September 5, 2001 Minutes

PLANNING AND ZONING COMMISSION

REGULAR MEETING

September 5, 2001

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman

Mr. Daniel Schwebke, First Vice-Chairman.

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

Mr. Preciliano J. Martín, Member.

Mr. Jack M. Glahn, Member.

MEMBERS ABSENT:

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

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. J. Gregory Garcia, Recording Secretary.

OTHERS PRESENT:

Ms. Haydee McCloud; Mr. Tony Adler, Agent; Mr. Jerry S. Kimmel; Mr. William Crabbe; Ms. Karen L. Kane; Mr. Patrick Morrow.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled September 5, 2001, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of five (5) items were to be considered, four (4) 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 Tuesday, September 25, 2001, to render final decisions.

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

3. MINUTES OF AUGUST 1ST REGULAR MEETING, AND SEPTEMBER 2ND INSPECTION TOUR, 2001. Commissioner Schwebke made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner Glahn. All voted "AYE", approving the motion by a vote of 5-0-0.

4. PUBLIC HEARING.

A. CASE: V-01-0445(A). PETITIONER: Haydee McCloud, owner. REQUEST: Approval of the following: (1) a variance of seven feet (7') from Sections 29-03-030 and 29-03-200, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing side yard setbacks; which, if approved, would allow the carport to be enclosed with a setback of eight feet (8') from the Texas Avenue property line, rather than the fifteen foot (15') side yard required by Code; and (2) a variance of nine feet (9') from Sections 29-03-020 and 29-03-200, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing front yard setbacks; which, if approved, would allow the address of the property to be changed to Second Street with an existing setback of sixteen feet (16') from the property line, rather than the twenty-five foot (25') front yard required by Code. TOTAL AREA: ± 12,000 square feet. LOCATION: 702 Second Street (formerly 120 Texas Avenue). CURRENT LEGAL: Lot 9A, Block N, Chihuahua Addition, Replat A (formerly Lots 9 and 10, Block N, Chihuahua Addition). CURRENT ZONE: District "B" (Two Family Dwelling).

Ms. Few reported this case was continued from last Planning and Zoning meeting held on August 1, 2001. Ms. Haydee McCloud owns Lot 9A, Block N, Chihuahua Addition, Replat A, 720 Second Street. The property was recently replated from Lots 9 and 10, Block N, Chihuahua Addition (formerly 120 Texas Avenue) to eliminate an interior lot line under which the house was located. She plans to enclose the existing carport on the west side of the property. The proposed enclosure of the carport and the change of the "front yard" required application for variances. The property, 720 Second Street, is zoned "B" (Two Family Dwelling) District. The 1971 Master Plan designates this property to be developed as low density residential. A side yard on the street side of one-story portions of buildings having a width of not less than fifteen feet (15') is required. The existing carport is to be enclosed with a side yard setback of eight feet (8'). Therefore a variance of seven feet (7') has been requested to allow the carport to be enclosed. A front yard having a depth of not less than twenty-five feet (25') is required. The applicant has had the address of the property changed to Second Street, which changes the orientation of the setbacks for the property. The house is only sixteen feet from the Second Street property line, therefore, a variance of nine feet (9') has been requested to legitimize the address and orientation of the house. A variance to dimensional regulations may be granted where: (1) such action will not be materially detrimental to the public interest; and (2) such action, will not grant a discriminatory benefit to the land owner and/or harm neighboring properties; and (3) such action, owing to conditions peculiar to the property or the neighborhood and not the result of actions or the situation of the applicant, a literal enforcement of the Code of Ordinances of the City of Alamogordo, New Mexico, and not in conflict with any other adopted code, would result in practical difficulties or unnecessary hardship. No justification of hardship, beyond the control of the applicant, accompanied the application to support the requested variance. The level of improvements abutting this property does not meet the city's standards. There is no sidewalk on the north side of the property, parallel to Second Street. Approval of the subdivision included the condition that the sidewalk be constructed to City standards by the applicant. 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 July 15, and August 19, 2001, in the Alamogordo Daily News, and thirty-four (34) notices were mailed to property owners within the 200 foot legal protest area on July 13, and August 15, 2001. Staff recommends approval of the side and front yard variances as the footprint of the structure will not change, the clear site triangle will not be compromised and no protests have been received. Approval of the side and front yard variances is recommended with the condition that the subdivision plat be filed no later than October 1, 2001.

