December 7, 2005 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

December 07, 2005

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman.

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

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

Ms. Sharon Gardiner, Member.

Ms. Sabrina Marshall, Member.

Mr. Daniel J. Cass, Ex-Officio.

MEMBERS ABSENT:

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

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. Dean Hunt, P.E., Engineer.

Ms. Linda Sanderson, Recording Secretary.

Ms. Marnee Singer, Recording Secretary.

 

OTHERS PRESENT:

Mr. Roy Holmes; Ms. Rose Holmes; Ms. Jean Manske; Mr. Larry J. Jensen; Ms. Margaret Dubbin, P.E.; Mr. John D. Husted; Ms. Joyce E. Husted; Ms. Tally Cupples; Mr. Ronald D. Pieper; Ms. Monica Helm; Mr. Jesus J. Torres; Ms. Freda Coodman; Ms. Diane Butler; Mr. Keith Butler; Ms. Elizabeth Faye Sinclair; Mr. Manuel Gonzales; Mr. Frank Bishop; Ms. Roberta Gonzales; Ms. Kelley Quarles; Mr. Shaun D. Quarles; Ms. Melissa Berg; Mr. Jeff May; Mr. Fred Stauffer; Ms. Mary Pieper; Mr. Gary Lane; Mr. Jim Smith; Mr. Klad Zimmerle, P.L.S.; Mr. Michael Dryer; Ms. Liliana Merrick; Ms. Jeannie Andrew; Mr. John Andrew; Mr. Gary Miesner; Mr. Sungho Jun; Ms. Katherine Davis; Mr., Jaime J. Garcia; Mr. Casell Davis; Mr. Eric Candito; Mr. Scott Harrington; Mr. Pat Vandergriff; Ms. Josefine Rauls; Mr. Bradley Rauls; Mr. Joseph A. Garcia; Mr. Eddie Livingston; P.E.; Commissioner Don Cooper; Mr. Timothy Edman; Mr. Doug Nelson; and other unidentified persons. 

1.  CALL TO ORDER.  Chairman Sanders called the regularly scheduled December 7, 2005, meeting to order at approximately 1:30 p.m.  Chairman Sanders noted that a total of fifteen (15) items were to be considered, six (6) 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 rezoning and final subdivision plat requests at its meeting of December 20, 2005 to render final decisions. 

2.  APPROVAL OF AGENDA.  Mr. Klad Zimmerle, P.L.S., submitted a request to withdrawal Cases S-05-0902(A), S-05-0903(A), S-05-0904(A) from the agenda.  Ms. Few stated Case S-05-0909(A) and S-05-0910(A) will only be considered for preliminary approval.  Commissioner Goga made a motion "TO APPROVE THE AGENDA, AS AMENDED".  Seconded by Commissioner Marshall.  All voted "AYE", passing the motion by a vote of 5-0-0.

3.  MINUTES OF THE OCTOBER 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.  Ms. Few stated that Case Z-05-0648(A) had been amended and the staff report were not ready yet, copies were being made  Mr. Lane agreed to continue with the agenda and come back to the case when the amendments were ready.   

B.  CASE:  Z-05-0649(A) associated with Case S-05-0902(A).  PETITIONER:  Jim Lynch, owner, by Tool Box, LLC, contract holder/agent.  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 “C-1” (Neighborhood Business); which, if approved, would allow the property to be developed and used for light commercial and retail uses, to include but not limited to storage units.  TOTAL AREA:  ± 0.966 acre.  LOCATION:  1702 through 1714 Loma Vista Drive.  CURRENT LEGAL:  Lots 13-A through 19-A, Block 2, Loma Vista Subdivision, Replat A.  CURRENT ZONE:  District "MH-1" (Manufactured Housing District).  RECOMMENDATION:  Approval of the rezoning.

Ms. Few stated Jim Lynch owns seven (7) lots in Loma Vista Subdivision.  The proposed rezoning will allow the property to be developed and used for light commercial and retail uses, to include but not limited to storage units by Tool Box, LLC, option holder.  The property, 1702 – 1714 Loma Vista Dive, is zoned District "MH-1" (Manufactured Housing).  The proposed rezoning will continue the same district classification from the west.  Shielding requirements for lighting and noise attenuation are required when this district abuts residential properties.  The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban).  A new (complete) application showing Jim Lynch as the property is required prior to consideration of the item by the City Commission.  The level of improvements abutting this property does not meet the City's standards.  Development of Loma Vista Drive by the developer is recommended with the related subdivision.  Pursuant to Section 2901020, 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 November 20, 2005, in the Alamogordo Daily News, and twenty-nine (29) notices were mailed to property owners within the 200 foot legal protest area on November 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 December 7, 2005.  Approval of the rezoning to District “C-1” (Neighborhood Business) is recommended.

Mr. Klad Zimmerle, P.L.S., Alamotero Land Surveys, stated there is a replat in process now to bring several lots into a single entity, as a requirement by the City, all lots in the area must have the same zoning.  There is a plan to use this land for storage units, the same that is already to the north of Loma Vista Drive.   

Commissioner Goga made a motion “To recommend approval of the rezoning to District “C-1” (Neighborhood Business).”  Seconded by Commissioner Marshall.  All voted “AYE”, passing the motion by a vote of 5-0-0 

C.  CASE:  Z-05-0650(A).  PETITIONER: Ronald D. Pieper and Mary Pieper, owners, by Debra C. Stauffer and Frederic Stauffer, Jr., applicants.  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 “C-3” (Business), or a more restrictive classification; which, if approved, would allow the property to continue to be used for commercial and retail purposes, to include but not limited to a small animal veterinary clinic.  TOTAL AREA:  ±15,038.81 square feet.  LOCATION:  1211 Cuba Avenue.  CURRENT LEGAL:  Lots 3 and the North 63.26 feet of Lot 4, Block 106-A, Alamo Blocks, Resub. of Block 106  CURRENT ZONE:  District “C-1” (Neighborhood Business).  RECOMMENDATION:  Approval of the rezoning, with the conditions that (1) there be no outside kennels, pens, enclosures etc. used for the temporary or long term holding of animals; (2) the facility not be used for livestock.  animals classified as livestock include the following: horse, donkey, cow sheep, goat (except for Viet Namese miniature potbelly pigs or pigmy goats weighing fifty pounds or less) or any other similar animal; and (3) the facility not be used for venomous reptiles or carnivores weighing over fifteen pounds other than a domestic dog or domestic cat.

Ms. Few stated Ronald D. Pieper and Mary E. Pieper own Lot 3 and the North 63.26 feet of Lot 4, Block 106-A, Alamo Blocks, Resub. of Block 106.  The proposed rezoning will allow the property to continue to be developed and used for commercial purposes, to include but not limited to a small animal veterinary clinic.  The property, 1211 Cuba Avenue, is zoned District “C-1” (Neighborhood Business).  To the immediate north, east and south of this property there is District “C-1” (Neighborhood Business) zoning.  To the west, across an alley is “R-1” District (Single Family Dwelling) zoning.  The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban).  The request to rezone the property to “C-3” is not in strict conformance of the City’s adopted Master Plan.  However, there are other properties zoned “C-3” within approximately 80 feet of this property.  Pursuant to Section 2901020, 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 November 20, 2005, in the Alamogordo Daily News, and thirty (30) notices were mailed to property owners within the 200 foot legal protest area on November 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 December 7, 2005.  Approval of the rezoning to District “C-3” (Business), with the conditions:  there be no outside kennels, pens, enclosures etc. used for the temporary or long term holding of animals; the facility not be used for livestock (Animals classified as livestock include the following: horse, donkey, cow sheep, goat except for Vietnamese miniature potbelly pigs or pigmy goats weighing fifty pounds or less or any other similar animal); and the facility not be used for venomous reptiles or carnivores weighing over fifteen pounds other than a domestic dog or domestic cat is recommended.

Mr. Fred Stauffer and Mr. Ron Pieper were there to represent this item.  He did not have any comments for the commission.  Commissioner Gardiner asked if this was strictly for a veterinary clinic and not to house any animals.  Mr. Stauffer assured the commission no animals would be kenneled on the property, only over night if needed for the treatment of an animal.  Chairman Sanders asked if he had any problems with the restrictions stated by staff.  Mr. Stauffer advised he did not.  Mr. Ronald Piper, property owner, stated he had no objections to the zoning or to the restrictions. 

Commissioner Gardiner made a motion “To recommend approval of the rezoning to District “C-3” (Business), with the conditions: (1) that there be no outside kennels, pens, enclosures etc. used for the temporary or long term holding of animals; (2) That the facility not be used for livestock.  Animals, classified as livestock include the following;  horse, donkey, cow, sheep, goat (except for Vietnamese miniature potbelly pigs or pigmy goats weighing  fifty pounds or less) or any other similar animal; and  (3) That  the facility not be used for venomous reptiles or carnivores weighing over fifteen pounds other than a domestic dog or domestic cat.”  Seconded by Commissioner Goga voted “AYE”, passing the motion by a vote of 5-0-0 

ACASE:  Z-05-0648(A).  PETITIONER:  Gary L. Lane, 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 “R-4” (Multi-family Dwelling); which, if approved, would allow the property to be developed and used for residences and/or  professional offices, to include but not limited to apartment uses.   TOTAL AREA:  ±8.612 acres.  LOCATION:  East of S. Florida Avenue at the intersection with Oakmont Drive.  CURRENT LEGAL:  A tract of land in the Northeast quarter of Section 6, T17S, R10E, NMPM, described by metes and bounds as follows:  Starting at the southwest corner of said Northeast quarter and going south 89 degrees 40 minutes 20 seconds East along the South line of said Northeast quarter a distance of 734.87 feet to the East rightofway line of South Florida Avenue Avenue, thence North 00 degrees 02 minutes 28 seconds West along said rightofway line a distance of 702.90 feet to the place of beginning of the tract of land herein described; thence continuing North 00 degrees 02 minutes 28 seconds West along said rightofway line a distance of 187.10 feet; thence along said rightofway line along the arc of a curve to the left whose central angle is 16 degrees 44 minutes 41 seconds and whose radius is 869.99 feet an arc distance of 254.25 feet; thence along said rightofway line along the arc of a curve to the right whose central angle is 14 degrees 21 minutes 24 seconds and whose radius is 730.01 feet an arc distance of 182.92 feet; thence South 89 degrees 40 minutes 14 seconds East a distance of 651.79 feet; thence South 00 degrees 24 minutes 37 seconds East a distance of 617.25 feet; thence North 89 degrees 40 minutes 17 seconds West a distance of 588.58 feet to the said place of beginning.  CURRENT ZONE:  District “R-1” (Single Family Dwelling).  RECOMMENDATION:  Approval of the rezoning is recommended, with the conditions that if the property is developed prior to South Florida Avenue being improved (paved) the developer be responsible for improving a two lane (24 foot wide) paved access to the development and that this access roadway be maintained by the developer until such time that South Florida Avenue adjacent to the development is improved to its ultimate section.

