March 02, 2005 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

March 2, 2005

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman.

Mr. Richard M. McCracken, 1st Vice-Chairman.

Mr. Mark S. Goga, 2nd Vice-Chairman.

Ms. Sharon Gardiner, Member.

Mr. Andrew "J.R." Gomolak, HAFB, Ex-Officio Proxy Member

MEMBERS ABSENT:

Mr. Michael M. O'Hara, Member.

Mr. Sam Sandoval, HAFB, Ex-Officio Member.

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. Patrick C. Vandergriff, Building & Land Development Manager.

Ms. Linda Sanderson, Recording Secretary.

OTHERS PRESENT:

Mr. Joe Bailey, Mr. Michael Espiritu, Mr. Steven Sandoval, Mr. Klad Zimmerle, Mr. Dillard Atwell, Mr. Gary Hutchins, Mr. Doug Nelson, Mr. & Mrs. Jacob Robinson, Ms. Kay Gomolak, Ms. Teresa Ham; and other unidentified persons.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled March 2, 2005, meeting to order at approximately 1:35 p.m. Chairman Sanders noted that a total of eight (8) items were to be considered, four (4) under Public Hearing. Recommendations to the City Commission are to be made by the Planning and Zoning Commission for approval or denial of the requests. The City Commission will consider these requests at its meeting of March 22, 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 REGULAR MEETING FOR FEBRUARY 2, 2005. Commissioner Goga made a motion "TO APPROVE THE MINUTES, WITH CORRECTION FOR VOTE ON CASE# S-05-0864(A) FROM FEBRUARY MEETING. VOTE SHOULD BE 5-1-0 WITH COMMISSIONER GOGA VOTING NAY". Seconded by Commissioner McCracken. All voted "AYE", approving the motion by a vote of 4-0-0.

4. PUBLIC HEARING.

CASE: V-05-0476(A). PETITIONER: Tool Box, LLC, owner. REQUEST: Approval of variances from Section 29-03-250, of the Code of Ordinances of the City of Alamogordo, New Mexico, as follows: (1) a front setback variance of five feet (5'), which if approved, would allow front yard of twenty feet (20'), rather than the twenty-five foot (25'') front yard setback required by Code; and (2) a rear setback variance of ten feet (10'), which if approved, would allow a rear yard of ten feet (10'), rather than the twenty foot (20'') rear yard setback required by Code. TOTAL AREA: ±2.134 acres. LOCATION: 830 through 990 Sierra Verde. CURRENT LEGAL: Lots 33 through 41, Hermosa El Sol Subdivision. CURRENT ZONE: District "C" (Multi-family Dwelling).

Ms. Few reported the property, 830 through 990 Sierra Verde, is zoned "C" (Multi-family Dwelling) District. The 2000 Comprehensive Plan designates this property to be developed as high density residential. A front yard of not less than twenty-five feet (25') is required. The developer has requested that the front setbacks on these properties be reduced to allow a front yard of twenty feet (20') which requires a five feet (5') variance. The reduced setback increases the potential for conflict between pedestrians and vehicles. Similar variances have been granted only for residences with side-entrance garages. This variance can only be supported with the conditions that adequate off-street parking be provided and that the potential conflicts between pedestrians and vehicles (parking and the backing) be minimized. A rear yard of twenty feet (20') is required for the depth of these lots. A rear yard only ten feet (10'') deep is planned. A variance of ten feet (10') has been requested. This is a new subdivision which received a variance to eliminate alley's from the subdivision. Public Safety noted that reducing the rear setback is not recommended because:

Fire fighting operations are negatively impacted when rear yard setback are reduced (i.e. firefighter access to the rear of the structure, rescue from the rear of the structure, access to the roof for ventilation, etc.), and

With no alleys, a block/rock wall separating the back-to-back properties, a multi-family dwelling and a reduced rear setback to ten feet, public safety operations in the rear of these structures has the potential to become extremely hazardous.

