November 2, 2005 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

November 2, 2005

 

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman.

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

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

Ms. Sharon Gardiner, Member.

Ms. Sabrina Marshall, Member.

 

MEMBERS ABSENT:

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

 

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

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

Ms. Linda Sanderson, Recording Secretary.

Ms. Marnee Singer, Recording Secretary.

 

OTHERS PRESENT:

Ms. Helen Richards; Mr. Michael Drunzer; Mr. Paul Jackson; Mr. Mike Perez; Mr. Klad Zimmerle, PLS; Mr. Robert Carnes; Ms. Jo Carnes; Mr. Ron Reynolds; Mr. Steve Crozier; Mrs. Rachel Chavez; Mr. Bert L. Beach; Mr. Steve Whiteside; Commissioner Ed Cole; Mr. Doug Nelson; and other unidentified persons.

 

1.  CALL TO ORDER.  Chairman Sanders called the regularly scheduled November 2, 2005, 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 November 22, 2005 to render final decisions.

 

2.  APPROVAL OF AGENDA.  Commissioner Goga made a motion "TO APPROVE THE AGENDA, AS WRITTEN".  Seconded by Commissioner Gardiner.  All voted "AYE", passing the motion by a vote of 5-0-0.

 

3.  MINUTES OF THE OCTOBER 5TH, 2005 REGULAR MEETING.  Commissioner Goga made a motion "TO APPROVE THE MINUTES, AS WRITTEN".  Seconded by Commissioner McCracken.  All voted "AYE", approving the motion by a vote of 5-0-0.

 

4.  PUBLIC HEARING.

 

A.  CASE: Z-05-0647(A).  PETITIONER: David Raub and Patricia Raub, owners, by St. John's Episcopal Church, agent.  REQUEST: Approval of an ordinance to amend the official zoning map and the adopted comprehensive plan of the City of Alamogordo to change the zoning to District “C-3” (Business), or a more restrictive classification; which, if approved, would allow the property to be used/developed for retail business and/or a church day school.  TOTAL AREA: ±15,000 square feet. LOCATION: 505 Eleventh Street.  CURRENT LEGAL: Lot 4A, Block 72, Alamo Blocks, Replat A.  CURRENT ZONE: District "C-1" (Neighborhood Business).

 

Ms. Few stated David Raub and Patricia Raub own Lot 4A, Block 72, Alamo Blocks, Replat A.  The proposed rezoning will allow the property to be used/developed for retail business and/or a church day school.  The property, 505 Eleventh Street, is zoned District "C-1" (Neighborhood Business).  Approval of the request will continue “C-3” zoning from the south and west.  Rezoning of the property is required to allow activities outside the building.  The 2000 Comprehensive Plan designates this property to be developed as commercial and retail. Off-street parking in a ratio of three square feet for each square foot of building is required in both “C-1” and “C-3” zoning districts.  Continuation of the required off-street parking is incumbent upon the property owner.  Any modification to the parking plan must be approved by the City's engineer.  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 October 16, 2005, in the Alamogordo Daily News, and eighteen (18) notices were mailed to property owners within the 200 foot legal protest area on October 11, 2005.  One (1) protest to the requested rezoning has been received which represents 3.32 percent of the 200 foot legal protest area.  The deadline for the receipt of protests by the City Planner is 10:00 a.m. on November 2, 2005.  Approval of the rezoning to District "C-3" (Business) is recommended.

 

Ms. Helen Richards spoke on behalf of St. Johns Day School.  She stated that the proposed building that was once a health care center is now vacant.  By allowing the day care to move to this building, there would be a better facility for the children as well as more off street parking available for employees and parents.

 

Commissioner Gardiner asked about the parking in the back of the church according to the drawing provided.  Ms. Richards explained that the current parking was limited which forced parking onto the street.  By moving the children into the new building, there will be more off-street parking, as well as a better building for the children.

 

Commissioner Goga made a motion “To recommend approval of the rezoning to District “C-3” (Business).”  Seconded by Commissioner Marshall.  All voted “AYE”, passing the motion by a vote of 5-0-0

 

B.  CASE: V-05-0488(A).PETITIONER: Azotea Senior Housing, LP, owner, by Stephen G. Crozier, general partner.  REQUEST: Approval of a variance of twenty-seven feet (27') from Section 2904-110, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing setbacks on certain streets; which, if approved, would legitimize the front setback of twenty-three feet (23'), rather than the fifty foot (50') from First Street required by Code.  TOTAL AREA: ±26,040 square feet.  LOCATION: 2400 E. First Street.  CURRENT LEGAL: Lot 3I, Fisher Subdivision, Replat I.  CURRENT ZONE: District "C-3" (Business).

 

Ms. Few stated Azotea Senior Housing, LP, owns Lot 3I, Fisher Subdivision, Replat I.  They have constructed an office/community building for the apartment complex to the south, which is too close to the front (north) property line.  The property, 2400 E. First Street, is zoned District "C-3" (Business).  The 2000 Comprehensive Plan designates this property to be developed as commercial and retail.  A setback of not less than fifty feet (50') from the curb line on First Street is required for all commercial buildings.  The business office/community building is within twenty-three feet (23') of the First Street curb line.  The developer was advised of the setback requirements during project development.  Although the building department and builder were advised of the apparent setback problem prior to the slab being poured, and the developer was advised of the problem during development meetings (both prior to and after the pour), the building has been constructed without the required setback and without a variance.  A twenty-seven foot (27') front setback variance is now requested.  The building is setback less distance than is required on a standard residential unit.  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.  All other buildings on the block (old and new construction) have the required setbacks.  The protruding building blocks the visibility of adjacent businesses.  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 October 16, 2005, in the Alamogordo Daily News, and seven (7) notices were mailed to property owners within the 200 foot legal protest area on October 11, 2005.  Two protests to the requested variance have been received which represent 16.19 percent of the 200 foot legal protest area.  10:00 a.m. on November 2, 2005 is the deadline for protests to be submitted to the City Planner.  Denial of the requested front setback variance is recommended.

