JANUARY 7, 2004 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

JANUARY 7, 2004

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman.

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

Mr. Mark S. Goga, Second Vice-Chairman

Mr. Richard M. McCracken, Member.

MEMBERS ABSENT:

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

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. J. Gregory Garcia, Recording Secretary.

Ms. Donna Hubler, Recording Secretary

OTHERS PRESENT:

Mr. Klad Zimmerle, PLS; Mrs. Sue DeWolf; Mr. Charles DeWolf; Ms. Lynne Peek; Mr. Billy F. Duncan; Mr. Thomas L. Peek; Mr. Doug Nelson; and other unidentified persons.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled January 7th, 2004, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that three (3) 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 January 27th, 2004, to render final decisions.

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

3. MINUTES OF DECEMBER 3RD REGULAR MEETING, AND JANUARY 4TH INSPECTION TOUR, 2004. Commissioner Goga 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. MISCELLANEOUS.

CASE: M-03-0306(A). PETITIONER: City of Alamogordo, Applicant. REQUEST: Approval of Resolution 2004-01 to establish "Reasonable Notice of Meetings" for the Alamogordo Planning and Zoning Commission for the year 2004.

Ms. Few reported that in accordance with New Mexico Statutes, the official notice for public meetings is required to be considered at least annually by the Alamogordo Planning and Zoning Commission.

Approval of the accompanying resolution is needed to fulfill the requirements of Statutes establishing reasonable notice of meetings and the manner for giving notice of any meeting of the Alamogordo Planning and Zoning Commission.

A meeting is considered to be any gathering of a quorum of the voting members of the Commission where business of the Planning and Zoning Commission may be discussed or considered. The notification requirements in the resolution follow both City Ordinances and State Statutes, as follows:

REGULAR MEETING Five (5) days,

SPECIAL MEETING Twenty-four (24) hours, and

EMERGENCY MEETING Three (3) hours.

Staff recommended approval of Resolution 2004-01 determining reasonable notice of meetings for the Alamogordo Planning and Zoning Commission during the year 2004.

Commissioner Goga made a motion "TO RECOMMEND APPROVAL OF CASE M-03-0306(A). Seconded by Commissioner McCracken. All voted "AYE", passing the motion by a vote of 4-0-0.

5. PUBLIC HEARING.

CASE: Z-03-0627(A) discuss with S-03-0806(A). PETITIONER: N2, Inc., owner, by Klad Zimmerle, agent. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "C" (Multi-family Dwelling), or a more restrictive classification; which, if approved, would allow the property to be used/developed for multi-family dwellings. TOTAL AREA: ± 2.353 acres. LOCATION: S. Florida Avenue. CURRENT LEGAL: A tract of land in the North half Northwest quarter of Section 32, T16S, R10E, NMPM, described by metes and bounds as follows: Starting at the Northwest corner of said Section 32 from which the North one-quarter corner of said Section 32 bears South 89 degrees 19 minutes 50 seconds East and going South 69 degrees 02 minutes 55 seconds East a distance of 230.79 feet to the place of beginning of the tract of land herein described; thence along the arc of a curve to the right whose central angle is 90 degrees 00 minutes 00 seconds and whose radius is 30.00 feet and whose chord bears North 45 degrees 40 minutes 10 seconds East an arc distance of 47.12 feet; thence South 89 degrees 19 minutes 50 seconds East a distance of 892.62 feet; thence along the arc of a curve to the right whose central angle is 90 degrees 00 minutes 00 seconds and whose radius is 30.00 feet an arc distance of 47.12 feet; thence South 00 degrees 40 minutes 10 seconds West a distance of 78.00 feet; thence North 89 degrees 19 minutes 50 seconds West a distance of 952.62 feet; thence North 00 degrees 40 minutes 10 seconds East a distance of 78.00 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling) upon Annexation. REQUEST: Approve rezoning from "A" to "C", upon annexation and that the master plan be amended to reflect the change.

