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Sparks City Council Meeting 3/27/2017

Planning and Zoning Public Hearings and Action Items: 11.1

Title: Public hearing, consideration of and possible approval for Greenleaf Enterprises, Inc. to move a medical marijuana dispensary from an approved but not yet established location at 1825 Freeport Boulevard to a location at 1730 Glendale Avenue. (PCN17-0007)
Petitioner/Presenter: Greenleaf Enterprises, Inc./Karen L. Melby, AICP
Recommendation: City staff recommends that the City Council conduct the public hearing and grant Greenleaf Enterprises, Inc. the requested approval; see motion below.
Financial Impact: N/A
Business Impact (Per NRS 237):
    
A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief:

Greenleaf Enterprises, Inc. has requested, in writing (refer to Attachment A), that the Sparks City Council conduct a public hearing and approve a change of location for Greenleaf Enterprises, Inc. to operate a medical marijuana dispensary. Greenleaf is requesting to move the dispensary from a proposed location at 1825 Freeport Boulevard to 1730 Glendale Avenue.  



Background:

Pursuant to NRS 453A.350, a medical marijuana establishment may apply to change location within the same local jurisdiction as its original approval. A local government may only approve such an application following a public hearing.

This request is pursuant to this provision of NRS. Greenleaf was originally approved by the City to establish a medical marijuana cultivation and production facility, along with a medical marijuana dispensary, at 1825 Freeport Boulevard in September 2014. Greenleaf Enterprises was unable to come to terms for purchase of the property at 1825 Freeport Boulevard and the MME cannot be established at this location. Refer to Attachment B for the Vicinity Map. 

As a result, Greenleaf Enterprises submitted a new administrative review application for 1730 Glendale Avenue on February 22, 2017. On March 8, 2017, the administrative review (Attachment C) for the new location was approved with the condition that the new location must be approved by City Council in a public hearing, as required by state law. This public hearing is in fulfillment of this condition of approval on the administrative review application. 



Analysis:

The City’s land use entitlement and business licensing processes do not include a public hearing process. Greenleaf Enterprises’ request for a public hearing and City Council approval of the relocation of the medical marijuana dispensary is due to NRS 453A.350, which allows a medical marijuana establishment (MME) that has been granted a provisional certificate by the State of Nevada to change to a new location within the jurisdiction of the same local government if the change has been approved by the local government after a public hearing for which at least 7 working days notice has been provided.  This agenda item provides for a public hearing and for the City Council to consider and possibly grant its approval for the change of location requested by Greenleaf Enterprises. Notice of this public hearing was published in Reno Gazette Journal on March 14, 2017. 



Alternatives:

City Council may choose to not approve the change of location for Greenleaf Enterprises, Inc. medical marijuana dispensary or provide alternative direction to staff. 



Recommended Motion:

I move to approve the request from Greenleaf Enterprises, Inc. to relocate a medical marijuana dispensary from 1825 Freeport Boulevard to 1730 Glendale Avenue. 



Attached Files:
     PCN17-0007 Greenleaf PH Ltr.pdf
     PCN17-0007_VicinityMap.pdf
     PCN17-0007(Greenleaf Dispensary)AR ltr.pdf

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