October 3, 2001 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

October 3, 2001

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman

Ms. Paula J. Dardin, Second Vice-Chairman.

Mr. Preciliano J. Martín, Member.

Mr. Jack M. Glahn, Member

MEMBERS ABSENT:

Mr. Daniel Schwebke, First Vice-Chairman.

Mr. Robert J. Jaramillo, Ex-Officio Member.

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. J. Gregory Garcia, Recording Secretary.

OTHERS PRESENT:

Mr. Manfred Leszczynski; Mr. Klad Zimmerle, RLS, agent; DPS Fire Services Commander, Joe Bailey; and DPS Captain, Mike Mirable.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled October 3, 2001, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of four (4) items were to be considered, two (2 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 October 23, 2001, to render final decisions.

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

3. MINUTES OF SEPTEMBER 5TH REGULAR MEETING, AND SEPTEMBER 30TH INSPECTION TOUR, 2001. Commissioner Dardin made a motion "TO APPROVE THE MINUTES, AS WRITTEN AND THE INSPECTION TOUR". Seconded by Commissioner Glahn. All voted "AYE", approving the motion by a vote of 4-0-0.

4. PUBLIC HEARING.

A. CASE: V-01-0450(A). PETITIONER: City of Alamogordo, owner, by Joe W. Bailey, Fire Services, agent. REQUEST: Approval of a variance of one hundred feet (100') from Section 8-05-060, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing curb cut widths; which, if approved, would allow the construction of a 140 foot curb cut to accommodate on-street angle parking, rather than the forty foot (40') curb cut limited by Code. TOTAL AREA: ±15,000 square feet. LOCATION: 619 Texas Avenue. CURRENT LEGAL: Lot 7 and 8, Block 39, Alamo Blocks. CURRENT ZONE: District "B" (Two Family Dwelling).

Ms Few reported that The City of Alamogordo owns Lots 7 and 8, Block 39, Alamo Blocks. A new central fire station is planned for the site with parking on the north side of the property. The property, 619 Texas Avenue, is zoned "B" (Two Family Dwelling) District. The 1971 Master Plan designates this property to be developed as low density residential. Curb cuts may not exceed forty feet in width. A 140 foot curb cut is proposed on the north side of the property (the south side of Seventh Street) to allow angle parking adjacent to the new fire station. Therefore a variance of 100 feet has been requested. The parking arrangement will be similar to the arrangement on the south side of the DPS building. 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. By allowing the extraordinary curb cut, employee and visitor parking will not constrict the travel width of Seventh Street, as the parking will be substantially out of the travel lane. In addition, the proposed construction site is too small to allow cars to be parked on the site and allow the unimpeded ingress and egress of the emergency fire vehicles. Pursuant to Section 29-01-070(c), of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised September 16, 2001, in the Alamogordo Daily News, and thirty-seven (37) notices were mailed to property owners within the 200 foot legal protest area on September 13, 2001. No protests to the requested variance were received. Staff recommends approval of the requested curb cut variance as it will keep travel lanes clear on Seventh Street (which has relatively low volumes of traffic) and also allow the unobstructed ingress and egress of emergency vehicles.

Mr. Joe Bailey, DPS Fire Services Commander, was available for questions on the request. Mr. Bailey stated that they are proposing constructing a fire station on the area that is currently being used for personal vehicles for DPS employees. The parking volume has been reduced by going to a two on one car program, where some of the officers take a unit home at night. He stated that there are still a lot of people that park in that parking lot. One of the things that has been done to help this is allow some of the employees to park in the angle parking on the south side of Seventh Street. By allowing the variance, it would generate a number of parking spaces for employees of DPS to park their personal vehicles. Chairman Sanders asked if the Fire Department would be separated from DPS. Mr. Bailey stated that eventually that is the plan. However, that wasn’t the purpose of requesting this variance. He went on to say that they had looked at renovating Central Fire Station and budget estimates were done with a bond issue two years ago. The estimates exceeded the budget for monies left over after constructing Fire Station #5 and #6, so it was more cost effective for the City of Alamogordo to do some renovation on the existing structure and then build a new fire station. That parking lot was chosen because it was already owned by the City of Alamogordo and would minimize the impact to residents in that area. Commissioner Martin asked if a new fire station would be built on the current parking lot. Mr. Bailey answered that the City Commission has the final approval, but as long as the variance is approved, he was sure that they would approve the new fire station. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF THE VARIANCE". Commissioner Martin seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

