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Minutes for Planning Commission Meeting

June 23, 2004

P.O. Box 246 - Capitan, NM 88316 Phone: 505-354-2247 fax 505-354-2713

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MINUTES OF THE PLANNING COMMISSION MEETING - June 23,2004

The meeting was called to order by Peter Renich with the following members present: Mary Brothers and Michael O'Brien. Also present were Mayor Sederwall, Trustee Tippin, Riley Smith, Ed Davis, Connie Stone, Patsy Sanchez, Jack Johnson, Kathy Soliday, Kathy Casper, and Susan Burke.

Approval of Agenda: Motion by Mary to approve the Agenda as amended to show Readdressing State Hiway 46 for E91 1. Michael seconded. Motion carried.

Approval of Minutes from May 26, 2004: Motion by Mary to approve the minutes. Michael seconded. Motion carried.

Discussion/Action Ed Davis Hardship: Mr. Davis is currently raising a 15 year old grandson by himself and his daughter has moved to the area to assist him. He would like to have his daughter continue parking her RV next to his home. It is primarily being used as a bedroom and when it needs water they feel the tank from a garden hose which is then disconnected, they also dump the black water into his septic system as necessary - there is no permanent hookup. Mary made a motion that we approve the use of this RV on a temporary basis which will be reviewed annually. Michael seconded. Motion carried.

Discussion/Action Water Connections for Rental Cabins 3213 rd Street: Kathy Soliday stated that they currently have a home on two half lots and own an additional 4 lots which are empty. They would like to develop a small rental cabin business at this location on Third Street. They will purchase small cabins similar to those currently used on Paradise Canyon in Ruidoso and will purchase them three at a time - the units will be brand new. They will apply for a business license and will be paying Lodger's Tax. They would like to have a commercial water meter for all the cabins so they only have to pay one hookup fee and one water bill. Mary made a motion that we recommend approval of this business if the Water Advisory Board approves the use of a commercial water meter. Michael seconded. Motion carried.

Discussion/Action Readdressing State Hiway 246: Connie Stone and Patsy Sanchez presented the numbering problem on State Hiway 246 and requested our recommendation that it be implemented. They had a petition signed by the majority of the residents in that area stating that they understood the area is incorrectly addressed and agreed to it being renumbered as suggested. Mary made a motion that we approve this request and bring it to the trustees for their approval. Michael seconded. Motion carried.

Discussion/Action Mission Statement/Planning Ordinance, Building Permits, and Speed Limits: These items were tabled due to the absence of John Egert.

Discussion/Action Zoning Areas: Mary presented her ideas on what areas should be C-1 or lower and what areas should be ARI or AR2. It was decided that Mary would scan this information into her computer via Text Bridge and prepare a written statement explaining exactly where she is going with this. Tabled until August.

Discussion/Action Keep New Mexico Beautiful: Mary made a motion that we go no further with this because the benefits are not worth the cost and effort this program requires at this point in time. Michael seconded. Motion carried.

Discussion/Action Subdivision Ordinance: Items of concern were discussed. Mary will prepare this and give it to Planning members early next week so it can be finalized to be presented to the Trustees at the July meeting. Input from Trustee Tippin will also be included.

Discussion/Action Mary Brother's Memo to Trustees: Mary advised the members of her concerns about overcrowding of lots in Capitan and of her memo to the Trustees dated June 15, 2004. This item generated a lot of concerns including Judge Johnson's concern about safety to include fire safety and public safety with automobiles. Susan Burke was concerned about the look of the area and that it made it look like an old trailer park. Kathy Casper advised that she would be gutting these home, painting them, landscaping and providing parking within the yard for vehicles. She also advised that she would limit vehicle ownership to one vehicle and that there would be no animals allowed - these items will be reflected in leases she will prepare for tenants. Kathy Casper also advised that she has purchased other lots on 2nd Street and 4th Street that she will be doing the same thing with - she did advise that she would no longer buy older trailers but would get repo's that were 1993 or newer. It was decided that Mary would prepare a draft Resolution for the Trustees consideration requiring all matters like this be presented to Planning and then their recommendations given to the Trustees for their action rather than the Village Clerk making these decisions. Also, Mary will prepare a basic zoning ordinance to give to the Trustees for their consideration regarding setbacks and if there is time she will also prepare and outline of zoning plans for Capitan as visualized by the Planning Committee.

Old Business: Michael advised the Committee that he had researched old hardship water cases and cannot find information on them. The Committee will prepare a letter to be sent annually (if approved by the Attorney and Trustees) to current hardship cases to see if the hardship still exists.

New Business: Trustee Tippin advised the Committee of his findings regarding his survey sent to Village residents. Out of 88 surveys fourteen of them were concerned with zoning and wondered if zoning could include such items as property clean up, preservation of property values, control growth, cleanliness, etc. He will be sending another survey out to include such questions as:

•    Is there a need for zoning in the village?

•    If so what elements should it include?

•    What are concerns regarding land use and density?

•    How important are personal property rights and what do you consider personal property rights?

•    How much influence should the Village have regarding personal property rights?

Adjournment: Michael made a motion to adjourn, Mary seconded, motion carried. The next meeting will be on July 28, 2004 at 6:30 pm.

Recorded by Mary Brothers


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