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Doña Ana County commission approves rezoning of 4 acres on Egyptian Street to allow single-family home

2796308 · March 27, 2025
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Summary

The Planning and Zoning Commission granted conditional approval to rezone 4 acres of a 10-acre parcel on Egyptian Street from light industrial (EI) to D1 low-density residential, allowing the owner to apply for a residential building permit while retaining the remaining acreage as industrial buffer.

The Doña Ana County Planning and Zoning Commission on June 27 voted to conditionally approve case Z25-002, a request to rezone 4 acres of a 10-acre parcel on Egyptian Street from EI (light industrial) to D1 (low-density residential) so the property owner can apply for a single-family residential building permit.

The change affects the northern four acres of a parcel historically used for in-ground planting and later a small construction yard. Staff presented a history of prior approvals and conditions tied to the larger 10-acre parcel, noting an early-2000s order that designated roughly 10 acres adjacent to residential development to be used only for in-ground crop planting and required buffers between industrial operations and residences. Staff said recent activity, including unpermitted accessory structures and a pole barn, prompted the current review and that the applicant agreed to maintain a non-buildable buffer along the western property boundary as a mitigation measure.

Planning staff said the parcel is outside municipal jurisdiction and that infrastructure for a single-family home (Zia natural gas, Brisasito water, septic wastewater) is available. The staff report concluded the request met the county’s Unified Development Code decision criteria (Miller criteria), was not spot zoning, and aligned with comprehensive-plan goals to support predictable development and marketable, affordable housing. Staff recommended conditional approval with the residential zoning limited to the northern four-acre portion and the industrial zoning reduced to the pipe fence that currently separates the construction yard.

Applicant representative Anton Magallanes described the owner’s intent to build a residence for the owner’s family while retaining flexibility for the remaining acreage. Owner Aaron Sapien told the commission he intends to build a single dwelling and does not currently plan to expand industrial operations into the residential portion.

Neighbors spoke during public comment. Longtime resident Arlene Martinez, who lives across Egyptian Street, said she and neighbors oppose heavy industrial traffic on the street and asked whether future subdivision or multiple houses would be allowed; staff confirmed D1 allows one house by right and additional dwellings would require further land-use approvals or special permits. Neighbors emphasized concerns about semi trucks using Egyptian Street and asked that any future nonresidential expansion be constrained.

Commission discussion touched on the 2001–2002 court filings and older ETZ/ET A orders; staff said their file shows an appeal and a subsequent recorded order but that some historical documents in the record were incomplete, so staff could not fully trace the court disposition. After questions and a motion for conditional approval, the commission approved Z25-002 by roll call.

The approval is conditional on the staff recommendations outlined in the staff report; subsequent permits (building, septic, driveway) and code reviews will be required before construction can begin.