April 7, 2004 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

April 7, 2004

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman.

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

Mr. Michael M. O'Hara, Member.

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

MEMBERS ABSENT:

Mr. Mark S. Goga, Second Vice-Chairman.

Mr. Richard M. McCracken, Member.

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Ms. Connie Hoey, Recording Secretary.

OTHERS PRESENT:

Mr. Klad Zimmerle, PLS; Mr. Doug Nelson; Mr. Jim Turner; and other unidentified persons.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled April 7, 2004, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of five(5) items were to be considered one (1) 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 April 27, 2004, to render final decisions.

2. APPROVAL OF AGENDA. Ms. Few asked the Commission to withdraw Case S-04-0816(A) from the agenda as requested by Klad Zimmerle. Commissioner Glahn made a motion "TO APPROVE THE AGENDA, AS WRITTEN WITH THE REMOVAL OF CASE S-04-0816(A)". Seconded by Commissioner O’Hara. All voted "AYE", passing the motion by a vote of 3-0-0.

3. MINUTES OF MARCH 3RD, 2004 REGULAR MEETING. Commissioner Glahn made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner O’Hara. All voted "AYE", approving the motion by a vote of 3-0-0.

4. PUBLIC HEARING.

A. CASE: V-04-0470(A). PETITIONER: Tool Box Inc., owner, Douglas D. Nelson, President. REQUEST: Approval of a variance from Section 29-03-360, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing off-street parking requirements; which, if approved, would allow the use/development of the property for storage units with a resulting off-street parking ratio of 1.5:1, rather than the off-street parking ratio of three square feet of parking for each square foot of building required by Code. TOTAL AREA: ±58,285 square feet. LOCATION: 1603 through 1668 Loma Vista. CURRENT LEGAL: Lots 1 through 9, Block 6, Loma Vista Subdivision. CURRENT ZONE: District "D-2" (Neighborhood Business).

Ms Few reported that Tool Box, Inc., owns Lots 1 through 9, Block 6, Loma Vista Subdivision. They plan to build storage units on the property. The property, 1603 through 1668 Loma Vista, is zoned "D-2" (Neighborhood Business) District. The 2000 Comprehensive Plan designates this property to be developed as commercial and retail. Off-street parking for automobiles shall be provided within a distance of five hundred feet (500’) in a proportion of not less than three square feet (3 sf) for each square foot of area inside any such business building. The owner wants to construct storage units on the property with a resulting off-street parking ratio of 1.5:1, rather than the 3:1 off-street parking ratio required by Code. Similar variances have been granted to other storage units in the area. 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. 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 March 21, 2004, in the Alamogordo Daily News, and thirteen (13) notices were mailed to property owners within the 200 foot legal protest area on March 19, 2004. No protests to the requested variance were received. Staff recommends approval of the requested off-street parking variance to allow a ratio of 1.5:1.

Mr Klad Zimmerle of Alamotero Land Surveys was available to represent the case, requesting a parking variance for some storage units. Mr. Zimmerle stated that the storage units typically do not have the people on site all the time that you would find in typical application of the 3:1 parking for restaurants or stores. Mr. Zimmerle does not believe that it would cause a problem with it. In the process eliminating the lot lines for the building permit and additionally replating to pick up an additional twenty foot (20’) which will all be added to the streets within the storage units. They will go from twenty-foot (20’) streets to twenty-seven and one half-foot (27½’) streets. This is something that is coming along with this case currently.

Commissioner Glahn made a motion "TO RECOMMEND APPROVAL OF CASE V-04-0470(A)". Seconded by Commissioner O’Hara. All voted "AYE", passing the motion by a vote of 3-0-0.

