November 5, 2003 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

NOVEMBER 5, 2003

MEMBERS PRESENT:

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

Mr. Mark S. Goga, Second Vice Chairman.

Mr. Preciliano J. Martín, Member.

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

MEMBERS ABSENT:

Ms. Ginna L. Sanders, Chairman.

Mr. Richard M. McCracken, Member.

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. Greg Garcia, Recording Secretary.

OTHERS PRESENT:

Frances R. Rodriguez; George Rodriguez, Sr.; Francis Rodriguez; Klad Zimmerle, P.E.; Mark Bolin; and other unidentified persons.

1. CALL TO ORDER. Acting Chairman Glahn called the regularly scheduled November 5, 2003, meeting to order at approximately 1:30 p.m. Acting Chairman Glahn noted that a total of three (3) items were to be considered, none 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 November 25, 2003, to render final decisions.

2. APPROVAL OF AGENDA. Commissioner Goga made a motion "TO APPROVE THE AGENDA, AS WRITTEN". Seconded by Commissioner Martin. All voted "AYE", passing the motion by a vote of 3-0-0.

3. MINUTES OF OCTOBER 1, 2003 REGULAR MEETING, SPECIAL SESSION AND INSPECTION TOUR. Commissioner Goga made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner Martin. All voted "AYE", approving the motion by a vote of 3-0-0.

4. SUBDIVISIONS

A. CASE: S-03-0794(A). PETITIONER: Sedona Development, Inc., owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the final plat of SEDONA RIDGE ESTATES, PHASE 2, for twenty-one (21) lots; with variances on the construction and installation of alleys and on the dedication of public land; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±7.423 acres. LOCATION: Birdie Loop at Oakmont Drive. CURRENT LEGAL: A tract of land in the Northeast quarter of Section 6, T17S, R10E, NMPM, Alamogordo Otero County, New Mexico described by metes and bounds as follows: Starting at the Southwest corner of said Northeast one quarter and going North 00 degrees 08 minutes 20 seconds West along the East line of said Northeast one quarter distance of 290.01 feet to the place of beginning of the tract of land herein described; thence continuing North 00 degrees 08 minutes 20 seconds West a distance of 708.29 feet; thence along the arc of a curve to the right whose central angle is 05 degrees 57 minutes 29 seconds and whose radius is 325.00 feet an arc distance of 33.80 feet, thence along the arc of a curve to the left whose central angle is 14 degrees 32 minutes 42 seconds and whose radius is 239.08 feet an arc distance of 60.69 feet; thence North 47 degrees 51 minutes 52 seconds West a distance of 50.00 feet; thence along the arc of a curve to the right whose central angle is 41 degrees 11 minutes, 42 seconds and whose radius is 405.00 feet an arc distance of 291.19 feet; thence South 00 degrees 08 minutes 20 seconds East a distance of 291.71 feet; thence South 34 degrees 25 minutes 05 seconds East a distance of 374.91 feet; thence North 55 degrees 34 minutes 55 seconds East a distance of 8.52 feet; thence North 89 degrees 51 minutes 56 seconds a distance of 141.92 feet; thence South 00 degrees 08 minutes 03 seconds East a distance of 6.12 feet; thence South 55 degrees 34 minutes 55 seconds West a distance of 292.34 feet; thence South 34 degrees 25 minutes 05 seconds East a distance of 29.48 feet; thence South 55 degrees 34 minutes 55 seconds West a distance of 100.00 feet; thence South 33 degrees 42 minutes 55 seconds West a distance of 128.51 feet; thence North 89 degrees 47 minutes 11 seconds West a distance of 255.74 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that Sedona Development, Inc., owns property in Section 6, T17S, R10E, NMPM, east of Desert Hills Subdivision, within the City of Alamogordo. Approval of the final plat of SEDONA RIDGE ESTATES, PHASE 2 for 7.423 acres has been requested. Subject subdivision is for the development of twenty-one (21) lots. The property, on Birdie Loop, is zoned "A" (Single Family Dwelling) District. The 2000 Comprehensive Plan designates this property to be developed as medium density residential (single family urban). The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance. An Avigation Easement limiting vertical development was previously executed. Through alleys, having a width of twenty feet (20'), are required in each block. A variance to the requirement of alleys was approved by the Alamogordo City Commission for the preliminary plat of this subdivision. It is appropriate to continue the variance with this unit. The approved name of the subdivision is required on the plat. The master plan and the previous plat refried to the development sections as "phases". The plat of the subdivision is to be amended to reference "Sedona Ridge Estates, Phase 2" prior to being released for filing. Addresses for each lot are required on the plat. Addresses for each lot have been provided to the consulting engineer under separate cover and are required on the plat prior to filing.

