Beruflich Dokumente
Kultur Dokumente
Discussion
SUBJECT:
ZON-63573 - REZONING RELATED TO GPA-63571 - PUBLIC HEARING APPLICANT/OWNER: JOHN M. BAILEY - For possible action on a request for a Rezoning
FROM: R-E (RESIDENCE ESTATES) TO: C-2 (GENERAL COMMERCIAL) on 1.05 acres at
5455 North Rainbow Boulevard (APN 125-35-101-005), Ward 4 (Anthony) [PRJ-63423]. Staff
recommends DENIAL.
C.C.: 5/10/2016
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps - ZON-63573, VAR-63817, VAR-63891, SUP-63574 and SDR63575 [PRJ-63423]
3. Supporting Documentation
ZON-63573
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Discussion
SUBJECT:
VAR-63817 - VARIANCE RELATED TO GPA-63571 AND ZON-63573 - PUBLIC
HEARING - APPLICANT/OWNER: JOHN M. BAILEY - For possible action on a request for a
Variance TO ALLOW A 13-FOOT REAR YARD SETBACK WHERE 20 FEET IS
REQUIRED FOR AN EXISTING BUILDING AND TO ALLOW A FIVE-FOOT SIDE YARD
SETBACK ON THE NORTH PERIMETER WHERE 10 FEET IS REQUIRED FOR A
PROPOSED CARPORT on 1.05 acres at 5455 North Rainbow Boulevard (APN 125-35-101005), R-E (Residence Estates) [PROPOSED: C-2 (General Commercial)] Zone, Ward 4
(Anthony) [PRJ-63423]. Staff recommends DENIAL.
C.C.: 5/18/2016
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
VAR-63817
VAR-63817
Discussion
SUBJECT:
VAR-63891 - VARIANCE RELATED TO GPA-63571, ZON-63573 AND VAR-63817 PUBLIC HEARING - APPLICANT/OWNER: JOHN M. BAILEY - For possible action on a
request for a Variance TO ALLOW A 17-FOOT RESIDENTIAL ADJACENCY SETBACK
WHERE 60 FEET IS REQUIRED FOR AN EXISTING BUILDING on 1.05 acres at 5455
North Rainbow Boulevard (APN 125-35-101-005), R-E (Residence Estates) [PROPOSED: C-2
(General Commercial)] Zone, Ward 4 (Anthony) [PRJ-63423]. Staff recommends DENIAL.
C.C.: 5/18/2016
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
VAR-63891
VAR-63891
Discussion
SUBJECT:
SUP-63574 - SPECIAL USE PERMIT RELATED TO GPA-63571, ZON-63573, VAR-63817
AND VAR-63891 - PUBLIC HEARING - APPLICANT/OWNER: JOHN M. BAILEY - For
possible action on a request for a Special Use Permit FOR DELIVERY AND SERVICE
VEHICLE STORAGE USE at 5455 North Rainbow Boulevard (APN 125-35-101-005), R-E
(Residence Estates) [PROPOSED: C-2 (General Commercial)] Zone, Ward 4 (Anthony) [PRJ63423]. Staff recommends DENIAL.
C.C.: 5/18/2016
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
SUP-63574
SUP-63574
Discussion
SUBJECT:
SDR-63575 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-63571, ZON63573, VAR-63817, VAR-63891 AND SUP-63574
- PUBLIC HEARING APPLICANT/OWNER: JOHN M. BAILEY - For possible action on a request for a Site
Development Plan Review FOR A PROPOSED 3,933 SQUARE-FOOT OFFICE AND
SERVICE VEHICLE USE WITH WAIVERS TO ALLOW A ZERO-FOOT WIDE
LANDSCAPE BUFFER ALONG A PORTION OF THE NORTH PERIMETER AND A FIVEFOOT WIDE LANDSCAPE BUFFER ALONG A PORTION OF THE SOUTH PERIMETER,
WHERE MINIMUM EIGHT-FOOT WIDE LANDSCAPE BUFFERS ARE REQUIRED on
1.05 acres at 5455 North Rainbow Boulevard (APN 125-35-101-005), R-E (Residence Estates)
[PROPOSED: C-2 (General Commercial)] Zone, Ward 4 (Anthony) [PRJ-63423]. Staff
recommends DENIAL.
C.C.: 5/18/2016
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
SDR-63575
SDR-63575
Discussion
SUBJECT:
GPA-63593 - GENERAL PLAN AMENDMENT - PUBLIC HEARING - APPLICANT: JET
DEVELOPMENT, INC. - OWNER: HANG CHU, LLC - For possible action on a request for a
General Plan Amendment FROM: M (MEDIUM DENSITY RESIDENTIAL) TO: H (HIGH
DENSITY RESIDENTIAL) on 7.86 acres at 4800 East Charleston Boulevard (APN 140-32-801001), Ward 3 (Coffin) [PRJ-63419]. Staff recommends DENIAL.
C.C.: 5/18/2016
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - GPA-63593 and SDR-63596 [PRJ-63419]
2. Conditions and Staff Report - GPA-63593 and SDR-63596 [PRJ-63419]
3. Supporting Documentation - GPA-63593 and SDR-63596 [PRJ-63419]
4. Photo(s) - GPA-63593 and SDR-63596 [PRJ-63419]
5. Justification Letter - GPA-63593 and SDR-63596 [PRJ-63419]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
GPA-63593
SDR-63596
RECOMMENDATION
Staff recommends DENIAL.
Staff recommends DENIAL, if approved subject to
conditions:
REQUIRED FOR
APPROVAL
GPA-63593
** CONDITIONS **
SDR-63596 CONDITIONS
Planning
1.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
All development shall be in conformance with the site plan, landscape plan, and building
elevations, date stamped 02/25/16, except as amended by conditions herein.
4.
Two van accessible handicapped parking spaces shall be provided within the onsite parking
area. All handicapped spaces shall be striped in conformance with Title 19.08.110
requirements.
5.
6.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
SS
7.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
8.
9.
The species, size and number of each plant shall be clearly noted on the plant legend.
All City Code requirements and design standards of all City Departments must be satisfied,
except as modified herein.
Public Works
10.
Correct all Americans with Disabilities Act (ADA) deficiencies accessing this site on
Charleston Boulevard in accordance with code requirements of Title 13.56.040 to the
satisfaction of the City Engineer concurrent with development of 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 of this site.
11.
Meet with the Fire Protection Engineering Section of the Department of Fire Services to
discuss fire requirements for the proposed use of this facility. The design and layout of all
onsite private circulation and access drives shall meet the approval of the Department of
Fire Services.
12.
Meet with the Flood Control Section of the Department of Public Works for assistance with
establishing finished floor elevations and drainage paths for this site prior to submittal of
construction plans, the issuance of any building or grading permits, whichever may occur
first. Provide and improve all drainage ways as recommended.
SS
** STAFF REPORT **
PROJECT DESCRIPTION
The site contains an existing 197-unit apartment complex in eight separate buildings on 7.86 net
acres, constructed in 1982. The applicant is requesting a Site Development Plan Review to add
two additional apartment buildings and add on to one of the existing buildings for a total of 40
new units. The applicant has already made some prior interior improvements, including a new
driveway entry, guard shack, new pool and deck, office and community room conversion,
carports, laundry room, new roofs, balconies and mechanical units, landscaping and parking
restriping. The new buildings will have stucco exteriors, and the exterior elevations of the
building with the proposed addition will also be upgraded to include stucco coatings. A play
area in the northeast corner of the site that was part of the original development but not improved
will be included with this request. In addition, the interior perimeter landscape buffers are
proposed to be replanted
The increase in units would increase the residential density of the development from 25 dwelling
units per acre to 30 dwelling units per acre, requiring an amendment to the General Plan land use
for this site. Although the R-3 (Medium Family Residential) zoning district allows up to 50
dwelling units per acre, the existing General Plan does not call for future high density residential
zoning or related uses in this area or along the Charleston Boulevard corridor. In addition, the
open areas of the development could be better served by adding additional recreation space.
Staff therefore recommends denial of the General Plan Amendment and therefore the site review
to allow additional units. If denied, up to 200 dwelling units would be allowed on the site under
the current M (Medium Density Residential) land use designation.
ISSUES
The 40 additional multi-family residential units proposed would result in a net density of
30.15 dwelling units per acre on this site, which would exceed the 25.49 dwelling units per
acre allowed by the M (Medium Density Residential) General Plan Designation. Therefore,
the applicant proposes a General Plan Amendment from M to H (High Density Residential),
which would allow for higher residential density limited only by building height.
Handicapped parking is sufficient on the site, but needs to be striped to meet City of Las
Vegas standards.
The existing trash enclosures are in disrepair and must be rebuilt to meet City of Las Vegas
standards.
A formal Site Development Plan Review was never approved for this site. Structures were
approved through building permits.
SS
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
A three-lot parcel map on 15.89 acres at the northeast corner of Charleston
12/26/79
Boulevard and Marion Drive was recorded.
Department of Planning staff administratively approved a Site Development
Plan Review (SDR-2854) for the addition of controlled access gates at an
09/05/03
existing multi-family residential development on 7.89 acres at 4840 East
Charleston Boulevard.
Most Recent Change of Ownership
05/30/15
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
1982
The existing apartment complex was constructed.
A building permit (239538) was issued for fire disaster repair at residential
03/06/14
Unit 36 at 4800 East Charleston Boulevard. A final inspection was completed
04/25/14.
A building permit (256959) was issued for a new entry guardhouse at 4800
05/14/14
East Charleston Boulevard. A final inspection was completed 10/21/14.
A building permit (256941) was issued for a new entry gateway signage
06/09/14
structure at 4800 East Charleston Boulevard. A final inspection has not been
completed.
A building permit (256960) was issued for three carport structures at 4800
08/12/14
East Charleston Boulevard. A final inspection has not been completed.
A building permit (267341) was issued for two commercial swimming pools
09/25/14
at 4800 East Charleston Boulevard. A final inspection has not been
completed.
A building permit (277008) was issued for a standard CLV design block wall
01/08/15
for swimming pool at 4800 East Charleston Boulevard. A final inspection
was completed 03/09/15.
Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss submittal
requirements for a Site Development Plan Review and a General Plan
Amendment. The difference between gross and net acreage was discussed,
02/16/16
along with how this would affect density. Landscaping buffer widths are
existing as approved and would not need to be altered as part of this
application. Handicapped parking would need to be required to meet City of
Las Vegas standards.
SS
Neighborhood Meeting
A neighborhood meeting was held at the East Las Vegas Community Center,
250 North Eastern Avenue, in Las Vegas. There were three members of the
development team, one Planning Commissioner and one member of Planning
03/24/16
staff in attendance. No members of the public were in attendance. The
developers representative gave a presentation on the proposed amendment
and changes to the apartment site for those present.
Field Check
03/03/16
The site contains eight two-story apartment buildings and a gatehouse. The
existing buildings are showing age, although no obvious defects were visible.
The proposed building sites are open graveled areas with a few trees and
shrubs. Vehicles in disrepair and derelict shopping carts were observed at the
rear of the property. Perimeter landscaping along the north, east and west
sides is either missing or neglected. There are large holes in the perimeter
wall along the west side of the property. Two trash enclosures were severely
damaged. The site contains a pool and landscaped deck in good condition,
and a vacant, dirt-covered area in the northeast corner where a play area is to
be provided.
Surrounding
Property
Subject Property
North
South
Planned or Special
Land Use Designation
M (Medium Density
Residential)
Single Family,
Detached
ML (Medium Low
Density Residential)
R-PD7 (Residential
Planned Development 7
Units per Acre)
Shopping Center
General Retail Store
Office, Other Than
Listed
General Retail Store
OP (Office Professional)
- Clark County
Designation
SS
Surrounding
Property
Planned or Special
Land Use Designation
Undeveloped
Undeveloped
East
Single Family,
Detached
ML (Medium Low
Density Residential)
West
Multi-Family
Residential
M (Medium Density
Residential)
Compliance
N/A
Compliance
N/A
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Pursuant to Title 19.06, the following standards apply:
Standard
Required/Allowed
Min. Lot Size
6,500 SF
Min. Lot Width
N/A
Min. Setbacks
Front
10 Feet
Side
5 Feet
Corner
N/A
20 Feet
Rear
Provided
342,382 SF
361 Feet
Compliance
Y
N/A
34 Feet
80 Feet
N/A
76 Feet
Y
Y
N/A
Y
SS
Standard
Min. Distance Between Buildings
Max. Lot Coverage
Max. Building Height
Trash Enclosure
Mech. Equipment
Required/Allowed
10 Feet
N/A
5 Stories/55 Feet
Screened, gated, w/ a
Roof or Trellis
Screened
Provided
18 Feet
45 %
2 Stories/24
Feet
Compliance
Y
N/A
Screened, Gated
By condition
Screened
By condition
Existing Zoning
R-3 (Medium Density
Residential)
Existing General Plan
M (Medium Density
Residential)
Proposed General Plan
Permitted Density
Units Allowed
13-50 du/ac
393
Permitted Density
Units Allowed
25.49 du/ac
200
Permitted Density
Units Allowed
Limited only by building
height
Provided
Compliance
95 Shrubs
65 Shrubs
36 Shrubs
35 Shrubs
N*
N*
N*
N*
SS
Street Name
Functional
Classification of
Street(s)
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Charleston
Boulevard
Primary Arterial
100
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
Number of
HandiHandiRatio
Regular
Regular
Units
capped
capped
Multi-Family
1.25
Residential
131
spaces per
164
Studio/1 BR
unit
Multi-Family
1.75
Residential
74
spaces per
130
2 BR
unit
SS
Parking Requirement
Gross Floor
Area or
Use
Number of
Units
Multi-Family
Residential
32
3 BR
Guest Parking
237
Required
Provided
Compliance
Parking
Parking
Parking
HandiHandiRatio
Regular
Regular
capped
capped
2 spaces
per unit
64
1 space
per 6 units
40
398
390
399
380
Y
Y
19
ANALYSIS
The site is subject to all applicable Title 19 requirements. There are no special area plan
requirements for this site. A Site Development Plan Review is required for the proposed
additions to the building and changes to the play area and parking lot. This is the first formal
Site Development Plan Review for this development. Several of the development standards have
changed since this property was first approved and developed, causing some structures and
landscaping to be nonconforming with respect to current standards. The addition of the two
proposed buildings will not eliminate existing parking spaces or reduce perimeter buffer widths
beyond their current state.
The current density of the site, based on net site area, is 25.06 dwelling units per acre. An
additional 40 units would increase the density to 30.15 dwelling units per acre. The current
zoning district, R-3 (Medium Density Residential), allows up to 50 dwelling units per acre;
however, the current General Plan designation, M (Medium Density Residential), only allows up
to 25.49 dwelling units per acre. The applicant is requesting a General Plan Amendment to H
(High Density Residential), which allows net densities of greater than 25.49 dwelling units per
acre. This portion of Charleston Boulevard is characterized by multi-family residential and
narrow-lot single family detached residential developments north of the street and a mix of
residential and commercial uses to the south in unincorporated Clark County. Currently, the
only areas of high density residential development along Charleston are located west of Mojave
Road, although in Redevelopment Area 2 there are areas designated MXU (Mixed Use) between
Valley View Boulevard and Rainbow Boulevard that would also allow redevelopment of parcels
for high density residential uses. Although the current zoning allows for higher density, the
General Plan is clear in that densities are to be limited to less than 25.5 dwelling units per acre in
this area of the city.
SS
The Southeast Sector Plan (Neighborhood Revitalization Plan) of the General Plan contains
several policies that affect this request. Policy 2.1.5 states that neighborhoods be encouraged to
revitalize through a variety of incentives, which may include accessory apartments and
relaxation of setback requirements where offset with enhanced landscaping in areas deemed
appropriate. Additional landscaping is proposed in the interior of this project, and perimeter
buffers are proposed to be replenished with live plants.
Policy 2.2.1 states that any higher density or mixed-use development which is adjacent to lower
density residential development incorporate appropriate design, transition or buffering elements
which will mitigate adverse visual, audible, aesthetic and traffic impacts. To this end,
replenished landscaping will be provided in the perimeter buffers where previously missing.
However, due to the current configuration of the site and parking lot, these buffers cannot be
increased to conform to Title 19 standards, nor will the new oleander shrubs provide much
additional buffering of the adjacent single-family uses.
According to the Parks Element of the Las Vegas 2020 Master Plan, the Southeast Sector is
largely underserved in terms of open space with a level of service of 1.36 acres of parkland per
1,000 residents (in Year 2012), where 2.5 acres per 1,000 residents is the adopted standard. In
the next 20 years that figure is expected to remain flat unless higher densities are introduced, in
which case the level of service deficiency will grow. An increase in units will contribute to this
deficiency.
Landscaping in the south (front) buffer area and certain areas of the interior is existing. The
perimeter buffer areas are nonconforming and are not required to be changed to comply with
current code as a result of this request. The buffer areas will be replanted with oleander shrubs
as previously approved and to match the existing shrubs along Charleston Boulevard. Parking
lot landscape islands and trees at ends of rows were not previously required in this development.
The existing parking lot can accommodate the increase in the parking requirement generated by
the additional multi-family residential units; therefore, no additional parking lot landscaping is
required. Landscaping adjacent to buildings and amenity areas will be enhanced, which will
provide some shade and cooling properties where they didnt previously exist.
All handicap accessible spaces shown on the submitted site plan are not in conformance with city
of Las Vegas handicapped parking space design standards contained within the Unified
Development Code. A five-foot striped landing is required on both sides of each regular
handicapped space, and an eight-foot striped landing is required on one side of each van
accessible handicapped space. In addition, per Title 19.18.030(D)(3), for every six required
handicap spaces or portion thereof, one van accessible handicapped space is required. Therefore,
two such spaces are required for this development.
SS
The Las Vegas Valley Water District submitted the following comment regarding this site: The
resulting parcel is currently served by LVVWD but does not have the required backflow
prevention per NAC 445A.67195. Civil and plumbing plans will need to be submitted to
LVVWD for meter sizing, available fire flow and installation of backflow prevention. SNWA
Regional Connection Fees are required to be paid for the additional 40 units.
FINDINGS (GPA-63593)
Section 19.16.030(I) of the Las Vegas Zoning Code requires that the following conditions be met
in order to justify a General Plan Amendment:
1.
The density and intensity of the proposed General Plan Amendment is compatible
with the existing adjacent land use designations,
The General Plan does not provide for densities over 25 dwelling units per acre within this
area of the city. The proposed H (High Density Residential) land use designation would
therefore be incompatible with the M (Medium Density Residential) and ML (Medium
Low Density Residential) designations on nearby parcels.
2.
The zoning designations allowed by the proposed amendment will be compatible with
the existing adjacent land uses or zoning districts,
The H (High Density Residential) land use category allows for the current R-3 (Medium
Residential Density) zoning district up to 50 dwelling units per acre and R-4 (High Density
Residential) for higher densities. An R-4 zoning district would not be compatible with the
densities of other residential developments in the area, which are less than 25 dwelling
units per acre.
3.
4.
The proposed amendment conforms to other applicable adopted plans and policies
that include approved neighborhood plans.
SS
There are no other applicable overlay districts or special area plans that apply to this
area.
FINDINGS (SDR-63596)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E) the
Planning Commission and/or City Council must affirm the following:
1.
2.
The proposed development is consistent with the General Plan, this Title, the Design
Standards Manual, the Landscape, Wall and Buffer Standards, and other dulyadopted city plans, policies and standards;
Several aspects of the existing development are nonconforming with respect to current
codes and are not proposed to be changed. The new buildings will be constructed in
conformance with Title 19 requirements.
3.
4.
Building and landscape materials are appropriate for the area and for the City;
The new buildings will have stucco exteriors, which are more suitable for this area than the
existing painted panel facades on the existing buildings. The new buildings will also
feature wood shake roofs to match the existing buildings. The existing oleander shrubs are
nonconforming and would not be adequate for screening purposes.
5.
SS
The proposed building elevations are at a similar scale to the existing buildings and are
designed to match the color and style (exterior access) of the existing buildings with
upgraded exteriors. They would be harmonious and compatible with other apartment
buildings in this area.
6.
Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
New development on the site is subject to permit review and inspection, thus protecting the
public health, safety and general welfare.
NOTICES MAILED
575
APPROVALS
PROTESTS
11
SS
GPA-63593
GPA-63593
GPA-63593
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Discussion
SUBJECT:
SDR-63596 - SITE DEVELOPMENT PLAN REVIEW RELATED TO GPA-63593 - PUBLIC
HEARING - APPLICANT: JET DEVELOPMENT, INC. - OWNER: HANG CHU, LLC - For
possible action on a request for a Site Development Plan Review FOR A PROPOSED 40-UNIT
ADDITION TO AN EXISTING 197-UNIT MULTI-FAMILY RESIDENTIAL
DEVELOPMENT on 7.86 acres at 4800 East Charleston Boulevard (APN 140-32-801-001), R-3
(Medium Density Residential) Zone, Ward 3 (Coffin) [PRJ-63419]. Staff recommends
DENIAL.
C.C.: 5/18/2016
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
SDR-63596
SDR-63596
SDR-63596
SDR 63596
Jet Development, Inc.
6.65
APARTMENT [DWELL]
AM Peak Hour
197
PM Peak Hour
0.51
0.62
1,310
100
122
Proposed Addition
Average Daily Traffic (ADT)
6.65
APARTMENT [DWELL]
AM Peak Hour
40
PM Peak Hour
0.51
0.62
266
20
25
Total
Average Daily Traffic (ADT)
6.65
APARTMENT [DWELL]
AM Peak Hour
PM Peak Hour
0.51
0.62
40,485
3,239
Marion Dr.
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)
6,984
559
Nellis Blvd.
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)
43,580
3,486
Charleston Blvd.
Marion Dr.
Nellis Blvd.
237
1,576
120
147
This project will add approximately 266 trips per day on Charleston Blvd., Marion Dr. and Nellis Blvd. Charleston is
currently at about 78 percent of capacity, Marion is at about 43 percent of capacity and Nellis is at about 84 percent of
capacity. After this project, Charleston is expected to be at about 79 percent of capacity, Marion at about 44 percent of
capacity, and Nellis at about 85 percent of capacity.
Based on Peak Hour use, this development will add into the area roughly 25 additional cars, or one every two minutes.
Note that this report assumes all traffic from this development uses all named streets.
Discussion
SUBJECT:
MOD-63600 - MAJOR MODIFICATION - PUBLIC HEARING - APPLICANT: 180 LAND
CO, LLC - OWNER: SEVENTY ACRES, LLC, ET AL - For possible action on a request for a
Major Modification of the 1990 Peccole Ranch Master Plan TO AMEND THE NUMBER OF
ALLOWABLE UNITS, TO CHANGE THE LAND USE DESIGNATION OF PARCELS
COMPRISING THE CURRENT BADLANDS GOLF COURSE, TO PROVIDE STANDARDS
FOR REDEVELOPMENT OF SUCH PARCELS AND TO REFLECT THE AS-BUILT
CONDITION OF THE REMAINING PROPERTIES on 1,569.60 acres generally located east of
Hualapai Way, between Alta Drive and Sahara Avenue (APNs Multiple), Ward 2 (Beers) [PRJ63491]. Staff has NO RECOMMENDATION.
C.C.: 5/18/2016
PROTESTS RECEIVED BEFORE:
23
RECOMMENDATION:
Staff has NO RECOMMENDATION
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Abeyance Request Submitted by - EHB Companies - MOD-63600, GPA-63599, ZON-63601
and DIR-63602 [PRJ-63491]
3. Conditions and Staff Report- MOD-63600, GPA-63599 and ZON-63601 [PRJ-63491]
4. Supporting Documentation- MOD-63600, DIR-63602, GPA-63599 and ZON-63601 [PRJ63491]
5. Photo(s) - MOD-63600, DIR-63602, GPA-63599 and ZON-63601 [PRJ-63491]
6. Justification Letter
7. Peccole Ranch Master Plan
8. Protest/Support Postcards - MOD-63600 and DIR-63602 [PRJ-63491]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
RECOMMENDATION
MOD-63600
GPA-63599
ZON-63601
REQUIRED FOR
APPROVAL
MOD-63600
MOD-63600
GPA-63599
SS
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is proposing to redevelop the 250.92 acres (referred to in the applicants
documents as the Property) that make up the Badlands Golf Course at the southwest corner of
Alta Drive and Rampart Boulevard. This area is subject to the Peccole Ranch Master Plan
(hereafter, the Plan), which was adopted in 1989 and amended in 1990. Since that time,
numerous developmental changes have occurred in the Plan area without a corresponding update
to the Plan. With an aim to rectify the inconsistencies of the Plan and to add residential units to
the Property, the applicant is requesting a Major Modification to the Peccole Ranch Master Plan
to memorialize the as-built condition of the existing properties on the overall 1,569-acre site and
to change the land use designation in the Plan from Golf Course/Open Space/Drainage to SingleFamily Residential and Multi-Family Residential.
Specifically, the number of allowable residential units is proposed to increase. An associated
development agreement proposes standards for development of the golf course property in two
categories: R-E (Residence Estates) for single-family residential uses and R-4 (High Density
Residential) for multi-family uses. In addition, the Plan would be updated through a Major
Modification to provide additional drainage infrastructure, which would remove some existing
properties from federal flood plain designation. No new commercial is proposed within the Plan
area.
ISSUES
The Badlands golf course was enlarged from the 1990 Peccole Ranch Master Plan (184 acres
to 250 acres) without modification of the Plan and built in a different location than was
shown on the 1990 plan.
If approved, the prior General Plan Amendment (GPA-62387) and Rezoning (ZON-62392)
requests would be subsumed into this General Plan Amendment and Rezoning proposal.
A Major Modification of the Peccole Ranch Master Plan is requested.
A General Plan Amendment is requested to change the General Plan land use designation of
the Property from PR-OS (Parks/Recreation/Open Space) to H (High Density Residential) on
the east 67.22 acres of the Property and to DR (Desert Rural Density Residential) on the
remaining 183.70 acres of the Property.
A Rezoning is requested to change the zoning designation of the Property from R-PD7
(Residential Planned Development 7 Units per Acre) to R-4 (High Density Residential) on
the east 67.22 acres of the Property and to R-E (Residence Estates) on the remaining 183.70
acres of the Property.
SS
A related development agreement is to contain a unique set of development standards for the
development of property in the proposed R-4 and R-E Districts. The analysis and report for
the development agreement will be under a separate Directors Business Item (DIR-63602).
The proposed amendment would allow for up to 3,020 multi-family residential units to be
built on the east 67.22 acres of the Property.
The proposed amendment would allow for up to 60 single family residential estates to be
constructed on the west 183.70 acres of the Property.
No new commercial is proposed.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The Board of City Commissioners approved the Annexation (A-0018-80) of
2,243 acres bounded by Sahara Avenue on the south, Hualapai Way on the
12/17/80
west, Ducharme Avenue on the north and Durango Drive on the east. The
annexation became effective on 12/26/80.
The Board of City Commissioners approved a Rezoning (Z-0034-81) from NU (Non-Urban) to R-1 (Single Family Residence), R-2 (Two Family
Residence), R-3 (Limited Multiple Residence), R-MHP (Residential Mobile
Home Park), R-PD7 (Residential Planned Development), R-PD8 (Residential
05/20/81
Planned Development), P-R (Professional Offices and Parking), C-1 (Limited
Commercial), C-2 (General Commercial) and C-V (Civic) generally located
north of Sahara Avenue, south of Westcliff Drive and extending two miles
west of Durango Drive. The Planning Commission and staff recommended
approval. This application included a generalized land use plan.
The City Council approved the Master Development Plan for Venetian
Foothills on 1,923 acres generally located north of Sahara Avenue between
Durango Drive and Hualapai Way. The Planning Commission and staff
recommended approval. This plan included two 18-hole golf courses and a
106-acre regional shopping center. [Venetian Foothills Master Development
Plan]
05/07/86
The City Council approved a Rezoning (Z-0030-86) to reclassify property
from N-U (Non-Urban) (under Resolution of Intent) to R-PD4 (Residential
Planned Development), P-R (Professional Offices and Parking), C-1 (Limited
Commercial), and C-V (Civic) on 585.00 acres generally located north of
Sahara Avenue between Durango Drive and Hualapai Way. The Planning
Commission and staff recommended approval. [Venetian Foothills Phase
One]
SS
SS
SS
Pre-Application Meeting
Multiple meetings were held with the applicant to discuss the proposed development and its
impacts, and the timelines and requirements for application submittal.
Neighborhood Meeting
A neighborhood meeting was held at the Suncoast Hotel and Casino, 9090
Alta Drive, Las Vegas. There were 11 members of the development team,
183 members of the public, one Department of Planning staff member and
03/28/16
one City Councilperson in attendance. After attendees signed in, they were
offered a welcome letter and a hard copy of the video presentation. The
developers representative prefaced the presentation of the development
proposal by explaining that the golf course will eventually be removed due to
SS
Neighborhood Meeting
high maintenance costs and that changing the zoning is a way to preserve the
low density of the neighborhood but also to increase demand for housing and
commercial services in the area. The representative answered residents
questions for 40 minutes, and then invited those in attendance to visit any of
four stations where large informational boards were set up and additional
questions could be asked of the development team. Comment cards addressed
to the Department of Planning were placed on tables for attendees to pick up.
