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Agenda tem No.: 7.
AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
DIRECTOR: FLINN FAGG Consent Discussion
SUB1ECT:
SUP-55180 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: NEVADA
WELLNESS CENTER - OWNER: SHOSHONE CATTLE AND LAND DEVELOPMENT
COMPANY - For possible action on a request Ior a Special Use Permit FOR A PROPOSED
6,858 SQUARE-FOOT MEDICAL MARIJUANA DISPENSARY at 3200 South Valley View
Boulevard (APN 162-08-410-018), 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. 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. Survey CertiIication
6. JustiIication Letter
SUP-55180
JG
AGENDA MEMO - PLANNING
SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: NEVADA WELLNESS CENTER - OWNER:
SHOSHONE CATTLE AND LAND DEVELOPMENT COMPANY
`` STAFF RECOMMENDATION(S) ``
CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55180 StaII recommends APPROVAL, subject to conditions: N/A
`` CONDITIONS ``
SbF-55180 CONDIIIONS
Planning
1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Medical
Marijuana Dispensary use.
2. 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.
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. A revised Site Plan shall include two loading space, prior to the issuance oI a building
permit.
SUP-55180
JG
Conditions Page Two
September 23, 2014 - Special Planning Commission Meeting
7. The on-site parking conIiguration shall conIorm to the Site Plan, date stamped 08/18/14
prior to the issuance oI a business license.
8. All development shall be in conIormance with the site plan date stamped 08/18/14,
building and sign elevations date stamped 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. Approval oI this Special Use Permit does not constitute approval oI a medical marijuana
Iacility license.
14. This business shall operate in conIormance to Chapter 6.95 oI the City oI Las Vegas
Municipal Code.
15. 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.
16. 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.
SUP-55180
JG
Conditions Page Three
September 23, 2014 - Special Planning Commission Meeting
17. All medical marijuana products shall remain in the original manuIacturer's conIiguration
intended Ior oII-sale.
18. 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.
19. ConIormance to all regulations pertaining to Medical Marijuana Establishment Iound
within Nevada Revised Statute 453A and Nevada Administrative Code NAC 453A.
20. All City Code requirements and design standards oI all City departments must be satisIied,
except as modiIied herein.
SUP-55180
JG
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 6,858 square-Ioot Medical
Marijuana Dispensary to be located at 3200 South Valley View 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 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-55180
JG
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
01/09/09 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 conducted a Iield check oI the subject site and noted a vacant
commercial building with no discrepancies noted.
Details of Application Request
Site Area
Net Acres 0.85
Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property Vacant Building
LI/R (Light
Industry/Research)
C-1 (Limited
Commercial)
North
OIIice, Other than
Listed/OIIice,
Medical
LI/R (Light
Industry/Research)
C-1 (Limited
Commercial)
SUP-55180
JG
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
C-1 (Limited
Commercial)
South
General Retail Store,
Other than Listed/
OIIice, Other than
Listed
LI/R (Light
Industry/Research)
M (Industrial)
East
Auto Repair Garage,
Major
LI/R (Light
Industry/Research)
M (Industrial)
West Shopping Center
CT (Commercial
Tourist) - Clark County
M-1 (Light
ManuIacturing) - Clark
County
Master Plan Areas Compliance
No Applicable Master Plan Area N/A
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) Y
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
Valley View
Boulevard
Major Collector
Master Plan oI Streets
and Highways
100 Y*
Regulus Avenue Collector Street
Master Plan oI Streets
and Highways
60 Y
*Per Master Plan of Streets and Highways the street width is 80 feet.
SUP-55180
JG
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
6,858 SF 1/175 SF 40
OIIice, Other
than Listed
5,436 SF 1/300 SF 19
TOTAL SPACES REQUIRED 59
59
Y
Regular and Handicap Spaces Required 57 2 56 3 Y
Loading
Spaces
2 0 N
Wall Signs:
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage 2 signs Y
Maximum Area 30 SF 18.75 SF/30 SF Y
Maximum Height 2 Feet
West Iacing sign is
three Ieet tall/South
Iacing sign is two
Ieet two inches tall
N
Illumination
Internal
(Neon Prohibited)
N/A
N
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,
'to allow a vacant bank to be used as a Medical Marijuana Dispensary. The development will
cure blight in the community and create up to 24 new jobs. The proposed hours oI operation are
Irom 6:00 a.m. to 10:00 p.m. The Iloor plan illustrates a 6,858 square-Ioot Medical Marijuana
Dispensary with 1,134 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-55180
JG
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 line of
Lot 1 and Lot 2 of Plat Book 3 Page 88, located at the northeast corner of Jalley Jiew
Boulevard and Regulus Avenue.
* 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-55180
JG
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 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.
SUP-55180
JG
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 have been reviewed and approved subfect to condition by the DDRC.
*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 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.
SUP-55180
JG
Staff Report Page Eight
September 23, 2014 - Special Planning Commission Meeting
(Medical Marijuana Dispensary)
The proposed use would be placed within a 6,858 square-Ioot portion oI a 12,294 square-Ioot
standalone building located within a developed commercial property, located at the northeast
corner oI Valley View Boulevard and Regulus 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.
The subject site is located within 500 Ieet oI a city boundary; thereIore, the request is deemed a
Project oI Regional SigniIicance. The required documents have been completed and distributed
to the appropriate agency; however, no comments were returned.
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-55180)
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 12,294 square-Ioot commercial building. 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 Valley View
Boulevard, a 100-Ioot Major Collector, that has adequate capacity to serve the proposed
development. Secondary access is also provided Irom Regulus Avenue, a 60-Ioot
Collector Street, as depicted on the Master Plan oI Streets and Highway.
SUP-55180
JG
Staff Report Page Nine
September 23, 2014 - Special Planning Commission Meeting
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 156
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Agenda tem No.: 8.
AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING Consent Discussion
SUB1ECT:
SUP-55182 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: NATUREX II,
LLC - OWNER: WAPP, LLC - For possible action on a request Ior a Special Use Permit FOR
A PROPOSED 2,800 SQUARE-FOOT MEDICAL MARIJUANA DISPENSARY at 1860
Western Avenue (APN 162-04-302-008), M (Industrial) Zone, Ward 3 (CoIIin). 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-55182
JG
AGENDA MEMO - PLANNING
SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: NATUREX II, LLC - OWNER: WAPP, LLC
`` STAFF RECOMMENDATION(S) ``
CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55182 StaII recommends APPROVAL, subject to conditions: N/A
`` CONDITIONS ``
SbF-55182 CONDIIIONS
Planning
1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Medical
Marijuana Dispensary use.
2. ConIormance to the associated Iinal recommendation oI the Downtown Design Review
Committee (DDRC) 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, building and sign elevations
and Iloor plan, date stamped 07/21/14, 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-55182
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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-55182
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SUP-55182
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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 2,800 square-Ioot Medical
Marijuana Dispensary to be located at 1860 Western 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, subject to
conditions by the Downtown Design Review Committee (DDRC) on August 26
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-55182
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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
06/19/08 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
07/31/14
StaII conducted a Iield check oI the subject site and noted an industrial
development with some trash and debris.
