February 2, 2005 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

February 2, 2005

MEMBERS PRESENT: Ms. Ginna L. Sanders, Chairman.

Mr. Mark S. Goga, Second Vice-Chairman.

Mr. Richard M. McCracken, Member.

Mr. Michael M. O'Hara, Member.

Ms. Sharon Gardiner, Member.

Mr. Sam Sandoval, HAFB, Ex-Officio Member.

Mr. Andrew "J.R." Gomolak, HAFB, Proxy Member.

MEMBERS ABSENT: None.

STAFF PRESENT: Ms. Sharon L. Few, City Planner.

Ms. Linda Sanderson, Recording Secretary.

OTHERS PRESENT: Mr. Klad Zimmerle, P.L.S., Alamotero Land Surveys; Mr. Doug Nelson; and other unidentified persons.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled February 2, 2005, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of four (4) items were to be considered, one (1) under Public Hearing. Recommendations to the City Commission are to be made by the Planning and Zoning Commission for approval or denial of the requests. The City Commission will consider these requests at its meeting of February 22, 2005 to render final decisions.

2. APPROVAL OF AGENDA. Commissioner Goga made a motion "TO APPROVE THE AGENDA, AS WRITTEN". Seconded by Commissioner McCracken. All voted "AYE", passing the motion by a vote of 5-0-0.

3. MINUTES OF JANUARY 5TH, 2005 REGULAR MEETING. Commissioner Goga made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner McCracken. All voted "AYE", approving the motion by a vote of 5-0-0.

4. PUBLIC HEARING.

A. CASE V-05-0476(A). PETITIONER: Tool Box, LLC, owner. REQUEST: Approval of variances from Section 29-03-250, of the Code of Ordinances of the City of Alamogordo, New Mexico, as follows: (1) a front setback variance of five feet (5'), which if approved, would allow a front yard of twenty feet (20'), rather than the twenty-five foot (25'') front yard setback required by Code; and (2) a rear setback variance of ten feet (10'), which if approved, would allow a rear yard of ten feet (10'), rather than the twenty foot (20'') rear yard setback required by Code. TOTAL AREA: ±2.134 acres. LOCATION: 830 through 990 Sierra Verde. CURRENT LEGAL: Lots 33 through 41, Hermosa El Sol Subdivision. CURRENT ZONE: District "C" (Multi-family Dwelling)

Ms. Few reported that Tool Box LLC owns Lots 33 through 41, Hermosa El Sol Subdivision (approved January 27, 2004) which is located east of S. Florida Avenue. Multi-family dwelling units are planned. The property, 830 through 990 Sierra Verde, is zoned "C" (Multi-family Dwelling) District. The 2000 Comprehensive Plan designates this property to be developed as high density residential. A front yard of not less than twenty-five feet (25') is required. The developer has requested that the front setbacks on these properties be reduced to allow a front yard of twenty feet (20'). Therefore a variance of five feet (5') has been requested. The reduced setback increases the potential for conflict between pedestrians and vehicles. Similar variances have been granted only for residences with side-entrance garages. This variance can only be supported with the conditions that adequate off-street parking be provided and that the potential conflicts between pedestrians and vehicles (parking and the backing) be minimized. A rear yard of twenty feet (20') is required for the depth of these lots. A rear yard only ten feet (10'') deep is planned. Therefore a variance of ten feet (10') has been requested. This is a new subdivision which received a variance to eliminate alleys from the subdivision. Public Safety noted that reducing the rear setback is not recommended because: (a) Fire fighting operations are negatively impacted when rear yard setbacks are reduced (i.e. firefighter access to the rear of the structure, rescue from the rear of the structure, access to the roof for ventilation, etc.), and (b) With no alleys, a block/rock wall separating the back-to-back properties, a multi-family dwelling and a reduced rear setback to ten feet, public safety operations in the rear of these structures has the potential to become extremely hazardous. 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. The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance, Chapter 4, Article 4-07, of the Code of Ordinances of the City of Alamogordo, New Mexico. An Avigation Easement limiting vertical development is in effect on the property. 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 January 16, 2005, in the Alamogordo Daily News, and 43 notices were mailed to property owners within the 200 foot legal protest area on January 14, 2005. No protests to the requested variance have been received; however, 10:00 a.m. on February 2, 2005 is the deadline for protests to be submitted to the City’ Planner. Approval of the five foot (5') front yard setback variance with the requirements that adequate off-street parking be provided and that potential conflicts between pedestrians and vehicles (parking and the backing) be minimized and deny the requested rear yard setback variance is recommended.

