July 2, 2003 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

JULY 2, 2003

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman.

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

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

Mr. Mark S. Goga, Member.

Mr. Richard M. McCracken, Member.

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

MEMBERS ABSENT:

None.

STAFF PRESENT:

Mr. Dean Hunt, Acting City Planner.

Mr. Ken McDaniel, City Attorney.

Ms. Edna Gill, Recording Secretary.

OTHERS PRESENT: Mrs. Marie Wells; Mr. Martin Brown; Mr. Klad Zimmerle, P.L.S.; Ms. Agnes Aldava; Mr. Jake Yoder; Mr. Don A. Crawford; and other unidentified persons.

 

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled July 2, 2003, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that three (3) items were to be considered, two (2) 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 July 22, 2003, to render final decisions.

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

3. MINUTES OF JUNE 4TH REGULAR MEETING, AND JUNE 29TH INSPECTION TOUR, 2003. Commissioner Goga made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Glahn. All voted "AYE", approving the motion by a vote of 5-0-0.

4. PUBLIC HEARING.

A. CASE: M-03-0303(A). PETITIONER: City of Alamogordo, owner, by Matt McNeile, Community Services Director, agent. REQUEST: Approval of the full vacation and abandonment of a six foot (6') wide cart path right-of-way easement within the City of Alamogordo, pursuant to Section 67-2-6, NMSA 1978 (1999 Repl.). TOTAL AREA: ±646.32 square feet. LOCATION: 383 Eagle Drive. CURRENT LEGAL: Cart path between Lots 65 and 66, Desert Hills, Unit 2. CURRENT ZONE: District "A" (Single Family Dwelling).

Mr. Dean Hunt reported that Christ Pell & Jill Brown and Don A. and Virginia L. Crawford are adjacent owners to a six foot (6') wide cart path located between Lot 65 and Lot 66, DESERT HILLS, UNIT 2. The cart path belongs to the City of Alamogordo. The City of Alamogordo has requested the vacation and abandonment of the cart path. The adjacent properties, Lots 65 & 66, DESERT HILLS, UNIT 2, are zoned District "A" (Single Family Dwelling District). The 2000 Comprehensive Plan designates this property to be developed as residential. Any owner of land abutting a public way may petition the City for a formal determination of abandonment or vacation of that right-of-way. The determination must declare that the right-of-way is no longer be needed for public purposes. Approval of any abandonment must include specific provisions for the relocation of all utilities at the expense of the property owners. There are no known public utilities using the cart path. 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 or 4,347, whichever is less restrictive, is on file for the property. The levels of improvements abutting this property comply with the city's standards. Notice of the time, place and purpose of the public hearing was advertised on May 18, 2003, in the Alamogordo Daily News, and twenty (20) notices were mailed to property owners within the 200 foot of the public right-of-way on May 16, 2003. Five (5) protests to the requested vacation and abandonment were received which represented 26.35% of the 200-foot legal protest area and 32 other protests from outside the legal protest area. The deadline for the receipt of protests to the Planning Division was 10:00 a.m. on July 2, 2003. Staff recommended approval of the request.

Mr. Jake Yoder asked to speak. Mr. Yoder stated he lived close to the cart path, had a golf cart but did not use the cart path. In order to use the cart path for its intended purpose, an individual would have to drive across the grass, and there is no easy way to get on the cart path of the golf course. Mr. Yoder stated that no one with a golf cart uses this path and that it is primarily used for people who walk their dogs. Golfers with golf carts use Number 2 to enter the golf course and get directly on to cart path and follow Number 3 to get to the clubhouse. He stated that Grant, the Golf Course Pro and Doc, the Golf Course Greens Keeper, want the cart path closed. Mr. Yoder stated that a petition, which he felt was a misrepresentation, was distributed for signature. Mr. Yoder felt that the lady that distributed the petition wanted the cart path left open so she could trim her shrubs. Mr. Yoder also stated people will enter and feed the ducks by the lakes, attracting hundreds of pigeons that the entire neighborhood does not want.

