foreign
[Music]
foreign
[Music]
welcome in everybody uh to the October
25th uh Planning and Zoning commission
uh meeting with the city of Las Cruces
uh can we can we get a a motion for a
call to order
I'll Motion in color order
I second
board member Kaiser yes former Smith yes
board member Vega yes former Bennett yes
chair Guerrero yes
all right thank you very much uh first
of all could we is there any conflict of
interest uh tonight
seeing none uh we'll move on to
accepting the agenda
mostly our motion to approve tonight's
agenda
What's On Second
remember Kaiser yes board member Smith
yes former Vega yes former Bennett yes
chair Guerrero yes
thank you very much uh moving on uh the
approval of last month's meeting
I just have two quick uh comments on
this uh for the board members present
commissioner Guerrero was virtual I
don't know if we need to notate that or
not
um so that's one and then on page eight
um
there's a miss a tribution uh line 26
has commissioner Kaiser uh yes I believe
should actually be up online 24 for Mr
Martinez
and that's all
right perfect uh do I was actually
wondering that too because I was here
virtually if I should abstain from
voting nope okay all right well uh would
somebody like to make a motion to
approve the minutes with the with the
corrections
all motion to approve the minutes with
the corrections I'll second
remember Kaiser yes
yes former
I'm staying there wasn't here thank you
board member Bennett yes
uh yes thank you very much uh perfect
thank you moving on uh do we have any
postponements for uh tonight
Mr chairman Adam Ochoa Community
Development for the record we do have
one postponement tonight it's uh item
number 9.2 under new business it's the
2560 Samaritan Drive special use permit
case number
2201000098 uh requesting to postpone
that to uh next month meeting in
November please
okay perfect thank you very much could I
uh get sorry uh we don't have a date do
we have a date for that meeting for
November that we don't have an exact
date yet uh but we will be
re-advertising this case uh uh uh so
it's not going to be date specific yes
but but we will still be re-advertising
to make sure we get those notices out to
the public
so I don't need to put in the motion a
date specific oh sorry okay no that's
fine perfect commissioner Bender would
you like to make a motion uh make a
motion to postpone 9.2
to the the following meeting
a second okay
board member Kaiser yes board member
Smith
yes
board member Vega yes board member
Bennett yes yes
thank you very much
um moving on uh on to the consent agenda
do we have a motion to approve the
consent agenda
um
yes I'm sorry but you forgot public
participation oh my goodness I am so
sorry I apologize for that um yes uh do
we have any members in the public that
would like to speak on anything that is
not on the agenda tonight
this would be for an item that is not
listed
okay perfect in that case can we get a
motion to approve the consent agenda
please oh no sorry we don't need to do
that I might apologies uh we were on uh
public participation absolutely yes now
we can move on to the consent agenda
just let you know members from the
public did have uh would like to
basically speak about one of those items
sir so they would like it removed
essentially oh okay absolutely
um is there which which item was it yes
sir it's case it's uh item 7.2 the 12
Brook subdivision unit three block five
replay number five
case number
22 cs0500
hopefully just one more zero nine seven
okay of course so in that case a
question for uh for City staff should we
uh should we just go ahead and hear both
of these we don't need to vote to
to prove it so essentially what you can
do sir you could uh have a motion to
remove that one agenda or open it up to
see if anybody else would like to remove
the other item as well if not you could
go ahead and vote to move the agenda to
to I guess amend the consent agenda to
move that one item to new item be the
first item on new items and then go and
vote and approve the consent agenda for
that one case okay of course
I I make a motion to remove 7.2 from the
consent agenda and moving it to new
business
perfect can I get a second a second
board member Kaiser yes farmer Smith yes
board member Vega yes former Acosta yes
board member Bennett yes yes
perfect in that case
um I'm still a little confused so are we
we are voting
okay excellent so uh would anybody like
to make a motion to approve the
remaining item in the uh consent agenda
I make a motion to approve the consent
agenda a second
board member Kaiser yes well member
Smith yes board member Vega yes board
member Acosta yes board member Bennett
yes chair Guerrero yes okay thank you so
much and now I now I know what we're
doing so uh seeing that we don't have
any old business we are going to move on
to new business starting with uh that
item uh 7.2 uh do we have a presentation
