[Music]
Good evening. Welcome to the planning
and zoning uh commission meeting. Today
is Tuesday, September 23rd uh 2025.
Uh and I am Chair Thirsten. Um we're
going to go on to the conflicts of
interest. Does anybody have any
conflicts of interest tonight? Once
again, I have a conflict of interest. We
have one of our own uh land, but we will
get to that in
uh when it's on the agenda. I think it's
8.1 is the one I have a conflict of
interest on. Um going to move to public
participation.
Um
if there is um
if there's anybody here that would like
to say anything that's not regarding the
items on the agenda today, you can do so
at right now. Also, this is your time to
um if you have any issues with what is
on the consent agenda, this is your time
also to have any questions about that.
So that'd be 7.1, 7.2, 7.3.
if we have anyone for public
participation.
And no, we do not. Okay. So, now we're
going to go on to the acceptance of the
agenda. Um, there is one item on here
though on the acceptance of the agenda.
Um,
help me walk this walk me through this
one again. So, we need to remove 8.1
in its entirety
because it is it's
It's the one that I have a conflict of
interest on and since we don't have a
quorum here to table it, we can't have
any
really discussion about it. So, we are
just going to see if we can remove 8.1
and then we'll have to reapply for the
following month. So, I need a motion for
someone to remove 8.1. Is that correct?
Oh,
except the agenda with the removal of
8.1.
Okay. So, just to clarify, uh 8.1 isn't
going to be postponed.
It's just straight removal.
Okay.
I'll make I'll make a motion to accept
tonight's agenda uh with removing item
8.1.
I second.
Okay. This is on the motion to accept
the agenda with the removal of 8.1.
Commissioner A. Costa.
Yes.
Commissioner Murray,
yes.
Commissioner Kaiser,
yes. and chair. Yes. Thank you.
All right. So, the acceptance of the
agenda then that moves us down to
postponements now.
Now, we have
no Okay. Okay. So, I'm being told on
these postponements, we need to have a
motion that is going to table
to post tpone
6.1 and 6.2
indefinitely.
I make a motion to postpone 6.1 and 6.2
indefinitely.
Oh, I got to have you do it as a
separate vote. Sorry, I'm I'm messing it
up.
I make a motion to remove 6.1
indefinitely.
I'll second.
This is on the motion to postpone item
6.1 indefinitely. Commissioner A Costa,
yes.
Commissioner Murray,
yes.
Commissioner Kaiser,
yes.
And Chair,
yes. Thank you.
I'll make a motion to postpone
indefinitely item 6.2.
I second.
This is on a motion to uh postpone item
6.2 to indefinitely. Commissioner A
Costa,
yes.
Commissioner Murray,
yes.
Commissioner Kaiser,
yes.
And chair,
yes.
Thank you.
All right, that moves us all the way
down to 8.2 on our agenda here today.
So, now I'm going to turn the time over
to staff for the presentation.
Oh, sorry, I messed up again. We need a
motion to hear 8.2.
A motion to hear item 8.2. I second.
[Music]
Good evening, Commission. Adam Machoya
for the planning uh planning zoning,
sorry, planning zoning division
community development department. For
the record, before you have a uh
proposed special use permit for a
cannabis dispensary that'll be located
at 11:03 South Solano Drive. Uh property
is located on the east side with Solano
Drive roughly about 115 feet south of
its intersection with Utah Avenue.
Property encompasses roughly 27 acres in
size and is currently uh has a vacant
commercial building on the property. Uh
the property is zonu
uh under the realized Los Cru's uh
development code which stands for our
neighborhood uh three urban zoning
district. showing the property here. As
you can see, Salano Drive, Utah,
Espanola. Uh, of course, everybody knows
Solano Drive, commercial corridor, one
of the major commercial corridors in Los
Cusus
showing here the property as well, that
vacant commercial property with the
unimproved parking area. Uh, just to
give you an idea of the building we're
talking about.
