[Music] good evening and welcome to the july 26 2022 meeting of the planning and zoning commission i'd like to call this meeting to order is there anybody on the commission at this time who has any conflict of interest no all right can i get a is there anybody who has any corrections to the minutes no all right then i need a motion to approve the minutes i make a motion to approve the minutes a second i second board member vega yes board member smith yes i wasn't here so i abstained from voting thank you boar member bennett yes chair gordon yes thank you okay there are no postponements um at this time of the meeting we let the audience have anything to say it's called public participation if there is something you need to say that is not on the agenda this evening please feel free to raise your hand okay sir you may come forward i'll give you a couple of momentum i'm not sure come on two minutes uh commissioner uh chairman and commissioners my name is kerry danes i'll leave in the 600 6100 block of limo road and i would like to respectfully ask that um item 6.2 be pulled from consent agenda and i would like to see a um a presentation because it's right next door to my house i do have some concerns regarding lighting and other things that means okay you can hold those comments what item are you talking about 6.2 yesterday okay in that case uh well you can take a seat and we'll have to pull that item from the agenda and at that at that time i will ask you for your comments thank you for your consideration okay thank you is there anyone else okay then that brings us to the consent agenda apparently there is someone in the audience who wishes to speak so is there anybody who wishes to speak on item from the commission on item 6.1 seeing none all right on item 6.2 we're going to have to pull so you can come up now and you can speak do you want to approve 6.1 i'll wait please don't i'll do both mr chair commission i would just like to request a presentation and after that i could probably give a better uh comment it's my understanding that there's a presentation on what exactly will be done all right is there someone here from the applicant okay sir would you please come forward how about someone from staff john i guess he wants to have a presentation so you're on [Music] oh what's going on john before you start maybe since there's no one interested in having anything to say about 6.1 why don't we just vote on that this way john moscato can leave is there anybody who has any comments or needs any questions anybody in the audience on 6.1 well can i have a motion to just approve that item on the consent make a motion to approve i'll need a second a second board member vega yes for member smith yes bennett yes chair gordon yes that passes okay thank you john anyway okay john go ahead all right good evening commission uh mr chair rest of the commission uh today we're going to bring you the supreme subdivision number one preliminary plot uh currently it is located south of pyeong road and north of lima road which is east of porter drive the property is approximately 0.949 acres it is currently zoned r1am which is our single family medium density mobile and it is as it sits right now it is a vacant undeveloped uh tractive land as you can see from here this is a zoning map the subject property is hatched and highlighted in yellow here's an aerial view of the subject property so a little background on the property is uh right now the applicant is seeking reapproval of the preliminary plot known as supreme subdivision number one on november 1st of 2017 it did go before our development review committee and it was given a recommendation of approval and then in november of 2017 it went before the planning and zoning commission which was approved six to zero so what the applicant is proposing is to survive to subdivide the existing residential lot into four new lots uh these lots will all be roughly 0.234 acres in size all drainage will be maintained by each lot within the property and right now it is proposed for single family residential this is a image of the subdivision public notice was sent to all relevant our public notice was sent to the surrounding properties staff did receive a phone few phone calls regarding the type of development that will be occurring on the property also it was sent to all reviewing agencies and all departments supported the pro the proposed preliminary plan the design review committee met in june of 2022 once again to review the proposed subdivision as part of this it was given an approval with conditions that there be separate utility stub outs to each lot which will need to be constructed prior to the subdivision approval at the final plat stage staff recommends at this time staff is recommending approval based on the following findings it provides access to lots within a residential subdivision which are from a dedicated and accepted improved public right-of-way uh the proposed preliminary plan meets all objectives of the preliminary of the preliminary plat as required by the subdivision code and based upon review by relevant city staff the proposed preliminary plat complies with all requirements of the 2001 zoning code as amended as well as the city of las cruces subdivision code and design standards today your options will be to vote yes to approve vote no to deny or vote yes with conditions all right john thank you is there someone here from the applicant who can explain basically what's going to happen there so that maybe this lady will get have a better feeling of what's going on i think that's primarily her concern thank you mr chairman my name is ted scanlon i'm at 2990 north main street suite 3c and i represent the applicant i'd have to swear you in do you swear affirm that the testimony you're about to give about to give is it truly nothing but the truth on the penalty of law i do thank you go ahead okay i don't have anything really to add to the presentation that mr castillo just made but i would am here to inform the commission that our intent it's four lots they're on existing streets we have one condition from utilities that we construct all of the uh utility stub outs to the lots before the final plaque can be filed which we have no issues with it's our intent to and as we have up to now complied with all of the city's various codes conditions not asking for any waivers variances or anything like that just 100 percent in compliance with the code little four lot subdivision okay thank you ma'am you you can come up and maybe you can address mr scanlan and see if he can answer your concerns but before you do please give us your name again and your address and let me swear you in yes my name is kerry danes my address is 6145 level road okay do you swear affirmed at the testimony about to give us the truth and nothing but the truth on the penalty of law yes sir thank you go ahead actually i would just urge the commission excuse me mr chair and commissioners i would just urge the commission to vote yes with conditions um i do have concerns with um the lighting that may or may not be required and i understand that they'll be putting in the utilities but um that's this is going to be directly next door to me and i am concerned about the traffic increasing the dust increasing things of that nature i've worked very hard on my particular piece of property to make it very appealing and curb appeal and i don't have any problem with the subdivision itself i just want to make sure that it to be quite honest doesn't really bring down my property values because i've worked and put a lot of money into my property so i would want to make sure that the appropriate lighting if they do put in mobile homes if they are skirted and things of that nature appropriately which i think is all the code i just want to make sure that that is going to occur specifically lighting because it is um pretty dark there and i put in my own lighting so um i'm just i just have a vested interest in what's going in next door to me so i would just i don't have any problem with the subdivision itself i think we need affordable housing it's in a working-class neighborhood and i think that's very important um but i also want to make sure that it is suitable for for everyone to live there okay thank you very much uh mr commissioner and commissioners i don't have any more comment thank you all right thank you mrs canlin you uh have heard her cons you have heard her concern so you uh uh can answer what she's concerned about yes as i stated previously up to this point and beyond this point we are in full compliance with all of the city's regulations and all of the codes and everything and i don't know what else we can do besides comply with everything so okay then thank you all right is there anybody from the commission who has any questions none anyone else from this audience alright then maybe we're ready for a vote can i have a motion please uh i'll make a motion to approve uh this um 6.2 sorry yeah uh 6.2 a second board member vega uh i vote yes do i need to give reason behind yes please so if we can vote yes with conditions can we just um make a note that the requests from the resident are added into our vote as far as the lighting goes and meeting the other requirements for the