Las Cruces council approves rezoning for Banmore parcels after adding 35-foot height cap

The Las Cruces City Council voted 5–2 on April 15 to approve ordinance 3065, a zone-change request that removes a prior one-story building restriction on about 2.9 acres in the Banmore subdivision, but only after councilors amended the ordinance to add a 35-foot maximum height limit.

The change affects three platted lots near Stern and Bowles and is proposed to allow multi-dwelling, higher-density development on property the applicant said could help increase the city’s multifamily housing stock. Community Development staff said the proposal aligns with the city’s Elevate Las Cruces future-development map and that standard development requirements — setbacks, landscaping, parking and drainage — still apply.

Developer Troy Mitchell told the council he intends two-story buildings and said the conceptual plan shows 23 units on a typical parcel. “We would only go two story,” Mitchell said, and he added the project would provide 1.5 parking spaces per unit and include bike racks because of proximity to New Mexico State University.

Residents who live near the site told the council the change amounts to a “bait-and-switch” of promises made when the subdivision was originally approved and raised concerns about traffic, drainage, lack of sidewalks and the age of the traffic impact analysis (TIA). One resident asked the council to preserve the original expectation of one-story construction; another said the development was “about money” rather than addressing affordable housing needs.

Councilors pressed staff and the applicant for specifics. Councilor Flores raised concerns about the TIA’s date and whether it reflected current traffic volumes; staff responded the TIA was prepared for the subdivision construction drawings and that existing traffic counts and build-out projections were below the collector-street capacity used in the analysis.

To address neighborhood concerns the council adopted an amendment that adds a 35-foot maximum height standard — a figure staff recommended because it matches the maximum allowed for adjacent single-family zoning. The amendment passed on a roll-call vote: McClure Yes; Matisse No; Graham Yes; Kran Yes; Flores No; Bencomo Yes; Mayor Yes.

After the amendment, the council voted to adopt ordinance 3065 as amended by the same 5–2 tally. The ordinance removes the existing height restriction condition but makes the 35-foot cap explicit in the newly adopted zoning for the parcels.

The council also discussed design and affordability. Staff and the applicant said the conceptual units would be market-rate and that while 69 units (23 units per lot times three lots in some conceptual scenarios) would not solve the city’s housing shortage, private infill development contributes to housing supply. Council discussion included suggestions about future inclusionary zoning and density bonuses as tools to obtain affordable units from private developers.

The council’s action concludes the rezoning decision for the Banmore parcels; permit-level design review, required infrastructure improvements and any subsequent development proposals remain subject to standard city approvals.