from a city staff
yes sir we do and I'll pass that along
to uh John Gusty over user
good evening members of the commission
today we have for you tell Brook summary
subdivision unit number three block five
replay number four I apologize it is a
typo and that is supposed to be number
five
um
the current current conditions of the
property is the property is located at
5101 Los Alturas drive it currently sits
as vacant undeveloped land it is a
commercial lot that encompasses one
point
is a commercial lot that encompasses
1.057 Acres it's currently zoned to C2
which is our commercial medium intensity
the development of the neighborhood
consists of duplexes and triplexes
within the area it is also located along
the arterial collector and local
roadways providing access via Los
Alturas Drive tell Brook Road and cult
Road
the next image that we can see here is
going to be the zoning of it the subject
property is highlighted
uh this is an aerial image of the
property once again the subject image is
highlighted surrounding it is
other multi-family and single-family
housing
this is essentially what the property
looks like Northbound on Los Alturas
and then looking Southbound on Los
Alturas
The Proposal today is a
non-administrative replay it's taking
the one lot and dividing into two
commercial Lots the lot sizes are going
to be 0.504 acres and 0.553 acres in
size currently it meets the subdivision
code design standards in the 2001 zoning
code
um housing plan and active
Transportation plan I apologize that
last one is that error on my part
all reviews were sent to All relevant
agencies and departments all supported
the proposed non-administrative replay
notice was also sent to the surrounding
properties staff at the time of the
presentation was created there were no
phone calls received how after shortly
after the presentation was made there
was a phone call regarding the property
and the development that would occur on
the property
um on September 28th of 2022 this um
non-administrative replay was taken to
the development Review Committee or DRC
which reviews subdivisions from an
infrastructure utility and Improvement
standpoint there was discussion on the
property the DRC recommended approval
for the proposed replant
today's staff's recommendation is
approval based on the review by relevant
City staff
and the proposery plot known as
telebrook subdivision unit 3 block 5
replant number four complies with the
requirements and standards of the CLC
subdivision code
uh the two new lots are going to be
created by the pla comply with all
requirements of the 2001 zoning code AS
amended the intent and purpose of
elevate Las Cruces comprehensive plan
and the design standards it was also
provided a recommended approval from the
DRC on September 28 2022.
today the options before you are to vote
Yes to approve it as is the vote noted
and I or vote Yes with conditions or
vote to table
thank you thank you very much uh do we
by any chance have a representative of
the applicant
okay would you like to say some things
about the the presentation
oh one yeah one sec
we have the applicant walking up right
now are the applicants representative
perfect thank you uh good evening my
name is Marty pillar here representing
the applicant and what I'd like to do is
just uh hold off on any comments with
you until we hear from the adjacent
neighbors absolutely to address their
concerns at that time also yeah that'd
be great before we move on to that do we
have any comments or questions from the
commission
seeing none sir would you like to come
and speak and ask her a question
all right so first of all I I do need to
swear you in uh I'm going to be brief oh
I I still need to swear you in if we
could get your name uh for For the Rest
name and Sydney C Herring okay and and I
own the property at 4033 oh perfect I
just I need to assure you in real quick
though uh do you swear in affirmative
testimony you're about to give us a
truth and nothing but the truth under
penalty of law
you want the right hand yes I do yes
sorry go ahead okay my name is Sydney C
Herring I own the property at 4033 Colt
tell Brook subdivision Los Alturas and I
share 327 foot of adjoining property
lines
my biggest concern is drainage
my property is approximately six foot
below the Los Alturas property grade
after the house on the east side of my
property built an additional apartment
on the back of their home I've had
flooding in my garage
it would be necessary for me to approve
drainage and possible retainer walls
before I'd feel confident in giving
approval to the project
not knowing what type of property or or
how many units would be built is another
concern and it would be the traffic flow
Brook Road is a main access for
approximately six subdivisions
and that's what I have to say
thank you so so much for anybody else
from the public like to comment on on
