___ _, 2003 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

MAY 7, 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.

Ms. Edna Gill, Engineering Secretary

OTHERS PRESENT: Mr. Michael Hooser; Mr. Clinton Hooser; Ms. Twyla Hooser; Mr. Julio Martinez; Mr. Ron Lindgren; Ms. Ionne Lindgren; Mr. Ken McGinnis; Ms. Jessica Schofield; Mr. Klad Zimmerle; Mr. Tom French, French Brothers, Inc.; Ms. Margaret Wilson; and other unidentified persons.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled May 7, 2003, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of six (6) items were to be considered, three (3) 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 May 27, 2003, to render final decisions.

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

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

4. PUBLIC HEARING.

A. CASE: Z-03-0620(A). PETITIONER: Ronald Lindgren and Ionne L. Lindgren, owners. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "F" (Industrial), or a more restrictive classification; which, if approved, would allow the property to be consolidated under one zone classification in agreement with the existing uses. TOTAL AREA: ± 2.246 acres. LOCATION: 2830 Airport Road. CURRENT LEGAL: Lot 2B, Bonnie Isaacson Subdivision, Replat B. CURRENT ZONE: District "A" (Single Family Dwelling), District "D" (Business), and District "F" (Industrial).

Ms. Few reported Ronald Lindgren and Ionne L. Lindgren recently purchased Lot 2B, Bonnie Isaacson Subdivision, Replat B, from Griffin and Ingram. The property is developed with storage units. The new owners want rezoning to consolidate the property under a single land use classification. The Lindgren’s plan to construct additional storage units. The property, 2830 Airport Road, is zoned District "A" (Single Family Dwelling), District "D" (Business), and District "F" (Industrial). Rezoning is requested to consolidate the property under one (1) zoning district. The 2000 Comprehensive Plan designates this property to be developed as commercial/retail and heavy industrial. The requested rezoning will comply with the 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. An Avigation Easement has been drafted, which limits development to a height of fifty feet (50') or the elevation of 4347 feet M.S.L. whichever is more restrictive. The level of improvements abutting this property (Airport Road) does not meet the City's standards. A waiver of protest agreement has been prepared. As required in 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 April 20, 2003, in the Alamogordo Daily News. Fourteen (14) notices were mailed to property owners within the 200 foot legal protest area on April 18, 2003. No protests to the requested rezoning were received; Approval of the rezoning to District "F" (Industrial), to consolidate the property under one (1) zoning district, is recommended by staff with the execution of the Avigation Easement and the Waiver of Protest Agreement.

Mr. Ronald Lindgren was available to speak for the request. Mr. Lindgren stated that when the property was purchased he thought it was already commercial and wanted rezoning to put more buildings on the property.

Commissioner Martin asked if the graveled area in the front of the storage units, the house and the double car garage were the areas that were zoned differently. Mr. Lindgren stated that the back portion was the area that is zoned residential. The front one hundred fifty foot (150’) portion is business and the back two hundred fifty feet (250’) is industrial and the back seventy five feet (75’) is residential. Mr. Lindgren stated that it is all one piece of property. Mr. Lindgren clarified for Commissioner Martin that the other businesses to the north was not part of the property in question.

Commissioner Glahn made a motion "TO APPROVE CASE: Z-03-0620(A) AS WRITTEN. Seconded by Commissioner McCracken. All voted "AYE", approving the motion by a vote of 4-0-0.

Chairman Sanders noted that this would be heard at the City Commission meeting on May 27, 2003, at 7:30 p.m.

Ms. Few advised Mr. and Mrs. Lindgren that if the contracts were agreeable, the originals were available with notaries and asked that they stop by and execute them. Mr. & Mrs. Lindgren agreed to do so.

