July 7, 2004 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

July 7, 2004

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman.

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

Mr. Richard M. McCracken, Second Vice-Chairman.

Mr. Mark S. Goga, Member.

Mr. Michael M. O’Hara, Member.

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

MEMBERS ABSENT:

None.

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. J. Gregory Garcia, Recording Secretary.

Ms. Linda Sanderson, Recording Secretary.

OTHERS PRESENT:

Mr. Earl Gardner; Mr. Mario C. Fernandez; Mr. Bobby Gardner; Mr. and Mrs. Frank Frazier; Mr. Tom L. French; Mr. Blaine Harrison; Mr. A. J. Mitchell; Mr. Steven Sandoval, PLS; Mr. Klad Zimmerle, PLS; Mr. Douglas Nelson; and other unidentified persons.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled July 7, 2004, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that 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 July 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 5-0-0.

3. MINUTES OF May 5th, and June 2nd, 2004 REGULAR MEETING. Commissioner Goga made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner Glahn. All voted "AYE", passing the motion by a vote of 5-0-0.

PUBLIC HEARING.

A. CASE: Z-04-0630(A). PETITIONER: Tierra de Suenos, Inc., owners, by Klad Zimmerle, PLS, agent. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "A-1" (Townhouse); which, if approved, would allow the property to be used/developed for either attached or detached single family dwelling units. TOTAL AREA: ± 6.718 acres. LOCATION: 2500 and 2600 E. Tenth Street. CURRENT LEGAL: Tracts C and D, Block 14, Dale Bellamah Addition, Unit 4C, Lot 3, Block 14, Replat A. CURRENT ZONE: District "D-2" (Neighborhood Business).

Ms. Few reported that Tierra de Suenos, Inc., owns Tracts C and D, Block 14, Dale Bellamah Addition, Unit 4C, Lot 3, Block 14, Replat A. The proposed rezoning will allow the property to be developed and used for attached or detached single family dwelling units. The property, 2500 and 2600 E. Tenth Street, is zoned "D-2" (Neighborhood Business) District. The 2000 Comprehensive Plan designates this property to be developed as commercial and retail. Fire trucks must have access within 150 feet from roadway to the dwelling unit. All units should meet IFC 3002 code requirements and plans should be submitted for approval before construction begins. 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 June 20, 2004, in the Alamogordo Daily News, and sixty-one (61) notices were mailed to property owners within the 200 foot legal protest area on June 21, 2004. Of the sixty-one (61) notices, two (2) protests to the requested rezoning were received, which is 0.65 percent (0.65 %) of the 200 foot legal protest area. A copy of the protests was provided to the Planning Commission for the meeting. Approval of the rezoning to District "A-1" (Townhouse) is recommended.

Mr. Tom French, President of Tierra De Suenos, Inc., was available to speak for the petition. Mr. French, stated that all though this hearing was only to talk about the rezoning, he wanted to also bring everyone up to speed as to what is being planned for that area. Mr. French also stated that when the neighborhood actually see what is planned, it will be a welcomed addition to the area. Mr. Klad Zimmerle and Mr. French approached the Commission to show the proposed plat and display the plan for the audience. Mr. French noted they will be building medium priced homes. They have not however, decided on whether the homes will be connected or detached single-family homes. All of the homes will back against the perimeter of this property so that they will all face inward. Mr. French went on to explain the layout of the plat and that the homes will have xeroscaping in the front so that they will not need a lot of water. The homes will be in the 1,400 – 1,900 square foot ranges. A park area is also proposed for this community.

Commissioner O’Hara asked if the park would be open to the entire neighborhood? Mr. French stated that there are two options available to them. They have met with staff on two occasions and have the option to turn it over to the City when the plat is done so it could be a public park; or to leave it as a private park for the residents of this neighborhood as a shared ownership. Mr. French stated that the only concern is that if it becomes a public park, that the City would maintain it to the standards that he would like.

Commissioner O’Hara also asked of this is going to be a gated community, and how it would be policed or kept private for use only by the community residents? Mr. French stated that there are only two intents to try and keep the park private. One, already stated, is to make sure it is kept properly maintained, the other is so the residents could have private parties and have no problems from the City.

