April 6, 2005 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

April 6, 2005

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman.

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

Mr. Michael M. O'Hara, Member.

Ms. Sharon Gardiner, Member.

Mr. Sam Sandoval, HAFB Ex-officio Member.

Mr. "JR" Gomolak, HAFB Proxy.

MEMBERS ABSENT:

Mr. Richard M. McCracken, Member.

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Ms. Linda Sanderson, Recording Secretary.

OTHERS PRESENT:

Mr. Rafe Jones, Mrs. Carolyn Jones, Mr. Joe Bailey, Mr. Klad Zimmerle, Mr. Jim Cummings, Mr. Tom French, Mrs. Claudia Fike, Mr. William Pattison, Mrs. Mary Price; and other unidentified persons.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled April 6, 2005 meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of six (6) items were to be considered, four (4) 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 April 26, 2005 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 3-0-0.

3. MINUTES OF MARCH 2ND, 2005 REGULAR MEETING, COMMISSIONER GOGA made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner O’Hara. All voted "AYE", approving the motion by a vote of 3-0-0.

4. PUBLIC HEARING.

A. CASE: Z-05-0639(A). PETITIONER: Rafe Jones and Carolyn Jones, owners. REQUEST: Approval of an ordinance to amend the official zoning map and the adopted comprehensive plan of the City of Alamogordo to change the zoning to District "D" (Business), or a more restrictive classification; which, if approved, would allow the property to be used/developed for allowed business uses, to include retail business or professional offices. TOTAL AREA: ± 14,200 square feet. LOCATION: 1021 Cuba Avenue. CURRENT LEGAL: South 2 feet of Lot 12, and Lot 13 and 14, Block 105, Alamo Blocks. CURRENT ZONE: District "A" (Single Family Zoning). Ms. Few reported Rafe Jones and Carolyn Jones own the South 2 feet of Lot 12, and Lots 13 and 14, Block 105, Alamo Blocks. The proposed rezoning will allow the property to be developed and used for commercial businesses and offices, to include dog grooming. The property, 1021 Cuba Avenue, is zoned District "R-1" (Single Family Dwelling). Although "C-3" zoning exists on the east side of Cuba Avenue, across from the subject property, the zoning on either side is District "C-1". The 2000 Comprehensive Plan designates this property to be developed as high density residential and offices. Zoning to the more restrictive classification of "C-1" would allow the uses as proposed on the application and provide a buffer between the "R-4" zoning to the west and the "C-3" zoning to the east. 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 March 20, 2005, in the Alamogordo Daily News, and nineteen (19) notices were mailed to property owners within the 200 foot legal protest area on March 18, 2005. No protests to the requested rezoning have been received; however, the deadline for the receipt of protests by the City Planner is 10:00 a.m. on April 6, 2005. As the property comprises all or part of three (3) lots, it is recommended that replatting be accomplished to consolidate the land into one (1) lot. Note that a building with a slab encroaches on the property from the south and the applicant's fence encroaches on the property to the north. Approval of the rezoning to the more restrictive District "C-1" (Neighborhood Business), with the condition that replatting of the property to consolidate the land into one (1) lot be completed within six (6) months of rezoning.

Carolyn Jones was available to represent the case. There is a shortage of small commercial properties. This is a prime area for business. It is in a high traffic area and there is ample parking available. Commissioner Goga asked if this was going to be a dog grooming salon or what type of business was being considered? Mrs. Jones stated she did not know where the idea of dog grooming came from. The intent was to use this as professional type office space or small retail. The commission asked Mrs. Jones if she would have a problem replatting the land into one (1) lot. She stated she did not have a problem with doing that. The commissioners had no further questions.

Commissioner Goga made a motion "TO RECOMMEND APPROVAL OF CASE Z-05-0639(A) rezoning to the more restrictive District "C-1" (Neighborhood Business), with the condition that replatting of the property to consolidate the land into one (1) lot be completed within six (6) months of rezoning. Commissioner O’Hara seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0. This case will be heard at the City Commission meeting on April 26, 2005.