So, what is being proposed for the
property is a new uh cannabis dispensary
under the realized Las Cruis's
development code. Uh it requires any
property that is zoned NH3 and A&H3 uh
to seek a special use permit to allow a
cannabis cannabis dispensary on the
property. uh additionally realized that
as Crucis requires a new cannabis
dispensaries uh located within 300 feet
of an existing cannabis dispensary uh to
to seek a special use permit. This uh
proposed new dispensary is approximately
197 ft uh from an existing one at uh
located across the street caddy corner
across the street at 1128 South Solano.
Uh the proposed dispensary does meet all
other uh buffer distance requirements
from any school or daycare. Uh,
additionally, the the business will be
required to follow all all other city of
Los Cruus's requirements and stating New
Mexico regulations, government uh,
cannabis related retail activity.
When staff did their analysis, staff
really saw no real life safety, welfare
issues associated with this. Staff
treats cannabis dispensaries or any
cannabis related type of business like
any other type of business that it
functions like any other type of
business in the city of Los Cruus. Uh
the elevate las cruises comprehensive
plan does have numerous goals, policies,
and actions that support the proposed
special use permit, including including
uh bringing businesses back into
established areas, allowing for uh other
options for uh for employment, so on and
so forth, like that as found within your
attachments in your staff report. Uh the
proposed site plan that was submitted to
staff does appear also to meet all
standards required for the new
commercial business including parking,
driving aisle requirements uh so on and
so forth like that. uh that do meet uh
the realized Los Cruus's development
code.
Notice was sent out to all surrounded
property owners uh per code and staff
did actually receive two phone calls uh
from the public against one against this
specific dispensary of its location and
another one just against dispensaries in
general. So just against dispensaries
overall.
But with that, staff uh does recommend
approval for the proposed special use
permit based on the following findings.
Subject property meets the distance
requirements from any adjacent school or
nursery or daycare. Uh the parcel as it
exists is run by commercial land uses
with similar context and look feel. Uh
the business will function as any other
business in the city. Uh all applicable
requirements as outlined by realized
loss cruises and those stipulated by the
state of Mexico must be adhered to uh
for subsequent operation of the proposed
business and the proposed SCP meets the
intent and purpose of the elevate loss
cruises comprehensive plan.
With that your options tonight are one
to vote yes and approve the proposed
special use permit as recommended by
staff. Two to deny vote no and deny the
proposed special use permit. Just a
reminder, if you do vote to deny other
findings of faculty have to be provided
uh to make that vote uh three to vote
amend and direct staff accordingly. I'm
sorry to amend and provide conditions
deemed appropriate by the commission or
four table postpone and direct staff
accordingly. Uh that is the conclusion
of my presentation. The applicant's
representative is here if you have any
questions and I stand for questions.
Do the commissioners have any questions?
Uh just a couple of questions uh on
clarifying. So this is under the new
development code that was passed earlier
this year. Correct,
Mr. Chair, Commissioner Kaiser, that is
correct. That is this is under the
realized Los Cruus's uh zoning code
essentially. So,
um, under this new code, any
cannabis dispensary
within this zone would require a special
use permit.
Is that,
Mr. Chair? Commissioner Kaiser, that is
correct.
Okay. And then they in this case,
they're also within 100 within that 300
foot buffer triggering
a special use permit in that case as
well. Correct.
That is correct.
Um and then um because we are under the
new code, I just want to clarify that um
no there were no parking requirements
for this
business as part of their application.
Mr. Chair, Commissioner Kaiser, uh under
the realized Los Cruus's development
code, they are zoned urban. So they
don't uh because they're in the urban
core, parking isn't a requirement from
them. But when they actually do develop
the plan uh the the site because there
are improvements they need to do to it
for a drive-thru driving aisle and they
are actually providing off- streetet
parking for the site as well, sir.
Okay. But that that's something that
they're choosing to do. That's not
something the city is requiring.
Mr. Chair, Commissioner Kaiser, that is
correct.
Okay. Thank you. And then u my last
question I guess is um
looking at the site plan it doesn't
appear to me at least but I could be
wrong that they're being asked to do any
sort of landscaping improvements.
