JULY 6, 2005 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

July 6, 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.

Mr. Sam Sandoval, ExOfficio Member.

 

MEMBERS ABSENT:

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

 

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. Brian McGuire, Community Development Director.

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

Ms. Linda Sanderson, Recording Secretary. 

 

OTHERS PRESENT:

Mr. Klad Zimmerle, P. L. S.; Ms. Kristi Shoaf; Mr. Norman Lane; Mr. Tom French; Mr. Bert Beach; Mr. Mike Drunzer; Ms. Yong Mi Rivera; Mr. Tommy Messer; Mr. Patrick Vandergriff; Mr. Shelby Miller; Ms. Theresa Hamm; Mr. Eddie Livingston, P.E.; Mr. Christian Clausen, P.L.S.; and other unidentified persons. 

 

1.  CALL TO ORDER.  Chairman Sanders called the regularly scheduled July 6, 200 5, meeting to order at approximately 1:30 p.m.  Chairman Sanders noted that a total of eight (8) items were to be considered, three (3) 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 July 26, 2005, to render final decisions. 

 

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

 

3.  MINUTES OF MAY 4th, 2005 and JUNE 1st, 2005 REGULAR MEETINGS,  Commissioner McCracken made a motion "TO APPROVE THE MINUTES, AS WRITTEN".  Seconded by Commissioner Goga.  All voted "AYE", approving the motion by a vote of 4-0-0

 

4.  PUBLIC HEARING. 

A.  CASE:  V-05-0480(A).  PETITIONER: Sedona Development, Inc., owner, by Klad Zimmerle, P. L. S., agent.  REQUEST: Approval of a variance of five feet (5') from Section 2903-020, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing front yard setbacks; which, if approved, would allow a front setback of twenty feet (20'), rather than the twenty-five foot (25') setback required by Code.  TOTAL AREA: ±3.50 acres.  LOCATION: Ascot Parade, Rath Tara Estates, Phases 1 and 4.  CURRENT LEGAL: Lots 17, 18, 20, 23 through 26, 28, and 30, Block 2 Rath Tara Estates, Phase 1, Lot 6 through 14, Block 3, Rath Tara Estates, Phase 1, and Lots 1, 2, 3, and 5, Block 3, Rath Tara Estates, Phase 4.  CURRENT ZONE: District "R-1" (Single Family Dwelling). 

Ms. Few reported Sedona Development owns Lots 17, 18, 20, 23 through 26, 28, and 30, Block 2 Rath Tara Estates, Phase 1, Lot 6 through 14, Block 3, Rath Tara Estates, Phase 1, and Lots 1, 2, 3, and 5, Block 3, Rath Tara Estates, Phase 4.  They plan to construct single family dwelling units on these lots with modified front yard setbacks.  The properties, 201, 202, 204, 205, 206, 209, 210, 211, 212, 213, 214, 215, 216, 218, 220, 221, 222, 224, 225, 226, 227, and 228 Ascot Parade, are zoned District "R-1" (Single Family Dwelling).  The 2000 Comprehensive Plan designates this property to be developed as medium density single family urban.  A front yard of not less than twenty-five feet (25') is required.  The twenty-two (22) homes are to be constructed with a front yard setback of twenty feet (20').  Therefore, a variance of five feet (5') has been requested.  It should be noted that building permits have already been issued, with the standard setbacks, for three (3) of the properties for which variances are requested.  Seven (7) lots on Ascot Parade already have homes on them.  All seven homes were constructed with the standard twenty-five foot (25') front yard setback.  The purchase of lots that do not fit a persons building plans should not be considered a hardship.  The possible exception would be a current property owner that has owned the land for a long period, will occupy the new structure and their situation has changed over the time they have owned the lot.  A variance to dimensional regulations may be granted where: (1) such action will not be materially detrimental to the public interest; and (2) such action will not grant a discriminatory benefit to the land owner and/or harm neighboring properties; and (3) such action, owing to conditions peculiar to the property or the neighborhood and not the result of actions or the situation of the applicant, a literal enforcement of the Code of Ordinances of the City of Alamogordo, New Mexico, and not in conflict with any other adopted code, would result in practical difficulties or unnecessary hardship.  No justification of hardship, beyond the control of the applicant, accompanied the application to support the requested variance.  The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance, Chapter 4, Article 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.  An Avigation Easement was executed with the subdivision in 1984 and remains in effect.  Pursuant to Section 2901070(c), of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised June 19, 2005, in the Alamogordo Daily News, and forty-three (43) notices were mailed to property owners within the 200 foot legal protest area on June 20, 2005.  Of the Forty-three (43) notices, one (1) protest to the requested variance was received, which is .1964 (1.964%) of the 200 foot legal protest area, however, 10:00 a.m. on July 6, 2005 is the deadline for protests to be submitted to the City Planner. 

STAFF RECOMMENDATION:  When a "hardship beyond the control of the applicant" can not be shown, staff must recommend denial of the requested variance. 

Mr. Klad Zimmerle, Alamotero Land Surveys, spoke for the case.  This subdivision was platted in February 1985.  It has sat for a long time with development around it.  If we can provide a larger rear yard family area, this will improve the attractiveness to future home buyers and the entire neighborhood.  The streets were built at thirty-two (32’) back to back with four feet (4’) sidewalks, and still has twenty-five feet (25’) of front setback.  There are no alleys.  Burdon of proof is the fact that there is twenty-five feet (25’) front yard setback which is more than enough. 

Commissioner Gardiner asked for clarification of the twenty-five (25’) setback currently in place.  Mr. Zimmerle repeated his opening statement with regard to the street and sidewalk width.

Commissioner Goga questioned when the current seven (7) homes were built.  What has changed since the original homes were built to warrant this variance?  Mr. Zimmerle stated that nothing has changed; it would just enhance the appearance and make it more pleasing to buyers. 

Commissioner McCracken questioned again if this was the only reason for this request.  Mr. Zimmerle stated there are plenty of available parking spaces in the front and this would just increase the rear yard area. 

Tom Messer, Sedona Development, stated this will give a little more variety of house plans, and also stagger the homes to make it more appealing to future buyers.  The lots are 64’X115’.  Sedona Development has three (3) of the lots on the south side under construction and could not wait on the variance to get started.  They are at the 25’ setback. 

Chairman Sanders stated that a lot of the homes in that area have above ground pools. Is there room for a pool in the backyard?  Mr. Messer stated that a very small pool would fit but a larger one would probably need to sit right against the back fence which would not meet ordinance specifications. 

Commissioner McCracken made a motion “TO APPROVE” CASE V-05-0480(A) approval of variance to allow a front setback of twenty feet (20’).  The motion died for lack of second.  Commissioner Goga made a motion “TO DENY” CASE V-05-0480(A)” denial of variance as the applicant was unable to provide “justification of hardship beyond the control of the applicant”.  Commissioner Gardiner seconded.  All voted, tieing the motion by a vote of 2-2-0.  Commissioners McCracken and Sanders voted against the motion.  This case will be heard at the City Commission meeting on July 26, 2005. 