Commissioner O’Hara asked how the Parks and Recreation Department has taken this idea? Mr. French stated that he didn’t remember the Parks Department making any comments about this. Ms. Few stated that the Parks Department did not have a preference—depending on how it is developed. She stated that they have not seen a plan as detailed as this yet from which to make a decision as to a preference. Commissioner O’Hara stated that this is one of the few times he has seen a developer offer the dedication up front—without being forced to by the City. Commissioner O’Hara stated that the park would surely be a welcomed addition to the area.

Ms. Few stated that the issue at hand was the zoning, and further details on the subdivision need to be worked out with staff. Ms. Few stated that current zoning, "D-2", does not allow single-family dwellings. It does allow any commercial use as long as it is conducted inside, such as small convenience stores to shopping centers, and apartments. The requested rezoning would eliminate any use other than single-family dwellings, churches, and schools.

Commissioner O’Hara stated that although he understands the opinion of the people protesting the rezoning, any new development would be better than the vacant lot that has been there for many years.

Commissioner O’Hara made a motion "TO RECOMMEND APPROVAL OF CASE Z-04-0630(A) OF THE ZONING CHANGE." Seconded by Commissioner Goga. All voted "AYE", passing the motion by a vote of 5-0-0.

B. CASE: Z-04-0631(A). PETITIONER: David Gonzales and Terry Harrison, owners. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "G-2" (Trailer Court); which, if approved, would allow the property to be used/developed for a manufactured housing park after approval of the development plan. TOTAL AREA: ± 3.198 acres. LOCATION: U. S. Highway 70 West and on James Street. CURRENT LEGAL: A 0.124 acre tract of land being a portion of Lot 3, McLain Subdivision, Alamogordo, Otero County, New Mexico lying generally south of U.S. Highway 70 and east of Collins Avenue, in the North half Southeast quarter Section 2, T17S, R9E, NMPM, and being more particularly described as follows, to wit: BEGINNING at a found 5/8 inch iron rod with cap for the southeast corner of this tract, said point being identical to the southeast corner of Lot 3, McLain Subdivision as filed in the records of the County Clerk in Plat Book 54, Pages 34 - 35; THENCE, from the point of beginning, along the south line of Lot 3, South 89 degrees 51 minutes 24 seconds West, a distance of 60.84 feet to a found half inch iron rod for the southwest corner of this tract, said point being identical to the northwest corner of Lot 4, Collins Tract; THENCE, North 01 degree 10 minutes 56 seconds East, a distance of 103.67 feet to a set half inch iron rod on the North line of Lot 3, McLain Subdivision, for the northwest corner o this tract; THENCE, North 86 degrees 11 minutes 26 seconds East, a distance of 41.66 feet to a found 5/8 inch iron rod for the northeast corner of this tract, said point being identical to the northeast corner of Lot 3, McLain Subdivision; THENCE, along the east line of said Lot 3, South 09 degrees 09 minutes 44 seconds East, a distance of 107.64 feet to the point and place of beginning enclosing 0.124 acres of land, more or less. AND A 3.074 acre tract of land being in Alamogordo, Otero County, New Mexico lying generally south of U.S. Highway 70, east of Collins Avenue, west of James Street, in the North half Southeast quarter Section 2, T17S, R9E, NMPM, and being more particularly described as follows, to wit: BEGINNING at a found 5/8 inch iron rod with cap for the southwest corner of this tract, said point being identical to the southeast corner of Lot 3, McLain Subdivision as filed in the records of the County Clark in Plat Book 54, Pages 34-35; THENCE, from the point of beginning, along the east line of Lot 3, North 09 degrees 09 minutes 44 seconds West, a distance of 107.64 feet to a found 5/8 inch iron rod for the northwest corner of this tract, said point being identical to the southeast corner of Lot 1, McLain Subdivision; THENCE, North 64 degrees 40 minutes 45 seconds East, a distance of 561.90 feet to a found half inch iron rod with cap for the northeast corner of this tract, said point being identical with the northwest corner of J and D Subdivision Unit 2; THENCE, South 18 degrees 37 minutes 34 seconds East, a distance of 364.15 feet to a found half inch iron rod with cap for the southeast corner of this tract, said point being identical to the southwest corner of J and D Subdivision, Unit 2; THENCE, along the north line of Collins Tract, South 89 degrees 51 minutes 24 seconds West, a distance of 607.09 feet to the point and place of beginning enclosing 3.074 acres of land, more or less. CURRENT ZONE: District "A" (Single Family Dwelling) and District "E" (Light Industrial).

