# 13 ) UN-38-16 MARAPHARM LV LLC - CULTIVATION

SPECIAL USE PERMIT PUBLIC HEARING

STAFF REPORT

To: Planning Commission Meeting date: June 8, 2016 Item: UN-38-16 Prepared by: Marc Jordan GENERAL INFORMATION: Applicant: Eco Nevada LLC and PhenoFarm NV LLC Owner: Marapharm Las Vegas, LLC, and Apex

Holding Company LLC Requested action: Approval of a special use permit Purpose: To allow a Cultivation Facility for Medical

Marijuana

Location: 13435 Apex Harbor Lane Parcel Number(s): 103-13-010-027, 103-13-010-028, and

103-13-010-029 Lot area: 7.0 ± acres Comprehensive Plan: Heavy Industrial

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

District East: Undeveloped; M-2, General Industrial District South: Undeveloped; 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 site plan, the applicant is proposing to develop the subject site in several phases. The first phase will consist of a single-story building (#1), approximately 4,995 square feet in size for cultivation only. The site plan also shows three (3) additional buildings for future construction. A second building (#2), also proposed at 4,995 square feet will consist of 3,995 square feet of cultivation and 1,000 square feet of production. The site plan also shows two larger buildings, both proposed at three (3) stories in height (approximately 60 feet). The building (#3) directly east of the two (2) smaller buildings will be approximately 81,005 square feet in size and consist of 66,005 square feet of cultivation and 15,000 square feet of production. The fourth building (#4), approximately 200,005 square feet in size is proposed for cultivation only. In total, approximately 291,000 square feet of cultivation and production are proposed on the subject site. According to the applicant’s representative, two different companies are proposing to utilize the subject site, PhenoFarm NV LLC, and Eco Nevada LLC. PhenoFarm NV LLC is proposing to occupy the first building for cultivation. A building permit has been filed for this building. Eco Nevada LLC is proposing to occupy the second building for both cultivation and production. The third building will be utilized by Eco Nevada for production only, and by PhenoFarm NV for cultivation. The fourth building is proposed to be occupied by Eco Nevada for cultivation. Building elevations indicate the building will be constructed of metal panels with building heights ranging from approximately 22 feet in height for the smaller buildings and approximately 60 feet in height for the larger buildings. According to the applicant, the metal panels will be pre-finished with an exterior cement plaster texture with multiple colors. The site plan shows one entrance on Apex Harbor Lane. Approximately 365 parking spaces are shown on the site plan, where 291 are required. The location of the subject site within the Apex area is considered as a less visible site and is also located within the Transition Area. The applicant has also indicated that a chain-link fence with green mesh screening and barbed wire are proposed to secure the property. According to the floor plan for the first building, two (2) entrances are proposed within the building for the cultivation facility. The second smaller building shows that one (1) entrance will provide access to both the cultivation and production components. The two larger buildings, it appears that one access into each building is proposed. Additional doors are shown, and it appears these doors are designated as life safety doors. The cultivation areas will consist of various grow rooms, mothering room, trim rooms, storage areas, office space, and various other areas associated with the cultivation of medical marijuana. The applicant has also filed a request (UN-39-16) for the production of edible marijuana products or marijuana-infused products within the same buildings. That request is also on this agenda for Planning Commission consideration.

The proposed request is a change of location for Eco Nevada LLC. When originally requested in 2014, the applicant received staff approval of two conditional use permits (CUP-265-14 and CUP-266-14) for the cultivation of medical marijuana and the production of edible marijuana products or marijuana-infused products, respectively within the Apex area (10985 Apex Opal Court). 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. In addition, PhenoFarm NV LLC has also received staff approval of a conditional use permit (CUP-39-15) for the cultivation of medical marijuana on the subject site. Currently, only a conditional use permit is necessary for an applicant to operate a medical marijuana establishment within the Apex area. However, the State now requires proof from an applicant that their proposed medical marijuana establishment was approved as part of a public hearing process. This was a result of a recent amendment to NRS as a result of SB 276. Therefore, until the Zoning Ordinance is amended to require a special use permit, staff has offered applicants the ability to apply for a special use permit prior to amending the Zoning Ordinance. (Note: Staff has already started the process to amend the Zoning Ordinance to require a special use permit within the Apex area for medical marijuana establishments. The ordinance amendment, ZOA-03-16 was considered by the Planning Commission on May 11, 2016, and is pending City Council consideration.) DEPARTMENT COMMENTS: Public Works Department: Please see the attached memorandum. Fire Prevention: Please see the attached memorandum. Building Division: Please see the attached memorandum. Police Department: The North Las Vegas Police Department has

no concerns with this request and recommends approval.