B.  CASE: V-05-0481(A).  PETITIONER: Thomas P. Shoaf and Kristi J. Shoaf, owner.  REQUEST: Approval of the following: 1) A variance of five feet (5') from Section 2903-020, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing front yard setbacks; which, if approved, would allow a front setback of twenty feet (20'), rather than the twenty-five foot (25') setback required by Code:  2) A variance of two feet (2') from Section 2903-030, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing side yard setbacks; which, if approved, would allow a side setback of thirteen feet (13') on the west side of the property, rather than the fifteen foot (15') setback required by Code: and 3) A variance from Section 801-160, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing sidewalks adjacent to streets; which, if approved, would allow the installation of only seventy-eight feet (78') of sidewalk rather than the +550 feet of sidewalk required by Code.  TOTAL AREA: ±0.395 acre.  LOCATION: 301 Desert Sun Court.  CURRENT LEGAL: Lot 15, Verdi Parq.  CURRENT ZONE: District "R-1" (Single Family Dwelling). 

Ms. Few reported Thomas Shoaf and Kristi Shoaf own Lot 15, Verdi Parq.  They plan to build a single family dwelling on the property.  As proposed the standard front and side yard setbacks will not be provided nor will sidewalks be installed on the perimeter of the property.  The property, 301 Desert Sun Court, is zoned District "R-1" (Single Family Dwelling).  The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban).  A front yard of not less than twenty-five feet (25') is required.  The new home is to be constructed with a front yard setback of twenty feet (20').  Therefore, a variance of five feet (5') has been requested.  The purchase of a lot that does not fit a persons building plans should not be considered a hardship.  The possible exception would be a current property owner that has owned the land for a long period, will occupy the new structure and their situation has changed over the time they have owned the lot.  Given the required setbacks, the proposed building does not fit on the lot.  The size of the lot in relation to the desired size of a building is also part of the consideration a purchaser should evaluate before purchasing a lot.  On a corner lot a side yard on each side of the onestory portions of buildings having a width of not less than fifteen feet (15') is required.  The new home is to be constructed with a side yard setback of only thirteen feet (13') on the west side of the property.  Therefore, a variance of two feet has been requested.  Sidewalks are required adjacent to the curb.  The applicant only proposes sidewalks on a portion of the property, between driveways.  Approximately eighty feet (80') feet of sidewalk is planned rather than the +550 feet of sidewalk (linear feet) required by Code.  Therefore, a variance has been requested.  Sidewalks are required to provide accessibility within the community and are required on every property in Alamogordo, although there are areas where sidewalk is absent.  As an access corridor should be complete on the outer edge of Desert Sun Court, the City can support a variance on the installation the sidewalks adjacent to this property if the owner provides the equivalent cost of the City's installation of these sidewalks for accessibility in another area.  (The June 2005 cost for installation of sidewalks five feet (5') wide is approximately $30 per linear foot.)  A variance to dimensional regulations may be granted where: (1) such action will not be materially detrimental to the public interest; and (2) such action will not grant a discriminatory benefit to the land owner and/or harm neighboring properties; and (3) such action, owing to conditions peculiar to the property or the neighborhood and not the result of actions or the situation of the applicant, a literal enforcement of the Code of Ordinances of the City of Alamogordo, New Mexico, and not in conflict with any other adopted code, would result in practical difficulties or unnecessary hardship.  No justification of hardship, beyond the control of the applicant, accompanied the application to support the requested variance.  Where the City Commission finds that extraordinary hardships may result from strict compliance with the regulations of Chapter 8, it may vary the regulations in specific cases so that substantial justice may be done and the public interest secured; provided that such variation shall not have the effect of nullifying the intent and purpose of the regulations.  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.  A waiver of protest agreement has been prepared.  Pursuant to Section 2901070(c), of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised June 19, 2005, in the Alamogordo Daily News, and twelve (12) notices were mailed to property owners within the 200 foot legal protest area on June 20, 2005.  Of the twelve (12) notices, two (2) protests to the requested variance were received, which is .947 (9.47%) of the 200 foot legal protest area; however, 10:00 a.m. on July 6, 2005 is the deadline for protests to be submitted to the City Planner. 

STAFF RECOMMENDATION:  Denial of the requested five foot (5') front setback variance, approval of the two foot (2') side setback variance, and approval of the sidewalk variance with the payment of the equivalent cost of installation (by the City) is supported. 

Mr. Norman Lane was present to speak on behalf of Colonel Thomas Shoaf, who is currently deployed.  He stated he is familiar with the area in question and aware that those who protested also requested the area be donated by the developer as a park.  The developer was not willing to donate the land.  The Shoaf’s will be retiring and staying in this area.  A nice, well maintained home with landscaping will look better that some place that is primarily sidewalks. 

Commissioner McCracken questioned the side yard setback and the utility easement.  Mr. Lane stated there is only one (1) point on the house that requires the requested variance.  He wasn’t sure about the utility easement.  The architect possibly has that information, he is not available today. 

Discussion followed between Commissioner McCracken and Ms. Few concerning the utility easement and property line clarification.  Ms. Few noted there is no utility easement.  Usually there is 5-7 feet behind the curb to allow for the sidewalk which is city right-of-way.  Also, Ms. Few asked Mr. Lane to directly respond to the question of whether or not the Shoaf’s would be willing to pay the difference on the sidewalk issue to the city.  Mr. Lane stated that he could not answer for the Shoaf family but that he has a real problem with asking the resident to pay the city for something that does not benefit the city.  Ms. Shoaf also stated she was not in favor of paying the city for something that would not be nearly as attractive as landscaping.  The sidewalk and six foot stone fence will not please the neighbors as much as the landscaping.  When asked about the type and location of the fence, Ms. Shoaf replied that the fence, block wall with rough side, will go from the back of the garages around to the master bedroom on the other side. 

Commissioner Sanders expressed concern about the rocks ending up in the street if no sidewalk is provided as a barrier.  Commissioner McCracken also expressed concern with homeowners across the street, who doesn’t want to put in sidewalks next time.  Commissioner McCracken asked Ms. Few about the expense of the sidewalk being up to the homeowner/builder.  Ms. Few stated it is a requirement of the city and is the responsibility of the property owner/builder.  The city has also been heavily taxed for ADA compliance on the perimeter of the neighborhoods so there would be adequate access for ADA compliance.  With driveways and slope requirements, someone in a wheelchair would be able to get off on the outside perimeter and be able to access this property.  Because everyone is required to put in sidewalks, it was thought that to completely disallow the Shoaf’s from putting in a sidewalk, would be giving them a benefit above and beyond the other property owners.  As noted, the money would be put into the ADA compliance of another area where the city is upgrading.  City ordinance requires the four feet (4’) sidewalk to comply with ADA. 

Pat Vandergriff, Vandergriff Code Consulting, representing Ms. Shoaf as of a few minutes ago, stated there is access to the Shoaf’s thru the existing access around the perimeter.  Thus there is ADA compliance to the property.  Regarding the fee; this is a rather unusual fee and the city is required to show a reasonable nexus between fees for purposes that are not normally provided by the city in order to show that it is a reasonable service provided to the person paying that fee.  He suggested the city attorney might be consulted on this matter.  He also stated Ms. Shoaf is being asked to put up money for the city to pay for things that were not taken care of in other subdivisions many years ago.  That money would not be used to her benefit and that is unconstitutional use of that money.  Therefore you need to take a second look at that.  You are asking Ms. Shoaf to pay the fee for something that will benefit another area of the community rather than requiring them to pay for the service themselves. 

Commissioner McCracken asked Ms. Few about other lots in this area that haven’t been built on.  There are no sidewalks on those lots.  Can those still be in ADA compliance?  Ms. Few, No they are not.  Mr. Vandergriff stated yes they could be.  Ms. Few stated that according to the city attorney and engineering, full compliance is not there.  If that were the case then the sidewalks would be put in at the time of development.  Each owner is required is provide access to their specific property.  Those persons, who own those properties, will complete that access.  Ms. Few also stated that the regulations in the subdivisions require the sidewalks be put in with the development.  There has been an understanding with the city and the developers over the years and an allowance has been made to let the sidewalks go in at the times the homes do. 

