November 3, 2004 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

November 3, 2004

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman.

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

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

MEMBERS ABSENT:

Mr. Michael O’Hara, Member.

Mr. Mark S. Goga, Member.

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

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Ms. Linda Sanderson, Recording Secretary.

OTHERS PRESENT:

Mr. Harlo J. Dynek; Mrs. Frances Tharp for Mr. Harold Tharp; Mr. Clyde Avery; Mr. Eddie Livingston, P.E.; Mr. Klad Zimmerle, P.L.S.; and other unidentified persons.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled November 3, 2004, meeting to order at approximately 1:35 p.m. Chairman Sanders noted that a total of two (2) items were to be considered. Recommendations to the City Commission are to be made by the Planning and Zoning Commission for approval or denial of the utility easement. The City Commission will consider the requests at its meeting of November 23, 2004, to render final decision.

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

3. MINUTES OF OCTOBER 6, 2004 REGULAR MEETING. Commissioner Glahn made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner McCracken. All voted "AYE", approving the motion by a vote of 3-0-0.

SUBDIVISIONS.

CASE: S-04-0854(A). PETITIONER: Harlo J. Dynek, Ben James Boldt, Grace United Gregory Tharp Family Trust, owners, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the preliminary plat of COUNTRY Methodist Church Endowment Foundation, and the Regina CLUB ESTATES, REPLAT A, for 178 lots; with variances from Section 22-01-140(b)(1) relating to drainage plans; with public access, and public utilities; located outside the City of Alamogordo, but within its planning and platting jurisdiction. TOTAL AREA: ±40.24 acres. LOCATION: S. Florida Avenue. CURRENT LEGAL: County Club Estates, Otero County, New Mexico, save and except Lots 7, 8, 27 and 41. CURRENT ZONE: No zoning, outside the City.

Ms. Few reported that Harlo J. Dynek, Ben James Boldt, Grace United Methodist Church Endowment Foundation, and the Regina Gregory Tharp Family Trust own a subdivision platted in 1968 west of and adjacent to South Florida Avenue, but never developed. Replatting of the property for 178 lots is proposed, together with dedication of rights-of-way, vacation of alleys, and elimination of lot frontage onto Florida Avenue. Annexation to the City is under discussion. IN REVIEWING THE APPLICATION STAFF FINDS: The property has no zoning since it is located outside the City of Alamogordo. Upon annexation the property will be District "A" (Single Family Dwelling). The 2000 Comprehensive Plan designates this property 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 will be required. 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. Approval of a variance to the alley requirement is supported with the provision that sufficient access to be provided to drainage channel for maintenance and that such channels be stabilized to prevent erosion and damage to abutting fences. Public land is required to be dedicated to the City of Alamogordo or the payment of fees. The developer proposes to use the re-dedication of existing drainage channels to fulfill the requirement of public land dedication. It was the staff's understanding from meetings in June and July that the developer would be paying fees in lieu of new dedication. This issue must be clarified prior to consideration of the final plat. 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. Plans for all required improvements (to include but not limited to water, sewer, streets, drainage channels, channel crossings, etc.) are needed for review and approval prior to consideration of any final plat. Also see attached detailed comments from engineer Dean Hunt, PE. The lack of a drainage plan may allow the subdivision to be developed with inadequate drainage and restrict public safety access due to flooding. A drainage plan must be submitted for final plat approval. Restrictions will be required on the final plat(s) and on the deed(s) prohibiting curb/driveway cuts onto Florida Avenue from any abutting lot. 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. Without annexation of the property to the City, subdivision approval by the County is required. Approval the preliminary plat design of COUNTRY CLUB ESTATES, REPLAT A, is supported with on the condition that all staff concerns (to include requested variances) be completely addressed for the entire development (40 acres) prior to consideration of any final plat by the City.

