Вы находитесь на странице: 1из 746

Planning Commission September 30, 2014 - Page 1

SPECIAL PLANNING COMMISSION AGENDA


COUNCIL CHAMBERS 495 SOUTH MAIN STREET PHONE 229-6011
CITY OF LAS VEGAS INTERNET ADDRESS: www.lasvegasnevada.gov

LAS VEGAS CITY COUNCIL

Mayor Carolyn G. Goodman, (At-Large)
Mayor Pro-Tem Stavros S. Anthony, (Ward 4)
Councilwoman Lois Tarkanian, (Ward 1)
Councilman Steven D. Ross, (Ward 6)
Councilman Ricki Y. Barlow (Ward 5)
Councilman Bob Coffin, (Ward 3)
Councilman Bob Beers, (Ward 2)
City Manager Elizabeth N. Fretwell

COMMISSIONERS

Gus W. Flangas, Chair
Todd L. Moody, Vice Chair
Byron Goynes
Richard Truesdell
Vicki Quinn
Trinity Haven Schlottman
Richard P. Bonar


Facilities are provided throughout City Hall for convenience of persons with disabilities. For meetings held in the
Council Chambers, sound equipment is available for persons with hearing impairments. If you need an accommodation
to attend and participate in this meeting, please call the DEPARTMENT DESIGNEE at (702) 229-6301 and advise of
your need at least 48 hours in advance of the meeting. Dial 7-1-1 for Relay Nevada.

September 30, 2014
3:00 PM
ITEMS MAY BE TAKEN OUT OF THE ORDER PRESENTED AT THE DISCRETION OF THE CHAIRPERSON. TWO OR
MORE AGENDA ITEMS FOR CONSIDERATION MAY BE COMBINED; AND ANY ITEM ON THE AGENDA MAY BE
REMOVED OR RELATED DISCUSSION MAY BE DELAYED AT ANY TIME. BACKUP MATERIAL FOR THIS AGENDA
MAY BE OBTAINED FROM CHRYSTAL J ACOBS, DEPARTMENT OF PLANNING, 333 NORTH RANCHO DRIVE, 3
RD

FLOOR, (702)-229-6301 OR ON THE CITYS WEBPAGE AT www.lasvegasnevada.gov.

NOTICE: This meeting has been properly noticed and posted at the following locations:

City Hall, 495 South Main Street, 1
st
Floor
Clark County Government Center, 500 South Grand Central Parkway
Grant Sawyer Building, 555 East Washington Avenue
City of Las Vegas Development Services Center, 333 North Rancho Drive

ACTIONS: ALL ACTIONS EXCEPT GENERAL PLAN AMENDMENTS, REZONINGS AND RELATED
CASES THERETO ARE FINAL UNLESS AN APPEAL IS FILED BY THE APPLICANT OR AN
AGGRIEVED PERSON, OR A REVIEW IS REQUESTED BY A MEMBER OF THE CITY
COUNCIL WITHIN TEN DAYS AND PAYMENT OF THOSE COSTS SHALL BE MADE UPON
FILING OF THE APPLICATION.

ANY ITEM LISTED IN THIS AGENDA MAY BE TAKEN OUT OF ORDER IF SO REQUESTED
BY THE APPLICANT, STAFF, OR A MEMBER OF THE PLANNING COMMISSION AND
AGREED TO BY THE PLANNING COMMISSION. THE PLANNING COMMISSION MAY
IMPOSE TIME LIMITATIONS, AS NECESSARY, ON THOSE PERSONS WISHING TO BE
HEARD ON ANY AGENDAED ITEM.

Planning Commission September 30, 2014 - Page 2

PLANNING COMMISSION MEETING RULES OF CONDUCT:

1. Staff will present each item to the Commission in order as shown on the agenda, along with a recommendation and
suggested conditions of approval, if appropriate.

2. The applicant is asked to be at the public microphone during the staff presentation. When the staff presentation is
complete, the applicant should state his name and address, and indicate whether or not he accepts staffs conditions of
approval.

3. If areas of concern are known in advance, or if the applicant does not accept staffs condition, the applicant or his
representative is invited to make a brief presentation of his item with emphasis on any items of concern.

4. Persons other than the applicant who support the request are invited to make brief statements after the applicant. If
more than one supporter is present, comments should not be repetitive. A representative is welcome to speak and
indicate that he speaks for others in the audience who share his view.

5. Objectors to the item will be heard after the applicant and any other supporters. All who wish to speak will be heard,
but in the interest of time it is suggested that representatives be selected who can summarize the views of any groups
of interested parties.

6. After all objectors input has been received; the applicant will be invited to respond to any new issues raised.

7. Following the applicants response, the public hearing will be closed; Commissioners will discuss the item amongst
themselves, ask any questions they feel are appropriate, and proceed to a motion and decision on the matter.

8. Letters, petitions, photographs and other submissions to the Commission will be retained for the record. Large maps,
models and other materials may be displayed to the Commission from the microphone area, but need not be handed in
for the record unless requested by the Commission.

As a courtesy, we would ask those not speaking to be seated and not interrupt the speaker or the Commission. We appreciate
your courtesy and hope you will help us make your visit with the Commission a good and fair experience.


BUSINESS ITEMS:

1. CALL TO ORDER

2. ANNOUNCEMENT: COMPLIANCE WITH OPEN MEETING LAW

3. ROLL CALL

4. PUBLIC COMMENT DURING THIS PORTION OF THE AGENDA MUST BE LIMITED TO MATTERS ON THE
AGENDA FOR ACTION. IF YOU WISH TO BE HEARD, COME TO THE PODIUM AND GIVE YOUR NAME FOR
THE RECORD. THE AMOUNT OF DISCUSSION, AS WELL AS THE AMOUNT OF TIME ANY SINGLE
SPEAKER IS ALLOWED, MAY BE LIMITED

5. FOR POSSIBLE ACTION - Any Items from the Planning Commission, staff and/or the applicant wish to be stricken or
held in abeyance to a future meeting may be brought forward and acted upon at this time.

CONSENT ITEMS:

CONSENT ITEMS ARE CONSIDERED ROUTINE BY THE PLANNING COMMISSION AND MAY BE ENACTED BY ONE
MOTION. HOWEVER, ANY ITEM MAY BE DISCUSSED IF A COMMISSION MEMBER OR APPLICANT SO DESIRES.

Planning Commission September 30, 2014 - Page 3

ONE MOTION - ONE VOTE

THE FOLLOWING ARE ITEMS THAT MAY BE CONSIDERED IN ONE MOTION/ONE VOTE. THEY ARE CONSIDERED
ROUTINE NON-PUBLIC AND PUBLIC HEARING ITEMS. ALL PUBLIC HEARINGS AND NON-PUBLIC HEARINGS
WILL BE OPENED AT ONE TIME. ANY PERSON REPRESENTING AN APPLICATION OR A MEMBER OF THE PUBLIC
OR A MEMBER OF THE PLANNING COMMISSION NOT IN AGREEMENT WITH THE CONDITIONS AND ALL
STANDARD CONDITIONS FOR THE APPLICATION RECOMMENDED BY STAFF, SHOULD REQUEST TO HAVE
THAT ITEM REMOVED FROM THIS PART OF THE AGENDA.

PUBLIC HEARING ITEMS

6. SUP-55103 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: MEDIFARM, LLC - OWNER: DKM
DEVELOPMENT, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED 3,939
SQUARE-FOOT MEDICAL MARIJ UANA DISPENSARY at 1921 Western Avenue (APN 162-04-703-009), M
(Industrial) Zone, Ward 3 (Coffin). Staff recommends APPROVAL.

7. SUP-55104 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: RG HIGHLAND ENTERPRISES
INC., LLC - OWNER: 1916 HIGHLAND PROPERTIES, LTD - For possible action on a request for a Special Use
Permit FOR A PROPOSED 8,900 SQUARE-FOOT MEDICAL MARIJ UANA CULTIVATION FACILITY at 1916
Highland Avenue (APN 162-04-301-005), M (Industrial) Zone, Ward 3 (Coffin). Staff recommends APPROVAL.

8. SUP-55187 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: ACRES MEDICAL, LLC -
OWNER: 2320 WESTERN, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED 5,182
SQUARE-FOOT MEDICAL MARIJ UANA DISPENSARY at 2320 Western Avenue (APN 162-04-404-003), M
(Industrial) Zone, Ward 3 (Coffin). Staff recommends APPROVAL.

9. SUP-55189 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: ACRES MEDICAL, LLC -
OWNER: 2320 WESTERN, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED
12,590 SQUARE-FOOT MEDICAL MARIJ UANA CULTIVATION FACILITY at 2320 Western Avenue (APN 162-04-
404-003), M (Industrial) Zone, Ward 3 (Coffin). Staff recommends APPROVAL.

10. SUP-55190 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: ACRES MEDICAL, LLC -
OWNER: 2320 WESTERN, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED 449
SQUARE-FOOT MEDICAL MARIJ UANA PRODUCTION FACILITY at 2320 Western Avenue (APN 162-04-404-
003), M (Industrial) Zone, Ward 3 (Coffin). Staff recommends APPROVAL.

11. VAR-55879 - VARIANCE - PUBLIC HEARING - APPLICANT: PRIMO DISPENSARY OWNER: WORLD
WELLNESS GROUP, LLC - For possible action on a request for a Variance TO ALLOW 57 PARKING SPACES
WHERE 69 PARKING SPACES ARE REQUIRED on 1.30 acres at 3110, 3120 South Valley View Boulevard (APN 162-
08-401-012), M (Industrial) Zone, Ward 1 (Tarkanian). Staff recommends DENIAL.

12. SUP-55208 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: PRIMO DISPENSARY - OWNER:
WORLD WELLNESS GROUP, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED
1,500 SQUARE-FOOT MEDICAL MARIJ UANA DISPENSARY at 3120 South Valley View Boulevard, Suite B (APN
162-08-401-012), M (Industrial) Zone, Ward 1 (Tarkanian). Staff recommends DENIAL.

13. SUP-55234 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: BLOSSOM GROUP, LLC -
OWNER: LEIGH LYNN & JAMES, LLC - For possible action on a request for a Special Use Permit FOR A
PROPOSED 962 SQUARE-FOOT MEDICAL MARIJ UANA DISPENSARY at 810 South 4th Street (APN 139-34-410-
124), C-2 (General Commercial) Zone, Ward 3 (Coffin). Staff recommends APPROVAL.

14. SUP-55248 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: QUALCAN OF LAS VEGAS -
OWNER: PLAZA LAS AMERICAS HOLDINGS, LLC - For possible action on a request for a Special Use Permit
FOR A PROPOSED 2,760 SQUARE-FOOT MEDICAL MARIJ UANA DISPENSARY at 546 North Eastern Avenue,
Suite #155 and #160 (APN 139-36-110-040), C-1 (Limited-Commercial) Zone, Ward 3 (Coffin). Staff recommends
APPROVAL.

Planning Commission September 30, 2014 - Page 4

15. SUP-55253 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: GREENMART OF NEVADA, LLC -
OWNER: 1510 COMPANY - For possible action on a request for a Special Use Permit FOR A PROPOSED 1,280
SQUARE-FOOT MEDICAL MARIJ UANA DISPENSARY at 1512 South Main Street (APN 162-03-210-013), C-2
(General Commercial) Zone, Ward 3 (Coffin). Staff recommends APPROVAL.

16. SUP-55264 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: CLARK NMSD, LLC - OWNER:
PROVIEW SERIES 11, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED 2,800
SQUARE-FOOT MEDICAL MARIJ UANA DISPENSARY at 1324 South 3rd Street (APN 162-03-110-137), C-2
(General Commercial) Zone, Ward 3 (Coffin). Staff recommends APPROVAL.

17. SDR-55265 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-55264 - PUBLIC HEARING -
APPLICANT: CLARK NMSD, LLC - OWNER: PROVIEW SERIES 11, LLC - For possible action on a request for a
Site Development Plan Review FOR A PROPOSED 2,800 SQUARE-FOOT MEDICAL MARIJ UANA DISPENSARY
AND A WAIVER OF THE DOWNTOWN CENTENNIAL PLAN DEVELOPMENT STANDARDS TO ALLOW A
BUILDING TO HAVE A ZERO PERCENT ALIGNMENT ALONG THE FRONT PROPERTY LINE WHERE 70
PERCENT IS REQUIRED on 0.33 acres at 1324 South 3rd Street (APN 162-03-110-137), Ward 3 (Coffin). Staff
recommends APPROVAL.

18. SUP-55272 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: COMMERCE PARK MEDICAL,
LLC - OWNER: MW, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED 9,750
SQUARE-FOOT MEDICAL MARIJ UANA DISPENSARY at 1112 South Commerce Street (APN 162-04-506-007), M
(Industrial) Zone, Ward 3 (Coffin). Staff recommends APPROVAL.

19. SUP-55275 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: PARADISE WELLNESS CENTER,
LLC - OWNER: CHETAK DEVELOPMENT CORPORATION, LLC - For possible action on a request for a Special
Use Permit FOR A PROPOSED 3,680 SQUARE-FOOT MEDICAL MARIJ UANA DISPENSARY at 2242, 2244 and
2246 Paradise Road (APNs 162-03-411-009, 010, and 011), C-2 (General Commercial) Zone, Ward 3 (Coffin). Staff
recommends APPROVAL.

20. SUP-55277 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: GB SCIENCES NEVADA, LLC -
OWNER: WOLFSON MEDICAL CENTER DOWNTOWN, LLC - For possible action on a request for a Special Use
Permit FOR A PROPOSED 4,188 SQUARE-FOOT MEDICAL MARIJ UANA DISPENSARY at 921 South Las Vegas
Boulevard, Suite #100 (APNs 139-34-410-167, 168 and 169), C-2 (General Commercial) Zone, Ward 3 (Coffin). Staff
recommends APPROVAL.

21. SUP-55280 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: PHYSIS ONE, LLC - OWNER:
LGC 231, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED 1,868 SQUARE-FOOT
MEDICAL MARIJ UANA DISPENSARY at 231 West Charleston Boulevard, Suites #110 and #120 (APN 162-04-504-
011), M (Industrial) Zone, Ward 3 (Coffin). Staff recommends APPROVAL.

22. SUP-55282 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: NEVADA WELLNESS PROJECT,
LLC - OWNER: FIVE GUYS ON THIRD, LLC - For possible action on a request for a Special Use Permit FOR A
PROPOSED 1,960 SQUARE-FOOT MEDICAL MARIJ UANA DISPENSARY at 823 South 3rd Street (APN 139-34-
410-105), C-2 (General Commercial) Zone, Ward 3 (Coffin). Staff recommends DENIAL.

23. SUP-55284 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: BUFFALO CENTER MEDICAL
ADVOCATES, LLC - OWNER: SSG PROPERTIES, LLC - For possible action on a request for a Special Use Permit
FOR A PROPOSED 1,630 SQUARE-FOOT MEDICAL MARIJ UANA DISPENSARY at 1591 North Buffalo Drive,
Suite #130 (APN 138-28-501-009), C-1 (Limited Commercial) Zone, Ward 2 (Beers). Staff recommends APPROVAL.

24. SUP-55287 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: NULEAF CULTIVATION CLV,
LLC - OWNER: POZEMKI, LLC - For possible action on a request for a Special Use Permit FOR A PROPOSED
21,307 SQUARE-FOOT MEDICAL MARIJ UANA CULTIVATION FACILITY at 1018 South Commerce Street (APN
139-33-801-006), M (Industrial) Zone, Ward 3 (Coffin). Staff recommends APPROVAL.

25. SUP-55288 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: TOPPHARM, LLC - OWNER:
JAMES L & JULIE M GUBLER TRUST - For possible action on a request for a Special Use Permit FOR A
PROPOSED 1,212 SQUARE-FOOT MEDICAL MARIJ UANA DISPENSARY at 1615 South Las Vegas Boulevard
(APN 162-03-210-060), C-2 (General Commercial) Zone, Ward 3 (Coffin). Staff recommends APPROVAL.

Planning Commission September 30, 2014 - Page 5

26. SUP-55300 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: SERENITY WELLNESS CENTER,
LLC - OWNER: 1800 INDUSTRIAL, LLC - For possible action on a request for a Special Use Permit FOR A
PROPOSED 4,969 SQUARE-FOOT MEDICAL MARIJ UANA DISPENSARY at 1800 Industrial Road, Suites #102,
#160 and #180 (APN 162-04-704-003), M (Industrial) Zone, Ward 3 (Coffin). Staff recommends APPROVAL.

27. SUP-55313 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: INFINITE WELLNESS INC. -
OWNER: N.Y.P. CORPORATION - For possible action on a request for a Special Use Permit FOR A PROPOSED
7,070 SQUARE-FOOT MEDICAL MARIJ UANA CULTIVATION FACILITY at 2750 Highland Drive, Suite E (APN
162-09-202-001), M (Industrial) Zone, Ward 1 (Tarkanian). Staff recommends APPROVAL.

28. SUP-55316 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: GLOBAL GREEN ENTERPRISES,
LLC - OWNER: E AND I, INC. - For possible action on a request for a Special Use Permit FOR A PROPOSED 4,250
SQUARE-FOOT MEDICAL MARIJ UANA DISPENSARY at 827 South Las Vegas Boulevard, Suite A (APN 139-34-
410-171), C-2 (General Commercial) Zone, Ward 3 (Coffin). Staff recommends APPROVAL.

CITIZENS PARTICIPATION:

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



Agenda tem No.: 1.


AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING

SUB1ECT:
CALL TO ORDER


Agenda tem No.: 2.


AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING

SUB1ECT:
ANNOUNCEMENT: COMPLIANCE WITH OPEN MEETING LAW


Agenda tem No.: 3.


AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING

SUB1ECT:



Agenda tem No.: 4.


AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING

SUB1ECT:
PUBLIC COMMENT DURING THIS PORTION OF THE AGENDA MUST BE LIMITED TO
MATTERS ON THE AGENDA FOR ACTION. IF YOU WISH TO BE HEARD, COME TO
THE PODIUM AND GIVE YOUR NAME FOR THE RECORD. THE AMOUNT OF
DISCUSSION, AS WELL AS THE AMOUNT OF TIME ANY SINGLE SPEAKER IS
ALLOWED, MAY BE LIMITED



Agenda tem No.: 5.



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

SUBJECT:
Any items Irom the Planning Commission, staII and/or the applicant wish to be stricken or held
in abeyance to a Iuture meeting may be brought Iorward and acted upon at this time.


Agenda tem No.: 6.



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

SUB1ECT:
SUP-55103 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: MEDIFARM,
LLC - OWNER: DKM DEVELOPMENT, LLC - For possible action on a request Ior a Special
Use Permit FOR A PROPOSED 3,939 SQUARE-FOOT MEDICAL MARIJUANA
DISPENSARY at 1921 Western Avenue (APN 162-04-703-009), M (Industrial) Zone, Ward 3
(CoIIin). StaII recommends APPROVAL.

C.C.: 10/29/2014

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-55103
JG

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: MEDIFARM LLC - OWNER: DKM
DEVELOPMENT, LLC


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55103 StaII recommends APPROVAL, subject to conditions: N/A


`` CONDITIONS ``


SbF-55103 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, sign elevations and Iloor plan,
date stamped 07/17/14, and building elevations date stamped 09/02/14, 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-55103
JG

Conditions Page Two
September 30, 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-55103
JG
Staff Report Page One
September 30, 2014 - Special Planning Commission Meeting



`` STAFF REPORT ``



PRO1ECT DESCRIPTION

This application is a request Ior a Special Use Permit Ior a proposed 3,939 square-Ioot Medical
Marijuana Dispensary to be located at 1921 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-55103
JG

Staff Report Page Two
September 30, 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
10/17/05 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 commercial
building with some trash and debris in the parking lot.


Details of Application Request
Site Area
Net Acres 1.31

SUP-55103
JG

Staff Report Page Three
September 30, 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/OIIice, Other
than Listed/Towing
and Impound
Yard/Tattoo Parlor
LI/R (Light
Industry/Research)
M (Industrial)
North
Towing and
Impound
Yard/Bailbond
Service/General
Retail Store, Other
than Listed
LI/R (Light
Industry/Research)
M (Industrial)
South
General Retail Store,
Other than
Listed/OIIice, Other
than Listed
LI/R (Light
Industry/Research)
M (Industrial)
East Taxicab/Limo Yard
LI/R (Light
Industry/Research)
M (Industrial)
West
Building
Maintenance Service
and Sales/Auto
Repair Garage,
Minor
LI/R (Light
Industry/Research)
M (Industrial)


Master Plan Areas Compliance
Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Overlay District (Industrial Corridor District) Y
A-O (Airport Overlay) District (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

SUP-55103
JG

Staff Report Page Four
September 30, 2014 - Special Planning Commission Meeting



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


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
3,939 SF 1/175 SF 23



Parking Requirement
Required Provided Compliance
Parking Parking
Use
Cross Floor
Area or
Number of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
OIIice, Other
than Listed
2,550 SF 1/300 SF 9

Towing and
Impound Yard
1,275 SF
1 per each
employee,
plus 1
space Ior
each tow
truck
stationed
at the
Iacility
4*
approxi
mately


Tattoo Parlor 1,276 SF 1/250 SF 6
TOTAL SPACES REQUIRED 42

42

Y
Regular and Handicap Spaces Required 40 2 39 3 Y
Loading
Spaces


1 0 N*
SUP-55103
JG

Staff Report Page Four
September 30, 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 1 Y
Maximum Area 30 SF 15 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,
'the proposed business operator oI the Medical Marijuana Dispensary, MediFarm, is particularly
well-qualiIied to operate a saIe and successIul Medical Marijuana Dispensary in the City oI Las
Vegas. MediFarm`s team members have extensive experience in developing successIul
companies and working within the medical marijuana industry. Its human resources assets
include industry-speciIic patient therapy knowledge, Iamiliarity with product manuIacturing,
involvement in successIul community and political awareness campaigns, and engagement in
positive community outreach. The proposed hours oI operation are Monday thru Wednesday
10:00 a.m. to 8:00 p.m., Thursday thru Saturday 10:00 a.m. to 10:00 p.m. and Sunday 11:00 a.m.
to 7:00 p.m. The Iloor plan illustrates a 3,939 square-Ioot Medical Marijuana Dispensary with
1,044 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.
SUP-55103
JG

Staff Report Page Five
September 30, 2014 - Special Planning Commission Meeting



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

* 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 propertv line of
a portion of the northwest quarter (NW1/4), of the southeast quarter (SE1/4) of section 4,
township 21 south, range 61 east, M.D.B.&M.

* 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.
SUP-55103
JG

Staff Report Page Six
September 30, 2014 - Special Planning Commission Meeting



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

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

The use complies and will be subfect to this requirement.

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

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

*6. 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 onlv one public access point to the proposed Medical
Marifuana Dispensarv.

*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 have been reviewed and approved subfect to condition bv 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.
SUP-55103
JG

Staff Report Page Seven
September 30, 2014 - Special Planning Commission Meeting



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 bv 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.


The proposed use would be placed within a 3,939 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-55103)

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.
SUP-55103
JG

Staff Report Page Eight
September 30, 2014 - Special Planning Commission Meeting



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 9,040 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 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.

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 282


APPROVALS 0


PROTESTS 0
S
U
P
-

1
0
3

-

A
P
P
L
I
C
A
N
T
:


M
E
D
I
F
A
R
M


L
L
C

-

O
W
N
E
R
:


D
k
M

D
E
V
E
L
O
P
M
E
N
T


L
L
C

1
9
Z
1

W
E
S
T
E
R
N

A
V
E
N
U
E



S
U
P
-

1
0
3

-

A
P
P
L
I
C
A
N
T
:


M
E
D
I
F
A
R
M


L
L
C

-

O
W
N
E
R
:


D
k
M

D
E
V
E
L
O
P
M
E
N
T


L
L
C

1
9
Z
1

W
E
S
T
E
R
N

A
V
E
N
U
E






Agenda tem No.: 7.



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

SUB1ECT:
SUP-55104 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: RG HIGHLAND
ENTERPRISES INC., LLC - OWNER: 1916 HIGHLAND PROPERTIES, LTD - For possible
action on a request Ior a Special Use Permit FOR A PROPOSED 8,900 SQUARE-FOOT
MEDICAL MARIJUANA CULTIVATION FACILITY at 1916 Highland Avenue (APN 162-
04-301-005), M (Industrial) Zone, Ward 3 (CoIIin).

C.C.: 10/29/2014

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

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-55104
JG

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: RG HIGHLAND ENTERPRISES INC., LLC -
OWNER: 1916 HIGHLAND PROPERTIES, LTD


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55104 StaII recommends APPROVAL, subject to conditions: N/A


`` CONDITIONS ``


SbF-55104 CONDIIIONS

Planning

1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Medical
Marijuana Cultivation Facility 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. 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
07/17/14, 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-55104
JG

Conditions Page Two
September 30, 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 Cultivation
Facility be removed.

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

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

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-55104
JG

Conditions Page Three
September 30, 2014 - Special Planning Commission Meeting



Public Works

19. 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-55104
JG
Staff Report Page One
September 30, 2014 - Special Planning Commission Meeting



`` STAFF REPORT ``



PRO1ECT DESCRIPTION

This application is a request Ior a Special Use Permit Ior a proposed 8,900 square-Ioot Medical
Marijuana Cultivation Facility to be located at 1916 Highland Avenue. The subject site complies
with all minimum distance requirements as set Iorth by Title 19.12 and thereIore the use can be
conducted in a compatible and harmonious manner with the existing surrounding land uses and
Iuture land uses as projected by the General Plan. As such, StaII recommends approval oI the
proposed use with standard conditions. II denied, no Medical Marijuana Cultivation Facility
would be permitted to be established at this site.


ISSUES

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


BACKGROUND INFORMATION

Related Relevant City Actions by P&D, Fire, Bldg., etc
05/21/14
City Council approved Text Amendment (TXT-52502) to amend LVMC
Chapter 19.12 related to Permitted Uses and Chapter 19.18 related to
DeIinitions and Measures to add Medical Marijuana Dispensaries, Facilities
Ior the Production oI Edible Marijuana Products or Marijuana InIused
Products and Marijuana Cultivation Facilities as permissible uses by adding
zoning district applicability, descriptions and deIinitions Ior these activities as
they are contemplated by SB 374 oI the Nevada Revised Statues and to
provide Ior other related matters. Ordinance No. 6321.
SUP-55104
JG

Staff Report Page Two
September 30, 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
12/19/03 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 graIIiti on the building.