The developer is proposing fifteen foot (15') rear yard setbacks, rather than the requested ten foot (10') setback. Public Safety feels that this compromise is more acceptable and is willing to support it. 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 in a subdivision which is only a year old. The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance, Chapter 4, Article 4-07, of the Code of Ordinances of the City of Alamogordo, New Mexico. An Avigation Easement limiting vertical development is in effect on the property. Pursuant to Section 29-01-070(c), of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised January 16 and February 13, 2005, in the Alamogordo Daily News, and 43 notices were mailed to property owners within the 200 foot legal protest area on January 14 and February 11, 2005. No protests to the requested variance have been received; however, 10:00 a.m. on March 2, 2005 is the deadline for protests to be submitted to the City’ Planner. Staff recommends approval of the five foot (5') front yard setback variance with the requirements that adequate off-street parking be provided and that potential conflicts between pedestrians and vehicles (parking and the backing) be minimized, deny the requested ten foot (10') rear yard setback variance, and approve a five foot (5) variance for rear yard setbacks.

Mr. Klad Zimmerle, Alamotero Land Surveyors, was available to represent the owner and answer any questions. He stated the setback variances as recommended by staff would be acceptable. No further discussion was necessary.

Commissioner Goga made a motion "TO RECOMMEND APPROVAL OF CASE V-05-0476(A) for five foot (5’) front yard and five foot (5’) rear yard variances. Commissioner McCracken seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0. This case will be heard at the City Commission meeting on March 22, 2005.

B. CASE: V-05-0477(A). PETITIONER: Samuel D. Arney, owner, by Dillard Atwell, Subway Manager and agent. REQUEST: Approval of a variance of ten feet (10') from Section 29-03-310, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing front setbacks on White Sands Boulevard; which, if approved, would allow the store to be expanded to the east to facilitate a remodel and upgrade, rather than the ten foot (10') setback required by Code. TOTAL AREA: ±0.318 acre. LOCATION: 630 S. White Sands Boulevard. CURRENT LEGAL: A tract of land in the Southwest quarter Northeast quarter of Section 30, T16S, R10E, NMPM, Otero County, New Mexico, more particularly described as follows: Starting at the Southwest corner of said Southwest quarter Northeast quarter and going Easterly along the South line of said Southwest quarter Northeast quarter a distance of 108.43 feet to the West right-of-way line of U.S. Highway 54-70-82; thence North 00 degrees 17 minutes West along said right-of-way line a distance of 371.25 feet to the place of beginning of the tract of land herein described; thence South 89 degrees 43 minutes West a distance of 104.95 feet; thence North 00 degrees 14 minutes 30 seconds East a distance of 132.77 feet; thence North 89 degrees 43 minutes East a distance of 103.83 feet; thence South 00 degrees 17 minutes East a distance of 132.77 feet to the place of beginning. CURRENT ZONE: District "D" (Business).

Ms. Few reported the property, 630 S. White Sands Boulevard, is zoned "D" (Business) District. The 2000 Comprehensive Plan designates this property to be developed as commercial and retail.

A setback of at least ten feet (10') from the front lot line is required. The building addition will be at the front property line. Therefore a variance of ten feet (10') is requested. [Subject property line is approximately 50 feet west of the curb]. A variance to dimensional regulations may be granted where: (1) such action will not be materially detrimental to the public interest; and (2) such action, will not grant a discriminatory benefit to the land owner and/or harm neighboring properties; and (3) such action, owing to conditions peculiar to the property or the neighborhood and not the result of actions or the situation of the applicant, a literal enforcement of the Code of Ordinances of the City of Alamogordo, New Mexico, and not in conflict with any other adopted code, would result in practical difficulties or unnecessary hardship. The location of the restrooms for compliance with ADA recommendations is justification of hardship, beyond the control of the applicant. The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance, Chapter 4, Article 4-07, of the Code of Ordinances of the City of Alamogordo, New Mexico. An Avigation Easement limiting vertical development has been prepared. Pursuant to Section 29-01-070(c), of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised February 13, 2005, in the Alamogordo Daily News, and ten (10) notices were mailed to property owners within the 200 foot legal protest area on February 11, 2005. No protests to the requested variance have been received; however, 10:00 a.m. on March 2, 2005 is the deadline for protests to be submitted to the City’ Planner. Staff recommends approval of the front setback variance.

