2000 Comprehensive Plan designates this property to be developed as medium density single family urban. Through alleys, having a width of twenty feet (20'), are required in each block. Variances to the requirement of alleys have been approved by the Alamogordo City Commission for other subdivisions in the area. It is appropriate to continue the variance in this phase of the subdivision. 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. The following is a summary of the acreage due the City for dedication:

UNIT

NO.

NO.

LOTS

GROSS

ACREAGE

NET

ACREAGE

PLD

ACRES

 1

 64

 12.900

 9.500

 0.47500

 2

30 

 7.675

 4.831

 0.24155

 3

 36

 9.010

 5.690

 0.28450

 4

 3

 39.100

 38.700

 1.93500
 Sub-total

 133

 68.334

 58.721

 2.93605

 *5

 46

 *10.039

 *7.357

 *0.36785

 *6

 57

 *14.569

 *10.725

 *0.53625
 TOTAL

 236

 93.293

 76.803

 3.84015

* Acreage previously platted as part of Unit 4 not used to calculate PLD requirement.

A variance to the public land dedication requirement is requested on the application. Dedication of public land should be provided with this development phase. The minimum building setback line on all lots and other sites is required on the plat. The front setbacks must be amended on the plat to reflect the standard twenty-five foot (25') setback. Any variance to the standard must be applied for and processed through the normal public hearing procedure. Again, because of problems with setbacks needing to be addressed on separate variance applications, staff is again recommending that the setback lines not be included on the plat. Addresses for each lot are required on the plat. Addresses for each lot will be provided to the consulting engineer separately and are required on the plat before filing. The installation of street improvements, in accordance with the "Technical Standards" is required. On lots adjacent to an intersection, a radius on the property line should be provided to allow for the construction of sidewalk and accessibility ramps. On streets with fifty foot (50') rights-of-way, thirty-two foot (32') wide roadways (back-of-curb to back-of-curb) and twenty-five foot (25') radius curb return the property line radius should be sixteen feet (16'). 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. Additional information is needed on the engineering plans to evaluate the relationship of the grades between adjacent lots and to evaluate the drainage. This must be provided and approved by staff before consideration of the subdivision by the Planning and Zoning Commission. The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required. Concrete thrust blocks shall not interfere with drain/weep holes. This must be addressed. The point of beginning (POB) should be noted on the plat. The subdivision of the property leaves part of Lot 3, North Park Unit 4, land locked east of the drainage channel. The plat must be amended to include the remaining part of Lot 3 within the subdivision and provide public access to the property. The plat must be correct to show Lot 1, North Park Unit 4, west of and abutting lots 21-23, rather than Lot 1, Holiday Sands Unit 2. 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. Approval of the preliminary plat of North Park, Unit 6, Subdivision is supported with the required plat corrections and additional engineering information, receipt of the rezoning application, with a variance on the requirement of alleys and exclusion of setback lines on the plat, with public land dedication, and with a Subdivider's Contract.

Mr. Zimmerle was available to speak again for this petition. Mr. Zimmerle noted that the work sessions he had with City staff were tremendous. Staff was tremendous and made it a success. Mr. Zimmerle stated that he did, however, still have a reservation about the bridge connection. Mr. Zimmerle brought a drawing up to the Commission showing the design of the area. This design drawing was left with Ms. Few for filing in the paperwork. Mr. Zimmerle stated that he felt that opening up Robert H. Bradley and run it through the subdivision to North Florida is wrong. He said that he feels that the needed circulation is already there, and that a street from White Sands to Florida through these residential streets will create a problem because people will try to use it as a shortcut. Mr. Zimmerle finished by requesting that the item be forwarded as planned to the City Commission, with the exception that the connection bridge not be included.

Mr. Pat Vandergriff spoke again on behalf of the City of Alamogordo. Mr. Vandergriff stated he could explain the reason why staff put in the bridge connection requirement. Mr. Vandergriff stated that on three occasions the City Commission had gone along with the idea that they wanted a bridge in this location. It was his understanding that several of the Commission members don’t really care if it is there anymore, however, staff sees this as something that needs to be voted on. If there is a change in the Commission’s direction on this matter, then they need to make that a public change in direction. The Community Development Director is planning on writing a letter to the City Commission indicating that staff has no objections if the bridge in not put in there, however, that responsibility will be put on the Commission to decide—relative to the previous three decisions they’ve made.