B. CASE: SP-03-0104(A). PETITIONER: Julio C. Martinez, Jr. REQUEST: Approval of a one year special temporary structure permit, pursuant to Section 25-01-020(b), of the Code of Ordinances of the City of Alamogordo, New Mexico; which, if approved, would legalize the placement of an occupied manufacture housing unit on the property during the construction of a site constructed residence. TOTAL AREA: ±1.206 acres. LOCATION: 2400 Eddy Drive. CURRENT LEGAL: Lot 3, Soto Subdivision. CURRENT ZONE: District "F" (Trailer).

Ms. Few stated Julio C. Martinez, Jr., owns Lot 3, Soto Subdivision. He has applied for a special mobile housing unit permit to allow one (1) single family manufactured housing unit to remain on the property one (1) year, while a frame home is being built. The property, 2400 Eddy Drive, is zoned "F" (Industrial) District. Two (2) manufactured housing units and one (1) travel trailer are on the property (no City permits were issued). The property is not zoned to allow any occupied manufactured housing units. Site constructed single family dwelling units are legal in the "F" District. The 1971 Master Plan designates this property to be developed as light industrial. The level of improvements abutting this property does not meet the City's standards. A Waiver Of Protest Agreement was executed in 2001 and remains in effect. It is unlawful for any person to use within the City of Alamogordo any mobile housing unit, trailer, or recreational vehicle, for habitation purposes unless it is located in an area where the City's zoning ordinance specifically permits its location. The City commission may authorize temporary permits for mobile housing units (for habitation) in other zoning districts under specific conditions. Mr. Martinez has submitted an application for a one (1) year permit to allow one (1) single family manufactured housing unit to be legally occupied by his parents (on the property) while a single family dwelling unit is being built for them. The property is in zone District "F", which does not allow the placement of a manufactured housing unit for habitation. The applicant must show some hardship which is not self-inflicted, but which arises from the character of the property for which the permit is sought, character of surrounding properties, or extreme and unusual personal circumstances. The applicant stated that he was unaware that manufactured housing could not legally be occupied in the zoning district. The temporary placement of a mobile housing unit can not be detrimental to the surrounding properties. No documentation has been provided that would indicate that the unit would be detrimental to surrounding properties. Pursuant to Section 25-01-020(b)(1) of the Code of Ordinances, notice of the time, place and purpose of the hearing on the permit was advertised April 20, 2003, in the Alamogordo Daily News. Five (5) notices were mailed by first class mail to all property owners of record within the 200-foot legal protest area on April 18, 2003. No protests to the requested special permit were received. The recommendation of the Planning and Zoning Commission will be forwarded to the City Commission. Duration of the permit shall be one (1) year, and not more than one (1) renewal of the permit shall be allowed, which must be within ninety (90) days of the date the permit expiration. Staff recommended approval of a one (1) year special land use permit for one (1) manufactured housing unit with the conditions that a City "Blocking Permit" be obtained for the approved unit and that no other manufactured housing unit (full or travel size) be occupied (habitated) at any time or connected to any utilities.

Chairman Sanders asked if Soto subdivision was all industrial. Ms. Few stated that all of the property between the railroad tracks and Eddy Drive is zoned industrial. To the West of Eddy Drive is outside the City.

Mr. Julio Martinez was available to speak for the request. Mr. Martinez stated he wanted temporary permission to have his parents and family live there until the home is built. He stated he had the blueprints and needed approval from an engineer. Mr. Martinez stated he needed some time to get the lengthy process of financing accomplished.

Commissioner Glahn asked how the property was zoned. Ms. Few stated it was zoned industrial. Commissioner Martin questioned if building a house on property that was zoned industrial required a zoning change. Ms. Few stated that no change in zoning was required and this was allowed.

Commissioner Martin asked Mr. Martinez if it was their intent to live in one trailer for one year while there was a house being constructed on the lot and that on one will be living in the other large trailer. Mr. Martinez confirmed that no one is living there. Martinez addressed Ms. Few asking if the trailer could remain there. Ms. Few stated that it is legal to store a manufactured housing unit on private property if it is not connected to utilities and if no one is living in it. Commissioner Martin asked if the same would apply to the travel trailer that was on the property. Ms. Few stated that was is correct.

