# 7 ) UN-88-14 MD DEVELOPMENT - CULTIVATION

SPECIAL USE PERMIT EXTENSION OF TIME

PUBLIC HEARING

STAFF REPORT

To: Planning Commission Meeting date: February 10, 2016 Item: UN-88-14 Prepared by: Robert Eastman GENERAL INFORMATION: Applicant: MD Development Owner: MD Development Requested action: Amend conditions of approval for an existing

special use permit Purpose: To allow a Cultivation Facility for Medical

Marijuana

Location: 228 West Owens Avenue Parcel Number(s): 139-22-803-002 Lot area: 1.87 + acres Comprehensive Plan: Downtown Business District

Existing land use and zoning: Auto Impound Yard; M-2, General Industrial

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

East: Outdoor recycling center; M-2, General Industrial District South: Office/Warehouse; City of Las Vegas M, Industrial District West: Interstate I-15 and Undeveloped; C-2, General Commercial District

BACKGROUND INFORMATION: The applicant is requesting Planning Commission consideration to amend the conditions of approval of a special use permit to allow a cultivation facility for medical marijuana, which was approved by the Planning Commission on December 9, 2015. The special use permit was originally approved by the City Council on October 14, 2014. Specifically the applicant is requesting to phase the development conditions into three phases. Because the applicant needs to be operational within 18 months of being notified by the State, the applicant is proposing three (3) phases of development. The first phase would follow the originally approved site plan by retrofitting the existing buildings for both cultivation and production. The second phase and third phase would consist of the new buildings located along the eastern property line. According to the applicant’s letter of intent, the State is requiring all provisional MME licensees be operational by May 2016. The May 2016 deadline makes it impossible to be operational and complete all conditions of approval. Additionally, the applicant intends to refurbish the existing builds and will keep them through all phases of development. Since the first phase does not alter the site, the conditions of approval should be deferred to later phases when construction of the additional buildings and parking areas will alter the site. The applicant is requesting modifications to the following nine conditions as described below:

2. Ten feet of landscaping shall be provided along Owens Avenue. The landscaping shall include trees every 20 feet on center, with shrubs and groundcover to provide 50% coverage within two years of planting.

The applicant is proposing to provide landscaping with the construction of the first new building (phase 2) or within 3 years if construction of new buildings does not occur.

3. The applicant shall provide a decorative block wall around the perimeter of the site.

The applicant is proposing to build the wall with phase 3 or within 5 years, whichever comes first.

4. The entire site shall be paved with asphalt or concrete to provide a dust free parking surface.

The applicant requests that only the portion of the site that contains parking areas and drive aisles be required to be paved.

5. The two parking spaces that protrude into the right-of-way shall be removed. The applicant requests to keep the parking spaces during phase 1 and will request an encroachment permit. The parking spots shall be removed with phase 2.

8. The property owner shall grant a twenty-four foot (24') wide public ingress/egress easement to the landlocked parcel (APN 139-22-803-001) north of the applicant’s parcel.

The applicant is proposing to grant a twelve foot (12’) limited access easement to the landlocked parcel. Access will only be granted during business hours and requires 24-hour notice to be given to the MME cultivation / production facility.

9. The gates shown on the plan at the driveway on Owens Avenue shall be removed, as unrestricted access is required to serve APN 139-22-803-001. In the event the owner of APN 139-22-803-001 agrees to some form of gating, or other security measures, compliance with Clark County Area Uniform Standard Drawings number 222.1 for throat depths is required; additionally, a queuing analysis may also be required. Emergency access must be maintained.

The applicant is requesting that this condition be removed.

10. Existing non-compliant driveways shall be removed and replaced with ADA compliant driveways. The existing driveway on Owens Avenue shall be removed and replaced with an ADA compliant commercial driveway per Clark County Area Uniform Standard Drawings numbers 222.1 and 225, with minimum widths of 32 feet as measured from lip of gutter to lip of gutter.

The applicant requests to keep the driveway as constructed with phase 1, and proposes to construct an ADA compliant driveway with phase 2 or within 3 years, whichever comes first.

