Title
An appeal of the Downtown Review Board's denial of a Form-Based Zone Conditional Use Development Plan for a medical marijuana cultivation operation located at 910 South Nevada Avenue.
(QUASI-JUDICIAL)
Presenter:
Peter Wysocki, Director, Planning and Community Development
Matthew Fitzsimmons, Planner II, Urban Planning Division
Body
Summary:
Owner: Bonicelli Brothers, Inc.
Consultant: Kind Therapeutics Inc.
Location: 910 South Nevada Avenue, located at the southwest corner of South Nevada Avenue and East Fountain Boulevard.
The application under consideration is a Form-Based Zone Conditional Use Development Plan for a medical marijuana cultivation operation. Similarly, to the Planning Commission, the Downtown Review Board is the final decision maker on conditional use development plans within the Form-Based Zone. The Downtown Review Board denied the conditional use development plan so the applicant appealed their denial to the City Council.
Background:
A relatively brief summary of the project's history, details, and criteria is provided within this memo. A more detailed description can be found within the Downtown Review Board Staff Report.
The Applicant is proposing to convert the existing single-tenant commercial building to a two tenant space with a non-hazardous medical marijuana (MMJ) cultivation facility in the rear of the building and a secondary non-MMJ related commercial business in front. The MMJ grow will utilize approximately 80% of the building. The remaining 800-1200 square feet of commercial space will be located in the front of the building. In this portion of the building the Applicant is proposing to open a holistic/organic retail business to activate the front of the building and to produce the desired foot traffic and activity. To ensure that this space is used for a business that is suitable for the future downtown gateway area, the Applicant is willing to restrict the future uses to the following: office, commer...
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