Details of Application Request
Site Area
Net Acres 0.79
Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property
OIIice, Other than
Listed/Warehouse
LI/R (Light
Industry/Research)
M (Industrial)
North
ManuIacturing,
Light
LI/R (Light
Industry/Research)
M (Industrial)
South
Auto Repair Garage,
Major
LI/R (Light
Industry/Research)
M (Industrial)
SUP-55182
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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
East
General Retail Store,
Other than
Listed/Bailbond
Service
LI/R (Light
Industry/Research)
M (Industrial)
West Outdoor Storage
LI/R (Light
Industry/Research)
M (Industrial)
Master Plan Areas Compliance
Downtown Centennial Plan (Industrial Corridor District) Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Overlay District Y
A-O (Airport Overlay) District (200 Feet) Y
Live/Work Overlay District 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
Western Avenue Major Collector
Master Plan oI Streets
and Highways
55 Feet N
SUP-55182
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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
2,800 SF 1/175 SF 16
OIIice, Other
than Listed
8,100 SF 1/300 SF 27
Warehouse 3,100 SF
1/1,000
SF
4
TOTAL SPACES REQUIRED 47
47
Y
Regular and Handicap Spaces Required 45 2 45 2 Y
Loading
Spaces
2 0 N*
*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.
Wall Signs:
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage 1 Y
Maximum Area 30 SF 30 SF Y
Maximum Height 2 Feet 2 Feet Y
Illumination
Internal
(Neon Prohibited)
Internal Illumination
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,
'our location is strategically located between UMC Hospital, its adjacent medical oIIices, Valley
Hospital and its adjacent medical oIIices, the nearby medical district and Sunrise Hospital and its
adjacent medical oIIices to the east. This makes it convenient Ior patients to visit their doctors
and or have treatment, and pick up their medicine at our location. The proposed hours oI
operation are Irom 6:00 a.m. to 10:00 p.m., seven days a week. The Iloor plan illustrates a 2,800
square-Ioot Medical Marijuana Dispensary with 780 square Ieet oI waiting, queuing and
SUP-55182
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transaction space. Per the submitted justiIication letter and Iloor plan, the proposed use meets the
deIinition outlined above.
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 line of
(The proposed use meets this requirement, measurement is taken from the property line
of Lot 1of Parcel Map File 111 Page 69, located south of the southwest corner of Oakey
Boulevard and Western Avenue).
* 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-55182
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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 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.
SUP-55182
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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 30 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 approved subfect to
condition by the Downtown Design Review Committee (DDRC) on August 26th, 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-55182
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Staff Report Page Eight
September 23, 2014 - Special Planning Commission Meeting
The proposed use would be placed within a 2,800 square-Ioot tenant space located within a
developed industrial property located along Western 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-55182)
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 14,000 square-Ioot industrial building. 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 Western Avenue, a 55-
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.
SUP-55182
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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 26
NOTICES MAILED 256
APPROVALS 0
PROTESTS 1
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Agenda tem No.: 9.
AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING Consent Discussion
SUB1ECT:
SUP-55196 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: GOLDEN
WELLNESS, INC. - OWNER: HAZ 2011, LLC - For possible action on a request Ior a Special
Use Permit FOR A PROPOSED 4,516 SQUARE-FOOT MEDICAL MARIJUANA
DISPENSARY at 2230 West Bonanza Road (APNs 139-29-704-023, 024 and 025), 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. 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-55196
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AGENDA MEMO - PLANNING
SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: GOLDEN WELLNESS, INC. - OWNER: HAZ
2011, LLC
`` STAFF RECOMMENDATION(S) ``
CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55196 StaII recommends APPROVAL, subject to conditions: N/A
`` CONDITIONS ``
SbF-551 CONDIIIONS
Planning
1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Medical
Marijuana Dispensary use.
2. ConIormance to the Conditions oI Approval Ior Site Development Plan Review (SDR-
33191) and Site Development Plan Review (SDR-55378) shall be required.
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, date stamped 08/11/14 and the
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.
SUP-55196
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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-55196
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SUP-55196
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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 2230 West Bonanza Road. 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 at 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-55196
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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.
08/13/14
StaII administratively approved a Minor Site Development Plan Review
(SDR-55378) Ior a 458 square-Ioot building addition to an existing 4,058
square-Ioot building, as well as building elevation improvements on 1.12
acres at the northeast corner oI Bonanza Road and Dike Lane.
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
02/27/14 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
08/04/14
StaII conducted a routine Iield check and noted a vacant commercial building
with parking lot. There was some trash, debris and a sign pole in the
landscape buIIer along Bonanza Road. In addition, the subject site was
surrounded with a chain linked Ience.
Details of Application Request
Site Area
Net Acres 1.12
SUP-55196
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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 Vacant
SC (Service
Commercial)
C-1 (Limited
Commercial)
Single-Family
Residence
MXU (Mixed Use)
R-1 (Single Family
Residential) Under
Resolution oI Intent to
C-1 (Limited
Commercial)
North
Multi-Family
Residential
ML (Medium Low
Density Residential)
R-PD16 (Residential
Planned Development
16 Units per Acre)
Shopping Center
LI/R (Light Industry /
Research)
C-2 (General
Commercial)
South
Multi-Family
Residential
MXU (Mixed Use)
R-PD46 (Residential
Planned Development
46 Units per Acre)
East General Retail
LI/R (Light Industry /
Research)
C-M (Light Industrial)
West Government Facility
SC (Service
Commercial)
C-V (Civic)
Master Plan Areas Compliance
West Las Vegas Plan Y
Special Purpose and Overlay Districts Compliance
A-O (Airport Overlay) District 140 Feet Y
Other Plans or Special Requirements Compliance
Trails Y
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
Bonanza Road Primary Arterial
Master Plan oI Streets
and Highways
100 Feet Y
Dike Lane Collector Street Master Plan oI Streets 56 Feet Y
SUP-55196
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and Highways
Staff Report Page Four
September 23, 2014 - Special Planning Commission Meeting
Pursuant to 1itle 19.8 and 19.12, the following parking standards apply: (Medical Marijuana
Dispensary Facility)
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
4,516 SF 1:175 26
TOTAL SPACES REQUIRED 26
61
Y
Regular and Handicap Spaces Required 24 2 58 3 Y
Loading
Spaces
1 1 Y
(Medical Marijuana Dispensary)
Wall Signs:
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage 2 Y
Maximum Area 30 SF 30 SF Each Y
Maximum Height 2 Feet 2 Feet Each Y
Illumination
Internal
(Neon Prohibited)
Internal Illumination
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 company`s vision is to operate as the premier model Ior the delivery oI medical marijuana
by implementing and endorsing the highest standards oI proIessionalism, integrity, and ethics.
Patients enter the dispensary through an electronically locked entrance door and into a secure
lobby space. The Iloor plan illustrates a 4,516 square-Ioot Medical Marijuana Dispensary with
1,179 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-55196
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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 existing
property line of the commercial subdivision located at the northeast corner of Bonan:a
Road and Dike Lane.
* 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-55196
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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 composed of three parcels 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.
