The Dona Ana County Commission voted to publish the Unified Development Code by a vote of 3-2 with a scheduled vote on December 13th.
The Commission voted to publish the Unified Development Code giving residents 30 days to review it before a public hearing. Commissioner Ben Rawson tried to push back the vote on the Unified Development Code until after the Planning and Zoning Commission completes its latest review.
“I don’t think the documents ready,” Rawson said. “We came up with 11 items that are not ready that we’re asking planning and zoning to come back to and take a look at before we pass it. And yet at the same time we published that we’re going to have a vote on it on December 13th, I think that’s very premature.”
Commissioner Billy Garret says there are very few changes and it’s time to begin finalizing the UDC.
“Anybody whose worked with these documents understands that you need to be able to make adjustments in them,” Garrett said. “And really what we’re doing is allowing for that to happen, as we bring this particular phase to a close. It’s important that we get to this code, get it approved, So that developers, and property owners know what the new rules are, everyone knows we’re looking at this.”
David Barnhart, Chairman of the Legislative Committee for the Las Cruces Association of Realtors, says he thinks the UDC is too restrictive.
“As realtors,” Barnhart said. “Part of our oath is to protect personal property rights, and that basically got rid of them, so we voiced objections, as well as the Chamber of Commerce, and several others.”
Others at the meeting said the process was being rushed to a voter before the newly elected commissioners take office. Commissioner Billy Garrett says the process hasn’t been rushed.
“I think it’s important to recognize the sitting commission has 4 years invested in this at a minimum,” Garrett said. “And it’s appropriate for these commissioners who’ve been involved with this process for that time period to make the decision about whether we’re going to put it in place or not.”
Commissioners Ben Rawson and Leticia Benavidez voted against publishing the UDC, Rawson says he wanted to document to be finished first.
“There’s a requirement that we publish this for 30 days so people have a chance to look at it and evaluate it,” Rawson said. “Yet, this is not going to be published for thirty days because we know there is going to be at least 11 changes made to the document. The whole goal of having that publication is to have an open and transparent process, so people have a chance to review what it is that we’re voting on. And I’m disappointed that the commission today decided not to take the open and transparent direction.”
The Commission will hold a final vote on the UDC on December 13th.