Ms. Sanders reminded commissioners there were three issues to be voted on.  They all agreed to vote on each issue separately. 

Commissioner McCracken made a motion “TO APPROVE” CASE V-05-0481(A) approval for a variance of a five foot (5’) front setback.  Commissioner Goga seconded.  All voted AYE, passing the motion by a vote of 4-0-0.  Commissioner McCracken made a motion “TO APPROVE” CASE V-05-0481(A) approval for a variance of a two foot (2’) side yard setback.  Commissioner Goga seconded.  All voted AYE, passing the motion by a vote of 4-0-0.  Commissioner Gardiner made a motion “TO APPROVE” CASE V-05-0481(A) approval of variance for the sidewalk in the back with-out the payment of the equivalent cost of installation (by the City) and with the sidewalk on the front street side.  Commissioner McCracken seconded.  All voted, passing the motion by a vote of 3-1-0.  Chairman Sanders voted against the motion.  This case will be heard at the City Commission meeting on July 26, 2005. 

C.  CASE: SP-05-0112(A). PETITIONER: Billy Weiman and Alice Weiman, owners, by Yong Mi Rivera, agent/applicant. REQUEST: Approval of a twenty (20) year special land use permit, pursuant to section 29-05-040 of the Code of Ordinances of the City of Alamogordo, New Mexico; which, if approved, would allow the license transfer and continued operation of a "micro-brewery" in a zoning district from which it is otherwise prohibited. TOTAL AREA: ±18,328 square feet. LOCATION: 1004 N. White Sands Boulevard. CURRENT LEGAL: Lots 1 through 4, Block 50, Alamo Blocks. CURRENT ZONE: District "C-3" (Business). 

Ms. Few reported Billy Weiman and Alice Weiman own Lots 1 through 4, Block 50, Alamo Blocks.  They have leased part of the property, the Plaza Pub, to Yong Mi Rivera who is applying for a "small brewer's" license from the State of New Mexico and, if approved, install a microbrewery in the restaurant/lounge.  The "small brewers license" with the State of New Mexico limits a brewer with this license to production of not more than 200,000 BBL annually (BBL = Beer Barrel = 31 gallons).  Breweries are categorized by production capacity with the normal BBL increments being 3.5, 7, 10, 14, 18 or 20.  This production capacity means the size of each batch produced through a full fermentation cycle, which can take up to two weeks.  Microbreweries normally have a capacity of 7 BBL or 10 BBL.  A "small brewer’s license" provides for the production and sale/dispensing, either by the glass onsite or by the bottle as retail sales, of the "brew" or beer produced "on site".  A separate "dispenser's license" or a "restaurant license" allows the sale of other beers which were not produced "onsite".  A "wholesaler’s license" allows for a bottling and sale of the "brew" on a large scale to retailers, dispensers or other wholesalers and onsite consumption of the "brew" product.  The property, 1004 N. White Sands Boulevard, is zoned "C-3" (Business) District.  The zoning allows restaurants and package stores, but, does not specifically allow for any "production" such as a microbrewery.  The 2000 Comprehensive Plan designates this property to be developed as commercial and retail.  The city commission may, by special land use permit and upon such conditions and time limits as it may consider reasonable and necessary, authorize the location of buildings or uses in any district from which they are otherwise prohibited by this Code.  As noted previously the zoning of the property does not appear to allow use of the property for any type of brewery.  Therefore a special land use permit has been requested.  A special land use permit may be issued only after notice of the time, place and purpose of a hearing by the planning and zoning commission on the issuance of the permit has been published, at least fifteen (15) days before the meeting, in a newspaper of general circulation and sent by first class mail to all property owners of record within two hundred (200’) feet, excluding public rightofway, of the property for which the permit is sought.  Notice of the time, place and purpose of the public hearing was advertised June 19, 2005, in the Alamogordo Daily News, and twenty-six (26) notices were mailed to property owners within the 200 foot legal protest area on June 17, 2005.  No protests to request permit have been received: however, the deadline for protests to be submitted to the City Planner is 10:0 a.m. on July 6, 2005.  The planning and zoning commission shall forward its recommendation to the city commission within thirty (30) days, but if it fails to render its report within thirty (30) days, it shall be deemed to have approved the permit.  The city commission shall determine whether issuance of the special land use permit will be detrimental to surrounding properties and may issue the permit only on a finding of no detriment. 

STAFF RECOMMENDATION:  Approval of the special land use permit for a micro-brewery is supported. 

NOTE: Other special land use permits for a micro brewery/brew pub, approved by the City Commission, included the following conditions in the approval: 1) that production capacity not exceed 7 BBL, 2) that either a beer and wine license or a dispensers license from the State of New Mexico be maintained with the brew pub operation, and 3) that the brewery byproducts be approved by the Public Works Department prior to discharge into the City's sanitary sewer system. 

Ms. Yong Mi Rivera was available to answer questions if necessary. 

Commissioner Goga made a motion “TO APPROVE” CASE SP-05-0112(A)” approval of special land use permit for a micro-brewery.  Commissioner McCracken seconded.  All voted, passing the motion by a vote of 4-0-0.  This case will be heard at the City Commission meeting on July 26, 2005. 

C.  CLOSE PUBLIC HEARING. 

 

5.  MISCELLANEOUS. 

CASE: A050067(A).  PETITIONER: Bella Vista, LLC, Shelby F. Miller and Clare D. Miller, owners, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of an ordinance consenting to the annexation of a tract of land contiguous to the boundaries of the City of Alamogordo. TOTAL AREA: ±46.409 acres. LOCATION: North of Cottonwood Heights with frontage on North 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 of725.10 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) upon annexation. 

Ms. Few reported Bella Vista, LLC, Shelby F. Miller and Clare D. Miller own 46.409 acres in Lots 13 and 14, Section 6, T16S, R10E, NMPM, and Lots 1 and 2, Two Quarter Circle Arabian Ranch, Otero County, New Mexico. They have submitted a petition to the City, together with the required fees and plats, requesting annexation of the property into the corporate limits of the City of Alamogordo.  The property is currently unzoned as there is no zoning outside the City limits.  Pursuant to Section 207040 and Section 2901030 of the Code of Ordinance of the City of Alamogordo, New Mexico, all territory is zoned District “R1” (Single Family Dwelling District) upon annexation.  Therefore, development of the acreage will be limited to one (1) single family dwelling unit per lot (or another use allowed in District “R1”) until platting of the property and/or rezoning are approved by the City Commission.  The 2000 Comprehensive Plan designates this property to be developed as low density residential and vacant.  The property is located inside/outside the City’s utility extension and annexation area.  Within the City of Alamogordo public streets are required, in accordance with the "Technical Standards".  The streets that are annexed into the city by this request need to be brought up to City standards (asphalt, curb and gutter, sidewalk etc.)  An improved secondary access will be needed to this development at the time of subdivision.  The installation of utility lines (water and sewer) in accordance with the "Technical Standards" is required.  It appears that sewer service to this property will necessitate a sewer line between existing lots in Cottonwood Heights, Unit 5, Phase 2.  The new sewer line will probably be between lots 395 and 396 or between 396 and 397.  The extension of sewer lines down common lot lines is not recommended due to maintenance problems and potential damage to the adjacent structures.  City water service can not be provided to the annexation area without the City's R.O. system being built.  Fire hydrants will need to be installed upon annexation.  The impact on drainage of development over and above one (1) single family use per lot can not be determined without receipt and review of a site development plan with hydraulic data. 