Details of Application Request
Site Area
Net Acres 0.30


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property
Building
Maintenance Service
and Sales
LI/R (Light
Industry/Research)
M (Industrial)
North
Building
Maintenance Service
and Sales
LI/R (Light
Industry/Research)
M (Industrial)
South
ManuIacturing,
Light
LI/R (Light
Industry/Research)
M (Industrial)
SUP-55104
JG
Staff Report Page Three
September 30, 2014 - Special Planning Commission Meeting



Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
East
Building
Maintenance Service
and Sales
LI/R (Light
Industry/Research)
M (Industrial)
West I-15 I-15 (ROW) I-15 (ROW)


Master Plan Areas Compliance
Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Overlay District (Industrial Corridor District) Y
A-O (Airport Overlay) District (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
Highland Drive Collector Street
Master Plan oI Streets
and Highways
60 Feet Y


Pursuant to 1itle 19.8 and 19.12, the following parking standards apply:
Parking Requirement
Required Provided Compliance
Parking Parking
Use
Cross Floor
Area or
Number of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Medical
Marijuana
Cultivation
Facility
8,900 SF 1/1000 SF 9

TOTAL SPACES REQUIRED 9

9

Y
Regular and Handicap Spaces Required 8 1 8 1 Y
Loading
Spaces
1 0 N*
SUP-55104
JG

Staff Report Page Four
September 30, 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.


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, 'this
cultivation Iacility will produce raw, unprocessed cannabis leaI and other plant material Ior
distribution to other MMEs to dispense or manuIacture Medical Marijuana products. The Iloor
plan illustrates an 8,900 square-Ioot Medical Marijuana Cultivation Facility with 7,712 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 propertv, as well as there are no individual care centers licensed for more than
12 children, communitv recreational facilities (public) or Citv parks or churches/houses
of worship within 300 feet of the subfect propertv.

*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.
SUP-55104
JG

Staff Report Page Five
September 30, 2014 - Special Planning Commission Meeting



The proposed use meets this requirement, measurement is taken from the propertv line of
a portion of the northeast quarter (NE1/4), of the southwest quarter (SW1/4) of section 4,
township 21 south, range 61 east, M.D.B.&M.

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

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

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

The use complies and will be subfect to this requirement.

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

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

*6. An air Iiltration system to be designed by a Nevada licensed engineer shall be
provided prior to the issuance oI a CertiIicate oI Occupancy.
SUP-55104
JG

Staff Report Page Six
September 30, 2014 - Special Planning Commission Meeting



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

*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.

*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 an 8,900 square-Ioot standalone building located
within a developed industrial property, located along Highland 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-55104)

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-55104
JG

Staff Report Page Seven
September 30, 2014 - Special Planning Commission Meeting



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

The site contains an 8,900 square-Ioot industrial building. 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 Cultivation Facility, can be accessed Irom Highland
Avenue, a 60-Ioot Collector Street, 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 Cultivation Facility use will be subject to regular City
and County inspections Ior licensing and will thereIore not compromise the public health,
saIety, and general welIare or any objective oI the General Plan.

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

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



NEIGHBORHOOD ASSOCIATIONS NOTIFIED 24


NOTICES MAILED 250


APPROVALS 0


PROTESTS 0

S
U
P
-

1
0
4

-

A
P
P
L
I
C
A
N
T
:


R
S

H
I
S
H
L
A
N
D

E
N
T
E
R
P
R
I
S
E
S

I
N
C
,


L
L
C

-

O
W
N
E
R
:


1
9
1


H
I
S
H
L
A
N
D

P
R
O
P
E
R
T
I
E
S


L
T
D

1
9
1


H
I
S
H
L
A
N
D

D
R
I
V
E



S
U
P
-

1
0
4

-

A
P
P
L
I
C
A
N
T
:


R
S

H
I
S
H
L
A
N
D

E
N
T
E
R
P
R
I
S
E
S

I
N
C
,


L
L
C

-

O
W
N
E
R
:


1
9
1


H
I
S
H
L
A
N
D

P
R
O
P
E
R
T
I
E
S


L
T
D

1
9
1


H
I
S
H
L
A
N
D

D
R
I
V
E



S
U
P
-

1
0
4

-

A
P
P
L
I
C
A
N
T
:


R
S

H
I
S
H
L
A
N
D

E
N
T
E
R
P
R
I
S
E
S

I
N
C
,


L
L
C

-

O
W
N
E
R
:


1
9
1


H
I
S
H
L
A
N
D

P
R
O
P
E
R
T
I
E
S


L
T
D

1
9
1


H
I
S
H
L
A
N
D

D
R
I
V
E



S
U
P
-

1
0
4

-

A
P
P
L
I
C
A
N
T
:


R
S

H
I
S
H
L
A
N
D

E
N
T
E
R
P
R
I
S
E
S

I
N
C
,


L
L
C

-

O
W
N
E
R
:


1
9
1


H
I
S
H
L
A
N
D

P
R
O
P
E
R
T
I
E
S


L
T
D

1
9
1


H
I
S
H
L
A
N
D

D
R
I
V
E






Agenda tem No.: 8.



AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
DIRECTOR: FLINN FAGG Consent Discussion

SUB1ECT:
SUP-55187 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: ACRES
MEDICAL, LLC - OWNER: 2320 WESTERN, LLC - For possible action on a request Ior a
Special Use Permit FOR A PROPOSED 5,182 SQUARE-FOOT MEDICAL MARIJUANA
DISPENSARY at 2320 Western Avenue (APN 162-04-404-003), M (Industrial) Zone, Ward 3
(CoIIin). StaII recommends APPROVAL.

C.C.: 10/29/2014

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-55187
GK

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: ACRES MEDICAL, LLC - OWNER: 2320
WESTERN, LLC


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55187 StaII recommends APPROVAL, subject to conditions: N/A


`` CONDITIONS ``


SbF-55187 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. 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.

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.
SUP-55187
GK

Conditions Page Two
September 30, 2014 - Special Planning Commission Meeting



6. All development shall be in conIormance with the site plan date stamped 08/04/14, the
Iloor plan date stamped 08/18/14 and building and sign elevations 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.

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.
SUP-55187
GK

Conditions Page Three
September 30, 2014 - Special Planning Commission Meeting



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-55187
GK
Staff Report Page One
September 30, 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 2320 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-55187
GK
Staff Report Page Two
September 30, 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
06/25/09 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 routine Iield check and noted a well maintained vacant
commercial building. The subject site was Iree oI trash, debris and graIIiti.


Details of Application Request
Site Area
Net Acres 1.43


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property Vacant
LI/R (Light
Industrial/Research)
M (Industrial)
North
Mini-Storage
Facility
LI/R (Light
Industrial/Research)
M (Industrial)
SUP-55187
GK

Staff Report Page Three
September 30, 2014 - Special Planning Commission Meeting



Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
General Retail
South Recreational Vehicle
and Boat Storage
LI/R (Light
Industrial/Research)
M (Industrial)
OIIice, Other Than
Listed East
General Retail
LI/R (Light
Industrial/Research)
M (Industrial)
West
OIIice, Other than
Listed
LI/R (Light
Industrial/Research)
M (Industrial)


Master Plan Areas Compliance
Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Overlay District - Industrial Corridor District Y
A-O (Airport Overlay) District - 140 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
60 Feet N
Highland Drive Collector Street
Master Plan oI Streets
and Highways
60 Feet Y

SUP-55187
GK

Staff Report Page Four
September 30, 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
5,182 SF 1/175 SF 30
Medical
Marijuana
Cultivation
Facility
12,590 SF 1/1000 SF 13
Medical
Marijuana
Production
Facility
449 SF 1/500 SF 1


TOTAL SPACES REQUIRED 44

81

Y
Regular and Handicap Spaces Required 42 2 77 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: [tvpe in sign reference]
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)
Internally
Illuminated
Y
* The applicant is also requesting separate Special Use Permits for a Medical Marifuana
Cultivation Facilitv (SUP-55189) and a Medical Marifuana Production Facilitv (SUP-55190)
within the existing building. The applicant is onlv proposing signage for the Medical Marifuana
Dispensarv use.

SUP-55187
GK

Staff Report Page Five
September 30, 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,
that the proposed use is a patient Iocused education Iacility that is dedicated to providing
premium medical marijuana products Ior authorized patients with debilitating conditions. The
Iloor plan illustrates a 5,182 square-Ioot Medical Marijuana Dispensary with 4,980 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 propertv, as well as there are no individual care centers licensed for more than
12 children, communitv recreational facilities (public) or Citv parks or churches/houses
of worship within 300 feet of the subfect propertv.

* 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 propertv line
located approximatelv 360 feet south of the southwest corner of Western Avenue and
Highland 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-55187
GK

Staff Report Page Six
September 30, 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 onlv one public access point to the proposed Medical
Marifuana Dispensarv.
SUP-55187
GK

Staff Report Page Seven
September 30, 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 subfect site contains an existing 18,221 square-foot commercial building. In addition
to the proposed 5,182 square-foot Medical Marifuana Dispensarv use, the applicant is
proposing to locate a 12,590 square-foot Medical Marifuana Cultivation Facilitv (SUP-
55189) and a 449 square-foot Medical Marifuana Production Facilitv (SUP-55190)
within the subfect commercial building. According to the submitted floor plan, date
stamped 08/18/14, there is no proposed interior access between the proposed uses.
Although a condition of approval has been added requiring the applicant to meet with
staff to develop a comprehensive address plan and develop three distinct tenant spaces,
the applicant is onlv proposing signage for the Medical Marifuana Dispensarv use.
Furthermore, onlv the signage for the proposed Medical Marifuana Dispensarv use was
approved bv the Downtown Design Review Committee. The proposed use complies with
requirement 8, as the submitted building and sign elevations illustrate the location and
si:e of one 30 square-foot internallv illuminated wall sign per street frontage.

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

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

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

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

*11. Elevations and signage must Iirst be reviewed by the Downtown Design Review
Committee established pursuant to LVMC 19.10.100(D)(1) prior to any public hearing
Ior a Special Use Permit. The review will be perIormed in accordance with the
procedures set Iorth in LVMC 19.10.100(D), as in the case oI reviews normally
perIormed by that Committee, but measuring compliance instead with the substantive
standards Ior elevations and signage pertaining to dispensaries that are set Iorth in this
Title or that have been established administratively by the Director.
SUP-55187
GK

Staff Report Page Eight
September 30, 2014 - Special Planning Commission Meeting



The proposed building elevations and signage were reviewed and approved bv 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.

The proposed use would be placed within a 5,182 square-Ioot tenant space located within an
existing 18,221 square-Ioot commercial building located along Western Avenue. The applicant is
also requesting separate Special Use Permits Ior a Medical Marijuana Cultivation Facility
(SUP-55189) and a Medical Marijuana Production Facility (SUP-55190) within the existing
building. II approved, the submitted Iloor plan details no interior access between uses within the
building. A condition oI approval has been added requiring the applicant meet with staII to
develop a comprehensive address plan to create three distinct tenant spaces Ior each Medical
Marijuana use. Although there will be three separate tenant spaces with three separate Iront
entrances, the applicant is only proposing signage Ior the Medical Marijuana Dispensary use.
Furthermore, only the two proposed signs Ior the Medical Marijuana Dispensary use have been
reviewed and approved by the Downtown Design Review Committee.

The subject site Iacilitates the required parking Ior the proposed Medical Marijuana Dispensary
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-55187)

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.
SUP-55187
GK

Staff Report Page Nine
September 30, 2014 - Special Planning Commission Meeting



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 18,221 square-Ioot commercial building. The proposed
Medical Marijuana Dispensary use would locate within a 5,182 square-Ioot tenant space.
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 use can be accessed Irom Western Avenue, a
60-Ioot wide Major Collector, which has adequate capacity to serve the proposed
development. Secondary access is also provided Irom Highland Drive, a 60-Ioot wide
Collector, 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 24


NOTICES MAILED 219


APPROVALS 0


PROTESTS 0
S
U
P
-

7

-

A
P
P
L
I
C
A
N
T
:


A
C
R
E
S

M
E
D
I
C
A
L


L
L
C

-

O
W
N
E
R
:


Z
3
Z
0

W
E
S
T
E
R
N


L
L
C

Z
3
Z
0

W
E
S
T
E
R
N

A
V
E
N
U
E



S
U
P
-

7

-

A
P
P
L
I
C
A
N
T
:


A
C
R
E
S

M
E
D
I
C
A
L


L
L
C

-

O
W
N
E
R
:


Z
3
Z
0

W
E
S
T
E
R
N


L
L
C

Z
3
Z
0

W
E
S
T
E
R
N

A
V
E
N
U
E






Agenda tem No.: 9.



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

SUB1ECT:
SUP-55189 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: ACRES
MEDICAL, LLC - OWNER: 2320 WESTERN, LLC - For possible action on a request Ior a
Special Use Permit FOR A PROPOSED 12,590 SQUARE-FOOT MEDICAL MARIJUANA
CULTIVATION FACILITY at 2320 Western Avenue (APN 162-04-404-003), M (Industrial)
Zone, Ward 3 (CoIIin). StaII recommends APPROVAL.

C.C.: 10/29/2014

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-55189
GK

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: ACRES MEDICAL, LLC - OWNER: 2320
WESTERN, LLC


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55189 StaII recommends APPROVAL, subject to conditions: N/A


`` CONDITIONS ``


SbF-5518 CONDIIIONS

Planning

1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Medical
Marijuana Cultivation Facility 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. 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 date stamped 08/04/14 and
Iloor plan, date stamped 08/18/14, 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-55189
GK

Conditions Page Two
September 30, 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 Cultivation
Facility be removed.

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

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

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-55189
GK

Conditions Page Three
September 30, 2014 - Special Planning Commission Meeting



Public Works

19. 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-55189
GK
Staff Report Page One
September 30, 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 2320 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 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-55189
GK
Staff Report Page Two
September 30, 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
06/25/09 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 routine Iield check and noted a well maintained vacant
commercial building. The subject site was Iree oI trash, debris and graIIiti.


Details of Application Request
Site Area
Net Acres 1.43


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property Vacant
LI/R (Light
Industrial/Research)
M (Industrial)
North
Mini-Storage
Facility
LI/R (Light
Industrial/Research)
M (Industrial)
General Retail
South Recreational Vehicle
and Boat Storage
LI/R (Light
Industrial/Research)
M (Industrial)
SUP-55189
GK
Staff Report Page Three
September 30, 2014 - Special Planning Commission Meeting



Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
OIIice, Other Than
Listed East
General Retail
LI/R (Light
Industrial/Research)
M (Industrial)
West
OIIice, Other than
Listed
LI/R (Light
Industrial/Research)
M (Industrial)


Master Plan Areas Compliance
Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Overlay District Industrial Corridor District Y
A-O (Airport Overlay) District - 140 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
60 Feet N
Highland Drive Collector Street
Master Plan oI Streets
and Highways
60 Feet Y

SUP-55189
GK

Staff Report Page Four
September 30, 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
5,182 SF 1/175 SF 30
Medical
Marijuana
Cultivation
Facility
12,590 SF 1/1000 SF 13
Medical
Marijuana
Production
Facility
449 SF 1/500 SF 1


TOTAL SPACES REQUIRED 44

81

Y
Regular and Handicap Spaces Required 42 2 77 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:
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)
Internally
Illuminated
Y
* The applicant is also requesting separate Special Use Permits for a Medical Marifuana
Cultivation Facilitv (SUP-55189) and a Medical Marifuana Production Facilitv (SUP-55190)
within the existing building. The applicant is onlv proposing signage for the Medical Marifuana
Dispensarv use.

SUP-55189
GK

Staff Report Page Five
September 30, 2014 - Special Planning Commission Meeting



ANALYSIS

The Medical Marijuana Cultivation Facility use is deIined as 'A Iully stand-alone detached
enclosed structure which cultivates, delivers, transIers, transports, supplies, or sells marijuana to
medical marijuana dispensaries or medical marijuana production Iacilities. This use includes a
'cultivation Iacility, as deIined in NRS 453A.056. The justiIication letter states that the
applicant proposes to cultivate medical marijuana to a dispensary use Ior the purpose oI
providing premium medical marijuana products Ior authorized patients with debilitating
conditions. The Iloor plan illustrates a 12,590 square-Ioot Medical Marijuana Cultivation
Facility with 12,090 square Ieet oI enclosed cultivation area. The remaining 500 square Ieet
would be dedicated Ior oIIices oI the Cultivation Facility. 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 propertv, as well as there are no individual care centers licensed for more than
12 children, communitv recreational facilities (public) or Citv parks or churches/houses
of worship within 300 feet of the subfect propertv.

*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 propertv line
located approximatelv 360 feet south of the southwest corner of Western Avenue and
Highland Drive.
SUP-55189
GK

Staff Report Page Six
September 30, 2014 - Special Planning Commission Meeting



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

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

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

The use complies and will be subfect to this requirement.

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

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

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

The proposed use shall complv with this requirement as part of the permitting process
that will occur prior to the issuance of a Certificate of Occupancv.
SUP-55189
GK

Staff Report Page Seven
September 30, 2014 - Special Planning Commission Meeting



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

The subfect site contains an existing 18,221 square-foot commercial building. In addition
to the proposed 12,590 square-foot Medical Marifuana Cultivation Facilitv, the applicant
is proposing to locate a 5,182 square-foot Medical Marifuana Dispensarv (SUP-55187)
and a 449 square-foot Medical Marifuana Production Facilitv (SUP-55190) within the
subfect commercial building. According to the submitted floor plan, date stamped
08/18/14, there is no proposed interior access between the proposed uses. Although a
condition of approval has been added requiring the applicant to meet with staff to
develop a comprehensive address plan and develop three distinct tenant spaces, the
applicant is onlv proposing signage for the Medical Marifuana Dispensarv use.
Furthermore, onlv the signage for the proposed Medical Marifuana Dispensarv use was
approved bv the Downtown Design Review Committee. The proposed use complies with
requirement 7, as the submitted building and sign elevations illustrate the location and
si:e of one 30 square-foot internallv illuminated wall sign per street frontage.

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

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

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

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

The proposed use would be placed within a 12,590 square-Ioot tenant space located within a
developed commercial property located along Western Avenue. The applicant is also requesting
separate Special Use Permits Ior a Medical Marijuana Dispensary (SUP-55187) and a Medical
Marijuana Production Facility (SUP-55190) within the existing building. II approved, the
submitted Iloor plan details no interior access between uses within the building. A condition oI
approval has been added requiring the applicant meet with staII to develop a comprehensive
address plan to create three distinct tenant spaces Ior each Medical Marijuana use. Although
there will be three separate tenant spaces with three separate Iront entrances, the applicant is only
proposing signage Ior the Medical Marijuana Dispensary use. Furthermore, only the two
proposed signs Ior the Medical Marijuana Dispensary use have been reviewed and approved by
the Downtown Design Review Committee.
SUP-55189
GK

Staff Report Page Eight
September 30, 2014 - Special Planning Commission Meeting



The subject site Iacilitates the required parking Ior the proposed Medical Marijuana Cultivation
Facility 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-55189)

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 18,221 square-Ioot commercial building. The proposed
Medical Marijuana Cultivation Facility use would locate within a 12,590 square-Ioot
tenant space. This site contains adequate parking Ior all uses, and the proposed use does
not generate the need Ior any additional parking spaces beyond what has been provided
onsite.

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

The proposed Medical Marijuana Cultivation Facility can be accessed Irom Western
Avenue, a 60-Ioot wide Major Collector, which has adequate capacity to serve the
proposed development. Secondary access is also provided Irom Highland Drive, a 60-Ioot
wide Collector, 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 Cultivation Facility use will be subject to regular City
and County inspections Ior licensing and will thereIore not compromise the public health,
SUP-55189
GK

Staff Report Page Nine
September 30, 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 24


NOTICES MAILED 219


APPROVALS 0


PROTESTS 0

S
U
P
-

9

-

A
P
P
L
I
C
A
N
T
:


A
C
R
E
S

M
E
D
I
C
A
L


L
L
C

-

O
W
N
E
R
:


Z
3
Z
0

W
E
S
T
E
R
N


L
L
C

Z
3
Z
0

W
E
S
T
E
R
N

A
V
E
N
U
E



S
U
P
-

9

-

A
P
P
L
I
C
A
N
T
:


A
C
R
E
S

M
E
D
I
C
A
L


L
L
C

-

O
W
N
E
R
:


Z
3
Z
0

W
E
S
T
E
R
N


L
L
C

Z
3
Z
0

W
E
S
T
E
R
N

A
V
E
N
U
E






Agenda tem No.: 10.



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

SUB1ECT:
SUP-55190 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: ACRES
MEDICAL, LLC - OWNER: 2320 WESTERN, LLC - For possible action on a request Ior a
Special Use Permit FOR A PROPOSED 449 SQUARE-FOOT MEDICAL MARIJUANA
PRODUCTION FACILITY at 2320 Western Avenue (APN 162-04-404-003), M (Industrial)
Zone, Ward 3 (CoIIin). StaII recommends APPROVAL.

C.C.: 10/29/2014

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-55190
GK

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: ACRES MEDICAL, LLC - OWNER: 2320
WESTERN, LLC


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55190 StaII recommends APPROVAL, subject to conditions: N/A


`` CONDITIONS ``


SbF-5510 CONDIIIONS


Planning

1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Medical
Marijuana Production Facility 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. 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.
SUP-55190
GK

Conditions Page Two
September 30, 2014 - Special Planning Commission Meeting



6. All development shall be in conIormance with the site plan date stamped 08/04/14 and
Iloor plan, date stamped 08/18/14, except as amended by conditions herein. Any
modiIication oI the premises oI a medical marijuana establishment shall be Iiled 60 days in
advance oI any proposed construction. A Iull and complete copy oI all architectural and
building plans shall be Iiled with the Director Ior a review oI compliance with Title 6.95
and Title 19. The Director shall review the plans and approve any modiIications in
compliance with this chapter prior to the commencing oI any construction oI
modiIications.

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

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

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

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

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

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

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

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

15. All medical marijuana products shall remain in the original manuIacturer's conIiguration
intended Ior oII-sale.
SUP-55190
GK

Conditions Page Three
September 30, 2014 - Special Planning Commission Meeting



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

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

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


Public Works

19. 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-55190
GK
Staff Report Page One
September 30, 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 2320 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 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-55190
GK
Staff Report Page Two
September 30, 2014 - Special Planning Commission Meeting



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


Most Recent Change of Ownership
06/25/09 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 routine Iield check and noted a well maintained vacant
commercial building. The subject site was Iree oI trash, debris and graIIiti.


Details of Application Request
Site Area
Net Acres 1.43


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property Vacant
LI/R (Light
Industrial/Research)
M (Industrial)
North
Mini-Storage
Facility
LI/R (Light
Industrial/Research)
M (Industrial)
General Retail
South Recreational Vehicle
and Boat Storage
LI/R (Light
Industrial/Research)
M (Industrial)
SUP-55190
GK
Staff Report Page Three
September 30, 2014 - Special Planning Commission Meeting



OIIice, Other Than
Listed East
General Retail
LI/R (Light
Industrial/Research)
M (Industrial)
West
OIIice, Other than
Listed
LI/R (Light
Industrial/Research)
M (Industrial)


Master Plan Areas Compliance
Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Overlay District Industrial Corridor District Y
A-O (Airport Overlay) District - 140 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
60 Feet N
Highland Drive Collector Street
Master Plan oI Streets
and Highways
60 Feet Y


Pursuant to 1itle 19.8 and 19.12, the following parking standards apply:
Parking Requirement
Required Provided Compliance
Parking Parking
Use
Cross Floor
Area or
Number of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Medical
Marijuana
Dispensary
Facility
5,182 SF 1/175 SF 30

SUP-55190
GK
Staff Report Page Four
September 30, 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
Cultivation
Facility
12,590 SF 1/1000 SF 13
Medical
Marijuana
Production
Facility
449 SF 1/500 SF 1


TOTAL SPACES REQUIRED 44

81

Y
Regular and Handicap Spaces Required 42 2 77 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: [tvpe in sign reference]
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)
Internally
Illuminated
Y
* The applicant is also requesting separate Special Use Permits for a Medical Marifuana
Cultivation Facilitv (SUP-55189) and a Medical Marifuana Production Facilitv (SUP-55190)
within the existing building. The applicant is onlv proposing signage for the Medical Marifuana
Dispensarv use.


ANALYSIS

The Medical Marijuana Production Facility use is deIined as 'A Iully stand-alone detached
enclosed structure which acquires, possesses, manuIactures, delivers, transIers, transports,
supplies or sells edible marijuana products or marijuana-inIused products to medical marijuana
dispensaries. This use includes a 'Iacility Ior the production oI edible marijuana products or
marijuana-inIused products, as deIined in NRS 453A.105. The justiIication letter states that the
applicant proposes to produce marijuana inIused products to a dispensary use Ior the purpose oI
providing premium medical marijuana products Ior authorized patients with debilitating
conditions. The Iloor plan illustrates a 449 square-Ioot Medical Marijuana Production Facility.
Per the submitted justiIication letter and Iloor plan, the proposed use meets the deIinition
outlined above.
SUP-55190
GK

Staff Report Page Five
September 30, 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 propertv, as well as there are no individual care centers licensed for more than
12 children, communitv recreational facilities (public) or Citv parks or churches/houses
of worship within 300 feet of the subfect propertv.

*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 propertv line
located approximatelv 360 feet south of the southwest corner of Western Avenue and
Highland 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
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-55190
GK

Staff Report Page Six
September 30, 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 commercial development and did not require the creation
of a separate parcel to meet the distance separation requirements. As such, subsection
b.ii is not applicable and the site is in conformance with this requirement.

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

The use complies and will be subfect to this requirement.

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

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

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

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

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

The proposed use will be subfect to regular Citv and Countv 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 subfect site contains an existing 18,221 square-foot commercial building. In addition
to the proposed 449 square-foot Medical Marifuana Production Facilitv, the applicant is
proposing to locate a 5,182 square-foot Medical Marifuana Dispensarv (SUP-55187)
and a 12,590 square-foot Medical Marifuana Cultivation Facilitv (SUP-55189) within
the subfect commercial building. According to the submitted floor plan, date stamped
08/18/14, there is no proposed interior access between the proposed uses. Although a
SUP-55190
GK

Staff Report Page Seven
September 30, 2014 - Special Planning Commission Meeting



condition of approval has been added requiring the applicant to meet with staff to
develop a comprehensive address plan and develop three distinct tenant spaces, the
applicant is onlv proposing signage for the Medical Marifuana Dispensarv use.
Furthermore, onlv the signage for the proposed Medical Marifuana Dispensarv use was
approved bv the Downtown Design Review Committee. The proposed use complies with
requirement 8, as the submitted building and sign elevations illustrate the location and
si:e of one 30 square-foot internallv 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 production Iacility shall obtain all required approvals Irom the
State oI Nevada to operate such a Iacility prior to the Special Use Permit being exercised
pursuant to LVMC 19.16.110.

