September 7, 2005 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

SEPTEMBER 7, 2005

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman.

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

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

Ms. Sharon Gardiner, Member.

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

 

MEMBERS ABSENT:

Ms. Sabrina Marshall, Member .

 

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Ms. Linda Sanderson, Recording Secretary.

 

OTHERS PRESENT:

Mr. Stephen Dunbar, Ms. Donna Flores, Mr. David Flores, Mr. Charles Isleib, Ms. Jenny Leslie, Mr. Jeff Whiteside, Ms. Peggy Leslie, Ms. Anivette Garcia, Ms. Katherine Budak, Ms. Pam Clarke, Mr. George Coolidge, Ms. Hannah Keeler, Ms. Pamela Austin, Mr. A.D. Budak, Mr. Tom French, Mr. Klad Zimmerle, Mr. Benjamin E. Woodruff, Ms. Cat Brabson, Ms. Kristine Jones, Mr. Paul Wing, Mr. Wayne McDonald; and other unidentified persons.

 

1.  CALL TO ORDER.  Chairman Sanders called the regularly scheduled September 7, 2005, meeting to order at approximately 1:30 p.m.  Chairman Sanders noted that a total of ten (10) items were to be considered, seven (7) 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 September 27, 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 4-0-0.

 

3.  MINUTES OF AUGUST 3rd, 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 4-0-0.

 

4.  PUBLIC HEARING.

 

A.  CASE: V050483(A).  PETITIONER: Charles A. Isleib, III and Val D. Isleib, owners.  REQUEST: Approval of a variance of six feet (6') from Section 805060, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing curb cuts; which, if approved, would allow a curb cut adjacent to and abutting the south side property line, rather than the six foot (6') separation required by Code.  TOTAL AREA: ±0.2038 acre.  LOCATION: 609 Sunrise Avenue.  CURRENT LEGAL: Lot 1, Sunrise Heights 1, Rev. 1.  CURRENT ZONE: District "R1" (Single Family Dwelling).

 

Ms. Few reported Charles A. Isleib, III, and Val D. Isleib own Lot 1, Sunrise Heights 1, Rev. 1.  They plan to have the curb and sidewalk cut to allow easier access to a driveway slab on the south side of their property.  The property, 609 Sunrise Avenue, is zoned District "R-1" (Single Family Dwelling).  The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban).  A separation of not less than six feet (6') between a side property line and any driveway curb cut is required.  The proposed curb cut is to be on the south side property line.  Therefore, a variance of six feet (6') is requested.  Although no fire hydrants will be affected by the cut, any work in the public right-of-way will need to comply with ADA standards.  This may require the construction of a mountable curb in order to comply.  The applicant should submit the plans for the driveway to Engineering for review and approval before doing any work in the right-of-way.  A variance to dimensional regulations may be granted where: (1) such action will not be materially detrimental to the public interest; and (2) such action will not grant a discriminatory benefit to the land owner and/or harm neighboring properties; and (3) such action, owing to conditions peculiar to the property or the neighborhood and not the result of actions or the situation of the applicant, a literal enforcement of the Code of Ordinances of the City of Alamogordo, New Mexico, and not in conflict with any other adopted code, would result in practical difficulties or unnecessary hardship.  No justification of hardship, beyond the control of the applicant, accompanied the application to support the requested variance.  Where the City Commission finds that extraordinary hardships may result from strict compliance with the regulations of Chapter 8, it may vary the regulations in specific cases so that substantial justice may be done and the public interest secured; provided that such variation shall not have the effect of nullifying the intent and purpose of the regulations.  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 August 21, 2005, in the Alamogordo Daily News, and thirty-seven (37) notices were mailed to property owners within the 200 foot legal protest area on August 18, 2005.  No protests to the requested variance have been received; however, 10:00 a.m. on September 7, 2005 is the deadline for protests to be submitted to the City Planner.  STAFF RECOMMENDATION:  Approval of the requested curb cut variance is supported with the requirement that the applicant submit the plans for the driveway cut to Engineering for review and approval before doing any work in the right-of-way.

 

Mr. Charles Isleib was available to answer questions.  There were no questions or discussion.

 

Commissioner Goga made a motion “TO APPROVE” CASE V-05-0483(A)  Approval of the requested curb cut variance with the requirement that the applicant submit the plans for the driveway cut to Engineering for review and approval before doing any work in the right-of-way.  Commissioner Gardiner seconded.  All voted, passing the motion by a vote of 4-0-0.  This case will be presented at the City Commission meeting on September 27, 2005.

 

B. CASE: Z050644(A) Discuss with V-05-0484(A) below.  PETITIONER: Perry Rust and Wendy Rust, owners, by Otero County Habitat for Humanity, Inc., contract holder/agent.  REQUEST: Approval of an ordinance to amend the official zoning map to change the zoning to District “R1” (Single Family Dwelling); which, if approved, would allow the property to be used/developed for single family dwellings units.  TOTAL AREA: ±1.15 acre.  LOCATION: 900 through 912 Twentysixth Street.  CURRENT LEGAL: Lots 13, 14, 15, 16, 17, and 18, Block 1, Haynes Addition.  CURRENT ZONE: District "C3" (Business).