SUP-55196
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The proposed use complies with this requirement as the submitted site plan illustrates no
drive-through facilities as part of the subfect site.
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 30 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
prior to it being 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 19, 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-55196
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Staff Report Page Eight
September 23, 2014 - Special Planning Commission Meeting
The proposed use would be placed within a 4,516 square-Ioot standalone building located within
a developed commercial property located at the northeast corner oI Bonanza Road and Dike
Lane. 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-55196)
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 4,058 square-Ioot commercial building. StaII administratively approved
a Site Development Plan Review (SDR-55378) to expand the existing building to 4,516
square Ieet. This site contains adequate parking Ior the subject use, 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 Bonanza Road, a 100-
Ioot wide Primary Arterial that has adequate capacity to serve the proposed development.
Secondary access is also provided Irom Dike Lane, a 58-Ioot wide Local Street as depicted
on the Master Plan oI Streets and Highway.
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.
SUP-55196
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Staff Report Page Nine
September 23, 2014 - Special Planning Commission Meeting
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 342
APPROVALS 0
PROTESTS 0
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Agenda tem No.: 10.
AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING Consent Discussion
SUB1ECT:
SUP-55206 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: NATURAL
APOTHECARY, LLC - OWNER: 5801 W CRAIG, LLC - For possible action on a request Ior a
Special Use Permit FOR A PROPOSED 1,320 SQUARE-FOOT MEDICAL MARIJUANA
DISPENSARY at 5801 West Craig Road, Suite #120 (APN 138-01-312-003), 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. 4 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-55206
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AGENDA MEMO - PLANNING
SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: NATURAL APOTHECARY, LLC - OWNER: 5801
W CRAIG, LLC
`` STAFF RECOMMENDATION(S) ``
CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55206 StaII recommends APPROVAL, subject to conditions: N/A
`` CONDITIONS ``
SbF-5520 CONDIIIONS
Planning
1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Medical
Marijuana Dispensary use.
2. ConIormance to the Conditions oI Approval Ior Rezoning (Z-0140-89) and Site
Development Plan Review (SDR-20711) shall be required.
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 sign elevations date
stamped 08/04/14 and the building elevations and Iloor plan, date stamped 07/22/14,
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.
Conditions Page Two
SUP-55206
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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-55206
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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 5801 West Craig Road, Suite #120. 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 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-55206
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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
03/01/13 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
07/31/14
StaII conducted a routine Iield check and noted a well maintained shopping
center Iree oI trash and debris. StaII also noted illegal temporary signage
within required landscaping buIIers. The issue was reported to the Code
EnIorcement.
Details of Application Request
Site Area
Net Acres 0.64-acre portion oI an overall 8.16-acre site.
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 Shopping Center
SC (Service
Commercial)
C-1 (Limited
Commercial)
SUP-55206
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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
Single-Family
Residential
DR (Desert Rural
Density Residential)
R-PD2 (Residential
Planned Development 2
Units per Acre)
East
Single-Family
Residential
DR (Desert Rural
Density Residential)
R-E (Residence Estates)
West Undeveloped
SC (Service
Commercial)
R-E (Residence Estates)
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/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
Craig Road Parkway Arterial
Master Plan oI Streets
and Highways
130 Feet Y
Jones Boulevard Primary Arterial
Master Plan oI Streets
and Highways
100 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
76,769 SF 1/250 SF 308
TOTAL SPACES REQUIRED 308
413
Y
Regular and Handicap Spaces Required 300 8 391 22 Y
Loading
Spaces
4 6 Y
SUP-55206
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Staff Report Page Four
September 23, 2014 - Special Planning Commission Meeting
Wall Signs: [type in sign reference]
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage 1 Y
Maximum Area 30 SF 9 SF Y
Maximum Height 2 Feet 8 Inches Y
Illumination
Internal
(Neon Prohibited)
Internally
Illuminated
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 applicant will operate a medical marijuana dispensary use within the city limits and comply
with the intent oI the State Legislature and the public polices oI the city oI Las Vegas to make
medical marijuana available to registered users. The Iloor plan illustrates a 1,320 square-Ioot
Medical Marijuana Dispensary with 880 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.
SUP-55206
GK
Staff Report Page Five
September 23, 2014 - Special Planning Commission Meeting
The proposed use meets this requirement, measurement is taken from the property line of
the Regal Pla:a Commercial Subdivision, Lot 1 of Plat Book 90 Page 27, located at the
southeast corner of Jones Boulevard and Craig 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.
*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-55206
GK
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 internally illuminated sign not to exceed
30 square feet 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
prior to it being 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-55206
GK
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 19, 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 1,320 square-Ioot tenant space located within a
commercial shopping center located along Craig Road. 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-55206)
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 76,769 square-Ioot shopping center. This site contains adequate parking
Ior the shopping center use, and the proposed use does not generate the need Ior any
additional parking spaces beyond what has been provided onsite.
SUP-55206
GK
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 Craig Road, a 130-Ioot
wide Parkway Arterial, which has adequate capacity to serve the proposed development.
Secondary access is also provided Irom Jones Boulevard, a 100-Ioot wide Primary
Arterial, as depicted on the Master Plan oI Streets and Highway.
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 22
NOTICES MAILED 417
APPROVALS 0
PROTESTS 4
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Agenda tem No.: 11.
AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING Consent Discussion
SUB1ECT:
SUP-55207 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: DESERT AIRE
WELLNESS, LLC - OWNER: CECILE PROPERTIES, LLC - For possible action on a request
Ior a Special Use Permit FOR A PROPOSED 2,268 SQUARE-FOOT MEDICAL MARIJUANA
DISPENSARY at 420 East Sahara Avenue (APN 162-03-416-022), C-1 (Limited Commercial)
Zone, Ward 3 (CoIIin). StaII recommends APPROVAL.
C.C.: 10/28/2014
PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:
Planning Commission Mtg. 2 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. Survey CertiIication
6. JustiIication Letter
7. Protest Postcards
SUP-55207
JB
AGENDA MEMO - PLANNING
SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: DESERT AIRE WELLNESS, LLC - OWNER:
CECILE PROPERTIES, LLC
`` STAFF RECOMMENDATION(S) ``
CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55207 StaII recommends APPROVAL, subject to conditions:
N/A
`` CONDITIONS ``
SbF-55207 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 08/07/14, 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-55207
JB
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. ConIormance to the associated Iinal recommendation oI the Downtown Design Review
Committee (DDCR) shall be required.
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.
SUP-55207
JB
17. All City Code requirements and design standards oI all City departments must be satisIied,
except as modiIied herein.
SUP-55207
JB
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 2,268 square-Ioot Medical
Marijuana Dispensary to be located at 420 East Sahara 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 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 by the Downtown Design Review Committee (DDRC) on August 26
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
02/22/68
The Board oI City Commissioners approved a Rezoning (Z-0003-68) Irom
P-R (ProIessional OIIice and Parking) to C-1 (Limited Commercial) at the
northeast corner oI Sahara Avenue and Santa Rita Drive Ior a light
commercial land use.