Public land, at a maximum of five percent (5%) of the total area of the subdivision, exclusive of streets and alleys, is required to be dedicated to the City of Alamogordo. No land is included on the plat for public land dedication to the City of Alamogordo. The following is a summary of the acreage due the City for dedication:

 UNIT NO.  
 NO. LOTS 
 GROSS ACREAGE 
 NET ACREAGE 
 PLD ACRES 
 1
 17
 6.010
 4.970
 0.24850
 2
 21
 7.423
 5.905
 0.29525
 TOTAL
 38
 13.433
 10.875
 0.54375

A variance to the public land dedication requirement has been requested on the application. The approval of the master plan and Phase 1 included a condition that public land dedication would only be deferred. Approval of the requested variance on public land dedication is not supported. 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 SEDONA RIDGE ESTATES, PHASE 2, with a variances on the installation and construction of alleys and with a Subdivider's Contract, and the required plat corrections.

Mr. Zimmerle was present to represent the case. Mr. Zimmerle stated that this was going to be an additional twenty one (21) lots to Sedona Ridge with no alleys which is normal to the area. Mr. Zimmerle requested the variance of public land dedication to a later time. Mr. Zimmerle stated a plat correction would be made to reflect Phase 2 on the final plat.

Commissioner Goga made a motion "TO APPROVE CASE S-03-0794(A) AS WRITTEN WITH STAFF QUESTIONS ANSWERED ON FINAL PLAT" Seconded by Commissioner Martin. All voted "AYE" approving the motion by a vote of 3-0-0.

B. CASE: S-03-0795(A). PETITIONER: Sedona Development, Inc., owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the final plat of SEDONA RIDGE ESTATES, PHASE 3, for eleven (11) lots; with variances on the construction and installation of alleys and on the dedication of public land; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±5.566 acres. LOCATION: Desert Bloom Drive at Oakmont Drive. CURRENT LEGAL: A tract of land in the Northeast one quarter of Section 6, T17S, R10E, NMPM, Alamogordo Otero County, New Mexico described by metes and bounds as follows: Starting at the Southwest corner of said Northeast one quarter and going South 89 degrees 47 minutes 11 seconds East along the South line of said Northeast one quarter a distance of 634.87 feet; thence North 00 degrees 08 minutes 03 seconds West a distance of 650.52 feet to the place of beginning of the tract of land herein described; thence South 89 degrees 51 minutes 56 seconds West a distance of 141.92 feet; thence South 55 degrees 34 minutes 55 seconds West a distance of 8.52 feet; thence North 34 degrees 25 minutes 05 seconds West a distance of 347.91 feet; thence North 00 degrees 08 minutes 20 seconds West a distance of 291.71 feet; thence along the arc of a curve to the left whose central angel is 41 degrees 11 minutes 42 seconds and whose radius is 405.00 feet an arc distance of 291.19 feet; thence North 32 degrees 58 minutes 15 seconds West a distance of 197.72 feet; thence North 29 degrees 56 minutes 07 seconds East a distance of 141.22 feet; thence South 00 degrees 08 minutes 51 seconds East a distance of 58.98 feet; thence South 89 degrees 47 minutes 16 seconds East a distance of 567.69 feet; thence along the arc of a curve to the left whose central angle is 14 degrees 42 minutes 22 seconds and whose radius is 830.00 feet an arc distance of 213.04 feet; thence along the arc of a curve to the right whose central angle is 16 degrees 44 minutes 40 seconds and whose radius is 770.00 feet an arc distance of 225.03 feet; thence South 00 degrees 08 minutes 03 seconds East a distance of 238.90 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that Sedona Development, Inc., owns property in Section 6, T17S, R10E, NMPM, east of Desert Hills Subdivision, within the City of Alamogordo. Approval of the final plat of SEDONA RIDGE ESTATES, PHASE 3, for 5.566 acres has been requested. Subject subdivision is for the development of eleven (11) lots. The property, on Desert Bloom Court and Oakmont Drive, is zoned "A" (Single Family Dwelling) District. The 2000 Comprehensive Plan designates this property to be developed as medium density residential (single family urban). The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance. An Avigation Easement limiting vertical development was previously executed. Through alleys, having a width of twenty feet (20'), are required in each block. A variance to the requirement of alleys was approved by the Alamogordo City Commission for the preliminary plat of this subdivision. It is appropriate to continue the variance with this unit. The approved name of the subdivision is required on the plat. The master plan and the previous plat refried to the development sections as "phases". The plat of the subdivision is to be amended to reference "Sedona Ridge Estates, Phase 3" before being released for filing. Addresses for each lot are required on the plat. Addresses for each lot have been provided to the consulting engineer under separate cover and are required on the plat prior to filing. Public land, at a maximum of five percent (5%) of the total area of the subdivision, exclusive of streets and alleys, is required to be dedicated to the City of Alamogordo. No land is included on the plat for public land dedication to the City of Alamogordo. The following is a summary of the acreage due the City for dedication:

 UNIT NO.  
 NO. LOTS 
 GROSS ACREAGE 
 NET ACREAGE
 PLD ACRES
 1
 17
 6.010
 4.970
 0.24850
 2
 21
 7.423
 5.905
 0.29525
 3
 11
 5.566
 4.748
 0.22740
 TOTAL
 49
 18.999
 15.623
 0.77115

A variance to the public land dedication requirement has been requested on the application. The approval of the master plan and Phase 1 included a condition that public land dedication would only be deferred. Approval of the requested variance on public land dedication is not supported. Dedication of the public land should be done with this phase of development, as previously agreed. Access from Lots 44-48 and Tract A onto Florida Avenue should be prohibited. A note must be included in the general comments at noted for each lot that driveway/curb cut access from subject properties is prohibited. The plat must be corrected to include this prohibition before being released for filing. Development of S. Florida Avenue will be required per the existing agreement. The subdivider shall be required to enter a contract with the City, agreeing to abide by and to comply with his layout and drawings, as finally approved, and all plans and specifications as approved. A contract has been drafted for the completion of improvements. Staff recommended approval of the final plat of SEDONA RIDGE ESTATES, PHASE 3, with a variance on the installation and construction of alleys and with a Subdivider's Contract, dedication of public land, development of S. Florida Avenue, and the required plat corrections.

Mr. Zimmerle was available to represent the case. Mr. Zimmerle stated that the developers will comply with the agreement for the development of Florida Avenue. Mr. Zimmerle also stated that the plat corrections would be made to reflect Phase 3, adding a note that access to Florida is prohibited from any of the lots that back on to Florida Avenue.

Mr. Zimmerle requested that the public land dedication be deferred at this time. According to the memorandum for the Sedona Ridge Master Plan (updated March 26th) 0.50 acre of land for drainage along the proposed extension of Florida Avenue was accepted by the City to partially satisfy the public land requirement. Due to a credit that was given during the master plan stage, all that is due at this time 0.25 acre. Mr. Zimmerle requested that the remaining 0.25 acre be included in the next phase of the subdivision. Ms. Few said there was an agreement on accepting additional right of way for public land dedication and arrangements were made for the public land dedication to be deferred for future development by these developers. It was noted that Public Works, Engineering, Community Services and Public Safety has reviewed all of the three subdivisions. The scale on the plat was incorrect and Mr. Zimmerle assured that it would be corrected.

Commissioner Martin made "TO APPROVE CASE S-03-0795(A) AS WRITTEN WITH VARIANCE ON THE INSTALLATION AND CONSTRUCTION OF THE ALLEYS AND WITH EXCLUSION OF THE 0.25 ACRE PUBLIC LAND DEDICATION" Seconded by Commissioner Goga. All voted "AYE" approving the motion by a vote of 3-0-0.

C. CASE: S-03-0796(A). PETITIONER: George M. Rodriguez, Sr., and Frances R. Rodriguez, owners, by Wyatt Sparks, P.L.S., agent. REQUEST: Approval of the final plat of COLLINS TRACTS, REPLAT D, for four (4) lots; with variances on the construction and installation of alleys, 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: ±2.335 acres. LOCATION: Mesquite Street. CURRENT LEGAL: Tract 19, Collins Tracts. CURRENT ZONE: District "G" (Conditional Trailer). Staff recommended approval of the final plat of COLLINS TRACTS, REPLAT D, with the requested variances (on alleys, on public land dedication, and on drainage report) staff with the required plat corrections and questions being answered.