the housing that will be put in place mr chair and commissioner vega this is david ware with the community development department um as a part of the approval you could as your condition or excuse me as your vote you can state that you took the concerns of the the the member of the public the adjacent neighbor into consideration the minutes will become a part of the record and all city standards will be required and so as the development is constructed the subdivision is planted they'll have to go through all the permitting process and at that time we'll make maintain the standards as you said the if it's a site-built home all the building codes will be followed if it's the sighting of a manufactured home again all those requirements for the skirting and utility connections will be required and then if there is something that's not being met the the neighborhood will have the opportunity to contact codes and staff would follow up and make sure that all our standards are enforced thank you okay um i vote yes based on staff recommendation board member smith uh yes based on staff recommendation and it meets uh neighborhood character incompatibility guerrero uh i'll vote yes as well with conditions i understand the resident's concerns i believe that they should appropriate lighting and safety as well so my vote is for yes with conditions barman mercosta i realize you just got here so i apologize um you can abstain from the vote if you'd like but you need to turn your mic on so that i can hear you there you go all righty and i'm going to go ahead and vote to yes to approve thank you thank you board member bennett uh i vote yes to approve based on staff recommendation me to elevate las cruces and the objectives of a preliminary plan board member gordon i wrote yes based on staff recommendations and certainly to echo what mr weir had said and which has been added to the minutes all right then they'll take care of the consent agenda but before we continue there is no old business but i at this time would like to welcome even though he's a little late mr acosta to the commission as our new member uh i wish you uh uh well all right okay so then we'll go to new business mr banegas mr chairman commissioners vincent banegas interim planner for the record i'll be presenting the following case involving 750 south main street it is a special use permit request for case zero zero 2201008 one current conditions uh involve the following the property is presently zone c2 originally developed as a gasoline service station back in the day it now exists and has existed for several years now as a used car dealership it's my understanding that the current owner is seeking retirement and hence the opportunity to acquire the property is is taking place which now triggers the need for for this request the property is located at the northeast corner south main street and alameda boulevard and involves roughly just shy of half an acre size the surrounding neighborhood is primarily retail and office and those are the immediate properties that surround the subject property the r1a zone which is the zone single family residential zoning in question which triggers the need to come before you is located a little bit further to the west and the supporting zoning districts that involve all these uses both retail or i should say residential and non-residential involve the r1a which is our medium density residential zone our o1 which is our low intensity office with limited residential our c2 medium i'm sorry c1 which is our low intensity commercial c2 is medium c3 is high intensity commercial and then of course our downtown development code with the subzone of downtown that downtown district basically surrounds the subject property on the north and falls within our downtown area or cbd here is a zoning map that illustrates what i have spoke to this is the dt designation for the downtown subject property is outlined here in red you do have c1 zoning immediately adjacent along alameda boulevard more or less serving as a land use buffer if you will to the r1a or the single family development located here further farther north you have c2 zoning and you also have some c3 zoning further south of the subject property some o1 here so there is a distinct band of non-residential zoning that exists along alameda boulevard again serving to buffer the subject property in question this is the aerial view of the subject property once again this to the east you have a lot of state and of course last cruise public school offices administration building here you do have a lot of retail in office in the downtown district and some low intensity retail some office and some medical office located in this proximity in the band along alameda at the el molino boulevard alameda boulevard intersection on this subject property there does exist a medical marijuana facility that is grandfathered in that was allowed pursuant to previous requirements or regulations that were in effect prior to our cannabis regulations meeting state standards at the time and a lot of those throughout the city those that came in as medical marijuana some are opting to do the retail cannabis much like what is being requested here at this intersection so some history with the subject property the building that sits there was constructed in 1970 at the time it appears to have met all the building requirements and zoning requirements of the time and it has been commercially zoned since pre-70 1970 which serves as our base a year for our zoning designations and our research it is presently c2 as indicated the proposal that has been submitted is to place a retail cannabis store at this location the the site meets all of the distance requirements except for those involving the single family residential zoning district boundary [Music] what you may find is the applicant for the cannabis business who has a presentation this evening may show a different distance buffer distance from the perimeter of their proposed building to the single family residential district it appears as if they took their dimension from footprint to actual single family footprint as opposed to district boundary so my measurement comes to 218 feet it's approximately 82 feet of a shortfall to the required 300 feet or foot distance again all other buffer distances are met and those are from cannabis to cannabis and other requirements such as schools and day cares ultimately if approved this evening the use will have to follow both clc and state of new mexico regulations governing cannabis and related retail activity these are a couple of snapshots of the information they provided to the left is a site plan showing the proposed layout the building with the canopy that is existing it certainly does appear based on the snapshot on the right that there will be some interior work in order to make it compliant with necessary cannabis regulations you do have some of the parking outlined here which would indicate ingress egress along alameda boulevard at this location and they do specify a shared ingress egress point as another primary point of access for the property indicating access from there to these 90 degree stalls along this area it's my understanding at least at present there are some gates that close off this entry and this entry and certainly as the permit gets reviewed for any and all interior work those will be identified as areas of concern in that they're in very close proximity to one another and certainly at the intersection of the two arterial roadways so i don't see those being an issue they're certainly not now because they're not used but i think that will continue in the future if again this is approved a couple of photos showing the site currently again used car dealership and these are a little dated but nonetheless show the the property as it is relative to some of the other retail establishments along main street this here is alameda boulevard and of course off to my right or to the right of the slide is is main street a lot of the properties once again along alameda are non-residential in nature and the same goes for those along main street this is looking more down main street at the corner property here certainly busy roadway arterial designation for both roadways so you do see quite a bit of activity it's unlikely that any of the traffic pattern that gets generated by the proposed use is going to have a significant impact to the residential area in question i think you're going to see much of the same in terms of use and traffic demand that the proposed use may generate and then bottom slide is just showing from the alameda side the subject property and you'll notice that immediately adjacent to the subject property off to the north is it used to be a car repo lot so for the most part it's vacant it's used in too little degree just for the purpose of storage if you will of of the vehicles and they shot down alameda boulevard again showing some of the area in question here's that lot that i was just talking about the old city offices are down a ways and those a lot of offices in this area so from a public input notice requirement staff did send out letters as required pursuant to code to the surrounding property owners as a result of that effort staff did i did receive