Commission conditionally approves Santa Teresa zone change Z26-00005 despite neighbor concerns over private-road access

Doña Ana County’s Planning and Zoning Commission granted conditional approval to zone-change application Z26-00005, allowing the owner to rezone a 2.5-acre parcel at 905 Cox Farm Road in Santa Teresa from T2 (rural) to T3 (neighborhood edge) to enable a three-lot subdivision.

Staff told commissioners the proposal would permit three single-family homes on lots no smaller than three-quarters of an acre with septic systems (or 6,000 square-foot lots with sewer). Staff estimated a modest traffic increase — roughly five additional vehicles and fewer than 15 trips per day — and reported no known environmentally sensitive areas on the site. Staff recommended conditional approval, with one condition: the uninstalled mobile home on the property must be removed or receive a mobile-home installation permit.

Agent Toby Alvarado of Skyline Engineers spoke for the applicant and said the owner could comply with the condition. During public comment, neighbor Brandon Fermine Ruiz said the proposed lot layout would not provide access for all parcels through the recorded easement, and he cited what he referred to in testimony as code section "504 C / 30 3504 C" and Table 5.19, saying the existing private access is narrower than the code requires and at one point measures about 15 feet.

"The way they want to subdivide their parcels does not give each parcel access to the easement," Ruiz said, and he added that the applicant has not contributed to maintenance of the private road. Ruiz asked the commission to enforce code requirements for minimum right-of-way and an improved 24-foot travel surface.

Owner Victor Gonzalez, who said he recently inherited the property, told the commission he is willing to help maintain the road and to remove or legally permit the mobile unit if needed. "I'm willing to compromise with them in order to keep the road maintenance," Gonzalez said.

Commissioner Fischer moved to approve the zone change with the staff-recommended condition; Commissioner Charlene amended the motion to explicitly add the mobile-home requirement and the commission voted unanimously in favor (Leer yes; Garcia yes; Fischer yes; Olsen yes; Vice Chair Zernia yes; Chair Zarges yes). The motion passed for conditional approval.

Why it matters: The rezoning will allow modest infill subdivision in a rural area near Santa Teresa and is presented by staff as consistent with the county comprehensive plan and Miller criteria. Neighbors raised access, easement, and private-road maintenance concerns that commissioners did not resolve at the hearing; the owner said he will cooperate and the mobile-home condition directly addresses one staff-noted code issue.

Next steps: The county will record the decision and the applicant must meet the condition regarding the mobile unit before any final subdivision approvals or building permits related to the lots are issued.