Feb 06, 2002Meeting

PLANNING AND ZONING COMMISSION

REGULAR MEETING

February 6, 2002

MEMBERS PRESENT:

Ms. Ginna L. Sanders, Chairman.

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

Mr. Preciliano J. Martín, Member.

Mr. Jack M. Glahn, Member.

Mr. Robert J. Jaramillo,-Officio Member.

MEMBERS ABSENT:

None.

STAFF PRESENT:

Ms. Sharon L. Few, City Planner.

Mr. J. Gregory Garcia, Recording Secretary.

OTHERS PRESENT:

Mr. Steven Fambrough; Ms. Sharon K. Weaver; Mr. John Fambrough; Mr. Klad Zimmerle, RLS, agent; Mr. Gary Lane; Mrs. Connie J. Lane; Mr. Tommy Messer; Mr. Mark Bolin.

1. CALL TO ORDER. Chairman Sanders called the regularly scheduled February 6, 2002, meeting to order at approximately 1:30 p.m. Chairman Sanders noted that a total of six (6) 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 February 26, 2002, to render final decisions.

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

3. MINUTES OF JANUARY 9TH REGULAR MEETING, AND FEBRUARY 3RD INSPECTION TOUR, 2002. Commissioner Dardin made a motion "TO APPROVE THE MINUTES, AS WRITTEN AND THE INSPECTION TOUR". Seconded by Commissioner Martin. All voted "AYE", approving the motion by a vote of 4-0-0.

4. PUBLIC HEARING.

A. CASE: Z-02-0606(A). PETITIONER: The Jerry L. Fambrough and Jeanne L. Fambrough Revocable Trust, owner, Steve Fambrough and Sharon Weaver, Co-trustees, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "D" (Business), or a more restrictive classification; which, if approved, would consolidate the zoning on the property into one classification and continue to allow the property to be used for business purposes, which would permit the sale of furniture and appliances. TOTAL AREA: ± 11.044 acres. LOCATION: 2000 U.S. Highway 54 South. CURRENT LEGAL: A tract of land in the Southeast one-quarter of Section 1, T17S, R9E, NMPM, described by metes and bounds as follows: Starting at the Southwest corner of said Southeast quarter and going North 89 degrees 18 minutes 19 seconds East along the South line of said Southeast quarter a distance of 628.34 feet; thence North 00 degrees 41 minutes 41 seconds West a distance of 13.94 feet to the place of beginning of the tract of land herein described; thence North 01 degrees 28 minutes 18 seconds East a distance of 653.80 feet; thence North 04 degrees 05 minutes 46 seconds West a distance of 758.98 feet; thence North 86 degrees 10 minutes 22 seconds East a distance of 329.78 feet to the West right-of-way line of U.S. Highway 54 South; thence South 04 degrees 05 minutes 46 seconds East along said right-of-way line a distance of 759.57 feet; thence along said right-of-way line along the arc of a curve to the right whose central angle is 06 degrees 42 minutes 26 seconds and whose radius is 5733.18 feet an arc distance of 671.15 feet; thence South 89 degrees 18 minutes 19 seconds West a distance of 354.59 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling), District "D" (Business) and District "G" (Trailer).

Ms. Few reported that the Jerry L. Fambrough and Jeanne L. Fambrough Revocable Trust, Steve Fambrough and Sharon Weaver, Co-trustees, owns approximately eleven (11) acres in Section 1, T17S, R9E, NMPM. Through Klad Zimmerle, R.L.S., agent, rezoning of the property to consolidate the land under one zone classification is requested. The property includes the current location of Sun City Furniture. The property, 2200 U.S. Highway 54 South, is zoned District "A" (Single Family Dwelling), District "D" (Business) and District "G" (Trailer). The 1971 Master Plan designates this property to be developed as light industrial. The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance. An Avigation Easement limiting vertical development has been drafted with the subdivision. The level of improvements abutting this property does not meet the city's standards. A waiver of protest agreement has been prepared with the subdivision. 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 January 21, 2002, in the Alamogordo Daily News, and six (6) notices were mailed to property owners within the 200 foot legal protest area on January 18, 2002. No protests to the requested rezoning were received. Staff recommends approval of the rezoning to District "D" (Business). The avigation easement and waiver of protest on these properties have all been executed with the replating.

Mr. Klad Zimmerle was available to speak for the petition. Mr. Zimmerle stated that the request is pretty simple. All that is being done is bringing the trailer park under one zoning. There were different zonings on it before and this would make the zoning consistent for the division of the estate. There are no major development plans at this point. Commissioner Martin asked where the trailer court is in relation to the furniture store. Mr. Zimmerle approached the commission to show Commissioner Martin exactly where the park is located. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF CASE Z-02-0606(A) FOR THE REZONING TO DISTRICT ‘D’ BUSINESS." Commissioner Martin seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