STAFF RECOMMENDATION:  Approval of the requested annexation for Case A050067(A), with the understanding that annexation of the property does not guarantee either the approval of any development plan or the availability of water and/or sewer services for such development. 

Mr. Klad Zimmerle, Alamotero Land Surveys, stated this is an annex on the North side of Cottonwood Heights.  They are planning to basically mirror the existing Cottonwood Heights Subdivision. There will be a connection from Florida Ave. into the subdivision.  There will also be a connection from Cottonwood Heights into the subdivision to bring in water and sewer and circulation.  Some streets on county side, which will be annexed into it, will be developed to city standards in conjunction with the rest of the development.  Item 8 (fire hydrants) of the memorandum will just be a non-issue at this point. 

Commissioner Goga questioned that none of the area west of the proposed area are up to city standards.  Mr. Zimmerle stated they will be bringing in a couple of existing streets and they will be brought up to city standards. 

Commissioner Goga made a motion “TO APPROVE” CASE A-05-0067(A) approval of the requested annexation as recommended by staff.  Commissioner McCracken seconded.  All voted, passing the motion by a vote of 4-0-0.  This case will be heard at the City Commission meeting on July 26, 2005. 

 

6.  SUBDIVISIONS. 

A.  CASE: S-05-0879(A). PETITIONER: Jack B. Bates and Charline Bates, owners, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the preliminary and final plat of PUEBLO ESTATES SUBDIVISION, REPLAT A, for five (5) lots; with variances on the construction and installation of alleys, on the installation of utilities (water and sewer), on the construction of streets to City standards (dedication, curb, gutter, and sidewalk), on the dedication of public land, and from Section 2201140(b)(1) relating to drainage plans; with paved public access, private wells, and septic tank systems; located outside the City of Alamogordo, but within its planning and platting jurisdiction. TOTAL AREA: ±8.908 acres. LOCATION: Mercados Drive west of N. Florida Avenue. CURRENT LEGAL: Lot 3, Pueblo Estates. CURRENT ZONE: No zoning, outside the City. 

Ms. Few reported Jack B. Bates and Charline Bates own Lot 3, Pueblo Estates Subdivision.  Development of the property into five (5) lots, each at least 1.5 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 designates this property as medium density (single family urban).  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 paved streets (no curb, gutter or sidewalk) are proposed for the subdivision.  A variance from the requirements of the City's development standards has been requested.  The proposed lots are within the service boundary of the City’s water and sewer services.  If the existing City Policy of not permitting County residents to tie into City water and sewer is revised, the development will be required to utilize public water and sewer services and trash collection.  The width of the right-of way should remain consistent and be 50’ wide not the 40’ being proposed.  Additionally, as the City limits a cul-de-sac to a maximum length of 500 feet and the proposed cul-de-sac will be approximately 1250 feet long, a second access must be provided.  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.  Drainage information is contained in the disclosure statement.  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.  This subdivision is scheduled for consideration by the County Planning Commission. 

STAFF RECOMMENDATION:  Approval of the final plat of PUEBLO ESTATES SUBDIVISION, REPLAT A, with variances (on alleys, on public land dedication, and on the construction of streets to City standards) can only be supported with the re-design of the road (consistent width and second outlet) and connection to City utilities. 

Mr. Klad Zimmerle, Alamotero Land Surveys, stated this will probably be annexed at some time.  There are no plans for that at this time. Regarding the utilities, there is currently a moratorium on city water.  We will adjust the lot lines slightly to accommodate the fifty foot (50’) right-of-way.  There is additional access since this is surrounded on 3 sides by the same owner.  They have reserved a fifty foot (50’) strip of adjacent land for themselves on the south side which connects to Florida Ave and goes out to Wagon Wheel Rd. on the north.  The property is not land-locked.  It has fifty foot (50’) “panhandle” that appears to be reserved for a road to access on the south of this property.  We do not want to make a freeway through this area, and we would like to keep it quiet.  We will make an emergency vehicle turn-around (intermediate cul-de-sac) at the entrance of the sub-division.  Mr. Zimmerle presented a city map for the commissioners to review the area. 

Ms. Few asked if he had approached public safety and emergency services about the emergency turn-around.  Mr. Zimmerle responded that they would do that; and reviewed the city map with the commissioners to show exactly what would be proposed and where. 

Commissioner O’Hara asked Ms. Few how they could connect to city utilities if there is a moratorium.  She responded this is being considered by City Commission meeting next Tuesday.  Staff recommended to the city that it is within the utility service area.  Outside city residents should be allowed individually and required as new subdivisions to connect city water and sewer services.  Mr. Brian McGuire, Building Director, elaborated on this issue.  The moratorium that has been in place for several years needs to be looked at and acted on for the betterment of the city.

Commissioner Sanders asked will those areas be annexed at the same time.  Mr. McGuire stated that would be up to the property owner.  It would only make sense if water and utilities are available that the next step would be coming into the city limits. 

Commissioner Gardiner remarked that she keeps hearing comments about the city not having enough water now, why keep approving more subdivisions.  Mr. McGuire stated city believes we can now provide water to the residents.  In 2000, the per capita consumption was around 224gal/person; now it is 124gal/person.  The citizens, through conservation, have made this growth possible. 

Commissioner McCracken made a motion “TO APPROVE” CASE S-05-0879(A) approval of the final plat as recommended by staff.  Commissioner Goga seconded.  Mr. Zimmerle interjected for clarification on the issue of city utilites.  Commissioner McCracken rescinded the original motion and Commissioner O’Hara seconded the motion.  Commissioner McCracken made a new motion “TO APPROVE” CASE S-05-0879(A) approval of the final plat except for the connection to the city utilities, until the moratorium is lifted and utilities are available.  Commissioner O’Hara seconded.  All voted, passing the motion by a vote of 4-0-0.  This case will be heard at the City Commission meeting on July 26, 2005. 

B.  CASE: S-05-0882(A).  PETITIONER: Tierra de Suenos, Inc., owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the preliminary and final plat of LAS LOMAS SUBDIVISION, for fifty-three (53) lots; with variances on the construction and installation of alleys, on the installation of utilities (sewer), on the construction of streets to City standards (curb, gutter, sidewalk, and paving width), and on the dedication of public land; with public access, and septic tank systems; located outside the City of Alamogordo, but within its planning and platting jurisdiction. TOTAL AREA: ±102.03 acres. LOCATION: 1700 Block Ocotillo Road. CURRENT LEGAL: Lot 2A, Lands of Malone, Replat A. CURRENT ZONE: No zoning, outside the City. 