Mr. Mr. Chair, Commissioner Kaiser, they
are part of the what are what is the MRA
area of the of the city of Los Cusus per
realized, they are allowed to uh do a a
portion of the required landscaping
instead of the full 15% of what's
typically required. They uh from what
the site plan that was provided, it does
appear that those calculations those
calculations meet the requirements of
the MRA area, sir.
Okay. But I guess my question is I don't
it's not clear to me what their
landscaping is. I see it looks like
potentially a new retention pond.
Mr. Chairman,
yeah,
Commissioner Kaiser, my apologies. I
don't have the site plan on here. I do
apologize about that, but there is a uh
a planter that's located in front of the
property. It looks like a like a kind of
like a long triangle there. I'm sorry,
rectangle.
uh where they will have uh their their
required landscape requirements, the
number of tree the number of trees and
shrubs and required cover as well. Sir
that's uh it's not a lot but thank you.
Um that's all I have.
Thank you.
Um with that then we'll go to um does
the I guess does the applicant want to
present anything before we go to uh
public comment?
They have nothing to answer. So, okay.
We're going to go to public comment.
Yeah. And we're and uh anyone who wants
to speak, we'll give you three minutes
since I'm going to say seeing none,
we're going to go, I guess, to a vote.
Right. This is on a motion uh for 8.2.
A vote. Commissioner Costa.
I vote yes. Uh because the proposed
special use permit uh meets all city and
state requirements, will operate like
any other business in the area, and
aligns with the Los Cru's comprehensive
plan for land use and economic
development.
Commissioner Murray.
Uh yes. Based off staff recommendation.
Commissioner Kaiser.
Yes. based on staff recommendation and
consistency with elevate loss cruises
and chair.
Yes. Do we still have to state why we
don't have right?
We do not. No.
All right. Now, we need a motion to hear
8.3.
I make a motion to hear 8.3.
Point of order.
Pardon me, sir. Um, these two cases uh
go together, right, John?
Yes,
they go together. So, we will need a a
motion to suspend the rules in order to
hear both cases together uh
concurrently. Uh, so we'll hear them
together, both the master plan and
preliminary plan. And then before we're
ready to vote, uh, we'd have to vote to
reinstate the rules if we could vote on
them separately. So, we get that motion,
please. Thank you.
I make a motion to suspend the rules of
order to hear 8.3 and 8.4 for together.
Second.
Yes, we made an original motion to hear
a point.
No, we did not second it.
I I seconded it.
Oh, you did second the first motion.
Yeah, while you guys were chitchatting
over there.
Oh,
Murray.
Murray made the motion.
Okay, we already did the motion to
suspend the rules.
So,
okay. So, now you got to call for a vote
to suspend the rules. Thank you. Thanks
for keeping us straight.
All right. This is on the motion to vote
to suspend the rules for item 8.3.
Commissioner Costa,
yes.
Commissioner Murray,
yes.
Commissioner Kaiser,
yes.
And chair,
yes.
Good evening, Commission. Uh, this is
John Castillo. For the record, um, today
we have, uh, the Coyote Run subdivision
master plan and preliminary plat that
I'm presenting before you. Um the
current conditions of the property. It's
located approximately 642 feet west of
the intersection of uh Thurman
Road/Angler Road and Long View
Lane/Stler's Pass. Uh the lot
encompasses approximately 200 uh 25.05
acres. Uh it's an undeveloped vacant
parcel of land um with the current
zoning of R1AR1B
which is our single family medium
density single family high density and
R3R4
R2 uh which is our multi-dwelling medium
density uh multi-dwelling highdensity
limited retail and office and our
commercial medium intensity zoning
districts. Um this is located within a
suburban neighborhood place type um and
predominantly surrounded by single
family residential development. Um these
lots are the neighborhood that surrounds
it is of approximately the same size
lots. U sometimes uh there might be a
few smaller lots.
Uh this is a zoning map of the property
right here. Um it's this property that's
got the Lshape uh that's highlighted. Uh
this is an aerial image of the subject
property.