Commissioner Glahn made a motion "TO APPROVE CASE: SP-03-0104(A) AS WRITTEN. Seconded by Commissioner McCracken. All voted "AYE", approving the motion by a vote of 4-0-0.

Chairman Sanders noted that this would be heard at the City Commission meeting on May 27, 2003

C. CASE: V-03-0461(A). PETITIONER: Jessica Schofield, owner. REQUEST: Approval of a variance of five feet (5') from Section 29-03-030, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing side yards; which, if approved, would allow a side yard of ten feet (10') on the street side of a corner lot, rather than the fifteen foot (15') setback required by Code. TOTAL AREA: ±0.21 acre. LOCATION: 1210 Mimosa. CURRENT LEGAL: Lot 60, Mission Hills Unit 2. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that Jessica Schofield owns Lot 60, Mission Hills, Unit 2. She wants to have a house built on the property. The floor plan that she has selected will not fit onto the property without a variance. Therefore, she is requested a variance for the width of the street side yard setback. The property, 1210 Mimosa, is zoned "A" (Single Family Dwelling) District. The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban). A side yard which is not less than fifteen feet (15') wide is required on the street side of the building. The house is to be constructed with a street side setback of ten feet (10'). Therefore a variance of five feet (5’) has been requested. 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. As noted by a City engineer the purchase of a lot that does not have the dimensional characteristics needed for a particular new house plan should not be considered a hardship. 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 April 20, 2003, in the Alamogordo Daily News. Twenty-three (23) notices were mailed to property owners within the 200-foot legal protest area on April 18, 2003. No protests to the requested variance were received. The staff recommended denial of the side yard variance, as "hardship beyond the control of the applicant" could not be shown.

Mr. Ken McGinnis (father of Jessica Schofield) was available to speak for the request. Mr. McGinnis expressed that his daughter (Jessica Schofield) is a single working mother and this is the only lot that she could find that she could afford. The City owned the lot and she bid on it and got the low bid. She picked out the house on a pre-drawn set of plans and it turned out the house is one foot (1’) too big to set on the lot. Mr. McGinnis stated that if she couldn’t use this house there would be some engineering concerns and it would be a hardship on her financially.

Commissioner McCracken asked Mr. McGinnis why he was requesting a ten-foot (10’) setback since the house was only one-foot (1’) too large. Mr. McGinnis stated that they just wanted it big enough to get the house on it. Mr. McGinnis stated they were requesting a five-foot (5’) just to be on the safe side.

Chairman Sanders asked how many square feet were in this house. Mr McGinnis stated it will be 1,242 square feet.

Ms. Few addressed McGinnis stating there is a dimension written in on the plans that were provided showing a ten foot distance between the west side yard and the house which indicates that we have a five foot overlap from what is needed. There is a five-foot side yard on the east side of the property and then on the west side it is written in as a ten foot distance. Mr. McGinnis replied that yes, with the variance, that would give ten feet (10’) on that side. Ms. Few responded that would mean he needed five-foot variance because the setback on that side is fifteen feet (15’). Mr. McGinnis responded that they we were asking for a five-foot variance even though he did not think the full five feet was needed.

Ms. Few stated that everything that had been submitted (even the application) specified a side yard of ten feet (10’) and the drawing as submitted shows a side yard on the street side of ten feet (10’).

Commissioner Martin addressed Mr. McGinnis stating that the one-foot (1’) overlap he was requesting was not what was showing on the drawing.

Commissioner Martin made a motion "TO DENY CASE: V-03-0461(A) AS PER STAFF RECOMMENDATION. Motion was not seconded, therefore died for a lack of a second.

Commissioner Glahn made a motion "TO APPROVE CASE: V-03-0461(A) IF HE WORKED OUT SOMETHING WITH THE CITY WITH REGARDS TO CHANGING THE VARIANCE TO ONE FOOT". Motion was not seconded, therefore died for a lack of second.

