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Agenda tem No.: 32.

AGENDA SUMMARY PAGE - PLANNING


SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING Consent Discussion

SUB1ECT:
SUP-55295 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: M'LIFE
WELLNESS, LLC - OWNER: NEVADA SPACE, INC. - For possible action on a request Ior a
Special Use Permit FOR A PROPOSED 4,000 SQUARE-FOOT MEDICAL MARIJUANA
DISPENSARY at 2800 Highland Drive (APN 162-09-202-007), M (Industrial) Zone, Ward 1
(Tarkanian). StaII recommends APPROVAL.

C.C.: 10/28/2014

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:

Planning Commission Mtg. 0 Planning Commission Mtg. 0


City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
StaII recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and StaII Report
3. Supporting Documentation
4. Photos
5. JustiIication Letter


SUP-55295
FS

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: M'LIFE WELLNESS, LLC - OWNER: NEVADA
SPACE, INC.


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55295 StaII recommends APPROVAL, subject to conditions:

N/A


`` CONDITIONS ``


SbF-5525 CONDIIIONS


Planning

1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Medical
Marijuana Dispensary use.

2. No physician or medical person making recommendations Ior medical marijuana may be
located within a dispensary.

3. There shall be no on-premise consumption (the use, smoking, ingestion or consumption oI
any marijuana, edible marijuana or marijuana inIused product) on the licensed premises.

4. All development shall be in conIormance with the site plan, building and sign elevations
and Iloor plan, date stamped 09/04/14 except as amended by conditions herein. Any
modiIication oI the premises oI a medical marijuana establishment shall be Iiled 60 days in
advance oI any proposed construction. A Iull and complete copy oI all architectural and
building plans shall be Iiled with the Director Ior a review oI compliance with Title 6.95
and Title 19. The Director shall review the plans and approve any modiIications in
compliance with this chapter prior to the commencing oI any construction oI
modiIications.
SUP-55295
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Conditions Page Two
September 23, 2014 - Special Planning Commission Meeting



5. This approval shall be void eighteen months Irom the date oI Iinal approval, unless
exercised pursuant upon the issuance oI a business license. An Extension oI Time may be
Iiled Ior consideration by the City oI Las Vegas.

6. All necessary building permits shall be obtained and Iinal inspections shall be completed
in compliance with Title 19 and all codes as required by the Department oI Building and
SaIety.

7. These Conditions oI Approval shall be aIIixed to the cover sheet oI any plan set submitted
Ior building permit, as well as submitted as part oI any business license application.

8. The presence oI minors on the premises oI a medical marijuana establishment is prohibited
unless the minor is a qualiIied patient on the premises oI a dispensary and is accompanied
by his or her parent or legal guardian.

9. Approval oI this Special Use Permit does not constitute approval oI a medical marijuana
Iacility license.

10. This business shall operate in conIormance to Chapter 6.95 oI the City oI Las Vegas
Municipal Code.

11. No temporary signs such as banners, pennants, inIlatable objects, streamers, Ilags, or other
similar attention gaining item or devices shall be displayed upon the subject property or a
vehicle displaying advertisement in the parking lot oI the subject property without the
appropriate permits.

12. This Special Use Permit shall be reviewed biennially concurrently with the associated
business license, at which time the City Council may require the termination oI the use.
The applicant shall be responsible Ior notiIication costs oI the review. Failure to pay the
City Ior these costs may result in a requirement that the Medical Marijuana Dispensary be
removed.

13. All medical marijuana products shall remain in the original manuIacturer's conIiguration
intended Ior oII-sale.

14. A Medical Marijuana Dispensary shall obtain all required approvals Irom the State oI
Nevada to operate such a Iacility prior to the Special Use Permit being exercised pursuant
to LVMC 19.16.110.

15. ConIormance to all regulations pertaining to Medical Marijuana Establishment Iound
within Nevada Revised Statute 453A and Nevada Administrative Code NAC 453A.

16. All City Code requirements and design standards oI all City departments must be satisIied,
except as modiIied herein.

SUP-55295
FS
17. ConIormance to the associated Iinal recommendation oI the Downtown Design Review
Committee (DDRC) shall be required.
SUP-55295
FS
Staff Report Page One
September 23, 2014 - Special Planning Commission Meeting



`` STAFF REPORT ``



PRO1ECT DESCRIPTION

This application is a request Ior a Special Use Permit Ior a proposed Medical Marijuana
Dispensary to be located at 2800 Highland Drive. The subject site complies with all minimum
distance requirements as set Iorth by Title 19.12 and thereIore the use can be conducted in a
compatible and harmonious manner with the existing surrounding land uses and Iuture land uses
as projected by the General Plan. As such, StaII recommends approval oI the proposed use with
standard conditions. II denied, no Medical Marijuana Dispensary would be permitted to be
established at this site.

ISSUES

The Medical Marijuana Dispensary use is permitted within an M (Industrial) zoning district
with the approval oI a Special Use Permit.
The subject building elevations and signage has been reviewed and approved by the
Downtown Design Review Committee (DDRC) on August 26th, 2014.
For the subject site to be eligible Ior a Medical Marijuana Establishment the subject site must
be in compliance with all minimum distance separation requirements, pursuant to Title 19.12,
as set Iorth by adopted Ordinance No. 6321.
Simultaneous reviews oI the business license application and the Special Use Permit
application were conducted. II either application Iailed to comply with their respective
requirements both applications would have been deemed incomplete and consequently
rejected.


BACKGROUND INFORMATION

Related Relevant City Actions by P&D, Fire, Bldg., etc
05/21/14
City Council approved Text Amendment (TXT-52502) to amend LVMC
Chapter 19.12 related to Permitted Uses and Chapter 19.18 related to
DeIinitions and Measures to add Medical Marijuana Dispensaries, Facilities
Ior the Production oI Edible Marijuana Products or Marijuana InIused
Products and Marijuana Cultivation Facilities as permissible uses by adding
zoning district applicability, descriptions and deIinitions Ior these activities as
they are contemplated by SB 374 oI the Nevada Revised Statues and to
provide Ior other related matters. Ordinance No. 6321.
SUP-55295
FS
Staff Report Page Two
September 23, 2014 - Special Planning Commission Meeting



Related Relevant City Actions by P&D, Fire, Bldg., etc
06/04/14
City Council approved Text Amendment (TXT-52502) to amend Las Vegas
Municipal Code Title 6 to implement licensing regulations related to Iacilities
Ior the production oI edible marijuana products or marijuana-inIused
products, medical marijuana dispensaries, medical marijuana cultivation
Iacilities, and independent testing laboratories, collectively reIerred to as
medical marijuana establishments, in conIormance with the intent oI SB 374
oI the 2013 session oI the Nevada Legislature and to provide Ior other related
matters. Ordinance 6324.
08/26/14
The Downtown Design Review Committee approved with conditions the
building elevations and signage Ior the proposed Medical Marijuana
Dispensary.


Most Recent Change of Ownership
08/04/14 A deed was recorded Ior a change in ownership.


Pre-Application Work Croup
06/12/14
06/17/14
06/19/14
07/01/14
Multiple pre-application workgroup meetings were Iacilitated, in which
submittal requirements Ior the Iiling oI the Special Use Permit application, as
well as Business Licensing applications were reviewed and supplemental
handouts were given.


Field Check
07/31/14
StaII visited the site and Iound a warehouse building. The property was
generally clean and well maintained.


Details of Application Request
Site Area
Net Acres 3.97


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property Industrial
LI/R (Light Industrial /
Research)
M (Industrial)
North Industrial
LI/R (Light Industrial /
Research)
M (Industrial)
SUP-55295
FS

Staff Report Page Three
September 23, 2014 - Special Planning Commission Meeting



Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
South Industrial
LI/R (Light Industrial /
Research)
M (Industrial)
East Industrial
BDRP (Business Design
and Research Park -
Clark County
Designation)
M-1 (Light ManuIacturing
Clark County
Designation)
West Industrial
LI/R (Light Industrial /
Research)
M (Industrial)


Master Plan Areas Compliance
Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Industrial Corridor District Y
Airport Overlay District (175 It) Y
Live Work District N/A
Other Plans or Special Requirements Compliance
Las Vegas Redevelopment Plan Area N/A
Project oI SigniIicant Impact (Development Impact NotiIication Assessment) Y
Project oI Regional SigniIicance Y
Trails N/A

The subject site is located within the Downtown Centennial Plan area, the Airport Overlay
District and the Las Vegas Redevelopment area. The proposed dispensary is in conIormance
with all applicable standards related to these plan areas.

DEVELOPMENT STANDARDS

Street Name
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Highland Drive
Secondary
Collector
Planned Streets and
Highways Map
80 Y

SUP-55295
FS

Staff Report Page Four
September 23, 2014 - Special Planning Commission Meeting



Pursuant to 1itle 19.8 and 19.12, the following parking standards apply:
Parking Requirement
Required Provided Compliance
Parking Parking
Use
Cross Floor
Area or
Number of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Medical
Marijuana
Dispensary
Facility
4,000 SF 1/175 SF 23

Light
Industrial
9,222 SF 1/1000 SF 10

TOTAL SPACES REQUIRED 33

46

Y*
Regular and Handicap Spaces Required 30 2 40 6 Y*
Loading
Spaces
1 2 Y*

*Projects located within the Las Vegas Downtown Centennial Plan area are not subject to the
automatic application oI parking requirements. However, the above table should be used to illustrate
the requirements oI an analogous project in another location in the City. The subject site has adequate
parking Iacilities Ior the proposed dispensary and existing industrial uses on site.

Wall Signs:
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage 2 N*
Maximum Area 30 SF 30 SF Y
Maximum Height 2 Feet 3.6 Feet N*
Illumination
Internal
(Neon Prohibited)
Painted
Y

*The DDRC conditions oI approval require a revised sign elevation to ensure conIormance with
the maximum sign height oI two Ieet and the removal oI a Ireestanding sign that was shown on
the submitted plan set.

SUP-55295
FS

Staff Report Page Five
September 23, 2014 - Special Planning Commission Meeting



ANALYSIS

The Medical Marijuana Dispensary use is deIined as 'An establishment which acquires,
possesses, delivers, transIers, transports, supplies, sells or dispenses marijuana or related supplies
and educational materials to the holder oI a valid registry identiIication card. This use includes a
'medical marijuana dispensary, as deIined in NRS 453A.115. The justiIication letter states,
'Our primary goal is present a proactive approach to health and dispensary management by
providing a local, aIIordable and saIe environment to dispense the highest quality marijuana and
other alternative health products and services. The Iloor plan illustrates a 4,000 square-Ioot
Medical Marijuana Dispensary with 1,377 square Ieet oI waiting, queuing and transaction space.
Per the submitted justiIication letter and Iloor plan, the proposed use meets the deIinition
outlined above.

The Minimum Special Use Permit Requirements Ior this use include:

*1. Pursuant to its general authority to regulate the cultivation, production, dispensing
and sale oI medical marijuana, the City Council declares that the public health, saIety and
general welIare oI the City are best promoted and protected by generally requiring a
minimum separation between a medical marijuana dispensary and certain other uses that
should be protected Irom the impacts associated with a medical marijuana dispensary.
ThereIore, except as otherwise provided below, no medical marijuana dispensary may be
located within 1000 Ieet oI any school; or within 300 Ieet oI any individual care center
licensed Ior more than 12 children, community recreational Iacility (public), City park, or
church/house oI worship.

The proposed use meets this requirement, as there are no schools, within 1,000 feet of the
subfect property, as well as there are no individual care centers licensed for more than
12 children, community recreational facilities (public) or City parks or churches/houses
of worship within 300 feet of the subfect property.

* 2. The distance separation reIerred to in Requirement 1 shall be measured with
reIerence to the shortest distance between two property lines, one being the property line
oI the proposed medical marijuana dispensary which is closest to the existing use to
which the measurement pertains, and the other being the property line oI that existing use
which is closest to the proposed medical marijuana dispensary. The distance shall be
measured in a straight line without regard to intervening obstacles.

The proposed use meets this requirement, measurement is taken from the property line of
a portion of the southwest / of the northwest / of Section 9, Township 21 Range 61.

* 3. For the purpose oI Requirement 2, and Ior that purpose only:
SUP-55295
FS
a. The 'property line oI a protected use reIers to the property line oI a Iee interest
parcel that has been created by an approved and recorded parcel map or
subdivision map, and does not include the property line oI a leasehold parcel; and
Staff Report Page Six
September 23, 2014 - Special Planning Commission Meeting



b. The 'property line oI a medical marijuana dispensary reIers to:
i. The property line oI a parcel that has been created by an approved and
recorded parcel map or commercial subdivision map; or
ii. The property line oI a parcel that is located within an approved and
recorded commercial subdivision and that has been created by a record oI
survey or legal description, iI:
A. Using the property line oI that parcel Ior the purpose oI
measuring the distance separation reIerred to in Requirement 1
would qualiIy the parcel under the distance separation requirement;
B. The proposed medical marijuana dispensary will have direct
access (both ingress and egress) Irom a street having a minimum
right-oI-way width oI 100 Ieet. The required access may be shared
with a larger development but must be located within the property
lines oI the parcel on which the proposed medical marijuana
dispensary will be located;
C. All parking spaces required by this Section 19.12.070 Ior the
medical marijuana dispensary use will be located on the same
parcel as the use; and
D. The owners oI all parcels within the commercial subdivision,
including the owner oI agreement, satisIactory to the City
Attorney, that provides Ior perpetual, reciprocal cross-access,
ingress and egress throughout the commercial subdivision.

The subfect site is a standalone parcel and did not require the creation of a separate
parcel to meet the distance separation requirements. As such, subsection b.ii is not
applicable and the site is in conformance with this requirement. The proposed use meets
this requirement, as the measurement to the protected uses was determined using the
specified method in Requirement Two. The distance to the protected uses was taken from
the property line of the subfect site.

*4. The use shall conIorm to, and is subject to, the provisions oI LVMC Title 6, as such
provisions may be presently adopted or hereaIter amended.

The use complies and will be subfect to this requirement.

*5. No outside storage shall be permitted, including the use oI shipping containers Ior on-
site storage.

The proposed use meets this requirement as no outside storage, including shipping
containers has been denoted within the submitted site plan.

SUP-55295
FS
*6. Subject to the requirements oI applicable building and Iire codes, public access to the
building shall be Irom one point oI entry and exit, with no other access to the interior oI
the building permitted.
Staff Report Page Seven
September 23, 2014 - Special Planning Commission Meeting



The submitted floor plan indicates only one public access point to the proposed Medical
Marifuana Dispensary.

*7. No drive-through Iacilities shall be permitted in conjunction with a medical marijuana
dispensary.

The proposed use complies with this requirement as the submitted site plan illustrates no
drive-through facilities as part of the subfect site.

*8. Signage Ior the establishment shall be limited to one wall sign per street Irontage, the
Iace oI the sign not to exceed thirty square Ieet in area and not to exceed two Ieet in
height. Such a sign shall be internally illuminated, with the use oI neon prohibited.

The proposed use complies with this requirement as the submitted building and sign
elevations illustrate the location and si:e of one 30 square-foot internally illuminated
wall sign per street frontage. A revised sign elevation is required by the DDRC as a
condition of approval to ensure conformance with the maximum sign height of two feet.
DDRC conditions also require the removal of a freestanding sign that was shown on the
submitted plan set.

*9. The Special Use Permit shall be void without Iurther action iI the uses ceases Ior a
period exceeding 90 days.

The use will be subfect to this requirement if the Special Use Permit is approved and
exercised.

*10. A medical marijuana dispensary shall obtain all required approvals Irom the State oI
Nevada to operate such a Iacility prior to the Special Use Permit being exercised pursuant
to LVMC 19.16.110.

The use will be subfect to this requirement if the Special Use Permit is approved and
prior to it being exercised.

*11. Elevations and signage must Iirst be reviewed by the Downtown Design Review
Committee established pursuant to LVMC 19.10.100(D)(1) prior to any public hearing
Ior a Special Use Permit. The review will be perIormed in accordance with the
procedures set Iorth in LVMC 19.10.100(D), as in the case oI reviews normally
perIormed by that Committee, but measuring compliance instead with the substantive
standards Ior elevations and signage pertaining to dispensaries that are set Iorth in this
Title or that have been established administratively by the Director.

SUP-55295
FS
The proposed building elevations and signage were reviewed and approved with
conditions by the Downtown Design Review Committee (DDRC) on August 26th, 2014.
SUP-55295
FS

Staff Report Page Eight
September 23, 2014 - Special Planning Commission Meeting



*12. No medical marijuana dispensary shall be located on any property which abuts
Fremont Street west oI 8th Street.

The use complies with this requirement as the subfect site does not abut Fremont Street,
west of 8
th
Street.

*13. No accessory uses are permitted in association with a medical marijuana dispensary.

The use will be subfect to this requirement if the Special Use Permit is approved and will
remain in effect the duration the use is active.

The proposed use would be placed within a 4,000 square-Ioot tenant space, located within an
industrial zone along Highland Drive. The subject site Iacilitates the required parking Ior the
proposed use. Other than the Minimum Special Use Permit Requirements Iound within Title
19.12, there are no special development requirements pertaining to the site. There are no other
similar uses or protected uses within the required distance separations. For these reasons, the
proposed use is deemed compatible with the surrounding uses; thereIore, staII recommends
approval with conditions.


FINDINGS (SUP-55295)

In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must aIIirm the Iollowing:

1. The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.

The subject site complies with all minimum distance requirements as set Iorth by Title
19.12 and thereIore the use can be conducted in a compatible and harmonious manner with
the existing surrounding land uses and Iuture land uses as projected by the General Plan.

2. The subject site is physically suitable for the type and intensity of land use proposed.

This site contains adequate parking Ior all uses, and the proposed use does not generate
the need Ior any additional parking spaces beyond what has been provided onsite. The
subject site is physically suitable Ior the type and intensity oI land use proposed

3. Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.
SUP-55295
FS

Staff Report Page Nine
September 23, 2014 - Special Planning Commission Meeting



The proposed Medical Marijuana Dispensary can be accessed Irom Highland Drive, an
80-Ioot Secondary Collector that has adequate capacity to serve the proposed
development.

4. Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.

The proposed Medical Marijuana Dispensary use will be subject to regular City and
County inspections Ior licensing and will thereIore not compromise the public health,
saIety, and general welIare or any objective oI the General Plan.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Medical Marijuana Dispensary use meets all distance separation
requirements per Title 19.12. Conditions oI approval will ensure conIormance with all
other minimum requirements Ior this use.



NEIGHBORHOOD ASSOCIATIONS NOTIFIED 26


NOTICES MAILED 79


APPROVALS 0


PROTESTS 0

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Agenda tem No.: 33.



AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING Consent Discussion

SUB1ECT:
SUP-55297 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: DIVERSIFIED
MODALITIES RETAIL, LTD - OWNER: DN CHARLESTON, LLC - For possible action on a
request Ior a Special Use Permit FOR A PROPOSED 6,020 SQUARE-FOOT MEDICAL
MARIJUANA DISPENSARY at 5350 West Charleston Boulevard (APNs 138-36-803-001, 002,
015, and 016), C-1 (Limited Commercial) Zone, Ward 1 (Tarkanian). StaII recommends
APPROVAL.

C.C.: 10/28/2014

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:

Planning Commission Mtg. 3 Planning Commission Mtg. 1


City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
StaII recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and StaII Report
3. Supporting Documentation
4. Photos
5. JustiIication Letter
6. Protest/Support Postcards


SUP-55297
RTS

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: DIVERSIFIED MODALITIES RETAIL, LTD -
OWNER: DN CHARLESTON, LLC


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55297 StaII recommends APPROVAL, subject to conditions:

N/A


`` CONDITIONS ``


SbF-5527 CONDIIIONS


Planning

1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Medical
Marijuana Dispensary use.

2. Approval oI and conIormance to the Conditions oI Approval Ior Site Development Plan
Review (SDR-54240) shall be required.

3. No physician or medical person making recommendations Ior medical marijuana may be
located within a dispensary.

4. There shall be no on-premise consumption (the use, smoking, ingestion or consumption oI
any marijuana, edible marijuana or marijuana inIused product) on the licensed premises.

5. All development shall be in conIormance with the site plan and Iloor plan, date stamped
07/23/14, and building and sign elevations, date stamped 08/04/14, except as amended by
conditions herein. Any modiIication oI the premises oI a medical marijuana establishment
shall be Iiled 60 days in advance oI any proposed construction. A Iull and complete copy
oI all architectural and building plans shall be Iiled with the Director Ior a review oI
compliance with Title 6.95 and Title 19. The Director shall review the plans and approve
any modiIications in compliance with this chapter prior to the commencing oI any
construction oI modiIications.
SUP-55297
RTS

Conditions Page Two
September 23, 2014 - Special Planning Commission Meeting



6. This approval shall be void eighteen months Irom the date oI Iinal approval, unless
exercised pursuant upon the issuance oI a business license. An Extension oI Time may be
Iiled Ior consideration by the City oI Las Vegas.

7. All necessary building permits shall be obtained and Iinal inspections shall be completed
in compliance with Title 19 and all codes as required by the Department oI Building and
SaIety.

8. These Conditions oI Approval shall be aIIixed to the cover sheet oI any plan set submitted
Ior building permit, as well as submitted as part oI any business license application.

9. The presence oI minors on the premises oI a medical marijuana establishment is prohibited
unless the minor is a qualiIied patient on the premises oI a dispensary and is accompanied
by his or her parent or legal guardian.

10. Approval oI this Special Use Permit does not constitute approval oI a medical marijuana
Iacility license.

11. This business shall operate in conIormance to Chapter 6.95 oI the City oI Las Vegas
Municipal Code.

12. No temporary signs such as banners, pennants, inIlatable objects, streamers, Ilags, or other
similar attention gaining item or devices shall be displayed upon the subject property or a
vehicle displaying advertisement in the parking lot oI the subject property without the
appropriate permits.

13. This Special Use Permit shall be reviewed biennially concurrently with the associated
business license, at which time the City Council may require the termination oI the use.
The applicant shall be responsible Ior notiIication costs oI the review. Failure to pay the
City Ior these costs may result in a requirement that the Medical Marijuana Dispensary be
removed.

14. All medical marijuana products shall remain in the original manuIacturer's conIiguration
intended Ior oII-sale.

15. A Medical Marijuana Dispensary shall obtain all required approvals Irom the State oI
Nevada to operate such a Iacility prior to the Special Use Permit being exercised pursuant
to LVMC 19.16.110.