 

Mr. Stephen G Crozier, property developer of Azotea Senior Housing, stated the City of Alamogordo approved the site plan and building permits.  The building was constructed according to City approved site plan and construction drawings.  The City is now, after the building is complete, requesting the applicant/owner to file for a setback variance.  The building permits that were submitted to the City clearly showed the setback of nineteen (19’) feet and there was a building permit issued at that time.  At no time was Mr. Crozier aware of the Code violation until after the sheetrock was already in place.  The City continued to allow electrical and plumbing inspections, rather than stopping the project completely.  He believes this was a mistake by both the developer and the City.

 

Commissioner Gardiner asked if Mr. Crozier had the permits and plans with him at the meeting, and if they showed the setback on the plans.  Mr. Crozier advised that he did not have the plans with him but they are at the building site, as well as on file with the City, and that they did clearly show the setback on the drawings.

 

Commissioner Marshall asked if this was the first time that either Mr. Crozier or his contractor had built in Alamogordo?  Mr. Crozier stated that it was his first time; however, not for his contractor, Mr. Ron Reynolds.  Commissioner Marshall responded that she believed the contractor should have been aware of the rules and regulations of the Code, and even though the City may have missed the setback, it is up to the developer and contractor to know exactly what the Code is for their project before a drawing is submitted, because the Codes are not hidden or secret.  Mr. Crozier stated he understood that there was a mistake on his part, but that there was also a mistake on the City’s part.

 

Commissioner Marshall stated that the violation was known before the slab was poured, and asked if or when he was aware of the violation.  Mr. Crozier stated that he was made aware of the violation after the sheetrock was already in place.  Commissioner Marshall then asked Ms. Few who informed Mr. Crozier of the setback Code.  Ms. Few stated that two (2) members of the engineering staff, reportedly advised the contractor prior to the pour.  She also clarified that the plan submitted and reviewed by the majority of the City staff are not the plans that were built.  The first plan that was reviewed, which showed five (5) parking spaces and landscaping between the building and First Street, met the City of Alamogordo’s setback requirements.  The second set of plans was not reviewed by Public Works or the Planning Department.   They were only reviewed by the Building Department.  She then explained that there has been correspondence from the staff to the Building Department since May of 2004 regarding this setback.  She also stated that she had arranged two (2) meetings with Mr. Crozier and in those meetings the setback requirements were noted.  Chairman Sanders asked if the developers have received copies of any of the correspondence.  Ms. Few stated that the correspondence was through inter-department e-mail and there is documentation and statements that staff had advised the builder before the pour, also in the two (2) meetings she had with Mr. Crozier the setback was discussed.  Mr. Crozier then stated that he was not notified until sheetrock was already in place and that this problem is due to the City’s denial of the first plans.  Chairman Sanders asked if the new plans were submitted to the Planning Department.  Mr. Crozier stated that he did re-submit the plans and they were approved.  Commissioner Marshal clarified with Mr. Crozier if the second set of plans were submitted and approved.  She then asked Ms. Few if she knew about the approval of the second plans.  Ms. Few stated that the Planning Department, Public Safety, and Engineering do not review plans for the building permit.  She did meet with Mr. Crozier to discuss the setback plans in May of 2004.  The Planning Department did provide input, however were not at the position to approve or deny the plans.  After that meeting no additional plans were submitted to the Planning Office for a follow up meeting.  The original plans that were discussed did have the set back requirements due to the parking and the landscaping between the building and the street.

 

Commissioner Marshall expressed that she had a problem with the fact that the first plans that were submitted did have the required set back, but the second plans did not.  The developer or contractor should have known the Code, even if the Building Department did not catch the violation.

 

Mr. Ron Reynolds, building contractor, stated that he submitted a preliminary set of plans to the City and made changes requested by the City.  On the changes the setback was clearly stated and was missed by everyone.  He said he was told by Brian McGuire that he would not make him move the building, but a resolution needed to be made.  With that construction was not stopped, and he was allowed to get all inspections, except for the final building inspection.

 

Chairman Sanders asked if he had noticed that their building was quite a bit in front of the other buildings and if they questioned that with the City?  Mr. Reynolds advised that the property was surveyed and staked and that is what he built off of. 

 

Commissioner McCracken asked if anything had been discussed as a solution to this problem.  Mr. Reynolds said no.  The only conversation in reference to this problem was with Brian McGuire and was told he could still have the inspections done.

 

Commissioner Marshall asked how far into completion this was.  Mr. Crozier and Mr. Reynolds agreed it was about ninety-eight percent done.  Commissioner Marshall then stated that someone should have caught the variance and that there is fault on both ends; however, as a developer and a contractor it is their responsibility to be sure everything is in order and to be sure mistakes are not overlooked. 

