September 1, 2004 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

September 1, 2004

MEMBERS PRESENT:

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.

MEMBERS ABSENT:

Ms. Ginna L. Sanders, Chairman.

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

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. Patrick Vandergriff, Building and Zoning Manager.

Mr. J. Gregory Garcia, Recording Secretary.

Ms. Linda Sanderson, Recording Secretary.

OTHERS PRESENT:

Ms. Dorothy Auld; Ms. Jacqueline LaBarre; Mr. & Mrs. Jerry McComas; Mr. & Mrs. Kenneth Pearce; Mr. Wayne Scott; Mr. Richard Boss; Mr. Charles Durrett; Mr. Klad Zimmerle; Mr. Richard C. Osborne; Mr. Matthew McClarin; Mr. James Dinsdale; Mr. Larry Algard; Mr. James French; and other unidentified persons.

1. CALL TO ORDER. Acting Chairman McCracken called the regularly scheduled September 1, 2004, meeting to order at approximately 1:30 p.m. Acting Chairman McCracken noted that a total of ten (10) items were to be considered, seven (7) 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 September 28, 2004, to render final decisions.

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

3. MINUTES OF JULY 7th and AUGUST 4th , 2004, REGULAR MEETINGS. Commissioner O’Hara made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner Goga. All voted "AYE", approving the motion by a vote of 4-0-0.

4. PUBLIC HEARING.

A. CASE: V-04-0472(A). PETITIONER: Richard A. Boss and Kimberly S. Boss, owners. REQUEST: Approval of a variance of four feet (4') 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 unenclosed awning/porch cover one foot (1') from the north side property line, rather than the five foot (5') side yard setback required by Code. TOTAL AREA: ±11,266 square feet. LOCATION: 405 Sunshine Avenue. CURRENT LEGAL: Lot 290, Sunrise Heights, Unit 9. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that the property, 405 Sunshine 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 side yard on each side of the one-story portions of buildings having a width of not less than five feet (5') is required. The cover is to be constructed with a side yard setback of one foot (1'). Therefore a variance of four feet (4') has been requested. 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. Concern is noted that the structure may in the future be enclosed and create an access and/or fire hazard. 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 August 14, 2004, in the Alamogordo Daily News, and thirty-four (34) notices were mailed to property owners within the 200 foot legal protest area on August 12, 2004. Of the thirty-four (34) notices, two (2) protests were received representing 9.9%of the legal protest area. As the structure is to be metal with gutters, approval of the four foot (4') side yard variance is supported with the condition that the cover never be enclosed and remain open on three (3) sides.

Mr. Richard Boss, property owner, was available to speak for the petition. He stated that the proposed structure would be used only as a carport for his personal vehicles. The structure will be built to code specifications.

Commissioner Goga asked Mr. Boss if he had a problem with the City’s position for the structure to remain open on three (3) sides? Mr. Boss stated he did not have a problem with this since the structure was only to be used for protection from the elements.

Commissioner Goga made a motion "TO RECOMMEND APPROVAL OF CASE Z-04-0472(A) WITH REQUESTED VARIANCES AND STAFF RECOMMENDATIONS." Seconded by Commissioner O’Hara. All voted "AYE", passing the motion by a vote of 4-0-0.

B. CASE: Z-04-0633(A). PETITIONER: Kenneth Pearce and Norma Pearce, owners, by Dorothy Auld, 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 a four-plex dwelling unit. TOTAL AREA: ± 11,250 square feet. LOCATION: 1312 N. New York Avenue. CURRENT LEGAL: Lot 5 and the South half of Lot 6, Block 58, Alamo Blocks. CURRENT ZONE: District "B" (Two-family Dwelling).

Ms. Few reported that the property, 1312 N. New York Avenue, is zoned "B" (Two Family Dwelling) District. The structure was converted into four (4) dwelling units, some time ago, without benefit of City approval. The rezoning will legitimize the current use. The 2000 Comprehensive Plan designates this property to be developed as high density residential and offices. The proposed rezoning will create a "spot" of "C" zoning within a "B" District, but the change will conform to the master plan. There was a fire at this residence in December 2003. At that time, the structure did not meet code requirements for electrical service. 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, 2004, in the Alamogordo Daily News, and seventeen (17) notices were mailed to property owners within the 200 foot legal protest area on August 12, 2004, One (1) protest has been received representing 51% of the legal protest area. Staff recommends approval of the rezoning with the condition that the zoning be limited to a maximum of four (4) attached dwelling units and that all structures on the property comply with the applicable building and fire codes.