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

The proposed use would be placed within a 449 square-Ioot tenant space located within a
developed commercial property located along Western Avenue. The applicant is also requesting
separate Special Use Permits Ior a Medical Marijuana Dispensary (SUP-55187) and a Medical
Marijuana Cultivation Facility (SUP-55189) within the existing building. II approved, the
submitted Iloor plan details no interior access between uses within the building. A condition oI
approval has been added requiring the applicant meet with staII to develop a comprehensive
address plan to create three distinct tenant spaces Ior each Medical Marijuana use. Although
there will be three separate tenant spaces with three separate Iront entrances, the applicant is only
proposing signage Ior the Medical Marijuana Dispensary use. Furthermore, only the two
proposed signs Ior the Medical Marijuana Dispensary use have been reviewed and approved by
the Downtown Design Review Committee.

The subject site Iacilitates the required parking Ior the proposed use. Other than the Minimum
Special Use Permit Requirements Iound within Title 19.12, there are no special development
requirements pertaining to the site. There are no other similar uses or protected uses within the
required distance separations. For these reasons, the proposed use is deemed compatible with the
surrounding uses; thereIore, staII recommends approval with conditions.

SUP-55190
GK

Staff Report Page Eight
September 30, 2014 - Special Planning Commission Meeting



FINDINGS (SUP-55190)

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 18,221 square-Ioot commercial building. The proposed
Medical Marijuana Production Facility use would locate within a 449 square-Ioot tenant
space. 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 Production Facility can be accessed Irom Western
Avenue, a 60-Ioot wide Major Collector, which has adequate capacity to serve the
proposed development. Secondary access is also provided Irom Highland Drive, a 60-
Ioot wide Collector, 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 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.
SUP-55190
GK

Staff Report Page Nine
September 30, 2014 - Special Planning Commission Meeting



NEIGHBORHOOD ASSOCIATIONS NOTIFIED 24


NOTICES MAILED 219


APPROVALS 0


PROTESTS 0

S
U
P
-

1
9
0

-

A
P
P
L
I
C
A
N
T
:


A
C
R
E
S

M
E
D
I
C
A
L


L
L
C

-

O
W
N
E
R
:


Z
3
Z
0

W
E
S
T
E
R
N


L
L
C

Z
3
Z
0

W
E
S
T
E
R
N

A
V
E
N
U
E



S
U
P
-

1
9
0

-

A
P
P
L
I
C
A
N
T
:


A
C
R
E
S

M
E
D
I
C
A
L


L
L
C

-

O
W
N
E
R
:


Z
3
Z
0

W
E
S
T
E
R
N


L
L
C

Z
3
Z
0

W
E
S
T
E
R
N

A
V
E
N
U
E






Agenda tem No.: 11.



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

SUB1ECT:
VAR-55879 - VARIANCE - PUBLIC HEARING - APPLICANT: PRIMO DISPENSARY
OWNER: WORLD WELLNESS GROUP, LLC - For possible action on a request Ior a Variance
TO ALLOW 57 PARKING SPACES WHERE 69 PARKING SPACES ARE REQUIRED on
1.30 acres at 3110, 3120 South Valley View Boulevard (APN 162-08-401-012), M (Industrial)
Zone, Ward 1 (Tarkanian). StaII recommends DENIAL.

C.C.: 10/29/2014

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-55879 and SUP-55208
2. Conditions and StaII Report
3. Supporting Documentation
4. Photos
5. JustiIication Letter


VAR-55879
JB

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: PRIMO DISPENSARY - OWNER: WORLD
WELLNESS GROUP, LLC


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
VAR-55879 StaII recommends DENIAL, iI approved subject to
conditions:
SUP-55208


`` CONDITIONS ``


VAk-5587 CONDIIIONS


Planning

1. ConIormance to the approved conditions Ior Site Development Plan Review (SDR-
21988), (SDR-37367) and (SUP-55208).

2. This approval shall be void two years Irom the date oI Iinal approval, unless exercised
pursuant to the provisions oI LVMC Title 19.16. An Extension oI Time may be Iiled Ior
consideration by the City oI Las Vegas.

3. These Conditions oI Approval shall be aIIixed to the cover sheet oI any plan set submitted
Ior building permit.

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



VAR-55879
JB
Staff Report Page One
September 30, 2014 - Special Planning Commission Meeting



`` STAFF REPORT ``



PRO1ECT DESCRIPTION

This is a request Ior a Variance to allow 57 parking spaces where 69 parking spaces are required
at 3310 and 3120 South Valley View Boulevard. The proposed Variance will allow a 1,500
square-Ioot Medical Marijuana Dispensary to occupy 3120 South Valley View Boulevard, Suite
B oI the commercial development. The proposed Variance is selI-imposed as the proposed use is
too intense Ior the site to accommodate; thereIore, staII recommends denial. II the application is
denied, the 1,500 square-Ioot tenant space cannot be utilized as a Medical Marijuana Dispensary.


ISSUES

A Variance is required to allow 57 parking spaces where 69 parking spaces are required

BACKGROUND INFORMATION

Related Relevant City Actions by P&D, Fire, Bldg., etc
09/19/07
The City Council approved a request Ior a Rezoning (ZON-23225) Irom C-1
(Limited Commercial) to M (Industrial) on 0.39 acres at 3100 South Valley
View Boulevard. The Planning Commission recommended approval oI the
request.
02/20/08
The City Council approved a request to withdraw a request Ior a Variance
(VAR-22867) without prejudice to allow 26 parking spaces where 48 is the
minimum required Ior a proposed addition to an existing medical oIIice on
0.39 acres at 3100 South Valley View Boulevard. The Planning Commission
recommended denial oI the request.
03/05/08
The City Council approved a request Ior a Site Development Plan Review
(SDR-21988) Ior a three story, 3,970 square-Ioot addition to an existing two-
story 6,000 square-Ioot medical oIIice with a waiver to allow no landscape
buIIer along a 96-Ioot portion oI the north perimeter and to allow no
landscape buIIer along the east property line on 0.39 acres at 3100 South
Valley View Boulevard. This application has been amended Ior a reduced
gross Iloor area oI 8,110 square Ieet Irom the original 9,970 square-Ioot
proposal. The Planning Commission recommended denial oI the request.
03/05/10
The Planning Department administratively approved a request Ior a Minor
Site Development Plan Review (SDR-37367) Ior a Iacade renovation oI the
Iront and side elevations at 3110 and 3120 South Valley View Boulevard.
VAR-55879
JB
Staff Report Page Two
September 30, 2014 - Special Planning Commission Meeting



Related Relevant City Actions by P&D, Fire, Bldg., etc
05/21/14
The 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
The City Council approved Text Amendment (TXT-52502) to amend Las
Vegas Municipal Code Title 6 to implement licensing regulations related to
Iacilities Ior the production oI edible marijuana products or marijuana-inIused
products, medical marijuana dispensaries, medical marijuana cultivation
Iacilities, and independent testing laboratories, collectively reIerred to as
medical marijuana establishments, in conIormance with the intent oI SB 374
oI the 2013 session oI the Nevada Legislature and to provide Ior other related
matters. Ordinance 6324.
09/16/14
The Downtown Design Review Committee will review the building
elevations and signage Ior the proposed Medical Marijuana Dispensary.
09/30/14
The applicant has requested a Special Use Permit (SUP-55208) Ior a proposed
1,500 square-Ioot medical marijuana dispensary at 3120 South Valley View
Boulevard, Suite B.


Most Recent Change of Ownership
08/03/12 A deed was recorded Ior a change in ownership.


Related Building Permits/Business Licenses
There are no related building permits and business licenses associated with this request.


Pre-Application Meeting
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. This request Ior a Parking Variance has been submitted
in association with a Special Use Permit (SUP-55208) Ior a proposed 1,500
square-Ioot Medical Marijuana Dispensary at the subject site.


Neighborhood Meeting
A neighborhood meeting was not held, nor was one required.
VAR-55879
JB

Staff Report Page Three
September 30, 2014 - Special Planning Commission Meeting



Field Check
09/09/14
A routine Iield check was conducted by staII and Iound a well maintained
commercial development.


Details of Application Request
Site Area
Net Acres 1.30


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property
Clinic/Medical
OIIice/General
OIIice/ Martial Arts/
Dispensary
LI/R (Light
Industry/Research)
M (Industrial)
General OIIice
LI/R (Light
Industry/Research)
M (Industrial)
Industrial
LI/R (Light
Industry/Research)
M (Industrial)
North
Storage Yard
LI/R (Light
Industry/Research)
M (Industrial)
General Retail
LI/R (Light
Industry/Research)
C-1 (Limited
Commercial)
South
General Retail
LI/R (Light
Industry/Research)
M (Industrial)
East General OIIice
LI/R (Light
Industry/Research)
M (Industrial)
West
General Retail/
Industrial
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) N/A
Project oI Regional SigniIicance N/A
VAR-55879
JB

Staff Report Page Four
September 30, 2014 - Special Planning Commission Meeting



DEVELOPMENT STANDARDS

Street Name
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Sirius Ave Local Street
Master Plan oI Streets &
Highways
60 Feet Y


Pursuant to 1itle 19.8 and 19.12, the following parking standards apply:
Parking Requirement
Required Provided Compliance

Use
Cross Floor
Area or
Number of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
3110 South Valley View Boulevard
Clinic 4,800 SF
1:200 up
to 2,000
SF, then
1:250 SF.
22

General OIIice 2,400 SF 1:300 SF 8
Medical OIIice 2,400 SF
1:200 up
to 2,000
SF, then
1:175 SF.
13

3120 South Valley View Boulevard
Martial Arts
Studio
1,500 SF (One
Instructor w/
30 Students)
1: staII
member
1:10
students at
max
capacity
4

Medical
Marijuana
Dispensary
Facility
1,500 SF 1:175 SF 9

General OIIice 1,500 SF 1:300 SF 5
Medical OIIice 1,500 SF
1:200 up
to 2,000
SF, then
1:175 SF.
8

TOTAL SPACES REQUIRED 69

57

N
Regular and Handicap Spaces Required 66 3 53 4 N

VAR-55879
JB

Staff Report Page Five
September 30, 2014 - Special Planning Commission Meeting



ANALYSIS

The subject site is an existing commercial development, which has proposed to add a Medical
Marijuana Dispensary land use. The other uses within the commercial development include
General OIIice, Clinic, Martial Arts Studio and Medical OIIice. The required parking Ior the
tenants is 69 parking spaces, however only 57 parking spaces are provided on the subject site.
The proposed Variance is selI-imposed; thereIore, staII recommends denial.


FINDINGS (VAR-55879)

In accordance with the provisions oI Title 19.16.140(B), Planning Commission and City Council,
in considering the merits oI a Variance request, shall not grant a Variance in order to:

1. Permit a use in a zoning district in which the use is not allowed;
2. Vary any minimum spacing requirement between uses;
3. Relieve a hardship which is solely personal, selI-created or Iinancial in nature.

Additionally, Title 19.16.140(L) states:
'Where by reason oI exceptional narrowness, shallowness, or shape oI a speciIic piece oI
property at the time oI enactment oI the regulation, or by reason oI exceptional
topographic conditions or other extraordinary and exceptional situation or condition oI
the piece oI property, the strict application oI any zoning regulation would result in
peculiar and exceptional practical diIIiculties to, or exceptional and undue hardships
upon, the owner oI the property, a variance Irom that strict application may be granted so
as to relieve the diIIiculties or hardship, iI the relieI may be granted without substantial
detriment to the public good, without substantial impairment oI aIIected natural resources
and without substantially impairing the intent and purpose oI any ordinance or
resolution.

No evidence oI a unique or extraordinary circumstance has been presented, in that the applicant
has created a selI-imposed hardship by proposing to add land use which requires additional
parking on the subject site. A less intense land use would allow conIormance to the Title 19
requirements. In view oI the absence oI any hardships imposed by the site`s physical
characteristics, it is concluded that the applicant`s hardship is preIerential in nature, and it is
thereby outside the realm oI NRS Chapter 278 Ior granting oI Variances.

VAR-55879
JB

Staff Report Page Six
September 30, 2014 - Special Planning Commission Meeting




NEIGHBORHOOD ASSOCIATIONS NOTIFIED 27


NOTICES MAILED 204


APPROVALS 0


PROTESTS 0

V
A
R
-

7
9

&

S
U
P
-

Z
0


-

A
P
P
L
I
C
A
N
T
:


P
R
I
M
O

D
I
S
P
E
N
S
A
R
Y

-

O
W
N
E
R
:


W
O
R
L
D

W
E
L
L
N
E
S
S

S
R
O
U
P


L
L
C

3
1
Z
0

S
O
U
T
H

V
A
L
L
E
Y

V
I
E
W

O
U
L
E
V
A
R
D


S
U
I
T
E


V
A
R
-

7
9

&

S
U
P
-

Z
0


-

A
P
P
L
I
C
A
N
T
:


P
R
I
M
O

D
I
S
P
E
N
S
A
R
Y

-

O
W
N
E
R
:


W
O
R
L
D

W
E
L
L
N
E
S
S

S
R
O
U
P


L
L
C

3
1
Z
0

S
O
U
T
H

V
A
L
L
E
Y

V
I
E
W

O
U
L
E
V
A
R
D


S
U
I
T
E


V
A
R
-

7
9

&

S
U
P
-

Z
0


-

A
P
P
L
I
C
A
N
T
:


P
R
I
M
O

D
I
S
P
E
N
S
A
R
Y

-

O
W
N
E
R
:


W
O
R
L
D

W
E
L
L
N
E
S
S

S
R
O
U
P


L
L
C

3
1
Z
0

S
O
U
T
H

V
A
L
L
E
Y

V
I
E
W

O
U
L
E
V
A
R
D


S
U
I
T
E





Agenda tem No.: 12.



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

SUB1ECT:
SUP-55208 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: PRIMO
DISPENSARY - OWNER: WORLD WELLNESS GROUP, LLC - For possible action on a
request Ior a Special Use Permit FOR A PROPOSED 1,500 SQUARE-FOOT MEDICAL
MARIJUANA DISPENSARY at 3120 South Valley View Boulevard, Suite B (APN 162-08-
401-012), M (Industrial) Zone, Ward 1 (Tarkanian). StaII recommends DENIAL.

C.C.: 10/29/2014

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 Approval, subject to conditions:

BACKUP DOCUMENTATION:
1. Special Map
2. Conditions and StaII Report
3. Supporting Documentation
4. Photos
5. Survey CertiIication
6. Code Compliance Letter
7. JustiIication Letter

SUP-55208
JB

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: PRIMO DISPENSARY - OWNER: WORLD
WELLNESS GROUP, LLC


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55208 StaII recommends DENIAL, subject to conditions: N/A


`` CONDITIONS ``


SbF-55208 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. Approval oI and conIormance to the Conditions oI Approval Ior Variance (VAR-55879).

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 elevations and Iloor
plan date stamped 09/09/14 and sign elevations date stamped 07/23/14, except as
amended by conditions herein. Any modiIication oI the premises oI a medical marijuana
establishment shall be Iiled 60 days in advance oI any proposed construction. A Iull and
complete copy oI all architectural and building plans shall be Iiled with the Director Ior a
review oI compliance with Title 6.95 and Title 19. The Director shall review the plans and
approve any modiIications in compliance with this chapter prior to the commencing oI any
construction oI modiIications.
SUP-55208
JB

Conditions Page Two
September 30, 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. ConIormance to the associated Iinal recommendation oI the Downtown Design Review
Committee (DDCR) shall be required.

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

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

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

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

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

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

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

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

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-55208
JB
Staff Report Page One
September 30, 2014 - Special Planning Commission Meeting



`` STAFF REPORT ``



PRO1ECT DESCRIPTION

This application is a request Ior a Special Use Permit Ior a proposed 1,500 square-Ioot Medical
Marijuana Dispensary to be located at 3120 South Valley View Boulevard, Suite B. The subject
site complies with all minimum distance requirements as set Iorth by Title 19.12. However, the
subject site does not provide adequate parking Ior the proposed land use. The applicant has
submitted a request Ior a Variance (VAR-55879) to allow 57 parking spaces where 69 parking
spaces are required Ior the proposed Medical Marijuana Dispensary. ThereIore the proposed
Medical Marijuana Dispensary use is not suitable Ior the subject site and cannot 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 denial oI the proposed
Medical Marijuana Dispensary use with standard conditions.


ISSUES

The Medical Marijuana Dispensary use is permitted within an M (Industrial) zoning district
with the approval oI a Special Use Permit.
Applicant has request a Variance (VAR-55879) to allow 57 parking spaces where 69 parking
spaces are required
The subject building elevations and signage will be reviewed, and is subject to conditions
imposed by the Downtown Design Review Committee (DDRC) on September 16
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
09/19/07
The City Council approved a request Ior a Rezoning (ZON-23225) Irom C-1
(Limited Commercial) to M (Industrial) on 0.39 acres at 3100 South Valley
View Boulevard. The Planning Commission recommended approval oI the
request.
SUP-55208
JB
Staff Report Page Two
September 30, 2014 - Special Planning Commission Meeting



Related Relevant City Actions by P&D, Fire, Bldg., etc
02/20/08
The City Council withdrew a request Ior a Variance (VAR-22867) without
prejudice to allow 26 parking spaces where 48 is the minimum required Ior a
proposed addition to an existing medical oIIice on 0.39 acres at 3100 South
Valley View Boulevard. The Planning Commission recommended denial oI
the request.
03/05/08
The City Council approved a request Ior a Site Development Plan Review
(SDR-21988) Ior a three story, 3,970 square-Ioot addition to an existing two-
story 6,000 square-Ioot medical oIIice with a waiver to allow no landscape
buIIer along a 96-Ioot portion oI the north perimeter and to allow no
landscape buIIer along the east property line on 0.39 acres at 3100 South
Valley View Boulevard. This application has been amended Ior a reduced
gross Iloor area oI 8,110 square Ieet Irom the original 9,970 square-Ioot
proposal. The Planning Commission recommended denial oI the request.
03/05/10
The Planning Department administratively approved a request Ior a Minor
Site Development Plan Review (SDR-37367) Ior a Iacade renovation oI the
Iront and side elevations at 3110 and 3120 South Valley View Boulevard.
05/21/14
The 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
The City Council approved Text Amendment (TXT-52502) to amend Las
Vegas Municipal Code Title 6 to implement licensing regulations related to
Iacilities Ior the production oI edible marijuana products or marijuana-inIused
products, medical marijuana dispensaries, medical marijuana cultivation
Iacilities, and independent testing laboratories, collectively reIerred to as
medical marijuana establishments, in conIormance with the intent oI SB 374
oI the 2013 session oI the Nevada Legislature and to provide Ior other related
matters. Ordinance 6324.
09/16/14
The Downtown Design Review Committee will review the building
elevations and signage Ior the proposed Medical Marijuana Dispensary.
09/30/14
The applicant has requested a Variance (VAR-55879) to allow 57 parking
spaces where 69 parking spaces are required on 1.30 acres at 3110, 3120
South Valley View Boulevard.


Most Recent Change of Ownership
08/03/12 A deed was recorded Ior a change in ownership.
SUP-55208
JB

Staff Report Page Three
September 30, 2014 - Special Planning Commission Meeting



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
09/09/14
A routine Iield check was conducted by staII and Iound a well maintained
commercial development.


Details of Application Request
Site Area
Net Acres 1.30


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property
Clinic/Medical
OIIice/General
OIIice/ Martial Arts/
Dispensary
LI/R (Light
Industry/Research)
M (Industrial)
General OIIice
LI/R (Light
Industry/Research)
M (Industrial)
Industrial
LI/R (Light
Industry/Research)
M (Industrial)
North
Storage Yard
LI/R (Light
Industry/Research)
M (Industrial)
General Retail
LI/R (Light
Industry/Research)
C-1 (Limited
Commercial)
South
General Retail
LI/R (Light
Industry/Research)
M (Industrial)
East General OIIice
LI/R (Light
Industry/Research)
M (Industrial)
West
General Retail/
Industrial
CT (Commercial
Tourist) Clark County
M-1 (Light
ManuIacturing) Clark
County

SUP-55208
JB

Staff Report Page Four
September 30, 2014 - Special Planning Commission Meeting



Master Plan Areas Compliance
No Applicable Master Plan Area N/A
Special Purpose and Overlay Districts Compliance
A-O (Airport Overlay) District (175 Feet) Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area N/A
Project oI SigniIicant Impact (Development Impact NotiIication Assessment) N/A
Project oI Regional SigniIicance N/A


DEVELOPMENT STANDARDS

Street Name
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Sirius Ave Local Street
Master Plan oI Streets &
Highways
60 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
3110 South Valley View Boulevard
Clinic 4,800 SF
1:200 up
to 2,000
SF, then
1:250 SF.
22

General
OIIice
2,400 SF 1:300 SF 8

Medical
OIIice
2,400 SF
1:200 up
to 2,000
SF, then
1:175 SF.
13

SUP-55208
JB
Staff Report Page Five
September 30, 2014 - Special Planning Commission Meeting



3120 South Valley View Boulevard
Martial Arts
Studio
1,500 SF
(One
Instructor w/
30 Students)
1: staII
member
1:10
students at
max
capacity
4

Medical
Marijuana
Dispensary
Facility
1,500 SF 1:175 SF 9

General
OIIice
1,500 SF 1:300 SF 5

Medical
OIIice
1,500 SF
1:200 up
to 2,000
SF, then
1:175 SF.
8

TOTAL SPACES REQUIRED 69

57

N
Regular and Handicap Spaces Required 66 3 53 4 N
*The applicant has requested a Jariance (JAR-55879) to allow 57 parking spaces where 69
spaces are required for the proposed Medical Marifuana Dispensarv land use.


Wall Signs: [Medical Marijuana Dispensary]
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage 1 sign Y
Maximum Area 30 SF 30 SF Y
Maximum Height 2 Feet 2 Feet Y
Illumination
Internal
(Neon Prohibited)
Internal

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 dispensary will have operating hours Irom 10:00am to 6:00pm Monday thru
Saturday and 12:00pm to 6:00pm on Sundays. The Iloor plan illustrates a 1,500 square-Ioot
Medical Marijuana Dispensary with approximately 690 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-55208
JB

Staff Report Page Six
September 30, 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 propertv, as well as there are no individual care centers licensed for more than
12 children, communitv recreational facilities (public) or Citv parks or churches/houses
of worship within 300 feet of the subfect propertv.

* 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 propertv line of
parcel PT SW4 SW4 08 21 61, located at the southeast corner of Jallev Jiew Boulevard
and Sirius 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-55208
JB

Staff Report Page Seven
September 30, 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 onlv one public access point to the proposed Medical
Marifuana Dispensarv.

*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-55208
JB

Staff Report Page Eight
September 30, 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 internallv illuminated
wall sign per street on the western 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 will be reviewed and is subfect to
conditions imposed bv the Downtown Design Review Committee (DDRC) on September
16th, 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-55208
JB

Staff Report Page Nine
September 30, 2014 - Special Planning Commission Meeting



The proposed use would be placed within a 1,500 square-Ioot tenant space located within a
developed commercial property located at 3120 South Valley View Boulevard, Suite B. The
subject site does not Iacilitate the required parking Ior the proposed use. The applicant has
requested a Variance (VAR-55879) to allow 57 parking spaces where 69 spaces are required 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. Since the subject site does not provide adequate
parking on-site, the proposed use is deemed incompatible with the surrounding uses; thereIore,
staII recommends denial with conditions.


FINDINGS (SUP-55208)

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. However, the subject site does not provide adequate parking Ior the proposed land
use. The applicant has submitted a request Ior a Variance (VAR-55879) to allow 57
parking spaces where 69 parking spaces are required Ior the proposed Medical Marijuana
Dispensary. ThereIore the proposed Medical Marijuana Dispensary use is not suitable Ior
the subject site and cannot 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 subject site does not Iacilitate the required parking Ior the proposed use. The applicant
has requested a Variance (VAR-55879) to allow 57 parking spaces where 69 spaces are
required Ior the proposed use.

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 Sirius Avenue; a 60-
Ioot Local Street; as depicted on the Master Plan oI Streets and Highway that has adequate
capacity to serve the proposed development.
SUP-55208
JB

Staff Report Page Ten
September 30, 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 27


NOTICES MAILED 204


APPROVALS 0


PROTESTS 0



Agenda tem No.: 13.



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

SUB1ECT:
SUP-55234 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: BLOSSOM
GROUP, LLC - OWNER: LEIGH LYNN & JAMES, LLC - For possible action on a request Ior
a Special Use Permit FOR A PROPOSED 962 SQUARE-FOOT MEDICAL MARIJUANA
DISPENSARY at 810 South 4th Street (APN 139-34-410-124), C-2 (General Commercial)
Zone, Ward 3 (CoIIin). StaII recommends APPROVAL.

C.C.: 10/29/2014

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-55234
RG

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: BLOSSOM GROUP, LLC - OWNER: LEIGH
LYNN & JAMES, LLC


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55234 StaII recommends APPROVAL, subject to conditions:

N/A


`` CONDITIONS ``


SbF-55234 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 date stamped 07/31/14,
building and sign elevations, date stamped 09/02/14 and Iloor plan, date stamped 07/23/14,
except as amended by conditions herein. Any modiIication oI the premises oI a medical
marijuana establishment shall be Iiled 60 days in advance oI any proposed construction. A
Iull and complete copy oI all architectural and building plans shall be Iiled with the
Director Ior a review oI compliance with Title 6.95 and Title 19. The Director shall review
the plans and approve any modiIications in compliance with this chapter prior to the
commencing oI any construction oI modiIications.

