Planning commission declines special-use permit for cannabis operation near Cielo Dorado

The Doña Ana County Planning and Zoning Commission on March 13 denied a special-use permit application from Brandon May that would have allowed cannabis cultivation in three greenhouses, retail sales and an outdoor consumption lounge on a 48.33-acre parcel north of the city along Gardner Road.

Staff presented the application and a staff analysis that noted planning and public-safety factors. The staff report described the applicant’s plan for three 98-by-24-foot greenhouses, an outdoor consumption lounge, drive-through retail hours and cultivation of up to 1,000 mature plants under a conditional permit; it also explained that the county’s Unified Development Code allows a cannabis “micro business” as a by-right use with different limits (for example a 200 mature-plant cap). Staff recommended conditional approval with the major conditions that cultivation be limited to production only (no retail or on-site clients) capped at 1,000 mature plants, or, alternatively, that the applicant could pursue a by-right micro business with the 200-plant limit.

The commission heard testimony from the applicant, Brandon May, who said his greenhouses would control odors, be secured to CCD standards and that he and his family plan to live on the site. May also said he operates other licensed grows and has not had CCD infractions. County planner Albert Casillas (staff) explained the difference between a conditional approval with larger indoor cultivation and the by-right micro business option, and noted staff’s concerns about consistency with the Unified Development Code’s decisional criteria and neighborhood character.

More than 30 members of the public spoke. Speakers representing the adjacent Cielo Dorado neighborhood and other nearby subdivisions voiced concerns about road safety on narrow Gardner Road, nighttime lighting, noise, odor, potential increases in impaired driving, impacts on property values and proximity to a small local airport and flight paths. Multiple pilots and airport users asked the commission to consider Federal Aviation Administration rules and potential light or activity impacts on aircraft operations. Several residents cited petitions and more than 300 signatures opposing the request; others said they had farm and equestrian uses and that increased traffic or odors would affect their quality of life.

The applicant and several supporters offered rebuttals, including letters of recommendation from officials in other jurisdictions, claims that indoor greenhouse cultivation would minimize odor, and a statement that the site has ample groundwater allotment and would use drip irrigation with recycled water for cultivation.

After discussion, Vice Chair Zerniak moved to conditionally approve the application as outlined in staff recommendations; Commissioner Jimenez seconded. The roll-call vote was: Commissioner Odonga — No (citing narrow road and safety); Commissioner Jimenez — Yes; Commissioner Fisher — Yes; Vice Chair Zerniak — No (citing inadequate infrastructure and unknown traffic impacts); Chair Sargent — No (citing community opposition). The motion failed 3–2.

Because the site is in a T2 zone, county staff noted the applicant retains a by-right option to pursue a cannabis micro business under the UDC, which would permit production capped at 200 mature plants and retail limited to products produced on site. The commission’s denial was of the special-use permit request as presented; no change to the county code or to the applicant’s by-right options was made.

Commissioners asked staff and the applicant to coordinate with county engineering, the Cannabis Control Division and the FAA (where applicable) should the applicant pursue a future application.

The commission proceeded to subsequent agenda items following a brief recess.