Mr. Kenneth Pearce, owner, represented the petition. Mr. Pearce stated the structure, originally built in 1905 was converted to a tri-plex in the late 50’s or early 60’s, then converted to a 4-plex in the late 70’s.The building was reconstructed in early 2004 after a fire damaged one (1) of the units. The building was put back into operation as a 4-plex in May 2004 after repairing fire damage to one unit. Electric and city gas code up-grades were made for all apartments during the reconstruction phase. Other safety and living condition improvements were also completed at that time. Mr. Pearce also stated we have owned the property for the past 9 years and been complimented many times about the way we have kept the property maintained.

Commissioner O’Hara asked Mr. Pearce if he wished to sell the property at this time. Mr. Pearce stated that they have had the property on the market for quite some time. The current zoning is making it harder to sell since it is zoned as a duplex and it is currently a 4-plex. Commissioner O’Hara then asked if these 4 units have been rented all the time? Mr. Pearce stated that until the fire in December 2003, all units had always been rented. Commissioner O’Hara asked again about the past use of the building. Mr. Pearce stated the property had always been used for either tri-plex or 4-plex housing there is no past record of it ever being a duplex.

Mr. Charles Durrett, Attorney for the LeBarre family spoke on their behalf protesting the rezoning of the property. He stated, one of the reasons the LeBarre family has purchased all of the adjacent property is to preserve the neighborhood as a Class "B" family residential area. Mr. Durrett stated if the zoning is changed, the possibility of other types of businesses moving into the area is not acceptable to the LaBarre family. Ms. Few stated that this would be a conditional rezoning limited to 4 units for residential housing.

Commissioner O’Hara asked Mr. Durrett if the conditional limited rezoning would be acceptable to the LaBarre family. Mr. Durrett agreed on behalf of his client, that it would be acceptable with that condition. Ms. Few noted that reversal of protests must be made in writing.

Ms. Dorothy Auld, agent, spoke on behalf on the Pearce family, stating they are aware that this is historic property and they are not looking to change from the type of property that is currently there. They are only trying to protect their investment.

Commissioner Goga made a motion "TO RECOMMEND APPROVAL OF CASE Z-04-0633(A) TO CHANGE THE ZONING TO DISTRICT "C" WITH THE CONDITION THAT THE ZONING BE LIMITED TO THE 4 ATTACHED DWELLING UNITS AND THAT ALL THE STRUCTURES COMPLY WITH THE APPLICABLE BUILDING AND FIRE CODES." Seconded by Commissioner O’Hara. All voted "AYE", passing the motion by a vote of 4-0-0.

C. CASE: V-04-0473(A). PETITIONER: Richard E. Osborne and Patsey A. Osborne; owners. REQUEST: Approval of a variance of seven feet (7') 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 patio to be extended eight feet (8') with a resulting rear yard setback of seventeen feet (17'), rather than the twenty-four foot (24') rear yard setback required by Code. TOTAL AREA: ±9,600 square feet. LOCATION: 2505 Jeane Court. CURRENT LEGAL: Lot 3, Block 5, Eastridge Subdivision. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that the property, 2505 Jeane Court, 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 setback is required of thirty feet (30') or 20 percent (20%) of the lot depth, whichever is less. The proposed patio cover will extend eight feet (8') to the north. The resulting rear yard setback will be seventeen feet (17') deep, rather than the twenty-four foot (24') rear yard setback required by Code. Therefore, a variance of seven feet (7’) has been requested. 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. Concern has been noted that for fire and access safety the patio should never be enclosed. 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 August 15, 2004, in the Alamogordo Daily News, and twenty-eight (28) notices were mailed to property owners within the 200 foot legal protest area on August 12, 2004. No protests to the requested variance have been received. Staff supports approval of the seven foot (7') rear yard setback variance with the condition that the patio remain open on three (3) sides and never be enclosed.

Mr. Richard Osborne, owner, reported that the purpose of this request is to extend the existing roof to conform to the existing gable to provide shade for his home and patio. They like to sit outdoors and not be in the sun.

Commissioner Goga asked if there was ever a possibility that the area would be enclosed? Mr. Osborne replied no, he just wanted the shade.