05/07/08
The City Council approved a Special Use Permit (SUP-27082) Ior a proposed
Secondhand Dealer use at 420 East Sahara Avenue. The Planning
Commission recommended approval oI the request.
SUP-55207
JB
Staff Report Page Two
September 23, 2014 - Special Planning Commission Meeting
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a Required Review (RQR-34160) oI a previously
approved Special Use Permit (SUP-27082) Ior a secondhand dealer at 420
East Sahara Avenue. The Planning Commission recommended approval on
the request on 08/13/09.
09/16/09
The City Council approved a request Ior a Review oI Condition (ROC-35500)
number Iive oI a previously approved Special Use Permit (SUP-27082) to
change the parking layout Ior the approved secondhand dealer at 420 East
Sahara Avenue.
09/01/10
The Planning Department administratively approved a Required Review
(RQR-39061) oI a previously approved Special Use Permit (SUP-27082) Ior a
secondhand dealer at 420 East Sahara Avenue.
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.
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 the building elevations
and signage Ior the proposed Medical Marijuana Dispensary.
Most Recent Change of Ownership
11/09/07 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.
SUP-55207
JB
Staff Report Page Three
September 23, 2014 - Special Planning Commission Meeting
Field Check
07/31/14
A routine Iield check was conducted by staII and Iound a well maintained
commercial development.
Details of Application Request
Site Area
Net Acres 0.14 Acres
Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property
General Retail /
Secondhand Dealer
SC (Service
Commercial)
C-1 (Limited
Commercial)
North Duplex
ML (Medium Low
Density Residential)
R-2 (Medium-Low
Density Residential)
Undeveloped
CT (Commercial
Tourist) Clark County
H-1 (Limited Resort and
Apartment) Clark
County
South
Multi-Family
Residential
CT (Commercial
Tourist) Clark County
H-1 (Limited Resort and
Apartment) Clark
County
East General Retail
SC (Service
Commercial)
C-1 (Limited
Commercial)
West General Retail
SC (Service
Commercial)
C-1 (Limited
Commercial)
Master Plan Areas Compliance
Beverly Green / Southridge Neighborhood Y
Special Purpose and Overlay Districts Compliance
G-O (Gaming Enterprise Overlay) District Y
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) Y
Project oI Regional SigniIicance Y
SUP-55207
JB
Staff Report Page Four
September 23, 2014 - Special Planning Commission Meeting
DEVELOPMENT STANDARDS
Street Name
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Sahara Avenue Primary Arterial
Master Plan oI Streets &
Highways
145 Feet Y
Santa Rita Drive Local Street
Master Plan oI Streets &
Highways
50 Y
Pursuant to 1itle 19.8 and 19.12, the following parking standards apply: (Medical Marijuana
Dispensary Facility)
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
2,268 SF 1/175 SF 13
TOTAL SPACES REQUIRED 13
11
Y*
Regular and Handicap Spaces Required 12 1 10 1 Y*
*The subfect location is considered a parking impaired development per Title 19.18.030 (D),
which allows a building to maintain parking standards that were applicable at the time the use
or building was established. The previously approved plot plan review associated with Re:oning
(Z-0003-68), approved a site design with five required parking spaces for a proposed
commercial land use. Since then the site has operated as a General Retail (Jewelry Store) and
Secondhand Dealer.
Wall Signs: [Medical Marijuana Dispensary]
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage 1 per Street Frontage Y
Maximum Area 30 SF 30 SF Y
Maximum Height 2 Feet 2 Feet Y
Illumination
Internal
(Neon Prohibited)
Internal
Y
SUP-55207
JB
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,
the proposed dispensary will have operating hours Irom 6:00am to 10:00pm. The Iloor plan
illustrates a 2,268 square-Ioot Medical Marijuana Dispensary with 1,045 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
Plat Book 3 Page 66, located at the northeast corner of Sahara Avenue and Santa Rita
Drive.
* 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
SUP-55207
JB
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 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.
SUP-55207
JB
Staff Report Page Seven
September 23, 2014 - Special Planning Commission Meeting
*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 on the southern 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 approved, subfect to
conditions by the Downtown Design Review Committee (DDRC) on August 26th, 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.
SUP-55207
JB
Staff Report Page Eight
September 23, 2014 - Special Planning Commission Meeting
*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 2,268 square-Ioot standalone building located within
a developed commercial property located on the northeast corner oI Sahara Avenue and Santa
Rita 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. The subject site is located within 500 Ieet oI a city
boundary; thereIore, the request is deemed a Project oI Regional SigniIicance. The required
documents have been completed and distributed to the appropriate agency; however, no
comments were returned. For these reasons, the proposed use is deemed compatible with the
surrounding uses; thereIore, staII recommends approval with conditions.
FINDINGS (SUP-55207)
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 an existing 2,268 square-Ioot commercial building. This site contains
adequate parking Ior the Medical Marijuana Dispensary use 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 Sahara Avenue; a 100-
Ioot Primary Arterial that has adequate capacity to serve the proposed development.
Secondary access is also provided Irom Santa Rita Drive, a 50-Ioot Local Street, as
depicted on the Master Plan oI Streets and Highway.
SUP-55207
JB
Staff Report Page Nine
September 23, 2014 - Special Planning Commission Meeting
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 19
NOTICES MAILED 800
APPROVALS 0
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Agenda tem No.: 12.
AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING Consent Discussion
SUB1ECT:
SUP-55218 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: BOULEVARD
MEDICAL, LLC - OWNER: HERD PROPERTIES, LLC, S LAS VEGAS BOULEVARD
SERIES - For possible action on a request Ior a Special Use Permit FOR A PROPOSED 3,272
SQUARE-FOOT MEDICAL MARIJUANA DISPENSARY at 1600 South Las Vegas
Boulevard, Suite #150 (APN 162-03-210-058), C-2 (General Commercial) Zone, Ward 3
(CoIIin). 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. Survey CertiIication
6. JustiIication Letter
SUP-55218
MR
AGENDA MEMO - PLANNING
SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: BOULEVARD MEDICAL, LLC - OWNER: HERD
PROPERTIES, LLC S LAS VEGAS BOULEVARD SERIES
`` STAFF RECOMMENDATION(S) ``
CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55218 StaII recommends APPROVAL, subject to conditions:
N/A
`` CONDITIONS ``
SbF-55218 CONDIIIONS
Planning
1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Medical
Medical Marijuana Dispensary use.
2. No physician or medical person making recommendations Ior medical marijuana may be
located within a dispensary.
3. ConIormance to the associated Iinal recommendation oI the Downtown Design Review
Committee (DDRC) shall be required.
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 sign elevations, date stamped 07/31/14,
site plan and building elevations, date stamped 08/07/14 and Iloor plan, date stamped
08/28/14, 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-55218
MR
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-55218
MR
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 1600 South Las Vegas Boulevard, Suite #150. 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-2 (General Commercial)
zoning district with the approval oI a Special Use Permit.
The subject building elevations and signage has been reviewed and approved with conditions
by the Downtown Design Review Committee (DDRC) on August 26
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-55218
MR
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 the building elevations
and signage Ior the proposed Medical Marijuana Dispensary.
Most Recent Change of Ownership
10/22/08 A deed was recorded Ior a change in ownership.
