Ann Bitter, our neighbor who has been monitoring developments of Joe Miller's Tierra Bello development on our behalf, asked me to remind the community about this afternoon's meeting of Mr. Miller and the County Commission (CDRC) this afternoon at 4pm. The location is the second floor of the County Administration Building at 102 Grant Avenue. Mr. Miller's project is last on the agenda, so probably won't come up until 5pm or so, although the agenda's order of business is subject to change. Ann's letter, which follows, summarizes the key issues.
President, Spur Ranch Road Association
From: Ann Bitter [mailto:firstname.lastname@example.org]
Sent: Tuesday, January 15, 2013 2:51 PM
To: email@example.com; Michael Montgomery; Beth Prothro; firstname.lastname@example.org; Sharon Peterson; Dee Hall; email@example.com; N35TR@yahoo.com; firstname.lastname@example.org
Subject: URGENT!!! Miller's Tierra Bello scheduled for CDRC this Thursday!
URGENT - JOE MILLER’S TIERRA BELLO DEVELOPMENT HAS BEEN APPROVED BY THE COUNTY, AND IS ON THE AGENDA FOR THE CDRC MEETING THIS THURSDAY, JANUARY 17, AT 4 PM.
Tierra Bello was put on the County Development review Committee (CDRC) agenda over the holidays. I asked the County and Miller’s representatives to table the application until the February meeting. The County says they have no grounds to table the hearing process, since Miller has met all code requirements. Miller says his application has been delayed long enough.
First, the good news: As you can see by reading the attached revised Tierra Bello covenants, some of our concerns have been addressed:
- No mobile,manufactured homes of any kind or size will be allowed
- No horses will be allowed
- the “standard” for homes will be based on Santa Fe, Territorial, Pueblo, or northern New Mexico style, and a stucco finish will be required.
However, some major concerns remain:
- The community has not had sufficient time to review and discuss the developer’s application. The Tierra Bello application was placed on the CDRC agenda over the holidays. Mr. Martinez did not offer to meet with residents until less than a week before the scheduled CDRC meeting. Case Manager Vicki Lucero was out of the office and was unable to return my calls until today, Tuesday January 15. The County’s computer system has been down for several days so specific information about the County’s recommendation for approval has not been available for review. Even if we had been able to review the County recommendations, we would not have been able to express our concerns in writing for inclusion in the CDRC packet because the computer system is down. I asked County staff and Miller’s representatives via email to table the application until February to give us time to meet with Mr. Miller and/or his representatives. I received no response to my request, until I was finally able to speak with Ms. Lucero by phone today, Tuesday, January 15. I never did receive a reply from Mr. Miller or his representatives. Everything about the timing and manner of this application goes against the County’s stated commitment to allow proper public discourse on such matters.
- The Tierra Bello Covenants (2.03) state that, “the developer shall serve as the Architectural Committee until ten (10) lots have been sold or leased to purchase.” The application for Phase 1 of Tierra Bello, is only for nine lots. Therefore it is likely that the developer would serve as the Architectural committee for several years, until Phase 1 is complete and Phase 2 has been approved by the County. This wording is not accidental. Given Mr. Miller’s reputation in the community, this does not bode well for those of us who wish to preserve our property values.
- The Covenants (2.07) state that, “...the Landowners may form a Landowners Association after ten (10) lots within Tierra Bello are sold, transferred, or leased.” “May” must be changed to “shall.” A landowners association should not be optional. What does “transferred” mean?
- The developer and future Tierra Bello homeowners must be required to pay their fair share of funding for all road maintenance. Spur Ranch Road and the interior roads of Tierra Colinas are private roads already being maintained through home and lot owners’ annual financial contributions; Avenida de Compadres will also need to be maintained through annual assessments, which should be reflected in the Tierra Bello covenants.
- The developer must be required to meet with the Spur Ranch Road Association. Individual homeowners must be bound by the covenants to contribute dues to the Spur Ranch Road Association. In addition, the Developer will be expected to contribute dues for the unsold lots, as is currently being done by Mary Ann Stickler, developer of Rancho San Lucas off of Spur Ranch Road.
- The developer must be required to meet with the board of the Tierra Colinas Homeowners Association. Individual homeowners in Tierra Bello must be bound by the covenants to contribute dues for the maintenance of interior roads in Tierra Colinas.
- Spur Ranch Road provides secondary access for Tierra Bello residents. Yet the plan calls for a “no left turn” sign at the intersection of Avenida de Compadres and Sunview Loop to discourage drivers from using Spur Ranch Road. This is disingenuous at best and is not an enforceable or realistic disincentive for residents to use Spur Ranch Road.
- Tierra Bello covenants do not require attached garages, as are required in the covenants of all developments surrounding Tierra Bello. The covenants should be changed to require attached garages. Detached storage sheds should not be permitted, which are inconsistent with aesthetic standards expressed in the covenants in Eldorado, Tierra Colinas and Rancho San Lucas.
It is likely that there are other issues that may be of concern to you and your neighbors. You will only learn about those issues if you attend this hearing, and hear the developer’s proposal firsthand.
This will be your last opportunity to express your concerns to the County and press the CDRC to make additional requirements of Mr. Miller, as outlined above. Please plan to join concerned neighbors at the CDRC meeting to make your feelings known! Please let others know who are not on this mailing list about the importance of participating in this meeting.
CDRC Meeting, Commission Chambers, 4 Pm, County Administration Bldg, 102 Grant Avenue