Commissioner Goga made a motion "TO RECOMMEND APPROVAL OF CASE Z-04-0473(A) CONCERNING VARIANCE OF SEVEN FEET (7’) FOR REAR YARD SET BACK WITH THE CONDITION THAT IT NEVER BE ENCLOSED." Seconded by Commissioner O’Hara. All voted "AYE", passing the motion by a vote of 4-0-0.

D. CASE: Z-04-0634(A). PETITIONER: Tool Belt Ltd. Partnership, owner, by Klad Zimmerle, P. L. S., agent. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "E" (Light Industrial), or a more restrictive classification; which, if approved, would allow the property to be used/developed for retail and commercial sales and industrial uses, to include the manufacture and assembly of roof trusses. TOTAL AREA: ± 4.906 acres. LOCATION: 1600 E. First Street. CURRENT LEGAL: Lot 1, First Street Subdivision. CURRENT ZONE: District "D" (Business).

Ms. Few reported that the property, 1600 E. First Street, is zoned "D" (Business) District. The requested rezoning will be spot zoning. The 2000 Comprehensive Plan designates this property to be developed as commercial and retail. The request will not conform to the master plan. 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, 2004, in the Alamogordo Daily News, and seven (7) notices were mailed to property owners within the 200 foot legal protest area on August 10, 2004. No protests to the requested rezoning have been received. Staff recommends approval of the rezoning with the condition that the zoning be limited to commercial retail activities and to the manufacture of roof trusses.

Mr. Klad Zimmerle represented the owners. He noted that this will be primarily an addition to the existing business. The owners have no problems with the conditions being proposed by staff.

Commissioner Goga asked Ms. Few if the zoning would automatically revert back to the original, if this operation ceased. Ms. Few replied it would not automatically revert back to the "D" zoning. It would have to go before the Planning and Zoning Commission again to be rezoned.

Commissioner Goga made a motion "TO RECOMMEND APPROVAL OF CASE Z-04-0634(A) TO CHANGE THE ZONING TO DISTRICT "E" LIGHT INDUSTRIAL WITH THE CONDITION THAT THE ZONING BE LIMITED TO COMMERCIAL RETAIL AND TO THE MANUFACTURE OF ROOF TRUSSES." Seconded by Commissioner O’Hara. All voted "AYE", passing the motion by a vote of 4-0-0.

E. CASE: Z-04-0635(A). 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 seven (7) efficiency apartments. 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 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 join the two houses on the property and convert them to 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). 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, 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, 2004. Of the thirty-one (31) notices, four (4) protests were received, representing 17.6% of the legal protest area. Staff recommends denial of the rezoning to District "C" (Multi-family Dwelling).

Mr. James Dinsdale, owner, was available to speak for the petition. He will remodel the two existing vacant residences, bringing them up to code. He has contacted Southwest Disposal about garbage service that will be small curbside containers that can be enclosed and kept off of the street and driveway. There will be no other driveways; parking will be in the front and the back of the units. There will be no parking on the street. Within 500’ there are ten (10) other duplexes, thus this is not a single-family area.

Commissioner Goga asked how long Mr. Dinsdale had owned the property and about the remodeling. Mr. Dinsdale stated that he had owned the property approximately three (3) years and will be remodeling those structures. There are two (2) houses on one (1) lot. The requested units will not encroach on his personal residence on Catalina nor the common area behind that adjoins the petition address.

Mr. Dinsdale asked, if this was denied, how many residences could be appealed to put on this location? Ms. Few stated that the Planning Commission makes a recommendation to the City Commission which makes the final determination. Without rezoning, this could continue to be occupied as single family per building.

Commissioner O’Hara asked the staff how the duplexes down the street were zoned? Ms. Few indicated that The Full House Children’s Center is a non-profit day care facility, Zone "C", other zones were not available for this meeting.

Commissioner O’Hara made a motion "IN THE OF CASE Z-04-0635(A). TO TABLE AND CONTINUE AT NEXT MEETING UNTIL WE CAN GET MORE INFORMATION" Seconded by Commissioner Goga. All voted "AYE", passing the motion by a vote of 4-0-0.

Ms. Few asked for specific information besides the area zoning. Commissioner Goga asked for other "C" zoning in that neighborhood and spot zoning information so the Commission could make a more informed decision. Ms. Few said she would have this information available for the next meeting on October 6, 2004. All protests will remain.