B. CASE: V-01-0451(A). PETITIONER: Manfred W. Leszczynski and Wendy D. Leszczynski, owners. REQUEST: Approval of variances to allow the construction of an attached unenclosed carport on the front of the house over the existing driveway, as follows: (a) a variance of five feet (5') from Sections 29-03-030, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing side yard setbacks; which, if approved, would allow the proposed carport to have no setback from the side property line, rather than the five foot (5') side yard required by Code; and (b) a variance of five feet (5') from Sections 29-03-020 and 29-04-060, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing front yard setbacks; which, if approved, would allow the carport to be constructed with a front yard setback of ten feet (10'), rather than the fifteen foot (15') front yard required by Code. TOTAL AREA: ±6,107.6 square feet. LOCATION: 1302 Ridgecrest Court. CURRENT LEGAL: Lot 13, Block 21, Dale Bellamah Addition No. 4. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that Manfred W. Leszczynski and Wendy D. Leszczynski own Lot 13, Block 21, Dale Bellamah Addition No. 4. They want an attached carport constructed on the front their home. The property, 1302 Ridgecrest Court, is zoned "A" (Single Family Dwelling) District. The 1971 Master Plan designates this property to be developed as low density residential. A side yard, on each side of the one-story portions of buildings, of not less than five feet (5') is required. The carport is to be constructed with no side yard setback. Therefore a variance of five feet (5’) has been requested. A front yard setback of not less than twenty-five feet (25') is required, however an unenclosed carport may encroach not more than then ten feet (10') upon that setback. The support posts of the carport will be ten feet (10') from the front property line. A variance of five feet (5') is needed to allow the construction as proposed. A variance to dimensional regulations may be granted where: (1) such action will not be materially detrimental to the public interest; and (2) such action, will not grant a discriminatory benefit to the land owner and/or harm neighboring properties; and (3) such action, owing to conditions peculiar to the property or the neighborhood and not the result of actions or the situation of the applicant, a literal enforcement of the Code of Ordinances of the City of Alamogordo, New Mexico, and not in conflict with any other adopted code, would result in practical difficulties or unnecessary hardship. The owners are senior citizens and Mrs. Leszczynski has severe health problems. The carport is proposed to provide protection over Mrs. Leszczynski's car which will keep it cooler in the summer and eliminate the problem of ice and snow over the access to the vehicle. Pursuant to Section 29-01-070(c), of the Code of Ordinances of the City of Alamogordo, New Mexico, notice of the time and place of the public hearing was advertised September 16, 2001, in the Alamogordo Daily News, and thirty-three (33) notices were mailed to property owners within the 200 foot legal protest area on September 13, 2001. No protests to the requested variance were received. Staff recommends approval of the variance with the conditions that the carport never be enclosed and that it is guttered to eliminate run-off to adjacent property from the roof.

Mr. Leszczynski was available to speak for the variance request. Mr. Leszczynski stated that he has had two knee surgeries and is currently wearing a brace. His wife uses a cane, and the carport variance would help them both access their vehicle safely in inclement weather. Chairman Sanders asked if there would be a problem of the conditions set by staff for guttering and never enclosing the carport. Mr. Leszczynski stated that the carport will not be enclosed, as it was never the intention; and the gutter is no problem. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF THE VARIANCE WITH THE CONDITIONS RECOMMENDED BY STAFF". Commissioner Glahn seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

C. CLOSE PUBLIC HEARING. Chairman Sander declared the public hearing closed.

5. SUBDIVISIONS.

A. CASE: S-01-0721(A). PETITIONER: Old Kent Mortgage Company, a Michigan Corporation, Crystal C. Davis, and Norma Jean Ley, owners, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of the final plat of SACRAMENTO PARK SUBDIVISION, BLOCK 9, REPLAT D for two (2); with variances on the dedication of public land, on the width of Lot 20D, and from Section 22-01-140(b)(1) relating to drainage plans; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±0.354 acre. LOCATION: 1116 and 1118 Airport Avenue. CURRENT LEGAL: Lots 19C and 20C, Block 9, Sacramento Park Subdivision, Replat C. CURRENT ZONE: District "G" (Trailer).