B. CASE: Z-02-0607(A). PETITIONER: The Jerry L. Fambrough and Jeanne L. Fambrough Revocable Trust, owner, Steve Fambrough and Sharon K. Weaver, Co-trustees, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "G-2" (Trailer Court); which, if approved, would consolidate the zoning on the property into one classification and continue to allow the property to be used for a mobile home park. TOTAL AREA: ± 19.414 acres. LOCATION: 450 Michel Street. CURRENT LEGAL: A tract of land in the South half of Section 1, T17S, R 9E, NMPM, described by metes and bounds as follows: Beginning at the center South one-sixteenth corner of said Section 1 and going North 00 degrees 21 minutes 55 seconds East along the North-South centerline of said Section 1 a distance of 57.63 feet; thence North 86 minutes 10 minutes 22 seconds East a distance of 583.12 feet; thence South 04 degrees 05 minutes 46 seconds East a distance of 758.98 feet; thence South 01 degrees 28 minutes 18 seconds West a distance of 95.42 feet; thence South 73 degrees 40 minutes 38 seconds West a distance of 202.78 feet; thence North 82 degrees 53 minutes 52 seconds West a distance of 232.72 feet; thence South 76 degrees 49 minutes 42 seconds West a distance of 582.00 feet; thence North 00 degrees 31 minutes 18 seconds East a distance of 912.48 feet; thence North 89 degrees 18 minutes 07 seconds East a distance of 350.00 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling), District "D" (Business) and District "G (Trailer).

Ms. Few reported that The Jerry L. Fambrough and Jeanne L. Fambrough Revocable Trust, Steve Fambrough and Sharon Weaver, Co-trustees, owns approximately nineteen (19) acres in Section 1, T17S, R9E, NMPM. Through Klad Zimmerle, R.L.S., agent, rezoning of the property to consolidate the land under one zone classification is requested. The property includes part of Sun City Court. The property, 450 Michel Street, is zoned District "A" (Single Family Dwelling), District "D" (Business) and District "G" (Trailer). The 1971 Master Plan designates this property to be developed as light industrial. The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance. An Avigation Easement limiting vertical development has been drafted with the subdivision. The level of improvements abutting this property does not meet the city's standards. A waiver of protest agreement has been prepared with the subdivision. As no engineered development plan has been approved for the trailer court, an engineered development plan must be submitted to the City and approved prior to the placement of additional manufactured housing units within the park/court. A City development/blocking permit must be obtained prior to the replacement of any existing unit or placement of any additional unit after approval of the required development plan. 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 January 21, 2002, in the Alamogordo Daily News, and three (3) notices were mailed to property owners within the 200 foot legal protest area on January 18, 2002. No protests to the requested rezoning were received. Approval of the rezoning to District "G-2" (Trailer Court) is recommended. Ms. Few also noted that as the park does not have an improved master plan, the addition of any units would require an approved master park plan. Also, the addition of any more units to the park or the replacement of any of the existing units will require blocking permits issued by the City of Alamogordo.

Mr. Zimmerle was available for questions on the petition. No questions were necessary from the commission. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL FOR THE REZONING TO DISTRICT ‘G-2 (TRAILER COURT) AS RECOMMENDED BY STAFF." Commissioner Glahn seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

C. CASE: Z-02-0608(A). PETITIONER: The Jerry L. Fambrough and Jeanne L. Fambrough Revocable Trust, owner, Steve Fambrough and Sharon K. Weaver, Co-trustees, by Klad Zimmerle, R.L.S., agent. REQUEST: Approval of an ordinance to amend the official zoning map of the City of Alamogordo and change the zoning to District "G" (Trailer); would consolidate the zoning on the property into one classification and allow the property to be developed and used for single family dwelling, either site constructed or manufactured. TOTAL AREA: ± 41.880 acres. LOCATION: 600 Municipal Avenue. CURRENT LEGAL: A tract of land in the South half of Section 1, T17S, R9E, NMPM, described by metes and bounds as follows: Beginning at the South one-quarter corner of said Section 1 and going South 89 degrees 16 minutes 16 seconds West along the South line of said Section 1 a distance of 1344.10 feet; thence North 00 degrees 31 minutes 18 seconds East a distance of 1336.46 feet; thence North 89 degrees 18 minutes 07 seconds East a distance of 990.44 feet; thence South 00 degrees 31 minutes 18 seconds West a distance of 912.48 feet; thence North 76 degrees 49 minutes 42 seconds East a distance of 582.00 feet; thence South 82 degrees 53 minutes 52 seconds East a distance of 232.72 feet; thence North 73 degrees 40 minutes 38 seconds East a distance of 202.78 feet; thence South 01 degrees 28 minutes 18 seconds West a distance of 558.38 feet; thence South 00 degrees 41 minutes 41 seconds East a distance of 13.94 feet; thence South 89 degrees 18 minutes 19 seconds West a distance of 628.34 feet to the said place of beginning. CURRENT ZONE: District "G-2" (Trailer Court) and District "A" (Single Family Dwelling).

Ms. Few reported that the Jerry L. Fambrough and Jeanne L. Fambrough Revocable Trust, Steve Fambrough and Sharon Weaver, Co-trustees, owns approximately forty-two (42) acres in Section 1, T17S, R9E, NMPM. Through Klad Zimmerle, R.L.S., agent, rezoning of the property to consolidate the land under one zone classification and allow future single family development is requested. The property, 600 Municipal Avenue, is zoned District "A" (Single Family Dwelling), and District "G-2" (Trailer Court). Rezoning the property, as requested, to "G" will create "spot" zoning within the immediate area. However, it will unify the property under one zone classification and only open the area to one additional use of single family manufactured housing units. 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 has been drafted with the subdivision. The level of improvements abutting this property does not meet the city's standards. A waiver of protest agreement has been prepared with the subdivision. 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 January 21, 2002, in the Alamogordo Daily News, and nine (9) notices were mailed to property owners within the 200 foot legal protest area on January 18, 2002. No protests to the requested rezoning were received. Approval of the rezoning to District "G" (Trailer) is recommended, as it will conform to the master plan.