 

Mr. Robert Carnes asked Ms. Few to re-read the introduction given at the beginning of the case.  Ms. Few then reread the staff comments that were stated at the beginning of the case.  Mr. Carnes then asked her about how often they came to her office to ask about the Codes.  Ms. Few stated that was not part of her report; however, she did note that Mr. Reynolds had asked for a review on the initial plans.  A meeting was coordinated with various City departments, to review the first plans.  The second plans that were submitted and given a building permit, were not reviewed by Public Safety or the Planning Department. 

 

Commissioner Goga made a motion “To recommend denying the requested front setback variance.”  Seconded by Commissioner Marshall.  All voted “AYE”, passing the motion by a vote of 5-0-0

 

C.  CASE: V-05-0489(A).  PETITIONER: Rachel Chavez, owner.  REQUEST: Approval of a variance of two feet (2') from Sections 2903-030, 29-03-310, and 29-03-410, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing side setbacks; which, if approved, would allow the placement of a manufactured housing unit within three feet (3') of the side property lines, rather than the five foot (five') setback required by Code. TOTAL AREA: ±9750 square feet.  LOCATION: 203 Del Norte.  CURRENT LEGAL: Lot 2, Block 3, Loma Vista Subdivision.  CURRENT ZONE: District "MH-1" (Manufactured Housing).

 

Ms. Few stated Rachel Chavez owns Lot 2, Block 3, Loma Vista Subdivision.  She plans to have a manufacture housing unit placed on the property with a north/south orientation across the lot. The property, 203 Del Norte, is zoned District "MH-1" (Manufactured Housing). The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban).  A side yard on each side of the onestory portions of buildings having a width of not less than five feet (5') is required.  The manufactured housing unit (70 feet by 14 feet) is to be placed on the property (north/south orientation across the lot) with a side yard setback of three feet (3').  Therefore, a variance of two feet (2') has been requested for each side yard.  Public Safety does not support approval of a variance as three feet (3') is insufficient clearance for firefighting operations and access to the sides of the manufactured housing unit.  The property is seventy-six feet wide.  Most manufactured housing units advertised as "fourteen by seventy" have a box length of sixty-six feet (14' x 66').  Therefore, if the "tongue" is removed from the unit, ideally no variance would be required.  To allow the room to maneuver the unit into place, a variance of one foot (1') can be supported on the total width of the lot (not each side yard) with the condition that the tongue be removed from the unit.  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 level of improvements abutting this property does not meet the city's standards.  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 October 16, 2005, in the Alamogordo Daily News, and eleven (11) notices were mailed to property owners within the 200 foot legal protest area on October 11, 2005.  No protests to the requested variance have been received; however, 10:00 a.m. on November 2, 2005 is the deadline for protests to be submitted to the City Planner.  Approve a variance of only one foot (1') on the total width of the lot (not each side yard) with the condition that the tongue be removed from the unit is recommended by staff.

 

Ms. Rachel Chavez, property owner, stated that she does not have a problem with removing the tongue from the home.  Ms. Few stated that removing the tongue, if parked perfectly, there would not be a variance needed.  Therefore, a request for a one foot (1’) variance is recommended so Ms. Chavez would have room to park the home. 

 

Commissioner Gardiner made a motion “To recommend approval of a variance of only one foot (1’) on the total width of the lot, with the condition that the tongue be removed from the unit.”  Seconded by Commissioner Goga.  All voted “AYE”, passing the motion by a vote of 5-0-0

 

D.  CLOSE PUBLIC HEARING.  Chairman Sanders declared the Public Hearing closed.

 

5.  SUBDIVISIONS.

 

A.  CASE: S-05-0901(A).  PETITIONER: Deloris E. Dyvad, owner, by Klad Zimmerle P.L.S., agent.  REQUEST: Approval of the final plat of MIDWAY WEST SUBDIVISION, REPLAT A, for two (2) 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:  ±53.595 acres.  LOCATION: 1416 US. Highway 70 West.  CURRENT LEGAL: Lot 1, Midway West Subdivision.  CURRENT ZONE: District "C-3" (Business).

 

Ms. Few stated Deloris E. Dyvad owns Lot 1, Midway West Subdivision, within the City of Alamogordo.  Approval of the final plat of MIDWAY WEST SUBDIVISION, REPLAT A, for 53.595  acres is requested.  Subject subdivision is for the division of one (1) commercial lot into two (2) lots. The property, 1416 US Highway 70 West, is zoned "C-3" (Business) District.  The 2000 Comprehensive Plan designates this property to be developed as commercial and retail.  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 was executed in 1999.  Through alleys, having a width of twenty feet (20'), are required in each block.  Variances to the requirement of alleys have been approved by the Alamogordo City Commission for other subdivisions in the area.  Public Safety recommends that alleys be included 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.  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.  A Public Land Dedication/Development Agreement has been drafted for this subdivision.  Typical utility easements which include an addition five feet (5') at the front property lines are shown on the preliminary plat.  No such easements are shown on the final plat, which is the document to be filed.  These easements and a typical should be included on the plat.  A fifty foot driveway between Lots 1A and Lot 3 was removed at the request of staff.  The vicinity map should be corrected to accurately represent the layout of the proposed subdivision.  Approval of the final plat of MIDWAY WEST SUBDIVISION, REPLAT A, with a variance on alleys, with an agreement on public land dedication, is supported by staff.

