August 3, 2005 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

AUGUST 3, 2005

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman.

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

Ms. Sharon Gardiner, Member.

Ms. Sabrina Marshall, Member.

Mr. Andrew “JR” Gomolak, Ex-Officio Proxy.

 

MEMBERS ABSENT:

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

 

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Ms. Linda Sanderson, Recording Secretary.

 

OTHERS PRESENT:

Mr. Cliff McDonald; Mr. Wayne McDonald; Mr. Tim Roach; Mr. Robert Corns; Mr. Tony Perez; Mr. Klad Zimmerle, R.L.S.; and other unidentified persons.

1. CALL TO ORDER & INTRODUCTIONS. Chairman Sanders called the regularly scheduled August 3, 2005, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of five (5) items were to be considered, none (0) 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 August 9, 2005 or August 23, 2005, to render final decisions. Ms. Few introduced Ms. Sabrina Marshall, the newest member of the Planning commission. She will fill the unexpired term of Mr. Michael O’Hara.

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

3. MINUTES OF JULY 6TH REGULAR MEETING, AND JULY 25TH SPECIAL MEETING, 2005. Commissioner Goga made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner Gardiner. All voted "AYE", approving the motion by a vote of 4-0-0.

4. SUBDIVISIONS.

A. CASE: S-05-0886(A) CONTINUED FROM JULY 6, 2005. PETITIONER: Teresa Ham, owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the preliminary plat (master plan) of CANYON PARQUE SUBDIVISION, for 155 lots; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±50.191 acres. LOCATION: S. Canyon Road east of Mission Hills. CURRENT LEGAL: A tract of land in the Southeast quarter of Section 29, T16S, R10E, NMPM, described by metes and bounds as follows: Beginning at the Northwest corner of said Southeast quarter and going South 89 degrees 54 minutes 02 seconds East along the North line of said Southeast quarter a distance of 2036.00 feet to the West right-of-way line of Canyon Road; thence South 36 degrees 25 minutes 46 seconds East along said right-of-way line a distance of 834.41 feet; thence North 89d degrees 48 minutes 55 seconds West a distance of 1212.69 feet; thence South 00 degrees 23 minutes 40 seconds Eat a distance of 667.61 feet; thence North 89 degrees 38 minutes 33 seconds West a distance of 662.34 feet; thence North 00 degrees 10 minutes 15 seconds West a distance of 333.19 feet; thence North 89d degrees 41 minutes 41 seconds West a distance of 661.03 feet; thence North 00 degrees 03 minutes 14 seconds East a distance of 997.73 feet to the said place of beginning. CURRENT ZONE: District "R-1" (Single Family Dwelling).

This case was withdrawn and will be considered at the Planning and Zoning meeting on September 6, 2005.

B. CASE: S-05-0889(A). PETITIONER: Clifton McDonald and Barbara McDonald, owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the final plat of WESTWOOD SUBDIVISION, UNIT 1, REPLAT A, for four (4) lots; with the vacation and abandonment of part of Erna Drive, West Eighth Street, and two (2) alleys; 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 2201140(b)(1) relating to drainage plans; without all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±4.241 acres. LOCATION: South of West Tenth Street between McDonald Road and the Alamogordo Relief Route (Charlie T. Lee Memorial Highway). CURRENT LEGAL: Lots 5 through 23, Block 2, Westwood Subdivision, Unit 1. CURRENT ZONE: District "M-2" (Industrial).

Ms. Few reported that Clifton A. McDonald and Barbara A. McDonald own Lots 5 through 23, Block 2, Westwood Subdivision, Unit 1, within the City of Alamogordo. Approval of the final plat of WESTWOOD SUBDIVISION, UNIT 1, REPLAT A, for 4.241 acres has been requested for the development of four (4) commercial lots with the vacation of streets and alleys. The property, South of West Tenth Street between McDonald Road and the Alamogordo Relief Route (Charlie T. Lee Memorial Highway), is zoned "M-2" (Industrial) District. The 2000 Comprehensive Plan designates this property to be developed as light industrial. Through alleys, having a width of twenty feet (20'), are required in each block. The department of Public Safety request alleys in the subdivision. Variances to the requirement of alleys have been approved by the Alamogordo City Commission for other subdivisions. The minimum building setback line on all lots and other sites is required to be shown on the plat. (a) The setback lines (minimum front) must be shown on the plat. (b) A utility easement is required on the south end of the subdivision and must be shown on the plat. (c) Properties north, west and south of the subdivision need to shown on the plat. (d) Property corners at the street intersection on lots 1 and 4 must be rounded. Addresses for each lot are required on the plat. Addresses for each lot have been assigned 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. A conception of the design is required to be provided and approved by staff prior to consideration of the subdivision by the City Commission. 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:

UNIT NO.