Concerns included the following:
Residents purchased homes with the understanding that the golf
course would remain.
Excavation: Grading cuts and fills would use existing earthwork
material, and therefore there would not be trucks moving dirt in and
out of the development.
The development agreement calls for 24-hour construction, which
raised concerns over noise. A provision would be added that no noise
would be generated during regular nighttime hours.
Adding over 3,000 units would strain water resources and raise fire
and flood insurance premiums.
04/04/16
Field Check
03/03/16
The overall site includes a mix of various uses, including single family
residential of varying density, multi-family residential, schools, parks and
other civic uses, neighborhood commercial and a 27-hole public golf course.
A majority of the single family residential areas situated around the golf
course are gated.
SS
Surrounding
Property
Subject Property
North
Single Family,
Detached
ML (Medium Low
Density Residential)
Single Family,
Detached
ML (Medium Low
Density Residential)
South
Single Family,
Attached
Multi-Family
Residential
Shopping Center
Office, Other Than
Listed
East
M (Medium Density
Residential)
SC (Service
Commercial)
Utility Installation
GC (General
Commercial)
PF (Public Facilities)
Single Family,
Attached
M (Medium Density
Residential)
Mixed Use
SS
Surrounding
Property
West
Golf Course
Multi-Family
Residential
Planned or Special
Existing Zoning District
Land Use Designation
SF2 (Single Family
Detached 6 Units per
Acre)
P (Parks/Open Space) P-C (Planned Community)
MF2 (Medium Density
Multi-family 21 Units
per Acre)
Compliance
Y
Compliance
Y
Y
Compliance
Y
N/A
Y
Y
DEVELOPMENT STANDARDS
Pursuant to the related Development Agreement (DIR-63602) for redevelopment of the
250.92-acre golf course (the Property), the following standards would apply if approved:
Proposed R-4 lots:
Standard
Min. Lot Size
Min. Lot Width
Dwelling Units per Acre
Min. Setbacks
Front
Side
Corner
Rear
Title 19 Standards
7,000 SF
N/A
Limited by height and
underlying General Plan
designation
Proposed
7,000 SF
N/A
45 du/ac (Development Area 1)
60 du/ac (Development Area 2)
36 du/ac (Development Area 3)
10 Feet
5 Feet
5 Feet
20 Feet
SS
Standard
Min. Distance Between Buildings
Max. Lot Coverage
Max. Building Height
Up to 4 stories
5-6 stories
Towers (7+ stories)
Max. Accessory Structure Height
Trash Enclosure
Mech. Equipment
Existing Zoning
R-PD7 (Residential Planned
Development 7 Units per
Acre)
Title 19 Standards
Unlimited
N/A
Proposed
N/A, except as restricted by
conditions of approval of SDR
N/A
55 Feet
55 Feet
75 Feet
250 Feet
Title 19 Standards
20,000 SF
100 Feet
2.18 du/ac
1
Proposed
43,560 SF
N/A
0.33 du/ac
1
50 Feet
10 Feet
15 Feet
35 Feet
N/A
2 Stories/35 Feet
2 Stories/35 Feet, whichever
is less
15-foot setback to side, rear
and corner side PL from posts
N/A
3 Stories over
Basement/50 Feet
Lesser of 3 Stories/50 Feet
5-foot setback from all
property lines
Permitted Density
Units Allowed
7.49 du/ac
1,879
SS
Proposed Zoning
Permitted Density (proposed)
Units Allowed
R-4 (High Density
Unlimited, except by height
Limited by height
Residential)*
R-E (Residence Estates)*
1 du/ac
183
Existing General Plan
Permitted Density
Units Allowed
PR-OS
(Parks/Recreation/Open
N/A
None
Space)
Proposed General Plan
Permitted Density
Units Allowed
H (High Density Residential)
Unlimited
Unlimited
DR (Desert Rural Density
2.49 du/ac
457
Residential)
*The R-4 and R-E Districts are as proposed by the Major Modification.
Street Name
Functional
Classification of
Street(s)
Rampart Boulevard
Primary Arterial
Alta Drive
Major Collector
Governing Document
Master Plan of Streets
and Highways Map
Master Plan of Streets
and Highways Map
Actual
Street Width
(Feet)
Compliance
with Street
Section
100
84
ANALYSIS
Since the original approval of the reclassification of property (Z-0017-90) that created the Peccole
Ranch Master Plan Phase Two area, there have been numerous land use entitlements processed
within the overall Master Plan area. Entitlements have ranged from Site Development Plan
Reviews to establish Residential Planned Development (R-PD) zoning district development
standards to the amending of the City of Las Vegas 2020 Master Plan and City of Las Vegas Zoning
Atlas. Past land use entitlement practices have varied in respect to proposed developments within
the Peccole Ranch Master Plan Phase Two area, specifically in regards to the means by which
previous developers have been able to propose development with or without an associated
modification of the Peccole Ranch Master Plan. Since adoption of the 1990 Peccole Ranch Master
Plan the property was developed with deference to the Plan.
FINDINGS (MOD-63600)
Additional time is needed to review and evaluate the Major Modification and associated
Development Agreement (DIR-63602). Therefore, no finding can be reached at this time.
SS
FINDINGS (GPA-63599)
Section 19.16.030(I) of the Las Vegas Zoning Code requires that the following conditions be met
in order to justify a General Plan Amendment:
1.
The density and intensity of the proposed General Plan Amendment is compatible
with the existing adjacent land use designations,
The proposed General Plan Amendment is dependent upon actions taken on the associated
Major Modification to the Peccole Ranch Master Plan and Development Agreement. As
additional time is needed for review of these submitted documents, no findings can be
reached at this time.
2.
The zoning designations allowed by the proposed amendment will be compatible with
the existing adjacent land uses or zoning districts,
The proposed General Plan Amendment is dependent upon actions taken on the associated
Major Modification to the Peccole Ranch Master Plan and Development Agreement. As
additional time is needed for review of these submitted documents, no findings can be
reached at this time.
3.
4.
The proposed amendment conforms to other applicable adopted plans and policies
that include approved neighborhood plans.
The proposed General Plan Amendment is dependent upon actions taken on the associated
Major Modification to the Peccole Ranch Master Plan and Development Agreement. As
additional time is needed for review of these submitted documents, no findings can be
reached at this time.
FINDINGS (ZON-63601)
In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning
Commission or City Council must affirm the following:
SS
1.
2.
The uses which would be allowed on the subject property by approving the rezoning
will be compatible with the surrounding land uses and zoning districts.
The proposed Rezoning is dependent upon actions taken on the associated Major
Modification to the Peccole Ranch Master Plan and Development Agreement. As
additional time is needed for review of these submitted documents, no findings can be
reached at this time.
3.
Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
The proposed Rezoning is dependent upon actions taken on the associated Major
Modification to the Peccole Ranch Master Plan and Development Agreement. As
additional time is needed for review of these submitted documents, no findings can be
reached at this time.
4.
Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed zoning district.
The proposed Rezoning is dependent upon actions taken on the associated Major
Modification to the Peccole Ranch Master Plan and Development Agreement. As
additional time is needed for review of these submitted documents, no findings can be
reached at this time.
44
NOTICES MAILED
APPROVALS
PROTESTS
SS
MOD-63600
MOD-63600
MOD-63600
MOD-63600
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MOD-63600 [PRJ-63491] - MAJOR MODIFICATION RELATED TO GPA-63599, ZON-63601 AND DIR63602 - APPLICANT: 180 LAND CO, LLC - OWNER: SEVENTY ACRES, LLC, ET AL
EAST OF HUALAPAI WAY, BETWEEN ALTA DRIVE AND SAHARA AVENUE & SOUTHWEST CORNER OF
ALTA DRIVE AND RAMPART BOULEVARD
03/03/16
MOD-63600 [PRJ-63491] - MAJOR MODIFICATION RELATED TO GPA-63599, ZON-63601 AND DIR63602 - APPLICANT: 180 LAND CO, LLC - OWNER: SEVENTY ACRES, LLC, ET AL
EAST OF HUALAPAI WAY, BETWEEN ALTA DRIVE AND SAHARA AVENUE & SOUTHWEST CORNER OF
ALTA DRIVE AND RAMPART BOULEVARD
03/03/16
MOD-63600 [PRJ-63491] - MAJOR MODIFICATION RELATED TO GPA-63599, ZON-63601 AND DIR63602 - APPLICANT: 180 LAND CO, LLC - OWNER: SEVENTY ACRES, LLC, ET AL
EAST OF HUALAPAI WAY, BETWEEN ALTA DRIVE AND SAHARA AVENUE & SOUTHWEST CORNER OF
ALTA DRIVE AND RAMPART BOULEVARD
03/03/16
MOD-63600 [PRJ-63491] - MAJOR MODIFICATION RELATED TO GPA-63599, ZON-63601 AND DIR63602 - APPLICANT: 180 LAND CO, LLC - OWNER: SEVENTY ACRES, LLC, ET AL
EAST OF HUALAPAI WAY, BETWEEN ALTA DRIVE AND SAHARA AVENUE & SOUTHWEST CORNER OF
ALTA DRIVE AND RAMPART BOULEVARD
03/03/16
MOD-63600 [PRJ-63491] - MAJOR MODIFICATION RELATED TO GPA-63599, ZON-63601 AND DIR63602 - APPLICANT: 180 LAND CO, LLC - OWNER: SEVENTY ACRES, LLC, ET AL
EAST OF HUALAPAI WAY, BETWEEN ALTA DRIVE AND SAHARA AVENUE & SOUTHWEST CORNER OF
ALTA DRIVE AND RAMPART BOULEVARD
03/03/16
MOD-63600 [PRJ-63491] - MAJOR MODIFICATION RELATED TO GPA-63599, ZON-63601 AND DIR63602 - APPLICANT: 180 LAND CO, LLC - OWNER: SEVENTY ACRES, LLC, ET AL
EAST OF HUALAPAI WAY, BETWEEN ALTA DRIVE AND SAHARA AVENUE & SOUTHWEST CORNER OF
ALTA DRIVE AND RAMPART BOULEVARD
03/03/16
MOD-63600 [PRJ-63491] - MAJOR MODIFICATION RELATED TO GPA-63599, ZON-63601 AND DIR63602 - APPLICANT: 180 LAND CO, LLC - OWNER: SEVENTY ACRES, LLC, ET AL
EAST OF HUALAPAI WAY, BETWEEN ALTA DRIVE AND SAHARA AVENUE & SOUTHWEST CORNER OF
ALTA DRIVE AND RAMPART BOULEVARD
03/03/16
MOD-63600 [PRJ-63491] - MAJOR MODIFICATION RELATED TO GPA-63599, ZON-63601 AND DIR63602 - APPLICANT: 180 LAND CO, LLC - OWNER: SEVENTY ACRES, LLC, ET AL
EAST OF HUALAPAI WAY, BETWEEN ALTA DRIVE AND SAHARA AVENUE & SOUTHWEST CORNER OF
ALTA DRIVE AND RAMPART BOULEVARD
03/03/16
MOD-63600 [PRJ-63491] - MAJOR MODIFICATION RELATED TO GPA-63599, ZON-63601 AND DIR63602 - APPLICANT: 180 LAND CO, LLC - OWNER: SEVENTY ACRES, LLC, ET AL
EAST OF HUALAPAI WAY, BETWEEN ALTA DRIVE AND SAHARA AVENUE & SOUTHWEST CORNER OF
ALTA DRIVE AND RAMPART BOULEVARD
03/03/16
MOD-63600 [PRJ-63491] - MAJOR MODIFICATION RELATED TO GPA-63599, ZON-63601 AND DIR63602 - APPLICANT: 180 LAND CO, LLC - OWNER: SEVENTY ACRES, LLC, ET AL
EAST OF HUALAPAI WAY, BETWEEN ALTA DRIVE AND SAHARA AVENUE & SOUTHWEST CORNER OF
ALTA DRIVE AND RAMPART BOULEVARD
03/03/16
MOD-63600 [PRJ-63491] - MAJOR MODIFICATION RELATED TO GPA-63599, ZON-63601 AND DIR63602 - APPLICANT: 180 LAND CO, LLC - OWNER: SEVENTY ACRES, LLC, ET AL
EAST OF HUALAPAI WAY, BETWEEN ALTA DRIVE AND SAHARA AVENUE & SOUTHWEST CORNER OF
ALTA DRIVE AND RAMPART BOULEVARD
03/03/16
MOD-63600 [PRJ-63491] - MAJOR MODIFICATION RELATED TO GPA-63599, ZON-63601 AND DIR63602 - APPLICANT: 180 LAND CO, LLC - OWNER: SEVENTY ACRES, LLC, ET AL
EAST OF HUALAPAI WAY, BETWEEN ALTA DRIVE AND SAHARA AVENUE & SOUTHWEST CORNER OF
ALTA DRIVE AND RAMPART BOULEVARD
03/03/16
MOD-63600 [PRJ-63491] - MAJOR MODIFICATION RELATED TO GPA-63599, ZON-63601 AND DIR63602 - APPLICANT: 180 LAND CO, LLC - OWNER: SEVENTY ACRES, LLC, ET AL
EAST OF HUALAPAI WAY, BETWEEN ALTA DRIVE AND SAHARA AVENUE & SOUTHWEST CORNER OF
ALTA DRIVE AND RAMPART BOULEVARD
03/03/16
MOD-63600 [PRJ-63491] - MAJOR MODIFICATION RELATED TO GPA-63599, ZON-63601 AND DIR63602 - APPLICANT: 180 LAND CO, LLC - OWNER: SEVENTY ACRES, LLC, ET AL
EAST OF HUALAPAI WAY, BETWEEN ALTA DRIVE AND SAHARA AVENUE & SOUTHWEST CORNER OF
ALTA DRIVE AND RAMPART BOULEVARD
03/03/16
MOD-63600
MOD-63600
MOD-63600
MOD-63600
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7 7 7 7 7 7 7 7 7 7 7 7 7
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MOD-63600
Discussion
SUBJECT:
GPA-63599 - GENERAL PLAN AMENDMENT RELATED TO MOD-63600 - PUBLIC
HEARING - APPLICANT/OWNER: 180 LAND CO, LLC, ET AL - For possible action on a
request for a General Plan Amendment FROM: PR-OS (PARKS/RECREATION/OPEN
SPACE) TO: DR (DESERT RURAL DENSITY RESIDENTIAL) AND H (HIGH DENSITY
RESIDENTIAL) on 250.92 acres at the southwest corner of Alta Drive and Rampart Boulevard
(APNs 138-31-702-002; 138-31-801-002 and 003; 138-32-202-001; and 138-32-301-005 and
007), Ward 2 (Beers) [PRJ-63491]. Staff has NO RECOMMENDATION.
C.C.: 5/18/2016
PROTESTS RECEIVED BEFORE:
18
RECOMMENDATION:
Staff has NO RECOMMENDATION
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps
3. Supporting Documentation
3. Justification Letter - GPA-63599 and ZON-63601 [PRJ-63491]
4. Protest/Support Postcards - GPA-63599 and ZON-63601 [PRJ-63491]
GPA-63599
GPA-63599
GPA-63599
GPA-63599
GPA-63599
GPA-63599
A
A
A
A
Ab
7b A7
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Discussion
SUBJECT:
ZON-63601 - REZONING RELATED TO MOD-63600 AND GPA-63599 - PUBLIC
HEARING - APPLICANT/OWNER: 180 LAND CO, LLC, ET AL - For possible action on a
request for a Rezoning FROM: R-PD7 (RESIDENTIAL PLANNED DEVELOPMENT - 7
UNITS PER ACRE) TO: R-E (RESIDENCE ESTATES) AND R-4 (HIGH DENSITY
RESIDENTIAL) ON 248.79 ACRES AND FROM: PD (PLANNED DEVELOPMENT) TO: R4 (HIGH DENSITY RESIDENTIAL) on 2.13 acres at the southwest corner of Alta Drive and
Rampart Boulevard (APNs 138-31-702-002; 138-31-801-002 and 003; 138-32-202-001; and
138-32-301-005 and 007), Ward 2 (Beers) [PRJ-63491]. Staff has NO RECOMMENDATION.
C.C.: 5/18/2016
PROTESTS RECEIVED BEFORE:
18
RECOMMENDATION:
Staff has NO RECOMMENDATION
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Location and Aerial Maps - ZON-63601 and DIR-63602 [PRJ-63491]
3. Supporting Documentation
ZON-63601
ZON-63601
ZON-63601
ZON-63601
ZON-63601
ZON-63601
A
A
A
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Discussion
SUBJECT:
DIR-63602 - DIRECTOR''S BUSINESS RELATED TO MOD-63600 - PUBLIC HEARING APPLICANT/OWNER: 180 LAND CO, LLC, ET AL - For possible action on a request for a
Development Agreement between 180 Land Co. LLC, et al. and the City of Las Vegas on 250.92
acres at the southwest corner of Alta Drive and Rampart Boulevard (APNs 138-31-702-002;
138-31-801-002 and 003; 138-32-202-001; and 138-32-301-005 and 007), Ward 2 (Beers) [PRJ63491]. Staff has NO RECOMMENDATION.
C.C.: 5/18/2016
PROTESTS RECEIVED BEFORE:
23
RECOMMENDATION:
Staff has NO RECOMMENDATION
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Staff Report
3. Supporting Documentation
4. Development Agreement
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Discussion
C.C.: 5/18/2016
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
ZON-63475 [PRJ-63360]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
ZON-63475
RECOMMENDATION
REQUIRED FOR
APPROVAL
NE
ZON-63475 [PRJ-63360]
Staff Report Page One
April 12, 2016 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request to Rezone 2801 West Charleston Boulevard from the C-D (Designed
Commercial) zoning district to the O (Office) zoning district. The applicant has indicated As
Title 19 no longer supports the C-D (Designed Commercial) zoning district, and rezoning the
subject site would bring the subject site into compliance with the sites current General Plan
designation of O (Office); staff is recommending approval of this request.
ISSUES
The C-D (Designed Commercial) zoning district is no longer supported by Title 19.
Rezoning the subject site from C-D (Designed Commercial to O (Office) will bring the
subject site into compliance with the current General Plan designation of O (Office).
The CD-O (Designed Commercial Overlay District) provides standards for limited
commercial uses where it is necessary to preserve the character of surrounding land uses with
less intense commercial development. If this rezoning request is approved, the requirements
of the CD-O will take precedence over the height, setback and lot coverage provisions of the
O (Office) District.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The Board of Zoning Adjustment denied a request for a Variance on property
located at 1100 Cahlan Drive to allow a proposed 26-foot tall building where
20 feet is the maximum height allowed; and to allow a building setback of 15
09/02/97
feet from the front property line, 5 feet from the side property line, and 71.88
feet from the rear property line where 25, 10 and 78 feet are the minimum
setbacks required.
The City Council approved an appeal of the denial by the Board of Zoning
Adjustment on a request for a Variance on property located at 1100 Cahlan
Drive to allow a proposed 26-foot tall building where 20 feet is the maximum
09/22/97
height allowed; and to allow a building setback of 15 feet from the front
property line, 5 feet from the side property line, and 71.88 feet from the rear
property line where 25, 10 and 78 feet are the minimum setbacks required.
NE
ZON-63475 [PRJ-63360]
Staff Report Page Two
April 12, 2016 - Planning Commission Meeting
NE
ZON-63475 [PRJ-63360]
Staff Report Page Three
April 12, 2016 - Planning Commission Meeting
Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal requirements
02/10/16
for a rezoning were discussed.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
03/03/16
Staff performed a routine field check where a well maintained office building
was observed, with the exception of the trash enclosure. The gate on the trash
enclosure was broken with one gate panel missing.
Surrounding
Property
Subject Property
North
Planned or Special
Land Use Designation
O (Office)
O (Office)
NE
ZON-63475 [PRJ-63360]
Staff Report Page Four
April 12, 2016 - Planning Commission Meeting
Surrounding
Property
South
East
West
Planned or Special
Land Use Designation
DR (Desert Rural
Residential)
O (Office)
O (Office)
Compliance
N/A
Compliance
Y
Y
Y
Compliance
N/A
Y
Y
N/A
N/A
ANALYSIS
The applicant is requesting to rezone the subject site from C-D (Designed Commercial) to O
(Office) at 2801 West Charleston Building. The subject site is an existing two-story medical
office building with existing tenants. The applicant indicates in their justification letter the desire
to be able to co-locate a dental hygienist training school (Business School) within an existing
dental office in suite 100. Currently, the C-D (Designed Commercial) zoning district does not
allow for a Business School, but the O (Office) zoning district does permit a Business School.
The subject sites current zoning designation of C-D (Designed Commercial) is no longer
supported by Title 19. In addition, the General Plan designation of the subject site is O (Office)
which supports the requested O (Office) zoning district. While the zoning district of C-D
(Designed Commercial) may no longer be applicable, the subject site is located within the CD-O
(Designed Commercial Overlay District) which requires any new construction to be subject to
the requirements of the CD-O (Designed Commercial Overlay District). The CD-O (Designed
Commercial Overlay District) limits building height to one story or 20 feet, whichever is less for
NE
ZON-63475 [PRJ-63360]
Staff Report Page Five
April 12, 2016 - Planning Commission Meeting
parcels fronting Charleston Boulevard between Rancho Drive and Valley View Boulevard,
unless otherwise approved by the City Council. Rezoning the subject site to the O (Office)
zoning district would allow for the same or similar uses that already exist on the site.
The O (Office) District is designed to provide for the development of office uses, supporting
service uses and low intensity commercial uses performing administrative, professional and
personal services. These may be small office buildings developed in a cluster with an internal
traffic circulation system or one larger office building. The O (Office) District offers a buffer
zone between residential and more intense retail/commercial uses.
Rezoning the subject site from the non-supported C-D (Designed Commercial) zoning district to
the O (Office) zoning district would bring the subject site into compliance with the sites current
General Plan designation of O (Office); therefore, staff is recommending approval of this
request.
FINDINGS (ZON-63475)
In order to approve a Rezoning application, pursuant to Title 19.16.090(L), the Planning
Commission or City Council must affirm the following:
1.
2.
The uses which would be allowed on the subject property by approving the rezoning
will be compatible with the surrounding land uses and zoning districts.
The C-1 (Limited Commercial) District allows for office uses, supporting service uses and
low intensity commercial uses performing administrative, professional and personal
services that would be compatible with the existing surrounding land uses.
3.
Growth and development factors in the community indicate the need for or
appropriateness of the rezoning.
The C-D (Designed Commercial) zoning district is no longer supported by Title 19, as
restrictions are placed on development through the Designed Commercial Overlay District.
4.
Street or highway facilities providing access to the property are or will be adequate in
size to meet the requirements of the proposed zoning district.
NE
ZON-63475 [PRJ-63360]
Staff Report Page Six
April 12, 2016 - Planning Commission Meeting
Primary access to the subject property is provided from Charleston Boulevard, a 100-foot
Primary Arterial as classified by the Master Plan of Streets and Highways. Secondary
access is provided from Cahlan Drive, a 60-foot local street. Both roadways have
adequate capacity to accommodate the proposed O (Office) zoning district.
NOTICES MAILED
115
APPROVALS
PROTESTS
25
NE
ZON-63475
ZON-63475
ZON-63475
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ZON-63475
ZON-63475
Discussion
SUBJECT:
VAR-63394 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: JAMES F
WOLFRAM AND SHARON R. WOLFRAM - For possible action on a request for a Variance
TO ALLOW A ZERO-FOOT SIDE YARD SETBACK WHERE 10 FEET IS REQUIRED FOR
AN EXISTING 115 SQUARE-FOOT ACCESSORY STRUCTURE (CLASS II) [SHED] on
0.59 acres at 212 Canyon Drive (APN 139-32-110-005), R-E (Residence Estates) Zone, Ward 1
(Tarkanian) [PRJ-63303]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 5/18/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-63394, VAR-63397 and SUP-63398 [PRJ-63303]
2. Conditions and Staff Report - VAR-63394, VAR-63397 and SUP-63398 [PRJ-63303]
3. Supporting Documentation - VAR-63394, VAR-63397 and SUP-63398 [PRJ-63303]
4. Photo(s) - VAR-63394, VAR-63397 and SUP-63398 [PRJ-63303]
5. Justification Letter - VAR-63394, VAR-63397 and SUP-63398 [PRJ-63303]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAR-63394
VAR-63397
SUP-63398
RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:
REQUIRED FOR
APPROVAL
N/A
N/A
VAR-63397
** CONDITIONS **
VAR-63394 CONDITIONS
Planning
1.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
2.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
3.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
4.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
RG
VAR-63397 CONDITIONS
Planning
1.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
2.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
3.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
4.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
SUP-63398 CONDITIONS
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for Accessory
Structure (Class I) use.
2.
Approval of and conformance to the Conditions of Approval for Variance (var-63397) shall
be required.
3.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
4.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
5.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit, as well as submitted as part of any business license application.
6.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
RG
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Variance to allow an Accessory Structure (Class II) [shed] use, along with
a separate Variance and Special Use Permit to allow a proposed Accessory Structure (Class I)
[Guest House]. The site is located at 212 Canyon Drive, in an R-E (Residence Estates) zoning
district. No substantial evidence has been presented to warrant the requested Variances. As
such, the hardship is self-imposed and staff recommends denial of this request. If approved each
of the applications are subject to conditions.
ISSUES
A Variance is required to allow a zero-foot side yard building setback for an existing
Accessory Structure (Class II) [shed] where 10 feet is the minimum required.
Pursuant to Title 19.06 and 19.12, an Accessory Structure (Class I) [Guest House] is
permissible in the R-E (Residence Estates) zoning district with approval of a Special Use
Permit and a Variance request to allow the proposed Accessory Structure (Class I) [Guest
House] to be at five-foot side yard setback where 10 feet is allowed.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Board of Zoning Adjustment approved a request for a Variance (V-015190) to allow a proposed addition to an existing single-family residence five
12/27/90
feet from the side property line where ten feet is the minimum setback
required on property located at 212 Canyon Drive. Staff recommended
denial.
The Board of Zoning Adjustment approved an Extension of Time (V-015190) on an approved Variance which allowed a proposed addition to an
01/2//92
existing single-family residence five feet from the side property line where 10
feet is the minimum setback required on property located at 212 Canyon
Drive. Staff recommended approval.
The City Council approved a General Plan Amendment (GPA-0047-01)
request from SC (Service Commercial) to O (Office); from R (Rural Density
Residential) to DR (Desert Rural Density Residential); from O (Office) to DR
(Desert Rural Density Residential); from O (Office) to DR (Desert Rural
06/19/02
Density Residential) and from L (Low Density Residential) to DR (Desert
Rural Density Residential) for multiple locations in accordance with the
recommendation of the Rancho Charleston Land Use Study. The subject site
was part of that request.
RG
Pre-Application Meeting
A pre-application meeting was conducted by staff with the applicant to
discuss submittal requirements:
The applicant was informed that the proposed Accessory Structure
(Class I) [Guest House] can be met without a Variance if it was placed
at the side yard setback and will need only the Special Use Permit
application. Discussion regarding the option to have the Guest House
conforming to setback requirements and without a stove and apply for
a Special Use Permit to install the stove in the future.
02/08/16
An existing non-permitted Accessory Structure (Class II) was
discussed at his meeting. A Variance application will be required if
the applicant keeps the existing structure where it is currently located.
The other option is to remove the existing structure completely from
the site without the need for a Variance application.
An option was discussed to incorporate the existing non-permitted
structure with the proposed Guest House in one setback Variance
application or apply for a separate Variance.
Neighborhood Meeting
A neighborhood meeting was not required, nor was held.
Field Check
03/03/16
Staff conducted a field check of the subject property and requested variance
for the existing shed is situated on the zero-foot setback.
RG
Planned or Special
Land Use Designation
DR (Desert Rural
Density Residential)
DR (Desert Rural
Density Residential)
DR (Desert Rural
Density Residential)
DR (Desert Rural
Density Residential)
PF (Public Facility)
Compliance
N/A
Compliance
Y
N/A
DEVELOPMENT STANDARDS
Pursuant to note the applicable code section here 19.06, the following standards apply:
Standard
Required/Allowed
Provided
Compliance
Min. Lot Size
20,000 SF
25,700 SF
Y
Min. Lot Width
100 Feet
123 Feet
Y
Min. Setbacks Accessory Structure (Class
I)
10 Feet
0* Feet
N*
Side
Min. Setbacks Accessory Structure (Class
II)
Side
Rear
Min. Distance Between Buildings
Accessory Structure (Class I)
Min. Distance Between Buildings
Accessory Structure (Class II)
Rear Lot Coverage
*Variance requested setbacks.