B. CASE: Z-05-0640(A). PETITIONER: Carole J. Hughes, Thomas H. Torian and Elizabeth Sue Torian, owners, by James W. Cunningham, applicant. REQUEST: Approval of an ordinance to amend the official zoning map and the adopted comprehensive plan of the City of Alamogordo to 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 commercial and retail purposes, to include an automobile restoration and repair shop. TOTAL AREA: ± 2.6 acres. LOCATION: 2791 Airport Road. CURRENT LEGAL: Tract in the South half Northwest quarter of Section 11, T17S, R9E, NMPM. CURRENT ZONE: Conditional District "D" (Business) for only storage units. Ms. Few reported Carole J. Hughes, Thomas H. Torian and Elizabeth Sue Torian own 2.6 acres of land in Section 11, T17S, R9E, NMPM. The proposed rezoning will allow the property to be used/developed for commercial and retail purposes, to include an automobile restoration and repair shop. The property, 2791 Airport Road, is zoned conditional District "C-3" (Business), for storage units only. The requested zoning will be "spot zoning" but will be consistent with the surrounding area (manufacturing and commercial). Residential uses are not allowed within the requested zone district. The 2000 Comprehensive Plan designates this property to be developed as commercial and retail. 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 from 1987 is in effect. The level of improvements abutting this property does not meet the city's standards. A waiver of protest agreement from 1987 is in effect. If vehicle painting will be conducted, the proposed facility must comply with all applicable Code requirements. "Auto restoration shop" almost necessarily includes a junkyard and this property is close to residentially zoned property. Therefore, as a condition of this zone change, a requirement for screening should be included with any approval. Such screening could be for a six foot (6') high masonry wall around any portion of the property on which automobiles, parts, or other items will be stored outside or coincide with the requirements for fencing of outdoor automotive storage. 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 March 20, 2005, in the Alamogordo Daily News, and seven (7) notices were mailed to property owners within the 200 foot legal protest area on March 18, 2005. No protests to the requested rezoning have been received; however, the deadline for the receipt of protests by the City Planner is 10:00 a.m. on April 6, 2005. Approval of the rezoning to District "M-1" (Light Industrial), with fencing requirements, is recommended.

Commissioner O’Hara addressed the commissioners stating he lives within the 200 foot legal protest area and received a letter pertaining to this case. Although he did not submit a letter of protest, he would be willing to abstain from voting on this case, if the commission so desired. Chairman Sanders stated that commission had been apprised of his position, and the decision was his to make.

Mr. Jim Cummings and Mr. Tom Torian were available to represent the case. Mr. Cummings stated, upon reviewing the memo provided by Pat Vandergriff concerning the Code of Ordinance for Outdoor Storage and Fence or Walls, he would withdraw his proposal for the outdoor storage portion of this application. The commissioners had no questions.

Commissioner Goga made a motion "TO RECOMMEND APPROVAL OF CASE Z-05-0640(A) rezoning to District "M-1" (Light Industrial), with no outside storage. Commissioner Gardner seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0. This case will be heard at the City Commission meeting on April 26, 2005.