NO. LOTS

GROSS ACREAGE

NET ACREAGE

PLD ACRES

1A

4

4.241

4.241

0.21205

PLD CR.

-

-

-

TOTAL

4

4.241

4.241

0.21205

A variance to the public land dedication requirement is required. Although "public land" is shown on the original plat of the subdivision, no record of land transfer to the City has been obtained. Specific notation is required on the plat that access is prohibited onto Tenth Street (from Lot 1) and onto Charlie T. Lee Memorial Highway (from Lots 1 through 4). The plat must be corrected to include this notation. Typical utility easements which include an addition five feet (5') at the front property lines are shown on the preliminary plat. No such easements are shown on the final plat, which is the document to be filed. These easements and a typical must be included on the plat. The installation of street improvements, in accordance with the "Technical Standards" is required. (a) Vacation of approximately 1.25 acre of public rights-of-way is included with the subdivision. A recent Court Opinion appears to require compensation from the developer for the vacated streets. This opinion is under review by the City Attorney. (b) Additional right-of-way is required for McDonald Road (for a total width of sixty feet (60') Development will be required per the "typical" section. (c) Driveways should be combined at the property lines to reduce the number of curb cuts. Additionally, an "access easement" should be provided at the front lot lines to allow customer traffic to travel between lots. The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required. (a) Plans for water and sewer need to be submitted and approved by staff. (b) The location of the utility sleeves (under the Alamogordo Relief Route) must be shown on the utility plans. (c) Fire hydrants must be shown in the plans and installed in the subdivision. 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 has been drafted for the completion of improvements. RECOMMENDATION: Continue consideration of the final plat of WESTWOOD SUBDIVISION, UNIT 1, REPLAT A, pending receipt of the final engineering drawing and determination and report by the City attorney on the vacation issue.

Mr. Klad Zimmerle, Alamotero Land Surveys, stated they wanted the city to give them some type of hope that the street and alley vacation could be accomplished before spending the money for an engineer to get the utility plans and street plans. He is in agreement to continue the case until next month pending the report from the City attorney’s office.

Commissioner Gardiner made a motion “TO APPROVE” CASE S-05-0889(A)” Approval to Continue consideration of the final plat of WESTWOOD SUBDIVISION, UNIT 1, REPLAT A, pending receipt of the final engineering drawings and determination and report by the City attorney on the vacation issue. Commissioner Marshall seconded. All voted, passing the motion by a vote of 4-0-0. This case will be presented again at the September 7, 2005 Planning and Zoning meeting.

C. CASE: S-05-0890(A). PETITIONER: Williamson Construction, Inc., owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the final plat of PUEBLO REAL SUBDIVISION UNIT 2, for forty-five (45) 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: ±9.600 acres. LOCATION: South of the Tays-Holcomb Drainage Easement, West of Crescent Drive (extended) and North of Mesa Lane. CURRENT LEGAL: Block 22 Heights Addition, Units A, B, C, & D, as amended. CURRENT ZONE: District "R-1" (Single Family Dwelling).

Ms. Few reported Williamson Construction, Inc. owns Block 22 Heights Addition, Units A, B, C, & D, as amended within the City of Alamogordo. Approval of the final plat of PUEBLO REAL SUBDIVISION UNIT 2 for 9.600 acres has been requested for the development of forty-five (45) single family residences on individual lots. The property, Mesa Lane at Crescent Drive, is zoned "R-1" (Single Family Dwelling) District. The 2000 Comprehensive Plan designates this property to be developed as high density residential and offices. 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. The spelling and phonics of the proposed street name "Tayler Court" is too close to Taylor Road. A new name must be selected, approved, and the plat changed to reflect the new name. Through alleys, having a width of twenty feet (20'), are required in each block. No alley is proposed between the fourteen (14) lots, north of Mesa Lane surrounded on three sides by Tayler Court. Other subdivisions in this area and the balance of this subdivision contain alleys. Public Safety requests alleys throughout the subdivision. Approval of the variance to the requirement of alleys is not supported. Addresses for each lot are required on the plat. Addresses for each lot will be provided to the consulting engineer under separate cover when a new street name is submitted and approved. Addresses are required on the plat prior to filing. A temporary traffic barricade, built to Manual of Uniform Traffic Control Devices (MUTCD) standards, will be required at the north end of Crescent Drive. The proposed grading plan does not show the existing grades of the property. This data needs to be provided prior to approval of the plat. 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:

UNIT NO.