10 Feet
10 Feet
5 Feet
47 Feet
N*
Y
6 Feet
14 Feet
6 Feet
50 %
9 Feet
5%
Y
Y
RG
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Single Family
3,702 SF
2 per Unit
2
Residence
Accessory
Structure
510 SF
1 per Unit
1
(Class I)
Existing
Accessory
115 SF
N/A
N/A
Structure
(Class II)
3
3
Y
TOTAL SPACES REQUIRED
3
0
3
0
Y
Regular and Handicap Spaces Required
ANALYSIS
This application is a request for two Variances and a Special Use Permit to allow a 115 squarefoot Accessory Structure (Class II) [Shed] and a 510 square-foot Accessory Structure (Class I)
[Casita] located at 212 Canyon Drive in an R-E (Residence Estates) zoning district. The subject
property consists of a 3,702 square-foot single-family dwelling and an existing Accessory
Structure (Class II) [Shed]. The existing shed is located by a CMU wall matching the existing
perimeter wall. Because the shed is less than 200 square feet in size, a building permit is not
required. However, the structure is still required to comply with setback requirements. The
applicant is proposing a new Accessory Structure (Class I) with kitchen with a side yard setback
at five feet where the requirement is 10 feet.
The Accessory Structure (Class I) use is defined as An accessory structure which is located on
the same residential parcel as a principal dwelling and which, as an ancillary use, provide living
quarters, including full kitchen facilities, for the occupants of the principal dwelling or their
tenants, domestic employees or temporary guests.
The Minimum Special Use Permit Requirements for this use include:
*1. The size of the lot or parcel must exceed 6500 square feet
The proposed use meets this condition as the size of the lot contains 25,700 square feet.
RG
2. Unless the principal dwelling is owner-occupied, a Class I accessory structure may not
be offered or occupied as a rental unit.
The proposed use meets this requirement, as the applicant states in the justification letter,
date stamped 02/25/16, that the proposed Casita will be used by a family member.
According to the submitted justification letter and floor plan, the proposed use meets the
definition outline above for Accessory Structure (Class I) [Casita]. The submitted elevations and
floor plan indicate that the propose one-story structure will be utilized as a guest house and casita
with full kitchen facilities, which require the approval of a Special Use Permit pursuant to Title
19.12. The accessory structure has been designed to aesthetically match the principal dwelling.
The submitted site plan indicated the proposed class I accessory structure is within five feet from
the side property line; an application for a variance has been submitted with this request.
There is also an existing Accessory Structure (Class II) [Shed] on the subject site which is 115
square feet in size and is placed along the north property line at zero-foot distance. Since the
structure is less than 200 square feet in size the Building and Safety Department does not require
the issuance of a building permit for the structure. Title 19.06 requires that the Accessory
Structure shall have a minimum side yard setback of 10 feet and requires a separate variance
application.
Due to the absence of any hardship or unique evidence to warrant the requested Variances to the
subject property, staff recommends denial.
FINDINGS (VAR-63394)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City Council,
in considering the merits of a Variance request, shall not grant a Variance in order to:
1.
2.
3.
RG
as to relieve the difficulties or hardship, if the relief may be granted without substantial
detriment to the public good, without substantial impairment of affected natural resources
and without substantially impairing the intent and purpose of any ordinance or
resolution.
No evidence of a unique or extraordinary circumstance has been presented, in that the applicant
has created a self-imposed hardship by building the existing Accessory Structure (Class II)
[Shed] at the property line. An alternative is to relocate the existing Accessory Structure (Class
II) [Shed], whereas the rear of the property contains sufficient space that would allow
conformance to the Title 19 requirements. In view of the absence of any hardships imposed by
the sites physical characteristics, it is concluded that the applicants hardship is preferential in
nature, and it is thereby outside the realm of NRS Chapter 278 for granting of Variances.
FINDINGS (VAR-63397)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City Council,
in considering the merits of a Variance request, shall not grant a Variance in order to:
1.
2.
3.
RG
FINDINGS (SUP-63398)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
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 proposed land use cannot be conducted in a manner that will be harmonious and
compatible with existing surrounding land uses due to the setback waiver to allow within
five feet from the side yard property line.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The subject site is physically suitable for the type and intensity of the land use proposed.
The rear yard has sufficient space for an accessory structure.
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 subject property is located in a residential subdivision which contains a privately
maintain streets.
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 Accessory Structure (Class I) will be subject to a building permit review and
building code required pertaining to public health, safety and welfare.
5.
The use meets all of the applicable conditions per Title 19.12.
The proposed Accessory Structure (Class I) meets the minimum conditions.
19
NOTICES MAILED
90 - VAR-63394
90 - VAR-63397 and SUP-63398
APPROVALS
PROTESTS
0
RG
VAR-63394
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Discussion
SUBJECT:
VAR-63397 - VARIANCE - PUBLIC HEARING - APPLICANT/OWNER: JAMES F
WOLFRAM AND SHARON R. WOLFRAM - For possible action on a request for a Variance
TO ALLOW A FIVE-FOOT SIDE YARD SETBACK WHERE 10 FEET IS REQUIRED FOR
A PROPOSED 510 SQUARE-FOOT ACCESSORY STRUCTURE (CLASS I) [GUEST
HOUSE] on 0.59 acres at 212 Canyon Drive (APN 139-32-110-005), R-E (Residence Estates)
Zone, Ward 1 (Tarkanian) [PRJ-63303]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 5/18/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
VAR-63397
Discussion
SUBJECT:
SUP-63398 - SPECIAL USE PERMIT RELATED TO VAR-63397 - PUBLIC HEARING APPLICANT/OWNER: JAMES F WOLFRAM AND SHARON R. WOLFRAM - For possible
action on a request for a Special Use Permit FOR A PROPOSED 510 SQUARE-FOOT
ACCESSORY STRUCTURE (CLASS I) [GUEST HOUSE] at 212 Canyon Drive (APN 139-32110-005), R-E (Residence Estates) Zone, Ward 1 (Tarkanian) [PRJ-63303]. Staff recommends
DENIAL.
MAY GO TO CITY COUNCIL ON 5/18/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
SUP-63398
Discussion
SUBJECT:
VAR-63584 - VARIANCE - PUBLIC HEARING - APPLICANT: DR HORTON - OWNER: R
M H TRUST - For possible action on a request for a Variance TO ALLOW A CONNECTIVITY
RATIO OF 1.0 WHERE 1.3 IS REQUIRED AND TO ALLOW NO AMENITY ZONE WHERE
SUCH IS REQUIRED FOR A PROPOSED RESIDENTIAL SUBDIVISION on 1.90 acres at
the northwest corner of Dorrell Lane and Decatur Boulevard (APN 125-24-503-020), R-1
(Single Family Residential) Zone, Ward 6 (Ross) [PRJ-63482]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 5/18/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]
2. Conditions and Staff Report - VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]
3. Supporting Documentation - VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]
4. Photo(s) - VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]
5. Justification Letter - VAR-63584, WVR-63585 and TMP-63586 [PRJ-63482]
6. Protest Postcard - VAR-63854 and WVR-63585 [PRJ-63482]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAR-63584
WVR-63585
TMP-63586
RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:
REQUIRED FOR
APPROVAL
VAR-63584
VAR-63584
WVR-63585
** CONDITIONS **
VAR-63584 CONDITIONS
Planning
1.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
2.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
3.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
4.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
JB
WVR-63585 CONDITIONS
Planning
1.
This approval shall be void two (2) years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
2.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
3.
A Waiver from of Title 19.02.240 to allow no street lighting along the proposed interior
private street where such is required is approved.
4.
A Waiver from of Title 19.02.140 to allow a 187-foot external intersection offset where
220 feet is the minimum distance separation required is approved.
5.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
6.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
TMP-63586 CONDITIONS
Planning
1.
2.
Approval of the Tentative Map shall be for no more than four (4) years. If a Final Map is
not recorded on all or a portion of the area embraced by the Tentative Map with four (4)
years of the approval of the Tentative Map, this action is void.
3.
Street names must be provided in accordance with the City of Las Vegas Street Naming
and Address Assignment Regulations, 2009 Edition.
JB
4.
A fully operational fire protection system, including fire apparatus roads, fire hydrants and
water supply, shall be installed and shall be functioning prior to construction of any
combustible structures.
5.
6.
All development is subject to the conditions of City Departments and State Subdivision
Statutes.
Public Works
7.
Construct half-street improvements on Dorrell Lane and Decatur Boulevard adjacent to 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 of this site.
Additionally, coordinate the construction of widened pavement adjacent to Assessor Parcel
Number #125-24-503-012 between this site and the Donald & Decatur I site (TMP-63580).
8.
The private street for this site must be granted as a Public Utility Easement, Public Sewer
Easement, and Public Drainage Easement with private surface maintenance by the
Homeowners Association on the Final Map for this site.
9.
A working sanitary sewer connection shall be in place prior to final inspection of any units
within this development. Full permanent improvements on all major access streets,
including all required landscaped areas between the perimeter wall and adjacent public
street, shall be constructed and accepted by the City prior to issuance of any building
permits beyond 50% of all units within this development. All off-site improvements
adjacent to this site, including all required landscaped areas between the perimeter walls
and adjacent public streets, shall be constructed and accepted prior to issuance of building
permits beyond 75%. The above thresholds notwithstanding, all required improvements
shall be constructed in accordance with Title19.02.130.D.
JB
10.
All landscaping and private improvements installed with this project shall be situated and
maintained so as to not create sight visibility obstructions for vehicular traffic at all
development access drives and abutting street intersections.
11.
A Drainage Plan and Technical Drainage Study must be submitted to and approved by the
Department of Public Works prior to the issuance of any building or grading permits or
submittal of any construction drawings, whichever may occur first. Provide and improve
all drainageways recommended in the approved drainage plan/study. The developer of this
site shall be responsible to construct such neighborhood or local drainage facility
improvements as are recommended by the City of Las Vegas Neighborhood Drainage
Studies and approved Drainage Plan/Study concurrent with development of this site.
12.
As per Unified Development Code (UDC) 19.16.060.G, all requirements must be complied
with or such future compliance must be guaranteed by an approved performance security
method in accordance with UDC sections 19.02.130.C and 19.02.130.E.
12.
The approval of all Public Works related improvements shown on this Tentative Map is in
concept only. Specific design and construction details relating to size, type and/or
alignment of improvements, including but not limited to street, sewer and drainage
improvements, shall be resolved prior to approval of the construction plans by the City. No
deviations from adopted City Standards shall be allowed unless specific written approval
for such is received from the City Engineer prior to the recordation of a Final Map or the
approval of subdivision-related construction plans, whichever may occur first. Approval of
this Tentative Map does not constitute approval of any deviations. If such approval cannot
be obtained, a revised Tentative Map must be submitted showing elimination of such
deviations.
JB
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Tentative Map for a proposed eight-lot single-family residential
subdivision, comprised of eight residential lots and two common lots on a 1.90-acre undeveloped
site located on the northwest corner of Dorrell Lane and Decatur Boulevard, within a R-1 (Single
Family Residential) zoning district.
In addition, the applicant has also requested a Waiver of Title 19.02 and Variance of Title 19.04
Complete Street development standards; to allow a connectivity ratio of 1.0 where 1.3 is
required, to allow no amenity zone where such is required along Dorrell Lane and Decatur
Boulevard, to allow a 187-foot external intersection offset where 220 feet is the minimum
distance separation required and to allow no streetlights along the interior private street where
such are required. No unique or extraordinary evidence has been presented to warrant the
requested Waiver and Variance. As such, the hardship is self-imposed and; therefore, staff
recommends denial of all associated applications with this project.
ISSUES
A Waiver is required to allow no installation of streetlights along the interior private street
required by Title 19.02.240 development standards.
A Waiver is required to allow a 187-foot external intersection offset where 220 feet is the
minimum distance separation required by Title 19.02.140 development standards.
A Variance application is required to allow a connectivity ratio of 1.0 where 1.3 is required
by Title 19.04.040 development standards.
A Variance is required to allow, no amenity zone improvements along Dorrell Lane and
Decatur Boulevard, which are required by Title 19.04 development standards.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Board of City Commissioners approved an Annexation (A-0003-64)
05/12/64
request of 5,000 acres generally located north of Lone Mountain Road and
west of Decatur Boulevard with an effective date of 05/20/64.
The City Council approved a request for a Rezoning (ZON-61791) from R-E
(Residence Estates) to R-1 (Single Family Residential) at the northwest corner
01/20/16
of Dorrell Lane and Decatur Boulevard. The Planning Commission and staff
recommended approval.
JB
Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss the submittal
02/23/16
requirements for a Waiver, Variance and Tentative Map applications; for a
proposed eight-lot residential subdivision.
Neighborhood Meeting
A neighborhood meeting is not required for this type of request nor was one held.
Field Check
03/03/16
During a routine site inspection staff observed that the subject site was an
undeveloped parcel of land with high weeds and shrubs.
Surrounding
Property
Subject Property
Undeveloped
North
Single-Family
Residential
Planned or Special
Land Use Designation
ML (Medium Low
Density Residential)
ML (Medium Low
Density Residential)
South
Single-Family
Residential
ML (Medium Low
Density Residential)
East
Undeveloped
West
Undeveloped
JB
Compliance
N/A
Compliance
N/A
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Pursuant to Title 19.06.070 development standards, the following standards apply:
Existing Zoning
Permitted Density
Units Allowed
Units Provided
R-1 (Single Family
8.49 du/ac
16
8
Residential)
Standard
Min. Setbacks:
Front
Side
Rear
Corner
Maximum Height
Street Name
Required/Allowed
Provided
Compliance
20 Feet
5 Feet
15 Feet
15 Feet
35 Feet
20 Feet
5 Feet
15 Feet
15 Feet
N/A
Y
Y
Y
Y
N/A
Functional
Classification of
Street(s)
Governing Document
Parkway Arterial
Actual
Street Width
(Feet)
Compliance
with Street
Section
120
N*
60
N*
JB
19.04.040 Connectivity
Transportation Network Element
# Links
# Nodes
Internal Street
1
Intersection Internal
0
Cul-de-sac Terminus
1
Intersection External Street or Stub Terminus
0
Intersection Stub Terminus w/ Temporary Turn Around
0
Easements
Non-Vehicular Path - Unrestricted
0
Total
1
1
Required
Provided
Connectivity Ratio (Links / Nodes):
1.30
1.00*
*The applicant has requested a Variance (VAR-63584) to allow a connectivity ratio of 1.0 where
1.3 is required by Title 19.04.040 development standards.
JB
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Single-Family
2 spaces
8 du
16
Detached
per du
16
16
Y
TOTAL SPACES REQUIRED
16
0
16
0
Y
Regular and Handicap Spaces Required
ANALYSIS
The applicant has proposed to develop the subject site into a 10-lot single-family residential
subdivision located on the northwest corner of Dorrell Lane and Decatur Boulevard, within an R1 (Single Family Residential) zoning district. The subject site is 1.90-acres and is currently
undeveloped.
In addition, the applicant has also requested a Waiver (WVR-63585) of Title 19.02 and Variance
(VAR-63584) of Title 19.04 Complete Street development standards; to allow a connectivity
ratio of 1.0 where 1.3 is required, to allow no amenity zone where such is required along Dorrell
Lane and Decatur Boulevard, to allow a 187-foot external intersection offset where 220 feet is
the minimum distance separation required and to allow no streetlights along the proposed interior
private street where such are required.
The existing General Plan land use designation ML (Medium Low Density Residential) has an
allowable density of 8.49 dwelling units per gross acre, which is compatible with the eight
dwellings which are proposed. The proposed lots range in size from 7,088 square feet to 9,252
square feet and exceed the 60-foot minimum lot width required by code. Site access is proposed
from Shady Chestnut Court by way of a 47-foot private street that will serve this site. The
applicant has indicated on the submitted plan that six-foot perimeter screening walls and interior
screening walls will be provided between the proposed lots and surrounding the site, which will
be designed in accordance with Title 19.06.060 development standards. The submitted
north/south and east/west cross section depicts maximum natural grade less than 2% across this
site. Per the Tables in Subdivision Code 19.06.050 a development with natural slope less than
2%, is allowed a maximum 4-foot retaining wall. No retaining walls are shown in the cross
sections.
The Clark County School District was provided an opportunity to comment on the proposed
development. However, no comments were received that indicated either a favorable or
unfavorable review of the proposed residential project.
JB
The City is currently working on building complete streets throughout the City. No unique or
extraordinary evidence has been presented to warrant the requested Waiver and Variance. As
such, the hardship is self-imposed and; therefore, staff recommends denial of all associated
applications with this project.
FINDINGS (VAR-63584)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City Council,
in considering the merits of a Variance request, shall not grant a Variance in order to:
1.
2.
3.
FINDINGS (WVR-63585)
No substantial evidence has been presented to warrant the requested Waiver of Title 19.02 to
allow no streetlights along the proposed interior private street and to allow a 187-foot external
intersection offset where 220 feet is the minimum distance separation allowed, staff recommends
denial of the request with conditions.
JB
FINDINGS (TMP-63586)
The proposed Tentative Map conforms to Nevada Revised Statute, however the applicant has
requested a Waiver (WVR-63584) of Title 19.02.240 and Variance (VAR-63585) of Title
19.04.220 Complete Street development standards to allow a connectivity ratio of 1.0 where 1.3
is required, to allow no amenity zone where such is required along Dorrell Lane and Decatur
Boulevard, to allow a 187-foot external intersection offset where 220 feet is the minimum
distance separation required and to allow no streetlights along the proposed interior private street
where such are required. Therefore, staff recommends denial with conditions.
24
NOTICES MAILED
APPROVALS
PROTESTS
JB
VAR-63584
VAR-63584
Discussion
SUBJECT:
WVR-63585 - WAIVER RELATED TO VAR-63584 - PUBLIC HEARING - APPLICANT: DR
HORTON - OWNER: R M H TRUST - For possible action on a request for a Waiver TO
ALLOW A 187-FOOT EXTERNAL INTERSECTION OFFSET WHERE 220 FEET IS THE
MINIMUM DISTANCE SEPARATION REQUIRED AND TO ALLOW NO INTERIOR
STREETLIGHTS WHERE SUCH ARE REQUIRED FOR A PROPOSED RESIDENTIAL
SUBDIVISION on 1.90 acres at the northwest corner of Dorrell Lane and Decatur Boulevard
(APN 125-24-503-020), R-1 (Single Family Residential) Zone, Ward 6 (Ross) [PRJ-63482].
Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 5/18/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
WVR-63585
WVR-63585
Discussion
SUBJECT:
TMP-63586 - TENTATIVE MAP RELATED TO VAR-63584 AND WVR-63585 - DECATUR
& DONALD II - PUBLIC HEARING - APPLICANT: DR HORTON - OWNER: R M H
TRUST - For possible action on a request for a Tentative Map FOR AN EIGHT-LOT SINGLE
FAMILY RESIDENTIAL SUBDIVISION on 1.90 acres at the northwest corner of Dorrell Lane
and Decatur Boulevard (APN 125-24-503-020), R-1 (Single Family Residential) Zone, Ward 6
(Ross) [PRJ-63482]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 5/18/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest Postcard
TMP-63586
TMP-63586
TMP-63586
TMP-63586
TMP-63586
TMP-63586
TMP-63586
TMP-63586
TMP-63586
TMP-63586
TMP-63586
TMP 63586
DR Horton
9.57
SINGLE FAMILY DETACHED [DWELL]
PM Peak Hour
0.75
1.01
77
6
8
18,067
1,445
Elkhorn Road
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)
7,077
566
This project will add approximately 77 trips per day on Donald Rd., Dorrell Ln., Decatur Blvd. and Elkhorn Rd. Decatur is
currently at about 52 percent of capacity and Elkhorn is at about 21 percent of capacity. After this project, Decatur is
expected to be at about 53 percent of capacity and Elkhorn unchanged. Counts are not available in this area for Donald or
Dorrell, but they are believed to be under capacity.
Based on Peak Hour use, this development will add into the area roughly 8 additional cars, or about two every fifteen
minutes.
Note that this report assumes all traffic from this development uses all named streets.
Discussion
SUBJECT:
VAR-63577 - VARIANCE - PUBLIC HEARING - APPLICANT: DR HORTON - OWNER:
LEXINGTON PARTNERS LLC, ET AL - For possible action on a request for a Variance TO
ALLOW NO AMENITY ZONE WHERE SUCH IS REQUIRED FOR A PROPOSED
RESIDENTIAL SUBDIVISION on 11.86 acres adjacent to the north side of Dorrell Lane,
approximately 425 feet west of Decatur Boulevard (APNs Multiple), R-1 (Single Family
Residential) Zone, Ward 6 (Ross) [PRJ-63479]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 5/18/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-63577, WVR-63579 and TMP-63589 [PRJ-63483]
2. Conditions and Staff Report - VAR-63577, WVR-63579 and TMP-63589 [PRJ-63483]
3. Supporting Documentation - VAR-63577, WVR-63579 and TMP-63589 [PRJ-63483]
4. Photo(s) - VAR-63577, WVR-63579 and TMP-63589 [PRJ-63483]
5. Justification Letter - VAR-63577, WVR-63579 and TMP-63589 [PRJ-63483]
6. Protest Postcard - VAR-63577 and WVR-63579 [PRJ-63483]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAR-63577
WVR-63579
TMP-63580
RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:
REQUIRED FOR
APPROVAL
VAR-63577
VAR-63577
WVR-63579
** CONDITIONS **
VAR-63577 CONDITIONS
Planning
1.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
2.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
3.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
4.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
JB
WVR-63585 CONDITIONS
Planning
1.
This approval shall be void two (2) years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
2.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
3.
A Waiver from of Title 19.02.240 to allow no street lighting along proposed interior private
streets where such is required is approved.
4.
A Waiver from of Title 19.02.140 to allow a 154-foot external intersection offset where
220 feet is the minimum distance separation required is approved.
5.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
6.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
TMP-63586 CONDITIONS
Planning
1.
2.
Approval of the Tentative Map shall be for no more than four (4) years. If a Final Map is
not recorded on all or a portion of the area embraced by the Tentative Map with four (4)
years of the approval of the Tentative Map, this action is void.
3.
Street names must be provided in accordance with the City of Las Vegas Street Naming
and Address Assignment Regulations, 2009 Edition.
4.
A fully operational fire protection system, including fire apparatus roads, fire hydrants and
water supply, shall be installed and shall be functioning prior to construction of any
combustible structures.
JB
5.
6.
All development is subject to the conditions of City Departments and State Subdivision
Statutes.
Public Works
7.
8.
The private streets for this site must be granted as a Public Utility Easement, Public Sewer
Easement, and Public Drainage Easement with private surface maintenance by the
Homeowners Association on the Final Map for this site.
9.
A working sanitary sewer connection shall be in place prior to final inspection of any units
within this development. Full permanent improvements on all major access streets,
including all required landscaped areas between the perimeter wall and adjacent public
street, shall be constructed and accepted by the City prior to issuance of any building
permits beyond 50% of all units within this development. All off-site improvements
adjacent to this site, including all required landscaped areas between the perimeter walls
and adjacent public streets, shall be constructed and accepted prior to issuance of building
permits beyond 75%. The above thresholds notwithstanding, all required improvements
shall be constructed in accordance with Title19.02.130.D.
JB
10.
All landscaping and private improvements installed with this project shall be situated and
maintained so as to not create sight visibility obstructions for vehicular traffic at all
development access drives and abutting street intersections.
11.
A Drainage Plan and Technical Drainage Study must be submitted to and approved by the
Department of Public Works prior to the issuance of any building or grading permits or
submittal of any construction drawings, whichever may occur first. Provide and improve
all drainageways recommended in the approved drainage plan/study. The developer of this
site shall be responsible to construct such neighborhood or local drainage facility
improvements as are recommended by the City of Las Vegas Neighborhood Drainage
Studies and approved Drainage Plan/Study concurrent with development of this site.
12.
As per Unified Development Code (UDC) 19.16.060.G, all requirements must be complied
with or such future compliance must be guaranteed by an approved performance security
method in accordance with UDC sections 19.02.130.C and 19.02.130.E.
13.
The approval of all Public Works related improvements shown on this Tentative Map is in
concept only. Specific design and construction details relating to size, type and/or
alignment of improvements, including but not limited to street, sewer and drainage
improvements, shall be resolved prior to approval of the construction plans by the City. No
deviations from adopted City Standards shall be allowed unless specific written approval
for such is received from the City Engineer prior to the recordation of a Final Map or the
approval of subdivision-related construction plans, whichever may occur first. Approval of
this Tentative Map does not constitute approval of any deviations. If such approval cannot
be obtained, a revised Tentative Map must be submitted showing elimination of such
deviations.
JB
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Tentative Map for a proposed 57-lot single-family residential subdivision,
comprised of 57 residential lots and five common lots on 11.86-acres undeveloped site located
on the north side of Dorrell Lane, approximately 425 feet west of Decatur Boulevard, within a R1 (Single Family Residential) zoning district.
In addition, the applicant has also requested a Waiver of Title 19.02 and Variance of Title 19.04
Complete Street development standards to allow no amenity zone where such is required along
Dorrell Lane and Donald Road, to allow a 154-foot external intersection offset where 220 feet is
the minimum distance separation required and to allow no streetlights along the proposed interior
private streets where such are required. No unique or extraordinary evidence has been presented
to warrant the requested Waiver and Variance. As such, the hardship is self-imposed and;
therefore, staff recommends denial of all associated applications with this project.
ISSUES
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a request for a Rezoning (ZON-2312) from R-E
(Residence Estates) to R-PD3 (Residential Planned Development - 3 Units
Per Acre) on 3.36 acres adjacent to the north side of Dorrelll Lane,
approximately 1,040 feet west of Decatur Boulevard. The Planning
Commission and staff recommended approval.
07/16/03
The City Council approved a request for a Site Development Plan Review
(SDR-2313) for a proposed 10-lot Single Family Development on 3.36 acres
adjacent to the north side of Dorrell Lane, approximately 1,040 feet west of
Decatur Boulevard. The Planning Commission and staff recommended
approval.
JB
JB
JB
Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss the submittal
02/23/16
requirements for a Waiver, Variance and Tentative Map applications; for a
proposed 57-lot residential subdivision.
Neighborhood Meeting
A neighborhood meeting is not required for this type of request nor was one held.
Field Check
03/03/16
During a routine site inspection staff observed that the subject site was an
undeveloped parcel of land with high weeds and shrubs. Also, there were
existing concrete building pads remaining from structures that were
previously located on the site.
Surrounding
Property
Planned or Special
Land Use Designation
L (Low Density
Residential)
Subject Property
Undeveloped
North
Single-Family
Residential
ML (Medium Low
Density Residential)
Single-Family
Residential
Undeveloped /
Single-Family
Residential
ML (Medium Low
Density Residential)
ML (Medium Low
Density Residential)
Single-Family
Residential
ML (Medium Low
Density Residential)
R-PD6 (Residential
Planned Development 6
Units per Acre)
Single-Family
Residential
Single-Family
Residential
ML (Medium Low
Density Residential)
ML (Medium Low
Density Residential)
South
East
West
JB
Compliance
N/A
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Pursuant to Title 19.06.070 development standards, the following standards apply:
Existing Zoning
Permitted Density
Units Allowed
Units Provided
R-1 (Single Family
5.49 du/ac
65
57
Residential)
Standard
Min. Setbacks:
Front
Side
Rear
Corner
Maximum Height
Street Name
Required/Allowed
Provided
Compliance
20 Feet
5 Feet
15 Feet
15 Feet
35 Feet
20 Feet
5 Feet
15 Feet
15 Feet
N/A
Y
Y
Y
Y
N/A
Functional
Classification of
Street(s)
Governing Document
Minor Collector
Actual
Street Width
(Feet)
Compliance
with Street
Section
60
N*
60
N*
JB
19.04.040 Connectivity
Transportation Network Element
Internal Street
Intersection Internal
Cul-de-sac Terminus
Intersection External Street or Stub Terminus
Intersection Stub Terminus w/ Temporary Turn Around
Easements
Non-Vehicular Path - Unrestricted
Total
Required
Connectivity Ratio (Links / Nodes):
1.30
# Links
4
# Nodes
3
0
0
0
0
4
3
Provided
1.33
JB
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Single-Family
2 spaces
57 du
114
Detached
per du
114
114
Y
TOTAL SPACES REQUIRED
114
0
114
0
Y
Regular and Handicap Spaces Required
ANALYSIS
The applicant has proposed to develop the subject site into a 57-lot single-family residential
subdivision located on the north side of Dorrell Lane, approximately 425 feet west of Decatur
Boulevard, within an R-1 (Single Family Residential) zoning district. The subject site is 11.86acres and is currently undeveloped.
In addition, the applicant has also requested a Waiver (WVR-63579) of Title 19.02 and Variance
(VAR-63577) of Title 19.04 Complete Street development standards; to allow no amenity zone
where such is required along Dorrell Lane and Donald Road, to allow a 154-foot external
intersection offset where 220 feet is the minimum distance separation required and to allow no
streetlights along the proposed interior private streets where such are required.