 

Mr. Klad Zimmerle, PLS, Alamotero Land Surveys, stated property owner Ms. Dyvad, has approximately 120 acres, which is the old Alamogordo Midway Airport.  She is developing one (1) single two (2) acre lot that will be utilized for the new housing projects from Holloman as an offsite storage area for the materials.  He did ask for clarification on the Public Land Dedication Agreement.  The given draft states the developer agrees to transfer to the City a fee simple deed on the Public Land Dedication within one (1) year from the date of this agreement.  He asked if this meant that he would not be approved for the requested variance on public land.  Ms. Few stated staff is not recommending a total variance on public land dedication.  She also explained that the proposed agreement is a “draft”, and if the developer would like to propose a different time table, it would be taken into consideration.  Mr. Zimmerle stated that Ms. Dyvad is elderly and she does not have any plans to develop in the future.  He requested to have the public land requirement waived, for the fact that they are only developing a small two (2) acre tract and there are no future plans for the property.  Ms. Few stated that the agreement runs with the land, which will be binding for future owners.  This lot being fifty (50) acres there is a chance of future development for this property.  She questioned if the owner would agree to either a ten (10) or twenty (20) year time table.  Mr. Zimmerle proposed to extend the time table on the draft to twenty (20) or twenty five(25) years, or until it is developed commercially or residentially. 

 

Commissioner McCracken made a motion “To recommend approval for the final plat of Midway West Subdivision Replat A, with a variance on alleys, with an Agreement on Public Land Dedication of ten (10) years or until future development for either residential or commercial.”  Seconded by Commissioner Goga.  All voted “AYE”, passing the motion by a vote of 5-0-0

 

B.  CASE: S-05-0902(A).  PETITIONER: Tool Box, LLC, owner, by Klad Zimmerle, P.L.S., agent.  REQUEST: Approval of the preliminary and final plat of HERMOSA EL SOL SUBDIVISION, UNIT 2, for fifty-nine (59) lots; with variances on the construction and installation of alleys, and on the dedication of drainage easements as public land; with all utilities, paved streets and public access; located within the City of Alamogordo.  TOTAL AREA: ±15.431 acres.  LOCATION: West of Hermosa El Sol Subdivision.  CURRENT LEGAL: Tract 1A, Lands of Malone, Replat A.  CURRENT ZONE: District "R-1" (Single Family Dwelling).

 

Ms. Few stated Tool Box, LLC, owns approximately fifteen (15) acres in Section 32, T16S, R10E, NMPM, within the City of Alamogordo.  Approval of the preliminary and final plat of HERMOSA EL SOL SUBDIVISION, UNIT 2, for the development of fifty-nine (59) single family lots 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).  Through alleys, having a width of twenty feet (20'), are required in each block.  Variances to the requirement of alleys have been approved by the Alamogordo City Commission for other subdivisions in the area.  Public Safety noted that alleys need to be included in this subdivision.  Public Works has requested alleys within the subdivision and especially adjacent to the "drainage channels" to allow for maintenance.  The name and rightofway width of each street or other rightofway on or adjacent to the tract are required on the plat.  Street names must be submitted for the subdivision and approved.  The street name of Hermosa El Sol should be continued from the west to the eastern edge of the subdivision for "A" Street.  Additionally "B" Loop should be named as three (3) different street names.  Addresses for each lot are required on the plat.  Addresses for each lot will be provided to the consulting engineer under separate cover upon finalization of the lot layout and street names and are required on the plat prior to filing.  A drainage report sealed by a professional engineer, registered in the State of New Mexico, which shall include calculations for existing (pre-developed) and developed conditions is required.  A drainage report has been provided.  Corrections and modifications are needed to the plan.  Detailed topographic information is needed to evaluate the boundaries of the off-site storm water.  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.  The developer proposes to use drainage channels for public land dedication.  Such dedication is not recommended.  The installation of street improvements, in accordance with the "Technical Standards" is required.  No plan and profile sheets where submitted for the streets.  Additional deficiencies have been discussed with the engineer.  Continuation of the east/west section of "B" Loop to the east (through Lots 20-21 is recommended to provide additional access (ingress/egress) to/from Lot 53 of Los Lomas Subdivision.  The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required.  Plan and profile sheets where not submitted for the utilities nor was a grading plan provided.  Additional deficiencies have been discussed with the engineer.  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.  Due to the preliminary nature of the submittals, conditional approval of only the preliminary plat of HERMOSA EL SOL SUBDIVISION, UNIT 2, with the required plat/design modifications is recommended and table consideration of the final plat, pending receipt and resolution of layout and all engineering issues.

 

Mr. Klad Zimmerle, PLS, Alamotero Land Surveys, stated that there has been given twenty-five (25’) feet for a drainage easement plus an additional twenty feet (20’), which allows forty-five feet (45’) for the ditch right of way through the subdivision.  The plan is to set up a tier of lots that back up to the drainage ditch, which will leave no access to Ocotillo.  The main streets will come up through Florida through Hermosa, and then proceed into Los Lomas.  There is a replat being prepared for lot 53 of the Los Lomas Subdivision.  This will help facilitate the circulation throughout the subdivisions, as well as limit the access to Ocotillo.  Ocotillo will act only as the main way through out the area.  There was a request to add reverse curves in Hermosa through Unit Two, which will eliminate several lots because of the configuration.  In meeting with staff there was a concern with the ladder truck being able to make the turn where Hermosa goes north then east.  Mr. Zimmerle believes that there will not be a problem with the truck making that turn, as it is the same as many other turns throughout town.  With extending the street through for Street “A”’ there is a drainage ditch that will be running on the east side of Hermosa in the new Los Lomas replat.  Making a utility connection should not be a problem, however making a street through there is not going to fit with either layout that has been prepared.  They are proposing a park in the Los Lomas Replat.  The developer has no problem doing a cash and in lieu of land dedication, as long as it is marked for that local park.  There are street names now, which will be submitted.  He requested to be allowed to continue on to the City Commission, the engineers would be able to work with Public Works, to address the drainage and utility issues. 