Mr. Dillard Atwell, Subway Manager and agent, was available to answer questions. Commissioners had no questions.

Commissioner Gardiner made a motion "TO APPROVE CASE V-05-0477(A) Approval of variance of ten feet (10’) front setback. Commissioner Goga seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0. This case will be heard at the City Commission meeting on March 22, 2005.

C. CASE: Z-05-0638(A). PETITIONER: Makinson & Moore, LLC, owners. REQUEST: Approval of an ordinance to amend the official zoning map and the adopted comprehensive plan of the City of Alamogordo to change the zoning to District "D-2" (Neighborhood Business), or a more restrictive classification; which, if approved, would allow the property to be used/developed for legal retail uses to include additional apartments and storage units. TOTAL AREA: ± 2.3 acres. LOCATION: 900 Mescalero Street. CURRENT LEGAL: Tract 8, Collins Tracts. CURRENT ZONE: District "C" (Multi-family Dwelling).

Ms. Few reported the property, 900 Mescalero Street, is zoned "C" (Multi-family Dwelling) District.

The 2000 Comprehensive Plan designates this property to be developed as medium density residential. Although the rezoning will not conform to the master plan it will continue like zoning from the west. The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance, Chapter 4, Article 4-07, of the Code of Ordinances of the City of Alamogordo, New Mexico. An Avigation Easement limiting vertical development has been prepared. 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 February 13, 2005, in the Alamogordo Daily News, and twenty-two (22) notices were mailed to property owners within the 200 foot legal protest area on February 11, 2005. Of the twenty-two (22) notices, one (1) protest to the requested variance was received, which is .238 (2.38%) of the 200 foot legal protest area, however, the deadline for the receipt of protests by the City Planner is 10:00 a.m. on March 2, 2005. Approval of the rezoning to District "D-2" (Neighborhood Business) is recommended, as it will continue like zoning from the west.

Mr. Steve Sandoval was present to answer questions for the owners. Chairman Sanders asked if there were any plans to enclose the storage units. Mr. Sandoval replied there are plans to construct a chain link fence around the perimeter. Commissioner McCracken asked if there were going to be specific hours and security for the units. Mr. Sandoval noted there would probably be regular business hours and they would look into the possibility of some type of security.

Mr. Jacob Robinson was present to protest the rezoning. He stated that it would cause more trash in the area, more traffic, more accidents and more noise. The current residents in the area would no longer be able to enjoy life as they know it. Mr. Sandoval added they would do everything they could to eliminate his concerns.

Commissioner Goga made a motion "TO APPROVE CASE Z-05-0638(A) APPROVAL OF THE REZONING TO DISTRICT "D-2" (Neighborhood Business). Commissioner McCracken seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0. This case will be heard at the City Commission meeting on March 22, 2005.

D. CASE: V-05-0478(A). PETITIONER: Michael Espiritu and Karen Espiritu, owners. REQUEST: Approval of a variance of nine feet (9') from Section 29-03-040, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing rear yards; which, if approved, would allow a fifteen foot back yard, rather than the twenty-four foot (24') setback required by Code. TOTAL AREA: ±0.309 acre. LOCATION: 3014 Birdie Loop. CURRENT LEGAL: Lot 38, Sedona Ridge Estates, Phase Two. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported the property, 3014 Birdie Loop, is zoned "A" (Single Family) District. The 2000 Comprehensive Plan designates this property to be developed as medium density residential. A rear yard of twenty-four feet (24') is needed for the depth of this lot. Only fifteen feet (15') is available for the rear yard setback. A variance of nine feet (9') is needed. The problem wad discovered after the building permit was issued and construction was underway. A variance to dimensional regulations may be granted where: (1) such action will not be materially detrimental to the public interest; and (2) such action, will not grant a discriminatory benefit to the land owner and/or harm neighboring properties; and (3) such action, owing to conditions peculiar to the property or the neighborhood and not the result of actions or the situation of the applicant, a literal enforcement of the Code of Ordinances of the City of Alamogordo, New Mexico, and not in conflict with any other adopted code, would result in practical difficulties or unnecessary hardship. The encroachment was not discovered in time by staff to prevent a hardship, beyond the control of the applicant. The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance, Chapter 4, Article 4-07, of the Code of Ordinances of the City of Alamogordo, New Mexico. An Avigation Easement limiting vertical development is in effect on this property. Pursuant to Section 29-01-070(c), of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised February 13, 2005, in the Alamogordo Daily News, and eleven notices were mailed to property owners within the 200 foot legal protest area on February 11, 2005. Of the eleven (11) notices, one (1) protest to the requested variance was received, which is .163 (1.63%) of the 200 foot legal protest area; however, 10:00 a.m. on March 2, 2005 is the deadline for protests to be submitted to the City’ Planner. Staff recommends approval of the rear yard variance, as the error was the result of a staff oversight.