F. CASE: SP-04-0109(A). PETITIONER: Billy Weiman and Alice Weiman, owners, by Wayne Scott, agent/applicant. REQUEST: Approval of a twenty (20) year special land use permit, pursuant to Section 29-05-040 of the Code of Ordinances of the City of Alamogordo, New Mexico; which, if approved, would allow the operation of a "micro-brewery" in a zoning district from which it is otherwise prohibited. TOTAL AREA ±18,328 square feet. LOCATION: 1004 N. White Sands Boulevard. CURRENT LEGAL: Lots 1 through 4, Block 50, Alamo Blocks. CURRENT ZONE: District "D" (Business).

Ms. Few reported that the property, 1004 N. White Sands Boulevard, is zoned "D" (Business) District. The zoning allows restaurants and package stores, but, does not specifically allow for any "production" such as a microbrewery. The 2000 Comprehensive Plan designates this property to be developed as commercial and retail. The city commission may, by special land use permit and upon such conditions and time limits as it may consider reasonable and necessary, authorize the location of buildings or uses in any district from which they are otherwise prohibited by this Code. As noted previously the zoning of the property does not appear to allow use of the property for any type of brewery. Therefore a special land use permit has been requested. A special land use permit may be issued only after notice of the time, place and purpose of a hearing by the planning and zoning commission on the issuance of the permit has been published, at least fifteen (15) days before the meeting, in a newspaper of general circulation and sent by first class mail to all property owners of record within two hundred (200’) feet, excluding public right-of-way, of the property for which the permit is sought. Notice of the time, place and purpose of the public hearing was advertised August 15, 2004, in the Alamogordo Daily News, and twenty-six (26) notices were mailed to property owners within the 200 foot legal protest area on August 12, 2004. No protests to request permit have been received. Citations on this building were issued by the Fire Department in early 2004. To date, there is no confirmation that the building yet meets Code. All requirements of the applicable building and fire codes (e.g. IFC 2003) must be met (with inspections) before any unit is occupied. The planning and zoning commission shall forward its recommendation to the city commission within thirty (30) days, but if it fails to render its report within thirty (30) days, it shall be deemed to have approved the permit. The city commission shall determine whether issuance of the special land use permit will be detrimental to surrounding properties and may issue the permit only on a finding of no detriment. Staff recommends approval of the special land use permit for a micro-brewery with the condition that requirements of the applicable building and fire codes (e.g. IFC 2003) be met (with inspections) before the permit is issued. NOTE: Other special land use permits for a micro brewery/brew pub, approved by the City Commission, included the following conditions in the approval: 1) that production capacity not exceed 7 BBL, 2) that either a beer and wine license or a dispensers license from the State of New Mexico be maintained with the brew pub operation, and 3) that the brewery by-products be approved by the Public Works Department prior to discharge into the City's sanitary sewer system.

Mr. Wayne Scott asked for approval to allow business to continue as it is.

Commissioner O’Hara asked if production would be greater that 600,000 gallons per year? Mr. Scott stated he would not.

Commissioner O’Hara made a motion "TO RECOMMEND APPROVAL OF CASE Z-04-0109(A) SPECIAL LAND USE PERMIT FOR MICRO-BREWERY WITH THE CONDITION THAT REQUIREMENTS OF THE APPLICABLE BUILDING AND FIRE CODES BE MET BEFORE THE PERMIT IS ISSUED AND THE SIGNATURES OF THE OWNERS APPEAR ON THE APPLICATION BEFORE IT GOES TO THE CITY COMMISSION." Seconded by Commissioner Goga. All voted "AYE", passing the motion by a vote of 4-0-0.

G. CASE: M-04-0313(A). PETITIONER: City of Alamogordo, applicant. REQUEST: Approval of an ordinance amending Section 29-04-060, of the Code of Ordinances of the City of Alamogordo, New Mexico, relating to porches and carports.

Ms. Few reported that the City is experiencing a large number of problems with the portable carports that have gained popularity in the area. Currently at least a half dozen supplier of these types of carports operate in the City. Under the current ordinance, variances are usually required to allow the carports. The proposed ordinance eliminates the need for those variances. A concern has been noted that a draft of the proposed ordinance did not specifically protect the rights-of-way for the City. Wording was added to prohibit encroachment by any structure or overhang onto City right-of-way. Staff recommends approval of the proposed ordinance amendment.

General discussion among the commissioners followed.

