March 5, 2003 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

March 5, 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. Richard M. McCracken, Member.

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

MEMBERS ABSENT:

Mr. Mark S. Goga, Member.

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. J. Gregory Garcia, Recording Secretary.

OTHERS PRESENT:

Mr. James L. Smith, JKS Properties representative.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled March 5, 2003, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of one (1) item was to be considered, not under Public Hearing. The Planning and Zoning Commission will make the final decision on this request at this meeting today.

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

3. MINUTES OF FEBRUARY 5TH REGULAR MEETING, AND MARCH 2ND INSPECTION

TOUR, 2003. Commissioner Glahn made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner Martin. All voted "AYE", approving the motion by a vote

of 4-0-0.

4. SUBDIVISION.

CASE: S-03-0778(A). PETITIONER: Smith, Schulz, Riley & Carrington, Inc., owner, KARMA-JKS Properties, Inc., option holder, by James L. Smith, agent. REQUEST: Approval of the preliminary plat of FIRST STREET SUBDIVISION, REPLAT C, for eighteen (18) lots; with variances on the construction and installation of alleys, on the construction of streets to City standards (dedication and width), and on the dedication of public land; with all utilities and paved streets; located within the City of Alamogordo. TOTAL AREA: ±2.344 acres. LOCATION: 1776 E. First Street. CURRENT LEGAL: A tract of land in Section 29, T16S, R10E, NMPM, described by metes and bounds as follows: Being a portion of Lot 1B, First Street Subdivision, Replat A, in the City of Alamogordo, Otero County, New Mexico and being more particularly described by metes and bounds as follows: Commencing at a one inch iron pipe found at the North quarter corner of Section 29, T16S, R10E, of the NMPM; thence, South 89 degrees 48 minutes 00 seconds East, a distance of 486.12 feet; thence, North 00 degrees 17 minutes 49 seconds West, a distance of 41.56 feet to a found one-half inch rebar with plastic cap; thence, 207.16 along the arc of a curve to the right, which has a radius of 2772.83 feet, an interior angle of 04 degrees 16 minutes 50 seconds and a long chord which bears South 82 degrees 21 minutes 05 seconds East, a distance of 207.11 feet to a found one-half inch rebar with plastic cap; thence, South 80 degrees 12 minutes 40 seconds East, a distance of 113.34 to a found one-half inch rebar with plastic cap for the beginning of a curve to the left; thence, 90.91 feet along said curve to the left, which has a radius of 3014.70 feet, an interior angle of 01 degree 43 minutes 40 seconds and a long chord which bears South 81 degrees 04 minutes 30 seconds East, a distance of 90.91 feet to a chiseled "X" on a concrete drive; thence, South 00 degrees 08 minutes 00 seconds West, a distance of 262.30 feet to the Northwest corner of this parcel and the point of beginning; thence, South 89 degrees 49 minutes 49 seconds East, a distance of 10.48 feet; thence South 50 degrees 43 minutes 30 seconds East, a distance of 22.07 feet; thence South 00 degrees 12 minutes 00 seconds West, a distance of 70.28 feet; thence South 89 degrees 48 minutes 00 seconds East, a distance of 128.20 feet; thence, North 00 degrees 12 minutes 00 seconds East a distance of 69.57 feet; thence, South 89 degrees 48 minutes 00 seconds East, a distance of 114.62 feet; thence, South 00 degrees 12 minutes 00 seconds West, a distance of 69.71 feet; thence South 89 degrees 48 minutes 00 seconds East, a distance of 128.05 feet; thence, North 00 degrees 12 minutes 00 seconds East, a distance of 72.20 feet; thence, North 69 degrees 18 minutes 54 seconds East, a distance of 22.64 feet; thence, South 89 degrees 52 minutes 00 seconds East, a distance of 6.26 feet; thence South 00 degrees 08 minutes 00 seconds West, a distance of 291.10 feet; thence North 89 degrees 48 minutes 00 seconds West, a distance of 425.90 feet; thence, North 00 degrees 08 minutes 00 seconds East, a distance of 295.14 feet to the point of beginning. CURRENT ZONE: District "D" (Business). Staff recommends approval of the preliminary plat with the requested variances with the condition that all staff concerns be completely addressed prior to consideration of any final plat by the City.