two phone calls one of general inquiry and one certainly from a protest slant they indicated there was already crime in the immediate area in the neighborhood and they were fearful that this use might generate some additional concern and then they did cite a cannabis location already in the proc proximity of the neighborhood and that's off of that el molino location that i specified again non-conforming in nature in that it was a medical marijuana establishment pursuant to state state law the city did receive a protest letter i did include that in your packet the attorney who represented a client indicated that there was some procedural conflict with this process they talked to both the special use permit process and and the variance process and and their concern was that the sup process especially used process was circumventing uh that of the variants steps if you will in terms of consideration of distances buffer distances specifically so from a recommendation and findings of fact perspective staff does recommend approval the findings for approval are as follows except for the distance to the single family district boundary all other buffer distances are met the subject property was developed pursuant to the applicable codes at the time and met said codes and property has been commercially zoned since uh pre-70 and the property has retail or i should just say compatibility with several other properties immediately adjacent to alameda boulevard the those properties provide that buffer that i mentioned from a land use perspective between the subject property and the residential zoned area and the ingress and egress to the subject property along south main and alameda should not pose any significant impact to the residential neighborhood and the app the application the proposal meets the purpose and intent of section 38.2 of the zoning code and it's also a known fact that these type of uses along with this you know special use request will meet all the requirements both within the zoning code building code when permits are submitted for any interior work and those of the state that they will follow all provisions as necessary there were several goals and policies and actions of this comprehensive plan that supported this type of request this type of use and that it's retail oriented use it's this area falls within the downtown place type which is suggestive of a mix of residential and non-residential land uses associated with the thriving central business district the predominant land uses include residential civic commercial lodging and retail and from a goal uh policy perspective the supporting language speaks to mixed-use neighborhoods expanding economic opportunities increase in employment opportunities and economic security and provisions for a wide range of business types along key corridors and thoroughfares so your options with this request this evening are as follows you can vote yes and approve the request vote no and deny it if you take that route please provide your findings a fact and that the ones presented this evening are in favor of the request you can vote yes with conditions and make that part of your motion or you can vote to table and once again mr chairman i believe the prospective business owner has a presentation and i also believe mr gary sander who's a representative for both seller and buyer may be in attendance this evening and may also have a few words so that concludes staff's presentation thank you mr bernice is there anybody from the commission who has any questions okay mr acasa and perhaps it's going to be addressed here in the presentation i just wanted to clarify if this is space is going to be used for consumption as well mr chairman commissioner costa i'll let the applicant speak to that issue it's my understanding based on the application that it was just retail anyone else i have a question just before you sit down just so we this is just for clarification so everyone understands your measurement is from the property line and not the edge of the building correct mr chairman the my measurement as required by the code is from the building footprint of the proposed use the cannabis use to the zoning code district boundary those boundaries are typically middle of the right-of-way so it doesn't go from the edge of the building is that what you're saying all the way across the street so so in this case my measurement was right where the arrow is pointing to which is the corner of the building right and then it follows oops it goes to that location to the nearest point which happened to be right here in the right-of-way that's the r1a district boundary that is closest to the edge of the building though and that's within 300 feet that's within 300 feet all right thank you okay is the applicant have anything to add would like to speak if you come forward and give your name and address and let me swear you in please good evening my name is sean maddox address 455 linden street um which is actually in laguna beach california yeah all right let me all right let me sway you in please do you swear affirm that the testimony you're about to give is the truth and nothing but the truth on the penalty of law i do i thank you go ahead sir i want to try to get this presentation up uh before i do i'd like to thank the commission and chair for having me here tonight i'd also like to clarify the question with regard to consumption no consumption is planned on site just want to give a quick presentation and breakdown of the site and our proposed business how do i go full screen on this apologies there you go so again my name is sean maddox i'm here on behalf of off the charts uh in our request for special use permit for the location at 750 south main street as brought up earlier the special use parameters are really based off of the cannabis regulation act which gives local jurisdictions the right to decide time place and manner rules the las cruces municipal code four cannabis retailers in the c1 c2 and c3 zone require buffers from school day cares and commercial schools which we meet it also requires a buffer from single-family residential zones as well as other cannabis retailers in our scenario we meet all buffers except for the single-family residential zone i do want to call attention to the bolded which lays out the fact that the municipal code makes a express exception for a special use permit when any of the single-family residential zone is impinged on just a quick background off the charts has been looking at las cruces since the beginning of the year we want to be in this community it's a great fit for our store and kind of our business ethos it's been very hard to find property because of the buffers and zoning and and we've actually passed up on multiple locations because of being closer to residential or impinging on one of the other buffers this location seemed to be unique in that it was pretty far distant as mentioned there's actually a kind of land use buffer as well as a four-lane you know arterial thoroughfare which provides a buffer between this location and the residences once we found this location we immediately reached out to city planning to have a pre-application meeting to discuss our request for a special use permit to see whether or not they agreed with and would support it based off of that pre-application meeting we submitted a permit as quickly as possible and that led to us being here in front of you today just a quick slide on the site in context as was mentioned in the staff report this actually measures from the edge of building to edge of building not from edge of building to edge of zoning district and these measurements show that it's approximately 261 feet away we're not here to debate the distance we know that we're within the 300 feet but we do feel you know again based off of the site map that south alameda boulevard and the c1 buffer kind of creates i think a special case where we're not next door to residential and many of the concerns that would be related to proximity to rel to residential are evaded on the next slide i want to bring up just kind of path of travel distances as another way to kind of contextualize the distance between the site and the nearest residential the closest pedestrian path of travel is over 638 feet and then the closest path of travel for a vehicle is over 315 feet so in both cases over 300 and again kind of shows that the accessibility to residential from the site is pretty attenuated i just want to give a quick background of the business for the sake of the commissioners i think to provide context on the economic benefit of approval off the charts as a cannabis retailer that's been in operation since 2018 they have six current operational facilities in california and have expansions at about one per month over the next year with more locations in california as well as locations in new jersey ohio and albuquerque new mexico we did look for las cruces before albuquerque but again hard to find the property so prolonged that getting us here all of off the chart stores feature robust community integration initiatives it's part of being a sensitive use we're coming to a neighborhood we want to be good actors we want to fit in as opposed to stick out part of these integration measures