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February 5, 2003, P&Z Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

FEBRUARY 5, 2003

 

MEMBERS PRESENT:

Mr. Jack M. Glahn, Acting Chairman.

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

Mr. Mark S. Goga, Member.

Mr. Richard M. McCracken, Member.

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

MEMBERS ABSENT:

Ms. Ginna L. Sanders, Chairman.

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. Michael Potter, Recording Secretary.

OTHERS PRESENT:

Mr. John L. Green; Mr. Tommy French; Mr. Klad Zimmerle, PLS; Mr. Ernesto Martinez; and other unidentified persons.

1. CALL TO ORDER. Acting Chairman Glahn called the regularly scheduled February 5, 2002, meeting to order at approximately 1:30 p.m. Acting Chairman Glahn noted that two (2) items were to be considered. 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 February 25, 2003, to render final decisions.

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

3. MINUTES OF JANUARY 8TH REGULAR MEETING, AND FEBRUARY 2ND INSPECTION TOUR, 2003. Commissioner Martin made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner Goga. All voted "AYE", approving the motion by a vote of 4-0-0.

4. SUBDIVISIONS.

A. CASE: S-02-0767(A). PETITIONER: S. Thomas Overstreet, Deanna E. Overstreet, and the Green Family Trust, owners, by Klad Zimmerle, PLS, agent. REQUEST: Approval of the final plat of FOOTHILLS, UNIT 3, for twelve (12) lots; with variances on the construction and installation of alleys, on the installation of sewer lines, on the construction of streets to City standards (curb and gutter) and from Section 22-01-140(b)(1) relating to drainage plans; with public access, and septic tank systems; located within the City of Alamogordo. TOTAL AREA: ±32.144 acres. LOCATION: S. Scenic Drive. CURRENT LEGAL: A tract of land in the Southeast quarter Northwest quarter of Section 28, T16S, R10E, NMPM, described by metes and bounds as follows: Starting at the North one-quarter corner of said Section 28 and going South 00 degrees 06 minutes 58 seconds East along the North/South centerline of said Section 28 a distance of 1326.64 feet to the place of beginning of the tract of land herein described; thence continuing South 00 degrees 06 minutes 58 seconds East a distance of 1326.64 feet; thence North 89 degrees 28 minutes 58 seconds West a distance of 1072.48 feet to the East right-of-way line of Scenic Drive; thence North 00 degrees 09 minutes 57 seconds West along said right-of-way line a distance of 187.03 feet; thence North 89 degrees 50 minutes 03 seconds East along said right-of-way line a distance of 50.00 feet; thence North 00 degrees 09 minutes 57 seconds West along said right-of-way line a distance of 50.00 feet; thence South 89 degrees 50 minutes 03 seconds West along said right-of-way line a distance of 50.00 feet; thence North 00 degrees 09 minutes 57 seconds West along said right-of-way line a distance of 139.79 feet; thence South 75 degrees 00 minutes 00 seconds East along said right-of-way line a distance of 144.28 feet; thence North 15 degrees 00 minutes 00 seconds East along said right-of-way line a distance of 100.00 feet; thence North 75 degrees 00 minutes 00 seconds West along said right-of-way line a distance of 150.67 feet; thence North 00 degrees 09 minutes 57 seconds West along said right-of-way line a distance of 37.95 feet; thence South 89 degrees 50 minutes 03 seconds West along said right-of-way line a distance of 20.00 feet; thence North 00 degrees 09 minutes 57 seconds West along said right-of-way line a distance of 501.83 feet; thence North 89 degrees 50 minutes 03 seconds East along said right-of-way line a distance of 50.00 feet; thence North 00 degrees 09 minutes 57 seconds West along said right-of-way line a distance of 60.00 feet; thence South 89 degrees 50 minutes 03 seconds West along said right-of-way line a distance of 50.00 feet; thence North 00 degrees 09 minutes 57 seconds West along said right-of-way line a distance of 249.42 feet; thence South 89 degrees 36 minutes 50 seconds East a distance of 1073.61 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling). RECOMMENDATION: Approval of the final plat with variances on the construction and installation of alleys, on the installation of sewer lines, and on the construction of streets to City standards (curb and gutter) is supported by staff with the required plat corrections and resolution of the drainage report, embankment protection, and public land dedication issues.