Mr. Klad Zimmerle was available for questions on the petition. Commissioner Glahn asked if the lots will be for single family dwellings. Mr. Zimmerle answered yes, for either site built modular or manufactured (mobile). He went on to explain that it would be similar to Desert Villa Estates where you may put a manufactured or site built home on the lot. Commissioner Glahn also asked how many homes would the 42 acres accommodate. Mr. Zimmerle answered that at present there are no plans to develop this into a subdivision. The lot sizes would be the determining factor if they do decide to develop it, however, that would need to be brought before the Planning and Zoning Commission at that time. Commissioner Dardin made a motion "TO RECOMMENDED APPROVAL FOR CASE Z-02-0608(A) AS RECOMMENDED BY STAFF." Commissioner Glahn seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

D. CASE: V-02-0454(A). PETITIONER: Sedona Development, Inc., owner, by Gary L. Lane, Secretary Treasurer. REQUEST: Approval of a variance of five feet (5') from Section 29-03-020, of the Code of Ordinances of the City of Alamogordo, New Mexico, governing front yard setbacks; which, if approved, would allow the subdivision to be developed with twenty-foot (20') front yards, rather than the twenty-five foot (25') front yard required by Code. TOTAL AREA: ±19.299 acres. LOCATION: Oakmont Drive (extended east) at South Florida Avenue (extended south). CURRENT LEGAL: A tract of land in the North one-half of Section 6, T17S, R10E, NMPM, described by metes and bounds as follows: Beginning at the Southwest corner of the Southwest quarter Northeast quarter and going North 00 degrees 02 minutes 50 seconds West along the West line of said Southwest quarter Northeast quarter a distance of 997.98 feet; thence along the arc of a curve to the right whose central angle is 05 degrees 58 minutes 06 seconds and whose radius is 325.00 feet and whose chord bears North 53 degrees 49 minutes 48 seconds East an arc distance of 33.85 feet; thence along the arc of a curve to the left whose central angle is 14 degrees 32 minutes 41 seconds and whose radius is 239.08 feet and whose chord bears North 49 degrees 32 minutes 30 seconds East an arc distance of 60.69 feet; thence North 47 degrees 43 minutes 51 seconds West a distance of 50.00 feet; thence North 32 degrees 53 minutes 22 seconds West a distance of 197.73 feet; thence North 30 degrees 02 minutes 08 seconds East a distance of 141.22 feet; thence South 00 degrees 02 minutes 50 seconds East a distance of 58.98 feet; thence South 89 degrees 41 minutes 15 seconds East a distance of 627.75 feet; thence South 02 degrees 10 minutes 30 seconds East a distance of 195.58 feet; thence South 00 degrees 02 minutes 50 seconds East a distance of 1124.92 feet; thence North 89 degrees 40 minutes 30 seconds West a distance of 635.01 feet to the said place of beginning. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that Sedona Development, Inc. owns approximately nineteen (19) acres in Section 6, T17S, R10E, NMPM. A variance to the front yard setback requirements has been requested. The property is zoned "A" (Single Family Dwelling) District. The 1971 Master Plan designates this property to be developed as low density residential. A front yard of not less than twenty-five feet (25') is required. The developer plans a front yard setback of twenty feet (20') for all lots within the new subdivision Sedona Ridge Estates and has requested a variance of five feet (5’) to the front setback standards. Staff does not recommend approval of the variance as requested. With the length of many extended cab, long bed pickup trucks now approaching twenty feet (20') and given that many owners park in their driveways leaving several feet clearance between the vehicle and the garage, allowing only a setback of only twenty feet (20') would likely result in parked vehicles blocking the sidewalk (which is a Code violation). A blocked sidewalk forces pedestrians into the street, which creates an unsafe situation and is highly undesirable, especially in a new subdivision. A compromise agreeable to both the staff and the developer would permit a twenty foot (20') front setback for the "heated area" of the homes but require a twenty-five foot (25') front setback for garages. This arrangement would allow the developer to maximize use of the property, create visual interest with staggered front elevations, and provide a safer environment for residents of and visitors to the subdivision. 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 4-07, of the Code of Ordinances of the City of Alamogordo, New Mexico. An Avigation Easement limiting vertical development has been prepared. 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 January 21, 2002, in the Alamogordo Daily News, and thirty-two (32) notices were mailed to property owners within the 200 foot legal protest area on January 18, 2002. One protest to the requested variance was received which represents 0.71% of the 200 foot legal protest area. Staff recommends denial of the blanket five foot (5') front setback variance, but approval of a variance of five feet (5') for the front setback of the heated/living area of the single family homes (require a twenty-five foot (25') setback on garages/vehicle storage area).

