OCTOBER 6, 2004 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

OCTOBER 6, 2004

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman.

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

Mr. Richard M. McCracken, Second Vice-Chairman

Mr. Michael M. O’Hara, Member

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

MEMBERS ABSENT:

Mr. Mark S. Goga, Member

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Ms. Linda Sanderson, Recording Secretary.

OTHERS PRESENT:

Mr. James Dinsdale; Mr. Matthew McClarin; Mr. James Schneider; Mr. Klad Zimmerle, P.L.S.; Mr. Alfonso Hernandez; and other unidentified persons.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled October 6, 2004, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of four (4) items were to be considered, two (2) 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 October 26, 2004, to render final decisions.

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 4-0-0.

3. MINUTES OF SEPTEMBER 1ST, 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 4-0-0.

4. PUBLIC HEARING.

A. CASE: Z-04-0635(A) CONTINUED FROM 09/01/04. PETITIONER: James Dinsdale and Amy Dinsdale, owners. 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 residential development to include a maximum of thirteen (13) apartments units. TOTAL AREA: ± 27,500 square feet. LOCATION: 1614 and 1616 N. Florida Avenue. CURRENT LEGAL: The South 110 feet of Lot 4, Block 209, Alamo Blocks. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that James Dinsdale and Amy Dinsdale own the South 110 feet of Lot 4, Block 209, Alamo Blocks which contains two (2) detached single family dwellings on the one (1) lot. The proposed rezoning will allow the property to be developed and used for apartments. The property, 1614 and 1616 N. Florida Avenue, is zoned "A" (Single Family Dwelling) District. The requested change will create spot zoning. The proposal is to remodel and connect the two houses on the property and convert them to at least seven (7) efficiency apartments. The size of the property could allow a maximum of thirteen (13) units on the property. The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban). Rezoning to multi-family dwelling will not conform to the master plan. Concern has been noted about additional driveways on Florida Avenue. Should the rezoning be approved, driveways onto Florida Avenue should be limited to a maximum of two (2), as currently exists. The owners indicate that this is agreeable. All requirements of the applicable building and fire codes (e.g. IFC 2003) must be met (with inspections) before any unit is occupied. 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 August 15 and September 19, 2004, in the Alamogordo Daily News, and thirty-one (31) notices were mailed to property owners within the 200 foot legal protest area on August 12 and September 17, 2004. Four (4) protests (plus 1 duplicate) against the requested rezoning were received from the owners of property within the 200 foot legal protest area. One protest from an area resident and two (2) owners outside the legal protest area were also received. The deadline for the receipt of protests by the City Planner is 10:00 a.m. on October 6, 2004.

Mr. James Dinsdale, owner, was present to speak for the petition and submitted two (2) additional drawings to support his case. Commissioner’s O’Hara and Urey asked questions concerning driveway access, parking spaces available, possibilities of landscaping. Mr. Dinsdale noted that there will only be one (1) entrance to the available parking spaces, with some of the parking in the front and some in the back for a total of twelve (12) spaces being provided. He also commented that landscaping and possible storage facilities were being considered in the future.

Ms. Sanders asked if there were any more questions pertaining to the case. No further questions, but Commissioner O’Hara stated to the staff that it would really be hard to ignore the protests to this case, but it would be equally hard to vote against it. Commissioner McCracken concurred with that statement.

Commissioner O’Hara made a motion "TO RECOMMEND APPROVAL OF CASE Z-04-0635(A) TO CHANGE THE ZONING TO DISTRICT "C" (MULTI-FAMILY DWELLING), OR A MORE RESTRICTIVE CLASSIFICATION WHICH, IF APPROVED, WOULD ALLOW THE PROPERTY TO BE USES/DEVELOPED FOR RESIDENTIAL DEVELOPMENT TO INCLUDE A MAXIMUM OF THIRTEEN (13) APARTMENT UNITS. After considerable hesitation, the motion was seconded by Commissioner Glahn. All voted "AYE", passing the motion by a vote of 4-0-0.

B. CASE: V-04-0474(A). PETITIONER: James A. Schneider and Bonnie V. Schneider, owners. REQUEST: Approval of a variance of fifteen feet (15') from Section 29-03-040, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing rear yard setbacks; which, if approved, would allow the construction of an addition five feet (5') from the back (west) property line, rather than the twenty foot (20') setback required by Code. TOTAL AREA: ±6,000 square feet. LOCATION: 509 Boyce Avenue. CURRENT LEGAL: Lot 9, Block 6, Dale Bellamah Addition No. 1. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that James A. Schneider and Bonnie V. Schneider own Lot 9, Block 6, Dale Bellamah Addition No. 1. They want to construct a workshop addition on the northwest corner of their home. The proposed addition (18' x 30') will encroach into the required rear yard setback. The property, 509 Boyce Avenue, is zoned "A" (Single Family Dwelling) District. The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban). A rear yard of not less than twenty feet (20') is required, for the depth of this lot. The addition will have a rear yard setback of five feet (5'). Therefore a variance of fifteen feet (15’) has been requested. At least one (1) accessory building exists in the rear yard (over the easement) that are not shown on the site plan. With the existing improvements, the proposed building addition will inhibit public safety access to the property. 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 September 19, 2004, in the Alamogordo Daily News, and thirty-seven (37) notices were mailed to property owners within the 200 foot legal protest area on September 17, 2004. No protests to the requested variance have been received; however, 10:00 a.m. on October 6, 2004 is the deadline for protests to be submitted to the City’ Planner.

