LAS CRUCES — Small cannabis-producing businesses will be allowed to operate in Chaparral residential areas after the Doña Ana County Commission dismissed complaints from residents against nearby businesses.
A committee of commissioners made the decision on Tuesday after closed-door sessions and much back-and-forth discussion from both sides of the issue. District 3 Commissioner Shannon Reynolds (whose district includes Chaparral) voted against, on the side of residents of the unincorporated community.
This business requires a special permit to operate on the 3.5-acre proposed site at 205 Paloma Blanca Drive.
A large group of neighbors and residents opposed to the project first spoke before the County Planning and Zoning Commission on March 24, when the board debated whether to approve the special use permit. did. At the time, applicant Manuel Cervantes was proposing to start an integrated cannabis microbusiness that would grow and sell cannabis on site.
Neighborhood residents expressed concerns about traffic, inadequate infrastructure, pedestrian safety, crime, and adverse effects on children. After the zoning board unanimously rejected Cervantes’ application, he appealed to the county board.
second suggestion
On April 26, Cervantes asked the commissioner to reverse the planning and zoning commission’s decision, stating that he and his partners will now only use the land to grow cannabis as small business growers. He said he plans to do so, and that retail sales will take place elsewhere.
As this constituted a different proposal than the one originally considered by the Planning and Zoning Commission, BOCC sent the decision back to P&Z for voting on a revised proposal for the project.
On May 26, the County Planning and Zoning Commission took action and conditionally approved the revised permit request. Conditions include: Limiting the number of plants to 200 mature cannabis plants – already a requirement for microbusiness growers. Require employees to transport products in non-commercial vehicles only Monday through Friday, 8:00 a.m. to 8:00 p.m. Cannabis must be grown indoors in two shipping containers on site, and new structures must comply with the code.
However, Edgar Aguilar appealed P&Z’s decision on behalf of the residents and sent the decision back to BOCC. On August 23, Aguilar claimed that neighbors were still unsatisfied with the planned project.
“We never said we just wanted commercial growth over retail,” says Aguilar. “We don’t want that in our neighborhood.”
Cervantes claimed that his growing, drying and storage would be done entirely indoors and that his operation would include an odor filtering system to keep the cannabis out of sight and out of people’s noses. .
In response to concerns about having guards outside, Cervantes said he originally proposed it in response to community concerns about potential crime. I said it can be omitted.
Aguilar insisted he wasn’t trying to be against legal marijuana, but said some of the cohorts he spoke to might hold that view. He emphasized that the main cause of the deaths was due to business establishments located in residential areas. Residents would not object to doing business in commercial areas, he said.
“I’m not against the marijuana industry. I think Mr. Cervantes should be given the opportunity to become an entrepreneur,” Aguilar said. “Our battle is to keep this out of our neighborhood.”
residents speak up
Residents who spoke out against the proposed business mixed technical concerns about the business with moral accusations about cannabis.
Neighbors questioned the effectiveness of the described odor filtration system, the appropriateness of the location of the business in the residential area, and whether the business was legally permitted to use the intended water. However, others expressed concern that cannabis cultivation was taking place near their “children and grandchildren” or approval could in turn bring the cannabis business to “your neighborhood.” warned that it would set a dangerous precedent.
“I have children, ages 13 and 6, who are actually assigned to this (nearby) bus stop,” said Brenda Velázquez. “I am concerned for their safety, mainly for their health…This is a very peaceful region and we want to keep it. I’m not against marijuana at all, I just don’t want it in my neighborhood across the street.”
“(Cervantes) says there is no smell. This is the problem. How do we know? Do we have to wait?” said Nanette Reyes.
Some business owners and cannabis industry representatives have spoken out about the medical benefits of cannabis and the legalization of cannabis as a separate type of commercial business to allay concerns.
“I haven’t done anything illegal yet. I can assure you by presenting a state license and conditional approval from the county for planning and zoning,” Cervantes said. “I think he’s one of the best things I can show someone that I think is going to have a negative impact. Looking at the track record, I don’t think it will.”
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Michael McDevitt is a city and county government reporter for Sun-News.Contact him at 575-202-3205, mmcdevitt@lcsun-news.com or @MikeMcDTweets on Twitter.