Commissioner McCracken asked what the recommendation would be, based on a one foot (1’) encroachment on the fifteen-foot (15’) setback. Ms. Few responded that generally staff does not feel that trying to accommodate the setbacks on a vacant piece of property, just because you have selected a home site that doesn’t fit on that lot, is not justification for hardship, but a one foot (1’) variance as opposed to a five-foot (5’) variance would be much more palatable. Ms. Few also stated the City has received nothing other than the materials that were presented today that would indicate that anything less than the five feet (5’) is needed. She also stated that the request was advertised as a five-foot (5’) variance, for a setback of 10 feet.

Mr. McGinnis said he would have to talk to the people he got the plans from. He agreed to put the package all together and get a drawing with it on the site plans. Mr. McGinnis stated he would not want to propose the one-foot (1’) encroachment until he made sure his paperwork was correct.

Commissioner Martin asked if the Commission could table this until Mr. McGinnis got his paperwork straight. Chairman Sanders said it would delay it one month. Ms. Few stated that the City would re-publish and re-notice, and if the Planning Commission tables, there would not be any additional cost to the applicant.

Commissioner McCracken made a motion "TO TABLE CASE: SP-03-0104(A) UNITL A FUTURE DATE. Seconded by Commissioner Glahn. All voted "AYE", approving the motion by a vote of 4-0-0.

D. CLOSE PUBLIC HEARING.

SUBDIVISIONS.

A. CASE: S-03-0775(A). PETITIONER: Tierra de Suenos, Inc., owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the final plat of TIERRA DE SUENOS, UNIT 6, for twenty-five (25) 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: ±6.898 acres. LOCATION: Camino Real and Cielo Grande. CURRENT LEGAL: A tract of land in the South half 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 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 471.95 feet; thence South 00 degrees 17 minutes 52 seconds East a distance of 143.45 feet; thence North 89 degrees 42 minutes 08 seconds East a distance of 12.44 feet; thence South 00 degrees 17 minutes 52 seconds West a distance of 359.71 feet; thence along the arc of a curve to the left whose central angle is 01 degrees 04 minutes 38 seconds and whose radius is 1435.53 feet an arc distance of 26.99 feet; thence South 00 degrees 17 minutes 52 seconds East a distance of 123.27 feet; thence South 89 degrees 42 minutes 08 seconds West a distance of 476.22 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that Tierra de Suenos, Inc., owns 6.898 acres in Section 31, T16S, R10E, NMPM, within the City of Alamogordo. Approval of the final plat of TIERRA DE SUENOS, UNIT 6, has been requested. Subject subdivision is for the development of twenty-five (25) 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 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 this requirement have been requested with this subdivision and approved by the Alamogordo City Commission for other subdivisions in the area. The Department of Public Safety has requested that alleys be required. 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. 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 developer needs to show how the existing drainage to the east of the subdivision is going to be accommodated by this development. A cursory review of the aerial photos indicates drainage that flows across the north east corner of Unit 7 that needs to be provided for. Since there are no alleys within the development, all lots will need to be graded so that the rear yard drains into the street before draining onto adjacent property. Special attention will need to be taken by the homebuilders to not block the drainage out to the street (by constructing walls from the side property line to the new structure). 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. Land (6.406 acres) was dedication to the City of Alamogordo with Unit 5 for the Tierra de Suenos Subdivision.

 

The following is a summary of the acreage due the City for dedication:

 

UNIT
 

 

NO.
 

 

GROSS
 

 

NET
 

 

PLD

 

NO.
 

