May 4, 2005 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

MAY 4, 2005 

MEMBERS PRESENT :

Ms. Ginna L. Sanders, Chairman.

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

Mr. Michael M. O'Hara, Member.

Ms. Sharon Gardiner, Member.

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

MEMBERS ABSENT : 

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

Mr. Sam Sandoval, ExOfficio Member. 

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Ms. Linda Sanderson, Recording Secretary.

Mr. Paul Quairoli, Fire Inspector. 

OTHERS PRESENT:

Mr. Billy Wade; Mr. Jerry Mooney; Mr. Klad Zimmerle, R. L. S.; and other unidentified persons. 

1.  CALL TO ORDER.  Chairman Sanders called the regularly scheduled May 4, 2005, meeting to order at approximately 1:30 p.m.  Chairman Sanders noted that a total of two (2) items were to be considered, one (1) under Public Hearing.  Recommendations to the City Commission are to be made by the Planning and Zoning Commission for approval or denial of the requests.  The City Commission will consider these requests at its meeting of May 24, 2005, to render final decisions. 

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

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

4.  PUBLIC HEARING. 

A. CASE: Z-05-0642(A).  PETITIONER: Billy D. Wade, owner.  REQUEST: Approval of an ordinance to amend the official zoning map and the adopted comprehensive plan of the City of Alamogordo to change the zoning to District “R-3” (Two Family Dwelling), or a more restrictive classification; which, if approved, would allow the property to be used/developed for two (2) residential units.  TOTAL AREA: ±8,100 square feet.  LOCATION: 1902 and 1902½ N. Florida Avenue.  CURRENT LEGAL: South 54 feet of the North 195 feet of the West 150 feet of Lot 1, Block 211, Alamo Blocks.  CURRENT ZONE: District "R-1" (Single Family Dwelling).  Billy D. Wade owns part of Lot 1, Block 211, Alamo Blocks, in Section 17, T16S, R10E, NMPM.  The proposed rezoning to District "R3" will legitimize the current use of the property and allow it to continue to be used for two (2) single family dwellings on the property.  The property, 1902 and 1902½ N. Florida Avenue, is zoned District "R1" (Single Family Dwelling).  A rezoning to District "R3" will be spot zoning.  The accessory building in the rear yard has apparently been used as an apartment for some years.  The requested rezoning is to legitimize that use and allow it to continue.  The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban).  The proposed rezoning will not conform to the adopted master plan.  Pursuant to Section 2901020, of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised on April 12 and April 17, 2005, in the Alamogordo Daily News, and thirtythree (33) notices were mailed to property owners within the 200 foot legal protest area on April 12, 2005.  No protests to the requested rezoning have been received; however, the deadline for the receipt of protests by the City Planner is 10:00 a.m. on May 4, 2005.  As the request will constitute spot zoning and will not conform to the adopted master plan, denial of the rezoning to District "R3" (Two Family Dwelling) is recommended by staff.  If documentation can be provided that the accessory building has operated without interruption (less than two years) as a preexisting nonconforming apartment, it may continue to legally operate under that classification.  Otherwise, the use of that building as a residence will need to be ended. 

Mr. Jerry Mooney, ERA Simmons Realtor, was available to speak for the case.  Mr. Billy D. Wade acquired this property several years ago and it was being used as rental property at that time.  In talking to the former owners, they stated they converted this property in 1995 or early 1996, from a garage workshop into a 2BR 1B family unit.  They started renting it immediately.  The gas company records only go back to Oct. 1999.  It has been separately metered for gas since that time.  There is one (1) water meter.  Other properties in the neighborhood have exactly the same situation, with an auxiliary building on the property.  Rental records are available to indicate this property has always been used for rental.  There is very little affordable housing in Alamogordo and this would continue to meet the need of the area. 

Ms. Sanders clarified there is a difference in rate charges for a single family VS. multi-family metering charges.  Ms. Few noted this has always been billed and paid as a single family free-standing residence without any accessory use ever by the city.  There should be payment of two (2) sewers and two (2) garbage’s, even though it is on one meter.  Master metering is fine as long as the number of units is recognized and billed.  Ms. Few also noted that just because something “has always” been used in a specific manner, doesn’t make it legal.  This is an illegal use that was illegally converted.  The other properties mentioned earlier are all placed legally and zoned accordingly or pre-existing before the 1950’s.  The Comprehensive Master Plan is the benchmark that City staff, Planning Commission and City Commission, is to use for highest and best use of an area.  Our Comprehensive plan does designate this area for single-family urban use, not multi-family and not two-family.  This is one of the streets that we do not want multi-family development on. We want to minimize the number of curb-cuts and the number of driveways in this area because Florida is identified as an arterial collector for traffic movement.  Those are the reasons we are recommending denial of this property, besides the illegal conversion. 

Ms. Sanders noted that a few months ago we had another case in this area for multi-family rezoning.  Staff noted that case received Planning Commission recommendation and City Council approval. However, it has not gone forward because the requirements have not been met.   

Ms. Sanders asked for clarification for parking available for this property.  Mr. Mooney stated the parking is in the back and does not exit out onto Florida.  Only the front house has exits onto Florida.  The rental does have full access from the alley driveway to the back property.

Commissioner McCracken asked what is prompting Mr. Wade to ask for this rezoning at this time.  Mr. Wade had put the property up for sale and became aware of this zoning issue during the appraisal.  As a result of the current zoning, the banks will no longer finance this property.  At the time Mr. Wade bought the property, he paid cash.  Financing was not an issue. 