5. This approval shall be void eighteen months Irom the date oI Iinal approval, unless
exercised pursuant upon the issuance oI a business license. An Extension oI Time may be
Iiled Ior consideration by the City oI Las Vegas.
SUP-55234
RG

Conditions Page Two
September 30, 2014 - Special Planning Commission Meeting



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

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

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

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

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

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

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

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

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

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

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

SUP-55234
RG
Staff Report Page One
September 30, 2014 - Special Planning Commission Meeting



`` STAFF REPORT ``



PRO1ECT DESCRIPTION

This application is a request Ior a Special Use Permit Ior a proposed 962 square-Ioot Medical
Marijuana Dispensary to be located at 810 South 4
th
Street. 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 denied by the Downtown
Design Review Committee (DDRC) on August 26, 2014. The existing building is not
consistent with the traditional style oI pharmacies and medical oIIice.
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-55234
RG
Staff Report Page Two
September 30, 2014 - Special Planning Commission Meeting



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


Most Recent Change of Ownership
02/02/2006 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
08/05/14
A routine Iield check was conducted by staII and Iound the subject is well
maintained.


Details of Application Request
Site Area
Net Acres 0.16


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property General Retail MXU (Mixed Use)
C-2 (General
Commercial)
North Parking Lot MXU (Mixed Use)
C-2 (General
Commercial)
South
Multi-Family
Residential
MXU (Mixed Use)
C-2 (General
Commercial)
SUP-55234
RG
Staff Report Page Three
September 30, 2014 - Special Planning Commission Meeting



East Parking Lot MXU (Mixed Use)
C-2 (General
Commercial)
Multi-Family
Residential
R-4 (High Density
Residential)
West
OIIice, Other than
Listed
MXU (Mixed Use)
C-2 (General
Commercial)



Master Plan Areas Compliance
Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Overlay District (Downtown South) 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
4
th
Street Major Collector
Planned Streets and
Highways
80 Y


Pursuant to 1itle 19.8 and 19.12, the following parking standards apply: Medical Marijuana
Dispensary
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
962 SF 1/175 SF 6

TOTAL SPACES REQUIRED 6

11

Y
Regular and Handicap Spaces Required 5 1 10 1 Y
SUP-55234
RG

Staff Report Page Four
September 30, 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: East Elevation
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage 1 Y
Maximum Area 30 SF 13 SF Y
Maximum Height 2 Feet 2 Feet 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 962 square-Ioot Medical Marijuana Dispensary will operate during 10:00 AM until
6:00 PM Monday through Sunday. The Iloor plan illustrates a 962 square-Ioot Medical
Marijuana Dispensary with 424 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 propertv, as well as there are no individual care centers licensed for more than
12 children, communitv recreational facilities (public) or Citv parks or churches/houses
of worship within 300 feet of the subfect propertv.
SUP-55234
RG

Staff Report Page Five
September 30, 2014 - Special Planning Commission Meeting



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

The proposed use meets this requirement, measurement is taken from the propertv line of
(Lot 26 and Lot 27, Block 16 South Addition, Plat Book 1 Page 51, located south of the
southwest corner of 4
th
Street and Gass 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;
B. The proposed medical marijuana dispensary will have direct
access (both ingress and egress) Irom a street having a minimum
right-oI-way width oI 100 Ieet. The required access may be shared
with a larger development but must be located within the property
lines oI the parcel on which the proposed medical marijuana
dispensary will be located;
C. All parking spaces required by this Section 19.12.070 Ior the
medical marijuana dispensary use will be located on the same
parcel as the use; and
D. The owners oI all parcels within the commercial subdivision,
including the owner oI agreement, satisIactory to the City
Attorney, that provides Ior perpetual, reciprocal cross-access,
ingress and egress throughout the commercial subdivision.

The subfect site is a standalone parcel and did not require the creation of a separate
parcel to meet the distance separation requirements. As such, subsection b.ii is not
applicable and the site is in conformance with this requirement. The proposed use meets
this requirement, as the measurement to the protected uses was determined using the
specified method in Requirement Two. The distance to the protected uses was taken from
the propertv line of the subfect site.
SUP-55234
RG

Staff Report Page Six
September 30, 2014 - Special Planning Commission Meeting



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

The use complies and will be subfect to this requirement.

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

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

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

The submitted floor plan indicates onlv one public access point to the proposed Medical
Marifuana Dispensarv.

*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 13 square-foot, internallv 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.
SUP-55234
RG

Staff Report Page Seven
September 30, 2014 - Special Planning Commission Meeting



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

The proposed building elevations and signage were reviewed and denied bv the
Downtown Design Review Committee (DDRC) on August 26, 2014. The existing building
is not consistent with the traditional stvle of pharmacies and medical office.

*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 962 square-Ioot standalone building located within a
developed commercial property located along 810 South 4
th
Street. 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 Downtown Design Review Committee (DDRC) denied the review Ior building elevations on
August 26, 2014. The existing building is not consistent with the traditional style oI pharmacies
and medical oIIice. The applicant submitted a revised building elevations date stamped on
September 2, 2014, changing the appearance oI the building Irom residential design to more oI a
commercial type building per the direction oI the DDRC.

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-55234)

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:
SUP-55234
RG

Staff Report Page Eight
September 30, 2014 - Special Planning Commission Meeting



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 commercial building that was converted Irom a residential use. This
site contains adequate parking Ior a use 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 4th Street, an 80-Ioot,
Major Collector the has adequate capacity to serve the proposed use, 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 33


NOTICES MAILED 583


APPROVALS 0


PROTESTS 0
S
U
P
-

Z
3
4

-

A
P
P
L
I
C
A
N
T
:

L
O
S
S
O
M

S
R
O
U
P


L
L
C

-

O
W
N
E
R
:


L
E
I
S
H

L
Y
N
N

&

J
A
M
E
S

1
0

S
O
U
T
H

F
O
U
R
T
H

S
T
R
E
E
T



S
U
P
-

Z
3
4

-

A
P
P
L
I
C
A
N
T
:

L
O
S
S
O
M

S
R
O
U
P


L
L
C

-

O
W
N
E
R
:


L
E
I
S
H

L
Y
N
N

&

J
A
M
E
S

1
0

S
O
U
T
H

F
O
U
R
T
H

S
T
R
E
E
T






Agenda tem No.: 14.



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

SUB1ECT:
SUP-55248 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: QUALCAN OF
LAS VEGAS - OWNER: PLAZA LAS AMERICAS HOLDINGS, LLC - For possible action on
a request Ior a Special Use Permit FOR A PROPOSED 2,760 SQUARE-FOOT MEDICAL
MARIJUANA DISPENSARY at 546 North Eastern Avenue, Suite #155 and #160 (APN 139-36-
110-040), C-1 (Limited-Commercial) Zone, Ward 3 (CoIIin). StaII recommends APPROVAL.

C.C.: 10/29/2014

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 Letters



SUP-55248
FS

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: QUALCAN OF LAS VEGAS - OWNER: PLAZA
LAS AMERICAS HOLDINGS, LLC


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55248 StaII recommends APPROVAL, subject to conditions:

N/A


`` CONDITIONS ``


SbF-55248 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-0062-02)
and Site Development Plan Review (SDR-13880) shall be required.

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

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

5. All development shall be in conIormance with the site plan and Iloor plan date stamped
07/23/14 and building and sign elevations date stamped 09/02/14 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-55248
FS

Conditions Page Two
September 30, 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-55248
FS

Conditions Page Three
September 30, 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. ConIormance to the associated Iinal recommendation oI the Downtown Design Review
Committee (DDRC) shall be required.

SUP-55248
FS
Staff Report Page One
September 30, 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 546 North Eastern Avenue, Suites #155 & #160. The subject site
complies with all minimum distance requirements as set Iorth by Title 19.12 and thereIore the
use can be conducted in a compatible and harmonious manner with the existing surrounding land
uses and Iuture land uses as projected by the General Plan. As such, StaII recommends approval
oI the proposed use with standard conditions. II denied, no Medical Marijuana Dispensary would
be permitted to be established at this site.

ISSUES

The Medical Marijuana Dispensary use is permitted within a C-1 (Limited Commercial)
zoning district with the approval oI a Special Use Permit.
The subject building elevations and signage has been reviewed and approved by the
Downtown Design Review Committee (DDRC) on August 26th, 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
09/18/02
The City Council approved a Rezoning request (Z-0062-02) Irom R-E
(Residence Estates) to C-1 (Limited Commercial). The Planning Commission
recommended approval on 08/22/02.
09/06/06
The City Council approved a Site Development Plan Review (SDR-13880)
Ior a 30,904 square-Ioot retail center. StaII and the Planning Commission had
recommended denial on 08/10/06.
09/06/06
The City Council approved a Variance (VAR-13881) to allow 103 parking
spaces where 167 spaces were required in conjunction with a 30,904 square-
Ioot retail center. StaII and the Planning Commission had recommended
denial on 08/10/06.
SUP-55248
FS
Staff Report Page Two
September 30, 2014 - Special Planning Commission Meeting



Related Relevant City Actions by P&D, Fire, Bldg., etc
09/06/06
The City Council approved a Variance (VAR-13881) to allow a 20-Ioot
residential adjacently setback where 70.75 Ieet was required in conjunction
with a 30,904 square-Ioot retail center. StaII and the Planning Commission
had recommended denial on 08/10/06.
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 with conditions the
building elevations and signage Ior the proposed Medical Marijuana
Dispensary.


Most Recent Change of Ownership
3/31/10 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
7/23/14
StaII visited the site and Iound a retail shopping center. The property was
generally clean and well maintained.
SUP-55248
FS

Staff Report Page Three
September 30, 2014 - Special Planning Commission Meeting



Details of Application Request
Site Area
Net Acres 2.05


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property Retail
SC (Service
Commercial)
C-1 (Limited
Commercial)
North Retail
SC (Service
Commercial)
C-1 (Limited
Commercial)
South
Retail/Multi-Iamily
Residential
SC (Service
Commercial) / M
(Medium Density
Residential)
C-1 (Limited
Commercial) / R-3
(Medium Density
Residential)
East
Single-Family
Residential
M (Medium Density
Residential)
R-3 (Medium Density
Residential)
West Retail
SC (Service
Commercial)
C-1 (Limited
Commercial)


Master Plan Areas Compliance
No Applicable Master Plan Area N/A
Special Purpose and Overlay Districts Compliance
No Applicable Special Purpose or Overlay Districts N/A
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area 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
Eastern Avenue Primary Arterial
Planned Streets and
Highways Map
100 Y

SUP-55248
FS

Staff Report Page Four
September 30, 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
2,760 1/175 SF 16

TOTAL SPACES REQUIRED 16

98

Y
Regular and Handicap Spaces Required 15 1 98 5 Y


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 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 use requested is compatible with the existing zoning and planned land uses in the
surrounding area and is in harmony with the purpose, goals, objectives and standards oI the
code. The Iloor plan illustrates a 2,760 square-Ioot Medical Marijuana Dispensary with 2,085
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.
SUP-55248
FS

Staff Report Page Five
September 30, 2014 - Special Planning Commission Meeting



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

* 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 propertv line of
a portion of Lot 3, Block 1 of the Artesian Acres subdivision.

* 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.
SUP-55248
FS

Staff Report Page Six
September 30, 2014 - Special Planning Commission Meeting



The subfect site is located within 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 to the site 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 onlv one public access point to the proposed Medical
Marifuana Dispensarv.

*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 internallv 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.
SUP-55248
FS

Staff Report Page Seven
September 30, 2014 - Special Planning Commission Meeting



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

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

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

The proposed building elevations and signage were reviewed and approved with
conditions bv 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.

The proposed use would be placed within a 2,760 square-Ioot tenant space located within a
Commercial Shopping Center located along Eastern 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-55248)

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:
SUP-55248
FS

Staff Report Page Eight
September 30, 2014 - Special Planning Commission Meeting



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

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

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

This site adequate parking Ior all uses and the proposed use does not generate the need Ior
any additional contains 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 Eastern Avenue, a
100-Ioot Primary Arterial as depicted on the Master Plan oI Streets and Highway. Eastern
Avenue has adequate capacity to serve the proposed development.

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

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

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

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


NEIGHBORHOOD ASSOCIATIONS NOTIFIED 48


NOTICES MAILED 444


APPROVALS 0


PROTESTS 0
S
U
P
-

Z
4


-

A
P
P
L
I
C
A
N
T
:


Q
U
A
L
C
A
N

O
F

L
A
S

V
E
S
A
S

-

O
W
N
E
R
:


P
L
A
Z
A

L
A
S

A
M
E
R
I
C
A
S

H
O
L
D
I
N
S
S


L
L
C


N
O
R
T
H

E
A
S
T
E
R
N

A
V
E
N
U
E


S
U
I
T
E
S

1


&

1



S
U
P
-

Z
4


-

A
P
P
L
I
C
A
N
T
:


Q
U
A
L
C
A
N

O
F

L
A
S

V
E
S
A
S

-

O
W
N
E
R
:


P
L
A
Z
A

L
A
S

A
M
E
R
I
C
A
S

H
O
L
D
I
N
S
S


L
L
C


N
O
R
T
H

E
A
S
T
E
R
N

A
V
E
N
U
E


S
U
I
T
E
S

1


&

1






Agenda tem No.: 15.



AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
DIRECTOR: FLINN FAGG Consent Discussion

SUB1ECT:
SUP-55253 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: GREENMART
OF NEVADA, LLC - OWNER: 1510 COMPANY - For possible action on a request Ior a
Special Use Permit FOR A PROPOSED 1,280 SQUARE-FOOT MEDICAL MARIJUANA
DISPENSARY at 1512 South Main Street (APN 162-03-210-013), C-2 (General Commercial)
Zone, Ward 3 (CoIIin). StaII recommends APPROVAL.

C.C.: 10/29/2014

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-55253
YK

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: GREENMART OF NEVADA, LLC - OWNER:
1510 COMPANY


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55253 StaII recommends APPROVAL, subject to conditions: N/A


`` CONDITIONS ``


SbF-55253 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. 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 site plan, building and sign elevations
and Iloor plan, date stamped 07/23/14, except as amended by conditions herein. Any
modiIication oI the premises oI a medical marijuana establishment shall be Iiled 60 days in
advance oI any proposed construction. A Iull and complete copy oI all architectural and
building plans shall be Iiled with the Director Ior a review oI compliance with Title 6.95
and Title 19. The Director shall review the plans and approve any modiIications in
compliance with this chapter prior to the commencing oI any construction oI
modiIications.
SUP-55253
YK

Conditions Page Two
September 30, 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-55253
YK

SUP-55253
YK
Staff Report Page One
September 30, 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 1512 South Main Street. 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 use 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 be 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-55253
YK
Staff Report Page Two
September 30, 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
04/30/73 A deed was recorded Ior a change in ownership.


Pre-Application Work Croup
06/16/14
The applicant attended a pre-application meeting, in which submittal
requirements Ior the Iiling oI the Special Use Permit application, as well as
Business Licensing applications were reviewed and supplemental handouts
were given.


Field Check
07/31/14
StaII visited the site and Iound a small commercial strip center, clean and well
maintained.


Details of Application Request
Site Area
Net Acres 0.48


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property General Retail C (Commercial)
C-2 (General
Commercial)
North General Retail C (Commercial)
C-2 (General
Commercial)
South Undeveloped C (Commercial)
C-2 (General
Commercial)
SUP-55253
YK
Staff Report Page Three
September 30, 2014 - Special Planning Commission Meeting



Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
East
Restaurant with
Drive-Through
C (Commercial)
C-2 (General
Commercial)
West Industrial
LI/R (Light
Industrial/Research)
C-M (Commercial/
Industrial)


Master Plan Areas Compliance
Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Overlay (Industrial District) Y
A-O (Airport Overlay) District (200 Feet) Y
Live/Work Overlay District N/A
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
Main Street Primary Arterial
Planned Streets and
Highways Map
100 Y
Wyoming
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
Dispensary
Facility
1,280 SF 1/175 SF 8

General Retail 7,960 SF 1/175 SF 46
TOTAL SPACES REQUIRED 54

29

Y*
Regular and Handicap Spaces Required 51 3 27 2 Y*
SUP-55253
YK

Staff Report Page Four
September 30, 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: [tvpe in sign reference]
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage 1 Y
Maximum Area 30 SF 16.8 SF Y
Maximum Height 2 Feet 2 Feet Y
Illumination
Internal
(Neon Prohibited)
Internal
Y


ANALYSIS

The Medical Marijuana Dispensary use is deIined as 'An establishment which acquires,
possesses, delivers, transIers, transports, supplies, sells or dispenses marijuana or related supplies
and educational materials to the holder oI a valid registry identiIication card. This use includes a
'medical marijuana dispensary, as deIined in NRS 453A.115. The justiIication letter states,
'The operation will be cleanly and eIIiciently run by a proIessional management team with
experience in the State oI Arizona The Iloor plan illustrates a 1,280 square-Ioot Medical
Marijuana Dispensary with 600 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 propertv, as well as there are no individual care centers licensed for more than
12 children, communitv recreational facilities (public) or Citv parks or churches/houses
of worship within 300 feet of the subfect propertv.
SUP-55253
YK

Staff Report Page Five
September 30, 2014 - Special Planning Commission Meeting


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

The proposed use meets this requirement, measurement is taken from the propertv line of
Lot 16 of said Block 5 of Boulder Addition to the Citv of Las Jegas, on the East bv the
West line of the East 5 feet of said Lot 16, and on the Northwest bv the arc of a circle
concave Northwesterlv, having a radius of 25 feet and being tangent to the South line of
said Block 5 and to the West line of the East 5 feet of said Lot 16.

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

The subfect site is a standalone parcel and did not require the creation of a separate
parcel to meet the distance separation requirements. As such, subsection b.ii is not
applicable and the site is in conformance with this requirement. The proposed use meets
this requirement, as the measurement to the protected uses was determined using the
specified method in Requirement Two. The distance to the protected uses was taken from
the propertv line of the subfect site.
SUP-55253
YK

Staff Report Page Six
September 30, 2014 - Special Planning Commission Meeting



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

The use complies and will be subfect to this requirement.

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

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

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

The submitted floor plan indicates onlv one public access point to the proposed Medical
Marifuana Dispensarv.

*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 16.8 square-foot internallv 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.
SUP-55253
YK

Staff Report Page Seven
September 30, 2014 - Special Planning Commission Meeting



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

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

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

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

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

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


The proposed use would be placed within a 1,280 square-Ioot tenant space located within a
commercial property located along South Main Street. 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-55253)

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-55253
YK

Staff Report Page Eight
September 30, 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 retail shopping center. This site contains adequate parking Ior the
proposed Medical Marijuana Dispensary, 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 South Main Street, a
100-Ioot wide Primary Arterial Street that has adequate capacity to serve the proposed
development. Secondary access is also provided Irom Wyoming Avenue, an 80-Ioot
wide Secondary Collector 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.

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 24


NOTICES MAILED 285


APPROVALS 0


PROTESTS 0

S
U
P
-

3

-

A
P
P
L
I
C
A
N
T
:


S
R
E
E
N
M
A
R
T

O
F

N
E
V
A
D
A


L
L
C

-

O
W
N
E
R
:


1

1
0

C
O
M
P
A
N
Y

1

1
Z

S
O
U
T
H

M
A
I
N

S
T
R
E
E
T



S
U
P
-

3

-

A
P
P
L
I
C
A
N
T
:


S
R
E
E
N
M
A
R
T

O
F

N
E
V
A
D
A


L
L
C

-

O
W
N
E
R
:


1

1
0

C
O
M
P
A
N
Y

1

1
Z

S
O
U
T
H

M
A
I
N

S
T
R
E
E
T






Agenda tem No.: 16.



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

SUB1ECT:
SUP-55264 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: CLARK NMSD,
LLC - OWNER: PROVIEW SERIES 11, LLC - For possible action on a request Ior a Special
Use Permit FOR A PROPOSED 2,800 SQUARE-FOOT MEDICAL MARIJUANA
DISPENSARY at 1324 South 3rd Street (APN 162-03-110-137), C-2 (General Commercial)
Zone, Ward 3 (CoIIin). StaII recommends APPROVAL.

C.C.: 10/29/2014

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 and Aerial Maps SUP-55264 and SDR-55265
2. Special Map
3. Conditions and StaII Report
4. Supporting Documentation
5. Photos
6. JustiIication Letter



SUP-55264
YK

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: CLARK NMSD, LLC - OWNER: PROVIEW
SERIES 11, LLC


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55264 StaII recommends APPROVAL, subject to conditions: N/A


`` CONDITIONS ``


SbF-5524 CONDIIIONS

Planning

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

2. Approval oI and conIormance to the Conditions oI Approval Ior Site Development Plan
Review (SDR-55265) 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, 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-55264
YK

Conditions Page Two
September 30, 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-55264
YK
Staff Report Page One
September 30, 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 1324 S. 3
rd
Street. 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 subject to
amended conditions by the Downtown Design Review Committee (DDRC) on August 19
th
,
2014.
For the subject site to be eligible Ior a Medical Marijuana Dispensary, the subject site must
be in compliance with all minimum distance separation requirements, pursuant to Title 19.12,
as set Iorth by adopted Ordinance No. 6321.
Simultaneous reviews oI the business license application and the Special Use Permit
application were conducted. II either application Iailed to comply with their respective
requirements both applications would have been deemed incomplete and consequently
rejected.


BACKGROUND INFORMATION

Related Relevant City Actions by P&D, Fire, Bldg., etc
05/21/14
City Council approved Text Amendment (TXT-52502) to amend LVMC
Chapter 19.12 related to Permitted Uses and Chapter 19.18 related to
DeIinitions and Measures to add Medical Marijuana Dispensaries, Facilities
Ior the Production oI Edible Marijuana Products or Marijuana InIused
Products and Marijuana Cultivation Facilities as permissible uses by adding
zoning district applicability, descriptions and deIinitions Ior these activities as
they are contemplated by SB 374 oI the Nevada Revised Statues and to
provide Ior other related matters. Ordinance No. 6321.
SUP-55264
YK
Staff Report Page Two
September 30, 2014 - Special Planning Commission Meeting



06/04/14
City Council approved Text Amendment (TXT-52502) to amend Las Vegas
Municipal Code Title 6 to implement licensing regulations related to Iacilities
Ior the production oI edible marijuana products or marijuana-inIused
products, medical marijuana dispensaries, medical marijuana cultivation
Iacilities, and independent testing laboratories, collectively reIerred to as
medical marijuana establishments, in conIormance with the intent oI SB 374
oI the 2013 session oI the Nevada Legislature and to provide Ior other related
matters. Ordinance 6324.
08/26/14
The Downtown Design Review Committee approved the building elevations
and signage Ior the proposed Medical Marijuana Dispensary.
09/30/14
The Planning Commission is scheduled to consider a Site Development Plan
Review (SDR-55265) Ior a proposed 2,797 square-Ioot Medical Marijuana
Dispensary. StaII recommends approval.


Most Recent Change of Ownership
09/01/12 A deed was recorded Ior a change in ownership.


Pre-Application Work Croup
06/19/14
The applicant attended a pre-application meeting, in which submittal
requirements Ior the Iiling oI the Special Use Permit application, as well as
Business Licensing applications were reviewed and supplemental handouts
were given.


Field Check
07/31/14
StaII visited the site and Iound a well maintained, Ienced multi-Iamily
residential property consisting oI two buildings.


Details of Application Request
Site Area
Net Acres 0.33

SUP-55264
YK

Staff Report Page Three
September 30, 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
Multi-Family
Apartments
MXU (Mixed Use)
C-2 (General
Commercial)
North
Proposed Tavern
Limited
Establishment
MXU (Mixed Use)
C-2 (General
Commercial)
South Vacant MXU (Mixed Use)
C-2 (General
Commercial)
East General Retail C (Commercial)
C-2 (General
Commercial)
West
Multi-Family
Apartments
MXU (Mixed Use)
R-4 (High Density
Residential)


Master Plan Areas Compliance
Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Overlay (Downtown South District) Y
A-O (Airport Overlay) District (200 Feet) Y
Live/Work Overlay District N/A
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
3
rd
Street
Secondary
Collector
Planned Streets and
Highways
80 Y

SUP-55264
YK

Staff Report Page Four
September 30, 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
2,797 SF 1/175 SF 16

TOTAL SPACES REQUIRED 16

16

Y
Regular and Handicap Spaces Required 15 1 15 1 Y
Loading Spaces 1 0 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 Sign
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage 1 Y
Maximum Area 30 SF 11 SF Y
Maximum Height 2 Feet 2 Feet Y
Illumination
Internal
(Neon Prohibited)
Back lit
Y


ANALYSIS

The Medical Marijuana Dispensary use is deIined as 'An establishment which acquires,
possesses, delivers, transIers, transports, supplies, sells or dispenses marijuana or related supplies
and educational materials to the holder oI a valid registry identiIication card. This use includes a
'medical marijuana dispensary, as deIined in NRS 453A.115. The justiIication letter states,
'SpeciIically, it preserves and enhances the qualities and advantage that exist in the City by
creating a new Medical Marijuana Dispensary business supported by State legislation and City
codes to help provide a needed medical product and service to the community. The new
business will help with re-investment into an old neighborhood, property and structure. Its
rejuvenation will enhance the existing site in property value, appearance and Iunction. It will be
compatible and consistent and enable synergy with the revitalization oI the area. The Iloor plan
illustrates a 2,797 square-Ioot Medical Marijuana Dispensary with 700 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-55264
YK

Staff Report Page Five
September 30, 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 propertv, as well as there are no individual care centers licensed for more than
12 children, communitv recreational facilities (public) or Citv parks or churches/houses
of worship within 300 feet of the subfect propertv.

* 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 propertv line of
Lots fourteen (14) and fifteen (15) in block fifteen (15) of Boulder Addition to the Citv of
Las Jegas, as shown bv map thereof on file in Book 1 of Plats, Page 52, in the office of
the Countv Recorder of Clark Countv Nevada.

* 3. For the purpose oI Requirement 2, and Ior that purpose only:
a. The 'property line oI a protected use reIers to the property line oI a Iee interest
parcel that has been created by an approved and recorded parcel map or
subdivision map, and does not include the property line oI a leasehold parcel; and
b. The 'property line oI a medical marijuana dispensary reIers to:
i. The property line oI a parcel that has been created by an approved and
recorded parcel map or commercial subdivision map; or
ii. The property line oI a parcel that is located within an approved and
recorded commercial subdivision and that has been created by a record oI
survey or legal description, iI:
A. Using the property line oI that parcel Ior the purpose oI
measuring the distance separation reIerred to in Requirement 1
would qualiIy the parcel under the distance separation requirement;
SUP-55264
YK

Staff Report Page Six
September 30, 2014 - Special Planning Commission Meeting



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

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

*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-55264
YK

Staff Report Page Seven
September 30, 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 11 square-foot back lit 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 bv 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-55264
YK

Staff Report Page Eight
September 30, 2014 - Special Planning Commission Meeting



The proposed use would be placed within a 2,797 square-Ioot standalone building located along
3rd Street. 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-55264)

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 2,797 square-Ioot building. This site contains adequate parking Ior a
Medical Marijuana Dispensary, 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 3rd Street, an 80-Ioot
wide Secondary Collector Street 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-55264
YK

Staff Report Page Nine
September 30, 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 30


NOTICES MAILED 334


APPROVALS 0


PROTESTS 0

S
U
P
-

4

-

A
P
P
L
I
C
A
N
T
:


C
L
A
R
k

N
M
S
D


L
L
C

-

O
W
N
E
R
:


P
R
O
V
I
E
W

S
E
R
I
E
S

1
1


L
L
C

1
3
Z
4

S
O
U
T
H

T
H
I
R
D

S
T
R
E
E
T






Agenda tem No.: 17.