include an open house anytime we open a facility about two to three weeks before opening our doors we send out notices to surrounding neighbors city staff police department and have people come in voice their concerns get to know us get to meet our community liaison and know that we're here to serve the community and appease any concerns that they may have another unique thing that we do is we have employee volunteer participation so we actually pay employees to go participate in uh you know community outreach and do community service initiatives we're focused on local hiring to create economic opportunities for the cities that we operate in if granted the sup will immediately join the chamber of commerce here and then another kind of unique thing is that we do host on-site workshops and events and these are things that are just kind of outreaches to the community you know we provide information on cannabis use responsible use you know warnings about usage dangers of usage and all of those things in addition to our general outreach we have robust nuisance mitigation procedures we have a robust odor control plan which we'll hit on on the next slide we typically have a traffic control plan for all of our sites to make sure that our traffic doesn't impede on the surrounding neighborhoods and then a unique feature some cities require it but we do at all of our locations is having a 24 7 community liaison it's usually a local manager who's available to city staff and neighbors if any concerns or complaints come up surrounding the business typically these sites security is a big concern i saw one of the phone and communications was relating to security studies have actually shown that cannabis businesses increase security in surrounding neighborhoods we will be having 24-hour security and monitoring there will be surveillance on site which has exterior license plate reading capability interior facial recognition capability everything on site you know will be locked up at the end of the day and is heavily secured but the you know inclusion of roving security patrol 24-hour security and alarm and monitoring with live feed to local law enforcement actually makes these facilities safer than the businesses that preceded them more neighborhood compatibility again odor control i think typically comes up with these facilities and everyone wants to make sure that you know you don't have a stinky pot shop on the corner of your big business district we do implement best in practice procedures for odor mitigation that includes negative pressurization of an hvac with our activated carbon filtration essentially we have an hvac system that pulls more air out of the facility than is let in so if somebody opens an exterior door air comes in anything that gets pulled through our hvac system is filtered through these activated carbon filters to ensure that no odors escape the facility additional measures you know we implement green practices and design of our buildings as well as our standard operating procedures lastly just a quick summary of our community impact our current six locations are averaging around or over 10 million dollars in revenue at each location we think that we can do similar numbers here in las cruces if we do do it right that would allow us to create robust local employment opportunities we're projecting over a million dollars in annual salary wages and benefits to the local community at all of our locations we give wages that are above the local living wage which means that a starting hourly would be at least 15.32 cents to any employee on site we also emphasize local hiring and social equity hiring local hiring and promoting within is a key of all of our stores i think we have over 75 local hiring in all of the cities and counties that we operate in and we also focus on hiring socioeconomically affected communities this includes veterans immigrant communities as well as focusing on communities that were impacted by the war on drugs you know kind of as a last point we have looked at the site we do plan some pretty hefty renovations to the interior as well as the exterior we'd be doing exterior rehabilitation we plan on doing some landscaping when we work through the planning or through the planning process um you know we're looking at over a half million dollars in investment to the site which will bring up the aesthetic of the exterior and the community and then in addition to that you know based off of revenue we do proportion a percentage of our funds to local associations and as mentioned earlier we we work with our staff to make sure that we're felt within the community through servicing local community organizations that's the end of the slideshow again i'd like to thank staff for the recommendation and we ask that the commission follow staff's recommendation but really we're looking at this as a unique opportunity to be here in your community we view it as a relationship with the community we're not coming in here trying to impose our will we're trying to come in here be a good neighbor create economic opportunities and do something that's going to better your community so i hope staff takes that into consideration and i appreciate your time and if you guys have any questions i'm happy to answer them thank you very much for your presentation is there anyone on a commission who has any questions commercial vega thank you thanks for the presentation um i like that you mentioned reaching out to veterans people that have been affected by war on drugs what does that actually look like in terms of hiring and bringing those individuals into your establishment so usually we'll look for local veterans associations and make sure that we're posting too many job boards and things like that we prioritize it in the hiring process but at the end of the day for equal opportunity employment reasons we can't say you're a veteran we're going to hire you but you know it's taken into consideration and we usually work with just local veterans organizations to ensure that they're given access and reached out to when we're bringing on new employees and then as far as individuals that have been affected by you know misdemeanor crimes and now can you know how do i want to say this by the war on drugs how do you find and what are your hiring practices like if you have someone that had a misdemeanor or something that was related to a small amount of marijuana so we do run background checks on the majority of our employees just based off being a sensitive use in general in most states that we operate in we're not allowed to hire felons and people of you know higher convictions but again this kind of goes back to the local community and working with local associations most communities have some type of social social justice initiative or organization that we reach out to and place job placements in other states and cities we've also hosted expungement clinics so anybody who would show up we would say hey look we you know we're looking to hire people like you who've been wronged by the war on drugs and try to bring them into the interview process and make sure that they've got a shot at getting a job with us that's all i have thank you anyone else just put your light on and i don't know mr acosta commissioner costa got it right here so just wanted to ask how much you were aware or if you are aware of the elevate las cruces plan uh we are not okay um and other than that i just any sort of experience working with any of your other you know planning and zoning committees um in any of your other various cities on what you guys have done to help develop some of the character of the neighborhoods that you're entering yeah i mean we've got extensive experience because we've opened six and we've got another 12 in process right now so you know this is a collaborative process we look to planning and zoning we accept conditions of approval when asked upon us you know in designing the building and building it out you know obviously there's some interior things that we need to do but beyond that again it's a collaborative process with the city and their commissioners and and everybody on their review boards so we've got extensive extensive experience there and then you know our community relations and community liaison outreach is typically the one that's going to be reaching out to elevate las cruces or some of these organizations to make sure that we're finding the right people within the community to work with and emphasize our efforts on thank you and i just do think it'd be great for you to you know make yourself aware of it as you're going to be in one of the most highly trafficked corridors here you know in town if that's the case el paseo road right there between alameda and el paso is a big part of some of that future elevate elevate development plan here for the city so i think as a big time company coming in and something like that that'd be some considerations that i'd like to see on my side if we were to push those things through absolutely anyone else i just have a comment commercial smith hi um i've been living uh just a few blocks away from the current business for uh 23 years and i just wanted to address the the concern that one of the public had about increasing crime um i don't