Mr. Doug Nelson, Toolbox, LLC, owner, asked to have the case tabled until next month since he had only received his packet the previous day and had not had time to meet with Joe Bailey at Public Safety regarding their concerns mentioned above.

Ms. Few advised him that additional cost of re-notification would be incurred. He said he would pay that cost.

No further discussion occurred on this case.

Commissioner O’Hara made a motion "TO TABLE CASE V-05-0476(A) UNTIL THE NEXT REGULAR SCHEDULED COMMISSION MEETING. Commissioner Goga seconded the motion. All voted "AYE", passing the motion by a vote of 5-0-0.

C. CLOSE PUBLIC HEARING.

5. SUBDIVISIONS.

A. CASE: S-05-0864(A). Tool Box, LLC, Douglas D. Nelson, President, option holder, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the final plat of PALO DURO SUBDIVISION UNIT 1, for 68 lots; with a variance on the construction and installation of alleys; with public access and all utilities; located inside the City of Alamogordo. TOTAL AREA: ±20.086 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 Northwest corner of said Southwest quarter and going South 89 degrees 44 minutes 08 seconds East along the North line of said Southwest quarter a distance of 2200.00 feet; thence South 00 degrees 15 minutes 52 seconds West a distance of 665.00 feet; thence North 89 degrees 44 minutes 08 seconds West a distance of 1423.16 feet; thence along the arc of a curve to the right whose central angle is 14 degrees 41 minutes 08 seconds and whose radius is 500.00 feet an arc distance of 128.16 feet; thence North 75 degrees 03 minutes 00 seconds Wet a distance of 208.96 feet; thence along the arc of a curve to the left whose central angle is 15 degrees 04 minutes 31 seconds and whose radius is 500.00 feet an arc distance of 131.56 feet; thence South 89 degrees 52 minutes 29 seconds West a distance of 313.84 feet; thence North 00 degrees 07 minutes 31 seconds West a distance of 581.52 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that Tool Box, Inc., owns approximately 20 acres in Section 6, T17S, R9E, NMPM, south of Desert Hills Subdivision and east of Hamilton road. The property is zoned "A (Single Family Dwelling) District. The 2000 Comprehensive Plan designates this property to be developed as low density residential. The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance. An Avigation Easement limiting vertical development was executed with the subdivision and remains in effect. No street names shall be used which will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the planning commission.

a) The following street names are approved for use within the subdivision:

Bosque = forest,

Cereza = cherry,

Madera = wood, and

Palo Duro = hard wood.

b) Suffixes need to be chosen by the developer to accompany the name or suffixes will be assigned by staff.

c) A separate name needs to be selected for either the north/south section of the street labeled "Bosque" or the east/west section.

d) The street labeled "South Scenic Drive" must be changed to "Dr. Martin Luther King Drive" (per Resolution 2005-3).

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, and were included with the preliminary plat of this development. Public Safety has requested that alleys be included in the subdivision. The name and right-of-way width of each street or other right-of-way on or adjacent to the tract are required on the plat.

a) The full right-of-way width of Florida Avenue needs to be shown on the plat.

b) During review and approval of the preliminary plat, the location of Scenic Drive (now named Dr. Martin Luther King Drive) west of Hamilton Road, was required to be shown on the final plat. It is not shown.

These deficiencies must be corrected prior to the plat being considered by the City Commission. Addresses for each lot are required on the plat. Addresses for each lot will be provided to the consulting engineer under separate cover and are required on the plat prior to filing. A drainage report is required. The 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. Public land may be provided by the developer. A 0.304 acre park area is proposed (Lot 63) by the developer. The installation of street improvements, in accordance with the "Technical Standards" is required. Street plans were not received in time for review to be completed prior to the meeting.

  1. A corner radius is needed on Lot 63 at the corner of Hamilton and Dr. King.
  2. A temporary north/south connection to Dr. King is needed (per preliminary plat approval) near Lot 48.
  3. The question was raised as to why there would be no improvement to Hamilton Road, by the developer?
  4. Additionally, is the 20 foot drainage easement, adjacent to Hamilton Road, part of the right-of-way?