B. CLOSE PUBLIC HEARING. Chairman Sanders declared the Public Hearing closed.

5. SUBDIVISIONS.

A. CASE: S-04-0816(A). This case was withdrawn from the agenda.

B. CASE: S-04-0818(A). PETITIONER: Kenneth P. Barlow, owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the final plat of REYNOLDS SUBDIVISION, REPLAT D, for two (2); with variances on the construction and installation of alleys, on the construction and installation of streets to City standards, on the dedication of public land, and from Section 22-01-140(b)(1) relating to drainage plans; with all private wells, septic tank systems, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±2.208 acres. LOCATION: 3030 Hamilton Road at Hamilton Ridge Avenue. CURRENT LEGAL: Lot 1B, Reynolds Subdivision, Replat B. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that Kenneth Barlow owns Lot 1B, Reynolds Subdivision, Replat B which is approximately 2.2 acres in Section 7, T17S, R9E, NMPM, within the City of Alamogordo. Approval of the final plat of REYNOLDS, REPLAT D SUBDIVISION has been requested. Subject subdivision is for the division of one lot into two lots. The property, 3030 Hamilton Road, is zoned "A" (Single Family Dwelling) District. The 2000 Comprehensive Plan designates this property to be developed as low density residential and vacant. The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance. [Chapter 4, Article 4-07, 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 drafted. Through alleys, having a width of twenty feet (20'), are required in each block. Variances to the requirement of alleys have been approved by the Alamogordo City Commission for the original subdivision and 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 has been requested from the requirement of a drainage report. As a house already exists on Lot 1D, it appears to be appropriate to waive this requirement. 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 dedication requirement was waived with previous plats. Only about 4,800 square feet of dedication would be required. A variance to the public land dedication requirement has been requested on the application and is supported. The installation of street improvements, in accordance with the "Technical Standards" is required. A variance has been requested by the developer regarding improvements on Hamilton and Hamilton Ridge. A Waiver of Protest Agreement has been drafted. A twenty-five foot radius is needed at the corner o Lot 2D at the street intersection. The plat must be corrected to show this radius. The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required. No utility lines are available in this area. Concerns regarding the lack of fire hydrants are noted from Public Safety. Staff recommends approval of the final plat of REYNOLDS, REPLAT D with the requested variances (on the construction and installation of alleys, on the construction and installation of streets to City standards, on the dedication of public land, and from Section 22-01-140(b)(1) relating to drainage plans).

Mr. Klad Zimmerle of Alamotero Land Surveys was available to represent the case. Mr. Zimmerle stated that this is just a division of two (2) acres into one (1) acre. Mr. Barlow has a house on the property now and has moved over to Las Cruces. He sold the house and wants to keep half of it to come back to later and build another house. Mr. Zimmerle stated that he has no problem with adding the twenty-five foot (25’) radius to the street, which will round things out, and make the turn easier. Again this is in the City, but outside the utility extension corridor. The nearest water to this property is all the way up at Desert Hills, close to a mile away. In this area, there would be a mutual aide agreement with the volunteer fire department, as well as DPS and they would handle the water shuttle for this area.

Commissioner O’Hara asked about the notation from Public Safety concerning access to the rear house. Mr. Zimmerle stated that the house was on the north lot and there is access to all the properties. The access to the rear house, if and when built, will need to accommodate access by the fire apparatus and lot 1D has access from Hamilton Rd, which is where the existing home is. Lot 2D has access from Hamilton Rd and Hamilton Ridge Ave. They all have access.

Commissioner O’Hara made a motion "TO RECOMMEND APPROVAL OF CASE S-04-0818(A)". Seconded by Commissioner Glahn. All voted "AYE", passing the motion by a vote of 3-0-0.

C. CASE: S-04-0819(A). PETITIONER: Nelson & Nelson, Jr., Partnership, owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the preliminary and final plat of ALAMO CANYON ESTATES SUBDIVISION, for thirty-four (34) lots; with variances on the construction and installation of alleys, on the installation of utilities (water and sewer), on the construction of streets to City standards (dedication, curb, gutter, and sidewalk), on the length of time allowed for filing the final plat (requesting 90 days), and on the dedication of public land; with public access, private wells, and septic tank systems; located outside the City of Alamogordo, but within its planning and platting jurisdiction. TOTAL AREA: ±42.034 acres. LOCATION: Alamo Canyon Road. CURRENT LEGAL: A tract of land in the Southeast quarter Northwest quarter and the Southwest quarter Northeast quarter of Section 33, T16S, R10E, NMPM, described by metes and bounds as follows: Beginning at the Southeast corner of said southeast quarter Northwest quarter and going North 89 degrees 09 minutes 19 seconds West along the South line of said southeast quarter Northwest quarter a distance of 1261.86 feet; thence North 00 degrees 08 minutes 16 seconds West a distance of 1270.20 feet; thence South 89 degrees 34 minutes 59 seconds East a distance of 969.43 feet; thence South 35 degrees 57 minutes 01 seconds East a distance of 1595.30 feet; thence North 89 degrees 08 minutes 04 seconds West a distance of 641.27 feet to the said place of beginning. CURRENT ZONE: No zoning, outside the City.