16. ConIormance to all regulations pertaining to Medical Marijuana Establishment Iound
within Nevada Revised Statute 453A and Nevada Administrative Code NAC 453A.

17. ConIormance to the associated Iinal recommendation oI the Downtown Design Review
Committee (DDRC) shall be required.

18. All City Code requirements and design standards oI all City departments must be satisIied,
except as modiIied herein.
SUP-55297
RTS

SUP-55297
RTS
Staff Report Page One
September 23, 2014 - Special Planning Commission Meeting



`` STAFF REPORT ``



PRO1ECT DESCRIPTION

This application is a request Ior a Special Use Permit Ior a proposed Medical Marijuana
Dispensary to be located at 5350 West Charleston Boulevard. The subject site complies with all
minimum distance requirements as set Iorth by Title 19.12 and thereIore the use can be
conducted in a compatible and harmonious manner with the existing surrounding land uses and
Iuture land uses as projected by the General Plan. As such, StaII recommends approval oI the
proposed use with standard conditions. II denied, no Medical Marijuana Dispensary would be
permitted to be established at this site.


ISSUES

The Medical Marijuana Dispensary use is permitted within a C-1 (Limited Commercial)
zoning district with the approval oI a Special Use Permit.
The subject building elevations and signage has been reviewed and denied by the Downtown
Design Review Committee (DDRC) on August 19
th
, 2014.
For the subject site to be eligible Ior a Medical Marijuana Dispensary the subject site must be
in compliance with all minimum distance separation requirements, pursuant to Title 19.12, as
set Iorth by adopted Ordinance No. 6321.
Simultaneous reviews oI the business license application and the Special Use Permit
application were conducted. II either application Iailed to comply with their respective
requirements both applications would have been deemed incomplete and consequently
rejected.


BACKGROUND INFORMATION

Related Relevant City Actions by P&D, Fire, Bldg., etc
05/21/14
City Council approved Text Amendment (TXT-52502) to amend LVMC
Chapter 19.12 related to Permitted Uses and Chapter 19.18 related to
DeIinitions and Measures to add Medical Marijuana Dispensaries, Facilities
Ior the Production oI Edible Marijuana Products or Marijuana InIused
Products and Marijuana Cultivation Facilities as permissible uses by adding
zoning district applicability, descriptions and deIinitions Ior these activities as
they are contemplated by SB 374 oI the Nevada Revised Statues and to
provide Ior other related matters. Ordinance No. 6321.
SUP-55297
RTS

Staff Report Page Two
September 23, 2014 - Special Planning Commission Meeting



Related Relevant City Actions by P&D, Fire, Bldg., etc
06/04/14
City Council approved Text Amendment (TXT-52502) to amend Las Vegas
Municipal Code Title 6 to implement licensing regulations related to Iacilities
Ior the production oI edible marijuana products or marijuana-inIused
products, medical marijuana dispensaries, medical marijuana cultivation
Iacilities, and independent testing laboratories, collectively reIerred to as
medical marijuana establishments, in conIormance with the intent oI SB 374
oI the 2013 session oI the Nevada Legislature and to provide Ior other related
matters. Ordinance 6324.
07/08/14
The Planning Commission approved a Site Development Plan Review (SDR-
54240) Ior two proposed commercial buildings totaling 15,400 square Ieet
with waivers to allow a 10-Ioot wide landscape buIIers along the north and
west perimeters where 15 Ieet is the minimum required on 1.84 acres located
at the northeast corner oI Charleston Boulevard and Mohawk Street. StaII
recommended approval.
08/19/14
The Downtown Design Review Committee denied the building elevations and
signage Ior the proposed Medical Marijuana Dispensary.


Most Recent Change of Ownership
05/02/14 A deed was recorded Ior a change in ownership.


Pre-Application Work Croup
06/12/14
06/17/14
06/19/14
07/01/14
Multiple pre-application workgroup meetings were Iacilitated, in which
submittal requirements Ior the Iiling oI the Special Use Permit application, as
well as Business Licensing applications were reviewed and supplemental
handouts were given.


Field Check
08/14/14
Site was generally clean and well maintained. Existing buildings on site are
indicated Ior removal as part oI new development approved by Planning
Commission in July.


Details of Application Request
Site Area
Net Acres 1.84 Acres

SUP-55297
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Staff Report Page Three
September 23, 2014 - Special Planning Commission Meeting



Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property
General Retail
(Vacant)
MXU (Mixed Use) C-1 (Limited Commercial)
North
Single Family,
Detached
MXU (Mixed Use) and
L (Low Density
Residential)
R-1 (Single Family
Residential) and
R-CL (Single Family
Compact-Lot)
South
General Retail and
Garden Supply/Plant
Nursery
MXU (Mixed Use) C-1 (Limited Commercial)
East General Retail MXU (Mixed Use) C-1 (Limited Commercial)
West
Financial Institution,
General
MXU (Mixed Use) C-1 (Limited Commercial)


Master Plan Areas Compliance
No Applicable Master Plan Area N/A
Special Purpose and Overlay Districts Compliance
A-O (Airport Overlay) District 200 Feet Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area Y
Project oI SigniIicant Impact (Development Impact NotiIication Assessment) N/A
Project oI Regional SigniIicance N/A


DEVELOPMENT STANDARDS

Street Name
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Charleston
Boulevard
Primary Arterial
Planned Streets and
Highways Map / Title
19.04 Complete Streets
96 Feet Y

SUP-55297
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Staff Report Page Four
September 23, 2014 - Special Planning Commission Meeting



Pursuant to 1itle 19.8 and 19.12, the following parking standards apply:
Parking Requirement
Required Provided Compliance
Parking Parking
Use
Cross Floor
Area or
Number of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Medical
Marijuana
Dispensary
Facility
6,020 1/175 SF 35

General
Retail, Other
Than Listed
9,380 1/175 SF 5

TOTAL SPACES REQUIRED 89

91

Y
Regular and Handicap Spaces Required 85 4 86 5 Y
Loading
Spaces
2 spaces 2 spaces Y


Wall Signs: [South and West Elevations]
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage
1 Sign per Frontage
(2 Total)
Y
Maximum Area 30 SF 20 SF Y
Maximum Height 2 Feet 2 Feet Y
Illumination
Internal
(Neon Prohibited)
Internal (Backlit) Y


ANALYSIS

The Medical Marijuana Dispensary use is deIined as 'An establishment which acquires,
possesses, delivers, transIers, transports, supplies, sells or dispenses marijuana or related supplies
and educational materials to the holder oI a valid registry identiIication card. This use includes a
'medical marijuana dispensary, as deIined in NRS 453A.115. The justiIication letter states,
'The development oI this underutilized property will signiIicantly upgrade and improve the curb
appeal oI this location, bring it into conIormity with the surrounding modern retail
establishments, and help achieve the goals oI the Neighborhood Revitalization Plan. The Iloor
plan illustrates a 6,020 square-Ioot Medical Marijuana Dispensary with 2,363 square Ieet oI
waiting, queuing and transaction space. Per the submitted justiIication letter and Iloor plan, the
proposed use meets the deIinition outlined above.
SUP-55297
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Staff Report Page Five
September 23, 2014 - Special Planning Commission Meeting



The Minimum Special Use Permit Requirements Ior this use include:

*1. Pursuant to its general authority to regulate the cultivation, production, dispensing
and sale oI medical marijuana, the City Council declares that the public health, saIety and
general welIare oI the City are best promoted and protected by generally requiring a
minimum separation between a medical marijuana dispensary and certain other uses that
should be protected Irom the impacts associated with a medical marijuana dispensary.
ThereIore, except as otherwise provided below, no medical marijuana dispensary may be
located within 1000 Ieet oI any school; or within 300 Ieet oI any individual care center
licensed Ior more than 12 children, community recreational Iacility (public), City park, or
church/house oI worship.

The proposed use meets this requirement, as there are no schools, within 1,000 feet of the
subfect property, as well as there are no individual care centers licensed for more than
12 children, community recreational facilities (public) or City parks or churches/houses
of worship within 300 feet of the subfect property.

* 2. The distance separation reIerred to in Requirement 1 shall be measured with
reIerence to the shortest distance between two property lines, one being the property line
oI the proposed medical marijuana dispensary which is closest to the existing use to
which the measurement pertains, and the other being the property line oI that existing use
which is closest to the proposed medical marijuana dispensary. The distance shall be
measured in a straight line without regard to intervening obstacles.

The proposed use meets this requirement, measurement is taken from the property lines
of Pt Gov Lot 57 and Lots 1 and 2 of Parcel Map File 99 Page 24, located at the
northeast corner of Charleston Boulevard and Mohawk Street.

* 3. For the purpose oI Requirement 2, and Ior that purpose only:
a. The 'property line oI a protected use reIers to the property line oI a Iee interest
parcel that has been created by an approved and recorded parcel map or
subdivision map, and does not include the property line oI a leasehold parcel; and
b. The 'property line oI a medical marijuana dispensary reIers to:
i. The property line oI a parcel that has been created by an approved and
recorded parcel map or commercial subdivision map; or
ii. The property line oI a parcel that is located within an approved and
recorded commercial subdivision and that has been created by a record oI
survey or legal description, iI:
A. Using the property line oI that parcel Ior the purpose oI
measuring the distance separation reIerred to in Requirement 1
would qualiIy the parcel under the distance separation requirement;
SUP-55297
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Staff Report Page Six
September 23, 2014 - Special Planning Commission Meeting



B. The proposed medical marijuana dispensary will have direct
access (both ingress and egress) Irom a street having a minimum
right-oI-way width oI 100 Ieet. The required access may be shared
with a larger development but must be located within the property
lines oI the parcel on which the proposed medical marijuana
dispensary will be located;
C. All parking spaces required by this Section 19.12.070 Ior the
medical marijuana dispensary use will be located on the same
parcel as the use; and
D. The owners oI all parcels within the commercial subdivision,
including the owner oI agreement, satisIactory to the City
Attorney, that provides Ior perpetual, reciprocal cross-access,
ingress and egress throughout the commercial subdivision.

The subfect site is a standalone parcel and did not require the creation of a separate
parcel to meet the distance separation requirements. As such, subsection b.ii is not
applicable and the site is in conformance with this requirement. The proposed use meets
this requirement, as the measurement to the protected uses was determined using the
specified method in Requirement Two. The distance to the protected uses was taken from
the property line of the subfect site.

*4. The use shall conIorm to, and is subject to, the provisions oI LVMC Title 6, as such
provisions may be presently adopted or hereaIter amended.

The use complies and will be subfect to this requirement.

*5. No outside storage shall be permitted, including the use oI shipping containers Ior on-
site storage.

The proposed use meets this requirement as no outside storage, including shipping
containers has been denoted within the submitted site plan.

*6. Subject to the requirements oI applicable building and Iire codes, public access to the
building shall be Irom one point oI entry and exit, with no other access to the interior oI
the building permitted.

The submitted floor plan indicates only one public access point to the proposed Medical
Marifuana Dispensary.

*7. No drive-through Iacilities shall be permitted in conjunction with a medical marijuana
dispensary.

The proposed use complies with this requirement as the submitted site plan illustrates no
drive-through facilities as part of the subfect site.
SUP-55297
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Staff Report Page Seven
September 23, 2014 - Special Planning Commission Meeting



*8. Signage Ior the establishment shall be limited to one wall sign per street Irontage, the
Iace oI the sign not to exceed thirty square Ieet in area and not to exceed two Ieet in
height. Such a sign shall be internally illuminated, with the use oI neon prohibited.

The proposed use complies with this requirement as the submitted building and sign
elevations illustrate the location and si:e of one 20 square-foot internally illuminated
wall sign per street frontage.

*9. The Special Use Permit shall be void without Iurther action iI the uses ceases Ior a
period exceeding 90 days.

The use will be subfect to this requirement if the Special Use Permit is approved and
exercised.

*10. A medical marijuana dispensary shall obtain all required approvals Irom the State oI
Nevada to operate such a Iacility prior to the Special Use Permit being exercised pursuant
to LVMC 19.16.110.

The use will be subfect to this requirement if the Special Use Permit is approved and
prior to it being exercised.

*11. Elevations and signage must Iirst be reviewed by the Downtown Design Review
Committee established pursuant to LVMC 19.10.100(D)(1) prior to any public hearing
Ior a Special Use Permit. The review will be perIormed in accordance with the
procedures set Iorth in LVMC 19.10.100(D), as in the case oI reviews normally
perIormed by that Committee, but measuring compliance instead with the substantive
standards Ior elevations and signage pertaining to dispensaries that are set Iorth in this
Title or that have been established administratively by the Director.

The proposed building elevations and signage were reviewed and denied by the
Downtown Design Review Committee (DDRC) on August 19th, 2014.

*12. No medical marijuana dispensary shall be located on any property which abuts
Fremont Street west oI 8th Street.

The use complies with this requirement as the subfect site does not abut Fremont Street,
west of 8
th
Street.

*13. No accessory uses are permitted in association with a medical marijuana dispensary.

The use will be subfect to this requirement if the Special Use Permit is approved and will
remain in effect the duration the use is active.
SUP-55297
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Staff Report Page Eight
September 23, 2014 - Special Planning Commission Meeting



The proposed use would be placed within a 6,020 square-Ioot standalone building located within
a proposed commercial development located along West Charleston Boulevard. The subject site
Iacilitates the required parking Ior the proposed use. Other than the Minimum Special Use
Permit Requirements Iound within Title 19.12, there are no special development requirements
pertaining to the site. There are no other similar uses or protected uses within the required
distance separations. For these reasons, the proposed use is deemed compatible with the
surrounding uses; thereIore, staII recommends approval with conditions.


FINDINGS (SUP-55297)

In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must aIIirm the Iollowing:

1. The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.

The subject site complies with all minimum distance requirements as set Iorth by Title
19.12 and thereIore the use can be conducted in a compatible and harmonious manner with
the existing surrounding land uses and Iuture land uses as projected by the General Plan.

2. The subject site is physically suitable for the type and intensity of land use proposed.

The site a proposed will contain two commercial buildings. This site proposes adequate
parking Ior all currently anticipated uses, and the proposed use does not generate the
need Ior any additional parking spaces beyond what has been provided onsite.

3. Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.

The proposed Medical Marijuana Dispensary can be accessed Irom Charleston
Boulevard, a 96-Ioot Primary Arterial, which has adequate capacity to serve the
proposed development. Secondary access is also provided Irom Mohawk Street, a 66-
Ioot Local Collector.

4. Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.

The proposed Medical Marijuana Dispensary use will be subject to regular City and
County inspections Ior licensing and will thereIore not compromise the public health,
saIety, and general welIare or any objective oI the General Plan.
SUP-55297
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Staff Report Page Nine
September 23, 2014 - Special Planning Commission Meeting



5. The use meets all of the applicable conditions per Title 19.12.

The proposed Medical Marijuana Dispensary use meets all distance separation
requirements per Title 19.12. Conditions oI approval will ensure conIormance with all
other minimum requirements Ior this use.



NEIGHBORHOOD ASSOCIATIONS NOTIFIED 22


NOTICES MAILED 637


APPROVALS 1


PROTESTS 3

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SUP-55297
SUP-55297


Agenda tem No.: 34.



AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING Consent Discussion

SUB1ECT:
SUP-55299 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: HERBAL
CHOICE, INC. - OWNER: NVDD HOLDINGS RP5, LLC - For possible action on a request Ior
a Special Use Permit FOR A PROPOSED 1,360 SQUARE-FOOT MEDICAL MARIJUANA
DISPENSARY at 800 West Mesquite Avenue (APN 139-28-802-001), M (Industrial) Zone,
Ward 5 (Barlow). StaII recommends APPROVAL.

C.C.: 10/28/2014

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:

Planning Commission Mtg. 0 Planning Commission Mtg. 0


City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
StaII recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and StaII Report
3. Supporting Documentation
4. Photos
5. JustiIication Letter


SUP-55299
RTS

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: HERBAL CHOICE, INC. - OWNER: NVDD
HOLDINGS RP5, LLC


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55299 StaII recommends APPROVAL, subject to conditions: N/A


`` CONDITIONS ``


SbF-552 CONDIIIONS

Planning

1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Medical
Marijuana Dispensary use.

2. No physician or medical person making recommendations Ior medical marijuana may be
located within a dispensary.

3. There shall be no on-premise consumption (the use, smoking, ingestion or consumption oI
any marijuana, edible marijuana or marijuana inIused product) on the licensed premises.

4. All development shall be in conIormance with the site plan, building elevations and Iloor
plan, date stamped 08/04/14, and sign elevations, date stamped 07/23/14, except as
amended by conditions herein. Any modiIication oI the premises oI a medical marijuana
establishment shall be Iiled 60 days in advance oI any proposed construction. A Iull and
complete copy oI all architectural and building plans shall be Iiled with the Director Ior a
review oI compliance with Title 6.95 and Title 19. The Director shall review the plans and
approve any modiIications in compliance with this chapter prior to the commencing oI any
construction oI modiIications.

5. Prior to the submittal oI a building permit application, the applicant shall meet with
Department oI Planning staII to develop a comprehensive address plan Ior the subject site.
A copy oI the approved address plan shall be submitted with any Iuture building permit
applications related to the site.
SUP-55299
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Conditions Page Two
September 23, 2014 - Special Planning Commission Meeting



6. A revised site plan must be submitted prior to the issuance oI building permits or a
business license that indicates the placement oI at least two on-site loading spaces as
required by and in compliance with Title 19.08.110(D).

7. This approval shall be void eighteen months Irom the date oI Iinal approval, unless
exercised pursuant upon the issuance oI a business license. An Extension oI Time may be
Iiled Ior consideration by the City oI Las Vegas.

8. All necessary building permits shall be obtained and Iinal inspections shall be completed
in compliance with Title 19 and all codes as required by the Department oI Building and
SaIety.

9. These Conditions oI Approval shall be aIIixed to the cover sheet oI any plan set submitted
Ior building permit, as well as submitted as part oI any business license application.

10. The presence oI minors on the premises oI a medical marijuana establishment is prohibited
unless the minor is a qualiIied patient on the premises oI a dispensary and is accompanied
by his or her parent or legal guardian.

11. Approval oI this Special Use Permit does not constitute approval oI a medical marijuana
Iacility license.

12. This business shall operate in conIormance to Chapter 6.95 oI the City oI Las Vegas
Municipal Code.

13. No temporary signs such as banners, pennants, inIlatable objects, streamers, Ilags, or other
similar attention gaining item or devices shall be displayed upon the subject property or a
vehicle displaying advertisement in the parking lot oI the subject property without the
appropriate permits.

14. This Special Use Permit shall be reviewed biennially concurrently with the associated
business license, at which time the City Council may require the termination oI the use.
The applicant shall be responsible Ior notiIication costs oI the review. Failure to pay the
City Ior these costs may result in a requirement that the Medical Marijuana Dispensary be
removed.

15. All medical marijuana products shall remain in the original manuIacturer's conIiguration
intended Ior oII-sale.

16. A Medical Marijuana Dispensary shall obtain all required approvals Irom the State oI
Nevada to operate such a Iacility prior to the Special Use Permit being exercised pursuant
to LVMC 19.16.110.

17. ConIormance to all regulations pertaining to Medical Marijuana Establishment Iound
within Nevada Revised Statute 453A and Nevada Administrative Code NAC 453A.
SUP-55299
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Staff Report Page Three
September 23, 2014 - Special Planning Commission Meeting



18. ConIormance to the associated Iinal recommendation oI the Downtown Design Review
Committee (DDRC) shall be required.

19. All City Code requirements and design standards oI all City departments must be satisIied,
except as modiIied herein.

SUP-55299
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Staff Report Page One
September 23, 2014 - Special Planning Commission Meeting



`` STAFF REPORT ``



PRO1ECT DESCRIPTION

This application is a request Ior a Special Use Permit Ior a proposed Medical Marijuana
Dispensary to be located at 800 West Mesquite Avenue. The subject site complies with all
minimum distance requirements as set Iorth by Title 19.12 and thereIore the use can be
conducted in a compatible and harmonious manner with the existing surrounding land uses and
Iuture land uses as projected by the General Plan. As such, StaII recommends approval oI the
proposed use with standard conditions. II denied, no Medical Marijuana Dispensary would be
permitted to be established at this site.


ISSUES

The Medical Marijuana Dispensary use is permitted within an M (Industrial) zoning district
with the approval oI a Special Use Permit.
The subject building elevations and signage has been reviewed and approved by the
Downtown Design Review Committee (DDRC) on August 19
th
, 2014.
For the subject site to be eligible Ior a Medical Marijuana Dispensary the subject site must be
in compliance with all minimum distance separation requirements, pursuant to Title 19.12, as
set Iorth by adopted Ordinance No. 6321.
Simultaneous reviews oI the business license application and the Special Use Permit
application were conducted. II either application Iailed to comply with their respective
requirements both applications would have been deemed incomplete and consequently
rejected.


BACKGROUND INFORMATION

Related Relevant City Actions by P&D, Fire, Bldg., etc
05/21/14
City Council approved Text Amendment (TXT-52502) to amend LVMC
Chapter 19.12 related to Permitted Uses and Chapter 19.18 related to
DeIinitions and Measures to add Medical Marijuana Dispensaries, Facilities
Ior the Production oI Edible Marijuana Products or Marijuana InIused
Products and Marijuana Cultivation Facilities as permissible uses by adding
zoning district applicability, descriptions and deIinitions Ior these activities as
they are contemplated by SB 374 oI the Nevada Revised Statues and to
provide Ior other related matters. Ordinance No. 6321.
SUP-55299
RTS
Staff Report Page Two
September 23, 2014 - Special Planning Commission Meeting



Related Relevant City Actions by P&D, Fire, Bldg., etc
06/04/14
City Council approved Text Amendment (TXT-52502) to amend Las Vegas
Municipal Code Title 6 to implement licensing regulations related to Iacilities
Ior the production oI edible marijuana products or marijuana-inIused
products, medical marijuana dispensaries, medical marijuana cultivation
Iacilities, and independent testing laboratories, collectively reIerred to as
medical marijuana establishments, in conIormance with the intent oI SB 374
oI the 2013 session oI the Nevada Legislature and to provide Ior other related
matters. Ordinance 6324.
08/19/14
The Downtown Design Review Committee approved the building elevations
and signage Ior the proposed Medical Marijuana Dispensary.
09/23/14
Planning Commission will hear a request Ior a Special Use Permit (SUP-
55303) Ior a proposed 12,000 square-Ioot Medical Marijuana Cultivation
Facility in a separate building on the subject site.


