Rio Rancho Planning and Zoning Board Meeting - August 12, 2025

The Rio Rancho Planning and Zoning Board met on August 12, 2025, to consider six public hearing items, including variances, a preliminary plat extension, a final plat, a zone map amendment, and a site plan. The board also received staff updates on a code amendment process and monthly reports. All votes were recorded.

Consent Calendar

• The board unanimously approved the July 22, 2025 Planning and Zoning Board meeting minutes.

Public Comments & Testimony

• Item 5 (Variance – pergola): The applicants, Joseph and Teresa Damush, through their agent Marsh Carter, provided testimony. They stated they were unaware a permit was needed and that the pergola was 98% complete. They obtained 19 letters of support from neighbors. The applicant's wife, Teresa Damush, clarified that the signatures came from neighbors in all directions, including directly across and next door.
• Item 6 (Variance – fence): Applicant Ryan Cook testified the fence was built two years ago without knowledge of permits. He submitted a letter of support from his neighbor Joffrey and Debrie Camber. The neighbor's letter stated the fence does not block views or create safety risks and that forcing a height reduction would not benefit neighbors.
• Item 7 (Variance – roof pitch): Applicant Michael A. Omlor, through agent Emmanuel Silva, testified that the manufactured home factory cannot build a roof meeting the 2.5-inch pitch requirement. Silva added that rebuilding the roof would make the home unusable and fail state inspections.
• Item 10 (Zone Map Amendment): Louise Romero (9801 Green Ave, Albuquerque) stated her property was incorrectly included in the initial June 5 notice but was not listed in later notices; she acknowledged the error was corrected. Jonathan Margate (1826 Lindvel Lane, Walnut Creek, CA) asked if his lot (Block 23, Lot 33, Unit 21) was part of the application. Applicant Nicosia Schuttebower confirmed it was not included. Margate expressed appreciation for the clarification.

Staff Presentations, Reports & Comments

• Item 2: Michelle Costilla updated the board on proposed text amendments to Chapter 155 (Subdivisions) and the Development Process Manual. Two additional meetings had been held since the last update; the item is expected to return in October.
• Item 3: Monthly Building Activity Report for July 2025 was presented; no questions.
• Item 4: Monthly Summary Plat Report for July 2025 was presented; no questions.
• Additional Report: Brian Babiak (Planning and Zoning Manager) gave a training announcement for the New Mexico Municipal League Zoning official trainings on August 25 and September 4 (both at Brennaleo Town Hall).

Discussion Items

• Item 5 – Variance (pergola): Request by Joseph and Teresa Damush to allow a 160-square-foot pergola 5 feet from the rear property line (10 feet into the 15-foot R-2 rear setback). Staff recommended denial, citing self-imposed hardship (lack of permit). The board had postponed the item at the July 22 meeting pending neighbor letters. The applicant provided 19 letters of support from neighbors. Commissioner Gabaldon asked whether adjacent neighbors and the HOA were contacted; applicant stated he contacted the HOA by letter but received no response. The board discussed the neighbor support and the applicant's efforts. Motion to approve passed 4-1 (Vice Chair Gabaldon voted no).
• Item 6 – Variance (fence): Request by Ryan and Reoyne Cook to allow an existing 6-foot-high fence within the front setback (maximum allowed is 4 feet). Staff recommended denial, citing self-imposed hardship (no permit). The fence was built two years ago; the owner was cited after failing to obtain a permit. The neighbor's letter supported the variance. Applicant noted a judge had recommended seeking a variance. Motion to approve passed 5-0.
• Item 7 – Variance (roof pitch): Request by Michael A. Omlor to allow a roof pitch of 2 inches instead of the required 2.5 inches for a manufactured home. Staff recommended approval, finding that the inability to meet the pitch constituted legitimate hardship. The engineering division had already approved the building permit. Motion to approve passed 5-0.
• Item 8 – Preliminary Plat Extension: Request by Los Diamantes, LLC for a one-year extension (until August 12, 2026) for the Los Diamantes Phase III subdivision preliminary plat. Staff recommended approval. The developer stated infrastructure is nearing completion and a final plat is expected in October 2025. Motion to approve passed 5-0.
• Item 9 – Final Plat: Request by DR Horton for the Cleveland Estates, Phase 1 Final Plat (123 single-family lots on 25.6 acres). Staff recommended approval. The plat was amended in July 2025. A concurrent master plan amendment is pending before the governing body on August 28. Motion to approve passed 5-0.
• Item 10 – Zone Map Amendment: Request by Cielo Bonito, LLC to rezone approximately 52.94 acres from TZ (Transitional Zoning) to R-3 (Mixed Residential). The board had previously voted to recommend approval in June 2025, but the item was re-noticed due to errors. The applicant added five additional lots since the last hearing. Commissioner Gabaldon expressed concerns about checkerboard zoning and property owner rights. Applicant noted they are working to buy in more owners. Motion to recommend approval to the governing body passed 4-1 (Commissioner Hardesty voted no).
• Item 11 – Site Plan: Request by Emil Landeros for a 156-unit apartment complex at 1017 Rosarito Dr SE (5.99 acres, zoned SU for R-3 multifamily). This was a revival of a 2019 approval that had expired. The site plan features 16 buildings (three garage-only), 260 parking spaces (exceeding the required 253), 22 ADA spaces, 312 trees, 468 shrubs, and a 6-foot-4-inch buffer wall. Lighting is building-mounted to reduce glare. Staff recommended approval. Commissioner Gabaldon commented it is an excellent location for infill multifamily. Motion to recommend approval to the governing body passed 5-0.

Key Outcomes

• Item 5 (Variance – pergola): Approved 4-1.
• Item 6 (Variance – fence): Approved 5-0.
• Item 7 (Variance – roof pitch): Approved 5-0.
• Item 8 (Preliminary Plat Extension): Approved 5-0.
• Item 9 (Final Plat): Approved 5-0.
• Item 10 (Zone Map Amendment): Recommended to governing body for approval 4-1.
• Item 11 (Site Plan): Recommended to governing body for approval 5-0.
• The meeting adjourned after the public forum and member comments.