know how many familiar with the kilby hotel is uh you know it's been a a real problem uh with crime in that area for a long long time um i just want to state that i don't think having a cannabis business here will have any increase or negative impact on crime in that area if anything as the applicant has stated you know it may be even less crime but i just wanted to state that i'm very familiar with that area after living here for such a long time anyone else i have a i have a question how many employees do you think you're going to have if all goes to plan we're hoping over 30 employees and upwards of 40 to 50. and a lot of that just depends on you know revenue and and flow rate and how many people we're seeing but we think at least 25 more likely in the 30 to 40 right and you're and you're going to be local hiring absolutely is this is this is this a publicly owned company or is this all private it's a family owned and i love working for them it's a husband and wife team they started modestly they haven't taken any big investors yet and they've you know expanded on the fruits of their labor and they've been really successful um and you know part of this is treating their staff right and being proper in the communities that they work in it's i've loved working for them i have ownership in a few of their shops and plan to here but it's definitely not a public you know we're one of the bigger operators in california but we don't operate like a public company all right thank you is there anyone else from the applicant who wishes to speak if not uh is there anyone from the audience who wishes to speak yeah just please wait wait a minute hold on a second just just let's do this in order to do to be three people please raise your hand again three people okay so let's start here on the right with the gentleman in the front i'll give you uh three minutes that's a long enough time i think uh if you will please give us your name and address and let me square you in my name is gary sandler and my address is 201 north church street here downtown in my business okay do you swear or affirm the testimony you're about to give is the truth and nothing but the truth on the penalty of law i do all right sir go ahead our commissioner and uh chairman i would really appreciate the opportunity to talk to you all here tonight i i just wanted to touch on about three points that were previously touched on from a real estate perspective since i'm representing the buyer and the seller and i have been in real estate for i don't even want to say almost 50 years i started when i was seven [Music] i want to talk about the family business i know these folks i've been interacting with them for a number of months and as this process uh began and i hear the kids in the background and it really is truly a family business and i uh i appreciate what they're they're doing they're really doing it on their own from the ground up and they're being really successful at it the second point i want to make is about the distance the buffer there if you all are familiar with that particular area you can't even see the housing really you'd have to to make an effort to see where the houses are there's quite a bit of retail and commercial around that area but i think the last point i want to make and probably the most important is i've been talking with the owners about their plans for the physical location itself and they have a plan to turn that corner into something that las cruces could be proud of and if you look at it now i mean it's a 40 year old 50 year old gas station this metal sticking out all over the place and i think what they're going to do with landscaping and the building itself is going to really uh enhance the gateway to downtown las cruces and that's all i have all right thank you all right then i believe the gentleman in the rear on that side thank you will you come forward and state your name and address and let me sway you in please yeah i'll give you the same three minutes yes my name is jed fanning and i'm representing citizens bank address is 505 south main okay do you swear or affirm that the testimony you were about to give is the truth and nothing but the truth under penalty of law i do go ahead sir thank you mr chairman commissioners the existing zoning requirement for a 300 foot buffer distance between a cannabis retail establishment and single family residential zoning district is based on standards and guidance initially laid out for retail cannabis sales with retail cannabis sales new to las cruces community and new mexico deviation should not be considered until long-term data shows the impact to residential zoning close to this 300-foot buffer making deviations now cannot be supported by any statistical data most importantly deviations dilute the intended purpose of the original zoning buffer set another way granting this special use permit would set a precedent that runs the risk of negatively impacting the intent and the benefits of having a defined buffer area between residences and retail cannabis not only do residential properties fall within this 300-foot buffer as has been pointed out but two entities that cater to miners are within or very close to that foot buffer the 2d bambini children's clothing store is one and then across the street to the east and southeast is the challenger learning center of las cruces so therefore i would encourage you to take this into consideration and not approve the special use permit thank you for your consideration okay thank you i believe the gentleman on the back i said yes sir you're gonna have the same three minutes just please give us your name and address and let me swear you in thank you commissioner i speak a little bit english but i i understand most of what you guys talking about okay but please first i need your name my name is jose antonio rivera a.k.a tulsa okay let me let me swear you in first do you swear you raise your hand you swear that your test do you swear on the firm that the testimony you're about to give is the truth and nothing but the 200 penalties of the law yes sir fine go ahead okay um i live in um in a three seven five close to the to the other spencer and now they've got to open another spencer and i'm gonna be a victim of many many crimes and the apartments that i leave and i think it's not beneficial for the community to open another expansion close to what we got another one we have the other ones so i be broke my car many times and uh my apartment windows get broke and i think so it's just not me it's a lot of people is having a lot of complaints about this other new business that's coming to town and this is my concern that it's not a safe for the for the neighbors it's not safe for the for the people who's going to eat to the dentist restaurant in there and to the community that's my concern okay thank you thank you is there anyone else ma'am can you please state your name and your address and let me swear you in please okay my name is billy taylor my address is 5740 vista verde road okay do you swear affirmative the testimony about to give is the truth of nothing but the truth and the penalty of law yes and you have the same three minutes ma'am okay um i i represent titty bambini with his children's thrift store on the corner of el molino in alameda i'm president of the board of directors of this organization which was started by sister beth approximately 10 years ago we've been located on that corner for 10 years we have children with coming with their parents especially mothers and grandmothers coming to our store and we have some concerns about having another dispensary sister beth was unable to be here this evening so she asked me to read a short letter from her i had planned to join billy taylor at this hearing but i'm in quarantine because of being exposed to covet i'm not opposed to cannabis dispensaries in our town however i'm not in favor of having another dispensary close to our children's thrift store on the corner of el molino in alameda we're located directly south of sacred garden dispensary a major concern is the safety of our customers mostly women and children due to the increase in traffic the area around el paseo and maine and alameda is so congested much of the time my opinion is that adding this business will further compromise this area and create hazardous conditions for customers entering and leaving our parking lot and that's from sister beth so i and i concur with her her um concerns about having this business especially if they're going to be um using alameda to go in and out of their business so thank you right thank you is there anyone else gentlemen yes sir you'll have the same three minutes and please give us your name and your address and let me swear you in also reuben smith all right do you swear affirmative testimony about to give us the truth and nothing but the truth on the penalty of law yes i do go ahead thank you first of all let me say when i left office here some 20 years ago as mayor i told him i would never be attending meetings to give input my views on anything unless somebody were to ask me to come in on their behalf unfortunately or maybe fortunately i happen to own property that's within the residential area and that's where sister beth lives i purchased