 

Ms. Few reported Perry Rust and Wendy Rust own Lots 13, 14, 15, 16, 17, and 18, Block 1, Haynes Addition.  The proposed rezoning will allow the property to be developed and used by contract holder Habitat for Humanity, Inc., for single family dwelling units.  The property, 900 through 912 Twenty-sixth Street, is zoned District "C-3" (Business).  The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban).  The level of improvements abutting this property does not meet the city's standards.  A waiver of protest agreement has been prepared.  This area is subject to flooding therefore special care should be taken if residential units are placed on the lots.  Culverts will be required when the driveways are constructed for each dwelling.  The quantity and size for each driveway should be identical to what is installed upstream of the development.  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 August 21, 2005, in the Alamogordo Daily News, and twenty (20) notices were mailed to property owners within the 200 foot legal protest area on August 18, 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 September 7, 2005.  STAFF RECOMMENDATION:  Approval of the rezoning to District "R-1" (Single Family Dwelling) is recommended.

 

Ms. Pam Clarke, Program Chairman for Habitat for Humanity, was available to answer questions.  There were no questions or discussion.

 

Commissioner McCracken made a motion “TO APPROVE” CASE Z-05-0644(A)  Approval of the rezoning to District "R-1" (Single Family Dwelling) is recommended.  Commissioner Goga seconded.  All voted, passing the motion by a vote of 4-0-0.  This case will be presented at the City Commission meeting on September 27, 2005.

 

C. CASE:  V050484(A) Discuss with Z-05-0644(A) above.  PETITIONER: Perry Rust and Wendy Rust, owners, by Otero County Habitat for Humanity, Inc., contract holder/agent.  REQUEST: Approval of a variance of five feet (5') from Section 2903-050, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing lot widths; which, if approved, would allow the lots to be replatted to approximately fifty-five feet (55') width, to allow an additional "affordable home" to be built on the property, rather than the sixty foot (60') lot width required by Code.  TOTAL AREA: ±1.15 acre.  LOCATION: 900 through 912 Twentysixth Street.  CURRENT LEGAL: Lots 13, 14, 15, 16, 17, and 18, Block 1, Haynes Addition.  CURRENT ZONE: District "C3" (Business).

 

Ms. Few reported Perry Rust and Wendy Rust own Lots 13, 14, 15, 16, 17, and 18, Block 1, Haynes Addition.  The property is to be developed and used by contract holder Habitat for Humanity, Inc., for single family dwelling units. The property, 900 through 912 Twenty-sixth Street, is zoned District "C-3" (Business).  The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban).  The level of improvements abutting this property does not meet the city's standards.  A waiver of protest agreement has been prepared with the rezoning.  This area is subject to flooding therefore special care should be taken if residential units are placed on the lots.  Culverts will be required when the driveways are constructed for each dwelling.  The quantity and size for each driveway should be identical to what is installed upstream of the development.  A lot width of at least sixty feet (60') is required.  The variance requested would allow the property to be replatted to provide an additional lot for the construction of "affordable housing.  A variance of five feet (5') has is needed.  The resulting lots will still exceed the required square footage for each lot and the required setbacks will be observed.  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.  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 August 21, 2005, in the Alamogordo Daily News, and twenty (20) notices were mailed to property owners within the 200 foot legal protest area on August 18, 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 September 7, 2005.  STAFF RECOMMENDATION:  Approve the lot width variance, as the minimum setbacks will be maintained and the resulting lots will exceed the required square footage is supported.

 

There was no discussion on this case.

 

Commissioner Goga made a motion “TO APPROVE” CASE V-05-0484(A)Approve the lot width variance, as the minimum setbacks will be maintained and the resulting lots will exceed the required square footage is supported  Commissioner Gardiner seconded.  All voted, passing the motion by a vote of 4-0-0.  This case will be presented at the City Commission meeting on September 27, 2005.

 

D. CASE:  Z050645(A) Discuss with V-05-0485 (A) below. PETITIONER: David C. Flores and Donna Flores, 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 “C-1” (Neighborhood Business); which, if approved, would allow the property to be used/developed for small business, to include but not limited to a beauty salon.  TOTAL AREA: ±9,408 square feet.  LOCATION: 1322 E. Ninth Street.  CURRENT LEGAL: Lot 2, Block 232A, Alamo Blocks, Resub. of Block 232.  CURRENT ZONE: District "R3" (Two Family Dwelling).

 

Ms. Few stated David C. Flores and Donna Flores own Lot 2, Block 232A, Alamo Blocks, Resub. of Block 232.  The proposed rezoning will allow the property to be used/developed for small business, to include but not limited to a beauty salon.  The property, 1322 E. Ninth Street, is zoned District "R-3" (Two Family Dwelling).  C-1 zoning abuts the property on the east side. The 2000 Comprehensive Plan designates this property to be developed as high density residential and offices.  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 August 21, 2005, in the Alamogordo Daily News, and sixteen (16) notices were mailed to property owners within the 200 foot legal protest area on August 19, 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 September 7, 2005.  STAFF RECOMMENDATION:  Approval of the rezoning to District "C-1" (Neighborhood Business), as it will continue like zoning from the east, is recommended.