NO. LOTS

GROSS ACREAGE

NET ACREAGE

PLD ACRES

1 & rplt

82

16.084

12.119

0.60595

2

45

9.600

6.943

0.34715

PLD CR.

-

-

-

-

TOTAL

127

25.694

19.062

0.95310

Arrangements for dedication of public land are needed. A variance to the public land dedication requirement is requested but not supported. The installation of street improvements, in accordance with the "Technical Standards" is required. (a) Lot corners at street intersections (Lots 1, 10, 13, 22, 23, 29, 30, 36 and 37) must be rounded to a twenty foot (20') radius. (b) The lot lines at the intersection of streets and alleys should be cut to a 45 degree angle (Lots 1, 22, 23, 36, 37 and 45) to assure visibility for vehicles exiting the alleys. (c) Instead of including the drainage and utility easement as part of Lots 9 and 14, it is required that a dedicated drainage channel be established (d) Both Mesa and Crescent will need to be developed with this subdivision for access to all of the lots. (e) A cul-de-sac will be required at the north terminus of Crescent. (f) Improvements to the Tays-Holcomb ditch are required. Plans for these improvements (control of erosion, etc.) need to be approved prior to final plat consideration. The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required. (a) Water will need to be looped. (b) Two sewer lines appear to exist on the south side of the Tays-Holcomb ditch. Engineering concerns regarding the method of connection need to be resolved. (c) Clarification on the connection of the water lines is needed. 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 has been drafted for the completion of improvements. STAFF RECOMMENDATION: Approval of the final plat of PUEBLO REAL SUBDIVISION UNIT 2 pending resolution of street name change, variance on alley, plat correction and engineering detail acceptance by City engineer prior to presenting to the city council.

Mr. Klad Zimmerle, Alamotero Land Surveys stated this has been platted since the late 1960’s. It has been sitting there for a long time. This is due mainly to the lack of available utilities. Mr. Williamson is also in the process of purchasing the additional Tays lots so we’ll be able to construct Crescent all the way to Indian Wells.

Commissioner Marshall asked how many streets with similar names there were. Mr. Zimmerle stated there are two (2), Taylor Ranch Rd. and Taylor Rd. General conversation followed pertaining to the naming of the street. Staff stated the street would have to be renamed because of similarity of other street names and to reduce the confusion for emergency services.

Commissioner Goga made a motion “TO APPROVE” CASE S-05-0890(A)” approval of the final plat of PUEBLO REAL SUBDIVISION UNIT 2 with the change of street names and all other staff concerns to be addressed. Commissioner Gardiner seconded. All voted, passing the motion by a vote of 4-0-0. This case will be heard at the City Commission meeting on August 23, 2005.

5. MISCELLANEOUS.

A. CASE: M-05-0323(A). PETITIONER: City of Alamogordo, owner. REQUEST: Approval of an easement for a 55.10 foot wide electric transmission line. TOTAL AREA: +1.199 Acres. LOCATION: North of U.S. Highway 54/70 Alamogordo Relief Route and West of the Union Pacific Railroad Right-of-way. CURRENT LEGAL: A 1.199 acre electric transmission line easement in the North half Section 12, T16S, R9E, NMPM, lying generally northwest of the Alamogordo Relief Route, NM Project No. SP-ST-4916(201), (US Highway 54/70 Bypass), west of the Union Pacific Railroad, across the tract described in Quitclaim Deed recorded on November 22, 2004, and in Book 1163, pages, 467-468, Otero County, NM, and being more particularly described as follows: Beginning at a point for the northernmost corner of this easement, Whence, the Northwest corner of Section 12, T16S, R9E, NMPM, bears the following three (3) courses and distances: North 00 degrees 35 minutes 24 seconds West, a distance of 82.84 feet to a point on the west right-of-way of Union Pacific Railroad, along the west right-of-way North 23 degrees 35 minutes 21 seconds West, a distance of 1706.77 feet, and, North 89 degrees 51 minutes 16 seconds West, a distance of 1984.47 feet to the Northwest corner of Section 12; Thence, from the point of beginning, South 23 degrees 35 minutes 21 seconds East, a distance of 141.03 feet to a point for the Northeast corner of this easement; Thence, South 00 degrees 35 minutes 22 seconds East, a distance of 883.56 feet to a point for the Southeast corner of this easement; Thence, South 89 degrees 58 minutes 25 seconds West, a distance of 55.10 feet to a point for the Southwest corner of this tract; Thence, North 00 degrees 35 minutes 24 seconds West, a distance of 1012.84 feet to the point and place of beginning. CURRENT ZONE: No zoning. Outside of the City of Alamogordo.

