# 11 ) UN MEDICAL MARIJUANA - CULTIVATION SPECIAL USE PERMIT PUBLIC HEARING

Transcription

1 # 11 ) UN MEDICAL MARIJUANA - CULTIVATION SPECIAL USE PERMIT PUBLIC HEARING STAFF REPORT To: Planning Commission Meeting date: June 8, 2016 Item: UN Prepared by: Marc Jordan GENERAL INFORMATION: Applicant: Owner: Requested action: Purpose: Libra Wellness Center, LLC Global Bio Labs LLC Approval of a special use permit To allow a Cultivation Facility for Medical Marijuana Location: Apex Harbor Lane, Suite 100 Parcel Number(s): Lot area: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: 3.98 ± acres Heavy Industrial Undeveloped; M-2 General Industrial District North: Undeveloped; M-2, General Industrial District East: Love s Travel Stop; 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 several phases. The first phase will consist of a single, two-story building. The cultivation facility will be approximately

2 15,903 square feet in size and will be located on the first floor. The site plan also shows three (3) additional buildings for future construction. (Note: According to the scale on the site plan, the foot prints for the three additional buildings total approximately 60,000 square feet in size. This could also increase should the applicant propose multi-story buildings.) Building elevations indicate the building will be constructed of corrugated metal panels for the walls, with a standing seam metal roof. The building elevations show the building at approximately 25 feet in height. The site plan shows one entrance on Apex Harbor Lane, with a second entrance on Apex Great Basin Way. Approximately 13 parking spaces are shown on the site plan. 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. The proposed cultivation facility has one primary entrance door at the front of the building and will be located on the first floor. Additional doors for life safety are also shown on the floor plan. According to the floor plan, the cultivation area will consist of various grow rooms, mother room, harvest and trim room, cure room, and various other areas associated with the cultivation of medical marijuana The applicant has also filed a request (UN-32-16) for the production of edible marijuana products or marijuana-infused products within the same building on the second floor. That request is also on this agenda for Planning Commission consideration. The proposed request is a change of location. When originally requested in 2014, the applicant received staff approval of two conditional use permits (CUP and CUP ) for the cultivation of medical marijuana and the production of edible marijuana products or marijuana-infused products, respectively within the Apex area (11075 Apex Sapphire Avenue). However, the applicant recently filed and received staff approval of two new conditional use permits (CUP and CUP-08-16) also for the cultivation of medical marijuana and the production of edible marijuana products or marijuana-infused products, respectively on the subject site as a result of relocating to accommodate Faraday. According to the information obtained from the State, it appears the applicant has received a provisional license from the State for both cultivation and production. Currently, only a conditional use permit is 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, until the Zoning Ordinance is amended to require a special use permit, staff has offered applicants the ability to apply for a special use permit prior to amending the Zoning Ordinance. (Note: Staff has already started the process to amend the Zoning Ordinance to require a special use permit within the Apex area for medical marijuana establishments. The ordinance amendment, ZOA was considered by the Planning Commission on May 11, 2016, and is pending City Council consideration.)

3 DEPARTMENT COMMENTS: Public Works Department: Fire Prevention: Building Division: Police Department: Please see the attached memorandum. Please see the attached memorandum. Please see the attached memorandum. The North Las Vegas Police Department has no concerns 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 locate the cultivation facility within a majority of a new, stand alone building. The remaining portion, second floor of the building is proposed for the production of edible marijuana products or marijuana-infused products. 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 on the second floor, the letter of intent or site plan or site 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. No Outside Storage: The site plan does not indicate that outside storage is proposed as part of this use.

4 Minimum Square Footage: The proposed cultivation facility will be approximately 15,903 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. 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

5 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(s) size(s) and the required parking for the building(s). In this particular case, the building is approximately 15,903 for the cultivation facility and approximately 4,368 square feet for the production facility, for a total of 20,271 square feet. The required parking is based upon one (1) parking space per 1,000 square feet of gross floor area. Therefore, 21 parking spaces are required for this building. (Note: Additional parking will be required as the site plan only shows 13 parking spaces. In addition, when other buildings are proposed, additional parking will be required based upon the size of the buildings.) Occupancy is based upon 1.2 persons per vehicle multiplied by the required parking (1.2 X 21) for a total of 26 people. The occupancy (number of people) is then divided by the acreage (3.98) which equals about 6.5 persons per acre. Therefore, the proposed use is allowable within the Transition Area. (Note: As additional buildings are built in the future, the applicant would need to ensure compliance with this requirement, and subdividing the parcel will not be allowed.) 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. Approval of a traffic study is required prior to submittal of the civil improvement plans. Please contact Traffic Engineering at to request a scope. 5. 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. 6. Construction of the following streets is required per the Apex / Mountain View Industrial Park development standards:

6 a. Apex Crossing Lane b. Apex Great Basin Way c. Apex Harbor Lane 7. Provide a pavement turn around at the termination of the streets. 8. All off-site improvements must be completed prior to final inspection of the first building. ATTACHMENTS: Public Works Department Fire Prevention Memorandum Building Division Memorandum Letter of Intent Site Plan Floor Plans Building Elevations Survey Clark County Assessor s Map Location and Zoning Map

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