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Planning and Zoning Commission approves rezoning of 15‑acre Deming site over one dissent
Summary
The Planning and Zoning Commission voted 3–1 on March 16 to rezone about 15 acres owned by Deming SW Real Property LLC, converting parts of two parcels to commercial and multifamily categories; staff warned utilities and road access are not yet in place and will be costly to extend.
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The City of Deming Planning and Zoning Commission on March 16 approved a rezoning request for roughly 15.0 acres owned by Deming SW Real Property LLC, voting 3–1 to reclassify portions of two parcels to commercial (C) and multi‑family (B) zoning.
Commissioner Alan Briley moved to approve the application submitted by Alexander Naar on behalf of Deming SW Real Property LLC; Commissioner Estrella England seconded and the motion passed on a roll call vote. Commissioner Steve Fox cast the lone dissenting vote, saying he was uncomfortable acting without having inspected the site and expressing concern about potential noise from nearby ball fields.
The vote applies to parcels identified by UPC codes 3052139185393 and 3052139069393 and to approximately 15.0 acres described in the hearing materials. The approved change converts the striped portion of one parcel to C (commercial) and expands B (multi‑family dwelling) zoning on the adjoining parcel; meeting exhibits included a zoning map and the municipal zoning legend for reference.
Planning staff member Windia Cassy presented the case and confirmed legal notices were posted. "Yes, they have," the secretary confirmed when Commissioner Frank Christensen asked whether notice requirements had been met.
Public Works Director David McSherry advised commissioners the site is currently raw land without utility layouts or proper drainage and that "sewer and water will be the most difficult and costly to extend into the area," warning that infrastructure and road access would need development before building could proceed.
Commissioner Briley asked whether the proposed changes constituted spot zoning; staff responded that the expansion of B zoning in this instance was not considered spot zoning. Commissioner Fox said he would prefer to delay the decision until he could physically view the property, adding that "they can be noisy" when referring to ball fields, and said that influenced his vote against the rezoning.
By roll call, Commissioner Estrella England voted AYE; Commissioner Steve Fox voted NAY; Commissioner Frank Christensen voted AYE; and Commissioner Alan Briley voted AYE. Commissioner Christensen stated the Commission's written order will take effect after it is executed and filed with the municipal and county clerks and that the order may be appealed to District Court within 30 calendar days under NMSA 1978 39‑3‑1.1.C.
The commission adjourned at 5:46 p.m.; its next regular meeting is scheduled for April 21, 2026.
Clarifying details from the hearing record: the application cited UPC 3052139185393 and UPC 3052139069393; the subject area was described as approximately 15.0 acres; meeting exhibits included a zoning map showing local streets labeled Peach, Plum, Apple and Pear and the municipal zoning legend that defines A/A1 (single‑family), B (multi‑family) and C (commercial). The public works director's comments note significant additional investment will be required for sewer, water and road extension prior to development.
