# 15 ) UN-07-16

GREEN HEAVEN NURSERY - CULTIVATION

SPECIAL USE PERMIT

PUBLIC HEARING

STAFF REPORT

To: Planning Commission Meeting date: January 13, 2016 Item: UN-07-16 Prepared by: Marc Jordan

GENERAL INFORMATION:

Applicant: Helping Hands Wellness dba Green Heaven

Nursery Owner: J & S Whittle Family LP Requested action: Approval of a special use permit Purpose: To allow a Cultivation Facility for Medical

Marijuana

Location: 3255 Losee Road and 1102 Sharp Circle Parcel Number(s): 139-11-413-022 and 139-11-413-023 Lot area: 1.04 ± acres Comprehensive Plan: Heavy Industrial

Existing land use and zoning: Office Warehouse and Storage; M-2 General

Industrial District Surrounding land use and zoning: North: Office Warehouse; M-2, General Industrial

District East: Undeveloped; M-2, General Industrial District South: Truck Stop; 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 cultivation facility for medical marijuana. According to the letter of intent, the applicant is proposing to develop the subject site in two (2) phases. The first phase will convert the existing two-story building into both cultivation and production. The existing building would consist of approximately 6,437 square feet of cultivation space and approximately 2,600 square feet of production space. The second phase would be the construction of a new 12,500 square foot building for cultivation. The existing building was constructed in 1997 and is approximately 24 feet in height. The front of the building has been constructed with decorative block and metal. The sides and rear of the building have also been constructed with metal. The applicant has indicated the new building will be architecturally compatible with the existing building. The site plan shows that 32 parking spaces would be provided, where approximately 25 parking spaces would be required under the current Zoning Ordinance for both buildings. Access is provided by one driveway from Losee Road. The subject site consists of two (2) parcels. The southern parcel contains the existing building that would be converted for the first phase of cultivation and production. Landscaping is currently in place on this parcel and for a portion of the northerly parcel. The northerly parcel is currently being used for outside storage and contains minimal improvements. The proposed cultivation facility has one primary entrance door at the front of the building and will be located on the first floor. According to the applicant, the existing roll up doors will be locked and new interior walls constructed to block the doors. According to the floor plan, the cultivation area will consist of various grow rooms, vegetation benches, drying and curing vault, trim room, and various other areas associated with the cultivation of medical marijuana The applicant has also filed a request (UN-06-16) 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. The applicant has received staff approval of two conditional use permits (CUP-251-14 and CUP-252-14) for the cultivation of medical marijuana and the production of edible marijuana products or marijuana-infused products, respectively within the Apex area. 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. On October 14, 2014, the City Council approved a request (UN-56-14) for a Cultivation Facility for Medical Marijuana on a portion of the subject site (1102 Sharp Circle). In addition, on the same date the City Council approved a request (UN-57-14) for the Production of Edible Marijuana Products or Marijuana-Infused Products, and a request (UN-58-14) for Medical Marijuana Dispensary on the same property. The applicant has not requested an extension of time, and therefore those requests have expired.

DEPARTMENT COMMENTS:

Public Works Department: Please see the attached memorandum.

Fire Prevention: Please see the attached memorandum.

Building Division: 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 an existing, 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 new building is proposed for cultivation only. 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.

Minimum Square Footage: The proposed cultivation facility will be approximately 6,437 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 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 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 a business license, the applicant will need to ensure that appropriate facilities and services are in place. The design of the northerly parcel, with the new construction, appear to comply with the development standards for new construction within an industrial district, with the exception of a portion of the perimeter landscaping next to Sharp Circle. Title 17 requires a minimum 10 feet of landscaping next to perimeter streets. However, approximately five (5) feet of landscaping is shown between an existing wall and the sidewalk next to Sharp Circle. The previous requirement for landscaping next to streets within the industrial district was five (5) feet. As the landscaped area is currently existing next to the block wall, and a block wall has been installed, staff has no objections to allowing five (5) feet of landscaping within this area next to Sharp Circle.

RECOMMENDATION: The Community Development and Compliance Department recommends that UN-07-16 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. 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. A traffic impact study may be required. Please contact Traffic Engineering at (702) 633-2676 to request a scope.

5. Presently “L” type curb and gutter exists at the existing “crash gate” location. A

commercial driveway will not be permitted at this location with this site plan. Incidentally, to prevent driving on the sidewalk, the crash gate shall be permanently closed or removed and replaced with a block wall or fence meeting the City of North Las Vegas Municipal Code - Title 17 requirements.

6. All Nevada Energy easements, appurtenances, lines and poles must be shown and

shall be located entirely within the perimeter landscape area of this development. Distribution lines, existing or proposed, shall be placed underground if impacted by the proposed development of the parcel or if the pole impedes upon the proper ADA clearances for sidewalk. Under no circumstances will new down guy wires be permitted.

Police Department: 7. Suitable back up power to allow keypads and cameras/DVR to function during

power outage. 8. Off-site remote access to surveillance cameras.

9. Secure roll up doors and alarm auxiliary doors for emergency exit only.

10. Appropriate lighting on exterior of building which does not glare cameras.

11. Repair or replace fencing and gates to appropriate security levels.

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