Ms. Few gave a brief review of the above information. She stated the Parks and Recreation Director does not feel that the proposed public land dedication is an appropriate site as it is in the bottom of an arroyo. Either an alternate site needs to be provided or the developer needs to provide some other proposal. The proposal to stabilize the arroyo near Lot 12 needs to be clarified; and easement widths need to be spelled out. A draft of a Subdivider's Contract. Staff recommends approval of this final plat with variances on the construction and installation of alleys, on the installation of sewer lines, and on the construction of streets to City standards (curb and gutter) is supported by staff with the required plat corrections and resolution of the drainage report, embankment protection, and public land dedication issues.

Mr. Klad Zimmerle came forward to represent this issue. He described this development as a rural setting with large lots and custom-built homes.

Mr. Zimmerle said that he would like to meet with Mr. Matt McNeile, Director of Community Services for the City of Alamogordo, to discuss the park issue. He stated that the development is not adjacent to any park or recreation facility; that South Scenic is the most use hiking trail in all of Alamogordo. He stated that the developer realized that the arroyo needed to be removed from the public lands dedicated for the park; that the arroyo needed to be given as a drainage right-of-way. Mr. Zimmerle proposed that a small half-acre would still provide adequate place for a rest area.

Commissioner Martin asked for clarification on how much acreage represented what percentage of the total. Mr. Zimmerle stated that the developer was proposing a half-acre area half way along the South Scenic hiking area that would include water and shaded areas.

Commissioner Glahn asked why there would be no sidewalks. Mr. Zimmerle responded that the development was going to be left in a natural setting and the surface flow would be cross country, will use bar ditches, low water crossings, and culverts. The developer is proposing five-foot walking paths on the downhill sides of all the streets.

Commissioner Glahn asked about septic and water. Mr. Zimmerle stated that the developer would be installing the infrastructure for connection to water and that septic tanks would be used instead of City sewers.

Commissioner Martin asked about the roads east of the development being private. Mr. Zimmerle pointed out on the plat the private roads and lot locations to the east of the development. The type of road being proposed for this development would be public and constructed for lighter traffic than main roads.

Commissioner Martin said that he felt uncomfortable with half-acre park. Mr. Zimmerle said that the half-acre concession had not been discussed with Mr. Matt McNeile, yet.

Ms. Few asked if the developers were proposing to provide cabanas as well as the half-acre. Mr. John Green came forward and explained that the cut off of Scenic fits in perfectly with the subdivision. Based upon the staff recommendation against the park, Commissioner Martin restated his objection to this final plat. Mr. Zimmerle suggested conditional approval with the proviso that Mr. Matt McNeile would approve the new proposed park at a meeting to be scheduled in the very near future.

Commissioner Urey asked for clarification of a plat detail showing a sewer line manhole cover considering each home was to have septic systems. Mr. Zimmerle explained that this was a standard detail used for all subdivisions.

There was further discussion of conditions for approval at this meeting.

Commissioner Martin stated that he would prefer that the developers work out the details for the park before the final plat coming before the Planning and Zoning Commission. Commissioner Martin made a motion "TO POSTPONE ACTION ON THE APPLICATION UNTIL THE NEXT MEETING PENDING WORKING OUT THE PUBLIC LAND DEDICATION WITH THE CITY". The motion died for lack of a second.

Commissioner Goga voiced his concerns that Parks and Recreation Department does not feel that the proposed site is appropriate for public land dedication. Mr. Zimmerle said that he believed the comment from Parks and Recreation was specific to the arroyo. The half-acre under discussion today is totally away from the arroyo.

