Albuquerque developer Justin Baca’s plans hit a snag Tuesday at the Rio Rancho Planning and Zoning Board meeting.

His request to rezone 1.5 acres between 18th and 19th streets from R-1, single family residential, to C-1, commercial, was rejected by a 3-2 vote, despite staff’s approval.

Chairman Pat D’Arco of District 5, David Heil of District 1 and Cliff Cizan of District 3 voted against the development. District 6 commissioner Todd Rastorfer and at-large commissioner Karl Wiese supported the rezoning. The issue will now move to the city council, but without the Planning and Zoning Board’s request it could make approval difficult.

The area is in the Dos Amigos Specific Plan.

Baca wants to rezone lots 9-11. Lots 4-6 are already zoned commercial, as are lots 86-89, behind his property. He explained that’s why the denial of his request puzzles him.

“I don’t think the city wants spot zoning,” Baca said. “Anything that will develop in time will be neighborhood friendly. You still have to put in a site plan with a specific business or specific use for it.”

Baca pointed out several parcels of land zoned commercial and commercial developments near residential property in Albuquerque and the Cottonwood area that have increased property values and been an asset.

As for what will be built on the property, Baca is not sure.

“It is so far away and far off right now. We will wait to see what fits the neighborhood,” Baca said. “As the neighborhood evolves, we will see. I don’t think anyone will put anything in there for years, but we want to have the property ready if a developer comes in.”

Baca is cognizant of the fact that the city is hurting in gross receipts tax revenue. He pointed out that his property is in a great location, near the city center, and with commercial business it will help keep the gross receipts taxes in the city.

Four residents, who live in the vicinity of the property in question, spoke against the rezoning.

Zoning Manager Delores Wood said she was shocked to hear those residents’ comments, since the Dos Amigos plan has been in place. She said rezoning is in conformance with the plan.

Scott Healy has a home on 18th Street and said that he and his neighbors paid for the infrastructure and believes that more research is needed and more restrictions on what can be done with the property.

Healy’s mother, Judy Healy, is about to move into a home in the area and said she does not want a commercial building across from her retirement home.

“I want a nice and quiet place to live,” Healy said. “I expect to live in a residential neighborhood.”

John Ballew, who is building four lots in the area, equated the rezone to changing the rules in the middle of the game.

“The land was residential and we put in the infrastructure, this is like changing the rules in the middle of the game,” Ballew said. “It is not fair to people who have residential property and destroy their values by putting commercial property across the street.”

The board also denied Highknoll’s request to rezone an acre on the southside of Inca Road at 31st Street from R-1 Single Family Residential District to the CMU Commercial Mixed Use District.

The board postponed until July 8 Bill and Evonne Joiner’s request to subdivide 9.75 acres into five commercial lots. The land is north of Montoya Road and east of NM 528 in a C-1, Retail Commercial District and an SU, Special Use for M-1, Light Industrial, District.

The Planning and Zoning Board approved seven requests.

The board approved the city and SSCAFCA’s request for a vacation of right of way along a portion of Loma Vista Boulevard between High Resort Boulevard and the Las Montoyas Arroyo, west of the Cascades at High Resort Subdivision. Staff explained that this will help reduce traffic across the arroyo dam.

The vacation consists of .89 of an acre and will grant SSCAFCA control of the right-of-way across the cap of the dam, in compliance with regulations from the State Engineer’s Office.

The vacation will be replaced by a public roadway easement granted to the city by SSCAFCA. Public access to Loma Vista Boulevard will not be restricted and the road will continue to connect residential developments in Loma Colorado East and High Resort.

The board approved another request from the city and SSCAFCA. This one rezones 75 acres of the Las Montoyas Arroyo to Special Use/Non Residential for drainage. This portion of the arroyo is between Broadmoor Drive on the west and NM 528 on the east.

Staff says this will protect the arroyo.

The board approved EPI Partnership’s request to rezone 11 lots encompassing 4.17 acres from R-1 Single Family Residential District to CMU Commercial Mixed Use District.

The property is on the south side of Idalia Road, the north side of Tulip Road and west of 40th Street.

Sundollar’s request to rezone an acre on the southside of Inca Road at 31st Street from R-1 Single Family Residential District to the CMU Commercial Mixed Use District.

The board approved Dennis Scott’s request to rezone 2.56 acres from R-1 Single Family Residential District to the C-2 Wholesale and Warehouse Commercial District. The land is on the south side of Idalia Road between 30th St. and 31st St.

Highknoll Development’s request to rezone half an acre located at the northwest corner of Farol Road and Unser Boulevard from R-1 Single Family Residential District to the C-1 Retail Commercial District.

Leitman’s request to rezone an acre on the south side of Inca Rd. at 31st Street from R-1 Single Family Residential District to the CMU Commercial Mixed Use District was approved.