# 5 ) UN GREENLEAF FARMS HOLDINGS - CULTIVATION SPECIAL USE PERMIT PUBLIC HEARING

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Claribel Owen
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1 # 5 ) UN GREENLEAF FARMS HOLDINGS - CULTIVATION SPECIAL USE PERMIT PUBLIC HEARING STAFF REPORT To: Planning Commission Meeting date: March 9, 2016 Item: UN Prepared by: Marc Jordan GENERAL INFORMATION: Applicant: Owner: Requested action: Purpose: Location: Greenleaf Farms Holdings Alexander & Belmont LLC Approval of a special use permit To allow a Cultivation Facility for Medical Marijuana 3939 Belmont Street Parcel Number(s): Lot area: Comprehensive Plan: Existing land use and zoning: 2.3 ± acres Heavy Industrial Office Warehouse; M-2 General Industrial District Surrounding land use and zoning: North: Office Warehouse; M-2, General Industrial District East: Office Warehouse; M-2, General Industrial District South: Office Warehouse; 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 floor plan and

2 letter of intent, the applicant is proposing to locate the cultivation facility within the existing building. The building is located within an industrial area comprised of other office/warehouse buildings. The site plan and letter of intent indicates the existing building is approximately 26,000 square feet in size. Based upon the floor plan and letter of intent, approximately 22,000 square feet of the building is proposed for the cultivation of medical marijuana. The remaining portions of the building are proposed for the production of medical marijuana (approximately 2,200 square feet) and common areas and offices (approximately 1,800 square feet). The existing single-story building has been constructed with concrete block and painted in earth tone colors. There are six (6) roll up doors within a loading area. Five (5) doors will be secured with the remaining door available for delivery or pick up of supplies and shipments. The letter of intent indicates there are approximately 45 parking spaces, and the site plan shows approximately 78 parking spaces where approximately 29 parking spaces would be required under the current Zoning Ordinance for the proposed uses. Access is provided by two (2) driveways from Belmont Street. The site is also surrounded with a block wall and wrought iron gates at the entrances. (Note: The current tenant, K & G Foam Design will relocate in the near future.) The applicant has indicated that one (1) primary entrance will be provided on the east side of the building into the common areas and offices that will serve both the cultivation and production facilities where a security guard will be stationed. The applicant has also indicated that if required separate entrances can be provided to each facility proposed within the building. According to the letter of intent, the applicant will employ between 14 to 17 people at this facility. According to the floor plan the applicant is proposing to develop the cultivation facility in two (2) phases. The first phase will be approximately 8,000 square feet, and the second phase will be developed based upon market demand. The cultivation facility will consists of a nursery, vegetation rooms, flowering rooms, and support areas. The applicant has also filed a request (UN-19-16) for the production of edible marijuana products or marijuana-infused products within the same building. That request is also on this agenda for Planning Commission consideration. The proposed request is a change of location. The applicant has 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. In addition, prior to the submittal of the current applications, the applicant proposed to relocate their establishments to an area on Mayflower Avenue, utilizing an existing special use permit (UN-62-14) for cultivation. The applicant also received a special use permit (UN-33-15) for production on Mayflower. However, the Mayflower location does not appear to work for the applicant, and thus the reason for the current application. 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. DEPARTMENT COMMENTS:

3 Public Works Department: Fire Prevention: Building Division: Police Department: Please see the attached memorandum. Please see the attached memorandum. No comment. 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 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 the existing building. The remaining portion of the building is proposed for the production of edible marijuana products or marijuana-infused products. The proposed use would be connected to the production facility by interconnecting doors. 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 within a portion of the building, the letter of intent or site plan do not indicate other activities not associated with the proposed use. A Single Entrance: According to the letter of intent, a single entrance is proposed for both uses. The only other entrances appear to be six (6) roll up doors attached to the existing loading dock, where five (5) doors will be secured, and the other door for delivery or pick up services, and various life safety doors. Should the State require separate entrances for both uses within the building, the floor plan would need to be amended to reflect this requirement. No Outside Storage: The site plan shows an existing storage yard, but does not indicate that outside storage is proposed as part of this use.

4 Minimum Square Footage: The proposed cultivation facility will be approximately 22,000 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 tenant improvements or business license, the applicant will need to ensure that appropriate facilities and services are in place. RECOMMENDATION:

5 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. 2. That a single entrance shall be provided for the cultivation facility apart from the proposed production of edible marijuana products or marijuana-infused products 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 Statutes Requirements. 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 of edible marijuana products or marijuana-infused products facility, or as otherwise allowed by the Nevada Division of Public and Behavioral Health and Nevada Revised Statutes Requirements. Police Department: 4. Suitable back up power to allow keypads and cameras/dvr to function during power outage. 5. Off-site remote access to surveillance cameras. 6. Secure doors and alarm auxiliary doors for emergency exit only. 7. Appropriate lighting on exterior of building which does not glare cameras. 8. Repair or replace fencing and gates to appropriate security levels. Public Works: 9. The entry gate shall remain open during business hours.

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

#4) UN NUVEDA - CULTIVATION SPECIAL USE PERMIT PUBLIC HEARING

#4) UN NUVEDA - CULTIVATION SPECIAL USE PERMIT PUBLIC HEARING #4) UN-60-16 NUVEDA - CULTIVATION SPECIAL USE PERMIT PUBLIC HEARING STAFF REPORT To: Planning Commission Meeting date: September 14, 2016 Item: UN-60-16 Prepared by: Robert Eastman GENERAL INFORMATION: