Citizens' challenge to Las Cruces zoning reform fails

LAS CRUCES — Amid fiery exchanges between city councilors and the public, a citizens’ petition challenging the city’s new planning and zoning code failed Monday because it did not have enough valid signatures.

On the surface, the argument was over process, but the passionate debate centered on how New Mexico’s second-largest city is changing in the 21st century, and the role citizens play in charting its course.

Larry Sedillo, a Doña Ana County resident who participated in the signature drive, jabbed a finger at the council as he said, “If you put an apartment complex in front of where you bought your house … and you can’t see the mountains no more, it changes who you are.”

In February, Las Cruces approved sweeping changes to zoning regulations, subdivisions, design standards, mingling of commercial and residential properties, and more, in its first comprehensive reform since 2001.

The 6-1 vote approving the ordinance, referred to as Realize Las Cruces, concluded a four-year process during which homebuilders, developers, other businesses and residents participated in public meetings debating business development, housing density, parks, pedestrian safety and other features of where residents live, work and play.

Citizens opposing the ordinance mounted a signature drive to stop its implementation and bring final approval of Realize Las Cruces — legislation that runs to hundreds of pages — to voters.

“What you are voting on today is whether the city will uphold the people’s fundamental right to petition government as enshrined in our state and federal constitutions,” Sarah Smith, a leading organizer behind the petition, told the council.

Petitioners needed 3,240 signatures, or 15% of the electorate in the last two elections. City Clerk Christine Rivera reported that the initial petition presented 1,950 valid signatures. City charter allowed for an amended petition, which brought the number of validated signatures to 2,547. The matter was brought to the City Council for a final vote on the petition’s sufficiency.

Supporters of the petition complained that procedural rules and the basis for invalidating signatures were vague or never stated. They called on the council to allow Realize Las Cruces to be placed on an election ballot. City Attorney Brad Douglas said staff had communicated that signatures needed to match how names appear on voter registration rolls and that invalidated signatures could be cured.

During public comments, supporters of the petition called the process unfair while others, experienced in voter petitions, said disqualifications were part of the process.

The comments often turned to debate on the ordinance itself. Some welcomed the reforms as a way to make Las Cruces less “car-centric” and more accessible for residents with disabilities, incorporating smaller businesses and recreational spaces into city planning; opponents expressed concerns about housing density and commercial development.

“Politics is not a spectator sport,” Councilor Johana Bencomo said.

She and Councilor Becky Corran accused some petitioners of misrepresenting the ordinance, its impact on housing costs and the transparency of the process, based on reports from constituents.

“What Realize will do is help create a greater diversity of housing that we so desperately need,” Bencomo said, “and if you are against that, and you sign this petition because you are inherently against multifamily housing and a diversity of housing going up in good neighborhoods with good parks, then I would ask you to reflect on where your segregationist tendencies come from.”

“I think it’s fascinating that folks are demanding direct democracy on a 400-page zoning reform and somehow we passed the budget without a single public comment,” Corran said.

The lone dissenter on the council was Bill Mattiace, a former mayor, who said he favored letting voters weigh in on code changes of such historic scope.

Affirming the city clerk, the council voted 6-1 to deny the petition’s insufficiency, putting Realize Las Cruces back into effect immediately.