Los Alamos County Planning and Zoning Commission Meeting – July 22, 2026

The Los Alamos County Planning and Zoning Commission met on Wednesday, July 22, 2026, beginning at 12:45 PM (UTC) to consider three quasi-judicial cases: a site plan adoption for a mixed-use redevelopment of the former CB Fox building, a site plan adoption for a commercial parking lot and mobile food vending court, and a related variance request. The meeting included staff presentations, applicant testimony, public comment from nearby residents, and commission deliberation. All votes were recorded.

Consent Calendar

• Minutes Approval: The commission unanimously approved the minutes from the June 24, 2026, meeting (7-0, with two abstentions from commissioners not present at that meeting).
• Agenda Approval: The agenda for the July 22 meeting was approved by a show of hands (motion passed without objection).

Public Comments & Testimony

• General Public Comment: No members of the public spoke during the general public comment period. One attendee inquired about a food court item but was directed to the agenda item.

Discussion Items

Case SIT 2026-0080 – 1735 Central Avenue (Former CB Fox Redevelopment)

• Applicant/Representative: Phil Gerski (1735 Central Investment LLC, on behalf of Tiger Pacific RE LLC).
• Proposal: Redevelop the vacant former CB Fox department store into a mixed-use facility featuring a boutique hotel (20 rooms), restaurant, food court, bar, retail sales, and meeting/banquet/event space. The renovation includes expanding the second floor and adding a third floor (approximately 4,000 square feet of new construction). The property is zoned Downtown Los Alamos (DTLA).
• Staff Presentation: Desiree Lujan, Senior Planner, presented the staff report. The project is consistent with the Comprehensive Plan and Downtown Master Plan, which specifically identifies this building as a catalyst for redevelopment. Parking will be provided by the existing shared 289-space lot owned by Central Parking Lot Corporation. The applicant’s parking analysis and staff’s independent verification both concluded that available parking exceeds minimum requirements. The building height will increase to 48 feet (well below the 86-foot maximum). No off-site improvements are required, but ADA sidewalk upgrades will be needed at building permit. Staff recommended approval with one condition: fire department connections and post indicator valves for the sprinkler system must be shown on the site plan for building permit review.
• Applicant Testimony: Mr. Gerski emphasized the project’s alignment with county plans, noting that the building is specifically called out in the Downtown Master Plan for redevelopment. He described the parking lot usage observations, plans for EV charging stations, and a substantially improved trash enclosure. The food court will convert to a live performance venue in the evenings, filling a gap for mid-size performance spaces. The third floor restaurant will be a high-end dining option with an outdoor terrace. The hotel will offer two-level rooms suitable for longer stays. He noted that the project will provide affordable small retail spaces and a New Mexico/local products store.
• Commission Questions: Commissioners asked about the parking loading zone (no curb cut, will use existing parallel parking), the third-floor retail corner (corrected to kitchen), and whether the 20 hotel units would include kitchenettes (yes, for longer stays).
• Public Comment: No affected parties or other public testimony was offered.
• Commission Deliberation: The commission discussed the criteria and determined that the application meets all decision criteria. They noted the project’s consistency with the Comprehensive Plan and Downtown Master Plan.

Case SIT 2026-0081 – 1377 & 1399 Diamond Drive (Commercial Parking Lot and Food Vending Court)

