The city packet is light on details. City Manager Morris Madrid’s memo states the City Commission has discussed the matter before, at the March 13 and the Oct. 24, 2018 meetings. “At the Aug.14 meeting it was requested to move forward and include the item with the possibility for action,” he writes. So action is possible.
If the city takes action, it will be dispensing with the usual notice and public hearing required throughout the country and New Mexico for changing land-use law.
Currently there is no live/work special-use permit published in the online city code for commercial buildings. There are general rules for issuing a special-use permit. Special-use permits require a public hearing be conducted by the Planning and Zoning Commission, which must follow state land-use law before issuing their findings and recommendations to the City Commission, which gives approval. The City Commission dissolved the P&Z Commission in 2013.
The prior meetings Madrid lists do not give much illumination. Last March, Clark asked there be a town hall with downtown business owners to discuss living and working in the downtown business district. Presumably this never happened, since Madrid would have included it in his memo.
At the Oct. 24, 2018 meeting, then-City Mayor Steve Green said two live/work special-use permits had been approved in recent months, but he was concerned there was no “mechanism to ask them to leave” if a business failed, according to meeting minutes. He pointed out the permits opened the door to turning downtown into residences, hurting the gross-receipts-tax revenue on which the city depends.
Public comment will not be allowed at the meeting. The City Commission recently limited public comment to the first meeting of the month.
The City Commission meets Wednesday, Sept. 25, at 9 a.m., at 405 W. 3rd St., City Commission Chambers.