Ms. Few stated Gary L. Lane owns approximately 42.281 acres of land in Section 6, T17S, R10E, NMPM.  The proposed rezoning will allow approximately 8.6 acres of the property to be developed and used for multi-family dwelling units (from duplexes to multi-unit apartments).  The property is zoned District “R-1” (Single Family Dwelling).  The proposed rezoning will be spot zoning.  Additionally, no development plan has been provided for evaluation.  The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban).  The proposed rezoning to multi-family dwelling will not conform to the master plan.  Additionally, the density that could be placed on the property would be three times greater than under the “R-1” zoning.  The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance, Chapter 4, Article 407, of the Code of Ordinances of the City of Alamogordo, New Mexico.   An Avigation Easement limiting vertical development to not more than fifty feet (50') above ground level has been prepared.  The developer needs to insure adequate water pressure/volume is available for any proposed apartment complexes for firefighting purposes.  The level of improvements abutting this property does not meet the City's standards.  Should the property be developed prior to South Florida Avenue being improved (paved), it is recommended that the developer be responsible for improving a two lane (24 foot wide) paved access to the development and that this access roadway be maintained by the developer until such time that South Florida Avenue Avenue, adjacent to the development is improved to its ultimate section.  Pursuant to Section 2901020, 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 November 20, 2005, in the Alamogordo Daily News, and seventeen (17) notices were mailed to property owners within the 200 foot legal protest area on November 18, 2005.  Seven (7) protests to the requested rezoning have been received, of seven (7) properties within the 200 foot legal protest area and represents approximately 12.39 % of the 200 foot legal protest area.  The other twenty (20) protests and seven (7) pages of petitions were from owners/residents located outside the legal protest area.  The deadline for the receipt of protests by the City Planner is 10:00 a.m. on December 7, 2005.  Approval of the rezoning to District “R-4” (Multi-family Dwelling) is recommended, with the conditions that if the property is developed prior to South Florida Avenue being improved (paved) the developer be responsible for improving a two lane (24 foot wide) paved access to the development and that this access roadway be maintained by the developer until such time that South Florida Avenue adjacent to the development is improved to its ultimate section.

Mr. Gary Lane, property owner, stated he did contact the residents within the protest area, and did speak with many outside the protest area about the rezoning.  Mr. Lane explained what he wanted to do with the property.  He stated that with about thirty (30) acres he was planning on a City specification subdivision.  With eight (8) acres he planned on putting a gated area with town homes, condos, assisted living, or even three (3) to six (6) unit apartment complexes.  He believes the area he requested for this rezoning would be the least affected area for the residents.  There are only five (5) homeowners of the seventeen (17) in the protest area that face his property.  Most of the property that is to the north, east, and south are large parcels that are owned by Mr. Lane and few others that have no objection to the rezoning.  To the west of the area are residential properties that have not yet been sold.  There are only five (5) homes that are up against the proposed area that have existing home owners.  There has been an easement given for the South Florida Avenue area of one hundred feet (100’) wide, which gives a large area between the existing homes and the new development.  Mr. Lane advised that there are not any plans at this point for the property.  Any development for the property is still two (2) to three (3) years away.  Mr. Lane believes the traffic in the area should not be a problem.  The City ordinance does not allow driveways from personal residences to enter directly on to Florida.  Therefore, the traffic should not increase too much.  He stated he is willing to listen to concerns of the residents that will be affected, and is willing to work with them on their concerns.  Mr. Lane believes that there could be a committee developed between residents in the protest area, and maybe one individual that would represent the residents out of the protest area.  In that committee they could come to an agreement for the development in the area.  Mr. Lane stated there are very few things in “R-4” zoning that he needs.  The only reason he applied for “R-4” zoning is he thought he would need it for assisted living areas.  He is willing to work with the community and drop the zoning to either “R-3” or “R-2” if needed. 

Commissioner Marshall asked Mr. Lane what he classified as assisted living.  Mr. Lane stated that he was envisioning a gated community that housed ten (10) to fifteen (15) adults that need assisted living. 

Commissioner Marshall asked if the assisted living would be higher rent, or if it would be low income.  Mr. Lane stated he was unsure how the rent or lease works for assisted living.  He believed if there is a high or low income for assisted living, this area would be for high income.  He stated after doing research, he understands that assisted living homes may be developed in any zoning, so that is no longer a concern to have the are zoned for that specific reasoning.   

Commissioner Marshall asked how large the apartment complex he wanted to build would be. Mr. Lane stated that there would only be about three (3) or four (4) units with a swimming pool and a security gate.  This would be a high end, first class complex. 

Mr. Brad Rauls, 2904 Birdie Loop, advised the commission he is a resident within the  two hundred feet (200’) protest area.  He believes his property value and others will decrease if a multi-family complex is developed in the area.   

Mr. Keith Butler, 2370 South Florida Avenue Avenue, stated that he lives approximately one hundred and fifty feet (150’) outside the legal protest area.  He stated he is concerned about his property value decreasing.  He had spoken to brokers, appraisers, and real estate agents, each one informed him that if this area is rezoned to “R-4”, the properties in the area will lose value.  He believes the traffic will be extremely high for the area with the new development.  When he purchased his home; he spoke with Mr. Lane’s father about the proposed property.  His father told him that there are not any plans for the area, and there would not be for many years.  Mr. Butler advised the commission that he started the petition.  There are eighty – five (85) signatures on the petition, some which had also wrote letters of protest to the commission.  Mr. Butler spoke with many residents, all whom fell strongly about the rezoning, some residents said they would rather sale their homes than live near a multi-family complex. 

Chairman Sanders asked Mr. Butler, if he had a chance to meet with Mr. Lane, and discuss each other’s views and concerns, could there be a possible agreement?  Mr. Butler stated that he would be willing to do so; however he is unsure if an agreement could be met because Mr. Lane is unclear about his plans for the area. 

Ms. Few stated three weeks ago this property was not in the City; there was no zoning protection on it at all.  Anything could have been put on the property without any objections. This property was annexed into the City on November 22, 2005.  Under City ordinances this property comes into the City zoned as “R-1” (Single Family Dwelling Unit).  This property only has three (3) weeks worth of protection of the zoning on it.  The zoning application came in while the annexation was in progress.

Ms. Soliana Morgan, 2449 Desert Bloom, stated she is concerned that Mr. Lane may change his mind on his plans in the future.  Mr. Lane stated he was not planning on building a large complex, but she is concerned he may change his mind when the time comes to build and decide to develop a large complex.  Ms. Morgan stated she is also concerned of the traffic the new development may bring.  South Florida Avenue Avenues already a high traffic area, and more homes in the area would cause higher traffic.

Ms. Monica Helm, 2419 Saguaro Loop, stated her main concerned is the traffic in the area.  The area of South Florida Avenue and Panorama Avenue is very high traffic density already, and if a multi-family dwelling is developed, she believes the traffic will double, which would cause more accidents and hazards to the area. 

Mr. Lane clarified that the reason he is trying to rezone this area rather than building single family homes, he believes there will be less traffic than that with a large subdivision of single family homes. He also clarified what he meant when he stated that there are no home allowed to directly access Florida, in the past few years when plans have been approved they have been approved with the understanding that the homes do not have access to the larger streets, such as Florida Avenue.  Mr. Lane wanted to explain that his father did say that there are no plans for the property.  There are still not any plans for development, just the ides to develop a plan within the next few years. 

Chairman Sanders asked if Mr. Lane would consider less than an “R-4” zoning.  Mr. Lane stated that yes he would consider changing his request; he does not have a plan for a large complex.  The only reason he applied for “R-4” zoning was the possibility of the assisted living areas, but now understands assisted living can be placed anywhere.  Mr. Lane agrees he will drop the zoning to “R-3” or “R-2” to reach an agreement with the residents in the area.

Commissioner McCracken asked Mr. Lane about the easement to the east of his property, if there was a gated community would the property owners still have access to that easement.  Mr. Lane stated that there is a fifty foot (50’) easement that runs on the north side, east and west, as well as a fifty foot (50’) easement that runs north and south on the east end of the property.  These easements are access for the properties in the area, and will not be blocked by the community.

Commissioner McCracken asked if it would be possible to table this item today to give the property owners a chance to meet with Mr. Lane and come to an agreement for the use of the property.  Mr. Lane said he would be glad to meet with the residents in the protest area, as well as somebody to represent the people outside of the protest area and come to an agreement.  It is difficult to meet with a large group as there is at the meeting and have everyone agree.  Mr. Lane stated he is willing to make suggestions and compromise with the residents in the area.