Most Recent Change of Ownership
03/20/14 A deed was recorded Ior a change in ownership.


Pre-Application Work Croup
06/12/14
06/17/14
06/19/14
07/01/14
Multiple pre-application workgroup meetings were Iacilitated, in which
submittal requirements Ior the Iiling oI the Special Use Permit application, as
well as Business Licensing applications were reviewed and supplemental
handouts were given.


Field Check
08/14/14
Site is generally in clean and in good repair. There is graIIiti on the masonry
wall just east oI the entrance to the site. Parking areas stripping is hard to see.


Details of Application Request
Site Area
Net Acres 3.91 Acres


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property Vacant
LI/R (Light
Industrial/Research)
M (Industrial)
North ROW (I-15) ROW ROW
SUP-55299
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Staff Report Page Three
September 23, 2014 - Special Planning Commission Meeting



Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
South ROW (US95) ROW ROW
East
Building &
Landscape
Material/Lumber
Yard
LI/R (Light
Industrial/Research)
M (Industrial)
West ROW (I-15) ROW ROW


Master Plan Areas Compliance
Downtown North Plan Y
Special Purpose and Overlay Districts Compliance
A-O (Airport Overlay) District 175 Feet Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Project oI SigniIicant Impact (Development Impact NotiIication Assessment) N/A
Project oI Regional SigniIicance N/A


DEVELOPMENT STANDARDS

Street Name
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Mesquite Avenue Local Collector
Title 19.04 Complete
Streets
55 Ieet Y


Pursuant to 1itle 19.8 and 19.12, the following parking standards apply:
Parking Requirement
Required Provided Compliance
Parking Parking
Use
Cross Floor
Area or
Number of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Medical
Marijuana
Dispensary
Facility
1,360 1/175 SF 8

Medical
Marijuana
Cultivation
Facility
11,305 1/1000 SF 12




SUP-55299
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Staff Report Page Five
September 23, 2014 - Special Planning Commission Meeting



Parking Requirement
Required Provided Compliance
Parking Parking
Use
Cross Floor
Area or
Number of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Vacant
(Warehouse)
4,375 1/1000 SF 5

TOTAL SPACES REQUIRED 25

29

Y
Regular and Handicap Spaces Required 24 1 27 2 Y
Loading
Spaces
2
None marked,
plenty oI space
available
N *
an 'if approved` condition has been added requiring the submission of a revised site plan that
shows at least two designated loading spaces that comply with the on-site loading space design
standards per Title 19.08.110(D).


Wall Signs: [North Elevation]
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage 1 Sign Y
Maximum Area 30 SF 12 SF Y
Maximum Height 2 Feet 2 Feet Y
Illumination
Internal
(Neon Prohibited)
Internal
Y


ANALYSIS

The Medical Marijuana Dispensary use is deIined as 'An establishment which acquires,
possesses, delivers, transIers, transports, supplies, sells or dispenses marijuana or related supplies
and educational materials to the holder oI a valid registry identiIication card. This use includes a
'medical marijuana dispensary, as deIined in NRS 453A.115. The justiIication letter states,
'A Dispensary is an appropriate Ior this location and it will serve the diverse and underserved
population oI the Downtown North Land Use planning area. The Dispensary will also renovate a
vacant building and encourage activity in an otherwise under-utilized area oI downtown Las
Vegas. The Iloor plan illustrates an approximately 1,360 square-Ioot Medical Marijuana
Dispensary with approximately 652 square Ieet oI waiting, queuing and transaction space. Per
the submitted justiIication letter and Iloor plan, the proposed use meets the deIinition outlined
above.
SUP-55299
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Staff Report Page Six
September 23, 2014 - Special Planning Commission Meeting



The Minimum Special Use Permit Requirements Ior this use include:

*1. Pursuant to its general authority to regulate the cultivation, production, dispensing
and sale oI medical marijuana, the City Council declares that the public health, saIety and
general welIare oI the City are best promoted and protected by generally requiring a
minimum separation between a medical marijuana dispensary and certain other uses that
should be protected Irom the impacts associated with a medical marijuana dispensary.
ThereIore, except as otherwise provided below, no medical marijuana dispensary may be
located within 1000 Ieet oI any school; or within 300 Ieet oI any individual care center
licensed Ior more than 12 children, community recreational Iacility (public), City park, or
church/house oI worship.

The proposed use meets this requirement, as there are no schools, within 1,000 feet of the
subfect property, as well as there are no individual care centers licensed for more than
12 children, community recreational facilities (public) or City parks or churches/houses
of worship within 300 feet of the subfect property.

* 2. The distance separation reIerred to in Requirement 1 shall be measured with
reIerence to the shortest distance between two property lines, one being the property line
oI the proposed medical marijuana dispensary which is closest to the existing use to
which the measurement pertains, and the other being the property line oI that existing use
which is closest to the proposed medical marijuana dispensary. The distance shall be
measured in a straight line without regard to intervening obstacles.

The proposed use meets this requirement, measurement is taken from the property line of
parcel 139-28-802-001, located at the terminus of West Mesquite Avenue east of the I-15.

* 3. For the purpose oI Requirement 2, and Ior that purpose only:
a. The 'property line oI a protected use reIers to the property line oI a Iee interest
parcel that has been created by an approved and recorded parcel map or
subdivision map, and does not include the property line oI a leasehold parcel; and
b. The 'property line oI a medical marijuana dispensary reIers to:
i. The property line oI a parcel that has been created by an approved and
recorded parcel map or commercial subdivision map; or
ii. The property line oI a parcel that is located within an approved and
recorded commercial subdivision and that has been created by a record oI
survey or legal description, iI:
A. Using the property line oI that parcel Ior the purpose oI
measuring the distance separation reIerred to in Requirement 1
would qualiIy the parcel under the distance separation requirement;
B. The proposed medical marijuana dispensary will have direct
access (both ingress and egress) Irom a street having a minimum
right-oI-way width oI 100 Ieet. The required access may be shared
with a larger development but must be located within the property
lines oI the parcel on which the proposed medical marijuana
SUP-55299
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dispensary will be located;
SUP-55299
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Staff Report Page Seven
September 23, 2014 - Special Planning Commission Meeting



C. All parking spaces required by this Section 19.12.070 Ior the
medical marijuana dispensary use will be located on the same
parcel as the use; and
D. The owners oI all parcels within the commercial subdivision,
including the owner oI agreement, satisIactory to the City
Attorney, that provides Ior perpetual, reciprocal cross-access,
ingress and egress throughout the commercial subdivision.

The subfect site is an existing commercial development and did not require the creation
of a separate parcel to meet the distance separation requirements. As such, subsection
b.ii is not applicable and the site is in conformance with this requirement.

*4. The use shall conIorm to, and is subject to, the provisions oI LVMC Title 6, as such
provisions may be presently adopted or hereaIter amended.

The use complies and will be subfect to this requirement.

*5. No outside storage shall be permitted, including the use oI shipping containers Ior on-
site storage.

The proposed use meets this requirement as no outside storage, including shipping
containers has been denoted within the submitted site plan.

*6. Subject to the requirements oI applicable building and Iire codes, public access to the
building shall be Irom one point oI entry and exit, with no other access to the interior oI
the building permitted.

The submitted floor plan indicates only one public access point to the proposed Medical
Marifuana Dispensary.

*7. No drive-through Iacilities shall be permitted in conjunction with a medical marijuana
dispensary.

The proposed use complies with this requirement as the submitted site plan illustrates no
drive-through facilities as part of the subfect site.

*8. Signage Ior the establishment shall be limited to one wall sign per street Irontage, the
Iace oI the sign not to exceed thirty square Ieet in area and not to exceed two Ieet in
height. Such a sign shall be internally illuminated, with the use oI neon prohibited.

The proposed use complies with this requirement as the submitted building and sign
elevations illustrate the location and si:e of one 12 square-foot internally illuminated
wall sign per street frontage.
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Staff Report Page Eight
September 23, 2014 - Special Planning Commission Meeting



*9. The Special Use Permit shall be void without Iurther action iI the uses ceases Ior a
period exceeding 90 days.

The use will be subfect to this requirement if the Special Use Permit is approved and
exercised.

*10. A medical marijuana dispensary shall obtain all required approvals Irom the State oI
Nevada to operate such a Iacility prior to the Special Use Permit being exercised pursuant
to LVMC 19.16.110.

The use will be subfect to this requirement if the Special Use Permit is approved and
prior to it being exercised.

*11. Elevations and signage must Iirst be reviewed by the Downtown Design Review
Committee established pursuant to LVMC 19.10.100(D)(1) prior to any public hearing
Ior a Special Use Permit. The review will be perIormed in accordance with the
procedures set Iorth in LVMC 19.10.100(D), as in the case oI reviews normally
perIormed by that Committee, but measuring compliance instead with the substantive
standards Ior elevations and signage pertaining to dispensaries that are set Iorth in this
Title or that have been established administratively by the Director.

The proposed building elevations and signage were reviewed and approved by the
Downtown Design Review Committee (DDRC) on August 19th, 2014.

*12. No medical marijuana dispensary shall be located on any property which abuts
Fremont Street west oI 8th Street.

The use complies with this requirement as the subfect site does not abut Fremont Street,
west of 8
th
Street.

*13. No accessory uses are permitted in association with a medical marijuana dispensary.

The use will be subfect to this requirement if the Special Use Permit is approved and will
remain in effect the duration the use is active.

The proposed use would be placed within a 1,360 square-Ioot standalone building located within
a developed industrial property located along West Mesquite Avenue. The subject site Iacilitates
the required parking Ior the proposed use. Other than the Minimum Special Use Permit
Requirements Iound within Title 19.12, there are no special development requirements
pertaining to the site. There are no other similar uses or protected uses within the required
distance separations. For these reasons, the proposed use is deemed compatible with the
surrounding uses; thereIore, staII recommends approval with conditions.
SUP-55299
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Staff Report Page Nine
September 23, 2014 - Special Planning Commission Meeting



FINDINGS (SUP-55299)

In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must aIIirm the Iollowing:

1. The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.

The subject site complies with all minimum distance requirements as set Iorth by Title
19.12 and thereIore the use can be conducted in a compatible and harmonious manner with
the existing surrounding land uses and Iuture land uses as projected by the General Plan.

2. The subject site is physically suitable for the type and intensity of land use proposed.

The site contains three industrial buildings. This site contains adequate parking Ior all
uses, and the proposed use does not generate the need Ior any additional parking spaces
beyond what has been provided onsite.

3. Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.

The proposed Medical Marijuana Dispensary can be accessed Irom West Mesquite
Avenue, a 55-Ioot Local Collector, which has adequate capacity to serve the proposed
development.

4. Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.

The proposed Medical Marijuana Dispensary use will be subject to regular City and
County inspections Ior licensing and will thereIore not compromise the public health,
saIety, and general welIare or any objective oI the General Plan.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Medical Marijuana Dispensary use meets all distance separation
requirements per Title 19.12. Conditions oI approval will ensure conIormance with all
other minimum requirements Ior this use.


SUP-55299
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Staff Report Page Ten
September 23, 2014 - Special Planning Commission Meeting




NEIGHBORHOOD ASSOCIATIONS NOTIFIED 26


NOTICES MAILED 111


APPROVALS 0


PROTESTS 0

SUP-55299
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Agenda tem No.: 35.



AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING Consent Discussion

SUB1ECT:
SUP-55301 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: HERBAL
CHOICE, INC. - OWNER: WILSHIRE PLAZA, LLC - For possible action on a request Ior a
Special Use Permit FOR A PROPOSED 1,789 SQUARE-FOOT MEDICAL MARIJUANA
DISPENSARY at 5243 West Charleston Boulevard, Suite #301 (APN 163-01-501-007), C-1
(Limited Commercial) Zone, Ward 1 (Tarkanian). StaII recommends APPROVAL.

C.C.: 10/28/2014

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:

Planning Commission Mtg. 4 Planning Commission Mtg. 2


City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
StaII recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and StaII Report
3. Supporting Documentation
4. Photos
5. JustiIication Letter
6. Protest/Support Postcards


SUP-55301
RTS

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: HERBAL CHOICE, INC. - OWNER: WILSHIRE
PLAZA, LLC


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55301 StaII recommends APPROVAL, subject to conditions:

N/A


`` CONDITIONS ``


SbF-55301 CONDIIIONS


Planning

1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Medical
Marijuana Dispensary use.

2. No physician or medical person making recommendations Ior medical marijuana may be
located within a dispensary.

3. There shall be no on-premise consumption (the use, smoking, ingestion or consumption oI
any marijuana, edible marijuana or marijuana inIused product) on the licensed premises.

4. All development shall be in conIormance with the site plan, building and sign elevations
and Iloor plan, date stamped 07/23/14, except as amended by conditions herein. Any
modiIication oI the premises oI a medical marijuana establishment shall be Iiled 60 days in
advance oI any proposed construction. A Iull and complete copy oI all architectural and
building plans shall be Iiled with the Director Ior a review oI compliance with Title 6.95
and Title 19. The Director shall review the plans and approve any modiIications in
compliance with this chapter prior to the commencing oI any construction oI
modiIications.

5. ConIormance to the associated Iinal recommendation oI the Downtown Design Review
Committee (DDRC) shall be required.
SUP-55301
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Conditions Page Two
September 23, 2014 - Special Planning Commission Meeting



6. This approval shall be void eighteen months Irom the date oI Iinal approval, unless
exercised pursuant upon the issuance oI a business license. An Extension oI Time may be
Iiled Ior consideration by the City oI Las Vegas.

7. All necessary building permits shall be obtained and Iinal inspections shall be completed
in compliance with Title 19 and all codes as required by the Department oI Building and
SaIety.

8. These Conditions oI Approval shall be aIIixed to the cover sheet oI any plan set submitted
Ior building permit, as well as submitted as part oI any business license application.

9. The presence oI minors on the premises oI a medical marijuana establishment is prohibited
unless the minor is a qualiIied patient on the premises oI a dispensary and is accompanied
by his or her parent or legal guardian.

10. Approval oI this Special Use Permit does not constitute approval oI a medical marijuana
Iacility license.

11. This business shall operate in conIormance to Chapter 6.95 oI the City oI Las Vegas
Municipal Code.

12. No temporary signs such as banners, pennants, inIlatable objects, streamers, Ilags, or other
similar attention gaining item or devices shall be displayed upon the subject property or a
vehicle displaying advertisement in the parking lot oI the subject property without the
appropriate permits.

13. This Special Use Permit shall be reviewed biennially concurrently with the associated
business license, at which time the City Council may require the termination oI the use.
The applicant shall be responsible Ior notiIication costs oI the review. Failure to pay the
City Ior these costs may result in a requirement that the Medical Marijuana Dispensary be
removed.

14. All medical marijuana products shall remain in the original manuIacturer's conIiguration
intended Ior oII-sale.

15. A Medical Marijuana Dispensary shall obtain all required approvals Irom the State oI
Nevada to operate such a Iacility prior to the Special Use Permit being exercised pursuant
to LVMC 19.16.110.

16. ConIormance to all regulations pertaining to Medical Marijuana Establishment Iound
within Nevada Revised Statute 453A and Nevada Administrative Code NAC 453A.

17. All City Code requirements and design standards oI all City departments must be satisIied,
except as modiIied herein.

SUP-55301
RTS
Staff Report Page One
September 23, 2014 - Special Planning Commission Meeting



`` STAFF REPORT ``



PRO1ECT DESCRIPTION

This application is a request Ior a Special Use Permit Ior a proposed Medical Marijuana
Dispensary to be located at 5243 Charleston Boulevard, Suite 1. The subject site complies with
all minimum distance requirements as set Iorth by Title 19.12 and thereIore the use can be
conducted in a compatible and harmonious manner with the existing surrounding land uses and
Iuture land uses as projected by the General Plan. As such, StaII recommends approval oI the
proposed use with standard conditions. II denied, no Medical Marijuana Dispensary would be
permitted to be established at this site.


ISSUES

The Medical Marijuana Dispensary use is permitted within a C-1 (Limited Commercial)
zoning district with the approval oI a Special Use Permit.
The subject building elevations and signage has been reviewed and approved be the
Downtown Design Review Committee (DDRC) on August 19
th
, 2014.
For the subject site to be eligible Ior a Medical Marijuana Dispensary the subject site must be
in compliance with all minimum distance separation requirements, pursuant to Title 19.12, as
set Iorth by adopted Ordinance No. 6321.
Simultaneous reviews oI the business license application and the Special Use Permit
application were conducted. II either application Iailed to comply with their respective
requirements both applications would have been deemed incomplete and consequently
rejected.


BACKGROUND INFORMATION

Related Relevant City Actions by P&D, Fire, Bldg., etc
05/21/14
City Council approved Text Amendment (TXT-52502) to amend LVMC
Chapter 19.12 related to Permitted Uses and Chapter 19.18 related to
DeIinitions and Measures to add Medical Marijuana Dispensaries, Facilities
Ior the Production oI Edible Marijuana Products or Marijuana InIused
Products and Marijuana Cultivation Facilities as permissible uses by adding
zoning district applicability, descriptions and deIinitions Ior these activities as
they are contemplated by SB 374 oI the Nevada Revised Statues and to
provide Ior other related matters. Ordinance No. 6321.
SUP-55301
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Staff Report Page Two
September 23, 2014 - Special Planning Commission Meeting



Related Relevant City Actions by P&D, Fire, Bldg., etc
06/04/14
City Council approved Text Amendment (TXT-52502) to amend Las Vegas
Municipal Code Title 6 to implement licensing regulations related to Iacilities
Ior the production oI edible marijuana products or marijuana-inIused
products, medical marijuana dispensaries, medical marijuana cultivation
Iacilities, and independent testing laboratories, collectively reIerred to as
medical marijuana establishments, in conIormance with the intent oI SB 374
oI the 2013 session oI the Nevada Legislature and to provide Ior other related
matters. Ordinance 6324.
08/19/14
The Downtown Design Review Committee approved the building elevations
and signage Ior the proposed Medical Marijuana Dispensary.


Most Recent Change of Ownership
01/24/08 A deed was recorded Ior a change in ownership.


Pre-Application Work Croup
06/12/14
06/17/14
06/19/14
07/01/14
Multiple pre-application workgroup meetings were Iacilitated, in which
submittal requirements Ior the Iiling oI the Special Use Permit application, as
well as Business Licensing applications were reviewed and supplemental
handouts were given.


Field Check
08/14/14 The site is clean and well maintained.


Details of Application Request
Site Area
Net Acres 2.43 Acres


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property Shopping Center MXU (Mixed Use) C-1 (Limited Commercial)
North General Retail MXU (Mixed Use) C-1 (Limited Commercial)
South
Single Family,
Detached
L (Low Density
Residential)
R-1 (Single Family
Residential)
East OIIice MXU (Mixed Use) C-1 (Limited Commercial)
West General Retail MXU (Mixed Use) C-1 (Limited Commercial)

SUP-55301
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Staff Report Page Three
September 23, 2014 - Special Planning Commission Meeting



Master Plan Areas Compliance
No Applicable Master Plan Area N/A
Special Purpose and Overlay Districts Compliance
A-O (Airport Overlay) District 200 Feet Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area Y
Project oI SigniIicant Impact (Development Impact NotiIication Assessment) N/A
Project oI Regional SigniIicance N/A


DEVELOPMENT STANDARDS

Street Name
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Charleston
Boulevard
Primary Arterial
Planned Streets and
Highways Map / Title
19.04 Complete Streets
96 Feet Y


Pursuant to 1itle 19.8 and 19.12, the following parking standards apply:
Parking Requirement
Required Provided Compliance
Parking Parking
Use
Cross Floor
Area or
Number of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Shopping
Center
26,375 1/250 SF 106

TOTAL SPACES REQUIRED 106

131

Y
Regular and Handicap Spaces Required 101 5 126 5 Y
Loading
Spaces
2 spaces 2 spaces Y


Wall Signs: [North Elevation]
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage 1 Sign Y
Maximum Area 30 SF 12 SF Y
Maximum Height 2 Feet 2 Feet Y
Illumination
Internal
(Neon Prohibited)
Internal Y
SUP-55301
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Staff Report Page Four
September 23, 2014 - Special Planning Commission Meeting



ANALYSIS

The Medical Marijuana Dispensary use is deIined as 'An establishment which acquires,
possesses, delivers, transIers, transports, supplies, sells or dispenses marijuana or related supplies
and educational materials to the holder oI a valid registry identiIication card. This use includes a
'medical marijuana dispensary, as deIined in NRS 453A.115. The justiIication letter states,
'The location is ideal Ior those patrons taking public transit . and 'Much like a traditional
pharmacy, the Dispensary will serve the medical needs oI registered patients in the adjacent
neighborhood and throughout Las Vegas. The Iloor plan illustrates an approximately 1,750
square-Ioot Medical Marijuana Dispensary with 1,294 square Ieet oI waiting, queuing and
transaction space. Per the submitted justiIication letter and Iloor plan, the proposed use meets the
deIinition outlined above.

The Minimum Special Use Permit Requirements Ior this use include:

*1. Pursuant to its general authority to regulate the cultivation, production, dispensing
and sale oI medical marijuana, the City Council declares that the public health, saIety and
general welIare oI the City are best promoted and protected by generally requiring a
minimum separation between a medical marijuana dispensary and certain other uses that
should be protected Irom the impacts associated with a medical marijuana dispensary.
ThereIore, except as otherwise provided below, no medical marijuana dispensary may be
located within 1000 Ieet oI any school; or within 300 Ieet oI any individual care center
licensed Ior more than 12 children, community recreational Iacility (public), City park, or
church/house oI worship.

The proposed use meets this requirement, as there are no schools, within 1,000 feet of the
subfect property, as well as there are no individual care centers licensed for more than
12 children, community recreational facilities (public) or City parks or churches/houses
of worship within 300 feet of the subfect property.

* 2. The distance separation reIerred to in Requirement 1 shall be measured with
reIerence to the shortest distance between two property lines, one being the property line
oI the proposed medical marijuana dispensary which is closest to the existing use to
which the measurement pertains, and the other being the property line oI that existing use
which is closest to the proposed medical marijuana dispensary. The distance shall be
measured in a straight line without regard to intervening obstacles.