Ms. Few reported Tierra de Suenos, Inc., owns 102.03 acres in Section 32, T16S, R10E, NMPM.  Development of the property into fifty-three (53) lots is proposed together with dedication of rightsofway.  The property has no zoning since it is located outside the City of Alamogordo.  Upon annexation the property would be zoned R-1 (Single Family Dwelling).  The 2000 Comprehensive Plan designates this property as medium density (single family urban).  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.  Although the subdivision is located outside the City of Alamogordo annexation is planned by the developer.  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 usually not appropriate to require public land to be dedicated to the City.  However, as annexation is planned either public land dedication or execution of a Public Land Development Agreement will be required.  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.  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.  As annexation is planned connection to City water is anticipated by the developer but with the use of individual septic tank systems.  The City wants the subdivision connected to sanitary sewer.  Additionally twenty-four foot (24') paved streets with paved shoulders are proposed for the subdivision.  A variance from the requirements of the City's development standards has been requested.  The proposed lots are within the service boundary of the City’s water and sewer services.  If the existing City Policy of not permitting County residents to tie into City water and sewer is revised, it is recommended that the development be required to utilize public water and sewer services.  At the time of this report there are several concerns about drainage, street section and the proposed public waterlines that remain unresolved.  The drainage report was submitted on the date that this report was due and has not been reviewed by staff.  It is unclear who will maintain the 10’ and 20’ wide drainage easements along the side lot lines and back lot lines of each lot.  It is not recommended that the City accept maintenance of these minor drainage easements.  Where the development is adjacent to Ocotillo Road it is recommended that a minimum total right-of-way width of 82 feet (Collector Street with bike lanes) be provided for Ocotillo.  The existing right-of-way width varies (40’-60’?).  A forty foot (40') drainage easement, adjacent to the right-of-way, should also be provided for the existing drainage channel.  A Waiver of Protest Agreement will be prepared for Ocotillo Road.  An ADA compliant pathway needs to be provided in addition to the twenty-four foot (24') wide paved roadway within the development.  The pathway should have a hard durable surface (concrete, asphalt etc.).  Access from lots onto Ocotillo and Ocotillo Lane should be included on the plat.  Questions also remain about a water transmission lane (location, size and installation) connecting to the Alamo Tank line.  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.  This subdivision is not scheduled for consideration by the County Planning Commission. 

STAFF RECOMMENDATION:  Approval of the preliminary plat (in concept) and continuation of the final plat of LOS LOMAS SUBDIVISION is supported by staff to allow for complete resolution of the development issues. 

Tom French, Tierra de Suenos, Inc., stated this is Part One (1), of a two (2) part development.  We are calling it “rural residential” zoning for areas outside the city limits.  It will be developed to city standards and provide water, for fire protection and sanitary needs.  The drainage plan, proposed with every lot having a buildable pad available for drainage, has not been reviewed by Mr. Hunt, City FEMA Engineer.  We would like to see a proposed covenant for a twenty-five (25’) “green belt” on three (3) sides of every lot.  This would provide a fifty foot (50’) “greenbelt” between all the homes, making for a beautiful desert setting.  City sewer is uneconomic to put in a “rural residential” setting.  This property is in a flood zone so we need to be careful how it is developed, to assure proper elevation  The remaining 20+ acres will be in Part II of this development and will look like a continuation of Hermoso el Sol to the east.  We are also planning another 1-2 acre park similar to Las Alturas, but all of that will be in the future.

Commissioner McCracken asked for clarification on what the commission would be voting on.  Would he be willing to continue the final plat to the next meeting?  Mr. French stated he would like see approval of the final plat also.  This property is part of the properties that are coming under consideration for annexation.  We have no intention of running this through and wasting county taxpayer dollars.  We will hold it up and run it through in conjunction with the annexation process. 

Ms. Few stated that staff is still waiting on input on water easements and the city does still want connections on sanitary sewer.  Mr. French stated that sanitary sewer for this type of development just is not possible.  You just cannot make it run uphill!  It is the right approach for that type of development.  I don’t expect to be treated better or worse than developments that have been approved prior to us.  Caneadea was approved, and properties along Scenic were approved with water and septic system.  It would require right-of-way and numerous pumping stations. 

Ms. Few stated we still have big problems, hierarchy and engineering department wants it connected.  Caneadea was originally approved as a county subdivision, 100%, with wells and septic.  Only after annexation did they connect to city water.  Because development had already begun, the septic system was “grandfathered” in.  Due to migration issues, east to west, staff has been directed to get sanitary sewer.  Staff stands by their original recommendation for approval of preliminary and continuation of final plat.  Mr. French agreed to disagree. 

Eddie Livingston, Livingston & Associates, Engineering, --Looking at the Topo map, it looks like the closest sewer line is somewhere in the Florida/Ocotillo area.  Mr. McGuire added the possibility of service being available from just south of the fire station.  Mr. Livingston also pointed out that right-of-way would have to be obtained and there is also a big ditch to be crossed.  That poses a big problem.  At best only one-quarter (¼) of the area would benefit.  You might be able to “get there” on paper but reality is another issue.  The other issue is the expense of the service lines from the main lines to the lots when the homes are that far back and a very deep sewer. 

After much more general discussion concerning these issues, Ms. Few reminded everyone that staff had been directed on the recommendation since issues on drainage and utilities had not been resolved between your engineer and the city engineer.  It is possible to take the preliminary plat to the City Commission meeting on July 26, 2005.  But without amended engineering comments from the city staff, we cannot recommend approval of final plat at this time.  It would need to come back to Planning and Zoning next month.  Mr. French and Mr. Livingston agreed that they could live with that.  That still gives us the original time frame we needed. 

Commissioner McCracken made a motion “TO APPROVE” CASE S-05-0882(A) approval of the preliminary plat and continuation of the final plat as supported by staff with complete resolution of the development issues.  Commissioner Gardiner seconded.  All voted, passing the motion by a vote of 4-0-0.  The preliminary plat will be heard at the City Commission meeting on July 26, 2005 and the final plat will be continued at the regular Planning and Zoning Commission meeting on August 3, 2005. 

C.  CASE: S-05-0884(A).  PETITIONER: OHHO Limited, Inc., owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the final plat of COTTONWOOD HEIGHTS, UNIT 5, PHASE 2, REPLAT A, SUBDIVISION, for four (4) lots; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±0.828 acre. LOCATION: 4101 through 4131 Wood Loop. CURRENT LEGAL: Lots 409 through 412, Cottonwood Heights, Unit 5, Phase 2. CURRENT ZONE: District "R-1" (Single Family Dwelling). 

Ms. Few stated OHHO Limited, Inc. owns Lots 409 through 412, Cottonwood Heights, Unit 5, Phase 2, within the City of Alamogordo.  Approval of the final plat of COTTONWOOD HEIGHTS, UNIT 5, PHASE 2, REPLAT A for four (4) lots and right-of-way dedication is requested.  The property is zoned "R-1" (Single Family) District.  The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban).  No street names shall be used which will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the planning commission.  A new street name is required of either the north/south or the east/west section of Wood Loop that is being separated by the replat.  Addresses for each lot are required on the plat.  Addresses for each lot will be provided to the consulting engineer under separate cover after a new street name is provided to the City 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.  The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required.  Plans for the extension of public water and sewer within the newly plated right-of way will need to be submitted and approved by the City before construction of the utilities.  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 will be drafted for the completion of improvements. 

STAFF RECOMMENDATION:  Approval of the final plat of COTTONWOOD HEIGHTS UNIT 5, PHASE 2, REPLAT A, SUBDIVISION is supported with the condition that the street name and all construction plans (utility and street) are approved by staff prior to consideration of the plat by the City Commission. 

Mr. Klad Zimmerle, Alamotero Land Surveys, stated this replat will allow access to Bella Vista Subdivision which is up for annexation consideration today and in the next few months.  The engineer is working on the revised construction drawings and revised drainage report.  This was all part of the original Cottonwood Heights, Unit 5, Phase 2 plans and will have very minor changes which will be taken care of with staff prior to anything with the commission meeting.  We would like to leave Wood Loop as is since there are residents living on that street.  We propose a new name for the portion which would be in front of lots 410A and 411A that connects into Bella Vista. 