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

SUB1ECT:
SDR-55265 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-55264 - PUBLIC
HEARING - APPLICANT: CLARK NMSD, LLC - OWNER: PROVIEW SERIES 11, LLC -
For possible action on a request Ior a Site Development Plan Review FOR A PROPOSED 2,800
SQUARE-FOOT MEDICAL MARIJUANA DISPENSARY AND A WAIVER OF THE
DOWNTOWN CENTENNIAL PLAN DEVELOPMENT STANDARDS TO ALLOW A
BUILDING TO HAVE A ZERO PERCENT ALIGNMENT ALONG THE FRONT PROPERTY
LINE WHERE 70 PERCENT IS REQUIRED on 0.33 acres at 1324 South 3rd Street (APN 162-
03-110-137), Ward 3 (CoIIin). StaII recommends APPROVAL.

C.C.: 10/29/2014

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. Conditions and StaII Report
2. Supporting Documentation
3. Photos
4. JustiIication Letter
SDR-55265
YK

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: CLARK NMSD, LLC - OWNER: 7650 WEST
SAHARA, LLC


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SDR-55265 StaII recommends APPROVAL, subject to conditions:


`` CONDITIONS ``


SDk-5525 CONDIIIONS

Planning

1. This approval shall be void two years Irom the date oI Iinal approval, unless exercised
pursuant to the provisions oI LVMC Title 19.16. An Extension oI Time may be Iiled Ior
consideration by the City oI Las Vegas.

2. All development shall be in conIormance with the site plan, landscape plan, and building
elevations, date stamped 07/23/14, except as amended by conditions herein.

3. Provide parking lot screening per the Downtown Centennial Plan Development Standards
along the 3rd Street Irontage.

4. A Waiver Irom the Downtown Centennial Plan Development Standards is hereby
approved, to allow a building to have zero property line Irontage along 3rd Street where a
minimum 70 percent is required.

5. 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.

6. These Conditions oI Approval shall be aIIixed to the cover sheet oI any plan set submitted
Ior building permit.
SDR-55265
YK

Conditions Page Two
September 30, 2014 - Special Planning Commission Meeting



7. A technical landscape plan, signed and sealed by a Registered Architect, Landscape
Architect, Residential Designer or Civil Engineer, must be submitted prior to or at the
same time application is made Ior a building permit. A permanent underground sprinkler
system is required, and shall be permanently maintained in a satisIactory manner; the
landscape plan shall include irrigation speciIications. Installed landscaping shall not
impede visibility oI any traIIic control device.

8. A Iully operational Iire protection system, including Iire apparatus roads, Iire hydrants and
water supply, shall be installed and shall be Iunctioning prior to construction oI any
combustible structures.

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


Public Works

10. Remove all substandard public street improvements adjacent to this site, iI any, and
replace with new improvements meeting current City Standards concurrent with
development oI this site. All existing paving damaged or removed by this development
shall be restored at its original location and to its original width concurrent with
development oI this site.

11. The proposed new driveway accessing this site Irom 3rd Street shall meet the approval oI
the City TraIIic Engineer prior to the approval oI construction drawings Ior this site.

12. Landscape and maintain all unimproved right-oI-way adjacent to this site. All landscaping
and private improvements installed with this project shall be situated and maintained so as
to not create sight visibility obstructions Ior vehicular traIIic at all development access
drives and abutting street intersections.

13. Meet with the Flood Control Section oI the Department oI Public Works Ior assistance
with establishing Iinished Iloor elevations and drainage paths Ior this site prior to submittal
oI construction plans, the issuance oI any building or grading permits or the submittal oI a
map Ior this site, whichever may occur Iirst. Provide and improve all drainage ways as
recommended.

SDR-55265
YK
Staff Report Page One
September 30, 2014 - Special Planning Commission Meeting



`` STAFF REPORT ``



PRO1ECT DESCRIPTION

The applicant is requesting to convert a multi-Iamily residential property into a commercial retail
use Ior a proposed Medical Marijuana Dispensary use at 1324 South 3rd Street. This project will
entail the demolition oI the building on the north side oI the parcel and the remodeling oI the
building on the south side oI the parcel. With the removal oI one oI the buildings, there will be
space to provide the required number oI parking spaces in a new parking lot. Per the Downtown
Centennial Plan Threshold Document, no landscape or streetscape improvements are required.
With this said, the applicant is providing some on-site landscaping. Since the parcel is already
zoned commercial, this proposal will bring it into conIormance and thereIore, staII recommends
approval. II denied, the parcel will remain a residential use and no commercial activity could
take place on the site.


ISSUE

A Waiver is required to allow a Iront building setback to be 100 oII the property line,
where a minimum oI 70 is required Ior the building to be adjacent to the property line.
Since this is an adaptive reuse oI an existing building, staII supports the request.


BACKGROUND INFORMATION

Related Relevant City Actions by P&D, Fire, Bldg., etc
12/03/75
The City Council approved Rezoning (Z-0050-75) to reclassiIy property
generally located on the west side oI Fourth Street between Colorado Street
and Imperial Street Irom R-4 (High Density Residential) to C-2 (General
Commercial). The Planning Commission and staII recommended approval.
09/30/14
The Planning Commission is scheduled to consider a Special Use Permit
(SUP-55264) Ior a Medical Marijuana Dispensary at 1324 South 3
rd
Street.
StaII is recommending approval.


Most Recent Change of Ownership
11/14/12 A deed was recorded Ior a change in ownership.


Related Building Permits/Business Licenses
01/12/13
A business license (A07-00108) Ior Apartments at 1320 and 1324 South 3rd
Street was marked as out-oI-business. The license was Iirst issued on
01/01/51. The license is inactive.
SDR-55265
YK

Staff Report Page Two
September 30, 2014 - Special Planning Commission Meeting



Pre-Application Meeting
07/23/14
StaII met with the applicant and discussed the requirement Ior a Site
Development Plan Review to convert a residential use into a commercial use.


Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.


Field Check
07/31/14
StaII visited the site and Iound a well maintained, two-building multi-Iamily
residential project.


Details of Application Request
Site Area
Net Acres 0.33


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property
Multi-Family
Residential
MXU (Mix-Use)
C-2 (General
Commercial)
North Vacant MXU (Mix-Use)
C-2 (General
Commercial)
South Vacant MXU (Mix-Use)
C-2 (General
Commercial)
East General Retail C (Commercial)
C-2 (General
Commercial)
West
Multi-Family
Residential
MXU (Mix-Use)
R-4 (High Density
Residential)


Master Plan Areas Compliance
Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Overlay (Downtown South District) Y
A-O (Airport Overlay) District (200 Feet) Y
Live/Work Overlay District N/A
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
SDR-55265
YK

Staff Report Page Three
September 30, 2014 - Special Planning Commission Meeting



DEVELOPMENT STANDARDS

Pursuant to 1itle 19.8 and the Downtown Centennial Plan, the following standards apply:
Standard Required/Allowed Provided Compliance
Min. Lot Size N/A 14,000 SF Y
Min. Lot Width 100 Feet 100 Feet Y
Min. Setbacks
Front
Side
Rear
70 on Property Line
0 Feet
0 Feet
19.6 Feet (Zero on
Property Line)
3 Feet
20.6 Feet
N
Y
Y
Max. Lot Coverage 100 Allowed 20 Y
Max. Building Height N/A 14 Feet Y
Trash Enclosure
Screened, Gated, w/ a RooI or
Trellis
Enclosed Y
Mech. Equipment Screened Screened Y


Street Name
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
3rd Street
Secondary
Collector
Planned Streets and
Highways Map
80 Y


Parking Requirement - Downtown
Base Parking Requirement Provided Compliance

Use
Cross Floor
Area or
Number of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Medical
Marijuana
Dispensary
2,797 SF
1 per 175
SF
16

TOTAL SPACES REQUIRED 16

16

Y
Regular and Handicap Spaces Required 15 1 15 1 Y
Loading
Spaces
0 0 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.
SDR-55265
YK

Staff Report Page Four
September 30, 2014 - Special Planning Commission Meeting



Waivers
Requirement Request Staff Recommendation
For the Iront setback to be 70
aligned along the property line.
To allow zero percent alignment
along the Iront property line
Approval


ANALYSIS

This is an adaptive reuse oI a multi-Iamily residential property to convert to a commercial use
that will align it with the existing C-2 (General Commercial) zone district. There are two
buildings on the parcel with the north building, having an address oI 1320 South 3rd Street,
scheduled to be demolished as part oI the this project. A parking lot to service the remaining
building at 1324 South 3rd Street will be constructed in its place. Under the terms oI the
Threshold Document oI the Downtown Centennial Plan, an adaptive reuse oI a building does not
require landscaping or streetscape improvements. However, the applicant is proposing perimeter
landscaping along the north perimeter and adjacent to the 3rd Street Irontage. Although the
applicant has not shown parking lot screening, they have agreed to install the required
Downtown Centennial Plan parking lot screening Ience along 3rd Street. A condition has been
added to address this concern.

The remaining building will get a complete makeover that will give it a modern commercial
aesthetic. Fiber cement board panels in cembrit will wrap the north, east and west elevations
with the south elevation having new stucco Iinish. The northeast corner oI the building will have
Brazilian Walnut planks that will highlight the 13 new windows to complete the modern
Ieatures. A six-Ioot tall parapet made Irom the same type oI Iiber cement board panels used on
the building will screen all the mechanical equipment.

One Waiver is required to allow a building to not have 70 percent oI the Irontage located along
the property line. StaII supports this request since the building already exists and no additional
square-Iootage is being added. The re-use oI an existing, older building will bring this entire
parcel into conIormance with the existing C-2 (General Commercial) zoning district. StaII
recommends approval oI this request.


FINDINGS (SDR-55265)

In order to approve a Site Development Plan Review application, per Title 19.16.100(E) the
Planning Commission and/or City Council must aIIirm the Iollowing:

1. The proposed development is compatible with adjacent development and
development in the area;
SDR-55265
YK

Staff Report Page Five
September 30, 2014 - Special Planning Commission Meeting



The proposed improvements to the site are compatible with the adjacent development in
the immediate area and will bring the use into conIormance with the commercial zoning
district.

2. The proposed development is consistent with the General Plan, this Title, the Design
Standards Manual, the Landscape, Wall and Buffer Standards, and other duly-
adopted city plans, policies and standards;

The proposed redevelopment oI the site will be consistent with all code requirements with
the exception oI the one Waiver needed due to the existing location oI the building. This
project also supports the objectives oI the Redevelopment Plan Ior adaptive re-use oI older
buildings.

3. Site access and circulation do not negatively impact adjacent roadways or
neighborhood traffic;

The site has vehicular access Irom both 3rd Street as well as the rear alley on the west.
There is excellent access to the Bus Rapid Transit (BRT) route in Iront oI the building and
along Las Vegas Boulevard, just across the landscape Ieature on the east side oI 3rd Street.

4. Building and landscape materials are appropriate for the area and for the City;

The materials to be used are high quality and will bring this older building back to liIe with
a modern aesthetic. Although no landscape is required, the applicant is providing seven
trees to enhance the appeal oI the property.

5. Building elevations, design characteristics and other architectural and aesthetic
features are not unsightly, undesirable, or obnoxious in appearance; create an
orderly and aesthetically pleasing environment; and are harmonious and compatible
with development in the area;

The modern character oI this project oIIers an aesthetically pleasing pedestrian-oriented
amenity Ior nearby urban residents. The proposed elevations are both harmonious and
compatible with development in the area.

6. Appropriate measures are taken to secure and protect the public health, safety and
general welfare.

The proposed project will not impact public heal, saIety or welIare, as the proposed
building and site improvements will be subject to City inspections during the construction
process.
SDR-55265
YK

Staff Report Page Six
September 30, 2014 - Special Planning Commission Meeting



NEIGHBORHOOD ASSOCIATIONS NOTIFIED 30


NOTICES MAILED 334


APPROVALS 0


PROTESTS 0

S
D
R
-


-

A
P
P
L
I
C
A
N
T
:


C
L
A
R
k

N
M
S
D


L
L
C

-

O
W
N
E
R
:


P
R
O
V
I
E
W

S
E
R
I
E
S

1
1


L
L
C

1
3
Z
4

S
O
U
T
H

T
H
I
R
D

S
T
R
E
E
T






Agenda tem No.: 18.



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

SUB1ECT:
SUP-55272 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: COMMERCE
PARK MEDICAL, LLC - OWNER: MW, LLC - For possible action on a request Ior a Special
Use Permit FOR A PROPOSED 9,750 SQUARE-FOOT MEDICAL MARIJUANA
DISPENSARY at 1112 South Commerce Street (APN 162-04-506-007), M (Industrial) Zone,
Ward 3 (CoIIin). StaII recommends APPROVAL.

C.C.: 10/29/2014

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-55272
SS

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: COMMERCE PARK MEDICAL, LLC - OWNER:
M W, LLC


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55272 StaII recommends APPROVAL, subject to conditions: N/A


`` CONDITIONS ``


SbF-55272 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. Prior to the issuance oI a business license or building permit, whichever occurs Iirst, the
site plan shall be revised to provide one additional handicap accessible parking space.

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, building elevations and Iloor
plan, date stamped 07/23/14, 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 commencement oI
any construction oI modiIications.
SUP-55272
SS

Conditions Page Two
September 30, 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-55272
SS

SUP-55272
SS
Staff Report Page One
September 30, 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 1112 South Commerce Street. 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 were reviewed and approved 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-55272
SS
Staff Report Page Two
September 30, 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
02/26/14 A deed was recorded Ior a change in ownership.


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


Field Check
07/31/14
The subject site contains an existing single story building in good condition
with several Ialse painted storeIronts on the east elevation.


Details of Application Request
Site Area
Net Acres 3.48


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property
ManuIacturing,
Light
LI/R (Light
Industry/Research)
M (Industrial)
North
Building &
Landscape
Material/Lumber
Yard
LI/R (Light
Industry/Research)
M (Industrial)
SUP-55272
SS
Staff Report Page Three
September 30, 2014 - Special Planning Commission Meeting



South
Building
Maintenance Service
and Sales
LI/R (Light
Industry/Research)
M (Industrial)
East
Auto Repair Garage,
Major
LI/R (Light
Industry/Research)
C-M
(Commercial/Industrial)
West U.P.R.R. Right-oI-Way Right-oI-Way


Master Plan Areas Compliance
Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Overlay District (Downtown South District) Y
A-O (Airport Overlay) District (200 Feet) Y
Live/Work Overlay District N/A
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
Commerce Street Minor Collector
Master Plan oI Streets
and Highways Map
75 Y
Charleston Blvd. Primary Arterial
Master Plan oI Streets
and Highways Map
135 Y


Pursuant to 1itle 19.8 and 19.12, the following parking standards apply:
Parking Requirement
Required Provided Compliance
Parking Parking
Use
Cross Floor
Area or
Number of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Medical
Marijuana
Dispensary
Facility
9,750 SF 1/175 SF 56

TOTAL SPACES REQUIRED 56

107

Y
Regular and Handicap Spaces Required 53 3 105 2 N
Loading
Spaces
9,750 SF 1
1
(tandem)
Y
SUP-55272
SS

Staff Report Page Four
September 30, 2014 - Special Planning Commission Meeting



Pursuant to 1itle 19.12.7, the following standards apply:
Wall Signs: [East elevation]
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage 1 sign Y
Maximum Area 30 SF 30 SF Y
Maximum Height 2 Feet 2 Feet Y
Illumination
Internal
(Neon Prohibited)
Internal colored
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,
'Pursuant to Title 19.16.110, please accept this as the justiIication letter in support oI the Special
Use Permit (SUP) application on behalI oI Commerce Park Medical, LLC, a Nevada limited
liability company, Ior a Medical Marijuana Establishment (MME) Dispensary Facility. The
Iloor plan illustrates a 9,750 square-Ioot Medical Marijuana Dispensary with 842 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 propertv, as well as there are no individual care centers licensed for more than
12 children, communitv recreational facilities (public) or Citv parks or churches/houses
of worship within 300 feet of the subfect propertv.

*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-55272
SS

Staff Report Page Five
September 30, 2014 - Special Planning Commission Meeting



The proposed use meets this requirement, measurement is taken from the propertv line of
Lot 1 of Parcel Map File 82 Page 14, located at the southeast corner of Charleston
Boulevard and the Union Pacific Railroad right-of-wav.

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

The subfect site is a standalone parcel and did not require the creation of a separate
parcel to meet the distance separation requirements. As such, Subsection 3.b.ii is not
applicable and the site is in conformance with this requirement. The measurement to the
protected uses was determined using the specified method in Requirement 2. The
distance to the protected uses was taken from the propertv line of the subfect site.

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

The use complies and will be subfect to this requirement.

*5. No outside storage shall be permitted, including the use oI shipping containers Ior on-
site storage.
SUP-55272
SS

Staff Report Page Six
September 30, 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 onlv one public access point to the proposed Medical
Marifuana Dispensarv.

*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 internallv illuminated
wall sign per street frontage.

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

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

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

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

*11. Elevations and signage must Iirst be reviewed by the Downtown Design Review
Committee established pursuant to LVMC 19.10.100(D)(1) prior to any public hearing
Ior a Special Use Permit. The review will be perIormed in accordance with the
procedures set Iorth in LVMC 19.10.100(D), as in the case oI reviews normally
perIormed by that Committee, but measuring compliance instead with the substantive
standards Ior elevations and signage pertaining to dispensaries that are set Iorth in this
Title or that have been established administratively by the Director.
SUP-55272
SS

Staff Report Page Seven
September 30, 2014 - Special Planning Commission Meeting



The proposed building elevations and signage were reviewed and approved bv 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.

The proposed use would be placed within a 9,750 square-Ioot standalone building located within
a developed commercial property located along Commerce Street. The subject site Iacilitates the
required parking Ior the proposed use. StaII notes that an additional handicap accessible parking
space is required and must be required on a revised site plan. 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-55272)

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 standalone building that will be devoted entirely to the proposed use.
This site contains adequate parking Ior a Medical Marijuana Dispensary, and the
proposed use does not generate the need Ior any additional parking spaces beyond what
has been provided onsite.
SUP-55272
SS

Staff Report Page Eight
September 30, 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 Commerce Street, a
75-Ioot Collector, which has adequate capacity to serve the proposed development.

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

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

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

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



NEIGHBORHOOD ASSOCIATIONS NOTIFIED 30


NOTICES MAILED 419


APPROVALS 0


PROTESTS 0

S
U
P
-

Z
7
Z

-

A
P
P
L
I
C
A
N
T
:


C
O
M
M
E
R
C
E

P
A
R
k

M
E
D
I
C
A
L


L
L
C

-

O
W
N
E
R
:


M
W


L
L
C

1
1
1
Z

S
O
U
T
H

C
O
M
M
E
R
C
E

S
T
R
E
E
T



S
U
P
-

Z
7
Z

-

A
P
P
L
I
C
A
N
T
:


C
O
M
M
E
R
C
E

P
A
R
k

M
E
D
I
C
A
L


L
L
C

-

O
W
N
E
R
:


M
W


L
L
C

1
1
1
Z

S
O
U
T
H

C
O
M
M
E
R
C
E

S
T
R
E
E
T



S
U
P
-

Z
7
Z

-

A
P
P
L
I
C
A
N
T
:


C
O
M
M
E
R
C
E

P
A
R
k

M
E
D
I
C
A
L


L
L
C

-

O
W
N
E
R
:


M
W


L
L
C

1
1
1
Z

S
O
U
T
H

C
O
M
M
E
R
C
E

S
T
R
E
E
T






Agenda tem No.: 19.



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

SUB1ECT:
SUP-55275 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: PARADISE
WELLNESS CENTER, LLC - OWNER: CHETAK DEVELOPMENT CORPORATION, LLC -
For possible action on a request Ior a Special Use Permit FOR A PROPOSED 3,680 SQUARE-
FOOT MEDICAL MARIJUANA DISPENSARY at 2242, 2244 and 2246 Paradise Road (APNs
162-03-411-009, 010, and 011), C-2 (General Commercial) Zone, Ward 3 (CoIIin). StaII
recommends APPROVAL.

C.C.: 10/29/2014

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-55275
SS

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: PARADISE WELLNESS CENTER, LLC -
OWNER: CHETAK DEVELOPMENT CORPORATION, LLC


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55275 StaII recommends APPROVAL, subject to conditions: N/A


`` CONDITIONS ``


SbF-55275 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 07/23/14, 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-55275
SS

Conditions Page Two
September 30, 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. 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.

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

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

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

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

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

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

16. A Medical Marijuana Dispensary shall obtain all required approvals Irom the State oI
Nevada to operate such a Iacility prior to the Special Use Permit being exercised pursuant
to LVMC 19.16.110.
SUP-55275
SS

Conditions Page Three
September 30, 2014 - Special Planning Commission Meeting




17. ConIormance to all regulations pertaining to Medical Marijuana Establishments 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-55275
SS
Staff Report Page One
September 30, 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 2242, 2244 and 2246 Paradise 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-2 (General Commercial)
zoning district with the approval oI a Special Use Permit.
The subject building elevations and signage have been reviewed and approved 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
The City Council approved a Rezoning Irom C-1 (Limited Commercial) to C-
2 (General Commercial) on 2.40 acres at 2202-2252 Paradise Road. The
Planning Commission and staII recommended approval.
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 was adopted on
05/21/14.
SUP-55275
SS

Staff Report Page Two
September 30, 2014 - Special Planning Commission Meeting



06/04/14
City Council approved Text Amendment (TXT-52502) to amend Las Vegas
Municipal Code Title 6 to implement licensing regulations related to Iacilities
Ior the production oI edible marijuana products or marijuana-inIused
products, medical marijuana dispensaries, medical marijuana cultivation
Iacilities, and independent testing laboratories, collectively reIerred to as
medical marijuana establishments, in conIormance with the intent oI SB 374
oI the 2013 session oI the Nevada Legislature and to provide Ior other related
matters. Ordinance 6324 was adopted on 06/04/14.
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
11/01/00 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
The proposed dispensary would be located in an existing in-line retail
building in the three southernmost tenant spaces. The building has two
Irontages and backs up to an alley. The building and property are well
maintained.


Details of Application Request
Site Area
Net Acres 1.66 (Iull retail center is 2.40)


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property Shopping Center C (Commercial)
C-2 (General
Commercial)
North
Multi-Family
Residential
(Condominiums)
C (Commercial)
R-4 (High Density
Residential)
SUP-55275
SS
Staff Report Page Three
September 30, 2014 - Special Planning Commission Meeting



South Hotel/Casino Clark County Clark County
OIIice, Other Than
Listed East
General Retail
C (Commercial)
C-1 (Limited
Commercial)
Motel
West
General Retail
C (Commercial)
C-2 (General
Commercial)


Master Plan Areas Compliance
Beverly Green / Southridge Neighborhood Y
Special Purpose and Overlay Districts Compliance
G-O (Gaming Enterprise Overlay) District N/A
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) 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
Paradise Road Primary Arterial
Master Plan oI Streets
and Highways Map
90 N
Sahara Avenue Primary Arterial
Master Plan oI Streets
and Highways Map
117 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
30,032 SF 1/250 SF 121

TOTAL SPACES REQUIRED 121

131

Y
Regular and Handicap Spaces Required 116 5 124 7 Y

SUP-55275
SS

Staff Report Page Four
September 30, 2014 - Special Planning Commission Meeting



Pursuant to 1itle 19.12.7, the following standards apply:
Wall Signs: [East and south elevations]
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage 2 signs Y
Maximum Area 30 SF 30 SF Y
Maximum Height 2 Feet 2 Feet Y
Illumination
Internal
(Neon Prohibited)
Internal per
justiIication letter
(no neon)
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 is applying Ior a Special Use Permit to allow the Business to sell prescribed
medical marijuana Ior oII-premises consumption by patients with valid medical marijuana
registry cards. The Iloor plan illustrates a 3,680 square-Ioot Medical Marijuana Dispensary
with 621 square Ieet oI waiting, 37 square Ieet oI queuing and 260 square Ieet oI 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 propertv, as well as there are no individual care centers licensed for more than
12 children, communitv recreational facilities (public) or Citv parks or churches/houses
of worship within 300 feet of the subfect propertv.
SUP-55275
SS

Staff Report Page Five
September 30, 2014 - Special Planning Commission Meeting



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

The proposed use meets this requirement, measurement is taken from the outer propertv
lines of Lots 9 and 10 of Book 2 Page 100 of Plats, located at the northwest corner of
Sahara Avenue and Paradise 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 proposed use complies with Subparagraph (a) of this requirement. The established
location is within a shopping center that has a recorded agreement of perpetual,
reciprocal cross-access, ingress and egress throughout the three parcels that make up the
shopping center. It is not part of a commercial subdivision.
SUP-55275
SS

Staff Report Page Six
September 30, 2014 - Special Planning Commission Meeting



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

The use complies and will be subfect to this requirement.

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

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

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

The submitted floor plan indicates onlv one public access point to the proposed Medical
Marifuana Dispensarv.

*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 tenant suites where the use is proposed.

*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 internallv illuminated
wall sign per street frontage (the building has two frontages and two signs are
approved).

*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.
SUP-55275
SS

Staff Report Page Seven
September 30, 2014 - Special Planning Commission Meeting



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 bv 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.


The proposed use would be placed within a 3,680 square-Ioot tenant space located within an
existing inline retail building on a developed commercial property. The site has two Irontages,
Sahara Avenue and Paradise 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-55275)

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:
SUP-55275
SS

Staff Report Page Eight
September 30, 2014 - Special Planning Commission Meeting


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 shopping center. This site contains adequate parking Ior the
proposed medical marijuana dispensary and all other existing uses, and the proposed use
does not generate the need Ior any additional parking spaces beyond what has been
provided onsite.