In addition to evaluation of the street plans by staff, the plat deficiencies noted above must be correct and questions answered. The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required. Utility plans were not received in time for review to be completed prior to the meeting. The sub-divider 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. The subdivision name must be amended to denote "Unit 1" or a similar designation. As utility and street plans have not been evaluated and approved, continued consideration of the final plat of PALO DURO SUBDIVISION, UNIT 1, is recommended.

Klad Zimmerle, Alamotero Land Surveys spoke on behalf of the owner. He stated that Mr. Nelson wants to continue this project moving forward. They should have the final engineered drawings by Friday, February 04, 2005 or Monday, February 7, 2005. That will give staff approximately seventeen days to review them prior to the commission meeting. There is an agreement for the developer to improve sewer conditions by installing a trunk line from intersection of Desert Lakes and Hamilton to tie in to main sewer line at HWY 54S. This will split the entire Tierra de Suenos/ Desert Hills sewer system and allow both additional expansions without overloading the sewer. With regard to the twenty foot (20’) drainage easement, it was patterned after what was required at Sedona with the S. Florida extension. It is an additional 20’ drainage easement outside of the right-of-way. If it needs to be included in the right-of-way, we don’t have a problem with that. We are sorry the engineer did not have the plans here in time for the staff to review, but we do feel that there will be adequate time for review before the City Commission meeting on February 22, 2005.

Ms. Few stated that three (3) departments have stated to me there was a major concern that there had been a major change in the layout of the subdivision from the preliminary plan. The recommendation for continuance came from Public Works, engineer Dean Hunt, and Public Safety. They had not been involved in a meeting with some of the staff, and they did not have the engineering. I am only the messenger. There is a very large agenda for next month and everyone is going to be pushed to the limit with prior scheduling conflicts and meetings to get everything reviewed before the next meeting.

 

Mr. Nelson added we did have a preliminary plan review with city staff off of the original plans. One of their concerns was for fire safety issues with regard to the block length. I addressed that by cutting the block in half. Another concern, alleys, was addressed. I told them I couldn’t give the right-of-way extension to Martin Luther King, and have alleys on the property, without splitting the subdivision. They understood that at that time. I am upset that the plans were not here, from our engineer, in time to be reviewed. I have a lot of money tied up in this and I thought these issues had already been resolved from the original plans. We did provide everything except for the road profiles and grading. Those are on the drawings that will be here by the first of next week. I feel we have met the requirements for the zoning and conditions of the property, general layout and other issues that the staff has asked for. In December, Dean Hunt was out of the office for 2 weeks. Christmas and New Year’s holidays resulted in a lot of people being unavailable at various times. I had some concerns about things that I wanted to be done right. I met with Sharon and Brian and they agreed the best thing to do was to pull the case from the agenda. At that time we made some changes to the drainage, addressed the ponding issue, and looked at some alignment changes. That was all worked out with city staff. My engineer failed to get those changes to staff in time for this meeting. The general layout of the subdivision, other than those changes, has not changed.

Mr. Zimmerle explained that if we could sit down with everyone from the departments, the first of next week, we would be able to resolve everything in time for the City Commission meeting at the end of the month. We are willing to work with you.

 

Discussion among the commissioners followed. Chairman Sanders noted that we have passed many subdivisions thinking that issues could be resolved prior to commission meetings. Are these issues so large that they could not be resolved in time? Ms. Few explained that we are talking about a major sewer line off site that has to be reviewed and evaluated. We are talking about the internal utilities and streets. Evidently these issues are strong enough for other departments to say we don’t have the plans. This was submitted in December for the January meeting but everything was pulled, the plat was resubmitted but without the engineering, for this meeting. We just got that and there was no time for everyone to review. Commissioner O’Hara asked if it is feasible to do this the way he (Mr. Nelson) has requested. If the staff has a full plate right now, putting something else on there isn’t going to make this go through. Speaking to Mr. Nelson he also noted that there is now a time element involved since your architect did not get drawings here in time for this meeting. I don’t think it should be the city work load that suffers as a result of your failure to provide necessary information. Commissioner McCracken commented that the changes don’t look major, but I’m not an engineer so I can’t say if they are or not. Commissioner O’Hara asked are we dealing mostly with engineering issues. Chairman Sanders asked if this is postponed will this go on the top of the review pile and take priority over other items they are considering. Ms. Few said it would go in the pile. Commissioner McCracken asked if we approve this with city’s concerns being met and it doesn’t meet standards prior to the City Commission meeting, what kind of position does that put us in?