 

LOTS
 

 

ACREAGE
 

 

ACREAGE
 

 

ACRES

 

1
 

 

34

 

 

11.7610

 

 

8.8950

 

 

0.44475

 

2
 

 

19

 

 

5.7440

 

 

48320

 

 

0.2160

 

3
 

 

36

 

 

15.3150

 

 

10.4310

 

 

0.52155

 

4
 

 

8

 

 

5.3880

 

 

4.7320

 

 

0.23660

 

5
 

 

20

 

 

11.4060

 

 

4.1850

 

 

0.20925

 

6
 

 

25

 

 

6.8980

 

 

5.3120

 

 

0.26560

 

7
 

 

30

 

 

8.3580

 

 

6.9020

 

 

0.34510

 

TOTAL

 

 

172

 

 

64.8700

 

 

45.289

 

 

2.26445

A credit of 4.14155 acres remains on the books in favor of the developer for public land dedication. The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required. The sewer clean outs proposed on Camino del Sol and on Camino Real should be replaced with standard manholes. Minor revisions to the engineering plans will be required before development. An example is the relationship of the rim elevation of Manhole #3 and the pad elevation of Lot 131. The plat must be corrected to include a date block for the Planning and Zoning Commission. 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 final plat of TIERRA DE SUENOS, UNIT 6, with the requested variance on alleys, is supported with the necessary plat corrections.

Klad Zimmerle of Alamotero Land Surveys was available to represent item. Mr. Zimmerle stated that this was just a continuation of the development. It is a nice neighborhood development in the golf course area, fairly exclusive.

Commissioner McCracken made a motion "TO APPROVE CASE: S-03-0775(A) AS PER STAFF RECOMMENDATION. Seconded by Commissioner Glahn. All voted "AYE", approving the motion by a vote of 4-0-0.

B. CASE: S-03-0776(A). PETITIONER: Tierra de Suenos, Inc., owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the final plat of TIERRA DE SUENOS, UNIT 7, for thirty (30) 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: ±8.358 acres. LOCATION: Camino Real and Cielo Grande. CURRENT LEGAL: A tract of land in the South half 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 1651.97 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 123.27 feet; thence along the arc of a curve to the right whose central angle is 01 degrees 04 minutes 38 seconds and whose radius is 1435.53 feet an arc distance of 26.99 feet; thence North 00 degrees 17 minutes 52 seconds West a distance of 359.71 feet; thence South 89 degrees 42 minutes 08 seconds West a distance of 359.715 feet; thence South 89 degrees 42 minutes 08 seconds West a distance of 12.44 feet; thence North 00 degrees 17 minutes 52 seconds West a distance of 143.45 feet; thence North 89 degrees 38 minutes 27 seconds East a distance of 552.20 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 562.51 feet; thence North 00 degrees 04 minutes 36 seconds West a distance of 39.48 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms Few stated Tierra de Suenos, Inc., owns 8.358 acres in Section 31, T16S, R10E, NMPM, within the City of Alamogordo. Approval of the final plat of TIERRA DE SUENOS, UNIT 7, is requested. Subject subdivision is for the development of thirty (30) 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 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 this requirement have been requested with this subdivision and approved by the Alamogordo City Commission for other subdivisions in the area. The Department of Public Safety has requested that alleys be required. 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. 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 developer needs to show how the existing drainage to the east of the subdivision is going to be accommodated by this development. A cursory review of the aerial photos indicates drainage that flows across the north east corner of Unit 7 that needs to be provided for. Since there are no alleys within the development, all lots will need to be graded so that the rear yard drains into the street before draining onto adjacent property. Special attention will need to be taken by the homebuilders to not block the drainage out to the street (by constructing walls from the side property line to the new structure). 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 Land (6.406 acres) was dedication to the City of Alamogordo with Unit 5 for the Tierra de Suenos Subdivision.

The following is a summary of the acreage due the City for dedication:

 

UNIT
 

 

NO.
 

 

GROSS
 

 

NET
 

 

PLD

 

NO.
 