Ms. Haydee McCloud and Mr. Tony Adler, who acted as representative and interpreter for Ms. McCloud; were available to speak for the request. Mr. Adler discussed the situation with Ms. McCloud and she wants to proceed with the variance request. Mr. Adler asked what needed to be done to have the variance approved at this point. Ms. Few stated that the subdivision plat has been drawn, processed through staff and approved by the City Manager, but has not been filed. Therefore, there is no replat in place—which means that the building permit cannot be issued, even with the variance approval. The engineering firm must be notified to go ahead and file the plat before anything is done. However, Ms. McCloud asked if the sidewalk may be installed simultaneously with the construction of the carport. Ms. Few stated that the building permit may incorporate the new construction as well as the sidewalk and because the permit is good for one year, the sidewalk would have the same time limit. Mr. Adler and Ms. McCloud agreed that the sidewalk would be in place within the year and the plat would be filed as soon as possible. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF CASE V-01-0445(A) WITH THE CONDITION THAT THE SUBDIVISION PLAT BE FILED NO LATER THAN OCTOBER 1, 2001". Commissioner Glahn seconded the motion. All voted "AYE", passing the motion by a vote of 5-0-0.

B. CASE: Z-01-0604(A). PETITIONER: New Mexico State Armory Board, owner. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "D" (Business); which, if approved, would allow the property to be used for training military troops and to be sub-leased for retail sales, teen dances, banquets, etc. TOTAL AREA: ±5.04 acres. LOCATION: 1562 S. Florida Avenue. CURRENT LEGAL: A tract of land being the North one-half of the Southeast one-quarter of the Northeast one-quarter of the Northeast one-quarter of Section 31, Township 16 South, Range 10 East, NMPM, being more particularly described by metes and bounds as follows: Starting at the Northeast corner of said Section 31 and going South 00 degrees 03 minutes East along the East boundary of said Section 31 a distance of 666.20 feet to the point of beginning of the tract of land herein described; thence continuing South 00 degrees 03 minutes East a distance of 333.10 feet; thence South 89 degrees 32 minutes West a distance of 660.72 feet; thence North 00 degrees 08 minutes West a distance of 332.33 feet; thence North 89 degrees 28 minutes East a distance of 661.21 feet to the point of beginning. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that The New Mexico State Armory Board owns approximately five (5) acres in Section 31, T16S, R10E, NMPM, on the west side of South Florida Avenue. The proposed rezoning will allow the building to continue to be used as an armory for training military troops and to be sub-leased for retail sales, teen dances, banquets, etc. The property, 1562 S. Florida Avenue, is zoned "A" (Single Family) District. Rezoning the property, as requested, to "D" will create "spot" zoning within the "A" district and will open the property to a wide range of allowed uses. Most of the surrounding property is either vacant or a commercial/industrial uses located outside of the City of Alamogordo, which is not zoned. The proposed commercial uses will apparently be inside the Armory building. The 1971 Master Plan designates this property to be developed as residential and trailer. The proposed rezoning will not conform to the Master Plan and will create a spot (island) of business zoning. As previously noted, land uses adjacent to or abutting subject property appear to be vacant or commercial/industrial uses located outside the City. The City Attorney has noted that New Mexico appellate courts, while not deciding whether spot zoning is always illegal, have enumerated two factors to weigh in deciding if illegal spot zoning has occurred. Those factors include: a) if the use fails to comply with the comprehensive plan, and b) if the use is inconsistent with the surrounding area, grants a discriminatory benefit to the land owner, and/or harms neighboring properties or the community welfare. In this instance, the proposed use does not comply with the comprehensive plan; the Commission must determine whether the second set of factors is present. 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 and forwarded to Santa Fe for signature. The level of improvements abutting this property does not meet the city's standards. A waiver of protest agreement has been prepared and forward to Santa Fe to be signed. Pursuant to Section 29-01-020, 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 19, 2001, in the Alamogordo Daily News, and six (6) notices were mailed to property owners within the 200 foot legal protest area on August 15, 2001. No protests to the requested rezoning were received. As the current use of the property will not change substantially, commercial/industrial uses exist near the property on the East side of Florida Avenue outside the City, and the proposed commercial sub-leases will be conducted inside the building, staff recommends approval of the rezoning to District "D" (Business), with the execution of the required easement and agreement.