C. CASE: Z-05-0641(A). PETITIONER: Claudia A. Fike, owner. REQUEST: Approval of an ordinance to amend the official zoning map and the adopted comprehensive plan of the City of Alamogordo to change the zoning to District "D" (Business), or a more restrictive classification; which, if approved, would allow the property to be used/developed for retail business, to include a tea room and a single family dwelling unit. TOTAL AREA: ± 11,250 square feet. LOCATION: 1209 Michigan Avenue. CURRENT LEGAL: Lot 17 and south half Lot 16, Block 59, Alamo Blocks. CURRENT ZONE: District "B" (Two Family Dwelling). Ms. Few reported Claudia A. Fike owns Lot 17 and the South Half Lot 16, Block 59, Alamo Blocks. The proposed rezoning will allow the property to be used/developed for retail business, to include a tea room and a single family dwelling unit. The property, 1209 Michigan Avenue, is zoned District "R-3" (Two Family Dwelling). Although "C-3" zoning exists on the west side of the alley, behind the property, the zoning on the south side is District "C-1". The 2000 Comprehensive Plan designates this property to be developed as high density residential and offices. Zoning to the more restrictive classification of "C-1" would allow the uses as proposed on the application and continue the transition between the "R-3" zoning to the north and the "C-3" zoning to the west and south. As the property comprises all or part of two (2) lots, it is recommended that replatting be accomplished to consolidate the land into one (1) lot. 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 March 20, 2005, in the Alamogordo Daily News, and thirty-four (34) notices were mailed to property owners within the 200 foot legal protest area on March 18, 2005. No protests to the requested rezoning have been received; however, the deadline for the receipt of protests by the City Planner is 10:00 a.m. on April 6, 2005. Note that the building's electrical system must meet all applicable Code requirements for a retail business. Any cooking operations for the "tea room" must meet all applicable Code requirements for commercial cooking. Additionally, the building will need to meet all applicable Code requirements for commercial use. Approval of the rezoning to the more restrictive District "C-1" (Neighborhood Business), with the condition that replatting of the property to consolidate the land into one (1) lot be completed within six (6) months of rezoning.

Mrs. Claudia Fike was available to answer questions. Commissioner O’Hara asked if any inspections of the electrical have been completed. Mrs. Fike noted bought property in 2001 and restored it to its original condition which included $200,000 worth of electrical, plumbing, heating and cooling, roofing, flooring, walls. It passed all residential inspections at that time. I have no idea what the commercial standards are. I am willing to bring everything up to code and pass all inspections. Chairman Sanders reminded Mrs. Fike that all improvements would have to be brought up to commercial standard prior to opening for business.

Mrs. Mary Price spoke in protest of the rezoning. Her concerns were the parking problems that currently exist and the additional amount of traffic and increase in parking problems in the future. Also, the property currently has a "for sale" sign and she is concerned about the types of future business that could be there if the property is sold.

Commissioner Gardiner asked how many parking spaces were available at the present time. Mrs. Fike stated that currently there are four (4) parking spaces across the front on the street and the driveway will accommodate five (5) vehicles, although that would not be handy if you were parked at the front of the line and needed to leave first. Mrs. Fike stated she only plans to open for business from 11:00 a.m. until 2:00 p.m., two (2) days a week. I originally thought I would sell the property and leave town, but have reconsidered. The "for sale" sign has stayed up to keep my options open if the rezoning does not pass. Commissioner Sanders asked if there was parking at the back of the property. Mrs. Fike answered no. Chairman Sanders made reference to two (2) other restaurants in close proximity in which parking gets to be a real issue. Mrs. Fike stated she was not opening a restaurant but rather just a "tea room". A tea room is only open a specified time during the day and there will be no more than 12 people there at any given time. Most people come in groups so parking or noise should not be an issue. Chairman Sanders noted that businesses are required to have off-street parking available for their customers. Mrs. Fike stated she would comply.

Ms. Few commented that staff assumed there was sufficient room on the property to comply with the 3:1 off-street parking. Approximately 5600 sq. ft. of off-street parking would be required to be developed and available on the lot 24 hours a day. The entire back area and side would have to be developed and provided for parking. Mrs. Fike said the property has ample room to do this. The alley would have to be one of the entrance or egress areas. Ms. Few also reminded everyone that District "C-1" zone could allow for any other types of business allowed by that classification to go into that area if Mrs. Fike decided to not open her business or to sell the property.

Commissioner Goga made a motion "TO RECOMMEND APPROVAL OF CASE Z-05-0641(A) the rezoning to the more restrictive District "C-1" (Neighborhood Business), with the condition that parking will be made available off street and replatting of the property, to consolidate the land into one (1) lot, be completed within six (6) months of rezoning. Commissioner Gardiner seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0. This case will be heard at the City Commission meeting on April 26, 2005.