that property years ago so that she could live there in case she got to the point she's 80 plus years old i hope she doesn't get too upset about that i've only got three seconds left uh he didn't she didn't reset the timer go ahead sir thank you dave i appreciate that we hear it again when we get two seconds so um i purchased that property in order for her to live there in case she couldn't walk she couldn't drive anymore she probably shouldn't be driving now but so she could be easy accessible i want you to know that it's important billy just talked to you about tuthi bombini when we the city created community of hope it was sister beth who came with her partner sister anna to create the jardin de los ninos which is part of community of hope after that several years they started and took over the tienda which is referred to as on alameda right now across from this proposed development they proceeded to give back to this community hundreds of thousands of dollars back to the community to help the homeless in particular the children when she left the hardin the tienda she moved across the street and began tutti bombini and has been there ever since those are the kind of things that are important to our community and she is she never comes out against anything this is the first i've known she would ever do that she's coming out against in four legitimate reasons i began the downtown development over 20 years ago and i can tell you after 20 years we've just begun to see what downtown development can be the redevelopment now we're into the elevated las cruces and we're talking about from that corner clear on down to el paseo it is imperative i feel that we initiate and start this particular project on the right foot there are hundreds of locations that other well-intentioned big family cannabis operations can locate in las cruces i don't think we need to begin to create the perception that if you meet the requirement oh we'll give you a little adjustment of 80 feet no problem and then who's to say that that empty lot next door could conceivably come for the same kind of of issue and then you'll be hard-pressed the city would be hard-pressed to deny them i just asked you to think what is it that we want this community to look like in terms of creating a cannabis business right there in a very prime location that i am sure other retail establishments are going to jump at i would just say think about what you want this community to look like and the perception it's a perception as many times as reality what that would create they already have one just right across the street from them literally i thank you and i hope you would take that into consideration all right thank you is there anybody on the commission who wishes to ask any questions or make any comments at this point all right seeing none i'm so sorry turn your light on and i'll see it i'm sorry uh you know once again i go back to um you know my sensitivity to opposition to this this business as i stated earlier i've lived just a couple blocks away from this proposed business for 23 years and i really really love that neighborhood and i have known the owner of the car dealership for many years and i know how hard he has worked over the past decades to keep his business established there and [Music] the growth that has happened downtown i've been very excited about because of my time here and being a resident there and i understand as far as giving a um you know 82 foot variance on this we've already previously made you know decisions in other businesses downtown and you know this business does meet all of you know the requirements and this waiver is is it's actually as far as access and proximity to residences it's actually you know it doesn't appear to have have an impact and if i wasn't so you know invested in that neighborhood about safety and crime and and how it appears you know as far as having this type of business there i would definitely be concerned about it but i i don't feel um that having this business here will have that significant of an impact so it's something that i'm taking into consideration as i think about my vote thank you all right thank you is there anyone else commissioner costa all right and i'm just circling back here one more time i think this is a great opportunity to um come together and offer some possibly even help um with you know sister beth situation in the thrift store and the children that are the children's thrift store that's happening there the mom and children women and children traffic i think this is a great time for you and your business coming in here to align and do some great things for the community if you had that you know choice especially in an extremely prime location where the you know the at the feet the 200 feet is just looks different when it's flowing all the time at least in my own opinion however i'd really really really encourage taking that community engagement opportunity here that you pitched in your you know very very good cookie cutter you know planning and zoning presentation that you have here but to take that time and do some tailoring to las cruces is going to benefit us and i think that would you know that would be what we're looking for from the cannabis businesses going forward in terms of safety and stuff like that and things that are going on in that help sale corridor and in our district here and what we're trying to have downtown look like so i mean you're looking at you know probably stuff you've probably done before trees lights neon art directly working with sister beth and that children's thrift store and coming up with something to actually help them as a local business owner here too and you know even considerably a future competitor in that regard i i still think you have a great opportunity to look at how to make this a better place as you enter and i think that's something that the community could benefit from if considerably if approved so i'd like some conditions and that's it and thanks all right thank you anyone else all right we're at the point now where unless there's someone else now who wishes to speak right if not we're at a point here we're going to vote but before we vote i want to apprise everybody here in the in the auditorium that there are two options here if the commission votes to approve this then the neighborhood would have 15 deal 15 days i'm sorry to appeal to city council all right if we deny it then the applicant has 15 days in which to appeal to city council so knowing that these are your options so it's not if in some cases it's not the end but you do have that choice all right so i think we're ready for a vote do i have a motion i make a motion to approve 8.1 a second board member vega i vote yes based on site visit and staff recommendation board member smith i all yes based on site visit and staff recommendation board member guerrero uh about yes as well based on staff recommendation and the uh comprehensive plan as well boomer costa i vote yes but i'd like to add in the conditional of um actually directly um coming up with a solution with sister beth and making them feel taken care of and making sure their efforts here in our community have not um feel threatened mr chairman point of order you're voting on a motion there's been no motion made to add an amendment to that so you'll have to go through with the forgive me motion i vote yes based on the other motion board member bennett i vote to approve based on staff recommendation site survey and elevate las cruces chair gordon uh based on findings and my site visit when i actually found it sorry vince um staff recommendation and what it does for elevate las cruces i think this really is a wonderful opportunity i think what they're planning on doing there is going to make this look very nice on that corner so i think that with what is down the road where the sacred garden i think is the name of the of the facility they've been here i think for a long time and i don't think that this is going to make any difference in terms of what your concerns are for so in that case i also vote no therefore we have a vote of seven to nothing to approve so you voted yes i voted yes excuse me i voted no i'm sorry i vote yes then we have we have seven to nothing six to nothing we have two four two four oh who are we missing oh yeah i'm sorry that's it i'm getting there and vote we have six to nothing commissioner kaiser is absent all right now we'll move to [Music] item 8.2 thursday presentation uh mr chair commission um i'd like to make a point of order to see if we could suspend the rules so that way we can hear both cases together yes we will take these two items together we will discuss both but vote separately on each correct important yeah i want to make a motion that we discuss both of these items together and then we'll vote separately i'd like i'd like a motion yeah i make a motion to um see the presentation together of these items 8.2 and 8.3 i'll second that motion board member vega yes board member smith yes guerrero yes remember acosta yes thank you boar member bennett yes chair gordon yes thank you all right john go ahead all right uh good evening mr chair rock commission uh tonight i bring you the camino hills master plan and camino hills preliminary platt