Ms. Few informed the residents if this item is tabled today and Mr. Lane has a meeting on this issue with the residents, in order for this to come back before the commission for reconsideration, the item will be re-notified in the news paper and public notices will be re-sent to the residents in the legal protest area. 

Chairman Sanders asked if the letters of protest would have to be redone when this is brought back to the commission.  Ms. Few stated that all protest will remain in place until they are withdrawn in writing. 

Commissioner Goga stated when the annexation was done for this area, it was brought up that there was a future plan for the widening of Florida Avenue.  He asked Ms. Few if those plans were still in progress.  Ms. Few stated the City has the right-of-way, plans, and there is an agreement in place for the development of South Florida Avenue.  Commissioner Goga asked if there is a time frame for this development or if it is still in the planning stage.  Ms. Few stated she cannot remember the time frame, but from the planning stand point, it is soon.  Commissioner Goga informed the residents in the audience that the City is working on developing Florida Avenue, considering most of the concerns are traffic concerns.  Mr. Keith Butler asked Ms. Few to explain how South Florida Avenue is to be developed past Birdie Loop.  Ms. Few stated there are several segments to the development.  One segment is from Panorama Avenue to Desert Lakes Drive, which has just been annexed into the City.  There are plans just south of Desert Lakes with a proposed development. There is an agreement in place to take Sedona to Oakmont and south to the Sedona subdivision.  She was unclear of all the details for the agreement, but it is in a reasonable time frame.  In the City’s master plan, Florida will continue south and join with Martin Luther King Drive. 

Commissioner Goga made a motion “To table the rezoning with an open ended table to allow Mr. Lane to put this case back on the agenda when he is ready and has had the opportunity to discuss the rezoning with the residents of the area.”  Seconded by Commissioner Marshall and Commissioner Gardiner.  All voted “AYE”, passing the motion by a vote of 5-0-0

D.  CASE:  Z-05-0651(A).  PETITIONER:  Jaime J. Garcia, owner.  REQUEST:  Approval of an ordinance to amend the official zoning map of the City of Alamogordo to change the zoning to District “R-4” (Multi-family Dwelling); which, if approved, would legitimize the use of the property for three (3) dwelling units (one single family residence and one duplex residential unit).  TOTAL AREA:  ±11,250 square feet.  LOCATION:  1309 N. Florida Avenue.  CURRENT LEGAL:  The South ½ of Lot 15 and all Lot 16, Block 82, Alamo Blocks.  CURRENT ZONE:  District “R-3” (Two-family Dwelling).  RECOMMENDATION:  Approval of the rezoning with the condition that the density be limited to three (3) units; additionally it is recommended that prior to the ordinance being filed that the property be replatted into one (1) lot.

Ms. Few stated Jaime J. Garcia owns the South ½ of Lot 15 and all of Lot 16, Block 82, Alamo Blocks.  The proposed rezoning would legitimize the use of the property for three (3) dwelling units (one single family residence and one duplex residential unit).  The property, 1309 N. Florida Avenue, is zoned District “R-3” (Business).  The zoning of the property only allows two (2)dwelling units on the property.  A duplex unit was originally built on the property.  In the early 1960's a separate dwelling was constructed on the west side (back) of the property.  The dwellings have apparently been in continual use since that time.  The proposed zoning will be spot zoning.  The adjacent properties have at least two dwellings/apartments on them.  The density of the units will be below that allowed by the “R-4” District.  The 2000 Comprehensive Plan designates this property to be developed as high density residential and offices.  The proposed zoning would conform to the master plan.  The property is composed of one full lot and half of another lot.  The dividing lot line bisects the residential units.  Replatting of the property is needed to remove setback encroachments from the dwellings.  Pursuant to Section 2901020, 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 November 20, 2005, in the Alamogordo Daily News, and twenty-one (21) notices were mailed to property owners within the 200 foot legal protest area on November 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 December 7, 2005.  As the rezoning will conform to the Comprehensive Plan, approval of the rezoning to District “R-4” (Multi-family Dwelling) is supported, with the condition that the density be limited to three (3) units; additionally it is recommended that prior to the ordinance being filed that the property be replatted into one (1) lot.

Mr. Jaime J. Garcia, property owner, was there to represent this case.  Commissioner Goga asked if Mr. Garcia had any objections to staff recommendation for the replat into one lot.  Mr. Garcia advised he did not object to the recommendation, and that the limitations to only three (3) units would be acceptable. 

Commissioner Goga made a motion “To recommend approval of the rezoning to District “R-4” (Multi-family Dwelling) is supported, with the condition that the density be limited to three (3) units, and prior to the ordinance being filed that the property be replatted into one (1) lot.”  Seconded by Commissioner Marshall.  All voted “AYE”, passing the motion by a vote of 5-0-0

E.  CASE:  Z-05-0652(A) associated with S-05-0909(A).  PETITIONER: Suleiman Hawash, 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 “R-1” (Single Family Dwelling); which, if approved, would allow the property to be used/developed for single family homes.  TOTAL AREA:  ±7.391 acres.  LOCATION:  West of Airport Road, South of Industrial Road.  CURRENT LEGAL:  A tract of land in Airport Industrial Subdivision, Alamogordo, Otero County, New Mexico, described by metes and bounds as follows:  Beginning at the Southeast corner of said airport Industrial Subdivision and going South 89 degrees 46 minutes 50 seconds West along the South line of said Airport Industrial Subdivision a distance of 400.00 feet; thence North 00 degrees 09 minutes 40 seconds West a distance of 710.35 feet; thence North 64 degrees 29 minutes 00 seconds East a distance of 442.64 feet; thence South 00 degrees 09 minutes 40 seconds East a distance of 899.50 feet to the said place of beginning.  CURRENT ZONE: District "M-2" (Industrial) and District “C-3” (Business).  RECOMMENDATION:  Approval of the rezoning. 

Ms. Few stated Suleiman Hawash owns 18.077 acres in Airport Industrial Subdivision.  The proposed rezoning of 7.391 acres will consolidate the property into one classification and allow the development of seventy-six (76) single family homes.  The property, West of Airport Road and South of Industrial Road, is zoned District "M-2" (Industrial), and District “C-3” (Business).  The rezoning will put the entire holdings of the applicant into one zone district and is necessary to allow residential use of the propertyThe 2000 Comprehensive Plan designates this property to be developed as commercial/retail and heavy industrial.  The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance, Chapter 4, Article 407, of the Code of Ordinances of the City of Alamogordo, New Mexico.   An Avigation Easement limiting vertical development to not more than fifty feet (50') above ground level has been prepared.  Pursuant to Section 2901020, 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 November 20, 2005, in the Alamogordo Daily News, and thirty-six (36) notices were mailed to property owners within the 200 foot legal protest area on November 18, 2005.  One (1) protest to the requested rezoning was received.  The protest represents 8.81 percent of the 200 foot legal protest area.  The deadline for the receipt of protests by the City Planner is 10:00 a.m. on December 7, 2005. Approval of the rezoning to District “R-1” (Single Family Dwelling) is supported to unite the property under one district.

Commissioner Goga asked Ms. Few if the area to the west of the proposed property is zoned Industrial.  Ms. Few stated south of Industrial Road and west of the shaded area on  the vicinity map is Zoned “R-1” (Single Family Dwelling Unit).  West of Beacon Road is zoned Industrial. 

Mr. Klad Zimmerle, P.L.S., Alamotero Land Surveys, stated the requested zoning falls into place with the development to the east and south of the proposed property.  Most all commercial property that is near the area all fronts US Highway 70.  There is an engineering firm that is working on the development and all the concerns of drainage and road conditions made by the Desert Villa Home Owners Association will be considered.  Commissioner Marshall asked if he knew how they were planning on fixing the drainage issue.  Mr. Zimmerle stated he believes the streets will be aimed to the west which is a natural drainage to the land. 

Ms. Jean Manske, representative of the Desert Villa Home Owners Association, stated the biggest concern of the association is the drainage issue.  When it rains water accumulates at the end of airport road, which has caused homes to be damaged in the past.  The association does not object to the homes being built, they are just concerned about the drainage and want to be sure those issues are addressed.  Chairman Sanders advised Ms. Manske when a development is planned it does go through stages through the City and the Engineer does look at all aspects of the development including the drainage. 

Commissioner Goga made a motion “To recommend approval for the rezoning to District ““R-1”” (Single Family Dwelling) to unite the property under one district.”  Seconded by Commissioner McCracken.  All voted “AYE”, passing the motion by a vote of 5-0-0

F.  CASE:  Z-05-0653(A) associated with Case S-05-0910(A).  PETITIONER:  Herrell Realty, Inc., 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 “R-1” (Single Family Dwelling); which, if approved, would allow the property to be used/developed for single family homes.  TOTAL AREA:  ±13.786 acres.  LOCATION:  4160 N. Scenic Drive.  CURRENT LEGAL:  A tract of land in Lot 2A, Replat A, Cottonwood West, Alamogordo, Otero County, New Mexico, and in Lot 16, Section 6, T16S, R10E, NMPM, all described by metes and bounds as follows:  Beginning at the Northwest corner of said Lot 16 and going South 89 degrees 14 minutes 47 seconds East along the North line of said Lot 16 a distance of 696.99 feet; thence South 00 degrees 33 minutes 40 seconds West a distance 815.35 feet; thence South 89 degrees 55 minutes 13 seconds West a distance of 532.80 feet; thence South 06 degrees 09 minutes 02 seconds East a distance of 206.00 feet; thence North 84 degrees 39 minutes 12 seconds West a distance of 177.58 feet; thence North 00 degrees 04 minutes 47 seconds West a distance of 1013.48 feet to the said place of beginning.  CURRENT ZONE:  District “C-3” (Business).  RECOMMENDATION:  Approval of the rezoning, with the requirement that the developer provide an eight foot (8') tall noise attenuating barrier (i.e. block wall) on the west side of this property for the protection of an adjacent pre-existing business. 