The existing General Plan land use designation L (Low Density Residential) has an allowable
density of 5.49 dwelling units per gross acre, which is compatible with the 57 dwellings which
are proposed. The proposed lots range in size from 6,538 square feet to 14,139 square feet and
exceed the 60-foot minimum lot width required by code. Site access is proposed from Cinder
Horse Street, Amber Robin Street and Shady Palms Street by way of 47-foot private streets that
will serve this site. The applicant has indicated on the submitted plan that six-foot perimeter
screening walls and interior screening walls will be provided between the proposed lots and
surrounding the site, which will be designed in accordance with Title 19.06.060 development
standards. The submitted north/south and east/west cross section depicts maximum natural grade
less than 2% across this site. Per the Tables in Subdivision Code 19.06.050 a development with
natural slope less than 2%, is allowed a maximum 4-foot retaining wall. No retaining walls are
shown in the cross sections.
The Clark County School District was provided an opportunity to comment on the proposed
development. However, no comments were received that indicated either a favorable or
unfavorable review of the proposed residential project.
JB
The City is currently working on building complete streets throughout the City. No unique or
extraordinary evidence has been presented to warrant the requested Waiver and Variance. As
such, the hardship is self-imposed and; therefore, staff recommends denial of all associated
applications with this project.
FINDINGS (VAR-63577)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City Council,
in considering the merits of a Variance request, shall not grant a Variance in order to:
1.
2.
3.
FINDINGS (WVR-63579)
No substantial evidence has been presented to warrant the requested Waiver of Title 19.02 to
allow no streetlights along the proposed interior private streets and to allow a 154-foot external
intersection offset where 220 feet is the minimum distance separation allowed, staff recommends
denial of the request with conditions.
JB
FINDINGS (TMP-63580)
The proposed Tentative Map conforms to Nevada Revised Statute, however the applicant has
requested a Waiver (WVR-63579) of Title 19.02 and Variance (VAR-63577) of Title 19.04
Complete Street development standards to allow no amenity zone where such is required along
Dorrell Lane and Donald Road, to allow a 154-foot external intersection offset where 220 feet is
the minimum distance separation required and to allow no streetlights along the proposed interior
private streets where such are required. Therefore, staff recommends denial with conditions.
24
NOTICES MAILED
APPROVALS
PROTESTS
JB
VAR-63577
VAR-63577
VAR-63577
VAR-63577
VAR-63577
VAR-63577
VAR-63577
Discussion
SUBJECT:
WVR-63579 - WAIVER RELATED TO VAR-63577 - PUBLIC HEARING - APPLICANT: DR
HORTON - OWNER: LEXINGTON PARTNERS LLC, ET AL - For possible action on a
request for a Waiver TO ALLOW A 154-FOOT EXTERNAL INTERSECTION OFFSET
WHERE 220 FEET IS THE MINIMUM DISTANCE SEPARATION REQUIRED AND TO
ALLOW NO INTERIOR STREETLIGHTS WHERE SUCH ARE REQUIRED FOR A
PROPOSED RESIDENTIAL SUBDIVISION on 11.86 acres adjacent to the north side of
Dorrell Lane, approximately 425 feet west of Decatur Boulevard (APNs Multiple), R-1 (Single
Family Residential) Zone, Ward 6 (Ross) [PRJ-63479]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 5/18/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
WVR-63579
WVR-63579
WVR-63579
WVR-63579
WVR-63579
WVR-63579
WVR-63579
Discussion
SUBJECT:
TMP-63580 - TENTATIVE MAP RELATED TO VAR-63577 AND WVR-63579 - DECATUR
& DONALD I - PUBLIC HEARING - APPLICANT: DR HORTON - OWNER: LEXINGTON
PARTNERS LLC, ET AL - For possible action on a request for a Tentative Map FOR A 57-LOT
SINGLE FAMILY RESIDENTIAL SUBDIVISION on 11.86 acres adjacent to the north side of
Dorrell Lane, approximately 425 feet west of Decatur Boulevard (APNs Multiple), R-1 (Single
Family Residential) Zone, Ward 6 (Ross) [PRJ-63479]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 5/18/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
3. Protest Postcard
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP-63580
TMP 63580
DR Horton
9.57
SINGLE FAMILY DETACHED [DWELL]
PM Peak Hour
57
0.75
1.01
545
43
58
18,067
1,445
Elkhorn Road
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)
7,077
566
This project will add approximately 545 trips per day on Donald Rd., Dorrell Ln., Decatur Blvd. and Elkhorn Rd. Decatur is
currently at about 52 percent of capacity and Elkhorn is at about 21 percent of capacity. After this project, Decatur is
expected to be at about 54 percent of capacity and Elkhorn to be at about 22 percent of capacity. Counts are not available
in this area for Donald or Dorrell, but they are believed to be under capacity.
Based on Peak Hour use, this development will add into the area roughly 58 additional cars, or about one every minute.
Note that this report assumes all traffic from this development uses all named streets.
Discussion
SUBJECT:
VAR-63587 - VARIANCE - PUBLIC HEARING - APPLICANT: DR HORTON - OWNER:
PRECEDENT PROPERTIES, LLC - For possible action on a request for a Variance TO
ALLOW A CONNECTIVITY RATIO OF 1.0 WHERE 1.3 IS REQUIRED AND TO ALLOW
NO AMENITY ZONE WHERE SUCH IS REQUIRED FOR A PROPOSED RESIDENTIAL
SUBDIVISION on 2.10 acres at the southeast corner of Dorrell Lane and Unicorn Street (APN
125-24-602-001), R-1 (Single Family Residential) Zone, Ward 6 (Ross) [PRJ-63483]. Staff
recommends DENIAL.
MAY GO TO CITY COUNCIL ON 5/18/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - VAR-63587, WVR-63588 and TMP-63589 [PRJ-63483]
2. Conditions and Staff Report - VAR-63587, WVR-63588 and TMP-63589 [PRJ-63483]
3. Supporting Documentation - VAR-63587, WVR-63588 and TMP-63589 [PRJ-63483]
4. Photo(s) - VAR-63587, WVR-63588 and TMP-63589 [PRJ-63483]
5. Justification Letter - VAR-63587, WVR-63588 and TMP-63589 [PRJ-63483]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
VAR-63584
WVR-63585
TMP-63586
RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:
Staff recommends DENIAL, if approved subject to
conditions:
REQUIRED FOR
APPROVAL
VAR-63584
VAR-63584
WVR-63585
** CONDITIONS **
VAR-63587 CONDITIONS
Planning
1.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
2.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
3.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
4.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
JB
WVR-63588 CONDITIONS
Planning
1.
This approval shall be void two (2) years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
2.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
3.
A Waiver from of Title 19.02.240 to allow no street lighting along the proposed interior
private street where such is required is approved.
4.
A Waiver from of Title 19.02.140 to allow a 183-foot external intersection offset where
220 feet is the minimum distance separation required is approved.
5.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
6.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
TMP-63589 CONDITIONS
Planning
1.
2.
Approval of the Tentative Map shall be for no more than four (4) years. If a Final Map is
not recorded on all or a portion of the area embraced by the Tentative Map with four (4)
years of the approval of the Tentative Map, this action is void.
3.
Street names must be provided in accordance with the City of Las Vegas Street Naming
and Address Assignment Regulations, 2009 Edition.
4.
A fully operational fire protection system, including fire apparatus roads, fire hydrants and
water supply, shall be installed and shall be functioning prior to construction of any
combustible structures.
JB
5.
6.
All development is subject to the conditions of City Departments and State Subdivision
Statutes.
Public Works
7.
Dedicate an additional 5-feet of right-of-way for a total radius of 15-feet on the southeast
corner of Dorrell Lane and Unicorn Street on the Final Map for this site.
8.
Construct all half-street improvements on Dorrell Lane and Unicorn Street adjacent to 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 of this site.
9.
The private street for this site must be granted as a Public Utility Easement, Public Sewer
Easement, and Public Drainage Easement with private surface maintenance by the
Homeowners Association on the Final Map for this site.
10.
A working sanitary sewer connection shall be in place prior to final inspection of any units
within this development. Full permanent improvements on all major access streets,
including all required landscaped areas between the perimeter wall and adjacent public
street, shall be constructed and accepted by the City prior to issuance of any building
permits beyond 50% of all units within this development. All off-site improvements
adjacent to this site, including all required landscaped areas between the perimeter walls
and adjacent public streets, shall be constructed and accepted prior to issuance of building
permits beyond 75%. The above thresholds notwithstanding, all required improvements
shall be constructed in accordance with Title19.02.130.D.
JB
11.
All landscaping and private improvements installed with this project shall be situated and
maintained so as to not create sight visibility obstructions for vehicular traffic at all
development access drives and abutting street intersections.
12.
A Drainage Plan and Technical Drainage Study must be submitted to and approved by the
Department of Public Works prior to the issuance of any building or grading permits or
submittal of any construction drawings, whichever may occur first. Provide and improve
all drainageways recommended in the approved drainage plan/study. The developer of this
site shall be responsible to construct such neighborhood or local drainage facility
improvements as are recommended by the City of Las Vegas Neighborhood Drainage
Studies and approved Drainage Plan/Study concurrent with development of this site.
13.
As per Unified Development Code (UDC) 19.16.060.G, all requirements must be complied
with or such future compliance must be guaranteed by an approved performance security
method in accordance with UDC sections 19.02.130.C and 19.02.130.E.
14.
The approval of all Public Works related improvements shown on this Tentative Map is in
concept only. Specific design and construction details relating to size, type and/or
alignment of improvements, including but not limited to street, sewer and drainage
improvements, shall be resolved prior to approval of the construction plans by the City. No
deviations from adopted City Standards shall be allowed unless specific written approval
for such is received from the City Engineer prior to the recordation of a Final Map or the
approval of subdivision-related construction plans, whichever may occur first. Approval of
this Tentative Map does not constitute approval of any deviations. If such approval cannot
be obtained, a revised Tentative Map must be submitted showing elimination of such
deviations.
JB
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Tentative Map for a proposed eight-lot single-family residential
subdivision, comprised of eight residential lots and two common lots on a 2.10-acre undeveloped
site located on the southeast corner of Dorrell Lane and Unicorn Street, within a R-1 (Single
Family Residential) zoning district.
In addition, the applicant has also requested a Waiver of Title 19.02 and Variance of Title 19.04
Complete Street development standards; to allow a connectivity ratio of 1.0 where 1.3 is
required, to allow no amenity zone where such is required along Dorrell Lane and Unicorn
Street, to allow a 183-foot external intersection offset where 220 feet is the minimum distance
separation required and to allow no streetlights along the proposed interior private street where
such are required. No unique or extraordinary evidence has been presented to warrant the
requested Waiver and Variance. As such, the hardship is self-imposed and; therefore, staff
recommends denial of all associated applications with this project.
ISSUES
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Planning Commission denied a request for a Rezoning (ZON-4215) from
R-E (Residence Estates) to R-2 (Medium-Low Density Residential) adjacent
06/10/04
to the southeast corner of Dorrell Lane and Unicorn Street. Staff
recommended denial of the request.
The City Council approved a request for a Rezoning (ZON-4215) from R-E
(Residence Estates) to R-1 (Single Family Residential) adjacent to the
07/07/04
southeast corner of Dorrell Lane and Unicorn Street. The Planning
Commission and staff recommended denial of the request.
JB
JB
Pre-Application Meeting
A pre-application meeting was held with the applicant to discuss the submittal
02/23/16
requirements for a Waiver, Variance and Tentative Map applications; for a
proposed eight-lot residential subdivision.
Neighborhood Meeting
A neighborhood meeting is not required for this type of request nor was one held.
Field Check
03/03/16
During a routine site inspection staff observed that the subject site was an
undeveloped parcel of land with high weeds and shrubs.
Planned or Special
Land Use Designation
ML (Medium Low
Density Residential)
ML (Medium Low
Density Residential)
ML (Medium Low
Density Residential)
ML (Medium Low
Density Residential)
ML (Medium Low
Density Residential)
Compliance
N/A
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
JB
DEVELOPMENT STANDARDS
Pursuant to Title 19.06.070 development standards, the following standards apply:
Existing Zoning
Permitted Density
Units Allowed
Units Provided
R-1 (Single Family
8.49 du/ac
17
8
Residential)
Standard
Min. Setbacks:
Front
Side
Rear
Corner
Maximum Height
Street Name
Required/Allowed
Provided
Compliance
20 Feet
5 Feet
15 Feet
15 Feet
35 Feet
20 Feet
5 Feet
15 Feet
15 Feet
N/A
Y
Y
Y
Y
N/A
Functional
Classification of
Street(s)
Governing Document
Minor Collector
Actual
Street Width
(Feet)
Compliance
with Street
Section
60
N*
60
N*
19.04.040 Connectivity
Transportation Network Element
# Links
# Nodes
Internal Street
1
Intersection Internal
0
Cul-de-sac Terminus
1
Intersection External Street or Stub Terminus
0
Intersection Stub Terminus w/ Temporary Turn Around
0
Easements
Non-Vehicular Path - Unrestricted
0
Total
1
1
Required
Provided
Connectivity Ratio (Links / Nodes):
1.30
1.00*
*The applicant has requested a Variance (VAR-63587) to allow a connectivity ratio of 1.0 where
1.3 is required by Title 19.04.040 development standards.
JB
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Single-Family
2 spaces
8 du
16
Detached
per du
16
16
Y
TOTAL SPACES REQUIRED
16
0
16
0
Y
Regular and Handicap Spaces Required
ANALYSIS
The applicant has proposed to develop the subject site into a 10-lot single-family residential
subdivision located on the southeast corner of Dorrell Lane and Unicorn Street, within an R-1
(Single Family Residential) zoning district. The subject site is 2.10-acres and is currently
undeveloped.
In addition, the applicant has also requested a Waiver (WVR-63588) of Title 19.02 and Variance
(VAR-63587) of Title 19.04 Complete Street development standards; to allow a connectivity
ratio of 1.0 where 1.3 is required, to allow no amenity zone where such is required along Dorrell
JB
Lane and Unicorn Street, to allow a 183-foot external intersection offset where 220 feet is the
minimum distance separation required and to allow no streetlights along the proposed interior
private street where such are required.
The existing General Plan land use designation ML (Medium Low Density Residential) has an
allowable density of 8.49 dwelling units per gross acre, which is compatible with the eight
dwellings which are proposed. The proposed lots range in size from 8,268 square feet to 10,898
square feet and exceed the 60-foot minimum lot width required by code. Site access is proposed
from Cinder Crow Court by way of a 47-foot private street that will serve this site. The applicant
has indicated on the submitted plan that six-foot perimeter screening walls and interior screening
walls will be provided between the proposed lots and surrounding the site, which will be
designed in accordance with Title 19.06.060 development standards. The submitted north/south
and east/west cross section depicts maximum natural grade less than 2% across this site. Per the
Tables in Subdivision Code 19.06.050 a development with natural slope less than 2%, is allowed
a maximum 4-foot retaining wall. No retaining walls are shown in the cross sections.
The Clark County School District was provided an opportunity to comment on the proposed
development. However, no comments were received that indicated either a favorable or
unfavorable review of the proposed residential project.
The City is currently working on building complete streets throughout the City. No unique or
extraordinary evidence has been presented to warrant the requested Waiver and Variance. As
such, the hardship is self-imposed and; therefore, staff recommends denial of all associated
applications with this project.
FINDINGS (VAR-63587)
In accordance with the provisions of Title 19.16.140(B), Planning Commission and City Council,
in considering the merits of a Variance request, shall not grant a Variance in order to:
1.
2.
3.
JB
as to relieve the difficulties or hardship, if the relief may be granted without substantial
detriment to the public good, without substantial impairment of affected natural resources
and without substantially impairing the intent and purpose of any ordinance or
resolution.
No evidence of a unique or extraordinary circumstance has been presented, in that the applicant
has created a self-imposed hardship by proposing to not construct the required improvements
associated with the rights-of-way within the subject site. In view of the absence of any hardships
imposed by the sites physical characteristics, it is concluded that the applicants hardship is
preferential in nature, and it is thereby outside the realm of NRS Chapter 278 for granting of
Variances.
FINDINGS (WVR-63588)
No substantial evidence has been presented to warrant the requested Waiver of Title 19.02 to
allow no streetlights along the proposed interior private street and to allow a 187-foot external
intersection offset where 220 feet is the minimum distance separation allowed, staff recommends
denial of the request with conditions.
FINDINGS (TMP-63589)
The proposed Tentative Map conforms to Nevada Revised Statute, however the applicant has
requested a Waiver (WVR-63588) of Title 19.02 and Variance (VAR-63587) of Title 19.04
Complete Street development standards to allow a connectivity ratio of 1.0 where 1.3 is required,
to allow no amenity zone where such is required along Dorrell Lane and Unicorn Street, to allow
a 183-foot external intersection offset where 220 feet is the minimum distance separation
required and to allow no streetlights along the proposed interior private street where such are
required. Therefore, staff recommends denial with conditions.
23
NOTICES MAILED
APPROVALS
PROTESTS
0
JB
VAR-63587
VAR-63587
Discussion
SUBJECT:
WVR-63588 - WAIVER RELATED TO VAR-63587 - PUBLIC HEARING - APPLICANT: DR
HORTON - OWNER: PRECEDENT PROPERTIES, LLC - For possible action on a request for
a Waiver TO ALLOW A 183-FOOT EXTERNAL INTERSECTION OFFSET WHERE 220
FEET IS THE MINIMUM DISTANCE SEPARATION REQUIRED AND TO ALLOW NO
INTERIOR STREETLIGHTS WHERE SUCH ARE REQUIRED FOR A PROPOSED
RESIDENTIAL SUBDIVISION on 2.10 acres at the southeast corner of Dorrell Lane and
Unicorn Street (APN 125-24-602-001), R-1 (Single Family Residential) Zone, Ward 6 (Ross)
[PRJ-63483]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 5/18/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
WVR-63588
WVR-63588
Discussion
SUBJECT:
TMP-63589 - TENTATIVE MAP RELATED TO VAR-63587 AND WVR-63588 - DECATUR
& DONALD III - PUBLIC HEARING - APPLICANT: DR HORTON - OWNER:
PRECEDENT PROPERTIES, LLC - For possible action on a request for a Tentative Map FOR
AN EIGHT-LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION on 2.10 acres at the
southeast corner of Dorrell Lane and Unicorn Street (APN 125-24-602-001), R-1 (Single Family
Residential) Zone, Ward 6 (Ross) [PRJ-63483]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 5/18/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
TMP-63589
TMP-63589
TMP-63589
TMP-63589
TMP-63589
TMP-63589
TMP-63589
TMP-63589
TMP-63589
TMP-63589
TMP 63483
DR Horton
9.57
SINGLE FAMILY DETACHED [DWELL]
PM Peak Hour
0.75
1.01
77
6
8
5,438
435
2,719
218
This project will add approximately 77 trips per day on Dorrell Ln., Unicorn St., Bradley Rd. and Deer Springs Way.
Bradley is currently at about 33 percent of capacity and Deer Springs is at about 8 percent of capacity. After this project,
Bradley is expected to be at about 34 percent of capacity and Deer Springs unchanged. Counts are not available in this
area for Dorrell or Unicorn, but they are believed to be under capacity.
Based on Peak Hour use, this development will add into the area roughly 8 additional cars, or about two every fifteen
minutes.
Note that this report assumes all traffic from this development uses all named streets.
Discussion
SUBJECT:
WVR-63581 - WAIVER - PUBLIC HEARING - APPLICANT/OWNER: KB HOME
NEVADA, INC. - For possible action on a request for a Waiver TO ALLOW A 102-FOOT
INTERNAL INTERSECTION OFFSET WHERE 125 FEET IS REQUIRED on 18.02 acres at
the southeast corner of Grand Teton Drive and Egan Crest Drive (APN 126-13-501-022), PD
(Planned Development) Zone [M (Medium Density Residential) Cliff''s Edge Special Land Use
Designation], Ward 6 (Ross) [PRJ-63164]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 5/18/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - WVR-63581, WVR-63582 and TMP-63583 [PRJ-63164]
2. Conditions and Staff Report - WVR-63581, WVR-63582 and TMP-63583 [PRJ-63164]
3. Supporting Documentation - WVR-63581, WVR-63582 and TMP-63583 [PRJ-63164]
4. Photo(s) - WVR-63581, WVR-63582 and TMP-63583 [PRJ-63164]
5. Justification Letter - WVR-63581, WVR-63582 and TMP-63583 [PRJ-63164]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
WVR-63581
WVR-63582
TMP-63583
RECOMMENDATION
REQUIRED FOR
APPROVAL
VAR-63581
WVR-63582
** CONDITIONS **
WVR-63581 CONDITIONS
Planning
1.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
4.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
5.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
SS
WVR-63582 CONDITIONS
Planning
1.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
4.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
5.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
TMP-63583 CONDITIONS
Planning
1.
Approval of and conformance to the Conditions of Approval for a Waiver of Title 19.02
(WVR-63581) and a Waiver of the Cliffs Edge Design Guidelines (WVR-63582) shall be
required, if approved.
2.
Approval of the Tentative Map shall be for no more than four (4) years. If a Final Map is
not recorded on all or a portion of the area embraced by the Tentative Map with four (4)
years of the approval of the Tentative Map, this action is void.
3.
All development shall conform to the Cliffs Edge Development Agreement, Cliffs Edge
Master Development Plan and Design Guidelines and as approved by the Cliffs Edge
(Providence) Design Review Committee.
4.
Street names must be provided in accordance with the Citys Street Naming Regulations.
SS
A fully operational fire protection system, including fire apparatus roads, fire hydrants and
water supply, shall be installed and shall be functioning prior to construction of any
combustible structures.
6.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
7.
8.
All development is subject to the conditions of City Departments and State Subdivision
Statutes.
Public Works
9.
Correct all Americans with Disabilities Act (ADA) deficiencies on the sidewalks adjacent
to this site in accordance with code requirements of Title 13.56.040, if any, to the
satisfaction of the City Engineer concurrent with development of this site.
10.
The private streets for this site must be granted as Public Utility Easements, Public Sewer
Easements, and Public Drainage Easements with private surface maintenance by the
Homeowners Association.
11.
A working sanitary sewer connection shall be in place prior to final inspection of any units
within this development. Full permanent improvements on all major access streets,
including all required landscaped areas between the perimeter wall and adjacent public
street, shall be constructed and accepted by the City prior to issuance of any building
permits beyond 50% of all units within this development. All off-site improvements
adjacent to this site, including all required landscaped areas between the perimeter walls
and adjacent public streets, shall be constructed and accepted prior to issuance of building
permits beyond 75%. The above thresholds notwithstanding, all required improvements
shall be constructed in accordance with Title 19.02.130.D.
SS
12.
All landscaping and private improvements installed with this project shall be situated and
maintained so as to not create sight visibility obstructions for vehicular traffic at all
development access drives and abutting street intersections.
13.
Prior to the release of a Final Map for recordation on this site, the property owner must
contact the Special Improvement District Section of the Department of Public Works (702229-2136) and sign a notarized affidavit acknowledging and agreeing to a per lot
assessment of all lots that will be created through a Final Map for this site. The City shall
prepare an apportionment report following recordation of the Final Map and this
apportionment report must be signed by the property owner prior to the release of any
building permits for this site.
14.
A Drainage Plan and Technical Drainage Study must be submitted to and approved by the
Department of Public Works prior to the issuance of any building or grading permits or
submittal of any construction drawings, whichever may occur first. Provide and improve
all drainageways recommended in the approved drainage plan/study. The developer of this
site shall be responsible to construct such neighborhood or local drainage facility
improvements as are recommended by the City of Las Vegas Neighborhood Drainage
Studies and approved Drainage Plan/Study concurrent with development of this site.
15.
As per Unified Development Code (UDC) 19.16.060.G, all requirements must be complied
with or such future compliance must be guaranteed by an approved performance security
method in accordance with UDC sections 19.02.130.C and 19.02.130.E.
16.
The approval of all Public Works related improvements shown on this Tentative Map is in
concept only. Specific design and construction details relating to size, type and/or
alignment of improvements, including but not limited to street, sewer and drainage
improvements, shall be resolved prior to approval of the construction plans by the City. No
deviations from adopted City Standards shall be allowed unless specific written approval
for such is received from the City Engineer prior to the recordation of a Final Map or the
approval of subdivision-related construction plans, whichever may occur first. Approval of
this Tentative Map does not constitute approval of any deviations. If such approval cannot
be obtained, a revised Tentative Map must be submitted showing elimination of such
deviations.
SS
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting approval of a tentative map for a 158-lot single family detached
residential subdivision on the site, which is designated as Pod 103 of the Cliffs Edge
(Providence) Master Plan. The site has had a number of land use approvals that have expired;
however, approval of a new tentative map would expunge the last active entitlement (TMP7332). The site contains some existing curb cuts and improvements along the south side of
Grand Teton Drive, including a Multi-Use Non-Equestrian Trail. The proposed tentative map
was designed to accommodate these existing improvements. A Waiver of Title 19.02.140 will
be required to allow an internal intersection offset of approximately 100 feet where at least 125
feet is required. An additional waiver is needed to allow a reduction in common open space as
required by the Cliffs Edge Design Guidelines for properties with the M (Medium Density
Residential) special land use designation.
Open space is an integral part of the implementing the vision for development of the Providence
master planned area. Staff supports the requirements of the Cliffs Edge Master Development
Plan and Design Standards, and therefore recommends denial of the waiver of open space. As a
result, staff recommends denial of the associated intersection offset waiver and tentative map. If
denied, a new subdivision design in conformance with the Cliffs Edge Standards must be
submitted for review. If approved, the requests will be subject to conditions.
ISSUES
A Waiver of Title 19.02.140 is required to allow a 102-foot internal intersection offset where
125 feet is required. Public Works has no objection to this request; however, staff does not
support the related waiver of open space, and therefore cannot support this waiver or
accompanying tentative map.
A Waiver of the Cliffs Edge Design Guidelines is required to allow 5,823 square feet of
common open space where a minimum of 15,800 square feet is required.
The development is subject to standards of the M (Medium Density Residential) Special
Land Use Designation within the Cliffs Edge Master Development Plan and Design
Guidelines, including streetscaping, entryway design, product placement and design. Further
review will be necessary during plan check and civil improvement plan review.
SS
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved the Cliffs Edge Master Development Plan to
03/19/03
regulate development and the provision of infrastructure in the area around
the subject site. The Planning Commission and staff recommended approval.
03/17/04
The City Council adopted the Cliffs Edge Development Agreement.
The Planning Commission approved a Site Development Plan Review (SDR5309) for a proposed 224-unit residential condominium development on 20.96
11/04/04
acres at the southeast corner of Grand Teton Drive and Egan Crest Drive.
Staff recommended approval. The approval expired 11/04/06.
The Planning Commission approved a Tentative Map (TMP-5577) for a 224unit residential condominium subdivision on 20.96 acres at the southeast
12/16/04
corner of Grand Teton Drive and Egan Crest Drive. Staff recommended
approval. The approval expired 12/16/04.
The City Council approved a Waiver (WVR-7115) to allow a 165-foot private
drive where 150 feet is allowed and to allow a private street width of 35 feet
where 39 feet is required on 20.96 acres at the southeast corner of Grand
Teton Drive and Egan Crest Drive. The Planning Commission recommended
approval; staff recommended denial.
08/03/05
The City Council approved a Site Development Plan Review (SDR-6728) for
a proposed 323-lot single family attached residential development with a
waiver to allow a two-foot minimum setback from a private street to the
living area on 20.96 acres at the southeast corner of Grand Teton Drive and
Egan Crest Drive. The Planning Commission and staff recommended
approval.
The Planning Commission approved a Tentative Map (TMP-7332) for a 323lot single family attached residential subdivision on 20.96 acres at the
08/11/05
southeast corner of Grand Teton Drive and Egan Crest Drive. Staff
recommended approval.
A Final Map (FMP-10159) for a six-lot single family attached residential
05/01/06
subdivision on 1.20 acres on the south side of Grand Teton Drive,
approximately 900 feet east of Egan Crest Drive, was recorded.
A Final Map (FMP-16194) for a 109-lot single family attached residential
10/20/06
subdivision on 5.49 acres on the south side of Grand Teton Drive,
approximately 700 feet west of Hualapai Way, was recorded.
The City Council approved a Site Development Plan Review (SDR-21091)
for a proposed 492-unit multi-family residential development on 20.90 acres
07/11/07
at the southeast corner of Grand Teton Drive and Egan Crest Drive. The
Planning Commission and staff recommended approval. The approval
expired 08/21/14.
SS
SS
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
03/03/16
The site is vacant, but offsite improvements along Grand Teton Drive and
Egan Crest Drive are partially completed. Curb cuts for access to the
subdivision are existing. The multi-use transportation trail is complete.
Subject Property
Undeveloped
North
Undeveloped
South
Single Family,
Detached
East
Undeveloped
West
Single Family,
Detached
Planned or Special
Land Use Designation
M (Medium Density
Residential Cliffs
Edge)
TND (Traditional
Neighborhood
Development)
RSL (Residential Small
Lot Cliffs Edge)
PF (Public Facilities
Cliffs Edge)
L (Low Density
Residential Cliffs
Edge)
Compliance
N
Compliance
Y
Compliance
Y
N/A
N/A
N/A
SS
DEVELOPMENT STANDARDS
Pursuant to the Cliffs Edge Master Development Plan and Design Standards, the following
standards apply:
Standard
Provided
Compliance
Min. Lot Size
2,951 SF
N/A
Min. Lot Width
34 Feet
N/A
Development standards for residential projects within the M (Medium Density Residential)
Special Land Use Designation are contained in the Cliffs Edge Design Guidelines. As no
housing products were submitted for review (and none were required), conformance to these
standards will be determined at the time of permitting for the single family homes. The Cliffs
Edge Design Guidelines de-emphasize the visual presence of garages along the street and
emphasize the aesthetics of development along the edges of the development where impacts are
highest; therefore, the type of housing product as well as placement are important factors to be
considered. Parking was calculated using the most stringent requirement. The actual parking
requirement may be less depending on the number of bedrooms in each unit.
Open Space (Cliffs Edge Design Guidelines M Special Land Use Designation)
Required
Provided
Units
Ratio
Area
Ratio
Area
158
100 SF/unit
15,800 SF
36.8 SF/unit
5,823 SF
Street Name
Functional
Classification of
Street(s)
Primary Arterial
Major Collector
Governing Document
Master Plan of Streets
and Highways
Master Plan of Streets
and Highways
19.04.040 Connectivity
Transportation Network Element
Internal Street
Intersection Internal
Cul-de-sac Terminus
Intersection External Street or Stub Terminus
Compliance
N
Actual
Street Width
(Feet)
Compliance
with Street
Section
50
70-90
# Links
15
# Nodes
7
6
---
---
SS
19.04.040 Connectivity
Transportation Network Element
Intersection Stub Terminus w/ Temporary Turn Around
Easements
Non-Vehicular Path - Unrestricted
Total
Required
Connectivity Ratio (Links / Nodes):
N/A
# Links
# Nodes
---
---
1.5
16.5
13
Provided
1.27
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
Number of
HandiHandiRatio
Regular
Regular
Units
capped
capped
Single Family,
Detached
2 spaces
158 units
316
(3 or more
per unit
bedrooms)
Visitor
0.2 space
158 units
32
Parking
per unit
348
474
Y
TOTAL SPACES REQUIRED
348
0
474
0
Y
Regular and Handicap Spaces Required
Waivers
Requirement
LVMC 19.02.140: Intersections of
streets internal to a subdivision shall
be offset a minimum of 125 feet
(centerline to centerline)
Cliffs Edge DG: Common open
space shall be provided at the rate of
100 SF per unit with a minimum
width of 20 feet
15,800 SF open space required
Request
Staff Recommendation
Denial
Denial
SS
ANALYSIS
Development within this site is subject to the Cliffs Edge Development Agreement with the City
and the Providence Development Standards and Design Guidelines. The site is not subject to
Title 19 standards that were adopted after recordation of the Cliffs Edge Development
Agreement.
Single family detached lots in the proposed subdivision range in size from 2,951 square feet to
7,368 square feet, with the typical lot size being 3,500 square feet and the typical width being 35
feet. Access is provided from Grand Teton Drive only by way two non-gated entry streets.
Emergency access is provided from a cul-de-sac bulb to Egan Crest Drive through a 30-foot
wide public utility easement. Connectivity as prescribed in Title 19.04 is not required in
Providence. The connectivity score (links to nodes) for this subdivision is 1.27, which nearly
meets the Title 19.04 standard.
As residential land use designations are cumulative, developments with less density are allowed
in the higher density categories. This applies in this instance, as the M (Medium Density
Residential) Special Land Use Designation allows up to 25 dwelling units per acre even though
this development has a net density of 8.77 dwelling units per acre. However, the development
must also conform with the Cliffs Edge Master Development Plan and Design Guidelines
pertaining to the M (Medium Density Residential) District. According to the Cliffs Edge
Master Development Plan, product types in this land use category include, but are not limited to,
a higher density variety of multi-family units such as condominiums, townhomes and apartment
projects.
The developer of the pod is responsible for construction of internal open space areas. Miniparks are
required in each pod development. The Cliffs Edge Design Guidelines contain turf restrictions and
amenity requirements for these open space areas. As the proposed number of lots is 158, a total of
15,800 square feet of open space is required. The applicant has requested a Waiver of this standard,
claiming that the standards are designed for a much higher density product that would contain little
to no private yard space, whereas adequate open space is provided for each resident through this
development. This leaves common areas at the entrances, the main east-west street and pedestrian
connections to Grand Teton Drive as the only open space areas. These are typically narrow
landscape strips that cannot be used for recreation.
The intersections of the entry street (Lyons Street) and Dawn Street with Bernard Avenue as shown
on the tentative map are offset approximately 102 feet, which is an 18 percent deviation from the
Title 19.02 standard of 125 feet. However, traffic counts at these intersections are expected to be
low and conflicts would be minimal. The proposed alignment of the streets will allow the entrance
to the subdivision to align with the curb cut and driveway already constructed on the south side of
Grand Teton Drive. Staff has no objection to the requested waiver; however, as staff supports
implementation of the M (Medium Density Residential) Cliffs Edge standards for this property, it
recommends denial of the open space waiver, and therefore by association the intersection offset
waiver and tentative map.
SS
Community walls are located along Grand Teton Drive and Egan Crest Drive and will have a
proposed combined height of no taller than seven feet three inches as viewed from the street side of
the wall. The Department of Public Works notes that the north-south cross sections show a threefoot high maximum retaining wall on the south side of this site and a five-foot retaining wall along
the north side (Grand Teton Drive). All wall heights are governed by and in conformance with the
Cliffs Edge Design Guidelines. It is also noted that in the east-west cross section, several retaining
walls ranging in height from two feet to seven feet are indicated internal to the site. Additionally,
the Egan Crest Drive cross section shows existing landscaping where such does not currently exist.
All landscaping and private improvements installed with this project shall be situated and
maintained so as to not create sight visibility obstructions for vehicular traffic at all development
access drives and abutting street intersections.
FINDINGS (WVR-63581)
The Department of Public Works does not object to a 102-foot separation distance between
intersections interior to the site. However, staff does not support the related open space waiver,
and therefore by association does not support the requested intersection offset waiver or tentative
map.
FINDINGS (WVR-63582)
Open space is an integral part of the implementing the vision for development of the Providence
master planned area. Staff supports the requirements of the Cliffs Edge Master Development
Plan and Design Standards, and therefore recommends denial of the waiver of open space.
FINDINGS (TMP-63583)
The proposed map meets state requirements for tentative maps. The subdivision was designed to
accommodate the existing offsite improvements along Grand Teton Drive and Egan Crest Drive.
However, the M (Medium Density Residential) standards could be met with a different lot
configuration that integrates a centralized park and meets open space requirements. Staff
recommends denial of the associated open space waiver; therefore, by association, staff also
recommends denial of the tentative map.
NOTICES MAILED
37
SS
APPROVALS
PROTESTS
SS
WVR-63581
WVR-63581
Discussion
SUBJECT:
WVR-63582 - WAIVER RELATED TO WVR-63581 - PUBLIC HEARING APPLICANT/OWNER: KB HOME NEVADA, INC. - For possible action on a request for a
Waiver of the Cliff''s Edge Design Guidelines TO ALLOW 5,823 SQUARE FEET OF
COMMON OPEN SPACE WHERE 15,800 SQUARE FEET IS REQUIRED on 18.02 acres at
the southeast corner of Grand Teton Drive and Egan Crest Drive (APN 126-13-501-022), PD
(Planned Development) Zone [M (Medium Density Residential) Cliff''s Edge Special Land Use
Designation], Ward 6 (Ross) [PRJ-63164]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 5/18/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
WVR-63582
WVR-63582
Discussion
SUBJECT:
TMP-63583 - TENTATIVE MAP RELATED TO WVR-63581 AND WVR-63582 - OXFORD
COMMONS II - PUBLIC HEARING - APPLICANT/OWNER: KB HOME NEVADA, INC. For possible action on a request for a Tentative Map FOR A 158-LOT SINGLE FAMILY
RESIDENTIAL SUBDIVISION on 18.02 acres at the southeast corner of Grand Teton Drive
and Egan Crest Drive (APN 126-13-501-022), PD (Planned Development) Zone [M (Medium
Density Residential) Cliff''s Edge Special Land Use Designation], Ward 6 (Ross) [PRJ-63164].
Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 5/18/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
TMP-63583
TMP-63583
TMP-63583
TMP-63583
TMP-63583
TMP-63583
TMP-63583
TMP-63583
TMP 63583
KB Home Nevada, Inc.
9.57
SINGLE FAMILY DETACHED [DWELL]
PM Peak Hour
158
0.75
1.01
1,512
119
160
999
80
3,755
300
Hualapai Way
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)
11,924
954
This project will add approximately 1,512 trips per day on Grand Teton Dr., Egan Crest Dr. and Hualapai Way. Grand
Teton is currently at about 6 percent of capacity, Egan Crest is at about 11 percent of capacity and Hualapai is at about
35 percent of capacity. After this project, Grand Teton is expected to be at about 15 percent of capacity, Egan Crest at
about 15 percent of capacity and Hualapai at about 39 percent of capacity.
Based on Peak Hour use, this development will add into the area roughly 160 additional cars, or about five every two
minutes.
Note that this report assumes all traffic from this development uses all named streets.
Discussion
SUBJECT:
SUP-63594 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: OLYMPIA
COMPANIES, LLC - OWNER: MF LAND, LLC - For possible action on a request for a Special
Use Permit FOR A RETAIL ESTABLISHMENT WITH ACCESSORY PACKAGE LIQUOR
OFF-SALE WITHIN A PROPOSED 124,943 SQUARE-FOOT GENERAL RETAIL
ESTABLISHMENT at the northeast corner of Skye Park Drive and West Skye Canyon Park
Drive (APN 125-07-201-003), T-D (Traditional Development) Zone [BL (Blended Use) Skye
Canyon Land Use Designation], Ward 6 (Ross) [PRJ-63503]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 5/18/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps - SUP-63594, SUP-63597 and SDR-63598 [PRJ-63503]
2. Special Map
3. Conditions and Staff Report - SUP-63594, SUP-63597 and SDR-63598 [PRJ-63503]
4. Supporting Documentation - SUP-63594, SUP-63597 and SDR-63598 [PRJ-63503]
5. Photo(s) - SUP-63594, SUP-63597 and SDR-63598 [PRJ-63503]
6. Justification Letter - SUP-63594, SUP-63597 and SDR-63598 [PRJ-63503]
7. Support Postcard
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
RECOMMENDATION
SUP-63594
SUP-63597
SDR-63598
REQUIRED FOR
APPROVAL
** CONDITIONS **
SUP-63594 CONDITIONS
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Retail
Establishment with Accessory Package Liquor use.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
4.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit, as well as submitted as part of any business license application.
5.
Approval of this Special Use Permit does not constitute approval of a liquor license.
FS
6.
This business shall operate in conformance to Chapter 6.50 of the City of Las Vegas
Municipal Code.
7.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
SUP-63597 CONDITIONS
Planning
1.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
2.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
3.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit, as well as submitted as part of any business license application.
4.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
5.
This business shall operate in conformance to Chapter 6 of the City of Las Vegas
Municipal Code.
SDR-63598 CONDITIONS
Planning
1.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
FS
2.
All development shall be in conformance with the site plan and landscape plan date
stamped 03/22/16 and building elevation date stamped 02/25/16 except as amended by
conditions herein.
3.
An Exception from Title 19.08.110 is hereby approved to allow one-gallon shrubs within
parking lot landscape diamonds instead of required five-gallon shrubs.
4.
Along Skye Park Drive, which is classified as a Skye Canyon Minor Collector, a 17-foot
common lot consisting of 6 feet of landscaping, a six-foot sidewalk and five feet of
landscaping back of curb is required (Cross section Detail K 2nd DA amendment). Street
trees shall be spaced a minimum of 20 feet on center.
5.
Along West Skye Canyon Park Drive, which is classified as a Skye Canyon Arterial, a 32foot common lot consisting of 19 feet of landscaping, an 8-foot sidewalk and 5 feet of
landscaping back of curb is required (Cross section Detail A 2nd DA amendment). Street
trees shall be spaced a minimum of 20 feet on center.
6.
Along Grand Canyon Drive, which is classified as a Skye Canyon Major Collector, a 25foot common lot consisting of 12 feet of landscaping, an eight-foot sidewalk and five feet
of landscaping back of curb is required (Cross section Detail G1 2nd DA amendment).
Street trees shall be spaced a minimum of 20 feet on center.
7.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
8.
A Master Sign Plan shall be submitted for approval by the City of Las Vegas prior to the
issuance of a Certificate of Occupancy for any building on the site and prior to the issuance
of any sign permits.
9.
10.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
11.
FS
Additional parking lot landscaping islands are required for every six parking
spaces along the west side of the Anchor A building, adjacent to the east side of
the Anchor B building, on the west side of Retail D parking area, and along
the north perimeter of the site.
12.
A fully operational fire protection system, including fire apparatus roads, fire hydrants and
water supply, shall be installed and shall be functioning prior to construction of any
combustible structures.
13.
Prior to the submittal of a building permit application, the applicant shall meet with
Department of Planning staff to develop a comprehensive address plan for the subject site.
A copy of the approved address plan shall be submitted with any future building permit
applications related to the site.
14.
All City Code requirements and design standards of all City Departments must be satisfied,
except as modified herein.
Public Works
15.
Prior to the issuance of off-site construction permits, dedicate all rights-of-way adjacent to
this site in accordance with the Skye Canyon Village Development Agreement.
16.
Prior to the issuance of on-site building permits, the adjacent half street improvements with
appropriate overpaving for all public Village Streets must be constructed or guaranteed in
accordance with the Skye Canyon Village Development Agreement.
17.
Prior to the issuance of on-site building permits, construct or guarantee the public sewer in
the public rights-of-way adjacent to this site in accordance with the approved Skye Canyon
Wastewater Collection System Master Study.
18.
The proposed driveway locations and improvements on Grand Canyon Drive must meet the
approval of the City Traffic Engineer for proper traffic circulation with respect to the
driveways currently shown on the east side of Grand Canyon Drive as per the approved site
plan for SDR-60370. Comply with the recommendations of the City Traffic Engineer.
19.
Egress movements for driveways on West Skye Canyon Park Drive shall be restricted to
right turns only. The Developer shall modify the existing median opening appropriately
concurrent with on-site development activities.
FS
20.
Coordinate the construction of an S median on West Skye Canyon Park Drive to restrict
left out turn movements from Skye Park Drive. This median shall be installed concurrent
the development of this site. Alternatively, the developer may elect to mitigate the
intersection by constructing at the developers sole expense a traffic signal. If the traffic
signal option is selected, the developer must submit and obtain approval of a separate
improvement plan set for this signal that includes the associated right-of-way dedications.
Additionally, a bond for the construction of the signal must be posted and the signal must
be constructed within 1 year of written notice from the City Traffic Engineer.
21.
All landscaping and private improvements installed with this project shall be situated and
maintained so as to not create sight visibility obstructions for vehicular traffic at all
development access drives and abutting street intersections.
22.
An update to the previously approved Master Traffic Impact Analysis must be submitted to
and approved by the Department of Public Works prior to the issuance of any building or
grading permits or the submittal of any construction drawings, whichever may occur first.
Comply with the recommendations of the approved update to the Traffic Impact Analysis
prior to occupancy of the site. Phased compliance will be allowed if recommended by the
approved Traffic Impact Analysis. No recommendation of the approved Traffic Impact
Analysis, nor compliance therewith, shall be deemed to modify or eliminate any condition
of approval imposed by the Planning Commission or the City Council on the development
of this site.
23.
A Drainage Plan and Technical Drainage Study must be submitted to and approved by the
Department of Public Works prior to the issuance of any building or grading permits or
submittal of any construction drawings, whichever may occur first. Provide and improve
all drainageways recommended in the approved drainage plan/study. The developer of this
site shall be responsible to construct such neighborhood or local drainage facility
improvements as are recommended by the City of Las Vegas Neighborhood Drainage
Studies and approved Drainage Plan/Study concurrent with development of this site.
23.
Site development to comply with all applicable conditions of approval for The Skye
Canyon Tentative Map (TMP-53058), The Skye Canyon II Tentative Map (TMP-58560)
and all other applicable site-related actions.
FS
** STAFF REPORT **
PROJECT DESCRIPTION
The request is for a 264,445 square-foot phased shopping center at the northwest corner of Grand
Canyon Drive and West Skye Canyon Park Drive within the Skye Canyon Master Planned
Community. The initial phase will consist of a 124,943 square-foot Major anchor retail
building and companion fuel station, with associated parking, landscaping and off-site
improvements. Special Use Permits have been requested to allow a Retail Establishment with
Accessory Package Liquor and a Gaming Establishment, General Business Related for an
anticipated grocer that will occupy the proposed anchor building. The remainder of the pad sites,
including a possible 19,200 square-foot expansion to the Major retail building, will be
constructed in future phases as dictated by market conditions.
ISSUES
The subject site is governed by the Kyle Canyon Development Standards and the 2011
version of the Unified Development Code (UDC).
This project utilizes updated Blended Use District development standards approved by the
City Council on 03/16/16.
A Gaming Establishment, General Business Related Special Use Permit has been requested.
A Retail Establishment with Accessory Package Liquor Special Use Permit, which is listed
under the 2011 UDC, has been requested.
An exception to Title 19.08 has been requested to provide relief from parking lot landscaping
standards.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
12/01/04
The City Council approved a Resolution (R-176-2004) adopting guidelines for
development within the Kyle Canyon Gateway area
01/18/06
The City Council approved a request (GPA-9167) to amend a portion of the
Centennial Hills Sector Plan of the General Plan to change land use
designations from PCD (Planned Community Development), SC (Service
Commercial) and PF (Public Facilities) to TND (Traditional Neighborhood
Development) on 1,712 acres generally located north of Grand Teton Drive,
between Puli Road and Fort Apache Road. The Planning Commission and staff
recommended approval
FS
Pre-Application Meeting
During the pre-application meeting, the following issues were discussed:
02/27/16
General site plan items such as the need for setback and property line
dimensions.
The need for conformance to the Skye Canyon streetscape and Title
19 landscape standards
The need for SUPs for the gaming and liquor portion of the
application due to the static 2011 UDC being used with the
development standards.
The need for street dedications and encroachments for any
landscaping within the ROW.
The need for updates to the Skye Canyon master sewer and flood
studies.
Citys concurrence for the internal circulation and driveway locations.
Miscellaneous street discussion including medians, signal lights, etc.
Neighborhood Meeting
A neighborhood meeting is not required for this application type, nor was one held
Field Check
03/01/16
FS
Surrounding
Property
Subject Property
Undeveloped
North
Undeveloped
South
Undeveloped
East
Planned or Special
Land Use Designation
Kyle BLU (Blended
Land Use)
Kyle GED (Gaming)
Kyle L (Residential
Low)
Kyle ML-A (Residential
Medium Low
Attached)
T-D (Traditional
Development)
T-D (Traditional
Development)
T-D (Traditional
Development)
T-D (Traditional
Development)
Undeveloped
PCD (Planned
Community
Development)
Kyle ML (Residential
Medium Low)
West
Undeveloped
PD (Planned
Development)
T-D (Traditional
Development)
Compliance
Y
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
The subject site is zoned T-D (Traditional Development) and is located within the Skye Canyon
Master Plan area. The subject site is in substantial compliance with the provisions of the Skye
Canyon Master Plan and the T-D (Traditional Development) zoning district.
FS
DEVELOPMENT STANDARDS
Pursuant to the Kyle Blended Use development standards, the following standards apply:
Standard
Required/Allowed
Provided
Compliance
Min. Setbacks
Front
15 Feet
38 Feet
Y
Side
0 Feet
45 Feet
Y
Corner
0 Feet
38 Feet
Y
0 Feet
71 Feet
Y
Rear
Min. Distance Between Buildings
0 or 10 Feet
>10 Feet
Y
Max. Lot Coverage
75 %
20 %
Y
40 Feet
Max. Building Height
5 Stories or 60 Feet
max
Y
Screened,
Gated, w/
Trash Enclosure
Y
Screened, Gated, w/ a Roof or
a Roof or Trellis
Trellis
Mech. Equipment
Screened
Screened
Y
The subject site meets or exceeds the Kyle Blended Use development standards.
Pursuant to Title 19.08 and the Kyle Blended Use development standards, the following
standards apply:
Landscaping and Open Space Standards
Required
Provided
Compliance
Standards
Ratio
Trees
Buffer Trees:
1 24 box tree per 30 ft.
23
43 Trees
Y
North
23 Trees
TOTAL PERIMETER TREES
1 Tree / 6 Uncovered
Parking Area Trees
Spaces, plus 1 tree at the
133 Trees
end of each row of spaces
LANDSCAPE BUFFER WIDTHS
Min. Zone Width
North
0 Feet
South
15 Feet
East
15 Feet
15 Feet
West
Wall Height
6 to 8 Feet Adjacent to Residential
43 Trees
151 Trees
20 Feet
20 Feet
60 Feet
20 Feet
Not Indicated
Y
Y
Y
Y
N/A
FS
The subject site exceeds applicable perimeter landscape standards along the north property line.
The remainder of the site perimeter is governed by the Skye Canyon streetscape standards as all
of the streetscape landscaping is located within an on-site common lot.
The site exceeds the number of overall parking lot trees; however, there are locations that do not
have the required tree every six spaces. A condition of approval has been included to ensure that
landscape islands are installed every six spaces along the west side of the Anchor A building,
adjacent to the east side of the Anchor B building, on the west side of the Retail D parking
area, and along the north property line.
Street Name
Skye Park Drive
W. Skye Canyon
Park Drive
Functional
Classification of
Street(s)
Skye Canyon
Minor Collector
Governing Document
Skye Canyon
Development Standards
Manual
Skye Canyon
Arterial Street
Skye Canyon
Development Standards
Manual
Primary
Grand Canyon Drive Arterial/Skye
Canyon Major
Collector
Actual
Street Width
(Feet)
40 feet
Compliance
with Street
Section
Y
91 feet
65 feet
Pursuant to the Skye Canyon Development Standards, the following streetscape standards
apply:
Streetscape Standards
Required
Provided
Compliance
17-foot common lot
17-foot common lot
consisting of 6 feet of
consisting of 6 feet of
landscaping, an 6-foot
Sky Park Drive
landscaping, an 6-foot
Y
sidewalk and 5feet of
sidewalk and 5feet of
landscaping back of
landscaping back of curb
curb
32-foot common lot
32-foot common lot
consisting of 19 feet of
consisting of 19 feet of
landscaping, an 8-foot
W. Skye Canyon Park Drive
landscaping, an 8-foot
Y
sidewalk and 5feet of
sidewalk and 5feet of
landscaping back of
landscaping back of curb
curb
FS
Streetscape Standards
Required
Provided
25-foot common lot
25-foot common lot with
with 12 feet of
12 feet of landscaping, an
landscaping, an 8-foot
8-foot sidewalk, and 5
sidewalk, and 5 feet of
feet of landscaping back
landscaping back of
of curb
curb
Compliance
The site and landscape plan depict the proper streetscape for the three street frontages and a
condition of approval has been included to ensure compliance with this requirement.
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
1 space
per 250
Shopping
264,445
sq. ft. of
1,058
Center
building
area
TOTAL SPACES REQUIRED
Regular and Handicap Spaces Required
Loading
Spaces
1,058
1,037
21
6
1,315
45
Y
Y
8
The Skye Canyon Development Standards defer to Title 19.08 and 19.12 for parking
requirements, and the subject site exceeds the minimum amount of required spaces.
Exceptions
Requirement
4 five-gallon shrubs per parking
lot landscape diamond
Request
4 one-gallon shrubs per
parking lot landscape
diamond as required
Staff Recommendation
Approval
An exception from Title 19.08.110 has been requested to allow four one-gallon shrubs instead of
four five-gallon shrubs within parking lot landscape islands. The exception is recommended as
the shade component of the parking lot landscaping has been provided and the size of the
proposed diamonds does not provide optimal growth parameters for both five-gallon shrubs and
a 24-inch box tree.
FS
ANALYSIS
The subject parcel is located within the Skye Canyon master planned community and is
designated as Kyle Blended Land Use (BLU), which was established to encourage the creation
of dynamic neighborhoods that allow for a mix of residential and non-residential uses on the
same site while emphasizing a strong pedestrian realm, strong connectivity, and public spaces
such as plazas and courtyards.
While the Blended Land Use category encourages a mix of uses within the same parcel or
building, the mixing of uses is not a requirement. The development standards specifically permit
property owners to develop a site within the Blended Land Use district with a single land use.
The types of uses that may be developed within the district include those compatible with the C1 (Limited Commercial), C-2 (General Commercial), P-O (Professional Office), and O (Office)
zoning districts. The proposed shopping center is consistent with a use that would typically be
found in a C-1 (Limited Commercial) zoning district.
In January of 2016, the Master Developer requested a modification to the Blended Use section of
the Skye Canyon development standards after a review of the existing market conditions in the
area. While a shopping center is a permitted use within the Blended Use district, some of the
required design standards in the Blended Use section did not allow for the flexibility needed by
the Master Developer to develop the parcel to the expected anchor tenants specifications. On
March 16, 2016, the City Council approved a major modification to the Blended Use design
standards to revise design language within the section.
The request is for a 264,445 square-foot phased shopping center at the northwest corner of Grand
Canyon Drive and West Skye Canyon Park Drive within the Skye Canyon Master Planned
Community. The initial phase includes a 124,943 square foot anchor Major retail building and
fueling station with associated parking, landscaping and offsite improvements. A future second
phase would possibly consist of a 19,200 square-foot building expansion and its construction
would be dependent on the existing market conditions. The expansion, if constructed, would
result in a total floor area of 144,143 square feet.
The site plan depicts 12 inline and standalone pad sites generally located along the perimeter of
the parcel. Two of the 12 retail buildings are currently labeled as anchor retail sites, while the
remainder are labeled as future retail. The perimeter landscaping and streetscape treatments
will be included with the first phase with the exception of the standalone future pad site at the
northwest portion of the property. The shopping center will be developed in phases as market
conditions dictate, and as additional pad sites are contemplated, the approval of a Site
Development Plan Review will be required for each.
Access is provided via two drives each from Skye Park Drive and West Skye Canyon Park
Drive, and three drives from Grand Canyon Drive. There will also be access from a private drive
FS
located near the northwestern portion of the site. There are 1,315 proposed parking spaces,
which exceeds the 1,058 spaces that are required by Title 19.12. The eight provided loading
spaces also exceed the minimum required by Title 19.12.
The site exceeds the number of overall parking lot trees; however, there are locations that do not
have the required landscape island with a tree every six spaces. A condition of approval has
been included to ensure that landscape islands are installed every six spaces along the west side
of the Anchor A building, adjacent to the east side of the Anchor B building, on the west
side of the Retail D parking area, and along the north property line.
The parking lot landscaping utilizes an alternative diamond island design, which is consistent
with the provisions of Title 19.08. While the landscape plan generally depicts landscape
diamond every six spaces as required, the required four 5-gallon shrubs per diamond is not
shown on the landscape plan. Instead, one gallon shrubs have been provided within some of the
landscape diamonds, and an exception to Title 19.08 has been requested to provide relief from
this requirement. The exception is recommended as the shade component of the parking lot
landscaping has been substantially provided and the size of the landscape diamonds do not
provide optimal growth parameters for both five-gallon shrubs and a 24-inch box tree.
The parking lot landscaping primary consists of 24-inch Pink Crepe Myrtles, Bradford Flowering
Pears and Chilean Mesquites. Ground cover within the landscape islands consists of five-gallon
Red Yuccas and one-gallon Pink Muhly and Prostrate Germanders.
The subject site is located on three different street frontages and is subject to various Skye
Canyon streetscape standards. As all the improvements are located within an on-site common lot
as opposed to right-of-way, the streetscape installation replaces any perimeter landscaping that
would normally be required. Along Skye Park Drive, which is classified as a Skye Canyon
Minor Collector, a 17-foot common lot consisting of six feet of landscaping, a six-foot sidewalk
and five feet of landscaping back of curb is required. The provided landscape plan depicts
primarily 24-inch box Pink Dawn Chitalpa and Japanese Blueberry Trees spaced alternatively
spaced 20 feet on center with various one and five-gallon shrubs used as ground cover along this
portion of the site.
Along West Skye Canyon Park Drive, which is classified as a Skye Canyon Arterial, a 32-foot
common lot consisting of 19 feet of landscaping, an eight-foot sidewalk and five feet of
landscaping back of curb is required. The provided landscape plan depicts primarily 24-inch box
Fan-Tex Ash and Japanese Blueberry Trees spaced alternatively spaced 20 feet on center with
various one and five-gallon shrubs used as ground cover along this portion of the site.