Ms. Few reported that Nelson and Nelson, Jr., Partnership, owns forty-two (42) acres in Section 33, T16S, R10E, NMPM. Development of the property into forty-two (42) lots, each at least one (1) acre, is proposed. No right-of-way or access is being dedicated. 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. Upon approval of the final plat by the City Commission, the subdivider shall file and record the original thereof with the County Clerk and recorder of Otero County, State of New Mexico, and likewise deliver a copy thereof to the County Assessor within thirty (30) days after approval. The developer has requested ninety (90) days from City Commission approval to file the plat. The request should allow sufficient time to process the subdivision through the County’s procedure. The variance is supported by staff. Through alleys, having a width of twenty feet (20') are required in each block. A variance to the requirement of alleys has been requested by the applicant. As the subdivision is located outside the City of Alamogordo and will be developed to Otero County standards, approval of this variance is supported by staff. 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 the requirement of public land dedication 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 asphalt streets are proposed for the subdivision. A variance from the requirements of the City's development standards has been requested. Although the property is outside the defined utility extension area it is in close enough proximity to the City that annexation is foreseeable in the future. As such, it is strongly recommended that a water storage (minimum 30,000 gallon) and suppression system be in place with established hydrants to maintain protection and ISO ratings (plus meetings with the Oro Vista Fire Chief. The proposed development does not provide for the extension of South Scenic as identified by NMSHTD Project M 4920(2), Scenic Drive South Extension Phases 2 and 3. The corridor study project was a joint effort by the NMSHTD (NMDOT) and the City of Alamogordo in 1989. The corridor identified in the study intersects this project near Lots 1 & 2 on the north side of the development and proceeds southerly through lots 26, 29, 32, 19, 12 &13. Lots adjacent to these lots may also be affected. Provide a 30-foot radius on all property corners that are adjacent to street intersections. This is especially important where the two intersecting streets form an acute angle. No right-of-way dedication or access is shown for any of the streets within the subdivision. Alamo Canyon Road is even listed as a sixty-foot waterline easement.. This must be corrected. Roads within the subdivision should be constructed with a hard surface, although no curb or gutter will be required. Walking paths are needed with the roads. Submit final engineering plans for road and drainage improvements for review prior to any construction of the improvements. A Waiver of Protest Agreement has been prepared. The plat corrections are required prior to consideration of the subdivision by the City Commission. 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 is scheduled for consideration by the County Planning Commission. Staff recommends approval of the preliminary and final plat of ALAMO CANYON ESTATES SUBDIVISION with the requested variances (on alleys, on public land dedication, and on the construction of utilities and streets to City standards, public land dedication, and the time for filling the plat), with the required plat corrections and construction of streets with paved surface.

Mr. Klad Zimmerle of Alamotero Land Surveys was available to represent the case. Mr. Zimmerle stated that this is development of approximately thirty (30) plus lots on Alamo Canyon Road. South of the Ocotillo water tanks there are city water lines crossing the property , but they are in a zone situation where the elevations will provide pressure that is needed in there for city water lines. As for the thirty thousand (30,000) gallon storage tank on the property, what is proposed is meeting with the Oro Vista Volunteer Fire Department. They will be contacted prior to going to the county meetings as well as being for informational purposes with the chief. In the county there is no fire suppression system required for anything smaller than one hundred (100) lots. This a thirty (30) lot subdivision and it has good circulation on the streets, emergency turn-around on the cul-de-sacs, and should not pose a problem with the fire departments as far as access to any of the properties.

