Area residents are celebrating the one-year anniversary of the Organ Mountains Desert Peaks National Monument. But some are concerned about how the surrounding area will be managed. 16 acres of land at the base of Tortugas Mountain is at the center of a long-running dispute. The landowners are pushing for commercial zoning that could pave the way for retail businesses like fast-food restaurants.
Native Las Crucen Meg Freÿermuth is a professional artist who paints abstract, color drenched portraits of natural landscapes mainly around Las Cruces and Dona Ana County.
“It is culturally significant this landscape and it often goes unrecognized, how beautiful it really is. I think and I see a lot of color out there, some people just see brown, but I see a whole rainbow of colors.” Freÿermuth says.
Freÿermuthh says a retail development at the base of Tortugas Mountain would damage the view she gets painting spots like the one between Las Cruces and the Organ Mountains.
“I would not be able to see the Organ Mountains from that location any more, that is right next to the zoning area or the property.” Freÿermuth says.
“Another view point looking towards the sunset, it would ruin that as well, light pollution from the lights coming on right as the sun is setting.” Freÿermuth says.
Hikers, mountain bikers and other residences are also concerned about the proposed retail development, as are members of the Tortugas Pueblo congregation who make an annual pilgrimage up Tortugas Mountain in honor of the Virgin Mary.
“What is the possibility of leaving it as is? Is that completely impossible? That is just what baffles me in this issue, that the public wants it to be left as is” Freÿermuth says.
But Dona Ana County Director of Community Development Daniel Hortert says the land must be given a zoning classification.
“We have codes that are in place that are law, we have to follow the law and public opinion doesn’t always factor into the law.” Hortert says.
In the ETZ; the 5 mile extra territorial zoning buffer area between Las Cruces and the county the zoning choices are residential, commercial and industrial. In a recent meeting, the zoning commission chose industrial zoning for the site which is consistent with its long-time use for mining.
But Hortert says further development in the area is inevitable.
“The dynamics are going to change.” Hortert says
“It kind of does in a sense have to be started somewhere.”
And that is precisely the concern of ETZ commission member Bob Hearn. Hearn says if development in the area is inevitable, more time is needed for public discussion and research into how it should play out.
“That zoning decision on the one piece of property becomes the driver for subsequent zoning and pretty soon there is a whole development. A whole area is done and you look at it and say we don’t want that! How did it get that way? And it got that way because that first plan was made and everything grew out of it. We need to be very careful about what we do with that first zoning plan.” Hearn says.
But the zoning dispute has been running for close to 3 years. Key factors determining the suitability of commercial development near Tortugas Mountain are the planned expansion of Sonoma Ranch Boulevard and New Mexico State University plans to build a rodeo arena on land nearby.
Freÿermuth says until those plans for growth are actually put into action the area should be kept in its natural state.
“We have huge empty shopping centers there. Why aren’t we focusing our attention on developing these areas, that were already developed for business, that are sitting there empty” Freÿermuth says.
http://www.youtube.com/watch?v=69WXXRYjPPo&feature=youtu.be
Freÿermuth’s 10 panel painting of the Organ Mountains entitled "Leap: It is unchanging yet trembles sweetly" is on display at the Dona Ana County Government Center.
Freÿermuth sees some irony in her work being displayed in the same building where county staff are recommending commercial zoning.
“They put them in this really significant spot and all of this is going on while we are talking about big business coming in and new strip malls coming in right at the base of our mountains. It is a very, a huge mixed message and especially at that location, it is a gateway to one of the main areas of the Organ Mountains” Freÿermuth says.
As it stands the codes do not allow for any other zoning classifications such as open space or wilderness areas. And Hortert says inventing a new classification would unlawfully devalue the property.
“We can’t change the rules just to fit this certain parcel.” Hortert says.
Freÿermuth says about 80% of her work is sketched and painted in the wilderness and surrounding area. She is worried that a commercial zoning would open the flood gates for development throughout the natural areas she paints and sketches.
“I want to paint out here to preserve something, as it is seen now. We won’t have the views that we have now forever.” Freÿermuth says.
The landowners declined to comment on their plans following the board’s recommendation. In previous meetings owners indicated that the land would have limited development potential if zoned as industrial.
The ETZ recommendation for industrial zoning will go to a final vote by the Extra Territorial Zoning Authority or the ETA in June. If the industrial zoning recommendation is approved, the landowners could make their own request for commercial zoning after 31 day.