Commissioner Goga made a motion "TO RECOMMEND APPROVAL OF CASE M-04-0313(A)." Seconded by Commissioner O’Hara. All voted "AYE", passing the motion by a vote of 4-0-0.

H. Close Public Hearing Acting Chairman McCracken declared the Public Hearing closed.

5. SUBDIVISIONS.

A. CASE: S-04-0838(A). PETITIONER: Donald L. Burton and Barbara J. Burton, owners, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the preliminary and final plat of LA LUZ CROSSROADS SUBDIVISION, for twenty-three (23) 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, sidewalk, and paving), on the dedication of public land, and from Section 22-01-140(b)(1) relating to drainage plans; with public access, private wells, and septic tank systems; located outside the City of Alamogordo, but within its planning and platting jurisdiction. TOTAL AREA: ±67.686 acres. LOCATION: Gravel Pit at Laborcita Canyon Roads. CURRENT LEGAL:A tract of land in the South half Northeast quarter of Section 26, T15S, R10E, NMPM, described by metes and bounds as follows: Starting at the Northeast corner of said Section 26 and going South 01 degrees 17 minutes 03 seconds West along the East line of said Section 26 a distance of 1294.91 feet to the place of beginning of the tract of land herein described; thence continuing South 01 degrees 17 minutes 03 seconds West a distance of 1131.12 feet; thence North 89 degrees 40 minutes 06 seconds West a distance of 2670.97 feet; thence North 00 degrees 05 minutes 34 seconds East a distance of 1166.17 feet; thence South 88 degrees 55 minutes 12 seconds East a distance of 2695.13 feet to the said place of beginning, and containing 70.745 acres more or less. SAVE AND EXCEPT A TRACT OF LAND IN THE SOUTH HALF NORTHEAST QUARTER OF SECTION 26, T15S, R10E, NMPM, DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Starting at the center one-quarter corner of said Section 26 and going North 00 degrees 05 minutes 34 seconds East along the North/South centerline of said Section 26 a distance of 213.14 feet; thence South 89 degrees 40 minutes 06 seconds East a distance of 319.20 feet; to the place of beginning of the tract of land herein described; thence continuing South 89 degrees 40 minutes 06 seconds East a distance of 944.90 feet; thence North 61 degrees 41 minutes 41 seconds West a distance of 462.22 feet; thence North 76 degrees 41 minutes 52 seconds West a distance of 185.71 feet; thence South 54 degrees 19 minutes 34 seconds West a distance of 439.72 feet to the said place of beginning, and containing 3.059 acres, more or less. CURRENT ZONE: No zoning, outside the City.

Ms. Few stated that Donald and Barbara Burton are proposing to subdivide the land into twenty-three (23) lots, all in excess of one (1) acre. They plan to dedicate all rights-of-way to the County. There is no zoning as the land is in the County. There are no alleys and public land dedication is not proposed. Utilities will conform to state requirements. Development of all roads will conform to the County requirements. Subdivision is under consideration by the County Planning Commission and is doing okay.

Klad Zimmerle of Alamotero Land Surveys represented the request and stated that this is actually legitimizing all of the rights-of-way that have been crossing this property. They are giving sixty feet (60’) of right-of-way to all the main roads to the County so it can be maintained. It is currently in the State Review for comments; the thirty (30)-day limit for comments has almost expired. It will go to County Planning at that time.

Commissioner Goga made a motion "TO RECOMMEND APPROVAL OF CASE S-04-0838(A), THE PRELIMINARY AND FINAL PLAT AS SUBMITTED." Seconded by Commissioner O’Hara. All voted "AYE", passing the motion by a vote of 4-0-0.

B. CASE: S-04-0839(A) PETITIONER: Tierra de Suenos, Inc., owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the preliminary and final plat of LOS ALTURAS SUBDIVISION, for thirty-seven (37) 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: ±6.899 acres. LOCATION: 2500 and 2600 E. Tenth Street. CURRENT LEGAL: Tract C and Tract D, Dale Bellamah Addition, Unit No. 4-C, Replat A of Lot 3, Block 14. CURRENT ZONE: District "A-1" (Townhouse).