So the master plan proposes a mixeduse
development on three parcels um with a
residential and non-residential land
uses um that will be built in a single
phase. Uh parcel one is a 3.07 acre um
tract of land. Um they are proposing a
C2 zoning design uh zoning district uh
for future non-residential development.
Uh parcels two and three uh total 18.81
acres. Um they are proposing the R1A
zoning district uh for future
residential development.
Uh this is the master plan right here.
So this would be the
um proposed C2 uh 3 acre lot. Then this
is uh tracks or parcels two and three or
one and two uh which are will make up
the large lot residential portion of the
subdivision.
So the preliminary plot proposes, you
know, once again a mixeduse development.
Uh parcel one uh is for non-residential
development. Parcels two and three uh
will be 20 large lot residential
development. And then parcels three and
four um will be for uh future roadway
improvements. Um the future development
of Coyote Loop, which is the main access
for the residential and uh
non-residential development lots. And
then parcel or yeah, parcel four would
be for the extension of Thurman Drive
uh slash
Angler Road.
Here is an image of the proposed
subdivision. Uh once again, we have the
non-residential lot up here. This is the
tractive land that will go for the
expansion and widening of Thurman uh
within the city limits. The northern
side is the county.
Um, and then we have the 20 individual
lots, the other parcel of rightway
that's going to be dedicated and built
out, uh, known as Coyote Loop that's
going to access the residential homes.
Uh, public notice or notice was sent to
all relevant agencies and departments.
Um, all supported the proposed master
plan and preliminary plan. Notice was
sent to all surrounding properties
within 500 ft. Staff did receive one
email with general questions on the
subdivision um, and one phone call. Uh
the phone call was regarding the naming
of Angler uh Thurman Road and Long View
Lane and Settlers Pass. Um depending on
the reason why this came up is that
depending on maps that you look at as
well as plats that you may find on the
properties, uh parts of the road still
refer to themselves as Angler. Um other
parts do refer to themselves as Thurman.
Um, same way with Long View Road and
Settler's Pass. Um, as subdivisions
further south of this one got approved,
um, they started creating Settler's
Pass. Um, which then kept the northern
port still Long View Lane, but as uh,
development continues, um, it will
change eventually all to Settler's Pass
and then eventually will change all to
Thurman Road.
Um the DRC reviews subdivisions from an
infrastructure, utilities and
improvement standpoint. On August 20 uh
August 20th, 2000 or 2025, uh there was
a meeting um which uh discussed uh
dedication of parkland and paying a fee
in lie of dedication. Uh the DRC
unanimously recommended approval with a
condition of the proposed master plan
and preliminary plat. Uh that condition
being that if the master plan does not
get approval on or before December 31st
uh 2025, the developer will not be
required to dedicate
um parkland or pay a fee in lie of if
however the master plan does not make
that deadline and gets approved within
the next year. and they do have to
follow or they are subject to resubmit
for a new master plan and this would
follow all of our regulations of
realized loss cruises where they would
have to dedicate um an x amount of
parkland or pay a fee in lie of for that
parkland.
Uh today staff recommends approval based
on the following findings. Uh based upon
review by relevant city staff, the
proposed master plan and preliminary
plat comply with the requirements and
standards of the city of Los Cru's
subdivision code. Uh the subdivision
that is be being created by the master
plan and preliminary plat uh comply with
all requirements of the 2001 zoning
code. Uh chapter 37 of the Los Cusus
subdivision code and the newly adopted
realized Los Cusus.
Um following the goals, actions, and
policies outlined in Elevate Los Cusus
comprehensive plan. The proposed
subdivision will allow for the
development of alternative housing types
and medium to highintensity commercial
opportunities. Um as well as the DRC
recommending approval with the condition
for the master plan and approval on the
preliminary plat
and the condition being as discussed
earlier.
So today your options are to vote yes to
approve, vote no to deny, vote to amend
or vote to table.
Thank you. Does the applicant have
anything that they want to um share as
well?
And do I have to swear him in
All right, here we go. Off of memory, do
you swear off of the what is it?
Testimony.
Do you swear or affirmed the testimony
you're going to give is
is true?