Ms. Few stated Herrell Realty, Inc., owns Lot 2a, Replat A, Cottonwood West in Alamogordo.  Rezoning of an abutting 80 foot drainage easement is also sought (the ownership of this easement is to be determined with the subdivision of the property).  The proposed rezoning will allow the property to be used/developed for approximately forty-six (46) single family homes.  The property, 4160 N. Scenic Drive, is zoned District “C-3” (Business).  The proposed zoning will continue single family zoning from the east.  The 2000 Comprehensive Plan designates this property to be developed as commercial/residential and high density residential/offices.  The requested zoning will not conform to the Comprehensive Plan.  If approved it will increase the potential for conflict between new residential uses and existing commercial development (truck stop, UPS, etc.) that creates noise, requires lighting, and operates under extended hours.  Pursuant to Section 2901020, 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 November 20, 2005, in the Alamogordo Daily News, and thirty-eight (38) notices were mailed to property owners within the 200 foot legal protest area on November 18, 2005.  Thirty-two (32) protests to the requested rezoning have been received.  Nine (9) of the protests are from residents and/or owners located outside the legal protest area (LPA).  One (1) protest is from the occupant of "Tract A" within the LPA, and four (4) protest from property owners within the LPA. The major concern noted in these protest is the potential conflict of uses between new residential units abutting, or in close proximity, to existing business uses that operate after dark and create noise and require lighting.  The deadline for the receipt of protests by the City Planner is 10:00 a.m. on December 7, 2005.  Approval of the rezoning to District "“R-1”" (Single Family Dwelling), with the requirement that the developer provide an eight foot (8') tall noise attenuating barrier (i.e. block wall) on the west side of this property for the protection of an adjacent pre-existing business, is recommended.

Mr. Klad Zimmerle, P.L.S., Alamotero Land Surveys, assured the residents of Cottonwood Heights, the development that Mr. Herrell is proposing will enhance their property values.  This development is not a low income development.  The lots themselves are eight feet (80’) by one hundred and eight feet (108’), and the corner lots are ninety-five feet (95’) by one hundred and eight feet (108’).  The homes in the development are going to be close to $250,000 to $350,000.  The developer has no problem placing an eight foot (8’) wall to the west and south ends of the property, which will be a requirement for the builders.  There is an exterior alley around the development.  There is already a wall erected on the south end of the property, screening out the parking area for the Texico.  The area of UPS affects approximately the first four (4) lots of the subdivision.  Everything else is north and east of UPS.   

Chairman Sanders asked how the eight (8’) foot fence would affect the four (4) lots near UPS.  Mr. Zimmerle believes the wall will be more than adequate to separate the homes from the UPS facility.   

Commissioner Marshall asked if this development would be low income housing.  Mr. Zimmerle assured that it would not be, the new development will be higher end houses than the ones that are there now.  Commissioner Marshall asked how the developer will address the concerns of UPS.  Mr. Zimmerle stated the noise and lighting will be shielded with the eight foot (8’) wall and the UPS will have to comply with the City’s Lighting ordinances if they replace any lighting.   

Ms. Elizabeth (Faye) Sinclair asked where the proposed wall would be in the area.  Mr. Zimmerle showed Ms. Sinclair the map of the area, and where the wall would be.  Ms. Sinclair stated she is concerned with the drainage in the area, and of homes flooding when it rains.  Ms. Few assured that the City Engineer and the developer’s Engineer are working on the drainage issue, and all drainage will be resolved before the final plat is approved for the development.   

Ms. Liliana Merrick, 3934 Treawood, stated her concerns about the development being put up near a truck stop.  She believes the developer will have trouble selling the houses, because they are next to a truck stop.  Mr. Zimmerle stated he believes there will not be a problem with the houses selling.  

Mr. Frank Bishop, 3891 Basswood, stated he was concerned about the variances of the subdivision not having any alleys.  Ms Few stated that was not an issue with the re-zoning, the re-zoning is strictly the use of the land.  Mr. Bishop stated he was concerned that the eight foot (8’) wall would not be enough to screen out activity from the truck stop.  Chairman Sanders advised that the issue is only for the zoning, not for the noise issue. Ms Few stated that all these issues are not for the zoning, if any residents would like to stay for the subdivision case later on the agenda, they are welcome to voice their opinion on then. 

Commissioner Marshall stated this particular case is only for the zoning, once it is approved to re-zone to “R-1”, the developer still needs to come back to the Commission to get approval on the plats.  Issues that are being brought up by the residents are pre-existing which cannot be changed by the Planning and Zoning Commission. 

Mr. Jesus Torres, 3612 Basswood, stated he is concerned about the drainage issues in the area, and also the size of the new development compared to the existing neighborhood.  Mr. Zimmerle assured that there are engineers working on the project to fix all drainage issues.   

Mr. Chuck Gonzales, 3881 Basswood, stated that he was concerned that the eight foot (8’) foot wall would not be large enough to screen out the activity of the truck stop.  He also wanted clarification of why the City allowed the property to be rezoned before the engineers determine if the drainage issues can be worked out or not.  Ms. Few stated if this is approved to be re-zoned, at this point only one house may be placed on the property.  In order for the property to be subdivided, the drainage issues must be worked out, and the plats must be approved by the Planning and Zoning Commission   

Mr. John Andrew, 3871 Basswood, stated he was concerned about the dust issues that will be made from the new construction, and wanted to know what the requirements were for the developers to follow, and how they are enforced.  Ms. Few stated there is no requirement for any property owner that prohibits someone from clearing their own land.  If the land is under construction for a subdivision or large buildings there are requirements for dust containment, however those requirements are not through the Planning Office for Ms. Few to give the details about.  Ms. Few explained to the residents if they would like to contact her office, she would give them the correct contact information to learn about the dust requirements.   

Mr. Frank Bishop asked for clarification on where the wall would be placed.  Mr. Zimmerle stated the wall will be along the north, south, and west property lines.   

Mr. Jeff May, 3640 Rosewood, asked if there is an assurance of the proposed homes being purchased.  Mr. Zimmerle stated he could not make a prediction of the market.  Mr. May asked how many square feet the homes would be.  Mr. Zimmerle stated the homes would be approximately twenty five hundred (2500) to three thousand (3000) square feet.  Mr. May believes the size of the homes is too large for the area, and for the lots they are to be placed in.  Mr. Zimmerle informed Mr. May the building size is only one third of the lot size.   

Ms. Katherine Davis, 3506 Mosswood, asked if there would be any area for a park or playground for the children of the area.  Mr. Zimmerle stated there is a requirement for public land dedication.  There has not been a determination on how the public land dedication will be used.  Ms. Few clarified that in this area, the additional right-of-way on Scenic Drive and drainage channels have been taken for public land dedication for the entire area, therefore there will be no requirement for public land dedication. 

Commissioner Goga made a motion “To recommend approval of  the rezoning to District “R-1” (Single Family Dwelling), with the requirement that the developer provide an eight foot (8’) tall noise attenuating barrier (i.e. block wall) on the west side of this property for the protection of an adjacent pre-existing business.”  Seconded by Commissioner Marshall.  All voted “AYE”, passing the motion by a vote of 5-0-0 

G.  Close Public Hearing. 

Chairmand Sanders called a ten (10) minute recess at 4:20 PM.

The meeting was called back to order at 4:20 PM.

Commissioner McCracken left the meeting at 4:30 PM.

5.  SUBDIVISIONS.

A.  CASE:  S-05-0902(A) continued from November 2, 2005 – and associated with Case Z-05-0649(A).  PETITIONER:  Tool Box, LLC, owner, by Klad Zimmerle, P.L.S., agent.  REQUEST:  Approval of the final plat of HERMOSA EL SOL SUBDIVISION, UNIT 2, for fifty-nine (59) lots; with variances on the construction and installation of alleys, and on the dedication of drainage easements as public land; with all utilities, paved streets and public access; located within the City of Alamogordo.  TOTAL AREA:  ±15.431 acres.  LOCATION:  West of Hermosa El Sol Subdivision.  CURRENT LEGAL:  Tract 1A, Lands of Malone, Replat A.  CURRENT ZONE:  District "R-1" (Single Family Dwelling).  RECOMMENDATION:  Table consideration of the final plat with the required plat/design modifications pending receipt and resolution of layout and all engineering issues.

Chairman Sanders stated this case has been withdrawn by Mr. Klad Zimmerle, P.L.S.

B.  CASE:  S-05-0903(A) continued from November 2, 2005.  PETITIONER:  Bella Vista, LLC, owner, by Klad Zimmerle, P.L.S., agent.  REQUEST:  Approval of the final plat of BELLA VISTA SUBDIVISION, for 157 lots; with a variance on the dedication of public land; with all utilities, paved streets and public access; located within the City of Alamogordo.  TOTAL AREA:  ±46.609 acres.  LOCATION:  North of Cottonwood Heights Estates west of N. Florida Avenue.  CURRENT LEGAL:  A tract of land in Lots 13 and 14, Section 6, T16S, R10E, NMPM, and Lots 1 and 2, Two Quarter Circle Arabian Ranch, Otero County, New Mexico, described as follows:  Beginning at the Southeast corner of said Lot 13 and going North 89 degrees 14 minutes 27 seconds West along the south line of said Lot 13 a distance of 1580.05 feet; thence North 00 degrees 19 minutes 44 seconds East a distance of 725.10 feet; thence along the arc of a curve to the left whose central angel is 180 degrees 33 minutes 18 seconds and whose radius is 200.00 feet and whose chord bears North 32 degrees 06 minutes 06 seconds East an arc distance of 630.26 feet; thence North 00 degrees 19 minutes 44 seconds East a distance of 263.93 feet; thence South 89 degrees 18 minutes 52 seconds East a distance of 1368.84 feet; thence South 00 degrees 18 minutes 30 seconds West a distance of 1132.35 feet; thence North 89 degrees 50 minutes 00 seconds East a distance of 412.20 feet; thence South 24 degrees 59 minutes 02 seconds West a distance of 220.94 feet thence South 89 degrees 50 minutes 00 seconds West a distance of 319.96 feet to the said place of beginning.  CURRENT ZONE:  District "R-1" (Single Family Dwelling).  RECOMMENDATION:  Table consideration of the final plat, pending receipt and resolution of all engineering issues. 