Mr. Michael Espiritu, owner, was available to answer questions. Commissioner Gardiner asked if any of the surrounding lots could replatted to give the required setback. Mr. Espiritu stated that was not possible.

Mr. Pat Vandergriff, Building Official, was present to speak on behalf of the owner. It was Mr. Espiritu that brought this to the department attention. He never tried to hide anything, only wanted it straightened out correctly. Since it was the department fault for the oversight from the very beginning, I think we should approve this case.

Commissioner Goga made a motion "TO APPROVE CASE V-05-0478(A) APPROVAL OF A VARIANCE OF NINE FEET (9’) governing rear yards; which, if approved, would allow a fifteen foot (15’) back yard, rather than the twenty-four foot (24') setback required. Commissioner McCracken seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0. This case will be heard at the City Commission meeting on March 22, 2005.

E. CLOSE PUBLIC HEARING.

5. SUBDIVISIONS.

A. CASE: S-05-0866A). PETITIONER: C. O. P. E., Inc., owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the final plat of TRIPLE A SUBDIVISION, REPLAT D, for one (1) lot; with variances on the construction and installation of alleys, on the dedication of public land, and from Section 22-01-140(b)(1) relating to drainage plans; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±0.9895 acre. LOCATION: 909 S. Florida Avenue and 811 Mimosa Avenue. CURRENT LEGAL: Lots 1 and 2, Block 1, Triple A Subdivision. CURRENT ZONE: District "D-2" (Neighborhood Business) and District "C" (Multi-family Dwelling).

Ms. Few reported the Center of Protective Environment (C.O.P.E.), Inc., owns Lots 1 and 2, Block 1, Triple A Subdivision, in Section 29, T16S, R10E, NMPM, within the City of Alamogordo. Approval of the final plat of TRIPLE A SUBDIVISION, REPLAT D, for 0.9895 acre is requested. Subject subdivision is for the development of two (2) lots with the re-location of an alley. The property, 909 S. Florida Avenue, is zoned "D-2" (Neighborhood Business) District and, 811 Mimosa Avenue, is zoned "C" (Multi-family Dwelling). The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban). Through alleys, having a width of twenty feet (20'), are required in each block. The north/south alley on the west side of Lot 2 is being vacated and abandoned. A new alley is being dedicated on the north side of Lot 1 and utilities placed in it. No utilities exist in the section of alley being abandoned. The minimum building setback line on all lots and other sites is required to be shown on the plat. The front setback on Mimosa Avenue must be shown on the plat. Addresses for each lot are required on the plat. Addresses for each lot have been provided to the consulting engineer under separate cover and are required on the plat prior to filing. A drainage report sealed by a professional engineer, registered in the State of New Mexico, which shall include calculations for existing (pre-developed) and developed conditions. Drainage facilities shall be designed for the 50 year, 24 hour storm event under developed conditions and evaluated for failure and/or property damage during the 100 year, 24 hour storm event. On-site ponding is permitted on lots over ten thousand square feet (10,000 sf) in size and the drainage area is confined to subject lot. If on-lot ponding is technically infeasible, drainage or ponding in a common retention/detention pond may be permitted. Design calculations shall be in accordance with the appropriate USDA/SCS method. The drainage report is to be submitted prior to a building permit being issued for construction on Mimosa. 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. Approximately 20, 300 square feet of land will be transferred to the City for the new shelter. The installation of utility lines (water and sewer) in accordance with the "Technical Standards" is required. Plans for the new sewer line must be submitted, reviewed and approved by the City prior to consideration of the plat by the City Commission. The subdivider shall be required to enter into a contract with the City, agreeing to abide by and to comply with his layout and drawings, as finally approved, and also, all plans and specifications as approved. A contract has been drafted for the completion of improvements. Approval of the final plat of TRIPLE A SUBDIVISION, REPLAT D, with the requested variance (on a drainage report) is supported by staff.