Ms Few reported on both Case Z-03-0627(A) and Case S-03-0806(A), as they were related. Ms Few did note that they would need to have separate motions, however, when the Commission voted. Ms. Few stated that N2, Inc., owns 22.353 acres of land in Section 32, T16S, R10E, NMPM, adjacent to South Florida Avenue. The proposed rezoning will allow the property to be developed and used for multi-family dwellings. The property will be zoned "A" (Single Family Dwelling) District, upon annexation. 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, 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 was executed with the annexation. Pursuant to Section 29-01-020, of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised on December 14, 2003, in the Alamogordo Daily News, and forty (40) notices were mailed to property owners within the 200 foot legal protest area on December 22, 2003. One protest to the requested rezoning was received, which represents 1.39 percent of the legal protest area. A copy of that protest letter along with the other relevant data was provided to the Commission in a yellow addendum. Approval of the rezoning to District "C" (Multi-family Dwelling) is recommended and that the master plan be amended to reflect the change.

Mr. Klad Zimmerle, PLS, was available to speak for both of these cases. Mr. Zimmerle stated that this will be an eighty-four (84) acre, eighty-four (84) lot development on the south side of town. Mr. Zimmerle stated that they were going for an annexation concurrently with it. Mr. Zimmerle wanted to address some of the concerns that were stated in the protest letter for this petition. He stated that during the construction of this development, the dust concerns would be controlled by both the City of Alamogordo and the contractor himself. There will be emergency numbers available to the City, should any problems arise, such as high winds on the weekend. Mr. Zimmerle also stated that this development would significantly reduce the dust problem in that area with the asphalt, plantings in the yards, etc. Mr. Zimmerle finished by stating that the development will be built in two phases. One on the south end and one on the north, depending on how the market goes.

Chairman Sanders asked where the third acre would be in regard to the public land dedication. Mr. Zimmerle answered that it will be in the northwest corner of the property and will developed as a "dry" park, as it will be xerascaped with a sand playground. Mr. Zimmerle approached the Planning/Zoning Commission to address some of the concerns with location and area of public land dedication.

Commissioner Goga also had a question in regard to the drainage requirements and plans. Mr. Zimmerle again approached the Commission and discussed the concerns and answer the questions regarding drainage requirements.

Mr. Doug Nelson of N2, Inc, was also available to address the Planning and Zoning Commission. Mr. Nelson stated that he wanted to address to park issue. He said that he is working on a new set of standards for the development with City staff. He stated that current standard is to give three quarters of an acre or one lot. However, rather than have the lot sit and possibly get sold, he would like to have the park completed for this development, as these lots are intended to be "starter homes" for families with children and it would give them a play area.

Chairman Sanders stated that the cases would need to voted upon separately by the Commission.

Commissioner Goga made a motion "TO RECOMMEND APPROVAL OF CASE 03-0627(A) FOR THE REZONING AND THAT THE MASTER PLAN REFLECT THE CHANGE. Seconded by Commissioner Glahn. All voted "AYE", passing the motion by a vote of 4-0-0.

Chairman Sanders declared the Public Hearing closed.

6. SUBDIVISIONS.

CASE: S-03-0806(A) discuss with Z-03-0627(A). PETITIONER: N2, Inc., owner by Klad Zimmerle, PLS. REQUEST: Approval of the preliminary and final plat of HERMOSA EL SOL SUBDIVISION for eighty-four (84) lots; with all utilities, paved streets and public access; located outside the City of Alamogordo with an annexation petition under consideration. TOTAL AREA: ±21.059 acres. LOCATION: S. Florida Avenue. CURRENT LEGAL: A tract of land in the North half Northwest quarter of Section 32, T16S, R10E, NMPM, Alamogordo, Otero County, New Mexico described by metes and bounds as follows: Starting at the Northwest corner of said Section 32 and going South 89 degrees 19 minutes 50 seconds East along the North line of said Section 32 a distance of 200.00 feet to the place of beginning of the tract of land herein described; thence continuing South 89 degrees 19 minutes 50 seconds East a distance of 1134.09 feet; thence South 00 degrees 19 minutes 49 seconds West a distance of 718.13 feet; thence North 89 degrees 19 minutes 11 seconds West a distance of 1284.79 feet; thence North 00 degrees 23 minutes 08 seconds East a distance of 652.88 feet; thence North 67 degrees 11 minutes 46 seconds East a distance of 163.18 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Residential) upon annexation.