 

Mr. David Flores was available to speak for the case and answer questions.  Commissioner Goga asked if the petitioner would be willing to pay for a Resident Parking sign if it became necessary.  Mr. Flores said they would pay for the sign if necessary.  Mr. Gomolak asked about the small apartment at the back of the property.  Mr. Flores stated it was not being used at all; only the main structure.  Commissioner McCracken inquired if it were necessary to make appointments for services at the business and would this alleviate the possibility of parking issues.  Mr. Flores stated that most of the business was done by appointment only; very few walk-ins.  The appointments will restrict the amount of vehicles at any given time.

 

Commissioner Goga made a motion “TO APPROVE” CASE Z-05-0645(A)” Approval of the rezoning to District "C-1" (Neighborhood Business).  Commissioner McCracken seconded.  All voted, passing the motion by a vote of 4-0-0.  This case will be presented at the City Commission meeting on September 27, 2005.

 

E. CASE: V050485(A) Discuss with Z-05-0645(A) above.  PETITIONER: David C. Flores and Donna Flores, owners.  REQUEST: Approval of a variance from Section 2903360, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing offstreet parking requirements; which, if approved, would allow the conversion of the use of property to a hair salon with a resulting offstreet parking ratio of 2.47:1, rather than the offstreet parking ratio of three square feet of parking for each square foot of building required by Code.  TOTAL AREA: ±9,408 square feet.  LOCATION: 1322 E. Ninth Street. CURRENT LEGAL: Lot 2, Block 232A, Alamo Blocks, Resub. of Block 232.  CURRENT ZONE: District "R3" (Two Family Dwelling).

 

Ms. Few stated David C. Flores and Donna Flores own Lot 2, Block 232A, Alamo Blocks, Resub. of Block 232.  A proposed rezoning will allow the property to be used/developed for small business, to include but not limited to a beauty salon.  An off-street parking variance is requested to accommodate the rezoning.  The property, 1322 E. Ninth Street, is zoned District "R-3" (Two Family Dwelling) rezoning to "C-1" (Neighborhood Business) is being considered under Case Z-05-0645(A).  The 2000 Comprehensive Plan designates this property to be developed as high density residential and offices.  Off-street parking for automobiles shall be provided within a distance of five hundred feet (500’) in a proportion of not less than three square feet (3 sf) for each square foot of area inside any such business building.  Use of only the front setback area will result in an off-street parking ratio of 2.47:1 rather than the Code requirement.  Public parking is available on the north side of Ninth Street.  As noted by the City's Engineer, on street parking for this business is not expected to be a problem.  However it is recommended that if on street parking becomes a problem for the adjacent resident that the applicants of this request pay for the installation of a Resident Parking sign.  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.  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 August 21, 2005, in the Alamogordo Daily News, and sixteen (16) notices were mailed to property owners within the 200 foot legal protest area on August 19, 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 September 7, 2005.  STAFF RECOMMENDATION:  Approval of the requested off-street parking variance is supported with the condition that if on street parking becomes a problem for the adjacent resident that the applicants of this request pay for the installation of a Resident Parking sign.

 

There were no further comments or discussion on this case.

 

Commissioner Goga made a motion “TO APPROVE” CASE V-05-0485(A)” Approval of the requested off-street parking variance is supported with the condition that if on street parking becomes a problem for the adjacent resident that the applicants of this request pay for the installation of a Resident Parking sign.  Commissioner McCracken seconded.  All voted, passing the motion by a vote of 4-0-0.  This case will be presented at the City Commission meeting on September 27, 2005.

 

F. CASE: V050486(A).  PETITIONER: Sedona Development, Inc., owner, by Klad Zimmerle, agent.  REQUEST: Approval of a variance of five feet (5') from Section 2903020, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing front setbacks; which, if approved, would allow the construction of homes with twenty foot (20') front setbacks, rather than the twentyfive foot (25') front setback required by Code.  TOTAL AREA: ±11.251 acres. LOCATION: Sedona Ridge Loop, Saguaro Loop, and Desert View Court.  CURRENT LEGAL: Lots 4964 Sedona Ridge Estates, Phase 4, and Lots 6577, Sedona Ridge Estates, Phase 5.  CURRENT ZONE: District "R1" (Single Family Dwelling). 