Ms. Few reported that Old Kent Mortgage Company, Crystal C. Davis, and Norma Jean Ley own Lots 19C and 20C, Block 9, Sacramento Park Subdivision, Replat C, within the City of Alamogordo. Approval of the final plat of SACRAMENTO PARK SUBDIVISION, BLOCK 9, REPLAT D has been requested. Subject subdivision is to clear title on the property. The property, 1116 and 1118 Airport Avenue, is zoned "G" (Trailer) District. The 1971 Master Plan designates this property to be developed as trailer and residential. The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance. The property lies within the approach zone for Runway 16 at the Alamogordo-White Sands Regional airport. A Standard Avigation and Hazard Easement Agreement has been drafted. The height of structures, trees, etc. should not exceed 50 feet or extend above the elevation of 4250 feet mean sea level (MSL), whichever is more restrictive. The minimum building setback line on all lots and other sites is required to be shown on the plat. The front setback of twenty-five feet (25') on Airport Avenue and a side setback of feet (15') required by Code to be shown on the plat. This must be corrected on the plat prior to filing. Addresses for each lot are required on the plat. Addresses for each lot have been provided to the consulting engineer under separate cover and are required on the plat prior to filing. A drainage report sealed by a New Mexico professional engineer is required. The lots are developed. Approval of the variance on the drainage requirement is supported with the understanding that any change in the buildings on the property may require a drainage plan for any building or blocking permit. Public land, at a maximum of five percent (5%) of the total area of the subdivision, exclusive of streets and alleys, is required to be dedicated to the City of Alamogordo. No land is included on the plat for public land dedication to the City of Alamogordo. A variance to the public land dedication requirement is supported, as the property is a replat of previously approved subdivisions. Lot dimensions shall conform to the requirements of the zoning regulations. Lot 20 D is only 54 feet wide, rather than the 60 feet required by Code. The City of Alamogordo approved a variance for the width of this property in 1997 and continuation of the variance is appropriate. Staff recommends approval of the final plat of SACRAMENTO PARK SUBDIVISION, BLOCK 9, REPLAT D SUBDIVISION with the requested variances (on the dedication of public land, on the width of Lot 20D, and from Section 22-01-140(b)(1) relating to drainage plans) with the execution of an Avigation Easement and a Waiver of Protest Agreement and the required plat corrections.

Mr. Klad Zimmerle was available to represent the request. Mr. Zimmerle stated that this is primarily being done to clear-up title problems. The avigation easement granted only covered only a portion of one of the lots. This will bring all three together. Also, there were some errors on one of the replats—some lot dimensions that are being corrected. Commissioner Martin asked what an avigation easement is. Ms. Few answered that it is an agreement with the property owners of certain pieces of property and the City of Alamogordo that specify the height limitations for construction and/or vegetation restrictions. These are properties that are in the flight path or in the protection zone of the airport. Also, the avigation easement gives permission of aircraft to pass over the property in the airspace. Commissioner Glahn asked if there was going to be construction on these properties. Mr. Zimmerle stated that they are both fully developed. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL WITH EXECUTION OF AVIGATION AND WAIVER OF PROTEST". Commissioner Glahn seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