this case
no well the my main concern is drainage
and and traffic flow okay in summary
perfect thank you so much now uh with
the applicant like to uh come and
respond
thank you very much sir for your
question
can we need to get swear this morning
yes let's do that if we could get your
name please yes sir uh Martin Piller
okay and do you swear and affirm that
the testimony you're about to give us
the truth and nothing but the truth
under penalty of law yes all right
perfect
okay what we're looking at on the
splitting of this properties we're going
to be splitting it into two Parcels on
those Parcels we'd like to be putting in
a duplex on each parcel
and
our access will come from Los Alturas
we've been in touch with the nmdot to
obtain a driveway permit so our access
will be coming from Los Alturas on both
of these properties
when we're looking at developing these
properties of course we have to meet the
city of Las Cruces design standards and
that includes drainage that we cannot
drain prop drain runoff onto adjacent
properties we have our increased runoff
we have to retain on-site per the
standards and when we do move forward
with building plans all those things
will come through the city staff and be
reviewed under the building permit
thank you thank you very much
to now moving on do we have any uh
questions or comments from uh the
commission before oh sorry
Oh Yeah from the commission before we
take this to a vote
seeing none I don't think I have any
questions either or or comments uh could
I get a motion uh to vote for this uh
agenda item
I make a motion to approve 7.2 okay can
I get a second
hi second perfect
board member Kaiser
yes based on staff recommendation and
consistency with Elevate Las Cruces
board member Smith
yes uh based on staff recommendation and
these requirements for replaced
a site visit and staff recommendation
foreign
staff recommendation board member
Bennett yes based on staff
recommendation and Elevate Las Cruces
chair Guerrero uh I will as well vote
Yes based on staff recommendations as
well
perfect uh this uh this motion passes
we'll move on to the next uh item and
also final item really quick of uh of
the night case number 9.1 162 Wyatt
Drive
foreign
good evening ladies and gentlemen um
Adam Archer again Adam Ochoa plans
examiner inspector supervisor slash
acting senior planner for the record
um a little rest day I used to do this
all the time uh it was a lead
commissioner Bennett remembers me
um I used to do this for a long time so
I'm Gonna Knock the rust off a little
bit let's see how we can do this
um so last case we have tinnitus for a
special use permit uh for 162 Wyatt Ave
Wyatt Drive pardon me for case
22010098 uh currently the subject
property is on C2 commercial medium
intensity and it is actually a a
developed commercial property but it is
vacant actually it has been vacant for
several years now it is roughly about
0.264 acres in size and it is located in
a largely commercial
concentrated area with a lot of
commercial zoning and uses uh there are
currently uh I believe three cannabis
related locations near this property but
I believe those are retail the one we're
looking at tonight is our micro business
to clarify
here looking at the zoning map such
property located here in the darker pink
shade as you can see all this light pink
and dark pink it's all commercial zoning
so it's a definitely one of our big
commercial corridors in the city of Las
Cruces of course just two properties
away from El Paseo Road
shown here in the aerial the subject
property located right here like I said
just one one property away from the
intersection of Wyatt drive and El Paseo
Road
uh again what they're proposing tonight
essentially is a cannabis micro business
uh essentially they're here for the
special use program because as the
ordinance reads a special use permit is
required for a micro business and or
retail if it's within 300 feet of
another micro business and or retail uh
business so essentially what we have
here is this property is essentially a
130 feet away from the closest cannabis
retail location which actually just got
approved last month here at the planning
zoning commission right literally right
next door at 10 30 help us sale it is
approximately uh 170 feet shy of the
required 300 feet minimum distance
buffer uh from from cannabis's
businesses
all other buffer distances are being met
from any single family zoning from any
uh a daycare and school as well uh the
proposed development will be required to
follow all city of Las Cruces
requirements for when building permits
come in for the Redevelopment of the
property and all state and New Mexico
the city of New Mexico regulations uh
governing cannabis micro businesses
here are a couple of uh maps that the
property owner showed as I stated before
the one business that is about 130 feet