Commissioner Glahn stated that the Contractor has left two bundles of brick on the path and an individual could not drive their cart through there if they wanted to. The people that live on the right hand side would have to trim their bushes in order to get a cart through. Commissioner Glahn stated that he noticed that very few of the homes in the area have a back gate to the golf course. Therefore, if residents want to trim their flowers or weeds, they would have to walk quite a ways to get to the back of their property. Commission Glahn also stated that the golf course personnel should be responsible for telling the people not to walk their dog on the golf course or not to have their kids on the golf course. Mr. Yoder responded that what Commissioner Glahn had stated was correct and restated that he felt the cart path should be closed.

Commissioner Martin asked why the City was requesting vacating the cart path. Commissioner Martin stated that he felt this is city property, and vacating it just to stop people from coming and going did not seem right. Commissioner Martin expressed his concern about giving city property to the two landowners adjacent to the cart path. Mr. Hunt stated that Matt McNeile, Community Services Director was the applicant for the City and could not attend. Mr. Hunt stated that the application states that the tee box near the cart path has been reconstructed making the cart path unusable. Mr. Hunt stated he went to look at the cart path and saw a mound of dirt at the end of the cart path that appears to make it unusable. Commissioner Goga asked Mr. Hunt if the Contractor was given permission to block the cart path. Mr. Hunt stated he was not given permission. Mr. Goga stated the brick had been there for well over a month and the presence of the brick was making the cart path unusable. Mr. Hunt stated that the brick in the walkway would be investigated before the next City Commission meeting. Mr. Hunt also stated that if this was to approved, the land would be split between the two property owners, as would happen if an alley was vacated. The question was brought up as to whether the owners would be required to close off the cart path. Mr. Hunt stated his understanding was that when the property was split, one owner would quit claim his half to the other owner, therefore having only one owner.

Chairman Sanders asked Mr. Hunt if another option would be for the City to block access instead of abandonment. Mr. Hunt said that could be an option. Further discussions determined that abandonment and vacating of the cart path would not ensure that the access to the golf course would be controlled since there are many accesses to the golf course besides this cart path.

Mr. Don Crawford asked to speak. Mr. Crawford stated he was the property owner of the new house that was being built. Mr. Crawford was under the impression there was an easement and it would all go him. He stated he would be willing to reimburse the people next door if it is split. Mr. Crawford said he planned to close it off. Mr. Crawford stated if it was closed, the City would be relieved of any liability. Commissioner Glahn stated the liability would be the same 150 feet away and the next cart path. Mr. Crawford said he was concerned he would be liable for skateboarders using the path. Mr. Hunt stated that this piece of land is not an easement and that if the City owned the cart path, the city would assume the liability.

Commissioner Martin made a motion to " RECOMMEND DENIAL OF CASE M-03-0303(A) FOR THE REQUESTED VACATION AND ABANDONMENT OF THE CART PATH STATING THAT IT IS NOT PRUDENT TO GIVE AWAY CITY PROPERTY AT THIS TIME. THERE ARE OTHER OPTIONS TO CLOSING ACCESS IF THE ACCESS POINT IS A PROBLEM." Seconded by Commissioner Glahn. Chairman Sanders, Commissioners Goga and McCracken voted against the motion. The motion failed by a vote of 2-3-0.

Commissioner Goga made a motion to "DENY THE FULL VACATION AND ABANDONMENT, AND THAT THE CITY, IF THERE IS A PROBLEM WITH ACCESS, BLOCK ACCESS TO THE GOLF COURSE". Seconded by Commissioner Martin. All voted "AYE", approving the motion by a vote of 5-0-0.

Chairman Sanders stated this case would be heard before the City Commission on July 22.

B. CASE: Z-03-0621(A). PETITIONER: Marie L. Wells, owner. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "C" (Multi-Family Dwelling), or a more restrictive classification; which, if approved, would allow the property to be used/developed for the construction of a duplex and the use of the existing home to be used for crafting and clothing alterations. TOTAL AREA: ± 13,750 square feet. LOCATION: 1304 Seventh Street and 1306 Seventh Street. CURRENT LEGAL: East 65 feet of Lot 2 and all of Lot 3, Block 1, Alamo Blocks Resubdivision of Blocks 233 and 234. CURRENT ZONE: District "A" (Single Family Dwelling).