 

LOTS
 

 

ACREAGE
 

 

ACREAGE
 

 

ACRES

 

1
 

 

34

 

 

11.7610

 

 

8.8950

 

 

0.44475

 

2
 

 

19

 

 

5.7440

 

 

48320

 

 

0.2160

 

3
 

 

36

 

 

15.3150

 

 

10.4310

 

 

0.52155

 

4
 

 

8

 

 

5.3880

 

 

4.7320

 

 

0.23660

 

5
 

 

20

 

 

11.4060

 

 

4.1850

 

 

0.20925

 

6
 

 

25

 

 

6.8980

 

 

5.3120

 

 

0.26560

 

7
 

 

30

 

 

8.3580

 

 

6.9020

 

 

0.34510

 

TOTAL

 

 

172

 

 

64.8700

 

 

45.289

 

 

2.26445

A credit of 4.14155 acres remains on the books in favor of the developer for public land dedication. The installation of street improvements, in accordance with the "Technical Standards" is required. Camino Real and Cielo Grande should be stubbed out to the east boundary of the development. The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required. The sewer clean outs proposed on Camino del Sol and on Camino Real should be replaced with standard manholes. Minor revisions to the engineering plans will be required before development. An example is the relationship of the rim elevation of Manhole #3 and the pad elevation of Lot 131. The plat must be corrected to include a date block for the Planning and Zoning Commission. 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. The developer has request four (4) years for completion of improvements, the standard two (2) years is recommended. Approval of the final plat of TIERRA DE SUENOS, UNIT 7, with the requested variance on alleys, is supported by staff with the necessary plat corrections and the standard contracts.

Klad Zimmerle was available to speak. Mr. Zimmerle stated that this area has been developed with some nice exclusive homes. The extension of the streets to the east will be going through some large five acre tracts, some that will be cut up to one acre tracts. There is good circulation in the subdivision. The developer has agreed to work with the drainage and accommodate the drainage from that area, but requested that the streets be approved as submitted to keep the subdivision at a slower pace. A street that goes through to Florida would create a lot of traffic in that area. Mr. Zimmerle requested that they be able to continue this as proposed with the streets not going through.

Commissioner Martin asked if this within the City limits. Mr. Zimmerle stated that it was annexed in the City. The property to the north of it, Divers Cove, and then to the east of it, are in the County. Part of the subdivision to the south of it is in the County. Commissioner Martin stated that the letter from the DPS Director indicated that the subdivision was not within the City limits. Mr. Zimmerle stated that it was incorrect. Ms. Few confirmed that it was in the City limits.

Commissioner Martin asked Ms. Few for staff’s recommendation regarding the alleys. Ms. Few stated that staff is recommending the subdivision configuration for Tierra De Suenos Units 6 and 7 continuing as presented as far as no alleys being provided.

Ms. Few stated the City raised the issue that it would be abutting private property outside the City limits. The City is getting the utility and drainage issues on each side of the development addressed. One of the problems with the layout of any access to some of these properties is that they are held in separate ownership by the heirs of the estate. It is not an easement; it is simple ownership by somebody else. Access of the property is through their good graces.

Mr. Tom French asked to address the Commission. Mr. French stated that it is important not to allow those roads to go through into those properties. The main reason is that the marketing of this development is as an upscale neighborhood and it is important to protect both the thoroughfares through the subdivision to provide quiet neighborhoods.

Ms Few stated that the City has dedicated road access to the north. The other properties immediately to the east do have the potential for access to their property. It’s not in the master plan to require a street all the way through at this location, it is simply a recommendation. The City is not landlocking any properties by approving the subdivision the way it is. There is potential for utility access. The City is not creating a drainage dam on the east side of the subdivision or the west side of the adjoining property that would undermine any of the development. There is a loop street and access to the north.

Chairman Sanders asked Mr. French how important is was for a four-year contract instead of the two-year contract to get this done. Chairman Sanders asked if Mr. French would mind going back to the City Commission and extending it if needed. Mr. French said they could do that but asked why it could not be settled now and not waste people’s time. Ms. Few stated the two years compliance is state standards for completion of improvements on subdivisions.

Commissioner McCracken made a motion "TO APPROVE CASE S-03-0776(A) AS PER STAFF RECOMMENDATIONS. The motion was not seconded therefore died for lack of a second.

