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Commission reverses planning commission, denies rezoning to allow mini‑storage near elementary school
Summary
The Board of County Commissioners overturned the Planning & Zoning Commission and denied a rezoning request to permit a 125‑unit mini‑storage development at 4010 Old River Road. The board found the requested industrial zoning would constitute spot zoning and deemed it incompatible with surrounding residential development and nearby school uses.
The Doña Ana County Board of County Commissioners on Feb. 25 reversed a Planning & Zoning Commission approval and denied a requested rezoning for a 4.57‑acre parcel at 4010 Old River Road that the applicant proposed to convert to light industrial (I‑1) to permit mini‑storage units.
Planning staff described the site, adjacent uses and procedural history. The property currently carries D‑2L (residential) zoning and was previously evaluated by staff and the P&Z; the P&Z approved the rezoning on Dec. 12, 2024 but county staff noted that more than 20% of property owners within 100 feet had submitted written opposition, which, under the county’s Unified Development Code, requires a supermajority (four votes) for approval by the Board.
Speakers at the hearing included neighbors who live on nearby Shady Brook Court and Turtle Creek Way. Appellants raised concerns about traffic congestion during school pickup and drop‑off, the narrow condition of Carver Road, the project’s proximity to an elementary school and safety and crime risks associated with storage facilities. The applicant’s representative, civil engineer Paul Pompeo, presented revised site plans, said wastewater service (septic) and water availability were addressed and argued the parcel borders existing industrial zoning to the north and thus the requested change was not “spot zoning.” He showed examples of modern storage facilities and provided a traffic‑generation analysis.
After public comment and deliberation in closed session, Commissioner Sanchez moved to deny the rezoning; the motion cited two findings: (1) the proposed industrial zoning would constitute spot zoning within the surrounding D‑2L area and (2) the proposed industrial zoning was not compatible with adjacent D‑2L and existing residential development. The motion was seconded and passed by roll call (5‑0). The board’s action reverses the P&Z approval and leaves the property at its current D‑2L zoning.
Ending — procedural note Because the board acted on an appeal of a P&Z decision, its vote is the final local administrative decision unless appealed to district court under applicable state law.