Mr. Zimmerle went on to say that the south Scenic extension was proposed in 1989, this is when they did develop a corridor, where they thought Scenic may go some day. They constructed it to the Ocotillo intersection and it has sat since then. In that time there has been development along that corridor in several areas where houses are now in the middle of the corridor. What we are contending is that stopping this development because there is a corridor that was proposed in 1989 to go around town is not advantageous to any of the development in this area. If they are going to stop development based on the location of this corridor then it needs to be fixed, and the position on this issued needs to be fixed and acquire the right-of-way. Otherwise there will be this floating line out there that is hindering or slowing the development of the area. This is one of the areas that is going to continue to develop, there are large tracts, good views, good water, good circulation. Mr. Zimmerle stated he didn’t mind any of the options. Whether if be to fix the position of the road or acquire the right-of-way or continue with the development, we have no problem whatsoever providing the thirty foot (30’) radius’ at the corners of the intersections as this will help round the intersection. In reference to the Alamo Canyon Road, Mr. Zimmerle said he has met with the county twice through admin and the road shop. They claim Alamo Canyon Road is a County maintained road. It is paved, and they continue to maintain it. The road lies directly over a sixty-foot (60’) water line easement for the city of Alamogordo. They are occupying the same space. We will show on the map that Alamo Canyon Road is considered a county road sixty-foot (60’) right-of-way. A dedication will be put on the plan itself for the county to accept these right-of-ways. There is no problem with the roads, as the roads will be paved as this has been planned from the beginning. With twenty-foot (20’) surfaces, four-foot (4’) shoulders; a walking path similar to the one in the Foothills subdivision. The last one approved in town was on South Scenic. There was a walking path along the upper side on the roadways. If they are put on the downhill side, then they are affected by the drainage they can soak up. What we purpose is that we do the walkways the same as the Foothills and put it on the high side. This will provide adequate circulation and room from pedestrians to bicycles. There is no problem getting profiles to Mr. Dean Hunt before construction of the roads.

Commissioner Glahn asked if one could drive out there now. Mr. Zimmerle stated that one could drive there now as the roads were paved right through the property.

Commissioner O’Hara asked how far away are the wells. Mr. Zimmerle stated there is a well at the mouth of Alamo Canyon however, there is a water collection from the Alamo Canyon system, which is just a spring box. This actually is a treatment plant where all the collection comes in from Alamo Canyon, Calavaro, and Cherry system. The water storage tank is a one quarter (1/4) of a mile north of there. Also the Oro Vista Volunteer Fire Department is less than seven hundred feet (700’) from the north side of this property.

Commissioner O’Hara asked about wells in the area as far as someone pulling water from the ground water available. Mr. Zimmerle stated there are several private wells, not municipal wells.

Commissioner Glahn asked about the possibility of that many wells on the 34 lots, which are at least one (1) acre. Mr. Zimmerle stated that the potential does exist. This property is being approved for shared wells, where a maximum of four (4) families on the system. In the disclosure statement and also approval from the state engineer through the county side of this approval and they indicate shared wells can only handle four households at a time for a total of three (3) acre feet. Mr. O’Hara asked if these wells would be metered. Mr. Zimmerle stated that if a well is shared, it would be metered four (4) times. This gives three-quarters (3/4) of an acre-foot. The yards on the property are being limited to eight hundred (800) square feet of irrigated lawn—a twenty by forty (20 x 40) patch and it must be enclosed. There is a nice set of covenants for this property.

Mr. Zimmerle asked if the Commissioners received the disclosure statement on this property. They had not. The disclosure shows the water depth, availability. There are sixteen (16) wells in section. The average depth of water is four hundred twenty-two (422) feet. Estimated is minimum three hundred (300), maximum five hundred thirty (530). The average water produced is 34 gallons per minute per well.

Commissioner O’Hara asked Ms. Few what the city plans were as far as providing septic service for that area as it continues to develop and is outside the city limits. Ms. Few stated that there were none. Commissioner O’Hara’s concern is that as these lots develop that the lots are coming in with septic tanks with no individual septic tanks and no community treatment facility—which could be required by the county. Mr. Zimmerle stated that NMEID reviewed the plans and saw no problems with the soil supporting the septic system. In a septic system, the main contaminates are filtered out in the first eight feet (8’) from the end of the leech lines. More sever contaminates percolate out to about thirty (30) feet. Commissioner Glahn asked how far a leech field should be from the well Mr. Zimmerle stated that no utilities would be extended pass the West Side of town. The properties he is looking at are out of the extension area. He also stated that the NMED states the liquid waste management plan can be fulfilled. This development will not include any mobiles. Commissioner O’Hara stated his dislike with organization between the State and City of Alamogordo, however would not vote against this case at this time.

Commissioner O’Hara made a motion "TO RECOMMEND APPROVAL OF CASE S-04-0819(A) FOR THIS SUBDIVIISON". Seconded by Commissioner Glahn. All voted "AYE", passing the motion by a vote of 3-0-0.