Mr. Zimmerle briefly discussed the drainage plans for the area with the Planning Commission.

Commissioner Goga made a motion "TO RECOMMEND APPROVAL OF CASE S-03-0799(A) FOR THE PRELIMINARY AND FINAL PLAT FOR UNIT 6, WITH ALL ITEMS DISCUSSED IN THE WORKSESSION, AND STAFF RECOMMENDATIONS, INCLUDING THAT THE SETBACK LINES NOT BE SHOWN ON THE PLAT. ALSO, THAT THE BRIDGE CONNECTION BE INCLUDED."

The motion died due to lack of a second.

Commissioner McCracken made a motion "TO RECOMMEND APPROVAL OF CASE S-03-0799(A) FOR THE PRELIMINARY AND FINAL PLAT FOR UNIT 6, WITH ALL ITEMS DISCUSSED IN THE WORKSESSION, AND STAFF RECOMMENDATIONS, INCLUDING THAT THE SETBACK LINES NOT BE SHOWN ON THE PLAT; AND THAT THE BRIDGE CONNECTION NOT BE REQUIRED AT THIS TIME. Seconded by Commissioner Goga. All voted "AYE", passing the motion by a vote of 4-0-0.

Commissioner Goga excused himself at this time and did not return to the meeting.

C. CASE: S-03-0800(A). PETITIONER: OHHO Limited, Inc., owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the preliminary and final plat of COTTONWOOD HEIGHTS, UNIT 5, SUBDIVISION, for fifty-nine (59) lots; with variances on the construction and installation of alleys on interior blocks, and on the front setback standard; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±15.237 acres. LOCATION: N. Scenic Drive. CURRENT LEGAL: A tract of land in the Southeast quarter of Section 6, T16S, R10E, NMPM, Alamogordo, Otero County, New Mexico described by metes and bounds as follows: Starting at the East one-quarter corner of said Section 6 and going North 89 degrees 14 minutes 37 seconds West along the East/West centerline of said Section 6 a distance of 415.17 feet; thence South 00 degrees 33 minutes 40 seconds West a distance of 632.92 feet to the place of beginning of the tract of land herein described; thence continuing South 00 degrees 33 minutes 40 seconds West a distance of 425.46 feet; thence along the arc of a curve to the left whose central angle is 00 degrees 54 minutes 56 seconds and whose radius is 670.55 feet and whose chord bears South 68 degrees 53 minutes 08 seconds West an arc distance of 10.72 feet; thence along the arc of a curve to the right whose central angle is 13 degrees 31 minutes 48 inches and whose radius is 572.45 feet an arc distance of 135.18 feet; thence North 00 degrees 33 minutes 40 seconds East a distance of 10.00 feet; thence North 89 degrees 26 minutes 20 seconds West a distance of 50.00 feet; thence South 00 degrees 33 minutes 40 seconds West a distance of 15.33 feet; thence along the arc of a curve to the right whose central angle is 03 degrees 34 minutes 08 seconds and whose radius is 572.45 feet and whose chord bears South 88 degrees 46 minutes 36 seconds West a distance of 35.66 feet; thence North 89 degrees 26 minutes 20 seconds West a distance of 1154.37 feet; thence North 00 degrees 33 minutes 40 seconds East a distance of 10.00 feet; thence North 89 degrees 26 minutes 20 seconds West a distance of 50.00 feet; thence South 00 degrees 33 minutes 40 seconds West a distance of 10.00 feet; thence North 89 degrees 26 minutes 20 seconds West a distance of 121.25 feet; thence North 00 degrees 33 minutes 40 seconds East a distance of 425.91 feet; thence South 89 degrees 26 minutes 20 seconds East a distance of 171.25 feet; thence South 00 degrees 33 minutes 40 seconds West a distance of 0.91 feet; thence South 89 degrees 26 minutes 20 seconds East a distance of 1190.00 feet; thence North 00 degrees 33 minutes 40 seconds East a distance of 46.60 feet; thence South 89 degrees 26 minutes 20 seconds East a distance of 190.00 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that OHHO Limited, Inc., owns land in Section 6, T16S, R10E, NMPM, within the City of Alamogordo. Approval of the preliminary and final plat of COTTONWOOD HEIGHTS UNIT 5 SUBDIVISION for 15.237 acres has been requested. Subject subdivision is for the development of fifty-nine (59) lots. The property, on N. Scenic Drive, is zoned "A" (Single Family Dwelling) District. The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban) dwelling. Through alleys, having a width of twenty feet (20'), are required in each block. The other units of this development provide alleys. It is appropriate to continue alleys in this phase of the subdivision. The minimum building setback line on all lots and other sites is required on the plat. The front setbacks must be amended on the plat to reflect the standard twenty-five foot (25') setback. Any variance to the standard must be applied for and processed through the normal public hearing procedure Addresses for each lot are required on the plat. As such, staff recommends that the setback lines not be included on the plat. Addresses for each lot will be provided to the consulting engineer separately and are required on the plat before filing. 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 public land dedication requirement was satisfied for all of Cottonwood Heights Subdivision (235.4 acres) in 1988 when the developer dedicated property for the Dry Canyon and Beeman Canyon Diversion Ditch and for the right-of-way for N. Scenic Drive. The installation of street improvements, in accordance with the "Technical Standards" is required. (1) The lot layout must be revised so that no lots front onto N. Scenic Drive. While loop drives address part of the concern about cars backing onto an arterial it does not prevent it. With two cars in a driveway, one behind the other, the second car cannot utilize the loop drive without moving the car in front of it. Most drivers will back onto the street before they will go to the trouble of moving the car in front. (2) On lots adjacent to an intersection, a radius on the property line should be provided to allow for the construction of sidewalk and accessibility ramps. On streets with fifty foot (50') rights-of-way, thirty-two foot (32') wide roadways (back-of-curb to back-of-curb) and twenty-five foot (25') radius curb return the property line radius should be sixteen feet (16'). (3) The plat indicates that right-way for Scenic Drive will be vacated in favor of the developer. However accurate dimensions of the vacation are not provided. Vacation of such public right-of-way is not supported. The installation of utilities, in accordance with the "Technical Standards" is required. Concrete thrust blocks shall not interfere with drain/weep holes. 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 recommended the preliminary and final plat of COTTONWOOD HEIGHTS UNIT 5 pending the redesign of the subdivision to eliminate lot frontage on Scenic Drive, provide alleys, and make required plat changes. Staff recommends approval of both units of the subdivision with the required plat corrections, full dimensions, necessary documentation, with a variance for no setbacks being shown on the plat