Commissioner Martin made a motion "TO APPORVE CASE S-03-0776(A) WITH THE REQUESTED VARIANCES ON ALLEYS AND THE NECESSARY PLAT CORRECTIONS. Seconded by Commissioner McCracken. All voted "AYE", approving the motion by a vote of 4-0-0.

Chairman Sanders noted that this would be heard at the City Commission meeting on May 27, 2003

C. CASE: S-03-0781(A). PETITIONER: Lena Buck Prentice, owner, Clinton D. Hooser et al, option holder, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the preliminary and final plat of CALLE DE SUENOS SUBDIVISION, for twenty (20) lots; with variances on the construction and installation of alleys, on the length of a cul-de-sac, on the installation of utilities (water and sewer), on the construction of streets to City standards (dedication, curb, gutter, sidewalk, and paving), on the dedication of public land, and from Section 22-01-140(b)(1) relating to drainage plans; with public access, private wells, and septic tank systems; located outside the City of Alamogordo, but within its planning and platting jurisdiction. TOTAL AREA: ±41.412 acres. LOCATION: South Hamilton Road. CURRENT LEGAL: The South half South half Southeast quarter of Section 13, T17S, R9E, NMPM, described by metes and bounds as follows: Beginning at the Southeast corner of said South half South half Southeast quarter and going South 89 degrees 35 minutes 00 seconds West along the South line of said South half South half Southeast quarter a distance of 2700.67 feet; thence North 00 degrees 04 minutes 20 seconds West a distance of 667.90 feet; thence North 89 degrees 34 minutes 38 seconds East a distance of 2699.96 feet; thence South 00 degrees 08 minutes 00 seconds East a distance of 668.19 feet to the said place of beginning. CURRENT ZONE: No zoning, outside the City.

Ms. Few reported that Lena Buck Prentice owns 41.412 acres in the South half South half Southeast quarter of Section 13, T17S, R9E, NMPM. Clinton Hooser and others hold an option on the property. Development of the property into twenty (20) lots, each at least 1.73 acres, is proposed by the option holders together with dedication of rights-of-way. The property has no zoning since it is located outside the City of Alamogordo. The 2000 Comprehensive Plan designates this property as low density residential and vacant. The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance. An Avigation Easement limiting vertical development has been prepared. Through alleys, having a width of twenty feet (20') are required in each block. A variance to this requirement has been requested by the applicant. As the subdivision is located outside the City of Alamogordo and will be developed to Otero County standards, similar variances have been approved by the City Commission for other subdivisions in the area. The Public Safety Department recommends development of the subdivision to City standards. 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 design, data and calculations certified by a registered engineer are required to be provided and approved by staff prior to consideration of the subdivision by the City Commission. 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. A variance to this requirement has been requested by the developer. As the subdivision is located outside the City, it is not appropriate to require public land to be dedicated to the City. Approval of the variance is supported by staff. Utility and street improvements are required to be provided in each new subdivision in accordance with the Technical Standards and the subdivider shall be required to enter into a contract with the City for the construction of such improvements. Utility and street improvements are required to be provided in each new subdivision in accordance with the Technical Standards and the subdivider shall be required to enter into a contract with the City for the construction of such improvements. Private wells, individual septic tank systems, and gravel streets are proposed for the subdivision. A variance from the requirements of the City's development standards has been requested. The level of improvements for the subdivision will comply with the County's standards. The subdivision is outside the City's utility extension area. Dead end streets, designed to be so permanently, shall not be longer than five hundred feet (500') and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least eighty feet (80') and a street property line diameter of at least one hundred feet (100'). Calle de Suenos is a designed as a fifty-foot (50') right-of-way, approximately 2500 feet long. The length is five (5) times longer than is allowed by ordinance. If looping the street is not feasible for reasons, other than financial, a provision should be made for the eventual extension of the street to the north and/or west (by stubbing the street). This will also eliminate adjacent properties from being land-locked. The plat must be amended to provide alternate street access. Block lengths are to be no less than four hundred feet (400') nor exceed a length 1,800 feet. The blocks are 1.5 times longer than allowed. Stubbing the street (Calle de Suenos) to the north and west will eliminate the violation. The plat must be corrected to reduce the block length. Otero County and the City of Alamogordo shall exercise concurrent jurisdiction over territory within the five-mile platting jurisdiction of both the county and the municipality. The subdivision must be considered and approved by the Otero County Commission. Staff recommended continuing consideration of the preliminary and final plat of CALLE DE SUENOS SUBDIVISION and the requested variances (on alleys, on the length of a cul-de-sac, on the length of a block) on public land dedication, and on the construction of utilities and streets to City standards). This would allow time for re-design.