Commissioner Gardiner made a motion “TO APPROVE” CASE S-05-0884(A) approval of final plat with the condition that the street name and all construction plans are approved by staff prior to consideration of the plat by the City Commission.  Commissioner Goga seconded.  All voted, passing the motion by a vote of 4-0-0.  This case will be heard at the City Commission meeting on July 26, 2005. 

D.  CASE: S-05-0883(A).  PETITIONER: Sedona Development, Inc., owner, by Klad Zimmerle., P.L.S., agent. REQUEST: Approval of the preliminary and final plat of  SEDONA RIDGE ESTATES PHASE 4 SUBDIVISION, for sixteen (16) lots; 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: ±6.506 acres. LOCATION: Oakmont Drive at S. Florida Avenue. CURRENT LEGAL: A tract of land in the Northeast quarter of Section 6, T17S, R10E, NMPM, Alamogordo, Otero County, New Mexico described by metes and bounds as follows:  Starting at the Northwest corner of said Northeast quarter and going South 00 degrees 04 minutes 41 seconds East along the West line of said Northeast quarter a distance of 1176.45 feet to the place of beginning of the tract of land herein described; thence North 30 degrees 02 minutes 08 seconds East a distance of 71.43 feet; thence along the arc of a curve to the right whose central angle is 47 degrees 46 minutes 13 seconds and whose radius is 200.00 feet and whose chord bears North 53 degrees 55 minutes 15 seconds East an arc distance of 166.75 feet; thence North 77 degrees 48 minutes 21 seconds East a distance of 294.73 feet; thence along the arc of a curve to the left whose central angle is 20 degrees 01 minutes 28 seconds and whose radius is 100.00 feet an arc distance of 34.95 feet; thence North 57 degrees 46 minutes 54 seconds East a distance of 133.83 feet; thence South 00 degrees 17 minutes 04 seconds West a distance of 466.14 feet; thence North 89 degrees 40 minutes 13 seconds West a distance of 30.00 feet; thence along the arc of a curve to the left whose central angle is 04 degrees 36 minutes 10 seconds and whose radius is 830.00 feet an arc distance of 66.68 feet; thence along the arc of a curve to the right whose central angle is 97 degrees 00 minutes 10 seconds and whose radius is 25.00 feet an arc distance of 42.33 feet; thence North 89 degrees 41 minutes 41 seconds West a distance of 209.22 feet; thence along the arc of a curve to the left whose central angle is 48 degrees 04 minutes 32 seconds and whose radius is 405.00 feet an arc distance of 339.83 feet; thence North 32 degrees 52 minutes 40 seconds West a distance of 197.72 feet; thence North 30 degrees 01 minutes 53 seconds East a distance of 141.22 feet; thence North 00 degrees 02 minutes 50 seconds West a distance of 99.75 feet to the said place of beginning. CURRENT ZONE: District "R-1" (Single Family Dwelling). 

Ms. Few reported Sedona Development Inc. owns 6.506 acres in Section 6, T17S, R10E, NMPM, within the City of Alamogordo.  Approval of the preliminary and final plat of SEDONA RIDGE ESTATES PHASE 4 SUBDIVISION for the development of sixteen (16) lots is requested.  The property is zoned "R-1" (Single Family Dwelling) District.  The 2000 Comprehensive Plan designates this property to be developed as medium density single family urban.  The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance.  An Avigation Easement limiting vertical development to not more than fifty feet (50') above ground level will be provided.  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. Public Safety requests alleys.  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.  At the time of this report there are several concerns about drainage that remain unresolved.  The drainage report was submitted on the date that this report was due and has not been reviewed 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.  No land is included on the plat for public land dedication to the City of Alamogordo.  The following is a summary of the acreage due the City for dedication: 

UNIT NO.

NO. LOTS

GROSS ACREAGE

NET ACREAGE

PLD ACRES

1

17

6.010

4.970

0.248

2

21

7.423

5.905

0.296

3

10

5.566

4.748

0.237

4

16

6.506

4.458

0.223

PLD credit

-

-

-

(0.000)

TOTAL

64

25.505

20.081

1.004
 

A variance to the public land dedication requirement is requested on the application.  However, a Public Land Dedication agreement is in effect.  The installation of street improvements, in accordance with the "Technical Standards" is required.  This development will have significant impact on South Florida Avenue and should improve the street as follows: 24’ wide paved roadway with curb and gutter and sidewalk on the west side of Florida.  The commitment made in the other phases of Sedona Ridge, for the improvement of South Florida Avenue, should be followed through on at this time.  The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required.  At the time of this report there are several concerns about the public waterlines that remain unresolved.  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 will be drafted for the completion of improvements.  Restrictions on access from lots on Florida Avenue must be noted on the plat.  

STAFF RECOMMENDATION: With the revision of engineering comments and resolution of the paving issues and amendment of the drainage report, approval of the final plat of SEDONA RIDGE ESTATES PHASE 4 SUBDIVISION is recommended. 

Mr. Klad Zimmerle, Alamotero Land Surveys, stated this is a development that is taking place north of Phase 3 and south of Desert Hills East.  We are proposing a horseshoe configuration on the streets within the subdivision, which will not depend on access onto Florida Ave. for the subdivision itself directly.  Concerning the issue about paving, there is an amended agreement with city that supercedes the one in your packet, which states that nothing will be done with Florida Ave. until there is 70% occupancy in Phase 2 and Phase 3.  This was worked out after Phase 3 was under construction.  At that time, twenty-four feet (24’) of roadway back of curb will be constructed.  Also, public land dedication in the next unit will bring things up to the “owed” amount. 

Ms. Few stated that she had no prior knowledge of the paving and public land issues and she was not prepared to address those issues until she could research them. 

Mr. Brian McGuire stated he attended the city council meeting and did know the Florida Ave. paving agreement and the land dedication during Phase 5 were approved.  Thus those issues and the drainage issue have been resolved. 

Commissioner McCracken made a motion “TO APPROVE” CASE S-05-0883 (A) continuation of final plat.  Commissioner Goga seconded.  All voted, approving the motion by a vote of 4-0-0.  This case will be heard at the City Commission meeting on July 26, 2005. 

E.  CASE: S-05-0885(A).  PETITIONER: Sedona Development, Inc., owner, by Klad Zimmerle., P.L.S., agent. REQUEST: Approval of the preliminary and final plat of SEDONA RIDGE ESTATES PHASE 5 SUBDIVISION, for thirteen (13) lots; with variances on the construction and installation of alleys, 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: ±4.785 acres. LOCATION:  South Florida Avenue. CURRENT LEGAL: A tract of landing the Northeast quarter of Section 6, T17S, R10E, NMPM, Alamogordo, Otero County, New Mexico described by metes and bounds as follows:  Starting at the Northwest corner of said Northeast quarter and going south 00 degrees 06 minutes 11 seconds East along the West line of said Northeast quarter a distance of 650.61 feet to the place of beginning of the tract of land herein described; thence North 89degrees 57 minutes 10 seconds East a distance of 120.00 feet; thence South 00 degrees 02 minutes 50 seconds East a distance of 9.46 feet; thence North 89 degrees 57 minutes 10 seconds East a distance of 170.00 feet; thence North 00 degrees 02 minutes 50 seconds West a distance of 40.00 feet; thence North 89 degrees 57 minutes 10 seconds East a distance of 155.00 feet; thence South 00 degrees 02 minutes 50 seconds East a distance of 40.00 feet; thence North 89 degrees 57 minutes 10 seconds East a distance of 156.64 feet; thence South 00 degrees 17 minutes 04 seconds West a distance of 212.91 feet; thence South 57 degrees 46 minutes 54 seconds West a distance of 133.83 feet; thence along the arc of a curve to the right whose central angle is 20 degrees 01 minutes 28 seconds and whose radius is 100.00 feet an arc distance of 34.95 feet; thence South 77 degrees 48 minutes 21 seconds West a distance of294.73 feet; thence along the arc of a curve to the left whose central angle is 47 degrees 46 minutes 13 seconds and whose radius is 200.00 feet and arc distance of 166.75 feet; thence South 30 degrees 02 minutes 08 seconds West a distance of 71.43 feet; thence North 00 degrees 02 minutes 50 seconds West a distance of 525.84 feet to the said place of beginning. CURRENT ZONE: District "R-1" (Single Family Dwelling). 