The proposed use meets this requirement, measurement is taken from the property line of
PT Gov Lot 2 Book 7 of Plats, Page 64, located at the southwest corner of Charleston
Boulevard and Wilshire Street.
SUP-55301
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Staff Report Page Five
September 23, 2014 - Special Planning Commission Meeting



* 3. For the purpose oI Requirement 2, and Ior that purpose only:
a. The 'property line oI a protected use reIers to the property line oI a Iee interest
parcel that has been created by an approved and recorded parcel map or
subdivision map, and does not include the property line oI a leasehold parcel; and
b. The 'property line oI a medical marijuana dispensary reIers to:
i. The property line oI a parcel that has been created by an approved and
recorded parcel map or commercial subdivision map; or
ii. The property line oI a parcel that is located within an approved and
recorded commercial subdivision and that has been created by a record oI
survey or legal description, iI:
A. Using the property line oI that parcel Ior the purpose oI
measuring the distance separation reIerred to in Requirement 1
would qualiIy the parcel under the distance separation requirement;
B. The proposed medical marijuana dispensary will have direct
access (both ingress and egress) Irom a street having a minimum
right-oI-way width oI 100 Ieet. The required access may be shared
with a larger development but must be located within the property
lines oI the parcel on which the proposed medical marijuana
dispensary will be located;
C. All parking spaces required by this Section 19.12.070 Ior the
medical marijuana dispensary use will be located on the same
parcel as the use; and
D. The owners oI all parcels within the commercial subdivision,
including the owner oI agreement, satisIactory to the City
Attorney, that provides Ior perpetual, reciprocal cross-access,
ingress and egress throughout the commercial subdivision.

The subfect site is a standalone parcel and did not require the creation of a separate
parcel to meet the distance separation requirements. As such, subsection b.ii is not
applicable and the site is in conformance with this requirement. The proposed use meets
this requirement, as the measurement to the protected uses was determined using the
specified method in Requirement Two. The distance to the protected uses was taken from
the property line of the subfect site.
.

*4. The use shall conIorm to, and is subject to, the provisions oI LVMC Title 6, as such
provisions may be presently adopted or hereaIter amended.

The use complies and will be subfect to this requirement.

*5. No outside storage shall be permitted, including the use oI shipping containers Ior on-
site storage.
SUP-55301
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Staff Report Page Six
September 23, 2014 - Special Planning Commission Meeting



The proposed use meets this requirement as no outside storage, including shipping
containers has been denoted within the submitted site plan.

*6. Subject to the requirements oI applicable building and Iire codes, public access to the
building shall be Irom one point oI entry and exit, with no other access to the interior oI
the building permitted.

The submitted floor plan indicates only one public access point to the proposed Medical
Marifuana Dispensary.

*7. No drive-through Iacilities shall be permitted in conjunction with a medical marijuana
dispensary.

The proposed use complies with this requirement as the submitted site plan illustrates no
drive-through facilities as part of the subfect site.

*8. Signage Ior the establishment shall be limited to one wall sign per street Irontage, the
Iace oI the sign not to exceed thirty square Ieet in area and not to exceed two Ieet in
height. Such a sign shall be internally illuminated, with the use oI neon prohibited.

The proposed use complies with this requirement as the submitted building and sign
elevations illustrate the location and si:e of one 12 square-foot internally illuminated
wall sign per street frontage.

*9. The Special Use Permit shall be void without Iurther action iI the uses ceases Ior a
period exceeding 90 days.

The use will be subfect to this requirement if the Special Use Permit is approved and
exercised.

*10. A medical marijuana dispensary shall obtain all required approvals Irom the State oI
Nevada to operate such a Iacility prior to the Special Use Permit being exercised pursuant
to LVMC 19.16.110.

The use will be subfect to this requirement if the Special Use Permit is approved and
prior to it being exercised.

*11. Elevations and signage must Iirst be reviewed by the Downtown Design Review
Committee established pursuant to LVMC 19.10.100(D)(1) prior to any public hearing
Ior a Special Use Permit. The review will be perIormed in accordance with the
procedures set Iorth in LVMC 19.10.100(D), as in the case oI reviews normally
perIormed by that Committee, but measuring compliance instead with the substantive
standards Ior elevations and signage pertaining to dispensaries that are set Iorth in this
Title or that have been established administratively by the Director.
SUP-55301
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Staff Report Page Seven
September 23, 2014 - Special Planning Commission Meeting



The proposed building elevations and signage were reviewed and approved by the
Downtown Design Review Committee (DDRC) on August 19th, 2014.

*12. No medical marijuana dispensary shall be located on any property which abuts
Fremont Street west oI 8th Street.

The use complies with this requirement as the subfect site does not abut Fremont Street,
west of 8
th
Street.

*13. No accessory uses are permitted in association with a medical marijuana dispensary.

The use will be subfect to this requirement if the Special Use Permit is approved and will
remain in effect the duration the use is active.

The proposed use would be placed within a 1,750 square-Ioot tenant space located within a
commercial shopping center located along West Charleston Boulevard. The subject site
Iacilitates the required parking Ior the proposed use. Other than the Minimum Special Use
Permit Requirements Iound within Title 19.12, there are no special development requirements
pertaining to the site. There are no other similar uses or protected uses within the required
distance separations. For these reasons, the proposed use is deemed compatible with the
surrounding uses; thereIore, staII recommends approval with conditions.


FINDINGS (SUP-55301)

In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must aIIirm the Iollowing:

1. The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.

The subject site complies with all minimum distance requirements as set Iorth by Title
19.12 and thereIore the use can be conducted in a compatible and harmonious manner with
the existing surrounding land uses and Iuture land uses as projected by the General Plan.

2. The subject site is physically suitable for the type and intensity of land use proposed.

The site contains a Shopping Center with a variety oI retail and restaurant uses. This
site contains adequate parking Ior all uses, and the proposed use does not generate the
need Ior any additional parking spaces beyond what has been provided onsite.
SUP-55301
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Staff Report Page Eight
September 23, 2014 - Special Planning Commission Meeting



3. Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.

The proposed Medical Marijuana Dispensary can be accessed Irom Charleston
Boulevard, a 96-Ioot Primary Arterial, which has adequate capacity to serve the
proposed development. Secondary access is also provided Irom Wilshire Street, a 60-
Ioot Local Collector.

4. Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.

The proposed Medical Marijuana Dispensary use will be subject to regular City and
County inspections Ior licensing and will thereIore not compromise the public health,
saIety, and general welIare or any objective oI the General Plan.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Medical Marijuana Dispensary use meets all distance separation
requirements per Title 19.12. Conditions oI approval will ensure conIormance with all
other minimum requirements Ior this use.



NEIGHBORHOOD ASSOCIATIONS NOTIFIED 23


NOTICES MAILED 652


APPROVALS 2


PROTESTS 4

SUP-55301
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Agenda tem No.: 36.



AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING Consent Discussion

SUB1ECT:
SUP-55302 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: SILVER SAGE
WELLNESS, LLC - OWNER: SCHWIMER PROPERTIES, LLC - For possible action on a
request Ior a Special Use Permit FOR A PROPOSED 1,800 SQUARE-FOOT MEDICAL
MARIJUANA DISPENSARY at 4626 West Charleston Boulevard (APN 139-31-410-130), C-1
(Limited Commercial) Zone, Ward 1 (Tarkanian). StaII recommends APPROVAL.

C.C.: 10/28/2014

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:

Planning Commission Mtg. 3 Planning Commission Mtg. 0


City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
StaII recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and StaII Report
3. Supporting Documentation
4. Photos
5. JustiIication Letter
6. Protest Postcards


SUP-55302
RTS

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: SILVER SAGE WELLNESS, LLC - OWNER:
SCHWIMER PROPERTIES, LLC


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55302 StaII recommends APPROVAL, subject to conditions:

N/A


`` CONDITIONS ``


SbF-55302 CONDIIIONS


Planning

1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Medical
Marijuana Dispensary use.

2. No physician or medical person making recommendations Ior medical marijuana may be
located within a dispensary.

3. There shall be no on-premise consumption (the use, smoking, ingestion or consumption oI
any marijuana, edible marijuana or marijuana inIused product) on the licensed premises.

4. ConIormance to the associated Iinal recommendation oI the Downtown Design Review
Committee (DDRC) shall be required.

5. All development shall be in conIormance with the site plan and Iloor plan, date stamped
06/23/14, and building and sign elevations, date stamped 08/04/14, except as amended by
conditions herein. Any modiIication oI the premises oI a medical marijuana establishment
shall be Iiled 60 days in advance oI any proposed construction. A Iull and complete copy
oI all architectural and building plans shall be Iiled with the Director Ior a review oI
compliance with Title 6.95 and Title 19. The Director shall review the plans and approve
any modiIications in compliance with this chapter prior to the commencing oI any
construction oI modiIications.
SUP-55302
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Conditions Page Two
September 23, 2014 - Special Planning Commission Meeting



6. This approval shall be void eighteen months Irom the date oI Iinal approval, unless
exercised pursuant upon the issuance oI a business license. An Extension oI Time may be
Iiled Ior consideration by the City oI Las Vegas.

7. All necessary building permits shall be obtained and Iinal inspections shall be completed
in compliance with Title 19 and all codes as required by the Department oI Building and
SaIety.

8. These Conditions oI Approval shall be aIIixed to the cover sheet oI any plan set submitted
Ior building permit, as well as submitted as part oI any business license application.

9. The presence oI minors on the premises oI a medical marijuana establishment is prohibited
unless the minor is a qualiIied patient on the premises oI a dispensary and is accompanied
by his or her parent or legal guardian.

10. Approval oI this Special Use Permit does not constitute approval oI a medical marijuana
Iacility license.

11. This business shall operate in conIormance to Chapter 6.95 oI the City oI Las Vegas
Municipal Code.

12. No temporary signs such as banners, pennants, inIlatable objects, streamers, Ilags, or other
similar attention gaining item or devices shall be displayed upon the subject property or a
vehicle displaying advertisement in the parking lot oI the subject property without the
appropriate permits.

13. This Special Use Permit shall be reviewed biennially concurrently with the associated
business license, at which time the City Council may require the termination oI the use.
The applicant shall be responsible Ior notiIication costs oI the review. Failure to pay the
City Ior these costs may result in a requirement that the Medical Marijuana Dispensary be
removed.

14. All medical marijuana products shall remain in the original manuIacturer's conIiguration
intended Ior oII-sale.

15. A Medical Marijuana Dispensary shall obtain all required approvals Irom the State oI
Nevada to operate such a Iacility prior to the Special Use Permit being exercised pursuant
to LVMC 19.16.110.

16. ConIormance to all regulations pertaining to Medical Marijuana Establishment Iound
within Nevada Revised Statute 453A and Nevada Administrative Code NAC 453A.

17. All City Code requirements and design standards oI all City departments must be satisIied,
except as modiIied herein.

SUP-55302
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Staff Report Page One
September 23, 2014 - Special Planning Commission Meeting



`` STAFF REPORT ``



PRO1ECT DESCRIPTION

This application is a request Ior a Special Use Permit Ior a proposed Medical Marijuana
Dispensary to be located at 4626 West Charleston Boulevard. The subject site complies with all
minimum distance requirements as set Iorth by Title 19.12 and thereIore the use can be
conducted in a compatible and harmonious manner with the existing surrounding land uses and
Iuture land uses as projected by the General Plan. As such, StaII recommends approval oI the
proposed use with standard conditions. II denied, no Medical Marijuana Dispensary would be
permitted to be established at this site.


ISSUES

The Medical Marijuana Dispensary use is permitted within a C-1 (Limited Commercial)
zoning district with the approval oI a Special Use Permit.
The subject building elevations and signage has been reviewed and approved by the
Downtown Design Review Committee (DDRC) on August 19
th
, 2014.
For the subject site to be eligible Ior a Medical Marijuana Dispensary the subject site must be
in compliance with all minimum distance separation requirements, pursuant to Title 19.12, as
set Iorth by adopted Ordinance No. 6321.
Simultaneous reviews oI the business license application and the Special Use Permit
application were conducted. II either application Iailed to comply with their respective
requirements both applications would have been deemed incomplete and consequently
rejected.


BACKGROUND INFORMATION

Related Relevant City Actions by P&D, Fire, Bldg., etc
05/21/14
City Council approved Text Amendment (TXT-52502) to amend LVMC
Chapter 19.12 related to Permitted Uses and Chapter 19.18 related to
DeIinitions and Measures to add Medical Marijuana Dispensaries, Facilities
Ior the Production oI Edible Marijuana Products or Marijuana InIused
Products and Marijuana Cultivation Facilities as permissible uses by adding
zoning district applicability, descriptions and deIinitions Ior these activities as
they are contemplated by SB 374 oI the Nevada Revised Statues and to
provide Ior other related matters. Ordinance No. 6321.
SUP-55302
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Staff Report Page Two
September 23, 2014 - Special Planning Commission Meeting



06/04/14
City Council approved Text Amendment (TXT-52502) to amend Las Vegas
Municipal Code Title 6 to implement licensing regulations related to Iacilities
Ior the production oI edible marijuana products or marijuana-inIused
products, medical marijuana dispensaries, medical marijuana cultivation
Iacilities, and independent testing laboratories, collectively reIerred to as
medical marijuana establishments, in conIormance with the intent oI SB 374
oI the 2013 session oI the Nevada Legislature and to provide Ior other related
matters. Ordinance 6324.
08/19/14
The Downtown Design Review Committee approved the building elevations
and signage Ior the proposed Medical Marijuana Dispensary.


Most Recent Change of Ownership
08/06/13 A deed was recorded Ior a change in ownership.


Pre-Application Work Croup
06/12/14
06/17/14
06/19/14
07/01/14
Multiple pre-application workgroup meetings were Iacilitated, in which
submittal requirements Ior the Iiling oI the Special Use Permit application, as
well as Business Licensing applications were reviewed and supplemental
handouts were given.


Field Check
08/14/14
A Iield check oI the site Iound the site to be in generally good conditions;
however, it was noted that there are several dead plants in the perimeter
landscape buIIer along Charleston Boulevard and multiple non-permitted
banners on the building.


Details of Application Request
Site Area
Net Acres 0.32 Acres


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special Land
Use Designation
Existing Zoning District
Subject Property General Retail SC (Service Commercial) C-1 (Limited Commercial)
North
Single Family,
Detached
L (Low Density
Residential)
R-1 (Single Family
Residential)
South Restaurant MXU (Mixed Use) C-1 (Limited Commercial)
East General Retail SC (Service Commercial) C-1 (Limited Commercial)
West General Retail SC (Service Commercial) C-1 (Limited Commercial)
SUP-55302
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Staff Report Page Three
September 23, 2014 - Special Planning Commission Meeting



Master Plan Areas Compliance
No Applicable Master Plan Area N/A
Special Purpose and Overlay Districts Compliance
No Applicable Special Purpose or Overlay Districts N/A
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area 2 Y
Walkable Community Plan (Meadows) Y
Project oI SigniIicant Impact (Development Impact NotiIication Assessment) N/A
Project oI Regional SigniIicance N/A


DEVELOPMENT STANDARDS

Street Name
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Charleston
Boulevard
Primary Arterial
Planned Streets and
Highways Map / Title
19.04 Complete Streets

95 Feet Y


Pursuant to 1itle 19.8 and 19.12, the following parking standards apply:
Parking Requirement
Required Provided Compliance
Parking Parking
Use
Cross Floor
Area or
Number of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Medical
Marijuana
Dispensary
Facility
1,800 1/175 SF 11

General Retail 10,325 1/175 SF 59
TOTAL SPACES REQUIRED 70

45

Y *
Regular and Handicap Spaces Required 67 3 43 2 Y *
Loading
Spaces
2 None marked Y *
* This site has previously been deemed a parking-impaired development and the proposed Medical
Marifuana Dispensary does not require any additional parking or loading over the established
parking and loading requirements.

SUP-55302
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Staff Report Page Four
September 23, 2014 - Special Planning Commission Meeting



Wall Signs: [South Elevation]
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage 1 Sign Y
Maximum Area 30 SF 30 SF Y
Maximum Height 2 Feet 2 Feet Y
Illumination
Internal
(Neon Prohibited)
Internal (Back Lit) Y


ANALYSIS

The Medical Marijuana Dispensary use is deIined as 'An establishment which acquires,
possesses, delivers, transIers, transports, supplies, sells or dispenses marijuana or related supplies
and educational materials to the holder oI a valid registry identiIication card. This use includes a
'medical marijuana dispensary, as deIined in NRS 453A.115. The justiIication letter states,
'Silver Sage Wellness is a pure, medicinal dispensary applicant with a true pharmacy model
located in a long-standing, historically commercial portion oI Las Vegas ....; Iurther the
justiIication letter goes on to indicate that the 'site plan reveal a true pharmacy model dispensary
where patient privacy and secure and saIe transactions are paramount. The site itselI is suitable
Ior meeting these needs and can be secured and regulated in accord with all City oI Las Vegas
and State requirements. The Iloor plan illustrates a 1,800 square-Ioot Medical Marijuana
Dispensary with approximately 646 square Ieet oI waiting, queuing and transaction space. Per
the submitted justiIication letter and Iloor plan, the proposed use meets the deIinition outlined
above.

The Minimum Special Use Permit Requirements Ior this use include:

*1. Pursuant to its general authority to regulate the cultivation, production, dispensing
and sale oI medical marijuana, the City Council declares that the public health, saIety and
general welIare oI the City are best promoted and protected by generally requiring a
minimum separation between a medical marijuana dispensary and certain other uses that
should be protected Irom the impacts associated with a medical marijuana dispensary.
ThereIore, except as otherwise provided below, no medical marijuana dispensary may be
located within 1000 Ieet oI any school; or within 300 Ieet oI any individual care center
licensed Ior more than 12 children, community recreational Iacility (public), City park, or
church/house oI worship.

The proposed use meets this requirement, as there are no schools, within 1,000 feet of the
subfect property, as well as there are no individual care centers licensed for more than
12 children, community recreational facilities (public) or City parks or churches/houses
of worship within 300 feet of the subfect property.
SUP-55302
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Staff Report Page Five
September 23, 2014 - Special Planning Commission Meeting



* 2. The distance separation reIerred to in Requirement 1 shall be measured with
reIerence to the shortest distance between two property lines, one being the property line
oI the proposed medical marijuana dispensary which is closest to the existing use to
which the measurement pertains, and the other being the property line oI that existing use
which is closest to the proposed medical marijuana dispensary. The distance shall be
measured in a straight line without regard to intervening obstacles.

The proposed use meets this requirement, measurement is taken from the property line of
lots three hundred fifty one (351), three hundred fifty two (352), three hundred fifty three
(353), three hundred fifty four (354), and three hundred fifty five (355), in block
seventeen (17) of Hyde Park Subdivision No. 3, as shown by map thereof on file in Book
3 of Plats, Page 99, in the Office of the County Recorder, Clark County, Nevada.

* 3. For the purpose oI Requirement 2, and Ior that purpose only:
a. The 'property line oI a protected use reIers to the property line oI a Iee interest
parcel that has been created by an approved and recorded parcel map or
subdivision map, and does not include the property line oI a leasehold parcel; and
b. The 'property line oI a medical marijuana dispensary reIers to:
i. The property line oI a parcel that has been created by an approved and
recorded parcel map or commercial subdivision map; or
ii. The property line oI a parcel that is located within an approved and
recorded commercial subdivision and that has been created by a record oI
survey or legal description, iI:
A. Using the property line oI that parcel Ior the purpose oI
measuring the distance separation reIerred to in Requirement 1
would qualiIy the parcel under the distance separation requirement;
B. The proposed medical marijuana dispensary will have direct
access (both ingress and egress) Irom a street having a minimum
right-oI-way width oI 100 Ieet. The required access may be shared
with a larger development but must be located within the property
lines oI the parcel on which the proposed medical marijuana
dispensary will be located;
C. All parking spaces required by this Section 19.12.070 Ior the
medical marijuana dispensary use will be located on the same
parcel as the use; and
D. The owners oI all parcels within the commercial subdivision,
including the owner oI agreement, satisIactory to the City
Attorney, that provides Ior perpetual, reciprocal cross-access,
ingress and egress throughout the commercial subdivision.

The subfect site is an existing commercial development and did not require the creation
of a separate parcel to meet the distance separation requirements. As such, subsection
b.ii is not applicable and the site is in conformance with this requirement
SUP-55302
RTS

Staff Report Page Six
September 23, 2014 - Special Planning Commission Meeting



*4. The use shall conIorm to, and is subject to, the provisions oI LVMC Title 6, as such
provisions may be presently adopted or hereaIter amended.

The use complies and will be subfect to this requirement.

*5. No outside storage shall be permitted, including the use oI shipping containers Ior on-
site storage.

The proposed use meets this requirement as no outside storage, including shipping
containers has been denoted within the submitted site plan.

*6. Subject to the requirements oI applicable building and Iire codes, public access to the
building shall be Irom one point oI entry and exit, with no other access to the interior oI
the building permitted.

The submitted floor plan indicates only one public access point to the proposed Medical
Marifuana Dispensary.

*7. No drive-through Iacilities shall be permitted in conjunction with a medical marijuana
dispensary.

The proposed use complies with this requirement as the submitted site plan illustrates no
drive-through facilities as part of the subfect site.

*8. Signage Ior the establishment shall be limited to one wall sign per street Irontage, the
Iace oI the sign not to exceed thirty square Ieet in area and not to exceed two Ieet in
height. Such a sign shall be internally illuminated, with the use oI neon prohibited.

The proposed use complies with this requirement as the submitted building and sign
elevations illustrate the location and si:e of one 30 square-foot internally illuminated
(backlit) wall sign per street frontage.

*9. The Special Use Permit shall be void without Iurther action iI the uses ceases Ior a
period exceeding 90 days.

The use will be subfect to this requirement if the Special Use Permit is approved and
exercised.

*10. A medical marijuana dispensary shall obtain all required approvals Irom the State oI
Nevada to operate such a Iacility prior to the Special Use Permit being exercised pursuant
to LVMC 19.16.110.

The use will be subfect to this requirement if the Special Use Permit is approved and
prior to it being exercised.
SUP-55302
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Staff Report Page Seven
September 23, 2014 - Special Planning Commission Meeting



*11. Elevations and signage must Iirst be reviewed by the Downtown Design Review
Committee established pursuant to LVMC 19.10.100(D)(1) prior to any public hearing
Ior a Special Use Permit. The review will be perIormed in accordance with the
procedures set Iorth in LVMC 19.10.100(D), as in the case oI reviews normally
perIormed by that Committee, but measuring compliance instead with the substantive
standards Ior elevations and signage pertaining to dispensaries that are set Iorth in this
Title or that have been established administratively by the Director.