Mr. Klad Zimmerle, Alamotero Land Surveys, stated this has been in the works for awhile. This will allow a fenced enclosure with a gate so they can go from the front to the back without having to leave the alley open. The drainage report will be submitted with the plans for the permit. One thing he does need to discuss is item "A", the installation of utility lines. The infrastructure is in place either from Florida or Mimosa. There are no plans for extension of any water or sewer lines in here. They know they have to relocate the fence closer to the building because of the new alley that is being dedicated. I don’t believe there is a need for a sub-dividers contract or utility extensions. Ms. Few stated she will double check on this and get it cleared up before reports go into the city commission.

Commissioners had no other comments or questions.

Commissioner Gardiner made a motion "TO APPROVE CASE S-05-0866(A) THE FINAL PLAT OF TRIPLE A SUBDIVISION, REPLAT D, WITH THE REQUESTED VARIANCE. Commissioner Goga seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0. This case will be heard at the City Commission meeting on March 22, 2005.

B. CASE: S-05-0867(A). PETITIONER: Teresa V. Ham, owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the preliminary and final plat of SAGEBRUSH SUBDIVISION, for sixteen (16) lots; with variances on the construction and installation of alleys, on the installation of utilities (sewer), on the construction of streets to City standards (24 foot width, curb, gutter, and sidewalk), on the length of time allowed for filing the final plat (requesting 90 days), on the dedication of public land, and from Section 22-01-140(b)(1) relating to drainage plans; with public access, and septic tank systems; located outside the City of Alamogordo, but within its planning and platting jurisdiction. TOTAL AREA: ±16.644 acres. LOCATION: Off of Toms Lane, La Luz, NM. CURRENT LEGAL: Lots 1A and 2A, Bessie Bonnell Subdivision, Replat A, and a tract in the Southwest quarter of Section 26, T15S, R10E, NMPM. CURRENT ZONE: No zoning, outside the City.

Ms. Few reported Teresa V. Ham owns 16.6 acres in Section 26, T15S, R10E, NMPM. Development of the property into sixteen (16) lots, each at least 0.75 acre, is proposed together with dedication of rights-of-way. The property has no zoning since it is located outside the City of Alamogordo. The 2000 Comprehensive Plan does not include this portion of the extra-territorial jurisdiction and, therefore, it contains no recommendation as to the development of the property. Upon approval of the final plat by the City Commission, the subdivider shall file and record the original thereof with the County Clerk and recorder of Otero County, State of New Mexico, and likewise deliver a copy thereof to the County Assessor within thirty (30) days after approval. The developer has requested ninety (90) days from City Commission approval to file the plat. The request should allow sufficient time to process the subdivision through the County’s procedure. The variance is supported by staff. 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. 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 is included in the disclosure statement. 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 sub-divider shall be required to enter into a contract with the City for the construction of such improvements. Connection to a community water system (with fire hydrants), individual septic tank systems, and twenty-four foot (24') wide paved streets are proposed for the subdivision. A variance from the requirements of the City's development standards has been requested and seems appropriate as the subdivision is outside the City's utility extension area. 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. Consideration of the subdivision is scheduled for consideration by the County. Approval of the preliminary and final plat of Sagebrush Subdivision with the requested variances (on alleys, on public land dedication, the time allowed for filling the plat, and on the construction of utilities and streets to City standards) is supported by staff.