Ms. Few reported Sedona Development Inc. owns 4.785 acres in Section 6, T17S, R10E, NMPM, within the City of Alamogordo.  Approval of the preliminary and final plat of SEDONA RIDGE ESTATES PHASE 5 SUBDIVISION for the development of thirteen (13) lots is requested.  The property is zoned "R-1" (Single Family Dwelling) District.  The 2000 Comprehensive Plan designates this property to be developed as medium density single family urban.  The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance.  An Avigation Easement limiting vertical development to not more than fifty feet (50') above ground level will be provided.  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. Public Safety requests alleys.  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.  At the time of this report there are several concerns about drainage that remain unresolved.  The drainage report was submitted on the date that this report was due and has not been reviewed 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  Land is included on the plat for public land dedication to the City of Alamogordo.  The following is a summary of the acreage due the City for dedication: 

UNIT NO.

NO. LOTS

GROSS ACREAGE

NET ACREAGE

PLD ACRES

1

17

8.010

4.970

0.248

2

21

7.423

5.905

0.296

3

10

5.566

4.748

0.237

4

16

6.506

4.458

0.223

5

13

4.785

3.360

0.168

PLD credit

-

-

-

(0.350)

TOTAL

77

30.290

23.441

0.822
 

A Public Land Dedication agreement is in effect.  The proposed dedication of 0.350 is short 0.822 acre (35,806.32 square feet) of the required dedication.  The installation of street improvements, in accordance with the "Technical Standards" is required.  This development will have significant impact on South Florida Avenue and should improve the street as follows: 24’ wide paved roadway with curb and gutter and sidewalk on the west side of Florida.  The commitment made in the other phases of Sedona Ridge, for the improvement of South Florida Avenue, should be followed through on at this time.  The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required.  At the time of this report there are several concerns about the public waterlines that remain unresolved.  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 will be drafted for the completion of improvements.  Restrictions on access from lots on Florida Avenue must be noted on the plat.  

STAFF RECOMMENDATION: Continuation of the final plat of SEDONA RIDGE ESTATES PHASE 5 SUBDIVISION is recommended pending resolution of the issues on public land dedication, utilities and drainage. 

Mr. Klad Zimmerle, Alamotero Land Surveys, stated this is very similar to Phase 4.  We’re doing an extension off of Choya into two (2) cul-de-sacs.  Some existing utilities are in place and will serve this area; also this would have no direct access onto Florida. Access will go up thru Desert Hills East, Phase 1.  There will be public land dedication on this plat.  We are proposing a “pocket park”, also looking at bike paths thru the drainage and the paths will also serve as ditch maintenance and emergency vehicle access to the rears of these homes that back up to the drainage area. 

Mr. Eddie Livingston, Livingston and Associates, stated that drainage water piping, bike paths and emergency access issues were still being considered.  Nothing has been decided yet.  Further discussion involved culvert cleanout and maintenance. 

Tommy Messer, Sundance Development, mentioned land dedication numbers were just revised this morning and the current number is one-half acre (1/2).  If this is “green belted” then the numbers will be exceeded.  If not, we may need to defer that to another area of development.  We are hoping to get all of the details of the staff issues worked out before the next city commission meeting. 

Mr. McCracken asked Ms. Few her opinion if these items could be worked out in time to go to the city commission.  She noted that Mr. McGuire had said they could be worked out. 

Commissioner Goga made a motion “TO APPROVE” CASE S-05-0885(A) approval of the final plat pending resolution of the issues on public land dedication, utilities and drainage as recommended by staff.  Commissioner Gardiner seconded.  All voted, approving the motion by a vote of 4-0-0.  This case will be heard at the City Commission meeting on July 26, 2005. 

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

Ms. Few reported Teresa Ham owns a 50.191 acre tract of land in Section 29, T16S, R10E, NMPM.  Approval of the preliminary plat of a subdivision to divide the property into 155 lots within the City of Alamogordo has been requested.  The property is zoned "R-1" (Single Family Dwelling) District.  The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban).  Streets on and adjacent to the tract are required on the plat, together with the rightofway widths, names, etc.  The preliminary plat must be corrected to provide the required information on all streets including Canyon Road and Andergill Avenue.  Zoning on and adjacent to the tract is required to be on the plat.  Notation of "future zone" designation is not appropriate and does not guarantee and approval of rezoning applications in the future.  No requests have been submitted to the Planning Division for any rezoning applications for this property or any of the adjacent land.  Minimum building setback lines (front and street side yard) are required to be shown on the plat.  These setbacks need to be shown on the plans as the existing standard (e.g. twenty-five foot front setback).  All water service line connections need to comply with the City's Technical Standards.  Direct vehicular access onto Canyon Road should be prohibited due to safety reasons.  Disclosure of this fact will be required on the final plat.  No signoff sheet was provided to indicate that the proposed utility locations, easement widths, etc., are satisfactory to the various utility companies providing service within the City of Alamogordo.  A signed utility plan will be required.  Public land, at a maximum of five percent (5%) of the total area of the subdivision, exclusive of streets and alleys, is required to be dedicated to the City of Alamogordo.  Land is included on the plat for public land dedication to the City of Alamogordo.  The following is a summary of the acreage due the City for dedication: 

UNIT NO.

NO. LOTS

GROSS ACREAGE

NET ACREAGE

PLD ACRES

 

155

50.191

36.110

1.806

PLD

-

-

-

(1.500)

TOTAL

155

50.191

36.110

0.306

Access must be provided to the proposed park.  Street re-design is needed as follows:

a.  The master plan proposes a new collector between Canyon and Florida in this location.  Re-design to allow Mimosa to continue to the east to connect with Canyon Road is needed.  Connecting right-of-way will be supplied by the Seventh Day Adventist Church.

b.  The proposed connection of San Miguel to Canyon Road should be eliminated.

c.  La Vista should be continued south of Mimosa to allow access onto other properties.

d.  A connection from San Miguel to Andergill on the north is needed.

e.  Lot corners at alleys and streets should be cut to a 45 degree angle to provide visibility for traffic exiting an alley.

f.  Additional comments from Engineering are attached. 

Utility concerns from Public Works and Engineering are attached.  Additionally water lines must be looped from Canyon Road. 

STAFF RECOMMENDATION: Continue consideration of the preliminary plat of CANYON PARQUE SUBDIVISION for the redesign of the noted. 