Ms. Few reported that Smith, Schulz, Riley & Carrington, Inc., owns, Lot 1B, First Street Subdivision, Replat B. KARMA-JKS Properties, Inc., holds an option on the southern section of the property. Through James L. Smith approval of the preliminary plat of FIRST STREET SUBDIVISION, REPLAT C, within the City of Alamogordo has been requested. The proposed subdivision will divide the property into two ownerships and provide eighteen (18) lots for residential development. In reviewing the application staff finds: The property, 1776 E. First Street, is zoned "D" (Business) District. The 1971 Master Plan designates this property to be developed as low density residential. The proposed subdivision must include all of Lot 1B, First Street Subdivision, Replat B, not just the southern portion of Lot 1B. The plat must be corrected to incorporate all of Lot 1B, First Street Subdivision, Replat B, into the subdivision. The northern section of Lot 1B must be labeled with a new lot number. The legal description of the subdivision must also be amended. The plat includes signature blocks. Signature blocks are not appropriate for preliminary approval and must be removed. The final plat must include the signatures of all of the landowners (each signing for the land that they own) and appropriate signature blocks for both approval and filing. The metes and bounds description of the property included on the plat appears to contain incomplete distance calls. A corrected legal description of the property is required. The new description must also include all of Lot 1B. The exterior boundary of the subdivision must be corrected on the plat to include all of Lot 1B. The length and bearing of "L8" and "L9" must be included in the "Line Table" on the plat. Easements on and adjacent to the property are required on the plat. The plat must be corrected to show the location, width and purpose of existing and of proposed easements (utility, access, etc.) on and adjacent to the property. Provisions must be included on the plat for access from First Street, across the northern half of Lot 1B, to the southern half of Lot 1B. The access easement may be created by an independent instrument (noted on the plat) or by plat dedication. The location of utilities on and adjacent to the property is required on the plat or other exhibit. The location of electric, telephone, and gas utilities (and any other utility - either existing or proposed) must be shown on either the preliminary plat or the utility plan. Easements (existing or proposed) for these utilities must also be included (location, width, and purpose) on the subdivision plat. Clarification of utility service to Lot 11C through Lot 18C is especially needed. The utility plan must be corrected. The fire hydrant marked "proposed" must be labeled "existing." An additional fire hydrant has been requested by Fire Services. The additional hydrant should be located between the two rows of proposed houses. Location of the new hydrant, coordinated with Fire Services, must be shown on the plat or utility plan. To support a fire hydrant, the water line must be no smaller than four inch (4") and the lines should be looped to assure both adequate water pressure and flow. The water line on which the new hydrant will be located must be upgraded in size and looped. These changes must be shown on the utility plans. Clarification on proposed metering is also needed. NOTE: If the water and sewer lines are public, the required minimum line sizes are sewer line size 8 inches (manholes required), and water line size 6 inches. Zoning on and adjacent to the tract is required to be on the plat. The preliminary plat must be corrected to show all land use zoning as required. All water service line connections need to comply with the City's Technical Standards. No sign-off sheet was provided to indicate that the proposed utility locations, easement widths, etc. are satisfactory to the various utility companies providing service within the City of Alamogordo. A signed utility plan will be required with the final plat. Minimum building setback lines (front and street side yard) are required on the plat. The front and street side setbacks must be shown on the plat. The southeast corner of Lot 18C should be cut at a 45 degree angle (20 feet) to provide a clear site area at the intersection of Sierra Blanca Drive and the alley. The plat must be corrected to reflect this change. Public Safety is concerned that the proposed private street will not be wide enough to allow emergency vehicle access. Either the street needs to be wider and/or on-street parking must be prohibited. If on street parking is prohibited that fact must be included in the general comments on the plat and in the covenants. No public streets are proposed within the subdivision. A variance to allow a private drive can only be supported with filed access easements and a roadway width approved by Public Safety. Public land, at a maximum of five percent (5%) of the total area of the subdivision, exclusive of streets and alleys, is required to be dedicated to the City of Alamogordo. No land is included on the plat for public land dedication to the City of Alamogordo. A total of 0.2631 acres would be due the City. Private recreation facilities are included in the development plans. A variance to the public land dedication requirement was approved with the initial subdivision and is requested on the application. Continuation of the public land variance appears to be appropriate. Reference to "Block 1" should be removed from the plat and all supporting documents. The subdivision must comply with all requirements of Section 22-01-140(b)(1), Code of Ordinances of the City of Alamogordo, New Mexico, relating to drainage. A completed report will be required when the subdivision is submitted for final approval. Staff recommends approval of the preliminary plat of FIRST STREET SUBDIVISION, REPLAT C, with the requested variances with the condition that all staff concerns be completely addressed prior to consideration of any final plat by the City.