 

Ms. Few stated that she has not reviewed a submittal on the replat of lot 53.  The developer has been told the City wants only one access to Ocotillo.  There is no way for roadways to go anywhere else except on Hermosa El Sol on to Ocotillo, and she was not given anything else to review.  It was anticipated that there would need to be another street, which is why the comment to extend Hermosa was in the proposal.  On the issue with going through with the final plat, Public Works and Engineering had said that they feel only preliminary level plats have been submitted.  The regulations have changed and have been in effect for several months.  They now require the street, utility and grading plans to be approved prior to or concurrent with the final plat of the subdivision.  There have been no grading plans submitted, and the street and utility plans have not been approved by the engineers.  It was recommended at all levels to only approve as a preliminary plat. 

 

Mr. Dean Hunt stated that the engineering plans are still at a very preliminary nature.  The drainage report has solutions that will not work, other solutions need to be worked out in order for the engineer plans to be approved.  He clarified that the submittals are no where close the being final.

 

Commissioner Goga made a motion “To recommend approval of only the preliminary plat of Hermosa El Sol Subdivision, Unit 2, with the required plat/design modifications, and table consideration of the final plat, pending receipt and resolution of layout and all engineering issues.”  Seconded by Commissioner Gardiner.  All voted “AYE”, passing the motion by a vote of 5-0-0

 

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

 

Ms. Few stated Bella Vista, LLC, owns approximately 46 acres in Section 6, T16S, R10E, NMPM, within the City of Alamogordo.  Approval of the preliminary and final plat of BELLA VISTA SUBDIVISION has been requested for the development of 157 lots.  The property is zoned "R-1" (Single Family Dwelling) District.  The 2000 Comprehensive Plan designates this property to be developed as low density residential and vacant.  No street names shall be used which will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the planning commission.  The following street names are acceptable for use within the subdivision (with noted spelling corrections):  Boeing Boulevard (continuation), Bonahoom Boulevard (continuation), Carlota Drive, N. Florida Avenue (continuation), Montecito Drive, Playa del Ray Playa del Rey Drive, Reynosoa Reynosa Drive, San Simon Drive, and St. Clare, The proposed name of "Las Piedras Drive" is not approved for use in this subdivision as it duplicates but does not continue "Las Piedras" in the approved LAS LOMAS SUBDIVISION.  Addresses for each lot are required on the plat.  Addresses for each lot are required on the plat prior to filing and will be provided to the consulting engineer under separate cover upon finalization of the street names.  A drainage report sealed by a professional engineer, registered in the State of New Mexico, which shall include calculations for existing (pre-developed) and developed conditions is required.  A drainage report has been provided.  Corrections and modifications are needed to the plan.  The drainage channel on the south side of the proposed development needs to be improved (delineated on the plat and plans submitted).  Details on the detention basin are needed.  Public land, at a maximum of five percent (5%) of the total area of the subdivision, exclusive of streets and alleys, is required to be dedicated to the City of Alamogordo.  No land is included on the plat for public land dedication to the City of Alamogordo.  The following is a summary of the acreage due the City for dedication:

 

 

 

 

NO.

LOTS

 

GROSS

ACREAGE

 

NET

ACREAGE

 

PLD

ACRES

TOTAL

 

157

 

46.609

 

35.710

 

1.7855

 

A variance to the public land dedication requirement is requested on the application.  The installation of street improvements, in accordance with the "Technical Standards" is required.  No plan and profile sheets where submitted for the streets.  Additional deficiencies have been discussed with the engineer.  Intersections of alleys and streets should be modified to 45 degree angles.  The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required.  No plan and profile sheets where submitted for the utilities nor was a grading plan provided.  The developer needs to provide data to show that the development can be served with a minimum water pressure of 50 pounds per square inch (psi) when the Green Reservoir storage tank is down to 25 percent capacity.  This is necessary for both fire protection and normal use.  Additional deficiencies have been discussed with the engineer.  The subdivider shall be required to enter into a contract with the City, agreeing to abide by and to comply with his layout and drawings, as finally approved, and also, all plans and specifications as approved.  A contract has been drafted for the completion of improvements.  The following notations/corrections are required on the plat: The parcel "reserved by owner" on Florida Avenue must have a lot number; Lot 1 and the parcel "reserved by owner" must restrict driveway access onto Florida Avenue; Lots 63, 64, and 65 must restrict driveway access from the north side of each lot (double fronted lots); and Lot 96 should be modified to remove the awkward projection at the intersection of the alley and Bonahoom Boulevard.  Due to the preliminary nature of the submittals, conditional approval of only the preliminary plat of BELLA VISTA SUBDIVISION, with the required plat/design modifications, is recommended and table consideration of the final plat, pending receipt and resolution of all engineering and layout issues.

 

Mr. Klad Zimmerle, PLS, Alamotero Land Surveys, stated that this is a nice development that is to be north of Cottonwood Heights.  There have been improvements to the annexation; a replat was submitted to bring an additional access to the development through Cottonwood.  He was under the impression that given the alleys through the subdivision would take care of the Public Land Dedication.  The issues with the double fronted lots will be restricted by the setbacks, and cutting the corners on the alleys should not be a problem.  He requested that the alleys be taken for the Public Land Dedication. 