Other discussion followed, including the “mother-in-law” apartment possibility.  Ms. Few noted that “mother-in-law” apartments are not a legal use classification anywhere in our zoning district.  The other areas referenced are zoned multi-family or two-family zoning. 

Mr. Mooney further commented that he had spoke to the former owners yesterday and they did state they had performed the work with permit.  Public records were requested this morning but, have not been received yet for verification. 

Commissioner Gardiner expressed willingness to table the issue until records could be produced to verify the permits.  Ms. Few stated that just because a building permit is issued, that doesn’t make it a legal conversion. 

Commissioner O’Hara made a motion “TO DENY APPROVAL OF CASE Z-05-0642(A) rezoning to District "R-3" (Two Family Dwelling) because it would create spot zoning and not conform to the master plan.  Commissioner McCracken seconded the motion.  All voted, tieing the motion by a vote of 2-2-0.  Commissioners Gardiner and Sanders voted against the motion.  This case will be heard at the City Commission meeting on May 24, 2005. 

B.  CLOSE PUBLIC HEARING. 

5.  SUBDIVISIONS 

CASE: S-05-0874(A).  PETITIONER: Norma Bryant, owner, by Klad Zimmerle, P.L.S., agent.  REQUEST: Approval of the preliminary and final plat of NORTHGATE CENTER SUBDIVISION, for five (5) lots; with variances on the construction and installation of dedicated alleys, on the installation of utilities (water and sewer), on the construction of streets to City standards (dedication, curb, gutter, sidewalk, and paving), on the dedication of public land, and from Section 2201140(b)(1) relating to drainage plans; with public access, private wells, and septic tank systems; located outside the City of Alamogordo, but within its planning and platting jurisdiction.  TOTAL AREA: ±6.00 acres. LOCATION: South side of US Highway 82, between Spanish Daggers Drive and Land Air.  CURRENT LEGAL: A tract of land in Lot 6, Section 6, T16S, R10E, NMPM, Otero County, New Mexico, described by metes and bounds as follows:  Starting at the Northeast corner of said Lot 6 and going South 89 degrees 52 minutes 22 seconds West a distance of 141.17 feet to the South right-of-way line of U.S. Highway 82; thence South 43 degrees 00 minutes 30 seconds West along said right-of-way line a distance of 269.30 feet to the place of beginning of the tract of land herein described; thence South 00 degrees 05 minute 05 seconds East a distance of 328.39 feet; thence South 43 degrees 00 minutes 30 seconds West a distance of 1045.06 feet; thence North 46 degrees 59 minutes 30 seconds West a distance of 224.35 feet to the South right-of-way line of U.S. Highway 82; thence North 43 degrees 00 minutes 30 seconds East along said right-of-way line a distance of 1284.86 feet to the said place of beginning.  CURRENT ZONE: No zoning, outside the City.  Norma Bryant owns six acres in Lot 6, Section 6, T16S, R10E, NMPM.  Development of the property into five (5) lots, each at least 1.2 acres, is proposed.  The property has no zoning since it is located outside the City of Alamogordo.  The 2000 Comprehensive Plan designates this property as low density residential and vacant.  Through alleys, having a width of twenty feet (20') are required in each block.  A variance to the requirement of alley dedication is required.  An "easement" for alleys is being provided on the south side of the property, however this does allow the easement to be blocked between lots.  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 are 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.  A variance to the requirement of public land dedication is required.  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.  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 and individual septic tank systems are proposed for the subdivision.  A variance from the requirements of the City's development standards is requested.  The level of improvements for the subdivision will comply with the County's standards.  No road dedication is required or proposed.  Combining driveways at the side property lines is recommended.  The NM Department of Transportation regulates access onto U.S. Highway 82.  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.  NORTHGATE CENTER SUBDIVISION is scheduled for consideration by the County Planning Commission.  Approval of the preliminary and final plat of NORTHGATE CENTER SUBDIVISION with the required/requested variances (on alleys, on public land dedication, and on the construction of utilities to City standards) is supported by staff. 

Mr. Klad Zimmerle, Alamotero Land Surveys, was present to speak for the owners.   This is just a little five blocks commercial subdivision on Hwy. 82 just W. of Triple-T. Lots are 1.2 acres each.  This will only be restricted to commercial development.  There is no intent to have residential.  Application has already been made to the Highway Department for two (2) permits for dual driveways.  There will be a frontage road and then 2 dual driveways to access the property.  We would like to defer the drainage report to the building permit stage when the engineer reviews the plans. 

The commissioners had no questions for Mr. Zimmerle. 

Commissioner McCracken made a motion “TO RECOMMEND APPROVAL OF CASE S-05-0874(A) Approval of the preliminary and final plat of NORTHGATE CENTER SUBDIVISION with the required/requested variances (on alleys, on public land dedication, and on the construction of utilities to City standards).  Commissioner O’Hara 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 May 24, 2005. 

6.  REPORTS.

A.  City Planner.

June Agenda – One (1) case

B.  CHAIRMAN None.

C.  COMMISSION None. 

7.  PERSONS TO BE HEARD None. 

8.  ADJOURNMENT There being no further business to come before the Commission, Commissioner McCracken made a motion "TO ADJOURN".  All voted "AYE", passing the motion by a vote of 400.  The meeting adjourned at approximately 2:00 p.m. 

Approved: July 6, 2005

/s/ Ginna L. Sanders  

Ginna L. Sanders, Chairman 

ATTEST:

/s/ Linda Sanderson   

Linda Sanderson, Recording Secretary