Ms. Few stated this property is located on Tenth Street, west of Scenic. The property was recently rezoned to "A-1" townhouse District; this will conform to the master plan. Interior streets should be noted with suffix for Loop, Court, etc. No alleys are proposed and variance is supported. The entryway medians are to remain in the ownership of the homeowners association and a notation prohibiting any curb cuts or driveways onto Tenth Street, Bellamah Drive or Bonnell Drive is required. An amended plat has been received. The proposed park will be under the homeowners association and will be private. It will be watered with well water. An improvement contract has been drafted and the staff is supporting approval of the subdivision.

Mr. Jim French of French Industries answered questions regarding the proposed park and the security of that area. That issue is still under review.

Commissioner Goga made a motion "TO RECOMMEND APPROVAL OF CASE S-04-0839(A), THE PRELIMINARY AND FINAL PLAT AS SUBMITTED". Seconded by Commissioner O’Hara. All voted "AYE", passing the motion by a vote of 4-0-0.

6. MISCELLANEOUS.

CASE: A-04-0062(A) PETITIONER: Tool Box, Inc., Juan Najera, Santiago Najera, and Lupe Najera Trujillo, owners, by Klad Zimmerle, P. L. S., agent. REQUEST: Approval of an ordinance consenting to the annexation of a tract of land in the South half of Section 6, T17S, R10E, NMPM, contiguous to the boundaries of the City of Alamogordo. TOTAL AREA: ±157.030. acres. LOCATION: South Hamilton Road. CURRENT LEGAL: A tract of land in the South half of Section 6, T17S, R10E, NMPM, being more particularly described as follows: Beginning at the Northwest corner of said South half and going South 89 degrees 44 minutes 08 seconds Eat along the North line of said South half a distance of 2643.57 feet; thence South 89 degrees 40 minutes 30 seconds East a distance of 2655.95 feet; thence South 00 degrees 06 minutes 16 seconds East a distance of 1261.85 feet; thence North 89 degrees 40 minutes 30 seconds West a distance of 2657.21 feet; thence South 00 degrees 02 minutes 50 seconds East a distance of 56.27 feet; thence North 89 degrees 48 minutes 55 seconds West a distance of 2641.76 feet; thence North 00 degrees 07 minutes 31 seconds West a distance of 1321.79 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling) upon annexation.

Ms. Few stated the heirs of the Najera Estate and Toolbox Inc. request annexation of property and are leveraging adjacent BLM land. It is currently not zoned and will come in as single family. It will conform to the master plan.

Klad Zimmerle stated the property is adjacent to Desert Hills. The claim of exemption has been approved, but the actual land transaction has not happened yet. The annexation was originally for 80 acres, but the City has requested that we increase by tagging on some adjacent BLM land. This will be important to the City for park land, right-of-way for Scenic Drive extension.

Commissioner Goga asked if any of the proposed annexation area was currently BLM. Klad said almost 49% is BLM. Commissioners looked at plat available. Then Commissioner Goga noted that residents with backyards bordering BLM were under the impression that there never would be any houses built behind their property. Mr. Zimmerle noted those residents on Sedona border BLM, but residents on Desert Hills Drive border private property.

Commissioner Goga made a motion "TO RECOMMEND APPROVAL OF CASE A-04-0062(A), REQUESTED ANNEXATION." Seconded by Commissioner O’Hara. All voted "AYE", passing the motion by a vote of 4-0-0.

7. REPORTS.

A. City Planner - October Agenda – October 6, 2004, Ms. Few stated that at this time there is only one (1) item on the October agenda and it is carried over from today.

B. CHAIRMAN - None.

C. COMMISSION – Commissioner Goga asked Ms. Few about visibility obstructions at two (2) corners here in Alamogordo—College/Aspen and 10th /McKinley. Mr. Vandergriff stated they would check on these issues. Another area that is a cause for concern is the "trash yards". A volunteer force has been helping and that has not been going well either. Low staffing has made it almost impossible to keep up with anything. Mr. Vandergriff also recognized the efforts of Greg Garcia, Administrative and Recording Secretary on the excellent job he does in maintaining the telephones and customer service for Community Development.

8. PERSONS TO BE HEARD - None.

9. ADJOURNMENT - There being no further business to come before the Commission, Commissioner O’Hara made a motion "TO ADJOURN". Seconded by Commissioner Goga. All voted "AYE", passing the motion by a vote of 4-0-0. The meeting adjourned at approximately 3:10 p.m.

Approved: October 6, 2004

/s/ Ginna L. Sanders, Chairman

ATTEST:

/s/ Linda M. Sanderson, Recording Secretary