currently the property is located east of spitz street and northwest of el camino real adjacent to the alameda arroyo outfall channel it is located within council district one it is approximately 10.954 acres and it's currently zoned r1a which is our single family medium density housing as the property sits currently is vacant undeveloped tracts of land as we can see here from the aerial image it's highlighted in red and here is the zoning designation so tonight's proposal we're going to hear both for the master plan and preliminary plot the master plan proposes to sub subdivide six existing parcels into a single phase uh single-phase subdivision this is going to include 52 single-family residential lots and multiple tracks for drainage and utilities currently it meets the requirements of the subdivision code design standards and the 2001 zoning code and is also supported by elevate las cruces as it falls into the suburban place type neighbor or the suburban neighborhood place type the preliminary plat proposes to subdivide the six existing parcels uh once again into 52 single-family residential lots these lots will have multiple tracks for drainage and utilities it's also going to dedicate 0.206 acres for the widening of spitz street this will also provide five internal local local roadways that would be developed to the city's design standards and be accessed off of spitz through dyne avenue and hanson as we can see here this is the proposed master plan and here is a proposed preliminary plet public notice and input were sent to all surrounding properties at this time staff did receive a few phone calls in regards to notification dates there was a section where letters were sent out with the incorrect date and then it was rectified but however some did make it out with the incorrect date staff also received a letter yesterday morning which was given to you this prior to this meeting it is in regards to [Music] the development of the property and adjacent neighbors reviews were sent to all relevant agencies and departments all supported the proposed master plan and preliminary plot also in regards to this staff is under the knowledge that the yellow property notification sign which is a four foot by four foot yellow sign that is to be placed on all properties that come before the planning and zoning commission and city council was not posted on site um this prior to coming to the planning and zoning commission it does go before our development review committee on april 6th it did go to the drc who reviews subdivisions from an infrastructure utilities and improvement standpoint there was after some discussion the development review committee recommended approval with conditions for the proposed master plan and preliminary plan these conditions were to defer utility easement notation location to the final plat submittal note stating that there will be no direct access to spits for houses that are along spitz avenue it is also to address minor amendments to the master plan and planning submittal requirements and finalize any roadway improvements associated with the dedication of spits at the time of construction drawings as well as the middle of submittal and approval of a master and or final drainage report staff recommendation is going to be based for the master plan is going to be based on approval with conditions based upon review by city by relevant city staff the proposed master plan does comply with the requirements there were minor amendments that needed to be done as stated in the drc so staff has provided the following conditions most of it does reflect what was stated a little bit more in detail though updating and getting the approved master plan or yes master drainage and drainage plan and report as well as showing some dedications for tracks for utility requirements and minor amendments to the master plan from a planning and zoning standpoint staff recommendation for the preliminary plot is an approval with conditions once again it's going to be very similar based upon staff and relevant reviews as well as recommendations from the drc in this case once again it's still following up with the master drainage report and plan as well as some utility requirements that needed to be addressed as well at this time here are your options which are to vote yes to approve vote no to deny or vote yes with conditions or vote to table all right thank you john is there anyone from the applicant who wishes to speak yes sir have you please state your name and let me square you in my name is david clements and i live at 602 hanson avenue which is the southeast corner of hanson and spitz okay do you swear firm that the testimony you're about to give is the truth to nothing but the truth on the penalty of law yes i do go ahead sir okay well my biggest concern with this thing is the traffic increases excuse me sir you're not speaking in in terms of the applicant you're you're speaking in terms of the okay i'm asking for anyone who is from the applicant who has something to speak all right then i'll i if you when it comes to any from the audience i'll call you back you want me you want me to wait okay is there anybody john is there anybody here from the applicant yes i do have a representative all right would you like to speak for the record steve calderazzo i'm representing the owner as the applicant i am the applicant but i would prefer to speak after they've had an opportunity to speak about because i may be able to answer some questions if there are any is that okay that's fine if that's your choice i think that might be better okay all right so then about that i have a lot i have a little hearing disability so i didn't hear exactly what you said i didn't wait then let me swear you in okay okay do you swear affirmative testimony about to give us the truth and nothing but the truth on the penalty of law yes i do all right go ahead okay my biggest concern is the traffic increase on spits spitz already has a major traffic problem it's a narrow road there's a park right there where those three streets are going to come in children playing there the ball field balls go right out onto spits the speed limit is 25 miles an hour but the in reality i've lived there 28 years i've seen people 70 and 75 miles an hour going down spits the police are out there once a week writing tickets as fast as they can rate them we've already had major accidents at hanson and spitz because there's no visibility if you come west on hanson to spits i don't i don't go out that way because you can't see anything so i go the other way people coming out of that subdivision are going to be a little better off because they have a little better visibility but still i think we at the minimum need a four-way stop there to slow the traffic down and also you're going to have a lot of you're going to have a hundred vehicles 52 houses you're going to have about 100 vehicles coming that you don't have now that's my biggest concern of the whole thing is we need to put in a light or a four-way stop if you allow and i think on the other hand i think we ought to make them put in rear access so all the traffic doesn't come right on the spit how about we go the other way out onto one of the side streets in the other direction because i think that's gonna i think the park the children playing there is gonna be a major problem since i've been there we've had dozens of accidents on that there's a little corner right there i'm on the inside corner the accidents happen on the outside they come too fast they go off the road my neighbors mailbox across the street's been knocked over three times that i know of the house right next to that has been hit a couple of times and and i think that's going to be a you know we need to what used to be a whoop-dee-doo that slowed people down but then the city took it out about 10 years ago so the speeds have increased even though it's still 25 miles an hour the the second thing that i want to address very briefly is that i see we're building 52 houses here 94 at the other subdivision they're talking about has anybody thought about where we're going to get the water for all these houses we're already in a major water crisis in las cruces i think somebody needs to look into that we can't pipe water from the great lakes we the river's dry the elephant butte's dry we don't have any water so somebody needs to think about that thank you thank you very much all right thank you is there anyone else who wishes to speak just one person or you you can have three minutes ma'am if you come forward just be careful all right you'll have to state your name and your address please my name is paula tren i live at 2719 spitz okay do you swear or affirm that the testimony you're about to give is the truth and nothing but the truth under penalty of law yes all right ma'am go ahead um as i said uh 2719 spits uh the property just south we share the south border 549 feet with this new subdivision we will have backyards all the way along that 549 feet now i know that this is a good infill project and we need more housing in in las cruces so that's not my issue although the density might be some issue but that's not what i want to talk about it's two issues the what's going to happen with a privacy wall a rock