Zoning Staff Propose Omitting Public Hearings

At the March 27, 2014, Planning & Zoning Commission meeting, Sandoval County Staff will propose zoning ordinance revisions that would allow certain types of exploratory drilling and production of “energy related products” in all Rural Residential Agricultural (RRA) areas of the County without public hearing. Placitas is zoned such that RRA permissive uses apply throughout Placitas. The meeting begins at 6PM in the County Commission Chambers located on the third floor of the Sandoval County Office Complex off Hwy 528 at 1500 Idalia Road.

Under the current 2010 Sandoval County Planning and Zoning Ordinance, exploratory wells related to the development of water resources by governmental entities is the only drilling allowed without going through application and public hearings. This kind of use is called “permissive” and any required actions can be performed administratively without public notification or hearings. The Fisher Sand and Gravel mine was allowed under permissive use with only administrative approval, and ES-CA fought to close that loop hole so that it will not happen again.

The proposed zoning changes would remove from the public hearing process: Any exploratory drilling for water, energy related products, or communication; distribution lines including pipes, wires, etc. whether visible or not, on sites of 2 acres or less; and production facilities and related apparatus and buildings provided that they are less than 800 square feet in size, or fenced enclosures, pumps, valves, switches, or anything considered a commercial utility.

Additionally, the proposed changes would also allow some new conditional uses . Conditional uses still require public notice and hearing, but have minimal vetting requirements, such as for appropriateness to an area. For example, currently when a commercial use is desired within a residential area, re-zoning is required with much greater rigor on the part of the proposer and with clear expectations communicated for the public to consider. The proposed changes expand the less rigorous conditional use provisions to any production or distribution facilities on up to 20 acre sites for water or energy-related purposes “for commercial utility purposes”. Also, utility structures such as storage tanks, storage yards, etc., on sites of any size would fall under conditional use zoning.

If these changes to the zoning ordinances are approved by the County Commission, it means that many property uses that clash with the character of our communities could spring up without any public oversight, or in some “conditional use” cases, minimal oversight.