September 28, 2010
Dear Volcano Cliffs Property Owner,
Our Annual Meeting is scheduled for November 13, 2010 at the Taylor Ranch Community Center from 9:15AM to 11:00AM. Our regular monthly meetings are also on the Second Saturday of each month at the Taylor Ranch Community Center at the same time.
Last year in October we were very fortunate to have a new Mayor and City Councilor for District 5 elected. Mayor R.J. Berry and Councilor Dan Lewis favor private property rights and have been supportive in resolving decade old issues for the Volcano Cliffs Subdivision.
You might recall that the Volcano Heights Sector Development Plan (VHSDP) was remanded to the City by Judge Valerie Huling December 18, 2008 because it was passed illegally. The City Planning Staff has been working with us to redo the plan. So far, they have been cooperative in developing a plan that is fair to property owners.
Elections are important to protecting private property rights. As a non-profit organization we are limited to sharing information about the candidates and election issues. As we are primarily interested in property rights we will only be addressing related issues in our sharing candidate information.
The next election is November 2 (absentee and early voting starts October 6) and there are two races that will have an impact on our private property rights.
New Mexico U.S. Congressional District 1 House of Representatives race:
Martin Heinrich is the incumbent U.S. Representative for the NM District 1 Congressional seat. Martin has not been a friend to Westside and Volcano Cliffs Property Owners. When he was on the City Council he opposed the completion of Paseo del Norte to serve the Westside. He supported multiple building moratoriums in Volcano Cliffs which in essence delayed the construction of Unser Blvd. Unser Blvd would already be built if not for these moratoriums. Martin voted for the illegally passed VHSDP which cost property owners and the City 100s of thousands of dollars.
Jon Barela is a successful business man and a candidate for the NM District 1 Congressional seat. Jon has been active in serving the greater Albuquerque community for many years. He believes that private property rights are a critical element of the success of the American economy. He will apply his conservative principles to defending private property, stopping wasteful spending in Washington and reversing development killing mandates.County Commissioner District 1
Michelle Lujan Grisham is a 12th generation native New Mexican who has received both an undergraduate degree and Juris Doctorate from the University of New Mexico.
Michelle is currently a small business owner of a consulting firm. She believes in balanced economic development with principals of good environmental stewardship. She will protect open space and the environment by incorporating smart design. She is endorsed by Councilor Debbie O’Malley who has consistently voted against Volcano Cliffs issues.
Simon Kubiak is an attorney and businessman who has a desire to see our community grow and prosper. Simon believes we need to create a business friendly environment that will bring new, high paying jobs to Bernalillo County. He will work to reduce regulations and government red-tape that stifles job growth and eliminate burdensome taxes that property owners and business owners face. Simon knows that we’re taxed enough. As County Commissioner, he will fight to lower property taxes so that Bernalillo County families can keep more of what they earn. His policies will encourage job growth and increased demand for new homes.
The Status of Progress Toward Development
As you may recall the Volcano Heights Sector Development Plan (VHSDP) placed zoning regulations on properties that caused our property to be devalued. In addition to exceptionally stringent restrictions defining how each lot could be used, it would have prevented some property owners from using up to 86% of their properties. There are several other requirements that would have contributed to the property being devalued and being uncompetitive in the market. Your property would not have had the same appeal as competing properties and would have been less attractive to buyers. There is evidence in multiple cases that buyers will not purchase properties with conservation easement and other restrictions like those in the VHSDP.
We sued the City and the court remanded the plan to the City in 2008 because it was passed illegally. Until the new administration took office not much was done to redo the plan. During the past 9 months the City Planning and some City Council staff have been working with the taxpaying property owners to correct many of the issues that assaulted private property rights while at the same time respecting the sensitive environment in which the Volcano Cliffs Subdivision resides.
The Volcano Cliffs Sector Development Plan (VCSDP) which was prepared with real input from the property owners has been submitted to the Environmental Planning Commission(EPC) and the first hearing was September 2. We made a good presentation at this hearing but there are those who are attempting to mislead the EPC regarding how well the new VCSDP respects the environment as compared to the VHSDP which was remanded by the court. The next hearing is scheduled for November 4. The EPC may decide to vote at this hearing or may decide to study the plan and vote at the hearing following the November hearing.
While the VCSDP is going through the approval process we are concurrently pursuing the first in a series of Special Assessment Districts. To be able to develop our property some funding mechanism will have to be used to provide infrastructure (roads, sewer, water, drainage, etc.). SADS are paid for by property owners over a 10 to 20 year period by payments every 6 months or in one lump sum. The annexation agreement with the City back in 1981 stipulated SADs as the means to fund infrastructure.
