01_MAY02

PLANNING AND ZONING COMMISSION

REGULAR MEETING

May 2, 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.

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: Mr. Carl W. Mantey, CEO, GCRMC; Mr. Al Hernandez; Mr. Klad Zimmerle, RLS, Agent.

 

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled May 2, 2001, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of three (3) items were to be considered, one (1) 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 May 22, 2001, to render final decisions.

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

3. MINUTES OF March 7TH AND APRIL 4TH REGULAR MEETINGS, AND APRIL 1ST AND APRIL 29TH INSPECTION TOURS, 2001. Commissioner Schwebke made a motion "TO APPROVE THE MINUTES, AS WRITTEN". Seconded by Commissioner Dardin. All voted "AYE", approving the motion by a vote of 4-0-0.

4. PUBLIC HEARING.

A. CASE: Z-01-0602(A). PETITIONER: Gerald Champion Regional Medical Center, owner, by Carl W. Mantey, CEO. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "D-2" (Neighborhood Business); which, if approved, would unify the property under one (1) zoning district and allow the property to be used for a modular office building. TOTAL AREA: ±8,236 square feet. LOCATION: 1112 E. Ninth Street. CURRENT LEGAL: Lot 7, Block 136 Alamo Blocks. CURRENT ZONE: District "D" (Neighborhood Business).

Ms. Few reported that Gerald Champion Regional Medical Center owns Lots 7 and 8, Block 136, Alamo Blocks, at Ninth and Filipino. The proposed rezoning will down-zone Lot 7, unify the property into one zone classification, allow the replatting of the property into one lot, and allow the placement of a modular medical office building. The property, 1112 E. Ninth Street, is zoned "D" (Business) District. The 1971 Master Plan designates this property to be developed as commercial. 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 April 15, 2001, in the Alamogordo Daily News, and twenty (20) notices were mailed to property owners within the 200 foot legal protest area on April 13, 2001. No protests to the requested rezoning have been received. Staff recommends approval of the rezoning to District "D-2" (Neighborhood Business).

Mr. Carl Mantey was available to speak for the request. Mr. Mantey stated that he would like to request approval from the Planning and Zoning Commission, as it will help complete their mission to serve the community by bringing a doctor specializing in Oncology. The location seems to be good at this time. No questions were necessary from the Commission. Commissioner Schwebke made a motion "TO RECOMMEND APPROVAL FOR THE REQUEST OF CASE Z-01-0602(A)" Commissioner Dardin seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

B. CLOSE PUBLIC HEARING. Chairman Sanders declared the public hearing closed.

5. SUBDIVISIONS.

A. CASE: S-01-703(A) was withdrawn from the agenda.

B. CASE: S-01-0704(A). PETITIONER: Westsource V, a joint venture, C. Michael Shyne, Manager, by Klad Zimmerle, R. L. S., agent. REQUEST: Approval of the preliminary and final plat of HIGHWAY 82 SUBDIVISION, for four (4) 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 public access, private wells, and septic tank systems; located outside the City of Alamogordo, but within its planning and platting jurisdiction. TOTAL AREA: 5.268 acres. LOCATION: U. S. Highway 82. CURRENT LEGAL: A tract of land in the Northeast quarter of Section 12, T16S, R9E, NMPM, described by metes and bounds as follows: Starting at the Northeast corner of said Section 12 and going South 89 degrees 48 minutes 40 seconds West along the North line of said Section 12 a distance of 101.35 feet to the North right-of-way line of U.S. Highway 82 and the place of beginning of the tract of land herein described; thence South 43 degrees 01 minute 59 seconds West along side right-of-way line a distance of 664.80 feet; thence North 46 degrees 58 minutes 01 seconds West a distance of 571.06 feet; thence North 12 degrees 59 minutes 59 seconds East a distance of 95.90 feet; thence North 89 degrees 48 minutes 40 seconds East a distance of 849.53 feet to the said place of beginning. CURRENT ZONE: No zoning, outside the City.

Ms. Few reported that Westsource V, a joint venture, owns property in Section 12, T16S, R9E, NMPM, which front on the North side of U.S. Highway 82. Division of the property into four (4) lots, each at least an acre is proposed. 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. A variance to the requirement of alleys is required. As the subdivision is located outside the City of Alamogordo and will be developed to Otero County standards, approval of this variance 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. As the subdivision is located outside the City, outside the City’s utility extension area, and all of the lots are at least one acre in size, a variance to the drainage report requirements is recommended. 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 has been requested by the developer. As the subdivision is located outside the City, it is not appropriate to require public land to be dedicated to the City. Approval of the variance is supported. 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. A variance from the requirements of the City's development standards has been requested. The lots each front on an existing highway, which is maintained by the State Highway and Transportation Department. The property is also 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 Otero County Planning Commission will consider the subdivision. Staff recommends approval of the preliminary and final plat of HIGHWAY 82 SUBDIVISION with variances (on alleys, on public land dedication, drainage report requirements, and on the construction of utilities and streets to City standards) is supported.