Yes, I do. All of the above.
Thank you,
Mr. Chair, commissioners. My name is
Anton Magayanis. I'm with Moy Surveying
representing the applicant. uh or the
owner rather. The owner is here so if
you would like to speak with him or if
he has anything to add I would encourage
him to come up. John did a great job
presenting the case. The only thing I
wanted to mention is this was during
that transition time of when we got our
uh realized last cruis's approved and he
may have mentioned this. I had to step
out for just a moment but we had just
gotten we had already submitted. We just
got realized last cruise but we uh
realize approved. So we just decided to
just submit with the existing L city of
Los Cruuses. So there was a decision
that was made at that point in time just
to keep moving forward as we were along
that path. And then the only thing I did
mention or recognize in looking at the
presentation is that last bullet says
the condition being that if the master
plan does not get approved on or before
December 31st, the developer will not be
required. I think that should read if it
does not get approved by December 31st,
the developer would be required,
which he does mention correctly here. So
the last bullet here is the development
recommends approval
being that if it's not approved by
December 31st,
basically there would not be a parkland
dedication. And I just wanted to bring
that note if that makes sense that I
think this statement should be they do
recognize that if this does not get
approved honor before December 31st they
are responsible for the dedication park
fee and Lou and just wanted to clear
that up but I'd be happy to answer any
questions you all may have or stand for
any comments.
Steph do you agree with the comments on
that one just so it's on the record.
Mr. Chair, staff does agree.
Thank you.
Um to the commissioners, do you have any
any questions for the applicant? Yeah.
Can you clarify the conditions of
approval? So, this one it's clear, but
was there a second one or
uh Mr. Chair, Commissioner Kaiser, there
was not a second condition. It's just
the condition of parkland dedication or
a fee in lie of
Okay. So this
trigger uh December 31st would only
apply to the parkland dedication and it
wouldn't apply to the rest of the
development standards under
realize
uh Mr. Chair, Commissioner Kaiser. Um,
that is correct. The when time of
development comes for the construction
plans um and actual development of
houses, they would um at that time
follow all conditions or development
standards of realized Los Cusus um
because at that point realized Los Cusus
will be our only code in effect.
Okay. So any construction
uh would fall under realized Los Cusus.
Mr. Chair, Commissioner Kaiser, that is
correct.
Okay. And then on the subdivision,
if if the master plan and the
subdivision are not approved before
December 31st this year, then the only
thing that would change for them is the
park development
piece.
Mr. Chair, Commissioner Kaiser, that is
correct.
Why why would the other requirements of
realize kick in?
Uh Mr. Chair, Commissioner Kaiser,
because at this time um they are
following all of our regulations of um
our 2001 zoning code um as well as um
the chapter 37 of the subdivision code.
Um and at that time there is no
requirement to dedicate parkland for the
area.
Right. But if if what you're saying is
that uh come January 1st, 2026,
if they still haven't received approval,
then realize Los Cusus would kick in
requiring them this new park dedication,
but it wouldn't then apply to any of the
other subdivision standards.
Don't understand why it would be one and
not all.
Mr. Chair, Commissioner Kaiser. Um the
reason as to why realize would only
affect the development standards um as
far as parkland dedication is because at
this time um as I said before we are
transitioning between land development
codes. Uh so there is a grace period
where any developer can come in if they
are approved before December 31st. Um
they are allowed to you utilize either
our old code um which would be the 2001
code um or realize Los Cusus.
Yeah, I understand that. I guess what
I'm not understanding is why the trigger
would only be for the park dedication
and not everything.
Mr. Chair, Commissioner Kaiser, um as it
sits, um looking at the preliminary plat
um based on the zoning designations, if
we were to utilize realized Los Cusus,
this does exceed all of those
development standards as far as minimum
lot width, um of the zoning designation.
Um, and please forgive me, I I don't
remember the zoning designation offhand,
um, with it being either NH3 or NH1
suburban. Um, but it does exceed all of
those development standards already.
Okay. Thank you. That's helpful. That
clarifies my question.