Pre-Application Work Croup
06/16/14
A pre-application workgroup meeting was 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 revealed that the existing
retail business was in operation and the site is well maintained.
Details of Application Request
Site Area
Net Acres 0.58
Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property
General Retail Store,
Other Than Listed
C (Commercial)
C-2 (General
Commercial)
Parking lot
Restaurant North
Tavern
C (Commercial)
C-2 (General
Commercial)
SUP-55218
MR
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
Restaurant
South General Retail Store,
Other Than Listed
C (Commercial)
C-2 (General
Commercial)
General Retail Store,
Other Than Listed East
Restaurant
C (Commercial)
C-2 (General
Commercial)
Undeveloped
West
Restaurant
C (Commercial)
C-2 (General
Commercial)
Master Plan Areas Compliance
Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan North Strip Overlay District Y
Las Vegas Boulevard Scenic Byway Overlay District Y
Other Plans or Special Requirements Compliance
Trails Y
Las Vegas Redevelopment Plan Area Y
Project oI SigniIicant Impact (Development Impact NotiIication Assessment) N/A
Project oI Regional SigniIicance N/A
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
3,272 1/175 SF 19
General Retail
Store, Other
than Listed
4,787 1/175 SF 28
TOTAL SPACES REQUIRED 47
34
Y*
Regular and Handicap Spaces Required 45 2 32 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.
SUP-55218
MR
Staff Report Page Four
September 23, 2014 - Special Planning Commission Meeting
Wall Signs:
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage 1 Y
Maximum Area 30 SF 30 SF Y
Maximum Height 2 Feet 2 Feet Y
Illumination
Internal
(Neon Prohibited)
Internal Illumination
Y*
*A waiver oI the Las Vegas Scenic Byway illumination standards was approved.
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 applicant will provide a 'saIe, clean, comIortable, respectIul and compassionate environment
where our patients can easily and aIIordably obtain a host oI wellness products and services
including medical cannabis. The Iloor plan illustrates a 3,272 square-Ioot Medical Marijuana
Dispensary with 1,478 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
SUP-55218
MR
which is closest to the proposed medical marijuana dispensary. The distance shall be
measured in a straight line without regard to intervening obstacles.
Staff Report Page Five
September 23, 2014 - Special Planning Commission Meeting
The proposed use meets this requirement, measurement is taken from the property line of
lots 1 through 5 of Plat Book 1 Page 52 located on the southwest corner of Wyoming
Avenue and Las Jegas Boulevard.
* 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 requirement. 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.
SUP-55218
MR
Staff Report Page Six
September 23, 2014 - Special Planning Commission Meeting
*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
wall sign. There are three street frontages for this location, however, only one wall sign
is proposed at this time.
*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-55218
MR
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 26
th
, 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 3,272 square-Ioot tenant space located within a retail
center located along Las Vegas Boulevard. The subject site does not meet the minimum Title 19
parking requirement Ior the proposed use; however, Title 19 parking requirements do not
automatically apply as the project is located in the North Strip Gateway overlay district oI the
Las Vegas Downtown Centennial Plan. There is ample street parking within a Iour block radius
to provide Ior the 13 parking spaces required Ior this site. 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-55218)
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-55218
MR
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 multi-tenant retail building. 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 Las Vegas
Boulevard, a 120-Ioot Parkway Arterial that has adequate capacity to serve the
proposed development. Secondary access is also provided Irom Wyoming Avenue, a
80-Ioot Major Collectors, as depicted on the Master Plan oI Streets and Highway.
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 or Medical 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 27
NOTICES MAILED 368
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Agenda tem No.: 13.
AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING Consent Discussion
SUB1ECT:
SUP-55219 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: PLANET
PROPERTIES, LLC - OWNER: BOULEVARD MEDICAL, LLC - For possible action on a
request Ior a Special Use Permit FOR A PROPOSED 943 SQUARE-FOOT MEDICAL
MARIJUANA PRODUCTION FACILITY at 2900 Highland Drive (APN 162-09-202-009), 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-55219
MR
AGENDA MEMO - PLANNING
SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: PLANET PROPERTIES, LLC - OWNER:
BOULEVARD MEDICAL, LLC
`` STAFF RECOMMENDATION(S) ``
CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55219 StaII recommends APPROVAL, subject to conditions:
N/A
`` CONDITIONS ``
SbF-5521 CONDIIIONS
Planning
1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Medical
Marijuana Production Facility use.
2. Approval oI and conIormance to the Conditions oI Approval Ior Rezoning (Z-0072-71)
shall be required.
3. An air Iiltration system to be designed by a Nevada licensed engineer shall be provided
prior to the issuance oI a certiIicate oI occupancy
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.
6. 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-55219
MR
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 Production
Facility be removed.
15. All medical marijuana products shall remain in the original manuIacturer's conIiguration
intended Ior oII-sale.
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.
SUP-55219
MR
Conditions Page Three
September 23, 2014 - Special Planning Commission Meeting
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
1Solvielasvegasnevada.gov
SUP-55219
MR
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 2900 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 conditions. II denied, no Medical Marijuana Production Facility would be
permitted to be established at this site.
ISSUES
The Medical Marijuana Production 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 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-55219
MR
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.
Most Recent Change of Ownership
07/16/14 A deed was recorded Ior a change in ownership.
Pre-Application Work Croup
06/16/14
A pre-application workgroup meeting was 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 revealed that the existing
pre-manuIactured steel structure on a site was Iree oI trash and debris.
Details of Application Request
Site Area
Net Acres 0.98
Surrounding
Property
Existing Land Use Per
1itle 19.12
Planned or Special
Land Use
Designation
Existing Zoning District
Warehouse/Distribution
Center
Subject Property
Contractor`s Plant,
Shop & Storage Yard
LI/R (Light
Industry/Research)
M (Industrial)
North
Warehouse/Distribution
Center
LI/R (Light
Industry/Research)
M (Industrial)
SUP-55219
MR
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
Warehouse/Distribution
Center
LI/R (Light
Industry/Research)
M (Industrial)
East
Warehouse/Distribution
Center
LI/R (Light
Industry/Research)
M (Industrial)
West Railroad Right-OI-Way N/A
Master Plan Areas Compliance
Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Industrial Corridor Overlay 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
Secondary
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
Medical
Marijuana
Production
Facility
943 SF 1/500 SF 2
SUP-55219
MR
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
Medical
Marijuana
CULTIVATI
ON
FACILITY
Facility
19,057 SF 1/1000 20
TOTAL SPACES REQUIRED 22
20
Y*
Regular and Handicap Spaces Required 21 1 19 1 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.
Wall Signs:
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage Zero Y
Maximum Area 30 SF Zero Y
Maximum Height 2 Feet Zero Y
Illumination
Internal
(Neon Prohibited)
None
Y
*No external signage is proposed Ior this project.
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,
'Boulevard Medical, LLC will provide its customers with high quality medical marijuana
products. Quality control Irom our inIused, baked goods, to tinctures, oils and other products to
delivery is our Iirst priority. The Iloor plan illustrates a 943 square-Ioot Medical Marijuana
Production Facility. Per the submitted justiIication letter and Iloor plan, the proposed use meets
the deIinition outlined above.
