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you're
live all right good evening uh we will
go ahead and call this meeting to order
welcome to the December 17th uh planning
and Zing commission for the city of L
cruus um do we have any conflicts of
interest this evening seeing none um is
there anybody who wishes to speak on an
item that is not on tonight's agenda can
I see I see one hand would you come
forward please
sir sorry guys it's all right I can't
see you state your name for the record
um good evening Commissioners Gregory
shanic for the record and do you swear
or affirm that the testimony you're
about to give us the truth and nothing
but the truth under penalty of law I do
I'll give you three minutes go ahead
thank you sir um Commissioners on August
the 27th I addressed you uh for at a
case number uh and I want to repeat this
so that it's in record case number 24
cs05
000000 64 it had to do with a plat for
Royal Crossroad development um in the
subsequent meeting in September on page
22 of the minutes you AC accepted my
words concerning that the parcel next to
this parcel which wishes to have
multihousing um has a Hort
Su ability on it but that has not been
built based on the FF a and other
organizations it putting a housing
complex in a very small area would not
be a wise decision so I'm asking this
body to speak with staff
concerning the Su which is presently for
the hospital but unbuilt and now removed
from this body's ability to give in the
realized Las cruus zoning change
that they remove the Su from the
hospital and so that the complex for the
city of Los Cruses can apply for
lowincome tax credit of 9% allowing for
multifam housing at the appid DOA Park
blueprint area which is in the third
place at this particular time for the
ability to have uh a 9% interest rate on
the December the 2nd the city of Los
Cruses uh at a city council
meeting made a video concerning these
properties and the ability to House
people in Los cruus which was what
realized Los cruus is all about so the
December 2nd city council meeting at the
videotape two hours 12 minutes and 6
seconds to 21 minutes and 20
seconds uh allows you to understand
about the ability to House people in the
city of Las cruus removed the Su which
is now not being used and is not
allowable under realized Los cruus thank
you very
much thank
you all right anybody else in the
audience who wishes to speak on an item
that's not on tonight's agenda seeing
none um we are going to move to the
acceptance of the agenda this evening um
we're doing things a little bit
differently than we have in the past um
so going forward the acceptance of the
agenda will also approve the meeting
minutes uh from the previous meeting as
well as the consent agenda so going
forward when we accept the agenda uh we
will also be approving the minutes and
the consent so if there's any um if we
need to make any clarifications to the
minutes or we wish to pull an item from
the consent agenda we need to do it at
this time so um are there any comments
or are there any corrections that need
to be made on last month's um meeting
minutes all right um and is there
anybody on the commission or the
audience who wishes to hear a
presentation and a discussion on the two
I one of the two um consent agenda items
that are shown on the agenda if we can
pull that back
up I think you can see that yeah behind
me um so anyone wishes to hear uh any of
those items please speak
now um coming to the commission I'm not
seeing any need to pull so um with that
we will go ahead and I need a motion to
accept uh tonight's agenda Mr
I make a motion to accept uh tonight's
agenda I
second all right this is on the motion
to accept tonight's agenda and proove
the
minutes commissioner Smith yes
commissioner aosta
yes commissioner Murray yes and chair
yes thank you all right moving on to new
business um our first item this evening
is 7.1 a request for special for a
request for special use permit to allow
a cannabis based business less than the
required 300 foot buffer um and I
believe this is located in the Downtown
Development code 300 North Main Street I
will turn it over to staff for a
presentation good evening commission uh
tonight we have a special use permit uh
request um for a cannabis micro business
located at 300 North Main
Street uh the current conditions of the
property is it's located within our
downtown overlay Zone uh with a sub
zoning designation or zoning designation
of uh ddcm which is our Downtown
Development code Main Street um as said
before the property is located at 300
North Main Street um at the intersection
of Main Street
and Los crusis um and the property is
approximately .27 acres in size um this
area has been operating as a shopping
center with various commercial
businesses um there used to be a
restaurant um and there's a few offices
some retail
businesses um those kinds of things um
so the the proposed use it doesn't um
isn't out of context with the
surrounding
neighborhood um as you can see here it's
a zoning map um that shows the subject
property highlighted um and that it's
within our
ddcm um uh here's an aerial image of the
subject
property uh so today the applicant is
proposing a special use permitter Su to
manufacture um cannabis based products
at a small scale um and the reason as
this is coming forward is because it
will utilize a commercial kitchen of an
already existing cannabis-based business
uh the proposed business will uh conduct
its business uh during non operational
hour of the existing cannabis business
known as the
kitchen um the reason that it comes to