 

Commissioner Goga asked if the residents of the subdivision would be able to use the park in the area, which is privately owned.  Mr. Zimmerle stated that it is privately owned and is actually not a park anymore.  The owners were contacted and they wish for it to remain private.  He believes all issues can be resolved, and is requesting for preliminary approval so the developer can move forth with the plans. 

 

Mr. Dean Hunt stated that there are serious concerns about how the drainage is being handled.  There is a channel proposed on the north end of the development that runs west and dumps into the street.  There is a rather large amount of drainage running in the channel, which will leave the street flooding.  Chairman Sanders asked if he believed these issues could be worked out prior to the City Commission Meeting.  Mr. Hunt stated that his recommendation is for only preliminary plat approval, and to have the engineering plans to at least ninety percent submittal before proceeding to the final plat approval. 

 

Commissioner Marshall stressed the importance of options to control the flooding in this development.  “Everything possible needs to be done to keep the areas from flooding, even if it does cost the developers money.” 

 

Commissioner McCracken asked if the engineering plans could be worked out in the time requested.  Mr. Hunt stated that the plans are in less complete shape than past developments.  Most issues that he has seen are just technical, and can be worked out before City Commission.  The issues with this development are all conceptual and it has not been agreed upon on how to solve them.  Chairman Sanders asked Mr. Zimmerle what kind of solutions he had in mind for Mr. Hunt’s concerns.  Mr. Zimmerle stated that the engineer has been working on solutions since the plat had been submitted. 

 

Mr. Mike Perez from Livingston Associates stated that he had met with Mr. Hunt and discussed the issues.  He has been working on the drainage issues, which will all be on the final plans.  Chairman Sanders asked how long it would take for the final plans.  He stated that he did not have a date, and would have to discuss the time frame with the engineer, Eddie Livingston, PE’, of a time; but, he was out of town.  Commissioner Goga asked if Mr. Perez would have time before the Commission meeting.  Mr. Perez stated he was not authorized to give the time frame.  Commissioner Goga stated that his concern was that Mr. Hunt will not have the time to review the plans before the City Commission meeting.  Mr. Perez stated that many of the concerns Mr. Hunt had, now have solutions to.  Commissioner Marshall asked Mr. Perez. to explain some of those solutions.  He stated that the channel design was susceptible to clogging.  The width of the canal is greater than three feet (3’) which will prevent the clogging.  The long term maintenance of the channel was also an issue.  The bottom of the channel is not too deep for equipment to access, and there is sufficient room on the sides of the channel for equipment access.  The “V” channels had one and a half to one inch side slopes, and are now adjusted to two to one side slopes.  The drainage has been calculated and is ready to be submitted to Mr. Hunt at any time. 

 

Mr. Zimmerle requested for approval on the preliminary and to table the final until Mr. Hunt has the opportunity to review.  Ms. Few stated that if this is to be tabled it must come back to the Planning and Zoning Commission in December.  Final reports to the City of Commission have to be done by November 15,, 2005 for the meeting on November 22,, 2005.  If this is to be tabled, and heard before Planning and Zoning in December, if approved, will be heard before City Commission on December, 20,, 2005.  Chairman Sanders asked if that would be okay for Mr. Zimmerle.  He said that would be fine, but would like to be done by the end of the year.  Chairman Sanders asked if Mr. Hunt would be available.  He stated that he might take a couple days off during the holidays, but should be able to help them get the plans ready.  Commissioner Marshall asked if it is possible to have the plans done before December 20,, 2005.  Mr. Hunt stated that he was concerned about the conceptual issues, but in most cases there will be plenty of time.  Chairman Sanders asked Mr. Perez if he could get the engineer plans that are a little more than just conceptual to Mr. Hunt.  Mr. Perez stated that he was unable to give an answer without discussion with Mr. Livingston.  All Commissioners and parties agreed that they would not be ready for the November City Commission meeting, therefore, agreed try to be ready for the December meeting.

 

Commissioner Marshall made a motion “To approve only the preliminary plat with the required plat/design modifications and to table consideration of the final plat.”  Seconded by Commissioner Goga.  All voted “AYE”, passing the motion by a vote of 5-0-0

 

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

 

Ms. Few stated Quail Hollow, LLC, owns approximately 37 acres in Section 29, T16S, R10E, NMPM, within the City of Alamogordo.  Approval of the preliminary and final plat of QUAIL HOLLOW SUBDIVISION is requested for the development of 138 lots.  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).  Through alleys, having a width of twenty feet (20'), are required in each block.  No internal alleys are provided. Variances to the requirement of alleys have been approved by the Alamogordo City Commission for other subdivisions, but not in this area.  Providing internal and external alleys is recommended.  No street names shall be used which will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the planning commission.  The following street names are acceptable for use within the subdivision (with noted grammatical corrections): La Bajada Drive, La Codorniz Drive, La Golondrina Drive, El Nido Drive, Pajarito Drive, and Sendero Drive.  The proposed name of "Nube Blanca Drive" is not approved for use in this subdivision as the name "San Carlos Street" must be continued from Mission Hills Unit 2 on the north.  Addresses for each lot are required on the plat.  Addresses for each lot are required on the plat prior to filing and will be provided to the consulting engineer under separate cover upon finalization of the street names.  A drainage report sealed by a professional engineer, registered in the State of New Mexico, which shall include calculations for existing (pre-developed) and developed conditions, is required.  A drainage report has been provided.  Corrections and modifications are needed to the plan.  Drainage discharge into the existing alley at the northwest corner of the development is a serious potential problem.  Drainage into the alley at the northeast corner of the development at Pajarito Drive is also a potential problem.  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 Lot 1 is included on the plat for public land dedication to the City of Alamogordo as a drainage pond/playground.  The following is a summary of the acreage due the City for dedication:

 

 

 

 

NO.