SUP-55219
MR
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 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 2 of Parcel Map File 21 Page 20 located on the east side of Highland Drive south of
Red Oak Avenue.
*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;
SUP-55219
MR
Staff Report Page Six
September 23, 2014 - Special Planning Commission Meeting
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 industrial development and did not require the creation of
a separate parcel to meet the distance separation requirement. 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 monitored for continuous compliance with this requirement.
*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 there are no external sign on the
submitted building elevations and the fustification letter indicates the client does not
intend on having any external signs.
*9. The Special Use Permit shall be void without Iurther action iI the uses ceases Ior a
period exceeding 90 days.
SUP-55219
MR
Staff Report Page Seven
September 23, 2014 - Special Planning Commission Meeting
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 within a 943 square-Ioot tenant space located within an industrial
district located along Highland Drive. The subject site does not meet the minimum Title 19
parking requirement Ior the proposed use; however, Title 19 parking requirements do not
automatically apply as the project is located in the Industrial Corridor overlay district oI the Las
Vegas Downtown Centennial Plan. There is ample street parking within a two block radius to
provide Ior the two parking spaces required Ior this site. Other than the Minimum Special Use
Permit Requirements Iound within Title 19.12, there are no special development requirements
pertaining to the site.
The subject site is located within 500 Ieet oI a city boundary; thereIore, the request is deemed a
Project oI Regional SigniIicance. The required documents have been completed and distributed
to the appropriate agency; however, no comments were returned.
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-55219)
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-55219
MR
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 20,000 square-Ioot industrial building that has access to Highland
Drive. This site contains parking Ior all uses, and the proposed use does not generate the
need Ior any additional parking spaces beyond what has been provided onsite or within
a two block radius oI the subject site.
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 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 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 72
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Agenda tem No.: 14.
AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING Consent Discussion
SUB1ECT:
SUP-55220 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: PLANET
PROPERTIES, LLC - OWNER: BOULEVARD MEDICAL, LLC - For possible action on a
request Ior a Special Use Permit FOR A PROPOSED 19,057 SQUARE-FOOT MEDICAL
MARIJUANA CULTIVATION FACILITY at 2900 Highland Drive (APN 162-09-202-009), 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-55220
MR
AGENDA MEMO - PLANNING
SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: PLANET PROPERTIES, LLC - OWNER:
BOULEVARD MEDICAL, LLC
`` STAFF RECOMMENDATION(S) ``
CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55220 StaII recommends APPROVAL, subject to conditions:
N/A
`` CONDITIONS ``
SbF-55220 CONDIIIONS
Planning
1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Medical
Marijuana Cultivation Facility use.
2. Approval oI and conIormance to the Conditions oI Approval Ior Rezoning (Z-0072-71)
shall be required.
3. An air Iiltration system to be designed by a Nevada licensed engineer shall be provided
prior to the issuance oI a certiIicate oI occupancy.
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.
6. 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.
SUP-55220
MR
Conditions Page Two
September 23, 2014 - Special Planning Commission Meeting
7. The Director shall review the plans and approve any modiIications in compliance with this
chapter prior to the commencing oI any construction oI modiIications.
8. 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.
9. 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.
10. 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.
11. 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.
12. Approval oI this Special Use Permit does not constitute approval oI a medical marijuana
Iacility license.
13. This business shall operate in conIormance to Chapter 6.95 oI the City oI Las Vegas
Municipal Code.
14. 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.
15. 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.
16. All medical marijuana products shall remain in the original manuIacturer's conIiguration
intended Ior oII-sale.
17. 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.
18. ConIormance to all regulations pertaining to Medical Marijuana Establishment Iound
within Nevada Revised Statute 453A and Nevada Administrative Code NAC 453A.
SUP-55220
MR
Conditions Page Three
September 23, 2014 - Special Planning Commission Meeting
19. 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.
20. All City Code requirements and design standards oI all City departments must be satisIied,
except as modiIied herein.
Public Works
21. 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-55220
MR
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 2900 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 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-55220
MR
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.
Most Recent Change of Ownership
07/16/07 A deed was recorded Ior a change in ownership.
Pre-Application Work Croup
06/16/14
A pre-application workgroup meeting was 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 revealed that the existing
pre-manuIactured steel structure on a site was Iree oI trash and debris.
Details of Application Request
Site Area
Net Acres 0.98
Surrounding
Property
Existing Land Use Per
1itle 19.12
Planned or Special
Land Use
Designation
Existing Zoning District
Warehouse/Distribution
Center
Subject Property
Contractor`s Plant,
Shop & Storage Yard
LI/R (Light
Industry/Research)
M (Industrial)
North
Warehouse/Distribution
Center
LI/R (Light
Industry/Research)
M (Industrial)
South
Warehouse/Distribution
Center
LI/R (Light
Industry/Research)
M (Industrial)
SUP-55220
MR
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
Warehouse/Distribution
Center
LI/R (Light
Industry/Research)
M (Industrial)
West Railroad Right-OI-Way N/A
Master Plan Areas Compliance
Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Industrial Overlay 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
Secondary
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
Medical
Marijuana
Production
Facility
943 SF 1/500 SF 2
Medical
Marijuana
Cultivation
Facility
19,057 SF 1/1000 20
TOTAL SPACES REQUIRED 22
20
Y*
Regular and Handicap Spaces Required 21 1 19 1 Y*
Loading Spaces 1 2 Y
SUP-55220
MR
Staff Report Page Four
September 23, 2014 - Special Planning Commission Meeting
*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.
Wall Signs:
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage Zero Y
Maximum Area 30 SF Zero Y
Maximum Height 2 Feet Zero Y
Illumination
Internal
(Neon Prohibited)
None
Y
*No external signage is proposed Ior this project.
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, 'Boulevard
Medical, LLC will provide its customers with high medicinal marijuana. All cultivated yields
will be produced Irom the highest grade strains oI marijuana allowing us to oIIer signiIicant
variety to our customers. Quality control Irom planting, cultivation and harvesting to delivery is
our Iirst priority. The Iloor plan illustrates a 19,057 square-Ioot Medical Marijuana Cultivation
Facility with 12,539 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.
SUP-55220
MR
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 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 2 of Parcel Map File 21 Page 20 located on the east side of Highland Drive south of
Red Oak Avenue.
*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 industrial development and did not require the creation of
a separate parcel to meet the distance separation requirement. 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.
SUP-55220
MR
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. 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 there are no external signs on the
submitted building elevations and the fustification letter indicates the client does not
intend on providing external signage.
*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 19,057 square-Ioot tenant space located within an
industrial district along Highland Drive. The subject site does not meet the minimum Title 19
parking requirement Ior the proposed use; however, Title 19 parking requirements do not
automatically apply as the project is located in the Industrial Corridor overlay district oI the Las
Vegas Downtown Centennial Plan. There is ample street parking within a two block radius to
provide Ior the two additional parking spaces required Ior this site. Other than the Minimum
Special Use Permit Requirements Iound within Title 19.12, there are no special development
requirements pertaining to the site.
The subject site is located within 500 Ieet oI a city boundary; thereIore, the request is deemed a
Project oI Regional SigniIicance. The required documents have been completed and distributed
to the appropriate agency; however, no comments were returned.
SUP-55220
MR
Staff Report Page Seven
September 23, 2014 - Special Planning Commission Meeting
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-55220)
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 20,000 square-Ioot building that has access to Highland Drive. This
site contains parking Ior all uses, and the proposed use does not generate the need Ior
any additional parking spaces beyond what has been provided onsite or within a two
block radius oI the subject site.
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 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 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-55220
MR
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 72
APPROVALS 0
PROTESTS 0
S
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Agenda tem No.: 15.
AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING Consent Discussion
SUB1ECT:
SUP-55225 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: ENCANTO
GREEN CROSS - OWNER: SAHARA EDMOND PLAZA, LLC - For possible action on a
request Ior a Special Use Permit FOR A PROPOSED 1,250 SQUARE-FOOT MEDICAL
MARIJUANA DISPENSARY at 5310 West Sahara Avenue, Suite B (APN 163-01-804-006), 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. 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. Survey CertiIication
6. JustiIication Letter
SUP-55225
MR
AGENDA MEMO - PLANNING
SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: ENCANTO GREEN CROSS - OWNER: SAHARA
EDMOND PLAZA, LLC
`` STAFF RECOMMENDATION(S) ``
CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55225 StaII recommends APPROVAL, subject to conditions:
N/A
`` CONDITIONS ``
SbF-55225 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 Rezoning (Z-0032-82)
and Site Development Plan Review (SDR-47291) shall be required.
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 building elevations, date
stamped 07/31/14 and sign elevations and Iloor plan, date stamped 08/28/14, 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-55225
MR
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-55225
MR
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 5310 West Sahara Avenue, Suite B. 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 with 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.
The site has an existing parking Variance to allow 57 parking spaces where 105 are required.
Also, the site is parking impaired, pursuant to Title 19.18.030(D).
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
09/15/82
The Board oI City Commissioners approved a Rezoning (Z-0032-82) request
Irom N-U (Non-Urban) to C-1 (Limited Commercial) with the proposed use
oI dental oIIices and laboratory. The Planning Commission and staII
recommended approval.
10/23/84
The City Planning Commission approved a Plot Plan Review (Z-0032-82)
request Ior a retail shop and one two-oIIice building on the property generally
located on the northwest corner oI Potosi Street and Sahara Avenue. StaII
recommended approval.
SUP-55225
MR
Staff Report Page Two
September 23, 2014 - Special Planning Commission Meeting
Related Relevant City Actions by P&D, Fire, Bldg., etc
04/24/86
The Board oI Zoning Adjustments approved a parking Variance (V-0037-86)
request to allow 57 Parking Spaces where 105 are required (a reduction oI 48
required parking) at 5300 and 5310 West Sahara Avenue.
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.
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, with conditions, Ior the proposed Medical Marijuana Dispensary.
Most Recent Change of Ownership
03/28/12 A deed was recorded Ior a change in ownership.
Pre-Application Work Croup
06/19/14
A pre-application workgroup meeting was 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 revealed that the
proposed suite is vacant and existing retail center has a number oI temporary
signs on site. Temporary Sing Permit (TSP-55089) permits said signs.
SUP-55225
MR
Staff Report Page Three
September 23, 2014 - Special Planning Commission Meeting
Details of Application Request
Site Area
Net Acres 1.02
Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
General Retail Store,
Other Than Listed
Liquor
Establishment
(Tavern)
Subject Property
OIIice, Medical or
Dental
MXU (Mixed Use)
C-1 (Limited
Commercial)
North Parking Facility MXU (Mixed Use)
P-R (ProIessional OIIice
and Parking)
South
Moto Vehicle Sales
(New)
CG (General
Commercial) - Clark
County
C-2 (General
Commercial) - Clark
County
East Health Club MXU (Mixed Use)
West
OIIice, Other than
Listed
MXU (Mixed Use)
P-R (ProIessional OIIice
and Parking)
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 Y
Las Vegas Redevelopment Plan Area N/A
Project oI SigniIicant Impact (Development Impact NotiIication Assessment) Y
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
Sahara Avenue Primary Arterial
Planned Streets and
Highways Map
120 Y
SUP-55225
MR
Staff Report Page Four
September 23, 2014 - Special Planning Commission Meeting
Pursuant to 1itle 19.8 and 19.12, the following parking standards apply: Medical Marijuana
Dispensary Facility
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
1,250 SF 1/175 SF
Liquor
Establishment
(Tavern)
Seating area
3,600 SF
1/50 SF
1/200 SF
General Retail
Store, Other
Than Listed
2,350 SF 1/175 SF
2,000 SF 1/200 OIIice,
Medical or
Dental
12,324 SF 1/175 SF
*57
TOTAL SPACES REQUIRED 57*
58
Y*
Regular and Handicap Spaces Required 58 56 2 Y*
*The site is parking impaired as detailed in Title 19.18.030 (D) and has a parking Variance (V-
0037-86) to allow 57 parking spaces where 105 were required.
(Medical Marijuana Dispensary)
Wall Signs:
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage 1 Y
Maximum Area 30 SF 30 SF Y
Maximum Height 2 Feet 2 Feet Y
Illumination
Internal
(Neon Prohibited)
Internal Illumination
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,
Encanto Green Cross intends 'to sell medical marijuana. The Iloor plan illustrates a 1,250
square-Ioot Medical Marijuana Dispensary with 481 square Ieet oI waiting, queuing and
SUP-55225
MR
transaction space. Per the submitted justiIication letter and Iloor plan, the proposed use meets the
deIinition outlined above.
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 line of
Lot 2 of Parcel Map File 21 Page 74 located on the northwest corner of Sahara Avenue
and Potosi 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-55225
MR
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 an existing commercial development and did not require the creation
of a separate parcel to meet the distance separation requirement. 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.
SUP-55225
MR
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 will comply with this requirement as it a Downtown Design Review
Committee (DDRC) approved the proposed sign with a Condition of Approval that limits
the si:e area to 30 square feet in area and not to exceed two feet tall and 15 feet in
length. Additionally, a revised sign elevation was received on 08/28/14, that complies
with the DDRC Condition of 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.
*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 with
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.
SUP-55225
MR
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.
Staff Report Page Eight
September 23, 2014 - Special Planning Commission Meeting
The proposed use would be placed within a 1,250 square-Ioot tenant space located within a retail
building, located along Sahara Avenue and Postosi Street. The subject site is parking impaired,
as deIined by Title 19.18.030(D) and the prior use (oI General Retail Store other than listed) has
the same parking requirement as the proposed use (Medical Marijuana Dispensary). The DDRC
approved the proposed sign with a Condition oI Approval that limits the sign size to a maximum
height oI two Ieet, length oI 15 Ieet and an overall area oI 30 square Ieet. 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-55225)
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 multi-story oIIice and medical oIIice building and an inline multi-
tenant building with general retail and a tavern. This site has 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 Sahara Avenue, a
100-Ioot Primary Arterial and secondary access is provided Irom Potosi Street, a 60-
Ioot Collector. Both streets provide adequate capacity to serve the proposed
development.
SUP-55225
MR
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.
SUP-55225
MR
Staff Report Page Nine
September 23, 2014 - Special Planning Commission Meeting
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 18
NOTICES MAILED 156
APPROVALS 0
PROTESTS 0
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Agenda tem No.: 16.
AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING Consent Discussion
SUB1ECT:
SUP-55233 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: INTEGRAL
ASSOCIATES, LLC - OWNER: CHETAK DEVELOPMENT, LLC - For possible action on a
request Ior a Special Use Permit FOR A PROPOSED 2,542 SQUARE-FOOT MEDICAL
MARIJUANA DISPENSARY at 2307 South Las Vegas Boulevard (APN 162-03-410-007), C-2
(General Commercial) Zone, Ward 3 (CoIIin). 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-55233
RG
AGENDA MEMO - PLANNING
SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: INTEGRAL ASSOCIATES, LLC - OWNER:
CHETAK DEVELOPMENT, LLC
`` STAFF RECOMMENDATION(S) ``
CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55233 StaII recommends APPROVAL, subject to conditions:
N/A
`` CONDITIONS ``
SbF-55233 CONDIIIONS
Planning
1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Medical
Marijuana Dispensary use.
2. ConIormance to the associated Iinal recommendation oI the Downtown Design Review
Committee (DDRC) 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, building and sign elevations, date stamped 08/11/14, 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-55233
RG
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-55233
RG
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 2,542 square-Ioot Medical
Marijuana Dispensary to be located at 2307 South Las Vegas 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 Establishment
would be permitted to be established at this site.
ISSUES
The Medical Marijuana Dispensary use is permitted within a C-2 (General 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 by the Downtown Design Review Committee (DDRC) on August 26, 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-55233
RG
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 the building elevations
and signage Ior the proposed Medical Marijuana Dispensary.
Most Recent Change of Ownership
07/01/02 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 routine Iield check was conducted by staII and Iound a vacant retail space.
Details of Application Request
Site Area
Net Acres 1.88
Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property
Motel, Wedding
Chapel, Gun Club,
Skeet, Target Range
(Indoor)
C (Commercial)
C-2 (General
Commercial)
North Motel, Restaurant C (Commercial)
C-2 (General
Commercial)
SUP-55233
RG
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 Parking Garage C (Commercial)
C-2 (General
Commercial)
East
Restaurant, General
Retail
C (Commercial)
C-2 (General
Commercial)
Beer/Wine/Cooler
OII-Sale
Establishment
West
Motel, Restaurant
C (Commercial)
C-2 (General
Commercial)
Master Plan Areas Compliance
Beverly Green / Southridge Neighborhood Y
Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Overlay District Y
G-O (Gaming Enterprise Overlay) District Y
A-O (Airport Overlay) District Y
Las Vegas Boulevard Scenic Byway Overlay District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area Y
Project oI SigniIicant Impact (Development Impact NotiIication Assessment) Y
Project oI Regional SigniIicance Y
DEVELOPMENT STANDARDS
Street Name
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Las Vegas
Boulevard
Parkway Arterial
Master Plan oI Streets
and Highway
100 It N*
*Per Master Plan of Streets and Highway, Las Jegas Boulevard, is a Parkway Arterial that is be
120 feet wide.
SUP-55233
RG
Staff Report Page Four
September 23, 2014 - Special Planning Commission Meeting
Pursuant to 1itle 19.8 and 19.12, the following parking standards apply: Medical Marijuana
Dispensary Facility
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
2,542 SF 1/175 SF 15
Motel 62 rooms
One
space/room
62
Wedding
Chapel
1,050 SF 1/150 SF 7
Gun Club,
Skeet or
Target Range,
(Indoor)
4,225 SF 1/250 SF 17
General Retail 11,448 SF 1/175 SF 66
TOTAL SPACES REQUIRED 167
98
Y*
Regular and Handicap Spaces Required 161 6 94 4 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.
Wall Signs: [West Elevation]
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage 1 Y
Maximum Area 30 SF 7.5 SF Y
Maximum Height 2 Feet 2 Y
Illumination
Internal
(Neon Prohibited)
Internal LED 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 proposed 2,542 square-Ioot Medical Marijuana Dispensary will operate during 6:00 AM until
10:00 PM. The Iloor plan illustrates a 2,542 square-Ioot Medical Marijuana Dispensary with 678
SUP-55233
RG
square Ieet oI waiting, queuing and transaction space. Per the submitted justiIication letter and
Iloor plan, the proposed use meets the deIinition outlined above.
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 line of
(Portion of Lots 9 and 10, Block 2 Meadows Addition, Portion of Lots 17 through 22,
Block 2, located north of the northeast corner of Las Jegas Boulevard and Sahara
Avenue).
* 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-55233
RG
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 proposed use meets this requirement, as the measurement to the protected uses was
determined using the specified method in Requirement Three. 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-55233
RG
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 7.5 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 approved subfect to
conditions by the Downtown Design Review Committee (DDRC) on August 26, 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-55233
RG
Staff Report Page Eight
September 23, 2014 - Special Planning Commission Meeting
The proposed use would be placed within a 2,542 square-Ioot tenant space located within a
developed commercial property located along Las Vegas Boulevard. The subject site is located
within the Las Vegas Downtown Centennial Plan area, and is not subject to the automatic
application oI parking requirements. Other than the Minimum Special Use Permit Requirements
Iound within Title 19.12, there are no special development requirements pertaining to the site.
The subject site is located within 500 Ieet oI a City boundary; thereIore, the request is deemed a
Project oI Regional SigniIicance. The required documents have been completed and distributed
to the appropriate agency; however, no comments were returned.
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-55233)
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 Hotel, Wedding Chapel, Indoor Shooting Range and General Retail
establishments. This site contains adequate parking Ior all uses located within the Las
Vegas Downtown Centennial Plan, 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 Las Vegas
Boulevard, a 100-Ioot Parkway Arterial that has adequate capacity to serve the
proposed use, as depicted on the Master Plan oI Streets and Highway.
SUP-55233
RG
Staff Report Page Nine
September 23, 2014 - Special Planning Commission Meeting
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 18
NOTICES MAILED 960
APPROVALS 0
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Agenda tem No.: 17.
AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING Consent Discussion
SUB1ECT:
VAR-55258 - VARIANCE - PUBLIC HEARING - APPLICANT: PREMIUM PRODUCE
CITY, LLC - OWNER: WOODROW P. PORTER - For possible action on a request Ior a
Variance TO ALLOW ZERO PARKING SPACES WHERE FOUR ADDITIONAL PARKING
SPACES ARE REQUIRED at 707 THROUGH 711 North Main Street (APN 139-27-704-001),
M (Industrial) Zone, Ward 5 (Barlow). StaII recommends DENIAL.
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 DENIAL. II Approved subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps VAR-55258 and SUP-55242
2. Conditions and StaII Report
2. Supporting Documentation
3. Photos VAR-55258 and SUP-55242
4. JustiIication Letters