Ms. Few reported the City of Alamogordo owns a parcel of land in Section 12, T16S, R9E, NMPM, at North of U.S. Highway 54/70 Alamogordo Relief Route and West of the Union Pacific Railroad Right-of-way. The proposed easement will allow an electrical transmission line to cross the property. The property is located outside the City of Alamogordo and therefore not zoned. The 2000 Comprehensive Plan designates this property to be developed as light industry. STAFF RECOMMENDATION: Approval of the utility easement is recommended.

Mr. Robert Corns, Representative for Texas New-Mexico Power Co., stated the purpose of the easement is to put in place a transmission line from Alamogordo to Tularosa then continuing on up to Ruidoso. It is needed to modernize the grid and provide additional capacity for the area. This land was originally owned by the Highway Department and recently acquired by the city. We are staying on the West side of the property where there is an existing right-of-way. This will allow us to complete and go thru that area, then we follow railroad tracks to Tularosa and then over to the mountains from that point.

Commissioner Gardiner asked if this changed the boundaries or areas currently served by Otero County Co-op. Mr. Corns stated this has nothing do with the area the co-op serves.

Commissioner Gardiner made a motion “TO APPROVE” CASE M-05-0323(A)” approval of utility easement. Commissioner Goga seconded. All voted, passing the motion by a vote of 4-0-0. This case will be heard at the City Commission meeting on August 23, 2005.

B. CASE: M-05-0324(A). PETITIONER: City of Alamogordo, applicant. REQUEST: Approval of Resolution 2005-27 lifting a moratorium on outside City water sales within the water service boundary, as identified in the approved comprehensive Plan, and amending the water service boundary.

Ms. Few reported development frequently occurs on the immediate edges of the City. These areas are often areas that are likely to be incorporated into the City in the short term future 1-5 years. The subdivision code provides for the development standards that residential areas must meet. The city has joint authority within the extraterritorial areas to approve new subdivision. Frequently the City waives requirements under the subdivision code for areas outside the City. The result is that when these areas are ready for annexation, there is resistance due to the concern about the existing properties having to pay to upgrade the infrastructure (streets, water, and sewer). Taking in areas without adequate water service (for fire fighting) can have a negative impact on the entire City's fire rating, causing all City property owners to pay higher insurance rates. Currently the City does not permit areas outside the City to connect to the City water and sewer systems. This does encourage some areas to annex into the City in order to receive services. It may also encourage initial approval of the subdivision (in the County) with standards waived; the subdivision then annexes into the City and then receives water service without other improvements. What is being proposed is that the City re-define the "utility extension area" as stipulated on the map attached to the resolution (this is not the same as the map in the 2000 comprehensive Plan – "the Water Service Boundary" (Map 4) is different), as an area where any subdivision development would have to meet the full range of development as required within the City. This means a partial lifting of the moratorium on hookup outside the City. RECOMMENDATION: Approval of the resolution.

Commissioner Gardiner asked if the annexation to the north of Cottonwood Heights is in the city limits or not. Ms. Few noted it is being presented to the city commission. Chairman Sanders inquired that part of the deal for annexation was if city water were available they would use it. Ms. Few noted that is the standard wording on all annexations.

Chairman Sanders expressed concern of future annexations further to the north. The older septic systems would be grandfathered in. Even though there are strict state guidelines for septic systems there is still the potential for contamination of ground water. If allowed to go on city water that would eliminate the use of wells which could be contaminated by the septic systems. Ms. Few stated if there are wording changes to recommendations, or points to be raised, this is the time to do that.