Mr. Klad Zimmerle, Alamotero Land Surveys, stated this would be considered an infield type subdivision in La Luz meaning, there are some areas between JJ Henry and Alamo St. this will fill in. The roads will be paved. It will have Village water and fire hydrants. The lots, (.9 acres), will be adequate for 4 bedroom homes, the smaller lots will be limited to 3 bedroom homes. The utilities will be underground.

Commissioners had no other questions or comments.

Commissioner Goga made a motion "TO APPROVE CASE S-05-0867(A) APPROVAL OF THE PRELIMINARY AND FINAL PLAT WITH THE REQUESTED VARIANCES. Commissioner McCracken seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0. This case will be heard at the City Commission meeting on March 22, 2005.

C. CASE: S-05-0868(A). PETITIONER: John R. Secrest, Jr., Olga M. Secrest, James V. O'Brien, and Justine O'Brien, Owners, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the preliminary and final plat of OLGA ACRES SUBDIVISION, for thirteen (13) lots; with variances on the construction and installation of alleys, on the installation of utilities (water and sewer), on the construction of streets to City standards (dedication, curb, gutter, sidewalk, and paving), on the length of time allowed for filing the final plat (requesting 90 days), on the dedication of public land, and from Section 22-01-140(b)(1) relating to drainage plans; with private access, wells, and septic tank systems; located outside the City of Alamogordo, but within its planning and platting jurisdiction. TOTAL AREA: ±13.431 acres. LOCATION: Olga Lane, West from U.S. Highway 54/70. CURRENT LEGAL: Tract in the Northeast quarter of Section 21 and the Northwest quarter of Section 20, T15S, R10E, NMPM. CURRENT ZONE: No zoning, outside the City.

Ms. Few reported John R. Secrest, Jr., Olga M. Secrest, James V. O'Brien, and Justine O'Brien own 13.4 acres in Section 21, T15S, R10E, NMPM. Development of the property into thirteen (13) lots, each at least 082 acres, is proposed. The property has no zoning since it is located outside the City of Alamogordo. The 2000 Comprehensive Plan does not include this portion of the extra-territorial jurisdiction and, therefore, it contains no recommendation as to the development of the property. Upon approval of the final plat by the City Commission, the subdivider shall file and record the original thereof with the County Clerk and recorder of Otero County, State of New Mexico, and likewise deliver a copy thereof to the County Assessor within thirty (30) days after approval. The developer has requested ninety (90) days from City Commission approval to file the plat. The request should allow sufficient time to process the subdivision through the County’s procedure. The variance is supported by staff. 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. 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. Public land, at a maximum of five percent (5%) of the total area of the subdivision, exclusive of streets and alleys, is required to be dedicated to the City of Alamogordo. A variance to the requirement of public land dedication is 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. The subdivision is being developed with private well, septic tank systems, and gravel roads on easements. As the development is outside the City's utility extension area, variance on development standards is supported. Otero County and the City of Alamogordo shall exercise concurrent jurisdiction over territory within the five mile platting jurisdiction of both the county and the municipality. The subdivision is scheduled for consideration by the County Planning Commission.

Approval of the preliminary and final plat of Olga Acres Subdivision with the requested variances (on alleys, on public land dedication, and on the construction of utilities and streets to City standards) is supported by staff.

Mr. Klad Zimmerle, Alamotero Land Surveys, stated this subdivision is right next to the old Golden Spur. It is on the very extreme edge of the city’s extraterritorial jurisdiction. We are planning approximately thirteen (13) lots with private roads and shared wells if desired by the owners. Both of these have maintenance agreements.

Commissioners had no questions or comments.

Commissioner Goga made a motion "TO APPROVE CASE S-05-0868(A) APPROVAL OF THE PRELIMINARY AND FINAL PLAT WITH THE REQUESTED VARIANCES. Commissioner McCracken seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0. This case will be heard at the City Commission meeting on March 22, 2005.