Ms. Few reported that David Gonzales and Terry Harrison own adjacent properties in Section 2, T17S, R9E, NMPM. They plan to combine these properties for the expansion of White's Mobile Home Park. The proposed rezoning will allow the use. The properties are zoned "E" (Light Industrial) District and "A" (Single Family Dwelling) District. The 2000 Comprehensive Plan designates this property to be developed as medium density. 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. The following IFC 2003 Codes will need to met: 503.2.1, 503.2.3, 503.2.5, 508.5 and appendix D. 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 June 20, 2004, in the Alamogordo Daily News, and twenty-one (21) notices were mailed to property owners within the 200 foot legal protest area on June 21, 2004. No protests to the requested rezoning were received. If the rezoning passes, a park plan approval will be required. Approval of the rezoning to District "G-2" (Trailer Court) is recommended.

Mr. Steven Sandoval represented the request and noted that Mr. Gonzales is involved only because he is selling a portion of the lot to Mrs. Harrison. Mr. Sandoval stated that Terry Harrison intends to purchase the 0.124-acre tract add it to the other parcel and use it to expand White’s Mobile Home Park.

Commissioner O’Hara asked if the lots will be for sale, and how many lots will be available? Mr. Sandoval stated that the lots will not be for sale, but rental spaces. He also stated that with the amount of acreage involved, it could be up to twenty-four (24) addition units.

Commissioner Goga made a motion "TO RECOMMEND APPROVAL OF CASE Z-04-0631(A) TO CHANGE THE ZONING TO DISTRICT G-2." Seconded by Commissioner Glahn. All voted "AYE", passing the motion by a vote of 5-0-0.

C. CASE: V-04-0471(A). PETITIONER: Earl Gardner and Mary T. Gardner, owners. REQUEST: Approval of a variance of fifteen feet (15') from Section 29-03-030, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing side yard setbacks; which, if approved, would allow the construction of an attached carport out to the property line at Alaska Avenue, rather than with the fifteen foot (15') setback on the street side of a corner lot required by Code. TOTAL AREA: ±7,076 square feet. LOCATION: 817 Second Street. CURRENT LEGAL: Lot 9 and the 0.5 feet of Lot 8, Block 115-A, Florida Street Subdivision. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that Earl Gardner and Mary T. Gardner own Lot 9 and 0.5 feet of Lot 8, Block 115-A, Florida Street Subdivision. They plan to have an attached carport built on the east side of the property. The property, 817 Second Street, is zoned "A" (Single Family Dwelling) District. The 2000 Comprehensive Plan designates this property to be developed as high density residential. A side yard having a width of not less than fifteen feet (15') is required on the street side of a corner lot. The carport is to be constructed with no side yard setback. Therefore a variance of fifteen feet (15’) has been requested. The application and the plans do not on the size of carport to be constructed. No carport may encroach on the street right-of-way or another person's property. The depth of the carport (east/west) must be reduced to no more than seventeen feet (17'). Additionally, to avoid conflict between backing vehicles and pedestrians, the carport should never be enclosed. 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 June 20, 2004, in the Alamogordo Daily News, and twenty-eight (28) notices were mailed to property owners within the 200 foot legal protest area on June 21, 2004. No protests to the requested variance were received. Approval of the side yard variance is supported with the conditions that the carport size be reduced and that the carport never be enclosed.

Mr. Gardner was available to speak for the request. Mr. Gardner stated that Ms. Few summed up what he wants to do, and he agrees to only build only to the width of the lot. Mr. Gardner provided pictures for the Commission to look at to help in explaining the request. The Planning Commission briefly discussed the variance request and looked at the pictures of Mr. Gardner’s property.

Commissioner O’Hara made a motion "TO RECOMMEND APPROVAL OF CASE V-04-0471(A), PROVIDED THAT THE SIZE OF THE CARPORT COVER BE REDUCED TO A SEVENTEEN FOOT (17’) DEPTH AND NEVER ENCLOSED." Seconded by Commissioner Goga. All voted "AYE", passing the motion by a vote of 5-0-0.