Ms. Few reported that N2, Inc., owns approximately twenty-two (22) acres in Section 32, T16S, R10E, NMPM, next to the City of Alamogordo. The property is under consideration for annexation. Approval of the preliminary and final plat of HERMOSA EL SOL SUBDIVISION for the development of eight-four (84) lots has been requested. The property will be zoned "A" (Single Family Dwelling) District upon annexation. 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 to not more than fifty feet (50') above ground level was executed for the annexation. 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 will be provided to the consulting engineer under separate cover and are required on the plat prior to filing. A drainage report is required. The drainage report must be 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. Approximately 0.7855 acres is due for public land dedication. Only 0.355 acre is included on the plat for public land dedication to the City of Alamogordo. Approval of the location and acreage proposed for dedication is required in writing by the Community Services Department before the plat is considered by the City Commission. All rough grading and shaping of lots to be in compliance with Chapters 29 and 70 of the 1991 Uniform Building Code (U.B.C.). The applicant(s) should take particular note of the requirements of Section 2907(d)5 and Section 7012(d) as it relates to the drainage of the rear lots. A temporary traffic barricade, built to Manual of Uniform Traffic Control Devices (MUTCD) standards, will be required at the end of Tierra Rojas. Corrections are required on the plat and to the technical drawings (to include the drainage easement between Lots 6 and 7, the drainage structure under the perimeter wall, ditch location, etc.) which must be approved by the staff prior to consideration of the plat by the City 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.

Commissioner Glahn made a motion "TO RECOMMEND APPROVAL OF CASE S-03-0806(A) WITH STAFF RECOMMENDATIONS AND THAT THE DEVELOPER WORK WITH STAFF ON ANY OUTSTANDING ISSUES, INCLUDING THE PARK." Seconded by Commissioner Goga. All voted "AYE", passing the motion by a vote of 4-0-0.

7. REPORTS.

A. City Planner.

(1) February Agenda – Ms. Few stated that the February agenda will include six (6) items to discuss before the Commission.

(2) Mr. Few stated that the election of officers will need to be held at the end of the meeting in February.

(3) Ms. Few reported that the annual report will be included for the February meeting.

(4) Ms. Few also stated that there was one appointment made to the Planning Commission, however he had to decline as he failed to realize that the meetings are held during the day. There are a few other applications in the works now.

B. City Attorney.-None

C. Chairman. Chairman Sanders asked Ms. Few about the discussion concerning changing the meeting date from the first Wednesday of the month to the second Wednesday of the month. This was to enable the time frame for all the little "hitches" in a subdivision to be worked out and have the planning meeting with the staff prior to the Planning/ Zoning. She stated that there was discussion about changing the meeting time to allow enough time to resolve these issues. Chairman Sanders asked if this get voted out, or if the current time frame is working.

Ms. Few stated that the Planning Commission voted on its meeting times in November. These were acted upon, have been published and are in effect for the rest of the year for the first Wednesday of the month. There may be a change with establishing a second deadline schedule for submission of materials if the new subdivision ordinance goes into effect; so that the Subdivision items would have a different deadline date from the Public Hearing items. Ms. Few stated that she was not aware of any mandate to change the Planning and Zoning schedule.

Chairman Sanders stated that the information came from the meetings at the Fire Station. The idea was that the developer was to turn in all the materials on the first, then there would be a period of time in which it would be reviewed by the City Departments. Then, there would be a meeting with the Department heads to discuss any issues or problems the subdivision may have to get worked out before the Planning and Zoning meeting. This would allow the developer two weeks to discuss and work out any staff problems, then have the Subdivision heard by the Planning and Zoning Commission expeditiously.

Ms. Few stated that these issues were actually set up on the timetable meant for the new subdivision ordinance—which is nowhere near ready to be seen by the City Commission. If the Planning Commission wishes to change any of the times, Ms. Few stated that the schedule will have to be reposted, republished, and reestablish schedules accordingly. There would be a major impact to zoning cases, because they would probably not be able to be heard by City Commission because of the fifteen (15) day requirement for publication before the City Commission meeting.

Chairman Sanders asked if Ms. Few would check into this discussion to see if there were going to be any changes. If so, the Planning Commission would discuss those changes and how they would affect the way in which things are handled.

D. Commissioners. –None

Representative from HAFB.—None

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 McCracken. All voted "AYE", passing the motion by a vote of 4-0-0. The meeting adjourned at approximately 2:02 p.m.

Approved: February 4, 2004

/s/ Ginna L. Sanders, Chairman

ATTEST:

/s/ J. Gregory Garcia, Recording Secretary