Mr. Zimmerle was also available to represent this item. Mr. Zimmerle stated that everybody is doing their best to comply with the City’s requests. The engineering will need to be redone, however it is almost done and they will be able to move forward with this. He stated that this a good layout as it will allow for no frontage on N. Scenic Drive.

Chairman Sanders asked if there were any problems with City staff’s concerns. Mr. Zimmerle stated that he does not, however he is getting the numbers on the public land dedication. He stated that is may not end up being a full five percent (5%), but the ordinance states that it is up to a maximum of five percent. The figures will be based on the owner donating the lot in High Sierra West or PRV station and then drainage right-of-ways, and the original twenty (20) feet of Scenic Drive right-of-way plus the left over easement on the upper end. Mr. Zimmerle stated that it will come fairly close to satisfying the requirement, however he said that he would have the actual percentage soon.

Mr. Vandergriff stated that his only concern from the Code Enforcement end prospective, is that he would not want to see an eighty-foot (80’) vacant strip now that the Corps of Engineers ditch has move way north. That is why Mr. Zimmerle was asked to give an exact percentage; so that we could make a recommendation to the Commission. Mr. Vandergriff said that because those figures are getting taken care of, he feels a lot better about it.

Commissioner McCracken made a motion "TO RECOMMEND APPROVAL OF CASE S-03-0800(A) PER STAFF RECOMMENDATIONS, WITH A VARIANCE THAT THE SETBACK LINES NOT BE SHOWN ON THE PLAT." Commissioner Martin seconded the motion. All voted "AYE", passing the motion by a vote of 3-0-0.