D. Close Public Hearing. Chairman Sanders declared the Public Hearing closed.

5. SUBDIVISIONS.

A. CASE: S-04-0830(A). PETITIONER: Tool Box, LLC, Douglas D. Nelson, President, option holder, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the preliminary plat of PALO DURO SUBDIVISION - MASTER PLAN, for 102 lots; with variances on the construction and installation of alleys and on the dedication of public land; with public access; located outside the City of Alamogordo, but within its planning and platting jurisdiction. TOTAL AREA: ±28.8 acres. LOCATION: East of Hamilton Road and South of Desert Hills Subdivisions. CURRENT LEGAL: A tract of land in the Southwest quarter of Section 6, T17S, R10E, NMPM, described by metes and bounds as follows: Beginning at the West one-quarter corner of said Section 6 and Going South 89 degrees 44 minutes 08 seconds East along the east/west centerline of said Section 6 a distance of 2145.00 feet; thence South 00 degrees 15 minutes 52 seconds West a distance of 605.00 feet; thence North 89 degrees 44 minutes 08 seconds West a distance of 1461.00 feet; thence North 74 degrees 00 minutes 57 seconds Wet a distance of 313.73 feet; thence North 89 degrees 48 minutes 08 seconds West a distance of 382.00 feet; thence North 00 degrees 15 minutes 52 seconds East a distance of 520.00 feet to the said place of beginning, and containing 28.752 acres, more or less. CURRENT ZONE: No zoning, outside the City.

Ms. Few reported that Tool Box, Inc., has the option on approximately 30 acres in Section 6, T17S, R9E, NMPM, south of Desert Hills Subdivision and east of Hamilton road. Development of the property into 102 lots, with annexation to the City, is proposed together with dedication of rights-of-way. Four (4) phases of development are anticipated for the subdivision. The property has no zoning since it is located outside the City of Alamogordo. Upon annexation the property will be zoned for single-family development. The 2000 Comprehensive Plan designates this property 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 will be required. Possible re-design of the street and lot layout, to maximize land use and access (utility & vehicular circulation and safety) yet minimize additional costs to developer, is suggested. Streets widths need to be re-evaluated per new standards (e.g. "Pavement Requirements 3-1" require 42 foot roadway width (back of curb to back of curb) for local access street). All plans and specifications must meet the requirements of the Technical Standards. Show existing (west of Hamilton Road) and proposed (east of Hamilton Road) location of South Scenic Drive and dedicate half of required right-of-way (120 feet wide) with the subdivision. Move north/south cross street to east. Open all north/south streets (maximum 1) to south boundary of subdivision and stub all utilities (for safety and circulation). The width on Hamilton Road needs to conform with the Comprehensive Plan (Comp/Traffic list as "arterial"). Tech Standards 3-5 60' row with 10' sidewalk & utility easement each side (total 80' row). Improvements on Hamilton Road (1/2 section with curb, gutter & sidewalk) with grade correction and Waiver of Protest for Scenic Drive. The developer is requesting a variance to improvement of Hamilton Road in return for installation of a new sewer line. This request is under review by the City. Note corner radius on "corner lots" (interior 25 foot radius, 30 foot radius on Hamilton & Scenic Drive). A new sewer line extension (to and under Highway 54 via Desert Lakes Road from Hamilton Road or south via Scenic Drive) on plat to be installed by developer with an "Agreement to Recoup". Double frontage lots onto Hamilton and onto Scenic Drive must have notations of no driveway access (on plat with street and on plat with "general notes"). A grade conflict with the Holloman water line may exist for culverts. Walking trail is suggested with the drainage easement on the north. 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. 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 developer has agreed to address staff concerns with the final design of the subdivision. If passed, the developer will be bringing forth an annexation to the Planing and Zoning Commission for final plat approval, and will not be considered before the County Planning Commission. Approval of the preliminary plat of PALO DURO SUBDIVISION - MASTER PLAN with the requested variance on the condition that all staff concerns be completely addressed prior to consideration of any final plat by the City.

Ms. Few noted that this is the first subdivision that has come in under the new subdivision regulations. There will be provisions for public land dedication or payment of fees and that is something that will be worked out with dedication for rights-of-way, sewer lines, etc. She also stated that this is going to have some major changes when brought back for final approval.