LOTS

 

GROSS

ACREAGE

 

NET

ACREAGE

 

PLD

ACRES

TOTAL

 

138

 

37.691

 

27.776

 

1.38

 

Arrangements for full dedication, or payment of development costs are required.  The installation of street improvements, in accordance with the "Technical Standards" is required.  No plan and profile sheets where submitted for the streets.  Additional deficiencies have been discussed with the engineer.  Intersections of alleys and streets should be modified to 45 degree angles.  A street extension on the east side of the subdivision is needed to connect to "La Cueva" in the proposed Canyon Parq Subdivision.  The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required. No plan and profile sheets where submitted for the utilities nor was a grading plan provided.  Additional deficiencies have been discussed with the engineer.  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.  A notation is required on the plat that Lots 18, 19, and 138 must restrict driveway access from the south side of each lot onto Ocotillo/Panorama.  Due to the preliminary nature of the submittals, conditional approval of only the preliminary plat of QUAIL HOLLOW SUBDIVISION, with the required plat/design modifications, is recommended and table consideration of the final plat, pending receipt and resolution of all engineering and layout issues.

 

Mr. Klad Zimmerle, PL S, Alamotero Land Surveys, stated there are several preliminary plans out for adjacent properties in this area.  To address the drainage concerns for the east area, there is a plan to build a ditch that will run along the west boundary of Canyon Park subdivision.  This will intercept water between the subdivisions.  He requested to do the same thing as the previous case, and recommend approval of the preliminary plat and table final to be ready for the December City Commission meeting.  Chairman Sanders asked Mr. Dean Hunt if those date were okay with him.  He advised they were. 

 

Chairman Sanders asked Ms. Few why the street San Carlos had to come through the new subdivision.  Ms. Few stated the City ordinances require street names to continue to prevent confusion with the emergency response units.  She pointed out that there might be a need with the final approval for this subdivision, to include dedication of an easement for the drainage ditch being built to accommodate the drainage with this subdivision. 

 

Commissioner Goga asked about the street names stated on the plat.  Ms. Few clarified that new street names had been submitted with the alley corners cut. 

 

Commissioner McCracken made a motion “To recommend conditional approval of only the preliminary plat of Quail Hollow Subdivision, with the required plat/design modifications, and to table the consideration of the final plat, pending receipt and resolution of all engineering and layout issues.”  Seconded by Commissioner Goga.  All voted “AYE”, passing the motion by a vote of 5-0-0

 

E.  CASE: S-05-0905(A).  PETITIONER: Tool Box, LLC, Timothy D. S. Edman, and Utt's Simms & Thoai Nguyn, owner, by Klad Zimmerle, P.L.S., agent.  REQUEST: Approval of the final plat of LOMA VISTA SUBDIVISION, REPLAT D, for three (3) lots; with the vacation and abandonment of Monterrey Drive and two alleys; with variances on the construction and installation of alleys, on the dedication of public land, and from Section 2201140(b)(1) relating to drainage plans; with all utilities, paved streets and public access; located within the City of Alamogordo.  TOTAL AREA: ±3.747 acres.  LOCATION: East of S. Canyon Road, Loma Vista Drive and Palo Verde Drive.  CURRENT LEGAL: Lots 1-6, Block 1, Lots 1-4, Block 2, Loma Vista Subdivision and Lots 13A – 19A, Block 2, Loma Vista Subdivision, Replat A.  CURRENT ZONE: Districts "R-1" (Single Family Dwelling),"MH-1" (Manufactured Housing), and "C-1" (Neighborhood Business).

 

