1 #4) UN NUVEDA - CULTIVATION SPECIAL USE PERMIT PUBLIC HEARING STAFF REPORT To: Planning Commission Meeting date: September 14, 2016 Item: UN Prepared by: Robert Eastman GENERAL INFORMATION: Applicant: Owner: Requested action: Purpose: Location: Clark Natural Medicinal Solutions, LLC Cheysim, LLC Approval of a special use permit To allow a Cultivation Facility for Medical Marijuana Southeast Corner of Simmons Street and Brooks Street Parcel Number(s): Lot area: Comprehensive Plan: Existing land use and zoning: ± acres Mixed-Use Employment Undeveloped; M-1 Business Park Industrial District Surrounding land use and zoning: North: Office Warehouse; M-2, General Industrial District East: Office Warehouse; M-1 Business Park Industrial District South: Undeveloped; R-1, Single-Family Low Density Residential District West: Undeveloped (North Las Vegas Airport); M-2, General Industrial District
2 BACKGROUND INFORMATION: The applicant is requesting Planning Commission consideration to allow a cultivation and production facility for medical marijuana. According to the site plan, the total building area is approximately 34,776 square feet in size. The green houses used for cultivation will be 27,216 square feet with the remaining 7,560 square feet will be used for production and office areas for the facility. The cultivation area is contained in six greenhouses. The facility will be constructed on the north side of the site; with the majority of the site remaining undeveloped. The applicant has also requested a separate Special Use Permit (UN-59-16) to allow the production of edible marijuana products or marijuana-infused products within the same building. That application is also on this agenda for Planning Commission consideration. The floor plan show a single entrance that provides access to the lobby, which then provides access both the cultivation and production areas. The floor plan shows five greenhouses for flowering with one greenhouse for the mothering and cloning plants. In addition there are several rooms for trimming, drying shipping and receiving, labs, kitchen, and offices. The site plan indicates that 57 parking spaces are being provided for the subject site. The proposed cultivation and production facilities require approximately 43 parking spaces. A perimeter landscaping area is provided adjacent to Brooks Avenue and Simmons Street, however no landscape plans are provided. Building elevations indicate that the building will be constructed of concrete tilt-up panels. The greenhouses will contain glass pitched roofs, with a traditional flat roof on the offices and production facility. The elevations provided do not provide enough information to ensure the building is in compliance with the industrial design standards, however, any new construction will be required to meet the design standards. The foundation landscaping area is in compliance with code requirements; however a landscape plan has not been provided and will be reviewed during the building permit process. DEPARTMENT COMMENTS: Public Works Department: Fire Prevention: Police Department: Please see the attached memorandum Please see the attached memorandum Please see the attached memorandum. ANALYSIS:
3 A cultivation facility for medical marijuana is permitted within the M-2, General Industrial District with the approval of a special use permit by the Planning Commission. According to Title 17, the following requirements must be demonstrated. Distance Separation Requirements: The applicant must submit a survey from a Nevada licensed surveyor that demonstrates the proposed establishment meets the separation requirements of 1,000 from a school, 300 feet from a community facility and developed residential. The submitted survey indicates that these requirements have been met. Separate, Stand Alone Building or Facility: According to the site plan, the applicant is proposing to locate the cultivation facility within a portion of the building, with the possibility of a future expansion, with building additions. Within the same building, the applicant is also proposing the production of edible marijuana products or marijuana-infused products. It appears both uses will be interconnected by various doors within the building. Appropriately Zoned: The subject site has the appropriate zoning of M-2, General Industrial District. Specific Use of the Facility: The applicant is proposing a cultivation facility for medical marijuana. Other than the production facility, the letter of intent or site plan do not indicate any other activities. A Single Entrance: According to the floor plan, it appears that one entrance is proposed for both the cultivation and production facilities. Should the State require separate entrances for both uses within the building, the floor plan would need to be amended to reflect this requirement. The only other entrances appear to be additional ingress/egress doors for life safety and loading. No Outside Storage: The site plan does not indicate that outside storage is proposed as part of this use. Minimum Square Footage: According to the letter of intent, the cultivation facility will be approximately 27,192 square feet. In addition, the building contains another 7,560 square feet for the proposed production facility. Therefore, the minimum size criteria of 3,500 square feet has been met. In addition to the above requirements, there are several other requirements the applicant would need to comply with that cannot be determined with the submittal of a land use request. Those requirements include, but are not limited to maintaining discreet and professional signage, complying with life safety requirements, and ensuring there is no emission of dust, fumes, vapors, or odors. Requirements for Approval of a Special Use Permit In accordance with the Zoning Ordinance, the Planning Commission may, by motion, grant a special use permit if the Planning Commission finds, from the evidence presented, that all of the following facts exist:
4 1. The proposed use is consistent with the Comprehensive Master Plan and all applicable provisions of this Code and applicable State and Federal regulations; 2. The proposed use is consistent with the purpose and intent of the zoning district in which it is located and any applicable use-specific standards and criteria in Chapter of this Code; 3. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (such as, but not limited to, hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts); 4. Any significant adverse impacts anticipated to result from the use will be mitigated or offset to the maximum extent practicable; and 5. Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection, and roads and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development. Staff has no objections to the proposed use. The proposed use is consistent with the zoning designation, and also appears to be consistent with the criteria set for a medical marijuana establishment. In regards to compatibility with the surrounding properties, the applicant will need to ensure on an on-going basis that noise, odor, dust, or other external impacts do not negatively impact the surrounding properties. However, the site will require some modifications, the drive aisle adjacent to Simmons Street will need to be moved to ensure adequate landscaping is provided adjacent to the street. Additionally, the building and landscaping will be required to comply with the industrial design standards. Furthermore, prior to issuance of any tenant improvements or the issuance of a business license, the applicant will need to ensure that appropriate facilities and services are in place. RECOMMENDATION: The Community Development and Compliance Department recommends that UN be approved subject to the following condition: Planning and Zoning: 1. That, unless expressly authorized through a variance, waiver or another approved method, this development shall comply with all applicable codes and ordinances. 2. That a single entrance shall be provided for the cultivation facility apart from the production facility, except for additional exits that may be required to comply with life safety requirements, or as otherwise allowed by the Nevada Division of Public and Behavioral Health and Nevada Revised Statute Requirements.
5 3. The floor plan shall be revised to remove all interconnecting doors throughout the building in order to provide a separation from the cultivation facility to the production facility, or as otherwise allowed by the Nevada Division of Public and Behavioral Health and Nevada Revised Statute Requirements. Public Works: 4. The size and number of driveways and their locations are subject to review and approval by the City Traffic Engineer and must meet the standards set forth in North Las Vegas Municipal Code section and Clark County Area Uniform Standard Drawing number 222.1, including throat depths. Conformance will require modifications to the site plan. 5. Commercial driveways are to be constructed in accordance with Clark County Area Uniform Standard Drawing number 225, with minimum widths of 32 feet as measured from lip of gutter to lip of gutter. 6. Approval of a traffic study is required prior to submittal of the civil improvement plans. Please contact Traffic Engineering at to request a scope. 7. Construction of the following streets and/or half streets is required per the Master Plan of Streets and Highways and/or City of North Las Vegas Municipal Code section : a. Brooks Avenue b. Simmons Street c. Evans Avenue 8. The property owner is required to grant a pedestrian access easement for sidewalk located within a common element, or on private property, when that sidewalk is providing public access adjacent to the right-of-way. 9. A revocable encroachment permit for landscaping within the public right of way is required. 10. The property owner is required to grant a roadway easement for commercial driveway(s). 11. The public street geometrics, width of over-pave and thickness of the pavement sections will be determined by the Department of Public Works. 12. The civil improvement plans for the project shall include schedule 40 PVC fiber optic conduit along Simmons Street. 13. Prior to the installation of any subgrade street improvements, all required underground utilities (i.e. telephone, power, water, etc.) located within public rightsof-way, shall be extended a minimum of ten (10) feet beyond the project boundary.
6 14. All known geologic hazards shall be shown on the site plan and the civil improvement plans. Subsequent identification of additional hazards may substantially alter the original site plan. 15. Approval of a drainage study is required prior to submittal of the civil improvement plans. 16. Clark County Regional Flood Control District (CCRFCD) concurrence with the results of the drainage study is required prior to approval of the civil improvement plans. 17. All Nevada Energy easements, appurtenances, lines and poles must be shown and shall be located entirely within the perimeter landscape area of this development. Distribution lines, existing or proposed, shall be placed underground if impacted by the proposed development of the parcel or if the pole impedes upon the proper ADA clearances for sidewalk. Under no circumstances will new down guy wires be permitted. 18. All off-site improvements must be completed prior to final inspection of the first building. Police Department: 19. Suitable back up power to allow keypads and cameras/dvr to function during power outage. 20. Off-site remote access to surveillance cameras. 21. Secure roll up doors and alarm auxiliary doors for emergency exit only. 22. Fencing and gates should be to appropriate security levels. ATTACHMENTS: Public Works Memorandum Fire Prevention Division Memorandum Police Department Memorandum Letter of Intent Site Plan Floor Plans Building Elevations Survey Location and Zoning Map