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

The proposed Medical Marijuana Dispensary can be accessed Irom Paradise Road, a 90-
Ioot wide Primary Arterial that has adequate capacity to serve the proposed development.
Secondary access is also provided Irom a 20-Ioot wide alley perpendicular to Sahara
Avenue.

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 17


NOTICES MAILED 979


APPROVALS 0


PROTESTS 0
S
U
P
-

Z
7


-

A
P
P
L
I
C
A
N
T
:


P
A
R
A
D
I
S
E

W
E
L
L
N
E
S
S

C
E
N
T
E
R


L
L
C

-

O
W
N
E
R
:


C
H
E
T
A
k

D
E
V
E
L
O
P
M
E
N
T


L
L
C

Z
Z
4
Z


Z
Z
4
4

&

Z
Z
4


P
A
R
A
D
I
S
E

R
O
A
D



S
U
P
-

Z
7


-

A
P
P
L
I
C
A
N
T
:


P
A
R
A
D
I
S
E

W
E
L
L
N
E
S
S

C
E
N
T
E
R


L
L
C

-

O
W
N
E
R
:


C
H
E
T
A
k

D
E
V
E
L
O
P
M
E
N
T


L
L
C

Z
Z
4
Z


Z
Z
4
4

&

Z
Z
4


P
A
R
A
D
I
S
E

R
O
A
D






Agenda tem No.: 20.



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

SUB1ECT:
SUP-55277 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: GB SCIENCES
NEVADA, LLC - OWNER: WOLFSON MEDICAL CENTER DOWNTOWN, LLC - For
possible action on a request Ior a Special Use Permit FOR A PROPOSED 4,188 SQUARE-
FOOT MEDICAL MARIJUANA DISPENSARY at 921 South Las Vegas Boulevard, Suite #100
(APNs 139-34-410-167, 168 and 169), C-2 (General Commercial) Zone, Ward 3 (CoIIin). StaII
recommends APPROVAL,

C.C.: 10/29/2014

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-55277
SS

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: GB SCIENCES NEVADA, LLC - OWNER:
WOLFSON MEDICAL CENTER DOWNTOWN, LLC


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55277 StaII recommends APPROVAL, subject to conditions: N/A


`` CONDITIONS ``


SbF-55277 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 date stamped 08/19/14, and
building elevations, sign elevations and Iloor plan date stamped 08/04/14, except as
amended by conditions herein. Any modiIication oI the premises oI a medical marijuana
establishment shall be Iiled 60 days in advance oI any proposed construction. A Iull and
complete copy oI all architectural and building plans shall be Iiled with the Director Ior a
review oI compliance with Title 6.95 and Title 19. The Director shall review the plans and
approve any modiIications in compliance with this chapter prior to the commencing oI any
construction oI modiIications.
SUP-55277
SS

Conditions Page Two
September 30, 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. 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.

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

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

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

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

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

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

16. A Medical Marijuana Dispensary shall obtain all required approvals Irom the State oI
Nevada to operate such a Iacility prior to the Special Use Permit being exercised pursuant
to LVMC 19.16.110.
SUP-55277
SS

Conditions Page Three
September 30, 2014 - Special Planning Commission Meeting



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

18. All City Code requirements and design standards oI all City departments must be satisIied,
except as modiIied herein.
SUP-55277
SS

Staff Report Page One
September 30, 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 921 South Las Vegas Boulevard, Suite #100. 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 were reviewed and approved 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-55277
SS
Staff Report Page Two
September 30, 2014 - Special Planning Commission Meeting



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


Most Recent Change of Ownership
11/01/13 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
The site contains an existing medical oIIice building with neon illuminated
channel letters aIIixed to the west and south building elevations. Parking is
located to the north oI the building.


Details of Application Request
Site Area
Net Acres 0.53


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned Land Use
Designation
Existing Zoning District
Subject Property
OIIice, Medical and
parking
MXU (Mixed Use)
C-2 (General
Commercial)
North Parking Facility MXU (Mixed Use)
C-2 (General
Commercial)
SUP-55277
SS
Staff Report Page Three
September 30, 2014 - Special Planning Commission Meeting



Financial Institution,
SpeciIied South
General Retail
C (Commercial)
C-2 (General
Commercial)
Liquor
Establishment
(Tavern)
East
General Retail
MXU (Mixed Use) and
C (Commercial)
C-1 (Limited
Commercial)
Motel C (Commercial)
West
Liquor
Establishment
(Tavern)
MXU (Mixed Use)
C-2 (General
Commercial)


Master Plan Areas Compliance
Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Overlay District (Downtown South District) Y
Live/Work Overlay District N/A
Las Vegas Boulevard Scenic Byway Overlay District Y
Other Plans or Special Requirements Compliance
Trails (Scenic Byway Trail) 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
Las Vegas Blvd. Primary Arterial
Master Plan oI Streets
and Highways Map
85 N

SUP-55277
SS

Staff Report Page Four
September 30, 2014 - Special Planning Commission Meeting



Pursuant to 1itle 19.8 and 19.12, the following parking standards apply:
Parking Requirement
Required Provided Compliance
Parking Parking
Use
Cross Floor
Area or
Number of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Medical
Marijuana
Dispensary
Facility
4,188 SF 1/175 SF 24

OIIice,
Medical
4,008 SF
1/200 SF
up to
2,000 SF,
then 1/175
SF
22

TOTAL SPACES REQUIRED 46

36

N*
Regular and Handicap Spaces Required 46 2 34 2 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.


Pursuant to 1itle 19.12.7, the following standards apply:
Wall Signs: [WEST ELEJATION]
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage 1 sign Y
Maximum Area 30 SF 23 SF Y
Maximum Height 2 Feet 2 Feet Y
Illumination
Internal
(Neon Prohibited)
Backlit green and
white 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,
'Attached is a signed, notarized, and acknowledged application Ior a Medical Marijuana
Dispensary Special Use Permit along with the requisite site plan and other relevant items
associated with this request Ior approval oI a Dispensary pursuant to LVMC 6.95.020. The
Iloor plan illustrates a 4,188 square-Ioot Medical Marijuana Dispensary with 514 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-55277
SS

Staff Report Page Five
September 30, 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 propertv, as well as there are no individual care centers licensed for more than
12 children, communitv recreational facilities (public) or Citv parks or churches/houses
of worship within 300 feet of the subfect propertv.

*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 propertv line of
Lots 3-8 and a portion of Lot 9, Block 27 of Book 1 Page 51 of Plats, located on the east
side of Las Jegas Boulevard, 50 feet south of Hoover 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-55277
SS

Staff Report Page Six
September 30, 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 complies with Subsection (a) of this requirement. 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 onlv one public access point to the proposed Medical
Marifuana Dispensarv.

*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-55277
SS

Staff Report Page Seven
September 30, 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 23 square-foot internallv 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 bv 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-55277
SS

Staff Report Page Eight
September 30, 2014 - Special Planning Commission Meeting



The proposed use would be placed within a 4,188 square-Ioot tenant space located within an
existing medical oIIice located along Las Vegas Boulevard. The subject site does not meet the
standard parking requirements Ior the medical marijuana dispensary and medical oIIice uses;
however, Title 19 parking requirements within the Downtown Centennial Plan area are not
strictly applied, and adequate parking is located in the vicinity oI the site to accommodate these
uses. (A satellite parking lot is located to the northeast oI the 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-55277)

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 medical oIIice. Adequate parking Ior all uses is provided
onsite and on a satellite parking lot to the northeast oI the subject site. 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, an 85-Ioot Primary Arterial as depicted on the Master Plan oI Streets and
Highways, which has adequate capacity to serve the proposed development. Secondary
access is also provided Irom a rear alley with access to Hoover Avenue.

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-55277
SS

Staff Report Page Nine
September 30, 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 34


NOTICES MAILED 708


APPROVALS 0


PROTESTS 0


S
U
P
-

Z
7
7

-

A
P
P
L
I
C
A
N
T
:


S


S
C
I
E
N
C
E
S

N
E
V
A
D
A


L
L
C

-

O
W
N
E
R
:


W
O
L
F
S
O
N

M
E
D
I
C
A
L

C
E
N
T
E
R

D
O
W
N
T
O
W
N


L
L
C

9
Z
1

S
O
U
T
H

L
A
S

V
E
S
A
S

O
U
L
E
V
A
R
D



S
U
P
-

Z
7
7

-

A
P
P
L
I
C
A
N
T
:


S


S
C
I
E
N
C
E
S

N
E
V
A
D
A


L
L
C

-

O
W
N
E
R
:


W
O
L
F
S
O
N

M
E
D
I
C
A
L

C
E
N
T
E
R

D
O
W
N
T
O
W
N


L
L
C

9
Z
1

S
O
U
T
H

L
A
S

V
E
S
A
S

O
U
L
E
V
A
R
D



S
U
P
-

Z
7
7

-

A
P
P
L
I
C
A
N
T
:


S


S
C
I
E
N
C
E
S

N
E
V
A
D
A


L
L
C

-

O
W
N
E
R
:


W
O
L
F
S
O
N

M
E
D
I
C
A
L

C
E
N
T
E
R

D
O
W
N
T
O
W
N


L
L
C

9
Z
1

S
O
U
T
H

L
A
S

V
E
S
A
S

O
U
L
E
V
A
R
D



S
U
P
-

Z
7
7

-

A
P
P
L
I
C
A
N
T
:


S


S
C
I
E
N
C
E
S

N
E
V
A
D
A


L
L
C

-

O
W
N
E
R
:


W
O
L
F
S
O
N

M
E
D
I
C
A
L

C
E
N
T
E
R

D
O
W
N
T
O
W
N


L
L
C

9
Z
1

S
O
U
T
H

L
A
S

V
E
S
A
S

O
U
L
E
V
A
R
D






Agenda tem No.: 21.



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

SUB1ECT:
SUP-55280 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: PHYSIS ONE,
LLC - OWNER: LGC 231, LLC - For possible action on a request Ior a Special Use Permit FOR
A PROPOSED 1,868 SQUARE-FOOT MEDICAL MARIJUANA DISPENSARY at 231 West
Charleston Boulevard, Suites #110 and #120 (APN 162-04-504-011), M (Industrial) Zone, Ward
3 (CoIIin). StaII recommends APPROVAL.

C.C.: 10/29/2014

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-55280
DC

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: PHYSIS ONE, LLC - OWNER: LGC 231, LLC


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55280 StaII recommends APPROVAL, subject to conditions:

N/A


`` CONDITIONS ``


SbF-55280 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 Site
Development Plan Review (SDR-8692) shall be required.

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

4. 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.

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

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

SUP-55280
DC

Conditions Page Two
September 30, 2014 - Special Planning Commission Meeting



7. All development shall be in conIormance with the site plan, building and sign 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.

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 Dispensary be
removed.

16. All medical marijuana products shall remain in the original manuIacturer's conIiguration
intended Ior oII-sale.
SUP-55280
DC

Conditions Page Three
September 30, 2014 - Special Planning Commission Meeting



17. 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.

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

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




SUP-55280
DC
Staff Report Page One
September 30, 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 231 West Charleston Boulevard Suites #110 and #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 an M (Industrial) zoning district
with the approval oI a Special Use Permit.
The subject building elevations and signage has been reviewed and approved by the
Downtown Design Review Committee (DDRC) on August 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
12/17/03
The City Council approved a Variance (VAR-3202) request to allow 101
parking spaces where 150 spaces are required on 2.25 acres at 299 West
Charleston Boulevard. The Planning Commission and staII recommended
approval.
12/17/03
The City Council approved a Site Development Plan Review (SDR-3199) Ior
a 36,223 square Ioot existing commercial building and a Waiver oI parking
lot perimeter landscape standards on 2.25 acres at 299 West Charleston
Boulevard. StaII recommended approval

SUP-55280
DC

Staff Report Page Two
September 30, 2014 - Special Planning Commission Meeting



05/27/04
The Planning Commission approved a Site Development Plan Review (SDR-
4292) and a Waiver oI landscaping requirements Ior a proposed 6,666 square
Ioot commercial building on 0.27 acres at 219 West Charleston Boulevard.
StaII recommended approval.
09/22/05
The Planning Commission approved a Site Development Plan Review (SDR-
8692) Ior Major Amendment to an approved Site Development Plan Review
(SDR-3199) Ior an existing 43,167 square-Ioot commercial building on 2.25
acres at 231 and 241 West Charleston Boulevard. StaII recommended
approval.
05/05/07
The City Council approved a Special Use Permit (SUP-22579) Ior a
Beer/Wine/Cooler On and OII-Sale Establishment at 241 West Charleston
Boulevard Suite #101. The Planning Commission and staII recommended
approval oI this request.
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 Ior the proposed Medical Marijuana Dispensary.


Most Recent Change of Ownership
12/22/03 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-55280
DC

Staff Report Page Three
September 30, 2014 - Special Planning Commission Meeting



Field Check
08/05/14
StaII conducted a Iield check and Iound the subject site to be a well-
maintained oIIice and retail development.


Details of Application Request
Site Area
Net Acres 2.59


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property OIIice and Retail MXU (Mixed Use) M (Industrial)
North
Vacant/Rail/Transit
Yard
MXU (Mixed Use)
PD (Planned
Development)
South Vacant MXU (Mixed Use) M (Industrial)
East
UPRR (Union
PaciIic Rail Road
right-oI-way)
UPRR (Union PaciIic
Rail Road right-oI-way)
UPRR (Union PaciIic Rail
Road right-oI-way)
West
Auto Repair Garage,
Major
MXU (Mixed Use) M (Industrial)


Master Plan Areas Compliance
Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Overlay District (Industrial 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

SUP-55280
DC

Staff Report Page Four
September 30, 2014 - Special Planning Commission Meeting



DEVELOPMENT STANDARDS

Street Name
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Charleston
Boulevard
Primary Arterial
Planned Streets and
Highways Map / Title
19.04 Complete Streets
142-164 FT Y



Pursuant to 1itle 19.8 and 19.12, the following parking standards apply:
Parking Requirement
Required Provided Compliance
Parking Parking
Use
Cross Floor
Area or
Number of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Medical
Marijuana
Dispensary
Facility
1,868 SF 1/175 SF

Shopping
Center
43,908 1/250 SF 176

TOTAL SPACES REQUIRED 176

94

Y*
Regular and Handicap Spaces Required 170 6 88 6 Y*
Loading
Spaces
3 3 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: East Elevation
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage 1 Y
Maximum Area 30 SF 18.67 SF Y
Maximum Height 2 Feet 2 FT Y
Illumination
Internal
(Neon Prohibited)
None
Y

SUP-55280
DC

Staff Report Page Five
September 30, 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,
'Physis One intends on operating its Dispensary between the hours oI 6:00 AM and 10:00 PM
daily. Physis One... has developed a comprehensive program oI policies and procedures to
operate a medical marijuana dispensary in the City oI Las Vegas to ensure that it meets and
exceeds the regulations promulgated by the City oI Las Vegas and State oI Nevada..., complies
with local business licensing requirements and local land use and code requirements; protects
and promotes the public health, saIety and general welIare oI patients, residents oI our
community, and guests and tourists. The Iloor plan illustrates a 1,868 square-Ioot Medical
Marijuana Dispensary with approximately 1,200 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 propertv, as well as there are no individual care centers licensed for more than
12 children, communitv recreational facilities (public) or Citv parks or churches/houses
of worship within 300 feet of the subfect propertv.

* 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 propertv line of
that portion of the Northeast Quarter (NE /) of Section 4, Township 21 South, Range 61
East, M.D.B.&M., Clark Countv, Nevada.
SUP-55280
DC

Staff Report Page Six
September 30, 2014 - Special Planning Commission Meeting



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

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

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

The use complies and will be subfect to this requirement.

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

The proposed use meets this requirement as no outside storage, including shipping
containers has been denoted within the submitted site plan.
SUP-55280
DC

Staff Report Page Seven
September 30, 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 onlv one public access point to the proposed Medical
Marifuana Dispensarv.

*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 18.67 square-foot non-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 bv the
Downtown Design Review Committee (DDRC) on August 19th, 2014.
SUP-55280
DC

Staff Report Page Eight
September 30, 2014 - Special Planning Commission Meeting



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

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

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

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


The proposed use would be placed within a 1,868 square-Ioot tenant space located within a
Commercial Shopping Center located along Charleston Boulevard. The subject site Iacilitates the
required parking Ior the proposed use. Other than the Minimum Special Use Permit
Requirements Iound within Title 19.12, there are no special development requirements
pertaining to the site. There are no other similar uses or protected uses within the required
distance separations. For these reasons, the proposed use is deemed compatible with the
surrounding uses; thereIore, staII recommends approval with conditions.


FINDINGS (SUP-55280)

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 developed retail and commercial shopping center. 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.
SUP-55280
DC

Staff Report Page Nine
September 30, 2014 - Special Planning Commission Meeting



The proposed Medical Marijuana Dispensary can be accessed Irom Charleston
Boulevard, a 100-Ioot Primary Arterial that has adequate capacity to serve the proposed
development.

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

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

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

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



NEIGHBORHOOD ASSOCIATIONS NOTIFIED 30


NOTICES MAILED 179


APPROVALS 0


PROTESTS 0

S
U
P
-

0

-

A
P
P
L
I
C
A
N
T
:


P
H
Y
S
I
S

O
N
E


L
L
C

-

O
W
N
E
R
:


L
S
C

Z
3
1


L
L
C

Z
3
1

W
E
S
T

C
H
A
R
L
E
S
T
O
N

O
U
L
E
V
A
R
D


S
U
I
T
E
S

1
1
0

&

1
Z
0



S
U
P
-

0

-

A
P
P
L
I
C
A
N
T
:


P
H
Y
S
I
S

O
N
E


L
L
C

-

O
W
N
E
R
:


L
S
C

Z
3
1


L
L
C

Z
3
1

W
E
S
T

C
H
A
R
L
E
S
T
O
N

O
U
L
E
V
A
R
D


S
U
I
T
E
S

1
1
0

&

1
Z
0






Agenda tem No.: 22.



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

SUB1ECT:
SUP-55282 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: NEVADA
WELLNESS PROJECT, LLC - OWNER: FIVE GUYS ON THIRD, LLC - For possible action
on a request Ior a Special Use Permit FOR A PROPOSED 1,960 SQUARE-FOOT MEDICAL
MARIJUANA DISPENSARY at 823 South 3rd Street (APN 139-34-410-105), C-2 (General
Commercial) Zone, Ward 3 (CoIIin). StaII recommends DENIAL.

C.C.: 10/29/2014

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.

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


SUP-55282
SG

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: NEVADA WELLNESS PROJECT, LLC -
OWNER: FIVE GUYS ON THIRD, LLC


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55282 StaII recommends DENIAL, subject to conditions: N/A


`` CONDITIONS ``


SbF-55282 CONDIIIONS


Planning

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

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

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

4. All development shall be in conIormance with the site plan, building and sign elevations
and Iloor plan, date stamped 08/28/14, 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.

5. This approval shall be void eighteen months Irom the date oI Iinal approval, unless
exercised pursuant upon the issuance oI a business license. An Extension oI Time may be
Iiled Ior consideration by the City oI Las Vegas.
SUP-55282
SG

Conditions Page Two
September 30, 2014 - Special Planning Commission Meeting



6. A revised Iloor plan depicting a single public access point shall be submitted to the
Department oI Planning Ior approval, prior to or at the time oI building permit submittal.

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

8. 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.

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 Dispensary be
removed.

16. All medical marijuana products shall remain in the original manuIacturer's conIiguration
intended Ior oII-sale.
SUP-55282
SG

Conditions Page Three
September 30, 2014 - Special Planning Commission Meeting



17. 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.

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

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

SUP-55282
SG

Staff Report Page One
September 30, 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 823 South 3
rd
Street. 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. However, the Iloor plan Ior the establishment depicts two
common lobbies at the Iront and rear, which provide public access to the two separate suites
within the multi-tenant building. The Iront lobby provides direct access to the main reception
area Irom the public street. The rear lobby provides direct access to the parking area oII oI the
alley, including handicap parking. Shared restrooms Ior the entire building are located within the
rear lobby area, and are required to be available Ior public use. Minimum Special Use Permit
Requirement #6, which cannot be waived, requires that 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.
As such, StaII recommends denial oI the proposed use with conditions iI approved. 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 by the
Downtown Design Review Committee (DDRC) on September 16
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.
The dispensary, as proposed, has more than one entry, and does not meet Minimum Special
Use Permit Requirement #6, which limits the use to a single entry. II approved, a condition
oI approval has been added to require submittal oI a revised Iloor plan in conIormance with
the requirement.
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.
SUP-55282
SG

Staff Report Page Two
September 30, 2014 - Special Planning Commission Meeting



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.
06/04/14
City Council approved Text Amendment (TXT-52502) to amend Las Vegas
Municipal Code Title 6 to implement licensing regulations related to Iacilities
Ior the production oI edible marijuana products or marijuana-inIused
products, medical marijuana dispensaries, medical marijuana cultivation
Iacilities, and independent testing laboratories, collectively reIerred to as
medical marijuana establishments, in conIormance with the intent oI SB 374
oI the 2013 session oI the Nevada Legislature and to provide Ior other related
matters. Ordinance 6324.
09/16/14
The Downtown Design Review Committee approved the building elevations
and signage Ior the proposed Medical Marijuana Dispensary.


Most Recent Change of Ownership
12/16/05 A deed was recorded Ior a change in ownership.


Pre-Application Work Croup
06/12/14
The applicant attended a pre-application workgroup meeting, in which
submittal requirements Ior the Iiling oI the Special Use Permit application, as
well as Business Licensing applications were reviewed and supplemental
handouts were given.


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


Details of Application Request
Site Area
Net Acres 0.15
SUP-55282
SG

Staff Report Page Three
September 30, 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
Proposed Dispensary
and Health Club
MXU (Mixed Use) C-2 (General Commercial)
North Undeveloped MXU (Mixed Use) C-2 (General Commercial)
South
Multi-Iamily
Residential
MXU (Mixed Use) C-2 (General Commercial)
East General Retail MXU (Mixed Use) C-2 (General Commercial)
West
Multi-Iamily
Residential
MXU (Mixed Use)
C-2 (General Commercial)
and R-4 (High Density
Residential)


Master Plan Areas Compliance
Downtown Centennial Plan (Downtown South District) Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Overlay District Y
Live/Work Overlay District Y
Other Plans or Special Requirements Compliance
Trails (On-street bike trail) 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
3
rd
Street Local N/A 80 Feet Y


SUP-55282
SG

Staff Report Page Four
September 30, 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
Health Club 1,588 1/200 8
Medical
Marijuana
Dispensary
Facility
1,960 1/175 SF 12

TOTAL SPACES REQUIRED 20

5

N*
Regular and Handicap Spaces Required 19 1 4 1 N*
Loading
Spaces
1 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.


Medical Marijuana Dispensary
Wall Signs:
Standards Allowed Provided
Maximum Number 1 per Street Frontage 2 (1 Iront, 1 rear)
Maximum Area 30 SF 12 SF
Maximum Height 2 Feet 2 Feet
Illumination
Internal
(Neon Prohibited)
Not Provided
(By Condition)


ANALYSIS

The Medical Marijuana Dispensary use is deIined as 'An establishment which acquires,
possesses, delivers, transIers, transports, supplies, sells or dispenses marijuana or related supplies
and educational materials to the holder oI a valid registry identiIication card. This use includes a
'medical marijuana dispensary, as deIined in NRS 453A.115. The justiIication letter states
that the proposed dispensary will oIIer a variety oI marijuana strains to cover most medical
needs. The hours oI operation are anticipated to be 6:00 am to 10:00 pm, seven days per week.
The Iloor plan illustrates a 1,960 square-Ioot Medical Marijuana Dispensary with 1,029 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-55282
SG

Staff Report Page Five
September 30, 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 propertv, as well as there are no individual care centers licensed for more than
12 children, communitv recreational facilities (public) or Citv parks or churches/houses
of worship within 300 feet of the subfect propertv.

* 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 propertv line of
Lots 13 and 14 in Block 16 of South Addition, as shown bv map thereof on file in Book 1
of Plats, Page 51, in the office of the Countv Recorder of Clark Countv, Nevada.

* 3. For the purpose oI Requirement 2, and Ior that purpose only:
a. The 'property line oI a protected use reIers to the property line oI a Iee interest
parcel that has been created by an approved and recorded parcel map or
subdivision map, and does not include the property line oI a leasehold parcel; and
b. The 'property line oI a medical marijuana dispensary reIers to:
i. The property line oI a parcel that has been created by an approved and
recorded parcel map or commercial subdivision map; or
ii. The property line oI a parcel that is located within an approved and
recorded commercial subdivision and that has been created by a record oI
survey or legal description, iI:
A. Using the property line oI that parcel Ior the purpose oI
measuring the distance separation reIerred to in Requirement 1
would qualiIy the parcel under the distance separation requirement;
SUP-55282
SG

Staff Report Page Six
September 30, 2014 - Special Planning Commission Meeting



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

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

Two entries are depicted in the submitted floor plan, one at the front and one at the rear
of the building. A revised floor plan depicting a single public access point shall be
required bv condition of approval, if approved.

*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-55282
SG

Staff Report Page Seven
September 30, 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 shall complv with the approved conditions per the Downtown Design
Review Committee limiting the signage to one 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 bv the
Downtown Design Review Committee (DDRC) on September 16
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.
SUP-55282
SG

Staff Report Page Eight
September 30, 2014 - Special Planning Commission Meeting




Medical Marijuana Dispensary

The proposed use would be placed within a 1,960 square-Ioot tenant space located within a
commercial building located along south 3
rd
Street. 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. However, the
proposed Iloor plan depicts two public access points to the Iacility, which does not comply with
Minimum Special Use Permit Requirement #6 and is not waivable. ThereIore, staII recommends
denial, with conditions iI approved.


FINDINGS (SUP-55282)

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 commercial building with associated parking. 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 3
rd
Street, an 80-
Ioot local street that has adequate capacity to serve the proposed development.
Secondary access Ior parking is also provided Irom the public alley at the rear oI the
property.

SUP-55282
SG

Staff Report Page Nine
September 30, 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. It does not meet Minimum Special Use Permit
Requirement #6 limiting public access to a single point. II approved, conditions oI
approval will ensure conIormance with all minimum requirements Ior this use.