• Applicant/Representative: Scott McCloy (McCloy Land Surveying LLC, on behalf of RUS NM LLC).
• Proposal: Site plan adoption to establish a commercial parking lot (serving Los Alamos High School) and a mobile food vending court with up to nine food truck spaces, an open-air shade structure, communal seating, and patron parking on two adjoining vacant parcels totaling approximately 1.7 acres, zoned General Commercial (GC). No enclosed structures, 0% lot coverage, no site lighting.
• Staff Presentation: Danielle Valdez, Planning Manager, presented. The use is permitted in GC, but the site plan is needed to formalize existing uses (currently two food trucks operate with generators, and the high school uses the lot for parking). Staff recommended conditional approval with nine conditions, including: closing the northern driveway; providing water, electrical, and restroom facilities; coordinating solid waste; and establishing hours of operation (7 AM to 9 PM initially). Staff noted that criteria A (consistency with county plans) was met, but acknowledged the project does not fully align with the transportation plan’s goals of reducing surface parking. Criteria D (code conformance) is met with conditions, but the variance request for the buffer is separate. Criteria E and F are met with conditions.
• Applicant Testimony: Mr. McCloy stated the project will improve the vacant property by adding electrical outlets (reducing generator noise and air pollution), water spigots, and a restroom plan. The owner intends to model the food court after the Santa Fe Capitol food court. He noted that the type B buffer requirement is being addressed in the variance request.
• Public Comment: Two affected parties (neighbors on 40th Street) and one additional public member (Mr. Warnecke, Orange Street) testified. The neighbors expressed concerns about noise from generators, air pollution from wood-fired pizza ovens, traffic safety near the high school, and potential for increased congestion and crime. They requested limited hours of operation and consideration of the neighborhood’s quality of life. Mr. Warnecke questioned the project’s consistency with the comprehensive plan, highlighted that the parking lot would be used only about 15% of the year, and suggested a two-year review window. He also noted the variance request’s reliance on cost rather than hardship.
• Commission Discussion: Commissioners debated whether criteria A (comprehensive plan conformity) and F (mitigation of adverse impacts) were met. Some commissioners argued the parking lot encourages single-occupant vehicle trips, contrary to the transportation plan, and that safety impacts near the high school were not mitigated. Others noted that the property is currently used for parking and food trucks without formal approval, and that the site plan will bring improvements (electrical, water, sanitation) and allow the county to impose conditions. The commission also discussed the difficulty of adding a time-based review condition, as staff advised it is not permitted under the code.
• Vote: Motion to conditionally approve (8-0, with Commissioner Brule and Commissioner Grimm voting no). Commissioners Brule and Grimm expressed concerns that criteria A and F were not met, particularly regarding consistency with the comprehensive plan and safety impacts.

Case VAR 2026-0019 – Variance from Type B Buffer Planting Requirements

• Applicant/Representative: Same as above (Scott McCloy for RUS NM LLC).
• Proposal: Variance from the type B buffer planting requirements of the neighborhood protection standards (Section 16-43) for the same Diamond Drive site. The buffer is required along the western side of the property adjacent to residential uses.
• Staff Presentation: Danielle Valdez presented that staff found criteria A (public safety, health, welfare) met, but criteria B, D, E, and F were not met. The applicant sought full relief from planting requirements based on cost and existing vegetation, but staff noted that no physical hardship exists, and the existing vegetation (mostly deciduous, not evergreen) does not meet the type B standard. Staff also noted that the variance would undermine the intent of the code and create adverse impacts by removing the required landscaped buffer.
• Applicant Testimony: Mr. McCloy argued that the purpose of the buffer (adequate transition and preserving neighborhood character) is already met by the existing grade change, berm, mature trees, and the 65-foot setback (far exceeding the 20-foot buffer width). He stated that the mobile food vending area itself has no trees but is set back significantly.
• Commission Deliberation: Commissioners discussed the criteria and agreed with staff that the applicant did not demonstrate a hardship inherent to the lot, and that granting the variance would remove necessary screening for the neighboring residential area. Commissioner Brule noted that the existing trees are mostly deciduous and do not provide year-round screening. The commission concluded that criteria B, D, E, and F were not met.
• Vote: Motion to deny the variance unanimously (8-0).

Key Outcomes

• Case SIT 2026-0080 (1735 Central Avenue): Approved conditionally (8-0) with the condition that fire department connections and post indicator valves for the sprinkler system be shown on the site plan for building permit review. The chair is authorized to sign the final order.
• Case SIT 2026-0081 (1377 & 1399 Diamond Drive): Approved conditionally (6-2) with nine conditions including: closing the northern driveway, providing water and electrical outlets, restroom facilities, solid waste coordination, and operating hours of 7 AM to 9 PM. The chair is authorized to sign the final order. Commissioners Brule and Grimm voted no.
• Case VAR 2026-0019 (Variance): Denied unanimously (8-0). The applicant did not meet the required criteria for a variance. The chair is authorized to sign the findings of fact and conclusions of law.
• Appeal Period: Any final action may be appealed within 15 calendar days (excluding county holidays) by the property owner, persons required to be mailed notice, county officials, or persons with a recognized legal interest.
• Next Steps: The commission noted that the comprehensive plan update consultants will return the week of August 19, 2026, and the public survey remains open. The next regular meeting is scheduled for August 2026.