Ms. Few stated that public safety had concerns regarding fire protection; we don’t have a drainage report yet. We just don’t have enough answers to our questions without more time to review everything. The City Commission would have to act on a case without recommendation of approval and if the developer does not agree to a time extension it could put the city in a position to deny a subdivision to keep from automatic approval.

Mr. Zimmerle and Mr. Nelson agreed they would agree to an extension at that time. We are not going to force the City Commission to make a decision, but we will have the information to the staff next week for review and approval before the meeting. Mr. Nelson further commented since staff and other departments were not available for most of the month of December and we could not get this reviewed, I just feel like it is time to get an answer.

Commissioner O’Hara reminded Mr. Nelson, what it really comes down to is that your engineer did not come through with the stuff for this case to be adequately heard today. It’s not a problem of staff taking time off, but your engineer not getting the material back to them. I would not be opposed to sending this to City Commission, if staff reviewed and approved it prior to that time. We have already been warned that next month is going to be a large agenda and there may not be time for staff to get this through the review channels.

Mr. Nelson stated if city staff can not make a recommendation to the City Commissioner at their next meeting, I don’t have a problem tabling or asking for extension of the matter at the City Commission meeting if concerns are not met.

 

Commissioner McCracken made a motion "TO APPROVE CASE S-05-0864(A) APPROVAL OF FINAL PLAT OF PALO DURO SUBDIVISION, UNIT 1, WITH THE CONDITION THAT ALL REPORTS WILL BE IN AND CITY STAFF CONCERNS BE MET BY NOON ON FEBRUARY 16, 2005. Commissioner O’Hara seconded the motion. The motion passed by a vote of 4-1-0, with Commissioner Goga dissenting. Case will be heard at the regular City Commission meeting to be held on Tuesday, February 22, 2005.

B. CASE: S-04-0862(A). PETITIONER: Synergy Insurance, Ltd., owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the final plat of TAYS HEIGHTS ADDITION, UNIT 15- A, REPLAT B, for two (2) lots; with variances on the dedication of public land, and from Section 22-01-140(b)(1) relating to drainage plans; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±6.246 acres. LOCATION: 2102, 2132 and 2162 Cornell Avenue. CURRENT LEGAL: Lots 1A, 2A and 3A, Tays Heights Addition, Unit 15-A, Replat A. CURRENT ZONE: District "D" (Business).

Ms. Few reported Synergy Insurance, Ltd., owns Lots 1A, 2A, and 3A, Tays Heights Addition, Unit 15-A, Replat A, within the City of Alamogordo. Approval of the final plat of TAYS HEIGHTS ADDITION UNIT 15-A, REPLAT B, for the development of three (3) lots has been requested. The property is zoned "D" (Business) District. The 2000 Comprehensive Plan designates this property to be developed as high density residential and offices. 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. A drainage report sealed by a professional engineer, registered in the State of New Mexico, is required. The drainage report will be provided with the building permit. 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. The following is a summary of the acreage due the City for dedication:

  • A variance to the public land dedication requirement has been requested on the application.
  • Utilities and street improvements are in place.
  • Sidewalks need to be installed.

Approval of the final plat of TAYS HEIGHTS ADDITION UNIT 15-A, REPLAT B, with the requested variances (on alleys and on public land dedication) is supported by staff.

Klad Zimmerle, Alamotero Land Surveys was present to speak for the owner. This development is being done by Synergy Insurance. Summary procedures are a one-time good thing. Their first thoughts were to provide some mid size lots, but with the development he has planned, he needs almost 3 acres for it. Temporary designs are out now; final plans are being finished and will move forward very rapidly for this large medical office building.

No questions or discussion were received from the commissioners.

Commissioner O’Hara made a motion "TO APPROVE CASE S-04-0862(A) Approval of the final plat of TAYS HEIGHTS ADDITION, UNIT 15- A, REPLAT B, for two (2) lots with variances on the dedication of public land, and from Section 22-01-140(b)(1) relating to drainage plans; with all utilities, paved streets and public access. Commissioner McCracken seconded the motion. All voted "AYE", passing the motion by a vote of 5-0-0. This case will be heard at the City Commission meeting on February 22, 2005.