 

Ms. Few reported Sedona Development, Inc., owns Lots 49-64 Sedona Ridge Estates, Phase 4, and Lots 65-77, Sedona Ridge Estates, Phase 5.  They plan to construct single family dwelling units, but are requesting a reduction in the required front yard setback.  The property is zoned District "R-1" (Single Family Dwelling).  The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban).  A front yard of not less than twenty-five feet (25') is required.  The developer is requesting a variance of five feet (5') to allow front setbacks of twenty feet within Phase 4 and 5 of Sedona Ridge Estates. The previous units of this development received a front setback variance to only allow a twenty foot front setback for the living area and for side entrance garages of homes.  Should the requested variance be approved, the same conditions should be continued.  A variance to dimensional regulations may be granted where: (1) such action will not be materially detrimental to the public interest; and (2) such action will not grant a discriminatory benefit to the land owner and/or harm neighboring properties; and (3) such action, owing to conditions peculiar to the property or the neighborhood and not the result of actions or the situation of the applicant, a literal enforcement of the Code of Ordinances of the City of Alamogordo, New Mexico, and not in conflict with any other adopted code, would result in practical difficulties or unnecessary hardship.  No justification of hardship, beyond the control of the applicant, accompanied the application to support the requested variance.  The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance, Chapter 4, Article 407, of the Code of Ordinances of the City of Alamogordo, New Mexico.  An Avigation Easement limiting vertical development to not more than fifty feet (50') above ground level was executed with the subdivision.  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 August 21, 2005, in the Alamogordo Daily News, and forty-three (43) notices were mailed to property owners within the 200 foot legal protest area on August 19, 2005.  One (1) protest to the requested variance has been received, which represents 1.84% of the 200 foot legal protest area.  The deadline for protests to be submitted to the City Planner is 10:00 a.m. on September 7, 2005.  STAFF RECOMMENDATION:  Approval of the five foot (5') front setback variance to only allow a twenty foot (20') front setback for the living area and for side entrance garages of homes is supported.

 

Mr. Klad Zimmerle, Alamotero Land Surveys, was present to answer any questions from the commissioners.  He also stated that this was the same type variance that had been requested on the previous subdivision and was only being requested to allow more rear yard area.

 

There are no questions from the commissioners.

 

Commissioner McCracken made a motion “TO APPROVE” CASE V-05-0486(A)Approval of the five foot (5') front setback variance.  Commissioner Goga seconded.  All voted, passing the motion by a vote of 3-1-0 with Commissioner Gardiner voting against the motion.  This case will be presented at the City Commission meeting on September 27, 2005.

 

G. CASE: Z050646(A).  PETITIONER: CAP II – 10th/White Sands, LLC, owner.  REQUEST: Approval of an ordinance to amend the official zoning map to change the zoning to District “C3” (Business); which, if approved, would consolidate the property into one zone classification.  TOTAL AREA: ±3.8438 acre.  LOCATION: 923 N. White Sands Boulevard and 120 and 150 E. Tenth Street.  CURRENT LEGAL: Lot 1B, Blocks 1 and 2, Alamo Blocks, Replat B, Lots 3, Blocks 1 and 2, Alamo Blocks, Replat A, and Lots 13 through 16, Block 1, Alamo Blocks.  CURRENT ZONE: District "C3" (Business) and District "M1" (Light Industrial). 

 

Ms. Few reported CAP II – 10th/White Sands, LLC owns Lot 1B, Blocks 1 and 2, Alamo Blocks, Replat B, Lots 3, Blocks 1 and 2, Alamo Blocks, Replat A, and Lots 13 through 16, Block 1, Alamo Blocks.  The proposed rezoning will consolidate the property under one zone classification.  The property, 923 N. White Sands Boulevard and 120 and 150 E. Tenth Street, is zoned District "C-3" (Business) and District "M-1" (Light Industrial).  The 2000 Comprehensive Plan designates this property to be developed as commercial and retail.  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 August 21, 2005, in the Alamogordo Daily News, and thirty (30) notices were mailed to property owners within the 200 foot legal protest area on August 19, 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 September 7, 2005.  STAFF RECOMMENDATION:  Approval of the rezoning to District "C-3" (Business) is recommended.

 

Mr. Steven Dunbar, representative for the case, was available to answer questions.  Commissioner McCracken asked staff if all prior concerns regarding drainage and sewage had been resolved.  Staff stated everything had been completed.  There was no further discussion.

 

Commissioner Gardiner made a motion “TO APPROVE” CASE Z-05-0646(A)” Approval of the rezoning to District "C-3" (Business).  Commissioner Goga seconded.  All voted, passing the motion by a vote of 4-0-0.  This case will be presented at the City Commission meeting on September 27, 2005.

 

H.  Close Public Hearing.

 

5.  SUBDIVISIONS.

 

A. CASE:  S050882(A) Continued from July 6, 2005. PETITIONER: Tierra de Suenos, Inc., owner, by Klad Zimmerle, P.L.S., agent.  REQUEST: Approval of the final plat of LAS LOMAS SUBDIVISION, for fiftythree (53) lots; with variances on the construction and installation of alleys, on the installation of utilities (sewer), on the construction of streets to City standards (curb, gutter, sidewalk, and paving width), and on the dedication of public land; with public access, and septic tank systems; located outside the City of Alamogordo, but within its planning and platting jurisdiction.  TOTAL AREA: ±102.03 acres.  LOCATION: 1700 Block Ocotillo Road.  CURRENT LEGAL: Lot 2A, Lands of Malone, Replat A.  CURRENT ZONE: No zoning, outside the City.