The proposed building elevations and signage were reviewed and approved by the
Downtown Design Review Committee (DDRC) on August 19th, 2014.

*12. No medical marijuana dispensary shall be located on any property which abuts
Fremont Street west oI 8th Street.

The use complies with this requirement as the subfect site does not abut Fremont Street,
west of 8
th
Street.

*13. No accessory uses are permitted in association with a medical marijuana dispensary.

The use will be subfect to this requirement if the Special Use Permit is approved and will
remain in effect the duration the use is active.

The proposed use would be placed within a 1,800 square-Ioot tenant space located within a
developed commercial property located along West Charleston Boulevard. The subject site
Iacilitates the required parking Ior the proposed use. Other than the Minimum Special Use
Permit Requirements Iound within Title 19.12, there are no special development requirements
pertaining to the site. There are no other similar uses or protected uses within the required
distance separations. For these reasons, the proposed use is deemed compatible with the
surrounding uses; thereIore, staII recommends approval with conditions.


FINDINGS (SUP-55302)

In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must aIIirm the Iollowing:

1. The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.

The subject site complies with all minimum distance requirements as set Iorth by Title
19.12 and thereIore the use can be conducted in a compatible and harmonious manner with
the existing surrounding land uses and Iuture land uses as projected by the General Plan.
SUP-55302
RTS

Staff Report Page Eight
September 23, 2014 - Special Planning Commission Meeting



2. The subject site is physically suitable for the type and intensity of land use proposed.

The site contains a commercial retail center. This site contains adequate parking Ior all
existing and proposed uses, and the proposed use does not generate the need Ior any
additional parking spaces beyond what has been provided onsite.

3. Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.

The proposed Medical Marijuana Dispensary can be accessed Irom West Charleston
Boulevard, a 95-Ioot Primary Arterial that has adequate capacity to serve the proposed
development.

4. Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.

The proposed Medical Marijuana Dispensary use will be subject to regular City and
County inspections Ior licensing and will thereIore not compromise the public health,
saIety, and general welIare or any objective oI the General Plan.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Medical Marijuana Dispensary use meets all distance separation
requirements per Title 19.12. Conditions oI approval will ensure conIormance with all
other minimum requirements Ior this use.



NEIGHBORHOOD ASSOCIATIONS NOTIFIED 28


NOTICES MAILED 410


APPROVALS 0


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Agenda tem No.: 37.



AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING Consent Discussion

SUB1ECT:
SUP-55303 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: HERBAL
CHOICE INC., LLC - OWNER: NVDD HOLDINGS RP5 - For possible action on a request Ior
a Special Use Permit FOR A PROPOSED 12,000 SQUARE-FOOT MEDICAL MARIJUANA
CULTIVATION FACILITY at 800 West Mesquite Avenue (APN 139-28-802-001), M
(Industrial) Zone, Ward 5 (Barlow). StaII recommends APPROVAL.

C.C.: 10/28/2014

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:

Planning Commission Mtg. 0 Planning Commission Mtg. 0


City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
StaII recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and StaII Report
3. Supporting Documentation
4. Photos
5. JustiIication Letter


SUP-55303
RTS

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: HERBAL CHOICE INC, LLC - OWNER: NVDD
HOLDINGS RP5


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55303 StaII recommends APPROVAL, subject to conditions:

N/A


`` CONDITIONS ``


SbF-55303 CONDIIIONS

Planning

1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Medical
Marijuana Cultivation Facility use.

2. An air Iiltration system to be designed by a Nevada licensed engineer shall be provided
prior to the issuance oI a certiIicate oI occupancy

3. Cultivation is limited to the interior oI a building.

4. There shall be no on-premise consumption (the use, smoking, ingestion or consumption oI
any marijuana, edible marijuana or marijuana inIused product) on the licensed premises.

5. All development shall be in conIormance with the site plan and Iloor plan, date stamped
08/04/14, except as amended by conditions herein. Any modiIication oI the premises oI a
medical marijuana establishment shall be Iiled 60 days in advance oI any proposed
construction. A Iull and complete copy oI all architectural and building plans shall be Iiled
with the Director Ior a review oI compliance with Title 6.95 and Title 19. The Director
shall review the plans and approve any modiIications in compliance with this chapter prior
to the commencing oI any construction oI modiIications.
SUP-55303
RTS

Conditions Page Two
September 23, 2014 - Special Planning Commission Meeting



6. A revised site plan must be submitted prior to the issuance oI building permits or a
business license that indicates the placement oI at least two on-site loading spaces as
required by and in compliance with Title 19.08.110(D).

7. This approval shall be void eighteen months Irom the date oI Iinal approval, unless
exercised pursuant upon the issuance oI a business license. An Extension oI Time may be
Iiled Ior consideration by the City oI Las Vegas.

8. All necessary building permits shall be obtained and Iinal inspections shall be completed
in compliance with Title 19 and all codes as required by the Department oI Building and
SaIety.

9. These Conditions oI Approval shall be aIIixed to the cover sheet oI any plan set submitted
Ior building permit, as well as submitted as part oI any business license application.

10. The presence oI minors on the premises oI a medical marijuana establishment is prohibited
unless the minor is a qualiIied patient on the premises oI a dispensary and is accompanied
by his or her parent or legal guardian.

11. Approval oI this Special Use Permit does not constitute approval oI a medical marijuana
Iacility license.

12. This business shall operate in conIormance to Chapter 6.95 oI the City oI Las Vegas
Municipal Code.

13. No temporary signs such as banners, pennants, inIlatable objects, streamers, Ilags, or other
similar attention gaining item or devices shall be displayed upon the subject property or a
vehicle displaying advertisement in the parking lot oI the subject property without the
appropriate permits.

14. This Special Use Permit shall be reviewed biennially concurrently with the associated
business license, at which time the City Council may require the termination oI the use.
The applicant shall be responsible Ior notiIication costs oI the review. Failure to pay the
City Ior these costs may result in a requirement that the Medical Marijuana Cultivation
Facility be removed.

15. All medical marijuana products shall remain in the original manuIacturer's conIiguration
intended Ior oII-sale.

16. A Medical Marijuana Cultivation Facility shall obtain all required approvals Irom the State
oI Nevada to operate such a Iacility prior to the Special Use Permit being exercised
pursuant to LVMC 19.16.110.
SUP-55303
RTS

Conditions Page Three
September 23, 2014 - Special Planning Commission Meeting



17. ConIormance to all regulations pertaining to Medical Marijuana Establishment Iound
within Nevada Revised Statute 453A and Nevada Administrative Code NAC 453A.

18. Prior to the submittal oI a building permit application, the applicant shall meet with
Department oI Planning staII to develop a comprehensive address plan Ior the subject site.
A copy oI the approved address plan shall be submitted with any Iuture building permit
applications related to the site.

19. All City Code requirements and design standards oI all City departments must be satisIied,
except as modiIied herein.


Public Works

20. Coordinate with the Environmental Compliance Section oI the Department oI Public
Works to determine appropriate pretreatment procedures, iI any, required Ior industrial
eIIluent Irom this Iacility prior to occupancy oI this site or a business license Ior this use.
Comply with the recommendations oI the Environmental Compliance Section. The
Section may be contacted through John Solvie, 702-229-6547 or email at
jsolvielasvegasnevada.gov.


SUP-55303
RTS
Staff Report Page One
September 23, 2014 - Special Planning Commission Meeting



`` STAFF REPORT ``



PRO1ECT DESCRIPTION

This application is a request Ior a Special Use Permit Ior a proposed Medical Marijuana
Cultivation Facility to be located at 800 West Mesquite Avenue. The subject site complies with
all minimum distance requirements as set Iorth by Title 19.12 and thereIore the use can be
conducted in a compatible and harmonious manner with the existing surrounding land uses and
Iuture land uses as projected by the General Plan. As such, StaII recommends approval oI the
proposed use with standard conditions. II denied, no Medical Marijuana Cultivation Facility
would be permitted to be established at this site.


ISSUES

The Medical Marijuana Cultivation Facility use is permitted within an M (Industrial) zoning
district with the approval oI a Special Use Permit.
For the subject site to be eligible Ior a Medical Marijuana Cultivation Facility the subject site
must be in compliance with all minimum distance separation requirements, pursuant to Title
19.12, as set Iorth by adopted Ordinance No. 6321.
Simultaneous reviews oI the business license application and the Special Use Permit
application were conducted. II either application Iailed to comply with their respective
requirements both applications would have been deemed incomplete and consequently
rejected.


BACKGROUND INFORMATION

Related Relevant City Actions by P&D, Fire, Bldg., etc
05/21/14
City Council approved Text Amendment (TXT-52502) to amend LVMC
Chapter 19.12 related to Permitted Uses and Chapter 19.18 related to
DeIinitions and Measures to add Medical Marijuana Dispensaries, Facilities
Ior the Production oI Edible Marijuana Products or Marijuana InIused
Products and Marijuana Cultivation Facilities as permissible uses by adding
zoning district applicability, descriptions and deIinitions Ior these activities as
they are contemplated by SB 374 oI the Nevada Revised Statues and to
provide Ior other related matters. Ordinance No. 6321.
SUP-55303
RTS
Staff Report Page Two
September 23, 2014 - Special Planning Commission Meeting



Related Relevant City Actions by P&D, Fire, Bldg., etc
06/04/14
City Council approved Text Amendment (TXT-52502) to amend Las Vegas
Municipal Code Title 6 to implement licensing regulations related to Iacilities
Ior the production oI edible marijuana products or marijuana-inIused
products, medical marijuana dispensaries, medical marijuana cultivation
Iacilities, and independent testing laboratories, collectively reIerred to as
medical marijuana establishments, in conIormance with the intent oI SB 374
oI the 2013 session oI the Nevada Legislature and to provide Ior other related
matters. Ordinance 6324.
09/23/14
Planning Commission will hear a request Ior a Special Use Permit (SUP-
55299) Ior a proposed 1,360 square-Ioot Medical Marijuana Dispensary in a
separate building on the subject site.


Most Recent Change of Ownership
03/20/14 A deed was recorded Ior a change in ownership.


Pre-Application Work Croup
06/12/14
06/17/14
06/19/14
07/01/14
Multiple pre-application workgroup meetings were Iacilitated, in which
submittal requirements Ior the Iiling oI the Special Use Permit application, as
well as Business Licensing applications were reviewed and supplemental
handouts were given.


Field Check
08/14/14
Site is generally in clean and in good repair. There is graIIiti on the masonry
wall just east oI the entrance to the site. Parking areas stripping is hard to see.


Details of Application Request
Site Area
Net Acres 3.91 Acres


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property Vacant
LI/R (Light
Industrial/Research)
M (Industrial)
North ROW (I-15) ROW ROW
South ROW (US95) ROW ROW
SUP-55303
RTS

Staff Report Page Three
September 23, 2014 - Special Planning Commission Meeting



Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
East
Building &
Landscape
Material/Lumber
Yard
LI/R (Light
Industrial/Research)
M (Industrial)
West ROW (I-15) ROW ROW


Master Plan Areas Compliance
Downtown North Plan Y
Special Purpose and Overlay Districts Compliance
A-O (Airport Overlay) District 175 Feet Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Project oI SigniIicant Impact (Development Impact NotiIication Assessment) N/A
Project oI Regional SigniIicance N/A


DEVELOPMENT STANDARDS

Street Name
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Mesquite Avenue Local Collector
Title 19.04 Complete
Streets
55 Ieet Y


Pursuant to 1itle 19.8 and 19.12, the following parking standards apply:
Parking Requirement
Required Provided Compliance
Parking Parking
Use
Cross Floor
Area or
Number of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Medical
Marijuana
Dispensary
Facility
1,360 1/175 SF 8

Medical
Marijuana
Cultivation
Facility
11,305 1/1000 SF 12




SUP-55303
RTS
Staff Report Page Four
September 23, 2014 - Special Planning Commission Meeting



Parking Requirement
Required Provided Compliance
Parking Parking
Use
Cross Floor
Area or
Number of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Vacant
(Warehouse)
4,375 1/1000 SF 5

TOTAL SPACES REQUIRED 25

29

Y
Regular and Handicap Spaces Required 24 1 27 2 Y
Loading
Spaces
2
None marked,
plenty oI space
available
N *
* an 'if approved` condition has been added requiring the submission of a revised site plan that
shows at least two designated loading spaces that comply with the on-site loading space design
standards per Title 19.08.110(D).


Wall Signs: [Southeastern Elevation]
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage 1 Sign Y
Maximum Area 30 SF 12 SF Y
Maximum Height 2 Feet 2 Feet Y
Illumination
Internal
(Neon Prohibited)
Internal Y


ANALYSIS

The Medical Marijuana Cultivation Facility use is deIined as 'A Iully stand-alone detached
enclosed structure which cultivates, delivers, transIers, transports, supplies, or sells marijuana to
medical marijuana dispensaries or medical marijuana production Iacilities. This use includes a
'cultivation Iacility, as deIined in NRS 453A.056. The justiIication letter states, 'A Cultivation
Facility in this location is consistent with the surrounding land uses and will not have any
adverse impact on the surrounding environment. In Iact, with the security required Ior a
Cultivation Facility, rehabilitating this building into a viable use will improve the area by
increasing lighting, renovating a vacant structure, and creating a 24-hour security presence in
Mesquite Avenue. The Iloor plan illustrates an approximately 12,000 square-Ioot Medical
Marijuana Cultivation Facility with 10,370 square Ieet oI enclosed cultivation area. Per the
submitted justiIication letter and Iloor plan, the proposed use meets the deIinition outlined above.
SUP-55303
RTS

Staff Report Page Five
September 23, 2014 - Special Planning Commission Meeting



The Minimum Special Use Permit Requirements Ior this use include:

*1. Pursuant to its general authority to regulate the cultivation, production, dispensing
and sale oI medical marijuana, the City Council declares that the public health, saIety and
general welIare oI the City are best promoted and protected by generally requiring a
minimum separation between medical marijuana cultivation Iacilities and certain other
uses that should be protected Irom the impacts associated with a medical marijuana
cultivation Iacility. ThereIore, except as otherwise provided below, no medical marijuana
cultivation Iacility may be located within 1000 Ieet oI any school; or within 300 Ieet oI
any individual care center licensed Ior more than 12 children, community recreational
Iacility (public), City park, or church/house oI worship.

The proposed use meets this requirement, as there are no schools, within 1,000 feet of the
subfect property, as well as there are no individual care centers licensed for more than
12 children, community recreational facilities (public) or City parks or churches/houses
of worship within 300 feet of the subfect property.

*2. The distance separation reIerred to in Requirement 1 shall be measured with
reIerence to the shortest distance between two property lines, one being the property line
oI the proposed medical marijuana cultivation Iacility which is closest to the existing use
to which the measurement pertains, and the other being the property line oI that existing
use which is closest to the proposed medical marijuana cultivation Iacility. The distance
shall be measured in a straight line without regard to intervening obstacles.

The proposed use meets this requirement, measurement is taken from the property line of
parcel 139-28-802-001, located at the terminus of West Mesquite Avenue east of the I-15.

*3. For the purpose oI Requirement 2, and Ior that purpose only:
a. The 'property line oI a protected use reIers to the property line oI a Iee interest
parcel that has been created by an approved and recorded parcel map or
subdivision map, and does not include the property line oI a leasehold parcel; and
b. The 'property line oI a medical marijuana cultivation Iacility reIers to:
i. The property line oI a parcel that has been created by an approved and
recorded parcel map or commercial subdivision map; or
ii. The property line oI a parcel that is located within an approved and
recorded commercial subdivision and that has been created by a record oI
survey or legal description, iI:
A. Using the property line oI that parcel Ior the purpose oI
measuring the distance separation reIerred to in Requirement 1
would qualiIy the parcel under the distance separation requirement;
B. The proposed medical marijuana cultivation Iacility will have
direct access (both ingress and egress) Irom a street having a
minimum right-oI-way width oI 100 Ieet. The required access may
be shared with a larger development but must be located within the
property lines oI the parcel on which the proposed medical
marijuana cultivation Iacility will be located;
SUP-55303
RTS

Staff Report Page Six
September 23, 2014 - Special Planning Commission Meeting



The subfect site is an existing commercial development and did not require the creation
of a separate parcel to meet the distance separation requirements. As such, subsection
b.ii is not applicable and the site is in conformance with this requirement.

*4. The use shall conIorm to, and is subject to, the provisions oI LVMC Title 6, as such
provisions may be presently adopted or hereaIter amended.

The use complies and will be subfect to this requirement.

*5. No outside storage shall be permitted, including the use oI shipping containers Ior on-
site storage.

The proposed use meets this requirement as no outside storage, including shipping
containers has been denoted within the submitted site plan.

*6. An air Iiltration system to be designed by a Nevada licensed engineer shall be
provided prior to the issuance oI a CertiIicate oI Occupancy.

The proposed use shall comply with this requirement as part of the permitting process
that will occur prior to the issuance of a Certificate of Occupancy.

*7. Signage Ior the establishment shall be limited to one wall per street Irontage, the Iace
oI the sign not to exceed thirty square Ieet in area and not to exceed two Ieet in height.
Such a sign shall be internally illuminated, with the use oI neon prohibited.

The proposed use complies with this requirement as the submitted building and sign
elevations illustrate the location and si:e of one 12 square-foot internally illuminated
wall sign per street frontage.

*8. The Special Use Permit shall be void without Iurther action iI the uses ceases Ior a
period exceeding 90 days.

The use will be subfect to this requirement if the Special Use Permit is approved and
exercised.

*9. A Medical Marijuana Cultivation Facility shall obtain all required approvals Irom the
State oI Nevada to operate such a Iacility prior to the Special Use Permit being exercised
pursuant to LVMC 19.16.110.

The use will be subfect to this requirement if the Special Use Permit is approved and
prior to it being exercised.
SUP-55303
RTS

Staff Report Page Seven
September 23, 2014 - Special Planning Commission Meeting



The proposed use would be placed within a 12,000 square-Ioot standalone building located
within a developed industrial property located along West Mesquite Avenue. The subject site
Iacilitates the required parking Ior the proposed use. Other than the Minimum Special Use
Permit Requirements Iound within Title 19.12, there are no special development requirements
pertaining to the site. There are no other similar uses or protected uses within the required
distance separations. For these reasons, the proposed use is deemed compatible with the
surrounding uses; thereIore, staII recommends approval with conditions.


FINDINGS (SUP-55303)

In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must aIIirm the Iollowing:

1. The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.

The subject site complies with all minimum distance requirements as set Iorth by Title
19.12 and thereIore the use can be conducted in a compatible and harmonious manner with
the existing surrounding land uses and Iuture land uses as projected by the General Plan.

2. The subject site is physically suitable for the type and intensity of land use proposed.

The site contains three industrial buildings. This site contains adequate parking Ior all
uses, and the proposed use does not generate the need Ior any additional parking spaces
beyond what has been provided onsite.

3. Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.

The proposed Medical Marijuana Cultivation Facility use can be accessed Irom West
Mesquite Avenue, a 55-Ioot Local Collector, which has adequate capacity to serve the
proposed development.

4. Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.

The proposed Medical Marijuana Cultivation Facility use will be subject to regular City
and County inspections Ior licensing and will thereIore not compromise the public
health, saIety, and general welIare or any objective oI the General Plan.
SUP-55303
RTS

Staff Report Page Eight
September 23, 2014 - Special Planning Commission Meeting



5. The use meets all of the applicable conditions per Title 19.12.

The proposed Medical Marijuana Cultivation Facility use meets all distance separation
requirements per Title 19.12. Conditions oI approval will ensure conIormance with all
other minimum requirements Ior this use.



NEIGHBORHOOD ASSOCIATIONS NOTIFIED 26


NOTICES MAILED 111


APPROVALS 0


PROTESTS 0


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Agenda tem No.: 38.



AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING Consent Discussion

SUB1ECT:
SUP-55318 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: OVER THE
RAINBOW, LLC - OWNER: RAINBOW COMMERCIAL, LLC - For possible action on a
request Ior a Special Use Permit FOR A PROPOSED 5,039 SQUARE-FOOT MEDICAL
MARIJUANA DISPENSARY at 2300 North Rainbow Boulevard, Suites #118 through 122
(APN 138-23-110-041), C-1 (Limited Commercial) Zone, Ward 5 (Barlow). StaII recommends
APPROVAL.

C.C.: 10/28/2014

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:

Planning Commission Mtg. 1 Planning Commission Mtg. 0


City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
StaII recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and StaII Report
3. Supporting Documentation
4. Photos
5. JustiIication Letter
6. Protest Postcard


SUP-55318
PL

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: OVER THE RAINBOW, LLC - OWNER:
RAINBOW COMMERCIAL, LLC


`` STAFF RECOMMENDATION(S) ``

CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55318 StaII recommends APPROVAL, subject to conditions:

N/A


`` CONDITIONS ``


SbF-55318 CONDIIIONS

Planning

1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Medical
Marijuana Dispensary use.

2. No physician or medical person making recommendations Ior medical marijuana may be
located within a dispensary.

3. There shall be no on-premise consumption (the use, smoking, ingestion or consumption oI
any marijuana, edible marijuana or marijuana inIused product) on the licensed premises.

4. All development shall be in conIormance with the site plan, building and sign elevations
and Iloor plan, date stamped 08/04/14, except as amended by conditions herein. Any
modiIication oI the premises oI a medical marijuana establishment shall be Iiled 60 days in
advance oI any proposed construction. A Iull and complete copy oI all architectural and
building plans shall be Iiled with the Director Ior a review oI compliance with Title 6.95
and Title 19. The Director shall review the plans and approve any modiIications in
compliance with this chapter prior to the commencing oI any construction oI
modiIications.

5. This approval shall be void eighteen months Irom the date oI Iinal approval, unless
exercised pursuant upon the issuance oI a business license. An Extension oI Time may be
Iiled Ior consideration by the City oI Las Vegas.
SUP-55318
PL

Conditions Page Two
September 23, 2014 - Special Planning Commission Meeting



6. All necessary building permits shall be obtained and Iinal inspections shall be completed
in compliance with Title 19 and all codes as required by the Department oI Building and
SaIety.

7. Prior to the submittal oI a building permit application, the applicant shall meet with
Department oI Planning staII to develop a comprehensive address plan Ior the subject site.
A copy oI the approved address plan shall be submitted with any Iuture building permit
applications related to the site.

