Rio Rancho Planning and Zoning Board Meeting – April 22, 2025

The Planning and Zoning Board met on April 22, 2025, to consider a consent calendar, a preliminary plat extension, five variance requests, a master plan amendment, and a zone map amendment. The board heard public testimony on three items and voted on each item separately. Most motions passed unanimously, with one variance (Item 4) approved 4–1.

Consent Calendar

• Approved the April 8, 2025, Planning and Zoning Board meeting minutes without discussion.

Public Comments & Testimony

• Item 2 (Preliminary Plat Extension): The applicant (Jeannie Springer Knight of Community Sciences Corporation) spoke in support, stating the extension would allow time for a plat amendment and dedication of right-of-way.
• Item 4 (Variance – Patio Cover): Three residents spoke in opposition: Steven Scharf (HOA member) raised concerns about structural safety, water runoff, and lack of HOA approval; Robert Worley (HOA president) stated the structure violates master restrictions and asked the board to deny the variance; Kenneth Giuvetti (neighbor) noted potential wall instability and erosion from the encroachment. The applicant (Tim Hecker) responded that he was unaware of HOA requirements and had since applied for a building permit.
• Item 6 (Variance – Overhead Utilities): Jerry Woodruff (neighbor) asked for clarification about power pole placement. Staff and the applicant explained that only one additional pole is needed to bring power to the lot.
• Written public comments (Theresa Bernhardsen and Ramon Borrego) were submitted for Items 7 and 8 but no speakers appeared at the hearing.

Discussion Items

• Item 2 – Preliminary Plat Extension: Unser Pavilion West, Tract A

  • Staff recommended approval (third and final extension) to allow additional time for a plat amendment and right-of-way dedication. The applicant confirmed expectations of increased interest following the Market Street grand opening. Board approved unanimously.

• Item 3 – Variance to Side Setback (10 ft to 5 ft) for Accessory Structure at 4420 Bentgrass Meadows Drive NE

  • Staff recommended denial, noting no exceptional physical conditions. The applicant stated the tiered backyard made placement in the rear infeasible. Board questions confirmed the terrain and wall height (7 ft) relative to the shed (10 ft 4 in). Approved unanimously despite staff recommendation.

• Item 4 – Variance to Rear Setback (5 ft to 1.9 ft) for Patio Cover at 620 Superstition Drive SE

  • Staff recommended denial. Public speakers raised structural and HOA concerns. Board clarified that the variance only addresses the setback and does not override HOAs; a building permit would be required with inspections. Approved 4–1 (Commissioner Kofchur opposed).

• Item 5 – Variance to Lot Width (60 ft to 50 ft) for 101 9th Avenue NE

  • Staff recommended approval. Applicant noted the lot is antiquated (platted 1965) and not owned contiguously with others. No public comments. Approved unanimously.

• Item 6 – Variance to Overhead Utility Requirement for 101 9th Avenue NE

  • Staff recommended approval with condition that variance is valid until September 2028. Applicant explained a single overhead pole is needed because the adjacent road (Rainbow Boulevard) was paved within five years and cannot be cut. Public comment addressed. Approved unanimously.

• Item 7 – Master Plan Amendment: Lomas Encantadas (40.77‑acre expansion and updates)

  • Staff recommended approval and referral to the Governing Body. Applicant presented updated maps, drainage plans, and added open space. No public speakers. Board approved unanimously, recommending approval to the Governing Body.

• Item 8 – Zone Map Amendment: Lomas Encantadas (specific lots from R1 to R4)

  • Staff recommended approval. Applicant noted consistency with existing R4 zoning pattern. No public speakers. Board approved unanimously.

Key Outcomes

• Consent Calendar: Approved.
• Preliminary Plat Extension (Item 2): Approved unanimously.
• Variance – Side Setback (Item 3): Approved unanimously (staff had recommended denial).
• Variance – Rear Setback (Item 4): Approved 4–1 (Commissioner Kofchur dissenting; staff had recommended denial).
• Variance – Lot Width (Item 5): Approved unanimously.
• Variance – Overhead Utilities (Item 6): Approved unanimously (valid through September 2028).
• Master Plan Amendment (Item 7): Approved unanimously; recommendation forwarded to the Governing Body.
• Zone Map Amendment (Item 8): Approved unanimously; recommendation forwarded to the Governing Body.
• Public Forum: None registered.
• Meeting Adjourned.