But I
to your point I think I think they would
have to if it if if it's denied today
then they would have to actually come
back with amendment before the end of
this year. Is that correct
Mr. Chair? That is correct.
Okay. And then they would have to add
parkland or park fees in loo and stuff
like that today. Right
Mr. Chair. Yes. If um we cannot get them
in before January.
But okay. And then but today we're the
we're this is the master plan that we
would be approving and then this would
make everything okay according to the
condition.
Mr. Chair, that is correct.
Thank you. You guys got any more
questions? All right, we're going to
open it up to public input
and we're going to give you we'll give
you three minutes to talk. Uh can you
please state your name?
Eugene Hanway.
Uh do you swear or affirm that the
testimony today is true uh to the best
of your ability?
Yes, sir. Go ahead.
So, uh, this, uh, specific plot of land
is very desirable in our area. Larger
lots, um, Los Cruians are tired of
living on small postage stamp lots. So,
these are highly soughtafter lots. By
you delaying the vote to agree, all
you're doing is you're passing more cost
on to us to put in this park that we
don't want anyway. Um, so the I
understand the realize Los Cruus's piece
is to better communities and things like
that, but the target audience of this is
not for that. It is for retired folks
that want to come in and live a life on
a larger lot and not live on top of each
other. Um, so again, by you guys
prolonging this process, all you do is
pass the buck on to the land owners
because that's who the developer is
going to pass that dollar on to because
he's going to have less land to sell. So
that means that he will charge more for
his lots. So I encourage you guys to
approve this today so that we don't have
to go keep going back to, you know,
redoing surveys and because all that
does is cost more money. um and prolong
things which the economy is headed in
the right direction today and costs are
going up for diesel for everything else.
So all it does is raise cost lots. So I
encourage you all to approve this today.
That's all I have.
Thank you.
Anybody else on the Let's go on the left
side.
Um and when I say left side, my sorry my
left over here. Anybody else on that
side?
Okay, seeing none. Anybody on the right
side?
All right, I think everyone's good.
So now, um, we can go ahead and
commissioners, got any more questions?
Okay, we can, uh, now go to a vote, but
we got to separate the vote back to we
got to reinstate the rules.
We're good now. Okay, so we just got to
make a motion for eight.
Okay. So, we can just make a make a vote
for 8.3 then.
Just a point of order. So, the motion
would capture the condition that staff
was recommending.
Okay.
This is on the vote for 8.3.
Commissioner A. Costa.
Yes.
Commissioner Murray,
yes.
Commissioner Kaiser,
yes. based on staff recommendation in
consistency with elevuses
and chair. Yes.
Motion to hear.
Now we need a motion to hear 8.4.
I make a motion to hear 8.4.
I second.
All right. Back to staff for the
presentation. Or I guess we just go
straight to the a vote. Sorry.
This is on a vote for a 8.4.
Commissioner A Costa,
yes.
Commissioner Murray,
yes.
Commissioner Kaiser,
yes. Based on my previous findings
and chair,
yes. Thank you.
And I don't think we have any any items
for discussion tonight.
And do we have any staff announcements?
Mr. chair. Just wanted to uh remind you
all um holidays are coming. Uh November
and December we will be moving those uh
commission meetings up a week since
we'll be on the the fourth Tuesday will
be the holiday week. So please make
please plan accordingly uh to assure
that we're here that third Tuesday of
November and third Tuesday of uh
December since uh everything is moving
up a week those those two months.
Thank you.
Mr. Chair, Chris Faber, community
development director. I I just wanted to
let everybody know that we will be
bringing some amendments to realize Los
Cusus back uh in October. So, it's
important that we do have quorum. So,
we'll be reaching out early to make sure
that we can get quorum for those. It's
just minor tweaks and things that we've
been improving over the over the course
of the year, but uh it'll be critical
for our timing to make sure we do have
quorum. Thank you.
Right.
All right. Any any other ones? All
right. So,
motion to adjurnn.
I'll make a motion to adjurnn.
I second.
All in favor? Hi.
Hi. Hi.