January 5, 2005 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

JANUARY 5, 2005

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman.

Mr. Mark S. Goga, Member.

Mr. Michael M. O'Hara, Member.

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

MEMBERS ABSENT:

Mr. Jack M. Glahn, First Vice-Chairman.

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

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Ms. Linda Sanderson, Recording Secretary.

OTHERS PRESENT:

Mr. Charles T. Cromer; Mr. William E. Bridge; Mrs. Mary R. Bridge; Mr. Isaiah Scott; Mrs. Johnnie Scott; Mr. Nasid Mughni; Mrs. Carrie L. Mughni; Mr. Abdul E. Mughni; Mr. Clinton Carr, Jr.; Mr. Darryl Gallent; Mrs. Josephine Gallent; Mr. Andrew J. Phillips; Mr. Wayne Martin; Mr. Gaston Sanders; Mrs. Yolanda Sanders; and other unidentified persons.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled January 1, 2005, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of four (4) items were to be considered, one (1) under Public Hearing. Recommendations to the City Commission are to be made by the Planning and Zoning Commission for approval or denial of the requests. The City Commission will consider these requests at its meeting of January 25, 2005 to render final decisions.

2. APPROVAL OF AGENDA. Commissioner Goga made a motion "TO APPROVE THE AGENDA, AS WRITTEN". Seconded by Commissioner O’Hara. All voted "AYE", passing the motion by a vote of 3-0-0.

3. MINUTES OF December 1, 2004 REGULAR MEETING. Commissioner Goga made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner O’Hara. All voted "AYE", approving the motion by a vote of 3-0-0.

4. PUBLIC HEARING.

A. Z-04-0637(A). PETITIONER: Darryl Gallent and Josephine Gallent, owners. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "C" (Multi-family Dwelling), or a more restrictive classification; which, if approved, would allow the property to be used/developed for multi-family dwellings. TOTAL AREA: ± 9,416 square feet. LOCATION: 1317 Eighth Street. CURRENT LEGAL: Lot 20, Block 232-A, Alamo Blocks, Resubdivision of Block 232. CURRENT ZONE: District "B" (Two Family Dwelling).

Ms. Few stated that Darryl Gallent and Josephine Gallent own Lot 20, Block 232-A, Alamo Blocks Resub of Block 232. The proposed rezoning will legitimize the use of the property for four (4) dwelling units. The property, 1317 Eighth Street, is zoned "B" (Two Family Dwelling) District. The 2000 Comprehensive Plan designates this property to be developed as high density residential and offices. Pursuant to Section 29-01-020, of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised on December 19, 2004, in the Alamogordo Daily News, and twenty-three (23) notices were mailed to property owners within the 200 foot legal protest area on December 17, 2004. 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 January 5, 2005. Approval of the rezoning to District "C" (Multi-family Dwelling) is recommended.

Mr. Gallent, owner, was present to speak for the case. I purchased the property in September 2003. There are two (2) apartments in the back, and a duplex at the front of the property. The duplex has previously sustained fire damage and has been vacant for a little more than three (3) years. I bought the property with the intention of repairing the fire damage, remodeling the duplex and renting it. The previous owner had used the four- (4) units as rental for at least twenty-five (25) years without the property being rezoned. I am requesting to continue using it in that manner. I have applied for building permits and been approved to remodel and make repairs. So far I have spent approximately $20,000 in materials and labor, for fire damage repair, siding and roof repair on the duplex. I put the construction on hold in September 2004 when I was notified that the property was not properly zoned for multi-family units. There is a six- (6) unit apartment building in this block and a tri-plex on the west side adjacent to the property. Commissioner Goga asked what are you planning on doing with the concrete slab behind the duplex, and is the storage shed in good repair? Mr. Gallent noted that he doesn’t have any real plans for the concrete at this time, one possible use would be parking and/or recreation for residents. Commissioner O'Hara asked if there were any plans to create additional housing on this lot? Mr. Gallent stated there is really not enough room for any additional building without tearing something down. There are no plans to do that. I just want to complete the existing repairs and rent the apartments. All of the structures have been there for more than thirty (30) years. I’m not changing anything, only improving the appearance. Commissioner Urey asked what parking is available? Mr. Gallent stated that parking is accessible at the back from the alley and is sufficient parking between the two-(2) buildings for at least 2 vehicles. The duplex in front has parking for two (2) or (3) vehicles. At some point I may pour more concrete and make the parking driveway a little larger. Ms. Few remarked that for the record, the notice sent to adjacent properties stated that the rezoning would allow the property be used and developed for multi-family dwelling. The density of this property is just a little more than 9000 sq. ft. The density allowed in multifamily zoning would not allow anything more that 4 units without a variance. Parking does meet the requirements of the ordinance.

