Rio Rancho planning board approves Tierra Del Oro lot split despite neighbors' drainage concerns

The Rio Rancho Planning and Zoning Board on Monday approved a combined preliminary and final plat that will create three lots and one tract from an existing parcel in Tierra Del Oro Phase 2 for TDO Development LLC, after residents raised concerns about grading and stormwater drainage.

Michelle Castilla, a planner with the city of Rio Rancho, told the board the proposal is being heard as a combined preliminary and final plat because required improvements are already in place, and staff recommended approval with findings and conditions. The subject property is at the northeast corner of Edinburgh Street NE and Cardiff Avenue NE and will be accessed from Camino Plaza Loop, she said.

Neighbors Jason Mara and Sylvia Almera spoke against the application, telling the board they believe the development and subsequent home construction have left their lots at or below the minimum grade required by city drainage rules and caused ongoing ponding and water intrusion. "We do not believe TDO Development LLC's application in its current form conforms to the subdivision requirements," Mara said, asking the board to postpone or deny the application until the drainage issues are resolved. Almera described the experience as "an absolute nightmare constructed of complacency, negligence, and blatant disregard for the city's grading and drainage requirements."

Developer Pierre Amistoy, identified himself as a developer with TDO Development, said the lots were built "per specs, per plans" and certified by on-site engineers. "All the lots were built per specs, per plans. They were all inspected, compacted, and verified and certified by engineers on-site," Amistoy said, and offered to help the affected homeowner by building a sealed wall along the property line.

Agent Tim Aldrich told commissioners the subdivision grading and drainage certifications were completed at the time of development and that lots would not have been sold otherwise. "Upon completion of the grading, there is always a drainage, grading and drainage certification performed by a licensed civil engineer," Aldrich said.

At least one commissioner voiced hesitation about approving the plat while the homeowners' concerns remain unresolved. "I find it challenging in good conscience to approve something ... based on these existing issues," Commissioner Lisa Hardesty said, urging the board to weigh the potential for compounding drainage problems.

Board discussion focused on whether the disputed lots are lower than adjacent lots, whether the issue stems from the home builder's work after lot sale, and potential remedies such as a sealed wall or a paved swale. The developer said some remedies depend on homeowners association approval for front-yard landscaping changes; the developer offered to construct a wall on his side of the lot to limit flow onto the neighbor's property.

After discussion the board moved to approve the plat. During roll call, the transcript records Commissioner Hardesty voting no; other named commissioners recorded their votes as yes and the chair announced the motion passed. The approval allows the applicant to proceed under the city's findings and conditions.

The board did not set a new hearing date on remedies for the drainage complaints; the proceedings leave unresolved whether the affected homeowner's proposed fixes will be implemented before homebuilding proceeds on the new lots.