Along Grand Canyon Drive, which is classified as a Skye Canyon Major Collector, a 25-foot
common lot consisting of 12 feet of landscaping, an eight-foot sidewalk and five feet of
landscaping back of curb is required. The provided landscape plan depicts primarily 24-inch box
FS
Arizona Ash and Japanese Blueberry Trees spaced alternatively spaced 20 feet on center with
various one and five-gallon shrubs used as ground cover along this portion of the site.
The site plan depicts three landscaped plaza areas that create pedestrian environments and link
areas between the adjacent retail buildings. The two larger plaza areas are located at the
southeast and southwest corners of the site, while a smaller plaza is located near the northwest
portion of the site.
Building elevations were provided for the Major retail building and associated fuel station
only. The building elevations are generally consistent with the revised Blended Use District
standards. The provided building elevation depicts a 26-foot high building with a generally flat
roof. Above the two main entrances, a portion of the roof is pitched and rises to a height of 40
feet. The exterior consists of decorative split and smooth CMU block with architectural
embellishments such as stone veneer and painted steel canopies to add visual interest. The fuel
station elevations depict a fuel center kiosk and canopy that is designed to match the
characteristics of the primary building. Elevations for the remaining inline and pad retail sites
will be provided with future Site Development Plan Review applications.
Floorplans were provided for the Major retail building only and are typical for this type of
retail establishment. The floor plan depicts areas for food and product sales, back of house
storage, and customer service areas.
The applicant has requested a Special Use Permit for a Retail Establishment with Accessory
Package Liquor. As a part of the Kyle Canyon (Skye Canyon) development agreement, one of
the negotiated points was to utilize a 2011 static version of the Unified Development Code in
perpetuity. In February of 2016, the zoning code was amended (Ordinance #6505) to remove the
Retail Establishment with Accessory Package Liquor category and replace it with the Grocery
Store with Alcohol category, which is a Conditional Use. Within the 2011 code, the category to
allow for alcohol within a grocery store is the Retail Establishment with Accessory Package
Liquor, which requires a Special Use Permit application. The request for the Retail
Establishment with Accessory Package Liquor is recommended for approval as it meets all
Special Use Permit requirements outlined in the 2011 version of Title 19.12.
A second Special Use Permit has been requested for Gaming Establishment, General Business
Related, which is permitted within a building or structure which is primarily used for some
business other than gaming but in which restricted gaming is permitted pursuant to Title 6.
There are no additional requirements other than compliance with licensing requirements and
therefore staff recommends the approval of this Special Use Permit.
FINDINGS (SUP-63594)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
FS
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 proposed Retail Establishment with Accessory Package Liquor 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.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The proposed grocery store is physically suitable for the type and intensity of land use
proposed.
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 street facilities are adequate in size to meet the requirements of the proposed use.
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 approval of the SUP is not inconsistent with, or compromises the public health, safety,
and welfare or the overall objectives of the General Plan.
5.
The use meets all of the applicable conditions per Title 19.12.
The proposal meets all applicable conditions of Title 19.12
FINDINGS (SUP-63597)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
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 proposed Gaming Establishment, General Business Related 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.
FS
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The proposed grocery store is physically suitable for the type and intensity of land use
proposed.
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 street facilities are adequate in size to meet the requirements of the proposed use.
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 approval of the SUP is not inconsistent with or compromises the public health, safety,
and welfare or the overall objectives of the General Plan.
5.
The use meets all of the applicable conditions per Title 19.12.
The proposal meets all applicable conditions of Title 19.12
FINDINGS (SDR-63598)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E) the
Planning Commission and/or City Council must affirm the following:
1.
2.
The proposed development is consistent with the General Plan, this Title, the Design
Standards Manual, the Landscape, Wall and Buffer Standards, and other dulyadopted city plans, policies and standards;
With the requested exceptions, the development will be consistent with the General Plan,
the Skye Canyon Development Standards and applicable Title 19 requirements.
3.
FS
The site access and circulation does not negatively impact adjacent roadways or
neighborhood traffic.
4.
Building and landscape materials are appropriate for the area and for the City;
Building and landscape materials are appropriate for the area and the City, and are
generally consistent with the Blended Use category development standards.
5.
6.
Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
Appropriate measures have been taken to secure and protect the public health, safety
and general welfare.
31
NOTICES MAILED
555 - SUP63594
555 - SUP-63597 and SDR-63598
APPROVALS
1 - SUP63594
0 - SUP-63597 and SDR-63598
PROTESTS
0 - SUP63594
1 - SUP-63597 and SDR-63598
FS
SUP-63594
SUP-63594
SUP-63594
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SUP-63594 [PRJ-63503] - SPECIAL USE PERMIT RELATED TO SUP-63597 AND SDR-63598 APPLICANT: OLYMPIA COMPANIES, LLC - OWNER: MF LAND, LLC
NORTHEAST CORNER OF SKYE PARK DRIVE AND WEST SKYE CANYON PARK DRIVE
03/03/16
SUP-63594 [PRJ-63503] - SPECIAL USE PERMIT RELATED TO SUP-63597 AND SDR-63598 APPLICANT: OLYMPIA COMPANIES, LLC - OWNER: MF LAND, LLC
NORTHEAST CORNER OF SKYE PARK DRIVE AND WEST SKYE CANYON PARK DRIVE
03/03/16
Discussion
SUBJECT:
SUP-63597 - SPECIAL USE PERMIT RELATED TO SUP-63594 - PUBLIC HEARING APPLICANT: OLYMPIA COMPANIES, LLC - OWNER: MF LAND, LLC - For possible
action on a request for a Special Use Permit FOR A GAMING ESTABLISHMENT, GENERAL
BUSINESS RELATED WITHIN A PROPOSED 124,943 SQUARE-FOOT GENERAL
RETAIL ESTABLISHMENT at the northeast corner of Skye Park Drive and West Skye Canyon
Park Drive (APN 125-07-201-003), T-D (Traditional Development) Zone [BL (Blended Use)
Skye Canyon Land Use Designation], Ward 6 (Ross) [PRJ-63503]. Staff recommends
APPROVAL.
MAY GO TO CITY COUNCIL ON 5/18/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Special Map
3. Supporting Documentation
4. Protest Postcard - SUP-63597 and SDR-63598 [PRJ-63503]
SUP-63597
SUP-63597
SUP-63597
Discussion
SUBJECT:
SDR-63598 - SITE DEVELOPMENT PLAN REVIEW RELATED TO SUP-63594 AND SUP63597 - PUBLIC HEARING - APPLICANT: OLYMPIA COMPANIES, LLC - OWNER: MF
LAND, LLC - For possible action on a request for a Site Development Plan Review FOR A
PROPOSED 264,445 SQUARE-FOOT SHOPPING CENTER on 30 acres at the northeast
corner of Skye Park Drive and West Skye Canyon Park Drive (APN 125-07-201-003), T-D
(Traditional Development) Zone [BL (Blended Use) Skye Canyon Land Use Designation], Ward
6 (Ross) [PRJ-63503]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 5/18/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Consolidated Backup
2. Supporting Documentation
SDR-63598
SDR-63598
SDR-63598
SDR 63598
Olympia Companies, LLC
42.94
SHOPPING CENTER [1000 SF]
AM Peak Hour
241.545
PM Peak Hour
1.00
3.73
10,372
242
901
Second Use
127.15
AM Peak Hour
6.4
PM Peak Hour
11.52
11.15
814
74
71
Third Use
496.12
AM Peak Hour
5.7
PM Peak Hour
49.35
33.84
2,828
281
193
Fourth Use
Average Daily Traffic (ADT)
148.15
DRIVE-IN BANK [1000 SF]
AM Peak Hour
4.8
PM Peak Hour
12.35
25.82
711
59
124
Total
Average Daily Traffic (ADT)
42.94
SHOPPING CENTER [1000 SF]
AM Peak Hour
PM Peak Hour
1.00
3.73
5,980
478
258.445
14,725
656
1,289
This project will add approximately 14,725 trips per day on Grand Canyon Dr., Skye Park Dr. and Skye Canyon Park Dr.
Grand Canyon is currently at about 17 percent of capacity. After this project, it is expected to be at about 60 percent of
capacity. Counts are not available for Skye Park Dr. and Skye Canyon Park Dr., but they are believed to be under
capacity.
Based on Peak Hour use, this development will add into the area roughly 1,289 additional cars, or forty-three every two
minutes.
Note that this report assumes all traffic from this development uses all named streets.
Discussion
SUBJECT:
SUP-63514 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: SPROUTS
FARMERS MARKET - OWNER: HAGGEN PROPERTY SOUTH, LLC - For possible action
on a request for a Special Use Permit FOR A BEER/WINE/COOLER OFF-SALE
ESTABLISHMENT WITHIN A PROPOSED 34,833 SQUARE-FOOT GENERAL RETAIL
STORE, OTHER THAN LISTED AND A WAIVER TO ALLOW A ZERO-FOOT DISTANCE
SEPARATION FROM A CITY PARK WHERE 400 FEET IS REQUIRED at 7530 West Lake
Mead Boulevard, Suite #120 (APN 138-22-211-003), C-1 (Limited Commercial) Zone, Ward 4
(Anthony) [PRJ-63439]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 5/18/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcards
SUP-63514 [PRJ-63439]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-63514
RECOMMENDATION
Staff recommends APPROVAL, subject to conditions:
REQUIRED FOR
APPROVAL
N/A
** CONDITIONS **
SUP-63514 CONDITIONS
Planning
1.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
A Waiver from Title 19.12 is hereby approved, to allow a zero-foot distance separation
from a City Park where 400 feet is required.
4.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
5.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit, as well as submitted as part of any business license application.
6.
Approval of this Special Use Permit does not constitute approval of a liquor license.
7.
This business shall operate in conformance to Chapter 6.50 of the City of Las Vegas
Municipal Code.
8.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
RG
SUP-63514 [PRJ-63439]
Staff Report Page One
April 12, 2016 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is an application for a Special Use Permit for a proposed Beer/Wine/Cooler Off-Sale
Establishment use within a proposed 34,833 square-foot General Retail Store, Other than Listed
located at 7530 West Lake Mead Boulevard, Suite #120. The existing building is currently
undergoing a tenant improvement process. This application includes a waiver of the distance
separation from the City Park. The request is to allow a zero-foot distance separation where 400
feet is required. Staff recommends approval with conditions. If this request is denied, the sale of
alcoholic beverage will not be permitted on this site.
ISSUES
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The Planning Commission recommended approval of a request for
reclassification of property (Z-0030-96) located on the northeast corner of
03/28/96
Buffalo Drive and Lake Mead Boulevard, from: N-U (Non-Urban) to: C-1
(Limited Commercial). Staff recommended approval.
The City Council approved a request for reclassification of property (Z-003096) located on the northeast corner of Buffalo Drive and Lake Mead
04/17/96
Boulevard, from: N-U (Non-Urban) to: C-1 (Limited Commercial) proposed
use 144,441 Square Feet of Single Story Retail Shops. The Planning
Commission and Staff recommended approval.
The Planning Commission recommended approval of a request for a Special
Use Permit (U-0014-98) on property located on the northeast corner of Lake
Mead Boulevard and Buffalo Drive For a Liquor Establishment (Off-Premise
02/26/98
Consumption Package Liquor) in conjunction with an approved 56,525
square-foot Grocery Store (Vons), U (Undeveloped) Zone [SC (Service
Commercial) General Plan Designation] under Resolution of Intent to C-1
(Limited Commercial). Staff recommended approval.
RG
SUP-63514 [PRJ-63439]
Staff Report Page Two
April 12, 2016 - Planning Commission Meeting
Pre-Application Meeting
A pre-application meeting was conducted with the applicant and discussed the
02/18/16
application submittal and a waiver of the distance separation from a nearby
City Park.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
03/03/16
Staff conducted a field check at the subject building. The suite is currently
undergoing interior renovation.
RG
SUP-63514 [PRJ-63439]
Staff Report Page Three
April 12, 2016 - Planning Commission Meeting
Surrounding
Property
Subject Property
North
City Park
South
Shopping Center
East
City Park
West
Shopping Center
Planned or Special
Land Use Designation
SC (Service
Commercial)
M (Medium Density
Residential)
PR-OS
(Parks/Recreation/Open
Space)
PF (Public Facility)
SC (Service
Commercial)
PR-OS
(Parks/Recreation/Open
Space)
SC (Service
Commercial)
Compliance
N/A
Compliance
N/A
RG
SUP-63514 [PRJ-63439]
Staff Report Page Four
April 12, 2016 - Planning Commission Meeting
ANALYSIS
The site is an existing Shopping Center and is located within the Airport Overlay District. The
overlay will not affected by the proposed Beer/Wine/Cooler Off-Sale Establishment use.
Pursuant to Title 19.12, no additional parking required beyond that which is required for the
principal use on the site. The subject site is within the leasehold parcel within the Shopping
Center. The parcel contains a building designated as Major B under Site Development Plan
Review [Z-003-96 (1)] with 56,525 square-foot building that was previously used as a General
Retail Store, other than Listed. The building served as a single tenant (super market). The
building is currently vacant and undergoing tenant improvement process with a building permit
issued 03/08/16 related to the proposed use. The tenant improvement resulted in a multi-tenant
space, with the subject site will contain only 34,833 square-foot of retail space. The building is
situated in a parcel that shares the property line with the City Park (Bettye Wilson Soccer
Complex Park). The applicant has requested a waiver to allow a zero-foot distance separation
where 400 feet is required. Staff finds that the configuration of the shopping center provides
sufficient justification to warrant the waiver. Staff notes that the customer entrance to the store
is located on the south side of the building. A customer would have to go around the building to
access the park from the south. Additionally, there is a concrete drainage facility along the west
edge of the park which provides an adequate buffer between alcohol sales and the park.
The Beer/Wine/Cooler Off-Sale Establishment use is defined as An establishment whose
license to sell alcoholic beverages is limited to the sale of beer, wine and coolers to consumers
only and not for resale, in original sealed or corked containers, for consumption off the premises
where business is conducted, and is operated in connection with a grocery store, drug store,
convenience store, restaurant or general retail store. The proposed use meets the definition as
the proposed establishment will be coincided with a General Retail Store.
The Minimum Special Use Permit Requirements for this use include:
*1. Except as otherwise provided, no beer/wine/cooler off-sale establishment (hereinafter
establishment) shall be located within 400 feet of any church/house of worship, school,
individual care center licensed for more than 12 children, or City park.
The proposed use does not meet this requirement due to a zero-foot distance separation
from a City park, a waiver request is part of this application for a special use permit.
However, staff finds there is adequate buffering between the uses and recommends
approval.
*2. Except as otherwise provided in Requirement 3 below, the distances referred to in
Requirement 1 shall be determined with reference to the shortest distance between two
property lines, one being the property line of the proposed establishment which is closest
to the existing use to which the measurement pertains, and the other being the property
RG
SUP-63514 [PRJ-63439]
Staff Report Page Five
April 12, 2016 - Planning Commission Meeting
line of that existing use which is closest to the proposed establishment. The distance shall
be measured in a straight line without regard to intervening obstacles. For purposes of
measurement, the term property line refers to property lines of fee interest parcels and
does not include the property line of:
a. Any leasehold parcel; or
b. Any parcel which lacks access to a public street or has no area for on site parking and
which has been created so as to avoid the distance limitation described in Requirement 1.
The proposed use does not meet this requirement due to a zero-foot distance separation
from a City park, a waiver request is part of this application for a special use permit.
However, staff finds there is adequate buffering between the uses and recommends
approval.
*3. In the case of an establishment proposed to be located on a parcel of at least 80 acres
in size, the minimum distances referred to in Requirement 1 shall be measured in a
straight line:
a. From the nearest property line of the existing use to the nearest portion of the structure
in which the establishment will be located, without regard to intervening obstacles; or
b. In the case of a proposed establishment which will be located within a shopping center
or other multiple tenant structure, from the nearest property line of the existing use to the
nearest property line of a leasehold or occupancy parcel in which the establishment will
be located, without regard to intervening obstacles.
The requirement is not applicable because the shopping center is less than 80 acres in
size.
4. When considering a Special Use Permit application for an establishment which also
requires a waiver of the distance limitation in Requirement 1, the Planning Commission
shall take into consideration the distance policy and shall, as part of its recommendation
to the City Council, state whether the distance requirement should be waived and the
reasons in support of the decision.
The proposed use is located in a shopping center and the distance separation
measurement is based on the leasehold parcel. The General Retail Store contains 34,832
square-foot of retail space and will sell Beer and Wine within an area no greater than 10
percent of the retail space.
5. The minimum distance requirements in Requirement 1 do not apply to:
RG
SUP-63514 [PRJ-63439]
Staff Report Page Six
April 12, 2016 - Planning Commission Meeting
RG
SUP-63514 [PRJ-63439]
Staff Report Page Seven
April 12, 2016 - Planning Commission Meeting
The proposed use will be located within the existing Shopping Center. The proposed use will
utilize the 34,833 square-foot General Retail Store at 7530 West Lake Mead Boulevard, Suite
#120. The applicant requests a waiver of the distance separation to allow zero-foot distance
separation from the City park. The proposed use can be conducted in a manner that is
harmonious and compatible with existing surrounding uses as the property is situated within a
Shopping Center and the General Retail Store contains 34,833 square feet of retail space. There
is no direct access between the store and the park. Therefore, staff recommends approval with
conditions.
FINDINGS (SUP-63514)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
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 proposed Beer/Wine/Cooler Off-Sale Establishment is a use typically found in
Shopping Centers and can be conducted in a manner that is harmonious and compatible
with existing surrounding land uses
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The subject site is an existing Shopping Center and the proposed use is physically suitable
for this site.
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 Shopping Center can be accessed from Lake Mead Boulevard and Buffalo Drive both
Primary Arterial per the Master Streets and Highways, are adequate in size to meet the
requirements of the proposed use.
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 General Retail Store currently has a building permit for Tenant Improvement and will
subject to final inspection prior to securing a Certificate of Occupancy from Building and
Safety Department.
RG
SUP-63514 [PRJ-63439]
Staff Report Page Eight
April 12, 2016 - Planning Commission Meeting
5.
The use meets all of the applicable conditions per Title 19.12.
The proposed Beer/Wine/Cooler Off-Sale Establishment use meets all of the applicable
conditions with waivers of the distance separation. Staff finds that there is adequate
justification to support the waiver, as there is no direct access between the market and the
park.
NOTICES MAILED
1181
APPROVALS
PROTESTS
32
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SUP-63514 [PRJ-63439] - SPECIAL USE PERMIT - APPLICANT: SPROUTS FARMERS MARKET - OWNER:
HAGGEN PROPERTY SOUTH, LLC
7530 WEST LAKE MEAD BOULEVARD, SUITE #120
03/03/16
SUP-63514 [PRJ-63439] - SPECIAL USE PERMIT - APPLICANT: SPROUTS FARMERS MARKET - OWNER:
HAGGEN PROPERTY SOUTH, LLC
7530 WEST LAKE MEAD BOULEVARD, SUITE #120
03/03/16
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SUP-63514
Discussion
SUBJECT:
SUP-63555 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT: MARICARMEN
SORIA - OWNER: BONANZA SUNRISE, LLC - For possible action on a request for a Special
Use Permit FOR A 2,500 SQUARE-FOOT EXPANSION OF AN EXISTING 1,460 SQUAREFOOT RESTAURANT FOR A RESTAURANT WITH SERVICE BAR TO BE LOCATED 180
FEET FROM A CHILD CARE FACILITY WHERE 400 FEET IS THE MINIMUM
REQUIRED at 4800 East Bonanza Road, Suite #8 (APN 140-29-801-011), C-1 (Limited
Commercial) Zone, Ward 3 (Coffin) [PRJ-63554]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 5/18/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
SUP-63555 [PRJ-63554]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-63555
RECOMMENDATION
REQUIRED FOR
APPROVAL
** CONDITIONS **
SUP-63555 CONDITIONS
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Restaurant with
Service Bar use.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
A Waiver from Title 19.12 is hereby approved, to allow a 180-foot distance separation
from a Child Care Facility where 400 feet is the minimum required.
4.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
5.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit, as well as submitted as part of any business license application.
6.
Minors shall only be permitted in such areas wherein spirituous, malt or fermented liquors
or wines are served only in conjunction with regular meals and where dining tables or
booths are provided separate from the bar in conformance with Title 6.50.
NE
SUP-63555 [PRJ-63554]
Conditions Page Two
April 12, 2016 - Planning Commission Meeting
7.
Approval of this Special Use Permit does not constitute approval of a liquor license.
8.
This business shall operate in conformance to Chapter 6.50 of the City of Las Vegas
Municipal Code.
9.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
NE
SUP-63555 [PRJ-63554]
Staff Report Page One
April 12, 2016 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit for a Restaurant with Service Bar at 4800 East
Bonanza Road, Suite #8. Currently, the Restaurant is 1,460 square-feet with an active
Beer/Wine/Cooler On-Sale Establishment license. The applicant is expanding the restaurant by
2,500 square feet to the adjacent suite to the west, and is requesting the approval of a Special Use
Permit for a Restaurant with Service Bar Establishment for the entire 3,960 square-foot
establishment.
If denied, the applicant will continue operating with the current Beer/Wine/Cooler On-Sale
Establishment license; however, alcohol will not be able to be served in the newly expanded area
of the restaurant.
ISSUES
The subject site was unable to meet Condition Number 1 for a Restaurant with Service Bar in
the C-1 (Limited Commercial) zone, thus requiring an approved Special Use Permit to Waive
the distance separation requirement specified in Condition Number 1.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The City Council approved a request for Rezoning (Z-82-98) from R-E
01/11/99
(Residence Estates) to C-1 (Limited Commercial) on property located on the
north side of Bonanza Road approximately 800 feet east of Marion Drive.
The Planning Commission approved a request for a Site Development Plan
02/11/99
Review [Z-82-98(1)] for a 31,144 square-foot Commercial Center located on
the north side of Bonanza Road approximately 800 feet east of Marion Drive.
The City Council approved a request for a Special Use Permit (SUP-36564)
for a Beer/Wine/Cooler On-Sale Establishment at 4800 East Bonanza Road,
04/21/10
Suite 8. The Planning Commission recommended approval, staff
recommended denial.
Staff administratively approved a Required Review (RQR-48891) of an
08/08/13
approved Special Use Permit (SUP-36564) for a Beer/Wine/Cooler On-Sale
Establishment at 4800 East Bonanza Road, Suite 8.
NE
SUP-63555 [PRJ-63554]
Staff Report Page Two
April 12, 2016 - Planning Commission Meeting
Pre-Application Meeting
Staff conducted a pre-application meeting where the submittal requirements
02/25/16
for a Special Use Permit were discussed.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
NE
SUP-63555 [PRJ-63554]
Staff Report Page Three
April 12, 2016 - Planning Commission Meeting
Field Check
03/10/16
Surrounding
Property
Subject Property
Shopping Center
North
Detached Single
Family Residence
South
Mini-Storage
Facility
East
West
Planned or Special
Existing Zoning District
Land Use Designation
SC (Service
C-1 (Limited
Commercial)
Commercial)
R (Rural Density
R-E (Residence Estates)
Residential)
SC (Service
C-1 (Limited
Commercial)
Commercial)
M (Medium Density
R-3 (Medium Density
Residential)
Residential)
SC (Service
C-1 (Limited
Commercial)
Commercial)
PF (Public Facilities)
Compliance
N/A
Compliance
Y
Compliance
Y
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Street Name
Functional
Classification of
Street(s)
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Bonanza Road
Primary Arterial
100
NE
SUP-63555 [PRJ-63554]
Staff Report Page Four
April 12, 2016 - Planning Commission Meeting
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
*Commercial
*Per [Z31,144 SF
*168
Center
82-98(1)]
*168
*228
*Y
TOTAL SPACES REQUIRED
162
6
221
7
Y
Regular and Handicap Spaces Required
*Per Site Development Plan Review [Z-82-98(1)] the subject Commercial Center was required
to provide 168 parking spaces, and provided a total of 228.
Waivers
Requirement
Request
Any restaurant with service bar
must be more than 400 feet
To be located 180 feet
from any church/house of
from a Child Care
worship, school, individual care
Facility.
center licensed for more than 12
children, or City park.
Staff Recommendation
Approval
ANALYSIS
The applicant currently operates an existing 1,460 square-foot Restaurant with an ancillary
Beer/Wine/Cooler On-Sale Establishment license at 4800 East Bonanza Road, Suite #9. When
the adjacent 2,500 square-foot suite to the west (suite number eight) became available in August
2015, the applicant decided to expand her current restaurant. The applicant is requesting a
Special Use Permit for the entire 3,960 square-foot establishment for a Restaurant with Service
Bar. The Restaurant with Service Bar license will allow for the applicant to serve alcoholic
beverages in conjunction with a meal. Customers will not be able to purchase the alcoholic
beverages from a bar.
The existing restaurant is currently located in suite number nine, and is expanding to the west
into suite number eight. Once the expansion is complete, the primary entrance to the restaurant
will be through suite number eight. The applicant is aware the address on the restaurant and
alcohol license will need to be updated to reflect suite number eight.
The subject shopping center is approximately 180 feet from an existing Child Care Facility to the
east. Condition Number 1 of the Conditional Use Regulations for a Restaurant with Service Bar
requires the subject site to be located 400 feet from a protected use such as a Child Care Facility.
NE
SUP-63555 [PRJ-63554]
Staff Report Page Five
April 12, 2016 - Planning Commission Meeting
The applicant is requesting a Waiver from this distance separation requirement. In addition, on
September 8, 2015, the 5.54 acre parcel to the west of the subject site received approval from the
Planning Commission for a Site Development Plan Review (SDR-60350), entitling the site for a
Private School, Primary Use. The proposed Private School, Primary Use is approximately 200
feet away from the subject site, but since building permits have not been issued for the proposed
Private School, Primary Use, a distance separation Waiver is not required at this time.
The subject site is located in a 31,144 square-foot shopping center in the C-1 (Limited
Commercial) district. Located on the periphery of a residential neighborhood, the C-1 (Limited
Commercial) district is intended to provide most retail shopping and personal services to area
residents, including a Restaurant with Service Bar. Staff finds the proposed Restaurant with
Service Bar can be conducted in a harmonious and compatible manner with the existing and
future surrounding land uses and recommends approval of this request.
If this application is denied, the applicant will continue operating with the current
Beer/Wine/Cooler On-Sale Establishment license; however, alcohol will not be able to be served
in the newly expanded area of the restaurant.
Conditional Use Regulations:
The Restaurant with Service Bar use is defined by Title 19.12 as a bar wherein alcoholic
beverage drinks are prepared for service only at tables in a restaurant and for consumption only
in connection with a meal served on the premises, and where customers are not permitted to
purchase alcoholic beverage drinks directly from the bar or for off-premise consumption.
1. Any restaurant with service bar must be more than 400 feet from any church/house of
worship, school, individual care center licensed for more than 12 children, or City park.
The subject site is located 180 feet from a Child Care Facility requiring a Special Use
Permit to Waive the requirement. Staff is recommending approval of this Waiver request.
2. Except as otherwise provided in Regulation 3 below, the minimum distances referred to
in Regulation 1 shall be determined with reference to the shortest distance between two
property lines, one being the property line of the proposed line of the proposed restaurant
service bar which is closest to the existing use to which the measurement pertains, and
the other being the property line of that existing use which is closest to the proposed
restaurant service bar. The distance shall be measured in a straight line without regard to
intervening obstacles. For purposes of measurement, the term property line refers to
property lines of fee interest parcels and does not include the property line of:
a.
Any leasehold parcel; or
NE
SUP-63555 [PRJ-63554]
Staff Report Page Six
April 12, 2016 - Planning Commission Meeting
b.
Any parcel which lacks access to a public street or has no area for on-site
parking and which has been created so as to avoid the distance limitation
described in Regulation 1.
Condition Number 2 is the applicable measurement method used for the subject site.
3. In the case of a restaurant with service bar proposed to be located on a parcel of at least
80 acres in size, the minimum distances referred to in Regulation 1 shall be measured in a
straight line:
a.
From the nearest property line of the existing use to the nearest portion of
the structure in which the restaurant with service bar will be located,
without regard to intervening obstacles; or
b.
In the case of a proposed restaurant with service bar which will be located
within a shopping center or other multiple tenant structure, from the
nearest property line of a leasehold or occupancy parcel in which the
restaurant with service bar will be located, without regard to intervening
obstacles.
This condition is not applicable to the subject site.
4. The minimum distance requirement in Regulation 1 does not apply to a restaurant with
service bar which has a nonrestricted gaming license in connection with a hotel having
200 or more guest rooms on or before July 1, 1992, or in connection with a resort hotel
having in excess of 200 guest rooms after July 1, 1992.
This condition is not applicable to the subject site.
5. All businesses which sell alcoholic beverages shall conform to the provisions of LVMC
Chapter 6.50.
A condition of approval has been added to ensure compliance with LVMC Chapter 6.50.
FINDINGS (SUP-63555)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
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.