B. CASE: S-01-0726(A). PETITIONER: C. J. Dugan, owner, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of the preliminary and final plat of RATH TARA ESTATES SUBDIVISION, PHASE 3, for three (3) lots; with variances on the construction and installation of alleys, on the dedication of public land, and from Section 22-01-140(b)(1) relating to drainage plans; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±2.166 acres. LOCATION: 1400 Block of Galway Drive. CURRENT LEGAL: A tract of land in the East one-half Northwest one-quarter of Section 31, T16S, R10E, NMPM, Alamogordo, Otero county, New Mexico described by metes and bounds as follows: Starting at the Northeast corner of Rath Tara Estates, Phase 1 and going South 00 degrees 10 minutes 59 seconds East along the East line of said Rath Tara Estates, Phase 1 a distance of 740.01 feet to the place of beginning of the tract of land herein described; thence continuing South 00 degrees 10 minutes 59 seconds East a distance of 391.25 feet; thence South 89 degrees 49 minutes 01 seconds West a distance of 150.00 feet; thence South 00 degrees 10 minutes 59 seconds a distance of 10.02 feet; thence South 89 degrees 20 minutes 29 seconds West a distance of 118.08 feet; thence North 00 degrees 29 minutes 31 seconds West a distance of 430.00 feet; thence North 89 degrees 20 minutes 29 seconds East a distance of 71.65 feet; thence South 00 degrees 10 minutes 59 seconds East a distance of 29.99 feet; thence North 89 degrees 20 minutes 29 seconds East a distance of 50.00 feet; thence South 00 degrees 10 minutes 59 seconds East a distance of 130.00 feet; thence North 89 degrees 20 minutes 29 seconds East a distance of 110.01 feet; thence North 00 degrees 10 minutes 59 seconds West a distance of 130.00 feet; thence North 89 degrees 20 minutes 29 seconds East a distance of 40.00 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that C. J. Dugan own approximately two (2) acres in Section 31, T16S, R10E, NMPM, within the City of Alamogordo. Approval of the preliminary and final plat of RATH TARA ESTATES, PHASE 3, SUBDIVISION for the development of three (3) lots has been requested. The property, on Galway Drive, is zoned "A" (Single Family Dwelling) District. The 1971 Master Plan designates this property to be developed as residential and trailer. The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance. An Avigation Easement limiting vertical development to not more than fifty feet (50') above ground level has been drafted. Through alleys, having a width of twenty feet (20'), are required in each block. A variance to the requirement of alleys has been requested. The Alamogordo City Commission for the other phases of the Rath Tara Subdivision has approved variances to the alley requirement. Approval of a variance on alleys is supported. Addresses for each lot are required on the plat. Addresses for each lot have been provided to the consulting engineer under separate cover and are required on the plat prior to filing. A drainage report sealed by a professional engineer, registered in the State of New Mexico, which shall include calculations for existing (pre-developed) and developed conditions. Drainage facilities shall be designed for the 50 year, 24 hour storm event under developed conditions and evaluated for failure and/or property damage during the 100 year, 24 hour storm event. On-site ponding is permitted on lots over ten thousand square feet (10,000 sf) in size and the drainage area is confined to subject lot. If on-lot ponding is technically infeasible, drainage or ponding in a common retention/detention pond may be permitted. Design calculations shall be in accordance with the appropriate USDA/SCS method. A variance has been requested to allow a conceptual drainage plan for the subdivision with detailed grading and drainage data being provided with the building permits. A variance, as requested, for the grading and drainage requirements is supported. The conceptual plans are 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 and a variance has been requested. Approximately 2,587.46 square feet of dedication would be required for the subdivision. It is recommended that instead of granting a variance that the 15,650 square feet of drainage channel be accepted and credited toward public land dedication. All rough grading and shaping of lots to be in compliance with the Uniform Building Code (U.B.C.). The applicant(s) should take particular note of the requirements of Section 2907(d)5 and Section 7012(d) as it relates to the drainage of the rear lots. A temporary traffic barricade, built to Manual of Uniform Traffic Control Devices (MUTCD) standards, may be required at the end of Galway Drive and Burnage and Dublin Lanes. Typically five foot (5') utility easements are dedicated at the front property line when alleys are not provided. No such easements are shown on the plat. Five foot (5') utility easements, at the lot line abutting the street, and a "typical" must be included on the plat. The installation of street improvements, in accordance with the "Technical Standards" is required. Plans and profiles for each street must be received, reviewed and approved by the staff prior to consideration of the subdivision by the City Commission. The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required. Plan details for the utilities must be received, reviewed and approved by the staff prior to consideration of the subdivision by the City Commission. The subdivider shall be required to enter into a contract with the City, agreeing to abide by and to comply with his layout and drawings, as finally approved, and also, all plans and specifications as approved. A contract has been drafted for the completion of improvements. Staff recommends approval of the preliminary and final plat of RATH TARA ESTATES SUBDIVISION, PHASE 3, with a variance on alleys, with the execution of a Avigation Easement and a subdividers’ Contract and with the requirement that all supporting documentation be received by the City prior to consideration of the subdivision by the City Commission.

