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
