By Andrea Vasquez
The long-awaited public hearing at Edgewood’s Town Hall on March 6, turned contentious as the Town Commission reviewed an appeal challenging the approval of a minor subdivision for Campbell Farming Corporation.
With a unanimous decision from the three commissioners present, Edgewood representatives voted to remand the subdivision application to the Planning and Zoning Commission.
This means the case will be sent back for further review, for any needed corrections and to collect additional evidence for the final appeal record, which drew significant attention throughout the almost three-hour hearing.
The East Mountains Protection Action Coalition’s (EMPAC) attorney, Hess Yntema, raised several concerns that led to questioning the professionalism and accessibility of the 2,147-page document, for which he provided a numbered list of alleged violations.
According to the legal representatives and the commissioners, the document presented for the appeal hearing was disorganized and possibly incomplete, even containing duplicates.
“The information was repetitive. It was the same, basically, almost like somebody sent out a form letter to everybody here,” said Mayor Ken Brennan.
“The record-keeping on that, too, was just a nightmare to go through, it jumps from one thing to another…it was just everywhere. So we need to do better,” added Commissioner Patrick Milligan.
Yntema also argued that the lack of critical documents, such as official transcripts and key exhibits, made it difficult for them to prepare a comprehensive and fair appeal, leading him to request a formal postponement of the proceedings.
Additionally, the document was provided to the appellants on the morning of the hearing, leaving little room for a thorough examination.
“We received [the final appeal record] this morning by email at 9:06 a.m., less than five hours before the start time of 2 p.m. Different large files were sent out yesterday afternoon, late by email yesterday evening, whichever is the correct file; we have not had adequate time to review this record, as best we can tell on short notice,” said Yntema. “From a record basis, it’s just not fair to conduct an appeal hearing.”
Although he outlined eight main points, procedural concerns, several alleged violations of the Open Meeting Act, the application of an incorrect ordinance and the availability of water stood out.
According to Yntema, potential violations include discussions held off-record and decisions taken outside of a public meeting.
One central point discussed was the decision to apply the 1999 subdivision ordinance instead of the most recent 2019 version.
It is alleged this could have been decided in a closed meeting.
The appellants argued that the 2019 ordinance should apply unless the developer had already received full approval and made significant investments in the project.
The questioning of whether the hearing was treated as a record appeal was also brought up by Yntema, who based this observation exclusively on prior proceedings.
He argued that a “quasi-judicial” review allows for new testimony, which was not the case at the beginning of the hearing.
“The town lacks clear rules for appellate procedures, leaving us unsure what type of process this even is,” Yntema added.
Zach Withers, a resident and former state House of Representatives candidate, also commented that failing to follow the law leads to situations like this, where the outcome is “messy” and creates further issues down the line.
“This is a sloppy application. Even if you just look at the nine things they’re supposed to submit, they missed at least a couple, which alone is grounds enough to reject this application and send it back,” Withers commented.
On the other hand, Bernalillo County had a lighter stance.
According to county attorney Mike Garcia, the BernCo “does not categorically oppose the subdivision at this time” but instead suggests corrections that P&Z can and should make before “going to court.”
Garcia pointed out the lack of a confirmed agreement for access to Highway 14 between Campbell Ranch and the New Mexico Department of Transportation as a significant issue in the Planning and Zoning findings.
He also highlighted specific conditions of approval and the shared concerns about water precariousness that dominated the hearing’s primary concern.
“That’s one that is inescapable, and it’s something that is going to have to be dealt with at some point in time, and it’s better to deal with it early on before it gets to be a problem that’s impossible to deal with,” Garcia said about the water issue echoed throughout the hearing.
Garcia mentioned the county’s involvement in the Aquifer Science case from the Sandia Basin, stating that Campbell Ranch has a responsibility to prove enough water is available for the proposed development.
The closing of the Sandia Basin due to conservation concerns makes it a weak resource, so he urges the Town of Edgewood to review the water supply concerns carefully before proceeding.
“I think one way to look at this is that while we’re talking about a minor subdivision, it’s not a minor undertaking,” said Mike Garcia at the end of the hearing.
“The amount of attention that should go into this, I think, is probably reflected with the number of people that are here with their concerns about it.”
The “quasi-judicial” hearing centered on the parcel of land owned by Campbell Ranch. The parcel is intended to be divided into five lots, which the Planning and Zoning Commission approved in the last hearing.
This decision triggered some in the East Mountains community, who are concerned with the alleged violation of procedural requirements and the critical water concerns in the area, which is currently struggling with a shrinking aquifer.
“There’s a reason for that, sort of, because there have been lawsuits and things have happened in the years, and we were looking at water in a different way,” said Hess Yntema.
Public frustration stems from deeming the project “irresponsible” due to the collapsing aquifer concerns.
“The Office of the State Engineer estimates that more than 80% of wells will go dry within 40 years. So this is the context of why we’re upset about this going off-script,” said Withers, whose family farm borders the proposed subdivision site.
Edgewood was also heavily criticized during the hearing for limiting the public’s participation.
Under current policies, only residents directly adjacent to the development were recognized as affected parties, without considering the people who depend on the same aquifer.
Joel Darnold, co-founder of EMPAC, mentioned key points highlighting the lack of evidence, such as letters from the opposition that were forwarded to P&Z before the November hearing.
“Through a [public records request], we discovered within the town, over 120 public letters opposing this project,” Darnold said.
“We recognize Campbell has private property rights, but you must acknowledge that this is your responsibility to protect the health, safety and welfare …of Edgewood and the East Mountains,” Darnold added.
Campbell Ranch Farming Corp. did not exercise its right to cross-examine as it was told it could not participate in the hearing.
When trying to comment, Campbell Ranch reps faced opposition from the public, which was one of several controversies. Nobody from the staff was sworn in at the meeting until Community Development Director Brad Hill, interrogated by EMPAC’s attorney, pointed this out.
After careful consideration, Mayor Ken Brennan and Commissioners Murrillo and Milligan moved to remand the decision to the Planning and Zoning Commission for due diligence.
EMPAC thanked the commissioners for their decision to sit back and review the corrections needed for this application to take place through their website and social media accounts.
“We further agree with the commissioners that the Town of Edgewood Planning and Zoning Commission, in the remand of this case and reconsideration of the application, carefully review the 2,200 pages of evidence and community testimony submitted,” said EMPAC president Denis Kellogg.
EMPAC also pointed out that the proof of water requirements and other stipulated conditions should be reviewed before any other Campbell Ranch project decision is made.
The Town of Edgewood commissioners agreed that this case needs extensive review and intends to offer the community clarity and fairness.
“We want to make sure that this is a completely open and transparent process and that the rules are followed and are fully explained,” Brennan said.
What’s next? The application has been returned to the Edgewood Planning and Zoning Commission for additional consideration but has not yet been scheduled for a hearing. The commission normally meets on the 4th Thursday of each month.