Mr. James L. (Jim) Smith was available to speak for the request and was representing both the seller and buyer, or option holder, for the subdivision. Mr. Smith stated that they are in agreement with the staff comments, and they are presently making sure that they are addressing all them properly. He also wanted to clarify that of the eighteen (18) lots that are addressed, only fifteen (15) of them are for single family residences, the other are a portion of the street and the tennis court.

Chairman Sanders asked if the only entrance and exit is on the First Street side of the subdivision. Mr. Smith stated that was correct, it is the only entrance and exit to the property, however they are trying to keep it a private street. However, he stated, they do recognize that there are some safety concerns. What they propose to do, and will have in the final plat for proposal, is to install a crash gate in two locations for emergency access. He went on to explain that the original design of this complex had more town home buildings for a total of twenty-eight (28) residences. They have eliminated that plan and have substituted with the fifteen (15), three-bedroom and two bathroom which will be approximately 1200 to 1300 square feet in size.

Chairman Sanders asked Mr. Smith to explain what a crash gate is. Mr. Smith explained that a crash gate is basically a full twenty-foot (20’) wide gate that will open in two ways. The fire department will have keys to the lock that they use to get into it in an emergency and also the lock can easily be cut if necessary.

Commissioner Martin asked where on the property the crash gates would be installed. Mr. Smith approached the Commission to show on the property plat the placement of the crash gates.

Chairman Sanders asked Ms. Few what the City’s position is on the use of crash gates versus the actual access to the property. Mr. Smith wanted to help explain the situation a little better and stated that when they originally addressed the emergency vehicle access in the design of the subdivision, there was only one access road. It was then requested only to provide two separate entrances off of First Street. The idea of having crash gates was actually not requested by the fire department, it was actually added by the developers to help make the place safer. Mr. Smith went on to say that having two separate entrances into the property, without the crash gates, does meet the technical requirements.

Commissioner Martin asked if the streets and all of the facilities on the property will be private and if the streets meet City standards. Mr. Smith stated that the complex will be private and streets there are considered a private drive. The streets are not built to City standards or residential specification, but more like a planned residential community where there’s a private drive for people to access their houses.

Ms. Few commented that the City of Alamogordo has allowed crash gates of such on other developments where it has been a group complex. She used Amber Skies for an example stating that they have a set up for emergency vehicles only and any additional access into the property is going to be beneficial. Ms. Few stated that this was the first time she’d heard about the installation of crash gates on this property, so she will address the issue with fire services at their next meeting and it will be just something that they’ll have to look at. Mr. Smith stated that as they sat and analyzed it after talking with Sharon, they decided to incorporate the crash gate idea into this subdivision. He stated that it worked well in another subdivision and the fire department seemed to like it as well.

Ms Few also reported that these lots are smaller in width than the normal allowed—which will be fifty feet (50’). The size of the lots will be larger than what is required for townhouse development, A-1 zoning and the square footage is reasonable. She stated that the difference will be supported by the city. For the street width, there is a major concern because the road system is much narrower than the minimum standard for marginal access on a public street. Chairman Sanders asked what the width between apartments would be. Ms. Few stated that the apartments would be ten feet (10’) apart and the roadway is twenty feet (20’). Ms. Few went on to clarify that these lots will be fee simple sold properties, rather than detached apartments within the complex, and the lots are being divided out separately. For this reason the subdivision is being considered with the narrow roadway in the complex and the Commission is going through this exercise. Ms. Few also stated that the fire safety division has noted major concerns over the road including: locations of fire hydrants, waterline size and pressure, the looping of the system, etc., because of the shift in the layout. Currently, she stated, that Mr. Smith indicated that they are going to be putting in the covenants of the subdivision prohibition against on street parking of any type—other than immediate on or off loading such as furniture, UPS packages, etc. With that, a twenty-foot (20’) width is sufficient for emergency vehicle access. There are three off street parking spots for each unit—which appears to be sufficient with the fire services department. However, because in New Mexico, the political subdivision does not enforce restrictive and protective covenants, it will also have to be on the subdivision plat and the prohibition for parking will have to be posted within the subdivision complex.