Chairman Sanders asked if the overhang or eave of the house counts as the setback area. Ms. Few reported that the wall is what is always counted for measuring the setback. Commissioner Martin asked if the variance would address a carport in the front area. Chairman Sanders answered that there are no carports in that area to anyone knowledge. Mr. Gary Lane was available to answer any questions. Mr. Lane stated that currently, the front setback is twenty-five feet (25’) and that includes the front porch, but it’s all the vertical wall—it does not include the overhang on the house. The front porch has to set at a minimum of twenty-five feet (25’) from the property line in the front. What is being requested is the possibility of moving everything forward to a twenty-foot (20’) setback. It won’t affect anything other than the current minimum front-yard setback. The concern as far as the garage setting at a twenty-foot (20’) setback is understood, so what he and the other developers would like to stipulate is that the garage has to be at a twenty-five foot (25’) setback. Mr. Lane went on to say that they would also address the concern of going straight into the garage on the twenty-foot (20’) set back, however, on a side entrance garage there wouldn’t be a reason for concern. Mr. Lane had an illustration to show the Planning Commission just how it would look for either of the types of garage entrances. (A copy is attached at the end of the minutes.) Mr. Lane stated that the front cover of the illustration shows what they are trying to achieve on the typical situation for this area and having a house with a twenty-foot (20’) setback with a front entrance garage and the garage setting at a 25’ setback. On the second page, is an illustration of a house with the 20’ setback, but with a side-entrance type garage. This shows the distance left from the curb to the back of the driveway on a side entrance garage versus the distance left from the curb to the garage with a front entrance. Mr. Lane also added that there is a seven-foot (7’) distance from the curb to the property line. So, with that in mind, from the front of the house to the curb, there would be a total of twenty-seven feet (27’). Chairman Sanders asked if there was any problem with the staff recommendation of the twenty, and twenty-five foot setbacks. Mr. Lane answered no, however, what they would like to see improved is that all front entrance garages to have a twenty-five foot (25’) setback in variance to the twenty-five foot (25’) setback to the actual residence. This way there would be less confusion as to what is the heated area or get into the problem of figuring out whether or not to include the patio into the setback area. Commissioner Martin asked what the reasoning is for the twenty-five foot (25’) setback. Ms. Few answered that one of the primary reasons is the separation of the vehicle from the walkway so there can be off-street parking that won’t impinge on pedestrian traffic and that there is a sufficient depth. The other general reason for the front yard setback is separation of buildings. Commissioner Martin asked if the reason for wanting to move the setback up five feet is to create a larger back yard. Mr. Lane answered that it is one of the reasons, however, the most important is the city’s drainage problems and so the City of Alamogordo has enacted some new ordinances in the last few years that require some different things as far as drainage. One of the things that is available now is ponding the water. If ponding is done, there needs to be more clearance from the house and usually this is done in the rear yard. So the more they can maximize the rear yard by moving the houses forward, it allows for more room in the rear yard to pond water. Mr. Lane also mentioned a suggestion from his engineer that the this practice is fairly common in Las Cruces for a couple of reasons. First, land is getting more expensive and lots are getting smaller. Therefore, more and more people are using the twenty-foot (20’) setback rather than the twenty-five foot (25’) setback for home development. Second, the difference in setbacks for the garage and house gives better aesthetic quality to the subdivision because of the staggering effect. Commissioner Glahn asked if bringing up the setback by five feet would make that much difference as far as drainage concerns. Mr. Lane answered that every little bit helps when it comes to drainage. Typically there is about forty-five feet (45’) of rear yard to work with and you would need to keep as much cushion between any water retained on the lot and the foundation of the house. The typical pond may be twenty feet (20’) wide which would leave only a remaining ten to twelve feet of the pond is centered in the back yard, so the extra clearance in the front yard would give more cushion between the ponding and the house. Commissioner Glahn also asked if the drainage and utility easements are in place in the development for Sedona. Mr. Lane answered yes the interior streets of the subdivision will have a fifty-foot (50’) right-of-way. The street itself is only thirty-six feet (36’), from the outside of the curb on both sides, which leaves a remaining fourteen feet (14’), out of that right-of-way. Of this, seven feet on each side, which was referred to earlier, is an easement area from the property line to the curb. Generally, there are utilities in this easement area, such as water, telephone, sewer, etc. Commissioner Martin asked if staff has discussed the option of the side entrance garage with the subdivision developers. Mr. Lane stated that they have and are working on it "madly" trying to solve a lot of other problems for this subdivision. Mr. Lane stated that this part is actually one of the minor problems on this subdivision. Also, he stated that the Ms. Few has suggested her recommendation for this and there wouldn’t be a problem with that. However, there hasn’t been enough time to decipher what they wanted for the side-entrance garage, so there may have been a misunderstanding that they wanted to scoot all the garages back to the twenty-five foot (25’) setback. Mr. Lane wanted to make it clear that they did not want to have to do this for the side entrance garage; they want it limited to only the front-entrance garage type houses. Commissioner Glahn commented that Ms. Few had 30-32 different concerns or questions she listed for this item and asked they have been taken care of or answered by the Engineering Department of the City of Alamogordo. Ms. Few answered that on the variance itself, it only contained six comments, and none of them were really of great concern. The only remaining concerns, she stated, are whether or not the Planning Commission will recommend approval of a cart-blotch twenty-foot (20’) front setback, a setback for the heated living area of twenty-feet (20’), and twenty-five foot (25’) setback for all garages or a twenty foot (20’) setback for the heated living area and twenty-five feet (25’) for front entrance garages. She also stated that the subdivision part is very close to coming to an agreement—about 80%, however, staff will still be recommending that the subdivisions be continued until March. Commissioner Martin asked what staff recommends for the setback on side-entrance garages. Ms. Few stated that staff should not have a problem with the twenty-foot (20’) setback for side-entrance garage type houses. Chairman Sanders asked if there should be any changes with the verbiage as far as what is considered the measuring point. Ms. Few stated that she will keep that in mind when this item reaches the City Commission, however, because the setback measurement is always taken from the wall or support beam and never from the roofline or overhang; there’s no need to change anything. Commissioner Martin asked approximately how many lots would this subdivision be able to accommodate with the side-entrance type garages. Mr. Lane answered that there would be a significant amount. It would require a minimum of an eighty-five foot (85’) wide lot on most houses to accommodate the side entrance garage. He went on to say that the subdivision does contain some pie-shaped lots which will not be able to accommodate the side entrance garage, but the rectangular lots should generally be able to accommodate a house with a side entrance type garage. Ex-Officio, Jaramillo asked if the side entry garage would extend the house into more of the rear yard area. Mr. Lane answered that the configuration of the house only has to be changed from one side or the other to accommodate the garage, so it wouldn’t necessarily move the house further into the rear yard area. Commissioner Glahn asked if the variance is being looked at for the entire 48 lots, or just the first 17 lots. Ms. Few stated that the recommendation by the Commission would be for what was advertised—which is the entire 19 acres. Commissioner Dardin made a motion "TO RECOMMEND APPROVAL OF THE VARIANCE FOR THE TWENTY-FOOT (20’) SETBACK FOR THE LIVING AREA AND SIDE ENTRANCE TYPE GARAGES, AND A TWENTY-FIVE FOOT (25’) SETBACK FOR THE FRONT ENTRANCE TYPE GARAGES." Commissioner Martin seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