NE
SUP-63555 [PRJ-63554]
Staff Report Page Seven
April 12, 2016 - Planning Commission Meeting
The subject suite has been operating as a Restaurant with ancillary Beer/Wine/Cooler OnSale use since 2010. Staff finds the proposed Restaurant with Service Bar can be
conducted in a harmonious and compatible manner with the existing and future
surrounding land uses.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The subject site is a 31,144 square-foot shopping center located in the C-1 (Limited
Commercial) zoning district designed to accommodate a variety of neighborhood services
such as retail, personal services, and restaurants. The subject site is physically suitable for
a Restaurant with Service Bar.
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.
Site access is provided from Bonanza Road, a 100-foot Primary Arterial as designated in
the Master Plan of Streets and Highways. This street is sufficient in size to accommodate
the needs of the proposed Restaurant with Service Bar.
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.
Approval of this proposed Special Use Permit will not compromise the public health,
safety and general welfare of the public. The use will be subject to regular inspections and
is subject to licensing restrictions.
5.
The use meets all of the applicable conditions per Title 19.12.
The subject site does not meet Condition Number 1 set forth by Title 19.12 and requires an
approved Special Use Permit to Waive the required distance separation of 400 feet from a
Child Care facility, where only 180 feet is provided. Staff finds the subject site is suitable
for the proposed use and can be conducted in a harmonious and compatible manner with
the existing and future surrounding land uses.
598
APPROVALS
PROTESTS
19
NE
SUP-63555
SUP-63555
SUP-63555
SUP-63555
SUP-63555
SUP-63555
Discussion
SUBJECT:
SUP-63568 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/ OWNER: MEI
LING CHEN PAN - For possible action on a request for a Special Use Permit FOR A
PROPOSED SHORT-TERM RESIDENTIAL RENTAL USE WITH A WAIVER TO ALLOW
A 492-FOOT DISTANCE SEPARATION FROM A SIMILAR USE WHERE 660 FEET IS
REQUIRED at 2105 Bonnie Brae Avenue (APN 162-04-310-018), R-1 (Single Family
Residential) Zone, Ward 1 (Tarkanian) [PRJ-63524]. Staff recommends DENIAL.
MAY GO TO CITY COUNCIL ON 5/18/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest Postcard
SUP-63568 [PRJ-63524]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-63568
RECOMMENDATION
Staff recommends DENIAL, if approved subject to
conditions:
REQUIRED FOR
APPROVAL
N/A
** CONDITIONS **
SUP-63568 CONDITIONS
Planning
1.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
2.
A Waiver from Title 19.12 is hereby approved, to allow a 492-foot distance separation
from another Short-Term Residential Rental use.
3.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
4.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit, as well as submitted as part of any business license application.
5.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
RG
SUP-63568 [PRJ-63524]
Staff Report Page One
April 12, 2016 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit to allow a Short-Term Residential Rental use at 2105
Bonnie Brae Avenue. The applicant is requesting a waiver of distance separation to allow the
proposed use to be within 492 feet from a similar use through the Special Use Permit application.
Minimum Special Use Permit requirements specify 660-foot distance separation from similar
use; therefore, staff recommends denial. If this Special Use Permit is approved, it is subject to
conditions.
ISSUES
A Short-Term Residential Rental use is permitted in R-1 (Single Family Residential) zoning
district as Condition of Approval. Due to a similar use located within 660 feet of the subject
property, a request for a waiver can be through the approval of a Special Use Permit.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
There is no relevant history of City actions or entitlements for this property.
Most Recent Change of Ownership
06/30/15
A deed was recorded for a change in ownership.
Related Building Permits/Business Licenses
The existing single family dwelling at 2105 Bonnie Brae Avenue was
1955
constructed.
A business license (G63-08916) was applied for a General License review for
a Short-Term Residential Rental at 2105 Bonnie Brae Avenue. The Planning
11/30/15
Review on 12/7/15 and 2/2/16 were denied requiring a Special Use Permit
whereas a similar use is within 660 feet.
Pre-Application Meeting
A pre-application meeting was conducted with the applicant to discuss the
02/24/16
Special Use Permit submittal requirements and the waivers of the 660-foot
distance separation from another Short Term Residential Rental Use.
RG
SUP-63568 [PRJ-63524]
Staff Report Page Two
April 12, 2016 - Planning Commission Meeting
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
03/03/16
Staff conducted field check of the subject property and observed that the
property is well maintained.
Surrounding
Property
Subject Property
North
South
East
West
Planned or Special
Land Use Designation
L (Low Density
Residential)
L (Low Density
Residential)
L (Low Density
Residential)
L (Low Density
Residential)
L (Low Density
Residential)
Compliance
N/A
Compliance
N/A
ANALYSIS
The subject property contains a single family dwelling and the applicant is proposing a ShortTerm Residential Rental use at 2105 Bonnie Brae Avenue. The property is in the airport overlay
and the proposed use will not affect the overlay. Currently another Short-Term Residential
Rental use is located at 1509 Kirkland Avenue and it is 492 feet from the subject property.
Business License review was conducted on December 7, 2015 and the subsequent review on
February 2, 2016. Both reviews were denied based to the distance separation requirements not
RG
SUP-63568 [PRJ-63524]
Staff Report Page Three
April 12, 2016 - Planning Commission Meeting
being met. A waiver request through the special use permit application would allow the
proposed use be within 660 feet. If approved it will set precedents that would allow other ShortTerm Residential Rental use to proliferate and change the character of the neighborhood;
therefore, staff recommends denial.
The Short-Term Residential Rental use is defined as The commercial use, or the making
available for commercial use, of a residential dwelling unit for dwelling, lodging or sleeping
purposes, wherein any individual guest rents or occupies the unit for a period of less than 31
consecutive calendar days. This use does not include a Community Residence, Facility for
Transitional Living for Released Offenders, or any other facility with dwelling units that is
specifically defined in Chapter 19.18.
The proposed use meets the definition the applicant is proposing the use of the existing dwelling
for commercial use for dwelling, lodging or sleeping purposes. The guest will rent the unit for
less than 31 consecutive calendar days.
The Minimum Special Use Permit Requirements for this use include:
1. The operator must obtain a business license to operate the use.
If this Special Use Permit is approved, the applicant will be required to obtain a business
license.
2. The use must comply on an ongoing basis with all governmental licensing and regulatory
requirements, including the payment of applicable room taxes and licensing fees.
If a business license is issued for the Short-Term Residential Rental will be subject to
license renewal and annual compliance review to ensure that all regulatory requirements
are being met.
3. The use must comply with the Citys noise regulations as they apply to residential uses.
If this use violates the Citys noise regulations, neighbors or members of the public can
file a complaint to the Code Enforcement Division, which would result in a fine.
4. Vehicle parking associated with the use shall comply with applicable parking regulations,
and vehicles of guests and invitees shall not obstruct traffic or access to other properties
in the area.
RG
SUP-63568 [PRJ-63524]
Staff Report Page Four
April 12, 2016 - Planning Commission Meeting
If the parking regulations are violated or any traffic obstruction to other properties, the
public can either call the Las Vegas Metropolitan Police Department or the Business
License Division for non-compliance of business license requirements.
5. In addition to and independent of any enforcement authority or remedy described in this
Title, the failure to comply with a Minimum Special Use Permit Requirement or other
condition of approval associated with this use may be enforced as in the case of a
violation of Title 6 by means of a civil proceeding pursuant to LVMC 6.02.400 to
6.02.460, inclusive.
This application if approved will be subject to annual review for compliance of the
special use permit by the Department of Planning.
6. The use may not be located closer than 660 feet to any other Short-Term Residential
Rental use (measured from property line to property line).
The license review was denied on November 30, 2015, because that the subject property
is within 492 feet from another Short-Term Residential Rental use.
7. The maximum occupancy of the residential dwelling unit shall not exceed the limits
provided for in LVMC 6.75.090.
Business License will conduct compliance inspections once a business license is
approved for compliance review.
The proposed Short-Term Residential Rental use will not be compatible within the surrounding
uses due to the existing similar use that is currently license within 492 feet from the proposed
subject property. The minimum special use permit requirements specify that the distance to
similar uses shall be at 660 feet. Staff recommends denial, if this application is approved, it is
subject to conditions.
FINDINGS (SUP-63568)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
RG
SUP-63568 [PRJ-63524]
Staff Report Page Five
April 12, 2016 - 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 proposed land use cannot be conducted in a manner that is harmonious and
compatible with the existing surrounding land uses due to the waiver request of 492-foot
distance separation from similar uses. If approved it will set precedents that would allow
other Short-Term Residential Rental use to proliferate and change the character of the
neighborhood.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The subject is not physically suitable for the type and intensity of land use proposed due to
the similar uses within 492 feet.
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 facility can be accessed from Bonnie Brae Avenue, a local street.
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 approval of the Special Use Permit on this subject property will be subject to
condition of approval and business license approval and compliance.
5.
The use meets all of the applicable conditions per Title 19.12.
The proposed use does not meet all of the applicable conditions of Title 19.12. The use
may not be closer than 660 feet from any other Short-Term Residential Rental use. The
applicant is requesting a waiver to allow 492-foot distance separation.
204
APPROVALS
PROTESTS
25
RG
777bbAbb
SUP-63568
777bbAbb
SUP-63568
777bbAbb
SUP-63568
PRJ-63524
Application/Petition For:
SUP
ProjectAddress (Location):
Project Name
16204310018
Ward #:
Yes
Select
Gross Acres:
Lots/Units:
Additional Information:
Applicant First Name:
Mei Ling
Chen Pan
Applicant Address:
3255 El Camino Rd
Applicant City:
Las Vegas
Applicant State:
Nevada
Applicant Zip:
89146
Applicant Phone:
7025212220
Applicant Fax:
Applicant Email:
mchenvegas@hotmail.com
Miranda
Chen
Rep Address:
3255 El Camino Rd
Rep City:
Las Vegas
Rep State:
Nevada
Rep Zip:
89146
Rep Phone:
7025212220
Rep Fax:
Rep Email:
mchenvegas@hotmail.com
SUP-63568
3/2/2016 4:40:37 PM
Page 1 of 2
Yes
Yes
Owner(s)
ADDR1
ADDR2
CLVEPLAN Applicant
Company
Title
Owner
mchenvegas@hotmail.com
SUP-63568
3/2/2016 4:40:37 PM
Page 2 of 2
SUP-63568
SUP-63568
SUP-63568
SUP-63568
SUP-63568
SUP-63568 [PRJ-63524] - SPECIAL USE PERMIT - APPLICANT/ OWNER: MEI LING CHEN PAN
2105 BONNIE BRAE AVENUE
03/03/16
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SUP-63568
Discussion
SUBJECT:
SUP-63592 - SPECIAL USE PERMIT - PUBLIC HEARING - APPLICANT/OWNER:
CHETAK DEVELOPMENT CORPORATION - For possible action on a request for a Special
Use Permit FOR A PROPOSED 6,000 SQUARE-FOOT LIQUOR ESTABLISHMENT
(TAVERN) USE WITH A WAIVER TO ALLOW A ZERO-FOOT DISTANCE SEPARATION
FROM SIMILAR USES WHERE 1,500 FEET IS REQUIRED at 2210 Paradise Road (APNs
162-03-411-009 through 011), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-62588].
Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 5/18/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location, Aerial and Special Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Protest/Support Postcards
SUP-63592 [PRJ-62588]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SUP-63592
RECOMMENDATION
Staff recommends APPROVAL, subject to conditions:
REQUIRED FOR
APPROVAL
N/A
** CONDITIONS **
SUP-63592 CONDITIONS
Planning
1.
Conformance to all Minimum Requirements under LVMC Title 19.12 for a Liquor
Establishment (Tavern) use.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
A Waiver from Title 19.12 is hereby approved, to allow a zero-foot distance separation
where 1,500 feet from similar uses is required.
4.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
5.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit, as well as submitted as part of any business license application.
6.
Approval of this Special Use Permit does not constitute approval of a liquor license.
7.
This business shall operate in conformance to Chapter 6.50 of the City of Las Vegas
Municipal Code.
8.
All City Code requirements and design standards of all City departments must be satisfied,
except as modified herein.
RG
SUP-63592 [PRJ-62588]
Staff Report Page One
April 12, 2016 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This is a request for a Special Use Permit for proposed Liquor Establishment (Tavern) use within
an existing Shopping Center at 2210 Paradise Road. The proposed Tavern is 6,000 square feet in
size with seating for 248 people. The proposed Liquor Establishment (Tavern) use requires a
Waiver to allow a distance separation of zero feet from a similar use. Staff has determined that
the proposed use can be conducted in a compatible and harmonious manner within the existing
Shopping Center and surrounding land uses; therefore, staff recommends approval of this
application. If denied, the Liquor Establishment (Tavern) use will not be allowed at this
location.
ISSUES
The proposed Liquor Establishment (Tavern) use is permitted in the C-2 (General
Commercial) zoning district with the approval of a Special Use Permit.
The applicant is allowed to request a Waiver to allow a distance separation of zero feet from
a similar use, where 1,500 feet is required, because the subject site is located within the
Gaming Enterprise Overlay District.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The Board of City Commissioners approved a request for a Rezoning (Z0014-64) from R-4 (Apartment Residence) to C-1 (Limited Commercial) of
05/06/64
property generally located on the west side of Paradise Road between Sahara
Avenue and St. Louis Avenue. The Planning Commission recommended
approval of the request.
The Board of City Commissioners approved a Rezoning (Z-0020-77) request
form R-4 (Apartment Residence) to C-1 (Limited Commercial) of the
05/18/77
property generally located at the northwest corner of East Sahara Avenue
and Paradise Road. The Planning Commission recommended approval of the
request.
The City Council approved a request for a Plot Plan Review (Z-0020-77) for
a retail center with Restaurants on the property generally located at the
09/15/86
northwest corner of East Sahara Avenue and Paradise Road. The Planning
Commission recommended approval of the request.
RG
SUP-63592 [PRJ-62588]
Staff Report Page Two
April 12, 2016 - Planning Commission Meeting
RG
SUP-63592 [PRJ-62588]
Staff Report Page Three
April 12, 2016 - Planning Commission Meeting
Pre-Application Meeting
A pre-application meeting was conducted with the applicant and discussed the
submittal requirements for Special Use Permit. Discussed that the distance
12/14/15
separation is waivable due to the sites location within the Gaming Enterprise
Overlay area.
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
03/03/16
Staff conducted a field check at the subject property and the suite of the
proposed use to be located is well maintained.
RG
SUP-63592 [PRJ-62588]
Staff Report Page Four
April 12, 2016 - Planning Commission Meeting
Surrounding
Property
Subject Property
North
South
East
West
Planned or Special
Land Use Designation
Shopping Center
C (Commercial)
Multi-Family
Residential
Gaming
Establishment, NonRestricted
Restaurant
Office, Other than
Listed
Restaurant
Hotel, Motel or
Hotel Suites
C (Commercial)
CT (Commercial
Tourist) Clark County
C (Commercial)
C-1 (Limited
Commercial)
C (Commercial)
C-2 (General
Commercial)
Street Name
Functional
Classification of
Street(s)
Sahara Avenue
Paradise Road
Primary Arterial
Compliance
Y
Compliance
Y
Y
Compliance
N/A
Y
Y
Y
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
100
RG
SUP-63592 [PRJ-62588]
Staff Report Page Five
April 12, 2016 - Planning Commission Meeting
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
Shopping
34,130 SF
1:250
137
Center
137
140
Y
TOTAL SPACES REQUIRED
132
5
133
7
Y
Regular and Handicap Spaces Required
*Three handicapped parking spaces do not meet Title 19 requirements: however, they are
constructed per approved building plans, meet Federal Standards and are not proposed to be
altered.
ANALYSIS
The applicant is proposing to establish a 6,000 square-foot Liquor Establishment (Tavern) use at
2210 Paradise Road. The submitted floor plan indicates that this Tavern will provide seating for
248 people. The subject site is located in the Airport Overlay District and the proposed use will
not affect the overlay. However, the subject property is located within the Gaming Enterprise
Overlay District, within a C-2 (General Commercial) zoning district, which allows the Liquor
Establishment (Tavern) use with an approved Special Use Permit.
The subject site is located in a 2.43 acre Shopping Center which contains various retail shops and
restaurants. The Shopping Center provides shared access and parking throughout the subject
site. The proposed use conforms to all minimum parking requirements.
The subject property is located within 500 feet of City boundary; therefore, the request is deemed
a Project of Regional Significance. The required documents have been completed and
distributed to the appropriate agency; however, no comments were returned.
The Liquor Establishment (Tavern) use is defined as A facility which sells alcoholic beverages
for consumption on the premises where the same are sold and authorizes the sale, to consumers
only and not for resale, of alcoholic beverages in original sealed or corked containers, for
consumption off the premises where the same are sold.
Minimum Special Use Permit Requirements:
*1. Pursuant to its general authority to regulate the sale of alcoholic beverages, the City
Council declares that the public health, safety and general welfare of the City are best
promoted and protected by generally requiring both a minimum separation between liquor
RG
SUP-63592 [PRJ-62588]
Staff Report Page Six
April 12, 2016 - Planning Commission Meeting
SUP-63592 [PRJ-62588]
Staff Report Page Seven
April 12, 2016 - Planning Commission Meeting
C. All parking spaces required by this Subchapter 19.12.070 for the liquor
establishment (tavern) use will be located on the same parcel as the use; and
D. The owners of all parcels within the commercial subdivision, including the
owner of agreement, satisfactory to the City Attorney, that provides for perpetual,
reciprocal cross-access, ingress and egress throughout the commercial subdivision.
All applicable distance separations have been measured from property line to
property line without regard to intervening obstacles.
4. The distance separation requirement set forth in Requirement 1 does not apply to an
establishment which has a non-restricted gaming license in connection with a hotel having
200 or more guest rooms on or before July 1, 1992, or in connection with a resort hotel
having in excess of 200 guest rooms after July 1, 1992.
Not applicable, the subject site is not located within an existing hotel having 200 or more
guest rooms with non-restricted gaming licenses.
5. The distance separation requirement set forth in Requirement 1 may be waived in
accordance with the provisions of LVMC 19.12.050(C), but only in connection with a
proposed liquor establishment (tavern) that:
a. Will be located on a parcel within the C-V District, the Parkway Center District within
the Downtown Centennial Plan, the Gaming Enterprise Overlay District, or the
Downtown Casino Overlay District;
b. Will be located on a parcel or within a building that, pursuant to State law or City
ordinance, has been designated as an historic property, historic building, or landmark;
c. Will be located within a regional mall; or
d. Will be located within a mixed-use development
i. That has been approved by means of Special Use Permit pursuant to LVMC
Chapters 19.12 and 19.16;
ii. That has a minimum net site area of 15 acres; and
iii. Whose gross floor area of nonresidential space is a minimum of 250,000 square
feet; or
e. Will be separated from the existing use by a street or highway with a minimum rightof-way width of 100 feet.
The subject property is located within the Gaming Enterprise Overlay, which allows the
distance separation requirements listed in Condition #1 to be waived.
*6. The use shall conform to, and is subject to, the provisions of LVMC Chapters 6.40
and 6.50.
RG
SUP-63592 [PRJ-62588]
Staff Report Page Eight
April 12, 2016 - Planning Commission Meeting
The proposed use will subject to conformance review by business license annual
inspections.
According to the submitted floor plan, the proposed use meets the definition outlined
above. The proposed Liquor Establishment (Tavern) use requires a Waiver to allow a
distance separation of zero feet from similar use where 1,500 feet is required. The
proposed use can be conducted in a compatible and harmonious manner within the
Shopping Center; staff recommends approval of this application. If denied, the Liquor
Establishment (Tavern) will not be allowed to be conducted at this location.
FINDINGS (SUP-63592)
In order to approve a Special Use Permit application, per Title 19.16.110(L) the Planning
Commission and City Council must affirm the following:
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 property is located in Gaming Enterprise Overlay District and is located in an
existing 2.43 acre Shopping Center. The proposed use can be conducted in a harmonious
and compatible manner with the existing and future development within the surrounding
area.
2.
The subject site is physically suitable for the type and intensity of land use proposed.
The subject site is located within an existing 2.43 acre Shopping Center that is physically
suitable for the intensity of the proposed land 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.
Access to the site will be from Sahara Avenue and Paradise Road, both 100-foot Primary
Arterial, as classified by the Master Plan of 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.
Approval of this Special Use Permit will not compromise the public health safety and
general welfare of the public. The use will be subject to regular inspections and is subject
to licensing restrictions.
RG
SUP-63592 [PRJ-62588]
Staff Report Page Nine
April 12, 2016 - Planning Commission Meeting
5.
The use meets all of the applicable conditions per Title 19.12.
The proposed use meets all applicable conditions of approval for the Liquor Establishment
(Tavern) use per Title 19.12; with the exception of the requested Waiver to allow a zerofoot distance separation where 1,500 feet is required. The Planning Commission approved
Special Use Permit (SUP-63132) on the adjacent property located to the west of the
subject property. Staff supports the requested Waiver of the distance separation
requirements because the subject property is located within the Gaming Enterprise Overlay
District.
NOTICES MAILED
1027
APPROVALS
PROTESTS
18
RG
SUP-63592
PRJ-62588
Application/Petition For:
ProjectAddress (Location):
Project Name
PROPOSED TAVERN
Ward #:
Yes
Gross Acres:
Lots/Units:
Additional Information:
Applicant First Name:
Richard
Truesdell
Applicant Address:
Applicant City:
Applicant State:
Applicant Zip:
Applicant Phone:
(702) 383-3033
Applicant Fax:
(702) 383-8576
Applicant Email:
Karen@Cornerstonecre.com
Richard
Truesdell
Rep Address:
Rep City:
Rep State:
Rep Zip:
Rep Phone:
(702) 383-3033
Rep Fax:
(702) 383-8576
Rep Email:
Karen@Cornerstonecre.com
SUP-63592
3/2/2016 4:49:23 PM
Page 1 of 2
Yes
Yes
Owner(s)
ADDR1
ADDR2
CHETAK DEVELOPMENT
CORPORATION
CLVEPLAN Applicant
Company
Title
Richard Truesdell
Cornerstone Company
President
Karen@cornerstonecre.com
SUP-63592
3/2/2016 4:49:23 PM
Page 2 of 2
SUP-63592
SUP-63592
SUP-63592
SUP-63592
Discussion
SUBJECT:
SDR-63543 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING APPLICANT/OWNER: SUNRISE MOUNTAINVIEW HOSPITAL, INC. - For possible action
on a request for a Major Amendment to a previously approved Plot Plan Review [Z-006885(15)] FOR A PROPOSED 71,027 SQUARE-FOOT, 64-BED EXPANSION AND PARKING
LOT RECONFIGURATION TO AN EXISTING HOSPITAL on 38.06 acres at 3100 North
Tenaya Way (APN 138-15-510-005), C-PB (Planned Business Park) Zone, Ward 1 (Tarkanian)
[PRJ-63425]. Staff recommends APPROVAL.
MAY GO TO CITY COUNCIL ON 5/18/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
SDR-63543 [PRJ-63425]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
SDR-63543
RECOMMENDATION
REQUIRED FOR
APPROVAL
** CONDITIONS **
SDR-63543 CONDITIONS
Planning
1.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
All development shall be in conformance with the building elevations date stamped, site
plan, landscape plan, date stamped 03/15/16, except as amended by conditions herein.
4.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
5.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
6.
A fully operational fire protection system, including fire apparatus roads, fire hydrants and
water supply, shall be installed and shall be functioning prior to construction of any
combustible structures.
JB
SDR-63543 [PRJ-63425]
Conditions Page Two
April 12, 2016 - Planning Commission Meeting
7.
All City Code requirements and design standards of all City Departments must be satisfied,
except as modified herein.
Public Works
8.
An update to the previously approved Drainage Plan and Technical Drainage Study must
be submitted to and approved by the Department of Public Works prior to submittal of any
construction drawings or the issuance of any building or grading permits, whichever may
occur first. Provide and improve all drainageways recommended in the approved drainage
study update.
9.
Site development to comply with all applicable conditions of approval for Site
Development Plan Review Z-0068-85(15) and all other applicable site-related actions.
JB
SDR-63543 [PRJ-63425]
Staff Report Page One
April 12, 2016 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
This Site Development Plan Review request is for a proposed 71,027 square-foot expansion to
the south tower of an existing 343,380 square-foot Hospital. This development is located at 3100
North Tenaya Way on 38.06 acres within the Las Vegas Technology Center Phase I. Included
with this expansion is minor rearrangement of the parking lot area on the southern perimeter of
the existing hospital and an expansion to the existing Helipad that is used in conjunction with the
proposed Emergency Room and Intensive Care Unit. The proposed development is consistent in
appearance and massing with the existing Hospital and has mitigated the impact of the Helipad
use with a suitable location at the south end of the site. Staff recommends approval of the
requested Site Development Plan Review for the proposed addition. If denied, the proposed
expansion and Helipad use will not be allowed.
ISSUES
The 71,027 square-foot, three-story expansion will provide 64 additional beds on the 4th and
5th floor of the existing Hospital.
The applicant has received approval by the Las Vegas Technology Center Architectural
Review Committee for the proposed expansion to the existing Hospital facility.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc
The City Council approved a Rezoning to C-PB (Planned Business Park)
11/20/85
zoning for this site as part of a larger request (Z-0068-85). The Planning
Commission recommended approval.
The City Council approved a request for a Plot Plan and Building Elevation
Review [Z-68-85(13)] of a proposed six-story medical office building on
08/03/94
property located on the southeast corner of Cheyenne Avenue and Tenaya
Way.
The City Council approved a Plot Plan and Building Elevation Review [Z0068-85(15)] for a proposed hospital located on the southeast corner of
10/19/94
Tenaya Way and Cheyenne Avenue. The Planning Commission
recommended approval.
JB
SDR-63543 [PRJ-63425]
Staff Report Page Two
April 12, 2016 - Planning Commission Meeting
11/22/94
11/26/96
03/22/99
08/21/02
11/20/03
01/07/04
03/16/11
02/14/12
08/11/15
The Board of Zoning Adjustment denied a request for a Variance (V-015594) to allow a Heliport in conjunction with a proposed hospital located on the
southeast corner of Tenaya Way and Cheyenne Avenue, where such use is not
allowed.
The Board of Zoning Adjustment approved a request for a Variance (V-013896) to allow a second monument sign where only one sign is allowed per
street frontage at 3100 North Tenaya Way.
The City Council approved a request for a Site Development Plan Review [Z68-85(50)] for an 89,301 square foot expansion to an existing 198,615 square
foot Hospital on property located at 3100 North Tenaya Way. The Planning
Commission recommended approval.
The City Council approved a Site Development Plan Review [Z-0068-85(64)]
for a Parking Lot Addition and a reduction in the amount of perimeter and
parking lot landscaping for the existing hospital. The Planning Commission
recommended approval.
The Planning & Development Department approved a request for a Minor
Site Development Plan Review (SDR-3200) to add a 5th floor with 36 beds to
an existing Hospital on 28.1 acres at 3100 North Tenaya Way.
The City Council approved a request for a Site Development Plan Review
(SDR-3273) for a proposed 220,000 square-foot, four-story Parking Structure
at 3100 North Tenaya Way.
The City Council approved a request for a Site Development Plan Review
(SDR-40551) for a proposed 33,717 square-foot, 12-bed expansion and
Helipad in conjunction with an existing Hospital at 3100 North Tenaya Way.
The Planning Commission recommended approval of the request.
The City Council approved a request for a Special Use Permit (SUP-40552)
for a proposed Helipad at 3100 North Tenaya Way. The Planning
Commission recommended approval of the request.
The Planning Commission approved a request for a Site Development Plan
Review (SDR-44337) for a proposed 59,555 square-foot, 32-bed expansion to
an existing Hospital at 3100 North Tenaya Way. Staff recommended approval
of the request.
The Planning Commission approved a request for a Site Development Plan
Review (SDR-59940) for a Major Amendment to a previously approved Plot
Plan Review [Z-0068-85(15)] for a proposed 80,251 square-foot Medical
Office/College at the southeast corner of Tenaya Way and Cheyenne Avenue.
JB
SDR-63543 [PRJ-63425]
Staff Report Page Three
April 12, 2016 - Planning Commission Meeting
JB
SDR-63543 [PRJ-63425]
Staff Report Page Four
April 12, 2016 - Planning Commission Meeting
JB
SDR-63543 [PRJ-63425]
Staff Report Page Five
April 12, 2016 - Planning Commission Meeting
Pre-Application Meeting
A meeting was held with the applicant to discuss the submittal process and
02/17/16
procedures for a Site Development Plan Review for a proposed expansion of
an existing Hospital use.
Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.
Field Check
03/03/16
Staff visited the site and found a well maintained hospital with no issues
noted.