Commissioner Goga made a motion "RECOMMENDING APPROVAL WITH THE CONDITIONS THAT THE PLAT CORRECTIONS ARE TAKEN CARE OF AND THE DRAINAGE REPORT IS TAKEN CARE OF WITH CONCERNS TO THE EMBANKMENT PROTECTION AND THE ISSUE OF PUBLIC LANDS DEDICATION IS ADDRESSED". Commissioner McCracken seconded the motion. Commissioners Glahn, Goga, and McCracken voted "AYE" and Commissioner Martin voted "NAY". The motion was approved by a vote of 3-1-0.

B. CASE: S-03-0775(A) & S-03-0776(A). PETITIONER: Tierra de Suenos, Inc., owner, by Klad Zimmerle, PLS, agent. REQUEST: Approval of the preliminary plat of TIERRA DE SUENOS, UNITS 6 AND 7 for fifty-five (55) lots; with variances on the construction and installation of alleys; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±15.621 acres. LOCATION: Camino Real and Cielo Grande. CURRENT LEGAL: A tract of land in the Southeast quarter of Section 31, T16S, R10E, NMPM, described by metes and bounds as follows: Starting at the Southwest corner of said Section 31 and going North 00 degrees 17 minutes 52 seconds West along the west line of said Section 31 a distance of 705.00 feet; thence North 89 degrees 42 minutes 08 seconds East a distance of 1175.75 feet to the place of beginning of the tract of land herein described; thence North 00 degrees 17 minutes 52 seconds West a distance of 127.75 feet; thence along the arc of a curve to the right whose central angle is 00 degrees 45 minutes 10 seconds and whose radius is 1435.53 feet and whose chord bears South 86 degrees 42 minutes 54 seconds East an arc distance of 18.86 feet; thence North 00 degrees 17 minutes 52 seconds West a distance of 499.09 feet; thence North 89 degrees 38 minutes 27 seconds East a distance of 1024.15 feet; thence South 00 degrees 04 minutes 50 seconds West a distance of 665.98 feet; thence South 89 degrees 40 minutes 26 seconds West a distance of 963.47 feet; thence North 00 degrees 05 minutes 50 seconds West a distance of 39.68 feet; thence South 89 degrees 42 minutes 08 seconds West a distance of 75.25 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling). RECOMMENDATION: Approval the preliminary plat with the requested variances, on the condition that all staff concerns be completely addressed prior to consideration of any final plat.

Ms. Few provided staff comments. The property is zoned for single family occupancy and the Master Plan denotes the area for residential and trailer. Plat corrections are needed to include bearing and distances on the exterior boundary of the property, location and widths of easements, utility proposed on and adjacent to the site, adjacent zoning, key plan, and building set back lines. Variances have been requested on alleys which is appropriate as the rest of the subdivision was approved without alleys. Water service will be City water. A sign-off sheet for utilities is needed as well as an additional five (5) foot easement on the front of the lots. There is currently a Public Land Dedication credit with these two units. The remaining credit will be slightly more than four (4) acres. All utilities will be to City standards. An Avigation Easement will be developed along with a Subdivider’s Contract. The final plats of Units 6 and 7 must be submitted separately. Staff recommends approval if the above conditions are met. This item will not go before the City Commission.

Mr. Tom French came forward to represent the item. Commissioner Goga asked about filing each final plat separately. He asked that if the commissioners approved this item, which number would be used. Ms. Few answered that both numbers would be used.

Commissioner Goga made a motion "RECOMMENDING APPROVAL OF THE PRELIMINARY PLATS WITH THE CONDITION THAT ALL STAFF CONCERNS BE ADDRESSED PRIOR TO CONSIDERATION FOR FINAL PLAT". Commissioner McCracken seconded the motion. All voted "AYE", approving the motion by a vote of 4-0-0.

5. REPORTS.

A. City Planner.

(1) March Agenda. There is one subdivision for the March Meeting.