away from them in in the rear I don't
have another aerial for you get a better
reference to what we're talking about
but like I said if distance from the
subject property to this one is about
130 feet it is also about 162 163 feet
away from another retail business West
on Wyatt Drive
I'm going backwards my apologies and
there it is also about uh 277 feet away
from another uh retail business that's
located at the old uh Payless shoe
stores across the street from an El
Paseo and here's just a quick photo of
the subject property showing that it is
an existing commercial property but
definitely as you can see been vacant
and left alone for a while now
again here's that aerial if you could
get a better point of reference the
proposed micro cannabis a cannabis micro
business part of me will be located here
a special use permit had has approved
for a cannabis retail here
cannabis retail is located in this small
shopping center as well and the ones
located here as well like I said across
the street on helpless sale
once staff took a look at this uh we
when we analyzed this we saw that
there's located in the major uh
commercial Corridor also wanted to bring
up the fact that we hold these cannabis
pre-submittal meetings or pre-meetings
with the people interested in cannabis
related businesses and just the the
difficulty to find commercial property
that's willing and wanting to rent or
lease to cannabis a
cannabis related businesses is getting
difficult out there which is why we're
seeing a number of these special use
experiments come before you a special
use permit would allow the occupancy of
a long vacant commercial property and uh
so that staff's analysis the site does
seem suitable for the proposed micro
business retail just being kind of a
small aspect of this micro business
because along with the micro the retail
it's also production manufacturing so
it's kind of an all-in-one shop it's not
just retail that'll be going on in this
property
The Proposal uh the staff also believes
is in harmony with the 2001 zoning code
and the Elevate Las Cruces comprehensive
plan
public notice was sent up to surrounded
Property Owners uh as of when this
presentation was made uh no public
output came in from from anybody
with that staff does recommend approval
uh based on the findings uh
listed here and located in your staff
reported as well including its
compliance with the 2001 zoning code and
uh basically the fact that they will
follow all requirements of the city of
Las Cruces due to all our regulations as
well as the state of New Mexico
regulations also
with that ladies and gentlemen your
options tonight is one but yes and
approved the proposed special use permit
as recommended by staff with staff's
findings two to vote no and deny the
proposed special use permit just a
reminder if you do vote to deny that
does require separate and additional
findings for that vote for denial three
to vote Yes with conditions uh as Dean
any conditions deemed necessary by the
commission or for the table postponed
and direct staff in the applicant
accordingly
that is the end of my presentation the
applicant is here as well and she has a
presentation uh but I stand for
questions if you have anything for me
now
absolutely before we move to the
applicant's presentation do we have any
questions from any of the Commissioners
for staff
I just have one brief one um I just want
to know do a little clarification with
the difference between a a larger retail
cannabis business than a cannabis micro
business
uh Mr chair commissioner Smith uh
basically the difference is
cannabis retail is strictly that they're
just selling it out of their location so
essentially the whole building is being
utilized for the sale of cannabis micro
business kind of gives you a little bit
of hodgepodge of everything where you
can produce you can grow you're limited
to how much you can grow you're limited
how much you can produce and you can
sell on site as well so it's so in other
words a small building will be utilized
for multiple purposes related to
cannabis essentially
all right thank you yes sir thank you
yeah
are those uh restrictions that you just
sort of alluded to is that
defined in the code or would that be
conditions of this approval this
Specialties permit Mr chair commissioner
Kaiser it is part of our ordinance uh we
have a definition for micro business as
well as the state so they will have to
follow and abide by those guidelines
okay thank you I think in in the future
it would be good to see what those
definitions are and the staff report at
least and I think the community would
appreciate that as well definitely we
are actually currently working on kind
of a standard if you will uh because we
are seeing more of these come along so
we'll have more of a like a staff
standard type of report for y'all and
that will be coming sir excellent thank
