Nye County BOCC Public Hearing Staff Report; SU-14-0023 July 16, 2014 Page 2 of 4 Findings for SU-14-0023 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. Proposed use is located in an area of Nye County that does not have an established zoning map/zoning ordinance. The subject property is designated as Rural Density Residential within the adopted Amargosa Valley Area Plan and designated as private - undeveloped within the 2011 Nye County Comprehensive Master Plan Map 4 Existing Land Use based on the Nye County Assessor s database dated June 2010; the Rural Density Residential designation purpose is to designate residential type of uses, creating very large rural-residential parcels in the valley where improved access is limited and/or areas that are mapped as a potential flood hazard area. This category includes smaller-scale farming/ranching operations at very low rural densities consistent with rural characteristics. The RDR designation should be applied to provide appropriate transitions/buffering between differing land use intensities with varying acreages being applied as appropriate. The Rural Density Residential designation objective is large to very large residential lots with wide open spaces and ample separation between neighboring uses designated to accommodate the American West lifestyle combining agricultural, farming and ranching, and residential uses. Business activity may function at levels significantly greater that a home-based business such that the residential use may be considered to be secondary or accessory to the commercial activity taking place on the same property. The proposed use complies with all distance separation requirements (separation from schools, parks, churches, etc.). 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 contains information pertaining to a financial 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 a security plan. 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 a transportation plan. 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 does not contain information pertaining to safe and secure 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 application contains information pertaining to a site plan. 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: The application contains information pertaining to a compliance plan.
Nye County BOCC Public Hearing Staff Report; SU-14-0023 July 16, 2014 Page 3 of 4 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: not applicable CURRENT ZONING (if applicable) LAND USE MATRIX LAND USE PLAN DESIGNATION (Amargosa Valley Area Plan) CURRENT ASSESSOR S LAND USE CODE FOR TAXING PURPOSES SITE Not applicable Rural Density Residential 100 Vacant unknown NORTH Not applicable Rural Density Residential 100 Vacant unknown SOUTH Not applicable Rural Density Residential 100 Vacant unknown EAST Not applicable Rural Density Residential 100 Vacant unknown WEST Not applicable Rural Density Residential 100 Vacant unknown External Comments: The Town of Amargosa Valley 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 Low Density Residential designation (Amargosa Valley Area Plan) located in Amargosa Valley. Approval of a Special Use Permit requires a simple majority vote of the Board. Zoning: parcel is located in an area of Nye County that does not have an established zoning map/zoning ordinance. Distance Separations: The applicant has submitted a statement and drawing 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. 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.
Nye County BOCC Public Hearing Staff Report; SU-14-0023 July 16, 2014 Page 4 of 4 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 special 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. 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. 19. Parcel is located in floodzone A (no base flood elevations determined) Flood Insurance Rate Map #32023C8375E dated February 17, 2010. Any new construction shall be in accordance with Nye County Code Chapter 15.12 Flood Damage Prevention.
Board of County Commissioners -- AMI Land Group 80 LLC, Owner / Nye Farm Tech, LTD, Applicant BOCC HEARING -- 16 JUL 2014 -- SU-14-0023 Wolf Ct Mesquite St Mojave Rd Quail Dr Palo Verde Rd Amargosa Farm Rd Diablo Dr Campfire St SUBJECT PROPERTY Trails End Rd Ë EXHIBIT "A" -- AERIAL PERSPECTIVE SUBJECT PROPERTY NOTIFIED PROPERTIES 2500 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 -- AMI Land Group 80 LLC, Owner / Nye Farm Tech, LTD, Applicant Quail Dr BOCC HEARING -- 16 JUL 2014 -- SU-14-0023 Amargosa Farm Rd Campfire St SUBJECT PROPERTY Ë EXHIBIT "B" -- 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.