Mr. Klad Zimmerle was available to represent the request. Mr. Zimmerle stated that this all came up really suddenly. There are some time limitations that are being dealt with as-far-as the German Army being able to get the money that they need to develop these lots for church purposes. Everything on the engineering side of this is in the hands of Livingston and Associates, who has assured that they will have the grading plan, utilities, drainage study, etc. at least a week prior to the Commission meeting in order to give staff the chance to review everything. Chairman Sanders asked if there will be a problem dedicating the drainage easement on new land. Mr. Zimmerle answered no and stated that it’s very acceptable. Chairman Sanders asked if all the requirements would be done by the deadline. Mr. Zimmerle stated that it would not be a problem getting everything done. Commissioner Glahn asked what kind of construction would be done on the property. Mr. Zimmerle stated that the plans that need to be presented to staff prior to the City Commission meeting will be street and utility plans plus lot grading. He went on to say that they have already done the fieldwork for the topographical and the existing utilities, which, as previously mentioned, is in the hands of Livingston and Associates at this time. They will provide plans for street construction, sewer and water extension and preliminary grading on the lots. One of the lots will be entirely for parking, and one will be for the church itself. Mr. Zimmerle also stated that the grading plan will be conceptual and the German Army will "fine tune" it to fit the building that they planned on putting in–which was acceptable to staff. Commissioner Glahn also asked if there would be a rectory. Mr. Zimmerle stated that they are currently building the German Lutheran (protestant) Church to the North of the property. They have approximately 180 feet. They are allowing about 290 feet for the Catholic Church and the two lots across the street will be parking. Ms. Few wanted to clarify if the lot at the Northwest corner of Galway will also be parking. Mr. Zimmerle answered that it is the one residential lot that will come out of all this. The two large lots will be for the churches and the smaller one will be the residential lot. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL WITH CONDITIONS THAT STAFF HAS RECOMMENDED." Commissioner Martin seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

6. REPORTS.

A. City Planner.

(1) November Agenda – There is one item, a subdivision, for the November agenda. Ms. Few stated that more items are expected, however, a meeting will need to be held for sure.

(2) Expiration of Terms. Term is up for Chairman, Ginna Sanders and for Vice-Chairman, Dan Schwebke. Both are eligible for reappointment. Anyone who does not want to be reappointed must inform the Mayor. There are no vacancies that will necessarily need to be filled, however, Ms. Few stated that anyone who is interested in serving on a City Commission or board may fill out an application because people are always needed.

(3) Annual Report. Action for annual reports will be coming up on the January agenda. Chairman Sanders asked that the status of the junkyards be re-addressed on the annual report.

(4) 2002 Meeting Schedule. The meetings will be held on the first Wednesday of every month, as usual. However, in January 2003, the meeting will fall on the first. So, it has been moved to January 8, 2003. Chairman Sanders asked if the date for the meeting in January 2002 be moved back a week because of all the things going on with the Holidays. All other Commissioners agreed that it would be a good idea. Ms. Few stated that corrections will be made and because this has not yet gone before the City Commission, therefore it will be taken action upon in the next meeting.

(5) Other. —None.

B. Chairman. —None.

C. Commissioners.

(1) General. —None.

(2) NMML/NMLZO Meeting - Commissioner Martin. Commissioner Martin explained the topics of the meeting discussed and stated that it was very interesting. He also noted that there were a lot of Code Enforcement people there.

(3) Representative to County Planning Commission. —None.

(4) Representative from HAFB. —None.

7. PERSONS TO BE HEARD - None.

8. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Martin made a motion "TO ADJOURN". Seconded by Commissioner Dardin. All voted "AYE", passing the motion by a vote of 4-0-0. The meeting adjourned at approximately 2:25 p.m.

Approved: November 7, 2001

/s/ Ginna L. Sanders, Chairman

ATTEST:

/s/ J. Gregory Garcia, Recording Secretary