you and then my last question is so this
is also located
um in close proximity to the application
that we reviewed at our last meeting is
that correct yes sir that is correct
um and as you know that that meeting we
had quite a turnout from the church
that's adjacent to that application so
I'm just curious did you get any
feedback from them at all in this
particular application Mr chairman
commissioner Kaiser doser as from the
staff knows we haven't heard anything
from anybody sir and as far as we know
they were notified
yeah
yes sir the the all all applicants all
part of me all Property Owners within
500 feet of the property were sent to
notice and since I made those letters I
actually saw the name of the of the
property owners uh basically essentially
the same as they were before sir okay
understood I just wanted to to make sure
since they obviously had some concerns
at the last meeting so
that's all for me thank you
perfect do we have any more uh questions
or comments from the commission
does not look at it uh you mentioned I
think there's a uh or the either
application representative from the
applicant uh yeah we'd love to hear a
presentation
before we get you started uh I'll go on
Instagram can we get your name please
my name is Lewis Robinson okay perfect
and do you uh swear and affirm that the
testimony you're about to give us the
truth and nothing but the truth under
penalty of law I do okay perfect yes
please go ahead
so my name is Lewis Robinson and I am
here representing turquoise Bloom Inc
I'm sorry
um turquoise Bloom ink has applied for a
micro business and Retail licenses
through New Mexico and licensing
department cannabis control division we
have received our manufacturer class 4
license we have received our cannabis
retail license our producer's license is
spending as of today
we 162 Wyatt Drive
after spending months looking for a
location
we found and are hoping to secure this
location
as of today we are bringing this
building up to codes in ADA compliance
the buildings building size is our is a
little over 2 800 square footage uh 1
370 square footage will be used for
growing
a remainder will be used for
manufacturing and Retail
homeless and vandalism has been a big
issue in this area
turquoise Bloom is in hopes to purchase
this building and make the required
upgrades and hopefully eliminate
homeless and make this area a safe place
for for all of us
our goal is also to provide employment
to some people of the community
we will be contributing to the state of
New Mexico by paying taxes we will also
contribute to non-profit organizations
to benefit our community
turquoise Bloom Inc has filed for a
special use permit due to other cannabis
businesses near and right now we don't
meet the 300 foot requirements like Adam
mentioned
um
so
my spots it's at 144 White Drive and we
are 102 feet from from that location
uh 10 30 elpa sale we are 130 feet from
from that location uh
[Music]
1007 official uh wrote is we are 277
feet from from our location
uh measurements were taken by Google
Maps so I'm not sure if that's accurate
um
so at 162 White Dry we will be growing
medicinal and recreational cannabis
we are we will also be manufacturing
which means that we will be extracting
doing extraction uh we will be doing uh
some baking uh we will be doing our
Edibles in the facility we're hoping to
what we have a small area designated as
our little kitchen for baking and
prepping
we also have the retail license and we
are in hopes to
that to to get uh
approved so we can sell or have sales of
our mentioned items that we will be uh
Manufacturing
our plan is to mean to install lighting
cameras and alarm systems on this
building for protection of staff and
potential customers
um
we are hoping to have five employees or
our goal is to have five employees on
site at all times which one will be a
full-time grower and one will be a
full-time employee to scan licenses
driver licenses or IDs as required by
the state
one full-time security guard will be
employed for everyone's protection
protection of staff and everybody
entering our building
we turquoise balloon will abide by all
regulations of New Mexico Regulation and
Licensing Department cannabis control
Division and no one under the age of 21
will be permitted to enter a facility
except qualified patients with it with a
medicinal card
we are asking uh consideration in
granting us a special use permit at this
location as we are taking this vacant
building and making good use of it by
bringing it to codes and contributing to
the community
thank you thank you very much well
perfect uh we'll uh can we move to uh
public participation does anybody from
the public uh would like to make a
comment or have any questions
it does not look like it well that's
that's perfect
um
I'm sorry I'm sorry any questions over
the applicant yeah uh staff do you any
of you have any questions for the