Mr. Schneider was in attendance to speak for the petition. He stated the workshop addition will encroach into the required rear yard setback and will inhibit public safety access to the property.

Chairman Sanders asked if it would be possible to move the existing accessory building to allow the necessary setback for the proposed addition? Mr. Schneider said it would be possible; however the structure is 12’X12’ and houses exotic birds. Commissioner Glahn asked if a smaller addition would be possible or possibly another location could be chosen on the property. He also asked Mr. Schneider if he could provide another drawing with alternative sites for the addition. Mr. Schneider agreed to provide an amended sketch for review.

Commissioner Glahn made a motion "TO RECOMMEND APPROVAL OF CASE V-04-0474(A) TO APPROVE THE REAR YARD VARIANCE WITH THE SUBMISSION OF AN UPDATED DRAWING PROVIDING ALTERNATIVES FOR RELOCATION OF OTHER ACCESSORY BUILDINGS The motion was seconded by Commissioner McCracken. All voted "AYE", passing the motion by a vote of 4-0-0.

C. CLOSE PUBLIC HEARING.

5. SUBDIVISIONS.

A. CASE: S-04-0847(A). PETITIONER: French Brothers, Inc., owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the final plat of WESTERN ACRES, REPLAT C, for fourteen (14) 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: ±4.352 acres. LOCATION: 2304 - 2323 Sierra Vista Court. CURRENT LEGAL: Lot 1-B, Western Acres, Replat B. CURRENT ZONE: District "D" (Business).

Ms. Few reported that French Brother, Inc., owns Lot 1-B, Western Acres, Replat B, within the City of Alamogordo. Approval of the final plat of WESTERN ACRES, REPLAT C, for fourteen (14) lots has been requested. Subject subdivision will re-divide the property for sale of individual lots. The property, 2304 - 2323 Sierra Vista Court, is zoned "D" (Business) District. The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban. The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance. An Avigation Easement limiting vertical development to not more than fifty feet (50') above ground level was executed in 2002. Clarification of the street name is required. It was changed to "Sierra Vista Court" in early 2004, but appears as "Short Cut Court" on the plat. The street name must be corrected or clarified provided prior to the plat being released for filing. Through alleys, having a width of twenty feet (20'), are required in each block. The subdivision was originally approved without alleys. Continuation of the variance on the requirement of alleys is appropriate. Public land, at a maximum of five percent (5%) of the total area of the subdivision, exclusive of streets and alleys, is required to be dedicated to the City of Alamogordo No land is included on the plat for public land dedication to the City of Alamogordo. A variance to the public land dedication requirement was approved with the original subdivision. A 0.706 acre developed, private park is provided. The installation of street and utility improvements, in accordance with the "Technical Standards" is required. All improvements are in place.

Mr. Tom French was available for comment on behalf of the petition to approve the final plat of Western Acres, Replat C. This approval will allow the lot lines to be put back to the original location.

Commissioner O’Hara asked if all of the properties/structures look alike. Mr. French commented that is the marketing plan. In a lot of larger cities, uniformity sells property.

Commissioner Glahn made a motion "TO RECOMMEND APPROVAL OF CASE S-04-0847(A) APPROVAL OF FINAL PLAT OF WESTERN ACRES, REPLAT C, WITH THE REQUESTED VARIANCES (ON ALLEYS AND ON PUBLIC LAND DEDICATION) WITH CORRECTION/CLARIFICATION OF THE STREET NAME. The motion was seconded by Commissioner McCracken. All voted "AYE", passing the motion by a vote of 4-0-0.

B. CASE: S-04-0848(A). PETITIONER: Otero County Hospital Association and the City of Alamogordo, owners, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the final plat of LOMAS DEL SOL, UNIT NO. 1, REPLAT F, for seven (7) lots; with variances on the construction and installation of alleys; with all utilities, paved streets, and private and public access; located within the City of Alamogordo. TOTAL AREA: ±59.430 acres. LOCATION: 2669 N. Scenic Drive. CURRENT LEGAL: Lots 4E and 5E, Lomas del Sol Addition, Unit No. 1, Replat E. CURRENT ZONE: District "D" (Business).