D. CASE: V-05-0479(A). PETITIONER: Katholische Soldatenseelsorge-Anstalt des Oeffentlichen Rechts, owner, by French Brothers, Inc., agent. REQUEST: Approval of a variance of six feet (6') 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 a rectory for the German Catholic Church with a rear yard setback of sixteen feet (16'), rather than the twenty-two foot (22') setback required by Code. TOTAL AREA: ±0.492 acre. LOCATION: 1451 Galway Drive. CURRENT LEGAL: Lot 7B, Block 4, Rath Tara Estates, Phases 1 and 3, Replat B. CURRENT ZONE: District "A" (Single Family Dwelling). Ms. Few reported Katholische Soldatenseelsorge-Anstalt des Oeffentlichen Rechts owns Lot 7B, Block 4, Rath Tara Estates, Phases 1 and 3, Replat B. They plan to have their agents, French Brothers, Inc., construct a rectory for the German Catholic Church with the modified setbacks. The property, 1451 Galway Drive, is zoned District "R-1" (Single Family Dwelling). The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban). A front yard on each side of the one-story portions of buildings having a width of not less than five feet (5') is required. The new rectory is to be constructed with a front yard setback of twenty feet (20'). Therefore a variance of five feet (5') has been requested. The variance is also needed for the church which has a setback of only twenty feet (20'). A rear yard of not less than twenty-two (22') is required for the depth of this lot. The rectory is to be constructed with a rear yard setback of sixteen feet (16'). Therefore, a variance of six feet (6') 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. The proposed rectory is new construction in a new subdivision. 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 March 20, 2005, in the Alamogordo Daily News, and eleven (11) notices were mailed to property owners within the 200 foot legal protest area on March 18, 2005. No protests to the requested variance have been received; however, 10:00 a.m. on April 6, 2005 is the deadline for protests to be submitted to the City Planner. It is suggested that the possibility of reducing the size of the rectory (or the proposed floor plan - building configuration) to eliminate the need for variances on the front and rear yard setbacks for the structure be explored. Approval of the requested setback variances is supported.

Mr. Tom French represented the owners to answer questions. This area was originally proposed to be a playground. They are now relocating their priest from El Paso to Alamogordo and this will now become the rectory. There were no questions from the commissioners.

Commissioner Goga made a motion "TO RECOMMEND APPROVAL OF CASE V-05-0479(A) for the requested setback variances. Commissioner O’Hara seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0. This case will be heard at the City Commission meeting on April 26, 2005.

E. CLOSE PUBLIC HEARING.

SUBDIVISIONS.

A. CASE: S-05-0870(A). PETITIONER: William W. and Mary Lou Pattison Revocable Trust and ARJ Enterprises, LLC, owners, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the preliminary and final plat of CAMINO DE PAZ SUBDIVISION, for five (5) 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, and sidewalk), 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:±6.803 acre. LOCATION: N. Scenic Drive. CURRENT LEGAL: Tract in the West half Southeast quarter Northeast quarter of Section 8, T16S, R10E, NMPM. CURRENT ZONE: No zoning, outside the City. Ms. Few reported William W. Pattison and Mary Lou Pattison Revocable Trust and ARJ Enterprises, LLC own 6.830 acres in Section 8, T16S, R10E, NMPM. Development of the property into five (5) lots, each at least one (1) acre, is proposed. The property has no zoning since it is located outside the City of Alamogordo. The 2000 Comprehensive Plan designates this property as medium density (single family urban). A master plan of all joint holdings of land by William W. Pattison and Mary Lou Pattison Revocable Trust and/or ARJ Enterprises, LLC, adjacent to this tract, is needed to evaluate future development requirements. The master plan is needed prior to consideration of the 6.830 acres of CAMINO DE PAZ SUBDIVISION for final plat approval. The requested master plan must show the relationship of the existing Fairgrounds Road, the right-of-way on the north side of the GCRMC campus, and the land holdings of Pattison and/or ARJ. Through alleys, having a width of twenty feet (20') are required in each block. A variance to the requirement of alleys has been requested by the applicant. Although the subdivision is located outside the City of Alamogordo, it is within the utility extension area. The City, therefore, requests compliance with our Subdivision regulations for dedication of alleys. This will also eliminate the possibility of rear lot drainage or utility easements being blocked. The plats must be re-drawn to include dedicated alleys. A drainage report sealed by a professional engineer, registered in the State of New Mexico, 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 final subdivision plat by the City. 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. A variance to the requirement has been requested by the developer. As the subdivision is located outside the City, it is not appropriate to require public land to be dedicated to the City. Approval of the variance is supported by staff. Utility and street improvements are required to be provided in each new subdivision in accordance with the City's Technical Standards. As previously noted CAMINO DE PAZ SUBDIVISION is within the City's utility extension area, therefore the following is needed:

a) dedicate public rights-of-way,

b) re-design and provide a profile of the intersection (on the northeast corner of the subdivision) with Scenic Drive to provide a connection that is closer to 90 degrees,

c) install curb, gutter, and sidewalk at the western edge of the Scenic Drive right-of-way, and

d) install sewer and water lines (with fire hydrants) in accordance with the City's Technical Standards.

Otero County and the City of Alamogordo shall exercise concurrent jurisdiction over territory within the five (5) mile platting jurisdiction of both the county and the municipality. CAMINO DE PAZ SUBDIVISION is scheduled for consideration by the County Planning Commission.

Continue consideration of the preliminary and final plat of CAMINO DE PAZ SUBDIVISION with variances (on public land dedication and on the construction of streets to City standards) with a master plan, with public alleys, with public streets, with the construction of utilities to City standards, and with the noted plat corrections is supported by staff.

Mr. Klad Zimmerle, Alamotero Land Surveys, was available to represent the owners. He stated the owners are willing to put in a city waterline instead of sinking 5 wells into the aquifer. That would require the commission to lift the moratorium on outside water connections. At this time shared wells or individual wells. There can be up to four (4) households on a single domestic well. This will be approved through the county with that option.

Chairman Sanders had a concern with the street name being similar to other street names. This might be an issue for emergency services trying to locate a specific street. Klad said he understood that concern and would talk to the owners about it.

Commissioner O’Hara had questions on the Public Right-of-Way. Klad stated they are going to dedicate the right-of-way to Otero County currently. If this is ever annexed into the city, it will automatically go as a dedicated street into the city system. The intersection would be realigned as a 90 degree turn into North Scenic. Curb and gutter would be something to be considered later. Ms. Few noted that may be an issue when the case goes before the city commission.

Commissioner O’Hara made a motion "TO RECOMMEND APPROVAL OF CASE S-05-0870(A) approval of preliminary and final plat of CAMINO DE PAZ SUBDIVISION with variances (on public land dedication and on the construction of streets to City standards) with a master plan, with public alleys, with dedicated paved streets, realignment or redesign of the intersection with Scenic and possible connection to city water if the city lifts the moratorium and with the noted plat corrections. Commissioner Goga seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0. This case will be heard at the City Commission meeting on April 26, 2005.

B. CASE: S-05-0871(A). PETITIONER: French Brothers, Inc., owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the preliminary and final plat of TIERRA DE SUENOS, UNIT 8, SUBDIVISION, for fifty (50) lots; with variances on the construction and installation of alleys; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±20.813 acres. LOCATION: Casa de Suenos. CURRENT LEGAL: Lot 2, Rath Tara Estates, Phase 6. CURRENT ZONE: District "A" (Single Family Dwelling). Ms. Few reported French Brothers, Inc., owns 20.318 acres in Section 31, T16S, R10E, NMPM, within the City of Alamogordo. Approval of the preliminary and final plat of TIERRA DE SUENOS UNIT 8 SUBDIVISION is requested for development of fifty (5) residential lots. The property, 2090 Casa de Sol, is zoned District "R-1" (Single Family Dwelling). 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 is in effect. It is recommended by that future residents of the development be advised, via a disclosure statement or similar document, that they are purchasing property directly below the approach zone for Runway 21. Builders should be advised that any construction in this development is subject to the requirements of Federal Aviation Regulations (FAR) Part 77. Prior to construction, the builder should file Federal Aviation Administration (FAA) Form 7460-1 with the FAA. Through alleys, having a width of twenty feet (20'), are required in each block. Public safety continues to request compliance with the Ordinances with dedication of alleys. Additionally, Public Works that the required twenty-foot (20') wide restricted access public right-of-way on the north side of the subdivision was not provided on revised plans received March 28. The plat needs to be corrected to include this dedication. 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 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. For this project to continue forward the following information is needed:

a) A profile of the ditch where it is straightened and a profile of the existing condition;

b) Pre development and post development flow. A certification from the engineer that the post development flow will be equal to or less than the pre development would be acceptable at this time;

c) The drainage that goes towards the proposed park property should be diverted to the ditch as it is in the other cul-de-sacs or a design showing how the drainage will be directed on the public property needs to be provided; and

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. Land was previously dedicated. 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 applicant(s) should take particular note of the requirements of Section 2907(d)5 and Section 7012(d) as it relates to the drainage of the rear lots. The installation of street improvements, in accordance with the "Technical Standards" is required. Plans received March 28 are under review. Note: All "typicals" must conform to the City's adopted Technical Standards. The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required. Plans received March 28 are under review. To date the following deficiencies need to be corrected:

a) All "typicals" must conform to the City's adopted Technical Standards.

b) Fire hydrants must be placed at the north ends of the cul-de-sacs (dead end lines).

c) Fire hydrants located on Casa de Suenos were to be re-located to the south side of the street.

d) Show the utility connection at Tierra de Suenos.

  1. At least two (2) additional valves are needed on Casa de Suenos (east of Casa del Sol and by the Park).

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 for the completion of improvements is drafted. Continue consideration of the preliminary and final plat of TIERRA DE SUENOS, UNIT 8, SUBDIVISION is supported by staff.

Mr. Tom French represented the application. The commissioners did not have any questions.

Commissioner Gardiner made a motion "TO RECOMMEND APPROVAL OF CASE S-05-0871(A) approval of preliminary and final plat of TIERRA DE SUENOS, UNIT 8, SUBDIVISION. Commissioner O’Hara seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0. This case will be heard at the City Commission meeting on April 26, 2005.

6. REPORTS.

A. City Planner.

(1) May Agenda – will consist of 1 zoning case, 1 subdivision case and 1 miscellaneous case

(2) The revised General Zoning Classifications are now in effect, (see illustration 6.A.2) Please review and report any discrepancies so we can get them to the printer.

(3) At the last meeting, a request was made for the possibility of a Consent Calendar being utilized by the planning commission when there is a very large agenda. The city attorney felt that public hearing items and staff supported items, if no one had any protests and items were not being removed from the agenda, using the same protocol as the City Commission, there shouldn’t be a problem. He also recommended that it taken before the City Commission for an official sanctioning. Chairman Sanders noted she would like it in writing from the attorney.

(4) League of Zoning Officials will be having their semi-annual meeting in Albuquerque on May 4-May 7, 2005 if anyone cares to attend.

B. COMMISSION – HAFB Ex-officio Mr. Sandoval stated that due to a shake-up in reorganization at the base command. They are reorganizing some of the comprehensive planning staff with the environmental analysis section and making it into one. They have been instructed to model their land use zoning to coincide with the city standards. This will simplify things when talking to government or city officials.

7. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Goga made a motion "TO ADJOURN". There was no second. All voted "AYE", passing the motion by a vote of 4-0-0. The meeting adjourned at approximately 2:40 p.m.

Approved: May 4, 2005

/s/ Ginna L. Sanders

Ginna L. Sanders, Chairman

ATTEST:

/s/ Linda Sanderson

Linda Sanderson, Recording Secretary