Mr. Klad Zimmerle of Alamotero Land Surveys represented the request and stated that there are a lot of items that will benefit both the City and the developer on this subdivision. He stated that they have been working with City staff very closely to work out some bugs to make sure everything is ready for the final review. Mr. Zimmerle noted they will be dedicating sixty feet (60’) of the right-of-way for South Scenic to connect with Florida Avenue. This is almost a half-mile of the right-of-way or half of the property. He stated that they will be presenting an annex into the City. They also plan to alleviate some of the sewer and utility problems that have occurred on that end of town. Mr. Zimmerle approached the Commission to help explain the design for utilities, including sewer lines and layout for this subdivision.

Commissioner McCracken made a motion "TO APPROVE CASE S-04-0830(A) THE PRELIMINARY PLAT WITH THE REQUEST FOR VARIANCES AND STAFF CONDITIONS." Commissioner Goga seconded the motion. All voted "AYE", passing the motion by a vote of 5-0-0.

B. CASE: S-04-0831(A). PETITIONER: Desert Sun Real Estate, Ltd. and Adrian Ltd., Co., owners by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the preliminary and final plat of DESERT SUN MOTORS SUBDIVISION, for one (1) lot; with the vacation and abandonment of two (2) easements 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: ±1.711 acres. LOCATION: 2700 N. White Sands Boulevard. CURRENT LEGAL: Two tracts of land in the Southwest quarter Northwest quarter southeast quarter of Section 7, T16S, R10E, NMPM, Alamogordo, Otero County, New Mexico, described by metes and bounds as follows: Starting at the Northeast corner of Block 'E' as shown on the official plat of the "Resubdivision of the Part of Blocks 2 and 3, Lawrence's Addition Lying Eat of U.S. Highway No. 54/70", this plat being filed for record on the 23rd day of October, 1957, Reception No. 9843; thence going South 89 degrees 59 minutes East a distance of 59.06 feet; thence North 00 degrees 20 minutes 30 seconds West parallel to the West boundary line of Lawrence Boulevard Extended, a distance of 60.00 feet to the place of beginning f the tract of land herein described; thence North 00 degrees 20 minutes 30 seconds West a distance of 157.98 feet; thence North 89 degrees 59 minutes West a distance of 469.82 feet; thence South 01 degrees 02 minutes 51 seconds West a distance of 158.00 feet; thence South 89 degrees 59 minutes East a distance of 473.65 feet to the said place of beginning. CURRENT ZONE: District "D" (Business).

Ms. Few reported that Desert Sun Real Estate, Ltd. and Adrian Ltd., Co., owns two (2) tracts of land in Section 7, T16S, R10E, NMPM, within the City of Alamogordo. Approval of the preliminary and final plat of DESERT SUN MOTORS SUBDIVISION for 1.711 acres has been requested. Subject subdivision is for the consolidation of the two tracts into one (1) lot, vacation of certain easements, and dedication of other easements. The property, 2700 N. White Sands Boulevard, is zoned "D" (Business) District. The 2000 Comprehensive Plan designates this property to be developed as commercial and retail. 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 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. The installation of street improvements, in accordance with the "Technical Standards" is required. A variance has been requested by the developer regarding improvements on Twenty-seventh Street. A Waiver of Protest Agreement has been drafted. A radius of at least twenty-five feet (25') will be required on the corner of the lot at the street intersection. The vacation of certain easements and dedication of others is supported. Approval of the preliminary and final plat of DESERT SUN MOTORS SUBDIVISION with the requested variance (on alleys) and the required plat correction is supported by staff.

Mr. Klad Zimmerle of Alamotero Land Surveys stated they are preparing a lot for the construction of a new Toyota building. The dealership will be moving to the north side of the street. They are eliminating the lot lines and there is an easement out front that they are asking to have vacated.

Commissioner Goga made a motion "TO RECOMMEND APPROVAL OF CASE S 04-0831(A) FOR THE PRELIMINARY AND FINAL PLAT WITH REQUESTED VARIANCE ON ALLEYS, THE REQUIRED PLAT CORRECTIONS, AND THE WAIVER OF PROTEST." Seconded by Commissioner Glahn. All voted "AYE", passing the motion by a vote of 5-0-0.