Ms. Few reported that the Otero County Hospital Association and the City of Alamogordo own Lots 4E and Lot 5E, Lomas del Sol Addition, Unit 1, Replat E, within the City of Alamogordo. Approval of the final plat of LOMAS DEL SOL, UNIT 1, REPLAT F, for seven (7) lots is requested. Primarily, the new plat will establish additional lot divisions and dedicate easements and rights-of-way. The property is zoned "D" (Business) District. The 2000 Comprehensive Plan designates this property to be developed as commercial 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 previous plats of this property. Continuation of the variance is appropriate. The name and right-of-way width of each street or other right-of-way or easement on or adjacent to the tract are required on the plat. Street names are required on the plat for both public and private streets (access easements) to include Medical Center Drive, Champion Way (west easement), Fairgrounds Road (north easement), Twenty-fifth Street (southern most easement), and the new dedicated east-west access from Scenic Drive. Addresses for each lot will be provided upon receipt of street names and are required on the plat prior to filing. Dedication of a fifty-foot (50') access easement for Twenty-fifth Street (to connect with the dedication to the west) is required. Extension of the access easement to the west is required on the plat. 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. The design, data and calculations certified by a registered engineer are required to be provided and approved by staff prior to consideration of the subdivision by the City Commission. Corners for lots at all roadway intersections must be rounded to a radius of at least twenty-five feet (25') on Lots 1F, 2F, 5F, 6F, and 7F. The plat must be correct to included the rounded corners. 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 installation of street improvements and utilities, in accordance with the "Technical Standards" is required. No plans or profiles were provided with the subdivision application for either public or private roadways or any utility. These plans must be submitted and approved by the City prior to final approval of the subdivision. General concerns of Engineering are noted: • The new access drive to North Scenic Drive, to be dedicated to the City as a public street, must be constructed to city standards. Please refer to the section and typical used for the other public street within the development. • The profile grade of the above referenced access drive should show that when the ultimate section on North Scenic is built (4-lanes with a median) the approach grade does not exceed 2% for a minimum of 50 feet from the back of the west curb line. One hundred feet of approach grade at 2% is recommended. The ultimate section to be used for North Scenic Drive is the same as the existing section in front of NMSU-A. • Pedestrian walking paths adjacent to the existing roadway is needed. Construction of sidewalks along Scenic Drive is needed along with access for pedestrians to the interior of the site (per ADA guidelines). • The plan for the new storm sewer must include maintenance access manhole(s) and eliminate any angle points. • The relationship of the existing sanitary sewer line and the proposed box culvert needs to be established and approved by the City. The east-west drainage easement from Lot 6F (labeled "30'' drainage easement") must be re-labeled to show the correct width and continued to the west (across at least Lot 2F and Lot 4F) for connection to the north-south channel. The additional easement is required on the plat prior to release for filing. The 35 foot easement on the east side of Lots 6F and 7F must be labeled for use The easement label is required on the plat prior to release for filing. Reidlinger Subdivision, to the southeast, must be labeled on the plat together with Lots 1E, 2E, & 3E of Lomas del Sol, Unit 1, Replat E. The plat must reflect these additions prior to filing. 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 will be drafted for the completion of improvements. STAFF RECOMMENDATION: Continue the final plat of LOMAS DEL SOL, UNIT 1, REPLAT F, pending receipt and approval of the technical details and plat corrections.

Mr. Klad Zimmerle of Alamotero Land Surveys and Mr. Al Hernandez from Gerald Champion Regional Medical Center were present to represent the petition for approval of the final plat of LOMAS DEL SOL, UNIT 1, REPLAT F which primarily will establish additional lot divisions and dedicate easements and rights-of-way.

Mr. Zimmerle stated that another drainage report will be forthcoming.

Mr. Hernandez noted that roadways and underground utilities are being installed. Commissioner O’Hara asked if sidewalks and walking paths are in the plans and being constructed? Mr. Hernandez remarked they are in the plans and work will be done upon completion of the plat. This will alleviate the need to tear them up and redo them should more construction be necessary.

Commissioner O’Hara made a motion "TO RECOMMEND APPROVAL OF CASE S-04-0848(A) TO CONTINUE THE FINAL PLAT OF LOMAS DEL SOL, UNIT 1, REPLAT F, PENDING RECEIPT AND APPROVAL OF THE TECHNICAL DETAILS AND PLAT CORRECTION. The motion was seconded by Commissioner McCracken. All voted "AYE", passing the motion by a vote of 4-0-0.

6. REPORTS.

A. City Planner.

(1) November Agenda – The next Planning & Zoning meeting will be held on November 3, 2004 with two (2) items to be heard.

(2) Annual Report - Ms. Few asked the members of the Commission for input on the annual report to the City Commission.

(3) Expiration of Terms – Commissioners terms to expire are Commissioners Urey, Glahn, McCracken, and O’Hara. Commissioners McCracken and O’Hara agreed to accept reappointment with Commissioners Urey and Glahn undecided at this point.

(4) Other Business – Ms. Few noted that a comprehensive plan training session will be held the first (1st) and third (3rd) Tuesday of December.

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 O’Hara. All voted "AYE", passing the motion by a vote of 4-0-0. The meeting adjourned at approximately 2:25 p.m.

Approved: November 3, 2004

/s/ Ginna L. Sanders

Ginna L. Sanders, Chairman

ATTEST:

/s/ Linda M. Sanderson

Linda M. Sanderson, Recording Secretary