# 5 ) UN NORTH LAS VEGAS DISPENSARY SPECIAL USE PERMIT EXTENSION OF TIME PUBLIC HEARING

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Louise Mitchell
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1 STAFF REPORT # 5 ) UN NORTH LAS VEGAS DISPENSARY SPECIAL USE PERMIT EXTENSION OF TIME PUBLIC HEARING To: Planning Commission Meeting date: December 9, 2015 Item: UN Prepared by: Marc Jordan GENERAL INFORMATION: Applicant: Owner: Requested action: Purpose: Location: Waveseer of Las Vegas, LLC; David Rosen CEO Decatur Plaza LLC Approval of an extension of time for an existing special use permit To allow a Medical Marijuana Dispensary 5530 N Decatur Boulevard Parcel Number(s): Lot area: Comprehensive Plan: Existing land use and zoning: 3,000 + square feet Community Commercial Commercial Center; C-2, General Commercial Surrounding land use and zoning: North: Commercial Retail; C-2, General Commercial District East: Undeveloped; C-2, General Commercial District South: Single Family Residential; PUD, Planned Unit Development District West: Single-Family Residential; R-PD8, City of Las Vegas Residential Planned Development District

2 BACKGROUND INFORMATION: The applicant is requesting Planning Commission consideration for an extension of time for a previously approved special use permit to allow a medical marijuana dispensary. The special use permit was originally approved by the City Council on October 14, 2014, subject to four conditions. The applicant has not indicated that any changes are proposed to the original submittal. The applicant has received a provisional license from the State for the proposed use. According to the site plan, the applicant is proposing to occupy a portion of an existing building wherein the dispensary will be approximately 3,000 square feet. The applicant intends to utilize all 3,000 square feet as space for operations related to the dispensing of medical marijuana. The commercial retail center in which the dispensary will be located was constructed in The existing building has a beige stucco exterior and silver metal awning. It appears that one primary entrance will be provided that will front the parking lot. Additional ingress/egress doors are shown on the north elevation. The floor plan identifies the location of the dispensary, lobby/waiting area, restrooms, employee break room, office, medical vault, and equipment room and storage area. The proposed dispensary is located within a commercial retail center that complies with the Title 17 parking requirements. There are 26 parking spaces directly in front of the proposed facility including two accessible parking spaces. As stated in the original letter of intent, the dispensary will have discreet and professional signage, unobstructed windows, and professionally designed security system with 24-hour per day professional security personnel presence. The letter of intent does indicate the hours of operation will be 7 a.m. to 12 a.m. However, when this item was considered by the City Council, a new condition was added authorizing the Director of Community Development Compliance to set the hours of operation. DEPARTMENT COMMENTS: Public Works Department: Fire Department: Building Safety Division: Police Department: Please see the attached memorandum. Please see the attached memorandum. Please see the attached memorandum. Please see the attached memorandum. ANALYSIS: A medical marijuana dispensary is permitted within the C-2, General Commercial District with the approval of a special use permit. According to Title 17, the following requirements must be demonstrated.

3 Distance Separation Requirements: The applicant must submit a survey from a Nevada licensed surveyor that demonstrates the proposed establishment meets the separation requirements of 1,000 from a school, 300 feet from a community facility, and 1,000 feet from another dispensary. The submitted survey indicates that these requirements have been met. Separate, Stand Alone Building or Facility: According to the site plan, the applicant is proposing to locate the proposed establishment in one (1) suite of this commercial retail center. Appropriately Zoned: The subject site has the appropriate zoning of C-2, General Commercial District. Specific Use of the Facility: The applicant is proposing a medical marijuana dispensary. Neither the letter of intent nor site plan indicates other activities, other than a dispensary. A Single Entrance: According to the floor plan, it appears that one entrance is proposed. The other entrances appear to be additional ingress/egress doors for life safety. No Outside Storage: The site plan does not indicate that outside storage is proposed as part of this use. Minimum Square Footage: The proposed dispensary will be approximately 3,000 square feet in size. Therefore, the minimum size criteria of 1,500 square feet for a dispensary has been met. Appearance: The facility must have an appearance, both as to the interior and exterior that is professional, orderly, dignified and consistent with pharmacies or medical offices. The applicant is proposing to occupy a suite within an existing commercial retail center. The exterior of the building appears to be consistent with that of a medical office. In addition to the above requirements, there are several other requirements the applicant would need to comply with that cannot be determined with the submittal of a land use request. Those requirements include, but are not limited to maintaining discreet and professional signage, not obstructing windows, complying with life safety requirements, and ensuring there is no emission of dust, fumes, vapors, or odors. Requirements for Approval of a Special Use Permit In accordance with the Zoning Ordinance, the Planning Commission may, by motion, grant a special use permit if the Planning Commission finds, from the evidence presented, that all of the following facts exist: 1. The proposed use is consistent with the Comprehensive Master Plan and all applicable provisions of this Code and applicable State and Federal regulations;

4 2. The proposed use is consistent with the purpose and intent of the zoning district in which it is located and any applicable use-specific standards and criteria in Chapter of this Code; 3. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (such as, but not limited to, hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts); 4. Any significant adverse impacts anticipated to result from the use will be mitigated or offset to the maximum extent practicable; and 5. Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection, and roads and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development. Staff has no objections to the proposed use. The proposed use is consistent with the zoning designation, and also appears to be consistent with the criteria set for a medical marijuana establishment. In regards to compatibility with the surrounding properties, the applicant will need to ensure on an on-going basis that noise, odor, dust, or other external impacts do not negatively impact the surrounding properties. Furthermore, prior to issuance of any tenant improvements or the issuance of a business license, the applicant will need to ensure that appropriate facilities and services are in place. RECOMMENDATION: The Community Development and Compliance Department recommends that UN be approved subject to the following conditions: Planning and Zoning: 1. That, unless expressly authorized through a variance, waiver or another approved method, this development shall comply with all applicable codes and ordinances. 2. Standard operating hours shall be determined by the Community Development and Compliance Director. Police Department: 3. All applications must follow State of Nevada requirements for facility security. 4. Police Department approval is contingent upon submittal of a security plan to the Police Department, which will be verified with a site visit.

5 ATTACHMENTS: Site Photos Public Works Department Memorandum Fire Department Memorandum Building Safety Division Memorandum Building Safety Division Memorandum dated November 10, 2015 Police Department Memorandum Police Department Memorandum dated November 3, 2015 Letter of Intent for an Extension of Time Original Letter of Intent City Council Notice of Final Action Impact Assessment Site Plan Floor Plan Building Elevations Clark County Assessor s Map Location and Zoning Map

6 Site Photos

STAFF REPORT. To: Planning Commission Meeting date: August 10, 2016 Item: UN Prepared by: Marc Jordan. To allow a massage establishment

STAFF REPORT. To: Planning Commission Meeting date: August 10, 2016 Item: UN Prepared by: Marc Jordan. To allow a massage establishment # 11 ) UN-48-16 LILAC MASSAGE SPECIAL USE PERMIT MASSAGE ESTABLISHMENT PUBLIC HEARING STAFF REPORT To: Planning Commission Meeting date: August 10, 2016 Item: UN-48-16 Prepared by: Marc Jordan GENERAL