Commissioner Goga said he would like to see a length of term not to exceed five years (5) stipulated in this resolution. I would hate to see a developer gain access to the city system and then not move forward with the development. That makes an island with city water on it that is still in the county. I would like to see that terminated after 5 years if that subdivision does not come in to the city. Ms. Few stated that the properties “may or may not” come into the city. They have a choice. A development outside the city that was allowed to connect would be paying the increased rate that is currently being charged. The moratorium has been lifted in the past with a sunset clause and for those people who were already on a waiting list. This has a different set of limitations, it establishes a boundary. People do not have to sign up for city water but they have to put in a comparable system if they are doing a subdivision development.

Commissioner Marshall asked questions regarding what the “partial” lifting represented, is it going to cost the city a lot when these developers start pulling on the water, and what is going to be effecting our water into our line. Ms. Few stated there would not be cost to the city for infrastructure. If increased pumping by the city it should be offset by the increased costs that are paid outside the city. The developer also has the option of putting in their own system. It appears there is sufficient water to support with the limitations that go on for usage.

Commissioner Goga made a motion “TO APPROVE” CASE M-05-0324(A)” approval of the resolution. Commissioner Marshall seconded. All voted, passing the motion by a vote of 4-0-0. This case will be heard at the City Commission meeting on August 9, 2005.

C. CASE: M-05-0325(A). PETITIONER: City of Alamogordo, applicant. REQUEST: Approval of Resolution 2005-28 amending the Comprehensive Plan and the Traffic Plan regarding Dr. Martin Luther King Jr. Drive / South Scenic Extension. RECOMMENDATION: Approval of the resolution.

Ms. Few reported the City of Alamogordo adopted Resolution 2003-02 for a Comprehensive Plan for the orderly growth of the City, which includes a Long Range Major Street Plan. The City's Comprehensive Traffic Study, a technical appendix to the Comprehensive Plan, provides for proposed street extensions, including the Dr. Martin Luther King Jr. Drive / South Scenic Drive extension. It also addresses development within the proposed route for the connection of Dr. Martin Luther King Jr. Drive and the South Scenic Drive. Because growth has occurred that renders the adopted plans as unfeasible, it is incumbent upon the City that plans for growth is current and updated. On July 19th Molzen/Corbin presented alternate routes for the development of this corridor to the City Commission. The Commission selected a route which extends Dr. Martin Luther King Jr. Drive to the west. Additionally upgrading of Ocotillo was given higher ranking along with the connection to Florida Avenue. The proposed resolution amends both the Comprehensive Plan and the Traffic Study to reflect a new alignment for the Dr. Martin Luther King Jr. Drive and the South Scenic Drive extension/connection. It also extends the proposed arterial of Florida Avenue south to connect with the Dr. Martin Luther King Jr. Drive and the South Scenic Drive extension. It is recommended that the connection of these two roadways also be continued within the plans for future study corridors. As City Planner, I will recommend that the alignment of the continuation of MLK to the east and doing a wide hook around to Alamo Canyon, be left in; simply as a realization that development may occur in that area that would require connection into MLK in the future. It would be a proposed location should development occur out there. If it’s not in the plan, we can’t require connection.

Chairman Sanders asked if the stipulation to reevaluate no less than 5 years. We don’t want the same situation that we had with south Scenic where property owners were left in limbo. Ms. Few said that is a good point to be noted and should be done for all of the streets.

Discussion between all commissioners followed regarding development in the Alamo Canyon area, and access to specific roads or “billy goat path’s”.

Commissioner Goga made a motion “TO APPROVE” CASE M-05-0325(A)” approval of the resolution. Commissioner Gardiner seconded. All voted, passing the motion by a vote of 4-0-0. This case will be heard at the City Commission meeting on August 9, 2005.

6. REPORTS.

A. City Planner.

(1) September Agenda – Currently six (6) cases with the possibility of eight (8) more

(2) Other. Training classes are available January 18 and March 22, 2006. Please let me know if anyone is interested in going.

(3) Other. The annual reports will soon be due if anyone has anything to report.

B. CHAIRMAN None.

C. COMMISSION None.

7. PERSONS TO BE HEARD None.

8. ADJOURNMENT There being no further business to come before the Commission, Commissioner Goga made a motion "TO ADJOURN". Seconded by Commissioner Gardiner. All voted "AYE", passing the motion by a vote of 400. The meeting adjourned at approximately 2:50 p.m.

Approved: September 7, 2005

/s/ Ginna L. Sanders

Ginna L. Sanders, Chairman

ATTEST:

/s/ Linda Sanderson

Linda Sanderson, Recording Secretary