Doña Ana planners deny request to add three lots in Talavera subdivision; 5-4 vote

On May 23, 2025, the Doña Ana County Planning Commission denied case Z25-009, a request to remove a recorded condition that limits a 26-acre parcel in the Talavera community to 13 residential lots and to allow 16 lots instead. The motion to approve the zone change failed on a 4-5 vote.

Planning staff emphasized that a 2006 ETA order imposed the 13-lot limit to reflect a two-acre density, and staff recommended denial because the application conflicted with Doña Ana County comprehensive plan goals about density and appropriate location of development. Albert Casillas, planning staff, told commissioners the property is currently zoned D-1 LC but had past ER-3 C zoning; water is available from Moon Gate Water and wastewater would be by septic.

The applicant’s representative, Zach Liban, said the proposed 16-lot layout averages about 1.6 acres per parcel and that lot sizes would be more than one acre each. Liban said the layout was designed to respect existing arroyos and topography and that spreading infrastructure costs across 16 lots could make the resulting lots more affordable. Owner Daniel Rubin confirmed the intent that Lot 16 would have legal access but that the house driveway would not be directly onto Dripping Springs Road.

Commissioner discussion focused on density, drainage and access. Commissioners asked whether the subdivision layout would require mitigation of arroyos and whether a driveway onto Dripping Springs Road would create traffic or safety problems. The applicant said the site is outside studied FEMA flood maps, that drainage and grading requirements would be addressed during subdivision review, and that driveway and entrance design would be subject to county engineering standards.

A motion to approve case Z25-009 was made by Commissioner Fisher and seconded by Commissioner Zurniak. Staff reiterated the recommendation for denial, noting the 2006 ETA condition that the property “shall be developed in a manner that reflects an overall density of ER-2” and that allowing three extra lots would be a change that primarily benefitted the property owner. The commission voted to deny the zone change by a 5-4 tally.

The denial leaves the recorded condition in place; if the applicant pursues subdivision, the property can still be developed under the existing limit of 13 lots. Staff materials in the record include the 2006 ETA order, maps of adjacent zone-change approvals, and findings that led staff to recommend denial.