Ms. Few stated Tool Box, LLC, Timothy D. S. Edman, and Utt's Simms & Thoai Nguyn own Lots 1-6, Block 1, Lots 1-4, Block 2, Loma Vista Subdivision and Lots 13A – 19A, Block 2, Loma Vista Subdivision, Replat A, within the City of Alamogordo.  Approval of the final plat of LOMA VISTA SUBDIVISION, REPLAT D, for the vacation of streets and combining of the property into three (3) or four (4) lots is recommended.  The property is zoned Districts "R-1" (Single Family Dwelling),"MH-1" (Manufactured Housing), and "C-1" (Neighborhood Business).  The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban).  Two (2) alleys are being vacated in favor of the property owners with no compensation to the City.  The minimum building setback line on all lots and other sites is required to be shown on the plat.  The minimum setback lines need to be shown on the plat.  Addresses for each lot are required on the plat.  Addresses for each lot will be provided to the consulting engineer under separate cover and are required on the plat prior to filing.  A drainage report sealed by a professional engineer, registered in the State of New Mexico, which shall include calculations for existing (pre-developed) and developed conditions is required. The design, data and calculations certified by a registered engineer are required to be provided and approved by staff.  This area is prone to flooding problems and the study is needed.  Public land, at a maximum of five percent (5%) of the total area of the subdivision, exclusive of streets and alleys, is required to be dedicated to the City of Alamogordo.  No land is included on the plat for public land dedication to the City of Alamogordo.  In addition, the plat vacated Monterrey Drive, in favor of the owners of proposed Lot 1D and 2D, without compensation to the City.  It appears that the division of the right-of-way should have included additional land for the owner of Lot 4, Block 2, Loma Vista Subdivision.  A variance to the public land dedication is not supported.  Typical utility easements which include an addition five feet (5') at the front property lines are shown on the preliminary plat.  No such easements are shown on the final plat, which is the document to be filed.  These easements and a typical must be included on the plat.  The installation of street improvements, in accordance with the "Technical Standards" is required.  A variance has been requested by the developer regarding improvements on Loma Vista Drive, on Canyon Road, and on Palo Verde Drive.  Palo Verde Drive is a penetration surface without curb, gutter or sidewalk.  Development of this street may not be feasible because of the small distance that would be improved. A Waiver of Protest Agreement has been drafted for this street.  Canyon Road needs improvement (curb, gutter, etc.) but there were no plans submitted from which an engineering evaluation would be made.  Loma Vista is a dirt road.  Tool Box LLC owns the property on both sides of the street.  As such, development of the road (curb, gutter, paving, etc.) is required by the Public Works Department.  Construction details are needed for the roadway and a Subdivider's Contract has been drafted.  The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required.  No plans were submitted.  The subdivider shall be required to enter into a contract with the City, agreeing to abide by and to comply with his layout and drawings, as finally approved, and also, all plans and specifications as approved.  A contract has been drafted for the completion of improvements.  Due to the number of unresolved issues on this subdivision, table consideration of the final plat of LOMA VISTA SUBDIVISION, REPLAT D, is supported by staff.

 

Mr. Doug Nelson, Tool Box, LLC, stated that Loma Vista is a dirt road that leads to the back of a trailer court.  He recommended for the City to possibly vacate the road to an alley, because it is expensive to pave and maintain a road that does not lead to anywhere.  Mr. Nelson brought drawings of the existing developments as well as the proposed development to show.  The existing storage units are along Loma Vista Drive, and there is no access to Loma Vista.  The proposed property would also run along the road, also with no access to Loma Vista, except for a utility easement.  The zoning for the area is Mobile home, light commercial, and residential.  This area has been changed several times.  Most property in the area is now commercial, storage units mainly. 

 

Commissioner Gardiner asked if the mobile homes have been moved out of the area.  Mr. Nelson stated there is one home on Lot 11 that is accessed through Del Norte Drive.  There are no other homes on the street, and the homes in the subdivision access through Palo Verde. 

 

Commissioner Marshall asked if Loma Vista would be used at all to access the storage units.  Mr. Nelson advised it would not be used. 

 

Chairman Sanders asked about the division of the right of way that changed.  Mr. Nelson stated that the owner of Lot 4 phase 1 is fine with taking his share of Monterrey Drive.  The owners of Lot 4, Block 2 are Ms. Nguyn and Mr. Simms. Ms. Nguyn does not want the property, and she does not know about Mr. Simms.  Mr. Simms has left the area and Ms. Nguyn does not have contact with him.

 

Ms. Few stated that it is a legal matter of how the property is to be divided, and the City Attorney will need to be involved in the dividing process.  On the issue with paving Loma Vista, she stated that it is a public road and it is the responsibility of the developer to maintain the road.  If there is a request for the City to vacate the road down to an alley, that request needs part of the proposal.  There is property ownership on both side of the street to take in consideration.  There have been enough issues brought up that should be examined, and this is the appropriate time to consider the road as an alley designation. 

 

Mr. Nelson stated there needs to be consideration of a commercial subdivider agreement, similar to the subdivision ordinance.  There is no infrastructure on the property.  No water or sewer lines will be developed on the property.

 

Mr. Klad Zimmerle stated that the first sentence in the Public Land Dedication states, any subdivision, re-subdivision, or phase development where the subdivider is installing Pubic infrastructure, the subdivider shall pay.  If there is no infrastructure being installed there is no Public Land Dedication.  Ms. Few stated that the issue at hand, is that the Public Land Dedication that was proposed will benefit the developer of the street vacation and alley vacation without any compensation to the City.  Mr. Nelson stated he did understand the decision to table consideration, and what issues need to be worked out.

Commissioner Goga made a motion “To table consideration of the final plat of LOMA VISTA SUBDIVISION, REPLAT D.”  Seconded by Commissioner Gardiner.  All voted “AYE”, passing the motion by a vote of 5-0-0.

 

 

6.  REPORTS.

A.  City Planner.

(1)  December Agenda – approximately 12 cases.

(2)  Annual Report-due at end of year.

(3)  Expiration of Terms – Chairman Sanders not eligible for next term, Commissioner Goga has accepted reappointment.

(4)  Other – Sharon Few introduced the new Recording Secretary Marnee Singer.

B.  CHAIRMAN None.

C.  COMMISSION None.

 

 

7.  ADJOURNMENT There being no further business to come before the Commission, Commissioner Goga made a motion "TO ADJOURN".  All voted "AYE", passing the motion by a vote of 500.  The meeting adjourned at approximately 4:20 p.m.

 

Approved: December 7, 2005

/s/ Ginna L. Sanders

Ginna L. Sanders, Chairman

 

ATTEST:

/s/ Linda Sanderson

Linda Sanderson, Recording Secretary