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Commission approves owner’s request to rezone 3-acre West Side Road parcel to allow one-acre family lots
Summary
The commission approved Z25-003 to change a 3-acre parcel in Anthony from T2 (two-acre minimum) to T3 (one-acre / three-quarter-acre minimum) to enable three 1-acre lots the applicant says he will give to family members; opposition centered on road capacity, water and incremental 'zoning creep.'
Doña Ana County Planning and Zoning Commissioners approved case Z25-003 on June 27, changing a 3.0-acre parcel near the Vinton/West Side Road intersection in Anthony from T2 to T3 to permit one-acre lots intended for family members.
Staff described the parcel’s history: agricultural use since at least 1996, a 2022 line adjustment that created a 1-acre lot, and a May 2024 consolidation that resulted in a 3-acre ownership the current applicant purchased. The applicant, represented by surveyor Anton Magallanes, said the owner, Saul Tercero, purchased the 3 acres to provide one-acre lots for his children and prefers a zone change rather than creating legal nonconforming lots via a claim-of-exemption process.
The staff report said the T3 designation is adjacent to existing T3 zoning south of an irrigation ditch and that private wells and septic systems would serve any future homes. Staff recommended approval, citing the UDC decision criteria and finding the proposed change would not be spot zoning because it is contiguous with existing T3 in the area.
Public commenters voiced objections. Several neighbors and a land-use consultant representing nearby property owners said the corridor north of the Vinton intersection is predominantly T2 and agricultural and warned that allowing T3 zoning to “creep” north along West Side Road would change the area’s character. Concerns also included narrow road width, existing erosion and maintenance problems along West Side Road, and potential groundwater impacts from additional septic systems and wells. One resident said posted signs for the hearing were not visible at the site when they checked and asked whether notice requirements were met; staff said signs had been posted and that applicants submit photographs of sign locations, though wind had removed or displaced signage prior to staff’s site check.
Commissioners weighed the competing points: staff noted existing nearby clusters of sub-two-acre lots created through claim-of-exemption processes in prior years, and county review agencies (engineering, fire) will evaluate access, water and septic at permitting. At roll call the commission approved Z25-003, with one commissioner voting no and the remainder voting yes.