D. CASE: S-04-0820(A). PETITIONER: Jim Turner and Diane Turner, owners, by Klad Zimmerle P.L.S., agent. REQUEST: Approval of the preliminary and final plat of SLEEPY MOUNTAIN SUBDIVISION, for twelve (12) lots; with variances on the construction and installation of alleys, on the installation of utilities (water and sewer), on the construction of streets to City standards (dedication, curb, gutter, and sidewalk), and on the dedication of public land; with public access, private wells, and septic tank systems; located outside the City of Alamogordo, but within its planning and platting jurisdiction. TOTAL AREA: ±14.333 acres. LOCATION: S. Scenic Drive. CURRENT LEGAL: A tract of land in the Southwest quarter of Section 28, T16S, R10E, NMPM, described by metes and bounds as follows: Starting at the South one-quarter corner of said Section 28 and going North 00 degrees 06 minutes 58 seconds West along the North/South centerline of said Section 28 a distance of 724.47 feet to the place of beginning of the tract of land herein described; thence North 87 degrees 57 minutes 57 seconds West a distance of 969.75 feet; thence South 85 degrees 44 minutes 27 seconds West a distance of 84.78 feet; thence North 48 degrees 30 minutes 28 seconds West a distance of 21.02 feet to the East right-of-way line of South Scenic Drive; thence along said right-of-way line along the arc of a curve to the right whose central angle is 02 degrees 31 minutes 47 second and whose radius is 1468.14 feet and whose chord bears North 01 degrees 25 minutes 51 seconds West an arc distance of 64.82 feet; thence North 00 degrees 09 minutes 57 seconds West along said right-of-way line a distance of 458.50 feet; thence North 54 degrees 02 minutes 15 seconds East a distance of 21.14 feet; thence North 89 degrees 31 minutes 28 seconds East a distance of 84.83 feet; thence North 00 degrees 15 minutes 01 seconds East a distance of 25.00 feet; thence South 89 degrees 44 minutes 59 seconds East a distance of 971.28 feet; thence South 00 degrees 06 minutes 58 seconds East a distance of 601.75 feet to the said place of beginning. CURRENT ZONE No zoning, outside the City.

Ms. Few reported that Jim Turner and Diane Turner own 14.33 acres in Section 28, T16S, R10E, NMPM. Development of the property into twelve (12) lots, each almost an acre, is proposed 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 medium density residential. Upon approval of the final plat by the City Commission, the subdivider shall file and record the original thereof with the County Clerk and recorder of Otero County, State of New Mexico, and likewise deliver a copy thereof to the County Assessor within thirty (30) days after approval. The developer has requested ninety (90) days from City Commission approval to file the plat. The request should allow sufficient time to process the subdivision through the County’s procedure. The variance is supported by staff. 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, approval of this variance is supported by staff. 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 asphalt streets are proposed for the subdivision. A variance from the requirements of the City's development standards has been requested. The following comments were noted from engineering: 1) Limit vehicular access to lots 1,2 and 3 to Rain Street. No direct vehicular access from South Scenic Drive. 2) Provide a 25-foot radius on property corners that are adjacent to street intersections. Fire Street and Earth Street must be extended to east to provide access to the private property located there (avoid creating land-locked parcels). Submit final engineering plans for road and drainage improvements for review prior to any construction of the improvements. Plat corrections must be provided prior to consideration of the subdivision by the City Commission. A Waiver of Protest Agreement has been prepared. 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 is scheduled for consideration by the County Planning Commission. Staff recommends approval of the preliminary and final plat of SLEEPY MOUNTAIN ESTATES SUBDIVISION with the requested variances (on alleys, on public land dedication, and on the construction of utilities and streets to City standards) with the required plat corrections.

Mr. Klad Zimmerle of Alamotero Land Surveys was available to represent the case. Mr. Zimmerle stated that this is Sleepy Mountain Estates. It is a subdivision that is just off of south Scenic, approximately one half (1/2) mile of Alamo Canyon Estates. Those plats have been addressed prior to submittal limiting the vehicular access to lots one, two, and three on Scenic. The only road access is Rain. Ms. Few stated that several staff missed the notation, Mr. Zimmerle stated the notations would be larger and in boxes. Mr. Zimmerle stated that there would be no motor home access and everything would come from the east side. Or the two end lots from the north and south. There is no problem with the twenty-five foot (25’) radius at the corners. As far as extending fire and earth to the east, Mr. Zimmerle is presently talking with the owner to the east to work out access to that property. The owner is Tom Overstreet and John and Toots Green. When Mr. Overstreet split with Sunshine properties and Fitzgerald, they owned most of Opal Haynes’ property, which extends from this side of North Scenic up to Weber’s stables. The Foothills development is part of this same holding.

