Nye County BOCC Public Hearing Staff Report; SU-14-0009 July 16, 2014 Page 2 of 5 Findings for SU-14-0009 based upon Nye County Code Chapter 17.06 Medical Marijuana Establishments: The application is a complete submittal which includes all required documents such as a site plan, business plan, etc. The proposed use is located within a zoning district which allows for medical marijuana establishments. The subject property is designated as General Commercial within the adopted (2003 Pahrump Regional Planning District Master Plan-as amended; the General Commercial designation is intended to allow for activities involving the sale of goods and services, including large-scale retailers, hotels, restaurants, gas stations, malls, casinos, and similar uses. A professional land surveyor licensed by the State of Nevada has provided a statement that the proposed site is 1,000 feet from a public or private school, 300 feet from any existing residential building and 300 feet from any community facility. Scoring Findings: 1. Criteria: A sufficient and viable financial plan has been submitted showing the resources of the applicant and proof the applicant has adequate funds to support the business plan as presented. Finding: The application submitted provides financial plan information which identifies the resources of the applicants in order to demonstrate adequate funds to support the applicant s business plan. 2. Criteria: A sufficient and viable electronic verification system, inventory control system, and measures for adequate building security and fire protection have been presented. Finding: The application contains information pertaining to electronic verification system, inventory control systems, and measures for building security and fire protection. 3. Criteria: An adequate transportation plan that addresses product security during the transport of medical marijuana from seed to sale has been presented. Finding: The application contains information pertaining to product security during transportation. 4. Criteria: The capability to provide safe and secure packaging of medical marijuana products that would assist in reducing the exposure of children to the dangers of medical marijuana has been presented. Finding: The application contains information regarding product safety and packaging. 5. Criteria: The design of the proposed establishment will have a professional appearance and will be compatible with the existing or future uses in the proposed area of development. Finding: The establishment is located within an existing commercial building, is professional in appearance and is considered compatible with the existing and future uses in the proposed area of development. 6. Criteria: Crime or other factors in the area of the proposed medical marijuana establishment do not pose an undue threat to the security of the proposed establishment, its product, employees or prospective patrons. Finding: Crime or other factors in the area of the proposed medical marijuana establishment do not pose an undue threat to the security of the proposed establishment, its product, employees or prospective patrons. 7. Criteria: (For dispensaries only) The proposed dispensary will provide convenient access to those authorized to use medical marijuana, and will allow for the sufficient distribution of marijuana for medical use. Finding: N/A this is an application for a cultivation facility.
Nye County BOCC Public Hearing Staff Report; SU-14-0009 July 16, 2014 Page 3 of 5 LAND USE MATRIX CURRENT ZONING (if applicable) LAND USE PLAN DESIGNATION (PRPD Master Plan, Nye County Comprehensive/Master Plan, Amargosa Valley Area Plan) CURRENT LAND USE SITE General Commercial (GC) General Commercial Developed commercial NORT H General Commercial (GC) General Commercial Developed commercial SOUT H General Commercial (GC) General Commercial Developed commercial EAST General Commercial (GC) General Commercial Developed commercial WEST General Commercial (GC) General Commercial Developed commercial External Comments: The Town of Pahrump has been notified of this application. All owners of property located within 300 feet, and all owners of the 30 nearest parcels to the subject property have been notified of this application. ANALYSIS Application Details: This application is a request for approval of a special use permit for a medical marijuana establishment (cultivation) in a General Commercial (GC) zoning district located in Pahrump using an 8,750 square foot portion of an existing 12,500 square foot commercial building. The subject property is located within a utility tariff area, for the provision of water and sewer services. Supplemental information pertaining to building compliance, sanitation, security, recordkeeping, inventory control, operation plan, organic growing methods, environmental plan, quality assurance, product, production process, inspections and community and economic development and a letter of community support has been provided. Approval of a Special Use Permit requires a simple majority vote of the Board. Zoning: The subject property is zoned General Commercial (GC), which is a zoning district which allows for medical marijuana establishments according to Nye County Code Section 17.06.030. Distance Separations: The applicant has submitted a statement indicating that the proposed use complies with all distance separation requirements (separation from schools, parks, churches, etc.). MANDATORY CONDITIONS OF APPROVAL The approval of any special use permit authorizing the operation of a medical marijuana establishment must contain at a minimum the following conditions: 1. The special use permit grantee must provide to the Nye County Planning Director a copy of the registration certificate issued by the State of Nevada prior to commencing operations.
