# 8 ) UN MME DISPENSARY AT 2113 N. LV BLVD SPECIAL USE PERMIT EXTENSION OF TIME PUBLIC HEARING

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1 # 8 ) UN MME DISPENSARY AT 2113 N. LV BLVD SPECIAL USE PERMIT EXTENSION OF TIME PUBLIC HEARING STAFF REPORT To: Planning Commission Meeting date: December 9, 2015 Item: UN Prepared by: Marc Jordan GENERAL INFORMATION: Applicant: Owner: Requested action: Purpose: Location: Clark NMSD, LLC dba NuVeda 2113 Investors LLC Approval of an extension of time for an existing special use permit To allow a Medical Marijuana Dispensary 2113 N. Las Vegas Boulevard Parcel Number(s): Lot area: Comprehensive Plan:.6 ± acres Downtown Business District Existing land use and zoning: Office Building; R-A/DC, Redevelopment Area / Downtown Core Subdistrict Surrounding land use and zoning: North: Rosemont Leasing Office and Club House; R-A/DC, Redevelopment Area / Downtown Core Subdistrict East: Silver Nugget Casino; R-A/DC, Redevelopment Area / Downtown Core Subdistrict South: Strip 91 Motel; R-A/DC, Redevelopment Area / Downtown Core Subdistrict West: Mobile Home Park; R-A/DC, Redevelopment Area / Downtown Core Subdistrict

2 BACKGROUND INFORMATION: The applicant is requesting Planning Commission consideration for an extension of time for a previously approved special use permit to allow a medical marijuana dispensary. The special use permit was originally approved by the City Council on October 14, The applicant has not indicated that any changes are proposed to the original submittal. The applicant has received a provisional license from the State for the proposed use. According to the site plan and floor plan, the applicant is proposing to occupy a portion of a building that is approximately 6,523 square feet in size. The floor plan shows the portion of the building proposed for a dispensary to be approximately 3,809 square feet in size. The floor plan does not indicate the type of use proposed for the area not occupied by the proposed dispensary. The floor plan shows a single entrance at the front of the building that provides access to the lobby. The floor plan also shows areas for patient education, consultation rooms, offices, inventory room, vault and other rooms associated with the proposed dispensary The site plan indicates that 38 parking spaces are being provided, where 27 are required for the proposed use and the future tenant of the space not occupied by the dispensary. The building was constructed in approximately According to the site plan, additional landscaped improvements are proposed within the parking lot and adjacent to the west side of the building. In addition, it also appears that additional landscaped materials are also proposed within the landscaped planter area next to Las Vegas Boulevard. The existing building is currently constructed of block and brick, and contains a flat roof. Facade improvements are proposed for the front of the building facing Las Vegas Boulevard. In addition, the applicant is proposing to install a standing seam roof, and paint the remaining exterior elevations. The applicant has indicated in their original letter of intent the desire to provide an interior and exterior that is modern, professional, orderly, dignified and consistent with the traditional style of pharmacies and medical offices. The building elevations indicate that new fiber cement panels and windows would be provided to the front of the building. The letter of intent does not indicate the hours of operation. DEPARTMENT COMMENTS: Public Works Department: Fire Department: Building Division: Police Department: Please see the attached memorandum. Please see the attached memorandum. Please see the attached memorandum. Please see the attached memorandum. ANALYSIS:

3 A medical marijuana dispensary is permitted within the R-A/DC, Redevelopment Area / Downtown Core Subdistrict with the approval of a special use permit. 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 1,000 feet from another dispensary. 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 proposed establishment in a portion of a stand alone building. Appropriately Zoned: The subject site has the appropriate zoning of R-A/DC, Redevelopment Area / Downtown Core Subdistrict. Specific Use of the Facility: The applicant is proposing a medical marijuana dispensary. The letter of intent or site plan do not indicate other activities, other than a dispensary. A Single Entrance: According to the floor plan, it appears that one entrance is proposed. The only other entrances appears to be additional ingress/egress doors for life safety. No Outside Storage: The site plan does not indicate that outside storage is proposed as part of this use. Minimum Square Footage: The proposed dispensary will be approximately 3,809 square feet in size. Therefore, the minimum size criteria of 1,500 square feet for a dispensary has been met. Appearance: The facility must have an appearance, both as to the interior and exterior that is professional, orderly, dignified and consistent with pharmacies or medical offices. The proposed exterior improvements of the building appear to be consistent with that of a medical office. 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, not obstructing windows, 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: 1. The proposed use is consistent with the Comprehensive Master Plan and all applicable provisions of this Code and applicable State and Federal regulations;

4 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. The proposed site and building improvements would aid in the redevelopment of the subject site located within the Downtown Redevelopment Area. Prior to issuance of a business license for the proposed use, all site and building improvements should be completed. The Public Works Department in their original consideration have included conditions of approval regarding driveway improvements. 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. 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 conditions: (Note: This item is required to be forwarded to the Redevelopment Agency for final consideration.) 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. The applicant shall complete all site and building improvements prior to the issuance of a business license. Public Works Department:

5 3. Due to the proximity of the neighboring driveway, the southerly driveway shall be removed and replaced with curb, gutter and sidewalk per the applicable standard drawings. 4. It is recommended that the centrally located driveway also be removed and replaced with curb, gutter and sidewalk, if the existing shared driveway at the northerly property line is expanded. a. In this case, the shared driveway shall be removed and replaced with an ADA compliant commercial driveway per Clark County Area Uniform Standard Drawings number 226.S1 or as otherwise approved by the City Traffic Engineer. 5. Existing non-compliant driveways shall be removed and replaced with ADA compliant driveways. a. Should the existing shared driveway at the northerly property line not be expanded as recommended in the above condition, the centrally located driveway shall be removed and replaced with an ADA compliant commercial driveway per Clark County Area Uniform Standard Drawings number 226.S1 or as otherwise approved by the City Traffic Engineer. 6. Due to the Las Vegas Blvd Complete Streets project, the timing and construction of the required subject improvements, and permit issuance, shall be coordinated with the City Traffic Engineer. Police Department: 7. All applications must follow State of Nevada requirements for facility security. 8. Police Department approval is contingent upon submittal of a security plan to the Police Department, which will be verified with a site visit.

6 ATTACHMENTS: Public Works Memorandum Fire Department Memorandum Building Division Memorandum Building Division Memorandum dated November 10, 2015 Police Department Memorandum Police Department Memorandum dated November 3, 2015 Site Photo s Letter of Intent for an Extension of Time Original Letter of Intent City Council Notice of Final Action Site Plan Landscaping Plan Floor Plan Building Elevations Survey Clark County Assessor s Map Location and Zoning Map

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# 17 ) UN DESERT GREEN FARMS SPECIAL USE PERMIT EXTENSION OF TIME PUBLIC HEARING # 17 ) UN-101-14 DESERT GREEN FARMS SPECIAL USE PERMIT EXTENSION OF TIME PUBLIC HEARING STAFF REPORT To: Planning Commission Meeting date: December 9, 2015 Item: UN-101-14 Prepared by: Robert Eastman GENERAL