Mrs. Mary Bridge, protestor, was available for comment. She requested to withdraw her protest after hearing the statements given. She continued by stating that Mr. Gallent had done a marvelous job of improving the property. Ms. Few asked that she annotate her withdrawal on the form. Chairman Sanders asked if anyone else had any comments. Mr. William Bridge asked to withdraw his protest and signed the form for Ms. Few.

Commissioner Goga made a motion "TO APPROVE CASE Z-04-0637(A) FOR CHANGE OF ZONING TO DISTRICT "C". Commissioner O’Hara seconded the motion. All voted "AYE", passing the motion by a vote of 3-0-0. This case will be heard at the City Commission meeting January 25, 2005.

C. CLOSE PUBLIC HEARING.

MISCELLANEOUS.

A. CASE: M-04-0319(A). PETITIONER: City of Alamogordo, owner, by Otero County Martin Luther King Jr. Committee, applicant. REQUEST: Approval of a resolution to change a street name or name a future street for the Rev. Dr. Martin Luther King, Jr.

Ms. Few noted the City of Alamogordo received a request from the Otero County Martin Luther King Jr. Committee requesting a street be named in memory of the Rev. Dr. Martin Luther King, Jr. Streets that have been suggested for a name change include Fairgrounds Road and it's extension, US Highway 54 from the intersection with US Highway 70 south to the City limits, or other existing or future constructed street. To change any street name creates impacts on abutting property owners, especially if the property is developed (residential or commercial). Therefore, it is recommended that any change be on a street with the least impact on developed properties and not take effect until at least 2006. Neither Fairgrounds Road nor US Highway 54 South involve many developed properties. 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. There appears to be no conflict with any other street name in Alamogordo. At the time of filing an application for change of street name, the applicant shall pay the city a nonrefundable filing fee in the amount of one hundred dollars ($100.00) to cover the costs of publication, administration and other expenses. If the application is approved, the applicant shall pay an additional nonrefundable fee of thirty dollars ($30.00) for each intersection of the street, the name of which is changed, within thirty (30) days after final approval by the city commission. Failure to pay the additional fee will result in automatic revocation of approval by the city commission. The number of street signs that will need to be amended will depend upon the street that is changed. No public hearing is required on the request. Discuss options and develop a recommendation to be sent to the City Commission, with the understanding that no change would take effect until at least January 1, 2006.

Mr. Isaiah Scott, vice-chairman of the Martin Luther King committee, was available for comment. He asked the commission to give consideration to the request following the example of so many other cities around the area and across the nation to honor Dr. Martin Luther King. It doesn’t need to be anything elaborate. Fairgrounds Road was suggested because only a few businesses would be effected and this road is possibly going to be extended up toward the hospital which would give it a lot more visibility. There are several people from the committee here in support of this case that can answer any questions you might have. Commissioner O’Hara noted the he was the "chair" of this commission when a county commissioner approached this body to rename Fairgrounds Road in memory of someone else. There were a lot of protests by businesses along that road so we recommended to the City Commission that it not be approved and that an alternative location be found to honor that individual. The Fairground Road extension, up to the hospital, will not to be in existence for a few more years yet. At this point Fairgrounds Road is pretty insignificant for someone of his stature. Chairman Sanders noted that some changes have occurred since that time. The Pipe Co. has changed hands, and the electric company has been purchased by some else also. Because they will be making some changes in the near future, the timing may be right to make the recommendation to the city commission. Further discussion ensued including the $30.00 fee for each intersection that the applicant would be responsible for paying. Commissioner O’Hara stated he thought the City of Alamogordo should bear that expense.

Commissioner Goga made a motion "TO APPROVAL OF CASE M-04-0319(A) FOR RENAMING FAIRGROUNDS ROAD TO MARTIN LUTHER KING BLVD. AND THAT THE CITY BEAR THE EXPENSE OF THE SIGN CHANGE. Commissioner O’Hara seconded the motion. All voted "AYE", passing the motion by a vote of 3-0-0. This case will be heard at the City Commission meeting January 25, 2005.

B. CASE: M-04-0320(A). PETITIONER: City of Alamogordo, applicant. REQUEST: Approval of Resolution 2005-01 to establish "Reasonable Notice of Meetings" for the Alamogordo Planning and Zoning Commission for the year 2005.