E. CLOSE PUBLIC HEARING. Chairman Sanders declared the Public Hearing closed.

5. SUBDIVISIONS.

A. CASE: S-02-0731(A). PETITIONER: Sedona Development, Inc., owner, by Gary L. Lane, Secretary-Treasurer, agent. REQUEST: Approval of the preliminary plat of SEDONA RIDGE ESTATES SUBDIVISION - MASTER PLAN, for forty-eight (48) lots; with variances on the construction and installation of alleys, on the construction and installation of South Florida Avenue, on the development of double frontage lots, on the length of a block, and on the dedication of public land, and; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±19.30 acres. LOCATION: Oakmont Drive (extended east) at South Florida Avenue (extended south). CURRENT LEGAL: A tract of land in the North one half of Section 6, T17S, R10E, N.M.P.M. of the U.S.G.L.O. surveys, Otero County, New Mexico, and being more particularly described as follows: Beginning at a set one half inch iron rod and Cap 8081 for the Southwest corner of this tract also being the center quarter corner of said Section 6, whence a found one half inch iron pipe for the East quarter corner of said Section 6 bears South 89 degrees 47 minutes 11 seconds East a distance of 2655.39 feet and a found chiseled stone for the South quarter corner bears South 00 degrees 08 minutes 20 seconds East a distance of 2635.77 feet; Thence North 00 degrees 08 minutes 20 seconds West a distance of 998.31 feet to the beginning of a curve marked by a found one half inch iron rod and cap 8334; Thence along a curve to the right that has a radius of 325.00 feet, a curve length of 33.79 feet, a central angle of 5 degrees 57 minutes 25 seconds, a chord of North 53 degrees 51 minutes 20 seconds East a distance of 33.77 feet to a point of reverse curvature marked by a found one half inch iron rod and cap 8334; Thence along a curve to the left that has a radius of 239.08 feet, a curve length of 60.69 feet, a central angle of 14 degrees 32 minutes 40 seconds, a chord of North 49 degrees 24 minutes 29 seconds East a distance of 60.53 feet to the end of this curve marked by a set one half inch iron rod and cap 8081; Thence North 47 degrees 51 minutes 52 seconds West a distance of 50.00 feet to an angle point of this tract marked by a set one half inch iron rod and cap 8081; Thence North 32 degrees 58 minutes 15 seconds West a distance 197.72 feet to an angle point of this tract marked by a found one half inch iron rod and cap 8334; Thence North 29 degrees 56 minutes 07 seconds East a distance of 141.22 feet to an angle point of this tract marked by a set one half inch iron rod and cap 8081; Thence South 00 degrees 08 minutes 51 seconds East a distance of 58.98 feet to an angle point of this tract marked by a set one half inch iron rod and cap 8081; Thence South 89 degrees 47 minutes 16 seconds East a distance of 627.75 feet to the Northeast corner of this tract marked by a set one half inch iron rod and cap 8081; Thence South 02 degrees 15 minutes 43 seconds East a distance of 195.60 feet to an angle point of this tract marked by a set one half inch iron rod and cap 8081; Thence South 00 degrees 08 minutes 03 seconds East a distance of 1125.03 feet to the Southeast corner of this tract marked by a found one half inch iron rod and cap 8334; Thence North 89 degrees 47 minutes 11 seconds West a distance of 634.86 feet to the point of beginning. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that Sedona Development, Inc. owns approximately 19 acres in Section 6, T17S, R10E, NMPM. Approval of the preliminary plat of the subdivision master plan to divide the property into forty-nine (49) lots within the City of Alamogordo has been requested. The property is zoned "A" (Single Family Dwelling) District. The 1971 Master Plan designates this property to be developed as low density residential. The preliminary plat includes signature blocks for final plat approval. These signature blocks are not appropriate and must be removed from the documents. No ties are shown on the preliminary plat to Cap 8081. The plat must be amended to show the bearings and distances that tie Cap 8081 to the point of beginning of the subdivision. The point of beginning (POB) of the subdivision must be noted. The plat must be corrected to show the POB. The metes and bounds description of the property on the preliminary plans appears to contain discrepancies from the plat. The legal description of the property is to be corrected, as needed. Data was not provided for referenced curves (C) and bearings (L). The complete tables for both referenced curves and bearing are required on the plat. The name of the subdivision must be the same on all documents. The plat and all accompanying exhibits must be corrected to show the name "Sedona Ridge Estates Subdivision", as noted on the developer's application. The plat dedication includes several incorrect references to "Cottonwood Heights Unit 4 Replat C". These references must be corrected with the appropriate subdivision name. The "General Notes" on the plat should be amended to add "(Single Story)" to the reference of a five foot (5') side building setback. Streets on and adjacent to the tract are required on the plat, together with the right-of-way widths, names, etc. The preliminary plat must be corrected to provide the required information on all streets including Florida Avenue (eighty foot (80') right-of-way width). Utilities on and adjacent to the tract are required on the plat, together with the location, size and invert elevation of sanitary, storm and combined sewers, location and size of water mains, location of gas lines, fire hydrants, electric and telephone poles, and street lights. The preliminary plat must be corrected to show all of the required