The City had convened a SAD Review Committee (SRC) in 2008 made up of many City departments to review and recommend a SAD to the City Administration. Wilson and Company had prepared a SAD feasibility plan and presented it to the SRC. At the most recent SRC meeting September 23, 2008 the SRC then reached a consensus that they could approve the SAD plan but they could not proceed until the legal issues were resolved. There have been some changes to the SAD plan and the SRC is being convened to review the changes and hopefully approve them within the next few months.
The Wilson Plan proposes a series of SADs that begin in the eastern part of Volcano Cliffs and proceed west over time. The SADs would be about 300 to 400 lots each and future SADs would proceed based on market absorption (how quickly lots are sold). Each SAD would be assessed in sequence, not all at the same time. We don’t want property owners to be assessed for infrastructure way in advance of when the market might be strong enough so properties are readily saleable. If the City would approve the first SAD it will take about 3to 4 years to be able to build the first house in the first SAD.
Electing a County Commissioner who respects private property rights is absolutely necessary to accomplishing development and mitigating the need for legal representation. Although the VC Subdivision is in the City, the Water Authority is controlled by a board that is made up of City Councilors and County Commissioners. Although we have an agreement with the Water Authority to provide water to the VC Subdivision it is important that board members continue to support development without unreasonable no growth perspectives.
If you have property that was being taken by the VHSDP, the fact the plan was thrown out and remanded to the City eliminates any taking cloud on your property. (There is some City effort to purchase more lots along the monument but so far we have prevented them from being designated in the VCSDP.) Those who were involved in the Inverse Condemnation suit or the Zoning suit and had their property identified as open space, park or right of way have been in discussions with the City about compensation for a temporary taking for the time the VHSDP was in effect. Those who were not in these suits are not being considered for such compensation. The City has agreed to a settlement for this temporary taking and has paid the plaintiffs in this suit.
The City has purchased the lots in the Unser Blvd. right-of-way. The new District 5 City Councilors, Dan Lewis, proposed $5 million funding for the completion of Unser. His proposal was approved by the City Council and the construction of Unser through Volcano Cliffs has begun. The completion of Unser by entities other than Volcano Cliffs property owners should have a positive impact on the cost of developing our property.
Your Board Members have made significant progress on several issues this past year; we worked with City leaders and staff to draft a sector plan that is favorable to owners, we helped those with taking claims to settle with the City, we’ve worked with Wilson and Company to develop a plan for a series of SADS and collaborated with the Water Authority to develop a plan to provide water for most of the subdivision. We have work to do yet, including getting the sector plan through the EPC and Council approval process and then get the first of a series of SADs approved by the Council and constructed so owners can build on or enhance the value of their properties.
We need your help. Board Member Volunteers and Board Officers terms will be expiring this year and we need property owners who want to protect and enhance their investment to step up and volunteer to help achieve our collective goals. Please advise us prior to our annual meeting if you would be willing to assist as a board member or other volunteer role. See the contact information below.
If you haven’t paid your dues yet this year they are due now for 2010 and will be due again in November for 2011. The annual dues are $20.00 for one lot and $5.00 for each additional lot. The dues go to cover administrative and mailing expenses. All of the Board members are volunteers and receive no compensation.
Contact information for the VCPOA includes email: volcanocliffs@hotmail.com or free phone message line 1-877-793-8173. In either case, leave a message and a Board Member will get back to you. You can also visit our web page www.vcpoa.com
Sincerely
Volcano Cliffs Property Owners Association Board
Board of Directors:
| Joe Archbold | (505) 328-1331 |
| Larry Chavez | 550-7981—899-0274 |
| Ralph Davis (Treas) | (505) 899-1705 |
| Dave Heil (Pres.) | (505)892-7152 |
| Joseph Martinez | (505) 400-4522 |
| Barbara Mueller(VP) | (505) 898-7755 |
| Ross Romero | (505) 977-7625 |
| Bill Wright (Sec.) | (505) 872-0523 |
| Dave Boyd | 269-8528 |
| Patrick Chapman | (505) 897-0337 |
| Theresa Dean | 514-7020 |
| Terry Lauritsen | (505) 266-8237 |
| Charlie Morgan | 331-7000 |
| Keith Perry | 553-0917 |
| Dan Serrano | (505) 344-5311 |