Mr. Hunt reported that Marie L. Wells owns the East 65 feet of Lot 2, and all of Lot 3, Block 1, Alamo Blocks at 1304 and 1306 Seventh Street. The proposed rezoning would allow the property to be developed and used for the construction of a duplex on the East 65 feet of Lot 2 and the use of the residence on Lot 3 as a crafting and clothing alteration business. The property, 1304 and 1306 Seventh Street, is zoned "A" (Single Family Dwelling) District. The 2000 Comprehensive Plan designates this property to be developed as single-family residential. 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 June 15, 2003, in the Alamogordo Daily News, and thirty-six (36) notices were mailed to property owners within the 200 foot legal protest area on June 13, 2003. Two (2) protests to the requested rezoning were received. The deadline for the receipt of protests to the City Planner was 10:00 a.m. on July 2, 2003. Staff recommended approval of the rezoning to District "C" (Multi-Family Dwelling) based on the fact that other professional service offices are adjacent to the site.

Ms. Marie Wells was available to speak for the case. Ms. Wells stated she owned the property at 1304 and 1306 Seventh Street. Ms. Wells stated she wanted to put a duplex at 1304 Seventh Street, which would be handicapped accessible. Ms. Wells stated she wanted to move back into her house at 1306 Seventh Street and do crafts, which would be sold at fairs. No store would be at the house. Discussions verified that crafts would be sold at fairs and no store would be in the house.

Commissioner Glahn made a motion "TO APPROVE CASE Z-03-0621(A)." Seconded by Commissioner Goga. All voted "AYE", approving the motion by a vote of 5-0-0.

Chairman Sanders stated this case would be heard before the City Commission on July 22.

C. CLOSE PUBLIC HEARING.

5. SUBDIVISIONS.

A. CASE: S-03-0783(A). PETITIONER: Western Bank of Alamogordo, C. Michael Shyne, William Cheung and Meekam Cheng, owners, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the final plat of PENNSYLVANIA SUBDIVISION, REPLAT B, for two (2) lots; with variances on the dedication of public land, and from Section 22-01-140(b)(1) relating to drainage plans; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±6.82 acres. LOCATION: 607 S White Sands Blvd. CURRENT LEGAL: Lot 1A, Pennsylvania Avenue, Replat A. CURRENT ZONE: District "D" (Business).

Mr. Hunt reported that Western Bank of Alamogordo, C. Michael Shyne, William Cheung and Meekam Cheng own Lot 1A, Pennsylvania Avenue Subdivision, Replat A, within the City of Alamogordo. Approval of the final plat of PENNSYLVANIA AVENUE SUBDIVISION, REPLAT B, for 6.136 acres has been requested. Subject subdivision is for the development of two (2) lots. The property, 607 S White Sands Blvd, is zoned "D" (Business) District. The 2000 Comprehensive Plan designates this property to be developed as business. Addresses for each lot are required on the plat. Addresses for each lot were provided to the applicant's agent separately and are required on the plat before filing. A drainage report sealed by a professional engineer, registered in the State of New Mexico, which shall include calculations for existing (pre-developed) and developed conditions. Drainage facilities shall be designed for the 50 year, 24 hour storm event under developed conditions and evaluated for failure and/or property damage during the 100 year, 24 hour storm event. On-site ponding is permitted on lots over ten thousand square feet (10,000 sf) in size and the drainage area is confined to subject lot. If on-lot ponding is technically infeasible, drainage or ponding in a common retention/detention pond may be permitted. Design calculations shall be in accordance with the appropriate USDA/SCS method. The applicant has requested a wavier to the requirements for a drainage report. Because the property is already developed, a waiver of this requirement is reasonable. A drainage report will be required at the time a building permit for additional development is requested. Staff recommendation was to approve the final plat of PENNSYLVANIA AVENUE SUBDIVISION, REPLAT B.

Mr. Klad Zimmerle was available to represent the case. Mr. Zimmerle stated that the purpose was to separate the main building from the apartments, which would allow for the sale of the large building.

Commissioner Goga made a motion "TO APPROVE CASE S-03-0783(A)" Seconded by Commissioner McCracken. All voted "AYE", approving the motion by a vote of 5-0-0.

Chairman Sanders stated this case would be heard before the City Commission on July 22.

6. MISCELLANEOUS.

7. REPORTS.

A. CITY PLANNER - None

B. CHAIRMAN - None.

C. COMMISSION - None.

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 5-0-0. The meeting adjourned at approximately 2:10 p.m.

 

Approved: August 6, 2003

/s/ Ginna L. Sanders, Chairman

 

ATTEST:

/s/ Edna Gill, Recording Secretary