Mr. Klad Zimmerle, Alamotero Land Surveys, stated “we’re testing the water”.  We’re seeing what city staff is going to require.  This is a “concept”.  We’re not asking for zoning approval, or lot lay-out approval; we just want to see what staff, and/or engineering want so we can plan appropriately.  We’re looking at a connection from Mission Hills to Canyon Road.  One thing we need to find out is what type of water loops is going to be required.  This development will be phased in.  If Mimosa Street runs straight thru, it will be like a drag strip and get somebody hurt.  Street offsets are being proposed to slow things down.  According to the present map, Mimosa Street goes straight into the church. 

Ms. Few stated, at that point, the church has already committed for right-of-way dedication for continuation of Mimosa, which would save Ms. Ham right-of-way land dedication area.  Staff has been directed to continue and get the road connection from the church. 

Mr. Zimmerle said that could be worked out.  Now the argument turns to the connection with Andergill.  We don’t want to connect this subdivision to that subdivision.  The proposed area up against Canyon Rd. may someday be commercial.  I’m not expecting any rezoning or rezoning commitments from this meeting.  It may develop into that in the future.  We know that it will take some engineering and reworking to get things out to Canyon Rd. and to Ocotillo.  Mr. Zimmerle stated as it is phased, streets will go to adjacent properties that are going to be developing.  Several of those large tracts are in the planning stages.  These streets will provide utilities and access to them.  Quite possibly, at sometime in the future, make a connection to the 5 acre park below.  I’d also like for the city commission to take a look at this before we actually kick it off, so we know where we’re going to go. 

Chairman Sanders asked, “What exactly do you want us to do with this?”  Mr. Zimmerle answered it is a future concept master plan preliminary.  We just need your input of what you will accept from us.  Ms. Sanders noted that the possible future zoning designation for commercial, conjures up the image of a convenience store. 

Commissioner Gardner asked for clarification when reading the topo map and to where the arroyos run.  Mr. Zimmerle noted that there are some benefits to this property.  Because of the ground slope of this area, it all drains correctly toward the new Corps of Engineers pond at the Mid-School.  These lots will be engineered and graded out to continue to drain in that direction  

Ms. Ham questioned the land dedication from the church for the road going straight through from Mimosa.  The church has some plans for a school and a small residential area.  Ms. Few stated the church had offered the right-of-way dedication and she had been directed to get the road connection from the church and go thru as a straight shot. 

Mr. McCracken asked what is wrong with continued consideration, until all these other things are worked out.  Mr. Zimmerle stated he just wants to get input from staff and city commission so they will know what it will take to make this work.  We will work with the engineer and will bring it back to commission for preliminary and final approval. 

Commissioner Goga made a motion “TO APPROVE” CASE S-05-0886 (A) approval to continue consideration of the preliminary plat for the redesign of the noted.  Commissioner Gardiner seconded.  All voted, approving the motion by a vote of 4-0-0.  This case will be continued at the regular Planning and Zoning Commission meeting on August 3, 2005. 

G.  CASE: S-05-0888(A).  PETITIONER: CAP II – 10th/White Sands, LLC, and Walgreen Hastings Company, owners, by Christian A. Clausen, P.L.S., agent. REQUEST: Approval of the final plat of ALAMO BLOCKS, BLOCKS 1 AND 2, REPLAT C, SUBDIVISION, for two (2) lots; with variances on the construction and installation of alleys, and on the dedication of public land; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±4.86 acre. LOCATION: 895 and 923 N. White Sands Boulevard and 120 and 150 E. Tenth Street. CURRENT LEGAL: Lot 1B, Blocks 1 and 2, Alamo Blocks, Replat B, Lots 2 and 3, Blocks 1 and 2, Alamo Blocks, Replat A, and Lots 13 through 16, Block 1, Alamo Blocks. CURRENT ZONE: District "C-3" (Business) and District "M-1" (Light Industrial). 

Ms. Few reported CAP II – 10th/White Sands, LLC, and Walgreen Hastings Company own Lot 1B, Blocks 1 and 2, Alamo Blocks, Replat B, Lots 2 and 3, Blocks 1 and 2, Alamo Blocks, Replat A, and Lots 13 through 16, Block 1, Alamo Blocks, within the City of Alamogordo.  Approval of the final plat of ALAMO BLOCKS, BLOCKS 1 AND 2 REPLAT C SUBDIVISION has been requested.  Subject subdivision is for the re-design of two (2) lots and relocation of a sewer line.  The property, 895 and 923 N. White Sands Boulevard and 120 and 150 E. Tenth Street, is zoned District "C-3" (Business) and District "M-1" (Light Industrial).  The 2000 Comprehensive Plan designates this property to be developed as commercial and retail.  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.  The name of the subdivision on the plat must be corrected to ALAMO BLOCKS, BLOCKS 1 AND 2 REPLAT C SUBDIVISION.  The minimum building setback line on all lots and other sites is required 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 is required.  The design data has just been received but staff, at this time, has not reviewed or commented on the plans.  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.  A variance to the public land dedication requirement has been requested on the application.  The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required.  Concerns from Engineer Dean Hunt are included in the packet.  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 will be drafted for the completion of improvements. 

STAFF RECOMMENDATION: Continue consideration of the final plat of ALAMO BLOCKS, BLOCKS 1 AND 2 REPLAT C SUBDIVISION pending review of the engineering. 

Mr. Christopher Clausen, Surveyor, stated this is a first step for what will be a slew of improvements to this site.  On-site draining, sanitary sewer and other engineering issues have been addressed generally at this level, but we would like to address these issues fully when we get to the engineering plan review stage.  At this stage, the replat is pretty cut and dried.  Our concept is pretty simple; clean up that corner, get rid of the Taco Bell and put in a Walgreen’s.  At some point other improvements will be made by others. 

Chairman Sanders asked if the road, right-of-way, easement (whatever that is) that runs to the west of Albertson’s connecting 8th street to 10th street, will it remain in tact.  Mr. Clausen stated it is an existing utility easement and will remain open for access to the utilities in that area.  Also, we are in the process of submitting a re-zoning packet for C1.  There are a few textural changes we will make to the plat then submit for signatures. 

Commissioner Goga made a motion “TO APPROVE” CASE S-05-0888(A) approval of the final plat with staff concerns met.  Commissioner McCracken seconded.  All voted, approving the motion by a vote of 4-0-0.  This case will be heard at the City Commission meeting on July 26, 2005. 

 

7.  REPORTS.

A.  City Planner.

(1)  August Agenda – Two (2) items will carry over, bringing total to 5—with no public hearings.

(2)  Ms. Few reported the resignation of Commissioner O’Hara due to increase travel concerns and time constraints.  Also this will be the last meeting for Commissioner Sam Sandoval, HAFB Ex-Officio.  He will be transferring to another base in Arizona.

B.  CHAIRMAN None.

C.  COMMISSIONERS.

(1.)  Representative from HAFB—Mr. Sandoval expressed appreciation to the commission for the time he was associated with them.  He’s not sure who will be taking his place, possibly someone from Cannon.

(2.)  Representative to County Planning Commission.

(3.)  General

 

8.  PERSONS TO BE HEARD None. 

 

9.  ADJOURNMENT There being no further business to come before the Commission, Commissioner Goga made a motion "TO ADJOURN".  Seconded by Commissioner Gardiner.  All voted "AYE", passing the motion by a vote of 400.  The meeting adjourned at approximately 4:55 p.m. 

Approved: August 3, 2005

/s/ Ginna L. Sanders

Ginna L. Sanders, Chairman 

ATTEST:

/s/ Linda Sanderson

Linda Sanderson, Recording Secretary