# 10 ) UN-02-16

RED ROCK WELLNESS - CULTIVATION

SPECIAL USE PERMIT

PUBLIC HEARING

STAFF REPORT

To: Planning Commission Meeting date: January 13, 2016 Item: UN-02-16 Prepared by: Marc Jordan

GENERAL INFORMATION:

Applicant: Red Rock Wellness LLC Owner: Farman LLC and Richard B. Laatz Requested action: Approval of a special use permit Purpose: To allow a Cultivation Facility for Medical

Marijuana

Location: 34 Mayflower and 38 Mayflower Avenue Parcel Number(s): 139-15-612-018 and 139-15-612-020 Lot area: .75 ± acres Comprehensive Plan: Mixed-Use Employment

Existing land use and zoning: 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: 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 floor plan and

letter of intent, the applicant is proposing to locate the cultivation facility within two existing buildings. The buildings were constructed in 2000 and are located within an industrial area comprised of other office/warehouse buildings. The site plan indicates that two new additions are proposed, a 1,408 square foot expansion and a second floor addition of approximately 2,996 square feet in size to the southerly building. In total, when completed, the southerly building will be 10,557 square feet in size. The northerly building is approximately 5,634 square feet in size. Cultivation is proposed on the first floor of the southerly building, approximately 7,055 square feet, and within the northerly building. The existing buildings are approximately 20 feet in height, and the new addition will be approximately 24 feet in height. The site plan shows 19 parking spaces for both buildings, where approximately 20 parking spaces would be required under the current Zoning Ordinance. Access is provided by one driveway from Mayflower Avenue. The buildings are currently constructed with smooth face block for the portion of the building that may be considered as warehouse. Split face block has been used for the front of the building, possibly the office area. The building elevations for the new addition appear to match the smooth face block. The southerly building proposed for a cultivation facility has one primary entrance door at the front of the building. An additional secured shipping entrance is proposed on the south side of the building within the existing storage yard. According to the floor plan, the first floor area will be used for cultivation and consist of flowering rooms, vegetation area, drying room, packaging area, and various other areas associated with the cultivation of medical marijuana. The northerly building will be used in its entirety for cultivation. The applicant has also filed a request (UN-01-16) for the production of edible marijuana products or marijuana-infused products within the southerly 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-239-14 and CUP-240-14) 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.

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 the southerly building, and within the northerly building. Both buildings are existing, stand alone buildings. The remaining portion, second floor of the southerly 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 of the southerly 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 floor plan, a single entrance is proposed. The only other entrance appears to be one secured entry point for receiving and shipping.

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 7,055 square feet in size for the southerly building and approximately 5,634 square feet in size for the northerly building for a total of 12,689 square feet. 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 business license, the applicant will need to ensure that appropriate facilities and services are in place. The applicant is proposing an addition to the south side of the southerly building. According to the building elevations it appears that smooth face block is proposed. The building was constructed in 2000; it is likely, plans and permits were obtained prior to the adoption of industrial design guidelines. However, new additions to existing buildings are subject to the design requirements. The Zoning Ordinance requires stone, stucco, colored or exposed aggregate, textured finish concrete, precast textured concrete panels, or decorative block and brick for building exteriors. Smooth face block would not be considered as an acceptable material. Therefore, staff recommends that the exterior materials used for the new addition match the exterior materials used on the front of the building, which is a split face concrete block. Title 17 allows a use that does not meet the parking requirements to be converted to another use without full compliance of the required parking, provided the applicant provides the maximum amount of parking spaces possible without being required to

remove or partially remove a structure. Should the applicant need additional parking, there should be sufficient space within the secured storage yard.

RECOMMENDATION: The Community Development and Compliance Department recommends that UN-02-16 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.

2. Exterior building materials for the new addition must match the exterior building materials used for the front of the building.

Public Works:

3. Prior to issuance of the business license/certificate of occupancy, a traffic study must be submitted to Public Works for review and approval. The applicant may apply for a traffic study waiver. Please contact Traffic Engineering at 702-633-2676 to request a scope.

4. A drainage study for the project is required, however, due to the size of the site, this development may be eligible for a drainage study waiver. Please complete and submit the waiver application to Public Works Development & Flood Control Division (Dan Le at 702-633-1932). Applications may be found on the City of North Las Vegas website http://www.cityofnorthlasvegas.com/About/Forms.shtm

Police Department: 5. Suitable back up power to allow keypads and cameras/DVR to function during

power outage. 6. Off-site remote access to surveillance cameras.

7. Secure doors and alarm auxiliary doors for emergency exit only.

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

ATTACHMENTS: Public Works Memorandum 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