Mr. Dynek, representing the Tharp family, expressed his appreciation to the Commissioners for their consideration of Country Club Estates, Replat A. This area will be developed in three (3) phases and will have traffic flow coming from South Florida Avenue. He feels this area will be good for the future growth and safety of the citizens. The owners of Lots 7, 8, 27 and 41 have not participated in the subdivision to this point. However, if the preliminary plat is approved, they will be contacted again and some type of agreement will be reached. These four (4) lots are located in the final phase, so construction will not be delayed. The structures proposed will be approximately 1500 square feet. and $130,000 price range.

Commissioner McCracken expressed concerns for increased traffic in the South Florida area. Mr. Klad Zimmerle of Alamotero Land Surveys showed the commissioners the traffic pattern being proposed. Mr. Dynek also stated that if Lots 7 and 8 don’t participate, that area could be considered for the purpose of a cul-de-sac. He further commented this replat would include a ditch crossing to the West.

Commissioner Glahn made a motion "TO RECOMMEND APPROVAL OF CASE S-04-0854(A) APPROVAL OF PRELIMINARY PLAT DESIGN OF COUNTRY CLUB ESTATES, REPLAT A, WITH THE CONDITION THAT ALL STAFF CONCERNS BE RESOLVED". The motion was seconded by Commissioner McCracken. All voted "AYE", passing the motion by a vote of 3-0-0.

5. MISCELLANEOUS.

CASE: M-04-0315(A). PETITIONER: City of Alamogordo, owner, by Public Service Company of New Mexico, applicant. REQUEST: Approval of a thirty foot (30') utility easement for extension of a natural gas line. TOTAL AREA: ±1.1308 acre. LOCATION: 2800 Hamilton Road. CURRENT LEGAL: A 30-foot utility easement in the South half Northeast quarter of Section 12, T17S, R9E, NMPM, lying 15 feet on each side of the following described centerline: Starting at the Southeast corner of said South half Northeast quarter and going North 00 degrees 07 minutes 30 seconds West along the East line of said South half Northeast quarter a distance of 644.06 feet; thence South 88 degrees 23 minutes 42 seconds West a distance of 30.01 feet to the place of beginning of the herein described easement; thence South 88 degrees 23 minutes 42 seconds West along said centerline a distance of 1641.93 feet to the East right-of-way line of the Union Pacific Railroad right-of-way and the end of said centerline. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that the City of Alamogordo owns the Desert Lakes Golf Course on Hamilton Road. The Public Service Company of New Mexico wants to continue its gas line west across the golf course to connect to US Hwy 54 at Wright Avenue. The proposed easement will allow better service to the citizens of the community by providing a looped system. The property is zoned "A" (Single Family Dwelling) District. The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban). The proposed easement will expand the use of an existing utility easement to allow PNM to extend its natural gas line. Approval of the utility easement is recommended.

Commissioner McCracken made a motion "TO RECOMMEND APPROVAL OF CASE S-04-0315(A) FOR A THIRTY FOOT (30’) UTILITY EASEMENT". Commissioner Glahn seconded the motion. All voted "AYE" , approving the motion by a vote of 3-0-0.

6. REPORTS.

A. City Planner.

(1) The December 1, 2004 Planning and Zoning meeting will consist of two (2) Public Hearing cases, one (1) rezoning case and one (1) variance case.

(2) Commissioners Glahn, McCracken, O’Hara and Urey have all agreed to accept reappointment for another term.

(3) The 2005 Meeting Schedule was presented for action. Commissioner McCracken made a motion "TO APPROVE" THE 2005 MEETING SCHEDULE AS PRESENTED". Commissioner Glahn seconded. All voted "AYE", passing the motion by a vote of 3-0-0.

(4) There will be two (2) Training Sessions ON THE Comprehensive Plan, (December 7 and December 21, 2004). Each session will be held approximately 30 minutes prior to the City Commission meetings. The PZC is invited and encouraged to attend.

B. CHAIRMAN - None.

C. COMMISSION - None.

7. PERSONS TO BE HEARD - None.

8. ADJOURNMENT - There being no further business to come before the Commission, Commissioner McCracken 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 1:55 p.m.

Approved: December 1, 2004

/s/ Ginna L. Sanders, Chairman

ATTEST:

/s/ Linda M. Sanderson, Recording Secretary