 

Ms. Few reported Tierra de Suenos, Inc., owns 102.03 acres in Section 32, T16S, R10E, NMPM.  Development of the property into fifty-three (53) lots is proposed together with dedication of rightsofway.  Although the subdivision is located outside the City of Alamogordo annexation is planned by the developer.  The property has no zoning since it is located outside the City of Alamogordo.  Upon annexation the property would be zoned R-1 (Single Family Dwelling).  The 2000 Comprehensive Plan designates this property as medium density (single family urban).  Through alleys, having a width of twenty feet (20') are required in each block.  A variance to this requirement has been requested by the applicant.  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 was requested by the developer.  As the subdivision is located outside the City, it is usually not appropriate to require public land to be dedicated to the City.  However, as annexation is planned, the developer has agreed to dedication land for the subdivision with the development of the second phase of this subdivision (within Lot 53).  Deferral of the public land dedication is supported.  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.  As previously noted, annexation of the property is pending.  The sub-division will connect to City water upon annexation, but septic tank systems are planned and have been approved by the City Commission.  Other engineering concerns are being addressed.  The level of improvement on Ocotillo Road does not meet City standards.  A Waiver of Protest Agreement has been drafted.  Otero County and the City of Alamogordo shall exercise concurrent jurisdiction over territory within the five mile platting jurisdiction of both the county and the municipality.  This subdivision is not scheduled for consideration by the County Planning Commission.  STAFF RECOMMENDATION:  Approval of the final plat of LOS LOMAS SUBDIVISION is supported by staff.

 

Mr. Tom French, President of Tierra de Suenos, stated all issues had been resolved with staff.  There will be a land dedication to the city of lot 53 (28 acres), when the one to two acre park is developed, complete with well.  It will then become a public park for that area.  A water main will tie from Ocotillo to Caneadea, which will strengthen the water system in Caneadea and all the way to the south side.  Were doing lot of good things on this development to have a strong neighborhood and strengthen the surrounding neighborhoods.  We have never planned for this to be a county subdivision so we don’t want to waste the counties time.  If this is approved today, we will hold it for consideration from the city commission pending annexation approval; also on the agenda for this meeting today.  It is our intent that this be a city subdivision.

 

Commissioner Goga made a motion “TO APPROVE” CASE S-05-0882(A)Approval of the final plat of LOS LOMAS SUBDIVISION.  Commissioner Gardiner seconded.  All voted, passing the motion by a vote of 4-0-0.  This case will be presented at the City Commission meeting on September 27, 2005.

 

B. CASE: S050889(A) Continued from August 3, 2005.  PETITIONER: Clifton McDonald and Barbara McDonald, owner, by Klad Zimmerle, P.L.S., agent.  REQUEST: Approval of the final plat of WESTWOOD SUBDIVISION, UNIT 1, REPLAT A, for four (4) lots; with the vacation and abandonment of part of Erna Drive, West Eighth Street, and two (2) alleys; 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 dedication of public land, and from Section 2201140(b)(1) relating to drainage plans; without all utilities, paved streets and public access; located within the City of Alamogordo.  TOTAL AREA: ±4.241 acres.  LOCATION: South of West Tenth Street between McDonald Road and the Alamogordo Relief Route (Charlie T. Lee Memorial Highway).  CURRENT LEGAL: Lots 5 through 23, Block 2, Westwood Subdivision, Unit 1.  CURRENT ZONE: District "M2" (Industrial).

 

Ms. Few reported Clifton A. McDonald and Barbara A. McDonald own Lots 5 through 23, Block 2, Westwood Subdivision, Unit 1, within the City of Alamogordo.  Approval of the final plat of WESTWOOD SUBDIVISION, UNIT 1, REPLAT A, for 4.241 acres has been requested for the development of four (4) commercial lots with the replatting of streets and alleys.  The property, South of West Tenth Street between McDonald Road and the Alamogordo Relief Route (Charlie T. Lee Memorial Highway), is zoned "M-2" (Industrial) District.  The 2000 Comprehensive Plan designates this property to be developed as light industrial.  Through alleys, having a width of twenty feet (20'), are required in each block.  The alleys are being re-aligned and re-dedicated as requested by the department of Public Safety.  Addresses for each lot are required on the plat.  Addresses for each lot have been assigned and are required on the plat prior to filing.  A drainage report sealed by a professional engineer, registered in the State of New Mexico, is required.  A conception of the design is required to be provided and approved by staff prior to consideration of the subdivision by the City Commission.  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.  Dedication of land was provided to the City with the original subdivision in 1959.  The City sold the majority of the property.  Specific notation is required on the plat that access is prohibited onto Tenth Street (from Lot 1) and onto Charlie T. Lee Memorial Highway (from Lots 1 through 4).  The plat must be corrected to include this notation.  The plat must be corrected to show the following: (a) Property corners at the street intersection on lots 1 and 4 must be rounded. (b) The right-of-way width of West Eighth Street must be shown.  The installation of street improvements, in accordance with the "Technical Standards" is required. (a) Additional right-of-way is has been provided for McDonald Road (for a total width of sixty feet (60')) Development will be required per the "typical" section. (b) Driveways should be combined at the property lines to reduce the number of curb cuts.  Additionally, an "access easement" should be provided at the front lot lines to allow customer traffic to travel between lots. (c) It is recommended that the applicant improve McDonald road to current public street standards.  Industrial or commercial use of the existing road in its current condition is not recommended.  The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required. (a) Plans for water and sewer need to be submitted and approved by staff. (b) The location of the utility sleeves (under the Alamogordo Relief Route) must be shown on the utility plans. (c) Fire hydrants must be shown in the plans and installed in the subdivision. (d) It is recommended that any commercial or industrial use of the property be served by public water and sewer.  Public lines will need to be extended from the east side of the Relief route to serve this property.  The sub-divider 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.  STAFF RECOMMENDATION: Approval of the final plat of WESTWOOD SUBDIVISION, UNIT 1, REPLAT A, is supported with the required plat corrections and with approved street and utility plans.

