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“Without hearing the testimony and what was presented, the way I felt in my gut was that the ordinance was originally written to include a site plan, and there is a reason why they wanted a site plan -- whether it be the P&Z or the city council, they could have some foresight as to what the plans for property would be before they made a determination on zoning,” he said. “I was opposed, without hearing testimony or anything else. My gut feeling was to be in opposition of it.

“I always try to go in with an open mind, but I was leaning toward opposition. I think it (a site plan) is good information to have. If someone wants to change zoning, it’s good to know what they intend to do with that property. If they really have a legitimate need to change zoning, they should have a plan in mind. If they don’t have enough of a plan to create even a minimal site plan, then maybe they’re not ready to change the zoning.”

The P&Z board did make one amendment, adding “preliminary drainage plan” to the minimum requirements required in site plans at the suggestion of resident Marchell Schuman, a Rivers Edge resident who opposes the Willow Creek zoning proposal.

Another amendment proposed by Heil died due to a lack of a seconding motion. Under Heil’s proposal, based on Albuquerque law, rezoning without site plans would have been allowed, but would have reverted back to old zoning if a site plan was not submitted within six months.

After the 3-3 vote, Heil also moved to reconsider the motion with the idea that it could be tabled and discussed at a future meeting. But that motion also died for lack of a second as city zoning director Dolores Wood, who presented the proposal, said that she was on a timeline to complete the process by the end of January in time for the city council to use the new rules to consider the Willow Creek zoning at its first meeting in February.

The issue came to a head two weeks ago at the city council when the Willow Creek rezoning issue came up for a first reading. Development director Rob Anderson admitted that no site plan had been submitted, as required by existing law, but said that had been going on in some cases for several years. In an attempt to make the law conform to actual practice, he suggested the rules regarding special use zoning be changed at some point.

When opponents of Willow Creek voiced their objection to the council voting without a site plan – in essence breaking the law – the council postponed consideration on the issue until the February 13 meeting.

The board also acknowledged that a proposed outdoor lighting ordinance had been withdrawn by staff. Wood said the ordinance “required some additional work” and rather than to keep carrying it on the agenda it was being withdrawn.

“But it will be back,” she said.

Wood declined to say what additional work would be done or when the ordinance might return to the P&Z.

In other business, the board:

•    Gave the city the go-ahead to begin to build a maintenance yard by approving the rezoning of 21.6 acres in Unit 17, generally located near the southwest corner of Idalia Road and Kim Road, from single family residential to special use.

•    Advanced the Pulte Homes development along Loma Colorado by approving final platting for a subdivision of 49.43 acres into 82 single family lots and one 29.06 acre tract reserved for future residential subdivision. The tract is zoned Special Use-High and Medium density single family residential and is generally located north and west of Terraza Boulevard and east of Loma Colorado Drive.

•    Approved five zoning changes as part of the Del Norte Specific Area Plan in Unit 13 in the area around 38th Street and Palm Road, and tabled a sixth. The five that were approved all rezoned single family residential land into light manufacturing or wholesale/warehouse zoning.

•    Followed the staff recommendation and denied approval to Va Meim Minh and Thanh-Na’s request to operate a U-Haul truck rental business from the existing North Hills Mini Mart at 1504 Cherry Road, the existing North Hills Mini Mart. A representative for the applicants said he would look into appealing the P&Z decision to the Governing Body.