C. CASE: S-04-0832(A). PETITIONER: J. K. & B. Investments, owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the final plat of MOBBS SUBDIVISION, REPLAT B, for three (3) 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: ±2.409 acres. LOCATION: 2221 N. White Sands Boulevard. CURRENT LEGAL: Lot 4A, Mobbs Subdivision, Replat A. CURRENT ZONE: District "D" (Business)

Ms. Few reported that J. K. & B. Investments owns Lot 4A, Mobbs Subdivision, Replat A, within the City of Alamogordo. Approval of the final plat of MOBBS, REPLAT B, SUBDIVISION for 2.409 acres has been requested. Subject subdivision is for the division of the property into three (3) lots. The property is zoned "D" (Business) District. The 2000 Comprehensive Plan designates this property to be developed as commercial and retail. 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. It is recommended that driveways be grouped (on lot lines) to minimize the number of cuts onto White Sands Boulevard. The developer has agreed to this requirement and has offered to establish an access easement across the lots. Approval of the final plat of MOBBS SUBDIVISION REPLAT B, with the requested variance (on alleys) is supported by staff.

Mr. Klad Zimmerle of Alamotero Land Surveys noted that this is a development on North White Sands. He stated that the property has been platted and replatted to allow the purchaser to design the lot that they need with the appropriate square footage and dimensions for their business. Mr. Zimmerle also stated that they would be putting in a joint use ingress/egress easement along the front property line which will be back from the curb approximately twenty-five feet (25’) to allow for parking against White Sands and allow adequate circulation. There will be easements at every-other corner to allow joint use exits to eliminate approximately half of any of the drives onto White Sands.

Chairman Sanders asked if this would allow for someone to drive from the Express Lane to Caliche’s across the front? Mr. Zimmerle answered yes, that the easement will run approximately twenty feet (20’) west of the property line. Mr. Zimmerle approached the Planning Commission to explain the easement and setbacks for the development of the lots.

Commissioner McCracken made a motion "TO RECOMMEND APPROVAL OF CASE S-04-0832(A) FOR THE FINAL PLAT WITH THE REQUESTED VARIANCE ON ALLEYS." Seconded by Commissioner O’Hara. All voted "AYE", passing the motion by a vote of 5-0-0.

6. REPORTS.

A. City Planner.

(1) August Agenda. Ms. Few stated that there is only one item on the August agenda for the Planning Commission.

(2) HAFB Representation. Ms. Few reported a new resolution is in effect for the Holloman Ex-Officio Member allowing Holloman to designate an Ex-Officio to the Planning Commission. Ex-Officio Member, Mark Urey reported that Holloman will be announcing somebody very soon.

(3) Recording Secretary. Ms. Few introduced Ms. Linda Sanderson as a new recording secretary and the Commissioner welcomed her.

(4) Zoning Ordinance Revision. Ms. Few reported that there is a new draft-zoning ordinance that was to go to the City Commission for consideration next week. The City Manager, however, has requested that it be brought before the Planning Commission for Public Hearing and comment. Ms. Few stated that she felt that there should be additional review to make sure that the items are clear. This is the one item scheduled for the August meeting.

(5) Other. Ms. Few stated that the City Commission has requested a work session of its own on the proposed zoning ordinance. Staff wants to give additional comments, and Ms. Few asked the Planning Commission if they would also like to have a work session prior to the public hearing. Another option is to have a copy of it and then they could send comments.

The Planning and Zoning Commission requested to have the copies of the proposed zoning ordinance, and then get back to Ms. Few with whether they would like to meet to discuss the ordinance or just comment.

B. City Attorney. - None.

C. Chairman. - None.

D. Commissioners.

(1) Representative from HAFB. - None.

(2) Representative to County Planning Commission. - None.

(3) General. - None.

7. PERSONS TO BE HEARD. - None.

8. 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 5-0-0. The meeting adjourned at approximately 2:27 p.m.

Approved: September 1, 2004

/s/ Richard M. McCracken, Second Vice-Chairman for

Ginna L. Sanders, Chairman

ATTEST:

/s/ J. Gregory Garcia, Recording Secretary