NEIGHBORHOOD ASSOCIATIONS NOTIFIED 33


NOTICES MAILED 555


APPROVALS 0


PROTESTS 0

S
U
P
-

Z

-

A
P
P
L
I
C
A
N
T
:


N
E
V
A
D
A

W
E
L
L
N
E
S
S

P
R
O
J
E
C
T


L
L
C

-

O
W
N
E
R
:


F
I
V
E

S
U
Y
S

O
N

T
H
I
R
D


L
L
C

Z
3

S
O
U
T
H

T
H
I
R
D

S
T
R
E
E
T






Agenda tem No.: 23.



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

SUB1ECT:
SUP-55284 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: BUFFALO
CENTER MEDICAL ADVOCATES, LLC - OWNER: SSG PROPERTIES, LLC - For possible
action on a request Ior a Special Use Permit FOR A PROPOSED 1,630 SQUARE-FOOT
MEDICAL MARIJUANA DISPENSARY at 1591 North BuIIalo Drive, Suite #130 (APN 138-
28-501-009), C-1 (Limited Commercial) Zone, Ward 2 (Beers). StaII recommends
APPROVAL.

C.C.: 10/29/2014

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-55284
DC

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: BUFFALO CENTER MEDICAL ADVOCATES,
LLC - OWNER: SSG PROPERTIES, LLC


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55284 StaII recommends APPROVAL, subject to conditions:

N/A


`` CONDITIONS ``


SbF-55284 CONDIIIONS


Planning

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

2. Approval oI and conIormance to the Conditions oI Approval Ior Site Development Plan
Review |Z-0021-96(2)| and Variance (V-0014-00) 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.


SUP-55284
DC

Conditions Page Two
September 30, 2014 - Special Planning Commission Meeting



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

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

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

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

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

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

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

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

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

15. All medical marijuana products shall remain in the original manuIacturer's conIiguration
intended Ior oII-sale.
SUP-55284
DC

Conditions Page Three
September 30, 2014 - Special Planning Commission Meeting



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-55284
DC
Staff Report Page One
September 30, 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 1591 North BuIIalo Drive, Suite #130. The subject site complies with
all minimum distance requirements as set Iorth by Title 19.12 and thereIore the use can be
conducted in a compatible and harmonious manner with the existing surrounding land uses and
Iuture land uses as projected by the General Plan. As such, StaII recommends approval oI the
proposed use with standard conditions. II denied, no Medical Marijuana Dispensary would be
permitted to be established at this site.


ISSUES

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


BACKGROUND INFORMATION

Related Relevant City Actions by P&D, Fire, Bldg., etc
04/17/96
The City Council approved a request Ior Rezoning (Z-0021-96) Irom N-U
(Non-Urban) to C-1 (Limited Commercial) Ior a proposed 82,000 square-Ioot
one and two story mini-storage Iacility, 10,000 square-Ioot oIIice building,
and a 5,000 square-Ioot bank on property located on the southwest corner oI
BuIIalo Drive and Vegas Drive. The Planning Commission recommended
approval.
06/09/96
The City Council approved a request Ior an Extension oI Time |Z-0021-
96(1)| oI a previously approved Rezoning (Z-0021-96) Ior a mini-storage
Iacility, oIIice building and bank under resolution oI intent to C-1 (Limited
Commercial) on property located on the southwest corner oI BuIIalo Drive
and Vegas Drive. The Planning Commission recommended approval.
SUP-55284
DC

Staff Report Page Two
September 30, 2014 - Special Planning Commission Meeting



Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a request Ior a Special Use Permit (U-0037-98)
Ior the OII-Premise Sale oI Beer and Wine in conjunction with a proposed
Convenience Store at the southwest corner oI BuIIalo Drive and Vegas Drive.
The Planning Commission recommended approval.
06/08/98
The City Council approved a related request Ior a Site Development Plan
Review |Z-0021-96(2)| Ior a proposed 4,097 square-Ioot Convenience Store
and 6,160 square Ieet oI retail shops at the southwest corner oI BuIIalo Drive
and Vegas Drive. The Planning Commission recommended approval.
01/05/99
The Board oI Zoning Adjustment approved a request Ior a Variance (V-0097-
98) to allow a zero Ioot rear yard setback where 20 Ieet is required in
conjunction with a proposed 10,000 square-Ioot retail center at the southwest
corner oI BuIIalo Drive and Vegas Drive.
06/21/00
The City Council approved a request Ior a Variance (V-0014-00) to allow 40
parking spaces where 49 spaces are the minimum required Ior a proposed
retail center and convenience store at the southwest corner oI BuIIalo Drive
and Vegas Drive. The Board oI Zoning Adjustment recommended denial.
09/19/01
The City Council approved a request Ior a Required Review |V-0014-00(1)|
oI a previously approved Variance (V-0014-00) to allow 40 parking spaces
where 49 spaces are the minimum required Ior an existing retail center and
convenience store at the southwest corner oI BuIIalo Drive and Vegas Drive.
The Planning Commission recommended approval.
10/15/08
The City Council approved a request Ior a Required Review (RQR-29776) oI
a previously approved Variance (V-0014-00) to allow 40 parking spaces
where 49 spaces are the minimum required Ior an existing retail center and
convenience store at the southwest corner oI BuIIalo Drive and Vegas Drive.
StaII recommended approval.
07/18/12
The City Council approved a request Ior a Review oI Condition (ROC-45492)
oI a previously approved Special Use Permit (U-0037-98) to delete Condition
#1 that states, 'The sale oI individual cans and quart size or similar size
bottles oI beer shall be prohibited at the subject site. StaII recommended
approval.
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-55284
DC

Staff Report Page Three
September 30, 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
01/21/14 A deed was recorded Ior a change in ownership.


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


Field Check
07/31/14
StaII conducted a Iield check oI the subject site and Iound the subject site to
be a well-maintained retail center. Some non-permitted temporary advertising
signage (banner, advertising placard) by an adjacent tenant was noted on site.


Details of Application Request
Site Area
Net Acres 1.12



SUP-55284
DC

Staff Report Page Four
September 30, 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
Convenience Store
and Retail
Establishments
SC (Service
Commercial)
C-1 (Limited
Commercial)
North
Single-Family
Residences
SF3 (Single Family
Detached)
P-C (Planned Community)
South
Mini-Storage
Facility
SC (Service
Commercial)
C-1 (Limited
Commercial)
East Retail Establishment
SC (Service
Commercial)
C-1 (Limited
Commercial)
West Condominiums
M (Medium Density
Residential)
R-PD14 (Residential
Planned Development - 14
Units per Acre)


Master Plan Areas Compliance
No Applicable Master Plan Area N/A
Special Purpose and Overlay Districts Compliance
A-O (Airport Overlay) District (200 Feet) Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area 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
BuIIalo Drive Primary Arterial
Planned Streets and
Highways Map
105 Y
Vegas Drive Major Collector
Planned Streets and
Highways Map
85 Y


SUP-55284
DC

Staff Report Page Five
September 30, 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
1,630 SF 1/175 SF 9

General Retail
Store, Other
Than Listed
8,627 SF 1/175 SF 50

TOTAL SPACES REQUIRED 59

38

Y*
Regular and Handicap Spaces Required 56 3 36 2 Y*
Loading
Spaces
2 1 Y**

*V-0014-00 was approved 06/21/00 to allow 40 parking spaces where 49 were required. Two parking
spaces were removed when the Wireless Communication Facility was constructed in 2002. The plans
approved by Required Review (RQR-29776) in 2008 did not take this into consideration when
eliminating two additional parking spaces to provide Ior the Wireless Communication Facility,
leaving a total oI 38 parking spaces on site. The site is currently legally non-conIorming as the
proposed use does not impact required parking. In addition, current parking requirements Ior a 10,257
square-Ioot retail center require 59 parking spaces where 49 were required at the time oI construction;
thereIore, the subject site is parking impaired.

** The existing 10,257 square-Ioot retail center was approved with one loading space where two are
currently required.


Medical Marijuana Dispensary
Wall Signs: North Elevation
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage 1 Y
Maximum Area 30 SF 20 SF Y
Maximum Height 2 Feet 2 Feet Y
Illumination
Internal
(Neon Prohibited)
Internal
Y

SUP-55284
DC

Staff Report Page Six
September 30, 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 Iacility will be used to dispense medical marijuana. The business will be open Irom 6am
10pm daily. There is adequate existing parking, and the team at BuIIalo Center Medical
Advocates will work tirelessly to conIorm with all City and State ordinances. The Iloor plan
illustrates a 1,630 square-Ioot Medical Marijuana Dispensary with approximately 600 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 propertv, as well as there are no individual care centers licensed for more than
12 children, communitv recreational facilities (public) or Citv parks or churches/houses
of worship within 300 feet of the subfect propertv.

* 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 propertv line of
that portion of the northeast quarter (NE /) of the northeast quarter (NE /) of Section
28, township 20 South, Range 60 East, M.D.B.&M .
SUP-55284
DC

Staff Report Page Seven
September 30, 2014 - Special Planning Commission Meeting



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

The subfect site is 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.
SUP-55284
DC

Staff Report Page Eight
September 30, 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 onlv one public access point to the proposed Medical
Marifuana Dispensarv.

*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 20 square-foot internallv 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 bv the
Downtown Design Review Committee (DDRC) on August 19th, 2014.
SUP-55284
DC

Staff Report Page Nine
September 30, 2014 - Special Planning Commission Meeting



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

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

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

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

The proposed use would be placed within a 1,630 square-Ioot tenant space located within a
developed retail center located along BuIIalo and Vegas Drives. 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-55284)

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 1,630 square-Ioot Medical Marijuana Dispensary within an existing
10,257 square-Ioot retail center. While the site is parking impaired and legally non-
conIorming, there are no code enIorcement complaints regarding a shortage oI parking.
As this retail center has been in existence since completion in 2000 and this proposed
use would not exacerbate existing parking beyond that oI previous retail tenants, this
site contains adequate parking Ior all uses, and the proposed use does not generate the
need Ior any additional parking spaces beyond what has been provided onsite.
SUP-55284
DC

Staff Report Page Ten
September 30, 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 BuIIalo Drive, a
100-Ioot Primary Arterial that has adequate capacity to serve the proposed
development. Secondary access is also provided Irom Vegas Drive, an 80-Ioot Major
Collector, as depicted on the Master Plan oI Streets and Highways.

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 33


NOTICES MAILED 1596


APPROVALS 0


PROTESTS 0

S
U
P
-

4

-

A
P
P
L
I
C
A
N
T
:

U
F
F
A
L
O

C
E
N
T
E
R

M
E
D
I
C
A
L

A
D
V
O
C
A
T
E
S


L
L
C

-

O
W
N
E
R
:


S
S
S

P
R
O
P
E
R
T
I
E
S


L
L
C

1
9

1

N
O
R
T
H

U
F
F
A
L
O

D
R
I
V
E


S
U
I
T
E

1
3
0



S
U
P
-

4

-

A
P
P
L
I
C
A
N
T
:

U
F
F
A
L
O

C
E
N
T
E
R

M
E
D
I
C
A
L

A
D
V
O
C
A
T
E
S


L
L
C

-

O
W
N
E
R
:


S
S
S

P
R
O
P
E
R
T
I
E
S


L
L
C

1
9

1

N
O
R
T
H

U
F
F
A
L
O

D
R
I
V
E


S
U
I
T
E

1
3
0



S
U
P
-

4

-

A
P
P
L
I
C
A
N
T
:

U
F
F
A
L
O

C
E
N
T
E
R

M
E
D
I
C
A
L

A
D
V
O
C
A
T
E
S


L
L
C

-

O
W
N
E
R
:


S
S
S

P
R
O
P
E
R
T
I
E
S


L
L
C

1
9

1

N
O
R
T
H

U
F
F
A
L
O

D
R
I
V
E


S
U
I
T
E

1
3
0



Agenda tem No.: 24.



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

SUB1ECT:
SUP-55287 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: NULEAF
CULTIVATION CLV, LLC - OWNER: POZEMKI, LLC - For possible action on a request Ior a
Special Use Permit FOR A PROPOSED 21,307 SQUARE-FOOT MEDICAL MARIJUANA
CULTIVATION FACILITY at 1018 South Commerce Street (APN 139-33-801-006), M
(Industrial) Zone, Ward 3 (CoIIin). StaII recommends APPROVAL.

C.C.: 10/29/2014

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-55287
FS

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: NULEAF CULTIVATION CLV, LLC - OWNER:
POZEMKI, LLC


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55287 StaII recommends APPROVAL, subject to conditions:

N/A


`` CONDITIONS ``


SbF-55287 CONDIIIONS

Planning

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

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

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

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

5. All development shall be in conIormance with the site plan and Iloor plan, date stamped
08/04/14 except as amended by conditions herein. Any modiIication oI the premises oI a
medical marijuana establishment shall be Iiled 60 days in advance oI any proposed
construction. A Iull and complete copy oI all architectural and building plans shall be Iiled
with the Director Ior a review oI compliance with Title 6.95 and Title 19. The Director
shall review the plans and approve any modiIications in compliance with this chapter prior
to the commencing oI any construction oI modiIications.
SUP-55287
FS

Conditions Page Two
September 30, 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 Cultivation
Facility be removed.

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

15. 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.

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-55287
FS

Conditions Page Three
September 30, 2014 - Special Planning Commission Meeting




Public Works

18. 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-55287
FS
Staff Report Page One
September 30, 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 1018 Commerce Street. The subject site complies with all
minimum distance requirements as set Iorth by Title 19.12 and thereIore the use can be
conducted in a compatible and harmonious manner with the existing surrounding land uses and
Iuture land uses as projected by the General Plan. As such, StaII recommends approval oI the
proposed use with standard conditions. II denied, no Medical Marijuana Cultivation Facility
would be permitted to be established at this site.


ISSUES

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


BACKGROUND INFORMATION

Related Relevant City Actions by P&D, Fire, Bldg., etc
05/21/14
City Council approved Text Amendment (TXT-52502) to amend LVMC
Chapter 19.12 related to Permitted Uses and Chapter 19.18 related to
DeIinitions and Measures to add Medical Marijuana Dispensaries, Facilities
Ior the Production oI Edible Marijuana Products or Marijuana InIused
Products and Marijuana Cultivation Facilities as permissible uses by adding
zoning district applicability, descriptions and deIinitions Ior these activities as
they are contemplated by SB 374 oI the Nevada Revised Statues and to
provide Ior other related matters. Ordinance No. 6321.
SUP-55287
FS
Staff Report Page Two
September 30, 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
12/27/12 A deed was recorded Ior a change in ownership.


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


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


Details of Application Request
Site Area
Net Acres .40


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property Warehouse
LI/R (Light Industrial /
Research)
M (Industrial)
North Undeveloped
LI/R (Light Industrial /
Research
M (Industrial)
South Warehouse
LI/R (Light Industrial /
Research
M (Industrial)
East
NV Energy
Substation
C (Commercial)
C-M
(Commercial/Industrial)
West
Union PaciIic
Railroad
LI/R (Light Industrial /
Research
M (Industrial)
SUP-55287
FS

Staff Report Page Three
September 30, 2014 - Special Planning Commission Meeting



Master Plan Areas Compliance
Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan (Downtown South District) Y
A-O (Airport Overlay) District 200 Feet Y
Live/Work Overlay District Y
Other Plans or Special Requirements Compliance
Las Vegas Redevelopment Plan Area Y
Trails N/A
Project oI SigniIicant Impact (Development Impact NotiIication Assessment) N/A
Project oI Regional SigniIicance N/A

The subject site is within the Downtown South District oI the Downtown Centennial Plan, the
Airport Overlay District, the Live/Work Overlay District, and the Las Vegas Redevelopment
Plan Area. The proposed Medical Marijuana Cultivation Facility meets all applicable
requirements oI these plan and overlay areas.


DEVELOPMENT STANDARDS

Street Name
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Commerce 45` Local Street
N/A

45 Feet 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
Cultivation
Facility
21,307 1/1000 SF 22

TOTAL SPACES REQUIRED 22

5

N*
Regular and Handicap Spaces Required 21 1 5 1 N*
Loading
Spaces
1 0 N*
SUP-55287
FS

Staff Report Page Four
September 30, 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. The subject site has
signiIicantly Iewer parking spaces than would a similar use not located within the Downtown
Centennial Plan Area.

Wall Signs: [tvpe in sign reference]
Standards Allowed Provided Compliance
Maximum Number 1 per Street Frontage None Yes
Maximum Area 30 SF None Yes
Maximum Height 2 Feet None Yes
Illumination
Internal
(Neon Prohibited)
None Yes

The building elevations indicate no signage Ior this proposed medical marijuana cultivation
Iacility. Current code allows Ior a cultivation Iacility to have one 30 square-Ioot internally
illuminated wall sign with a maximum height oI two Ieet. Signage Ior Medical Marijuana
Cultivation Facilities is not required to be reviewed by the Downtown Design Review
Committee.


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, 'NuLeaI will
take great care to ensure the building is well secured and proper surveillance is maintained at all
times. The building`s outer appearance will be inconspicuous and no indication Ior the use will
be recognizable Irom outside the building. The Iloor plan illustrates a 21,307 square-Ioot
Medical Marijuana Cultivation Facility with 13,637 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.
SUP-55287
FS

Staff Report Page Five
September 30, 2014 - Special Planning Commission Meeting



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

*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 propertv line of
a portion of the Southeast quarter of the Southeast quarter of Section 33, Township 20,
Range 61.

*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 a standalone parcel and did not require the creation of a separate
parcel to meet the distance separation requirements. As such, subsection b.ii is not
applicable to the site 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 propertv line of the subfect site.
SUP-55287
FS

Staff Report Page Six
September 30, 2014 - Special Planning Commission Meeting



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

The use complies and will be subfect to this requirement.

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

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

*6. 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 complv with this requirement as part of the permitting process
that will occur prior to the issuance of a Certificate of Occupancv.

*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.

There is currentlv no proposed signage depicted on the building elevations. Anv future
signage will be required to be in conformance with the provisions of the above section.
Downtown Design Review Committee review and approval is not required for medical
marifuana cultivation facilities.

*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 21,307 square-Ioot standalone building located on an
industrial parcel located along Commerce Street. The subject site has signiIicantly Iewer parking
spaces than would a similar use not located within the Downtown Centennial Plan Area;
however, projects located within the plan area are not subject to the automatic application oI
standard 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. There
are no other similar uses or protected uses within the required distance separations. For these
reasons, the proposed use is deemed compatible with the surrounding uses; thereIore, staII
recommends approval with conditions.
SUP-55287
FS

Staff Report Page Seven
September 30, 2014 - Special Planning Commission Meeting



FINDINGS (SUP-55287)

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 subject site has signiIicantly Iewer parking spaces than would a similar use not located
within the Downtown Centennial Plan Area; however, projects located within the plan area
are not subject to the automatic application oI standard parking requirements.

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 Commerce
Street, a 45-Ioot wide street that has adequate capacity to serve the proposed
development.

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

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

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

The proposed Medical Marijuana Cultivation Facility use meets all distance separation
requirements per Title 19.12. Conditions oI approval will ensure conIormance with all
other minimum requirements Ior this use.
SUP-55287
FS

Staff Report Page Eight
September 30, 2014 - Special Planning Commission Meeting



NEIGHBORHOOD ASSOCIATIONS NOTIFIED 31


NOTICES MAILED 301


APPROVALS 0


PROTESTS 0

S
U
P
-

7

-

A
P
P
L
I
C
A
N
T
:


N
U
L
E
A
F

C
U
L
T
I
V
A
T
I
O
N

C
L
V


L
L
C

-

O
W
N
E
R
:


P
O
Z
E
M
k
I


L
L
C

1
0
1


S
O
U
T
H

C
O
M
M
E
R
C
E

S
T
R
E
E
T



S
U
P
-

7

-

A
P
P
L
I
C
A
N
T
:


N
U
L
E
A
F

C
U
L
T
I
V
A
T
I
O
N

C
L
V


L
L
C

-

O
W
N
E
R
:


P
O
Z
E
M
k
I


L
L
C

1
0
1


S
O
U
T
H

C
O
M
M
E
R
C
E

S
T
R
E
E
T






Agenda tem No.: 25.



AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
DIRECTOR: FLINN FAGG Consent Discussion

SUB1ECT:
SUP-55288 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: TOPPHARM,
LLC - OWNER: JAMES L & JULIE M GUBLER TRUST - For possible action on a request Ior
a Special Use Permit FOR A PROPOSED 1,212 SQUARE-FOOT MEDICAL MARIJUANA
DISPENSARY at 1615 South Las Vegas Boulevard (APN 162-03-210-060), C-2 (General
Commercial) Zone, Ward 3 (CoIIin). StaII recommends APPROVAL.

C.C.: 10/29/2014

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-55288
FS

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: TOPPHARM, LLC - OWNER: JAMES L & JULIE
M GUBLER TRUST


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55288 StaII recommends APPROVAL, subject to conditions:

N/A


`` CONDITIONS ``


SbF-55288 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 and Iloor plan, date stamped
07/23/14, and building and sign elevations, date stamped 08/26/14, 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-55288
FS

Conditions Page Two
September 30, 2014 - Special Planning Commission Meeting



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

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

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

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

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

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

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

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

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

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

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

16. All City Code requirements and design standards oI all City departments must be satisIied,
except as modiIied herein.
SUP-55288
FS

Conditions Page Three
September 30, 2014 - Special Planning Commission Meeting



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


SUP-55288
FS
Staff Report Page One
September 30, 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 1615 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 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 26th, 2014. A waiver oI
the Scenic Byway 75 percent neon signage requirement was granted.
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-55288
FS
Staff Report Page Two
September 30, 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 with conditions.
A waiver oI the Scenic Byway 75 percent neon signage requirement was
granted.


Most Recent Change of Ownership
01/31/08 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 visited the site and Iound a Iormer restaurant building. The property was
generally clean and well maintained.


Details of Application Request
Site Area
Net Acres .40


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property Restaurant C (Commercial)
C-2 (General
Commercial)
North
Sexually Orientated
Business
C (Commercial) C-2 (General
Commercial)
SUP-55288
FS
Staff Report Page Three
September 30, 2014 - Special Planning Commission Meeting



Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
South Retail/Auto Repair
C (Commercial) C-2 (General
Commercial)
East Retail
C (Commercial) C-2 (General
Commercial)
West Retail
C (Commercial) C-2 (General
Commercial)


Master Plan Areas Compliance
Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
A-O (Airport Overlay) District Y
Downtown Centennial Plan (Northern Strip Gateway District) Y
Las Vegas Boulevard Scenic Byway Overlay District N*
Other Plans or Special Requirements Compliance
Las Vegas Redevelopment Plan Area N/A
John S. Park Neighborhood Plan Y
Project oI SigniIicant Impact (Development Impact NotiIication Assessment) N/A
Project oI Regional SigniIicance N/A
Trails N/A
*A waiver was granted by the Downtown Design Review Committee to permit signage with less
than 75 percent neon within the Scenic Byway Overlay District.


DEVELOPMENT STANDARDS

Street Name
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Las Vegas
Boulevard
Parkway Arterial
Planned Streets and
Highways

100 Y

SUP-55288
FS

Staff Report Page Four
September 30, 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
1,212 1/175 SF 7

TOTAL SPACES REQUIRED 7

11

Y*
Regular and Handicap Spaces Required 6 1 10 1 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: [tvpe in sign reference]
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
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 uses located in the vicinity oI the project are all commercial and retail establishments.
ThereIore the use requested is compatible with the existing zoning and planned uses in the
surrounding area and are in harmony with the purpose, goals, objections and code standards.
The Iloor plan illustrates a 1,212 square-Ioot Medical Marijuana Dispensary with 912 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-55288
FS

Staff Report Page Five
September 30, 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 propertv, as well as there are no individual care centers licensed for more than
12 children, communitv recreational facilities (public) or Citv parks or churches/houses
of worship within 300 feet of the subfect propertv.

* 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 propertv line of
The Boulder Addition, Block 20 Lot 1and Portions of Lots 2 and 3.

* 3. For the purpose oI Requirement 2, and Ior that purpose only:
a. The 'property line oI a protected use reIers to the property line oI a Iee interest
parcel that has been created by an approved and recorded parcel map or
subdivision map, and does not include the property line oI a leasehold parcel; and
b. The 'property line oI a medical marijuana dispensary reIers to:
i. The property line oI a parcel that has been created by an approved and
recorded parcel map or commercial subdivision map; or
ii. The property line oI a parcel that is located within an approved and
recorded commercial subdivision and that has been created by a record oI
survey or legal description, iI:
A. Using the property line oI that parcel Ior the purpose oI
measuring the distance separation reIerred to in Requirement 1
would qualiIy the parcel under the distance separation requirement;
SUP-55288
FS

Staff Report Page Six
September 30, 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 located within 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 to the site 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 onlv one public access point to the proposed Medical
Marifuana Dispensarv.

*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-55288
FS

Staff Report Page Seven
September 30, 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 internallv illuminated
wall sign per street frontage. A request to waive the Scenic Bvwav 75 percent neon sign
requirement was granted bv the Downtown Design Review Committee on August 26,
2014.

*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 be 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-55288
FS

Staff Report Page Eight
September 30, 2014 - Special Planning Commission Meeting



The proposed use would be placed within a 1,212 square-Ioot standalone building located within
a commercial property located along Las Vegas Boulevard. The subject site Iacilitates the
required parking Ior the proposed use. Other than the Minimum Special Use Permit
Requirements Iound within Title 19.12, there are no special development requirements
pertaining to the site. There are no other similar uses or protected uses within the required
distance separations. For these reasons, the proposed use is deemed compatible with the
surrounding uses; thereIore, staII recommends approval with conditions.

FINDINGS (SUP-55288)

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

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

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

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

This site contains adequate parking Ior 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 Las Vegas
Boulevard, a 120-Ioot Parkway Arterial as depicted on the Master Plan oI Streets and
Highway. Las Vegas Boulevard 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-55288
FS

Staff Report Page Nine
September 30, 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 27


NOTICES MAILED 409


APPROVALS 0


PROTESTS 0

S
U
P
-


-

A
P
P
L
I
C
A
N
T
:


T
O
P
P
H
A
R
M


L
L
C

-

O
W
N
E
R
:


J
A
M
E
S

L

&

J
U
L
I
E

M

S
U

L
E
R


L
L
C

1


S
O
U
T
H

L
A
S

V
E
S
A
S

O
U
L
E
V
A
R
D



S
U
P
-


-

A
P
P
L
I
C
A
N
T
:


T
O
P
P
H
A
R
M


L
L
C

-

O
W
N
E
R
:


J
A
M
E
S

L

&

J
U
L
I
E

M

S
U

L
E
R


L
L
C

1


S
O
U
T
H

L
A
S

V
E
S
A
S

O
U
L
E
V
A
R
D



S
U
P
-


-

A
P
P
L
I
C
A
N
T
:


T
O
P
P
H
A
R
M


L
L
C

-

O
W
N
E
R
:


J
A
M
E
S

L

&

J
U
L
I
E

M

S
U

L
E
R


L
L
C

1


S
O
U
T
H

L
A
S

V
E
S
A
S

O
U
L
E
V
A
R
D






Agenda tem No.: 26.