8. ConIormance to the associated Iinal recommendation oI the Downtown Design Review
Committee (DDRC) shall be required.

9. These Conditions oI Approval shall be aIIixed to the cover sheet oI any plan set submitted
Ior building permit, as well as submitted as part oI any business license application.

10. The presence oI minors on the premises oI a medical marijuana establishment is prohibited
unless the minor is a qualiIied patient on the premises oI a dispensary and is accompanied
by his or her parent or legal guardian.

11. Approval oI this Special Use Permit does not constitute approval oI a medical marijuana
Iacility license.

12. This business shall operate in conIormance to Chapter 6.95 oI the City oI Las Vegas
Municipal Code.

13. No temporary signs such as banners, pennants, inIlatable objects, streamers, Ilags, or other
similar attention gaining item or devices shall be displayed upon the subject property or a
vehicle displaying advertisement in the parking lot oI the subject property without the
appropriate permits.

14. This Special Use Permit shall be reviewed biennially concurrently with the associated
business license, at which time the City Council may require the termination oI the use.
The applicant shall be responsible Ior notiIication costs oI the review. Failure to pay the
City Ior these costs may result in a requirement that the Medical Marijuana Dispensary be
removed.

15. All medical marijuana products shall remain in the original manuIacturer's conIiguration
intended Ior oII-sale.

16. A Medical Marijuana Dispensary shall obtain all required approvals Irom the State oI
Nevada to operate such a Iacility prior to the Special Use Permit being exercised pursuant
to LVMC 19.16.110.
SUP-55318
PL

Conditions Page Three
September 23, 2014 - Special Planning Commission Meeting



17. ConIormance to all regulations pertaining to Medical Marijuana Establishment Iound
within Nevada Revised Statute 453A and Nevada Administrative Code NAC 453A.

18. All City Code requirements and design standards oI all City departments must be satisIied,
except as modiIied herein.


SUP-55318
PL
Staff Report Page One
September 23, 2014 - Special Planning Commission Meeting



`` STAFF REPORT ``



PRO1ECT DESCRIPTION

This application is a request Ior a Special Use Permit Ior a proposed Medical Marijuana
Dispensary to be located at 2300 North Rainbow Boulevard. The subject site complies with all
minimum distance requirements as set Iorth by Title 19.12 and thereIore the use can be
conducted in a compatible and harmonious manner with the existing surrounding land uses and
Iuture land uses as projected by the General Plan. As such, StaII recommends approval oI the
proposed use with standard conditions. II denied, no Medical Marijuana Dispensary would be
permitted to be established at this site.


ISSUES

The Medical Marijuana Dispensary use is permitted within a C-1 (Limited Commercial)
zoning district with the approval oI a Special Use Permit.
The subject building elevations and signage has been reviewed and approved subject to
conditions be the Downtown Design Review Committee (DDRC) on August 19
th
, 2014.
For the subject site to be eligible Ior a Medical Marijuana Establishment the subject site must
be in compliance with all minimum distance separation requirements, pursuant to Title 19.12,
as set Iorth by adopted Ordinance No. 6321.
Simultaneous reviews oI the business license application and the Special Use Permit
application were conducted. II either application Iailed to comply with their respective
requirements both applications would have been deemed incomplete and consequently
rejected.


BACKGROUND INFORMATION

Related Relevant City Actions by P&D, Fire, Bldg., etc
05/21/14
City Council approved Text Amendment (TXT-52502) to amend LVMC
Chapter 19.12 related to Permitted Uses and Chapter 19.18 related to
DeIinitions and Measures to add Medical Marijuana Dispensaries, Facilities
Ior the Production oI Edible Marijuana Products or Marijuana InIused
Products and Marijuana Cultivation Facilities as permissible uses by adding
zoning district applicability, descriptions and deIinitions Ior these activities as
they are contemplated by SB 374 oI the Nevada Revised Statues and to
provide Ior other related matters. Ordinance No. 6321.
SUP-55318
PL
Staff Report Page Two
September 23, 2014 - Special Planning Commission Meeting



06/04/14
City Council approved Text Amendment (TXT-52502) to amend Las Vegas
Municipal Code Title 6 to implement licensing regulations related to Iacilities
Ior the production oI edible marijuana products or marijuana-inIused
products, medical marijuana dispensaries, medical marijuana cultivation
Iacilities, and independent testing laboratories, collectively reIerred to as
medical marijuana establishments, in conIormance with the intent oI SB 374
oI the 2013 session oI the Nevada Legislature and to provide Ior other related
matters. Ordinance 6324.
08/19/14
The Downtown Design Review Committee approved subject to conditions the
building elevations and signage Ior the proposed Medical Marijuana
Dispensary.


Most Recent Change of Ownership
08/09/12 A deed was recorded Ior a change in ownership.


Pre-Application Work Croup
06/12/14
06/17/14
06/19/14
07/01/14
Multiple pre-application workgroup meetings were Iacilitated, in which
submittal requirements Ior the Iiling oI the Special Use Permit application, as
well as Business Licensing applications were reviewed and supplemental
handouts were given.


Field Check
07/31/14
A Iield inspection was conducted on the subject site and noted the site was
well maintained shopping center, as well as revealed that the proposed tenant
space is vacant.


Details of Application Request
Site Area
Net Acres 2.63


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property Shopping Center
SC (Service
Commercial)
C-1 (Limited
Commercial)
North
Convenience Store
Gas Station
SC (Service
Commercial)
C-1 (Limited
Commercial)
SUP-55318
PL
Staff Report Page Three
September 23, 2014 - Special Planning Commission Meeting



South
Liquor
Establishment
(Tavern)
SC (Service
Commercial)
C-1 (Limited
Commercial)
East
Single-Family
Residences
ML (Medium Low
Density Residential)
R-CL (Single Family
Compact-Lot)
West Shopping Center
SC (Service
Commercial)
C-1 (Limited
Commercial)


Master Plan Areas Compliance
No Applicable Master Plan Area N/A
Special Purpose and Overlay Districts Compliance
A-O (Airport Overlay) District 140 Feet Y
Other Plans or Special Requirements Compliance
Trails N
Las Vegas Redevelopment Plan Area N
Project oI SigniIicant Impact (Development Impact NotiIication Assessment) N
Project oI Regional SigniIicance N


DEVELOPMENT STANDARDS

Street Name
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Rainbow Boulevard Major Collector
Planned Streets and
Highways Map
80 Y


Pursuant to 1itle 19.8 and 19.12, the following parking standards apply:
Parking Requirement
Required Provided Compliance
Parking Parking
Use
Cross Floor
Area or
Number of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Shopping
Center*
26,000 SF 1/250 SF 104

TOTAL SPACES REQUIRED 104

154

Y
Regular and Handicap Spaces Required 99 5 148 6 Y
Loading
Spaces
2 Zero Y**
*The proposed use will be located within an established Shopping Center and its associated
parking calculation would be held to that oI the Shopping Center, pursuant to Title 19.12.070.
SUP-55318
PL

Staff Report Page Four
September 23, 2014 - Special Planning Commission Meeting



**Pursuant to Z-0146-89(7), the subject site was in conIormance with the development standards
at the time and has one way drive at the rear oI the building to Iacilitate loading and unloading,
while not detracting Irom the provided parking.

Wall Signs: [East Elevation]
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage 1 Y
Maximum Area 30 SF 25.5 SF Y
Maximum Height 2 Feet 1.5 Feet Y
Illumination
Internal
(Neon Prohibited)
N Y*
*Painted wall sign on the east building elevation.


ANALYSIS

The Medical Marijuana Dispensary use is deIined as 'An establishment which acquires,
possesses, delivers, transIers, transports, supplies, sells or dispenses marijuana or related supplies
and educational materials to the holder oI a valid registry identiIication card. This use includes a
'medical marijuana dispensary, as deIined in NRS 453A.115. The justiIication letter states,
the proposed 5,025 square-Ioot medical marijuana dispensary will operate during the hours oI
6AM and 10PM, daily. The Iloor plan illustrates a 2,039 square-Ioot Medical Marijuana
Dispensary with approximately 1,720 square Ieet oI waiting, queuing and transaction space. The
application has been noticed at the greater square-Iootage amount. Per the submitted justiIication
letter and Iloor plan, the proposed use meets the deIinition outlined above.

The Minimum Special Use Permit Requirements Ior this use include:

*1. Pursuant to its general authority to regulate the cultivation, production, dispensing
and sale oI medical marijuana, the City Council declares that the public health, saIety and
general welIare oI the City are best promoted and protected by generally requiring a
minimum separation between a medical marijuana dispensary and certain other uses that
should be protected Irom the impacts associated with a medical marijuana dispensary.
ThereIore, except as otherwise provided below, no medical marijuana dispensary may be
located within 1000 Ieet oI any school; or within 300 Ieet oI any individual care center
licensed Ior more than 12 children, community recreational Iacility (public), City park, or
church/house oI worship.

The proposed use meets this requirement, as there are no schools, within 1,000 feet of the
subfect property, as well as there are no individual care centers licensed for more than
12 children, community recreational facilities (public) or City parks or churches/houses
of worship within 300 feet of the subfect property.
SUP-55318
PL

Staff Report Page Five
September 23, 2014 - Special Planning Commission Meeting



* 2. The distance separation reIerred to in Requirement 1 shall be measured with
reIerence to the shortest distance between two property lines, one being the property line
oI the proposed medical marijuana dispensary which is closest to the existing use to
which the measurement pertains, and the other being the property line oI that existing use
which is closest to the proposed medical marijuana dispensary. The distance shall be
measured in a straight line without regard to intervening obstacles.

The proposed use meets this requirement, measurement is taken from the property line of
Part of Lot 2, Lots 3 through 5 and Part of Lots 6 and 7 of Book 002, Page 3 (Artesian
Belt Acres Tract), located on the eastern alignment of Rainbow Boulevard between
Bal:ar Avenue and Smoke Ranch Road.

* 3. For the purpose oI Requirement 2, and Ior that purpose only:
a. The 'property line oI a protected use reIers to the property line oI a Iee interest
parcel that has been created by an approved and recorded parcel map or
subdivision map, and does not include the property line oI a leasehold parcel; and
b. The 'property line oI a medical marijuana dispensary reIers to:
i. The property line oI a parcel that has been created by an approved and
recorded parcel map or commercial subdivision map; or
ii. The property line oI a parcel that is located within an approved and
recorded commercial subdivision and that has been created by a record oI
survey or legal description, iI:
A. Using the property line oI that parcel Ior the purpose oI
measuring the distance separation reIerred to in Requirement 1
would qualiIy the parcel under the distance separation requirement;
B. The proposed medical marijuana dispensary will have direct
access (both ingress and egress) Irom a street having a minimum
right-oI-way width oI 100 Ieet. The required access may be shared
with a larger development but must be located within the property
lines oI the parcel on which the proposed medical marijuana
dispensary will be located;
C. All parking spaces required by this Section 19.12.070 Ior the
medical marijuana dispensary use will be located on the same
parcel as the use; and
D. The owners oI all parcels within the commercial subdivision,
including the owner oI agreement, satisIactory to the City
Attorney, that provides Ior perpetual, reciprocal cross-access,
ingress and egress throughout the commercial subdivision.

The subfect site is an existing commercial development and did not require the creation
of a separate parcel to meet the distance separation requirements. As such, subsection
b.ii is not applicable and the site is in conformance with this requirement.
SUP-55318
PL

Staff Report Page Six
September 23, 2014 - Special Planning Commission Meeting



*4. The use shall conIorm to, and is subject to, the provisions oI LVMC Title 6, as such
provisions may be presently adopted or hereaIter amended.

The use complies and will be subfect to this requirement.

*5. No outside storage shall be permitted, including the use oI shipping containers Ior on-
site storage.

The proposed use meets this requirement as no outside storage, including shipping
containers has been denoted within the submitted site plan.

*6. Subject to the requirements oI applicable building and Iire codes, public access to the
building shall be Irom one point oI entry and exit, with no other access to the interior oI
the building permitted.

The submitted floor plan indicates only one public access point to the proposed Medical
Marifuana Dispensary.

*7. No drive-through Iacilities shall be permitted in conjunction with a medical marijuana
dispensary.

The proposed use complies with this requirement as the submitted site plan illustrates no
drive-through facilities as part of the subfect site.

*8. Signage Ior the establishment shall be limited to one wall sign per street Irontage, the
Iace oI the sign not to exceed thirty square Ieet in area and not to exceed two Ieet in
height. Such a sign shall be internally illuminated, with the use oI neon prohibited.

The proposed use complies with this requirement as the submitted building and sign
elevations illustrate the location and si:e of one 25.5 square-foot painted wall sign per
street frontage.

*9. The Special Use Permit shall be void without Iurther action iI the uses ceases Ior a
period exceeding 90 days.

The use will be subfect to this requirement if the Special Use Permit is approved and
exercised.

*10. A medical marijuana dispensary shall obtain all required approvals Irom the State oI
Nevada to operate such a Iacility prior to the Special Use Permit being exercised pursuant
to LVMC 19.16.110.

The use will be subfect to this requirement if the Special Use Permit is approved and
prior to it being exercised.
SUP-55318
PL

Staff Report Page Seven
September 23, 2014 - Special Planning Commission Meeting



*11. Elevations and signage must Iirst be reviewed by the Downtown Design Review
Committee established pursuant to LVMC 19.10.100(D)(1) prior to any public hearing
Ior a Special Use Permit. The review will be perIormed in accordance with the
procedures set Iorth in LVMC 19.10.100(D), as in the case oI reviews normally
perIormed by that Committee, but measuring compliance instead with the substantive
standards Ior elevations and signage pertaining to dispensaries that are set Iorth in this
Title or that have been established administratively by the Director.

The proposed building elevations and signage were reviewed and approved subfect to
conditions by the Downtown Design Review Committee (DDRC) on August 19th, 2014.

*12. No medical marijuana dispensary shall be located on any property which abuts
Fremont Street west oI 8th Street.

The use complies with this requirement as the subfect site does not abut Fremont Street,
west of 8
th
Street.

*13. No accessory uses are permitted in association with a medical marijuana dispensary.

The use will be subfect to this requirement if the Special Use Permit is approved and will
remain in effect the duration the use is active.

The proposed use would be placed within a 5,039 square-Ioot tenant space located within a
Commercial Shopping Center located along Rainbow Boulevard. The subject site Iacilitates the
required parking Ior the proposed use. Other than the Minimum Special Use Permit
Requirements Iound within Title 19.12, there are no special development requirements
pertaining to the site. There are no other similar uses or protected uses within the required
distance separations. For these reasons, the proposed use is deemed compatible with the
surrounding uses; thereIore, staII recommends approval with conditions.


FINDINGS (SUP-55318)

In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must aIIirm the Iollowing:

1. The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.

The subject site complies with all minimum distance requirements as set Iorth by Title
19.12 and thereIore the use can be conducted in a compatible and harmonious manner with
the existing surrounding land uses and Iuture land uses as projected by the General Plan.
SUP-55318
PL

Staff Report Page Eight
September 23, 2014 - Special Planning Commission Meeting



2. The subject site is physically suitable for the type and intensity of land use proposed.

The site contains a 26,000 square-Ioot Commercial Shopping Center. This site contains
adequate parking Ior the existing uses, and the proposed use does not generate the need
Ior any additional parking spaces beyond what has been provided onsite.

3. Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.

The proposed Medical Marijuana Dispensary can be accessed Irom Rainbow
Boulevard, an 80-Ioot Major Collector, as depicted on the Master Plan oI Streets and
Highway that has adequate capacity to serve the proposed development.

4. Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.

The proposed Medical Marijuana Dispensary use will be subject to regular City and
County inspections Ior licensing and will thereIore not compromise the public health,
saIety, and general welIare or any objective oI the General Plan.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Medical Marijuana Dispensary use meets all distance separation
requirements per Title 19.12. Conditions oI approval will ensure conIormance with all
other minimum requirements Ior this use.



NEIGHBORHOOD ASSOCIATIONS NOTIFIED 16


NOTICES MAILED 812


APPROVALS 0


PROTESTS 1

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Agenda tem No.: 39.



AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING Consent Discussion

SUB1ECT:
SUP-55319 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: CANNABIS
RENAISSANCE GROUP, LLC - OWNER: AIDA C. AND HIRAM H. SEDANO - For possible
action on a request Ior a Special Use Permit FOR A PROPOSED 2,056 SQUARE-FOOT
MEDICAL MARIJUANA DISPENSARY at 2706 Highland Drive (APN 162-09-211-008), M
(Industrial) Zone, Ward 1 (Tarkanian). StaII recommends APPROVAL.

C.C.: 10/28/2014

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:

Planning Commission Mtg. 0 Planning Commission Mtg. 0


City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
StaII recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and StaII Report
3. Supporting Documentation
4. Photos
5. JustiIication Letter


SUP-55319
SG

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: CANNABIS RENAISSANCE GROUP, LLC -
OWNER: AIDA C. AND HIRAM H. SEDANO


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55319 StaII recommends APPROVAL, subject to conditions:

N/A


`` CONDITIONS ``


SbF-5531 CONDIIIONS

Planning

1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Medical
Marijuana Production Facility.

2. An air Iiltration system to be designed by a Nevada licensed engineer shall be provided
prior to the issuance oI a certiIicate oI occupancy.

3. ConIormance to the associated Iinal recommendation oI the Downtown Design Review
Committee (DDRC) shall be required.

4. No physician or medical person making recommendations Ior medical marijuana may be
located within a dispensary.

5. There shall be no on-premise consumption (the use, smoking, ingestion or consumption oI
any marijuana, edible marijuana or marijuana inIused product) on the licensed premises.

6. All development shall be in conIormance with the site plan and elevations, date stamped
08/04/14, and the Iloor plan, date stamped 07/23/14, except as amended by conditions
herein. Any modiIication oI the premises oI a medical marijuana establishment shall be
Iiled 60 days in advance oI any proposed construction. A Iull and complete copy oI all
architectural and building plans shall be Iiled with the Director Ior a review oI compliance
with Title 6.95 and Title 19. The Director shall review the plans and approve any
modiIications in compliance with this chapter prior to the commencing oI any construction
oI modiIications.
SUP-55319
SG
Conditions Page Two
September 23, 2014 - Special Planning Commission Meeting



7. This approval shall be void eighteen months Irom the date oI Iinal approval, unless
exercised pursuant upon the issuance oI a business license. An Extension oI Time may be
Iiled Ior consideration by the City oI Las Vegas.

8. All necessary building permits shall be obtained and Iinal inspections shall be completed
in compliance with Title 19 and all codes as required by the Department oI Building and
SaIety.

9. These Conditions oI Approval shall be aIIixed to the cover sheet oI any plan set submitted
Ior building permit, as well as submitted as part oI any business license application.

10. The presence oI minors on the premises oI a medical marijuana establishment is prohibited
unless the minor is a qualiIied patient on the premises oI a dispensary and is accompanied
by his or her parent or legal guardian.

11. Approval oI this Special Use Permit does not constitute approval oI a medical marijuana
Iacility license.

12. This business shall operate in conIormance to Chapter 6.95 oI the City oI Las Vegas
Municipal Code.

13. No temporary signs such as banners, pennants, inIlatable objects, streamers, Ilags, or other
similar attention gaining item or devices shall be displayed upon the subject property or a
vehicle displaying advertisement in the parking lot oI the subject property without the
appropriate permits.

14. This Special Use Permit shall be reviewed biennially concurrently with the associated
business license, at which time the City Council may require the termination oI the use.
The applicant shall be responsible Ior notiIication costs oI the review. Failure to pay the
City Ior these costs may result in a requirement that the Medical Marijuana Dispensary be
removed.

15. All medical marijuana products shall remain in the original manuIacturer's conIiguration
intended Ior oII-sale.

16. A Medical Marijuana Dispensary shall obtain all required approvals Irom the State oI
Nevada to operate such a Iacility prior to the Special Use Permit being exercised pursuant
to LVMC 19.16.110.

17. ConIormance to all regulations pertaining to Medical Marijuana Establishment Iound
within Nevada Revised Statute 453A and Nevada Administrative Code NAC 453A.

18. All City Code requirements and design standards oI all City departments must be satisIied,
except as modiIied herein.

SUP-55319
SG
Staff Report Page One
September 23, 2014 - Special Planning Commission Meeting



`` STAFF REPORT ``



PRO1ECT DESCRIPTION

This application is a request Ior a Special Use Permit Ior a proposed Medical Marijuana
Dispensary to be located at 2706 Highland Drive. The subject site complies with all minimum
distance requirements as set Iorth by Title 19.12 and thereIore the use can be conducted in a
compatible and harmonious manner with the existing surrounding land uses and Iuture land uses
as projected by the General Plan. As such, StaII recommends approval oI the proposed use with
standard conditions. II denied, no Medical Marijuana Dispensary would be permitted to be
established at this site.


ISSUES

The Medical Marijuana Dispensary use is permitted within an M (Industrial) zoning district
with the approval oI a Special Use Permit.
The subject building elevations and signage have been reviewed and approved subject to
amended conditions by the Downtown Design Review Committee (DDRC) on August 19
th
,
2014.
For the subject site to be eligible Ior a Medical Marijuana Dispensary the subject site must be
in compliance with all minimum distance separation requirements, pursuant to Title 19.12, as
set Iorth by adopted Ordinance No. 6321.
Simultaneous reviews oI the business license application and the Special Use Permit
application were conducted. II either application Iailed to comply with their respective
requirements both applications would have been deemed incomplete and consequently
rejected.


BACKGROUND INFORMATION

Related Relevant City Actions by P&D, Fire, Bldg., etc
05/21/14
City Council approved Text Amendment (TXT-52502) to amend LVMC
Chapter 19.12 related to Permitted Uses and Chapter 19.18 related to
DeIinitions and Measures to add Medical Marijuana Dispensaries, Facilities
Ior the Production oI Edible Marijuana Products or Marijuana InIused
Products and Marijuana Cultivation Facilities as permissible uses by adding
zoning district applicability, descriptions and deIinitions Ior these activities as
they are contemplated by SB 374 oI the Nevada Revised Statues and to
provide Ior other related matters. Ordinance No. 6321.