us before in Su is because it does not
meet the buffer distance from one micro
business to another or one cannabis
based business to another cannabis based
business um however it does meet the
buffer distance
between
um single family zoning districts as
well as any school or dayc carees that
are within the area um they also will
follow all CLC and state of New Mexico
regul governing cannabis related
activity as we can see from here in the
images um this would be the outside
looking on uh Los Cruses Street uh here
we can see um going down North Main
Street uh this is going to be the
kitchen which is a current cannabis
retail and uh manufacturing business um
so in the off hours of the kitchen uh
the new proposed business will come in
um and utilize the commercial kitchen to
make their cannabis products um those
cannabis products will be wholesale some
will go to the kitchen and some will go
to other cannabis retailers uh
throughout the city uh the other image
is looking uh through the courtyard of
the little Plaza
area um so here I have the subject
property highlighted uh this is an
approximation it could be a little bit
bigger or smaller um but this is roughly
where the suite is going to be located
um so all public um notice and input um
was given to all reviewing staff um
reviewing staff had no comments
regarding the proposed establishment um
notice was sent to All surrounding
properties within 500 ft uh staff did
receive one email with concerns for
safety and hours of operation um because
of uh safety reasons that would be in
the uh area as to
why um they
they're worried with the new business
coming
in uh today staff does recommend uh an
approval based on the following findings
uh the subject property meets the
distance separation requirements from
any school
daycare uh school or daycare or nursery
and single family residential district
uh the subject parcel as it exists is
surrounded by commercial land uses of
similar context um and meets the purpose
and intent of section 38-2 of the zoning
code uh they will also meet all
requirements outlined in the zoning code
um and those stipulated by the state of
New Mexico will be
followed it also meets the intent and
purpose of elevate Los cis's
comprehensive plan as it's located
within our downtown Place type and it's
adjacent to two mixed use corridors uh
to the north of the downtown
and south of
downtown so today your options are to
vote Yes to approve uh vote no to die uh
vote no to deny vote to amend or vote to
table
thank you any questions from the
commission no I just well I guess a
quick question so basically you know the
um new business is just sharing space
with the old business basically doing
the same thing producing the same type
of products Mr chair commissioner Smith
that is
correct Mr
chair um quick question for you so
he's requesting an
Su however currently it doesn't meet the
standard of the buffer correct as it
stands Mr chair commissioner kosa that
is correct it doesn't meet the 300 foot
distance requirement between cannabis
businesses thank you and this cannabis
business is basically the one in the
same building so I I understand how it
doesn't meet the requirement for the
buffer but the business that they're
requesting the variance for is open and
receptive to them coming in
and and establishing their business also
correct Mr chair commissioner Smith that
is correct
um paron thank you John Adam oo
Community Development for the record uh
to clarify for you commissioner correct
so they don't meet the distance
requirement of 300 ft from a cannabis
related business AK the micro business
from another cannabis micro business but
through the special use permitting
process uh the planning zoning
commission has the ability to approve uh
the business to go in there to not meet
that 300t distance based on the Comm
conditions uh belief that if there's any
negative impact on the area uh if
there's any potential uh issues any
health health welfare and safety issues
uh that might be uh uh brought up to the
commission at the meeting as well so
that's kind of why we're here for the
special use permit okay this doesn't
sway my vote one way or another but I'm
going to ask the question if one of the
Commissioners up here does not want to
approve the
Su um what conditions can we put because
we have to give a reason why we would
not want to move forward to approve it
what uh what can we State can we State
because it does not meet the required
buffer
setback and would it be valid for us
maybe that's a question for Le but Mr
chair commissioner a Costa whatever you
deem is an appropriate finding that is
what you need So currently before you
have finings for approval so you if you
are going to vote to deny uh if you feel
that you
know that that you feel it should meet
the minimum 300 foot distance
requirement uh you know if you feel that
there's potentially some type of issues
with two businesses going in the same
location whatever it is you feel could
be a finding is how you would State your
your vote for denial and then State
those findings essentially thank
you so th this business if I understand
correctly is wholesale there's no retail
component out of this
location Mr chair that is correct um it
would be wholesale retail that would be
the only component to it okay so they
wouldn't have they wouldn't have
customers coming in in these hours of
operation once the other businesses
wrapped up for the day U Mr chair no
they wouldn't have others coming in okay
thank
you um is there anybody in the audience
who wishes to speak on this item this
evening all right see none coming back
