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Las Cruces City Manager: Local Preferences Cannot Impact Zoning Decisions

Las Cruces City Manager Robert Garza

  Reports that a fourth Walmart is being considered for Las Cruces led some to ask the city council to reject a re-zoning proposal on Valley Drive.  But zoning decisions cannot legally be made based on the notion of protecting locally-owned firms.

The Las Cruces City Manager’s weekly newsletter addressed the issue of a rezoning request for about seven acres at the corner of Tashiro Road and Valley Drive from agricultural to commercial high intensity.

While Walmart has said there is no announcement to be made at this time, the rezoning would potentially allow for a grocery store and gas station. 

The city manager’s newsletter states, “The zoning code and Council responsibility under that code and state law does not provide a mechanism to impose local preferences to zoning decisions.”

However, the newsletter notes the city does have a policy to purchase items locally:  “With all of our procurement practices, we encourage staff to buy everything they can from local sources because it not only supports local businesses, but their economic success helps drive our City government forward.”