 

Klad Zimmerle, Alamotero Land Surveys, stated this is a replat of an older subdivision where we are consolidating a bunch of previously residential and realigning some alleys and some streets.  We have addressed the majority of staff concerns.  We would like the drainage report to be differed to the building permit stage.  There are no plans for building or parking lots at this time.  It is customary to submit drainage with the building permit.  Ms. Few noted the city engineer has requested a design concept, so if he gives a sign-off on not needing that, the rest of the staff would have no problem with it.  We would request a waiver of protest be done to include utilities.  The nearest water is at Lawndale, which is across the relief route and ¼ mile to the East.  The sleeves that were put in the relief route were designed to slope to the West which is the natural flow of the land.  The sewer line was installed on the East side of the relief route with the sleeves also set to drain to the West.  They can’t be utilized by this development.  It would be cost prohibitive to re-bore the relief route.  Extension of the water line down the relief route is planned for one to two years in the future, but we would like to go ahead with this development now and get it approved with the waiver of protest on the utility installation with wells and septic tanks to be allowed.  The lots are sized adequately to allow that.

 

Chairman Sanders asked staff about protests regarding the wells and septic systems.  Ms. Few noted the water lines are the main concern.  Staff has not received any supplemental schedule information from either public works or engineering.  One of the biggest advocates for city water system on commercial development is public safety.  With the new information regarding the sleeves under the relief route; if public works, engineering and fire safety sign off on the wells we’d have no problem.  Mr. Zimmerle clarified the well and septic issue was currently proposed only for the large lot.

 

Commissioner McCracken made a motion “TO APPROVE” CASE S-05-0889(A)Approval of the final plat of WESTWOOD SUBDIVISION, UNIT 1, REPLAT A, is supported with the required plat corrections and with approved street and utility plans.  Commissioner Goga seconded.  All voted, passing the motion by a vote of 4-0-0.  This case will be presented at the City Commission meeting on September 27, 2005.

 

6.  MISCELLANEOUS.

 

CASE: A040061(A).  PETITIONER: Ben Boldt and Harlo Dynek, Tierra de Suenos, Inc., et al (various), owners.  REQUEST: Approval of an ordinance consenting to the annexation of land contiguous to the Southeast boundaries of the City of Alamogordo.  TOTAL AREA: ±295.284 acres.  LOCATION: South of Ocotillo Road, west of Ocotillo Lane, north of Desert Lakes Road, and lands abutting South Florida Avenue.  CURRENT LEGAL: A tract of land in Sections 31 and 32, T16S, R10E, NMPM, described by metes and bounds as follows: Starting at the Southeast corner of said Section 31 and going North 00 degrees 01 minutes 21 seconds East along the East line of said Section 31 a distance of 80.00 feet to the place of beginning of the tract of land herein described; thence South 89 degrees 45 minutes 06 seconds West a distance of 1603.18 feet; thence North 00 degrees 01 minutes 54 seconds West a distance of 585.65 feet; thence North 89 degrees 43 minutes 07 seconds East a distance of 562.51 feet; thence North 00 degrees 07 minutes 32 seconds East a distance of 665.98 feet; thence South 89 degrees 41 minutes 09 seconds West a distance of 278.60 feet; thence North 00 degrees 07 minutes 32 seconds East a distance of 1339.45 feet; thence North 00 degrees 10 minutes 44 seconds West a distance of 1326.27 feet; thence North 89 degrees 40 minutes 07 seconds East a distance of 1320.53 feet; thence North 00 degrees 00 minutes 26 seconds East a distance of 614.85 feet; thence South 89 degrees 42 minutes 33 seconds East a distance of 1334.79 feet; thence North 00 degrees 02 minutes 54 seconds West a distance of 718.13 feet; thence South 89 degrees 42 minutes 33 seconds East a distance of 1334.09 feet; thence South 89 degrees 41 minutes 17 seconds East a distance of 333.42 feet; thence South 00 degrees 18 minutes 43 seconds West a distance of 300.00 feet; thence South 89 degrees 41 minutes 17 seconds East a distance of 300.00 feet; thence North 00 degrees 18 minutes 43 seconds East a distance of 300.00 feet; thence South 89 degrees 41 minutes 17 seconds East a distance of 700.25 feet; thence South 00 degrees 15 minutes 37 seconds East a distance of 543.73 feet; thence South 89 degrees 41 minutes 17 seconds East a distance of 30.00 feet; thence South 00 degrees 15 minutes 37 seconds East a distance of 734.14 feet; thence South 89 degrees 31 minutes 18 seconds West a distance of 1367.13 feet; thence South 00 degrees 06 minutes 18 seconds East a distance of 1296.70 feet; thence South 88 degrees 44 minutes 08 seconds West a distance of 2673.88 feet; thence South 00 degrees 01 minutes 21 seconds West a distance of 2586.29 feet to the said place of beginning.  CURRENT ZONE: District "R1" (Single Family Dwelling) upon annexation.