Ms. Few reported that George M. Rodriguez, Sr., and Frances R. Rodriguez own Tract 19, Collins Tracts, within the City of Alamogordo. Approval of the final plat of COLLINS TRACTS, REPLAT D, for four (4) lots has been requested. The property, 1111 Mesquite Street, is zoned Conditional "G" (Trailer) 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 was executed with a rezoning. Through alleys, having a width of twenty feet (20'), are required in each block. Variances to this requirement have been approved by the Alamogordo City Commission for other subdivisions in the area. Addresses for each lot are required on the plat. Addresses for each lot have been 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. A variance to the drainage report requirement has been requested; however, the City Engineer Dean Hunt has questions regarding the drainage flow from Tracts 19A and 19B. If his concerns can be satisfied prior to consideration of the plat by the City Commission, the drainage report requirements should be deferred until building permits are requested. 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 dedication of 0.11675 acre (5,085.63 square feet) is due the City. A variance to the public land dedication requirement has been requested on the application and because of the small size of the parcel required for dedication, approval of the variance is supported. Typical utility easements which include an addition five feet (5') at the front property lines are shown on the preliminary plat. No such easements are shown on the final plat, which is the document to be filed. These easements and a typical must be included on the plat. Staff recommended approval of the final plat of COLLINS TRACTS, REPLAT D, with the requested variances (on alleys, on public land dedication, and on drainage report) with the required plat corrections and questions being answered.

Mr. Wyatt Sparks, surveyor who helped Mr. Rodriguez in dividing the property, was available to represent the case. Mr. Sparks stated that Mr. Rodriguez is splitting property into four (4) lots to be given to his children. Mr. Sparks indicated Mr. Rodriguez had no problem with the additional 5-foot easement. Mr. Sparks indicated they have not addressed where the lots are going to drain because drainage is so flat, it is hard to determine what way the water is going to drain. Mr. Sparks agreed to contact Mr. Dean Hunt, City Engineer regarding the drainage on the property. Mr. Sparks stated Mr. Rodriguez did not have a problem putting as easement along the sides of the property to provide drainage for lots A and B. Mr. Sparks agreed to provide a written agreement regarding the drainage to Ms. Few no later then November 17, 2003.

Commissioner Goga made "TO APPROVE CASE S-03-0796(A) AS WRITTEN WITH QUESTIONS BY STAFF ANSWERED" Seconded by Commissioner Martin. All voted "AYE" approving the motion by a vote of 3-0-0.

5. REPORTS.

A. City Planner.

(1) December Agenda – Ms. Few stated that attendance with December meeting will be appreciated. There will be fourteen (14) items on the agenda.

(2) 2004 Meeting Schedule & Public Hearing Deadline Schedule - It was noted that the inspection tours were omitted per request by the Commission.

Commissioner Martin made a motion to "ACCEPT THE 2004 PLANNING AND ZONING COMMISSION CASE SCHEDULE AS WRITTEN" Seconded by Commissioner Goga. All voted "AYE" approving the motion by a vote of 3-0-0.

(3) Member Terms - Ms. Few noted that terms will expire the end of January and if anyone did not want to be re-appointed, please advise as soon as possible. The terms will expire the end of January 2004.

(4) Annual Report - A draft will be provided by the next meeting and action will be taken in January.

(5) Church Signs - Staff was approached regarding a church that wanted to put up a new sign. The sign the Church proposed was in line with every other church sign in town. It was discovered that all other church signs in town were out of conformance with the standards in the zoning ordinance which limits the face of a church sign to 10 square feet. Ms. Few noted that an ordinance was going to the City Commission next week to go from a 10 square foot sign face to 50 square foot. Also proposed is expansion of ordinance from one (1) sign per property to two (2) signs per property. Commissioner Goga recommended a height requirement and Ms. Few stated that the height requirement is 35 feet.

(6) Other – Effective November 10, 2003 the City will no longer have an Engineering and Planning Department. The Community Development Department has been created with Mr. Brian McGuire as director. The Community Development Department includes the Engineering Group, Code Administration and Planning. An organizational chart will be distributed when it is available.

B. CHAIRMAN - None.

C. COMMISSION – Commissioner Martin stated he will not be able to continue on Planning Commission effective January expiration. Commissioner Martin will send an e-mail to Ms. Few stating he will not be able to continue.

8. PERSONS TO BE HEARD - None.

9. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Goga made a motion "TO ADJOURN". Seconded by Commissioner Martin. All voted "AYE", passing the motion by a vote of 3-0-0. The meeting adjourned at approximately 2:10 p.m.

Approved: December 3, 2003

/s/ Ginna L. Sanders, Chairman

ATTEST:

/s/ Greg Garcia, Recording Secretary