Sergeant Jerry Kimmel of the New Mexico National Guard was available to speak for the request. Mr. Kimmel stated that they would just like to continue doing what they’ve done for the past twenty-one (21) years, since the Armory was built. He stated that the rental of the hall is their source of income and what is used to maintain the Armory. They use it to repair broken toilets and replace tables, Etc. He went on to say that they have an agreement that is certified by the State Labor Board that there is no alcohol allowed at the Armory. The hall is the lowest rental unit for dances, wedding receptions and parties, therefore, the Armory is constantly being reserved. Commissioner Schwebke asked Mr. Kimmel why the Army doesn’t support the Armory. Mr. Kimmel answered that anything under $500 doesn’t get much attention from the main office in Santa Fe. To get money allocated to a project at this armory is very hard, so the monies made from the rental of the hall is essential to the existence of the Armory. Mr. Kimmel added that the policy of the New Mexico National Guard prohibits alcohol on the premises. If someone renting the hall is caught using alcohol, they forfeit their deposit. Commissioner Schwebke asked if there are any guns and ammunition for explosives on the premises. Mr. Kimmel answered that only guns are stored on the premises, however they are stored in a high-tech vault that is wired with an alarm and there is no ammunition. Also, one of the conditions of renting the hall is that there are security guards at a ratio of one (1) to every 100 people. National Guard personnel are not allowed in the hall during the events because of a conflict of interest. He stated that "spot-checks" are done randomly to make sure the function has sufficient and credible security, and that there is no alcohol on the premises. Chairman Sanders asked if the functions were taking place on a regular basis until the zoning was found to be incorrect. Mr. Kimmel answered yes. Commissioner Martin asked what types of functions take place in the Armory. Mr. Kimmel answered that there are birthday parties, wedding receptions, quinceaneras and even wedding ceremonies. He went on to say that the capacity is approximately 752 people according to the Department of Public Safety. He stated however, for safety purposes, any function over 400 people is discouraged. Commissioner Glahn asked if there is ample parking for that many people. Mr. Kimmel stated that there is enough parking to accommodate approximately 100 to 120 vehicles. On occasion the motor pool area is opened-up for additional parking and people do park across the street off the main road and at the Atrium. Commissioner Schwebke made a motion "TO RECOMMEND APPROVAL OF THE ZONING TO "D", BUSINESS WITH THE EXECUTION OF THE REQUIRED EASEMENT AND AGREEMENT". Commissioner Dardin seconded the motion. All voted "AYE", passing the motion by a vote of 5-0-0.

C. CASE: V-01-0447(A). PETITIONER: Leo S. Kane and Karen L. Kane, owners. REQUEST: Approval of a variance of nineteen feet (19') from Section 29-03-040, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing rear yard setbacks; which, if approved, would allow a detached storage garage to be connected to the house via a new breezeway which would result in a setback of one foot (1') from the south property line, rather than the twenty foot (20') rear yard setback required by Code. TOTAL AREA: ±7,300 square feet. LOCATION: 1722 Monte Vista Corte. CURRENT LEGAL: Lot 12, Block 16, Alamogordo Estates. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that Leo S. Kane and Karen L. Kane own Lot 12, Block 16, Alamogordo Estates. They plan to have a "breezeway" constructed on the south side (back) that will connect the house and the garage. The property, 1722 Monte Vista Corte, is zoned "A" (Single Family Dwelling) District. The 1971 Master Plan designates this property to be developed as low density residential. A rear yard of twenty feet (20') is required. The proposed breezeway (14 feet wide by 16 feet) will connect the house and the free standing garage, which is located in the back yard. The breezeway will provide a protective cover for a hot tub. As a result of the connection, the rear yard setback for the "main structure" becomes one foot (1') rather than the twenty feet (20') required by Code for the depth of this lot. Therefore a variance of nineteen feet (19’) has been requested. 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 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 August 19, 2001, in the Alamogordo Daily News, and twenty-nine (29) notices were mailed to property owners within the 200 foot legal protest area on August 15, 2001. No protests to the requested variance were received. As the new construction will not adversely impact adjacent properties by increasing the fire hazard and no protests have been received against the variance, approval can be supported with the condition that the "breezeway" connection never be enclosed.