 

Ms. Few reported Ben Boldt, Harlo Dynek, Tierra de Suenos, Inc., and others own the majority of land in Sections 31 and 32, T16S, R10E, NMPM, Otero County, New Mexico.  They have signed a petition requesting annexation of their properties into the corporate limits of the City of Alamogordo.  The property is currently unzoned as there is no zoning outside the City limits.  Pursuant to Section 207040 and Section 2901030 of the Code of Ordinance of the City of Alamogordo, New Mexico, all territory is zoned District “R1” (Single Family Dwelling District) upon annexation.  Therefore, development of the acreage will be limited to one (1) single family dwelling unit per lot (or another use allowed in District “R1”) until platting of the property and/or rezoning are approved by the City Commission.  The 2000 Comprehensive Plan designates this property to be developed as medium density (single family urban).  The property is located inside the City’s utility extension and annexation area.  Within the City of Alamogordo public streets are required, in accordance with the "Technical Standards".  Additional right-of way for South Florida will be needed at the time that the property adjacent to the roadway is developed.  The installation of utility lines (water and sewer) in accordance with the "Technical Standards" is required.  The impact on drainage of development over and above one (1) single family use per lot or parcel can not be determined without receipt and review of a site development plans with hydraulic data.  The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance.  An Avigation Easements limiting vertical development will be required with all development.  STAFF RECOMMENDATION:  Approval of the requested annexation for Case A-04-0061(A) is supported; with the understanding that annexation of the property does not guarantee either the approval of any development plan or the availability of water and/or sewer services for such development.

 

Ms. Few displayed a map outlining the proposed annexation area.

 

Mr. Tom French, owner of Tierra de Suenos, stated the final plat was just approved for this development.  I do believe this is a good idea to make these continuous boundaries for the city.

 

Mr. Aiden Budak, South Florida property owner, stated he doesn’t believe it to be advantageous.  Storm drainage is currently a big problem and until he sees the overall development plan.  South Florida does definitely need to be repaired and widened.  The increase in traffic and construction equipment will only deteriorate the road.  A waste water treatment plant is also needed for this area if it is to continue to grow and develop.

 

Ms. Anivette Garcia, South Florida property owner.  We were contacted by phone approximately a week ago and asked if we wanted to sign a petition and informed that this annexation was being proposed, we were not given any information.  I came in and picked up a petition.  I don’t see that this annexation will get me anything other than increased taxes.  We have a well, septic and disposal service that we currently pay for.  The 2 trash pickups a week through the city would not be worth the increase in taxes I would have to pay. 

 

Mr. Ben E. Woodruff, member and officer of Alamogordo Moose Lodge #2016, stated we didn’t get a lot of notice regarding this annexation.  We are located at 29 S. Florida, and we operate a liquor establishment.  There will be different hours of operation, and several areas that are vital to our operation on a daily basis.  We need to know about and begin to take action to comply or fight the annexation is we can.

 

Ms. Few stated the property of the Moose Lodge is in the annexation area.  The Moose Lodge and other property owners have been given notice.  This item has been covered in the local newspaper at numerous times throughout the past year.  Members of the Moose Lodge have been advised of the proposed annexation several times.  They have been in contact with the city clerk’s office regarding the issue of the liquor license.  Each time they have been directed to the Alcohol and Gaming Licensing Bureau in Santa Fe, because they are the only ones that can give the definitive answers on that.  They will only give those answers to the members of the Moose Lodge, not to the municipality.  This annexation has been under discussion for well over a year.  There have been public meetings, been in newspaper quite often, at least three (3) meetings with the county commissioners and city commissioners in joint sessions regarding this.  The Moose Lodge is in the annexation area; this will be a leveraged annexation and staff has been directed that this annexation will be all or none and cannot be annexed indiscriminately.  Maps and letters were mailed to many of the property owners.  Mr. Matt Anderson has contacted many property owners by phone or in person regarding this issue.  Many people have come into our office and been provided maps, annexation copies of the petition.  The Moose Lodge was sent a letter regarding this annexation.

 

Mr. Woodruff stated the Lodge administrator is the person who would normally inform the officers of these types of issues.  He cannot positively say whether a letter was received or not.