Chairman Sanders stated this case has been withdrawn by Mr. Klad Zimmerle, P.L.S.

C.  CASE:  S-05-0904(A) continued from November 2, 2005.  PETITIONER:  Quail Hollow, LLC, owner, by Klad Zimmerle, P.L.S., agent.  REQUEST:  Approval of the final plat of QUAIL HOLLOW SUBDIVISION, for 138 lots; with a variance on the construction and installation of alleys on interior lots; with all utilities, paved streets and public access; located within the City of Alamogordo.  TOTAL AREA:  ±37.691 acres.  LOCATION:  Ocotillo Drive south of Mission Hills Unit 2.  CURRENT LEGAL:  A tract of land in the East half Southwest quarter of Section 29, T16S, R10E, NMPM, Alamogordo, Otero County, New Mexico, described by metes and bounds as follows:  Starting at the South one-quarter corner of said Section 29 and going North 89 degrees 24 minutes 45 seconds West along the South line of said Section 29 a distance of 500.28 feet to the place of beginning of the tract of land herein described; thence continuing North 89 degrees 24 minutes 45 seconds West a distance of 166.76 feet; thence North 00 degrees 00 minutes 14 seconds East a distance of 664.39 feet; thence North 89 degrees 31 minutes 44 seconds West a distance of 333.43 feet; thence South 00 degrees 00 minutes 41 seconds West a distance of 577.92 feet; thence North 64 degrees 24 minutes 49 seconds West a distance of 369.70 feet; thence North 00 degrees 01 minutes 09 seconds East a distance of 1438.53 feet; thence South 89 degrees 58 minutes 55 seconds East a distance of 1334.09 feet; thence South 00 degrees 01 minutes 16 seconds West a distance of 1028.08 feet; thence North 89 degrees 31 minutes 44 seconds West a distance of 500.52 feet; thence South a distance of 664.73 feet; to the said place of beginning.  CURRENT ZONE:  District "R-1" (Single Family Dwelling).  RECOMMENDATION:  Table consideration of the final plat pending receipt and resolution of all engineering and layout issues.

Chairman Sanders stated this case has been withdrawn by Mr. Klad Zimmerle, PLS.

D.  CASE:  S-05-0905(A) Continued from November 2, 2005 – associated with Case Z-05-0649(A).  PETITIONER:  Tool Box, LLC, Jim Lynch, and Timothy D. S. Edman, owners, by Klad Zimmerle, P.P.L.S., agent.  REQUEST:  Approval of the final plat of LOMA VISTA SUBDIVISION, REPLAT D, for three (3) lots; with the vacation and abandonment of Monterrey Drive and two alleys; with variances on the construction and installation of alleys, on the dedication of public land, and from Section 2201140(b)(1) relating to drainage plans; with all utilities, paved streets and public access; located within the City of Alamogordo.  TOTAL AREA:  ±3.747 acres.  LOCATION:  East of S. Canyon Road, Loma Vista Drive and Palo Verde Drive.  CURRENT LEGAL:  Lots 1-6, Block 1, Lots 1-3, Block 2, Loma Vista Subdivision and Lots 13A – 19A, Block 2, Loma Vista Subdivision, Replat A.  CURRENT ZONE:  Districts “R-1” (Single Family Dwelling),"MH-1" (Manufactured Housing), and “C-1” (Neighborhood Business).  RECOMMENDATION:  Table consideration of the final plat of LOMA VISTA SUBDIVISION, REPLAT D, pending receipt and resolution of all engineering issues.

Ms. Few Stated the final plat of LOMA VISTA SUBDIVISION, REPLAT D, with the required plat/design modifications, was tabled pending receipt and resolution of all engineering issues (5-0-0) by the Planning and Zoning Commission at its November 2nd meeting.  Tool Box, LLC, Jim Lynch, and Timothy D. S. Edman own Lots 1-6, Block 1, Lots 1-3, Block 2, Loma Vista Subdivision and Lots 13A – 19A, Block 2, Loma Vista Subdivision, Replat A, within the City of Alamogordo.  Approval of the final plat of LOMA VISTA SUBDIVISION, REPLAT D, for the vacation of streets and combining of the property into three (3) lots is requested.  The property is zoned Districts “R-1” (Single Family Dwelling),"MH-1" (Manufactured Housing), and “C-1” (Neighborhood Business).  The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban).  Through alleys, having a width of twenty feet (20'), are required in each block.  Two (2) alleys are being vacated in favor of the property owners with no compensation to the City.  The minimum building setback line on all lots and other sites is required to be shown on the plat.  The minimum setback lines need to be shown on the plat.  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, is required.  The design, data and calculations certified by a registered engineer are required to be provided and approved by staff.  This area is prone to flooding problems and the study is needed.  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.  In addition, the plat vacated Monterrey Drive, in favor of the owners of proposed Lot 1D and 2D, without compensation to the City.  It appears that the division of the right-of-way should have included additional land for the owner of Lot 4, Block 2, Loma Vista Subdivision.  A variance to the public land dedication is not supported.  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 variance has been requested by the developer regarding improvements on Loma Vista Drive, on Canyon Road, and on Palo Verde Drive.  Palo Verde Drive is a penetration surface without curb, gutter or sidewalk.  Development of this street may not be feasible because of the small distance that would be improved. A Waiver of Protest Agreement has been drafted for this street.  Canyon Road needs improvement (curb, gutter, etc.) but there were no plans submitted from which an engineering evaluation would be made.  Loma Vista is a dirt road.  Tool Box LLC owns the property on both sides of the street.  East of Canyon road, Loma vista Drive connects to Sierra Blanca Drive and Palo Verde Drive.  Development of the road (curb, gutter, paving, etc.) is required to public road standards.  Construction details are needed for the roadway and a Subdivider's Contract has been drafted.  The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required.  No plans were submitted.  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 has been drafted for the completion of improvements.  The final engineering plans that were due on October 3, 2005 for the November P&ZC meeting and due on November 7, 2005 for the December P&ZC meeting have not been received as of the date of this report (11/22/05).  It is recommended that final plat approval be postponed until the applicant submits the final engineering plans, as required by ordinance, for staff to review.  Table consideration of the final plat of LOMA VISTA SUBDIVISION, REPLAT D, pending receipt and resolution of all engineering issues is recommended.

Mr. Klad Zimmerle, P.L.S. stated the development for this property will be storage units with no infrastructure, which is the reason on why the engineering plans have not been done.  The facility will be secured with a security fence, and there will be limited access to the property.  He requested to approve the replat and be allowed to submit the engineering plans at building permit stage. 

Ms. Few stated the developer is requesting a variance regarding improvements on Palo Verde Drive, Loma Vista Drive, and Canyon Road.  Palo Verde Drive is a penetration surface without curb, gutter, or sidewalk.  Improvements on this street may not be feasible due to the small area that would need to be improved.  There is a protest agreement prepared for this street.  Canyon Road needs improvement, but there are no engineering plans submitted for which improvements would be made.  Loma Vista Drive is a dirt road, which Tool Box owns the property on both sides of the street.  Development of the road; curb, gutter and paving is required by public road standards.  Constructions of these details are needed for the roadway and a Subdivider’s Contract has been drafted.  These requirements were placed from both the Public Works Department and the Engineering Department.  Both departments are requesting the engineering report prior to the approval of the subdivision plat. 

Mr. Zimmerle stated this will be a locked facility that will have one entrance.  Traffic will not increase on any road except possibly on Canyon Road.  There will be improvements for Canyon Road on the drainage plans and the site plan when there is an idea of what Canyon Road needs to be developed as, which will be done at the permit stage.   

Commissioner Gardiner asked for clarification if only storage units would be developed on the property, and if anything was there on the property now.  Mr. Zimmerle stated that this would only be for storage units, and at this time it is an empty lot.   

Commissioner Goga asked if this was known last month, that the City needed the engineering plans, which was the reason this was tabled last month.  Mr. Zimmerle stated this was the issue last month, and is requesting for those plans to be submitted at building permit stage.  Commissioner Goga stated the drainage may affect the surrounding properties even though this is only storage units.  Mr. Zimmerle stated they are trying to just get the Subdivision in place, so they can get the architect and engineer plans. 

Commissioner Marshall asked if they could get any plans without the approval of the subdivision.  Mr. Zimmerle stated that he has to have the replat approved first.   

Commissioner Goga asked if there would be any access to Loma Vista Drive or Palo Verde Drive.  Mr. Zimmerle stated the streets would not  be accessed, and they want to have Loma Vista Drive vacated as an alley.   

Mr. Doug Nelson, Tool Box, LLC, stated on the first phase of construction, he submitted the engineering plans at the time of building permit, and he was hoping to follow the same path with this phase.  There are no high drainage issues on the property; there is a clear drainage channel on the front property line.  There have been drainage concerns in the area; however they have not been created by this property.  Mr. Nelson believes these concerns can be addressed after approval of the replat.   

Commissioner Marshall asked if Loma Vista Drive would be used to access the storage units.  Mr. Nelson stated that it would not be used at all.  Access to the storage units is off of Canyon Road.  Mr. Nelson stated that he would improve Canyon Road; however there are no plans from the City stating what is wanted in the area.   

Ms. Few stated at the last Planning and Zoning meeting Mr. Zimmerle and Mr. Nelson both stated they wanted Loma Vista vacated to an alley, and yet no paperwork has been received requesting for the change.  Sierra Blanca Drive is a roadway that runs north to south.  There are residents that used this road to access their property.  Sierra Blanca is used by the trash collection, which exit on Loma Vista.  Public Safety noted that Loma Vista is needed as an exit for Sierra Blanca.  If Loma Vista were vacated, Palo Verde, Del Norte, and Sierra Blanca would be in violation for the length of dead end roads.  Mr. Nelson owns Block 6, lots 1 through 9 on the north side of Loma Vista Drive, and he will own the entire south side of Loma Vista from Canyon Road to Del Norte, with the exception of one (1) lot, which is the reason the City is requesting Mr. Nelson to improve Loma Vista Drive.  This request has come from the directors of Public Works, Engineering, and Pubic Safety.  No attempt has been made by the developer in the last month to work with the City on their concerns.  Mr. Nelson stated he prefers that the Commission not table this, to either approve or deny the variance and let this go the City Commission meeting on December 20, 2005. 

Mr. Timothy Edman stated he owns the corner lot of Palo Verde and Canyon Road, 409 South Canyon Road.  He believes the City should vacate Loma Vista Drive to an alley designation.  He is concerned about the taxes it would cause the residents in the area if Loma Vista was to be improved.

Chairman Sanders asked Mr. Dean Hunt, P.E., if the engineering plans for the first phase were allowed to be submitted at building permit stage.  Mr. Hunt stated he does not remember the engineering plans, but he does believe Mr. Nelson is accurate.  Chairman Sanders asked if there would be a problem if the drainage report was submitted at the time of permit.  Mr. Hunt stated he does not normally review building permits, but if he did receive the drainage report at the same time, he believes that would work.  Chairman Sanders asked Mr. Hunt on his view of paving Loma Vista.  Mr. Hunt stated he believes Loma Vista is used to access lots in the area.  The development of the road is normally done by the land developer, and he believes Loma Vista Drive does need to be improved.  Chairman Sanders asked what City departments requested that Loma Vista Drive be improved.  Ms. Few stated that Public Works has stated that Loma Vista Drive should be improved public road standards along the frontage of the property.  Ms. Few stated the reason Mr. Nelson was not required to improve Loma Vista during his first phase of construction, is because he was not the owner of the south side of the roadway.   

Commissioner Marshall made a motion “To approve the final plat of the Loma vista Subdivision, Replat D, and all engineering issues to be resolved by building permit.”  Motion died for lack of second. 

Commissioner Goga made a motion “To table consideration of the final plat of Loma Vista Subdivision, Replat D, pending receipt and resolution of all engineering issues.”  Seconded by Commissioner Gardiner Commissioner, McCracken, and Commissioner Gardiner voted in favor of the motion, and Commissioner Marshall and Chairman Sanders against the motion.  The result of this motion is to be determined by the City Attorney.

E.  CASE:  S-05-0908(A).  PETITIONER:  William H. Glidden and Mary E. Glidden, owner, by Klad Zimmerle, P.P.L.S., agent.  REQUEST:  Approval of the final plat of VISTA DE LAS ESTRELLAS SUBDIVISION, REPLAT A, for three (3) 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 2201140(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:  ±6.752 acres.  LOCATION:  Old El Paso Highway at Simon Lane.  CURRENT LEGAL:  Lot 1, Vista del Las Estrellas.  CURRENT ZONE:  No zoning, outside the City.  RECOMMENDATION:  Approval of the final plat, with the requested variances (on alleys, on public land dedication, and on the construction of utilities and streets to City standards).

Ms. Few stated William H. Glidden and Mary E. Glidden own Lot 1, Vista de Las Estrellas Subdivision.  Division of the property into three (3) lots, each at least 1.9 acres, is proposed together with dedication of rightsofway.  The property has no zoning since it is located outside the City of Alamogordo.  The 2000 Comprehensive Plan does not include this portion of the extraterritorial jurisdiction and, therefore, it contains no recommendation as to the development of the property.  Through alleys, having a width of twenty feet (20') are required in each block. A variance to this requirement has been requested by the applicant.  As the subdivision is located outside the City of Alamogordo and will be developed to Otero County standards, approval of this variance is supported by staff.  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 this 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 Technical Standards and the subdivider shall be required to enter into a contract with the City for the construction of such improvements. Private wells, individual septic tank systems, and gravel streets are proposed for the subdivision.  A variance from the requirements of the City's development standards has been requested.  Otero County and the City of Alamogordo shall exercise concurrent jurisdiction over territory within the five mile platting jurisdiction of both the county and the municipality.  The subdivision will be considered by the County Planning Commission.  Approval of the final plat of VISTA DE LAS ESTRELLAS SUBDIVISION, REPLAT A, with the requested variances (on alleys, on public land dedication, and on the construction of utilities and streets to City standards) is supported by staff

Mr. Klad Zimmerle, P.L.S., stated this is a replat in the Ora Vista area, generating a couple new lots.

Commissioner Gardiner made a motion “To recommend approval of the final plat of Vista De Las Estrellas Subdivision, Replat A, with the requested variances (on alleys, on public land dedication, and on the construction of utilities and streets to City standards).”  Seconded by Commissioner Goga.  All voted “AYE”, passing the motion by a vote of 4-0-0 

F.  CASE:  S-05-0909(A) associated with Case Z-05-0652(A).  PETITIONER:  Suleiman Hawash, owner, by Klad Zimmerle, P.P.L.S., agent.  REQUEST:  Approval of the final plat of DESERT SANDS SUBDIVISION, for seventy-six (76) lots; with the vacation and abandonment of Aircraft Road and Beacon Road; with the renaming of Industrial Road to Desert Sand Drive; 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:  ±18.077 acres.  LOCATION:  West of Airport Road, South of Industrial Road.  CURRENT LEGAL:  Lots 7 through 16, Airport Industrial Subdivision.  CURRENT ZONE:  District “R-1” (Single Family Dwelling), District "M-2" (Industrial), and District “C-3” (Business).  RECOMMENDATION:  Table consideration of the final plat, pending receipt and resolution of all engineering issues.

Ms. Few stated Suleiman Hawash owns Lots 7 through 16, Airport Industrial Subdivision, within the City of Alamogordo.  Approval of the final plat of DESERT SANDS SUBDIVISION, a replat of Alamogordo Industrial Subdivision, for 76 lots is requested.  The property, West of Airport Road, South of Industrial Road, is zoned District “R-1” (Single Family Dwelling), District "M-2" (Industrial), and District “C-3” (Business).  Rezoning of the property to allow single family housing and to consolidate it into on district classification is being considered under Case Z-05-0652(A).  The 2000 Comprehensive Plan designates this property to be developed as commercial/retail and heavy industrial.  The proposed use and rezoning of the property will not conform to the adopted Comprehensive Plan.  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 has been prepared.  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 following street names are approved (as modified) for use in the subdivision:  Desert Cactus Drive, Desert Sage Drive, and Sun View Lane.  The name Desert Sand Drive is not approved for use in this subdivision as it conflicts with Desert Sands Circle, Desert Sands Drive and Desert Sands Road in the City's extra-territorial jurisdiction.  The proposed use of Desert Sand Drive also renames Industrial Road by replat.  As such, it should be included within the boundaries of the replat.  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.  However, Public Safety, both Police and Fire, operations in subdivisions without alleys have the potential to be extremely more hazardous and difficult when access to the rear of structures is limited by the lack of an alley.  Water mains with fire hydrants should be installed in all area within the City of Alamogordo and whenever possible in those areas within the extraterritorial jurisdiction of the City.  The name and rightofway width of each street or other rightofway on or adjacent to the tract are required on the plat.  The platting of lots and streets to east of the subdivision must be included on the plat.  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.  The design, data and calculations certified by a registered engineer are required to be provided and approved by staff.  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.  0.901 acre of land is included on the plat for public land dedication to the City of Alamogordo 0.68 acre is required to comply with the dedication requirement.  The installation of street improvements, in accordance with the "Technical Standards" is required.  A Waiver of Protest Agreement has been drafted for the paving on Airport Road.  See comment 13 below.  The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required.  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 has been drafted for the completion of improvements.  Final engineering plans were due on November 7, 2005 with the application for final plat approval.  The plans have not been submitted for review as of the time of this report.  It is recommended that final plat approval be postponed until the applicant submits final engineering plans for staff to review.  The following recommendations are based on the preliminary plans that were submitted:  (A.) Desert Sands Drive is paved to City standard (full width).  (B). The road connection from the development to Airport Road be aligned with either Lindberg Avenue or Discovery Avenue in order to avoid off-set intersections.  (C). Direct access to Airport Road from the Lots 1-11 should be prohibited.  The fact that access is prohibited should be indicated on the plat.  (D) The northeast corner of Lot 1 should be rounded to provide for the street radius.  (E.) The applicant is proposing a lift station and force main to provide sewer line service for the development.  Lift stations have a higher operation and maintenance (O&M) cost than the traditional gravity sewer system of service.  The establishment of lift stations should be discouraged, especially when they serve a relatively small number of customers.  The reasoning behind this recommendation is that it is more costly to maintain numerous small lift stations than it would be to maintain one large lift station serving the same area as the small lift stations.  If the proposed lift station is approved than the O&M cost for the lift station should be distributed over the customers served by it.  In addition a plan should be developed where ultimately the lift station can be decommissioned.  Easements to provide for the ultimate decommissioning of the lift station should be provided at this time.  Table consideration of the final plat of DESERT SANDS SUBDIVISION, pending receipt and resolution of all engineering issues is recommended.