Mr. Clinton Hooser and Mr. Klad Zimmerle were representing the subdivision. Mr. Zimmerle stated that this was a quality "country living-type" subdivision with larger lots.

Commissioner Glahn asked Mr. Zimmerle if he extend the road from the cul-de-sac, would permission be needed from the railroad to go over it or under it. Mr. Zimmerle stated that all they are doing is providing access to the property between Calle De Suenos and the railroad. There are three (3) privately owned parcels there.

Commissioner Martin asked if otherwise wouldn’t have any access. Klad approached bench to clarify where the road was going to go. Ms. Few stated that the proposed road that the Hooser’s are providing going north on their property can ultimately connect with Hobo Lane which is further north. Ms. Few stated that it is a good situation and addresses issues for the landlocking properties and ultimate safety.

Commissioner Glahn asked Ms. Few to repeat the recommendation. Ms. Few stated the recommendation as follows: approval for the variance on alleys, block lengths, and on public land dedication, construction of utilities and streets to City standards with the needed avigation easement, any necessary plat corrections, and submission of the drainage report.

Commissioner Glahn asked if this was in the County. Ms. Few confirmed it was in the County. Commissioner Glahn asked Mr. Zimmerle if he had plans of having this annexed. Mr. Zimmerle said not at this time since it is about three (3) miles south of the City border.

Ms. Few stated she was under the impression that the subdivision was further along with the County processing since there was no request on the application for an extension of time for filing the plat. Ms. Few asked if an extension of time for filing the plat needed. Mr. Zimmerle said an extension of sixty (60) days would probably be necessary. Ms. Few stated staff would not be opposed to the extension of time being added.

Commissioner Martin made a motion "TO APPORVE CASE S-03-0781(A) WITH VARIANCES ON ALLEYS, BLOCK LENGTHS, DEDICATION OF PUBLIC LANDS, UTILITIES, CONSTRUCTION OF STREETS TO CITY STANDARDS, AND A DRAINAGE REPORT SUBMITTED PRIOR TO THE COMMISSION MEETING ALONG WITH MINOR PLAT CORRECTIONS, THE AVIGATION EASMENTS, AND AN EXTENSION OF 60 DAYS FOR TOTAL OF 90 DAYS TO FILE THE PLAT. Seconded by Commissioner McCracken. All voted "AYE", approving the motion by a vote of 4-0-0.

Ms. Few told Mr. Zimmerle that staff would like to acknowledge that the work that Mr. Zimmerle did meeting with the City to get issues resolved was a good job. Not only for his client, but for the City in general.

6. REPORTS.

A. City Planner.

June Agenda - Ms. Few stated there will be two items on the June agenda, both under public hearing requiring notice and advertisement.

(2) Ms. Few stated she would be leaving on the 15th of May, returning middle of June. Dean Hunt will be standing in as Planning/Zoning Coordinator. Ms. Few stated she would be in contact with her office and accessible through internet email.

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 Glahn made a motion "TO ADJOURN". Seconded by Commissioner Martin. All voted "AYE", passing the motion by a vote of 4-0-0. The meeting adjourned at approximately 3:00 p.m.

 

 

Approved: ______________________

(date)

 

________________________________

Ginna L. Sanders, Chairman

 

ATTEST:

 

 

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Edna Gill, Recording Secretary