to the commission any final thoughts or
questions looking for a motion to
approve I move that we approve approve
uh case 24 uh z01
z121 for special use permit I
second right this is on the motion to
approve approve uh case number
7.1 commissioner Smith uh yes based on
staff recommendation and uh it complies
with Elevate lusus in the uh downtown
business type
commissioner Costa no based on it should
meet the three-foot requirement and two
business of uh cannabis in the same
location commissioner Murray uh yes
based on staff recommendation and
utilizing of a similar space for
different reasons of retail and
wholesale and chare yes based on staff
recommendation and consistency with
Elevate Las cruus thank
you all right moving on to to item
7.2 uh this is a request for a uh an
approval of a plan unit development um
out at Red Hawk Estates and I will turn
it over to staff for a
presentation all righty uh good evening
again commission Adam woa uh for
Community Development for the record
this this is a proposed plan unit
Development Special use uh permit uh uh
for final site I'm sorry I'll start over
again final site plan my apologies still
remembering the one from before uh for a
final site plan plan unit development
final site plan known as red Haw Estates
phase three subject property is located
in what would be the northern extensions
what is Voyager Street and Eagle vist
Street uh kind of located on the east
and west side of those streets uh
surrounding what is the existing Red Hot
golf CL uh Golf Course uh subject
property encompasses roughly about 144
Acres with 145 acres in size it is
currently vacant or undeveloped land uh
this area is associated with the metroed
the Pud or planning to development and
is currently zoned with that pey Sub sub
zoning of u3 which is
Suburban trying to give you a better
idea this is really right up there at
the most the farthest Northern uh city
limits of the city of Las Cruz
all this right here is on PE it is what
is the metro plan unit Development
Area you can see here as well all the
everything that's highlighted in yellow
is the proposed final site plan
surrounding what is the existing Golf
Course around here Golf Club the golf
club itself down here to the South
Voyager as I exp explained before will
be uh extended from the south all the
way to the north along the most western
portion of this and Eagle Vista right
over here being extended into it as well
well to give you an idea where we're
at so this is a final site plan that is
proposed in eight separate phases uh
which will bring in approximately 416
single family residential lots uh there
will also be one additional lot uh
roughly about 2 acres in size they'll be
dedicated to the city and utilized as a
park access for the uh this subdivision
area will be via uh the extension as I
stated before a voyager Street Eagle
Visa Street and the eastern most of
extension which would be a near Street
Luna Visa Street as well Lots within
this subdivision range and size between
.16 acres in size and 77 Acres so very
wide range of of lots from your standard
lot to more of an estate
lot here is kind of a picture of uh the
actual final site plan itself uh where
residential homes running along those
residential streets here uh a larger
intersection Street here with a trail
because there's that large transmission
line going through there so uh that
that'll be built as well the proposed
Park will be here that extension of e
Vista and as you can see each phase has
been labeled and colored schemes where
you can see where those phases will be
kind of counterclock clockwise going
into uh uh
development so once St their analysis we
really didn't identify any really uh
life safety or welfare issues uh
additionally on top of that per the 2001
zoning code specifically section 38
49d Point lowercase D1 it essentially
states that uh a con while a concept
plan is required to provide all these
findings as to why we could approve one
a final site plan it just simply States
it must follow uh what is approved with
the original concept plan so in this
case uh staff does feel that the red Hau
estate's phase three final site plan
conforms with Metro the Pud concept plan
uh additionally the proposed roadways
are consistent both with the Metro R the
Pud with their cross-sections and their
design and with City design standards as
well it is located within the Suburban
Neighborhood Place type and it is
providing that as I stated before like a
diversity uh they are all single family
homes but a large variety for large
variety of income and uh and ability to
develop those
lots uh notice was uh sent to All uh
reviews were sent out to all relevant
agencies and departments and all
recommend uh to to approve and supported
the proposed final site plan uh notice
was also sent out to all surrounding
Property Owners per the 2001 zoning code
notification requirements and staff
received no public input for the
proposed uh
subdivision this was reviewed by the
development Review Committee uh which
reviews subdivisions from an
infrastructure utilities and Improvement
standpoint and on November 20th of 2024
after a very minor discussion of the
final site plan the PRC did recommend
approval for the proposed
subdivision with that staff does
recommend approval for the final site
plan uh based on the findings shown here
the final site plan conforms with with
what is the approved concept plan on
Metro uh it is part of the development
that balances benefits for the community
and the developer at once as well uh
based upon staff's analysis uh it it
meets the intent of elevate Los Cruses
