# 5 ) UN THREE CUPS YARD NORTH AMERICA CULTIVATION FACILITY SPECIAL USE PERMIT PUBLIC HEARING

Transcription

1 # 5 ) UN THREE CUPS YARD NORTH AMERICA CULTIVATION FACILITY SPECIAL USE PERMIT PUBLIC HEARING STAFF REPORT To: Planning Commission Meeting date: November 9, 2016 Item: UN Prepared by: Marc Jordan GENERAL INFORMATION: Applicant: Owner: Requested action: Purpose: Location: Three Cups Yard North America, LLC Three Cups Yard Real Estate, LLC Approval of a special use permit To allow a Cultivation Facility for Medical Marijuana Apex Great Basin Way Parcel Number(s): Lot area: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: 6.65 ± acres Heavy Industrial Undeveloped; M-2 General Industrial District North: Love s Travel Stop; Clark County East: Undeveloped; Clark County South: Undeveloped; M-2, General Industrial District West: Undeveloped; M-2, General Industrial District BACKGROUND INFORMATION: The applicant is requesting Planning Commission consideration of a special use permit to allow a cultivation facility for medical marijuana. According to the site plan, the applicant is proposing to develop the subject site in phases, with the first building at approximately 48,276 square feet in size. The second phase would consist of an additional building at approximately 36,000 square feet in size. The applicant has

2 indicated that construction on the first phase will start this year, with a final completion in June of No time line has been indicated for the second phase of construction. The site plan shows one entrance with a guard gate on Apex Great Basin Way. An additional entrance is also shown on Apex Crossing Lane. Approximately 58 parking spaces are shown on the site plan, where approximately 49 parking spaces are required for phase one. The second phase would require approximately 36 additional parking spaces. Landscaping is shown next to both streets with an eight (8) foot high chain link security fence surrounding the subject site. The location of the subject site within the Apex area is considered as a less visible site and is also located within the Transition Area. Building elevations indicate the building will be constructed with integral colored split face cmu with an upper band of smooth face cmu block. The upper portion of the building would also consist of architectural metal wall panels. The building elevations also show that a pitched standing seam metal roof is proposed. Building colors indicate the cmu block would be tan, the architectural metal panels would be dark bronze, with a bone white roof consisting of a solar reflective material. The building elevations show the building at approximately 17 feet in height to the eve of the roof with an overall height of approximately 27 feet. The proposed cultivation facility has one primary entrance door at the front of the building that provides access to a lobby reception area. Additional doors for life safety and a roll up door to a loading area are also shown on the floor plan. According to the floor plan, there will be several cultivation and vegetation rooms, a processing area, mothering room, and various other areas associated with the cultivation of medical marijuana The proposed request is a change of location. On October 14, 2014, the applicant received staff approval of a conditional use permit (CUP ) for a cultivation facility located at Apex Diamond Avenue. Furthermore, on October 27, 2015, staff approved an extension of time for the same conditional use permit. According to the information obtained from the State, the applicant has received a provisional license from the State for cultivation. Previously, only a conditional use permit was necessary for an applicant to operate a medical marijuana establishment within the Apex area. However, the State now requires proof from an applicant that their proposed medical marijuana establishment was approved as part of a public hearing process. This was a result of a recent amendment to NRS as a result of SB 276. Therefore, the Zoning Ordinance was amended to require a special use permit. (Note: The ordinance amendment, ZOA-03-16, Ordinance 2760 was considered by the Planning Commission on May 11, 2016, and subsequently approved by the City Council on June 15, 2016.) DEPARTMENT COMMENTS: Public Works Department: Please see the attached memorandum.

3 Fire Prevention: Police Department: Please see the attached memorandum. The North Las Vegas Police Department has no issues with this request and recommends approval. ANALYSIS: 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 feet from a school, and 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 operate a cultivation facility within the new building. No other use has been indicated on the site plan, floor plan, or in the letter of intent. 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. The letter of intent, site plan or floor plan do not indicate other activities not associated with the proposed use. A Single Entrance: According to the floor plan, a single entrance is proposed. The only other entrance appears to be egress doors for life safety and a roll up door leading to a loading area. No Outside Storage: The site plan does not indicate that outside storage is proposed as part of this use. Minimum Square Footage: The proposed cultivation facility will be approximately 48,276 square feet in size. Therefore, the minimum size requirement of 3,500 square feet for cultivation 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.

4 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; 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. Furthermore, prior to issuance of any permits or a business license, the applicant will need to ensure that appropriate facilities and services are in place. The subject site is located within the Transition Area of the Apex area. The Transition Area was created because of the risks associated with overflights of aircraft carrying live ordnance from Nellis Air Force Base. As a result, any development within the Transition Area must not create a gathering of individuals that would result in an occupancy of more than 50 persons per acre at any time. The calculations to determine the occupancy per acre is based upon the building size and the required parking for the building. In this particular case, the building (first phase) is approximately 48,276 square feet in size. The required parking is based upon one (1) parking space per 1,000 square feet of gross floor area. Therefore, 49 parking spaces are required for this building. Occupancy is based upon 1.2 persons per vehicle multiplied by the required parking (1.2 X 49) for a total of 59 people. The occupancy (number of people) is then divided by the acreage (6.65) which equals to

5 approximately nine (9) persons per acre. Therefore, the proposed use is allowable within the Transition Area. (Note: When the applicant is ready to construct the second phase, based upon the site plan, an approximate 36 additional parking spaces will be needed. As a result this with increase the occupancy per acre to approximately 16 persons per acre.) RECOMMENDATION: The Community Development and Compliance Department recommends that UN be approved subject to the following conditions: 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. Public Works: 2. Approval of a drainage study is required prior to submittal of the civil improvement plans. 3. All known geologic hazards, such as fault lines and/or fissures, shall be shown on the civil improvement plans submitted to the Department of Public Works. Subsequent identification of additional hazards may substantially alter the original site plan. 4. Traffic cost participation is required prior to approval of the civil improvement plans. Please contact Traffic Engineering at to for the cost participation amount. 5. Provide a pavement turn around at the termination of the streets 6. The size and number of driveways and their locations are subject to review and approval by the City of North Las Vegas Traffic Engineer and must meet the standards set forth in North Las Vegas Municipal Code section Conformance may require modifications to the site. 7. Construction of the following street is required per the Apex / Mountain View Industrial Park development standards: a. Apex Great Basin Way b. Apex Crossing Lane 8. All off-site improvements must be completed prior to final inspection of the first building.

6 ATTACHMENTS: Public Works Department Fire Prevention Memorandum Letter of Intent Site Plan Floor Plans Building Elevations Survey Clark County Assessor s Map Location and Zoning Map

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