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 four (4) new, stand alone buildings. Two (2) of the four (4) buildings would also contain 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 within two (2) buildings, 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 plans, a single entrance is proposed for three (3) of the four (4) buildings. The only other entrance appears to be egress doors for life safety. The applicant would be required to amend the floor plan as necessary to comply with the single entrance requirement. 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 275,000 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 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 permits or a business license, the applicant will need to ensure that appropriate facilities and services are in place. The subject site is located within the Transition Area of the Apex area. The Transition Area was created because of the risks associated with overflights of aircraft carrying live ordnance from Nellis Air Force Base. As a result, any development within the Transition Area must not create a gathering of individuals that would result in an occupancy of more than 50 persons per acre at any time. The calculations to determine the occupancy per acre is based upon the building(s) size(s) and the required parking for the building(s). In this particular case, the buildings are approximately 275,000 square feet for the cultivation facilities and approximately 16,000 square feet for the production facilities, for a total of 291,000 square feet. The required parking is based upon one (1) parking space per 1,000 square feet of gross floor area for the cultivation and production areas, plus one (1) parking space per 500 square feet of area for the office space. Therefore, approximately 291 parking spaces are required for this building. Occupancy is based upon 1.2 persons per vehicle multiplied by the required parking (1.2 X 291) for a total of 350 people. The occupancy (number of people) is then divided by the acreage (7.0) which equals about 50 persons per acre. Therefore, the proposed use is allowable within the Transition Area. (Note: Should the square footages change in the future, the applicant would need to ensure compliance with this requirement.) The subject site is also comprised of three (3) parcels. The applicant has indicated these parcels will be combined into one parcel. This will need to be completed prior to issuance of a building permit. (Note: Once the parcels are combined, any future subdividing will be prohibited.) RECOMMENDATION:

The Community Development and Compliance Department recommends that UN-38-16 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. The applicant shall merge the three (3) parcels into one (1) parcel, prior to issuance of any building permit. Furthermore, once the parcels are combined, any future subdividing of the parcel will be prohibited.

Public Works:

3. Approval of a drainage study is required prior to submittal of the civil improvement plans.

4. All known geologic hazards, such as fault lines and/or fissures, shall be shown

on the civil improvement plans submitted to the Department of Public Works. Subsequent identification of additional hazards may substantially alter the original site plan.

5. Approval of a traffic study is required prior to submittal of the civil improvement

plans. Please contact Traffic Engineering at 633-2676 to request a scope. 6. The size and number of driveways and their locations are subject to review and

approval by the City of North Las Vegas Traffic Engineer and must meet the standards set forth in North Las Vegas Municipal Code section 17.24.040. Conformance may require modifications to the site.

7. Construction of the following streets is required per the Apex / Mountain View

Industrial Park development standards:

a. Apex Crossing Lane b. Apex Harbor Lane

8. Provide a pavement turn around at the termination of the streets. 9. Appropriate mapping is required to combine the parcels. All mapping shall be in

compliance with NRS Chapter 278 and the City of North Las Vegas Municipal Code. If the parcels are not combined then provide cross access agreements for the properties.

10. All off-site improvements must be completed prior to final inspection of the first

building.

11. The applicant shall provide paved access to the site within public right-of-way per Clark County Area Uniform Standard Drawings for Public Works' Construction - Off-Site Improvements, Drawing Number 209, or as otherwise required by the Director of Public Works. Additionally, an on-site service access drive from a public roadway must be provided that satisfies the Clark County Department of Air Quality and Environmental Management rules and regulations.

ATTACHMENTS: Public Works Department Fire Prevention Memorandum Building Division Memorandum Letter of Intent Site Plan Floor Plans and Building Elevations (Smaller Buildings) Floor Plans and Building Elevations (Larger Buildings) Survey Clark County Assessor’s Map Location and Zoning Map