JB
SDR-63543 [PRJ-63425]
Staff Report Page Six
April 12, 2016 - Planning Commission Meeting
Surrounding
Property
Subject Property
North
South
Hotel
East
West
Medical Office
Planned or Special
Land Use Designation
LI/R (Light
Industry/Research)
SC (Service
Commercial)
LI/R (Light
Industry/Research)
LI/R (Light
Industry/Research)
LI/R (Light
Industry/Research)
LI/R (Light
Industry/Research)
Compliance
Y
Compliance
Y
Compliance
N/A
N/A
N/A
N/A
DEVELOPMENT STANDARDS
Pursuant to Las Vegas Technology Center Phase I, the following standards apply:
Standard
Required/Allowed
Provided
Compliance
Min. Lot Width
100 Feet
765 Feet
Y
Min. Setbacks
Front
30 Feet
315 Feet
Y
Side
10 Feet
172 Feet
Y
Corner
30 Feet
280 Feet
Y
15 Feet
950 Feet
Y
Rear
Six
Six stories or 100
stories/ 83
Max. Building Height
feet
Feet
Y
Mech. Equipment
Screened
Screened
Y
JB
SDR-63543 [PRJ-63425]
Staff Report Page Seven
April 12, 2016 - Planning Commission Meeting
Street Name
Tenaya Way
Functional
Classification of
Street(s)
Secondary
Collector
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
80
Pursuant to Title 19.08 and 19.12, the following parking standards apply:
Parking Requirement
Required
Provided
Compliance
Gross Floor
Parking
Parking
Area or
Use
Parking
HandiHandiNumber of
Ratio
Regular
Regular
capped
capped
Units
1.5 spaces
Hospital
340 Beds
per patient
510
(Existing)
bed
Hospital
1.5 spaces
(Proposed 4th
64
Beds
per
patient
96
& 5th Floor
bed
Expansion)
Existing
Medical
Office
198,064 SF
Office,
Medical
(Proposed)
22,428 SF
College
(Proposed)
240 Students
1:200 SF
for first
2,000 SF
w/ 1:175
for
remaining
GFA
1:200 SF
up to
2,000 SF,
1:175 SF
for
remaining
GFA
1 space
per every
four
students
1,131
127
60
1,924
1,894
30
2,554
2,426
Y
Y
128
JB
SDR-63543 [PRJ-63425]
Staff Report Page Eight
April 12, 2016 - Planning Commission Meeting
ANALYSIS
The Mountain View Hospital has proposed to expand its Cheyenne Avenue campus with a
71,027 square-foot expansion to the south tower of an existing six-story, 343,380 square-foot
Hospital located at 3100 North Tenaya Way. The proposed development is in Area 1 of the Las
Vegas Technology Center, a planned business park, and received approval from the Las Vegas
Technology Center Architectural Review Committee on 02/24/16.The proposed expansion to the
Hospital will add 64 additional patient beds to the existing 340 bed facility.
The submitted Floor Plans indicate that the proposed expansion will in increase the floor area on
the first floor area which is utilized by the existing emergency room by 4,958 square-feet. The
fourth floor and fifth floor will each be expanded by 25,608 square feet and will accommodate
32 additional patient bedrooms respectively, which will add 64 additional patient beds to the
existing 340 bed facility. The sixth floor will be expanded by 14,853 square feet to accommodate
for floor area which will be utilized as a mechanical room. The proposed building addition is 83
feet in height measured to the parapet. The building addition will have a corniced roof line with a
light brown and tan stucco finish to match the existing Hospital.
In addition, the applicant has also proposed minor rearrangement of the parking lot area drive
aisles adjacent to the ambulance drop-off and emergency patient drop-off adjacent to the existing
Helipad for air ambulance services. Also, the applicant has proposed an expansion to the existing
Helipad located within the existing southern parking lot that is used in conjunction with the
existing Emergency Room and Intensive Care Unit so that it can accommodate a second
helicopter. The expansion of the helipad will result in the loss of 30 existing parking spaces. As
a result, the subject site will provide 2,554 parking spaces where 1,924 spaces are required with
the proposed floor area addition.
Staff has determined the requested renovation and remodel of the subject site is in compliance
with the previously approved Plot Plan Review [Z-0068-85(15)]. In addition, this project is
compatible with surrounding development in the area; therefore, staff is recommends approval of
this project with conditions.
FINDINGS (SDR-63543)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E) the
Planning Commission and/or City Council must affirm the following:
1.
JB
SDR-63543 [PRJ-63425]
Staff Report Page Nine
April 12, 2016 - Planning Commission Meeting
The proposed 71,027 square-foot addition to the existing six-story Hospital and expansion
of the existing Helipad are compatible with the existing structures on-site and surrounding
development in the area. The applicant has received approval from the Las Vegas
Technology Center Architectural Review Committee.
2.
The proposed development is consistent with the General Plan, this Title, the Design
Standards Manual, the Landscape, Wall and Buffer Standards, and other dulyadopted city plans, policies and standards;
The proposed development and Helipad expansion are consistent with the LI/R (Light
Industry/Research) land use, the C-PB (Planned Business Park) zoning district
development standards and the Las Vegas Technology Center Design and Development
Standards.
3.
4.
Building and landscape materials are appropriate for the area and for the City;
There are no proposed changes to the existing perimeter landscape buffers. The proposed
building elevations have been designed with a light brown and tan stucco finish to match
the aesthetics of the existing Hospital which are appropriate materials for the desert
environment.
5.
6.
Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
The applicant is required to obtain all necessary building permits and inspections for the
proposed addition as required by the Department of Building and Safety to ensure the
public health, safety and general welfare are secured.
JB
SDR-63543 [PRJ-63425]
Staff Report Page Ten
April 12, 2016 - Planning Commission Meeting
NOTICES MAILED
199
APPROVALS
PROTESTS
19
JB
SDR-63543
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Sunrise Mountainview Hospital, Inc.
16.50
HOSPITAL [1000 SF]
PM Peak Hour
71.027
1.12
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1,172
80
81
24,554
1,964
Cheyenne Ave.
Average Daily Traffic (ADT)
PM Peak Hour (heaviest 60 minutes)
43,722
3,498
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percent of capacity and Cheyenne is at about 84 percent of capacity. After this project, Tenaya is expected to be at about
75 percent of capacity and Cheyenne at about 87 percent of capacity.
Based on Peak Hour use, this development will add into the area roughly 81 additional cars, or three every four minutes.
Note that this report assumes all traffic from this development uses all named streets.
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SDR-63543
Discussion
SUBJECT:
SDR-63591 - SITE DEVELOPMENT PLAN REVIEW - PUBLIC HEARING APPLICANT/OWNER: LUCKY DRAGON, LP - For possible action on a request for a Major
Amendment of an approved Site Development Plan Review (SDR-43890) FOR REVISED
HOTEL BUILDING AND PARKING GARAGE ELEVATIONS AND A WAIVER OF
DOWNTOWN CENTENNIAL PLAN PARKING STRUCTURE DESIGN STANDARDS IN
CONJUNCTION WITH AN APPROVED 240,199 SQUARE-FOOT HOTEL/CASINO on 2.51
acres on the north side of Sahara Avenue, approximately 410 feet west of Fairfield Avenue (APN
162-04-816-001), C-2 (General Commercial) Zone, Ward 3 (Coffin) [PRJ-63572]. Staff
recommends DENIAL.
MAY GO TO CITY COUNCIL ON 5/18/2016
OR MAY BE FINAL ACTION (Unless Appealed Within 10 Days)
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends DENIAL, if approved, subject to conditions:
BACKUP DOCUMENTATION:
1. Location and Aerial Maps
2. Conditions and Staff Report
3. Supporting Documentation
4. Photo(s)
5. Justification Letter
6. Support Postcards and Support E-mail
SDR-63591 [PRJ-63572]
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
RECOMMENDATION
SDR-63591
REQUIRED FOR
APPROVAL
** CONDITIONS **
SDR-63591 CONDITIONS
Planning
1.
Conformance to the approved conditions of approval for Site Development Plan Review
(SDR-43890), except as amended herein.
2.
This approval shall be void two years from the date of final approval, unless exercised
pursuant to the provisions of LVMC Title 19.16. An Extension of Time may be filed for
consideration by the City of Las Vegas.
3.
All development shall be in conformance with the site plan, landscape plan, and building
elevations, date stamped 02/25/16, except as amended by conditions herein.
. A Waiver from the Downtown Centennial Plan is hereby approved, to allow the parking
garage to contain different materials and finishes than the hotel/casino building where such
materials and finishes are required to be incorporated into the garage.
5.
All necessary building permits shall be obtained and final inspections shall be completed in
compliance with Title 19 and all codes as required by the Department of Building and
Safety.
SS
SDR-63591 [PRJ-63572]
Conditions Page Two
April 12, 2016 - Planning Commission Meeting
6.
These Conditions of Approval shall be affixed to the cover sheet of any plan set submitted
for building permit.
7.
All City Code requirements and design standards of all City Departments must be satisfied,
except as modified herein.
Public Works
8.
Site development to comply with all applicable conditions of approval for Site
Development Plan Review SDR-43890 and all other applicable site-related actions.
SS
SDR-63591 [PRJ-63572]
Staff Report Page One
April 12, 2016 - Planning Commission Meeting
** STAFF REPORT **
PROJECT DESCRIPTION
The applicant is requesting to revise the approved elevations for the Lucky Dragon Hotel and
Casino to remove colored metal panels from the parking garage that were used as a screening
device and to replace the painted metal panels on the casino with a smooth, scored and colored
EIFS product that resembles the metal panels. The Downtown Centennial Plan requires
uniformity of architectural form, materials, finishes and proportions between parking garages
and the primary buildings they serve. With removal of the red colored metal panels, the garage,
which faces Cincinnati Avenue, would lack screening of the open areas of the garage, become
visually and architecturally disconnected from the hotel/casino and aesthetically incompatible
with other properties in the vicinity. Staff therefore recommends denial of the waiver and the
associated Site Development Plan Review, with conditions if approved.
ISSUES
A Waiver of the Downtown Centennial Plan (Northern Strip Gateway District) is required to
allow the parking garage to contain different materials and finishes than the hotel/casino
building where such are required.
BACKGROUND INFORMATION
Related Relevant City Actions by P&D, Fire, Bldg., etc.
The Board of City Commissioners approved a request for Rezoning (Z-001361) from R-3 (Limited Multiple Residence) to C-1 (Limited or Neighborhood
03/22/61
Commercial) on property generally located at the northwest corner of San
Francisco Avenue and Fairfield Avenue.
The Planning Commission
recommended approval.
The Board of City Commissioners approved a request for Rezoning (Z-002661) from R-3 (Limited Multiple Residence) to C-1 (Limited or Neighborhood
07/26/61
Commercial) on property generally located on the north side of San Francisco
Avenue between Tam Drive and Fairfield Avenue.
The Planning
Commission recommended approval.
The City Council approved a Petition to Vacate (VAC-0001-99) alleys
generally located on the south side of Cincinnati Avenue, between Tam Drive
03/08/99
and Fairfield Avenue. The Planning Commission and staff recommended
approval.
SS
SDR-63591 [PRJ-63572]
Staff Report Page One
April 12, 2016 - Planning Commission Meeting
SS
SDR-63591 [PRJ-63572]
Staff Report Page Three
April 12, 2016 - Planning Commission Meeting
SS
SDR-63591 [PRJ-63572]
Staff Report Page Four
April 12, 2016 - Planning Commission Meeting
Pre-Application Meeting
Submittal requirements for a Site Development Plan Review application were
discussed with the applicant. A major amendment of the approved site review
02/24/16
would be required because a waiver of the Downtown Centennial Plan would
be necessary. The applicant showed staff renderings of the revised elevations.
SS
SDR-63591 [PRJ-63572]
Staff Report Page Five
April 12, 2016 - Planning Commission Meeting
Neighborhood Meeting
A neighborhood meeting is not required, nor was one held.
Field Check
03/03/16
A large hotel building and parking garage are under construction on the site.
The south faade of the hotel is unfinished.
Surrounding
Property
Subject Property
North
South
East
West
Planned or Special
Land Use
Designation
C (Commercial)
C-2 (General
Commercial)
CT (Commercial
Tourist) Clark
County designation
C (Commercial)
C-2 (General
Commercial)
General Retail
C (Commercial)
C-1 (Limited
Commercial)
Multi-Family
Residential
(Apartments)
Single Family,
Detached
Multi-Family
Residential
(Apartments)
Commercial
Recreation/Amusement
(Outdoor)
Multi-Family
Residential
(Condominiums)
Compliance
N
Compliance
N
Y
Y
SS
SDR-63591 [PRJ-63572]
Staff Report Page Six
April 12, 2016 - Planning Commission Meeting
Compliance
N/A
Y
N/A
N/A
DEVELOPMENT STANDARDS
Section VII.G of the Downtown Centennial Plan contains standards for the Northern Strip
Gateway District. Subsection (e) requires the following for parking structures:
Requirement
Exterior walls of all parking structures
shall be designed as part of the
architectural form of the primary and/or
the surrounding buildings and shall
incorporate the same materials, finishes
and proportions of the primary building.
Provided
Compliance
Open parking garage
with no colored screening
panels. Would resemble
the revised elevations of
the casino, which would
remove metal panels in
N
favor of a painted EIFS
SDR-43890 allowed
blank walls along the
north elevation through
waiver
Street Name
Functional
Classification of
Street(s)
Sahara Avenue
Primary Arterial
Waivers
Requirement
Exterior walls of all parking
structures shall be designed as part of
the architectural form of the primary
and/or the surrounding buildings and
shall incorporate the same materials,
finishes and proportions of the
primary building.
Governing Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
120
Request
Staff Recommendation
Denial
SS
SDR-63591 [PRJ-63572]
Staff Report Page Seven
April 12, 2016 - Planning Commission Meeting
ANALYSIS
Development within this site is subject to the requirements of the Northern Strip Gateway
District of the Downtown Centennial Plan and Title 19 where other standards are not addressed
by the Downtown Centennial Plan.
The approved elevations showed red painted metal panels on the casinos south side as well as the
building corners. The parking garage was designed to match this feature by displaying red metal
panels over the openings, which also provided visual screening. For economic reasons the applicant
is proposing to remove the red painted metal panels from both the casino and the parking garage.
However, this removes the screening device from the garage and leaves only the painted concrete
facades where the casino will now feature a colored EIFS exterior that is intended to resemble the
metal panels. This creates a disconnect between the design of the garage and the casino that is not
compatible with the surrounding development. The sites most affected would be the residences to
the north of Cincinnati Avenue, which would be facing an aesthetically undesirable faade. While
the colors of the garage and casino would match, the metal panels, which would have provided
visual interest and screening from noise and odors, would not be present. Staff therefore
recommends denial, with conditions.
FINDINGS (SDR-63591)
In order to approve a Site Development Plan Review application, per Title 19.16.100(E) the
Planning Commission and/or City Council must affirm the following:
1.
2.
The proposed development is consistent with the General Plan, this Title, the Design
Standards Manual, the Landscape, Wall and Buffer Standards, and other dulyadopted city plans, policies and standards;
The proposed revisions would create a non-uniform faade that features painted concrete
for the parking garage and colored EIFS for the casino exterior; per the Downtown
Centennial Plan the parking garage is required to incorporate the same materials and
finishes as the primary building. Staff does not support a waiver of this standard.
3.
SS
SDR-63591 [PRJ-63572]
Staff Report Page Eight
April 12, 2016 - Planning Commission Meeting
Site access to the property, including the parking garage, is not affected by this request.
4.
Building and landscape materials are appropriate for the area and for the City;
Painted concrete exteriors with no additional ornamentation are not appropriate for parking
garages in the Downtown Centennial Plan area and do not match the materials proposed
for the casino building.
5.
6.
Appropriate measures are taken to secure and protect the public health, safety and
general welfare.
Revisions to the elevations will be subject to building permit review and inspection,
thereby protecting the public health, safety and general welfare.
NOTICES MAILED
412
APPROVALS
PROTESTS
23
SS
SDR-63591
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SDR-63591
Discussion
SUBJECT:
TXT-63607 - TEXT AMENDMENT - PUBLIC HEARING - APPLICANT/OWNER: CITY OF
LAS VEGAS - For possible action on a request to amend Title 19.12 and Title 19.18 to delete
the Bed & Breakfast Inn use, to amend the Short-Term Residential Rental use, and to provide for
other related matters.
THIS ITEM WILL BE FORWARDED TO CITY COUNCIL IN ORDINANCE FORM
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff recommends APPROVAL
BACKUP DOCUMENTATION:
1. Summary
2. Proposed Amendments and Staff Report
[TXT63607AMENDSUNIFIEDDEVELOPMENTCODEREGARDING
March23,2016 SHORTTERMRESIDENTIALRENTALUSE]
Eliminates the Bed and Breakfast Inn use entirely (this use has never been used
in the City). Land use Title 19.
Allows the short-term residential rental use in commercial zones where mixed
use developments are permitted. Title 19.
Changes description of short-term residential rental to allow for renting out
individual rooms
TXT-63607
** STAFF RECOMMENDATION(S) **
CASE
NUMBER
TXT-63607
RECOMMENDATION
REQUIRED FOR
APPROVAL
**PROPOSED AMENDMENTS**
1.
2.
3.
SG
TXT-63607
Proposed Amendment Page Two
April 12, 2016 - Planning Commission Meeting
as a separate use. This use does not include a Community Residence, Facility for
Transitional Living for Released Offenders, or any other facility with dwelling units
that is specifically defined in Chapter 19.18.
4.
5.
Title 19.12.010 Table 2 (Permitted Uses) is hereby amended by amending the following
entries:
M
C-M
C-PB
C-2
C-1
O
P-O
6.
R-MH
R-4
R-3
R-2
R-TH
R-CL
R-SL
R-1
R-D
R-E
U
Bed & Breakfast Inn
Boarding and Rooming House
Short-Term Residential Rental
S S S S S S S S C C
C
P P
C C C C C C C C C C C C
C C C C
Additional
Informatio
n
page 332
page 336
page 375
Title 19.12.070 is hereby amended by deleting the Bed & Breakfast Inn use in its
entirety:
Bed & Breakfast Inn
Description: A facility wherein overnight accommodations and a morning meal are
provided in a dwelling unit to tourists for compensation.
Conditional Use Regulations:
1. The establishment must have a minimum of two and a maximum of five guest
bedrooms.
2. Required on-site parking for guest bedrooms shall be screened by a 6-foot fence or
by dense landscaping.
3. Access to the parcel on which the establishment is located must be by means of a
paved street with a right of way width of at least 50 feet.
4. Cooking facilities for guest rooms are not permitted.
5. The Department of Fire and Rescue must inspect and approve the occupancy of an
establishment before it may be used as a bed and breakfast inn.
SG
TXT-63607
Proposed Amendment Page Three
April 12, 2016 - Planning Commission Meeting
6. Individual guest occupancy is limited to no more than one month in any 3-month
period.
7. No sale or display of merchandise or other commodities may occur in connection
with the establishment.
8. Private functions such as weddings, receptions, luncheons, parties and similar
activities are not permitted, except to the extent such activities represent personal
activities of the owner/ resident.
9. Not more than one on premise sign shall be permitted. With respect to that sign:
a. The copy may contain only the name and address of the establishment.
b. The sign may not exceed 3 square feet in size or 4 feet in height.
c. The sign may be freestanding or may be located on the dwelling itself or on a
fence or wall.
d. Any sign illumination must be exterior to the sign and must be shielded so as not
to produce glare upon an adjacent property or a public right of way.
e. The design materials and colors of the sign must be compatible with the
architectural style of the dwelling.
Minimum Special Use Permit Requirements:
1. The establishment must have a minimum of two and a maximum of five guest
bedrooms.
2. Required on-site parking for guest bedrooms shall be screened by a 6 foot fence or
by dense landscaping.
3. Access to the parcel on which the establishment is located must be by means of a
paved street with a right of way width of at least 50 feet.
4. Cooking facilities for guest rooms are not permitted.
5. The Department of Fire and Rescue must inspect and approve the occupancy of an
establishment before it may be used as a bed and breakfast inn.
6. Individual guest occupancy is limited to no more than one month in any 3-month
period.
7. No sale or display of merchandise or other commodities may occur in connection
with the establishment.
8. Private functions such as weddings, receptions, luncheons, parties and similar
activities are not permitted, except to the extent such activities represent personal
activities of the owner/ resident.
9. Not more than one on premise sign shall be permitted. With respect to that sign:
a. The copy may contain only the name and address of the establishment.
b. The sign may not exceed 3 square feet in size or 4 feet in height.
c. The sign may be freestanding or may be located on the dwelling itself or on a
fence or wall.
d. Any sign illumination must be exterior to the sign and must be shielded so as not
to produce glare upon an adjacent property or a public right of way.
e. The design materials and colors of the sign must be compatible with the
architectural style of the dwelling.
On-site Parking Requirement: Two spaces for the primary resident, plus one
additional space for each guest room.
SG
TXT-63607
Proposed Amendment Page Four
April 12, 2016 - Planning Commission Meeting
7.
Title 19.12.070 is hereby amended by deleting the Boarding or Rooming House use in
its entirety:
Boarding or Rooming House
Description: A building or portion thereof, other than a hotel, with no more than four
guest rooms where, for compensation, lodging and meals are provided for no more than
four persons who are not members of the immediate family occupying such building.
On-site Parking Requirement: Two spaces for the owner or principal occupant, plus
one additional space for each rental unit.
8.
Title 19.12.070 is hereby amended by amending the description for the Short-Term
Residential Rental use as follows:
Short-Term Residential Rental
Description: The commercial use, or the making available for commercial use, of a
residential dwelling unit for dwelling, lodging or sleeping purposes, wherein any
individual guest rents or occupies the entire dwelling unit or individual rooms within
the unit for a period of less than 31 consecutive calendar days. When more than one
dwelling unit exists on a single lot, each unit shall be considered as a separate use. This
use does not include a Community Residence, Facility for Transitional Living for
Released Offenders, or any other facility with dwelling units that is specifically
defined in Chapter 19.18.
Conditional Use Regulations:
1. The operator must obtain a business license to operate the use.
2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.
3. The use must comply with the Citys noise regulations as they apply to residential
uses.
4. The use may not be located closer than 660 feet to any other Short-Term Residential
Rental use (measured from property line to property line).
5. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or access to
other properties in the area.
6. In addition to and independent of any enforcement authority or remedy described in
this Title, the failure to comply with a Conditional Use Regulation associated with
this use may be enforced as in the case of a violation of Title 6 by means of a civil
proceeding pursuant to LVMC 6.02.400 to 6.02.460, inclusive.
7. On any particular parcel, the use is limited to a single residential dwelling unit that
has no more than four bedrooms, with a maximum occupancy not to exceed the
limits set forth in LVMC 6.75.090. The dwelling unit is presumed to have the
SG
TXT-63607
Proposed Amendment Page Five
April 12, 2016 - Planning Commission Meeting
number of bedrooms indicated in the records of the Clark County Assessors Office
that pertain to that unit, but that presumption may be rebutted by inspection or other
competent evidence.
Minimum Special Use Permit Requirements:
1. The operator must obtain a business license to operate the use.
2. The use must comply on an ongoing basis with all governmental licensing and
regulatory requirements, including the payment of applicable room taxes and
licensing fees.
3. The use must comply with the Citys noise regulations as they apply to residential
uses.
4. Vehicle parking associated with the use shall comply with applicable parking
regulations, and vehicles of guests and invitees shall not obstruct traffic or access to
other properties in the area.
5. In addition to and independent of any enforcement authority or remedy described in
this Title, the failure to comply with a Minimum Special Use Permit Requirement or
other condition of approval associated with this use may be enforced as in the case
of a violation of Title 6 by means of a civil proceeding pursuant to LVMC 6.02.400
to 6.02.460, inclusive.
6. The use may not be located closer than 660 feet to any other Short-Term Residential
Rental use (measured from property line to property line).
7. The maximum occupancy of the residential dwelling unit shall not exceed the limits
provided for in LVMC 6.75.090.
On-site Parking Requirement: No additional parking required beyond that which is
required for the principal use on the site.
9.
Title 19.18.020 is hereby amended by deleting the definition of the Bed & Breakfast Inn
use in its entirety:
Bed & Breakfast Inn. A facility wherein overnight accommodations and a morning
meal are provided in a dwelling unit to tourists for compensation.
10.
Title 19.18.020 is hereby amended by deleting the definition of the Boarding or Rooming
House use in its entirety:
Boarding or Rooming House. A building or portion thereof, other than a hotel, with
no more than four guest rooms where, for compensation, lodging and meals are
provided for no more than four persons who are not members of the immediate family
occupying such building.
SG
TXT-63607
Proposed Amendment Page Six
April 12, 2016 - Planning Commission Meeting
11.
Title 19.18.020 is hereby amended by amending the definition for the Short-Term
Residential Rental use as follows:
Short-Term Residential Rental. The commercial use, or the making available for
commercial use, of a residential dwelling unit for dwelling, lodging or sleeping
purposes, wherein any individual guest rents or occupies the entire dwelling unit or
individual rooms within the unit for a period of less than 31 consecutive calendar days.
When more than one dwelling unit exists on a single lot, each unit shall be considered
as a separate use. This use does not include a Community Residence, Facility for
Transitional Living for Released Offenders, or any other facility with dwelling units
that is specifically defined in Chapter 19.18.
SG
TXT-63607
Staff Report Page One
April 12, 2016 - Planning Commission Meeting
** STAFF REPORT **
PROJECT SUMMARY
This is a request to amend LVMC Title 19.12.010 Table 2, 19.12.070 and 19.18.020 by deleting
the Bed & Breakfast Inn use and amending the Short-Term Residential Rental use to allow the
use within commercial zoning districts where mixed use developments are permitted, and to
allow the rental of individual rooms within a dwelling unit. LVMC Title 6.46 and 6.75 will be
amended to remove references to the Bed and Breakfast Inns and Boarding or Rooming House
uses, and to make definitions and requirements for the Short-Term Residential Rental use
consistent with Title 19.
ANALYSIS
This amendment will accomplish the following:
1. The business licensing sections of LVMC Title 6 are updated to match the definitions and
requirements of the Unified Development Code LVMC Title 19. The terms Bed and
Breakfast and Boarding and Rooming House have been eliminated.
2. The Bed & Breakfast Inn use will be deleted in its entirety. This use was created in 1994, but
in the years since, there has never been one licensed within the City of Las Vegas. The
recent trend is to accommodate these types of stays via a Short-Term Residential Rental,
which provides greater flexibility for both the property owner and the prospective guest.
3. The Boarding or Rooming House use will be deleted in its entirety. This use can also be
accommodated via the Short-Term Residential Rental use, which provides greater flexibility
for both the property owner and the prospective guest.
4. The Short-Term Residential Rental use will be permitted as a conditional use within those
commercial zoning districts that allow mixed use developments, including the P-O
(Professional Office), O (Office), C-1 (Limited Commercial), C-2 (General Commercial) and
C-PB (Planned Business Park) zones. By definition, this use allows the commercial use of a
residential dwelling unit for dwelling, lodging or sleeping purposes. It does not provide the
ability to establish a new residential dwelling unit in a zoning district where such is not
permitted. Within these commercial zoning districts, the residential dwelling units that will
be available for this use are those approved as part of a mixed use development, and those
that exist as legally nonconforming uses (commonly referred to as grandfathered uses).
They will be subject to the same Conditional Use Regulations and Special Use Permit
Requirements as any other single- or multi-family unit located within a residential zoning
SG
TXT-63607
Staff Report Page Two
April 12, 2016 - Planning Commission Meeting
district, including licensing, distance separation and limitations on the number of bedrooms.
In addition, nonconforming uses are subject to the provisions of Title 19.14 regarding the
continuation, expansion and discontinuation a use.
5. The Short-Term Residential Rental use will be amended to allow the option of renting the
entire residential unit or just individual rooms. Currently, the use defines the rental activity
as encompassing the entire unit. This change provides greater flexibility for both the
property owner and the prospective guest(s), and allows the property owner the option to cooccupy the unit when individual rooms are rented out. It also clarifies that each individual
dwelling unit located on a single lot is considered as a separate use.
FINDINGS
The proposed text amendment will achieve the following:
Ensure that the licensing provisions of LVMC Title 6 and the zoning provisions of
LVMC Title 19 are consistent for the Short-Term Residential Rental use.
Delete the Bed & Breakfast Inns and Boarding or Rooming House uses from both
LVMC Titles 6 and 19. These use types can better be accommodated within the ShortTerm Residential Rental use, as amended by this same text amendment.
Allow residential units that exist within commercial zoning districts to be rented out on a
short-term basis, subject to the provisions of the Short-Term Residential Rental use.
Allow the rental of individual rooms within a dwelling unit, and the co-habitation of the
unit by the property owner, subject to the provisions of the Short-Term Residential
Rental use.
Provide greater flexibility regarding short-term rentals for both property owners and
their guests.
.
NEIGHBORHOOD ASSOCIATIONS NOTIFIED
NOTICES MAILED
RJ only
APPROVALS
PROTESTS
N/A
SG
Discussion
SUBJECT:
DIR-63603 - DIRECTOR'S BUSINESS - PUBLIC HEARING - APPLICANT/OWNER: CITY
OF LAS VEGAS - Presentation of the proposed Downtown Master Plan Update, All Wards.
Staff has NO RECOMMENDATION.
NO ACTION
PROTESTS RECEIVED BEFORE:
RECOMMENDATION:
Staff has NO RECOMMENDATION
BACKUP DOCUMENTATION:
None