Mr. Zimmerle went on to state that when they split the PC 20 is the present one and Fitzgerald took that smaller area that is adjacent to Scenic and between this property and then the other Foothills Subdivision. Mr. Overstreet took the eighty-acre (80-acre) parcel that lies to the east of this property. They were all under one ownership at the time of being split and no provision was made during that spit to provide access to the back piece. The man land-locked himself. The Title Company has been searching this property and there are no other easements that back to that eighty (80). There was nothing in any agreement when the property was split, Mr. Zimmerle stated, and It is not our obligation to provide them access. Mr. Zimmerle stated that they really do not want Earth Street to go through. They are wanting to keep this a private, not necessarily gated, but fenced community with nice homes, landscaped community, etc. If there needs to be a street provided, what has been done on the north, is giving an entire fifty-foot (50’) strip off of this property to provide for Fire. If the Fitzgeralds and PC 20 and Overstreet are willing to shift the street twenty-five foot (25’) north, so that twenty-five foot (25’) comes off of our subdivision and twenty-five foot (25’) comes off of their property on the north, that will provide the access they need to the rear eighty acres.

Commissioner O’Hara states that he does not think that Mr. Zimmerle wants to "piss Tom Overstreet off" (pardon the expression), and states that Mr. Zimmerle really doesn’t want to land-lock Mr. Overstreet, as that would tie everything up for a long time. Mr. Zimmerle stated that Mr. Overstreet landlocked himself. He also stated that Mr. Overstreet is a friend and also a client, so they are working together to get these issues resolved. Mr. Zimmerle stated that these issues will be resolved before the City Commission meeting.

Ms. Few asked if the exterior boundary of the subdivision could change to include an addition twenty-five (25) feet to the north. Mr. Zimmerle answered that street stub-out on the plat shows the quarter-section line, and the property line hits the center of that stub-out. Ms. Few and Mr. Zimmerle addressed some of the property line boundaries and briefly discussed and explained these items with the Planning Commission.

Commissioner O’Hara stated that the only way that he would support this case is if an arrangement can be made to take fifty feet (50’) off of lot 10 or shift this one over twenty-five feet (25’). Mr. Zimmerle assured the Planning Commission and Staff that he will have an agreement with Mr. Overstreet by the time of the City Commission.

Commissioner O’Hara made a motion "TO RECOMMEND APPROVAL OF CASE S-04-0820(A) WITH THE STIPULATION THAT THE AFFECTED PARTIES WORK OUT AN AGREEMENT PERTAINING TO ACCESS TO THE PROPERTY THAT LIES EAST OF SUBJECT PROPERTY, AND WITH THE VARIANCES AND REQURIED PLAT CORRECTIONS". Seconded by Commissioner Glahn. All voted "AYE", passing the motion by a vote of 3-0-0.

6. REPORTS.

A. City Planner.

(1) May Agenda. Ms. Few stated that there are only two items for the May agenda which are subdivisions.

(2) Election of Officers. The Planning and Zoning Commission opted to vote on election of officers when all members are present.

(3) HAFB representation. Ms. Few stated that a request has been proposed by Mr. Urey, regarding allowing HAFB to name a permanent Pro-Tem for their representative. So that, should Mr. Urey not be able to be in attendance, there would be somebody designated to be on standby for his function. Because Mr. Urey’s position is strictly advisory to the Planning Commission, we would like to take a resolution forward to formally allow this—if Holloman decides that they want to do this. The Planning Commission unanimously voted to go forward with this resolution.

(4) Junk yards. Ms. Few stated that a report has been requested, but has not yet been sent to her

(5) Other.—Ms. Few wished everyone a Happy Easter.

B. City Attorney.—None

C. Chairman. –None

D. Commissioners. –None

7. PERSONS TO BE HEARD.—None

8. ADJOURNMENT - There being no further business to come before the Commission, Commissioner O’Hara made a motion "TO ADJOURN". Seconded by Commissioner Glahn All voted "AYE", passing the motion by a vote of 3-0-0. The meeting adjourned at approximately 2:25 p.m.

Approved: May 5, 2004

/s/ Ginna L. Sanders, Chairman

ATTEST:

/s/ Connie A. Hoey, Recording Secretary