utility information. Other conditions on the tract, to include water course, rock out-cop, etc. are required on the plat. Notation and representation of such conditions (arroyos, etc.) must be shown on the plat. Zoning on and adjacent to the tract is required to be on the plat. The preliminary plat must be corrected to provide the required information on all zoning. Profiles showing existing ground surface and proposed street grades, including extension beyond the limits of the subdivision, typical cross sections of the proposed grading roadway and sidewalk, and preliminary plan of proposed sanitary and storm water sewers, sewers with grades and sizes indicated are required to accompany the preliminary plat. Documentation of the proposed and existing improvements is required to be provided with the plat. Minimum building setback lines (front and street side yard) are required to be shown on the plat. The approved setbacks need to be shown on the plans. A variance application is in process. The arrangement of streets shall conform to the master plan. Florida Avenue is a recognized arterial, which requires an eighty-foot (80') right-of-way. The full width of the street must be shown on the plat and dedication of that width will be required at the time that the first phase of this subdivision is filed, from the southern boundary of Sedona Ridge Estates Subdivision north to connect with Desert Hills East Subdivision. A schedule for development of the full width and length of the right-of-way will be established prior to approval of any final plat for this subdivision. No street names shall be used which will duplicate or be confused with the names of existing streets. Street names shall be subject to the approval of the planning commission. Staff noted problems with some of the proposed street names, as follows: Birdie Court-- duplicate in Desert Hills Subdivision. The name listed above can not be approved. A new street name must be submitted for consideration. Through alleys having a width of at least twenty feet (20') are required. A variance to the requirement for alleys has been requested and the City on recent subdivisions has approved similar variances. Easements on side lot lines required for utilities, must be shown on the plat. Block length shall not exceed one thousand eight hundred feet in length. Dedication of a street to the south is required on Birdie Loop to also comply with ISO development standards. Development of such right-of-way will be deferred at this time. Double frontage lots should be avoided except where essential to overcome specific disadvantages of orientation. A variance from the prohibition on double frontage lots was requested. As access onto Florida Avenue from driveways is not allowed, approval of the variance is supported for the lot at the northwest corner of Oakmont Drive and Florida Avenue, Lots 10 through 15 of Block B and Lots 6 through 10 of Block C. Disclosure of this restriction will be required on all plats and deed restrictions issued on those lots. It is strongly recommended that the lots within the subdivision be continuously numbered from 1 though 49 and that reference to block numbers be eliminated. 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. Approximately 0.80 acre will be due the City for dedication. A variance to the public land dedication requirement has been requested on the application. It is recommended that a variance not be granted. Staff has meet with the developer and several options have been identified (from possible land exchanges to off-site dedication). The City is carefully examining this issue. In the opinion of the Engineering Department, retaining walls at lot lines should be constructed by the subdivision developer rather than by individual homebuilders. Plat notations must be amended to reflect this requirement. All water and sewer lines and service line connections need to comply with the City's Technical Standards. The sanitary sewer should be stubbed to east (e.g. between Lots 11 and 12 or Lots 12 and 13 to Florida Avenue) and an easement dedicated. The plat and the plans and profiles must be corrected to show this addition. The preliminary plans should be amended to show phasing and that it is referenced uniformly on all accessory documents. These are required on corrected plans. No sign-off sheet was provided to indicate that the proposed utility locations, easement widths, etc., are satisfactory to the various utility companies providing service within the City of Alamogordo. A signed utility plan is to be required. When alleys are not provided within a subdivision, utility easements are to be provided at the front of a lot, adjacent to the public right-of-way to assure that there is sufficient room for all of the utility companies to serve the subdivision. Five-foot (5') utility easements adjacent to the right-of-way at the front lot line are required on the plans. The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance. An Avigation Easement limiting vertical development was developed with the variance application. A drainage report is required. The proposed plan does not appear to provide for the historical storm water flows that run across the property. It is recommended that the lot layout be revised to reflect the existing drainage channels. The developer requested ornamental streetlights within the subdivision. Ornamental lights are not recommended and all lighting must comply with the City's Lighting Ordinance. As the amount of work needed on the subdivision and the number of issues unresolved between the City and the developer is so extensive, continuation of consideration of the preliminary plat of SEDONA RIDGE ESTATES SUBDIVISION until March is recommended.