Mr. Klad Zimmerle was available to answer any questions. Mr. Zimmerle stated that the location is immediately East of and adjacent to Dan Bearden’s Body Shop. He said that they would have a single driveway serving two lots so there will only be two permits required and this will limit the access to US Highway 82 and congestion that this may cause. Commissioner Schwebke asked if a permit is necessary for the driveway. Mr. Zimmerle answered that any driveway constructed on a highway has to be permitted when it falls within the right-of-ways. Commissioner Schwebke asked if Mr. Shyne was going to donate some land for recreation. Mr. Zimmerle answered no, not at this time. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF CASE S-01-0704(A)". Commissioner Schwebke seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

6. MISCELLANEOUS.

A. CASE: A-01-0055(A). PETITIONER: The City of Alamogordo, John Price, Elwood L. Lowe and Margaret Lowe, owners. REQUEST: Approval of an ordinance consenting to the annexation of land in Sections 28 and 33, T16S, R10E, NMPM, contiguous to the boundaries of the City of Alamogordo. TOTAL AREA: ±12.127 acres. LOCATION: Ocotillo Drive at S. Scenic Drive. CURRENT LEGAL: A tract of land in the Southeast one-quarter Southwest one-quarter of Section 28 and the Northeast one-quarter Northwest one-quarter of Section 33, T16S, R10E, NMPM, described by metes and bounds as follows; Starting at the North one-quarter corner of said Section 33 and going South 89 degrees 53 minutes 01 seconds West along the North line of said Section 33 a distance of 880.71 feet to the place of beginning of the tract of land herein described; thence South 36 degrees 09 minutes 59 seconds East a distance of 870.77 feet; thence South 53 degrees 51 minutes 58 seconds West a distance of 624.93 feet; thence North 36 degrees 08 minutes 27 seconds West a distance of 664.83 feet; thence North 52 degrees 50 minutes 58 seconds East a distance of 300.19 feet; thence North 35 degrees 21 minutes 17 seconds West a distance of 334.79 feet; thence North 36 degrees 11 minutes 39 seconds West a distance of 98.44 feet; thence North 89 degrees 53 minutes 01 seconds East a distance of 263.74 feet; thence North 36 degrees 09 minutes 14 seconds West a distance of 59.39 feet; thence along the arc of a curve to the left whose central angle is 14 degrees 11 minutes 13 seconds and whose radius is 225.00 feet and whose chord bears North 67 degrees 28 minutes 00 seconds East an arc distance of 55.71 feet; thence North 60 degrees 22 minutes 23 seconds East a distance of 42.60 feet to the West right-of-way line of South Scenic Drive; thence along said right-of-way line along the arc of a curve to the left whose central angle is 01 degree 09 minutes 15 seconds and whose radius is 1588.14 feet and whose chord bears South 35 degrees 34 minutes 47 seconds East an arc distance of 31.99 feet; thence South 36 degrees 09 minutes 25 seconds East along said right-of-way line a distance of 29.32 feet; thence North 89 degrees 53 minutes 01 seconds East along said right-of way line a distance of 13.06 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling) upon annexation.

Ms. Few reported that The City of Alamogordo owns 11.207 acres in the Southeast one-quarter Southwest one-quarter of Section 28 and the Northeast one-quarter Northwest one-quarter of Section 33, T16S, R10E, NMPM, Otero County, New Mexico, which includes the Alamo Canyon Reservoir. John Price owns 0.840 acre in the Northeast Quarter of the Northwest Quarter (NE/4 NW/4) of Section 33, T16S, R10E, NMPM, Otero County, New Mexico, immediately north of the Alamo Canyon Reservoir. Elwood L. and Margaret Lowe own 0.08 acres in the Southeast quarter Southwest quarter of Section 28, T16S, R10E, NMPM, Otero County, New Mexico, at the intersection of Ocotillo and Scenic Drives. Together they have submitted a petition to the City, together with the plat, requesting annexation of the property into the corporate limits of the City of Alamogordo. The property, at Ocotillo and S. Scenic Drives, is currently un-zoned as there is no zoning outside the City limits. Pursuant to Section 2-07-040 and Section 29-01-030 of the Code of Ordinance of the City of Alamogordo, New Mexico, all territory is zoned District "A" (Single Family Dwelling District) upon annexation. Therefore, development of the acreage will be limited to one (1) single family dwelling unit per parcel (or another use allowed in District "A") until platting of the property and/or rezoning are approved by the City Commission. The 1971 Master Plan designates this property to be developed as low density residential. 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". Waiver of Protest Agreements have been drafted for the Price and Lowe properties as the level of improvements on Ocotillo Drive are below the standards. The installation of utility lines (water and sewer) in accordance with the "Technical Standards" is required. Waiver of Protest Agreements have been drafted for the Price and Lowe properties as there are no utility lines on Ocotillo or S. Scenic Drives. Although no additional development is planned at this time, the impact on drainage of development over and above one (1) single family use per lot can not be determined without receipt and review of a site development plan with hydraulic data. Staff recommends approval of the requested annexation for Case A-01-0055(A), 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, and with the execution of the Waivers of Protest Agreements.

Commissioner Schwebke asked if the road would be surveyed. Ms. few answered that the road has been surveyed several times and doesn’t know if the City of Alamogordo would be willing to survey it again. She also stated that the City owns the easement and the land for quite a ways south of the road. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF CASE A-01-0055(A)". Commissioner Schwebke seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

7. REPORTS.

A. City Planner.

(1) June Agenda – Ms. Few reported that there are some items for the June meeting and there may be more soon. Deadline for the agenda is May 7th, 2001.

(2) Member Appointment – Ms. Few announced that Mr. Jack Glahn has accepted appointment to the Planning Commission and should be joining us in June.

(3) Other – Ms. few stated that the budget hearings will be taking place in the Public Library the week of May 7th through May 11th.

B. CHAIRMAN – Chairman Sanders asked if there has been any progress in figuring out the status of the salvage yards.

C. COMMISSION - None.

8. PERSONS TO BE HEARD - None.

9. 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 4-0-0. The meeting adjourned at approximately 1:48 p.m.

Approved: June 6, 2001

/s/ Ginna L. Sanders, Chairman

 

ATTEST:

/s/ J. Gregory Garcia, Recording Secretary