applicant that's exactly where I was
moving sure go ahead and commissioner
Costa just for clarification on the
actual retail sales of it is strictly
medicinal is that what you said only
with the only can get into your building
with a medical card so we are growing
medicinal and recreational use cannabis
uh
we will have uh if you if there is
someone the age of 20 they can only
purchase with proof of a medicinal card
they we we will be carrying both
medicinal and recreational uh cannabis
okay thank you
so anybody else in the commission have
any any questions for the applicant
does not look at it I have the same
question as commissioner Costa but I'm
really glad that you answered it as well
uh thank you very much well in that case
uh could I get a motion to uh vote for
this uh agenda item I make a motion to
approve 9.1
can I get a second please a second
perfect
board member Kaiser yes based on staff
recommendation and consistency with
Elevate Las Cruces board member Smith
I vote Yes based on staff recommendation
and meets the purpose and intent of the
code board member Vega
I have a yes based on site visit and
meeting Elevate Las Cruces board member
Acosta I vote Yes based on staff
recommendation board member Bennett I
vote to approve based on staff
recommendations this also meets Elevate
Las Cruces along with neighborhood
character and compatibility chair
Guerrero I will also vote Yes as well
based on staff recommendation Elevate
Las Cruces and just really wanting to
see that area revitalized as well so
thank you very much uh the the motion
passes
perfect uh moving on uh we have
discussion do we have any anybody would
like to add anything to the discussion
tonight
Mr chair I do have a couple items I want
to bring up to the commission as we all
know the holidays are here
boo yay whatever however you feel about
them
um but that but that being said
um
uh we do have a plan and Zoning
Commission meeting scheduled for the
Tuesday before Thanksgiving and then we
also have a planning zoning commission
scheduled the Tuesday right after
Christmas I believe Christmas falls on a
Sunday this year or Saturday on the
weekend and then staff is off Monday and
then we're here back at it on Tuesday so
it's last question to you all is would
you like to keep them as is uh so give
you exact dates that'd be that'd
probably be a better thing to do here so
it'd be on November
here we go November
22nd will be the meeting uh during the
during near the Thanksgiving holiday and
then it'll be November I'm sorry
December
27th like which like I said it'll be
about two days right after Christmas uh
the week right before New Year so uh
question to you all in the past we have
moved these meetings up a week uh to
kind of allow for people to travel or
whatever it is that you do you have
plans uh so we've we have done that
before more the Christmas holiday
because that's one more extended times
taken typically but I leave it up to you
all to discuss it would you like to move
those meetings up a week we still we
just have still does have time for all
advertisement requirements those will
all be met all public notice
requirements will be met as well the
only difference is we'll be moving these
uh up a week
thank you thank you very much uh does
any of the Commissioners have any
comments or suggestions for staff
I would welcome that I will be traveling
the week of Thanksgiving
um TBD that week after Christmas but I
also think for the interests of public
participation it's not great to have
meetings I think immediately before or
after a holiday
okay seeing a lot of nodding heads so
that being said I guess
um
so then I guess the staff will just uh
you will begin staff to then move the
November meeting will be moved to
November
[Music]
the 15th
so just please mark your calendars on
that but I will be sending that email
out reminding you all the week before
and when your package is being delivered
so that'll be November 15th uh for our
November meeting and then that'll be
December 20th for our December meeting
okay if we have one we'll definitely
have one in November uh we've got to
look at our case we'll see how we are
for for December but more unlikely we'll
have one too so but we'll go to move
those up for you folks and we'll start
sending out those agendas and everything
like that okay
other than that that I don't think we
need to vote on that uh because we're
still going to meet all public
notification requirements so
um that's all that stuff has thank you
perfect and we don't we don't have staff
announcements
no sir does not look like it
other than that yeah well this this may
be one of the shortest meetings that
I've been a part of in the PNC uh but
could I get a motion to adjourn the
meeting
a motion to adjourn I'll second all
right perfect
then we are ready to go thank you very
much everybody for uh for attending