wall on that 549 feet with however many houses are along there because we have our dwelling and then our backyard which we've worked really hard on my husband ernie bean has worked really hard on it's park like people will see that and want to go in it you know so i think we need a good rock wall for privacy there now the second issue is probably even more complicated and that's the utility easements we have two utility easements on our property one coming down the driveway for the power and then straight across halfway of our property that's why it's kind of divided so we live on the front half and have our backyard on the back half so the utility comes right across our yard and then it goes right across the camino hills project and it's just little regular telephone poles you know type things with little wires now now obviously that's going to have to change somehow to feed those 52 homes with power so the one pole that we have on our on our property it's been rotten since the day we built our house which was 2003 and i think only the transmission lines are holding it up so you know they're they're going to want to do something with that and then when it crosses our property to the camino hills obviously they're going to have to do something more substantial to feed those 52 houses and what i would like i understand from john that at this preliminary plan those things haven't really been set they haven't been decided you know they had it's all going to come with the master plan so the offer of communication and letting us know what's going to happen with the utilities as well as the wall would be what i would request so that's it thank you i thank you thank you anyone else okay sir now you can have your chance again please just state your name and let me square you in yes sir my name is steve calderazzo okay do you swear affirmative the testimony about to give is it true nothing but the truth and the penalty of law yes sir go ahead thank you commissioners um so this subdivision the original design for it obviously it's a the lots are smaller they meet the r1a smaller lot single family but this subdivision really addresses an affordable housing need that we have here in las cruces i was part of the process of band more subdivision at bouts and stern drive when the neighborhood came out and they opposed it and we went from about an 80 lot development with apartment options on another couple of acres to down to about uh if i'm not mistaken we were in the 40 lot neighborhood so what that did was mathematically it just what they did was they took the lot prices and they jumped those lot prices up and so now that subdivision is no longer an affordable home subdivision that was within the city of las cruces and so what we're proposing is a real affordable home subdivision if you're talking about lots that are affordable they're not 70 000 which is what happened to us at banmore 70 75 000 lots you know your two your two your married couple working family blue collars not getting into that seventy thousand dollar lot being able to build something for their family just not happening so these are affordable they're addressing a need in the community the currently they look just to address the electrical comment the el paso electric is already in the process of designing the power for that subdivision beyond that i don't recall any of the other concerns yeah i think i think she's mentioned about a rock wall also let me ask you a question again before you go any further didn't i just read i did read that they were going you're going to widen spits um yes where i think there's it's called it triggered the need for widening or deceleration lane to pull into that subdivision as well we are all connecting haner is that is that going to be just just a deceleration lane coming down spits to get into the community not to get out correct okay i want to make sure i understood that and she mentioned about putting up a wall but most of the communities that we see now here most in las cruces everybody has a wall it's a whatever the code standard is going to call for that wall whether it's retaining or not i mean it's going to be built to standard whatever the requirement is going to be by city las cruces so is there anybody on the commission who has some questions now yeah i just i know you just answered the question concerning uh the volume of traffic on spitz i'm familiar with that that road i know that over the years there has been you know a high volume of traffic number of crashes and you said that there's going to be a deceleration lane uh proposed or or built is that something that's going to happen or it's just something that's a proposal it's a requirement as part of the development of the subdivision okay thank you anybody else commissioner guerrero i i just have a quick concern and it's not just for this neighborhood you know we've seen it in a lot of other of these developments and i don't really know i don't really know how we address this but you know i mean like i completely understand and hear the concerns of uh you know folks that talk about you know traffic increase i live in a neighborhood right now where there is there is a kid you know like 100 200 300 homes being built like right behind and traffic in the morning is awful you know so definitely let's keep that in consideration but not just that just entry entry uh you know entry and exit points as well to these neighborhoods um that needs to be addressed i can't remember exactly in the presentation where and you know and i'm not asking where they are but you know just you know there has to be multiple entry places you know to address some of those concerns so that's it it's not a question just a comment that you know is that boiling in my head to add to that the fire department requirement actually triggered multiple openings which is why haner is being connected to the subdivision so we have one-off spits we have haner so you have dyne feeding into it and so all right is there anyone else commissioner carson um just one last quick comment on the part about the affordable housing um sounds like a great proposal and everything what keeps that firm in terms of where the economy is at now and and kind of it here in the future and how you guys plan to you know keep that honest well i think in the short term it's because of the size is a lot it's driven by the size of the lot i mean over on band more we were forced to increase the size of the lot the property size didn't change is the number of lots they allowed us to build change so thereby increasing the size of the lot so we're able to maintain a 5 000 square foot lot which is the minimum you know which is not a very big lot but it's you know it's enough to put a nice affordable house i mean i think i project we're going to be looking at somewhere you know 1500 1800 square foot homes these are not you know 2 000 you know maybe you might find a 2 000 square footer in there if we can figure out how to design it you know utilizing the setbacks so other than that that's that's how we guarantee that that's all i have to say thank you anyone else on the commission okay all right then i guess we're ready to take a vote we'll do take a vote on the master plan first can i get a motion please yeah uh i'll look to uh set a motion for so we're doing 8.2 first uh for uh 8.2 oh sorry yes yes with with a condition uh recommended by the review board a second board member crew oh me first i i guess yes yeah i vote yes based on staff recommendation as well as uh the the conditions that happen on the set board member smith yes based on staff recommendation board member vega uh vote yes with a condition based on staff recommendation former miracosta i vote yes uh based on staff recommendation board member bennett i vote to approve based on staff recommendation meets neighborhood character and elevate las cruces chair gordon i vote yes based on the findings and on my site visit and staff recommendations and continue to elevate las cruces with the conditions therefore the vote is six to zero all right it's in approval now we need to vote for the preliminary plat if i can get a motion please i make a motion to approve 8.3 with conditions listed in the packet all right second [Music] board member vega i vote yes based on staff recommendation board member smith hello yes based on staff recommendation and then we celebrate las cruces guerrero uh vote yes again based on staff recommendation and elevate laws cruises as well board member acosta i vote yes based on staff recommendation and elevate las cruces former bennett i vote to approve based on staff recommendation um meets objectives of a preliminary plat and the thoroughfare plan chair gordon i wrote yes based on staff recommendations elevate las cruces and uh good luck with your project the vote is six nothing in favor so that takes care of those two items we are now finished with current business is there any discussion from the commission as anything they'd like to say all right if not how about from staff mr chair and commissioner staff doesn't have any comments this evening either all right then i'd like to get a motion to ajar uh commissioner i'll make a motion to adjourn second all in favor yes yes yes yes yes thank you everyone you