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

SUB1ECT:
SUP-55300 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: SERENITY
WELLNESS CENTER, LLC - OWNER: 1800 INDUSTRIAL, LLC - For possible action on a
request Ior a Special Use Permit FOR A PROPOSED 4,969 SQUARE-FOOT MEDICAL
MARIJUANA DISPENSARY at 1800 Industrial Road, Suites #102, #160 and #180 (APN 162-
04-704-003), M (Industrial) Zone, Ward 3 (CoIIin). StaII recommends APPROVAL.

C.C.: 10/29/2014

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. Code Compliance Letter
6. JustiIication Letter


SUP-55300
RTS

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: SERENITY WELLNESS CENTER, LLC -
OWNER: 1800 INDUSTRIAL, LLC


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55300 StaII recommends APPROVAL, subject to conditions:

N/A


`` CONDITIONS ``

SbF-55300 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. 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.

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 07/23/14, 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-55300
RTS

Conditions Page Two
September 30, 2014 - Special Planning Commission Meeting



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

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

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

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

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

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

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

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

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

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

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

17. ConIormance to the associated Iinal recommendation oI the Downtown Design Review
Committee (DDRC) shall be required.
SUP-55300
RTS

Conditions Page Three
September 30, 2014 - Special Planning Commission Meeting



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

SUP-55300
RTS
Staff Report Page One
September 30, 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 1800 Industrial Road, Suites #102, #160 and #180. The subject site
complies with all minimum distance requirements as set Iorth by Title 19.12 and thereIore the
use can be conducted in a compatible and harmonious manner with the existing surrounding land
uses and Iuture land uses as projected by the General Plan. As such, StaII recommends approval
oI the proposed use with standard conditions. II denied, no Medical Marijuana Dispensary would
be permitted to be established at this site.


ISSUES

The Medical Marijuana Dispensary use is permitted within an M (Industrial) zoning district
with the approval oI a Special Use Permit.
The subject building elevations and signage has been reviewed and approved by the
Downtown Design Review Committee (DDRC) on August 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-55300
RTS
Staff Report Page Two
September 30, 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
02/28/13 A deed was recorded Ior a change in ownership.


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


Field Check
08/14/14
Site is clean and in general good repair. The parking lot needs restriping and
there are multiple, non-permitted banners on the Iront oI the building.


Details of Application Request
Site Area
Net Acres 1.26 Acres


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property General Retail
LI/R (Light
Industrial/ Research)
M (Industrial)
North General Retail
LI/R (Light
Industrial/ Research)
M (Industrial)
South OIIice
LI/R (Light
Industrial/ Research)
M (Industrial)
East General Retail
LI/R (Light
Industrial/ Research)
C-M (Commercial/Industrial)
West ROW (Railroad) ROW ROW
SUP-55300
RTS

Staff Report Page Three
September 30, 2014 - Special Planning Commission Meeting



Master Plan Areas Compliance
Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Overlay District Industrial 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 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
Industrial Road Primary Arterial
Planned Streets and
Highways Map / Title
19.04 Complete Streets

65 Feet Y

Pursuant to 1itle 19.8 and 19.12, the following parking standards apply:
Parking Requirement
Required Provided Compliance
Parking Parking
Use
Cross Floor
Area or
Number of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Medical
Marijuana
Dispensary
Facility
4,969 SF 1/175 SF 29

TOTAL SPACES REQUIRED 29

28

Y *
Regular and Handicap Spaces Required 27 2 27 1 Y *
Loading
Spaces
1 Space
None marked,
plenty oI space
available
Y *

* Projects located within the Las Vegas Downtown Centennial Plan area are not subject to the
automatic application oI parking requirements. The above table illustrates the requirements oI an
analogous project in another location in the City.
SUP-55300
RTS

Staff Report Page Four
September 30, 2014 - Special Planning Commission Meeting



Wall Signs: [East Elevation]
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)
None 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 planned improvements will connect two 1950`s construction retail and warehouse buildings
to be updated and mad into an energy eIIicient and modern space that beneIits the surrounding
community. The Iloor plan illustrates a 4,969 square-Ioot Medical Marijuana Dispensary with
approximately 1,637 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 propertv, as well as there are no individual care centers licensed for more than
12 children, communitv recreational facilities (public) or Citv parks or churches/houses
of worship within 300 feet of the subfect propertv.

* 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-55300
RTS

Staff Report Page Five
September 30, 2014 - Special Planning Commission Meeting



The proposed use meets this requirement, measurement is taken from the propertv line of
Parcel 162-04-704-003, located on the west side of Industrial Road at the intersection of
Chicago Ave and Industrial 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 a standalone parcel and did not require the creation of a separate
parcel to meet the distance separation requirements. As such, subsection b.ii is not
applicable and the site is in conformance with this requirement. The proposed use meets
this requirement, as the measurement to the protected uses was determined using the
specified method in Requirement Two. The distance to the protected uses was taken from
the propertv 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.
SUP-55300
RTS

Staff Report Page Six
September 30, 2014 - Special Planning Commission Meeting



*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 onlv one public access point to the proposed Medical
Marifuana Dispensarv.

*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 internallv illuminated
wall sign per street frontage.

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

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

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

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

*11. Elevations and signage must Iirst be reviewed by the Downtown Design Review
Committee established pursuant to LVMC 19.10.100(D)(1) prior to any public hearing
Ior a Special Use Permit. The review will be perIormed in accordance with the
procedures set Iorth in LVMC 19.10.100(D), as in the case oI reviews normally
perIormed by that Committee, but measuring compliance instead with the substantive
standards Ior elevations and signage pertaining to dispensaries that are set Iorth in this
Title or that have been established administratively by the Director.
SUP-55300
RTS

Staff Report Page Seven
September 30, 2014 - Special Planning Commission Meeting



The proposed building elevations and signage were reviewed and approved bv 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.

The proposed use would be placed within a 4,969 square-Ioot tenant space located within a
developed commercial property located along Industrial Road. The subject site Iacilitates
suIIicient parking Ior the proposed use as it is in the DCP-O (Downtown Centennial Plan
Overlay) District where parking standards are not automatically applied and the provided parking
is one space less than otherwise required by Title 19. 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-55300)

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 two-story commercial development that serves a wide range oI
tenants. This site contains adequate parking Ior all uses, and the proposed use does not
generate the need Ior any additional parking spaces beyond what has been provided
onsite.
SUP-55300
RTS

Staff Report Page Eight
September 30, 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 Industrial Road, a
65-Ioot Primary Arterial, which has adequate capacity to serve the proposed
development.

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

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

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

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



NEIGHBORHOOD ASSOCIATIONS NOTIFIED 28


NOTICES MAILED 219


APPROVALS 0


PROTESTS 0

S
U
P
-

3
0
0

-

A
P
P
L
I
C
A
N
T
:


S
E
R
E
N
I
T
Y

W
E
L
L
N
E
S
S

C
E
N
T
E
R


L
L
C

-

O
W
N
E
R
:


1

0
0

I
N
D
U
S
T
R
I
A
L


L
L
C

1

0
0

S
O
U
T
H

I
N
D
U
S
T
R
I
A
L

R
O
A
D


S
U
I
T
E
S

1
0
Z



S
U
P
-

3
0
0

-

A
P
P
L
I
C
A
N
T
:


S
E
R
E
N
I
T
Y

W
E
L
L
N
E
S
S

C
E
N
T
E
R


L
L
C

-

O
W
N
E
R
:


1

0
0

I
N
D
U
S
T
R
I
A
L


L
L
C

1

0
0

S
O
U
T
H

I
N
D
U
S
T
R
I
A
L

R
O
A
D


S
U
I
T
E
S

1
0
Z



S
U
P
-

3
0
0

-

A
P
P
L
I
C
A
N
T
:


S
E
R
E
N
I
T
Y

W
E
L
L
N
E
S
S

C
E
N
T
E
R


L
L
C

-

O
W
N
E
R
:


1

0
0

I
N
D
U
S
T
R
I
A
L


L
L
C

1

0
0

S
O
U
T
H

I
N
D
U
S
T
R
I
A
L

R
O
A
D


S
U
I
T
E
S

1
0
Z



S
U
P
-

3
0
0

-

A
P
P
L
I
C
A
N
T
:


S
E
R
E
N
I
T
Y

W
E
L
L
N
E
S
S

C
E
N
T
E
R


L
L
C

-

O
W
N
E
R
:


1

0
0

I
N
D
U
S
T
R
I
A
L


L
L
C

1

0
0

S
O
U
T
H

I
N
D
U
S
T
R
I
A
L

R
O
A
D


S
U
I
T
E
S

1
0
Z






Agenda tem No.: 27.



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

SUB1ECT:
SUP-55313 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: INFINITE
WELLNESS INC. - OWNER: N.Y.P. CORPORATION - For possible action on a request Ior a
Special Use Permit FOR A PROPOSED 7,070 SQUARE-FOOT MEDICAL MARIJUANA
CULTIVATION FACILITY at 2750 Highland Drive, Suite E (APN 162-09-202-001), M
(Industrial) Zone, Ward 1 (Tarkanian). StaII recommends APPROVAL.

C.C.: 10/29/2014

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. Code Compliance Letter
6. JustiIication Letter


SUP-55313
SG

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: INFINITE WELLNESS INC. - OWNER: N.Y.P.
CORPORATION


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55313 StaII recommends APPROVAL, subject to conditions: N/A


`` CONDITIONS ``


SbF-55313 CONDIIIONS


Planning

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

2. Signage Ior the establishment shall be limited to one wall sign per street Irontage, the Iace
oI the sign not to exceed 30 square Ieet in area and two Ieet in height. Such a sign shall be
internally illuminated, with the use oI neon prohibited.

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.

SUP-55313
SG

Conditions Page Two
September 30, 2014 - Special Planning Commission Meeting



6. All development shall be in conIormance with the site plan 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.

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

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

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

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

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

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

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

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

15. All medical marijuana products shall remain in the original manuIacturer's conIiguration
intended Ior oII-sale.
SUP-55313
SG

Conditions Page Three
September 30, 2014 - Special Planning Commission Meeting



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

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

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


Public Works

19. 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-55313
SG
Staff Report Page One
September 30, 2014 - Special Planning Commission Meeting



`` STAFF REPORT ``



PRO1ECT DESCRIPTION

This application is a request Ior a Special Use Permit Ior a proposed Medical Marijuana
Establishment Medical Marijuana Cultivation Facility to be located at 2750 Highland Drive,
Suite E. The subject site complies with all minimum distance requirements as set Iorth by Title
19.12 and thereIore the use can be conducted in a compatible and harmonious manner with the
existing surrounding land uses and Iuture land uses as projected by the General Plan. As such,
StaII recommends approval oI the proposed use with standard conditions. II denied, no Medical
Marijuana Cultivation Facility would be permitted to be established at this site.


ISSUES

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


BACKGROUND INFORMATION

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

SUP-55313
SG

Staff Report Page Two
September 30, 2014 - Special Planning Commission Meeting


Related Relevant City Actions by P&D, Fire, Bldg., etc (Continued)
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
03/30/1984 A deed was recorded Ior a change in ownership.


Pre-Application Work Croup
06/19/14
The applicant attended a pre-application meeting, in which submittal
requirements Ior the Iiling oI the Special Use Permit application, as well as
Business Licensing applications were reviewed and supplemental handouts
were given.


Field Check
07/31/14
A Iield check oI the subject site was conducted by staII. The site is a well
maintained industrial complex containing retail and warehouse space.


Details of Application Request
Site Area
Net Acres 2.01


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

SUP-55313
SG

Staff Report Page Three
September 30, 2014 - Special Planning Commission Meeting



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 (175 Feet) Y
Las Vegas Boulevard Scenic Byway Overlay District Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Downtown Redevelopment Plan Area Y
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
Highland Drive Major Collector
Planned Streets and
Highways Map
80 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
Warehouse 36,344 1/1000 SF 37
Medical
Marijuana
Cultivation
Facility
7,070 1/1000 SF 8

TOTAL SPACES REQUIRED 45

46

Y
Regular and Handicap Spaces Required 43 2 43 3 Y
Loading
Spaces
3 5 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-55313
SG

Staff Report Page Four
September 30, 2014 - Special Planning Commission Meeting



Medical Marijuana Cultivation Facility
Wall Signs:
Standards Allowed Provided Compliance
Maximum
Number
1 per Street Frontage 1 (not on street Irontage)
Y
Maximum Area 30 SF 4.5 SF Y
Maximum Height 2 Feet 1.5 Feet Y
Illumination
Internal
(Neon Prohibited)
No illumination noted
Y


ANALYSIS

The Medical Marijuana Cultivation Facility use is deIined as 'A Iully stand-alone detached
enclosed structure which cultivates, delivers, transIers, transports, supplies, or sells marijuana to
medical marijuana dispensaries or medical marijuana production Iacilities. This use includes a
'cultivation Iacility, as deIined in NRS 453A.056. The justiIication letter states that the
applicant is applying only Ior a cultivation Iacility with proposed hours oI operation Irom 9:00
am to 5:00 pm daily. The Iloor plan illustrates a 7,070 square-Ioot Medical Marijuana
Cultivation Facility with 5,015 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 propertv, as well as there are no individual care centers licensed for more than
12 children, communitv recreational facilities (public) or Citv parks or churches/houses
of worship within 300 feet of the subfect propertv.

SUP-55313
SG

Staff Report Page Five
September 30, 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 propertv line of
a lot of record. PT SW4 NW4 SEC 09 21 61, as shown in recorded document
00001897.56753 on file with the Countv Assessor of Clark Countv, Nevada.

*3. For the purpose oI Requirement 2, and Ior that purpose only:
a. The 'property line oI a protected use reIers to the property line oI a Iee interest
parcel that has been created by an approved and recorded parcel map or
subdivision map, and does not include the property line oI a leasehold parcel; and
b. The 'property line oI a medical marijuana 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 proposed use meets this requirement as the subfect site is a lot of record.

*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.

SUP-55313
SG

Staff Report Page Six
September 30, 2014 - Special Planning Commission Meeting



*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 complv with this requirement as part of the permitting process
that will occur prior to the issuance of a Certificate of Occupancv.

*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 signage is located on the south elevation, which is not adfacent to street
frontage. A condition of approval has been added to require conformance with the
Minimum Special Use Permit Requirement regarding 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.


Medical Marijuana Cultivation Facility

The proposed use would be placed within a 7,070 square-Ioot tenant space located within an
existing warehouse building located along Highland Drive. The subject site Iacilitates the
required parking Ior the proposed use. Other than the Minimum Special Use Permit
Requirements Iound within Title 19.12, there are no special development requirements
pertaining to the site. There are no other similar uses or protected uses within the required
distance separations. For these reasons, the proposed use is deemed compatible with the
surrounding uses; thereIore, staII recommends approval with conditions.
SUP-55313
SG

Staff Report Page Seven
September 30, 2014 - Special Planning Commission Meeting



FINDINGS (SUP-55313)

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 warehouse building with associated parking. This site
contains adequate parking Ior all uses, and the proposed use does not generate the need
Ior any additional parking spaces beyond what has been provided onsite.

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

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

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

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

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

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


SUP-55313
SG

Staff Report Page Eight
September 30, 2014 - Special Planning Commission Meeting




NEIGHBORHOOD ASSOCIATIONS NOTIFIED 26


NOTICES MAILED 69


APPROVALS 0


PROTESTS 0

S
U
P
-

3
1


-

A
P
P
L
I
C
A
N
T
:


I
N
F
I
N
I
T
E

W
E
L
L
N
E
S
S


I
N
C
,

-

O
W
N
E
R
:


N
Y
P

C
O
R
P
O
R
A
T
I
O
N

Z
7

0

S
O
U
T
H

H
I
S
H
L
A
N
D

D
R
I
V
E


S
U
I
T
E

E



S
U
P
-

3
1


-

A
P
P
L
I
C
A
N
T
:


I
N
F
I
N
I
T
E

W
E
L
L
N
E
S
S


I
N
C
,

-

O
W
N
E
R
:


N
Y
P

C
O
R
P
O
R
A
T
I
O
N

Z
7

0

S
O
U
T
H

H
I
S
H
L
A
N
D

D
R
I
V
E


S
U
I
T
E

E



S
U
P
-

3
1


-

A
P
P
L
I
C
A
N
T
:


I
N
F
I
N
I
T
E

W
E
L
L
N
E
S
S


I
N
C
,

-

O
W
N
E
R
:


N
Y
P

C
O
R
P
O
R
A
T
I
O
N

Z
7

0

S
O
U
T
H

H
I
S
H
L
A
N
D

D
R
I
V
E


S
U
I
T
E

E



S
U
P
-

3
1


-

A
P
P
L
I
C
A
N
T
:


I
N
F
I
N
I
T
E

W
E
L
L
N
E
S
S


I
N
C
,

-

O
W
N
E
R
:


N
Y
P

C
O
R
P
O
R
A
T
I
O
N

Z
7

0

S
O
U
T
H

H
I
S
H
L
A
N
D

D
R
I
V
E


S
U
I
T
E

E






Agenda tem No.: 28.



AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
DIRECTOR: FLINN FAGG Consent Discussion

SUB1ECT:
SUP-55316 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: GLOBAL
GREEN ENTERPRISES, LLC - OWNER: E AND I, INC. - For possible action on a request Ior
a Special Use Permit FOR A PROPOSED 4,250 SQUARE-FOOT MEDICAL MARIJUANA
DISPENSARY at 827 South Las Vegas Boulevard, Suite A (APN 139-34-410-171), C-2
(General Commercial) Zone, Ward 3 (CoIIin). StaII recommends APPROVAL.

C.C.: 10/29/2014

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-55316
PL

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 30, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: GLOBAL GREEN ENTERPRISES, LLC -
OWNER: E & I, INC.


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
SUP-55316 StaII recommends APPROVAL, subject to conditions:

N/A


`` CONDITIONS ``


SbF-5531 CONDIIIONS


Planning

1. ConIormance to all Minimum Requirements under LVMC Title 19.12 Ior a Medical
Marijuana 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 07/23/14, and sign elevations, date stamped 09/18/14, 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-55316
PL

Conditions Page Two
September 30, 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. Prior to the submittal oI a building permit application, the applicant shall meet with
Department oI Planning staII to develop a comprehensive address plan Ior the subject site.
A copy oI the approved address plan shall be submitted with any Iuture building permit
applications related to the site.

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

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

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

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

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

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

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

15. All medical marijuana products shall remain in the original manuIacturer's conIiguration
intended Ior oII-sale.
SUP-55316
PL

Conditions Page Three
September 30, 2014 - Special Planning Commission Meeting



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-55316
PL
Staff Report Page One
September 30, 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 827 South Las Vegas Boulevard, Suite A. 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 were reviewed be the Downtown Design Review
Committee (DDRC) on September 16
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-55316
PL
Staff Report Page Two
September 30, 2014 - Special Planning Commission Meeting



06/04/14
City Council approved Text Amendment (TXT-52502) to amend Las Vegas
Municipal Code Title 6 to implement licensing regulations related to Iacilities
Ior the production oI edible marijuana products or marijuana-inIused
products, medical marijuana dispensaries, medical marijuana cultivation
Iacilities, and independent testing laboratories, collectively reIerred to as
medical marijuana establishments, in conIormance with the intent oI SB 374
oI the 2013 session oI the Nevada Legislature and to provide Ior other related
matters. Ordinance 6324.
09/16/14
The Downtown Design Review Committee reviewed the building elevations
and signage Ior the proposed Medical Marijuana Dispensary.


Most Recent Change of Ownership
05/05/89 A deed was recorded Ior a change in ownership.


Pre-Application Work Croup
06/12/14
06/16/14
06/17/14
06/19/14
07/01/14
Multiple pre-application workgroup meetings were Iacilitated, in which
submittal requirements Ior the Iiling oI the Special Use Permit application, as
well as Business Licensing applications were reviewed and supplemental
handouts were given.


Field Check
07/31/14
A Iield check was conducted, in which a well maintained site that includes an
existing wedding chapel Iacility was observed.


Details of Application Request
Site Area
Net Acres 0.24


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property
Wedding Chapel &
Banquet Facility
MXU (Mixed Use)
C-2 (General
Commercial)
North OIIice
MXU (Mixed Use) C-2 (General
Commercial)
South Parking Lot
MXU (Mixed Use) C-2 (General
Commercial)
East Undeveloped
MXU (Mixed Use) C-1 (Limited
Commercial)
West OIIice
MXU (Mixed Use) C-2 (General
Commercial)
SUP-55316
PL

Staff Report Page Three
September 30, 2014 - Special Planning Commission Meeting



Master Plan Areas Compliance
Downtown Centennial Plan Y
Special Purpose and Overlay Districts Compliance
Downtown Centennial Plan Overlay District Downtown South District Y
Las Vegas Boulevard Scenic Byway Overlay District N
Live/Work Overlay District N/A
Other Plans or Special Requirements Compliance
Trails (Scenic Byway) Y
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
Las Vegas
Boulevard
Primary Arterial
Planned Streets and
Highways

80 N
Hoover Avenue Minor Collector
Planned Streets and
Highways
60 N


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
Cultivation
Facility
4,250 SF 1/175 SF 25

Wedding
Chapel
1,120 SF
1:150 SF
oI
Assembly
Area
8

TOTAL SPACES REQUIRED 33

6

N*
Regular and Handicap Spaces Required 31 2 5 1 N*
Loading
Spaces
1 Zero N*
SUP-55316
PL

Staff Report Page Four
September 30, 2014 - Special Planning Commission Meeting



* Profects located within the Las Jegas Downtown Centennial Plan area are not subfect to the
automatic application of parking requirements. However, the above table should be used to
illustrate the requirements of an analogous profect in another location in the Citv.


Wall Signs: [West Elevation]
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
Y
The subfect parcel is located within the Las Jegas Boulevard Scenic Bvwav Overlav and
received a waiver of the illumination requirements bv the Downtown Design Review Committee,
so as to be in compliance with the Medical Marifuana Dispensarv signage requirements.


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 4,250 square-Ioot medical marijuana dispensary will operate during the hours oI
10AM and 10PM on weekdays and 10AM to 8PM on weekends. The Iloor plan illustrates a
4,250 square-Ioot Medical Marijuana Dispensary with 1,831 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.
SUP-55316
PL

Staff Report Page Five
September 30, 2014 - Special Planning Commission Meeting



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

* 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 propertv line of
Lots 14 through 16 of Block 26 of Book 001 of Page 51 (South Addition to the Citv of Las
Jegas), located at the northeast corner of Hoover 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.
SUP-55316
PL

Staff Report Page Six
September 30, 2014 - Special Planning Commission Meeting



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

*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 internallv 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.
SUP-55316
PL

Staff Report Page Seven
September 30, 2014 - Special Planning Commission Meeting



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

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

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

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

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

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

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

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

The proposed use would be placed within a 4,250 square-Ioot tenant space located within a
developed commercial property consisting oI a wedding chapel and Iormer banquet Iacility space
that is now proposed Ior a Medical Marijuana Dispensary, located at the northeast corner oI
Hoover Avenue and Las Vegas Boulevard. The subject site Iails to Iacilitate the required parking
Ior the proposed use, but is located within the Downtown Centennial Plan area where the
automatic application oI parking standards are not applied; thereby making the subject site in
conIormance with code. Other than the Minimum Special Use Permit Requirements Iound within
Title 19.12, there are no special development requirements pertaining to the site. There are no
other similar uses or protected uses within the required distance separations. For these reasons,
the proposed use is deemed compatible with the surrounding uses; thereIore, staII recommends
approval with conditions.
SUP-55316
PL

Staff Report Page Eight
September 30, 2014 - Special Planning Commission Meeting



FINDINGS

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 wedding chapel and Iormer banquet Iacility space that is to
be now used Ior a proposed Medical Marijuana Dispensary. This site Iails to Iacilitate
the required parking Ior the proposed use, but is located within the Downtown
Centennial Plan area where the automatic application oI parking standards are not
applied; thereby making the subject site in conIormance with code., 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 Medical Marijuana Dispensary can be accessed Irom Hoover Avenue, an 80-Ioot
Minor Collector, as depicted on the Master Plan oI Streets and Highway that has
adequate capacity to serve the proposed development.

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

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

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

The proposed Medical Marijuana Dispensary use meets all distance separation
requirements per Title 19.12. Conditions oI approval will ensure conIormance with all
other minimum requirements Ior this use.
SUP-55316
PL

Staff Report Page Nine
September 30, 2014 - Special Planning Commission Meeting



NEIGHBORHOOD ASSOCIATIONS NOTIFIED 36


NOTICES MAILED 664


APPROVALS 0


PROTESTS 0

S
U
P
-

3
1


-

A
P
P
L
I
C
A
N
T
:


S
L
O

A
L

S
R
E
E
N

E
N
T
E
R
P
R
I
S
E
S


L
L
C

-

O
W
N
E
R
:


E

A
N
D

I


I
N
C
,

Z
7

S
O
U
T
H

L
A
S

V
E
S
A
S

O
U
L
E
V
A
R
D


S
U
I
T
E

A



S
U
P
-

3
1


-

A
P
P
L
I
C
A
N
T
:


S
L
O

A
L

S
R
E
E
N

E
N
T
E
R
P
R
I
S
E
S


L
L
C

-

O
W
N
E
R
:


E

A
N
D

I


I
N
C
,

Z
7

S
O
U
T
H

L
A
S

V
E
S
A
S

O
U
L
E
V
A
R
D


S
U
I
T
E

A



S
U
P
-

3
1


-

A
P
P
L
I
C
A
N
T
:


S
L
O

A
L

S
R
E
E
N

E
N
T
E
R
P
R
I
S
E
S


L
L
C

-

O
W
N
E
R
:


E

A
N
D

I


I
N
C
,

Z
7

S
O
U
T
H

L
A
S

V
E
S
A
S

O
U
L
E
V
A
R
D


S
U
I
T
E

A






Agenda tem No.: 29.


AGENDA SUMMARY PAGE - PLANNING
SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
DIRECTOR: FLINN FAGG

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

Вам также может понравиться