comprehensive plan and fulfills the
purpose and intent of the Las Cruses
municipal Municipal Code section 2
382 uh Additionally the DRC did do a
recommend of approval for the final SL
plan during a public meeting on November
20th of
2024 with that your option is one to
vote Yes and vote to approve the
proposed final site plan as recommended
by staff two to vote no or deny reminder
if you do vote to deny you will have to
provide new findings of fact uh uh that
you either discuss or come up with by
yourself three vote to amend for table
postpone and direct staff accordingly
that is the conclusion of my
presentation the applicant is here if
you have any questions for them I stand
for
questions thank you any questions from
commission um I just have one if you can
go back to the um
aerial uh
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the I guess the two little prongs there
I'm kind of right in the middle uh just
to the left a little bit yeah right
there uh is that will that be physically
connected by a
roadway or it's hard to is that that
right there CH Mr chair yes that is the
connection right here so that is
additional connectivity uh between the
the the Pud so there are multiple areas
here uh where it intersects with the
golf course that they will be building
that uh those roadways through there sir
okay thank you
all right anybody in the audience who
wishes to speak on this
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item all right seeing none we'll come
back to the commission um unless there's
any questions or comments looking for a
motion to
approve Mr
chair yes I make the motion to approve
as presented by staff and it meets the
criteria of elevate Los Cruz's
comprehensive plan and fulfills the
purpose of Los cruus Municipal cold
section 2
382 I second
this is on the motion to approve 7.2
commissioner
Smith yes based on staff recommendation
and it needs the um compliance of
elevate Los cr's comprehensive
plan commissioner
Costa yes based on um Elevate Los crues
comprehensive plan and the Los crues
mive code section commissioner Murray uh
yes based on staff recommendation in the
consistency with Elevate loss cruises
and chair
yes based on staff recommendation and
consistency with the Pud and Elevate Las
crusis thank
you all right that's um it for uh our
new business this evening um any
announcements from staff yes Mr chair
just wanted to uh first of all thank
youall for a great year it was a pretty
busy year um uh but we got through it uh
so definitely appreciate all y'all's
times commitment to to uh being on the
planning zoning commission did want to
remind youall I know if you noticed but
uh we emailed everything this time
around uh for your case packets and the
reason for that is we kind of wanted you
to get used to it because starting
January we are moving to what is the I
Compass software where if you've seen
the city councils the way their agenda
is created and how links are attached to
that PDFs and so forth like that we're
going that exact same route so
everything will be digital our new there
will be a whole new agenda it'll have
that little excert for us explaining how
the uh the uh the acceptance of the
agenda will work um so uh but
everything's kind of because of that and
additionally staff having to do staff
reports everything will be coming out a
lot earlier um that being said though if
there's anything that comes out that's
in the staff reports whether it's a a a
pretty decent size final site plan like
we saw tonight or anything else that
might come up in the future that you
would like a hard copy for for Steph
will be more than happy to still print
hard copy a hard copy of anything that
you would need for uh for that and
actually deliver it to you if if need to
be so just wanted to clarify that
starting next year that that is the the
route we're going instead of just a
bunch of attachments of PDFs there'll be
a link uh so we're coming into the new
age when it comes to planning the zoning
so it's a good thing and then thanks GE
city clerk that's what that's rout where
we're going to so uh other than that
that is essentially it sir excellent
thank you um yeah I'll just Echo uh the
changes I think will be um great all the
way around I think it'll give the public
an opportunity to read staff reports
ahead of time um which will hopefully
help um with clarification I know
there's a lot of people that come out
and they typically just see the item
they they don't know anything about the
the case um so hopefully this um will
allow folks to prepare um and and
hopefully have their questions answered
ahead of time um so thank you to staff
for pulling that together I'm looking
forward to that change um and you
mentioned it's the end of the year which
is a kind of crazy um that 2024 flew by
so I also want to extend my thanks to
staff and all your hard work this year
and um the commission as well uh really
excited as we go into the next year to
have a full commission for for the whole
year hopefully knock on wood so um
looking forward to it thank you all for
coming out this evening um if there's
nothing else looking for a motion to
adjourn Excuse
me yes sir i' like
have unfortunately public comment has uh
has
passed
well it's a consideration I'm for
development I understand sir
unfortunately public comment is is
closed you're welcome to come in January
though and and
speak um looking for a motion to adjourn
Mr chair I make a a motion to
adjourn I second all in favor I hi hi
thank you all for coming out this
evening happy holidays and we'll see you
in 2025 thank
you
e for