# 14 ) UN-76-16 GREEN KISS, INC. - DISPENSARY

SPECIAL USE PERMIT PUBLIC HEARING

STAFF REPORT

To: Planning Commission Meeting date: December 14, 2016 Item: UN-76-16 Prepared by: Marc Jordan GENERAL INFORMATION: Applicant: Green Kiss, Inc. Owner: David Abovian Requested action: Approval of a special use permit Purpose: To allow a Medical Marijuana Dispensary

Location: 4050 Losee Road Parcel Number(s): 139-01-401-009 Lot area: .9 ± acres Comprehensive Plan: Heavy Industrial

Existing land use and zoning: Former Bank Building; M-2 General Industrial

District Surrounding land use and zoning: North: Fire Station; M-2, General Industrial

District East: Developing Warehouse; M-2, General Industrial District South: City of North Las Vegas Fire Department Administration; M-2, General Industrial District West: Office Warehouse; M-2, General Industrial District

BACKGROUND INFORMATION: The applicant is requesting Planning Commission consideration of a special use permit to allow a medical marijuana dispensary. The entire site is approximately .9 acres in size, and contains one building that was formerly used as a bank. The existing building is

approximately 4,655 square feet in size. According to the site plan and floor plans the applicant is proposing to expand the building by another 1,945 square feet for a total of 6,600 square feet. (Note: The letter of intent indicates the building to be 6,690 square feet.) According to the floor plan, a single entrance is proposed at the southwest side of the building that will provide access to both the dispensary and cultivation facilities. The floor plan indicates there would be a check-in room, waiting area, security room, dispensary area, and various other rooms associated with the dispensary. According to the applicant’s letter of intent 1,100 square feet will be used for retail, and another 400 square feet for offices and administrative space. According to the applicant’s letter of intent, hours of operation are proposed between 8:00 a.m. and 9:00 p.m., seven days a week. The applicant has also requested a separate Special Use Permit (UN-75-16) to allow a Cultivation Facility for Medical Marijuana within the same building. That application is also on this agenda for Planning Commission consideration. The site plan indicates that approximately 35 parking spaces will be provided on the subject site. The proposed cultivation facility requires approximately 11 parking spaces, and the proposed dispensary requires approximately six (6) parking spaces. Therefore, sufficient parking available for both proposed uses. The building was constructed in approximately 1997. According to the building elevations, the building has been constructed with a stucco exterior, and various decorative features and a decorative entry feature. Staff has no record nor does it appear the applicant has received provisional licenses for either use from the State. DEPARTMENT COMMENTS: Public Works Department: No comment. Fire Prevention: Please see the attached memorandum. Police Department: The North Las Vegas Police Department has no

issues with this application and recommends approval.

Building Division: Please see the attached memorandum. ANALYSIS: A medical marijuana dispensary is permitted within the M-2, General Industrial District with the approval of a special use permit by the Planning Commission, and when proposed in combination with a cultivation and/or production facility. 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, 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 facility within a portion of the building. Within the same building the applicant is also proposing a cultivation facility for medical marijuana. It appears both uses will be interconnected by various 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 medical marijuana dispensary. Other than a cultivation facility, the letter of intent or site plan do not indicate any other activity within the area proposed by the applicant. A Single Entrance: According to the floor plan, it appears that one entrance is proposed for both the cultivation and dispensary facilities. Should the State require separate entrances for both uses within the building, the floor plan would need to be amended to reflect this requirement. 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 proposed dispensary will be approximately 1,500 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 building was previously designed and used as a bank. The design and materials of the building are consistent with commercial developments, which can include pharmacies or medical offices. 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; 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 17.20 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 concerns with the proposed use. The subject site is located within the center of an industrial complex that is not conducive for a dispensary. Similar to the other dispensaries already approved, high traffic areas within commercial locations are more suitable for a dispensary. Furthermore, the applicant has not received State approval of a provisional license for a dispensary, and the City was only allocated four dispensary licenses, which have already be assigned to other operators. As a result, approval of this special use permit would not allow the applicant the ability to operate a dispensary at the subject site. In addition, staff is not aware that any additional licenses are going to be issued by the State in the future. As a result, this request is premature and not appropriate at this location. Therefore, staff cannot support this request. RECOMMENDATION: The Community Development and Compliance Department recommends that UN-76-16 be denied. If however, the Planning Commission were to determine that approval is warranted, then staff recommend 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. Prior to issuance of a business license or any tenant improvements, the applicant

must receive State approval of a provisional license to operate a dispensary at the subject site.

3. Tenant improvements for a dispensary may only be issued in conjunction with tenant improvements for a cultivation facility for medical marijuana related to UN-75-16.

4. A business license for a dispensary may only be issued in conjunction with a business license for a cultivation facility for medical marijuana related to UN-75-16.

5. Should the special use permit (UN-75-16) for a Cultivation Facility for Medical Marijuana not be approved then this special use permit shall become null and void.

6. The hours of operation for the dispensary shall only be allowed between 9:00 a.m. and 8:00 p.m.

ATTACHMENTS:

Fire Prevention Memorandum Building Division Memorandum Letter of Intent Site Plan Floor Plans Building Elevations Clark County Assessor’s Map Survey Letter Location and Zoning Map