Mr. Dean Hunt, P.E., stated he was comfortable with the preliminary plat approval, he has discussed the drainage issues with the developer’s engineer, and they will be able to work out those issues.   

Mr. Eddie Livingston, P.E., Livingston & Associates, stated all the staff concerns can be met before this is taken to the City Commission.   

Commissioner Marshall made a motion “To recommend approval only on the preliminary plat with conditions that all engineering issues are determined before the final plat.”  Seconded by Commissioner Gardiner.  All voted “AYE”, passing the motion by a vote of 4-0-0 

G.  CASE:  S-05-0910(A) associated with Case Z-05-0653(A).  PETITIONER:  Herrell Realty, Inc., owner, by Klad Zimmerle, P.P.L.S., agent.  REQUEST:  Approval of the final plat of COTTONWOOD WEST SUBDIVISION, REPLAT B, for forty-seven (47) lots; with variances on the construction and installation of interior alleys, on the dedication of public land; with all utilities, paved streets and public access; located within the City of Alamogordo.  TOTAL AREA:  ±18.146 acres.  LOCATION:  4100, 4130, and 4160, N. Scenic Drive.  CURRENT LEGAL:  Lots 2A, 3A, and 4A, Cottonwood West Subdivision, and the 80 foot drainage easement located north of the subdivision.  CURRENT ZONE:  District “C-3” (Business).  RECOMMENDATION:  Table consideration of the final plat, pending receipt and resolution of all engineering and layout issues.

Ms. Few stated Herrell Realty, Inc., owns Lots 2A, 3A, and 4A, Cottonwood West Subdivision within the City of Alamogordo.  Approval of the final plat of COTTONWOOD WEST SUBDIVISION, REPLAT B, is requested.  This subdivision includes an eighty foot (80') drainage easement which belongs to the City of Alamogordo.  The subdivision is for the development of forty-seven (47) lots.  Final engineering plans were due on November 7, 2005 with the application for final plat approval.  The plans have not been submitted for review as of the time of this report (11/22/05).  It is recommended that final plat approval be postponed until the applicant submits the final engineering plans for staff to review.  The property, 4100, 4130, and 4160, N. Scenic Drive, is zoned “C-3” (Business) District.  Rezoning of the property to District “R-1” (Single Family Dwelling) has been requested under Case Z-05-0653(A).  The 2000 Comprehensive Plan designates this property to be developed as hg density residential/offices and commercial/retail.  The proposed uses will not conform to the master plan and will place single family residential use against existing high intensity commercial development 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 street names of Cordova Loop (should be split into 4 different street names) and Soledad Way is approved for use in this subdivision.  It is recommended that Cordova Loop be split into 4 different street names.  Through alleys, having a width of twenty feet (20'), are required in each block.   Variances to the requirement of alleys on the internal streets are requested. Public Safety, both Police and Fire, operations in subdivisions without alleys have the potential to be extremely more hazardous and difficult when access to the rear of structures is limited by the lack of an alley.  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.  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 Planning and Zoning 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 plat incorporates (takes) the eighty foot (80') wide drainage easement (which is still needed) that was dedicated to as part of the public land dedication with the original plat.  A variance to the public land dedication requirement has been requested on the application.  The installation of street improvements, in accordance with the "Technical Standards" is required.  More than one entrance/exit is needed for this subdivision.  An incident (fire/police) in Lots 1, 2, 3, 4 or 30 would prevent evacuation of the subdivision.  Plans for the development of Burn Boulevard need to be provided.  The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required.  Final plans are required.  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 has been drafted for the completion of improvements.  The following recommendations are based on the preliminary plans that were submitted.  The vacation of the drainage easement on the north side of the proposed development is not recommended.  The easement will be needed for storm water flows from areas to the north and east of this development.  For example, the easement will be needed for storm water flows from Bella Vista development to east of this development.  Table consideration of the final plat of COTTONWOOD WEST SUBDIVISION, REPLAT B, pending receipt and resolution of all engineering and layout issues is recommended.

Mr. Dean Hunt, P.E., stated he was under the impression that there was a drainage easement along the north property line at the time of his report.  He has learned that there is not an easement, therefore he believes there is nowhere for the water to go except through the alleys.  The drainage is a big concern for the development, and needs to be worked before the plat is approved.  Ms. Few stated she will keep the staff recommendation, to table consideration of this subdivision to allow all the drainage issues to be processed.   

Mr. Klad Zimmerle proposed to approve the preliminary plat so the developer can keep moving forward with the development.  The developers are concentrating on different subdivisions; which would place this back  to the Commission in February.  They are working on alternate safe ways out of the subdivision that will be discussed with staff.  There are drainage issues to work that can be solved with the seven hundred foot (700’) long and eighty foot (80’) wide City drainage easement which could be developed that remains in the area. 

Ms. Elizabeth Sinclair stated she was concerned about the drainage issues in the neighborhood.  Ms. Few clarified that the City Engineer and the developer’s engineer are working on all drainage issues for the development.  They just received new information that they need to work on and it is a recommendation to table this until these issues have been worked out.   

Mr. Livingston stated the drainage management has been designed in accordance of the City of Alamogordo subdivision regulations.  The detention basin that is proposed would be placed within the existing drainage easement to the east of Cottonwood West.  Flows would be collected into that detention basin, and the discharge of the detention basin would be analyzed to ensure the outflow would match the historical flows. 

Mr. Chuck Gonzales stated he believes that this should be tabled until all drainage issues are solved.   

Mr. John Andrews stated he is concerned about the drainage as well and is afraid if this new subdivision is developed that the streets in the area will flood.   

Commissioner Gardiner made a motion “To table consideration of the preliminary plat of Cottonwood West Subdivision, Replat B, pending receipt and resolution of all engineering and layout issues.”  Seconded by Commissioner Goga.  All voted “AYE”, passing the motion by a vote of 4-0-0

H.  CASE:  S-05-0911(A).  PETITIONER:  Mesa Verde Ranch Partnership, owner, by Margaret Dubbin, P.E., agent.  REQUEST:  Approval of the pre-preliminary plat of MESA VERDE RANCH ESTATES SUBDIVISION, for a mixed development master plan; with a variance on the construction and installation of alleys; with all utilities, paved streets and public access; located within the City of Alamogordo.  TOTAL AREA:  ±372.48.  LOCATION:  West of Charlie Lee Memorial Relief Route.  CURRENT LEGAL:  A tract of land located within Sections 11, 12, 13 and 14 Township 16 South, Range 9 East, N.M.P.M., of the U.S.G.L.O. surveys, Otero County, New Mexico.  BEGINNING at the Northeast corner of the tract herein described, marked by a found highway right-of-way aluminum cap WHENCE COA 23-1996 marked by a brass cap set in concrete found at the Southwest corner of Eddy Drive and Alamotero Road, bears South 65 degrees 58 minutes 28 seconds E, a distance of 6589.17 feet and having New Mexico Central Zone 3002, NAD 83 and NADV 88, State Plane Coordinates: Northing of 702943.99, Easting of 1727377.49 and an Elevation of 4415.31 feet; THENCE from the point of beginning and along the West line of the Alamogordo Relief Route and the East side of a wire fence South 36 degrees 31 minutes 06 seconds West, a distance 183.72 feet to an angle point of the tract herein described, marked by a found highway right-of-way aluminum cap; THENCE South 53 degrees 28 minutes 54 seconds East, a distance 50.00 feet to a point of curvature of the tract herein described, marked by a found highway right-of-way aluminum cap; THENCE through the arc of a curve to the left having a central angle of 55 degrees 58 minutes 04 seconds and who's long chord bears South 08 degrees 40 minutes 09 seconds West, a distance of 1433.08 feet, having a radius of 1527.08 feet and an arc length of 1491.69 feet to a point of tangency of the tract herein described, marked by a found iron rod; THENCE South 19 degrees 15 minutes 30 seconds East, a distance 727.56 feet to a point of curvature of the tract herein described; THENCE through the arc of a curve to the right having a central angle of 02 degrees 44 minutes 07 seconds and who's long chord bears South 17 degrees 39 minutes 17 seconds East, a distance of 298.55 feet, having a radius of 6254.18 feet and an arc length of 298.57 feet to a point the Southeast corner of the tract herein described, marked by a found highway right-of-way aluminum cap; THENCE leaving said right-of-way and along the North side of Mesa Verde Ranch Road and the South side of said wire fence South 62 degrees 18 minutes 41 seconds West, a distance of 52.37 feet to an angle point of the tract herein described, marked by a found highway right-of-way aluminum cap; THENCE South 83 degrees 03 minutes 36 seconds West, a distance of 156.85 feet to an angle point of the tract herein described, marked by a found highway right-of-way aluminum cap; THENCE South 86 degrees 05 minutes 28 seconds West, a distance of 388.08 feet to an angle point of the tract herein described, marked by a found highway right-of-way aluminum cap; THENCE leaving said fence South 00 degrees 02 minutes 42 seconds West, a distance of 30.00 feet to an angle point of the tract herein described at the center of said road; THENCE along the center of said road North 89 degrees 56 minutes 19 seconds West, a distance of 2262.98 feet to an angle point of the tract herein described, marked by a found iron pipe buried 1.00± feet beneath the center of said road; THENCE South 89 degrees 28 minutes 25 seconds West, a distance of 2671.98 feet to the Southwest corner of the tract herein described; THENCE leaving said road and along the West side of a wire fence North 00 degrees 09 minutes 36 seconds East, a distance of 2664.60 feet to the Northwest corner of the tract herein described, being now on the east side of said fence, marked by a found ½ inch iron rod with cap having the number NMPS 8334; THENCE along the South side of a wire fence North 89 degrees 48 minutes 46 seconds East, a distance of 2633.72 feet to the an angle point of the tract herein described, marked by a found ½ inch iron rod; THENCE North 89 degrees 52 minutes 55 seconds East, a distance 2853.32 feet to the place and point of beginning, being now on the North side of said fence.  CURRENT ZONE:  District “R-1” (Single Family Dwelling).  RECOMMENDATION:  Approve in concept the pre-preliminary plat (master plan) with the condition that all staff concerns be completely addressed prior to consideration of any preliminary plat the City. 

