# 17 ) UN DESERT GREEN FARMS SPECIAL USE PERMIT EXTENSION OF TIME PUBLIC HEARING

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1 # 17 ) UN DESERT GREEN FARMS SPECIAL USE PERMIT EXTENSION OF TIME PUBLIC HEARING STAFF REPORT To: Planning Commission Meeting date: December 9, 2015 Item: UN Prepared by: Robert Eastman GENERAL INFORMATION: Applicant: Owner: Requested action: Purpose: Location: GBS Holdings, LLC GBS Holdings, LLC Approval of an extension of time for an existing special use permit To allow a Cultivation Facility for Medical Marijuana Southeast corner of Beesley Drive and Azure Avenue Parcel Number(s): Lot area: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: 9.15 ± acres Heavy Industrial Undeveloped; M-2 General Industrial District North: Sysco Food Services; M-2, General Industrial District East: Undeveloped; M-2, General Industrial District South: Undeveloped; M-2, General Industrial District West: Undeveloped; O-L Open Land BACKGROUND INFORMATION: The applicant is requesting Planning Commission consideration for an extension of time for

2 a previously approved special use permit to allow a cultivation facility for medical marijuana. The special use permit was originally approved by the City Council on October 14, The site plan has two phases and two future buildings. The applicant has received a provisional license from the State for the proposed use. The applicant has also filed a request (UN ) for an extension of time for a special use permit to allow the production of edible marijuana products or marijuana-infused products, which is scheduled for tonight s agenda. According to the site plan, the applicant is proposing to occupy 17,059 square feet of the 18,347 square foot Building A with the cultivation facility. The remaining portion (1,288 square feet) would be used for the production of edible marijuana products or marijuanainfused products. In addition, the site plan indicates additions for Building A and Building D. The addition to Building A is approximately 26,000 square feet and Building D is proposed to be 124,800 square feet. Building C is identified as a pharmacy. However, this site was not granted a provisional license for a dispensary and the applicant did not apply for an extension of time for the use permit. The previously submitted floor plan shows a single entrance for each use. The cultivation facility contains cultivation and processing facilities. Production facilities are proposed in a small portion of Building A (identified as Building B ). The facility is completely separated from the neighboring use and contains a separate entry and security. The applicant is proposing a total of 164 parking spaces at build-out of the project where 107 parking spaces are required. Access to the site is from two drives located along Azure Avenue. Access to Building D is from a single secured access area. The remaining buildings can be accessed from the central parking lot. Landscaping on the site is in compliance with industrial design standards. The site plan provides 20 feet of landscaping along Azure Avenue. Additionally, there is adequate parking lot landscaping and foundation landscaping for the proposed buildings. The proposed building A is 24 8 in height, with a flat roof and parapet, while building C is 30 8 in height. According to the building elevations, the buildings will be constructed of concrete tilt-up panels. Building A contains a belt line and windows around the accessory offices. Building C has more of an office appearance and has windows on all sides and aluminum accents on the front façade. It appears that one primary entrance for each use will be provided that will front the parking lot facing Azure Avenue. DEPARTMENT COMMENTS: Public Works Department: Fire Department: Please see the attached memorandum. Please see the attached memorandum.

3 Building Division: Police Department: Please see the attached memorandum. Please see the attached memorandum. 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 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 proposed establishment in the majority of a proposed building with two phases. The remaining portion of the building is proposed for the production of medical marijuana. The proposed use would be separated from the proposed production facility. 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 a production facility proposed in a different suite, the letter of intent or site plan do not indicate other activities within the same suite proposed for cultivation. A Single Entrance: According to the floor plan, it appears that one entrance is proposed. The only other entrances appear 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 floor plan indicates a facility of approximately 17,059 (phase 1) and 169,200 (build out) square feet in size. This meets the minimum size criteria of 3,500 square feet. 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

4 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. The proposed site plan is in compliance with the design standards. 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: 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:

5 2. 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. 3. Approval of a drainage study is required prior to submittal of the civil improvement plans. 4. Dedication and 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. Azure Avenue b. Beesley Drive 5. The public street geometrics, width of over-pave and thickness of the pavement sections will be determined by the Department of Public Works. 6. Approval of a traffic study is required prior to submittal of the civil improvement plans; a queuing analysis may be required. Please contact Traffic Engineering at to request a scope. 7. No dimensions are provided for the easternmost exit-only driveway. One way driveways must be a minimum of 12 wide measured from face-of-curb to face-ofcurb. The western driveway is located to close to Beesley Drive. The minimum back of curb radius at the Beesley Drive/Azure Way intersection is 25 feet. 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 will require modifications to the site. 8. A turn analysis using Auto Turn or similar software program shall be provided showing that trucks can maneuver into the proposed secured access drive aisle. 9. Commercial driveways are to be constructed in accordance with Clark County Area Uniform Standard Drawing numbers 222.1, including throat depths, and 225, with minimum widths of 32 feet as measured from lip of gutter to lip of gutter. 10. The property owner is required to grant a roadway easement for commercial driveway(s). 11. 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. 12. All off-site improvements must be completed prior to final inspection of the first building.

6 Police Department: 13. All applications must follow State of Nevada requirements for facility security. 14. Police Department approval is contingent upon submittal of a security plan to the Police Department, which will be verified with a site visit. ATTACHMENTS: Public Works Memorandum Fire Protection Memorandum Building Division Memorandum Police Department Memorandum Letter of Intent Site Plan Floor Plan Building Elevations Survey Clark County Assessor s Map Location and Zoning Map

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