D. CASE: S-05-0869(A). PETITIONER: Danley Ranch Estates, Inc., owner, by Klad Zimmerle, P.L.S., agent. REQUEST: Approval of the preliminary and final plat of DANLEY RANCH ESTATES, UNIT 3, SUBDIVISION, for thirty-two (32) lots; with variances on the construction and installation of alleys, on the installation of utilities (water and sewer), on the construction of streets to City standards (dedication, curb, gutter, sidewalk, and paving), on the length of time allowed for filing the final plat (requesting 90 days), on the dedication of public land, and from Section 22-01-140(b)(1) relating to drainage plans; with public access, private wells, and septic tank systems; located outside the City of Alamogordo, but within its planning and platting jurisdiction. TOTAL AREA: ±83.409 acres. LOCATION: North of Danley Ranch Road, west of US Highway 54/70. CURRENT LEGAL: Tract in the West half of Section 30, T15S, R10E, NMPM. CURRENT ZONE: No zoning, outside the City.

Ms. Few reported Danley Ranch Estates, Inc., owns 83.4 acres in Section 30, T15S, R10E, NMPM. Development of the property into thirty-two (32) lots, each at least 1.9 acres, is proposed together with dedication of rights-of-way. The property has no zoning since it is located outside the City of Alamogordo. The 2000 Comprehensive Plan does not include this portion of the extra-territorial jurisdiction and, therefore, it contains no recommendation as to the development of the property. Upon approval of the final plat by the City Commission, the subdivider shall file and record the original thereof with the County Clerk and recorder of Otero County, State of New Mexico, and likewise deliver a copy thereof to the County Assessor within thirty (30) days after approval. The developer has requested ninety (90) days from City Commission approval to file the plat. The request should allow sufficient time to process the subdivision through the County’s procedure. The variance is supported by staff. Through alleys, having a width of twenty feet (20') are required in each block. A variance to the requirement of alleys is requested by the applicant. As the subdivision is located outside the City of Alamogordo and will be developed to Otero County standards, approval of this variance is supported by staff. 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 drainage information is contained in the Disclosure Statement. 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 public land dedication is 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. The subdivision will have private wells, septic tank systems, and public gravel roads. Approval is supported. Otero County and the City of Alamogordo shall exercise concurrent jurisdiction over territory within the five mile platting jurisdiction of both the county and the municipality. The subdivision is scheduled for consideration by the County. Approval of the preliminary and final plat of Danley Ranch Estates, Unit 3, Subdivision with the requested variances (on alleys, on public land dedication, and on the construction of utilities and streets to City standards) is supported by staff.

Mr. Klad Zimmerle, Alamotero Land Surveys, stated this is a unique subdivision that is being developed out in this area. The owners are providing septic tanks, wells, and electricity to all of the lots. They are being sold as a package and often they are being combined with the trailer also. The county is working with the owners to get the roads in good shape for this subdivision.

Commissioners had no questions or comments.

Commissioner Gardiner made a motion "TO APPROVE CASE S-05-0869(A) APPROVAL OF THE PRELIMINARY AND FINAL PLAT WITH THE REQUESTED VARIANCES. Commissioner Goga seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0. This case will be heard at the City Commission meeting on March 22, 2005.

7. REPORTS.

A. City Planner.

(1) April Agenda. 5 items for April

(2) Mr. Gomolak has been appointed and has accepted to serve as city representative for the county planning commission.

B. City Attorney.

C. Chairman. Chairman Sanders asked staff to clarify with Mr. Ken McDaniel, City Attorney, if there were several subdivision cases and no one had any concerns and staff was recommending for approval, can these types of cases me passed as 1 consent item if the commission chooses to do so.

D. Commissioners.

(1) Commissioner Gomolak stated he would supply a brief summary of the County Planning Commission meetings on a monthly basis.

(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 Commissioners McCracken and Gardiner. All voted "AYE", passing the motion by a vote of 4-0-0. The meeting adjourned at approximately 2:40 p.m.

Approved: April 2, 2005

/s/ Ginna L. Sanders

Ginna L. Sanders, Chairman

ATTEST:

/s/ Linda Sanderson

Linda Sanderson, Recording Secretary