Ms. Few stated that neither staff nor the developer, or their agent have been anything less than diligent in trying to get the problems on the subdivision resolved. She also noted that if the Planning Commission concurs with the recommendation of staff, the subdivisions would be brought before the City Commission for consideration the first meeting in March, rather than the second meeting in March—which was already built into the timetable. Chairman Sanders wanted to clarify that if a continuance is recommended, the developer will not incur any more costs for this case. Mr. Lane was available for questions on the petition. Chairman Sanders asked Mr. Lane if he and the other developers would have a problem with the continuance. Mr. Lane answered that they were happy with the recommendation. Commissioner Martin asked if the road is accessible for further review before the next meeting. Mr. Lane answered yes, but it’s advised that you either use a four-wheel drive vehicle or walk because of the mud in the area. Commissioner Dardin made a motion "TO RECOMMEND CONTINUANCE OF THIS CASE UNTIL THE MARCH PLANNING AND ZONING COMMISSION MEETING." Commissioner Glahn seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

B. CASE: S-02-0732(A). PETITIONER: Sedona Development, Inc., owner, by Gary L. Lane, Secretary-Treasurer, agent. REQUEST: Approval of the final plat of SEDONA RIDGE ESTATES SUBDIVISION, PHASE 1, for seventeen (17) lots; with variances on the construction and installation of alleys, on the construction and installation of South Florida Avenue, on the development of double frontage lots, on the length of a block, and on the dedication of public land, and; with all utilities, paved streets and public access; located within the City of Alamogordo. TOTAL AREA: ±6.01 acres. LOCATION: Birdie Loop (extended east). CURRENT LEGAL: A tract of land in the North one half of Section 6, T17S, R10E, N.M.P.M. of the U.S.G.L.O. surveys, Otero County, New Mexico, and being more particularly described as follows: Beginning at a set one half inch iron rod and cap 8081 for the Southwest corner of this tract also being the center quarter corner of said Section 6, whence a found 3/4" iron pipe, for the East quarter corner of said Section 6 bears South 89 degrees 47 minutes 11 seconds East a distance of 2655.39 feet and a found chiseled stone for the South quarter corner bears South 00 degrees 08 minutes 20 seconds East a distance of 2635.77 feet; Thence North 00 degrees 08 minutes 20 seconds West a distance of 290.00 feet to an angle point of this tract marked by a set one half inch iron rod and cap 8081; Thence South 89 degrees 47 minutes 11 seconds East a distance of 255.74 feet to an angle point of this tract marked by a set one half inch iron rod and cap 8081; Thence North 33 degrees 42 minutes 55 seconds East a distance of 128.51 feet to an angle point of this tract marked by a set one half inch iron rod and cap 8081; Thence North 55 degrees 34 minutes 55 seconds East a distance of 100.00 feet to an angle point of this tract marked by a found one half inch iron rod and cap 8334; Thence North 34 degrees 25 minutes 05 seconds West a distance of 29.48 feet to an angle point of this tract marked by a set one half inch iron rod and cap 8081; Thence North 55 degrees 34 minutes 55 seconds East a distance of 292.33 feet to the Northeast corner of this tract marked by a set one half inch iron rod and cap 8081; Thence South 00 degrees 08 minutes 03 seconds East a distance of 644.38 feet to the Southeast corner of this tract marked by a found one half inch iron rod and cap 8334; Thence North 89 degrees 47 minutes 11 seconds West a distance of 634.86 feet to the point of beginning. CURRENT ZONE: District "A" (Single Family Dwelling).