Ms. Few stated Mesa Verde Ranch Partnership owns a tract of land containing approximately 372 acres located in Sections 11, 12, 13 and 14, T16S, R10E, NMPM.  Approval of the pre-preliminary plat of a subdivision to divide the property within the City of Alamogordo is requested.  The property is zoned “R-1” (Single Family Dwelling) District.  Rezoning of the property for mixed use is pendingThe 2000 Comprehensive Plan designates this property to be developed as low density residential and vacant, high density residential/offices, and light industrial.  No street names shall be used which will duplicate or be confused with the names of existing streets.  No street names were provided for approval.  It is recommended that a list of working street names be provided for approval and reserved for use with this development.  Through alleys having a width of at least twenty feet (20') are required.  A variance to the requirement of alleys is requested with this subdivision.  Public Safety, both Police and Fire, operations in subdivisions without alleys have the potential to be extremely more hazardous and difficult when access to the rear of structures is limited by the lack of an alley.  Water mains with fire hydrants should be installed in all area within the City of Alamogordo.  When alleys are not provided within a subdivision, utility easements are to be provided at the front of a lot, adjacent to the public rightofway to assure that there is sufficient room for all of the utility companies to serve the subdivision.  Five foot (5') utility easements adjacent to the rightofway at the front lot line will be required on the plans a variance on alleys is approved.  All water service line connections need to comply with the City's Technical Standards.  Direct vehicular access onto the Charlie T. Lee Memorial Relief Route must be prohibited and driveway access onto Mesa Verde Ranch Road should be prohibited due to safety reasons.  Disclosure of this fact will be required on the final plat.  8.  The following items should be discussed and evaluated at the time that preliminary plat approval is requested on the affected parcel:  Parcels “A, C E, & F” - A drainage easement may be required along the north boundary of these parcels in order to divert the storm water flow coming from properties that lie north of this development.  The final determination of the need can be established when the parcels are developed.  Parcel “C & D” - The double frontage lots will need to have restricted access along the rear of the lots.  Parcel “F” - The need for additional drainage easements for the arroyo within this parcel will need to be evaluated at the time that the parcel is further subdivided or developed.  The capability of the existing sewer line, located along the west side of White Sands Boulevard, needs to be analyzed to determine how the increased flow, produced by this development and Bella Vista development, will affect the existing sewer line.  Of particular concern is an existing “choke point” in the line near West Canal.  Approve in concept the pre-preliminary plat (master plan) of MESA VERDE RANCH ESTATES SUBDIVISION with the condition that all staff concerns be completely addressed prior to consideration of any preliminary plat the City. 

Ms. Margaret Dubbin, P.E., Gunaji-Klement & Associates, stated this is a master plan community with different uses.  This will include open space, commercial, single-family residential, and multi-family residential developments.   

Chairman Sanders asked Ms. Dubbin if she understood the City’s concerns, and if she would be willing to work with those concerns.  Ms. Dubbin said she does understand, and will work with the City.  This is just the master plan to start their planning with. 

Commissioner Goga made a motion “To recommend approval in concept the pre-preliminary plat (master plan) of Mesa Verde Ranch Estates Subdivision with the condition that all staff concerns be completely addressed prior to consideration of any preliminary plat.”  Seconded by Commissioner Marshall.  All voted “AYE”, passing the motion by a vote of 4-0-0

I.  CASE:  S-05-0912(A).  PETITIONER:  Mesa Verde Ranch Partnership, owner, by Margaret Dubbin, P.E., agent.  REQUEST:  Approval of the preliminary plat of CIELO VISTA RANCH SUBDIVISION, for fifty-one (51) 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 2201140(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:  ±130.65 acres.  LOCATION:  West of Chihuahua Road at Wildcat Road.  CURRENT LEGAL:  A tract of land located within the Northeast quarter of Section 2, Township 16 South, Range 9 East, N.M.P.M., of the U.S.G.L.O. surveys, Otero County, New Mexico.  BEGINNING at the Northeast corner of the tract herein described, marked by a half inch found iron rod with cap WHENCE the City of Alamogordo control point number DUKE 1994 marked by a brass cap set in concrete found at the Southwest corner of Eddy Drive and Alamotero Road, having New Mexico Central Zone 3002, NAD 83 and NADV 88, State Plane Coordinates: Northing of 697,617.10, Easting of 1,728,346.24 and an Elevation of 4367.68 feet, bears South 19 degrees 09 minutes 26 seconds East, a distance of 16398.30 feet; THENCE South 23 degrees 36 minutes 53 seconds East, a distance 190.26 feet to an angle point of the tract herein described, marked by a half inch found iron rod with cap; THENCE South 00 degrees 56 minutes 18 seconds East, a distance 1990.06 feet to the southeast corner of the tract herein described, marked by a half inch set iron rod; THENCE South 89 degrees 46 minutes 42 seconds West, a distance 2652.65 feet to the southwest corner of the tract herein described, marked by a half inch set iron rod; THENCE North 00 degrees 14 minutes 13 seconds West, a distance 2152.32 feet to the northwest corner of the tract herein described, marked by a half inch set iron rod; THENCE North 89 degrees 30 minutes 16 seconds West, a distance 2552.82 feet to the place and point of beginning containing.  CURRENT ZONE:  No zoning, outside the City.  RECOMMENDATION:  Approval of the preliminary plat, with the requested variances (on alleys, on public land dedication, and on the construction of utilities and streets to City standards), with the noted plat amendments. 

Mesa Verde Ranch Partnership owns 130 acres in Section 2, T16S, R9E, NMPM.  Development of the property into fifty-one (51) lots, each at least two (2) acres, is proposed together with dedication of rightsofway.  The approval of the preliminary plat of CIELO VISTA RANCH SUBDIVISION is requested.  The property has no zoning since it is located outside the City of Alamogordo.  The 2000 Comprehensive Plan does not include this portion of the extraterritorial jurisdiction and, therefore, it contains no recommendation as to the development of the property.  Through alleys, having a width of twenty feet (20') are required in each block. A variance to the requirement of alleys is requested by the applicant.  As the subdivision is located outside the City of Alamogordo and will be developed to Otero County standards, approval of this variance is supported by staff.  Utility and street improvements are required to be provided in each new subdivision in accordance with the Technical Standards and the subdivider shall be required to enter into a contract with the City for the construction of such improvements.  Private Wells, individual septic tank systems, and gravel streets are proposed for the subdivision.  A variance from the requirements of the City's development standards is requested.  The level of improvements for the subdivision will comply with the County's standards.  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 street names of Siesta Ridge Court and Valle Verde Court are approved for use in this subdivision.  Cielo Vista Loop, Cielo Vista Trail and Palo Verde Court are not approved as they conflict with street names already in use.  It is unclear if Wildcat Road will ultimately form a secondary access to the development.  A long term plan for a secondary access to La Luz Gate Road should be identified in case the primary access, Chihuahua Road, is blocked for an extended period of time.  Otero County and the City of Alamogordo shall exercise concurrent jurisdiction over territory within the five mile platting jurisdiction of both the county and the municipality. The subdivision will be scheduled for consideration by the County Planning Commission. Approval of the preliminary plat of CIELO VISTA RANCH SUBDIVISION, with the requested variances (on alleys, on public land dedication, and on the construction of utilities and streets to City standards), with the noted plat amendments is supported. 

Ms. Margaret Dubbin, P.E., was there to represent the item, she did not have any concerns to address.   

Commissioner Goga made a motion “To recommend approval for the preliminary plat of Cielo Vista Ranch Subdivision, with the requested variances (on alleys, on public land dedication, and on the construction of utilities and streets to City standards), with the noted plat amendments.”  Seconded by Commissioner Marshall.  All voted “AYE”, passing the motion by a vote of 4-0-0

6.  MISCELLANEOUS.

7.  REPORTS.

A.  City Planner.

(1)  January Agenda.  Ms. Few stated approximately six (6) items are expected on the agenda.

(2)  HAFB Representative.  Dan Cass has accepted his appointment to Planning and Zoning Commission reported Ms. Few.

(3)  Expiration of Terms and Appointments.   It was noted Commissioner Goga has been re-appointed and Gary Meisner will be a new member starting in February On the Planning and Zoning Commission.

(4)  Annual Report (Due January 2006).  A draft of the report was provided for the members.

(5)  Election of Officers (February).  Ms. Few noted that an election of officers would be needed in February.

(6)  Other – None.

B.  City Attorney – None. 

C.  Chairman None.

D.  Commissioners.

1)  Representative from HAFB – None.

(2)  Representative to County Planning Commission – None.

(3)  General – None.

8.  PERSONS TO BE HEARD None. 

9.  ADJOURNMENT There being no further business to come before the Commissioner Goga made a motion "TO ADJOURN".  Seconded by Commissioner Gardiner, and Commissioner Marshall  All voted "AYE", passing the motion by a vote of 400.  The meeting adjourned at approximately 06:00 p.m.

Approved: January 4, 2006

/s/ Ginna L. Sanders

Ginna L. Sanders, Chairman

ATTEST:

/s/ Marnee Singer

Marnee Singer, Recording Secretary