6. MISCELLANEOUS.

A. CASE: M-04-0321(A). PETITIONER: City of Alamogordo, applicant. REQUEST: Approval of an ordinance amending Chapter 29, of the Code of Ordinances of the City of Alamogordo, New Mexico, relating to zoning district classifications and residential uses.

Ms. Few reported this item was continued from the January 5th meeting. The Planning and Zoning Commission requested staff to draft wording to allow single family dwelling units within the "neighborhood business" zoning district and to review the residential uses allowed in other districts. Attached is draft for discussion. The district classifications have also been amended to reflect those proposed with the re-write of the zoning ordinance. Staff recommends approval of the changes in the district designations and forwards the other changes to the revision committee. Reference Pgs. 3 & 4 Article 29-01-030, Pg. 7 Article 29-02-010.

Commissioner O’Hara voiced opposition to the terminology concerning "trailer’. That sounds so old. The wording needs to be brought up to the current standards. One recommendation was changing it to manufactured housing unit. That met with approval from everyone. Discussion followed on the definition for trailer camp. Chapter 25 is a cross reference to trailer camps which sets standards for mobile home parks, RV parks, mfg. housing and RV business’ that can be put in the city.

Chairman Sanders indicated she thought there needed to be a little wiggle room prohibiting veterinary hospitals in D2 neighborhood business district. Ms. Few noted that a veterinarian clinic may not be limited to your basic poodle or Persian cat. They can also have horses and goats and cows, lions and tigers and bears—Oh My!! The issue might be the distinction of "inside" or "outside" as a neighborhood business. This might be something to forward to the committee to look at.

Ms. Few also stated the only things that I was directed by the planning commission to address were the residential uses. Upper management thought that doing too much tweaking to the individual districts, without having the other district changes in place, may create a lot more work and not accomplish what you are trying to do. I recommend on veterinary clinics, that you specifically note your concerns and send them to the committee.

 

Commissioners Gardiner and O’Hara made a motion "TO APPROVE CASE M-04-0321(A). Approval of an ordinance relating to zoning district classifications and residential uses and terminology "trailer " to manufactured housing unit and forward to committee that animal hospital for small animal practice be allowed in neighborhood district. Commissioner Goga seconded the motion. All voted "AYE", passing the motion by a vote of 5-0-0.

7. REPORTS.

A. City Planner.

(1) Agenda-March 2, 2005 will be a large agenda.

(2) Election of officers

a.) Chairman--Commissioner McCracken nominated Ms. Sanders for Chairman. The motion was seconded by Commissioner Goga. All voted "AYE" passing the motion by a vote of 5-0-0.

b.) 1st Vice Chairman—Chairman Sanders nominated Commissioner McCracken for 1st Vice Chairman. The motion was seconded by Commissioner Goga. All voted "AYE" passing the motion by a vote of 5-0-0.

c.) 2nd Vice Chairman--Commissioner O’Hara nominated Commissioner Goga for 2nd Vice Chairman. The motion was seconded by Commissioner Gardiner. All voted "AYE" passing the motion by a vote of 5-0-0.

(3) Training session with the City Commission--Ms. Few expressed her appreciation for everyone who attended and their participation.

B. Chairman.

  • Chairman Sanders expressed her gratitude to Ex-Officio (HAFB) Sandoval for accepting the position with the commissioners.

C. Commissioners.

  1. Ex-Officio Sandoval commented he found the work the commission did to be very interesting and hoped he would be able to contribute another view on some of the cases during the year.
  2. Commissioner McCracken declined nomination to the County Planning Commission. Commissioner proxy J.R. Gomolak accepted nomination to the County Planning Commission.

8. PERSONS TO BE HEARD - None.

9. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Goga made a motion "TO ADJOURN". It was seconded by Commissioner McCracken. All voted "AYE", passing the motion by a vote of 5-0-0. The meeting was adjourned at approximately 3:00 p.m.

 

Approved: (date)

/s/ Ginna L. Sanders

Ginna L. Sanders, Chairman

ATTEST:

/s/ Linda Sanderson

Linda Sanderson, Recording Secretary