D. CASE: S-03-0801(A). PETITIONER: OHHO Limited, Inc., owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the preliminary and final plat of COTTONWOOD HEIGHTS, UNIT 6, SUBDIVISION, for eighty-three (83) lots; with variances on the construction and installation of alleys on interior blocks, and on the front setback standard; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±21.205 acres. LOCATION: N. Scenic Drive. CURRENT LEGAL: A tract of land in the Southeast quarter of Section 6, T16S, R10E, NMPM, Alamogordo, Otero County, New Mexico described by metes and bounds as follows: Starting at the East one-quarter corner of said Section 6 and going North 89 degrees 14 minutes 37 seconds West along the East/West centerline of said Section 6 a distance of 415.17 feet; thence South 00 degrees 33 minutes 40 seconds West a distance of 120.00 to the place of beginning of the tract of land herein described; thence continuing South 00 degrees 33 minutes 40 seconds West a distance of 512.92 feet; thence North 89 degrees 26 minutes 20 seconds West a distance of 190.00 feet; thence South 00 degrees 33 minutes 40 seconds West a distance of 46.60 feet; thence North 89 degrees 26 minutes 20 seconds West a distance of 1190.00 feet; thence North 00 degrees 33 minutes 40 seconds East a distance of 0.91 feet; thence North 89 degrees 26 minutes 20 seconds West a distance of 171.25 feet; thence North 00 degrees 33 minutes 40 seconds East a distance of 563.90 feet; thence North 45 degrees 39 minutes 31 seconds East a distance of 28.24 feet; thence North 00 degrees 33 minutes 40 seconds East a distance of 20.00 feet; thence South 89 degrees 14 minutes 37 seconds East a distance of 1491.26 feet; thence South 44 degrees 20 minutes 29 seconds East a distance of 56.66 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that OHHO Limited, Inc., owns land in Section 6, T16S, R10E, NMPM, within the City of Alamogordo. Approval of the preliminary and final plat of COTTONWOOD HEIGHTS UNIT 6 SUBDIVISION for 21.205 acres has been requested. Subject subdivision is for the development of eighty-three (83) lots. The property, on N. Scenic Drive, is zoned "A" (Single Family Dwelling) District. The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban) dwelling. Through alleys, having a width of twenty feet (20'), are required in each block. The other units of this development provide alleys. It is appropriate to continue alleys in this phase of the subdivision. The minimum building setback line on all lots and other sites is required on the plat. The front setbacks must be amended on the plat to reflect the standard twenty-five foot (25') setback. Any variance to the standard must be applied for and processed through the normal public hearing procedure. As such, staff recommends that the setback lines not be included on the plat. Addresses for each lot are required on the plat. Addresses for each lot will be provided to the consulting engineer separately and are required on the plat before filing. 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 public land dedication requirement was satisfied for all of Cottonwood Heights Subdivision (235.4 acres) in 1988 when the developer dedicated property for the Dry Canyon and Beeman Canyon Diversion Ditch and for the right-of-way for N. Scenic Drive. The installation of street improvements, in accordance with the "Technical Standards" is required. (1) On lots adjacent to an intersection, a radius on the property line should be provided to allow for the construction of sidewalk and accessibility ramps. On streets with fifty foot (50') rights-of-way, thirty-two foot (32') wide roadways (back-of-curb to back-of-curb) and twenty-five foot (25') radius curb return the property line radius should be sixteen feet (16'). (2) The plat indicates that right-of-way for the Beeman Canyon and Dry Canyon Drainage Channels will be vacated in favor of the developer. However accurate dimensions of the vacation are not provided. Vacation of such public right-of-way has not been evaluated. The installation of utilities, in accordance with the "Technical Standards" is required. Concrete thrust blocks shall not interfere with drain/weep holes. 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 both units of the subdivision with the required plat corrections, full dimensions, necessary documentation, with a variance for no setbacks being shown on the plat.

Because both units of the subdivision were commented on simultaneously, this item was included in the previous case.

Commissioner McCracken made a motion "TO RECOMMEND APPROVAL OF CASE S-03-0801(A) PER STAFF RECOMMENDATIONS, WITH A VARIANCE THAT THE SETBACK LINES NOT BE SHOWN ON THE PLAT." Commissioner Martin seconded the motion. All voted "AYE", passing the motion by a vote of 3-0-0.

