Las Cruces considering loosening business rules ahead of legal cannabis sales
LAS CRUCES - Ahead of the beginning of retail cannabis sales this Friday, the City of Las Cruces is already considering zoning code changes that would loosen restrictions on businesses.
Among the recommended changes include allowing outdoor consumption lounges on a case-by-case basis and eliminating buffers between retailers and between residential areas.
During a work session Monday, Las Cruces city councilors received updates on the process for greenlighting cannabis businesses as legal sales are set to begin statewide April 1. City officials told councilors about trends they've noticed as owners have gone through the process of establishing their businesses and recommended possible code changes in response.
Katherine Harrison-Rogers, a senior planner from the city's Community Development Department, said the city hasn't seen cannabis businesses clustering in any single spot — a sign required buffer distances may be working. Under current code, cannabis retailers must be at least 300 feet apart and cannot be located within 300 feet of a single-family residential zone or within 300 feet of a school or daycare.
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But the buffer distances have a drawback. The buffers from single-family residential zones are prohibitive for businesses in certain parts of the city where commercial corridors already exist close to residential areas, such as on Valley Drive, Harrison-Rogers said. While businesses can go through a variance process or special use permitting process to reduce or eliminate those buffers, that takes time.
Harrison-Rogers said staff was recommending the city remove the buffer requirement for cannabis shops close to residential zones and the required distance between retailers. That would be a decision for the city council. She said staff recommended keeping the buffer requirements for schools and daycares.
Another question for the city council going forward will be whether the city retains its ban on outdoor cannabis consumption establishments. Under the current city code, businesses which are licensed for cannabis consumption must be indoors only.
Harrison-Rogers said the council may choose to allow a special use permit provision or operational conditions for outdoor consumption areas. She said businesses, in some instances, have expressed a desire to operate cafes with food and cannabis pairings and utilize outdoor patio space.
In response to public feedback, Harrison-Rogers also said the council could consider adopting zoning code changes which make it quicker and cheaper to establish cannabis microbusinesses.
She said the city has received several requests from people establishing microbusinesses, who have asked the city to expedite the process for registering those businesses, to broaden zoning to allow microbusinesses as home occupations, to reduce code requirements to ease the cost of establishing a business and to provide incentives for microbusinesses.
A timeline for these possible code changes is not yet set.
Michael McDevitt is a city and county government reporter for the Sun-News. He can be reached at 575-202-3205, mmcdevitt@lcsun-news.com or @MikeMcDTweets on Twitter
This article originally appeared on Las Cruces Sun-News: Las Cruces considering loosening cannabis business rules