Commissioner Martin asked if there are any other places in Alamogordo where there are individual family homes where they don’t have to build the roads to City standards. Ms. Few answered that there are and gave an example of the condominiums located on Hamilton Road, just south of the golf course driving range. She stated that complex is very similar to this in that respect.

Ex-Officio Urey asked Mr. Smith if the two accesses will be a one-way in and one-way out situation. Mr. Smith stated that it’s a dual-purpose access for in or out traffic on both sides. There is enough room for two cars to pass with a twenty-foot (20’) passageway in the design. Mr. Smith went on to explain that a normal city street that is twenty-eight feet (28’) wide allows parking on one side with two-way traffic. So, a twenty-foot wide access that doesn’t allow parking on the street will be enough room for in or out traffic. Also, he explained that the driveways are double driveways, plus there is a garage for each home. The driveways are twenty feet (20’) wide, which will allow for two vehicles and another in the garage itself, plus there will be thirteen (13) parking spaces for common area parking for guests. He also stated again that these homes would be single story, detached, three bedroom, and two bathroom homes with a double driveway and a one-car garage to help in meeting the off-street parking and emergency vehicle access requirements.

Commissioner McCracken asked if the City of Alamogordo would be responsible for enforcing the parking on the complex. Mr. Smith answered that there will be a 100 percent, full-time manager of the complex on duty to ensure the no on-street parking requirements will be enforced. Mr. Smith went on to add that the complex is well managed and runs very smoothly because the tenants are very compliant to the regulations of the complex and there are seldom any problems.

Commissioner Martin made a motion "TO APPROVE THE PRELIMINARY PLAT OF THE FIRST STREET SUBDIVISION REPLAT C, WITH THE REQUESTED VARIANCES AND THE CONDITION THAT ALL STAFF CONCERNS BE COMPLETELY ADDRESSED PRIOR TO CONSIDERATION OF ANY FINAL PLAT BY THE CITY." Commissioner Glahn seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

Chairman Sanders noted that the City Commission will not hear this case and the next procedure would be to submit the final plat to the City of Alamogordo.

5. REPORTS.

A. City Planner.

(1) April Agenda. Ms. Few reported that there will be two items on the April agenda.

(2) Special City Commission Meetings. Ms. Few also stated that as of approximately 3:15 on March 4th, 2003, the City of Alamogordo City Commission approved the new comprehensive plan. Commissioner Glahn asked what its effective date was. Ms. Few answered that it was dated for 2000. Ms. Few also noted that per a conversation she had with the mayor; the last comprehensive plan took approximately four to five years for them to put it together and produced in 1971, however, nobody bothered to adopt it until 1982. She also noted that with this comprehensive plan, it will be updated much more frequently and even reviewed on an annual basis—which will make it much more manageable to make changes in. As soon as some very minor revisions are made to it and some technical problems overcome, such as the format that some of the maps are in and the website requirements, it will be put on the City’s website. There will be copies printed and each member of the City and Planning Commission will their own copy. Also, there will be one available at the Public Library as well.

(3) Other. Ms. Few noted to the Planning Commission that Mr. Michael Potter has taken another position elsewhere, and Greg Garcia will be taking his place as recording secretary until another Engineering Secretary is chosen.

B. Chairman.—Chairman Sanders commented that she will try not to be absent the next time that there are Planning and Zoning elections, as she wasn’t able to take part in the last one.

C. Commissioners.—None

(1) Representative from HAFB.

(2) Representative to County Planning Commission.

(3) General.

8. PERSONS TO BE HEARD - None.

9. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Glahn made a motion "TO ADJOURN". Seconded by Commissioner McCracken. All voted "AYE", passing the motion by a vote of 4-0-0. The meeting adjourned at approximately 2:02 p.m.

Approved: April 2, 2003

/s/ Ginna L. Sanders, Chairman

ATTEST:

/s/ J. Gregory Garcia, Recording Secretary