E. CASE: S-03-0802. PETITIONER: C. J. Dugan, owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the preliminary and final plat of RATH TARA ESTATES, PHASE 4, SUBDIVISION, for twenty-four (24) lots; with variances on the construction and installation of alleys and from the dedication of public land; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±7.567 acres. LOCATION: Princes Diana Drive and Burnage Lane. CURRENT LEGAL: A tract of land in the Northwest quarter Northeast quarter of Section 31, T16S, R10E, NMPM, Alamogordo, Otero County, New Mexico described by metes and bounds as follows: Starting at the Northeast corner of said Northwest quarter Northeast quarter and going South 00 degrees 10 minutes 59 seconds East along the East line of said Northwest quarter Northeast quarter a distance of 710.02 feet; thence South 89 degrees 20 minutes 29 seconds West a distance of 271.66 feet to the place of beginning of the tract of land herein described; thence South 00 degrees 39 minutes 31 seconds East a distance of 270.00 feet; thence South 89 degrees 20 minutes 29 seconds West a distance of 631.26 feet; thence North 00 degrees 39 minutes 31 seconds West a distance of 270.00 feet; thence North 89 degrees 20 minutes 29 seconds East a distance of 631.26 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling) and District "D" (Business).

Ms. Few reported that C. J. Dugan own property in Section 31, T16S, R10E, NMPM, within the City of Alamogordo. Approval of the preliminary and final plat of RATH TARA ESTATES, PHASE 4, SUBDIVISION for 7.567 acres has been requested. Subject subdivision is for the development of twenty-three (23) residential lots and one (1) commercial lot. The property is zoned "A" (Single Family Dwelling) District and "D" (Business) District. The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban). The metes and bounds description of the property describes only 3.913 acres of the area shown on the plat or listed on the application. Additionally, references in the description to "Lot 5 and Lots 9-12, Block 3 Rath Tara Estates, Phase 2" do not appear to refer to any property shown on the plat. The legal description of the property and the plat must be corrected prior to consideration of the subdivision. The name of the subdivision must be annotated on the plat to denote that this is "PHASE 4" to conform with previous units. This must be completed prior to the plat being released for filing. 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 prepared. Through alleys, having a width of twenty feet (20'), are required in each block. Variances to the requirement of alleys 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. The right-of-way width of Ascot Parade must be included on the plat. Addresses for each lot are required on the plat. Addresses for each lot will be provided to the consulting engineer under separate cover and are required on the plat prior to filing. 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. Until such time as the acreage and description are clarified, no calculations can be provided. A variance to the public land dedication requirement is requested on the application. A variance to the dedication requirement is not supported. The installation of street improvements, in accordance with the "Technical Standards" is required. On lots adjacent to an intersection, a radius on the property line should be provided to allow for the construction of sidewalk and accessibility ramps. On streets with fifty foot (50') rights-of-way, thirty-two foot (32') wide roadways (back-of-curb to back-of-curb) and twenty-five foot (25') radius curb return the property line radius should be sixteen feet (16'). The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required. Concrete thrust blocks shall not interfere with drain/weep holes. 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 recommended approval of the preliminary and the final plats of both Rath Tara Estates, unit 4; and Rath Tara Estates, unit 5.

Mr. Zimmerle was available to represent this case. Mr. Zimmerle stated that this a continual layout. He also stated that Mr. Dugan gave the City of Alamogordo the right-of-way for Hamilton Road, from behind the Hampton Inn to where it ties into the old road. The street was installed, however there were not utilities installed, only stub-outs. That area is 2.8 acres—which is almost the full five percent of the requirement. Mr. Zimmerle also stated that he has also done a lot to improve the flooding in that area by giving a forty-foot (40’) channel along the east boundary. This has given an outlet for some ponds—which he has constructed for the City. This also has moved the flow paths down to a single outlet farther down. That drainage easement there was about 2.2 acres, so in all Mr. Zimmerle stated, basically about five (5) acres has already been given. Mr. Zimmerle went on to say that they are also planning a park area in addition to this. He ended by commenting that this is just another sign of some good growth in the city.