Ms. Few reported that Sedona Development, Inc. owns approximately 19 acres in Section 6, T17S, R10E, NMPM. Approval of the final plat of the first phase of development for six acres to divide the property into seventeen (17) lots within the City of Alamogordo has been requested. The property is zoned "A" (Single Family Dwelling) District. The 1971 Master Plan designates this property to be developed as low density residential. No ties are shown on the plat to Cap 8081. The plat must be amended to show the bearings and distances that tie Cap 8081 to the point of beginning of the subdivision. The point of beginning (POB) of the subdivision must be noted. The plat must be corrected to show the POB. The metes and bounds description of the property on the preliminary plans appears to contain discrepancies from the plat. The legal description of the property is to be corrected, as needed. Data was not provided for referenced curves (C) and bearings (L). The complete tables for both referenced curves and bearing are required on the plat. The name of the subdivision must be the same on all documents. The plat and all accompanying exhibits must be corrected to show the name "Sedona Ridge Estates Subdivision, Phase 1", as noted on the developer's application. The plat dedication includes several incorrect references to "Cottonwood Heights Unit 4 Replat C". These references must be corrected with the appropriate subdivision name. The "General Notes" on the plat should be amended to add "(Single Story)" to the reference of a five foot (5') side building setback. The names of record owners of adjoining unplatted land are required to be shown. The names of record of owners of adjoining unplatted must be shown on the plat. Reference to recorded subdivision plats of adjoining platted land by record name, date and number is required. The plat must be corrected to show the required information on adjacent subdivisions. Addresses for each lot are required on the plat. Addresses for each lot will be provided to the consulting engineer under separate cover after a corrected plat is provided to the City and such addresses will be required on the plat prior to filing. Streets on and adjacent to the tract are required on the plat, together with the right-of-way widths, names, etc. The plat must be corrected to provide the required information on all streets including Florida Avenue (eighty-foot (80') right-of-way width). Minimum building setback lines (front and street side yard) are required to be shown on the plat. The approved setbacks need to be shown on the plans. A variance application is in process. The arrangement of streets shall conform to the master plan. Florida Avenue is a recognized arterial, which requires an eighty-foot (80') right-of-way. The full width of the street must be shown on the plat and dedication of that width will be required at the time that the first phase of this subdivision is filed, from the southern boundary of Sedona Ridge Estates Subdivision north to connect with Desert Hills East Subdivision. A schedule for development of the full width and length of the right-of-way will be established prior to approval of any final plat for this subdivision. Through alleys having a width of at least twenty feet (20') are required. A variance to the requirement for alleys has been requested and the City on recent subdivisions has approved similar variances. Easements on side lot lines required for utilities, must be shown on the plat. Block length shall not exceed one thousand eight hundred feet in length. Dedication of a street to the south is required on Birdie Loop to also comply with ISO development standards. Development of such right-of-way will be deferred at this time. Double frontage lots should be avoided except where essential to overcome specific disadvantages of orientation. A variance from the prohibition on double frontage lots was requested. As access onto Florida Avenue from driveways is not allowed, approval of the variance is supported for Lots 10 through 15 of Block B. Disclosure of this restriction will be required on all plats and deed restrictions issued on those lots. It is strongly recommended that the lots within the subdivision be continuously numbered from 1 though 49 and that reference to block numbers be eliminated. 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. Approximately 0.25 acre will be due the City for dedication with this unit. A variance to the public land dedication requirement has been requested on the application. It is recommended that a variance not be granted. Staff has meet with the developer and several options have been identified (from possible land exchanges to off-site dedication). The City is carefully examining this issue. All water service line connections need to comply with the City's Technical Standards. When alleys are not provided within a subdivision, utility easements are to be provided at the front of a lot, adjacent to the public right-of-way to assure that there is sufficient room for all of the utility companies to serve the subdivision. Five-foot (5') utility easements adjacent to the right-of-way at the front lot line are required on the plans. The property is located within the jurisdiction of the Alamogordo Municipal Airport Hazards Zoning Ordinance. An Avigation Easement limiting vertical development was developed with the variance application. The proposed plan does not appear to provide for the historical storm water flows that run across the property. It is recommended that the lot layout be revised to reflect the existing drainage channels. The developer requested ornamental streetlights within the subdivision. Ornamental lights are not recommended and all lighting must comply with the City's Lighting Ordinance. All rough grading and shaping of lots to be in compliance with the adopted Building Code. In the opinion of the Engineering Department, retaining walls at lot lines should be constructed by the subdivision developer rather than by individual homebuilders. Plat notations must be amended to reflect this requirement. A temporary traffic barricade, built to Manual of Uniform Traffic Control Devices (MUTCD) standards, will be required at the north end of Birdie Loop. The installation of street improvements, in accordance with the "Technical Standards" is required. Design details are required to be submitted. The installation of utility lines (water and sewer), in accordance with the "Technical Standards" is required. Design details are required to be submitted. The sanitary sewer should be stubbed to east (e.g. between Lots 11 and 12 or Lots 12 and 13 to Florida Avenue) and an easement dedicated. The plat and the plans and profiles must be corrected to show this addition. 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. As the amount of work needed on the subdivision and the number of issues unresolved between the City and the developer is so extensive, continuation of consideration of the final plat of SEDONA RIDGE ESTATES SUBDIVISION, PHASE 1, until March is recommended.

Commissioner Dardin made a motion "TO RECOMMEND CONTINUANCE OF THIS CASE UNTIL THE MARCH PLANNING AND ZONING COMMISSION MEETING." Commissioner Glahn seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

6. REPORTS.

A. City Planner.

(1) March Agenda. Ms. Few stated that there will be seven items on the March agenda. There will be two zonings, a variance, an annexation, one ordinance, and the two subdivisions continued from this meeting. At the request of the Chairman, we are investigating the possibility of putting a cap on the number of cases that can be heard by the Planning Commission to consider. It was taken to the City Attorney to review; however, we have not received an answer on this matter yet.

(2) Election of Officers. Commissioner Dardin made a motion "TO RECOMMEND GINNA L SANDERS AS CHAIRMAN OF THE PLANNING AND ZONING COMMISSION." Commissioner Glahn seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0. Chairman Sanders accepted the reappointment.

Chairman Sanders made a motion "TO RECOMMEND PAULA J. DARDIN AS FIRST VICE CHAIRMAN." Commissioner Glahn seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

Chairman Sanders made a motion "TO RECOMMEND PRECILIANO J. MARTIN AND JACK M. GLAHN AS CO-SECOND VICE CHAIRMAN." Commissioner Dardin seconded the motion. All voted "AYE", passing the motion by a vote of 4-0-0.

(3) Seminar - Land Use Law Update in New Mexico. Ms. Few stated that there will be a land use law seminar in Albuquerque, NM on April 16, 2002 if anyone were to be interested in attending.

(4) Sidewalks. Ms. Few stated that Commissioner Glahn had requested a discussion item on sidewalks. However, because of all the cases, no handouts were put together for the meeting. Commissioner Glahn stated that was good because he wasn’t ready to talk about it yet either. It will be postponed until the April or May meeting.

(5) Other. Ms. Few wanted to wish everyone a happy Valentine’s Day.

B. Chairman. Chairman Sanders wished everyone a happy President’s Day.

C. Commissioners.—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 4-0-0. The meeting adjourned at approximately 2:23 p.m.

Approved: March 6, 2002

/s/ Ginna L. Sanders, Chairman

ATTEST:

/s/ J. Gregory Garcia, Recording Secretary