Ms. Karen Kane was available to answer any questions. The Commission had no questions for the case. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF CASE V-01-0447(A) FOR THE VARIANCE WITH THE CONDITION THAT THE BREEZEWAY NEVER BE ENCLOSED." Commissioner Glahn seconded the motion. All voted "AYE", passing the motion by a vote of 5-0-0.

D. CASE: V-01-0448(A). PETITIONER: William M. Crabbe III and Beth R. Crabbe, owners. REQUEST: Approval of a variance of nine feet two inches (9'2") from Section 29-03-040, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing rear yard setbacks; which, if approved, would allow an addition to be built on the southeast corner of the house with a resulting setback of twelve feet seven inches (12'7") from the south property line, rather than the twenty-one feet nine inches (21'9") rear yard setback required by Code. TOTAL AREA: ±11,500 square feet. LOCATION: 3000 Del Sur. CURRENT LEGAL: Lot 87, Granada Hills. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that William M. Crabbe III and Beth R. Crabbe own Lot 87, Granada Hills. They plan to have two (2) additional bedrooms and another bathroom constructed on the back of their home. The property, 3000 Del Sur, is zoned "A" (Single Family Dwelling) District. The 1971 Master Plan designates this property to be developed as low density residential. A rear yard of not less than 21.7 feet is required for the depth of this lot. The new addition is to be constructed with a rear yard setback of twelve feet seven inches. Therefore a variance of nine feet two inches (9'2) has been requested. 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 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 August 19, 2001, in the Alamogordo Daily News, and eighteen (18) notices were mailed to property owners within the 200 foot legal protest area on August 15, 2001. No protests to the requested variance were received. Staff recommends approval of the requested variance.

Mr. William Crabbe was available to speak for the request. Mr. Crabbe stated that he wanted to clarify that they are not adding two new bedrooms, they are just extending the current two bedrooms. The home will still be a three-bedroom house. No questions were necessary from the Commission. Commissioner Schwebke made a motion "TO RECOMMEND APPROVAL OF CASE V–01-0448(A) FOR THE VARIANCE". Commissioner Dardin seconded the motion. All voted "AYE", passing the motion by a vote of 5-0-0.

E. Close Public Hearing. Chairman Sanders declared the public hearing closed.

5. SUBDIVISIONS.

CASE: S-01-0722(A). PETITIONER: Patrick C. Morrow and Shelley L. Morrow, owners, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of the final plat of DESERT MOUNTAIN ESTATES, REPLAT A, for two (2) lots; 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 22-01-140(b)(1) relating to drainage plans; with private access, private wells, and septic tank systems; located outside the City of Alamogordo, but within its planning and platting jurisdiction. TOTAL AREA: ±4.150 acres. LOCATION: 24 Ocotillo Lane. CURRENT LEGAL: Lots 1 and 2, Desert Mountain Estates. CURRENT ZONE: No zoning, outside the City.