Mr. Zimmerle and Ms. Few discussed with the Commission the future development of this subdivision—including the public land dedications for the future park area. Ms. Few stated that those items are still in the planning stage and will be heard at a later date by the Planning Commission.

Commissioner Martin asked if the City has any problems with the public land dedication—according to the information that Mr. Zimmerle gave. Ms. Few answered that she did not believe that the City has any problems with the public land dedication, however if there are, it will be worked out with Mr. Zimmerle and Mr. Dugan.

Commissioner Martin made a motion "TO RECOMMEND APPROVAL OF CASE S-03-0802(A) OF THE PRELIMINARY AND FINAL PLAT OF RATH TARA ESTATES UNIT 4 AS PER STAFF RECOMMENDATIONS FROM THIS MEETING." Commissioner McCracken seconded the motion. All voted "AYE", passing the motion by a vote of 3-0-0.

F. CASE: S-03-0803(A). PETITIONER: C. J. Dugan, owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the preliminary and final plat of RATH TARA ESTATES, PHASE 5, SUBDIVISION, for twenty-one (21) lots; with variances on the construction and installation of alleys, and from the dedication of public land; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±4.688 acres. LOCATION: Dublin Lane. CURRENT LEGAL: A tract of land in the Northwest quarter Northeast quarter of Section 31, T16S, R10E, NMPM, Alamogordo, Otero County, New Mexico described by metes and bounds as follows: Starting at the Northeast corner of said Northwest quarter Northeast quarter and going South 00 degrees 10 minutes 59 seconds East along the East line of said Northwest quarter Northeast quarter a distance of 1131.26 feet to the place of beginning of the tract of land herein described; thence continuing South 00 degrees 10 minutes 59 seconds East a distance of 130.00 feet. Thence South 89 degrees, 49 minutes 01 seconds West a distance of 200.00 feet; thence North 00 degrees 10 minutes 59 seconds West a distance of 9.56 feet; thence South 89 degrees 20 minutes 29 seconds West a distance of 719.12 feet; thence along the arc of a curve to the left whose central angle is 19 degrees 27 minutes 36 seconds and whose radius is 362.27 feet and whose chord bears North 09 degrees 04 minutes 17 seconds East an arc distance of 123.04 feet; thence North 00 degrees 39 minutes, 31 seconds West a distance of 149.31 feet; thence North 89 degrees, 20 minutes 29 seconds East a distance of 631.26 feet; thence South 00 degrees, 39 minutes 31 seconds East a distance of 160.00 feet; thence North 89 degrees 20 minutes 29 seconds East a distance of 118.08 feet; thence North 00 degrees 10 minutes 59 seconds West a distance of 10.02 feet; thence North 89 degrees 49 minutes 01 seconds East a distance of 150 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms Few reported that C. J. Dugan own property in Section 31, T16S, R10E, NMPM, within the City of Alamogordo. Approval of the preliminary and final plat of RATH TARA ESTATES, PHASE 5, SUBDIVISION for 4.688 acres has been requested. Subject subdivision is for the development of twenty-one (21) residential lots. The property is zoned "A" (Single Family Dwelling) District. The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban). The name of the subdivision must be annotated on the plat to denote that this is "PHASE 5" to conform with previous units. This must be completed prior to the plat being released for filing. 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 prepared. Through alleys, having a width of twenty feet (20'), are required in each block. Variances to the requirement of alleys have been approved by the Alamogordo City Commission for other subdivisions in the area. Addresses for each lot are required on the plat. Addresses for each lot will be provided to the consulting engineer under separate cover and are required on the plat prior to filing. 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. Until such time as the acreage and description are clarified on Unit 4, no calculations can be provided. A variance to the public land dedication requirement is requested on the application. A variance to the dedication requirement is not supported. The installation of street improvements, in accordance with the "Technical Standards" is required. On lots adjacent to an intersection, a radius on the property line should be provided to allow for the construction of sidewalk and accessibility ramps. On streets with fifty foot (50') rights-of-way, thirty-two foot (32') wide roadways (back-of-curb to back-of-curb) and twenty-five foot (25') radius curb return the property line radius should be sixteen feet (16'). The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required. Concrete thrust blocks shall not interfere with drain/weep holes. 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 recommended approval of the preliminary and the final plats of both Rath Tara Estates, unit 4; and Rath Tara Estates, unit 5.