11. The existing parking area within the public right-of-way shall be removed. The applicant requests to keep the parking spaces during phase 1 and will request an encroachment permit. The parking spots shall be removed with phase 2.

12. If the parking lot is required to be paved, or if a block wall is to be constructed on the property, approval of a drainage study is required prior to submittal of the civil improvement plans.

The applicant is requesting to amend the condition to require a drainage study with any new construction. DEPARTMENT COMMENTS: Public Works Department: Please see the attached memorandum. Fire Department: No comments. ANALYSIS:

Normally, conditions of approval are placed on a site to bring the site into compliance with current Title16 & 17 requirements. They are also used to get exactions from a development to ensure the development does not place an undue burden on the City or neighboring properties or to help protect neighboring properties from the proposed development. The required conditions of approval will help bring the site closer to compliance with Title 16 & 17. The most unique condition is # 8, which requires a 24 foot access way to another lot. A parcel should have access from a right-of-way, access is not possible from the Union Pacific Right-of-Way or from the I-15, and the condition of approval is an attempt to provide access to the site. In general, city staff does not support the proposed amendments; however, some minor changes can be done to help the applicant and provide some time to improve the site. The Public Works Department has submitted a memorandum that emphasizes the need for all conditions to be completed with the first phase of the development. Condition #2 could be amended to give the applicant time to complete the landscaping. The recommendation is to allow the applicant one year to complete the installation of the required landscaping. Condition #3 can be amended to remove the decorative wall requirement, and require the chain link fence be removed with approval of the business license. Staff agrees with the requested amendment to condition #4, with the additional requirement that curbing be used to prevent vehicle access to the unpaved areas. 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.

RECOMMENDATION: The Community Development and Compliance Department recommends that UN-88-14 be approved subject to the following amended 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. Ten feet of landscaping shall be provided along Owens Avenue. The landscaping

shall include trees every 20 feet on center, with shrubs and groundcover to provide 50% coverage within two years of planting. The landscaping plans must be submitted at time of business license approval and must be completed by February 10, 2017.

3. Prior to approval of the business license, the chain link fence along Owens

Boulevard shall be removed. 4. All parking areas and drive aisles shall be paved with asphalt or concrete to provide

a dust free parking surface. Curbing shall be installed with the paving to prevent vehicle access to the unpaved portion of the site.

5. The two parking spaces that protrude into the right-of-way shall be removed.

6. That a single entrance shall be provided for the cultivation facility apart from the

proposed production facility and the proposed dispensary, 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.

7. The floor plan shall be revised to remove all interconnecting doors throughout the buildings in order to provide a separation from the cultivation facility to the proposed production facility or the proposed dispensary, or as otherwise allowed by the Nevada Division of Public and Behavioral Health and Nevada Revised Statutes Requirements.

Public Works: 8. The property owner shall grant a twenty-four foot (24') wide public ingress/egress

easement to the landlocked parcel (APN 139-22-803-001) north of the applicant’s parcel.

9. The gates shown on the plan at the driveway on Owens Avenue shall be removed, as unrestricted access is required to serve APN 139-22-803-001. In the event the owner of APN 139-22-803-001 agrees to some form of gating, or other security measures, compliance with Clark County Area Uniform Standard Drawings number 222.1 for throat depths is required; additionally, a queuing analysis may also be required. Emergency access must be maintained.

10. Existing non-compliant driveways shall be removed and replaced with ADA

compliant driveways. The existing driveway on Owens Avenue shall be removed and replaced with an ADA compliant commercial driveway per Clark County Area Uniform Standard Drawings numbers 222.1 and 225, with minimum widths of 32 feet as measured from lip of gutter to lip of gutter.

11. The existing parking area within the public right-of-way shall be removed. 12. If the parking lot is required to be paved, or if a block wall is to be constructed on the

property, approval of a drainage study is required prior to submittal of the civil improvement plans.

Police Department: 13. All applications must follow State of Nevada requirements for facility security. 14. Police Department approval is contingent upon submittal of a security plan to the

Police Department, which will be verified with a site visit. ATTACHMENTS:

Public Works Memorandum Letter of Intent Site Plans Floor Plans Building Elevations Clark County Assessor’s Map Location and Zoning Map