Ms. Few reported that Patrick C. Morrow and Shelley L. Morrow own Lots 1 and 2, Desert Mountain Estates. Re-allocation of the lot lines is proposed through a replat. The property has no zoning since it is located outside the City of Alamogordo. The 1971 Master Plan does not include this portion of the extra-territorial jurisdiction and, therefore, it contains no recommendation as to the development of the property. Through alleys, having a width of twenty feet (20') are required in each block. No alleys are provided with the subdivision. A variance to this requirement is needed. As the subdivision is located outside the City of Alamogordo, will be developed to Otero County standards, and was originally approved without alleys, approval of a variance on the installation of alleys is supported. A drainage report sealed by a professional engineer, registered in the State of New Mexico, which shall include calculations for existing (pre-developed) and developed conditions. Drainage facilities shall be designed for the 50 year, 24 hour storm event under developed conditions and evaluated for failure and/or property damage during the 100 year, 24 hour storm event. On-site ponding is permitted on lots over ten thousand square feet (10,000 sf) in size and the drainage area is confined to subject lot. If on-lot ponding is technically infeasible, drainage or ponding in a common retention/detention pond may be permitted. Design calculations shall be in accordance with the appropriate USDA/SCS method. The design, data and calculations certified by a registered engineer are required 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 public land is provided. A variance to the requirement for public land dedication will be needed. As the subdivision is located outside the City and the original plat was approved without public land dedication, it is not appropriate to require public land to be dedicated to the City. Approval of the variance is appropriate. Utility and street improvements are required to be provided in each new subdivision in accordance with the Technical Standards and the subdivider shall be required to enter into a contract with the City for the construction of such improvements. Utility and street improvements are required to be provided in each new subdivision in accordance with the Technical Standards and the subdivider shall be required to enter into a contract with the City for the construction of such improvements. Private wells, individual septic tank systems, and gravel streets are proposed for the subdivision. A variance from the requirements of the City's development standards is needed and supported. The level of improvements for the subdivision will comply with the County's standards. No Waiver of Protest Agreement has been prepared, as the property is located outside the City's utility extension area. 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. The plat will be considered by the Otero County Planning Commission. Staff recommends approval of the final plat of DESERT MOUNTAIN ESTATES, REPLAT A with the required variances (on alleys, on public land dedication, and on the construction of utilities and streets to City standards) with the submission of the drainage plan.

Mr. Patrick Morrow was available to speak for the request. Mr. Morrow stated all that is being requested is redrawing of the lines for the 4.1 acres of property. The house on the 2.6 acre part is up for sale, but he wants to keep the other lot to possibly build a house there later. Chairman Sanders asked if he was working on the drainage. Mr. Morrow answered yes; and Burke and Associates will have the drainage plans done before it is completed. Commissioner Schwebke made a motion "TO RECOMMEND APPROVAL OF CASE S-01-0722(A) WITH THE CONDITION THAT THE PLAT BE SUBMITTED BEFORE THE CITY COMMISSION MEETING ON SEPTEMBER 25, 2001." Commissioner Dardin seconded the motion. All voted "AYE", passing the motion by a vote of 5-0-0.

6. REPORTS.

A. City Planner.

(1) October Agenda. Ms. Few reported that there are four items on the October agenda so far.

(2) NMML/NMLZO Annual Meeting - September 19 & 20 in Carlsbad. Ms Few reminded the Commission that anyone who wants to go to the annual meeting will need to submit the application as soon as possible. The application was attached to the information packets. Also Ms. Few stated that if anyone needs to be sponsored, she has some funds available.

(3) NMSHTD/BPE Committee Meeting in Ruidoso. Ms. Few stated the meeting will be held on September 27, 2001. The meeting will start at 9:00 A.M. at the Village offices. It is open to the public and Planning Commissioners and Planners from the cities and counties from this area are encouraged to attend to address any issues or review plans, requirements, etc.

(4) Planners Bookstore. The national office of the American Planning Association has a clearinghouse of planning related books and articles. Ms. Few stated that she has a catalogue, which may be lent out for ordering books, manuals, etc. that the members of the Planning and Zoning Commission would like to have available.

(5) Other. – None.

B. CHAIRMAN - None.

C. COMMISSIONERS

(1) General. – Commissioner Schwebke stated that he will not be available until the first week in December as he will be out of town.

(2) Representative to County Planning Commission. – None

(3) Representative from HAFB. – None

7. PERSONS TO BE HEARD - None.

8. ADJOURNMENT - There being no further business to come before the Commission, Commissioner Dardin made a motion "TO ADJOURN". Seconded by Commissioner Martin. All voted "AYE", passing the motion by a vote of 5-0-0. The meeting adjourned at approximately 2:10 p.m.

Approved: October 3, 2001

/s/Ginna L. Sanders, Chairman

ATTEST:

/s/J. Gregory Garcia, Recording Secretary