(2) Election of Officers: The following Commissioners were voted into the positions below.

a. Commissioner Martin made a motion to "NOMINATE CHAIRMAN SANDERS TO THE POSITION OF CHAIRMAN". Commissioner Goga seconded the motion. All voted "AYE", approving the motion by a vote of 4-0-0. Ms. Ginna Sanders will serve as Chairman for the Planning and Zoning Commission until February 2004.

b. Commissioner Martin made a motion to "NOMINATE COMMISSIONER GLAHN TO THE POSITION OF FIRST VICE-CHAIRMAN". Commissioner Goga seconded the motion. All voted "AYE", approving the motion by a vote of 4-0-0. Mr. Jack Glahn will serve as First Vice-Chairman for the Planning and Zoning Commission until February 2004.

c. Commissioner Glahn made a motion to "NOMINATE COMMISSIONER MARTIN TO THE POSITION OF SECOND VICE-CHAIRMAN". Commissioner Martin respectfully declined and the motion was removed. Commissioner Martin then made a motion to "NOMINATE COMMISSIONER GOGA TO THE POSITION OF SECOND VICE-CHAIRMAN". Commissioner McCracken seconded the motion. All voted "AYE", approving the motion by a vote of 4-0-0. Mr. Mark Goga will serve as Second Vice-Chairman for the Planning and Zoning Commission until February 2004.

(3) City Commission Special Meetings:

a. February 4, 2003 - Subdivision Ordinance. Ms. Few stated that there was a feeling that there were major problems with the proposed ordinance. Ms. Few went on to say that Mr. Pat McCourt, City Manager and Mr. Klad Zimmerle, on behalf of the community developers agreed to meet and will report back to the City Commission on areas that they agree on and areas that they can’t agree on. Each of the Planning and Zoning Commissioners had a copy of the ordinance and were encouraged to provide comments to the City Commissioners. Ms. Few said that she would keep the Planning and Zoning Commissioners apprised of meetings and will let them know when there are planning issues for them to consider.

b. March 4, 2003 - Comprehensive Plan. The City Commission will be having a Special Meeting to go over the Comprehensive Plan. All the corrections have been made to the maps. Ms. Few thanked Ms. Eckenberg, Engineering Administrative Specialist, and Mr. Emrich, Engineering GIS Technician, for the extra special help they provided in getting the maps into a usable product.

B. Chairman. Acting Chairman Glahn asked if the Mayor really wanted to get rid of the Planning and Zoning Commission. Ms. Few said that she did not think that Mayor Carroll wanted to get rid of the Planning and Zoning Commission. Ms. Few went on to say that the comments and wording on the proposed subdivision ordinance wherein all subdivisions would go directly to the City Commission for approval. This is a very strong recommendation from the development community. The Mayor is well aware of the work of the Planning and Zoning Commission and the current requirements for getting any subdivision before the City Commission. Mayor Carroll foresees that changing the procedures will create very long meetings and very probably long delays for developers. The time for acting (approval or denial) is very specific. There has been no discussion of doing away with the Planning and Zoning Commission. Zonings, variances, and other cases come through the Commission. Ms. Few stated that it was well worth the money to continue to have the Planning and Zoning Commission funding for the work they do.

C. Commissioners.

(1) Representative from HAFB.

(2) Representative to County Planning Commission.

(3) General. Commissioner Goga asked about the debris at Keg’s. Ms. Few said that she would get a written report on the situation.

6. PERSONS TO BE HEARD.

7. ADJOURNMENT. - There being no further business to come before the Commission, Commissioner Martin made a motion "TO ADJOURN". Seconded by Commissioner Goga. All voted "AYE", passing the motion by a vote of 4-0-0. The meeting adjourned at approximately 2:25 p.m.

Approved: (date)

/s/ Ginna L. Sanders, Chairman

ATTEST:

/s/ Michael Potter, Recording Secretary