 

Ms. Few advised she had just learned the Lodge was not sent a letter but rather was contacted by telephone.  Most of the local property owners we attempted to contact in person; not by mail.

 

Ms. Few noted, for general information, there is no requirement that we notify anyone on any annexation other than the publication of ordinances and postings of the meeting.  We did make an attempt to notify as many people as possible regarding this matter.

 

Mr. Paul Wing, Administrator of Moose Lodge, stated his office was never contacted regarding this annexation.  This will financially burden us a great deal.  Sunday sales will have to stop, will have to re-apply for liquor license going from county to city, if there are protests against that, we are effectively out of business.  Ms. Few stated that members of the Lodge staff have been in contact with the city clerk’s office as recent as three times within the last two (2) weeks regarding this issue and the license.  They have represented themselves as being able to speak for the Moose Lodge and we have had no reason to question their authority.  Ms. Few also stressed that they needed to contact the state Alcohol and Gaming Commission regarding the status of your license.

 

Ms. Katherine Budak, South Florida property owner, stated the current road is not safe right now.  How can you justify any more building in that area until that road is corrected?  People are trying to walk or ride bicycles down that road and the amount and speed of the traffic prohibit any safe activity.  I fail to see where you are trying to take into consideration the families that live along that road.  I don’t feel we were given proper amount of notice to research this annexation.

 

Ms. Few stated that currently that property is not inside the city.  Therefore we do not maintain it.  With the annexation we would be maintaining and developing that road with the approval of the annexation.

 

Mr. Mark Reese, South Florida property owner, stated it appears there is no master plan for this area, it has been piece milled in.  It doesn’t appear that much thought has been given to the overall grand plan for traffic, drainage or other improvements.

 

Ms. Christine Jones, member of Moose Lodge #2016, represents 757 people today who voted to sell to Wal-Mart and move out to the county.  We do a lot of community service work. We are worried about the effect on our business.  We could lose everything.  What do we need to do to let you know how we feel?

 

Ms. Cat Brabson, South Florida property owner, expressed her concern about what the city plans to do before all of the buildings come in.  It currently is a very rural area, and as it is now, it is not ready for all of that development without a master plan.  I would like to know what that is.

 

Mr. Jeff Whiteside, South Florida property owner, expressed his concerns regarding no water lines or sewer lines.  There really is no benefit to me, only taxes.

 

Mr. Matt Anderson, city GIS Land Management Coordinator, stated that Mr. Chris Mendoza was the person contacted at the Moose Lodge on the 26th of August.  I asked to speak to someone who would be responsible for the property.  I also contacted approximately twenty (20) other personal property owners.

 

In general commission comments, Ms. Few stated she had been directed that this would be a leveraged annexation.  If it is not taken as a whole, it will leave pockets of county jurisdiction within the city, which is both inefficient for delivery of services and dangerous for definition of jurisdiction in life safety issues.  Commissioner McCracken commented that due to the condition of South Florida and the road, some of the benefits of being in the city are that if this is annexed, the city will be responsible for the widening of the road; the condition of that road will improve.  Although subdivisions that have been approved in that area, out of the city limits, they are still within the city jurisdiction and therefore scrutinized by the city concerning drainage and sewer and other issues.  I do have a concern for the Moose Lodge and the impact this would have on them.  He also questioned the District (R-1) zoning.  Ms. Few noted the Lodge would come into that zoning as preexisting non-conforming and could continue to operate as a club without interruption for a period of more that two (2) years.  Chairman Sanders stated she would like for the public in that area to have a chance to see what the city would be doing to benefit them, ie...road, drainage, etc. 

 

Mr. French, in his final statement, indicated the city is currently working to secure funds to improve Florida.  This is at the top of the city’s list of major road improvements.

 

Commissioner McCracken made a motion “TO APPROVE” CASE A-04-0061(A)Approval of the requested annexation.  Commissioner Goga seconded.  All voted, passing the motion by a vote of 3-1-0 with Chairman Sanders voting against the issue.  This case will be presented at the City Commission meeting on September 27, 2005.

 

7.  REPORTS.

A.  City Planner.

(1)  October Agenda.  Two (2) items

(2)  Other:  (a) Input for annual report

(b) Chairman Sanders and Commissioner Goga terms expire end of Jan. ’06.

B.  City Attorney.

C.  Chairman.

D.  Commissioners.

(1)  Representative from HAFB.

(2)  Representative to County Planning Commission.

(3)  General.

 

8.  PERSONS TO BE HEARD.

 

9.  ADJOURNMENT There being no further business to come before the Commission, Commissioner McCracken made a motion "TO ADJOURN".  Seconded by Commissioner Goga.  All voted "AYE", passing the motion by a vote of 400.  The meeting adjourned at approximately 3:15 p.m.

 

 

Approved:  October 5, 2005

/s/ Ginna L. Sanders               

Ginna L. Sanders, Chairman

 

 

ATTEST:

/s/ Linda Sanderson                                       

Linda Sanderson, Recording Secretary