2017 2:00:00 PM

Monday, March 27, 2017 2:00 PM
Council Chambers, Legislative Bldg, 745 4th St., Sparks, NV

Planning and Zoning Public Hearings and Action Items: 11.2

Title: Public hearing, consideration of and possible approval for NV Green, Inc. to move a medical marijuana cultivation facility from an approved but not yet established location at 1492 Linda Way to a location at 1475 Hymer Avenue. (PCN17-0008)

Petitioner/Presenter: NV Green, Inc./Karen L. Melby, AICP

Recommendation: City staff recommends that the City Council conduct the public hearing and grant NV Green, 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:

NV Green, 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 NV Green, Inc. to operate a medical marijuana cultivation facility. NV Green is requesting to move the cultivation facility from a proposed location at 1492 Linda Way to 1475 Hymer 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. NV Green was originally approved by the City to establish a medical marijuana cultivation facility at 1492 Linda Way in July 2014. NV Green, Inc. was unable to make the Linda Way location work for their operation and the MME cannot be established at this location.

As a result, NV Green, Inc. submitted a new administrative review application for 1475 Hymer 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 fufulfillment of this condition of approval.

Analysis:

The City’s land use entitlement and business licensing processes do not include a public hearing process. NV Green, Inc. has requested for a public hearing and City Council approval of the relocation of the medical marijuana cultivation facility 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 NV Green, Inc. 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 NV Greens, Inc. medical marijuana cultivation facility or provide alternative direction to staff.

Recommended Motion:

I move to approve the request from NV Green, Inc. to relocate a medical marijuana cultivation facility from 1492 Linda Way to 1475 Hymer Avenue.

Attached Files:

NV Green PH Ltr.pdf

PCN17-0008_VicinityMap.pdf

PCN17-0008(NV Green) AR ltr.pdf

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