SUP-55319
SG

Staff Report Page Two
September 23, 2014 - Special Planning Commission Meeting



06/04/14
City Council approved Text Amendment (TXT-52502) to amend Las Vegas
Municipal Code Title 6 to implement licensing regulations related to Iacilities
Ior the production oI edible marijuana products or marijuana-inIused
products, medical marijuana dispensaries, medical marijuana cultivation
Iacilities, and independent testing laboratories, collectively reIerred to as
medical marijuana establishments, in conIormance with the intent oI SB 374
oI the 2013 session oI the Nevada Legislature and to provide Ior other related
matters. Ordinance 6324.
08/19/14
The Downtown Design Review Committee approved the building elevations
and signage Ior the proposed Medical Marijuana Dispensary.


Most Recent Change of Ownership
08/01/02 A deed was recorded Ior a change in ownership.


Pre-Application Work Croup
06/19/14

The applicant attended a pre-application workgroup meeting, in which
submittal requirements Ior the Iiling oI the Special Use Permit application, as
well as Business Licensing applications were reviewed and supplemental
handouts were given.


Field Check
07/31/14
A Iield check oI the subject site was conducted by staII. The site is clean and
well maintained.


Details of Application Request
Site Area
Net Acres 0.13


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property
Industrial Park
(Various uses)
LI/R (Light
Industry/Research)
M (Industrial)
North
OIIice, General
Retail, Storage Yard
LI/R (Light
Industry/Research)
M (Industrial)
South OIIice and Industrial
LI/R (Light
Industry/Research)
M (Industrial)
East ROW (UP Railroad) ROW (UP Railroad) ROW (UP Railroad)
SUP-55319
SG
West General Retail C (Commercial) M (Industrial)
Staff Report Page Three
September 23, 2014 - Special Planning Commission Meeting



Master Plan Areas Compliance
Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Overlay District (Industrial Corridor District) Y
A-O (Airport Overlay) District (175 Feet) Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area Y
Project oI SigniIicant Impact (Development Impact NotiIication Assessment) N/A
Project oI Regional SigniIicance Y


DEVELOPMENT STANDARDS

Street Name
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Highland Drive Major Collector
Planned Streets and
Highways Map
80 Y


Pursuant to 1itle 19.8 and 19.12, the following parking standards apply:
Parking Requirement
Required Provided Compliance
Parking Parking
Use
Cross Floor
Area or
Number of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Shopping
Center
67,000 1/250 SF 268

TOTAL SPACES REQUIRED 268

76

N*
Regular and Handicap Spaces Required 261 7 73 3 N*
Loading
Spaces
4 3 N*
*The existing site is parking impaired by 192 spaces. Projects located within the Las Vegas
Downtown Centennial Plan area are not subject to the automatic application oI parking
requirements. However, the above table should be used to illustrate the requirements oI an
analogous project in another location in the City.

SUP-55319
SG

Staff Report Page Four
September 23, 2014 - Special Planning Commission Meeting



Wall Signs: Per Ordinance 6321
Standards Allowed Provided
Maximum Number 1 per Street Frontage 4
Maximum Area 30 SF 30
Maximum Height 2 Feet 2
Illumination
Internal
(Neon Prohibited)
Internal (Fluorescent)


ANALYSIS

The Medical Marijuana Dispensary use is deIined as 'An establishment which acquires,
possesses, delivers, transIers, transports, supplies, sells or dispenses marijuana or related supplies
and educational materials to the holder oI a valid registry identiIication card. This use includes a
'medical marijuana dispensary, as deIined in NRS 453A.115. The justiIication letter states
that the Iacility will test and distribute medicinal marijuana products. It will also oIIer Iree
educational literature on various topics related to medical cannabis research, pain and stress
management and holistic approaches to health and wellness. Hours oI operation are noted as
being between 10:00 am and 7:00 pm. The Iloor plan illustrates a 2,056 square-Ioot Medical
Marijuana Dispensary within a separate suite in a 6,000 square-Ioot stand-alone building. The
dispensary will have 1,219 square Ieet oI waiting, queuing and transaction space. Per the
submitted justiIication letter and Iloor plan, the proposed use meets the deIinition outlined above.

The Minimum Special Use Permit Requirements Ior this use include:

*1. Pursuant to its general authority to regulate the cultivation, production, dispensing
and sale oI medical marijuana, the City Council declares that the public health, saIety and
general welIare oI the City are best promoted and protected by generally requiring a
minimum separation between a medical marijuana dispensary and certain other uses that
should be protected Irom the impacts associated with a medical marijuana dispensary.
ThereIore, except as otherwise provided below, no medical marijuana dispensary may be
located within 1000 Ieet oI any school; or within 300 Ieet oI any individual care center
licensed Ior more than 12 children, community recreational Iacility (public), City park, or
church/house oI worship.

The proposed use meets this requirement, as there are no schools, within 1,000 feet of the
subfect property, as well as there are no individual care centers licensed for more than
12 children, community recreational facilities (public) or City parks or churches/houses
of worship within 300 feet of the subfect property.
SUP-55319
SG

Staff Report Page Five
September 23, 2014 - Special Planning Commission Meeting



* 2. The distance separation reIerred to in Requirement 1 shall be measured with
reIerence to the shortest distance between two property lines, one being the property line
oI the proposed medical marijuana dispensary which is closest to the existing use to
which the measurement pertains, and the other being the property line oI that existing use
which is closest to the proposed medical marijuana dispensary. The distance shall be
measured in a straight line without regard to intervening obstacles.

The proposed use meets this requirement, measurement is taken from the property line of
Lot 7 of Presidio Industrial Pla:a, as shown by map thereof on file in Book 36 of Plats,
Page 3.

* 3. For the purpose oI Requirement 2, and Ior that purpose only:
a. The 'property line oI a protected use reIers to the property line oI a Iee interest
parcel that has been created by an approved and recorded parcel map or
subdivision map, and does not include the property line oI a leasehold parcel; and
b. The 'property line oI a medical marijuana dispensary reIers to:
i. The property line oI a parcel that has been created by an approved and
recorded parcel map or commercial subdivision map; or
ii. The property line oI a parcel that is located within an approved and
recorded commercial subdivision and that has been created by a record oI
survey or legal description, iI:
A. Using the property line oI that parcel Ior the purpose oI
measuring the distance separation reIerred to in Requirement 1
would qualiIy the parcel under the distance separation requirement;
B. The proposed medical marijuana dispensary will have direct
access (both ingress and egress) Irom a street having a minimum
right-oI-way width oI 100 Ieet. The required access may be shared
with a larger development but must be located within the property
lines oI the parcel on which the proposed medical marijuana
dispensary will be located;
C. All parking spaces required by this Section 19.12.070 Ior the
medical marijuana dispensary use will be located on the same
parcel as the use; and
D. The owners oI all parcels within the commercial subdivision,
including the owner oI agreement, satisIactory to the City
Attorney, that provides Ior perpetual, reciprocal cross-access,
ingress and egress throughout the commercial subdivision.

The subfect site is an existing commercial development and did not require the creation
of a separate parcel to meet the distance separation requirements. As such, subsection
b.ii is not applicable and the site is in conformance with this requirement.
SUP-55319
SG

Staff Report Page Six
September 23, 2014 - Special Planning Commission Meeting



*4. The use shall conIorm to, and is subject to, the provisions oI LVMC Title 6, as such
provisions may be presently adopted or hereaIter amended.

The use complies and will be subfect to this requirement.

*5. No outside storage shall be permitted, including the use oI shipping containers Ior on-
site storage.

The proposed use meets this requirement as no outside storage, including shipping
containers has been denoted within the submitted site plan.

*6. Subject to the requirements oI applicable building and Iire codes, public access to the
building shall be Irom one point oI entry and exit, with no other access to the interior oI
the building permitted.

The submitted floor plan indicates only one public access point to the proposed Medical
Marifuana Dispensary.

*7. No drive-through Iacilities shall be permitted in conjunction with a medical marijuana
dispensary.

The proposed use complies with this requirement as the submitted site plan illustrates no
drive-through facilities as part of the subfect site.

*8. Signage Ior the establishment shall be limited to one wall sign per street Irontage, the
Iace oI the sign not to exceed thirty square Ieet in area and not to exceed two Ieet in
height. Such a sign shall be internally illuminated, with the use oI neon prohibited.

The elevations depict signage on all four elevations where only one sign is permitted per
street frontage. At the Downtown Design Review Committee (DDRC) meeting of
08/19/14, the internally illuminated 2-foot by 15-foot wall sign on the west elevation (the
elevation with street frontage) was approved. The signage on the other three elevations
was denied as not in compliance. Condition of Approval =3 of this Special Use Permit
requires compliance with the associated DDRC approval.

*9. The Special Use Permit shall be void without Iurther action iI the uses ceases Ior a
period exceeding 90 days.

The use will be subfect to this requirement if the Special Use Permit is approved and
exercised.
SUP-55319
SG

Staff Report Page Seven
September 23, 2014 - Special Planning Commission Meeting



*10. A medical marijuana dispensary shall obtain all required approvals Irom the State oI
Nevada to operate such a Iacility prior to the Special Use Permit being exercised pursuant
to LVMC 19.16.110.

The use will be subfect to this requirement if the Special Use Permit is approved and
prior to it being exercised.

*11. Elevations and signage must Iirst be reviewed by the Downtown Design Review
Committee established pursuant to LVMC 19.10.100(D)(1) prior to any public hearing
Ior a Special Use Permit. The review will be perIormed in accordance with the
procedures set Iorth in LVMC 19.10.100(D), as in the case oI reviews normally
perIormed by that Committee, but measuring compliance instead with the substantive
standards Ior elevations and signage pertaining to dispensaries that are set Iorth in this
Title or that have been established administratively by the Director.

The proposed building elevations and signage were reviewed and approved by the
Downtown Design Review Committee (DDRC) on August 19th, 2014.

*12. No medical marijuana dispensary shall be located on any property which abuts
Fremont Street west oI 8th Street.

The use complies with this requirement as the subfect site does not abut Fremont Street,
west of 8
th
Street.

*13. No accessory uses are permitted in association with a medical marijuana dispensary.

The use will be subfect to this requirement if the Special Use Permit is approved and will
remain in effect the duration the use is active.


The proposed use would be placed within a separate 2,056 square-Ioot suite within a 6,000
square-Ioot stand-alone building located within a Commercial Subdivision located along
Highland Drive. The subject site Iacilitates the required parking Ior the proposed use. Other than
the Minimum Special Use Permit Requirements Iound within Title 19.12, there are no special
development requirements pertaining to the site. There are no other similar uses or protected uses
within the required distance separations. For these reasons, the proposed use is deemed
compatible with the surrounding uses; thereIore, staII recommends approval with conditions.

SUP-55319
SG

Staff Report Page Eight
September 23, 2014 - Special Planning Commission Meeting



FINDINGS (SUP-55319)

In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must aIIirm the Iollowing:

1. The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.

The subject site complies with all minimum distance requirements as set Iorth by Title
19.12 and thereIore the use can be conducted in a compatible and harmonious manner with
the existing surrounding land uses and Iuture land uses as projected by the General Plan.

2. The subject site is physically suitable for the type and intensity of land use proposed.

The site contains a Shopping Center. This site contains adequate parking Ior the
various uses at the site, and the proposed use does not generate the need Ior any
additional parking spaces beyond what has been provided onsite.

3. Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.

The proposed Medical Marijuana Production Facility can be accessed Irom Highland
Drive, an 80-Ioot Major Collector, that has adequate capacity to serve the proposed
development.

4. Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.

The proposed Medical Marijuana Dispensary use will be subject to regular City and
County inspections Ior licensing and will thereIore not compromise the public health,
saIety, and general welIare or any objective oI the General Plan.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Medical Marijuana Dispensary use meets all distance separation
requirements per Title 19.12. Conditions oI approval will ensure conIormance with all
other minimum requirements Ior this use.

SUP-55319
SG

Staff Report Page Nine
September 23, 2014 - Special Planning Commission Meeting



NEIGHBORHOOD ASSOCIATIONS NOTIFIED 26


NOTICES MAILED 69


APPROVALS 0


PROTESTS 0

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Agenda tem No.: 40.



AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING Consent Discussion

SUB1ECT:
SUP-55320 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: CANNABIS
RENAISSANCE GROUP, LLC - OWNER: AIDA C. AND HIRAM H. SEDANO - For possible
action on a request Ior a Special Use Permit FOR A PROPOSED 3,702 SQUARE-FOOT
MEDICAL MARIJUANA PRODUCTION FACILITY at 2706 Highland Drive (APN 162-09-
211-008), M (Industrial) Zone, Ward 1 (Tarkanian). StaII recommends APPROVAL.

C.C.: 10/28/2014

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:

Planning Commission Mtg. 0 Planning Commission Mtg. 0


City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
StaII recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and StaII Report
3. Supporting Documentation
4. Photos
5. JustiIication Letter


SUP-55320
SG

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: CANNABIS RENAISSANCE GROUP, LLC -
OWNER: AIDA C. AND HIRAM H. SEDANO


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55320 StaII recommends APPROVAL, subject to conditions:

N/A


`` CONDITIONS ``


SbF-55320 CONDIIIONS


Planning

1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Medical
Marijuana Production Facility.

2. An air Iiltration system to be designed by a Nevada licensed engineer shall be provided
prior to the issuance oI a certiIicate oI occupancy.

3. Coordinate with the Environmental Compliance Section oI the Department oI Public
Works to determine appropriate pretreatment procedures, iI any, required Ior industrial
eIIluent Irom this Iacility prior to occupancy oI this site or a business license Ior this use.
Comply with the recommendations oI the Environmental Compliance Section. The
Section may be contacted through John Solvie, 702-229-6547 or email at
jsolvielasvegasnevada.gov.

4. A production Iacility may not use combustible solvents or gases to produce extracts Ior the
sale to city licensed dispensaries.

5. There shall be no on-premise consumption (the use, smoking, ingestion or consumption oI
any marijuana, edible marijuana or marijuana inIused product) on the licensed premises.
SUP-55320
SG

Conditions Page Two
September 23, 2014 - Special Planning Commission Meeting



6. All development shall be in conIormance with the site plan and elevations, date stamped
08/04/14, and the Iloor plan, date stamped 07/23/14, except as amended by conditions
herein. Any modiIication oI the premises oI a medical marijuana establishment shall be
Iiled 60 days in advance oI any proposed construction. A Iull and complete copy oI all
architectural and building plans shall be Iiled with the Director Ior a review oI compliance
with Title 6.95 and Title 19. The Director shall review the plans and approve any
modiIications in compliance with this chapter prior to the commencing oI any construction
oI modiIications.

7. This approval shall be void eighteen months Irom the date oI Iinal approval, unless
exercised pursuant upon the issuance oI a business license. An Extension oI Time may be
Iiled Ior consideration by the City oI Las Vegas.

8. All necessary building permits shall be obtained and Iinal inspections shall be completed
in compliance with Title 19 and all codes as required by the Department oI Building and
SaIety.

9. These Conditions oI Approval shall be aIIixed to the cover sheet oI any plan set submitted
Ior building permit, as well as submitted as part oI any business license application.

10. The presence oI minors on the premises oI a medical marijuana establishment is prohibited
unless the minor is a qualiIied patient on the premises oI a dispensary and is accompanied
by his or her parent or legal guardian.

11. Approval oI this Special Use Permit does not constitute approval oI a medical marijuana
Iacility license.

12. This business shall operate in conIormance to Chapter 6.95 oI the City oI Las Vegas
Municipal Code.

13. No temporary signs such as banners, pennants, inIlatable objects, streamers, Ilags, or other
similar attention gaining item or devices shall be displayed upon the subject property or a
vehicle displaying advertisement in the parking lot oI the subject property without the
appropriate permits.

14. This Special Use Permit shall be reviewed biennially concurrently with the associated
business license, at which time the City Council may require the termination oI the use.
The applicant shall be responsible Ior notiIication costs oI the review. Failure to pay the
City Ior these costs may result in a requirement that the Medical Marijuana Production
Facility be removed.

15. All medical marijuana products shall remain in the original manuIacturer's conIiguration
intended Ior oII-sale.
SUP-55320
SG

Conditions Page Three
September 23, 2014 - Special Planning Commission Meeting



16. A Medical Marijuana Production Facility shall obtain all required approvals Irom the State
oI Nevada to operate such a Iacility prior to the Special Use Permit being exercised
pursuant to LVMC 19.16.110.

17. ConIormance to all regulations pertaining to Medical Marijuana Establishment Iound
within Nevada Revised Statute 453A and Nevada Administrative Code NAC 453A.

18. All City Code requirements and design standards oI all City departments must be satisIied,
except as modiIied herein.

SUP-55320
SG

Staff Report Page One
September 23, 2014 - Special Planning Commission Meeting



`` STAFF REPORT ``



PRO1ECT DESCRIPTION

This application is a request Ior a Special Use Permit Ior a proposed Medical Marijuana
Production Facility to be located at 2706 Highland Drive. The subject site complies with all
minimum distance requirements as set Iorth by Title 19.12 and thereIore the use can be
conducted in a compatible and harmonious manner with the existing surrounding land uses and
Iuture land uses as projected by the General Plan. As such, StaII recommends approval oI the
proposed use with standard conditions. II denied, no Medical Marijuana Production Facility
would be permitted to be established at this site.


ISSUES

The Medical Marijuana Production Facility is permitted within an M (Industrial) zoning
district with the approval oI a Special Use Permit.
For the subject site to be eligible Ior a Medical Marijuana Production Facility the subject site
must be in compliance with all minimum distance separation requirements, pursuant to Title
19.12, as set Iorth by adopted Ordinance No. 6321.
Simultaneous reviews oI the business license application and the Special Use Permit
application were conducted. II either application Iailed to comply with their respective
requirements both applications would have been deemed incomplete and consequently
rejected.


BACKGROUND INFORMATION

Related Relevant City Actions by P&D, Fire, Bldg., etc
05/21/14
City Council approved Text Amendment (TXT-52502) to amend LVMC
Chapter 19.12 related to Permitted Uses and Chapter 19.18 related to
DeIinitions and Measures to add Medical Marijuana Dispensaries, Facilities
Ior the Production oI Edible Marijuana Products or Marijuana InIused
Products and Marijuana Cultivation Facilities as permissible uses by adding
zoning district applicability, descriptions and deIinitions Ior these activities as
they are contemplated by SB 374 oI the Nevada Revised Statues and to
provide Ior other related matters. Ordinance No. 6321.

SUP-55320
SG

Staff Report Page Two
September 23, 2014 - Special Planning Commission Meeting



06/04/14
City Council approved Text Amendment (TXT-52502) to amend Las Vegas
Municipal Code Title 6 to implement licensing regulations related to Iacilities
Ior the production oI edible marijuana products or marijuana-inIused
products, medical marijuana dispensaries, medical marijuana cultivation
Iacilities, and independent testing laboratories, collectively reIerred to as
medical marijuana establishments, in conIormance with the intent oI SB 374
oI the 2013 session oI the Nevada Legislature and to provide Ior other related
matters. Ordinance 6324.


Most Recent Change of Ownership
08/01/02 A deed was recorded Ior a change in ownership.


Pre-Application Work Croup
06/19/14

The applicant attended a pre-application workgroup meeting, in which
submittal requirements Ior the Iiling oI the Special Use Permit application, as
well as Business Licensing applications were reviewed and supplemental
handouts were given.


Field Check
07/31/14
A Iield check oI the subject site was conducted by staII. The site is clean and
well maintained.


Details of Application Request
Site Area
Net Acres 0.13


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property
Industrial Park
(Various uses)
LI/R (Light
Industry/Research)
M (Industrial)
North
OIIice, General
Retail, Storage Yard
LI/R (Light
Industry/Research)
M (Industrial)
South OIIice and Industrial
LI/R (Light
Industry/Research)
M (Industrial)
East ROW (UP Railroad) ROW (UP Railroad) ROW (UP Railroad)
West General Retail C (Commercial) M (Industrial)

SUP-55320
SG

Staff Report Page Three
September 23, 2014 - Special Planning Commission Meeting



Master Plan Areas Compliance
Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Overlay District (Industrial Corridor District) Y
A-O (Airport Overlay) District (175 Feet) Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area Y
Project oI SigniIicant Impact (Development Impact NotiIication Assessment) N/A
Project oI Regional SigniIicance Y


DEVELOPMENT STANDARDS

Street Name
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Highland Drive Major Collector
Planned Streets and
Highways Map
80 Y


Pursuant to 1itle 19.8 and 19.12, the following parking standards apply:
Parking Requirement
Required Provided Compliance
Parking Parking
Use
Cross Floor
Area or
Number of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Shopping
Center
67,000 1/250 SF 268

TOTAL SPACES REQUIRED 268

76

N*
Regular and Handicap Spaces Required 261 7 73 3 N*
Loading
Spaces
4 3 N*
*The existing site is parking impaired by 192 spaces. Projects located within the Las Vegas
Downtown Centennial Plan area are not subject to the automatic application oI parking
requirements. However, the above table should be used to illustrate the requirements oI an
analogous project in another location in the City.
SUP-55320
SG

Staff Report Page Four
September 23, 2014 - Special Planning Commission Meeting



ANALYSIS

The Medical Marijuana Production Facility use is deIined as 'A Iully stand-alone detached
enclosed structure which acquires, possesses, manuIactures, delivers, transIers, transports,
supplies or sells edible marijuana products or marijuana-inIused products to medical marijuana
dispensaries. This use includes a 'Iacility Ior the production oI edible marijuana products or
marijuana-inIused products, as deIined in NRS 453A.105. The justiIication letter states that the
Iacility will produce enough edibles and concentrates to sustain the demand at a dispensary.
Hours oI operation are noted as being between 8:00 am and 10:00 pm. The Iloor plan illustrates
a 3,702 square-Ioot Medical Marijuana Production Facility within a separate suite in a 6,000
square-Ioot stand-alone building. Per the submitted justiIication letter and Iloor plan, the
proposed use meets the deIinition outlined above.

The Minimum Special Use Permit Requirements Ior this use include:

*1. Pursuant to its general authority to regulate the cultivation, production, dispensing
and sale oI medical marijuana, the City Council declares that the public health, saIety and
general welIare oI the City are best promoted and protected by generally requiring a
minimum separation between a medical marijuana production Iacility and certain other
uses that should be protected Irom the impacts associated with a medical marijuana
production Iacility. ThereIore, except as otherwise provided below, no medical marijuana
production Iacility may be located within 1000 Ieet oI any school; or within 300 Ieet oI
any individual care center licensed Ior more than 12 children, community recreational
Iacility (public), City park, or church/house oI worship.

The proposed use meets this requirement, as there are no schools, within 1,000 feet of the
subfect property, as well as there are no individual care centers licensed for more than
12 children, community recreational facilities (public) or City parks or churches/houses
of worship within 300 feet of the subfect property.