Nye County BOCC Public Hearing Staff Report; SU-14-0009 July 16, 2014 Page 4 of 5 2. The establishment must continue to meet all requirements for a medical marijuana establishment to qualify for and maintain its certificate of registration as set forth by State law. 3. The establishment must comply with all operating procedures required by State law. 4. The establishment must prohibit anyone from consuming marijuana on the premises. 5. If the establishment has signage, the signage shall be limited to one wall sign not to exceed two square feet in size. 6. The establishment must prohibit anyone under the age of eighteen years on the premises. 7. The establishment must prohibit medical marijuana activities including, without limitation, cultivating, growing, processing, displaying, selling or storage from being conducted outdoors. 8. All cultivation or production of marijuana that a cultivation facility carries out or causes to be carried out must take place in an enclosed facility. 9. The establishment must prevent medical marijuana or paraphernalia from being displayed or kept in a manner that is visible from outside the facility. 10. The establishment must install security surveillance cameras that monitor all entrances, along with the interior and exterior of the premises. Recordings from these cameras must be maintained in a retrievable manner for at least 90 days from the date recorded. 11. The establishment must install and maintain in good working condition robbery and burglary alarm systems. 12. The establishment must post a legible sign inside the facility stating that: a. The use or distribution of marijuana is a violation of federal law. b. The possession, use, or distribution of marijuana for non-medical purposes is a violation of state law. c. Consumption of marijuana on the premises is prohibited. d. No one under the age of eighteen years is permitted on the premises. 13. The special use permit grantee shall record a notarized affidavit in which the grantee acknowledges that the operation of a medical marijuana establishment is a violation of federal law. 14. The special use permit grantee shall record a notarized statement in which the grantee agrees to hold Nye County harmless against any federal law enforcement actions that may result from the activities of the medical marijuana establishment that is the subject of the conditional use permit. SPECIAL CONDITIONS OF APPROVAL 15. If the State of Nevada, Division of Public and Behavioral Health, issues a Medical Marijuana Establishment (MME) Provisional Registration Certificate for the establishment for which the special use permit was granted by December 31, 2015, then the establishment must commence operations within 18 months of the date of issuance of the Provisional Registration Certificate otherwise the special use permit will expire. If the State of Nevada does not issue a MME Provisional Registration Certificate for the establishment for which the special use permit was granted by December 31, 2015 the special use permit will expire. 16. Property owner/applicant/grantee shall obtain all required local and state approvals, building permits, plan reviews, inspections, etc., for the establishment. 17. The special use permit grantee shall provide to the Planning Department prior to commencement of the establishment a copy of the recorded notarized affidavit in which the grantee acknowledges that the operation of the medical marijuana establishment is a violation of federal law.
Nye County BOCC Public Hearing Staff Report; SU-14-0009 July 16, 2014 Page 5 of 5 18. The special use permit grantee shall provide to the Planning Department prior to commencement of the establishment a copy of the recorded notarized statement in which the grantee agrees to hold Nye County harmless against any federal law enforcement actions that may result from the activities of the medical marijuana establishment.
Powerline Rd Board of County Commissioners -- Floyd's Construction, Owner / Green Life Productions, Applicant BOCC HEARING -- 16 JUL 2014 -- SU-14-0009 Station Wy Loop Rd Smith Dr Postal Rd Postal Dr Carlton St Commercial Dr Nevada Rt 160 Ë EXHIBIT "A" -- AREA ZONING NOTIFIED PROPERTIES 500 FOOT BUFFER GC; General Commercial CM; Commercial Manufacturing DEPARTMENT OF PLANNING Pahrump Regional Planning District (PRPD) The information shown hereon is approximate and for exhibit use only. Nye County is not responsible for any claims, injuries or liabilities resulting from the use of htis document beyond the prupose for which it is intended. This drawing is not to scale.
Powerline Rd Board of County Commissioners -- Floyd's Construction, Owner / Green Life Productions, Applicant BOCC HEARING -- 16 JUL 2014 -- SU-14-0009 Station Wy Loop Rd Smith Dr Postal Rd Postal Dr Carlton St Commercial Dr Nevada Rt 160 Ë EXHIBIT "B" -- MASTER PLAN CATEGORIES NOTIFIED PROPERTIES 500 FOOT BUFFER GC: General Commercial MU: Mixed Use DEPARTMENT OF PLANNING Pahrump Regional Planning District (PRPD) The information shown hereon is approximate and for exhibit use only. Nye County is not responsible for any claims, injuries or liabilities resulting from the use of htis document beyond the prupose for which it is intended. This drawing is not to scale.
Board of County Commissioners -- Floyd's Construction, Owner / Green Life Productions, Applicant BOCC HEARING -- 16 JUL 2014 -- SU-14-0009 Loop Rd Smith Dr Station Wy Postal Dr Postal Rd Powerline Rd Carlton St Commercial Dr da va Ne Ë Rt 0 16 EXHIBIT "C" -- AERIAL PERSPECTIVE NOTIFIED PROPERTIES 500 FOOT BUFFER DEPARTMENT OF PLANNING Pahrump Regional Planning District (PRPD) The information shown hereon is approximate and for exhibit use only. Nye County is not responsible for any claims, injuries or liabilities resulting from the use of htis document beyond the prupose for which it is intended. This drawing is not to scale.
Board of County Commissioners -- Floyd's Construction, Owner / Green Life Productions, Applicant BOCC HEARING -- 16 JUL 2014 -- SU-14-0009 Loop Rd Carlton St Ë EXHIBIT "D" -- CLOSE UP AERIAL DEPARTMENT OF PLANNING Pahrump Regional Planning District (PRPD) The information shown hereon is approximate and for exhibit use only. Nye County is not responsible for any claims, injuries or liabilities resulting from the use of htis document beyond the prupose for which it is intended. This drawing is not to scale.