Because both units of the subdivision were commented on simultaneously, this item was included in the previous case.

Commissioner Martin made a motion "TO RECOMMEND APPROVAL OF CASE S-03-0803(A) OF THE PRELIMINARY AND FINAL PLAT OF RATH TARA ESTATES UNIT 5 AS PER REVISED STAFF RECOMMENDATIONS FROM THIS MEETING." Commissioner McCracken seconded the motion. All voted "AYE", passing the motion by a vote of 3-0-0.

7. REPORTS.

A. City Planner.

(1) January Agenda. Ms. Few reported that there are three items on the January agenda. There will be the annual open meeting resolution, the rezoning, and the preliminary and final plat on Mr. Nelson’s annexation area.

(2) Expiration of Terms. Ms. Few reported that Mr. Goga has been reappointed as of the 25th of November. His term of office will now expire in 2005. Ms. Sanders has an expiration of term at the end of next month, so she will be with the Commission for at least one more meeting. Also, Ms. Few stated that she has received official notification from Commissioner Preciliano Martin, that this would be his last meeting.

(3) Annual Report. Ms. Few stated that the annual report will be included in the January 2004 meeting.

(4) Other. Ms. Few thanked the Planning/Zoning Commission for their hard work and especially for allowing the City to conduct afternoon meetings because otherwise meetings as this would not adjourn until late at night or two to three in the morning. Ms. Few also spoke on behalf of all the staff in wishing the Commission a happy and safe holiday season and New Year.

B. City Attorney.—None

C. Chairman. Chairman Sanders asked if there was a response to her e-mail question to Ms. Few. Ms. Few stated that the question was asked if there are any other fines or options available on any variance where the infringement had already occurred and the person was going to be appearing in front of the Planning/Zoning Commission seeking forgiveness, rather than asking for permission up front. Ms. Few went on to say that under City of Alamogordo ordinances, there are criminal penalties available through Municipal Court and they must be filed through the Code Enforcement office and then taken through Municipal Court. The maximum fine is $500, however, In the last year, out of over eighty (80) cases that were taken through the Municipal judge; the maximum fine that has been received has been right at $100. Ms. Few went on to say that until the climate changes in the courts, it isn’t really worth City staff efforts to pursue these things that don’t even cover the costs of taking them to court.

D. Commissioners.

(1) Representative from HAFB.—None

(2) Representative to County Planning Commission.—None

(3) General. Mr. Patrick Vandergriff addressed some of the concerns that the Commission had concerning building violations, penalties and the court situation.

Mr. Vandergriff stated that he has discussed some of the concerns with the Brian McGuire, Community Development Director. Mr. Vandergriff stated that in handling these types of violations, historically the people have always been given the opportunity to make it right. Changing the policy has been discussed, however, the courts always want to know if the department has given the person the opportunity to make it right. If there is a variance that is normally allowed, and we don’t allow them the opportunity to file for that variance if we’ve allowed another person or business to do the same in recent history. Therefore, the staff walks a fine line avoiding unequal enforcement and avoiding situations where we have gone after somebody in court and they hit us with what is called "Substantial Compliance Law"—In other words, they can say "I didn’t understand". Therefore, Mr. Vandergriff stated, if we decide to make a change in policy, it would be made in writing to be effective from that day forward because there is such a potential for legal liabilities for the City of Alamogordo. Otherwise, the City will continue to allow property owners the opportunity to fix the violation to avoid any legal problems until there is a policy change. Mr. Vandergriff finished by saying that of the eighty plus cases that he has taken to Municipal Court this year, he has made less than $400 in fines. Now, the department has been forced to use alternative methods to deal with the violation complaints.

8. PERSONS TO BE HEARD - None.

9. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Martin made a motion "TO ADJOURN". Seconded by Commissioner McCracken. All voted "AYE", passing the motion by a vote of 3-0-0. The meeting adjourned at approximately 4:12 p.m.

Approved: January 7, 2004

/s/ Ginna L. Sanders, Chairman

ATTEST:

/s/ J. Gregory Garcia, Recording Secretary