*2. The distance separation reIerred to in Requirement 1 shall be measured with reIerence
to the shortest distance between two property lines, one being the property line oI the
proposed medical marijuana production Iacility which is closest to the existing use to
which the measurement pertains, and the other being the property line oI that existing use
which is closest to the proposed medical marijuana production Iacility. The distance shall
be measured in a straight line without regard to intervening obstacles.

The proposed use meets this requirement, measurement is taken from the property line of
Lot 7 of Presidio Industrial Pla:a, as shown by map thereof on file in Book 36 of Plats,
Page 3.
SUP-55320
SG

Staff Report Page Five
September 23, 2014 - Special Planning Commission Meeting



*3. For the purpose oI Requirement 2, and Ior that purpose only:
a. The 'property line oI a protected use reIers to the property line oI a Iee interest
parcel that has been created by an approved and recorded parcel map or
subdivision map, and does not include the property line oI a leasehold parcel; and
b. The 'property line oI a medical marijuana production Iacility reIers to:
i. The property line oI a parcel that has been created by an approved and
recorded parcel map or commercial subdivision map; or
ii. The property line oI a parcel that is located within an approved and
recorded commercial subdivision and that has been created by a record oI
survey or legal description, iI:
A. Using the property line oI that parcel Ior the purpose oI
measuring the distance separation reIerred to in Requirement 1
would qualiIy the parcel under the distance separation requirement;
B. The proposed medical marijuana production Iacility will have
direct access (both ingress and egress) Irom a street having a
minimum right-oI-way width oI 100 Ieet. The required access may
be shared with a larger development but must be located within the
property lines oI the parcel on which the proposed medical
marijuana production Iacility will be located;

The subfect site is an existing commercial development and did not require the creation
of a separate parcel to meet the distance separation requirements. As such, subsection
b.ii is not applicable and the site is in conformance with this requirement.

*4. The use shall conIorm to, and is subject to, the provisions oI LVMC Title 6, as such
provisions may be presently adopted or hereaIter amended.

The use complies and will be subfect to this requirement.

*5. No outside storage shall be permitted, including the use oI shipping containers Ior on-
site storage.

The proposed use meets this requirement as no outside storage, including shipping
containers has been denoted within the submitted site plan.

*6. An air Iiltration system to be designed by a Nevada licensed engineer shall be
provided prior to the issuance oI a certiIicate oI occupancy.

The proposed use shall comply with this requirement as part of the permitting process
that will occur prior to the issuance of a Certificate of Occupancy.

*7. Distillation or extraction by combustible solvent is prohibited.

The proposed use will be subfect to regular City and County inspections for licensing and
will be monitored for continuous compliance with this requirement.
SUP-55320
SG

Staff Report Page Six
September 23, 2014 - Special Planning Commission Meeting



*8. Signage Ior the establishment shall be limited to one wall sign per street Irontage, the
Iace oI the sign not to exceed thirty square Ieet in area and not to exceed two Ieet in
height. Such a sign shall be internally illuminated, with the use oI neon prohibited.

The proposed use will comply with this requirement per the submitted fustification letter.

*9. The Special Use Permit shall be void without Iurther action iI the uses ceases Ior a
period exceeding 90 days.

The use will be subfect to this requirement if the Special Use Permit is approved and
exercised.

*10. A medical marijuana production Iacility shall obtain all required approvals Irom the
State oI Nevada to operate such a Iacility prior to the Special Use Permit being exercised
pursuant to LVMC 19.16.110.

The use will be subfect to this requirement if the Special Use Permit is approved and
prior to it being exercised.


The proposed use would be placed within a separate suite within a 6,000 square-Ioot stand-alone
building located within a Commercial Subdivision located along Highland Drive. The subject
site Iacilitates the required parking Ior the proposed use. Other than the Minimum Special Use
Permit Requirements Iound within Title 19.12, there are no special development requirements
pertaining to the site. There are no other similar uses or protected uses within the required
distance separations. For these reasons, the proposed use is deemed compatible with the
surrounding uses; thereIore, staII recommends approval with conditions.


FINDINGS (SUP-55320)

In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must aIIirm the Iollowing:

1. The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.

The subject site complies with all minimum distance requirements as set Iorth by Title
19.12 and thereIore the use can be conducted in a compatible and harmonious manner with
the existing surrounding land uses and Iuture land uses as projected by the General Plan.
SUP-55320
SG

Staff Report Page Seven
September 23, 2014 - Special Planning Commission Meeting



2. The subject site is physically suitable for the type and intensity of land use proposed.

The site contains a Shopping Center. This site contains adequate parking Ior the
various uses at the site, and the proposed use does not generate the need Ior any
additional parking spaces beyond what has been provided onsite.

3. Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.

The proposed Medical Marijuana Production Facility can be accessed Irom Highland
Drive, an 80-Ioot Major Collector that has adequate capacity to serve the proposed
development.

4. Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.

The proposed Medical Marijuana Production Facility use will be subject to regular City
and County inspections Ior licensing and will thereIore not compromise the public
health, saIety, and general welIare or any objective oI the General Plan.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Medical Marijuana Production Facility use meets all distance separation
requirements per Title 19.12. Conditions oI approval will ensure conIormance with all
other minimum requirements Ior this use.



NEIGHBORHOOD ASSOCIATIONS NOTIFIED 26


NOTICES MAILED 69


APPROVALS 0


PROTESTS 0


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Agenda tem No.: 41.



AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING Consent Discussion

SUB1ECT:
SUP-55321 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: CANNABIS
RENAISSANCE GROUP, LLC - OWNER: JOSEPH & NANCY JACOBS TRUST - For
possible action on a request Ior a Special Use Permit FOR A PROPOSED 10,353 SQUARE-
FOOT MEDICAL MARIJUANA CULTIVATION FACILITY at 2702 Highland Drive (APN
162-09-111-001), M (Industrial) Zone, Ward 1 (Tarkanian). StaII recommends APPROVAL.

C.C.: 10/28/2014

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:

Planning Commission Mtg. 0 Planning Commission Mtg. 0


City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
StaII recommends APPROVAL, subject to conditions:

BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and StaII Report
3. Supporting Documentation
4. Photos
5. JustiIication Letter


SUP-55321
SG

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: CANNABIS RENAISSANCE GROUP, LLC -
OWNER: JOSEPH & NANCY JACOBS TRUST


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55321 StaII recommends APPROVAL, subject to conditions:

N/A


`` CONDITIONS ``


SbF-55321 CONDIIIONS


Planning

1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Medical
Marijuana Production Facility.

2. An air Iiltration system to be designed by a Nevada licensed engineer shall be provided
prior to the issuance oI a certiIicate oI occupancy.

3. Coordinate with the Environmental Compliance Section oI the Department oI Public
Works to determine appropriate pretreatment procedures, iI any, required Ior industrial
eIIluent Irom this Iacility prior to occupancy oI this site or a business license Ior this use.
Comply with the recommendations oI the Environmental Compliance Section. The
Section may be contacted through John Solvie, 702-229-6547 or email at
jsolvielasvegasnevada.gov.

4. Cultivation is limited to the interior oI a building.

5. There shall be no on-premise consumption (the use, smoking, ingestion or consumption oI
any marijuana, edible marijuana or marijuana inIused product) on the licensed premises.

SUP-55321
SG

Conditions Page Two
September 23, 2014 - Special Planning Commission Meeting



6. All development shall be in conIormance with the site plan and elevations, date stamped
08/04/14, and the Iloor plan, date stamped 07/23/14, except as amended by conditions
herein. Any modiIication oI the premises oI a medical marijuana establishment shall be
Iiled 60 days in advance oI any proposed construction. A Iull and complete copy oI all
architectural and building plans shall be Iiled with the Director Ior a review oI compliance
with Title 6.95 and Title 19. The Director shall review the plans and approve any
modiIications in compliance with this chapter prior to the commencing oI any construction
oI modiIications.

7. This approval shall be void eighteen months Irom the date oI Iinal approval, unless
exercised pursuant upon the issuance oI a business license. An Extension oI Time may be
Iiled Ior consideration by the City oI Las Vegas.

8. All necessary building permits shall be obtained and Iinal inspections shall be completed
in compliance with Title 19 and all codes as required by the Department oI Building and
SaIety.

9. These Conditions oI Approval shall be aIIixed to the cover sheet oI any plan set submitted
Ior building permit, as well as submitted as part oI any business license application.

10. The presence oI minors on the premises oI a medical marijuana establishment is prohibited
unless the minor is a qualiIied patient on the premises oI a dispensary and is accompanied
by his or her parent or legal guardian.

11. Approval oI this Special Use Permit does not constitute approval oI a medical marijuana
Iacility license.

12. This business shall operate in conIormance to Chapter 6.95 oI the City oI Las Vegas
Municipal Code.

13. No temporary signs such as banners, pennants, inIlatable objects, streamers, Ilags, or other
similar attention gaining item or devices shall be displayed upon the subject property or a
vehicle displaying advertisement in the parking lot oI the subject property without the
appropriate permits.

14. This Special Use Permit shall be reviewed biennially concurrently with the associated
business license, at which time the City Council may require the termination oI the use.
The applicant shall be responsible Ior notiIication costs oI the review. Failure to pay the
City Ior these costs may result in a requirement that the Medical Marijuana Cultivation
Facility be removed.

15. All medical marijuana products shall remain in the original manuIacturer's conIiguration
intended Ior oII-sale.
SUP-55321
SG

Conditions Page Three
September 23, 2014 - Special Planning Commission Meeting



16. A Medical Marijuana Cultivation Facility shall obtain all required approvals Irom the State
oI Nevada to operate such a Iacility prior to the Special Use Permit being exercised
pursuant to LVMC 19.16.110.

17. ConIormance to all regulations pertaining to Medical Marijuana Establishment Iound
within Nevada Revised Statute 453A and Nevada Administrative Code NAC 453A.

18. All City Code requirements and design standards oI all City departments must be satisIied,
except as modiIied herein.




SUP-55321
SG
Staff Report Page One
September 23, 2014 - Special Planning Commission Meeting



`` STAFF REPORT ``



PRO1ECT DESCRIPTION

This application is a request Ior a Special Use Permit Ior a proposed Medical Marijuana
Cultivation Facility to be located at 2702 Highland Drive. The subject site complies with all
minimum distance requirements as set Iorth by Title 19.12 and thereIore the use can be
conducted in a compatible and harmonious manner with the existing surrounding land uses and
Iuture land uses as projected by the General Plan. As such, StaII recommends approval oI the
proposed use with standard conditions. II denied, no Medical Marijuana Cultivation Facility
would be permitted to be established at this site.


ISSUES

The Medical Marijuana Cultivation Facility use is permitted within an M (Industrial) zoning
district with the approval oI a Special Use Permit.
For the subject site to be eligible Ior a Medical Marijuana Cultivation Facility the subject site
must be in compliance with all minimum distance separation requirements, pursuant to Title
19.12, as set Iorth by adopted Ordinance No. 6321.
Simultaneous reviews oI the business license application and the Special Use Permit
application were conducted. II either application Iailed to comply with their respective
requirements both applications would have been deemed incomplete and consequently
rejected.


BACKGROUND INFORMATION

Related Relevant City Actions by P&D, Fire, Bldg., etc
05/21/14
City Council approved Text Amendment (TXT-52502) to amend LVMC
Chapter 19.12 related to Permitted Uses and Chapter 19.18 related to
DeIinitions and Measures to add Medical Marijuana Dispensaries, Facilities
Ior the Production oI Edible Marijuana Products or Marijuana InIused
Products and Marijuana Cultivation Facilities as permissible uses by adding
zoning district applicability, descriptions and deIinitions Ior these activities as
they are contemplated by SB 374 oI the Nevada Revised Statues and to
provide Ior other related matters. Ordinance No. 6321.

SUP-55321
SG

Staff Report Page Two
September 23, 2014 - Special Planning Commission Meeting


06/04/14
City Council approved Text Amendment (TXT-52502) to amend Las Vegas
Municipal Code Title 6 to implement licensing regulations related to Iacilities
Ior the production oI edible marijuana products or marijuana-inIused
products, medical marijuana dispensaries, medical marijuana cultivation
Iacilities, and independent testing laboratories, collectively reIerred to as
medical marijuana establishments, in conIormance with the intent oI SB 374
oI the 2013 session oI the Nevada Legislature and to provide Ior other related
matters. Ordinance 6324.


Most Recent Change of Ownership
08/01/02 A deed was recorded Ior a change in ownership.


Pre-Application Work Croup
06/19/14

The applicant attended a pre-application workgroup meetings, in which
submittal requirements Ior the Iiling oI the Special Use Permit application, as
well as Business Licensing applications were reviewed and supplemental
handouts were given.


Field Check
07/31/14
A Iield check oI the subject site was conducted by staII. The site is clean and
well maintained.


Details of Application Request
Site Area
Net Acres 0.13


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property
Industrial Park
(Various uses)
LI/R (Light
Industry/Research)
M (Industrial)
North
OIIice, General
Retail, Storage Yard
LI/R (Light
Industry/Research)
M (Industrial)
South OIIice and Industrial
LI/R (Light
Industry/Research)
M (Industrial)
East ROW (UP Railroad) ROW (UP Railroad) ROW (UP Railroad)
West General Retail C (Commercial) M (Industrial)

SUP-55321
SG

Staff Report Page Three
September 23, 2014 - Special Planning Commission Meeting



Master Plan Areas Compliance
Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Overlay District (Industrial Corridor District) Y
A-O (Airport Overlay) District (175 Feet) Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area Y
Project oI SigniIicant Impact (Development Impact NotiIication Assessment) N/A
Project oI Regional SigniIicance Y


DEVELOPMENT STANDARDS

Street Name
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Highland Drive Major Collector
Planned Streets and
Highways Map
80 Y


Pursuant to 1itle 19.8 and 19.12, the following parking standards apply:
Parking Requirement
Required Provided Compliance
Parking Parking
Use
Cross Floor
Area or
Number of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Shopping
Center
67,000 1/250 SF 268

TOTAL SPACES REQUIRED 268

76

N*
Regular and Handicap Spaces Required 261 7 73 3 N*
Loading
Spaces
4 3 N*
*The existing site is parking impaired by 192 spaces. Projects located within the Las Vegas
Downtown Centennial Plan area are not subject to the automatic application oI parking
requirements. However, the above table should be used to illustrate the requirements oI an
analogous project in another location in the City.


SUP-55321
SG

Staff Report Page Four
September 23, 2014 - Special Planning Commission Meeting



ANALYSIS

The Medical Marijuana Cultivation Facility use is deIined as 'A Iully stand-alone detached
enclosed structure which cultivates, delivers, transIers, transports, supplies, or sells marijuana to
medical marijuana dispensaries or medical marijuana production Iacilities. This use includes a
'cultivation Iacility, as deIined in NRS 453A.056. The justiIication letter states that the Iacility
as proposed is adequate to produce approximately 200 pounds oI marijuana per month. Hours oI
operation are noted as being between 8:00 am and 10:00 pm. The Iloor plan illustrates a 10,353
square-Ioot Medical Marijuana Cultivation Facility with 9,192 square Ieet oI enclosed cultivation
area. Per the submitted justiIication letter and Iloor plan, the proposed use meets the deIinition
outlined above.

The Minimum Special Use Permit Requirements Ior this use include:

*1. Pursuant to its general authority to regulate the cultivation, production, dispensing
and sale oI medical marijuana, the City Council declares that the public health, saIety and
general welIare oI the City are best promoted and protected by generally requiring a
minimum separation between medical marijuana cultivation Iacilities and certain other
uses that should be protected Irom the impacts associated with a medical marijuana
cultivation Iacility. ThereIore, except as otherwise provided below, no medical marijuana
cultivation Iacility may be located within 1000 Ieet oI any school; or within 300 Ieet oI
any individual care center licensed Ior more than 12 children, community recreational
Iacility (public), City park, or church/house oI worship.

The proposed use meets this requirement, as there are no schools, within 1,000 feet of the
subfect property, as well as there are no individual care centers licensed for more than
12 children, community recreational facilities (public) or City parks or churches/houses
of worship within 300 feet of the subfect property.

*2. The distance separation reIerred to in Requirement 1 shall be measured with
reIerence to the shortest distance between two property lines, one being the property line
oI the proposed medical marijuana cultivation Iacility which is closest to the existing use
to which the measurement pertains, and the other being the property line oI that existing
use which is closest to the proposed medical marijuana cultivation Iacility. The distance
shall be measured in a straight line without regard to intervening obstacles.

The proposed use meets this requirement, measurement is taken from the property line of
Lot 5 of Presidio Industrial Pla:a, as shown by map thereof on file in Book 36 of Plats,
Page 3.
SUP-55321
SG

Staff Report Page Five
September 23, 2014 - Special Planning Commission Meeting



*3. For the purpose oI Requirement 2, and Ior that purpose only:
a. The 'property line oI a protected use reIers to the property line oI a Iee interest
parcel that has been created by an approved and recorded parcel map or
subdivision map, and does not include the property line oI a leasehold parcel; and
b. The 'property line oI a medical marijuana cultivation Iacility reIers to:
i. The property line oI a parcel that has been created by an approved and
recorded parcel map or commercial subdivision map; or
ii. The property line oI a parcel that is located within an approved and
recorded commercial subdivision and that has been created by a record oI
survey or legal description, iI:
A. Using the property line oI that parcel Ior the purpose oI
measuring the distance separation reIerred to in Requirement 1
would qualiIy the parcel under the distance separation requirement;
B. The proposed medical marijuana cultivation Iacility will have
direct access (both ingress and egress) Irom a street having a
minimum right-oI-way width oI 100 Ieet. The required access may
be shared with a larger development but must be located within the
property lines oI the parcel on which the proposed medical
marijuana cultivation Iacility will be located;

The subfect site is an existing commercial development and did not require the creation
of a separate parcel to meet the distance separation requirements. As such, subsection
b.ii is not applicable and the site is in conformance with this requirement.

*4. The use shall conIorm to, and is subject to, the provisions oI LVMC Title 6, as such
provisions may be presently adopted or hereaIter amended.

The use complies and will be subfect to this requirement.

*5. No outside storage shall be permitted, including the use oI shipping containers Ior on-
site storage.

The proposed use meets this requirement as no outside storage, including shipping
containers has been denoted within the submitted site plan.

*6. An air Iiltration system to be designed by a Nevada licensed engineer shall be
provided prior to the issuance oI a CertiIicate oI Occupancy.

The proposed use shall comply with this requirement as part of the permitting process
that will occur prior to the issuance of a Certificate of Occupancy.

SUP-55321
SG

Staff Report Page Six
September 23, 2014 - Special Planning Commission Meeting



*7. Signage Ior the establishment shall be limited to one wall per street Irontage, the Iace
oI the sign not to exceed thirty square Ieet in area and not to exceed two Ieet in height.
Such a sign shall be internally illuminated, with the use oI neon prohibited.

The proposed use will comply with this requirement per the submitted fustification letter.

*8. The Special Use Permit shall be void without Iurther action iI the uses ceases Ior a
period exceeding 90 days.

The use will be subfect to this requirement if the Special Use Permit is approved and
exercised.

*9. A Medical Marijuana Cultivation Facility shall obtain all required approvals Irom the
State oI Nevada to operate such a Iacility prior to the Special Use Permit being exercised
pursuant to LVMC 19.16.110.

The use will be subfect to this requirement if the Special Use Permit is approved and
prior to it being exercised.


The proposed use would be placed within a 10,353 square-Ioot stand-alone building located
within a Commercial Subdivision located along Highland Drive. The subject site Iacilitates the
required parking Ior the proposed use. Other than the Minimum Special Use Permit
Requirements Iound within Title 19.12, there are no special development requirements
pertaining to the site. There are no other similar uses or protected uses within the required
distance separations. For these reasons, the proposed use is deemed compatible with the
surrounding uses; thereIore, staII recommends approval with conditions.


FINDINGS (SUP-55321)

In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must aIIirm the Iollowing:

1. The proposed land use can be conducted in a manner that is harmonious and
compatible with existing surrounding land uses, and with future surrounding land
uses as projected by the General Plan.

The subject site complies with all minimum distance requirements as set Iorth by Title
19.12 and thereIore the use can be conducted in a compatible and harmonious manner with
the existing surrounding land uses and Iuture land uses as projected by the General Plan.
SUP-55321
SG

Staff Report Page Seven
September 23, 2014 - Special Planning Commission Meeting



2. The subject site is physically suitable for the type and intensity of land use proposed.

The site contains a Shopping Center. This site contains adequate parking Ior the various
uses at the site, and the proposed use does not generate the need Ior any additional
parking spaces beyond what has been provided onsite.

3. Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed use.

The proposed Medical Marijuana Cultivation Facility can be accessed Irom Highland
Drive, an 80-Ioot Major Collector that has adequate capacity to serve the proposed
development.

4. Approval of the Special Use Permit at the site in question will not be inconsistent with
or compromise the public health, safety, and welfare or the overall objectives of the
General Plan.

The proposed Medical Marijuana Cultivation Facility use will be subject to regular City
and County inspections Ior licensing and will thereIore not compromise the public
health, saIety, and general welIare or any objective oI the General Plan.

5. The use meets all of the applicable conditions per Title 19.12.

The proposed Medical Marijuana Cultivation Facility use meets all distance separation
requirements per Title 19.12. Conditions oI approval will ensure conIormance with all
other minimum requirements Ior this use.



NEIGHBORHOOD ASSOCIATIONS NOTIFIED 26


NOTICES MAILED 69


APPROVALS 0


PROTESTS 0

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Agenda tem No.: 42.


AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING

SUB1ECT:
CITIZENS PARTICIPATION: PUBLIC COMMENT DURING THIS PORTION OF THE
AGENDA MUST BE LIMITED TO MATTERS WITHIN THE JURISDICTION OF THE
PLANNING COMMISSION. NO SUBJECT MAY BE ACTED UPON BY THE PLANNING
COMMISSION UNLESS THAT SUBJECT IS ON THE AGENDA AND IS SCHEDULED
FOR ACTION. IF YOU WISH TO BE HEARD, COME TO THE PODIUM AND GIVE
YOUR NAME FOR THE RECORD. THE AMOUNT OF DISCUSSION ON ANY SINGLE
SUBJECT, AS WELL AS THE AMOUNT OF TIME ANY SINGLE SPEAKER IS
ALLOWED, MAY BE LIMITED

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