Ms. Few noted that in accordance with New Mexico Statutes, the official notice for public meetings is required to be considered at least annually by the Alamogordo Planning and Zoning Commission.

Approval of the accompanying resolution is needed to fulfill the requirements of Statutes establishing reasonable notice of meetings and the manner for giving notice of any meeting of the Alamogordo Planning and Zoning Commission. A meeting is considered to be any gathering of a quorum of the voting members of the Commission where business of the Planning and Zoning Commission may be discussed or considered. The notification requirements in the resolution follow both City Ordinances and State Statutes, as follows:

REGULAR MEETINGFive (5) days,

SPECIAL MEETINGTwenty-four (24) hours, and

EMERGENCY MEETINGThree (3) hours.

Staff recommends approving Resolution 2005-01 determining reasonable notice of meetings for the Alamogordo Planning and Zoning Commission during the year 2005.

No discussion on this case.

Commissioner Goga made a motion "TO APPROVE CASE M-04-0320(A) APPROVAL OF RESOLUTION 2005-01 TO ESTABLISH REASONABLE NOTICE OF MEETINGS". Commissioner O’Hara seconded the motion. All voted "AYE", passing the motion by a vote of 3-0-0. This case will be heard at the City Commission meeting January 25, 2005.

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

The Planning and Zoning Commission requested staff to draft wording to allow single family dwelling units within the "neighborhood business" zoning district and to review the residential uses allowed in other districts. The attached draft is for discussion. The district classifications have also been amended to reflect those proposed with the re-write of the zoning ordinance. The staff recommends review of proposal and schedule for action.

General discussion followed, led by Ms. Few, regarding specific changes to zoning, specifically Page 5 Section 29-03-060, Page 7 Section 29-03-290, Page 10 Section 29-03-370(A), Page 12 Section 29-03-390 and Page 13 Section 29-03-440. These are recommendations only. These are issues that have come up and we are trying to address in the new ordinance. In some cases specific approval from the city commission may be required. Several options are available at this point.

Commissioner O’Hara made a motion "TO CONTINUE THIS CASE UNTIL THE NEXT REGULAR MEETING TO FURTHER DISCUSS CASE M-04-0321(A) FOR ORDINANCE AMENDING". Commissioner Goga seconded the motion. All voted "AYE", passing the motion by a vote of 3-0-0. This case will be heard at the next Planning and Zoning Commission when there will be a full body available and new members will be present.

6. REPORTS.

A. City Planner.

(1) February 2, 2005 Agenda – four- (4) possible cases to be heard

(2) Annual Report – Commissioner O’Hara made a motion "TO ACCEPT THE ANNUAL REPORT AS WRITTEN". Commissioner Goga seconded the motion. All voted "AYE", passing the motion by a vote of 3-0-0.

(3) Training sessions will be held on January 25, 2005 @ 6:30 p.m. prior to the City Commission meeting. New GIS person has provided a clean color copy of the comprehensive plan which will be sent to the printer so that everyone will have a copy before the January 25, 2005 commission meeting.

(4) Membership Terms – Ex-Officio Commissioner Urey, HAFB has declined re-appointment for the next term. Mr. Sam Sandoval will be the replacement and Mr. J.R. Gomolik will be permanent proxy. Commissioner Glahn has served his two- (2) terms. Mrs. Sharon Gardiner will be his replacement.

B. Chairman.

Ms. Sanders presented Commissioners Urey and Glahn with a plaque of appreciation for serving on the Commission. Commissioner Glahn was not present; his plaque will be delivered to him.

C. Commissioner.

(1) HAFB Representative - Commissioner Urey thanked the commission for the opportunity to serve on this board. He has learned a lot about the area and the process necessary to make changes. He is confident that Mr. Sandoval and/or Mr. Gomolik will do a good job in the future.

(2) County Planning Commission Representative – Chairman Sanders asked if any of the commissioners would be interested in a nomination for the County Planning Commission board. Mr. Richard McCracken was suggested as a possible board member and Mr. Gomolik stated he would be interested in a position with the County Planning Commission. These names will be forwarded to the city commission.

7. PERSONS TO BE HEARD - None.

8. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Goga made a motion "TO ADJOURN". Seconded by Commissioner O’Hara. All voted "AYE", passing the motion by a vote of 3-0-0. The meeting adjourned at approximately 2:35 p.m.

Approved: February 2, 2005

/s/ Ginna L. Sanders

Ginna L. Sanders, Chairman

ATTEST:

/s/ Linda Sanderson

Linda Sanderson, Recording Secretary